This eBook was prepared by Robert Rowe, Charles Franks and the Online
Distributed Proofreading Team.
CIVIL GOVERNMENT FOR COMMON SCHOOLS.
PREPARED AS A MANUAL FOR PUBLIC INSTRUCTION IN THE STATE OF NEW YORK.
To which are appended the Constitution of the State of New York as amended at the election of 1880, the Constitution of the United States, and the Declaration of Independence.
BY HENRY C. NORTHAM,
CONDUCTOR OF TEACHERS' INSTITUTES.
PREFACE TO THIRD EDITION.
Instruction in Civil Government should be both theoretical and practical. Unfortunately the text-books in general use stop with the theory.
They deal with the science of government, but, being intended for use throughout the United States, they give no information as to the ART of government as practiced in this State.
Our students learn what is the guaranty of Republican government, but not how that government is exercised in their own town.
They are drilled in Incorporeal Hereditaments, but do not learn what kind of causes can be tried before a Justice of the Peace.
To supply this deficiency, is the aim of the present manual. Beginning with the school district, the names, manner of election, duties, and salaries are given of all important officers from the school trustee to the President of the United States.
The rapid sale of the First and Second Editions of this book encourages the hope that, with the additions now made, this manual may be considered indispensable in every PROGRESSIVE school in the State of New York.
HENRY C. NORTHAM. LOWVILLE, April 22, 1878.
I.—INTRODUCTION.
Officers are elected to administer the government for
I. The United State
II. Each State
III. Counties.
IV. Cities
V. Towns
VI. Districts
The following are names given to some of the different kinds of districts in the State of N. York
I. Road, School and Election Districts.
II. School Commissioner Districts.
III. Assembly districts
IV. Senatorial districts
V. Congressional districts
VI. Judicial districts
QUESTION. Which are the smallest districts named?
A. Road, School and Election districts.
Q. What is a road district?
A. A portion of a town placed under the charge of an officer, whose duty it is to see that the roads are kept in good condition.
Q. What is a school district?
A. A portion of a town or city, placed under the care of officers, whose duties are to maintain a public school in and for the district
Q. What is an Election district?
A. A whole or part of a town, in which all the voting is done at one poll.
Q. What is a School commissioner district?
A. A whole or a portion of a county, under the jurisdiction of a school commissioner.
Q. What is an Assembly district?
A. A whole or a portion of a county set off for the purpose of electing a "Member of the Assembly," except Fulton and Hamilton, which together form one district, and elect one member.
Q. What is a Senatorial district?
A. A portion of a county, a whole county, or several counties combined for the purpose of electing a Senator; the amount of territory depending upon population.
Q. What is a Congressional district?
A. A portion of a county, a whole county, or several counties combined for the purpose of electing a "Representative in Congress;" the amount of territory depending upon population.
Q. What is a Judicial district?
A. One county (as in the case of New York), or several counties united for the purpose of electing Supreme Court Judges.
Q. Name the civil divisions in regular order and tell what a combination of each forms?
A. Road and school districts form towns; towns when united form counties; counties when united form a State; and also in many instances, Senatorial, Congressional and Judicial districts. States when united form a Union.
Q. How many States are there?
A. Thirty-eight.
Q. How many counties in New York State?
A. Sixty.
Q. How many towns in New York State?
A. Nine hundred and forty; the number is changing from year to year; the exact number can be found by consulting the almanacs that give the election returns.
Q. How many cities in the State of New York?
A. Twenty.
Q. How many School Commissioner districts in New York State?
A One hundred and twelve.
Q. How many Assembly districts?
A. One hundred and twenty-eight.
Q. How many Senatorial districts?
A. Thirty two.
Q. How many Judicial districts?
A. Eight.
Q. How many Congressional districts?
A. Thirty-three.
Q. How many School districts in New York State?
A. About twelve thousand.
Q. By what authority are counties organized?
A. By the State Legislature.
Q. How are Towns formed?
A. By an act of the board of supervisors.
Q. By whom are School districts formed?
A. Generally by the school commissioners, sometimes assisted by the supervisor and town clerk of the town; sometimes by special legislation.
Q. What power defines the number of Assembly, Senatorial and
Judicial districts?
A. The State Constitution.
Q. What power decides upon the number of Congressional districts?
A. The Congress of the United States.
NOTE—The following table will be the guide for questioning through all the succeeding pages:
I. Name of office
II. Number of Officials holding the same office at the same time.
III. Term of office.
IV. Eligibility. V. Duties.
VI. Salary or how paid.
II—THE SCHOOL DISTRICT.
