Ye historie of ye town of Greenwich, county of Fairfield and State of Connecticut, with genealogical notes on the Adams., Part 22

Author: Mead, Spencer Percival, 1863- dn; Mead, Daniel M. History of the town of Greenwich
Publication date: 1911
Publisher: New York : The Knickerbocker Press
Number of Pages: 886


USA > Connecticut > Fairfield County > Greenwich > Ye historie of ye town of Greenwich, county of Fairfield and State of Connecticut, with genealogical notes on the Adams. > Part 22


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Report laid on the table.


At the same meeting, it was:


Resolved that Frederick A. Hubbard, Whitman S. Mead and John Dayton be and they hereby are appointed as a committee to examine the reports and accounts of the town treasurer of Greenwich from 1887 to the present date, and for such other number of years as may be necessary in order to arrive at a definite understanding of the same, with authority to employ counsel and an expert accountant, if necessary, and report their doings to a special town meeting to be called for the purpose of hearing and acting upon the same, or to the next annual town meeting.


In pursuance with the last resolution the committee made its report to the annual town meeting held on the third day of October, 1892, which is also spread in full on the minutes.


This report, while it practically confirmed the report laid on the table at the last annual town meeting, set forth some additional errors in bookkeeping, which were satisfactorily explained. The committee, however, "takes the liberty to suggest that a radical change should be made in the method of keeping the town treasurer's accounts, " and it found that the town was indebted to the treasurer in the sum of $208.56, and recommended that an order be drawn in his favor for that amount, which was done.


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Ye Historie of Ye Town of Greenwich


The second investigation into the management of the affairs of the Town of Greenwich was commenced in the fall of 1899, and at an annual town meeting held on the second day of October, 1899, it was:


Resolved that the report of the Selectmen, Town Treas- urer, and Town Auditor be referred to a committee of five to be appointed by the chair with full power to investigate and report to a future meeting called for that purpose. The chair appointed the following committee, George H. Mills, A. A. Marks, L. P. Jones, John Lotz and Daniel Maher, which said committee was approved by the meeting.


As a result of the investigation A. A. Marks brought an action against the tax collector and his sureties for money alleged to be due the Town of Greenwich by the tax collector for the following years and amounts:


1893,


$19,000.00


1896,


13,000.00


1894,


20,000.00


1897,


31,000.00


1895,


25,000.00


1898,


36,000.00


$64,000.00


$80,000.00


64,000.00


Total.


$144,000.00


The property of the sureties on the tax collector's bond was attached on the ninth day of June, 1900. A demurrer to the action was filed and arguments heard thereon in Feb- ruary, 1901. The demurrer was overruled. The court held that Mr. Marks had a right to bring the action. The claim for $144,000.00 was afterwards settled for about $21,750.00 net.


The foregoing committee made its report to a special town meeting held on the eighteenth day of July, 1900. Luke A. Lockwood read the report, after which the following resolution was passed:


I See Greenwich Graphic, June 16, 1900; Feb. 23, Mch. 23, and Nov. 2, 1901.


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Investigation of Town Affairs


Whereas the pending report was not made by authority of the town, and cannot be accepted by this meeting, and,


Whereas it appears from a reading of the same that it may contain information which may be of value to the proper officials of the town, or in connection with the litiga- tion now pending,


Therefore, Resolved, that said report be lodged with the town clerk, and by him held for the purposes herein referred to, and,


Resolved, that the committee making said report, appointed at the last annual meeting, be and the same is hereby discharged.


The third investigation into the management of the affairs of the Town of Greenwich was commenced in the fall of 1908, and at an adjourned annual town meeting held on the nineteenth day of October, 1908, it was:


Resolved, that the reports of the Town Treasurer, Treas- urer of the Town Deposit Fund, Health Officer, School Visitors, Tree Warden, and High School Committee, be accepted.


And it was further:


Resolved, that the Annual Report of the Selectmen be and the same is hereby referred to a committee consisting of Edwin H. Baker, Percy D. Adams, Nelson B. Mead, Herbert B. Stevens and Frederick A. Hubbard, to examine and report thereon to an adjourned meeting to be held on December 5, 1908, at 3 P.M., and that said committee are authorized to examine persons and papers to get desired information, all without expense to the Town of Greenwich.


At an adjourned annual town meeting held on the fifth day of December, 1908, it was voted that when this meeting adjourn it be to January 23, 1909, at 3 o'clock P.M.


Edwin H. Baker read and offered the report of the com- mittee appointed to examine and report on the Annual Report of the Selectmen, which was printed and distributed.


