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County and Township Government in 1937*

Published online by Cambridge University Press:  02 September 2013

Clyde F. Snider
Clyde F. Snider
Affiliation:
University of Illinois
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Extract

Problems of county and township government continued, during 1937, to attract considerable attention from state legislators, political scientists, and the general public. The legislative sessions of the year were productive of a large number of statutes relating to various aspects of local government and administration; and in several instances local units acted under powers previously granted in adopting governmental forms or procedures more suitable to their needs. Notwithstanding a few backward steps and the fact that progress continued to be slow, the general trend was in the direction of improvement. Clearly in evidence was a tendency to confer additional powers and duties upon the local units; and accompanying this increase in functions were efforts to supply additional revenue, modernize the machinery of government, and provide effective means of control.

The developments of the year will be summarized, as were those for the biennium 1935–36, under the following headings: (1) areas; (2) organization and personnel; (3) functions; (4) finance; (5) optional charters; and (6) intergovernmental relations. To facilitate comparison, the subdivisional arrangement of the article of last year, in so far as it is applicable, will also be followed.

Territorial Consolidation. The need for reducing the number of local government units through consolidation was given most attention in Pennsylvania. Existing laws governing the formation of new townships were amended to preclude the division of existing townships and to expedite consolidation. Other legislation was intended to facilitate the annexation of first-class townships or parts thereof to contiguous cities or boroughs. First legislative approval was given to a proposed constitutional amendment providing that no new counties shall be created except through the consolidation of existing counties. A proposed amendment for the consolidation of Philadelphia county with the city of Philadelphia was given second legislative passage, only to be rejected by the voters in the November election.

Type
Research Article
Information
American Political Science Review , Volume 32 , Issue 5 , October 1938 , pp. 936 - 956
Copyright
Copyright © American Political Science Association 1938

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References

1 In this Review, Vol. 31, pp. 884–913.

2 Laws of Pennsylvania, 1937, nos. 133, 585, 588; ibid., pp. 2876, 2879; Wager, Paul W., note in National Municipal Review, Vol. 26, p. 605 (Dec., 1937)CrossRefGoogle Scholar.

3 Laws, Resolutions, and Memorials of Montana, 1937, ch. 105; Statutes of Nevada, 1937, p. 564Google Scholar; Laws of Pennsylvania, 1937, p. 2879Google Scholar; Wager, Paul W., note in National Municipal Review, Vol. 26, pp. 496–497 (Oct., 1937)CrossRefGoogle Scholar.

4 A discussion of these acts and the powers of districts formed thereunder will be found in Soil Conservation Districts for Erosion Control (Misc. Pub. No. 293, Soil Conservation Service, U. S. Department of Agriculture, Oct., 1937).

5 Data supplied by Soil Conservation Service, U. S. Department of Agriculture. See infra, “New Functions.”

6 Laws of Colorado, 1937, chs. 220, 266; General Laws of Idaho, 1937, ch. 215; Laws of Illinois, 1937, p. 503Google Scholar; Laws of New Mexico, 1937, ch. 222; Oregon Laws, 1937, ch. 131; Session Laws of Washington, 1937, ch. 72.

7 See infra, “New Functions.”

8 Public Laws and Resolutions of North Carolina, 1937, chs. 40, 188, 215, 401, 486; Wager, Paul W., note in National Municipal Review, Vol. 27, p. 49 (Jan., 1938)CrossRefGoogle Scholar. This step has now been taken in fully a third of the state's counties, including most of the more populous ones. For similar provisions with respect to two South Carolina counties, see Acts and Joint Resolutions of South Carolina, 1937, nos. 156, 241.

9 Laws of Missouri, 1937, p. 424Google Scholar; Session Laws of Washington, 1937, ch. 100; State ex rel. Johnston v. Melton, 73 P. (2d) 1334 (Supreme Court of Washington, 1937). Another provision of the Washington statute, purporting to change the official title of the local prosecutor from “prosecuting attorney” to “district attorney,” was declared unconstitutional as an attempt to alter by legislative enactment an official title established by constitutional provision. State ex rel. Hamilton v. Troy, 190 Wash. 483, 68 P. (2d) 413 (1937).

