USA > Indiana > Allen County > Standard atlas of Allen County, Indiana : including a plat book of the villages, cities and townships of the county patrons directory, 1898 > Part 10
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III UIENANT-GOVERNOR.
The office of Lieutenant-Governor does not exist in all of the States in the Union, at least not under this name, as in a few of the States this officer is only known as the President of the State Senate. In some of the States the Lieutenant Governor is paid a certain amount per day during sessions of the Legislature or General Assembly, and in others he is allowed a fixed salary, but it is provided that if the duties of Gov.
ernor should devolve ujion him, he shall during the continunuce of such emergency be entitled to the emoluments thereof, "The principal duty of the Lieutenant Governor is to act as the presiding officer of the State Senate or Upper House of the State Legislature. fn case a vacancy should occur in the office of Governor, the Lieutenant Governor would act as Governor until such vacancy was filled by election; and in all cases where the Lieutenant-Governor is unable to act as presiding officer of the Senate, a President pro tempore is chosen by that body. The Lieutenant-Governor lins no vote in the Senat- except in cases of n tie or equal division of the members.
SI CRLTARY OF STALF.
The office of Secretary of State is one of the most important offices within the gift of the people of a State, and the office exists under this name in every State in the Union The Secretary of State may be said to be the official secretary of the Governor, and countersigns all com- missions Issued by the chief executive, and he is the custodian of the Great Senl of the State. As a rule it is the duty of the Secretary of State to call the flouse of Representatives to order and preside until a temporary prespling officer, or Speaker, is elected. It is his duty to see thit halls are prepared for the Legislature or General Assembly; he prepares the legislative manual and causes it to be printed and dis- tributcd; secui es the printing and distribution of the State laws; indexes and files executive documents; provides and distributes election blanks; las charge of all books, bills, papers, etc., of the Legislature, and is practically "keeper of all public acts, Inus, records, honds, etc." The Secretary of State is required to keep a register of all the official acts of the Governor, and affixes the Seal of the State toall official commissions, etc, keeps n record of them, and is obliged to give any person a copy of the sante when demanded. In all of the States the Secretary of State Is ex officio member of a number of the official State boards, but no list of these could be given that would apply to all States, as they are different in the various States.
STATE AUDITOR.
The office of Audior of Mate exists linder one name or another in Cearly every State in the Union. The title of thuis office, however, 15 1101 alike in all the States, as in many of them, notably California, Connect. cilt, Florida, Georgia, Maryland, Nevada, New Jersey, New York, South Carolina, Tennessee, Texas, and a few others, it is kuown as State Comptroller. In a few of the States, including Michigan and Pennsyl- vania, the office is called Auditor-General, and in two of the States the public accounts are andited by a Board of Auditors. In all the States, however, the duties that devolve upon tlus branch of the State govern- ment are practically the same, and a general explanation of the scope of work handled by the State Auditor in one State will apply, except .is regards minor details, to all of the States. It is the duty of the Sinte Auditor to keep the accounts of the State with any other State or Terri- tory, and with the United States and all public officers, corporations and unlividuals having accounts with his State, He nudits the accounts of all public officers who are to be paid out of the State Treasury, and all persons who are authorized to receive money out of the State Treasury. In fact, all claims against the Sinte which are to be paid out of the State Treasury must be presented to the Auditor, who, after the saine Is adjusted, issues warrants therefor payable at the Treasury. A com- plete record of eich warrant is kept by the Auditor, who also keeps an account with the State Treasurer, charging him with all moneys paid into the Treasury, and giving credit for all warrants paid, and the hooks And vouchers of the Treasury must balance therewith, as settlements are made between these two officers at stated intervals. fn a number of the States the Auditor is charged with a general supervision over certaill corporations, such as insurance and banking corporations ,ind building and loan associations, and in some States is ex-officio a member of a number of State huards. He generally has authority to make an exe- cute satisfactions of judginents and assignments thereof in behalf of the State.