Q. What is a school district?
Q. How many school districts in your town?
Q. How many school districts in your county?
Q. How many school districts in New York State?
Q. What are the names of the officers in a school district?
A. I. Trustee or trustees; or a board of education.
II. Clerk.
III. Collector.
IV. Librarian
Q. What is the number of officials holding the same office at the same time?
A. I. One or three trustees, as a district decides. If a board of education, it may be not less than three nor more than nine.
II. One clerk
III. One collector.
IV. One librarian.
Q. What are the names of those districts in which there is a board of education?
A. Union free school districts; and they are allowed to have an additional officer, called a treasurer.
Q. What is the term of office of each?
A. I. If there be only one trustee, his term is one year.
II. If there be three trustees, the term is three years, one being elected each year; if the board of education consists of six or nine members, the term is three years; one third of the number being elected each year.
III. Clerk, collector and librarian, each hold the office for one year.
Q. Who are eligible to school offices in this state?
A. None but males; they must be twenty-one years of age; and trustees can hold no other school office.
Q. What are some of the duties of school district officers?
TRUSTEES.
A. I. To hold and keep district property for the use of the school.
II. To hire and pay a qualified teacher or teachers, and maintain a school for at least twenty-eight weeks during the school year.
III. To make to the school commissions an annual report between the first and second Tuesdays of August in each year.
IV. To make out all district taxes and issue a warrant for their collection, etc., etc.
CLERK.
I. To record the proceedings of the district.
II. To give notice according to law of annual and special meetings.
III. To notify each person elected or appointed to office, and also to report their names and post-office address to the town clerk.
IV. To notify the trustees of every resignation accepted by the supervisor.
V. To keep and preserve all books, records and papers belonging to his office, and to deliver the same to his successor, etc, etc,
COLLECTOR.
I. To collect all district taxes made out by trustees and placed in his hands.
II To pay out the money as directed by their order.
LIBRARIAN.
To have charge and supervision of the school district library.
Q. What is the salary of these officers and how paid?
A. The collector only is entitled to pay; he receives one per cent. on all moneys collected during the first fourteen days after advertising; after that time five per cent.
Q. How shall we find hereafter that officers are paid?
A. Some are paid a salary; some by the day; some by a fee; some by a per cent.
Q. What is meant by a salary? a fee? a per cent?
Q. How can a school district having three trustees change to one trustee?
Q. Can a district having a sole trustee change back and legally elect three?
[NOTE—All questions unanswered here, should be studied by teachers very carefully, and the correct answers obtained. they should also introduce many others that will be suggested by the lesson.]
III.—THE TOWN.
Q. What is a town?
Q. How many towns in your county?
Q. How many towns in New York State?
Q. What are the names of the officers in a town, the number of officials in each, and their terms of office?
A. I. One supervisor, elected for one year.
II. One town clerk, elected for one year.
III. Four justices of the peace, elected for four years.
IV. Three assessors, elected for three years.
V. One or three highway commissioners, as the electors may determine; if one be elected, the term is one year; if three, the term is three years.
VI. One or two overseers of the poor, as the electors may determine; term one year.
VII. One collector, elected for one year.
VIII. Constables, not to exceed five; term one year.
IX. One game constable; term one year.
X. Three town-auditors; term one year.
XI. Three excise commissioners; term three years.
XII. Three inspectors of election; term one year; and in some villages and cities a sealer of weights and measures.
Q. What are some of their duties?
I. SUPERVISORS.
I. To receive the school money belonging to the town, and pay it out by order of the trustees.
II. To receive other money belonging to the town, and disburse the same according to law.
III. To meet with the other supervisors of the county as a "board of county canvassers."
IV. To meet with the other supervisors of the county as a "board of supervisors"; to audit all lawful accounts against the county, make out the tax lists and cause them to be collected; and perform such other acts of legislation as the constitution and statute laws have conferred upon them.
II. TOWN CLERK.
I. To keep the records of the town.
II. To keep in his custody such books and papers as belong to the town.
III. To act as clerk of the town meetings,
IV. To file such papers as properly belong to his office; and to perform the general clerical duties for the town.
III. JUSTICES OF THE PEACE.
I. To be the judicial officers for the town.
II. To issue warrants for the arrest of persons accused of committing crimes, and also summonses for the purpose of bringing before them persons for trial in civil actions.
III. To take acknowledgment of conveyances, administer oaths, act as inspectors at the town meeting, etc.
IV. ASSESSORS.
I. To make an inventory of the real estate in the town, naming the number of acres owned by each person, and fixing upon the same a valuation in proportion to its worth.
II. To make an inventory of the personal property held by the several persons in town, such as notes, mortgages, &c., which with the real estate forms the basis for taxes.
