Studies in Civics Part 12

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 const.i.tution. 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 const.i.tutional limitation that it shall not be increased nor diminished during the term of the inc.u.mbent. 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 const.i.tution 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 princ.i.p.al 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 circ.u.mstances appearing after sentence is pa.s.sed. 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 a.s.signment 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 doc.u.ments, 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 doc.u.ments, 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 a.s.sessed 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' inst.i.tutes. 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.

a.s.sistants.--Usually the above officers have a.s.sistants 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 governors.h.i.+p? 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 pa.s.s a bill over the governor's veto? Have you ever known of its being done? If the governor should go to Was.h.i.+ngton 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?

CHAPTER XIV.

OTHER STATE OFFICERS.

Adjutant-General.--To aid the governor in the discharge of his duties as commander-in-chief, there is an officer called the adjutant-general.

Through him all general orders to the state militia are issued. He also keeps the rolls and records of the militia. In some states he is required by law to act as attorney for those seeking pensions from the United States.

Railroad Commissioners.--To prevent railroads from charging extortionate rates for pa.s.sengers or freight; to see that reasonable facilities are provided, such as depots, side tracks to warehouses, cars for transporting grain, etc.; to prevent discrimination for or against any person or corporation needing these cars; in other words, to secure fair play between the railroads and the people, a railroad commission consisting of from one to three members has been established in many states by the legislature.

Insurance Commissioner.--To protect the people from unreliable insurance companies, there is an officer called the insurance commissioner. No insurance company can legally transact business in the state until it has satisfied the commissioner that its methods of insurance and its financial condition are such as to give the security promised to those insured by it. The certificate of authority granted to any company may be revoked by the commissioner at any time if the company refuses or neglects to comply with the conditions established by law.

State Librarian.--Each state has a valuable library, composed chiefly of law books, but containing also many other valuable books and pamphlets.

This library is open to the public. It is in charge of the state librarian, who acts under prescribed rules.

Public Examiner.--To render a.s.surance doubly sure that public money shall be used only for the purposes for which it is designed, provision is made for the appointment of "a skillful accountant, well versed in the theory and practice of bookkeeping," to exercise constant supervision over the financial accounts of state and county officers and of banking inst.i.tutions incorporated under state laws. This officer is called the public examiner.

The officers visited are required by law to furnish the public examiner facilities for his work, and to make returns to him under oath. The examiner reports to the governor, who is empowered to take action to protect the interests of the people.

Oil Inspector.--To protect the people from the danger of burning oil unfit for illuminating purposes, there is an officer called the inspector of illuminating oils. The inspector appoints a deputy for each county. It is the duty of these officers to test the illuminating oils offered for sale, and to mark the barrel or package containing it "approved" or "unsafe for illuminating purposes," as the case may be. Penalties are attached to the selling of oils not approved.