Civil government in Iowa

Preface

The way to understand animals is to study animals. Not pictures of animals, not descriptions of animals, not theories about animals, but real, live, flesh and blood animals should be first studied by those who would be most accurate and thorough in their knowledge of them. Afterwards, this knowledge may be extended by pictures and descriptions, and, in the end, well defined theories may be reached.

The way to understand civil government is to study civil government. Not descriptions of government, not histories of government, not theories of government, but the real, homely facts of government should be first studied. Afterwards the fundamental laws of government and correct theories of government may be learned.

The following Outline is arranged on the plan of presenting first that which is nearest and most easily learned in civil government, and afterwards that which is more remote. It has been prepared in compliance with a request from some of the superintendents and teachers of the .State. It is designed especially for the assistance of teachers in giving oral instruction in civil government. Until something better is prepared, this Outline may be found of use in the hands of the more advanced pupils in public schools.

Instruction in civil government should begin with the first lessons in local geography. The civil township is not simply a piece of land, it is a government. In teaching the geography of the civil township, at least enough of the facts of township government should be presented to give a reason for the existence of the township. The same is true of every political division.

To understand United States History, a more extended and accurate knowledge of the facts of government is necessary. Without this, such topics as the charters of liberty, taxation without representation, and the Declaration of Independence are not understood. But this branch of instruction is not put into our schools for the sake of giving meaning to geography and history. It has a use of its own which is coming to be widely recognized.

I have been greatly aided in preparing this Outline by the Hon. E. M. Haines.

Iowa College, April, 1881.

TOWNSHIP GOVERNMENT.

OFFICERS. NUMBER.

DUTIES.

School Officers. 3 or more.

Hire teachers. Build and repair school houses. Decide amount of funds for school purposes to be raised.

koad Supervisors

One Collect road taxes. Repair roads, and for each require able-bodied citizens to labor on Road Dist.jthe highway.

Trustees.

Hold elections. Care for poor. Equalize assessments. Divide the Township into road districts. Determine the amount of road tax, and act as Fence Viewers.

Keeps records of Board of Trustees Has charge of money and property of Township, and acts as Clerk of Elections.

Clerk.

ASSESSOR

Assesses all taxable property in Township, not included in Incorporated Town oi City.

Justice of Peace.

2 or more.

Acts as Peace Officer, and as Judge in minor cases, civil and criminal Holds preliminary examinations in cases of more serious crime.

Constable.

2 or more.

Ministerial officer of Justice's Court.

GOVERNMENT OF INCORPORATED TOWN.

OFFICERS.

NUMBER.

DUTIES.

Mayor.

Presides at meetings of Town Council.

Sits as a court to enforce town ordinances.

Recorder.

Clerk of Council. Signs orders on Treasurer for payment of money, as directed by the Council

Trustees.

(With Mayor & Recorder forming the City Council.)

Make all laws or ordinances for government of town. Have charge of streets and sidewalks. Act as Board of Health for the town, and as a Board to equalize Assessments in the town.

Treasurer.

Keeps all money of the town, and pays out money on orders signed by the Recorder.

Marshal. l

Ministerial officer of Town Government.

Executes orders of Mayor.

Assessor.

Assesses the taxable property within the town.

COUNTY GOVERNMENT.

OFFICERS.

number.

DUTIES.

Supervisors.

Levy taxes. Examine and allow claims against the County. Have charge of all County property. Locate roads and build bridges. Have oversight of County officers . Canvass election returns. Equalize assessments between Townships.

Auditor.

Clerk of Board of Supervisors. Keeps records of money due County and money paid out by County. Issues orders upon Treasurer for payment of money. Has charge of school fund.

Treasurer.

Collects all taxes. Pays out money on orders signed by Auditor.

Recorder.

Records all deeds, mortgages, etc.

Surveyor.

Surveys real estate.

Sheriff.

Ministerial officer of District and Circuit Courts. Has care of prisoners.

Coroner.

. Holds inquests. Acts as Sheriff.

Clerk.

Keeps records of District and Circuit Courts. Appoints administrators and guardians. Keeps records of marriages, births, and deaths-

Superintendent.

Examines teachers. Superintends schools in County. Hears cases of appeal from school boards.

COURTS OF RECORD HELD IN THE COUNTY.

CIBCTJIT COXTET.

OFFICERS. NUMBER.

DUTIES.

Circuit Judge.

