Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1846-10-29
VOL. XII. NO. 50.--WHCLE NO. 2Os9.


judges of Supreme Court; called up by Mr. Bill
and passed.
Mr. Chase called up the bill to nav James Morse
Sl0S IA, and it was supported by Messrs Mcioud
and Jones of c. and ordered to a 3D. reading.
Mr. Fairbanks called up the bill relating 10 rail-
roads, and supported the bill, remarkng that after
examining the bill he was satisfied it did not in
fringe upon the rights Of turnpike companies as il
provided Tor the payment of damages to such COM
panies.
Mr. Miner thought that the only question which
could arise would be whether the State could af-
feet the franchise Of a turnpike or bridge company
by authorizing railroad company to enter upon
such turnpike this question of power he would
leave for the courts.
MIR Walker moved to strike out the 9Th section,
on the ground that it does give the authority allu-
ded TO by the gentleman from Manchester. Mr.
Russell OF b. was in favor of striking out all rela-
ting to private corporations-he would not have the
Legislature Interfere with vested rights let the
corporations in interest settle the questions which
may arise among themselves
Mr. Miner said that if railroads are to be sub
ljected to the exactions of turnpkes without reme-
dy, it would be end of most of our railroad pro-
ects; aud on his motion the bill again laid on
the table.
The Governor notified the House that Lyndon
A. Marsh of Woodstock declines the office Of Jail
commissioner.
The petition o. James NJ. Slade and others was
referred to the committee of Ways and Means.
Engrossed Bills. Senate bill, relating to the
collection Of taxes; amended motion of Mr.
Brown, so as to require selectmen to appoint
competent person to collect taxes where there is
no proper officer for the purpose, and passed.
Taxing the County of Washington passed. An
4 nexing part Of Waitsied to Mortified; passed.
Bills from The Senate. In addition to the acts
relating to common schools; referred to the com-
mittee on Education. In addition to chap. III II.
s.. referred to Judiciary committee To amend
act extending charter OF Bank Of Middlebury; re-
lerred to committee on Banks.
Adjourned.
FsIDAY, October 49,
SENATE.
Prayer by the Chaplain.
Report. BY Mr. Fox, from committee on Educa-
ton, against bill in amendment of chap. 16 r. S.
so that one half instead of one fourth of town
school taxes shall be equally divided among the
school districts; bill laid on the table.
Bill introduced. By Mr. Howe, SO altering chap.
30 r. S. that if the amount of damages recovered
Iby the plaintiff in trustee process shall not
coed flee dollars, the effects in hands Of trus-
tee shall not exceed the same sum, the trustee shall
be discharged and recover costs referred to Ju-
dietary committee.
Mr. Chittenden called up the engrossed bill to
improve the management of the State finances,
providing for the appointment, by the Supreme
Court Of a county auditor to audit the accounts of
the States attorney, clerk, and sheriff. and defining
4 their duties.
, yesterday, making the County instead of the Su-
preme Court the appointing power, Mr. Villas moved
that the bill with the amendment be indefinitely
, postponed; opposed by Mr. Hodges, and the motion
was withdrawn.
Mr. Miner withdrew the amendment, and pro-
posed another so to make the County Court the
appointing and the Supreme Court the removing
power.
Mr. Smith expressed himself strongly in favor of
the bill. An evil existed that called loudly for
1 Al, I
force conviction upon any mind not steeled against
the truth. In case, u sheriff had charged for
go miles travel IN serving grand jury ustireS when
the returns showed only BOB miles He charged
455 miles travel in serving petty jury renreS when
the returns showed but 296. There repeated
: instances in the same county where the officers
fees for travel in serving the uenire was nearly
equal to the whole travel fee of the jury summon
ed. This however was under the law of 1874,
which has since been changed so as to remedy this
; abuse. In another county, the States attorney,
within the last year, had been allowed an attorney
fee of five dollars for every State the dock
ct, whether tired not, the law, in the latter case,
81 allowing but term fee two dollars In another
county, the States attorney had kept causes on the
docket, term after term when there was no bail or
arrest. In one term he was allowed 30 term fees,
and in another % term fees without an attorney
fee. As a sample of the charges of county clerks,
he could give case where S5l 90 had been allow
- ed by the Chief Justice of the County Court, "as
being charged according to the former usage in
this county, $50 expressed in the allowance,l when
the legal charges amounted to only $40 07. For
many of the items charged there was not the slight
est authority in law, in fact, and the re-
mainder, though founded on services for which the
= law allowed, were most grossly and Illegally in
creased in amount, in some cases being doubled,
in others even quadrupled. And this was no worse
than other bills from the quarter: in fact, he
believed not so gross. But he did not have them
with him, and therefore would not particularly
mark upon them. In court of inquiry before
! Justice, the whole cost allowed was S4S AZ. OF
this the officer allowed for mere services, 500
10, besides the payment OF his expenses and SO
20 paid keepers. In another case, the sheriff
! had been allowed by the County Court, for pursu-
ing a criminal, who was not apprehended, his whole
bill, including his time, which was directly contra
ry to all law and usage. In another case the Court
allowed the sheriff the expenses of apprehendng
prisoners who had broken jail, to the amount of
1911 SO, besides the sheritf's time rated at S2l,
when the county the sheriff should have borne
the whole expense. In another case, an assistant
Judge had been allowed 81 per case 1920 at one
time) for taking bail of prisoners committed for
want of bail. The clerk had been allowed for of
fee rent the sheriff for hiring grand jury rooms,
the county court having provided accommodations.
A States attorney had been allowed for his servi4
ces in before justice $40, when he could
tax on the trial before the County court at the most
, but Il travel and term fee of 81. Mr. Smith re-
marked that these statements were made in confor-
r nifty to facts which had been furnished him, and
that they all accorded with the ultimate decision of
r the State Auditor, This state of things he was
convinced, would be effectually remedied by the
provisions of the present bill And it would be
done without sublecting the State to greater ex-
pense. 1t would merely be transfer of duties
now performed and paid for, to more suitable otii-
GERS specially appointed for the purpose. The
emolument arising from the office would scarcely
exceed five dollars; consequently there would be
no inducement to competition He rather appre-
hended that the difficulty would consist IN finding
men, who would faithfully discharge the duties Of
the Office, for the compensation now prescribed by
. law lie could not support the amendment. 1t was