Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1859-11-11

making appropriation to pay for the furniture OF tho
State House and for the completion q the same,
made the special order for Wednesday next at IL NJ
biH rsfrred--in relation to receivers; 70 Judiciary
Al II O'Clock the House took up the special order he
ing The reports Of the majority and minority Of select
eommittec 70 which referred sundry petitions pray
nE iof thc removal 0 the shire in Bennington county,
and that Arlington be constituted the shire 5f that Co
Mr. Bacon Of Sunderland offered a resolution declaring
that the required legal notice has been given.
Mr. Greene Of Manchester said that Il appeared to the
committee that notice o change in the shire Of Ben
nington county was published ia the bennington Banner
per purported TO be published Friday Ii further ap
peared that the paper printed thursday and Ia
fact mailed that day, and that village subscribers
received their paper on the same day II the opn
ion Of the majority Of the committee that the notice
should have appeared on Wednesday to comply with the
statute.
Mr. Dickerman Of Charleston was in favor Of giving a
fair hearing in the matter 10 all parties. lie did not
think the question when the subscribers got their
paper, but when the paper was published He contend
ed that the legal notice had been given according the
usually received ruling in like cases.
Mr. Green rejoined that be governed by dates
He believed that Il the intention Of the law to give
three weeks notice % the people.
Mr. Priehard Of Bradford moved to dismiss tho reso-
Mr. Glccd said he had no special feeling or interest in
this case but il might be cited, by-andby, as prece-
don't hence it assumed some importance lie did not
think the notice should have appeared Wednesday,
the majority report has stated That would be IN contra
dicou with well settled rules u evidence Ill did not
uttNt iAt tuN uaAf OF paper was 10 oe icANfueN
conclusive in such cases paper often appeared day
before It's date. He had received on SATURDAY papcr
dated on Monday. during this session.
Mr. Omsted OF Bddpoft said that he had rs little in-
tcrest in the as the gentleman from Morratown.
but eoucufrcd with him in beevng that precedent
the decision of this question Is important Tho iuten-
ton OF the law was nc understood, give n days
notice 10 the readers or the paper in which notice may
appear II We should adopt any other rule than the date
OF the paper, would t be safe and reliable lie thought
that any other rule would lead TO protrac,c and
uons litigation n similar cases and Il this should be de-
cdcd other grounds than tho dates of the several pa
pers, he feared il would become bad precedent.
Mr. kellogg of Bratueboro protested against rigid re-
gard for TIC date Of me paper Suppose the paper n any
tho't the Law had been complied with. There had been
attempt 70 deceive there trick, evasion,
the part Of those who gave the notice. il had been
hires o the county As to the legality Of the noce he
did not feel bound Icy the finding Of the majority Of the
committee. Had they expressed opinion the main
question involved, he should feel constrained 20 respect
that but this question be thought il clear that there
compliance with the statute. He was in favor Of
giving the petitioners hearing Every tub must stand
on it, own bottom Let this matter be fairly brought
before US. and settled on its merits.
Mr. Hunton Of Bethel showed that. by parliamentary
the HOuse bound by the report Of the
mittce had been decided in opinion to the legality
II the notice given But il was not 80 decided The ma.
orty had submitted this question TO the House It was
simple question was the paper published Thursday
not? II it the law complied with Il was
not, then there no compliance with the law.
The mutton TO dismiss was lost--yeas 43, nays 1852.
The resolution was then adopted, and the House ad-
AFTERNOON.
SENATE.
RporiS.-By Nj Nicholson, for general committee
House hill to incorporate the White River Junction Ho
tel Co, also by Mr. wilkins, House bill to incorporate
the Mortified Cornet Band both ordered TO third read
ing. BY Mr. French, for judiciary committee, bill TO
mcn's. Mr. French said the committee thought bes, tc
strike the first section. which repeas the provision
relating the publishing Of intending rriage
The second amendmen, gave the privilege u soemnz
izing marriages TO ordained ministers. Mr. Allen sait
this law had become obsolee-no attention paid 9,
ithcreflrc he thought IL ought 20 be repealed Tn,
bill was briefly discussed BY Messrs Nicholson French
Chiftenden, Armstrong and Wilson. when the amend
mens we're adopted Mr. Allen called for the yeas and
nays On third rcading-yeas ,, nays g.
