Elements of Civil Government by Alexander L. Peterman

A >> Alexander L. Peterman >> Elements of Civil Government

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15

In each militia district of every county of the State, except in
certain cities, there is a _justice court_. This court was established
for the trial of cases involving small amounts, and for the preliminary
trials of persons charged with offenses against the laws of the State.
The justice is elected for a term of four years by the voters of the
county. To be eligible for this office one must have been a resident
of the district for three months, and such other qualifications apply
as do to voters for members of the General Assembly. This court holds
its sessions monthly.

Upon the recommendation of the grand jury of the county, a _notary
public_ and _ex-officio justice of the peace_ may be appointed by the
judge of the superior court and commissioned by the Governor. His
powers are the same as a regularly elected justice, and his term of
office is for the same number of years.

The jurisdiction of the court extends to all cases arising from
contracts, or injuries, or damages to personal property, when the
amount claimed does not exceed $100. Contests for the possession of
personal property, when the title is not involved, may also be tried in
justice courts. When the amount involved is less than $50 an appeal
may be had to a jury of five men; if the amount exceeds $50, an appeal
may be had to the superior court.

Upon the arrest of any person charged with any offense against the laws
of the State he can be brought before the justice of the peace for a
preliminary trial. If in the opinion of the justice there is
sufficient evidence, he is bound over to a higher court for trial.

The justice of the peace can issue warrants for the arrest of persons
charged with crimes, and is qualified to administer oaths. The
executive officer of the justice court is the _constable_, who is
elected by the people for a term of two years. He serves subpoenas,
levies executions, conducts the sales of the court, and makes arrests.

In 1912, the provisions of the Constitution recommending the
establishment of justice courts in each militia district were amended
so as to allow such justice courts, the office of justice of the peace,
and of notary public, _ex-officio_ justice of the peace, to be
abolished in certain cities in Georgia by the establishment in lieu
thereof of such court, or system of courts, as the General Assembly may
deem necessary. Such courts have been established in Atlanta and
Macon. The territory, jurisdiction, and power of these courts are set
forth in the act creating them.

A _county court_ is established upon the recommendation of a grand jury
in a county. The judge of the court is appointed by the Governor for a
term of four years. The judge of a county court must be twenty-one
years of age, and must have been a resident of the county one year.
The court holds monthly and quarterly sessions at the county seat. The
jurisdiction of the court extends over the county where it is located.
The court has jurisdiction in all civil cases where the amount involved
does not exceed $500, save where exclusive jurisdiction is given to the
superior courts. Criminal cases are also tried in county courts when
the crime with which the defendant is charged is called a misdemeanor.
In some counties also there are county courts established by special
acts of the Legislature.

Many _city courts_ have been established by the Legislature. The judge
of a city court is appointed by the Governor, or elected by the people,
according to the provisions of the act establishing the court. The
term and the qualifications of the judge, and the jurisdiction of the
city court, are also fixed by the legislative act creating the court.
The term is sometimes four years and sometimes two.

The _solicitor_ of the city court is appointed by the Governor, or
elected by the people, for a term of two or four years. It is his duty
to represent the State in all criminal cases tried in that court.

There is in each county of the State a _court of ordinary_. The
presiding officer of this court is styled the _ordinary_. He is
elected by the voters of the county for a term of four years. The
jurisdiction of the court of ordinary extends throughout the county
over all matters relating to the administration of property of deceased
persons, orphans, idiots, lunatics, and insane persons. In the
ordinary is vested the power of appointing guardians of the person of
orphans and insane persons. The ordinary also has charge of county
roads and revenues where no board of county commissioners has been
established. The ordinary is clerk of his own court, and the sheriff
of the county is his executive officer.

The State is divided into twenty-six _judicial circuits_, and each
circuit has one _superior court judge_ (or mote than one if the
Legislature so provides). This judge is elected by the people for a
term of four years. To be eligible he must be thirty years of age; he
must have been a citizen of the State for three years, and must have
practiced law seven years.

The _superior courts_ have original and appellate jurisdiction.
Actions may be begun in this court, and actions may be appealed to this
court. The original jurisdiction of this court extends exclusively
over all suits for divorce, suits where titles to land are involved,
cases in equity, and criminal cases where the person is accused of a
crime the punishment for which is loss of life or imprisonment in the
penitentiary. Offenses of a lesser grade are called misdemeanors. The
court has jurisdiction over all civil cases. The _judge_ of the
superior court has the power to issue various writs for the enforcement
of the law, and grant charters to all corporations, except banking,
insurance, railroad, canal, navigation, express, telephone, and
telegraph companies. Cases appealed from justice courts, county
courts, courts of ordinary, and certain city courts lie to the superior
courts.

