Elements of Civil Government / A Text-Book for Use in Public Schools, High Schools and Normal Schools and a Manual of Reference for Teachers

by Alexander L. Peterman

EXECUTIVE DEPARTMENT.

The chief executive officers of the State are the governor, the lieutenant-governor, the secretary of state, the auditor or comptroller, the treasurer, the attorney-general, and the superintendent of public instruction, who, in most States, are elected by the people. Besides these, an adjutant-general, a commissioner of agriculture, a commissioner of insurance, railway commissioners, a register of the land office or land commissioner, and in some States other subordinate officers, are usually appointed by the governor, and confirmed by the Senate.

The higher State offices are provided for in the constitution, while the subordinate offices are created by act of the legislature. Several States have no lieutenant-governor; in some the secretary of state and the superintendent of public instruction are appointed by the governor, and in others some of the subordinate officers are elected by the people. The titles of many of these officers vary in different States.

The terms of the State officers elected by the people are usually alike in the same State, but in some States there are differences. In several States the terms of the auditor and the treasurer are less than those of the other officers.

GOVERNOR: TERM, QUALIFICATIONS.--The supreme executive authority is vested in the governor, who is therefore sometimes called the chief executive of the State. His position is one of great dignity and influence.

The term of office is one, two, three, or four years, varying in different States, and in some the constitution prohibits any person from serving two terms in succession.

The legal qualifications of the office of governor vary in different States. He must be a citizen of the United States; must have resided in the State at least a fixed term of years; must not be under a certain age, usually thirty years; and in some States must own property of a given value.

POWERS, DUTIES.--The governor is commander-in-chief of the military forces of the State, and represents it in its dealings with other States. He may call on all other executive officers for written information concerning their respective duties. He is presumed to be well informed upon the affairs of the people, and is therefore required to give the legislature information as to the condition of the State, and to recommend the passage of such laws as he deems proper and expedient.

The governor may call special meetings of the legislature to consider questions of great and immediate public concern. At the opening of each session he addresses a regular message to the legislature, and from time to time submits special messages upon various subjects.

All acts of the legislature are presented for his approval and signature. If he approves and signs them, they become laws; if he retains them for a certain number of days without signing them, they become laws without his signature; if he refuses to approve them, he returns them within the specified time to the house in which they originated, with a statement of his objections.

This action is called a veto, and the vetoed measure, in order to become a law, must pass both houses again, and in some States must secure a two thirds vote of each house.

The governor may grant reprieves and pardons, except in cases of impeachment, and in some States, of treason. In some States this power is limited by a board of pardons, which must recommend a pardon before it can be granted by the governor; and in others the consent of one branch of the legislature must be obtained.

Treason against the States consists in an open or overt act of "levying war against them, or in adhering to their enemies, giving them aid and comfort."

To reprieve is to delay or postpone for a time the execution of the sentence of death upon a criminal.

To pardon is to annul a sentence by forgiving the offense against the law, and by releasing the offender.

The governor may also commute the sentence of an offender by exchanging the penalty for one less severe.

LIEUTENANT-GOVERNOR:--The term and qualifications of the lieutenant-governor are the same as those of the governor. The lieutenant-governor is also president or speaker of the Senate, but votes only in case of a tie. In States having no lieutenant-governor, the Senate elects its presiding officer.

In case of the death or resignation of the governor, the lieutenant-governor becomes governor of the State. In States having no lieutenant-governor, special laws provide for filling vacancies in the office of governor.

When the chief executive is absent from the State, or disabled, the lieutenant-governor performs the duties of the office.

SECRETARY OF STATE.--The secretary of state is the keeper of all State papers, and usually of the great seal of the State. In some States he is ex officio auditor. He keeps a record of the proceedings and acts of the legislature and of the executive department of the State government.

He certifies to the correctness of State documents and commissions, indexes the laws, and attends to their printing and distribution, except in States having a superintendent of printing. He receives and preserves the returns of elections, and in some States has charge of the State buildings at the capital.

AUDITOR, OR COMPTROLLER.--The auditor is the financial agent of the State, and in some States acts as register of the land office, and in others as commissioner of insurance. He is also the State's bookkeeper, and attends to the collection of its revenue. He examines and adjusts claims and accounts against the State, and orders the payment of such as he approves. He receives moneys paid to the State, deposits them with the treasurer, and takes receipt therefor. No funds can be paid out of the State treasury except upon the auditor's warrant. He makes an annual or biennial report, showing the financial condition of the State. In some States having no auditor, these various duties fall to other officers, chiefly to the secretary of state.

TREASURER.--The treasurer is custodian of the funds of the State. He receives the State's revenues from the auditor, and pays them out only upon the auditor's warrant, keeping an accurate account of all sums paid. The treasurer and the auditor (and also the secretary of state when he handles State funds) give heavy bonds for the faithful performance of their duties.

ATTORNEY-GENERAL.--The attorney-general is a lawyer who acts as attorney for the State in law cases to which the State is a party. His duties pertain chiefly to the higher courts of the State. He is the legal adviser of the State officers, and, when requested by them, gives opinions upon points of law.

He prosecutes persons who are indebted to the State, and assists in bringing to justice those charged with crime. He represents the State in its legal business in the supreme court at Washington, and in the other courts of the United States.

SUPERINTENDENT OF PUBLIC INSTRUCTION.--The superintendent of public instruction has charge of the public school system, and thus superintends one of the largest interests of the State. He has the general management of State teachers' institutes, and in some States he has an official connection with the State university and the State normal schools, either as a member of the faculty or as president or secretary of the board of trustees.

He is an officer of, and usually president of, the State board of education, a body generally consisting of from three to seven members, and in most States composed, in part, of other high officers of the State. The State board of education decides questions of school law, and performs other important duties varying in different States.

The superintendent of public instruction makes an annual or biennial report to the legislature, showing the condition of the public schools and suggesting amendments to the system. In many States the superintendent is elected by the people; in some he is appointed by the governor; in others he is elected by the State board of education, and, as president or secretary of that board, is ex efficio superintendent of public instruction.

OTHER OFFICERS.--The adjutant-general is the active officer of the State militia.

The commissioner of agriculture, sometimes called the secretary of the board of agriculture, looks after the agricultural interests of the State.

The commissioner of insurance oversees the insurance companies doing business in the State.

The railway commissioners assess the value of railway property, and to a limited extent regulate charges on railway lines.

The register of the land office, or land commissioner, keeps in his office the patents or title-deeds of land issued by the State in its early settlement, and furnishes copies of land patents and warrants to those who desire them. In a few States this officer is elected by the people.

The State librarian has charge of the State library, and in some States is superintendent of the State buildings at the capital.

In a few States there are other executive officers, among whom may be named:

A surveyor-general, who surveys the public lands, and keeps in his office maps of counties and townships;

A State engineer, who superintends the construction and repair of canals and levees;

A commissioner of statistics, who collects statistics relating to public interests;

A commissioner of immigration, who attends to the interests of immigrants;

A labor commissioner, who looks after the interests of the laboring classes;

A bank inspector, or superintendent of banking, who inspects State banks for the protection of the public; and

A State examiner, who investigates the conduct of State institutions, and inspects the State offices, in order to secure honesty and efficiency in public affairs.

In some States two or more of these offices are combined, and in others their duties are performed by the higher officers of the State.