Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

RUTLAND, June 26, 1878.


Editor Rutland Herald - Every
thing was in amuddle' to Stephen Black
pool, and so it appears to be to ''ye as
tute editor" of the Globe, and nearly so
with the legal luminary that made an
excellent speech" in the village meet
ing of Saturday night. The mooted ques-
ton of the duties of our village trustees
in respect to the highways of the village
can never be settled without some refer
ence to the act of incorporation of the
village, from which they derive their
powers. But, l think, when we apply
to that act of the Legislature the Ordi-
nary rules of construction, their duties
are as well defined and as clearly set
forth as are those of the general eXecu-
tive officers of municipal corporations in
general.
In the first place, the trustees are made
the general officers through which the
village acts, except in those cases whera
other officers are specially appointed and
their duties prescribed With the single
exception of the authority delegated to
the water commissioners, no money can
be drawn from the village treasury or
expended, except upon the order of the
trustees; and as such general officers
they are given a discretion in the per-
Torrance of their duties which is only
controlled by the laws of the land and
the legal ordinances of the village, while
they act in good faith i'll the discharge
of their trust.
The highway taxes are not voted by
ANYBODY they are assessed by the select
men by virtue of a statute law, without
a vote. and the charter of the village of
Rutland, after enacting that the terri
tory embraced within the limits of the
village shall be highway district of the
town of Rutland, provides that the
selectmen shall make out rate bill for
the highway tax and deliver the same,
seasonably, to the collector of the viii
lage. and the collector then collects the
tax. the same as other village taxes, and
paws the money so collected into the viii
LACE treasury; which money shall be
drawn from the treasury by the trustees
and shall be expended by them in build
ing, constructing, maintaining and re-
pairing the streets, highways, walks, al
leys and lanes of the village, and no
highway surveyor for said highway dis
trict shall be required or chosen by the
| town.
This provision was a part of the orig
inal charter. In 1866 the Legislature
extended this power of trustees over
highways by the section providing that
the trustees may lay out, alter, main
tain and discontinue any street, lane
allev or walk in said village. The
trustees of the village are not highway
surveyors of the town, but all their act
are done as village officers, and they re
| clothed to some extent with the authorl
sy of selectmen and highway surveyor
in the village, but all the time exercising
this authority as trustees, acting for and
in behalf of the village of Rutland.
This authority to lay out, alter, main
tain and discontinue any street, road
lane, alley or walk in said village, give
the village trustees very large power
over the highways, and it may be diff
cult to conceive of any thing that cal
legally be done by any officer that
not embraced within the very compre
hensive words of this act. twill ais
be observed that to do these things VII
REQUIRE money, and in all probabilit
more money some years than the regula
highway tax. Now, where is this none
TO come from? Clearly the trustees hay
nothing to do with expending the none
of the town of Rutland, or of any othe
organization than the village OF Rutlano
They NAV do all these things upon th
hiphways, streets and walks. They hay
the sole power, with the exception OF III
water commissioners, to pay out ,,i an
expend the money of the village. Inc
have no other source from when TO o1
tain money. Now can there be an
doubt as to where they may Obtain ID
necessary funds to do what the statu'
authorizes them to do.
Then. again, the village has power I
make. alter and amend ordinances an
bylaws for the purpose of regulatln
the Grade of streets and the grade an
width of sidewalks, and the constru'
tion thereof, and all others Wnlch al
deemed necessary for the well-belng :
the village, not repugnant to the cons.
: ton or laws of this State or the Unite
} States.