10 Session Laws of Washington, 1937, ch. 81; letter to the writer from Charles D. Arnett, secretary of state, Commonwealth of Kentucky, Frankfort, July 15, 1938. See this Review, Vol. 31, p. 888.

11 Baldwin's June 1938 Ohio Code Service, sees. 3268, 3299; Session Laws of Wyoming, 1937, ch. 85. The terms of designated officers in certain Connecticut towns and North Carolina counties were increased by special acts.

12 Laws, Resolutions, and Memorials of Montana, 1937, ch. 93; Laws of New Mexico, 1937, p. 693; Laws of New York, 1937, p. 2094Google Scholar; Public Laws and Resolutions of North Carolina, 1937, ch. 241; Laws of North Dakota, 1937, ch. 108; Olmsted, H. M., note in National Municipal Review, Vol. 26, p. 492 (Oct., 1937)CrossRefGoogle Scholar; letters to the writer from the New York department of state, Albany, Aug. 5, 1938, and from G. A. Gilbertson, deputy secretary of state of North Dakota, Bismarck, Aug. 11, 1938. The vote on the North Dakota proposal occurred at the primary election of June, 1938.

13 Laws of Pennsylvania, 1937, p. 2879Google Scholar; Laws of South Dakota, 1937, ch. 122; Session Laws of Washington, 1937, ch. 187.

14 Acts and Resolutions of Georgia, 1937, p. 1333Google Scholar; Acts and Resolves of Massachusetts, 1937, ch. 345; Session Laws of Nebraska, 1937, ch. 55; Laws of New York, 1937, ch. 862.

15 Detmers, Sidney, “Reorganization in Erie County, New York,” National Municipal Review, Vol. 26, p. 494 (Oct., 1937)Google Scholar; James E. Pate, “Virginia County Rejects Executive Plan,” ibid., p. 605 (Dec., 1937); R. R. Renne, “Gallatin County, Montana, to Vote on Manager Plan,” ibid., p. 314 (June, 1937); Paul W. Wager, notes in ibid., pp. 494–495, 605 (Oct., Dec., 1937); H. M. Olmsted, note in ibid., pp. 492–493 (Oct., 1937). The proposals were submitted to the voters in the New York counties by resolution of the board of supervisors, and in the other counties by initiative petition.

16 The vote on the proposal occurred at the primary election of June, 1938. Laws of North Dakota, 1937, ch. 107; information supplied by secretary of state, State of North Dakota, Bismarck. The voters of San Mateo county, California, endorsed an amendment to their home-rule charter to place the manager and several other appointive county officers on the elective list. Approval by the state legislature will be necessary to put the amendment into effect. See Wager, Paul W., note in National Municipal Review, Vol. 26, pp. 365–366 (July, 1937)CrossRefGoogle Scholar.

17 See infra, “Optional Charters.”

18 See New York Times, Nov. 3, 1937, p. 17; this Review, Vol. 31, pp. 908–909.

19 Private and Special Laws of Maine, 1937, ohs. 25, 32, 57, 66, 81, 82; Public-Local Laws of North Carolina, 1937, ch. 216; Millard, Walter J., “Henrico County Citizens Rally to Defend Manager Charter,” National Municipal Review, Vol. 26, pp. 314–315 (June, 1937)Google Scholar; Editorial, “County Manager Plan Triumphs,” ibid., p. 336 (July, 1937).

20 The Georgia legislature, however, provided for the discontinuance, with the end of the term of the present incumbent, of the elective office of county executive in Montgomery county. Acts and Resolutions of Georgia, 1937, p. 1387Google Scholar.

21 See, for example, Larson, Cedric, “Six Years of Managership in Arlington County, Virginia,” National Municipal Review, Vol. 26, pp. 531–537 (Nov., 1937)CrossRefGoogle Scholar; “Durham County, North Carolina, Saves with Manager,” note in ibid., p. 496 (Oct., 1937).

