power to appoint many of the State officers who are not elected by the people. This appointive power is a wise provision in the administration of affairs of the State. The Governor is commanded to see that the laws are faithfully executed. If all the offices of trust in the State were occupied by those who were not in sympathy with the Governor's ideas as to what constituted the best government for the State, and if he were powerless to make the removals, there would be danger of constant friction of authority and a working at "cross-purposes." If the Executive is to be made responsible for good government, he must have the power to put into authority those who would enable him to "faithfully execute" the law. The most prominent State offices are filled by persons elected by the people, and the duties of the officers are defined by the Constitution and the legislative enactments. There are, however, many officers who obtain their positions through appointive power. These positions are filled during the session of the Legislature. All of the appointments made by the Governor must be confirmed by the Senate, with the exception of the vacancies occurring when the Legislature is not in session. The Senate must agree to the Governor's choice. If it does not agree, the appointment is not valid and a new selection is made to receive the legislative approval. This is one of the checks on the executive authority, and places some of the responsibility of good government upon the people themselves who have sent their constituents to the Senate to represent them in the making of the rules and regulations of our government. The Governor appoints the State Examiner, Engineer, Librarian, Geologist, Attorney General, Inspectors of Coal Mines, Veterinarian, Superintendent of Fish Hatcheries, Game Wardens and all members of the State Board of Health and Water Control, Commissioners for Stock and Pharmacy, Medical and Law Examiners, Trustees for the institutions for higher education and the Historical Society. Should a vacancy occur in any of these offices after the Legislature adjourns, the Governor has the power to fill the vacancy until the meeting of the next Legislature. The Governor is President of the State Board of Charities and Reforms. This board has general supervision and control of all charitable, reformatory and penal institutions of the State, including the insane asylum, penitentiary, deaf, dumb and blind asylum, general hospital, Soldiers' Home and all of the county jails of the State. (R. S. 1899, Sec. 633.) Except for treason and impeachment, the Governor can grant pardons to those who have been convicted by the courts, or he can substitute a less punishment than had been pronounced for a crime. If a criminal has been sentenced to be hanged, the Governor has the power to change the punishment to imprisonment for life, or absolutely pardon the offender; he can also grant reprieves, which temporarily suspend the execution of a sentence. He can remit or release fines and restore property which the courts have taken from the accused, call forfeitures. For conviction for treason the Governor can suspend the execution of the sentence and submit the case to the next Legislature. At each session of the Legislature he must make a statement of all the remissions of fines, reprieves, commutations or pardons granted by him and his reasons for doing the same. (Art. IV, Sec. 5.) Restoration of citizenship to one who has served a term in the penitentiary for crime can be given by the Governor. (R. S. 1899, Sec. 5462.) QUESTIONS. 1. Why is the Governor of the State called the executive? Who is called the Chief Executive of the United States? 2. Does the Governor have more power than the legislature? Why? 3. Who is the present Governor? What are his powers? What are his legislative powers? 4. What officials can become acting Governor? 5. What is a veto power? How is it overcome? Why should a Governor have this power? 6. What State officer has the Governor appointed in your county? 7. Are there more State officers elected by the people than appointed by the Governor? 8. What is a pardon and who has power to grant it? 66 9. Explain the term restoration of citizenship." 10. tion? place? Who were the candidates at the last gubernatorial elec- REFERENCES. Schouler, Constitutional Studies, pp. 267, 282. Roosevelt, American Ideals, No. VIII. Hart, Actual Government, Ch. VIII. Fiske, Civil Government in the United States, Ch. VI. Wilson, The State, Secs. 1126-1208. Ashley, The American Federal State, Ch. XVIII. Bryce, The American Commonwealth, I, Ch. XLI, p. 473. CHAPTER XI. THE JUDICIAL Department. CEDANT ARMA TOGAE* The Governor's first duty is to see that the laws of the State as contained in the Constitution and as made by the Legislature are executed and enforced. That these laws may be uniformly administered and authoritatively construed, the third department of the State, the Judiciary, is formed. The judicial branch of the government interprets the meaning of the laws, and applies it to cases in controversy. The laws are made by the Legislature and applied by the judiciary. The Judicial Department of the State consists of the Senate, which acts as the Court of Impeachment (Art. III, Sec. 17), a Supreme Court, district courts, Justices of the Peace, courts of arbitration and municipal courts. (Art. V, Sec. 1.) The Supreme Court consists of three Justices with a term of office of eight years, each receiving a salary of three thousand dollars per annum. Judges of the Supreme Court during territorial government were appointed by the President of the United States. At the first State election the three judges all served for a different length of time, one for four, another for six and the third for eight years. This arrangement was made in order to avoid having the term of office of the entire court expire at the same time. It is necessary that this court be continuous and that a majority, or two, of the Judges serve for at least two years before a new member is elected. In this way there is always some judges on the bench who are familiar with the regulations of their court. The Judge having the shortest *This was Wyoming's territorial motto and appeared on the territorial seal. "Let arms yield to the gown," or, "Let military authority give way to the civil power." The great seal of the State bears the wording "Equal Rights," and the seal of the University has for its motto "Equality." term to serve is the Chief Justice and presides at all terms of court. If a vacancy occurs in the office of the Supreme Court, the Governor has the power to appoint a Justice to hold the office until the next election and until his successor qualifies for office. (Art. V, Sec. 4.) Unless one be learned in law he is not eligible to the position of Justice of the Supreme Court. This provision is absolutely necessary in order to obtain "Justice and Equity" under the law. Knowledge of the construction and requirements of the laws must be had in order to enable the Justice to declare what was the original intent of the laws when enacted or as contained in Constitutional provisions. The Justice must have practiced law for at least nine years and have resided in Wyoming for three years, be thirty years or more of age and a citizen of the United States. (Art. V, Sec. 8.) No Judge can practice as an attorney in any of the courts of the State or serve as a counsellor at law (Sec. 25, R. S. 1899, Sec. 3293); nor can he hold any other office, elective or appointïve during his term of office. (Sec. 27.) This court must meet at least twice a year, on the first Mondays of May and October. (Sec. 7, R. S. 1899, Sec. 3280.) A majority of the court is necessary to constitute a quorum and transact business. (Sec. 5, R. S., Sec. 3284.) The Judges can exercise only judicial duties. (Sec. 16.) The clerk of the Supreme Court, who is also court stenographer, is appointed by the Justices. (Sec. 9, R. S., Sec. 3393.) This court appoints the State Board of Law Examiners, whose duty it is to examine and recommend applicants for admission to the Bar. (R. S., Sec. 3305.) The Supreme Court has power to decide if a law is constitutional. That is, it has the power to judge if an enactment violates any of the provisions of the Constitution. A law cannot be unconstitutional. The fact that the enactment is unconstitutional makes it impossible to be a law. The supreme law of the land is the Constitution of the United States, and Wyoming |
