Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1846-03-27

were required to exhibit their accounts for
allowance cat 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 out
of the Treasuary, on the said accounts, until
they should be examined and allowed by the
Legislature. This law remained in force
only 4 years before the practice became so
lature, and still the three Judges of the s.
Court were the only persons authorized TO
allow and sign those accounts. The law to
remedy this evil, in regard TO Clerks ac-
counts, commences with "whereas there is
want of uniformity in tho several accounts,
made out and exhibited to the General AS
sembly, by the Clerks of the s. Court, &C.,
therefore it was enacted that the "Judges Of
the Supreme Conrt-or quorum OF them,
be and they were thereby authorized and en-
powered, &c, 10 examine, audit and adjust
those accounts and draw orders on the Treas
urer Of the State for the amount thereof. -
This act was passed Nov. 1901.
Ii may be remarked, that 10 secure the
desired uniformity the settlement, of these
accounts was committed to one board. In
1894 the same disposition was made in re-
gard to States Attorneys accounts. The
law Of 1921, re.enacting the fee bill, gave
the settlement of these accounts to the Judg-
es of the Supreme and County Courts, and
from that time TO 1912, the law remained es-
scnially the same. That law authorized
more than thirty individuals to allow those
accounts, and if in 1901, when only three
Judges of the Supreme Court were clothed
with jurisdiction in this matter, the Legisla-
ture had occasion 10 complain of the want of
uniformity in allowing those accounts, the
the law of 1921. The phraseology OF this
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, and
Of course a very great want Of uniformity has
obtained, in many cases extending TO 400 or
500 per cent. aud still the accounts were du-
ly certified as allowed according TO law
/ This resulted from a cause, which must OF
necessity have produced discrepance Of prac-
tice. The construction Of the law, and the
compensation resting in discretion, were
committed to several tribunals, from whose
decision there was no appeal.
Another defect in the law was, that 10
some cases il united the allowing and paying
department III TIE same pc'sun, tuus uie law
Revised Statutes. Chapter l'h, Section 56lh,
made ii the duty of the Treasurer to settle
States Attorneys accounts, sand finally to
adjust and close the same" The law was
also too complicated to secure correct &C.
counting. 1t made this result depend on the
concurrent acts of several different officers
either Of which failing,a correct account coulc
no, be kept Thus Clerks of Court were
required to make returns TO the Clerk of the
General Assembly of all State causes, enter.
ed on the dockets, &C., and before the revis
ion 10 1899, the Clerk of the General AS
sembly was required to transmit the orgina
returns, after he had entered them on ,ht
journals of the House. to the Treasurer o
the State. All tins was done to enable thu
Treasurer to charge States Attorneys in &C
count. By the act of 1889 the Clerk of TIT
General Assembly is not required to TRANSMIT
these returns to the Treasurer. By Section
10Th, Chapter 8,h,- Revised Statutes, it wa
the dot, of the Treasurer TO commence suit
, aaains, "a States Attorney who had been
delinquent, within 30 days after the close o
each stated session of the Legislature, and
he neglected so to do. she should be account
! able for such delinquency in the same man
, ner, as if the sum SD in arrear had been pail
, into the Treasury whom due" Suppose
: County Clerk had omitted to make his re
turns TO the Clerk of the General Assembl
+ of certain bond collected by States At
torney, and the Attorney had omitted to rem
der his account TO the Treasurer, and tn
!, Treasurer had omitted 10 commence suit Of
4 the bond of the Attorney, by the letter Of tn
, law, the Treasurer had become "answerabl
, for such delinquency" How is that delin
quency to be ascertainedl And if ascer
: tanned. who is TO compel the Treasurer TO pa
D that amount, The inquiry need not be pur
: sued; the law was utterly insufficient to Sc
: cure the interest of the State. In our mex
0 We design to comment on the act Of 1912 a
!. remedy for the mschiefs Of tho old law.
e DAVID PIERCE.