The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1867-01-29
The Railroad Difficulties of South.
western Vermont.

Tie interruption OF railroad commune
cation between the towns Of Bennington
County and Trey, y. Y, is still causing
considerable Excitement. The people are
justly Indignant. All railroads are char
| tered by, and, for the accommodation Of,
the public. The same public, in certain
| sense, builds and sustains them, an when
railroad company refuse. to run the
trains or make the connections properly,
an implied contract is violated. The
| Company may be amenab.e TO no law
every legal obligation may have been res
! pectod, yct il mast be arraignod before
the bar Of public opinion anil condemned.
And if il is condemned for an ordinary
violation Of an implied contract with the
public, because the fuliilmcnt won, con
| flict with their corporate interests, much
more so. when this utter reCklcssncss OF
the public veal is cause by vcngeful
/ spite against one or more private indvid.
uals, anl is alike in conflict with tn, i'
own interests and those Of the pu >. II
is to be hoped this experience Of our own
people, AMI that which the people Of
some portions Of New York state have
! r emily lad, Of the eonio5s tyranny Of
grasping corporations, will teach future
legislators lesson.
The n.rds Of tho suit commenced
against the Troy j. Boston Railroad
Company we do not pretend to decide.
II will undoubtedly be tried before courts
competent to determine But the action
Of the Troy e Boston company in refusing
to run trains between IIooslck Junction
and the State line "a distance OF five
milcs) to avoid making connection With
the Bennington 4 Rutland road, whose
present managers have no interest what
ever in the pending suits, must be con
demned rs dn exhibition Of bad temper
and intolerablc stupidity. The following
letter from Hon. T. W. Park, President
Of the bennington & Rutland railroad,
explains the situation fully and clearly
OFFICE or THE
Bennington & Rutland r. r. Co.
No. Bennington. Jan q, 1857
To the people Of Vermont who are inter
esied in the use Of the bennington 4
Rutland Railroad.
The proprietors Of the Bennington &
Rutland railroad deem it proper to ad-
dress you few words in relation to the
present business facilities Of the road.
When this company was formed it was
their intention to run the road on their
own account but failing to make an ar
rangement with the Troy & Boston r.
Il. Co. for connection by which our
road could be run and pay expenses, it
was leased 10 Gov. Smith, who has as>o
ciatcd with him in the lease the Hon
John b. Page. In making the lease the
company provided for the running of
trains to accommodate the business e the
line both freight and passenger, AMI at
rates not exceeding those fixed by other
Vermont roads. The company in making
this lease did the only thing they could
do unless they chose to close the road or
run 1t at a loss We believed that Gov.
Smith, from his interest in other railroads
in this State, would have facilities for
running the road to advantage, and since
Mr.. Page, having similar connexions
with still other railroads. has become as
scciated with him, We entertain no doubt
that they will be able TO run the road in
such manner as will give entire satistac-
ton 10 both the business and travelling
public, and with reasonable profit to
themselves
The day after the old lease to the
Troy & Boston Company expired, the
trustees from whom they took the lease
instituted suit against them to recover
damages for breaches of covenant in the
lease to keep the road and its appendages
in good repair, upon which n portion Of
the personal properly of the company was
att ,chld
1t is claimed by the plaintiffs that
so far from keeping their covenant
the defendants during the ten years ot
their lease wore out the iron rails, and
suffered the road in other particular, and
it's buildings and fences 20 run to decay,
so that at the end OF the lease the road,
which WAS comparatively new at its com
mencoment, was nearly worn out, needing
great repairs TO make it tit and safe for
use. Whether the Troy & Boston Co.
are liable for the heavy damages claimed
against them will be examined and tried
by the courts, and it is not proposed to
discuss the question here Ii is however
proper to say TINT neither Mr.. smith nor
MIR. Page are in any way responsible tor
the bringing Of the suit, that they had no
knowledge it, have no inierCst in II,
and no control over il,