JUDICIARY DEPARTMENT.
The state courts derive their powers and jurisdiction from the
Constitution and laws of the state. The courts in different states go
by different names, yet the jurisdiction is about the same.
The Court of Appeals is the highest court in Kentucky. It holds annual
sessions from about September fifteenth to about June twenty-second at
the State Capitol, Frankfort, Kentucky.
Seven judges and one commissioner constitute the Court of Appeals in
Kentucky, and each receives a salary of five thousand dollars per
year, a clerk or secretary and an office furnished in the new capitol
building.
A person to be a member of the Court of Appeals must be thirty-five
years old and a citizen of the State for five years. He must have
resided two years in the judicial district from which he is elected.
The Court of Appeals or Supreme Court is the highest court of the
State. This court is the State court of last resort.
The judges of the Court of Appeals are elected by the people for a
term of eight years, commencing on the first Monday in January
succeeding their election.
The cases tried before the Court of Appeals are usually appealed to it
from the lower courts.
There are certain classes of cases that come before the Court of
Appeals for first trial in which is involved the question of official
action of State officers.
CIRCUIT COURT.
The circuit judge holds this court first in one county and then in
another until the circuit of the counties which compose his district
is completed.
Circuit court is held in the court house of the county seat two or
three times a year, presided over by the judge of that district
elected by the voters. (In case of a vacancy the Governor of the State
appoints some lawyer to fill his place.) The majority of important
cases are tried in this court, because a jury trial may always be had
in the circuit court.
The Constitution of the United States provides that every man or woman
shall have the right to trial by jury in all criminal cases, and in
civil cases involving a sum of more than $20.00.
Twelve citizens known as a grand jury usually meet at the time the
circuit court convenes. All violations of law are investigated, and
persons found guilty are indicted by the grand jury.
COUNTY COURT.
The county court is held at the county seat of every county and is
presided over by the county judge. The county judge is elected by the
voters of the county.
In this court civil suits are tried in which the sum involved is not
over $200.00. It tries the more important cases which do not come
before the justice of the peace court, or city police court.
The county judge's office is the most important office in the county.
He probates wills and appoints executors, administrators, and
guardians. He is the head of the fiscal court which looks after all
the material interests of the county, as construction of roads, care
of paupers and the general interest of the county.
JUSTICE OF THE PEACE COURT.
The justice of the peace court is the lowest court and is held by a
justice of peace, called a magistrate, who is elected in that
magisterial district by the voters. Petty misdemeanors involving small
sums of money are tried in this court.
The justices' courts are found in every community for protection and
convenience to the people.
The magistrates are members of the fiscal court of the county.
POLICE COURT.
The police courts in towns and cities are similar to the justices'
courts. They are necessary in every city to try the petty
misdemeanors. A police judge is elected by the voters of the city and
tries all petty cases under his jurisdiction.
JURIES.
The grand jury is selected by the court and is composed of not less
than twelve responsible and qualified citizens. It is their duty to
make a faithful inquiry into all wrongs and violations of the law.
They call witnesses before them and make an investigation, and upon
sufficient proof against a person they have them indicted. The
proceedings of a grand jury are secret.
The terms "jury" and trial by jury are quite different from a grand
jury. The grand jury investigates and inquires into all wrongs and
violations of the law and if the person accused is guilty returns an
indictment. Then the trial jury of twelve persons after hearing the
evidence given them in court returns their unanimous verdict one way
or other, otherwise a hung jury.
There is a difference between a trial by jury and a grand jury. The
petit jury or trial by jury is composed of twelve men, honest and
upright citizens living within the jurisdictional limits of the court,
drawn and selected by officers free from all biased opinion and sworn
to render a true verdict according to the law and evidence given them.
Every citizen is entitled to a fair trial, even though the accused is
known to be guilty. The Constitution of the United States gives this
right to all citizens.
The trial of all crimes shall be by jury except in impeachment. The
Constitution provides that the trial be held in the state where the
crime is committed, and if the crime is not committed in any of the
states Congress has the power to name a place of trial.
