Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1883-03-09


special meeting, it was not fully attended by
the voters Of tho town, and that they ought
now to have au opportunity to vote squareiy
upon the question
Their third position was promptly met by
Col. Estey, who, though not lawyer is thor
oughly conversant with this whole subject,
and has the intelligence to comprehend and
understand what the opponents could not, or
wilfully and stubbornly were determined not
TO-, see and understand He most successfully.
in few pungent and well.timed remarks.
demonstrated that under the provisions of the
charter a road could not be constructed from
here TO South Vernon except the road be built
from Brattleboro as far west as the village of
Wilmington that the firm which he repre-
sents certainly had as great an interest in hav-
ing another southern outlet as any other bust
ness firm or set Of men, and that the building
of the road from here to Wilmington was the
only way such a southern road could, under
the charter, be obtained that instead of
operating AZ an estoppel, such action on the
part of the company in building westerly
would make the building Of a road southerly
possible.
In regard to their first position, which had
reference to the use Of a checklist, / hatter
myself that l demonstrated certainly to the
satisfaction Of Mr.. E1dy-that under the pro.
visions OF Chapter 6 Of the Revised Laws.
having reference to the use of a check list in
freemeH'S meetings and in voting for presi-
dental electors and members of Congress. and
Sec. 2GjG relative to the use Of such list in
t0ioH meetings, the law makes no provision or
requirement for the use of check. list in vot-
ing-ouly in the election of officers. This
position, so earnestly advocated by Mr. Eddy
at first, was certainly abandoned for upon
the question then pending aud upon all sub.
spUyaUt uUHstI0ua voted n pp m r,f a
mand was made that it be done by the check.
list.
Again, If the law requires the check list to
be used in voting upon such questions, aud
for that reason the votes of Feb 81 were all
illegal. what was the need of resembling at all Z
If the act OF the town was illegal in its incep.
ton, no subsequent net OF the taxpayers
could make it biudluP, But there was no il.
legality about It AZ all, aud the opposition
well knew II, The attempt to make liz vot-
ers believe otherwise was 1 cannot dignity 1t
by the term special pleading"-it was pure
and unadulterated pettifoggiug
The friends of the road had no controversy
with their opponents upon the second posi-
ton taken, tor the reason that this was naith-
er the proper time uor place: that was a prop.
or subject, and was tie subject under discus.
sion, at the meeting of Feb. B. We contented
ourselves with endeayoriug to show the voters
that the question whether it was advisable ID
aid said road was not and could not be
legitimately or legally brought before this
meeting for action; that it was settled by
the vote of Feb. Sd, and that to that settle
meut the town had become irrevocably bound
by the written assent Of the tax payers duly
certified to by the commissioners and record
ed as the law directs and that az to their
fourth position, that the special meeting was
not as fully attended rs this and they wanted
an opportunity to vote upon the question
when they had JUH attendance, it was sim
ply child's play. We contended that the
meeting Of Feb. 3 was as fully attended by
the voters as was this, as had been more than
once demonstrated by the ballots taken for
town officers that, the vote granting aid
having been perfected in all its details, the
only proper thing now to do was to dismiss
each of the three articles to resciud that
made the motion to dismiss in the interest of
the good name fame aud reputation of the
town; that the question of resembling those
votes ought not TO be entertained or insisted
upon; to do so was but an act of spiteful.
ness aud foOllshness, of which they would in
the end feel ashamed that it was an attem ut
to belittle and degrade the town in the esti-
nation Of our sister towns, who are deeply
interested in this enterprise Of having a rail
road. 1t would in effect be saying to them (:
We don't want anything to do with you we
desire to live by ourselves and to be let alone
The vote was taken on the motion to dis
miss, there being $50 votes cast-just four
more than were cast at the special meeting of
Feb. 3d-and there were Pol in favor aud 334
votes against so the meeting refused to dis
miss the article vote was then taken upon
the motion to rescind the vote. At this time
| requested the friends of the road to with
hold their votes not deemlng it expedient or
proper to participate in or vote upon a ques.
ton already settled and to which the town
had become bound beyond the power of this
meeting to undo or render nugatory The
opponents made a second grand rally, and the
vote was announced as follows: 30 in favor
and % against. The other two votes of the
meeting of Feb. Sd were declared rescinded
| by ripd rOce vote.
l ought in fairness to here state that quite
a number of friends Of the road who would
have voted not to rescind, voted not to dis.
miss the article upon the ground that they
| thought 1t fair that the opponents should
/ have an opportunity TO vote upon the ques-
/ ton in the way they demanded. 1t will be
| observed that upon the vote to rescnd the
| opponents polled but five more votes than
I were cast against the proposition to aid Feb
/ Sd, and lacked % of q majority of all the
/ votes cast upon the question of dismissal.
And l ought to say further that large num-
/ Der of the friends of the road did not attend
the meeting at all, believing that after the
vote of the town had become perfected in the
manner herein detailed, no one would demand
vote upon the question of resembling, but
/ that the articles in the warrant would be dis
missed without opposition
/ 1t will be observed that have in this arti-
Gle used the terms friends" and opponents"
of the railroad. Every sensible man knows
that this railroad can never be built without
the aid of the towns lying along the route /;
! therefore, however much any man may pro-
fess to be friend of the enterprise if he
| opposes and resists adopting the only means
that can be used to bring it to a successful
| completion, he is in fact an opponent of the
road and cannot be regarded otherwise.
remark made by Mr.. Davenport of the
ReformeT, while the vote TO rescind was being
! taken, shows the whole dRiI1us of the oppo-
| sltlon and the end sought to be accomplished
| 1t was stated that the votes to resond could
have no legal effect upon the action of the
town heretofore taken he remarked that he
would like to see the town attempt to float its
bonds in the face of the vote of the town re-
scinding their former votes.
The question will naturally be asked Will
| the commissioners subscribe the amount of
the capital stock voted to be taken? | have
| had no communication with them since town
meeting and cannot answer for them. That
they ought to have subscribed for said stock
under the provisions of Sec. 27G7 Revised
Laws above cited, "as soon as the assent was
given and recorded, is too plain for argu-
ment That it was their duty to do so cannot
| be denied. Should the other towns along the
| proposed route do their whole duty in voting
the necessary aid, as they ought, no friend OF
the road need have any fear about this town.
Should our commissioners refuse TO do their
plain duty as pointed out by the statute-and
l have no evidence as yet that they will-there
is a short and summary process sometimes
issued by the courts) by which contumacious
or weak backed officials are compelled to do
their duty; and there are friends of the road
who possess the energy and will to push this
matter to the extent that it shall not be said
the action of Brattleboro defeated this enter
prise and turned the business of these other
towns into other channels for all time to come.
1t is possible that the lawsuits the Rev. Mr..
Grout wished SO much TO avoid may be brought
upon the town through and in consequence of
the conduct of the opponents of tine road yes
terday,
Speaking of the inability of the town to
float its bonds, in view of the action of the
town yesterday, l am fully authorized to say
that responsible parties, Who within the last
twenty-four hours have been made fully cog
I = IL IL