other to be considered and acted upon in the same manner; and if agreed to by that house also, without alteration, the bill is passed. If a bill is amended in the second house, it must be returned to the first, and the amendments agreed to, or the bill is lost. Some bills are sent several times from one house to the other with amendments, before they are agreed to by both houses.

§ 13. In a majority of the states, a bill, after it has passed both houses, is to be sent to the governor to be approved and signed by him, as in Great Britain bills passed by parliament, are sent to the king for his approval. In refusing to sign a bill, he is said to negative or veto the bill. (Chap. V. §4.) No executive, however, in this country, has the power of an absolute negative upon acts of legislation, as in monarchies, where no laws can be enacted without the approval of the executive. Our constitutions provide for the enactment of laws, notwithstanding the veto of the governor; hence he has only a qualified negative.

§ 14. If a governor refuses to sign a bill, he must return it to the house in which it originated, stating his objections to it; and if it shall be again passed by both houses, it will be a law, without the governor's approval. But in such cases greater majorities are usually required to pass a law. In some states, a majority of two-thirds of the members present is required to pass a bill returned by the governor; in others a majority of all the members elected to each house. Or if the governor does not return a bill within a certain number of days, it becomes a law without his approval, or without being considered a second time.

§ 15. It may be asked, Why should bills be sent to the governor for his approval? For the same reason as that for which a bill passed by one house is sent to the other. Bills are sometimes passed hastily, and without due information. Legislatures are therefore divided into two branches; and a bill having passed one house is sent to the other, where any mistakes may be detected, and the bill either amended or rejected. But errors are sometimes committed by both houses. Therefore to guard still more effectually against the enactment of bad laws, it is provided that the governor also shall examine bills. But as it would be unsafe to invest any one man with an absolute negative upon all bills, the governor is required to return such as he does

not approve, to be passed, if possible, in the manner prescribed by the constitution.

§ 16. To prevent sessions of the legislature from being protracted to an unnecessary length, a few state constitutions limit them to a certain number of days, or state the number of days for which the members shall receive pay. But the expediency of such a provision is doubted. Important measures are often hurried through without due consideration, or are arrested in their passage by an untimely adjournment.

§ 17. The compensation of members of the legislature is fixed by the constitution, in some states, in others by law, and paid out of the treasury of the state.

CHAPTER XVI.

EXECUTIVE DEPARTMENT.-GOVERNOR

AND LIEUTENANT

GOVERNOR; SUBORDINATE STATE OFFICERS.

§ 1. THE chief executive power of a state is, by the constitution, vested in a governor. He is assisted in the administration of the government by several subordinate executive officers. The governor is chosen at the general annual election; in South Carolina by the legislature. The terms of office are not the same in all the states. In the six New England states, the governor is chosen annually; in the other states for different terms of two, three, and four years.

§ 2. The qualifications of governors are also different in different states. To be eligible to the office of governor, a person must have been for a certain number of years a citizen (in some states a native born) of the United States; and for a term of years preceding his election a resident of the state. He must also be above a certain age, which, in a majority of the states, is at least thirty years; and in some of the states he must be a freeholder.

§ 3. The powers and duties of a governor are numerous. Some of those usually mentioned in a constitution are the

following: He sends to the legislature at the beginning of every session, a message, containing a statement of the general affairs of the state, and recommending such measures as he shall judge to be expedient. It is his duty also to see that the laws are executed, and to transact all necessary business with the officers of government. § 4. A governor has power also to grant reprieves and pardons, except in cases of impeachment, and in some states, of treason also. To reprieve is to postpone or delay the execution of the sentence of death upon a criminal. A pardon annuls the sentence and exempts him from punishment. A governor may also commute a sentence; which is to exchange a penalty or punishment for one of less severity.

§ 5. The governor has power also, in some states, with the consent of the senate, to appoint the higher militia officers, and certain civil officers in the executive and jadicial departments. In a few of the states, there are executive councils, whose advice and consent are required in such cases. In making such appointments, the governor nominates, that is, he names to the senate, in writing, the persons to be appointed. If a majority of the senators present consent, the person so nominated is appointed. Many other powers and duties are by the constitution devolved upon the governor, as will be seen hereafter.

