Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1882-12-01

Colbuln, Crane, Cutting, Darit, Estsy,
Fletcher, Goodwin, Howard, Ide, Jones,
Martin, Mcintosh, Page, Perkins, Read,
Wall, Walker, Witcomb-24.
Nays-Senators Bingham, Gilmore, 1lo-
gan, Kclton, Tcmpleton-5.
Not voiipg-Sena,or Bralnerd OF frank
lin.
1t came back to the rouse substantially
unchanged. The principal amendments pro-
posed by the Senate art as follows In the
second section, relating to The salary of the
commissioner, provision is made that no &C.
count shall be allowed for clerk hire, fuel
lights or rents in section provision is
made that the returns in February shall be
for'the year terminating Dec. 81 next pre-
ceding the clause limiting the time of returns
to the first ten days of February and August
is strickcn out wherever it occurs, allowing
returns to be made at any time during the
month the clause making special time for
the railroad companies in section five in
cudcs property excepted from taxation in
savings banks, etc. in sections 10 and 10,
the amount of individual deposits in excess
of $1,000 each listed to depositors in towns
of the State eliminate "accumualiuns" of
trust companies" and Savings banks and
trust companies" from list of taxable prop
erty in section 80 excludes taxes asst ssed
hy county judges from provisions OF section;
in section %, providing that listers hcleiiter
Shall omit from the last quddrenniil Assess
ment all real estate mentioned in section ~,
and in section Al, substituting section 36l
OF revised laws for section 1853. Senator
Hogan made an able aud eloquent speech
against the equity and constitulionalily ol
the bill, which the majority did not venture
to answer, contentlng themselves with vol-
ing the bill through.
The Fish and Game Law.
The vote of last evening, refusing the pas
sage of the fish and game bill was reconsld-
cred in the House, this morning The yea
and nay vote stood 1903 to 10S, and the
Speaker gave casting vote in the afiirma-
tive. 1t was the flr,t tie of the session.
Sections five, six AMI seven were then struck
out and the bill was then passed in concur
renee with proposals of amendment by a vote
Of 81 to 80. The main provisions OF the bill
the prevention of the destruction Of the fish
ing in Lake Champlain are left intact. IT
enforced it will do a great deal of good.
Railroad CommissIOncr.
The JOINT assembly reelected Mr.. Wayne
Bailey of Rutland, railroad commissioner by
a vote of 1879 to 60 for Senator Charles d..
Brainerd of Danville, 81 for John Bailey of
Wells River and several scattering. Mr..
Bailey has performed the duties of the Of
flee very acceptably, and deserved the com
piment of reelection.
Amending the Judevinc Bill.
The last part Of the forenoon, in, the
House, and the first part of the afternoon
w.ra epont IL, ,ho discussion of II 1877 iIr
bill introduced by Mr.. Munson for the gen.
cral committee, amending the highway bill.
1t was ably advocated by Mr.. Munson and
after sharp debate was passed by yea and
nay vote of 100 to l0G. The only amend
mcnt carried was the striking out of the
clause providing that towns shall be liable
in damages for tho insuiliciency of high
ways for the want of suitable guards or
barriers upon the margins thereof in places
of especial danger The bill is so important
that give it in full 1t will be the high
way law for the next two years.
Sec. /. Section 3ioi OF the revised laws is here
| by amended so as to read as follows:
Whenever highway or bridge in any count,
shall he out OF repair or unsafe for travel, AMI
| three citizens or taxpayers in the State may CIV,
notice Of such insuiiciency to one of the seectmci
| OF the town In which said highway or bridge II
| situated, by writing duly signcd, setting forth II
general terms the location OF such highway OF
| bridge and the nature Of such insunciency and /
such town shall neglect for thirty-siX hours there
| after to commence work upon said highway OF
| bridge, or shalt afterwar fail to continue such
work in good faith and with reasonable despatch
until such highway or bridge is put in good and
sufficient repair. SAID citizens or taxpayers may nj,
with one Of the road commissioners for the COUNTY
in which said highway or bridge is situated a com
plant in writing, setting forth in general terms IN,
| location OF said highway or bridge and the nature
of the insullciency complained Of and stating tina
they have personally examined said highway Of
bridge, which complaint shall he signed and sworr
to by said complainants and have attached thereto
certificate Of such oath and said complaints shall
also give said commissioner security by deposit u
otherwise for the costs of proceedings under salt
complaint. Whereupon the commissioner receiv
ing said complaint and deposit or other securlt,
shall forthwith notify one OF the selecmcn of sucl
town, and also one or more OF the persons film.
