The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1911-02-10
SAY SUIT IS MALICIOUS LIBEL
Hooker, Corser & Mitchell Co. Demand Retraction
from Selectmen and Submission to Voters

complain. One OF the counsel employed by
the defendants, Frank Il. Barber, is states
attorney. II is his duty to prosecute crime
which comes to his attention. The statute
OF limitations runs on this charge Tor the
year 190S 1.-THE last year OF the small taxi
on, April first, next. Since the seiectmen
did not cause the prosecution OF Mr.. Cor
ser, but instead employed the states at
torney in u private suit TO undertake to
recover damages in this action which large.
~ comes from parties entirely innocent,
there can be no other conclusion than
that the motive OF the town officials IL TO
injure this company rather than to pun
ish the real wrongdoers or TO enforce
justice as to the rights OF the town.
Mr. Proctor in his suit TO secure his
rights, against Messrs. Hooker, Corser and
Whitaker, fully. disclosed the situation Of
the company as long ago as February, loOo.
The present board of selectmen came into
office within one month from that time.
Messrs Hooker, Corser and Whitaker were
in town and owned property here for
long time after that. No attempt was
made to reach them. II wrong has been
perpetrated upon the town, any lawyer
knows that the persons perpetrating II
are individually responsible in an action OF
this nature. Why did not the selectmen
sue Mr.. Coser, who swore TO the inven-
tory, or ii they chose to include all the
directors OF the management, why did they
not sue Mr.. Corser, Mr.. Hookec, Mr..
Whitaker, and Mr.. Proctor individually?
Certainly Mr.. Proctor will make no com
plant ii they bring suit against all the
said four individuals. The aim apparently
is to harass and injure the company un-
der its present management. The present
owners Of the company took IL over at
time when Messrs. Hooker, Corser and
Whitaker were seeking to. remove II from
Brattleboro. We have undertaken to hold
the business here, and against the odds OF
the injury wrought by what we claim to
be the unlawful acts of Messrs. Hooker,
Corser and Whitaker, the business has
been maintained. We desire TO get the
voice of the voters Of Brattleboro as to
whether this suit, so far as 1t relates to
time prior TO the present management,
shall be prosecuted. We do not believe
that such il the will OF the town. II it is,
it will be evidence to us that the town
is hostile in its attitude toward this IN
dustry, and we shall act accordingly. We
ask the selectmen to ascertain at once IN
public meeting the attitude Of the voters
OF Brattleboro on this suit so far as it
relates to the years 1904 to 1909, inclusive.
We do not ask for any expressions as to
the suit for 1910, for as to that veal. we
are responsible and will defend ourselves.
Hooker. Corser & Mitchell Co.
By Clarke C. Fits, Attorney.
Feb. I, 1911.
Town Agent Carpenter was absent
from town when the conference was
held. and Tuesday afternoon Sc,
lectmen Calvin and Merrill referred
newspaper writers to him, saying that
the town agent had entire charge of
bringing all suits in behalf of the
town. Neither of the town officials
would discuss the probability of the
matter being brought to the attention
of the voters. as requested by the COM
many in its statement to the selectmen.
Mr.. Merrill said that If it was the wish
of the citizens of the town that the
suit be no further prosecuted he pre-
sumed the town agent would be gov
erned by that sentiment. Mr. CALVIN
was not talking to any great extent
Tuesday afternoon, and he was reticent
Wednesday when asked If there were
further developments in the matter.
Mr.. CARPENTER, however, volunteered
the information that the only develop
ment to be looked for at present was
the answer which might be forthcoming
from the defendant. He said that he
could see no reason why the case should
be halted. and indicated his intention
of continuing upon the same line as he
had started.
The question will undoubtedly be mt
before the voters by means of an article
in the town meeting warrant
At the annual meeting OF the New Eng
land Agricultural society in Boston Tues
day G. NJ Winslow Of Brandon, Vt, was