Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-01-07

| 80 - kAvssy 5tA0hB Woys 0us
clients are sometimes not sufficiently
careful, l think, in signipg answers I.
see whether they are signing their owl
ans ~ers or whether they are signing III,
mere bones and skeletons of their own
clothed and decked out in flesh anC
blood and fiounces and furbelows, by the
enthusiasm and ingenuity of some coun-
eel And / am bound to say, in respect
to my friend, Gov Smith, that l should
expect that particular verse In this an.
swer he drew himself, because it tells
the simple truth ungarnished and IN
adorned.
pray your Honor's attention also to
this case, in respect of the orders, which
as | say, come into perfect con-
cord and harmony with what the petit
ton states. II is q statement of fact
that this. contract was made, and that
when it was made this part of it was as
much established as if each order had
been written into it. That paper was
submitted TO your judicial approval, and
we must suppose that it mus; have been
submitted to your judicial approval upon
he true and honest ground, and no
other than this in respect of which and
for which it was made. And il was.
have too much respect for my honorable
friends, who submitted the contract to
you by their petition, aud stated its sub
stance and motives and inducements,
that led them to make 1t, the mo
tives and inducements that led
them to ask your judicial approval
OF ii, TO suppose they did not
state truly and fully every ground which
they thought, or in their judgment ~as
an element upon which the contract was
TO stand, or concealed from you any mo-
tive or representation which had in
tuence upon their judgment and which
ought to have influence upon yours.
Then we have, sir, no dispute SO far
In this case. That this contract was
made, this special security, call it a
lease or what you will, | am not for
names, as | said, but things, in which
the course OF business brought at the
end ofevery month money balances suf-
/ cient to pay all these rents. Perhaps
| In justice, should say that this an
swer says they deny ANY custom or
understanding by which said receivers
were bound to allow money to accumu-
late in the hands OF the said Cheshire
and Connecticut River railroad compa-
Mes What does the petition say
They undertake to deny what the Pc
tition says? By no means. The pc
tition says more which they don't de-
ny. Ii states as a fact that there was
at that time a course of business
Custom is long usage 1t must be
universal in the locality in respect of
which we speak OF it, We state that
there was a course of business exist
ing at that time by which these orders
provided for in the contract carried
out by the parties, were not mere
sham and preteXts to cheat the stock
holders ofthe Rutland railroad compa-
ny into supposlng they had security,
that they had not-but that they were,
as they proved 10 be during these four
years and half, till nv friend, Gov
ernor Smith, broke them, valuable and
etiicacious instrumentalities approved
by your Honor, to bring into the hands
Of these trustees, for their constituents
the necessary means to secure this
rent. So that ! am justified in saying,
that in respect Of the case stated in
this petition, there is not anywhere or
in any particular, any denial OF the
facts and OF the statements contained
in it.
We have, then, a. say. this case
not a disputed case, not an assertion
upon one side and denial upon the
other, but the truth A. clear and as
1nal as it can be at the end OF this liti-
CATION; case in respect Of which, alany
time, mo proof can be- needed. because 1t
stands upon the record now upon
both sides by which it appears that
here was his contract, here were these
stipulatiOns, here were these orders.
here Was this course Of business which
brought out Of them from month To
month, the means to pay these rents,all
Of them made more secur. by YOUR Hon
or's order, that these respondents
should 20 ON and execute that contract
and carry il out according TO its terms
50 that at this present moment, and
when this petition was filed, you have
here parties who are called officers OF
your cOurt-partie> subject 20 your in
dicial direction, who have been by an
order which is final so far As that order
Is cOncerned, directed TO do particular I
thing, and that is on the twentieth days
of January and July. 10 pay particu-
lar sums OF rent, and on certain month f.
ly days 10 pay other particular sums .
of money, not measured by contingeu- /
cies, but measured oy an absolute /
naming a sum which is, on each date, /
to be paid. And you have their admis- .
sion, rs well a our assertion, that they .
have not ObfygI vour order
Now my enquiry Is, therefore. IN .
that state Of things. whether party .
in whose favor this decree Of this
court OF justice was made. has indeed
any redress or relief When. in court
Of law, or equity either.as far a. | ever
knew, a judge or chancellor in cause
before him, having the authority.
makes an Ordereither iuterlocutorv or
hnal, 1t does not require fresh suit TO
get an order of the court in execution
Does il? II | have cause in vour
HonOr's court AT law. and YOU com
nand me to give bail il does not re
4uire a suit Of the party on the other
side in order TO carry that order into
Execution, | must either give bail OF
take the consequences. II does not
even do for me 20 say that YOU made
hat order that should enter into hail
lndera misrepresentation ofthe circum-
stances, that the other party had told
| lie about the sufiiciencv OF the bail
hat was in before That does not Jus
ify me in refusing 10 obey that order
Il you order me in court 10 paw into
he court certain sum OF money. it
foes not do for me 10 say that the 9th
r party must bring a suit IN order 10
compel me 10 pay that money into the
curt, and We must 20 through three
n four years litigation in order "a
each a determination as To whether
hat order Of yours should be obeyed
everybody knows that because If that
we're true, after You had made YOUR
ecoud order uuou the second Suif all