CHAPTER XV

CONTEMPORARY PLANS LOOKING TOWARD THE UNION OF THE EXECUTIVE AND

LEGISLATIVE POWERS OF STATE GOVERNMENTS

Our state legislatures are now for the most part composed of members

elected from fairly wieldy districts. Governmental changes then which

look toward the application of the principles of commission government

to the state, as outlined in the preceding chapter, have to do

principally with the union of the executive and legislative powers.

Several recent proposals for changes, coming from Illinois, Wisconsin,

Kansas, and Oregon, indicate that legislators, governors, and political

scientists with practical experience have concluded that the executive

and legislative powers must be brought nearer together. The interesting

fact, however, is that no plans have been suggested by which the

legislature is to absorb the control of the executive power by placing

it in the hands of the leaders of a majority of the legislature. On

the contrary, the proposals for bringing the executive and legislature

nearer together have, with one exception, been along the line of

conferring upon the executive greater power to control and coerce the

legislature.

The Illinois House of Representatives at its 1913 session adopted

a rule for which Representative Morton D. Hull was responsible. It

provided as follows:

When any bill or resolution is introduced for the purpose of

carrying into effect any recommendation of the governor, it may by

executive message addressed to the speaker of the house be made

an administration measure. An administration measure may be sent

to the appropriate committee, or it shall, upon request of its

introducer, be sent to committee of the whole house. When such a

measure has been reported out of committee, it shall have precedence

in the consideration of the house over all other measures except

appropriation bills. The house shall sit in committee of the whole

for the consideration of administration measures on Tuesday morning

immediately after the reading of the house journal.

This rule very plainly brings the executive and the legislature nearer

together. It does so, however, only by conferring upon the governor

an important privilege which enables him to advance his legislative

program.

The proposed amendment to the Wisconsin constitution providing for an

initiative by the electorate at large for legislation[18] gives to

the governor a practical method of coercing or “steam-rollering” the

opposition of a hostile legislature. It provides for the submission to

the electorate at large of any bill introduced into the legislature

any time within the first thirty days of the session. This enables the

governor to present all administration bills to the legislature and if

they fail of passage he may then present them for enactment into law by

the electorate at large. This is giving the governor power to promote

and control legislation to a very great degree.

Governor Hodges of Kansas in his message to the legislature of March

10, 1913, in terms advocated the adoption of the commission plan

of government for the state. As there outlined, the details of the

plan were somewhat vague. It consisted apparently of a unicameral

legislature containing one or two members from each of the eight

congressional districts of the state, with terms of from four to

six years. This legislative commission was to be in session as the

exigencies of the public business demanded. The governor was to

be ex officio a member and presiding officer of the commission or

legislative assembly. We observe here no other union of the executive

and legislative powers than occurs in a city government like that

of Chicago, where the mayor is elected at large and vested with the

executive power and presides over a unicameral council of comparatively

few members exercising the municipal legislative power. Governor

Hodges’ suggestion would vest more power in the state executive than

he now has, by reason of his being the presiding officer of the

legislative body. Apart from this, it does not go farther than to

propose a reduction in the size of the legislature. But even that

part of the plan may be open to the objection that it violates the

fundamental principle of the selection of representatives from wieldy

geographical districts or by wieldy “quotas.” On the whole, Governor

Hodges’ plan would seem to be one which, like the Hull rule in Illinois

and the Wisconsin provision for an initiative, increased the power of

the executive elected at large and diminished the importance and power

of the representatives of the electorate.

The latest plans of the People’s Power League of Oregon are set out in

detail in certain constitutional amendments which are to be submitted

to the people upon a referendum.[19]

We notice first of all a concentration of executive power in the

governor by reason of the fact that he appoints his cabinet consisting

of an attorney-general, a secretary of state, a treasurer, a printer,

a superintendent of public instruction, a secretary of labor, a

state business manager, and such others as may be provided by law.

He appoints also all sheriffs and district attorneys throughout the

state. These local officers, however, are subject to a recall by

the electorate. The powers and duties of all state commissions are

consolidated and vested in the governor and become a part of the

executive powers and functions, excepting the rail-road commission,

the members of which are, however, appointed by the governor. The

governor’s power is further increased by giving to him and his cabinet

officers seats in a unicameral legislature. It is made the duty of the

governor to introduce all bills for appropriating money. While the

legislature may reduce the amount of appropriations, it cannot increase

them without the consent of the governor. The general veto power of

the governor is taken away, but he would still seem to have power by

promoting a referendum, to appeal to the electorate to override the

legislature.[20]

The single-chamber legislature is to consist of 60 members not less

than 2 of whom are elected from each district containing approximately

as many sixtieths of the population as there are members to be elected

from the district. The voter in no case is permitted to vote for more

than one candidate. Hence each party would be expected to put up as

many candidates as it estimated its strength to be in sixtieths of

the population. The result is bound to be a minority representation,

if there be any substantial minority. To obviate the minority having

as much power as the majority each member elected casts as many votes

in the legislature as there are voters who cast their ballots for

him. The unsuccessful candidate for governor who receives the highest

number of votes in his party is made a member of the legislature with a

voting strength equal to the number of votes cast for the unsuccessful

candidates of his party for places in the legislature. One might

hazard the guess that a legislature so precisely representing the

voting strength of all factions and parties was peculiarly liable to

legislative deadlocks which would again vastly increase the opportunity

of power in a governor who, with his cabinet, had places in the

legislative body and who possessed a vast power over appropriations.

