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the Constitution or by law, to fill the vacancy himself by granting a commission which will expire at the end of the next session of the Legislature, or at the next election by the people.' He nominates, subject to approval by the Senate, all State officers not elected by the people.
(5) He has power to grant pardons, reprieves, and commutations of sentence after conviction, in all cases except treason and impeachment. In cases of treason he is given authority to suspend execution of sentence until the meeting of the Legislature, which body may then grant a pardon or else affirm the sentence.'
36. The Lieutenant-Governor must have the same qualifications as the Governor. He is elected at the same time, in the same way, and for the same term, as the Governor. In case of a vacancy in the governorship, the Lieutenant-Governor becomes Governor. His only duty as Lieutenant-Governor is to preside over the deliberations of the Senate, in which body he has a vote only in case of a tie.3
37. Secretary of State.-It is the duty of the Secretary of State to keep a record of the official acts of the legislative and executive departments of the government; to affix the Great Seal of the State, of which he is custodian, to all commissions, pardons, and other public instruments to which the official signature of the Governor is required; to record all conveyances to the State, and all articles of incorporation filed in his office, and all official bonds; to publish the Acts of the Legislature and to distribute them in accordance with the law; to make a detailed report biennially to the Governor of all his official actions during the preceding two years.
1 Cal. Const., Art. V., Sect. 8.
3 Cal. Const., Art. V., Sect. 15.
38. The Controller.-It is the duty of the Controller to superintend the fiscal concerns of the State; to keep all accounts in which the State is interested; to audit all claims against the State; to issue warrants for all legal disbursements of money from the State treasury; to give information, when requested, to the Legislature or to either house relating to the fiscal affairs of the State or the duties of his office; to make to the Governor a biennial report of the funds of the State, of its revenues, and of the public expenditures during the preceding two years, together with an estimate of the same for the ensuing two years.
39. The Treasurer.-The duty of the Treasurer is to keep all moneys belonging to the State subject to the warrants of the Controller; to give information, when requested, to the Legislature or to either house as to the condition of the treasury or the duties of his office; to make a biennial report to the Governor of the exact balance in the treasury to the credit of the State, together with a summary of the receipts and expenditures during the preceding two years.
40. The Attorney-General.-It is the duty of the Attorney-General to attend the Supreme Court and prosecute or defend all cases to which the State or any officer thereof, in his official capacity, is a party, and all cases in which any county is a party, unless the interests of the county, or one of its officers, in his official capacity, is adverse to the State. The Attorney-General is the only person entitled to represent the people in the Supreme Court. It is his duty to exercise supervision over district attorneys, and, when required by the public service or directed by the Governor, to go to any county in the State and assist the district attorney in the discharge of his duties. It is his duty to give his opinion
in writing to the Legislature or to either house, to the Governor, Secretary of State, Controller, Treasurer, Superintendent of Public Instruction, trustees of State institutions, and to any district attorney, upon any question of law relating to their respective offices; to make a biennial report to the Governor on the affairs of his department.
41. The Surveyor-General.-It is the duty of the Surveyor-General to keep a register which will show all important matters relating to the public lands of the State; to survey and mark, when required, the boundary lines of counties, cities, villages, and towns; to make biennially to the Governor a report which shall show: (1) The condition of surveys required of him by law; (2) the quantity and condition of the lands belonging to the State; (3) the quantity of arable and grazing land in each county; (4) the number of horses, cattle, sheep, and swine in each county; (5) the quantity of agricultural and horticultural productions of the State during the preceding two years, together with a discussion of the diseases affecting the same; (6) information. regarding mineral lands and mineral productions in each county; (7) all facts likely to promote the development of the resources of the State.
42. The Superintendent of Public Instruction.The State Superintendent of Public Instruction has general oversight of the educational work of the State. It is his duty to collect information relating to the public schools; to ascertain the number of school children in each district, the number of teachers, the amount yearly expended on schools, and to collect various other statistical and useful information pertaining to public education. He apportions semi-annually, the State school moneys among the counties. He makes a biennial report of these matters to
the Governor, suggesting improvements in the manage
ment of the public schools.
Questions on the State Executive Department.
1. Who is the chief executive officer of the State?
2. Who may be elected Governor?
3. For how long is he elected?
4. When is he elected?
5. What is his salary?
6. Who may vote for Governor?
7. What is the name of the present Governor and where is his home? With what political party is he connected?
8. What are the duties of the Governor?
9. Answer the same questions (2-8) with respect to each of the following officials:
(a) The Lieutenant-Governor;
(b) The Secretary of State;
(d) The Treasurer;
(e) The Attorney-General;
(ƒ) The Surveyor-General;
(g) The Superintendent of Public Instruction.
THE STATE JUDICIAL DEPARTMENT.
43. The Judicial Power. -The judicial power of the State is vested by the Constitution in justices of the peace, Superior Courts, and a Supreme Court. The Legislature is also authorized to establish inferior courts in any incorporated city or town, or in any city and county. The Senate, when sitting as a court of impeachment, is to be included within the judicial department of the State.1
44. Justices of the Peace.-The lowest grade of courts is that of a justice of the peace. Justices of the peace
1 Cal. Const., Art. VI., Sect. 1.
are elected by the voters of a township, or of an incorporated city or town, or of a city and county. Their jurisdiction, or authority, is confined to the district for which they are elected. The number for each district is determined by the Legislature.1
45. Superior Courts.-The next higher in the regular scale of courts are the Superior Courts. These courts might be styled "County Courts," for there are for each county* in the State from one to twelve such courts, the number varying according to the population and the amount of legal business in the county. The Superior Judges are elected by the voters of the county at the general State election, and hold office for a term of six years.'
46. The Supreme Court.-The next in the scale and the highest in the State series is the Supreme Court. The Supreme Court consists of a Chief Justice and six Associate Justices. All the Supreme Court judges are elected at the general State election by the voters of the State, and hold office for a term of twelve years.
47. The Senate as a Court of Impeachment.— When the Assembly considers that any one of the chief executive officers of the State, or a judge of the Supreme Court or of a Superior Court, has been guilty of any misdemeanor in office, it sends articles of impeachment against such official to the Senate. The Senate then convenes as a court to try the impeachment. The Senators are placed under oath or affirmation. A concurrence of two thirds of all the members elected to the Senate is necessary to
*Except that there is only one Superior Judge for the two counties of Sutter and Yuba.
1 Cal. Const., Art. VI., Sect. 11.
2 Cal. Const., Art. VI., Sect. 5-10, 12-15, 17–20, 22-24.
3 Cal. Const., Art. VI., Sect. 2–4, 12-18, 21–24.