Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-12-03

NlflN hN ANh llAh4 tfehN DIN hAhl
Ann PAGE. Trustees Of the Second
Mortgage Bondholders Of the Rutland
aud Burlington Railroad Company, and
other,
The hearing in this cause, which CON.
menccd on Friday Of last week, was yes
terday brought 10 close, The entire
trial was occupied until yesterday noon
by counsel in reading the voluminou,
pleadings, evidence, and various exhibits
in tho ease: al the conclusion of which
his Honor, the Chancellor, addressed the
counsel As follows;
/ PiERPoINr, Chmccl'oT-Gcntlcmcn -
Allow me to make q suggestion. of
course | am subject 10 yc"t ,vntIui, 10 a
transferable extent. in the matter but there
are some things that neither You nor
can control, suppose this case 10 be ar.
gucd AZ length it would probably occupy
/ 20 into the court ut Middlebury, and
with the exception Of a day or two, or
three, as can aecidently get them, land |
most certainly need them shall have no
time at all in which | can examine this
case, with view to making anything
like an Ineligible or sensible decree I'M
I'll next summer lou all understand
that the terms Of my courts continue
right along until get through with the
spring term Of the county court Of Chit
tenden county. Then there will be a va
cation between that and the spring term
of Addison county: so that, substanti-
/ ally, there is no period from this time till
next spring that | can devote TO the ex-
animation of this case, with an opportun-
] ity TO give it such thorough attention rs
is necessary to determine what the decree
ought 10 be- At all events, il is utterly
I impossible for me TO do il before the next
1 term of the supreme court of this county /;
and If II passes that term, II cannot get
/ into the supreme court until the regular
/ term for this county. TO be held in Janu-
airy or February, 1870. When il shall
reach the supreme court, it is hardly TO be
expected that it will be heard at the reg
ular term in this county. 1t would take
a. much time as the law gives for the
transaction Of the business of the entire
term. So that, when the case does
reach the supreme court, it seems to
be inevitable that it will pass to the
general term, TO be held in Novem-
Der. If / am required TO make an
examination of the case, and to make a
decree based upon such an examination,
there is no probability, as can see, of its
coming to a hearing in the supreme court
before the general term TO hc held a year
from next fall.
! Wen, this is II case that ought 10 be dis
posed Of speedily for the interest Of all
these parties.
| Under these circumstances, what is the
( best course to take about it What is
| best to be done with it {, As | said
before, if you 60 into an extended argu-
ment, unless Lean defer it until | can
have sufficient time to give it such consid-
Grafton as will enable me to form such an
opinion US will be the basis Of an intelli-
gent decree, and one that | shall feel that
the parties should be bound by, OF course
| can not make such decree.
i If | should examine it. and determine
that the decree ought to be. in favor of the
orators, and settle the principle upon
which that decree should be based, it is
apparent from what have already seen
OF the case that no fixed, permanent, bind
ing decree can be made upon a hearing
of this sort. There are interests involved
and circumstances connected with the
case that will necessarily require that ii
be referred to a master for certain purpo-
SEES, and that proceeding would inevitably
prolong the case. After | have settled
, the principles upon which | think the
case ought to be decided, and have got
from the masters report the necessary
facts, and have made decree as | think
it should be made, when 1t goes to the
supreme court, that tribunal may change
entirely the basis upon which the decree
was made so that really il seems to me
that the labor should be compelled &c
bestow upon the whole case would have
no effect except to prolong the case from
a year to eighteen months
Now it seems to me, in view of all these
circumstances, the better way is that
there be strictly pro f0rn'0 decree enter
ed in the case, and the parties in the case
go at once to the Supreme Court. Then
y e it is not heard at the next term in thi.
Gov, you will get hearing as soon a,
a, ,he ne general term Of the Suprem,
9 court 4" effect will inevitably be Il
shorten the c'tNN and bring it to a tinaI
. hearing one year ~ last sooner than by
J.. the other course. All 40 labor that
. might spend upon it, woula benefit no
, body. ! might spend "A month upon it
and make a decree that | should be will
ing 70 abide by, and be satisfied was right
e yet when the ease reaches the Supreme
V Court, they get no benefit, no light iron
j. il. It. is labor expended in vain The,
must 20 over precisely the same ground.
ndcr these circumstances is it wise t.
= 20 on with the hearing and complete
: your arguments After you should have
d argued the case at length, ! might b,
a. disposed To make the same disposition o
!. IT that now suggest, because as | hav,
already stated, there can b. no good re
suit from the expenditure of labor ON m,
d part ON this case, aud the evil will be in
p, cyItable al Its continuance "a year longer
l. ! submit IT to you OF course You ca,
say after consultation among youraalye
=, what cours,' you desire to pursue becau~
Il if you insist upon the argument, | shall
: listen to- it. but it is by no means certain
- that after sou have argued it at length
:. shall not feel it to be my duty under til
circumstances that have Just suggested
to make a Ir0 fo1mo decree with view
; to progress i'll the canse, and to faeiliat
i the final hearing.
II You may consider it, if you are not dis
|. posed to say now what course you vii
;, pursue.
After the conclusion of the remarks o
the chancellor for the above verbatim re
port we are indebted to the kindness O
!. j. NJ. " iarrinton, Esq, OF Boston, and
. af'ef consultation between counsel, prc
/ .}"'"'a a'@ree Diminishing the bill with
:, feosts, was entered, from which the orator.
took an appeal to t.e Supreme Court.
~ Winter i. nou fairly