Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1872-08-02
Town History of Burlington.

1OWu AAotcfy VI ~ 80 1~HS s~>'
Editor Free Press & Times;
l send you some fragments Of history taken
from the records Of the town, with some secret
history from sources equally correct, which miy
be interesting to the public at large but will BE-
come SO to mere limited community. My Oh
iect is to .cqua;nt the public with losses they
have sustained of most valuable rightf, the
methods used. and the author Of the injustice
inflicted, and prevent if possible repetition
The facts stated are matters Of reoord, par
ties now living engaged in the transactions will
stte,t to the correctness Of the statements.
The town Of Burlington Vas chartered to 6
proprietors, containing about $4,000 scres oil
land, ir 1868. In 1898 the proprietors made
their FIRST division, before which they voted to
set of to the public, the block containing two
and one half acres, on which the Court House
and Jail then was, for the erection of all neces-
ssry county and town buildings for public ure.
The town il by Law the legal agent to take charge
of and protect the public rights dedicated, and
are held accountable for the trust taken for the
interest Of all psr:ies, measured By the terms CT
dedication. The set of dedication created two
separate estltes, the dominant one for the ben
eff: CT the public. The aervient one for the
bereft of the proprietora. The town scquired
no beneficial interest except Whist srises as
part Of the public The beneficial enjoyment
of the property dedicated required the sc;usi
po,session Of the soil Confiiing in the integrity
Of the town, the two estates was committed to lie
charge. After dividing all their lands Of value
in 1901 the proprietoTs adjourned without dsy,
leaving undivided 20 to 100 scres Of land. The
advent of Railroads ard other Improvements Of
later years brought into yxlue AID ute the value
less lxads Of 1901.
The proprietors are called together in 1872 to
look after their rights and property. Theeyeuts
Of 20 years Investigated, TO locete the lsnds LEFT
to abide the events of tine in loOl, and the
condition Of the estate left in trlst with the town
for the benefit Of the public. This investigation
discloses facts the public have 4 right and ought
10 know, and the tx1 payers an interest when
should be no longer neglected. The parties IN
terested are the public ard the proprieiors as
the beneficial owners, the town and county Sc
executive SCENTS and trustees, and the town and
taxpayers as residusry legsieer Of the curses
snd coppers
As early RS 1908 the town originated the ides
that the rights Of the public should be facrihced
to priyste interests, which has been periodically
enforced to the present day with perseverance
worthy Of cordial recognition b. the Tammany
Ring. In 1907 there was on the north esst
corner of the square jail and jailors house
occupied by Lyman King, ss jailor, snd for tav-
- -. eyaraia1lv
cd the idea of raising the wind by an exchsage
with the town, of hSf acre Of land where he
Jail now is for the improved property on the
square. Parties Of influence interested in his
affairs did not particularly object to say promis-
ing arrangement for settlement Of their bal
anees, and the result was q trade with the town.
VIM C. Harrington the prominent lawyer Of
the dag and = mos; exemplary m,a, objected,
and failed to see the equity Of the TRANSACTION
1t Va. thought the approval Of the county court
would remedy the evil The court declined 10
do il; An influence wss created that induced
the Legislature to empower the Ielectmen to
lease the land, 50 feet north and south by %
feet exst and west, to Lyman King for all time
The Jesse is made, King conveys his lsnd for
the purpose Of jail or any other public build
ings desired. In 1872 Kings emb ,rraisments
created necessity Of sale Of the property.
Ozias Buell. and Lynle Catlin became the pur-
chasers; the conveyance is made subject 10 III
terms Of the lease. Ia 1919 Buell. aud CAtiin
cell the property 10 Henry Thomas and convey
ru6iec. to the este. After the death Ct Oziss
Buell., Geo p Marsh Ls Administrator on the cs-
tate, procured from Lyman King deed OF the
same property, exchanged with the town when
the jail nov IL, to secure the heirs against cove
nSnisin Buell's deed and such future cOntnsen-
cief as equity might decree Thus the rights tthe
public in this land passed from : public 70
private use, and the town, bound 10 protect their
rights became the xctiye agents in the frsud, and
pockeed the proceeds. The success Of the trSnsEc-
ton Of lsuo tempted the town il 1873 to repeat
the operation. Legislative action hsi been de-
ciiei defective lease Is made to L. snd /.
