Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-11-14
RUTLAND HERALD.
MONDAY, NOVEMBER II, 1857.
Editorial Correspondence.
MONTPELIER, Nov.

MosrPELIER, Nov. %.
Deer Herald The Legislature have
pushed forward the business OF the ses.
sion towards completion, quite rapidly
during the present week, and much to
the surprise OF all a quorum was found
In both Houses this morning, with the
evident intention OF remaining In town
for the purpose of forwarding the work.
There now remain only two obstacles TO
fixlog al early day for tinsl adjournment
1.-The Burden Railroad and the contested
election OF the Justices OF the Peace in
the town OF Bradford, now being heard
before the Joint Committee. The Brad
ford case has been before the committee
since the first week OF the session and
they have only reached the examination
OF witnesses. Several legal points have
been raised and argued by counsel in the
Investigation, several OF which are of
Importance as presidents. The election
was held under the Registry law, pro-
vidiDg for a check list of voters. The
question arose whether the committee
could go back Of the Registration or
check list to prove fraud or Illegal voting.
The committee, after much time spent In
the investigation and listening to argu-
ments, decided TO receive testimony,
thus holding that the check list is not
final as to determining the point as to
the commission of fraud. Another point
in the case was, that both the election
OF Representative and Justices of the
Peace are contested, and the evidence 10
one case was the same rs In the other :.
The testimony In reference to the Repre-
sentative's election was also presented
in the Justices case, and the dispositions
had two captions expressly stating that
they must be seperate dispositions taken
in each case and this point the commit
tee sustained and the Legislature by
joint resolution authorized the commit
tee to send for persons and papers with
out expense to the State, and this pro-
ceedlng delays the decision OF the com
mittee. Col. Roswell Farnham and Hon.
c. W. Willard, appear for the contest
ants, and Col. Asa III. Dickey aud Hon.
Andrew Tracy appears on the other side.
The testimony in the Burden Road
was closed on the part OF Mr.. Park, on
Friday evening. Theeyidence presented
has been mainly in reference to the rail-
road.difficulties in Bennington, given by
its leading citizens, endeayoring to es-
tablish the fact that the Wslloomsae
Railroad is but an effort OF the Troy &
Boston TO procure connection with
Bennington, and that 1t would naturally
iDjure the business of the New Lebanon
Springs road, and in a measure defeat
heIwishes OF the people OF that section
oe the ps.-tS. ri.~ Sunrus Will pro-
baby be commenced on Tuesday evening
next. They will be made by Hon. Chas.
w. Willard, Hon. Timothy P. Red6eld
and Hon. Leverett B. Englesby, for the
Burdens, and Hon. Luke P. Poland and
Hon. Dudley c. Denison for Mr.. Park.
Mr.. Park, being q member OF the House,
will not probably argue the question be-
fore the committee, reserving his argu-
ment 10 be made before the house of
Representatives, when the question
comes before that body. THERE'S no ex.
preston OF opinion from which any
Judgment can be formed of the final
termination OF this question. 81
Since the burning OF the Jail, the
members from Rutland county have been
considering the need of new Jail and a
bill has been presented by Mr.. Wood OF
Fairhaven, to raise tax for that pur-
pose, also for paying the present indebted
ness Of the county, and contains pro-
vision repeating the act passed few
days since, laying a tax 70 pay the county
debt. At meeting OF the Senators and
Representatives from the county, held
on Friday morning, committee con-
ststing Of Senator Allen, Representatives
Whedon and Fisher was appointed to
ascertain the damages to and the present
condition Of the Jail, and report next
week, so that the amount of tax for It's
repair or the building of new jail. may
be determined. There seems to be some
division Of opinion among the members
upon the question of building a new
jail, hence the sending of the committee
to examine the subject, whose report
will undoubtedly settle the question,
Your readers have already been In
formed of the declination of the Hon
Loyal Q. Kellogg of his re election as a
Judge of the Supreme Court, on account
OF the condition Of his health. The re.
tirement Of Judge Kellogg from the
bench is regretted. He has established
for himself an enviahle reputa with
the Bar of the State as an upright and
able jurist, and retires with an honor
able position among his associates. The
election of our fellow citizen, Hon