USA > Pennsylvania > Chester County > History and progress of Chester County, 1962 > Part 6
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Chester County Safety Council
At the request of an already organized Safety Council, official recognition was granted by the Commissioners within the past few years as a non-profit, non-political organization. Its purpose is directed toward the safety of the public by education and is devoted to the control of domestic, industrial and highway accidents. The Council is directed by a Chairman and is composed of public spirited citizens contributing their time.
Registration Bureau
Because voting is one of the most precious privileges and responsibilities of an American citizen, meticulous attention is paid to each detail of the
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mechanics of voting and the registration of voters. A permanent Registration Commission has been established under the Permanent Registration Act of April 29, 1937 (except Philadelphia), which makes the counties responsible for registration. Under it the County Commissioners are required to act as the Registration Commission. Once registered, a voter need not re-register unless, because he has not voted within a two year period, his registration has been cancelled. Even then, if he files his re-instatement application within ten days after having received notice that his registration will be cancelled, his registration will remain active. Registration may be accomplished at either the office of the Registration Commission in the Court House Annex or at the proper location in the various municipalities throughout the County which the Traveling Registrars visit as they make their rounds offering their services to all eligible citizens. The sites chosen by the Traveling Registrars are always well publicized in advance of the Registrar's visit. Registration of voters closes fifty days prior to all Primary Elections, and reopens five days after Primary Elections; it closes fifty days prior to all Municipal and General Elections, and reopens thirty days following such elections. A qualified voter, moving from one precinct to another within Chester County, need not re-register. Instead, by applying for and completing and returning a change of address form, the Registration records are adjusted without the voters having to appear in per- son. A qualified voter may change party affiliations only between the November elections which are held on the Tuesday following the first Monday in Novem- ber, and Primary elections which are held on the third Tuesday of May each year except in the year of the nomination of a President of the United States in which year the General Primary shall be held on the fourth Tuesday of April. To be eligible for registration, a person must have been a citizen of the United States for at least one month. He or she shall have resided in the Common- wealth of Pennsylvania for at least one year, (except) that a person who had previously been a qualified voter or native born citizen of the State and re- moved from that State, must have returned six months prior to the election. Further, a person must have resided in the election district where he or she shall offer to vote at least two calendar months. A minor who will be twenty-one years of age not later than the day after any election may register and vote at that election. It is necessary, however, to register prior to the final date of registration. Persons in actual military service may register by mail. Since no one can vote unless registered, the work of this department is very extensive in keeping the registry rolls up to date. Modern files and equipment are installed as the department expansion demands.
Retirement Board-Social Security
Chester County established a retirement system early 1943 under the Fourth Class County Retirement Law of July 8, 1941. The administrators of the Board are the County Commissioners, Treasurer, and the Controller. All County Employees on a yearly or monthly salary basis are required by state law to
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join the system. Elected officials may join. They contribute sums to the retire- ment fund calculated on an actuarial basis according to their age and the amount of their salary. The County matches dollar for dollar the amount con- tributed by employees. The pension to which an employee is entitled is de- termined by the length of service and by the average salary for five years of the highest salary return. An employee may go on voluntary retirement on reaching the age of 60. Desired retirement age is 65, while maximum retire- ment age is 70. One dismissed after ten years of service without reaching the age of 60 is entitled to receive a pension. Social Security status has been made available for all employees, in addition to retirement fund benefits. Social Security status was made available for all employees in March 1957, retroactive to January 1956. Limitation of annuities is placed at eighty percent of average salary for last five years before retirement.
Salary Board
Chester County operates under a Salary Board as provided under the Act of 1955. The Board is composed of the County Commissioners and the Con- troller, and the elected row officers when salaries in their departments are to be considered. All county employee salaries and increments are determined by this Board except those of elected officials, whose salaries are determined by the legislature. To eliminate the haphazard system of the past for consider- ing salaries, the Commissioners in 1960 caused the first complete study and evaluation of the duties and salaries for all county personnel under the jurisdic- tion of the Board to be completed. From the fundamental studies were de- veloped job specifications for each classification; salary averages were gained for those prevailing for like classifications in other fourth class counties and in local area industry, and salary ranges were established for each classifica- tion as a guide or blue print. With this information the Board can approach the salary problem more scientifically and thereby render more equitable and just decisions.
