USA > Pennsylvania > Carbon County > History, government and geography of Carbon County, Pennsylvania > Part 9
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The officers of the township are elected on the first Tuesday after the first Monday in November. To be eligible for election each officer must have resided in the township for the year pre- vious to his election. All except the tax collector and the con-
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stable may be re-elected. The officers in a second class township follow. The first class townships have all of these except the supervisors, and, in addition, a treasurer, an auditor, and a board of five commissioners.
THE SUPERVISORS.
Second class townships have three supervisors. In first class townships the duties of the supervisors are attended to by the com- missioners. They repair and keep in order the roads and bridges of the township, and to meet the expense of so doing they levy a tax which may not exceed ten mills on the dollar. In some town- ships the custom of "working out" the road tax prevails. By this plan each taxpayer is given an opportunity to work at mending the roads at a fixed amount per day, usually $1.50, until the amount of tax levied upon the individual is worked out.
If the voters vote against "working out," the State pays 15 per cent. of the "worked out" tax. In some localities the fixing of the roads is given to the lowest bidder for a year, or for a period of years. In Mauch Chunk and Banks Townships this is the case and there are no road taxes levied.
New roads must be recommended by a road jury, consisting of three men, who have been appointed by the court. However, the court itself must approve of the proposed new road. The value of the damage that is done to property owners by new roads is fixed by the road jury; and the damages so caused are paid by the county, but the cost of the new road falls upon the township.
The State now appropriates money to put some of the principal roads in the county into better condition. The State pays three-fourths of the expense involved and the county and the township divide the other fourth equally. The road leading east from Weissport, or from Lehighton to Mauch Chunk, is an example of such a State road. It must be built according to plans and specifications given by the State Highway Commissioner.
JUSTICE OF THE PEACE.
Justices of the Peace, two in number, are elected for a period of five years. There is usually so little for them to do that only
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one of them applies for his commission from the Governor. He holds a petty court for both civil and criminal cases. He issues warrants for the arrest of persons charged with crime. Any civil suit in which the amount involved is not over $300 may be brought into his court. His decision is final, however, only in suits involving $5.33 or less. He administers oaths, attests signatures, and may issue search warrants, or perform a mar- riage ceremony. He may receive in his court suits coming from any part of the county, but not from any other county.
Persons arrested by the constable are usually brought before him for trial." He generally hears nothing but evidence against them, and releases them, or, in default of bail, sends them to jail as he thinks their case may warrant. In some of the minor cases, he may himself punish them by fine or imprisonment. He fixes the amount of bail upon which a prisoner may be released from jail until the time of his trial, and he decides whether the bail procured by the prisoner is satisfactory. A person whom he refuses to release on bail, may be removed from jail only by a writ of habeas corpus (have you the body) issued by the court. He has the authority to hold inquests in the absence of the coroner. He is paid by fees.
THE CONSTABLE.
The constable is elected for a term of four years, and his general duty is to preserve the peace of the township. He per- forms for the petty court of the Justice of the Peace the same duties that the Sheriff performs for the county courts. When authorized to do so, he serves summons on witnesses, searches the premises of suspected persons for stolen goods, and arrests parties suspected of crime. He has the authority to arrest parties violating the law without the usual warrant of the Justice of the Peace. He posts the official notice of the township election, and is supposed to be present at court to report any violations of the law that may have taken place in his township. He notifies persons of civil suits brought against them before the Justice of the Peace. He is the fire, game, and fish warden in the township. Like the Justice of the Peace, he is paid by fees.
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THE ASSESSORS.
The assessor is elected every three years. His duties keep him busy for about three months in the year. He is supposed to put a value upon all property once every three years. This is called the triennial assessment. In the two years which intervene he values new buildings which may be erected and makes such alterations in the valuations of property as the changes of the year may have made necessary. He makes a list of all moneys invested by the people living in his district which is sent to the State Capital, and on the basis of this report the investors are required to pay a tax of four mills to the State. Taxes of every kind are levied on the valuations fixed by the assessor. The County Commissioners may change the values so fixed, and in case they fail to do so, or if dissatisfaction is felt with their decision, appeal may be had to the courts.
A valuation is placed upon the occupation of every voter in the township by the assessor. All the taxes are levied on this basis. Farmers do not pay taxes on an occupation valuation. Parties having no real estate must pay an occupation tax within the two years next preceding the election at which they desire to vote in order to be allowed to do so. Every assessor makes out a list yearly of all the voters of the township. This list is supposed to be posted at the voting place. All the births and deaths during any given year are reported by him to the Clerk of the Orphans' Court.
Each assessor has as many assistants as there are election districts in the county. These assistant assessors are elected annually. It is their duty to make out the list of school children between eight and sixteen years of age for the County Commis- sioners. They are often called Registration Assessors. Assessors receive $2.50 a day for each day's work.
