USA > Massachusetts > Essex County > Newburyport > City Officers and the Annual Reports to the City Council of Newburyport 1893 > Part 18
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ANNUAL REPORTS.
liquor nuisance at the Beach, and the house is now closed. I am informed by the police and by others who claim to know-and I have every reason to believe it to be true-that there are at the present time no such houses existing in the city; and it is the first time, certainly, within the memory of any person of middle age that such has been the case, and while I hold my present position I shall try to keep it so.
LICENSE AND THE LIQUOR QUESTION.
That intemperance, with the misery which inva- riably accompanies it, is a great evil no one can deny; that a large amount of the crime as well as the poverty in our land can be traced directly to the abuse of intoxicating liquor we must also ad- mit. But when we come to the question as to how we can best remedy the evil there is a wide diver- sity of opinion, and when we consider that for six thousand years intemperance has prevailed, to a greater or less extent, among all peoples and in every tribe of men, it is no wonder that we are un- certain as to the best means to be used for check- ing its ravages. While some argue that we should prohibit the sale of liquor, others believe prohibi- tion to be impracticable, and advocate high license under certain restrictions; and there are honest men on both sides of the question. If I thought
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MAYOR'S ADDRESS.
voting to prohibit the sale of liquor would prevent even any drunkenness in this city I should certain- ly vote that way ; and so, I believe, would nearly all of our citizens, including the liquor sellers themselves. While prohibition may be successful to a certain extent in most towns, and in some cities where public opinion is in its favor, I do not think it would be a success in this city, where pub- lic opinion is certainly against it, for no law can be enforced where public opinion is not in favor of its enforcement. Out of the one thousand votes that were cast against license at the last election, I think it may safely be said that one-half of them were cast by those who believe in license, many of them voting no on account of the injustice of that clause in the law which limits the number of licenses to be granted, thereby creating a monop- oly in the business. That clause, in my opinion, is the only bad feature in our present license law,- bad both on account of its injustice and of its evil effect in our elections. Strike out the limit clause in the license law and you remove the liquor ques- tion from politics, which is something greatly to be desired; and when every one who is able to pay for a license and is fit to be trusted with it can ob- tain one the liquor sellers will have no particular interest as to who may be elected to the board of aldermen ; but as long as the limit clause remains
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ANNUAL REPORTS.
in the license law, those who desire to sell liquor will do all they can to elect those aldermen whom they believe will be in favor of granting them a license. Now the prohibitionist argues that if you stop the sale of liquor you stop the demand. I cannot agree with him, for it seems to me it is be- ginning at the wrong end. If it were possible to stop the sale-and no one believes that it is-even then the demand would still exist; and just as long as there is a demand for liquor someone will be found to sell it. But once stop the demand and you will surely stop the sale. And I honestly be- lieve that if the same amount of labor which, in my opinion, is wasted every year in trying to pro- hibit the sale of liquor should be put into the work of reforming those who are under its influence, more real good would be accomplished in one year than has been done during the last twenty years. Take, for instance, the work being done in the Houston, Keeley and other institutions of a like nature. . They are beginning at the right end, try- ing to stop the demand. But do not think for a moment that these are benevolent institutions, for they are not. They are money-making enter- prises, and it is not every one who can afford to take the treatment. I was informed, when invited to invest in the one established in our city, and have also been informed by a friend who is con-
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MAYOR'S ADDRESS.
nected with one in Haverhill, that there is $60 clear profit on every patient; but for all that I am glad we have one in the city, and as far as I have been able to judge it has done a grand work. Now there are a large number of men who would be only too glad to take the treatment but are un- able to obtain the $100 required to pay for it, and I believe we should appeal to the legislature to en- act a law providing for the treatment in our coun- ty institutions, where, I am informed, it could be carried out at an expense not exceeding $25, which would make it much cheaper in most cases to re- form than to punish, and certainly more desirable. In my opinion, if the temperance workers would let the liquor seller alone, and give the same amount of time and labor to the work of reclaim- ing the liquor drinkers, they would accomplish much more than they do for the cause of temper- ance. Give up the legislative method and adopt the educational method. Educate the people on the liquor question and you will create a public sentiment against it. Instead of legal suasion use moral suasion, and every time you induce a person to give up the use of intoxicating liquor you stop the sale of just so much. Now in regard to the en- forcement, or, as many will claim, the non-enforce- ment, of the license law. You have been told late- ly that while only thirteen persons in the city can
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ANNUAL REPORTS.
