USA > Pennsylvania > Berks County > The story of Berks County (Pennsylvania) > Part 9
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17
More ballots must be sent to each polling place than the known number of voters, to be sure to have enough on hand to replace such as may be spoiled by imperfect marking.
Specimen ballots of both the primary and regular elections may be procured of the election officers during the election.
مسكمـ
125
GOVERNMENT
In each election district there is elected biennially a Judge of Election and two Inspectors. These are supposed to represent two different political parties. Each inspector appoints a clerk from his own party. These constitute the election officers. They are sworn to conduct the election fairly, secretly, and honestly, and may be punished if they neglect or fail to do so. The judge, in- spectors and clerk each receive $3.50 a day for their services on election day and the judge of election receives $1.00 a day for filing his report.
Each party usually has watchers at the election. These may challenge voters whom they think are unqualified to vote. The inspectors have the power to decide upon the qualifications of such persons, and in case they disagree, the judge may decide the ques- tion.
The rooms in which the election is held must have a ballot box and a table around which the officers may sit. There must be present the ballots, the lists of registered voters, and in various parts of the room cards containing directions as to how to proceed in preparing and casting the ballots. Separated from the remainder. of the room by a rail, there are from three to eighteen booths, screened so as to hide the upper part of each voter's person, that no one is able to see how he marks his ballot.
When the voting stops the officers must spend all their time inspecting and counting the votes until the task is completed. Bal- lots improperly marked are not counted. The reports of the re- sult of the election are taken by the judge to the court house, where they are filed with the proper officials. After the election, the ballots and a record of their count is put into the ballot box, and this is then given to the Justice of the Peace for safekeeping until the next election. In the city all ballot boxes are returned to the court house.
Election expenses. Each candidate for nomination or election, whether successful or not, must file with the Clerk of Quarter Ses- sions a sworn statement of his expenses.
This must be done within fifteen days after a primary election and within 30 days after a general or municipal election. If his
126
THE STORY OF BERKS COUNTY
expenses are less than $50, a sworn statement to that effect is sufficient.
What are considered legitimate expenses under the law are for printing, traveling, correspondence, meetings, rent, clerks, trans- portation of voters, etc. Candidates are liable to fine or imprison- ment or both for incurring illegitimate expenses.
TOWNSHIP, BOROUGH AND CITY GOVERNMENT.
Every acre of ground in the county is either under township, borough or city government, as well as under the government of the county, of the State, and of the United States. It is the government. of the county, of the city, borough, and township with which as citizens of Berks County we come into the closest touch.
These smallest areas for governmental purposes vary in size. shape and population. A new township may be created by dividing an old one when, after having received an order from the Court of Quarter Sessions, its citizens vote for such division, or when a petition is presented to the same court requesting such division. Such a petition must, however, be signed by the owners of twenty- five per cent. of the assessed valuation of the property within the proposed new township.
Townships and boroughs and cities are political units, and as such, they can own, buy and sell property, borrow money, levy taxes and collect them, sue and be sued in courts of law. They are what is called municipal corporations.
THE TOWNSHIP.
The elective officers of the township are: Two Justices of the Peace, Constable, Assessor, three Supervisors, five School Directors, Tax Collector, three Auditors and the Election Officers.
Justices of the Peace. Justices of the Peace are elected for a period of six years. The Justice 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
127
GOVERNMENT
oaths, attests signatures, and may issue search warrants, or per- form a marriage 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 au- thority to hold inquests in the absence of the coroner. He is paid by fees.
Constable. The constable is elected for a term of four years, and his general duty is to preserve the peace of the township. He performs for the petty court of the Justice of the Peace the same duties that the Sheriff performs for the county courts. When au- thorized 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 sup- posed to be present at court to report any violations of the law that may have taken place in the township. He notifies persons of civil suits brought against them before the Justice of the Peace. Like the Justice of the Peace, he is paid by fees.
Assessor. The assessor is elected every four 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 the 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.
128
THE STORY OF BERKS COUNTY
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 made 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 in the township. 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 in some instances where road tax is collected by the supervisors, and school tax by a collector appointed by the School Board. He receives as pay a commission varying 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. Townships, boroughs and cities are divided into school districts according to their population as follows: 500,000 or more population, first class; 30,000 to 50,000, second class; 5,000 to 30,000, third class ; less than 5,000, fourth class.
