OUTLINES OF CIVIL GOVERNMENT WITH SUGGESTIONS FOR CIVIC TRAINING BY ORIGINAL WORK BY ELEANOR J. CLARK BOSTON, U. S. A. THE PALMER COMPANY 120 BOYLSTON STREET 1910 Copyright, 1910, by THE PALMER COMPANY. . r CONTENTS PART I. LOCAL GOVERNMENT The Township System in New England: The New Eng- land Tow r n ......... I The Township System in New England continued : The New England County ....... II The County System of the South Ill The Mixed System of Middle Atlantic and Western States IV The City V PART II. STATE AND TERRITORIAL GOVERNMENT The State : Constitution ; Powers of State ... VI The State: Legislative Department . .... VII The State : Executive Department VII The State : Judicial Department . . . . VIII Territorial Government IX PART III. FEDERAL GOVERNMENT Constitution of United States ; Powers of United States X Legislative Department : Congress; House of Represent- atives . . . . . . . . . . XI Legislative Department: Senate XII Legislative Department: The Two Houses ; Law Making XIII Executive Department : Vested; Cabinet; President . XIV Executive Department: Department of State, of the Treasury . XV Executive Department : Department of War, Navy, Jus- tice, Post Office, Interior, Agriculture, Commerce and Labor XVI Judicial Department . . . . . . . . XVII PART IV. THE CONSTITUTION OF THE UNITED STATES 270334 INTRODUCTION PLAN 1. SIMPLE ACCOUNT, CONVENIENT SUMMARY. The writer of this elementary book in Civil Govern- ment has aimed to produce a simple but full account, with a complete summary of each subject in the recitation outlines. 2. PERSONAL STUDY OF LOCAL GOVERNMENTS, ORIGINAL WORK. The Outlines will be of little value without the personal investigation of pupils and teacher together of those forms of local government with which we are in daily contact. Let the pupils learn the actual workings of the school district, road district, township, incorporated town, borough or city, and county government under which they live. The officers themselves may be questioned, parents will settle difficult points sure to come up. A state manual issued by the legislature, a state register, local histories, a city manual, town records, town reports, are excellent aids. After the questions suggested by outlines for pupils' notebook and others that have arisen are thoroughly talked over in the class, require each pupil by use of the outline in the book, or a better one which has been worked out, to write a concise, accurate account of the subject. Hold a town meeting, visit a court, do whatever seems wise to interest the pupils in the study of local conditions, and to make them good citizens. vi 3. STUDY OF CENTRAL GOVERNMENTS. The study of the familiar forms of local government will lead to an interest in the more remote State and Federal Governments. Require oral reports or written sketches of the important historical events influencing our political institutions suggested in the outlines for the notebooks, or selected by the teacher. Make a school scrapbook of clippings from papers, containing incidents which illus- trate the workings of the departments of State and Federal Government. Divide the book into chapters correspond- ing to the plan of the Outlines or any convenient arrange- ment. Let the pupil read his article, or a written sum- mary of it when the article is long, and the class decide what it illustrates and under what chapter it should be placed. 4. FULL STUDY OF THE FEDERAL CONSTITUTION OPTIONAL. Topics relating to the Constitution are left optional (marked optional in the recitation outlines). They may be entirely omitted unless a thorough study of the Constitution is desired; in that case the topics give a care- ful summary. Numbers in parenthesis, as (7), refer to that portion of the Constitution in Part IV. Explanatory notes are given with the Constitution. 5. HISTORICAL AND THEORETICAL READINGS. The historical development of our political institutions, the theories of wise men as to what they should be, are omitted in the Outlines, not because of the lack of impor- tance of either, but because the pupil is so apt to confuse vii what was and what should be with what is that no clear picture of the actual is left. By placing the historical and theoretical matter as supplementary reading the diffi- culty will perhaps be lessened. Readings are suggested from Bryce's " American Com- monwealth," Wilson's "The State," Johns Hopkins University Studies, Nordhoff's "Politics for Young Americans," White's "Money and Banking," and espe- cially Ashley's "The State," Hart's "Actual Govern- ment" and Willard's "City Government for Young Peo- ple." Material for the topics under Federal Government may be gleaned from most school histories. If the three difficulties with which the writer has met in teaching Civil Government accounts in technical language natural to the learned author but far above the heads of pupils, lack of convenient topical summary for the teacher, general admixture of historical, theoretical and actual, resulting in an indistinct picture in the student's mind of what is are lessened; if the personal investigation suggested should relieve the "dryness" of Civil Government, this work of a fellow-teacher will not be wasted. PART I LOCAL GOVERNMENT RECITATION OUTLINE CHAPTER I LOCAL GOVERNMENT FORMS OF GOVERNMENT. How local government is administered: I. By township in New England. II. By county in South. III. By township and county in the Middle Atlantic and Western States. 1. TOWNSHIP SYSTEM IN NEW ENGLAND. 1. Origin of township system in New England. 2. Present relation of township to county and state. 3. Township defined. 4. Election. (1) Time. (2) Caucus. (3) Registration of voters. (4) Warrant. (5) Town meeting. (a) How opened. (b) Moderator. (c) Debate. (d) Measures. (e) Voting. (f) Canvassing the vote. (g) Plurality or majority vote. OTTLTXES, OF CIVIL GOVERNMENT 5. Town officers. (1) Selectmen. (2) Town Clerk. (3) Treasurer. (4) Auditor. (5) Highway Surveyor or Road Commis- sioners. (6) Assessors of taxes. See ic Taxation." (7) Collector of taxes. See ''Taxation." Taxation: By U. S. Government. Kinds, (a) Indirect. By local governments, (b) Direct. Personal. f Personal. Property \ I Real estate. Exemptions. Object. How assessed. Assessors. Collectors. (8) Overseer of Poor. (See Poor and Un- fortunate.) Poor and Unfortunate. (a) Duty of Overseer. (b) Partial support. (c) Entire support. (d) Insane. (e) Reform schools. (f) Soldiers, sailors. OUTLINES OF CIVIL GOVERNMENT 3 (9) School committee (supervisors, board of education, under Schools). Schools. 1. District system. 2. Town system. 3. Course of study. 4. Support. FORMS OF GOVERNMENT. We live under three forms of government at least, usually under four, township or city, county, state, and Federal Government.* We so seldom come in contact with state and Federal Government it is better to begin with the study of local governments township or city and county which deal with matters concerning our every- day life. How LOCAL GOVERNMENT is ADMINISTERED. Local government in the United States is administered in three ways: first, by the township as in the New Eng- land States, where the county is of less importance; second, by the county, as in Alabama and other Southern states, where the township as a unit of government is .almost unknown; third, by township and county together, as in the Middle Atlantic group and the Western States. * In some parts of the South and West there are no townships. CHAPTER I THE TOWNSHIP IN NEW ENGLAND 1. ORIGIN OF THE TOWNSHIP* SYSTEM iN fc NEW ENG- LAND. The first settlers of New England made their homes close together because they dared not separate for fear of hostile Indians; they wished to be near their church for which they braved the wilderness, and the land was un- suited to cultivation in large estates as in the South. In time the towns united for common defence or convenience, delegating a part of their powers to those wider govern- ments of county and state which they, formed, but never losing prominence in the control of local affairs. 2. PRESENT RELATION OF TOWNSHIP TO COUNTY AND STATE. The township is a part of county as well as state, and shares in maintaining both by a tax assessed by each government but collected by the township. It is under little control of the county, but is wholly subordinate to the state. The township (also county) has no sovereignty, or right of rule in itself; the state grants it, as state agent, power of local self-government. 