USA > Vermont > The Vermont lease lands > Part 10
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37. Mr. Myrick, Secretary of State, informed the writer in an interview that there are "practically no records on the lands in the state offices." In 1804 the University of Vermont rendered a report to the legislature on its lands. Evidences of this report are to be found in the Assembly Journal for 1804 (in which the re- port is referred to committee) ; in the opinion of the Vermont Supreme Court in University of Vermont v. Ward, 104 Vt. 239 (1932), (which notes that such a report was rendered) ; and in the files of the University Land Office (in which there is a recent similar reference to it). No copy of the report is to be found either in the records of the Secretary of State, of the State Library, or those of the Uni- versity. There has been no subsequent report. For early state efforts to administer the lands, see the comments of the court in University of Vermont v. Reynolds, 3 Vt. 542 (1831).
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the mercies of what, for want of a better term, may be called amateur administrators.
In the case of those shares entrusted to the administration of the towns, the officials directly concerned would be the listers and the select- men. The listers (Vermont's nomenclature for assessors) are the point of first contact. They are the ones who are presumed to view the real property of the town, assess it for taxation, and list it properly so that the selectmen can propose a tax rate and the collector make the collec- tions. Under the provisions established for the quadrennial assessment report, previously discussed, the listers are responsible for locating and listing sequestered lots. Furthermore, it is obvious that they should be aware of those lots exempt from taxation if the taxable list is to be cor- rect. The selectmen are directly charged with responsibility for the care and preservation of these lands, their leasing, and the disposition of the avails to the respective uses.38
As has been suggested, the selectmen have no great interest in a vigorous administration of the lands, and there are to be found in- stances in which they are prodded into activity only by the insistence of the beneficiaries. In fact, in some instances the beneficiaries have assumed the administrative burden in order to procure the avails of the lands.39 The listers are not apt to have a great interest in an accurate record of the lands. Their pay is not such as to induce them to go to great lengths, particularly if the past has obscured the lands and a search of the old records would be required.40 Furthermore, it must be remembered that their real interest is in producing a list of taxable property, not a list of tax-exempt lands. Both selectmen and listers are elective officials and, as such, amateurs in such administration as the lands require. And, of course, election also means occasional discontinu-
38. P. L., ch. 146, secs. 3536-3539 ; ch. 188, secs. 4341, 4345.
39. In numerous instances in town reports, school land rents are accounted for by the school district treasurer's report. In two cases, the writer was informed by members of the school boards that they personally went out and collected current and back lease rents because the selectmen failed to do so.
40. The Forest Taxation Report, p. 15, has described this situation as follows : Under the Vermont form of local government the officials of the aver- age town are not full time office holders but citizens who run their town job in time taken from their regular work. Usually the pay of town officials is lower than the prevailing local wage rates. Thus time spent by listers and other town officials is done at an actual financial loss. In many towns there is even criticism of officials for spending too much time on their jobs. This situation has produced uneven appraisals, particularly of timberland.
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ity of administration with the changes attendant on elections.41 It might be supposed that the selectmen would have been more vigilant of the lands if the revenues therefrom had pertained to the town general fund and been of benefit to their official records. But even this is open to question in view of the careless ways of some beneficiaries which have administered their own lands. The state has provided no effective stimu- lus for or supervision of the work of the local authorities respecting the lands,42 and so the fate of the lands has varied from town to town and time to time.
A consideration of those shares privately administered brings to light a record no more admirable, but less explicable, because in these cases the quality of administration could mean a direct gain or loss of revenue. In the later sections of this study each of the public rights will be presented in some detail. For the purposes of this chapter, it should be noted that the practice has been to assign the administration of the lands to some individual as a part-time job providing him in some cases with a small addition to his income by way of fees.
The Diocese has entrusted its lands to the care of a treasurer or "state-agent." This is a continuation of the general pattern established by the S. P. G. when it wrote the various powers of attorney, estab- lishing the trustees of the lands, prior to the transfer of the lands to the Diocese. Briefly, the method has been that in the several sections of the state local agents have been commissioned on a county basis. Some agents have had a single county, some have overseen more than one.
41. The following is quoted, in illustration, from remarks made to the writer by Mr. Harvey :
There are many towns where the towns don't even know the school lands. Sometimes where there are buildings on the land the listers gradu- ally lose the distinction between the lands which are properly exempt and the buildings which are taxable, and come to listing the whole property. And then the whole thing, lands as well as buildings, is taxed as an ordi- nary piece of land. Then as time goes by and all this is forgotten, as differ- ent officials come in, someone wonders why this piece of property should be taxed so much lower than other pieces in the town, and the assessment will be raised and the town rate applied so that it will become just another piece of land in the grand list.
