Note 26 — Chapter VI · POPULAR CONTROL OF GOVERNMENT

The appointment of officials is sometimes made by legislative bodies, although this plan is not common. In a few states the judges are named by the legislature. In some others the legislature elects the state treasurer, the secretary of state, the comptroller, or the auditor. Where the commission form of city government has been adopted all appointments are made by the commission. The general theory of American government is, however, that the choosing of administrative and judicial officers should not be vested in the hands of a legislative body. It is regarded as undesirable that the body which enacts the laws should have anything directly to do with the selection of those officers who enforce or apply the laws. But this principle ought not to be applied inflexibly; there are good reasons at times for making exceptions to it.