Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-11-15
LEGISLATURE OF VERMONT.
SENATE.
TuEsDAY, Nov. @, 1S4I.

tnat all sums OF money received upon lie whole
fund be applied to the payment OF the state debt
twice rend, and on motion Of Mr. Damn, laid upon
the table relating TO the grand list, reported by
Mr. Bartlett, with proposals of amendment, and
the Senate went into committee of the whole,
MIR Bartlett in the chair, considered the bill and
amendments, reported tho bill, with the amend
ments adopted in committee, and had leave to sit
again this afternoon.
The greater part of the forenoon was spent in
committee of the WHOLE in debate, upon mo-
ton of Mr. Crawford TO amend the I'd section
by adding after the word all, in the first line, the
word improved, so as to read, all improved lands.
Messrs Crawford Clark, Dana and Botlum, sup
ported the notion Messrs W ooster French, Sa-
bin, Eaton of w. Blodgeu, Fisk and Hatch, OPP
posing. Motion TO amend lost, ayes 6, noes 1871
The select committee on the subject of the mi
ltia reported bill in accordance with instruc-
tons, which was twice read and laid upon the
table.
Bill to pay Tappon Stevens the sum mention
ed ; twice read and referred 10 committee on
Claims Adjourned.
HOUSE OF REPRES ENTATIVES
TUESDAY, Nov g.
Prayer by Rev. MIR. Young.
Resolutions. BY Mr. Fulluin, requesting the
Governor to appoint I thursday the 25th inst. q
day of thanksgiving. Mr. Villas moved 10 amend
by inserting The first Thursday of December, and
after considerable debate Ivy Messrs Villas, Fullan,
Chandler of w. and others, the amendment
adopted, ll3 to 64 and the resolution adopted.
by Mr.. Da,i Of n. to procure n sufficient mum
Der OF copies of laws Of The U. 5. to supply the
state library, county clerks aud each town adop-
ted.
The auditor of accounts obtained leave of alb
scnce after Wednesday morning.
Contested Election.
MIR Dewey called up the report of the COM
miltee OF Elections in the of LOOMS " ellis
the sitting member from Victory, the first question
hon II m thp nf Mr. old Il arInr
ing tliot MIR. Wells is not entitled TO seat. The
report declares that Mr. Wells IS entitled to a
seat, although tho town is not legally organized,
for want of notice that his right would be con-
testedl
Mr.. PIentss of Irasburgh supported the amend.
ment arguing that notice is not required in cases
like this. when the sole question is either as to the
organization of the town or the eligibility of the
member. This view lie commended was in accord
hnce with the statute and with the uniform prac-
lice OF the House. both heretofore and at the pre-
sent session. Mr.. r. said he disposed to have
The report recommtled if il was desired, in order
to give the sitting member an opportunity 10 be
heard.
MIR. Cobb concurred in these views, if the
House were to be bound by the facts reported by
he committee ; but he wanted more facts.
\ r. Villas objected: the examination had been
ex pure, and there should be no further statement
OF facts until the member from Victory had been
heard. The committee had decided that Mr. Wells
was not hound 10 appear, and that, for want OF no
lice, he was entitled to seat. These MIR. V.
thought to he the only questions for the House TO
decide.
MIR. Hehard said the committee had not decid-
ed that the member from Victory was not bound
t, appear. lie did appear, and declined making
himself party to the examination, for the
hat he had not received legal notice.
Mr.. Cobb said the fact he wished to get at was,
whether Victory was de facto organized; beyond
tI,i IoA
lee could not 60 That fact they should learn.
Mr.. Griswold said the neglect Of the member of
victory 10 become pnrty TO the examination was
his own fault. On the facts found, Mr.. G. said he
could not vote to give Mr. Wells his seat.
MIR. Pierpoint sustained the report of The COM
nittee, and argued that distinction is or should
be made, rs to The notice, between cases where
the question is to the eligibility of members and
these as 10 The legality of their election Tie
reason for the notice existed equally strong in all
cases. MIR. Z. also commended that Victory was
as legally organized multitude of other towns
in the state.
Mr.. Chandler of p. deemed this to be ques-
lion simply to the right OF Victory TO be repre-
scented, aud no more required the legal notice,
than where the question was TO the eligibility
of q member, such as the case Of postmasters, or
OF persons who have not legal residence.
MIR. Dewey sail it had been claimed that the
hearing ex parte. The fact was, he said, that
The member from Victory was himself witness
before the committee, tesliiying to the records,
and that in fact the hearing was just such an
as would have been had if the hearing had not
been an er pdrte one.
| MIR. Shafter sustained the amendment. There
we're three things necessary, he said, 10 represent
tatIon III this House: LIST town entitled to rep
resentalive-2d proper person to represent the
town-and I'D proper election. All these par
iicuars were necessary to constitute proper rep
resenlution the failure in any one of these three
| 10 fnt N me he
decided that Victory not legally organized
| in fact then there was no corporation entitled Ell
Their to a notice or representative. If the sitting
member did not demand a re-hearing, Mr. 5. said
the House was bound, on the report Of the com
mittee, to say that there was no representative
from Victory.
The discussion was continued by Messrs Can
field and Adams Of 5. II. for the amendment, and
Mr.. Rice of ). against il, when
Mr. Cobb said the House seemed about TO dis
franchise n town. and that on an ex parte hearing.
tie denied the power of the committee OF cleo
lions To perperae this act; and above all, he pro-
tested against doing it without citing the corpora
ton tor herring. MIR. Cobb moved that the re-
port be laid on the table with the understanding
that it shall not be called up again this session.,
MIR. Fullam opposed the motion. lie wanted
decision by this House whether notice was TO be
required to every man who might come IN here,
claiming 10 represent the Cores aud unorganized
town OF the state. II The House was 10 decide
that such notice WAS required, then would it be
necessary to alter the law at once.
Mr.. Cobb said this WINS not The question: II was
whether the House should tstranclse a corpora
lion without notice.
Mr.. Dewey said il was impossible 10 notify
corporation which did not exist, and entered into
brief and spirited speerh against the motion
II this doctrine TO prevail, every inorganic
ed town IN the state might impose members upon
the House. He called upon the House TO adhere
to the principles heretofore established
MIR. Rice OF ). said there was prima Jaeia cv
dence of the organization Of Victory, and con-
tended that Victory therefore was entitled to no
lice and hearing.
The motion Of Mr. Cobb was ncgaiived ayes
~ noes l3.
MIR. Rice eff S. moved TO recommit for hear
ing of both sides; ayes SO, noes "a SO the mo-