Norwich bulletin., 1915-12-31


 ed by SeIeetmen.
 The following are excerpts from the memoranda of Judge Gardiner Greene hled in the superior court here Thurs day. on the Brooklyn madamus case:
 Relative to the question whether the town treasurer has a right to exer- else a reasonable discretion as to the place of deposit of the town funds or whether it is his duty to deposit them in place of deposit chosen by the se- lectmen, Judge Greene says in sub stance:
 Not SeIectmen's Clerk.
 Tie treasurer is not appointed by the seleCtmen, but is elected by the voters of the town. He is not the se- .ectTen's clerk. but an officer of the town. He receives all money belong ing to the town and pays it out on | order Of the proper authority. Between | the receiving and paying out of the l town money it is in his custody and | he is responsible for it. He is obliged | by statute to give a sufficient bond for the faithful discharge of his duties | One Of the most important duties of | his office is to keep the towns money | safe. As he is bound to keep the | money safe, and is responsible for it. | it seems a reasonable inference from | that duty that he should be permitted | 10 use a reasonable discretion as to | the place where it should be kept. | There is no provision of the law to the | contrary, and it would require quite an explicit one to make it appear reason- | able that a man charged with the safelleeping of money should have nothing to say as to the place where | it should be kept.
 There is no question raised in this | case as to the safety of any deposi- | tory used by the treasurer or selected by the selectmen.
 The Second Point.
 Or the second point, relative to | where the sinking fund of the town of Brooklyn shall be kept this fund l formerly deposited in the Brooklyn Savings bank, but during 1914 and 1915 kept in the savings department of the | Windham County National bank, l Judge Greene says in part:
 | This pONGt raises questions of a diff l fere1t kind from the first point We deal TO longer with the interpretation 1 of vote of the town. It is not claim ed shat a treasurer may deposit a spec ial fund where he pleases. in spite of vote of the town instructing him what to do with it. The dispute is as to tn emeaning of the instructions given by the town.
 The investment of trust funds would
 naturally be made in some institution or security approved by the state for
 the investment of trust funds. The
 tcwC has expressly required such ar
 investment. The annual sums are tc
 be invested" in some proper savings
 bank or other institution, or security . 1 designated by law for the investment
 of trust funds. A national bank is not an institution
 designated by law for the deposit O trust funds as an investment. |, The vote (relative to the sinking fund) further required that the annu , al sums should be invested with tn . | advice and consent of the selectmer = | IL vas the very plain duty of tn q | treasurer to ask this advice of the SC lectmer as to his investment, and [ , | make none without their consent Tn U fact that former selectmen took no ac r tiOn to change an improper investmen n of which they knew. but to which the :, did not consent. does not stop tn o present board of selectmen from actin n to enforce the will of the town as ex a pressed in the vote.
 [ Third Point Involved. Discussing a third point relative { T notes and loans and one note in par e ticuIar of Sl0.00O, which came due 6 u the Windham County National bank O
 November 15. and which has since re d mained overdue and unpaid as a re = suit of the controversy as to author t' ty between the selectmen and treasuI
 CT of Brooklyn, Judge Greene says i Q. part:
 1f The treasurer, we have seen. is a is elective officer, and not appointed b ,. or subject to. the selectmen. At tt 1f same time his duties are limited cor le sistinE mainly in receiving and safe l. guarding the funds of the town payir Is them out on orders of the selectme 1f or other proper authority. and keepir al a record of receipts and disbursement r. Selectmen's Rights. The selectmen. on the other han 1+ superintended the concerns of u | TfNyn~F nd 70 fret ga1a l. III offiCio town agent. The selectmC to have to adjust and settle all clain 1e against the town. The $1O.0OO no
 was an important claim against il 70 town, and the arrangement for its pa, -v ment would have been a duty of tl ,e selectmen, if the town vote had n 1e been passed. With these facts at mind, 1t seems to me that the town, Ie expressly providing that no note mat ,d by the treasurer should bind the tow off unless countersigned by the first S r. dectman, meant to leave the arrang al ment of the new loan with the selec <- men, where it belonged. In oth n. l words, the treasurer as custodian S. the town funds. was to sign for il
 town such necessary notes as the fir <- selectman, the town agent should a, re prove and countersign.
 1- The motion to quash is sustained . y, to rart one of the alternative WI es and overruled as to parts two al ed three thereof. m NorwaIk.-The inmates of the Fai
 field county home and other childrt