Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1915-12-07

Office at the time the sinking fund was
first deposited had full knowledge that
it was in the Savings department of
the Windham County National bank
and the same has been allowed to re-
main as deposited for nearly two years
without objection on their part.
The defendant further claims that
under and by virtue of the vote of
the town set forth in the writ the town
treasurer alone is authorized to Dor
row money, which involves. of course,
the negotiating of loans, the MAX
ing of notes, and that the selectmen
have no power to pass over the same.
That the first seIectman was to count
ensign the notes involved was only
purely ministerial act on his part. The
defendant further claims does set forth
sufficient grounds for the issue of such
writ: that the funds of the town are
not jeopardized and that the town is
in no danger or loss from their being
deposited in the Windham County Ma
tional bank, the depository selected by
the treasurer.
The REALTORS brief sets up as to the
first contention that the town treas
ureT has the right, power and duty
to select the depository for the town
funds that the statutes neither by di-
rect provision nor by implication give
the town treasurer any such right. 1t
is clear, says this brief that the legis-
town treasurer has but the limited
power of receiving money and paying
out money upon order only and that he
keep a record of these two transac-
tons. It is clear that he has no dis
cretionary powers. He must receive
all of the money belonging to the
town and can pay it out only on the
order of proper authOrity-no discre-
ton on his part in any particular. His
is practically clerical position within
narrow and defined limits. He is an
employed servant a cashier, a book
keeper. His accounts are presented
to and adjusted by the selectmen. In
enumerating powers of a town treas
urer, many states expressly give him
custody of the moneys of the town, but
Connecticut statutes do not even give
that unless it is given by implication
upon him by consolidated" town
school committees, inferior courts, a
health officer and perhaps by others
in few minor matters, he can pay
out the towns money only on order of
the selectmen. He has no discretion
make notes to bind the town.
AS to the claim of the respondent
| that the selectmen have no right
power or duty to designate a deposit
tory for the town moneys Attorney
Harry F. Back and Charles Searls
| Connecticut case. Union VS.. Crawford
| the money which passes into the
| hands of the treasurer belongs to the
town. In the absence of specific in
structfons from the town, they manage
| its affairs, of which money is a very
important part. Is it not an absurity
| to say that the town treasurer can
defy the town speaking through its
| selectmen?'
| Relatives to the requirement that
the trust fund of Brooklyn be de-
posted in a bank resignated by Law
for the investment by trust funds, the
relator claims as a matter of law any
National bank is not such an institu-
| ton. The fact that two prior boards
! of selectnen of Brooklyn did not know
; OF such deposits In the savings de-
| partment of a national bank does moi
alter the situation. The boards die
not advise or consent to the deposits
| The present board has undertaken tc
straighten out this illegal act
In another paragraph of the REALTORS
| brief the fc~owing appears: This ID
an attempt 20 exalt the town treas.
| urer at the expense Of the selectmen
| who are agent of the town, so rec.
! ognized by statute, by the supreme
| court and by custom and usage. There
| would hleve to be very clear state.
ment in some statute or in some towr
| vote to take away from the selectmer
| the power which since 1921 has beer
| theirs and which since that year the
1 supreme court has recognized. NJ
doubtful or strained construction OF
| Interpretation of a. statute or towr
! vote should be allowed to take tht
place of an Interpretation in line with
| the historic powers of the selectmen
| but to deprive them Of such powers
the language should be distinct, un.
equivoca1 1rld admitting of but one in.
| depreciation. No such language ha.
been furnished from statute or towr
| vote for the respondent.
| John Tracys 10Th Birthday.
Several friends Of Misses Carrie and
Sadie Tracy gathered at their home
on Franklin street Sunday evening ir
commemoraticn of the seventeen
birthday of their father, John Tracy
! Refreshments were served and a very
sociable evening was enjoyed by all