Has exclusive jurisdiction in all matters of probate of wills, administration of estates, and matters of guardianship ; and of appeal in civil cases from inferior courts. Has general jurisdiction in all other cases, except criminal cases

Clerk.

l

Records all proceedings of the Court, and issues all executions and writs.

Sheriff.

l

Executes all orders of the Court, issued by the Clerk, and serves all writs.

Petit Jury.

Hears evidence, and decides questions of fact between litigants.

Dismaicx 1 cottier a?.

OFFICERS.

number.

DUTIES.

District Judge.

i

Has exclusive jurisdiction of criminal cases presented by the Grand Jury, and of all appeals of criminal cases from inferior courts. Has general jurisdiction of all other cases, except those given to Circuit Court.

Dist. Attorney.

Acts as Attorney in prosecution of criminals.

Grand Jury.

Investigates crimes. Finds indictments against criminals.

Clerk.

•

Sheriff.

L Same duties as in Circuit Court.

Petit Jury.

J

STATE GOVERNMENT.

LEGISLATIVE DEPABTMENT.

OFFICERS.

number.

DUTIES.

Senate.

Make Laws. ! (The Senate and House of Repre-

House.

sentatives constitute the General Assembly.)

J

Governor.

Recommends legislation. Signs or vetoes bills passed by Legislature. Supervises State institutions. Grants pardons and reprieves. Makes appointments to office.

Lieut. -Governor l

Presides over Senate. Becomes Governor in case of vacancy in that office.

Secretary of State.

l

Has charge of all records of laws, constitutions, and other State papers deposited in his office. Signs and registers all commissions issued by Governor. Reports to General Assembly criminal returns from District Courts. Keeps record of acts of incorporation of cities and towns.

Auditor.

l

Keeps all accounts of money due the State, and paid out by the State. Issues orders to Treasurer for payment of money. Has supervision of Insurance Companies and Savings Banks.

STATE GOVERNMENT.— Executive Dep't Continued.

OFFICERS.

number.

DUTIES.

Treasurer.

Keeps the money of the State, and pays it out, as ordered by Auditor.

Register of Land Office.

l

Keeps record of iand owned by the State. (The duties of this office will be performed by the Secretary of State after March, 1883.)

i Superintendent 7 1 of Public Instruction.

Has supervision of Public Schools. Collects educational information, and reports to the General Assembly. Hears cases of appeal from County Superintendents.

J-CTDICI^-L ID B jF -A. S3, 1 IL£ E 3iT I -

Judges of Supreme Court.

Highest Court in the State. Hears cases appealed from lower Courts.

Clerk.

Keeps records of all proceedings of the Court.

Attorney General.

Appears on behalf of the State in Supreme Court. Gives legal advice to State officers.

Reporter.

Prepares for publication the decisions of Supreme Court.

OBJECTS OF GOVERNMENT.

1 . JL TO t6Ctl07l.\ property.

II. Care of Unfortunate.

Poor.

Insane.

Blind.

Deaf and Dumb.

Juvenile Criminals.

III. Education.

{ Common Schools.

Normal Schools.

Industrial Schools.

Universities.

Military Schools.

17. Public Improvement {%%^Wgf* ien & and

J Drainage. [Harbors.

* Public Buildings.

General Welfare. { S3S£SK

SUPPORT OF GOVERNMENT.

T. TAXATION.

II. PERSONAL SERVICE.

CIVIL GOVERNMENT IN IOWS.

Section I.— Government Within The Township

Local government in Iowa is largely entrusted to towns, townships, and school districts. These three local governments are separate and distinct. Two of them, the township and school government, affect all the people in the state. The other, the town or city government, affects only the people who live within the limits of incorporated towns or cities.

In the preceding Outline the school government is placed under the head of township government. Local school government is limited, as to boundary, to the civil township, but is otherwise quite distinct from it.

The township may be subdivided for school purposes in two ways. First, the entire township may be divided into sub-districts, each of suitable size for a school. Each sub-district elects a director, and all the directors of the township constitute a school board for the management of the schools of the township. Under this system, each director besides being a member of the school board, has special duties in his own sub-district. Second, the township may be divided into independent school districts. In this case each district elects at least three persons, who constitute a school board and have entire charge of school matters in the district. Again, a township may be organized under the first, or sub-district system in the main, but may contain a village or town which is an independent school district.

In teaching school government, the particular system in use where the school is taught should be made the basis of instruction. Whatever may be the form of government, the things done by local school officers are the same.

