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III. DESCRIPTION OF THE CONSTITUTIONAL AND STATUTORY FUNCTIONS OF CONSTITU

TIONAL STATE OFFICERS.

Constitution of 1870. The constitution provides that each of the officers of the executive department, with the exception of the treasurer, shall hold his office for a term of four years, from the second Monday in January next after his election, and until his successor is elected and qualified. The election for Governor, lieutenant governor, secretary of state, auditor of public accounts and attorney general, is held on the Tuesday next after the first Monday of November, every four years. The next election will take place in November, 1920. The state treasurer is elected every two years. The superintendent of public instruction is elected for a term of four years at an election held midway between the general elections for officers of the executive department.

The returns of these elections are directed by the constitution to be sealed up and transmitted by the returning officers to the secretary of state, directed to the “Speaker of the House of Representatives,' who, immediately after the organization of the House, before proceeding to other business, opens and publishes them in the presence of a majority of each house of the General Assembly, assembled in the hall of the house of representatives. The person having the highest number of votes for either of said offices, is declared duly elected. If two or more have an equal and the highest number of votes, the General Assembly, by joint ballot, chooses one of such persons for the office. Contested elections for any office are determined by both houses of the General Assembly, by joint ballot, in such manner as may be determined by law.

No officer of the executive department is eligible to any other office during the term for which he is elected. If the office of auditor, treasurer, secretary of state, attorney general or superintendent of public instruction becomes vacant by death, resignation or otherwise, the Governor is empowered to fill the office by appointment, and the appointee holds his office until his successor has been elected and qualified, in such manner as may be prescribed by law. The Governor and all civil officers of the state are liable to impeachment for any misdemeanor in office.

No qualifications are prescribed for any of these officers, except the Governor and lieutenant governor. An account is required to be kept by all officers of the executive department, and of all the public institutions of the state, of all moneys received or disbursed by them severally, from all sources and for every service performed, and a semi-annual report thereof is to be made to the Governor under oath. Any officer who makes false report is guilty of perjury and may be punished according.y. This report must be made at least ten days preceding each regular session, and the Governor transmits such reports to th General Assembly, together with the reports of the judges of the Supreme Court, of defects in the constitution and laws. The Governor may, at any time, require information, in writing, under oath, from the officers of the executive department and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.

The officers of the executive department receive for their services, a salary established by law, which may not be increased or diminished during their official terms, and they may not receive to their own use, any fees, costs, perquisites of office or other compensation. All fees payable by law for any services performed by them must be paid in advance into the state treasury.

All civil officers, except members of the General Assembly and such inferior officers as may be by law exempted, are required to take an oath, which is set forth in full in the constitution, and no other oath, declaration or test may be required as a qualification. The article of the constitution which deals with the executive department detines an office and an employment as follows: "An office is a public institution created by the constitution or law, continuing during the pleasure of the appointing power, or for a fixed time with a successor elected or appointed. In employment is an agency, for a temporary purpose, which ceases when that purpose is accomplished.”

Constitutions of 1818 and 1848. A number of the general provisions of the earlier constitutions concerning state officers have been outlined in the history of the organization of the executive branch of state government, at the beginning of this bulletin. Imong others which are of interest are the provisions concerning residence. The first restriction as to residence of state officers, occurred in the coilstitution of 1818 which provided that the Governor must reside at the seat of government during his term of office and the constitution of 1870 embodied the provisions that all state officers, except lieutenant governor, must reside at the seat of government during their term of office

The constitution of 1818 contained distinctive provisions concerning the salaries of state officers. The constitution of 1818 prescribed the amounts of salaries to be paid until 1821, and after that the General Assembly had the power to fix salaries. The constitution of 18.18 prescribed the amounts to be paid state officers, and in the proposed constitution of 1862 we find for the first time the present provision that they shall receive such salaries as are established by law.

The constitution of 1818 contained distinctive provisions concerning oath of office and impeachment. All civil, military, legislative, executive and judicial officers, were required to take an oath that they had not fought a duel, nor sent or accepted a challenge to fight a duel, nor been a second, nor in any way aided or assisted in a duel since the adoption of the constitution, and that they would not engage in or be connected with any duel during their continuance in office. Possibly this oath was inserted because of the agreement between two members of the convention to fight a duel, to settle differences which arose in a bitter debate on the floor of the convention. The duel was to be held near St. Louis and was only stopped by the intervention of the police.

The first constitution contained the same provision concerning impeachment of civil officers that we have in our constitution today, "The Governor and all civil officers of the state are liable for impeachment for any misdemeanor in office.” The constitution of 1848, provided, however, that the Governor and all civil officers should be liable for impeachment, during their continuance in office and for two years thereafter.

Statutes. Salaries of constitutional state officers are payable quarterly out of the state treasury on the warrant of the auditor. One private secretary and one stenographer for each elective officer in the executive department and all clerks, watchmen and policemen in these offices are exempt from civil service.

The Governor. The Constitution of 1870 declares that the executive department shall consist of a Governor, lieutenant governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction and attorney general, and that the supreme executive power of the state shall be vested in the Governor, who shall take care that the laws be faithfully executed. The Governor and the lieutenant governor must have attained the age of thirty years and have been for five years next preceding their election, citizens of the United States and of this state.