The _clerk_ of the Superior court is elected by the people for a term
of two years. He has custody of all court papers, records, liens,
deeds, mortgages, and other conveyances, issues executions, subpoenas,
commissions to take interrogatories, and other writs with the authority
of the court. He also has the power to administer oaths.

The _sheriff_ of the county is properly a county officer, but his
duties are closely allied with the superior court. He is elected by
the people for a term of two years. It is his duty to execute all
orders of the court, attend in person or by deputy all its sessions,
keep a record of all sales and executions, publish advertisements of
sales, and conduct sales at the county seat. He levies executions,
serves warrants, and executes all the writs of the judge of the
superior court. The sheriff may appoint deputies to assist him in the
performance of his duties.

The _solicitor-general_ is elected by the people for a term of four
years. He must have been three years a citizen of the State, he must
be twenty-five years of age, and must have practiced law three years.
He is the solicitor of the whole circuit, and is not a county officer.
He advises the grand jury, examines witnesses before that body, and
draws up all indictments and presentments. It is his duty to prosecute
or defend any civil action in his circuit in which the State is
interested, collect moneys arising from fines and forfeited bonds, and
all claims of the State, as ordered by the Comptroller-General. He
represents the State in all criminal actions in the superior court, of
which he is the solicitor, and in the Court of Appeals or the Supreme
Court in cases appealed from his circuit.

The _Court of Appeals_ consists of three judges, elected one every
second year for a term of six years. The _Supreme Court_ consists of a
chief justice and five associate justices. They are elected two every
second year for a term of six years. A judge of the Court of Appeals
or a justice of the Supreme Court must be thirty years of age, must
have been a resident of the State three years, and must have practiced
law seven years.

The Court of Appeals has appellate jurisdiction in cases appealed from
certain city courts, and in criminal cases, not capital, appealed from
the superior courts. The Supreme Court has appellate jurisdiction in
civil cases appealed from the superior courts, and in all cases of
conviction of capital crime. The Supreme Court also settles any
question as to the meaning of the Constitution, and as to the
constitutionality of a State law. It is the highest judicial authority
in the State.

COUNTIES.--The State is divided into one hundred and forty-eight
counties, and each county into militia districts, according to its size
and population. Every militia district in the State must contain at
the time of its organization at least one hundred male residents over
twenty-one years of age who are subject to militia duty, and no militia
district can be reduced in population below this requirement by the
formation of a new one. While no additional counties can be created in
the State except by a constitutional amendment, one may be abolished or
merged into adjoining counties by a two-thirds majority of the voters
of the county.

Each county in the State has an organized government, with powers
delegated to it by the State government. These powers are largely
administrative, and have for their chief purpose the enforcement of
general laws. Each county is a body corporate, with the power to sue
or be sued in any court, make contracts, and buy and sell real estate.
Its debt cannot exceed seven per cent of the assessed valuation of the
taxable property.

ORDINARY.--The office of ordinary is the most important in the county.
He is the principal administrative officer in the county. When sitting
for county purposes he has exclusive jurisdiction in directing and
controlling all county property and in levying general and special
taxes. He has control over all roads and bridges, establishes and
alters election precincts and militia districts, appoints officers to
fill all vacancies in the county. He audits the accounts of all county
officers, makes rules and regulations for the relief of the poor. He
issues marriage licenses, pays pensions to Confederate veterans,
licenses and regulates peddling, and collects special taxes assessed by
the State. He is elected for a term of four years.

He is both a judicial and an administrative officer. His judicial
duties have been explained.

A part of his administrative duties as to roads and revenues is
performed in some counties by a board of county commissioners.

COUNTY COMMISSIONERS.--A board of county commissioners may be created
by the General Assembly to administer the executive powers of the
ordinary. The powers of the commissioners differ in the various
counties, and their duties are prescribed by the act creating them.
They are called commissioners of roads and revenues. When county
commissioners are provided for by legislative enactment the ordinary
ceases to perform the duties given to the commissioners.

JURY COMMISSIONERS.--The board of jury commissioners is composed of six
members, who are appointed by the judge of the superior court for a
term of six years. Two members are appointed every second year.

