The Government Class Book by Andrew W. Young

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Sec.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.

Sec.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.

Sec.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 passage 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.

Sec.10. The different steps in the progress of a bill, or the different
forms of action through which it has to pass, 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
assemblies, 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.

Sec.11. A bill, before it is passed, 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.

Sec.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 passage.

Sec.13. When the final vote is to be taken, the speaker puts the question:
"Shall the bill pass?" If a majority of the members present vote in the
affirmative, (the speaker also voting,) the bill is passed; 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 passage of a bill, a bare majority of the members
present is not sufficient to pass it, in case any members are absent.
The constitutions of those states require the votes of a majority of
_all the members elected_ to each house.

Sec.14. When a bill has passed one house it is sent to the other, where it
must pass 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 passage. 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.

Sec.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 passed one house is sent to the other where
the mistakes of the former may be corrected, or the bill wholly
rejected.

Sec.16. But in many of the states, a bill, when passed 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_.

Sec.17. But no governor has full power to prevent the passage 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
passed by both houses, it will be a law without the governor's assent
But in such cases greater majorities are generally required to pass 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 pass 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 passed by both
houses and signed by their presiding officers.

Chapter XII.

Executive Department. Governor and Lieutenant-Governor.

Sec.1. The chief executive power of a state is, by the constitution, 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.

Sec.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.

Sec.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.

Sec.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.

Sec.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 constitution devolved upon the governor.

Sec.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.

Sec.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.

Assistant Executive State Officers.

Sec.1. Among the executive officers who assist 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
constitution 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.

Sec.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 documents required
by law to be kept in his office. He causes the laws passed 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.

Sec.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.

Sec.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.

Sec.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.

Sec.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.

Sec.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.

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

Sec.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 documents of the two houses of the legislature, and all the laws
passed 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.

Sec.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 institutions, whose duties are
indicated by their titles, and need no particular description.

Chapter XIV.

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

Sec.1. Some of the purposes for which a state is divided into small
districts have been mentioned. (Chap. VII, Sec.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 assistant
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.

Sec.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.

Sec.3. Counties in England were formerly districts governed by _counts_ or
earls; from which comes the name of _county_. A county was also called
_shire_; and an officer was appointed by the count or earl to perform
certain acts in the principal town in the county, which was called
_shire town_, and the officer was called _shire-reeve_, or _sheriff_,
whose powers and duties were similar to those of the sheriff of a county
in this country. The shire town is that in which the court-house and
other county buildings are situate, and where the principal officers of
the county transact their business. In a few counties there are two
towns in which the courts are held alternately. Hence each division is
called a _half-shire_.

Sec.4. Counties and towns are bodies politic, or bodies corporate.
_Corporate_ is from the Latin, _corpus_, which means _body_. A
_corporation_, or body politic, is an association of persons authorized
by law to transact business under a common name, and as a single person.
The laws of the state give such authority to the inhabitants of counties
and towns. The people of a town or county have power, to some extent, to
manage their own internal affairs, and to make rules and regulations for
their government; and they may buy, hold, and sell property, and sue and
be sued, as an individual. Similar powers are given to rail-road,
banking, insurance, and other incorporated companies. But there is in
some respects a difference between these corporations and those which
are created for purposes of government, as states, counties, towns,
cities, and villages, which will be noticed in another place. (Chap.
XVI.)

Sec.5. As a county possesses various corporate powers, there must be among
its officers some in whose name these powers are to be exercised. In
some states there is a board of _county commissioners_, (usually three,)
who exercise corporate powers. In a few, these powers are exercised by
and in the name of the _board of supervisors_, which is composed of the
supervisors of the several towns in the county, of whom there is one
supervisor in each town. These boards, or such officers in other states
as exercise these powers, have generally the power also to examine and
settle the accounts against the county, and to make orders and contracts
in relation to the building or repairing of the court-house, jail, and
other county buildings; and to perform such other acts as the laws
require.

Sec.6. There is in each county a _treasurer_ to receive and pay out the
moneys required to be collected and paid out in the county. There is
also, in some states, a county _auditor_ to examine and adjust the
accounts and debts of the county, and to perform certain other duties.
The business of county treasurers and auditors in their respective
counties, is of the same nature as that of state auditors and
treasurers. In states in which there is no county auditor, the duties of
auditor are performed by the treasurer, and some other county officer or
officers.

