CHAPTER III

THE TOWNSHIP

40. Units of Government. Historically considered, the state comes first, the county second, the township third, and the municipality last. The county is produced by a division of the state, and the township by a division of the county. Washington County was the first one formed in Ohio, and when first organized, it occupied about one half of the state. Later, under the authority of the ordinance of 1787, it was subdivided into three townships, - Marietta, Belpre, and Waterford.

41. Local Government. The impulse for local selfgovernment is usually aggressive among all peoples, but especially is this true of the English-speaking race. The original thirteen colonies, and notably the New England part of them, furnish the best example of this impulse, and the town meeting is its most adequate expression (Boynton, School Civics, p. 47). Here was cultivated that self-respect which results from the right not only to govern one's self, but to participate in the government for the general welfare. The greatest value of the town meeting lay not in what was actually done, but in the dignity arising from the right to do. Because of the scattered population in the South, the town meeting was not so well known there as in New England, where the settlements were more In sections where many church congregations

numerous.

were located near one another, the township was the natural outcome. Frequently a township was made up of several church congregations or settlements, in each of which the pastor was the chief personality. In the South the county became the unit instead of the township, as in New England. Ohio's first settlers, coming from both sections, gave to the state both systems, or at least a mixture of the two.

42. The Township Unit. Logically treated, the township is the smallest unit of government in the United States. While it does not antedate the county, it is really coexistent with it, and should be studied as the best type of local government (Boynton, School Civics, pp. 44-48, 288–292). As stated before, the first townships were Marietta, Belpre, and Waterford, in Washington County. These were organized under the authority of the justices of the court of quarter sessions, who appointed the officers, clerk, constables, and overseers of the poor, designating their respective duties. In 1792 the list of officers was increased by the addition of three "judicious men," who were to apportion and assess the amount of taxes authorized to be raised by the county commissioner. In 1795 an assessor was chosen by popular vote, the first election of the kind in the Northwest, up to this time the officers having been appointed, not elected.

43. Early Town-Meeting Plan. The pronounced dissatisfaction with Governor St. Clair, because of his unsparing use of the veto power, led to numerous efforts to change conditions. Finally, in 1802, the town-meeting plan was adopted, and for the first time the local officers were chosen by the free male inhabitants of the age of twenty-one, who had paid the county tax. The township officers, namely,

the clerk, three trustees, two overseers of the poor, three fence viewers, two appraisers, one lister of taxes, constables, and road supervisors, were chosen by ballot. A penalty of five dollars was fixed for nonacceptance of office after election. These officers held annual meetings, to make an accounting and to report upon the condition of the poor. In 1802 a treasurer and two judges were added to the list of officers.

44. Present Town-Meeting Plan. By 1810 most of the power exercised by the town meeting was lost to the township trustees, and by 1820 the present township system was adopted. After this date, instead of acting in the town meeting, the citizens proceeded to the polls and voted by ballot for the officers. To-day the township officers consist of three trustees, a clerk, a treasurer, a ditch supervisor and constable. These officers are elected bi-annually for a term of two years at the November election held in the odd-numbered years. In each township the trustees therein constitute a Board of Health, which acts for the township outside of the municipalities therein. From three townships in 1790 the number has increased until there are now nearly thirteen hundred. New townships may be created by the authority of the county commissioners, upon the petition of a majority of the householders living in the territory affected by the change. The township as a governing unit still exercises legislative, executive, and judicial functions. The trustees are the principal legislative officers; justices of the peace, the judicial; and the constables, the executive officers.

45. Township Trustees. The trustees are the general administrative officers of the township. Their most important duty is to levy the taxes for the township and to

certify the amount needed, with the rate, to the county auditor. For example, if a township has a duplicate of $600,000, and the trustees find that it will take $6000 to carry on the business for the ensuing year, the rate of taxation for township purposes would be $0.10 on each $100 of assessed valuation. For the year 1913 the state of Ohio required $0.0961 on each $100 of assessed valuation in the state. Now if the county in which this particular township is situated required $0.40 on each $100 of assessed valuation for its expenses, and the tax rate for the support of the public schools was $0.4339, we see that by adding these various rates the tax rate in the township would be $1.03. The township expenses would probably be made up of such items as the cost of constructing a new bridge, of putting a certain amount of gravel or crushed stone on an important road, of furnishing relief to the poor, of building a new fence around the township cemetery, of keeping in repair or painting the town hall, etc. The trustees inspect the accounts of the treasurer of the township, divide the township into road districts, and see that the supervisor of each performs his duty. They settle all claims against the township, and no money can be paid out except on their order.

46. The Clerk. Like all the other officers of the township, the clerk is elected the first Tuesday after the first Monday in November; his term is two years. As his title indicates, the duties of the clerk are to keep the records of the proceedings of the trustees, the board of education, and of all the business matters of the township. When the trustees wish the money of the township to be paid to any one, the clerk draws the order, directing the treasurer to

pay it, and this is the only way in which the public funds of the township can be disbursed. All mortgages on chattel property in the township, to be valid against third parties who have no notice of the mortgage lien, must be filed with the township clerk, and must be refiled once each year.

47. The Treasurer. The treasurer is elected at the same time and for the same term as the clerk, and his duty is sufficiently indicated by his title. He is required to give to the trustees a satisfactory bond for the faithful performance of his duty and the care of the money intrusted to him.

48. The Ditch Supervisor. Each township may elect a ditch supervisor, who has the supervision of all township and county ditches in the township.

49. The Road Superintendent. The township trustees divide the township into road districts, and employ a superintendent for each district. His duty is to keep in repair all public roads in his district, preventing encroachments and removing obstructions. The trustees appropriate money for the repairs of the road upon his recommendation.

50. Justices of the Peace. Each township having no municipal court elects one or more justices of the peace, the number being determined by the court of common pleas when the township is established, any changes which are afterward necessary being made by the probate court. The office of justice of the peace is one of the oldest and most important among the Anglo-Saxons. This court has jurisdiction in civil cases throughout the township and in criminal cases throughout the county. All cases which do not involve over one hundred dollars must be begun in the justice's court; and if the amount is between one hundred dollars and three hundred dollars, the case may begin in