davidaulloa/AmericanStories huggingface dataset:
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11

Supreme Court-WatIroad Litigation
9th r Mhtiers.

OAu hdtteFs.
The Supreme urt for franklin county
sonvenes on the 10th nst, and will consist Of
Hon. Jonal han X ss presiding aud Judges
Veazey, Tsft and Rpwell. The docket con.
tains 90 entries. OF these two have previous.
" heard and are with the court" and eve
OF the cases are cha1cery suits. Among the
eases to be heard there is an appeal from the
order Of Chancellor Royce n respect 10 the
preferred creditors of the Trust company,
VIZ, the married women, minors and insane
depositors ia thu dsfunc, institution. Il will
be remembered that the chancellor provided
for the depostors being treated equally, and
virtually decided as vOil The provision Of
the charter referred b.. If Tie Supreme
court affirm the ord rUf tie chancellor in tn.
premises, then Receiver Rich WI doubtless
make payrnen. 10 Dep JsitOi Of ab Jut rs per
cent as first dividend.
The case II State V. Lawrence Brainerd is
also for hearing, and wul test the sutliciency
OF the indictments found against him. The
agreed state of facts upon which the ques-
ton OF suilicicncy OF the indictments rests,
Is In substance this wise; When the grand
jury commenced to consider the case of
Brainerd, one OF the panel was SICK but had
not asked to be excused hence but seven
teen jurors sat on the matter; Of these five
were depositors, aud a their own request
they were excused by th jr fellows and the
foreman from participating in the finding Of
bill. Those twelve did tiul aud return the
indictments against Brainerd sgd his asso.
cate dcllnqusnls. But Of the twelve, one was
the husband Of a woman who was a de-
positor. The court will be sked to say
whether the grand jury, - constituted, was
| legal tribunal and whether The indictments
50 found are valid.
Another step in the closing up Of the long
and disastrous railroad litigation was taken
last week. Ia he fall Of 1882 Messrs. James
NJ. lyle, of BrattIeboro, VIM. ii. Walker Of
Ludlow, and VIM. p. Dillingham; of Water
bury, were appointeI specaI masters to take
tn accounting of the present receivers and
managers from Janu ,rv, 1876. to July. 1888,
(lnclusive). No definite lc ion was taken in
the matter OF this ace uniting until last week.
Before the present receivers anu managers
could be discharged, their accounts must be
settled, and It became important that the
matter should be attended To with iut delay
inasmuch a. hearing will be had before the
court OF cNaucery on the l7th inst. and
among other matters to he heard is the petit
ton OF the present receivers and managers
asking 10 be discharged
Owing To the admirable method of hook
keeping of Audit II L g. Lucas. the sccount-
ing was much facilitated. The books con-
talulng entries sh W v-ry fully to whom
money was plii and what for, aud
refer to The number Of the vouchers
in support of each entry. The DO ks
were all exam n'd ard the vouchers
produced AID numbered by the ma~te's and
testimony was taken upon sucn particular
entries ald vpncherS a. counsel present
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
CESANDALL vs.. LOOMS.
An Interesting Case Decided by the SUI
preme Court.

Among the cases disposedof by the Supreme
court at its recent session in this city WIS
that of Hiram Crandall and wife vs.. Henry
LOOMS. Two and a half years ago Mra
Crandall driving down Pearl street with her
son. one dark night, was thrown into an open
drain (unguarded with lights connecting the
L. G. Dodge house with the sewer and she
was severely injured and hence the suit,
which was for $4,000 damages. Plaintiffs
claimed that Mr.. LOOMS had ordered the
construction of the sewer and was therefore
financially responsible for the result of the
accident. Defendant CLAIMED that he had
merely told Mr.. Grlf1an, the plumber, on be
being questioned by him. that he had no in
terest in the premises and would not order
the work DONE but that if he (Griff1u) were
to do the work he Ohe defendant) would
see that he got his pay The case had full
hearing before Judge Powers as referee and
he reported, at the last term OF county
court, in the defendants favor. Plaintiffs
took the case to the supreme court, and that
tribunal has given the following decision
Ross, j..
The only ground upon which the plaintiff
claims to maintain this action is that the de
PENDANT by his employment of servant fo
The purpose of connecting the drain with a
public sewer was promoter of an unlawful
act and for that reason he is liable on the
facts found by the referee. But we do not
think that the facts so found makes him pro-
moter OF an unlawful act. The sewer was a
public work, built and maintained by the
city authorities of Burlington and upon the
proper application the digging of the con-
Meeting ditch would be a lawful act-that is
if proper application was made to the city
authorities. Whatever defendant did was
simply to promise to pay for work which
was legal if proper authority was obtained
from some QUE The presumption is that it
was to he effected as lawful aud not as an
unlawful act. We think, also, that there was
SO far compliance with the city regulations,
it WAS SO FAR under the care of the street
commissioners after Griffin had made appi-
cation TO the authorities, that if, the work
had been dne with proper care, he
would not have been liable. Mr. Griffin
could not have been prosecuted for the in
jury if the Itch had been properly guarded.
So far as the defendant was concerned, all
he had TO do with the act, was to promise
to pay for the work done in lawful manner,
and the presumption is that it would be
done in that manner.
The judgment of the County Court for the
defendant is affirmed.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11

