COUNTY GOVERNMENT IN MISSOURI

BY ISIDOR LOEB, PH.D.,

Professor of Political Science, University of Missouri.

In Missouri the county is not only the chief district for local government but, aside from a few counties, it comprehends practically all local administration except that which is carried on in incorporated cities and villages and in local school districts. The southern type of county government was introduced during the territorial period and social, economic, and political conditions have prevented any important modification of the system.

After the Civil War, when there was considerable immigration into Missouri from the north central states, the demand arose for a division of functions between the county and incorporated townships. In 1872 the legislature enacted an optional law for township organization similar to one existing in Illinois. The system encountered great opposition, partly due to the charge that it was more expensive but chiefly because of conservative attachment to inherited institutions. A new act providing a much less developed type of township government was passed in the next year and this in turn was repealed in 1877. In 1879 a new law was enacted and this has continued in effect, being amended from time to time.

Under the present law any county may adopt township organization with the approval of a majority of the voters voting upon that proposition and may discontinue the system in the same manner. In counties which have adopted township organization the county remains the more important unit. As the township takes over the functions of assessment and collection, there is no county assessor or collector. The township has also some functions of highway administration. In other respects, however, the organization and powers of the county are unchanged. The system of township organization has never received wide acceptance in Missouri. Only 33 out of the 114 counties of the state have ever adopted the system, and the 20 counties in which it now obtains represent the widest acceptance it has received at any one time.1

1 Its adoption has been confined chiefly to the western tier of counties south of the Missouri River and to a group of counties in the north central part of the

The five districts into which upper Louisiana was divided under the Spanish rule continued to exist after the Louisiana Purchase and became the original counties in the territory of Missouri. Fifteen additional counties were organized during the territorial period, of which five were in the district later organized as the territory of Arkansas. The subdivision of counties continued after the admission of Missouri as a state until at the time of the adoption of the present Constitution in 1875, 114 counties had been organized. In 1876, the city of St. Louis was separated from the county of that name and given all the necessary functions of a county which could be exercised in a city.2

The government of the county is carried on by a county court and a number of special executive and administrative officials. The county court is merely an administrative board possessing practically no judicial functions, its name having been inherited from an earlier period in which the administrative functions of the county were exercised by a judicial body. During the territorial period many experiments were made regarding the county board.3

The first legislature which met after the admission of the state established a county court of three members as the general administrative authority of the county. As in the territorial period, the elective principle was not recognized, the judges being appointed by the governor for a term of four years.

state.

These counties were the latest to be settled and thus felt the influence of northern immigration.

The counties vary in area from Worth with 270 square miles to Texas which contains 1,145 square miles. The average is about 600 square miles. In nearly four-fifths of the counties the area is between 400 and 700 square miles. The legislature cannot change the boundaries of counties without the consent of a majority of the voters of all the counties affected by the proposed change. The population varies from 5,504 in Carter to 283,522 in Jackson which includes Kansas City. The average population excluding Kansas City and the City of St. Louis is 20,683. In more than two-thirds of the counties, the population is between 14,000 and 31,000.

The English justice of the peace system was the original form introduced. This was soon modified by the establishment of separate financial administration under a county board of commissioners and district assessors. A county auditor later took the place of the commissioners. The system proved too complex for the primitive conditions in the territory and in 1813 there was again a consolidation of judicial and administrative functions, first in the local county court and later in the circuit court which displaced the former. Under this system, each circuit judge had charge of the local financial administration in all of the counties in his circuit.

In 1825 there was a temporary reaction in favor of the justice of the peace system, but the county court plan was re-instituted by the next legislature in 1827. Four years later the offices were made elective. This continued to be the general form of county court until 1877, except that in 1855 the term was changed to six years, one judge being elected every two years.

During the period between 1841 and 1877, the general law governing the county court was changed by a large number of special acts applying to a particular county or counties. Some of these acts affected the functions of the county court, the most important being those which established separate probate courts and conferred upon them the jurisdiction over probate matters which under the general law belonged to the county court. By 1866 separate probate courts had been established in 79 out of the 114 counties.

Equally significant were the special acts relating to the organization of the county court. These were due to special conditions existing in some of the counties, such as small population, large cities and desire for representation of the townships on the county board.

