Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-01-07
RUTLAND RAILROAD VS.. GEN.
TRIAL VERMONT.
The Argument Of Senator Ia.
munds before Chancellor
Royce, at St. Adams,
Dec. list, 1875.

oeo. oist, 1870.
The first point, may 1t please your
honor, 10 which wish to address nv
self. is whether the petition presented by
The Rutland Railroad Compsny, and th.
exhibits that are attached TO il, do OF
themselves make case which not only
ius;ifes, but absolutely demands, your
interference for its protection. | know
that The authority you are now to exer.
else is what ia called a discretionary
authority, and know that it is in your
power 10 send us out of court empty and
unprotected. But | have been taught IA
believe, In my brief experience In the
practice of law, that the discretion 70
which my learned brothers on the other
side have appealed 50 valiantly, is not q
capriCious, individual opinion, or pref
erence, or sympathy, or friendship of
anv man who occupies the place of
Judge. but il Is that sense of Justice. in.
dependent and impartial, which the
'aw adopts as the equity of judicial pro-
ceedings | shall proceed, therefore.
upon the assumption that it is not a
question whether 1t will be conyep-
INT for my good friend, Gov.
PEELED 10 DO something in respect of
Protecting our rights, or whether il
would not be q good thing for them to
hold this properly forever and pay moth
ius for il, but upon the assumption, as
have said, that we are TO have an
impartial consideration of what the
ruth Of the case, as il appears to be, is.
sni what are the stesdfast principles of
judicial and not personal discretion,
Which are to guide us to the tlnal
saa Of impartial justice.
NOW. sir, Whist does this petition set
u17 Leaving aside the preliminary
statements about the pre- historic condl-
I.ol Oi Inc road, / come to this contract
u the 80'h Of December, 1870. That
contract, as IL is called, Is deed, that
sreeies II instrument regarded as the
most deliberate and solemn and binding.
In tha, contract, 1t is said, with the sig
uzil-es Of both parties 10 it, that the
Rutland railroad own and control. not
only thei. own road and its property
aud effects. bat The Valley road, the
Vermont and Massachusetts branch.
and the Addison road. The Rutland
railroad company undertakes to turn
over 10 the Central people these four
roads. HowY As gift? Not exactly.
As a mere tenancy al willf BIZ no
means. But turned over to their use
sli occupation and management, that
property 10 be proceeded with in re-
speci Of, not one, but both of the parties.
ID clear and particular way which the
Instrument points out, and that is That
hose wd0 are 10 receive them are TO
rll aDt manage them in connection
sill their own property and trusts
.bgh tlvy sre administering for the
t-1t1t Of cOnstitUents-nOt administer
i-. IBIS property for our benefit as s
constituent, but for their benefit as
,H'-aclins party, on the one side. and
. tie remuneration Of Us az the con-
-i-tilg party upon the other side
How Upon their side they are to
lsse the use snd benefit of the prop
--y. They are 20 keep it ia repair and
ca cti1n 10 use, and give 10 US for our
ste, Is enumeration, at specific dstes.
..r4iu specified sums Of money not in
come, ..Qss or net, not profits, but Ger
'sl definite and specified sums OF money
7H.Cn aye g. be paid over on certain de-
rHre and specified dsys. And they say.
.H l-- same instrument and by force Of The
-suc solemn engagement, under the same
---- lla; they have provided a means
1y which. 20 tie extent mentioned in the
.r-'FJmeu1 funds are to be accumulated,
H.' l heir hands. but out Of the natural
coarse ui business, the sums necessary
% meet these engagements. And then
both parties ugree that, il 81 any time il
shall happen thst this specific thing to
70" done hy the Central is not done, if
t4.= money Is not paid 10 US In the speci-
led mauuer aud on the specified days,
sgd that default shall continue for
0e.Qd of two months, We shall De en-
titled 10 two methods Of redress one il,
'Gst we may re-enier simply. 10 the rs
ture If q landlord, for condition broken,
Tor The non payment Of rent That re
entry would leave the parry gu the other
side entitled to come to us the next dav,
or The next year, il may b.. pay up the
rent lurn due aud recover the possession
~ The properly as Of the old estate. We
all understand that But there Was ad-
te1 20 that another proposition. clearly
binding upon both sides, hat il either
side should fail 10 90 what il had engag-
e. l. do upon lis side, we should be en-
titled 10 terminate tie contract, rescind
as il Is called, repOssess ourselves of the
property, and that they should give il 10
Us. This TeCisi n, therefore. as il Is
called, is just IS much o part Of the con-
tract SIS that part If Il by Nhich we en-
gage O. hand over 10 them the possession
and management Of this property.
Wei, that benz the state Of this en- /
4 sgemtnt THESE orders were drawn pur- |
susut 10 this engagement upon the two |
roads, which were receiving moneys /
arising from the traffic Of our line as /
well IS theirs. Not that they were to |
urn over the money rec, iYed from all /
t1c traffic f s.l the Ines, but they were |
90 iun over The proportion OF il fixed /
by The parties who best knew what the
proper proportion was which should be
fairy rsterab.r 10 81 advantage " hich |
these. ny friends, were 10 receive from
DE undertaking into which the parties
bad entered. Q bese orders thus drawn
aud / saaii common, upon that more
particularly 10y and by, il connection |
with the same tralsaCtion-Wer pre-
seuied 10 The parties upon whom they
called for d performance. And accepted
by hem.
This contract also contained an en-
gsgemeu, that Ne should perfec; II in q
formal way by assigning 10 these par
Res certain leases which ne had, and II
arfasr= H. the petition and by the ex-
tIrjs that o1 the goth Of January, 1871,
Obi ass gument WIS inside ia due form,
fsued and sealed by both parties, and q
f-.-1 2 pulsliun ms4e u the same end
Be before excepting that IN one respect
tie notice Of The tine OF default was
changed from sky - thirty days, which
Is of no consequence particularly in the
point u4d r consideration. This petition
proceeds 10 state that these parties con
-lued 10 operate and manage these