22 See this Review. Vol. 31, p. 891.

23 Laws of Maryland, 1937, ch. 485; Civil Service Agencies in the United States: A 1937 Census (Pamphlet No. 11, Civil Service Assembly of the United States and Canada, Chicago, Jan., 1938), pp. 12–14, 26Google Scholar. According to the Civil Service Assembly's census, 169 of the country's 3,053 counties were operating under the merit system by the end of 1937. Eight of these maintained their own civil service agencies, the others being served by state personnel authorities. Those reported as having their own agencies were Jefferson in Alabama; Alameda, Los Angeles, Sacramento, and San Diego in California; Cook in Illinois; Multnomah in Oregon; and Milwaukee in Wisconsin. It may be noted further that the new charters of Nassau and Westchester counties, New York, effective in 1938, provide for county civil service agencies with functions similar to those of municipal civil service commissions in that state, the Nassau charter providing for a three-member commission and that of Westchester for a personnel officer. See Laws of New York, 1936, ch. 879; ibid., 1937, ch. 617.

24 Laws of Indiana, 1937, ch. 41; Session Laws of Washington, 1937, ch. 180. Appointments are to be made from lists of eligibles established by the Indiana state department of public welfare and the Washington state department of social security, respectively.

25 News Bulletin of the Public Administration Clearing House, Chicago, June 7, 1938Google Scholar.

26 See injra, “Federal-Local Relations.”

27 Acts and Resolutions of Georgia, 1937, p. 738Google Scholar; Wisconsin Session Laws, 1937, ch. 201. See also Wisconsin Session Laws, 1937, oh. 155, establishing an annuity and benefit fund for sheriffs in Milwaukee county.

28 Statutes of California, 1937, ch. 677; Acts and Resolutions of Georgia, 1937, pp. 16, 1273Google Scholar; Public Laws of Maine, 1937, ch. 172; Acts of New Jersey, 1937, ch. 73; Laws of Pennsylvania, 1937, no. 336.

29 See the first and second annual reports of the Personnel Board of Jefferson County, Alabama (mimeo.), Birmingham, 1936, 1937; Martin, Roscoe E., “Personnel Progress in the Deep South,” National Municipal Review, Vol. 26, pp. 393–396 (Aug., 1937)CrossRefGoogle Scholar.

30 Acts of Arkansas, 1937, no. 298; Statutes of California, 1937 (spec, sess.), ch. 4; Acts and Resolutions of Georgia, 1937, p. 210Google Scholar; Laws of Indiana, 1937, ch. 207; Laws of Maryland, 1937, ch. 517; Session Laws of Nebraska, 1937, ch. 90; Laws of North Dakota, 1937, ch. 102; Oregon Laws, 1937, ch. 442; Laws of Pennsylvania, 1937, no. 265. Most of the acts follow rather closely the model bill drafted by the federal Public Works Administration. Cf. Taylor, Samuel, “California Low Rent Housing Legislation,” Southern California Law Review, Vol. 11, pp. 444–470 (June, 1938)Google Scholar.

31 See State Government, Vol. 11, p. 97 (May, 1938)Google Scholar.

32 Data supplied by United States Housing Authority, July 8, 1938. The counties reported as having authorities were Los Angeles and San Francisco (city and county) in California; Alexander, Gallatin, and St. Clair in Illinois; Delaware in Indiana; Passaic in New Jersey; and Allegheny, Delaware, McKean, and Mifflin in Pennsylvania. See infra, “Federal-Local Relations.”

33 Kansas Session Laws, 1937, ch. 189; Session Laws of Oklahoma, 1937, p. 250Google Scholar; Oregon Laws, 1937, ch. 131. See this Review, Vol. 31, p. 895.

34 Statutes of California, 1937, ch. 520; Laws of Colorado, 1937, ch. 229; Acts and Resolutions of Georgia, 1937, p. 1128Google Scholar; Acts and Joint Resolutions of Iowa, 1937, chs. 149, 150; Session Laws of Minnesota, 1937, ch. 65; Laws, Resolutions, and Memorials of Montana, 1937, ch. 41; Session Laws of Nebraska, 1937, ch. 5; Session Laws of Oklahoma, 1937, p. 213Google Scholar; Oregon Laws, 1937, chs. 294, 298, 402; Acts and Joint Resolutions of South Carolina, 1937, nos. 21, 152, 258, 343, 562; Session Laws of Washington, 1937, ch. 194; Wisconsin Session Laws, 1937, chs. 25, 330.