In preparing oral lessons from the Outline a distinction should be made between the officers and their number, and the duties of these officers. The lists of officers and the number of them either are or may be made definite and complete. The statement of the duties of these officers is not complete. All the details of official duty cannot be put into an Outline. Only the more important duties are given, and these are given in brief, suggestive terms. The lists of officers and their number are to be memorized. The duties of these officers are not to be simply memorized, they are to be understood.

The first lesson in township government may be made one of simple memory embracing a list of the seven officers, and the number of persons who fill each office. Interest may be awakened in this work of memorizing by sending the pupils out with the list to find these persons. These officers are some of them parents of pupils in the school, others are relatives, all are neighbors, and nearly all are personally known.

How did these persons become officers? When did they become such? How long do they serve? Do they receive pay ? If so, how are they paid ? To questions of this kind pupils can readily find correct answers.

What do these officers do ? A partial answer to this question is found in the Outline under the head of "Duties." A complete answer in detail cannot be taught to young and inexperienced pupils. The teacher must decide as to how much of detail shall be attempted, always remembering that a little thoroughly understood is worth more than any amount of memorizing of unmeaning words and phrases.

What does a farmer do ? Any country boy could write down twenty correct answers to this question; and yet he would know that he had not named all the things that a farmer does. How does a country boy know what a farmer does? He sees him at work. He hears him tell what he does. He sees the products of his labor. In many w T ays the knowledge comes to him.

One of the duties of school officers is to visit the schools under their charge. This duty is often neglected ; this occurs, in part, because the officers see no real good to be accomplished by it. The teacher should furnish a tangible object. Let the officer be invited to the school at a fixed time to give an account of the school government. If he is a sub-director, let him state just what he has done as director. This school officer is a member of the school board. Let him state the things which the board has done and is accustomed to do. This officer may be president, secretary or treasurer of the school board ; at any rate he can give the duties of these officers.

The house in which the school is taught is a product of the school government. When was it built ? Who decided to build it? How much did it cost? How was the money raised?

The secretary of the school board has a book, or books, which contain a record of all the acts of the school board since the district was organized. These books belong to the public. They may be brought into the school and any act of interest read and explained. In this way the pupils may learn from the school government itself, and by direct observation of the products of the school government, what the school government does.

The teacher, school, and school house are seen. They should be seen as products of school government. Other things and acts are seen,— such as roads and work upon them, elections, aiding the poor, assessing property, the arrest and trial of criminals. These should be understood as acts or products of township government. If properly presented they may be as thoroughly understood as the acts of a farmer or merchant. Of the other acts of the township government which may not be matters of direct personal observation, a record may usually be found in the hands of the clerk of the township or the justices of peace.

After the pupils understand all the duties of township officers which the teacher thinks best to teach, these may be summed up and memorized. If that part of the Outline given under the head of "Duties" corresponds to the facts learned, and if the language is suited to the understanding of the student, it may be learned just as it is.

But, perhaps, a pupil learns that a certain justice has performed the marriage ceremony. He would be disappointed if he should not see that among the "duties" of the justice of the peace. The assessor's son is greatly disgusted with the bare statement "assesses all taxable property in township." The assessor makes out a census roll, enrolls the militia, sits up of nights and figures up the results, makes an extra copy, and does several other things. The teacher should allow the pupil to make the outline to suit himself so long as he keeps within the bounds of truth. But the outline of duties to be remembered by the entire class should be confined to the more important ones, and should be put in plain, brief terms.

As nearly as possible, the same plan as here outlined for school officers should be followed in learning the duties of the other officers in the township. The road supervisor, trustees, clerk, assessor, justices of peace, and constables are all of them near at hand. They may be reached through pupils designated for the purpose, or through the teacher. Learn from them the actual facts as to what they do.

In preparing lessons for oral instruction, the teacher should make free use of the Code of Iowa, a copy of which should be in every school. White's Manual of Iowa contains some facts which may be of use. But no information derived from such sources should be allowed to take the place of the direct study and observation of the government itself.

In the country schools, better results will generally be secured by passing from the township government directly to the county government, omitting entirely town government. But where the school is located in a town or city the study of the town government should be made of first importance. It should be taken up immediately after the school government and taught in the same manner.

The government of a town, to the people living in town, is of much more consequence than the government of the township is to them. The town government may do for the town nearly every thing that the township does where there is no town government, except to hold the general elections; and a town government is accustomed to do many things which a township government does not do. The township government, however, should be thoroughly studied by pupils living in town, because a knowledge of it is necessary to the understanding of county govenment.

