The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1904-11-03
RIGHT OF
To Inspect the Books Of Muntc-
Qualities.

The subjoined article, from Case
and Comment, will have public inter-
est IN view of the Clement Graham
case pending in this State:
An unusually important case OH the
| right of a citizen and taxpayer to in
spect the books of a municipal corpo-
ration is decided in State ex rel. Well
ford v. Williams, 40 Tenn. $40, Ga
L. r. A.. AIS, rs S. W. 94S. 1t
holds that a taxpayer has an absolute
| right to make such examination, but
| that the enforcement Of that right by
mandamus is within the discretion of
the court, depending upon the show
ing of a proper case for the exercise of
| the right. The court declares that a
| citizen and taxpayer should he allowed
to make a general examination Of the
books Of the municipality when this
is important to the public interests,
| but that this should not be lightly
| granted or permitted with unnecessary
frequency, and that only a trustwor-
| thy and reliable person should be al
| lowed to make it. subject at all times
and at every stage to the supervision
of the court. The fact that an ordl-
nance requires a submission of the
books to the inspection of certain
| officers or committees, and that the
grand jury also has a right TO an in
| spection, ls held insufficient to defeat
| the right of a citizen and taxpayer.
1t is also held that the fact that the
person seeking the inspection is poll
! %tically hostile to their custodian does
not deprive him of the right, unless
it is sought with a corrupt purpose,
merely to further his animosity
Neither is the fact that it will pro-
duce worry and inconvenience sutfi-
cient ground for denying the right
Many cases in England and the United
States have dealt with this question.
In some of them the right has been
deemed to be an absolute one, but
most of the decisions, while conceding
that a taxpayer, by virtue Of his in
terest, has such a right to inspect the
records, nevertheless turn on the
sufficiency of the purpose for which
this is desired, and, as the court in
the case above says: In theory the
right of examination is absolute, but
in practice it is at last only a matter
Of discretion" Where the inspection
was desired for private, rather than
for public, purposes it has been de-
MED. When a citizen desires to make
such examination as to the proper ad-
ministration of public affairs and cor
rectiug any abuse that may be discov-
cred, some OF the courts hold that he
has Sufficient reason for such inspec-
ton by judicial permission, subject,
of course, to such regulations as will
prevent any interruption or interfer-
ence with the orderly course OF bust
ness. or any mutilatton or loss of the
recor Ia or documents examined.
The question is, in some States,
regulated by statutory provisions.
While there is sumo considerable va
rlety in the decisions respecting some
OF the instances in which the right is
claimed, yet in general the author
tiles, as shown by a note to the above
case, agree 18th the do 'trine there
laid down, that, while there is theo-
re,ically an absolute right to examine,
lis enforcement is to a considerable
d gI.e a matter of discr ton ALSO that
t must be exercised ind r reasonable
regulations.