3. TOWNSHIP DEFINED. In defining township we must take into account the land, the people and the township in its corporate capacity. * Words township and towa are used interchangeably in New England, meaning th entire area; elsewhere town is applied to the thickly settled portion of the township or area. OUTLINES OF CIVIL GOVERNMENT 5 The townships of New England vary in shape and size according to grants of land made the first settlers. The township includes not only the land but its people who have the right of governing themselves, although every one at will*may not direct affairs. Since a township may own and control property, make contracts, sue and be sued at law all of which are privileges belonging to a corpo- ration * it may be regarded in a corporate capacity whether actually incorporated or not. As a public cor- poration it must. elect its responsible agents to carry on its business, just as a private corporation, a railway, for example, employs a general superintendent to oversee the work. 4. ELECTIONS. (1) Time. To elect these town officers and to transact town business there is an annual town meeting, the time of year varying in different states; special sessions are called when necessary. (2) Caucus or Primary. The political parties of the town hold preliminary meetings at which they nominate candidates for town officers. (3) Registration of voters. The qualified voter must be sure that his name is upon the list of voters (check list) prepared by cer- tain officers and posted in some public place. * Define corporation. The sq&allest unit of local government is the school district. When a number of people settle in a portion of the township they may form an incorporated village, fire dis- trict or borough before becoming a city. They have their own government apart from the township. OUTLINES OF CIVIL GOVERNMENT (4) Warrant. At least ten days before the meeting a warrant stating the matters to be voted upon, the time and place of the meeting, is issued by the selectmen, in such a way that it is brought to the notice of the people. It may be posted where the people will see it or printed in the local paper. (5) Town meeting. (a) How opened. (b) Moderator. The town clerk calls the meeting to order, reads the warrant and presides until a moderator is chosen to take his place as presiding officer. (c) Debate. There is freedom to talk over the proposed measures for the coming year and to criti- cise the reports (town reports) submitted by last year's officers. (d) Measures. These reports are accepted; town officers are elected; the amount of taxes to be raised for schools, highways, the poor and other town expenses is decided, by-laws* or ordinances relating to town government are passed. * By from Saxon word meaning town ; then by-laws are town laws. OUTLINES OF CIVIL GOVERNMENT 7 (e) Voting. Each party at its caucas has prepared its ticket or list of candidates, or there may have been a fusion ticket of candidates from the different parties. The voter makes his choice by marking these ballots. By the Australian system, or its modifications in use in New England, the voter has a right to secrecy in voting. As each man deposits his ballot his name is marked (or checked) upon the check list by officers in charge. (f) Canvassing (counting) the votes. The number of votes counted at the close of the day should correspond with the number of names marked upon the check list. Cer- tain officers prepare a list of names of can- didates with the number of votes each has received. If it is a county and state elec- tion, also, lists are sent to county and state officials. (g) Plurality or majority. Most candidates are elected by a plurality vote: that is, if Cook has 650 votes, Shaw 600 and Smith 500, Cook is elected by a plurality of fifty votes. If a majority vote were necessary no one would have been elected for 650 is not a majority one over half of the total number of votes cast. /650+600+500 Q , . \ ( * =870+1=876, majority. ) \ J 8 OUTLINES OF CIVIL GOVERNMENT 5. TOWN OFFICERS. (1) Selectmen. The selectmen (select men) three, five, seven or nine in number call town meetings, take charge of town property, make purchases or sales authorized by the town, represent the town in any suit at law, grant licenses, lay out roads, provide for sanitary measures, sometimes act as overseers of the town poor, or assessors of taxes, in short care for local interests. (2) Town clerk. The town clerk keeps a record of the proceedings of town meeting, administers the oath of office to town officers, registers births, deaths and marriages, issues marriage certificates and burial permits, draws the list of jurors * and makes necessary returns (reports) to county and state officials. (3) Treasurer. (4) Auditor^ The treasurer receives and pays out all town money by order of other town officers. His accounts must correspond with theirs at the close of the year when they are audited (examined and verified) by an auditor or the selectmen in that capacity. (5) Highway surveyor. Highway surveyor, or road commissioner, takes care of roads. Some towns are subdivided into districts with a surveyor for each district, but this leads to so much waste through ill-directed labor that the public generally prefers one or more respon- * Sometimes the selectmen do this. OUTLINES OF CIVIL GOVERNMENT 9 sible commissioners in charge of all the roads of a town. In farming communities people are often permitted to work out a part or the whole of their road tax instead of paying the money. (6) Assessors of Taxes. (See Taxation.) (7) Collector of Taxes. (See Taxation.) TAXATION. Taxation is of two kinds: (a) indirect and (b) direct. (a) Indirect taxation. * An indirect tax is a sum of money demanded by the government upon goods brought into the country, or upon the manufacture of certain goods, or upon certain occupations or possessions. By the Federal Government. The Federal Government collects (1) customs, or taxes on imported goods ; (2) internal revenue, or taxes on certain luxuries produced in the country, as cigars, liquors; a tax on cor- porations. By local governments. Local governments collect such indirect taxes (1) as licenses - for keeping dogs, peddling, hotel keep- ing, selling tobacco or liquor? ; (2) fines imposed for violation of certain laws, often those restricting the sale of liquors. (b) Direct taxation. Direct taxes may be divided into two classes: (1) personal and (2) property tax. 10 OUTLINES OF CIVIL GOVERNMENT (1) Poll tax. The personal tax, or poll tax, is that paid by the male citizen twenty- one years of age. In some states its payment is a necessary qualifi- cation for voting. (2) Property tax. The property tax is: first, that laid / upon real estate (houses and lands) collected in the town in which it lies whether the owner lives there or not ; second, that on every other sort of property (not exempted), as money, stocks, bonds, furniture, books, tools, machinery, animals, almost anything that may be moved about. This tax is collected in the town in which a man has his legal residence i. e., the place where he votes though some forms of his personal property as bonds or stock may be elsewhere. EXEMPTIONS. That taxation may not bear too heavily on working people^ mechanics' tools and farming implements are not taxed. United States bonds are not taxed. Public prop- erty, churches, charitable institutions, often college build- ings, private school property, new industries which are of benefit to the town, are partially or wholly free from taxation. OUTLINES OF CIVIL GOVERNMENT 11 OBJECT. Taxes collected by the town are: first, a considerable sum for town expenses, then much smaller sums, demanded as the town's share for the support of county and state governments. How ASSESSED. In the New England States the people are asked to make a report to the selectmen of the value of their taxa- ble property, usually by answering a printed list of ques- tions. There is no temptation for the owner to cheat about his real estate since the assessors know its value, but he may report a much lower estimate of some forms of his personal property stock, bonds, money if he choose, since he alone knows the true amount. Assessors sometimes the selectmen in that capacity decide upon the value of each citizen's property by means of these reports and by personal inspection. The appraisal is made as fairly to each tax payer as possible, usually at what the property would bring at a forced sale; not too high lest the town pay more than its share of county and state taxes.* The amount to be raised determines the rate; three per cent would be an excessive rate. COLLECTOR. A collector gathers the taxes thus assessed within a certain time, in some places discount being allowed for prompt payment. Property on which the tax is not paid may be sold at a tax sale the owner receives the money it brings less the tax and costs. The collector is under heavy bonds, a safeguard of his honesty. * See County Commissioners as equalizing board, also Comp- troller of State. Part I, p. 17. 12 OUTLINES OF CIVIL GOVERNMENT (8) Overseer of Poor. (See Poor and Unfortunate.) POOR AND UNFORTUNATE. (a) Overseer of Poor looks after the needy of the town, finds out if they have a right to town support or if the county may be called upon to help or to relieve them entirely. (b) Partial or (c) entire support. Aid may be given in the homes of the deserv- ing poor; or their support wholly provided for at the town or county farm when towns unite to maintain a county farm instead of separate town farms or their board may be paid in some family. (d) Insane. The hopelessly insane are cared for at town or county farms or at a state asylum. (e) Reform schools. Reform schools, maintained by the state as a place of detention for vicious or criminal youths, aim to teach and reform, these young people. (f) Soldiers, sailors. The Federal Government provides homes and hospitals for disabled soldiers and sailors; also an asylum for insane soldiers, at Washington. (9) School committee or board of education. SCHOOLS. In New England there are two systems of school admin- istration, the older district system, which has almost entirely given place to the more modern town system. OUTLINES OF CIVIL GOVERNMENT 13 1. DISTRICT SYSTEM. Under the district system the town is subdivided into school districts, each of which votes its taxes for school support, elects its committee who hires the teacher and attends to the material needs of the school. Usually a town superintendent supervises the work of each school. 