CHAPTER XIII.

THE EXECUTIVE BRANCH.

Officers.--The chief executive office in every state is that of governor.

There is in each a secretary of state and a state treasurer. Most states

have also a lieutenant governor, a state auditor or comptroller, an

attorney general, and a state superintendent of public instruction. In

nearly every case these offices are created by the state constitution.

Eligibility.--The qualifications required in the governor and lieutenant

governor are age, citizenship of the United States, and residence within

the State. The age qualification is required because the responsibilities

are so great as to demand the maturity of judgment that comes only with

years. The requirement of citizenship and that of residence are so

obviously proper as to need no comment.

For the other offices the qualifications required in most states are

simply those required in a voter. [Footnote: For which see page 298.]

Election.--In every state the governor is elected by the people, and in

most states the other officers are also. In a few states, some of the

officers are chosen by the legislature on joint ballot, or are appointed

by the governor and confirmed by the senate.

Term.--The terms of office of the governors are given in the table. Unless

otherwise stated, the term of the other officers in each state is the same

as that of the governor thereof. For the highest efficiency the term of a

state officer should not be very short, two years being better than one,

and four years better than two. When the term is four years, it may be

well to limit the number of terms for which an officer may be elected. In

some cases this is done.

Removal.--These officers and the others provided by statute may be removed

on impeachment by the house of representatives, and conviction by the

senate.

Vacancy.--For the office of governor there is in every state a line of

succession appointed in its constitution. By reference to the comparative

table, it will be seen that there is considerable uniformity in the order

of succession. In case of a vacancy in any of the other elective offices,

the most usual plan is for the governor to make a temporary appointment

until a new election can be held. For an appointive office, the

appointment is usually good until the end of the next legislature or for

the remainder of the term.

Salary.-The salary attached to each office is usually fixed by law,

subject to the constitutional limitation that it shall not be increased

nor diminished during the term of the incumbent. See page 294.

The Duties of the Officers.

Governor.--The great, the characteristic duty of the governor is to see

that the laws are faithfully executed. Since this may sometimes require

force, he is made by the constitution commander-in-chief of the military

forces of the state, and may call out these forces to execute the laws,

suppress insurrection, or repel invasion.

He appoints, "by and with the advice and consent of the senate," most of

the important state officers and boards, as provided by law. The advice of

the senate is rarely if ever asked. But its consent must be obtained to

make any such appointment valid.

As his duties continue through the year and have to do with the whole

state, and as he may require the opinion, in writing, of the principal

officer in each of the executive departments upon any subject pertaining

to the duties of their respective offices, he is supposed to know more

than any other person about the situation and needs of the state as a

whole; and it is, therefore, made his duty to communicate by message to

each session of the legislature such information touching the affairs of

the state as he deems expedient. The regular message is sent at the

opening of the legislative session, and special messages at any time

during the session as they seem to be needed. On extraordinary occasions

he may convene the legislature in extra session.

To place another obstruction in the way of hasty legislation, the governor

(except in Delaware, North Carolina, Ohio, and Rhode Island) has a limited

veto. [Footnote: See comments on the president's veto, page 150.]

In the administration of justice mistakes are some times made. An innocent

person may be found guilty, or a guilty person may be sentenced too

severely, mitigating circumstances appearing after sentence is passed. For

these and other reasons, there should be power somewhere to grant

reprieves, commutations, and pardons. In most of the states this power is

vested in the governor. It does not, for obvious reasons, extend to cases

of impeachment. Many thoughtful people, including some governors and

ex-governors, question very seriously the wisdom of this absolute

assignment of the pardoning power. One suggestion by way of limitation is

that no pardon issue except upon recommendation of the judge of the court

in which conviction was wrought.

Lieutenant Governor.--As may be seen by reference to the comparative

table, several of the states have no such officer. The office is designed

simply to save confusion in case of a vacancy in the office of governor,

in which case the lieutenant governor acts as governor during the vacancy.

To give him something to do the lieutenant governor is _ex officio_

president of the senate. [Footnote: In case of a vacancy in this office,

the senate, in most states, chooses one of its own number to act as

president _pro tempore_.] In most of the states, he has no voice in

legislation, except a casting vote in case of a tie. But in some states,

as indicated in the comparative table on page 294, he can debate in

committee of the whole.

State Treasurer.--This officer has duties and responsibilities similar to

those of a county treasurer.

