USA > Massachusetts > Essex County > Newburyport > City Officers and the Annual Reports to the City Council of Newburyport 1882 > Part 7
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ARTICLE 5. When any member of the department is injured
105
REPORT OF CHIEF ENGINEER.
while in the discharge of his duty, in such a manner as to entitle him to relief, he shall make application to the board of trustees, stating the extent of his injuries, the company to which he belongs, and the time and place where the injury was received.
ARTICLE 6. When an application for relief has been made to the trustees, the chairman shall, within one week, call a meeting of the board, and, after an examination of all the circumstances con- nected with the application, shall, in their best judgment, award such a sum or sums as the case demands.
ARTICLE 7. It shall be the duty of the trustees to keep an ac- curate account of the state of the fund, and make a statement an- nually, in one of the papers of the town, naming the amount, if any, appropriated.
ARTICLE 8. The trustees shall have power to call a meeting of the department at any time when they choose to submit a case for their consideration rather than abide by their own judgment.
ARTICLE 9. The present articles of compact shall not be altered or amended unless at a meeting of the department called for that purpose.
ARTICLE 10. No meeting of the department shall be called by the trustees for any purpose except those provided for in articles fourth and eighth, unless petitioned for by five members of each company.
Respectfully submitted,
EDWARD P. RUSSELL,
CHIEF ENGINEER.
REPORTS
OF THE
CITY SOLICITOR,
AND
CITY MARSHAL
1882.
REPORT OF THE CITY SOLICITOR.
OFFICE OF CITY SOLICITOR, December, 1882
To the City Council:
GENTLEMEN :- In compliance with the ordinance, I have the hon- or to submit a report of the business of this office during the past year. At the beginning of my term of office there were pending the following actions in which the City of Newburyport was a party :
1. City of Newburyport vs. Town of Worthington.
2. Pearson vs. City of Newburyport.
3. Town of Douglas vs. City of Newburyport
Newburyport vs. Worthington. This action was brought under the law giving military settlements, Statutes of 1878, chapter 190. It was carried to the Supreme court. on an agreed statement of facts, was argued three times, and the City received a decision in its favor.
Pearson vs. Newburyport. This was an action of tort, begun in September, 1881, and made returnable to the Superior court for Middlesex county ; the action was made returnable in the wrong county. but by the consent of my predecessor, was transferred to Essex county, and was settled, without trial, at the September term of the Superior court, by the payment of $75, without costs ; this amount was paid by the Newburyport Water Company, the defend- ants, in fact, in accordance with the terms of their contract with the city whereby they agree to hold the city harmless from all dam
14
110
REPORT OF CITY SOLICITOR.
age arising from the default of said company while constructing their works, or in operation of the same.
Town of Douglas vs. Newburyport. This is an action of contract and was commenced in August, 1881, and entered in the Superior court for Worcester county, in the November term of that year. The amount declared on by the plaintiff's is about $200, and is for the support of Rev. J. W. C. Pike, who is alleged to have been aid- ed as a pauper, and to have had, at the time, a settlement in New- buryport. The declaration has been demurred to, and also an- swered in bar by my predecessor. From a careful examination of certain papers furnished me by the State Board of Charities, I am led to believe that at the time when the aid is claimed to have been rendered, Pike had no settlement in Newburyport but had gained one elsewhere. The action thus far has not been placed on the trial list by the plaintffs, and the present indications are that it will never reach that point, but that an entry of "neither party" will eventu- ally be made.
The foregoing is a brief statement of the cases pending at the time I entered upon the duties of my office, since that time the fol- lowing actions in which the city is a party, have been commenced :
The Eagle Odorless Company vs. City of Newburyport. This is an action of contract brought in the Superior court for Suffolk county, and made returnable in April, 1882. The plaintiff seek to recover from the city the sum of $4,000 for an alleged breach of a contract made with the Board of Health of this city. The declar- ation, which is very lengthy, has been demurred to, as well as an- swered by a general denial. A complete statement of this case would occupy more space than a report from this office would seem to require ; nor do I deem it advisable, as a general rule, for the city to make public, before trial, the nature of the defence on which it relies in actions pending in the courts. A trial in the above case will probably be had during the early part of next year.
