The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-06-27

poses other than for the Improvement of
the streets and sidewalks. A proposition
by the way which can be only true, when
the village shall vote to raise by tax sum
of money and put 1t into the hands of the
trustees TO use in their discretion, and in
no wise directing the manner of Its use,
which you will remember was far from
being the case, when the money was raised
at the annual meeting of the Spring of
1879.
But to return to the highways
Section 9 of the village charter il ~ fol-
lows:
SEC. $. All the territory embraced with
In the limits of said village is hereby con-
stituted highway district of the town of
Rutland. and all the highway taxes assessed
upon the polls and ratable estate therein
shall be paid in money, and the Sclcctmcn
of the town of Rutland shall make out a
tax-bill therefor, and deliver the same sea-
sonably, az required by law with war
rant for its collection. to the collector Of
said village, who shall collect the same as
other taxes Of said village are collected,
and pay the same over to the treasurer Of
said village which money shall be drawn
from said treasury by the trustees, and
shall be expended by them in building,
constructing, maintaining and repairing the
streets, highways, walks, alleys and lanes
of said village, and no surveyors of high
ways for said highway district shall he re-
quircd or chosen by said town.
From this il will I've seen that the ti1is-
tees, so far ~ the expenditure of the high
way tax raised by the town is concerned,
stand in the place of the highway surveyor
of o district, and that the repairs and i'm
provement of streets, highways, sidewalks,
&c, come under one head and ara TO be
provided for out of the same fund.
The trustees of last year expended upon
the highways and sidewalks *7,953.23.
The amount of highway tax, less abate-
ments and cost of collection, "a, 247.66.
Excess of expenditure above tax, $3, 705.57.
This amount was virtually taken from the
fund raised under the following article of
the warning for the year 1872
''To see if the village will raise money
and how much, to pay the debts of the
village and for the current expenses of the
ensuing year
Under this article Of the warning, after
repeated attempts to raise a higher sum,
the amount Of the tax was fixed at so cents
on dollar. Perhaps there is nothing
palmer or more fully established than that,
if money is raised for particular purpose
it cannot be diverted by public officers
from that purpose but must be used in
strict accordance with the intention and de
sign for which it was raised. You will
hardly claim that it was the design of the
taxpayers, when they voted tax of so
cents, under the above article, that any por-
ton of the money should be expended
upon the highways. The expression of the
meeting was decidedly otherwise. More
than this, the article gives no warrant to
raise money for highway purposes. The
money was raised to pay the debts of the
village then outstanding, and for current
expenses. Improving streets does not come
under the head of current expenses. The
town is the responsible party behind, and
liable for all accidents resulting from the
insufliciency of the highways, and the
party to whom the courts look when seek
ing whom to indict for neglect to repair.
Possibly if street, as you instance, should
by unforeseen casualty, or otherwise, be-
come impossible, and in consequence the
business of the village was impeded and
the safety of travellers endangered, the
trustees would in such case be warranted
in putting such astreet in repair, and pledg-
ing the credit of the village in payment.
But the condition of the streets of last year
presents no case of this kind, for no such
emergency existed. Let us look at the
facts as they are, instead of hunting for
supposed cases.
As an instance take your own street
In the spring of 1872 it was just as safe
of 1878 yet it could be improved, it
was somewhat followed and worn out,
and the trustees in the exercise of their dis
erection, of which you speak, did improve
the street, at an expense of $13675. Take
Pleasant street -perfectly safe for travel if
let alone, yet late in the year, the trustees,
in their discretion, dumped long heap of
sand and cobblc stones along portion of
the centre of that street, and over which
no person has since ventured to drive, pre-
fcrring the ditch instead. For which
work the reported expense was $4,000.
Take Center street, a street by the way
which from the fact of its being "A great
public thoroughfare, deserved all of the
improvement that could be afforded it from
the highway tax; yet as you will admit,
it was in the Spring of 1872 in fair con-
dition, certainly passable and not subject
to indictment for insufliciency, or dangerous
to travel yet the trustees expended upon
this street upwards of $500. Now after a
proper and judicious expenditure of the
25 per cent. tax under the law, and in the
place most needing repairs, the same reas-
oning would apply to every other--street
repaired. Under such circumstances where
| 60 you find the warrant for the trustees to
expend money, raised to pay the debts of
the village, upon the highways, or to run
the village in debt for street improvements?
IT, in my opinion, most assuredly does not
exist, and that as lawyer you would not
| give it as your opinion that it did. AS an
editor You might, for editors often find it
incumbent upon them to Use much special
pleading to defend party measures and
party favorites.
In rccaptulation, that the matter may be
presented in brief, will state that in my
opinion
I. The trustees in their relation to our
highways stand in the place of the surveyor
of highway district, and must, through
their street commissioner, expend the tax
raised by the town for highway purposes
upon the highways and sidewalks, under