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Ex Libris HENRY-SILL-BALDWIN
Vestigia Millo Retrosum
PONTEN FECIT
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River
SINYd S
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Incoupons
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REBVILT IN IODAYS OPENED JVLY 18,1921:A.
AR
THIRTY -SIXTH
ANNUAL REPORTS
OF THE
TOWN OF SWAMPSCOTT,
FOR YEAR ENDING FEB. 29, 1888.
D
SETTLE
A.D. 1629.
INCOR
TT. A. D. 1852.
ORATED
DAS
SWAN
LYNN : PRESS OF G. H. & W. A. NICHOLS. 1 888.
THIRTY -SIXTH
ANNUAL REPORTS
OF THE
TOWN OF SWAMPSCOTT,
FOR YEAR ENDING FEB. 29, 1888.
SETT
A.D. 1629
INCORF
TT. A. D. 1852
RATED
SWAM
LYNN : PRESS OF G. H. & W. A. NICHOLS, 1 888.
357
66- 3221
TOWN OFFICERS-1887-88.
Selectmen.
JOHN H. FARWELL.
EDWARD H. THOMAS. J. ROSWELL WIDGER.
Town Clerk. GEORGE T. TILL.
Treasurer. BENJ. O. HONORS.
Assessors.
PELEG GARDNER, 1888. JOHN CHAPMAN, 1889. D. HOLMAN MILLETT, 1890.
Collector of Taxes. MICHAEL P. CARROLL.
School Committee. *CHARLES A. MORRIS, ISS8. ¡CHARLES P. JEFFERS, ISSS. ROBERT B. WARDWELL, 1889. REUBEN B. JORDAN, 1890. * Since deceased. t Appointed to fill vacancy. Overseers of Poor. JOHN A. ROGERS, 1888. JOHN WASHBURN, 1889. GEORGE .T. MELZARD, 1890.
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TOWN OFFICERS.
Board of Health.
JOHN I. ADAMS. CHARLES E. HARRIS. WILLIAM H. COLLINS. Auditors.
CHARLES H. TILL. AUGUSTINE W. RICH, 2D. CHARLES G. ROWELL.
Surveyor of Highways. J. P. M. S. PITMAN. Constables.
JAMES WHEELER. SETH C. KENDRICK. JOHN S. HIGGINS.
Fence Viewers.
PELEG GARDNER. ISAIAH ALDEN.
Field Drivers.
THOMAS WIDGER. EBEN S. MARTIN. + HENRY L. MUDGE. #Since removed from town.
Surveyor of Lumber. SAMUEL HORTON.
Measurer of Wood and Bark. SAMUEL HORTON.
Trustees of Library.
B. W. REDFERN, 1888. FRANK F. STANLEY, 1889. CURTIS V. MERRITT, 1890.
Pound Keeper. THOMAS WIDGER.
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TOWN OFFICERS.
APPOINTED OFFICERS.
Librarian. Miss S. L. HONORS.
Assistant Librarians.
EDDIE W. HAWES. *WILLIS BAIN. ĮEDWIN KEAY.
*Recently resigned.
#Appointed to fill vacancy.
Police.
SETH C. KENDRICK, Chief. W. HARRY PROCTOR.
Special Police.
J. P. M. S. PITMAN. CHARLES E. HARRIS. EVERETT E. HUSSEY. CHARLES PITTS. E. P. ALLEN.
STEPHEN A. RANDALL. L. CHESTER SMITH.
DANIEL F. KNOWLTON.
WINFIELD S. KENDRICK. GEORGE M. CONNOR.
Town Weigher. THOMAS PEDRICK.
MMilk Inspector.
CHARLES E. HARRIS.
REPORT OF SELECTMEN.
TO THE CITIZENS OF SWAMPSCOTT :
WE herewith present to you our report comprising our duties during the past year. We have endeavored to briefly state the important events that have come before us for action.
Our recommendations, we trust, will be kindly received and favorably acted upon.
APPROPRIATIONS.
