Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1871-11-30

iIFt auu no RhNc us dttChsAoa w oAA
statutes that were necessary to be amend
ed to make them harmonious, and all the
acts for that purpose were drawn and pre-
scented by him, which was labor requir-
ing great accuracy, and was a work that
few could have undertaken and accom-.
plshed without single omission. He had,
among the people, become firmly con-
vinced that the time had come when the
interests of the people demanded the en-
4ctment OF a general railroad law, and he
determined to become the champion of
-uch measure, and accordingly early in
The session introduced bill entitled "An
act authorizing the formation of railroad
corporations, and to regulate the same"
which he deemed best in order that the
scheme might have fair and impair
tisl hearing, untramelled by any other
railroad question, should be referred to q
committee of seven members, and the
speaker appointed the following commit
tee: Messrs. Kellogg of Benson, Stetson
~ Enosburgh, Graves of Bennington,
Holt Of Berlin, Walworth of Wey bridge
and Crosby of Brattleboro. The bill, al
though in it's main features, similar to the
law of New York, met with the persistent
and strong opposition of existing railway
corporations, both within and without the
State, who appeared on the hearing of the
committee by their attorneys and officers,
and finally succeeded in influencing five
OF the committee to present a report
(which had been prepared by the railroad
tswyers) against the bill. Although
Judge Kellogg did not present minority
report, yet he made q powerful argument
before the House, reviewing the positions
taken in the minority rt,-whioh per-
haps YVES the greatest speech of his life.
He had to succumb before the powerful
railroad Influence of the State, and his fa-
vorite measure was lost. Had he lived, it
would have been presented with more
force at future session, and become q
law, for it was in the interests of the peo-
pie snd against monopolies. 1t is to be
hoped that some man will be found who
will have the same Roman courage he ex-
hibted to take it up where he left it, and
press il tt enactment against all the COM
hinations that may be arrayed against it,
for it is a measure requisite for the welfare
of the people.
AS lawyer, Judge Kellogg ranked
high. From the commencement Of his
career as a lawyer he was remarkable for
hia s'udous and reflective habits. His
mind was broad in its range, and very
harmonious in its developement. He ex.
amiued case In its bearings, with logical
determination. He became a learned
aud sound lawyer. His arguments, al
though perhaps not as ready as some OF
his associates at the bar, were exhaustive,
"a we'll from his own deductions
az from investigation of authorities. But
the grandeur of his position rested on the
uprightness Of his mind. AS a membe
Of the legal profession be deserved and
acquired an envisble reputation for abili-
ity, learning and unyielding integrity.
When once he planted his foot on a prin-
ojpla or elaborated doctrine. it was done
with firmness and few could move him.
His distinguishing characteristic was that
he laboriously and faithfully devoted
himself to the discharge of his duty to
his clients He never trusted to any tenn
porary inspiration. He was well ground
Cd in legal principles and familiar
with the adindioatinns of the courts, and
always prepared himself for each trial
and argument methodically and elAbo
rafeIy. His addresses and arguments
were clear, logical and forcible, but with
ont ornamentation. They were the re-
suits of a close aud careful examination
If his CAGES. There was no parade or OF.
rentation about him. The simplicity of
hs mnnner, his habitual oandor and la
borious reaearoh. commended him to the
attentive consideration of those whom he
addressed. His Hast appearance at the
bar was ST the September term of the
hutlhhu Nuuhty SoOtty "neho ho h7ue
an able and elaborate argument in refer
rnoe TO the title of the county to the land
npon which tho old court house stood.
His argument attracted the close etten
ton OF the court aud the bar, and was
his last public effort.
As judge, he discharged bis varied |
duties with conscientious fidelity. He
examined all questions which came before
the court with judicial learning, dispas-
sionate fairness and jmpartiality which
should ever characterize him who would
worthily aid in the administration of JUS
tice, and he has given on the bench an
illu ,tration of the qualities which make
the upright Judge. He WAS clear, calm,
courteous and decided. All things were
done ia order and deliberately. He will
he remembered among those who have
worn the judicisl ermine with honor. He
was more widely known as a judge than
in any other position. His opinions were
clear, compact and forcible. They gave
evidence of extensive attachments, great
research and clear perception of the
principles involved. and are characterized
alike by deep thought and sound practi-
cal iud xmeut, and his fame will rest upon
his judicial character.
He was accustomed TO read much OUT
side OF his profession. Ia the interests of
professional labor he was constant read.
er of works on subjects that interested
him, aud of general literature. His gen.
eral informasion outside of his profession
was extensive and varied. In his CONVEX.
sation he was agreeable and interesting.
Ia bis rolations to all classes of the CON-
munity, he was social, kind and consider
ate. Although Judge Kellogg adorned
vsrious official positions be never sought
rfGce His fdelity the simplicitT of his