title: Essentials in civil government;
text: ijiij ik \f»i vw ♦A V V* T« j - ;»/i t_i» y < •'<*1 'a f.^ij/ rm m SUPPLEMENT THE STATE OF NEW JERSEY Constitution.—New Jersey ratified the Constitution of the United States, December 18, 1787, thus making it the third State to enter the Union. The earliest form of govern¬ ment in New Jersey was proprietary, and as liberal in the governmental privileges granted to the freeholders as in those granted to colonies where the authority was derived from a royal charter. Charles II. gave large tracts on this continent to his brother the Duke of York, who, in turn, in 1664, sold to Lords Berkeley and Carteret what is now known as New Jersey. Berkeley and Carteret provided for the settlers of this province a form of government which em¬ braced a Governor and a General Assembly. The Governor was appointed by the proprietors, and he selected a Council of from six to twelve members, who, together with the Gov¬ ernor, formed the executive. The General Assembly was composed of the Governor and Council and twelve represen¬ tatives chosen by the freeholders. In the General Assembly was vested the legislative power. It established courts of justice, took all measures to preserve order and secure the general welfare, regulated commerce, imposed all taxes, and determined the length of its own sessions. The free¬ holders were granted the right of petition to the proprietors, and also entire liberty of conscience in matters of religion. 1 w. p. I Copyright, 1898, 1909, by American Book Company. 2 SUPPLEMENT Many persons were induced to leave other colonies and settle in New Jersey by reason of these liberal provisions. In 1676 the province was divided into East and West Jersey, but the same generous measures as those stated above prevailed until 1702, when the province was turned over to the sovereign. From this time down to the Declara¬ tion of Independence the following were the provisions of government: 1. A Governor and twelve councilmen were appointed by the King, and twenty-four assemblymen were chosen by the freeholders. 2. The Governor and Coun¬ cil organized the courts of law. 3. The sessions of the As¬ sembly were dependent upon the pleasure of the Governor, and either he or the sovereign could veto its measures. Dur¬ ing this period there were frequent contests between the Governor and the Assembly, the latter striving to preserve the liberties of the people against the encroachments of the former. The province remained under the rule of royal governors until July 2,1776, when a State constitution was adopted. The present constitution was ratified by the peo¬ ple at an election held August 13, 1844, and was amended at a special election held September 7, 1875. It has since been amended at a special election held September 28,1897, whereby the Legislature was prohibited from passing any law legalizing the purchase or sale of lottery tickets, pool selling, bookmaking, or gambling of any kind, or in any way diminishing the penalty or punishment now provided for such acts. Political Divisions.—For convenience of government the State is divided into twenty-one counties; the counties are THE STATE OF NEW JERSEY 3 further divided into townships, cities, towns, and boroughs. For purposes of legislation, counties which have a popula¬ tion of more than 200,000 are designated as first class; coun¬ ties which have a population of between 50,000 and 200,000 are designated as second class; counties which have a popu¬ lation of between 20,000 and 50,000 are designated as third class; and counties which have a population of less than 20,000 are designated 3iS fourth class. Cities which have a population of over 150,000 are of the first class; cities which have a population of between 12,000 and 150,000 are of the second class. Those not included in the other two classes, except those lying on the Atlantic coast and being seaside or summer resorts, are of the third class; all those cities lying upon the Atlantic coast and being seaside or summer resorts are of the fourth class. TOWNSHIP GOVERNMENT Township.—^The township in New Jersey was originally an example of pure democracy (see p. 67), but the intro¬ duction of the ballot and voting by party tickets have changed the method of government considerably. It is now conducted through a township committee. Town Meeting.—^At a township meeting or election, held each year, the township officers are chosen, and sums to be expended for maintenance of roads, support of the poor, and, occasionally, for other objects, are fixed by a majority vote of the qualified voters of the township. These include every person entitled to the right of suffrage under the constitution, who has resided in the county for five months 4 SUPPLEMENT next preceding the meeting, and who has been duly regis¬ tered before the day of the meeting. Township Committee.—^The township committee has a membership varying in number from three to eleven in dif¬ ferent townships, depending, in a general way, upon the population of the township. Committeemen are elected for terms which also vary in different townships, but quite generally the term of office is three years, and usually a certain proportion of the members go out of office each year. As a rule, members receive two dollars per day for actual service. The township committee have general charge of town¬ ship affairs, receive reports, and direct the work of other township officers. They may contract for public improvements, such as water supply, etc., on the consent of the majority of real estate owners, and may borrow the money by issuing bonds. The committee may fill any vacancy which may have oc¬ curred in any office, the appointee serving until the next annual township meeting. They generally elect one of their number as chairman and another as treasurer, or the township collector may act as that officer. Clerk.