2. TOWN SYSTEM. The voters of the township at a special school meeting, or at the town meeting, elect three (or some multiple of three) members of a board of education * who have the care of school property and the direction of schools throughout town. There may be schools in the various districts of town or a central school, to and from which pupils from the remote parts are carried free of charge. Often a superintendent is appointed by the board of edu- cation to do a part of their work, as hiring teachers, test- ing their qualifications, aiding them in discipline, visiting schools, providing uniform course of study, deciding upon text-books, and ordering supplies when the town is obliged to furnish free text-books. Small towns often unite to employ a superintendent. 3. COURSE OF STUDY. The town provides a grammar school course for its pupils. In most of the New England States if a town does not maintain a high school it must pay the tuition of pupils who wish to attend a high school elsewhere. * Called by different names, as directors, trustees, committee, etc. 14 OUTLINES OF CIVIL GOVERNMENT 4. SUPPORT. Besides the tax raised by the town for the support of schools the state contributes from a fund set apart for that purpose, perhaps from rental or sale of public lands, or from certain licenses or fines. (10) Justice of Peace. Justice of Peace usually receives his appointment from the governor. He tries minor, civil and criminal cases, and, what is more important, he examines those accused of serious crimes and orders their detention until they can be tried before a higher court. (See State Judiciary.) (11) Constables. Constables are those officers who carry out sentence pronounced by the justice of peace in his court, make arrests for disturbances of public order or violations of town ordinances. OUTLINES OF CIVIL GOVERNMENT 15 RECITATION OUTLINE CHAPTER II The Township System of Neiv Rngland continued THE NEW ENGLAND COUNTY 1. Described. 2. Shire town. 3. Election of Officers. 4. Commissioners: (1) As an equalizing board. (2) The state equalizing board. 5. Treasurer. 6. Auditor. 7. Coroner. 8. Overseer of Poor. 9. County Superintendent of Schools. 10. Judges of Courts. (Court Officers.) 11. Sheriff. 12. District Attorney. 13. County Clerk or Clerk of Court, or (1) Register of Deeds. (2) Register of Probate. CHAPTER II The Toivnship System of New Rn gland continued THE NEW ENGLAND COUNTY 1. DESCRIBED. The New England county is an area embracing few or many townships without regard to its geographical out- line. As the early towns grew they found it best to unite into a district for the administration of justice, for the support of the poor, for the maintenance of roads and bridges between towns; its chief importance in New England, however, is as a judicial district. 2. SHIRE TOWN. The shire town of the county is that in which the county court holds its sessions. Here are located the courthouse, jail, and often the county farm. 3. ELECTION OF OFFICERS. Some officers are elected by the people through town meetings others are appointed to office. 4. COMMISSIONERS. Usually three commissioners, elected for three years, one retiring at the close of each year, are the chief admin- istrative officers, doing for the county what the selectmen do for the town. They represent it in suits of law, take charge of its property, courthouse, jail, poorhouse, have care of inter-town roads and bridges, apportion the county taxes among the towns. OUTLINES OF CIVIL GOVERNMENT 17 (1) Commissioners as an equalizing board. In making returns to the county commissioners some towns estimate the value of their taxable property much lower than others. The commissioners act as an equaliz- ing board, selecting one standard of value and appraising the property of all the towns by that, so that each town shall bear its just share of county expense. (2) State equalizing board. The counties in turn are assigned their due share of state tax by a state equalizing board or the state controller. This tax is divided among the towns of the county. As already stated, the towns collect the three taxes, town, county and state. 5. TREASURER. Receives and pays out the money of the county. 6. AUDITOR. Audits all accounts. 7. CORONER. Investigates any sudden or mysterious death. He holds a coroner's inquest by selecting a jury and calling before it witnesses who know the circumstances of the death. 8. OVERSEER OF POOR. Has charge of matters relating to relief of county poor. 9. COUNTY SUPERINTENDENT OF SCHOOLS. There is in some states a county superintendent of schools. 10. JUDGES OF COURTS. Judges of county courts move from one county to 18 OUTLINES OF CIVIL GOVERNMENT another, usually, but there are certain court officers who reside in each county. (Court officers) : 11. SHERIFF. Is elected by the people, generally for a term of years; he appoints his deputies or assistants. As court officer he or his deputies must attend all county courts to carry out their commands; he has charge of prisoners within the jail. As a county administrative officer he is respon- sible for order throughout its limits and may arrest dis- turbers of the peace. If the arrested party resist him he may call to his aid any citizen or the state militia by applying to the governor. 12. DISTRICT ATTORNEY OR COUNTY SOLICITOR. Is the lawyer who acts for the county in any civil suit in which it has part, or prosecutes the criminals in behalf of the state for crime committed in the county. He also gives his opinion to the county officers on questions of law. 13. COUNTY CLERK. Keeps a record of county transactions; he records deeds and mortgages of real estate in the county; as clerk of court (County, District, Circuit) he records all decisions of civil, criminal, or probate cases. Usually this work is divided among: (1) Register of deeds who records deeds and mort- gages. (2) Register of probate who records wills and legal documents connected with probate court. (See Courts of Record, Part II, p. 59.) OUTLINES OF CIVIL GOVERNMENT 19 RECITATION OUTLINE CHAPTER III THE COUNTY SYSTEM OF THE SOUTH 1. Described. 2. Officers. Work. How elected. 3. List of officers. 4. Towns of the South. CHAPTER III THE COUNTY SYSTEM OF THE SOUTH 1. ORIGIN OF THE COUNTY SYSTEM IN THE SOUTH. The early settlers of the South found the land well suited to agriculture. They held large estates little dis- turbed by the Indians who were fewer in number and far more friendly than those of the North. In this thinly settled territory it was natural that the county should be the organ of local government. In time towns grew, but the familiar county system remains the choice of the people. 2. VOTING DISTRICTS. Since the county is too large to elect its officers by a general meeting it is divided into voting districts (called parishes, magisterial districts, precincts, civil districts, etc.). The free, man-to-man discussion of affairs com- mon in the Northern town meeting is lacking in Southern elections. These subdivisions are not only voting districts but serve as an area for the jurisdiction* of a constable and justice of the peace. The division is made, not as in the case of the Northern township by the state legislature, but by the county itself. * *". e., An area over which each has his proper authority. OUTLINES OF CIVIL GOVERNMENT 21 3. OFFICERS. County officers do the work of Northern town and county officers, in those states which have not adopted the town system. They are: Board of County Commissioners (whose duties are those of Northern selectmen and county commissioners), treasurer, auditor, assessors, collectors (sometimes the sheriff collects taxes), overseer of poor, of roads, superin- tendent of education, state's attorney (who acts for several counties), clerk, sheriff, coroner, judges of courts, etc. As all states have not the same county organization this general statement may not apply to every state. 4. TOWNS OF THE SOUTH. The Southern county is becoming somewhat changed by the growth of towns through increase in manufacturing and the establishment of school districts which in time become towns. 22 OUTLINES OF CIVIL GOVERNMENT RECITATION OUTLINE CHAPTER IV MIXED SYSTEM OF MIDDLE ATLANTIC AND WESTERN STATES 1. Origin of mixed system in Middle Atlantic States Two types. 