The County: The "Dark Continent" of American PoliticsGilbertson, Henry S.
History
The County: The "Dark Continent" of American Politics
Gilbertson, Henry S.
County government -- United States
While the county nonchalantly and with seeming impunity has been
breaking all the inconvenient statutes, the state in its own peculiar
way has been working out a method of “taking it out” of the county
for the indignities of nullification. The state’s “big stick” (which
it does not always employ to a public purpose) is a policy of
meddlesomeness which expresses itself through special legislation. Of
which, more herewith.
In times gone by, when counties were almost universally located in
the open country, and before the rush for the cities had set apart
centers of population which developed their special mechanism of local
government, it was doubtless appropriate that constitutions should
impose upon legislature the duty to legislate “uniformly” for all
counties, even to the point of anticipating some of their more detailed
needs.
Practically every state legislature was given a considerable, if not
complete, power to bend the county to its will in every particular of
government. In the logic of the law, the county was a subdivision of
the state before it was an organ of strictly local government. The
legislature might erect new counties or change boundary lines at will,
with the one limitation in some states that its decision is subject to
a local referendum. It might also erect new county offices in addition
to those mentioned in the constitution and fix their powers and duties.
Long ago it became the accepted principle of law that local authorities
might exercise only such powers as were specifically conferred upon
them.
The theory was, apparently, that since counties exist to execute the
will of the whole state and have the same general duties to perform,
all counties can and must perform them in the same manner. It is a
plausible theory. If a county is to administer justice it needs a
judge, a sheriff, a prosecutor and a court clerk. And each of these
officers in the several counties should follow as closely as possible
an identical or similar procedure. Every county must have a fiscal
agency, a governing board, and be required to observe certain minimum
standards in the handling of the funds entrusted to its care.
Uniformity up to this point is doubtless not burdensome but helpful.
But by carrying a good idea too far the legislatures have often gone
beyond the point of setting up a general organization and procedure
and have descended into minor details which would usually best be
determined in the light of the more perfect knowledge of local
conditions which the people of the locality may be expected to possess.
Public-domain text, read in full here on John Shaqi.
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