Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1873-08-20
From the Rutland Globe.
Vermont Courts and Vermont Rail-
RUTLAND, August s, 1873

hITLAND, huSoct o. Lcio.
Editor Rutland Globe:
In connection with the recent embarrass-
ments, troubles and litigations of the Ver
mont Central and Vermont and Canada Rail-
roads and their managers, there has, OF
course been a vast deal OF editorial comment,
and both newspaper wisdom and newspaper
bonbast have been brought to bear upon the
important subject. The property involved is
of vast amount, and the interests connected
herewith are OF great importance, both IN a
general, public and financial sense, and since
the day the paper of the trustees and man
ayers went TO protest, there has scarcely
passed week which did not develop some
new feature in the warfare against their
credit and reputation or reveal some new
iortifcatlon erected by the defense. The
Boston Traveller mounted a mortar for that
express purpose, and hurled shells, which
exploded in the stock markets, and damaged
the two million and d half loan,' beyond
hope of repair, and many other papers, both
in and out OF this State, scented the battle
and trained their guns in the same direction.
Then, OF course, defenders sprang up and the
war become spirited, unrelentiDg and bitter,
and opponents were careless of the weapons
they used, so wounds could be inflicted.
On the 9th OF December, 1872, the Yer
mont and Canada Railroad filed it's petition
for summary order Oh the managers for the
paymept of their rent due six days before,
amounting to Sl20, 600, and the eyes OF ali
parties interested were at once turned to che
Court of Chancery for Franklin county in
anxious expectancy. Ot the tendency and
disposal of that petition stall speak shortly
Ii was followed ID rapid succession by others
from the Vermont and Canada, the mortgage
bondhoders and various parties IN interest,
which have kept the court harassed and busy
even up to the present time. The decisions
rendered upon these petitions have been ID
the aggregate favorable to the managers, or
as some prefer TO say, the I" monopoly and
the last oil these, gwen on the 2lst OF June
last, removed the trustees and managers from
their positions as such, by their request, and
appointed the Central Vermont Railroad
Company, corporasiOn, receiver and man
ager of the vast and Important trust property
OF the security holders OF the Vermont Cen
tral and Vermont and tanada Railroads IN
der bonds In the sum of one million dollar
for the faithful discharge OF its duty, unde
the orders of the court. Almost Immediately
upon the rendering OF this decision came
luIl IN the wordy storm which had been beat
ing round the outgoing officials, and the dog
OF war were unioosed upon the judiciary
of this Ssatc. A correspondent of th'
Springfield Republican, in an article publish
ed July 25th, struck the heaviest, most in
sultlng and most Ignorant blow, which wa
followed up by three-column editorial lou
DAYS later, and since then has been heart
the rafting OF such small hammers as the st
Aibaas Messenger, Woodstock Standard an'
other papers winch We should suppose .woul'
be unwilling, hastily and,ignorantly, to con
denim the Judiciary of their own State, Oh
which, so lar as the writer is informed, n,
shadow Of blame or doubt has ever restet
sIuce the organization of our government.
1t is not my purpose, however, to refer t.
these articles IN detail, that being NOR
properly within your editorial sphere, and
shall conhne myself, as closely as possible, t
my specific purpose which L Will define a
follows: The arlIcies and comments whicl
have appeared In the public prints in relation
10 the various phases OF this controvers
have been for the most part in journals o
good standing, and many-nay most of then
have manifested ability and learning
Some of these to the writer's certain knowl
edge have been the work of men of good
and even of high standing in the legal pro
feSsion aud acquainted with the forms an
pIaCtiCS5 Vi tD6 ' u LuOub COuIt 1uc HEItc
trusts and believes they have generally bee
honest, and yet 50 lar as his observation ha
gone, they have without exception containe
more or less false or mistaken assertions Q
assumptions, and have universally shown tn
ignorance OF their writer's regarding the tru
status OF the great suit IN chancery which
the centre and nucleus OF all the Lnigdtio
connected with this railroad war. Nor
tbs to be wondered at. Tor the case has q
familiar precedent, if indeed any preceder
can be found, and SO different has been il
course from the course OF ordinary chancer
practice IN this country that 1t may almoI
be said to be a law unto itselt," and onl
study of the case itself can qualify q man, /
ne never So familiar with the paths that
his opinion it ought to have followed.
Judge OF Its merits. From a careful examiI
alton, with such aids as arr accessible, 1t
my purpose to give condensed history
The caee, with particular reference to /
recent features anu tue action OF the judiciar
IL Is not my purpose to follow the genealos
Oh the Smith family or of any members OF Il
Ring" back into the third or fourth ge
Grafton, to prove by moral induction Il
Poprlety or improperly OF their wealth, b.
merely to define from disinterested stan
point the status OF the said Vermont al
Canada Railroad Company vs.. Vermont Ce
tfai Railroad Company and others, - in cha
ee'y.
For my purpose it will not be necessary
20 BACK of tie final decree which ct the saI