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 30
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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 who 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 divide the State into districts embracing a number of counties, and a district attorney is elected in each district, who in some cases attends to all the legal work 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 duties 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 actions, 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 his county; to commence and prosecute all actions and pro- ceedings brought by any county officer in his official capacity; to defend all actions and proceedings brought against his county, or against any county officer in his official capacity; to give legal opinions and advice
to the county board or other county officers in relation to their official duties: 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 prosecute the same. The county attorney is required, when requested by the Attorney-General, to appear for the State in cases in his county in 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 many States the higher courts are given juris- diction over probate matters, and in others they have created districts in which are held probate courts, whose jurisdiction extends over several counties and takes in other matters besides purely probate affairs. In a majority of the States, however, particularly the Western and Northern States, they elect a county or a probate judge, who holds court and handles the probate matters which arise within his county. The juris- diction of these county or probate courts is not always confined ex- clusively to probate affairs, being frequently extended to many other matters, and they generally include such matters as apprenticeship affairs, adoptions, minors, etc. In some of the States they have both a county judge and a probate judge, and in these cases the jurisdiction of the latter is confined to such matters as are in line with probate affairs. In Missouri they have a probate judge, and also a county 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 given 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 remove 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 any court, or upon application of any individual or corpora- tion, 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 place on record the surveys made by him. While he is the official county 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 oaths; in certain cases provide 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 mentioned which 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. This official county board is generally termed the county "board of supervisors," or "board of commissioners," but there are some exceptions to this, like Missouri, where the county board is known as the "county court." There is considerable difference in the make-up of the county board in the various States. In some it is made up of one member 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, which 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- resenting districts into which the counties in question are divided.
The general powers of the county board throughout of all the States is about the same, 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. The county board has general charge over the affairs of the county. their duty to provide county offices, provide desks, stationery, books, It is fuel, etc .; examine, 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 (HE 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 is no township organization the law provides that certain county offi- cials shall attend to the local work, or that work which in other localities is assumed by the township officials. But even where they have township organization the plan of township government in the different States where it exists differs so widely that scarcely any two States may be said to be alike. About the only statements concerning the organized townships that could be made which would apply to all the States are the following: Every organized township 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, hav-
ing various executive officers and a township board in which the cor- porate and legislative powers, of the township are vested. In other States they follow a plan which reserves to 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 voter of the town- ship hasa voide. At these meetings reports are had from the various township officials, and the necessary measures are adopted and direc- tions given for carrying on the township business.
Still other States combine good features from both of the plans above mentioned, and besides the other usual township officials they maintain a township board, which is given certain restricted powers, such as those of a review or an auditing board, but they are not vested with the complete corporate and legislative powers of the township, this being reserved in a large measure to the voters, and all questions call- ing for the exercise of such authority are acted upon at the town meet- ings. In many of the States the township board just described is made up of three or more of the other township officers, who are ex-officio members of the township board, and they meet at certain times, per- form the work required of them, and report to the town meetings.
The principal officials in township organizations in nearly all the States are the following: "Supervisors, or trustees," " clerk," "treas- urer," "assessor," " collector," "justices of the peace," "constables," " overseers, supervisors or commissioners of the highways," and " pound- masters," although as has been stated, many of the States do not have all of hese officials.
SCHOOL DISTRICT GOVERNMENT.
T HE " common school system," or, to speak with greater accuracy the method of governing school districts, in the various States, differs widely, yet all follow in a general way one of two separate and clearly defined methods, being amended in minor respects to meet local conditions and ideas. All of these methods have their excellent points, and yet it has been claimed by eminent educators that no one of them is free from fault and objection, nor has reached per- fection. It will be the aim in this article to briefly explain the principal features of the several methods, but it is not possible to go into detail in the matter of giving the system of school government that is followed in each of the many States of the Union. The constitution and statutes
of all the States agree, however, upon several points. They aim to pro- vide for a thorough and efficient system of free schools, whereby all the children of the States may receive a thorough common school education; they provide that all lands, moneys and other property donated, granted or received for school, college, seminary or university purposes, and the proceeds thereof, shall be faithfully applied to the objects stated; with two or three exceptions they provide that no appropriation shall be made or public funds applied in aid of any church or sectarian purpose, or to support or sustain any school, academy, seminary, college or university controlled or run in the interest of any church or for a sectarian pur- pose; and they prohibit the various school officials from holding any interest in the sale, proceeds or profits of any book, apparatus or furni- ture used in the schools in which they, as officers, are interested.