Mills Of l,rd On the south cast corcev q the
square. smother to y. Mayo, another to \. Is
HsEsel and the las. one in lo-5 10 Henry
Thom.s Of > feet by 80 next touth Of the l'ni
leased in 1905 AID the town pockets the pro
ceeis Acriegei at these proceedings su1 tie
erection BY Z and I. Mil, Ct buildings oQpo-
tite his dwelling J. n pomeroy, Etl., owner Of
= single propretor's right, brought 81 action Of
electmeuJ agsinst the parties The town de-
fenlei-thc contest WAS spirited TIE moot eui-
nent lawyers Of the dsy were engaged, ard end
"a At lsst in the highest tribunal, the supreme
court deciding in favor Of the proprietor Hri
forever determining the rights Of p4rties, de
creeing TO tie public the use Of the land for the
purpose granted whenever wanted, snd 90 the
proprietoIs every beneficial ufe the land hst or
could earn not inconsistent with the rights
granted tie public. This ,uit vac the trst IN
this country to determine the points involved.
One in Cincinnati and smother in Pittsburgh
soon followed. and the principle then decided is
the rule nov in every State. The result was
termination by the town Of al The LEASED since
ls05 The removal OF the buildings and the
payment ty the town " seversl thousand dollars
dam.ges Difficulties arote in the settlement Of
the less, with Thomas There existed some con-
diti0ne involving the obligations in the Jesse Of
ls0s the town did net care to disturb. The
public BY this time became troublesome, and
something must be done 10 Sppezse them. The
dominant idca Of ls0o must not be abandoned.
The public rights lGsi he sacrificed 10 private
use. The leasing process had gone up, some
new dodge must be created. Inventive GENUS
equal to tie purpo,e vss At hand. The tecoris
are made 10 show L sen5e Of returning justice.
The town ACKNOWLEDGED their fault, psy Ihomss
for the buildings and repossefs the Iseves OF the
land, professeily holding again, the faithful de-
fender, OF the public rights The dominsnt
idea Of lc0o is toe deeply engrSited to be thus
defeated. Thomas is somehow lef. in possession.
The grand jury are called upon to indict the
buildings as public nuisance, bill is found, 3
trial had, the StStes attorney Claiming the con-
domination Of the property The defendants
claim the protection Of the law Of 1893. for the
80 feet by % fee; and doing Whist could he done
without doing anything, to rave the % feet ty
So The cour; and jury ignorant Of the condl-
ton behind the scenes, accommodate the case
and fad defendant guilty Of the % feet by %,
but not guilty as to the % feet by 50. Infinitely
iisgusted at the decision, the States attorney
retires from the case. Sentence ia never execu-
ted. TIE consequence as claimed il, the public
rights are concluded. Thomas is in pOsIeEsiol
and the public svinllcd The lscheE Of the
States attorney prevail over the rights Of the
people, and all this time the town is standing
quietly by Witnessing the proceedings, the only
guardian Of the public rights rs time gees on
the dominant iieE Of 1905 takes hold sgsin.
The suoces, OF the proprietor in 1882 is not for
gotten. This time the town propose TO igo in Tor
the whole. The county are supposed TO have
some rights snd these with the public must be
concluded. The new dodge Is equsl to the de-
sire The grand jury find bill, trial is had,
the csse presented in the approved form. Some
body is found guilty, and the laches of the
States attorney sgain prevails ever the rights OF
the people The town take the property exclu-
ryely, pocket the proceeds, the fsithful protec-
tors of The public rights, and build their city
hall.
Time goes on, SO does the dominant idea Of
1908 The town would like to own some land
north Of the court house. Instead Of taking it
honestly for public use, the patent dodge must
tanc;ify the proceeding. The public must be
sacrificed. The farce is enacted. The land
condemned, and tie public tEindled. Nor
rally and legally bound by an obligation
co-existing with time, the town holds the pre-
perty for the benefit of the owners according to
The terms Of the contract of 1898, one Of class
the obligations of which mature with the hap
pening OF come future event, the occurrence OF
which dates maturity. The demand Of the
public for location determined by the town,
and the land responding dates maturity, when
every such event that may or can occur, has CO.
CURED. The trustee may be discharged and the
ststute of limitation begin to run, but not while