The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1911-11-18
State So1ons Have TO Regu-
late Conduct of Public
Offices in State.


Offices in State.
CHARLESTON. Nov. 1s-Judge
.Brannun cites all the questions that
have been raEsed both for and
against the defense, and directs at
tention to- the claim OF the defense
that creating the Office OF tax cons
missioner is unconstitutional. and
that in law there is mo such office
as the state tax commissionership
and that the pfaintiff Is no oficer at
all and consequently has no power
as SUCH. THE judge rules that
this position rests on the theory
that the act establishing anotheP ex-
ecutive officer in addition to those
specified in the constitution and
SAYS that provision OF the consttu-
ton relied upon for this contention
is the one which reads as follows,
being section one, article seven:
''The executive department shall
consist of a governor, secretary Of
state, state Superintendent Of
schools, auditor, treasurer and at
torney general"
The claim is that the tax COM
missioner is a state officer Of the
same nature and character as the
governor and other officers named
in the clause OF the constitution just
quoted, and that the clause contains
all the executive officers to fill and
execute the duties of the state exec
utive department, and no more can
be added.
Legislature is Supreme.
s'We cannot concur in that con
tentfon. we must remember the
we'll known rule that as the legis-
lature is the supreme law making
power, It can enact any law where
it is not prohibited by the state or
federal constitution" says Judge
Brannon.
The opinion continues by saying
1--WE cannot think that it was the
intention of the trainers OF the con-
stitution, to limit the power of the
Legislature so as to prohibit it from
creating, new Offices to hold in state
executive administration
In further yesting in the legisla-
ture the law making power referred
to In the foregoing, reference is
made to the increase in population
and in business and suggests that no.
unintentionai E6nstituttons should
be placed upon the Constitution as
would initiate against the public
welfare and necessity. Provisions
of the constitution of the United
States are shown in this opinion in
just such connections as the one in
question and the opinion says that
IT cannot be possible that it was in
tended that all the muntifarious
executive duties should rest on the
President alone, without power in.
Cor gress to create Offices and Off
Gers of great power, to carry on ex'
ccutive administrations
At times, in, his opinion in the
case of Tax Commission Fred o..
Blue. against Tetrick, Judge Henry
Brannon wakes eloquent after cps
itomizing the case by referring to
legislative acts such as chapter a.,
acts OF 1904, extra session, ana llHuS
in the code OF the edition of 1906
that it is not unconstitutional in pro-
viding the creation of the Office of
tax commissioner. and further that
that official is lawful state execn-
tive officer.
Judge Brannon says that the Leg
islature has power under the con-
stitution to create subordinate exec
utive state officers in addition to
those specified in the constitution.
The same Judge cites further that
SO, Acts of 1908, extra ses-
sion. is not unconstitutional in its
provinces requiring public officers in
keeping accounts of public moneys,
to conform to the system and forms
prescribed by the state tax COM
missioner and board Of public
works.
Similar to Other.
The finding of the court in the
case against Tetrick, in the opinion
by Judge Brannon. is almost similar
to that Of Judge Williams in the
case against s. p Smith in which
the state tax commissioner was also