CHAPTER XI

THE GOVERNOR AND OTHER EXECUTIVES

General Provisions. The executive officers of the state are so numerous that it is possible to consider only the more important. There are, however, certain general provisions of the constitution which apply to all alike. In the first place, with the exception of the governor and the lieutenant governor, the state prescribes no special qualifications for its executive officers. Every state officer must take an oath to support the constitution of the United States and of the state of New York, and to perform his duties faithfully. In order to guard against corruption, a heavy penalty is imposed upon officers who accept a bribe. No official whose compensation is fixed by law is allowed to receive an additional compensation, nor can the salary of an officer be increased or diminished during his term of office. To minimize the influence exercised by large corporations upon legislation, the constitution provides that no state officer shall be permitted to accept a free pass, free transportation, or other special privileges from a railroad, telegraph, or telephone company.

The Governor. The most important officer in the state is the governor. A candidate for this position must be at least thirty years of age, a citizen of the United States, and a resident of the state for five years next preceding his election. He is elected by direct vote of the people for

a term of two years at a salary of $10,0001 per year, with the free use of the executive residence. In case of a tie vote, the legislature chooses by joint ballot a governor from the persons having an equal number of votes. The governor is removable only by impeachment. In case of removal by death, resignation, or impeachment, or in case of disability of any kind, he is succeeded by the lieutenant governor. In the event of the inability of the latter to serve, the office devolves upon the president pro tempore of the senate, and in case of his failure to serve, upon the speaker of the assembly.

Powers of the Governor. The powers of the governor are (1) executive, (2) legislative, and (3) judicial. His executive duties are to enforce the provisions of the constitution and all measures passed by the legislature. He is commander in chief of the military and naval forces of the state, and transacts all necessary business with the officers of the state, civil and military, many of the more important of whom he appoints. His legislative power consists in his exercise of the veto, his annual and special messages pointing out, many times, desirable legislation. In case he is a strong party leader and his party is in the majority in the legislature, his suggestions are generally followed. He may also convene the legislature, or the senate alone, in extra session whenever, in his opinion, the occasion requires. After a bill has been passed by both houses of the legislature, it is sent to the governor. After a bill reaches the governor, it takes the following course: (1) if approved by the governor, he signs it and the bill becomes statute law; (2) if the governor disapproves of

1 The legislature of 1910 passed a bill recommending that the constitution be amended, making the salary of the governor $20,000; senators, $3000; assemblymen, $2500.

the bill, he returns it within ten days, with a memorandum of his objections, to the house in which it originated; if it is repassed by a two-thirds majority of both houses, it becomes a law without his signature; (3) if it is not returned within ten days, Sundays excepted, it becomes a law without the governor's signature, unless the legislature has adjourned, when he has thirty days. The governor may appoint a public hearing upon any bill, and may veto items in an appropriation bill without vetoing the entire measure (Art. IV, §9, p. xviii). The governor's judicial power consists in granting reprieves, pardons, and commutations, except in cases of impeachment. Even in cases of treason he may suspend the execution of the sentence until the next session of the legislature. He must, however, report annually to the legislature all cases of the exercise of this power (Art. IV, §5, p. xvii).

The power of the governor is further shown in his appointment of a large number of important administration officials, boards, and commissions charged with the duty of carrying into effect the laws of the state. There are eighteen such departments, chief among which are the civil-service commission, public-service commissions (one for the metropolitan district, one for the rest of state), commissioner of excise, commissioner of labor, superintendent of banks, superintendent of insurance. The governor exercises the power of removal of certain state officials with the consent of the senate, and of certain county and city officials without its consent (Art. X, § 1, p. xliii). He may assign justices of the supreme court to certain duties, and may fill vacancies in certain judicial, state, and county offices. He1 may appoint a

1 In 1908 President Roosevelt invited the governors of the states to meet him in Washington and talk over important matters. The governors

United States senator to fill a vacancy pending election, and may order an election in a congressional district to fill a vacancy in Congress, and in this way directly influence federal legislation.

The Lieutenant Governor. Though the lieutenant governor occupies a less commanding position than does the governor, it would be a great mistake to select for the place a man who would not make a good governor should he for any reason be called upon to assume the duties of that office, as has happened. Like the governor, he is elected by direct vote of the people for a term of two years. His salary is $5000 per year. He is ex officio president of the senate; and by having the casting vote in case of a tie, and by his power of recognizing members who desire to speak, he may materially influence legislation. He is also ex officio member of certain administrative boards and commissions.

Other Administrative Officers. The governor is assisted in the performance of the executive work of the state by a large number of administrative officers, boards, and commissions, of whom some are elected directly by the people, others are appointed by the governor with the advice and consent of the senate. Some of these officials correspond exactly in name and function to the president's assistants, the heads of the great executive departments in the national government; but their relation to the governor differs very considerably from the relation of the president's assistants to him. The administrative officers

have met several times since for similar purposes upon their own motion. This meeting together is referred to as the House of Governors, and their discussion of important questions is likely to have its effect upon uniform state legislation, and may have some bearing upon federal and state relationship, defining more clearly the field of each.

of the state, particularly those elected directly by the people, are practically independent of the chief executive, and are in no sense a cabinet. They do not form an advisory council and need not hold political views in harmony with his. The elective officers are not subject to removal by the governor; and even in the case of appointive officers, the governor can exercise his power of removal only under restrictions. These officers are to a large degree the managers of the state's business, for the state, like the individual, has its purely business interests. These interests are varied and require the personal attention of hundreds of assistants. Some of the more important business matters are the collection and distribution of the taxes; the administration of schools, charitable institutions, prisons, and canals; the purchase, sale, and care of public lands; the payment of employees, etc. It is simply good business management on the part of the people so to protect their business agents that they cannot be seriously interfered with while discharging their obligations to the state.

Secretary of State. The secretary of state is elected for a term of two years by the voters of the entire state, in the same manner as the governor. His salary is $6000 per year. He is the keeper of the state archives and the great seal, and superintends the publication and distribution of the laws, to which he attaches his certificate. He administers the oath of office to the members of the legislature and to other state officers, and reports to the legislature annually. He is ex officio a member of the land office and canal fund, a member of the canal board, of the board of state canvassers (of elections returns), of the state board of equalization of assessments, of the state printing board, and one of the officers to designate the state paper. He is a trustee of Union College; he fixes the salaries of the resi