USA > Rhode Island > Rhode Island : three centuries of democracy, Vol. II > Part 22
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*Agent at the time for a commission on state printing.
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RHODE ISLAND-THREE CENTURIES OF DEMOCRACY
between the Board of Education and the Board of Control and Supply. . . . But the Board of Education believes that the division of authority between the two boards should be clearly defined if the dual control and management is continued. . . . Although the Board of Education has had charge of the care and education of the feeble-minded for many years and is deeply concerned in the proper and efficient conduct of this important institution, and would regret a discontinuance of the long and responsible service in behalf of the feeble-minded, it seriously believes that successful management of the school . . . in the future will be best assured under a single board of management, and therefore requests the General Assembly to relieve it of its partial responsibility for the conduct of the institution.
The relation of the State Board of Education to the Board of Control and Supply thus plainly stated, was characteristic of relations of other state boards to the State Board of Con- trol and Supply, so far as the latter had become a purchasing agency.
The new Penal and Charitable Commission of 1917 consisted of nine members, one for each county and four at large; it included five of the nine members of the Board of State Charities and Corrections and one of the members of the Board of Control and Supply. Another member of the Board of Control and Supply continued in the service of the new board as purchasing agent. Five years later, 1922, the Penal and Charitable Commission was reorganized, three women displacing three men in its membership; in 1923 the name was changed to State Public Welfare Commission. A commission, consisting of Frank H. Swan, Esq., Monsignor Peter E. Blessing and Dr. J. L. Wheaton, was appointed in 1928 to inves- tigate the State Public Welfare Commission and all institutions and departments under its administration. The investigating commission recommended a smaller welfare commission and a general reorganization. A new commission, consisting of three members, was created. The commission appoints a director of state institutions, a purchasing agent, a fiscal agent, a secretary, a director of the Children's Bureau,* a state probation officer, a psychologist, and a director of mothers' aid .; A division of child welfare in the State Board of Health was established in 1918.
LATER COMMISSIONS-A Children's Laws Commission, appointed in 1925, reported in the following year a long list of measures dealing with child welfare, some new and others amendatory of existing legislation; most of the program was enacted in 1926. A Soldiers' Bonus Commission was appointed in 1920 to distribute $100 each to soldiers and sailors in the World War; the measure was financed by a bond issue of $2,500,000. A Soldiers' Welfare Commission was created in 1922, and an appropriation of $25,000 was made available for the relief of veterans of the World War. The statute creating a Jury Commission, enacted in 1918, was repealed in 1920; the office of. Jury Commissioner was reestablished in 1926. A Deputy Jury Commissioner, a woman, was appointed in anticipation of the service of women on juries, which began in Newport County with the opening of the new county courthouse, which provided accommodations for women jurors. Women of Providence and Bristol counties will be drawn for jury service when the new Providence County Courthouse is completed.
A department of state police was organized in 1925, principally to patrol open country, and to assist in the enforcement of law and in the apprehension of criminals. The Rhode Island "troopers" are mounted on motorcycles. The need for state police had been discussed for several years earlier than 1925. Disorder in connection with the legislative filibuster of 1924, and resentment because of alleged officiousness on the part of the Providence Police Commission in sending patrolmen to the State House brought the discussion to focus. On several occasions after 1925, when the State House was visited by strikers or other persons in large numbers undertaking concerted movements to emphasize interest in pending legislation,
*Established 1926.
tWork begun, 1922; bureau established, 1926.
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EVOLUTION OF GOVERNMENT UNDER THE CONSTITUTION
the state police have patrolled the State House corridors and approaches. The time was ripe for "reform," and several commissions were appointed, the list including, besides the Chil- dren's Laws Commission, a commission to study adult delinquency, 1925; a commission to study marriage and divorce legislation, 1926; a criminal law advisory commission, a judicial council to study court procedure, a commission to study life insurance, 1927 ; and a commis- sion on departmental reorganization, 1928. The filibuster and the consequent failure of the General Assembly in 1924 to pass the annual appropriation bill resulted in 1925 in the enact- ment of a number of laws establishing automatic annual appropriations to cover the routine needs of departments, thus to avoid embarrassment should another filibuster occur.
