Election and Term.—The county officers are in most sections of the country elected by the people of the county. The term is usually two years.
Removals and Vacancies.—Provision is made for the removal of any county officer for non-feasance or malfeasance in office. The power to remove is generally vested in the governor. The accused must be given an opportunity to be “heard in his own defense.” Vacancies are generally filled by the county commissioners. They appoint some one, not one of themselves, to serve until the next election.
Qualifying.—Each officer before assuming the duties of his office takes the official oath. All of the officers except the commissioners and the superintendent of schools are required to give bonds. Copies of these bonds are preserved by the register of deeds, and the originals are forwarded to the secretary of state.
Compensation.—Compensation is usually by salary or by fees. The matter is usually in the hands of the county commissioners, except so far as concerns their own compensation, which is fixed by law. This is usually a per diem.
Eligibility.—Any voter who has resided in the county a certain time (usually about thirty days) is eligible to any county office, except that of attorney or court commissioner. The former must be a person admitted to practice in all the courts of the state. The latter must be a man “learned in the law.”
In some cases a person may hold two offices at the same time; thus, a person may be court commissioner and judge of probate. But no person can hold two offices one of which is meant to be a check upon the other. For instance, no one could be auditor and treasurer at the same time. In some states there is a bar against holding certain offices for two terms in succession.
Some Pertinent Questions.
What is the difference between a town road and a county road? Point out one of each kind. If you wanted a change in a county road, to whom would you apply?
Get a warranty deed and fill it out for a supposed sale. Compare with it a mortgage deed. A quitclaim deed. Compare a mortgage deed with a chattel mortgage. Account for the differences. If A buys a farm from B and does not file his deed, who owns the farm?
If a man possessing some property should get into habits of gambling and debauchery, squandering his money and not providing for his family, what could be done? On what grounds could this interference by a public officer be justified?
Who would be keeper of the jail if the sheriff should be a prisoner? Why not one of the deputy sheriffs?
Study out carefully the derivation of the words auditor, sheriff, coroner, probate, commissioner, supervisor, superintendent.
The county attorney is usually paid a salary while the register of deeds usually gets the fees of his office. What seems to govern in the matter? Name the salaried officers in this county. The officers who are paid fees.