§ 1. Generally.

a. The governor is an integral part of the lawmaking power of a state. Com. ex rel. Elkin v. Barnett, 55 L.R.A. 882, 199 Pa. 161, 48 Atl. 976. § 2. Powers.

Power to veto or reduce items of appropria

who has violated the conditions under which he was discharged from imprisonment. Re Conditional Discharge of Convict, 56 L.R.A. 658, 73 Vt. 414, 51 Atl. 10.

d. A governor's implied authority does not extend to the employment of counsel, at the expense of the state, to assist in drafting proposed amendments to the state Constitu tion bill, see APPROPRIATIONS, § 8. ion. Cahill v. Board of State Auditors, 55 Power to appoint local officers, see CONSTIL.R.A. 493, 127 Mich. 487, 86 N. W. 950. TUTIONAL LAW, §§ 54 g, 55 j-l. Empowering governor to fix date of execution of criminals, see CONSTITUTIONAL LAW, § 62 j. Delegation of power to, see CONSTITUTIONAL LAW, § 65.

Encroachment on power of, see CONSTITU-
TIONAL LAW, § 111.

Interference with power to appoint judges,

see COURTS, § 203 i.

To order special term of court, see COURTS, § 267 a.

To require opinion from court, see COURTS,

$ 272 f.

To order transfer of convict, see CRIMINAL
LAW, § 195 b.

To pardon, see CRIMINAL LAW, § 207.
To revoke pardon issued by lieutenant gov-
ernor, see CRIMINAL LAW, § 217 b.
To surrender, as fugitive from justice, one
under conviction in asylum state, see
EXTRADITION, § 9 b.

To suspend writ of habeas corpus, see
HABEAS CORPUS, §§ 12 c, 46 a.

(Annotated)

e. The governor has no power to adjourn the legislature, when there has been no disagreement between the two houses, under Ky. Const. § 36, providing for sessions to be held at the seat of government, "except in case of war, insurrection, or pestilence, ernor, assemble for the time being elsewhen it may, by proclamation of the gov where," which seems to refer, not to an adjournment, but to a provision for a place to assemble and organize, and § 80, authorizing him to adjourn the legislature in case of disagreement between the two houses with respect to the matter. Taylor v. Beckham, 49 L.R.A. 258, 108 Ky. 278, 56 S. W. 177, writ of error dismissed in 178 U. S. 548, 44 L. ed. 1187, 20 Sup. Ct. Rep. 890, 1009.

contract from one in whose favor the legis f. The governor has no power to exact a lature has passed an appropriation bill, to take less than the sum appropriated in consideration of his signing the bill, and such contract is therefore without force or valid

Lukens v. Nye, 36 L.R.A. (N.S.) 244, 156 Cal. 498, 105 Pac. 593.

To order seizure by militia of insurrection-ity.
ists, see INSURRECTION, § 1 a-c.
To appoint and assign judges, see JUDGES,
§ 29 b-d.

To determine necessity of extraordinarya
session, see LEGISLATURE, § 3.
To remove officer of national guard, see
MILITIA, § 4 b.

To call out militia, see MILITIA, § 6 b-d.
To destroy municipality, see MUNICIPAL
CORPORATIONS, § 21 a.

To appoint suspended officer, see OFFICERS,
§ 15 g.

To appoint to office generally, see OFFICERS, §§ 28, 29.

see

To remove officers, see OFFICERS, § 58.
To fill vacancy in office, see OFFICERS, § 88.
Partial invalidity of statute as to,
STATUTES, § 56 a, b.
During existence of martial law, see WAR,
§ 2 f.

To establish martial law, see WAR, § 2 g.

a. A constitutional provision vesting the supreme executive power of a state in the governor implies that the governor is the highest in authority in the executive de partment, with such power as will secure a faithful execution of the laws in the manner and by the methods prescribed by the Constitution and statutes. State ex rel. Stubbs v. Dawson, 39 L.R.A. (N.S.) 993, 86 Kan. 160, 119 Pac. 360.

b. The executive has no power to bar proceedings under, or suspend the operation of, any law. State ex rel. Witter v. Forkner, 28 L.R.A. 206, 94 Iowa, 1, 62 N. W. 772. c. The governor may, at common law, issue a warrant for the return of a convict

g. Where it appears that a newspaper correspondent has openly charged in his paper violation of the liquor laws of a state, the office, may require the attorney general to governor, in the exercise of the power of his proceed to examine such correspondent as a witness, under a statute making the examination of witnesses a distinct proceeding. State ex rel. Stubbs v. Dawson, 39 L.R.A. (N.S.) 993, 86 Kan. 180, 119 Pac.

