The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1873-02-25

anime his bank account, or the officers of
any bank with which he has transacted
business.
OPPOSITION TO TIE VERMONT CENTRAL.
The opposition to the present manage
ment Of the Vermont Central have made
a move. A petition was filed before
Judge Royce, chancellor, at St, Adams,
Wednesday, for the removal of Governor
Smith, W. G. Smith. b. p Cheney, and
Lawrence Barnes from the trustecship of
the road. The petitioners are Bath
Savings Bank, G X. Richardson, Chas.
L. Flint, NJ. B. Carpenter and others,
holding about $4,000 of first mortgage
bonds. The petition alleges that these
trustees failed to pay the first mortgage
coupons, last December, although they
had the money to do it, or, if they did
not have the money on hand, they had
improperly spent it; that Gregory Smith
and Clark are unsuitable and improper
persons" for trustees and managers, hav-
ing been the owners of the Montreal rail-
road and having taken money from the
Vermont Genital and applied it to that
road that all the managers have violat-
ed their obligations as trustees by their
uniavorablc contracts from the Vermont
Central to support the National car COM
pany, Of which they were stockholders;
that they knew they were impovcrishing
the railroad and now confess it; that
they issued stock to the Vermont and
Canada road, without authority and with
fraudulent intent, in order to increase
the rent to be paid to it by the Vermont
Central, and thus satisfy pretended
claim against the latter which the Su-
preme Court had disallowed that they
procured lease of the Ogdensburg rail-
road by corrupting its attorney with a
bride Of S25, 600, and etc At the same
time, the hearing GU the motion of Mr..
Brooks, the president Of the Vermont and
Canada railroad company, before men
toned in these columns, for an order to
compel the trustees and receivers Of the
Vermont Central to pay the installmcnt
Of rent (S120,000) which became due the
Vermont and Canada last December, was
brought on for hearing Mr. Brooks was
present and assisted by Hon. IIeman s.
Royce and Hon. Il. Il. Hard as counsel.
Gov. Smith was present and assisted by
Hon. B. +. Fifold, Hon. Levi Under
wood, Hon. John w. Stewart, Hon. JAS
per Rand Messrs. Noble a. Smith, Da-
Wis Il Adams and Col. II. G. Benton,
The Governor filed an answer to the mo.
ton wherein he set forth that the trus-
tees had expended upward of $4,000
moro on the construction of the Burling-
ton branch Through the tunneD than ad-
ditional Vermont and Canada stock had
been issued for, therefore they ought not
to be compelled to pay dividends until
this sum is met.
At the hearing upon these charges,
last Wednesday at St. Adams, Governor
Smith stated that he was in readiness for
a hearing. He said the trustees expect
ed to be able to demonstrate that the
charges were utterly false. The petition
had not taken him by surprise at all, for
Mr.. Brooks had informed him. some
weeks ago, that unless he submitted to
terms which in justice to others interest
ed in the trust he could not assent to- it
would be brought forward in its most OBJ
noxious form. He said there had been
no time when any party could not have
access to the books and vouchers, and the
trustees now desire an early opportunity
to lay the whole matter before the court
and the public and vindicate their char
acters from the malicious attacks so freely
made against them. The Chancellor
having adjourned the Vermont 4 Cana
da hearing to Tuesday, the 18th day OF
March, for his own accommodation and
that of the counsel, he inquired of Gov
ernor Smith if the same time would be
agreeable to him for this hearing. The
time being satisfactory to all parties, the
hearing was fixed for that date. The
Messenger remarks Thus the issue is
made up. 1t is of the gravest character
and will be watched with leveIish ankle
ty by security holders and the public.
We trust that when the court opens on
the 18th prox,, it will be in some public
place, where the people can be accomo-
dated and whore they will feel free to
go
1t is the prevailing belief throughout
Kansas that Morton's resolution declar-
! ing CaldWell's election illegal will he