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 11
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COUNTY GOVERNMENT.
S O lar as the principal county offices are concerned, the geneml arrangenient and method of handling the public business is very inuch the same in all of the States, but the offices are called by Different names, and in minor details such as transferring from one office to anothor certain nunor lines of work-there are , number of points in which the method of countygovernment in the various States differs. The writer hasnulopted the nanies ol the principal county offices which are most common in the Northern States, as in the South. ern and New England States there are scarcely any two States in which the names or titles of all the county offices are ulentical.
HEDITING OFFICE AND CLERK OF THE COUNTY BOARD.
Generally the principal auditing officer of the county is known as the " county auditor" of " county clerk." In Bilinois, Kansas, Missomi, Wisconsin and many other States the offiec is called" county clerk ' In Indiana, lowa, Minnesota, North Dakota, Ohio and others it is termed " county auditor." In a few of the States under certain conilions this office is merged with some other county office. A notable example of this is in the State of Michigan, where they have one official, under ille simple title of " clerk," who looks after ahout all of the work which in most of the States devolves upon both the county clerk and alsoclerk ol court. In all of the States a bond in a moderate sum is required of the county clerk or auditor, and he is paid a salary of Irom 81,500 to 84,500 per year, besides in some States heing allowed certain lees, unless it is in a very large and heavily populated county, where the salary paid is of necessity much lugher than tlus amonnt. No county treasurer or niem- ber of the county board is eligible to this office In general ternis it many be stated as a rule the auditor acts as the clerk or secretary of the official county board, although in a few of the States the court clerk Is required to look after this matter. The clerk of the county board keeps an accurate record of the board's proceedings and carefully preserves all documents, records, books, maps and papers which may be brought before the board, or which the law provides shall be deposited av lus office. In the auditing office an accunite account is kept with the county treasurer. Generally they file the duplicates of the receipts given by tlie county treasurer, charging lum with all money paid into the treasury and giving credit for all warrants paul. The general plan of paying claims against a county is as follows: If the claim is one in which the amount due is fixed by law, or is authorized to be fixed by some other person or tribunal, the auditor issues a warrant or order which will be paid by the treasurer, the certificate upon which it is allowed being duly filed, In all other cases the claim must be allowed by the county board, and the chairman or presiding officer issues a warrant or order which is attested by the clerk. A complete record of all these county warrants or orders is kept, and the accounts of the county treasurer must balance therewith, The above in general terms outline the most important branch of work which the county clerk or county auditor looks after in most of the States, but in all of the States the law requires him to look afier a number of other matters, although in these there is no uniformity between the various States, and no general description of these nunor or additional duties could be given that would apply to all the States.
COIXTY TREASURER.
This Is an office winch exists in all of the States, and it is one of the most important of the various offices necessary in carrying on the bnsi- ness of a county, It is ay elective office in all of the States, and the term of office is usually either two or four years, but a very common provisiow in the various States is that after serving for one term as county treasurer a party shall be meligible to the office until the iwier- vention of at least one term after the expiration of the term for which he was elected. This provision, however, does not exist in all ol the States, as us some of them the county treasurer is eligible for re-election for any number of terms,
The general duties of the county treasurers throughout the various States is very similar. The county treasurer is the principal eustodinn of the lunds belonging to the county, It is his duty to receive .wid safely keep the revenues and other public moneys of the county, and all funds authorized to be paid to him, and disburse the same pursuant to law. He is required to keep proper books of account, in which he must keep a regular, just and true account of all moneys, revenues aud funds recewed by him, stating particularly the tinie, when, ol whion aud on what lund' or account each particular sum was received ; and also of all moneys, revenves and funds paid out by him according to law, stating particularly the time when, to whom and on what fundl payment is made from. The books of the county treasurer mitst always be subject to the inspection of the county board, which, at stateil intervals, examines his bock .nd inakes settlements with him. In some of the States the provision. & the law relating to county treasurer ire very strict; some of them provide for a county board of auditors, who are expected, several tinies a year, to examine the funds, accounts and vouchers of the treasury without previous notice to the treasurer; and In some it is provided that this board, or the county board, shall desig- nate a bank (or banks) in which the treasurer is required to keep the county lunds deposited-the banks being required to pay interest on daily or monthly balances and give bond to indemnify the county ag.unst loss, As a general rule the county treasurer is only authorized to pay out county funds on warrants or orders issued by the churman of the county board and atiested by the clerk, or in certain cases on warrants or orders of the county auditing office. A complete record of these warrants or orders is kept, ail the treasurer's necounts must balance therewith. In most of the States the Inw is very explicit in directing how the books and accounts of the county treasurer shall be kept.
COUNTY RECORDER OR REGISTER OF DEEDA.
