The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1911-11-23
OFFICE OF COMMISSIONER OIL
AGRICULTURE Is THE DIS
PUTED POINT.
And Whether It's Creation Abolished
the State Board of Agriculture
and the Agricultural En-
pertinent Station.


and the Agricultural En-
pertinent Station.
Attorney General Conley has Just
given an opinion on the powers Of
the Legislature to create q State Oft.
Ger; and his opinion, in the ease OF
ne Commission G. OF Agriculture 70
ihcides with Tive recent one Of lhe
State Supreme Court as to the Gre
&tl"n OF the it.tu Tax Commis;:i .ner
riA., vthat it can. The attorney p2H-
nral also exprrs.|s the opinion tia
me creation Ct the Office Of Commi:
>iol tr of .tgricu:' arme does not
a.'tllsh the Department of Agricui-
tural Experiment Station. His oni:i-
i1n. which 81 eaKs for itself, foilnw:,
III lrll:
Your letter Of the Sd instant receiv-
ed, asking whether chapter 35 of the
Acts of, the Legislature Of 1911 Great
ing the office Of Commissioner Of Ag-
rlcnllure and prescribing his duties
was constitutional; and if so, whether
said act abolished the State Board Of
Agriculture and the Agricultural Ex-
p2liment Station.
Inc legislatures Of the several states
nave large legislative powers. The
/ decisions Of the courts are practically
uniform DIN holding that the state
Legislature has jurisdiction of all sub
1ects not prohibited by the state con-
s:itution. '--..- ..... ..- --.
Cooleys COnst. Linn, 173;
Bridges 1. Shall cross, 6 w. Va.
562-573.
l search in vain for any constitu-
t1onal prohibition on the legislature
or this state against creating the office
or Commissioner Of Agriculture 1t
is true section 1 Of article VII, Of tile
Constitution provides that "the execu-
i've department shall consist of a gov
error, secretary Of state, state super
1tendent of free schools, auditor,
treasurer and attorney general" but
1t nowhere prohibits the creation Of
new offices and the appointment or
election Of officers to assist in per-
forming varied and exacting duties
OF the executive department Of the
state government. On the other hand
section Of said article VII, provides:
The governor shall nominate, and
by and with the advice and consent
Of the Senate, Ca majority of all the
Senators elected concurring by yeas
and nays) appoint all officers whose
offices are established by this Consti-
tuition, or shall be created by law
and whose appointment or election Is
not otherwise provided for; and no
such officers shall be appointed or
elected by the Legislature"
FROM said section it will be noted
1t provides that the governor, with
the advice and consent Of the senate,
shall appoint all officers whose Of
hces are established by this constitu-
ton, or shall be created by law, and
whose appointment or election is not
+ otherwise provided for"
This, it seems to me, gives consti-
tdtional authority for the legislature
to establish other o ces in the state
government, independently of the in
herent right Of the Legislature to do
SO if no constitutional prohibition IA
tervened. Whether the ce is cleo
tive or appUtnttvc does not, IN my
opinion change the right of the legisla-
ture Of this state to create the same.
Section II Of article XII of our state
constitution commands the legislature
to foster and encourage, moral, in
tellectual, scientific and agricultural
Improvement" This command the
legislature has obeyed from time to
time, as will be disclosed by exami-
nation Of the several acts of the leg
islature on that subject 1t will be
noted that the constitution does not
provide how agricultural Improvements
is to be fostered and encouraged; il
leaves that to the discretion Of the
legislature.
For full and recent exposition Of
the power Of the legislature to create
new ces to aid the executive de-
partment, see the able opinions of the
supreme Court Of Appeals Of this
State, handed down November 7, 1911
in the cases Of Blue, Tax Commission
CT V. Tetrick, Clerk, and Blue, Tax
Commissioner V. S. p. Smith, Sheriff.
Some of the duties conferred upon
the Commissioner Of Agriculture in
the act creating that office are also
part Of tho duties conferred upon
the State Board Of Agriculture end
the Agricultural Experiment Station,
but said chapter 50 nowhere attempts
to abolish said Board Of Agriculture
or the Agricultural Experiment Sta
ton. That some Of the duties arc rC-
CURED to be performed by each, Of
these three arms or aids Of the state
government is not su Client to abolish
either Of the other two. 1t would at
most, under the well established rules
OF statutory construction, authorize