The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1904-09-29
STATE AUDITOR CALLED

An evening despatch from RUTLAND
to the Free Press sets forth shat:
Judge George M. Powers has issued
an order for a hearing on the petition
of Percival W. Clement for a writ Of
%mandamus against State Auditor,
Horace f. Graham, commanding him
to exhibit vouchers on file in his Office
for moneys paid out from time to
time to meet department expenses.
The order cites Graham to appear be-
fore the Supreme Court on the fourth
Tuesday of October at Montpelier.
The petition of Mr.. Clement was pre-
sented by Sherman r. Moulton of the
law firm Of Cowles & Moulton of
Burlington.
The events leading up to this action
by Judge Powers began with the re-
quest of Mr.. Clement to Mr.. Moulton
to examine the vouchers on file at the
State auditors Office relating to ex-
peuditures, more particularly moneys
paid out for the State insane i%nstitu-
tions at Brattleboro and Waterbury.
After putting Mr.. Moulton off from
time to time Mr.. Graham finally in.
formed Mr.. Moulton that he would
not allow the examination and that
he did not consider the vouchers pub
lie records. Mr.. Graham said that
the statute provided that a committee
from the Legislature should examine
tho uCnOhoru onA that ha nroPorrod 60
have no one examine them until this
committee had done so. He further
stated that Mr.. Clement had told him
that he believed there had been graft
for the insane and that he did not
propose to have the examination made
until after the committee had been
appointed and had decided this point.
Following is the purport of Mr..
Clements petition:
That Horace F. Graham is auditor
of counts for State of Vermont, and
his duty is to require vouchers for all
bills against the State which shall be
kept in his office, and at all proper
times and under proper regulations to
exhibit said vouchers to the citizens
and taxpayers of the State upon their
request. That the vouchers are pub.
lie records. That the petitioner de-
sired to examine the vouchers, and to
that end employed Sherman r. Moul-
ton of Burlington, in the county of
Chittenden, his agent and attorney,
to examine said vouchers in his be.
half, and to make copies of such
part thereof as should seem advisable.
That the petitioner, at divers times
and places, requested Graham to allow
him or his agent and attorney to ex-
anime the vouchers; but Graham,
~disregarding his duty as auditor of
accounts, refused, and still refuses,
to allow the petitioner or his agent
and attorney to examine the vouch-
ers. That petitioner verify believes
there has been negligence and miscon-
duct in the management of the money
of the State, and that he desired and
requested Graham to allow the ex-
animation of the vouchers to the end
that petitioner might investigate the
management of the moneys and dis
cover such negligence and misconduct
and take such action as he should be
advised to correct the same, if such
should exist, Of which reason he in
formed Graham. That your petition
er was not and is not actuated herein
by motives Of idle curiosity. That
your petitioner is informed by coun-
sci, and beliveves, and, therefore,
AYERS, that he has no other adequate
legal mean of redress except by a
writ OF mandamus.
The petitioner prays the court for a
writ of mandamus commanding the
State auditor to exhibit the vouchers
on file in his Office to petitioner, his
agent or attorney that a rule of court
may issue directing that the petition
be returned to the Supreme court, at
Montpelier, on the fourth Tuesday of
October. and commanding the State
auditor to appear before said court
and show cause, if any he has, why
the prayer OF your petitioner should
not be granted and a writ of manda-
mus be issued and that notice be
given to the petitionee by delivering
to him u copy of the petition and or
der on or before the twentieth day of
September, 1904. and that answer be
made by the p%etitionee on or before
the fifth day of October, 1904; and,
unless the facts herein be therefore
agreed upon by parties hereto, hat
testimony be taken in the form of
dispositions.