CHAPTER II.

THE LEGISLATIVE DEPARTMENTS OF STATE

GOVERNMENTS.

SECTION 6. STATE LEGISLATURES.

The legislative powers of each State are vested in a State legislature, which in every State is composed of two Houses. Three states-Pennsylvania, Georgia, and Vermont-tried the experiment of a single legislative body, but soon abandoned it. The upper or smaller House of each legislature is called the Senate; the lower or larger House is generally called the House of Representatives, but in a few states bears the name of "The House of Delegates," "The Assembly" or "The General Assembly."

As has been stated, already several times, the State constitution does not prescribe the powers of the legislature, and the legislature has power of legislation over all matters, not prohibited to it, expressly or by implication by the Federal constitution or by the State constitution.

The membership of the various legislatures varies greatly in size, as does also the ratio between the membership of the two bodies. The membership of the Senate ranges from seventeen members (in Delaware) to fifty-one (in Illinois), and that of the lower House from thirty-four members (in Delaware) to three hundred and ninety-three (in New Hampshire). SECTION 7. ELECTION AND QUALIFICATIONS OF MEMBERS OF LEGISLATURES.

Members of both branches of legislature are

elected directly by the people in every State. In some of the States the methods of apportioning members are inequitable and result in voters in certain districts exerting a much greater power proportionately in the government of the State, than do the voters in other districts. The most extreme illustration of this state of affairs is to be found in the government of Connecticut.

In some of the states the members of the legislature are elected by counties, in others by towns, and in still others by districts. The election districts for members of the upper and lower Houses may or may not be identical.

A peculiar system of electing members of the lower House is in operation in the State of Illinois and is known as that by "cumulative voting," or as "the minority representation plan." Under this system the State is divided into fifty-one districts, each of which elects one Senator and three representatives. In voting for representatives each voter has three votes, but instead of giving one vote apiece to three candidates, he can, if he chooses, give three votes to one candidate, or one and a half votes each to two. The result of this method of voting is to enable the minority party in any particular district to elect one of the three representatives, unless such minority party includes less than twenty-five per cent. of the voters of the district.

In Massachusetts and Rhode Island all members of the legislature are elected annually. In nearly all the states, however, the members of the lower House are elected every two years, and those of the upper House every two years or every four years. There are a few instances of a three-year term. In five states

the legislatives meet annually, in the other states every two years. The governor of a State has the power to call special sessions of the legislature.

The State constitutions prescribe the qualifications for members of the legislature. These qualifications vary, but are in general confined to restrictions as to age, citizenship, and length of residence, in the district or State.

SECTION 8. PASSAGE OF LAWS.

The method of passing laws by a State legislature agrees very closely with the method in Congress. Some State constitutions, however, contain additional restrictions on this point.

Among these restrictions will be found provisions: "As to the majorities necessary to pass certain bills. 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

SECTION 9. THE VETO POWER.

In all the states of the Union, except three or four (the most important of which is Ohio) the governor 'Bryce's American Commonwealth, Volume 1, page 471.

is given the veto power. This veto power generally corresponds very closely, even in its details, with the veto power possessed by the President of the United States. Some differences however appear. In a few states only a majority vote is necessary to pass an act over the governor's veto, and a few others only a three-fifths vote is necessary. In some states if he wishes to defeat a bill he must expressly veto it, even if the legislature has already adjourned.

CHAPTER III.

THE EXECUTIVE DEPARTMENTS OF STATE GOVERNMENTS.

SECTION 10. GOVERNORS.

The chief executive power in every State is vested in a single officer called the Governor. At the time of the adoption of the Federal constitution two states had executive councils instead of governors, but this system was soon abandoned. In nearly all states there is an elective lieutenant-governor, who succeeds in case of a vacancy to the position of governor, and who generally presides over the State Senate. In states where there is no lieutenant-governor, the President of the State Senate is generally the successor of the governor.

"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 instance, commended himself to his party, and rose to be President of the United States. Similarly Mr. Hayes was put forward for the Presidency in 1876 because he had been a good governor of Ohio. During the Civil War, when each governor was responsible for enrolling, equipping, officering, and sending