Attorney General.--This officer has two chief duties. He represents the

state in suits at law, and may be called upon to aid county attorneys in

criminal prosecutions. When invited to do so he gives legal advice to the

legislature and to the executive officers, on matters pertaining to their

official duties.

Secretary of State and Auditor.--The county auditor, you remember, has

three general lines of duty: 1. To act as official recorder and custodian

of papers for the county board. 2. To be bookkeeper for the county, and in

connection therewith to audit all claims against the county, and issue

warrants on the county treasurer for their payment. 3. To apportion the

taxes.

The corresponding duties in the state, except recording the acts of the

legislature, which is done by legislative clerks, are in most states

divided between two officers, the secretary of state and the state auditor

or comptroller.

The secretary of state has, as his characteristic duty, the preservation

or custody of state papers, acts of the legislature, etc. He is also

keeper of the great seal of the state, and authenticates state documents,

commissions, etc. Incidentally he has other duties. In some states he

prepares the legislative manual; he sees that the halls are ready for the

sessions of the legislature, calls the house to order at its first

meeting, and presides until a speaker is chosen. He also indexes the laws

and other state documents, and superintends their printing and

distribution. [Footnote: In some states there is a superintendent of

printing.]

The auditor or comptroller is bookkeeper for the state, audits accounts

against it, and draws warrants upon the state treasurer for their payment.

[Footnote: No money can be paid out except on appropriation by the

legislature.] The state auditor, also, comparing the legislative

appropriations with the assessed value of the property of the state,

computes the rate of the state tax and reports it to county auditors.

In some states, Wisconsin, for instance, the duties of both offices are

performed by the secretary of state.

In some states the auditor is _ex officio_ land commissioner. In other

states there is a separate officer to take charge of state lands.

Superintendent of Public Instruction.--This officer has general

supervision and control of the educational interests of the state. He is

often _ex officio_ a member of the board of regents of the state

university, of the board of directors of the state normal schools, and of

the state high school board. He has the appointment and general management

of state teachers' institutes. He meets and counsels with county and city

superintendents. Thus an active, earnest, competent man may influence for

good the schools of all grades throughout the state. He reports to the

legislature at each session, through the governor, the condition and needs

of the schools of the state. In this report he recommends such measures

for the improvement of the educational system of the state as he deems

advisable. In many states he apportions the state school money.

Assistants.--Usually the above officers have assistants appointed by

themselves.

OTHER STATE OFFICERS.

The officers given above are the typical state officers, but every state

has others. Of these the most important are shown in the comparative

tabulation.

Some states provide the governor with a council. This is in most cases

simply an advisory, not an administrative or executive body.

_Some Pertinent Questions._

What are the qualifications required in the governor of this state? The

lieutenant governor? The other officers? The names of the state officers?

The length of their terms? The officers not mentioned in the text, and

their duties? Name the state officers whom you have seen.

Which states require the highest qualifications in the governor? The

lowest? Which give the longest term? The shortest? The highest salary? The

lowest? Which states limit the number of terms? Which have no lieutenant

governor? In which states is a majority vote required? Does there seem to

be any sectional law as to these things; that is, is there anything

peculiar to New England, or to the south, or to the northwest? What seems

to be the general law of succession to the governorship? What exceptions?

What is meant by saying that the governor executes the law? Is this saying

strictly true? Is a sheriff an executive or a judicial officer? The

constable? The mayor of a city? Can an executive officer be sued? A

judicial officer?

How many senators and representatives would it take to pass a bill over

the governor's veto? Have you ever known of its being done? If the

governor should go to Washington on business of the state or on private

business, who would act as governor? How long would he so act? Could he

pardon convicts at that time? Have you ever read a message of the

governor?

If the state superintendent of public instruction wants information on

some point of school law, to whom should he appeal? How much would he have

to pay for the advice? What force would the opinion have? Could he obtain

a legal opinion as to a private matter on the same terms?

If you had a bill against the state, how would you get your pay? If

payment were refused what could you do? (Do not try to answer off-hand.

Ask a lawyer.)

How are the expenses of the state government met? The amount of state

expenses last year? (See report of treasurer.)

What are the sources of the school fund, of this state? Did you ever know

of school lands being sold in your county? By whom, how, and on what

terms?

Name your county superintendent of schools. The state superintendent. Is

there a United States superintendent? Get the report of the state

superintendent and find out what it contains. Ask your teacher to let you

see the teachers' report to the county superintendent. How much state

money did your district receive last year?

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