THE STATE EXECUTIVE
=The Governor; Election and Qualifications.=--Each state has a chief
executive styled a governor, who is charged with the execution of the
laws. In all he is elected by the people. In nearly all, a plurality of
the popular vote is sufficient to elect, but in a few states a majority
is required and if no candidate receives a majority of the popular vote,
either the legislature makes the choice, or a second popular election is
held.
To be eligible to the office of governor, a man must have attained a
certain age, usually thirty years, and generally he must be a citizen of
the United States; in many states he must have been a citizen for a
period ranging from five to twenty years. He is also usually required to
have been a resident of the state for a period ranging from one to ten
years.
=Term.=--The term of the governor in twenty-five states is two years; in
the others it is four years except in New Jersey, where it is three
years. Formerly the term was one year in several states, but by 1920 all
of them had changed it to two years. A one-year term seems to have
little to recommend it, for experience is as necessary for the
successful administration of public affairs as for the conduct of
private business, and familiarity with the duties of an office of such
importance cannot be acquired in so short a time. However, where the
one-year term prevailed, it was customary to reëlect the governor to a
second term. In a number of states, the governor is ineligible to two
successive terms, the idea being that if reëligible he would make use of
his official power to secure his reëlection. A few state constitutions
wisely provide that he may hold office until his successor has
qualified, and thus the danger of a vacancy is obviated.
=Salary.=--The salary of the governor is everywhere comparatively small,
though in recent years the tendency has been to increase it. In three
fourths of the states now the salary is $5,000 per year or more. In
California, Massachusetts, New Jersey, New York, Ohio, and Pennsylvania,
it is $10,000 per year, and in Illinois it is $12,000. The smallest
salary is $2,500 per year, which is the amount allowed in Nebraska.
Frequently the state provides the governor with a residence styled the
"executive mansion." A contingent fund out of which to meet the expense
of emergencies in the execution of laws is usually placed at his
disposal, but this fund cannot be used for private purposes. Some
governors, however, have not been very careful to distinguish between
private and official purposes, and not infrequently the use made of this
fund has been the subject of legislative investigation and of popular
criticism.
=Organization of the Executive Department.=--The organization of the
executive department of the state government is different in one
important respect from that of the executive department of the United
States. In the national government the responsibility for the
administration of executive affairs is concentrated in the hands of the
President, and the heads of the various departments are all his
appointees; they are responsible directly to him for the discharge of
their duties, are, within the limits of the law, subject to his
direction, and may be removed by him for any reason which to him may
seem expedient. The executive power of the state, on the contrary,
instead of being concentrated in the hands of the governor, is really
divided between him and a number of other state officers, who are
generally elected by the people and over whom he has little or no
control. They are, in short, his colleagues rather than his
subordinates. This method of organizing the executive power has justly
been criticized on the ground that it introduces a division of
responsibility and lack of co-ordination in the state administration.
Thus, although the governor is charged with the execution of the laws,
he usually has no power to direct the attorney-general to institute
proceedings against a person or corporation for violating the law, as
the President of the United States might do in a similar case. Again, he
may have reason to believe that the state treasurer is a defaulter, but
in most of the states he has no power to examine into the affairs of the
treasurer's office, or to remove him from office. And so with the other
principal officers that collectively make up the executive department.
The responsibility of these officials is usually to the people alone,
and responsibility in such cases cannot always be enforced, for they are
elected for specific terms and cannot be removed before the expiration
of their terms, except by the cumbersome method of impeachment.
_The Lieutenant Governor._--In about two thirds of the states there are
lieutenant governors chosen for the same time and in the same manner as
the governor. About the only duty of this official is to preside over
the deliberations of the senate. In case of a vacancy in the office of
governor on account of death, resignation, or removal, or in case of his
absence from the state, the lieutenant governor performs the duties of
the office for the time being.
_Executive Councils._--Three of the New England states (Massachusetts,
Maine, and New Hampshire) have executive councils--survivals of
colonial days--which share the executive power with the governor to a
considerable extent. Their consent is necessary to the validity of many
of his acts, such as the making of appointments, the granting of
pardons, and the like. A modified form of the executive council is found
in a few other states.
