Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1893-03-10


layed making their report for almost
year to give the selectmen chance to act
without an order from the court. Last
August, finding that after four years moth
ing had been done, the commissioners filed
their report. The town filed exceptions,
and when the case came before the recent
session of the supreme court for this coun-
ty the petitioners offered to have the case
tried before any number of judges that the
town would agree to- but two OF the judges
were disqualified from sitting, and the case
went over. This road was the most dan
gerous in the county of Windham. The
question is whether the case is to rest upon
technicalities. The petitioners have been
working since 1888 and the road has been
allowed to remain in its dangerous condi-
ton all these years. For five or six years
the railroad has held possession OF the
| highway road Have the true reasons been
given for the action of the selectmen? The
sooner the town does right by the petition
ers the better.
Col. Hooker told how in the beginning
of this controversy, an agreement for the
erection of a high fence had been made,
the railroad to pay oue-half the expense,
but had not been carried out on account
of the developments in the case. He said
that the railroad track was first put in the
road at the request of the late Deacon Es-
tey to accommodate business, and had
been allowed to remain there for the con
venience of the business community in
loading and unloading freight. Col Hook
err then briefly reviewed the case, showing
how the movement to indict the railroad
company had blocked proceedings, and
urged that the matter be left with the Sc
al h. nf lao
court, in order to save expense to the
town, as the cooperation of the railroad
company in building the road ought to be
secured. 1t is no place to try law suit in
town meeting.
J. G. Stafford asked about the removal
of the buildings in the roadway, and Col.
Hooker answered him.
J. L. Martin spoke from his knowledge
as counsel in the case for the selectmen
and the town. If the court so ordered it
would be necessary to build the road with
out the aid of the railroad. There are i'm
portant legal questions as to the right to
remove the houses, as the commissioners
direct. He did not want the town put
where it could not negotiate with the rail-
road company to pay its share of the eX-
pense.
Commander Brown said that he had
heard of trial by jury and by newspaper,
| but never by town meeting, and moved
| that the matter be left with the commits
sioners and the court.
John Hunt appealed to the sense of JUS
tce of the voters that the road ought to be
built, and read the names of the petitioners
to show what the petition represented.
Col. Haskins said the whole question
was whether the case should be taken out
of the courts and the road be built. He
reviewed the history of the case, ''now
getting to be ancient history" and read
from The Phoenix of November, 1891, TO
show the action of the courts commission.
The road has got to be built. Why not
stop technicalities and objections and go
on and build the roadP
Mr.. Martin said it was simply question
of how to get at the matter The road had
got to be built He believed it the better
way to leave it in the hands of the select
| men.
When the vote was taken Mr.. Stoddard's
amendment was lost and Col. Hooker's
original motion prevailed.
other Business Transacted.
1t was voted to appropriate S75 for Me-
mortal day.
DIR. S. 4. LawtOn was chosen a trustee
of the Free library to fill the vacancy caus-
ed by the death OF DIR. Joseph Draper.
The old board Of three trustees were re-
elected to serve for term of three years
A. e. Davenport, l.. X. Fuller, H. d. Hol-
ton.
The usual amount, as recommended by
the trustees-S12OO-wa appropriated for
the support of the Free library.
The vote to exempt the polls of the
members of the Western Engine company
of West Brattleboro was carried without
opposition.
1t was voted to pay the salaries of the
town officers for the past year, in accord
aHce with the bill presented, and to allow
the same rate of compensation for the
coming year.
When the question of exempting the
| pickle factory from taxation for five years
came up it was twice voted on viva vocp.
and both times strong opposition was
| shown. Col. Hooker and f. c. Crosby
then explained the reason for exemption,
| after which the moderator called for a
standing vote. This time there was a
strong vote in favor of exemption, while
hardly more than a half-dozen voted no
most of those who had shouted mo- so
vociferously showing the courage of their
convictions by keeping their seats.
Col. Hooker then introduced this resolu-
ton, which was adopted: ''That under act
No. 81, section24, laws of 1892, the school
directors be authorized to provide for the
education of advanced pupils of school age
in any graded or Incorporated school or
academy in the town.
The meeting then adjourned, the trans
action of business having occupied just an
hour and half
BASE BALL.