USA > Michigan > Kent County > Standard atlas of Kent County, Michigan : including a plat book of the cities, villages and township. . . reference business directory, 1907 > Part 29
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COMMISSIONER OR SUPERINTENDENT OF INSURANCE.
In all of the States of the Union the department relating to insur- ance has grown to be an important branch of State government. The method of controlling the insurance business differs materially in many of the States, although they are all gradually moving in the same direc- tion, viz., creating a department or State office in which 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 his appointees. Now, however, in nearly all the Northern States and many of the Southern States, they have a separate and distinct 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 must be experienced in insur- ance matters, and he is prohibited from holding an interest in any insur- ance company. The Commissioner or Superintendent of Insurance has extensive powers concerning insurance matters, and it is his duty to see that all laws respecting and regulating insurance and insurance com- panies are 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 him at stated times by the various companies, and he has power to examine fully into their condi- tion, assets, etc. He files in his office the various documents relating to insurance companies, together with their statements, etc., and at regular intervals makes full reports to the Governor or Legislature.
COMMISSIONER OF LABOR STATISTICS.
In several of the States a "Commissioner of Labor Statistics" is appointed by the Governor, who is the head of what may be termed the labor bureau. In a great majority of the States, however, this branch of work is taken care of by a board of labor commissioners, a bureau of statistics or by the State Auditor and his appointees. The general design of 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 necessary 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 other 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 may be found two or more of the following State officers, and further, that each one of the following-named officers is found in some State in the Union, viz .: Superintendent or commissioner of agriculture, commissioner of mines, secretary of agricultural board, secretary of internal affairs, clerk and reporter of the Supreme Court, commissioner of 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 BOARDS.
Besides the officers and departments which have already been men- tioned, there are a number of State boards or bureaus that are necessary in carrying on the complex business connected with the government of a State. The following list of such State boards and bureaus 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 of a local nature and. are only made necessary by the existence of certain local conditions or business interests. It will also be observed that some of the boards named cover the same line of work that has already been mentioned as belonging to some State officer. This grows from the fact that a few of the States place the management of certain 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, canal commissioners, penitentiary commissioners, board of health, dental examiners, trustees of historical library, board of pharmacy, commission of claims, live stock commissioners, fish com- missioners inspectors of coal mines, labor commissioners, board of edu- cation, board of public works, board of pardons, assessment commis- sioners.
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, designated 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 Legislative Department has the power to pass all such laws as may be necessary for the welfare of the State, and carry into effect the provisions of the constitution. The Legislature receives the reports of the Governor, together with the reports of the various other 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 law impairing the obli- gation of contracts, 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 his approval. If he withholds his approval (or vetoes it), the measure may be repassed by a two-thirds vote of the Legislature, when it will become a law notwithstanding the Governor's veto.
SENATE.
The Senate is the Upper House of the Legislature or General Assem- bly. The various States are divided into senatorial districts, in each of which a. Senator is elected-the term of office varying from two to four years. Except in three or four of the States the presiding officer of the Senate is the Lieutenant-Governor, although a President pro tem. is usually elected, who acts as presiding officer during the absence of the Lieutenant-Governor. The presiding officer has no vote, however, in the Senate, except when that body is equally divided. Every Senator has one vote upon all questions, and the right to be heard in advocating or opposing the passage of any measure brought before the Legislature. In filling all of the most important State offices that are to be appointed by the Governor, the appointments must be approved or confirmed by the Senate.
HOUSE OF REPRESENTATIVES.
The Lower House of the State Legislature, in nearly if not quite all the States of the Union, is termed the House of Representatives. Like the Senators, every member of the House has the right to be heard in advocating or opposing any measure 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 raising revenue must originate in the House.
JUDICIARY.
The "Judicial Department" is justly regarded as one of the most important and powerful branches of government of either the State or Nation, as it becomes the duty of this department to pass upon and interpret, and thereby either annul or give validity to all the most important measures and acts of both the legislative and executive hranches of the government.
It is impossible in a general article to give a detailed review or description of the construction and make-up of the judicial departments 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 the 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 involved which 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 certain districts, but this is not the case always, as in 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 has original jurisdiction in 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, probate courts, county courts, superior courts, municipal courts, courts of justices of the peace, etc. The jurisdiction of all these courts is, of course, inferior to that of the Supreme Court, and varies greatly in the different States. Besides these, where there are large cities, various other courts are also established to aid in caring for the enormous amount of judicial work
that arises from such vast and complex business interests. The various courts are also provided with the necessary officials for carying on the judicial business-such as clerks of court, court reporters, bailiffs, etc.
COUNTY GOVERNMENT.
S O far as the principal county offices are concerned, the general arrangement and method of handling the public business is very much 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 another certain minor lines of work-there are a number of points in which the method of county government in the various States differs. The writer has adopted the names of 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 identical.
AUDITING OFFICE AND CLERK OF THE COUNTY BOARD.
