County government

“ It is apparent that the city people have much more control over the county government than the election of the Commissioners Court would indicate. Many of the county functions which most concern the city, for example, tax assessment and collection, are under the jurisdiction of officials elected by the county at large. ”

“ Where the township government is strong, as in New England, it takes the place of county government. Where people live in cities, they look to the city government to serve them rather than to the county government. In rural districts the people have come more and more to look to the state and national governments for such service as they expect government to give. ”

“ American counties, as a rule, have been more honestly and more economically governed than American cities. The fundamental objection to the existing system of county government is that it places in the hands of an elective body, the members of which are usually chosen for purely political reasons, the performance of many difficult executive functions. The management of finances, construction of roads, bridges, and public buildings, the proper treatment of the poor, the sick, and the insane are all 170tasks which require ability, skill, and experience. ”

“ A primary assembly of all the inhabitants of a county, for purposes of local government, is out of the question. There must be representative government, for this purpose the county system, an inheritance from the ancient English shire, has furnished the needful machinery. Our county government is near enough to the people to be kept in general from gross abuses of power. There are many points which can be much better decided in small representative bodies than in large miscellaneous meetings. The responsibility of our local boards has been fairly well preserved. ”

“ When the people become so thickly settled that the township and county government do not meet their local public wants, the community is incorporated as a village. Villages are often called towns, and incorporated as such, especially in the Southern States; but the word taken in this sense must not be confounded with the same word, denoting a political division of the county in New England, New York, and Wisconsin. ”

“ Better county government, however, involves a good deal more than a mere skeleton of organization. It is not enough to provide the means for fixing responsibility in a general though fundamental sense, in officers who are conspicuous and powerful. That is the beginning of efficiency. ”

“ PURPOSES.--The county organization brings justice near the people, enables them to attend to local affairs too extensive for a smaller community, and affords a medium by which they may transact business with the State. It serves as a convenient basis of apportioning members of the legislature among the people. It maintains local officers, such as sheriff and prosecuting attorney, whose duties would be too narrow if confined to a township. It secures a competent and higher tribunal than the justice's court for the trial of suits at law. ”

“ Armed with a certificate of election “direct from the people,” the sheriff, the coroner, the county clerk, owe no legal allegiance to anyone save to them. But the people have finished watching the election count and have gone home and back to work on concerns which are infinitely more absorbing than any which affects the county government.
Then there comes into play another political allegiance which is not of law. The “governing class,” which gave the separate county officers their jobs, is not in business for its health. It does not put men in paid positions out of pure bigness of heart. ”

“ The county is small enough to serve as a convenient unit for assessment operations and assessment records and furnishes the basis of a system of fewer units than if the town were the basis. Under the county plan, moreover, there are fewer opportunities for communities to compete against each other in their effort to escape their just share of the general burden of government. It is significant that most of the western states have seen the advantages [Pg 126] of the county as the local unit of administration. ”

“ The county remains the last fortress of the spoils system because the people as a whole have not been fully awakened to the importance of its work and because the political influences which control county government have heretofore been strong enough to prevent the loss of patronage which the introduction of the merit system would entail. ”

“ This system, like the simple county system everywhere, is a representative system; the people take no direct part in the management of affairs. In one respect it seems obviously to need amendment. In states where county government has grown up naturally, after the Virginia fashion, the county is apt to be much smaller than in states where it is simply a district embracing several township governments. Thus the average size of a county in Massachusetts is 557 square miles, and in Connecticut 594 square miles; but in Virginia it is only 383 and in Kentucky 307 square miles. ”

“ In this court another county officer, called the district or State's attorney, prosecutes persons who are accused of crime; i.e., he finds evidence of the prisoner's guilt and causes this evidence to be given by witnesses at the trial.
Functions of County Government.—Public highways are also matters of more than local interest. When an expensive bridge is to be built, or an important road in which several communities are interested is to be constructed, the county government can best raise the money and manage the work. ”

“ The county system has had no mean share in keeping alive the spirit of local independence and self-government among our people. As regards efficiency of administration, it has achieved commendable success, except in the matter of rural highways ”

“ LACK OF INTEREST IN COUNTY GOVERNMENT Although practically every citizen of the United States is also a citizen of a county, the people have as a rule shown surprisingly little interest in county government. As generally found it affords a striking example of poor service resulting from a lack of teamwork. County government has the reputation of being one of the weakest spots in our whole system of government. ”

“ A county charter may provide for the exercise by the county of authority over matters of county concern. Local improvements shall be financed only by taxes, assessments or charges imposed on benefited property, unless otherwise provided by law or charter. A county charter shall prescribe the organization of the county government and shall provide directly, or by its authority, for the number, election or appointment, qualifications, tenure, compensation, powers and duties of such officers as the county deems necessary. ”

