Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-11-26

tbs HEARING AT 81 ALBANS-
The ps,ition Of the Rutlaud RailroaI i
! Company TO regain possession OF lis road
came up before Chancellor Royce, assisted
by Judge Barrett. NJ - AlbAn>, Iue-iNy
The counsel tor the Rutland were Hon
Is. + Thomas. Cf Boston. zion. John
Prout. Of Rutland aud llon. Daniel Rob
erts. Of Burlington for the Central, Hon
| Luke p Poland. Of 81 JOhn,bury, Hon
b. + Fitied, Of Montpelier. aud Hon. Levi
/ Underwood. Of Burlington for the Yer
mont and Canada. Hon. c. VI. Willard, ot
| Montpelier We are indebted - the Mes
senQer for an abstract OF the proceedings
Inc case YVES opened hy NJ. Roberts, who
read petition on behalf OF the Rlt.and.
filed in the original suit under which the
receiyership exists, Oct. 2lst. last land not
previously brought up) in which the facts
were reclIed. aud which prayed not only
for an order OF court requiring the Central
TO cease their daily collections al bellows
I Falls from the lower roads and allow the
Rutland to collect monthly a. heretofore.
but 10 pay over the arrears that have az
cunulated since they broke the contract
and also TO let the R1;lanc - enter anu
possess it, road.
l Judge Poland objected TO the multiplied
! ty of the proceedings So long as the bill
| in chancery l. pending they lave 40 night
u come here with petition asking Tor the
Sme RELIEF. lie thereupOn read motion
to dismiss the petition, and To order the
Ru Jaud 20 choose which they vii proceed
und n
Mr.. Understood said the Vermont Central
had a $50, to-day, fled general demurrer.
on the same ground.
Mr. Roberts in renly said that tho bill
goes f.. much broader and more general re-
lief than the petition. which latter asks Tor
only two specific thing. The violation OF
the order on the lower r0ais t1r the pay
ment of e nj was not done with the sane
tion o(the court. therefore it wa against
the preyi, a! order OF the court. The peti-
ton does IA u ask for resciS-ion OF the
lease. a. the bill does, bat merely to he let
into misses 40. unless they shall pay the
rent The pet ition was filed under order OF
cart and with due notice - the other par
ty. All the.e eases were postponed until
tl-day. " ith the understanding that they
were 10 ba heard today
AIr. Field said that on tho 22l day Of
July, Mr.. Edmunds moved for leave t. hle
a bill CT & petition, AID the court granted
leave % bring bill Or petition 90
the 3.st Of July, they hled an grls maj Dill,
in pursuance ot the order The answers
were filed soon after, and then the hlt,
land. seeing that they were iame' n'ed
their petition, bat did not withdraw their
bill. Both are substantially '9r me same
thing and are in the same cause OF action.
lie vent on to discuss the prov 'Sions OF
each endeayoring to show their sim 'larity
The question is. can there be two pro ceed-
ings Tor the same cause Of action at the >. 'ine
time.
III : decision OF the court was announced
by j. dge Barrett. lie considered tire oh
jects aimed at by the bill and the petition
To be precisely the same. They regarded
t 10 u Ie>5iun now within the Judicial dis
C -eti, n Of the court They had auown oil
= o instance Of such twO-iOld procedure.
} 'he rule allowing party 10 proceed III
{ guilty I, T alternative relief confines him TO
a single D. oceedng and does not permit of
parallel suns. They would NOT undertake
10 determine which pToc-ding Is best Tor
the party. bus would DECIDE that he should
elect uhicl be will proceed under for the
present. and whichever he chooses will /
have the effect to set aside the other.
The counsel for the Rutland then an
noupced that they bad decided to proceed
upon the petition Dir. Roberts then offer
ed the affidavit of JOHN Il. Page.
Judge Poland Objected To 1t on two ,
grounds first, that it was filed before the
petition was brought, nd second, because
it was er pGrte, and no such testimony can
be received. either by law, practice 0. prec-
edent
TuE GRASGERs-rHE MONTPELIER Con-
yENrIoN.-The mass grange convention
which was held at Montpelier Thursday OF
last week, was q success in point of attend
ance The following list Of officers was
E. H. o,suino ,oar
Master. T. E Boyden, OF waits6eld: Secrstary,
Lecturer L. n. Ellis; Steward, J. r. BOLSTER, OF
North Montpelier Assistant steward, Brother
Richardson, Of Nerth6e,d; Chaplain, Edmund e
d;ate Keeper. Brother Ioyeland; Ceres Mrs. 6eorse
Crane, OF Brookfeld: Pomona. Mrs J. E. HOLSTER
Flora Sister Cove, Lady Assistant Steward Sister
Peck, OF Brookneid.
A vote favorable to county organization
was taken, and i. Was decided to meet a.
the hotel of H. II. Bishop. December :, for
the purpose of completing the arrange
mems Ii WAS also voted to reques.
each grange in favor of the propo-
sition to send two delegates, with
instructions as to what kind of or
,-anization they might desire A resolu-
zion WAS adopted thanking the State Agent
for the pains he had taken to furnish them
" ith samples, and pledging their united
support in carrying out the financial work
of the Order. The remainder OF the alter
noon was occupied by addresses from va
rious members Of the Order on the educs-
tional. financial and social features OF the
organization. In the evening, public
meeting was held In Village Hall. when
remarks were made By DR.. Hoskins, Mr..
Clougb, Of New Hampshire, and Z. Z. An
dfsWy. Of Berlin, W.,