Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1846-10-29

10 lne htdCH Ol all OlHClal DOnOS OIL pissed, 10y
Mr. Burton, from majority of same committee, in
favor of the bill altering sec. SO chap 30 X. S.
that when the amount recovered in trustee sui.
1origlnay commenced in the County Court, or The
effects in the hands of trustee do not exceed $50,
the trustee shall be discharged, and recover costs
against the plaintiff bill was supported by Mr. Bur-
ton, as tending to discourage petty SUITS and was
opposed by Messrs Cram, Villas, Smith, Kimball,
and Darlington, useless innovation upon the
present law. and it was refused third reading by
a vote Of % to 4, VIZ: Messrs Burton, Hubbard,
Birchard and Page. By Mr. Foster from same
committees against petition Of Ira Davis and 9TH
ers, PRAYING for legislation to compel the more
faithful discharge Of the duties Of overseers OF the
poor; MIR Hodges called for the reading of the Pc
ton, which represented that overseers frequently
rejected merltorlous applications, and thereby sub
lected poor persons to great privaton and Distress
| Nj Smith saw no need for further legislation on
the subject 1t was well understood that all public
officers refusing to discharge their duties subjected
themselves to indictment. Mr. Villas though not
expressly discerning from the report still deemed
the matter well worth consideration. 1t was true
perhaps, that an indictment woudle for such de-
Inquency, but that was a poor consideration to The
suffering party. The remedy desired was civil
one, by which damages could be recovered against
the ovcrseer The Supreme Court had decided
that no action could be sustained against the town
Tor the failure OF lis overseer to receive ana sup
port unless there had been an express contract to
do 1T, upon the part of the overseer The court
deemed that the correction of the matter devolyed
Upon the Legislature. lie was aware that it had
been thought that an action on the case might lie
against the overseer; but it had never been SO ad
Judged aud he thought it matter Of great doubt.
lie thought that if direct remedy could be de-
visod by the Legislature, it should he applied He
would not at all favor the idea that the dlspensation
of the public charity must rest altogether upon the
discretion of one man. Mr. Foster remarked that
The committee pursued the course they did, because
they were conscious of the insurmounlable diff
Guilty OF providing remedy which woad elfecu-
ally reach the case; at least more SO than that
now provided for by Indictment The tverseer, IN
the performance of his duties must necessarily be
invested with discretionary power Yet if he was
to be made amenable to tile law for every instance
of misjndgment on his part, not mau could be
found IN community who would be willing to as
sumo the office. If any Senator would prepare u
bill efectual and properly guarded, it should meet
his cordial APPROPRIATION Mr. Smith thought that an
action ON the case would now lie. it was gener-
a principle he believed that it could be sustained
in all cases of damages suffered by the neglect Of
official duty, where there spec fc remedy
provided for 1t was true there had been no par
ticuar adjudged in reference to overseers' of
the poor; and he thought the very fact indicated
the rarity Of official delinquency upon their part.
Messrs Villas and Harrington argued that there was
a broad distinction between judicial and mlniser-
al officers. The latter as sheriff, Nc, having
mere eXecutory duty to Porforru might be made, by
an actlo1 on the case, to respond tor damages oc-
casoned by their delinquency; the former from the
very nature Of their duties had to exercise a sound
discretion, and they did not see how an action Of
this character could be sustained against them,
even in case OF the grossest mlSludgment Cor
ruptoa must be proved, or they cannot be reached.
| They hoped that Senators would give the matter
their earnest consideration, to see IT proper
corrective Of the present evil could not be devised
nd annlIpu 10 n rpIpnrk MIR ' sh ms
from the nature of the case, nothing, not now IN
operation, ostld be applied which would remedy
the difficulty and by Mr. Cram, that the grievance
complained Of existed to but a limited extent, the
petitioner had leave to withdraw his petition, and
the committee discharged from further consid-
Grafton Of the subject.
| Mr. Bradley, from the committee on Banks re-
ported in favor of the petition Of Mr. Chapman and
Others and bill reducing the capital OF The Bank
OF Middlebury to $4,000
! Mr. Rich, irom the committee OH Finance, TO
which had been committed the joint resolution pro-
vlding for tie appointment by the Governor of
three persons TO examine the accounts OF the State
Prison, and to inquire into the eXpedlency Of re-
moving the Prison TO Isle LA Mott reported a sub
stltute, making 1t only the duty OF The committee to
inquire whether the Prison could advantageous
ly be removed TO some place atiording raw mate
rial for the prisoners to labor upon.
MI Cushulan moved its indefinite postponement.
lie thought at all events the Prison should be SUIT
Tered to remuin where it is, until it was seen what
effect the completion of the Central Railroad ould
have its prosperity the Inquiry would subject the
State to considerable expense, and might be rem
dered unnecessary by the different aspect the Cen
trail road would put upon the business affairs Of
the Prison. the motion, after being supported by
/ Mr. Kmibal, and opposed by Messrs. Hodges, ilar-
rlngton, Foster and Smith, was withdrawn.
Mr. Smlth moved to reconsider the vote adopting
the Amendment; carried. On motion of Mr. SAITH,
the resolution was recommltted to the committee
on Finance Adjourned
| HOUSE.
Prayer by Rev. eli Ballou.
The Speaker announced the select committee on
the bill relating to appeals from railroad commits
sloners- Messrs Miner, Russell of Burlington, Har
nngton OF MIddetown, Tyler and Jones OF Chelsea.
Resolution. By Mr. Pope, suspending the read
ing of the journals on the opening of the morning
session; passed.
Bills Introduced BY Mr. Churchill, relating to
licenses to inn-keepers and retailers, $50 to $50
fine Tor sale without icense-county courts to have
exclusive jurisdiction of offences against this act
assistant Judges empowered to grant licenses to sell
for any purpose TO persons appreciated by the civil
authority III any town, provided that majority OF
the lreemen of the State vote in favor of licensing
on the sd Thursday OF February, but if the vote is
against licensing, the judges can license Tor The
sale OF liquors for mechanical or medicinal purpo-
SEES only Il laid the table and 80 copies ordered
TO be printed. By Mr. Bailey, the same subject,
Icourty commissioners 10 be elected nj annual
March meeting j referred to General committee.
BY Mr. klnball, III relation 10 voters 10 lreethels
meeting; referred TO Judiciary committee. by Mr.
Benton, relating to highways and bridges, mot
more Than 80 cents on The dollar of the list 10 be
raised in addition to the sum now authorized j re-
ferred to Judiciary committee. BY Mr. Jones OF
= Chelsea, relating to the duties OF the Bank Com
missioner, 10 inquire whether any officer OF bank
. has been Indebted to il in sum exceeding SluUu
for more than year;l referred 10 committee On
Banks.
Petitions REFERRED OF Harry Willard, to com
mllee of Ways and Means. OF lthamer Bowles
and 50 others and X. w. Perham aud 40 others, for
/ the annexation of parts of Grafton and Rocking
ham TO Athens, to select committee on the Duoi-
merston case.