USA > Rhode Island > Rhode Island : three centuries of democracy, Vol. II > Part 23
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8. State Board of Accountancy.
a. Three members appointed by the Governor.
b. Examines and certificates public accountants.
C. Public Conservation Service.
I. State Department of Agriculture.
a. Commissioner of Agriculture.
b. Advisory Council-One member appointed by Governor, four appointed by Governor upon nomination of Rhode Island Agricultural Conference, six other members representing State College and agricultural associations.
c. Six heads of divisions, appointed by the Commissioner of Agriculture :
(1). Chief of Animal Industry
(2). Chief Entomologist
(3). Chief of Bureau of Markets
(4). Chief of Bureau of Forestry
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(5) Chief Milk Inspector
(6) Chief Inspector of Apiaries
2. Metropolitan Park Commission.
a. Five members appointed by the Governor.
b. Duties-Acquisition of property for public park and recreation purposes, and its develop- ment ; particularly, acquisition of property for the preservation of natural beauty thereof. c. Appoints a superintendent of state parks.
3. Commissioners of Inland Fisheries.
a. Seven, appointed by Governor.
b. Duties-Protection and cultivation of inland fisheries including hatching of fish and stocking of streams and ponds, licensing of lobster fishermen, licensing of fresh water fishermen.
c. Appoint deputies to enforce fisheries laws.
4. Commissioners of Shell Fisheries.
a. Five, elected by General Assembly.
b. Duties-Protection of oyster and other shell fisheries; leasing of waters of Narragansett Bay for oyster culture; inspection of establishments for opening and packing oysters; planting, cultivating, propagating and developing shell fisheries; closing shellfish beds for protection of fisheries.
c. Appoint deputies to enforce law.
5. Commissioners of Birds.
a. Five, appointed by Governor.
b. Duties-Protection and conservation of wild bird life, restocking.
6. Board of Purification of Waters.
a. Three members, appointed by the Governor.
b. Duties-Examination of waters of rivers and bays, abatement of pollution nuisances.
7. State Conservation Commission.
a. Five members, including Commissioner of Labor, Commissioner of Agriculture, Director of Agricultural Experiment Station at Rhode Island State College, Chief of Bureau of For- estry, Secretary of Metropolitan Park Commission.
D. Public Welfare Service.
I. State Public Welfare Commission.
a. Three members.
b. Duties-Management, control and supervision of state prison and reformatory for men, jail in the county of Providence, state workhouse and house of correction, state reformatory for women, state hospital for mental diseases, state infirmary, state reform schools-including Sockanosset School and Oaklawn School, Exeter School, State Home and School.
c. Appoints-A secretary, a director of state institutions, a purchasing agent, a fiscal agent, a state probation officer, director of Children's Bureau, director of mothers' aid, psychologist, warden of state prison and superintendents and other similar officers for various institu- tions under its control.
2. Board of Parole.
a. Membership-Governor, Attorney General, Warden of State Prison, Fiscal Agent, and three members appointed by the Governor.
b. Duties-Parole of persons sentenced to imprisonment for more than six months, except life prisoners and persons committed as habitual offenders.
E. Public Health Service.
I. Commissioners of Public Health.
a. Five, appointed by the Governor.
b. Duties-Supervision of public health, investigation of epidemic, infectious and contagious diseases, examination and licensing of practicing physicians and doctors, administration of state laboratories.
c. Appoint
(1). Director of Public Health.
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(2). Laboratory staff including bacteriologist, epidemiologist, chemist and sanitary engineer, sanitary chemist, toxicologist, pathologist.
(3). Director of Child Welfare Bureau.
2. Board of Examiners in Osteopathy.
a. Three members appointed by Commissioners of Public Health
3. Board of Chiropractic Examiners. a. Three members, appointed by Governor.
4. Board of Registration in Dentistry.
a. Five members, appointed by Governor.
b. Examines and licenses dentists.
5. Board of Examiners in Optometry.
a. Five members, appointed by Governor.
b. Examines and licenses optometrists, that is, persons measuring and prescribing lenses and other mechanical devices for correcting vision.
6. Board of Examiners in Chiropody.
a. Three members, appointed by Commissioners of Public Health.
7. Board of Examiners in Midwifery.
a. Three members, appointed by Commissioners of Public Health.
8. Board of Examiners of Trained Nurses.
a. Five members, appointed by Governor.
