Слике страница
PDF
ePub

1. low con

stituted.

1. How constituted.

V.

EXECUTIVE DEPARTMENT.

I. GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY OF
STATE, EXECUTIVE COUNCIL, ETC.

OHIO A 3, S 1. The executive department shall consist of
a governor, lieutenant governor, secretary of state, auditor
of state, treasurer of state and an attorney general. * *

All the states have similar provisions, varying only as to names and number of officers.

The following dissimilarities are to be noted:

(1) No Lieutenant Governor included:

Ariz. A 5, S 1; Ark. A 6, S 1; Me. A 5, Pt. 1, S 1; A 5, Pt. 2, S 1;
A 5, Pt. 3, S 1; A 5, Pt. 4, S 1; A 9, S 11; Md. A 2, S 1 & 22; A 5,
S 1; A 6. S 1; Nev. A 5, S 1, 17, 19; N. H. Pt. 2, A 40 & 66; N. J. A 5,
S 1; A 7, S 2, Par. 3 & 4; Tenn. A 3, S 1; A 6, S 5; A 7, S 3; Utah A 7,
S 1; W. Va. A 7, S 1; Wyo. A 4, S 1 & 11.

(2) No Auditor included. (Articles and sections when not noted are
those in preceding paragraphs.)

Ky. S 69 & 91; Me.; N. H.; R. I. A 7, S 1; A 11, S 1;. Wis. A 5, S 1;
A 6, S 1.

(3) No Attorney General included:

Ind. A 5, S 1 & 2; A 6, S 1; Iowa A 4, S 2, 3 & 22; N. H.; Vt. A 10 (amdt) & A 28 (amdt); Wyo.

(4) Superintendent of Instruction included:

Ala. A 5, S 112; Ariz.; Col. A 4, S 1; Fla. A 4, S 20; Idaho A 4, S 1;
Ill. A 5, S 1; Kas. A 1, S 1; Ky.; Miss. A 5, S 116, 128, 133, 134; A 6,
S 173; A 8, S 202; Mo. A 5, S 1; Mont. A 7, S 1; Neb. A 5, S 1; N. M.
A 5, S 1; N. C. A 3, S 1; N. D. A 3, S 82; Okla. A 6, S 1; Pa. A 4, S 1;
S. C. A 4, S 1 & 5; S. D. A 4, S 1 & 12; Utah.; Wash. A 3, S 1; W. Va.;
Wyo.

(5) Superintendent or Commissioner of Agriculture included:
Ala.; Fla.; Ky.; N. D.; Md.

(6) Commissioner or register of land office or of public lands, in-
cluded:

Kan.; Ky.; Mich. A 6, S 1; Neb.; N. M.; S. D.; Tex. A 4, S 1;
Wash.

(7) Surveyor General included:

Cal. A 5, S 1, 15 & 17; Nev.; N. Y. A 4, S 1; A 5, S 1.

(8) Commissioner of Insurance included:

Del. A 3, S 1, 2, 10 & 19; N. Dak.; Okla.

(9) Superintendent of Labor (sometimes of "Labor and Agriculture") included:

Ky.; Md.; Okla.

(10) Receiver General included:

Mass. Pt. 2, Ch. 2, S 1; A 1, Ch. 2, S 2 & A 17 (amdt).

(11) Commissary General included:

N. H.

(12) Secretary of Internal affairs included:

Pa.

(13) Adjutant and Inspector General included:

S. C.

(14) Railroad Commissioners included:

N. D.

(15) State Examiner and Inspector, chief mine inspector, and Commissioner of Charities and Corrections included:

Okla.

(16) Executive Council included:

Me. A 5, Pt. 2.

Mass. A 16 (amdt).

N. H. A 59, Pt. 2.

N. C. A 3, S 14.

II. GENERAL PROVISIONS.

See also under Governor, Secretary of State, etc. A few constitutions provide that all officers must be residents of the state, citizen of the United States, and of a certain age. Most of them contain similar provisions with reference to the particular officers.

