Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1869-11-17

SENATE
Referred. IL li5, toincorpomtc the Vergcnne'
Navigation Co.
II. 1870, laying a tax on Avery and Buel'.
Cores
II 23i. to legaize the Grand List Of Guillord
H. 2i3, n constitute Eddie Marshal Smith
her-at-aw Of philander and Mary Smith.
II -, in amendment of act Incorporating the
Champaign Transportation Co.
II lis, Incorporating the town Of Stannard.
] II POP, 10 legalizc the Grand List of Chelsea.
/ II 200 10 enable the towns n the Counties oil
/ Orange and Windsor to aid ia the construction o
the West Fairee Railroad
IL 226, changing the name Of Lille May Ken.
yon To- Nelson.
II POS. to prevent the destruction of fish,
] II M, authorizing the lamouc Valley Rail.
. road 30 extend aud construct their road Go Qu0m
Bay.
II POI, to protect fish in Spencer Hollow Brook
and is tributaries.
II 2O6, to enable the towns therein named To
aid In the construction Of the Northern w. and
Lake Champlain Railroad
II 1872, TO amend an act to incorporate the city
/ f Burlington
y II got to enable the towns therein named o.
fhid in the construction OF the Fairfax Railroad.
/ II. 100 % incorporate The Nlanm-tequct Valley
I Railroad Co.
II A., 70 incorporate the North Eastern Mutual
| Life Insurance Go.
II. lG7 iu addition 10 an act relating 10 the re-
appraisal of real estate in certain cases
/ II 2tl 10 prevent the careless use OF fire arms
/ II $50, to Incorporate the Bradford Trust Go.
; 50, changing the day of holding the Annual
/ Meeting OF the Board of Education
Returned from the House with proposal OF
amendment agreed TO.
/ ). 10, in addition to chap. 80, Grand List
Returned 10y the Governor without hisupproval,
and with his objections thereto ia writing The
question being ON It's passage. notwithstanding
| the objections OF the Governor On motion Of
! Mr. Pingry laid upon the table.
The veto Of the Governor is as follows
MONTPELIER, Nov. Is, 1869
/ To the President ofhe Senate.
SIR return herewith % the Senate without
| my approval, bill originating in the Senate. en-
titled " An act in addition 10 chapter 50 of the
/ general statutes, entitled OF the grand list "
This bill provides that if the owners Of stock in
any bank. &c, shall remove from one town 90
another town in this State, and shall omit, ON or
before the sixth day of the next April t. give mo-
tce 10 the cashier Of the bank Of his removal il
shall be the duty of the listers OF the town from
which he removed % set his stock in the grand
list of that town. and such person is made liable
20 pay all taxes which shall be- assessed upon DO lon
that town. IL makes no provision, in terms, for
the case where the fact OF The removal !. known
90 the cashier in some other way, and he gives %
the town clerk OF the town, 20 which the person
has removed the notice required by chapter 81
section IL, OF the general statutes but requires
absolutely, that ID the taxpayer Shall him0If
omit 20 give 10 the cashier notice Of hi. removal
he shall be taxed for his stock in the town from
which he removed, even though no return of his
stock Is made by the cashier 20 that town and it
leaves 1t entirely uncertain, whether IL the tax
payer omit "a give the notice required of him but
the cashier ascertlns the fact of removal other
wise, and makes return Of the stock TO the town
10 which such person has removed, he shall
thereupOn be taxed in both towns or only In the
town in which he doe, not reside. and not in the
town where he does reside If double taxation
was intended, the bill is defective in not express
~ 50 providing for double taxation for the same
property is in the nature OF n penalty. which
must be expressed upon the face of the law. and
cannot be mere matter Of inference And it, instead
OF double taxation. 1t was intended as expressed in
the bill that the owner Of the stock should only
be taxed in the town from which he has removed
and not IN the town where he resides then il
may deprive the latter town of the benefit of his
grand list, not for any fault Of that town. or of
its officers, hut as the result Of the voluntary
omission OF the taxpayer, and nc the same time
fce b such taxpayer full power 10 ees,t ia which
town he shall be taxed for his bank stock-a very
convenient power for him b have, IN case where
the rate of taxntion in the town to which he re-
moves exceeds that Of the town from which the
I
the policy OF the general laws of the state upon
I the subject of taxation
am unable to determine from the terms of the
bill whether it was intended merely 10 impose n
duty upon the taxpayer, and TO provide that his
| OMISSION to perform that duty should not operate
/ 20 enable him 10 escape taxation ia some town or
/ whether II was also intended 10 provide that he
might be taxed in both towns, as a penalty for hi,
| omission o. perform the duty And i'm either
view the terms of the bill are so indefinite. ant
would so obviously induce litigation in order t,
obtain Judicial construction Of its intent. tina
! am unwilling to give It my approval although
u bill were carefully drawn in either aspect /
might provide avery proper remedy Tor an existing
mischief
therefore respectfully return the bin to the
Senate for their further consideration.
