I.

CHAPTER XXI

TOWNSHIPS AND TOWNSHIP GOVERNMENT

Congressional Townships-When the lands embraced within the State of Iowa were still owned by the Government of the United States, they were surveyed, in obedience to an act of Congress, into tracts, or blocks, six miles square, these blocks being in turn subdivided into smaller blocks of one mile square. Each of the large blocks is called a "Congressional township" or a "township according to government survey." The smaller blocks or subdivisions are called "sections." As shown in the preceding chapter, the boundary-lines of the counties are usually made to coincide with some of these lines of the government survey.

2. Civil Townships-For the purposes of greater convenience of local or neighborhood government, each county is divided into smaller parts, each of which is called a township. To distinguish these townships from those of the government survey, they are usually spoken of as "civil townships.'

In most counties each congressional township is organized into a civil township, but there are quite frequent exceptions to this rule. The division of the county into townships is made by the Board of Supervisors, which has the power to increase

the number or change the boundaries in such manner as it may deem wise.

3. Township Officers-In each civil township there are three Trustees, one Clerk, two Justices of the Peace, two Constables, one Assessor, and one or more Road Supervisors.

4. Trustees The Township Trustees act as overseers of the poor, equalize the assessment of property for the purposes of taxation, decide controversies as to boundary fences between adjacent landowners, assess damages done by trespassing animals, and serve as judges of election. They also act as a board of health, and perform other duties as may be required by law.

5. Justices of the Peace-A Justice of the Peace has authority to sit as a court for the trial of all cases coming within the limit of his jurisdiction. As has been before explained, this jurisdiction in civil matters is restricted to cases where the amount in controversy does not exceed one hundred dollars, and in criminal matters to cases where the punishment cannot exceed a fine of one hundred dollars or thirty days' imprisonment in the county jail.

6. Other Powers-He may also solemnize marriages, take the acknowledgement of deeds and other written instruments, administer oaths, and, in the absence of the coroner, may hold inquests upon dead bodies when the circumstances call for such investigation.

7. Constables-The principal duties of Constables are to serve notices and execute warrants

and writs issued by Justices of the Peace. They are also required to serve all notices and other process lawfully directed to them by the Township Trustees, Township Clerk, or by any court.

8. Clerk-The Clerk keeps a record of the proceedings of the Township Trustees, acts as clerk of election, makes out the road-tax lists for the use of the Road Supervisors, and receives and disburses the road tax collected by the County Treasurer for the use of his township.

9. Assessor-It is the duty of the Assessor to make and deliver to the County Auditor a list of all taxable property in his township, together with his estimate of the value of each item of such property. The value thus fixed by him, after being revised and equalized by the Township Trustees, is the basis upon which all taxes are levied. Personal property is thus assessed every year, but real estate is assessed once in two years.

IO. Road Supervisors Each township is divided by the Trustees into districts of convenient size, in each of which a Road Supervisor is elected. This supervisor has charge of the improvement and repairs of the public roads in his district. He expends the moneys collected for road purposes, and when any part of the road tax is payable in labor he calls out the persons liable to such duty and directs the manner in which it shall be performed.

CHAPTER XXII

CITIES AND TOWNS

1. Incorporation-Until incorporated, a city, town, or village is considered simply as a part of the civil township in which it is situated, and has no distinct or separate local government. Incorporation is a legal proceeding by which such city or town is granted certain rights and privileges of local self-government.

2. How Obtained-Incorporation is obtained by applying to the District Court and obtaining an order for an election to be held in the territory proposed to be incorporated. If a majority of votes is cast in its favor and the proceedings are approved by the court the incorporation is complete, and another election is called for the selection of officers. When spoken of as a class, cities and towns thus set apart and granted powers of local self-government, are usually called Municipal Corporations.

3. Classes The municipal corporations of this State are

1. Cities of the first class;

2. Cities of the second class;

3. Towns. Town sites platted and unincorporated are called villages.

4. Towns-A municipal corporation having less than two thousand inhabitants is called a Town.

5. Elective Officers-The elective officers of a town are one Mayor, one Treasurer, one Assessor, and five Councilmen.

The council may by ordinance provide for the election of such other subordinate officers as it may deem necessary for the purposes of good government.

6. Mayor The Mayor is the chief executive officer of the town, presides at the meetings of the council, and has a vote on all questions coming before it. He is also a magistrate with the powers of a justice of the peace, and has exclusive jurisdiction to try persons charged with violation of the town ordinances.

7.

Clerk-The Clerk is appointed by the Council and keeps a record of all the proceedings of the Council. He has no vote in the Council.

8. Treasurer The Treasurer has custody of all moneys belonging to the town, and pays them out upon the order of the council and warrant of the Clerk.

Assessor-The duties of the Assessor within the town are similar to those of a township assessor, which are explained in the preceding chapter. An Assessor is also elected in each city of the first and second class.

IO. Marshal, etc. The Mayor appoints a Marshal, who has the powers of a constable. He executes the process of the Mayor, and preserves the public peace and order within the limits of the town. The mayor also appoints a health physician and street commissioner.