4 What provision does the constitution make in respect to the number of senators? In what manner are the senators apportioned to the cities and counties? What provision is made in respect to the number of representatives? How are they apportioned to the cities and counties? Is there any question as to the fairness of this method of apportionment in this State? If the method is unjust how may a remedy be found?

5. Describe the manner in which each of the houses is called to order and organized on the first day of a session. What constitutes a quorum in each house? How may a person who is disorderly or disrespectful in the presence of the senate or the lower house be punished? Does the legislature sit in secret or in open session?

6. In whose name are the laws of the State enacted? Describe the passage of a bill from the time it is introduced until it becomes a law. To what extent is the initiative and referendum recognized in the constitution of the State?

(In many States the constitution forbids the legislature to pass special laws in reference to certain enumerated subjects, that is, when it passes a law in reference to any one of such subjects the law must operate not upon certain specified individuals or localities, but must be uniform in its operation throughout the State.) Name the subjects upon which the legislature of this State is not, permitted to pass special laws.

8. Describe the process of impeachment in this State. How may a member of the legislature be punished for unfaithful service?

9. What general prohibitions are placed upon the powers of the legislature of this State by the constitution? Does it seem that some of these prohibitions are unreasonable?

10. Bound the senatorial district in which you live and name your State senator.

11. Is the capital of this State conveniently located? How can its location be changed?

12. Discuss fully each of the following sentences: (a) For good or for evil the legislature affects us in almost every relation of daily life. (b) When the people generally condemn their legislators they virtually condemn themselves. (c) We cannot elect able and skilful legislators; we can elect able and prudent men and reëlect them until they become able and skilful legislators. (d) The position of the law-maker is a difficult one, for he must try to promote the interest of his locality and also the general welfare, and these often clash. (e) When we hear that legislators have received bribes a part of our indignation should be hurled against those who have given bribes.

Hints on Reading.-Bryce, Vol. I, 458-472. "Phases of State Legislation," by Roosevelt, in his "American Ideals,'' is profitable reading. Oberholtzer's "Referendum in America" is the best book on the subject of direct legislation.

XXIII

THE STATE EXECUTIVE

The Distribution of Executive Functions. The administration of a State differs considerably from that of the nation. In the administration of the federal government great power is given to the President. He appoints the heads of the departments and, directly or indirectly, almost all subordinate officers. His responsibility is, of course, as great as his power. If the administration of the affairs of the United States is successful the President receives the credit; if it is ill-fated he receives the censure. It is not thus in the State. The execution of the laws of a State is not given to one person or to one body of persons, but is intrusted to various officials and various bodies. The greater part of the public business in a State is administered by local governments, by cities and townships and counties (p. 195). Those laws which pertain to special branches of State administration are distributed to State officers and State boards to be executed, and very often these officers and boards are elected by the people and are not responsible to a higher authority for their conduct. Cases of gross wrong-doing on the part of these high officials, however, may be reached by the legislature through the process of impeachment.

The Executive Departments. The State officers and boards whose duties consist in managing special branches of the State's business constitute the executive department. Since this department is organized according to the particular needs of each State, we are prepared to find it dif

fering in its details in the several States. The outlines of the executive department, nevertheless, are nearly the same in all the States. Every State has a governor (thirtythree States have a lieutenant-governor), a secretary of state and a treasurer; almost every State has a comptroller, or auditor, an attorney-general and a superintendent of education. The length of the terms of service of these officers, the manner of their election or appointment, and their qualifications and salaries are regulated by the constitution or by statute. Their duties, which do not vary widely from State to State, are as follows:

I. The Governor. (1) The first duty of the governor is to take care that the laws are faithfully executed. This may mean much or little. In reference to private law, the law that regulates the relations between man and man, and in reference to the peace and good order of the State, it means much, for the governor is commander-in-chief of the military forces of the State, and he can call upon the soldiers to assist him in enforcing the judgment of a court or in suppressing riots and disorderly proceedings (p. 253). In reference to the laws regulating the business of the special departments it frequently means but little, for, as we have seen, the officers of these departments are often elected independently of the governor and are themselves the authorized executors of the laws relating to their respective departments, and whether they administer the law well or ill the governor has no control over them.

(2) Another duty of the governor is to transmit to the legislature a message, informing it of the condition of affairs within the State and suggesting such legislation as he may deem wise. The legislature, however, is not bound to follow the suggestions made in the message or even to consider them. If the legislature is not in session and the governor thinks certain legislation urgent, he may summon it to meet in extra session and lay before it the measures that demand immediate consideration.

(3) In many States the governor has the pardoning

power which it is his duty to exercise when he thinks a person has been unjustly convicted of crime. His pardon may be absolute or he may commute the punishment. For good reason he may grant reprieves. In a few States the power of pardon, commutation and reprieve is not left to the governor, but is vested in a special body of officers known as the board of pardons.

(4) In every State it is the duty of the governor to appoint many officials whose selection is not otherwise provided for. When an elective official dies or resigns before his term ends the governor fills the vacancy by appointing some one to serve until another election is held. He also fills vacancies occurring among the State's representatives in Congress (12, 17). In a few States the governor may remove officers for misconduct, but this power, as well as that of appointment, is grudgingly given.

(5) It is the duty of the governor to check hasty or corrupt or unwise legislation by interposing his veto. Experience seems to prove that the possession of the veto power enables the governor to exercise a wholesome restraint upon the legislature, and accordingly the veto power is given to him in all the States but four.

(6) The governor performs numerous social duties. He opens fairs, dedicates public buildings, presents diplomas to the graduates of normal schools and colleges, and honors important celebrations and meetings with his presence.

II. The Lieutenant-governor. This officer serves when the governor is out of the State or is incapacitated for duty. He is ex officio president of the Senate, and when a vacancy occurs in the governorship he succeeds to the office. In those States where there is no lieutenant-governor the president of the Senate usually succeeds to the governorship in case of a vacancy.

III. The secretary of state records the official acts of the governor and files the laws passed by the legislature. He has charge of all State papers, of the journals of the legislature, and of the historical documents, statuary, paintings,

relics, etc., owned by the State. This officer may properly be called the chief clerk of the executive department.

IV. The State comptroller or auditor manages the financial business of the State. He prepares plans for the improvement and management of revenue, reports estimates of the revenue and expenditure of the State, and enforces the prompt collection of taxes. He keeps an account of all the money paid into the treasury and all drawn from it. Not a dollar can be taken from the treasury without his order. As a rule it is his duty to see that those charged with the collection of revenue of the State are responsible persons and are properly bonded. In a few States the comptroller serves on one or more State boards.

V. The State treasurer has in his keeping the money paid into the State treasury. His principal duties are to receive the State funds, place them where they will be safe, and pay them out as he is ordered by the comptroller. Like the comptroller, the treasurer sometimes serves upon State boards.

VI. The attorney-general is the law officer of the State. He appears in court for the State in criminal and civil cases, and when any executive officer needs legal advice he may be called upon for an opinion.

VII. The superintendent of public instruction stands at the head of the public-school system of the State. He reports to the governor or to the legislature the condition of educational affairs throughout the State, visits teachers' institutes and other educational meetings, and delivers lectures upon educational topics, inspects schools, suggests methods of teaching and courses of instruction and promotes the cause of education in many ways. In some States he prescribes the qualifications of teachers and issues their certificates, and supervises the distribution of the school funds. In a few States the executive authority in reference to the public schools is vested in the State Board of Education. Where this is the case the superintendent of instruction is simply an agent of the board.