The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1891-04-02

The Supreme Court has recently rem
dered decision that is of vast impOr-
lance to every town in the State, and it
is proper that the law, as it is now set
tied. should be thoroughly understood
by every citizen. From the earliest his
tory of the State our Pauper Law has
been fruitful source of litigation be-
tween towns, and quite large amount of
money has heretofore been expanding III
Contesting, constituting and settling the
law prior to 1886. Before the session of
the Legislature of 1886 the law recog-
nized two classes of paupers, termed res
IdenC and transient paupers, and there
was further distinction attached to the
class called residents. That class ga ned
Il distinction by remaing certain num-
Der of years in certain town and there
by gained what was called legal settle
ment. After having gained a legal set
Element i'll town, the pauper retained
il in that town until another was acquired
by like subsequent resident in another
town. The transientpaupers were those
who required help when absent from
home in another town, and were sudden
ly taken sick or disabled so that they
were unable to return home and obtain
the required assistance.
In the case of the pauper who had
come to town to reside, and had legal
settlement in another town, an order of re-
mOval was resOTted to him to return to
his own town of legal settlement; and for
the support of transient, the town fur
nishing the aid might maintain an action
against the town where the pauper had
his legal settlement. The Legislature of
1886 made radical change in the PaupeT
Law. 1t abolished the whole of chapter
l3j, relating to the removal of paupers,
and substituted for the words illegally
settled" or illegal settlement" the word
residence" and retained the transient
law as it was before, with additions and
Improvements.
Since the passage of the new law, the
people, the lawyer and the Judge have
been puzzled to know what it meant, and
a large number and variety of suits
have arisen. The new law abolished all
derivative settlements and took away the
right of removal, hut retained the right
forecover the aid furnished the transient
1t was contended that by virtue OF sec
ton l3, No. AZ, of act of 1886, all persons
were transient in town until they haC
reaided therein three full years. Severa
cases went to the Supreme Court, but
this question was not raisep or settled
Three cases were pending: Newport VS.
Highgate, New Haven VS.. Mlddlebury
Chittenden VS.. Stockbridge, and all wer,
involving the same question. At tn,
February term of the Supreme Court a
Middlcbury, the lease of New Havel
Us. Middlebury was heard and the sub
iect was referred to all the judges. AM
they all concur in the opinion which ha
lately been handed down by Chief Jus
tice Ross in that case.
Under the law as it now stands it j
the duty of every town to support al
paupers found or residing in a town
and one town cannot maintain an actio
against another for the support of
pauper residing therein. The learne
Judge briefly disposes all questions as t
transient and residentpaupers and define
the two classes as follows: 1.-The latte
describes the person at rest in town
while the former describes him in hi
passage through or across it." No bette
or more simple rule could be laid dow
as a guide to the people of the State I
distinguish between the two classes.