CHAPTER XI. Executive Department. 210. INTRODUCTION This second department of the state government is similar to the same department of the nation. It is the department which executes the laws passed by the legislature or by the people. It must be understood, however, that this department does not see to the execution of all the laws so passed, for the state legislature passes many laws which must be executed by county, city, township and school officers. These municipal and quasi-municipal corporations are given executive authority by laws passed by the legislature, and not by authority of laws passed by the corporations themselves. For example, the state levies a tax, but the county auditors spread the tax, that is, assign to each man or piece of property the particular part he or it shall pay of the total, and the county treasurers collect the same by authority granted by the state legislature and not by authority of the Board of County Comissioners. Nevertheless, county officers are not to be considered executive officers of the state, but of the county. We found that two national executive officers were elected by the people, and those two by indirect method, namely, by an electoral college elected for the purpose. There are many state executive officers who are elective and there are also a number who are appointive. Their names and special duties will appear as we proceed, but it may be stated here that the state officers are expected to carry out the will of the people as expressed in the laws passed by the legislature, the principal duties of each officer being prescribed in all cases by the laws themselves. 211. GOVERNOR Any qualified elector of the state, who has resided in the state for two years next preceding the election and who has reached the age of thirty years is eligible to the office of Governor. This is considered one of the highest offices which the citizens of a state can confer upon any of its citizens. The office of United States Senator is also of great importance and greatly sought after, for the term of office is longer, and the opportunity for distinguished service is very great. In many states the salary of the Governor is larger than that of a Senator, but in our state the Governor receives but three thousand dollars. The Governor's powers may be classed under several heads as follows: legislative, judicial, appointive, military and law enforcing. 212. LEGISLATIVE POWERS In order to place the legislature in the best possible condition for doing its work, the Governor is required to place before it in a communication, the condition of the state, giving complete reports of all state officers. He is also expected to make any recommendations which he thinks will be of service to the legislature in wisely providing for the welfare of the state. While these are not true legislative powers, the information is very helpful in legislative work. The signing of bills and the exercise of the veto are true legislative powers. These were explained in the former chapter. 213. THE GOVERNOR'S JUDICIAL POWER The Governor has power to remit fines imposed by the courts, to grant re prieves, commutations and pardons after conviction, except for treason and in cases of impeachment, but where the conviction is for a serious crime, he must first have a sufficient recommendation from a board of pardons, after a full hearing. 214. THE GOVERNOR'S The Governor's ap APPOINTIVE POWER pointive power is important because of the important offices which must be filled, but when compared with similar power of the President, it is insignificant. The elective officers of the state appoint their own subordinates but the laws provide that the Governor shall make certain appointments, among the most important positions, being Adjutant General, Public Examiner and Superintendent of Banks, Executive Accountant, Mine Inspector, State Geologist, State Veterinary Surgeon, Pure Food and Drug Commissioner, Commissioner of Insurance, Game Warden, State Board of Health, five Regents of Education, five members of the Board of Charities and Correction, three Tax Commissioners, Board of Health and Medical Examiners and a number of other boards and officers. 215. THE GOVERNOR'S MILITARY POWER acting within the state. The Governor is commander-in-chief of the state militia when it is If the militia is called into the service of the nation, it is usual to have it remustered as volunteers of the nation and in that case the President is commander-in-chief. As head of the militia, the Governor may call it out to execute laws, suppress insurrection and repel invasion, may modify findings of military courts, and may pardon military convicts. He appoints his Staff officers, consisting of the Adjutant General, Regimental Surgeons, and not to exceed ten aids-de-camp, who rank as Colonels. 216. THE GOVERNOR'S LAW ENFORCING The powers of enforcing the laws of the state are not primarily in the hands of the Governor, but are delegated to the several State's Attorneys, located one in each county of the state, who institute proceedings against those who violate the law, especially the criminal laws of the state, and to the several sheriffs, also located one in each county, who execute the decree of judgments of the court in civil and criminal actions. If these officers fail or refuse to do their duties in law enforcement, the Governor may request the Attorney General, a state officer, to proceed and compel them to take such action as the facts warrant. If they refuse, they may be removed from office. If the Governor does not do his duty, he may be impeached and upon con viction, removed from office. But this can hardly happen except during the first sixty days of his term of office as the legislature cannot meet without being called in session by the Governor, who, of course, would fail to make a call for a special session if there is a probability that he would be impeached and tried. While the Constitution and his oath makes him a law enforcing officer, he is really so as an urging, rather than as a compelling force. 217. INFLUENCE IN LEGISLATION The Governor is prohibited from receiving any bribe in any manner for his influence, from promising his influence to any member of the legislature for his influence or vote in return upon any measure, from menacing anyone with his veto power, from promising to appoint any particular person to office for the vote or influence of any member, or from threatening to remove any one unless a member or members vote for or against certain measures. For such conduct he forfeits all rights to office in the state, and may be prosecuted and punished. 218. LIEUTENANT GOVERNOR The Lieutenant Governor is required to possess the same qualifications as the Governor, for he is elected primarily to fill the office of Governor in case of the death, resignation or disqualification of the Governor. For this reason only can he be classed as an executive officer. Under the Constitution he has no executive duties what |