The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1846-03-19
J. HOLCOMB, Editor & Publisher


discretion, for many services, for who's
compensation no specific provision wa
made in the fee-bil. AS matter Of ne
cessity, this gave occasion to great inc
quality OF allowance, for the same kind Of
amount of service. The act of October
9th, 1898, after prescribing the compen
salion for every defined service, in tina
Statute, concludes in these words viz, "anc
for any other duty or service done or per-
formed, such sum, as shall be in prop0r-
ton TO The fees, specially provided by this
or any other act" ln that part of the act
relating to the fees of Clerks, it is provide
ed that they shall receive such sums, as
shall be allowed by the Courts, and it is
supposed, that The Courts, interpreting the
whole act together, would regard the pro-
visions of the second Section and appor-
ton the allowance, so as 10 be in conform
ity 10 The law. SulI this discretionary
power ofalIowing accounts, by many diff
ferent boards, has been an occasion of
great diversity OF practice, and serious
waste of the public funds. The Statute
evidently was framed to secure allowances
in all cases, proporlioned to the fees estab>
lished by law. Such is the phraseology
OF the r. S, and similar provision has
been retained in all the acts on the subject
since 1898, and still it is impo ssiole 10
reconcile the allowance of such claims
with the Statute. Scarce y would the
practice have been more variant, had there
been no law on the subject. By he law
ofl797, States Attorneys and Clerks were
required to exhibit their accounts for allow
once "at each stated session of the Leg
islature, regularly allowed and signed by
one of The Judges of the S. Court and it
was provided. that no money should be
paid GU, of the Treasury, on the said ac-
counts, until they should be examined &
allowed by the Legislature. This law
remained in force only 4years before the
practice became so variant,as TO arrest the
notice Of the Legislature, and still the
three Judges Of the S. Court were the ons
IN persons authorized TO allow and sign
those accounts. The law TO remedy this
evil, in regard to Clerks accounts, CON-
men,es with "whereas there isa want
of uniformity in the several accounts, made
out and exhibited 10 the General Assem-
bly,, by he Clerks of the S. Court, &C.,
therefore it was enacted that the Judg-
es of the Supreme Court-or a
quorum of them, be and they were there's
by authorized and empowered, &c, to
examine, audit and adjust those accounts,
and draw orders on the Treasurer of the
State for The amount thereof" This act
was passed Nov. 1901.
1t may be remarked, that 10 secure he de-
sired uniformity the settlement Of these &C,
counts was committed to one board. In
1904 the same disposition was made IN re-
card TO States Attorneys accounts. The
law of 1921, enacting the fee bill, gave
the settlement Of these accounts TO the Judg-
es CT the Supreme and County Courts, and
from that time to 1912, the law remained es-
sentiaIy the same. That law authorized
more til an thirty individuals 10 allow those
accounts, and ifin 1901, when only three
Judges of the Supreme Court were clothed
with jurisdiction in this matter, the Legis'
lalure had occasion TO complain Of the want
Of uniformity in allowing those accounts, the
evil would be proportionabIy lnasnlfed BY
the law Of 1921. The phraseology of thi.
act, is "such sum as shall be allowed by The
Court" Under this act an account allowed
by single Judge became an allowance by
, the Court, and so the practice has been, ant
o. course a very great want OF uniformity has
obtained, in many cases extending to 400 o
500 per cent. and still the accounts were dn
" certified as allowed according TO law
This resulted from a cause, which must
necessity have produced discrepance OF prac
lice. The construction Of the law, and th
compensation resting in discretion, wer
committed to several tribunals, from who's
decision there was 90 appeal
Another defect in the law was, that Il
some cases it united the allowing and pay
ing department in the same person thu
the law, Revised Statutes, Chapter lltF
Section 56th, made il the duty OF The Urea
surer 10 settle States Attorneys accounts
'and finally 10 adjust and close the same
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