Morning journal and courier., 1889-12-27
THE CLERKIN CASE.

| Dcfend0nGs km plOyment Was with. | in she Natural and ordinary Means of tI,e Statute Complained of - Clerkln to stand Trial Again. Judge Prentice, of the Supreme Court of Errors, has written the opinion of the court in its recent decision in the case of the State vs. John J. Clerkin of New Haven. It will be remembered that the court found error in the judgment of the lower court by which Judge Torrance sustained the demurrer filed by William B. Stoddard, counsel for Clerkin.
 In his opinion Judge Prentice reviewed tho case as 1t is well-known to the public. When the State appealed the case, after Judge Torrance had sustained Clerkin's de. l murrsr, Clerkin's attorney moved to erase | the case from the docket, claiming that the statute authorizing appeals by the State in criminal cases does not extend the right of such appeals to errors in proceedings upon demurrers, but Is limited to errors committed by the court after tho jury has been impan- nslled, or at least after the prisoner has been put to plea.
 The statute in question (Rsvised statutes, sec. 1, 1,63O reads as follows
 "Appeals from the rulings and decisions of tions of law arising on the trial of criminal eases may be taken by the State in the same manner and to the same effect as if made by the accused"
 The words "arising on the trial" are relied upon by the defense as limiting the right of appeal as stated.
 An examination of the history and judicial construction of QUO statutes substituting ap- peAls for former modes of relief shows the fsllacy of this claim. The original act (acts of 1882, p. 144), reads as follows:
 "All questions of law arising on the trial of any cause of action, civil or criminal, which may now be carried to the Superior court or the Supreme Court of Errors for revision by motion for new trial either for errors of judge or verdict against the evidence or for any other cause whatever, or by motion in error, shall hereafter be re- moved to such high court by an appeal from the court where tine cause or action was tried, and no motions for new trials or motions in error shall hereafter be allowed, but this act shall not affect writs of error or petitions for new trials"
 There the intention is unmistakable that by "questions of law arising on the trial" are meant all questions which could heretofore have been reviewed, either upon motions in has been the interpretation of the act by this court: Schlesinger vs. Chapman, 52 Conn.,, 272; Brewster vs. Cowen, 55 Conn.,, 152.
 The appeal presents the single question as to whether or not the defendant was, under the allegations of the complaint, an officer or agent of the town of New Haven within the meaning of section 1888 of the statutes.
 Omitting any reference to the effect of the distinct allegation In the complaint of an agency and conaning our consideration to the particular facts alleged to establish and define tho relation of the parties, we notice that the defendant was employed by direct authority of the town, that he was paid by the town, and that his duties appertainsd to the concerns of the town as such. His du- ties related to the care of the poor of the town and to the distribution of the funds of the town for that purpose. While 80 acting he was aiding the town in the performance of @ duty which is cast upon it in it's corporate capacity, (Revised Statutes, Sec. 32o5) and of which the selectmsn are made superinten- dents and overseers (Revised statutes, sections GA and 3,20o). The selectmen were inter- mediariss between him and the town and had the power of supervision and direction over him. But he WIS, nevertheless, acting for the public veal. He was assisting the town in the discharge of his public duty.
 In the brief of the defendant it Is suggest- ed that such an obstacle exists, either for want of power in the town to authorize the employment, by or under the supervision of the selectmen, of . subordinate to assist in the care of the poor, or for the inability of the selectmen to delegate that which was within the scope of Olerkin's duties. By statute the duty of caring for the poor is not upon the town. This obligation necessarily carries with 1t rights and powers commensurate with its proper performance. Tho town, therefore, in its adoption of reasonable ways and means to execute fits legally appointed duty in caring for its poor was not thrown was avsiling itself of powers granted by necessary eimpli0ation.
 Selectmen are made the superintendents of the concerns of the town and the overseers of its poor. Whatever may be said of the nature of their duties in certain features of them, we see no reason why the functions of Clerkin as they appear in the not have been lawfully exercised by him.
 It is urged by counsel for the defence that the term "agent" should in its application be restricted to embrace only those agencies which are specifically recognized by statute, and we are asked to hold that, as certain statutory agents, such as agents of town deposit funds, town agents, etc., are ex- oluded in the appellation. We fail to sp- preciate the force of the argument of ex- clusion.
 It ia also urged that, as the legislature has in one section of the statutes (section 1 1,68D provided for the punishment of an agent, it 1olloWn that ID the pnraseOlOGy or our statutes only agents of the first degree arc intended to be embraced within the general term. An examination of this section dis closes It's evident purpose, and whom its language is viewed In the light of this pur- pose, 1t will not be found to be inharmonious with the construction we place upon the word "agsnt."
 We find, therefore, that the defendant's employment was within the natural and or dipAry meaning of the letter of the statute; that 1t was within it's spirit Is manifest. Such being the case, we know of no rule of construction which requires us, in violation of the spirit, to restrict the letter from it's ordinary meaning to the narrowest of which 1t is capable.
 There is error in the judgment complained of. All the other judges concurred.
 STATE CORRKsPONDRNOE
 Woodbridge.
 Dec. 26.-A very interesting Sabbath school festival was held in the Congregation al church of Woodbridge on the evening of the 24th inst. MT. R O. Newton, the super intendent, and Miss L. o. Reecher, assistant superintendent, were efficient in preparing the exercises of the echool, and Mir. D. Bishop, the chairman of the committee on decorating the church, made 1t look beauti- ful.