Our Government: Local, State, and National: Idaho Edition

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Title: Our Government: Local, State, and National: Idaho Edition

Author: J.A. James

Release Date: July 20, 2004 [EBook #12968]

Language: English

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OUR GOVERNMENT

LOCAL, STATE, AND NATIONAL

BY

J.A. James, Ph.D.

Professor of History in Northwestern University

And

A.H. Sanford, M.A.

Professor of History, State Normal School, La Crosse, Wisconsin

1903, 1913

Charles Scribner's Sons

PREFACE

The subject matter herewith presented partially represents the plan pursued by the authors as teachers of civil government for a number of years in high school, academy, and normal school. It has been found that a study of the methods by which the affairs of government are conducted gives constant interest to the work, and, consequently, the practical side of government has been emphasized. But while our desire has been to bring the actual working of the institutions under which the student lives into prominence, we have also attempted to give such accounts of the origin and early development of forms of government as will assist in explaining their process of growth. The plan of discussion is similar to that followed in Government in State and Nation. The general favor with which that text has been received leads to the belief that it fully meets the requirement of the Committee of Five for such schools as present civil government in the third or fourth year of the course. In many cases, however, the subject is taught earlier in the course, and the present work has been prepared in answer to the requests of teachers for a text suitable to this class of students.

The arrangement is such that either Local (Part I), National (Part II), or State Government (Part III) may be studied first. In the work on local and State government it is not expected that the student will learn all of the different practices found in the various States, but that he will compare them with those of his own State.

While some of the discussions and many of the suggestive questions are intended to make students realize more completely their duties as citizens, many more having a local bearing will occur to teachers. It is scarcely to be hoped that all of the books and magazines mentioned will be found in any high school library, but the need for supplementary reading is being met through the rapid increase of public libraries. A working-library on the subject of civics may be accumulated in a short time if only a few of the books given in Appendix D are procured each year. No attempt has been made to give references to all of the material which has appeared within the past few years.

The ability of the reader and the time to be devoted to the subject have been kept constantly in mind. There may be more supplementary questions and references than can be used by any one class. Should it happen, on the other hand, that more work of this character is desired, the need may be met by reference to similar questions in Government in State and Nation.

In preparing this new edition, we take the opportunity of acknowledging the assistance given by many teachers of civics, strangers to us, who are using Government in State and Nation, and others who are using Our Government, for their helpful suggestions.

EVANSTON, ILLINOIS, July 1, 1913.

CONTENTS

PREFACE

CONTENTS

PART I.

CHAPTER I.         THE WORK OF LOCAL GOVERNMENT

CHAPTER II.       COUNTY GOVERNMENT

CHAPTER III.      THE ORIGIN OF LOCAL GOVERNMENTS

CHAPTER IV.      THE GOVERNMENT OF CITIES

PART II.

CHAPTER V.        EVENTS LEADING TO THE FORMATION OF THE UNION

CHAPTER VI.      THE CONSTITUTIONAL CONVENTION

CHAPTER VII.    ORGANIZATION OF THE LEGISLATIVE DEPARTMENT

CHAPTER VIII.   POWERS AND DUTIES OF THE SEPARATE HOUSES

CHAPTER IX.      HOW LAWS ARE MADE BY CONGRESS

CHAPTER X.        SOME IMPORTANT POWERS OF CONGRESS

CHAPTER XI.      OTHER GENERAL POWERS OF CONGRESS

CHAPTER XII.     POWERS DENIED THE UNITED STATES AND THE SEVERAL STATES

CHAPTER XIII.   THE EXECUTIVE DEPARTMENT

CHAPTER XIV.   POWERS AND DUTIES OF THE PRESIDENT

CHAPTER XV.    THE CABINET

CHAPTER XVI.   THE NATIONAL JUDICIARY

CHAPTER XVII.  TERRITORIES AND PUBLIC LANDS

CHAPTER XVIII. AMENDMENTS TO THE CONSTITUTION

CHAPTER XIX.    THE GOVERNMENTS OF THE WORLD

APPENDIX A.       CONSTITUTION OF THE UNITED STATES

APPENDIX B.       THE ARTICLES OF CONFEDERATION

APPENDIX C.       REFERENCE BOOKS

INDEX

PART I.

LOCAL GOVERNMENTS.

CHAPTER I.

THE WORK OF LOCAL GOVERNMENT.

The Preservation of Order.—The first and most important work of any government is the preservation of order. We think of this function most frequently as exercised in the arrest of offenders who violate the law. In fact, most young persons receive their earliest ideas of government by seeing the policeman, or constable, who stands for the authority of the government. But he is not the only officer who is concerned in preserving order. The police officer who makes an arrest cannot punish his prisoner, but must merely hold him until it is decided that he deserves punishment. This is the work of a court, with its justice, or judge, and the jury. If the prisoner is declared guilty, then the police officer executes the orders of the court by collecting a fine or by imprisoning him. We have here illustrated two divisions of governmental authority: (1) the judicial, which decides whether the law applies in particular cases; and (2) the executive, which carries out the requirements of the law and the orders of the court.