On the whole these new plans from Oregon tend in the direction of

magnifying a one-man-executive power at the expense of the legislature

rather than the increasing of the power of the legislature by giving to

its leaders the control of the executive power.

At the 1913 session of the Illinois legislature there was introduced

by Senator Logan Hay a bill to establish what is now known as the Hay

plan for a legislative commission. It provided for a joint legislative

commission to consist of the governor, who was made ex officio chairman

of the committee, the lieutenant-governor, the speaker, the chairmen of

the committees on appropriations and judiciary of the Senate and the

House, and five other senators and five other representatives, selected

as other committees were, viz., in the senate by the resolution of that

body, in the House by the speaker. The governor, lieutenant-governor,

and speaker were to serve on the committee during their term of

office and the other members till the convening of the next General

Assembly after their appointment. The commission was to be in session

from the commencement of one regular session of the legislature to

the commencement of the next. It was given power to prepare and

bring forward a complete legislative program, including a budget of

appropriations for the coming legislative session, and to establish

a legislative reference bureau. It was given power to investigate

the administration of any department of the state government and the

expenditure of any appropriation made by the General Assembly. Such a

plan was admirably designed to increase the power of the legislature

by centralizing in its leaders power and authority to present a

comprehensive and matured program before the legislature convened. At

the same time it conferred no additional power over legislation upon

the governor. On the contrary, it, in a mild way, actually attempted to

secure additional control over the executive power. The mere existence

of a standing legislative commission composed of the leaders of the

legislature, with power at any time to _investigate the administration

of any department of the state government_ or the expenditure of any

money appropriated, was a continuing menace to the present executive

isolation and irresponsibility.

The plan evidently met with determined opposition from the executive,

for in the House it was amended so as to provide four members from

the Senate and House instead of five, and these were to be _appointed

by the governor_. The power of investigation by the commission was

restricted to such as it was called upon to make by the governor, the

General Assembly, or either house, and the power to investigate the

administration of any department of the state government was entirely

omitted. In this form the bill became one which would vastly increase

the governor’s power by delivering into his hands the authority of the

commission and giving him recognized administration members of the

legislature. A deadlock ensued between the House and the Senate, and

the bill as finally passed contained a provision only for establishing

a legislative reference bureau. In the contest over the original plan

and the house modifications we have a clear-cut recognition of the

necessity of bringing the governor and the legislature nearer together.

We also have presented a sharp dispute as to whether the governor

shall have added to his power further authority over the promotion

of legislation or whether the legislature shall increase its power

by organization, and at the same time secure some control, if not an

actual domination, over the executive power.

It is rather startling that in all the above proposals which look

toward the closer relation of the executive and legislative powers we

should find a strong tendency toward the increasing of the power of the

single executive by giving him greater control over the legislative

power. Historically the effort has constantly been to break down the

power of the single executive. True, the executive in such cases was

not subject to the electorate at frequent intervals. But frequent

elections may not protect the governed from a vast number of errors

of judgment and smaller tyrannies, executive oppression and bad

appointments, which do not become a matter of general knowledge or make

a considerable issue before the electorate. Good executive government

in the sense of one which is just and fair, well balanced, seeking

improvements, and acting conscientiously in lesser affairs, comes more

certainly from a small committee of experienced leaders than from a

single man. The exchange of views by such a body and the reaction of

one member upon another has a value which cannot be estimated. The

single executive on the other hand is likely to have no fixed set of

responsible advisers. He is too frequently swayed by the advice of the

last man who reaches his ear.

In making constitutions it is quite as easy to unite the executive

and legislative powers by giving the control of the executive power

to a majority of the legislature as it is to hand the control of the

legislative power over to the single executive. From the point of view

of expediency there is much to be said of the plan which places the

control of the executive power in the hands of the legislature.

FOOTNOTES:

[18] Joint resolution 4A, introduced June 16, 1913.

[19] These were furnished to the author by Mr. U. S. U’Ren of Oregon

City, Oregon. One is in the form of a letter dated December 28, 1911,

asking for criticisms on the draft of constitutional changes. The

other is in the form of an initiative petition for the submission of

particular constitutional amendments (being a part of the entire plan

of changes) for adoption by the electorate.

[20] “The power of the governor to promote initiative and referendum

petitions is not, however, increased by the suggested amendment. He

has now the same rights in this as a private citizen but no official

powers” (comment of U. S. U’Ren).

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