USA > Massachusetts > Essex County > Newburyport > City Officers and the Annual Reports to the City Council of Newburyport 1885 > Part 10
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HIGH WINDS.
TABLE X.
Date.
Max. Velocity.
Direction.
Date.
Max. Velocity.
Direc.
October 30, 26 m. an hour.
NE
December 15, 26 m. an hour.
NW
Nov.
2, 45
SE
20. 30
6.
NW
66
10 25
6.
NW
22, 29
NW
.6
24, 26
16
NE
26, 28
66
N
25, 34
26, 25
66
NE
66
28, 30
66
N W
Dec.
3, 25
66
29, 28
N W
7,32
WV
NE
66
27, 27
66
N
GENERAL STATE OF THE WEATHER.
In expressing the state of the weather a new nomenclature is here used for the first time to correspond with that used by the signal ser- vice and other meteorological bureaus. By it all days are classed as either "clear," "fair," or "cloudy." The number of days on which rain or snow fell is then given independently. A "clear" day is one on which the sky, at the three observations, has averaged not more than three tenths obscured ; a "fair" day is one on which it has averaged from three tenths to seven tenths obscured ; a "cloudy" day more than seven tenths obscured. Thus rain may have fallen
223
METEOROLOGICAL REPORT.
on a clear day, the precipitation being between the hours of observa- tion and the sky being generally clear at those hours.
STATE OF THE WEATHER.
TABLE XI.
Mo.
No. clear days.
No. fair days.
No. cloudy days.
No. days rain or snow feil.
January
9
9
13
10
February .
13
9
6
8
March ..
8
16
7
11
April.
16
7
7
10
May.
11
10
10
11
June.
15
11
4
7
July.
13
11
7
11
August
6
17
8
15
September
16
11
3
9
October
14
6
11
11
November
6
8
16
12
December
8
10
13
18
Sums
135
125
105
133
Means
11.3
10.4
8.7
11.1
MISCELLANEOUS PHENOMENA.
JANUARY.
Frost-8, 13, 26; Fog-6, 17, 31; High wind-2, 12, 22, 28; Smoky at- mosphere-21, 31; Red sunrises or sunsets-5, 9, 11, 13: Lunar halo-9; Ice storm-17
FEBRUARY.
High wind-2, 10, 11, 16, 17; Fog-10; Smoky atmosphere-13, 18, 19, 21; Aurora-5; Very heavy rain-10; Lightning-15.
Records of miscellaneous phenomena incomplete from February 21st to Oc- tober 1st.
OCTOBER.
Frost-6-10, 23-26; Fog-3, 4, 14, 18, 19, 26-29; Red sunrise and sunsets- 9-11, 16, 17, 25, 26; High wind-(For report of high wind after Oct. 1st see Table X.) Thunder storm-3; Solar halo-8; Smoky atmosphere-26, 27; Aurora 15; First killing frost-8; First snow-31.
224
METEOROLOGICAL REPORT.
NOVEMBER.
Frost-1, 3. 4, 10, 15, 16, 18 20, 21, 28-30; Fog-7; Smoky atmosphere, 5, 6. 12. 13, 19; Aurora-9; Red sunrises and sunsets -- 16, 17; Mirage-27, 28; Solar halo-18; Very heavy rain-25.
DECEMBER.
Frost -- 7, 8, 11, 12, 16, 17, 30; Fog, 14, 31; Smoky atmosphere-9, 14, 30; Solar halo, 4, 8, 13, 25 ; Lunar halo-15, 20, 25; Aurora-6, 7.
February, 1886.
FRANCIS V. PIKE.
REPORT
OF THE
CHIEF ENGINEER.
1885.
REPORT.
NEWBURYPORT, Dec. 1, 1885.
To the City Council of the City of Newburyport:
GENTLEMEN-I have the honor of submitting for your considera- tion my third annual report of the condition of the Fire Department, also suggestions for improvements that would be beneficial to the department, and no doubt would be of financial benefit to the city.
The personnel of the department remains the same as last year (with the exception of one assistant engineer) viz : chief engineer and five assistant engineers, three steamer companies of 15 men each, one hose company of 12 men, two hand engine companies of 45 men each, one hook and ladder company of 20 men ; a total of 173 men.