35 See supra, “New Areas.”

36 Statutes of California, 1937, ch. 396; General Acts and Resolutions of Florida, 1937, pp. 241, 581Google Scholar; Acts and Resolutions of Georgia, 1937, pp. 780, 785Google Scholar; Kansas Session Laws, 1937, ch. 214; Laws of Maryland, 1937, ch. 234; Public Acts of Michigan, 1937, no. 232; Session Laws of Minnesota, 1937, chs. 325, 331; Public Laws and Resolutions of North Carolina, 1937, ch. 57; Laws of Pennsylvania, 1937, nos. 44, 87.

37 Special Acts of Florida, 1937, p. 1654Google Scholar; Acts and Resolutions of Georgia, 1937, p. 1129Google Scholar; Acts and Resolves of Massachusetts, 1937, chs. 139, 164, 318; Statutes of Nevada, 1937, ch. 181; Wisconsin Session Laws, 1937, ch. 28. Also of interest is an act of Florida authorizing Escambia county to employ agents or representatives to appear before departments or agencies of the state or federal government. General Acts and Resolutions of Florida, 1937, p. 834Google Scholar.

38 The number of county libraries increased during the year from 256 to 275. Merrill, Julia Wright, “Public Libraries,” Municipal Year Book, 1938, pp. 125–128Google Scholar.

39 See this Review, Vol. 31, pp. 896–898.

40 Acts of Arkansas, 1937, no. 246; General Acts and Resolutions of Florida, 1937, p. 245Google Scholar; Public Laws of Maine, 1937, ch. 127; Public Acts of Michigan, 1937, no. 302; Laws of Pennsylvania, 1937, nos. 434, 435, 504.

41 Acts and Resolutions of Georgia, 1937, pp. 24, 1135Google Scholar; State Legislation on Planning and Zoning (Circular XII, National Resources Committee, Washington, June 1, 1938), p. 15Google Scholar. This action was in line with a recent decision of the state supreme court indicating that constitutional amendment was necessary to enable the legislature to confer zoning powers upon counties. See this Review, Vol. 31, p. 898.

42 Report of the State Bureau of Local Health Administration, Indiana Year Book, 1937, pp. 492–493Google Scholar; Donnelly, Thomas C., Public Health Administration in New Mexico (University of New Mexico Bulletin, May 1, 1938)Google Scholar; Snider, Clyde F., “Functional Consolidation in Champaign-Urbana, Illinois,” National Municipal Review, Vol. 27, pp. 378–379 (July, 1938)Google Scholar. The Champaign-Urbana district was the fourth such health district, embracing two or more adjacent townships, to be organized under a permissive law enacted by the Illinois legislature in 1917.

43 General Acts and Resolutions of Florida, 1937, p. 21Google Scholar; Acts and Resolutions of Georgia, 1937, p. 355Google Scholar; Kansas Session Laws, 1937, ch. 327; Public Acts of Michigan, 1937, no. 258; Laws, Resolutions, and Memorials of Montana, 1937, ch. 82; Laws of Pennsylvania, 1937, no. 500; Laws of Utah, 1937, ch. 9; Session Laws of Washington, 1937, ch. 180; Acts and Resolutions of West Virginia, 1937, ch. 73.

44 Session Laws of Nebraska, 1937, chs. 56, 57. In large measure, this legislation represents a restatement and strengthening of earlier statutory provisions which had proved unenforceable in practice. See Schmidt, E. B., “Nebraska's New County Uniform Accounting Law,” National Municipal Review, Vol. 26, pp. 448–449 (Sept., 1937)Google Scholar.

45 Laws of Pennsylvania, 1937, nos. 330, 366, 396; Logue, Thomas A., “Pennsylvania Modernizes Local Fiscal Systems,” National Municipal Review, Vol. 26, p. 445 (Sept., 1937)Google Scholar.

