Morning journal and courier., 1880-11-19
pr. Doherty,s Bill.

Dr. Doherty's Bill.
 Its Consideration by the Board of Select
 men-Other Legal Lights to be Consult
 ed-The Board i'm a Quandary.
 The Board of Selectmen held 8 special meeting last evening to consider Dr. Doher- tvs $4, 900 bill for services in searching for and recording births, etc, in the town of New Haven A full Board was present.
 Before proceeding to the consideration of Dr. ,Doherty's bill, the Board voted to elimi- nate from the records the testimony taken regarding applicants for licenses heard at 8 previous special meeting.
 The proceedings for which the Board met were opened by President Andrew reading the opinion of John ". filling Esq, regard ing Dr. Doherty's bill, the substance of which has been previously published. The opinion of Colonel D. R. Wright was then taken up, and on suggestion of Selectman Hart was taken up by sections, and in reply to it replication by John W. filling was read by Selectman Hart.
 In regard to the first point in Colonel Wright's argument, MT. filling replies that it is the duty of the Selectmen to inquire whether any or all bills presented are correct | This section was discussed informally. The next section of Colonel Wright's opin- l ion regarding the ascertaining and recording of births, marriages and deaths was consid- cred. After reading Colonel Wright's opin- ! ion, that of Mir. filling was read in reply. | His opinion was that only the law of 1852 and it's subsequent amendments could be considered Under that law he argued that the law was explicit that no record could be made back of the term of office of the regis I trar. | After the reading, Selectman Feldman said he had understood that previous registrars had taken records of births from the records of the Catholic churches, and it was ques- I tion whether some of these names had not
 been recorded twice.
 Selectman Andrew said this question was ! an important one. It was as necessary that l births and deaths should be recorded as that | real estate transfers should be spread upon ! the records. He said it was intended that these records should be as near complete as I possible It was for the benefit of citizens ! generally.
 | Selectman Hart continued in his reading of | Mir. Alling's opinion in reply to Colonel l Wright, in which the attorney took the ! ground that the registrar could not review the ! work of his predecessor and the word ''oc- curing" was dwelt upon at length as bearing upon the time during which the registrar was | holding office. The conclusion of Mir. AL ] ling was that the taxpayer would have a
 large and needless expense to pay if this bill ! was allowed. In regard to the point that the ! Selectmen knew what Dr. Doherty was do- l ing as stated in Colonel Wright's opinion, it ! did not imply any contract between Dr. Doh ! erty and the Board of Selectmen. In his l final conclusion MT. filling submits that the taxpayers would be better satisfied to have ! the whole matter submitted to the courts rather than that his bill as presented should be paid without such legal adjudication. ! Selectman Hart read letter from Dr. E. l.. Bissell, in which he said that he went over the records of the Catholic churches during ! 1868 and '69 and recorded such births as he 1 could find although he did not know that Dr. 1 Doherty had duplicated any of these names.
 Selectman Andrew thought the only matter to be considered by the Board was whether the bill was correct and legal. If so 1t should | be paid otherwise not.
 Selectman Hart said he did not think the
 bill was just one and he did not think it l could be collected legally. He ready to 1 vote against paying it.
 i SeIectman Hart then submitted a written
 motion which stated that inasmuch as the
 statutes do not provide for the work for which
 Dr. Doherty has submitted bill of $4, 336,
 therefore, that the Board of Selectmen de-
 cline to pay the bill \ Selectman Cooper said that before deciding
 the question more eminent legal authority ! should be consulted.
 I Selectman Reynolds thought the matter
 should be referred to committee to further
 consult with legal authorities and report.
 Seleetman Feldman thought the Board with
 the extended legal opinions before hem were
 able to act at once.
 | Selectman Andrew hoped the resolution of i MT. Hart would not pass. He said he pre- l ferred to look at the matter little further. ! He thought that Dr. Doherty and Colonel | Wright should be treated respectfully in this
 matter.
 Selectman Reynolds said when his atten-
 tion was first called to this work being done ! by Dr. Doherty his attention was also called say that he concluded the work was being ! done legally and in good faith, so far as the I registrar was concerned.
 The matter of having the attorneys, Messrs.
 Wright and filling, come before the Board
 and explain more fully was discussed.
 Selectman Hart withdrew his resolution ! temporarily.
 | Selectman Cooper suggested that a con- ] mittee of three be appointed to consult with ! other and perhaps more experienced attor- l neys on the subject. He made a motion to
 this effect, and suggested the names of ex- 1 Governor Ingerson and Henry B. Harrison.
 MT. Feldman moved, as an amendment, l that the committee when appointed should | refer the whole matter to ex-Governor In gersoH and Henry B. Harrison, and his
 amendment prevailed.
 l Selectman Andrew declined to serve on the ! committee.
 Town Agent Reynolds was then instructed l to obtain the opinions of the gentlemen
 named. Adjourned.