The Barre daily times. (Barre, Vt.) 1897-1959, 1905-05-10
BUMACHIE JOB .
LAID TO THE TIMES
Attorney Hoar Thinks This Paper Be
fuddled the Paving Assessment
Decision and MisIed
Readers.

RCduCAos
10 the Editor of the Times: | no
ticed in your paper Of May 9Th in great,
glaring, gloating headlines that the city's
contention in the famous paving case,
was sustained.
Why did you attempt to be-fog, be-
fuddle and misIead your readers by pub
fishing such an articles Now | want
you TO publish this article in the north
easterly corner, on the first page, OF
your paper, in the same spot and place
that YOU published the other, SO that
the people may know the truth
The supreme court held that the pro-
ceedings of the city council, the actions
Of the street commissioners, to make it
short, everything which the city and its
officials did, from the beginning to the
end. was absolutely null and void, and
of no binding force whatsoever on the
abutters The Court held that il was
so absolutely void that it did not even
create lien on the property of the
abutting land owners.
l further notice what you say with
reference to the constituti0nality. The
court held that the whole matter was
so invalid that it was not even nee
lessary to discuss the constitutional ques-
tion. In other words every point in
yolved in the case, with reference to
the merits of the case, was decided in
favor of the abutters, and now Mr..
Editor, if You or the law department
of the City of Barre, can find one grain
Of satisfaction III that opinion, for
heavens sake, please publish it. II you
can find that the court sustained the
city council in any of the preliminary
steps leading up to the assessment, as
well as the levying and the attempt
to collect the same, please publish it..
| But / beg of you to publish it just
as it is.
The only point that the city won
was that equity was not the proper
remedy, because the assessment was so
utterly void it did not create any cloud
owners. But when you consider that,
| it is point in favor Of the abutters,
because if the actions Of the city coun-
ell we're legal, it would create lien,
and it could then collect the assess
ments. But, however, when you look
at it in another light, the City did not
even win point, because it was con-
ceded by the solicitor for both parties
that equity was doubtful remedy, but
| that 1t was such remedy that we
could obtain a speedy trial without great
expense to the city or TO the abutters
1 and att same time have the merits
of Y tase decided upon, as you will
see by the agreement which the solicitor
/ for the orators. otherwise called the
abutters, and the solicitor for the City,
signed, which is as follows:
AGREEMENT.
aIn order to speedily settle all
questions involved in the above en-
A titled cause, it is hereby stipulated
and agreed BY and between the ora
tors and the defendants in said
cause, that said cause may be EN-
tered and filed as of the March term
4 of the Washington County Court,
1901; that the answer of the de-
PENDANTS, also exceptions, demur
rer, immediate appointment and re
port of special master, or such pro-
ceeding as either party may inter
/ pose and present, may be entered
Il and filed out of time; that pro
forma decree may be entered in said
cause, and said cause passed TO and
argued at the May term Of the
| Supreme Court, 1904. No objec
tion is to be made or entered by the
city as to the misioinder of parties,
n or that bill in equity, is not the
4 proper remedy
Richard A. Hoar,
Il solicitor for Orators.
John w Gordon,
Solicitor for Defendants"
| And now. Mr.. Editor, IN closing, lei
me say that your great effort to hood
wink the people Of the city OF Barre
by stating that the City has won !
point" especially that point which /
promised not to raise, and was not nee
essary to raise in order to have tn,
case decided on its merits, ii / may us'
the expression of great majority O
our citizens, was at least 4 ~bumachi'
job
RICHARD A. H0AR,
Solicitor for the Abutters.