USA > Massachusetts > Essex County > Newburyport > City Officers and the Annual Reports to the City Council of Newburyport 1883 > Part 4
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5293
170.7
7.1
February
. 4656
166.3
6.9
March.
6574
212.0
6.8
April
4320
144.0
6.0
May
4453
143 6
5.9
June
3596
119.8
4.9
July
3654
117.8
4.9
August.
3666
118.3
4.9
September
. 3670
118.4
4.9
October
1348
140.2
5.8
November
4781
159.4
7.5
December
5189
167.4
8.8
STATE OF WEATHER.
With regard to the condition of the sky there were in 1883, 73 clear, 68 fair, 132 cloudy and 82 rainy days.
TABLE VII.
Clear.
Fair.
Cloudy.
Rainy.
January.
5
3
14
9
February
5
8
10
5
March.
8
6
13
4
April
10
4
10
6
May
4
5
16
6
June.
8
4
10
S
July
6
9
8
8
August
8
7
11
5
September
11
2
13
4
October
6
8
6
11
November
5
9
9
7
December
7
3
12
9
Sum
.73
68
132
82
Per cent
20
18.6
36
22.4
-
-
74
METEOROLOGICAL REPORT.
Forty-eight per cent. of all observations at 9 P. M. record a clear and 41 per cent. a cloudy sky ; whilst at 7 A. M. and 2 P. M. more cloudy weather prevailed.
January and February were cold, with but a few milder days at the end of the latter month.
The cold weather continued into March ; so was for instance, the average minimum temperature from the 4th to the 9th only 6.3 de- grees, which is 8 degrees lower than the average minimum of Jan- uary (14.7 degrees.)
The month of May was also quite cool during its first half and only towards the end steadily warmer weather ensued. Vegetation before retarded made now quick progress, and the months of June and July were highly favorable to the general growth. Although the rain fall of June amounted to only 2.3 inches it was pretty evenly distributed.
The hottest weather of the year happened at the beginning of July, when the average maximum temperature of the first week amounted to 89 degrees, and the mean daily temperature to 74 de- grees. It caused on the 4th and 5th several thunder storms, which in violence surpassed any experienced here for many years.
August made a departure from its customary character, by the absence of the proverbial "dog day weather ;" on the 28th there was the first night frost in the lowlands.
October was generally cold and night frost the rule. Its mean temperature remained 5 degrees below the average. It was be- sides damp and foggy and therefore showed the greatest average humidity-77 per cent. Two days, however, the 13th and 14th re- called once more by their high temperature the departed summer, and this the more so as, also a thunder storm, the last of the year, occurred (14th).
Unusually warm weather prevailed during November and the first half of December. A daily mean of 62 degrees and a maximum of 71 degrees on the 22d of November are exceptions for that sea- son of the year. The mean temperature of the month itself was almost 3 degrees above the average.
The 14th day of December brought on a change ; the thermom- eter fell 50 degrees within 31 hours, from 52 degrees to 2 degrees,
75
METEOROLOGICAL REPORT.
and the mean daily temperature 36 degrees, from 45 degrees on the 15th to 8.7 on the 15th.
On December 25, the thermometer reached the lowest point of the year, viz : 11 degrees below zero. Towards the end of the month the cold abated somewhat, yet the average temperature was lowered only about 2 degrees,
KARL CASTELHUN.
February, 1884.
REPORT
OF THE
CHIEF ENGINEER.
1883.
10
REPORT.
To His Honor the Mayor and the City Council :
GENTLEMEN :- I have the honor of presenting for your inspec- tion the annual report of Newburyport Fire Department for the year ending Dec. 31st, 1883.
Under the different headings will be found certain suggestions which, if carried out, will make this department second to none, and will give the public that feeling of security against the rava- ges by fire that they certainly have a right to expect.
While I do not advocate lavish expenditure in useless articles to adorn this department, I feel it my duty to the citizens of New- buryport to urge upon your honorable body that no expense may be spared to place it upon that footing which shall give the best se- curity to life and property, as well as the comfort and convenience of the members of which it is composed.
MANUAL FORCE.