The apparatus of the department as far as steamers, hose car- riages and hand engines are concerned fully meet the requirements of the department, the one piece of apparatus needed to make up the deficiency being a first class hook and ladder carriage capable of carrying the necessary amount of ladders. The one now in use was originally built for a hand truck, and will not stand the wear and tear of being pulled to fires by a pair of horses, as has been fully demonstrated during the past year ; some $150 having been paid out in repairs. It is of light build, was purchased in 1862, has been used twenty-three years and has outlived its usefulness as far as the requirements of the department are concerned. In case of the City Government purchasing a new carriage, the present one would be very handy to use as an auxiliary, as in case of a second alarm. or
228
CHIEF ENGINEER'S REPORT.
of two fires occurring at the same time. I would earnestly recom- inend the appropriatlon of the necessary amount to purchase a suit- able carriage at an early day.
The amount of hose in the department is 6,950 feet of cotton fab- ric and 3,000 feet of leather hose. One of the most important fac- tors in the working of a well equipped fire department is a sufficient quantity of reliable hose. The great liability of leather hose to burst at a critical period, together with the cost of keeping it oiled, and other necessary repairs, making it the most expensive to pur- chase, prompts me to suggest to the city council of 1886 the neces- ity of purchasing at least 2,000 feet of a standard quality of cotton hose.
The houses of the department are in good condition with the ex- ception of Steamer 2, and well adapted to the needs of the occu- pants, with the exception of some small requirements that can be made at a small outlay. At department headquarters, Market Square, an entrance should be made directly into the engine room, the plan of going down cellar to get up stairs not being at all prac- ticable. An understanding should be had between the committees in charge of the matter for the employment of some one to take charge of the lieating apparatus of the building ; as it now is the heat is so great at times that the apparatus is continually drying up and calling for necessary repairs It is mistaken economy for one committee to retrench expenses at the cost of another, and the sav- ing of the committee on public property in reducing the pay of the janitor has to be made up by the committee on fire department in repairs on apparatus, which unnecessary outlay could be avoided by the employment of a janitor at living wages, who would pay his whole attention to the heating of the building. Steamer Co. No. 2 are in great need of a new house, the lower part of the present one being badly arranged for the accommodation of the steamer and hose carriage, one narrow door connecting with the stable, and the stable floor only large enough for the use of one horse at a time. making quick hitching an impossibility ; more room is imperatively needed, and should be attended to the coming year.
The Gamewell Electric Fire Alarm system is in principle as per- fect as anything can well be, and its adoption by the city was one of the wisest and most economical measures, it having already saved
229
CHIEF ENGINEER'S REPORT.
many times the cost of construction ; but experience of the past year has fully demonstrated that the combination of gong and bell alarm is faulty, for the following reasons : liability of the mills to stop run- ning, in which case the city is called upon to pay for coal to keep up steam. The frequent repairs on the gongs, also the inability (as has been the case on several occasions) of the alarm arousing the firemen in the night time, the change from a combination of gong and bell alarm to a bell alarm would be both beneficial to the city and fire department, and I would make the following suggestions : Three bells should be provided, one for the centre of the city, one for the vicinity of Kent street, the other for the vicinity of Federal street ; the gongs should be removed from the alarm ; these bells to- gether, with No. 7's and 8's attached, which would make a inore economical alarm for the city, there being little or no liability for the bell strikers to get out of order, and the cost of maintaining the same (outside of the superintendent's salary) being merely nominal, for proof of which, the striker on the North church bell has has not cost one cent for repairs since its introduction. The bell alarm could be made to strike twice as fast (as is now the case, owing to the in- creased time required by the valve in the gong to operate), thus making an alarm that would instantly call the attention of the fire- men in the day time, if it were found necessary to adopt other meas- ures in the night time the gongs could be used in connection with the bell alarm. The gong and bell alarm is radically wrong and should at once be remedied. More alarm boxes are also needed.
APPROPRIATION AND INCOME.
Appropriation
$8,700 00
Income. 25 91
$8,725 91
Expenses
.. 8,089 52
Undrawn $636 39
The reservoirs and cisterns in different parts of the city are kept free from snow and ice, and ready for use in case of emergency.
HALE FUND.
