Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-10-06
ACCEPT PORTRAIT
OF JUDGE ROWELL
Life-Size Likeness Presented to
Vermont Bar Association
80 Attorneys Present.
CLEMENT BANK MOST PAY
Supreme Court Opinion Sustains
State Tax Law, Claimed I'm.
Observation-Disclosures
Temple Case.
CLEMENT BANK MOST PAY

'"on'peher' oct. 4.-Just before Supreme
court convened this morning a meetinp
OF the Vermont Bar association was held
IN the supreme Court room for the pur-
pose or accepting In behalf Of the ASSOC
cation the life size portrait Of Chief Judre
John w. Rowell of Randolph. presented
by Judge Rowell, which had preyiouslv
been hung In the court room. Judge Row
ell was sent for and at the request OF G.
9. Austin OF st. Adams, president NJ tho
association, w. r. c. Stickney OF Bethel
for the association. accepted the por,rait
and In doing so paid a high tribute To
Judge Rowell.
Judge Rowell was visibly affected. but
me made no response.
supreme Court convened at ten O'clock
with all the judges and 60 attorneys in at.
tendance. Proclamation opening court
was by Deputy Sheriff John l.. Tuttlc and
prayer was offered BY the Rev. Ward r
Clark. on calling the trial docket sew
eral cases set for hearing were continued
and the term will probably not be more
than two weeks in length. The Lamoille
county case Of Nena Lafountin VS.. B, w.
Fletcher and the Chittenden county case
OF Arthur NJ. Gladstone VS.. the Boston &
Maine railroad We're entered settled and
discontinued
The two Chttenden county cases set
for hearing are the Grand Lodge of Ma
sons OF Vermont W. the city of Burling-
ION, ana Ira Bixby. tax collector OF Essex
VS.. l.. VI. Roscoe All other Chittenden
county cases and all OF the Rutland and
Addison county cases We're continued to
the November term. 'rhe Essex county
case of Albert Cilley VS.. w. II Melville
was also settled and discontinued.
Opinions We're read in several cases. one
al least Of which was Of Statewide in
tcrest. Judge Munson read an exhaust
I've opinion In the Rutland county case Of
State VS.. the Clement National bank Of
Rutland that Is OF vital interes. to every
national bank in Vermont In 1908 this
bank refused to pay to the State the tax
of seven-tenths OF one per cent i'm
posed on savings deposits on the ground
that the law laying such tax was uncon-
stitutional and ever since that time such
taxes If paid have been paid under pro-
test. The opinion read to-day by Judge
Munson Sustains the law at every point
and declares the tax valid and collectable
In the Caledonia county case of the
Caledonia county grammar school VS..
George 7. Howard and others. eject
ment. in which in the lower court
there was a verdict for the defendant
to recover costs, an opinion by Chief
Judge Rowel reverses the Judgment
Of the lower court. sets aside the YER
dict and remands the case.
Other opinions handed down to-day
are the following: Sybi Harris VS.
Fred l.. Bottum and Albert Torrance
from Bennington county. Judgment
of the lower court affirmed and case
remanded. Opinion by Judge Hasel-
ton
oliver II. Jenness VS. Walter Simp-
son. alienation OF affections from
Caledonia county. In the lower court
there was verdict and Judgment for
the plaintiff 10 recover ss,s3S33 and
costs. An opinion b" Judge Powers
sets aside the judgment. vacates the
order for new trial and remands the
case.
state VS.. Eddie Barr. selling, from
Caledonia county. Judgment that
there was no error in the proceedings
and that the respondent takes nothing
by his exceptions. Opinion by Judge
Haselton.
ion in the case of John L. Bacon and
others VS. the Boston & Maine, Central
Vermont and Woodstock railroads
heard and decided at the special term
held here in August.
Ernest GosS vs.. Edward A. Burt
trespass. from Addison county. Judg-
ment of the lower court reversed and
cause remanded. Opinion by Judge
MunsOn.
Horton T.. Doty vs.. the village Of
Johnson, from Lamoillc county. De-
cree reversed and cause remanded with
mandate, orator to recover his costs.
Opinion by Judge Watson.
T.. w. Cunningham VS.. the Bradford
Agricultural and Trotting association
and trustees. from Orange county.
Judgment of the county court reversed
and cause remanded. opinion by
Judge Haselton.
William II. Valiquctte VS.. Clark
Brothers Coal Mining company. the
Rutland Railroad company and the r.
r. Patch Manufacturing company,
trustee, from Rutland county. Judg-
ment Of the lower court affirmed.
Opinion by Chief Judge Rowell. Judge
Haselton djssents
Deerfield River company VS.. the
Wilmington Power and Paper com
pany. from Windham county. Decree
of the lower court affirmed. Opinion
by Judge Powers.
Boston g. Maine Railroad VS. the
Union Mutual Fire Insurance company,
from Washington county. Decree re-
versed, demurrer overruled, bill ad-
Judged sufficient, and cause remanded
Opinion by Judge Watson,
No cases were argued to-day, as the
entire time was taken up in reading
opinions The first case for hearing
tomorrow is Fife & Child vs. W. w.
Cate. from Lamoille county.