Citizenship dramatized; a bit of brightening for the study of civil government

Front matter

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Preface

He who learns from practice as well as precept, has ever been the most firmly grounded in knowledge ; and it is equally true that he to whom study is play, has ever been the most apt pupil.

Recognizing the fact that the study of government is becoming of major importance to a vast number of American women, and that increasing emphasis is being put on it in American schools, the authors of this little book have endeavored to present the essential facts of citizenship through a series of demonstrations or plays that will instruct and at the same time entertain. They are far from claiming to have given here an exhaustive compilation of facts on citizenship. Rather they have attempted to excite the curiosity of the individual pupil and thus lead him to investigate the subject himself.

With this in mind it is urged that those who take part in the following demonstrations visit the legislative sessions and political gatherings in or near their own communities whenever possible. This will enable them to make the performance realistic, and furthermore, as methods of government procedure differ in different localities, it will help to make each demonstration locally accurate.

For the past three years this method of instruction has actually been carried out with marked success in the High School of Melrose, Massachusetts; and during

iii iv PREFACE

the winter of 1919-20, it was enthusiastically adopted by the Melrose Equal Suffrage League in its citizenship work. There can be no doubt of the educational value of this method, nor of the entertainment it will afford, but any tendency to use it as a burlesque would be unpatriotic and destroy its further usefulness.

When the demonstrations are not given in a class room and supervised by a teacher, an efficient leader, who is familiar with the subject matter and can assign the parts and prepare the material, is absolutely essential. The leader also acts as a cicerone or showman explaining or emphasizing each episode in a performance.

In the class room all rehearsals may be dispensed with. Remarkable results will be obtained by allowing the pupil to imagine himself the person of his part and giving him great latitude in dialogue. It is more difficult for the adult to do this successfully, but the peculiar charm that characterizes this method of teaching will be forfeited by repeated rehearsals.

The story that appears in connection with each of the chapters is for the benefit of the leader, who for any reason cannot acquire this data for himself from the many available resources. It may be read or told as an introduction to the performance, if so desired.

Contents

Chapter I. The Story of Town Government . 1 The Instructions for Carrying on a Mock Town Meeting — Lists of Persons and Properties — Program of Demonstration in Detail — A Model Warrant — Model Ballot — Suggestions for Discussion on Articles of Warrant.

Chapter II. The Story of County Government 11 The Instructions for Carrying on a Mock Session of a County Court — Lists of Persons and Properties — Program of Demonstration in Detail — Diagram of Court Room — Model Trial Lists — Suggestions for Conduct of a Civil Suit for Damages.

Chapter III. The Story of City Government . 42 The Instructions for Carrying on a Mock Civic Election — Lists of Persons and Properties — Program of Demonstration in Detail — Model Nomination Papers — Model Polling List and Ballot— Model City Oath, etc., etc.

Chapter I The Story Of Town Government

One of the oldest and perhaps the most democratic of all forms of government is that of the town. Brought here from England, where it had existed for centuries, it still flourishes, particularly in New England, as a favorite and satisfactory form of self-government.

The two essential elements of the town government are the town meeting and the board of selectmen. The former might be called the town legislature. Instead of acting through delegates, however, the people act directly, and by open discussion and direct voting they determine the policies which affect them as individuals and as parts of the community.

The town meeting is held once a year — usually in the spring. The larger towns find it necessary also to hold one or two adjourned sessions, and at times, special meetings, to consider matters which require immediate attention. The warrant, posted in conspicuous places in the town, to inform the voters of the time and place of meeting and of the business to be transacted, is a tradition as old as the town meeting itself.

The most important functions of this assembly are the election of public officials and the passage of laws which deal with local affairs, such as public finance, schools, health, roads and the care of the poor. Reports.

X are made by the officials of the work accomplished and estimates of the money necessary for further use are submitted. Perhaps the most characteristic feature of this democratic institution, so dear to the real American, is the general discussion, interspersed with heated debates, which almost invariably occurs as each article .of the warrant comes up for consideration.

The town clerk is an important official. Among other things, he keeps the records and registers, issues licenses of various sorts and calls the town meetings to order, but the moderator, whose choice is the initial business of the meeting, is second to none in importance during the session.

Of course, the finances of the town are handled by the town treasurer, with the necessary* assistance of the assessors and collectors of taxes, and an auditor.

The selectmen, from three to nine in number, according to the size of the town, constitute the executive authority for all matters not otherwise assigned. They are usually elected for a term of three years and in case of the smaller board, the term of one member expires each year. This board assumes the general management of the town's affairs, listens to all complaints and represents the town in all suits at law. The New England town is a legal corporation and, as such, can hold property, sue and be sued.