STATE TREASURER.
This is one of the most important executive offices in the gift of the people of a State. The State Treasurer handles vast sums of the peo- ple's money, and as a rule a very heavy bond, ranging from 8500,000 up into the millions, is required of lum; and generally the Governor Is ell- powered to demand additional bonds if he deems the bond insufficient to fully protect the State.
The duties of the State Treasurer are implied by the title of the office, nud they are very much the same throughout all of the States of the Union. The State Treasurer is custodian of all the State fuuds. He deposits these funds iu banks, which give bouds to secure the Treasurer or State against loss, and which pay interest on daily balances. The Treasurer pays out State funds only on warrants issued or sigued by the State Auditor, or other proper official, and a full record of all warrants is kept in both the auditing office and Treasurer's office. The plan hy which the Treasurer receives the revenues of the State is different in different States. In some Stites the Auditor issues an order for him tu receive the same and charges the amount against the Treasury In others he is charged with all moneys which he is entitled to receive, and then given credit for dehnqvencies. In still other States the Treasures issues duplicate receipts for all money's paid iu, which must be counter- signed by the Auditor to he valid, and one of these must he deposited with the Auslitor, so he may charge the amount against the Treasurei In this way a double system is carried on -- both Auditor and Tiensarei keeping a full account of all moneys received and paid out, and their hooks and accounts must balance, as at stated intervals the Treasurer must make settlements with the Auditor and subnuit books, vouchers, etc., to the Legislature. In most of the States the State Treasurer is required to publish at stated times, in the newspapers at the capital, an itemized statenient of the public accounts, expenditures, fumls, receipts and disbursements. He is also required to make n complete report and itemized statement to each session of the Legislature. In nearly all of the States the Inw is very explicit in outhuing the duties of the Sinie Treasurer, the following being very cumnion provisions in relation to the office, vi/ .. That a complete record of all moneys minst he kept. showing what is received or paid out of the various "funds," which "funds" must be exlubited in separate accounts. In sevent of the States the Governor and ove or two other State officials constitute .1 board, which must at certain times examine and check up the accounts, books and vouchers of the State I'rensurer and ascertain the amount of funds in the Treasury.
ATTORNEY-GENERAL,
The Attorney-General, as the name implies, is the general legal counsel or lawyer for the various brauches of the State government. In all of the States the powers and duties of the Attorney-General are very similar. It is huis duty to appear for the State in all actions and pro- ceedings in the Supreme Court in which the State has im interest; to institute and prosecute in all courts all actions, either for or against a State officer, in which the State has an interest; to consult with aml advise the various county or state's attorneys in matters relating to their official duties, and when public interest requires he assists them in criminal prosecutions ft is bis duty to consult with and advise the Governor and other State officers, and give, when requested, written opinions on legal or constitutiunal questions relating to their official duties, and to give written opinions when requested by the Legislature orany committee thereof. It is also his duty to prepare, when neces- sary, drafts for contracts or other writings relating to subjects in which the State is interested. He is required to enforce the proper applica- tion of funds appropriated to the various State institutions, and prose- cute breaches of trust in the administration of the same; and when
ENTERED ACCORDINO TO ACT OF CONGRESS IN THE YEAR A. D. 1935, BY' GRO A OGLE & CO. IN THE OFFICE OF THE LIBRARIAN OF CONGRESS AT WASHINGTON, D. C.
SUPPLEMENT V
DIGEST OF THE SYSTEM OF CIVIL GOVERNMENT.
necessary prosecute corporations lor bulure or relusal io comply with the laws, to prosecute official bonds of delinquent officers or corporal- tions in which the State bas an interest. The Attorney-General is requireil to keep i record of all actions, complaints, opinons, etc,
STATE SUPL.
ENDENT OR NE PERINT LIC INSTRUCTION.
FADENT OF PIB.
