Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1848-02-18
For the Burlington Free Press
THE VERMONT AND CANADA RAILROAD.
COMPANY"

COMPANY"
In behalf of this Company, it having been repeatedly
claimed that the amended charter coniers the right Of
diyerging not only from the main route, defined by
that instrument before that route s either ascertaned
completed, bu, ofbuiding bridge across the navi-
gable waters of Missssque Bay and as explorations
and surveys to that effect said TO be in progress
fit occasion has arrived to examine the merits of tina,
claim.
Beginning, them with the title of the act or charter
Incorporating this Company, is it the Vermont and
Ogdensburgh, or is it, as it reads The Vermont and
Cd"ada Railroad Compony"l 1t would certainly
seem to be the latter, particularly when taken in con-
nectlon with its enactng clauses. The first section
provides that Railroad may be built from some
point IN llghgate, on Canada line thence through the
village OF St Adams to the village of Blrlington"
and also, road from some pont in the oforesa,d
ro"te, to some point on the western shore of Grand
ls'e county, Again, section two provides that I'M
less within fixed period tie road" shall be conple
ted, as to connect the Southern and Central routes
with Cdadda Hnc,' the charter shall be void
Again. IN sections and the completion OF the road
Is alluded to; and again, A. the Directors are to
determine the best route Tor road between IN,
points mentioned"
Under this act, where are " the points mentioned
if not " in Hghgate on Canada line" and the viii
repetition Of the words, the road and with Canada
line refer, unless it be the line of road between those
| points, Surely, it would that language is inca.
plble of defining any fact with greater certainty.
This, therefore, Is, to all ncntS and purposes, to bo
| considered the main route
Until then, these plain provisions of the charter
shall be complied with it is manifest that there be
no branch, or tap in the direction of Grand Isle Coun-
~. Where will be found any point in the aforesaid
route, until that shall have been ascertained and
completed, conomably to the provisions OF law Can
there be branch without Parent institution Or,
can there be tap OF non-existng railroad If SO,
where it is asked, would in this be the starting
point
In defiance, howe yer, Of these preliminary require
mcnts, and however strange it may appear, the ST.
Adams and Montpelier press, and various individuals
in interest, very gravey pretend that this amended
charter coniers not only the ght OF building the Gran
Isle County branch, without reference the compile
ton OF the main route but of bridging the navgable
waters OF Mssisque Bay, Considering that the first
branch OF this proposition has already been disposed
OF, it only remains TO examine the validity OF the lat
ter.
IT, them this latter right is to be found ALL it mus.
be looked for i'll the original charter for one in
his right senses, be fool hardy seriously to
! contend, that the amendment merely striking out,
+ e by consent OF the Company, the words passing
across the sand bar South Hero can confer any
such right. Is it, then, contained in the original char
ter and if why did this very Company apply the
last Legislature for such power, By the presentation
5 of bill Tor that purpose, containing all the requisite
guards and securities well for the public indvld
e ua!s Perhaps the ingenuity sophsiry OF these pre-
y tenders can obyate this manifest absufdiy.
II And what order, it is asked did the Legislature
i take on this Alarming application for leave 70 disturb
the free navigation OF the OF the Lake. and thus
l. 10 flow all the low lands its borders After all the
a log rolling which could be brought to bear on the
SUBJECT ny respectable majority, particularly in the
lioLsc VI hcpe sentatiNcs, II was promptly rejected
: VIII it be presumed, then, that this same Iepjsla
g ture and within few days afterwards by merely stri-
Is king out the words spoken Of and in the entire alb
sence OF Al! such guards and securities eherconerrcd
:, or intended to confer any such right Common sense
d furnishes a ready negative.
What, then, is the foundation of all this oucry abou,
: branch OF non-exisng railroad, and OF bridging
q the haVig"hIe waters OF Mssisque Bay Viii it be
pretended that the clause in H." .ind if the said
i r'odd shall lnersect or cross any water or
water course, the Corporation may construct the same
across such stream, water course provided they shall
> restore the same, practicable TO IFS farmer
s state and usefulness contains this long souoh, for
y power! And the said railroad What railroad is
il here spoken of, other than the main route And with
l. bridge across Missque Bay, how could the nayi,a
ton OF It's waters be restored to its former state and
usefulness 1t Is altogether beyond the reach of cay
n mat inns clause applies solely the main route and
MT TO the proysonary branch, tap before the tor
~ iheE shll be completed The crossing OF the latter
d was then hAed at the sand bar and the streams OF
o water or water courses, were evidently intended Tor
the former in that line OF road, But what is under
= stood by the expression in this clause OF stream Of
e water or water course Are they not in fact, sy-
= nonynons terms, and SUCH continuous flow or
Il current, of waterl Do the waters of Mssiso,e Bay
l. which are continually ebbng and flowing as effected
n by the winds and floods, answer to the true definition
u OF stream OF water or water course! As well
v might be said that ST Adams Patts5urnh and Bur
hngon bays or, indeed, any other bay on the Lake,
- are continuous flows currents OF water
al There Is therefore, power whatever expressed
or implied, either in the original or amended charter
10 pulId the GrdRd Isle County route. until the main
route snail be ascerained and completed as required
by charter-and much less is there any power in
tnat instrument, at any time, 10 6rrgr tie
HS55srs ef liesisque Bay,and now pre-
have found place in respectable journals, and in the
sayings and dongs OF individuals having any regard
: truth and yeracty, it is difficult to imagine.
Of Should any persons, for moment doubt the cor,
rccness Of these positions, they earnestly invited
i to turn to the original charter amended Acts 1915
IN and 1871 compare the quotations here made with tina
- instrument and then determine whether the conclu-
Sons are not just and irresistible,
&c Why then, all this silly vaporng about rights tbo
er have no place save in the Imagination alone and
s, about the nux OF instruments into the Treasury
c. OF the Company Is in the vain hope that the stoc
a may thus be taken, or advanced Or, that proceed
is ngs in chancey may thus be preudced or DELAYED
h. The solution OF this problem is submitted with conf
dence, TO an impartial public.
1t was not only the real but proessed object of tho
charter, at the time, TO form line of communicative
IL by railroad with Canada that the Vermont and
ar Cinada Railroad Company" was constituted and no
r. for the Nrionay and unworthy purpose of dyernp
into other channels No then eyeu dreamed tina
lighgate on Canada line lay in the direction a
~ OIdensburgh RIA Rouses Point and geographer
~ must now hide their diminished heads at this wonder
AZ tul discovery, before which steam power telegram