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
There remains to be disposed of the clerk of court.[17] His relation
to the bench is rather a closer one than that of the sheriff, so close
that in some jurisdictions it has not been thought a violation of the
theory of the separation of powers to allow the judge or the whole
court to appoint him. Such indeed would seem the proper course. But
in many counties the business of court-clerking is hardly onerous
enough to engage a separate officer and the duties have accordingly
been transferred to the county clerk. This officer usually performs
a variety of functions, among which are his services as clerk of the
county board and as the local custodian or register of legal papers
required to be filed under certain state laws. In counties where this
“bunching” of functions has to be resorted to, the least that should
be done by way of readjustment should be to help along the unification
of the county government by vesting the appointment of the county
clerk in the county board or a county executive to be established.
In the larger counties where the volume of county business warrants a
separation of functions, there seems to be no sound reason why such
duties as the filing of papers should not be in the hands of an officer
appointed by some state official, to represent him in the locality.
In this way certain counties at least would be completely divested
of responsibilities of which they appear never to have acquitted
themselves too well. The county’s ultimate place in the sun is being
determined by a stripping process: the state is taking up its work.
Thus in the domain of charities. We pointed out in Chapter IX that
the county was hopelessly deficient in caring for the insane, the
defectives and the criminals. Modern methods, which are humane methods,
have come to demand strict classification as the very starting point
for treatment. But unless the number of subjects for treatment is
reasonably large, the expense of such classification is prohibitive.
Most counties cannot supply the numbers. They find themselves in the
predicament of a rural sheriff who has in custody an average of perhaps
six prisoners. If his county were to obey the law it would have ready
at all times an establishment which provided special accommodations for
almost forty different classes of inmates.
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