Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1846-04-02
To the Tax-Paying Community in Vermont


gam Of the old Vermont State bank AS it is. the
books OF that institution thrown into corner
OF private garrett, buried IN the dust and darkness
Of the past generation the ultimate loss to the State
can never be ascertaned. All the branches toreth.
er were restricted to a circulation, at no one time
exceeding $4,000 900, here was ample space and
verge for banking large scale, and had the
scheme succeeded, no doubt it would have been
continued. Ii is known that the State sustained
loss of 800, 900 at one branch. which sum If left
in the hands Of the tax.pnying community, at the
annual increase Of per cent, would at this time
have exceeded 100000. But il is possible than
ii, l-3, or even greater proportion, of the au-
thorzed or actual deposits Of that bank, was lost
to the State. aud in such case. the pecuniary con.
dition, of the tax-paying community, would be in
Iurousy affected, IN sums TO be numbered by mil
lions. Private corporations have lost their whole
capital invested, aud they are quite as likely to
manage their interest with prudence, as the agents
Of the Government In private corporation the
loss or gain will be known, in the case Of a State
bank. those who may have mismanaged its con-
Germs have an interest to conceal the result The
same laKiiy OF the law Is observable in the case Of
States Attorney. Good bonds were required. but
the law secured supervision, and hence il oc.
Cured, that those bonds were seldom taken from
the Clerks office, after their first deposit among
his files. The law became in fact dead letter
because the law had established no efficient super
vision. Ia 1913 the Auditor, in pursuance of
resolution of the Legislature looked up and put in
a tram OF collection more than $50 900 in State
claims, large portion of which, it was the duty of
officers under bonds to have collected, and vet the
investigation extended back 10 only abon, five wears
The duty Of officers was clearly pon,ed out by law,
good bonds were taken. aud here the law was,
virtually, len 10 execute itself The system re.
sembled a well made cask, wanting only bottom
it would hold nothing. The same objections could
be made 10 the bonds taken Of County Clerks,
military Quarter masters, Sergean.-at-arms, &c,
the bonds and sureties were unobectionable, but
there was no adequate power to call those respec-
tive officers to account, and the funds the people
might be squandered TO indefinite amount, and
still those bonds avail nothing. Indeed so reckless
had become those, whose duty it was to take bonds
Of officers, nIusted with the funds of the Govern
ment, that on examination Of the Treasurer's Of
fee the legal depository OF those bonds in 1872 not
one in three, required by law to be deposited there
could be found
Another serious mschefin the law was, that il
conferred power on several different and distinct
boards, to allow in their discretion for many SER
vices, for whose compensation no specific provision
was made IN the fee-blll. As a matter of neces-
sity, this gave occasion TO great inequality Of allow
nnce, for the same kind or amount of SERVICE
The act Of October 21ih, l79S after prescribing
the compensation for every defined service 10 that
Statute, concludes in these words viz, and for
any other duty or service done OF performed such
sum- as shall be in proportion to the fees specially
provided by this or any other act" In that part
Of the act relating the fees of Clerks it is prosi
ded, that they shall receive such sums, as shall be
flowed by the Courts, and il is supposed that the
Courts, interpreting the whole act together would
regard the provisions Of the ID Section and appor-
ton the allowance, so to be in conformity 10
the law Still this discretionary power of allow.
ing accounts, by many dferen; bonds, has been an
occasion Of great diversity of practice and serious
waste Of the public funds The Statute evidently
was framed secure allowances in all cases pro-
Portioned TO the fees established by law Such is
the phraseology Of the r. $. and similar provi-
sion has been retained in all the acts on the subject
since IDS, and still il is impossible to reconcile
the allowance of such claims with the Statute
Scarcely would the practice have been more variant
had there been no law on the subject BY the law
of 1897, States Attorneys and Clerks were requir-
ed 10 exhibit their accounts for allowance "at each
stated session of the Legislature regularly allowed
and signed by one of the Judges of the s. Court"
and il was provided, that no money should be paid
out OF the Treasury. on the said accounts, until
they should be examined and allowed by the Legis-
lature. This law remained in force only years
before the practice became variant as TO arrest
the notice Of the Legislature and still the three
Judges OF the s. Court were the oaiy persons au-
thorized TO allow aud sign those accounts The
law 10 remedy this evil in regard TO Clerks ac-
counts, commences with "whereas there is want
of uniformity in the several accounts, made out
aud exhibited to the General Assembly BY the
Clerks Of the s. Court-or quorum of them, be
and they were thereby authorized and empowered.
SC, 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. IL may be remarked that 10 secure the
desired uniformity, the settlement of these accounts
was committed to one board In 1904 the same
disposition was made in regard to States Attorney S
account. The law Of 1921, reenacting the fee
bill, gave the settlement of these accounts TO the
Judges ofthe Supreme and County Courts, and
from that time to 1912 the law authorized more
than thirty individuals to allow those accounts, and
# in lsOl, when only the three Judges of the S.
Court were clothed with jurisdiction in this matter
the Legislature had occasion TO complain Of the
want OF uniformity in allowing those accounts the
evil would be proponionably magnifed by the law
OF 1921. The phraseoogy of this act, is ''sueh
sum as shall be Allowedby the Court" Under this
act an account allowed by single Judge becomes
an allowance by the Court and so that practice
has been, aud as OF course very great want OF
uniformity has obtained in many cases extending
TO 400 or 500 per cent and still the accounts were
duly certified as allowed according to law This
resulted rom cause which must ofnecessity have
produced dscrepance of practice The conslruc.
ton of the law, and the compensation resting in
discretion, were committed 70 several tribunals,
from whose decision there was no appeal.
Another defect in the law was, that in som ~ Sc.
il united the allowing and paying department in
the same person; thus the law, Revised Statute.
\ Al. Hal. l.. =.