The Hale fund has been increased the past year by the addition of the interest. A donation of $25 from L. W. Sargent, also one 30
230
CHIEF ENGINEER'S REPORT.
of $100 from the directors of the Newburyport Water Co. Such do- nations are gratefully received by the trustees of the fund, and fully appreciated by the members of the department. The fund now amounts to $2,935.30.
LIST OF FIRES AND ALARMS.
FOR THE YEAR ENDING NOVEMBER 30TH, 1885.
January 23. Shop 41 Market square, occupant W. H. Woodcock ; insurance $600; loss $67; cause unknown.
February 12. Small blaze at Couch's shoe shop, Daltonville.
March 31. House No. 1 Boylston street; occupant Francis Connor; loss $200; cause accidental.
April 28. Carr, Brown & Co., comb shop, and Chrolithion Works; insur- ance comb shop $27,000; loss $9,500; Chrolithion Works 27,000; loss $25.
April 28. Barn on Low street; Matthew Toomey ; insurance $1,000 ; coll- tents hay, insured for $300 : cause incendiary.
June 3. J. J. Kelley's restaurant Merrimack street; insurance $800; loss $85.00
June 6. Fish house, estate of Samuel Pettingell; no insurance; cause in- cendiary.
June 20. Frost's blacksmith shop Merrimack court; no loss ; unnecessary alarm.
August. L. W. Sargent; bow shop Forrester street; insurance; loss $350. October 16. Small blaze in house owned by Capt. John Hale, occupied by A. H. Minchin, High street, above Ashland; loss about $50: cause unknown. November 6. Slight blaze in house of Alderman Johnson, High street.
November 6. Morgan Brothers' shoe shop, and H. R. Perkins' snowette factory ; insurance $19,600; loss $8,340; cause unknown.
231
CHIEF ENGINEER'S REPORT.
MEMBERS OF FIRE DEPARTMENT.
BOARD OF ENGINEERS.
Rank. Name.
Age. Occupation.
Residence.
Chief, EBEN S. DOLE,
38, Hatter,
Oakland street
2d Ass't, G. W. KNIGHT,
52,
Clerk.
Parker 66
3d 66
JOHN B. BLAKE,
30, Shoe-cutter,
Market
66
4th S. C. REED,
40, Photographer,
Charter 66
5th “ F. B. IVES,
30,
Hatter,
Merrimac
6th " W. HOLKER,
40, Stove dealer,
Beck
66
STEAMER AND HOSE No. 1.
(Fifteen members.) House East Side of Market Square.
Foreman-E P. ALLEN.
Engineer-SAMUEL P. BOARDMAN.
Ass't Foreman-A. F. YOUNG.
Ass't Engineer-W. H. YOUNG.
Treas. and Clerk-G. E. NILES.
Fireman-E. P. CHASE.
MEMBERS.
Name. Age.
Occupation.
Residence.
Badge.
E. P. Allen .31
Moulder,
Boardman street.
1
A. F. Young 31
Stove dealer,
Orange 66
2
G. E. Niles 25
Shoe Cutter,
Liberty
3
S. P. Boardman .42
Kent
4
W. H. Young 29
Water 66
5
E. P. Chase 30
Franklin 66
6
R. B. Mitchell. .26
Vernon
66
7
M. D. Broderick 25
Teamster,
Unicorn
66
8
J. W. Sargent 40
Janitor,
Fair
9
H. S. Rogers 28
Shoemaker,
Merrimac
10
G. A. Young 28
Teamster,
Federal
66
11
J. P. Noyes. . . 29
Shoemaker,
Prospect
66
12
G. L. Richardson. 30
Operative,
Kent
66
13
G. N. Ellery 27
Dyer,
Prospect
66
14
D Guptill. 22
Teamster,
Summer
15
Machinist, 66 Shoemaker, 66
PROPERTY IN CHARGE.
One second class Amoskeag steamer, and one four-wheeled hose carriage fully equipped.
232
CHIEF ENGINEER'S REPORT.
STEAMER AND HOSE No. 2 (Fifteen Members.) House on Water street, near foot of Federal street.
Foreman-C. L. KIDDER.
Ass't Foreman-C E. LANGLANDS.
Ass't Engineer-P. H. BOLLMAN. Clerk-A. H. ADAMS.
