Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1874-11-13
AFTERyOON

. right oil laying water pipes and mains acros
private property, on condition of the pay
ment OF agreed or assessed damages /
general committee.
reports Of c0mmitteeS-From cOmmitte
on Judiciary, in favor Of ii. IS4, an ac
authorizing the Bellows Falls water Com
pany to distribute its capital stock to tn
members read the third time and passe,
: IN concurrence.
JofM resolution, providing for the pur
chase OF steel eDgravings of the first an,
present State Houses Of Vermont, was taker
IRON the table
Senator Granger of Caledonia oppose,
the resolution.
On motion Of Senator Proctor Of Rutland
the resolution was ordered to lie, and IN.
usual number Of copies printed for the Us,
OF the assembly.
D. 20, an act in relation to toe pav oI
sheriiis, was taken from the table.
Senator Clarke of Franklin said, in sud.
port OF the bill, that abuses had crept int
the present system Of sheriffs' fees. which
TINS bill proposed 70 remedy.
Senators Ladd, Page. Wilson of Wind
sor and Howe of Rutland discussed the bin
The question being on the third reading
OF the bill, third reading refused
J0inf resotlttioR-By Senator Colburn OF
Bennington, that the committee on rail
roads to whom ). %, an act to incorporate
the Central Railroad of Vermont. Is re-
ierred, be empowered IN their investigation
OF the same to send tor such persons and
papers to be examined by said committee A.
| they shall deem necessary Tor the proper
consideration Of the matter contained in
said bill; adopted
BY Senator Chesmore D. Chittcnicn. pr,-
yiding lO- the printing OF the address of
Geo. 1. Chllds, delivered before the re-
union society Of Vermont officers: adoDtsd
HOUSE.
BIfis introduced and referred-By Mr..
Cutting of Brattleboro, relating to the tax
alton of savings banks: to committee on
banks.
RepoTfS-FrOm committee on claims. in
favor of ; -, to pay Martin G.. Eyerts the
sum therein named; passed in concurrence.
From committee on education, in favor of
ii. lel, authorizing the compilation of the
school laws, with propo~a. OF amendment,
which was agreed % and the bill read the
third time and passed
From general committee. II. -. in addi-
ton to act number 10 OF acts passed in
1870, entitled "an act To protect butter
and cheese manufacturers, by substitute
bill, which was agreed to read the third
time and passed.
From committee on education. in favor
of ii. 2ij, to amend an act approved Nov.
-, 1870, entitled an act 10 extend the
PROVISIONS OF an act to establish a State
Normal School. approved Nov Il, 1856,
with amendment extending the provisions
OF the original act until August |. 1850, in
stead Ot March !. 1890, a. IL the bill: which
amendment was agreed to.
Mr. Wells of Granby, moved tha- he bill
be ordered to lie on the table, which was
agreed to.
From committee on Judiciary in favor of
H. 232, to amend sections and 5 of an act
to enable the pew owners Of the old white
church. in Orwell. to dispose Of the same
read third time and passed
From committee on judiciary against II.
2O2, relating to mortgage. of personal pro
perty; third reading refused.
Mr.. Guild, of Rupert, called up Il. So. to
amend section 2l, chapter l5O, Of the gen.
eral statutes, which was taken up. the
question being on the motion to reconsider
the vote refusing its third reading.
Mr.. Shurtleh of Plainfeld, favored the
motion 10 reconsider. explaining the parti-
cular reasons why it should be passed now.
II 1t never applied 10 another ease than the
one IN Windsor county. lie said that the
man was an honest man, hut met with mis-
fortune, as men are liable O,aud should not
be held IN jail as he was not in any manner
subject to the imputati0n of dishonesty. His
vile had some property, tha; she held in her
own right, which she vas induced by the
creditors Of her husband TO consent to give
up to get her husband out of Jail. The hus-
band refused to sign the mortgage of his
wiie's property, claiming that there was no
criminal ac, on his part, and he would not
allow her property u be taken to satisfy a
claim Tor which he was not criminally re-
sponslblc. He advocated the passage of the
bill a. dom. justice to the particular case
referred to, and would be lust to all similar
cases in the future.
Mr.. Boynton of Woodstock, said that the
bill, as he understood it. was designed to
give 10 all persons the same rights under
the law, placing those who may be guilty of
a breach Of law under different classes of in
dictments on an equality under the law;
and cited eases where even small offences for
a breach Of Irus; in holding money in fidu-
ciary capacity would subject the oflenderto
greater hardship and more severe punish
ment than II guilty Of open theft of very
much larger amount. This bill was designed
to place the man who was guilty of breach
Of trust on the same ground before the law
a man who goes upon ones premises and
commits wantOn treSpass. As the law
now stands, the trespasser Is permitted to
20 before the proper tribunal and make his
OWN explanation. and ask 10 be admitted
to the liberties Of the Jail under the pro-
vision Of law relating TO the poor debtors
path while the man who is guilty of
breach of trust, however slight, is subject
to the caprice of the creditor, and has not
the same rights as are given for even
more aggravated offence ola different char
lcter. lie hoped this bill would be passed
Mr.. Rowe Of Poultney, opposed the bill
a being one TO help rOgues out Of prison.
He thought the remedy was in the Cover
nor to pardon, il he thought it proper.
Mr.. Batchelder of Arlington read from
the present statutes the section relating to
the presen; appropriation Of money held in
1 iiduciarY capacity. and compared the
provisions of that section with the bill un-
der consideration. He said the discretion
was now with the supreme court to permit
the person guilty of tort to be brought be-
fore tine proper authorities and make oath
as to bis ability to pay, and be admitted to
the liberties of the jail yard. This bill sim
ply placed the man who was guilty of hav-
ing misapplied money held as fdueiary on
an equality with the man guilty Of wiliul
theft. lie thought this bill ought to be
passed to wipe out a blot on our statute
books.
Mr.. Powell Of Richford voted with the
majority on the question Of the passage OF
this bill. and he mast admit if he made a
mistake then he must now be accused OF
persistency in his mistake. lie could not
now vote for this ball. There are now TOO
many guards thrown around the money OF
the people, especially when we place our
demands in the hands of an attorney for
collection. We have none too stringent
laws now to compel attorneys to disgorge
money collected for their clients. and he
thought the people should be careful hDW
they removed the guards for the prOtoc-
tion Of clients from the breach of trust by
attorneys. lie should still oppose the bill,
and hoped the motion to reconsider would
not pass.
Mr.. GrOut of Barton said we have had
the present law on our statute books for
quarter of century, and no one has stood
up here to name the first instance of hard
ship or oppression under it. He congratu-
lated the gentleman from Richford on hav-
ing struck the keynote OF the subject. A
similar bill was vetoed by Gov. billing
ham, and his reasons against the bill then
covered this bill The practical operation
of this bill would bP bad, and he thought
there was considerable special pleading
brought in here to effect the passage OF this
bill. Better keep all the restraints Of law
we now have. and not let up in favor Of tho
release of rascals from punishment.
Mr.. Boynton of Woodstock said all he
asked was that the law be so amended as to
allow the poor man to go before the proper
authorities and make his showing as to his
case, and he had no fears that any of the
Judges ot the supreme court would exercise
the discretion given them 50 as to release
in the community a class Of rascals and
shysters. Give all poor men an equal
chance under the law
Mr.. Hubbard of Springfield. while he was
in favor of the bill as reported by the com
mittee, yet if the House would reconsider
the vote refusing the passage Of this bill,
he would move to amend the bill 50 as to
strike out the words - and as to the privi-
lege and time of being to the poor debtors
oath or the liberties of the iaii ward as is "