Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1878-10-30

named; with proposal of amendment fixing the
SUN Mt S65.25 which was agreed to, and the bill
| read the third time and passed
From committee on claims, In favor of H. 81,
10 pay H. Grosvenor the sum therein named with
proposal of amendment fixing the sum at $40 10;
which was agreed to, and the bill read third time
| and passed.
From committee on claims, adversely to II. 1871,
| TO pay George NJ. Fisk the sum therein named;
third reading refused
From committee on claims. in favor OF ii. 131,
| TO pay Patrick Regan the sum therein named
1 with proposal of amendment, fixing the sum at
S2i JO which WIS agreed to- and the bill read
third time and pissed.
| From COMMITTEES grand list, in favor of II.
1872, to egalize the grand list Of the town Of
Victory for 1877; read third time and passed.
From committee on corporations, In favor OF II.
| l52 to Incorporate the Enosburgh Falls Aqueduct
/ Company; read third time and passed.
From committee on claims. In favor of II. 1913,
to pay William X. Rowell the sum therein named
with proposal Of amendment fixing sum at Sill;
which was agreed to, and bill read third time and
passed.
From committee claims, in favor OF II. 125,
to pay Peter Collier the sum therein named; with
proposal of amendment, fixing the sum at Sl5O-
which was agreed to, and the bill read the third
time.
Mr. GREENE Of ST. Adams inquired Of the
| committee on claims II this claim was not before
the Legislature six years ago and settled then To
which Mr. Collins of Barton replied that Mr.
Collier was employed by the States Attorney TO
anayZe the stomach Of Mrs Cook, and that he
had to make two analyses, and that the claim OF
500 was very reasonable; and 1t did appear that
one-half the amount had been paid to Mr. Collier,
though it did not appear that 1t in full OF the
claim. lie understood that there was an agree
ment made with Professor Collier to pay him the
sum OF $500 for the services rendered, but only
half Of 1t had been paid
The passage of the bill was then agreed to-
yeas 10, nays 6S.
alter the name of Cyrus c, Buck read third time
| and passed
From com on highways, bridges and ferries, in
favor Of II. l40, granting ferry to Lewis wikin-
SON. with proposal OF amendment limiting the
time tn ten years, which was agreed to; read
third time and passed
From general com, in favor of H. lS9, in
amendment Of an act relating to private corpora
tons by voluntary association, approved Novem-
Der 23d, 1870; read third time and passed.
The special com. on so much OF Governors
message AS relates to the will of the late II. b.
| Howard, reported joint resolutions, as follows:
Resolred BIZ the House Represn and the Senate,
rs YIN DIE ree9s1il,9h q me lben,il,y shown Sy as
3 and r. OF S In a asn nS by by as
state Of Vermont in founding in Fairfax an Orphan
the ct that such asylum in Fairfax cannot be founded
s s S sa @ % o he d iTS
contains provision which sn6snthy carries out his
state a9 c mot acc H. eeape + pespsR for The
Howard.
-h the of the said Harmon Is. Howard certified
COPY OF hee Is.oln9n which shall be sufficient voucher
Discharge all interest of the State of Vermont in said How
Which resolutions adopted on the part OF
the House.
Joint resoiution-From the Senate, similar to
the one just adopted by the House in regard to
the will of the late II. b. Howard; which was
ordered to lie, on motion OF Mr. Smaey of
Burlington.
On motion OF Mr. COLLINS of Barton, adj.
House-Afternoon.
Bills introduced and refeFred-S &c, prohibiting
the Judges Of the Supreme Court from holding Of
flee in any railroad corporation in this state; to
committee on judiciary.
S. 30, to incorporate the Bellows Free Academy
Of st, Adams; TO committee on education.
By Mr.. MORGAN II Bennington, to pay Charles
p. Patten the sum therein named; to committee
Mr. HOLBROOK Of Milton called up H. ~, re-
lating to the alteration of school districts; the
question being on the adoption of the amend
ments proposed by the committee on education,
10 add to section one the provision that in OF
dispute all matters shall be referred to the select
men or committee appointed for that purpose,
who shall report to the next annual town meet
ing After brief discussion Mr.. Poland Of St
Johnsbury moved that the bill be again ordered
To lie which was agreed to.
Mr. EATON Of Danville called up S. 8. repeal
ing an act relating to conrts OF insolvency, APP
proved November 2S, 1876; the question being on
the passage OF the hill
Mr. FULLER of Fairlaven said he originally
|
unconstitutional lie had looked the matter up
very carefully, and read the provisions of the
United States Constitution to the effect that no
tate can pass any law impairing contracts: and
then read from the insolvency bill now proposed
to he repealed and stated his belief that the pro-
visions Of the bill did impair contracts lie then
read varions decisions in regard to this subject,
and showed that state insolvency act discharg-
ing the debtor without the consent Of his credi-
tors Is law impairing contracts within the mean
ing OF the United States Constitution. The in
solvency act being dead letter upon our statute
books ut the time 1t was passed the repeal of the
national bankrupt act does not revive the act and
make II constitutional
Mr. POLAND of st. Johnsbury consented to
the report in favor OF the repeal OF the insolvency
act from what he considered the universal de-
mand of the people of the state for the repeal OF
all laws which provided for the discharge OF
debtor in any other way than by paying his
debts. lie did not, however, quite agree with
Mr. Fuller OF fairhaven as TO the constitutional
ity Of the law as he had supposed it fully in the
province OF any state 10 pass law that would
discharge debts contracted In the future; but he
was equally certain that laws could not be en-
, acted that should operate to relieve the debtor
from debts contracted in the past. He believed
1t fully competent for a state u enact a bankrupt
law even while the national bankrupt law was 10
force; hut such state law would be imperative
so long as the national law was in force, and on
the repeal of the national law the state law
would go into operation and be in full force and
constitntionaity. He could see no difference
between the operation OF a national and a state
bankrupt law, except in the matters of fees that
were coectable under the two. He did not see
that the present law is open TO the objections
that had been urged against IT, He thought we
should determine first whether it Is best to
have an insolvency law; and II 1t is, we had better
keep the one we have got, and II 1t is found de-
fectve, amend it in two years, The great objec-
ton To the law is that II Is too cumbersome-there
was too much machinery In its enforcement.
There was not so much need OF a bankrupt law
in an agricultural state like Vermont He thought
the national bankrupt law was more needed by
the Southern States and in some portions Of the
North but 1t was not so much needed by the
people Of Vermont
Mr. FULLER OF Fairhaven said he had found
that the state courts had held that these insol-
. | Laws nfinnul. hut ilia fad