In a few of the States the office of county recorder or register of deeds 15 merged with some other county office, in counties where the population falls below a certain amount, A notable example of this is found in both the States of Illinois and Missour {and there are others), wbere it is merged with the office of circuit clerk in many counties. The title of the joint office is "circuit clerk and recorder," aud the duties of both offices are looked after by one official.
The duties of the county recorder or register ol deeds are vety similar in the various States, although in some of the Eastern and South- ern States the office is called by other names. The usunt name, how- ever, is county recorder or register of deeds. In Illinois, Indiana, low.i, Missouri, Ohio and many other States, it is called "county recorder " In Kansas, Michigan, Minnesota, North Dakota, Wisconsin and mavy more it is called " register of deeds," In all of the States this office 15 the repository wherein are kept all records relating to deeds, mortgages, transfers and contracts affecting lands within the county. It is the duty of the recorder or register, as soon as practical after the filing of any instrument in writing in his office entitled to be recorded, to record the same at length, in the order of the time of its reception, in books pro- vided by the county for that purpose; and it is his duty to endorse on all instruments a certificate of the time wben the same was filed. All of the States have some of the following provisions concerning the duties of the recorder, but these provisions are not common to all of the States, viz,: The register or recorder is not allowed to record an instrument of
ENTERED ACCORDING TO ACT OF CONGRESS IN THE YEAR A, D. 1605, DY GEO. A. (IGLE & CO., IN THE OFFICE OF THE LIBRARIAN OF CONGRESS AT WASHINGTON, D. C.
SUPPLEMENT VI.
DIGEST OF THE SYSTEM OF CIVIL GOVERNMENT.
any kunt unless it is duly executed according to Inw, he is not obliged to recoril am instrument unless huis fees are paid in advance; as a rule, it is unlawful lor hun to recoril any map, plat or subdivision of land situated within any incorporated city, town or village until it is approved by the proper officers of the same. "In many States he is forhidden to enter , deed on the records until it has been endorsed " taxes paid" by the proper official, he is required to exhibit, free of charge, all records, and allow Lopies to he made, he is authorized to administer oathis and take acknow tedgnent s.
CIRCUIT OR DISTRICT CLERK, OH CLERK OF COURT.
In nearly , h of the States, each county cletis a " clerk of court or courts, somlelnite- also kinden as circuit clerk or district clerk, indicat- ing the . Mirt \ nh which the office is connected. In some of the States, as has already been stated, the office of clerk of court is merged with some ntlier county office. This is the case in Ilmiois and Missouri, where in nlany counties it is collected with the office of county recorder. In Michigan, one official muider the name of " clerk " handles the busi- cess which usually is given to the clerk of court and county clerk or unor In Wisconsin, Missouri, Illinois and other States the name used is " circuit clerk," In Kansas, Minnesota, North Dakota and in any others the office is called " clerk of district court;" while in many of the States, including liulmna, Ohio, lowa and others, it is called simply " clerk " or " clerk of the court or courts."
The chief duty of this official is to act as clerk of the district or cir- cuit court, and sometimes other courts of inferior jurisdiction. It is the clerk's duty to keep the seals and attend the sessions of their respective courts, preserre all the files and papers thereof, make, keep and pre- serre complete records of all the proceedings and determinations there- ) of, and carry out such other duties as may he required by the rules and orders of their respective courts. They must enter of record all juilg- ments, decrees and orders of the court as soon as possible after they are rendered; keep all indictments on file as a public record, hai e authority to administer oaths, take acknowledgments; take and certify deposi- tions, and are required to exhibit all records free of clinige. In nearly all the States the law defines the character of the record books which the clerk of court must keep. Although there is no settled rule in this matter, the general provisions are that he shall keep: First, a general docket or register of actions, in which is entered the title of each action In the order in which they are commenced, and a description of each paper filed in the cause and all proceedings therein; second, a plan- tiff's index and defendant's index; third, a judgment book and execution docket, in which he enters the judgment in each action, time of issuing execution, satisfaction, etc., and such other books as the courts or the laws may prescribe.
SHERIFF
In all of the States the office of sheriff is one of the most important of the county offices. The term of office vanies in different States, being usually either two or four years, and in several of the States one party cannot hold the office a second term consecutively. The general pro- visions outlining the duties pertaining to this office are very much alike in the various States, and the following resume of his duties may be said to apply to all of the various States except in a few minor and unim- portant details. The sheriff is charged with the duty of keeping and preserving the peace in his county; or, as has been written, "he is the conservator of pcace," and it is huis duty to keep the same, suppress riots, affrays, fighting, breaches of the peace and prevent crime, and may arrest offenders "on view " and cause them to be brought before the proper magistrate; and to do this, or to execute any writ, warrant, process, order or decree, he inay call to lus aid when necessary any per- sou or tbe " power of the county." It is the duty of the sheriff to serve and execute within his county, and return, all writs, warrants, process, orders and decrees of every description that may be legally directed and delivered to him. He is a court officer, and it is lus duty to attend, either in person or by deputy, all courts of record held in his county; by virtue of luis office he lias custody of the jail. It is huis duty to pursue and apprehend felons and persons charged with crime and has custody of prisoners. He is not allowed to purchase any property exposed for sale by him as sheriff,
COUNTY SUPERINTENDENT OR COMMISSIONER OF SCHOOLS.