said complaint, of the time and place when an'
where said board of commissioners will meet To
the examination OF said highway or bridge AMI 70
hearing upon said complaint; in pursuance o
which notice said commissioners or u majority q
them shall examine said highway or bridge, IN
hear all parties Interested as TO the condition
said highway or bridge, and the repairs nccessar
to make said highway or bridge safe and convent
ent for public travel, and the amount required 70
sand repairs. And II after such examination AN
. hearing SAID commissioners shall he OF the opinlo
that SAID highway or bridge is out OF repair or u
safe for travel they shall determine what repair,
rebuilding or new constructions are nece ssary ,au
shall Xix the amount required therefor and the
shall make written report Of their findings white
report shall contain full description of the repair
or constructions by them determined upon, and
statement of the amount equired therefor, an
snail conclude with an order requiring said town I
make such repairs or constructions WITHIN sue
reasonable time as they shall determine upDi
which time shall not exceed thirty days, unless /
the opinion of said commissioners 1t Is lmpractct
BILE 10 complete said work in that time. And sal
commissioners shall forthwith ie said report /
The ONCE Of the county clerk Of the county IN whc
SAID highway or bridge Is situated, and deliver
copy OF said report to one OF the Sc ectmen of sal
town and said re port shall he tnal an cOnclusy
as To the necessary repairs and the amount requ
ct therefor
Sec g. Section $40? of the revised laws is her,
by amended SO as to read as follows:
n II shall be the duty of SAIL commissioners, wili
out further complaint, to ascertain II their order
s complied with by SAID town. and If said town sha
fan to do the work ordered by SAID commissioner
u within the time limited therefor, said commission
II ers shall forthwith appoint an agent to cxpend nj
= On said road the amount liked III their report ia
ing from him sufficient bond 70 secure the fait
- ful performance of his duties, and shall Nle in Il
Z oncc SAID county clerk certificate. stating tn
e their order has not been complied with and III
:. Judgment should be entered up against said tow
r Tor tue amount named IN their report AMI giyll
! the name OF the person appointed as their agent
:. eXprnd said amount anu SAID clerk shall thcreu
y on enter up Judgment In favor OF said commission
, crs against sad town for the amount named
. sad report with costs, and shall issue execute
g therefor returnable in thirty days from the date
V sad Judgment, In which execution the officer CO
n lectng the same shall be directed to pay Il
" amount OF SAID Judgment to the agent appointed
u said commissioners, and the costs to the c0un
s clerk.
Sec, s. Sections 3lO3 and aiO5 of the revised IA
- ave hereby repealed.
r. sec 4, Section 3lll of the revised laws is here
Z amended as to read so as follows
n This act shall not release towns from liability
~ damages arising from the insufciency of Al
s. bridge, cuyert or sluice or from the insufcien
r, OF any highway for the want of suitable guards
r. barriers upon the margins thereof in places of
e: pecia danger. II special damage happens to p,
n son, his team, carriage or OF err property, by mea
IT, OF the lnsunciency or want OF repairs OF any bride
H. culvert or suce, or OF any highway In the respt
H. above mentioned, which the town is liable TO he
y IN repair, the person sustaining the damage III
rs recover the same In an action on the case AMI
u, the damages accrue in consequence OF the insu
OF ency or waut of repairs of a bridge erected a
T. maintained by two or more towns the action sh
IL lie brought against all the towns liable for the
ry na RI nj he came and the iau, vea and coats sh