USA > Massachusetts > Essex County > Newburyport > City Officers and the Annual Reports to the City Council of Newburyport 1894 > Part 3
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MAYOR'S ADDRESS.
must expect them to find fault with about everything you do, for they never support any city government that will not consent to be run by them. They have not been very successful in that respect the last two years, and so they have improved every possible op- portunity for finding fault, and when no such oppor- tunity could be found they have not hesitated to make one up out of whole cloth. They will meet with no better success in running the city government the present year than they have the last two, for during the year to come there will be but one mayor, just six aldermen, and only eighteen members of the common council, for that is all we are allowed by law to have; and these men, and no others, are the men who have been chosen by the people to look after the affairs of the city. These are the men who are going to run the city government the present year, and they are going to run it on business principles, as they have the last two years, and in the city's interests; and at the close of the year they are going to give a good account of their stewardship, not to a news- paper, but to the people. And we shall be perfectly satisfied to have the people judge of our work.
POOR DEPARTMENT.
This department is most creditably managed by those having it in charge .. We have, very pleasantly
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situated, an excellent building, which is not excelled, if it is equalled, by any city or town in the state. There those who have been unfortunate are furnished with comfortable quarters and are provided with an abundance of good wholesome food, and everything is done to make their lot in life as pleasant as possible. We also have the usual number of what we call the outside poor, who are aided to some extent by the city; and, notwithstanding the hard times which we have felt in common with other places, on account of the business depression extending all over the country, we have not as yet had any unusual calls made upon this department, there having been about four dollars more expended in the three months end- ing December I, than in the same months last year, which is certainly very gratifying. I have no doubt but there are many who have not been in the habit of receiving assistance, but on account of being unable to obtain employment have hard work to get along; but there is no need of any person in this city suffer- ing from hunger or cold, and if they are in need and will only let it be known, they will find plenty of warm hearts and willing hands ready to help them.
POLICE DEPARTMENT.
The unusual harmony which has existed in this department for the last two years has certainly in-
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creased the efficiency of the police force, and I be- lieve that as a whole, the force will now compare favorably with that of any other city in the State. Owing to the hard times there has been an unusually large number of lodgers at the police station within the last few months, many of them honest laboring men out of employment, travelling from one place to another in search of work. We have also had the usual number of tramps,-men who, apparently, would much rather die than work; and I sometimes think it would not be any loss if they should, for the professional tramp is a nuisance. Of no earthly use to himself or any one else, he is simply an incum- brance upon the earth, and I heartily wish some means might be devised whereby they could be kept outside our borders. As a city we have been re- markably free from what might be called real crime, most of the work of the police being the arrest of in- toxicated persons; and even in this respect there has been a very marked decrease in the number arrested. In connection with the morals of the city, I will briefly allude to the closing of the houses of ill fame. In my address of last year I promised to close all such places, and I have kept my word. They were not closed with a flourish of trumpets, and in such a manner as to draw a crowd, but in a very quiet way. In place of sending a barge around and arresting all
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the inmates and locking them up in the police station, as was done in one city. I adopted what to my mind was a much better course. I notified the keepers of such houses, one at a time, to call at the city marshal's office. I met them at that place, and after saying to each one that I did not wish to im- prison them or to injure them in any way, I reminded them that they were violating the law ; that there was a demand on the part of the citizens that their places should be closed; that it was my duty to enforce the law, and that I should certainly perform my duty in that respect. I then informed them that they might have until a certain time to close up. Most of them, after thanking me for the manner in which they had been treated, said they would close their places, and they did so. In two instances only were any ob- jections made, they claiming that I had no right to drive them out of town, and that they would not go; but they afterwards changed their minds and left the city. There has been a remark made lately, in a sneering manner, that the houses which were squelched a year ago were resuming business, and with the understanding that they would not be molested again. That story is absolutely false, and known to be so by the one who concocted it. At one of the places, although the house has been shut up the furniture has remained, the former keeper
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having given out word that she will return when there is a new mayor here. There have been but two actual attempts to return. One of them had been living in her old quarters two days before it came to my knowledge. I immediately sent for the owner of the house and informed him that if he allowed them to remain he would be prosecuted for renting his building for immoral purposes. I then sent for the keeper, and informed her that it was no use for her to think of remaining there, and that she must close her place, which she did, going out of the city. The other case was that of the keeper of the Eagle house, who returned from the Beach and resumed business. She was notified to appear at the mar- shal's office, and both the niarshal and myself tried to reason with her, but it did no good. She was again notified to appear, and I then told her that it would be the last time she would be sent for, and that if her place was not cleared out we should clear it out for her, and she would be summoned in court to answer to the charge of keeping a disorderly house. The inmates were then sent away, and the place was once more quiet. Soon after she was sent to jail on a charge of keeping a 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
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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 posi- tion I shall try to keep it so.
LICENSE AND THE LIQUOR QUESTION.
That intemperance, with the misery which invari- ably accompanies it, is a great evil no one can deny ; that a large amount of the crime as well as the pov- erty in our land can be traced directly to the abuse of intoxicating liquor we must also admit. But when we come to the question as to how we can best rem- edy the evil there is a wide diversity of opinion, and when we consider that for six thousand years intem- perance has prevailed, to a greater or less extent, among all peoples and in every tribe of men, it is no wonder that we are uncertain as to the best means to be used for checking its ravages. While some argue that we should prohibit the sale of liquor, others be- lieve prohibition to be impracticable, and advocate high license under certain restrictions; and there are honest men on both sides of the question.
