Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1860-03-30
More about the Railroad.

hat il smacks very strongly of Barton g. Co.; |
llso that you have been imposed upon by some
me Of the anti-railroad fraternity. You say
We understand that the case Conn. s. P. Il. r.
R. Co. VS.. VIM. H. Baxter, was decided in favor
of defendant Baxter and adversely to the Com
pany;" also some other statements which we
shall mention in their proper place.
Now, sir, as you have made these broad state
ments, we claim the privilege TO put the matter
in its true light before the public, believing that
an unprejudieed community viii readily per-
ceiye that the reverse is much nearer the fact
And to do this we must refer to the books in or
der to understand the decision in the case
Some fifteen years since the company obtained
a charter to build railroad from White river to
the north line of the State, to connect with a
road leading from Montreal, somewhere in New
port or Derby, and it was not known then, nor
neither at the time of taking the subscriptions in
question where the connection could be made;
and the question where the Canada and Pas
sumpsic roads should form junction was sub
stantally an open one 10 be settled by engineers.
Now the book in question reads essentially as
follows: " Connecticut and P. r. r. R. Compa-
ny-Whereas, the Conn. and P. R. r. R. Com
pany propose to extend their road from st.
Johnsbury to the toSfn of Derby, if means can
be obtained for that purpose: now for the pur-
pose of extending said road, we the subscribers
associate ourselves with said railroad company
and agree to pay one hundred dollars for each
and every share set to our respective names, in
ten per cent. instalments, for the purpose of
building said road from St. Johnsbury to Derby
Line, and sixty days notice shall be given be-
tween the payments of each instalment, and no
one shall be bound to pay until the whole of said
road shall be contracted for grading between said
last mentioned places"
Now what if the company had said they pro-
posed to extend their road to the town of New
port, Of course they would have fulfilled their
contract when they contracted the road to the
town line. Butthere is a village in Derby called
Derby Line, and You say it means that village.
Why was not the word village put in the book
then Does this village entirely obliterate all
the lines that Derby is heir to? Derby Line is
marked upon the center of the Lake Bridge, and
has been for twenty years, and Newport highway
surveyors are directed to keep the road in repair
to Derby Line. But they have no idea that then
district extends to your village. And this Derby
Line is within a stones throw of the railroad
/ depot established by the engineers. Now how
are you going TO show that Derby Line means
your village? By parole testimony of course
for it is not shown in the book, charter, or survey
But by the same rule the company could show
that the books were not allowed to contain tn
word village, for the reason that it was no
known that a connection could be had at tina
place. This was admitted in the trial in tn
county court, together with the sayings of Yari
GUS persons during the campaign getting tn
stock, but is partially excluded by the suprem
court, and for this reason they have granted
new trial in the Baxter case, and the issue in tn
trials of the railroad cases now stands nearl
upon the ground that the company rested tn
Baxter case in the county court trial last june
No one will deny that the great object in extend
ing this road through to the Line was to conneC
with Montreal and the great west, and Garrett
surveys have clearly shown that practicabl
connection cannot be made at the village.
But as the issue is now put mainly upon Ii
records in the case, let us read carefully: I'll
Connecticut and P. R. R. R. Co. propose to e2
{ tend their road to the town of Derby if meaI
can be obtained for that purpose" The subscr
Der says: Now for the purpose of extendir
said road, we agree to pay" &c. "Said road
? What road can this be, if it is not the road Il
to Nlna
Derby? Certainly there is no other road spoke
of. "But the whole of said road" (the san
6 road again) shall be put under contract f
= grading from st. Johnsbury to Derby Line" b
fore you are bound to pay your subscription.
u And you say this Derby Line means the villag
r The county court said it did not. The SUPPER
= court have not said either way, but have Il
this question to be settled by jurors upon t
principle referred to above. But your arti,
asserts that the supreme court have decided t
case in favor of defendent Baxter, and again
the company, and this assertion is my apollo
Is for particular reference to the books. We "
% now leave this subject for your candid read
to judge.
ie You say further that "the decision in this c.
Ell would establish precedent for a large numl
o of others, involving some 100000" Here
70 another blunder. The whole amount was e
mated at $500, 900. About Sl40,O0 is now pa
II which would leave $4,000 due, and proba
TO not more than a moiety Of tins is subjected
.ir this Derby Line bubble, which gives v
fair show for grading the road at least to
~ head Of the lake and ii will soon be done 7
~ vided our friends keep their shoulders to
I'd wheel, as past experience shows plainly that t
ho will.
But you Conclude your interesting epistle v
S. an astounding prediction. You say: "The r
viii therefore stop at Barton unless the CON
., ny devise some new means of extending it.
the case against Baxter settles the question Of
III the subscribers, and the company aelznowle
lie themselves in debt TO the tune Of $95, 900 u
IL arriving at Barton, (keep your just dues Fl
your creditor and taunt him for being in de
nc becomes of the money between that place
ed Barton Landing and in West Derby" o d.
oh the money all lost lost that is expended nj
l. of Barton This puts in the shade the anc
seers. To how large proportion Of this cor
AM will this prophetic cffusion be hailed as a g
er- GUS triumph Let us cast up and see.
tn give the antics all the towns lying east Of
49,. road, including Barton, Br0wnington, Salem
Derby, and you have only about one third Of
'eu county. But you are not entitled 10 all Of q
red towns. recollect you said last September
A,o Barton had been and gone and done it,"
well known that the election in Barton was
solely upon the railroad question, and
lGL friends Of the road elected their man over
litieal party who had a majority Of some sew
e LII ........ rl..l.l Il..l... ,rt..r.