The vote of the Town instructing the Selectmen to draw no orders upon the Treasurer in excess of the amount appro- priated for the several departments, (bills contracted by the Overseers of the Poor alone being excepted) has been com- plied with. While we believe this action on the part of the Town has been beneficial by restricting expenditures in cer- tain directions, particularly the Highway department, it also gives prominence to the fact that the appropriations in general are not commensurate with the actual needs of the departments.
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REPORT OF SELECTMEN.
The following list will inform you of the amounts remain- ing unpaid in the several departments which have already been presented.
School Department
$200 00
Fire Department
150 00
Police Department 50 00
Selectmen's Department .
500 00
Town Hall
175 00
$1,075 00
CONTRACT FOR WATER SUPPLY.
At a special Town meeting held September, 1887, the Selectmen were instructed, by vote of the Town, to renew the contract made with the Marblehead Water Company for a term of ten (10) years, upon the same terms and conditions as made in said Company's contract with our Town, dated October, 1886, for one year.
The following is a copy of the original contract together with the additional clause for renewal :
[COPY. ] CONTRACT WITH MARBLEHEAD WATER CO.
" This agreement made this 27th day of September, A.D., 1886, by and between the Town of Swampscott, a municipal corpora- tion, located in the County of Essex, Massachusetts, and the Mar- blehead Water Company, a corporation duly established under the laws of the State of Massachusetts,
" Witnesseth, That, whereas the said Town, at a meeting duly called and held on the 25th day of September, A.D., 1886,
" Voted, That the Selectmen be authorized and instructed to make a contract with the Marblehead Water Company, within thirty days, for a supply of water for all purposes, for a term of one year, in accordance with the proposition submitted by said Company, with the privilege of renewing the said contract at the option of said Town, at the expiration of said contract for
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REPORT OF SELECTMEN.
one or more years, and, provided, that the rates charged by said Marblehead Water Company shall not exceed those of its sched- ule of 1885, and
" Whereas, Said proposal was as follows, viz. :
September 23, 1886.
To J. H. FARWELL, EsQ., Chairman Selectmen of Town of Swampscott :
Dear Sir,-In answer to your request for what terms the Marblehead Water Company would supply water to the Town of Swampscott, I am authorized to say, in behalf of the Company, that they will furnish water for fire purposes and sprinkling streets, on Town line of pipe already laid, free of charge, providing, that the Company shall have the use of said pipes for domestic service and the right to connect with them to make further exten- sion. They will further agree to lay service pipe to the line of the sidewalk without charge for material, and to keep in repair the Town pipe.
Yours truly,
W. C. McCLALLAN."
"Now, therefore, in pursuance of said vote and proposal, the Marblehead Water Company agrees to furnish to said Town for one year, from the Ist day of October, 1886, on the Town's line of pipe already laid, water free of charge for fire purposes and sprinkling streets.
"And said Company further agrees to furnish during the term of this contract, the said Town and its inhabitants water for all other purposes, at rates not exceeding those charged in its sched- ule for the year 1885, a copy whereof is hereto annexed marked, 'A,' and made a part of this contract.
" Said Company further agrees to lay service pipe to the line of sidewalk without charge for material, and agrees to keep in repair the Town's pipes.
" The said Town agrees that the said Company shall have the right to use, during the continuance of this contract, the pipes already laid by said Town, and the right to connect with them to make further extensions.
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REPORT OF SELECTMEN.
" The said Company agrees to hold the Town harmless from all damages which may be suffered by reason of any defect in the highways caused by the construction. repair, or operation of the said Company's works. or the pipes laid in the streets of said Town, and any extension thereof.
" Nothing herein contained shall be construed so as to impose any obligation upon said Town to pay for the water which may be furnished by said Company to or used by its inhabitants, for their private supplies, or for any expense for labor done, or material furnished by it under this contract, in laying service pipe for the accommodation of such inhabitants, but such Company shall col- lect its compensation therefor, from such individual takers, at its own expense.
" This contract may be renewed for one year or more at the option of said Town.