This body meets in August, biennially, to revise the jury list. It
selects from the books of the tax receiver "upright and intelligent
men" to serve as jurors. The most intelligent and experienced are
selected for the grand jury. The name of each person subject to serve
on the jury is written on a separate slip of paper and placed in the
"jury box." At each term of the superior court the judge draws out of
this box from eighteen to thirty names, from which the grand jury is
impaneled. In the same manner thirty-six names are drawn for the petit
jury.

_Grand Jury_.--The grand jury consists of not less than eighteen nor
more than twenty-three members. A foreman is elected by the jury. It
is their duty to indict or present for trial all persons who from their
own knowledge, or from evidence brought before them, are charged with
an offense against the laws, and against whom sufficient evidence is
produced to sustain the charge. It is also their duty to inspect the
books and accounts of all county officers, examine the tax receiver's
digest, and inquire into the condition and management of the county
roads, jails, and schoolhouses. It advises the ordinary in the
administration of the county tax, determines the salary of the county
judge, jurors, and bailiffs, and appoints the members of the board of
education.

_County Treasurer_.--All revenue paid into the county arising from
taxes, and all other sources, is paid to the county treasurer, who
disburses it only upon warrants issued by the ordinary or board of
county commissioners.

_Tax Receiver_.--It is the duty of the tax receiver to secure from
each taxpayer, under oath, a statement of the character and amount
of his taxable property. Three digests are prepared from the full
returns made to the tax receiver, who must furnish one to the
Comptroller-General, the tax collector, and the ordinary.

_Tax Collector_.--It is the duty of the tax collector to collect all
taxes due the State and county, and to pay the same over to the
Comptroller-General and County Treasurer, the portion due the State
going to the Comptroller-General. He is to search out and ascertain as
far as possible all poll and professional taxes due and unpaid, and all
taxable property not found in the digest, and to assess the same and
collect thereon a double tax. He also issues against all defaulters,
executions, which are placed with the proper officials for collection.

_Road Commissioners_.--Each county is arranged into road districts in
order that the labor and expense may be divided as equally as possible
throughout the county. Three commissioners are appointed in every
district for a term of two years, and are excused only for providential
causes; but while serving they are exempt from jury, militia, and other
road duty.

All male residents of the State between the ages of sixteen and fifty
years are subject to work on the public roads, with the exception of
preachers, cripples, and employees of the Insane Asylum, and the like.
No person, however, is required to work for a longer time than fifteen
days in the year, or for a longer time than five days in succession.
The commissioners have the power to fine or imprison defaulters.
Counties may, however, adopt an alternative plan for working the roads:
in such counties a special tax is levied on property, the proceeds of
which are spent on the roads, and able-bodied men between eighteen and
fifty years of age are subject to road duty for not more than five days
each year, or they may pay a small commutation tax instead.

CORONER.--The principal duty of the coroner is to hold inquests, with a
jury composed of six electors, over the bodies of all persons who have
died suddenly and under suspicious circumstances. Upon the verdict of
the jury, the coroner may commit to prison, to await trial, any person
found guilty of homicide. The coroner is also _ex-officio_ sheriff
when the latter is disqualified or absent from the county.

_County Surveyor_.--The county surveyor makes surveys of county and
district lines, and such other surveys as are required by the
Comptroller-General.

CITIES AND TOWNS.--Where the necessity demands it in very thickly
populated districts, and where the county government would be
inadequate for the requirements of the community, local governments are
established, which are termed _municipal corporations_.

Such corporations are chartered by the General Assembly, and the form
of government of each municipality is prescribed in the act creating
it. No distinction is drawn in Georgia between towns and cities.

The form of the municipal government conforms to a large extent to that
of the State government, the legislative power being delegated to a
council or board of aldermen, the executive to the mayor, and the
judicial to a recorder, or some one performing the duties usually given
to this officer.

The council is composed of the _mayor_ and a number of _councilmen_.
They are elected by the voters, usually for a term of one or two years.
The councilmen in some places are elected from various city wards; in
others they are elected by the town or city at large. In some cities
the _recorder_ is elected by the council, and in some he is elected by
the people. In some the mayor performs the duties of the recorder.

Under some charters, the city comptroller, tax collector, treasurer,
and city attorneys are elected by the voters, while the minor officers,
such as the city clerk, tax assessors, members of the board of health,
the board of education, and the board of police commissioners, are
elected by the council.

