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


Z stallments thereof, due July, 1872. We
r on the 1st and Goth days of July, 1875
large balance became due your petit
TONER under said contract for the use Of
. your petitioners road and property, the
: Addison, Vermont and Massachusetts,
r and the Vermont Valley railroads, anG
to the amount of S2S1, $40 S."
Now. then, from the 3Oth of January,
, 1870. TO the 1st of July, 1872, is three
, half wears, and from that time to 1875
there are two years and a half more, at
, the end of which time in respect of all
, of these roads there are $2Sl, $40. 90 due,
and due by the terms of the contract
OF course II they have an equitable off
set it must be diminished by so
much. And so. therefore, | am
justified in saying upon the plead
ings that il is asserted by the
petition that they took possession of this
property as they did all the others. that
they paid all the rents stipulated for a
year aud half ; since then they have
failed to pay all the rents provided by
said lease so as to have unpaid at the
first of last July this sum of money.
Let US see what the answer says
(Reading.)
We have a case where they say they
did take possession, but deny they have
completed il. notwithstanding they have
run trains over il and carried freight,
passengers and mails But. may il please
your Honor,i it is not exceedingly material
which of these parties is right in respect
of these cross allegations of matters un-
| der dispute. They admit our allegation
that they made this contract, gave this
security, and 50 far as the facts go they
have given the orders mentioned in the
contract in pursuance of the arrange
ment, not as an entirely graiuitons
| thing that they took possession of ali
the property, and that the things which
in that paper they promised to do, they
| have not done. They say they are US
| titled in this by their claim in relation 10
| the Addison road. That part of il we
deny. Thst is just here the case stands.
But | say il il not material for The pur-
poses of this case. as Judge Poland stat
ed, Ia know in respect of these disputed
allegations which party is right and
which is wrong We know in respect of
the undisputed allegations, that our ale
guinns are right principally, and if 50,
that the court Is bound to protect us 10
strain them from violating their cove
nanis. Now when you come to the |
eros claim what equity is due them !. |
No doubt it is due them that they should |
be put in an attitude where, if they turn |
out to b. right, they will have their in
demnity | don't ask for justice that am /
not ready to give, either temporarily or
permanently. Now what is necessary
for their security Is it necessary that
they should keep possession of our prop
cry and violate their covenant IN It they
made What would be said of us
if we should do that ? Suppose
we should say it is necessary for our
security that we take possession of all
their roads and leave them 10 settle by
and by Should not we receive the
rather scornful contempt of our friends
on the other side and yet that is lust
the attitude That they occupy in respec;
10 Us. We only say 90 on according to
the agreed condition of things till one
party or the other can make out that
one party is wrong and the other Is right
and 10 the mean time let both parties be
secured. And now secured? These
gentlemen have in their possession nOw
$500 900, and by the time your honor. /
within a week, and certainly hope YOU
will before week. shall pass upon
these questions. there will be a much 1
larger sum. That will 90 a long way
towards the $780, 900 on the Addison
and will do considerable to make 10 the !
difference between $3.50 900 and Il 900, J
900 OF tn. Rutland road in the year I
1870. +,
4. .f,I
10 admit that. sir
sir L .munis-I don't mesn that Gov
Smith here admits this or anything. He '
would not be doing justice 70 his cOun- 9
vel if he did admit auything-but | say !
mat On tine record before you that is ad il
niitei, and how? Because the petition
'et out precisely down TO what time rent
Vas paid, down TO what time a certain
ium was due. and your honor can see
~ computation what il would have
zen If they had paid the rents as
i5reed. Then 1t is mere matter of
on the face of the papers
low much from that date to this date
would run up. So. as | said before,
Iowa to this time, this Isl of January.
$40, there Will b. S6ij 6l0j3 due. il
'Ou would be correct about it, 50, your
I0nOr, | am not stating out Of the case
when | state it is admitted, because the
acts are admitted out OF which this
makes it.-ihst is what |
mean by admitted / don't say tina,
nese gentlemen in their answer have stated
lat down Co the filing Of this petition there N
vas SD much rent due. l am talking in the Il.
,gal sense, that that is the effect OF the .
headings upon the face Of the papers. Now al
)mouow morning they have got IN
heir hands over 5000 900 of security a.rea- "a
y. Bur suppose they DO not --i a dollar. ~
oppose they were required. Is they should in
e required, 20 revoke their orders and re- u
lore the condition Of things not from This y,
me forth, buI of course back TO the time
ueu the wrong was committed. Give IL
he money that had accumulated then and ie
lat they have received since. What IS a
ieir security then. suppose IL turns ont ''
lat they are entitled TO 100000 o.
!,oOO,Ooc, why are they eutitled 20 10; Be re
luse in the Transaction relating 10 this 81
roperty they have been defIauded but G.
lie property Is responsible for the fraud OF DIS
Re agents who turned il over 10 them. 80
ai whether this property remains in their De
lnds or comes into our hands, their Is nc
over under heaven known among men
: which the real or personal estate of that
uiiuud tru-t can escape from whatever .
wiully they can make out. more than
~ OF Us can escape the final doom of all
imam nature, death. No transfer, no
uveyInce no contrivauce, ingenuity or
scalty that can be resOrted too,
Il get away from the lawful
mand upon that property If they can
akc out their cise, whatever they have
f,erei.
Bur that is not an. We don't even ask
I'm 10 have AS security a mixed lien 10 De
arshIlled with seven or eight millions of
cir Indebtedness, L. they ask Us, if We n
IN our TO De right. for We have offered in u