" In witness whereof, on the day and date first above men- tioned, the Town of Swampscott has caused its corporate seal to be hereto affixed, and these presents to be executed in its name and behalf, by its Selectmen, and the Marblehead Water Com- pany has caused these presents to be executed in its name and behalf, and its corporate seal hereto affixed by its President, Thomas Appleton.
MARBLEHEAD WATER COMPANY,
[SEAL.]
By THOMAS APPLETON, President.
TOWN OF SWAMPSCOTT,
[SEAL. ]
By J. H. FARWELL. - EDWARD H. THOMAS, Its Selectmen."
J. R. WIDGER,
" Whereas, in a certain agreement made the 27th day of September, A.D., 1886, by and between the Town of Swampscott, and the Marblehead Water Company, it is provided as follows : that ' The said Town agrees that the said Company shall have the right to use during the continuance of this contract the pipes al- ready laid by said Town and the right to connect with them to make further extension.'
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REPORT OF SELECTMEN.
"And. Whereas, contrary to the intention and true meaning of said agreement, it has been by some persons erroneously supposed and suggested that said Company by the terms of said agreement were given, had or claimed to have an exclusive right to connect with said pipes to make further extensions as against the right of said Town so to connect therewith.
"Now, therefore, that there may be no doubt as to the mean- ing and construction of said agreement, the said Company here- by declares that said agreement shall be construed as only to give said Company permission so to connect with said pipes whenever said Town shall not have already connected therewith for such purposes, or when said Town shall not desire so to connect there- with for such purposes.
"And said company hereby expressly waives all exclusive right, if any it has, but which it has not heretofore and does not claim to have, under said agreement. to connect with said pipes for such purposes.
"In witness whereof, the Marblehead Water Company has caused these presents to be executed in its name and behalf, and its corporate seal hereto affixed by its Treasurer. Thomas H. Ba- . con, this 2d day of April, A.D., 1887.
SIGNED,
MARBLEHEAD WATER COMPANY,
[SEAL.]
By THOMAS H. BACON.
"This agreement, made this 27th day of September, A.D., 1887, by and between the Town of Swampscott, a municipal corpora- tion located in the County of Essex, in Massachusetts, and the Marblehead Water Company, a corporation duly established under the laws of the Commonwealth of Massachusetts,
.. Witnesseth, That, whereas, on the 27th day of September, A.D., 1886, the parties hereto entered into an agreement for a water supply all as therein provided, and whereas, it is therein stipula- ted as follows, viz. : "This contract may be renewed for one year, or more, at the option of said Town.
"And, whereas, at a legal meeting of the inhabitants of said Town, held on the 24th day of September, current, it was 'voted,
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REPORT OF SELECTMEN.
That the Selectmen be authorized and instructed to renew the contract now existing with the Marblehead Water Company, for a term of ten (10) years from October Ist. 1887.'
"Now, therefore. in accordance with the foregoing, it is here- by agreed that said contract, or agreement, for a water supply. dated September 27th, A.D., 1886, and all the provisions thereof, are hereby renewed and extended for the term of ten (10) years, from the Ist day of October, A.D .. ISS7.
" In witness whereof, on the day and date first above written. the Town of Swampscott has caused its corporate seal to be here- to affixed, and these presents to be executed in its name and behalf, and its corporate seal hereto affixed by its President, Thomas Appleton.
MARBLEHEAD WATER COMPANY,
[SEAL. ]
By THOS. APPLETON, President.
WITNESS,
B. J. BERRY.
TOWN OF SWAMPSCOTT,
[SEAL. ]
Its By J. H. FARWELL, EDWARD H. THOMAS, J. R. WIDGER, Selectmen."
WITNESS,
GEO. A. BLANEY.
We believe that this contract is particularly advantageous to the Town from a financial point of view, and settles for a term of years the much discussed question of a water supply, which for many years has been a prominent feature of our annual Town meetings.
EXTENSION OF WATER MAINS.