2. Origin of mixed system in West. 3. Townships. (1) in Middle Atlantic group and Middle West. (2) In Northwest. CHAPTER IV MIXED SYSTEM OF MIDDLE ATLANTIC AND WESTERN STATES 1. ORIGIN OF MIXED SYSTEM IN- MIDDLE ATLANTIC STATES. The Middle Atlantic States, lying between the Northern and Southern colonies, had interest both in trade, through the growth of towns and in agriculture, since the land was productive. There developed a mixed system (the compromise system) of government in which town and county shared more equally in the control of local affairs than in North or South. Two types. New York with the town meeting of its Northern neighbors and a county board of supervisors (selectmen) of the townships; Pennsylvania without town meetings, with a board of three commissioners elected from the county at large the townships having no repre- sentation upon the county board are the two types which various states have followed. 2. ORIGIN OF MIXED SYSTEM IN THE WEST. In New England the county was formed for the con- venience of the towns ; in the West, by government survey- the county preceded the township, therefore it could not lose its prominence. The early settlers who came from North and South favored the system which seemed best to. them, or with which they were familiar at home; hence the same compromise as in the Middle Atlantic States, a mixed system of town and county government. 24 OUTLINES OF CIVIL GOVERNMENT Note* Division of duties. "When townships exist, the divi- sion of duties may be said to be as follows : the township is the area for the administration of schools, for relief of poor (unless by popular vote that function is given to the county), police, construction and maintenance of highways, sanitation ; the county is an area for the administration of justice, for maintenance of jails, courthouses, and sometimes poorhouses, and for tax equal- ization,," Note. Supervisory powers. The county possesses the power to create a township or change its boundaries, also true of the Southern county system but an impossibility in the New England township system. The county commissioners or supervisors audit town accounts; their sanction is necessary in all questions relating to the assessment and collection of taxes and borrowing money by the town. 3. TOWNSHIPS. (1) In Middle Atlantic group and Middle West. In New York a single supervisor, who is treasurer and general financial agent, presides over each township. The supervisors of the various townships meet as a board of county supervisors. There are other town officers sim- ilar to those of New England, elected at a town meeting. (2) In Northwest. In Northwest the Federal Government had the land surveyed before many settlers came. It was divided into counties, these into areas six miles square (36 square miles) called townships. One square mile (section, or 640 acres) was reserved for the benefit of the public schools (survey Part III). A common interest in the schools drew the settlers of the township together and there grew town organizations similar to those of New England. The selectmen bear the name of supervisors; of course the number of other officers varies according to the preference of the people for town or county govern- ment. OUTLINES OF CIVIL GOVERNMENT RECITATION OUTLINE CHAPTER V CITY 1. Needs. 2. Incorporation. 3. Wards. 4. City a miniature state. (1) Legislative department of City Council. Members. Powers. (2) Executive, or Administrative department. (a) Mayor. (b) Other officers. (c) Political influence feared. (d) Responsible agents. (3) Judiciary. (a) Grades of courts. 1. Mayor's court. 2. Superior courts of record. 3. Supreme courts. (b) Judges. CHAPTER V CITY 1. NEEDS. As a town gains in population it is inconvenient to elect officers at a general meeting, other needs arise from the massing of many people, sidewalks, paved streets, water supply, drainage, sanitary precautions, lighting, police, etc. 2. INCORPORATION. To meet these demands a different form of government is necessary and the town applies to the state legislature for a charter as incorporated village, incorporated town, borough or city. The charter in each case names the bounds and grants certain rights and privileges. In several states when a town reaches a certain size it may become incorporated by complying with the conditions of a general law which practically 'provides its form of government. Cities vary widely in their municipal arrangements, yet in all we find the three departments of government. 3. WARDS. To provide for elections and representation of each section in its City Council, the city is divided into dis- tricts in theory as nearly equal in population as possible. The qualified voter casts his vote in his ward at the poll- ing place, presided over by the ward clerk or other officers. OUTLINES OF CIVIL GOVERNMENT 27 4. CITY A MINIATURE STATE. A city may be likened to a miniature state with its (1) legislative; (2) executive (or administrative), and (3) judi- cial departments. In its administrative department, the mayor corresponds to the governor, some advisory boards which he appoints to the governor's council ; in the legis- lative, the councilors and aldermen, to the state legisla- ture; in its judicial, the judges elected by the people, to the state judiciary. (1) City Council. Members. The legislative department, or City Council, often consists of two bodies, the councilors representing the wards, and a smaller number of aldermen, sometimes elected by the wards, sometimes by the vote of the whole city (by general ticket). Powers. Ordinances or by-laws relating to city govern- ment, appropriation of money for necessary expenses, granting of public franchise * to corporations, as street railways, electric lighting companies, etc., are the meas- ures passed by this body. (2) Executive or administrative department. (a) Mayor. Mayor is chief administrative officer, elected by direct vote of people for one, three or five years ; he provides for the public peace, quelling riots or disturbances by- calling upon state militia if necessary (by applying to the governor) ; he appoints many impor- * Certain privileges which lead to supplying some public wants. 28 OUTLINES OF CIVIL GOVERNMENT tant officers, sometimes alone, sometimes with consent of one branch of the Council. He may veto forbid ordinances passed by the Council but often a two-thirds vote of each branch passes the bill over his veto. (b) Other officers. Other city officers, some appointed, some elected, are police, board of education, commissioners of fire department, of street department, of water department, city phy- sician, treasurer, clerk, solicitor, auditors, assessors, collectors, etc.* (c) Political influence feared. In most cities the department of education has no connection with the city government; an effort is also made to keep the control of police appointment out of the hands of city politicians. (d) Responsible agents, few elective officers, the "Federal plan." There is a growing tendency to lessen the number of elective officers (a "Short Bal- lot") and to give the mayor a large share in appointing heads of departments that they m.ay be directly responsible to him, that he in turn may be held answerable to the people for the good government of the * For a fuller account of the work a city does through various boards or commissions, see Outlines for pupil's notebook, pp. 30-40. Also use as supplementary reading Willard's "City Gov- ernment for Young People." OUTLINES OF CIVIL GOVERNMENT 29 city. There has been so much waste and corruption in city councils and large boards, where the blame may be fixed on no one, that people have come to distrust them.* (3) City Judiciary (See State Judiciary, Part II, p. 57). (a) Grades of courts. Some cities, as Baltimore, have the three grades found in state courts. 1. Mayor's court which corresponds to the justice's court in township. 2. Superior courts, or courts of record. 3. Supreme courts. (b) Judges. Judges are usually elected by the people, the qualifications, term and salary determined by the customs of the state. * Boston has a new charter which puts in force the plan of electing few officers and holding them strictly responsible for good government. There is a mayor and council of nine coun- cilmen. At the end of two years the mayor may be tl recalled/ ' if unsatisfactory, by a majority vote. Candidates for office receive a direct nomination by the signature of 5,000 voters. SO OUTLINES OF CIVIL GOVERNMENT OUTLINE FOR PUPILS' NOTEBOOKS TOWNSHIP, INCORPORATED TOWN HISTORICAL OUTLINE Towns of our Germanic and English ancestors (Green's " History of English People," Ch. I). Origin of New England towns (Bryce's " Common- wealth," Vol. I., p. 589). Our own town : f Time. Settlement < First settlers. ( Early government. Growth. Industries. Town (or city) in the wars. City (same as under township). POLITICAL OUTLINE TOWNSHIP I. Township in corporate capacity. If incorporated, date, privileges. Property, purchase, sale, care. II. Elections. 1. Caucus or primary. How called. Presiding officer. What was done? Who prepares ballots ? Note By use of this outline, write description of conditions in your town. For historical sketch refer to early town records in the care of the town clerk, or to local histories ; the records give many quaint glimpses of the past if one has patience to follow them. OUTLINES OF CIVIL GOVERNMENT 31 2. Registration of voters. Officers in charge. Time. Qualifications of male voters. Qualifications of female voters ( ?) 3 . Warrant . Quote two articles of warrant. Officers who prepare it. Officers who make it public. How made public? How long before election? 