Relation to the Legislature

It is a regular practice to confer upon the governor the duty of communicating with the legislature on the state of the commonwealth and of recommending such legislative measures as he may see fit. This right, like that enjoyed by the President,' may become a powerful instrument in presenting issues to the people and in forcing the legislature to act. "It is not," said Governor Hughes, "his constitutional function to attempt, by use of patronage or by bargaining with respect to bills, to secure the passage of measures he approves. It is his prerogative to recommend and to state the reasons for his recommendation, and in common with all representative officers, it is his privilege to justify his position to the people to whom he is accountable." The governor, in his message, often sets the tasks for the legislature; and in case of the refusal of that body to accept his proposals, he may, if he is confident of popular support, take advantage of the important power of calling a special session of the legislature to consider the particular measures he has at heart.

While it is a common practice for the governor to include in his regular message to the legislature a statement of the finances of the commonwealth, nine states require him to propose the budget. "He shall," runs the Missouri constitution, "at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes." Like the report of the Treasury to Congress, this budget is usually little more than a list of suggestions to the legislature; but taken in connection with the power (which many governors have) to veto single items in appropriation bills, it may become an important instrument in the hands of a strong governor who has a decided fiscal policy."

The power of calling extraordinary sessions of the legislature is now regularly conferred by the state constitution, and often the governor is bound to submit to the legislature the proposals to be considered at such sessions. The governor may "on extraordinary occasions," the constitution of Ohio provides, "convene the general assembly by proclamation, and shall state to both houses when assembled the purpose for which they 2 Below, chap. xxxi.

1 See above, p. 199.

have been convened." The New York constitution expressly stipulates that no subject shall be acted upon by a special session except such as the governor may recommend, and thus the legislature cannot evade the issue which the governor has set.1 A notable example of the exercise of this power occurred in 1908, when the legislature of New York, having refused to accept the recommendation of Governor Hughes to abolish race-track gambling, was called in a special session and forced to act under the direct observation of a public intensely interested in this particular measure. The practical significance of such a power in the governor's hands needs no further comment.

An inquiry recently addressed to the governors of a number of states resulted in some interesting conclusions on this point of executive influence over the legislature. It appears that, with

few exceptions, the legislatures generally follow the suggestions of the governors with regard to particular matters of legislation, but not merely because the proposals come from the chief executive. The legislatures really respond to an imperative public opinion which is reflected in the policies of the governor, who, by virtue of his high position, is best able to gauge the popular temper. One governor urged that whenever the executive of a commonwealth desires certain laws, he should lay his plan before the legislature in the form of a carefully drafted bill, and then interest influential men in the measure, acquainting them with the arguments for and against it. Another governor replied: "The legislature of the present year enacted into law practically all the measures suggested by the governor in his message to that body. I mention a few of these as indicating the general character of the legislation in several of the states: the anti-pass bill, twocent fare bill, prohibiting contributions by corporations for political purposes, primary election bill, joint freight rate bill, child labor bill, extension of pure food law, resolution asking Congress to call a convention for amendment of Constitution so that United States Senators may be elected by the people." The authors who conducted this investigation conclude: "There is certainly no menace in the power of the chief executive of the commonwealth. He has too little. Greater centralization of administrative power and unity of effort are here desirable. But 1 Readings, p. 447.

'Finley and Sanderson, The American Executive, pp. 181 ff.

at the same time it is manifest that he has ceased to be in some states, if not in all, the 'mere hands of the legislative brain,' as Mr. Bryce characterizes him, whose merit 'is usually tested by the number and boldness of his vetoes.'

With one exception, North Carolina, all states give the governor the power to veto measures passed by the legislature and also permit the legislature to override a veto by a repassage.1 About two-thirds of the states, at the present time, require a majority of two-thirds in both houses to overcome the governor's veto; Delaware, Maryland, and Nebraska fix the majority at threefifths; and a few permit repassage by a mere majority vote. In the hope of checking the extravagance of the legislatures, more than half of the states authorize the governor to veto single items in appropriation bills, and in three states, Washington, Virginia, and Ohio, the governor may even veto a part or parts of any measure."