legally sell liquor, sixty-five United States licenses have been taken out. All such talk is clear non- sense. No one but the United States revenue offi- cials know anything about how many United States licenses there are in the city, and they are not in the habit of giving, nor are they allowed to give, the information to anyone. There is no ques- tion but what there are some-perhaps fifteen, possibly twenty-more United States licenses taken out in this city than there are regular li- censed liquor dealers, and I have no doubt but what liquor is sold in some places that have no li- cense of any kind. All persons selling without a license should be prosecuted to the full extent of the law. Now you will ask, and very properly, Why, then, have you not prosecuted them? and I am going to tell you why we have not. When first elected to the mayor's office I determined to en- force the law in regard to illegal liquor selling. First, because I believed it to be my duty as may- or of the city; and second, because I believed it was a duty the city owed to those who had com- plied with the law and paid their money for a li- cense. Accordingly, I instructed the marshal to take out warrants, and to raid all places where he had reason to think liquor was being sold unlaw- fully, and I believe he made an honest attempt to enforce the law. But I soon found that something
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MAYOR'S ADDRESS.
was wrong,-that someone was placing obstacles in the way of the enforcement of the law, and I de- termined to look into the matter carefully, and if possible to find out who was to blame for it, and at last I think I have been able to place the blame where it properly belongs. If the fault had been mine, I would acknowledge it; if it rested upon the board of aldermen, I should offer no excuse for them; if the city marshal or the police force had been to blame, I would not attempt to shield them. But neither the mayor, the board of aldermen, the city marshal or the police force have been to blame; and if the statements the marshal has made to me are true, and I believe them to be so, then the reason why the license law has not been enforced in this city is on account of the unreason- able and, in my opinion, illegal requirements of the clerk of the police court before he will issue a war- rant. The marshal, when he has been able to ob- tain a warrant, has been obliged to take it out some hours before he was ready to use it, and con- sequently, in a number of cases, the parties have seemed to be prepared for the coming of the offi- cers. To illustrate: on one Sunday three raids were made, the warrants having been taken out the day before. But three persons in the city were supposed to know anything about the matter- the clerk of the court, the city marshal and my-
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ANNUAL REPORTS.
self, and yet I am satisfied in my own mind that some of the parties, at least, knew that the officers were coming. In one case, where the place had been watched for some time, on the Sunday before the one on which the raid was made, about a hun- dred of the regular drinkers had been seen going in and coming out of the place. On the next Sunday, the one on which the raid was made, which was in the evening, it was as quiet all day around the place as it would be around any private house, which was suspicious, to say the least. It is un- necessary for me to say that at all three places the officers were unsuccessful, no liquor being found. The marshal also informs me that he experiences great difficulty in obtaining warrants, the clerk demanding that he shall submit the evidence, which properly belongs to the court, to him before he will issue the warrant. Now if some person un- known to the clerk-for any two persons have the right to swear out a warrant-should ask the clerk for a warrant, he would be justified in requir- ing some evidence, but even then not enough to convict in court. But it is altogether different in the case of a police officer, who has certain respon- sibilities, and is sworn to the performance of cer- tain duties, and when the city marshal applies for a warrant, the clerk knows he has evidence enough to justify him in asking for a warrant, and he must
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MAYOR'S ADDRESS.
know that it is his duty to issue the warrant with- out asking any questions. The responsibility then . rests wholly with the marshal, and it is none of the clerk's business whether the officers find any li- quor or not; and the clerk knows full well that the marshal would not apply for a warrant unless he had evidence that liquor was being sold unlaw- fully, neither has the clerk any idea that a half- dozen officers are going to search a place three or four hours for mere pleasure. In one instance, on complaint of several persons, we planned to raid two places, both of them being stores. The clerk of the court had said to me not more than a week before that he believed they were selling liquor at one of the places, and the marshal says that when he asked for a warrant the clerk admitted to him that he had no doubt in his own mind but what they were selling liquor there, and yet he refused to give the marshal a warrant, claiming that there was not evidence enough to justify searching the place. Now I believe that it was his duty to have given the marshal the warrant, and that he had no right to refuse it, for the law says plainly that if two persons of full age and competent to testify make complaint under oath that they have reason to believe, and do believe, that intoxicating liquor is kept upon the premises, and is intended for sale, contrary to law, and upon its appearing that there
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ANNUAL REPORTS.