—Besides the township committee, the township meeting elects a clerk, who gives notice of the time, place, and object of the township meeting, keeps the minutes, ad¬ ministers oaths, and makes out an account of the receipts and expenditures of the committee. He generally receives three dollars per day for actual service, with small fees. Other Officers.—Other township officers also chosen at THE STATE OF NEW JERSEY 5 the annual election are: an assessor, a collector, one or more constables, surveyors of highways, roadmasters, an overseer of the poor, justices of the peace, and poundkeepers. (See pp. 101 and 102.) All township officers must be residents of the township. Justices of the Peace.—^The increase in the number of statutory courts has somewhat lessened the importance of the ancient office of justice of the peace. There may be two but not more than five justices of the peace in a town¬ ship or in a ward of a city, according to population. A township or ward that contains two thousand inhabitants or less may have two justices; if it contains more than two thousand and not more than four thousand, it may have four justices; and if the population is more than four thousand, it may have five. Any township, not voting in wards, that contains more then seven thousand inhabitants may have an additional justice for each additional three thousand above four thousand. They hold office for five years. They are commissioned for the county. In some counties they may try civil suits, where the debt or balance in dispute does not exceed two hundred dollars. But they have no juris¬ diction in cases of replevin, slander, trespass for assault and battery, or imprisonment, or any action wherein the title of real estate is in question. Other duties are described on pp. 101, 144, 145. MUNICIPAL GOVERNMENT Villages, Boroughs, and Towns.—Villages, boroughs, and towns of New Jersey have been created under general 6 SUPPLEMENT laws or by special charters from the Legislature and gener¬ ally within the boundaries of a township. They are designed to enable small, closely settled localities to obtain, through taxation or the issue of bonds, such public improvements as light, water supply, and sewerage, which are not feasible in thinly settled country districts. Owing to the widely differing conditions of different suburban communities, their minor muncipal governments differ among themselves in many details, but they resemble one another closely in general features. The legislative body, whose members are chosen by the people, is called the borough ‘‘counciT^ or the village “trustees.” The chief executive officer in the borough is the mayor, usually chosen by the people; but in villages, a president is usually chosen by the trustees from among their number. Other borough officers are the clerk, col¬ lector, treasurer, attorney or counsel, assessor, overseer of the poor, chief of police, and fire department, and, in large boroughs, a board of education, though in villages and small boroughs the public schools are in the charge of the township board of education, and in certain vil¬ lages the taxes are assessed and collected by township officers. In order that any district may be incorporated as a vil¬ lage, it must usually be not less than one square mile in extent and have a population of three hundred for every square mile or fraction thereof. But at present no village can be incorporated except by special act of the Legislature. Villages may borrow money for certain public improve- THE STATE OF NEW JERSEY 7 ments on the promissory notes of the corporation, or by issuing temporary improvement certificates. A district can, at present, be incorporated as a borough only by special act of the Legislature. Large boroughs are entirely separate in all matters from the townships in which they lie. Every borough having three thousand or more in¬ habitants elects a member of the board of chosen freehold¬ ers. The borough mayor and council may issue improve¬ ment bonds if the majority of voters show their approval at an election. The inhabitants of any village, borough, or township hav¬ ing a special charter, and having a population exceeding four thousand inhabitants, may become incorporated as a town. Towns may issue bonds for public improvement. Cities.—Most of the cities of New Jersey exist under special charters (pp. 105-107) which differ in important respects. State legislation affecting cities must now, how¬ ever, apply to all cities of the same class. The city legisla¬ tive body—the Common Council or Board of Aldermen—is composed of representatives elected from each ward. The executive officers are the mayor, city attorney, clerk, treas¬ urer, assessor, collector, engineer, surveyor, board of edu¬ cation, superintendent of schools, and, in the larger cities, a board of public works, and excise, fire, and police com¬ missioners. The city judicial department consists of the county courts, police courts, and, in the smaller cities, justices of the peace, which, in the larger cities, are generally replaced by district courts. 