9. Trustees for the State Sanitorium.
a. Five, appointed by Governor.
b. Control and manage state hospital for tuberculosis.
10. State Board of Pharmacy.
a. Seven members, appointed by Governor.
b. Duties-Examination and registration of pharmacists.
c. Appoints-Registrar of pharmacists and inspectors.
II. Board of Food and Drug Commissioners.
a. Three members, appointed by Governor.
b. Duties-Examination and analysis of foods and drugs, prosecution of makers and vendors of adulterated foods and drugs, licensing of bottlers, inspection of factories and stores, regula- tion of "cold storage."
12. Inspector of Meat.
a. Appointed by Governor.
13. Assayer of Liquors.
a. Appointed by Governor.
14. Narcotic Drug Board.
a. Five members, appointed by Governor.
15. Board of Examiners of Barbers.
a. Three members, appointed by Governor .*
b. Examination of barbers, and inspection of barber shops.
16. Board for the Practice of Hairdressing and Cosmetic Therapy.
a. Three members, appointed by Governor.
b. Examination of practitioners and inspection of parlors.
17. State Board of Veterinarians.
a. Five members, appointed by Governor.
b. Examines and licenses veterinarians.
18. Factory Inspectors.
a. One chief, one deputy, three assistants.
b. Inspection of factories, restaurants, shops for sale of food, bakeries, and food storage; enforcement of laws limiting employment of women and children, and all regulations for health and safety in factories and places of business.
*Confirmation by Senate not required.
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EVOLUTION OF GOVERNMENT UNDER THE CONSTITUTION
19. State Athletic Commission.
a. Three members, appointed by Governor.
b. Supervision and licensing of athletic games, contests and exhibitions.
20. Medical Examiners.
a. Thirty-two, appointed by the Governor.
b. Duties-Investigation of sudden deaths, and of deaths without attendance of a physician.
21. State Board of Registration in Embalming.
a. Three members appointed by the Governor.
b. Duties-Examination and registration of embalmers of dead human bodies.
F. Public Transportation and Commercial Service.
I. State Board of Public Roads.
a. One member from each county, appointed by the Governor.
b. Duties-Construction and maintenance of state public roads and bridges designated as part of state system by General Assembly; registration of motor vehicles; licensing of drivers of motor vehicles ; enforcement of regulations of vehicles on public highways; collection of gasoline tax; investigation of highway accidents.
c. Employs chief engineer and bridge engineers and others.
2. Public Utilities Commission.
a. Three members, appointed by Governor.
b. Duties-
(1). Supervision and regulation of public utilities, including steam railways, electric tram- ways, public vehicles, telephone and telegraph, gas and electricity, distribution of water, heat, light and power.
(2). Approval of charges and rates for public service.
(3). Approval of routes and time of transportation schedules.
(4). Adjustment of public service to public need.
3. Commissioners of Pilots.
a. Three appointed by the Governor.
b. Commission pilots and regulate the fees of pilots.
4. Harbor Commission.
a. Three members, appointed by Governor.
b. Duties-Laying out and defining harbor lines; supervision of public waters and harbors; protection of tidal waters and channels against encroachment and filling; removal of obstructions from channels; location of wharves and piers.
c. Appoints Commissioner of Pawtucket River.
5. Commissioner of Dams and Reservoirs.
a. Appointed by Governor.
b. Inspects dams and reservoirs.
6. Commissioner of the Providence and Worcester Railroad.
a. Appointed by Governor.
b. State's representative in directory of corporation.
7. Washington Bridge Commission.
a. State Board of Public Roads-two citizens of Providence and two citizens of East Providence.
b. Directing construction until bridge was completed and opened for traffic.
8. Airport Commission.
a. Five members, appointed by Governor.
b. To acquire land for and construct state aviation field.
9. Commission on Foreign and Domestic Commerce.
a. Five members, appointed by Governor.
10. Commissioner of Wrecks.
a. One for Block Island appointed by Governor; eight for maritime towns, appointed by town councils.
b. Custody of wrecks and shipwrecked goods until claimed by owners, or sold.
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G. Public Trade, Labor and Industrial Service.
I. Sealer of Weights, measures and balances.
a. Appointed by Governor.
b. Has custody of standard weights, measures and balances furnished by United States; fur- nishes standard weights, measures and balances for towns; inspects and tests town stand- ards; may inspect any weight, measure or balance used in sales or merchandise.
2. Inspector of Lime.#
a. Elected by General Assembly.
