Among much diversity of organisation in the state governments one feature is common-the separation of legislative, executive and judicial. This separaSeparation tion is more stringent in the states than in the

of Powers

in the States.

central government, and in some respects more harmful, e.g., in the election of judges by the people in order to avoid any possible subservience of the judiciary to the executive.

The

ures.

Powers, Or

Procedure,

etc.

Each state has a bicameral legislature. Both the houses are elected on the suffrage basis already noted in connexion with the federal government. The Legislat- upper house is called the Senate, the lower the House of Representatives. Both together are ganisation, known by different names in different states, e.g., in New Jersey the "General Assembly,' in Virginia the "House of Delegates." ." The senates have fewer members than the lower houses, the electoral areas for senators being wider than those for representatives. Representatives are usually elected for two years, senators for four; one-half of the senate is renewed every two years. Both senators and representatives are paid at the same rate. Both must be citizens, though the minimum period of citizenship varies. Usually an age limit is set (senators from twenty-one to thirty, representatives from twenty-one to twenty-five). Other qualifications such as residence in the state, or electoral district-are as a rule necessary. The legislatures of the states theoretically are competent to deal with all matters not reserved specifically for the federal government. But the state constitutions themselves have self-imposed restrictions, so that in certain states neither the federal legislature nor the state legislature can deal with some subjects. The state constitutions, further, frequently impose limits on the length of sessions, and contain rules for the conduct of legislation, even to great detail. All these limitations are meant to secure

Power of Legislat

ures:

1

the interests of the people against any possible legislative tyranny. In most constitutions the arrangement of procedure and other details are left to the houses themselves.

ion of State Houses.

The organisation of the houses in the majority of cases is like that of the federal legislature. The lower houses usually elect a Speaker as president. In the Organisat upper houses the equivalent of the vice-president in the federal Senate is the lieutenantgovernor. Bills are passed as in Congress, though there are local varieties in the amount or type of majority required. The Standing Committee organisation prevails in the state legislatures, just as in Congress, for the same reasons and with the same results. The two state houses have similar duties, though in some states money bills must originate in the house of repres entatives. The senates act as courts in cases of impeachment by the houses of representatives. The senates, too, have in some cases the power to confirm or reject appointments made by the governors.

Executives.

The chief executive official in the states is the governor. He is chosen by the direct vote of the people over the whole state. The term of office varies from two The State to four years, but two states (Massachussetts and Rhode Island) elect their governors for one year only. The governor as a rule must be a citizen of some years' standing (the period varies from two to twenty years). Many states have lieutenantgovernors. All have secretaries of state, whose duties are the keeping of state records, the registration of the official acts of the governor, keeping and affixing the state seal, keeping records of titles to property, and such other duties as belong to a public record office, Other officials are the state treasurers and the attorney-general, whose duties are denoted by their names. The comptroller, or public accountant, under whose warrant the state treasurer

pays out public monies; the auditor; and the superintendent of education are other officials which exist in some states and not in others. In a few states councils are associated with the governors.

eto., of

State

66

Like the governors, the state officials are elected by the people. In this respect there is a marked difference between the federal and the state practice. The Method of President of the United States himself_nomiChoice, Functions, nates his Cabinet or chief officials. In the states, the officials are elected by the people, Executives. and are largely independent of the governor. The governor therefore is not the executive in the same sense as the President: he is only a part of the executive, with little or no control over the other parts of it. In the states all the officers theoretically serve the people, not the governor. Their responsibility from the governor downwards is to the people, and to the law of the state. The only method of removal is impeachment before the Senate by the House of Representatives.

In the American states the central offices of government do not control administration in the same way as in other countries. They are supervisors only.

Work in

The

Peculiar real work of administration is done by the Character fi of Executive officials of the local bodies. Even in educatthe States, ion, which usually is looked on as requiring much central co-ordination and control, the state superintendent of education as often as not is merely a supervisor. The real powers in education are the local authorities.

Duties of

7

Thus the governor has very little real power. He is the nominal more than the real administrative chief. His duty is to see t to the faithful administration of Powers and the laws, as far as his powers allow. He is the commander of the state militia. He has to inform the legislature regarding affairs in the state and he may recommend measures. He cannot present bills to the legislature, though, in some states, he

the

Governor.

presents estimates. On the requisition of a certain number of members, he may call extra sessions of the legislatures. In all but two states the governor has a veto on legislation, but his veto may be over-ridden by the two houses, usually by a special (two-thirds or threefifths) majority. He has certain powers of clemency, of granting pardons, remitting fines, etc. His power of appointment, as we have seen, is small.

The State
Judiciary.

The judicial system of the states is quite distinct from the federal judicial system. Each state has its own jud icial system, with a complete organisation and its own procedure. The only effect federal government has on these courts is the limitation of subjects which may be dealt with by the state courts.

The organisation of the state courts is so varied that only a general outline can be given here. (1) The lowest courts are those of the Justices of the Peace, or, in cities, the Police Judges. They have jurisdiction over petty cases, both civil and criminal; they conduct enquiries in graver offences and commit prisoners for trial in higher courts. (2) The next grade is the County or Municipal Courts. They hear appeals from the lower courts, and have wider jurisdiction in civil and criminal cases. (3) Circuit Courts, which hear appeals from both the lower grades and have a still wider jurisdiction than the County or Municipal Courts. Sometimes they have permanent judges: sometimes they are held by the judges of the Supreme Court on circuit. (4) The highest court is the Supreme Court, or court of final appeal, in which there is a Chief Justice and Associate Judges. This court is appellate only.

There are many varieties of this general scheme. In some states there are courts for special purposes, especially probate courts, for the administration of estates, proof of wills, etc.

the

寫

Appoint.
Judges.

One of the most distinctive features in the state judicial organisation is the method of judicial appointment. As a rule the judges are elected by the people. In some cases they are elected by the legislature; ment of in other cases they are appointed by the governor with the advice and consent of the senate. The term of appointment varies from two years, to tenure during good behaviour. In regard to qualifications, only a few states insist on members of the legal profession being chosen. As a matter of fact, members of the legal profession as a rule are chosen. Age limits (from twenty-five to thirty-five years), residence, citizenship and other such qualifications usually exist.

The ministerial officers of the courts are also elected, e.g., the sheriff. Even the court clerks are elected in some states. The elections take place by the areas served by the courts. The judges of the Supreme Court are elected by the whole state.

4. LOCAL GOVERNMENT IN THE UNITED STATES.

General
Features

of Local Government.

It is impossible to give here more than the general features of American local government. The local varieties of organisation are very numerous, but American local government lacks the complexity of organisation that exists in England. This is largely due to the fact that the evolution of American local government was a conscious process. The areas were established for definite ends and purposes, and, though the original plan of local government was borrowed from England, the makers were free from the historical conditions which make the English system so complex.

Certain salient features of American local government may be noted.