8 SUPPLEMENT In the larger cities, the boards of public works and educa^ tion, and to a certain extent the fire and police commission¬ ers, act also in a legislative capacity. In the case of the board of works and board of education, the estimate of the amount of money needed by each is sent to the Council, which appropriates the sum asked for, if approved. Aside from this, these two boards are empowered to enact laws and regulations for the governing of their respective depart¬ ments, appoint and fix the salaries and duties of their various subordinates, and otherwise use the money intrusted to them by the Council for the best interest of the city in pub¬ lic improvement and education. The power of the fire and police commissioners is more limited, the maximum number and salary of their employees being fixed by ordinance of the Common Council. The mayor may veto the acts of the City Council, but these may be passed over the veto by a two thirds vote of the Council. The duties of the remaining officers are simi¬ lar to those described for the town and county officers of the same name. COUNTY GOVERNMENT Counties. —^The counties of New Jersey are governed in the main as described on pp. 85-92. The principal officers are the board of supervisors, called in New Jersey the board of chosen freeholders, clerk, sheriff, collector, public prosecutor, surveyor, and superintendent of schools, with judicial officers. Board of Chosen Freeholders. —^The board of chosen free- THE STATE OF NEW JERSEY 9 holders constitute the corporate body of the county. They are the legislative department (p. 74). They issue the county bonds, and provide for the payment of bonds and for other county expenses by levying taxes upon the town¬ ships and municipalities, which levy the same upon the property owners. In some counties the board is made up of representatives from each township, from each ward of a city, and from each borough having three thousand or more inhabitants, in the county. Each is elected for a term of two or three years by the legal voters of his district. In other counties,—those which have voted to adopt the small board of freeholders,—the board consists of three, five, seven, or nine members (according to the population of the county) elected by vote of the whole county and holding office for three years. The salary of each member of the board varies from $500 to $1,500. Other officers of the county also receive salaries, graded according to the population. Sheriff. —No person can be sheriff unless he has been a citizen of the State and an inhabitant of the county for three years next preceding the election. He is elected by popular vote. He is the chief executive officer of the courts of the county. The term of office is three years, and he cannot succeed himself in office. His duties are described on p. 88. Public Prosecutor. —^The prosecutor of the pleas of the county is a lawyer appointed by the Governor and the Sen¬ ate, and represents the State in all criminal trials. In the more populous counties one or more assistants may 10 SUPPLEMENT be appointed by the prosecutor with the consent of the Governor. County Clerk. —^The duties of the county clerk or clerk of the court of common pleas are given on p. 89. He is elected for a term of five years. In a few counties an extra officer, register of deeds (p. 90), is elected, but in most counties there is only the one officer—the county clerk acts as register also. Surrogate. —^There is one surrogate elected in each county, and he may appoint a deputy. He admits wills to probate, grants letters of administration and of guardian¬ ship, audits accounts of executors, administrators, and guardians, keeps the minutes of the orphans’ court, and has general charge of the estates of deceased persons. Collector. —^The collector must be a freeholder, not of the board of chosen freeholders, elected by the latter. His duties are, as his name implies, to collect the county taxes. Besides, he is the county treasurer, and as such has charge of the county’s money, which he pays out on proper war-' rant. Superintendent of Schools. —See p. 24 of this supple¬ ment. Coroner. —^The coroner is elected for a term of three years, and he cannot succeed himself in office. His duties are described on p. 89. A coroner’s inquest may be held by a justice of the peace if no coroner can be had in due time. Inquests are seldom held in the more populous counties; instead, in any case where murder or man¬ slaughter is suspected, the county physician usually re- THE STATE OF NEW JERSEY 11 ports to the prosecutor, who lays the matter before the grand jury. When the office of sheriff is vacant, the coroner designated by one of the supreme court justices acts until a new sheriff is elected or appointed. Auditor. —^The auditor exercises supervision over the receipts and expenditures of the county’s moneys. He serves for three years and is appointed by the chosen free¬ holders. Among the remaining officers are the county physician, superintendent of insane asylums, jail warden, jail physi¬ cian, penitentiary warden, penitentiary physician, counsel of the board of chosen freeholders. County Courts. —^The county courts are the court of common pleas (p. 268), circuit court (p. 267), orphans’ court, oyer and terminer, and quarter sessions of the peace. A justice of the supreme court, sitting in circuit, is the head of the county courts, and presides at trials in the circuit court, court of oyer and terminer, and orphans’ court, when necessary. In the more populous counties, an addi¬ tional circuit judge is appointed, to assist in conducting civil trials. The presiding judge of the court of common pleas conducts the criminal trials; he presides over the court of quarter sessions, for criminal cases, is judge of the juvenile