In many of the States they follow what may be termed the "inde- pendent school district" method, inasmuch as each district, so far as its corporate powers are concerned, is entirely separate and independent of other districts. Where this plan is followed the boundaries of each dis- trict are clearly defined, and each district is complete within itself. They elect a full set of district officials, and exercise their corporate powers and manage their district affairs within themselves. In this plan the corporate powers of the district are usually vested in a dis- trict board, which has general charge of the interests of the district, hires teachers, and makes such contracts and carries into effect such methods as is deemed necessary to raise the grade or aid in the effi- ciency of the schools. The measure of the authority given to these dis- trict boards is not the same in all the States, and in many States it is re- 1 stricted, and a part of the corporate power is reserved to the people themselves, the officials being required, in all important matters, to carry out the wishes and orders of the people of the district as expressed and decided upon at the "district school meetings."
Another method which is followed in many of the States may be termed the "township system." In such States the law provides for the organization of each township for school purposes, or as one large " dis- trict," and each township, so far as its educational interests are con- cerned, is organized, has the necessary officials and becomes a body politic and corporate. As a general rule, where this method prevails, the townships are divided into three or more sub-districts. All of these sub-districts are a part of the whole, and the finances and general busi- ness is generally managed by a township board made up of representa- tives from each sub-district. This board is generally clothed with the corporate powers, hires teachers, provides fuel and supplies and makes all the contracts necessary to carry on the various schools in the town- ship. As with independent districts, the powers of this board are not alike in all States where the township system prevails, for in some States their power is very much restricted, and is limited to certain offi- cial matters, the corporate powers and right to make important contracts being reserved to the people, who decide on these questions at what are termed the school meetings. In a few of the States where they follow the township system they have no official board. This is the case in In- diana, where they elect a township trustee, whose duty it is to look after all the educational interests of the township, subject to the approval of the people at the regular meetings. In most of the States where the township system prevails the law provides for the organization, under certain conditions, of sub-districts into independent districts, which gives them the power to elect their own officers and act independently of the other schools in the township.
In nearly all of the States one of the two general methods given above is followed, with certain changes to make the plan more efficient and satisfactory, and to better meet the desires and needs of the people of the different States. Many of the States combine good features from both these systems, as some of the States have the township system, wherein each sub-district has its own board, and so far as controlling its own affairs is concerned, is independent of all other districts. But local conditions, have in many instances made special and local provisions necessary that are different in each State, and while there may be a vast difference in the methods followed, their aim is the same, and, as a whole, the various systems have accomplished the result of giving throughout the length and breadth of the Union the grandest and most efficient system of free schools that the world has ever known.
CITIES AND VILLAGES.
N all of the States the laws provide for the local government of cities and villages, so that when they attain a certain population they may be seperated from, and thus manage their affairs inde- pendent of, the township in which they are located; both as to school matters and civil authority. In school affairs provision is made for handling the more complex educational interests of villages and cities-the school boards being made larger, and in many cases the scope of their authority is very much extended. In civil matters pro- vision is made in all of the States for the organization of villages and cities as corporate bodies, seperate and distinct from the townships, and providing for the necessary officers to carry on the affairs of the munici- | pality.
ENTERED ACCORDING TO ACT OF CONGRESS IN THE YEAR A. D.
1906, BY GEO. A. OGLE. IN THE OFFICE OF THE LIBRARIAN OF CONGRESS AT WASHINGTON, D. C.
SUPPLEMENT VIL.
GENERAL INFORMATION ON BANKING, AND BUSINESS METHODS.
GENERAL INFORMATION Banking and Business Methods.
RELATIONS BETWEEN A BANK AND ITS CUSTOMERS.
IN business life there is no more complex or important relation than that which exists between the business men generally and the banks, and it should be guarded wit .: jealous care, so that both may retain the full confi- dence of the other. Business development in the United States has pro- " gressed with such gigantic strides that it has long since passed the stage where it is even possible to carry on business without the agency of banks. They are to-day a necessity in the transaction of business and making ex- changes. It has been said, and with a great deal of truth, that in the present day the entire and sole object and result of business is the transfer of credits on the books of the banking houses; and that about the only use to which money is put is in making small change or paying balances. Bus- iness, in the most general and comprehensive sense, is almost wholly carried on by the ald of banks with checks, drafts and exchange. And it will be seen what a very important part the element of confidence plays in business life, when it is remembered that every check or draft that changes hands, implies the confidence on the part of the party receiving and accepting it, that it will be honored at the bank when presented.
OPENING AN ACCOUNT.