The Selectmen were instructed by vote of the Town at the adjourned annual March meeting, to extend the water pipes from Redington Street through Rockland to Highland Streets, and Fifteen Hundred Dollars ($1,500) was appro- priated for this purpose.
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REPORT OF SELECTMEN.
Later the Town voted to extend mains through Beach Bluff Avenue, and appropriated Twenty-five Hundred Dol- lars ($2,500) for this extension.
We contracted with W. C. McClallan, Esq., of Boston, to do this work, the total cost of which was Thirty-six Hundred and Forty-eight Dollars and Thirty-nine Cents ($3,648.39) including fire hydrants, gates, etc.
CLAIMS AGAINST THE TOWN.
The suit for damages of Mrs. Mary A. Foss, of Lynn, for injuries received on Atlantic Avenue during the summer, 1886, has been compromised by the payment of One Hun- dred Dollars ($100).
While we were confident that there was no liability on the part of the Town for the injuries received by the plaintiff, we preferred this method of settlement to the long and expensive litigation which would have otherwise ensued.
We have also paid to James Hanley the sum of Seventy- five Dollars ($75) in settlement for the damage to his prop- erty by the Surveyor of Highways (in 1884) in taking gravel from his land adjoining the gravel-pit leased by the Town from Mr. Hanley.
CONCRETE SIDEWALKS AND CURBSTONES.
Many of our citizens do not, we feel, fully appreciate the liberal inducements granted by the Town to furnish us with good sidewalks by paying one-half of the expense of furnish- ing and setting edgestones and laying concrete. We hope to see, the coming year, a large amount of this work done, and would recommend that our successors notify the real estate owners (by circular letter) who pass the summer months with us, of the vote passed by the Town in these de- partments, and solicit applications for doing this work.
The sidewalk in front of the Town Hall has been curbed, and concrete walk laid, which add materially to the appear-
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REPORT OF SELECTMEN.
ance and surroundings of the building. We recommend the usual appropriation.
STREET LAMPS.
Our Street Lighting has been under charge of the Globe Gas Light Co., of Boston, and we have contracted with them until May first of the current year for doing this work.
The appropriation for the maintenance of this department we trust will be granted.
STREET SIGNS AND GUIDE BOARDS.
We have caused to be erected sign posts and signs, which have been marked with names of Streets, Avenues, Courts, and Private Ways, together with names of adjoining cities and towns, and arrows indicating direction to same. This public improvement we think cannot fail to be appreciated by our residents.
REMOVING SAND FROM BEACHES.
The Selectmen were instructed by vote of the Town, to prosecute all parties for removing sand from the beaches.
This matter was given to our counsel, George A. Blaney, Esq,, with instructions to proceed at once, and the Grand Jury in May last found an indictment against John McDon- ough, which was duly returned, and he thereupon pleaded not guilty, an agreement was made that no sand should be removed from the beach by the parties against whom this proceeding was brought, or by William Seger, pending the determination of this question. The facts of the matter have been substantially agreed, so that the Supreme Court for the Commonwealth may be able to determine the scope and meaning of the Statute, on which the prosecution was founded.
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REPORT OF SELECTMEN.
It is considered that the determination of this question is of more importance than a conviction in a case upon facts which would leave the question of law open.
The matter cannot reach the highest court before Novem- ber.
POLICE.
This department has been under the charge of Seth C. Kendrick, as Chief, and his report in detail may be found elsewhere. During the summer, we were petitioned to in- crease the number of officers, owing to several acts of burg- lary having been committed in Town. Messrs. (W. S.) Kendrick and Pitts, special officers for night patrol, were added to the force-good order has generally prevailed throughout the Town during the year.
At a special Town meeting held September 27, the sum of Three Hundred and Fifty Dollars ($350) was transferred from the unexpended balance of the appropriation for Curb- stones to meet the additional expense for special officers.
STONE CRUSHER.
By vote of the Town the Selectmen were instructed to hire a stone crusher, and Three Hundred Dollars ($300) was ap- propriated for the purpose of experimenting with the mate- rial produced by these machines, for repairing the highways.
