Elements of Civil Government Part 39

The _solicitor-general_ is elected by the people for a term of four years. He must have been three years a citizen of the State, he must be twenty-five years of age, and must have practiced law three years.

He is the solicitor of the whole circuit, and is not a county officer.

He advises the grand jury, examines witnesses before that body, and draws up all indictments and presentments. It is his duty to prosecute or defend any civil action in his circuit in which the State is interested, collect moneys arising from fines and forfeited bonds, and all claims of the State, as ordered by the Comptroller-General. He represents the State in all criminal actions in the superior court, of which he is the solicitor, and in the Court of Appeals or the Supreme Court in cases appealed from his circuit.

The _Court of Appeals_ consists of three judges, elected one every second year for a term of six years. The _Supreme Court_ consists of a chief justice and five a.s.sociate justices. They are elected two every second year for a term of six years. A judge of the Court of Appeals or a justice of the Supreme Court must be thirty years of age, must have been a resident of the State three years, and must have practiced law seven years.

The Court of Appeals has appellate jurisdiction in cases appealed from certain city courts, and in criminal cases, not capital, appealed from the superior courts. The Supreme Court has appellate jurisdiction in civil cases appealed from the superior courts, and in all cases of conviction of capital crime. The Supreme Court also settles any question as to the meaning of the Const.i.tution, and as to the const.i.tutionality of a State law. It is the highest judicial authority in the State.

COUNTIES.--The State is divided into one hundred and forty-eight counties, and each county into militia districts, according to its size and population. Every militia district in the State must contain at the time of its organization at least one hundred male residents over twenty-one years of age who are subject to militia duty, and no militia district can be reduced in population below this requirement by the formation of a new one. While no additional counties can be created in the State except by a const.i.tutional amendment, one may be abolished or merged into adjoining counties by a two-thirds majority of the voters of the county.

Each county in the State has an organized government, with powers delegated to it by the State government. These powers are largely administrative, and have for their chief purpose the enforcement of general laws. Each county is a body corporate, with the power to sue or be sued in any court, make contracts, and buy and sell real estate.

Its debt cannot exceed seven per cent of the a.s.sessed valuation of the taxable property.

ORDINARY.--The office of ordinary is the most important in the county.

He is the princ.i.p.al administrative officer in the county. When sitting for county purposes he has exclusive jurisdiction in directing and controlling all county property and in levying general and special taxes. He has control over all roads and bridges, establishes and alters election precincts and militia districts, appoints officers to fill all vacancies in the county. He audits the accounts of all county officers, makes rules and regulations for the relief of the poor. He issues marriage licenses, pays pensions to Confederate veterans, licenses and regulates peddling, and collects special taxes a.s.sessed by the State. He is elected for a term of four years.

He is both a judicial and an administrative officer. His judicial duties have been explained.

A part of his administrative duties as to roads and revenues is performed in some counties by a board of county commissioners.

COUNTY COMMISSIONERS.--A board of county commissioners may be created by the General a.s.sembly to administer the executive powers of the ordinary. The powers of the commissioners differ in the various counties, and their duties are prescribed by the act creating them.

They are called commissioners of roads and revenues. When county commissioners are provided for by legislative enactment the ordinary ceases to perform the duties given to the commissioners.

JURY COMMISSIONERS.--The board of jury commissioners is composed of six members, who are appointed by the judge of the superior court for a term of six years. Two members are appointed every second year.

This body meets in August, biennially, to revise the jury list. It selects from the books of the tax receiver "upright and intelligent men" to serve as jurors. The most intelligent and experienced are selected for the grand jury. The name of each person subject to serve on the jury is written on a separate slip of paper and placed in the "jury box." At each term of the superior court the judge draws out of this box from eighteen to thirty names, from which the grand jury is impaneled. In the same manner thirty-six names are drawn for the pet.i.t jury.

_Grand Jury_.--The grand jury consists of not less than eighteen nor more than twenty-three members. A foreman is elected by the jury. It is their duty to indict or present for trial all persons who from their own knowledge, or from evidence brought before them, are charged with an offense against the laws, and against whom sufficient evidence is produced to sustain the charge. It is also their duty to inspect the books and accounts of all county officers, examine the tax receiver's digest, and inquire into the condition and management of the county roads, jails, and schoolhouses. It advises the ordinary in the administration of the county tax, determines the salary of the county judge, jurors, and bailiffs, and appoints the members of the board of education.

_County Treasurer_.--All revenue paid into the county arising from taxes, and all other sources, is paid to the county treasurer, who disburses it only upon warrants issued by the ordinary or board of county commissioners.

_Tax Receiver_.--It is the duty of the tax receiver to secure from each taxpayer, under oath, a statement of the character and amount of his taxable property. Three digests are prepared from the full returns made to the tax receiver, who must furnish one to the Comptroller-General, the tax collector, and the ordinary.

_Tax Collector_.--It is the duty of the tax collector to collect all taxes due the State and county, and to pay the same over to the Comptroller-General and County Treasurer, the portion due the State going to the Comptroller-General. He is to search out and ascertain as far as possible all poll and professional taxes due and unpaid, and all taxable property not found in the digest, and to a.s.sess the same and collect thereon a double tax. He also issues against all defaulters, executions, which are placed with the proper officials for collection.

_Road Commissioners_.--Each county is arranged into road districts in order that the labor and expense may be divided as equally as possible throughout the county. Three commissioners are appointed in every district for a term of two years, and are excused only for providential causes; but while serving they are exempt from jury, militia, and other road duty.

