The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1857-10-31


which trial bv jury is not given. The act OF |
last wear gives discretion to the court to re-
fer or not. and in his practice he had found
no difficulty in this county. where the judge
would not refer without the consent of both !
parties. If jury trial is asked after refer
encc. it can be had. \ case Of that kind has
occurred. and gore up to the Suprs M Court.
lie would wait igr tie decision of the Court
on this question.
Mr.. Woodbridge Of Vergcnnes said he
would not wait to correct wrong. Many
eminent LAWYERS consider the act of 1856 I'M
constitutional: such was his opinion. and on
this principle he was for repeal 1t is true
there arc cases where Jury is not given
but these arc cases which did not liable under
the common law-statutc cases. 1t is true
also that a jury trial is provided by the law:
bat it is but narrow issue that is to be tried
not the whole case; so that this trial by jury
is a humbug. The law before permitted ref
crenccs on consent Of the parties, and that is
enough. He would not submit all questions
for instance. the personal liberty of any
mar-to the discretion Of the court, with
power to deny trial by jury.
Mr.. Bradley of Brattlcboro favored the
bill, though he was in favor of references Of
ten. But he would not steal round the con-
stituticn. if he could, even fer good pur-
pose The constitutions, both of the United
States and of Vermont, guaranty the right
of trial by jury, and the law of last year stole
at least half of that constitutional right.
Again: our constitution requires the Lesisla-
ture to appoint Judges this act authorizes
the Judges to appoint other judges. Would
gentlemen extend that principle? lie would
not The gentleman from Montpelier says
there are other cascs-for instance. book &C
count-not tried by jury. This is not uncon-
s.itutonal. for book account existed before
the constitution was adoptcd.-Mr. b. said
that Whenever be got chance to abide by
his oath to support the constitution, through
his vote he should do it. This is one of
these cases.
Mr.. Dcare of Cavendish said there is no
analogy between the Cases named by the gen
t!cman from Montpelier. and this law. Gen
tlemen who have spoken have proved that
this act has failed: that in one county the
Judge acts under it. and in another refuses to
refer without the consent of both parties
thus showing that the Judges at least are not
satisfied with the law. But there is a suili-
Gent reason for repeal in the fact that many
men believe the existing law to be unconsti-
tuional.
The bill was ordered 10 4 third reading
ayes l54. noes so.
Bills introduced.-From the Senate. to
amend Sec > c. % c. s.. in relation to rail
of 10
5000, to be paid by tic Statc) by Mr..
Merrill Of Montpelier, (by rcqucst) for the
protection Of fish,
/ SATURDAY, Oct. q, 1851.
SESATr-Thc Senate concurrcd in the
joint resolution from the House. providing
for the distribution Of the Journals of the
late Constitutional Convention. among the
members
KepoltS.-By Mr.. Willard from the COM
mittcc OF Banks. in favor of bill relating TO
Banks. with amendments. frrquiring the Di-
rcct0r> to give bonds for the redemption of
the Banks liabilities.
Mr.. Willard moved that the bill be laid on
the table. to be made the special order OF
Tuesday next at II \. NJ Motion prevail
ed
Horsr. Engrcsscd lillS.-To Incorporate
HIiucS5urgi. and Pit,<tnrd Cemetery i>>ocia-
ton: Sutherland Falls Hotel Co.. and t>cn-
ate BILL the Junction Iron Co.: taxing ESSEX
county in amendment otregi>trv act Of lSjG:
Ill passed. To rcpcal act Of last wear on The
reference Of actions. Mr. Colby Of !iartand
moved to lay on the table. to give opportuni-
" Tor further consideration. After a little
sparring between Mc>Srs. Bradley of Bratle-
boro. Colby of Ilar'land. Marsh of Brandon,
ard Pirrpoi,t Of Rutland. the motion was
agreed to. and the bill was made the special
order for Tuesday next. 10 \. NJ.
AFTERNOON.
lovSl-Ecports.-By committee of ways
and means. bill relating to the grand list
(stock in corporations out of the State not 10
be taxed here if such stock is assessed and
made the subject of general taxation in the
States where the corporations arc) Laid o.,
j the table Against bill Cor taxation Of dogs
Mr.. Merrill Of Montpelier said he was not n
dog-man nor dosma:ic. but he was p edge
to support this bill. If dogs are kept as a
luxury. the luxury should be taxed. If bad
dogs are kept. their owners should pay fo'
troubling other people. Moreover, Il tau
might operate to improve the quality of dogs
The poetry of the gentleman from Brattlebo
no killed the bill last year: Mr.. VI. hoped h,
would treat the bill seriously: especially sine,
hvdrophobia has become a serious evil. Mr.
Dcanc of Caycndish was in doubt whether
the tax was to be collected of the owner. OF
the dogs. I.augh,cr.] Mr.. Bradley OF
Brattcboro said hydrophoba is not limitce
to dogs solely: men have it, and members OF
legislature have one form of it occasionally
lie would not tax dogs. but go at the bae
d, IS by going at the owners and compclin;
them to respond in damages. Mr.. Stevens
of st. Adams said there will be message
on the subject Of hydrophobia, and movcs
that this bill be laid on the table. Agreed
to.
Mr.. Merrill of NJ. called up the bill relatin,
;; to the payment of highway taxes lin money
excluding labor, and reducing the tax from
Is to If ccnts.)
,, Mr. Buttcrfcld of Wilmington said tn
practice in his section now is to work out tn
tax in summer and keep the roads open i,
winter sratui;ously. He was afraid that,
this bill passes, it will be necessary to in
: crease the highway tax rather than reduce it
Mr.. Ainsworth of Wallinsford said tina
some people would Ike to reduce even thi
ten cent tax-to nothing. In some district
in the winter. the roads would not be KEEP
open at all, were it rot for working out tn
taxes. His people had an interest in work
ing the roads, and they worked well.
). should be remembered that some people mus
work out their taxes. for want of money t,
pay. lie was for the old plan.
Mr.. jenkins Of Burke said that in his sec