Officials and boards.
For carrying on its administrative work the state has, in addition to the governor, a considerable number of administrative officials and boards. These include the secretary of state, who keeps the official records; the treasurer; the auditor; the attorney-general, who conducts the legal affairs of the state; the state superintendent or commissioner of education; together with state boards of health, charity, public works, public utilities, and so on. The titles and functions of these various boards differ greatly from state to state. In Massachusetts there are only twenty-one state departments; in New York there are more than one hundred. Everywhere the number displays a tendency to increase, for the functions of the state are everywhere broadening. The officials and members of boards who perform all this administrative work are sometimes elected but more often they are appointed by the governor.
The State Courts: Their Organization.—In each state there are three gradations in the judiciary, and sometimes four. First, there are local courts, presided over by justices of the peace, or police justices. These courts try cases of minor importance. When persons charged with serious offences are brought before them, the offenders are held for trial by the next higher court. These next higher courts are known as county or district or superior courts. They are empowered to conduct jury trials; they have prosecuting attorneys at their service; they have a wider range of jurisdiction to try important cases, and their decisions are usually final so far as the facts of the case are concerned. Finally, there is in each state a supreme court (sometimes called the Court of Errors) which hears appeals, chiefly on disputed points of law, from the courts below. This court is composed of from five to fifteen judges (the number is fixed by law in each state), and it has the last word in all cases save where an appeal may be taken to the Supreme Court of the United States.[[102]]
The election vs. the appointment of judges.
The Selection and Removal of Judges.—In more than three-fourths of the states the judges of these various courts are elected by the people. In the rest they are either appointed by the governor or chosen by the state legislature. One plan cannot be said, in general terms, to be better than the other. Good judges have been secured by all three methods of selection, and poor ones too. It is worth noting, however, that the judges of all the federal courts are appointed for life and that they are men of fine quality.[[103]] It is everywhere conceded that the courts ought to be kept out of party politics and this is much easier if the judges are appointed for life or for long terms than if they are chosen by the people for short terms. But whether appointed or elected it is desirable that judges, so long as their work is satisfactory, should be kept in office. If judges are denied reappointment or re-election because their decisions do not prove popular with those who are influential in politics, it will be very hard to get men of ability and integrity to accept judicial positions.
SIMPLIFIED STATE ADMINISTRATION
Several states have simplified their administrative machinery during recent years by reducing the number of state departments. Illinois is one of these. Its plan of administrative organization, as shown on the reverse of this page, is simple enough for any voter to understand. This contrasts with the situation in New York State, where there are more than a hundred administrative departments.
ORGANIZATION OF STATE ADMINISTRATION