PETER I. NAsmuRN, Governor
5 81 TO extend the charter of the West Rive
Railroad third reading ordered
Mr. Goodell moved that the House be requisite,
to return to the Senate II 40 adopted.
Special ordr.-H u, in amendment and il
eating drinks.
Mr.. Royce stated his objections to the bill
showing what he believed to be its unconsttu
uonal features, in relation to search and seizure
readlng IRON both the United States and Stat
Constitutions to substantiate his position
Mr.. Plngry briefly replied He was not mar.
ucularly sensitive upon the subject of the Con
stltutlOn IN view of the good 10 he obtained from
the passage Of the bill
MI Royce admonished the Senator that h,
could better subserye the cause Of Temperance b,
keeping within the limits of the Constitution.
IN motion Oh Mr. Plngry, committed to Sen
ator 10 amend amended and passed
Passed M concurrence IL. 2iS, 10 incorporot,
the village of Benson
II 23l legalizng the grand list Of Victory.
l II. 2ly, amending an act Incorporating the Do
minion Marble Company
H. 10, relating to library associations. with
proposals OF amendment
IL 259, laying tax on the county of Rutland
II 227 in amendment Of an act authorizing tbe
establishing Of central schools.
Mr.. Halbert called up H. o. to annex a part of
the town OF Ripton to the town Of Lincoln.
H. 2l9, IN amendment Of an act relating to in.
I structlon of the deaf, dumb and blind.
Il 2l0, granting ferry to John Quincy Adams.
jurisdiction Of constables
IL l22 to tax the lands of the town of Stratton.
II IA, to protect fish in lloyey pond
H. 2uli 10 enable certain town to aid in the
fcutistruction of the Fairfax railroad
fl, H. W. to Incorporate the Caledonia County
II. "A, amending an act Incorporating the
Champaign Transportation Company
i Mr. Royce moved that when the Senate ad-
adopted
). 40, 70 annex a part Of the town of Whining
ton TO Dover, having been returned from the
House MI PIngry moved to reconsider the vote
passing the bill
Mr.. Dewey of Washington called FIR tbe ,o,.
and nays yeas 10, nays 5.
| Mr., Goodel moved reconsideration of the vote
adopting the amendment proposel by Mr.. Heath
yeas 10, nays 49, The President voted in the nc
hrmatiye. Reconsiiered
| Tn its passage, Mr.. Heath demanded the yeas
and nays yeas IA, nays H.
! On motion of Mr.. SAKE, adjourned.
HOUSE.
Joint resolution. From the Senate, autboriz-
ing the Trustees Of the State Library TO purchase
complete set of English Reports for the Library .
adopted in concurrence.
Bills read me third time III. 2i7, relating to
the grand list recommitted to committee on
grand list.
II. 40, to annex part Of the town of Whining
ton 10 the town OF Dover returned from the Sen
ate with proposal Of amendment, submitting the
Dlli 70 the vote OF the towns Tor acceptance
which was agreed TO-
Seuoie biljg voCrrro8 IN -,