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.

LOCAL GOVERNMENTS.

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.

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:—

2. Providing Necessities and Conveniences:—

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:—

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

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 a copy of the county board's report and ascertain what important business has been transacted.

7. What buildings has the county at the county seat? Does it own property elsewhere?

8. What process is followed in laying out a new town? in the incorporation of a village?

REFERENCES.

1. The functions of government. Hoxie, How the People Rule, 11-16. Reinsch, Young Citizen's Reader, 31-46. Dole, Young Citizen, 73-92.

2. Towns and villages. Reinsch, 145-152. Hoxie, 42-63. Hill, Lessons for Junior Citizens, 142-168.

3. County government. Reinsch, 163-166. Hoxie, 90-103.

THE ORIGIN OF LOCAL GOVERNMENTS.

The Source of Our Local Governments.—If we look further into the systems of local government which have been described, we shall find facts in the history of their origins which explain many of their details. We shall now see how local government grew in the colonies, for here we have the beginnings of the systems that are in operation to-day.

Everywhere in the colonies the English settlers brought to their new homes the ancient customs of the mother-country. Differences in physical geography, and in the character and motives of the colonists, caused differences in the resulting local governments. This fact is best illustrated by an account of what took place in New England and in Virginia.

The Method of Settlement in New England.—These colonies were settled by emigrants who came, in the main, from the same classes of Englishmen. The New Englanders, however, were Puritans. The church and its services were a very important part of their daily lives. The requirement of church attendance was one reason for grouping their homes near the meeting-house. Moreover, the region in which they settled had a stony soil, difficult to cultivate. Their farms required careful cultivation, and therefore could not be very large. The New Englander was content to live near the coast. Means of traveling to the interior were not easy, for the rivers, with few exceptions, were short and rapid. The sea fisheries tempted the settlers to remain near the coast, and fishing, with ship-building and commerce, became their important industries.

Town Meetings and Officers.—For these reasons New England was a region of small farms and towns, and the local government which grew up was adapted to these conditions. The voters of each town (or township) met annually, or oftener, in "town meeting." Here their common local affairs were discussed and regulated. The church, the schools, roads, the poor, and many other matters were under the complete control of this meeting, and of the officers elected by the assembled voters. These officers were the selectmen,—which was a board having general supervision of the town affairs,—the clerk, treasurer, assessors, fence viewers, constables, and numerous others.

The County in New England.—Because the people lived in towns and could most easily regulate their affairs through the machinery of town government, they had no counties whatever at first; but these were soon established, though merely for judicial purposes. The governor appointed justices who held court in each county.

The leading features of New England local government, then, were (1) its democratic character, seen particularly in the town meeting; and (2) the fact that nearly all local affairs were managed by the town government, leaving but one important function, and that judicial in its nature, for the county.

The Settlement of Virginia.—In the colony of Virginia we find conditions that bring about entirely different results in the organization and workings of local government. Here the settlers were not bound by religious or other ties into compact social bodies as the Puritans were. Natural conditions in Virginia made it better for the settlers to live apart, so that nearly all their attempts to form cities and towns failed. The cultivation of tobacco, of course, explains this to a large extent. The fertile soil and the ease of raising this product led to the formation of large plantations. The broad rivers made progress into the interior remarkably easy; and there seemed little necessity for towns as shipping ports, because ocean vessels could stop at the private wharves of the various plantations. The rich planters were most prominent in the social and political life of the colony, and local government fell under their control.

The Importance of the County.—Now, of the various local organizations to which the Virginians had been accustomed in England, the one best suited to their condition in the colony was the county. So they copied the English county and made it their chief organ of local government. The principal governing body was the county court, composed of justices appointed at first by the governor of the colony. The court had both legislative and judicial functions. It managed such matters as roads, licenses, and taxation; it also tried civil and criminal cases. Other county officers were the sheriff and the lieutenant, the latter being commander of the militia.

The Parish and the Vestry.—That part of the Virginia local government which corresponded to the New England town was the parish; but it is apparent that few functions remained to be exercised in this, their smallest political organization. The counties were generally composed of several parishes. The governing body of each was the vestry; it had charge of church affairs and of poor relief. The members of the vestry and also the justices of the county court were not elected by the people, as the town officers were in New England. On the contrary, both the vestry and the county court filled vacancies in their own number, without popular election.

This fact serves to illustrate the general truth that local government was democratic in New England and aristocratic in Virginia; in the former colony the mass of voters took part most actively in local government, while in the latter a few men constituted the ruling class. This does not mean that local affairs in Virginia were badly managed, for the leading men were on the whole intelligent and public-spirited; and in the years of the Revolution they were among the foremost in the defense of American liberties. In New England, however, it was noticeable that the mass of voters were intelligent and understood the practical management of political affairs—a result which doubtless came largely from their training in the town meeting.

The Three Types of Local Organization.—We have now seen that in New England the town had the most important functions of local government, and this is called, therefore, the town type; while in Virginia the county had the greater share of governing powers, and there we find the county type. Virginia influenced the colonies that lay south of her, so that the county type was found also in the Carolinas and Georgia. In the middle colonies there existed both counties and towns, and here there was a much more equal division of powers between these organizations. Hence we call theirs the mixed or township-county type of local government.

Local Government in the West.—The people who migrated to the new States west of the Alleghenies carried with them the forms of local government which have just been described as growing up in the colonies. This statement needs some modification, for nowhere in the West was the pure town type adopted. Everywhere in the North we find the mixed type, while the Southern States have, in general, the county type. In the latter the county commissioners, elected at large or from precincts, together with other county officers, exercise most of the local powers of government.

Two Forms in the North.—In the greater number of the States that have the mixed type, the county is governed by a board of commissioners elected by either of the methods just mentioned as prevailing in the South. In a few States (such as Michigan, Illinois, and Wisconsin), the county board is composed of supervisors, who represent the towns, villages, and wards of the county. Here we find the town meeting, copied after that of New England or New York, and the town government has more functions than in those States where commissioners compose the town board.

Local Self-Government.—Such is the way in which local government has come about in the various States of the Union. Rooted in the systems that Englishmen have developed through the centuries, adapted to the new life and the peculiar conditions of the colonial period, it has spread with the population throughout the land. The management of local affairs by the people and their chosen representatives is a sound principle of government which holds a firm place in every part of our country.

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. Which type of local government exists in your State? Can you account for its origin?

2. Is the system of local government uniform throughout your State? If so, why is this true? If not, can you account for the lack of uniformity?