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3. He is an ex officio member of the governing boards of the various educational institutions maintained by the state, and a number of other state boards.
4. He is vested with extensive appointing power. In some cases his appointments must be approved by the state senate, but in most cases this is not required. (See p. 264.)
5. He is commander in chief of the national guard of the state. The state militia referred to in article VIII of the constitution includes all able-bodied men in the state between the ages of eighteen and forty-five, except certain classes of persons who are exempt from military service. A complete militia roll is kept in the office of the adjutant general. (See $ 45.) This roll contained over 300,000 names in 1912. Most of these men belong to the reserve militia. The active militia is known as the national guard, which includes the naval militia.
In 1912 the national guard consisted of three regiments (36 companies) of infantry, organized into one brigade: three troops of cavalry; one company of signal corps; eleven companies of coast artillery ; two batteries of field artillery; nine companies of naval militia; and the officers of the governor's staff. The total strength of the force was something over 4300 officers and enlisted men, of which a little over 600 belonged to the naval militia. The support of the national guard is no light burden on the taxpayers. The state provides over $225,000 a year for the current expenses of the organization, in addition to occasional appropriations for the erection of armories.1 Members of the national guard receive no pay except when in camp or on duty in the service of the state. The money appropriated is used to pay rent for armories, to purchase uniforms and arms, and to meet other expenses.
The commander in chief appoints all officers above the rank of colonel. The appointment of the general officers of the line" must be approved by the senate, but this does not hold in the case of the adjutant general and the members of the governor's staff. The staff consists of the heads of the various departments of the national guard and a number of aids-de-camp. “ Field officers of a regiment or a battalion shall be elected by the field and company officers thereof." Company and troop officers are elected by the members of such organizations.
1 An appropriation was made recently to build armories in Sacramento, San Francisco, and Los Angeles; and to purchase a building for the purpose in San Diego.
The commander in chief authorizes the organization of the various companies, regiments, and other divisions; but the adjutant general, whose office is in the capitol, is in actual command of the national guard. He has the rank of brigadier general.
As stated in the constitution, “ the governor shall have power to call forth the militia to execute the laws of the state, to suppress insurrection, and to repel invasion.” He may on his own initiative order out any part of the force at any time to preserve order and enforce the law; or he may do so on the request of any sheriff, chief of police, United States marshal, or any state or federal judge.
The national guard is also a national force, and the federal government distributes $2,000,000 a year among the states for its support. California receives $100,000 of this each year. The national government also lends vessels to the state to be used as training ships by the naval militia. All state laws pertaining to the organized militia must be in harmony with the federal laws on the same subject, and the President may call the national guard into the service of the United States at any time it is required.
II. The Legislative Powers of the Governor. — The governor's legislative powers include: (1) his veto power; (2) his power to call extra sessions of the legislature and to designate in advance what shall be considered at any such session; and (3) his power and duty to make suggestions to the legislature as to measures which in his judgment should be enacted into law. He makes these suggestions in the form of messages. The legislature is not compelled to accept the suggestions, but if he has the confidence and support of the people of the state the "administration measures are quite likely to pass.
III. The Judicial Power of the Governor lies in the fact that he may set aside the judgments of the courts in criminal cases by pardoning persons who have been sentenced. This power is slightly restricted by article VII of the constitution.
128. The Lieutenant Governor.1 Unless the lieutenant governor is called upon to assume the office of governor, his only official duties are to act as president of the senate and as a member of the board of regents of the State University.
129. The Secretary of State.— The most important duties of the secretary of state are as follows:
1. He must keep on file in his office an accurate record of all laws, resolutions, and other official acts of the legislature; must cause the same to be printed and must distribute bound copies to all state officers, to our senators and representatives in Congress, to each state in the Union, to the Library of Congress, to the state library, and to various other libraries and institutions mentioned in the law. He must also distribute copies of all laws to each county officer.
2. He must distribute bound volumes of the decisions of the state supreme court, and of the district courts of appeal, to the state library and to the Library of Congress, to each state in the Union, and to various national, state, and county officers mentioned in the law.
3. He is the keeper of the great seal of the state. He must affix this seal to all commissions, pardons, and other public instruments to which the official signature of the governor is required. 1 Political Code, $8 377, 396.
2 Ibid, $ 407 sen.
4. He must keep a record of all articles of incorporation filed in his office ($ 19, 1); must record the official bonds of all state officers; must keep a record of land conveyed to the state, except land sold to the state for taxes; and must keep an accurate account of all fees collected by him. He collects fees for various services which he renders, such as furnishing copies of laws or other instruments on file in his office, receiving and filing articles of incorporation, issuing certificates of incorporation, receiving official bonds, etc. He must pay all moneys collected as fees to the treasurer at the end of each month.
5. He performs such duties in connection with elections, the incorporation of cities, the formation of new counties, and other matters, as the law prescribes.
6. Before the 15th of September of every even-numbered year, he must present to the governor a detailed report of all his official acts since his last report. He must show in detail how the money appropriated for the use of his office has been spent.
130. State Revenues. — The principal sources of the state's income are as follows:
1. A tax on certain corporations. The corporations in question and the amount of the tax in each case are stated in section 14, article XIII, of the constitution. It will be observed that the tax is a certain percentage of the gross receipts of the various corporations, except that in the case of banks it is a certain percentage of their capital stock. Banks and insurance companies must pay county and municipal taxes on any real estate which they possess, but the amount of these local taxes is deducted from the amount they otherwise would pay to the state. The other corporations are excused from all local taxes on property which is used in the operation of their business.
1 See Chapter II, and $$ 33 and 76.
2. A tax on franchises. The word franchise is used here in its widest sense, including not only the right to use a public highway for a special purpose, but any special privilege granted by law to private individuals. For example, when a group of men form a corporation, they acquire certain privileges from the state. Thus the right to be a corporation is a franchise. All corporations, except those referred to in the preceding paragraph, must pay a corporation franchise tax. Franchises cannot be taxed for local purposes, but this does not prevent cities from compelling corporations to pay for their franchises. Such a payment is not a tax, even though it may consist of a certain percentage of the annual income.
3. A corporation license tax. This is a tax collected by the secretary of state from all corporations doing business in the state, and is in addition to the franchise tax just mentioned.1
4. A poll tax of $2 is imposed annually on every man in the state from twenty-one to sixty years of age, except insane persons, paupers, and Indians not taxed. This is collected by county assessors. ($ 45.)
5. An inheritance tax. This is a tax imposed upon the property of deceased persons, when it passes by inheritance or will, to others. The rate of the tax depends upon the degree of the relationship existing between the deceased and the person to whom the property passes. There are certain exemptions in the law. For example, property equal in value to $10,000 may pass to the widow or a minor child of the deceased without the payment of any tax ($ 190).
1 Discontinued after June 30, 1914.