BALTIMORE, Jan. S.-Thc cold weather has
almost entirely checked navigation on Chesa-
peaKe Bay except for the larger class Of ves-
sells. In the susquehauna the ice is reported
ten inches thick. In Chnptank navigation Is
entirely Distracted. At Cambridge 1000 GER
sons employed IN the oyster packing houses
are thrown out Of employment The Bali.
more harbor is kept open by ice boats, but
the liver and hay are frozen as far down as
Sandy Point, distance OF nearly 80 mica
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
OUR o HOOLs.
The MIN atty aud IN. Remedy.


70 the Editor Of III. Free Press ana Times:
In vlur notice of State Superintendent
DARTS report you come o the very sensible
conclusion that there must he something
wrong somewhere. 1t seems to me that we
need not look long nor far to find 1t. The
fundame. tai wrong lies with the people
themselves. The fathers, mothers, guar
dams, taxpayers, all are most reprehsnsbly
delinquent upon thi. one subject will
take OUT own town Of Milton ~ an illustrs
ton Of the matter for the whole State. We
are still operating under the old system es-
tablished long ago; that is, we are divided
up into some fifteen or more districts, each
havug its school house such as they built in
| the Olden time. The same sruetures are
| Tor the most part in use still True, some OF
| hem may have been new-vamped, but are
substantially the same. Built close upon the
| highway, there is not one OF these dis riots
that owns u siu.le square yard OF gronnd for
purposes Of exercise, promenade or pas
time. If the youth are to have any pas
time at all, they must lind it in
the street, very much to the annoyance
not to say hazard of themselves
aud the travelling public. This is the rule
1
eredilable graded school, that is provided
| with good house, grounds and enclosure
| Now, starting on such a basis, we go on year
| after year running dozen or more schools
| after the fashion following The districts
| at their annual meeting provide for about
thre5 terms of eight weeks each in the year,
| at a cost on an average of about IS 80 per
| week for teachers board included. The dis
trict after having elected its officers and
voted the supplies, leaves the rest entirely
with the prudential committee tie bargains
with the teacher as to length of tern, when
it shall begin, the price per week and place
to board, aud then in turn no leaves all the
rest to the teacher. At the appointed day
the teacher repairs to the school ROOM or
games the school, aud runs it through to the
end without interference, suggestion, coun-
sci, enc 'urag ament or recognition, save per-
haps one or two brief visits from the super
fundamentally neglected by everyone
living in the district supposed to be interest
ed in the welfare of the school. Day after
day the teacher calls her little charge to
order and feels thqt she is not only M march
of all she surveys" but "Out Of human
ity's reach. Now, Mr.. Editor, do not single
out Mit N rs being b-hind hand in its duty
upon this matter. | think We compare favor
ably with other towns of the State OF equal
populaliDn In all other matters save this
one our pc Dple are not licking In spirit or
enterprise Bat on this topic there is no use
of minciug words If we say any hing, let
us be truthful. Our public schools are not
what they should he. They cost far more
than they are worth But | cast NJ refec
ton upon the teachers. Thy d. more aud
do it better Than we have any right to expect
If til IN un.ier the circumstances, nor will
YOU be able to improve matters very much
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
,Is ASY DIVORCE.
High Divorce Raic in the Rural CGun-
ties,

