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Sentation

courts, court, power, supreme, usually, island, rhode and governor

SENTATION. ) In all the States members of the Legislature receive salaries, which are the same for members of both Houses. The amount ranges from one dollar a day and mileage at 8 cents a mile in Rhode Island to $1,500 a year and mile age at ten cents a mile in New York. In most of the States the Constitution provides for biennial sessions of the Legislature. In Massachusetts, Connecticut, Rhode Island, New York, New Jersey. and South Carolina annual sessions are required. In most of the States the length of the session is left to the discretion of the Legisla ture, in others it is limited by constitutional provision. The powers of the Legislature rela tive to organization, procedure, adjournment privileges, etc., are similar to those of Congress. The executive power in each State is vested in the Governor, popularly elected for a term ranging from one year in Rhode Island to four years in nineteen States. In a majority of the States-32 in number—there is a Lieu tenant-Governor, who succeeds to the Gover norship in case of a vacancy. The Governor's salary ranges from $1500 in Rhode Island and $2000 in New Hampshire to $10,000 in New York and Pennsylvania. In a few States he is ineligible to succeed himself. His duties and powers include the execution of the laws, the fur nishing of the Legislature with information at the beginning of its session, the calling of it to gether in extraordinary session, the appointment of certain officers, usually with the consent of the Senate, the granting of reprieves and pardons, the veto of legislative measures except in four States (see VETO), and the command of the militia. In several of the States where there has been a traditional fear of the executive power, the Governor's prerogatives are very narrow—he has no veto power and but little power of ap pointment. To aid the Governor in the admin istration there are in erery State a number of executive departments, at the head of which are officers usually chosen at the same time, in the same manner, and for the same term as him self. These are the Secretary of State, the Treasur er, the Attorney-General, the Auditor or Comp troller, and the Superintendent of Public Instruc tion, whose duties are sufficiently indicated by their titles. Besides, there are frequently such officers as commissioners of railroads and of canals, insurance, agriculture, labor, immigration, charities, etc. In most States where such officers exist they are popularly elected, but in a few States they are chosen by the Legislature or ap pointed by the Governor. The position of the

heads of the State executive departments is in no sense similar to that of the President's Cabi net. The Governor has little or no power of di rection over them and their responsibility is to their constituencies.

In each State the judicial power is vested in a Supreme Court o• Court of Appeal, one or more superior courts known by different names, and a series of local courts of various kinds. In sev eral States the Supreme Court is such only in name, there being a court of last resort above it and usually known as Court of Appeals or Court of Errors and Appeals. This is the ease in New York, New Jersey, and Kentucky. Texas has two Supreme Courts, one for civil and the other for criminal cases. The size of the Supreme Courts ranges from three justices in eighteen States to nine in one State. The salaries of members of the State Supreme Courts range from $2000 in Delaware to $8000 in Pennsyl vania. Next below the Supreme Court are the superior courts, sometimes called circuit courts, having jurisdiction over a group of counties with the power to hear appeals from the lower courts. Usually there is also a county court, which is known by different names and which has a wide original jurisdiction in both civil and criminal matters and appellate jurisdiction over the de cisions of the justices of the peace. These justices of the peace have original jurisdiction in minor civil and criminal cases, with power to impose fines, to commit to prison for short periods, and to bind over accused persons to await the action of the grand jury. In the towns and cities there is usually a separate class of municipal courts. ( See MUNICIPAL GOVERNMENT.) There are also probate and chancery courts in some States. Formerly the State judges were generally ap pointed by the Governor or chosen by the Legis lature, but now in a great majority of the States they are popularly elected. In six States the Su preme Justices are still elected by the Legisla ture; in eight they are appointed by the Gover nor with the consent of the Council or Senate. The early rule was good-behavior tenure, but now that rule prevails only in Massachusetts, Rhode Island, New Hampshire, and Delaware. Elsewhere the term varies from two years in Vermont to twenty-one in Pennsylvania.