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Powers and Influences of the State Executive

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POWERS AND INFLUENCES OF THE STATE EXECUTIVE.

Organization of the State Executive.— Unlike the National Government, where the chief responsibility is concentrated in the hands of a single individual the executive power and responsibility in the gtates are divided between the chief executive and a number of other State officers, virtually his colleagues, over whom he has little or no control, and who, save in rare instances, are elected by the people, to whom alone they are responsible. Sometimes the chief executive may belong to one political party and his subordinates or part of them to another, which renders difficult any co operation among departments or between de partments and the chief executive. Under early State constitutional provisions these State officers were either appointed by the governor or chosen by the legislature and thus the governor had a certain measure of control over the conduct of State business; but in late years these officers have been elected by the people, as a result of which the governor no longer can be compared with the President as the head of the administration which has been placed in power, having no general au thority to direct, remove or discipline such elective officers; his only power of supervision is the right to examine the administration of the respective offices and in some cases to re move the incumbents if found guilty of mal feasance, corruption or gross negligence. In a few States (New York for instance) the treas urer, if found to have violated his duty, may be suspended from office but not removed by the governor. As a rule the governor may remove his own appointees for good cause, but the per son removed must be informed of the reasons and be afforded ample opportunity to refute the charges. In Massachusetts and a few other States the governor at first appointed all judges, sheriffs, court clerks, registers of probate and the attorney-general, but in most States all these officials (and in Massachusetts all save the judges) are elected by the people. In Maine a few of the department heads are appointed by the legislature, and in New Hampshire a few are elected on joint ballot of the general court.

In Delaware and Texas the secretary of state is appointed by the governor, while in Maryland the secretary of state, state librarian and com mission of law office, in New Jersey the secre tary of state and the attorney-general, and in Pennsylvania the secretary of state, the attor ney-general and the superintendent of public instruction are appointed by the respective governors with the advice and consent of the senate. In New Jersey the treasurer and in Tennessee the secretary of state are appointed by the general assemblies, but in the latter State the attorney-general is appointed by the judges. Governors still possess the pardoning power (in most States without restriction), but in a few New England States the pardon is incomplete without the concurrence of the executive coun cil. The governor is commander-in-chief of the State military forces and may appoint his military staff, but as a rule the other militia offi cers are elected by the votes of the military organizations.

Relation to Like the Presi dent, the governor is authorized to convene the legislature in other than its regular sessions, and again like the President he presents for the consideration of that body his views respecting matters of public policy and importance and his recommendations of legislation to be enacted for the good of the State. As is the case with Congress the legislature is not obliged to heed his advice and often does not, but in many cases governors have made direct and effective ap peals to the people to arouse public sentiment in favor of their plans. All the States save North Carolina empower their governors to veto legislative enactments with the excep tion of constitutional amendments, but when returning such rejected measures they must state their reasons for objection. Unless over ruled by a two-thirds vote of both branches of the legislature the veto is absolute, but if re passed by the necessary vote the enactment becomes law without the governor's signature; all other acts approved by him bear his signature.

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