is probable cause to believe said complaint to be true, he shall issue a warrant of search. Now the clerk might possibly have thought that the mar- shal and the other officer, who were ready to make the complaint under oath, were not of full age. He might possibly have thought that after watching the place and getting considerable evidence they were not competent to testify. But he did not think so, for he knew better. He might possibly have thought that there was not probable cause to believe said complaint to be true; but he did not think any such thing, for he admitted he believed it was true, and he ought to know there is always cause to believe the complaint to be true when the marshal stands ready to make oath to that effect, and yet he refused to issue the warrant. I have also had the same complaint from the dog officer. At a certain time every year the mayor of the city is required, in the name of the common- wealth, to issue an order to the dog officer, in- structing him to obtain warrants, and to prose- cute in the courts all owners or keepers of unli- censed dogs. About two months ago I reminded that official that there must be a number of unli- censed dogs in the city. His answer was that he was aware of it; and upon my asking him why he did not obtain warrants and prosecute those who were keeping them, he informed me that the clerk
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MAYOR'S ADDRESS.
of the court would not give him the warrants. Certainly, a very peculiar stand for the clerk of the police court to take, one of direct opposition to the enforcement of an order of the State. Now one more illustration as to his methods of conducting this business. The marshal, much to his surprise, having once before been refused a warrant for the same place, succeeded in obtaining one to search the premises of a certain firm. The search was successful, the officers finding a large quantity of li- quor. It was the second or third offence of the par- ties, and fearing they might be obliged to serve a term of imprisonment, they sent one of their clerks to answer to the charge. The marshal and captain informed this man that they did not know any- thing about him, that his name was not in the war- rant, that they had seized no liquor from him and had no charge against him, and he was sent away. The marshal informed me, and I believe his state- ment to be true, that the clerk of the court insisted that this man's name should be substituted in the complaint, in place of the names that were in the warrant, and after the liquor had been seized from them. He then lost his temper and abused the marshal and the captain, charging them with per- secuting these men, because they refused to consent to such a gross violation of law. On this account the case was kept out of court several days, until
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ANNUAL, REPORTS.
finally the complaint was made out with only one name of the firm, whereas both names were in the warrant; the clerk of the court absolutely refusing to insert the names of both members of the firm, claiming that it was unprecedented and unheard- of, notwithstanding the fact that it was recorded upon the books, and should have been known to the clerk, that the members of this same firm had been prosecuted together for the same offence, had been fined together, and together paid their fines. Now, I maintain that when the clerk of the court insisted that another name should be inserted in the complaint in place of the names that were in the warrant, it was a violation of the duties of his office; and when he even hinted to the officers that they should give their consent, he was asking them to violate their oath of office, which, had they con- sented, would have justified the mayor and alder- men in discharging them from the police force.
Believing it impossible that such a state of af- fairs existed in any other place, where court officials could impede the enforcement of the law when it was their duty to render all the assistance in their power, I instructed the marshal to write to the chiefs of police of several cities, eight of whom have returned answers, namely: Haverhill, Lawrence, Lynn, Chelsea, Newton, Waltham, Fitchburg and Gloucester. The letters I have in my possession,
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MAYOR'S ADDRESS.
and in every case the answer has been that they have no trouble whatever in procuring warrants, all that is required being a statement from the marshal that he has reason to believe liquor is be- ing sold unlawfully, and that is all the law conten- plates.
One other point. The clerk of the court is also the bail commissioner, and is allowed to collect a certain sum for bailing persons out of the lockup after they have been arrested. Those arrested for drunkenness are often bailed out after they have sobered off. In going to the police station one night last summer, I was surprised to see a man coming out of the station so drunk that he could not stand. and had to be helped across the Market by his friends. Upon learning that he had been bailed out, I notified the marshal not to allow an- other man to be bailed out in any such condition.
