Studies in Civics Part 6

Resolved, That for a community of 5000 inhabitants or less a village organization is better than a city organization.

CHAPTER VI.

THE COUNTY.

Need Of.--A county organization is needed for the following reasons:

1. _To establish the lower organizations_. As we have seen, the organizations within the county are established by county officers. But, it may properly be asked, why not have them organized by the state directly? There are at least three good reasons: In the first place, it would be too burdensome to the state; that is, the state would act through the legislature, and to organize all the individual school districts, towns, villages, and cities, would take up too much of the time of the legislature. In the second place, the organizing could only be done at certain times, namely during the session of the legislature, and in the meantime communities would have to wait. In the third place, the records of incorporation would be inaccessible in case they were needed for reference.

2. _To serve as a medium between the state and the lower organizations._ The state uses the town, village, and city to value property for purposes of taxation and as election districts. But it gets its taxes and its election returns through the county. Here again may arise the question, why not send the state taxes directly to the capital and make election returns directly also? At least two good reasons appear: It would increase the work and therefore the number of officials at the capital, and if a mistake should be made it could not be so easily discovered and corrected.

3. _To carry on public works beyond the power of the towns individually._ A desired local improvement may be beyond the power of a town either because it is outside of the jurisdiction of the town or because of its expense. Thus, a road may be needed between two centers of population, villages or cities, which would run through several towns, while the jurisdiction of the towns individually extends only to their own borders.

Or a bridge over a wide stream may be needed, which would be too expensive for the town in which it is located. The road and the bridge would better be provided by the county.[Footnote: Sometimes state aid is secured. Do you think it wise, as a rule, for the state to grant such aid?] And the poor can generally be better cared for by the county than by the individual towns, for the county can erect and maintain a poor-house.

4. _To secure certain local officers not needed in every town;_ for instance, a register of deeds, the coroner, the judge of probate, the superintendent of schools (in most states), and the surveyor.

5. _To serve as a territorial basis for the apportionment of members of the legislature._ This is, perhaps, merely an incidental gain. But its convenience in defining legislative districts is obvious.

6. _To make justice cheap and accessible._ It is well in many ways, as we have seen, to have in every town, village, and city, courts of limited jurisdiction. But to _establish justice_ in any generous or satisfying sense there should be within the reach of every citizen a court competent to try _any_ difference between individuals regardless of the amount in controversy, and able to punish any crime against the laws of the state.

To bring such a court within the reach of every one was the original reason for the establishment of the county, and remains today the greatest advantage derived from its existence.

Establishment.--Counties are established by the state legislature.

In thinly settled parts of a state the counties are much larger than in the populous parts. A county should be large enough to make its administration economical, and yet small enough to bring its seat of justice within easy reach of every one within its boundaries. In the ideal county a person living in any part thereof can go to the county seat by team, have several hours for business, and return home the same day.

County Board.--The administration of county affairs is in the hands of the county commissioners or supervisors. This board is usually constructed on one of two plans: Either it consists of three or five members, the county being divided into commissioner districts; or else it is const.i.tuted of the chairmen or other member of each of the several town boards. The former plan prevails in Minnesota, Iowa, and other states; the latter in Wisconsin, Michigan, most of Illinois, and in other states.

The commissioners have charge of county roads and bridges, county buildings and other county property, and the care of the county poor.

Through the commissioners the county exercises the usual corporate powers.

Recording Officer.--The recording officer of the county is called in some states the county auditor, in others the recorder, and in others the county clerk. As we would expect, he is secretary of the board of commissioners and the custodian of county papers; and all orders upon the treasurer are issued by him. The auditor is also bookkeeper for the county, that is, he keeps an account of the money received and paid out by the county treasurer.

In Minnesota and some other states, he computes all the taxes for the county, [Footnote: In some states, among them Wisconsin, this computation is performed by the several town clerks, and the moneys are collected by the town treasurers.] and makes the tax-lists, showing in books provided for the purpose just how much the tax is on each piece of real estate and on personal property. These books he turns over to the county treasurer to be used in collecting the taxes.