In February of this year the city received notice of a hearing before a committee of the Legislature, (Harbors and Public lands), on a petition to widen the draws in the several bridges over the Merrimac river, etc. I attended that hearing, for the city, and the question of liability respecting the Eastern Railroad draw pier, was raised, and a claim made that the city, seven years previous, agreed to re-build the draw pier, and was, therefore, bound to re-
111
REPORT OF CITY SOLICITOR.
pair it at this time. The city denied all liability, either present or past, in the premises, and refused to have any thing to do in the matter, either in the way of repairing or rebuilding. The Board of Harbor Commissioners thereupon prepared a mandatory bill. com- manding the Eastern Railroad to rebuild the draw pier in a sub- stantial manner, according to a plan to be approved by the commis- sioners, the cost of rebuilding to be paid in the first instatce by the Eastern Railroad, they to have the right to collect from the city, an equitable proportion of said cost. The bill in that form did not pass the Legislature, although very singularly, it had the approval of the committee. The bill was amended in such a way as to leave the question of liability, if any exists, to be determined by three commissioners appointed by the Supreme court whose award in the premises shall be final, Acts of 1882, chapter 206. The Supreme court have appointed as commissioners, in accordance with the pro- visions of the act, Hon. George F. Choate, of Salem, Hon. Samuel D. Tenny, of Chelsea, and Mr. Herschel, of Holyoke. The work on the draw pier has been finished, and doubtless the commissioners will have a hearing early next year.
Thankful I. Wentworth vs. City of Newburyport. This is an action of tort brought in the Superior court for Essex county, and entered in the present December term ; the plaintiff claims damages to the amount of $4,000, for injuries received from an alleged defect in the highway on Merrimac court. The accident occurred on the twenty- second day of April of the present year. Two attempts were made by the Committee on Claims to have a hearing in the case, but were unsuccessful ; at the first meeting of the committee the plaintiff was not present, either personally or by counsel, and the committee adjourned at the second meeting, held in mid-summer, there was not a quorum of the committee present, so nothing was accom- plished. It would seem advisable for the Committee on Claims to appoint another hearing in this case in order to enable the City Council to judge of the merits of the action, for as the matter now stands, I am unable to give any satisfactory exposition of the facts in the case, or the city's legal position.
There remains but one other action pending in the courts in which the city is a party, viz., the suit brought at the last November term of the Supreme court by the Newburyport Water Company, but as I have been relieved of all care and control of that case by the or-
112
REPORT OF CITY SOLICITOR.
der passed by the city Council giving to a joint special committee the entire management of the case including its preparation for trial, etc., I will refrain from any further report upon it, lest I should trespass on the rights of the committee, whose report, doubt, less, will give the true position of the city under the contract as re- spects the questions of law at issue, and will be as interesting as it will be valuable to the city.
At the request of His Honor the Mayor and the Board of Alder- men, I have acted as counsel for the Commonwealth in the prosecu- tions brought in the Police court for violation of the liquor law. Twelve convictions have been obtained, and in six of the cases tried the defendants were represented by counsel, from the fact that cases of this nature are not within the duties required by the ordinance, of the city Solicitor, as such, a further mention of them here is unnecessary. There have been besides these cases during the year, two actions in the Police court for violation of the city ordi- nances, in both cases a conviction was obtained.
An ordinance having reference to the duties of assessors in re- gard to annual return of persons exempt from taxation has been prepared. The past year has been one in which the services of this office have been frequently required, more so, perhaps, than during any previous year since its creation, opinions, written and oral, have been given to the Board of Health, Committee on Claims, Committee on Highways, Committee on Fire Department, and sev- eral other of the joint standing committees of the city Council. I have frequently been called upon to advise the mayor, city clerk, clerk of overseers of the poor, city marshal, and other officers of the city, but no reference thereto in detail seems to be required in this report.
In conclusion I desire to express to the gentlemen connected with the City Government my grateful acknowledgements for such assistance and co-operation as I have had occasion to ask of them in the discharge of my duties.
Respectfully submitted,
JOHN C. M. BAYLEY,
REPORT OF THE CITY MARSHAL.
To His Honor the Mayor and City Council of the City of New- buryport :
GENTLEMEN-I have the honor to submit this my first annual report of the doings of the police department for the year ending December 31, 1882, showing the present strength and condition of the force, together with such other information concerning police matters as is deemed of interest to the citizens of Newburyport.
