The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1873-06-24
Important Railroad Decision

Important Railroad Decision.
Chancellor Royce gave the following
decision upon the application Of the Trus-
tees and Managers of the Vt. Central, and
the Directors Of the new Central Yer
mont, to have the latter made receivers
in place OF the former, commenced at ST.
Adams before Chancellor Royce at Gov.
Smiths Office in the depot Thursday
morning. The decision of the Court upon
the petition, was given Saturday forenoon.
The Chancellor thcn look up his objeotions
and gave his reasons for the order sub
stantialy as follows:
With reference to the organization OF
the Central Vermont company objection
is made that it was not properly organized
We are OF the opinion that the require
ment of the statute for the commissioners
to fix the price Of bonds was mandatory
but was for the benefit of the security
holders who mig ht ask it, but one bond.
holder subscribed and he with full knowl-
edge that the price was fixed by two Of
the commissioners consequently he is
not in position to object. Whether the
fixing the price of bonds was a ministerial
or judicial act is not material under that
view. The price fixed by the commits
sioners is not an arbitrary one upon the
directors they are at liberty to fix any
price The objection to the organization
is not well taken.
The objection that the Central YER
----" IL - .'-~nGnr tn the case was deemed
an insufficient objection, because the pc.
tition had the signatures Of the receivers
and managers, who are not strangers.
therefore it did not constitute sufficient
reason for dismissal
As to the propriety of this change we
consider it unnecessary to detail history
of the cause everybody has expressed a
desire to get his property out Of the rut
This corporation low come forward and
propose to take it ont, and pay all the
debts and demands. Now it seems that
if this can be done, it is proper to be
done,
The order is quite lengthy. it passes
the property over to Central Vermont
Company, provided that the Receivers
and Managers shall settle and pass their
accounts making Hon. D. A. Smalley OF
Burlington Special Master to hear and
report upon all claims and demands
against the present Receivers, and APP
points the Central Company and Mana
gcs, requiring them to pay all debts and
liabilities and to manage and operate the
Railways subject to the order of the
Court.
The amount of the Bonds to be given
to the new Company was not fixed in the
order. After discussion by counsel the
Chancellor fixed the amount at S ,000,-
900, conditional for faithful performance
of duties as Receivers and Managers.
The order was not signed, but was left
for Counsel to make suggestions upon the
minor points.
The order does not give the new Re-
ceivers power to take lease Of the Sulli.
van, New London, Northern and Montreal
and Vermont Junction Railroads; that
part Of the prayer Of the petition was de-
MED.
TIE CASE OF SUSAN b. ANTHoNY-Can.
andaigua, June l9.-At two o'clock this
afternoon, Judge Selden moved in the case
of Miss Anthony for new trial, upon the
ground Of misdrection Of the judges in
ordering a verdict Of guilty, without sub.
hitting the case to the jury. lie main.
tanned in an elaborate argument the right
Of every person carged with crime to
have the question of guilt or innocence
passed upon by constitutional jury, and
that there was no power in this court to
deprive her of it, The district attorney
replied, when the court, in brief review
OF the argument OF counsel, denied the
motion. The district attorney immedi.
ately moved for sentence. The court
made the usual inquiry Of Miss Anthony
if she had anything to say why sentence
should not be pronounced Miss Antho.
ny answered that she had a great many
things to say, and declared that in her
trial every principle ofjustice had been
violated that every right had been de.
MED that she had no trial by her peers
and announced her determination to con.
tinue her labors until equality was obtain,
ed, and was proceeding to discuss the
questions involved in the case, when the
court interrupted her with the remark
that these questions could not be review
ed. Miss Anthony replied that she wish.
ed it fully understo ID that she asked no
clemency from the court that she desir.
ed and demanded the full rigor of the
law.
Judge Hunt then said The judgment
of the court is that you pay fine OF one
hundred dollars and the costs of prosecu-
ton, and Immediately added, there is no
order that you stand committed until the
fine is paid The motion for new trial
ia to be made in the case Of the inspectors
tomorrow morning, on the ground that
Hall, one of the defendants, was absent
during the trial.