§ 6. The duties of a lieutenant-governor are not numerous. He is president of the senate, as has been stated, but has only a casting vote therein. The principal object in electing this officer seems to be, to provide a suitable person to fill the office of governor in case of vacancy. In nearly one half of the states, the office of lieutenant-governor does not exist.

7. When the lieutenant-governor acts as governor, the senate chooses from its own number a president. And if the offices of both the governor and lieutenant-governor should become vacant, the president of the senate must act as governor. In states where there is no lieutenant-governor, the duties of the governor, in case of vacancy, devolve upon the speaker of the senate; and if the office of the speaker of the senate also becomes vacant, then the speaker of the house of representatives acts as governor.

§ 8. Among the executive officers who assist in the ad

ministration of the government, there are in every state either some or all of the following: a secretary of state; a controller, or auditor; a treasurer; an attorney-general; and a surveyor-general. The mode of appointment and the terms of office, are prescribed by the constitution or by law. In some states, these officers are appointed by the governor and senate; in others by the legislature; and in others they are elected by the people. These officers keep their offices at the seat of government of the state.

§ 9. The secretary of state keeps a record of the official acts and proceedings of the legislature and of the executive departments, and has care of all the books, records, deeds of the state, and parchments, and of all the laws enacted by the legislature, and all other papers and documents required by law to be kept in his office.

§ 10. It is the duty of the secretary of state to see that the laws are published. He causes accurate copies to be made of all the laws passed by the legislature, and published in one or more papers, as directed by law. And after the close of each session of the legislature, he also causes the laws to be printed and bound together in a volume, and distributed. Copies of the laws thus bound, are deposited in the public offices of the state, for the use of the officers of the government; and a copy is sent to each county and town clerk, to be kept in their offices for the use of the people who wish to examine the laws. Copies are also sent to certain officers of the government; and one or more copies are exchanged with each of the states, for copies of their laws to be kept in the state library. Various other duties devolve upon the secretary of staté.

§ 11. The state auditor, in some states called controller, manages the financial concerns of the state; that is, the business relating to the money, debts, land, and other property of the state. He examines and adjusts all accounts and claims against the state, and superintends the collection of moneys due the state. When money is to be paid out of the treasury, he draws a warrant (a written order) on the treasurer for the money, and keeps a regular account with the treasurer of all moneys received into and paid out of the treasury. He reports annually to the legislature a statement of the funds of the state, and of its income, and its expenditures during the preceding year.

§ 12. The treasurer has charge of all the public moneys that are paid into the treasury, and pays out the same as directed by law. And he is required to keep an accurate account of such moneys, specifying the names of the persons from whom received, to whom paid, and for what purposes. He also exhibits annually to the legislature a statement of moneys received and paid out by him during the preceding year, and of the balance in the treasury.

§ 13. Auditors and treasurers, and other public officers intrusted with the care and management of money or other property, are generally required, before they enter on the duties of their offices, to give bonds, in sums of certain amount specified in the law, with sufficient sureties, for the faithful performance of their duties. The sureties are persons who become responsible to the state for all damages arising from neglect of duty on the part of the officers, not, however, exceeding the sum mentioned in the bond.

§ 14. The attorney-general is a person learned in the law, appointed to manage law-suits in which the state is interested. He prosecutes persons indebted to the state, and causes to be brought to trial persons charged with certain offenses. He also gives his opinion on questions of law submitted to him by the governor, the legislature, and the heads of the departments. In some states, there is no attorney-general; suits in which the state is concerned being conducted on the part of the state by the state's attorney for each county.

§ 15. The surveyor-general superintends the surveying and selling of lands belonging to the state. He keeps in his office maps of the state, describing the bounds of counties and towns; and when disputes arise respecting the boundaries, he causes surveys to be made, if necessary, to ascertain such bounds. These and other similar duties he is by law required to perform. In some states there is no surveyor-general, the duty of that office being devolved upon a county officer.

§ 16. There is also, in many states, a state superintendent of common schools, or as he is sometimes called, superintendent if public instruction, whose general duties are described in a subsequent chapter.

§ 17. There are in every state one or more persons employed to do the public printing. A printer chosen