THE FIRST STEP in the matter of becoming a depositor and customer of a bank is the interview with the banker, either the President, or Cashier, as the case may be It unknown to the banker it is necessary for some one who is known to identify and vouch for the applicant as being honorable and straightforward, for banks are compelled to be careful in this matter as they subsequently must handle all the checks, drafts or exchanges that the prospective customer employs in his business, so that while the busi- ness of an honest man is valuable to them and is appreciated, that of a dishonest man is shunned by them as an element of risk and danger-the same to them as to every one else with whom he deals.
The identification and reference, however, being satisfactory the pros- pective customer is given a pass book or account book, writes his signature in a book kept for that purpose, is made known to the receiving and paying tellers, makes his first deposit and is then a full fledged customer and depositor of the bank.
DEPOSITS.
DEPOSITS are made in the following manner: A "Deposit Ticket" or "De- posit Blank" is furnished the customer, and he enters upon this a full description of all the items which he desires entered to his credit, stating whether it is gold, silver or currency and making a separate entry for each draft or check that he deposits. In entering such items as drafts and checks some banks require a separate entry for each item which will show upon what bank or at least what city or town each draft or check is drawn. After having endorsed his name on the back of all checks and drafts he hands the "Deposit Ticket," together with all the items named upon it, and his Pass Book, to the receiving teller, who examines it, checks off the various items to see that they are all there, and enters the total amount to the customer's credit in the "Pass Book ;" and it is also carried to his credit from the Deposit Ticket onto the books of the bank. The " Deposit Ticket" is an important feature of the transaction, and the customer is required to fill this out with ink. It bears his name and the date and is carefully pre- served for future reference by the bank to settle any dispute or difference that may arise. As all men are liable to error the depositor, to prevent mis- takes, should always see that the amount of the deposit is correctly entered in his book before leaving the bank, If a deposit is made when a customer has not his "Pass Book" a duplicate ticket should be taken, and the amount entered properly when next at the bank.
It will be seen from the above that all checks and drafts are entered to the credit of the customer at the time he deposits them, the same as cash items. The depositor, however, is held responsible for the non payment of all checks, drafts and other items deposited as cash until payment has been ascertained by the bank. The bank, however, must use due diligence in attending to them within a reasonable time. If a check or draft is held beyond a reasonable time and, meanwhile, the bank upon which it is drawn fails, the receiving bank would be compelled to lose it. Whatis a reason- able time, according to decisions of the courts, depends upon the circum- stances and varies in different cases. In cities, where they have a Clearing- House, checks on other city banks are expected to reach the Clearing-House on the next day succeeding the timeof the deposit; but as to checks and draftsdrawn upon other or distant cities, a reasonable time must be allowed for them to be presented for payment. If the banker, however, is negligent concerning it, he must stand the loss. Such cases very rarely, if ever, occur, and it may safely be stated that in the absence of any special or unusual conditions for all items such as checks, drafts, etc., the banker only receives them for collection for the account of the depositor and therefor acts only as his agent and as such is charged with using only due diligence in attend- ing to the business.
DISCOUNTS, LOANS, ETC.
HE word "Discount" is applied to interest when it is deducted from the amount at the time a loan is made-in other words, interest that is paid in advance. It is the general rule of banks in making "short time" loans to customers to give credit for the amount of the loan, less the interest.
Many business men fail to obtain the full benefit that a bank can give them, through hesitancy or diffidence in asking for a loan; and in many in- stances will borrow of a neighboring business man and thus, frequently embarass him, rather than go to the banker, whose business it is to help him through such times of need, when possible. This is what banks are established for largely, and they are always glad to "get their money out and keep it out" provided they can be reasonably sure of its return. If an applicant is unable to furnish reasonable security, or is irresponsible or unworthy he must necessarily be refused, but in securing money which he cannot guarantee the return of, whether it be from a banker or another business man he does an injustice to the interests of business generally. However, every business man in need of financial help, whether his needs be great or little, should go to the banker first and submit the situation, securities, etc. to him, as of all men'he is by training the best judge and ad- visor in such matters. He may be compelled to decline to give the required aid, but this refusal should never be taken as a personal matter, as it must be remembered that he has other interests to serve and depositors, stock- holders and directors to protect before following his own personal desires.
COLLECTIONS.
IN leaving notes or other items for collection the customer writes on the back of each the words: "For Collection for Account of " and places his signature below it. Upon receipt of this, the proper officer or clerk of the bank, will enter the items either in the back of the customer's "pass book" or give a separate receipt as the case may be. When the bank receives payment on the items the customer is notified and the amount is entered to his credit both on his Pass book and on the books of the bank the same as any other deposit. A bank in receiving paper for collection acts only as the agent of the customer and does not assume any responsibility beyond due diligence on its part. All banks make collections either in or out of the city where they are located for their customers at very moderate rates. These items should always be left at the bank before they become due,so as
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