court, and is judge of the orphans’ court. The orphans’ court has jurisdiction over disputes concerning wills, administrations, guardianships, recovery of legacies, and distribution of shares of estates. Jurors. —Citizens are liable for jury duty, unless ex¬ empted by service in the National Guard, in the War of the 12 SUPPLEMENT Rebellion, or in the fire department. At each of the terms of the circuit court, twenty-four grand jurors are summoned (one of whom is excused), whose duty it is to consider com¬ plaints of crime, and to take action, by indictment, against public offenders in the graver crimes. A clerk, appointed by the court, records their proceedings. STATE GOVERNMENT Bill of Rights. —There is, at the beginning of the New Jersey constitution, a statement of personal rights in¬ cluding those described on pp. 37-44. Distribution of the Powers of Government. —“The pow¬ ers of the government shall be divided into three distinct departments—the legislative, executive, and judicial; and no person or persons belonging to, or constituting one of these departments, shall exercise any of the powers properly belonging to either of the others, except as herein expressly provided.’^ Legislative Branch. —^The legislative power is vested in a Senate and a General Assembly. The members of the Senate and General Assembly are elected yearly on the first Tuesday after the first Monday in November. The two houses meet for organization the second Tuesday in January next after the election. All bills for raising revenue shall originate in the Assembly, but the Senate may propose amendments. All bills and joint resolutions shall be read three times in each house, before the final passage thereof; and no bill or joint resolution shall pass unless a majority of all the mem¬ bers of each house be personally present and assent thereto. THE STATE OF NEW JERSEY 13 and the yeas and nays of the members voting on the final passage must be recorded in the journal. Each house keeps a journal of its proceedings, and decides for itself any dispute as to its membership. A majority of the mem¬ bers of each house constitutes a quorum. Each house chooses its own officers. The members of each house re¬ ceive $500 per annum. The President of the Senate and the Speaker of the House of Assembly receive, in addition, one third of the sum received as members. Forbidden Powers. —^The Legislature is expressly for¬ bidden by the constitution: (1) To draw money from the treasury except for appropriations made by law; (2) to lend the credit of the State; (3) to create a debt greater than $100,000, except for war purposes, or after the specific object of such debt has been approved by the people at a general election; (4) to grant divorces; (5) to authorize lotteries; (6) to pass bills of attainder, or laws impairing the obligation of contracts; (7) to pass laws embracing more than one object, to be expressed in the title; (8) to pass general laws containing provisions of a private or local nature; (9) to pass local or private laws with respect to the following: Laying out, opening, altering, and working roads. Vacating any road, town plot, street, alley, or public grounds. Regulating internal affairs of towns and counties; ap¬ pointing local officers or commissions to regulate municipal affairs. Selecting grand or petit jurors. 14 SUPPLEMENT Creating, increasing, or decreasing the allowance of pub¬ lic officers during their term of office. Changing the law of descent. Providing for the management and support of free public schools. Conferring corporate powers of any kind upon individuals or upon associations. How Amended. —An amendment to the constitution may be proposed in the Senate or the General Assembly. If it is agreed to by a majority of the two houses, the pro¬ posed amendment is entered on the journals, with the yeas and nays taken thereon. It is then to be submitted to the Legislature next to be chosen, and is to be published for three months previous to making such choice, in at least one newspaper in each county. If the proposed amend¬ ment is agreed to by a majority of both houses of this second Legislature, it is then to be submitted to the people at such time as the Legislature may prescribe. This must be at least four months after the adjournment of the Legislature. If the amendment is agreed to by a majority of the electors voting, it becomes a part of the constitution. Amendments are not to be submitted to the people by the Legislature oftener than once in five years. The Senate. —The Senate is composed, at present, of twenty-one members. One is elected from each county for a term of three years. The members of the Senate are divided into three classes, one containing seven, another eight, and another six senators. The term of all the sen¬ ators of one class expires each year, so that a majority of THE STATE OF NEW JERSEY 15 the Senate is continually in office. A person to be eligible as senator must have attained the age of thirty years; must have been a citizen and inhabitant of the State for four years, and of the county for which he shall be chosen one year, next before his election; he must be entitled to the right of suffrage. In case of a vacancy, the person elected to fill it serves for the unexpired term only. The General Assembly. —^The General Assembly is com¬ posed of not more than sixty members, apportioned among the several counties in accordance with the population, pro¬ vided that each county has at least one representative. The apportionment is made at the first session of the Legis¬ lature following the