CHAPTER I

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[Illustration: CAPITOL, WASHINGTON, D.C.]

GOVERNMENT IN THE UNITED STATES

National, State, and Local

by

JAMES W. GARNER

Professor of Political Science in the University of Illinois

New York Cincinnati Chicago

American Book Company

Copyright, 1911, 1913, 1919, 1920, by

James W. Garner

Copyright, 1922, by

American Book Company

Entered at Stationers' Hall, London

Govt. U. S.

W. P. 29

Made in U. S. A.

PREFACE

My aim in the preparation of this book has been to present in an

elementary way the leading facts concerning the organization and

activities of national, state, and local government in the United

States. I have given rather greater emphasis than is customarily done in

textbooks of this character to what may be called the dynamics of

government, that is, its actual workings, as contradistinguished from

organization. Likewise, I have laid especial stress upon the activities

and methods of political parties, party conventions, primaries, the

conduct of political campaigns, the regulation of campaign methods, and

the like. The increasing importance of citizenship has led me to devote

a chapter to that subject. To encourage wider reading among students, I

have added to each chapter a brief list of references to books which

should be in every high school library. The great value of illustrative

material as a means of acquainting students with the spirit and actual

methods of government is now recognized. For the convenience of

teachers, I have therefore added at the end of each chapter a list of

documentary and other illustrative material, most of which can be

procured without cost and all of which may be used to advantage in

supplementing the descriptive matter in the textbook. To stimulate the

spirit of research and to encourage independent thinking among students,

I have also added at the end of each chapter a list of search questions

bearing upon the various subjects treated in the chapter.

I am under obligations to a number of teachers for reading the proof

sheets of this book and for giving me the benefit of their advice. Among

those to whom I am especially indebted are Mr. Clarence O. Gardner,

formerly assistant in political science in the University of Illinois,

Mr. W. A. Beyer, of the Illinois State Normal University, Mr. C. H.

Elliott, of the Southern Illinois State Normal University, Mr. E. T.

Austin, of the Sterling Township (Ill.) High School, and Mr. William

Wallis, Principal of the Bloomington (Ill.) High School.

J. W. GARNER

URBANA, ILLINOIS.