=Other Executive Officers.=--Besides the governor, who is the chief
executive, there are in every state a number of state officers each in
charge of a particular branch of the administrative service.
_Secretary of State._--The first of these in rank is the secretary of
state, who is the custodian of the state archives and of the great seal
of the state; has charge of the publication and preservation of the
laws; countersigns the proclamations and commissions issued by the
governor and keeps a record of them; issues certificates of
incorporation to companies incorporated under the laws of the state; and
discharges other miscellaneous duties which vary in the different
states. He is elected by the people in all the states except a very few
where he is either appointed by the governor or chosen by the
legislature.
_The Treasurer_ of the state, as the name indicates, is the keeper of
the public moneys, such as taxes, trust funds, and the like, and upon
warrants issued by the auditor or other proper authority, he pays out
money appropriated by the legislature. Everywhere he is elected by the
people, usually for a short term, and is required to give a heavy bond
so as to insure the state against loss in case of his carelessness or
dishonesty. He is generally paid a salary, which is increased in some
cases by the practice of treasurers depositing the state's money in
banks from which they receive interest. The treasurer of a certain
Western state received thousands of dollars a year in this way, until
the legislature passed a law requiring him to turn into the state
treasury all moneys received in the form of interest on state deposits.
_Auditor._--Another financial officer found in all the states is the
auditor or comptroller, whose duties, in general, are to audit the
accounts of the state and issue warrants upon the treasurer for the
payment of moneys which have been appropriated by the legislature. A
warrant issued by the auditor is the treasurer's authority for paying
money out of the treasury, and without such an order he has no lawful
right to make a disbursement. Other duties of a miscellaneous character
are imposed upon auditors in the different states.
_Superintendent of Education._--Another important official is the
superintendent or commissioner of public education, who has charge of
the larger educational interests of the state. He supervises the
administration of the school laws, distributes the school fund among the
local districts, makes rules and regulations in regard to the holding of
teachers' institutes, makes reports to the legislature concerning the
educational conditions and needs of the state, and is frequently a
member of the state board of education and of the boards of trustees of
the state educational institutions.
_Other Officers._--Besides the officials mentioned above, there are a
multitude of other officers and employees in the larger states, such as
the commissioner of agriculture, the commissioner of immigration, the
commissioner of labor, state engineer, railroad commissioners,
superintendent of public works, state printer, factory inspectors, pure
food and dairy commissioners, state architect, land commissioner, mine
inspectors, superintendents of insurance, and many others too numerous
to mention. Of course, not every state has all these, but some of the
more populous ones such as New York and Massachusetts have most of them
and others in addition.
=The Governor's Powers.=--The powers and duties of governor may be
roughly grouped into four classes: (1) his share in the making of the
laws; (2) his power to execute the laws and administer the affairs of
government; (3) his military power; and (4) his power to grant pardons
for violations of the laws.
=Legislative Powers.=--_Power to Call Extra Sessions._--Everywhere he is
empowered to call the legislature together in extraordinary session. He
uses this power in case of emergencies, and also to secure the enactment
of needed legislation which has been overlooked or neglected by the
legislature at the regular session. In New York recently, when the
legislature adjourned without enacting a promised law against race track
gambling, the legislature was summoned in extraordinary session and
executive pressure and public opinion were brought to bear upon it to
compel the enactment of the law. Sometimes a great catastrophe occurs
when the legislature is not in session; for example, the California
earthquake, the Cherry mine disaster in Illinois, and the Galveston
storm, each of which required the immediate attention of the
legislature. In order to prevent the legislature when in extraordinary
session from taking action for which there is really no need, the
constitutions of most states forbid it to consider any subjects not
submitted to it by the governor; and in some states the length of an
extra session is limited to thirty or sixty days.
[Illustration: LABORATORY FOR TESTING FOODS]
[Illustration: ROAD MAKING, VIRGINIA]
_The Executive Message._--The governor is generally required to give the
legislature information concerning the affairs of the state and to
recommend the enactment of such laws as in his judgment the public good
requires, the idea being that he is more familiar than any one else with
the defects of the existing laws and with the legislative needs of
the state. This information, with the accompanying recommendations, is
communicated to the legislature in a message at the beginning of the
session,[13] and is often followed by special messages from time to time
recommending consideration of particular matters that may arise in the
course of the session. The weight which the recommendations of the
governor have with the legislature depends, of course, upon his
influence with the members and his standing with the people. If he
belongs to the same political party which is in control of the
legislature, and the party is not divided, or if he is especially
aggressive and is backed by a strong public opinion throughout the
state, his recommendations carry more weight than they would under
opposite conditions.
