CHAPTER VII THE EXECUTIVE (Concluded) ADMINISTRATIVE DEPARTMENTS 1. Heads of State Departments-Besides the governor and the lieutenant-governor, the Constitution names five other officers in the executive department (Art. V., § 1). Each of these is really the head of a separate department of the administration such as in the Federal government are called cabinet departments. They are the secretary of state, the auditor of public accounts, the treasurer, the superintendent of public instruction, and the attorney-general. 2. Election and Term of Office-They are all elected by the people at one of the general elections, and all but the treasurer for the term of four years. The treasurer's term is two years. The secretary of state, auditor, and attorney-general are elected at the same time as the governor, and begin their term of office at the same time with that officer (p. 75) (Art. V., §§ 1, 2, and 3). A treasurer is elected at each general election, in November of the even-numbered years. It is thought better that his term should be short, so that the books can be inspected anew quite frequently. 3. Qualifications-Citizenship and residence are required as qualifications for these offices-the general requirements for all civil or military office in the State. The candidate must be a citizen of the United States and must have been a resident of the State during the year next preceding the election (Art. VII., § 6). 4. Oath-The heads of departments must take the same oath of office as the governor (p. 81) (Art. V., § 25). 5. Disqualifications-All except the treasurer are ineligible to any other office during the period for which they have been elected (Art. V., § 5). The treasurer is ineligible to the treasurership for two years after the end of the term for which he has been elected (Art. V., § 2). None of the five above named officers may reside elsewhere than at the seat of government during the term for which they have been elected. 6. Privileges and Duties-The salaries of the officers of the executive department are not fixed by the Constitution, but are determined by statute.* They are in each case, $3,500. The salary may not be increased nor diminished during the official term of the officer in question (Art. V., § 23). 7. Duties, Constitutional-The Constitution prescribes certain duties for the heads of executive departments, and gives the Legislature power to prescribe other duties (Art. V., § 1). Heads of departments are to keep the public records, books, and papers at the seat of government (Art. V., § 1). The treasurer must, if required by the governor, give *Rev. Stat., c. 53, § 1. reasonable additional security for the honest performance of his duties (Art. V., § 2). Careful accounts must be kept of all money received or paid out (Art. V., § 20). All the heads of executive departments must, at least ten days before the beginning of each regular session of the Legislature, make to the governor a report of the business of the office. A special report must also at any time be submitted when required by the governor (Art. V., § 21). 8. Duties, Statutory-The statutes fix the duties of the respective officers quite definitely. The secretary of state keeps the official records. These are all laws enacted by the Legislature with or without the approval of the governor, all the proceedings of the General Assembly, the official acts of the governor, the record of all incorporations, and similar matters. There are also other less important duties.* The auditor of public accounts keeps an account with all persons or corporations having financial dealings with the State, examines all claims on the State for money, grants warrants on the State treasury for such claims as he finds to be proper, and attends to some other duties.† The State treasurer takes charge of the money belonging to the State, and pays it out on warrants drawn by the auditor.+ The State superintendent of public instruction keeps a general oversight of the common schools of the State. He gives advice to county superintendents and teachers, * Rev. Stat., c. 124, §§ 3-5. + Rev. Stat., c. 15, §§ 7, 8, 22 Rev. Stat., c. 130, §§ 7, 10. interprets the meaning of the school laws, grants State certificates to teachers who are qualified, records and reports educational statistics, acts as a member of certain educational governing bodies, and performs some other duties. * The State attorney-general is the principal legal adviser of the State government. He conducts certain lawsuits for the State (especially in the Supreme Court), advises State officers on legal questions, and does such other duties as may be imposed upon him by law.f 9. Vacancy—In case of a vacancy in any of these State executive offices, the governor appoints for the residue of the term (Art. V., § 20). ‡ PURPOSES OF GOVERNMENT AND LAW 10. The Main Purposes of Government, as laid down in the preamble to the Illinois Constitution, are to insure justice, domestic tranquillity, the public defence, the general welfare, and liberty. All these would be in danger without government. Men in their dealings with one another are in many cases apt to be dishonest and unjust. Thieves and robbers are ready to appropriate property which is not their own. Assaults, riots, even murder, are always possible in a mixed and crowded society. Property is in danger from fire and flood, as well as from thieves, and the public health may often be endangered by careless or ignorant people. * Rev. Stat., c. 122, § 4. Rev. Stat., c. 14, §4. To prevent these and many other dangers to the persons and property of the people, government is created in all its branches. To secure the purposes of the preamble, the Legislature makes laws, the executive puts them in force, the courts decide their application to specific cases. In order to administer the various laws which have been enacted from time to time for the purposes above mentioned, the Legislature has been obliged to provide officers in addition to those created by the Constitution, and to specify their powers and duties. In many cases these officers are a small body called a "board." In other cases they are single individuals. A board meets from time to time and decides what to do by a majority vote. In the employ of the board are usually single officers who carry out the plans adopted. The advantage of having a board is in the possibility of deliberation of getting the judgment of more than one man. If there is no particular need of deliberation, but the main thing is merely to put into execution certain policies already determined, then a board is not necessary. PUBLIC DEFENCE 11. The Public Safety may be in danger from invasion by a foreign enemy or from insurrection at home. To guard against these dangers the Constitution and statutes provide for the organization of a State military and naval force (Art. XII.).* This is put under the immediate authority of the governor as com *Rev. Stat., c. 129. |