Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1904-09-01

ladies who are as yet unwilling to drive
out for fear Of meeting automobiles.
Bethel is one OF the growing towns Of
the state. Ii has men Of energy and pluck
who have overcome many obstacles and
punches of encouragement to the end that
i the town is now unquestionably started
/ on the road to great prosperity. North
| field knows how good 1t seems to grow and
welcomes Bethel to the excepting everlast-
] ingly at it" CIRCLE Mortified News.
! Capt. Luke Bowen Fairbanks, former
! Bethel boy, OF Austin, Mimi, is visiting
relatives IN town, stopping with his eous-
| in, Mrs. c. +. Waldo. He attended the G..
A. X. encampment at Boston, the Fair
banks reunion at Dedham, Mass, visited
! his brother, Charles,a at ClRremont and " i'll
also visit the scenes OF his childhood
around town, which he has not seen for 10
years.
Nelson j. Whitehnl OF White River
Junction, the Windsor county school ex-
aminer recently appointed by Gov. Nc
| Cullough to fill the vacancy caused by the
resignation of II. Dressed, Jr, conducted a
two days examination here Friday and
Saturday Of last week. The candidates
taking the examination were Miss Alice
Brownell of Royalton, Miss Alice Chedel
of Gaysville and Misses Lucy and Mary
Moore OF Sharon.
Next Saturday afternoon, Sept. Sd, is
the date set for the last meeting OF the
board of civil authority to revise the check
list. No one will be entitled to vote at the
election next week whose name is not on
the check list. For the convenience OF
parties, lists have been left in the post
office on which il has been asked that
names be entered OF those who wished to
vote and whose names were not on the list
But it is not sufficient to have the name
written on this list in the postofice, A
person whose name is not on the regular
check list as printed and desirous OF vot-
ing this fall should personally meet the
board OF civil authority and qualify.
Close OF the Land Damage Litigation.
Judge Hoyt Wheeler handed down
decision August 18th in the u. S. circuit
court which appears to end the so-called
land damage cases, being claims against
the White River Railroad Co. for land
taken by the railroad and not paid for.
At the time the railroad obtained a new
charter in 1902, arrangements were made
by which bond was given, securing the
payment of the preferred class OF these
claims. A portion of the decision OF Judge |
Wheeler reads as follows:-
sit is objected that the proceeding is |
irregular, and it would be so but for the |
provisions OF the bond that covers the sub |
ject which would be within the jurisdic- |
this proceeding seems to be substituted by |
stipulation OF the parties as shown by the |
bond and the agreement upon commits |
sioners. In this view the rights OF the |
several claimants to have their claims |
passed upon appear.
Their rights to preference depend upon
their claims upon the property itself to |
secure payment. They each had a right |
TO insist upon payment or tender of the |
damages before letting the land go for the
road; II they did not insist, but let the |
land go, and trusted the company for the
pay, the land would be gone and they
would have the debt OF the company for
IT, McAuley vs.. Western X. X. Co., 80 VT.
31l Troy and Boston X. r. Co VS.. Potter.
" Vt. 265; Kittell VS.. Misssquoi r. r., IS
Vt. SO. In each case, the question Is
whether that land owner trusted the rail-
road company for the land by acauies-
cence in the taking of it for the road
payment, or the company was a
-respasser upon the rights OF the land
owner as they existed or should accrue.
Where the land owners trusted the rail-
'oad company for the land damages, the
,lalm, however ascertained in amount
became common debt. As to all the
claims except those particularly men.
Toned, the findings of the commissioners
how such express consent or clear acaui-
'seence as . leave nothing preferred, but
Judge Wheeler then specifically takes
Up few of the cases and states the reasons
Why each is preferred or not preferred
md closes as follows:-
upon these views, the damages in No.
/, Mannix's, s25, No. A, Morses', 5000, No.
y, Taggart's, $50, No. 10, Steeles. 500.
No. II, Gays, FOO, appear aud are Judged
o be due as preferred claims above unse-
ured debts of the railroad company. q
report accepted and decree for claimants I
1annix's for SIS, Morses' for 5000, Tag 1
arts for $50, Steele's for 800 and GAYS
or 300, respectively, as preferred claims.
HoYT II. WHEELER, Judge"
This IS the total amount of claims to be
ealized from under the decision.