Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1846-04-02
To the Tax-Paying Community in Vermont
NO. Ill.

W
propose to consider the act of 1912, as a rem
edy, applied TO these evils. This law was framed
expressly to meet and remove all those defects of
the old law above enumerated and many more,
which the limited space allowed u.s. in these num-
bers, did not permit US to notice In the first place
it provided that the fiscal year should end on the
3lst day Of August and that every person Except
ing military officers and others in possession of
military property collectors Of and the Trea-
surer should render their therefor to the
Auditor, within twenty days after the close Of the
fiscal year, or in default thereof, be liable to suit
in the name ofthe State Of Vermont, and be subject
to the payment Of costs, even though a balance
should not be found in the favor Of the State lit
substituted cash payments for services formerly set
tied by orders the State Treasury; it required
the items of all accounts against the State so that
the amount paid and the proportion between service
and compensation could be known lit required
all the returns exhibiting the disbursements of the
public moneys which before were made some to
the Goyernor-some to the Treasurer-and some
to the Clerk Of the General Assembly, &C., 20 be
made to the auditor Of accounts, thus avoiding all
circuity and completeness Of accounting lit proy-
ded that all the moneys leaving the Treasury, on
each and every appropriation be reported to the
auditor, thus keeping him advised Of all the facts
necessary TO charge any officer, who should present
his accounts for settlement lit provided, that the
clerks Of courts incorporate in their returns all the
fines forfetures, costs, and judgments, in which
the State was interested, and which had come under
the control Of the States Attorney Of the county -
i, made it the duty Of the auditor to keep an eye
upon every State claim, and TO notify the States
Attorneys, OF the respective counties of such claim
and 10 furnish the evidence necessary TO maintain
the States rights, and its collection when
practicable - il made it the duty ofthe auditor TO
commence suit against any States Attorney who
should be found delinquent sit provided that the
Quarter Master General should keep the accounts
in the military department, and report to the audi
tor 1T provided that the auditor should report to
the Legislature any modification, which experience
should indicate to be desirable lit provided for
the PRONUNCIATION Of rules to secure uniformity Of
charges for like services i'm short it threw the
arm Of the law around every portion of the public
treasury wherever scattered and provided to gather
up the scattered fragments in particular and ind-
vidua accounting in such manner that the sums
dsbursed should exhibit in the aggregate of &C.
counts settled, sum equal to the sum leaving the
treasury and lastly, it required the auditor to
publish report TO the General Assembly, not ex-
ceeding 700 copies, annually containing detailed
statement Of all the of revenue and its dis
bursements, thus bringing to focus all the fnan-
cial operations for the annual inspection of the
Legislature
A little attention 10 the details Of this system
will satisfy every thinking man, that nothing is
wanting TO the system to secure the public funds,
but faithful execution Of the law BY these re-
turns, containing the items Of every account, all
illegal customs, exorbtant charges, and errors in
accounting were readily detected. If an officer had
received money from the Treasurer and had omit.
ted to charge himself the return Of the to
the auditor would furnish check upon the officer,
and correct his accounts. If States Attorney
had omitted to credit the State with money collect
ed on suit in behalf of the State the clerks re-
turn to the auditor would exhibit the true state Of
the matter and in short it is not known that any
portion ofthe treasury was left unguarded by the
provisions Of the act Of 1912, if we except the law
providing for discretionary allowances for claims
for services, not particularly specified in the statute
OF these we hope TO treat hereafter. The law took
effect the first of March l943 and in August follow
ing, the clerks returns came in, embracing the
incidental expenses of the courts for one term next
succeeding March ls43. 1t was supposed that this
law would draw aside the evil which concealed
many practices requiring correction, and the returns
exhibited all this to view.
We propose now TO notice some facts disclosed
by those returns The charges made and allowed
for making dockets for the courts will illustrate the
variant practices adyerted to in our former mum
bers. The docket is a calendar or list of cases
entered in court. To enter action is to writ
the name of the defendant in this calendar. Fo
this service the party entering pays the clerk l.
cents IN the county court, and 50 cents in tn
Supreme Court, for the first term. If the case i
tried in the county court, 40 cents more is pa
the clerk il nonsuted, defaulted or reviewed, q
cents for entering each judgmen, in the Suprem
Court, rs cents. II the case be continued in tn
Supreme court 10 cents is added TO the clerk fee,
and for continuance in the county court cent.
If the court order more ball. or that notice of IN
tendency Of the suit should be published, cent
more is added for each order; if an affidavit be Fl
ed for a continuance, g centsis added for filing III
paper and those fees are settled by statute and
paid by the parties TO the clerk. II however III
action be not tried defauItcd or nonsuited but dl
missed, the custom is to pay the clerk 25 cents
though the statute has provided no fee in sue
case.
At the next term, ifthe action be not settled
the clerk proceeds TO transfer the case from N
FIRST docket TO another, noting the action Of til
court in relation to the case, the preceding term
Thisis not new entry, nor is it strictly necessary
but merely matter Of convenience; as the cou
might proceed to final disposition Of the actor
fromthe minutes on the FIRST docket Thepractic'
however is 10 transfer to a new docket, and as III
parties could not be legally taxed for this service
the expense had been charged to the State, undo
the provision OF chap. 1917 sec 6, "for all otht
services, rendered by order Of law or direction I
the court"--"such SUN as the court shall allow
The expenses Of dockets for the county courts
mounts 10 about 50 500, annually, nearly 81
700, of which sum is paid out Of the Stat
Treasury BY the returns made TO the auditor
Office in ls43, covering the period from March
TO August 3lst-embracing one term OF the coun
court for each Of the counties 10 the State, 1t a