taking of the United States census; and this apportionment remains unaltered until the next enumeration. The members are chosen annually. To be eligible to a seat in the General Assembly a person must be at least twenty-one years of age, must have been a citizen and inhabitant of the State two years, and of the county from which he is chosen one year next preceding his election. The Judiciary. —The principal courts of New Jersey are the Court of Errors and Appeals, the Supreme Court, the Circuit Court, the Prerogative Court, the Court of Chancery, the Court of Pardons, and the Court of Common Pleas. Court of Errors and Appeals. —This is the court of last resort. It is composed of the chancellor, the justices of the supreme court, and six lay judges, or a major part of them, appointed by the Governor with the consent of the Senate for a term of six years, arranged so that one goes out of of¬ fice each year. The secretary of state is clerk of this court. 16 SUPPLEMENT It hears all causes brought to it on appeal from an order or decree issued by the court of chancery and all appeals on writs of error brought from the supreme court. In the first class of causes the chancellor is to have no voice in the hearing or the final sentence. In the second class, a justice who rendered the judicial opinion complained of shall not sit as a member of the court of appeals during its final trial; but the reasons for his opinion shall be rendered to the court in writing. Supreme Court. —^This court is composed of a chief jus¬ tice and eight associate justices, appointed for seven years by the Governor, with the advice and consent of the Senate. This number of judges may be increased or diminished, but shall not be less than two. Final judgments in any circuit court may be brought by writ of error into the supreme court. The chief justice receives 111,000 and each associate justice $10,000 per annum. Circuit Courts. —^These courts are held in every county by one of the justices of the supreme court or by a judge appointed for that purpose. These courts have concurrent jurisdiction with the supreme court over all common law causes within the county, except in those of a criminal nature. Court of Chancery. —^The head of this court is the chan¬ cellor, who is appointed by the Governor, with the consent of the Senate, for seven years. He is also surrogate general and judge of the prerogative court, which considers ap¬ peals from the orphans^ courts. There are also seven vice chancellors. The secretary of state is register of the pre- THE STATE OF NEW JERSEY 17 rogative court. The chancellor receives $11,000 and each vice chancellor $10,000 per annum. The court of chancery has jurisdiction in all equity cases. The Court of Pardons is composed of the Governor, chancellor, and the lay judges of the court of errors and appeals. A majority of this court is necessary to grant pardons in this State, and the Governor must be one of such majority. The secretary of state is clerk of this court. Court of Common Pleas.— There is one judge of this court in each county; he is appointed by the Governor and confirmed by the Senate for the term of five years. In counties of over 400,000 inhabitants there may be two judges of this court. Executive. —The chief executive officers of the State are the Governor, secretary of state, treasurer, comptroller, attorney-general, adjutant general, quartermaster general, and superintendent of public instruction. Governor. —The Governor must be thirty years of age, and must have been a citizen of the United States for twenty years and of his State for seven years next preceding his election, unless absent on public business of the State or United States. He must not hold any other public office. The Governor is elected by the legal voters of the State. The candidate who receives the highest number of votes is declared elected. If two or more are equal and highest in votes, one shall be chosen Governor by a majority vote of both houses of the Legislature. The term of office is three years, and no one can serve two terms in succession. The salary is $10,000 per year. The principal powers and duties 18 SUPPLEMENT of the chief executive are given in detail on pp. 138-140. In addition to these, the Governor of New Jersey may con¬ vene the Senate alone, if he so desires. If he fails to return a bill within five days (Sundays excepted) after it is re¬ ceived, that bill becomes a law, unless the Legislature by adjournment prevents its return. A majority vote of both houses will pass a bill over the Governor’s veto. The Governor may grant reprieves in all cases except impeachment. Pardons may be granted by the Governor and court of pardons in all cases except im¬ peachment. The State of New Jersey has no lieutenant governor. In case of resignation, impeachment, or death of the Gov¬ ernor, the President of the Senate acts in his place until a new Governor is elected and qualified. The Speaker of the Assembly is next to the President of the Senate in line of succession for the governorship. Secretary of State. —In general, the secretary of state is the chief clerk of the executive department. He has charge of all State papers, and all laws passed must be filed with him. Copies of the acts of the Legislature must be furnished by him upon the application of any person, and these copies when signed by the secretary may serve as evidence. He also keeps a record of the names of testators, and files wills. The salary of the secretary of state is $6,000 per annum, and his term of office is five years. He is appointed by the