All male residents of the State between the ages of sixteen and fifty years are subject to work on the public roads, with the exception of preachers, cripples, and employees of the Insane Asylum, and the like.

No person, however, is required to work for a longer time than fifteen days in the year, or for a longer time than five days in succession.

The commissioners have the power to fine or imprison defaulters.

Counties may, however, adopt an alternative plan for working the roads: in such counties a special tax is levied on property, the proceeds of which are spent on the roads, and able-bodied men between eighteen and fifty years of age are subject to road duty for not more than five days each year, or they may pay a small commutation tax instead.

CORONER.--The princ.i.p.al duty of the coroner is to hold inquests, with a jury composed of six electors, over the bodies of all persons who have died suddenly and under suspicious circ.u.mstances. Upon the verdict of the jury, the coroner may commit to prison, to await trial, any person found guilty of homicide. The coroner is also _ex-officio_ sheriff when the latter is disqualified or absent from the county.

_County Surveyor_.--The county surveyor makes surveys of county and district lines, and such other surveys as are required by the Comptroller-General.

CITIES AND TOWNS.--Where the necessity demands it in very thickly populated districts, and where the county government would be inadequate for the requirements of the community, local governments are established, which are termed _munic.i.p.al corporations_.

Such corporations are chartered by the General a.s.sembly, and the form of government of each munic.i.p.ality is prescribed in the act creating it. No distinction is drawn in Georgia between towns and cities.

The form of the munic.i.p.al government conforms to a large extent to that of the State government, the legislative power being delegated to a council or board of aldermen, the executive to the mayor, and the judicial to a recorder, or some one performing the duties usually given to this officer.

The council is composed of the _mayor_ and a number of _councilmen_.

They are elected by the voters, usually for a term of one or two years.

The councilmen in some places are elected from various city wards; in others they are elected by the town or city at large. In some cities the _recorder_ is elected by the council, and in some he is elected by the people. In some the mayor performs the duties of the recorder.

Under some charters, the city comptroller, tax collector, treasurer, and city attorneys are elected by the voters, while the minor officers, such as the city clerk, tax a.s.sessors, members of the board of health, the board of education, and the board of police commissioners, are elected by the council.

The revenue of a city is derived from a general tax on all real and personal property, which must be uniform, and a license tax on all occupations, which is varied with the occupation.

EDUCATION.--There is a thorough system of public schools for the education of the children of the State, the expenses of which are provided for by taxation or otherwise. The schools are free to all children of the State, but separate schools are provided for white and colored children. The State appropriates money directly to the support of the public schools.

Authority may be granted to counties, school districts, or to munic.i.p.alities, upon the recommendation of the corporate authority, to maintain schools by local taxation, levied in addition to the amount appropriated by the State. But such a law takes effect in any county district, or munic.i.p.ality, only if ratified by a two-thirds majority of the citizens voting on the question.

The _State Superintendent of Schools_ is the executive head of the school system of the State, and to him are submitted reports from the county school superintendents. He prepares the questions for teachers'

examinations.

The _State Board of Education_ is composed of the Governor, State Superintendent of Schools, and four other persons who are appointed by the Governor and confirmed by the Senate. At least three of these appointees must be men of practical experience in teaching schools and of high standing in educational work, having had at least three years'

practical experience in the schools of Georgia.

The board is authorized to receive bequests for education, and invest the princ.i.p.al sums when the interest only is to be expended. The board is an appellate and advisory body. The State Superintendent of Schools is required to advise with the board for the better performance of his duties, and appeals from his decisions lie to the board.

It is the duty of the State Board of Education to provide rules and regulations for the supervision of all schools in the State; to provide the course of study and select textbooks for all common and high schools of the State receiving State aid; also to provide a system of certification for the teachers of the public schools.

The schools of each county are under the control of a _County Board of Education_. The grand jury of a county selects five citizens to serve on the board for the term of four years. The county is divided by the board into school districts, and a school is established in each district which may have three trustees who act under the general supervision of the County Board of Education.

The board employs teachers, rents property, buys school furniture, and makes all arrangements necessary for the efficient operation of the schools.

The _County School Superintendent_ is elected by the qualified voters of each county for a term of four years. Under a recent act the term of all these officials is uniform and expires January 1, 1917. He must be a resident of the county in which he offers for election and be a person of good moral character. In addition to the above there are four tests laid down by law and the County School Superintendent must qualify under at least one of these:--

1. Three years' experience in teaching, one year of which shall have been in Georgia, and the possession of a first-grade license.

or

2. A diploma from a reputable college or normal school.

or

3. Five years' experience in actual school supervision.

or

4. An approved examination before the State Board of Education as to qualifications.

It is his duty to examine on a day advertised for that purpose all applicants for licenses to teach, and to grade such applicants according to the instructions of the State Superintendent of Schools.

He is a medium between the State Superintendent of Schools and all subordinate school officers, and acts as the agent of the County Board of Education in purchasing school furniture, apparatus, and all educational requisites.

Besides partly supporting the public schools, the State supports other inst.i.tutions for higher learning. These inst.i.tutions, though situated in different parts of the State, are collectively known as the _University of Georgia_, which has its seat at Athens. The head of all these inst.i.tutions is styled the _Chancellor_, but each has its President and separate board of trustees. The trustees are appointed by the Governor for various terms.