Group Insurance
It is provided by the County at no cost to the employees until no longer employed. New employees must be on duty three months before insurance becomes effective.
Sealer of Weights and Measures
The first Regulator of Weights and Measures was appointed by the Gov- ernor in 1741. Protection of the public, through inspection and testing of all scales and measuring devices in business establishments, was provided by Acts of 1911 and 1921. This is another service given by the County. Periodic inspec- tions and test visits are made by the Sealer, and his deputy inspectors. Scales
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found to be inaccurate are removed from service until corrected and retested. When the Sealer of Weights and Measures and his deputies discover a device used deliberately to cheat the public in weight or measure, the device is con- fiscated and the user prosecuted. All gasoline pumps are checked at specified intervals to assure that correct measure is being given.
Surplus Foods
Setting up the surplus food program by the County Commissioners in 1954, making distribution of food to the needy in cooperation with the United States Surplus Food Commodities through the Commonwealth of Pennsylvania De- partment of Property and Supplies, is another important function which meets the needs of a segment of our residents. Basically, those residents of Chester County receiving food items are those on Social Security, those getting aid from the Pennsylvania Department of Public Assistance, those whose needs are determined by light or limited income, unemployed or part-time employees, and regularly employed persons with large families with insufficient income. The first distribution of food was made in December, 1954. Commodities which have been available and distributed were butter, cheese, dried milk, rice, beans, wheat flour, corn meal flour, shortening, lard, luncheon meat, pork and gravy and powdered eggs. The warehouse for the storing of surplus food has been established by the County in Coatesville. The County makes distribution therefrom to the residents in the area. Distribution is made for West Chester at the Armory and at specific food stores throughout the County in Parkes- burg, Kennett Square, Oxford, Malvern, Wayne, Phoenixville, Spring City, North Coventry, and Downingtown. Total commodities distributed to the residents from the origin of the program to December 31, 1961, was 2,040,045 pounds (to 51, 168 families, or 225,490 portions).
Veterans Affairs
Another important service rendered by the County is the office of Veterans Affairs. This Bureau is a responsibility of the Commissioners. It was created by the County as provided under the Act of 1955, and operates under rulings of the Veterans' Administration. Duties are performed by a Director, an Assistant, and a Secretary. Offices are at 31 West Market Street next to the Court House. Its purposes are to render service, furnish guidance, render assistance, and act as a clearing house for information in all matters affecting veterans, their dependents, their widows and children, and the mothers of veterans, in matters of rehabilitation, insurance, pensions and bonus money after veterans have ben discharged from the service. It aids in obtaining hospitalization for veterans and in obtaining burial allowances. It distributes bronze grave markers and granite headstones provided by the County upon proper authorization. It marks graves in the County of veterans of all wars in which the United States has engaged. Annual appropriations are provided by the County to local
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veterans' organizations for patriotic exercises in honoring deceased veterans and for decorating their graves.
County Building-(New)
The new County Building under construction at the site of the old prison, New and Market Streets, West Chester, will cost approximately $600,000.00 fully equipped and furnished. This is another reflection of progress by the County Commissioners toward the alleviation of over-crowded office con- ditions in the Court House and the Court House Annex. Occupancy is ex- pected by early fall, 1962. In this building will be found the Chester County Library, Child Care Service and the County Superintendent of Schools. (See artist conception of the building elsewhere).
New Court Facilities
Again reflecting progress, to meet the needs of an expanding Court and additional county office space, planning, surveys and studies are now being developed for the alteration and expansion. Completion of this program will be initiated in the very near future.
Aerial View West Chester State College, West Chester
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THE COURTS
Courts
Beginning with the original County, Court was established at Upland in 1676. The first Court was held at Upland in the original Court House in 1680. Following the removal of the County Seat to Turk's Head (now West Chester) in 1786, the first Court held here was in 1786, and in the present Court House in 1874. The number of Common Pleas Judges presiding on the bench either appointed or elected since 1786, including our present judges, has been twenty- four, with one President Judge of the separate Orphans' Court. The County Courts are the corner-stone of our Government by Law.
