The Government Class Book Part 4

--4. Hence arises the practice which prevails in all legislative bodies, of the appointment of committees. As soon as may be, after a house is organized, committees are appointed on all subjects usually acted on in the legislature. A legislative committee is generally composed of three, five, or seven members, who examine the subjects referred to them, and report the result of their examination to the house. Committees are appointed by the presiding officer of each house. Occasionally, though very rarely, they are elected by the house itself.

--5. Some or all of the following committees are appointed in every legislature: a committee on finance, or the funds, income, and other money matters of the state, sometimes called the committee of ways and means; a committee on agriculture; a committee on manufactures; committees on the incorporation of cities and villages; on banks and insurance companies; on railroads; on ca.n.a.ls; on education; on elections; on public printing, besides many others. So numerous are these subjects, that in const.i.tuting the committees, every member may be put on some committee.

--6. All matters relating to these subjects of a general nature, which arise during the session, are referred to their appropriate committees.

Thus, a question or proposition relating to banks, is referred to the committee on banks; matters relating to rail-roads, are referred to the committee on rail-roads; those relating to schools, are referred to the committee on education, &c. As these committees continue during the session, they are called _standing_ committees. When a question arises having no relation to any subject on which there is a standing committee, it is usually referred to a _special_ or _select_ committee appointed to consider this particular matter.

--7. Committees meet in private rooms, during hours when the house is not in session; and any person wishing to be heard in favor of or against a proposed measure, may appear before the committee having it in charge.

Having duly considered the subject, the committee reports to the house the information it has obtained, with the opinion whether the measure ought or ought not to become a law. Measures reported against by committees, seldom receive any further notice from the house.

--8. From what has been said, the utility of committees is readily seen.

Although no proposed measure can become a law unless acted on and approved by the two houses, its necessity may be inquired into, and the information necessary to enable the house to act understandingly upon the question, may be obtained, as well by a few members as by the whole house. By the daily examination of so many subjects in committee, a large amount of business is soon prepared for the house to act upon, and much of its time is saved.

--9. If a committee reports favorably upon a subject, it usually brings in a bill with its report. A _bill_ is the form or draft of a law. Not all bills, however, are reported by committees. Any member of the house desiring the pa.s.sage of a law, may give notice that he will, on some future day, ask leave of the house to introduce a bill for that purpose; and if, at the time specified, the house shall grant leave, he may introduce the bill. But at least one day's previous notice must be given of his intention to ask leave, before it can be granted.

--10. The different steps in the progress of a bill, or the different forms of action through which it has to pa.s.s, are numerous. A minute description of them in a work designed chiefly for youth, will scarcely be expected. A thorough knowledge of the proceedings of legislative a.s.semblies, can be practically beneficial, in after life, to but few of those who shall study this elementary treatise. Those who shall hereafter have occasion for this knowledge, will find works adapted to a more mature age, in which the subject is fully treated.

--11. A bill, before it is pa.s.sed, must be read three times; but it may not be read twice on any one day without unanimous consent, that is, the consent of the whole house; or, as is believed to be the rule in some bodies, the consent of three-fourths, or two-thirds of the house. In some legislatures, the rule allows the first and second readings to be on the same day. A bill is not to be amended until it shall have been twice read. Nor is it usual for it to be opposed until then; but it may be opposed and rejected at the first reading.

--12. After a bill has been twice read, and fully debated and amended, it is proposed to be read on a future day the third time. If the question on ordering the bill to a third reading is not carried, the bill is lost, unless revived by a vote of the house to reconsider. But if the question to read the third time is carried, the bill is accordingly read on a future day, and the question taken on its final pa.s.sage.

--13. When the final vote is to be taken, the speaker puts the question: "Shall the bill pa.s.s?" If a majority of the members present vote in the affirmative, (the speaker also voting,) the bill is pa.s.sed; if a majority vote in the negative, the bill is lost. Also if the ayes and noes are equal, it is lost, because there is not a majority in its favor. In a senate where a lieutenant-governor presides, not being properly a member, he does not vote, except when the ayes and noes are equal; in which case there is said to be a _tie_; and he determines the question by his vote, which is called the _casting_ vote. In some states, on the final pa.s.sage of a bill, a bare majority of the members present is not sufficient to pa.s.s it, in case any members are absent.

The const.i.tutions of those states require the votes of a majority of _all the members elected_ to each house.

--14. When a bill has pa.s.sed one house it is sent to the other, where it must pa.s.s through the same forms of action; that is, it must be referred to a committee; reported by the committee to the house; and be read three times before a vote is taken on its pa.s.sage. This vote having been taken, the bill is returned to the house from which it was received. If it has been amended, the amendments must be agreed to by the first house, or the second must recede from their amendments, or the amendments must be so modified as to secure the approval of both houses, before the bill can become a law.