CONTENTS

CHAPTER PAGE

I. LOCAL GOVERNMENT: TOWNS, TOWNSHIPS, AND COUNTIES 5

II. LOCAL GOVERNMENT, CONTINUED: CITIES AND VILLAGES 25

III. THE STATE GOVERNMENTS 57

IV. THE STATE LEGISLATURE 73

V. THE STATE EXECUTIVE 91

VI. THE STATE JUDICIARY 109

VII. SUFFRAGE AND ELECTIONS 125

VIII. POLITICAL PARTIES AND NOMINATING METHODS 144

IX. THE ESTABLISHMENT OF THE UNION 159

X. THE TWO HOUSES OF CONGRESS 174

XI. ORGANIZATION AND PROCEDURE OF CONGRESS 197

XII. FEDERAL FINANCE, TAXATION, AND MONEY 217

XIII. THE REGULATION OF COMMERCE 236

XIV. OTHER IMPORTANT POWERS OF CONGRESS 248

XV. THE PRESIDENCY: ORGANIZATION AND MODE OF ELECTION 274

XVI. THE PRESIDENCY, CONTINUED: INAUGURATION, POWERS AND DUTIES 298

XVII. THE CABINET AND THE EXECUTIVE DEPARTMENTS 324

XVIII. THE FEDERAL JUDICIARY 353

XIX. GOVERNMENT OF THE TERRITORIES AND DEPENDENCIES 369

XX. CITIZENSHIP 383

ARTICLES OF CONFEDERATION 393

CONSTITUTION OF THE UNITED STATES 399

INDEX 411

GOVERNMENT IN THE UNITED STATES

CHAPTER I

LOCAL GOVERNMENT: TOWNS, TOWNSHIPS, AND COUNTIES

=Kinds of Local Government.=--Most of us live under at least four

different governmental organizations: the government of the United

States, the government of a state, the government of a county, and the

government of a minor division, usually called a town or township. In

addition to (or sometimes instead of) the county or township government,

many of us live under a special form of government provided for urban

communities,--cities, villages, or boroughs,--where the population is

comparatively dense and where, therefore, the somewhat simple form of

government provided for rural communities is insufficient. If the people

of the smaller communities are allowed to choose their own public

officials and, within certain limits, to determine their own policies in

public matters of a local character, they have a system of _local

self-government_. If, on the contrary, they are governed by some distant

central authority which determines their local policies and by which

their local officials are appointed, they live under a system of

_centralized government_.

=Merits of Local Self-Government.=--In the United States, the privilege

of local self-government is regarded as one of the chief merits of our

political system, and it is often declared to be one of the inalienable

rights of the people. One great advantage of local self-government is

that it brings government near the door of every citizen, and permits

the people of each locality, who are most familiar with their own local

conditions and who know best what are their local needs, to regulate

their own affairs as they see fit. Also, such a system is well

calculated to secure responsibility. So long as the local authorities

are chosen by the community from its own inhabitants and are constantly

under the eyes of the people, to whom they are responsible, they can be

more effectively controlled by local public opinion than is possible

where they are chosen by authorities distantly removed. Another

important advantage of local self-government is that it serves as a

training school for the political education of the citizens. Allow them

the privilege of choosing their own local officials and of regulating

their own local concerns, and their interest in public affairs will be

stimulated and their political intelligence increased and broadened.

This not only will tend to secure more responsible government (local,

state, and national), but will produce a more active type of

citizenship.

=Importance of Local Government.=--With the growth and congestion of

population in centers, and the increasing complexity of our industrial

and social life, the importance of local self-government has enormously

increased. The local governments touch us at many more points to-day

than does either the state or the national government; they regulate a

far larger proportion of the concerns of our everyday life; and hence we

feel the effects of corrupt or inefficient local government more keenly

than we feel the effects of inefficient state or national government.

We depend largely upon our local governments for the maintenance of the

peace, order, and security of the community; for the protection of the

public health; for the support of our schools; for the construction and

maintenance of roads and bridges; for the care of the poor; and if we

live in a city, for protection against fire, for our water supply,

usually, and for many other services essential to our comfort and

happiness. Finally, the larger proportion of the taxes we pay goes

toward the support of local government--a fact which makes it very

important that our local governments should be efficiently, honestly,

and economically conducted.

=Types of Local Government.=--The form of local government existing in

each state is such as the state itself provides, the national government

having no authority whatever over the matter. Such differences as exist

are more largely the result of historical conditions growing out of the

early settlement of the states, than of any pronounced differences of

opinion among the people in regard to forms of government. Since

colonial times there have been three general types of local rural

government in America: the _town system_, in New England; the _county

system_, which originated in Virginia and spread to other colonies and

states; and the _county-township type_--a combination of the first two

forms--which developed in the middle colonies of New York and

Pennsylvania and was carried to many Western states by settlers from the

middle states, and is now the most common form to be found.

TOWN GOVERNMENT

=Town and County in New England.=--The characteristic feature of the

town system of government is that the management of local affairs

devolves mainly upon the town (or township, as it is usually called

outside of New England), while the county is little more than an

administrative district for judicial and election purposes. In some of

the New England states, where the town system originated and where it

exists in its purest form, the county is almost ignored as an area for

local government. In Rhode Island it performs practically no duties of

local government and is merely a judicial district; there no county

officers are to be found except the sheriff and clerks of the courts. In

the other New England states the county plays a more important part than

it does in Rhode Island, but in none of them does it share with the

towns in anything like an equal measure the burden of local government.