V. HIGHWAY COMMISSIONERS.
I. To have the care and general supervision of the highways and bridges.
II. To lay out new roads, when directed by a jury legally called for that purpose and discontinue others when directed by the same authority.
III. To divide the town into districts, and appoint overseers for the same.
VI. OVERSEERS OF THE POOR.
To look after and provide for, either at home or in the county house, such as are in indigent circumstances.
VII. COLLECTOR.
I. To give a bond to the supervisor for double the amount to be collected, with one or more sureties for the faithful performance of his duties.
II. To receive the tax list and warrant, and collect the tax and pay it over as directed.
VIII. CONSTABLES.
I. To serve summonses issued by the justices.
II. To arrest and bring prisoners before a justice, and to have the custody of them.
III. To collect moneys upon executions, and if necessary to sell property to satisfy the same.
IV. To see that order is preserved in the community.
V. To attend the higher courts in their official capacity when directed by the sheriff.
IX. GAME CONSTABLE.
To look after and prosecute for the violation of the game laws.
X. TOWN AUDITORS.
To examine the accounts of the town officers and pass upon the same.
XI. EXCISE COMMISSIONERS.
To meet and act upon petitions asking for the privilege of selling spirituous liquors.
XII. INSPECTORS OF ELECTION.
I. To preside at the annual election, receive the votes legally presented, and deposit them in boxes prepared for that purpose.
II. To count the ballots at the close of the election, make a true statement thereof and transmit it to the "board of canvassers."
Q. How are these officers paid?
A. I. Supervisors receive three dollars per day for county services, and two dollars per day for town services, and are entitled to extras for copying assessment roll and paying out school money.
II. Town clerks are paid by the day for services; also a fee for recording and filing papers.
III. Justices, mostly paid by fees; as officers of the town meeting they are paid by the day.
IV. Collectors receive a percentage for collecting the money.
V. Constables receive a fee, a percentage, and for some services are paid by the day.
VI. Game constables receive a portion of the fine money collected by reason of their prosecutions.
VII. All the remaining officers are paid for their services by the day.
Q. What must all these officers do before entering upon their duties?
A. They must qualify; that is, take the oath of office.
Q. What is the oath of office?
A. See state constitution, art. XII, sec. I.
Q. Who can administer the oath of office?
A. I. The county clerk administers the oath to the justices of the peace.
II. A justice of the peace administers the oath to all other town officers, except inspectors of election.
III. The chairman of the inspectors of election administers the oath to the other inspectors, and one of the others in turn administers it to the chairman.
Q. How many supervisors in the towns of the state?
Q. How many supervisors in the cities of the state?
Q. How many justices of the peace in the state?
IV.—THE COUNTY.
Q. What is a county?
Q. By what authority organized?
Q. How many counties in the state?
Q. When was the colony of New York first divided into counties?
A. In 1683.
Q. How many counties were established in 1683 and their names?
A. Ten: viz, Kings, Queens, Suffolk, New York, Richmond,
Westchester, Dutchess, Albany, Ulster and Orange.
Q. What are these counties called?
A. Original counties.
Q. What are the names of the county offices, the number of officials in the same office, and their term?
A. I. One sheriff, term is three years.
II. One county judge, term is six years: in a few counties there are special judges; same length of term.
III. In counties containing more than forty thousand inhabitants a surrogate may be elected; in counties containing less than forty thousand inhabitants, the county judge performs the duties of judge and surrogate; the term of surrogate is six years; in a few counties there are special surrogates.
IV. One county clerk; term is three years.
V. One treasurer; term is three years.
VI. One district attorney; term is three years.
VII. Four coroners; term is three years.
VIII. One or three superintendents of the poor; term is three years.
IX. Two justices of sessions; term is one year.
X. One school commissioner for each commissioner district; term is three years.
Q. What about the eligibility of these officers?
A. I. The sheriff is prohibited from holding the same office for a succeeding term, neither can he hold any other office at the same time. Const., Art. X, Sec. I.
II. No county judge can hold the office longer than the last day of December succeeding his seventieth birthday. Art VI, Sec. 13.
III. No person, except a counselor at law in the supreme court, can hold the office of district attorney, if there be such an one in the county; if there be none, then an attorney may be elected.
IV. Supervisors and county treasurers cannot hold the office of
County superintendent of the poor.
V. No sheriff, under sheriff, deputy, sheriffs clerk or coroner can practice as counselor at law during his term of office.
