USA > Pennsylvania > Lycoming County > Picture of Lycoming County, 1st ed > Part 12
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DEPARTMENT OF PARKS AND PUBLIC PROPERTY
This department has supervision over the fire department and makes periodical inspection of public buildings for fire hazards. It also has charge of street signs, traffic regulations, and light poles.
DEPARTMENT OF PARKS AND PUBLIC SAFETY
This department has charge of public buildings, such as the City Hall, fire houses, and highway buildings, as well as the parks, playgrounds, golf course, tennis courts, recreational places, airport and incinerator plant. It also supervises the activities of the health department and milk and plumbing in- spection.
DEPARTMENT OF STREETS AND PUBLIC IMPROVEMENTS
This department supervises the engineering department and all street construction and improvements.
CIVIL SERVICE
The personnel of many of the departments of the city gov- ernment are appointed under civil service. This system com-
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prises three Civil Service Boards, of three members each, including a physician and an educator, chosen by the City Council for a term of four years, to serve without pay. Two members of a board constitute a quorum. These boards handle applications for various city positions. It is the duty of these boards to ascer- tain the physical fitness, habits, reputation, education and ex- perience and to "prepare examinations upon the subjects deemed proper or necessary for the purpose of determining the qualifica- tion of the applicant." After the examinations are given the boards make up a list of the names of all applicants who have passed the mental and physical examinations, with their ratings. When a vacancy occurs, the Civil Service Board supplies the City Council with the names of four applicants who have the highest ratings. The director of the department in which the appointment is to be made then presents the name of one of these to the council for approval. In case the council does not approve the name of the first nominee, a second name is presented and so on down the list. In any case the boards may recommend per- sons already employed in the department for promotion. Ex- soldiers and sailors are given preference, in that they are credited with an additional fifteen per cent above the grade established by the examination. Appointments are permanent, except for dismissal for misconduct or violation of city ordinances or state law; or when it may become necessary, for reasons of economy, to reduce the number of employees. When this occurs, the em- ployees last appointed shall be the first removed. In case of emergency, temporary appointments may be made without the regular procedure.
OTHER OFFICERS OF GOVERNMENT
Besides the office of Mayor and City Councilmen there are several other offices for the transaction of the city's business. Some of these officials are elected by the voters; others are se-
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lected by vote of the city council. Some of the more important of these, together with a brief outline of the qualifications and duties of the office holder, are described below.
CITY CONTROLLER
This officer is elected by the voters of the city at large for a term of four years. He must be a competent accountant, a resi- dent and an elector of the city for at least three years previous to his election.
His annual salary is fixed by city ordinance and may not be less than that paid to members of the city council. His duties consist of "examining, auditing and settling all accounts in which the city is concerned, either as debtor or creditor, and ex- amine the accounts of all bureaus, offices and departments which collect, receive and disburse city funds." The Controller is authorized to administer oaths and is also empowered to issue subpoenas to compel the attendance of officers whose accounts he is authorized to adjust.
CITY TREASURER
The qualifications for this office are the same as those of the City Controller. The candidate must be a com- petent accountant and a resident of the city for three years prior to election.
The term of office for which the treasurer is elected is four years and the incumbent is required to give bond for the faithful performance of his duties. He receives all funds due the city from all sources and pays them out upon proper authoriza- tion from City Council. City funds are kept in such banks or financial depositories as the City Council may direct. The City Treasurer is required to keep separate accounts of the receipts and expenditures of city, such as the sinking fund, water and light- ing department and any special fund which may come into his hands.
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CITY SOLICITOR
He is elected by the City Council for a term of four years. He must be qualified to practice in the Supreme Court of the Commonwealth. His duties are to prepare all bonds, obliga- tions, contracts, leases, conveyances and assurances to which the city, or any department of the city, may be a party; and to act as legal adviser to the City Council and the Mayor.
CITY ENGINEER
This officer is elected by City Council for a term of four years. He must be a registered engineer and is required to give a bond for the faithful performance of his duties. The salary is fixed by city ordinance. His chief duties are to prepare plans, specifications and estimates on any engineering work to be done by the city and to superintend and direct all engineering work.