The report among other things stated the "condition of affairs worse than anticipated"; that the "revelations in this


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Ye Historie of Ye Town of Greenwich


report point to necessity for a further thorough investigation of the town's affairs"; that "this committee does urge, and cannot urge too strongly, that the details of this report to follow be received with the expectation of further and a more comprehen- sive examination into all departments of the town's affairs, and with a view to establishing, by appeal to the General Assembly, if need be, a better form of government, which may possibly be superior to any now existing elsewhere in the Commonwealth."


At the same meeting, it was:


Resolved that the Report of the Selectmen for the year ending September 1, 1908, and the report upon the same made at this meeting by the committee of five, and the report on funding the town debt, also made at this meeting by the committee of three, all be referred to a committee of twenty- eight, which made the committee (alphabetically arranged) as follows:


Adams, Percy D.,


Mead, Augustus I.,


Baker, Edwin H.,


Mead, Nelson B.,


Brush, Edward,


Mead, Silas E.,


Chapman, Edwin N.,


Moore, Charles A.,


Hubbard, Frederick A.,


Palmer, Frank T.,


Knapp, Nathaniel A.,


Quinn, Martin J.,


Lockwood, Luke Vincent,


Smith, William J.,


McCord, William H.,


Stevens, Herbert B.,


Mccutcheon, James,


Truesdale, William H.,


McNall, George G., Maher, John,


Walsh, James F.,


Walsh, R. Jay,


Mallory, Charles,


Wessels, William H.,


Marks, George E.,


Wills, Charles T.,


Marshall, Henry B.,


Wright, Wilbur S.


to consider and review the work of the two committees, and to take such action as in their judgment may make the same effective by inaugurating a better administration of public affairs in Greenwich. Said committee to choose its own officers and to have power to fill vacancies and to regulate its own proceedings, all without expense to the town.


297


Investigation of Town Affairs


At an adjourned annual town meeting held on the twenty- third day of January, 1909, Edwin H. Baker, chairman of the committee of twenty-eight, read the report of the com- mittee, which is spread in full on the minutes, and among other things it reported that "it was the unanimous opinion of your committee that the town government by a board of selectmen was ineffective, expensive, unbusinesslike, and a damage to the property interests of this community, " and proposed plans for a new form of government, which were signed by twenty-five of the committee of twenty-eight, two of whom signed by proxy.


At the same meeting, it was:


Resolved that the report of the committee of twenty- eight be accepted and that said committee be hereby author- ized to prepare a detailed form of government and report the same to an adjourned meeting to be held February 27, 1909, at 3 o'clock, P.M., and that said committee prepare, publish and distribute to the voters of the town a full statement of the form and operation of the proposed government by Feb- ruary 15, 1909.


At an adjourned annual town meeting held on the twenty- seventh day of February, 1909, the printed report of a major- ity of the committee of twenty-eight was submitted, and on motion it was voted:


That the vote on the adoption of the report of the com- mittee of twenty-eight shall be by check list, and that that part of the meeting be adjourned to Saturday, March 6, 1909, at I o'clock P.M., polls to remain open from I to 6 o'clock P.M.


At an adjourned annual town meeting held on the sixth day of March, 1909, pursuant to the foregoing, the voters of the Town of Greenwich by a vote of 549 for the adoption of the report, and 1112 against the adoption of the report, decided against the plan for the proposed new form of government, as submitted by a majority of the committee of twenty-eight.


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Ye Historie of Ye Town of Greenwich


Some of the promoters for a new form of government still kept busy and succeeded in having a call issued for a special town meeting to be held on the twenty-fifth day of March, 1909.


The objects for which the meeting was called were:


I. To consider and act upon the establishment of a Superin- tendent or Commissioner of Highways.


2. To consider and act upon the establishment of a Commis- sioner of Charities.


3. To consider and act upon the establishment of a Board of Estimate and Taxation.


4. To consider and act upon the election of selectmen biennially.


5. To take such action as may be deemed proper in the matter of town bookkeeping.


6. To consider and act upon the number of assessors here- after to be elected.


7. To limit the highway expenditures during the month of September in each year.


Pursuant to the foregoing notice a special town meeting was held on the twenty-fifth day of March, 1909. The meeting was called to order by the town clerk, and a mod- erator was chosen.


The call convening the meeting was read. None of the objects enumerated on the call were specifically considered, but on the other hand the following resolution was offered, entitled "An Act Establishing a Board of Estimate and Taxation in the Town of Greenwich."