=The New England Town.=--The towns of New England are the oldest

political communities in America, some of them being older in fact than

the counties and states of which they are a part. Generally they vary

from twenty to forty square miles in area, and are irregular in shape,

being in this respect unlike the townships of many Western states, which

were laid out in squares, each with an area of thirty-six square miles.

In population they vary from a few hundred persons to more than 130,000

as is the case with New Haven, which, though an incorporated city,

maintains a separate town organization.

=Powers of Town Government.=--The functions performed by the town

governments are varied and numerous. The most important, however, are

the support and management of public schools, the laying out and

maintenance of roads, the construction of bridges, the care of the poor,

and in the more populous towns, fire protection, health protection, the

maintenance of police, lighting, paving of streets, establishment of

parks, public libraries, etc. The towns also have power to enact

ordinances of a police character, relating to such matters as bicycle

riding on sidewalks, the running of animals at large, etc.

In addition to the management of the purely local affairs of the

community, the town acts as the agent of the state government for

carrying out certain state laws and policies. Thus it assesses and

collects the state taxes, keeps records of vital statistics, enforces

the health laws of the state, and acts for the state in various other

matters. Finally, except in Massachusetts, the town is a district for

choosing members of at least one branch of the legislature, and

everywhere in New England it is a district for state and national

elections.[1]

[1] Fairlie, "Local Government," p. 147.

=The Town Meeting.=--The central fact in the system of town government

in New England is the town meeting, or assembly of the qualified voters

of the town. The annual meeting is usually held in the early Spring

(except in Connecticut, where it is generally held in October) and

special meetings are called from time to time as necessity may require.

All persons qualified as voters under the state laws are entitled to

attend and take part in the proceedings of the meeting. Formerly

non-attendance was punishable by a fine, but that is no longer resorted

to; it being supposed that each voter's interest will be sufficient

inducement to secure his presence. The attendance is larger in the towns

of New England than in the states of the West where the town meeting

exists, and it is larger in urban towns than in those of a rural

character. Formal notice must be given of the time and place of the

meeting, and this is done by a warrant issued by the selectmen, which

specifies also the matters of business to be considered. This notice

must be posted in conspicuous places a certain number of days before the

meeting. No other matters than those mentioned in the warrant can be

introduced or considered. The meetings are usually held in the town

hall, though in the early history of New England they were frequently

held in the church, which was thus a "meeting house" for civil as well

as for church purposes.

The meeting is called to order by the town clerk, who reads the warrant,

after which an organization is effected by the election of a presiding

officer called a moderator, and business then proceeds in accordance

with the customary rules of parliamentary law. The next order of

business is the election of the town officers for the ensuing year. This

done, appropriations are made for the payment of the public expenses of

the town, and the other measures necessary for the government of the

town are then discussed and adopted. The most interesting fact about the

New England town meeting is the lively discussion which characterizes

its proceedings. Any voter may introduce resolutions and express his

opinion on any proposition before the assembly. One great advantage of

this system of local government is its educative effect upon the

citizens. It affords a means of keeping alive interest in public affairs

and thus tends to develop a more intelligent citizenship. Important

measures may be carefully discussed and criticized before the final vote

is taken, and it is difficult to "railroad" or smuggle an objectionable

measure through, as is sometimes done in the legislatures and city

councils. Everything the officials and committees of the town have done

is subject to be criticized, everything they are to do is subject to be

regulated by the meeting. The final action of the meeting, therefore, is

pretty apt to represent the real wishes of the people.

