The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1911-11-02
TWO IMPORTANT CASES
BEFORE SUPREME COURT

TWO Of the most important clses
that have recently confronted the
Supreme Court of Appeals were be-
fore that tribunal this mornink and
during the noon hour. One is the
case Of Fred O. Blue, state tax
commissioner and as such chief in
spector and supervisor of public Of
fees, against w. Guy Tetrick, clerk
OF the county court OF Harrison
county. Both were argued and
submitted, and decisions will be
rendered later by the court. The
more important Of the cases is that
against the Harrison county official
who ccmbats the rights and the con
stitutionality Of the office Of the
state tax missioner, but the
Huffman case is one which involves
the liberty Of Mr.. Huffman who was
found guilty OF the charge Of ar
| son. he was given sentence Of
from three to ten Gndeterminate)
! after being found guilty of burning
| a granery about fifteen miles from
Summersville. An appeal was talk
Ell and the arguments were made
this morning for the petitioner by
Attorneys G.. w. Osentou and Ho-
ran, from Fayette county. The
State was represented by J. O. Hen
son. assistant to the attorney gem
| eral.
In the tax commissioners case
some questions are involved which
AFFECT every county Office in the state
TO certain extent. The arguments
were made by Commissioner Blue in
defense Of his department., and by
Attorney Phillip j. Steptoe, Of Har-
rison county, for MI. Tetrick. Mi.
Steptoe claims there is a conflict be-
tween the powers exercised by the
county court and those exercised by
the supervisor of public offices de-
partment. In this case the re-
spondent also raises the question Of
validity of the law creating. the Of
fee Of the state tax commissioner,
the same problem that was present.
ed when the arguments were made
last week in the case Of Blue against
Sheriff Smith, Of the county OF Ka-
nawha, taking the position that the
legislature was without power to
create the office Of the tax commits
sioner with such powers as were
vested at the extraordinary session
or the legislature in 1904. Includ-
ed in the items Of defense are five
sections of chapter 20, or the code of
West Virginia.
One of the primary Features" of
the tax commissioner argument is a
.provision Of the state constitution
which says:
THE governor shall nominate,
and by and with the advice and COLI
sent OF the Senate, (majority of all
the Senators elected concurrng by
ayes and nays) appoint all officers
whose offices are established by fnis
constitution, or shall be created by
law, and whose appointment or cleo
ton is not otherwise provided for:
and no such officer shall be appoint
led or elected by the Legislature. -"
| Inc tax commissioner cites in the
case OF State against Butler, the
court held that only the legislature
can establish a public office ether
nan constitutional office) as an in
strumentallty OF government, wheth-
er the establishment of such office is
necessary or eXpedient, it's duties, it's
powers, its beginning, it's duration,
It's tenure, are all questions for the
legislature to determine, and be re-
spOnsible to the people for their cor
rect determination"
| He says that "The constitution Of
our State is determinative of the
proposition; for running all through
the Constitution are expressions in
olcatlng the contemplation Of that
| instrument that the legislature would
create new offices, and bv an ex
pressed provision Of the Constitu
ton, providing for the appointment
70 offices created by the legislature
and 81 expressed provision Of the
constitution, the Governor is clothed
with the appointing power"
| Mr.. Blue also referred to article
SIX or section > Of the Constitution
which says:
NO senator or delegate, during
the term for which he shall have
been elected, shall be elected or ap
pointed to any civil office of profit
! under this state, which has been
created, or the emouments of which
nave been increased during such
term, except Offices to be filed by
election by the people. Nor shall
any member Of the legislature be IN
| terested, directly or Indirectly. in
any contract with the state, or any
county thereof, authorized by any