The manual force of the department consists of a chief engineer and six assistants ; fifteen men each of steamers one, two and three ; forty-five men each for hand engines seven and eight ; twenty men for hook and ladder ; twelve men for hose four-in all one hundred and seventy-four members.
APPARATUS.
The apparatus is in the following condition :
Steamers one, two and three, hand engines number seven and eight, and hose carriage number four are in good condition and first-class working order.
80
CHIEF ENGINEER'S REPORT ..
Hook and ladder carriage is in good condition. One of the most indispensable articles belonging to a fire department is a well equipped hook and ladder carriage ; the one in service is unfit for use, not being heavy enough to carry the number of ladders needed, and should be immediately replaced with one which will meet the requirements of the department.
HOUSES.
No. One in good condition.
No. Two in bad condition ; badly arranged for quick hitching ; stable small and illy arranged ; lower floor of house nearly taken up by steamer and hose carriage ; more room is certainly needed. I would earnestly reccommend very extensive repairs or a new house on modern principles.
No. Three new in 1883, contains all modern conveniences.
No. Seven in bad condition ; will need extensive repairs the com- ing year.
No. Eight in good condition.
Hook & Ladder One and Hose Four in good condition, but not suitable or convenient for the purposes for which they are used. Believing it would be better both for the companies and the public, I would recommend their removal to the Market house, providing suitable accommodations could be prepared for them. The appara- tus and houses are neat and clean, showing the good care taken of them by the different companies.
HOSE.
The amount of hose in the department is as follows 6,950 feet of cotton rubber lined ; 3,300 feet leather, making 10,250 feet in ser- vice. Out of service and condemned, 350 feet 2 in. cotton ; 150 feet leather ; 200 feet rubber. The 3,300 feet of leather hose in ser- vice not being reliable, I would reccommend the purchase of 2,000 feet of cotton, rubber lined hose, the present year, that being in my opinion the most economical hose for the city to purchase, on the ground that the best is the cheapest ; the records of this and other cities will bear me out in this statement.
FIRE ALARM.
Another important factor in connection with the fire department
81
CHIEF ENGINEER'S REPORT.
is a safe and reliable fire alarm; the gongs on the mills indicate when a fire is in progress, but as a means of location they are en- tirely inadequate. Believing that some plan should be adopted that would locate the fire and save much valuable time, I would re- commend that your honorable body authorize the proper parties to make the necessary enquiries as to the safest and most reliable system.
HORSES.
The horses in use by the department are under the control of the committee on public property and are liable to be some distance from their houses at an alarm of fire in the day time. This, of course, is unavoidable under the present system.
RESERVOIRS AND CISTERNS
Are kept free from snow and ice are ready to use in case of emer- gency.
APPROPRIATION AND EXPENSES.
Appropriation.
. $9,000 00
Expenses 6,600 74
Undrawn
$2,396 26
HALE FUND.
The Hale fund, started by Dr. Eben Hale in 1846, has accumu- lated by gifts and interest until the amount reaches $2,602.79.
The object for which this fund was created (the relief of firemen injured in the discharge of their duties) should commend itself to the liberal minded and public spirited citizens of this community.
83
CHIEF ENGINEER'S REPORT.
LIST OF FIRES AND ALARMS FOR THE YEAR ENDING DECEMBER 31ST, 1883.
Jan. 5-False alarm.
Jan. 12-Still alarm.
Jan. 21-House at head of Huse's wharf. No damage.
Jan. 25-Still alarm.
Jan. 26-Barn W. N. Hopkinson, High street ; loss $200; insured $500 West Newbury Mutual ; cause, accidental.
Feb. 2-House 16 Lime street; damage slight; children playing with matches.
Feb. 21-House corner Liberty and Independent street, owned by Dennis Murphy ; damage slight; insured ; set by boys.
Feb. 22-False alarm.
April 15-Storehouse owned by Edward Kimball, occupied by Bayley & Perkins ; total loss, $700; no insurance ; incendiary.
April 18-Chrolithion Collar and Cuff Co's building; extinguished before the arrival of the department; loss slight; cause, sparks from chimney.
