Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-01-25
Supreme Court Says He Has Right
to Examine Books and Papers
in Auditors Office.
MANY IMPORTANT OPINIONS.
Union Defeated in Conspiracy Case
from Caledonia County--Acts of '04
and 90 Relating to killing
Deer OBSERVATION-DISCLOSURES
man Indictment Valid.

Montpelier. Jan. 23.--At the opening
session of the general term of supreme
court this morning decisions in two
cases OF State interest were rendered.
One was in the Rutland county case of
Percival w. Clement VS.. Horace l.. Ora
nam, state auditor of accounts, in which
Mr.. Clement was successful in securing
permission to examine the books and pa
pers in the office OF the State auditor,
subject to reasonable restrictions. and the
other was In the Caledonia county case
of State vs. James Duncan and others.
conspiracy, in which the stone cutters
were defeated in their contention.
Court Convened at ten o'clock this
morning with co lawyers outside of
Washington county in attendance, the
largest number that has been seen at an
opening day Of supreme court for years.
This large attendance Is due in part to
the memorial service for the late Judge
Henry r. Start to be held this evening.
In tho Chittenden county divorce case
of John T.. Delaney vs.. Sophia c. De.
laney, motion for a continuance was
fled Exceptions were waived in the
Franklin county cases of State vs..
Devicey Gokey and State vs. Belle B..
Flint. Judgment was ordered that there
was no error in the proceedings and that
the respondents take nothing by their
exceptions. They are now serving their
sentences in the House OF Correction
There was also motion for A. con-
tinuance in the Windsor county case Of
Edward =. Sumner vs. the town Of
Weathersfield and in the Washington
county case of State vs. David Comolli
the exceptions were waived
OPINION IN CLEMENT CASE.
Judge Watson read an opinion in the
Rutland county case OF Percival w.
Clement VS.. Horace F. Graham, State
auditor of accounts. The petition for
mandamus in this case was preferred
September 1o.l00i. and it was argued at
the January term, 1905. AS is we'll known
this was a complaint in mandamus 10
compel the State auditor to make pub
lie to the relator or to his attorney or
agent certain public records OF the
State. The defendant denied that the
vouchers in question were public records
and refused to allow the relator to ex-
anime them. The opinion by Judge Wat
son was very exhaustive, occupying an
hour and 90 minutes in its delivery. 1t
covered every phase of law bearing up
on this question. illustrated with num-
erous citations and was called by many
attorneys who heard it mastery piece
of work. The relator was sustained III
every point OF his contention and the
following entry was ordered: "Judg-
ment that the prayer OF the complain
ant is granted, and that a mandamus
issue directing the auditor Of accounts
to grant the inspection of the vouchers
in question to the relator and his said
agents and attorney under such rea-
sonable rules and regulations as he may
prescribe therefor consistent with pub
lie right" Judge Munson and Haselton
dissent from this opinion and the late
Judge Start, because of illness. had no
part in it's preparation.
THE CONSPIRACY CASE.
The opinion In the Caledonia county
case OF State vs. James Dun
can and others was read by Chief Judge
Rowell. The respondent Duncan, who is
the national secretary of the Granite Cut
ters' union, and several others refused
to appear before the grand jury in Gale
donia county and their attorneys put in
day finds the plea in abatement INSULT
cient and that the indictment TO. orspir-
lcy holds. The entry ordered was: "Judg-
meTt affirmed and cause remanded." This
case has not vet been tried In Caledonia
county court but came to supreme court
On the question Of the validity of the in
1ctment.
OTHER OPINIONS.
Judge Tyler read an opinion in the Or
inse county case of Eugene s. Abbott
md Ella NJ. Abbott VS.. Henry w. Fits,
OF Russell A. Flint's estate
In the lower court there was decree for
the orators in accordance with the prayer
If the bill, and in the opinion read this
morning the decree is affirmed and cause
The occupancy of farm is in
in this case
John Mcrierney, administrator of Den
his Mahoney. VS.. the Rutland railroad,
negligence. This case grew out Of an ac-
,ident in Shelburne, which caused the
leath of two locomotive engineers, and in
he lower court the plaintiff was awarded
manages of $500. A motion to set aside
he verdict was overruled. there was a
Judgment on the verdict and the case
,ame to the supreme court. The opinion
cad by Judge Munson reverses the judg-
nent of the lower court and remands the
,ase for a new trial.
TWO NEW LAWYERS.
When supreme court went In this af-
ternoon on the recomme n dation of T..
II. Deavit' OF the examining commit
Zee, Georl +. Lawrence OF Manchester.
John S. Buttles of Brandon, who pass
I'd the bar examinations last fall but
had not at that time completed the re-
luired time of study. were admitted to
practice and the oath was administered
10 them by the clerk.
READING OPINIONS CONTINUED.
Opinions were also read this after
loon in Is cases, making 10 cases In |
Ill in which opinions were handed |
Town to-day.
State VS.. Thomas Suffer- from Gale |
ionia county. The respondent was |
convicted of keeping liquor in Hard |
wick contrary to law and was SEN
.enced to pay n fine OF $500 and costs |
md to be confined at hard labor in |
he House of Corrections at Rutland |
'or not more than four nor less than
.hree months. The execution OF the
sentence was stayed, the case came to |
supreme court on exceptions and the |