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

I
| enter into possession of its own road, anG
| of the Central road, which 1t didn't own
and having got into possession, 1t should
faithfully manage the two roads, and when
ever the net income should be enough to pay
| these annual rents, and when these annual
rents should have been paid up, then these
roads should be given up. So that you
| Honor will perceive, ii was an essential
part of the duty of the orator, when the
money was made which should pay the
rents up to a given time, to hand the prop
| eriy back. This order. therefore, was in
precise accordance with the terms of the
contract, and the motion made upon that
instrument
Now my brother Underwood il 1uires
whether the next year the property was not
given back to the trustees rs trustees or re-
ceiyers and managers. Ii ecertainly was
given back to these trustees, but not be-
cause Judge Poland reversed, upon re-
hearing, his preliminary order; ii was not
given back to the trustees, because the trus-
tees in possession or out of possession, took
the law into their own hands, or in spite
of his order, undertook to do something
else as our friends on the other side attempt
to do: BY no means. In those old fash
toned days, your Honor, il was thought
that the order of the Chancellor had some
eficctual vitality, and it was not the bust
ness of suiiors, or counsel, or anybody else
to determine for themselves when and I'M
der what circumstances to carry ii out
When these gentlemen became convinced
all around, that it would be for the interest
of all parties that the Canada should give
up the possession, instead of undertaking
to 20 outside of the authority Of the court, or
to change a single iOta OF the duties the court
was commanding them to perform, they
made their petition to the Chancellor, set
forth the change proposed, and asked the
Chancellor to make a second order, which
should cover the requirements of the then
existing condition of the subject.
Now your Honor's order in this case,
which reserved the money lccruing in the
hands of these lower roads, which gave a
promise of the rents as they were mention
ed in the contract, was not in form
or substance intended to be one OF
those reversible orders, which could
be made one way today and changed
to another way tomorrow. The parties
were outside. not subject to your iurisdic-
ton. whose trusts in no sense, vour court,
or the agents OF your court, were admins
tering or had right to administer, or to
dictate the terms upon which a. a matter OF
contract or deed, they should have any re
lltiOns OF business with these trustees or re
ceivers They have the control of
their own property. Therefore they
provided not only these methods,
in the contract there confessed, but they
also provided that there should be the sol
emn judicial sanction Of this court, because
il had been said to them. and il is a COM
mon understanding around the country,
when anything is demanded
aornfrt-r rh4.tl that fltar- nmHtsr
the protection OF the court. | have heard !
it said in distant States, lyon can't sell an
engine 10 any body in Vermont because /
you are selling IL TO the court" So ! say, |
your Honor, that this order which yon |
made is not one which could be changed 1
by yourself from time 10 time according 10 |
your discretion Il Is final. II is true that /
{ that order was got out OF this court, as
any other decree may have been got out OF /
L by fraud, YOU could not only on a proper /
preceding set il aside, but You could deal |
with the parties who committed the fraud |
lpun your court But our friends upon
he other side have been careful not to make
m application of that character. Its much
more convenient to them 10 treat your or
Ter a in force 80 far As it protects them in
possession, and TO disregard the rest OF
sour commands which require them to pro-
Get Us. II m~y be, Fir, that the ;ime has
ONE when orders of this court are con
trued that all those parts of them which
avor one party are TO bee cfiectual, aud all
hose parts which favor the other party are
@ be len 20 the tender mcrcics of q drifiin-
aw suit, but I don't believe IT, shall not
believe it till ynur Honor so decides.
But 10 j. said, If 10 please your Honor,
hai Mr.. Justice Barrett has decided IN the
'hepyer A Hart f-tu-e What l. fatal 10 our I