Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-03-08

possessing the road, and authorizes a seizure
and sale OF any property which has been at
any time owned by them, to satisfy this tax.
This section is the collectors authority for
collecting the taxes assessed under that &C. :;
and the repeal of this authority by the act of
1876 would seem to leave the collector with
ont power in the premises.
The general doctrine, as held in many cases
bv the courts in this country and in Eng
land, is, that 1.-THE effect of repeating stat
ute is to oblitcrate it as completely from the
records as if it never passed, and it must be
considered as law that never existed, b" so far
as regards action under it thereafter by any
parties. In bankruptcy proceedings and any
suits founded on a statute-though they may
have progressed to the eve of final Judgment
vet in case of a repeal of the statute, the
Judge has no power to render the Judgment.
Our Supreme Court at Rutland was asked
TO saw that taxes assessed under the act of
1874 could not be collected of any party.
They declined to decide the question, because
the towns, not being parties before them,
would not be bound BY the decision.
We understand that, with view to a
peaceable settlement. the railroads have pro-
posed to pay one-half of the taxes assessed
un Ter the repealed act, thus dividing the
apple OF discord, and there is a strong
probability that this compromise will be
accepted. Probably the towns along the line
of the Rutland and the other roads entitled
to these taxes can well afford to settle this
matter thus for they would receive without
litigation two years back taxes, with pros
pect Of regular yearly taxes hereafter. The
towns on the line of the Vermont Cen
trail receive no taxes and will receive
none so long as the title to the Central road
remains in the old Vermont Central Com
pany-the stock, property and effects of that
corporation being by its charter exempt
from taxation forever. meeting of the
directors Of this old corporation has recently
been held in Boston, with a view, it is said,
to reorganization of the whole property
from Rouses Point to Windsor under its
charter, thus perpetuating and extending
this valuable exemption.
The great question of title may be thus
solved by reaching at once the best possible
basis-the foundation. The debts against the
company, at one time the great stumbling
block, are for the most part outlawed. 1t
ought to be feasible thing to harmonic
all conflicting interests, on some really
equitable basis, under the original charter.
Suppose all the securities were scaled down
to say IS 100000 and consolidated into
stock of a corporation holding the road and
its equipment by undisputed title. Such
corporation, free from debt, unincumbered
BY leases. managed by its owners, and with
a view primarily to the encouragement and
development of its local resources, which are
the surest reliance for the support Of any
railway, would earn good dividends on its
capital stock and fully indemnify the com
munites along its line for its perpetual in
munity from taxation.
Possibly in this way. after so long waiting.
there NAV open up for this splendid property
the certainty OF an honorable and prosperous
futurp