This is an office which exists in nearly every State in the Union. I three or lour of the States the management of the educational interests of the State is vested in a State Board of Education, but in these cases the secretary of the board assumes niost of the detail work that in most of the States devolve upon the State Superintendent. The full title given to this office is not the same in all of the States, but it is generally enlleil "State Superintendent of Public lustrucuon or Public Schools." In Ohio, Maine and Rhode Island, and a few others, the office is termed "Commissioner of Schools."
The duties of the State Superintendent are very much alike in all of the States, as he is charged with a general supervision over the edu- Lational interests of the State and of the public schools. In many States his authority is not limited to the public schools, and he is authorized by law to deinand full reports Irom all colleges, academics or private schools, It is his duty to secure at regular intervals reports from all public educational institutions nud file all papers, reports and docu. hients transmitted to him by local or county school officers. He is the general adviser and assistant of the various county superintendents or school officers, to whom he must give, when requested, luis written opinion upon questions arising under the school law. It is also his duty to hear and determine controversies arising under the school laws com- ing to him by appeal from a county superintendent or school official. He prepares and distributes school registers, school blanks, etc., and is generally given the power to make such rules and regulations as are necessary to carry into efficient and uniform effect the provisions of the Inws relating to schools, The State Superintendent is required to inake a detailed report to each regular session of the State Legislature, show- ing an abstract of the common school reports, a statement of the eoudi- tion of public schools and State educational institutions; the amount of money collected and expended, and all other matters relating to the schools or schon] funds that have been reported to him. He is for- bidden Irom becoming interested in the sale of any school furniture, book or apparatus.
STATE LIBRARIAN.
In nearly all of the States the laws provide for a State officer under the title of "State Librarian." As a rule the offce is filled by appoint- ment of the Governor, although in a few States it is an elective office and is filled by direct vote of the people. The State Librarian is the custodian ol all the books and property belonging to the State Library, and is required to give a bond for the proper discharge of his duties and safekeeping of the property intrusted to his care, as in many of the States the State Library is an immensely important and valuable col- lection. In some of the States the Supreme Court judges prescribe all library rules and regulations, In others they have a Library Board of Trustees, which is sometimes made up of the Governor aud eertain other State officials, who constitute a bonid of commissioners lor the management of the State Library.
ADJUTANT-GENERAL.
In nearly all of the States provision is illade for an Adjutant-Gen. eral, who is extlier elected by the people or appointed by the Governor. The name of the office implies the branch of work which is handled by its incumbent. It is the duty of the Adjutant-General to issue and trans- mit all orders of the Commander-in-Cluef with reference to the militia or military organizations of the State, He keeps a record of all military officers commissioned by the Governor, and of all general and special orders and regulations issued, and ol all other matters relating to the men, property, ordnance, stores, camp and garrison equipage pertain- Ing co thie State militia or military forees.
PUBLIC EXAMINER OR BANK LAAMINER.
This is a State office that is found in only about one balf ol the States, In some States w is knownas Bank Compholler and in others the Inties which devoh e upon this officer are loupdiet hy a " department" the State Audyor's office. The general duties and plan of conduet- Ing this work, in many respects, is very similar, hint there is a great dif- lerence between the various States in the offers who attend to st. Where this is made a separate State office, generally speaking, the requirements are that he must be a skilled account.int and expert book- keeper, and cannot be an officer of any of the public institutions, nor interested in any of the financial corporations which it may be his duty to examine. He is charged with the duty of visiting and mspecting the financial accounts and standing of certain corporations and institutions organized under the State laws. In several of the States it is also made his duty to visit certain county officials at stated intervals, and inspect their looks and necounts, and enforce a unilorin system of bookkeeping by State and county officers.