It might be wondered why the tenants permit this to happen. The tenants in many instances are no more aware of the status of the lease lands than the listers.
42. Again to quote Mr. Harvey :
"The state before 1931 used the town grand list for laying the state direct tax. The state naturally was not supposed to include the lease lands. But if the town erred and did so, then the state followed along since the state did not question or look into the town list."
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They dealt directly with the lands, locating the lots, arranging leases, and making collections. They reported and remitted to the treasurer or state agent of the land trustees who, in turn, remitted and reported to the Trustees of the Diocese. The only material change in this tech- nique is that within recent years, during the stewardship of Guy Wil- son of Bethel and his successor and brother Joseph Wilson of Mont- pelier, the state agent has assumed a more active role in locating lots and in making the leases. This change has been accompanied by a change in fiscal arrangements allowing the state agent mileage and per diem payments for time thus spent. The agents, both county and state, have been men of various vocations. The roster is heavy with ministers, but others have engaged in the land agency. The present state agent, Joseph Wilson, is an insurance man ; his brother, Guy, was an attorney ; one of the county agents is an architect. The general characteristics to be seen are that they are men in lines of endeavor which give them some stand- ing in the community and which give them some degree of control of their working hours. The latter would be essential in this system of administration so that the agent could visit lands and tenants.
Probably, in the early days, the arrangement could be justified by the problem of transportation and perhaps by the fact that commercial activities were then not so highly specialized and differentiated. But it has little else to justify it. In all the time since the lands were secured to the benefit of the Diocese, the agents have never succeeded in in- troducing a uniform method of reporting by the county agents; nor have they ever had in one place a record even of those lots which were supplying a revenue. Neither have they ever had a procedure for re- mitting which has been to the satisfaction of the Diocese. And after this great length of time they are still in the process of locating lots.43
The county grammar schools present much the same picture, al- though not to the same extent as the Diocese. They, too, utilize the spare time of an otherwise occupied individual, generally he who is elected to be treasurer of the board of trustees of the school. And again we find the lands being administered "when, as and if." It is probable that the grammar school boards had more success than the Diocese, in the early days, in locating the lots pertaining to them, partly because in each in- stance they had a much smaller area to cover, being concerned with only one county, and further because they may have displayed for a time a
43. In fact, the writer, during the course of this research, has had occasion to call Mr. Wilson's attention to certain lots of which he was unaware.
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greater energy. With respect to the latter supposition, it is generally accepted in the state that many of the grammar schools were organized as such for the primary purpose of gaining assignment of the lands. Indeed, in at least one instance an already existing institution changed its designation to that of grammar school with that intent.44
However, the later history of the grammar school land administra- tion does not stand up well under inspection. One feature of local cus- tom should be mentioned here as having been influential. It is that on such boards election, both as to membership and as to holding particular offices on such boards, is apt to amount to life tenure. In this program of research, various record books of board secretaries and treasurers were perused, and it was regularly noticeable that secretaries and treasurers, once elected, were apt to continue in those offices until they died. On the one hand this does, of course, allow of long periods of con- tinuity of administration, but too long continued it also exposes such administration to the frailties of senility.
The effect of. this policy was distinctly noticeable and sharply dem- onstrated in the keeping of record books-so much so that one could follow the aging process clearly. Generally speaking election to such posts as secretary and treasurer is by selection of a younger one of the board members, quite possibly a recently acquired member. The min- utes, or the treasurers' accounts, will exhibit vigor, both in the hand- writing and in the volume and detail of data recorded. As to the lands, the record book and accompanying correspondence generally display a fresh and earnest desire to put all in order-at least so far as spare time permits. Gradually, over the years, a relaxation appears. The minutes will still be relatively ample as to the general subjects presented, but details fade out. In the handling of the lands a more routine opera- tion becomes apparent-a simple receiving and receipting of such rents as come in, with no more than a half-hearted effort to enforce collec- tions or to maintain identity of lands. Still later, the records cease to be adequate even as to general topics, and this becomes progressively worse. The writer has read secretaries' minutes which would be worded approximately like this: "The board met and discussed various mat- ters." Years before, this same individual may well have covered several pages with careful reviews of the meetings. The accounts of the lands
44. The Washington County Grammar School changed its name from the Montpelier Academy in 1813 in order to obtain the Jefferson (afterward Wash- ington) County grammar school lands. Andrews, "Grammar Schools," p. 151.