All townships in Berks belong to the fourth class and each has five school directors who serve for six years.
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 di- rectors and county superintendents. The only time women vote in
129
GOVERNMENT
this State is as School Directors when they may vote for County Superintendent. School Directors receive no salary. The Secre- tary 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 pur- poses, to the various school districts. One-half of this is divided in proportion to the number of teachers regularly employed, and one- half in proportion to the number of children between six and six- teen years residing in the respective school districts. It costs about $35,000,000 to conduct the schools of Pennsylvania for one year. No teacher may be paid less than $45 a month.
Supervisors. Each township has three supervisors. They re- pair and keep in order the roads and bridges of the township and erect guide posts 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 the mending of the roads at a fixed amount per day, usually $1.50, until the amount of tax levied upon the individual is worked out.
The Supervisors must divide the township into one or more districts. If there is but one district they appoint a superintendent of roads for the whole township. If there are more a roadmaster is appointed for each district.
Such appointee shall work on the road himself and oversee the work of others. The pay of the supervisor is from $1.50 to $3.00 a day for actual service.
A township making improved roads according to the plans of the state, receives from the state an amount equal to 50 per cent. of . the road tax collected.
Auditors. 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. A copy of their report must be filed with the court and at least five printed copies posted in conspicuous places, in the township. In addition it is the duty of the auditors to settle disputes concerning the building of line fences and to appraise sheep when killed by dogs.
130
THE STORY OF BERKS COUNTY
They receive $2.00 a day for each day they are actually engaged in their duties.
THE BOROUGH.
Reasons For Borough Government. 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 sup- ply, and sewers must be provided, the township form of government will no longer meet the needs, and borough government is organized. When it is desired to establish a borough the majority of the voters of the village petition the Court of Quarter Sessions for the same. Notice of the petition is then published in at least one paper for a period of thirty days, after which, if the court approves the petition, the borough is incorporated. As the borough increases in size, if the majority of voters request it, the court may divide it into wards.
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 and their term is four years. A borough which has been divided into wards has from seven to nine Councilmen.
Under the control of the Council are such things as levying taxes, paying bills, and, when necessary, borrowing money. It may mac- adamize 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, a secretary and a solicitor and a roadmaster. 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 them he vetoes them, in which case they become an ordinance only if they again pass the Council by a two-thirds vote.
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
131
GOVERNMENT
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 an annual salary of not more than $100 per 1,000 inhabitants for the first 5,000 and $50 for each additional thousand.
Other Borough Officers. The Assessor, the Auditors, the Justices of the Peace, the Constable, and the School Directors in a borough have duties similar to those holding the same offices in a township.
THE CITY.
A borough with a population of 10,000 or more may become a city, if a majority of the voters so decide.
The city has a charter given to it by the State which names the powers it may exercise. The charter is granted by the State Legislature and may be amended or repealed by it at will. .
In Pennsylvania, cities are divided into three classes, according to population-First class cities have a population of 1.000,000 or more; second class cities, 100,000 to 1,000,000 and third class cities, 10,000 to 100,000. Reading is a city of the third class. Under its charter the city arranges for police protection, for the punishment of crime, for the care of public health, for securing light, a water supply and for the disposal of sewage and waste as well as for trans- portation, hospitals, libraries and museums.
The Mayor. The chief executive of the city is the Mayor. He is elected by the qualified voters and serves for a term of four years. It is his duty to enforce the ordinances of the city council and the laws of the State. If he cannot do this with the assistance of the police he may call upon the Sheriff of the county for help. He sub- mits messages to the council upon the condition of the city or rec- ommending measures for its consideration. He has the power to veto ordinances passed by the council. He appoints city officers by and with the advice and consent of the council, and he may remove the same for good cause if the official be given a hearing
132
THE STORY OF BERKS COUNTY
and an opportunity to answer the charges made against him. He cannot succeed himself. His salary is fixed by the city council.
City Council. The City Council is divided into two branches- select and common. Each ward is represented by one councilman in each branch. Select councilmen serve four years and common councilmen two years. The council has only such powers as are allowed it by the city charter.
Its powers are exercised usually through acts called ordinances, which are framed and enacted after the manner followed by the legislature in enacting laws for the government of the State.
One of the most important powers of a city council is the grant- ing of franchises to street railway, gas. electric light, water and other public service companies to construct, maintain tracks, wires, pipe lines, etc.
