VSTATE GOVERNMENT
The State has such large powers over its people, and over all political divisions within it, that it is often called the “Sovereign State.” The State regulates the ownership and transfer of property; it punishes murder and other crimes; it regulates business relations; it prescribes the form of marriage and the reasons for divorce; it authorizes the levying of taxes; it makes its own election laws and provides for education; until recently it has controlled railroads operating within its borders.
The State Constitution, adopted by a majority of the voters of the State, is the fundamental law of the State. It can only be changed by a constitutional convention or by the adoption of a constitutional amendment, which is done with considerable difficulty.
A constitutional convention is an assemblageof men chosen by the voters to revise the constitution. The result of their deliberation is then submitted to the voters, who can accept or reject it. The last revision took place in 1915 and was overwhelmingly defeated at the polls. The law now provides for a revision every twenty years if the voters desire it.
An amendment to the constitution can be proposed in the Legislature. It has to pass both houses of the Legislature during two different but successive sessions (a new session of the Legislature comes only every other year, when a new Senate is elected), and must then be submitted to the voters of the State for their approval. A majority vote makes it a law.
The Legislaturehas authority under the State constitution to make laws for the State. It meets every year on the first Wednesday in January at the Capitol in Albany, and remains in session until its business is completed, usually about April 1st. It is composed of two divisions or “houses,” the Assembly and the Senate.
Every ten years, in a year ending with the figure five, a census is taken of the people of the State, and on this basis there is a new apportionment of Senators and Assemblymen.
The Senateat present is composed of fifty-two members, elected from certain divisions of the State known as Senatorial Districts. In general, each fiftieth of the population of the State is entitled to one Senator. (This rule is not followed mathematically, for a county may not be divided except to form two or more districts within it; no one county may have more than one-third of all the Senators, and no two counties may have more than one-half of the total number. This is intended as a check to a congested district having an undue representation.)
If a county which already has three or more Senators shows a sufficient increase in population to entitle it to another one, the additional Senator adds one more to the fifty Senators already provided for.
The Assemblyis composed of one hundred and fifty members, and, roughly speaking, every one hundred and fiftieth part of the population of the State is entitled to one Assemblyman. In practice the rural county of small or medium size which does not contain a large city is one Assembly District. Chautauqua, Dutchess, Schenectady, Niagara, Orange, Rensselaer, St. Lawrence, Steuben, Richmond, Suffolk, and Broome haveeach two Assembly Districts. Albany, Oneida, and Onondaga have three each; Queens has six; Westchester and Monroe, five; Bronx and Erie, eight; Kings and New York, twenty-three each; Hamilton and Fulton counties have only one between them. Nassau County has recently been divided into two Assembly Districts. This division is made by the County Board of Supervisors.
The presiding officer of the Senate is theLieutenant Governor. The presiding officer of the Assembly is elected by its members, and is called theSpeaker. He appoints the standing committees, and has much control over legislation. He usually belongs to the political party which is in the majority in the Assembly. This party also elects a majority leader to control legislation on the floor. The choice of the other party is called theleader of the minority, and he is recognized as the leader of this party in the Legislature. The Senate also has majority and minority leaders.
Assemblymen are elected for one year, and Senators for two years. Both receive $1,500 salary and an allowance of ten cents a mile traveling expenses once during the session.
How to Get a Law Passed by the Legislature: A bill may be introduced by any member, beginning, “The People of the State of New York, represented in Senate and Assembly, do enact,” etc.
It may be introduced into either the Senate or the Assembly, or it can be introduced in both houses simultaneously. It has a first reading and is referred to a committee. The committee may pigeonhole it and never report, or it may report it too late in the session for action by the Legislature, or it may report it favorably, or with a recommendation that it be rejected. If it is reported favorably it is put on the calendar to await its turn for consideration. It then comes up for a second reading, when it may be amended and sent back to the committee; after a third reading a vote is taken. If it is passed in one house it then goes to the other house, where it goes through the same procedure. If it is passed by the second house, it then goes to the Governor for his signature. If it is a bill concerning the government of a city it goes to the mayor of the city for his approval.
If either house changes the bill it has to go back to the first house for action in its amended form. The Governor has the powerto veto a bill, but it can be repassed over his veto by a two-thirds vote.
The Governoris the chief executive officer of the State. It is his business to enforce the laws, through his appointive officers. He has control of the military forces of the State, which must consist of not less than twenty thousand men, of whom two thousand must be a naval militia. He has the power to grant pardons. He is elected for two years, and receives a salary of $10,000 and the use of the Executive Mansion. He may also initiate legislation. At every regular session of the Legislature his duty is to send a “message,” telling the Legislature about the condition of public affairs and recommending measures for their consideration. He may also, at any time, ask for special legislation, and may call the Legislature together in an extra session. He has the power of many important appointments to State positions, but subject to the approval of the Senate.
The Lieutenant Governor, with a salary of $5,000 a year, takes the Governor’s place in case of need. He presides over the Senate.
