The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1846-04-23

:. on all claims for incidental expenses 0
1 courts, with the exception Of jurors ant
Witnesses debenlures. Had a law been
proposed to give to IA different tribunals,
the power TO settle ali %jlilor's accounts FOL
boarding and supporting States prisoners,
and State paupers in the State, ins!ead OIL
continuing the law, which gave jurisdic-
ton TO one board 10 all these cases, there
would have been little fear. that such a
law could have passed, and yet this import
ant innovation has been accomplished by
nine short words added to the Sd section of
Of that act.
Had a law been proposed 10 the Legis-
lutre TO allow all clerks Of courts to pre-
sent their accounts to any one Judge or
chancellor in the State, and tina. they
might appoint "any other person 10 settle
those accounts and that any judge or
chancellor might Immediately draw an or
der for the sum, which such "any other
person. should allow, without the possi>
biIity Of any supervision or correction of
errors, such a law would moi have been
passed; still the law 1845 has accom-.
pIished all this.
The 9th Sec. of.he act Of l845 provides
for drawing from the Treasury, bv a clerk
Gas much as he finds necessary" to pay
jurors, &C., but it does not require the
clerk to pay 10 money, whereas the section
of the act repealed required the paymen.
TO be made in money. Suppose the clerk
10 have drawn a less sum than required;
could he not supply the deficiency by draw
ing orders on The Safe Treasury and it
so, could he not advance cash upon such
orders? We think so, and believe that the
last clause in the 9th section was inserted
to meet lust such a case. 1t is in the fol-
lowing words, viz; !and if any balance is
due the clerk thereon, the treasurer shall
Immediately pay the same" This is con-
irmed by the last clause Of Sec. 5th-''ta>
king their receipt for the same,'-lhat Isl
the receipts of the jurors aud Witnesses
This receipt may be endorsed on'he backof
the State order,as well as N any other form.
Ilthis practice may be resorted TO for pay
ing a norton of those claims, it may also
for all, and thus the whole system OF cash
payments will give place to a food OF
court orders, with all the evils existing in
our finances, before 1912, including the
practice of shaving those orders by sharp
ers as heretofore. If our construction Of
the 9Th amp 9h section of the act be cor
rect;-it he inconclusive, indefiniIe phra-
scology oflhese sections will admit otSuch
a practice, we say, that any clerk, in funds
may draw orders for all The expenses OF the
courts, and charge 81 cents for each or.
der, and if by possibility he be disposed to
make money, he may advance upon those
orders, at such discount as he Shall think
right and the parties shall agree, and IN
The mean time the treasurer must be call.
ed on by the clerk within ten days, and
'the Treasurer shall Immediately pay the
same"
We think the act open 10 just such a
construction and will admit ofjust such a
practice. 1t is scarcely necessary 10 re-
mark thai in the matter OF discussing the
public funds, whatsver the lao permits, IL
rirluaLu commands, If it will admit of
paving a claim 10 an order on the treasur-
er, when the clerk IS DOT OF funds, that
occasion may occur unnecessarily and by
design, and the passage OF this law be but
an entering wedge to substitute court or
ders for all the contingent expenses OF our
courts.
Should it be said, that the lllh section
of the act of lS45 prIvides that "the Clerk
shall transmit to the auditor of accounts
correct copies Of the deben:ures Of jurors
and witnesses and of all the accounts, up
on which orders have been drawn" SC.
and that this will enable the auditor "to
correct any deviations from the rules"
&c.; it IL 10 be remarked that the items
Of these accounts are not required 10 be
furnished, and they certainly would never
, be- furnished, where the law did not res
j, quire them, and indeed, under. the act Of
1912. they were not always furnished
f without a second call upon the clerk. I'm
/, der the act of 1916, the practice has CON