Rev. S. w. Dixie in accommodation to the
w T,.9,o. ur,i,, finn ,,ro,,tior IF q
A. ~. I's''' SIG
Divorce ket'rm As'ocla'lon Ia mat o'a'e
says: II find myself inclined to make less
relatively of the evil, arising from the con-
s. 10 ,o.roI c,a,os
ii'c'''1 u'' rec laws ~ ''o ''A'0'
than most others uo' In Sc evils are very
great and deserve earnest consideration. But
f,cr ,,,,ob c,rarn, inouir t,e mast three vears
,,..,.',,', H., :. o,
on thls sPec'sl PH"' III ON lu9i'i 10 'eaoh'
| ed thatthe percentage of divorces obtained by
| other than actual residents OF the country IS
very snlall, except n the great cities. l think
| that this is tr,e OF New England, ana prob
ably of other sta'es except In the extreme
West. The testimony is almost unanimous
from rural counties in New England ana
| those contalring only smaller cities, that
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
Cold Weather u
Barre

The cold snap continues at Barre without
material abatement. Monday at noon the
mercury was at ~ below zero. At 8 p. m.
it had risen to zero, but at p. IN. was 1C
below, a. OPP. m. 90 below, at "a. m. % be
low, at which point it remained until after
sunrise A. 10 Tuesday morning it is IA be-
low. The cold is very penetrating and has
got into the houses with more apparent pres
encc than on Sunday, when the atmosphere
was clear and crisp.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
Water for lew York City.

New YORK, Jan S.-The Ramapo In
provement company have submitted pro
posals to construct az aqueduot from the
counties of RocklanG and Orange to the
northern line of the city and deliver there a
daily supply # not less than so 900, 900 gal
Ions Of pure and wholesome water at an
elevation of 800 feet above the mean tide
level, the aqneduct to be built without cost
to the city and to he completed within two
years from the date of the conlrac. The
only condition required is that the city shall
pay for every milton gallons the sa ne rate
paid in 1892 for the Crotpn system.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
An Appropriate Hymn.

A misery old fellow, who always wore
the same threadbarc suit from one ear to the
other, recently died in town in the eastern
part Of the State, and the towa authorize,
levied on his strong box, and got him up q
hIst-class funeral. But the solemni,y of the
occasion was rather married, when me choh
which had been hired to do the singing stood
up and warbed the gospel hymn, Slowing
the Seed 1t was appropriate enough buI
not altogether in good taste.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
The 81, Jcseph society.

The st. Joseph society at its annual meet
ing Thursday night elected the following
officers for the ensuing year President, D.
Beausolcil first vice-president, JOSEPH
Leveille second vice-presdent, Charlie.
Lafontaine; secretary, Joseph Cartier as
sistsnt secretary, Remi Chapdelane CORES
ponding secretary D. Il. Beausoleil treas
urer, A. Nantel collector, +. X Thibeaut
assistant collector, Damase Limogc mar.
shal, o. Proulx assistant marshal, A. Nor.
man examining committee, Pierre Hebert
John Cormicr, Joseph Pichet,e Joseph Vezi
ms, Marcel Lacroix.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11

Conductor" said passenger on the
Addison road. as tho west-bound train puffed
slowly away from Orwell station, the other
day, 81 saw thunde,ing big snail on the
track back there at Leicester Junction. You
don't s'pose there's any danger of his running
over US, do you ?"
"Was he travelling this way ?" asked
Conductor Whitney, excitedly.
"Yes, he was travelling like d sinar,
too"
We'll, then, its all right j. exclaimed Con
ductor W. with sigh OF relief. They'll
have the draw closed after him before we
get along"
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
accident on The ST. sohn.bury toad

The saloon car Of a freight train on the
st. Johnshury and Lake Champlain railroad
was thrown from the track by the breaking
OF rail while going through the Jones
bridge, at Wolcott, Monday morning Be-
fore the mixed train following could b.
hagged, 1t had rushed against the saloon cal
with great force, although the engine haC
been reversed. The engine broke through
the bridge into the river. The fireman hurt
his leg in jumping. Passengers were carried
by the wreck Yesterday.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
The -. Jean Baptistc Society.

