Jersey assigns one senator, and Connecticut two senators, to each county. The representation of fractions is duly provided for; but that subject, which is quite technical, needs not be considered here.

677. Legislative Sessions. The constitutions of Massachusetts, Connecticut, Rhode Island, New York, New Jersey, and South Carolina provide for annual sessions; the constitutions of the other States, for biennial sessions. In Ohio, however, every Legislature elected under the present constitution, with two exceptions, has held an adjourned session, thus defeating the intent of the constitution. The Governors of the States may call special sessions when in their judgment occasion for them arises.

678. Length of Sessions.-Some of the States, as Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, South Carolina, and Ohio, have left this matter wholly to the discretion of their Legislatures. In other States the length of the constitutional session ranges from 40 days in Georgia, Colorado, Nebraska, and Oregon, to 150 in Pennsylvania.

679. Powers of the Separate Houses. -—These are practically the same as the powers possessed separately by the Houses of Congress.

1. They are the judges of the qualifications, elections, and returns of their own members.

2. They choose their own officers, except that the Lieutenant-Governor in States having such an officer is the constitutional president of the Senate.

3. The House of Representatives has the sole power of impeachment, while the Senate is the trial court. Some States, however, associate members of the judiciary with the Senate in the trial of such cases; for instance, the constitution of New York constitutes the President of the Senate, the Senators, or a major part of them, and the Judges of the Court of Appeals, or a major part of them, such a

court.

680. Legislative Powers.-The powers of legislation

that are reserved to the States, or to the people, are far more numerous than those delegated to Congress. Still, the State Legislature by no means possesses all these reserved powers. The people prohibit the Legislature to exercise powers that they wish to retain in their own hands. There is no express delegation of power. No State constitution contains such a section as number 8, Article I., of the National Constitution, "Congress shall have power," followed by an enumeration of the principal powers of legislation delegated. Such of the reserved powers as are not denied them, the Legislatures may exercise.

881. Legislative Powers Reserved.-These differ in different States. However, all the States that have adopted new constitutions in recent years have shown an increasing jealousy of the Legislative branch of the Government. The Pennsylvania constitution devotes an entire article of thirty-two sections to limiting the power of the Legislature. Montana provides that the Legislative Assembly shall not pass local or special laws on more than thirty enumerated subjects. The constitution of Ohio says: "All laws of a general nature shall have a uniform operation throughout the State." The purpose of such provisions is to prevent the evils growing out of special legislation. On some subjects the Legislature is not allowed to act at all.

682. Modes of Legislation.-While provisions relating to this subject are commonly much more minute than those found in the National Constitution, State modes of legislation do not widely differ from those followed in Congress. Some constitutions prescribe that bills on all subjects may originate in either house; others, that bills for raising revenue must originate in the lower house. Some provide that all legislation must be by bill; others are silent on this point. It is common to specify that no bill shall relate to more than one subject, and that this shall be distinctly stated in the enacting clause. Enacting clauses

are of different forms. In Ohio it is: Be it enacted by the General Assembly of the State of Ohio;" in Michigan: "The people of the State of Michigan enact;" in New York: "The people of the State of New York, represented in Senate and Assembly, do enact," etc.

683. Enacting Laws. The rules regulating this subject are established by the constitution. Sometimes a majority of a quorum suffices to carry a measure, but commonly a majority of all the members elected to each house is necessary. In four States, Rhode Island, Delaware, North Carolina, and Ohio, the action of the Legislature alone is sufficient for the enactment of laws, as they have never given their Governors the veto power. Nor did the following States give their executives this power until the dates mentioned: Connecticut, 1818; Maryland and South Carolina, 1867; Tennessee and Virginia, 1870; West Virginia, 1872.

Forty States require all bills, and twenty-three States joint resolutions also, to be sent to the Governor for his approval before they become laws. The rules relating to the subject are very minute and cannot be summarized. New York in the years 1777–1821 intrusted the veto to the Governor, Chancellor, and Judges of the Supreme Court. Illinois, 1818-1848, gave the same power to the Governor and Supreme Judges. In Vermont, previous to 1838, the Governor and Council could suspend a law until the following session of the Legislature. The Governor of New York can veto some portions of a bill and approve other portions.

CHAPTER LII.

THE STATE EXECUTIVES.

684. Vesting the Executive Power.-Most of the States vest the supreme executive power in the Governor, but some vest it in the Governor, Lieutenant Governor, and the heads of certain enumerated departments. But this distinction is more in name than in fact, as we shall soon

see.

685. Elections, Terms, and Salaries.-These are regulated in the constitutions and laws, details being commonly left to the laws. The States present a considerable variety of provisions relating to these subjects. Most of them hold their elections on the day fixed by Congress for the election of National Representatives, Tuesday after the first Monday of November. In most States a plurality of the votes cast suffices for an election, but a few require a majority. In the last case, when the people fail to elect, the Legislature chooses one of the candidates voted for. In all the States holding gubernatorial elections in November, the term begins on or near the first Monday of January following.

In Massachusetts and Rhode Island the term is one year; in New Jersey and New York, three years; in California, Delaware, Florida, Illinois, Indiana, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nevada, North Carolina, Oregon, Pennsylvania, Virginia, Washington, West Virginia, and Wyoming, four years; in the other States, two years. The gubernatorial salary ranges from $1,000 in New Hampshire, Rhode Island, and Vermont to $10,000 in New York and Pennsylvania.

686. Duties of the Governor.-In general, these are inferior to the duties of the Colonial Governor, who was a vice-regal officer. First of all, the Governor must see that

the laws of the State are faithfully executed. He gives the Legislature information of the affairs of the State, in a message at the beginning of every session. He may, when the occasion calls for it, convoke the Legislature in special session; and in such cases he states in his message his reasons for so doing, and the Legislature, as a rule, can at such session legislate only upon the subjects that he thus brings to its attention. He nominates, and by and with the consent of the Senate, appoints all State officers whose appointment is not otherwise provided for. He fills vacancies in offices occurring in the recess of the Senate. Except in those States that have intrusted the business to a board of pardons, he grants reprieves and pardons to convicted offenders, unless in cases of impeachment. In all the States but four he has a limited veto on legislation. The Governor is commander-in-chief of the militia of the State, except when it is in the service of the United States. He may call out the militia to execute the State laws, to repel invasion, and suppress insurrection. As the commander of the militia, he appoints a military staff; adjutant, quartermaster, and commissary-generals, and aides-de-camp and sometimes also the higher militia officers. In some States the Governor is clothed with far more power than in others.

687. Executive Departments.-Every State has a Secretary of State, who keeps the State records, and has in his keeping the great seal, and a Treasurer, who is custodian of the State funds. Almost always there is an Auditor or Comptroller, whose business it is to examine and audit the public accounts, and draw warrants upon the Treasurer. Commonly there is an Attorney-General, who looks after the legal business of the State in the Supreme Court, and acts as the law adviser of the Governor and Legislature, and exercises some oversight of the county law officers. Mention may also be made of the Superintendent of Public Instruction. In different States are found