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suffered in the same way. Finally, in extreme old age, the handwriting has become almost illegible and at last scrawls crookedly across the page without content of any value. This continues for a short period. Then one comes again to a meeting well and fully recorded. This minute will include the information that the old secretary has died during the year and a new one is elected. The same process is customary with the treas- urers.
All this is of the more significance for us when coupled with an- other customary procedure in Vermont: the tacit acceptance of the honesty of such officers, with the result that they ordinarily render no detailed reports nor are subject to such controls as audits and inspec- tions, except of the most perfunctory sort. The result is that the in- dividual entrusted with the care of the lands comes to be the only mem- ber of the board acquainted with them in detail, and there is no check on the status of the lands as the slackness of old-age creeps on him. Further, when he finally dies, his successor must start all over again since no one else knows the details. And with the inevitable inadequacy of the later minutes or accounts inherited, there is every chance that the successor will not pick up all the existing loose ends.45
One further local custom should be remarked at this point, one which constitutes in itself a serious hazard respecting welfare of the lands and is also related in its effects to what has just been described. It is the practice in Vermont for records to be in the custody of the officers responsible for them, physically as well as officially. In prac- tice this means either in the office or the home of the individual. This is so widespread and well accepted that even the basic records of local government, those of the town clerk (corresponding in other sections of the United States to those found in the county court house) will be located in the house or office of the person who is the clerk.46 It is easily understandable that this is so. Even today in most of the local jurisdic-
45. Mr. Joseph Wilson suggested to the writer that this problem constituted a justification for the county agent system used by the Diocese for the S. P. G. lands. He stated that he thought the "problem of succession" was a serious one and diffi- cult to handle. His view was that with the county agent system there is available someone to succeed the state agent who is not entirely ignorant of the business. The writer is not inclined to regard this so favorably after what he has seen of the records of the county agents.
46. In one instance, for example, in looking through town records during this research the writer did so at the kitchen table while the clerk, good housewife that she was, worked over her family's evening meal at the coal range across the spa- cious kitchen.
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tions of Vermont the volume of official business is slight and is hardly more than an avocation for the office-holders. Fees amount to little, and the official must proceed with his normal work, simply tucking in the official duty with it. Historically, this was even more true, and the prac- tice would readily have gained a firm footing. If this is true of govern- mental agencies, it is easy to see that it should be the custom for officers of such institutions as those which are being here considered.
It is apparent that this practice tends toward more informality in records than would otherwise prevail. It most decidedly contributes to loss of records and discontinuity of administration and in this respect is of consequence as an adverse factor affecting the identity of the lease lands. It makes much more difficult and uncertain the efforts of a suc- cessor of an old, long-time secretary or treasurer. This statement, as it stands, may leave questions in the mind of the reader of this study: in what ways can records be lost ; what sort of papers might be lost and of what significance would they be? And yet the statement has a definite and significant place in this study. It presents an important administra- tive fault and one which can be of influence respecting the usefulness of the lands as a device for implementing public policy. Consequently, it is thought worthwhile, even at some risk of becoming anecdotal, to support and illustrate the statement by presenting some instances which have been encountered.
Probably the outstanding incident of this sort is the case of the so- called "Hicks' box." This is a black tin container similar to a hinge- lidded bread box. It is filled with original land leases and other records of equal importance respecting the S. P. G. lands and is now in the possession of Mr. Joseph Wilson, the current state land agent, at whose home the writer inspected the contents. But for some thirty years its whereabouts was unknown. Hicks had been for a long period the state treasurer of the land agents and, in accordance with custom, had finally died in office. A successor was appointed who, as he became acquainted with affairs, ran onto references to the contents of such a box. He in- quired of the Hicks family but was told that they knew nothing of it, and there the matter rested. Finally, the home was sold. The new owner in rummaging through her new attic encountered the box and examined the contents. Fortunately for the records of the Diocese, she was a per- son of perception and recognized the value of the papers. After some inquiry she found that Mr. Guy Wilson was "in some way" connected with the S. P. G. lands and communicated with him with the result that
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after three decades the Diocese again possessed this valuable set of documents. It might be added that at the time the writer examined its contents, the box was kept in the basement of an old three-story frame apartment building completely lacking in any sort of fire prevention or protection.
Another equally illuminating instance is worth presenting. At the time of this writing the writer has on his shelves a volume which is the Records of the Trustees of Orange County Grammar School, covering the years 1807 to 1867. This is also a story of attic rummaging. Some time ago the writer's wife was dining in Montpelier. A young lady sat with her who was an acquaintance and who asked what we were doing in the town at the time. The writer's wife related the story of this re- search, whereupon the young lady volunteered that she knew of a book which she thought would be of interest. A friend of hers in cleaning out an attic had found the book and had preserved it instead of con- signing it to the bonfire with the remainder of the attic's accumulation !