BY Mr. French, for Judiciary committee bill providing
for further records In eases Of the foreclosure Of h
equity NJ redemption in lands, with amendment, which
was adopted, and bill ordered TO third reading. By Mi
Wilder, for committee claims, bill to pay French c
Prescott S36; ordered TO third reading. BY Mr. Rum
sey for committee agriculture bill TO repeal nctin
lation TO fences, approved Nov ~, 1857 motion
Mr. Needham laid table BY Mr. Eyerts for judiciary
committee, House bill respecting malicious injuries
with the section fixing the time Of going into effee
/ struck out motion of Mr Olin ordered 10 lie.
JciR Resohaion-By Mr. Blu, that when the Senate
adourns forenoon It be till Monday
This gave rise to spirited discussion by Messrs
Davis, Nash Nicholson. Eyerts, Needham, Chittenden
smith, WILSON, Olin, Poland, Wilder and Harris, and
Mr. Eyerts moved TO commit Senate bill so for amend
nent in the fourth section, by striking out all the penalty
except fine less than $3.50 the words be stricken
out being "and shall after conviction for such offence
taking fec reward beyond snary. be deemed ncapa
ble Of holding any civil office in the State"
Mr. Everts would not single out class Of men for Sc
extraordinary penalty. No Even States Attorney
ought 10 be driven beyond purgatory and the graee
I OF mass and holy water.
Mr. Davis preferred to strike out the entire section
Mr. Chiucnden denied that Attorneys singled out
Tor punishment True they are to be punished they
abuse their office money il for brbe they
withhold prosecution but the statute fixes at least
equally punishment for other persons guilty Of
like offences In an Attorney who is be supposed
he a.
l the rravest surt-all but capital.
Mr. Davis thought the section did not cover the Of
fence Of compromising felony. II Il did he would make
the penalty severe He moved strike out the
section Let offences be called by their right names.
Mr. Eyerts concurred with Mr. Davis and objected also
that this section might he construed to make trivial
matters great offences.
Mr. French thought the construction Of Mr. Davis de-
struyed the section. IL the section embraces compound
ing felony alone the penalty certainly is
But II Attorney abuses this office. less de-
gree, that ought to de6ar him from other civil Offices.
Mr. Davis repeated that the penalty is not too
for oOmpoundng felony but he doubted whether the
ton embraces that offence the hand and the
other thought IL did embrace minor offences unworthy Of
severe punishment As well might the same penalty
be put upon Senators for sraning their mileage
Mr. Chttenden-A States Attorney cannot take one
dollar beyond his salary without inourrinR moral guilt
and grossly abusing his office Such man merited the
penalty Of this section
Mr. Dayis-rhere may be cases Of extra expenses in
the discharge Of the dutes Of the Office where 1t may be
for the interest Of the State and the furtherance Of JUS
tioe, to allow the Attorney something for such expenses
D
/ a high crime under this section.
Mr. Nicholson agreed with Mr. Davis. The penalties
should be graduated according To the Of the Of
fence While he must say this, he heartily ooneurred
with Mr. Chtenden in his condemnation Of any deTe-
LECTION by Attorneys.
The motion to commit for amendment was rejected,
and the bill passed.
Mr. Chittcnden moved reconsideration Of the vote
passing the bill Mr. Eyerts moved to lay this motion
the table losi--yoas H. nays 49,
Mr. Clarke moved an adjournment lost.
Mr Harris hoped the motion 10 reconsider would not
prevail l. not The customary way Of doing business
in the Senate.
Mr Eyerts moved adjournment, and called for the
yeas and naysi loat--ieas 10, nays IL.
Mr. French said uie bill had been well considered, and
hoped the motion to reconsider would not prevail
Mr. Chittenden withdrew his motion. Mr Wilder renew
ed H. but further consideration withdrew H. end the
Senate adjourned -
Tho Speaker announced the committee on the part "
the House u ix time for hnal Recommendations
Harshom Of Guidhal, Daniels Of Grafton, Hall Of
Swanfuu,
reports ~ cor,mifses-By Mr. Crane for committee
on corporations, lllE ineor Barre hotel e0mpa
ny, Franklin hotel company, Guidha Falls water COM
pany, Wiiamstown mill company, aud Cabot cornst
band seyerally ordered TO third reading, By Mr. II NJ
Hall, for committee agriculture bill 70 snab agri
cultural aud horticultural societies 70 extend per
feet protection property, ordered third reading by