It is customary, in case of an exercise of the veto power, for the governor to return the bill to the house in which it originated with a statement of his objections. As in the case of the national executive, it is generally understood that the governor may veto measures out of accord with his policy as well as measures which are clearly unconstitutional. "The plain intent of the constitution," says Governor Hughes, "is that the governor shall express his judgment upon legislative measures before him and that his judgment shall control unless the measure is so strongly supported that it counts in its favor two-thirds of the members of the legislative houses after the objections have been formally stated." 3

In addition to his executive and legislative functions, the governor generally enjoys the quasi-judicial function of issuing reprieves, commutations, and pardons. In some states he exercises it in conjunction with the legislature or the upper house of

1 Readings, p. 444.

2 The time given the governor to consider legislative measures varies from three to ten days; but, of course, he knows about all important bills from the time of their introduction to their final passage. In case of the adjournment of the legislature, in New York and some other states, the governor is given thirty days to consider measures submitted to him, and if any bill is not approved by him within that time it fails to become a law. Dealey, Our State Constitutions, pp. 31 ff.

Inaugural Address, 1909.

that body; in other states it is shared by a board of pardons; and in several the governor is made solely responsible.

In Pennsylvania, for instance, the governor has the power to remit fines and forfeitures, to grant reprieves, commutations of sentence, and pardons, except in cases of impeachment; "but no pardon shall be granted nor sentence commuted, except upon the recommendation in writing of the lieutenant-governor, secretary of the commonwealth, attorney-general, and secretary of internal affairs, or any three of them, after full hearing, upon due public notice and in open sessions, and such recommendation, with the reasons therefor at length, shall be recorded and filed in the office of the secretary of the commonwealth," New York, however, has accepted the great argument of Hamilton,' that a single person is the best depository of such an important power because, being alone responsible, he dreads charges of weakness or connivance and is not likely to be so obdurate as a group of men. That state, therefore, gives the governor sole power to grant reprieves, commutations, and pardons, after conviction, for all offences except treason and cases of impeachment, with such restrictions and limitations on its exercise as he may think proper.2

The State Administrative System

The administrative officers of a commonwealth fall into two groups: the older officers, such as the secretary and treasurer, and the newer officers, such as the commissioner of labor and superintendent of banking, whose functions are the outgrowth of recent social and economic development.

I. Among the first group (usually elected by popular vote) are the following:

(1) A majority of the states have a lieutenant-governor who is the legal successor of the governor in case of the death, impeachment, or disability of the latter. The lieutenant-governor is also generally president of the senate, with a casting vote. In those states where there is no lieutenant-governor, it is the common practice to designate the president of the senate or the secretary as the successor in case of a vacancy in the office of governor. (2) All commonwealths have a secretary of state whose func'The Federalist, No. XXVI. 2 Readings, p. 448.

tions are pretty much the same everywhere. He is the custodian of the state archives; he has charge of the publication and distribution of laws; he is generally keeper of the election records, issues notices for elections, and supervises the compilation of election returns for state offices. In some states he issues certificates of incorporation to companies formed under the general laws, including banking and insurance companies; he reports annually to the legislature on a large number of subjects as ordered by law or by legislative resolution; he administers the oath to members of the legislature and other state officers; he is ex officio member of certain boards and commissions; and he is the custodian of the great seal of the state.

(3) Every state has a treasurer who is the keeper of the moneys accruing to the state from taxes, fees, and other sources of revenue and who, on proper warrants based in due form upon legislative appropriations, pays out the money of the state.

(4) In most states there is an auditor or comptroller. In general, we may say, the comptroller audits all accounts against the state, draws warrants on the treasury for the payment of moneys as directed by law, designates the banks in which public funds are to be deposited, levies and collects certain of the more important state taxes, inquires periodically into the court and trust funds deposited with county treasurers, appoints examiners and prescribes the forms of reports under the municipal accounting laws, and at the same time acts as ex officio member of certain boards and commissions.

(5) It is the duty of the attorney-general to prosecute and defend all actions and proceedings in which the state has an interest, to advise the governor and other state officers on legal questions,' to take charge of the legal business of the departments and bureaus of the state requiring the services of counsel in order to protect public interests. In New York, the attorneygeneral has certain specific duties in addition to the general supervision of the state's legal interests: when required by the governor, either he or one of his deputies must appear before any supreme court or the grand jury thereof for the purpose of conducting such criminal proceedings as the governor may specify; upon the request of the governor, secretary of state, treasurer, or state engineer and surveyor, the attorney-general must prosecute

1 For an example, see Readings, p. 452.