The following contain provisions effecting all officers:

(1) Must all be residents of the state:

Ark. A 19, S 4; Ariz. A 5, S 2 (five years citizen); Col. A 4, S 4 (two
years); Ill. A 7, S 6 (one year whether elective or appointive); Mass.
A 17 (amdt) (see also governor); Mo. A 8, S 12 (one year); Mont. A 7,
S 2 (two years); N. M. A 5, S 3 (five years); Tex. A 16, S 14; Utah
A 7, S 3 (five years).

(2) Must all be citizens of the United States:
Sections same as preceding, unless given.

Ariz. ten years); Col.; Ill. A 7, S 6; Mo. A 8, S 12; Mont. A 7, S 2;
N. M. A 5, S 3; N. D. A 3, S 82; Wash. A 3, S 25.

(3) Must all be of not less than certain age:

Sections same as preceding.

Ariz. (twenty-five years); N. M. A 5, S 3 (thirty years). (4) Must all have educational qualifications:

Maine A 29, (Amdt 1892). No person shall have the right to vote or be eligible to office under the constitution of this state who shall not be able to read the constitution in the English language and write his name: Provided, however, that the provisions of this ame ndment shall not apply to any person prevented by a physical disability from complying with its requisition, nor to any person who now has the right to vote, nor to

1. Eligibility. Must all be residents of the state.

Must all be citizens of the United States.

Must all have educational qualifications.

1. Eligibility to office.

Duelists not eligible.

Embezzler of public funds, ineligible.

Defaulter of public funds, ineligible.

Bribery, perjury and other

infamous crime, ineligible.

any person who shall be sixty years of age or upwards at the time this amendment takes effect.

(5) Two states provide that all officers must be male:

Ariz. A 5, S 2; Okla. A 6, S 3.

OHIO A 15, S 4. No person shall be elected or appointed to any office in this state, unless he possess the qualifications of an elector.

Provisions similar to the above are found in the following:

Ark. A 19, S 3; La. A 210; Miss. A 12, S 250; Nev. A 15, S 3; N. D.
A 3, S 82; R. I. A 9, S 1; S. C. A 17, S 1; Utah A 7, S 3; Va. A 2, S 3
(elector eligible to any office); Wash. A 3, S 25; W. Va. A 4, S 4; Wyo.
A 6, Pt. 2, S 3.

OHIO A 15, S 5. No person who shall hereafter fight a duel,
assist in the same as second or send, accept, or knowingly
carry a challenge therefor, shall hold any office in this state.
Similar provisions are found in the following states:

Ark. A 19, S 2 (for ten years); Cal. A 20, S 2; Col. A 12, S 12; Ga. A 2, S 4, Par. 1; Ind. A 2, S 7; Kan. A 5, S 5; Ky. S 239; Md. A 2, S 41; Mo. A 14, S 3; Nev. A 13, S 3; N. C. A 14, S 2; Ore. A 2, S 9; Pa. A 12, S 3; Tenn. A.9, S 3; Tex. A 16, S 4; W. Va. A 4, S 10; Wis. A 13, S 2.

OHIO A 2, S 5. No person hereafter convicted of an embezzlement of the public funds shall hold any office in this

[blocks in formation]

Similar provisions found in the following states:

Ala. A 4, S 60; Ark. A 3, S 6; Cal. A 20, S 10; Colo. A 12, S 4; Del.
A 2, S 21; Idaho A 6, S 3; III. A 4, S 4; Ind. A 2, S 6; Nev. A 4, S 10;
Ore. A 2, S 7; Pa. A 2, S 7; S. D. A 3, S 28.

Wisconsin A 13, S 3.
And no person being a defaulter to the
United States, or to this state or to any county, or town there-
in, or to any state or territory within the United States, shall
be eligible o any office of trust, profit or honor in this state.

