Изображения страниц
PDF
EPUB

list of elective administrative and judicial officers; but the distribution of powers does not follow at all closely the traditional American theory; nor is there even a nominal chief executive corresponding to the governor or mayor.

County Boards. Each county is a body politic and corporate; and its powers as such are exercised by a county board in one of three distinct types. In counties not under township organization (now 17 in number) the state constitution provides for "The Board of County Commissioners," consisting of three members elected at large, one each year. For Cook County, the constitution provides for a board of fifteen commissioners, ten elected from the city of Chicago and five from the towns outside of the city; and by statute these commissioners are now elected for a four-year term, and a member is elected as president of the board with special powers.

For the eighty-four counties under township organization, the county law provides for boards of supervisors, elected by towns at the town meetings in April for terms of two years. The number of supervisors varies with the number of towns in the county, and assistant supervisors are also elected from the larger towns (one for each 2,500 population over 4,000). The size of these county boards ranges from 5 in Putnam county, to 53 in LaSalle county. In eighteen counties there are 30 or more members.

The large boards of supervisors have been supported on the theory that they form the legislative branch of county government. But they have practically no legislative power; and for their administrative functions their size makes them unwieldy and ineffective. Most states have county boards of from three to seven members; and only five or six states have such large county boards as in Illinois.

Replies to inquiries sent to county officials by a committee of the General Assembly in 1912, showed a marked difference of opinion as between the two main types of county boards in Illinois. A majority of replies were in favor of the small boards of commissioners; and the proportion on this side was greater among the replies from the more populous counties with the larger boards of supervisors. This situation seems to indicate the desirability of an intermediate form of county board organization, between the small boards of three, and the larger boards of supervisors; and it would seem advisable for the constitution to permit such intermediate types in counties which wish them.

All three types of county boards have the same general powers, though each class has some additional powers, all of which are set forth in detail in the statutes. They have charge of county buildings and other property; they levy county taxes; they control county finances to some extent; they have limited powers as to roads, bridges, ferries, and county ditches and drains; they maintain poor farms, jails and workhouses, and may grant pensions to the blind and to dependent mothers; they have some powers in connection with elections, fill vacancies in county offices, prepare jury lists, and may grant certain bounties and rewards; they may make appropriations for county fairs and farmers' institutes; and organize townships or road districts.

The small boards of county commissioners formerly had larger powers in connection with highway matters. They also act as boards of health and boards of review of assessments, designate overseers of the poor and appoint a few minor local officials. But their functions are. not in any large degree more important than those of the boards of supervisors.

These enumerated powers are limited in extent; and fall far short of giving the county boards complete control over county administration. The powers of the elective county officers are also conferred by statute, and some of the officers have also ancient common law powers. The county boards regulate the salaries of these officers, within certain limits; but have no effective control over them. Nor is any county officer vested with general authority over the others, as a chief executive.

The small boards of county commissioners and the boards of supervisors each elect a chairman. Regular meetings are prescribed by statute (five for the county commissioners, and two for the boards of supervisors); but special meetings are also authorized and are held frequently. Boards of supervisors usually hold four or five meetings a year; and county commissioners in some counties meet every month, and sometimes more frequently. In 1911-12, the Morgan county. board of commissioners held 12 meetings, which aggregated 110 days. in session.

Much of the work of the large boards of supervisors is done by means of committees. Such boards in the larger counties have from twelve to more than twenty committees. In Will county there are 26 committees for the year 1919-20.

County Officers. The state constitution provides for the election in each county of a county judge, state's attorney, sheriff, county clerk, clerk of the circuit court, treasurer, coroner and county superintendent of schools. Under the constitution and statutes, a county superintendent of schools is elected in all counties, a recorder of deeds in counties with over 60,000 population, and a probate judge in counties with over 70,000. By statute, provision is further made for the election of a county surveyor in all counties, a clerk of probate in counties over 70,000 population, and (by Act of 1911) a county auditor in counties with a population between 75,000 and 300,000.

All of these county officers are elected for four-year terms at the general November elections. County judges, probate judges, county clerks, sheriffs, treasurers and county superintendent of schools are elected in the middle of the governor's term; while state's attorneys, clerks of the circuit courts, recorders, coroners, surveyors and county auditors, are elected at the same time as the governor. No person elected as sheriff or treasurer is eligible for reelection for four years after the term for which he has been elected.

The election of this list of from nine to thirteen county officers (from four to seven at one election) adds a good deal to the

length of the ballot. If it is desired to shorten the county ballot, changes in the constitutional provisions will be necessary.

The county judge is both a judicial and an administrative officer. He has a limited jurisdiction in civil cases, and concurrent jurisdiction with the circuit courts in appeals from justices of the peace and police magistrates. He also has important powers in tax matters, in supervising elections and other administrative affairs. In most counties he further has jurisdiction in matters of probate; but in counties of over 70,000 population, this business is vested in a separate probate court, with a separate probate judge and probate clerk.

The state's attorney is primarily a public prosecutor in criminal cases, acting in this respect distinctly as an agent of the state government. He also acts as legal advisor to the county board and county officers. In view of his principal functions, it may be urged that this officer should be appointed by the governor or attorney-general, as the direct representative of the state government. It may also be said that there seems little need for a separate officer for each of the smaller counties; and that one person might act for two or more of such counties. Under section 30 of Article VI, state's attorneys can be removed only on prosecution and conviction for misdemeanor in office. It may become desirable to provide for some other method, as by the governor in the case of sheriffs.