Gov¬ ernor with the consent of the Senate. Comptroller. —It is the comptroller’s duty to examine and audit all accounts in which the State is interested. An THE STATE OF NEW JERSEY 19 abstract of fines and ratables is submitted to him, and the chosen freeholders must transmit to him a statement of the expenditures of the committees in their charge. The term of office is three years, and the salary is $6,000 per year. Treasurer. —The State treasurer has charge of all of the funds of the State. He must keep an accurate account of all receipts and expenditures, which account is audited by the comptroller. He pays out money for State purposes upon the warrant of the comptroller. The salary of the treasurer is $6,000, and he serves for three years. The State treasurer and the comptroller are appointed by the Legis¬ lature in joint session. Attorney-General. —The attorney-general is the repre¬ sentative of the State in all matters of litigation to which the State is a party. He is the legal adviser of the Legis¬ lature when in session, and of the Governor and State officers and boards. He may be called upon to assist the county prosecutors in the trial of important criminal cases. He is appointed by the Governor, with the consent of the Senate, for a term of five years. His salary is $7,000 a year. Superintendent of Public Instruction. —See p. 23 of this supplement. Adjutant General and Quartermaster General. —^These are executive officers of the State Militia. The Commissioner of Banking and Insurance has charge of the administration of all acts in respect to banking and insurance. Among other officials may be mentioned— 20 SUPPLEMENT State Librarian. A Keeper and a Supervisor of the State Prison. State Geologist. Clerk in Chancery. Clerk of Supreme Court. Major General commanding National Guard. Custodian of the State House. Chief of the Bureau of Labor Statistics. Inspector of Factories and Workshops. State Dairy Commission. Curator of State Museum. Riparian Commissioners. State Commissioner of Public Roads. Commissioner of Pilotage. Fish and Game Commissioners. Inspectors of Steamboats. State Board of Education. State Board of Assessors. State Board of Taxation. State Board of Agriculture. State Board of Health. State Board of Medical Examiners. State Board of Pharmacy. State Board of Dentistry. Boards of Managers of State Hospitals. Trustees of State Home for Boys. Trustees of State Home for Girls. Removal of Judicial and Executive Officers. —^The Gov¬ ernor and all other civil officers are liable to impeachment for misdemeanor in office while in office, and for two years thereafter. The General Assembly has the sole power of impeaching by a majority vote of all the members. The Senate, sitting as a court, tries all impeachments, and when sitting for this purpose, the members are under oath or affirmation, ‘‘truly and impartially to try and determine the charge in question according to evidence.^’ The secre- THE STATE OF NEW JERSEY 21 tary of state is clerk of this court. A two thirds vote of all the members is necessary to convict. Any judicial officer impeached shall be suspended from office until his acquittal. The penalty in case of conviction shall not extend be¬ yond (1) removal from office, and (2) disqualification to hold any office under this State. The convicted party shall, however, be liable to indictment, trial, and punishment by law. EDUCATION Education. —From its first settlement, the people of this State have taken a deep interest in the education of its youth. One of the first buildings erected after the estab¬ lishment of a community was the church, and alongside of this was placed the schoolhouse. As early as 1693, au¬ thority was given to support schools by public tax. The more important features of the school law are as follows: The State School Fund is composed of moneys received from the sale of riparian lands, and from taxes on certain corporations; $200,000 of the income of this fund is ap¬ propriated annually for the support of public schools, and is distributed to the counties in proportion to the total days^ attendance of pupils. The balance of the income, if any, is added to the principal of the fund. The Legis¬ lature is prohibited by the constitution from using the school fund for any other purpose than for the support of free public schools. The State Appropriation. —Each year the Legislature ap- 22 SUPPLEMENT propriates from the State treasury a sum not less than $100,000, which is distributed to the counties in proportion to the ratables of each county. The State School Tax consists of such a sum as, when added to the State appropriation, will amount to two and three fourths mills on each dollar of valuation of the taxable property (ratables) in the State. The Legislature assesses this State school tax each year, and it is levied and collected like other taxes. Ninety per cent of the school tax col¬ lected in each county is returned for distribution in that county; the remaining ten per cent constitutes the Reserve Fund, and is distributed among the counties by the State board of education according to its discretion. The State school money apportioned to a county is dis¬ tributed among the school districts of the county by the county superintendent. The sum of $200 is apportioned for each teacher employed for the full term of the schools during the preceding year; $80 for each other teacher em¬ ployed for at least four months during the preceding year; $600 for each supervising principal or city superintendent who has devoted his entire time to supervision, and the balance