The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-16

sal form the Public Service Commits
sion by Governor Hatfield in person
This occurred about the 10th OF June
1914. The witness testified that he
had been instructed by Mr.. Kilmer 10
copy certain patents and land records
in the State Auditors office. That he
had gone TO the auditors office and
made the copies in long hand, had
gone back to his office and made them
out on his typewriter He then had
gone to Mr.. Bronson's office TO ask
Miss Dick. his stenographer, to hold
the copy, so that he could compare
the copy with his notes. While en-
gagged in that work. Governor Hatfield
came in and said TO him. What are
you doing here" or words to that
effect. Before he could explain, Gov
ernor Hatfield said. Get your nat and
get out" once more get your hat
and get out Of the building"
The witness said that he then went
to Mr.. Kilmer's Office. and started 10
tell Mr.. Kilmer the circumstances
kilmer said, Il am sorry" and when
kilmer was speaking. Governor Hat
field came In and said TO Mr.. Kilmer:
Il just let this man go"
The witness then left the Office, and
there was no further dis 0lssion.
The next day he returned and asked
Mr.. Kilmer II he had seen the Gov.
ernor. and asked him why he. the
Governor. had discharged him, Harley
Mr.. Kilmer replied that he had not
seen the Governor. and could not al.
ford to put himself in a position OF
going to the Governor. but was very
sorry that he. Harley. had lost his
position.
The Executive Power.
This evidence was al, introduced
over the objections Of the states AT.
torney. and on this point ConEressman
Avis made a striking argument He
asked II Il was TO DO presumed that
this court was 20 try to decide upon
the right Of the Governor 20 discharge
a subordinate employee. n that was
the purpose for which the Court sat.
he was willing TO pile authority upon
authority to show that the chief ex.
ecutive Of The state had a right 10 con
fer with his appOintees. and TO act
with his appointees in the exercise Of
their executive duties. The Supreme
Court had held that the functions OF
the Public Service Commission were
dual in character.
flfsf ihNy were executive
second hey were judicial
With the executive duties o. the Of.
hce. that Is. with the details Of organi-
zatiOn. the appointment OF subordi-
mates. and the manner On which they
discharge their work. 10 was perfectly
proper for the chief executive Of the
state 90 take an interest and 90 take
part u would be an abuurdity 10 de-
clare that the chief executive % the
state who had appointed the Public
Service Commission. and whose al.
.ministration would receive. credit or
.diacrcdlt. from the pcrforrgance Of
duty. not only BY members 81 the
commission. but BY all their subordi-
mates. could not discharge subordi-
nate who he thought was dorolict IN
his work. or not attending 10 bis bust
ness.
The Master however. seemed to
think that there was no authority for
the chief executive to DISCHARGE an
employee Of the Public Service Com.
mission. ruled that the evidence could
be- received
Miss Irene Dick was recalled and
confirmed the circumstance Of Uar-
llr'f dismissal
C. o. Hetzeil a clerk in the audi