Mr. Edward Adams, of North Andover, was employed to do this work, but owing to illness, was unable to furnish the material early in the season, when it was needed for repair- ing the roads, and a small portion only has been used.
We are confident for repairing or building our highways, this material cannot be excelled.
CEMETERY WELL.
The Town voted to place a well in the Cemetery and One Hundred Dollars ($100) was appropriated for this purpose. The Superintendent of the Cemetery and Messrs. Farwell and
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REPORT OF SELECTMEN.
Widger of the Selectmen, located the proposed well near the railroad side of the Cemetery on the division line of the old and new portion.
Mr. Crosman was given authority to contract for the work, and Messrs. Beckett and Flint, of Lynn, were employed to drive a well for the sum of Sixty Dollars ($60) and guarantee a supply of water. Upon completion of the well Messrs. Farwell and Crosman approved of the work as done, and payment was made for same. The supply of water proved to be only temporary, and owners of lots appealed to us to furnish a supply of water as contemplated by the petitioners.
We employed Mr. Daniel J. Myers to dig a well near the centre of the new portion, and used the unexpended appro- priation in part payment. The balance was charged to the Selectmen's department. This well has proved to be ample for all demands required of it.
RAIL FENCES.
We have caused to be erected on Burrill and Humphrey Streets, rail fences, and also repaired the beach railings.
The localities protected by these fences were particularly dangerous, in our judgment, and liable to involve the Town in claims for damages. There are fences that should be built the coming year : we refer to Danvers Street on the railroad side near the bridge, and also, to the westerly side of Pine Street from New Ocean Street to the school-house, and some other fences on the outskirts will need repairing.
We would recommend that Five Hundred Dollars ($500) be appropriated for this purpose.
PETITION OF LYNN AND BOSTON RAILROAD CO.
We received petitions from this Company for the location of a double track from Monument Square to their stables
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REPORT OF SELECTMEN.
near the Lynn line, also, permission to extend their track front Essex Street, at the junction of Burrill Street, to the Salem line.
We notified parties in interest that a hearing would be held.
No one at the hearing favored or opposed the first-named petition, but later we received a remonstrance against grant- ing this petition, and we notified the petitioners granting them leave to withdraw.
The last-named petition the Selectmen granted permission to the Company to extend, provided operations were com- inenced on or before April Ist, of the current year.
MAJORITY REPORT.
The Chairman of the Selectmen (Col. Farwell) declined to write or aid his associates in preparing a report to be sub- mitted to the Town, at the annual meeting, and we herewith present this as a majority report, and trust it will meet with your approval.
Respectfully submitted,
EDWARD H. THOMAS, ) Selectmen of J. ROSWELL WIDGER, S Swampscott.
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REPORT OF SELECTMEN.
MINORITY REPORT-SELECTMEN'S DEPARTMENT.
TO THE CITIZENS OF SWAMPSCOTT :
I AM aware that I am departing from the usual course pursued in this Town in presenting a Minority Report, but circumstances which have occurred during the past half year justifies me, in my opinion, in this departure. I have been strengthened in this opinion by repeated requests from many of my friends to take this course instead of resorting to the columns of the newspaper press.
It is well known there has not been that harmony in our Board which is quite necessary for the faithful discharge of the manifold duties imposed upon a Board of Selectmen for a town like Swampscott, with its outlaying districts. This in- harmoniousness first showed itself in September last on the occasion of issuing the Town Warrant of that month for a special Town meeting, the facts of which are as follows :- Three weeks before the said meeting, I, as Chairman, called attention to the issuing of the Warrant, and the matter was discussed. I was asked what was to go into it, and I replied, to see what action the Town would take in regard to making a contract for a Water Supply for the Town for a term of years ;- for procuring a suitable Gravel Pit ;- for additional appropriations for several departments, and to see what ac- tion would be taken as to obtaining a Stone Crusher. The subject of the crusher was opposed by both of my associates, and they were unwilling to allow it to come before the voters for their action, which I insisted on as it had been before them for a long time, and a committee had reported favor-
3
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REPORT OF SELECTMEN.
