Chapter 5

THE TOWN: WHY AND HOW ORGANIZED; OFFICERS; TOWN BUSINESS.

Necessity.--Now instead of a company going to an island to found new homes, let us think of immigrants to a new part of a state.

Like the people on the island, they will need roads, bridges, and schools; and they will desire to preserve the local peace. Hence they, too, will need to organize as a political body.

Size.--Since these people are going to meet at stated periods to agree upon the amounts to be put into public improvements and to select officers to carry out their wishes, the territory covered by the organization should not be very large. It should be of such a size that every one entitled to do so can reach the place of meeting, take part in the work thereof, and return home the same day, even if he has no team.

Basis.--Will anything be found already done to facilitate matters? Yes. Those parts of the state open to settlement will be found surveyed into portions six miles square. These squares are called in the survey "townships," plainly indicating that they were meant by the general government to be convenient bases for the organization of "towns." And they have been so accepted.

Draw a township. Subdivide it into sections and number them in accordance with the U.S. survey. Subdivide a section into forties, and describe each forty. Why do we have such divisions of a township? Locate your father's farm. What is the difference between a _township_ and a _town?_ [Footnote: In some states the terms "congressional township" and "civil township" are used.]

Corporate Powers.--A town is in some respects like an individual. It can sue and be sued. It can borrow money. It can buy or rent property needed for public purposes. And it can sell property for which it has no further use. Because a town can do these things as an individual can it is called a corporation, and such powers are called corporate powers.

When we say that "the town" can do these things, we mean of course that the people of the town as a political body can do them, through the proper officers.

Officers Needed.--The town needs one or more persons to act for it in its corporate capacity and to have general charge of its interests.

Should there be one, or more than one? Why? How many are there?

Every business transaction should be recorded, and the town should have a recording officer or secretary.

What is the recording officer in this town called? What is his name? Which officer would naturally be the custodian of public papers?

It takes money to build bridges and to carry on other public works, and the town needs some one to take charge of the public funds.

What is the officer called? Who occupies that position in this town? How is he prevented from misappropriating the money belonging to the people?

Our plan for raising public money for local purposes is, in general, that each person shall contribute _according to the value of his property._ Hence the town needs a competent and reliable man to value each person's property.

What is such an officer called? What is the name of the one in this town? Is any property exempt from taxation? Why? Just how is the value of the real estate in the town ascertained for the purpose of taxation? The value of the personal property? Get a list and find out what questions this officer asks. Read the statement at the bottom of the list carefully, and then form an opinion of a person who would answer the questions untruthfully for the purpose of lowering his taxes.

The immediate care of the roads will demand the attention of one or more officers.

How many in this town? What are such officers called? Name them.

Differences about property of small value sometimes arise, and to go far from home to have them settled would involve too much expense of time and money; hence the necessity of local officers of justice. These officers are needed also because petty acts of lawlessness are liable to occur.

How many justices of the peace are there in each town? Why that number? What is the extent of their jurisdiction?

The arrest of criminals, the serving of legal papers, and the carrying out of the decisions of justices of the peace, make it necessary to have one or more other officers.

What are such officers called? How many in each town? Why? Look up the history of this office; it is interesting.

The public schools of the town may be managed either by a town board of trustees, who locate all of the school-houses, engage all of the teachers, and provide necessary material for all of the schools in the town; or the town may be divided into districts, the school in each being managed by its own school board.

Does the township system or the district system prevail in this state? Name some state in which the other system prevails.

How Chosen.--In this country most of the public officers are chosen by the people interested. The great problem of election is how to ascertain the real will of those entitled to express an opinion or have a choice. And all the arrangements for conducting elections have in view one of two things: either to facilitate voting or to prevent fraud. The town serves as a convenient voting precinct.

Find out from the statutes or from the town manual or by inquiry, when the town meeting is held; how notice is given; how it is known who may vote; who are judges of election; how many clerks there are; how voting is done; how the votes are counted and the result made known; what reports of the election are made. Give the reason for each provision. Can a person vote by proxy? Why? What is to prevent a person from voting more than once? If the polls are open seven hours, and it takes one minute to vote, how many persons can vote at one polling place? What may be done in case there are more than that number of voters in the town? How are road overseers elected, and in what part of the day? Why then? What other business is transacted at town meeting? How do the people know how much money will be needed for the coming year's improvements? How do they learn the nature and expense of last year's improvements?

Give four general reasons for our having towns.

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PRACTICAL WORK FOR STUDENTS.

I. ORGANIZING A TOWN.

Prepare in due form a petition to the proper authorities asking that a new town be organized. [Footnote: For forms see Appendix. If necessary, all the pupils in the room or school may act as "legal voters." (This "Practical Work" may be omitted until the review, if deemed best.)] Be sure that the order establishing the new town is duly made out, signed, attested and filed. Give reasons for each step.

