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?