The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-02-22
Appointive State Officers
Now Protected by Ten
ure Law.
NO SUMMARY Removals
Summary of the Provisions
of Special Session Leg
islation.
CBy Associated Press)

Vi
CHARLESTON, w. Va, Feb. 3d..
Beginning with today, the acts OF the
extraordinary session of the West vir.
GINA legislature Of 1916 go into effect.
The first Of the seven bills was passed
four days later. The subjects OF tho
measures follow:
/ Relating to removal Of state appoin-
tive officers whose terms are fixed by
law; relating to contests of election
of state elective officers; relating to
the method Of giving notice OF contests
of election of state elective officers;
relating to removal of state elective
officers during recess Of legislature;
relating to primary elections; relating
to the registration Of voters.
The law in connection with the re
moval OF appolntive officers was the
first to go into effect, becoming op.
erative today while the next three
go into effect tomorrow and the last
two on February 26.
By the new law, any officer by ap.
pointment may be removed by the per
son or persons having the power OF
appointment, for incompetence, me-
elect of duty, gross immortality, NAL
feasance or misfeasance in office.
Where the power of appointment Is
with one person by or with the con
sent of the Sente, the power OF re
moval shall be exercised in like man
ner. Officers appointed by the COVER
nor may be removed by the governor,
during recess of the Legislature; and
the governor shall not remove any
commissioner or member Of the Pub
lie Service commission, member Of the
State Board of Control, member Of
the State Board of Regents, the State
compensation commissioner, the State
tax commissioner, or any member OF
chief of any state institution or OF
any state department or Of any state
agency, whose term Of office is pre-
scribed or fixed by law, except for
incompetency, neglect Of duty, gross
immortality or malfeasance or misfea-
sance in office except in the follow
ing manner:
The charge against any such offic
er shall be reduced to writing and
summons issued by the governor, CON
tanning copy of the charges, the ser
vice to be made at least ten days be-
fore the return day. The governor
shall hear the charges at place des-
ignated by him an upon satisfactory
proof remove the officer. But no such
removal shall be final nor vacancy
exist, If the Supreme Court of Appeals
shall suspend set aside or yacate such
removal.
The governor may invoke the aid
90 4,t NfsaN,. ; II.
evidence and testimony Of witnesses
and the production of papers. Fall
ure to obey the court in this connec
ton is punishable the same as any
other act of contempt of court. When
appeal is taken by the officer to the
supreme court It takes precedence
over other matters before the court,
except contested elections of secre-
tary OF state, auditor, treasurer or 9th
er except the governor, supreme court
or circuit Judge or any pending hear
ing for the removal Of any Of those
officers.
Impeachment against any such Of
ficer involved is provided in anoth-
er section and article OF the state
constitution.
With reference to the contest Of
election Of any state elective offic-
er excep the governor, supreme court
or circuit Judge, the new law provides
that the case shall be heard and de-
cided by special court. The con
testee shall select one. the Contestant
another member of this court and the
governor the third member who shall
preside. This court shall hear evil
dence and certify the finding to the
governor. The members OF the court
shall be entitled to the same pay as
the. members OF the Legislature re-
ceive. Any circuit court may be call
ed upon to compel attendance before
the special court of any witnesses.
Continued on Page 10.l