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EXECUTIVE DEPARTMENT

Order of succession.-If both the president and vice-president should die or become unable to act as president, then the office would devolve on the cabinet in the order named below, excepting the secretary of agriculture. If the secretary of state did not possess the necessary qualifications then the office would pass to the secretary of treasury, and

so on.

Secretary of state. The original copies of treaties, laws, all foreign correspondence, and the great seal of the nation are in his custody. Under the direction of the president, he conducts foreign affairs of the government. As early as 1775 the continental congress established a committee whose duty corresponded to that of the secretary of state. Thomas Jefferson was the first secretary of state. Each member of the cabinet receives $8,000 annually.

Secretary of the treasury.-He prescribes forms of keeping public accounts and has general supervision of the finances of the government. He issues warrants on the treasurer for money appropriated by congress. There are in this department six auditors who audit the accounts against the government, and a register who is the book

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Order of succession.—In case of the death, impeachment, or resignation of the governor, the following officers would succeed to the office of governor in the order named: the lieutenantgovernor, and the speaker of the house of representatives.

Secretary of state. He has charge of the original copies of all laws; of these he prepares copies for publication and distribution among the proper officers throughout the state. He is the supervisor of elections. He conducts all official correspondence with other states and with the United States.

Term, two years.

Salary, $2,000 and compensation for extra work, not exceeding $1,000. Bond $100,000.

Treasurer. He has charge of all money belonging to the state and cannot pay out or receive money without the written order of the auditor, who examines quarterly, the treasury and reports its condition to the governor. Bond, $600,000; salary, $3,000; term, two years.

Auditor.-He audits and settles all accounts against the

keeper of the government, and two comptrollers who examine the work of the auditors. The secretary of the treasury must not be interested in trade.

Secretary of war.-He has charge of the affairs of the army under direction of the president. He superintends the purchase and distribution of supplies and military stores.

All river and harbor improvements are under his direction. For convenience his department is divided into ten bureaus, each having its special duty.

Attorney-general.--It is his duty to give legal advice to the president and the heads of departments.

There are a number of assistants in this department who aid in the prosecution of all cases before the supreme court or court of claims, to which the United States is a party.

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state, draws all warrants upon the treasurer, and keeps all accounts between the state and treasurer. Bond, $20,000; salary, $2,000.

Adjutant-general. He has charge of the militia under the direction of the governor. He has the rank of brigadier-general and issues all orders from the commander-in-chief, and in time of peace he also serves as quartermaster-general. He is also superintendent of the capitol and grounds. He receives a salary of $2,000 a year.

Attorney-general.-He is the legal adviser of all state officers and prosecuting attorneys of the several counties. He represents the state in all cases before the supreme court to which the state is a party.

He holds office two years and receives $1,500 annually, and may receive fees not to exceed $1,500.

Board of public works.-This board has charge of public

EXECUTIVE DEPARTMENT

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works and improvements. was much more important when the canals of the state were more extensively used. The board consists of three members, one elected annually, to serve three years.

The commissioner of common schools is the head of the public school system. He has supervision over the school fund and officers and generally directs the school affairs of the state. He appoints the state board of examiners. He holds office three years and receives a salary of $2,000.

Food and diary commissioner. It is this officer's duty to inspect articles of food and to prosecute all persons who offer for sale any adulterated food.

The above named executive officers are elected by the people, with the exception of adjutantgeneral who is appointed by the governor.

Any vacancy in a state office is filled by appointment by the

governor. If the office in which the vacancy occurs is an elective one the appointee holds office until a successor is elected at a regular election and is qualified.

The affairs of the state require many minor officers to safely guard the rights of the people.

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Judicial duty.—It is the duty of the court to apply the law, to declare it void when it is not in harmony with the constitution, to declare what is the law, and to interpret the law.

Executive duty.-The court is allowed to appoint some of its executive officers, the clerk, court reporter, etc.

Legislative duty.—The accepted theory is, that the courts have no legislative power.

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Professor Ely, in his Socialism and Social Reforms", has called attention to the result of the modern tendency to enlarge our constitutions unduly, the result * * * has been to enlarge unduly the functions of the judiciary;" "and it is unfortunate for society to entrust to judges what are, in reality, legislative functions," the provisions are more or less general and the judges must say what they mean in special cases, and then apply them according to their own judgment.

STATE

As the same discussion of the three duties of the judicial department of the nation is generally true of the state it is not given here, but a discussion of jurisdiction follows. These definitions hold for all courts of state and nation.

Jurisdiction.-Jurisdiction is the right or power of a court to hear causes and execute justice. The jurisdiction of a court is the limitation put upon it by the constitution or statutes, and extends to persons, places, and causes. Jurisdiction is of two kinds-appellate and original. The court in which a cause must originate is said to have original jurisdiction. The court that may review a cause decided by a lower court has appellate jurisdiction. When an appeal cannot be taken from the decision of the court, it is said to have final jurisdiction. When two courts have jurisdiction over the same causes, they are said to have concurrent jurisdiction. Either

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