I now wish to say to the citizens of Newbury- port that during the present year I shall once more attempt to enforce the law in regard to illegal li- quor sellers. I shall instruct the marshal never to apply for a search warrant until he is ready to use it; there will be no taking out of warrants this year twenty-four hours before needed. I shall also instruct him when applying for a warrant to simply say to the clerk that he has reason to be- lieve liquor is being sold there unlawfully, conform-
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ANNUAL REPORTS.
ing only to the requirements of the law, and if asked to state the evidence which he may have, to decline to give it; and if the clerk refuses to issue the warrant, I propose to know the reason why, and, if necessary, to carry the whole matter to the highest authority in the State. And anticipating any possible desire on the part of the clerk of the court to discuss the matter in the papers, I will say in advance that I shall not enter into any newspaper controversy, with him or anyone else, in regard to the matter. If he feels that he has been wronged in any way, or has any grievance whatever, I am perfectly willing to carry the whole matter before His Excellency, the governor, who has the appointing, and also the power of removing, all clerks of courts; and if he wishes to discuss the matter there I will gladly ac- commodate him, and will gather all the evidence I can and meet him there, if he so desires. In the meantime, while I have no desire to interfere with any of the clerk's rights or privileges, I shall not expect him to interfere in any way with the duties of the police force while I am the chief of police.
WATER QUESTION.
Not as yet having seen the engineer's report, and having very little idea as to what its contents will be, I shall not at this time discuss the water ques-
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MAYOR'S ADDRESS.
tion to any extent, but, if deemed necessary, will consider it later. But I want to warn the citizens against letting all such talk as they have heard and read in the papers, about their going water mad and the like, accomplish its purpose, which is to draw the attention of the people away from the one great question : the absolute necessity of the city's controlling its own water supply; which it must do for the protection of its rights, its prop- erty, and the lives of its citizens. The water com- pany have proven beyond any question that they are not to be trusted or believed, and the people should stand firm in defence of their rights, regard- less of the insolent boasts and threats of this com- pany. If their ten-million-dollar man they so ex- ultingly point to as backing them has more power than the city of Newburyport and the legislature of Massachusetts, then the sooner we ascertain that fact the better; but it has not yet been proven, and it will be time enough after it has been for any who may desire to bow down and worship him. But the people of Newburyport are not made of any such material. They belong to that class of true Americans who bend the knee . only to their God, for we firmly believe that in spite of money and corruption, right and justice will surely triumph in the end. Let us now turn back for a brief review of this question. In my ad-
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ANNUAL REPORTS.
dress one year ago I recommended that the city should go to the legislature and ask for a charter to construct a water system of its own. The rec- ommendation was unanimously adopted by the city council, and we petitioned for a charter. While it was admitted by all that such a course might be of some benefit to the city, they also declared that it would be impossible for us to obtain a charter, as such a thing had never been heard of before. Nevertheless, we accomplished what was said to be impossible, for although we were twice de- feated, first in the committee and afterwards in the senate, at last, after a hard fight, we succeeded in obtaining all we asked for. But it required a vast amount of labor, not only for myself, but on the part of the counsel for the city, the senators and the members of the legislature, who rendered us such valuable assistance; and I would especially mention Representative Martin, of Medford, who is entitled to the gratitude of the city for his earnest work in our behalf. I assure you that nothing but a desire to benefit my native city would ever in- duce me to again bear the strain of both mind and body that I went through last winter, as I lay awake night after night studying the matter, anx- . ious all the time for fear I might do something wrong, and make a mistake which would be of great injury to the city ; and if I had not received
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MAYOR'S ADDRESS.
