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Civil Government in the United States Considered with - Some Reference to Its Origins by John Fiske
page 73 of 467 (15%)
iv.; also his _Samuel Adams_, in "American Statesmen" series; Boston,
1885.]

[Sidenote: By-laws.]
The town-meeting is to a very limited extent a legislative body; it can
make sundry regulations for the management of its local affairs. Such
regulations are known by a very ancient name, "by-laws." _By_ is an Old
Norse word meaning "town," and it appears in the names of such towns as
_Derby_ and _Whitby_ in the part of England overrun by the Danes in the
ninth and tenth centuries. By-laws are town laws[4].

[Footnote 4: In modern usage the roles and regulations of clubs, learned
societies, and other associations, are also called by-laws.]

[Sidenote: Power and responsibility.]
In the selectmen and various special officers the town has an
executive department; and here let us observe that, while these
officials are kept strictly accountable to the people, they are
entrusted with very considerable authority. Things are not so arranged
that an officer can plead that he has failed in his duty from lack of
power. There is ample power, joined with complete responsibility. This
is especially to be noticed in the case of the selectmen. They must
often be called upon to exercise a wide discretion in what they do,
yet this excites no serious popular distrust or jealousy. The annual
election affords an easy means of dropping an unsatisfactory officer.
But in practice nothing has been more common than for the same persons
to be reelected as selectmen or constables or town-clerks for year
after year, as long as they are able or willing to serve. The notion
that there is anything peculiarly American or democratic in what
is known as "rotation in office" is therefore not sustained by the
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