The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-07-21
LAK|N AND OTT
CHANGE PLACES
LAK:Ns APPOINTMENT ILLEGAL,
GOES BACK TO BOARD OF
CONTROL.
LEE OFT WILL QUALIFY AS MEM
Der PUBLIC SERVICE COM.
MISSION. s
THE CORRESPONDENCE 1E.
TWEEN GOVERNOR AND cEk?
LILLY GIVEN OUT.

Hatfield announced that james S. La.
kin. chairman OF the uubllc service
commission, had rendered his resigna.
tion and, had been commissioned 4
member OF the state board @! control
At the same time 1t was announces
that Lee OFT of Thomas. would not
qualify as member OF the board o!
ccatrol, but was commissioned to SUI.
iced Lakin on the public service com.
mission.
Lakin. who had served four years
Of his slx.year term on the board of
control. was appointed member Of
he public service commission one
week ago when Virgil Highland re.
signed as a member OF the commission
and OFT was appointed on the board Of
control to I'LL Lakin's unexpired term
me law prohibits that a member of
me board OF control shall be appoint.
cd TO any lucrative Office for one yea5
after his term has expired.
After getting the opinion of Attor.
hey General Lilly, Governor Hatfield
said he feared Lakin's appointment
was illegal. therefore the change bacI;
to his former ofIige.
ott had never qualified MS a mem
per OF the board of control nor per.
formed any of the duties Of that of.
nee therefore he vas not disqualified
rom the appointment 10 the public
service commission.
Governor Hatfield last night gave
cut for publication some correspond.
ence he had With Attorney General
LILY on yesterday regarding the eli.
sloliity OF Mr.. Lakin aud of Mr.. OFT.
The attorney general advised that Mr.
Lakln's recent appointment corfifctad
with the law, which he believed to be
valid. there being no express viola,
tion OF the constitution.
Governor Hatfield in his explana.
ton says:
Governors Explanation.
l submit this correspondence TO the
press SO that the public can have the
oeheiit oil what has actually been done
oh account OF Mr.. Lakins peculiar fl.
ness Tor this position, he having had
such varied and successful career
IN handling the public affairs in con.
heetton With the board of control and
on account of this training he was fit.
'eu as no other to enter into and nc.
compiish results for the people as
chairman of the public seryce com.
mission. However, the legal Drofes.
Sioh ana the press seem to look at the
technical side in so serious a manner
nat have decided to appoint Mr. OH
10 The public service commission in.
H'ead OF the state board of control
ana permit Mr.\ Lakin 10 return TO his
Qua position, thus avoiding any nossi.
putty OF legal conflict.
Mr.. Otis Icing and successful, ey,
pefience, having risen from a labor.
CT IN the coal mines 10 the position
ot general superintendent of twenty.
lour coal mines located In five conn.
'ies' assures his giving TO the peonIe
"iohS with the other three members
OF me commission, good report OF
MS stewardship of their interests -
-, II. D. HATFIELD"
| meg oVernor's own explanation as
10 how he viewed the legislative OH.
rctment which he ignored in the In.
KIN appointment is embodied in bis
'etter Of Gen. Lilly, as follows:
Letter to Gen. Lilly.
Charleston, W. Va.
"no c, July 10, 1913.
| Inc press of the state has raised
,ne question as to the eligibility o,
ZION. James S. Lakin to membersbjy
OIL the public service commission
Ill" thoroughly familiar with the nara.
graph in the state board of contro,
law which conflicts with Mr.. Lakln's
appointment. but on account or hi,
peculiar fitness to MI the position OK
'he public service commission made
vacant by the resignation of Mr. Hiph
iahd. having in mind the constitution
al requirement as 10 eligibility of nor
sons to Office as my guide, though,
mat said section OF the constitutior
was the real test TO eligibility IN Of
nee instead of any statutory provision
mat might be enacted. The dptie.
ana work Of the commission are 10,
Important to the people to have tn,
legality of its organization question
ed. would. therefore. be glad :,
naFe.yoHr opinion on this matter
Very truly yours
"tsignedJ II. D. HATFIELD"
Hon. A. A. Lilly, -
Attorney General of West Virginia
charleston, West Virginia"
Gen. Lilly. in his reply, thorough,
discussed the enactment and It's rela.
uon to the constitution. He said tho,
some states had questioned and do
MED he right of the Legislature n
make such restrictions as those con
famed in the above law. but tina, The
supreme court here has practically At
hFmed the right in this state. He
therefore thought Mr.. Lakin's title
voidable should 1t ever be questioned
at law.
The governor also requested Gen.
Lillys opinion as 10 Mr., Otis eIipL