Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-10-29


Senator Field nterrognred the committee and wa
replied to by Senator Pembcr.
on motion of Senator Stafford the hill was order
ed to lie and he made the special order Of Wenes
day morning at II o'clock
Adjourned
uoUSE-FoRENooN.
FRIDAY, Oct. D. 1Ss0.
Mr. Smith Of St JOhnsbury presented the memo
rial Of Ex-Governor Horace Fairbanks, made at the
request of the association of Congressional
churches of Vermont asking for legislation so as 10
| prevent the running OF railroad trains on sun
| day which memorial. together with the accom-
! panying resolution, was referred 10 the Committee
| on Railroads.
| Bills Introduced BY Mr.. Adams of Brighton To
repeal the acts OF ls.6 and ISIS. regulating TO the
practice of medicine and surgery This actprovides
that any nonresident person who has not received
| a diploma from regular medical college shall OBJ
tain 4 certificate of competency from some board OF
consors in the state, before he shall be permitted
TO practice medicine or surgery.l To General Com
mittec.
BY Mr. Pierce of SALISBURY, TO pre-. ai:; the set
! :i3s ct woods and forests Furnishing per-
| son convicted of so doing with fine not exceed
ing 81 00O and by Imprisonment in State prison not
exceeding three years, and If set on Sunday the ne
shall not b. less than 500, nor the Imprisonment BE-
| less than one year TO judiciary Committee
BY Mr.. Brainard Of ST. Adams, TO amend sec. 10,
chap 81. e. relating TO levy of execution. so as
| 20 exemp: from attachment, etc, one horse. one
buggy wagon or carriage, one harness and one
sleigh kepl and used by physicians in their practice,
|
sicians, of certain property used in farming eX-
einpted by said statute 10 Judiciary Committee.
Mr.. Page of Rutland called from the table the
report OF the Committee Elections in The Claren-
don He said that the committee had left 1t 10 the
House 10 say whether there should he an inves,iga
ton not II seemed 10 HIM that this question was Of
| considerable Importance 10 the State. The ~ sec
ton of the constitution provides that the people
should have right to assemble together and appeal
| 10 the Legislature for redress from grievances
Here the remOnstrance is by 1852 voters of the town
| of Clarendon, who think they have grievance and
they should be heard. Mr. Page read the remon-
/ STRANGE to the House which WAS based the claim
that there no legal election and said the reInon-
strants offer TO prove this lllegaty 10 the Lessla
ture. II seemed 10 him that technical objection
| should stand In the way OF an Investigation. He
| inierrogatcd the Committee on Elections whether
there was any hearing before the committee On The
| part of the reronsiranfs.
| Mr.. Juievine, on behalf Of the committee, said
there had been no hearing but the remonstranti had
made Il statement OF what they desired TO prove.
| MIR. Page inquired If the counsel for the remOn-
| strants did not present 10 the committee Il state
ment Of facts which, If true. would make the cleo
Illegal one, aud SAID that the election Of Mr.
| Potter, the sitting member, not known till the
| Monday before the Legislature sat, and that Mr..
Potter himself, when asked had often said that he
| was not elected.
| Mr.. Judevine said that statement had been read
/ 10 them.
| Mr.. Page then argued from the facts presented
10y the remOnsrants that the election Of Mr.. Potter
was illegal, and rCcted the circumstances In which
| this proceeding defective. He claimed that
| there had been no proclamation OF an election
! made and the citizens Of Clarendon did not know
that any claim that Mr.. Potter hal been elected
made He cited the Richmond contested election
case of ISL. There the contestants had neglected
To comply with the statutory fOrinates As 10 notice
of contest. etc, Just these rcinOnstrants had,
Yet the Legislature took an equitable view OF the
matter heard the contestants case, and finally I'M
seated the returned member. lie moved thai the
resolution reported by the committee, he ordered
10 lie.
Mr. Palmer of Jrrich explained the reasons which
which acjuaied the committee in making their re-
port. The committee understood that the election
NJ hot fh.V
were unanimous that there had been NO action on
the part of any of the rcnonsrants that complied
with the Provisions of the statute in regard 20
notice to The returned member taking testimony.
etc. The committee, therefore, determined 10 leave
the question of ordering investigation 10 the
House, IN which the power OF un-eatIng rests.
