Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1883-11-23
Brattleboro & Bennington Railroad.


To He Honorable tile Supreme court Of III,
State If Vermont,
- Come Julius }. Estcy, Edward Crosby, George j
BROOKS H. ". Clarke, VIM. W. Lynde, Francis Good
nue., Geo W. Hooker, Geo. y. CrOwel, Barna A. Clark
VIM. 4. Richardson, b. n. Chamberlain I, j. b. Cud.
worth, M. 7. Van Doom, Charles +. Thompson Alou.
~ sIaraeyi y; l. Hawley, Henry f. Smith, Wells s.
FROST waiter ii. Chllds aud Leroy +. Adams, all resi-
dent citizens and taxpayers OF Brattleboro IA tho
county OF Windham and state Of Vermont together
with eight hundred aud niney-hve other tax-payers
OF said Brattleboro in the county Of Wndham afore.
Haldi VINO bring this petition for themselves and for
anu - Oehat oil the town Of Brateboro In said
W OF Mindham aud respectfully show unto your Hon
ors that the General Assembly OF the state of Vermont
az the annual session thereof held at Montpelier Ia
tue year 1897 passed an act entitled IAN act to ncor-
porate the Brattleboro h bennington railroad Com
pany approved Now II, A. ID. 1892 to which said act
your peoners crave leave to refer when necessary,
anu hereby MAKE the same part Of this petition.
ANA your petitioners further show that in said act
OF incorporation certain persons, to wit (uamng thcm)
Worenamed as commissioners to receive subscriptions
to the capital stock Of said corporation who after
notice and in pursuance Of the provisions of said act
opened books Of subscription therefor; that more
than one hundred shares Of the capital stock Of said
corporation was subscribed for-to wit, one hundred
ana seventy-one shares that thereupon said commits
soners gave notice required by the provisions of
ing the OrganzatiOn).
And your petitioners further show that many of your
peloners, being owners Of real estate in said town
OF Bratteboro, and nearly all engaged in some bust
ness occupation or enterprise therein, and believing
that II would be for their pecuniary interest and
for the general welfare and future prosperity Of
the town of Brateboro that said town should render
pecuaty AID IN the construction Of said railroad
proNueu ny law that towns may do, and IL especially
provided for in Sec Of said act of Incorporation they
instituted measures to have meeting Of the legal yot
es OF the town Of Brattleboro called for the purpose
Vi bteIng whether said town would aid in the con-
struction Of said railroad.
Aud your petitioners further show that prior to the
lvth day OF January, A. D. 1888, an application in
writing was made to the seectmen Of said town Of
brattleboro by more than ten legal voters Of said
town. requesting said seectmeu to call meeting of
tue legal voters oil said of Hratllpbprp
said town would vote to aid in the of sad
Brauleooro Bennington railroad and If 10, in what
way and to what amount; and also to choose three
commissioners Of said town to carry such votes into
enect' That pursuant to said application, and within
ten Jays from the presentation of the Same 10 the
ecmen aforesaid meeting of the legal voters Of said
town OF Brattleboru was duly warned by the select
men OF said town. 10 be held at the usual place Of
noulnB town meetings in said town, by posting the
notices required by Jaw; which said notices were in
ihG words and figures following, that is to say;
tHere the warrant for the special town meeting Is
set FORTH and also the several resolutions PASSED At
f66,OOO).
And your petitioners further show that the said Par
ley starr George s. Dowey and Levi X. Fuller, COM
missioners appointed by said town as aforesaid ac-
GePted said appointment and on the Sd day Of
February A. D. 1888, personally appeared before Kit
redge Haskins, notary public within and for the
county Of Wndham aforesaid, and soyeraly made
oath that they would faithfully execute tho Office of
commissioners within aud for said town Of Brattle-
boro under said appointment Of the vote Of said town
according 70 law which oath Of the said Farley Starr
as aforesaid duly recorded in the town clerks Of
nee OF said town Of Brateboro in the records there
And your petitioners further show that tho said
Farley starr George S. Dowey and Levi X. Fuller
commissioners as Aforesaid, resident taxpayers
Of said town Of Brattcboro at the time of their sail
appointment, and that they since have been and
are now resident taxp payers Of said town OF Br,tte
ooro that they were elected and appointed to said Of
nee OF commissioners as aforesaid for the reason
that each and every one Of them had repeatedly eY
pressed themselves as being earnestly in favor ~ the
construction Of said railroad aud believed with your
saiu petitioners, that the building Of said railroad
would result IN great benet and advantage to all the
material interests Of said town Of Brateboro aud the
lhnAoltants thereof, aud that said town ought by
vote, to render aid IN the construction Of said rail
road and your petitioners verify believed that the
said Farley Starr, George s. Dowey aud Levi X Ful.
