The Barre daily times. (Barre, Vt.) 1897-1959, 1922-05-24
NOT LIKELY TO
''SCRAP' ROAD
Turn Of Plans Comes With
Protest of 7 ! a.
|. holder
5,
AGAINST ST. s PING
THE s sRATIONS
Legal Spa lg Today Was
Over Priority Of
Claims

Legal sparring before Judge Stanley
G. Wilson III the matter of foreclosure
on the Barre n Montpelier Traction &
Power Co., which was started yester-
day morning at Montpelier, was ret
sumed this morning Priority Of
claims was the issue largely to-day.
Il. NJ Harvey, appearing for bond,
holders, contended that the claims 81
the bondholders took precedence over
all other claims lI.G Frattini put in
claim Of $3.50 for Thomas Sheri-aR
as the result of damages in an auto
mobile accident, and he wanted a
chance to sue the receiver.
First intimation that the bondhold
ers, or any considerable part OF them,
were anxious TO have the road continue
in operation was given Yesterday by
John u Flynn Of Burlington, repre-
senting so per cent Of the bondholders.
who said they wanted a stay OF sore-
closure proceedings and asked leave to
Withdraw their petition for Immediate
discontinuance Of operation, Mr.. Flynn
said il had come to the bondholders'
committees attention within a few
days that some of the property had
been divorced from the Traction COM
pany's realty, and he was now op.
posed to discontinuance of operation
He said it would be grave mistake
to stop operation now and he asked
for delay in plans to stop operation
until the legislature meets, when II i
hoped to get legislation to regulate
competing forms of transportation 50
that the trolley companies can 1--we.
secure relief from compensation and
get relief from building streets IL
Montpelier
Mr.. Flynn said water power rights
had been sold and that the Pitkin
farm had been sold. He said this hal I.
been done without consent or knoSi-
edge OF the bondholders; but Attorney
Rollins, representing the American
Trust CO.. acting for the bondholders
declared this could not have happened
under the contract, He said portion
Of the Pitkin farm had been sold 10
get funds to buy one Of the new ona-
man cars. The picnic grounds, water
power there and ball park have not
been sold.
Mr.. FLYNN said he found the showing
Of the receiver, H. j. Nolnolm, insli
Gated that the road has earned slTe
a day. which is more, per car, tnan
probably any other road in Nerms'i
He commended Mr.. Volholm for bis
services. Bondholder Flynn declared he
had thoroughly changed his mind
having previously been in favor Of siis
pending operation of the road.
When asked what he thought ~
that, Attorney Rollins Of the Amcri
can Trust Co. said the position was an
entire surprise to him but that il sas
customary for trustee 60 be gov
erned by the wishes OF the bondhold
ers whom it represents and il SO pr
cent Of the bondholders want what Nr.
Flynn stated that it was sprobabie
that such action would he followed.
Berlin and the city of Barre, throuSd
Attorney Harvey and City Attorney
Dufiey. were in favor Of the continued
operation Of the road ar Harvey
stated that until Mr.. FLYNN made the
statement there didn't seem % be
friend of the trolley company present.
He said that Berlin wanted the road
continued for the benefit Of the homc-
steaders on the trolley line.
Another thing which occurred during
Yesterday that may have stirred up
the bondholders to immediate action
and the presentation of their state
ment. made by Mr.. Flynn Tuesday
afternoon, was the answer filed by
II. II. Deavitt. attorney for the Ma
tional Surety company, in which he ii-
dicated that his company was willing
ID take road for the state taxes. claim
of Montpelier against the company tor
paving. salary due the receiver and his
attorney These items, withthe power
bill Of 100000, which the power com
pany had presented made it appeor
that the .bondholders would not yet
much out Of the sale Of the road.