Obrázky stránek
PDF
ePub
[graphic]

for life or good behavior, in practically all cases serve for definite terms of office ranging from two to twenty-one years.

At the head of the state judiciary is the supreme court, sometimes called the court of appeals; or, as in New Jersey, the court of appeals and errors. This usually consists of from five to nine judges. This court does in the state what the federal Supreme Court does for the Union. protects the rights of the citizens guaranteed in the state constitution, interprets statute law, and keeps the different parts of state government in their place, preventing them from overstepping their constitutional positions.

It

In about one-third of the states provision has been made for superior or circuit courts, occupying about the same place and doing about the same kind of work in the states that the Circuit Courts of Appeal perform in the National Government. These two higher courts hear cases which are appealed from the lower courts.

County or District Courts The county or district court, or court of common pleas as it is sometimes called, is a lower court -a trial court-corresponding in many ways in its position in the state to the federal district court in the National Government. This court settles important civil disputes between individuals; tries important criminal cases, and, in some states, looks after the rights of minor orphan children and the distribution of property left by people who have died. In most states, however, county, probate, circuit, or or

give a strict accounting to the state. Public Utilities such as SUBWAYS, railways, etc., also operate under state supervision.

Each state has a system of courts and judges. All the lower courts-county, city, magistrate and municipal courts-are under the jurisdiction of the state. The interior of all courts is about the same as here shown. One should never forget that

trial by jury is a constitutional right of every one in this country. Therefore, each court room has a place built especially for the twelve jurors. Note the chairs to the left of the first photograph. If we

are to have good laws and good courts, everyone must recognize his responsibilities and help in whatever way he can. If we desire good judges we must vote for honest, capable, and impartial men.

phans' courts are organized separately to attend to these very important matters.

[graphic]

Lower Courts

Many minor crimes or misdemeanors are committed in every community. For example, a man may become drunk, or drive his automobile faster than the law allows or disobey other traffic regulations, or he may have a fight with his neighbor, or play craps. It is not necessary, in the vast majority of instances, to hold a person committing these misdemeanors for a county or a district court which is set aside to try the more serious criminal and civil cases.

Possibly 75 to 90 per cent of the cases which arise in a community are of this minor character just described. All states have organized lower courts to look after such matters.

In the country districts, justices of the peace, usually elected by the voters of a township or some other county subdivision, attend to such matters. In villages, towns, and small cities, the magistrates' courts do the same kind of work. In both of these courts it is possible to look after minor civil cases as well as crim

inal cases. As a community grows larger and cases become more numerous this double task is not possible.

In the larger cities the magistrates or police courts confine themselves to trying persons charged with minor offences. In Chicago, in New York, and other large cities, for example, special magistrates' courts are even set aside to look after those who violate traffic regulations, those who commit immoral acts, and

[graphic]
[graphic]

families which have domestic difficulties of one kind or another.

Juvenile Courts

It is now generally recognized in America that children who commit crimes or who need correction for waywardness should not be haled before the regular courts and brought into contact with hardened criminals and their vicious influences. Provision is now made by most states for children's or juvenile courts. Judge Ben Lindsey of Denver, Colorado, is known the world over for the work he has done with juvenile offenders.

Poor Man's Courts

City or municipal courts are also provided in cities for the settlement of thousands of small lawsuits often involving workingmen and their wages. These are frequently called the people's or the poor man's courts.

It is very necessary that the minor civil cases coming up in these courts, which individually may not amount to

much but which in the aggregate touch thousands of poor people, should be handled quickly, inexpensively and fairly. Otherwise much dissatisfaction is sure to arise.

If we are to have good state laws and courts, every one must feel his responsibility and help in whatever way he can. If we desire able and upright judges, we must vote for honest, capable and impartial men.

Throughout this chapter emphasis has been placed upon the fact that the state is that part of American government which touches the daily life of the people. It is impossible, however, for a state to do all of this work through its own machinery, for the task of administration would be too great. A state depends upon local subdivisions to do many things for it. It delegates many of its powers to units of local government. State government cannot be understood unless one also knows something of the county, the town, the village, and the city.

"A state grows in power as its citizens become enlightened."-Storrs.

[ocr errors]

"The work of a state in the long run is the work of the individuals composing it.”—Mill.

[ocr errors]

"The very idea of the power and the right of the people to establish government pre-supposes the duty of every individual to obey the established government."-Washington.

66

* + +

The law of nations is founded upon reason and justice, and the rules of conduct governing individual relations between citizens or subjects of a civilized state are equally applicable as between enlightened nations."-Grover Cleveland.

"Every citizen should obey the law, even when striving to alter it. He need not praise the law which he obeys. He need not pretend to think it wise, carefully drawn, just or expedient, but he should obey it, even though striving meanwhile, by every lawful means, to convince the majority of the justice of his objections.

him."-R. M. McElroy.

To aid him in his fight for good laws the ballot is given

[graphic][subsumed][subsumed][merged small][ocr errors][merged small][merged small]

Practically every citizen is a part of four Governments: viz., National Government, State Government, County Government and Village Government.

Local Government

Local Government is a Matter of State Control Exercised in accordance with State Legislation within the Rules of a State Constitution

P

RACTICALLY every citizen of the United States is a part of at least three governments, the vast majority of people of four or even more. First, he belongs to the National Government; second, the state; third, the county, and with few exceptions, one or more other units of government such as a city, a town, a village, or of a school, fire, sanitary, drain

age or other special district.

A few facts from Illinois will indicate the variety and the number of these state subdivisions. This West

ern State has 102 counties, 70 cities with a population of 5000 or over, 1400 townships, about 800 villages, over 12,000 school districts, and, in addition, a variety of other districts such as those formed for sanitary, park and drainage purposes.

Smaller Units Necessary

The very same reasons that make it necessary and wise for every state to look after its own needs, also make it desirable that each state be sub-divided, for convenience in governing, into smaller units. These sub-divisions look after their own local needs; they are also utilized by the states as convenient agencies to carry

100 Different Ways WHERE the

the Nat

ional Government touches the individual once, and a state government ten times, local government comes into contact with the individual in a hundred different ways... An efficient and honest local government means everything to the happiness of the people and is the foundation upon which stands a strong state and nation.

No wonder it is so difficult for an individual to understand all the details of local government. The details are so many that it is only possible in this chapter to suggest the variety of forms local government takes and some of the important officials who look after our local needs. Nevertheless, as these parts of government touch our daily life at every turn, everyone should take as active an interest as possible in the local government of the community in which he lives.

out state laws covering certain matters, such as, police protection, the collection of taxes, caring for the poor and the insane, and providing for public schools.

A state, in other words, finds it desirable and wise to delegate some of its powers to these smaller units. In this manner the execution of state law is made more flexible and better suited to the varying conditions which exist in different rural districts, villages and cities.

It is not altogether correct, however, to compare this division of tasks between the state and its subdivisions to the division that exists between a state and the National Government. In the latter case, the state governments have absolute control over their own affairs. The National Government cannot step in and cannot interfere with their work. Local ⚫ state units, on the contrary, are merely

« PředchozíPokračovat »