4. Town Meeting. Opening. Moderator. Measures. Officers in charge of balloting. Voting. System used. j '1 Get a sample. Process of voting. Challenging votes. Canvassing votes. Officers who count. Time, place. Recount. Election by majority. Election by plurality. Votes for county officers (?) , How printed? Ballots or tickets/ 32 OUTLINES OF CIVIL GOVERNMENT Votes for state officers (?) Hold a town meeting. Why a democracy? III. Town officers. 1. Selectmen (Supervisors, Trustees, etc.). 2. Treasurer. 3. Clerk. 4. Auditor. 5. Road Commissioner or overseer (under). Care of Roads. (a) Township one district with One overseer or commissioner. Board of commissioners. (b) Township divided into districts. Overseer for each district. f by money. Payment of tax j . J ( by work. Importance of good roads. Suggestion for improvement. 6. Assessors of Taxes ) *. ^^.n r m r under Taxation. 7. Collectors of Taxes ) TAXATION Needs of taxation. 1. (Support of what?) 2. Town 3. 4. 5. 6. OUTLINES OF CIVIL GOVERNMENT 1. (Support of what?) 2. County 3. 4. 5. 1. (Support of what?) 2. State 3. 4. 5. 6. Kinds of taxes. Direct. ( Real estate. Resources < Personal property. I Poll tax. Indirect, licenses, fines. Exemptions Assessment Collection f Who makes exemptions ? 1 Reasons for exemptions. Assessors. Time. Method of assessment. Rate, how found? Find a persons tax. I Get a tax bill. Collectors. Time (discount? interest?) Describe a tax sale, tax deed. How may such property be redeemed? Tax "dodging/' Who collects licenses ? fines ? 34 OUTLINES OF CIVIL GOVERNMENT 8. Overseer of poor (under). Aid to Poor and Unfortunate. Overseer of poor duties. Who is entitled to aid? How are others provided for? What relatives must give aid? Partial aid. Support by town At town farm or almshouse. At county farm. Board paid elsewhere. Separation of classes. Young, old, insane, etc. Care of insane At town or county farm. At state asylum. Reform schools. Location. Object. Support. Homes for feeble minded, blind, old people. Federal aid. Soldiers' homes. Sailors' homes. Hospitals, other institutions, public, private. 9. School committee or board of education. (Under Schools.) SCHOOLS Township system. District system. Support, town tax, other funds. OUTLINES OF CIVIL GOVERNMENT 35 Board of Education (Committee, Supervisors). Number, how elected, term. Work. Supervising schools. Care of property. Supplies furnished (?) Superintendent, election, duties. County Superintendent (?) Election, duties. State Superintendent. Election, term, duties. State Institutions. How supported? State Normal Schools. Location, object. State Agricultural College. Location, object. Experiment station connected (?) (Supported by United States Government.) State University. Location, object. Federal Schools. For Indians. At military posts. Military academy. Naval academy. Signal service. Deaf, dumb, blind. 10. Constable, duties, differ from police how? 11. Other officers, boards or commissions. 36 OUTLINES OF CIVIL GOVERNMENT IV. Administration of Justice. Justice of Peace, Commission, Duties. Cases tried (ex) . Cases appealed (ex). POLITICAL OUTLINE CITY I. City as a corporation. f When granted ? By general or special law? Charter ^ J . te Privileges. I Municipal home rule ( ?) Property, purchase, sale, care. Wards, number, purpose. II. Elections. 1. (Same as under township.) Direct primary (?) 2. (Same as under township.) 3. (Same as under township.) 4. Polling places. Officers in charge. Measures. (Same as under township.) Voting (same as under township). Canvassing votes (same as under township). Bond or charter elections. 64 Initiative," "Referendum/' "Recall." OUTLINES OF CIVIL GOVERNMENT 37 III. Legislative department or ( Aldermen. 1. Common Council -< ~ (. Councilors. Number. Election. Term. I Ordinances. J Raising money. I Spending money. [ Franchises. IV. Executive Department. 1. Mayor. Election. Term. Responsible head. Appointive power. Duties 4 __** Message. Veto. 2. Officers of Commissions to carry on work of city. (a) Financial work. Auditor or controller (to estimate city expense) . Treasurer. Clerk. Attorney. Assessors ) ~ lt Y under Taxation. Collectors ) TAXATION (Same as under township.) City's debt, bonds. Sinking fund. (b) Aid to Poor and Unfortunate. (Same as under township.) (c) Educational work. 38 OUTLINES OF CIVIL GOVERNMENT SCHOOLS (Same as under township.) (d) Protection. -r-,. , f Commission (?) Fire department _. ,-x ,. i j Election (?) Police department ^ Building Inspector Control of saloons Appointment (?) Public peace. Laws enforced. Board of health. Sanitary regulations. (e) Recreation. Commissioners of Parks, Playgrounds, etc. (f) Public Works. * Commissioner. City Engineer. Care of streets. Cleaning. o Paving, etc. Sewers, other piping. Poles and wires. Construction of city buildings, etc. (g) Public Utilities. Boards or commission if operated by city. Usually carried on by a corporation or company. Waterworks. Street lighting. Docks, ferries. Markets. Street railways, (h) Other officers or boards. OUTLINES OF CIVIL GOVERNMENT 39 V. Administration of Justice Grades of courts. 1. Police court; probation court (?) 2. Court of record (?) 3. Supreme court (?) Judges, term, election. OUTLINE FOR PUPILS' NOTEBOOKS THE COUNTY HISTORICAL OUTLINE Development of old English County. Clan or u gathering of the host." Hundred, "moot," "reeve," " hue-and-cry." Shire, shire-reeve or sheriff. Norman county, u crowner" or coroner. Trial by ordeal, by battle, by " recognitors " or jury. Origin of Southern county system. (Bryce's "American Commonwealth," Vol. I, p. 590.) Origin of mixed system as in Middle Atlantic and Western States (as above, p. 593). Our county. Type, New England ? Southern ? Western ? Early history. Area and shape. Shire town. Property. 40 OUTLINES OF CIVIL GOVERNMENT POLITICAL OUTLINE County. Its officers. Commissioners. Treasurer. Auditor. Clerk. Sheriff. Other officers. Courts (second grade, called district, circuit or county court) . Court officers. Judges, clerk, register of deeds, of probate, attorney, etc. PART II STATE AND TERRITORIAL GOVERNMENT OUTLINES OF CIVIL GOVERNMENT 43 RECITATION OUTLINE CHAPTER VI THE STATE : CONSTITUTION ; POWERS I. Constitution. 1. Described. 2. How framed. 3. Amendment. II. Relation of state to local government compared with that of Federal to state government. ( Republican government. III. Guarantee to the state \ _ . . * 4 Invasion (79). (Optional) / _ _y : ' V Insurrection. IV. Powers denied the states. (Optional.) 1. Relation between states. Treaty, alliance, confederation (52). Agreement or compact (54). Tonnage (54). Duties on exports (53). Duties on imports (53). Conditions (three) (53). 2. Commerce Coin money. Bills of credit (52). Legal tender (52). Obligations of contract. 3. Titles (52). 4. Penalties, Attainder, ex-post-facto laws (52). 44 OUTLINES OF CIVIL GOVERNMENT 5. War Troops, ships (54). Engage in war (54). Letters of marque or reprisal (52 ) Debts for rebellion (103). 6. Slavery (98). 7. Regarding citizens. Voting (105). Equal protection of laws to all (100)., V. What the state does. 1. Eminent domain. 2. Police power. 3. Suffrage. (1) Limitations. (2) QualificationSo (3) Naturalization. CHAPTER VI THE STATE : CONSTITUTION ; POWERS I. CONSTITUTION 1. Described. A state constitution is a document by which the people establish a republican form of government. It must not conflict with the Constitution, laws or treaties of the United States. It contains a "bill of rights,"* which reaffirms some of the provisions of the Federal Constitu- tion; it provides for three separate departments of gov- ernment: legislative to make the laws, executive to administer, and judicial to interpret them; it determines the qualifications for voting (right of elective franchise or suffrage) ; and provides for local self-government. Some- times it limits the state legislature by itself containing laws upon such subjects as duelling, gambling, lotteries, etc. 2. How framed. The thirteen original states generally used their charters as models. f A constitutional convention of delegates elected by the people, in most cases not only framed the constitution but adopted it ; in others the people ratified it. J * See Bill of Rights under Federal Constitution. (85-95.) t Connecticut used her charter for a constitution till 1818; Rhode Island until 1842, with few changes. J For present framing of a state constitution see, How a terri- tory becomes a state, Part II, p. 67. 