Page images
PDF
EPUB

annum, varying from $1,500 in Oregon to $10,000 in California. and New York.1

The constitution expressly requires the governor of Maine to reside in the state during his term of office; one-third of the constitutions require him to reside at the seat of government. Several others make the same requirement but allow exceptions, for example, during epidemics and when the legislature is in session elsewhere. Two states require that he shall be provided with an executive mansion.

Administra

and Duties.

His executive powers and duties are, so far as prescribed in 160. the constitution, in the main as follows,-In the first place, he tive Powers must appoint many subordinate administrative officials, some of them entirely from his own selection, others subject to confirmation by the legislature, senate or council. His own appointees are comparatively unimportant and include chiefly 161. militia officers. Other examples are notaries public, railroad ments by the commissioners, board of charities and corrections, two civilian members of the board of pardons1 and an intermediate court of appeals from judges of the general trial court.

6

Subject to confirmation by the legislature in joint session the Governor of Virginia must appoint the members of the state corporation commission. Subject to confirmation by a majority of all the members elected to the senate, the governor of Delaware must appoint the secretary of state, commissioners of agriculture, the chief justice, associate judges and chancellor of the state, justices of the peace and judges of inferior courts established by the legislature. Likewise, with the approval of two-thirds of all the members of the senate, the governor of Pennsylvania appoints the secretary of state, attorney general

5

"The defeated constitution of N. Y., 1915, would have made the salary $20,000. It is $2.000 in Utah; $2,500 in Neb., S. D. and Wyo.; $3,000 in Ga., Id., N. D.; $3,500 in Ark. and Fla.; $4,000 in Ariz., Tex. and Wash.; $4,500 in Md. and Okla.; $5,000 in Colo., Mich.. Mont., N. M., Va., Wis.; and $7,500 in La. Various provisions exist regulating increase and decrease of salary, other compensation, expenses, etc.

[blocks in formation]

Appoint

Governor.

[blocks in formation]

162. Division

and Unity of Administration.

8

and superintendent of public instruction, and, with the approval of two-thirds of the senate, the governor of Texas appoints notaries public.

Confirmation merely by the senate is the most usual requirement. Here may be mentioned as examples the trustees of the Alabama Polytechnic Institute; the members of the California state board of prison directors and of the Colorado board of land commissioners; judges of the general trial court and criminal courts, the state's attorney in each judicial circuit and the prosecuting attorney for each county criminal court of record, and certain militia officers in Florida; the secretary of state, commissioner of the land office, chief justice (from among the members) of the highest court, justices of the peace and certain military officers in Maryland; judges of the highest court, trial and chancery courts, boards of levee commissioners and certain military officers in Mississippi; various judicial officers, secretary of state and others in New Jersey; superintendents of public works and of state prisons and other officials in New York; magistrates and other officials in South Carolina; secretary of state and members of the board of prison commissioners in Texas and state examiner, engineer, geologist and inspector of mines in Wyoming."

These examples are adequate to indicate the relatively small proportion of the administrative officers which the constitutions require to be appointed by the governor. This is one of the most pertinent facts to be noted in the study of constitutional clauses relating to administration. While students of adminisrative needs have been advocating a co-ordinated system of administration, of which the governor should be the responsible leader and head, constitution-makers have continued the old-time habit of leaving the several branches of the administration independent and isolated. The constitution of Oklahoma1 even goes so far as to command the legislature to

SIV, 8.

Where councils of state are provided by the constitution, their consent may be required for certain of the governor's appointees. Thus in Maine, most of the judges as well as coroners and notaries public are so appointed; in New Hampshire, judicial officers, the attorney general, coroners, field officers of the militia and naval officers; in Massachusetts, judicial officers. the solicitor-general, coroners and notaries public; the "advice" of the council is necessary when certain military officers are appointed.

1V, 60.

provide by law for the establishment and maintenance of an efficient system of checks and balances between the officers of the Executive Departmnt.

This provision is characteristic of the practice found generally in the states. Whether designedly or not, administrative officials who are not responsible to some one administrative chief are as likely to check and hinder one another as to labor together for the public welfare. The divided administration of the states stands in striking contrast to the federal administration which is united under the direction of the president.

163.

of Removal.

Of scarcely less importance than the careful selection and General definite responsibility of administrative officers is the power of Methods removing them not only for misconduct but for inefficiency. Removal is in practice accomplished in several ways, notably by impeachment,' by joint resolution of both houses of the legislature, by the courts, by popular recall by means of an election held on petition of a small percentage of the electors, by the appointing power," by methods to be prescribed by the legislature, and, finally, by the governor or governor and legislature or senate.

3

7

164.

Removals by

The governor is empowered by a few constitutions to remove public officers, sometimes all administrative officers, sometimes the Governor. merely his own appointees. For example, in one states he may during the recess of the legislature remove any state adminis trative officer for gross neglect of duty or corrupt conduct or for misfeasance or malfeasance in office. In another he may remove his appointees for incompetency, neglect of duty or malfeasance in office.1 In a third, with consent of the senate,

2Every state except Ore. (VII, 6) provides for impeachment. The officers impeachable are not specified in Id., N. Y. and N. C. In some states (e. g., Mich., IX, 1) all civil officers or all civil and judicial officers (e. g., Me., IX, 5; VI, 4) are impeachable. Several constitutions do not specify grounds for impeachment; in others, the stated grounds vary from incompetency (Ala., VII, 173) to crime. Ordinarily impeachment is by the lower house of the legislature (but see Neb., II, 14), and trial by the senate (but see N. Y., VI, 13; Neb., II, 14). e. g., Ind., VI, 7; La.. 220; Va., V, 73.