--15. Some young reader may inquire why a bill should take so long and slow a course through two different houses; and why one body of representatives is not sufficient. The object is to secure the enactment of good laws. Notwithstanding bills go through the hands of a committee and three different readings in the house; yet through undue haste, wrong information, or from other causes, a house may, and often does, commit serious errors. Legislatures are therefore divided into two branches; and a bill having pa.s.sed one house is sent to the other where the mistakes of the former may be corrected, or the bill wholly rejected.

--16. But in many of the states, a bill, when pa.s.sed by both houses, is not yet a law. As the two houses may concur in adopting an unwise measure, an additional safeguard is provided against the enactment of bad laws, by requiring all bills to be sent to the governor for examination and approval. If he approves a bill, he signs it, and it is a law; if he does not sign it, it is not a law. In refusing to sign a bill, he is said to _negative_, or _veto_ the bill. _Veto_, Latin, means, _I forbid_.

--17. But no governor has full power to prevent the pa.s.sage of a law. If he does not approve a bill, he must return it to the house in which it originated, stating his objections to it; and if it shall be again pa.s.sed by both houses, it will be a law without the governor's a.s.sent But in such cases greater majorities are generally required to pa.s.s a law. In some states, a majority of two-thirds of the members present is necessary; in others, a majority of _all the members elected_. In a few states, only the same majorities are required to pa.s.s a bill against the veto as in the first instance. Or if the governor does not return a bill within a certain number of days, it becomes a law without his signature, or without being considered a second time. In some states, bills are not sent to the governor, but are laws when pa.s.sed by both houses and signed by their presiding officers.

Chapter XII.

Executive Department. Governor and Lieutenant-Governor.

--1. The chief executive power of a state is, by the const.i.tution, vested in a governor. The governor is chosen by the people at the general election; in South Carolina by the legislature. The term of office is not the same in all the states. In the six New England states, the governors are chosen annually; in the other states, for the different terms of two, three, and four years.

--2. The qualifications for the office of governor are also different in the different states. To be eligible to the office of governor, a person must have been for a certain number of years a citizen of the United States, and for a term of years preceding his election a resident of the state. He must also be above a certain age, which, in a majority of the states, is at least thirty years; and in some states he must be a freeholder.

--3. The powers and duties of a governor are numerous. He communicates by message to the legislature, at every session, information of the condition of the state of its affairs generally, and recommends such measures as he judges necessary and expedient. He is to take care that the laws be faithfully executed, and to transact all necessary business with the officers of the government. He may convene the legislature on extraordinary occasions: that is, if, at a time when the legislature is not in session, a matter should arise requiring immediate attention, the governor may call a special meeting of the legislature, or as it is usually termed, an extra session.

--4. A governor has power to grant reprieves and pardons, except in cases of impeachment, and, in some states, of treason. To _reprieve_ is to postpone or delay for a time the execution of the sentence of death upon a criminal. To _pardon_ is to annul the sentence by forgiving the offense and releasing the offender. A governor may also _commute_ a sentence; which is to exchange one penalty or punishment for another of less severity; as, when a person sentenced to suffer death, is ordered to be imprisoned.

--5. The governor has power also, in some of the states, with the consent of the senate, to appoint the higher officers of the militia of the state, and the higher civil officers in the executive and judicial departments. In a few of the states, there are executive councils whose advice and consent are required in such cases. In making such appointments, the governor nominates, that is, he _names_ to the senate, in writing, the persons to be appointed. If a majority of the senators consent, the persons so nominated are appointed. Many other duties are by the const.i.tution devolved upon the governor.

--6. A lieutenant-governor has few duties to perform. He presides in the senate, in which he has only a casting vote. In the state of New York, he serves in some of the boards of executive officers. In nearly one-half of the states the office of lieutenant-governor does not exist.

The chief object of electing this officer seems to be to provide a suitable person to fill the vacancy in the office of governor in case the latter should die, resign, be removed, or otherwise become incompetent.

--7. When the lieutenant-governor acts as governor, the senate chooses from its own number a president. If the offices of both the governor and lieutenant-governor should become vacant, the president of the senate must act as governor. If there should be neither a governor, a lieutenant-governor, nor a president or speaker of the senate, then, the speaker of the house of representatives would become the acting governor. This is believed to be the rule for supplying vacancies in most if not all of the states.

Chapter XIII.

a.s.sistant Executive State Officers.

--1. Among the executive officers who a.s.sist in the administration of the government, there are in every state, some or all of the following: a secretary of state, a controller or auditor, a treasurer, an attorney-general, a surveyor-general. The mode of their appointment and the terms of their respective offices, are prescribed by the const.i.tution or by law. In some states they are appointed by the governor and senate; in others by the legislature; and in others they are elected by the people. They keep their offices at the seat of government of the state.

