Sometimes a majority of the whole number of members elected to each House is required, or a majority exceeding a bare majority.

As to the method of taking the votes, e.g. by calling over the roll and recording the vote of each member.

As to allowing certain intervals to elapse between each reading of a measure, and for preventing the hurried passage of bills at the end of the session.

As to including in a bill only one subject, and expressing that subject in the title of the bill. Against re-enacting, or amending, or incorporating,

any former Act by reference to its title merely, without setting out its contents.1

The two latter classes of provisions might be found wholesome in England, where much of the difficulty complained of by the judges in construing the law arises from the modern habit of incorporating parts of former statutes, and dealing with them by reference.

Where statutes have been passed by a legislature upon a prohibited subject, or where the prescribed forms have been transgressed or omitted, the statute will be held void so far as inconsistent with the Constitution.

Even these multiform restrictions on the State legislatures have not been found sufficient. Bitted and bridled as they are by the Constitutions, they contrive, as will appear in a later chapter, to do plenty of mischief in the direction of private or special legislation.

1 Indiana and Oregon direct every Act to be plainly worded, avoiding as far as possible technical terms, and Louisiana (Constitution of 1879, § 31) says: "The General Assembly shall never adopt any system or code of laws by general reference to such system or code of laws, but in all cases shall recite at length the several provisions of the laws it may enact."

Although State legislatures have of course no concern whatever with foreign affairs, this is not deemed a reason for abstaining from passing resolutions on that subject. The passion for resolutions is strong everywhere in America, and an expression of sympathy with an oppressed foreign nationality, or of displeasure at any unfriendly behaviour of a foreign power, is not only an obvious way of relieving the feelings of the legislators, but often an electioneering device, which appeals to some section of the State voters. Accordingly such resolutions are common, and, though of course quite irregular, quite innocuous.

Debates in these bodies are seldom well reported, and sometimes not reported at all. One result is that the conduct of members escapes the scrutiny of their constituents; a better one that speeches are generally short and practical, the motive for rhetorical displays being absent. If a man does not make a reputation for oratory, he may for quick good sense and business habits. However, so much of the real work is done in committees that talent for intrigue or 66 management" usually counts for more than debating power.

CHAPTER XLI

THE STATE EXECUTIVE

The

THE executive department in a State consists of a governor (in all the States), a lieutenant-governor (in twenty-seven), and of various minor officials. governor, who, under the earlier Constitutions of most of the original thirteen States, was chosen by the legislature, is now always elected by the people, and by the same suffrage, practically universal, as the legislature. He is elected directly, not, as under the Federal Constitution, by a college of electors. His term of office is, in sixteen States, four years; in two States, three years; in eighteen States, two years; and in two States (Massachusetts and Rhode Island), one year. His salary varies from $10,000 (£2000) in New York and Pennsylvania to $1000 (£200) in Michigan. Some States limit his re-eligibility; but in those which do not there seems to exist no tradition forbidding a third term of office similar to that which has prevailed in the Federal Government since the days of Washington.

The earlier Constitutions of the original States (except South Carolina) associated with the governor an executive council1 (called in Delaware the Privy Council),

1 This is another interesting illustration of the disposition to reproduce England. Vermont was still under the influence of English pre

but these councils have long since disappeared, except in Massachusetts, Maine, and North Carolina, and the governor remains in solitary glory the official head and representative of the majesty of the State. His powers are, however, in ordinary times more specious than solid, and only one of them is of great practical value. He is charged with the duty of seeing that the laws of the State are faithfully administered by all officials and the judgments of the courts carried out. He has, in nearly all States, the power of reprieving and pardoning offenders, but in some this does not extend to treason or to conviction on impeachment (in Vermont he cannot pardon for murder), and in some, other authorities are associated with him in the exercise of this prerogative. He is commander-in-chief of the armed forces of the State, can embody the militia, repel invasion, suppress insurrection.

He appoints some few officials, but seldom to high posts, and in many States his nominations require the approval of the State Senate. Patronage, in which

the President of the United States finds one of his most desired and most disagreeable functions, is in the case of a State governor of slight value, because the State offices are not numerous, and the more important and lucrative ones are filled by the direct election of the people. However, in a few States the governor still retains the nomination of the judges. He has in

Maine was

cedents when it framed its Constitutions of 1786 and 1793. influenced by Massachusetts. None of the newer Western States has ever tried the experiment of such a council.

66

New York had originally two Councils, a "Council of Appointment," consisting of the Governor and a Senator from each of the (originally four) districts, and a Council of Revision," consisting of the Governor, the Chancellor and the judges of the Supreme court, and possessing a veto on statutes. The Governor has now, since the extinction of these two councils, obtained some of the patronage which belonged to the former as well as the veto which belonged to the latter.

many the power of suspending or removing certain officials, usually local officials, from office, upon proof of their misconduct (see Constitution of New York of 1846, Arts. v. and x.) He has the right of requiring information from the executive officials, and is usually bound to communicate to the legislature his views regarding the condition of the commonwealth. He may also recommend measures to them, but does not frame and present bills. In a few States he is directed to present estimates. He has in all the States but four a veto upon bills passed by the legislature. This veto may be overridden by the legislatures in manner already indicated (see p. 99), but generally kills the measure, because if the bill is a bad one, it calls the attention of the people to the fact and frightens the legislature, whereas if the bill be an unobjectionable one, the governor's motive for vetoing it is probably a party motive, and the requisite overriding majority can seldom be secured in favour of a bill which either party dislikes. The use of his veto is, in ordinary times, a governor's most serious duty, and chiefly by his discharge of it is he judged.

Although much less sought after and prized than in "the days of the Fathers," when a State governor sometimes refused to yield precedence to the President of the United States, the governorship is still, particularly in New England, and such great States as New York or Ohio, a post of some dignity, and affords an opportunity for the display of character and talents. It was in his governorship of New York that Mr. Cleveland, for

1 It deserves to be remarked that neither the Constitution of the Swiss Confederation nor any cantonal constitution vests a veto in any officer. Switzerland seems in this respect more democratic than the American States, while in the amount of authority which the Swiss allow to the executive government over the citizen (as witness the case of the Salvation Army troubles in Canton Bern) they are less democratic.