the justice's court or in the court of common pleas, at the option of the plaintiff. Any of these cases may be carried to the court of common pleas, except when the case does not involve over twenty dollars and has been tried by a jury. The jury in the justice's court consists of six men and is selected in the following manner: the justice prepares a list of the names of eighteen voters of the township; this list is submitted to the plaintiff and defendant in the presence of the justice, and each party strikes out a name alternately, the defendant beginning, until only six remain. In the case of minor crimes the justice may try the person accused and sentence him to punishment, but in the case of all crimes punishable by death or imprisonment in the penitentiary, - these are called felonies, the justice, as has been explained above, binds the accused over to the grand jury. Cases which involve the title to real estate cannot be tried in the justice's court even if the amount involved is very small. The justices of the peace have the power to perform marriage ceremonies.

There is one class of cases in which the justice's court has exclusive and final jurisdiction (final jurisdiction means that the case cannot be taken to a higher court) and this is known as forcible detention. This is best illustrated by the case of a person who rents a house and, when the term of rental has expired, refuses to move out. The suit which the owner of the house brings to compel him to move is called a suit in forcible detention; it is begun in the justice's court and cannot be taken any higher, the justice's decision being final. The justices of the peace are elected for four years at the usual fall election and receive fees as compensation.

51. The Constable. All decrees and orders of the justices of the peace are executed by the constable, who is elected at the same time for a term of two years. This officer corresponds in the township to the sheriff in the county, his duties being to preserve the peace on all occasions. He has a right, if necessary, to call upon the citizens for assistance.

QUESTIONS ON THE TEXT

1. What is the unit of government in the United States? in the state?

2. Why is the local-government feature regarded so important? 3. How was the township government originally organized?

4. Was the town meeting ever in vogue elsewhere than in New England?

5. Name the legislative officers of a township. 6. Name the executive officers of a township.

7. Name the judicial officers of a township.

8. How is the revenue for the township government obtained? 9. How is the money paid, by whom, and upon whose authority? 10. How are the township highways kept in order?

11. In Ohio, of what does the trial jury in the justice's court consist? How is it selected?

12. When does a case go into the justice's court?

13. In what cases has this court original jurisdiction?

14. If a case passes up from the justice's bench, which court gets it?

CHAPTER IV

COUNTY GOVERNMENT

52. The County Unit. Considered as a part of the state government, the county rather than the township is the unit (Boynton, School Civics, pp. 48-51, 288-292). The general assembly, as the state legislative body, represents each county and district. The house of representatives represents the county, while the senate represents the senatorial districts made up of counties. This is not true in the case of the executive department, whose officers are chosen by the state at large with no reference to the local divisions. However, the local divisions assist the state in the enforcement of law. The judicial department represents the counties in the various circuits and districts for judicial purposes. The county organization exercises all the functions of government. The commissioners are the legislative officers; the sheriff is the executive officer; and the probate, juvenile, and common-pleas courts perform the judicial function. Strictly speaking, the common pleas is not a county court, since it may exercise jurisdiction beyond county lines.

53. Growth in Counties. The number of counties has increased from one in 1788, when Washington County was organized, to eighty-eight. The first nine were organized by the authority of Governor St. Clair, so that when Ohio was admitted, nine counties already existed. These were Washington, Wayne, Jefferson, Hamilton, Ross, Adams, Fairfield, Trumbull, and Belmont. The other seventy-nine

were organized by the authority of the legislature, the first being Clermont, in 1804, and the last Noble, in 1851. It is not probable that the number will be increased, since every new county must contain at least four hundred square

MAP OF OHIO SHOWING COUNTIES AT DATE OF ADMISSION OF THE STATE (1803). THE DOTTED LINES SHOW PRESENT COUNTY BOUNDARIES

miles, and any division of counties must be approved by the legislature and by the voters of the districts affected.

54. The County Capital. The capital of the county is called the county seat, and is usually the largest town.

Here are located all the offices for the use of the county officials, the court rooms, the jail, etc. After the county seat has been located, it cannot be changed except by the consent of the state legislature and the approval of the electors of the county.

55. County Officers. All the officers of the county are chosen by the electors on the first Tuesday after the first Monday in November, for such term as is specified by the general assembly. They enter upon their duties at various times, the terms of the sheriff, the coroner, and the prosecuting attorney beginning on the first Monday in January; the term of the clerk of the courts begins on the first Monday of August following his election; that of the treasurer, the recorder, and the surveyor on the first Monday in September. The commissioners begin their duties on the third Monday in September following their election, and the auditor on the third Monday of October, nearly a year after he is chosen.

56. The Commissioner. for two years. They exercise limited legislative power, but have general charge of all county affairs except those especially assigned to other officers. They erect and maintain all public buildings for the county, such as a courthouse, jail, infirmary, and offices for the county officials; they have charge of the erection and maintenance of all bridges over rivers and canals, and they lay out and construct new roads. The most important duty of the commissioners is levying county taxes; they determine the amount of money necessary to meet the expenses of the county, and arrange the taxes accordingly. They settle all claims against the county, bringing suit in the courts if necessary. They have

The three commissioners serve