The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1910-01-13

the question Of the states finances,
and made T. plain that he was not In
favor OF bond issue to raise funds
The message. in part. follows:
To all Of the Members OF the Senate
and House Of Representatives.
Gentlemen greet with friendly
welcome and cordial goodwill the first
stink OF the members OF the general
assembly in the beautiful new capitol
II is n state house most worthy OF Ken
lucky and our people and our times.
This meeting. established by law,
brings together at the capitol once In
two years the three branches OF the
government. the legislative, the judi.
cial and the executive, and gives n
chance, which should not be neglected.
for the three branches not only to fol
low out their usual work. but TO coun-
sci together unofiicially. as well as OH
cially, as chosen representatives Of
all OF the people, for the general wei
fare OF our State and our country.
Appeals for Amity.
The members OF the general assem-
bly, can well afford to take counsel OF
the learned justices OF the court OF
appeals. and the executive department
will be glad to have the counsel, the
help and the good will Of the judges
and the members. At this session. no
election OF senator. nor as far as
know. any other question OF partisan
POLITICS hangs over us to cloud the
counsel or the judgment OF the three
branches Of the government, each reg
ularly elected by the people for its
own term. and Il seems to me that We
are freer than ever before TO consider
everything which shall come before
your session with an eye single to its
usefulness and the honor and the vel
fare OF all OF our people regardless OF
party and sections. Let MS all join
cordially and without antagonism In
asking the blessings OF God upon our
work and our counseis TO the end that
whatever we may do shall be good.
honest. unselfish and faithful to duty.
The Executive Department
Our constitution. like that OF the
United States and all the states. com
mands that the power OF the govern
ment shall be divided into three dis
tinct departments, and each OF them
confined to a separate body OF magis-
tracy, and mo person or collection OF
persons, being OF one OF those depart
ments, shall exercise any power prop
erly belonging 10 either Of the others"
Each is supreme in its own field and
guarded from encroachment or oppo-
sition by the other. The courts may
decide whether an act Of the legisla-
ture is constitutional or void. and may
settle the meaning OF any act for the
executive department.
The legislature can pass laws which
the executive department Is required
by the constitution to obey, and may
declare what money shall be collected
and what it may be used for. but the
governor has no right to act as Judge
or demand that any court shall follow
his opinion Of the law.
Neither the governor nor the courts
have any right to demand that the
general assembly shall enact any law
which they may think necessary, or In
any way regulate the public policy
which il is the function OF the general
assembly TO fix.
The general assembly has no right
10 act judicially except in the case ex-
pressly declared In the constitution
Il has no more right to perform any
duty OF the governor or the auditor or
treasurer. and II has at least no moral
right TO take from the executive
branch the appointment, removal, sup
ervision or control OF the work OF per
sons chosen to do the ministerial or
administrative work In executing the
laws. The constitution and honor and
duty alike press each branch 10 re
spect the other and It's functions. AMI
every departure from this rule OF ac-
tion mars our plan of government and
binders the achievement of the best
results in its operation.
Regrets Lack Of Power.
1t has come TO pass that the gov
ernor Of Kentucky, whether Democrat
or Republican, is shorn OF the usual
and proper power Of the executive de-
partment. and has practically almost
no part In the appointments, no power
Of correction or removal to enforce by
the power OF removal for neglect. in
efficiency or dishonesty the RESPONSE
bility OF minor officers and employees,
as Il is enforced in other lines OF busi-
ness.
Not long ago, the governor OF Mis-
souri, told me that he had the appoint
ment or control of between six and
seven thousand officers and employees
Of the state government. In Kentucky,
the only appointments left 10 the
present governor or any successor. OF
any party, are. speaking from memory.
but substantially correct, a private sec
Rotary. a stenographer, a messenger
and capitol Waterman, state In
spector and examiner. adiuiant gen
eral, assistant adjutant general, -four