Administrative Agencies.— The expansion of the administrative activities of the States in recent years has caused a great increase in the number of separate administrative agencies. In New York there were more than 150 sepa rate administrative agencies in 1915 and in several States there were over 100. Some of these separate administrative agencies, such as tax commissions, railroad and public serv ice commissions, industrial commissions and departments of health and various special boards and offices charged with the adminis tration of laws for the regulation of industry and the protection of labor, exercise impor tant powers. In practice they are much more subject to control by the courts than by the nominal chief executive of the State. In a few States appointments to minor places in the administrative service are made lists of applicants certified as competent by State civil service commissions, but in most States ap pointments are made by the governor or the department heads at their discretion, except so far as limited by the requirement of sena torial confirmation or by special conditions laid down by law. In political considera tions outweigh considerations of fitness too often for the good of the public service. Econ omy and efficiency in State administration tend to suffer from neglect.
TheJudiciary.— The State judiciary are elected directly by the people in three-fourths of the States. In the others they are appointed by the governor or elected by the legislature. In the central and western States popular elec tion is universal. Terms of Supreme Court judges vary from two years in Vermont to 21 years in Pennsylvania, but in most States the term ranges from 6 to 12 years. In Massachu setts the judges hold office during good be havior, like Federal judges. Salaries, as in the case of other State elective officers, are in most States comparatively low. Terms of judges of lower courts are generally shorter and salaries lower. The organization of the courts is generally regulated in the State con stitutions. In most States it is highly decen tralized. Magistrates' courts of various kinds exercise a limited jurisdiction in the towns and cities, above them in most of the States are the County Courts, and between the latter and the highest court of the State there are as a rule one or more intermediate courts with varying original and appellate jurisdictions. The States are generally divided into fixed judi cial districts in order to localize these inter mediate courts, and a separate court with a prescribed number of judges is organized in each district. The resulting judicial system is highly inelastic and not infrequently uneconom ical and inefficient. On the whole, however, the
working of the judicial system is more satis factory than that of either of the other prin cipal departments of State government.
Amendment of State Constitutions.— Two different modes have been provided in almost all States for the revision and amendment of State constitutions. One is by the constitu tional convention. The organization and pro cedure of constitutional conventions is far from uniform. In some States a convention may be called by the legislature at any time. In others the approval of a majority of the voters is required before a convention may be called. In some States the number and manner of election ofodelegates to a convention is regu lated by the constitution. In others the legisla ture may determine the numbers and manner of election. Most conventions, however, are actually organized upon the model of the lower branch of the legislature. In some States a convention may put the revised constitution, when agreed upon, in force without further reference to the people. In most States refer ence to the people is required or is practised without any special requirement. The other mode of constitutional change is by the pro posal of specific amendments by the legislature, subject to approval by a majority of the voters.
In some States a proposed amendment must be adopted by two successive legislatures before it can be submitted to the people. In others adoption by one legislature is enough. In all States the legislature must approve a proposed amendment by more than a bare majority vote. Recently beginning in Oregon in. 1902, a fourth of the States have established another mode of constitutional amendment not requiring ac tion by the legislature or by any other repre sentative body. This is the so-called con stitutional initiative. Upon petition of a pre scribed number of voters a proposed amend ment is placed directly on the ballot and may be adopted by a majority of the voters.
The Initiative.—A larger number of States, beginning with South Dakota in 1898, have established the statutory initiative. Upon peti tion of a prescribed number of voters an ordi nary legislative measure may be proposed for adoption directly by the voters. This pro cedure for direct legislation by the people is generally associated with the direct popular referendum, a device by means of which the voters may veto a measure which, though en acted by the legislature, is objectionable to them. In 1919 the statutory initiative existed in 19 States and the popular referendum in 21 States. In some of these, notably Oregon, California, Arizona and Colorado, the initia tive and referendum have been freely used in recent years.