The revenue of a city is derived from a general tax on all real and
personal property, which must be uniform, and a license tax on all
occupations, which is varied with the occupation.

EDUCATION.--There is a thorough system of public schools for the
education of the children of the State, the expenses of which are
provided for by taxation or otherwise. The schools are free to all
children of the State, but separate schools are provided for white and
colored children. The State appropriates money directly to the support
of the public schools.

Authority may be granted to counties, school districts, or to
municipalities, upon the recommendation of the corporate authority, to
maintain schools by local taxation, levied in addition to the amount
appropriated by the State. But such a law takes effect in any county
district, or municipality, only if ratified by a two-thirds majority of
the citizens voting on the question.

The _State Superintendent of Schools_ is the executive head of the
school system of the State, and to him are submitted reports from the
county school superintendents. He prepares the questions for teachers'
examinations.

The _State Board of Education_ is composed of the Governor, State
Superintendent of Schools, and four other persons who are appointed by
the Governor and confirmed by the Senate. At least three of these
appointees must be men of practical experience in teaching schools and
of high standing in educational work, having had at least three years'
practical experience in the schools of Georgia.

The board is authorized to receive bequests for education, and invest
the principal sums when the interest only is to be expended. The board
is an appellate and advisory body. The State Superintendent of Schools
is required to advise with the board for the better performance of his
duties, and appeals from his decisions lie to the board.

It is the duty of the State Board of Education to provide rules and
regulations for the supervision of all schools in the State; to provide
the course of study and select textbooks for all common and high
schools of the State receiving State aid; also to provide a system of
certification for the teachers of the public schools.

The schools of each county are under the control of a _County Board of
Education_. The grand jury of a county selects five citizens to serve
on the board for the term of four years. The county is divided by the
board into school districts, and a school is established in each
district which may have three trustees who act under the general
supervision of the County Board of Education.

The board employs teachers, rents property, buys school furniture, and
makes all arrangements necessary for the efficient operation of the
schools.

The _County School Superintendent_ is elected by the qualified voters
of each county for a term of four years. Under a recent act the term
of all these officials is uniform and expires January 1, 1917. He must
be a resident of the county in which he offers for election and be a
person of good moral character. In addition to the above there are
four tests laid down by law and the County School Superintendent must
qualify under at least one of these:--

1. Three years' experience in teaching, one year of which shall have
been in Georgia, and the possession of a first-grade license.

or

2. A diploma from a reputable college or normal school.

or

3. Five years' experience in actual school supervision.

or

4. An approved examination before the State Board of Education as to
qualifications.

It is his duty to examine on a day advertised for that purpose all
applicants for licenses to teach, and to grade such applicants
according to the instructions of the State Superintendent of Schools.
He is a medium between the State Superintendent of Schools and all
subordinate school officers, and acts as the agent of the County Board
of Education in purchasing school furniture, apparatus, and all
educational requisites.

Besides partly supporting the public schools, the State supports other
institutions for higher learning. These institutions, though situated
in different parts of the State, are collectively known as the
_University of Georgia_, which has its seat at Athens. The head of all
these institutions is styled the _Chancellor_, but each has its
President and separate board of trustees. The trustees are appointed
by the Governor for various terms.

The University of Georgia consists of the college at Athens and the
following branches: The Georgia Normal and Industrial College, State
Normal School, South Georgia State Normal School, State College of
Agriculture, North Georgia Agricultural College, Medical College,
Technological School, and Georgia State Industrial College for Colored
Youths.

The educational system of Georgia is being constantly improved by
voluntary local taxation supplementing the State funds. Every child in
Georgia is entitled to receive a thorough education, suited to the
station in life to which he can reasonably aspire. This much should be
demanded. Nothing less should be accepted as sufficient. May the time
soon come when the people of Georgia will realize that money spent to
develop the minds and characters of their children is the best
investment to be made for them in time and eternity.

ELEEMOSYNARY INSTITUTIONS.--At the expense of the whole people, the
State of Georgia maintains the following eleemosynary institutions:
Georgia Academy for the Blind, Macon; Georgia School for the Deaf, Cave
Spring; the Soldiers' Home of Georgia, Atlanta, Georgia State
Sanitarium for the Insane, Milledgeville; Georgia State Tuberculosis
Sanitarium, Alto; and the Georgia Training School for Girls.

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15