discussion before the house given. Having passed one house it is sent to the other by messenger and goes through a similar process there. If it is passed in the second house, it is returned to the originating house to be enrolled. The enrolled bill is then signed by the presiding officer of each house and presented to the governor for his signature. If the governor approves it, he signs it and then it becomes a law upon its publication. If, however, the governor does not approve it, he vetoes it by returning it without his signature, and before it can then become a law it must be again passed by both houses and must receive the required majority vote to override the governor's veto.8

The great number and complexity of the subjects upon which the state legislature is called to legislate, and the inexperience and lack of legal and expert knowledge of the members, has led to the establishment. in several states of legislative reference departments to assist the members in the preparation and passage of laws. Wisconsin under the direction of Dr. Charles McCarthy has taken the lead in this respect. These departments collect the laws and judicial decisions of the various states upon the subjects of legislation, information and data upon their success, social, economic, and political effects, and employ expert draftsmen to frame the laws in proper shape. These departments have undoubtedly raised the standards of social and economic legislation in those states and have

perhaps somewhat increased the number of bills introduced. Over twenty states now have such depart

ments.

(4) Powers of the State Legislature. According to the American constitutional system, as has already been pointed out, the state legislature has the power to enact any law which it is not forbidden to enact by either the federal constitution or the constitution of the state. But there are some very important limitations imposed by those constitutions, the most important being those of the constitution of the United States. Thus no state can lay or collect imposts or duties on exports or imports. No state can levy a tonnage tax without the consent of congress. Nor can a state tax the agencies or instrumentalities of the United States government, for the power to tax is the power to destroy. Again, the regulation of interstate commerce is given by the federal constitution to congress, and no state can pass any law regulating or in any way interfering with that. States are also forbidden by the constitution to pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts. Nor do the states have any power over the monetary systern, that being reserved for the regulation of congress. But by far the most important limitation is that imposed by the fourteenth amendment, which provides that "No state shall make or enforce any law which shall abridge the privileges or immuni

ties of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Other limitations are frequently imposed by the state constitution itself. Many states forbid the legislature to pass special laws where general laws are applicable, as in the case of municipal government. Frequently the constitution limits the amount of indebtedness which the state and its various divisions may incur. In recent years there has been a tendency to regulate many things through the provisions of the constitutions themselves, thus taking the matters treated out of the hands of the legislature. Thus the constitutions of several states prescribe home rule for cities, and transfer the power of charter making from the legislature to localities themselves. But perhaps the most important provisions of the state constitutions in this regard are those providing for the initiative, referendum, and recall, by which the power to initiate legislation and to veto the acts of the legislature is given to the people themselves. This question of direct legislation will be discussed in Part VI of the following volume and it is only necessary here to call attention to it as a farreaching limitation upon the powers of the legislature.

But notwithstanding these limitations, the powers of the state legislature are the most extensive of all legislative bodies in America, and cover the whole field of social and business, as well as political relationships. 10

II. The State Judiciary

The state judiciary, theoretically, has nothing to do with the making of laws; it merely interprets them. But in the interpretation of laws there is always great opportunity to expand or contract their application accordingly as they are liberally or strictly construed. We therefore hear in these days a great deal about court-made law. Undoubtedly the constitutions have been greatly expanded and developed by the courts, and justly so. They have been developed to keep pace with the changing social, economic, and political conditions. The courts, however, are after all quite responsive to public opinion, and few principles have been read into the constitution until long after public opinion has endorsed them. The functions of the judiciary are administrative and will be dealt with in the following chapter on State Administration. It only remains. to outline the organization of the judiciary as it is found in most of the states before taking up that important branch of the government.

The regular courts of most states are of four grades. First, there is the justice court, presided over by the justice of the peace. This is the lowest court and tries. merely petty offenses and civil cases not exceeding a certain amount, usually $250. The justice is usually elected and paid by fees. Next above the justice court is the county court. This court tries more serious cases and hears appeals from the justice court. Above

the county court is the circuit court. The circuit court, so-called because the judge used to go on a circuit holding court in different counties, has jurisdiction over several counties, as a rule, and has full jurisdiction irrespective of the amount of the controversy or the seriousness of the offense. And above all the courts of the state is the supreme court, or court of appeals, as it is sometimes called. In the other courts of the state but one judge presides; but the supreme court is composed of a chief justice and usually from two to eight associate justices. This court has jurisdiction over the entire state, and its decision is final in all cases except those involving questions of constitutionality under the federal constitution. The bulk of its work is hearing cases appealed from lower courts.

In addition to these regular courts, there are certain special courts. Thus in many cities there are municipal courts of various jurisdiction from the justice to the circuit courts. In many of the larger cities there are juvenile courts for the trial of juvenile delinquents, instead of trying them in the regular courts and starting them off in life with a court record. These are more in the nature of probation courts. Denver, under the leadership of Judge Lindsey, and Indianapolis have been most prominent in this direction. Then there are probate courts in many states which settle the estates of deceased persons, and handle matters relating to wills, inheritances, and the affairs of minors and orphans. And in some states there are still separate