The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-12-15

the Erie, are oppressive, detrimental to the
interests of the people and contrary to pub
lie policy. AS long as Vermont does not
see fit 60 protect her citizens, perhaps New
York, through her attorney general, will
so far as they can.
Ss7ALL. L LAWS BE VIOLATED,
In closing its account of the burning of
the Vermont Reform School, the substance
Of which appeared in ott columns, Mon
day, the Free Press says SO 1t is presumed
" that with the considerable amount avail
" ahlc fron the in trance, the governor
" snd trustees will take the responsibility
- OF ut once rebuilding the school, without
d" waiting for action by the legislature.
We trust that this is mere presumption"
containing not the ti.st intimation of truth.
1t may be true that there is immediate need
of a new building for the purposes of the
school. 1t may be true that this fire was
an unforeseen contingency and, therefore,
unprovided agains.. 1t should not, how
ever, have been unforeseen. for.the burning
Of jails, reformatories, states prisons and
public buildings are not uncommon occur
renccs. Moreover, it Is stated that il the
superintendent had been at his post of duty,
the heavy loss would not have occurred
bat il is not our purpose to find fault with
that official any further than is implied in
the question, we ask in passing. why was
he absent from that post of duty without
leaving his duties in charge of man quail
fled to perform them, one, too, familiar
with the buildings and all its machinery
and appliances for extinguishing fire, so
liable to occur at any time 1t may be
true, also, that the people of Vermont are
satisfied with its present location and have
no desire for its removal thence indeed,
as at present advised, we do not believe
that any particular locality has any great
"hankering" for such an institution in their
midst. While all arc free to admit the
beneficial effects of the institution and will
gladly unite in sustaining it, they are, as
we believe, willing that Waterbury shall
have all the glory and honor Which attaches
to being the seat of the Vermont Reform
School. 1t may further bel true that the
people of Vermont, as represented by their
senators and representatives, would freely
appropriate all the money necessary for
the erection of suitable buildings be the
amount required more or less
WI,;Io oil thooo tb;pnc ,,,o,, lo aud ,,,o
believe them to be, true, yet VIC trust that
the presumption" of the Free Press is not
true in fact. Let us inquire what right,
power or authority these trustees have to
take such responsibility. We believe,
and shall endeavor to show, that they are
expressly prohibited from entering upon
such work, and that precedents and anal
ogy is counter to the exercise of such
responsibility. The loss is stated to be,
In round numbers, fifty thousand dollars
of which twenty-five thousand five hun
bred dollars is covered by insurance. We
assume, because it needs no argument to
show it, that this insurance money belongs
to the state and to no other body or per-
son. This being so, it must be paid into the
state treasury. Any one receiving it on the
part Of the state and paying it elsewhere,
would be liable to punishment for the mis-.
appropriation of the public funds. That
the money belongs to the state is unques
tionabe That it should be paid in to the
state treasury is equally so. Unless the
state treasurer should join with the trustee.
in misappropriatng the public funds, how
are the latter to 'get hold of this insur
ance money with which to commence
work The constitutional provision is ex
plicit, section seventeen of part second ex
pressly declaring that mo money shall b,
drawn out OF the treasury, unless frs
appropriated by act of legislation" Al
If this was not enough, the general statute
section eight, chapter eight-provide
that "the treasurer shall disbursc no mon
eys except upon orders drawn by per
sons duly authorized to draw such or
ders, or by virtue of general or specia
" acts OF the legislature, creating salaries
" or providing for the payment of speeifi,
sums of money, or on the certificates O
- the debenture Of the senate and house O
representatives,, in pursuance of appro
priatons made for that purpose" Is i
to be supposed that Asahel Peck, Paul Dill
lingham, Victor Atwood and John A. Pag
VIII violate express prohibitions of the OF
ganlc and statute law of the state, thereb
rendering themselves liable TO Impeachment
and removal from office, to prosecution an
conviction for the misrepresentation of tn
moneys oil the state, and to civil suits 70
the recovery OF such money? 1t may b
so, hut it seems to us a very violent "pre
SUMPTION and one that ought not to b
entertained for moment.
We need not say anything further t,
make our position impregnable, but, never
theless, it may be interesting to see how
the argument may be sustained by precc
dents and analogy in the case of other pub
lie buildings. Montpelier was establisbe,
as the "seat of government in 1905, re
established in 1882, while the revised stat
utes declare that the sessions of the genera
assembly "shal continue to be held
thereat-the latter provision being in fore
in February 1857, when the same place wa
again, in effect, made the "soat of govern