46 OUTLINES OF CIVIL GOVERNMENT 3. Amendment. Methods of amendment vary in the different states. Usually the legislature * proposes the amendment, but in every state (save Delaware) the suggested change is accepted or rejected by the vote of the people. The diffi- culty of rousing the necessary number of people to see the need of change prevents too frequent amendment. II. RELATION OF STATE TO LOCAL GOVERNMENT COMPARED WITH THAT OF FEDERAL TO STATE GOVERNMENT When a free people unite to form a state they give to the state full sovereignty or right to rule. Thereafter local governments exercise powers of local self-govern- ment granted by the state; they have no sovereignty in themselves. Briefly stated, then, local governments pos- sess granted or delegated powers, while the state retains those remaining powers not delegated. The Federal Government was also founded by the people, f 'The Constitution of the United States was ordained and established, not by the states in their sov- ereign capacity, but emphatically, as the preamble of the Constitution declares, 'by the people of the United States'* (Supreme Court). Yet in its dealings the Federal Government has to do with sovereign states, not governments which derive their power from it, as do local governments from the state. The United States Govern- ment possesses certain powers granted by the Constitution, as control of the army and navy, right to make war, to * In some states the amendment must pass each house by a majority vote, in others by a two-thirds- or two-fifths vote. OUTLINES OF CIVIL GOVERNMENT 47 regulate commerce, etc. (What Federal Government Does, Part III, p. 79), while the states retain remaining powers not given to the Federal Government and not forbidden the state,* as provisions for education, marriage prop- erty, etc. (What the state does.) This is just the reverse, we see, of what is true in state and local govern- ment. III. GUARANTEE TO THE STATE (Optional, see recitation outline) IV. POWERS DENIED THE STATES (Optional, see recitation outline) V. WHAT THE STATE DOES While the Federal Government does those things which a state could not well do, as coining money, regulating commerce, making war,^the state makes, enforces, and tries cases violating those laws relating to the everyday affairs of life, as education, marriage, divorce, religious and property rights, legal rights of citizens, of relatives, of employer and employee, partnership, insurance and both public f and private J corporations. Under this general control several specific powers will be described. * The powers not delegated to the United States by the Con- stitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people (94). t As a city. J As a railway. 48 OUTLINES OF CIVIL GOVERNMENT 1. Eminent domain. As kings of old had control of the land, so the state has the first right to its territory when needed for the public good. A state (also county or town) may take the prop- erty of an individual for public use as for a highway, railway or location of a public building whether the individual consents or not, by the payment of a suitable sum. 2. Police power. The state must regulate certain rights which affect the people in common, and control the individual and his property when opposed to the interests of all; examples: quarantine regulations, inspection of food supplies brought into a state, regulations concerning the health of a city as cleanliness, water supply, sewerage regulation of the charges of transportation companies street rail- ways, cabs, hacks, etc. factory and tenement house in- spection, etc. 3. Suffrage. (1) Limitations. It is left to the state to make the con- ditions of voting with one exception: the XVth article of the Constitution forbids a state to exclude a voter ( 'on account of race, color, or previous condition of servitude." Article XIV (101), before this aimed to cut down the basis of representation in those states which refused the right of suffrage to all citizens not excluded for crime or taking part in rebellion.* (2) Qualifications. Most states give the right of voting to male citizens twenty-one years of age, who are not * Never practically enforced. OUTLINES OF CIVIL GOVERNMENT 49 paupers, idiots, lunatics, or criminals. Some states ex- clude Indians not taxed, United States soldiers or marines, most states require a certain length of residence previous to election. Conditions vary widely in different states. Woman suffrage: Colorado, Idaho, Utah and Wyoming admit women to the franchise on equal terms with men, Kansas on municipal questions, many other states on school questions. (3) Naturalization. The Federal Government provides for uniform laws of naturalization, but the state decides when an alien may vote; some states permit him to vote two years before he receives his final papers, when he "declares his intention. " Process: (1) Declaring his in- tention. The alien wishing to become a citizen takes oath before a court of law that it is his intention to become a citizen of United States and to renounce alle- giance to any other country. This must be two years before the final papers are given. (2) Final steps. Two years later he proves to the court a previous residence in the country of five years, a residence in that state or terri- tory of one year, renounces his allegiance to any other country, gives up his title of nobility if he has one, and receives in return American citizenship with all its privi- leges save one, he can never be President of the United States. The law regards his minor children as citizens when they become of age. 50 OUTLINES OF CIVIL GOVERNMENT RECITATION OUTLINE CHAPTER VII THE STATE : LEGISLATIVE DEPARTMENT ; EXECUTIVE DEPARTMENT VI. LEGISLATIVE DEPARTMENT 1. Scope of law making. 2. General and special legislation. 3. Houses. 4. Election of members. 5. Sessions terms. 6. Qualifications of members. 7. Houses equal in legislation. VII. EXECUTIVE DEPARTMENT 1. Governor. (1) How elected, term. (2) Qualifications,, (3) Work. (a) Pardons or reprieves. (b) Militia. (c) Message. (d) Veto. (e) Execution of laws. 2. Other officers and boards. (1) Lieutenant Governor. (2) Council, staff. (3) Secretary. (4) Treasurer. (5) Auditor. (6) Attorney-general. (7) Superintendent of Education. (8) Other officers and boards* (9) Elected or appointed. CHAPTER VII THE STATE (continued) : LEGISLATIVE DEPARTMENT ; EXECUTIVE DEPARTMENT VI. LEGISLATIVE DEPARTMENT 1. Scope of law making. As we have seen the legislature is limited (1) by Con- stitution, laws and treaties of the United States; (2) by provisions of the state constitution. There is left to it legislation upon such subjects as are named in "What the state does." (Part II, p. 47.) 2. General and special legislation. There is, first, law making on general subjects as sanita- tion, schools, temperance, etc. ; second, special or private legislation applying to a particular case, as chartering a railway, changing a person's name, etc. Many state con- stitutions limit special legislation.* 3. Houses. In each state the legislature consists of two houses, a lower House of Representatives f and upper Senate of fewer members. 4. Election of members. Members of each house are elected by direct vote of the people, one for a certain number of people, but the sen- ators from a larger district than the representatives. Thus, a senatorial district sends but one senator but may *Why? t Not called House of Representatives in all states; called House of Delegates in Virginia, General Assembly in New Jersey. 52 OUTLINES OF CIVIL GOVERNMENT send numerous representatives. In some of the New England States the representatives are sent by towns, the senators by towns united into senatorial districts. 5. Sessions terms. In most states the session is biennial once in two years unless a special session is called by the governor. Length of session is often limited to sixty or ninety days. Term: Representatives are elected for the two years, although ordinarily attending but one session, senators often for four. (Varies in different states.) 6. Qualifications vary. Generally members must be of a certain age, citizens, also residents of the state. 7. Equal in legislation. In many states the two houses are co-ordinate in legisla- tion; in some states bills for raising money by taxation must originate in the lower house; the Senate ratifies some of the governor's appointments. Vll. EXECUTIVE DEPARTMENT 1. Governor. (1) How elected, term. The governor, who is at the head of the executive department, is elected by direct vote of the people for a term of one to four years. (2) Qualifications. In each state the candidate must have an age qualification, must have been a citizen a cer- tain period, as from two to twenty years, with a previous residence in the state as from one to ten years. (3) Work of governor. (a) The governor has power to pardon, delay or lessen sentence pronounced on criminals. OUTLINES OF CIVIL GOVERNMENT 53 (b) He commands the state militia, calling it forth in case of any disturbance in the state ; or at the command of the President, sends it to aid the United States. The governor then has no more control of it till it is mustered out of United States service. (c) The governor may send messages to the legis- lature recommending measures, but he has no power to carry them through save by his personal influence. (d) He may veto* a bill passed by the legisla- ture, unless a certain majority pass it over his veto. In a few states he may veto one or more items which he considers harmful while passing the remainder of the bill.f In other states he must either accept or re- ject the bill as a whole. (e) He executes the laws, that is, sees to their enforcement. 2. Other officers and boards. (1) Lieutenant Governor (in some states). Lieutenant governor takes place of governor if need be ; he often presides over the Senate. (2) Council, Staff. A few of the older states have a council to advise with the governor; others have a staff which serves as the governor's escort on public occasions. (3) Every state has a Secretary who keeps an account of all state transactions, and a * Save in Rhode Island, North Carolina and Ohio. tWhy of benefit? See "Riders." 