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government into three distinct powers or functions. These are making the law, administering or executing the law, and interpreting and applying the law. These powers are called the Legislative, Executive, and Judicial powers. They may all be centered in one person or organ; they may be distributed to different organs. In the most progressive states, the three powers are distributed to three different branches. or departments of government, known as the Legislature, the Executive, and the Judiciary. These departments are more or less separate and distinct, and in the United States, both in the National Government and in the State Governments, they are almost wholly separate and distinct. One department makes the law, a second administers it, a third interprets it and so declares what it is. In this way liberty is secured. A great American statesman one said: The accumulation of all powers, legislative, executive, and judiciary in the same hands, whether of one, a few, or many, whether hereditary, self-appointed, or elected, may justly be pronounced the very definition of tyranny."

125. Laws.— A law is a rule laid down by some superior authority to govern the actions or conduct of men in society. In a republican state this supreme authority is the people themselves, who are considered the fountain of all political power. Most laws, however, are not ordained directly by the people themselves, but by the government, or the representatives of the people. Thus, the laws of Ohio are the rules which the government of the State imposes on the people of the State in order to regulate their con

duct. How these laws are made, will be explained hereafter.

It

126. Constitutions.—A constitution is a law that determines the general features of the government of the state or nation that ordains it. It is therefore called the fundamental law and the organic law. underlies all other laws. The main differences between the Constitution of Ohio and the so-called Laws of Ohio is this: The Constitution prescribes how the laws shall be made and administered, and what their general character shall be; the laws prescribe the rules that directly relate to the people of the State. Again, ordinary laws are made by the Legislature, the Constitution by the people themselves. The laws can be changed quickly and with ease, if the people desire it; while the Constitution can be changed but slowly and with considerable difficulty. Accordingly, the Constitution of the State is a peculiarly permanent and binding kind of law.

Civic Teaching.-A citizen is a member of

127. the State. Civic means pertaining to the citizen or to the State. Civic teaching is teaching whatever pertains to citizenship. In other words, it is teaching the rights and duties of the citizen in the State. Such teaching should be provided in all schools for pupils old enough to receive it. Every teacher should feel it to be his duty to teach the pupil his rights and his duties in the society in which he lives. In particular, should the teacher emphasize the all important fact that rights and duties cannot be separated; that rights imply duties, and duties rights; that where right is found duty is found, and vice versa.

CHAPTER XI

THE TOWNSHIP

It would be difficult for the State Government seated at the Capital City to direct in detail those public affairs that vary in different localities. Moreover, it is a matter of pride to a liberty-loving people for each community to control for itself, through officers chosen from its own citizens, such affairs as are peculiarly its own. Therefore the State Government, authorized by the Constitution,' recognizes several ranks or orders of communities which exist within its borders, as possessing, each in a prescribed sphere, political powers, or powers of government, just as the National Government recognizes the States themselves as possessing such power. The different orders of political bodies that exist in the State of Ohio, are the State Government, the County, the City, or Municipal corporation, and the Township. Every citizen of Ohio is necessarily subject to them all except the municipal corporation. He may live outside of any town, but not outside of a township or county. The township may be defined, then, as the lowest order of political body known to the State.

128. Original Surveyed and Civil Townships.By original survey, most of the lands of Ohio were laid off into townships five miles or six miles square. In the larger part of the State these townships became

1 Article X.

the recipients of school lands, and they are still the basis of apportionment in the distribution of the common school fund. Aside from this they have no significance. The surveyed townships are not identical with the political or civil township, although the two generally correspond geographically. Power to lay off civil townships is vested in the County Commissioners. The Legislature also creates new townships in exceptional cases. Since the whole State has long been divided into such divisions, new townships can be created only by the division or union of old ones. The political township, like every other form of political community, is a public corporation,1 and is capable, in the person of its officers, of suing and being sued in the courts, and of receiving, holding, and disposing of property.

129. Township Officers.-The officers of the township are the trustees, clerk, treasurer, justices of the peace, constables, assessor, and road supervisors. These are regularly elected on the first Monday in April of each year, and, with the exception of the Clerk and Treasurer, assume office within ten days from that time. Before he can enter upon his duties, a newly elected officer must qualify. This means that he must take the oath of office and give a bond. By giving a bond an officer binds himself to pay a stated sum if he fails faithfully to discharge the

1A corporation is the creation of law. It is composed of individuals, but it lives on without losing any of its powers or privileges; as the individuals die or pass out of it, other individuals take their place. Corporations are public and private. A State, county, township, or city is a public corporation; a railroad company or a steamship company a private corporation.

duties of the office.

The bond must be in writing,

and must bear the signatures of competent persons who engage to pay the money should the, officer fail to do so. These persons make the bond secure and are called sureties. The sums for which township bonds are given are small, being in some cases less than $1,000. Most vacancies in office arising between elections are filled by appointments made by the Trustees.

If a trusteeship falls vacant, it is filled by an appointment made by that Justice of the Peace who holds the oldest commission. If the office of a justice of the peace falls vacant, it cannot be filled except by a special election. Township officers receive compensation as follows: Trustees and supervisors of roads, $1.50 for each day devoted to official business; treasurer, two per cent of such township funds as he disburses, also one per cent of the school funds; assessor, $2.00 for each day devoted to the public business; clerk, constable, and justice of the peace, such fees as are prescribed by law.

130. The Trustees. There are three Trustees elected for three years; one is elected and one goes out of office every year. They hold meetings at fixed intervals for the transaction of official business. Their duties are chiefly executive, but they have some legislative functions.

The executive duties of the Trustees are to represent the township in suits at law, to manage its public property, to order the disbursement of its moneys, to secure the relief of its paupers, to order sanitary precautions, to direct the building of such bridges and the opening and repair of such roads and ditches as

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