This is an office which exists under one name or another in nearly every State in the Union. The title of the office in a greit majority of the States is "county superintendent," hut in Michigan, Missouri, Ohio, New York, and possibly one or two other States, the office is termed "school commissioner," and in sereral of the States the laws provide for at board of county examiners or school commissioners, who are given considerable of the work that in most of the other States is handled by the county superintendent.
The name of this office implies the duties which devolve upon it. and they are very much alike in all of the States. The incumbent of this office is charged with a general supervision over the schools of the county, and must be a fitting person as to education and moral charac- ter, As a rule it is their duty to examine ,ind license teachers, but in a few of the States provision is inade for a board of examiners. County superintendents are required to visit and inspect the schools at regular intervals, and give such advice and instruction to teachers as may be deemed necessary and proper. They are required to organize and con- duct institutes for the instruction of teachers if deemed necessary, and encourage teachers' associations. They introduce to the notice of teachers and the people the best niodes of instruction, the most approved plans of building and ventilating school-houses, etc., stimu- late school officers to the prompt and proper discharge of their duties, They receive reports from the various school officers, and transmit an abstract of these reports to the State Superintendent, adding a report of the condition of the schools under their charge. In nearly all the States they are forbidden having any Interest in the sale of any school furni- ture, apparatus or books used in the schools, In many States they have authority to annul a teacher's certificate for proper cause, and in gen- eral to take such steps and enforce such methods as will elevate and make more efficient the schools under their control,
COUNTY, PROSECUTING OR STATE'S ATTORNEY.
There is a great difference between the various States in the method of handling or attending to the legal business relating to county matters or growing from county affairs. In many of the States the official irho Attends to this line of work is known as the "county attorney," in other States he is called the State's attorney or prosecuting or district attorney. In a few of the States they divule the State into districts embracing a number of counties, and a district attorney is elected in each district, who in some cases atteuds to all the legal irork of the various counties, and in others he assists the county attorneys in their most important duties and prosecutions. But whatever plan may be followed in the various States, and whatever title may be given to this office, the general iluties of the office are very much the same throughout all of the States. It is the duty of the county attorney to commence and prosecute all .Ictions, suits, indictments, and prosecutions, civil and criminal, in any court of record in his county in which the " people of the State or county may be concerned; to prosecute all forfeited bonds and recognizances, and all actions for the recovery of debts, revenues, moneys, fines, etc., accruing to huis county; to commence and prosecute all actions and pro- Leedings brought by any county officer in fus official capacity; to defend all actions and proceedings brought against huis county, or against any Louuty officer in his official capacity; to give legal opinions and advice
to the county board or other county officers in relation to their official du les, to attend. if possible. all preliminary examinations of criminals, When requested, he is required to attend sessions of the grand jury examine witnesses in their presence, give legal advice and see that proper subpoenas and processes are issued; draw up indictments and prosecine the same The county attorney is required, when requested by the Attorney-General, to appear for the State in cases in his county tn which the State is interested, The county attorney makes an annual report to his superior State officer of all the criminal cases prosecuted by him
PROBATE OR COUNTY JUDGE.
The method of handling probate matters is not uniform throughout the various States, In niany States the higher courts are given juris- diction over probate matters, and in others they harc created districts in which are held probate courts, whose jurisdiction extends over several counties and takes in other matters hestles purely probate affairs. In n majority of the States, however, parucularly the Western and Northern States, they elect a county or a prohate judge, who holds court and handles the probate matters irlich arise within his county. The juris- cliction of diese county or probate courts is not always confined ex. clusively to probate affairs, being frequently extended to many other watters, and they generally include sich matters as apprenticeship affairs, adoptions, minors, etc In some of the States they linve both a county judge and a probate judge, and in these cases the jurisdiction of the latter is confined to such minutters as are in line with probate affairs. In Missouri they have a probate judge, and also a conlity court, com- posed of county judges, in whom the corporate powers of the county are vested-as the official county board. In Michigan they have a probate judge and a probate register The probate judge is generally giren original jurisdiction in all matters of probate, settlement of estates of deceased persons, appointment of guardians and conserva- tors and settlement of their accounts. They take proof of wills, direct the administration of estates, grant and revoke letters testamentary and of administration, appoint and remore guardians, etc.
