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mittee, is based on a sound and just principle; and the machinery of State administration should be so organized as to enable this conception to be adequately realized.*
In order to effect such an organization as might secure a tolerable degree of efficiency and economy, the committee proposed a reorganization and consolidation of administrative offices into ten departments—after the manner of the executive departments at Washington,-each headed by an appointee of the governor and senate, who should be responsible to the governor for the conduct of his department. The proposed departments are Finance, Charities and Corrections, Education, Public Works and Buildings, Agriculture, Public Health, Labor and Mining, Trade and Commerce, Law, Military Affairs. In addition to these the contemplated administration would consist of a consolidated board of elections, the civil service commission
, and the secretary of state.
Summaries of the various department reports should be published together in an official state manual. Incidentally, the committee protested vigorously against requiring administrative boards to be bi-partisan. Such a requirement
makes it possible for a Governor by the use of patronage to exert influence over the minority party in the General Assembly; and at the same time it reduces the responsibility of the Governor for the acts of such boards, without definitely fixing responsibility on the minority members, or their party."
The rapid growth of administrative functions has been char
acterized by the creation of boards and commissions, sometimes tive Boards. called administrative tribunals. They are variously elected and
appointed and often partake of the nature of the legislative, executive and judicial functions of government—the separation of which it has been one of the cardinal principles of American constitutions to preserve. They have been considered by some writers to form a fourth department and, indeed, along with the articles on the legislative, executive and judicial departments
a few constitutions have a separate article on the administrative department. These articles relate, however, to the duties of such constitutional offices as those of the auditor, treasurer and secretary of state rather than to the administrative boards, which are for the most part creations of statute law. Preceding paragraphs have, indeed, clearly indicated that the constitutions provide for a very small proportion of the state administrative officers. It is necessary to limit the present discussion to constitutional administrative offices, the chief of which is, in every state, that of the governor.
The governor's powers and duties are of two kinds, those relating to the political or policy-determining functions of gov- Governor and ernment and those relating to the execution or administration Department. of policies already determined. The former have already been discussed in connection with the enactment of laws by the legislature. The latter, together with the general constitutional provisions concerning the governor, will now be outlined.
In every constitution save one, the supreme executive power of the state is vested in the governor. There are some clauses which ake the executive department consist of other officers in addition, for instance,
The Executive Department shall consist of a Governor, in whom shall be vested the supreme executive power of the State, a Lieutenant-Governor, a Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Instruction, and an Attorney-General.'
But Oklahoma” alone nominally vests the executive power in several enumerated officials. In forty-six states the governor
se. g., Ind., VI: Ore., VI. This book does not distinguish between "executive" and "administrative."
1 Administrative boards find their prototypes in standing committees of the legislature. They were at first agencies for procuring information for the solution of difficult problems, Now permanent commissions are chiefly industrial and agricultural, scientific (e. 9., boards of health), supervisory (e. g., corporation and arbitration commissions), examining boards, educational, executive (e. I., highway commissions), and corrective and philanthropic.
"See Goodnow, F. J., ('omparative Administratire Lau, pp. 49-51, 71. 3Supra, ch. 10.
4X. C., III, 1. For other examples, see Ala., V, 112 ; Ill., V, 1; Neb., V, 1, 26; Okla., VI, 1 ; Pa.. IV, 1 ; Tex., IV, 1; W. Va., VII, 1.
V, 1,-- "The Executive authority of the State shall be vested in a Governor, Lieutenant-Governor. Secretary of State, State Auditor, Attorney General, State Treasurer, Superintendent of Public Instruction, State Examiner and Inspector, chief Mine Inspector. ('emmissioner of Labor, Commissioner of Charities and Corrections, commissioner of Insurance, and other officers provided by law and this Constitution."
All save Mass. and N. H.
157. Election of Governor.
must "take care that the laws are faithfully executed.” Sev. eral of these states® add that the governor shall expedite measures resolved upon by the legislature. Half a dozen states prohibit the suspension of the execution of laws without the consent of the legislature. These general provisions are, however, of little significance in practice.
The governor is invariably elected by the qualified voters of the state. The time of election also is usually prescribed. In order that the election returns may be officially convassed and finally declared, several constitutions provide canvassing boards made up of state officials, acting ex officio. The majority of the constitutions, however, provide that the two houses of the legislature, acting jointly, shall officially receive and canvass the returns.
In one state, in case of failure to elect, the legislature, in joint convention, chooses a person to fill the office for the full term and until his successor is qualified. In another the leg. islature is commanded to declare by law what officer shall act as governor upon the people's failure to elect a governor and lieutenant-governor. A large number of the constitutions have provisions concerning the determination of contested elections. Usually such contests must be decided by the legislature' or by
South Carolina says "faithfully executed with mercy...
So expressed in twenty-eight constitutions (e. 9. Ala., Wyo.). In other states the electorate is the same as that of the legislature or of the upper or lower house (e. g., Ga., X. H., La.). or is composed of adult male citizens (Me., Mass.), with some exceptions. Miss. V, 140) provides that the person receiving in any county or district the highest number of votes shall be deemed to have received as many votes as the county or district is entitled to members in the lower house of the legislature.