"Be it Enacted: By the Senate and House of Repre- sentatives in General Assembly convened." Then follows the bill changing the form of government of the Town of Greenwich, which is spread in full on the minutes, which specifies of whom the Board of Estimate and Taxation is to be composed, and fixes their term of office, etc.


The question has been asked, "Did the call for this special town meeting give the ordinary intelligent voter notice that a bill changing the form of government of the Town of


299


New Form of Government


Greenwich was to be presented for consideration? If inadequate notice was given, was not the bill passed at an illegally held town meeting?"


An attempt was made to amend the bill as read, so as to eliminate some of its alleged objectionable features, which was voted down, and the bill was sent to the General As- sembly, as passed at the meeting. The bill was passed by the General Assembly in July, 1909, but in a much modified form, and signed by the governor on the twenty-first day of July, 1909. The proposed Board of Estimate and Taxation met within the time prescribed in the bill, and the bill then went into effect. It provided, among other things, for :


Sec. I. The fiscal year for the town to commence on the first Monday of September.


Sec. 2. For a Board of Estimate and Taxation, and Brown, William W., Mccutcheon, James,


Friedrich, Henry, Mead, Nelson B.,


Haight, Webster, Palmer, Frank T.,


Lockwood, Luke V., Palmer, Hamlin F.,


Lockwood, Nelson U,, Wills, Charles T.,


Marshall, Howard E., Wright, Wilbur S.,


shall constitute such a board and hold office until November 1, 1911, and until such others shall be elected and qualified, who shall be elected biennially thereafter.


Sec. II. Authorizes the town treasurer, under certain con- ditions, to borrow money in the name of the town, and give notes therefor.


Sec. 13. Selectmen to be elected biennially.


Sec. 14. A Superintendent of Highways.


Sec. 15. A Commissioner of Charities.


There have been many questions raised as to the legality and constitutionality of the foregoing bill, and at a special town meeting held on the second day of October, 1909, it was:


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Ye Historie of Ye Town of Greenwich


Resolved that the selectmen be and hereby are instructed to employ new counsel to take the necessary steps to test the constitutionality and validity of the Act of the Legislature of the State of Connecticut, entitled: "An Act changing the Government of the Town of Greenwich."


The highest court in the State of Connecticut has held: "Towns have no inherent rights. They have always been the mere creatures of the colony or state. The state possesses all the powers of sovereignty, except so far as limited by the Constitution of the United States."


The minutes of the town meetings fail to disclose that any action was taken on the recommendation of the com- mittee of five for a "further and a more comprehensive examination into all departments of the town's affairs."


BOROUGH OF GREENWICH.


Charter granted 1854, amended 1864 and 1866. Revised Charter granted 1881, amended 1886, 1889, 1893, 1897, 1905, and 1907.


The Borough of Greenwich was created by an act of the General Assembly, passed at the May Session, 1854, as follows:


Resolved, that all the electors of the state inhabitants of the Town of Greenwich in Fairfield County within certain bounds therein specified, be and the same are hereby or- dained, constituted and declared to be forever one body corporate and politic, in fact and in name, by the name of the Warden, Burgesses and Freemen of the Borough of Greenwich, and by that name they and their successors forever shall and may have perpetual succession, etc.


In pursuance with this charter a meeting of the freemen in the Borough of Greenwich was held at the town house in said borough on the tenth day of July, 1854, for the choice of officers and the transaction of other business. Robert W.


301


Borough of Greenwich


Mead was chosen clerk, and the oath of office was adminis- tered to him by Samuel Close, a Justice of the Peace in said borough. The following named persons were duly elected: Warden, William L. Lyon; Burgesses, Samuel Close, J. B. Curtis, Lewis Howe, Alvan Mead, Philander Button, and J. D. Steel.


The annual meetings for the election of officers and the transaction of other business were thereafter held on the second Tuesday in April in each year, until the Revised Charter was granted in 1881, when the annual meeting was changed to the first Monday in April.


In 1881, a Revised Charter was granted by the General Assembly, which was approved on the twenty-ninth day of March, 1881, and like the original charter has been amended several times. This Revised Charter gave the Warden and Burgesses the right to "open and lay out new highways, streets and public walks, and alter and repair the same, to discontinue streets and highways, or exchange the same for other highways and streets."


