Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-12-11

other proceedings, and is complicated by
the cumbersome forms and Fleadings of
the old style ehancery practice beyond
the comprehension of any man, unless
be has spent years in unraveling the
complex eobweb of rules and precedents
upon which the system is founded.
Among the bills in the case is one OF
Governeur Morris, Silas M. Waite, VIII
liam III. Rockwell, Jr., Frederick Nash,
Frederick Billings, DanielL. Harris and
William p Burrell, claiming to be the
directors of the Vermont Valley Rail
road Company, by election in July,
1878, against John B. Page, John Prout,
James III. Williams, George Slate, Peter
Butler, Edwin A. Orchard, George B.
Chase, and others, who had been direc-
tors of said company up to July 1878,
and claimed to still be lawful directors
of the company. Upon this bill an in
junction was prayed for, restraining
Page and the other defendants from ex-
ercising any rights or prerogatives as di-
rectors during the pending of the suit.
This the Chancellor refused to do, as he
! did not deem it advisable to shift the
| exercise of the office from one set of
| claimants to the other during the pend
ency of litigation to settle which were
the legal officers. This leaves the man.
agement of the road for tie present
where the old directors had placed it,
and prevents any immediate transfer OF
the road to foreign interest.
Another question was motion for a
Receiver, to receive, keep and care for
the books, papers and seal of the cor
poration, now in the possession of Jas.
H. Williams of Bellows Falls, until q
final decision of the case should show
who is the proper officer to have the Gus
tody of them. This motion was denied,
the Chancellor remarking that there is
no case in which equity makes such an
appointment, unless to prevent some
probable impending harm, and thus tC
do some appreciate good, and as these
books, papers and seal were in no i'm.
mediate danger of injury or loss, it was
not worth while for the Court to trans.
fer their custody to an officer of the
Court of Chancery. One petition in the
case looks for an accounting of certain
| Trustees, with a view to ascertain
whether the mortgages heretofore for
closed on the road, are not fully paid
under the DEGREES in the foreclosure case
and to redeem the property under that
| decree, so as to annul or abrogate the
leases and assignments under which the
Central Vermont is now run the roac
south from Bellows Falls.
The scope and purpose of these pro
ceedings is to destroy the contracts un
der which this road is being run, and t.
| transfer the control to a combina
ton opposed to the Central Vernon
management. The hearings were upor
interlocutory motions at Chambers, an(
of course and not conclusive upon thu
questions decided, although the opinion
| of the Chancellor is so fortified will
authorities and with reason, that it cal
be scarcely probable that any differen
results will be reached upon final hear
ing. AS far as it goes this skirnish is {
victory for the Central Vermont com
pany, against their old enemy down thu
Connecticut, whose organ at Springfield
has been accustomed to malign Vernon
Judges, because they would administel
the same even handed justice to railroads
that they deal out to other men. TIT
judiciary of Vermont have never beer
| injured by these howls, and never will
be, and if any person has a disposition
to wrestle with this opinion of Chancel
Ter Barrett, he must come prepared fo
! defeat, as it apparently stands protected
on every side by reason, logic and law
The opinion is too long and abstruse fo1
| general reading, but it will be interest
ing to lawyers and railroad managers
The results all can appreciate, and Yer
mont may well continue to receive thu
benefits of having this important roaC
run by her own citizens in her own in
| terests.