The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1893-05-05
sExJUNCTIoN.
FULL HISTORY OF THE ORIGIN OF THE
FAMOUS NUISANCE.

railroad functions in America is treated
at length in L. e. ChiUtenden's Person
al "Reminiscences" thus:
There is is no term in American lexi-
geography the mention of which raises
the Indignation of so many travellers to a
white heat as Essex Junction" The
reason for this will hereafter abundant
ly appear. As had some connection
with its monstrous birth and thorough
knowledge of its earlier growth, perhaps
a sketch of its history may be, in some
sense, a duty.
Away back in the early '40s two lines
of railroad from Boston were constructed
pari passu toward Burlington, com
mercial terminus. We may call them
the Rutland and the Central No
one then supposed that they would ex-
tend farther West, for Lake Champlain
was thought to interpOse an impossible
barrier. Later, and before either road
was constructed to its terminus, the
Vermont and Canada was chartered
from Burlington north to the Canada
line, and this road was leased to and be-
came permanently identified with the
Central. Still later an application was
made to the Legislature in the name of
the Vermont and Canada to bridge Lake
Champlain at Rouse's Point so as to Sc
cure an upbroken line toward the West.
Then commenced contest famous in
the Legislative annals of Vermont. The
Rutland, supported by the towns south
and west of It's line, supposed it could
stay the progress of the railroad west
ward. Burlington, ambitious to become
a railroad terminus on the lake, took an
active part in the contest. The bridge
nnnncn1 m fVpnnnHc which t,n ~
seem absurdly untenable. 1t was
claimed and proved by experts that the
bridge would obstruct navigation, that it
would raise the water and overflow the
lowlands along the lake shores, and that
great public and private damage would
inevitably follow its construction.
But the Central won and the bridge
was authorized. Then the Rutland
wanted to participate in its advantages
and after another fierce contest in the
Legislature, it procured an amendment
of it's charter which authorized it to
build au extension from Burlington north
to Rouses Point.
There was a Lawyer who, by indorsing
for friend, had at that time become in
terested in a paper mill at Hubbell' S
Falls, near the present Essex Junction.
We will call his name Jacob. He lived
at StantOn's tavern, a hosiery on the
river road convenient to the Falls. He
was diminutive creature, about four
and half feet high, with an enormous
head, which contained cunning and mis-
chief enough to stock the Third House
or fit out the students of a university.
He was employed by the Central as coun-
sci to prevent The construction of the
Rutland railroad north of Burlington,
and he entered upon his work con amore.
He discovered and forthwith purchased
the services of one Stevens, who lived in
Essex and who was an original subscrib-
or for five shares of the capital stock of
the Rutland Railroad Company, not then
worth the same number of coppers. The
Rutland was about to make new issue
of bonds secured by mortgage of its en-
tire line, with the proceeds of which it
intended to build from Burlington to
Rouse's Point. As unexpected as thun-
der from clear sky Jacob came down
upon it with an action in favor of Ste
vens for an injunction against the build
ing of the extension, on the grounds that
the extension was infraction of his
(StevensO vested rigets as stakeholder
in railroad the terminus of which was
at Burlington.
Jacobs motion for preliminary in
junction came on to be heard before
Judge Milo L. Bennett at Burlington
judge whom no inducement could swerve
one hairs breath from his judicial duty.
No lawsuit had ever risen in Vermont
which caused greater excitement. The
leading lawyers from the southern and
western portions of the State were pres
ent a. the hearing. They protested at
the outrage of permitting traitor to the
Rutland Company, who had sold himself
to the enemy and whose paltry five
shares of stock were worthless, to OBJ
struct great public enterprise in which
three-fourths of the State were interested.
Capitalists from Boston whose money
had built the Rutland railroad offered an
enormous price for the Stevens shares.
Everything that legal ability and ingenu-
ity could devise was done to resist the
granting of that motion. But Jacob
was infexibe. He appeared alone, with
out associate counsel. He wasn't sell
ing shares then" he said. "Some other
day, perhaps; but just then he was after
an injunction"
And he got his injunction. In spite OF
all the opposition his motion was granted.
In the opinion of an intlexibls Judge he
was entitled to it, and it was not with
held. may as well say here that that
injunction was never dissolved, and the
railroad was never built north of Bur-
lington. The excitement was so unreas-
oning that it took the form of personal
hostility to Judge Bennett because he
did not find some way of defeating orde-
nying the motion. At the next session
of the Legislature his reelection was de-
feated. 1t was the first time in Yer
mont that judge was opposed because
he had made or not made q decision
which the public wanted. Before the
year had passed the Vermonters were
ashamed of their conduct.
Judge Bennett was restored to the Su-
preme bench by the unanimous vote of
the Legislature, and remained there by
annual reelection until he died.
And this mischief making attorney
made another discovery of what al
ways regarded as an intended fraud. 1t
is that, while the charter of the Vermont
and Canada road connected with the
Rutland in the village of Burlington, it
had the option to connect with the Cen
trail at some point in the county of Chit
tenden. Very soon the report was cur
rent that on account of the steep grades
Of the line into Burlington from the
north and east the engineers were pros
pecting for line to connect the Yer
mont and Canada with the Central
somewhere in Essex. Even then it was
not believed that any needless injury to
Burlington was contemplated Burlinp- |