258. Succession of the Executive, Etc.-Sec. 17. In case of the death, impeachment, resignation, removal from office, or other disability of the governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve on the lieutenant-governor.

Sec. 18. The lieutenant-governor shall be the president of the Senate, but shall only vote when the Senate is equally divided; and in case of his absence or impeachment, or when he shall exercise the office of governor, the Senate shall chose a president pro tempore.

Sec. 19. If the lieutenant-governor, while acting as governor, shall be impeached, displaced, resign or die, or otherwise become incapable of performing the duties of the office, the president pro tempore of the Senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of governor, the same shall devolve upon the Speaker of the House of Representatives.

Notice that the succession to the governor's office is similar to the old succession to the presidency.

259. The Great Seal.-Sec. 20. There shall be a seal (61) of this State, which shall be kept by the Governor and used by him officially, and shall be called the Great Seal of the State of Iowa.

Sec. 21. All grants and commissions shall be in the name and by the authority of the people of the State of Iowa, sealed with the Great Seal of the State, signed by the governor and countersigned by the secretary of State.

260. Executive Council.-Sec. 22. A secretary of State, auditor of State, and treasurer of State shall be elected by the qualified electors, who shall continue in office two years, and until their successors are elected and qualified, and perform such duties as may be required by law.

The governor, secretary of State, treasurer, and

auditor constitute the Executive Council. Any three of this council constitute a quorum. Each formerly drew a salary of $500 a year.* Some of the duties of the executive council are:

(1) To act as a board of equalization of taxes between counties, so that all counties may bear a fair share of the State expenses.

(2) To act as a board for canvassing election returns from counties, as noticed in Sec. 3 above (253).

(3) To act as a business board having charge of the State Capitol, and providing for the stationery and supplies for the State offices. In this capacity they have charge of an emergency fund, which they may use at their discretion to meet unforseen expenses. (4) They also have charge of the State census.

The Secretary of State.-This officer acts as secretary of the executive council, keeping a journal of its proceedings, and caring for all reports received by the council touching election returns, tax levies, and census reports. * He also has charge of the great papers of the State, including all the acts of the territorial legislature, the several constitutions of the State and all the laws and resolutions passed by the successive State legislatures. All commissions of State, officers must be countersigned by him, and recorded in a book provided for that purpose. He receives reports from county clerks concerning the criminal cases in the various district courts, and makes an abstract of the same to the governor just before each

*By the new law (1897) the executive council choose their secretary; and the salary of $500 is discontinued.

These

regular session of the General Assembly. abstracts are useful to the governor in connection with his message to the assembly. (Art. IV., Sec. 12). It is the duty also of the secretary of State to receive and preserve all papers sent to him relating to the incorporation of cities and towns.

262. The Auditor of State. He is the general accountant of the State, and his books must show all the receipts and expenses, all the debts and credits of the State. He settles with county treasurers and all persons who receive State revenues of any kind, and all who owe money to the State treasury. On the other hand, he settles claims against the State, and gives a warrant over his own signature authorizing the payment of each claim by the State treasurer. If he finds a claim to be just and right, but not provided for by any appropriation, he gives the claimant a certificate that his claim is legal, and this is the basis for an appropriation by the next assembly. He is the general business manager of State affairs, and has charge of all books, papers, mortgages, leases, bonds, etc., connected with the money affairs of the State not required to be kept in some other office. On the first Monday in March and September, he apportions the interest of the permanent school fund of the State among the several counties in proportion to the number of persons between five and twenty-one years of age, in each county.

263. The Treasurer of State.-This officer has

charge of the State funds. With the advice and approval of the executive council, he designates one or more banks in the city of Des Moines as a depository of

all receipts of the State, and these banks give bonds for the faithful care of the funds and for the payment of all drafts made by the treasurer. The treasurer makes two receipts for all payments made to the treasury, one of which goes to the party making the payment, and the other to the auditor as a basis for entries in the auditor's report of receipts and expenditures. He pays no money out of the treasury except on the order or warrant of the auditor as stated above. Like all other State officers, he makes an annual report to the governor.

264. The Attorney-General. This officer is the legal adviser of the State officers, and acts as prosecuting attorney for the State in all criminal and civil actions in which the State is a party, and his services are required by the governor, executive council, or General Assembly. He acts for the State in all cases in the Supreme Court. The attorney general and all members of the executive council, except the governor, are elected in November of the even years.

During the first few years of the State government, there was no regular officer that represented the State of Iowa in cases before the supreme and United States courts, an attorney being employed from time to time as the necessities required. However, January 9, 1853, the General Assembly passed a law that provided for the election of such an officer by the vote of the people, and when the constitution of 1857 was drafted, this officer was duly recognized as a State officer, whose term of office was to last for two years. His duties were subject to the laws that might be enacted by the General Assembly.

265. Railroad Commissioners.-They are three in number and are elected by the people. They were formerly appointed by the governor and confirmed by the executive council. One commissioner is elected

each year. They have the supervision of the steam railroads of the State, and insure the proper service of the public in regard to safety of bridges, number of trains, stations, passenger and freight rates, and various other matters, by advising the railroad corporations of what the law requires or what is considered by the commissioners as just and right. This advice is also reported to the next General Assembly. In accordance with a law passed by the Twenty-sixth General Assembly, the railroad commissioners have the supervision of express companies in the State of Iowa.

266. The Superintendent of Public Instruction. -This officer is elected by the people of the State in the odd years. He is allowed a deputy and such other clerical help as the General Assembly sees fit to provide. He has general supervision of the schools of the State. The regular questions for the examinations of the teachers of Iowa are prepared at the office of the State superintendent, and many circulars of suggestion and information are prepared by him and sent to the teachers of the State. He holds conventions of the county superintendents for the discussion of educational questions, and in many ways aids and encourages the teachers of the State. Cases of appeal from the county superintendents are decided by the State superintendent, and he gives official opinions on questions of school law to county superintendents, school boards, and other officials.

By virtue of his office he is president of the board of directors of the State Normal School, and of the educational board of examiners, and a member of the board of regents of the State University. He