COUNTY SURVEYOR.
This is an office which is common to nearly all of the States. It is the duty of the county surveyor to execute any survey which may be ordered by muy court, or upon application of any individual or corpora. tioo, and preserve a record of the surveys made by him. Nearly all of the States provide that certain records shall be kept by the county sur- veyor, and provide penalties for his failure to plice on record the surveys made by him. While he is the official cour ty surveyor, yet the surveys made by him are not conclusive, but may be reviewed by any compe. tent tribunal, and the correctness thereof may be disputed,
COUNTY CORONER.
This is another county office which exists in nearly all of the States. In the average county there is not much work for the coroner, but in the counties in which large cities are located the office is a very impor- tant one. In general terms it may be stated that the coroner is required to hold inquests over the bodies of persons supposed to have met with violent or unnatural deaths, In most States he has power to impanel a jury to enquire into the cause of death; but in some of them this is not the case, and he is given power to act alone. He can subpoena witnesses; administer oathis; in certain cases proride for a decent burial, and can bind over to the proper court any person implicated in the killing of the deceased,
OTHER COUNTY OFFICES.
The county offices that have already been mentioned are the prin- cipal ones found in all of the States. There are, however, a few other county officials besides those inentioned wluch exist in many of the States, and which should be briefly mentioned in this connection. These are such offices as county physician, county assessor, county collector, county poor commissioner or superintendent of the county poor-house, master in chancery or court commissioner, county examiners, board of equalization, board of review, etc. The names of these offices imply the duties. These offices do not exist in all of the States, but in nearly every State the law provides for one or more of these county officials.
COUNTY BOARD.
The powers of every county as a body politic and corporate are vested in a county board. Thus official county hoard is generally termed the county "board of superrisors," or "board of commissioners," but there are some exceptions to this, like Missouri, n here the county board is known as the " county court." There is consulerable difference in the make-up of the county board in the various States. In some it is made up of one mnemher from each township in the county. In others the counties are divided into districts, and one member of the county board is chosen from each district, No general description of this could be given that would be accurate, as some of the States follow both of these plans. For instance, in Illinois some of the counties are governed by a board of supervisors, mrluch is made up of one member from each town. ship, while other counties in the same State are governed by a board of county commissioners, consisting of three or more members, each rep- lesenting districts iuto which the counties in question are divided.
The general powers of the county hoard throughout of all the States IS about the sante, except in minor details. It represents the legislative and corporate powers of the county. One of their number is always chosen as chairman or president, and acts as the presiding officer, Tue
county board has general charge over the affairs of the county. It is their duty to provide county offices, provide desks, stationery, books, fuel, etc. ; exanime, investigate and adjust claims against the county, and have general care and custody of all the real and personal estate owned by the county. At regular intervals they settle with the county treasurer ; examine accounts and vouchers. They locate county roads ; determine the amount of county tax, and regularly publish a statement of their proceedings ; make statements of receipts, expenditures, etc., and make all contracts, and do all other acts in relation to the property and concerns of the county necessary to exercise its corporate powers that are not specifically delegated to other county officials.
TOWNSHIP GOVERNMENT.
T 11E method of township government throughout the different States varies so much that it is impossible in this article to treat of it more than in a general.way. In many of the States the townships are not organized as bodies corporate, and in other States in some counties they may have township organization, while in other counties in the same State it does not exist In cases where there isno township organization the litwy provides that ceitam county offi. cinls shall attend tothe local work, or that work trhich in other localities is assumed hy the township officials. But even where they have townslup organization the plan of township government in the different States where it exists differs so widely that scarcely any tivo States may be sud to be nlike. About the only statements concerning the organized townships that could be made which would apply to all the States are the following: Every organized townsluip in its corporate capacity has power to sue and be sued; to acquire by purchase, gift or devise, and hold property, both real and personal, for the use of its inhabitants, and again to sell and convey the same; and to make all such contracts as may be necessary in the exercise of its powers as a township.
In a great many of the States the township government is carried on after a plan very similar to the county and State governments, bav- | pality.
ing various executive officers and a township board in which the Lor- porate and legislative powers, of the townshup arc vested. In other States they follow a plan which reserves ;5 the people all corporate and legislative powers, and therefore have no need for a township board, but have various other township officers to carry out the wishes and orders of the voters. Where this plan prevails they hold what is gen- erally termed " town meetings," at which every legal roter of the town- slup has a vnice. At these meetings reports are had from the various townslup officials, and the necessary niensures are adopted and direc- tions given fur carrying on the township business.
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