54 OUTLINES OF CIVIL GOVERNMENT (4) Treasurer who receives and pays out its money. (5) Auditor. Most states have an auditor, or controller, who examines and verifies accounts and gives orders to the treasurer to pay the state's bills. (6) Attorney-general. The attorney-general gives ad- vice to the governor and other state officers on questions of law; prosecutes for the state in graver criminal cases. He also has some direction of the district (county) attorneys. (7) Superintendent of education supervises state schools, making the system uniform as far as possible ; he prepares examinations for teachers, holds institutes and vacation schools for their benefit; he advises teachers and superin- tendents who wish to consult him upon questions of school law; he makes reports upon the schools, to the legislature, suggesting needed reforms. (8) Other official boards. There are various other officers and boards as: superintendent of prisons, of labor, boards of health, charity, lunacy, commissioners of railways, harbors, mines, immigration, etc. (9) Elected or appointed. The chief administrative officers are usually elected by popular vote for a term as long or longer than the governor's; others are appointed. OUTLINES OF CIVIL GOVERNMENT 55 RECITATION OUTLINE CHAPTER VIII THE STATE : JUDICIAL DEPARTMENT VIII. STATE JUDICIARY 1. Three grades of courts. 2. Independence of state courts. 3. Scope. 4. Removals. (Optional. See Part IV, 68.) 5. Appeals. (Optional. See Part IV, 68.) 6. Kinds of business coming before state courts. (1) Civil suits. (2) Criminal suits. (3) Probate business or suits. 7. Judges. (1) How elected. (2) Term. (3) Qualifications. 8. Jury system. 9. Grades of courts (see paragraph 1). (1) Local courts. Justice's court. Mayor's or police court. (2) Superior courts of record. Differ from inferior courts. Some forms of courts of record. (a) County or municipal courts. (b) District or circuit courts. (c) Probate courts. 56 OUTLINES OF CIVIL GOVERNMENT (3) Supreme court. (a) Described. (b) Clerk. (c) Reporter. Procedure (Optional) in a criminal case. Complaint. i Warrant, arrest, examination. Bail or writ of habeas corpus. Indictment. Trial: Jury selected. Witnesses. Arguments. Charge to jury. Verdict. Sentence. Appeal. CHAPTER VIII THE STATE : JUDICIAL DEPARTMENT VIII. STATE JUDICIARY 1. Three grades of courts. Every state has at least three grades of courts: (1) local courts, (2) superior courts of record, (3) supreme court, or court of appeals. The first and third grade of one state correspond with the first and third of another, but there are numerous forms of the second, the courts of record. 2. Independence of state courts. Each state has its complete judicial system with right of appeal from lowest to highest court. Decisions made by one state court are not binding upon those of any other state, but they are usually followed. 3. Scope. State courts try cases arising under state laws; the Federal Government makes provision for the removal and appeal of certain cases to the Federal courts. 4. Removal. (Optional. See Recitation Outline.) 5. Appeal. (Optional. See Recitation Outline.) 6. Kinds of business coming before state courts. (1) Civil suits are those which arise from attempt to enforce a broken contract or to secure damages for it. Subjects leading to these suits are property, marriage, divorce, etc. The plaintiff brings the suit, the defendant is the one against whom suit is brought. 58 OUTLINES OF CIVIL GOVERNMENT (2) Criminal suits arise from crimes which endanger public welfare, as theft, burglary, arson, murder, etc. The state, represented by attorney-general or district attorney (according to the custom of the state) always prosecutes the defendant there is no individual plaintiff. (3) Probate business relates to the settlement of estates of the deceased. If there is a will it is proved before the probate court, its provisions are carried out under pro- bate guidance; if not, an administrator under bonds is appointed to settle the estate. Both executor of will and administrator must give an account of their trust to the heirs before the court (judge). It also provides for the guardianship of minors and those incapable of directing their own business affairs. 7. Judges. (1) How elected. In most states judges are elected by popular vote; those of local and superior courts by the people of that town, city, county or district over w r hich the judge presides; those of the supreme court by the voters throughout the state. In other states the legislature elects, or the governor nominates and the senate appoints the judges. (2) Term. Their term varies from two years to a term for life on condition of good behavior. (3) Qualifications. Generally there is an age, citizen- ship and residence requirement. It is left to the citizens to determine the fitness of the candidate through reason of his learning and ability. 8. Jury system. State law provides the method of selecting men for the grand jury, which decides whether a man shall be tried or OUTLINES OF CIVIL GOVERNMENT 59 dismissed, and a petit jury, before which the trial takes place. Usually some official selects a list of names by lot from the citizens of town, city or county. The men selected present themselves at that session of court for which they were drawn. (See Indictment and Petit Jury, Part II, p. 61.) 9. Grades of courts (paragraph 1). (1) Local courts. The courts of the justice of the peace in the country, the mayor's or police court of the city, try petty crimes (offences) and civil suits for small sums, without a jury. If a crime is committed beyond the jurisdiction* of these courts the justice or judge may arrest, examine, and, on sufficient evidence, send the accused to jail, to await trial by a higher court. (2) Superior court of record. Differ from inferior courts. Superior courts differ from inferior courts in that there is a record made by clerk of court (see Part I, p. 18) of decisions reached in all cases; second, trial of criminal cases and such civil suits as the parties wish is before a jury. Some forms of courts of record. (a) County or municipal courts. The lowest grade of superior courts is the county court and what corresponds to it when a city possesses all the grades of courts found in the state the municipal courts, which try cases appealed from local courts (have appellate jurisdiction), or have the right of first trial (original jurisdiction) in more serious civil and criminal cases. * Right of judgment. 60 OUTLINES OF CIVIL GOVERNMENT (b) District or circuit courts administer justice over a larger area than county and municipal courts. The judges usually move from one district or circuit to another, but the court officers are those of the county. These courts have original and appellate jurisdiction over civil and criminal cases and in some states act as probate and equity courts. (c) Probate court. Most states maintain separate probate courts presided over by a probate judge, with no jury; usually no suits arise from the settle- ment of estates, matters of guardianship, etc. Note. Other courts. Courts of sessions, of equity or chan- cery, of oyer and terminer, other courts with special work and various names are found in different states. (3) Supreme court. (a) Described. The supreme court of a state consists of its chief justice and associate justices who hear cases appealed from lower courts, and sustain or reverse those decisions. They do not retry but carefully go over the record of the case and make written decisions whether the law was properly interpreted and applied. The opinion of the majority decides; their decision is binding on the lower courts of that state. (b) Clerk of supreme court records these decisions. (c) Reporter prepares these decisions for publication and sends them through the state for use of lawyers and judges of the lower courts. Note. New York has a court of appeals higher than its supreme court, to which some cases passed upon by the supreme court may be appealed. A few other states have similar courts. Procedure in criminal cases. (Optional.) Complaint. Usually complaint is made before a justice OUTLINES OF CIVIL GOVERNMENT 61 of the peace by some interested person against the sus.- pected criminal. Warrant and preliminary examination. The justice issues a warrant of arrest to constable or sheriff, examines the arrested party, and commits him to jail if there seems sufficient ground. Bail/ writ of habeas corpus. Unless the crime is very serious the prisoner may be liberated till his trial by the promise of his bondsmen to pay a sum named by the jus- tice, if the accused should fail to appear at the trial. If the prisoner is unable to obtain bail,, he, or some one in his behalf, may apply for a writ of habeas corpus which insures him a hearing before the court. The judge decides whether or not there is sufficient evidence for a trial and the prisoner is released or sent back to jail to await the court's session. Indictment. The prosecuting attorney (state or district) gives an indictment, or written charge of the crime to the grand jury (twelve to twenty-three in number). The jurors call witnesses against the accused, and if there is -evidence to warrant a trial they return the bill, with the words a "true bill." The case then comes to trial; otherwise it is dismissed. Arraignment, The prisoner is brought before the court, the indictment read to him, and he answers to the charge "guilty" or "not guilty"; if the former, he is sentenced without trial, if the latter, the trial proceeds. Trial. Petit Jury. The clerk of court selects twelve men from the jurymen sent by the towns. They may be questioned and rejected if they do not fulfill the conditions prescribed 62 OUTLINES OF CIVIL GOVERNMENT by law.