Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-11-09

THIS cause has been pending in the Court
OF Chancery Tor Franklin county since the
mandate OF the Supreme Court Of January,
1851. Ii came before this court by appeal
from the pro .forna decree of the FrankIin
County Court of Chauctry made at its last
April term. Ii was heard by the Supreme
Court alta special term at st Albans. July
"a. This. d" said Judge Barrett. "ls the first
time since that mandate tot January. 1861
that the cause or any question IN 1t has been
before this court, or any other court In the
State. except the Court of Chancery for
Franklin county. OF before any judge, ex
cept IN hi Office "a chancellor of the Court
of Chaneery Tor that county" The case is
not before ihiS court for the review or re-
vision Oi questions touching the iudlclOus-
ness OF what has been done In the
course of the history uf these railroads
Ii Is before the court upon the petition Of
the Central Vermont company asking
for the sale of the Vermont and Canada and
the Vermont Central. and is To be determin-
ed BY the application OF the law as 1t Is to
the case as made up from petitions, answers,
records. etc. The decision tn, n stated In
detail, and very elabOrHtely. the history of
the case, the causes which led To the man
date Of 1851 creating strict recelvsrshlp.
which went on under that mandate until the
COmHIbHlSC VI lCOi AHt tICf~lOu
and the authority of the court for creating
and carrying forward that receiyerShIp has
never been questioned by those VIII were
the parties to the cause when it was
created As TO the compromise decree,
the decision says that being Il decree by con-
sent and beyond the scope Ut the orig Inal
bill ami the orig NAL mandate ami decree it
did not contemplate OF Involve Judicial de-
liberation ur Jud dsment "a 10 It's subStan-
tial and ef5ctlve provisions. 1t was de-
yi-ed and put in form as lhe outcome of
the mind and will OF the parties, ard it
adopted " hat had been created by the court
a. Il It rtcelSeF>hIp, a. known and warranted
by the law. but the administration of 1t was
not lett II the judicial Judgment and direc-
tIun of the court under the law authorizing
aud governing IA rtcrIvrrship known u the
law ~ such Instead thereof the parties
enacted Il code ca cORtrGcfu Tor the admins
IratIuu ut the properly and provided eI con-
Tdctu that there should be the iurmaiItS a.
of II decree supeIvenIns Ghereuppn. S,yee
that the administration has pFucrrt.rI IN
pur-uancr ui that tact, and 1t tnat turmallty
practically aS All administration by the
agreement of leading r,al and representative
persons and parties All the orders that
have been made since he decree of le61 have
been made upon the assertion aud showing
thai III the main they had been agreed upon,
and that IL was agreed thar tGey should be
obtained, la none OF thtin ~hs there any
ground ur occasion Tor the exercise ol orig
nal AMI Independent ludiciAi iuds sment by
the Chancellor. All that eau he claimed
Tor th III l. that they Were Ouly consent de-
crccs, which became elective only when
CARRIED into execution Such dtcrtes have
been often made and are common IN this
country and IN England.
- by the PROVISIONS of the compromise
decree the occasion and purpose for which
the receiyer-hIp was created ceased, VIZ :
The pay ment OF rent of the Vermont aud
Canada road four months In arrears; Tor
ail'such rent had been satisfied by funding
1t into new stock. except S97 900 iOr the
future payment of which provision was !
made Tor 1t To be afterwards satisfied, not
by income from the roads, but by new stock
at ; per cent. The decree Ui lSbi was de
signed to establish permanent system Tor
the control and admins tratIon OF the pro-
perty. Cav. smith, IN hts testimony before
the Masters, said that 'hy the decree Ol is64
tho " hole plan ut mana cement WAS entirely
changed and the whole property Was to bc
managed independent OF the court except
as IL might be- necessary llr the court t.
exercise It's general control over II. The !
sub>t quent management, such rs leasing |
other roads, steamboats,. etc has been out
side the clc:itImate purpose oi y rcceiverShIp.
lt Is fundamental IN law that II receIverShIp
Is temporary, To serve AN existing cxIgency |
and when that Is done II Is 10 cease Since /
the close of this rcciyrrshIp IN lS6i the |
pnsitiun Of the court OF thancery has been !
I'm "A sense ministerial and very slightly II |
Mt all iudical." Ii was the design ul the |
compromI~o decree that the properly em- |