Members of the Bar
The first member dates back to 1683.
Judicial District
Chester County constitutes the 15th district.
The Court of Common Pleas
This Court is concerned with civil cases, that is, disputes between parties in reference to personal property rights. The Court has original and unlimited jurisdiction over all kinds of civil actions. All cases tried before this Court involve either questions of law, or questions of fact. Questions of law are decided by the judges. This Court has jurisdiction over cases appealed from judgments obtained before a Justice of the Peace; from judgments rendered by the Workmen's Compensation Board; the Board for the Assessment and Revision of Taxes; Juries of View, and other administrative and semi-judicial bodies. In addition, it has jurisdiction in Habeas Corpus proceedings. There are three presiding judges in the Common Pleas Court of Chester County. The elected terms are for ten years. The annual salary is paid by the State.
Equity Court
The first Equity Court under that name for Chester County was founded in 1686 by the Justices of the Common Pleas Court. In Pennsylvania there are no separate Courts of Equity, and the Judges of the Court of Common Pleas have jurisdiction over these cases. Equity cases are heard without a jury, the Judge deciding both the law and the facts. In conducting an Equity case, the Judge is termed Chancellor. In those cases where there is not a plain legal
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JUSTICE LADER THE LAW IN CHESTER COUNTY IS FOR ITS CITIZENS IN EVERY TIME-A PIONEER OF 1700-THE SEKXXXPT 1750-THE SOIL DER CY 1776- THE LADY Of 1820-THE GENTLEMAN OF 1860-THE HOUSEWIFE P 19OO.THE MA\ \\D WOMAX OF 1OD. 5* *
Orphans' Court View of Mural
remedy, they are tried by a Court of Equity. Suits for injunctions or restraining violations of building restrictions are a common illustration of equity cases.
Criminal Courts
Prior to the Constitution of 1790, the Court of Oyer and Terminer for higher crimes and appeals was held by the Justices of the Provincial or Supreme Court, who made a circuit of the Counties at stated times. In Chester County there are two Criminal Courts: The Court of Oyer and Terminer and General Jail Delivery, and the Court of Quarter Sessions of the Peace. The Court of Oyer and Terminer is for the trial of persons accused of serious crimes, such as murder, rape, burglary, and arson. The Court of Quarter Sessions is for the trial of persons accused of less serious crimes, such as embezzlement, assault and battery, obtaining money under false pretenses and for the violation of many statutes such as the Liquor Control Act. In practice, these courts are held together, presided over by the same judges with the cases tried by the same jurors. The Judges of the Court of Common Pleas also preside over the Criminal Courts of Chester County. At present, there are five terms of Crimi- nal Court, held annually. The terms start in January, March, May, September and November. Jury trials are usually held for nine weeks each year. The names of these courts are derived from old English Law.
Juvenile Court
This court is a branch of the Criminal Courts, with jurisdiction over children up to eighteen years of age. This jurisdiction is exercised not only over chil- dren accused of violating some law but also over dependent and neglected
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Orphans' Court Scene
children. Sessions of the Juvenile Court are informal in nature and are referred to as "hearings," rather than "trials." In the event of hearings concerning dependent or neglected children, the Juvenile Probation Officer, or the Child Care Center frequently assists the Juvenile Court.
Separate Orphans' Court
The first Orphans' Court under that name, was held at Chester, in 1687. The chief functions of this court, usually operating without a jury, are the Administration and Settlement of Decedents Estates, Trust Estates and Minor's Estates. Until 1953, the Orphans' Court functions were presided over by the Common Pleas Judges. The separate Orphans' Court was established, in 1953. The Court functions with a President Judge. It may appoint guardians for the estates of Minors and Mental Incompetents (functions from which the name of the Court is derived), handle adoption cases, and hold jurisdiction over appeals from inheritance tax appraisements. Also within the jurisdiction of this court, is the operation of the Marriage License Bureau. In matters of birth certificates, any person born in Pennsylvania prior to January 1, 1906, may, under the Act of July 16, 1941, petition the Orphans' Court of his native county to have his birth record filed, corrected or recorded. The petition may be referred to a Master who holds a hearing and recommends to the Court either approval or disapproval of the petition. The elective term of President Judge is ten years. The annual salary is paid by the Commonwealth.
