mayor serving as president of the board. This body makes and enforces such rules and regulations as it may deem wise and necessary for the protection of the health of the community, but it cannot close public highways, nor interfere with public officers who have not been directly exposed to contagious diseases, nor can it establish a quarantine of one city against another without the consent of the State board of health. The term of service of the board is fixed by the council.

of education.

Besides these boards, each city has, of course, its board 4. The board of education, which has charge of the public schools within the city school district. According to the new school code, a city school district is defined as comprising an incorporated city "together with the territory attached to it for school purposes, and excluding the territory within its corporate limits detached for school purposes." In city districts containing a population of less than fifty thousand persons, the board of education consists of from three to seven members elected at large by the voters of the district. In city districts with a population of fifty thousand or over, however, the board is made up both of members at large elected by the voters of the entire district and of subdistrict members chosen by the voters of the subdistricts into which the city is divided. The school code declares that there shall be not less than two nor more than seven members at large, and not less than two nor more than thirty members elected from subdistricts. Each subdistrict is entitled to one member. Within the limits specified the number both of members-at-large and of subdistrict members for any particular city is determined by the school board of the city concerned, and is subject to revision after each Federal census.

The city judiciary.

The city

as an administrative district.

Members are elected for four years, a part of the members being chosen every second year.1

The judicial authority of many of the smaller cities is vested in a mayor's court, which tries cases arising under the city ordinances, and has the jurisdiction of a justice of the peace to determine prosecutions for misdemeanors and felonies committed within the county. The larger cities are provided with a police court held by one or more police judges, who are elected for three years. The police judge has jurisdiction over offences against the city ordinances, and misdemeanors committed within the city or within four miles of the city limits. He also has the jurisdiction of a justice of the peace to deal with criminal cases within the county. The records of the police court are kept by a clerk of the police court, who is either appointed or elected for three years. In cities not otherwise provided for, the council may, on recommendation of the mayor, appoint a police justice who has the same judicial authority as the mayor.

The city, like the other local divisions, is an administrative district of the State. When a city becomes identical in its corporate limits with the township in which it is situated, all township offices are abolished, and the duties of these officers are henceforth performed by the corresponding officers of the city. The only exceptions to this rule are justices of the peace and constables, who are retained and are elected at the municipal elections. The property and books of the township now fall into the possession of the city, which takes the place of the township by assuming all of its interests and rights. The mayor and police of the city enforce the State laws within the city limits, the police court like'School Code, §§ 3886,3897.

wise, and the city board of education and board of health carry out the general educational and sanitary laws of the State. However, the chief business of the city is to attend to its own municipal affairs.

Government

PART THIRD

THE WORK OF THE GOVERNMENT

CHAPTER VII

THE ADMINISTRATION OF JUSTICE

42. REFERENCES

Bryce, American Commonwealth, I., ch. 42, "The State Judiciary;" Ford, American Citizen's Manual, Part II., ch. 3, "Functions of State Governments;" Wilson, The State, ch. 15, "Functions of Government," ch. 16, "Objects of Government;" Woolsey, Political Science, I., Part 2, ch. 4, "Sphere and Ends of the State;" Bluntschli, Theory of the State, Eng. trans., Book V., "The End of the State;" Willoughby, Nature of the State, ch. 12, "The Aims of the State;" Munroe Smith, "State Statute and Common Law" (in Political Science Quarterly, II., 105; III., 136); Holmes, The Common Law; Robinson, Elementary Law; Kent, Commentaries on American Law; Hurd, Habeas Corpus; Pomeroy, Municipal Law; Schouler, On Domestic Relations; Washburn, On Real Property; Redfield, On Wills; Page, Wills; Parsons, On Contracts; Kinkead, Court Practice; Swan's Treatise on the Law relating to the Powers and Duties of Justices of the Peace and Constables in the State of Ohio.

Constitution of Ohio (1851), Art. XIV., "Jurisprudence;" Bates, Annotated Ohio Statutes, II. 1776-1789, "Domestic Relations," 1790-1883, "Relations Arising upon Contracts," 2281-2333, "Property," 2678-3294, "Civil Procedure," 3297-3483, "Criminal Procedure."

43. THE FUNCTIONS OF GOVERNMENT

Government, according to our State constitution, was al functions. instituted for the equal protection and benefit of the

people, and the constitution was itself established for the purpose of securing the blessings of freedom and promoting the common welfare.1 These statements show that the people of Ohio, who are the source of the political power of the State, do not regard their government as an end in itself, but as a means for promoting the interests of the governed. This fact is illustrated in the various kinds of work which the government undertakes to do. Thus the government seeks to protect the rights of the people and administer justice; it protects the life, property, health, and morals of the community through the exercise of its police power; it affords military protection in times of extraordinary danger; it encourages and supports the cause of general education; it maintains and supervises charitable and correctional institutions; it exercises a certain control over the economic interests of the community; and finally, it raises the money necessary to meet the expense thus incurred. All of these things are done by the government because they are common interests of society, and because, for the most part, they could not be accomplished without the agency of the government. These various governmental functions will be considered in the remaining chapters of this book.

44. THE PROTECTION OF RIGHTS

Society is based on the recognition of certain rights Legal of its members. The rights of personal security and rights. personal liberty, of property, domestic relations, and contracts are among the most important private rights which the law protects. It would be an extravagant

1

1 Constitution of Ohio (1851), Art I. § 2; Preamble.