Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-02-27


laws of 1865, p. 293) an act was passed au
thorizing towns on the line Of the West Riv
er railroad to aid in its construction, and de
filming the conditions and methods unde
which such aid might be granted In 1856!
laws Of 1869, p. 1880 an act was passed au
thorizing the company to extend its lin,
through the town of Vernon to the Massachu
sets line. In 1872 laws of 1872, p. 800 al
act was passed extending the time for begin
ming, constructing and completing the road
for period of ten years. In 1874 laws oil
1874, p. 242) an act was passed amending
the company's charter so that the road might
pass through the town Of Brookine. In 1876
laws Of lS7G, F. 279) final amendment
was passed by the Legislature changing the
name of the West River Railroad company To
the Brattleboro and Whitehall Railroad com.
pany. extending all acts and provisions rela.
tive to the company for term of six years.
and authorizing the company to extend its
railroad through the towns of Londonderry.
Winhall, Laudgrove, Peru, etc. to White
hall, n. Y. Towns were authorized to aid in
the construction of this road under the gen.
eral railroad law, and the towns of Jamaica,
Townshend, and Newfane were authorized
by the act to transfer, ratify and confirm"
to the Brattleboro and Whitehall Railroad
company the aid voted by them to the West
River Railroad company.
From this statement of the history of the
road from its inception, which an examina-
ton of the statutes will show TO be complete
and correct, it will be seen that the Brattle
boro and Whitehall Railroad company is
neither more nor less than the original West
River Railroad company of 1867, with pro-
vision allowing the road to be extended to
the Massachusetts line on the one hand or 10
the New York line on the other. About such
extension there is nothing compulsory The
law simply says that the road ndy be so ex
| tended at either end, if desired This fact
does away entirely with the pretext that there
is no law permitting the construction of
road between Brattleboro and Londonderry.
but only between Brattleboro and Whitehall
As well might it be urged that, to be legal
the road must 90 through to the MassacLu
sets line.
And now as to the specific connection of
the town Of Brattleboro with the Brattleboro
and Whitehall railroad company At meet
ing of the town of Brattleboro held April a.
1877, it was voted
LIST, That the town of Brattleboro will aid
in the construction of the Brattleboro and
Whitehall railroad.
2d, That the amount of such aid is hereby
fixed at fifty thousand dollars, and shall be
furnished by subscription to the capital stock
of said railroad company said subscription
70 L.. IL -, H.
commissioners hereafter to be appointed
ID, That Farley Starr. S. n. Herrick and
}. NJ. Tyler are hereby appointed commits
sioners to carry the foregoing votes of aid to
said railroad into effect, according to the pro-
visions of an act entitled IAN act to enable
towns and cities to aid in the construction of
railroads." passed by the Legislature of this
State, November, 1872 and to enable said
commissioners TO pay for said fifty thousand
dollars of stock they are hereby authorized to
borrow the sum of fifty thousand dollars in
the name and on the credit of said town.
which sum shall be paid by said town as fol-
lows The interest and five thousand dollars
of the principal in one year from the time
said sum is borrowed, and the interest and
five thousand dollars of the principal annual
ly thereafter till the whole sum is paid.
Such, in detail, was the action Of the town
in 1871. During that year it was found TO be
impracticable for the company to avail itself
of the privilege of going through to White
hall, and at town meeting held Feb. IL,
1878, this vote was passed
Ro,olr'd, That the Railroad Commissioners
of this town are hereby authorized and in
structed to subscribe the fifty thousand dol |
lars, which was voted by the town on the nth |
day Of April A. d. 1877, to aid the Brattle- |
boro and Whitehall Railroad company to con- |
struct two-feet gauge railroad from Brattle- |
boro to South Londonderry, Pr0cidtd that |
said subscription shall be made upon the ex |
press condition that it shall not be binding |
until at least two hundred thousand dollars |
$500, 600 shall have been J0Aa tide sub |
scribed, nor until the directors of said railroad |
company shall have entered into a written
contract with responsible parties to construct |
and equip said railroad from said Brattleboro
to said South Londonderry for an amount of
cash not exceeding the total amount of the
subscriptions, and such an amount of bonds
and stock as may be agreed upon between
the contracting parties.
The vote of 1877 was simply to laid in the
construction of the Brattleboro and White
hall railroad with nothing said about the
width of that railroad, and the vote of 1878
said in effect that that road might even be a
two-feet gauge road, if no wider one could be
built. Further than this, the terms of the
vote were absolute and imperative in author
izing and 6istrUcting the railroad commits
sioners to subscribe the money in aid of the
road, when certain terms had been complied
with.
In due time the directors of the road,
through their executive committee, made it
hot fbaca -, |
S2OO,O 600 of stock subscriptions and a con-
tract with responsible parties had been com
piled with, and the commissioners, having
obeyed the instructions of the town in regard
to subscribing for the stock were obliged by
the laws of the State to pay the assessments
as levied by the directors IT, after the di-
rectors had given this notice, the commits
sioners had neglected or refused to pay the
Chap. %, Sec. 10 of the Gener-
al Statutes of Vermont shows to what penalty
they would have subjected the town:
IF any stakeholder shall neglect to pay
his assessments, for the space of 30 days, af-
ter notice from the treasurer, the directors
may order the treasurer, after giving notice
Of the sale, to sell such shares at public auc-
lion to the highest bidder, and the same shall |
be accordingly transferred to the purchaser
and if the shares of any delinquent stock
holder shall not sell for a sum sufficient TO |
pay his assessment with interest and charges
If sale, he shall be held liable to the corpora
ion for any deficiency"
Under this law, in default of the action of
he commissioners, the town could and would
nave been compelled to pay every dollar of
is assessments, with no end of legal costs
added.
One point more If, at any time, there
vas any question as to the terms of the vote
If the town having been complied with, any