The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1893-04-28
HON. JOEL c. BAKERS OPINION ON
THE SEWER QUESTION.

of Bennington, DEAR SIR:-Mr. Mason
called upon me this morning, and sub
mitted the papers showing what had
taken place in village meetings, action
of the Trustees, and contract with Mr..
Allen, and in your name solicited an
opinion, upon the three following prop
ositions:
"Wbat was the effect and validity of
the votes of March 6, $685. of the village
of Bennington, on the subject of the
contract for building sewersP
SIS the contract legal and binding up
on the parties to it; and is it execution
such as to bind the village?
what was, and is, the effect of the
vote and resolutions of the village meet
ings of March 20, 1898, and especially as
bearing upon the aforesaid cOntract?"
These questions must be answered in
view of the construction of your village
charter and the general law of this state
bearing upon municipal corporations,
Villages differ in many respects from
cities, in their jurisdiction and powers
and from towns, so far as the Legislature
has deemed best to enlarge their powers
and prescribe a more particular method
of doing public business. A village
usually is subdivision of town, and
the ordinary officers of the town exercise
their usual jurisdiction in the village as
in the rest of the town, except as to one
or more special matters, given to the
village or its officers by special terms in
the village charter.
Bennington village is one of the Oldest
corporations of its kind in the State. In
| 1S49 it had charter and this form of
government. At the biennial session of
the legislature held in 1884, the act of the
incorporation of the village of Benning-
| ton, approved Nov. 3, 1919, and eight
other special acts of the law making de-
partment of the State, changing amend
ing or limiting this charter, were amend
ed and consolidated, so that the whole
| chartered rights of the village rested up
on the consolidated act. The powers
of the village as given to it by the legIs-
lature, aside from those specially emu
merated, are to enjoy all such rights, i'm
munities, powers and privileges as are
incident to public corporations. Among
the enumerated powers of the amended
charter of 1884, was that of constructing
sewers and drains. This power was to
be exercised by the Trustees, or a ma
jorlty of them, when authorized by a
vote of the village at any legal meeting
duly warned. The exercise of this right
included the taking OF private property
upon making compensation in the
manner pointed out, with the usual right
of appeal to the Courts, by the person
dissatisfied with the award of the
Trustees.
The amendments of 1892, do not effect
the general provisions of the charter.
excepting in a few particulars. 1t
changes the details for establishing a
system of sewerage, and constructing
sewers. The amendment does not en-
large the right or change the machinery
or methods for the establishment or con-
struction of sewers. but it amplifes the
authority of the village, and the Trus-
tees, by more specific directions as to
procedure, adds scheme for borrowing
money and issuing bonds, and inserts
the modern method of equalizing taxa
ton according to benefits, by assessing
abutting owners with proportion of
the cost of the sewers, as the trustees,
or majority of them shall determine.
Having carefully read the charter and
the amendment of 1892, | looked into the
papers submitted, and find that on the
24th day of February, the clerk of the
village corporation, issued call or warn
ing, pursuant to the request of five legal
voters of the village, for a village meet
ing to be held on the 9th day of March
1898, to act upon three articles, as
follows:
''lst. To hear the report of the com
mittee on sewers.
send. To see if the village will au-
thorize the construction of sewer sys-
tenn.
"3rd. To see if the village will au-
thOrize the raising of funds for the con-
struction of sewers, and If so, in what
manner"
This warning was posted in two public
places in the village, and published once
in each newspaper therein, at least Ten
days previous to the meeting, and is del
mite as to the time and place OF meet
ing. This was meeting legally warned
fol the purposes specified in the warn
ing.
The charter empowers the majority of
the legal voters present at any meeting
legally warned and held for that pur-
nose. to authorize and empower the
trustees of the village to establish, con-
struct and maintain a public sewer in
the streets of said village, and in and
through the lands of individuals and
corporations in said village. To be
legally warned and held, the warning
must be sufficiently definite and certain
in its terms to embrace the subject mat
ter of the desired action or vote; and if
this is indicated with reasonable certain
ty. and in such a manner, that no person
Interested can be misled by it, the pur.
pose of the statute is satisfied, and the
meeting is legally warned. When this
record is read in connection with the
three articles of this warning, there can
be no question but what the warning
was sufficient to authorize the votes actu
ally passed, and as the voters follow sub
stantially the statutory authority, they
constitute full and adequate warrant for
making such a contract, as are set forth
in the votes.
The sewer committee made report
ar this meeting of March 6, 1893, with
its recommendations in detail. An inn
portant part of this document was e
port on a sewer system for the town OF
bennington, Vermont, by W. L. McClin-
took, CIVIL Engineer. The meeting &C
cepted the report Of the sewer committee
| and voted that the trustees be author
lied empowered and directed to close q
contract for the construction and estab-
| lishment of public sewer in the streets
of the village and through the lands of
| individuals and corporations, according
| 10 the McClintock plan, with the lowest
| responsible bidder recommended by the
J sewer committee, and to close contracts