Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1871-11-22
The SNnninn Bonding Case.

jamin n. Smalley, brought bill in chan
Gerry against the Listers aud Selecimcn Of
the town Of Swanion, aud the Lamoille
Valley Railroad Company, praying that
the defendants might be perpeiually en-
joined from issaing any bonds Of the town
of Swaalon to aid in building the Lamoille
Valley Railroad.
Swanton had previously voted to take
seven hundred aud 6IiT shares Ofihe CAPT
81 stock Of said Railroad Company. And
BY her duly appointed commissioners had
subscribed for that amount Of stock On the
books Of the Company. The orators alsO
PRAYED in their said bill for a temporary
injunction against the defendants, aud
upon nn er parts hearing. obtained such
injunction. The injunction rested upon
the defendants about one week, when the
defendants filed their answer aud pro-
cured the injunction to be dissolved.
Upon a hearing on bill and answer beior,
Chancellor w. G. Wilson, the bill wa
dismissed. aud the case passed by appeal
to the Supreme Court. At the January
Term (lS7O) of the Franklin County SO.
prcmc Court, upon the application Of the
orators the case was sent back to the
Chancellor for the purpose Of taking testi-
monv. A large amount Of testimony was
thereupon taken upon both sides. After
the testimony was taken, the bill was dis.
missed by the Chancellor, and the case
again passed by appeal to the Supreme
Court, and has Just been heard finally at
the General Term of the Supreme Court
. at Montpelier. The Supreme Court have
decided all the points raised in the case
in favor of the defendants, and have dis
missed the bill.
The orators based their claim for relief
upon the following points,
!. That the act authorizing the town
to bond in aid Of the Railroad was I'M
constitutional and void.
,. That the act Of the Legislature Of
November 10th, 1868, authorizing towns
to change the conditions Of their subscrip-
tions for stock by vote in town meeting
was unconstitutional and void.
8 That the town of Swanton did not
proceed regularly in bonding
Here they claimed that the listers Of
Swanton acted illegally and corruptly III
making up the list that they fraudu.
lently set men in the list who we're not
liable to be taxed at all that they set
men in the list for larger amount than
they are liable to pay taxes on; that
they made unauthorized and illegal
alterations of the list after it was lodged
in the town clerks Office as required by
law ; that they did not seasonably make
oath to the list, nor ir the form pre-
Boribed by law.
They also claimed that the commission.
ers acted corruptly in procuring sigma
lures to the instrument of assent That
they procured men to sign by misrepre-
sentation and fraud, and BY promises OF
indemnity, and that they in fact never
procured the signatures of a majority Of
the taxpayers, both IN number and amount
of the grand list as required by law.
They also claimed that the warning for
the town meeting, when the town voted to
change the conditions of subscription was
Insufficient, and that therefore the action
OF the town in those particulars was void
Bat this point was not insisted on at the
final hearing They also claimed thai the
votes Of the town at the several town
meetings upon the subject Of bonding, were
procured by fraud and chicanery, but this
point was abandoned by them before the
final hearing.
4. That the LamoiIe Valley Railroad
Company was never legally organized.
Here they claimed that none Of the
the subscriptions for stock of the Company
were in due and legally form. This point
they also abandoned at the final hearing.
On the part of the Railroad Company
it was claimed among other things, that
the commissioners of SHanton having certi-
fled under oath that they had obtained a
majority Of the taxpayers in number and
amount Of grand list then in force, to sign
instrument of assent, their action in that
matter was final and conclusive, and that
the Court could not 90 behind their fnd.
ing to receive it. They claimed this to
be SO because the enabling act specially
provides that the certificate of the COM
missioners shall be conclusive evidence Of
all facts therein stated.
The decision Of this important case
puts at rest all question as to the legality
of the action Of the towns in bonding for
this road. All the towns on the line Of
this road have been bonded IN the same
way. And if the town of Swanton is
legally holden by her contract Of sub.