they are right time will show it. Historically, this division of power in cases of impeachment is derived from the constitution of the United States, which has derived it from the practice in England.

The senate has also the sole power of confirming or rejecting the appointments of the governor.

Forbidden Laws.-In addition to the laws forbidden in that part of the constitution called the bill of rights, the legislature is usually forbidden to pass laws authorizing any lottery; or granting divorces; or giving state aid to private corporations; or involving the state in debt, except in case of war or other emergency.

Pertinent Questions.

Define constitution. What is a law? What is meant by common law? Statute law? Equity?

By reference to the comparative legislative table in the appendix, tell the most common name applied to the legislative body; any peculiar names; the names most commonly applied to the respective houses; the usual qualifications of members; the frequency of regular sessions, and the month of meeting most usual. Why is this time of year so uniformly chosen? What relation do you see between the frequency of sessions and the term of members? What is the relation between the terms of the respective houses? How does the number of senators compare with the number in the lower house? What state has the largest house? The smallest? Why is the term senate so common? Look up the derivation of the word. In what section of the country are the terms the shortest? Can you account for this? Which states require the highest qualifications in members?

Find out whether in your state there are any requiremen's not given in the tabulation. By reference to the legislative manual or other source of information find out any other facts of interest, such as the names of the speaker and other legislative officers; the number of your senatorial district, and the name of your senator; of your representative district, and the name of your representative; what committees are appointed in each house, and on which your local representatives are, and how they came to be selected for these particular committees; how vacancies are filled in the legislature; any contested elections that have occurred in your state and the basis of the contest; some of the important rules of parliamentary practice;

the salary paid members in your state; any cases of impeachment, the charge, and the outcome; other forbidden laws.

If two persons claim the same seat in the senate, who will decide between them? In the lower house? What are the returns, and where are they kept? What appeal from decision is there? If your legislature is now in session, write to your representatives asking them to send you regular reports of the proceedings. Don't expect to get such reports for the whole session, however; that would be asking too much. From the newspapers, report on Monday the principal proceedings of the previous week. Have you ever seen a legislature in session? What is to keep a member of the legislature from slandering people?

State five powers which can be exercised only by the senate. Five, in some states four, which can be exercised only by the lower house.

Are you elegible to the legislature? If not, what legal qualifications do you lack? Could a member of the legislature be elected goveror or United States senator?

At the last election did you preserve any of the tickets? Could you secure any of the ballots that were actually used in voting? Why?

CHAPTER XIII.

THE EXECUTIVE DEPARTMENT.

Officers. The chief executive office in every state is that of governor. There is in each a secretary of state and a state treasurer. Most states have also a lieutenant governor, a state auditor or comptroller, an attorney general, and a state superintendent of public instruction. In nearly every case these offices are created by the state constitution.

Eligibility.-The qualifications required in the governor and lieutenant governor are age, citizenship of the United States, and residence within the State. The age qualification is required because the responsibilities are so great as to demand the maturity of

judgment that comes only with years. The requirement of citizenship and that of residence are so obviously proper as to need no comment.

For the other offices the qualifications required in most states are simply those required in a voter.*

Election.—In every state the governor is elected by the people, and in most states the other officers are also. In a few states, some of the officers are chosen by the legislature on joint ballot, or are appointed by the governor and confirmed by the senate.

Term. The terms of office of the governors are given in the table. Unless otherwise stated, the term of the other officers in each state is the same as that of the governor thereof. For the highest efficiency the term of a state officer should not be very short, two years being better than one, and four years better than two. When the term is four years, it may be well to limit the number of terms for which an officer may be elected. In some cases this is done.

Removal.-These officers and the others provided by statute may be removed on impeachment by the house. of representatives, and conviction by the senate.

Vacancy. For the office of governor there is in every state a line of succession appointed in its constitution. By reference to the comparative table, it will be seen that there is considerable uniformity in the order of succession. In case of a vacancy in any of the other elective offices, the most usual plan is for the governor to make a temporary appointment until a new election can be held. If the vacancy is in an appointive office, the appointment is usually good until the end of the next session of the legislature.

* For which see page 300.

Salary. The salary attached to each office is usually fixed by law, subject to the constitutional limitation that it shall not be increased nor diminished during the term of the incumbent. See See page 294.

THE DUTIES OF THE OFFICERS.

Governor.-The great, the characteristic duty of the governor is to see that the laws are faithfully executed. Since this may sometimes require force, he is made by the constitution commander-in-chief of the military and naval forces of the state, and may call out these forces to execute the laws, suppress insurrection, or repel invasion.

He appoints, "by and with the advice and consent of the senate," notaries public, and such other officers as may be provided for by law. The advice of the senate is rarely if ever asked. But its consent must be obtained to make any such appointment valid.

As his duties continue through the year and have to do with the whole state, and as he may require the opinion, in writing, of the principal officer in each of the executive departments upon any subject pertaining to the duties of their respective offices, he is supposed to know more than any other person about the situation and needs of the state as a whole; and it is, therefore, made his duty to communicate by message to each session of the legislature such information touching the affairs of the state as he deems expedient. The regular message is sent at the opening of the legislative session, and special messages at any time during the session as they seem to be needed. On extraordinary occasions he may convene the legislature in exta session.

To place another obstruction in the way of hasty legislation, the governor has a limited veto on all legislation.*

In the administration of justice mistakes are sometimes made. An innocent person may be found guilty, or a guilty person may be sentenced too severely, mitigating circumstances appearing after sentence is passed. For these and other reasons, there should be power somewhere to grant reprieves, commutations, and pardons. In most of the states this power is vested in the governor. It does not, for obvious. reasons, extend to cases of impeachment. Many thoughtful people, including some governors and exgovernors, question very seriously the wisdom of this absolute assignment of the pardoning power. One suggestion by way of limitation is that no pardon issue except upon recommendation of the judge of the court in which conviction was wrought.

Lieutenant Governor.-As may be seen by reference to the comparative table, several of the states have no such officer. The office is designed simply to save confusion in case of a vacancy in the office of governor, in which case the lieutenant governor acts as governor during the vacancy. To give him something to do the lieutenant governor is ex officio president of the senate. In most of the states, he has no voice in legislation, except a casting vote in case of a tie. But in some states, as indicated in the comparative table on page 294, he can debate in committee of the whole.

State Treasurer. This officer has duties and responsibilities similar to those of a county treasurer.

*See comments on the president's veto, page 150.

In case of a vacancy in the office of lieutenant governor, the senate chooses one of its own number to act as president pro tempore.