appoints members of state boards and non-elective state officers, by and with the advice and consent of the senate. He may fill vacancies in state offices and remove public officers for cause or upon proper investigation and proofs of misconduct or incompetency.

State Boards.—The governor is ex officio a member of the state board of corrections and charities, boards of control of the Industrial School for Boys, Industrial Home for Girls, State Prisons at Jackson, Marquette and Ionia, board of managers of Michigan Soldiers' Home, board of agriculture, board of food examiners, boards of control state swamp lands, St. Mary's Falls ship canal, and the Portage Lake and Lake Superior ship canal, board of geological survey and board of control of railroads.

Requisitions. When it is desired to apprehend a person charged with an offense in another state, or to secure the return of one who has escaped, a requisition is made by the governor of the state in which the act was committed upon the governor of the state in which the person then is. Application is made to the governor by the prosecuting attorney of the county in which the offense was committed. The prosecutor must certify the full name of the person for whom extradition is asked, the nature of the offense, that sufficient evidence is at hand to convict, and that the ends of justice demand the return. The governor upon whom the requisition is made is free to use his own judgment in granting or denying the request.

Substantially the same proceedings are required to obtain from Michigan a person desired in another state. The surrender of persons who have fled to a foreign country are much the same, but are made through the federal authorities. Executive Office. The private secretary to the governor is in charge of the executive office, and has charge of the correspondence and clerical work except such as requires

the personal attention of the governor. The executive clerk assists in the work of the office, and is secretary of the advisory board of pardons.

Home Study Questions.

Who was the "boy governor ?"

Has any governor ever served more than two terms? Is the office of lieutenant governor a stepping stone to the governorship?

In case of the death of the governor, who would succeed him?

Under similar circumstances, who would succeed the lieutenant governor?

Compare the offices of governor and lieutenant governor. Compare the offices of lieutenant governor, as president of the senate, with the speaker of the house.

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CHAPTER XVII.

JUDICIAL DEPARTMENT.

Section 1.-(Article VI, Constitution of Michigan).— The judicial power is vested in one supreme court, in circuit courts, in probate courts, and in justices of the peace. Municipal courts of civil and criminal jurisdiction may be established by the legislature in cities.

The judicial power is that department of government which hears and determines controversies between parties and expounds the law and legislative enactments. The whole judicial power of the state is vested in the courts and officers named with the exception of those relating to circuit court commissioners and courts of conciliation as mentioned in sections sixteen and twenty-three. Certain municipal courts have been organized which will be spoken of under that head.

Section 2.-For the term of six years and thereafter, until the legislature otherwise provide, the judges of the several circuit courts shall be judges of the supreme court, four of whom shall constitute a quorum. A concurrence of three shall be necessary to a final decision. After six years the legislature may provide by law for the organization of a supreme court, with the jurisdiction and powers prescribed in this constitution to consist of one chief justice and three associate justices, to be chosen by the electors of the state. Such supreme court, when so organized, shall not be changed or discontinued by the legislature for eight years thereafter. The judges thereof shall be so classified that but one of them shall go out of office at the same time. The term of office shall be eight years.

The supreme court organization was continued according to the provisions of the constitution, until 1857, when the legislature organized a supreme court consisting of a chief justice and three associate justices. The number was increased to five in 1887 and the term increased to ten years. The legislature of 1903 reorganized the supreme court by increasing the number of judges to eight and reducing the term to eight years, two going out of office each two years. They receive a salary of $7,000.00, and reside at Lansing while in office. The duties of chief justice devolve upon one of the two judges whose term soonest expires. The one having served the longer is chief justice the first year. If both have served the same length of time the senior justice (in years) acts as chief the first year.

Section 3.-The supreme court shall have a general superintending control over all inferior courts, and shall have power to issue writs of error, habeas corpus, mandamus, quo warranto, procedendo, and other original and remedial writs, and to hear and determine the same. In all other cases it shall have appellate jurisdiction only.

A writ of error is a process issued by a court of review to the inferior court suggesting that error has been committed and requiring the record to be sent up for examination. (Cent. Dict.)

Habeas Corpus is a writ issued by a judge or court requiring the body of a person to be brought before the judge or before the court that the lawfulness of the restraint may be investigated and determined. (Cent. Dict.)

Mandamus is a writ issuing from a superior court directed to an inferior court, an officer, a corporation or other body requiring the person or persons addressed to do some act therein specified as being within their office or duty as to admit or restore a person to an office or franchise or to deliver a paper or affix a seal to a paper, etc. (Cent. Dict.).

Quo Warranto is a writ calling upon a person or body of persons to show by what warrant they exercise a public office, privilege, franchise or liberty. (Cent. Dict.)

Procedendo is a writ which issues when an action is removed from an nferior to a superior jurisdiction by habeas corpus, certiorari or writ of privilege and it does not appear to such superior court that the suggestion upon which the cause has been removed is sufficiently proved; in which case the superior court by this writ remits the cause to the court from whence it came commanding

the inferior court to proceed to the final hearing and determination of the same. (Bouvier's Law Dict.)

Appellate jurisdiction is that which a superior court has to rehear causes which have been tried in inferior courts.

Section 4.-Four terms of the supreme court shall be held annually at such times and places as may be designated by law.

Four terms of the supreme court are held annually commencing Tuesday after the first Monday of January, April, June and October at the supreme court room at the capitol in Lansing. The court may hold special or adjourned sessions.

The officers of the court are clerk, reporter and crier. The clerk keeps accurate minutes of the proceedings of the court and has the custody of all the records, seals, books and papers belonging to the court. The reporter prepares all decisions of the court and publishes them as frequently as is necessary. The state librarian is authorized to sell the reports or exchange them for reports from other states or law books as the chief justice may direct. The crier has charge of the court room and all rooms in the capitol assigned to the justices and performs other duties and labor as directed by the court.

Section 5.-The supreme court shall, by general rules, establish, modify, and amend the practice in such court and in the circuit courts, and simplify the same. The legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of master in chancery is prohibited.

The justice administered by the courts of law is limited by the principles of law which are to a great extent positive and inflexible. The courts of equity do that equitable justice between parties which the case demands. Master in chancery had much the same duties as our present circuit court commissioners.

Section 6. The state shall be divided into judicial circuits, in each of which the electors thereof shall elect one circuit judge, who shall hold his office for a term of six