The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1903-05-14
BENJAMIN FRANKLIN FIFIELD.

The Ariel, the annual publication
of the junior class of the University
of Vermont, contains an interesting
sketch of the ancestry, life and career
of that eminent son of Montpelier,
Benjamin Franklin Fifield, prepared
by Hon. G.. G.. Benedict of Burling-
ton. Mr.. Fiield is an alumnus Of the
University and one of its trustees.
Blood tells. On the maternal side
Mr.. Fiheld is descended from the
Adamses of Massachusetts,. His pa
ternal grandfather was an officer in
the Revolutionary War and was the
second man over the intrenchments at
the battle of Bennington. A paternal
relative commanded regiment in
active service in the war of 1912.
People of this locality, where his
youth was spent, where his career has
been run and high and brilliant pro-
fessional honors and triumphs have
been garnered, do not need to be adj
vised of the details and incidents of
Mr.. Fifields life. These are part
of the history and the pride Of the
city. His quality as a lawyer-hav-
ing finished his professional studies
and been admitted to the bar-could
not be better stated than to say that
he was admitted to the law firm of
Peck and Colby, with whom he had
studied, and at the dissolution of that
firm that he became the partner of
Lucius B. Peck, without peer in his
times in the higher ranks of his pro-
fession. Mr.. Peck was, in himself
alone, court of last resort, so clear
and true were his legal opinions and
Judgments Young Fifeld was
partner after his own heart.
In a graphic way the writer of the
sketch details the leading incidents of
Mr.. Fifeld's professional and public
life. Mr.. Benedict's statement of the
beginning and the course of his legal
services for the Central Vermont Rail
way is worth quoting without abridge-
ment:
In 1869 he became the counsel and
confidential adviser of the Vermont
Central Railroad Company, and Of the
receivers of that company, which re-
lation to that company and its success
sor, the Central Vermont Railroad
Company, continued to March, 1899.
Out of the receivership of the YER
mont Central, commencing in 1872, the
issuance of various classes of bonds
and the floating of an enormous debt,
,,ruvIinp Inual nnnctinnC
in respect to the priority of liens. and
the relations of the Vermont and
Canada road to the Central Vermont.
Mr. Fifeld asked at first for associate
counsel, but in 1878, after few legal
battles, the managers placed the
whole responsibility upon him as
leading counsel, which he successfully
carried until the litigation came to an
end in 1888 During this litle alton
every manner of expedient known to
chancery law was resorted to, requir-
ing on the part of the counsel of the
road thorough knowledge of equity,
constitutional law and chancery prac-
tice, both in the State and Federal
courts. The case in different forms
went to the Supreme Court three times
before final decision was reached,
and in each of these suits Mr.. Fifield
had the entire preparation OF the case
and made the principal argument.
While these suits were pending in the
State courts, the management was as
sailed in the United States circuit
court by a multitude of suits in
equity, involving questions of conflict
ing jurisdiction between the State and
Federal courts, and other points of
great variety and novelty These
were ably defended by Nj. Fifeld;
and he was finally sustained by the
courts on all the substantial questions
involved. In 1887, he made an elabo-
rate argument before the United
States Interstate Commerce Commits
son involving the construction of the
interstate commerce act. Although
then overruled as to the principal
point made, this point has since been
sustained by decision of the United
States court of appeals.
Mr.. Fifield is one of the few, if not the
only man, who has had the hardihood to
decline a United States senatorship
-proffered him by Gov Smith to
succeed the eminent and lamented
Morrill,. The reasons impelling him
to this distinguishing act of self alb
negation reflect the highest credit on
Mr.. Fifeld as man of tender and
delicate sensibilities sternly waving
aside ambitions highest prize.
AS young attorney, as counsel in
the warning times of the Central YER
mont railway litigation, as United
States district attorney, and Represent
alive of his town in the General AS
sembly, as the stump speaker who