Law-Making.—The executive and the judicial officers are both subject to higher authority: the one applies and the other executes the law. The framing of the law is the third function of government. This work is called legislation, and is carried on by such bodies as the town board, the village board, and the city council. But these law-making bodies do not have independent authority; they are bound more or less strictly by the opinions of those who elected them to office; i.e., the body of voters.

The Three Divisions of Government.—We say, then, that in our country government is based finally upon the will of the people. For the expression of their will they choose numerous officers, who may be grouped under three heads, corresponding to the general divisions of government: legislative, executive, and judicial.

Just as it would be impossible for all the voters to take part in applying or interpreting the law, so it is in most cases impossible for them to assemble in a body and make the laws. They generally delegate this work to legislators; but in some States the voters of a town (or township) assemble yearly in town meeting, where all may take part in discussion and in voting.

Roads and Streets.—The preservation of order is but one of the functions of government. In towns where the population is scattered, roads must be built, and it is still more necessary that in villages and cities, where many people live within a small area, streets should be graded and paved and sidewalks maintained. This is an illustration of the way in which, through the machinery of government, people provide themselves with many conveniences that it would be impossible for each citizen to provide for himself. The legislative bodies already mentioned determine the extent to which these things shall be done: the town board orders the laying out of a new road; the village board or the city council passes ordinances saying what streets shall be paved and what materials shall be used in the work.

Executive Officers, General and Special.—The actual execution of the work involved in public improvements is generally in charge of a special officer, such as the road or street commissioner. But since there are many other matters of public concern that require attention, each under the control of an executive officer, it is necessary that a general officer should be in authority over all of these as the chief executive of the local government. This officer is known by various titles, as, in the town, the chairman, in the village, the president, and in the city, the mayor. In any case, he has all or most of the important executive work of government under his control. It is his duty to see that the laws are obeyed, so the police officers are subject to his orders. The chief executive is guardian of the people's interests; for he must see that the minor officers do not injure the public welfare by neglect of duty, and he must defend the public from all persons who would encroach upon its rights.

Let us now consider some of the other ordinary functions of local government.

The Poor.—Poor relief may be mentioned first. How much aid shall be granted to paupers, and how shall it be distributed, are questions that everywhere require attention.

Public Health.—Public health is also an important subject upon which local laws must been enacted. In cities, particularly, the council passes strict regulations for preventing diseases and for checking the spread of such as are contagious. City ordinances are also enacted regulating the construction of sewers and drains. The health commissioner and the city physicians are the particular officers who direct the execution of laws upon these subjects.

Education.—Public education is among the most important of the local government's functions. The free schools which exist everywhere in our country are supported and controlled chiefly by the towns, villages, and cities. In many States, however, there are other divisions, called school districts, which have boards and officers for this purpose.

Other Necessary Functions.—Protection from fire is so important in communities where population is dense that special officers and apparatus must be provided. So, too, streets must be lighted, and a pure water-supply provided.

Parks, Museums, and Libraries.—Besides the functions of government that are readily seen to be necessary, there are others which may not at first appear to be so. We have cities providing parks, with beautiful lawns and flower-gardens; museums, where articles of historical and scientific interest are kept; aquariums and zoological gardens; libraries, with books, magazines, and papers for the free use of all citizens. If one looks closely, he will see a reason in each case why the government undertakes these various enterprises.

Why Taxes Are Levied.—We have now to consider a power of government, without which none of the others so far named could be exercised. This is the taxing power. In every case money must be used by local governments in exercising their functions. Officers, who are agents of the people, depend largely upon taxes for their salaries. Taxes are levied by the legislative bodies that we have found in towns, villages, and cities. Other officers, assessors and treasurers, determine the amount to be paid by each citizen and collect the taxes. The treasurer also has charge of public money, and pays it out when ordered to do so by the proper authorities.

All of the operations of government are matters of record. While each officer is expected to keep strict account of the operations of his own department, the general records of towns, villages, and cities are kept by the clerks.

This general view of local governments may now be summarized in two forms:—

I. THE FUNCTIONS OF LOCAL GOVERNMENT.

1. Protection:—

The preservation of order.

Protection against fire.

Protection of public health.

2. Providing Necessities and Conveniences:—

Roads—Streets—Sidewalks.

Water—Lights—Sewers.

Poor relief—Education.

Parks—Libraries—Museums.

II. OFFICERS OF LOCAL GOVERNMENT.[1]

SUPPLEMENTARY QUESTIONS.

Make a study of your local (town, village, or city) government.

1. Group the officers as legislative, executive, and judicial, respectively.

2. How many different methods are used in paying these officers?

3. Do all the voters ever assemble to make laws? If not, how is the will of the majority expressed?

4. What are some of the local regulations regarding the poor?[2] public health? protection from fire?

5. Who pays for the education that young people receive in the public schools?

6. How much has your local government done toward furnishing things that are not merely conveniences? How do you justify expenditures for these purposes?

7. Does the management of local government excite as much interest among the citizens as it should?

8. In what ways are students directly interested in having efficient local governments?

CHAPTER II.

COUNTY GOVERNMENT.