--2. The _secretary of state_ keeps a record of the official acts and proceedings of the legislature and of the executive departments, and has the care of the books, records, deeds of the state, parchments, the laws enacted by the legislature, and all other papers and doc.u.ments required by law to be kept in his office. He causes the laws pa.s.sed by the legislature to be published in one or more newspapers, as directed by law; and also to be printed and bound in a volume, and distributed among the state officers for their use, and among the county and town clerks, to be kept in their offices for the use of the people who wish to examine the laws. Also one or more copies are exchanged with each of the other states for copies of their laws to be kept in the state library.

Various other duties are performed by the secretary.

--3. The _state auditor_, in some states called _controller_, manages the financial concerns of the state; that is, the business relating to the money, debts, land and other property of the state. He examines and adjusts accounts and claims against the state, and superintends the collection of moneys due the state. When money is to be paid out of the treasury, he draws a warrant (a written order,) on the treasurer for the money, and keeps a regular account with the treasurer of all moneys received into and paid out of the treasury. And he reports to the legislature or other proper officers, a statement of the funds of the state, and of its income and expenditures during each year.

--4. The _treasurer_ has charge of all the public moneys that are paid into the treasury, and pays out the same as directed by law; and he keeps an accurate account of such moneys, specifying the names of the persons from whom they are received, to whom paid, and for what purposes. He also exhibits annually a statement of moneys received and paid out by him during the year, and of the balance in the treasury.

--5. Auditors, treasurers, and other officers intrusted with the care and management of money or other property, are generally required, before they enter on the duties of their offices, to give bonds, in sums of certain amount specified in the law, with sufficient sureties, for the faithful performance of their duties. The sureties are persons who bind themselves to pay the state all damages arising from neglect of duty on the part of the officers, not exceeding the sum mentioned in the bond.

--6. The _attorney-general_ is a person learned in the law, appointed to act for the state in law-suits in which the state is a party. He prosecutes persons indebted to the state, and causes to be brought to trial persons charged with certain crimes. He also gives his opinion on questions of law submitted to him by the governor, the legislature, and the executive officers. In some states there is no attorney-general. In such states prosecutions in behalf of the state are conducted by the state's attorney for each county.

--7. The _surveyor-general_ superintends the surveying of the lands belonging to the state. He keeps in his office maps of the state, describing the bounds of the counties and townships; and when disputes arise respecting the boundaries, he causes surveys to be made, if necessary, to ascertain such bounds. He performs certain other duties of a similar nature. In many of the states there is no surveyor-general, the duties of that office being done by a county surveyor in each county.

--8. There is also, in many of the states, a _superintendent of schools_, called in some states, _superintendent of public instruction_, whose princ.i.p.al duties are described in a subsequent chapter. (Chap. XXII, --10.)

--9. There is also a printer to the state, or _state printer_, whose business it is to print the journal, bills, reports, and other papers and doc.u.ments of the two houses of the legislature, and all the laws pa.s.sed at each session. State printers are either chosen by the legislature, or employed by persons authorized to make contracts for the public printing; or the printing is let to the lowest bidder.

--10. There are other officers employed by the state, among whom are the following: a _state librarian_, who has charge of the state library, consisting of books containing matter of a public nature, such as the laws of all the states, and of the United States, with a large collection of miscellaneous books; persons having the care of the public buildings and other property of the state; superintendents of state prisons, lunatic asylums, and other state inst.i.tutions, whose duties are indicated by their t.i.tles, and need no particular description.

Chapter XIV.

Counties ind County Officers. Powers and Duties of County Officers.

--1. Some of the purposes for which a state is divided into small districts have been mentioned. (Chap. VII, --1.) There are other reasons, equally important, for these territorial divisions. Laws for the whole state are made by the legislature; but certain regulations may be necessary for the people in some parts of the state which are not needed in others, and which the people of these places can better make for themselves. It is the business of the governor and his a.s.sistant executive state officers to execute or carry into effect the laws of the state; but they could not see this done in every place, or in every minute portion of the state. Again, for the convenience of those who may be obliged to go to law to obtain redress for injuries, courts of justice must be established near the residence of every citizen.

--2. But in order to carry out these objects, a state must be divided into small districts with fixed boundaries, that it may be known what persons come under certain regulations, and over whom these local officers are to exercise authority. The smallest territorial divisions of a state are called _townships_, or _towns_, which contain generally from twenty-five to one hundred square miles, and which, if in a square form, would be from five to ten miles square. But for certain purposes larger districts than townships have been found necessary. These are formed by the union of several townships, and are called _counties_.

These divisions are the same as those of England, the country from which the colonies (now states) were chiefly settled.