The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1920-07-16
COMPANY
SEEKS RELEASE
FROM EXPE
Objects TO Participation in Re-
building of Main Street
SPECIAL MEETING JULY 27
Trustees Decide They Are Not Author
lied to Grant Request of
Berkshire Company.

A special village meeting has been
called at high school hall at 8 o'clock.
Day Light Saving time, on Tuesday
evening, July II to see what action will
be taken by the voters in regard to the
position OF the Berkshire Street Rail.
way company relative to the proposed
construction Of permanent highway
on Main street.
The proposed Improvements on Main
street necessitate the relaying Of the
track, an expense which the railway
company is not disposed to undertake.
The company takes the position that
the present track meets all of its re.
quirements and that it is not able fin.
ancially to make an expenditure which
lis not necessary to the operation of It's
lines The company will replace and
lay the rails but is not disposed to
meet any other expense that may be
incurred in the making ce the proposed
Improvements.
There is a question as to the liabli-
ty OF the company as regards such pro
posed improvements. The original char
ter, under which the line through
Main street was built, was granted
to the Bennington Electric company
and it provided that the company
should keep the portion Of the high.
WAY between Its rails and for dis
Itance of one foot one each side of the
track in the same condition as the
remainder of the street To what ex-
ten: this provision would apply in the
case of permanent highway improve
ments is an unsolved question.
However much or little obligation
rests upon the Berkshire Street Rail
way company, the trustees, acting up
ION the advice of the corporation attor-
lney, have come TO the conclusion that
Fhey are without authority to release the
company from assessments in iconnec
Ition with the proposed rebuilding OF
Main Street and are going to- pass the
problem on to the voters The warn
| ing for the special meeting reads as
follows: Foea
The legal voters of the Village OF
bennington are hereby notified and
warned to meet at High School hall
in the Village of Bennington on Tues
day Evening, July 9th, 1920, at eight
O'Clock Day Light Saving Time. to
ransact the following business.
Article Ito see if the Vilalge will
! insofar as it may legally do so by vote
recommend and agree to release and
waive any right CT action at law it may
have pursuant to the provisions of
| No 239 Of the Acts of 1894 and the ad-
dtions and amendments thereto.
againse the Berkshire st, Railway
/ Company, to collect from said Com
lpany the expense of repairs on Main
stree between its tracks thereon, as
contemplated by the appropriation
made at the last Annual Meet
ing of the Village; Provided
that in consideration Of said re-
lease and waiver upon the part OF the
village the said Berkshire Street Rail
way Company, will agree to furnish,
lay and install at its own expense and
with out unnecessary delay all neces-
sary and suitable rails that may be
required for said contemplated repairs
and improveme IN said Main street.
Article 2nd To transact any other
business that may be found necessary
and proper when met.
VIM. p. Hogan.
Village Clerk,
Bennington, VT, July 10th, 1920.