The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1864-07-01

IMPORTANT DECISION. In Aliens last
volume Of Massachusetts Reports there
is case which contains points Of more
or less interest to all towns and villa
ges, an abstract of which we find in
one Of our exchanges:
The case of Frost rs. IphabitaRts Of
Belmont involves a question of great
importance in relation to municipal
rights aud duties, and Mr. Allen has
reported it at length, with fall alb
stract of the very able arguments OF
counsel; the main point decided in the
eoae ie. tlnat tho onnrt haze jurisdiction
IN equity, upon proper case beng
made, to compel the restoration o
money, with interest thereon, to The
treasury of a town, which has beer
taken therefrom and applied to illegal
purposes by the officers of the town
under a vote Of majority of the in
habitants thereof. 1t was also held
that services rendered in procuring the
passage of an act of legislation by
means Of secret attempts to secure
votes, or sinister or personal Influences
upon members, are not a legal consid-
GRAFTON for a contract,
There is nothing novel in the legal
principles discussed in this case, but il
is an excellent illustration of the search
ing power of court of equity, by its
peculiar forms of proceeding, to reach
an Illegal transaction and compel the
restoration of money which had been
paid out of the town treasury i'll a
manner that seemed very safe and
somewhat adroit. 1t seems that the
town voted to pay the expenses Of OBJ
tanning their act of incorporation and
authorized the treasurer to borrow
money for that purpose. On the same
day sundry persons presented claims
for such expenses, amounting to SS773-
Y, all of which were at once paid by
the town treasurer by checks upon his
own funds in the Bunker Hill bank, OF
which he was director. On the same
day he executed one in the name OF
the town for $4,000, payable to the
bank III six months, which he procured
to be discounted there on the next day
and placed the funds to his credit.
The court comment with severity upon
the whole transaction, holding it to be
Illegal, and they especially remork upon
some of the items in the bills going to
make up the amount expended for
procuring Of the legislature the act OF
Incorporation such rs one item of $500
and one Of $500 charged as paid to
"lobby members, one of $3.50, ~
paid at house of public entertain
ment, one Of $9G7,92 for "sundries, .
and one Of S25 for wines. The prac-
tice Of procuring members Of the leg
islature TO act under tho influence of
what they have eaten and drunk at
houses Of entertainment tends to rem
der those Of them who yield to such
influences wholly unfit to act in such
cases. The court recognize and APP
prove the well established right to con-
tract and pay for professional services
in preparing documents, collecting ev-
idence, making statements of facts or
preparing or making oral or written
arguments before the legislature OF its
committees, but not for services in ex-
citing personal influence with indiyid-
ual members by secret and underhand-
ed means. The court did not consider
the president and directors of the
Bunker Hill bank as in fault, though
they censure the conduct Of the town
treasurer who was one of the directors
for not giving notice to the character
of the note and checks when they were
presented for discount A decree was
made that the town treasurer should
refund the money TO the town treasu
ny for costs; and the inhabitants o
the town were enjoined to apply thu
said money TO the payment of the lega
debts and liabilities of said town, an'
to other purposes