In 1926 the General Assembly reorganized the department of public finance by creating the office of Commissioner of Finance, to which the Governor appointed Honorable Frederick S. Peck, who had been for many years chairman of the House committee on finance, and unofficially, though ex officio, maker of the annual budget. The Commissioner of Finance appointed two assistants, and, among other duties, was directed to prepare the annual appro- priation bill, on the basis of reports and estimates made by heads of departments. Under the statute the appropriation bill must be drafted by the Commissioner of Finance and submitted by him to the General Assembly on or before February 1 ; if no annual appropriation bill had been passed by the General Assembly, the appropriation bill drafted by the Commissioner became effective April 15. All measures carrying appropriations must be submitted to the Commissioner of Finance for approval or disapproval, except "emergency" measures iden- tified as such by the Governor.
Thus the Commissioner of Finance became for financial measures practically a third house in the General Assembly. The annual appropriation bill of 1927, drawn by the Com- missioner of Finance, was in new form, with departmental appropriations divided and classi- fied under four general headings-personal service, general expenses, supplies, and capital expenditures. Departments were held to expenditures within the total amount appropriated, and for specific purposes within the classifications. The office of State Auditor was abolished in 1929; instead the Commissioner of Finance designated one of his assistants as State Comp- troller. As the reorganization of the state financial system proceeded it was clear that the Commissioner of Finance had become the dominating public officer in the department, and that his control of the public purse strings had made him a factor to be reckoned with by all other departments and divisions in state service except the State Board of Public Roads and the courts, neither of which was included in the sweeping provisions for reorganization.
Doubt was raised so early as 1926 as to the constitutionality of parts of the legislation giving extraordinary powers to the Commissioner of Finance with reference to the annual appropriation bill. No one wondered or was surprised, therefore, at the announcement in the "Providence Journal" of February 18, 1929, that the "Journal" company's counsel had achieved a similar opinion ; lawyers were amused at the "Journal's" statement that he had "declared" parts of the legislation unconstitutional, thus stealing the thunder of the Supreme Court. The retort of the Commissioner of Finance was a chuckle and suggestion that it had taken counsel for the "'Journal' a long time to find it out." The Commissioner of Finance had already prepared a new plan, following a suggestion made several years earlier, when the fiscal year was changed from the calendar year to the year beginning December I and ending November 30, that a much better arrangement would date the fiscal year from July I to June 30. With such fiscal year, corresponding to the federal fiscal year and thus simplifying accounting on joint ventures of state and nation, the General Assembly could, if it were willing, spend six months debating the appropriation bill, and still pass an appropriation bill before the new fiscal year opened. The provision in the Constitution limiting the salaries of Assemblymen to sixty days would tend to inhibit so long a session. The General Assembly of 1929 ordered
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RHODE ISLAND-THREE CENTURIES OF DEMOCRACY
a short fiscal year of seven months, from December 1, 1929, to June 30, 1930; and a fiscal year thereafter beginning July I and ending June 30. Thus in 1930 the General Assembly enacted two annual appropriation bills, one for the short fiscal year of seven months, and another for the fiscal year beginning July 1, 1930.
The commission on departmental reorganization consisted of B. Thomas Potter, William L. Sharpe, Addison P. Monroe, Senator Russell Grinnell and Representative George W. Parrott. It reported in 1929 a plan for reorganization of state public service "with a view to the promotion of efficiency and economy, and the prevention of duplication of effort." The principle accepted by the commission was practically the abolition of boards and commissions with executive agents or secretaries of the type familiar to Rhode Island, and a reorganiza- tion in the plan of departments lieaded in each instance by a commissioner appointed by the Governor by and with the advice of the Senate, with an advisory council instead of an admin- istrative board, if any board were established. The principle had been applied in 1927 in the reorganization of the State Board of Agriculture, out of which had emerged a Commissioner of Agriculture and an advisory council of eleven appointed in part by the Governor, and in part by various agricultural societies or organizations. The Commissioner of Agriculture appoints six chiefs of divisions of service. The State Board of Health was abolished in 1929; instead a board of five Commissioners of Public Health was appointed, with a Director of Public Health as secretary, and a staff of specialists. Otherwise the report of the commission on departmental reorganization was referred in 1929 to the judiciary committee of the House of Representatives, with instructions to continue for consideration at the session of 1930 a sheaf of bills purposing reorganization of several divisions of public service. Toward the end of the session of 1930 the chairman of the judiciary committee, answering a question, said that the committee had not considered the bills as "alive" at any time during the session of 1930.
