Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-12-11
I DanKS.
8. 226, providing for geological survey;
to general committee.
BARRE CHARTER BILL.

3
to general committee.
BARRE CHARTER BILL
s. IS. amending Barre city charter; fav-
orably reported, with proposals OF amend
ment by the committee. Mr.. Pape of
Barre city made a strong plea for fair
ness and Justice at the hands Of the Leg
islature, for the city he represented in its
effort to secure water supply. for indus
trial and other purposes He denounced
the lobbying tactics OF the opposition to
the bill, and insisted that the words and
such uses are hereby declared to be public"
should not be stricken out at the sugges-
ton of the committee. He based his argu-
ment on the lines Of humanity. and plead
ed that no legislation be INDUCED In that
would interfere with Barrels growth.
Mr.. Bailey Of Newbury spoke In behalf
Of these Orange county towns, Washing
ton, Williamstown and Orange, in each Of
which there was water supply in the
direction of Barre, which seeks to benefit
by this supply. He recommended the en-
tire section In question (section 62) I'M
constitutional and unworthy Of place on
the statute book. He maintained that the
industrial use of water is not public use;
to claim otherwise was almost an mposi-
ton on our intelligence. He hoped the
amendment would be adopted.
Mr.. Clapp of Barre town alluded to GER
tain changes that had been made sur
reptitiously in the bill and explained how
1t had happened that he had once given
his assent. He also discussed the lobby.
maintaining that Barre city had been
fully represented in this department He
held that the pronouncement relative to
public uses was unconstitutional
Mr.. Rider OF Bristol discussed the legal
phase involved in the taking of private
property for public uses. First. it was
| essential to show that the use was a
| Then II is altogether improper to take
water for industrial uses under the rule
of eminent domain. This bill undertakes
| to declare what tho law is, Let the
courts declare what public uses are.
Mr. Pape of Barre maintained that
| Barre did need more water. Water for
polishing in Barre Is moro requisite than
for fire protection. He quoted from the
charter of the Chelsea Aqueduct company
to show that rights to take water for
| industrial purposes have been granted,
| also from other similar charters. a great
deal depends on this vote. AS to the ques-
| ton of constitutionality, Barre will take
care of that. These other towns interest
| ed depend largely on Barre for their
own prosperity He complained that the
proposed charter was too restrictive al
ready.
Mr.. Clapp used an Illustration of a
Rrindstone turned by the brook on the
farm cited by Mr.. Pape to his own ad-
vantage. inasmuch as Barre city sought
| to take away the natural rights of the
| outlying section.
| Mr.. Fish OF Royalton wished to confine
the question to the matter in hand, as to
the charters declaration that the use
asked for is public" use
Mr.. Bailey of Newbury defended the
lobby from Mr.. Pape's aspersons. The
popularity Of members is not at issue. II
ho tct and anal \ q
to incorporate in this charter an amend
ment to the constitution of the State as
to do what,.we are asked
The amendment was agreed to by a vote
of 81 to SIS and the words in question were
struck ont.
on the question OF amending the charter
| so as to except the water in use in othel
towns at the time Of passage of this act
Mr. Pape opposed the amendment, as die
also Mr. Conland of Brattleboro. Mr.
Clapp. Mr.. Bailey and Mr. Rider favore(
the amendment. This amendment wa
disagreed to. 50 to 81.
An amendment allowing any other tow
involved to apply to supreme court 70
relief in case it's need for water suppl.
was greater than that of Barre city wa
favored by Mr.. Battell Of Middle bur,
and opposed by Mr.. Pape. Mr.. Clap
and Mr.. Fish favored the amendment
which vas agreed to. rs to 70.
Mr.. Bailey of Newbury said the objec
tional features of the bill had not beel
eliminated by the amendments and pre-
dicted a veto. on the ground Of unconstitu
tionality. He moved a substitute for tn
disputed Sec. So.
Mr.. Pare denounced the amendment
embodynC the views of Orange county
This amendment Is not favored by tn
committee. 1t is not fair to hash thi
section up and then cast 1t out entirely
Gnh
Mr.. Fletcher Of Cavendish believed 4
sustaining the committee and opposed tn
| amendment.
Mr.. Rider Of Bristol said the amendmer
practically Killed the bill. as it did nc
give right for Industrial uses.
Mr.. OSullivan of ST Adams city oppose
the amendment. though he had favorc
me changes proposed hy the Commute,
He deprecated the tendency OF the sma
towns to exhibit jealousy toward the larg
Towns.
Mr. Abbey of Essex opposed the amend
: meut proposed by the gentleman fror
Newbriry, ard wanted the bill ordered t
third reading just as 1t was
Mr. Bailey spoke further in support c
tho amendment and wanted il voted o
not on personal grounds, not becaus
you love me-" but on constitutions
basis.
/ Mr. Gale of Guilford opposed the amend
nent.
: Mr. Stafford OF Norristown said the CON
mittee on corporations sought to brin
about peace between the opposing fac
tons interested in this bill. He explaine
the action of the committee in suggestin
the amendments and deciding on the hi
+. as 1t was presented. They had he salt
! endcavored to conserve the rights an
interests OF the three Orange count
I towns and the town of Barre.
Mr.. Bailey of Newhury qucriod as I
the satisfaction of the committee wit
= such a bill as this
Mir, Stafford replied that the committs
felt If Barre city wanted such a bill the
Uhe committee) were satisfied to leave Il
corstitutionality of it to the courts.
, Mr.. Dixon of Hardwick spoke In oppos
= ton to the amendment and in behalf
Barre. He thought too much legal couI
r sci had been taken in this matter
The amendment was then disagreed I
and the bill was ordered to third real
ing.
On motion of Mr.. Follensby of Guildha
,l,n ali ,al