boards, bureaus, or offices of lands, emigration, labor, agriculture, education, insurance, railroads, statistics, health, mines, charities, and pardons. The principal of the officers enumerated in this section are generally elected by the people of the State; the minor ones are commonly appointed by the Governor by and with the advice and consent of the Senate.

688.

Governor's Relations to Heads of Departments. These are very different from the relations of the President to the members of his cabinet. Rarely has the Governor anything to do, more than any other citizen, with their appointment or election. They do not necessarily belong to the same political party, and frequently do not. They are elected by the people, and are not responsible to him. They may make their reports to him, but only as a matter of form. They are his colleagues rather than his subordinates. In no sense do they form a cabinet. As a result, the State administration is much less unified and centralized than the National administration.

In Part I. of this work we examined the councils that advised the Colonial Governors in the discharge of their executive duties. Some of them were advisory bodies solely, but most of them were also houses of legislation. Several of the old States, and two or three of the new ones formed from them, still have similar councils, although the legislative power that they once possessed has been handed over to the State Senates. These councils are merely advisory bodies to the Governor.

689. The Lieutenant-Governor.-Thirty-two States have such an officer. The Lieutenant-Governor is ex officio president of the Senate, and he succeeds to the office of Governor on the occurrence of a vacancy. Alabama, Delaware, Arkansas, Georgia, Maine, Maryland, New Hampshire, New Jersey, Oregon, Tennessee, West Virginia, and Wyoming, have no officer bearing the title. In these States the Senate elects its own president, and in nine of them this president becomes Governor in case of a vacancy. In Maryland the Legislature, if in session, elects a Governor

in such cases; otherwise the President of the Senate succeeds to the office. In Oregon the Secretary of State succeeds, and in Wyoming also until the vacancy is filled by an election.

CHAPTER LIII.

THE STATE JUDICIARIES.

690. Vesting the Judicial Power.-Every State has a completely developed judicial system. Sometimes the constitution creates all the leading features of the system, sometimes this is partly left to the Legislature. The kinds of courts are very similar in the different States, but the names show many variations. The several kinds will be briefly described.

691. The Justice's Court.-This has a limited jurisdiction in both civil and criminal cases. In Ohio no civil case can originate in this court if the sum in controversy exceeds $300.00. Many States make the limit still smaller. The justice administers penalties, as fines and imprisonment for petty offenses, and binds over for trial in the court above, or commits to jail, persons charged with crimes beyond his jurisdiction. The city police magistrate has a criminal jurisdiction similar to that of the justice of the peace. In some States the justice is appointed by the Governor, but in most he is elected by the town or township.

692. The County Court.-This is sometimes called the Circuit Court, sometimes the Court of Common Pleas, and sometimes by other names. In respect to the amount of business that it does, it is the most prominent court in the system. It has an appellate jurisdiction from the court below, and a wide original jurisdiction both civil and criminal. Some cities have a municipal court of the same grade as the county court, which does for the city what the other does for the county. A few cities have a complete system of courts within themselves. The county and

municipal courts meet, as a rule, four times a year, and so are called Courts of Quarter Sessions in some States.

693. The Probate Court. This also is a county

court.

Its principal duties relate to the settlement of the estates of deceased persons. It appoints administrators and guardians, and sometimes has a jurisdiction in condemning property for public use. In some States it issues marriage licenses. Some States have no Probate Court so-called, but intrust probate business to some other tribunal.

694. The Superior Court.-This court is also known by different names. Sometimes it is called the District

Court, sometimes the Circuit Court. The district or circuit includes commonly two or more counties. Sometimes this court is composed of the county judges of the counties embraced in the district or circuit, sometimes of special judges. In some States the supreme judges sit in this court, just as the National justices sit in the National Circuit Court. The Superior Court has an appellate jurisdiction from the county courts, and an original jurisdiction as well. The original jurisdiction of the Circuit Court of Ohio is the same as the original jurisdiction of the Supreme Court itself. Some States have still another class of courts intermediate between this one and the Supreme Court.

695. The Supreme Court.-As the name imports, this is properly the highest court of the State. It stands to the State system in the same relation that the Supreme Court at Washington stands to the National system. It sits at certain prescribed times at the State Capital, and in some States at other places. Its original jurisdiction is very narrow, but its appellate jurisdiction is very wide.

In 18 States the Supreme Court consists of 3 judges, in 12 States of 5, in 1 of 6, in 4 of 7, in 2 of 8, in 1 of 9. Their salaries range from $2,000 in Delaware to $8,000 in Pennsylvania ($8,500 for the Chief Justice).

696. Courts of Appeals.-In several States the Supreme Court in name is not such in fact; there is still a higher court that has been styled "the supremest court." In New York this is called the Court of Appeals, in New

Jersey the Court of Errors and Appeals, and in Kentucky the Superior Court. Louisiana has a Court of Appeals below the Supreme Court; Texas has two Supreme Courts, one for civil and one for criminal business.

697. Appointment of Judges.-At first the judges were appointed by the Governor and Council in Massachusetts, New York, and Maryland; in the other States, they were elected by the Legislatures. Now a great majority of judges are elected by the popular vote. In Connecticut, Rhode Island, Vermont, West Virginia, South Carolina, and Georgia, the Supreme Judges are elected by the Legislatures; in Maine, New Hampshire, Delaware, and Massachusetts, they are appointed by the Governor and Council; in New Jersey, Florida, Mississippi, and Louisiana, by the Governor and Senate. In the other States the people elect

them.

698. Tenure of Judges.-Early in the history of the Republic, the common rule was during good behavior. Now, the Supreme judges of New Hampshire and Delaware may serve until they are seventy years of age; in Massachusetts and Rhode Island, the term is life or good behavior; in the other States, the terms vary from two years in Vermont to twenty-one years in Pennsylvania.

699. Officers of Courts.-The constable who serves the processes of the justice's court, the sheriff who serves those of the county, district, and circuit courts, and the clerks of the several courts are commonly elected. The law officers of the several counties, variously called States' attorneys, prosecuting attorneys, and county attorneys, are also elected. It is the business of these officers to look after the legal business of the county, and especially to see that violations of the criminal laws are duly punished. They are also the law-advisers of the county authorities.

700. Jurisdiction. The jurisdiction of the State courts, in both civil and criminal cases, is co-extensive with the State constitution and laws. Cases arising in these