The creation of new divisions of public service, and the growth of divisions, taxed the State House so completely that, beginning in 1917, the Smith estate, across Smith Street to the north, was used to accommodate the extra service inaugurated for war purposes. The Smith estate was purchased as a site for the new State Office Building opened in 1929. To it were removed the Board of Public Roads with its major divisions of automobile registra- tion, and road and bridge construction ; the Commissioners of Public Health, with their lab- oratories, and the boards and commissions associated with the State Board of Health; the Public Utilities Commission. The Public Welfare Commission has offices at the State House, but much of the organization is quartered at Howard.
OUTLINE OF GOVERNMENT-An outline of the government of Rhode Island in 1930 follows :
I. The people
A. As the sovereign in an American commonwealth, a constituent of the United States of America
I. Direct the casting of the state's electoral vote for President and Vice-president of the United States.
2. Elect two Senators and three Representatives in the Congress of the United States.
B. As the sovereign in an American commonwealth, member of a sisterhood of states-
I. Have ordained and established a State Constitution.
2. Elect a General Assembly biennially to make laws.
3. Elect a Governor, Lieutenant Governor, Secretary of State, General Treasurer and Attorney General biennially to execute and administer the laws.
4. Have established a Supreme Court and courts of inferior jurisdiction to administer justice.
5. As jurors temper the administration of exact justice and aid established courts in ascertaining facts for the application to them of laws.
As Seen Across Smith Street from the State House Grounds STATE OFFICE BUILDING, PROVIDENCE
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EVOLUTION OF GOVERNMENT UNDER THE CONSTITUTION
6. Through the referendum approve or disapprove propositions affecting the indebtedness of the State.
7. Through the referendum approve or disapprove amendments to the constitution.
C. As citizens of towns and cities into which the state has been divided for local government
I. In towns
a. In annual town meeting order the assessment of taxes and make appropriations for the sup- port of local government.
b. Elect a town council for the administration of town affairs.
c. Elect a school committee to administer and control public schools.
2. In cities
a. Elect a city council to exercise the general functions of the town meeting.
b. Elect a school committee to administer and control public schools.
c. Elect a mayor (sometimes also other officers as local administrative officers).
D. To vote must be citizens of the United States at least 21 years of age, resident in Rhode Island two years and in the town or city in which they offer to vote six months, and registered within the regis- tration period next preceding the election. The registration period is two years ending June 30 next preceding the biennial election of general officers (even years). Persons whose names are enrolled as taxpayers qualified to vote need not register except in the first instance, and once qualified as taxpayers are carried on the registration roll through the current registration period. Only persons qualified by ownership of land of the value of $134 or who have paid a tax on personal property valued at $134 may vote in towns (as distinguished from cities) on propositions to impose a tax or for the expenditure of money.
II. The General Assembly
A. Consists of a Senate and a House of Representatives.
I. The Senate* consists of the Lieutenant-Governor, one senator from each town or city; for any city or town having more than 25,000 qualified electors one senator for each 25,000 electors or major part thereof.
2. The House of Representatives consists of not more than one hundred members, apportioned to and elected by the towns in proportion to population.t
B. Meets
I. Annually at Providence on the first Tuesday in January.
2. At any date agreed upon at adjournment.
3. In special session called by the Governor.
C. Is judge (house by house) of the elections and qualifications of its members, and may make rules of procedure.
D. Exercises the legislative power, by concurrent action of the two houses.
E. Provides for the support of the state government by
I. Levying taxes through assessments on towns proportioned to the amount of taxes raised by the towns ; by excises, licenses and franchises.
