ties having a considerable area which is mountainous an engineer may be employed by the county.

New Plan Optional. In many places there are objections to the adoption of the new plan, so the legislature provided that the people of a township may vote to continue working out their road tax at the rate of twenty cents an hour for a man, or forty cents an hour for a man and team. The county, too, may reject the "good roads law" by a majority vote.

QUESTIONS.

AN OLD INSTITUTION. How long have townships been in existence? What is said as to its importance in New England? CONGRESSIONAL AND CIVIL TOWNSHIPS. Tell what you can of the government survey. How many sections in a township? How are they numbered? From how many principal meridians are different portions of South Dakota surveyed? What is a civil township?

ORGANIZATION OF A TOWNSHIP. What area must be included? How many voters? How is a civil township organized? ANNUAL TOWN MEETING. What was the ancient custom in northern Europe? What in Switzerland and Russia now? the town meeting held? How called to order? officer called? What is done?

When is What is the presiding

BOARD OF SUPERVISORS.

board?

TOWNSHIP CLERK. His duties?

TOWNSHIP TREASURER. His duties?

TOWNSHIP ASSESSOR. His duties?

JUSTICES OF THE PEACE. Number? Term? What crimes may be tried before a justice of the peace? What civil cases? CONSTABLES. Number? Term? Duties?

VACANCIES. Explain how vacancies in township offices are filled.

GOOD ROADS LAW.

OLD PLAN. Describe the old plan for repairing the roads. Why was it not successful?

NEW PLAN. Who has charge of repairing the roads in a township? What two kinds of road taxes are there?

the road poll tax?

Who must pay

NEW PLAN OPTIONAL. How may the new plan be rejected in

any township or county?

CHAPTER XIII

THE TOWN

Township, Town, Village. As we have seen, a civil township comprises the people occupying one or more congressional townships. A village is a collection of houses and inhabitants in a small area. The people of a village may desire to organize as a separate government from the township because they may wish fire and police protection, street lights, waterworks, sewerage, sidewalks, etc. The people of the entire township naturally do not want to be taxed to furnish these things to the village. Steps may then be taken to organize as a town with a government separate from the township. Such an organized town is said to be incorporated. We usually speak of a county or township as being "organized," but of a town or city as being "incorporated." In the way the words are usually used in South Dakota law, a village is simply a thickly settled portion of a township (or, if the township is not organized, of a county). A town is an incorporated village.

Incorporation of a Town. Before 1905 the law did not provide what the population must be in order to incorporate. The census of that year showed fifteen incorporated towns having a population of less than one hundred, one of them having only five people, counting men, women, and children. The law of that year provided that no new town should be incorporated until a careful census had been taken of the population, which must equal a certain number. In 1909 the legislature provided

that there must be at least one hundred people in order to incorporate, thirty of whom must be voters.

A survey is made of the area to be included, and a map is drawn showing its boundaries. A census is taken of the population, and the names of the heads of families and number of persons in each family are listed. A petition signed by at least one-third of the voters in the area is presented, with the map and census list, to the county commissioners. The name desired for the town is given in the petition, and it must be different from that of any incorporated town in the state.

The county commissioners then call an election in the town to vote whether the town shall be incorporated or not. Three inspectors are elected at nine o'clock in the morning of the appointed day, and they conduct the election. If the vote is favorable the county commissioners declare the town to be incorporated and settle and adjust all claims and accounts between the township and the town.

The inspectors divide the town into not less than three nor more than seven districts, and call an election to elect the officers for the town. The regular elections are held on the third Tuesday of April (law of 1909).

Town Trustees. One trustee is elected from each district mentioned in the preceding paragraph. The board of trustees elects from its members a president and has many powers similar to a township board of supervisors, acting as a board of health and board of equalization and assessment, caring for town property, etc. A few additional powers are given to the board of trustees, such as providing for a fire department, for sidewalks, etc. The board of trustees appoints a marshal (corresponding to township constable) and a road overseer

Other Elective Officers. There are elected each year a clerk, assessor, treasurer, and justice of the peace. If

desired, a town may have two justices of the peace. The duties of these officers are very similar to the duties of corresponding officers of the township. Thus the town clerk is clerk of the board of trustees, posts notices of election, and draws warrants for the payment of money by the town treasurer.

QUESTIONS.

TOWNSHIP, TOWN, VILLAGE. What is a village? Why do the people in a village usually desire a government separate from that of the township? What is a town?

INCORPORATION OF A TOWN. How large a population is necessary to incorporate a town? How many voters? Explain the four steps necessary to incorporate-survey, census, petition, election. TOWN TRUSTEES. How many? Duties and powers? The president of the board of trustees is often called the mayor, though this is the corresponding officer of a city. What are the duties of the town marshal? Of the road overseer?

OTHER ELECTIVE OFFICERS. Write in parallel columns the officers

town.

Name the other town officers. of the county, township, and