United States prison. There are many other affairs that are regulated by the national government, and with these affairs the state has nothing to do.

Three Departments of State Government. Each of the states of the Union has its written constitution, and this provides for (1) a law-making department, called the state legislature in South Dakota, (2) a law-enforcing department, the governor being the principal executive officer, and (3) a law-applying department in the courts of the state. Thus the state legislature has passed laws regulating insurance and fire protection. If these laws are violated the accused person is arrested by a sheriff, constable, or policeman, is tried before a judge of the state courts, and if sentenced to prison he is taken to the state penitentiary. In all of these matters the national government has no part whatever.

Affairs are not always so simple as in these two cases, for some are regulated in part by the nation and in part by the state. On the whole, however, the beginner would do well to think of these two governments as completely separate and independent, each with its own powers and a complete set of officers. The federal officers have nothing to do with state laws and state officers* have nothing to do with federal laws.

A Republic Within a Republic. The United States is a republic because the government is carried on by officers chosen by the people. For the same reason South Dakota is a republic, and we have already noticed that the name "Dakota" has the beautiful meaning, “A Republic of Friends." Thus each state of our Union is a republic within a republic, each with its own laws, powers and duties. The following in parallel columns shows the general plan of the federal government and of the state government:

*County, township, city, town and school district officers are, strictly speaking, state officers within the county, township, etc. Thus the county sheriff arrests any who violate state laws within his county. (See Chapter xi.)

UNITED STATES. CONGRESS meets once a year at Washington, D. C., and makes laws for the nation.

Consists of two bodies of men, a senate and a house of representatives.

The federal senate is made up up two senators from each state, chosen by the state legislature. Term six years.

The presiding officer is the Vice President of the United States.

The federal house of representatives is made up of representatives elected by the different states; the number from a state depends upon its population. Term two years.

The presiding officer is called the speaker.

EXECUTIVE PRESIDENT of the United States, the chief executive officer. Elected for four years.

Many other federal officers to enforce federal laws.

Vice-President of the United States, fills vacancy in office of President.

Is president of the U. S. senate. JUDICIAL UNITED STATES COURTS, with judges and other officers to decide whether a federal law has been violated or applies in a given case. Judges appointed by President. United States Supreme Court. Nine judges, meet at Washington. Appointed for life.

Sev

United States circuit courts. Nine in the United States. eral judges in each circuit. pointed for life.

Ap

United States District Court. At least one for each state. One judge in each United States district, appointed for life.

(U. S. has no court corresponding to this. Court commissioner is nearest like it.)

SOUTH DAKOTA. LEGISLATURE meets once every two years at Pierre and makes laws for the state.

Consists of two bodies of men, a senate and a house of representatives.

The state senate is made up of senators elected by the voters of districts made up of one or more counties. Term two years.

The presiding officer is the Lieutenant-Governor of the state.

The state house of representatives is made up of representatives elected by the voters of districts consisting of one or more counties. The number from any district depends upon its population. Term two years.

The presiding officer is called the speaker. DEPARTMENT.

GOVERNOR of South Dakota, the chief executive officer. Elected for two years.

Many other state officers to enforce state laws.

Lieutenant-Governor of South Dakota, fills vacancy in office of governor.

Is president of the state senate. DEPARTMENT.

STATE COURTS, with judges and other officers to decide whether a state law has been violated or applies in a given case.

Judges elected.

South Dakota Supreme Court. Five judges, meet at Pierre. Elected for six years.

State circuit courts. Twelve in the state. One judge in each circuit. Elected for four years.

(State has no court corresponding to this. State circuit court and, sometimes, county court, is nearest like it.)

Justice of the peace. Two elected for two years by each city, township and town in the state (see p. 177).