MEMBERS.
Name. Age.
Occupation.
Residence.
Badge.
C. L. Kidder 30
Rigger,
Marlboro' street.
24
E. E. Langlands 26
Clerk,
Chestnut 66
30
A. H. Adams. 36
Franklin 66
-
P. H. Bolman 32
Machinist,
Lunt 66
25
F. Hardy 33
Moulder,
Birch
22
W. W. Hutchins 36
Rigger,
School
29
C. H. Bartlett. .35
Carpenter,
Lime
66
20
F. Annis 28
Dresser,
Charles
..
27
G. N. Black 48
Painter,
Purchase 66
19
C. S. Blake 33
Clerk,
Liberty
..
21
H. G. Bickford 38
Painter,
Purchase
.6
18
T. Colman. 26
Comb Maker,
Water
66
26
T. H. Glynn. 24
Grocer,
Federal
66
23
66
28
John King
31
Moulder,
Eagle
J. L. T. Pearson 32
Cutter,
Bromfield
-
PROPERTY IN CHARGE.
One second-class Amoskeag steamer, and one Button & Son four-wheeled hose carriage fully equipped.
233
CHIEF ENGINEER'S REPORT.
STEAMER AND HOSE No. 3.
(Fifteen Members.) House on Congress street.
Foreman-A. P. LEWIS. Ass't Foreman-G. W. CARTER.
Clerk and Eng'r -- W. H. P. HOWARD. Fireman-C. E. ASH.
MEMBERS.
Name. Age.
Occupation.
Residence.
Badge.
Merchant,
Carter street. 31 .
G. W. Carter 24
W. H. P. Howard 51
Baker,
Merrimac street.
38
C. E. Ash.
40
C. S. Post. 25
Shoe Cutter,
Boardman 66
43
Hatter,
Merrimac 66
39
A. B. Curtis. .33
66
Tyng 66
35
66
Carter
65
-
G. O. Atkinson
19
E. J. Brawn, 20
W. R. Chase 34
W. R. Bradbury 23
J. H. Brazier 25
F. J. Davis. 25
W. E. Smith. .32
Machinist,
Congress
-
Collar Finisher,
66
66
Carpenter.
Oakland
-
Shoemaker, 66
66
68
-
Warren
66
Hatter,
Merrimac
PROPERTY IN CHARGE.
One second-class Amoskeag steamer, and one W. W. Wander four-wheeled hose carriage, fully equipped.
Clerk,
Papanti's court. 44
Kent
37
A. G. Warner 26
J. H. Page . 23
Printer,
Merrimac
A. P. Lewis .39
234
CHIEF ENGINEER'S REPORT.
HOSE COMPANY No. 4.
(Twelve Members.)
House East Side Market Square.
Foreman-J. F. RODIGRASS. Ass't Foreman-F. A. PAGE. Clerk-W. H. SUMNER. Treasurer-G. H. FENDERSON.
Steward-C. H. SHACKFORD.
MEMBERS.
Name. Age.
Occupation.
Residence.
Badge.
J. F. Rodigrass 27
Shoemaker,
Middle street. 167
F. A. Page. 28
Shoe Cutter,
Milk 163
W. H. Sumner 27
Clerk,
Washington street.
157
G. H. Fenderson .33
Druggist,
Brown's square.
158
C. H. Shackford 28
Hair Dresser,
Harrison street.
159
G. R. Lucy
.26
Hack Driver,
Eagle 66 160
W. C. Morse .31
Carpenter,
Marlboro 66
164
J. G. Muldoon. 26
Tinsmith,
Temple 161
G. W. Easson . 28
Engineer,
Otis Place. 156
G. W. Rodigrass 28
Shoe Cutter,
Middle street.
166
J. W. Ballou .30
Tailor,
Prospect " 165
C. E. Fletcher 29
Pilot,
Chestnut ·
161
235
CHIEF ENGINEER'S REPORT.
HOOK AND LADDER, No. 1. (Twenty Members.) House East Side Market Square.
Foreman-W. E. TAYLOR.
Clerk -- H L. FILLMORE.
Ass't Foreman-A. G. PEARSON. Treasurer-A. O. NOYES.
Steward-W. A. NOYES.
MEMBERS.