is apportioned among the districts in the county on the basis of the total days’ attendance of pupils. Local Tax. —Each city, town, borough, and township constitutes a separate school district. The erection of new buildings, the repair of and improvement of old buildings, and the greater part of the expense of administration must be provided for by local tax. The school districts are re¬ quired also to provide by local tax for books and material THE STATE OF NEW JERSEY 23 to be used in the public schools. There is a law compel¬ ling children to attend school, and one requiring the com¬ munities to provide suitable buildings sufficient to accom¬ modate all children of school age in that community. All plans for school buildings must be submitted to the State board of education for criticism. State Board of Education. —This consists of two mem¬ bers from each congressional district, appointed by the Governor and confirmed by the Senate. The two members from a district must not be of the same political party. The State board of education has general supervision of all the public schools of the State. It appoints the county superintendents and makes rules for the schools and for examination of teachers, excepting where city charters otherwise provide. The State Superintendent is the chief executive officer of the State board of education. He is appointed by the Governor, with the approval of the Senate, for five years, at a salary of S5,000 per annum. He is, ex officio, secretary of the State board of education, to which he makes an annual report. The various county and city superintend¬ ents report to him. Boards of Examiners. —The State board of examiners consists of the State superintendent, the principals of the State normal schools, and one person appointed by the State board of education. This board of examiners holds examinations of teachers, grants State certificates to teach, and. revokes the same, under rules and regulations pre¬ scribed by the State board of education. 24 SUPPLEMENT There is in each county a county board of examiners consisting of the county superintendent as chairman, and not more than three teachers appointed by him, who hold office for one year. This board examines teachers and grants three grades of certificates good in the county only. There may also be a board of examiners in each city, con¬ sisting of the city superintendent and such persons as the city board appoints. The County Superintendent is appointed by the State board of education for a term of three years. His yearly salary is equal to eight dollars for each teacher employed in his county, but must not be less than $1,300 nor more than $2,000. He has power to administer oaths and ex¬ aminations to teachers and school officers, to exercise gen¬ eral supervision over the public schools of his county, to appoint members of the board of education for a new township, town, or borough school district, and for a school district which fails to elect members at the regular time. He renders an annual report to the State superintendent. District superintendents, district clerks, and custodians of school moneys of the several school districts annually re¬ port to the county superintendent. Where a superintendent is appointed in any city school district, all supervision of schools of such city devolves upon the city superintendent and not upon the county superintendent. District Boards. —Each township, city, incorporated town, and borough is a separate school district, but an in¬ corporated village is part of the school district in which it is situated. THE STATE OF NEW JERSEY 25 In each city there is a board of education consisting of nine members, the term of office of three expiring each year; the vacancies thus occurring are filled either by election or by appointment by the mayor, as the voters of the city have determined. The board has supervision, control, and management of the public schools in its district. It appoints a secretary and fixes his salary; and it may appoint a super¬ intendent of schools, a business manager, and other officers and employees; but no appointee other than the secretary shall be a member of the board, and a superintendent shall be appointed only by a majority vote of all the members of the board. The board employs and discharges principals and teachers, fixes the salary of the city superintendent (if any), and may borrow money on notes. The board may, on nomination of the city superintendent, appoint as¬ sistant superintendents and fix their salaries. Each city superintendent makes an annual report to the State su¬ perintendent. In each township, town, and borough school district there is a board of education consisting of nine members, three being chosen at each annual school meeting; except that the board may be made to consist of three members, as follows: If the board decides in favor of reducing its membership to three, and at the next annual school meet¬ ing it is so determined, then no election for members is held until the second annual school meeting after the meet¬ ing at which such determination was made. At such second annual meeting there are elected three members to serve for one, two, and three years respectively, and thereafter 26 SUPPLEMENT one member is elected annually for the term of three years. The board elects one of its members president, one vice president, and a district clerk, and may fix the compensa¬ tion of the clerk. It has power to employ and discharge teachers, principals, and employees, and to fix their salaries; to make rules for its own government and for