II. HOLDING ANNUAL TOWN MEETING.

1. Preliminary.--What report does each road overseer make to the supervisors? When is the report due? What do the supervisors require this information for?

Who gives notice of the town meeting? When? How?

When does the town treasurer make his report to the persons appointed to examine his accounts? When does this examination take place? What is its purpose?

What report does the board of supervisors make to the people at the town meeting? When is it prepared? Why is it necessary?

Why so many preliminaries?

2. The Town Meeting.--That everything may be done "decently and in order," it will be necessary to consult carefully the statutes or the town manual. Be sure

(a) That the proper officers are in charge. (b) That the order of business is announced and followed. (c) That the polls are duly declared open. (d) That the voting is done in exact accordance with law. (e) That general business is attended to at the proper time. (f) That reports of officers are duly read and acted upon. (g) That appropriations for the succeeding year are duly made. (h) That the minutes of the meeting are carefully kept. (i) That the polls are closed in due form. (j) That the votes are counted and the result made known according to law. (k) That all reports of the meeting are made on time and in due form.

3. After Town Meeting.--See that all officers elected "qualify" on time and in strict accordance with law. Especial care will be needed in making out the bonds.

Town clerk must certify to proper officer the tax levied at town meeting.

III. LAYING OUT AND MAINTAINING ROADS.

1. Laying out a Road.--Make out a petition for a town road, have it duly signed and posted. In due season present it to the supervisors who were elected at your town meeting.

The supervisors, after examining the petition carefully and being sure that it is in proper form and that it has been duly posted, will appoint a time and place of hearing and give due notice thereof.

When the day of hearing arrives they will examine the proofs of the posting and service of the notices of hearing before proceeding to act upon the petition.

Having heard arguments for and against the laying of the road, the supervisors will render their decision in due form.

In awarding damages, the supervisors will probably find four classes of persons: first, those to whom the road is of as much benefit as damage, and who admit the fact; second, those who should have damages, and are reasonable in their demands; third, those who claim more damages than they are in the judgment of the supervisors entitled to; and fourth, those who from some cause, (absence, perhaps,) do not present any claim. From the first class, the supervisors can readily get a release of damages. With the second, they can easily come to an agreement as to damages. To the third and fourth, they must make an award of damages. Let all of these cases arise and be taken care of.

The supervisors must be careful to issue their road order in proper form, and to see that the order, together with the petition, notices, affidavits and awards of damages, are filed correctly and on time. The town clerk must read the law carefully to ascertain his duty, and then perform it exactly. See that fences are ordered to be removed. Let one of the persons who feels himself aggrieved by the decision of the supervisors, "appeal" to a proper court. Let this be done in due form. As each step is taken, let the reasons for it be made clear.

2. Maintaining Roads.--Road overseers return the list of persons liable to road labor. How are these facts ascertained, and when must the "return" be made?

Supervisors meet and assess road labor, and sign road tax warrants. When and how is this done?

How is the road tax usually paid? How else may it be paid? How does the overseer indicate that a person's tax is paid? If a person liable to road tax does not "commute," and yet neglects or refuses to appear when duly notified by the road overseer, what can the latter do about it? How is delinquent road tax collected? How can a person who has paid his tax prove that he has paid it?

Under which of the three great purposes of government mentioned in the preliminary chapter does the making of roads come?

THE TOWN--_Continued_.

THE SCHOOLS.

Does the town system or the district system prevail in this state? If the latter, tell how a school district is organized. Give an account of the organization of this district.

How many and what officers have charge of the schools? State the duties of each. Name the officers in this district. When are the officers chosen, and how long do they serve? Are all chosen at once? Why? How do they "qualify?" Are women eligible to school offices? To any other?

Did you ever attend the annual meeting? When is it held? Why held then? Who take part? What business is transacted? What are "special" school meetings?

What expenses must be met in having a school? Where does the money come from? How does the treasurer get it into his possession? What is to prevent his misusing it?

By whom is the teacher chosen? Why not elect the teacher at the annual meeting? Get a teacher's contract and find out who the contracting parties are, and what each agrees to do. Why is the contract in writing? How many copies of it are made? Who keep them, and why?

If you had a bill against the district, how would you proceed to get your money? If the district refused or neglected to pay you, what could you do? If some one owed the district and refused to pay, what could it do?

Who owns the school buildings and grounds? How was ownership obtained? If it seemed best to erect a new schoolhouse in some other part of the district, what could be done with the present buildings and grounds? Could the district buy land for other than school purposes? Could it lend money if it had any to spare? If the district had not money enough to erect its buildings, what could it do? What are the corporate powers of a district?

_Questions for Debate._

_Resolved,_ That it is unfair to tax a bachelor to support a school.

_Resolved,_ That the town system is better than the district system.