There was question in the minds Of the commit
tee rs 10 whether they were authorized 10 lnvesti-
gate the case without a special order from the
House 10.
The resolution reported by the committee was
ordered 10 lie.
Mr.. Page Offered the following resolution: RE
solved That the report be recommltied 10 the COM
mlttee on Elections, with instructions 10 proceed 10
investigate and report forthwith 10 the House,
whether the facts charged 10y the remonsranis in
the case are true, and whether the SAID Noel Potter
IL entitled 10 seat in this House, and that the COM
mittee he authorized TO subpoena witnesses. anu
send for all papers Necessary TO ascertain and de
termine these facts" lie read from the journal OF
the House of ls5l, IN the Richmond case, In order
to show that The House had formerly taken the
matter ui investigation into ITS own hands. and
had unsoated the returned member On equitable
N-,i,, ,5sJii3.io-. va agreed to.
ISIS, ai 70 MAKE ~ -"e NJ in inc eSanina
tcu of persons charged with a cti-., hey,nI The
jurisdiction OF justices OF the peace the co-I
lie paid 10y the state when the complaint signed
hy ihe States Attorney and hy the town when the
complaint signed 10y the grand juror. came from
the Senate. with proposal of amendment which
abolsnes The 81 see oil Is,s altogether, and leaves
the law II Is III the general statutes, which pro-
yides that the STATE shall pay everything.
Mr.. Thompson explained the purpose of the hill
which was introduced 10y himself. lie SAID that II
towns hli 10 foot the bills for town grand Jurors
complaints these officials would he less likely to
multiply complaints, and the costs would be much
lighter. The act OF l,5s provided that the State
should pay the cost, If the respondent was bound
up and If he WAS not there was no way of collect
ing the COSTS, either from the State or the town.
THIS was an inducrmcnt 10 justices 10 bind up IN
nurcut persons Tor the sikc Of getting their pay.
Mr.. llmckley oil Chelsea explained the necessity
of the passage VI II. ID. on the ground that would
prevent injustice ami fraud lhe act OF ls., thOugl
good offered Il premium on binding up, since on
town grand jurors complaint the Justice could NOT
get any fees unless he bound the respondent up.
IL 10 provides that the town shall foot the bills
every town grand jurors complaint for a crime eX
ceedin. the jurisdiction Of the justice, whether the
man Is bound up or not.
On being put 10 u vote, the House refused To coa
cur IN the senaie's proposal oi amendment.
Adjourned.
HOUSE-AFTERNOON.
From General Comm ttee. by Mr.. Doui. adverse
ly 10 H. o. 10 amend the dog law OF 1s,6, 50 as 10
provide that the treasurer of any city or town NAV
bring action Of tort against the owner or Keeper
OF dog causing or doing damage 10 sheep. lambs
or other dumb animals FOR the henent OF The cHy
or town third reading refused.
BlS, etc, introduced ctc.-By Mr.. Taft OF Bur-
nsiOn, 10 regulate The Practice OF dentistry pro-
vlding that no person shall he permitted TO practice
dentistry for Zee or reward unless he Obtains GER
! ilrcIte from the proper board and providing FOR
penalties 10 General Committee.
ly Mr.. BLttcll of MidIe!,ury. IN amendment Of
chap lis, Z. s., providing that apoihecarie5 and
other persons who sell posons shall keeps record
nf fhp tlf rtI # stl.s In soil
and providing penalty for each neglect Of nnc
not exceeding : Oco, o. Icy Imprisonment not more
! than one year to General Committee.
By Mr. Thompson ui lrIsbuig. to abolish counsel
fees piId To counsel iur assisting States Attorneys
or 10 defend respondents; - judiciary Committee.
BY Mr. Briggs OF Brandon. 10 abolish the office OF
Court Auditors aud Ia provide that their duties b..
performed hy the State Aniiior; 10 Judiciary Com
Iniitce.
Mr. lIinGlcy of chelsea moved To reconsider the
vote, tins mprnlns, aiJp,ns the rcsOlut On of Mr..