Generally the principal auditing officer of the county is known as the " county auditor" or " county clerk." In Illinois, Kansas, Missouri, Wisconsin and many other States the office is called" county clerk." In Indiana, Iowa, Minnesota, North Dakota, Ohio and others it is termed " county auditor." In a few of the States under certain conditions 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 the simple title of " clerk," who looks after about all of the work which in most of the States devolves upon both the county clerk and also clerk of 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 from $1,500 to $3,500 per year, besides in some States being allowed certain fees, unless it is in a very large and heavily populated county, where the salary paid is of necessity much higher than this amonnt. No county treasurer or mem- ber of the county board is eligible to this office. In general terms it may 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 in his office. In the auditing office an accurate account is kept with the county treasurer. Generally they file the duplicates of the receipts given by the county treasurer, charging him with all money paid into the treasury and giving credit for all warrants paid. 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 after a number of other matters, although in these there is no uniformity between the various States, and no general description of these minor or additional duties could be given that would apply to all the States.
COUNTY TREASURER,
This is an office which exists in all of the States, and it is one of the most important of the various offices necessary in carrying on the busi- ness of a county. It is an elective office in all of the States, and the term of office is usually either two or four years, but a very common provision in the various States is that after serving for one term as county treasurer a party shall be ineligible to the office until the inter- 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 of the States, as in 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 custodian of the funds belonging to the county. It is his duty to receive and 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 and funds received by him, stating particularly the time, when, of whom and on what fund or account each particular sum was received; and also of all moneys, revenues and funds paid out by him according to law, stating particularly the time when, to whom and on what fund payment is made from. The books of the county treasurer must intervals, examines his bock of the States the provision. always be subject to the inspection of the county board, which, at stated md makes settlements with him. In some f the law relating to county treasurer are very strict; some of them provide for a county board of auditors, who are expected, several times 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 funds deposited-the banks being required to pay interest on daily or monthly balances and give bord to indemnify the county against loss. As a general rule the county treasurer is only authorized to pay out county funds on warrants or orders issued by the chairman of the county board and attested 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, and the treasurer's accounts must balance therewith. In most of the States the law is very explicit in directing how the books and accounts of the county tres surer shall be kept.
COUNTY RECORDER OR REGISTER OF DEEDS.
In a few of the States the office of county recorder or register of deeds is 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 Missouri (and there are others), where it is merged with the office of circuit clerk in many counties. The title of the joint office is "circuit clerk and recorder," and the duties of both offices are looked after by one official.
The duties of the county recorder or register of deeds are very similar in the various States, although in some of the Eastern and South- ern States the office is called by other names. The usual name, how- ever, is county recorder or register of deeds. In Illinois, Indiana, Iowa, Missouri, Ohio and many other States, it is called "county recorder.' In Kansas, Michigan, Minnesota, North Dakota, Wisconsin and many more it is called "register of deeds." In all of the States this office is 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 when 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. 1905, BY GEO. A. OGLE & CO., IN THE OFFICE OF THE LIBRARIAN OF CONGRESS AT WASHINGTON, D. C.
, SUPPLEMENT VI.
DIGEST OF THE SYSTEM OF CIVIL GOVERNMENT.
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any kind unless it is duly executed according to law; he is not obliged to record any instrument unless his fees are paid in advance; as a rule, it is unlawful for him to record 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 forbidden to enter a 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 copies to be made; he is authorized to administer oaths and take acknowledgments.
CIRCUIT OR DISTRICT CLERK, OR CLERK OF COURT.
In nearly all of the States, each county elects a "clerk of court or courts," sometimes also known as circuit clerk or district clerk, indicat- ing the court with 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 other county office. This is the case in Illinois and Missouri, where in many counties it is connected with the office of county recorder. In Michigan, one official under the name of "clerk " handles the busi- ness which usually is given to the clerk of court and county clerk or auditor. In Wisconsin, Missouri, Illinois and other States the name used is " circuit clerk;" in Kansas, Minnesota, North Dakota and many others the office is called "clerk of district court;" while in many of the States, including Indiana, Ohio, Iowa 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, preserve all the files and papers thereof, make, keep and pre- serve complete records of all the proceedings and determinations there- of, and carry out such other duties as may be required by the rules and orders of their respective courts. They must enter of record all judg- ments, decrees and orders of the court as soon as possible after they are rendered; keep all indictments on file as a public record, have authority to administer oaths, take acknowledgments; take and certify deposi- tions, and are required to exhibit all records free of charge. 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 plain- 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 mest prescribe.
SHERIFF,
In all of the States the office of sheriff is one of the most important of the county offices. The term of officevaries 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 peace," and it is his 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 may call to his aid when necessary any per- son or the " 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 his duty to attend, either in person or by deputy, all courts of record held in his county; by virtue of his office he has custody of the jail. It is his 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 great majority of the States is "county superintendent," but in Michigan, Missouri, Ohio, New York, and possibly one or two other States, the office is termed "school commissioner," and in several of the States the laws provide for a 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 and license teachers, but in a few of the States provision is made 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 modes of instruction, the most pproved plans of building and ventilating school-houses, etc., stimu- ate 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.
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