=Conditions Unfavorable to Government by Town Meeting.=--Various causes,

however, are at work in some parts of New England to weaken the system

of government by town meeting and to render it less suited to the modern

conditions under which it must be operated. The growth of manufacturing

industries in many of the towns has introduced a conflict of interests

between factory owners and operators on the one hand, and farmers on the

other. The result is occasional squabbles and controversies which are

not favorable to government by mass meeting. The influx of foreigners

who are unaccustomed to local self-government and who are therefore

unfamiliar with the duties of citizens in self-governing communities has

in recent years also introduced an unfavorable element. Finally, the

caucus has gained a foothold in many towns so that the election of

officers and the determination of important policies are often

controlled by a small group of persons who get together prior to the

town meeting and prepare a "slate" which is put through without adequate

discussion. It is also to be noted that with the growth of population,

many of the towns have become too populous to be governed effectively by

mass meeting. Frequently the town hall is too small to accommodate all

the voters who attend, and satisfactory debate under such conditions is

impossible. Often when a town reaches this size it organizes itself into

a municipal corporation, and a city council takes the place of the

popular assembly, but there are many places of considerable size which

still retain the town organization.

=Town Officers.=--_Selectmen._--From the beginning of town government it

was necessary to choose agents to look after the affairs of the

community during the interval between town meetings. These persons were

called _selectmen_, and they have retained the name until the present

day.

Every town now has a body of selectmen chosen at the annual meeting,

usually for one year (in Massachusetts for three years) to act as a

general managing board for the community. The number for each town

varies from three to nine according to the size of the town, three being

the most usual number. Reëlections are frequent; one selectman in

Brookline, Massachusetts, served nearly forty years. Their duties vary

in the different towns. Generally they issue warrants for holding town

meetings, lay out roads, impanel jurors, grant licenses, abate

nuisances, arrange for elections, control the town property, hear

complaints, sometimes assess taxes (especially in the small towns), and

may appoint police officials, boards of health, overseers of the poor,

and other local officers if they are not chosen by the voters assembled

in the town meeting.

_The Town Clerk._--Besides the selectmen, there are various other

officers of the town, the number varying according to its size and

importance. One of the most important of these is the _clerk_, who

performs some duties discharged by the county clerk in states outside of

New England. The town clerk is elected at the annual town meeting, and

is frequently reëlected from year to year. His principal duties are to

keep the records of the town meetings, and of the meetings of the

selectmen, issue marriage licenses, and keep registers of births,

marriages, and deaths.

_Assessors and Treasurer._--In the large towns there are assessors of

taxes, who prepare tax lists; in the smaller ones, as stated above, the

selectmen act as assessors. In all of the towns there is a town

treasurer who receives and takes care of all taxes collected from the

citizens, turning over to the proper officers the portion which goes to

the state and to the county. He also keeps an account of all receipts

and disbursements and makes an annual report to the town meeting.

_Overseers of the Poor._--To care for the pauper and dependent class

there are usually one or more overseers of the poor elected by the town

meeting, though in the smaller towns the selectmen perform this duty.

Their principal function is to determine who shall receive public aid.

_Constables._--In every town one or more constables are elected.

Formerly this office, like that of sheriff, was one of dignity and

influence, but it has lost much of its early importance. As the sheriff

is the peace officer of the county, the constables are the peace

officers of the town. They pursue and arrest criminals and execute

warrants issued by the selectmen and by the justices of the peace. In

addition they sometimes summon jurors and act as collectors of the

taxes.

_School Committee._--Generally there is also a school committee elected

at the town meeting. It is charged with establishing and visiting

schools, selecting teachers, prescribing the courses of instruction, and

appointing truant officers.

_Other Town Officials_ are justices of the peace; road surveyors or

similar officers with other titles, charged with keeping public roads

and bridges in repair; field drivers and poundkeepers, who take up and

keep stray animals until claimed by their owners; fence viewers, who

settle disputes among farmers in regard to partition fences and walls;

sealers of weights and measures, who test the accuracy of scales and

measures; surveyors of lumber; keepers of almshouses; park

commissioners; fish wardens; inspectors of various kinds; and a host of

other minor officials, some of whom bear queer titles, and many of whom

serve without pay or receive only trifling fees for their services. In

some of the small towns, officials are so numerous as to constitute a

goodly proportion of the population. The town of Middlefield (Mass.),

for example, with only eighty-two voters recently had a total of

eighteen officials.[2]

[2] Hart, "Actual Government," p. 172.