Similar provisions are found in the following states:

Col. A 12, S 3; Ga. A 2, S 4, Par. 1; Ind. A 2, S 10; III. A 4, S 4; Iowa
A 3, S 23; La. A 182, S 2; Md. A 3, S 12; Miss. A 4, S 43; Neb. A 14,
S 2; Nev. A 4, S 10; Ore. A 2, S 11; Tenn. A 2, S 25; Tex. A 3, S 20;
W. Va. A 6, S 14; Wis. A 13, S 3.

The following states exclude those convicted of bribery, perjury, and
other infamous crimes:

Ala. A 4, S 60; Ark. A 3, S 8; Cal. A 20, S 10 (bribery in own election); Colo. A 12, S 4; Del. A 2, S 21; Idaho A 6, S 3; Ill. A 4, S 4; Ind. A 2, S 6 (bribery in own election, only); Kan. A 5, S 2 (any felony), S 6 (bribery in own election); Ky. S 150; La. A 202 (any felony), A 183 (bribery); Md. A 1, S 3 and A 3, S 50; A 1, S 7 (convicted of violating oath of office); Mass. Pt. 2, Chap. 6, A 2 (corruption in own election,

only); Miss. A 4, S 44; Neb. A 14, S 2 (any felony); Nev. A 4, S 10; N. H. Pt. 2, A 95 (corruption in own election, only); N. C. A 6, S 8 (any felony); Ore. A 2, S 7 (bribery in own election); Pa. A 3, S 32; A 8, S 9; R. I. A 9, S 2 (bribery in own election, only); S. C. A 17, S 8 (gambling); S. D. A 3, S 28; Tenn. A 10, S 3 (bribery disqualifies for six years); Tex. A 16, S 5 (similar to Mass.); Wash. A 2, S 30 (corrupt solicitation, and bribery, only); Wis. A 13, S 3 (any infamous crime); Wyo. A 3, S 44 (bribery and corrupt solicitation, only).

OHIO A 5, S 4. The General Assembly shall have power to exclude from the privilege of voting or of being eligible to office any person convicted of bribery, perjury or other infamous crime.

Similar provisions in the following states:

Cal. A 4, S 21; Fla. A 6, S 5; Me. A 9, S 13; Md. A 1, S 3 and A 2, S 50;
Ind. A 2, S 8; Tex. A 16, S 2.

Legislature may exclude.

Mississippi A 14, S 265. No person who denies the existence Must believe of a Supreme Being shall hold any office in this state.

Similar provisions in the following states:

Ark. A 19, S 1; N. C. A 6, S 8; S. C. A 17, S 4; Tenn. A 9, S 2. Pennsylvania A 8, S 15. Nor shall any election officer be eligible to any civil office to be filled at any election at which he shall serve, save only to such subordinate, municipal or local offices below the grade of city or county offices as shall be designated by general law.

No person holding any lucrative office under the United States, or any other power, eligible to any civil office of profit:

Ala. A 17, S 280 (except Post-Masters salary under two hundred dollars); Cal. A 4, S 20; Del. A 3, S 11 (except officers appointed by courts); Fla. A 16, S 15; Ill. A 4, S 3 (except postmasters under three hundred dollars); Ind. A 2, S 9; Ky. S 237; La. A 164; Miss. A 14, S 266 ; Mo. A 14, S 4; Nev. A 4, S 9; N. C. A 14, S 7; Ore. A 2, S 10; Pa. A 12, S 2; R. I. A 9, S 6; Tex. A 16, S 12; Utah A 7, S 23; Vt. Chap. 2, S 26; Wis. A 13, S 3 (postmasters excepted); Wyo. A 6, Pt. 2, S 7.

In very few of the states are none of the officers eligible to a succeeding

term.

In the following there is such a general provision:

Ala. A 5, S 116; Ky. S 71 & 93; N. M. A 5, S 1 (except commissioner of public lands and superintendent of instruction).

No Ohio provision.

Oregon A 2, S 10. Nor shall any person hold more than one lucrative office at the same time, except as in this constitution expressly permitted: Provided, that, officers in the militia to which there is attached no annual salary and the office of postmaster when the compensation does not exceed $100.00 per annum, shall not be deemed lucrative.

in God.