Still other instances of the results of such informality in the custody of records were encountered. A few of these will serve to demonstrate the widespread effects it has had. Mr. Stewart Bryan of Montpelier, the present secretary of the Trustees of the Washington County Gram- mar School, stated to the writer that several presidents of the board had died recently and that "their records, if any, are still in their homes. I haven't yet collected them together." At that time, Mr. Bryan had held his office of secretary for some five years. Mr. Max Barrows, supervisor of secondary education for the State Board of Education, during the course of conversation on the subject of school lands said that there had been considerable difficulty in regard to the lands in one town because a treasurer there, defeated for re-election, became angry and burned all of the treasurer's records.
Even the state government has not been immune. In an effort to trace certain lands, reference was made to the records of the State Treasurer. The basement of the state capitol yielded up the volumes on land taxes for 1789, 1797, 1798 and for 1800-1816. The next succeed- ing records found were for 1861. Inquiry elicited from Mrs. Mary G. Nye, assistant to the Secretary of State, the information that the where- abouts of the intervening volumes was not known. They may have been consumed in the statehouse fire of 1857 or they may not. The reason for this uncertainty is that for a long number of years it was the prac- tice of the state treasurers to retain their records at their homes at vari-
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ous places in the state, bringing such records to the capitol during ses- sions of the legislature. Consequently, it is not known what records may have burnt and what records may have been lost at the homes of treasurers.
An additional aspect to this business of personal control of records should be noticed in a matter of psychology. The custodians of records come to look on them more or less as a personal possession. This has been noticeable in the frequent reluctance of town clerks to open their records for study or to supply information. Such reluctance, it was found, was not attributable to the unofficial standing of the writer. Mr. John C. Clement, acting curator of the Vermont Historical Society, stated that he had encountered the same attitude; and the officers in the State Board of Education were emphatic in their comments on the un- satisfactory nature of returns to their various questionnaires. It was found that even when town clerks were amiable respecting the use of their records, they frequently were of little help because they were un- aware of what they had. Few of them knew the nature of the contents of any older record volumes.
The University's administration of its lands would appear, at first glance, to be in a somewhat different situation from those categories just discussed. The University has, of course, regularly had its admin- istrative offices, including fiscal sections. The lease lands pertaining to that institution have been administered through the agency of one or another of the administrative officers of the University. This gives the operation the appearance of continuity and professionalism lacking in other administrations of lease lands. However, this appearance is mis- leading. Study of the records of the University shows that its lands, too, have been a sideline activity. Whatever University officer had them as a responsibility, had them only as an additional duty. Fairly recently, there has been established a Land Office, charged with the administration of the University's lease lands and other extensive realty holdings. At present Professor Butterfield, already referred to,47 is the Land Officer. He has devoted considerable time and effort to arranging records and data and attempting to clarify things. But even this arrangement is deceptive. The University affords a commodious, comfortable and well- equipped office, complete with fire-proof, combination-lock safe for the more critical records. It has appointed a Land Officer who is a capable and interested individual. And all seems in order. Yet, at the time dur-
47. Supra, p. 69, n. 20.
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ing which this study was carried on at the University, the Land Officer was little in evidence. His primary responsibility and practically all of his time and energy was directed to the task of veterans' affairs officer of the University! The University's record of lease land administration is little more satisfying than the records just reviewed. Indeed, one of the leading cases on lease lands in the state Supreme Court may be said to have arisen as a result of negligent administration of lease lands assigned to the University.48
The law respecting conveyancing of land in Vermont has contributed to the difficulty of the administration of the lands. The lease lands, as has been described, are normally leased for long periods, most, in fact, in perpetuity, barring the failure of the tenant to comply with the terms of the lease. Over a period of time, changes of tenants occur. Sometimes this is due to death, in which case the property will be received by in- heritance or will be sold. Sometimes it is simply due to the decision of the tenant to move and dispose of his land. It is not unusual in the course of such transfers for sight to be lost of the fact that all or some of the land involved is lease land. After such a lapse it sometimes occurs that warranty titles will be given covering the land which is properly lease land, along with other types of property.49 This is made the more possible because transfers of land are not always recorded and because in some towns the records are so poor or the clerk is so ill-informed that restrictions on the land would not be apparent when recorded. Finally, there is no requirement that, in the case of change of tenants of lease lands, the agency owning the land need be notified of such change. It must be remembered that the largest part of the lease lands is either
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