Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1846-10-22


vor of the petition of Geo. W. Strong and tthers,
with bill confirming the titles of the grantees OF
Jonathan Parker to Parkors Gore; ordered to
third reading From the ma orty Of the commit
tee on Elections IN favor Of the right of David
Bolster Of Mount Tabor to a seat in the House,
with a resolution declaring him so entitled.
statement of facts was made by Mr. Ayles-
worth of the committee, from which it appeared
that Mr. Bolster removed from Mount Tabor to
Landgrove some time about May 1915. and soon
afterwards his wife, and part at least OF his fam
ily. lie continued however TO carry on his farm
in Mount Tabor, and finally moved back to It in
March or April 1916 Mr. Stoddard moved to
amend so as to declare the applicant not entitled to
seat. After remarks by Messrs Stoddard and Mi
ner in favor Of the amendment, and by Mr. liar-
rington against the amendment was adopted by
vote Of 96 to 93. The question recurring on the
adoption of the resolution after further remarks by
Messrs Stoddard, Briggs, Miner, Walker, and llor-
rington of Middletown, it was recommited to the
committee for fnrter investigation of facts
Resolution. BY Mr. Stoddard, that committee on
Elections be authorized to receive oral testimony in
any case that may come before them for investiga.
ton. Opposed by Messrs Miner and Fairchlld,
as conf citing with the statute which requires
written evidence supported by Mr. Harrington.
Mr. Briggs thought that the statute was only de.
sirned to apply to cases of contested seats, and
believed the admission of oral testimony in the pres
ent instances would be no infringement of the stat
ute Mr. Harrington moved to amend, so That the
resolution should only apply to the present case:
carried, and the resolution was adopted,
Adjourned.
FRIDAY, October l6.
SENATE
Prayer by the Chaplain.
The President announced the appointment Of
Mr. Smith to Gil the vacancy in the Select commit
tee on the tariff.
Bills introduced By Mr. Cushman, in addition
to chap of r. s. so that the jurisdiction oil ser-
IFS may embrace the State. By Mir Smith, so con-
STRUNG the act of rs in addition to chap. 90 Of r.
s. that one copy of the writ for any nonresident
principal debtor left with any one of his trustees
shall be sufficient service upon such debtor BY
the same, extending the benefits OF chap 81 OF X.
S. to persons associated for the purpose of raising
funds for the support of INDECENT churches. BY
Mr. Harrington in addition to chap. % of r. S. SO
that when it appears in justice suit that the justice
is disqualified from taking cognlzance Tor any
cause, specified in the tenth section he may trans
fer the hearing to another Justice by Mr. Bradley,
authorizing secctmen, in case of the disability OF
any collector to finish the collection Of tax bill IN
! his hands, 10 appoint another. BY Mr. Rich, al
lowing appeals from decisions of Justice in cases
where matter in demand does not exceed ten dol
lars--all referred to the Judiciary committee By
Mr. Smith, directing the State Treasurer to pay
John Spa dng $l02, il being for Bennington Bank
and counterfeit money received by him while Trea-
surer referred 10 the committee on Claims. BY
Mr.. Chitlendcn, incorporating the Bank of Bran
don: referred to the committee on Banks.
House Bills referred. Incorporating the Chitten-
den Co. Inirmary to committee on Educntion.-
TO alter the name Of Charles Alfred Hills. To
constitute Adelia Sophia Barber her-at-law of
Ephraim Griswold - both to the Judiciary commit
tee.
Petitions presented. BY Mr. Burton, of Ira Davis
and others, praying for legislation to effccuate the
nj chorn of tbn Cfo
of the poor: referred to the Judiciary committee.
! Reports. BY Mr. Bradley, from the committee on
Banks, in favor of the bill, extending the charter of
the Bank of Burlington with an amendment, The
amendment was adopted Mr. Smith inquired how
long the present charter had to run. Mr. Bradley
replied that it would expire in two years that the
Bank having large debts to collect, would require
that length of time TO wind up its business. He
also submitted a statement of the distribution of
the shares eff the Bank from whence it appears that
there were 5000 shares and 50 stockholders. The
bill was recomnitted for amendment. BY Mr. Bur-
ton, from the Judiciary committee, IN favor Of the
bill amending chap. "a of r. S. so as to require
party applying for an Injunction upon Judgment
to execute a bond for the payment Of intervening
da images only and in case the injunction shall be
dissolved providing that II per cent. interest upor
+, judgment should be paid the plaintiff On motion
D OF Mr. Smith, the latter provision stricken out
D and the bill was ordered to third reading.
/ Mr. Foster, from the Judiciary committee, report
u ed bill re organizing the Judicial System Of TIN
d State providing for six judges, of whom four t.
be designated by themselves shall attend eac
: term of the Supreme Court to hear causes.
Mr. Foster remarked that the committee, after in
vestigation, found that no evils were necessar
inherent in the present system, but merely thai
owing to a combination of circumstances, bushes
in the Supreme Court had so accumulated as to re
quire temporary reinforcement of the BENCH
s. There had been several projects before the commit
tee proposing fundamental change, but the com
mittee after proper deliberation, had unanimousl
concurred in the policy of substantially retainin
the present system
Mr.. Villas said, that, as had been observed, til
grievance did not attach to the system ITSELF but
a temporary state of things by which the admins
tration Of justice was oppressvely delayed. On
Judge Of the Supreme Court had testified befor
the committee, that there was business, which nc
cessarlly had to lie unfinished, in every County i
the State, except Essex and Grand Isle. 1t ais
is appeared, that in Windsor County the business wa
three years in arrears, and in several other Cour
lies, at least one year. 1t further appeared, tn,
there was no prospect, with the present corps
Judges OF its becoming possible to clear the docl
cts of their accumulated cases though, he salts
fed,lf this were once done,the present Judges migl
under ordinary circumstances prevent the recu
renceof the evil. The proposed increase Of the benc
was contemplated to be only Of temporary duratio
M by adding as the bill did, one Judge to the e!
sting cumberland enabling four to sit upon issue
Of law, and two TO be concurrenty trying ISSUE
s. Of fact the dockets would be disencuubered
h two or three years, and then they might return
the present plan, which had been twenty-or
s. years in operation. Among other projects, the
or doplon or the circuit system had been proposed
%, constituting one tribunal to determine issues
law and another to hear issues of fact This schen
he thought highly objectionable. BY combining
bench o. Judges to one particular branch of dec
in ding legal questions they were liable to becom
ed addicted to distractions and fine-spun theories an
practically unacquointed with the wants and Il
to interests Of the people. Again the judges who OF
n y tried matters of fact would have great difficult
Sc, in long sustaining themselves. Sitting at nsi prii
TO- was by rar the most nvidious of judicial due
Sc, and upright and independent Judge, whose pro-
h. nce OF duty was confined to- particular sectio