Name. Age.
Occupation.
Residence.
Badge.
W. E. Taylor. . 22
Finisher,
Winter street.
46
A. G. Parsons. 24
Merrimac street.
47
H. L. Fillmore 22
Comb-maker,
Kent 66
4S
A. O. Noyes. 26
Shoemaker,
Franklin
66
49
W. A. Noyes 30
Painter,
Prospect
66
50
R. A. Rodigrass 24
Finisher,
66
62
I. K Wells 21
Clerk,
66
51
E. C. Tyler 22
Shoemaker,
Jackson
66
52
L. W. Rodigrass. 22
Finisher, 66
60
66
54
W. P. Phillips
21
Shoe packer,
State
66
55
J. H. Carver. 28
Reporter,
Winter
66
56
L. G. Bradbury. 25
Cutter,
Merrimac
66
57
R. C. Marr 32
Laster,
66
58
A. Russell 23
Comb maker,
Pine
66
59
C. Williams 27
Tinsmith,
Fair
66
60
D. Burgess 30
Teamster,
Prospect
66
61
A. D. Johnson 24
Clerk,
Marlboro
66
63
W. B. Frost 21
Teamster,
66
66
61
Prospect
53
G. E. Currier 24
PROPERTY IN CHARGE. One Button & Blake Hook and Ladder Carriage.
236
CHIEF ENGINEER'S REPORT.
TORRENT HAND ENGINE No. 7.
(Forty-five Members.)
House on Merrimac. between Forrester and Ashland streets.
Foreman-E. H. MCCONNELL. Ass't Foreman-J. L. LEWIS.
Clerk-S. H. GOODWIN.
2d Ass't " -W. H. CHASE.
Steward-C. L. JACKMAN.
MEMBERS.
Name. Age.
Occupation.
Residence.
Range.
E. H. McConnell. 25
Teamster,
Merrimac street. 99
J. L. Lewis
27
Shoemaker,
Walnut
66
94
W. H. Chase.
25
Ashland
110
S. H. Goodwin
22
Silversmith,
Munroe 66
76
C. L. Jackman.
28
Laborer,
Merrimac
75
T. W. Mitchell
27
Shoemaker,
Forrester
98
J. F. Ives 25
J. L. Lancy .47
W. G. Owen
39
F. W. Currier. 29
Hatter,
Ashland
60
72
E. B. Davis ..
. 28
Bolter,
66 66
80
J. W. Gunning
.23
Shoemaker, 66
Atkinson 66
74
J. Koskery .38
J. Hines. .41
66
Merrimac 66
95
G. Comerford.
31
Dove 66
86
W. O. Connell
23
Butcher,
Washington " 83
Hatter,
Butler court,
85
L. Niles. .22
Clerk,
Forrester street.
103
E. Whittemore 23
Hatter,
Merrimac
82
C. Genn 25
Shoemaker, 66
Jackson 66
69
W. Somerby.
24
E. McManus
27
66
Jefferson 66
78
Hatter,
Forrester 66
70
Silversmith,
Ashland 66
101
H. Downs 22
Laborer,
Forrester 66
89
W. Taylor 21
Hatter,
Merrimac 66
77
C. Farrell
26
Shoemaker,
Boardman
90
W. Carson 25
66
Jefferson 66
102
66
71
W. Woundy 39
W. Coffin .. 22
Hatter,
66
97
Shoemaker, 60
Ashland
91
Jackson
104
J. Lancy. 23
J. Follen . 34
D. Williams 21
Carpenter,
Ashland court, 107
Shoemaker,
Jefferson street, 66
SS
Carpenter,
68
Forrester 66
96
A. Blakie 29
Ashland
237
CHIEF ENGINEER'S REPORT.
Name.
Age.
Occupation.
Residence.
Badge.
P. Curtis
. 28
Hatter,
Howar street. 73
C. Pynn.
21
Shoemaker,
Forrester
79
H. Woodward. .21
Merrimac 67
C. Merrill
.23
Hatter,
court. -
D. Rowe.
.41
Shoemaker,
N. Atkinson street.
87
H. Manchester
37
Hatter, 66
Merrimac court. 66 street. - -
A. Hopkinson
.23
J. Purcell.
28
Painter,
Forrester
84
C. Pettigrew
40
Hatter,
Merrimac 66
-
D. Merrill
.38
Shoemaker,
Jefferson
-
F. Davis ..
25
Hatter,
Merrimac 66
-
PROPERTY IN CHARGE.
