Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1882-12-01
TWENTY-sEVEN YEARS BEFORE THE
COuRTS.

The recently announced settlement Of the
long railroad litigation will he hailed with
joy by every citizen Of this State who takes
an interest in her reputation and prosperity.
The litigation has been curse to the Com
monwealth 1t has absorbed vast sums Of
money to no good end it has hampered tho
full development of the prosperity of our
State and 1t has indirectly been the cause of
bringing our courts and some of our leading
men iuto und, served dsreputc among not
inconsiderable portion of the general public.
1t has been a fruitful source of scandals of
every kind and in every way, shape and
manner it has had tendency highly de-
moralizing. The only class of the COM
munity benefited has been the lawyers,
and, incidentally, the printers To all 9TH
ers there has been nothing but loss, veXation
and trouble The assurance that the end
has at last come, therefore, is welcome news.
In the course of the generation that has
elapsed since the beginning of the litigation
many of the original parlics.to it, plaintiffs
and defendants have passed away
to world where railroads and
railroad lawsuits are unknown. and their
places have been taken by their heirs and de-
visces. Two generations of lawyers have
%axed prosperous out of fees - and
until within few days it seemed pos
sibc that the present tarristcrs might be-
u, La, 10, tlt.ir In tic fnll
ion of legal plums, and they in turn pass it
on to their descendants.
1t was in June, 1865, that the Vermont
and Canada railroad company filed its bill in
chancery, in the Franklin County Court,
which has been the basis of all subsequent
litigation. Most of the Vermont railroads
had n troublous time from the start and,
the Vermont and Canada being unable to
complete its road, it was finished by the Yer
mont Central, which then leased, equipped
and operated it, beginning IN the Fall Of
1850. The Central soon got into financial
trouble, aud in 1852 its entire property was
conveyed to the trustees of the bondholdcrs
the bonds, two million dollars in amount,
having been issued in 1881. On December
list, 1864, default was made in the rent due
the Vermont and Canada company and the
next year that corporation began the now
famous suit against the trustees-wlio at that
time were John Smith, W. Il. Lee and John
$. Eldridge, all of whom died many years
ago. The case dragged along after the usual
r,,l l,,, Il
that the chancellor, Hon. Luke p. Poland
rendered decision. This was adverse to the
petitioners. Judge Poland said, among other
things II am satisfied that the better course
is for the road to be kept in the hands of the
receivers who at this time were John Greg
cry Smith, the late Lawrence Riainerd and
the late Joseph Clark and subject to the con.
troll Of the court. The present receivers
have managed with great prudence
and discretion, and the management of the
property could hardly be changed to new
hands without 1e,riment."
From this decision-or decretal order, TO
give it its technical name-both parties ap-
pealed. The following year came the famous
compromise Decree" and things went along
more or less satisfactorily until nearly dozen
years ago when the wel-remembered crash
came, the receivers obligations went to prot
est, and there was trouble all around. Since
then litigations hearings, Investigations and
all sorts of legal squabbles have been the
order of the day. The dockets of the State
and Federal courts have been crowded with
entries bearing on the matter, and a very
great proportion of the whole law business
of the State has been furnished by these liti-
giants. On the docket of the Chittenden
County Court some of these cases still ling
err the most venerable dating back to 1859.
At last, it would seem, the trouble is ended
and compromise mutually satisfactory has
been reached after these long years of litiga-
ton. The result is contamination which
is matter for public congratulation; and we
hope that ii will be many long year before
any similar litigation shall arise.
prof peter ColIier,s Hobby.