In the spring of 1897, a proposition was made to change the old road which ran northerly from Putnam Avenue along the brow of Put's Hill and which at one time formed part of the old Post Road, then known as Oak Street, so as to cor- respond with the present Church Road. The matter was brought before a meeting of the Warden and Burgesses held on the eighth day of June, 1897, and referred to the highway committee. An agreement was made between the Borough of Greenwich and Julia A. Button, the owner of the adjoining premises, whereby she was to deed to the Borough of Green- wich, as part of the consideration for such discontinuance of the old road and the acceptance of the new one, the parcel of land at the top of Put's Hill, now known as Putnam Park, as appears by the minutes of a meeting of the Warden and Burgesses held on the twenty-eighth day of June, 1897, viz .:


The matter of the change in roads at Putnam Avenue and Oak Street was discussed by F. A. Hubbard, R. Jay


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Ye Historie of Ye Town of Greenwich


Walsh, Charles Cameron and I. L. Mead, and others, who appeared before the board.


The following resolution was offered by Mr. Russell, and carried :


Resolved that Mrs. Philander Button be and she is hereby authorized and empowered to open and construct a public highway in the Borough of Greenwich from Putnam Avenue to Oak Street in accordance with the map made by S. E. Minor, Engineer, and in possession of this board, said way being of public convenience and necessity, and :


Resolved that when said highway is constructed accept- ably to the Board of Warden and Burgesses of this Borough, so much of Oak Street as is situated in this Borough between. the northerly terminus of said proposed road and Putnam Avenue will be by this board discontinued. It being repre- sented to this board and understood that in case the discon- tinuance of Oak Street will prevent the public on foot, or in carriages, from driving out on the bluff north of Putnam Avenue, that Mrs. Button will donate such land as may be sufficient to enable the public to so use said bluff.


The closing of this road, which at one time was part of the King's Highway, and which also included the place where General Putnam started on his ride down the cow- path when chased by the British, was strongly opposed by the old inhabitants. Some of them fearing that future com- plications might arise owing to a failure to obtain a proper deed to the present Putnam Park, obtained an injunction restraining the borough from taking the contemplated steps. The hearing was held on the eleventh day of January, 1898. The matter, however, was settled, Mrs. Button agreeing to deed to the Borough of Greenwich about a quarter of an acre of land on the crest of Put's Hill for a park in exchange for closing Oak Street, whereupon the injunction was vacated.


At a special meeting of the Warden and Burgesses of the Borough of Greenwich held on the seventh day of April, 1898, the above proposed road was accepted, as appears by the following resolution :


303


Putnam Park


Resolved that the way laid out and constructed by Mrs. Julia A. Button from Putnam Avenue to Oak Street in accordance with a former vote of the board be and the same is hereby accepted as a public highway, and that a map of the same be lodged with the clerk of this Borough, and the town clerk of Greenwich.


Resolved that the portion of the highway known as Oak Street lying between the land recently quitclaimed to the Borough of Greenwich by Julia A. Button and the junction of Oak Street with the new road leading from Putnam Ave- nue be and the same is hereby discontinued, and that no benefit be assessed, or damages awarded.


By a resolution of the Warden and Burgesses of the Bor- ough of Greenwich passed at a meeting held on the seventh day of November, 1899, the name of Oak Street was changed to Old Church Road.


During the year 1909, the Havemeyer family deeded to the Borough of Greenwich a triangular piece of land at the junction of Greenwich Avenue and Arch Street for the pur- pose of a public park, except the strip which was to be taken for the widening of Greenwich Avenue.


At a meeting of the Warden and Burgesses of the Borough of Greenwich held on the seventeenth day of August, 1909, the committee which had been previously appointed to pre- pare and submit a proper resolution of thanks, reported as follows :


At a meeting of the legal voters of the Borough of Green- wich, held at the Town Hall on the twenty-second day of July, 1909, the undersigned were appointed a committee to prepare a preamble and resolution of thanks to Mrs. Louisine W. Havemeyer and family, which they now present to this board for approval.


Whereas, Mrs. Louisine W. Havemeyer, with the family of the late H. O. Havemeyer, have by deeds of gift donated to the Borough of Greenwich a triangular parcel of land at Greenwich Avenue and Arch Street, and a strip of land along the westerly side of said avenue, the former for a public park, and the latter for highway purposes; and,


304


Ye Historie of Ye Town of Greenwich


Whereas, Mrs. Havemeyer heretofore united with her husband in the inspiration, direction, construction and equip- ment of the Greenwich School Building; and,


Whereas, these generous donors also contemplate the creation of a trust fund of $20,000 for the physical mainten- ance of said school building; and,


Whereas, these noble gifts are a perpetual memorial to Mr. and Mrs. Havemeyer, and of the Havemeyer family, whose unselfish interest in the public welfare has always been manifest, and whose generosity and philanthropy have been far reaching; therefore:


Resolved, that the thanks of the inhabitants of this com- munity be extended to Mrs. Havemeyer, and to the other members of the family of the late Henry O. Havemeyer, for this, their latest act of public benevolence, with a full assurance that the entire public has the kindest regard for the memory of him who has gone before, and the most grateful appreciation of those who remaining bear his name.


