Morning journal and courier., 1880-11-10
A Legal Conflict.

The DOherty Clatm CasS-Ihe COunteE
 Opinion by Colonel Wrfght-The Past
 and Present of Vital Statistics i'm Com
 nectfcut.g Ns
 Colonel Wright opinion in the Dr. Doherty claim was submitted to the Board of Select men last evening.
 The opinion begins with affirming that | James J. Doherty, having rendered bill against the town of New Haven for official l services as registrar in perfecting the statis- | tics of the births, marriages and deaths in the | town of New Haven from the year 1929 to | 1878, the question arises among the Select 1 men of said town whether or not they have the power to audit and pay said bill. To this question we answer in the affirmative.
 The opinion then consults the general statutes of Connecticut, where they affirm the power of the Selectmen to, and prescribe that they shall, superintend the concerns of the town and settle all claims against it, and draw orders on the treasurer for their pay ment, etc. It then defines the superintend- ence prescribed and afirms the importance of correct vital statistics to the community, and then reviews the whole field of Connec- ticut legislation bearing on the matter in dis pute from the early colonial times as far back as 1873, setting forth the precedents as to the claim of the importance of correct vital statistics and the legislation to that end. It refers to acts and laws of the colony for the years 1715, 1750, 177O. 1784, 17s6, 1908. 1921, 1924, 1885, 1888, 1S49, giving reference pages It then adds that in the year 1852 the duties of town clerk with reference to births, marriages and deaths were for the first time confided to registrar which towns were required annually to elect the publication of marriages in the old way (viz., at some public lecture or town meeting of the towns where the parties or either of them do ordinarily reside was abolished and certificates of reg istrars substituted therefor, and substantially the same provisions concerning marriage have continued through subsequent compila tions or revisions of the statutes of the State to the present time. The whole scope of this law, the opinion adds, in all its provis- ions shows that the State intended to make the records more complete and to have them result in accurate tabulations for statistical information. In the opinion it is further set forth that in 1856 and 1866 there was further legislation casting new duties upon the regis rsrequiring the annual reportito be made to the State Librarian instead of the Secretary of State. In 1878 the report was to be made to the State Board of Health, and from 1866 to the present time various enactments have been made, all tending to enlarge the field of statistics and make them more complete, and connecting with this bureau, i. e. the State Board of Health, the sanitary condition of the people of the State. These facts are oo5 nd of4 4ho into cfv,
 of the State and town in such records set forth by pointing to the laws whose
 basis has plain reference to the
 claim that the marriage relation is the foundation of the well being of the State, following which it is affirmed that all these provisions clearly demonstrate that each register, for the time being, has full control over the whole answer, and that he may add to, deduct from or otherwise con- duct the entire record that all the con- mands in the statute relate to the past as well as the present, and are without limitation as to time. It also sets forth that the town has paid bills of previous registrars for recording births that happened before their term of of flee began, and also for ascertaining and re- l cording births which took place prior to their entering upon office. Further, it was set l forth that the work of Dr. Doherty was done with the cognizance of the Selectmen and of
 
 l charges made are in accordance with the stat utory fees, this fact the opposing counsel | not disputing. A summing up is as follows I. That the town of New Haven is deep | ly concerned in having complete record | of births marriages and deaths, and that the 1 Selectmen have full authority by virtue of f it's power to superintend all concerns of the | town, to pay all bills for perfecting and re- | vising said records.
 II. That the phraseology of all the laws l upon the subject, down to and including the present law, clearly contemplates that towns 1 may revise and perfect their records of births, marriages and deaths, and pay the expenses | thereof.
 III. That the town, by paying such bills as 1 Dr. Doherty now renders, has practically ! adopted the construction contended for. W. That the practice of municipal corpo- | rations accords with our views in this matter. V. That the work done by Dr. Doherty | was done with the knowledge and consent of | the Selectmen, and the town is under an inn piled promise to pay the bill rendered. Retiring From omce-A Bahquet. Retiring from the arduous duties of the I craftsmanship of the Democratic Town com ! mittee, position held by him for some time, MT. Truman s. Foote banquetted his associ- l ates of the committee at the Tontine Hotel
 Monday evening, together with the Demo- cratic registrars of the thirteen wards. Short
 and happy remarks were made by Hobart L. Hotchkiss, William H. Law, Major Shaw, William O'Keefe, John Clancey, John Red
 mond William Sullivan, J. J. Brennan and others. A vote of thanks for the efficient and energetic manner in which the chairman had discharged his duties in conjunction with the committee was unanimously passed.