The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-11-23
FRANK Z. HOWE. Editor and Publisher
Howard Loses His Case.

The Howard verdict was not, in the
amount of damages found, so deep as
a well, or so wide as church door
but It's enough, twill serye"-as a
warning to other grafters. The pre-
siding judge ruled out the items GOV.
cred by the rather remarkable system
pursued by Mr.. Howard in making
train connections at Hardwick, on the
ground that the state is accustomed to
pay for whole days service when
only part of it is given-doubtless a
proper ruling, in point of law
Howard lives at Craftsbury some
miles off from the railroad line. When
ever business as railroad commits
sioner called him from home, instead
of taking the early morning stage to
Hardwick or driving over himself at
that time and connecting there with
the train, he used to have his boy or
hired man hitch up the afternoon be-
fore, drive his to Hardwick. where he
put up for the night at the hotel, leav-
ing in comfortable way the next
morning, or sometimes he went on to
Burlington for greater comfort. He
drew pay at Sc a day for the day on
which he started had his own team
paid for by the state at livery rates for
driving him over to Hardwick and the
wick or other hotels, so that 1t cost
wick or other hotels, so tina it cost
about $40 to start Howard off on every
trip.
The legislative committee-very
properly, ii seems to us--condemned
this practice, but the court, in its judg
ment as court, held that there was
legal warrant for the charges There
was no dispute, we understand, as to
these facts. If they did not constitute
breach Of the law, they certainly
stamped Howard as a prodigal public
servant, worthy of retirement.
The balance of the items claimed
against the eX-commissioner consist
ed of charges for time and expenses
alleged not to have been devoted to
the service of the state, but TO private
business or pleasure. The jury's ad-
verse verdict covered every one of
these, so that, while the amount was
considerably scaled down by reason of
the courts ruling, 1t was pretty clear
triumph for the state on the issues
joined.
This was civil action. TO collect
from Howard his overcharges. 1t
goes to the supreme court on excep-
tons. Probably the criminal aspect
of the affair will never come before
the court at least, this is the common
course of such matters
The trial seems to have been very
sharply contested There were fire.
quent clashes between counsel. of
whom Mr.. Howard had summoned the
leading quality that Vermont could
furnish. The charge of the defense
that the prosecution was a contempt
ible piece of petty politics, fostered
at the last legislative session, for the
purpose of creating vacancies on the
board of railroad commissioners now
filled, in two instances, by members
OF the investigating committee re-
quires only the mention of the names
of these two gentlemen, Eli H. Porter
of Wilmington and S. Hollister Jack
son OF Barre, TO disprove. Neither of
them would so foully pattern after
David of old-and the whole state
knows it, Their services on this in
vestigating committee was unsought,
was GENEROUSLY, but conscientiously per
formed, with no evidence of malice or
Interior design disclosed. The asper-
sion Is an unwarranted and ill-manner-
ed as Alex Dunnett's reflection on the
jury-that it needed bath.7-Ran-
dolph Herald and News