Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-07-16

ton, on the application OF one OF the
stockholders, against the extension Of the
Rutland and Burlington Railroad north OF
this city. i, with others, was at that time
counsel for the company. The question
was fully, and I may be permitted I'd
say, ably argued in favor of the right Of
extension, and /, with many others,
Judge Royce among the number. thought
the injunction should not be granted. 1t
was bitter controversy, and when Judge
Bennett granted the application for an
injunction, it was generally considered TO
be an arbitrary exercise ofpcwer without
legal reason, and even his integrity was
questioned. But-and l mention this
fact to do justice to the memory of the
learned iurist, whose mind first truly
comprehended and applied the legal
principles NEUTRALITY-SUSPICIOUS. decisions
have amply sustained his opinion that a
corporation has no right TO misappro-
pirate their funds without the consent OF
all the corporators. This was one Of the
earliest decisions ON record, certainly the
earliest in this country upon that point,
and now this rule is followed out every
day in some part Of our land.
MIR, ROBERTS REMARKS.
l haze little to add, my friends, to the
sentiments of these resolutions. IL is
especially their merit that they are sincere,
and as we think. truthful. On an oeea.
sion which demands, by the customs Of
society. or of an association, some formal
notice by the brotherhood of the deoease
OF member, it is a happy circumstance
when we are not forced to the employ
ment of ingenious phraseology 10 hide
vices, over defects of character in the SUBJ
ject of such notice, when we can employ
the language of eulogy, without appear.
ing TO be satirists in disguise, So We
found this occasion, for although
nice analysis of the character of Judge
Bennett might place him below the high
est standard of human character in some
of its qualities, yet he lowered so far
above the common vices and WEAKNESSES,
the attainmeDts and virtues of common
men, that We need not to temper our euio-
gy in pronouncing him good man; an
honor to an honorable profession long alu'
dieial pillar of the State, pillar of gran
lite, but ornamental because of its proper
toned strength and adaptedness TO lis
place and uses.
The people Of Burlington have known
Judge Bennett for thirty years. | have
known him for two years longer. In le5t
|, then but lad in years, and tyre IN
my profession, by his invitation, becam,
for a time associated with him in business
and succeeded him in his law office al
Manchester. BY diligence in his profes'
sion he had attained high rank as law
yer and fair estate. a residence II
Maine for two years and his connection
with an unaccustomed business, lost hin
his estate, and in 1888 he was recalled by
his professional friends to return and tax,
the place on the Bench of the Supreme
Court, which was made vacant by thu
transfer of Judge Samuel S. Phelps to th'
United States Senate, When one of hi
associates upon the bench asked him hi
age, he pleasantly disguised his chagrin a
this loss Of two years in life which h,
meant for success, by replying Il an
sixty-fve; but if you count those tw,
years lost in Maine, am sixty-seyen.
His neighbors for the last thirty years
and the people of the State who have
known him only as public man, can ties
! tify that his life since he came bacl
amoug us, has not been failure, but /
substantial success. He has been filled
up with honest, persistent labors, for III,
public. Through them public justice ha
been vindicted, vice punished and sup
dressed, good order promoted, and tn
law illustrated.
He honored the Office and public com
missions with which the people had hon
ored him. There is no blot upon hi
, honor. The world has none too man,
such men as was our deceased friend.
To those who knew Judge Bennett bu
slightly, / doubt not he seemed too stcrI
and uncompromising in his views an,
ways, and as somewhat lacking in human
sympathies, but those who knew hin
, better appreciated him the more, and thos
who knew him best and got nearest t
him. found he had a soft side to his hear
which responded to kindly and gcnerou
t emotions.
But he has gone-gathered like shoe
of corn fully riPe-full Of years and Q
honors. His excellent wife ha dsone be
fore, leaving him alone. The associa
$ tions connected with his Burlington HON
| had all been uprooted by the removal 0
his very hearth-stone, and the uprootinI
of the flowers which his wife had plantet
and tended; his well-studied library ha,
! been disposed of his old law papers ha'
: been sent to the paper maker, and havini
deliberately closed his earthly affairs, h
turned his back upon Burlington, and a
: the same time upon life, to die in. anothe
1 State, but in the arms of his sons, and t
e open his eyes upon better lite, wher
we shall all need grace and pardon NOR
than law. Peace to his ashes, and homo
: to his memory.
5 From the Burlington Times
Death Of Gamaliel IL. sawyer.