Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-07-30

TAX, the requisite sum 10 purchase the eA-
emption of the inhabitants of such town
who had been or should be drafted under
the present consumption law of Congress.
We have just found in an exchange, ex-
tracts from the opinion of the Justices Of
the Supreme Court Of Maine upon the
question. Although our own Town Meet
ing did not result in any action of this
kind, yet in view of the proceedings of
some other towns in and out of the State,
the following extracts, we presume, will
be OF interest to our readers.
Several of the towns Of Maine voted to
raise the sum of three hundred dollars as
Communication for each of their citizens
, who should be drafted into the military
service.
The constitution of Maine authorizes
the Governor to require the "opinions" of
the Justices of the Supreme Judicial
Court "upon importantquestions of law and
upon solemn occasion;" and accordingly,
under this power, Gov. Coburn asked the
opinion of the Court upon the legal ques-
tions involved in the following interroga-
tories:
|. Has city or town any legal right
to pledge It's credit to raise money for the
purpose of paying the combinations OF
such of its citizens as may be drafted INTO
the service of the United States under the
law aforesaid?
3 Has a city or town any legal right
to raise money by taxation to provide
communications for such Of its citizens as
may be drafted
The Judges gave an opinion adverse to
the legality of such proceeding Under
the national aspects of the question they
argue as follows
GAS Congress has the power to COM
mand and require the services OF each
citizen, so it may prescribe the mode and
| manner of obtaining such services. The
obligation of obedience rests upon the cltl-
zen. 1t is part of the duty be owes to the
| Government which protects his rights
The duty is perS0naJ-that of each citizen
IF drafted, the service must be his person
al service If substitute is procured
the procuration of such substitute is to
be made bv the person drafted. If com
mutation money be paid, he is to make
such payment. A friend may volunteer
as a substitute or may aid him IN pro-
! curing whatever sum of money may be
! determined by the Secretary of War as
the price of exemption, as he may aid him
in discharging any other personal liability.
But the liabilty-whether to serve, to
procure substitute, or to pay the sum
fixed as communications IN each case
alike a personal liability. Each is as
much a personal liability as the obligation
to pay tax duly assessed, or to discharge
debt, or to perform any other act re,
quired by contract or by statute"
Upon the powers conferred by the
Statutes of the State of Maine, on towns
to raise money and the purposes for which
it may be raised, the Judges say:
| at will be perceived, therefore, that
the question amounts to thls-whether {
town can legally raise money gratuitousll
to discharge the pecuniary obligations. o
the citizens, or to procure their exemption
from military or other service. Is such I
power conferred upon the municipal corpo
rations of this State"
"The general power of towns to raise
money IS given by the Revised Statutes o.
1858. chapter 3, section 26, in thest
words: 'The qualified voters of towns may
raise such sums as are necessary tor th'
maintenance and support of schools ant
the poor for making and repairing high
ways, and town ways, and bridges, TO
the purchasing and fencing of buryine
grounds, for purchasing or building ant
keeping in repair hearse and house there
for for the exclusive use of the citizens
and for other necessary town charges"
"Bv subsequent acts further powers
have been conferred upon towns; and tn
exercise of doubtful powers has been con
frmed by legislative authority. But thu
raising Of money under statutory provis
ions to cooperate a0ith the General Coz
eminent is manifestly to be distins uishec
from raising money for purposes so differ
ent, unauthorized by any existing law.
1.-THE words 'other necessary tow
charges do not constitute new and dis
tinct grant of limited power to raise none
for any purpose whatsoever, at the wi
and pleasure of majority. They embrac
all incidental expenses arising directly 0
indirectly in the due and legitimate exer
else of the various powers conferred b.
statute.
"While towns may raise money to dis
charge all liabilities in the performance
their multiplied municipal duties, the
cannot unless new powers are conferred
or an excess of power receives a subse
quent legal ratification, transcend the al
thority given by the statute, and incur liz
bilities in no way arising in the course
,, its exercise.
The Court conclude their opinion I
f follows: .
"Were town to raise money to be dl