April 19-Help sent to Laurel Hill.
April 21-House Williams court, owner Frank Cary ; damage slight; sparks from chimney.
May 2-Storehouse on Cushing's wharf, owned by John N. Cushing and others ; loss $450: insured ; incendiary.
May 17-General alarm, Pettingell's swamp, Newbury.
May 31-House 158 High street; damage slight.
June 1-Still alarm. Hay stack on Low street.
July 4-House on Boardman street, occupied by Mr. Joseph B. Little, at 10 minutes past 10 A. M. : damage slight. At 11 A. M., alarm for burning awn- ing in front of First National Bank. 11:30 A. M., house No. 12 Federal street, owned by Isaac Poor; damage $125; insured; children playing with matches.
July 5-Barn of David Smith, Parker street; struck by lightning; damage slight,
Oct. 8-Barn on Kimball's wharf, no damage.
BOARD OF ENGINEERS.
Rank.
Name.
Age.
Occupation.
Residence.
Chief,
Eben S. Dole,
37,
Hatter,
Oakland street.
1st Ass't, W. B. Porter.
44
Teamster
Lunt
66
2d
G. W. Knight, Jr.,
50,
Clerk,
Parker
3d
S. C. Reed,
38,
Photographer,
Charter
4th
W. H. T. Dodge,
46,
Carpenter.
High
5th 66 F. B. Ives,
28,
Hatter,
Merrimac 66
6th
H. H. Landford,
35,
Trader,
Purchase 66
84
CHIEF ENGINEER'S REPORT.
STEAMER NO. 1.
(Fifteen Members.) House East Side of Market square.
Foreman, E. M. BICKFORD,
Ass't Foreman, E. P. CHASE,
Treas. and Clerk, A. F. YOUNG,
Engineer, SAMUEL P. BOARDMAN, Ass't Engineer, FRANK HARDY, Fireman, W. H. YOUNG.
MEMBERS.
Name, Age.
Occupation.
Residence.
No. Badge.
E. M, Bickford ,27
Laborer,
Prospect street,
1
E. P. Chase 28
Packer
Franklin 2
A. F. Young 30
Stove Dealer,
Orange 66
3
S. P. Boardman 40
Machinist,
Merrimac 5
F. Hardy 31
Hatter,
Birch 66
6
W. H. Young 27
Engineer,
Merrimac
10
L. Senior .34
Piper,
Hale's court,
11
E. P. Allen
.30
Moulder,
Boardman
9
M. Broderick 23
Engineer,
Unicorn
8
G. E. Niles 24
Shoecutter,
Liberty
12
Plummer Noyes 27
Teamster,
Franklin 66
7
W. Butler 22
Machinist,
Strong
66
4
E. C. Davis 29
Bolter,
Ashland
15
J. F. Hoolehan.
23
Laborer,
Warren
66
14
PROPERTY IN CHARGE.
One second class steam fire engine, one four-wheeled hose carriage, fully equipped with 900 feet of cotton fabric hose.
85
CHIEF ENGINEER'S REPORT.
STEAMER No. 2. (Fifteen Members.) House on Water Streeet.
Foreman, W. MCKAY,
Ass't Foreman, J. W. MARSH,
Treasurer, A. TILTON,
Engineer, G. W. STICKNEY, Clerk, G. W. MCKAY, Fireman, G. N. BLACK.
MEMBERS.
Occupation.
Residence.
No. Badge.
W. Mckay. .57
Sparmaker,
Middle street,
16
J. W. Marsh 28
Machinist,
Fair
17
G. W. Stickney .45 Blockmaker,
Water
18
A. Tilton. .57
Clerk,
High .
I9
G. N. Black. 46
Shoemaker, 66
Bromfield 20
Prospect "
21
W. E. Woodman 46
Moulder,
Hancock "
22
G. W. Mckay .24
Sparmaker,
Middle
23
C. Stickney 23
Machinist,
Water
24
F. A. Goodwin .23
Federal .6
25
W. S. McKay 22
Sparmaker.
