The Winslow mail., 1923-01-12
GOVERNORS MESSAGE


YOUR attention is the present Board
of Pardons and Paroles. The law
which provides that the State Super
fntendent of Public instruction shall
be a member of that board is, my
opinion, mistaken policy. The man
or woman whose duty it is to super
intend the education of the youth of
our State should not be called to pass
upon whether or not persons cone
victed of crime should be liberated or
confined in the State penitentiary.
This officer should not be called upon
to decide whether or not persons con-
victed and sentenced to hang should
have the death penalty inflicted or
commuted. | therefore recommend
for your consideration the PROPOSE
ton of submitting referendum mea-
sure to the people of the State, pro-
viding for the repeal of this law and
the creation of Board of PardonS
and Paroles composed of three per-
sons, other than State officers, to be
appointed by the Governor, with the
approval of the Senate, which will
provide that the terms of the mem
bers of the board shall expire every
two years, in order that every in
coming Executive shall have the ap-
pointing Of al board in sympathy with
the policy of the administration.
Under the head of subdivision Num-
Der Two 1 desire to call your atten-
tion to the laws creating the offices
of State Historian, the Commission
of Agriculture and Horticulture, the
State Superintendent of Banks, the
State Child Welfare Board, and the
Board of Regents of the University of
Arizona.
Under the provisions of these laws
the terms of the office, extend beyond
the term of the Governor who makes
the appointment This leaves the si-
tuation in such shape that these Of
ffcers, boards and commissions may
perform their duties in a manner
wholly in opposition to the policy of
the State administration. l there
fore recommend that these laws be
amended in the case of officers, SO
that the term of no appointive officer
shall extend beyond the term Of the
Governor who makes the appointment.
In the cases Of boards and commits
sions I recommend that the laws be
amended to provide the terms of at
least a majority Of the members of
the boards or commissions shall ex-
pire every two years, in order that
each incoming administration may be
assured of having the various parts
of our governmental machine work
- I, 0ff a,.cs
elected by the people.
Under the third head I desire to
point out that, in spite of the deci-
sion of the Supreme Court, | am still
convinced that when the Legislature
enacts law creating an apointive
office, and in that law names the
person ITO fill the office so created, it
is an infringement upon the duties
and prerogatives of the executive and
administrative branch of the govern
ment. 1 therefore recommend that
the laws creating the offices of State
Librarian and State Historian be
amended to provide that these officers
be appointed by the Governor.
The State Game Warden.
I recommend that the Legislature
make a thorough investigation of the
office of the State Game Warden. If
it be found that any legislation is
needed to provide. for the better ad-
ninistration of the duties of this Of
flee, I recommend that such laws
be enacted.
The Members of the Legislature and
Administrative Positions.
When the fathers of the American
Republic drafted the Constitution they
tried to eliminate the mistakes which
had caused the downfall of other gov
ernments. They knew that an oil
garchy established by office-holders
helped to ruin Greece and Rome.
The members of the Convention
which drafted the Constitution of the
United States provided for three sep
arate and distinct departments of
government. The Constitution of the
State of Arizona contains a like pro-
vision.
The Fifth State Legislature repeal
ed certain provisions of the law pro-
hibiting members of the Legislature
from being elected or appointed to
administrative positions.
Section 4 of Subdivision of Ar
ticle " of the Constitution of Ariz-
0na provides:
mo person holding any public
office of profit or trust under the
authority of the United States, or
Of this State, shall be member
Of the Legislature; provided, that
appointments in the State Militia
and the offices of Notary Public,
Justice of the Peace United States
Commissioner and Postmasters of
the fourth class shall not work
is qualification for membership
within the meaning of this sec
ton"
The action of the Fifth Legislature
in amending the law SO as to permit
members of the Legislature to hold
administrative positions Isl in my OPT
MON, unconstitutional. l therefore
recommend that Paragraphs 45, AZ
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