the officer's justification of his course in office. He shall continue to perform the duties of his office until the result of said election shall have been officially declared. SEC. 4. Unless he otherwise request, in writing, his name shall be placed as a candidate on the official ballot without nomination. Other candidates for the office may be nominated to be voted for at said election. The candidate who shall, receive the highest number of votes, shall be declared elected for the remainder of the term. Unless the incumbent receive the highest number of votes, he shall be deemed to be removed from office, upon qualification of his successor. In the event that his successor shall not qualify within five days after the result of said election shall have been declared, the said office shall be vacant, and may be filled as provided by law. SEC. 5. No Recall Petition shall be circulated against any officer until he shall have held his office for a period of six months, except that it may be filed against a member of the Legislature at any time after five days from the beginning of the first session after his election. After one Recall Petition and election, no further Recall Petition shall be filed against the same officer during the term for which he was elected, unless petitioners signing such petition shall first pay into the public treasury which has paid such election expenses, all expenses of the preceding election. SEC. 6. The general election laws shall apply to recall elections in so far as applicable. Laws necessary to facilitate the operation of the provisions of this article shall be enacted, including provisions for payment by the public treasury of the reasonable special election campaign expenses of such officer. - CHAPTER XX THE LEGISLATURE: SELECTION AND ORGANIZATION 128. LEGISLATIVE ORGANIZATION AND REPRESENTATION The method of organizing the legislature-whether into one or two branches-and the plan of electing representatives in that body are fundamental questions about which there is still much difference of opinion. In the following selection, these questions are ably discussed. [James W. Garner, on Legislative Organization and Representation (Ms.), reprinted by permission of the author.] THE LEGISLATIVE ORGAN The constitutions of all the states declare that the powers of government shall be distributed among three departments-the legislative, the executive, and the judicial, "to the end," say the constitutions of Alabama and Massachusetts, "that the government may be one of laws and not of men." In most of them it is declared that no person or collection of persons exercising the functions of one department shall assume or discharge the functions of any other, and that of New Hampshire adds: "the three departments ought to be kept as separate from and independent of one another as the nature of free government will admit." In all the states the legislative organ is a bicameral assembly, although the constitutions of a number of states reserve to the people in their primary capacity the power of legislation through the agency of the initiative and the referendum. In about half the states the legislative organ is officially designated as the "legislature"; in some it is styled the "general assembly"; in three (Montana, North Dakota and Oregon) it is designated as the "legislative assembly"; and in two (Massachusetts and New Hampshire) as the "general court." In all the states the so-called "upper house" is styled the "senate"; in three (Maryland, West Virginia and Virginia) the "lower house" is styled the "house of delegates"; in four (California, Nevada, New York and Wisconsin) the "assembly"; in one (New |