Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1876-02-09
Montpelier and Wells River Railroad.


Chancellor Ross and one injunction before
Chancellor Powers.
During the afternoon session, which was
at the St Johnsbury house, after Hon. J..
l.. Edwards speech asking for the appoint
mcnt of VIM 4. Tower of Massachusetts,
for Receiver of the Wells River road
he was followed by +. V. Randall who
repr c-cnted y. c. Munson Mr. Randall
filed Il cross bill, claiming Il frs t lien on
tle road for the balance lu, rs 4 contrac-
/ tor Charles H. Heath, Esq, read bill
in favor of the town Of Montpelier and
other stockholders against the railroad
company and Sortwell and majority Of
the directors, alleging Il conspiracy to
wipe out the original stock, which was
followed by answers of the various defend
ants Mr. Heath also asked for Re-
ccivcr.
Mr.. Randall opened the arguments for
y. {. Mun>on, and WAS followed by
Mcs>rS Heath and Fitield for the stock
holders. Mr. Filield claimed that the
bondholders have lost their right of fore
closure by reas on Of the agreement which
was entered into. by Mr.. Sortwell when he
was let into the possession of the road !;
that nobody had 4 standing in 4 Court Of
Equity for an appointment Of Il receiver
but the stockholders, and that their right
was clear by reason Of the breach of said
! agreement by Sortwell, and by reason of
| the fraudulent conspiracy to wipe out the
stock Mr. Fliell insisted that no foreign
receiver could be appointed, because the
court should constitute its own officers in
order to enforce its orders, and that Mr.
Towncr, being out of the jurisdiction of
the court, could not be accepted.
Judge Poland followed, stating that he
appeared for Mr.. Munson and also for the
stockholders, and insisted that the receiver
cnt Of the State.
After sup CT the hearing was resumed
the parlors being more crowded than dur
in. the afternoon session. Arguments
were made hy Messrs. Willard, who ar-
pcarcd for Mr.. Sor.well, Mr.. Gleason and
Mr. Shurtlitf. They denied the charges
of fraud and other allegations AS advanced
by the other side Mr.. Shurtletf said that
there were other interests secretly at work
through counsel on the other side, allec-
ing it to be the Central Vermont Railroad
interest TO eventually get control OF the
Wells River Road.
Judge Poland denied any such attempt
us regards the Central Vermont interest.
The Judges retired for consultation and
at half-past ten O'Clock announced their
decision for Receivers. Judge Ross de-
livcIed the opinion, and the Court appoint
ed Hon. w. II. II. bingham Of Stowe and
). 5. Thompson Of Lyndon Centre as Re
ceivcrs of the Montpelier and Wells River
Railroad
Relative to the dissolution of the njunc-
ton the Court announced that the injunc-
ton should still remain in force, which for
bids either party from voting or distressing
of the disputed stock
Chanccllors Ross and Powers were in
Montpelier Monday and Tuesday and the
formal order was made which we give be-
low. This contains the result thus fl, Of
the litigation
DANIEL + soHrwarr w InGhaa4esr}
w 5e . N%"'E I;sifsa aP2 VIII rs I
Two u ~ .tttIt,,
FKASKLIN HAVEN,
ar IN ms own nae and on behalf Of all other hold
and Wells RIVER Kar"ad Company and a.anst Tn rht
n and d F2ntEGHT avn s at b % in 4 s ia
81 Ia hsets trSters naned IN ths trs' n,rt-:a.e
Il sand m'rt-sase and praylne for orecosure Of the
run AMI 9perat' said rairoad bending the rr!fe,rns
d., Sa n o, l1Iet4suIe on the motion for the nlnt
tr IeaTil befort the un,iersi-ned Chancellor at
~ at "clork IN the AFTERNOON at which time
s6 at one "i'ii Tue 4h DAY OF fe'r"ary
And now on SAD 4tn day Of February said motion
@f95 <t,j anti H. Ia, ,ha36srs A. s
road romany appearing BY counsel ana the sad trus
tees not alrearlns and hear -nG being had I'll,
sa;r rHsn an W 1i1o1 Of l{ saga M the /"
railroad according t. the IIayer Of sand bill
An'. sad receivers. on tinE i'll tins court bond III
foI and sufficient suree- to he approved by james
faithful % s az l1' rrc2ers IF tI for , the
a. IGi rrcslytrs are hereby auth"rlzed aud directed
kallrad and the depots estate roll NJ STICK ma
rnm 5n3S prs"naL lr9perty and aianceS for
y i sai rallr4adt onpauy orc SAID b"ndnol,iers
the hands IF the orator as ana hi|ty5
railroad, and also ali accounts ana eIiI~res If sad
a." dne etld railroad and which have accrued since
and account the same and all ehs in i:i iy
traits made 6y 'a n as Such St 'aa rToa aRd an
n are l" lie ana EtInaln manageable anda hen upon
me tTnini ana income Of the sad railroad the same
III th' hands Of the orator nanas as aforesaid but
Sa a @ are to maxi inventory valuation
receivers as s" a. a, an1 f[ it 'tfF to
days from the time said property Is turned over TO-
clrianctry; for Washington County '''i' VI
road keeru tnd "a are 10 run and oierate said rail
hayin due regrd t" the public and the inter, sts Of
true account of their receipts ard EXPENSES in and
1 SAID rairnad and Sau W lsi and IN 3era
and s and l "tener an r arf%nnt {" sn reces
saId rerivers shall incur personal liability while
~ we execution Of TINS order, and shall not m
1t cuhtrart either express implied entered into by
properly While SO cnr r t ny nnry to- r. ~,
business OF said receiyership norf6r the negligence Of
naIo RECEIVERS shall be at all times subject to the
uutl ~ sdld court OF Chance and
az any tlle by sad court for and
me property III the hands said receivers shall aiso
al an ulnes be subject to the order said court
hli me sad ID H. SOrtWell. and the said MoptpeIier
s Wei!s RIVER Railroad Company are hereby CON,
hueG 10 turn over to SAID Ivers the railroad and
the IillnS stock and the other property htrDtnfnra
'lei IN tins order to be taken pOssessi,, ~ 10
sa III receivers, aforesaid " ~ '7-'A4 VI ny |
any party Interested shall be liberty to auuIv to
tHiS curt at any time tor relief i'll the premises
ne bond to be filed by said receivers to IL. i,rt
anu Graz Dond III the penal of one hIludrrd
NV t'Iiar- or the seI eral bond of each receiver
nl ne pehd sum Of fifty thousand dollars Thu, srv
era bonds IT gwen. to he approved and n ed as
before SAID road and property taken posse.slon
Il pt. d" 81 'ohnsbury. this 4th day of February A
N'the"' JONATHAN ROSS
Chancellor
he Judiciary committee of the Maine
legislature have reported Il bill abolishinr
the death penalty.