CITY CLERK
He is elected by the City Council for a term of four years. His salary is fixed by council. He has the power of a notary public to administer oaths in matters pertaining to the city or, in any legal proceedings in which the city is interested. Since he is in reality a clerk of the City Council his duties are those pre- scribed by law, ordinance, or resolution of that body.
QUESTIONS - CITY GOVERNMENT
1. Why is Williamsport a third class city? (Consult Pennsylvania Manual)
2. How many councilmen are there in Williamsport? How do they obtain office? How long is their term of office?
3. What are the departments of the city government?
4. What are the qualifications of the Mayor?
5. When the Mayor is absent who takes his place?
6. What city department has charge of traffic regulations?
7. What are the duties of the city controller?
THE JUDICIARY
T HE judicial branch of the county government may be divided into two departments, major and minor. The judges who preside at courts which are held in the court house at the county seat are the major judiciary; the police courts or mayor's court and courts conducted by aldermen in cities and by justices of the peace in boroughs and townships are classed as minor judi- ciary. The major judiciary comprises the judges of the Court of Common Pleas, which has jurisdiction over the trial of civil cases only: the Court of Oyer and Terminer, which has juris- diction in the trial of felonies; the Court of Quarter Sessions which has jurisdiction in the trial of misdemeanors; and the Orphan's Court, which settles the estates of deceased persons. Although there are these several classes of county courts, they are presided over by the same judges. In Lycoming County there are two common pleas court judges. They are designated as the President Judge and the Additional Law Judge. A judge of a Court of Common Pleas is regarded by the Constitution of Pennsylvania as a state officer and not a county officer. He is paid $10,000 a year by the state and may be assigned by the Supreme Court to hold court in any county in the state with the same powers and authorities of the judge who resides there and is bound to obey such an assignment. They are elected for a ten-year term at elections held in the odd-numbered years, when county, city, borough, and township officers are elected. The judge older in point of service is commissioned by the Governor as President Judge. When both are elected to their first term at the same time lots are drawn to determine who shall be com- missioned as President Judge. The duties and authority of the judges are the same, except the President Judge has charge of
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assigning the cases for trial, and when the court sits en banc (the judges sitting together) the President Judge presides. In passing on the question of whether a new trial shall be granted the action of the President Judge is decisive in the matter.
When for any reason such as illness or absence of one of the judges or otherwise, it may become necessary to have an out- side judge assigned to assist in holding court, the request for such judge is made by the President Judge to the Prothonotary of the Supreme Court of the State.
In order to define the different kinds of county courts it is necessary to distinguish between civil actions at law and crim- inal offenses. A civil suit in law is one instituted to collect a debt, to recover damages or to secure the legal rights of a citizen. A criminal suit is one in which a person is charged with the commission of a crime.
The minor judiciary in Lycoming County is composed of the aldermen and justices of the peace. Each borough and town- ship is entitled to two justices of the peace, and Williamsport, a city of the third class, one alderman for each of its sixteen wards. These officials are elected by the electors of their respec- tive wards, for a term of six years. Since there is no stipulated salary connected to the office, the compensation being derived from fees, many of the thinly populated townships elect only one justice and some of them none at all. Aldermen and justices of the peace have limited jurisdiction in both civil and criminal cases. In civil cases, aldermen and justices of the peace have no jurisdiction in cases of indirect injury, such as an injury in- flicted by an agent, servant, or employee of the defendant, or in cases which involve the title to land. A civil case is begun by making information before an alderman or justice of the peace, who issues a summons to the defendant and serves him with a copy of the information. After the defendant has been sum- moned the case is brought to a hearing. The magistrate hears
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both parties and their witnesses. Either or both parties may be represented by an attorney. After all testimony is taken, the de- cision is rendered by the magistrate. In cases involving $5.33 or less the magistrate's decision is final and no appeal can be taken.