=Town Government in the West.=--Town government is not confined to New

England; it has been carried to many Western states where immigrants

from New England have settled, though in none of them does it possess

the vitality or play the important part in the management of public

affairs that it does in the older communities where it originated. In

the states of the South and the far West, there is no general system of

town government. Counties, however, are usually divided into districts

for a few unimportant purposes.

COUNTY GOVERNMENT

=The County.=--The county[3] is a civil division created by the state

partly for purposes of state administration and partly for local

government. New York city embraces within its boundaries five counties;

other cities, like Chicago, Cleveland, Buffalo, and Cincinnati, contain

within their limits the larger part of the population of the counties in

which they are situated. The population of a large majority of the

counties, however, is predominantly rural rather than urban in

character, and where there is a large city within a county, most of the

affairs of that portion of the county lying within the city limits are

managed by the city government.

[3] The corresponding division in Louisiana is called a parish.

_Population and Area._--The population of the counties, and their areas,

vary widely. Several counties in Texas in 1910 had less than 400

inhabitants each, New York county, on the other hand, had more than

2,750,000. The most populous counties are in the Eastern states, and

the least populous in the South and West. There are now about 3,000

counties in all the states, the number in each state ranging from three

in Delaware and five in Rhode Island to 244 in Texas. In proportion to

population Massachusetts has a smaller number (fourteen) than any other

state in the Union. In many states the minimum size of counties is fixed

by the constitution. The minimum limit where it is fixed by the

constitution is usually 400 square miles, though in some states it is

600 or 700 and in Texas it is 900 square miles. Where no such

restrictions have been prescribed, however, as in some of the old

states, the area is sometimes very small. In Rhode Island, for example,

there is one county with an area of only 25 square miles. New York has

one county (New York) with an area of 21 square miles, and another (St.

Lawrence) with an area of 2,880 square miles. On the other hand, Choteau

county in Montana has an area of over 16,000 square miles, being

considerably larger than the combined area of several of the smaller

states.

To prevent the legislature from creating new counties or altering the

boundaries of existing counties against the wishes of the inhabitants,

and to secure to the people home rule in such matters, the constitutions

of a number of states provide that new counties may be formed, or the

area of existing counties altered, only with the consent of the

inhabitants concerned, given by a direct popular vote on the question.

_Functions of the County._--The county is a judicial and elective

district, and the jails and courthouses and sometimes the almshouses are

county rather than town institutions. Outside of New England the county

is also often the unit of representation in the legislature; and it acts

as an agent of the state in collecting taxes and executing many laws.

=County Officers.=--_The County Board._--The principal county authority

is usually a board of commissioners or supervisors (in Louisiana it is

called the police jury), elected by the voters either from the county at

large or from districts into which the county is divided. In most states

it is a small board, usually three or five members; in some it is

larger, being composed of one member from each township in the county.

In a few Southern states (Kentucky, Tennessee, and Arkansas), the county

court of justices of the peace still acts as the county board, as in

Colonial days.

This board is both a legislative and an administrative body for the

county, for the executive and legislative functions in local government

are not always kept so separate and distinct as they are in the state

and national governments. It levies taxes, appropriates money for

meeting the public expenses, has general control of county finances, has

charge of county buildings and other property, settles claims against

the county, approves bonds of county officials, and in many states it

establishes roads, lets contracts for the erection of bridges and other

public works and for repairing them, licenses ferries and sometimes

inns, saloons, peddlers, etc., cares for the poor and dependent classes,

and performs numerous other services which vary in extent and character

in the different states.

