Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1873-12-19

ground of right being the very POM anu
DIST of the controversy 10 he settled DS 'ie
pending litigation.
This refusal leaves the management oil me
road for the present where the old directors
had placed it, and prevents any immediate
transfer of the, road to the Connecticut
River Railroad or any foreign interest.
The motion for a Receiver was denied,the
Chancellor remarking that there is no case
in which equity makes such an appoint
ment, unless to prevent some probable IN
pending harm, and thus to do some appre,
ciable good, and as these books, papers anu
seal were in no immediate danger OF INJURY
or loss, twas not worth while for the conr'
to transfer their custody to an ofhcer Oh tue
Court of Chancery. A court does not ap-
point receiver because the measure can DO
no harm.
The petition for an order to account was
also denied. The Chancellor said
The right of the petitioners to be regard
ed as being, by succession, the deiehuanls
in the bill and decree offoreclosure; anu .,ie
right ofthe lessees and assignees unae, Tue
leases by the trustees to Burchard anu rage,
and the twenty years lease ito the Vermont
CentraD are all subjects Of legitimate 9ues-
tion and controversy between the parties 10
this petition, and of such character as
would not warrant the treating OF them as
merely incidental to the bill and decree OF
foreclosure, and proper to be disposed OF
upon an informal, interlocutory petition IN
vacation. The propriety OF such an order
involves the question of the right OF the pc
titioners to have such an accounting Win
themselves. under the existing DEGREES !;
which right is denied by two OF the trustees,
and BY other interested parties. 1t involves
also the question of the right OF the peti-
TONERS 10 become parties to said foreclos-
ure suit and DEGREES, and as party to said
decree, to call on the court to carry 1t into
effect and final consummation, by further
proceedings order and decree. And, more
over such accounting becomes proper TO De
ordered only as il would be a necessary step
towards the final order to be made in effect
uation Of said existing DEGREES. Unless,
therefore, it would be proper, under tins pc
tition, @ assume the adjudication oil all
matters necessary to be adjudicated IN con-
summation and final close of said DEGREES, as
| 10 all the parties einDTdceu III thi' Pe'''Si
! there exists no legitimate reason for order
ing such accounting. As above expressed
it is not deemed proper or warrantable upon
this petition to assume 10 make such adIu'
cation.
The various points of these decisions arr
fortified by numerous citations of author
ties. Their effect is to defeat. for the time
being the effort to break ap the lease to thu
Vermont Central which has been transferred
to the Central Vermont Company.
of course, Judge Barrett will hereafter
be classed by the Springfield Republican an'
Boston Trareller with Judge Royce, a t
corrupt and subsery lent judge. These paper
AMI the ring they represent allow n
honesty or independence TO any one wis
stands in the way Of their designs Bu
our judge, appear to keep toleTahly stu
upper lips in spite OF their dennnciations
and the fair minded citizens of Vernon
must rejoice at every indication Of :he taii
ure of the attempt To establish a g reign q
terrorism - over the courts press and reopl
| of our State