TAX COLLECTOR.
The tax collector is elected every fourth year. He collects all of the township taxes except the road tax, which is collected by the supervisors. He receives as pay a commission varying
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from two to five per cent. on the money he collects. His term begins on the first Monday in April next after his election. He is required to give good security for the faithful performance of his duties.
SCHOOL DIRECTORS.
Two school directors are elected in every township at each election. There are six in all. The school directors have charge of the schools. They appoint teachers and fix their salaries; they build new school houses when they deem it necessary and see to the care and repair of the old ones; they fix the length of the school term and adopt the course of study; they levy the school tax and furnish the books and supplies needed. The directors of the entire county meet annually, and in May of every fourth year they convene to elect the County Superintendent. Women are eligible to be school directors and county superintendents. The only time women vote in this state is as school directors when they may vote for county superintendent. School directors receive no salary. The secretary of the School Board often receives pay for his services, and the law allows the treasurer a commission of not more than two per cent. on the money expended.
The State now appropriates $7,500,000 annually for school purposes, to the various school districts. One-third of this is divided in proportion to the number of teachers employed, one- third in proportion to the number of children between eight and sixteen years of age, and one-third in proportion to the number of taxpayers. It costs about $30,000,000 to conduct the schools of the United States one year. No teacher may be paid less than $40 a month.
THE TOWN CLERK AND THE AUDITORS.
It is supposed that the town clerk shall keep a record of all stray cattle and dispose of them if no owner appears to make satisfaction for such damage as they may have done, also keep the accounts and records of the supervisors. The office is generally unfilled.
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The auditors are elected for a term of four years, and it is their duty to audit the accounts of the township officers and see that the taxes are properly collected and spent. Their report must be published in the newspapers and is usually posted in some conspicuous place. They receive $2 a day for each day of eight hours in which they are actually engaged in their duties.
THE BOROUGH.
REASONS FOR BOROUGH GOVERNMENT.
It has been learned that township government does very well for a locality where a small number of people are scattered over a large area. When, however, a large number of people attempt to live in a small space so that pavements, street lights, a water supply, and a sewer for the disposal of sewage must be provided, the township form of government will no longer meet the needs, and borough government is organized. A borough government may be secured whenever the majority of the voters of a village petition the Court of Quarter Sessions for the same. A population of 300 is usually considered the number necessary for incorporation into a borough, but there is no required population. When the court receives a petition, it is referred to the Grand Jury, and if this reports favorably, the borough is incorporated. As a borough some of the officers now have greater authority and more duties than they had as township officers. As the borough increases in size, if the majority of voters request it, the court may divide the borough into wards.
THE BOROUGH COUNCIL.
Laws and regulations for the management of Borough affairs are made by the Council. Such laws or rules are called ordinances. The Council is made up of men called Councilmen who are elected for four years and serve without pay. In boroughs having but a single ward there are seven councilmen, three or four being elected each election. A borough which has been divided into wards usually has from seven to nine councilmen, each ward electing from one to three of the members of the Council.
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Under the control of the Council are such things as levying taxes, paying bills, and, when necessary, borrowing money. It may macadamize the streets, provide lights, build fire houses, construct sewers, and furnish a water supply. It arranges for the cleaning of the streets, and provides protection against loss by fire. The Council must draw an order upon the treasury for all the borough bills before they can be paid. It employs each year a borough surveyor, a treasurer, and a secretary. All ordinances which pass the Council by a majority vote become a law in the borough, if signed by the Burgess; when he is unwilling to sign it he, vetoes it, in which case it can become an ordinance only if it again passes the Council by a two-thirds vote.
THE CHIEF BURGESS.
The Burgess is the executive officer of the borough. He is elected for four years and can not succeed himself. It is his duty to sign or veto the borough ordinances, and see that those signed are enforced. He has the power to arrest offenders against the ordinances; he may decide upon the guilt and punishment of offenders arrested by the police. It is his duty to attend the first meeting of a newly elected Council, and, if necessary, help in its organization, having even the right to vote if the votes are evenly divided.
The Council may allow him a salary of not more than $50 for every 1,000 of population.
OTHER BOROUGH OFFICERS.
The assessor, the treasurer, the auditors, justice of the peace, constable, and the school directors in a borough have duties similar to those holding the same offices in a township, the school directors usually numbering from one to three to each ward.).
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CHAPTER V. COUNTY GOVERNMENT.
The oldest political divisions of the state are the counties. Many of the counties were organized while the state was yet a province. The three which were first organized were Chester, Philadelphia, and Bucks. These counties extended entirely across the state to the southern border of New York, and were organized in 1682. When Northampton County was erected in 1752 it comprised all of the present counties of Northampton, Lehigh, Monroe, Pike, and Carbon. It was erected out of what had been the northern part of Bucks. Carbon County was erected out of Northampton and Monroe by an act passed and approved March 13, 1843, Monroe having been erected out of Northampton and Pike in 1836.
