Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1862-05-01


this village with adjacent territory. The loss
of two of three bridges during the recent mum
dation has been made the occasion of much dis
cusson as to their origin and the exact period
of Time when they were seyeraly erected. If
the perusal of this article shall afford our read
ers as much pleasure as its preparation has
made us labor our object will be fully accom-
plished.
WEST RIVER BRIDGES.
The first bridge across West River was built
near the upper end of the large meadow, owned
by the Vermont Asylum, and nearly opposite
Luther Yields house, probably between l77j
and 1850. This was trestle bridge and was
built, as were all other bridges in this State at
that time, by subscriptions chiefly Of labor and
materials. At that time the main road to DUN
merston and other towns above, from this vii
lage was to Centerville, thence northerly by the
the old burying- ground, thence northeastcrly
through Mr.. Yields farm to and across the
above mentioned bridge.
The General Assembly of this State sitting
at Windsor, Oct. II, 1895, passed "An Act
granting to John w. Blake, Calvin Knowlton,
aud their associates, the privilege Of building a
toll bridge over West River, in "Brattle-
borough" and giving them 'the exclusive priv
"ilege of erecting and continuing bridge over
"West River, within four miles of the place
"whcre said stream unites with the Connecticut
Dt,or THE ~ netolf.loI tho ratio of foil
definitely for forty years, gave the corporation
the use and control OF the bridge before mem
stoned and then standing, and was to continue
in force one hundred years. The next year, we
believe, the corporation was duly organized and
proceeded to erect bridge over West river on
the site of the bridge washed away by the late
freshet. This bridge was opened for the use
of the public in 1893. 1t was treste bridge (;
but how long it stood or what became of it we
are unable to ascertain, as the records of the
corporation are not in this State.
In 1921, an arch bridge of solid timber was
built in place of the trestle bridge then stand
ing, by Capt. Nathaniel Bliss of this town,
which was accepted and opened for travel about
the first Of December then next. In 1871 this
bridge was thought to be so much decayed as
to be unsafe for travel and it was accordingly
removed, and the bridge just lost erected in its
place. This last structure was laid out by John
Newman and erected by Capt. n. Bliss. 1t was
q covered bridge, of what is ordinarily called
the tx" pattern, but was known as Towns
Patent" Owing to defect in the supporters
when the bridge was raised, the centre of the
bridge, which was framed to be archcd Is inch
es, sank to a level and the upper chords were
shortened in order to join them. On this ac-
count the bridge always presented an unsightly
appearance.
These bridges were severoly owned by the
corporation created by the act of 1895, and tolls
were collected until 1913. The proprietors re-
sided mostly in Massachusetts. The inhabi-
tants of Dummerston and Putney were dssat-
isfed with paying tolls every time the, came to
this village, and they with others sought to
avoid this obstruction to travel and business in
legal manner Accordingly at the October
session of the General Assembly, in 1889, an
act was passed to the following effect:
"Wheuever there shall be occasion for any new
highway in any town or towns in this State, the SUI
pteme Court and County Courts shall have the same
power to take any real estate, easement or franchise
Of any turnpike or other corporation when in then
Judgment the public good requires public highway
which such cours now have by the laws Of this State
TO lay out highways over individual or private prop
erty, and the same power is granted, and the same
rules shall be observed in making compensation TO al
such corporations and persons whose estate easement
franchise rights -hall be taken, are now granted
and provided in other cases"
To this was appended . proviso that the
whole of such real estate easement or franchise
should be taken and compensation made there
for.
At the September term of the county Court
for this County, in 1913, Joseph Dix, Asa Boy
den and Phineas Underwood, preferred thei
petition, setting forth the grievances to which
were subjected on account of this toll-bridge
ard praying that commissioners might be ap
pointed to re-survey the road and take the rea
estate, franchise and easement of the Yves
River Bridge Company, for tie purpose o
making free road and bridge across the rive
at that place. Commissioners were accordingl,
appointed who acted in the premises and mad
their report to the County Court, making SOM
alterations in the road and recommending tina
the real estate and franchise Of the corporation
should be taken, and assessing the damages a
$4,000. The county Court accepted the repor
of the Commissioners. The case was carried b
the corporation on writ of certiorari to III
Supreme Court, setting forth sundry grounds c
action, the main question being in reference
the constitulionably of the statute of Nov. /!
1889, and its applicability to the present cas-
which Court at the February term, 1914, d,
cided that there was no error shown to the cou
or apparent upon the record and proceeding
Of the county Court. The case was then take
by appeal of the corporation TO the Suprem
Court Of the United States, where it was argue
at the December term, 1877, for the plaintiff
Ohe proprietors, most OF whom resided in 30
ton, the late Col. Thomas IL. Perkins being Il
largest owner,) by Daniel Webster, for the d
PENDANTS by the the late Samuel S. Phelps
this State. The question before that Court W
whether the statute of this State, under viii
these proceedings were had, was not in conni
with so much of the 10th section of the |
Article Of the Constitution Of the United Stat,
as provides that "No state shall pass any Ia
imparng the obligation of contracts" viii
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