The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1908-01-31
A BIG FUSS IN
WESTMINSTER
Over The Recent Village
Incorporation
INJUNCTION GRANTED
Against selectmen and Town Clerk Re-
straining Them From Proceeding
Further Under Incorporation Which
Is Claimed Illegal.

rs result Of injunction procecdings
brought bcior Superior Judge George NJ.
romets, noticcs signed by County Clerk
y; ID. =. Stowe OF Bfattleboro were serv.
cd yesterday upon the selectmen and
town clerk and collector OF Westminster
warning them 20 appear before the court
OF chancery at Newiane at the April term
10 show why they should not be enjoined
from. further proceeding in the matter
OF village incorporation and the collection
OF taxes. The voters in the village are
divided ON the subject and the matter
has developed a merry fight. The com.
plainants are ID. =. Wright, Rollo Met.
calf, George Richmond, T.. w. Royce,
Foster Watkins, George Foster, w. A.
johnson. Nelson johnson, George c.
Wright. d. 4. Taylor A. 5. Lewis, al.
win Wright, j. 4. Gates, Simon NJ. All.
bee and Elmer q. Royce. The defendants
are the selectmen, 7. 7. Phelps, G. II.
clerk and collector, +. /. Lane. Mr. Phelps
formerly was senator from Windham
county. He is charged with pretending
to have. IN his pocket petition from
voters favoring incorporation, which the
orators say never has been filed or re-
corded in the town clerks office and
which they say they believe never exist
ed and which he has refused to produce
on demand. The trouble started Feb. II.
\ petition was presented to the select
men 10 establish the bounds of the village,
with view to incorporation. At the
same time petition OF protest was pre-
sented, which was signed by several
whose names were on the first petition,
they claiming that they signed the first
petition under misapprehension and
asking that their names be erased there
from.
The selectmen dismissed the first petit
tion on the ground that it did not contain
the names of majority of the voters in
the village. Subsequently the boundaries
were laid out and the full board signed
the record of the proceeding, which was
recorded in the town clerks Office. The
orators say this was done on y h
Of statement by Mr.. Phels "a
a new petition, which he dlA .dow
his associates on the board, and ~ say
the names of Selectmen Spaulding and
Ranney were procured through misrepre-
sentation and mistake. The next develop
ment was when 81 voters petitioned the
selectrnen to give them a. hearing on the
question of the legality of the Phelps pc
tition. Mr.. Phelps refused hearing, but
they were heard by Selectmen Spaulding
and Ranney, who then asserted that they
never had seen the petition which Mr..
Phelps claimed to have. Mr. Phelps did
not appear at the hearing. A village meet
ing was held, at which officers were elect
ed, and it was voted to incorporate "for
The lighting of streets only" and it was
also voted to assess tax not to exceed
Is per cent. At an adjourned meeting,
md before any business was transacted,
Mr. Wright filed objection to the meet
ng and gave notice that opposition would
De made to every move toward enforce
nent OF any action taken to collect any
axes. One ground was that the incor-
,oration was not legal. Another was that
he warrant contained an article for the
election of officers under chapter l42 Of
he revised laws of Vermont, which does
lot relate to village or village, officers at
III.
Another was that the village corpora
ion could not be formed for the limited
purpose stated or with limit as to the
mount of tax which might be voted sub
In spite of these objections
he voters adopted bylaws and voted q
ak of Is per cent. Since then poles,
wires and lamps for street lighting have
,een put in place, and the orators say
hat contract has been made with the
Fall Mountain Electric Light and Power
ompany Of Bellows Falls for lighting the
treets. The orators ask that Mr.. Lane
e enjoined from collecting their taxes
nd that he also be commanded to strike
rom the town records the records of es-
bounds of village and that
he proceedings of organization and Incl
ent thereto be declared null and void.