2. Making appropriations for the payment of debts.
3. Making appropriations for expenditure or apportionment by and under the direction of admin- istrative officers.
4. May not increase the debt of the state beyond $250,000 without the consent of the people.
F. Except the Supreme Court, which is established by the Constitution, establishes courts of justice and defines their jurisdiction.
G. In grand committee elects
I. Judges of the Supreme Court of Rhode Island, clerks of the Supreme Court, of the Superior Court for the several counties, and judges and clerks of the district courts for the twelve judi- cial districts into which the state has been divided.
2. Sheriffs for the several counties.
*The Senate elected in 1930 to sit in 1931 and 1932 will comprise 42 members, including four Senators from Providence elected by districts.
tBut not less than one to any town nor more than 25.
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RHODE ISLAND-THREE CENTURIES OF DEMOCRACY
3. Members of boards and commissions and other public officers for the administration of public business, whose appointment or election is not otherwise provided for.
4. The general officers otherwise elected by the people in instances of failure of election by the peo- ple, death, resignation, incapacity or removal from office.
H. Serves as a state school committee, whose duty it is to promote public education by law, with discre- tion as to the form and nature of legislation.
I. Receives reports from boards, commissions and other public officers including data for new legislation.
J. Charters towns and cities, and establishes town and city governments for local administration, and boards and commissions for local administration.
K. Establishes and maintains a state militia for public defence.
L. May impeach (try on charges and remove from office) any executive or judicial officer.
M. May submit to the people proposals for amending the Constitution.
III. Executive and Administrative Officers elected by the people in biennial election.
A. The Governor
I. Serves from the first Tuesday in January two years or until his successor is elected and qualified.
2. Is charged with the faithful execution of the laws.
3. May call the General Assembly together in special session.
4. May prorogue the General Assembly in instances in which the houses disagree on a time for adjournment.
5. May veto bills passed by the General Assembly
a. Within six days (excluding Sundays) while the General Assembly is in session.
b. Within ten days after adjournment.
6. Signs all commissions.
7. Appoints justices of the Superior Court and other officers designated by statute, by and with the advice and consent of the Senate.
8. May fill vacancies* in office until the same are filled by the General Assembly or the people.
9. Is commander-in-chief of the military and naval forces of the state, except when they are called into the federal service.
10. May grant reprieves except in cases of impeachment, and may grant pardons with the consent of the Senate.
II. May be impeached and removed by the General Assembly.
12. Appoints an Executive Secretary.
B. The Lieutenant Governor
I. Presides in the Senate.
2. Presides in grand committee of the General Assembly.
3. Succeeds the Governor.
C. The Secretary of State
I. Is ex-officio secretary of the Senate.
2. Performs the duties and exercises the powers generally appurtenant to this office-
a. Is keeper of the state archives, custodian of state records, keeper of the seal of the state and custodian of the State Library.
b. Publishes state laws.
c. Issues charters of incorporation under general laws.
d. Conducts interstate correspondence.
3. Appoints a Deputy Secretary of State and other assistants.
D. The General Treasurer
I. Is custodian of the money in the general treasury.
2. Receives money due the state from taxes and other sources.
3. Disburses public money on proper orders drawn by the Comptroller.
4. Borrows money on the credit of the state.
5. Is a member of the sinking fund commission.
6. Appoints a Deputy General Treasurer and other assistants.
*Except justices of the Superior Court.
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EVOLUTION OF GOVERNMENT UNDER THE CONSTITUTION
E. The Attorney General
I. Is the legal counsel of the Governor and all other state executive and administrative officers.
2. Is the people's attorney
a. In the enforcement of law by prerogative writs.
b. In the enforcement of public justice by indictment and presentment.
c. In all criminal proceedings.
3. Appoints four assistant attorneys general and other assistants.
IV. Executive and Administrative Officers, Boards and Commissions Created by the General Assembly. A. Public Education Service.
I. Commissioner of Education
a. Appointed by State Board of Education.
b. State superintendent of schools.
c. Is ex-officio
(1). Secretary of the State Board of Education.
(2). Secretary and member of Board of Trustees of Rhode Island College of Education.
(3). President and member of Board of Managers of Rhode Island State College.
