The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1921-02-16
END OF SUPREME
COURT SESSION
JOnes's Motion to Dismiss
Bear Case Exceptions
Is Denied
CASE PROPERLY
BEFORE COURT
fInai Arguments in ChampIain Realty
20. Case Made This Morning by At
torney Nj. II. Maurice for Company
and Attorney Carpenter for Town


Adjournment of the special session of
the Vermont supreme court. which com
Vened in the federal building here vas-
terday morning, was proclaimed at II
10 clock this forenoon by Deputy Sher
III George p. Alexander of Saxtons
RIVER, at the close of the business of
the session. Court was adjourned with
out date
Arguments were begun yesterday af
lerhoon IN the case of the Champlain
Realty Co. against the town of Brattle-
boro, the case coming TO the supreme
court on an appeal by the town from
the decision of Judge Zed S. Stanton
I'm county court allowing the company to
recover from the town the 1919 tax of
about $500, which was assessed on nuIn-
wood logs in the boom at the mouth of
West River on April l and paid under
protest.
Attorney E. W. Gibson made the OMEN
ing argument for the town and Attor-
ney NJ. p. Maurice began his argument
for the Realty Co., but had not pro-
ceeded far when time for ending the
days session arrived. This morning
Attorney Maurice resumed his argument
and the closing argument for the town
was made by Attorney A. p. CARPENTER
Several points are involved in this
case. but stress was laid on the question
OF whether pulpwood foated down West
river and held at the mouth until the
Connecticut river was safe so that the
logs could be released and foated down
to the rossing mill on the Hinsdale side
OF the river was in interstate commerce
from the time it was dumped into the
headWaters OF West river or whether
II did not take on its interstate charac-
ter until released from the boom. At
tOrney Maurice argued in support of
the contention that it was in interstate
commerce from the time it was dumped
into West river, while Attorneys Gibson
and Carpenter took the other view
The case Is important as the Realty
20. has logs III various other counties un-
der similar conditions, and counsel on
both sides stated to the court that they
would appreciate an early determine
tion of the ease
Another interesting question in this
case is as to whether the Realty Co
can recover on this suit the taxes paid
to the town, as the check in payment of
the taxes was dated Subsequent to the
ruled that the date was a clerical err
ror, but counsel for the town claim the
court was in error in its ruling.
After the forenoon recess the court
rendered its decision on the motion of
Mason Jones of Jamaica to dismiss the
exceptions taken BE #AoulbN IlSH anu
Game Warden f. II. Metcalf of Brattle
boro from the Brattleboro municipal
court IN which the Jury rendered YER
dict for Mr. Jones to recover $40 from
the defendant. who carried away bear
and tran which belonged to the plain
tiff and which he found in the woods,
the warden's claim being that the trap
was set Illegally. The opinion was read
by Judge Slack and the motion to dis
miss was denied. 1t was claimed by
the plaintiff that the defendants excep-
tions were not properly in the supreme
court, having been filed with the clerk of
the municipal court instead of the clerk
of the supreme court. but the opinion
held otherwise. Arguments in this case
were made by Attorney w r. Daley for
Mr.. Jones and Attorney H. G. Barber
of Mr. Metcalf The denial of the mo-
tion to dismiss means that the attor-
neys will now prepare friefS on which
to present their claims TO the supreme
cOl1rf