Middle 66
26
F. W. Knapp 29
Carpenter,
Purchase "
27
J. D. King. 25
Moulder,
Eagle
28
W. W. Hutchins. 34
Rigger,
School
29
E. Langlands 23
Clerk,
Chestnut "
30
Name. Age.
J. C. M. Blaisdell .34
PROPERTY IN CHARGE.
One second class steam fire engine. One four-wheeled hose carriage fully equipped with 1,000 feet cotton fabric hose.
86
CHIEF ENGINEER'S REPORT.
STEAMER No. 3.
(Fifteen Members.) House on Congress Street.
Foreman, A. PARKE LEWIS,
Treasurer, C. F. MOODY,
Ass't Foreman, E. W. BURKE,
Engineer, W. H. P. HOWARD, Ass't Engineer, G. C. PERKINS,
Fireman, C. E. ASH.
MEMBERS.
Name. Age.
Occupation.
Residence.
No. Badge.
A. P. Lewis .40
Hatter,
Carter street,
31
E. W. Burke .29
Painter,
Merrimac " 32
A. W. Banks. .25
Shoemaker,
34
C. F. Moody. .29
Clerk,
Olive 42
W. H. P. Howard .50
Baker,
Merrimac "
38
G. C. Perkins .37
Engineer,
Kent
43
C. E. Ash. 37
Baker,
G. W. Carter.
28
Clerk,
Papanti's court, 44
Warren street,
39
J. W. Ramsdell 29
Teamster,
Merrimac court,
40
James Babson. 24
Shoe Cutter,
Broad street,
-
J. H. Hennessey 21
Laborer,
Warren
33
H. Allen .25
Painter,
Prince place,
39
E. Thomas .21
Railroading,
Market street,
-
F. Macintosh 30
Shoemaker,
Merrimac "
-
37
A. G. Warner .28
Hatter,
PROPERTY IN CHARGE.
One second class steam fire engine (Amoskeag.) One two-wheeled hose carriage, fully equipped, with one thousand feet of cotton fabric hose.
Clerk, A. W. BANKS,
87
CHIEF ENGINEER'S REPORT.
HAND ENGINE COMPANY, No. 7. (Forty-five Members.)
House on Merrimac, Between Forrester and Ashland Streets.
Foreman, J. L. LANCEY,
Ass't Foreman, C. L. JACKMAN.
2d Ass't Foreman, F. D. HUNTINGTON, Clerk, S. H. GOODWIN.
MEMBERS.
Name.
Age.
Occupation.
Residence.
No. Badge. 100
J. L. Lancey
40
C. L. Jackman
26
Ship carpenter,
Forrester
79
F. D. Huntington
29
Carriage maker,
Jefferson
88
S. H. Goodwin
. 21
Spoon maker,
Munroe
76
J. F. Ives
23
Carpenter,
Ashland,
-
J. Chase.
42
Shoemaker,
Howard 66
102
W. G. Bowen. .39
Ship carpenter,
Jefferson
66
66
F. W. Currier 27
Chemist,
Ashland
72
E. B. Davis 25
Bolter,
66
80
R. Mitchell
28
Shoemaker,
Merrimac ..
90
W. S. Crocker. .22
G. L. Whitmore
24
T. W. Mitchell
.29
Shoemaker,
Forrester
98
J. Coskery 38
. 21
Hatter,
Oakland
87
G. Young, 27
G. F. Ives
21
W. O'Connell 22
Jobber,
Forrester 66
73
L. Niles 21
Hatter,
66
109
Shoemaker,
Olive
66
86
A. Blaikie,
.28
Hatter,
Ashland
66
84
E. Whittemore 21
E. Johnston 24
C. Genn 22
D. Merrill
38
66
66
66
-
Hatter,
Merrimac
66
-
Spoonmaker,
-
E. McManus. .25
C. Pettigrew 32
F. Huntington 20
Teamster,
Olive
66
Shoemaker,
Moulton
66
Wm. Woundy
35
W. Stevens.
22
66
Fair
66
96
Teamster, 66
Lime
٤٠
75
Ashland
66
67
G. Comerford. 29
Merrimac
82
Shoemaker, 66
Lime
66
99
Jefferson
-
J. Haigh. 33
E. McConnell. 22
Shoemaker,
Hatter,
66
70
Silversmith,
66
89
J. W. Gunning 21
66
74
Painter,
66
66
J. Page.
Shoemaker,
Jefferson street,
88
CHIEF ENGINEER'S REPORT.
