The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1910-12-06
ADDRESSED HOUSE
IN BEHALF OF
ELROY KENT
Attorney SpelIman Speaks for
Condemned Murderer
ANOTHER VETO BY GOVERNOR
Bill Relating to Damages When Troll
ley Roads Change to Steam
Power

Montpelier, Dec. 5.--The senate had
brief session this morning so as to
get into the House to hear the dis
cussion of the Elroy Kent case. Sen
ator Archibald proposed an amend.
nent to House bill 300, the weights
and measures bill providing, for the
appointment by the governor of the
commissioner instead Of electing him
by the legislature. The Senate also
Ipassed H. S7S relating to the annual
Injecting of the Milton graded school
ldistrict.
The only business OF Importance to
leone before the House this morning
was the consideration of H 457 to
commute the sentence of Elroy Kent.
On motion of Mr.. Webster of Swan
ton the House voted the privileges of
the floor to Hon. John d. Spellman of
Rutland, one of the attorneys for
Kent, TO address the House In his be-
half. The motion was carried by
vote of 1873 to 46, the exact number
Of votes and no more being necessary
to permit Mr.. Spellmans speech. He
reviewed the case at some length re-
hearsing the testimony Of DR. Shirres,
the expert on mental diseases from
Montreal, also of Dr. Grout, superin-
tendent of the asylum and Dr. Was.
son, the House surgeon.
The Rev. Mr. Howard of Whiting
followed Mr.. Spellman in "a long
speech in favor of the bill and At
torney General Sargent then present
ed the states side of the case show
ing the murderous implements with
which the victim was xii ed.
The governor returned to the
House without his approval House
bill S42, an act to provide for the
ascertainment of damages in the
event of the change of motive power
, by railroad corporations and street
railroad companies" for the follow
ing reason;
1.-THE bill entitled H. 342 an act to
, provide for the ascertainment Of dam
, ages in the event Of the change of
motive power by railroad corporation
, and street railroad companies, seeks
to delegate the right of eminent do
, main to the railroads operating I'M
der the provisions OF this bill But
|. the bill makes no provisions for the
, ascertainment TO the exercise of such
:. power Further, the bill contains no
provision for the payment of damages
/ when the property rights are taken.
. Therefore in my Judgment, the bill is
\ n violation of article two of the con-
stitution of the state of Vermont and
n hence unconstitutional. I therefore
!. respectfully return this bill to the
i House of Representatives without my
!. signature"
Mr.. Amey of Brighton who intro
G iuced the bill, stated that in his opin-
h ion the measure was unconstitutional
4 The House voted unanimously not to
!. pass this bill over the Governors We
Il to, 159 being present. This is the bill
!. that was introduced to save s 10, the
" bin that provides for a change Of mo
NJ tive power on railways, now known
. rs the bill to allow the New York
,s New Haven & Hartford road TO run
~ its trains into Bennington.
10 Senate IL met with so many objec
In tons from the governor that he re
ls fused to sign II until 1t was agreed
~ that the bin he has now vetoed
should be passed. Whether this bill
p. actually corrected the objections rails
~ ed by the governor or whether It dit
NJ not contain all he supposed It wou't
n is not known, at any rate S. 10 4
y. safely law.
in Senate Bills Introduced
IN s. 11S-By Senator Barden OF Rut
land, an act relating to orders o
a town road commissioners. Provide
de that all money expended upon high
he ways, except In cities and incorpors
al. ted villages, shall be drawn from tn
town treasury upon the order OF tow,
road commissioner to the party Ell
titled thereto. Commissioner TO kee
q duplicate OF same. General commit
err tee.
to s 117.-By Senator futile OF Ru
ne land, an act relating TO licensing q
nv dogs. Provides when person b,
wv comes the owner OF a dog after Ma
i'm 10, II the dog Is four weeks old O
N. more on April /. shall pay llcens
Va. even II the dog Is not In the state b,
-s. fore May 10.
er House Bills Introduced
he II. 5SS-By Mr.. McIIugh OF We,
bridge. to repeal section 551 OF IN
l9, public statutes. relating to deposit
IN to avoid taxation. To judiciary con
ge mittec.
by II. 539.-From committee on gran
ro- list, re'atlng TO the time within whlc
or certain duties reuired by chapters Z
to 81 inclusive OF the public statute
en- shall be performed. Ordered 10 n
,a and be printed.
ait II. 5i0.-From committee on claim
ew 10 pay Charles II. Powers the sul
'as therein named, (Sixty.four dolla,
'as aud fifty cents for the capnre of
'ge horse thlef) Ordered TO lie and
ip. printed. ""u :
he H. 5il-From committee ON sta,
VII. ana court expenses. In amendment
Sec. CLOS Of the public statutes. rela
ain ing TO boards OF employment. orde
me ed to lie and be printed,
ted II. 5i2-From committee on stra
IFS. railways to amend Section 1e NJ n
,ck l'4 OF the acts Of 1898 as amended !
ain Sec. ! Of No. 7i5 OF the acts 81 %
lily and by Sec !. OF No. aae of tba ~
ov. or 1905, re'ating 10 the Lake I'm
me more Power a Traction company. q
de dered to lie and be printed y
urt H. o4s-From committee on graz