Treasurer.--The county treasurer is, in some states, one of the most important officers. He is the great financial agent, collecting all the taxes paid by the people for school, town, village, city, county and state purposes, except a.s.sessments for city sidewalks and street grading. Great care must, therefore, be taken to guard the public money. The precautions serve as a check upon weak or dishonest officials, while right-minded ones welcome them as keeping their good name above suspicion. As a type, the precautions taken in Minnesota are given, to-wit:

1. The selection of an honest man for the office, so far as possible, is a prime consideration.

2. The treasurer must give a bond for such amount as the county commissioners direct.

3. He shall pay out money only upon the order of proper authority.

[Footnote: Moneys belonging to school district, town, village, or city, are paid on the warrant of the county auditor; county money, on the order of the county commissioners, signed by the chairman and attested by the county auditor; state money, on the draft of the state auditor in favor of the state treasurer.] This order signed by the payee is the treasurer's receipt or voucher.

4. He shall keep his books so as to show the amount received and paid on account of separate and distinct funds or appropriations, which he shall exhibit in separate accounts.

5. The books must be balanced at the close of each day.

6. When any money is paid to the county treasurer, excepting that paid on taxes charged on duplicate, the treasurer shall give, to the person paying the same, duplicate receipts therefor, one of which such persons shall forthwith deposit with the county auditor, in order that the county treasurer may be charged with the amount thereof.

7. The county auditor, the chairman of the board of county commissioners, and the clerk of the district court, acting as an auditing board, carefully examine at least three times a year the accounts, books and vouchers of the county treasurer, and count the money in the treasury.

8. The state examiner makes a similar examination at least once a year. No notice is given in either case.

9. As security against robbers, the money in the possession of the county treasurer must be deposited on or before the first of every month in one or more banks. The banks are designated by the auditing board, and must give bonds for twice the amount to be deposited.

Register of Deeds.--Without hope of reward no one would work. To encourage frugality, people must be reasonably secure in the possession of their savings. One of the things for which a person strives is a home.

Therefore, great care is taken to render a person who has bought a home, or other landed property, secure in its possession. Among the means employed are these: 1. The purchaser is given a written t.i.tle to the land.

This is called a _deed_. 2. In order that any person may find out who owns the land, thus preventing a person reputed to own it from selling it, or the owner from selling to several persons, a _copy_ of the deed is made by a competent and responsible public officer in a book which is kept for that purpose and which is open to public inspection. This is called _registering_ the deed, and the officer is called the register of deeds.

[Footnote: Incidentally this officer records other instruments, such as official bonds, official oaths, etc.] The register may have a.s.sistants, if necessary, he being responsible for their work.

Judge of Probate.--But not only should a person enjoy the fruit of his labors while living, he should also be able to feel that at his death his property shall descend to his family or others whom he loves. Many persons before they die make a written statement, telling how they wish their property disposed of. This written statement is called a will or testament. Some who are possessed of property die without making a will.

They are said to die _intestate_. To see that the provisions of wills, if any be made, are complied with, and, in case no will is made, to make sure that the property comes into possession of those best ent.i.tled to it, is the important and wellnigh sacred duty of an officer called the judge of probate. If no one is named in the will to look after the education and property of minor heirs, the judge of probate may appoint a guardian. The appointee must give bonds for the faithful discharge of his duty.

[Footnote: see chapter VII.] Incidentally it is made the duty of the judge of probate to appoint guardians for any persons needing them, such as insane persons, spendthrifts, and the like. He seems to be the friend of the weak.

County Surveyor.--To survey all public improvements for the county, such as roads, lands for public buildings, &c., there is an officer called the county surveyor. He is required to preserve his "field notes" in county books furnished for the purpose. Individuals frequently call upon him to settle disputes about boundary lines between their estates.