W. Coffin 21
Hatter,
Woodland
-
PROPERTY IN CHARGE.
One second class Jeffers hand engine, one two-wheeled hose carriage, fully equipped with 1,000 feet cotton fabric hose.
HAND ENGINE COMPANY. No. 8.
(Forty-five Members.)
House on Purchase Between Lunt and Madison Streets.
Foreman, JOHN BURKE,
2d Ass't Foreman E. S. JOHNSON
1st Ass't Foreman J. F. BRYANT,
Clerk, A. W. PORTER,
Steward, J. A. EATON,
MEMBERS.
Name.
Age.
Occupation.
Residence.
No. Badge.
John Burke 49
Heeler,
Ship street,
111
J. F. Bryant 28
Farmer,
Hancock street.
112
E. Johnson .. 36
Carpenter,
Marlborough“ 125
A. W. Porter 46
Shoemaker,
114
J. A. Eaton 26
Gunner,
Madison
128
C. G. Thomas .29
Trader,
Marlborough“
136
C. T. Butman 30
Painter,
Bromfield ..
145
C. W. Perry, jr 33
Blacksmith,
Jackson
122
R. W. Knapp 50
Shoemaker,
Parsons 66
148
D. W. Nutting 41
Heeler,
Water
133
J. N. Howard 48
Shoemaker,
Union
66
129
G. W. Wilson 22
Laborer,
Water
119
-
W. S. Furnald 28
Moulder,
Howard
W. H. Chase
22
Shoemaker, 66
Ashland 66
J. Lancey. .21
H. Adams
22
Moulder,
Ashland
-
J. Smith 23
Shoemaker,
Oakland
-
J. Weston.
26
Weaver,
Merrimac
-
T. Waldron 47
Painter,
High
77
T. Coffill 29
Carpenter,
Merrimac
66
W. Marshall
41
J. Lewis 26
Shoemaker,
Walnut
Jefferson 66
89
CHIEE ENGINEER'S REPORT.
L. Short
23
Goodwin avenue, 151
G. C. Lattime
.21
Union street, 152
A. Simmons.
20
Finisher,
Water
150
W. H. Woodman
20
144
L. S. Hilton
40
Laborer,
Union 66
118
W. H. Perkins
41
Fish dealer,
J. W. Bamford.
26
Heeler,
Prospect 66
127
H. L. Godfrey
23
Laster,
66
113
J. W. Burke
.26
Heeler,
Lime 66
131
D. Burke.
47
Prospect 66
141
M. O'Connor ...
.33
66
Madison
138
A. N. Eaton. 24
Finisher,
Lime 66
134
W. G. Caswell .35
Laborer,
Union
140
J. C. Lang.
.46
Shoemaker,
Marlborough
121
W. T. Porter 26
Teamster,
Lunt
139
C. W. Cook
.25
Farmer,
Bromfield "
116
E. R. Pickard
28
Gunner,
Beck
123
A. E. Bray
24
Horse car driver,
Winter ..
137
C. Lunt. .24
Comb maker,
Pine 66
115
A. Russell 20
Oak 66
149
J. T. Russell
.26
Clerk,
66
.€
126
C. A. Caswell
31
Union 66
146
S. H. Dolloff.
24
Laborer,
Madison 66
155
T. R. Perkins
22
Union .“
142
B. C. Lane ... .31
Heeler,
Marlborough
153
J. W. Lambert
.30
Carriage trimmer, Franklin "
124
W. H. Caswell
.27
Comb maker,
Oak
117
A. M. Noyes.
.50
G. W. Stanwood
29
Shoemaker,
Lime 66
135
Mule spinner,
Marlborough
130
G. J. Ross. . . .40
Cigar maker,
Bromfield "
132
W. L. Sutton.
.24
Painter,
Prospect
154
C. H. Shackford
.25
Barber,
Harrison "
120
66
143
F. E. Stevens
25
Gunner,
PROPERTY IN CHARGE.