There are three kinds of town government in Iowa; an incorporated town, where the population is less than two thousand; a city of the second class, where the population is more than two thousand and less than fifteen thousand; a city of the first class, where the population is fifteen thousand or more. There are also cities governed by special charters. The Outline is arranged for an incorporated town. It can easily be changed to suit a city of first or second class. It is impossible for teachers to attach too much importance to the thorough understanding of local home government. Successful teaching here almost insures success in securing a fair political education. To the people living in Iowa the administration of government in town and township costs more, does more, and is of more immediate concern to all classes than all other government in the state and nation.

Section Ii.— County Government

Except where the school is at or near the county seat, it is not possible to study the county government in the same direct and personal way as the government in the township. But, if the government within the township has been thoroughly mastered, the government in the county may be made none the less real. Many of the acts of county government are closely connected with the government in the township. School officers in town and township determine the amount of money necessary for the support of their schools; the county supervisors levy the taxes to raise this money; the county treasurer collects the taxes and pays it over to the school treasurers. The local school governments hire teachers; but they can only hire persons to whom the county superintendent has granted certificates.

The county superintendent has general supervision of all the schools in the county. He assists teachers in doing their work by visiting schools and suggesting methods of improvement. He provides for the instruction of teachers in their professional work. Where persons feel aggrieved by the decisions, or orders, of the local school board they may appeal the case to the county superintendent, and he may affirm or reverse the action of the school board.

The trustees of the civil tow T nship divide the township into districts for road purposes. The road supervisors in each district collect road taxes, and require the able-bodied men in the district, not over forty-five years old, to' work on the roads two days in each year or pay an equivalent in money. But the roads are located by the county supervisors, and bridges of over twenty feet in length are built by the county.

The trustees hold the general election, which occurs in October or November of each year. They count the votes for each officer and declare the result for the township officers. But, for the other officers voted for, they send the result to the county, auditor and the county supervisors canvass the returns from all the townships in the county, declare the result for county officers, and send the vote for other officers to the state canvassers.

The trustees give aid to the poor in the township who need temporary help. The bills are allowed by county supervisors and paid by the county. For the poor of the county who need permanent help, the county provides a poor-house and farm and furnishes them a home.

The assessor makes out a list of tax-payers and taxable property and affixes a value to the taxable property. The trustees revise this list so as to make the burden of taxation just and equal between the tax-payers. A copy of the revised list from each township in the county is sent to the supervisors and they revise the lists so as to equalize the burden of taxation between the townships.

The sheriff's duties in district and circuit courts are similar to the duties of a constable in justice's court. One who understands what the justice's court does, can readily understand what the district and circuit courts do. From these facts it is apparent that a large part of the government in the county is to supplement the government in the township.

The county government is peculiar in this; it is the government for the keeping of things of value to the people. One of these valuable things is money. With the exception of a little money collected by the road supervisors and town officers, all the money collected from all sources for the support of government in town, township, county and state goes into the county treasury. The county treasurer receives and becomes responsible for this money. It is for the interest of all tax-payers that this money be safely kept and used only as directed by law. To this end a safe place is provided. The treasurer is required to give bond to secure the government against loss. The treasurer is also required to keep a record of all money received and paid out by him.

The auditor of the county is the clerk of the board of supervisors. The supervisors are the business managers for the county. They hold annually four regular meetings, beginning on the first Monday of January, April, June, and September. A large part of the business of these meetings is to hear and allow claims against the county: At one of these meetings they enter an account of all the money which has been determined upon by officers in the towns, townships and school districts in the county, for the support of these local governments.

They also enter an account of the money ordered by the state to be raised in the county, and they make an estimate of the money necessary to be raised for county purposes. Ihey then levy a sufficient tax to meet all these expenses. The county and state taxes are levied upon the entire county alike. The taxes to be collected for towns, townships and school districts of the county, are levied upon the respective towns, townships and school districts.

The auditor, as clerk of the board of supervisors, has an account of all the money to be collected by the county. He has also the revised assessors' books from all towns and townships in the county. From these he estimates the amount of tax to be paid by each tax-payer in the county. A copy of this estimate he gives to the treasurer, to be followed by him in collecting the taxes.

From these facts, it appears that the county has two distinct officers who keep a complete record of all money received and paid out by the county. These records are open to inspection. The supervisors are required to publish their proceedings so that every tax-payer in the county, without the inconvenience of examining records, may know just what is done with the county funds. All this is done to secure the people against loss.

Besides the valuable records kept by the treasurer and auditor, the county government keeps a complete record of all deeds and mortgages transferring or affecting the title to all lands in the county. In consequence of changes by death and other causes, experience has shown that it often becomes impossible to decide to whom the land rightly belongs, unless a careful public record is kept giving the entire history of the title. The county recorder keeps this record.