The Governor is required by the constitution to give the legislature at the commencement of each session and at the close of his term, information by message of the condition of the state and to recommend such measures as he may deem expedient. He is also required to accompany his message with a statement of all state funds received and paid out by him, together with an estimate of the amount of money to be raised by taxation for all purposes. He may convene the General Assembly in extraordinary session, and in case of a disagreement between the two houses with respect to adjournment, he may adjourn it to such a time as he thinks proper, provided it is not beyond the first day of the next regular session. This can only be done upon the certification of the fact of disagreement by the house first moving the adjournment.

With the advice and consent of the senate the Governor may appoint all officers whose appointment or election is not otherwise provided for by law, and no such officers may be elected or appointed by the General Assembly itself. In case of a vacancy, during the recess of the senate, in any office which is not elective, the Governor is directed to make a temporary appointment until the next meeting of the senate. He is also empowered to remove any officer, whom he may appoint, for incapacity, neglect of duty or malfeasance in office, and fill the office by a temporary appointment until the next meeting of the senate. After rejection by the senate no person can be nominated again for the same office at the same session unless at the request of the senate, nor may such person after rejection be appointed to the same office during a recess of the General Assembly. The Governor is liable for impeachment for any misdemeanor in office. If the office of any of the constitutional elective offices of the executive department (except the lieutenant governor) is vacated by death, resignation or otherwise, it is the duty of the Governor to fill the office by appointment, and the appointee holds his office until his successor is elected and qualified.

1 Moses' Illinois historical and statistical. v. 2 p. 556.

In case of the death, conviction on impeachment, failure to qualify, absence from the state, or other disability of the Governor, the powers, duties, and emoluments of the office, for the residue of the term, or until the disability is removed, devolve upon the lieutenant governor. If there is no lieutenant governor, or if he is incapable of performing the duties of the office, the president of the senate acts as governor, until the vacancy is filled or the disability removed, and if the president of the senate is incapable of performing the duties of Governor, they devolve upon the speaker of the house of representatives.

Through his veto power the Governor has an important control over the legislative department of the government. Every bill, which passes the senate and the house of representatives, must, before it may become a law, be presented to the governor. If signed by him, it becomes a law. If he disapproves it, he is required to return it with his objections to the house in which it originated. If both houses, twothirds of the members concurring, pass the bill again, it becomes a law notwithstanding the disapproval of the Governor. If he fails to return any bill submitted to him within ten days (Sunday's excepted), it becomes a law, as if he had signed it, unless the General Assembly by its adjournment in the meantime, prevents its return, in which case it becomes a law unless he files it with his objections in the office of the secretary of state within ten days of such adjournment. An amendment to this section of the constitution adopted in 1884 permits the disapproval of items and sections of appropriation bills.2

When vacancies occur in either house of the General Assembly the Governor is directed to issue writs of election to fill such vacancies. When vacancies occur in the representation of any state in the United States Senate the Governor is directed by the constitution of the United States to issue writs of election to fill such vacancies, but the legislature may empower he Governor to make temporary appointments until the vacancy is filled by election.

The Governor also has some powers with respect to judicial matters. He may grant reprieves, commutations and pardons, after conviction, for all offenses, subject to the regulations prescribed by law

? Fergus V. Russel. 270 III. 304 (1915); People ex rel State Board of Agri. culture v. Brady, 277 Ill. 124 (1917).

relative to the application for such pardons, reprieves and commutations. He commissions all judicial officers of the state. In case of vacancy, where the unexpired term of a judge does not exceed one year, he has the power of makiug an appointment to fill such vacancy. The judges of the Supreme Court are directed to report to him in writing such defects and omissions in the constitution and laws as they may find to exist, together with approved forms of bills.

Another important power of the Governor is his right to disapprove contracts for fuel, stationery and printing paper for the use of the state, contracts for printing, binding and distributing laws and journals and all other printing ordered by the General Assembly.

The Governor is the commander-in-chief of the state militia and may call out any part of it to execute the laws, suppress insurrection and repel invasion. He commissions all militia officers of the state.

The constitution of the United States provides that a person charged in any state with treason, felony, or other crime, who flees from justice and is found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime.

Constitutions of 1818 and 1848. The wording of the first sentences of the executive articles of the constitutions of 1818 and 1848 is identical. They declare that, “The executive power of the state shall be vested in a governor.” The constitution of 1870, however, provides that “The supreme executive power of the state shall be vested in a governor who shall take care that the laws be faithfully executed” and “The executive department shall consist of a governor, lieutenant governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction and attorney general.” The qualifications for governor have been changed by each succeeding constitutional convention. Under the constitution of 1818, the Governor was required to be at least thirty years of age, a citizen of the United States thirty years, and to have resided within this state two years next preceding his election. The constitution of 1848 required that a person to be eligible to the office of Governor must have attained the age of thirty-five years, and have been a resident of this state for ten years and a citizen of the United States for fourteen years.

The veto power of the Governor was of little importance under the first constitution. A council of revision composed of the Governor and the judges of the Supreme Court was given this power. This council was empowered to pass upon all bills which passed the house of representatives and the senate. If it should appear improper to them that a bill should become a law they were directed to return the bill, together with their objections, to the house in which the bill originated. If upon reconsideration it was approved by a majority of the members elected to both houses, it became a law over their objections. If the bill was not returned within ten days after it was presented, it became a law. The council of revision was abolished by the constitution of 1848 and the Governor was given a qualified veto power. Under the earlier constitution a bill could be passed over the objection of the Governor by the vote of a majority of the members elected, but the constitution of 1870 requires a two-third vote.

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