3. Inspector of Scythe Stones.#
a. Elected by General Assembly.
4. Inspector of Cables.
a. Elected by General Assembly.
5. Inspector of Steam Boilers and Deputy.
a. Appointed by Governor.
b. Inspects steam boilers, formulates and enforces a standard code of rules for the construc- tion, equipment, installation and inspection of boilers.
6. Commissioner of Labor and Deputy Commissioner.
a. Appointed by Governor.
b. Duties-
(1). Superintendent of decennial state census of population, agriculture, fisheries and business ; the Commissioner of Labor and the Governor constitute the Census Board.
(2). Collection annually of statistics relative to labor and business in all mechanical, manufacturing, commercial and industrial business.
(3). Collection annually of statistics of revenue and expenses of towns and cities, including financial statistics of municipal industries, and of public debt, current public assets and current public liabilities of towns and cities.
(4). Investigation of labor conditions.
(5). Assistance to boards of mediation and conciliation appointed by State Board of Labor.
(6). Establishment and maintenance of free public employment offices.
(7). Reports to State Board of Labor monthly, and to General Assembly annually.
(8). Inspects coal and coke, licenses dealers, enforces law regulating marking of con- tainers, etc.
7. State Board of Labor
a. Consists of Commissioner of Labor and four other members, two representing labor and two representing employers of labor, appointed by the Governor.
b. Duties-Promotion of voluntary mediation and conciliation in controversies and disputes between employers and employes; avoidance of strikes, lockouts, boycotts, blacklists, dis- criminations and legal proceedings in industrial disputes; with the approval of the Gov- ernor, appointment of boards of mediation and conciliation in particular instances of indus- trial disputes and controversies.
H. State Public Service.
I. State Returning Board.
a. Five members, appointed by Governor.
b. Counts ballots cast in state elections, and issues certificates of election.
2. Commissioner of State Printing.
a. Appointed by Governor.
b. Supervises state printing, and places contracts for printing for all divisions of state service.
3. State Law Revision Commissioner.
a. Appointed by Governor.
b. Revision of legislative bills, and collation of continually revised text of public laws.
4. State Librarian and State Record Commissioner.
#Offices without salary or function, yet filled biennialiy because laws have not been repealed.
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EVOLUTION OF GOVERNMENT UNDER THE CONSTITUTION
a. Appointed by the Secretary of State, with the advice and consent of the Senate.
b. Duties-Librarian of state library in State House ; conduct of legislative reference bureau; enforcement of law requiring fireproof repositories for public records in custody of towns.
5. Board of Commissioners for the Promotion of Uniformity of Legislation in the United States.
a. Three members appointed by the Governor.
b. Duty-Study of proposed uniform laws, and recommendation for enactment by General Assembly.
6. State House Commission.
a. Three members appointed by Governor.
b. Duties-Custody, care and maintenance of State House, and State Office building ; assignment of offices and other rooms; equipment and furnishing.
7. Custodians of other state property.
a. Courthouses owned by state in custody and care of county sheriffs.
b. Jails, except Providence county jail and other detention institutions at Cranston, in custody and care of sheriffs or jailers.
c. Armories owned by state, campgrounds, etc., in custody and care of the Quartermaster General.
d. Monuments erected by state, and parks in custody of Metropolitan Park Commission.
e. Bridges and roads in custody of Board of Public Roads.
f. State piers in custody of Harbor Commission.
8. Commission on Readjustment of State Boundary Line.
a. Three members, appointed by Governor.
b. Duties-Marking state boundaries, surveying state boundaries, placing and maintaining boundary marks.
9. Providence County Courthouse Commission.
a. Seven members appointed by Governor, one justice of Supreme Court, one justice of Superior Court.
b. Duties-Acquisition of land and construction.
10. Committee of Inquiry on Joint Levies and Appropriations by the Congress of the United States.
a. Membership-Attorney General, Chairman of Tax Commission, one member of Senate, two of House of Representatives.
II. State Bureau of Information.
a. Director, appointed by Secretary of State.
b. Publicity and publications.
I. Public Relief Service.
I. State Board of Soldiers' Relief.
a. Membership-Governor, General Treasurer, Adjutant General, nine members appointed by the Governor, limited to veterans of War of Rebellion and foreign wars.
b. Duties-control and management of Rhode Island Soldiers' Home at Bristol; relief of veterans and widows of veterans of War of Rebellion and of foreign wars.
