Morning journal and courier., 1885-02-11
THE TOWN MEETINGS ACTION
Invalid by John w. AL fng-AssessOrs to Get Fifteen Hun. dred Dollars a Year.

Pronounced Invalid by John W. AL fng-AssessOrs to Get Fifteen Hun. dred Dollars a Year.
 Lawyer John w. filling was asked by 8 special committee of the Board of Selectmen to give the Board an opinion as to the validi- ty of the votes passed at the last town meeting regulating the salary of the Select men at $100 year, the Assessors at s1 ,000 g year and the members of the Board of Relief at $100 year. Last evening his reply was read at the Selectmens meeting, and it is given in full herewith:
 "A certified copy hereunto annexed of the warn ing for and certain votes passed at town meeting of New Haven is shown me and my opinion is asked as to the validity of the votes,
 'dThere is one fatal objection to all the votes. There nothing in the warning which called at character would be brought up for action and practice of the State, Selectmen of the towns in the absence of a vote of the town fix and is supposed that they will fix it from honorable and conscientous motives, and there is no statute which can find which regulates that matter. meeting could fix the compensation for the ser vices of Selectmen. But clearly, whether the Se- lectmen shall receive compensation for their ser vices in accordance with the actual services rem irrespective of the amount of service rendered, whether. the common practice shall prevail or a
 
 be acted upon by the town in town meeting must be specified in the warning. The statute is explicit: specify the objects which such meeting is to be held General statutes, page S.
 to justify any action by the town at this town meeting either of the subjects about which and they are therefore invalid. There is another objection equally fatal to the votes concerning the salaries of assessors and Board of Relief The stat utes provide for the compensation of these officers in special way, which necessarily excludes town sessors shall receive three cents on each thousand doll ITS of the amount of the list of their iectnen may aIlow.'-Gen. Statute, Page 1sa. Members of the Board Of R1;ae. RnLet per diem as may be determined by the selectmen and their account shall be audited by the Selectmen and paid out of the town treasury Statute of 'sThe members of the Board of Assessment of sent their claims for compensation to the town in town meeting. The matter is explicitly left with the Selectmen and the town meeting has no Jur1s- My opinion is also asked as to whether the pres ent Board of Seiectlnen, having an annual term of office, can interfere with the current rate of com pensation of the assessors, whose term Of office is for three years and who are now ill the second year 1t is said to have been the understanding that in full of all claims for services of the assessors. I think the present Board of compensation paid to the assessors last year The assessors have the absolute right to the legal
 
 grand list, and think, that as in legal theory each assessment is presumed to have passed in judgment the whole of the grand list, because they must act as a board, this statutory fee is distributed that is to say each is entitled to the three cents on every thousand dollars of the grand list In so far as the assessors ask for more than the legal fee, the present Board of Selectmen are vested with the power to allow it. to disallow it, and cannot be bound by what was done in the previous year. think that as the term of the assessors commences in June, assessors would only have the legal right to the statutory fee from June, 1884, to June, 1885, and that what ever they have already received would if they in sst upon thr statutory fee, be credited account of that fee, and the balance, if any, would be all that they would be entitled to receive before next June unless the present Board of Selectmen allow something further.
 Tt must be understood, of course, that vote of the town in town meeting, although not ficient warning, ought to receive the consideration of the Salectmen to whether not there are evils with reference to the subjects in question which should or could be remedied.''
 Very respectfully,
 JOHN W. ALIING.
 After some discussion MT. Treat drew up the following resolution, which was unani- mously passed:
 Voted, That the salary of the assessors be fixed at $1, 300 per year for each in lieu of the fee fixed by the statute, the year to com mence January 1, 1885, said sum to include the making of the grand list and all other duties pertaining to said offices.