4Ky., 172; Miss., VI, 175; Neb., III, 20; Ore., VII, 6; S. C., IV, 22; XVII, 8; Tenn., V, 5.

e. g., Ore., II, 18.

"Pa., VI, 4.

e. g., Ind., VI, 8.

cannot provide others.

Mich., IX, 7.

"N. M.. V, 5.

See, infra, p. 219.

Where modes of removal are prescribed, the legislature
See Commonwealth v. Gamble, 62 Pa. St., 343.

See also Del., XV, 6; Colo., IV, 6; Md., II, 15; XV, 1; Neb., V, 12; Ill., V, 12; W. Va., VII, 10.

2Fla., IV, 15.

165. Miscellaneous Functions of Governor.

officers not liable to impeachment may be removed by the gov ernor for malfeasance, or misfeasance, or neglect of duty in office, or commission of felony, or for drunkenness or incompetency. "For reasonable cause," on address of two-thirds of the members elected to each house of the legislature the gov ernor of Delaware must remove any officer except the lieutenantgovernor and a member of the legislature.

3

The power of removal by a superior administrative officer raises a very important question. Shall removal be summary or shall the subordinate official be given the right to a hearing or trial? The former method prevents formalities and delays and if used carefully by conscientious officials doubtless makes for efficiency. The latter method lessens the danger of dismis sals without cause on personal or political grounds.*

The power of suspension is also occasionally conferred on the governor. One state" makes it the duty of the governor to suspend allegedly defaulting state and county treasurers and defaulting tax collectors pending investigation of accounts and to make temporary appointments to fill offices during investigations. In a few states, also, the governor must regularly investigate or appoint a committee to investigate certain public offices. In most states he must issue or at least sign commissions to public offices, or certain ones of them.8

In about three-fourths of the states the governor may exact reports from administrative—and sometimes military-officers."

Many constitutions make the governor a member of certain administrative boards, especially, educational, penal and charitable. He is one of the land commissioners in three states;1 a member of the board to elect members of the state board of appraisers in Louisiana and of the board of equalization in half a dozen states.2

SIII, 13. For similar clauses, see Pa., VI. 4 (2/3 senate); S. C., XV, 4; Me., IX, 5 (Governor must also have advice of council).

'See Civil Service Trial Boards, by Borough President Marks of Manhattan, Review of Reviews, LIII. 458 (1916), for interesting account of trials before board composed of representatives of both official and working forces.

Miss., V, 125.

"See also Fla., IV, 15; Va., V, 73.

'See Id., IV, 8; Mich., IX. 7; Miss., IV, 60; Mont.. VII, 10; Utah, VII, 5. se. g., S. C., IV, 17; N. J., VII, sec. II, 10; Del., III, 12; Ida., IV, 16; Ind., XV, 6.

e. g., Ind., V, 15; N. C., III, 7.

1Ida., Okla., Wyo.

Colo., Ida., Mo., Mont., Okla., Utah.

That powers and duties may be prescribed for the governor by law is occasionally specified. Sometimes he must conduct all business with other state and foreign governments or transact necessary business with officers of government. With the advice and consent of the council he may sign warrants for the issue of money out of the treasury in Massachusetts," and in Vermont' he may draw on the treasurer for such sums as the legislature may appropriate. In Alabamas he may negotiate temporary loans not to exceed $300,000. In Misouri" he approves depositary banks and their security for state money.1 In a number of states he must account to the legislature for moneys received and paid out and sign grants issued by the state.3

Liability to

ment.

The governor is liable to impeachment in every state except, 166, Oregon. More than half of the states specify grounds upon Impeachwhich the governor is to be liable to impeachment; for instance, for high crimes and misdemeanors, non-feasance or malfeasance in office, incompetency, corruption, favoritism, extortion or op pression in office, or gross misconduct, or habitual drunkenness. In many states the governor is suspended from office pending the result of impeachment proceedings."

Guberna

Succession.

In case the office of governor is vacated there is in every 167. state a constitutionally specified officer who forthwith either torial becomes governor or performs the functions of the governor. In most of the states he is an officer elected chiefly for the purpose and called the lieutenant-governor. The second officer in

[blocks in formation]

For provisions in regard to the governor's duties in making financial estimates, see infra, ch. 14.

2e. g., Ala., V, 123; Colo., IV. S; Ill.. V, 7; Mo., V, 10.

se. g., Md., IV, 13; N. J., VIII, 3; N. C.. HII, 16. Concerning governor's clerical force, see, e. g., Ga., V, sec. I, 19. One of the most important of the powers commonly conferred upon the governor is that of pardoning persons convicted of crime. In about two-thirds of the states the governor alone may grant pardons. In Conn. (IV, 10) apparently only the legislature can grant pardons. In the other states the governor acts in conjunction with or by the advice of a board of pardons. Thus in several states (e. g., Fla., IV. 12) pardons must issue from the board of pardons, composed of the governor, secretary of state, comptroller, attorney general and commissioner of agriculture, by vote of a majority, including the governor. In Cal. (VII. 1) a conviet twice convicted of a felony cannot be pardoned except on recommendation of majority of supreme

court.

VII, 6.

'La., 217.

e. g., Ala., V, 127; Minn., XIII, 3.

[ocr errors]
« PreviousContinue »