360.

h. The power possessed by the governor for the removal of an officer does not include, or have incidental thereto, power forcibly to install a successor. Ekern v. McGovern, 46 L.R.A. (N.S.) 796, 154 Wis. 157, 142 N. W. 595. § 3. Duties.

a. The duty of preparing bills and joint resolutions to be submitted to the legis lature rests on members of the legislature and not on the governor, under the Constitution of Michigan. Cahill v. Board of State Auditors, 55 L.R.A. 493, 127 Mich. 487, 86 N. W. 950.

b. The governor of a state may, at the suit of interested parties, in a proceeding appropriate for the purpose, be compelled, at the hands of the judiciary, to perform duties pertaining to acts which are merely ministerial in their character, or which call for no exercise of judgment or discretion, and do not relate to political or governmental matters. State ex rel. Taylor v. Lord, 31 L.R.A. 473, 28 Or. 498, 43 Pac. 471.

81 S. E. 533.

sence from the state, or otherwise." Barnard v. Taggart, 25 L.R.A. 613, 66 N. H. (Annotated) 362, 29 Atl. 1027.

b. Upon the resignation of the governor of the state the president of the senate does not become governor in the constitutional sense, under N. J. Const. art. 5, cl. 12, providing that in case of the death, resignation, or removal of the governor the powers, duties, and emoluments of the office shall devolve upon the president of the senate, and in case of the death, resignation, or removal of the latter, then upon the speaker of the house, of assembly, until another governor shall be elected and qualified; and if the president of the senate resigns his office as senator he can no longer exercise the functions pertaining to the executive office, and thereupon the powers, duties, and emoluments of that office devolve upon the speaker of the house of assembly. State, Clifford, Prosecutor v. Heller, 57 L.R.A. 312, 63 N. J. L. 105, 42 Atl. 155.

§ 6. Death of governor pending election contest.

b. The governor cannot be held to answer in the courts in an action for damages re: sulting from the carrying out of his lawful orders or warrants issued in good faith in discharge of his official duties. Hatfield v. Graham, L.R.A.1915A, 175, 73 W. Va. 759, (Annotated) § 5. Filling office on illness or resignation of governor. a. Illness of the governor of the state, a. The death of a governor elect pending which disables him from performing the du- a contest to determine the election of govties of his office, constitutes a vacancy dur-ernor and lieutenant governor will not deing which the president of the senate shall exercise the powers of the office, under N. H. Const. art. 49, making such provision "whenever the chair of the governor shall become vacant by reason of his death, ab

feat the right of the person elected lieutenant governor to have the contest determined and thus entitle him to the office of governor. Taylor v. Beckham, 49 L.R.A. 258, 108 Ky. 278, 56 S. W. 177.

GRACE.

Days of, see

.DAYS OF GRACE.

See also WORDS AND PHRASES, 2649.

GRADE.

EMINENT DOMAIN, §§ 228-230. ... EVIDENCE, § 30 d.

Necessity for compensation on establishment of, see EMINENT DOMAIN, §§ 226, 227.
Necessity of compensation on changing, see
Of highway, judicial notice as to, see
Inequalities in, see

....

Power to fix and change grade of street, see
Of sidewalk, see

Assessments for grading, or changing grade of,

. HIGHWAYS, § 124.

PUBLIC IMPROVEMENTS, § 14.
PUBLIC IMPROVEMENTS, § 16.

PUBLIC IMPROVEMENTS, IV.

PUBLIC IMPROVEMENTS, § 38 c.

Requiring railroad to conform to grade of street, see RAILROADS, § 60.

GRADUATE.

I. In general.

§ 1. Generally.

2. Conduct of proceedings.

§ 3. Requirement of secrecy.

4. Presence or participation of third persons.

Disclosure of evidence before, see

Admissibility of transcript of testimony given before, see

Legality of, as basis of habeas corpus proceeding

for release of persons indicted, see

APPEAL AND ERROR, § 443 b. BAIL AND RECOGNIZANCE, § 5 d, f.

CONSTITUTIONAL LAW, § 125.
CONTEMPT, § 9.

CONTEMPT, § 22 i, j.

.. CONTEMPT, §§ 26 j, m, n, p, 43 c.

COURTS, § 314 b.

CRIMINAL LAW, IV. d.

CRIMINAL LAW, § 112.

CRIMINAL LAW, § 152 b.

CRIMINAL LAW, § 1701 c.
ELECTIONS, § 78 f.

EVIDENCE, § 162 k.

EVIDENCE, 549 b.

.EVIDENCE, § 983.
. EVIDENCE, § 998 c.

. EVIDENCE, 8 1133 f.

HABEAS CORPUS, § 21 c, d.

Concurrence of, in amendment to indictment, see ....INDICTMENT, ETC., § 103 d.
Competency of grand juror to act as trial juror, see JURY, § 91.

Libel by report of charges in proceedings before, see LIBEL AND SLANDER, § 100 j.
Privilege of libelous report by, see

Time to object to errors before, see

Prior service of juror as grand juror, as ground

for new trial, see

.LIBEL AND SLANDER, § 128.
.NEW TRIAL, § 15 a.

.NEW TRIAL, § 39 1.