Page of Rutland, IN regard 10 the Clarendon con
tested election C.i~e.
Mr.. Page trusted thr House woull not reconsider
this question without good reasons and he called
upon those who desired II 10 state the reasons.
Mr. Butier1eli said that Il large number desired
the reconsideration 81 as 10 maze an amendment
That he understood that the PARTIES willing I"
pay the expenses ami he thought II they were Will
Ing the State ought nj gIi'upissy 10 put any more
money into II.
After long debate the motion to reconsider was
l put ani carried.
Mr. Smith of 81. JUhnsbury hoped that the reson-
| ton would he left unameairI. The committee was
composed of dscreei men, who could bc trusted to
/ conduct the investigation without putting the State
| 10 too great expense.
Mr.. Harvey OF Topsham sni that for the number
Of witnesses required the expense 10 the State would
not he less than 81 .OO9 lie lid believe that the
House waitedtn charge the state with any such eN-
pcuSc.
Mr.. Howe OF Ludlow moved 10 amend the resuu
/ iiOn by striking ont the words 'Suhpuna wit
nesses." lie thought the expense couldn he sal
died upon the State, II The committee had no power
/ 10 summon witnesses.
Mr.. Page o: Rutland said that the committee could
/ limit the number of witnesses To he summoned Al
I the cost of the State. No parties could bring as
many witnesses as they wanted TO- Ills interest in
] The subject was caused Icy the Intimate relations
there were between i;u,aud and Clarendon. nnd by
his wish to fair play Tor the remonsirants. He
I hoped the amendment would nnt prevail.
I MIR. Gront OF Newport MIR. Howe OF Ludlow hIv-
/ ing Withdrawn hls motion To amend, by unanimous
CONSENT moved that the House consider rs vote nf
[ the forenoon, whereby the House rejected the
amendment proposed hy Mr. Harvey Of TOps'iam
which provided that the committee shoui moi lnycs-
] tigatr the contest at the expense Of the state.
Alter long debate Mr.. Page called for count.
The motion 10 reconsider was lost by a vote uf ,
yeas 10 ~ nays.
The stale Printing Mir. Page Of Rutland. III he
half Of the committee On final adjournment, SAIL
that the committee had investigated the causes oi
The DELAY IN the publication e" the biennial reports
of The STATE officers (Which were now In realines,l
aud the Information which they had received ~ Ia
the causes uf delay had led The committee To ASK
leave To- i.trudurc I ncN hill, relating Ia STAT"
printing aud siaiinlcfv. The hlll was read twlcr
and ordered Ia lie, ant she usual number OF copies
which are included IA The hiS ior State printing
hy the net uf ls,S, court dnckctS, including blank
dprkets Tor the Judges aud clerks. Jury calendars
aud new entry duck,tS. II provides that til" ''ot
crnor pr Gnvcrnnt-tr,i may procure the printing
ot his message To The General Assembly
to a uuInhrr not oNrrc ling l0@ copies
Of such person hr may deem proper
IT the prcr docs not ,xcced the con
tract wic. PAID by the STATE. II nN"s the sue
ut The pages m Tue House a1l Senate bills, leg
i~litiVr directory, address essays. reports OF leg
i-ltiNr committees court dn'kct. etc. al g.. inchc-
IA length and 4 . IN width. The type used IN The
journals anj laws shall hr long primer lratSd WIFE
SIN TO pea leads IN the reading matter ui the Stat,
officers rcputS. rcgistruiNc report. AMI the report
at the state Superintendent ui EiucIilon; the trt
shall hr small pea l"Iiri with three 10 pea leads
and The type iur III" tahl'l ut sad rcoiti shall be
long primer Splid (hdli Titles being excluded ; hu
such rcpnTtS and extracts from authors occurring
m the body ui report. shall he SET III nohparril
aud all documents shall be- sci IN as compact form
as the pagc VIII admit without unnecessary blank
space. Tue Till makes important changes IN REGARD
10 the prompt delivery Oi "rutn on the phl, "i I'M
State officers II Is made the du's OF each STATE
officer 10 have Ms report IA readiness ana deposited
Al Ia fu, Sas.r, L,tA Al ttI