Superintendent of Schools.--Not every one is competent to teach, and to protect the children as far as possible from having their time worse than wasted by incompetent would-be teachers, is the very responsible duty of the county superintendent of schools. From among those who present themselves as candidates he selects by a careful examination those whom he deems most competent, and gives to each a certificate of qualification. He visits the schools and counsels with the teachers regarding methods of instruction and management. It is his duty also to hold teacher's meetings. He reports annually to the state superintendent of public instruction such facts as the superintendent calls for.

County Attorney.--Like railroads and other corporations, the county keeps a regularly employed attorney to act for it in all suits at law. This officer is called the county attorney. He represents the state in all criminal prosecutions and is for this reason sometimes called the state's attorney.

Sheriff.--An ancient officer of the county is the sheriff. He has three princ.i.p.al lines of duty: 1. To preserve the peace within the county. 2. To attend court. 3. To serve processes. He pursues criminals and commits them to jail. He has charge of the county jail and is responsible for the custody of the prisoners confined in it. He opens and closes each session of the district court, and during the term has charge of the witnesses, the juries, and the prisoners. It is his duty to carry into execution the sentence of the court. He serves writs and processes not only for the district court, but also for justices of the peace and court commissioners.

Coroner.--Another officer of the county, ancient almost as the sheriff, is the coroner. If the dead body of a human being is found under circ.u.mstances which warrant the suspicion that the deceased came to his death by violence, it is the coroner's duty to investigate the matter and ascertain if possible the cause of the death. He is aided by a jury summoned by him for the purpose.

At a time in early English history when the only county officers were the sheriff and the coroner, the coroner acted as sheriff when the latter was for any reason incapacitated. And the practice still continues. Thus, if there is a vacancy in the office of sheriff, the coroner acts till a new sheriff is chosen. And in most states the coroner is the only officer who can serve process upon the sheriff or who can arrest him.

Clerk of the Court.--The district court [Footnote: See next chapter.] is a "court of record." That is, it has a seal and a special officer to record its proceedings. He is called the clerk of the court. He of course also files and preserves the papers in each case. He has also certain incidental duties.

Court Commissioner.--Court is not always in session, and there are certain powers possessed by a judge "in chambers," that is, which the judge may exercise out of court. For instance, he may grant a writ of attachment or of _habeas corpus_. Where a judicial district comprises several counties, as is usually the case, a provision is made in some states for an officer in each county authorized to perform such duties in the absence of the judge. In Minnesota and most other states he is called the court commissioner.

Election and Term.--The county officers are in most sections of the country elected by the people of the county. The term is usually two years.

Removals and Vacancies.--Provision is made for the removal of any county officer for non-feasance or malfeasance in office. The power to remove is generally vested in the governor. The accused must be given an opportunity to be "heard in his own defense." Vacancies are generally filled by the county commissioners. They appoint some one, not one of themselves, to serve until the next election.

Qualifying.--Each officer before a.s.suming the duties of his office takes the official oath. All of the officers except the commissioners and the superintendent of schools are required to give bonds. Copies of these bonds are preserved by the register of deeds, and the originals are forwarded to the secretary of state.

Compensation.--Compensation is usually by salary or by fees. The matter is usually in the hands of the county commissioners, except so far as concerns their own compensation, which is fixed by law. This is usually a _per diem_.

Eligibility.--Any voter who has resided in the county a certain time (usually about thirty days) is eligible to any county office, except that of attorney or court commissioner. The former must be a person admitted to practice in all the courts of the state. The latter must be a man "learned in the law."

In some cases a person may hold two offices at the same time; thus, a person may be court commissioner and judge of probate. But no person can hold two offices one of which is meant to be a check upon the other. For instance, no one could be auditor and treasurer at the same time. In some states there is a bar against holding certain offices for two terms in succession.

_Some Pertinent Questions._