Bennington semi-weekly banner. (Bennington, Vt.) 1894-1902, 1895-02-12


penses and to the payment of it's indebt-
edness. 1t belonged to the defendant
and not to its taxpayers, to be used for
these purposes. The defendant held it,
and had the right to the uncollected por-
tion of the tax for these purposes, and
for these purposes only. 1t was trus-
tee, created by law, for the accomplish
ment of State purpose, and for the ex-
ecution of the policy of the State of edu-
eating all the youth of its inhabitants.
The $3l3.45 which it received from the
town, as it's portion of the public money,
had been devoted and set apart by law
to the accomplishment of the same pur-
pose. 1t held this in trust for school
purposes. 1t came from the interest on
the United States deposit money and the
Huntington fund, and from the State
tax and town school fund. The whole
fund in controversy, under various laws,
was devoted to the purpose OF maintain
ing public schools. The defendant had
been constituted trustee by law, and
On April 1st, 1893, the defendant cease
to be such trustee. 1t only had power
left to settle its pecuniary affairs. This
empowered it to finish the collection of
the existing tax. Its power further to
carry on the purpose to which these
FUNDS were devoted was taken away.
To still carry on this State purpose, the
town was constituted single school C;is-
trict. The purpose for which this money
had been raised and to which it had been
devoted is continuing State purpose.
1t is still the policy of the State to edu-
cate all it's youth. They are still its
benefciaries. 1t needs, to carry forward
this purpose, all the money which has
been devoted to it. The defendant, a
legal entity, created by law to carry for
ward this State purpose, though COM
PEELED by the State to create part of the
fund in controversy, has no right nor
power to divert any of it from the pur-
pose to which the law has devoted it.
BY Acts 20 and q of the Laws of 1892,
the Legislature has provided that the
defendant shall cease to exercise the
function of public educational trustee,
and the town is created such public trus-
tee, charged with the duty and given the
power to carry on the trust. 1t has be-
come the legal successor and trustee in
place of all the school districts into
4, l., L.
divided its territory. Here the Legis;a
ture has created the successor, and the
work of the trust is being carried for
ward by it. The eduation of its youth is
State work, created, controlled and ell
forced by public laws. 1t follows neces-
sarily that the Legislature has the right
and power to determine when, how and
by whom its work shall be carried on;
to change the agencies it has created,
and TO control and direct the expendi-
ture of any unexpended fund it has
caused to be raised for such purpose.
Unless controlled by the act of the Leg
islature making the change, the newly
created trustee generally takes the trust
fund in the hands of its predecessor,
whose function to carry on the trust has
been taken away. The Legislature in
making the change has made no specific
provisions in regard to trust funds left
unexpended by the old school districts.
The right to expend the funds on hand
and those which may be realized from
the uncollected portion of the existing
tax is taken from the defendant. That
right has passed to its successor, the
plaintiff. Hence the plaintiff is entitled
to recover the fund in hand and what the
defendant may realize from the tax
which remains uncollected The power
reserved to the defendant, for the SET
tlement of its pecuniary affairs" gives it
the right to enforce the collection of the
remainder of the outstanding tax
When it has completed the collection of
this tax, and paid the fund then in hand
over to the plaintiff, its functions will be
performed, and, under the terms of the
act, it will cease to exist.