[13] The constitution of Illinois requires the governor to transmit a
message to the legislature also at the end of his term, summing up the
condition of affairs of the state at the time.
_The Veto Power._--Finally, in every state except North Carolina the
governor has the power to veto bills passed by the legislature. Owing to
fear of executive tyranny, the veto power was generally withheld from
governors for a considerable time after the Revolution; in fact, in only
two states (Massachusetts and New Hampshire) was this power granted to
the governor before the close of the eighteenth century. The worst fears
of executive tyranny, however, proved to be without foundation, and the
advantage of vesting in the hands of the governor the power to correct
the mistakes of the legislature by refusing to approve objectionable
laws soon came to be generally appreciated. Under the interpretation of
the veto power the governor may refuse to sign a bill either because, in
his judgment, it is inconsistent with the constitution which he has
sworn to support, or because he thinks it unwise or inexpedient, in
either case his judgment being conclusive. But manifestly, an absolute
veto is too great a power to intrust to a single person, however wise he
may be. The constitutions of all the states, accordingly, empower the
legislature to override the veto of the governor by repassing the vetoed
bill, in which case it goes into effect notwithstanding the executive
objection. To do this, however, a majority of two thirds or three fifths
of the members of the legislature is usually necessary, the idea being
that the judgment of so large a proportion of the legislature ought to
be allowed to prevail over that of the governor in case of a difference
of opinion. In the few remaining states a bare majority of the members
of the legislature may override the executive veto, though not
infrequently the statement of objections by the governor in his veto
message serves to convince some of those who voted for the vetoed bill
that it is unwise, and thus the veto will be sustained. When a bill is
presented to the governor for his signature he is allowed a period
ranging from three to ten days in which to consider it before taking
action. A subject of criticism in some states is the practice of the
legislature of delaying final action on many bills until the last days
of the session and then sending them all at once to the governor so that
the time allowed him for considering their merits is necessarily too
short.
A wise provision found in the constitutions of about thirty states is
one which allows the governor to veto particular items in appropriation
bills. Thus if the legislature passes a bill carrying appropriations for
a variety of objects, some worthy and others objectionable, the governor
is not under the necessity of approving or rejecting the bill as a
whole, but may approve the desirable portions and veto the others. In
this way wasteful and objectionable appropriations of the public funds
may be prevented without inconvenience. In a few states the governor may
also veto particular sections of other bills.
=Executive and Administrative Powers of the Governor.=--The governor is
generally charged by the constitution with taking care that the laws are
faithfully executed, though, as already stated, the executive power is
really divided between him and a number of colleagues.
_Power over State Officers._--He generally has a certain power of
oversight over the other principal state officers, but little power of
control over them. There is a tendency, however, to enlarge his power in
this respect.[14] Several constitutions, for example, empower him to
require reports from the principal officers, and in some states he is
given the right to examine into the condition of the treasurer's and
comptroller's offices and under certain conditions to remove the
incumbent from office. In a very few states, also, the governor may
remove sheriffs or mayors for negligence or abuse of power in the
enforcement of the state laws.
[14] By an important act passed in Illinois in 1917 a large number
of bureaus and commissions were consolidated and placed under the
authority of departmental heads appointed by the governor, who has
a large power of control over them. A number of other states have
since done likewise.
_Power of Appointment._--The governor's principal executive power
consists of the right to appoint certain officers and boards, and
sometimes to remove them, subject to certain restrictions. In the early
days of our history, many of the state officers were chosen by the
legislature, but with the growth of the democratic spirit the selection
of these officials was taken from the legislature and they were made
elective by the people. In a very few states the legislature still
retains a considerable power of appointment. In most states, however,
the governor appoints all officers not elected by the people. In a few
states he appoints the judges; in half a dozen or more he appoints
several of the principal state officers, such as the secretary of state
and the attorney-general, and in most of them he appoints some of the
important administrative officers and the members of various boards and
commissions. In New York, for example, he appoints the superintendent of
insurance and banking, the members of the two public service
commissions, the superintendent of public works, the commissioner of
agriculture, the commissioner of health, and other important officials.
