Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1893-01-20
AGAIN 1.-THE TROLLEY"

Hon. II. ~. Harris and Judge Shea tOn-
tinue the Discussions Of the Electric
Railroad question.
To The Editor Of the Phgnir;-Once
more | desire to trespass on your space
and patience with some additional sugges-
tions, mostly by way of application and
reioinder, about the proposed trolley road;
and, unless something unforeseen should
come into the discussion, they will be my
final words in print on the subject And |
shall try to express what | have to say in
temperate language that can give no just
cause of offense to anyone seeking the best
solution of the matter in hand, who is not
wholly intolerant of opinions differing from
his own.
Having in my first letter expressly dis
claimed all pretensions to technical and
professional knowledge of the law, ! have
no call to concern myself about the COM
plicated legal problems involved in the mat
ter under consideration. They will doubt
less, at the proper time, be vigorously as
serted and enforced by those competent to
perform that service. SO far as have dis
Cussed legal points at all, | have attempted
to do it from the standpoint of common
sense, to comprehend which requires no
special legal training. From this stand
i
modify, anything | have written. And in
view of the fact that any proposition or act,
however, prepostcrous or repulsiye. readily
finds lawyers to defend it by legal citations
and precedents, so called, ] am very little
disturbed by your array of authorities,
some of which, by the way, appear to sus-
/ tain conclusions quite the opposite OF those
| you approve. Doubtless other and equal
! ly good lawyers will produce other and
more recent and higher decisions to over
| throw them Nothing is absolutely GER
tain about law and legal decisions except
their uncertainty.
My contention was, and is, that the char
ter under which it is proposed to build and
operate the trolley road was clearly not in
tended to be so used: and, further, if il
could be, then it would be equally true
that under il. the Central Vermont Rail
road company can lay down its tracks and
run its trains through the streets of Brat
tleboro: and have found no lawyer who
disputes either of these statements. If the
one can find the authority it seeks under
this charter, so can the other The sim
pie statement of the case shows the rank
absurdity of both claims, and ends all ra-
tiOnal discussion of them. | contend fur
ther, that in purely local enterprise like
this, affecting for good or i'll only citizens
of Brattleboro, the legislature of Vermont
has no equitable, moral or legal right arbi-
trariy to give away the use of our streets
and highways, that have been paid for eX-
clusively by taxes from our own citizens,
to anybody whomsOever: and certainly not
without compensation therefor, and the
formal consent of the citizens and taxpay-
crs of the town, who surely know better
than any legislature what will conduce to
their benefit or injury. But under this
charter if it can be used as claimed, every
street and highway in BrattlebOro may be
seized and used for private gain by half a
dozen persons (havng first secured control
Of the charter, not one of whom is requir-
ed to be even a citizen of the state; and
that, too, even if every citizen of the town
should Indignantly protest against it,.
This is local self-government with a ven
geance. And yet men stand up and assert
that this is law If it be true that this
monstrous doctrine is now law in Vermont,
either by legislative enactment or judicial
decison-which do not for moment be
lieve, too much haste cannot be made to
wipe out this bygone relic of barbarism and
put in its place new and better law, based on
a distinct recognition of equality of rights
and protection for all, and otherwise in
harmony with the humane spirit Of this
generation
l have been greatly amused by the
unique and summary way in which another
local paper las a huge joke, Of course) dis
poses of my contention that charter
granted, cohfessedly with the intent that it
be used in one way, cannot legally be used
in radically different way, 1t gravely
says, in substance, that my argument is
completely demolished, because the legisla-
ture of 1892, when electric roads were not
uncommon, struck out the word ''electric,"
as surplusage, from some bill then under
consideration; therefore it was thus set
tied that the legislature of lSSS--not one
member of which had ever seen or probably
ever heard of trolley road-did "intend'
to charter just that kind of a road Amaz-
ing logic, worthy of the immortal Jack
Bunsby himself. Now let somebody spring
on us this legal axiom 1.-TWO and two
make four, therefore and thus it is settled
that the moon is made of green cheese
The logical force and sequence in the two
propositions are practically the same. OF
course that paper did not deceive itself by
this this sort of reasoning (?) 1t is only
surprising that it should suppose it possible
that its most obtuse reader could be be-
logged by it, The threat of dire and sum
mary punishment Tor all who resist the
misuse of a charter is not at all alarming.
The warning should be needed, rather, by
those aggressing on public and private
rights without full and explicit warrant OF
law. Does not the editors contrasting ref
erence to the householder and the poor
child smack somewhat of personality and
even demagogsm, neither of which ought
to have place in a discussion of this kind ?
Certainly nothing that have written JUS
titles it; for ire underlying spirit of all |
have published has been the defense of
equal rights and protection for all under
the law, the householder and the poor
child alike, and especially that the poorest
and weakest among us should have every
possible safeguard thrown about him and
his, that can be invoked in behalf of the
rich and POWERFUL i'm short, the protec-
ton of the unorganized multitude against
all unlawful and unjust entertainments.
The fetching scheme to haul standard
gauge loaded cars from the depot grounds
to and from the various manufacturing
concerns on Flat, Frost and Birge streets,
N obi