Studies in Civics Part 2

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 pet.i.tion 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 pet.i.tion 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 pet.i.tion.

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 cla.s.ses 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 ent.i.tled to; and fourth, those who from some cause, (absence, perhaps,) do not present any claim. From the first cla.s.s, 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 pet.i.tion, 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 a.s.sess 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 owners.h.i.+p 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.

CHAPTER II.

PRIMITIVE MODES OF ADMINISTERING JUSTICE.

Trial by Ordeal.--Boys settle some matters about which they cannot agree by "tossing up a penny," or by "drawing cuts." In a game of ball they determine "first innings" by "tossing the bat." Differences in a game of marbles, they settle by guessing "odd or even," or by "trying it over to prove it." In all these modes of adjustment there is an appeal to _chance._ Probably behind these practices is the feeling that the boy who ought to win will somehow guess right. This appealing to chance to settle questions of fact is characteristic of society in its primitive state.

Modes of establis.h.i.+ng justice similar in principle to these boy practices prevail to this day among superst.i.tious peoples. They have prevailed even in Europe, not only among people of low mental power, but also among the cultured Greeks. Among our own Saxon ancestors the following modes of trial are known to have been used: A person accused of crime was required to walk blindfolded and barefoot over a piece of ground on which hot ploughshares lay at unequal distances, or to plunge his arm into hot water. If in either case he escaped unhurt he was declared innocent. This was called Trial by Ordeal. The theory was that Providence would protect the innocent.

Trial by Battle.--Sometimes boys settle their disputes by _fighting_.

This, too, was one of the modes of adjudication prevalent in early times among men. Trial by Battle was introduced into England by the Normans. "It was the last and most solemn resort to try t.i.tles to real estate."

[Footnote: Dole's Talks about Law, p. 53.] The duel remained until recently, and indeed yet remains in some countries, as a reminder of that time. And disputes between countries are even now, almost without exception, settled by an appeal to arms. Perhaps the thought is that "he is thrice armed that hath his quarrel just." Sometimes when one of the boys is too small to fight for his rights, another boy will take his part and fight in his stead. Similarly, in the Trial by Battle, the parties could fight personally or by "champion." Interesting accounts of this mode of trial are given by Green and Blackstone, and in Scott's "Talisman."