ler elected and appointed commissioners aforesad
would promptly and faithfully discharge all the duties
ApperAning to their said appointment, as was then
ana mere and Is now provided by law. That the
OF s1ty-si1 thousand dollars sG6 600 20 voted in aid
OF said railroad was less than eight times the grand
list OF said town Of Butteboro, aud fact was less
town. ''''
And your petitioners further show that books of As
sent were duly prepared in each Of which the afore
said votes Of said town fully and ut large set
FORTH and in which the taxpayers of said town might
hBn thtlr names asserting % said votes and wherein
the grand list Of each person signing said might
be annexed to bis name. That said books after re-.
citing said votes and the action Of said town as here
nbefore set forth, contained the following WRITE en- as
seut 10 said votes Erecting the form of assent
And your petitioners aver that on and prior to the
80 day Of March, A. D. 1888 majority Of the tax
payers oil said town Of BraulebOru, both in number
and amount Of grand list of said town for the wear
1882 assented to said votes by signing their names
with their respective grand lists annexed To said writ
ten assent upon the books aforesaid: that the COM
missiouers aforesaid duly certified to said votes and
written assent Of said taxpayers aforesaid aud de-
posted the same together with said books Of assent
Tor record In the office Of the town clerk Of said town
OF BraitleborO, on the 80 day Of March A. d. 1898:
that said certificate So by said commissioners made
ana deposited as Aforesaid, was IN the words aud tg
ures following, that to say Erecting the certhcate
And your petitioners further that the aforesaid
votes OF said town. and the written Of the tax
payers thereto, with the amount Of their respective
grand lists annexed together with the aforesaid
thcate Of said commissioners were duly recorded AT
length by William 5. Newton, the town clerk OF said
town of Brattleboro in the records Of said town on
the Sd day of March A. d. 1898; and that duly GER
tined copy OF said votes, and the certificate of the
said commissioners Of the to the same by the
required majority Of the taxpayers Of said n
geher with the certificate OF the town clerk Of said
BrattleDoro that the same were duly recorded In his
Office were recorded in the office Of the secretary Of
state OF said state of Vermont the 5th day March
A. D. 1883, as was then and there and is required
by law
The petition next sets forth the ceedings Of last
March meeting, by which the town iuded its for
mer vote granting aid 10 said road.)
And your petitioners further aver that the said Par
ley Starr, Geo S. Dowey aud Levi k.Fuller commits
sioners as aforesaid neglected and before the 9th
day of March, A. D., 1888, TO carry into effect the
votes Of said town passed at said special meeting Of
February Sd, A. D. 1888 in subscribing the capital
stock Of said Brattleboro Bennington railroad rom
pointment as Aforesaid, and as directed by your
petitioners, the town Of Bratleboro, whose agents
sai1 commissioners were, and now are. And that
they have ever since neglected and refused and still
do neglect and refuse to subscribe said sxy-s1 thou
sand dollars for aud in behalf Of said town Of Brat
teboro 10 the capital stock Of said railroad company
and further carry into effect the votes OF said town as
Aforesaid under aud by virtue Of their said appoint
ment, though requested so to do.
Aud your petitioners further show that the Goth
day of July A. D., 1888, special request signed by
large number OF your petitioners and tax payers Of
HrlttlrhuFl. tod al fb4 aatN n.rIa
Starr, Geo. Dowley aud Levi X. Fuller commissioners
as aforesaid requesting them, the said commission
ere, to perform their duty and proceed to make sub
scrptiun for and In behalf Of said town to the capital
stock OF said Railroad Company and to further carry
into effect the votes of said town, under their said ap
pOintment aud these said commissioners refused In
writing to make such subscription which said report
in writing and Is in the words and figures follow
ing, viz:
Edward Crosby, Esq, and others taxpayers OF
BrattlebOro, VT Dear Sir: We hereby acknuw ledge
the receipt Of the within request together with pre-
sentation of the capital stock subscription book of
said company, but under the advice OF counsel we re-
specially decline to make said subscription.
nr.ft 1alAn IttIt