2. Board for the Expenditure of the Firemen's Relief Fund.
a. Two members appointed by the Governor, and one member appointed by the Rhode Island State League of Firemen.
J. Law, Law Enforcement and Procedure.
I. Criminal Law Advisory Commission.
a. Six members appointed by the Governor, with State Law Revision Commissioner, ex-officio.
b. Duties ---- Study of criminal laws, and recommendations for improvement.
2. Judicial Council.
a. One justice each of Supreme Court and Superior Courts, one district court justice, and three lawyers, appointed by the Governor.
b. Duties -- Study of legal procedure and recommendations for improvement.
3. Department of State Police.
a. Superintendent appointed by the Governor.
b. Duties -- Patrol and law enforcement.
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RHODE ISLAND-THREE CENTURIES OF DEMOCRACY
4. Police Commissioner for the city of Woonsocket. a. One appointed by the Governor.
K. National Guard and Naval Militia .*
I. The Governor is Commander-in-Chief. a. The Governor's staff-appointed from militia.
2. The Adjutant General.
a. Elected by the General Assembly.
3. The Quartermaster General.
4. Commissioned officers.
a. Examined physically and mentally by examining board, and appointed by the Governor on the recommendation of the Adjutant General.
5. The National Guard and Naval Militia (active).
6. The enrolled militia-able bodied citizens, ages eighteen to forty-five (potential).
V. Department of Justice. For the organization of courts see Chapter XXVI.
*Organized under state and federal laws.
CHAPTER XXVI. RHODE ISLAND BENCH AND BAR.
IFFICULT as it may be for a twentieth century Rhode Island lawyer, layman or student of politics to step out of an environment in which the theories of the dis- tribution of powers and of an independent judiciary are accepted almost as axioms, one must do so if he would understand and appreciate, rather than depre- ciate, the judicial system of early Rhode Island. Montesquieu's "Spirit of the Laws"* was published only a little more than halfway back in the three centuries in which Rhode Island has been holding forth a lively experiment in democracy, and the separation of powers was not part of the alleged American political inheritance from England. In the
mother country no court, even in the twentieth century, ventures to dispute the constitution- ality of an act of Parliament; and the House of Lords is still, as it has been, the final court of appeals. The only essential difference between new and old procedure and practice in Eng- land is the deference paid, since the trial of Daniel O'Connell, by lay lords to law lords, in so far as the former refrain from voting on appeals and by silence leave the decision to the lat- ter, thus lending a juridical dignity to the solemn pronouncement of the House of Lords.
THE DISTRIBUTION OF POWERS-It is desirable to recall in this connection also that as the Rhode Island Constitution of 1842 combined much that had been advantageous in the past experience of Rhode Island with new plans for extending democracy, it repeated the Rhode Island principle of the "distribution of powers," as distinct from the principle of the separa- tion of powers. Thus, article III, is entitled "Of the Distribution of Powers" and declares : "The powers of the government shall be distributed into three departments: the legislative, executive and judicial." On the other hand the Constitution of Massachusetts proclaims the separation of powers, thus: "In the government of the commonwealth the legislature shall not exercise the executive and judicial powers, or either of them; the executive shall not exercise the legislative and judicial powers, or either of them; the judiciary shall not exercise the legislative and executive powers, or either of them; to the end that this may be a govern- ment of laws and not of men." A veto power resting in the executive is inconsistent with the declaration in the Constitution of Massachusetts, although there the Governor has the veto; but entirely consistent with the Rhode Island declaration, which authorizes the distribution of powers to three governmental agencies. So also the Rhode Island practice of restricting the appointive power conferred upon the Governor would be inconsistent with the separation of powers prescribed in Massachusetts, but is not inconsistent with the distribution of powers in Rhode Island. Furthermore the Constitution of Rhode Island does not confer the executive power on the Governor; his excellency never had complete executive power under the Char- ter; instead the Constitution stipulates only "the chief executive power," which warrants the interpretation that executive power may be conferred upon other agencies, provided that "the chief executive power" is reserved for the Governor. In other words, the Governor is not "the executive," but only "the chief executive" in Rhode Island.
A key to the relation of judiciary to legislature in the colonial and early state period may be found in the use of the word "court" in the Charter of 1663 and elsewhere with similar meaning. Thus the legislature of Massachusetts was and still is called the "General Court." In the Rhode Island Charter the words "General Court" and "General Assembly" are used synonymously and interchangeably, even with reference to the annual election meeting of the
*Cited by Ames in Taylor vs. Place 4 R. I. 324.
