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

9th OF January, 1857, the, then, state house
was destroyed by fire. Previous to this
date, there was no serious thought of chang
ing Its location, the majority of the people
seeming well satisfied to let it remain there,
in which opinion the general assembly,
soon thereafter called together, coincided.
Upon the destruction of the building, did
the governor, state treasurer and others
"take the responsibility of at once rebuild
ing the state house without waiting for
action by the legislature ~? Not at all,
they understood the constitution and laws
of the state too well for that. Yet they
had as much authority in the one case as
the other. Governor Fletcher, rs was his
duty, summoned the general assembly to
meet in extraordinary session. to act in the
emergency. They met and after stormy
session of some ten days, during which
efforts were made to remove the seat of
government to Burlington or Rutlan |, the
state house was directed to be rebuilt on
the old site. Forty thousand dollars only
was appropriated for the purpose, while in
this reform school matter sit ia presumed"
that fifty thousand dollars of the funds of
the state are to be taken oitbout an appro-
prlaton. Will Governor Peck and bis as
sociates follow this precedent, or will they
violate the constitution and laws, because,
forsooth, some one ''pIesumes' the legisa-
ture, if in session, would make the neccs-
sary appropriation
So much for n precedent, and we pro-
coed to analogy, instancing the statutory
provisions in reference to jails. 1t must be
conceded that jails are as necessary for the
confinement and security of alleged crimi-
nails as are reform schools fol the moral and
reformatory instruction of its inmates. Do
the statute authorize the building of jails in
place of those destroyed by fire 3? The law
y silent in reference to reform schools, but
not so as to jails, although even here they
cannot be built without action by the gen.
eral assembly. The last legislation upon
the subject was in 1872, when the county
treasurers were authorized, under the di-
rection of the county judges, to issue their
warrants for the collection of tax, not
exceeding one per centum per annum, to
pay the Indebtedness of the county, pro-
vided that the power and authority of the
county judges, as provided in the general
statutes, shall not he extended in the mat
ter of 'making repairs of court houses or
other county buildings" II we turn to the
general statutes (Sec. G, chap. 1911 we find
that the sheriff is required, ''under direc-
ton of one or more OF the county judges, y
TO Immediately repair the Jail when it "shall
be broken, or by any other accident shall
be out of repair, so as TO he insufficient for
the safe-keeping of prisoners But this
power is limited by further provision
| (Sec 3, chap. H. to the effect that the
county judges shall have care Of 'all coun-
| ty property" shall "order all such repairs
and improvements in and around the court
house and JAIL as may be necessary, but
''such improvements or repairs in no case
in any one year to exceed the sum of three
hundred dollars unless under some special
| provision" Three hundred dollars would
be small sum to build Jail with. We
know not whether these provisions have
received judicial construction, but they
certainly have legislative and practical one
The journals of the general assembly and
the laws of the state are full of acts and
proceedings looking toward, or providing
for, the building of jails and court houses. and
we venture to assert that no Jail or court
house, state house, states prison or reform
school buildings were ever erected in Yer
mont without ''some special provision, y
that is legislative action accompanied by an
appropriation or the power to levy tax.
The analogy between the building of Jail
or a reform school seems to us complete,
except provision is made for The repair of
the former at IN expense not exceeding
three hundred dollars per annum, while the
TACT to establish the Vermont Reform
School" does not authorize the expenditure
of a single dollar for repairs. With the
constitution and laws prohibiting him, with
precedent and analogy the same way, will
the governor violate the constitution he has
taken solemn oath to sustain, will he
break the laws which he has sworn to en-
force? Will the state treasurer be guilty
of the same violation of law, duty and hi
oath of office? Will the trustees of TIT
Reform school, also, become law breakers
1t may be so, but We shall refuse to be
leve it until we see these trusted public
servants trampling under foot the laws an(
constitution of tie state and setting a
naught every safeguard thrown around tn,
public treasury.