ably on crushed rock for our roads; and it was simply for the voters to decide if they would buy a machine or hire one, or reject it altogether. Whatever decision the Town should make it would be satisfactory to me, but I thought it should be brought before the voters for their decision. My opinion is that the Town cannot afford to do without a stone crusher, particularly, as we have an almost inexhaustible supply of rock on the ground to keep it running for years, and that supply all the time accumulating. After many arguments it was mutually agreed to leave the matter open until the next regular meeting on the following Saturday evening. At that next meeting after the routine business was disposed of, I called up the unfinished Warrant, and was coolly told it was already completed, and a printed copy handed me with my name printed on it as endorsing it, when I had never signed nor ever seen the original copy. We had much argument on the subject and it was finally agreed we would have one more conference on it the next Wednesday evening. On our as- sembling as per agreement I found but Mr. Widger present, who, on my taking my seat handed me the printed Warrants ready for posting with my name printed in the usual place. To say that I was greatly surprised at this second violation of right and courtesy will not be denied by a discriminating and fair dealing public. On calling for the cause of this singular proceeding, I was informed by Mr. Widger, that as he and Mr. Thomas did not want any article in the Warrant about the stone crusher they concluded to issue it at once, presum- ably, not caring whether I approved it or not. On asking what this meeting was called for if not to complete the War- rant, (as agreed upon on the previous Saturday evening), I was told, it was " to sign the original Warrant," thus prac- tically ignoring my having any agency in its issuance. I waited in my seat some minutes but was not presented the original to sign, nor have I ever seen it. My name was printed on the Warrants, but as they were not " true copies"
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REPORT OF SELECTMEN.
were covered over with white paper as was seen, and hence I am called upon for this explanation.
CEMETERY WELL ..
At our last annual inceting One Hundred Dollars ($100) was appropriated for a second well for the use of lot owners for sprinkling or other purposes. We made inquiries and found the well could be dug and stoned up for the appro- priation, but to put in a pump and platform would exceed the appropriation, (which by a vote of the Town the Select- men were prohibited from doing,) consequently, we investi- gated the driven well principle and found one could be driven, completed, for Sixty Dollars ($60). This we decided to do, and authorized Mr. John H. Crosman, the Superintend- ent of the Cemetery to contract for it. The next question was the location. A call was made for a conference on the subject, at the Cemetery ; on assembling for this purpose were present Mr. Crosman, (the Superintendent,) Mr. Widger and myself, Mr. Thomas not being present. On our meeting Mr. Crosman at the gate, I asked him if he had a location to recommend, and he took us to a spot which he considered the most desirable one. After mature delibera- tion Mr. Widger and myself coincided with him and the well was then and there located by the unanimous consent of all present, and as I supposed, was perfectly satisfactory. The well was driven and was examined by Mr. Crosman and my- self. With the exception of sand which was brought up with the water, (a fault which is common to all driven wells until a cavity is formed around the strainer,) the well was satisfac- tory and accepted. Mr. Crosman approved the bill and it was paid. Here I supposed our duties ended and that we had saved Forty Dollars ($40) of the appropriation, but I was quickly undeceived, for I soon learned my associates of the Board of Selectmen, without my knowledge or consulta- tion with me, their Chairman, had ordered a THIRD WELL,
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REPORT OF SELECTMEN.
to be dug, which was completed and paid for, every order on the Treasurer but one being drawn out of regular business hours, and paid before my arrival at the Selectmen's rooms. The one exception I declined to sign, as I had no part in contracting for it, knew nothing about it, and there being no appropriation to meet it. The Auditor's report will give the details which I have not at hand at present writing. To all my inquiries why the third well was ordered the reply came from Mr. Thomas that we didn't like the location of the other one. Now as the location was made by the unanimous consent of all present you can perhaps see where the laugh comes in.
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