Important state executive officials and their duties. The lowest courts. Under ordinary circumstances a governor's veto, accompanied as it is by a message giving his reasons for opposing the measure, will influence a fair proportion of the legislators, and he can thus forbid this legislation altogether. 129. The Governor's Colleagues. When the governor is elected, there are usually chosen a lieutenant governor, who presides over the meetings of the state senate and is prepared to take the governor's place in case it becomes vacant, and several other executive officials who may be called the governor's colleagues. The secretary of state, the chief clerical officer of the state government, keeps all official records and takes charge of the state seal. The supervision of the expenditures authorized by the legislature is intrusted to the controller, by whom every order drawn upon the treasurer must be approved before it can be paid by the latter from the state funds. An attorney-general is the legal adviser of the governor and of the legislators, and is the public prosecutor in all criminal or civil suits in which the state has an interest. Besides these officials there are often public printers, superintendents of public instruction, superintendents of public works and surveyors-general, who may be elected by the people or appointed by the governor or the legislature. 130. The System of State Courts. - Most of the civil and criminal cases tried within the United States are considered in state courts. The least important cases, being very numerous, are tried in the lowest local courts of which there are a great number. These courts are usually presided over by country justices of the peace or by city police justices. Some suits are decided finally in these courts, but, as it is one of the principles of our judicial system that whenever possible a person whose claims have been denied shall have a second opportunity to obtain justice in a higher court, many important cases are appealed to the next highest tribunals, the county courts. These courts also try for the first time cases The interso important that they have not been considered in the lower courts. Cases are carried on appeal from the county courts to the next higher set, usually known as circuit or district courts, the state being divided into several districts or circuits for that purpose. mediate courts. The highest court to which suits may be taken, The highest if of sufficient importance, usually consists of from state courts. three to seven judges who represent the entire state. As all cases involving the state constitution and other important laws come to this court for decision, there is no danger that fundamental laws will be interpreted in one way in one part of the state and in another way in a different section. 131. The Necessity of an Upright Judiciary in a Republic. In a country whose political institutions are as popular in character as ours, the need of an able and upright judiciary is imperative. Our judges must not only explain the meaning of the laws but of the constitutions as well, and if they are corrupt or are subservient to any particular interest or set of persons, justice will be "sold, delayed, and How able and honest judges can protect the people. denied," and the fundamental rights of freemen will be refused to us. An ignorant judge is but little less dangerous to the public welfare and to individual security than a corrupt justice, and every possible precaution must be taken to secure men of ability as well as of integrity. When, as is the case in most of the states, the salaries paid to the highest judges are but a tithe of the income of prominent lawyers, the honor of holding the position must be made the chief attraction to jurists of ability. If we elect as judges men of inferior standing, men whose business is politics rather than the law, or men who seek places on the bench through dishonorable means and who use them for personal or partisan ends, we must expect a judiciary that does not command respect, and which, in the long run, will defeat the popular will and bring our free institutions into disrepute. TEXT QUESTIONS 1. What classes of colonies were there before the Revolutionary War? 2. Why do the legislatures often fail to represent the people? What remedy has been proposed for that defect? 3. What special privileges has a legislator ? 4. Describe fully the process of making laws. 5. Why is the state legislature the most important part of our system of state and local government ? 6. Enumerate and explain the governor's powers. 7. Give the names and duties of the governor's colleagues. 8. Why is an upright judiciary especially necessary in a republic? 9. Explain the following terms: " census (§ 122), “gerrymandering" (§ 123), “bona fide resident" (§ 124), "mileage" (§ 124), "passes” (§ 124), "killed in committee” (§ 125), "the making and enforcement of contracts" (§ 126), "the transfer of 66 property" (§ 126), a "close state" (§ 127), "power of pardon (§ 128), cases are appealed" (§ 130), "fundamental laws " (§ 130). SUPPLEMENTARY QUESTIONS 1. How many senators are there in our legislature? What is their term of office? Do all retire at one time? 2. How many members are there in the lower house? What is their term and salary? 3. When are legislators elected and when does the legislature meet? 4. What is a quorum? How many constitute a quorum for each house? What vote is necessary to pass a bill, the first time? over the governor's veto ? 5. What are the principal defects of our legislatures? (T. Roosevelt, in his " American Ideals.") 66 6. Is proportional representation desirable? Is it practical? 7. Should we probably get better legislators if we paid larger salaries ? 8. If legislators receive "mileage," should they be allowed to accept railway passes? 9. Would it be better to have less state legislation ? (Consult Hart's "Actual Government," § 65.) 10. When and for what term was our present governor elected? What salary does he receive? II. Which powers mentioned in § 129 may be exercised by our governor? Has he any other important powers ? 12. Which of the governor's colleagues are elected and which ones appointed ? 13. Give the names of the governor and other important state officials? Who are the senator and representative from our districts at present? 14. Name the different courts in this state, giving the number of judges, their term of office, and the district over which they preside in each case. 15. On the working of state governments, consult Bryce's "American Commonwealth," abridged edition, pp. 366–378. 16. Why is "an ignorant judge but little less dangerous to the public welfare and to individual security than a corrupt justice" (132)? K State constitutions as the basis of state and local government. CHAPTER XII THE STATE CONSTITUTIONS 132. Introduction. We have now considered at some length the character of the state, city, and local governments, and the most important duties which these governments perform. The basis of this whole superstructure of government is the state constitution, which outlines the entire system of state and local government. This written document, which determines the character of all these governments, was adopted at some time in the past by the people of the state, and may be changed by them when a State consti- change becomes necessary. These state constitutions of ours are most essential, for they make possihistory. ble such governments as we have to-day, but it is well to bear in mind that we have them in their present form not only because of our needs at the present time, but for historical reasons as well. In other words, our state constitutions are as much the product of historical development as of our present political conditions. tutions as a product of The colonial In 133. The History of the State Constitutions. charter as an colonial times, when a colony was established, the constitution. king gave to the colony or its leaders a charter which undeveloped was a written document defining the limits of the land granted to the colony by the king and showing |