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Story
September 6, 1867
National Opinion
Bradford, Orange County, Vermont
What is this article about?
Court refuses injunction against town commissioners and selectmen subscribing to Rutland railroad, upholding validity of extra session law claimed unconstitutional. Decision by Judge Peck, with Judge Poland arguing for defendants in Caledonia.
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Full Text
THAT INJUNCTION.—The much talked of injunction, to stop the commissioners and selectmen of this town from making subscriptions in aid of the Rutland railroad, on behalf of the town, has been decided. The injunction asked for has been refused. On the hearing before Judge Peck upon the application for the injunction, Judge Poland who is one of the commission, and who acted as counsel for the defendants, expressly waived all objections of a dilatory and technical character, to the allowance of the injunction, and expressly asked that the decision be made upon the broad ground of the validity of the law of the extra session, which was claimed by the plaintiffs to be unconstitutional. He said he desired this, as the company and the town did not wish to have their enterprise or securities embarrassed by any outlying constitutional bugbear. The decision may therefore be regarded as a final end of the whole question, so far as the validity of the law is concerned. We have never supposed that there was any serious question that could be made as to the validity of the law, and we regard this early decision of the question as peculiarly fortunate for the success of the road, as it effectually silences the principal ground of the clamor that has been raised on the subject.—Caledonia.
What sub-type of article is it?
Historical Event
What themes does it cover?
Justice
What keywords are associated?
Injunction Refusal
Rutland Railroad
Constitutional Validity
Town Subscriptions
Extra Session Law
What entities or persons were involved?
Judge Peck
Judge Poland
Where did it happen?
Caledonia
Story Details
Key Persons
Judge Peck
Judge Poland
Location
Caledonia
Story Details
Injunction to stop town subscriptions for Rutland railroad refused; law from extra session upheld as constitutional after hearing before Judge Peck, with Judge Poland arguing for defendants.