Sec.7. There is also in each county a _register_ or _recorder_, who records
in books provided for that purpose, all deeds, mortgages, and other
instruments of writing required by law to be recorded. In New York, and
perhaps in some other states, the business of a register or recorder is
done by a county clerk, who is also clerk of the several courts held in
the county, and of certain boards of county officers. In some states,
deeds, mortgages, and other written instruments, are recorded by the
town clerks of the several towns.

Sec.8. Another county officer is a _sheriff_, whose duty it is to attend
all the courts held in the county; to execute all warrants, writs, and
other process directed to him by the courts; to apprehend persons
charged with crime; and to take charge of the jail and of the prisoners
therein. It is his duty, also, to preserve the public peace; and he may
cause all persons who break the public peace within his knowledge or
view, to give bonds, with sureties, for keeping the peace, and for
appearing at the next court to be held in the county, and to commit them
to jail if they refuse to give such bonds. A sheriff is assisted by
deputies.

Sec.9. There are in each county one or more _coroners_, whose principal
duty is, to inquire into the cause of the death of persons who have died
by violence, or suddenly, and by means unknown. Notice of the death of a
person having so died is given to a coroner, who goes to the place of
such dead person. A jury is summoned to attend the examination;
witnesses are examined; and the jury give their opinion in writing as to
the cause and manner of the death. Such inquiry is called a _coroner's
inquest_. In one or two states, the office of coroner, it is believed,
does not exist; in which case the inquest is held by a justice of the
peace, or some other officer.

Sec.10. An attorney, elected or appointed for that purpose, attends all
courts in which persons are tried in the county for crimes committed
therein, and conducts the prosecutions in the trial of the offenders. In
states where there is no attorney-general for the state, the prosecuting
attorney for each county serves in this capacity, in trials in which the
state is a party. As all crimes and breaches of the peace are considered
as committed against the state, and prosecuted in its name, this
attorney is sometimes called _state's attorney_.

Sec.11. In some states there is a _county-surveyor_, whose duties within
his county are similar in their nature to those of a state
surveyor-general.

Sec.12. County officers are generally elected by the people of the county.
Some of them are, in some of the states, appointed by some authority
prescribed by the constitution or laws of the state.

Chapter XV.

Towns and Town Officers. Powers and Duties of Town Officers.

Sec.1. The districts of territory into which counties are divided, are, in
some states, called _towns_. In others they are called, and perhaps more
properly, _townships_; and the name of _town_ is given to an
incorporated village, or a city. We shall, however, in this work, apply
to these territorial divisions the shorter name of _towns_, as they are
called in most of the old states.

Sec.2. The electors of the several towns meet once a year for the election
of town officers, and for certain other business purposes. The electors
of a town have power, at their annual town meetings, to order money to
be raised for the support of the poor, for the building and repairing of
bridges, and for other town purposes; to make regulations concerning
fences; to fix the compensation of town officers in certain cases; and
to perform such other duties as come within the usual powers of towns.
The powers of towns, however, are not precisely the same in all the
states.

Sec.3. Among the town officers elected at town meetings, are the following;
not all of them, however, are elected in any one state: One or more
persons who have the general oversight and direction of town affairs,
called by some name corresponding to the nature of their duties; a town
clerk; one or more assessors; justices of the peace; overseers of
highways; overseers of the poor; school officers; constables; a
collector of taxes; a treasurer; fence-viewers; pound-keepers, &c. In
some states there are also sealers of weights and measures; persons to
measure and inspect wood, lumber, bark, and other commodities.

Sec.4. The officers first mentioned in the preceding section, are, in the
New England states, called _selectmen_, of whom there are at least
three, and may in no state be more than nine, in each town. In a few
states they are called _trustees of townships_, and are three in number.
In a few other states, there is in each town one such officer, called
_supervisor_. The powers and duties of these officers are more numerous
in some states than in others. They have power to lay out roads, and lay
out and alter road districts; to do certain acts relating to roads,
bridges, taxes, common schools, the support of the poor, &c.; and to
examine and settle all demands against the town. In some of the states,
some of these duties are performed by other officers.

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