Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1907-09-05

mailing expert, it was at lower rate
instead of a higher. Notwithstanding
this, the commissioner increased the
price of mailing the bulletin. 1t will be
seen that the time had certainly come
when the board should require sealed
bids for this work, and pass upon these,
taking from the commissioner the pow
er to award the contracts.
FORFEITED HIS OFFICE.
In the fall Of the past year, the COM
missioner made application for the po-
sition of United States Statistician of
Agriculture for Virginia, to which po-
sition he was appointed at salry of $50
per month-not a princely salary, but
one which many sA intelligent farmer
of the State would gladly have accept
ed. He continued in this work until JAN
uary Is, 1907, when at board meeting
held in Richmond, a committee waited
on the Attorney General and asked for
an opinion as to the legality of the COM
missioner holding a Federal and State
office. The Attorney-General ruled that
the commissioner by accepting the Fed
eral office had vacated the Office of Com
missioner of Agriculture and Immigra-
ton of Virginia. Under the law, the
board had the power to fill the vacancy,
and upon the commissioner assurance
that he had telegraphed his resignation
to Washington and had in his possession
telegram stating that his resignation
had been accepted, the board unanim-
ously elected him to the vacancy. Hence
it will be seen that Mr.. Koiner, having
forfeited his Office, as rendered him by
the sovereign people, became to some
extent creature of the board, and the
latter felt that it had shifted upon its
own shoulders the responsibility for the
future conduct of his Office. Even as it
was, it must be remembered that the
board, under the law, is made RESPONSE
BILE for the work of the department, and
is charged with prescribing the duties
and powers of the commissioner.
Now, it has been said by the commits
sioner that he accepted this position un-
conscious of the fact that the Constitu-
ton forbade an officer of the State
to hold a Federal position. This the
board grants, and by its action in rein
stating him, manifested that it put no
blame or censure upon him, though, of
course, he had held tie office of commits
sioner Illegally from November 1st, to
January 18th, during which period the
State was without commissioner.
DEPARTMENT OFFICES USED.
One might suppose that the commits
sioner would have been grateful to the
board for helping him out of the pre-
dicament, and that ne would have
abided by the laws of his State in the
future. But the commissioner, the day
following his reappointment as commits
sioner and his tender Of resignation as
statistician. went to Washington and
had one of his daughters appointed to
the latter position. This, as results
proved, was mere subterfuge Of the
commissioner to defeat the plain intent
of the Constitution, and to juggle with
the laws of his State. He continued to
do this work himself, and to allow it to
be supervised by his immigration clerk,
who for two days, as we learn in Wash
ington, received instructions from a
United States agent sent to the com
missioner's Office from Washington.
The statistical work was done by the