(4). Member of Board of Trustees of Rhode Island School of Design.
(5). Visitor of schools conducted by State Public Welfare Commission.
d. Appoints Director of Vocational Education, Director of Adult Education, Director of Sur- veys, and other assistants.
2. State Board of Education.
a. Membership-Governor and Lieutenant Governor, and seven members elected by the Gen- eral Assembly.
b. Duties-General supervision of public schools of the state, enforcement of school law.
c. Serves also
(I). With the Commissioner of Education as a Board of Trustees for Rhode Island Col- lege of Education.
(2). As a State Board for Vocational Education.
(3). Appoints two of its members as trustees of Rhode Island School of Design.
d. Appoints the Commissioner of Education.
3. State Board for Vocational Education.
a. Membership-The State Board of Education.
b. Duties-Promotion of vocational and industrial education.
c. Appoints State Supervisors of Agricultural Education, Supervisor of Trade and Industrial Education, and Supervisor of Home Economics Education.
4. Board of Trustees of Rhode Island College of Education.
a. Membership-The State Board of Education and the Commissioner of Education.
b. Duties-Management and control of Rhode Island College of Education.
c. Appoints President, professors, other instructors, superintendent of buildings and assistants. 5. Board of Managers of Rhode Island State College.
a. Membership-Commissioner of Education, Commissioner of Agriculture, five members appointed by Governor .*
b. Duties-Control and management of Rhode Island State College, care and control of agri- cultural experiment station.
c. Appoints
(1). President, professors and other instructors, director of extension service and experi- ment station, superintendent of college estate and assistants.
(2). One member of advisory council of department of agriculture.
6. Board of Trustees of Rhode Island School for the Deaf.
a. Membership-Governor, Lieutenant Governor, nine members appointed by Governor.
b. Duties-Control and management of Rhode Island School for the Deaf.
c. Appoints director and teachers, and employes.
*Except when indicated otherwise, appointments by the Governor are "by and with the advice and con- sent of the Senate," the Senate having power to elect in instances in which it does not give its "advice and consent."
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RHODE ISLAND-THREE CENTURIES OF DEMOCRACY
B. Public Finance Service.
I. The Commissioner of Finance
a. Appointed by the Governor.
b. Prepares annual appropriation bill, and approves or disapproves all bills appropriating money or creating financial obligations.
c. Member of Sinking Fund Commission.
d. Appoints State Comptroller, Deputy Commissioner of Finance and other assistants.
e. Receives reports and estimates from all departments.
2. The State Comptroller
a. Appointed by the Commissioner of Finance.
b. Draws orders on the General Treasurer, and audits accounts of General Treasurer and all boards, commissions and officers.
c. Member of Sinking Fund Commission.
d. Appoints assistants.
3. Commissioners of Sinking Funds.
a. Membership-The Governor, General Treasurer, State Comptroller, Commissioner of Finance, chairman of the Senate finance committee, chairman of the House finance com- mittee, two members elected by the General Assembly.
b. Duties-Investment of money set apart for the redemption of state bonds.
4. Board of Tax Commissioners.
a. Three members appointed by the Governor.
b. Has general charge of, and control over, the assessment of taxes payable directly to the general treasury, including taxation of corporations, banks, public service corporations, insurance companies, inheritances.
5. The Bank Commissioner.
a. Appointed by the Governor.
b. Examines state banks, trust companies and savings institutions ; examines and supervises loan associations and credit unions; registers and licenses stock brokers, and regulates the sale of securities (stocks and bonds of corporations), serves as a member of Board of Bank Incorporators, licenses small loan brokers.
c. Appoints a deputy commissioner and three bank examiners.
6. Board of Bank Incorporation.
a. Membership-Bank Commissioner, General Treasurer, and Attorney General.
b. Regulates the incorporation of banks, trust companies and savings institutions.
7. The Insurance Commissioner.
a. Elected by the General Assembly.
b. Duties-The examination of domestic insurance companies, licensing of foreign insurance companies, licensing of insurance brokers, enforcement of rights of policy-holders, etc.
c. Appoints a deputy insurance commissioner.
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