This society at its annual meeting elected
the following officers Rev. j. NJ Cloarec,
chaplain; Leon II, Beaupre, president; L.
P. GrouX, vice-president; F. x. Joachim,
second vce-president; Joseph |. Cote, .ecre.
tarY; Il. n Duval assistant secretary A.
II. st. Peter, corrtsp 'nhing secretary F.
Lable qIe, treasurer; D. Charboneau, col
lscor; n. Drrait assistant; o. Lamora,
marsha; A. l.. LHeureux, assistant marshal
G. B-auprc, cashier; o. Llvallc, G. Courcie
T. Barsolo, c. Berninr, |, Paticrcp, cxumin-
ng committee.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
Frozen TO Death,

NV York, Jao. s.-Charles W light and
q man pamed Turcolt left Cayloa, n. Y,
for Ganauoqu. Thursday across the ST.
Lawrence. Wright has been found frozen
to death on the ice in Cuumn-s b1v. Tur-
colt man iged O get to p, house, Tut 1t is be-
lieved he can not rerlver
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
Church Burned.

About 1880 o'clock Sunday afternoon fire
was discovered issuing from the roof and
side walls of the Episcopal church, on
SOUTH Main street, Ticonderega. The church
was totally Destroyed Loss 5000; insur
auce on building aud contents, $4,000 The
fire is supposed to have caught from heat
ing pipe.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
The State OfVradc.

The business failures of last week number
for the United States $40, and for Canada
and the Provinces 90, or a total If 34S, prob
ably the largest number of commercial cas-
uaties ever reported in q similar period.
The total for last week was only ass. The
increase is still mainly in the West and
South, but New York city shows a larger
number of assignments than have been noted
for some months.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
Killed by the Cars,

Sias Bearnout, of North Royalton, while
walking on the railroad track near Royalton,
Wednesday, was struck by the engine of the
limited express south and almost instantly
killed. lie was a well known and much re.
specteh cltiz"n Of the town His age was
about 70 years.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
Ihe 1IOnlrcal Carnival

MONTREAL, Jan. THE winter ice carni,
val here begins February Attn. The ice palace
towers and walls are already 20 feet high,
the building being twice the 9ze of last
years. A speca feature will b. the trottlng
on the ice Some of the fastest horses on the
continent are promised.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11

AUsUsTA, Ga, Jan. 8.-The question of
fences or no fences WIS passed npon to-day
by the voters Of Richmond county. The
majority Tor aboishing teuc,s in the county
was 900. Public sentiment ia Georgia "a
glowing in favor Of doing away with fences
on farms
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11

LEXINGTON, Ky, Jan. 8.-A train was
thrown from the track on the coal road at
Olive Hill to-day. p. NJ. Cunningham, the
superintendent, was killed aud Chas. Bach
man WAS severely injured.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
Fire at saltwater.

BIT. PAUL, Jan. 8.-Information is recelv.
cd IRON Saltwater that the prison yards of
the state pentcntiary were burning. The
YARDS include the immense building OF the
Northwestern Manufacturing company and
car works
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
Ihe Good Templars.

The annual session of the Grand Lodge,
Independent Order of Good Tempars, will
be held in ST. Johnsbury the 10th and 18th
OF the present month.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11

WICHITA, Kas., Jan. s-Every saloon 10
the city, over 80 in number, was closed to-day
by concerted action. The keepers have gone
out Of the business permanently.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
".sOs'Gn On CuR>a.'

Ask for wcus dough on Cores l5c. Quick
complete, permanent cure, Cor -, wars bunions.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11

RAYNUAM, MASS, Aug. II, 1873.
CT Hoop & Co.; Gentlemen
have had rngworm humOr and salt-rheum
so badly that my body was covered with raw
sores; so, also, my head and face: i nave
had any number Of doctors in the last seven
wears, and none of them could cure me. one
day my mother was in the city of Taunton,
and found one Of your cook books, and IN
reading 1t found many people testitylng TO
Olive Ointment. l Ielt forced to ny 1t;
although had seen many things advertised
that never did me any good. ! have now
Sarsaparlla. and used three boxes OF ONT
ment. i now call myself cured. Nothing
can be seen Of the humor but the din out
bottles, and then the cure will be complete.
] am gratefully yours, y
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
CROUCH ON CHS"
AOOD'S gARSAPARlLLA

Knocks Cough or Cold eHdwlse, For children
or adults Trochcs, l5c. Liquid. soc At 4 rngg Il
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1884-01-11
B;oovoro, Hymor and Salt Rheun1.

Works through the blood, regulating, toning
and inyigoratipg all the functions OF the
body.
, 1884-01-05
Game Law.

