The Barre daily times. (Barre, Vt.) 1897-1959, 1922-04-28
MONTPELIER
Trial of Leonard E. Doton in Milk Case
Under Way.

The license issued to Leonard Z.
Doton by the city of Montpelier to
sell milk and cream was admitted as
an exhibit in the city's case against
Doten for violation of the citys milk
ordinance, trial of which was begun
this morning in Montpelier city court
before Acting City Judge Harry G.
Shurtleff. George l.. Hunt, city at
torney, appears for the city aud DIR.
G. II. Burr, district health officer. was
sitting with Mr.. Hunt. A. c. Theriault
and J. Ward Carver appeared for Mr..
Doten. The license was issued April -.
1921. and was to run until March 81.
1922. T. r. Merrill, city clerk, signed
the license. By its terms, Mr.. Doten
was to sell under the rules and regula.
tons of the state board of health. The
cost Of the license was So Mr.. Carver
claimed in regard TO the license that it
was a contract between the city and
Doten. and that no action taken by the
city by ordinance while il was in force
could vacate il. Acting Judge Shurtleff
ruled that City Attorney Hunt must
show some interest by the state board
VI ntttAAH III Atft idrft ruHltlnlnE W lIidl
decree a contention OF Mr. Carver's
that the city council could not by ordi-
nance, passed after Mr.. Doten had
gained his license, cancel contract with
him as contained in license. Mr.. Hunt
then introduced under objection a part
Of the resolution passed by the council
Oct. II. 1921, when DIR. G. II. Burr, dis
trict health officer. was present. The
section read provides that cows becom.
ing unhealthful or owners refuse to al
low a tuberculin test, the council may
revoke the license. Judge ShurtlefT sus-
tanned Mr.. Carver's contention that
this section applies only 10 licenses un.
der the ordinance in which contained.
Mrs. Nellie Pine was the first wit
ness called by the city. She testified
that DOten sold her milk at time lat
ct than when the license was revoked
by the city.
r. r. Merrill. city clerk. was on the
stand the greater part Of the morning
TO testify in regard to the records Of
he city council and his actions under
their instructions. He stated that
copy OF a resolution rcyoking Dotcn's
license was sent 20 him with the may
or's warrant for so cents. A. = refund
for the period Of year in which he
couid not use his license. Doten re-
turned the warrant in a few days. Mr..
Merrill stated.
DR. A. J. DcFossett. deputizcd by
the United States as state livestock
stated that application
81 a tnbcrculin test Of his herd was
signed by notcn on April Z. 1921. and
received Al the Office April .. 1921. Two
employrs connected with the depart
mcnf 81 agriculture. Dr. Herman and
Dr. shannon. were sent to the Dctcu
farm - test the herd on two occasions
end both times the test was refused
Both doctors are now ont Of the state.
b. said
Mr.. Hsnt rested tbc case AZ noon snd
sourt adjourned until ? o'cicck
So reurfrooui Was crowded vi y /
farmers and others Interested IN tire
sIieome of the case. Il did rot APPEAR
.his morning that the matter u the l
f-siity Il fhs couucil's crdinancts IN !
-ezsrd 70 milk selling and iniircciir
- Hhoie matter II tuhcrcuiin test ]
& aiii be intfciocei into thc case.