One first-class Button & Son's hand engine. One two·wheeled hose car- riage fully equipped for fire service with 1000 feet cotton rubber lined hose.
66
147
90
CHIEF ENGINEER'S REPORT.
HOOK AND LADDER, No. 1.
(Twenty Members.)
House on Pleasant Street.
Foreman, R. BAILEY.
Ass't Foreman, W. PACKER,
Steward, H. S. ROGERS.
MEMBERS.
Name. Age.
Occupation.
Residence.
No. Badge.
R. Bailey. .23
Machinist,
Franklin street,
46
W. Packer. 25
Shoemaker,
66
66
47
H. Currier .21
Prospect
48
C. P. Ricker. 20
Machinist,
Charter
66
56
C R. Marshall 21
Shoemaker,
Prospect
59
J. R. Wells
20
Clerk,
Lime
49
H. S. Rogers 26
Shoemaker,
Prospect
66
50
W. P. Phillips 20
W. F. Langlands 22
Chestnut
54
L. W. Rodigrass 22
Fair
56
R. A. Rodigrass .22
66
Boardman
52
A. A. McIntyre .20
66
Warren
51
H. L. Fillmore. 21
Carriage trimmer,
Kent
66
58
F. T. Littlefield 21
Shoemaker,
Russia
66
57
W. A. Taylor 21
Dove
66
63
B. P. Ireland .28
66
Pleasant
60
A. O. Noyes
23
Franklin
66
65
66
64
C. W. Thurlow .25
Engraver,
66
53
62
J. W. Hale. 25
6
Pond
55
E. C. Tyler. 22
PROPERTY IN CHARGE.
One Button & Son's hook and ladder carriage equipped for service.
Clerk, H. CURRIER, Treasurer, C. P. RICKER,
91
CHIEF ENGINEER'S REPORT.
HOSE COMPANY No. 4. (Twelve Members.) House on Pleasant Street.
Foreman, MARSHALL BERRY, Ass't Foreman, FRED B. MORSE, Clerk, W. H. SUMNER. MEMBERS.
Name.
Age.
Occupation.
Residence.
No. Badge.
M. Berry 40
Clerk,
Tremont street,
F. B. Morse .. .28
W. H. Sumner 25
66
Washington“ -
F. W. Goodwin 25
Shoecutter,
Orange -
J. G. Muldoon 26
Tinsmith,
Temple 66
G. R. Lucy . 23
Clerk,
Strong 66
J. F. Rodigrass .25
Shoemaker,
Middle
-
G. W. Easson 26
Engineer,
Fruit
-
F. A. Page .27
Leather sorter,
Milk
-
W. C. Morse 29
Carpenter,
Marlborough
G. E. Fenderson. 31
Druggist,
Brown square,
--
B. G. Davis 37
Sailmaker,
Liberty street,
-
Fair
66
-
PROPERTY IN CHARGE.
One four-wheeled hose carriage complete for fire service, with 950 feet cot- ton fabric hose.
In conclusion, my acknowledgements are due to His Honor the Mayor, the Board of Aldermen and the Committee on Fire Department, for favors shown. Also to my assistants on the Board of Engineers and members of the Fire Department for their ready response to the call of duty. Respectfully submitted, E. S. DOLE, CHIEF ENGINEER.
REPORTS
OF THE
CITY SOLICITOR,
AND
CITY
MARSHAL.
1883.
12
REPORT OF THE CITY SOLICITOR.
OFFICE OF THE CITY SOLICITOR, NEWBURYPORT, December, 1883.
To the City Council :
GENTLEMEN :- In compliance with the ordinance I have the honor to submit the following report of the business of this office for the past year. At the beginning of the present year the fol- lowing cases were pending, in which the city of Newburyport was a party, viz : .
Thankful I. Wentworth vs. City of Newburyport.