Why There Are Counties.—If the local organizations discussed in Chapter I could attend to all the interests that citizens have in common, then government would be a much simpler matter than it is. But just as almost every citizen has business and social relations outside of the neighborhood in which he lives, so different communities must have political relations with each other if they are to live in harmony. (For this and other reasons, which we shall learn presently, county governments are established. Their organization and functions correspond quite closely to those of the towns, villages, and smaller cities.)

Important County Officers.—The local governments cannot undertake alone the preservation of order or the protection of citizens against criminals. We have, consequently, an important officer, the sheriff, who with his deputies has power to make arrests. There is also the judicial side of county governments, seen in the court, with its judge. In this court another county officer, called the district or State's attorney, prosecutes persons who are accused of crime; i.e., he finds evidence of the prisoner's guilt and causes this evidence to be given by witnesses at the trial.

Functions of County Government.—Public highways are also matters of more than local interest. When an expensive bridge is to be built, or an important road in which several communities are interested is to be constructed, the county government can best raise the money and manage the work. So, too, in caring for the poor, the county may aid the local governments, or it may take entire charge of the paupers, and maintain a poorhouse.

The County Board.—It is evident that there must be a legislative body which shall determine the policy of the county in these matters. This is the county board, or as it is called in some States, the county court. In most States this body is composed of commissioners. These are elected by either of two methods: (1) at large, when every voter may vote for the entire number of commissioners; (2) they may be elected from districts into which the county has been divided. In some States the members of the county board are called supervisors, and they represent the towns, villages, and wards of cities. Under this system the county board is generally larger than under the commissioner system. There is another difference between the two systems: in the States that have county commissioners, the county government has a larger number of functions than in the other States. That is, the county government has almost entire control of such matters as roads and poor relief, leaving the local governments with little authority in these directions. On the other hand, where the supervisor system exists, the towns and villages have chief authority in legislating upon these matters, and the county assists or takes only such part as it finds necessary for the general good.

Power of the Board.—The county board holds annual meetings and makes laws for the county as a whole. It has charge of the county property, including the court-house, jail, and poorhouse. Since it must provide for the expense of maintaining these buildings, for the salaries of county officers, and for other expenses connected with roads, poor, and other county business, the board must also have the power of levying taxes.

Superintendent of Schools.—Education is another function of government which is not managed solely by the local units. There is a county officer, called the superintendent of schools, who has supervisory powers, and he usually examines teachers and certifies to their qualifications.

Register of Deeds.—The register of deeds, or recorder, is a county officer who keeps records of certain kinds. Among other things, copies of deeds are registered or kept in his office. A person wishing to buy real estate (i.e., houses or lands) may, by consulting the records in this office, learn whether the owner has a clear title to the property.

Coroner.—The coroner has the duty of holding inquests when persons meet death by violence or in some unexplained way. He may also perform the duties of the sheriff when the latter cannot perform them.

Surveyor.—The county surveyor makes surveys at the request of public authorities, as well as for individuals. He keeps the official records of the boundaries of farms and lots.

Clerk and Treasurer.—Of course the county must have its clerk and treasurer, the officers whose duties are to keep the records and to handle county moneys.

We may now pass in review the principal features of county government:—

I. LEGISLATIVE.

1. County Boards:—

Commissioner type

Supervisor type

2. Functions:—

County buildings

Poor—Education

Roads and bridges

Taxation

II. EXECUTIVE AND ADMINISTRATIVE OFFICERS.

Sheriff and Deputies

Clerk

Treasurer

Register of Deeds, or Recorder

Attorney

Superintendent of Schools

Coroner

Surveyor

(In some States, Assessors and Collectors of Taxes, and Auditors.)

III. JUDICIARY.

County Court

District Court

Relations of Local Officers to State Law.—There are other reasons than those already given why States are divided into counties. One is because, in the performance of their duties, the county officers act as agents for the State; that is, they carry out the State law in their own localities. For instance, criminals are brought to trial and punished under State law, but it is administered by local or county officials. So the surveyor, superintendent of schools, register of deeds, and other officers act under State laws. While it seems best to have one general law for the State upon important subjects, it is also the policy of our government to intrust the execution of the law, in most cases, to local rather than to State officials. These officers, being elected by the people of the various localities, feel their responsibility more keenly than if they obtained office by appointment from State authorities.

What has been said concerning the relation of the county to the State government is true to a considerable extent concerning the town, village, and city governments. Here, too, elections are held, taxes are collected, and trials are conducted by local officers in accordance with State law. Indeed, it is true that these local divisions owe their existence to State law. Towns are laid out, villages and cities are incorporated, in accordance with the provisions of laws enacted by State legislatures. The State is the source of all the authority exercised by the officers and governing bodies of these local governments.

SUPPLEMENTARY QUESTIONS.

Make a study of your county government.

1. Outline the officers in groups, as on p. 6.

2. Learn the important duties of each officer.

3. Are officers paid by fees or by salaries? Which is the better method?

4. What is the length of the term for which each county officer holds his position?

5. How many members constitute the county board? Are they commissioners or supervisors? When do the meetings of the board occur?

6. Obtain