It must not be forgotten that the foregoing description applies particularly to the town governments in New England, where the original methods and customs are still followed closely. In other parts of the country are found town governments more or less divergent from this cherished institution.

Persons Properties

Moderator

Town Clerk Town Warrant

Town Treasurer Ballots

Selectmen — three or five Gavel

School Committee Polling List

Tellers — two Ballot Box

Speakers — four or more

Questioners — two or three

Chronic Kicker

Constable

Village WSt

The demonstration of a town meeting, although logically the first in the class room course, is not imperative for a city unit of women who are studying citizenship ; but wherever given, it will prove most entertaining as well as instructive.

A mock warrant, typewritten and mimeographed, similar to the one given at the end of this chapter, may be sent out as a notice of the first meeting and should be used later as a program for the moderator's use. This may readily be made original and of local interest by reference to old records, which are always available at the town clerk's office. As nearly all of our American cities are not long graduated from the town form of government, old records will be equally available at the city clerk's office.

The use of real names of members of your group or class as candidates for town offices will add greatly to the interest. A complete list of the members, with their addresses, must be in readiness for a mock polling list.

The moderator should be your best parliamentarian. Besides the full quota of town officials, it is well to provide for several members to make motions and second them, others to ask questions, pertinent and impertinent, a few to carry on the discussion, and at least one chronic kicker who shall stand ready to object to the passage of any measure containing an appropriation.

Typewritten ballots modelled from the illustration should be prepared. The ballot box can be contrived with very little ingenuity, although it is sometimes possible to borrow one. During the course of the demonstration the leader should be ready to make any explanations that may be necessary. Facts from the story may be emphasized, and the subject matter of the foot notes is of no little value.

MODEL BALLOT x

TOWN ELECTION

Town of Warwick

May 7tl

Official 1—1920

Ballot

To vote for a person put a cross at right of name

Town Clerk

Treasurer — vote for one

Aaron Allen a

Byron Bailey

Bernard Bumpus

D

Selectmen — vote for one

School Committee — vote for one

Christopher Carpenter a

Helen Holden

Daniel Dooley

Horace Howe

D

Constable

George Green a

Joseph Jones

D i These ballots are supposed to be provided for by the town clerk and selectmen. The candidates in larger towns take out nomination papers, but in smaller places the selectmen constitute themselves a nominating committee.

THE DEMONSTRATION

After the reading of the story, as suggested in the preface, the leader opens the meeting with these words:

"In pursuance of the town warrant we are here assembled in Town Hall, Warwick, for the purpose of doing business. The hour has arrived. The meeting is called to order." He reads from the warrant —

"The first article — To choose a moderator. I await nominations from the floor."

Some one rises, is recognized by the leader and proposes Timothy Thomas for moderator.

This motion is seconded.

The leader says, "The motion has been made and seconded that Timothy Thomas serve as moderator of this meeting. How shall he be elected?"

Going through the usual form of recognition, some one proposes that Joseph Jones be empowered to cast on© vote for moderator.

This is done. The ballot being deposited in a hat, the leader draws out the ballot and says :

"I find one ballot bearing the name of Timothy Thomas. I declare him duly elected moderator of this meeting."

The moderator now assumes the chair. Taking the warrant, he reads Article II. As this refers to the election of town officers, the voting must be done with the prepared ballots. The moderator appoints two tellers, who distribute the ballots ; after which the voters file one by one past the tellers, who ask their names and check them off on the polling list. 1 After all ballots have been

1 In small towns the constable, who is supposed to know every one in the community, simply stands at the ballot box and his recognition qualifies the voter.

marked and deposited in the box, the votes are counted by the tellers with great solemnity, and as soon as the results are ascertained, the town clerk declares each successful candidate after this fashion :

"I find 30 votes cast for school committee; 15 for Helen Holden, 10 for Horace Howe, 5 blanks. I declare Helen Holden duly elected. ' ' 1

Article III is now read and the moderator asks for discussion. Speakers for and against rise, and after recognition by the chair, express their opinions. Some prepared speeches should be read, but impromptu opinions are most welcome and add much to the enjoyment of the session. There need be no hesitation about heckling the speaker when it is realized that the whole demonstration is but play.

When the question is called for it should be a yea and nay vote. Whenever the moderator is uncertain of the result, he may call for a rising vote or, in cases of appropriations, a roll call. 2

In this way each article in the warrant is read, discussed and acted upon.