The lack of uniformity and the other evils of special legislation led to the adoption of a provision in the state Constitution of 1865 prohibiting the legislature from passing any special law "for any case for which provision can be made by a general law." Special acts continued to be passed, however, as the legislature held that it could decide when provision could not be made by a general law. As a result the Constitution of 1875 not only prohibits all special laws "where a general law can be made applicable" but makes the applicability of a general law a judicial question to be "judicially determined without regard to any legislative assertions on the subject." The legislature is also specifically prohibited from passing any special law "regulating the affairs of counties," "creating offices, or prescribing the powers and duties of officers in counties" or "legalizing the unauthorized or invalid acts of any officer or agent of any county." The constitution provides, moreover, that the county court in each county shall consist of not exceeding three members.8

Under the provisions of the constitution the existing organizations of the county court continued until the legislature could enact a general law. This was done in 1877. The organization of the county court under this law was a compromise containing features from many of the special acts. There are three members-a pre

siding judge and two associate judges. The county is divided into two districts as nearly equal in population as practicable without dividing municipal townships. One associate judge is elected by the voters of each district for a term of two years while the presiding judge is elected at large by the voters of the entire county for a term of four years.

The county court has functions in connection with financial administration, charitable relief, roads and bridges, licenses and various miscellaneous matters. It levies taxes on property for state and county purposes. The rate for state purposes is fixed by the legislature but the county court fixes the rate for county purposes subject to the maximum rates established by the constitution which vary according to the assessed valuation of property in the county. The county court cannot incur any debt in excess of the annual income of the county without the consent of two-thirds of the voters, and the debt must in no case exceed five per cent of the assessed value of property in the county except for building a jail or court house or for roads and bridges.10

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The county court appropriates the county revenue for county purposes and audits and allows all accounts against the county. It constructs a jail and court house, has control over all county buildings and property, and attends to the investments of the county and other local school funds.

The administration of poor relief is a function of the county court. A county almshouse is usually maintained and outdoor relief is also granted.

The county court has general charge of the highways of the county. It provides for the opening of roads and constructs bridges over streams. It divides the county into road districts and appoints a road overseer in each district. The court appoints a county highway engineer to supervise the highway administration. The voters.

"During the first period of railroad construction in Missouri, between 1850 and 1870, public money and credit were freely granted by the state, counties, and other local subdivisions. In some cases fraud and in others gross negligence led to the incurring of the debt without securing the railroad. As a result there were incorporated into the Constitution of 1875 the most stringent provisions regarding taxation and loans. Art. X, sec. 11, 12. County taxes are also levied on licenses but these cannot be more than double the state taxes.

10 The members of the county court with the county assessor and surveyor constitute the county board of equalization, which has power to determine all appeals from the assessor's valuation and to equalize assessments of real and personal property in the county.

of any county may dispense with this official in which case the elected county surveyor attends to his functions. Provision exists also for the organization of special road districts under the control of a board of three commissioners. Such districts may levy taxes and incur loans for road improvement.

County licenses are required for numerous occupations. In most cases the licenses are issued by the county collector upon payment of the fee or tax. In the case of ferries and dramshops, however, application must be made to the county court which has discretion in granting the license.

The county court has a large number of miscellaneous powers including the division of the county into townships, selection of jurors, incorporation of cities, approval of bonds of county officials, organization of levee and drainage districts, sanitary matters, destruction of diseased plants and wild animals, determination of election precincts, selection of judges and clerks, and other duties relating to elections.

While the county court is the general administrative authority of the county, it retains only a limited power of appointment and has only slight supervision or control of county officials. Where a highway engineer exists, he is appointed by the county court which also appoints a physician to serve on the county board of health, a teacher to serve on the county text-book commission, the superintendent of the poor house, road overseers and minor officials and employees.

The following county officials are elected by the voters of the county: assessor," collector," treasurer, clerk of the county court, clerk of the circuit court, recorder of deeds, sheriff, coroner, prosecuting attorney, probate judge, public administrator, school superintendent and surveyor.12 Until a few years ago most county officials were chosen for a term of two years. This term was increased for different offices from time to time until to-day all of the above officials hold for a term of four years except the prosecuting attorney who is chosen for two years. Certain of these officials cannot be elected to succeed themselves and in practice few county officials hold for more than two terms.

"In counties which have adopted township organization, there is no county assessor or collector.

12 In Buchanan and Jasper counties there is a county auditor and in Jackson county a county marshal each elected for a term of four years.