1t would be as well for the people
of this part Of the territory to bear in
mind very important fact that the
late legislative body passed strin-
gent game law, for the purpose of
protecting all spetie of game from
total annihiIation, which would fol-
low If the thoughtless sportsman
was permitted to slaughter game at
his own sweet will. The following
provisions Of the bill will interest
hunters just now:
The new game law provides that
"every person who shall, within the
Territory of Washington, between
the fst day Of January and the 18th
day Of August of each year, for any
purpose, take, kill, injure or destroy,
or have in possession, sell or offer for
sale, any prairie chickens or sage
hens, shall be guilty Of a misdemean-
or" Another section makes it a
misdemeanor to kill or have in pos
session any grouse, pheasant, or part.
ridge, between the LIST Of January
and the lst Of August. The penalty
is fine or imprisonment or both.
, 1884-01-05

WE see by the Portland Standard
that D. p. Jenkins, of this city, is a
candidate for Governor of the Terri
tory, his claims being advanced and
advocated by his friends. Now,
while we have not the pleasure Of
a personal acquaintance with Mr..
jenkins, we have heard of him fire.
quently, and would have no ohjec-
tion to seeing him secure the guber-
material chair, the fact of his being a
resident of Spokane Falls being
sufficient to awaken our hearty sup
port. If we are correctly informed,
Mr.. J. is in every particular fully
qualified for an office of the kind,
and it would be about as good Il
thing as could happen were he to be
chosen for the office.
, 1884-01-05

The followlngis a list Of letters remaining
uncalled for in the PostOfiice atspokane Falls
Han Z
, 1884-01-05

This town is extremely fortunate
in the possession Of two newspapers,
the Chronicle and REVIEW, conduct
ed by representative men who un-
derstand thoroughly what is de
manded Of live newspaper, and are
satisfying that demand in busy,
bustling, growing Spokane Falls.
The Chronicle, owned and edited by
Mr.. COwley, is the oldest of the
newspapers, and is firmly rooted and
grounded here. The REVIEW is in
the first year of its existence, but
under the able management of Mr..
Dallam, bids fair TO occupy a posi-
tiOn in the popular esteem equally
as advanced as its friendly competi-
tor.
, 1884-01-05
Dissolution Notice.

SPOKANE FALLS, Jan. l, 1884,
The co-partnership heretofore existing be-
tween Baxter 4 Benson Is this day by mutual
consent dissolved, and all persons knowing
themselves indebted to the said firm Of Bax-
ter a Benson are Teque ted to call and settle
at once. Money receivfa and Teceip cd for
by either party. p. +. BAXTER,
A. BENSON.
The business will he continued at the old
stand under the firm name Of
BAXTER & LEE.
, 1884-01-05

From one of our valuable eX-
changes, the Missoula Times, we
have the following item of interest,
that indicates that Trout Creek, IA
station on the Northern Pacific rail
road east of Heron Siding, is bound
to cut figure in the mining excite
ment now before the public: "FrOm
the railroad station at Trout Creek
to the foot Of the mountains the trail
is finished, and frequent communi-
cations are made with camp at the
latter piece. A gang of men who
are working on the trail are stationed
there, and provisions are carried in
on pack animals, or upon some sort
of a sled dragged behind. The trip
between Eagle City and this camp is
made on snow shoes. Personsgoing
in can see the smoke at Eagle City
soon after getting over the divide.
After reaching the summit and cross
ing a short space of nearly level
ground the descent is made on a
smooth ridge that extends to the vi
cinity of the mines. Several men
are now working on the trail and
perfecting it as fast as possible, 1t
is likely that the route will be kept
open the remainder of the winter, as
tho road from Trout Craak IN tho
, 1884-01-05

THE Republican National COnven-
tlon is to be held in Chicago on June
Sd. A campaign never opened
where everything looked so favora-
bic to the success of that party as it
does this year. All factions are
united and all former splits cement
ed. II the convention only acts
wisely and picks ont men for the
head of the ticket in whom the peo-
pie can place confidence, the result
of the election of 1884 will certainly
be a Republican victory.
, 1884-01-05
SATURDAY, JAN. 8, 1884.

The Medical Lake Press is thing
Of the past as far as the name is
concerned, the present proprietor
having had the name changed to the
Banner. Under the present admin
istration the paper has improved
considerably, and we hope it will
prove more profitable than ever to
the proprietor.
, 1884-01-05
Notice to rhe Public

THE BOOKS AND ACCOUNTS OF THE
late firm Of II. ]. Brown & Co. have been
placed in my hands for collection by the
creditors, for which the undersigned has the
documents. All persons knowing themselves
indebted TO the tirm will plensc settle the
same. r. l.. SWARTS.