COMMISSIONER OR SUPERINTENDENT OF INSURANCE.
lir all of the States of the Umon the department relating to insur- avec has grown to be all important bruch of State government. 'I lie method of controlling the msurauce business differs materially in many of the States, although they are all gradually moving in the same diree- tion, viz, creating a department or State office in wlucb all matters relating to insurance and insurance companies are attended to, In for- mer years, in nearly all of the States, the insurance business formed a department in the State Auditor's office, and was handled by him or huis appointees Now, however, in nearly all the Northern States and many of the Southern States, they have a separate and distivet insurance department, the head of which is either elected by the people or appointed by the Governor, The duties and powers of the insurance department of the various States are very similar. A general pro- vision is that the head of this department nsst be experienced iv insur- anee matters, and he is prohibited from holding an interest in any insur- ance company. The Commissioner or Superintendent of Insurance bas extensive powers concerning insurance matters, atvl it is his duty to see that all laws respecting and regulating insurance and insurance con- panies nre faithfully observed; he issues licenses to insurance com- panies, and it is his duty to revoke the license of any company not con- forming to the law. Reports are made to lum ast stated tunes by the various companies, and he has power to examine fully into their condi- tion, assets, etc. He files in his office the vanous documents relating to Insurance companies, together with their statements, etc., and at regular intervals makes lull reports to the Governor or Legislature.
CONTINSIONER OF LABOR STATISTICS.
In several of the States A "Coninusslower al Labor Statistics " IS appointed hy the Governor, who is the head of what may be termed the labor hureau. lu a great majority of the States, however, this branch ol work is taken care of by a board of labor commissioners, a bureau of statistics or by the State Auditor and luis appointees. The general design ol this bureau or commission is to collect, assort and systematize, and present in regular reports to the Legislature, statistical details relating to the different departments of labor in the State, and make such recom- mendations as may be deemed proper and tiecessary concerning the commercial, industrial, social, educational and sanitary conditions of the laboring classes.
OTHER STATE OFFICERS.
In all of the States there exist one or more oflier State officers in addition to those already mentioned, which are made necessary by local condition or local business interests. It Is, therefore, unnecessary to mention any of these at length in this article. It may be stated, how- ever, that in all of the States niny be found two or more of the following State officers, and further, that each ove of the following-nameil officers is found in some State in the Union, viz .: Superintenlent or commissioner of agriculture, conivissioner of mines, secretary of agricultural board, secretary of internal affairs, cletk and reporter of the Supreme Court, commissioner ol railways, commissioner of immigration, State printer, State binder, land agent or commissioner, commissioner, register or superintendent of State land office, register of lands, commissioner of schools and lands, surveyor-general, inspector general, State oil inspec- tor, dairy commissioner.
STATE BOARDY
Besules the officers and departments winch have already been men. tioned, there Are a number of State bords or bureans tlint are necessary In carrying on the complex business connected with the government of n State. The following list of such Siate boards and buveans includes all that can be found in the majority of the States; some of them, how. ever, are only found in a few of the States, because they are ol a local nature and are only made necessary by the existence of certain local conditions or busmess interests, It will also be observed that some ol the boards named cover the same line of work that has already been nientioned as belonging to some State officer. This grows from the fact that a few of the States place the management of cestrun lines of work in the hands of a State board, while in others, instead of having a State board they delegate the powers and duties to a single State official. All of the States, however, have a number of the State boards mentioned in this list, the names of which imply the line of work each attends to, viz .: Railroad and warehouse commissioners, board of equalization, board or commission of agriculture, university trustees, board or commission- ers of public charities, eanal commissioners, penitentiary commissioners, board of health, denial examiners, trustees of historical library, hoard of pharmacy, commission ol claims, live stock commissioners, fish com- missioners inspectors of coal mines, labor commissioners, luwird of edu- cation, board of public works, board of pardons, assessment commis. SioneIS
LEGISLATURE OR GENERAL ASSEMBLY.
The law-making power of every State is termed the "Legislative Department " The legislative power, according to the constitutions of the various States, is vested in a body termed the Legislature or General Assembly, which consists of an Upper and Lower House, ilesiguateil usu. ally as the Senate and House of Representatives In a few of the States the Lower House is called "The Assembly ' In most of the States the Legislature meets in regular sessions every two years, but this is not the universal rule, as in a few of the States the law provides for annual sessions. In all of the States, however, a provision is made whereby the Governor may, on extraordinary occasions, call a special session by issuing a proclamation.
