Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1874-11-27
LEGIsLATURE OF VERMONT.
SENATE.

SENATE.
D. TUESDAY, Nov. l..
.heFoffS Of C0nmiftees-From the COM
nhlttee on e1ucatiOn in favor of II Az. an
ae' 70 establish the Newport Academy and
uraded School; read the third time and
passed IN concurrence.
rom the committee on judiciary, against
~ an act relating to the qualification
Va Iu5es ana chancellors; on the question
snail the bill be read the third time?
senator Wilson of Windsor. spoke in IA
'or OF the bill. No chancellor should sit
upon any case in which be was interested
a. trustee or stoekholder of corporation
that could only seek for legal remedy and
rellei through him. The Senator did not
"'sn TO be understood as rejecting upon
any particular court. Ii remarks were IL
tended II be of general application
Senator Howe OF Whitman opposed the
hiH upoa the sole ground that the present
statute provided against any Judge sitting
upon q case in which he Is interested direct
iy or indirectly as a party. The law is fully
sufficient as it stands.
Senator Wilson of Windsor, stated that
Il Was undisputed that under the present
statute chancellors had felt at liberty to sit
upon cases IN which they were indirectly
( interested
Senator Rowell denied the statement and
/ explained that Judge Royce, who was
d'uDtiess referred to, had no such interest
I 10 the Missisquoi railroad as made it i'm
I proper Tor him to sit as a Court in a case in
Uhieh the road was a party. The bill was
! unnecessary, but it could do no harm. and
the senator was Indifferent whether it
/ passed or not
senator Clarke sad that the Missi.quoi
/ road was not operated by the Central Yer
/ mont q its corporate capacity, bat as re-
/ cciyers and managers undera court of chan
/ ccry, that Is to say. by officers Of Judge
/ Royce own cndrt. and Judge Royce being
a director IN the MissisluOi road. he came
/ very close to having certain relationship
/ 10 the case before him for trial The bill
/ could do no harm: 1t but made more explicit
! the present statute. The act proposed was
I not aimed at Judge Royce Its effects
would bc simply TO shield him from suspic-
ION. lt was the general policy OF the laws
( 10 remove from public men the possibility
/ o! being exposed 20 improper Influences.
Senator Wilson OF Orleans, said the judc-
lary committee reported against the bill
because they did not wish expressly and
distinctly 10 cCnsure Judge Ruyce by pass
ins needless acts 90 cover a case that was
fully provided for hy the lag a. it stands
mp precisely the same grounds as the
Senator from Orleans lie knew that Judge
Buyce, If he could have evaded the trial of
the cause IN question. would have done 50.
Senator Reynolds favored the bill
Senator " l.>On OF Orleans. called for the
yeas and nays, which were as follows
lcl~->cuaturs Allen. Atwood Brockins,
Che>smure Clarke. George, Granger,
Holmes, Howe Of Rutland, King, Page. |
Parker. Reynolds, Rogers, Roby. Wilson |
ri Ind-uT-lG
Nay~- Senators Benton. Colburn. Eli .
muud~ Houshton, Howe of WIndham Ladd. /
smith, Iolm-u. Walton, Wilson of Orleans. /.
NSmaI-ll. 81 the third reading was Or
der-d.
Soeaai ordsr.- $ "a. an act relating to /
highways AMI bridges, was taken up. and /
certain amendments moved by Senator /.
Walton, which were agreed to; and the /
question being shall the bill be read the .
third tme. Senator Wilson of Orleans. /
moved % amend by striking ont all after /
the cuactiu- clause. and substituting sec |
t.lHs one auI two ot ;. l62, relating to the /
same subject.
Senator Walton said that the present law .
was simply "a penal statute against the /
towns. and 10 had failed of its object. II .
WAS founded ia gross injustice, and he oh
jected To the proposed amendment of the .
Senator from Orleans. on the gr0ud that il
would make the matter worse than it Is now
In masking the town responsible only for
gross negligence That would be a premium
for bad roads lie thought the proper place
90 put the responsibility was on the officers
oi thc IOWA; they were, 10 most cases, the
responsible parties, and most injuries re-
suited from the carelts-ness IF town officials
W ny DO you make the town the insurer Of
every man who rides upon the highway?
/; Was responsibility created by statute
ami uuc bounded m Justice. lie hoped this
amendment would be rejected, and the
original hl.l, that j., ;. 81 passed
Senator h)~eil, said It had been unIustly
urged tat the lawyers would all oppose
toe till, because % would decrease their
busine-, IGey ml-ht oppose the biii, bot
&C would not De Tor tins reason Hethought
either OF the proposed bills would only IN
crease litigation. lie compared at length
ine difference between The operation IN 4
legal vicw- Of the old and prop '>ed systems.
and urged that the change would be iniuri-
ou-.
Senator Walton replied that the pTopo--
cd repeal only related u the right OF private
suits against towns, and affected no other
parts oi the highway la~. lhe Honorable
Senator from Orange admitted that there
was great injustice arising under the
pres nj laT. And while he was not sure
that tie proposed change would accom-
pll~h the object, Yet 1t was an honest at
tempt 10 remedy the wrongs which were
admitted on all sldcs.
Senator Wilson of Orleans. moved an
amendment TO the amendment. that parties
shall not he competent witnesses IN any
suitalainst towns, and moved that the bill
3s ,.. ordered % He, ul.aSIeeq 70; anu senator
rr',ort .~' -,,-',, ytrr rrcat ar wav toFsr5s
r.,,...l, i,,.- IN, rr9-ent evils # the highway
i,,. '.'i 5ba .,,.,,5n,,rt m tbe amendment
,,-'. ,rr-eI r., On the oDe.tion shall the
-;.,i,',I .,,crl-ocn- h. s"reed m SenafoT
~ 1T ,i,o III - ,rbiob
r.Ii--r1. " raveI, o,.d rho
VIZ as .'al. y. neg
.i.;. In 49,. t;ii =, rosa tho
80 ''.'- w. da,ar,tod the
'.,.s'.,,t,, - ,,ti.b ,rere a. f1Iin,ys-
"''- 10y I'm M" C-'.a n, ,e
p-..aa4 U"To of Wi.JbsIo VII K,nr Pro
- Pr T,,l-an Wai,an " vman
~
c--...-. A.,r,,4 p...., ,ba.--
- - 60 q. -, Ei.a,-,5- IL,
IT, ~ . IA p,.,o pa,,-,,Iis P1by'
~ ri'uH 49, 9''
i'o - .t, Iii ,,a- r.g,-,5
- ~. lp.,5,-,-... ~, So W., %
J04''' 'tS0' 51i''''l ;. " aIto"' ~
pay 'T e4leii,io -, u 1uS VIZ o.
pcaiel ''i ~ - ',' az -
Ie uN lui ". iiffl,l. o5rnI '''' ~
o'i.o ~ -, rei,,;,, e..
=! 'H' >'le' Jo'u. ~ "
t1e gay o. eng ''15''9 anu o'uel e.np1o9,s
ahoul tHc S'i'o iiou9S' 3" ''D'u'''''0 on
ciaim-. ,.-, ..,..--, -,
On MOTION '' Senator A'"cou' 11Jou'h'u
AFTERNOON.
House t.9s rcGrred-H. 1871, an act in
aprfe,usu; of The charter Of the Home for
Ur.titYre Children. 10 committee on Judi
cjtrv g.
n 293. an ac: relating to the taxation Of
IS fl "a H., ,r,,..,..,,,5s.- . ., ]