In all States the governor became a popularly elected officer, and hence independent of legislative dominance. Other State officers be came popularly elective, though some such officers are still chosen by State legislatures. Until about fifty years ago, the functions of State Government were few, and were chiefly conducted by a small group of popularly elected officers. As new needs have developed, the Consti tution itself has provided for new offices, which have usually been filled by popular election. Illinois has six such officers in addition to the governor ; Idaho and Nebraska, seven each. Chief among the State executive offices, independent of the governor in most States are: lieutenant governor ; secretary of State; superintendent of public instruction ; attorney-general ; treasurer ; and auditor or comptroller.
By creating a group of State officers, all popularly elected in the same manner, State Constitutions in fact create a plural executive, although the theory of American State Government presupposes a single head of the executive department. But only to a slight extent are constitutional powers directly conferred upon the lieutenant governor, secretary of State, and other popularly elected State officers. The governor has thus had the opportunity to become the chief State executive in fact as well as in constitutional theory. The increase in the governor's executive power has come about primarily through the creation of new offices by statute, and the vesting in the governor of power to appoint to such offices. In this manner, as new State func tions were assumed, numerous offices were created, without reference to any efficient supervision by the governor. Some States had as many as two hundred independent officers, most if not all of whom were appointed by the governor, but over whom it was physically impossible for the governor to exercise an effective supervision. A recent movement in the States has sought to organize executive func tions into a small group of departments, each under a director appointed by and responsible to the governor. One of the chief difficulties in building up an effective State executive system is that the governors of half the States are elected for terms of only two years. In the other States the term is four years, except in New Jersey where it is three. There has, however, been an increase in State executive powers and leadership, but any possibility of leadership is greatly handicapped by the fact that the majorities of one or both of the two houses of the State legislature may often be politically opposed to the governor. This lack of political harmony is more common in the States than in the National Government.
types: (I) Justices of the peace, having a limited and inferior jurisdiction in both civil and criminal cases. Justices of the peace are ordinarily elected from towns or townships or from districts created for the purpose within the county. The jurisdiction of justices of the peace is strictly limited by statute, and their courts are not courts of record. Appeals are allowed from their action to a court of general trial juris diction ; and ordinarily the trial in the higher court is a trial de novo.
(2) In all States there are courts of general trial jurisdiction, known as superior courts, district courts, circuit courts, and in some States by still a different name. The court of general trial jurisdiction has ordinarily a general authority to try all cases in law and equity. Six States still retain the old English plan of separate courts for the trial of cases at law and in equity, but most of the States have abolished the distinction between law and equity. In some States, as in Arizona, California and Ohio, the court of general trial jurisdiction is organized upon a county basis, and there is a separate court for each county. The more common plan, however, is to have the court of general trial jurisdiction go on circuit from one county to another, at least in the smaller counties of the State.
(3) Each State has a court of review whose function is chiefly that of hearing appeals from the courts of general trial jurisdiction. This court is ordinarily termed the supreme court. But in Kentucky, Mary land, and New York it is called the court of appeals, and slightly different names are used in several other states. The highest court is usually given some original jurisdiction, but ordinarily this original jurisdiction is small, and its use is strictly limited by the court itself, in order that time may be available to hear appeals from other courts.
Once these three features are outlined, State judicial organization becomes to a large extent a mass of diversities. In many larger com munities a municipal court has been organized, which not only replaces justices of the peace, but is granted a much more extended jurisdiction than has ever been conferred upon justices of the peace. In a number of the States there is also a so-called county court, with some jurisdic tion, both civil and criminal, and also usually a fairly large authority with respect to rather distinctly administrative matters, such as those relating to county affairs, elections and charities. Where county courts exist independently of the court of general trial jurisdiction, they are often vested with authority in probate matters as well.