Either party, if dissatisfied with the judgment, may seek redress in the Court of Common Pleas, by appeal or by certiorari. The latter is an order upon the magistrate to present to the court a copy of the record of the entire proceedings before the magis- trate. The judge then decides whether the record is proper and renders judgment accordingly. Where there is no error alleged in the record itself the aggrieved person may appeal. Then the case is taken into court and tried before a jury in the same man- ner as if it were a new case. In taking either a certiorari or an appeal, it must be done within twenty days of the date the judg- ment was rendered by the magistrate.
Criminal cases begin with an information, sworn to by the prosecutor who may be either a law officer or a private citizen. A warrant is then issued by the magistrate for the arrest of the defendant. The defendant may give bail for a hearing before the magistrate issuing the warrant, in which case he retains his freedom until the date set for the hearing. If the defendant does not furnish bail for his appearance he is taken to jail to await the hearing. At the hearing the procedure differs according to the nature of the crime charged. In minor offenses, such as vio- lations of the motor vehicle code, the alderman has authority to hear the entire case and decide summarily as to the innocence or guilt of the accused, and if he is found guilty, to impose sen- tence according to the law. From this decision there is no abso- lute right of appeal, but within five days' time, the defendant may petition the Court of Quarter Sessions for permission to take an appeal. If the court allows such appeal to be taken, then on a day set by the court, the judge hears the testimony of both
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parties and their witnesses, and decides the case without a jury. In felonies and misdemeanors, the alderman or justice of the peace does not decide the question of innocence or guilt of the accused. He hears only the prosecutor and his witnesses and from this testimony decides whether there is sufficient evidence to warrant the defendant being held to bail for a jury trial. If, in the opinion of the magistrate, there is sufficient evidence to warrant holding the defendant for action by the court, the ac- cused is either committed to jail, or released on sufficient bail. There is one exception to this rule and that is in case of assault and battery where the magistrate hears both the witnesses for the prosecutor as well as for the defense. In all cases except where a felony is charged the magistrate fixes the amount of bail. In felonies the bail is fixed upon request made of one of the judges. This may be cash put up by the defendant himself or in the form of a bond signed by a responsible person or persons. The alderman then makes a transcript of the proceedings and files it in the office of the Prothonotary.
Thus it may be seen that the laws of the Commonwealth protect the liberty of its citizens. The evidence of the prosecutor is subjected to two tests, the magistrate and the Grand Jury, before a defendant may be brought into court to stand trial and defend himself.
Before a criminal case may be tried before the county court, the evidence of the prosecution is first submitted to a Grand Jury. If the Grand Jury finds that the evidence does not war- rant a jury trial, it ignores the charge by making a return of "not a true bill" and the charge is then dismissed, but if suffi- cient evidence is produced, the Grand Jury returns a "true bill" or indictment, which commits the defendant to a trial before a judge and petit jury composed of twelve persons.
Integral parts of the Major Judiciary are the court crier and the court reporters. They are appointed by the President
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Judge. The salary of the Court Crier is $1,000 a year. The duties of this office are to act in the capacity of constable for the court in bail forfeitures, bench warrants, etc., to assume charge of the Law Library and preside at the opening ceremonies of the courts. Salaries of the court reporters are fixed by the county salary board. It is their duty to take and transcribe testimony in court trials. They are also subject to call by the coroner to take testimony at inquests.
QUESTIONS - JUDICIARY
1. How many Common Pleas Court judges are there in Lycoming County?
2. What is a civil suit at law?
3. Who are the members of the minor judiciary in the county?
4. Who hears cases for violations of motor vehicle code?
5. How are boroughs governed?
6. How are townships governed?
Scenic View on State Route 14, above Trout Run
BOROUGH GOVERNMENT
T HE civil government of a borough is similar to that of the city of Williamsport. Boroughs not divided into wards, elect a burgess, seven councilmen, a high constable, constable, assessor, tax collector and three auditors. Boroughs divided into wards elect at least one and not more than three councilmen in each ward, an assessor in each ward, except in boroughs where as- sessment of property for county purposes is made by a county board of assessors. These boroughs also elect a burgess, con- stable, tax collector, and three auditors. All borough officials are elected for a term of four years. The duties and functions of the burgess are comparable to those of mayor. As chief executive officer of the borough, it is his duty to be active in the mainte- nance of peace and in the enforcement of the laws of the bor- ough. Like the mayor in a city the burgess has the power of a committing magistrate, with the same authority and jurisdic- tion as an alderman or justice of the peace, except that the fees or costs collected must be turned over to the borough treasurer.