In some states he appoints the railroad commissioners, the trustees of
public institutions, members of the state board of health, the members
of various examining boards, pure food commissioners, factory
inspectors, game commissioners, mining inspectors, and so on. As
compared with the President of the United States, his power of
appointment, however, is very small. Moreover, his power to appoint is
usually limited by the condition that his nominations must be approved
by the senate or the executive council where there is such a body.
_Power of Removal._--The governor can usually remove the officials whom
he appoints, but rarely any others. But the power of removal must exist
somewhere, because it would be intolerable to have to retain in the
public service men who are dishonest, incapable, or otherwise unfit. The
other methods of removal provided are impeachment, removal by resolution
of the legislature, and occasionally removal by the courts. Removal by
impeachment takes place by the preferment of a charge by the lower house
of the legislature and trial by the upper house. This method, however,
is cumbersome and is rarely resorted to--never in the case of minor
officials. Removal by resolution of the legislature is sometimes
employed for getting rid of unfit or corrupt judges. In several states,
the method of recall has been instituted, by which, on petition of 25
per cent of the voters, the officer must submit his case to the voters,
and if a majority of them pronounce in favor of his recall, he must
retire.
=The Military Powers of the Governor.=--In every state the governor is
commander in chief of the military forces of the state and also of the
naval forces where there are any--a power which means little in times of
peace. Whenever there are riots or serious disturbances, however, this
power becomes important. When the disturbance is too great to be
suppressed by the local authorities, the governor may order out a
portion of the militia and may, if he elects, take charge of it himself.
There are few states where the governor has not at some time or another
been compelled to make use of this power. Mobs sometimes break into
jails and take out prisoners and lynch them; and sometimes strike riots
occur in mining or manufacturing communities, in which cases the
governor may be called upon to send troops to the scene of the
disturbance and keep them there until quiet and order have been
restored.
_Power to Suspend the Writ of Habeas Corpus._--A usual part of the
governor's military power is the right to suspend the writ of habeas
corpus in communities where great disorders prevail, that is, to suspend
the power of the courts to release prisoners charged with violations of
the law, thus leaving unhampered the power of the military authorities
to restrain persons they may imprison. This power, however, is one which
might be grossly abused; therefore many state constitutions forbid the
suspension of the writ except under extraordinary conditions, and a
few, indeed, permit it to be suspended only by the legislature.
_The Military Forces of the State_ consist usually of a number of
regiments of citizen soldiers, who are organized, uniformed, and
officered after the manner of the regular army of the United States, who
attend an annual encampment for purposes of drill and practice, and who
must always be ready to respond to the call of the governor. At the head
of the state militia is an officer called the adjutant general, through
whom the military orders of the government are issued and carried out.
The governor also has a military staff which accompanies him on
occasions of ceremony such as the inauguration of the President of the
United States, grand army reviews, and the like.
=The Pardoning Power.=--In every state the governor is vested with the
power of pardoning offenders against the laws of the state, but in most
states the exercise of the power is subject to restrictions. The purpose
of vesting this power in the governor is to make it possible to correct
the errors of courts and juries, as where subsequent to the conviction
evidence is brought to light showing that the person convicted is
innocent, and has been wrongfully convicted, or where it becomes evident
before the full penalty has been paid that the offender has been
sufficiently punished and should be released.
In many states boards of pardon have been provided for sharing with the
governor the responsibility for the exercise of this important
prerogative.[15] These boards are of two kinds: first, those whose powers
are limited to the hearing of applications for pardons and the making of
recommendations to the governor, who is not bound by their advice; and
second, those whose approval is necessary for the validity of any pardon
granted by him. Convictions for treason and in impeachment cases are
frequently excepted from the list of cases in which the governor may
grant pardons, though in the case of treason he is sometimes given the
power to suspend the execution of the sentence to await the action of
the legislature. In a number of states notice of an application for a
pardon must be published in the community where the applicant was
convicted, in order that the people of the community who have been
injured by his crime may have an opportunity to protest against the
granting of a pardon to him. Sometimes also the approval of the
presiding judge of the court in which the criminal was convicted is
necessary before a pardon may be granted. It is usual to require the
governor to make a report to the legislature at each session of all
pardons granted, and at the same time give the reason in each case why a
pardon was issued.