City Controller. The city controller is elected for a term of four years. His salary is fixed by the Council. He audits the ac- counts and counter-signs all warrants drawn upon the Treasury.
City Treasurer. The city treasurer receives and pays out all monies. He is elected for a term of four years. As receiver of taxes he is allowed a commission and in addition is paid a salary fixed by the Council.
Aldermen. Each ward elects an alderman for a term of six years. His duties and jurisdiction are similar to those of a justice of the peace in a borough or a township.
Other City offices. The city council elects a city solicitor, who is its legal advisor, a city engineer, and a city clerk. The chief of the Fire Department is appointed by the Mayor.
School Controllers. The city schools are managed by a Board of nine school controllers, who are elected for a term of six years. This board elects a superintendent, a secretary and a treasurer, and fix the salaries of their officers.
COUNTY GOVERNMENT.
The oldest political divisions of the State are the counties. Some counties were organized while the State was yet a province. A new county may be organized only by act of the State Legisla- ture. The State Constitution provides that no new county may be
133
GOVERNMENT
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 in- habitants.
Officers. The county officers are: Two Judges of the Court, and one Judge of the Orphans' Court, each of whom serve ten years; a Sheriff, a Coroner, Prothonotary, Register of Wills, Recorder of Deeds, Controller, Treasurer, Clerk of Quarter Sessions, District Attorney, three Commissioners, three Directors of the Poor, nine Prison Inspectors, all of whom serve for four years; County Solicitor, Mercantile Appraiser, County Superintendent of Schools.
All county officials, except the County Superintendent, Solici- tor and Mercantile Appraiser are elected at the November elec- tion in odd-numbered years. 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 import- ant 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.
County Commissioners. The County Commissioners have charge of the business interests of the county. They control the court house, county bridges, and the like. They fix the rate of the county tax, provide the ballots, and secure the voting places for all elections. They give instructions to the assessors and may change the valuation of property as fixed by the assessors. They appoint the county solicitor, the mercantile appraiser, clerks for their office, janitors for the court house and a bridge inspector. They also appoint annually a collector of county taxes in each city ward.
The three are elected at one time, but each voter may vote but for 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. The salary of each is $4,000 a year.
134
THE STORY OF BERKS COUNTY
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 has charge of accused parties during their trial, places them into confinement, or executes them by hanging, if the court so ord- ers. When a prisoner is sent to the state penitentiary, 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 execu- tion has been issued, he sells the property of debtors at "Sheriff Sale."
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. He appoints deputies who may act for him in his absence. His salary is $6,000 a year, but the office must earn this amount in fees, otherwise he receives what the office earns.
In case of a vacancy in the office of Sheriff, the Governor ap- points one, who serves until the next regular election.
Coroner. Whenever a person dies suddenly or suspiciously, or in some unusual manner, it is the duty of the Coroner to investi- gate the cause of death; and if suspicious circumstances exist, he selects a jury of six men to assist him in holding an inquiry. Such an inquiry is called an inquest and the men making it are known as a coroner's jury. If the jury concludes that murder was commit- ted, it is the duty of the Coroner to so report to the District At- torney. In a report which the coroner must make to the Clerk of Quarter Sessions, 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 $5.50 for viewing a body and empaneling a jury, and $2.75 for summoning inquest and returning inquisition, and mileage of 10 cents-a mile
135
GOVERNMENT
for each mile traveled. His bill is sent to the controller and, if approved by him and the commissioners, is paid.
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. His salary is $2,000 a year, provided the fees of his office amount to that Sum.
The Prothonotary. This officer is Clerk of the Court of Com- mon Pleas, which tries the civil cases. 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 bonds to mortgages, judgments and mechanic's 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. He is eligible for re-election. His salary is $6,000 a year, provided the fees of his office amount to that sum.
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 and County Control- ler.
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 also recorded in this office as are the bonds of the county officials.
The recording of mortgages, liens, and releases 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 per-
136
THE STORY OF BERKS COUNTY
sonal 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. He receives $4,000 a year, provided the fees of the office are sufficient.
Register of Wills. The wills of deceased persons are kept by the Register of Wills. Each will usually contains two witnesses and the Register calls upon 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 signature by such other witnesses or evidence as he may consider sufficient. Should one of the parties interested in the estate deem such wit- nesses 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.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.