Studies in Civics Part 13

Boiler Inspector.--Steam is now used as power in thres.h.i.+ng grain and in grinding it, in sawing lumber, in propelling boats and cars, etc. To prevent loss of life, engineers must pa.s.s an examination and secure a certificate of qualification. And boilers must be inspected at least once a year to prevent explosions. The latter duty devolves upon the state boiler inspector and his a.s.sistants. Locomotive engines on railroads are sometimes exempt from government inspection, because of the invariably high skill of the engineers and the great care of the companies.

Labor Commissioner.--Among the questions now receiving consideration from states and nations are many referring to labor--the healthfulness of factories, hours of labor, employment of children, protection against accidents, etc. In many of the states there is a commissioner of labor to make inspections and formulate statistics pertaining to labor.

Officers Peculiar to Certain States.--There are in some states other officers, necessitated by special industries. Thus, in Minnesota, where the grain, dairy and lumber interests are very important, there are inspectors of grain, a dairy commissioner, and surveyors-general of logs.

Appointment and Term.--The officers named in this chapter are elected in some states; in others they are appointed by the governor and confirmed by the senate. The term is usually two years.

All are required to give bonds for the faithful discharge of their duties.

All have clerks, deputies, or a.s.sistants, appointed by themselves, for whose official acts they are responsible.

ADMINISTRATIVE BOARDS.

Besides the boards in charge of the several state inst.i.tutions there are usually a number of administrative boards. Of these the most important are:

1. _The state h.o.a.rd of health_, whose duty it is "to make inquiries concerning the causes of disease, especially of epidemics; the effect of employments, conditions, and circ.u.mstances upon the public health," etc.

2. _The state board of charities and corrections_, whose duty it is "to investigate the whole system of public charities and correctional inst.i.tutions of the state, and examine into the condition and management thereof, especially of prisons, jails, infirmaries, public hospitals, and asylums."

3. _State board of equalization_, which equalizes a.s.sessments throughout the state so as to render taxation as nearly just as possible. This board takes cognizance only of _cla.s.ses_ of property; it does not attempt to correct individual grievances.

4. _The state board of immigration_, appointed "to encourage immigration, by disseminating information regarding the advantages offered by this state to immigrants."

5. _The commissioners of fisheries_, whose duty is to take means to increase the number of food fish in lakes and rivers. To this end the board secures from the United States commissioner of fisheries the quota of sp.a.w.n allotted from time to time to the state, and from other sources sp.a.w.n of such fish as seem desirable, and has them placed in such lakes and rivers as they will be most likely to thrive in.

The members of these boards are appointed by the governor. They serve without pay, except the board of equalization. The state pays the expenses incident to the discharge of their duty. The secretary of each board receives a salary, specified by law.

There are also boards to examine candidates for admission to practice medicine, pharmacy, dentistry, and law.

_Some Pertinent Questions._

Locate the state university, the state normal schools, all of the schools for the unfortunate, the lunatic asylums, the state prisons.

What is the maximum rate per mile that can be charged by railroads for the transportation of pa.s.sengers in this state? How came this to be? If a farmer wished to s.h.i.+p a carload of wheat without putting it into a warehouse, how could he get a car? If a car were refused what could he do?

Examine the end of a kerosene cask, and find out what the marks on it mean. By reference to the latest report of the secretary of the state board of immigration, find out what inducements to immigrants this state offers. Is there probably such a board as this in the eastern states? Why?

In European countries? Why?

Does your school receive copies of the pamphlets issued by the state board of health?

CHAPTER XV.

THE JUDICIAL BRANCH.

We have seen that minor differences may be adjudicated in each town, village and city, by justices of the peace and munic.i.p.al courts; and that courts having jurisdiction unlimited as to the amount at controversy are held in every county. And these may all be properly called state courts, the state being subdivided into judicial districts, each comprising one or more counties, for the purpose of bringing justice within the reach of every person. But there is also in every state a

STATE SUPREME COURT.