At the present time the force consists of 1 marshal, 1 assistant marshal, 1 captain of the watch, 2 day, 7 all night, and 2 half night officers.
POLICE STATION
Great changes are needed at the police station. The cells are in a very bad condition ; poorly ventilated, dark and damp. The officers' room is altogether too small for the present force. We have no way to separate juvenile and female prisoners from the males, which is a matter of great importance, as the contaminating influences that follow the co-mingling of these classes is very inju- rious, and should be remedied as soon as possible. A plan has been offered for the remodeling of the Market House, thereby giv- ing better police accommodations, which I hope will be carried into effect, for it is my opinion that the time has arrived when public necessity demands that something should be done to remedy the existing evil.
CITY HOSPITAL.
Too much cannot be said in praise of our city. Its churches and public buildings are pointed to with pride and satisfaction by all
114
CITY MARSHAL'S REPORT.
our citizens. But it is much to our discredit that we have not a suitable place where a sick or wounded person can be taken and cared for. I most earnestly hope that some action will be taken by the city council in regard to this matter, as its need is becoming more apparent every day.
EXPENDITURES.
The amount of appropriation was the same as last year, after which Jacob P. Torrey and John C. Buckley were appointed regu- lar night officers, thereby incurring an extra expense of about thirteen hundred dollars. Some bills were brought over from last year, amounting to nearly one hundred dollars, which shows that about fourteen hundred dollars extra was needed this year, and no extra appropriation was made. It is my opinion that the amount of work done, and what it cost to do it, will compare favorably with any preceding year.
WORK DONE BY THE POLICE.
Whole number of arrests 729
Males.
676
Females 53
Born in the United States 421
Foreign birth
308
Minors
71
CAUSE OF ARREST.
Assault 29
Assault on officers
2
Assault with dangerous weapons
1
Bastardy.
2
Burglary .
1
Breaking and entering. 10
1
Common drunkards
3
Common beggar.
1
Deserters
2
Drunkenness 352
Drunk, second offence 69
Drunk, third offence. 62
Disturbing the peace 16
Defrauding hotel keepers 4
Disturbing schools.
3
e
Cruelty to annimals
115
CITY MARSHAL'S REPORT.
Embezzlement
1
Fornication
2
Highway robbery
2
Insane
6
Interfering with an officer
1
Incendiaries
3
Larceny from building
4
Larceny
Larceny from person 2
3
Malicious mischief
6
Malicious injury .
1
Obtaining money under false pretences.
2
Obstructing sidewalks
2
On suspicion
4
On capias .
1
Prisoners escaped.
4
Rude and disorderly
9
Rape
1
Safe keeping.
42
Stealing fruit.
6
Runaways
5
Stubborn and disobedient children
2
Tramps
2
Truancy
2
Vagrancy .
1
Violation of the game law
1
Violation of city ordinances
11
Violation of fish law.
1
Violation of pilot law.
1
Violation of liquor law
20
Total. 729
THE CASES WERE DISPOSED OF AS FOLLOWS:
Appealed
Bound over to Superior court. 6
Cases continued 28
Committed for non-payment of fines 156
Committed to Reform school 3
Committed to Danvers asylum 3
Cases settled without trial. 8
Discharged without complaint 138
Discharged by court 31
Fined and paid 208
----
House of correction 31
Newburyport workhouse 8
Ordered to pay costs 32
11
Lewd and lascivious
28
116
CITY MARSHAL'S REPORT.
Ordered to leave the city 9
On probation. 3
On file. 19
Put under bonds to keep the peace
1
Sentence postponed 2
Sent to jail. 11
Turned over to other officers 13
Turned over to parents. 5
Turned over to medical examiner 1
Women's prison Sherburn 2
MISCELLANEOUS.
Amount of property reported lost $2,530 06
Amount of property recovered. 1,366 51
Amount of imprisonment imposed, 52 years, 9 months, 16 days.
Accidents reported.
52
Assisted other officers
456
Buildings found open, and secured.
114
Complaints investigated
1502
Defective places in streets reported.
97
Disturbances surpressed without arrest
315
Dangerous buildings reported
2
Escorts furnished processions
3
Fire alarms given.
7
Fires extinguished without alarms
6
Injured persons assisted. 24
Intoxicated persons helped home 130
53
Lost children restored to their parents 35
Meals furnished lodgers and prisoners
10
Officers for extra duty at churches
20
Officers for extra duty at City Hall.
