citizens of the corporation enjoy the benefits of the township government, except in case of the schools, they pay township taxes and take part in the township elections.

139. The Township, the County, and the State. -Since the State recognizes a series of communities endowed with governmental powers, it is necessary that each community, while enjoying a limited independence, shall be subordinate to the community that stands above it in the series. County officers must have authority over townships, since townships compose counties, while State officers must have authority over both counties and townships. On the other hand, it is convenient for the officers of the higher political communities to perform their duties that pertain to the lower ones through the officers of the lower. Thus, the various governing authorities, while distinctly separate for many purposes, are intermingled for other purposes. These relations will be many times illustrated as the higher authorities of the State Government are described in the course of this work.

CHAPTER XII

THE COUNTY

The county ranks next above the township in the series of political corporations that are endowed with limited governmental powers. The counties of a State are formed by the State itself in a manner prescribed by its constitution or laws. The existing counties of Ohio, 88 in number, were formed before the present Constitution went into operation, and their legal existence is therefore assumed. The oldest of these counties is Washington, formed in 1788; the youngest Noble, formed in 1851. The importance of the place that the county holds in the State governmental machinery, can best be shown by describing the duties that the county officers perform. First, however, it will be well to describe the way in which new counties may be formed.

140. The Formation of New Counties.1 The General Assembly first passes an act creating the new county and defining its boundaries. But as the whole State is already divided into counties, no new county can be formed without taking its territory from one or more old ones. The second step is to submit this act to the qualified electors of all the counties that will be affected. This must be done at the next general election after its passage. If a majority of all the electors voting at this election, in each of the

1 See the State Constitution, Art. II., Sec. 30.

counties, vote for the act, then it is adopted, and the new county will be formed. There are, however, two or three important rules to be observed. No new county

shall contain less than 400 square miles of territory; nor shall any old county be reduced below that size. Still, any county that contains 100,000 inhabitants may be divided, regardless of this rule, provided a majority of the voters residing in each of the proposed divisions shall approve of the law passed for that purpose; but no town or city within any county shall be divided, nor shall either of the divisions of a county that is divided contain less than 20,000 people. All laws changing county lines, or removing county seats, must also be submitted to the voters of the counties affected for their approval.

141. The County Seat.-The county seat may be called the capital of the county. Here are located the principal county buildings, as the court house and the jail. Here the more important county business is transacted, and here certain county officers reside during their term of office.

142. The County Officers.-The regular county officers are the commissioners, auditor, treasurer, recorder, surveyor, infirmary directors, clerk of courts, sheriff, coroner, prosecuting attorney, and probate judge. These are elected for terms of different lengths at the general election held annually on the Tuesday after the first Monday in November. The Probate Judge enters upon his duties on February 9 next after his election; the Clerk of the Common Pleas Court, on the first Monday in August; the Treasurer, on the first Monday in September, and the Auditor, on

the third Monday in October. With these four exceptions, county officers assume office on the first Monday in January.

143. Oaths, Bonds, Vacancies, and Compensation.-County officers must qualify by taking an oath, and by giving a bond for the faithful discharge of their duties. The sums in which bonds are given are generally limited by statute, but the precise sums are determined by the Board of Commissioners, and vary in different counties. In Hamilton County they are as follows: Commissioners, Infirmary Directors, and Probate Judge, $5,000 each; Auditor, $20,000; Treasurer, $1,000,000; Recorder and Surveyor, $2,000 each; Clerk of Courts and Sheriff, $40,000, each; Coroner, $15,000; Prosecuting Attorney, $3,000. Still further, no county officer can perform his official duties until he has received a commission or certificate from the Governor. Vacancies occurring before terms of office have expired are filled in most instances by appointments made by the County Commissioners. If a vacancy occurs in the office of commissioner, it is filled by an appointment made by the Probate Judge, Auditor, and Recorder. The compensation comes principally in the form of fees, and varies according to the population of the county and the amount of business to be transacted. In some counties an office may bring a fortune to the incumbent, while in others the same office hardly insures a livelihood. There has been some recent legislation looking to abolishing the fee system and substituting fixed salaries. Thus, in Cuyahoga County the Treasurer receives $7,000, the Auditor $5,000, the Recorder $4,500, the Probate

Judge and Judge of the Court of Insolvency $5,000 each, and the Coroner $2,500. The other officers receive both a salary and a per centum of the fees collected. In many instances it is impossible for the regular incumbent of an office to discharge all the duties thereof, and the law provides for the appointment of deputies.

144. The County Commissioners.— There are three Commissioners in every county elected one a year for a term of three years. There is considerable resemblance between their duties and those of the Township Trustees. They are required to meet once in three months at the county seat. The County Auditor is their secretary, and his office in the Court House is their usual place of meeting. The president is the Commissioner whose term of office first expires. The Board of Commissioners is both a legislative and an executive body. As executive officers, they are responsible for the condition of all important roads and ditches, and for the construction and repair of bridges. They are required to provide a court house, offices for the county officers, and a jail; also, under certain circumstances, an infirmary, an orphan asylum, and a children's home. They have the letting of all contracts for county buildings, furnishings, repairs, and service. They have some supervisory authority over other county officers, as shown in their annual inspection of the accounts of the Treasurer and Auditor. They hold and control all county property, as lands and buildings, and represent the county in suits at law. As legislators, their great function is to make the annual levy of taxes to meet county expenses.