Need of.--The supreme court is needed for the following reasons:

1. _To review cases on appeal._ Notwithstanding the great care exercised in the lower courts, errors are liable to occur, and the person aggrieved may ask for a new trial. If this be denied, he may appeal to the supreme court. Appeals are usually taken on one or more of three grounds--(a) On exceptions to rulings of the judge as to the admissibility of testimony; (b) On exceptions to the judge's charge to the jury; (c) On the ground that the verdict of the jury is not warranted by the evidence.

2. _To interpret the law._ The exceptions referred to in the preceding paragraph may involve the meaning of a law. In that case the decision of the supreme court establishes the meaning of the law in question, and the lower courts of the state are thereafter bound by the interpretation given.

3. _To pa.s.s upon the const.i.tutionality of a law._ The appeal may be made for the purpose of testing the const.i.tutionality of a law. If declared unconst.i.tutional by the supreme court, the law is void.

4. _To issue certain remedial writs._ Among these may be mentioned the writ of _habeas corpus_ and the writ of _mandamus_. Thus, if a person has been committed to prison by decree of one of the lower courts, to appeal the case and get it reviewed, might take so much time that the term of imprisonment would expire before relief could be obtained. To bring the matter quickly to the test, the writ of _habeas corpus_ may be used.

How Const.i.tuted.--The supreme court consists of one chief justice and two or more a.s.sociate justices. The number in each state may be seen by reference to the appendix (pp. 296-7), as may also the term of service, the number of sessions held during the year, etc.

Reports.--Since the decisions of the supreme court are binding upon all the lower courts of the state, they must be published in permanent form.

To this end, the clerk of the supreme court makes an elaborate record of each case; the judges render their decisions in writing, giving their reasons at length; and the reports of the decisions are prepared for publication with great care by an officer called the reporter. The decision is written by one of the judges, who signs it, but it must be agreed to by a majority of the court. The bound volumes of reports are found in every lawyer's library.

A Court of Final Appeal.--In all cases involving only state laws, and this includes a large majority of cases, the decision of the state supreme court is final. Only on the ground that the state law is not in harmony with the const.i.tution or laws of the United States can a case involving such a law be appealed from the supreme court of the state. The appeal is to the supreme court of the United States, which decides merely the question of the validity of the law.

State Courts and Federal Courts.--The jurisdiction of the United States courts is given in the const.i.tution of the United States, Article III, section 2. If during the progress of a trial in a state court, rights claimed under the United States const.i.tution or laws or under a treaty of the United States become involved, the case may be removed to a federal court.

No Jury in the Supreme Court.--There is no jury in the supreme court.

Questions of fact are determined in the lower courts. Appeals are on questions of law. A transcript of the proceedings in the trial court is submitted to the supreme court. Ask a lawyer to show you a brief and a paper book.

_Some Pertinent Questions._

Give the jurisdiction of a justice court. Of a probate court. Of a district or circuit court. Of the supreme court?

Who is the recording officer of a justice court? Of a probate court? Of a district court? Of the supreme court?

Who keeps a record of the testimony in a justice court? In a district court? What is meant by "noting an exception," and why is it done? If a person is dissatisfied with the decision of the supreme court, what can he do about it?

Who besides the judges of the supreme court can issue the writ of _habeas corpus?_

Name the justices of the supreme court of this state. How are they chosen?

How long do they serve? How many terms does this court hold annually?

Where are they held? How long do they last? Read some of the syllabi of the decisions as they appear in the newspapers. Who prepares these outlines for the press?

Which state in the Union has the largest supreme court? Which has the smallest? Which demands the highest qualifications? In which is the term the longest? In which the shortest? Does a decision of the supreme court of New York have any weight in Minnesota? Which states rank highest in the value attached to the decisions of their supreme courts? How do you account for this?

Paper: By means of pages 292-7, &c., prepare a tabular view of your state, taking that on pages 314-15 as a model.