105
Persons notified to remove snow
97
Persons provided with lodgings.
606
Search warrants for liquor served.
30
Street obstructions removed.
75
Stray teams put up. 11
Total number of arrests for each year from 1872 to 1822, inclu- sive :
1872
1873
1874
1875
1876
1877
1878
1879
1880
1881
1882
999
933
625
687
816
818
562
903
840
861
729
The whole number of arrests for drunkenness, for the same time : 1872 1881
401
361
475
428
520
562
319
580
568
589
1882
1873
1874
1875
1876
1877
1878
1879
1880
483
Lights furnished for dangerous places
Nuisances reported. . 2503
117
CITY MARSHAL'S REPORT.
Number of persons provided with lodgings, in same time.
1872 1873
1874
1875
1876
1877
1878
1879
1880
1881
1882
930
1051
997
758
932
1385
1044 1120 766
535
60€
It will be seen by referring to the records that the number of arrests have decreased from last year ; and permit me to say that it is not the number of criminals arrested that argues the efficiency of the force, but it is the prevention of crime. We have a large floating population, a portion of which is a dangerous element of society, from the fact that they are nothing but tramps, who wan- der from place to place, working a week here and a week there. If a little more care was exercised in the employment of these peo- ple it would be a great benefit to the public.
NO LICENSE.
The difficulties attending the enforcement of this law are peculiar. The people make the law and public opinion sanctions the violation of it. Not until public sentiment changes, not until the majority of people refrain from the use of intoxicating liquors, will they cease to be sold. If the efforts of the officers in the suppression of the traffic, have not equalled the expectations and desires of the friends of temperance, the failure may be attributed in part to the formali- ties necessary for the seizure of liquors, as required by law ; in part to public opinion concerning the selling of the same ; and in a great measure to the lack of support from persons who, loud in their sympathy for the cause of temperance, and bitter in their de- nunciation of the officers for not causing the total suppression of the sale of intoxicating liquors, are unwilling when able, to furnish evidence necessary for a successful prosecution of the traffic. With the active co-operation of leading advocates of the temperance cause, in procuring evidence which the police are unable to obtain, the sale of liquor would be confined to very narrows limits.
-
TRAMPS.
The number of persons applying for lodgings at the station the past year has been 606. A large proportion of these consisted of what are commonly called tramps-an unclean, shiftless class of people, devoid of ambition other than to eat and sleep, a terror to unprotected women, and a growing evil in the community. This subject has been thoroughly agitated and discussed, but as yet no satisfactory remedy has been provided.
15
t
118
CITY MARSHAL'S REPORT.
TRUANCY.
Although we have a truant officer whose duty it is to look after truants, thus relieving the police from that work, I deem it my duty to recommend what has long been needed, and that is a truant school, where boys may be sent for a certain length of time, as the ease may be. Boys that are brought before the juvenile court are, in most cases, truants. A great many of them are too young to work in work in shops and are found loafing about the streets and wharves ready to commit any offence. We have always needed a truant school, and that need is more urgent to-day than ever. By checking a boy now in an offence which is a stepping-stone to a great- er one, may prevent him from being an inmate of some penal insti- tution in after life.
TELEPHONE.
After two years' experience I find the telephone of great value in conducting police matters, and its use is constantly increasing. We can now communicate with police authorities in most of the neigh- boring cities and towns. Citizens in various parts of the city seem to appreciate the value and convenience of telephonic connection with this office.
JUVENILE OFFENDERS.
A large proportion of arrests for breaking and entering and lar- ceny, are from a class known as juvenile offenders-boys between the ages of seven and seventeen years. If some measure could be taken whereby punishment would follow detection of crime, be that punishment ever so light, I consider much good would result. The almost certainty of probation for the first conviction does not cause much terror, especially to boys, who, accustomed from their earliest recollections to hardships and neglect, will, if not stopped, fall into the tracks of hardened criminals. I have endeavored to exercise judgment in the matter of complaints against criminals of this class, and have caused prosecutions to be made only in cases which in the opinion of myself and associates were deserving of punishment.
SUGGESTIONS TO STOREKEEPERS.
