Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1894-12-21
Judge Isoss's Opinion.


Judge Ross's opinion.
In this action the town Of Barre IN it's capaci
ty as a school district seeks To recover from
school district No. l8 In Barre S4GG.5i and what
may be realized from $500 uncolected taxes. To
recover the latter, eXcep, for the agreement OF
the parties. this form of action, assumpsit in the
common courts. would not be applicable The
case mas teen made M. and the facts agreed up
on. including the uucollected taxes. TO enable the
parties TO obtain the opinion of this court. with
reference to the relative rights of the parties 10
the fund m c0ntrovers' Prior to the passage Of
acts numbers ~ and 81 of the laws of 1882 the
defendant had been school district IN tine town
OF Barre These acts took effect April !. 1898
The defendant then hau money collected by tax
duly assessed upon tine inhabitants of the dis
trlct, for detrayiug current EXPENSES and the
payment of the Indebtedness OF tine district. to
the an cunt uf sli3 .. and there still an
amount of S2Ou OF their tax unsolicited II also
had m money S3l5 a. received from tine town. on
the division OF the public school money. 10 was
indebted SllOl for the land on winch its school
house stood. and for erecting and repairing its
scroolhous- The defendant claims the right 90
return the $685., 90 the tax PAYERS m the dI~-
trict pro rata, and to have tine residue of the
uncoliected. The plaintih claims this fund, in-
! Guiding as we'll what the defendant can reallz-
from the uucoIected taxes 10 be used III the
town. Tor school purpose
AS early as 1881. the iegisiau re provided that
J every town should maintain one or more schools
therein for the instruction OF tine Young The
town given power 10 divide It's territory INTO
such a number Of school districts as 10 might
! deem necessary To furnish the required instruo
/ ton Each school district became "a corporation
It's sole power and function 10 provide the re
/ quirel instruction to the Young OF all CLASSES
only Tor That purpose could % assess taxes Inc
acts OF 1872 declare that all such school districts
shall no iona lst. except tor the settlement
/ of their pecuuiary affairs. ana constitute each
/ town into single district. Tor school purpose
These acts contain no specific provision IN regard
| u the settlement OF SUCH pecuniary Affairs
| They provide that the town shall take charge of
all the school buildings and school property. and
assume ana pay all debts outstanding, incurred
for the purchase OF land and the erection and re-
/ pair of schOolhouses
The moneg which the defendant had Aprn j.
/ 1898. coming from It's own tax and what IL should
4 realize from the uncOliected taxes, had by law
and the vote of the district been appropriated TO
deira ing its current expenses, ana TO the pay
! ment of It's indebtedness Il belonged TO the de
PENDANT. and not to its tax payers, TO be used for
! these purposes. The defendant held IT, anu had
he right 10 the uncolleCted portion Of the tax
/ for these purposes. ana for these purposes only
! II was a trustee. created by law. for the accom-
! plisnment of a state purpose and for the execu
/ ton Of the policy OF the state OF educau ting all
/ the youth of its inhabitants The S3l3 IS, which
! It received from the town. its portion OF the
/ public money. had been devoted. and set apart by
/ law, 10 the accomplishment OF the same purpose
1t held this in trust for school purposes Ii came
from the interest on the United States deposit
} money. and from the Huntington fund. and from
/ the state tax and town school fund Tie whole
! fund IN controversy, under various laws. was de-
/ schools. The defendant had been constituted
trustee by law. and ned the fund for this single
purpo.e. Il could not lawfully divert 1t from
/ Howe VS. school district Vermont sd9
ON April 4. 1888. the defendant ceased To ue such
trustee 10 oulv had power lett TO settle its pecu
/ mary affairs. Tins empowered II To- finish the
col ectiou OF tine existing TAI Its power further
/ TO carry uu the purpose, 60 which these funds
were devoted, was taken away. To still carry on
/ tnls state purpose tne town was constituted
single Soho j district The purpose Tor which tins
1 money had been raised ana 90 which II had been
! devoted d. a continuing state purpose. What
might nave been the right OF the district return
tins fund 10 tine taxpayers, If the state nau abau
doneu. and had no longer continued ana enforced
/ the policy Of educating all It's youth is not pre-
seut-d ana need not ne considered. IL is n q poi
icy of the state To- educate all IT'S youth They
/ srll lis benenCiarirs II needs, TO carry forward
TINS puri ust, ali the money which has ut,rn utNul
/ Ell 10 70. The defendant legal entity, created
I 10y law. To carry forward this state purpose
/ though compelled by the state To create part uf
TO divert any OF It from tine purpose 10 which the
! law mas devoted
iature mas provided that the defendant shall cease
/ 10 exercise the function OF public educational
trustee and the town Is created such public trustee
charged Win tine duty. ana given tine power TO
| carry on the trust Ii has become the legal sue
cesSOr ana trustee. m place of all the school dis
/ tricts. INTO which, under the law heretofore. it
! had divided It's territory. This Is not cas-
where the legislature as IN Montpelier vs.. East
Montpelier ~ VT. 1u4 and y VI. u. has dissolved
one entity. charged with trust duty. withou,
/ proVuiuE another trustee 10 carry forward and
administer the trust, so that court Of equl
must needs be resort. 20 10 appoint the trustee
Here the Legislature mas created the successor
ana the work OF the trust is being carried forward
q 10y IT, The education OF its youth Is a state work
! created. controlled and enforced bv public laws
1t follows necessarily that the legislature mas the
right and lower To determine when, how and by
/ whom IT'S work shall be carried On: 10 change the
agencies It mas created; ana 10 control and direct
the expenditure Of any uneNpenued fund II has
/ caused to be raised for such purpose SO are the