The Burgess' salary is limited. It cannot exceed $1,000 per year for the first 5,000 population and $50 a year for each additional 1,000 population. No member of Congress or any person holding any office or appointment of profit or trust under the government of the United States is eligible to the office of burgess. The borough council is required by state law to meet at least once each month. A majority constitutes a quorum. It is their duty and authority to revise, repeal and amend such laws, rules, regulation and ordinances as are not consistent with the laws of the state; and to enact or amend such laws as it may deem beneficial to the borough and to provide for the en-
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forcement of the same. The council is required to preserve all records of its proceedings.
ASSESSORS
The chief duty of these officers is to list the names of tax- able persons in the borough or township including a description and valuation of property that is taxable by law.
TAX COLLECTOR
The list of names of taxable persons made up by the as- sessor is received by the Tax Collector whose duty it is to collect the taxes - county, borough, and township - which provide the revenue from which the expenses of government are paid. Assessors are compensated on a fee basis and tax collectors re- cieve a percentage of taxes collected. Tax collectors are required to give bond in sufficient amount to insure the faithful perform- ance of their duties.
AUDITORS
They are required to meet on the third Tuesday of January each year and adjust, audit and settle the accounts of the town- ship or borough officials. They publish annually an itemized statement of the receipts and expenditures of officials who re- ceive or disburse public funds.
TOWNSHIP GOVERNMENT
T THE simplest governmental unit of the state is the township. A long time ago the whole area of the Commonwealth was divided into townships patterned after the political divisions of England. In size and population they are small. From time to time new townships are formed by taking territory from one or more old ones. This is done by proper action by the county court. Thus every township is created by an act of law and constitutes what is called a corporation. Being incorporated under the General Township Act of Pennsylvania, they derive their powers from the General Township laws of the Common- wealth. Of the 42 townships which compose Lycoming County, Muncy is the oldest. It was created April 9, 1772 by the North- umberland County Court. As a separate political division, each township has its own governmental officials elected by the electors of the townships. The offices and the duties of the offi- cials of a township elects a board of school directors, road super- visors, board of auditors, assessors and tax collector, constable, justice of the peace and election officers. Road supervisors are responsible for the maintenance of all township roads. Since many of the township roads have recently been taken over by the state, this township office does not carry the same responsi- bility as heretofore. However, a township supervisor may sue at law or be sued; therefore this office is one of the most im- portant in the township. The duties of auditors, assessors and tax collectors are the same as those described in county and borough government.
Lycoming County Townships
Anthony
McNett
Armstrong
McIntyre
Bastress
Mifflin
Brady
Mill Creek
Brown
Moreland
Cascade
Muncy
Clinton
Muncy Creek
Cogan House
Nippenose
Cummings
Old Lycoming
Eldred
Penn
Fairfield
Piatt
Franklin
Pine
Gamble
Plunketts Creek
Hepburn
Porter
Jackson
Shrewsbury
Jordan
Susquehanna
Lewis
Upper Fairfield
Limestone
Washington
Loyalsock
Watson
Lycoming
Wolf
McHenry
Woodward
APPENDIX B
Townships of Lycoming County
A NTHONY was named for Judge Joseph B. Anthony. Erected September 7, 1844, out of Old Lycoming Town- ship. During the period of the Indian wars it was a part of the "Fair Play" territory. One of the first three German Baptist churches in America was founded here. Bruce Caldwell was the earliest settler.