Imaginary reports of committees 3 and town officers may be read, but as these are usually printed in the town Year Book for general distribution, this may be omitted or added at the option of the leader.

The meeting is adjourned in the usual parliamentary way.

i At this place the leader should explain that all town officers and the selectmen will be sworn into office at the town clerk's office on the following day.

2 The roll call is exactly what the name signifies.

s It is a tradition of the small town that each selectman assume the management of some portion of the town business, such as tax collecting, overseeing the poor, or repairing highways. This makes him technically the chairman of that committee.

WARRANT

To the Constable of the Town of Warwick in the County of Kent. GREETING : '

In the name of the Commonwealth of Massasoit, you are hereby required to notify the Inhabitants of the Town of Warwick, qualified to vote in elections and Town affairs, to meet at the

TOWN HALL on Monday the Seventh day of May, a. d. 1920 at 7:30 then and there to act on the following articles, viz: Article I. To choose a Moderator.

Article II. To elect town officials.

Article III. To see if the town will authorize the construction of a new road bridge over the Appleseed Brook

on the North Road.

Article IV. To see if the town will accept the Littlefield

Homestead for a Free Public Library building. Article V. To determine whether the Center School needs

shingling and to make appropriations for same if necessary.

Article VI. To see what disposition the town will make

of the lot of land lying south of the cemetery. Article VII. To act upon any other business which may

legally come before this meeting.

And you are directed to serve this Warrant by posting attested copies thereof at the Town Hall, the Post Office and the Depot, not less than seven days before the day appointed for said meeting, and by leaving printed copies of the Warrant at the dwellings of the legal voters before the day of meeting.

Hereof fail not, and make due return of this Warrant, with your doings thereof, to the Town Clerk, at the time and place of said meeting.

Given under our hands this 28th day of April in the year

George Green True copy — Attest: Daniel Dooley

Joseph Jones, Constable. Matthew Mason

Selectmen of Warwick.

8 THE STORY OP TOWN GOVERNMENT

Suggestions for Discussions on the Articles of the Warrant

Article III. Immdiately the moderator finishes reading Article III, which refers to a new bridge oyer the Appleseed Brook, some one jumps to his feet and says: ' ' I should like to ask, Mr. Moderator, what is the matter with the old bridge ?"

The moderator calls on the selectman who is responsible for the highways to answer the question.

Getting slowly to his feet, the selectman explains ponderously that there is nothing the matter with the bridge providing one keeps to the right going over to town and to the left coming back, but if experiments are tried with the middle or the downstream side they are likely to prove fatal.

Objection is taken to the word ' 'fatal" on the ground that the brook is not deep enough at this point to drown a cat. The selectman goodnaturedly explains that "fatal" refers to the old "hoss and buggy" rather than to life and limb.

Some one suggests that the boards might be replaced, and that the original sills could be used again to reduce the expense. Now the oldest inhabitant is called upon to tell how old the foundations really are. He allows that he doesn't know that; but he does know that his Uncle Nathan's initials are carved on the end of one of the stringers, and that Uncle Nathan has been dead sixty years.

Sixty years doesn't seem a long time for good oak timbers to stand up, remarks another speaker, who goes on to make the statement that there are timbers in his barn still "going strong" that are nearer a hundred and sixty than sixty years old.

Here the village wit asks the last speaker what he plans to do with his barn if he ever does tear it down. For his part he would like to contract for those fine old oak timbers, as he was reading in the almanac the other night, that dry rot was sure death to potato bugs.

Article IV. The proposition to shingle the school house is bitterly contested because it develops that one Bertram Bumpus has a quantity of cedar shingles left over which he is hoping to sell to the town. No one has discovered a recent leak, nor has the teacher complained of the roof not being tight, so it is finally decided to pass this over for another year, and use the money for painting the Poor-house.

Article V. The town votes to accept the Littlefield Homestead as a Free Public Library, although the rooms used for that purpose in the Town Hall are still adequate because, in accordance with the widow's will, if the town does not. take it, it goes to the next of kin. As the next of kin is known to be shiftless, the Town Fathers fear the old place will be allowed to run down and thus become a disfiguring feature of the Church Square, of which they are justly proud. This vote is not allowed to go through, however, until many anxious inquiries are made as to the expense of up-keep and equipment.

