Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1846-04-23
TO THE TAX-PAYING COMMUNITY in
VERMONT.
MO vi


Early in April 1916, all cases oil State claims,
existing in the fiscal year next preceding, were
charged to the respective State debtors and IN all
cases where a citizen became delinquent, by not
presenting his account for settlement, or not pay
ing or depositing to the credit of the Treasurer,
moneys collected for the benefit of the State, the
States Attorney Of the proper county was no,lhed
of the claim and evidence necessary TO sustain II
was furnished. 1t was the lneXoTa0le energy OF
the law of 1872 that conducted 10 this RESULT
The law rcanred nothing less than this of the Au
dtor That officer had sworn to execute the law,
and it was done. Those claims were then lett IN
the hands of the States Attorneys for collection
The character Of those claims will be understood
by reverng to our last number. 1t was but rea-
sonable TO expect, that the energy OF mat law
would not be exhausted until every such claim
should have been collected and deposited IN the
State Treasury Was this vain expectation p
The result will show. These claims had been
prosecuted to "ne Mus ultra" so far as the Audi
tor was concerned and there the power of law has
been arrested, and the law sustaining the States
rights has been repealed.
The result has shown that there is power in
the State class of officers stronger than the law,
power to surpass remove the barriers nterpos-
ing between them and the treasures OF the people.
This class of officers found themselves hemtned in |
by the meshes OF the law, and took counsel togeth-
er, saying d" let US break their bands asunder and
cast away their cords from us" This they did, and,
like Sampson in the city of GAIA, they have Carl
ed away 1.-THE doors of the gae,---bor and all"
We expect to show that they have opened sub
terTanean passage under the treasury, Tor future
use, as occasion may require. That this is sub
st0ntally true, will be shown by an examination
Of the act Of 1916, which virtually framed by
Clerks, and that their interests were not forgotten
in that bill, WILL think, fully appear The de-
hnquent Clerks, on being called upon by the States
Attorney to refund the money into their hands, be
longing to the State, began 10 concentrate their OPP
erations TO be relieved of law, whose energies, |
while il timed world nuuuallv comDpl them 10
account for all public funds.
The law Of 1912 must be repealed, and to pre-
pare the way for the restoration OF the old law,
with its accommodating provisions, which suffered
every man to do what was right in his own cS se, /"
the Auditor to be hastily disposed of, for "dcad
men tell no tales 1t is important to the tax.pny-
ing community, to know the method, by which tie
State debtors convert the public funds TO their
own use, and yet escape without accounting. This
they should know, that they may be able, If they
can, to maintain their rights and if not, to surren
der then Mt discretion. Soon after the delinquent
Clerks had been called upon by the States Attol-
neys to settle for their delinqucncies, one of the
number addressed A. Spnlding ESQ.,, of Mon,pe
her, and inquired; If he knew any man, in that
place. who would do for Auditor? He an
swered in the affirmative, but said Mr.. S., they |
are of our party and not Wings. The reply was,
that that circumstance would be no objection, but
urged the necessity OF change OF men and meas
ures. Other circumstances could be named indi- |
executor but this is not otherwise important than as
Showing an avowed purpose to accomplish OBJ
Ject-tfe effect Of which was 10 secure mpuniy
while retaining public funds in their hauds, with
out the necessity Of accounting. After the Legis-
lature had convened, in pier last, an influence
adverse to the law of lS( was soon APPARENT
On the second day of the session q resolution was
introduced 10 90 into joint assembly on the next
day for choice of an Auditor and that officer was
elected the 3D. day of the sessions whereas, Tor %
years before, that officer never elected till the
second and oftener not till the third week of the
session. 1t seems necessary 10 remark, that it is
not known, that the Auditor had been charged
with want of courtesy, or tathfuIness in the dis
CHARGE Of the duties of his responsible Office. But
all appointments must be removed, and tliat part OF
the law of 1912, which designed 10 secure
nothing but Just and fair accounting for all pub
he funds, must be repealed. The reason was this
the law could not be faithfully executed without
compenr every officer and citizen of the State TO
dlsgorge all public funds in his hands, which by
law lie was not permitted to retain and as that
law lad been devised and reported to the Leglsla- |
ture, by the Auditor, in all It's essential provisions,
the law and its executor must give place, together,
10 others better aGaptedlo the peculiar views OF
the delinquent Clerks.
:" Hinc iaciyynnae MIC causa do'orum."
The above remarks seemed necessary, to Illus
trate the purpose and action OF the delinquent
Clerks. in attendance on the Legislature were not
less than half the COUNTY Clerks in the State, in
CluulUp one WHO was lleiluGT vi VIC iiouSeJ "'H
probably having common interest and sympathles
on the subject Of the act of 1912. 1t Is known
that the bill which efectuay nniihed and |
eylsceraed that act, was essentially framed ana
matured by Clerks, and whethertheir interests were
forgotten or not will appear in what we hope to |
exhibit in subsequent remerks upon the law. as 1t
finally passed. We would not willingly impugn the
motives and desire not to speak OF the hrst person
at all, but we must speak OF things as they are 3
we will Sin nothing cXtenuaie or ought set down
,t,a 10 nf 70 ha
fought with serious evils, which will occasion n
yearly loss of the public funds Of small amount
1t becomes, then, matter Of Importance with
the toX'paying community to know where the
leaks in the Treasury are, how they were occa-
stoned and how 20 guard against their recurrence, |
as well as TO apply the remedy.
Commentators on law direct us to the consdera- |
ton of the old law, the mischief and the remedy,
when would come to just Interpretation OF the |,
new law.
The act Of lS42, relating TO public accounts, and
the act of lS43 requiring the Auditor to settle the
Clerks accout may be denomlnated the old aw.-
One mischief, in the eye Of the delinquent Clerk, |
was, that that the act Of 1912 required copy OF
the items OF all the accounts and provided for re-
ducllon of all charges TO the standard OF law, and
that it was compulsory in It's requirements, aud
could make no compromise with illegal charges, or
suffer the public funds TO remain unaccounted Tor.
Another was, that all their charges were subject 10
revision, and correction. clerk, who had ciarg-
ed several hundred per cent. higher, than others,
and above the statute price, would reluctantly
sent to Il reduction of his account to the same ex-
tent but such cases were not uncommon. Such
were the causes of opposition to that law
And now what was 10 be the remedy for the evils |
thus annoyin to those officers. That portion of
the law, which only secured just accounting for
all public funds must be repealed. This was the |
remedy proposed, and secured, If we examine the
law passed in October last on this subject shall
find that it eifcc,ually removes the mischief com
planned Of and secures other and additional advan-
tages 10 the Clerks and what will result in great
sacrifice of the interest of the tax-paying COMMIT
nifty We reserve our comments upon the act of
lS45 for the next number.
DAVID PIERCE. !