The Barre daily times. (Barre, Vt.) 1897-1959, 1904-09-24
P. W. Clement Thinks There
May Have Been Graft
in CARE OF STATE INSANE
Has Asked for Writ of Mandamus
Against Auditor Graham to Show Up
the Accounts Of the State
Insane Asylum.

Rutland, Sept. 23. Judge George M
Powers has issued an order for hearing
on the petition Of Pereival w. Clement
Tor writ Of mandamus against State
Auditor Horace +. Graham, commanding
him to exhibit vouchers on file in his Of
flee for moneys paid out from time to
time to meet department expenses. The
order institutes Graham to appear before
the supreme court on tbs fourth Tuesday
in October at Montpelier. The petition
Of Alr. Clement was presented by Sher
man X. Moulton Of the law firm Of
Cowles q MouIton Of Burlington.
The events leading up to this action by
Judge Powers began with the request Of
Mr.. Clement to Mr.. Moulton to examine
the vouchers on file at the state auditors
Office relating to expenditures, more par
ticulariy moneys paid out for the state
insane institutions at Brattleboro and
Waterbury
After putting Mr. Moulton off from
time to time Mr.. Graham finally I'M
formed Mr.. Moulton that he would not
allow the examination and that he did
not consider the vouchers public records
Mr.. Graham said that the statute pro-
yided that committee from the legis-
lature should examine them and that he
preferred to 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
in the operation of the insane institu-
tions and that he did not propose to have
the examination made until after the
committee had been appointed and de-
cided this point.
Following is the text of MI Clements
petition
Supreme Court, State OF Vermont
Percival M. Clement, petitioner, W.
Horace + Graham, state auditor Of ac-
counts petitionee
Petition for writ Of mandamus, Octo-
ber term, A. d. 1905
10 the Honorable the Supreme Court Of
Vermont, next to be holden at
Mntpelier, in the county Of Wash
ington, on the fourth Tuesday Of
October 1904
The petition Of percival w. Clement
Iof the city and county Of Rutland show
eth:
That Horace +. Graham 81 Crafts-
bury, in the county Of Orleans, at an
times hereafter mentioned was, and
still Is, auditor Of accounts 81 the State
of Vermont, and as such auditor ii was
and j. his duty to require all bills pre-.
sented to him for allowance to be as
tar as possible, with vouchers, which
shall be kept in his office, and all prop
er times and under proper regulations
70 exhibit said vouchers To the citizens
and taxpayers Of the State upon their
request. That the said vouchers are
public records. That your petitioner
desired to examine said vouchers, and
70 that end employed Sherman r.
Moulton Of Burlington, in the county OF
.Chittenden, his agent and attorney To-
examine said vouchers in his behalf
and to make copies of such part there
of as should seem advisable. That your
petitioner, by his said agent and attor-
ney, and personally, at divers times and
places, to wit, at Montpelier, Vermont,
on the goth day Of August 1904. and
at Newport, Vermont. on the "a day Of
September, 1904, and BY letters dated
and mailed August l6, September and
September 5, 1901, respectively. re
quested the said Graham to allow him
or his said agent and attorney to exam
inc the said vouchers; but the said
Graham, disregardine his said duty as
said auditor Of accounts, refused, and
still refuses, TO alio wyou petitioner or
his said agent and attorney to examine
said vouchers. That your petitioner
and his agent aud attorney were and
are citizens and taxpayers Of this state
That your petitioner verify believes
there hns been negligence and miscon-
duct IN the management Of the money
Of the state, and that he desired and re-
qnested the said Graham to allow the
examination Of The said vouchers as
aforesaid 70 the end that your petition-
en- might investigate the management
of the said moneys and discover such
negligence and misconduct and take
such action as BE should be advised to
correct the same, ii such should exist.
of which reason he informed the said
Graham.Ihat your petitioner was not
and Is not actnated herein by motives
OF idle curiosity, That yom petitioner
j. informed by counsel. and believes.
and. therefore, AYERS, that he has no
other adequate legal means of redress
except BY a writ of mandamus.
Whereof, your petitioner prays chat
writ Of mandamns may issue from this
honorable court to the said Horace f.
Graham, as state auditor 0f accounts,
commanding him that he forthwith, and
without delay, exhibit the said vouchers
on file IN his ofic to your petitioner Or To
his agents and attorney. That a ruIe OF
court may issue directing that the peti-
tion herein be returned 20 the supreme
court next to be holden at Montpelier, in
Washington county, on the fourth Tues
day Of October, 1904; and commanding
said Graham TO appear before said court
and show cause, il any he has, why the
prayer Of your petitioner should not be
granted and a writ Of mandamus be Isl