2The same as for members of the legislature (21 states : e. g., Ala., N. C.), or of the lower house (fal., La.. N. Y.), at the general election, (Colo., S. C.), on the first Tuesday after the first Monday of November of a certain year and biennially or quadriennially thereafter, (e. g., ill., Ky.) or simply on that date biennially (Vt.), etc. In Maine it occurs on the second Monday of September biennially (in practice, even years), except for citizens absent from the state in military service, for whom provision is made in great detail.
se. J., Minn., V. 2. Returns are made to the secretary of state, who acts with two or more judges of the highest court and two disinterested judges of the district courts. In N. M. the governor is a member of the board, of which the other two members are the secretary of state and chief justice. In Miss. this function is imposed upon the lower house of the legislature and in Vt. upon a joint committee of both houses. In a few states, the matter is left to be prescribed by law.
*e. 9., Ala., Ind., Mo., La., Tex., Wash. Minor details relating to procedural and other matters vary considerably.
'R. I., Amend. XI, 3, 7.
a legislative joint committee. Nearly all of the constitutions
Qualiticaage, twenty-five," thirty, and thirty-five years. Most of the tions of
'—" states require that he shall be a citizen of the United States, many of them specifying from two to twenty years of citizenship, and one that he must be a "natural-born citizen.” In the thirteen constitutions which particularly specify terms of citizenship in the state, the variations are from two to ten years, five years being the most usual requirement. Several states?
' " specify that the governor must be a qualified clector. About three-fourths of the states? prescribe residence qualifications, ranging from one to ten years in the state.
The fact that one has already served as governor may disqualify him in eighteen states. In several* he may not be his own successor.5 He is, however, expressly declared to be reeligible to the governorship in one state. In another the dis
Del., Pa. In the latter (IV', 2, 17) contests are determined by committee selected from both houses of the legislature and formed and regulated in a manner to be prescribed by law and presided over by the chief justice of the highest court, who decides upon the admissibility of evidence and, on request of the committee, pronounces on questions of law.
e. g., Ind., V. 5; Tex., IV, 3. In Ky. (70) determination is by lot as the legislature may direct. In Me. (V, Pt. I, 3, IX, 4. Amend. 23, 24) and Mass. (Pt. II, ch. ii, sec. I. 3, Amend.' 23, 24) the lower house chooses two from among the four candidates having the highest vote and the sepate decides between them. In Vt. (II, 39) if no one has a majority the legislature decides the winner from among those having the three highest numbers of votes. In Ga. (V, sec. I, 5) similarly, from two highest.
1All except Fla., Kan., Mass., O., R. I., Vt., Wash., Wis. 2Ariz., Cal., Minn., Nev.
se. g., Del., Ga., Ind., Me., Tenn. Thirty at time of election ; e. g., Ala., Ia., Mont.
Mo. be. g., Ark., Del., Ga., Ind., Ia., Mo., Miss. Ve., V, Pt. I, 4. Neb., Nev. SMd. 111., etc. iSix and seven years are occasionaly specified, --see Ga., Ky., Ala., Tenn. 2e. g., Fla., Md., Okla,
3e. g., Minn. (1), Colo. (2), Ore. (3), Vt. (4), Cal. (5), Ky. (6), Ark, (7), La. (10).
*e. g., Ala., La.
SIn Del. he may not be elected for a third term ; in Ind. for more than four years' and in Tenn, for more than six years' service in eight years ; in Ore, for more than eight in twelve years, ete.
S. C., IV, 2.
qualification of the governor to hold other office in the state or to represent the state in the United States Senate extends through one year after the expiration of his term. Several states' incorporate into their constitutions provisions that conviction of asking or receiving a bribe to influence his official opinion or action, or improperly using his power to influence the action of a legislator disqualifies a governor from future office of trust or honor.1
The undivided attention of the governor to the duties of his office is sought in the provision that he shall not practice his private work or profession during his term of office or receive any reward or promise thereof for service rendered, or later to be rendered. Sometimes he is forbidden to accept, hold, use or purchase during his term of office transportation over any railroad within the state for himself or family on terms not open to the general public. On conviction he forfeits his office and is guilty of felony.
Before entering upon the duties of office, a governor is always inaugurated and must subscribe to an oath. The general form of oath to be used is specified in a few of the states for instance, that he must swear to support the constitutions of the state and of the United States and perform the duties of his office. *
The governor's term of office varies from one to four years. It is two years in just half the states and in one state it is three years. In twenty-seven states there is added the provision that the governor shall serve until his successor is qualified, irrespective of his term of office.8
Twenty-one constitutions require that the governor's salary shall be fixed by law,' twenty-two fix it at specified sums per
$For typical provisions, see Cal., V, 12 : Neb., 1, 2; also see X. II., II, 94. !N. D., III, 81; S. D., IV, 11 ; Wyo., IV, 10.
Any person who denies the existence of a Supreme Being is sometimes ineligible to the governorship.--S. C., IV, 3 ; see Tenn., IX, 2.
2Tex., IV. 6.
3N. M., XX, 14; similar provisions, likewise applying to officials generally, are found in several other constitutions.
de, 9., N. (. In N. H. (II, 83) he must take an oath of allegiance. Mass.
Ala., Cal.. Del.. Fla., ill., Ind., Ky., La., Md., Miss., Mo., Mont., Nev., X. C., Okla., Ore., Pa., Utah, Va., Wash., W. Va., Wyo.