Jury Commissioners
By law, the qualified electors in the County may vote for one Jury Com-
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missioner. The effect of this is to elect one Jury Commissioner of the majority party and the other of the minority party. Trial by jury is provided by the Constitution of the United States, and originates in Old English Law, dating from the "Magna Charta" at Runnymede in the 13th Century, protecting the rights of man. The two Jury Commissioners with the Judges of the Common Pleas Court constitute the Jury Board which, under the Act of 1939, is now responsible for the selection of names put into the Jury Wheel. The term of office is four years with an annual salary of $950.00 paid by the County.
Jury Wheel Custody
This is a responsibility of the Jury Commissioners, and the keys are in the custody of the Sheriff.
Selecting Jurors
The first jury impaneled on the records of Upland Court was in 1678, and this was the first jury impaneled within the limits of Pennsylvania. In selecting names for prospective jurors, every conceivable human effort is extended, and every possible precaution exercised to make certain that intelligent resi- dents of good moral character and standing in the community are chosen for the all-important role of juror. Also, to eliminate any possible political favoritism, a Judge of the Court and the two Jury Commissioners, who are not members of the same political party, prepare rosters of Chester County residents from which potential jurors may be chosen. These names are checked carefully, and the neighbors of those nominated may be interviewed as to character and competency of those under consideration. Those names screened and known to represent citizens of good character are then turned over to the Jury Clerk who causes them to be prepared on special forms which are then folded with the name inside to assure complete secrecy. The Jury Wheel is filled by the Judge and Jury Commissioners annually, usually November. It is from this wheel that names of those chosen to serve as jurors are drawn by chance in open court. Attorneys and physicians in practice are never listed for jury service. No person under indictment, whether for felonies or mis- demeanors, is ever selected. Persons convicted of felonies are banned from serving on a jury. The number of names drawn from the Jury Wheel depends on the needs of the Courts for jurors, which in turn is based on the estimated number of cases to be tried.
Grand Jurors
The first Grand Jury of Record ever to sit in Pennsylvania was in this County, in 1682. They are selected as the first twenty-four names drawn for each term of Criminal Court. Jurors are paid $9.00 per day and seven cents per mile for the first day only, going to and returning from the county seat. Jury
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lists are prepared in September for the entire following year. A citizen wish- ing to volunteer for jury service should communicate with a member of the Jury Board.
Board of Viewers
The Board of Viewers is appointed by the Court composed of three persons, an Attorney, Layman and an Engineer. They are named for three year terms, in compliance with provisions of the Act 1955. The Court assigns a Jury of View, or Board of Review, when a petition is presented for the reviewing, laying out, opening, grading, altering, widening, vacating or construction of roads, sewers or bridges, or for the assessment of damages and benefits occasioned by such improvements; or for any appropriation of land by munici- palities or other corporations having power of Eminent Domain. The jury gives notices to parties concerned, conducts hearings, takes testimony and evidence, and then files a report with the Court of Quarter Sessions. These members of the Board of Viewers are compensated; the Chairman receiving $50.00 and each of the others $35.00 for each case in performance of their duties. They also receive traveling expenses of ten cents per mile.
Juvenile Home
Temporary detention facilities are provided for juvenile delinquents in a large home on West Gay Street, in West Chester, with a Matron and Staff under the jurisdiction of the County Commissioners. Those held there are received as alleged delinquents on order of the Juvenile Probation Officer.
Law Library
The Chester County Law Library is maintained in the Court House for the use of the Court, county officials and members of the County Bar Association. The Board of Commissioners provide annual appropriations in amounts as directed by the President Judge of the Court of Common Pleas, as provided by the Act of 1955.