Article VI. When it comes to disposing of the lot south of the cemetery, the meeting is rent in twain. One faction wishes to sell it to the highest bidder, and add the price to the town funds. Another thinks it should be deeded to the cemetery lest the purchaser put it to some use that would not be in keeping with its sleeping neighbors. A third is horrified at its being incorporated in the cemetery because it was originally the Town Pound, and no one would buy a burying lot that had ever been put to such profane use*. The chronic kicker can see no reason why a perfectly good piece of land should be deeded away for any purpose without proper compensation, and if the trustees of the cemetery couldn 't sell it, the town should.

The village wit now comes forward with the bright idea of a burying lot for pet animals. He can think of several old horses in the neighborhood that are looking wistfully toward a rest.

Mr. Moderator feels obliged to snub this last speaker, and they vote to lay the question on the table.

Chapter II Story Of County Government

The county which we think of as being only a subdivision of the state, created for the purpose of facilitating the administration of the state laws, is really a legacy to us from the English shire. The functions of the county are determined by the legislature of the state, except where specified by the state constitution. Like the town the county is a corporation. It possesses property and therefore can sue and be sued. It looks after the peace of the district, administers justice, registers titles to land, provides for the upkeep of schools, builds and repairs roads and bridges, provides for the dependent, and protects the health of the community. The revenues of the county are derived from taxation, and out of these revenues are paid the expenses of carrying out the duties of the county.

The people of the county select their own officers, prominent among whom are the board of commissioners or supervisors, the sheriff, the treasurer, and the district attorney. Generally there are from three to five members on the board of commissioners, whose duties are the overseeing of all county buildings and property and fixing of the tax rate needed to cover the amount of county expenses. Powers are also -given the commissioners, in some states, to divide the county into townships, school and road districts. The duties and powers are necessarily different in each section of the country, but on the whole the functions of this board are materially the same.

Because of the many orders and decisions of the county judges and of all the higher courts of the state, which must be carried out within the limits of the county, the sheriff is perhaps the most powerful of all county officials. He usually looks after the county jail and its inmates, and in this work he is assisted by one or more deputies.

The county treasurer receives the money collected by the tax collectors, and he does not pay any bills except on the receipt of a written order from the auditor.

In most of the states there are county courts, known as courts for orphans, surrogate or probate. These have jurisdiction over the appointing of administrators and guardians, the probate of wills and the settlement of estates. The judges of these courts have a life tenure in Massachusetts, New Hampshire and Rhode Island, while in a majority of the others they are elected by popular vote for a certain term of years, and in all cases are subject to removal for bad behavior.

It can be seen by what has gone before that the local governments of town and county are most important, and upon their success or failure depends the efficiency of the larger government of the state. Although originally the county included the governing of only sparsely settled communities and isolated towns and districts, nevertheless today a single city may occupy one county, and in spite of the many changes in transportation and communication the form of county government remains practically the same.

COUNTY COURT Persons Properties

Judge Tables (eight)

Attorneys (eight) Chairs (twelve)

Jurymen (twelve) Settees (eight)

Jury officer Witness stand

Court crier Ballot box

Deputy sheriff Judge's robe

Court stenographer Sheriff's wand Plaintiff Defendant Witnesses (four)

Written Material

Trial lists (twenty)

Juror cards (fifteen)

Declarations

Special briefs (four)

Common brief

Testimony of witnesses (six)

Model lawyer's statement of

case ( two ) Model examination Model cross examination (two) Model lawyer's pleas (two) Lines for judge and court officials

INSTRUCTIONS In preparing for this demonstration, the leader should use great care' in assigning the parts to the members of the unit. The judge's role need not be given to the brightest member, for the few things he must say may be memorized. For the judge, clerk, sheriff and crier a careful reading and perhaps re-reading of the demonstration which follows would usually be sufficient to enable them to support their parts. A copy of the lines spoken by each person who has a speaking part may be made, and this held in some inconspicuous place during the performance.

The attorneys who try the case, however, should be good and original talkers. Some experience in debating will be an invaluable asset in their case. Their parts are so important that it would be well for each of them to visit a real court room and see real attorneys in action. If this is not possible, let them try to get a friendly lawyer to coach them in their parts. Lacking this preparation, a rehearsal with the leader will be necessary. The other four attorneys have inconspicuous parts with very short lines.

The court stenographer need be but a part of the ensemble; but if it chance that the unit has the good fortune to include a real stenographer in its number, it will add much to the demonstration to have her read real evidence from real notes.

The clerk, whose duties are more numerous than any other court official (see Demonstration), must appear to write busily whenever he is not otherwise employed. Consulting with the judge in whispers is also the clerk's prerogative.

