Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1862-11-06


mont soldiers who had been received and trea-
ted in the hospital at Burl ngton referred, on
motion of Mr.. Stevens TO the Special Commit
tee on SO much OF the Governors Message as
relates 10 the enrolment and medical eXamlna-
ton of soldiers.
Bv Mr.. Bean, for General committee, favor
ably to House bill TO incorporate the Poultney
Cemetery Association; third reading to-mor-
row morning ...
! By Mr. Bean for General Committee, favor
ably, House bill incorporating hydeVlie Gem
etery Association; passed.
The remainder of the forenoon session was
devoted To the revision of the statutes
Pstittons.-By Mr.. Sherman of Newfane
of e. Howe and others for recharter OF Bank
of Brattleboro' to committee on Banks.
By Mr.. Estabrook Of Dover for the same
to Bank Committee. ..........
Mr.. Chandler called up chapter IL of the
Revision, &c of burial grounds and their en-
largement," which was laid upon the table on
his motion. r.. ..... ..as..a.. saw a.....
[The provision allowing any town TO APP |
praise and take possession of lands required for
burial purposes, awarding damages TO the prl-
vate owner was Incorporated in this bill.
Mr.. Chandler moved an amendment by
= which cemetery associations could, by apply
! ing to the seectmen, obtain an appraisal and
= gain possession of lands that they may need
for burial purposes. ,ar.E av vsaH
. Mr.. Lynde moved that as the matter was
: important the bill should lie and be made the
special order for tomorrow lost.
!. Mr.. Cushman of Rochester, was opposed to
. the amendment. He thought it might be
u proper for private rights to yield to pubic
= needs, but not to the wishes or advantage OF
merely private corporations If ne rightly un-
derstood the amendment proposed by the
J, gentleman from Woodstock he was opposed 10
-, it. J.. - So. a-l-.e.
er Mr.. Lynde regretted that the House pressed
this question before the opponents of the amend
ment were prepared fully to say what they
w would wish. He could not but think that this
'n proposition if adopted was opening way Tor
the covetous to gain possession of lands which
~ they desired. The proposition was fraught
r. with injustice, A poor man might be COM
'a PEELED to yield his little home to the possession
of his wealthy and scheming neighbor, and
M much wrong might be done Under pretenses
'u' which this law would furnish.
're Mr.. Underwood of Newbury could not see
lie any improperly in the amendment. de be-
heved the question that should be considered
nj here was what the object was OF taking the
ar lands, and not into whose possession they come
W IF the object for which the lands were to be
Oh appropriated was a public one, that was al
On that should be claimed This principle hac
AZ often been recognized in legislation in this
State. In the case of railroad corporations il
Id, was recognized, for, while they were private
'hu associations, their object was pubic one, anc
NC hence it was forwarded by the Legislation o
r the State. The principle was clear one
Oh and one that had not been disputed in othe
'" cases.
nod Mr.. Cushman of Rochester could not agre
NC with the gentleman from Newbury Under
this wood in the opinion that the same prlnclpl
he was involved in this amendment, that had beel
,as- recognized in former legislation. There wa
the a great difference in his opinion between ap
ives propriatng private property for private pur
ded poses and private property for public purposes
He believed the necessity never had, and ne'
od- er would occur, to appropriate by law, prlva1
vet property for public use. 1t was dangerot
tin precedent
eaI Mr.. Henry of Chester, thought there was n
,tate difficulty in the case but that the fact that tn
mes selectmen decided in reference to the prophet
baen of appropriating the lands, rendered the que
,ssa- the mere fact that they entrusted the owne
not ship or care of these lands to private lndlvldl
es;r- ais, did not at all lessen the public charact
of the transaction, so far as its utility was COZ
q IN cerned
G du- Mr. Balch of Ludlow opposed the amen
er- ment at length. The sentiment of the peor
the was against granting such privileges to sele
oked corporations he fully believed. tie was CO
o,,I ! ba rdad
all lust, to so far disregard the fundamental pr
could ciples of government as to allow private rgl
'efore to be invaded rather than protected, and tt
d be merely for private advantage. .sy.s.
Mr.. Shaw believed that the taking of lar
cor for burial purposes should be allowed as bel
lie be- quite as proper as the taking of lands for va
| hon Gus other purposes, some of which had b'
sioner referred to- He cited the taking sites
,ss for school houses, in addition TO those that
lily be been mentioned He thought the amendm
seless. under consideration contemplated taking la
FOR purposes of really, and even emphatic;
Int the public Importance The enlargement
ortant identifying of cemetery grounds was quite
seless, desirable in public view as the other obj
on i'm for which lands are granted to corporate
Is. 1t The sentiment which respects the resting
rts of of the dead and which is seen in the preva
/ as practice of ornamenting cemetery grou
be in should be encouraged. 1t was highly APP
related pirate that it should be tostered by Leglsa
rs be- action.
stood Mr. Balch replied briefly to the gentlel
Is, and from Burlington, (Shaw) and moved that
State amendment be laid upon the table, and n
an old special order for Monday morning next
speak IL o'clock, and that 300 copies of SAID ann
ose the ment be printed.
uty as Mr.. Reynolds thought the question had
1t view. fully discussed, and opposed postponing az
ling of upon it.
, State. Mr.. Fletcher of Cavendish, also bell
to the that there was no necessity for further d.
'e from Mr. Balch asked leave to withdraw his
ports as ton, and did so withdraw It,
question Mr. Chandler stated that the other pr
ncklev ions of the hill besides the one under co