The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-11-19
lEGsSLATUIsE or WEIR MONT.
Nincty-FOurth Session.
HOUSE.
MONTPELIER, Nov. Il

MONTPELIER, Nov. II.
Joint resolution-By Mr.. Rowe, of Poult-
ney, that as the business of the present
session cannot be completed in a manner
satisfactory to the general assembly, or to
the people OF this state within the time now
fixed for final adjournment by the joint re-
solution adopted by the two houses, there
fore,
Resolved by the Senate and House of
Representatives said joint resolution
aforesaid, be, and hereby is rescinded, and
the time for final adjournment fixed for
Wednesday morning, November 25h, at
eight o'clock;
Which was read, and no action was taken
upon it during the morning session.
Senate bills referred to.
S. 1874, to incorporate the Factory Point
savings bank.
S. l47, in addition to an act providing
for change of venue in certain cases.
Mr.. Perrin, Of Berlin, moved to recon-
slider the vote of yesterday, refusing to con-
cur in the first proposal of amendment as
made by the Senate to IL. 81. in amend
ment Of an act to amend an act to incor-
pora.e the city of Burlington. The amend
mont proposed by the senate inserted the
words land that there shall be no trial by
jury in said court, except in civil actions"
which was not concurred in by the house.
The motion to reconsider was discussed
by Mr.. Davenport, of Wilmington, who
adhered to his opinions as expressed yes
terday, that we have no right to deprive
any man of trial by jury in any court in
this state.
Mr.. Smalley, of Burlington, said this
clause was in the original bill, and by an
81, :. Loo ,,t &C tbia hill
now insert it, we are not giving to the city
court any new powers, nor are we depriv-
ing the people of Burlington of any rights
which they have possessed for the past two
years. He considered it a matter of vast
Importance to the city of Burlington, that
the amendment shall be adopted as whole.
Mr.. Grout, of Boston, favored the mo-
ton to reconsider, and favored the amend
ment. Every man in Burlington would
have the right of trial by jury in the county
court, and five give TO every man light
of trial by jury in police court, it will
practically overthrow the efficacy of theil
police court. He was in favor of letting
Burlington have the matter just as she
wanted it.
The vote was then reconsidered; and the
question then REQUIRED, will the house con
cur in the senate proposal of amendment; il
| was agreed to.
| Special order-H. 1872, to place the in.
mates of insane asylums under the protec-
ton of law was taken up, the question be-
ing on the adoption of the amendments pro-
posed by the special committee.
The committee proposed to strike Out
that part of section second which allows
patients to write letters to other persons
than the board of commissioners, provided
such letters are first sent to said board fol
inspection.
Mr.. Boynton, of Woodstock, said he sym
pathized with the feeling of this house in re-
gard to this bill. He could not, however
favor the bill, and for the reasons that he
wished to state at this time. He then in
terrogated the chairman of the special com
mittee as TO some of the provisions of the
bill, and drew from him the statement tina
public and private hospitals and asylum
for the'insane of the state referred to jus
such hospitals as we now have, which il
mixed in its nature, being partly public ant
partly private; that the statute defined M
legal duties for the trustees, superintend
ent, officers, attendants or employees, ant
that such duties were more natural THAI
legal; that the present insane asylum wa
under the direction of board OF trustees
anu tuc Is uHucT tuc ulItC
ton OF the trustees; that other states hav
considered that they had power to interfer
with the duties of the officers of their insan
asylums, and had enacted substantially til
provisions of this bill, and without any Diet
riment to the institution. lie then said h
did not see what power the legislature ha'
over the officers of the Brattleboro insan
asylum, any more than over the affairs o
amy nthpr porporation in the STATE He sal
the officers of that institution are under tn
direction of the bylaws of the institution
and not under the direction of the legisla
ture. He then objected to the right OF til
legislature to send board of commission
ers to Brattleboro, with power to discharg
any superintendent, officer, attendant or EN-
ploye He said the Brattlebore asylum
private corporation, chartered for spe
cial purpose, and had an individuality indie
pendent of any outside interference. 1t wa
endowed by benevolent lady, and her en-
dowment has been increased and is perpe
tuated by the trustees having the manage
ment of the institution to the present day
lie then referred to the difference betwee
public and private institutions on
class the legislature has perfect and NJ
control; over the other, no control at nj
Mr.. Boynton said that the institution, haV
ing its foundation in private charity, ha
all the rights of private corporation, an
the lady might have retained IN her ow
right all the visitorial powers OF III
institution, or transmitted it to the trus
tees who succeeded to the manage
ment thereof, but she preferred to put sue
yisitorial powers in the judges of the cou
of chancery. and there alone these power
and rights are vested to-day, and the lee