The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-11-28
Vermont Case Argued
Before Supreme Court


Maurice, Gibson, and Carpenter, of
the legal talent; and Former At
tolEey General John G. Sargent
and Lieut.. Ralph s. Parker, of
Ludlow, who were in Washington
on other business.
While the amount of the dis
puted tax involved in the pending
case is not large-S4S4.50-the I'M
dellying principle promises to be of
tar-reaching consequences. In
cidently the case discloses the
vicissitudes attendant upon the
annual spring log-drive from the
forests of Vermont down the Con-
necticut and other streams to the
paper mills and manufactures of
New England.
The brief of the Champlain
sets forth that this is writ of
! ceI tiorari to review judgment
of the Supreme Court of the State
/ of Vermont which reversed a
judgment of the County Court of
Wlndham County, Vermont, IN
favor of the petitioner, for the re-
coIery of certain taxes paid by the
petitioners under protest to the
| Town of Brattleboro for the year
1918, and which are claimed by the
/ petitioner to have been illegally
assessed by the officers of said
town upon certain pulp wood
which at the time was in the
course of interstate transporta-
ton from the head waters Of the
West River in the State of Yer
mont to Hinsdale in the State of
New Hampshire. The action was
an action Of general assumpslt
with specifications hereunder to
recover the taxes so paid, and was
tired by the Court"
"The Findings of Fact" con-
tilues the petitioner brief, are
conclusive here and the only ques-
ton involved in this appeal IS
whether or not upon the facts so
found the pulp wood in question
Wa; in the course OF interstate
transportation and therefore eX-
cmpt from taxation by the town
OF Brattleboro at the time sad
, taxes were imposed. .
The brief then goes on to review
! the findings Of fact 1t appears
that during the winter of 1918 and
1915 the plaintiff cut pulp wood in
the towns of Jamaica, Stratton
. and Londonderry, in Windham
County, and in Winhall, in Ben
nington County. The wood was
in fourfoot lengths and was plac-
ed on the banks of the West River
and into the Connecticut River,
and thence to its destination ut
Finsdale, about three miles below
Brdttleboro. In Hinsdale the plain
till maintains a "bolting and ross
ms mill" to which the wood was
to be foated. At Hinsdale log
boon. was maintained for the pur-
pose of holding the wood until 1t
should be handled in the mill.
The plaintiff put all the pulp
wood it had cut in the winter OF
| 1915 and 1919 in the West River
| Valley into that stream and its tn
butaries, beginning on March 20
1919, in all about 10000 cords, in
tending as the water was then high
to drive it down West River and
therce into the Connecticut and
down that river to its mill at Inns
dale. and in anticipation OF the
probable high water in the Con
necticut about the middle OF
! March placed a boom across West
River near its mouth in the towr
of Brattleboro "for the purpose OF
holding the wood in the West
River until the water in the Con.
nocticut had receded enough t.
allow the wood to be held in the
Connecticut at the mill in Hins
dale
Down came the wood borne OF
the current of West River, Tho
first of it reaching the boom a
that streams mouth on March II
1919. "At that time" goes on th'
findings, "the Connecticut was s.
high and its current so swift tina
it was not thought safe to let thu
| wood flow into the Connecticut, a!
wood of the character of this Woo
could not be held by the Hinsdal'
| boom, and therefore the plaintiff
held its said wood in the boom a
| the mouth Of West River in Brat
| tleboro. 1t was not held there TO
| any purpose than as aforesaid" y
| On March % the boom near thu
mouth of West River broke, ant
| some of the wood went sailing
| down into the Connecticut, Will
some more Of it found its way int
a considerable pond on what
known as the Retreat meadow
near the mouth of West River,
pond caused by a setback o
| water. About 1000 cords wen
into the Connecticut, substantial
/ one-half Of the wood that had bee
held at that time by the Yves
River boom Of this escape
| wood, about 1900 cords was finall
| held by the Hinsdale boom, an
some 800 cords went over and ur
| der that boom but was ultimatel
/ saved, a part of it at the Verno
dam and part of it at Turner
Falls, Mass, this wood being late
| hauled back to Hinsdale.
| The broken boom was repaire
Il March %, but the Connecticut wa
then too high to permit of foatin
The wood down satisfactorily, an
continued in that condition unit
iii ,,,,1 !