Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-11-25
House bill, TO pay certain volunteers the
,untv therein named; third reading re-


Senate bill, abolishing the solitary con-
fnament of persons sentenced to death;
third reading refused.
Senate bill, to encourage manufactures.
The bill exempts from taxation Tor the
term of five wears all manufacturing
hereafter erected by indi-
vidnals or corporations, and all machinery
and capital used for operating the same,
together with all machinery hereafter put
into buildings heretofore erected, but not
now occupied. or not now in condition
for occupation, and all the capital used
for operating the same; discussed by mr..
Garfield of Arlington, Mr.. Severance OF
Glover, Mr.. Boyce Of Fayston. passed IN
concurrence. Ayes a8, nays 6o.
Senate bill. in amendment of an act to
nrovide for the removal of. obstructions
from the Passumpsic River; passed IN con-
currence. -,
House bill, fixing the salary OF the
snnerintendent and Chaplain Of the State
Prison, was taken up, the question being.
shall the bill be ordered to lie. Mr. Bull OF
Hancock moved that the bill be dismissed
After discussion by Mr.. Grover OF
Wells. Mr.. Brewer Of Enosburgh, Mr.
Edison of Mendon, Mr.. Hinckley or Chel-
sea. Mr.. Boyce Of Faystan. Mr.. Page OF
Hyde Park.
Mr. Chamberlain OF Reading, informed
the Honse that Mr.. Pollard was connected
with store, and said ne was usually
found in the store during business hours
and ne thought many men-good busi-
ness r.an iu Windsor eounty-would be
glad to assume The responsibility oi AR
| Pollards position, for the three dollars per
day. which il must b. ronceded MIR. 4.
really received
/ Mr.. Brown OF Richford. demauded the
tpreyious question. which was seconded by
! the Honse. The main question was there
Iupon put, sh,ll the bill be dismissed .
I Mr. Fnrnsworth of Windsor, demanded
+ ths ayes and nays, which we're taken :
Iayes I2i nav4 81 20 the bill was dis
missed. ;,
House bill to incorporate the hutland
& Bethel Railroad Company, returned
from the Senate with proposals OF amend
.nent, which were agreed to.
On motion OF Mr. hnowlton OF Strattcn,
adjourned.
HOUSE -FN ENlNo.
Senate bill providing for a view OF
premises in actions concerning real es-
tate passed in concurrence.
House hill to prescribe for an inspector
Of lumber ard shingles, prescribing his
duties: passed.
House bill providing for the temporary
discontinuance of highways; passage re-
fused.
Senate bill to incorporate the leland
Pond Academy passed in concurrence.
House bill TO incorporate the Mount
{ Tabor Mineral Spring and Hotel Com
pany passed. ao
Honse bill in alteration of chapter 81 OF
the general statutes entitled Of private
) corporations = passed.
! Honse bin in addition to chapter "a OF
: the Ee..esa, statute. relating 70 proceed
, - against tristsfs rsesse.
: House balI ia s..ssn.ssaent Di section y
chapter uj, gen.tsi -fafatss, entitled o.
z the oteaYvau,., ai lie Sabbath and Of de
tnrLin4 nl.Rh.ae a.e'in2s Eassed.
2 HMt-r biii - itlta Il ~ ~ aet moor
J p5fa.iuz Hos'ury ssfniUsry, approved
] Ny. 1913. ~. taken az, the question
: baink rhail ,bo bill b9 dismissed {
4 ff,e .ubect 8as further fully discussee
!, l., III. Dicksy Of Bradford, Mr. Wood q
: Fair l4gcI ~. Joyce a Rutland, ins
Mr E'bceloch " perha.
Q SIR. ButterGeld of VI ilmingloa dsi.-aad
J, cd iLa previous question, which wa sec
u endsd ~ thc House, ard aas put shsl
the bill be dismissed
) Mr. Stewart Of South Burlington. dc
I. raauded tho yeas and nsys, which were
T ayes 1l2. nays l03 - the biIl .gs dis
y missed
= Tho Speaker laid before the House
communication from the Governor, re
J, turaiug House bill relating TO diteles an'
water courses, without bis approval, an
with his objections thereto in writing, a
y follows
!; MONTPELIER, Nov. 10, lso'.
! To riIk SPEAkEk OF The
HOUSE OF RBFREsENTATINLs
sir-I returr herewith To the House
Representatives, without my apprnval,
: bill originating in the House, entitie
AN Act- relating TO bitches and wate
4 courses"
= 1t il well settled thut private propert
4 csnnot be taken for any other than
public use. either with or without con
peusation. and that it cannot be take
r even for such public use, without sue
- compensation is actually secured 70 u
owner before ii is taken and appropriate
TO such use.
This bill provides that zen 1t is (
n the interest Of individuals, 9 ming adjoil
: ing lands to open ditch or gater cour'
for the purpose of draining such land
: they shall bear jointly the expense
opening such ditch or water course, an
- if they c3nnot agree upon wat is the Ia
= proportion OF the expense TO be borne
=. each, the selectmen If the town shall
N eide between them. BY section SIX,
- provides that if it is necessary to exteI
such ditch or water course across Il
- lands of a third person, and the seler
y men shall decide that such third perst
= will not be benefited thereby, may COZ
:. struct such ditch or water course aero
- the land Of such third person at their ov
expense "without being trcspassers ther
!. for" And by subsequent sections 1t
= provided that if such person shall clai
damages therefor he may apply to Il
i selectmen TO appraise them, and may
,o peal from their decision. 1t thus direct
nc authorizes the taking of the land OF sn'
!. third person without his consent al
nc without securing to him any compens
tion before his land ia entered upon
~ that purpose. And the bill does not ev
- profess thus to take his property or cres
., eu an easement upon his lands for pub
,o use. of the parties who are to be benef
a 4. ted bv the ditch or water course. IL
- thus in conflict with the second article
!, - :, the Bill Of Rights in the Constitution
=. 80 this State and at variance with ~
r established rules and constitutional 10
al III And it is equally at variance with t
= requirements Of tho Constitution IN Z
= :, requiring compensation to be made TO !
" party. when land il taken without I
- - consent, previous to its being taken. =
~ ~ in this respect it is also at Variance VI
'ho s,s the uniform requirements Of the Ststs
' Law Of this State in refsrence to the +
~ ing Of land for Highways railroa
:. sc6pol-houses and oeanstsfiee, and
:. - taking for public use ot the fkanchise q
- turnpike or toll bridge oompsny.
.,lLs / therefore respectfully return the
snO "a the HousA Of Representatives Tor th