We have seen that in every township in the county there are two or more justice courts. These courts often give decisions that one person shall pay to another person a certain sum of money. This sum is usually less than one hundred dollars, never more than three hundred. It often happens that the person against whom this judgment is rendered will not pay the money, and has not in his possession property which can be seized for payment. But, if at some future time the person who owes the money shall acquire property, it may be seized to pay the debt. The judgment against him is therefore a record of value to the creditor, and he may require the justice to send a copy of this judgment to the county clerk, to be entered upon his records.

The county clerk keeps also a record of the proceedings of the district and circuit courts held in the county. Many of these proceedings affect or change the title to real estate. The recorder's books may show that a piece of land belongs to John Smith and that he has a clear title. Yet the clerk's books may show that there are judgments and costs against John Smith for which the land is liable to be seized. Or the clerk's books may show that a former owner of a piece of land is dead and the land is in the hands of heirs.

For the safe keeping of the county treasury and the valuable records of the county, the county provides a building with rooms for the various officers and a large room to be used for holding courts. The county also provides a jail for the safe keeping of criminals and persons charged with crime.

Section Iii.— Courts Of Record Held In The County

The entire state of Iowa is separated into fourteen judicial divisions, and each division elects two judges. One is called a district judge and the other is called a circuit judge. There are several counties in each judicial division, and each judge is required to hold court at least twice each year in each county. There are therefore four sittings of these courts in each county each year.

The district and circuit courts are of the same grade, and in ordinary civil cases the person who brings suit may take his choice of courts. But if it is a case appealed from an inferior court, it must be taken to the circuit court, if it is a civil case, and to the district court, if it is a criminal case. All probate business and matters of administration and guardianship must be taken to the circuit court; all criminal cases to the district court.

JURIES.

The trial of a criminal case in the district court costs the county a large sum of money. It is also a matter of great expense and annoyance to the person who is tried. If the person is not guilty, it is better for all concerned that he should not be tried. If he is guilty, it is for the best interests of society that all possible evidence shall be secured against him before the trial. If he is acquitted, he can not be tried again for the same crime, no matter how much evidence against him may be discovered after the trial.

The grand jury is a body of fifteen men, whose duty it is to examine all evidence of crime against individuals, and if twelve of them believe that the evidence against any one is sufficient to convict him of a crime, it is their duty to write definite charges against the supposed criminal, and he is brought before the district court for trial upon these charges. It is the duty of the district attorney to give the grand jury legal advice and to assist them in making out bills of indictment. The district attorney is also the legal adviser of county officers.

In the trial of a criminal before the district court, a petit jury of twelve men is impanneled, who hear all the evidence, the arguments of attorneys and the instructions of the court; and then, without communication with, or influence from any person outside of their own numbers, they decide whether the person is guilty or not guilty. This decision must be unanimous. If they can not agree the case may be tried again. A petit jury may be impanneled in the trial of all cases in the district and circuit courts, and in the inferior courts of the state. In all except criminal cases, if both parties to the suit desire to leave the decision to the judge, the jury may be dispensed with. In the justice's court a petit jury consists of six persons.

Section Iv.— State Government

The government in towns, townships, and counties of the state is administered in accordance with state laws. The officers are all elected or chosen as the statutes of the state direct, and their duties are defined by these statutes. The body whose duty it is to make all general laws for the government of the state is the General Assembly or State Legislature. It is composed of two houses,— a Senate, containing fifty members, and a House of Eepresentatives containing one hundred members. Senators are elected for four years and representatives for two years. The legislature meets in January of each alternate year.

The Governor of the state assists the legislature in making laws. He collects information upon the condition and needs of all departments of government in the state, and recommends to the general assembly such legislation as, in his judgment, the best interests of the state demand. When a majority of all the members elected to each house of the general assembly have voted for a bill, it is presented to the governor for his signature. If he signs it, the bill becomes a law of the state. If he objects to it and sends it back to the house in which it originated, it does not become a law unless it receives the vote of two-thirds of all the members of each house.

The governor is called the highest executive officer in the state, yet he ordinarily has little to do with the execution of state laws. The laws are enforced by town, township and county officers, and by the courts of record held in the counties. If any of these officers are resisted and are unable to enforce the laws, they may call upon the governor for assistance. [n that case it would be the duty of the governor to call out a sufficient force of the state militia to enforce the laws.