The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1922-12-13
REMANDs REALTY co. CASE.
CONTINUED from Page Onel

the wood was placed in the waters of
he West river in the towns of Jamaica.
Stratton, Londonderry and Winhall or
at the boom in Brattltboro? The whole
drive was 10000 cords. Six thousand
cords of that, shipped from these towns
after the Sd of April, went through di-
rectly to Hinsdale, y. H., without stop
ping. Certainly that was q continuous
passage and the wood when floating In
the West river was as much in interstate
commerce as when on the Connecticut.
Why was it any more in interstate COM
MERGE than that which had been shipped
before April Sd from the same towns for
the same destination by the same nat
ural carrying agency, to wit, the flowing
water of the West and Connecticut
rivers? Did the fact that before April
Sd the waters of the Connecticut We're
frozen, or so high as to prevent the logs
reaching Hinsdale, requiring n tempo
rary hating at the mouth OF the West
river. break the real continuity OF Inc
interstate journey? We think not. The
preparation for the interstate journey
had all been completed dt the towns on
the West river, where the wood had been
put in the stream. The boom at the
mouth of the West river did not consti-
tute an entrepot or depot for the gather
ing of logs preparatory for the final jour
ney. 1t was only safety appliance IN
the course OF the Journey. 1t WIS Il uaI-
Dor of refuge from danger toNa shipment
on its way. 1t was not used by the
owner for any beneficial purpose of his
own except to facilitate the safe delivery
of the wood at Hinsdale on their final
journey already begun. The logs were
not detained to be classified, measured,
counted, or in any way dealt with by
the owner for his benefit except to save
them from destruction in the course Of
their journey that but for natural
causes, over which he could exercise no
control, would have been actually con-
tinuous.
This was not the case in Coe Y.
Enrol. 1t is evident from the statement
Of that case. and Mr.. Justice Bradley IS
/ language that the logs were partly
drawn and partly foated 10 Enrol and
deposited some in the stream and some
on the banks, where they were TO remain
until il should be convenient to send
them to their destination and they were
being gathered there for the whole pre-
yious winter season. 1t was an entrepOt
or depot as the Justice several times de-
scribes it. The mere fact that the owner
intended to send them out of the state
under such circumstances did not put
them into transit in interstate commerce.
But here, we have the intention put into
accomplishment by launching, and mani
tested by an actually continuous journey
of more than half the drive with q halt
ing OF less than half OF II IN the course
of the interstate journey TO save II from
loss. and only for that purpose"
The opinion then says that the case
at bar is easily distinguishable from the
other cases cited by the Vermont SUI
preme court, and it takes up various
eases and points out the salient features
The interstate commerce clause OF
he constitutions" the opinion says
does not give immunity to movable
property from local taxation which IS
aot discriminative unless it is in actual
continuous transit in interstate com
MERGE When il is shipped by n common
carrier from one state 20 another. in the
course of such an uninterrupted journey
4 II IS clearly immune. Tho doubt arises
when there are Interruptions in the jour
nev and when the property in its trans
uortation is under the complete control
Of the owner during the passage. IL the
Interruptions are only TO promote the
safe or convenient transit, then the con