The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-06-20
JUDGE
MASON
WRITES | Il I
u Interesting 4 1: !: (! I! letter
on . ]. th,eVl 1 Virgi,,iez
Debt Case.

iis-ssSE 8 ~ S5g,
Hon. John w. AiasonshasSwr Swritt6n an
Interesting and forcefnl letter tos Gov
ernor Dawson. discussing the virgtnia
debt question. Jud 80 Mason and
Judge Frank NJ Reynoid were bott,
appointed one of the connlis ssinnars
to cooperate withSt the board Eof public
works relative to the Virginia debt
question. After carefully enaminfns
into the matter both are :ots the opir,s
ions that the law prerents them from
serving, without surrender ering their
judicial positions II Judge il siason,s let:
ter however Is OF such hing In
terest. that the West NlrEtnlan pres
sents 1t herewtth:s : ::
FAIRsioN %
May 20. 1908
Hon. W. Nj. o. sDawsbn
Governor.
Dear Sir: - - ~ -,
The Legislature Of west Virginia at
its last session by Joint resolutfon
adopted February 1. 8 9os3 appotnted
me a member OF az snon:part cunl
mittee with whom the Attorney Cen
eral and the! Board or Public works 4
might advise AMI counsel I'm regard 10
the matters involved In the suit IN
equity of the, commonweaith5o virgin.
Ia VS.. State ot West Virginia nov
pending the Supreme Court of tho
United States.
am profoundly grateful for the
compliment done me by the LegisIa-
ture, and have very sreluc teach
ed the conclusion that EIscannpt accent
the appointment without svacatfng ths
position i now hold as Circuit Judge
It was the purpose OF the trainers MI
the Constitutlonsof OF this Statssnot nr-
1y5ito separate and keep distinct the
legislative. executive and judicial da
partments. SO that neither shaIlSex
else powers properly belonging to eiths
er Of the others. and that no person
shall" exercise more than one OF them
at the same time, except that justices
OF the peace shall be fellgtble to thu
legislature." as provided In article s:
but they also deemed nc wise; 10 prohih5
it Judges from holding any other OF
flce under this or any other goTern.
.ment, hence the provision contained
In section 16. article S;.Nos Judge dur.
Ing his term OF ofiice. shall tice
the profession Of law or hold any 9TH
er Office. appointment or public trust
under this or any other government.
and the Facceptance thereof shall VA
cate his judicial ON Ishaye sraach.
ed the conclusion that persons serv-
ing on this commit tee VIII Z do so by 4
appointment within the meaning ~
the Constitution The resolution la
express terms provid that the per.
sons named 5"be and they are HEREBY
appointed such scommltteesss and then
defines the duties required Of sthen.
and requires each member to lake the
oath provided by a the ConstitntIohs
and fle 1t with the Governor Ths
oath meant, Il assume, rs the OATH re
quired by section s. OF art icleH d: no
comply with this reaulr renent each
member must take an oath to support
the Constitution OF the United sstatss
and the Constitution of this State.
and to faithfully dlschafge the iities
Of the office to the best sofs his skiIt
and iud gment. After taking and stts
scribing such oath and filing II with
the Governor. the persons doing 50
could scarcely be heard TO deny that
the position Is an ..ofi ice. appoint.