This was an action brought to recover damages for severe inju- ries received by falling on Merrimac court. A careful examination of the facts in the case convinced the committee having the matter in charge that the highway was undoubtedly in a defective condi- tion, and it further appearing that no defense was open to the de- fendant on any ground, the case was adjusted by counsel without coming to trial, the amount paid being $550.00 this sum including all costs, taking into consideration the nature and extent of the injuries received by the plaintiff in this case it is my opinion that the above was an extremely advantageous settlement.
Samuel H. Jollie vs. City of Newburyport.
This is also a suit to recover damages for an injury received on one of the highways of our city ; the plaintiff was injured by a fall on the sidewalk on the westerly side of Pleasant street, near the store of Mr. S. H. Johnson. After a thorough examination of the facts in this case, it was deemed advisable to defend the suit, and the action was tried at the September term of the Superior court. H. F. Hurlburt, esq., counsel for the plaintiff and the city solici- tor for the defendant city, the result of the trial was a disagree- ment of the jury, the division being seven to five in favor of the
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city, the case is now in order for its second trial at the present term of the Superior Court at Salem, and will probably be reached early in January next.
Town of Douglas vs. Newburyport.
There has been no change in the condition of this case since my last report, and probably it will never be tried, but will be with- drawn at some future time.
Eagle Odorless Apparatus Company vs. City of Newburyport.
This case is now in order of trial in the Superior court for Suf- folk county and will be reached in a few weeks, as I have given a full description of this case in my former report, a repetition at this time would seem to be unnecessary.
The case of the Eastern Railroad draw pier remains as it was last year, no hearing having been had. The matter rests entirely with the three commissioners appointed by the Supreme court, and as the Eastern road has rebuilt the pier and paid the expense thereof, it would certainly seem that our city need be in no haste for a hearing.
The only remaining case to be referred to in this report, is that of the Newburyport Water Company against the city ; but as this office has never had any connection with the case, I have not given the matter any official consideration, and therefore have no report of its position to make.
In the month of Feburary the city council voted to petition the general court to allow the city to purchase and hold additional stock in the Newburyport and Amesbury Horse Railroad to an additional amount not exceeding twenty thousand dollars, a hear- ing was granted the petioners before the joint committee of the sen- ate and house, and the case of the city was presented and argued by the city solicitor and the prayer of the petition granted ; and an act framed in accordance with the terms of the petition, passed but with this provision " that two thirds of the legal voters of the said city who may be present and voting thereon, shall vote so to do" etc. That provision, as might be expected, proved the death of the act, and therefore the city continues to pay seven per cent for its proportion of the debt of the horse railroad, when it might have reduced it by funding, to four and one half per cent and received under the present lease an income of over eight per cent on the investment. I do not deem it necessary or proper in this report
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for me to comment on the wisdom of the course of the city respect- ing this corporation, but will leave the results in the future to tell the story.
During the early part of the present year a difficulty arose re- specting the appointment of a chief engineer of the fire department : as the Board of Aldermen were equally divided in the choice of a person to fill that position, no appointment, or rather confirmation, was or could be made, and my written opinion of the merits of the case was requested by his honor the mayor, I then gave as my opinion that the chief engineer holding the office at the time, con- tinued to hold it until his successor was duly elected and qualified. In this opinion I am sustained by the majority of decisions on that point in the courts of this country and also numerous later English de- cisions. From the fact that the chief engineer for some reason withdrew his just claim to the office, and has taken no part in the duties of that office, the city has had no chief engineer of its fire department for the past nine months, and we have great reason to be thankful for the en- tire absence of fires in our midst, for had it been otherwise the difficul- ty and danger of our position might have been brought home to us in a painful manner. During the year now near its close I have been, very frequently called upon to advise his honor the mayor and nearly all the other city officials, and opinions written and oral have been given to the various departments of the city including the joint standing and special committees, board of health, and the overseers of the poor. I have also drawn up several contracts of considerable importance for the city and written two leases of city property I have attended all the meetings of the committee on claims, which have been very frequent, and whose action, I feel it my duty as it certainly is my pleasure to state, has been unusually thorough and for the advantage of the city, there being now no matter that has been referred to them that is not either settled or beyond their control.
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