[15] In several states certain of the state officers, one of whom is
the attorney-general, serve as the pardon board; in others, it is the
senate; and in Massachusetts and Maine it is the executive council.
Generally with the right of pardon is included the power to grant
reprieves, that is, stays of execution; commutations, that is, the
substitution of a lesser punishment in the place of the one imposed; and
remission of fines and forfeitures. The right also usually includes the
power of amnesty or the power of granting by proclamation pardons to
large numbers of persons, as in the case of uprisings or insurrections
against the laws and authority of the state. A pardon may be absolute or
conditional; in the first case, it is granted without restriction; in
the second case, it is valid only on certain conditions, as where the
offender is required to lead an upright life or where he is required to
leave the state. Generally the governor of the state, unlike the
President of the United States, has no power to grant a pardon to an
individual offender before he has been convicted.
=State Boards and Commissions.=--One of the remarkable political
tendencies of recent years has been the multiplication of boards and
commissions to aid in the government of the states. Every state now has
a number of such boards, and in some of the populous commonwealths such
as New York and Massachusetts there are upwards of a hundred of them.
Hardly a legislative session passes that does not create one or two
commissions for some purpose or other. These boards or commissions fall
roughly into five classes, as follows:
First, many of these boards are of an industrial character, such as
boards of agriculture, food and dairy commissions, live stock, fish, and
mining commissions, and the like. In general their purpose is to promote
the agricultural, mining, and industrial interests, generally, of the
state, through the collection and dissemination of information
concerning the best method of conducting those industries.
A second class of boards are of a more distinctly scientific and
research character, such as boards of health, bureaus of labor and
statistics, geological commissions, forestry boards, and the like.
Although some of these, like the board of health, are charged with the
execution of certain laws, the general purpose of all of them is
scientific research and the collection of data.
A third class of boards are those charged primarily with the supervision
of certain businesses or industries affecting the public interest, and
with the enforcement of the laws relating to such businesses. Such are
the railroad commissions, commissions of insurance, public utility
commissions, commissions of inland fisheries, and the like. In some
instances these commissions not only have power to prescribe rules for
businesses affected with a public interest, but also to fix the rates
which they may charge.
A fourth group of commissions or boards are those charged with examining
applicants for admission to practice certain professions or trades such
as medicine, dentistry, pharmacy, architecture, and plumbing. The
purpose of requiring such examinations is to secure a standard of
efficiency, and to protect society against quacks.
A fifth class includes those which have supervision over the public
institutions of the state, educational, penal, reformatory, charitable,
etc. In recent years there has been a marked tendency to consolidate
boards of this class, by putting all the charitable and penal
institutions under the control of a single board, or under two boards,
one for charitable and the other for penal institutions. In a few states
all the higher educational institutions are under one board.
Members of all these classes of boards are usually appointed by the
governor, though occasionally a board is made up of members chosen by
popular election.
_State Administrative Reorganization._--In 1917 a more systematic
organization of state administration was established in Illinois. Nine
main departments were established, each under a director, in place of a
large number of former offices, boards, and commissions. Similar
reorganizations have since taken place in a number of other states.
=The State Civil Service System.=--The number of persons necessary to
carry on the state government in its various branches is very large. In
order to provide a method by which subordinate employees can be selected
with regard to their fitness rather than with reference to their party
services, New York, Massachusetts, Illinois, Wisconsin, and other states
have enacted civil service laws establishing the merit system of
appointment.
The recent civil service laws provide, in general, for the
classification of all positions other than those filled by popular
election, by executive appointment, or by legislative choice, and for
appointment to these positions only after an examination of the
candidates. Generally, those who pass the examination successfully are
placed on an eligible list in the order of the grades which they
receive, and when an office is to be filled, the appointing officer is
required to make his choice from the three candidates highest on the
list. For the filling of certain positions requiring technical skill,
special non-competitive examinations are given and less consideration is
given to academic qualifications. Certain positions are not placed under
the civil service rules, and the appointing authority is allowed to make
his choice without the necessity of examinations. Such are the positions
of private secretary, chief clerk, and other employees who occupy a
confidential relation to the heads of departments.
