The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-02-19
RAINS, THE DRUGGIST.

ter by the chairman or Judge of the
County Court.
The code provides that all business in
the County Court which cannot law
fully be done by the county judge or
chairman, shall be done at the quarterly
sessions, to be held on the first Mondays
of January, April, July and October of
each year.
But the jurisdiction of the quarterly
court held by all the justices, and the
jurisdiction of the monthly court held
simply by the chairman or county
Judge is not very clearly defined by our
code of laws. The County Court is
granted certain powers and given GER
tain jurisdiction, and these powers and
its jurisdiction have been from time to
time enlarged and extended by the Leg
islature, and whether they are to be eX-
ercised by the monthly court held by
the chairman, or by the quarterly court
held by all the justices, is matter
largely determined by the practice in
each respective county. Ofcourse, some
matters are plain enough; as, for in
stance, the code provides that "three
tifths of the justices entitled to attend,
shall be required to levy tax or to APP
propriate public money"
While on the other hand for instance,
the several County Courts of this State
are authorized and empowered to lay off
and create new school districts, &C., but
it is not specified whether this author
ity is to he exercised by the monthly
court or by the quarterly court; and it
can be seen that many perplexing ques-
tons might arise in this respect.
But this infirmity is one which can
be remedied by the Legislature, and is
Insignificant when compared with
other objections which we desire to
urge upon the attention of the people.
The County Court is an anomalous
compound of Legislature and court, and
in general possesses the evils of both
without the virtues of either.
By Section |. of Art. II. of our Consti-
tuition. 1.-THE powers of the government
shall be DIVIDED into three distinct de
partments: the legislative, executive
and judicial;" and this has been one of
the great aims of AnglO-SaXon struggle
for freedom, to keep these departments
separate and distinct, and to prohibit
any person or persons belonging to one
of these departments from exercising
any of the powers properly belonging
to either of the others; and yet the
County Court, exercising the powers of
miniature legislature" as character
lied by our Supreme Court, and at the
same time sitting as court of Justice,
exists amongst us, a strange and ancient
violation of this principle. But the
fact that it is an anomaly is the least of
the objections which can be urged
against it. 1t is unweildy and
cumbrous both as a court and as a
county legislature.
There is no good reason why it should
require fifty-two men to transact the
county business; this number is quite
sufficient for the lower House of the
General Assembly. The business of
the county is of such nature that a
smaller body of men could attend to it
far better than fifty-two magistrates,
and then too the concentration of re-
sponsibility upon a small board is more
effective than where it is scattered
among such a large number. Our sys-
tenn of county government has out
grown its usefulness. 1t has been dis
carded by nearly every State in tn e
Union, and in its place county com
missiOners, or boards of supervisors
have been established. County COM
missioners exist in most of the States.
Boards of Supervisors are known in
several important commemorative,
notably New York, Michigan, Illinois,
Wisconsin, Iowa, California and Missis-
sippi. Corresponding bodies are known
as chosen freeholders in New Jersey,
and police juries in Louisiana.
We think that the administration of
the county business proper should be
conferred upon Board of Commits
sioners to be elected by the people, and
the probate business and other judicial
duties now imposed upon the County
Court should be performed by a county
Judge elected by the people.
Mr.. John Fiske in an admirable
work on "Civil Government in the
United States writes interestingly of
the various systems of local govern
ment in the United States. There are
some states whose county boards are
composed of the supervisors of town
ships, and in some counties there are Il
or 20 members. In urging his objection
to so large a board he says: an board
of Is or 20 members it is hard to fasten