One Jeffers hand engine and two-wheeled hose carriage, fully equipped.
HAND ENGINE COMPANY NO. 8.
(Forty-five Members.) House on Purchase, between Lunt and Madison Streets.
Foreman-H. H. LANDFORD. Ass't Forman-J. F. BRYANT.
2nd Ass't Foreman-D. W. NUTTING. Clerk-A. W. PORTER.
Steward-J. N. HOWARD.
MEMBERS.
Name. Age.
Occupation.
Residence.
Badge.
H. H. Landford. 37
Trader,
Purchase street.
111
J. F. Bryant. 29
Farmer,
Hancock 66
112
D. W. Nutting 42
Heeler,
Water
133
A. W. Porter .48
Shoemaker, 66
Marlboro
114
J. N. Howard. .50
Prospect 66
129
C. T. Butman .32
Painter,
Madison 66
145
R. H. Knapp .51
Shoemaker,
Parsons
148
W. G. Caswell. .37
Laborer,
Purchase
140
D. Burke. 49
Shoemaker,
Prospect
141
G. W. Wilson 24
Laborer,
Water
119
L. Short 25
Farmer, 31
Goodwin avenue
151
238
CHIEF ENGINEER'S REPORT.
Name. Age.
Occupation.
Residence.
Badge.
G. C. Lattime 22
Laborer,
Union street.
152
W. H. Woodman 21
Finisher
Water 144
C. Lunt 26
Comb-maker,
Pine 115
C. A. Caswell.
33
Gunner,
Purchase street. 146
L. T. Hilton 42
Laborer,
Union 66
118
W. H. H. Perkins. 42
Fish pedlar,
66
147
J. W. Bamford. 28
Heeler,
Prospect
113
M. Eaton.
24
Farmer,
Union 66
124
C. W. Perry, jr .35
Silversmith,
Jackson
122
J. A. Eaton. 28
Gunner,
Water
128
E. L. Johnson 38
Carpenter,
Marlboro
125
J. Burke.
41
Clerk,
Ship
66
121
W. S. Porter
28
Teamster,
Lunt
139
E. R. Pickard .30
Gunner,
Beck
66
123
S. H. Doloff. 25
'Laborer,
Water
149
J. T. Russell 27
Clerk,
Oak
66
155
T. R. Perkins. 24
Laborer,
Water
66
143
B. C. Lane 33
Heeler,
Union
66
142
F. T. Pattee. 26
Laster,
66
66
153
A. W. Eaton 26
Finisher,
Lime
124
F. E. Stevens 26
Farmer,
Bromfield
66
134
A. E. Bray 26
Car driver,
Marlboro
60
116
D. Finnigan 25
Ice cart,
Chestnut
66
137
J. Furlong 35
Laborer,
Water
150
W. L. Sutton 26
Painter,
Prospect
66
154
H. Bent .. 31
Shoe shop,
Purchase
66
135
W. H. Caswell 29
Comb maker,
Chestnut
132
R. E. Allen 35 Gunner,
Union
66
120
G. W. Stanwood 30
Mill operative,
Marlboro
66
117
C. W. Cook 27
Teamster,
Lunt
66
126
H. Lattime 20
Baker,
Union
J. W. Burke
28
Heeler,
Prospect
131
M. O. Comer 35
Madison
138
J. C. Lang
48
Shoemaker,
Marlboro
66 127
H. L. Godfrey 25
Laster,
PROPERTY IN CHARGE.
One first-class Button & Son hand engine, one two-wheeled hose carriage, and one water supply wagon.
239
CHIEF ENGINEER'S REPORT.
His Honor the Mayor and the City Council will please accept my thanks for the generous support accorded the Department in the past year, also the committee on Fire Department, the City Mar- shal and police force, my assistants on the board of engineers and the officers and members of the department, to whose zeal, attention to duty, promptness in answering to all alarms, is due in a great measure, the preservation of our beautiful city from the devouring element.
E. S. DOLE, Chief Engineer.
REPORTS
OF THE
CITY SOLICITOR,
AND
CITY MARSHAL.
