Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1863-11-03
HOUSE--AJiern0on.
THIRD READING or BILLS.

An act relating 10 the revocation Of teacher,
certificates passed.
An act to amend section 40 Of chapter SO, en-
titled of private corporations passed.
A general act providing Tor changes of name
passed.
An act to provide for auditing accounts and
defining the duties Of the auditor; passed.
An act in amendment of section | Of chapter
Is of General Statutes relating to towns and vii
lagesi passed.
An act in amendment Of chapter "a of the
General Statutes entitled Of the collection ol
taxes passed.
Senate bill. an act ia addition to an act pro-
vdng for the distribution Of the General Statutes
passed
BILLS.
BY Mr Wilson Of Bakersfield an act in addition
to chapter 81 Of General Statutes, relating to
traffic 10 intoxicating drinks referred to Com.
mitlee on Ways and Means
Adjourned.
TUESDAY, Oct. q.
SE.N.4TE
Devotional exercises. Reading OF the Scrip
lures, and prayer, by the Chaplain.
Journal Of yesterday read and approved.
REPORTS
By Mr.. StOughlop, lor the Judiciary Commit
& tee, adversely on House bill "A, in amendmen! Of
section / chapter 20 Of the General Statutes,
4 entitled An act for tho slpportand removal OF
paupers, aud TOR the relief Of the insane poor :
thud reading refused.
By Mr. SSougatou, for the Judiciary Commit
tee, adversely on House bl %, IN amendment oi
chapter SO Of the General Statutes, relating to
the taking of deposit.ons third reading refused.
LaH. so. tho Iudtasaru inmu1Iftpf
hvoraby on House bill 81, amending forms II
and "A, Of chapter "a OF the General Statutes,
entitled OF forms OF sundry wrlls, precepts and
other instruments" third reading ordered -rsad
the third time and passed
By Mr. Englesby, f9r the Judiciary Committee,
fayorably, on Ilouse bill A, 10 amendment OF e1ap-
ter 80 Of the General Statutes providing for Jul
form rules OF practice in the county courts and
cour's Of ohancery In this State third reading
ordered Read the third time and passed.
HOUSE
Reading the Scriptures and Prayer by the Chap
lain.
Journal read and approved.
BILLS.
b, Mr.. Colcord Of Franklin, an act changing
the name of Marshal ;. tlangerford referred
to the General Committee.
REPORTS
By Mr. Howard, for Committee on Military
Affairs, against providing for the introduction oi
Shorts patent knapsacks among Vermont soldiers.
By Mr.. Marcy, for the Committee on Roads,
that the ESSEX COUNTY RAILROAD BILL should
not be further proceeded with because due notice
Of said bill was not given 10 strict accordance
with the requirement Of the law. The report
stated that by error of the printer, the notice had
been omitted one week 10 the CaiedoHidn.
Mr. Shaw Of Burlington, moved 10 recommiI
the bill TO me Committee With instruction to ie.
por, upon the merits Of the bill, us the law re-
auiring notice had been substantially complied
with
Mr. Marcy chairman OF the Committee Oh
Roads, stated in reply to inquiries, that the notice
given wa, considered by the majority Of the Com
miuse substantially good, and such notice as u
contemplated by the law.
Mr.. Chandler believed that the motion TO m
struc, the Committee TO report upon the merlu
OF the bill should prevail. The llu'e With reier
ence to the notice was very slight. Ia the .Nodi
Star the notice had been in strict compliance will
the law. ln the Caled0nidn there had feall,
been no failure TO give sufficient notice, but onil
disregard Of a technical requirement. lie fur
hutI cases WucTc llc btthlhNNiV f'V
ceeded in smil.r circumstances without even
pre,enee Of notice where the public good pIanl!
required II. There was no such inevitable neces
siiy with reference to notice . had been repre-
sented.
Mr.. Houston of Victory, stated that when h
learned that notice had not been given IN precisely
the form required by law, he bad taken the Ir'ubi'
as friend OF the bill TO ascertain by reference l'
the Journ,ls OF the Legislature, whether ther'
we're precedents for disregaCdng this Objection
He learned from Others, and from the Journals
that the Legislature had passed very lightly owe
any trihing objections in reference to notices
this kind. He cited from the Journals OF prevlou
years cases to substsntate his position. Reason
able notice n accordance with the spirit OF tn
law had been given in this case and there ough
not to be any objection to the bill on the groun'
Of mere technical omission.
MIR. Wilson Of Bakersfield, thought the bill
could not be entertained without a violation o
the statute. The Committee had reported tha
there had not been compliance with the statute
The Committee, he supposed, meant what the.
said. There had been real failure TO oonpl
with that which was essential in the case. Viii
reference to the argument that Legislatures 0
previous years had proceeded without due regar'
to the statute, he thought ii was only an argumen
that because previous Legislatures had don
wrong, this one should do wrong also.
Mr. Shaw Of Burlington, stated that there ver
two ways Of constituting the lawi one IN accord
anCe with its literal reading, and the other 10 &C
oordance with its spirit aud the Intention o' thos
who framed the law. The latter was undou6ted
ly the true method Of constituting the law AS
cording to this method Of Interpretation The la
had been complied with. 10 defeat bill on ID
ground Of technical objections, which had grow
out Of the caressuess Of printer, was unjust I
the friends Of the bill
Mr. Dorr Of Rutland, thought that the oble
tons urged against the notice were not sound.
was even doubtful whether a strict rendering
the law would exclude the bill. 1t appeared III
notice had been given for three weeks In the "a
edonidn, as required by the Law. The only d
parture, or supposed departure, fiom the law W
that these publications were not for three succe
siys weeks The law required 4" three weeks 81
cessiyely." Il was, in his opinion, doubtful whet
er the phrase Just quoted could no, mean 9th
than three successive weeks. lie cited cases
show that sueh strict rendering Of the stalu
with reference 10 notices had not been heretofo
insisted upon by the Legislature.
Mr.. Sewe OF Lunenburg. spoke briefly IN is'
Of the interests Of bis constituents Of Bss
County. The notice given was substantially goo
and he hoped the bill would be re.oommltsed,
had been moved. f.tsfafa ii
Dir. White Of Coventry, thought It beet