Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-08-21
Nontpelier L St, Johnsbury Railroad.
Arr11cArIoy FOE AZ 1HJuHc1lON.

Montpelier L St. Johnsbury Railroad.
APPLICATION EoH Az 1IJuHcrlOx.
A hearing was had beibre Chancellor Peck,
1T Mr.. Burnham's hotel in Montpelier, last
Monday, on application Of David Goodall, a
taxpayer in st. Johnsbary, satins the court
of equity, on behalf of said Goodall and
many other tax payers Of sAid st. Johnsbury,
to enioin the town Of St. Johnsbury from
aiding in tho construction of the Montpelier
and St. Johnsbury and the Essex County
Railroads. The defendants named in the
bill were the eelectmen of st. Johnsbury, and
the commissioners appointed in the lnstru-
ment of assent by which the taxpayers OF
the town have authorized the town to aid
these roads. This instrument of assent au-
thorixes the town to take $3.50, 900 Of stock
and bonds Of the Montpelier and st. Johns
bury road, and $4,000 of stock and bonds
of the Essex County road. Messrs. Bartlett
and Belden, Of Lyndon, appeared as solicitors
for the application, and Judge Poland, of st.
Johnsbury, appeared for those resisting the
application.
The arguments upon both sides turned
upon the constitusionality of the law Of the
special session authorizing 81. Johnsbury and
other towns 70 aid in the construction Of these
roade.
Mr. Bartlett insisted that railroad was a
private corporation, as much 80 as hotel
company or . manufacturing company; that
to allow towns to tax their inhabitants to aid
such An enterprise wss taking private prop
erty for private purposes, which was most
clearly unconstitutional that if the corpo-
rations were in any sense public, yet the law
was still unconstitutional, inasmuch as the
taxation was unequal, one town being au-
thorized TO take upon itself q much heavier
burden in proportion 10 its valuation than
another that it was unconstitutional in the
method Of procedure contemplated by the
law, as is authorized administrators, guar
dams, executors, aliens szd females, who were
taxpayers, to vote, whereas it should have
submitted the question OF taxation to she
freemen of the town aad shat it was uncon-
s,itutional in sakiag private property for
public purposes cishous compensation. Mr..
Bsrsls,t cited no sases exeept Presiden. Jack
sons veto OF tie Aaysvills Turnpike bill,
and o cose il Iowa, il which the supreme
court of that state held Law authorizing
cities and soy ns TO aid railroad enterprises
to be uneons:it~ siolal.
Judge Poland replied to sir. Bartlett lie
asked tho Chancellor to esuarely decide the
question eff the eoRstitutioaalisy Of the law
a. tho defense did rot care 10 shelter them
vaieh they could make - the application
He the. showed that tie identical question
raised ia this ease, VIZ de power of she
legislature 10 authoriss eowns 10 aid. by tax
alton, in the oohstruesioa OF railroads
been repeatedly decides in tavor Of such leg
islasion By the supreme courts CT si1seer
states, and b. the Suprene Cour. of the Uni
ted States Ihsre being only one decision o
she contrary that Ia tee state Of Iowa
which had aimee been declared ROT to be good
States. Judge Poland re&d at much length
tbs ella borA;e and exhaustive Argument of the
court in PenHsy lyanis case in 1855, in the
course Of whica the points made by Mr.
Bartlett in ehis case were answered ia detail
lie insisted chat the law vas altogether tot
well settled TO be COW disturbed. il being es
tablished as far as Judicial decisions can estah-
lish anything, that the qusosions raised u
The bill were questions of policy 30 lie decide
by she General Assembly, and not OF consti-
tutionnl Law 30 be determined by tie courts
Chancellor Peck took the PAPERS. and re
served his decision, which will probably ht
given when the Supreme Cours meets at ST
Johnsbury next week.
We learned from the answer in this case
that the grand liss Of St Johnsbury If gil :
$50 IL, and that the 81, payers in shat towr
fayoring aid b the rnilroad represent go
SO 81 of that lisa. There are 1884 tax payer.
in the town, 638 of whom have signed .ht
instruments Of assent OF this 1855, sixty
SIX arc on-residsIts, and not - pe sount ted
by the terms Of the lcw The acsual major
isy, therefore, of taxpayers authorized :,
vote is eighty eight, ana Of she grand list
about IS ,00V. The commissioners ana town
officials of ST. Johnsbury propose a. 60 ahead
and subscribe for che stock of the roads a.
soon as the Chancellor decides this esse, unless
from tho uniformity of decisions bJ The
courts Of other stntoe, sustaining laws simi-
lar to those Of the special session shev have