ARMSTRONG was named for Honorable James Armstrong, prominent member of the bar and a Justice of Supreme Court. This township, erected in 1842, was taken from Clinton, which in turn had been created in 1825 from Washington. Thomas Hartley, on February 11, 1773, became the first to take up land in this township. There are two streams in the township, Mos- quito Creek and Hagerman's Run. They drain an extensive territory on the northern slope of Bald Eagle Mountain and fur- nish the water supply for the city of Williamsport. Mosquito Creek enters the Susquehanna at DuBoistown, Hagerman's Run at South Williamsport.
An old Indian trail at one time followed Mosquito Creek through the ravine to DuBoistown. Albert Culbertson built a grist mill at the mouth of the creek, and gave his name to Cul- bertson's Trail or Path, which is still visible in many places.
BASTRESS erected December 13, 1854, was named for Solomon Bastress, Associate Judge and member of the General Assembly. The township was first settled by German Catho- lics in 1837 under the leadership of Rev. Nicholas Steinbacher, S. J. The present building of the Church of the Immaculate Conception was erected in 1860. Adjacent to the church is a
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Lourdes Grotto erected in 1915. A niche in the hill beside the road contains a statue of the Immaculate Conception carved out of a solid block of Carrara marble in Genoa, Italy. Thousands of people attend annual religious services there Sunday after- noons during the month of May.
BRADY was named for the distinguished family of Indian fighters. It was created from a part of Washington township on January 31, 1855.
The Stone Church (Lutheran) is a historic spot in the township. The original log structure, built about 1780, was near the present church. The present Stone Church was built in 1847. A cemetery adjoins the church property, and many of the pioneers of White Deer Valley are buried there.
BROWN was named for Major-General Jacob Brown of Bucks County, a hero of the War of 1812. It was erected May 3, 1815 from Mifflin and Pine townships. Pine Creek, which divides the township, runs through picturesque, mountain scen- ery which at one point reaches an altitude of 820 feet above sea level. The land contains coal, slate, iron ore, and fire clay. The first resident was Jacob Lamb, who settled at the mouth of Slate Run. Lumbering for many years was the chief industry; millions of feet were taken from the territory surrounding Pine Creek.
CASCADE derives its name from the cascades or waterfalls along its streams. It was erected from Hepburn and Plunketts Creek townships on August 9, 1843. Burnett's Ridge crosses the township and enters Sullivan County to the east. The ridge was named for William Burnett, Indian trader. The first settler was Michael Kelly, who built on Wallis Run in 1843. He was the founder of Kellysburg and a pioneer in road building.
CLINTON was named in honor of DeWitt Clinton, Gov- ernor of New York. It was erected December, 1825, by divi- sion of Washington township. The first settler was Cometine
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Low. Low and his family joined the Great Runaway, fled to Fort Augusta, and later returned to New Jersey. After the restoration of peace, several of Low's sons returned to the town- ship and became influential in its affairs. Its natural features are the Black Hole Valley, a rich agricultural section, and Penny Hill, a scenic point.
COGAN HOUSE erected December 16, 1843, was named for David Cogan, the first settler. Cogan built a cabin on Larrys Creek in 1825, and lived there until 1843. After he left, the buildings and improvements fell into decay and hunters named the entire vicinity Cogan House. Early industries of the township were lumbering and the manufacture of maple sugar. Fire clay, iron ore, copper ore and a fine grade of building stone are among its natural resources. The principal stream is Larrys Creek. Other streams are Hoagland's Run, Flook's Run, Pack Horse and Trout Run.
CUMMINGS named for Associate Judge John Cummings, was erected in 1832 from Brown and Mifflin townships. Pine Creek flows through the center of the townships, and Little Pine Creek flows from the northeast. The township contains excellent beds of flag and building stone and some iron ore and fire clay. The first white settler was John English, who came in 1784. English settled there when the territory was practically a wilderness; Seneca Indians still inhabited the region and fre- quently passed his cabin. Lumbering was the first industry of this section. Near Waterville are many summer cottages, most of them erected since paved roads have made the district access- ible. Other villages are English Mills and Rameyville.
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