Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1863-10-30

Ny Mr. Stoughfon, Tor judiciary com, h,ortbly with
amendment II 3d. In relation 20 the cha nges u names
amendments agreed and bill order ed to third reading
Also, II AZ. iu relation 10 Witnesses.
Mr. Chids said that he believed that the bill had been
amended since It introduced the House, and as he
wished TO compare Il with the bill A. it introduced
he moved n lay t. upon the table agreed TO.
By Mr. Stoughton for judiciary com, adversely TO II
"a In amendment Of sec II Of chap - Of the general
entitled u the support and removal Of pauper
and for the relief NJ the insane poor
Mr. Stoughtun and Mr. Cree opposed the bill and the
BY the same, adversely to II %, in addition to chap
30 " the general statutes relating TO the taking of dep
usitous; 30 reading refused,
BY Mr. Stafford, for Judiciary com, favorably II "a,
in amendment Of forms II and "a Of chapter 27 Of the
general statutes: passed in concurrence.
by MIR Cleveland, for com on Banks, 20 extending
The charter Of Bank VI Pouliucy third reading ordered
By Mr. Kelam, Tor general com, II 6S. Tor the pres
cfyauon Of fish in Greensboro pond third reading Or
dcred
I BY Mr. CLARK Of Bennington, Tor com on Finance. II
II. 10 epalze the grand list u the town Of Rupert for
the years lsGO-l-2-3; and II %. in amendment Of
chap 81 u the general statutes, entitled Of collection Of
taxes b1thiotdercd TO a third reading
. by Mr. Bass. for com on Printing. against printing
81 providing for the payment u drafted troops and IL
was referred 90 the com on military Affairs
by Mr Fnglcshy Tor Judiciary II 4. 20 repeal Ger.
tain sections OF chap 30 Of the general statutes, entitled
OF uniform rules and practice In me county courts and
Of chancory Ia this State passed in concurrence
Mr. Child called up II a.. 100 relation 20 witnesses, and
moved Co amendby striking out MI after che enac'ing
clause and inserting ia lieu thereof the bill as IL was inc
troducod in the House. Mr. Child spoke briefly in sup
port Of bis amendment He was opposed 20 disturbing
the marriage relation.
favor Of the bill as stands and on the question he de-
manded the yens and nays
Mr. Child again advocated the amendment and Mr. Eng
lesby opposed it, and il was rejected p to
Mr. Peck moved that the bill lie upon the table agreed
TO-
Petition referred BY Mr. Holcomb Of Il S sabn
and others Of Ferburgh for the preservation of fish
in Lake Chmpain and IFS tributaries To- general com
Bib tcterrea BY Mr. Pollard providing for the pay
uent " drafted troops, toconi printing
BY Mr. Peck changing the name of Edwin NJ Hersey
By Mr. CLARK Of Rutland 10 repeal section 2j Of chap
CO 81 ihe general statutes entitled limitations Of actsn
to The CON ON Printing
On motion Of Mr. Peck, The Senate adjourned
HOUSE
Reading Of scriptures and prayer by the chaplain,
journal Of yesterday was read and approved.
ms introduced BY Mr. Colcofd OF Franklin, alter
ing he name Of Marshall Simeon llungcfiord TO gem
By Mir Dor u Rutland in addition to and amend
mrut of 90 ca * title "a u the general statutes
titled u railroads and railroad commissioners, TO com
on roads.
By Mr. Carpenter Of Waterford amending CHI 40 Of
the general statutes relating 10 the militia and By Mr.
Fisher Of Cabot repeating 10 ch no Of the general
statutes. Of exemptions both To- com military affairs.
Pciti0H by MT Chandler u Woodstock, 0f lhos
Powers for pay FOR experimenting construction Of
State House 20 com on claims
Reports by Mr. Howard for com on military affairs,
against House bill o. to introduce Shorts patent KNAPP
sacks among the Vermont soldiers Sd reading refused
By Mr. Marcy, for roads on House bill O. 20 in
corporate the Essex county railroad company that there
defect IN the publication NJ notice, and that they
Mr. Shaw " Burlington moved that the bin be
mited with instructions that it is the sense Of the House
that there has been substantial compliance With the law
requiring notice, aud DIRECTIONS to the CON 10 examine
the inertia Of the bill
Mr. Wilson N Bakersfield opposed the motion.
Mr. Chandler Of Woodstock inquired Of the com Il
there appearance the part Of those who OPP
posed the road before the com
Mr. Marcy stated that there
Mr. Cha der inquired In point Of fact the notice was
sufficient
Mr. Marcy said that was his opinion but the majority
" The com thought differently.