[Illustration: Pueblo County Court House, Colorado]

[Illustration: Polk County Court House, Florida]

_The Sheriff._--The most important executive officer of the county is

the sheriff. This office is a very ancient one, though it has lost much

of its former dignity and importance. The sheriff is elected by the

people of the county, in all of the states except Rhode Island (where he

is chosen by the state legislature), for a term ranging from one to four

years, the most usual term being two years. The sheriff is usually

assisted by a number of deputies, who are either regularly employed by

him or especially summoned in case of emergencies. He is the general

conservator of the peace of the county and is charged with attending the

court as its executive officer and with carrying out its orders, whether

it be to sell property for nonpayment of taxes, to seize and sell

property in execution of a judgment, or to hang a convicted criminal. He

has the power, and it is his duty, to arrest offenders and commit them

to the jail, of which he is usually the custodian, and to this end he

may summon to his aid the _posse comitatus_, which consists of the

able-bodied male citizens of the county. In case of serious disturbance

and riot he may call on the governor for the aid of the militia. He must

exercise reasonable care for the safe-keeping of prisoners in his

custody, and in some states he may be removed from office by the

governor for negligence in protecting them against mob violence. In some

of the Southern states he is _ex officio_ tax collector and in some he

is also _ex officio_ public administrator. Other duties of a special

nature are imposed upon sheriffs in different states.

_The Coroner._--Next to the sheriff among county officers in point of

origin is the coroner, whose principal duty is to hold inquests upon the

bodies of persons who are supposed to have died from violence or other

unlawful means. In such cases it is the duty of the coroner to impanel a

jury, usually of six persons, who from the testimony of witnesses, if

there are such, and with the aid of a physician or other expert, decide

the facts as to how the deceased met his death. A coroner's inquest,

however, is not a trial but merely an inquiry into the circumstances of

the death. By an old common-law rule, the coroner usually succeeds to

the office of sheriff in case the latter dies or for any other reason is

disqualified from acting.

_County Clerk._--Usually in every county there is an official called the

county clerk, who in most states serves both as the clerk of the county

board of commissioners, and as clerk of the county court and of the

circuit court. In the former capacity he keeps a record of the

proceedings of the meeting of the board. His books must contain a record

of all bids for the erection of county buildings, of all contracts let,

notices of elections ordered, licenses granted, roads laid out or

changed, and indeed of all transactions of the board. As clerk of the

court he must prepare and keep the docket of all cases for trial and of

the judgments entered, issue processes and writs, certify to the

accuracy of transcripts from the records of the court, and keep all

papers and records of the court. In Pennsylvania and Delaware the clerk

of the common pleas court is known as a "prothonotary"; in Massachusetts

the clerks of the probate courts are styled "registers of probate."

In a few states these two sets of duties are intrusted to different

officials, one of whom is styled the county clerk and the other the

clerk of the court. Usually the county clerk is also an election

officer, being charged with the giving of notices of elections, the

preparation of ballots, and the keeping of election records. County

clerks are usually elected by the people of the county for a period

ranging from one to four years, and reëlection is much more frequent

than is the case with other county officials, because of the greater

need of experience and familiarity with the duties of the office.[4]

[4] In Vermont and Connecticut, however, they are appointed by the

judges and hold during their pleasure, while in Rhode Island they are

elected by the legislature annually.

_County Treasurer._--An important county officer is the treasurer, who

receives and has custody of the state and county taxes, though in a few

states having the county system of local government there are special

tax collectors, and, as we have seen, in some of them these duties are

performed by the sheriff.[5] Nearly everywhere the office is filled by

popular election, though in a few states treasurers are chosen by the

county board or appointed by the governor. On account of the large sums

of money often intrusted to their keeping, they are usually placed under

heavy bond to insure the state and county against loss in case of

defalcation or other misapplication of the funds in their charge. County

treasurers frequently deposit the public funds in local banks and retain

for themselves the interest which they receive therefrom. Recently the

treasurer of Cook county, Illinois, agreed before his election to turn

over to the county all interest received by him on county funds

deposited in banks, and in 1904 nearly half a million dollars was thus

paid into the county treasury by him.

[5] Rhode Island is the only state in which there is no such official

as the county treasurer, the custody of local funds being intrusted

to the town treasurers.

