Citizenship Part 4

The Court of Appeals or Supreme Court is the highest court of the State. This court is the State court of last resort.

The judges of the Court of Appeals are elected by the people for a term of eight years, commencing on the first Monday in January succeeding their election.

The cases tried before the Court of Appeals are usually appealed to it from the lower courts.

There are certain cla.s.ses of cases that come before the Court of Appeals for first trial in which is involved the question of official action of State officers.

CIRCUIT COURT.

The circuit judge holds this court first in one county and then in another until the circuit of the counties which compose his district is completed.

Circuit court is held in the court house of the county seat two or three times a year, presided over by the judge of that district elected by the voters. (In case of a vacancy the Governor of the State appoints some lawyer to fill his place.) The majority of important cases are tried in this court, because a jury trial may always be had in the circuit court.

The Const.i.tution of the United States provides that every man or woman shall have the right to trial by jury in all criminal cases, and in civil cases involving a sum of more than $20.00.

Twelve citizens known as a grand jury usually meet at the time the circuit court convenes. All violations of law are investigated, and persons found guilty are indicted by the grand jury.

COUNTY COURT.

The county court is held at the county seat of every county and is presided over by the county judge. The county judge is elected by the voters of the county.

In this court civil suits are tried in which the sum involved is not over $200.00. It tries the more important cases which do not come before the justice of the peace court, or city police court.

The county judge's office is the most important office in the county.

He probates wills and appoints executors, administrators, and guardians. He is the head of the fiscal court which looks after all the material interests of the county, as construction of roads, care of paupers and the general interest of the county.

JUSTICE OF THE PEACE COURT.

The justice of the peace court is the lowest court and is held by a justice of peace, called a magistrate, who is elected in that magisterial district by the voters. Petty misdemeanors involving small sums of money are tried in this court.

The justices' courts are found in every community for protection and convenience to the people.

The magistrates are members of the fiscal court of the county.

POLICE COURT.

The police courts in towns and cities are similar to the justices'

courts. They are necessary in every city to try the petty misdemeanors. A police judge is elected by the voters of the city and tries all petty cases under his jurisdiction.

JURIES.

The grand jury is selected by the court and is composed of not less than twelve responsible and qualified citizens. It is their duty to make a faithful inquiry into all wrongs and violations of the law.

They call witnesses before them and make an investigation, and upon sufficient proof against a person they have them indicted. The proceedings of a grand jury are secret.

The terms "jury" and trial by jury are quite different from a grand jury. The grand jury investigates and inquires into all wrongs and violations of the law and if the person accused is guilty returns an indictment. Then the trial jury of twelve persons after hearing the evidence given them in court returns their unanimous verdict one way or other, otherwise a hung jury.

There is a difference between a trial by jury and a grand jury. The pet.i.t jury or trial by jury is composed of twelve men, honest and upright citizens living within the jurisdictional limits of the court, drawn and selected by officers free from all biased opinion and sworn to render a true verdict according to the law and evidence given them.

Every citizen is ent.i.tled to a fair trial, even though the accused is known to be guilty. The Const.i.tution of the United States gives this right to all citizens.

The trial of all crimes shall be by jury except in impeachment. The Const.i.tution provides that the trial be held in the state where the crime is committed, and if the crime is not committed in any of the states Congress has the power to name a place of trial.

The jurors decide whether or not the party accused is guilty by a unanimous vote, and if one or more vote against, it is called a hung jury.

The judge of the court instructs the jurors on the law in the case.

EXECUTIVE DEPARTMENT.

The executive department of state government is the law enforcing power.

The governor of a state is the chief executive. His duty is to see that the laws of his state are executed, to study the conditions and needs of the state, and to prepare a message to the legislature setting forth these needs and conditions. He is commander in chief of the state militia.

He should fill all vacancies that come under his appointing power, appoint certain state officers and boards, grant pardon to convicted criminals when right, call a special session of the legislature when necessary.

The governor represents his state in its relation to the federal government and to other states.

The Governor of Kentucky receives a salary of six thousand and five hundred dollars per year, all expenses when on duty for the State, and in addition, a mansion lighted, heated, and furnished, and three thousand dollars per year for public entertaining. He is elected for four years and cannot succeed himself for re-election.

Most of the states have the following state officials elected by the voters of the state: Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, Attorney General, Commissioner of Agriculture and Superintendent of Public Instruction.

The Superintendent of Public Instruction, the Attorney General and the Secretary of State compose the Board of Education.

COUNTY GOVERNMENT.

The county is a political division created by the state to administer local affairs, to act as agent for the state, to collect taxes, and enforce state laws.

The county owns many of the public buildings such as the court house and jail.

Every state is divided into counties, and every village, town or city is located in some county. As has been said there are one hundred and twenty counties in the State of Kentucky. The county seat of a county is where the business of a county is transacted, and where the courts of importance are held. It is really the capital of the county.

Some counties on account of size and population have two county seats.

While county government differs in many states there is a uniformity in the organization of counties throughout the union.

A county judge is elected in every county by the people. He presides over the county court which is held at the county seat.

Some of the other officers of the county elected by the voters are: The sheriff, county superintendent of schools, circuit clerk, clerk of the county court, coroner, prosecuting attorney, county attorney, tax commissioner.

TOWN GOVERNMENT.

The government of a town is perhaps the nearest approach we have to a direct government by the people themselves.