The court crier has a formula for the opening and closing of the court which will be easily memorized. The sheriff, whose duty it is to escort the judge into the court room with great formality, must also keep order in the court room. He may rap if whispering, laughter, or any commotion is apparent. He may reprimand any spectator who is reading or otherwise not paying due respect to the court.

The jury officer ushers the jury in and out, receives their charge from the clerk, and, with great dignity, walks about occasionally on imaginary errands.

The plaintiff and defendant, as indicated in the diagram, are seated with the witnesses until they are sworn in or called to the witness stand. There, they answer questions in accordance with the transcripts of their evidence which have previously been given them by the leader. The common brief should be copied or written, if an original case is used, and ten copies should be mimeographed. These are for the four attorneys, the four witnesses and the plaintiff and defendant. The transcripts of evidence are, as will be seen by consulting the models, all different, and are for the plaintiff and defendant and the four witnesses. In order that the witnesses shall be thoroughly familiar with their subject matter, their testimony should be given them some little time before the performance. The statements of the case are for the first two lawyers only, and it is quite permissible to read these from copies before the judge and the jury. The model pleas are for the two second attorneys. After the idea is grasped, however, it will be better to discard them and write original ones. For as this plea is the real feature of the performance, individuality and spontaneity will add immeasurably to the interest. The model examination and cross examination are purely suggestive too, and will need to be copied in writing only if the mock attorneys are unable to have the use of the book for preparation.

The trial lists (often called "short lists") which are supposed to be taken from the clerk's docket, must be typewritten and mimeographed in readiness for the performance. They may follow the model given on page 23 or be quite original, as the leader closes. They should be a conspicuous part of the court scene, and every one in the performance (except the jurymen) may help himself to one, as they lie on the clerk's desk.

The witness stand, which is really a small platform with a railing on three sides, can be easily improvised by a low stool placed behind a highbacked chair. This gives the step up and a place for the hands to rest while testifying.

The box containing the juror cards is called a ballot box. A good substitute is a small barrel, such as cookies are packed in. It is supposed to contain the names of all the jurymen chosen for a whole session, but fifteen names, leaving three to be challenged, will suffice. If the real names of members of the unit are used, it will add to the interest ; in that case, they can simply sit in the audience until their names are called by the clerk and there need be no preparation on their part. 1 For this demonstration, choose, if possible, a hall having an adjoining room, as this is much needed for the jurors' retirement.

The diagram below should be followed carefully, not

Witness Stand

Df

OosB

O Sheriff o o

Attorneys

Door

O Judge

Q Clerk

O O Attorneys

Attorney Benches

Plaintiff — Defendant

Witness Benches

Crier O i The leader might explain here that a juryman, if drafted, must serve unless he can prove good and sufficient reason to prevent.

only in arranging the mock court room, but also in seating the court.

A university graduate's gown may be substituted for the judge's robe, and for the sheriff's wand use a broom handle which may be decorated, if talent is available, with the arms of the state.

After the leader, or some one chosen by the leader, has made the introductory remarks on county government, let the sheriff be sent to conduct the judge into court. Meanwhile the clerk and court stenographer take their places as indicated on the diagram, and the eight attorneys occupy the benches assigned them.

The crier and jury officer stand on either side of the entrance to the improvised court room, while the judge in his robe, accompanied by the sheriff, marches in. The court and spectators stand as the judge enters and remain standing until he has taken his place. While all are still standing, including the sheriff who holds up his wand near the judge's bench, the crier, from his place, says: "Hear ye! Hear ye! Hear ye! All persons having anything to do before the Honorable, the Justices of the Superior Court in the first session thereof now sitting in Boston within and for the County of Suffolk, draw near and give your attendance and you shall be heard : God save the Commonwealth of Massachusetts ! ' '

As soon as the court is seated, the attention of each and all is turned to the trial lists, from which. the clerk begins to read. As he reads, the four attorneys, who are not trying the case, chosen for demonstration, answer when their cases are called, using the data furnished them by the leader. (See Special Briefs 1-2-3 & 4 page 24.) In doing this they may move forward to the judge's bench or stand at their places. Several cases are not responded to at all and these are supposed to be dropped from the docket, without comment by the court; but when a plaintiff's case is ready and no one appears for the defendant, the judge, after looking about the court sharply, may say,' ' ' This case is dropped to the next session." The same form is used when a plaintiff's lawyer is the non-appearing party. If the response is made that an important witness is unable, to be present or that the attorney for either side is trying at the same time another case in another court, the judge may say "This case may stand" or "This case may go to the bottom of the list. ' '