Probation-Adult
The Desertion and Probation Officer is an agent of the Court, appointed by the judges and is responsible to them. His office is located in the Court House Annex. His duties fall into two categories: (I) probation and parole activities; (2) domestic relations work. Although the responsibilities of a probation officer at the county level do not normally include supervision of the more hardened criminals usually found at State or National level, they are arduous in nature and deal with human as well as legal problems. A rather imposing amount of work done by the Probation Officer has to do with marital difficulties and with
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the problem of non-support. During recent years, some 1,007 complaints were received from wives, alleging that their husbands were failing to support them. In such instances, a hearing before the proper court may be arranged and, if the court finds for the wife, a support order is issued, compelling the hus- band to contribute to the wife's support in a specified amount. Here in Chester County, however, only some ten percent of the more than 1,000 complaints ever reach the court. The Probation Officer arranges for the husband and wife to meet with him in the privacy of his office, discusses the problem with them as a friend, and seeks reconciliation. In some instances reconciliations are effected, the complaints withdrawn, and the couple attempts to resume their married lives. In other cases, the breach between the couple had become too wide for reconciliation but, through the medium of the Probation Officer, an amount of support mutually acceptable to both parties is arrived at and a hearing with its necessary costs is avoided. In all instances where support is involved, whether it be by mutual consent, or by court order, the collection and distribution of support orders are handled by this office and exceed a half-million dollars a year. All of the Probation Officer's energies, however, are not directed solely toward marital problems. He sees also to situations where indigent parents are seeking support from their children, and where mothers seek support from the fathers of children born out of wedlock. Adult parole in Chester County fortunately does not usually deal with the more
vicious of crimes, since convictions of most felonies result in confinement in a State Penitentiary. It is the responsibility of the Parole Officer, though, to check with the individual's activities during the probation period. Although the Juvenile Probation Officer maintains separate offices, there is close co- operation between the two. Ofttimes, at the request of the Juvenile Probation Officer, assistance will be given by the Adult Probation Officer, particularly when the juvenile concerned falls in the "nearly fully grown" category. In addition, the Chief Probation Officer has two assistants and an office staff.
Probation-Juvenile
The Juvenile Probation Officer is an officer of the Juvenile Court, appointed by the judges and responsible to them. This court is a branch of the Criminal Courts and has jurisdiction over children up to eighteen years of age. The office is located in the Court House Annex. Because children should be guarded from association and contact with crime and criminals and, in certain instances, be subject to wise care, guidance and control; the Juvenile Probation Officer is an important and valued ally of the Court. High on its list of duties is the investigation of cases of delinquent, neglected, or dependent children. Allega- tions, each of which must be looked into, are as many and varied as are the countless quirks of human nature and provide a never-ending parade of prob- lems to the Juvenile Probation Officer, the two assistants and the clerical staff. Complaints, or information indicating the need for action on the part of the Juvenile Probation Officer, may originate at many sources. Sometimes
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it may be a school teacher who spots the trouble, any of the police agencies in the county may provide the initial information or, in fact, any interested citizen may bring a situation to the attention of the Juvenile Probation Officer. Some of the more than a thousand cases handled a year by this office respond to the therapy of the Probation Officer's counsel and, having been corrected, need not be brought in before the Court. This is the ideal or happy situation but, unfortunately, all the problems confronting the Office are not that easily solved. If it becomes evident that a juvenile should be brought before the Court, necessary arrangements are made for an informal hearing. The word "Trial" is not used in connection with Juvenile Court Cases, and no jury is utilized; the judges conduct the hearing and determine all cases affecting children. The Court may make one of several decisions regarding the child, most of which involve the Juvenile Probation Officer. A child may be allowed to remain at home, or be placed in a suitable family home, subject, in either case, to the supervision and guardianship of the Juvenile Probation Officers. Or, a child also may be committed to a suitable institution or industrial or training school. In all instances, the Juvenile Probation Officer has the responsi- bility for making periodic reviews and submitting appropriate recommenda- tions to the Court.
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