Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1862-11-04

ms principle naQ Ollen Uepn ItCobnlleu III leRlS~
Iaton in the State. In the case Of railroad cor
poratons it was recognized, for, while they were
private associations, their object was public one,
and hence it was forwarded by the legislation Of
the State. The principle was clear one, and one
that had not been disputed in other cases.
Mr.. Cushman of Rochester could not agree
with the gentleman from Ne8bufy LunderwoodI
/ in the Union that the same principle was in.
voyed in this amendment, that had been recog
ni2ed in former legislation, There wlSa great
difference in his opinion between oppoma'ng
private property for private purposes ana private
property for public purposes. lie believed The
necessity never had, and never would occur, to
appropriate by law, private properly for private
use. 1t was a dangerous precedent.
Mr. Henry Of Chester, thought there WAS no
difficulty in the case but that the fact that the se-
leclmen decided ia reference TO the propriety OF
appropriarng the lands rendered the question Of
public advantage the main one; and the mere
| hct thatthey entrusted the ownership or care of
these land, to private individuals, did not at all
lessen the public character Of the transaction, so
far as It's utility was concerned.
Mr.. Balch of Ludlow opposed the amendment
at length That the sentiment of the people was
against granting such privileges to select corpora
/ tons he fully believed. lie was certain that it
would not be regarded by them as just, to so far
disregard the fundamental principles of govern
ment as to allow private rights to be invaded rath
er than protected, and that merely Tor private adj
vantage.
Mr. Shaw believed that the taking Of lands for
burial purposes should be allowed, as being quite
as proper as the taking of lands for various other
purposes some Of which ha been referred to.
He cited the taking Of sites for school houses, in
addition to those that had been mentioned. He
thought the amendment under consideration con.
tempated taking lands for purposes of really, and
even emphaically public importance. The en-
hrgement md identifying OF cemetery grounds
was quite as desirable il public view, as the
other objects for which lands are granted to cor.
porations. The sentiment which respects the
resting-ptace Of the dead, and which is seen in the
prevalent practice Of ornamentng cemetery
grounds should be encouraged. 1t was hIgIy APP
propriate that i; should be fosered by Legislative
| action.
| Mr.. Chandler stated that the other provisions
of the bill, beside the one under consideration,
gave the right of appeal to the County Court, in
case private rights we're supposed to be invaded
by the proceedings under the act. There were
other safeguards which rendered il on the whole
quite sure that private individuals had full pro-
lection against injustice. lie further stated fully
and efieetullly the argument that the uses for
which cemetery lands are appropriated are public
in their character. Ia reference to the motives
that had been alluded to as likely to govern the
action OF private corporations, he urged that cor
porations should not be regarded as necessarily
and essentially dishonest and malicious The
amendment be had offered had in view those cases
i,xha ipfivtdu,ls reftsa6 In ant n
associations, at anything less than an exorbitant
price, lands which were required by them.
Mr. Hubbell, said that the first constitutional
question was whether it was allowable to delegate
10 the selectmen the right to appropriate ands
for cemetery purposes. In answering this ques-
ton he cited the power delegated to seleclmen to
decide in reference TO the laying out and diseon-
tinuing ofhighways and other similar powe where
the rights OF individuals have to ye.d to the pub.
lie good. He enquired whether, although the
selectmen have the power to lay road through
mans dooyard, they could upon the whole be
said TO abuse that power. lie believed their ex-
ercise Of the rights delegated to them were 10
the main granted to be fair and just. lie did not
believe they would change their course of action
and with reference 10 Cemetery grounds endeayor
TO do all the harm they could, and be maniiesly
and grossly unjust. lie knew Of no safer hands
in which to place the power in question than in
those Of the board Of seectmeu. lie further
examined and approved the principle of the
amendment under consideration.
Mr.. Cushman Of Rochester, further sustained
his view,-that appropriatng lands for private
cemetery associations, was introducing a new
principle Of Legislation. There was coupling
together of the two propositions, relating to pub.
tic and private corporations, in the arguments OF
those who favored this amendment, that mystifed
the question but did not prove ANYTHING. lie
further explained his yiew,--that the amendment.
proposed an invasion of private rights, and that
for private advantage only.
MIR. Denson, thought there were two questions
to be answered in this matter whether it was
right to take private property for public purposes
and whether this was public use now under con-
sideraton. lie answered both of these questions
in the affirmative, and believed the amendment
came clearly within the limits which divide
between public and private rights. He further
believed that It was proper in this as in other sim
liar cases TO delegate the power TO the selectmen.
Mr.. Allen of Troy moved the previous ques-
ton, and the call was sustained.
On the question of adopting the amendment,
Mr.. Henry demanded the yeas and nays yeas
6S, nays l27, and amendment lost. Adj.
SE.V.41'E-.4frnoon
| GENERAL STATUTES
The bill incorporating Green Mountain Semi
nary, was passed.
House bill title 81, chapter 10, "of offences
against privrte property passed.
On motion Of Mr. Peck, House bill, Title 8,
Chapter TO- was so amended as to place Goshen
Gore by Plainfeld, and Harris Gore, in Washing
ton County, where these Cores now are, and the
bill passed.
BILL.
| The bill relating to the adoption of persons
and changes of names, was ordered to third
reading. Adjourned.