Elements of Civil Government / A Text-Book for Use in Public Schools, High Schools and Normal Schools and a Manual of Reference for Teachers

by Alexander L. Peterman

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.