The chief advantage of the examination system of filling civil service
positions is that it eliminates the evils of the spoils system and
places the public service on a merit basis. It must be admitted,
however, that the system is not perfect, because fitness for the
performance of administrative duties cannot always be determined by
examinations. Nevertheless, it is much better than the old method known
as the "spoils system," under which appointments were made for party
services; and it will in time, no doubt, be adopted in all the states.
=References.=--BEARD, American Government and Politics, ch. xxiv.
BRADFORD, Lessons of Popular Government, vol. ii, ch. 32. BRYCE,
The American Commonwealth (abridged edition), ch. xl. DEALEY, Our
State Constitutions, ch. v. FINLEY and SANDERSON, The American
Executive and Executive Methods, chs. iii, vi, vii, viii, ix. HART,
Actual Government, ch. viii.
=Documentary and Illustrative Material.=--1. The legislative manual
of the state. 2. Copies of the governor's inaugural address,
messages to the legislature, veto messages, public proclamations,
etc. 3. Copy of the revised statutes (chapter on the executive
department). 4. Reports of the state officers to the governor.
RESEARCH QUESTIONS
1. What is the term of the governor of your state? the salary? Do you
think the salary is adequate? What are the governor's qualifications?
Compare the provisions of the present constitution with those of
previous constitutions in regard to these matters. Is the governor
eligible to succeed himself? Is it customary to reëlect the governor in
your state? What, in your opinion, are the relative merits of a one-year
term and a four-year term for the governor?
2. Suppose a question should arise as to who was really elected
governor, what authority would determine the matter? Are there any
circumstances under which the legislature may elect the governor? Is the
governor of your state required to vacate his office immediately at the
expiration of his term, or is he allowed to hold over until his
successor has qualified?
3. Make a list of the names of the men who have held the office of
governor of your state, indicating the years they served and the
political parties to which they belonged. (This information can be
obtained from the blue book or legislative manual or from some history
of the state.)
4. Does the constitution of your state provide for a lieutenant
governor? In general, what has been the type of men elected to this
office?
5. Make a list (from the blue book) of the offices in your state that
are filled by appointment by the governor. Do you think the appointive
power of the governor ought to be enlarged? Mention some offices now
filled by popular election which, in your opinion, should be filled by
executive appointment.
6. May the governor of your state remove officers appointed by him? If
so, under what conditions? May he remove any officers elected by the
people? If he finds that the treasurer of the state has misappropriated
a large amount of state money, can he remove him? May the governor of
the state remove any local officers? Thus if the sheriff should allow a
prisoner in his custody to be lynched by a mob or the mayor of a city
should refuse to execute a state prohibition law, may the governor
suspend or remove such officers for neglect of duty? If not, are there
any means of punishing the negligent officer?
7. What were the principal recommendations in the message of the
governor to the legislature at its last session?
8. May the governor of your state veto particular items in appropriation
bills? May he sign a bill after the adjournment of the legislature? May
he veto a bill upon grounds of public policy as well as upon grounds of
unconstitutionality? How many bills were vetoed by the governor at the
last session?
9. Is there a civil service law in your state? If so, to what offices
and employments does it apply? How are appointments made under the law?
10. For what purposes and under what circumstances may the governor use
the military forces in your state? Have there been any instances
recently in which the militia was ordered out? What is meant by the
governor's "staff"? Find out from the blue book how many regiments of
the national guard there are in your state.
11. Are there any restrictions on the power of the governor to grant
pardons? May he also grant reprieves and commutations? May he remit
fines and forfeitures? May he grant amnesties? Is there a pardon board
in your state? If so, how is it constituted and what are its powers? How
many pardons have been granted by the present governor?
12. May the courts control the governor by issuing writs to compel him
to do his duty or to restrain him from doing certain things? May he be
arrested for wrongdoing? May he be compelled to give testimony in the
courts? If not, why not? Is there any way by which an unworthy governor
may be put out of office before the expiration of his term? Describe the
procedure by which this is done.