If I thought voting to prohibit the sale of liquor would prevent even any drunkenness in this city I should certainly vote that way; and so, I believe,
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would nearly all of our citizens, including the liquor sellers themselves. While prohibition may be suc- cessful 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 public opinion is certainly against it, for no law can be en- forced where public opinion is not in favor of its en- forcement. 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 monopoly in the business. That clause, in my opinion, is the only bad feature in our present license law,-bad both on account of its in- justice and of its evil effect in our elections. Strike out the limit clause in the license law and you re- move the liquor question 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 obtain 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 re- mains 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
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a license. Now the prohibitionist argues that if you stop the sale of liquor you stop the demand. I can- not agree with him, for it seems to me it is beginning at the wrong end. If it were possible to stop the sale -and no one believes that it is-even then the de- mand 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 believe that if the same amount of labor which, in my opinion, is wasted every year in trying to prohibit the sale of liquor, should be put into the work of reforming those who are under its influence, more real good would be ac- complished 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 institu- tions of a like nature. They are beginning at the right end, trying to stop the demand. But do not think for a moment that these are benevolent institu- tions, for they are not. They are money-making en- terprises, 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 connected 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
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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 unable to obtain the $100 required to pay for it, and I believe we should appeal to the legislature to enact a law providing for the treatment in our county institutions, where, I am in- formed, it could be carried out at an expense not ex- ceeding $25, which would make it much cheaper in most cases to reform 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 reclaiming the liquor drinkers, they would accomplish much more than they do for the cause of temperance. 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 in- toxicating liquor you stop the sale of just so much. Now in regard to the enforcement, or, as many will claim, the non-enforcement, of the license law. You have been told lately that while only thirteen persons in the city can legally sell liquor, sixty-five United States licenses have been taken out. All such talk is clear nonsense. No one but the United States
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revenue officials 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 question but what there are some-perhaps fifteen, possibly twenty-more United States licenses taken out in this city than there are regular licensed liquor dealers, and I have no doubt but what liquor is sold in some places that have no license 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 prose- cuted them? and I am going to tell you why we have not. When first elected to the mayor's office I de- termined to enforce the law in regard to illegal liquor selling. First, because I believed it to be my duty as mayor 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 license. Accordingly, I instructed the marshal to take out warrants, and to raid all places where he had reason to think liquor was being sold unlawfully, and I be- lieve he made an honest attempt to enforce the law. But I soon found that something was wrong,-that someone was placing obstacles in the way of the en- forcement of the law, and I determined to look into the matter carefully, and if possible to find out who
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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 en- forced in this city is on account of the unreasonable and, in my opinion, illegal requirements of the clerk of the police court before he will issue a warrant. The marshal, when he has been able to obtain a war- rant, has been obliged to take it out some hours be- fore he was ready to use it, and consequently, in a number of cases, the parties have seemed to be pre- pared for the coming of the officers. 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 myself, 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 be-
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fore the one on which the raid was made, about a hundred 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 unnecessary for me to say that at all three places the officers were un- successful, no liquor being found. The marshal also informs me that he experiences great difficulty in ob- taining 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 unknown 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 justi- fied in requiring 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 cer- tain responsibilities, and is sworn to the performance of certain 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 know that it is his duty to issue the warrant without 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
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liquor 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 unlawfully, neither has the clerk any idea that a half-dozen offi- cers 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 be- lieved they were selling liquor at one of the places, and the marshal says that when he asked for a war- rant 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 war- rant, 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 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 marshal and the other officer, who were ready to make the
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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, instruct- ing him to obtain warrants, and to prosecute in the courts all owners or keepers of unlicensed dogs. About two months ago I reminded that official that there must be a number of unlicensed 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 in- formed me that the clerk 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
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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 liquor. It was the second or third of- fence of the parties, 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 anything about him, that his name was not in the warrant, 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 statement to be true, that the clerk of the court insisted that this man's name should be sub- stituted 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 persecuting these men, because they refused to consent to such gross violation of law. On this ac- count the case was kept out of court several days, until 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
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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 prose- cuted 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 com- plaint 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 consented, would have justified the mayor and aldermen in discharging them from the police force.
Believing it impossible that such a state of affairs 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 in- structed the marshal to write to the chiefs of police of several cities, eight of whom have returned answers, namely: Haverhill, Lawrence, Lynn, Chelsea, New- ton, Waltham, Fitchburg and Gloucester. The let- ters I have in my possession, and in every case the answer has been that they have no trouble whatever in procuring warrants, all that is required being a
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statement from the marshal that he has reason to be- lieve liquor is being sold unlawfully, and that is all the law contemplates.
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 af- ter 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 another man to be bailed out in any such condition.
I now wish to say to the citizens of Newburyport that during the present year I shall once more at- tempt to enforce the law in regard to illegal liquor 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 believe liquor is being sold there unlawfully, conforming 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
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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 appoint- ing, and also the power of removing, all clerks of courts; and if he wishes to discuss the matter there I will gladly accommodate 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 du- ties 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 question to any extent, but, if deemed necessary, will consider it later. But I want to warn the citizens against letting
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MAYOR'S ADDRESS.
all such talk as they have heard and read in the pa- pers, about their going water mad and the like, ac- complish 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 property, and the lives of its citizens. The water company have proven beyond any ques- tion that they are not to be trusted or believed, and the people should stand firm in defence of their rights, regardless of the insolent boasts and threats of this company. If their ten-million-dollar man they so exultingly point to as backing them has more power than the city of Newburyport and the Legislature of Massachusetts, then the sooner we ascertain the 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 peo- ple 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 be- lieve 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 address 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 recom-
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