State v. Inhabitants of Logan
State v. Inhabitants of Logan
Opinion of the Court
The opinion of the court was delivered by
At a special town meeting of the voters of the township of Logan, in the county of Gloucester, held on the 1st day of June, 1895, the following resolutions were adopted, viz.:
“ Be it resolved, Whereas Captain John F. Truitt having faithfully served the township of Logan for past nine years as collector of taxes, and proved to be an efficient officer, who, by his continued efforts each year, collected the taxes assessed, with but a small amount of uncollected taxes remaining unpaid, which is a record that cannot be excelled in any other township in the county; therefore be it
“Resolved, That the report of the auditing committee be received, and that the committee be-discharged; and be it
“Resolved, Inasmuch as the said collector has annually made his statement to the township committee showing his
On June 11th, 1895, at a meeting of the township committee, in accordance with this resolution, the township committee, by a unanimous vote, executed a release and receipt to the collector, and he executed a release and receipt to the township.
This writ is sued out to review the legality of the resolution and the subsequent action of the township committee.
The facts appear to be that Truitt had been the collector of the township for nine years. Each year the township committee had audited his accounts as correct.
At the annual town meeting held on March 12th, 1895, a committee of three was appointed to audit the accounts of the township and make its report at the “next township meeting.” In the proceedings of the town meeting making this appointment there appears to have been no limit placed upon the committee as to the extent of their examination of the collector’s accounts. On May 18th, 1895, the committee announced in a communication to the township committee that they were ready to make their report. On the same day the township committee directed the township clerk to call a special town meeting. The township clerk, on the same day, in accordance with the statute, called a special town meeting .for the 1st day of June, 1895, stating, specifically, in the notice that it was called for the purpose of hearing the report of the auditing committee appointed at the last town meeting to audit the accounts of the township and to take action thereon. In accordance with this notice a special towm meeting was held, at which the foregoing recited resolution was adopted. ' :
The report of this auditing committee was presented, to
It will again be noticed that his yearly accounts covering this period had been audited and passed by the township committee, and it is quite obvious that grave doubts arose in the minds of the voters at the town meeting whether he was
The report was first passed upon by the town meeting which adopted the resolution. The township committee, both by its own action and also acting in accordance with the resolution, audited his accounts, passed them and acquitted him by formal release and receipt.
The question arises, then, whether, under the circumstances, the resolution of the special town meeting and the subsequent action of the township committee can be sustained.
The- first objection, is that this resolution is illegal because it was adopted at a special town meeting. It is clear that the formal call for the meeting was explicit as to the object, and sufficiently broad to include the action taken. It is equally clear that any of the powers or duties conferred upon the township government can be exercised or performed as well at a special town meeting legally convened as at the regular annual town meeting. This is expressly provided by the fifteenth section of the general act incorporating tow'nships, designating their powers and regulating their meetings. Gen. Stat, p. 3584, § 15. The special meeting, therefore, was the a next township meeting ” to which the report could be made, and so far as power is concerned, was as well entitled to settle the collector’s accounts as any other town meeting. If the collector was required to account to and settle with the township committee (Gen. Stat, p. 3288, § 39; Id., p. 3583, § 12), then those requirements have been fully complied with. His accounts have been settled and passed, both at a regular town meeting as well as by the township committee, and so far as the formality of the auditing, stating and settlement of his accounts are concerned, there exists no irregularity whatever. Rulon v. Woolwich, 26 Vroom 489.
Neither can there exist, under the circumstances of the case, any doubt of the power of the township meeting, and the township committee, as the governing body, to audit and adjust the accounts of the collector. The inhabitants of the
In this case there was a bona fide exercise of power on the part of the township meeting and the township committee in the settlement of the controversy or dispute between the collector and the township authorities. No question has been raised as to the bona fides of their action. Bradley v. Hammonton, 9 Vroom 430; State, Lewis v. Board of Freeholders, 8 Id. 254; Rulon v. Woolwich, 26 Id. 489.
The resolution and the action of the township committee are affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.