Division of Powers. All governmental powers are exercised either by the state or by the nation. The division of the powers of government in Canada is on the opposite plan from ours. The constitution of that country (called "The British North America Act of 1867") provides that certain named powers are given to the states (called provinces), and all other powers shall belong to the federal government (called the Dominion). Now, our federal constitution provides that the national government shall have certain named powers and all others shall belong to the states. Following are some of the powers exercised by the national government which the states do not have:

Exclusive National Powers. The national government has power to coin money and punish counterfeiting; to make war and peace and control the army and navy; to make treaties with foreign nations; to regulate commerce with foreign nations, with Indians, and between states; to settle disputes between the states or between citizens of different states; to punish crimes on the high seas; to admit new states into the Union and to govern all territories and possessions of the United States, and the District of Columbia; to regulate the election of President and members of congress; to provide how foreigners may become citizens; to provide bankruptcy laws; to provide for the mail service.

State Powers. Among the many governmental powers carried on by a state, over which the nation has little or no direct control, may be named the following: The punishment of people within the state who violate state laws; the regulation of commerce which is wholly within the state; to decide who may vote; to carry on a system of public schools; to regulate contracts, marriage and divorce; to conduct all elections of local, state, and federal officers; to care for insane and other defectives;

to regulate the practice of medicine, dentistry, etc.; to regulate insurance; to regulate deeds, mortgages, and sales of land and other property; to protect life and property. There are a great many other affairs which are left almost entirely to the states to control and adjust. Concurrent Powers. There are many powers in which both the federal government and the state government have a share. Both may tax people, industries and property; both may encourage agriculture, manufacturing, education and other activities; both may provide for the public health, good roads, drainage, irrigation and a great many other public undertakings. We have national banking laws regulating national banks and state banking laws regulating state banks.

Nation Supreme. The constitution of the United States denies some powers to both the federal and state governments. (See Article I, Sections 9 and 10.) These we shall study later. It is well to remember that while these two governments apply to each person, and each government has practically nothing to do with the other, the federal government is always supreme and in case of conflict or disagreement of laws, the state must give way to the nation.

"All political power is inherent in the people, and all free government is founded on their authority and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper. AND THE STATE OF SOUTH DAKOTA IS AN INSEPARABLE PART OF THE AMERICAN UNION, AND THE CONSTITUTION OF THE UNITED STATES IS THE SUPREME LAW OF THE LAND."-Constitution of South Dakota.

QUESTIONS.

NEED FOR GOVERNMENT. What two forces regulate all acts? Which one regulates most acts? When must law be applied? Why does the government exist? Why does not custom regulate all acts? Should we need government if all people were good? Why? What other reason is there for having government?

GOVERNMENT MEANS GUIDANCE. What mistake is made by anarchists? From what does the word government come?

MONARCHY. What are the two forms of government among nations today? Define monarchy. Absolute monarchy, examples. Limited monarchy,-examples. Empire.

REPUBLIC. What is a republic? What is the chief ruler called? What is a democracy?

YOUR COMPLETE ADDRESS. Name the five common governmental divisions. What others are there?

TWO GOVERNMENTS. Show the two-fold character of government in this country.

THREE DEPARTMENTS OF THE NATIONAL GOVERNMENT. Name the three departments and explain each. Give an example of a United States law and its enforcement. Explain the functions of congress, a United States marshal, a United States court.

THREE DEPARTMENTS OF STATE GOVERNMENT. Explain them. Who exercises the functions of each in South Dakota? Give an example of a state law and its enforcement.

A REPUBLIC WITHIN A REPUBLIC. Show that South Dakota is "a republic within a republic.

OUTLINE IN PARALLEL COLUMNS. Study these so thoroughly that when a topic is read from one column you can repeat the corresponding one from the other column. Practice doing this by covering up one side, reading the other, and seeing whether you can repeat the column covered up. Do not fail to master this portion.

DIVISION OF POWERS. Between whom is all governmental power divided? How is the division made in Canada? How in the United States?

EXCLUSIVE NATIONAL POWERS. Name ten powers which the federal government has over which the state has nothing to do without permission of the United States.

STATE POWERS. Name the powers exercised by a state.

CONCURRENT POWERS. Name ten powers which are carried on by both the national government and the state government.

NATION SUPREME. In case of conflict of powers, which of these two governments is supreme?