The Secretary of Statehas charge of all public documents and records. He grants certificates of incorporation, and has chargeof elections and the taking of the census. His salary is $6,000 a year.
The Comptrollermust sign every warrant for payment of State funds. He acts as auditor for the State, reports to the Legislature concerning State funds, and superintends the collection of State taxes. He designates the banks in which State money shall be deposited. His salary is $8,000 a year.
The State Treasureris the custodian of State funds, and pays them out only on order of the Comptroller. His salary is $6,000 a year.
The Attorney-Generalis the general legal adviser of the State. He prosecutes and defends all actions in which the State is interested. His salary is $10,000.
The State Engineer and Surveyormust be a practical engineer. He has charge of the canals, and the surveying and mapping of all the public lands of the State.
Appointive Offices: Among these are twoPublic Service Commissions, each with five members. The first has jurisdiction over Greater New York, and the second over the rest of the State. In general, they have power to regulate railroads and street-cars, to establish rates, and to compel adequate service. They also control express companies, gas andelectrical companies, telephone and telegraph lines. No company can raise its rates without their consent. Their business is to see that the needs of the public are adequately served, and also to protect the companies from unjust treatment. These commissions are considered so important that the salary of each commissioner was made $15,000 a year.
The State Tax Commissionershave general supervision of the methods of raising taxes throughout the State. There are three of them appointed for three years, and they must visit every county in the State at least once in two years. Their salary is $6,000 a year each.
The State Board of Equalization, which consists of the tax commissioners and commissioners of the land office, has to equalize the assessments in each county, and fix the amount on which the State tax is to be levied.
The Superintendent of Bankscontrols the banks, trust companies, building and loan associations, which make reports to him quarterly, from which he in turn makes a report to the Legislature annually. His salary is $10,000, and his term three years.
The Superintendent of Insurancehas controlover all the insurance companies and reports annually to the Legislature. His salary is $10,000, and term three years.
The Commissioner of Healthmust be a physician. He has general oversight of the health of the State, and supervises the registration of births, marriages, and deaths in the towns and cities. His salary is $8,000, and he has a four-year term.
The Commissioner of Exciseissues tax certificates for the sale of liquor and collects the excise tax, of which the State gets one-half, and the city or town in which the liquor is sold gets one-half. His salary is $7,000, term five years.
The Commissioner of Agricultureappoints the directors of farmers’ institutes, watches over the sale of food products that might be injurious to health, and has general care of the agricultural needs of the State. His salary is $8,000, term three years.
The Commissioner of Highways, who is in charge of State roads and improvements, serves for two years with a salary of $12,000 a year.
The Department of Labor, which is a very important branch of the State government, works to improve the conditions of labor. There are five commissioners who serve sixyears, each with a salary of $8,000. In this department are several bureaus:viz., Inspection, Employment, Workmen’s Compensation, Mediation and Arbitration, Statistics and Information, Industries, and Immigration.
The Conservation Commissionercontrols departments for preserving and propagating fish and game, for protecting lands and forests, and the control of inland waters. He appoints a head for each division. (Forests owned by the State must be kept wild. They may not be loaned, sold, or exchanged, and no wood may be cut.) He serves six years, with a salary of $8,000 a year.
The Civil Service Commissionconsists of three commissioners who have the duty of determining the rules with which to test the fitness of applicants for employment under the civil service laws. The civil service is intended to prevent the appointment of men to government positions through partisan politics or personal “pull.” Positions are classified, competitive examinations are held, and appointments made in order of merit. The custom has usually been to have separate lists made out of men and women, and it has been complained that preference has been given to the men’s lists.
There is aSuperintendent of Public Works, with a salary of $8,000; aSuperintendent of Prisons, salary of $6,000, and aState Commission of Prisonsof seven members who get $10 a day each for each day of service; aState Board of Charities; aState Hospital Commission in Lunacyof three members, the president of which is paid $7,000, and other members $5,000.
There is also aState Food Commissionof three members who serve without pay, appointed only for the period of the war, and a recently createdFarms and Markets Council.
While most of the heads of the administrative departments of the State government are appointed by the Governor, the terms of office of many of them are longer than the term of the Governor who appoints them. As a consequence, a Governor may be in office, and important departments like the Excise Commission, the Public Health and Public Service, and Industrial Commissions, may be in the hands of appointees of a preceding Governor. They can be removed from office only by preferring charges and after a hearing. Also certain other important State officials, including the Comptroller and the Secretary of State, are elected by the people, and may differ radically fromthe Governor on questions of public policy. They may even belong to a different political party.
It is by some considered a weakness in the management of the affairs of the State, that the conduct of some of the most important departments of an administration may be out of the control of the Governor who is responsible for them.
The business of the State requires about 17,500 regular employees, and the payroll is about $22,250,000. It is probable that some of these public officials in the service of the State might be dispensed with if they were required to work as many hours a day and as many days a year as they would be obliged to do in any private business.