_County Auditor._--In a number of states the office of county auditor

has been provided. Generally he keeps the accounts of the county, so as

to show the receipts and expenditures of the public moneys, and issues

warrants upon the treasurer for the payment of bills authorized by the

county board. In some states his duties are limited merely to an

examination of the accounts of county officers to see that they have

been properly kept and that there has been no misapplication of public

funds.

_Recorder of Deeds._--In all the states there are officials charged with

keeping records of certain legal documents such as deeds, mortgages, and

leases. They are designated by different names, the most usual being

register of deeds or recorder of deeds. They make exact copies of the

instruments to be recorded, enter them in large books, and keep indexes

by which such instruments can be readily found. In some states these

duties are performed by the county clerk. The importance of the office

is evident because upon the careful preservation and accuracy of the

records must depend in many cases our rights to property.

_School Officers._--In the states outside New England there is usually a

county superintendent or commissioner of schools and in most of the

Southern states a county school board. In a large majority of the states

the county superintendent is elected by the people, though in a few he

is appointed by the governor, elected by the local school boards, or

chosen in other ways. The principal duties of the superintendent of

schools are to examine teachers, issue certificates to teach, visit the

schools, organize teachers' institutes, give advice on educational

matters to teachers and school trustees, make reports to the state

superintendent of public education, sometimes decide questions appealed

to him from the district trustees, and in general watch over and promote

the educational interests of the county. County school boards in the

South establish schools as do the town school committees and school

district boards in other states.

_Other County Officials_ are the surveyor, who makes surveys of land

upon the application of private owners, prepares plats, and keeps

records of the same; superintendent or overseers of the poor, who have

charge of almshouses, hospitals, and poor farms where they belong to the

county; health officers or boards of health, whose duties are indicated

by their titles; and occasionally other minor officials with varying

titles and duties.[6]

[6] The county court and the justices of the peace are discussed in

the chapter on the state judiciary (chapter vi).

THE COUNTY-TOWNSHIP SYSTEM

In most states the general type of local government is that which we

have designated as the county-township system. It is a system in which

there is a more nearly equal division of local governmental functions

between the county and township than is found either in New England or

in the Southern states.

=The Two Types.=--Growing out of the fact that the county-township

system has two sources it has developed into two different types: the

New York or supervisor type and the Pennsylvania or commissioner type.

_A. New York Type._--In New York the town with its annual meeting early

made its appearance, though the town meeting there never exhibited the

vigor and vitality that it did in New England. Early in the eighteenth

century a law was enacted in New York providing that each township in

the county should elect an officer called a _supervisor_, and that the

supervisors of the several towns should form a county board and when

assembled at the county seat should "supervise and examine the public

and necessary charge of each county." In time the management of most of

the affairs of the county was devolved upon the board of supervisors,

and the system has continued to the present. This board is now composed

of not only the supervisors of the townships but also the

representatives of the various villages and wards of the cities within

the county. The county board thus represents the minor civil divisions

of the county rather than the county as a whole. It has charge of

various matters that in New England are managed by the towns. The town

meeting exists but it is not largely attended, and does not play the

important rôle in local government that it does in New England. This

system in time spread to those states, like Michigan, Illinois, and

Wisconsin, which were largely settled by immigrants from New York.

_B. The Pennsylvania Type._--As New York was the parent of the

supervisor system, Pennsylvania became the parent of the commissioner

system. Instead of a county board composed of representatives from the

various townships in the county, provision was made for a board of

commissioners elected from the county at large. The Pennsylvania system

spread to Ohio and from there to Indiana and later to Iowa, Kansas,

Missouri, Nebraska, North Dakota, and South Dakota. In some states the

commissioners are elected by large districts into which the county is

divided for that purpose.