The county clerk has the greatest variety of duties; and from his official relations to most branches of county government, he is tending to become the de facto chief administrative officer of the county. He is custodian of the county records, clerk (and in most counties also accountant) for the county board, and clerk of the county court. He has important duties under the primary and election laws, and in the assessment of property and the extension and collection of taxes. He issues hunters' and marriage licenses, and has in addition numerous other duties. By statute the county clerk might be given some of the legal powers of a chief executive.

The county treasurer is primarily custodian of county funds, but in counties under township organization is also county collector of taxes (for the state, county and other local districts). Since the abolition of township collectors by act of 1917 in counties of less than 100,000 inhabitants, all general property taxes are collected by this officer. He is also supervisor of assessments in counties under township organization, and assessor in counties not under township organization.

The clerk of the circuit court keeps records of the proceedings of the circuit court in the county, and in most counties he acts also as recorder of deeds. In counties of more than 60,000 population a separate recorder of deeds is elected. By act of 1897 for the registration of land titles, the recorder of deeds is also registrar of land titles in counties adopting the act.

The office of sheriff has lost much of its former importance, but it is still the one office always provided for every county in the country. He is chief conservator of the peace, but has no organized force for maintaining order; in emergencies he may appoint special deputies, organize a posse comitatus, or call on the governor for military aid. For the most part he acts as ministerial agent of the judicial courts, serving writs and orders, and has charge of prisoners and the county jail. In counties not under township organization, he is district and county collector of taxes. His responsibility to the state is now emphasized by an act of 1905, which provides that if a prisoner in the custody of a sheriff is lynched, the governor shall declare the office vacant.

These

The coroner is, next to the sheriff, the oldest county officer; but his principal function is to hold inquests in case of sudden. death, which may be due to violence or other undue cause. inquests are a curious survival of an antiquated procedure, which served a useful purpose in medieval times when there was no other provision for the investigation and prevention of crime. In some states this work is done by appointing medical examiners, and by leaving criminal investigations to the state's attorney.

The county superintendent of schools acts as agent of the ́state in distributing the state school funds; he inspects, supervises and advises local school officers; and holds teacher's examinations and teacher's institutes, under the supervision of the state superintendent of public instruction. He is a more effective intermediary between the state and local officials in the smaller districts than is provided in any other branch of administration. But the report of the Educational Commission of 1909 cited facts and opinions in favor of other methods of selection than popular election for a brief term of years. In eleven or more states officials corresponding to county superintendents of school are appointed, as are practically all city superintendents of schools.

In addition to the elective county officers provided by the state constitution, there are several appointive officers created by statute; and a number of other positions established by the county boards. The statutory county offices include county boards of review, county surveyors, county superintendents of highways, and (in counties over 75,000 population) county auditors.

The county surveyor makes official surveys on the order of a court or on the application of private parties.

County boards of review, (in counties under township organization other than Cook county) are composed of the chairman of the board of supervisors, and two citizens appointed annually by the county judge. In Cook county a board of review of three In counties not under township organizamembers is elected. tion, the board of county commissioners acts as a board of review. These boards review and equalize the assessments of property for taxation made by the local assessors.

County superintendents of highways are appointed by joint action of the county boards and the state highway authorities. The county boards submit lists of residents, from which the state highway authorities determine by competitive examination those best fitted; and from those found eligible the county boards make. the appointments. The term of office is six years, subject to removal by the county board for incompetence, neglect of duty or malfeasance in office. These officers prepare plans and estimates for county bridges, supervise county roads, visit and inspect town and district highways and bridges, and act as deputies to the State Highway Engineer.

In counties with over 75,000 population and less than 300,000, county auditors are elected. In Cook County the county clerk is ex-officio county comptroller. In other counties, the county clerks act in some respects as accountants for county finances, subject to the county board.

In counties where coal is produced, county boards are required to appoint a county mine inspector, at the request of the district state mine inspector.

County boards may also appoint commissioners of Canada thistles, for election precincts or towns; and in counties not under township organization, the county boards are required to. appoint annually three fence viewers in each precinct.

A public administrator is appointed for each county by the governor, for a term of four years. Masters in chancery and court reporters are appointed by the circuit courts; and probation officers by the circuit and county courts.

In most counties, under the rules of the county boards, provision is made for a superintendent of the county poor farm and a county physician; and in Cook county there are a number of other county positions.

The staff of county employees in the different counties varies to a large extent. In Cook county there are about 3,000 positions. covered in the annual appropriation bill; and a considerable force. of additional help employed in the several tax offices. A part of these are selected in accordance with civil service regulations under the county civil service commission; but in some of the county offices (such as the state's attorney and sheriff) most of the positions are exempted as confidential.

In the small counties there are but few county employees in addition to the elective officers; but in some of the larger counties, while the number in any one office is not many, the aggregate of county employees is a considerable force. But in none of the counties except Cook is there any definite system of classifying the employees or any civil service regulations governing their selection.

Township organization. The state constitution requires the general assembly to provide for an optional system of township

« ПредыдущаяПродолжить »