Mr. Chandler then favored tho oton to reconsider
In this case by oversight Of the printer the no.
tce bad been LEFT out week but it appeared the
week before aud the week after
Mr. Chandler thought this was substantial compli-
! ance with the law. The movers Of the measure had
done their full duty, aud The mistake was only that II
the printer II prejudced nobody The opposers Of the
measure had received notice in fact and nnw they ought
take advantage OF this quibblng objection. But
the gentleman from bakersfield il would be viola
ton of law to recommit with these instructions. That
Is misiakc il will be- precisely in accordance with the
spirit OF the law. II cited various prcccdents He
hoped should not xiii this measure, which would be
Of such vast benefit to the country in the vicinity OF the
7 road 70 be incorporated
4 Mr. Houston Of Victory advocated the motion to re-
commit lie dsscntcd from the opinions Of the gentle
man from Bakersfield that this House bound by do
ngs OF any former House. ana cited proceed hs 10 favor
of regarding substantial notice, even though 1t might
not have been technical One was the bill to set part
Of the town Of Brandon to the town of Goshen. The
notice given sufficient at least, bring before the
committee all the opponents Of the measure Then had
they not been notified according To the spirit Of the law
They have done they have been to the expense
send their engineers through the country in which this
road is proposed to be located Their notice is ample
! and this objection is technical and film y.
Mt Wilson opposed the measure IN further remarks
II this where particular party ~ be
uhed then We might pass this measure But this is a
case 10 when he statute requires general houce TO De
II given, because the is OF general Importance.
= And though the notice may have extended in fact to
acne q tip opponents OF the measure II may have es-
capped tbs attention Of others Therefore should IN
order q guard the public veal and aspect the law require
fu aud peFset complanceiwith the statute because
no reason why We should The paper, in which this
note wasQmiited, may have been The very one which
would have eor 10 Me notice II some opposers Of the
meaaute who nbw have no notice.
Mr. Shaw stated thai there we're two ways TO constue
the law Que was TO alhere to the letter, and the other
TO adhere 10 the sHiut He thought this legislature
would solf Up lot Of petuiogrfs, but would
inquire u the reasonable notice of this measure had
given according toe intent Of the law and
act accordingly. lie thought that the facts developed
before The committee ia this case showed conclusvey
that there had been ample and legal notice of the mat
IN Of the papers the notice had been properly
given in the other either by the mis- AXE the rascal
T. ny Of the printer, 1t had been omitted one week. But
notwithstanding This, the opposers of the hay,
had due notice lie thought this House would moi
strain at the gnat Of this technical omission aud swallow
thesCame of cptvlcuouiof notice in fact
ar Dorr said t could not be supposed that he had any
y peculiar nteretn this matter But ho desired tha ~
one should lose sight Of the design when looking At h
" letter Of the La. The gentleman from Woodstork h'
~ thought, failed to that this required notice
"a he gwen TO the public, and in certain way.
The statute required notice to be given three week
successfully. That might not Inean three successive
~ weeks. But the notice must be published long IL
~ order To comply with the Surprising tho pub
We Usher NJ paper had refused publish the notice yc
II Published in paper. Now will the Legislature
permit that editor defeat the intent Of The law =
VI lie thought not. lie then cited the Of the bank
tand. In that there publication
ne notice at all But still the legislature granted the char
~ ter lie would not express any opinion the merits
ol the question " incorporation n this road.
~ Mr. scwell ~ Luucnburgh represented portion
'h the people, Immediately interested Ia this
lie lie hoped this bill would be- reoommitted aad fti
hearing had on its merits.
ia Mr. White of Coventry thought ought to lay asd
'h all that has been said about notice fact Here
law and We must comply with IT, II he serve
o. with justice writ he had notice in fact though Nigh
not have been done within the time prescribed by law
e. and yet would hold him. Suppose the director
an ten notice in this That is notice in fact but
"a passing upon this measure, What Of the notice ma
ne have been reasonable yet it might have been
enable 10 others. Everything that the law require
as should be done la particular way unreasonable whe
on done in some other way. We have the power oyc
ca ride any laws but have not the right TO do H. Il
- true We cannot bind future legislature by rule
but we can by our laws until they, in the exercise
ne their legislative power, repeal them He had not niue
e. 10 say about that hne spun theory Of three weeks
'T cessey and three successive weeks The good con
mon sense Of any man could see no difference hetwee
IN the two The question for us Is whether will ove
OF ride this fair aud positive provision Of the statute
ma agree the motion 10 recummil, or whether wi
abide by the aw aud keep mp It's dignity before the pee
A. pie We ought not to set before the people such d
on obedience OF law as is contemplated ia this motion.