Thus, first to New York, and second to Pennsylvania belongs the honor of

predetermining the character of local government in the West. The

county-township system is the most widely distributed system of local

government in the United States, and seems destined to become the

prevailing system for the country as a whole.[7] The principal

difference between the two types consists in the presence of the town

meeting in the northern tier of states where the New York type prevails,

and its absence in the states where the Pennsylvania type was

introduced; in the different manner in which the county boards are

constituted; and in the relative importance of the county and township

in the local governments of the two groups of states.

[7] Goodnow, "Comparative Administrative Law," Vol. I, p. 178.

=Conflict of Different Systems in the West.=--An illustration of the

attachment of the people of different parts of the country to the local

institutions to which they were early accustomed, is found in the

conflict which took place in Illinois between the settlers in the

northern and southern parts of the state. The southern part of the

state was settled largely by people from the South, who brought with

them the Southern ideas of local government, and as they constituted the

bulk of the population of the state at the time it was admitted to the

Union, the system of county government was established by law throughout

the state; but the county board was organized on the Pennsylvania plan

and not according to the old Southern system. The northern part of the

state, on the other hand, was settled mainly by people from New England,

who were likewise strongly attached to the local government to which

they had been accustomed. They succeeded, therefore, in securing the

adoption of a clause in the constitution (1848), allowing the people of

each county to adopt the township system whenever the majority of the

legal voters of the county voting at any general election should so

determine. Under the operation of this "home rule" provision, 85 of the

102 counties of the state have adopted the township system. A somewhat

similar conflict occurred in Michigan, where the Pennsylvania

commissioner system was first introduced, but with the influx of

inhabitants from New York and New England dissatisfaction with that

system increased until finally it was displaced by the New York or

supervisor type.

=References.=--BEARD, American Government and Politics, ch. xxix.

BRYCE, The American Commonwealth (abridged edition), chs.

xlvii-xlviii. FAIRLIE, Local Government in Towns, Counties and

Villages, chs. iv-v, viii-xi. FISKE, Civil Government in the U. S.,

chs. ii-iv. HART, Actual Government, ch. x. HINSDALE, American

Government, ch. lv. WILSON, The State (revised edition), secs.

1035-1043. WILLOUGHBY, Rights and Duties of Citizenship, pp.

260-265.

=Documentary and Illustrative Material.=--1. A map of the state

showing its division into counties. 2. A map of the county showing

the towns, townships, supervisors' districts, or other civil

subdivisions. 3. A copy of a town meeting warrant. 4. A copy of

the proceedings of the county board or town meeting, as published

in the local newspaper. 5. The legislative manual or blue book of

the state in which lists of counties and their subdivisions, with

their population, area, officers, and other information may be

found. Usually this may be procured from the secretary of state. 6.

Reports of county officers. 7. Copies of the state constitution,

which may usually be obtained from the secretary of state; and, if

possible, a copy of the revised statutes of the state. 8. Volume of

the census report on population.

RESEARCH QUESTIONS

1. What is the distinction between local self-government and centralized

government? What are the advantages of a system of local

self-government?

2. Why should counties, towns, and cities be subject in some measure to

the control of the state?

3. What are the provisions in the constitution of your state in regard

to local government?

4. How many counties are there in your state? What is the area and

population of the largest? of the smallest?

5. How may new counties be created in your state? How may old counties

be divided? How are county seats located?

6. Enter in your notebook a list of the county officers in your county.

For how long a term is each elected?

7. Which one of the three forms of local government described above does

the system under which you live most nearly approach?

8. How many members are there on your county board? Are they called

commissioners or supervisors? Are they elected from the county at large

or from districts?

9. What are the political subdivisions of your county called, and how

many are there?

10. If you live in a state where the town system of local government

exists, make a list of the town officers and state their duties.

11. Is the town meeting a part of the system of local government where

you live? If so, how often is it held?

12. Are the public roads in your community under county or town control?

the poorhouse? the assessment and collection of taxes?

13. How many justices of the peace and constables are there in your town

or district? Give their names.

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