“ The county can make no such appeal, and it is a political fact to be reckoned with that however you may urge that the county is an essential part of city government, that the city electorate is almost equivalent to the county electorate, and should assert an equal proprietorship, it is almost impossible to overcome the obsession that the county is an alien thing. ”

“ But just as almost every citizen has business and social relations outside of the neighborhood in which he lives, so different communities must have political relations with each other if they are to live in harmony. (For this and other reasons, which we shall learn presently, county governments are established. Their organization and functions correspond quite closely to those of the towns, villages, and smaller cities.)
Important County Officers.—The local governments cannot undertake alone the preservation of order or the protection of citizens against criminals. ”

“ Nowhere does the record state that because the people elected long strings of officers, the people therefore controlled those officers. All the while the services which government could render have become more and more numerous and the public needs of the people more pressing. And all the while too, the filling and holding of office for office sake has been vested with exaggerated importance, so that the county more perhaps than any other civil division has been the home of fictitious political “issues.” ”

“ If there were no counties most of the people would have to go long distances to the State capital in order to have important business attended to. County organization brings the advantages of government and the administration of justice nearer the homes of all the people. ”

“ With a combination of a structure of government designed to fix general responsibility, an administrative procedure designed to let daylight into public business and an administrative personnel free to serve the interests of the public, the people of the county will be in a position to just about get what they want, within the measure of power granted to the locality under the laws of the state. ”

“ Impressed by this striking circumstance, a body of citizens formed themselves into a permanent Federation to look deeper and longer into this back alley of their civic life. They found that the court house incident was but the most dramatic of a hundred falls from grace. The Public Efficiency Society of Cook County, Ill., the Westchester County Research Bureau, the Taxpayers’ Association of Suffolk County, the Nassau County Association in New York and the Tax Association of Alameda County in California have all been richly repaid for their investments in county government research. ”

“ But then that is what the voters have been doing these many years, and county government has not materially improved!
But if when the “good man” theory has been tested to the limit and found wanting, nothing else appears, may it not be suggested that the system has much to do with the man first in his selection and then in the influence that determines his conduct? The officers in the counties cited were creatures of the flesh. ”

“ What the state government actually does when it regulates or supervises is to hold up the county official to standards of performance. This is the proper work of officers or boards in the administrative branch. It relates not to what the county shall do as a matter of broad policy, but how the county shall redeem its obligation in matters of routine, detail and technique. The state agency may have only the power to “visit and inspect,” like the New York State Board of Charities, or it may, like the Comptroller of the same state, actually impose forms of procedure. ”

“ The local interests and improvements of the counties are apt to be neglected, the county interest is easily thrown into the scale of any party or faction,—more especially if that party or faction be subservient to the administration,—and, as the county member, when ministerial, has great influence over all the government offices and patronage connected with the county, the chances are, that these will be bestowed upon persons who are either ignorant of their duties, from a want of local knowledge, or disliked [170] by the independent proprietors upon party grounds. ”

“ There shall be elected by the qualified voters of each county, one county treasurer,—who shall not be elected or serve for more than two consecutive terms, nor act as deputy of his immediate successor; one sheriff, one attorney for the Commonwealth, and one county clerk, who shall be the clerk of the circuit court. There shall be elected or appointed, for four years, as the General Assembly may provide commissioners of the revenue, for each county, the number, duties and compensation of whom shall be prescribed by law ”

“ PURPOSES.--The division of the county into districts, each with its own court of law, brings justice to the people's doors. It secures officers to every part of the county, thus affording better means for the punishment of crimes. It provides a speedy trial for minor offences and minor suits. It aids the higher courts by relieving them of a multitude of small cases. As each district has one or more polling-places, it secures convenience to the electors in casting their votes.
GOVERNMENT.--The functions of the civil district arc judicial and executive, and lie within a narrow range. ”

“ County councils were organized in every county of each state and within most of the counties community councils, usually with the school district serving as the unit, were formed. These community councils were not committees, but were the community itself, with all its citizens and agencies organized for coöperative, effective, national service. It was a neighborhood democracy made effective by organization and it established a direct means of reciprocal communication between the Government and the masses of the people. ”

“ Our political system leaves the various functions of government to the smallest political communities that can perform them efficiently. The county has charge of all public interests that can be managed by it as well as by the State. Many public affairs, such as popular education, [1] private corporations, and the organization of the smaller political divisions, can be better managed by the State than by the National Government, and are therefore properly left to the State's direction. ”

“ A capitation tax is levied on all male persons over the age of twenty-one. The Board of Supervisors represents the county in all public matters, as in any action at law taken for or against the county, and it has the care and control generally of the public property, and the direction of the public business affairs of the county. ”