* Both counsels (lawyers for and against the accused) may also reject a certain number without giving a reason. When the twelve are found they swear to decide according to the testimony of the witnesses, and to the law explained by the judge. Witnesses for both sides are called subject to cross examination by counsel of the opposing side. The state usually introduces its testimony first, then after that of the accused, may put on more evidence in rebuttal, f The accused need not testify against himself (89) ; the state furnishes him with counsel if he is too poor to pay (90). Arguments. At the close, each counsel makes his plea to judge and jury summing up the case. Charge. The judge instructs the jury upon any points of law not clear. Verdi etc Jurymen usually retire to a separate room to deliberate. On their return the foreman gives the verdict that is, their decision whether the prisoner is guilty or not; if guilty, the degree of his crime. Every member must agree before the verdict can be pronounced. If they fail to agree there maybe another trial; if they unani- mously pronounce "not guilty" the defendant shall never be tried for that crime again (89). Sentence. The jury having determined the degree of guilt of the accused, the judge pronounces sentence. Appeal. If there is doubt as to lawfulness of the trial the defendant may appeal to the supreme court. *What are the conditions in your state? t Define. OUTLINES OF CIVIL GOVERNMENT 63 RECITATION OUTLINE CHAPTER IX TERRITORIAL GOVERNMENT 1. Constitutional provisions. 2. Territory acquired. 3. Unorganized, organized territories. 4. Federal control. 5. Delegate to Congress. 6. Departments. (1) Legislative. Council. House of Representatives. Term. Session. Salary. (2) Executive. (3) Judicial. Three grades of courts. Court officers. 7. Local governments. 8. How a territory becomes a state. (Note.) Two ways. CHAPTER IX TERRITORIAL GOVERNMENT 1. Constitutional provisions. The Constitution makes few provisions relating to terri- tory. " Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States" (78). The government from time to time has acquired land which has been admitted to statehood when population increased,; but there is nothing in the Consti- tution to prevent holding it permanently as a dependency if the people, through their representatives in Congress, so will. 2. Territory acquired. The United States has acquired vast tracts of land. Note : Northwest territory, ceded by several states in 1787. Louisiana, purchased from France, 1803. Florida, purchased from Spain, 1819. Texas, annexed from Mexico, 1845. California and Mesilla Valley by conquest and purchase from Mexico, 1848-53. Oregon, by discovery and settlement and by treaty with England, 1846. Alaska purchased from Russia, 1867. Hawaii, annexed in 1898. Porto Rico, ceded by Spain, 1898. Philippines transferred by Spain, 1898. OUTLINES OF CIVIL GOVERNMENT 65 Guam. Tutuila. Isle of Pines. Canal Zone in Panama. The District of Columbia has always been under exclu- sive control of Congress ; also all arsenals, forts, Federal buildings situated in states, etc. (42). 3. Unorganized, organized territories. We may divide territorial government into two stages: (a) The less highly organized territories, as Alaska, Guam, are governed by commissioners or officers ap- pointed by President and Congress. The next step gives the territory a local law-making body together with the commission, as in the Philippines, (b) The fully organ- ized territories, as Hawaii, Arizona,* and New Mexico* are described in the remainder of this chapter. 4. Federal control. While a territorial government is similar in plan to that of a state it differs in that territorial laws are subject to approval by Congress; its expenses are paid from the United States Treasury, and its important officers are appointed by the President. It has no vote in the election of a President. 5. Delegate to Congress. A delegate elected by the voters throughout the terri- tory is sent to the House of Representatives to look after territorial interests in the National legislature; he may bring in a bill, he may take part in debate, but he cannot vote. * Asking admission as states (1910), 66 OUTLINES OF CIVIL GOVERNMENT 6. Departments. As in a state there are usually three departments of government, although in the early organization of a terri- tory its legislative department is lacking as in Alaska. (1) Legislature. Council. The legislature consists of a council of twelve members elected by voters of twelve councilor districts as nearly equal in population as possible into which the territory is divided; a House of Representatives of twenty- four members elected by the voters of the twenty-four repre- sentative districts into which the territory is divided. Term: Session. The members are elected for a term of two years, although ordinarily there is but one session limited to 60 days in that time. Work The legislature makes such laws as relate to its territorial government and interests, but its laws are sub- ject to the approval of Congress without which they are void. (2) Executive.* The Governor, subject to removal by the President, performs duties similar to those of a state governor; he may pardon or reprieve until the decision of the President can be made known ; he may veto laws passed by the legislature unless a two-thirds majority pass it over his veto; he commands the militia; he sees that the laws are executed. The Secretary* not only keeps the territorial records but sends a report both to the President and Congress of the laws passed by the legislature and of the official acts of the executive. * The President with consent of Senate appoints these officers. OUTLINES OF CIVIL GOVERNMENT 67 (3) Judiciary.* A territory has three grades of courts: first grade, jus- tice's court, conducted by a justice of the peace elected by the people of a small area ; second, court of record three (at least) district courts each presided over by one of the three judges of the supreme court, with its clerk appointed by the judge; third, a supreme court, which consists of a chief justice and two associate justices holding at least an annual -session at the seat of government. Court officers. The district attorney acts for the terri- tory as does the attorney general for the state ; the marshal is the territorial sheriff preserving order and carrying out sentence of the courts ; clerks for the supreme court and courts of record perform the same duties as those in the states. 7. Local government. Local government is carried on by township or county, as territorial law provides. Note : 8. How a territory becomes a state. New states may be admitted to the Union, although they cannot be formed within a state or by the junction of two states without the consent of the legislatures as well as Congress (77). Two ways of admission. There are two ways which a territory may enter statehood, although in both cases Congress must approve the Constitution, name the state and define its boundaries. (1) The voters of a territory elect delegates to a consti- * The President with consent of Senate appoints these officers. 68 OUTLINES OF CIVIL GOVERNMENT tutional convention which frames a state constitution. If the people vote to accept it, the legislature petitions Con- gress, through its delegate, to approve the constitution and admit the territory as a state. If Congress approves, it passes an enabling act by which the territory becomes a state. (2) Congress passes an enabling act before the territory frames its constitution, when nearly the same steps are taken. OUTLINE FOR PUPILS' NOTEBOOKS THE STATE HISTORICAL OUTLINE Early settlement. Time. Place. By whom? Reasons for settlement. Right to settle, purchase, charter, treaty, etc. Early forms of government (if one of thirteen original states). f Charter. Before Revolution < Proprietary. V. Royal Province. During Revolution. A State. Adoption of constitution. Ratification of Federal Constitution. Admission by Congress (if not one of the thirteen). OUTLINES OF CIVIL GOVERNMENT 69 POLITICAL OUTLINE Constitution. "Bill of Rights." Special laws in constitution. Provisions for education, charitable or penal institu- tions, etc. Powers of State. Eminent domain. Pol'ice power. Suffrage, limitations, qualifications, naturalization. Law-making (upon subjects relating to everyday life). Special laws relating to care of criminal or defective classes, corporations, .cities, etc. Powers denied the State ) ^ , , ^ ^^ ^ } By Federal Constitution. Guarantee to States J c