The jurors decide whether or not the party accused is guilty by a
unanimous vote, and if one or more vote against, it is called a hung
jury.
The judge of the court instructs the jurors on the law in the case.
EXECUTIVE DEPARTMENT.
The executive department of state government is the law enforcing
power.
The governor of a state is the chief executive. His duty is to see
that the laws of his state are executed, to study the conditions and
needs of the state, and to prepare a message to the legislature
setting forth these needs and conditions. He is commander in chief of
the state militia.
He should fill all vacancies that come under his appointing power,
appoint certain state officers and boards, grant pardon to convicted
criminals when right, call a special session of the legislature when
necessary.
The governor represents his state in its relation to the federal
government and to other states.
The Governor of Kentucky receives a salary of six thousand and five
hundred dollars per year, all expenses when on duty for the State, and
in addition, a mansion lighted, heated, and furnished, and three
thousand dollars per year for public entertaining. He is elected for
four years and cannot succeed himself for re-election.
Most of the states have the following state officials elected by the
voters of the state: Governor, Lieutenant Governor, Secretary of
State, Treasurer, Auditor, Attorney General, Commissioner of
Agriculture and Superintendent of Public Instruction.
The Superintendent of Public Instruction, the Attorney General and the
Secretary of State compose the Board of Education.
COUNTY GOVERNMENT.
The county is a political division created by the state to administer
local affairs, to act as agent for the state, to collect taxes, and
enforce state laws.
The county owns many of the public buildings such as the court house
and jail.
Every state is divided into counties, and every village, town or city
is located in some county. As has been said there are one hundred and
twenty counties in the State of Kentucky. The county seat of a county
is where the business of a county is transacted, and where the courts
of importance are held. It is really the capital of the county.
Some counties on account of size and population have two county seats.
While county government differs in many states there is a uniformity
in the organization of counties throughout the union.
A county judge is elected in every county by the people. He presides
over the county court which is held at the county seat.
Some of the other officers of the county elected by the voters are:
The sheriff, county superintendent of schools, circuit clerk, clerk of
the county court, coroner, prosecuting attorney, county attorney, tax
commissioner.
TOWN GOVERNMENT.
The government of a town is perhaps the nearest approach we have to a
direct government by the people themselves.
Towns as well as counties not only look after their local interest but
look after state interest within their boundaries.
A community of three hundred or more may upon petition of two-thirds
of its inhabitants, be incorporated as a town.
Towns as well as counties are organized and governed under general
laws passed by the legislature of its state.
The incorporated township has a right to hold property and make
contracts.
CITY GOVERNMENT.
Cities like towns and counties receive their right of government
through the state by a charter granted by the state legislature. The
charter is the fundamental law of the city.
The chief executive officer of a city is the mayor who is generally
elected by the people.
The power of city government is vested in the mayor and the city
council.
For convenience a city is divided into subdivisions called wards, and
for elections into certain voting precincts called election districts.
The board of aldermen or council is composed of one person chosen from
each ward by the voters. Their power is limited by the city charter.
Voters are responsible for their government and much of our happiness
depends upon the way our city is managed.
Many cities have adopted the commission form of government by electing
a non-partisan ticket composed of several commissioners. Each
commissioner is put in charge of a division of the city's
administration and held responsible for the work of his department.
The mayor of a city presides over the meetings of the council and
sometimes vetos measures passed. He is elected by the voters. The
chief duty of the mayor is to see that the laws and ordinances are
enforced.
In large cities there is a system of courts extending from the police
court to the higher courts.
Appeals from the courts of the city are taken to the circuit court and
may go from there to the Supreme Court of the State.
Cities are divided into six classes in Kentucky:
First class having a population of 100,000 or over.
Second class, 20,000 to 100,000.
Third class, 8,000 to 20,000.
Fourth class, 3,000 to 8,000.
Fifth class, 1,000 to 3,000.
Sixth class, below 1,000.