VI. Justices of the sessions must be acting justices of the peace in their respective towns.
VII. There are no other prohibitions in regard to age or re- election of county officers.
Q. What are some of their duties?
I. SHERIFF.
A. I. He is the executive officer of the county.
II. By himself or by his deputies, executes civil and criminal processes throughout the county.
III. Has charge of the jail and prisoners.
IV. Attends courts, and keeps the peace.
V. Must be present by himself or under-sheriff, at the drawing of jurors, and cause them to be legally summoned.
II. JUDGE.
I. He is the presiding officer in the county court.
II. He may with two justices of sessions, hold Courts of Sessions, with such criminal jurisdiction as the Legislature may prescribe,
III. The county judge of any county may preside at Courts of
Sessions, or hold County Courts, in any other county except New
York and Kings, when requested by the judge of such other county.
Art. VI, Sec. 15.
III. SURROGATE.
I. Takes proof of wills of real or personal property.
II. Grants letters testamentary of administrative.
III. Attends generally to the settlement of the estates of deceased persons.
IV. COUNTY CLERK
I. He is the clerk of the courts held in and for the county, namely: Circuit, Oyer and Terminer, County Court and Court of Sessions, and the Special Term.
II. Administers the oath to jurors and witnesses.
III. Records the judgments of the courts.
IV. Draws the grand and petit juries and makes a return of the same.
V. Records mortgages, deeds, satisfaction papers, &c.
V. TREASURER.
I. Receives the moneys collected by the several town collectors for county and state taxes.
II. Pays over to the comptroller the amount going to the state.
III. Pays out the amount due the county, as directed by law.
IV. Receives from the comptroller the school money due the county, and pays the same over to the several supervisors, as directed by the school commissioner's certificate.
V. Makes a general statement of the financial affairs of his office to the board of supervisors, annually.
VI. DISTRICT ATTORNEY.
I. He is the attorney for the county.
II. Presents complaints made to him accusing parties of crime, to the grand jury.
III. Draws "bills of indictment" when found by the grand jury.
IV. Tries indicted parties in the Oyer and Terminer, and Court of
Sessions.
VII. CORONERS.
I. Look after and inquire into all matters concerning persons slain, or who have died mysteriously.
II. Summon a jury, subpoena witnesses, and ascertain as far as possible all the facts in regard to the death.
III. In case of a vacancy in the office of sheriff, and there being no under sheriff, one of the coroners designated by the county judge, performs the duties of sheriff until said vacancy be filled by election or appointment.
IV. Have power to arrest the sheriff upon criminal processes.
VIII. SUPERINTENDENTS OF THE POOR.
Have the general care of the county poor house; appoint persons to take charge of the same; and render an account annually to the "board of supervisors" of their doings.
IX. JUSTICES OF SESSIONS.
I. Sit upon the bench with the county judge in the Court of
Sessions and with the Supreme Court judge in the Oyer and
Terminer, for the trial of such criminals as have been indicted by
a grand jury.
II. The law gives them just as much power in the decision of questions as the judge.
X. SCHOOL COMMISSIONERS.
I. Apportion the school moneys among the several districts in the county.
II. Make an annual report to the superintendent of public instruction, containing all the statistics embraced in the several reports from the trustees of his district.
III. Visit and examine all the schools and school districts within their districts as often in each year as shall be practicable; inquire into all matters relating to the management, the course of study and mode of instruction, the text books used and the discipline of such schools.
IV. Examine in regard to the "moral character," "learning" "and ability to teach," persons proposing to teach public schools in their districts; and if they find them, qualified, grant them certificates in the form prescribed by the superintendent.
V. Form new districts, or change the boundary lines of old ones.
VI. Organize at least once each year, or in concert with one or more commissioners in the same county, a "teachers' institute," and induce if possible all the teachers in their districts to be present and take part in its exercises.
Q. What are the salaries of each of these officers, or how paid?
I. SHERIFF.
A. I. Receives a fee on all papers served
II. Receives a per cent on money collected on executions.
II. JUDGE.
Receives a salary established by the legislature, varying in different counties according to population and business.
III. SURROGATE.
I. Receives a salary, varying in different counties, according to business.
II. When the judge performs the duties of surrogate the one salary suffices for all the duties performed.
III. The surrogate is entitled to a clerk.
IV. COUNTY CLERK.
I. Receives a fee for all papers recorded.
II. Receives a fee for administering oaths in court.
III. Is paid extra for copying or re-indexing old records.
V. TREASURER.
I. The county treasurer shall receive an annual salary fixed by the "board of supervisors."
II. The salary shall be established by the "board," at least six months before his election.
III. The salary shall not be increased nor diminished during his term of office.
VI. DISTRICT ATTORNEY.
I. A salary fixed by the board of supervisors, when they resolve so to do.