Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-05-28
ATTORNEY GENERAL
RULES UPON JUNE
COURT EXPENSE
Holds State Treasurer Should
Pay Auditors Orders and
Charge to Future APP
preparation.

Montpelier May T.-An opinion has
been transmitted to State Treasurer Ed
ward II. Deavitt by Rufus f. Brown,
attorney-ge holding that it Is his
duty to pay the auditors orders cover
ing acquisitions for the June terms of
county court and to charge them against
next years appropriation. This matter
was left with the State treasurer to
settle when Governor Fletcher recently
extended the appropriation Of the depart
mcnt of justice which was then sub
stantially exhausted, to cover payment
of salaries of constitutional officers, etc.
Copies of the official correspondence and
opinion follow:
MR. GRAHAM'S LETTER.
Montpelier, VT, May 49, 1914
Hon. Edward II. Deavitt,
State Treasurer,
Montpelier VT
Dear sir
I enclose herewith copies of correspond
ence which has passed between the Gov
ernor and myself with reference to the
appropriation for the administration of
justice. This correspondence explains to
you fully the situation.
My own idea Of this matter Is that 1
have authority under section $50 P. S. to
draw the orders for the June terms and
draw them at sight instead of making
| them payable on the 10th day of the sue
ceeding month as provided by section 4l8
p. S., but think the question as to when
these orders should be paid and whether
they are chargeable to the appropriation
In effect July list next is for you to de-
eide in the first instance.
Awaiting your reply, l am,
Yours very truly,
HORACE F. GRAHAM.
Auditor of accounts.
MIR. DEAVITT'S REPLY.
May %. 1914,
Hon. Horace F. Graham,
Auditor of Accounts,
Montpelier, VT.
| Dear Sir:
Your favor of the 10Th inst. concern
ing the June terms Of county court was
duly received and shall act in this mat
ter in accordance with the opinion Of
Attorney General Brown, a copy Of whose
opinion dated on the 22d inst. Is herewith
enclosed. As you will note he holds that
it is my duty to pay the orders OF the
auditor of accounts covering the requisi-
lions for the June terms when such or
ders are presented for payment and tc
charge such payments against next
years appropriation for the administra-
ton of justice.
| Very truly yours,
EDWARD II. DEAVITT.
State treasurer
| THE ATTORNEy-GENE VIEW
Burlington, May %, 1914
In re expenses June terms of county
court.
Hon. Edward II. Deavitt,
State Treasurer,
Montpelier VT
Dear Sir:
have your letter of May 21st, regard
Ing the above matter. In reply you are
advised. that you can lawfully pay orders
drawn by the auditor of accounts priol
to June Goth, 1914, and carry the &C
count Of the same forward to the mex
fiscal year beginning July list. In M
other way can effect be given to the pro
visions of the law, p. S. 81 and espe
cially p. S $50 requiring county clerks
to make requisition for money to pay
court expenses specified ten days before
the term and requiring the auditor o
accounts to draw orders therefor which
orders shall he honored by the treasure
though chargeabe to the appropriation
for the next fiscal year beginning Jul,
LIST, 1t was the evident intent of thu
law to provide county clerks with fund
to pay court expenses as they accrue.
Very respectfully yours,
r. f. BROWN.
Attorney general