One hundred and fourteen doors have been found unlocked in the night time, which were secured by the officers and the proprietors notified. The carelessness of people in securing their doors and windows is remarkable. It is impossible to estimate the value of property saved by the officers in detecting unlocked doors and win-
119
CITY MARSHAL'S REPORT.
dows. Had larceny occurred in any of these places the police would had to have borne the responsibility that rightfully belonged to others. I would respectfully recommend that the public exercise more care in securing their doors and windows.
PLAY GROUNDS.
, Complaints are very numerous, and from all parts of the city, from people who are annoyed by boys who play at different games in the public streets. It requires a great deal of the officers' time to investigate these complaints, and it is becoming a source of great annoyance, not only to the officers, but to the public. I have often been asked by these lads to know where they should play, and as there is no place where they are allowed this privilege, and believing that boys have some rights which the public are bound to respect, I refer this question to your honorable body, and most respectfully recommend that it receive your careful attention.
A few more remarks and I am done. I feel satisfied that I have labored for the welfare of the department and the public ; not for- getting that much of my success depended on the co-operation of the men under me, and I am happy to say that in most cases they have labored faithfully in their capacity as I have in mine. In the matter of appointing me non the force too much care cannot be taken in selecting them. No man should be appointed a special who would not become the position of a regular. When a man is adap- ted to the business he is of more value to the city every year until impaired by age. How can we better cater to the lawless than by changing the police every year. Whatever our station in life we should have a common interest, and that is the welfare of our city ; and we should all labor to accomplish that end.
In conclusion, allow me to thank His Honor Mayor Hale, alder- men Gerrish and Rowe, (committee on police) for the generous as- sistance they have given me. Complaints against members of the force have been made, and in all cases they have carefully consid- ered them, believing that police officers are human. and susceptible of mistakes like other people. I close the year 1882 knowing that I have faithfully endeavored to maintain the reputation of the de- partment, and I feel that my efforts have not been in vain. Be- lieving that a conciliatory and non-committal course may be condu- cive to longevity in office, the best motto is, "Be just and fear not.".
Very respectfully, JOHN W. SARGENT, City Marshal.
CITY CLERK,
BOARD OF ASSESSORS,
INSPECTOR OF MILK,
AND
SEALER OF
WEIGHTS AND MEASURES.
1882
-
REPORT OF THE CITY CLERK.
CITY CLERK'S OFFICE, - Newburyport, March 1, 1883. - To the City Council :
GENTLEMEN :- I have the honor to submit the following report, relating to births, marriages and deaths in the city of Newburyport for the year ending Dec. 31, 1882, returned to this office for record :
BIRTHS.
The number of children born alive during the year 1882, and re- corded in this office, is 401, an increase over the preceding year of 20, and only once exceeded since becoming a city : for the year 1857 there are 439 births recorded.
The number of births returned by physicians, midwives and heads of families is 245 against 280 the preceding year : 237 by physicians, 4 by midwives, and only 4 by heads of families, leaving 156 unaccounted for. The law, if properly complied with, makes it possible to secure a very good record of births, particularly among that class who are constantly changing their place of residence in search of employment, or other reasons, from one town to another, or from one tenement to another in the same town. Apparently it has been cheerfully complied with by the physicians of this city, with perhaps a single exception ; and I trust it may continue to have that attention its merits warrant until a better one shall be eil- acted.
Of the births 230 were males and 171 females ; there were six pairs of twins, one case both were females, in two both weremales,
123
REPORT OF THE CITY CLERK.
and in the other three male and female. Five were returned as illegitimate ; all white with a single exception.
Births by months and quarters as follows :
1st quarter
2d quarter. 3d quarter,
4th quarter.
January . . .. 31
April .... 27
July ... 20
October .... 33
February ... 34
May ..... 40 August. . 38 November .. 36
March . ... 37 June . . . 26 Sept .. ... 26 December .. 53
102
93
84
122
The nativities of parents of children born are as follows :
Born in the United States
Father. 251
268
66
Ireland
84
71
British Provinces and Canada. 36
38
England
20
17
other foreign countries
5
4
66
unknown
5
3
401
401
Of the native born much the larger portion are natives of this Commonwealth. Maine and New Hampshire are largely represent. ed, while six other state are represented.
MARRIAGES.
The number of intentions of marriage recorded and issued during the year 1882 was 139, two less than the preceding year. Of the 139 certificates issued all have been returned for record, the marri- ages having been solemnized here or elsewhere.
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