46 Acts of Arkansas, 1937, no. 193; General Acts and Resolutions of Florida, 1937, p. 872Google Scholar; Lows of Indiana, 1937, ch. 119; Laws, Resolutions, and Memorials of Montana, 1937, ch. 98.

47 Laws of Indiana, 1937, ch. 203; Public Laws of Maine, 1937, chs. 206, 216; Laws of Missouri, 1937, p. 427; General and Special Laws of Tezas, 1937, p. 606Google Scholar. Florida repealed an act of 1935 requiringcounties and other taxing districts to make separate budgets for operating expenses and debt service. General Acts and Resolutions of Florida, 1937, p. 221Google Scholar.

48 Acts, Resolutions, and Memorials of Arizona, 1937 (reg. sess.), ch. 46; ibid. (2d spec. sess.), chs. 15, 18; General Laws of Idaho, 1937, chs. 92, 141; Acts and Joint Resolutions of Iowa, 1937, chs. 191, 199; Session Laws of Nebraska, 1937, ch. 167; Laws of New Mexico, 1937, ch. 127; Public Laws and Resolutions of North Carolina, 1937, ch. 15; Public-Local Laws of North Carolina, 1937, chs. 11, 70, 76, 91, 145, 150, 244, 375, 596; Laws of North Dakota, 1937, ch. 240; Session Laws of Oklahoma, 1936–37 (spec. sess.), p. 56; ibid., 1937 (reg. sess.), pp. 477, 478; Acts and Joint Resolutions of South Carolina, 1937, nos. 77, 184, 231, 267, 268, 293, 333; Public Acts of Tennessee, 1937, ch. 101; General and Special Laws of Texas, 1937, p. 923Google Scholar; Session Laws of Washington, 1937, ch. 57; Wisconsin Session Laws, 1937, ch. 60.

49 General Laws of Alabama, 1936–1937 (spec, sess.), pp. 40, 125Google Scholar; Statutes of California, 1937, p. 3026Google Scholar; Kansas Session Laws, 1937, chs. 204, 306, 374; Laws of North Dakota, 1937, ch. 156; Acts and Resolutions of West Virginia, 1937, ch. 24.

50 Laws of Illinois, 1937, pp. 931, 932, 934Google Scholar; Acts and Resolves of Massachusetts, 1937, ch. 107; Laws of Pennsylvania, 1937, p. 2881Google Scholar; Herbert v. Perry, 177 So. 561 (Supreme Court of Alabama, 1937); Lyon v. Shelby County, 177 So. 306 (Supreme Court of Alabama, 1937); Sizemore v. Clay County, 268 Ky. 712, 105 S. W. (2d) 841 (1937).

51 50 Stat. at L. 653. The constitutionality of this act was upheld in United States v. Bekins, 58 Sup. Ct. 811 (1938).

52 Public Acts of Michigan, 1937, no. 292; Session Laws of Minnesota, 1937, ch. 416; Laws of Pennsylvania, 1937, no. 118; General and Special Laws of Texas, 1937, p. 639.

53 See Olmsted, H. M., note in National Municipal Review, Vol. 26, p. 312 (June, 1937)CrossRefGoogle Scholar.

54 Laws of Pennsylvania, 1937, p. 2879Google Scholar; General and Special Laws of Texas, 1937, pp. xxxvi, 1501Google Scholar.

55 See this Review, Vol. 31, p. 906; Burdine, J. Alton, “Experience with the Salary System in Texas,” National Municipal Review, Vol. 27, pp. 111–112 (Feb., 1938)Google Scholar.

56 General Acts and Resolutions of Florida, 1937, pp. 187, 262, 273, 585Google Scholar; Acts and Resolutions of Georgia, 1937, p. 616Google Scholar; Acts and Joint Resolutions of South Carolina, 1937, nos. 85, 123. The Florida acts, in some instances, were subject to local referendum.

57 See this Review, Vol. 31, p. 908.

58 Laws of New York, 1937, chs. 862, 863. See also Hallett, George H. Jr., “Comprehensive County Bills Pass in New York,” National Municipal Review, Vol. 26, p. 316 (June, 1937)Google Scholar.