The Legislanve Department has the power to pass all such laws as may be necessary for the welfare of the State, and carry mio effect the provisions of the constitution. The Legislature receives the reports nf the Governor, together with the reports of the various ofber State offi- cers; they provide by appropriation for the ordinary and contingent expenses of the government; at regular times provided by law they apportion the State into political districts, and make all other provisions for carrying on the State government. There is a general prohibition against the passage of any ex post facto law, or Inw impawring the obli- gation of contracis, or making any irrevocable grant of special priv- ileges or immunities Any measure to become a law must be passed by both branches of the Legislature, and then be presented to the Gov- ernor for lusapproval. Il he withholds hus approval (or vetoes it), the measure way be repassed by a two-tlurds vote of the Legislature, when it will become a law notwithstanding the Governor's velo.
SENATE
The Senate is the Upper House of the Legislature or General Assem- bly. "The various States are divided into senatorial districts, i each of wluch a Senator is elected-the term of office varying from two to four years. Except in three or fowr of the Sultes the presiding officer of the Senate is the Lieutenant-Governor, although a President pro fem. Is usually electeil, who acts as presiding officer during the absence of the I.icutchant-Governor. The presiding officer has vo vote, however, in the Senate, except when that boily is equally ilivided. Every Senator has one vote upon all questions, and the right to be heard in advocating or opposing the pass ige of any measure brought before the Legislature. Iw filling all of the most important State offices that are to be appointed hy the Governor, the appointments wust he approved or confirmed by the Senate.
BOLSE OF REPRESENTAI
The Lower Honse of the State Legislature, in nearly if wot quire all the States of the Union, is termed the House of Representatives. Like the Senniors, every niember of the House has the right to be heard in advocating or opposing awy messwre brought before the body of which he is a member. The House is given the sole power of impeachment, but all impeachments must be tried by the Senate, As a general rule, there is a provision that all bills for mising revenue must originate in the House.
JUDICIARY.
The " Judicial Department" is justly regarded as one of the most important and powerful branches of government ol either the State or Nation, as it becomes the duty of thuis department to pass upon and interpret, and thereby eitber annul or give validity to all the most importaist measures and acts of both the legislative and executive branches of the government.
It is impossible in a general itrticle to give a detailed review or description of the construction nud make-up of the judicial departnients of the various States, The courts are so differently arranged both as to their make up and jurisdiction that it would be useless to try to give tbe reader a general description that would accurately cover the ground.
In all of the States, except, possibly, one or two, the highest judicial authority of the State is known as the Supreme Court, and unless ques- tions are uwolved wluch give the United States Courts jurisdiction, it is the court of last resort. The Supreme Court is made up of a chief justice and the several associate justices or judges as may be provided for by the laws of the various States, usually from four to six, Generally these officers are elected by the people, either from the State at large or (in three of the States) as representing eertun ilistricts, but this is not the case always, as tiv several States they are chosen by the Governor or Legislature, 'In all of the States the Supreme Court has appellate juris- diction both in law and in equity, and lins original jurisdiction mn reme- dial cases, mandamus, habeas corpus and cases relating to the revenue, but there is no trial by jury in this court.
Various other courts are provided for by the laws of the different States, such as appellate courts, circuit or district courts, jirobate courts, county courts, superior courts, municipal courts, courts of justices of the pence, etc. The jurisdiction of all these courts is, of course, inferior to that of the Supreme Court, and vanes greatly in the different States. Besides these, where there are large cities, various other courts are also established to aid iv caring for the enormous amount of judicial work
that arises from such vast and complex business niterests. The various courts are also provided with the necessary officials fur catrying on the judicial business-sueli as clerks of court, court reporters, hrulifis etc.
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