the hearty encouragement and support of the city government and the citizens at large I could not have gone through with it. I have all along received a great deal of advice from those who, while professing hostility to the water company, are secretly working in its interest, but so far I have managed to steer clear of their traps and pit- falls. Whether it is really the intention of the wa- ter company to petition the legislature, as they have stated they should, to have our charter re- pealed-for that is what it means-or whether it is a bluff on their part to cover some other move, I do not know. They certainly have not complied with the law, which requires so many days' notice to be given. Last year, in the case of the city of Gloucester, they having failed to give notice, the legislature refused to suspend the rules to admit their petition. Even if the water company should succeed in getting their petition before the legisla- ture, I do not think there is any chance of its go- ing through. Our act, as it was finally passed, went through both the senate and house unani- mously, without any opposition, which was ac- complished by a mutual agreement made between the city and water company by their counsel and agents, in Governor Long's office in Boston, the water company agreeing not to oppose it any longer if the city would accept as an amendment
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ANNUAL REPORTS.
the clause providing that the citizens should first vote, by a majority vote, on purchasing the plant of the water company, and that it should require a two-thirds vote on the acceptance of the act giving the city authority to build works of its own, the water company feeling sure that with the papers on their side they could influence a majority of the voters to vote to purchase their property, and that if by any means they should fail in that, they did not consider it possible that we could get a two- thirds vote on the acceptance of the act. I con- sented to their conditions without any hesitation, as I had the utmost confidence in the people. Both the city and the water company took their chances in leaving it to the people. The water company, very much to their surprise, lost · while the city came out with flying colors; and with these facts to meet, it seems to me that it will be greatly to their disadvantage in asking the legisla- ture to undo what they consented to themselves. If they should make any such attempt, it will go to prove that all their talk about our act not be- ing legal has been simply bluff on their part, as they would not be likely to go to any such trouble and expense to repeal an act that they did not con- sider legal. If it was illegal, as they have claimed, it would only be necessary to let it alone, but if they should try to have our charter taken away
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MAYOR'S ADDRESS.
from us, we shall fight harder to keep it than we did to get it. Now a few words in regard to their water supply and the contrivance they have built, which they call a filter, costing them, I believe, in the vicinity of $20,000. Less than one-half their water supply is pure spring water; the remainder must be either river or surface water, in either case unfit to be used for drinking purposes. The spring water, what there is of it, is as good as can be found, but even that is not good spring water when it reaches us, as the spring water is allowed to flow from the wells into the pond and mix with the surface water, after which it is pumped from the pond through the pipes and delivered to the citizens; and as most of the stockholders in the water company are drinking either cistern or well water, or having spring water brought to their houses, which goes to prove that they do not con- sider the water furnished by the water company suitable to use for drinking purposes, I think it would be well for the citizens to follow their exam- ple, for if they are afraid to take their own medi- cine we have reason to feel a little shy of it. The contrivance they have named a filter, one end of which, with the well which is connected with it, has been built upon the town landing, is no more fit to be called a filter than an old-fashioned colander would be. I had photographs taken of
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ANNUAL REPORTS.
the whole arrangement, inside and out, before any sand was put into it or any dirt filled around it, not giving them any opportunity to cover up any of its defects. The whole arrangement is built close to the river bank, and there is nothing to prevent the river water at times from coming in at the bot- tom faster than it can be pumped in at the top, and I am confident that the State Board of Health will never give their consent to the use of such an apology for a filter. The engineer's report I expect along very soon, and I have no recommendations to make in regard to constructing new works un- til I know its contents. I have not seen the report or any part of it as yet, but it will be a thorough one, as he was instructed to make a thorough and scientific test of the whole district back of the city for a water supply, to prepare a plan and make an estimate of the cost, as well as to look carefully into the condition, cost, and present value of the plant of the water company, and I have no doubt the report will be of great value to the city. It has been long in coming on account of the thorough- ness of the engineer's work. No one has been wor- rying about its delay but those who are working in the interest of the water company, and they have been fretting with impatience to see if there might not be some points in it which could be taken advantage of by the water company.
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MAYOR'S ADDRESS.
CONCLUSION.