Frederick A. Hubbard, - George S. Ray, Committee on Resolu- tions.


Joseph H. Lockwood.


Resolved, by the Warden and Burgesses, that the fore- going preamble and resolution be adopted and made a matter of record, and that the same be engrossed and for- warded to Mrs. Havemeyer.


The Fire Department was organized on the seventh day of April, 1879, and by-laws were adopted for the government of the same.


In July, 1896, the Gamewell fire alarm system was installed in the Borough of Greenwich, and in December, 1896, it was extended to Belle Haven, Rocky Neck, and Chickahominy.


The Police Department was organized in June, 1896, with William E. Ritch, Chief, who now has nine men under him.


The Health Department was organized in May, 1897, and Dr. Leander P. Jones was the first Borough Health Officer.


305


Borough of Greenwich


The first brick pavement in the Town of Greenwich was laid on Greenwich Avenue in 1903, from Putnam Avenue to Lewis Street; from Lewis Street to Havemeyer Place in 1906; and from Havemeyer Place to Railroad Avenue in 1908.


Indebtedness.


Annual Report for 1882. $ 5,806.85


Annual Report for 1892. 41,942.90


Annual Report for 1911, bonded. . . $147,000.00


notes. .143,500.00 290,500.00


20


CHAPTER XIV.


COURTS-INCIDENTS AND MODES OF LIFE OF THE EARLY SET- TLERS-A JOURNEY BY STAGE IN 1826-MARKET BOATS- STEAMBOATS-RAILROADS-TROLLEY ROADS-BUSINESS CENTRES-INDUSTRIES-NEWSPAPERS-LAWYERS-PHY -. SICIANS-HOSPITALS-FIRE COMPANIES-LIBRARIES- PUBLIC SCHOOLS-PRIVATE SCHOOLS-CHURCHES-HO- TELS-SOCIETIES AND CLUBS.


COURTS.


THE earliest form of government in the Colony of Connecticut was based upon the commission granted by the General Court of Massachusetts Bay Colony on the third day of March, 1636, which soon proved to be inadequate, and a convention, or popular assembly, was held at Hartford on the fourteenth day of January, 1639, at which was adopted the first Constitution of Connecticut.


The General Court exercised legislative as well as judicial functions and in it was vested the supreme power of the com- monwealth. It consisted of two parts, the same as the General Assembly, but called respectively magistrates and deputies. They, as well as all other colonial officials, except commissioners, who were appointed by the General Court, were elected annually by the freemen of the colony. It had original civil and criminal, as well as appellate, jurisdiction.


During the month of February, 1638, an inferior court


I Judicial and Civil History of Connecticut, by Hon. Dwight Loomis and J. Gilbert Calhoun, published in 1895.


306


307


Courts


called a "Particular Court" was created for the trial of petty civil and criminal cases, and in 1647, the governor, or deputy- governor, with two magistrates, or three magistrates were appointed by the General Court to preside at the Particular Court. These officials had previously been elected by the freemen of the colony, and the General Court simply desig- nated who of its members should preside at this court.


A Town Court was also soon created, which had only lim- ited jurisdiction. These were the courts under the first Constitution, and appeals, where allowable, were taken to the General Court. In 1643, provisions were made for the first grand jury


A settlement in the New Haven Colony was made by a company of planters from Boston at New Haven in the spring of 1638, who soon after formed a civil compact among themselves. On the fourth day of June, 1639, the first meeting of all the free planters was held, and on the twenty- fifth day of October, 1639, the first civil court was organized, and a few days later the General Court was established, sub- stantially the same as the one at Hartford.' On the twenty- third day of October, 1643, the General Court adopted a general constitution, declaring among other things "that none shall be admitted to be free burgesses in any of the plantations within this jurisdiction for the future, but such planters as are members of some or other of the approved churches in New England," and established the Court of Magistrates, and the Plantation Courts. When Greenwich became part of the New Haven Colony, in 1650, it was con- sidered a part of the Town of Stamford, and as such was under the immediate jurisdiction of the courts established by that colony. Later these courts came under the jurisdiction of the Colony of Connecticut.




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