The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-01-08

a'iu teOe'se" dHa1Iiet. Out luey OetlcNcu
in authority and In centralized re-
sponsihility. and 1t was their purpose
In creating the executive department
to confer upon the executive. great
authority. This il apparent In that
the convention refused o create I'm
advisory council for the executive. for
in contemplation Of the convention
the executive was to he the guiding
power OF the nation" MIR. Rutledge
said he was for vesting the executive
power IN a single person. az a single
sponsibility and administer the pub
lie affairs hest. Mr.. Wilson favored
a single magistrate MS giving most en-
orgy. dispatch and responsibility to
the Office. Mr.. Pickney and Mr.. But
Ter favored the single magistrate: and
Mr.. Madison. who is known as tho
Father Of the Constitution" said:
ut is absolutely necessary that the
president should have the power Of
him In a peculiar manner RESPONSE.
BILE tor their conduct and subject him
to impeachment himself IL he suffers
them to perpetrate with impunity high
crimes and ~isdeeanors against the Uni
ted States. or neglects to supertntend
their conduct so as to check their ex-
cesses." OF the same opinion were
other members Of the convention that
framed the constitution. No higher
evidence can be had. Wyman's ADJ
nlinistrative Law. Sec. so.
If this language in the constitution
Of the United States. vesting the ex-
him the guiding power Of the nation.
then does it not follow that the same
language in our constitution, taken
apparently from the constitution OF
the United States. makes the governor
the guiding power of the state: and
that the makers Of our constitution
were. like the makers of the consti-
tuition Of the United States. firm in
thei rbelief in authority and in cen
tralized responsibility. and SO bcliev-
ing. created an executive department.
thority? The makers Of our consti-
tuition adopted the language OF the
constitution Of the United States re-
lating to the executive, wherever 1t
could he made applicable. and hence
1t follows that the same construction
that has been placed upon the con-
%stitution Of the United States must,
as a matter Of law. be applied to the
same provisions in our constitution.
In section 3 Of article Q Of the con-
stitution Of the United states. is found
SSlAS ld1A8NdSCs II AOAOSSI16 IL YAK
president) shall take care that the
laws be faithfully executed" This
Identical language is found in section
IS Of the constitution. So 1t appears
that in one is vested all the executive
power Of the nation. in the other all
the executive power Of the state. and
both are commandments only charg-
ed but communicable faithfully ex-
ecute the laws. This provision comes
from the power granted to colonial
governors. The charter granted to
1920 provided that all ordinances or
laws made by the governor or deputy
should be carefully observed. but there
was no provision in the charter for
their enforcement or charging anyone
Herewith. This provision in similar
Language first appeared in the Mary
land charter. granted to Lord Baltf-
more, and in practically all of the SUBJ
sequent colonial governments. Wat
son on the constitution says the words
take care" imply that that an obliga-
ton or duty is imposed upon the
president to see that the laws are ex-
ecuted. Senator Howard, in the trial
Of President johnson, says the words
"he shall take care" meant that the
president should be diligent and faith
full in the appointment Of proper Of
ficers and in seeing that they faith
fully discharge their duty. "Under
this Language it is the duty of the
president to sec that the other ex-
ecutive and. administrative officers Of
the govednment faithfully perform
their duties which are prescribed by
the statutes" Does not the same
language in our constitution mean the
same, and was 1t not the intention Of
the makers Of u constitution to give
to the people of this state a strong
executive department with all the
power that was necessary for the en-
forcement Of the law? The law never
that which is ridiculous. and the maxi
ers Of our constitution would not have
vested the executive power in the
lgovernor, and commanded him to take
care that the laws be faithfully ex-
|ecuted. unless they intended also that
he should have the power to obey
the command. To command hin, to
enforce the laws and to withhold from
him the power. would be to command
him to do the impossible, IL not the
ridiculous.
1t being the intention Of the maxi
ers of our constitution to place in the
chtnery and power necessary to obey
the express commands Of the consti-
tuition. then there is a moral obliga-
ton on the part Of the legislature to
provide the governor with this power,
for section 68 reads: THE legislative
assembly shall pass all laws necessary
to carry into effect the provisions Of
this constitution" To carry into ef-
feet what provisions? The provisions
Of the constitution. all Of them. the
provision vesting the executive power
in the governor and the provision
commanding him to take are that the
laws be faithfully executed. The lam
guage is mandatory in form, It is put
in the form of n command and 1t is
strengthened and enforced by section
81. which. reads: 1.-The provisions Of
this constitution are mandatory and
prohibitory unless by express words
they are declared to be othrcwise."
These. provisions are not declared to
he otherwise. and. therefore, they are
mandatory provisions commanding
the legislative assembly to pass all the
laws necessary to carry into effect
all the provisions of the constitution.
The governor has. no inherent right
to remove. except perhaps a%ppointees.
1t is a right that must he conferred by
law. Does Il law already confer
the power?. The only legislation on
the subject is found In chapter 3. Po-
litical Code. section So. and section
1861 of the revised codes OF 1905, I'm.
der section Sc the governor is to SUI
pervise the official conduct of all ex-
ecutive and ministerial officers. He
Is to see that all offices are filled and
the duties thereof performed. or in
default thereof apply such remedies
as the law allows. If the remedy is
imperfect he Is to acquaint the legis.
lative assembly thereof at its next SEES
sion. This does not confer any power