Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-10-31

Judge Barrett last evening delivered thu
opinion of the Supreme Court upon th'
D, tition of the Central Vermont, in Its ca
pacity of manager and receiver. for leave
to sell the Vermont & Canada, and Yer
mont Central roads. The hearing on this
petition was at St. Adams last July Ihe
court house, last evening at seven O'clock
contained about hundred interested lis
teners. Judge Barrett promised by saying
that the opinion read expresses the opln-
ion of each Judge of the court
The delivery of the opinion occupied
two hours and forty minutes, and Tile con-
clusion arrived ut was the affirmation OF
the pro fornsa decree of the chancellor
dismissing the petition. The history OF
The original lease of the Vermont " Can
ada TO the Vermont Central in l849' It's
modification in 1910, the first and second
mortgages on the Central in 1851 ami 1897
the surrender of the road 10 trustees oil the
bondholder in 1854, and the institution OF
the Vermont & Canada suit in 1853 which
resulted in the rereivership Of 1861, were
reviewed at length.
The decree of 1861 was in an adversary
proceeding and constituted reccivership
of n well known class. But afterwards
there were proceedings that resulted in
what is known rs the compromise decree
of Jan. 10, 1864. This decree was not
obtained in IN adversary proceeding but
was consent decree, and the numerous
DEGREES since then have been consent de
crees. The parties to these consent DEGREES
must rest on the substantial agreements
on which the DEGREES were founded, and
he DEGREES will interposp no shield of for
mality over that which fails in substance
So parties must abide by their agree
ments which they have made and of
which they have enjoyed the fruits. The
receivership which now exists under the
consent DEGREES is rather in the nature of
a managing agency; and the rights of the
various creditors cannot be determined in
this proceeding. 1t is by other proceed
ngs 10 which the court cannot volunteer
TO direct, that the rights of creditors Of
the management, bondholders and lessons
may be determined.
The opinion was n most learned and cX-
haustive one, and, though long, 50 clear
cut and condensed that no abstract en-
hracing any considerable portion of it is
possible. Judge Barrett made II couple Of
very brief illusions which will be of pub
lie interest. After saying that this case
like every other cannot be a law unto it.
sclf-but subject to The law, and to be de-
cided upon the law, and the facts present
ed, he said:
This is all. perhaps, that it behooves
us to say having reference to what has
come to us in various ways, for years past,
IN res pect to the administration of the rail
roads embraced within this petition and
he relation the courts and the various par,
ties have sustained to it, whether prompt,
ed by the ISLANDERS of pecuniary interests
or by mrlevolent ignorance or mendacious
malice"
Further along in the opinion be said that
The " scandal spoken of could have no
weight with the court and that courts
could only decide in accordance with JUS
ticc according to law, leaving the general
exercise of comment, criticism and abuse
IF public servants without weight with
them whatever they might have with 9th
ers.