1885.
REPORT OF THE CITY SOLICITOR.
OFFICE OF THE CITY SOLICITOR, NEWBURYPORT, December, 1885.
To the City Council:
GENTLEMEN-I have the honor to submit the following report of the business of this office for the past year :
At the beginning of the year the following cases were pending in which the city was a party :
1. Eagle Odorless Apparatus Co., vs. Newburyport.
2. Samuel H. Jollie vs. Newburyport.
3. Eastern Railroad Company, vs. Newburyport.
4. Newburyport Water Company vs. Newburyport.
The character and history of each of these cases has been fully ex- plained in previous reports of this office.
The first case is now on the list for trial at the present sitting of the Superior Court in Boston.
The second case was tried for the third time in June last, this time resulting in an agreement of the jury and a verdict for the plaintiff in the sum of $1,937. A motion for a new trial was overruled. This was a close case, and in my opinion should have been settled for a comparatively small sum, as it could have been at one or more times, but other counsels prevailed.
In the third case, for the reasons set forth in previous reports. nothing has been done.
The water case came on for hearing before the referees in June last, and one day's hearing was had, but before the case had pro- ceeded farther an agreement of compromise was entered into be-
244
REPORT OF CITY SOLICITOR.
tween the parties whereby the city paid the amount due the com- pany under the contract up to and including July 1st, 1885, less five thousand dollars, and it was left to the referees to determine what should be done by the company to entitle it to the full contract price in the future. Specifications setting forth what the city claims should be done by the company, have been filed with the referees, but no hearing has yet been had thereon. The specifications are briefly and substantially as follows.
Outlets of hydrants to be made to conform to size of suction hose of steamers.
High street to be piped from State street down to and across the city railroad bridge with the same size of pipe as above State street.
Water street to be piped from J. C. Stanley's store to Commer- cial wharf.
Beck street to be piped with six inch. six inch to be laid on Court and Purchase streets, four inch at least to be laid through the entire length of Unicorn. Inn, Independent, Ship, Madison and Toppan streets, and eight inch from Kent to Ashland, on Merrimac street.
Heighth of reservoir to be increased so that 125 feet head shall at all times be maintained.
Some of these claims will probably be acceded to by the Water company. Some will be strenuously opposed. H. P. Moulton, esq. of Salem was associated with me in this case.
Previous to the beginning of the year suits had been brought in the Superior Court for this county against the Horse Railroad Com- pany by Mary H. Kelley, the parish of St. James, of Amesbury, and Isaac H. Boardman, administrator of Joseph B. Morss on notes of the company issued May 20th, 1875, to the face value of $21,000. At the time of the inauguration of the city government of 1885 the first two cases were before an auditor appointed by the court for trial. The attention of the joint special committee on horse railroad was called to these suits, and as the directors of the company did not seem inclined to make defence, it was deemed advisable to pro- tect the interest of the city that some action should be taken. Ac- cordingly, Hon. Wm. A. Gaston was cousulted, who together with myself, appeared before the auditor, putting in as defence that the notes were illegally issued, and for no consideration, and were void. A long hearing extending over many days was had before the audi-
245
REPORT OF CITY SOLICITOR.
tor, resulting in reports to the court fully sustaining the claims of the plaintiff in both cases.
At the June term of the court trials were had in both the Kelley and St. James suits, H. P. Moulton esq. being associated with me in place of Mr. Gaston. Upon this trial the court ruled that the notes were void unless the jury should find that their issue was sub- sequently ratified in the one case by the stockholders and in the oth- er by the directors. The jury found that they were so ratified, and exceptions were taken to the Supreme Judicial Court by the defend- ant upon the ground that there was no sufficient evidence to justify the verdict.
The suit of Boardman, administrator, was continued from time to time to await the result of the other cases.
After the aforesaid hearing before the auditor two suits in equity were brought in the Supreme Judicial Court for this county on some of the same notes by Mary H. Kelley and St. James parish. asking among other things for the appointment of a receiver for the road. and a sequestration of the rents. In these suits answers were duly filed by me, and the plaintiffs made an effort to get trials at the April term, but on my motion they were continued until after the June term of the Superior Court and since then have slumbered.
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