Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-02-08

sideration at the regular monthly meet
ing of the board of aldermen Monday night
was the resolution appropriating $25.
600 for the electric light plant. This
sum Is for tho enlargement and cNtcu
sion of the system. The salaries of tho
license commissioners were discussed
but no action relative to them was
taken. EXorbitant hack charges were
reported to the board and several
minor matters, including the payment
Of bills, were disposed Of.
1000 FOR ELECTRICITY.
The members of the board OF electric
light commissioners We're present and
II communication from them was first
item of business. The commissioners
ind tho demand for service from the
municipal plant has exceeded their OK
p"ctations and, sooner than was an
! tcipat"d. it has become necessary to
proceed with the least possible delay
to add to the equipment of the electric
plant
! Ihc commissioners find that for an
approximate sum OF $4,000 the pres
!
| than doubled and they asked for an
| appropriation of that amount for the
enlargement and extension of the ia
ciliti"s of the plant
y resolution appropriatiug the sum
! 81 $4,000 was offered by Alderman
Morgan but before action was taken
chat rman Goodell OF the board Of com
miSSioucrS explained that within two
! days the commissioners could secure
enough subscribers to take tho ca
| pa'ilN OF the plant lie said that the
$2''"oo would add another engine aud
douhl" tho present capacity.
discussion followed during which
| it was. developed that the present en-
sinos had not been accepted by the
committee because they were not up
to the contract. The committee is con-
sidcring this question now.
The resolution offered by Alderman
Morgan was adopted by Il unanimous
vote. Tho resolution Goes not provide
" method for raising the money blt
dltcots the city treasurer to pay il to
the commissioners in such amounts as
they wish. Thr resolution was as fol-
lows; That the sum of $4,000 be
ANA hereby is appropriated by the CITY
OF burlington for the use of the cleo
trio light commissioners Of the city for
the purpose of supplying additional
equipment Tor the city electric light
plant and the city treasurer is hereby
authorized to pay from time 10 time
from TINS appropriation or from any
uncNpcndcd balance Of appropriations
made for the electric light plant sucn
bills for the extension, maintenance.
and operation of the said electric LIGHT
plant as arc approved by the superin-
tcnd"nt of said plant and by the cloc-
trio light commissioners of tho city
monthly statement approved by tho
said commissioners. az ali bills of the
department shall be submitted to the
board Of aldermen by the suporintcu-
dent of the city electric light plant"
LICENSE COMMISSIONERS.
Inc committee on accounts and claims
reported that they had considered the
matters of compensation for the license
commissioners and said: ON inquiry.
the commissioners state that their under
standing of the law is that they are
iontitlcd to per diem conversation for
parts of days spent at their office and
further that they Io not spend more time
in their office for which the city is
Charged than is necessary TO perform the
duties of the Office"
The matter was referred to City Attor-
ney Brown and his report accompanied
that of the committee. His report WAS
las follows:
CITY AT'rORN f,V'S RCpOrJ'
You have requested my written opinion
and Interpretation of the section of the
law bearing upon the subject of the com
pcnsation of license commissioners.
The section referred to is section 10 of
the acts OF 1904. which reads as follows:
"The compensation of the commission
sioners shall be fixed by the assistan,
judges not to exceed three dollars per
day for time actually spent, to be paid
from the general funds OF the town. The
accounts of members of such board shall
be audited and allowed in the same way
as provided by law for the auditing and
allowance Of accounts of town officers"
In this statute there is no ambiguity;
it is as clear and plain as the English Ian
guaGc can make it; nor can it be reason
ably claimed by the license commission
crs as directory, merely; since it is the
only legal fountain from which their COM
pensation can possibly flow.
Where unambiguous and not directory,
the statute should he construed strict
iuris, and a literal compliance with all
its provisions observed.
Applying this rule Of construction to
the statute in question here, it is obvious
that said license commissioners can only
be legally paid for their time actually |
spent" in the performance OF their Of
fetal duties
While it is true, in some cases. that
the law does not fractnuiIc Il day, |
yet here the legislature has provided and |
proper execution of the law makes |
imperative fractional division of the |
day, 50 that payment may be made agree |
ably to the towns of the State only for |
"tiulc actually spent"
Such n fractional division makes it |
obligatory upon said commissioners to |
so keep record of the time for which |
they rl9im compensation, that their |
claims can he intclligontly audited |
and allowed. And such record should |
show, not only the fun aud fractional |
parts of days actually spent by them.
hut Just what they did in their official
for which the taxpayers
should pay.
The words, "tmc actually spent are
not meaningless, nor can they he dis