Election official ineligible.

Holder of office.

Eligible to
Re-election.

To hold no other office during term.

2. Dutles and

powers.

(1) To take

oath of of

fice.

(2) To make reports and to keep accounts.

Similar provisions in the following states:

Ala. A 17, S 280; Ark. A 6, S 22; Conn. A 10, S 4; Del. A 3, S 10 (nam-
ing those ineligible); Fla. A 16, S 15; Ill. A 5, S 5 (except treasurer);
Ind. A 2, S 9; Ky. S 165; La. A 170; Me. A 9, S 2 (names incompatible
offices); Md. A 35 (bill of rights); Mont. A 7, S 4; Neb. A 5, S 2;
N. H. Pt. 2, A 93 (to hold not more than two offices); Ore. A 2, S 10;
R. I. A 9, S 6; S. C. A 2, S 2 (similar to N. H.); Tenn. A 2, S 26;
Tex. A 16, S 40; Vt. Chap. 2, S 26 (naming the ineligible); W. Va. A 7,
S 4.

Wyo. A 6, Pt. 2, S 7 (legislature to decide what offices incompatible).
OHIO A 15, S 7. Every person chosen or appointed to any
office under this state, before entering upon the discharge of
his duties shall take an oath or affirmation to support the con-
stitution of the United States and of this state, and also an
oath of office.

Similar provisions in most states; many setting out the oath to be taken:

20, S 3; Colo. A 12, S 8; Ga. A 5, S 1, Par. 10 (govIowa A 11, S 5; Kan. A 2,

Ala. A 16, S 279; Ark. Á 19, S 20; Cal. A
Conn. A 10, S 1; Del. A 14; Fla. A 16, S 2;
ernor only); III. A 5, S 25; Ind. A 15, S 4;
S 7; Ky. S 228; La. A 160; Me. A 9, S 1; Md. A 1, S 6; Mass. A 6
(amdt); Mich. A 16, S 2; Minn. A 5, S 8; Miss. A 14, S 268; Mo. A 14,
S 6; Neb. A 14, S 1; Nev. A 15, S 2 (amdt, 1911); N. H. Pt. 2, A 3, S 8
(governor); N. M. A 20, S 1; N. Y. A 13, S 1; N. C. A 6, S 7, &
A 3, S 4 (governor); Okla. A 15, S 1; Ore. A 15, S 3; Pa. A 7, S 1;
R. I. A. 9, S 3; S. C. A 3, S 26; S. D. A 21, S 3; Tenn. A 10, S 1;
Tex. A 16, S 1; Utah A 4, S 10; Vt. chap. 2, S 29; Va. A 2, S 34; W.
Va. A 4, S 5; Wis. A 4, S 28; Wyo. A 6, Pt. 2, S 8.

OHIO A 3, S 20. The officers of the executive department,
and of the public state institutions shall, at least five days pre-
ceding each regular session of the General Assembly, sever-
ally report to the Governor, who shall transmit such reports,
with his message to the General Assembly.

Similar provisions, with the added requirement that they keep ac-
counts in some, in the following states:

Colo. A 4, S 16 (semi-annual report to governor, S 17); Fla. A 4, S 27;
Ga. A 7, S 15, Par. 1 (Comptroller General and Treasurer, only to make
quarterly reports); Idaho A 4, S 17 (semi-annual report to governor);
III. A 5, S 20, & 21; Kan. A 1, S 16; Mo. A 5, S 22; Mont. A 7, S 19;
Neb. A 5, S 21, & 22; N. M. A 5, S 9; N. C. A 3, S 7; Tex. A 4, S 24;
W. Va. A 7, S 17, & 18.

Illinois A 5, S 20. An account shall be kept by the officers of
the executive department and of all the public institutions of
the state, of all moneys received or disbursed by them severally
from all sources and for every service performed and a semi-
annual report thereof be made to the governor under oatn;
and any officer who makes a false report shall be guilty of per-
jury and punished accordingly.

« ПретходнаНастави »