Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1879-11-12
The Supreme Court.


The great railroad case, James r. Langdon ct
al. u.s. the Vermont & Canada ct ais, occupied
the court from Wednesday morning till Saturday
noon when the court took recess until Tuesday
morning. An entire day was occupied in reading
the pleadings and Testimony of John Gregory
Smith. Wednesday morning Judge Poland opened
the case for the orators. The question to be do
cded was whether the receivers Indebtedness Of
about six millions OF dollars should be made
charge upon the property prior to rent due the
Vermont & Canada and the interest due on the
first and second mortgage bonds Of the Vermont
Central Railroad Company II was claimed that
the loans which constitute the receivers indebted
ness were only effected through the belief that
they would be such prior lien upon the property.
As the courts opinion rendered by Judge Barrett
In 1877, seemed to decide that the debts were not
chargeable upon the property Ms mere receivers
debts, their validity was now placed by Judge
Poland upon the consent Of the Vermont n Can
ada and the mortgage bond-holders to their ere
alton; and the priority Of their lien was placed
upon the ground that nasmuch as the Vermont
& Canada and the mortgage bond-hoders had
raised no objection to their creation and had al
lowed people to invest their money on the sup
position that they were to constitute prior lien,
they, the Vermont Il Canada and the bond-hold-
ers were now estopped from denying that they
were first lien Judge Poland here applied the
maxium fdcit per alum, fdcit per Sc, good
translation OF which, he said, was whoever does
anything through another, must face IL himself"
And 1t was still claimed by the orators that
Governor Smith and his associates, having never
been discharged by the court froR their appoint
ment as receivers, were and have always been re-
ceivers and managers as officers fthe court. The
defence was that the Vermont & Canada and the
Vermont Central bondholders had never given
their consent TO the creation OF these debts, and
that all the DEGREES called consent decress,
were extra judicial; and that in no case could the
receivers Indebtedness be first lien on the trust
property, for an article In the compromise decree
expressly states that the Canada rent is to BIO
first lien upon the income Of both roads, the YER
mont 4 Canada and the Vermont Central. But
upon this point Mr.. Fifeld, in his argument,
claimed that that income" meant " net income"
after paying of all the running expenses. That
It was absurd to suppose that 1t could mean
gross income" The Canada claimed that as
they were simply lessor in relation to these re-
ceivers and managers, it none Of their concern
how much money their tenant borrowed, and
that they not esopped by their silence in re-
gard to the creation of these debts from denying
the priority OF their lien The leading arguments
for the defendant were by Colonel A. F. Walker
and Mr. L. J. Phelps while B. F. Fifed, ESD,
closed the case for the orators
The case of Gardner II. Kezar Us. William G.
EllSns, the last case from Franklin county, and
Joseph X. Ferre rs. The American B 'ard of Com
missioners for Foreign Missions, case from Ad-
Olson county which has been on the docket for
fifteen years, were heard yesterday. The quo
,odrranto cases from Bennington county, arising
out OF lively dispute the Bennington village
election, will soon be reached.