And now, gentlemen, in conclusion, let me re- mind you that the success of the present city gov- ernment depends largely upon the manner in which each member of the city council performs his duty. It is only by united and harmonious action that we can achieve the best results. The man, whether he be a member of the common council or of the board of alderman, or one altogether outside of the city government, who would in any way try to create a feeling of antagonism between the two branches of the city council is unworthy of your confidence or respect. You may rest assured that back of any such attempt will be found some scheme which is not in accordance with the city's interest. Let me, then, urge upon each one of you the necessity of doing all you can to prevent any such feeling, that we may all work together, doing only those things which will be for the best inter- est of the city, so that at the close of the year we may be able to give a good account of our stew- ardship. To the new members I extend a hearty welcome, and only ask of you to be true to your oath of office, which requires you to faithfully serve the city to the best of your ability. More than four-fifths of the present city council were members of the city governments of last year and
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ANNUAL REPORTS.
the year before, and I wish to say to them that never before in the history of this city has there been such an unusual and remarkable endorsement of the policy of a city government as that which on the twelfth of December last returned to seats in these council chambers eighteen members of last year's city government and three of the year be- fore, which was practically the same, making twenty-one out of the twenty-five members. It was a complete vindication on the part of the people of the ability and the integrity of the men who composed the city government of 1893, and an emphatic disapproval by the citizens of the low methods employed by rings, cliques and scheming politicians to bring discredit upon public servants, who were too honest to consent to be used by that class of men.
Once more, gentlemen, I beseech you, be true to yourselves and to your trusts. Do not be what are called policy men, those who say one thing to one person and something entirely different to an- other. We can never be on both sides of a ques- tion; then let us not try, for we shall surely come to grief if we do. Neither should we enroll our- selves among the class of weak-minded men who are always saying yes to everybody. Rather let us be, in every sense of the word, true men-men who have an honest opinion, and who dare express it in
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MAYOR'S ADDRESS.
a plain, out-spoken manner. Let us ever stand firm for the right, and so stand because it is right; then, no matter what evil-minded men may say of us, we shall surely be victorious in the end.
And now, as we are just entering upon a new year, a fitting time to form good resolutions, let us determine that during the year to come we will be better city officials, better citizens, better men in every way than we have ever been before; and fol- lowing the teachings of the golden rule, which bids us "do unto others as we would they should do un- to us," and in imitation of Him who when reviled reviled not again, but who out of the fullness of His heart could say, "Father, forgive them, for they know not what they do!" let us today, imbued with something of His spirit, ask God, the Father of us all, who in His mercy sends His rain alike upon the just and upon the unjust, to bestow His richest blessings upon every citizen of Newbury- port.
CONTENTS.
AUDITOR'S REPORT .
Page 59
CITY GOVERNMENT 1893
5
1894, last of book
3
COLLECTOR'S REPORT .
90
DETAILED STATEMENTS :
Abatement of Taxes 99
Ashes and Rubbish
100
Board of Health
102
Bridges and Culverts
103
Bromfield Fund
107
City Bonds
108
Fire Department
109
Fuel Department
115
Highway Department
Incidental Department
Interest Department
Lighting Streets and Public Buildings
Memorial Day
Miscellaneous Expenses
195 153
Parks and Public Grounds
157
Police Department
Poor Department
Printing
Public Library ·
Public Property
178
School Department
179
Sewerage (Construction)
185
(Maintenance)
187
116 I26 149 151 152
Notes Payable
158 161 169 170 171
Salaries of City Officers
74
ANNUAL REPORTS.
DETAILED STATEMENTS :
Sidewalks and Edgestones
Page 188
Soldiers' Relief .
193
State Account, Armory Rent
193
Water Supply
194
INAUGURAL ADDRESS OF MAYOR GURNEY, 1893 · 19
66
1894, last of book 17
OFFICE HOURS OF CITY OFFICIALS, ETC.
3
REPORTS :
Board of Health
291
Board of Assessors
251
Bridge Tender
247
City Engineer
219
City Marshal
241
City Registrar
21I
City Solicitor
235
Overseers of the Poor .
209
Public Library
257
School Committee .
317
Surveyor of Highways
281
Trust Funds .
301
STATEMENTS :
City Debt .
92
Account with State of Massachusetts
94
Commissioners of Atkinson Common
95
Debts Due the City
95
Income and Expenditures
85
Sinking Fund Commissioners
96
STATISTICAL ACCOUNT OF DEATHS .
314
TABULAR STATEMENT
86
City, County and State Taxes
204
TREASURER'S REPORT
88
TRIAL BALANCE, December 16, 1893
98
NEWBURYPORT PUBLIC LIBRARY 3 2128 00338 673 8
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