The Barre daily times. (Barre, Vt.) 1897-1959, 1909-01-13
Sweeping Victory Given by
Vermont Supreme Court
ACT is CONSTITUTIONAL
Court Dismisses the Bill of Complaint
Of Abutters and Orders the
Orators to Pay the
Costs.

Watson in the Vermont supreme court
yesterday afternoon the city Of Barre
has won what is considered to he a
sweeping victory in the paving assess.
ment cases, since the court not only
upheld the constituionality Of the assess
ment but dismissed the bill OF complaint
in the case Of Mary Jane Durkee ct al
vs.. City OF Barre. This decision estab-
fishes the legality of all the assessments
against abutters on the Main street
block pavement, since the cases are near
ly identical.
The fight against the city's assess
ment for the pavement betterment has
been contested ever since the pavement
was laid seven years ago, and while
many OF the abutters paid the asess-
ments, there is yet something like sS,s0B
unpaid
The history Of the case is involved,
but, briefly stated, it is that in the first
place the abutters were assessed one-half
the cost OF the improvement, on the
decision Of the street commissioners that
the betterment, whereas the city charter
stated that the city council must decide
that the public good and necessity de-
manded the improvement. Some abut-
ters paid their assessments then, while
others contested on the ground that the
assessment was illegal under the charter
because the street commissioners rather
than the city council had decided. The
court upheld these contestants.
Thereupon, in the legislature OF 1906,
the city secured an amendment TO its
charter, whereby it should have the
right to re-aSsess for any Main street
pavement betterment for the six years
prior Then, having gained that amend
ment, the city council went ahead and,
as if the pavement had not been laid,
decided that the public good and neces-
sity required the Improvement, to be
made when made, and made the assess-
ments over again. That done, the city
started TO collect the assessments BY
sale of the land OF the abutters; and at
that point the abutters secured tempo
rary injunction restraining the city from
selling the land until the right Of the
city to assess could be determined. This
injunction was granted on November S,
1907, by Judge Waterman
In the lower court the city Of Barre
accepted a pro forma ruling against it
and entered demurrer TO the complaint
submitted by the orators The case was
submitted to supreme court ON briefs
at the last term of the court. The at
torneys for the orators, Richard A. Hoar.
Frank j. Martin and A. A. Sargent, at.
tackled among other things, the constitu-
Of the enabling act OF 1906.
and also the constitutfonality Of assess
nent by trent foot, as the city had
done.
In behalf Of the city, City Attorney
Carver and John W. Gordon argued for
the sustaining of their demurrer. that
the orators admitted that the city had
proceeded according to law, and that
they did not allega or establish fraud,
and that the act was constitutional.
The attorneys therefore asked that
the bill Of complaint against the city be
dismissed. This the supreme court has
done in the following order,
Decree reversed; demurrer sustained.
bill adiudged insufficient and cause re-
manded with mandate to dismiss the
bill with costs in this court and with
Or without costs below, as may be there
determined" !"
The reading of several more opinions
and a lengthy dispute between attor-
neys, took up the time Of the court
Yesterday afternoon. This dispute re-
fcrred to took place between attorneys
4 /. Fish and w. H. Bliss and c. /.
Button, the last named attorneys wish
ing to have hearing in the cases OF
Bristol Mfg Co., VS.. E. b. Palmer and
Town Of Bristol VS.. r. B. Palmer. Mr..
Fish appears for the defense in each
case and explained to the court that on
account of his work at the present sea.
sion of the legislature, he had been nm
able to get his brief in shape to present
to the court, bnt his opponents insisted
that he should have taken time enough
during the vacations of the legislature
70 make up his cases. Considerable dis
pute was carried ON and finally the
court took the matter into its own
hands and win consider the matter in
private.
Judge Munson read an opinion in the
g Sc Of Margaret B. Sowles & K. A.
Sowles VS., Harriet G. & George S. Minot
and others, an action in chancery in
which the exact boundaries of certain
piece of land in the town Of Stockbridee
s the bone Of contention According to
the decision Of Judge Munson, the case
IS rananded for an investigation. a re-
survey Of The property and report OF
The findings. The decree OF the special
master in the case is reversed pro
lorna.
In the case of James Demerritt VS.
John A. Parker, q Washington county !
,ase, Judge Haselton read an opinion |
which remands the action to the lower |
'ourt The case grows out of an old |
iispute over the boundary line Of a |
,ertsin wood lot owned BY the plaintiff |
n the town of Waterbury, and Demer- 1
lit brought suit against Parker for /
respass when the latter cut several |
fees which he understood were on his /
lwn property at the time Of the cutting |
rhe decree Of the special master. which 1
dismissed the bill Of the defendant. Is
'cyersed By the decision Of Judge Hasel-
or.
A derision was announced BY Judge \
Continued on fourth page.