A new county may be organized only by the State Legislature. The State Constitution provides that no new county may be established, nor an old one reduced in size so as to have an area of less than 400 square miles or a population of less than 20,000 inhabitants. It will be noticed that Carbon is about as small as the law will allow, and many others are much larger. Additional counties are not often or readily formed.
A discussion of the county officials follows. The constitu- tional provision enumerating these officers reads thus:
"County officers shall consist of sheriffs, coroners, prothono- taries, registers of wills, recorders of deeds, commissioners, treasurers, surveyors, auditors or controllers, clerks of the court, district attorneys, and such others as may from time be estab- lished by law."
In compliance with the latter part of the foregoing para- graph the General Assembly has created a number of other officers, among which, in this county, we have jury commissioners, county solicitor, mercantile appraiser, and county superintendent. For
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the sake of convenience the county superintendent will be treated in a separate chapter on schools.
All the county officers are elected at the November election for a term of four years except the solicitor, the mercantile appraiser, and the county superintendent. To be eligible to hold one of these offices, the holder must have been an inhabitant of the county for one year. The officers who have the care and keeping of important public records are required by the State Constitution to have their offices at the county seat. The sheriff and the treasurer may not hold the office for two successive terms.
Each county officer receives a commission from the Governor of the state. This he must have before he can assume the duties of his office. It is issued through the office of the Secretary of the Commonwealth, and the receiver is required to pay a fee of ten dollars for it.
THE COUNTY COMMISSIONERS.
There are three of these officers elected for a period of four years. They have charge of the business interests of the county. They control the court house, jail, county bridges, and the like. They fix the rate of the county tax, provide the ballots, and secure the voting places for all the county elections. They give instructions to the assessors and may change the valuation of property as fixed by the assessors. They may appoint the mer- cantile appraiser, a clerk for themselves, and a janitor for the court house.
One commissioner may act by himself only in carrying out policies agreed upon by the majority. The three are elected at one time, but each voter may vote for but two candidates; this allows one of the candidates of the minority party to be elected. In case of a vacancy, the Court of Common Pleas may appoint the person who is to complete the term; but the party so appointed must always be some one who voted for the commissioner whose place he is to take. Commissioners may be re-elected.
In 1905, their pay was fixed on a population basis. Seven grades of annual salaries were fixed, ranging from $300 for counties
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of 10,000 population or less to $1,800 for counties of 115,000 to 150,000. They are allowed a certain amount for traveling expense. The present Commissioners of the county are David Ross, John K. Lentz, and Edward F. Warner. Each receives $1,000 a year.
THE SHERIFF.
It is the duty of the Sheriff to keep the peace in the county, and to carry out such orders as he may receive from the court. He may make arrests, and is supposed to disperse such riots and disturbances as may occur. He may deputize as many persons as he may think necessary to assist him in this, and if he is unable to secure peace in this manner, he may call upon the Governor for aid.
He is responsible for the keeping of criminals and those charged with crime, as well as for the prisoners in the county jail. He has the charge of parties accused during their trial, places them into confinement, or executes them by hanging, if the court so orders. When a prisoner is sent to the state peniten- tiary, it is the Sheriff who takes him there. The Sheriff, also, serves all orders or writs issued by the Judge; he sells at public auction all properties on which the taxes have not been paid; and, after a writ of execution has been issued, he sells the property of debtors at "Sheriff Sale."
It is often necessary for the Sheriff to handle large sums of money. He is usually under heavy bond. He is custodian of the jury wheel. He serves a notice upon all who have been selected to appear at court at a specified time. He advertises national, state, and county elections.
In case of a vacancy in the office of Sheriff, the Governor appoints one. The Sheriff, himself, appoints his deputy, and the deputy so appointed may act in the Sheriff's absence. At the next regular election after the Governor has made an appoint- ment, the voters elect some one to serve the unexpired term. The present Sheriff is August Begel. The fees of the office amount to from about $2,000 to $3,000 a year.
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THE CORONER.
Whenever a person dies suddenly or suspiciously, or in some unusual manner, it is the duty of the Coroner to investigate the cause of his death; and if suspicious circumstances exist, he selects a jury of six men to assist him in holding an inquiry to determine what was the cause of the death. Such an inquiry is called an inquest and the men making it are talked of as a Coroner's Jury. If the jury concludes that murder was com- mitted, it is the duty of the Coroner to cause the arrest of the suspected person and their commitment to jail to await trial. In a report which the Coroner must make to the Prothonotary he must state that the party came to death by whatever the jury decides was the cause and that certain suspicions of foul play do or do not exist. The Coroner is allowed $2.75 for impaneling the jury, 50 cents for swearing the jury in a body, 25 cents for swearing each witness, mileage of 10 cents a mile each way, and 50 cents for each summons he issues. His bill is sent to the Commissioners and, # leitor, is paid by them.