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General Assembly. If, indeed, the General Assembly was the "General Court," then any other court created by the General Assembly for the trial of causes might be regarded as an agency to which a part of the judicial authority of the Assembly had been delegated, and an appeal from agent to principal would follow logically. Sanction for this interpretation is found in the language of the Charter itself, in the enumeration of the powers of the General Assembly, thus : "And also to appoint, order and direct, erect and settle, such places and courts of juris- diction for the hearing and determination of all actions, cases, matters and things, happening within the said colony and plantation, and which shall be in dispute, and dependent there, as they shall think fit; and also to distinguish and set forth the several names and titles, duties, powers and limits, of each court, office and officer, superior and inferior."
It is reasonably clear from the citation that the Charter did not create, but gave to the General Assembly authority to create a judiciary; it is also clear that it lay entirely within the power of the General Assembly to define and to limit the jurisdiction of the courts of justice established by it, and that the power to limit jurisdiction implied the power to retain appellate jurisdiction for the General Assembly. Such, however, was not the opinion of the English privy council, which in 1710, in the appeal of Remington vs. Brenton, denounced the exercise of chancery powers by the General Assembly as usurpation. Even before the Char- ter of 1663 a substantial identity of the repositories of executive and judicial powers appeared in the election in 1638 and 1639 of "judges" in the instances of William Coddington and Wil- liam Hutchinson in Portsmouth and Newport, although it is possible to interpret the use of the word "judge" as title for the executive as resting upon precedents in the Hebrew state in Old Testament days, to which New England Puritans had recourse frequently. Thus, writing of democracy itself, which he cordially detested, John Winthrop said there "was no such govern- ment in Israel," and thus dismissed it from further consideration. When, in 1647, an elaborate code of laws for the colony of Rhode Island, then organized with the name of Providence Plantations under the Warwick Patent, was adopted, a General Court of Trials, forerunner of the Supreme Court, was established, to consist of the President and Assistants.
COURTS UNDER THE CHARTER-The Governor and the Assistants constituted a court under the Charter. The Superior Court of Judicature, Court of Assize and General Jail Delivery, established in June, 1729, included the Governor, Deputy Governor and Assistants. Not until February, 1746-1747, did the General Assembly provide for a separate court, which consisted of a chief justice and four associates. The name Supreme Judicial Court was applied in 1798. Under the Patent and Charter the essential relations appeared clearly in the facts : (I) that courts of justice were established and abolished in the discretion of the Gen- eral Assembly; (2) that for a century, 1647 to 1747, judges of the principal court of justice were political officers chosen by the people and serving ex-officiis as justices in trial courts ; (3) that after 1747 judges were elected annually by the General Assembly, and that changes were made so frequently as to render average tenure short; (4) that the jurisdiction, or "powers and limits," of courts was defined by the General Assembly from time to time by statute ; (5) that neither the Charter nor the General Assembly conferred upon any court of justice a final revisory and appellate jurisdiction, and (6) that the rights of litigants to appeal to the General Assembly and of the General Assembly to set aside a verdict and decision were not seriously questioned. The fact last mentioned lends itself to the further suggestion that in the instance of the Superior Court appeal to the General Assembly afforded a convenient means of shirking responsibility, which the political officers serving as judges rather welcomed than resented. In one particular instance, in 1679, it would appear to modern eyes that court and assembly were engaged in a genial contest of "passing the buck." Thus in an action of "unjust molestation" the jury returned a verdict for the plaintiff. The court, instead of entering judgment on the verdict, or setting the verdict aside and ordering a new trial, or enter- ing judgment for the defendant non obstante veredicto, suspended judgment and referred the
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BENCH AND BAR
purely legal question of jurisdiction and the existence of a cause of action to the General Assembly. The latter decided eventually that the case should be returned "to the wisdom and consideration of the General Court of Trials, together with our opinions, which are, that all cases of that nature are not actionable, and suppose judgment in this present case ought to be barred forever." Following an appeal to England from a decision of the General Assembly assuming chancery powers* in the exercise of appellate jurisdiction, and a decree entered by the privy council declaring the decision null and void because "that the court had no jurisdic- tion therein," the General Assembly repealed the act conferring chancery powers upon itself, but provided that "appeals may be by way of petition." Thus the Assembly ceased entertain- ing appeals but authorized petitions for relief, and thereby continued substantially the same procedure under another name.
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