59 Laws of New York, 1937, ch. 617; Davies, Audrey M., “An Alternative Form of Government for Westchester County, New York,” National Municipal Review, Vol. 26, pp. 367–368 (July, 1937)Google Scholar. Two other optional charters had previously been rejected by the voters of Westchester county. New York Times, Nov. 4, 1937, p. 18Google Scholar.

60 Laws of Pennsylvania, 1937, p. 2879Google Scholar.

61 Laws of Indiana, 1937, chs. 119, 135, 203; Acts and Joint Resolutions of Iowa, 1937, ch. 91; Kansas Session Laws, 1937, ch. 327; Public Laws of Maine, 1937, chs. 206, 216; Session Laws of Nebraska, 1937, ch. 57; Laws of New Mexico, 1937, ch. 233; Laws of Pennsylvania, 1937, no. 584; Session Laws of Washington, 1937, ch. 180.

62 General Acts and Resolutions of Florida, 1937, p. 872Google Scholar; General Laws of Idaho, 1937, ch. 216; Laws of Illinois, 1937, p. 451Google Scholar; Public Laws of Maine, 1937, chs. 206, 216; Public Acts of Michigan, 1937, no. 258; Laws of Missouri, 1937, p. 467; Laws, Resolutions, and Memorials of Montana, 1937, p. 711Google Scholar; Session Laws of Nebraska, 1937, ch. 57; Acts and Joint Resolutions of South Carolina, 1937, no. 319. Most of the state laws authorizing the establishment of soil conservation districts provided for the appointment of two of the five district supervisors by a state soil conservation committee. See supra, “New Areas.”

63 Laws of New Mexico, 1937, ch. 233; Public Laws and Resolutions of North Carolina, 1937, ch. 49; Session Laws of Washington, 1937, ch. 180; Acts and Resolutions of West Virginia, 1937, ch. 71.

64 Owsley, Roy H., note in Public Management, Vol. 19, pp. 372–373 (Dec., 1937)Google Scholar.

65 Law s of Pennsylvania, 1937, no. 256; Commonwealth ex rel. Smillie v. McElwee, 327 Pa. 148, 193 Atl. 628 (1937).

66 Data supplied by the United States Housing Authority, July 8, 1938. The counties for which earmarkings had been made were Los Angeles and San Francisco (city and county) in California, Delaware in Indiana, and Allegheny and McKean in Pennsylvania.

67 Acts of Arkansas, 1937, no. 67; Laws of Colorado, 1937, chs. 220, 266; General Laws of Idaho, 1937, ch. 215; Laws of Illinois, 1937, p. 503Google Scholar; Baldwin's June 1938 Ohio Code Service, sec. 6443–1; Oregon Laws, 1937, ch. 314; Session Laws of Washington, 1937, ch. 72. Also of interest is a decision of the Colorado supreme court upholding, as against the contention that no legitimate “local and municipal” purpose was involved, the validity of a bond issue by the city and county of Denver to buy land to be donated to the Federal Government as a site for an air corps technical school. McNichols v. City and County of Denver, 74 P. (2d) 99 (Supreme Court of Colorado, 1937).

68 Mallery, Earl D., “Federal-City Relations in 1937,” Municipal Year Book, 1938, pp. 197–209, 206Google Scholar; Miles, Arnold, “In-Service Training for Municipal Employees,” Public Management, Vol. 20, pp. 107–109 (Apr., 1938)Google Scholar; Olmsted, H. M., note in National Municipal Review, Vol. 27, pp. 373–374 (July, 1938)CrossRefGoogle Scholar.

69 Stat. at L. 163. See supra, “New Areas.”

70 Data supplied by Soil Conservation Service, U. S. Department of Agriculture.

71 See supra, “Indebtedness;” Foley, E. H. Jr., “Recent Developments in Federal-Municipal Relationships,” University of Pennsylvania Law Review, Vol. 86, pp. 485–516 (Mar., 1938)CrossRefGoogle Scholar.