the govern¬ ment of the schools of the district; to purchase, sell, and improve school grounds; to borrow money therefor, pro¬ vided authority is given by the regular voters of the district; to take property by condemnation proceedings; and in con¬ nection with the county superintendent to prescribe courses of study. The board may sue and be sued, and under cer¬ tain restrictions it may issue bonds. Two adjoining districts upon popular vote may consoli¬ date. Four members of each board selected by lot, and the ninth chosen by such eight shall constitute the board of the consolidated district. ELECTIONS The Secret Ballot. —In New Jersey the individual ballot is employed. The name of the party is printed at the top of each ticket. Before entering the booth each voter is handed one of each kind of ticket issued and a small en¬ velope into which he is to place the ticket he desires to vote. These envelopes are all the same size, shape, and color, and are to have no distinguishing marks upon them. The voter is not required to account for the tickets he does not vote. The voter may change the ticket by writing or pasting other names over those printed. THE STATE OF NEW JERSEY 27 In some polling districts voting machines are used in¬ stead of the ballot. Registering. —To be entitled to vote, a person must have been registered before the day of election. The registry lists are to be posted in the polling places before the elec¬ tion, so that they may be examined by the voters in the district. The registry board meets on three different days before the election to make up the polling lists. Persons not Registered. —Persons who are not registered can have their names placed upon the polling list by apply¬ ing to the county board of election. These county boards sit at their offices on the Thursday and Saturday next pre¬ ceding election day from 8 a.m. to 5 p.m. for the purpose of receiving applications for having names placed on the lists. Upon satisfactory evidence that the applicant is a legal voter, the board grants to him a certificate. On presenta¬ tion of this certificate to the board of registry the applicant’s name is placed on the polling lists and he is allowed to vote. If a voter moves into another election district in the same county, on or before the election, a certificate of transfer may be granted, signed by a majority of the board of reg¬ istry and attested by the poll clerk. This certificate is handed to the board of the district to which he moves and entitles him to have his name registered and to a vote upon his making a satisfactory statement under oath. Right of Suffrage. —Every male citizen of the United States, twenty-one years of age, who shall have been a resi¬ dent of this State one year, and of the county in which he claims his vote five months, next before the election, shall 28 SUPPLEMENT be entitled to vote for all officers that are or may be elected by the people. In time of war the Legislature has power to provide the manner in which, and the time and place at which electors, who are absent in the army or the navy of the State or the United States, may vote, and to provide for the return and canvass of their votes in the election dis¬ trict in which they reside. No person in the military, naval, or marine service of the United States shall be considered a resident of this State by being stationed in any garrison, barrack, or military or naval place or station within this State. No pauper, idiot, insane person, or person convicted of a crime which now excludes him from being a witness unless pardoned or re¬ stored by law to the right of suffrage, shall have the right to vote. The Legislature has also the right to pass laws de¬ priving persons of the right of suffrage who are convicted of bribery. ■r NEW CENTURY HISTORY OF THE UNITED STATES $ 1,00 By EDWARD EGGLESTON BY THE SAME AUTHOR First Book in American History. $ 0.60 History of the United States and Its People.1.05 Stories of Great Americans for Little Americans (Supplementary Reading for Second Year).40 Stories of American Life and Adventure (Supplementary Reading for Third Year).50 T he new century history of the UNITED STATES was not only the last literary work, but also the crowning effort of Edward Eggleston. As a text-book for grammar grades it has no superior. Although brief, it is sufficiently full for all school purposes, and is entirely within the comprehension of pupils. The narrative is written in an unusually simple and at¬ tractive style, and is accurate in every detail, being based on exhaustive study and minute knowledge. ^ The treatment is well proportioned, emphasis being laid upon the social, economic, and industrial development of the country. The relation of cause and effect is clearly traced, and all unimportant events have been carefully omitted. At¬ tention is also directed to the summary of important events at the end of each chapter, the references to collateral reading, the appendix containing short biographies of great men, the text of the Constitution of the United States, and the helpful index. ^ The numerous illustrations consist of pictures of cele¬ brated men and scenes, and form an attractive and instructive supplement to the text. The maps are clear, and not over¬ crowded with the names of places. AMERICAN BOOK COMPANY ( 115 ) PUPILS’ OUTLINE STUDIES IN UNITED STATES HISTORY #0.30 By FRANCIS H. WHITE, A.M., Professor of History and Political Science, Kansas State Agricultural College A BLANK book, which is intended for the pupil’s use in connection with any good history of the United States. 