He deemed it wise, therefore, not to accept the Secretaryship of the Interior. In his conclusion, he urged his party to find some other means of establishing a united and responsible leadership so that the action of the Filipino organs in the Government might be efficient, coördinated, and harmonious.

107. Creation of the Council of State. In order to solve the problem and to have a definite body which could advise him on matters of importance, with the acquiescence and support of Filipino elements in the Government, the Governor-General decided to create a Council of State. He first announced his desire in his message of October 16, 1918, when he said that he was "now ready to establish a Council of State to include the authorized spokesmen of the two Houses of the Legislature in addition to the members of the Cabinet to advise the Governor-General on matters of public importance." An executive order was consequently issued to that effect, and the members of the Cabinet and the presiding officers of both Houses were appointed members of the Council of State "to aid and advise the Governor-General on public matters."

The Council of State meets once a week, usually on Wednesday. The Governor-General presides over the Council, but he allows it to elect a vice-president. In the absence of the Governor-General, the vice-president of the Council presides.

The Council of State promises to solve the problem of responsible leadership. Composed as it is of the ranking executive officials and the recognized legislative leaders, the Council of State becomes the most important body in the Government. It can harmonize the executive and legislative departments, while not being exactly at the mercy of the transient moods of the Legislature, for there is no provision for its dismissal

in case its policy is disapproved by the Legislature. The Governor-General sees in it a representative council on whom he can rely for advice on domestic questions.

108. Criticism of the Council of State. It should not be taken for granted from what has been said that everyone is enthusiastically in favor of a Council of State for the Philippine Islands. Some observers have assailed such an organization as unauthorized, dangerous, and superfluous.

To understand the position of these persons, it should be remembered in the first place that the Council of State has been created by an executive order of the Governor-General. It is, therefore, contended that any Governor-General who was not in sympathy with the project could, by a stroke of the pen, abolish the Council of State.

A

Another argument used is that under the system of government in force in the United States and in other democratic countries, there are three separate and independent powers: the legislative, the executive, and the judicial. Council of State would seem to violate this fundamental notion of government by placing certain of the legislative and executive functions in the same hands. One of the most vigorous critics of the Council of State has termed it "the fourth power of the existing Government, superior to the executive, the legislative, and the judiciary vention of the fourth side of the triangle."

the in

Some are of the opinion that by means of the Council of State a Governor-General could usurp the functions of the legislative body, while others hold the contrary view, and think that by means of such an organization the Legislature is likely to take over the legitimate functions of the Chief Executive. Those who oppose the Council of State say that it has resulted in an arbitrary concentration of government to the prejudice of the development of democratic principles.

They believe that it is a superfluous body, because its advisory functions to the Governor-General could be performed by the Philippine Cabinet. X

109. Powers of the Council of State. The Council of

State has been given definite powers. Its functions may

be enumerated as follows:

(1. It coördinates and harmonizes the action of the Filipino

elements in the Government.

2. It advises the Governor-General on important matters. 3. Its approval may be required by law. For instance, the law passed by the Fifth Philippine Legislature penalizing the monopoly, holding, and speculation in rice, specially provided that the Governor-General with the consent of the Council of State could issue the necessary rules and regulations to enforce the measure.

4. It prepares and passes on the budget before the Governor-General sends it to the Legislature for final approval.

5. It decides upon the expenditures of the government funds as provided by the Philippine Legislature for specific purposes, such as universal free education and the sending of government students abroad.

6. It decides upon the policies of the different departments of the Government.

CHAPTER XIII

THE LEGISLATURE

ORGANIZATION AND POWERS

The legislative

110. Organization of the Legislature. power in the Philippines is vested in a Legislature composed of a Senate and a House of Representatives. With the exception of those appointed to represent the non-Christians, the members of both the Senate and the House are elected by the qualified voters of the Islands.

The Philippine Legislature is convened in regular session on the sixteenth day of October of every year, or if the sixteenth be a holiday, then on the subsequent secular day. Each regular session may be not longer than one hundred days, exclusive of Sundays. The Governor-General may also call the Legislature in special session at any time, for a period of not more than thirty days.

Upon convening in the first session following the general election, the Houses are organized with the election of a presiding officer, called in the lower House the "Speaker," and in the upper House, the "President of the Senate." A secretary and a sergeant-at-arms for each House are also chosen.

The Senate and House of Representatives are the sole judges of the elections, returns, and qualifications of their elective members. They do not have any jurisdiction over members appointed by the Governor-General. They also determine the rules of their proceedings, subject to a few limitations set forth in the Jones Law. Thus they can punish