Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1846-04-30
To the TaX-Paying Community in Vermont
No VII

is manifested, by insertion of few comparatively un-
important words, the effect of which will be to subvert
the law, and usages under il, which have continued
for than 40 years. AS instance of the first,
we refer 10 Sec Sd of that act, which provides that
the Judges Of the several shall audit and al
low the accounts Of the Sheriff. States Attorney and
Clerk" and that the " county courts audit and allow
the accounts arising ont of nquess Of the dead and
criminal Offences" These provisions are but the
enactmens Of laws already in force, will be seen by
reference to Sec 10th, Chap. saith r. s. Also 9th
and 7th Sections of Chap. 1906, and d and l7th Sec.
tons Of the same Statute The practice, since the
passage Of the of s42, has been in virtue Of pow
derived from these acts for the courts TO audit and
allow those accounts. The object in these quasi-re
enacments doubtless was TO secure TO the Clerks the
power substitute court orders for cash payments
As instance of the repeating Of laws already re-
peaed we cite the the 9th, 9th and 7h divisions Of
Section esd Of Chap. 18th Of r. s.. all ofwhch were
formerly repealed By the act of Nov 12th, 1912 As
instance Of art aud tact in framing the BILL refer
the last nine words in the Sd Sec. othat act, which
follows: including the maintenance OF States
prisoners and States paupers". These last nine
words eilectually subver the whole law the subject
ul the allowance of accounts for the maintenance Of
States paupcrs which has stood on Statute book
since 1891. These words are appended TO the Sd sec
ton which purports give, as new grant, TO the
courts, power which they already had The former
part Of the section, which madeito form kind of
hrcas-work vanguard, under whose tina;
provision piloted into being. II this provision is
permitted TO remain, il will introduce dscTepan modes
items Of CHARGE together with specified fee for every
order drawn whereas by the law hitherto in force
Tor more than 40 years, nothing has been paid for
drawing such orders, and all practice under the law
has been uniform We presume that the trainers Of
the act of 1916 considered its Details and adapted
them TO secure the objects they had in view land
principal object doubtless secure the pecunary
interests of the clerks and that interest advanced
in the passage under consideration
An instance OF the loose and indefinite character OF
the act will be seen in the following clause in Sec 10,
which provides, that if clerk shall neglect 10 pay
money, &c, the States Attorney shall be notified
by the proper officer. Who is this proper officer, the
treasurer, or auditor, or neither Why is this left in
definite Why is the law left thus vague, when a
clerk is 10 be called TO account iii were design
ed that the treasurer should notify the States Attorn-
ey to commence prosecution clerks official bond
why not say so The same may be said OF the audit
or any other proper officer. No one would wish 10
commence such proceedings against clerk unless the
law fastened that duty upon him. II permits officer
10 say, that he is not the proper officer and that the
duty belongs TO else, while the delinquent
will escape between both.
BY the act ofl521 clerks were TO receive for enter
ing each judgment in the Supreme court, rs cts in
Guiding recording the same and in the County Court
for entering each judgment on trial, including record
ing the same, 40 cts. In the Revised Statutes, the
fees the same but the words, including recording
the same,' omitted. This has given occasion TO the
clerks TO charge for recording judgments and sums
varying from so cts. TO $500 and perhaps more, have
been charged for that service, all which would have
cording the same.' This is introduced here TO show
the Importance ofeven few words,in the construction
and effect of a statute. The question arises, this
innovation in the fee bill in favor oceTks, the effect of
accident or design Doubtless the latter, for we are
not to suppose that the committee Of revision, three Of
whom had been clerks Of courts, did not I'M
derstand the operation of such omission as incud
ing recording the same.' So in the act of 1916 We
think quite apparent, that the purpose TO legs
late for the benefit OF particular class of officers and
It reasonable TO believe that policy would induce the
trainers of that bill 10 make little display of that pur
pose practicable. Had bill been proposed 10 the
legislature substitute orders for cash payments
all contingent expenses OF courts, there would have
been little fear of passing such law. Still the same
thing is effected by management and indlrecon on all
claims for incidental expenses oil courts, with the eX-
ceptlon of Jurors and witnesses debentures Had
law been proposed to give TO II different tribunals the
power to settle all ailors accounts for boarding and
supporting States prisoners, and State paupeTs in the
State, instead OF continuing the law which gave juris-
dicon TO one board in all these cases, there would
have been little fear that such law could have pass
ed and yet this important innovation has been accom-
pshed by nine short words added TO the Sd section oil
that act.
Had law been proposed TO the Legislature to allow
all clerks ofcours TO present their accounts to any one
Judge chancellor in the State, and that they might
appoint any other person TO settle those accounts
and that any Judge or chancellor might Immediately
draw an order for the sum which such any otheI
person. should allow, without the possibility Of any
supervision or correction OF errors such law would no
pished all this.
The sth Sec. of the act of ls45 has accomplished
all this.
The 9Th Sec of the act of ls45 provides for draw
ing from the Treasury, by clerk as much as hi
finds necessary, pay jurors, &c, but it does not re-
que the clerk TO pay in money! whereas the secion
the act repealed required the payment to be made II
money. Suppose the clerk to have drawn a less sun
than required could he not supply the deficiency By
drawing orders the State Treasury and II so
could he not advance cash upon such orders w,
think So and believe thst the last clause in the 81
section inserted to meet Just such case IL Is II
the following words, viz and if any balance is du
the clerk thereon, the treasurer shall Immediately pa
the same This is confirmed by the last clause Of Sec
5th-' taking their receipt for the same, that is, III
receipts of the jurors and Witnesses ms receipt ma
be endorsed on the back of the State Order as well
in any other form. If this practice may be resoted Z
for paving portion OF those claims il may also for all
and thus the whole system OF cash paymen wal CIV
place to food of court orders, with oil the evils exist
ing in our finances before 1912, including the pracc
ofshavng those orders by sharpers as heretofore.
our construction of the sth and 9th section Of the ac
be correct, the inconclusiye indefinite phaseolo
gy Of these sections will admit OF such practice, W
saw that any clerk in funds may draw orders Tor a
the expenses OF the courts. and charge 81 cents 10
each ORDER and fby possibility he be disposed to max
money! he may advance upon those ORDERS at such d'
count as he shall think right and the parties shall agree
and in the mean time the treasurer must be called
by the clerk within ten days. and the treasurer sha
Immediately pay the same.'
We think The act open to Just such constructio
and will admit of Just such practice. IL is searcel
necessary to remark that in the matter OF oiSontsn
the public funds tohaeper the lao permits, IL Dirta
~ commands. II il will admit of paying a claim IN a
order on the treasurer when the clerk Is out OF fund
that occasion may occur unnecessarily and by desgI
and the passage of this law be bot an entering wedg
to substitute court orders for all the contingent expe
Bes Of our courts.
Should il be said, that the lth section OF the act
1915 provides that the Clerk shall transmit TO u
q III Tho IfaE.a nj an Faa