In case of a vacancy in the Sheriff's office, the Coroner fills the vacancy until an appointment is made by the Governor. A Justice of the Peace may hold an inquest in the absence of the Coroner. Dr. Edward G. Bray is the present Coroner.
THE PROTHONOTARY.
This officer is Clerk of the Court of Common Pleas, which tries the civil cases. He must be present at all sessions of the court, during the period of four years for which he is elected. He keeps the record of the civil suits, selects by lot, from the jurors present, a jury to try each case, and administers the oath to them, as well as to witnesses. He affixes the seal of the court to all documents requiring it, and issues all writs and summons ordered by the court. The record of all judgments and mechanics liens which he is required to keep are open to public inspection. In his office, also, is kept a record of all persons naturalized, and of registered physicians. He copies and sends to the Secretary of the Commonwealth the returns of county, state, and national elections.
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He is eligible for re-election, and in case of a vacancy, a successor is elected at the next general election to serve for a full term of four years. This is true also of the Register of Wills and the Recorder of Deeds. He is paid by fees. Henry W. Bartels now is Prothonotary and the fees of the office amount to over $2,000. Whenever the fees reach this amount, he must pay one-half of the amount over $2,000 into the county treasury.
THE COUNTY TREASURER.
This officer is responsible for the keeping of the money of the county. He receives all the taxes, fines, licenses, and such State taxes as are collected in the county. He pays the State taxes to the State Treasurer, but with the county taxes he pays all bills approved by the County Commissioners. He must make a quarterly and yearly statement to the Commissioners as to the condition of the county funds. His books must show a detailed statement of the moneys received and expended. He is under heavy bond, and, like the Sheriff, can not succeed himself, though either of these officers may be re-elected after an interval of four years.
Actual practice in the county has varied from the above for some years. The custom has grown up to have the newly elected Treasurer select the bank that shall be custodian of the county funds while he is in office. This bank then keeps the Treasurer's accounts, furnishes the bond for the strict performance of his duties, prepares his reports, and pays out the money as ordered by the Commissioners on vouchers. The salary of the office is $1,000, and since the bank performs the duties, it is the most desirable office in the county.
RECORDER OF DEEDS.
According to the laws of Pennsylvania it is necessary that all deeds which are made out whenever a tract of land changes ownership must be recorded in the office of the Recorder of Deeds. Mortgages, charters of corporations, and other documents are recorded in this office. Judgments, which are an exception to
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this general statement, are recorded in the office of the Prothono- tary. The commissions of the county officers are recorded in the office of the Recorder of Deeds.
The recording of mortgages, liens, and releases, which is done in this office, is a matter that can never be too promptly attended to, since such papers become valuable only after they are recorded. Priority of claim in mortgages is established by the time when each was recorded, and not, as is often supposed, by the time when each was given. In personal property, priority depends upon the date when the Sheriff receives the writ of execution. This date he carefully marks upon the writ.
The time of presenting each document for recording is placed upon its back. In the case of mortgages, even the minute is care- fully noted.
In the case of the Recorder, Register, and Prothonotary, a vacancy is filled by electing, for four years, the party who is to fill the vacancy. The Recorder of Deeds at present is Horace F. Keat. He is paid by fees and the office is worth from $2,000 to $3,000 a year.
REGISTER OF WILLS AND CLERK OF THE ORPHANS' COURT.
The wills of deceased persons are kept by the Register of Wills. Each will usually contains two witnesses and the Register usually calls upon one of them to swear that the signature was made by the party whose will is in question. If neither of these parties is to be found, he may establish the validity of the signa- ture by such other witnesses or evidence as he may consider suffi- cient. Should one of the parties interested in the estate deem such witnesses or evidence insufficient, they procure a "caveat" to restrain the Register from probating the will, and then parties wishing it probated under the circumstances may make an appeal. An appeal may also be made after the will is probated.
The disposal of the property of deceased persons is an impor- tant matter. When the Register receives a will, legally drawn up, properly witnessed and signed, he decides that it is valid in every respect, and this is called probating the will. The person named
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in the will to settle the estate according to the conditions named in it, is called the executor or executrix as the case may be. The Register gives this party authority to carry out the provisions of the will by giving him "Letters Testamentary." If no will has been left, or if the will has been destroyed, or is illegal, the law provides that the Register shall appoint an administrator or an administratrix to whom he gives "Letters of Administration" to settle up the estate in question. In selecting the party to whom to give "Letters of Administration" the Register usually gives preference to parties in the order named, husbands, wives, oldest sons, oldest daughters. The control of the estates of deceased persons rests with the Orphans' Court, and appeals from the decisions of the Register in the probating of wills must be made in the same court.
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