USA > Massachusetts > Essex County > Newburyport > City Officers and the Annual Reports to the City Council of Newburyport 1926 > Part 5
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1919
4.139
8,458,350
3,249,864
11,708,214
236,017.49
31,810.37
21,595.59
289,423.45
21.50
1920
3992
8,820,300
3,090,202
11,919,502
293,057.18
40,588.95
21,987.35
355,633.48
25.00
1921
3700
9,008,200
3,171,766
12,179,966
301,694.94
52,249.92
27,329.61
381,274.47
29.00
1922
4397
9,414,500
3,131,826
12,546,326
380,935.29
43,122.45
22,885.67
446,943.41
31.00
1923
448:2
9,753,770
2,861,700
12,615,470
418,916.62
42,236.00
27,136.30
490,288.92
34.00
1924
4558
10,427,300
2,669,762
13,097,062
4.71,005.88
25,766.40
22,138.09
518,910.37
36.00
1925
47.65 1
10,822,900
2,713,300
13,536,200
445,825.48
29,547.05
26,137.18
501,509.71
33.60
1926
4822 |
10,852,450
2,692,910
13,545,360
445,652.20
28,185.60
23,746.89
497,584.69
1 33.20
.
.
.
.
.
·
.
.
·
.
..
·
·
.
·
·
..
.
.
4471
7,416,500
2.942,315
10,358,815
1
181,955.40
5,592.50
9,924.53
Total Tax
15.80
1902
. .
Department Reports and Reports of City Officials
131
BOARD OF ASSESSORS
BOARD OF ASSESSORS
ANNUAL REPORT, 1926
To His Honor the Mayor and the City Council,
Gentlemen :
The Board of Assessors herewith presents its report for the year 1926.
The valuation of the city is as follows:
$10,852,450 Real estate
Personal property 2,692,910
$13,545,360
The State, County and City Warrants called for the following amounts :
State tax
$26,760.00
State highway tax
1,425.60
County tax
23,746.89
City tax
433,042.83
Judgments
8,297.85
Overlay
4,311.52
$497,584.69
After applying the estimated income, it was found necessary to make a tax rate of $33.20 to meet these requirements. This was a reduction of 40 cents from the rate in 1925.
The tax assessed on Real and Personal Estate and Polls amounted to the following :
Real estate
$360,301.34
Personal estate
89.404.59
Polls (4822)
9,644.00
$459,349.93
132
ANNUAL REPORT
The omitted or December assessments were:
Real estate (valuation) $800.00 1,000.00
Personal estate
$1,800.00
The number of dwelling houses assessed was 3551; horses 200; cows 290; other neat cattle 2; swine 22; fowl 1135.
The abatements made during the year were as follows:
On levy of 1920:
I
Oiling
$109.56
Tree work · 14.05
$123.61
On levy of 1921 :
Oiling
$22.80
Tree work
18.55
$41.35
On levy of 1924:
Real
$57.60
Personal
840.79
Poll
1,090.00
Oiling
91.26
Tree work
12.95
$2,092.60
On levy of 1925:
Real
$270.48
Personal
73.58
Oiling
42.80
$386.86
133
BOARD OF ASSESSORS
Levy of 1926:
Real
$1,034.18
Personal
2,331.35
Poll
142.00
$3,507.53
$6,151.95
CORNELIUS J. KILEY, CHAS. W. JOHNSON, E. G. MOODY, Assessors.
December 29, 1926.
134
ANNUAL REPORT
POLICE DEPARTMENT
CITY MARSHAL'S REPORT
To His Honor the Mayor and Board of Councillors of the City of New- buryport :
Gentlemen:
The whole number of arrests during the year ending December 31, 1926 for offences committed within the City of Newburyport is 535 of which 137 were of foreign birth, 398 were born within the limits of the United States, 41 were females and 72 were minors.
Arrests Were for the Following Causes, viz:
Assault and battery
19
Assault on officers
2
Assault with a dangerous weapon
1
Assault with intent to kill
1
Breaking and entering
2
Carrying concealed weapons
1
Criminal trespass
3
Cruelty to dumb animals
1
Delinquents
8
Disturbing the peace
7
Drunkenness
146
Forgery
1
Insane
19
Interfering with an officer
4
Larceny
13
Maliscious mischief
1
Neglected children
12
Non support
17
Receiving stolen property
2
Runaway boys
9
Runaway girls
2
Safe-keeping
104
Truants
1
Violation of the automobile law
54
135
POLICE DEPARTMENT
Violation of city ordinances
10
Violation of the liquor law 36
Violation of the milk law
1
Violation of the school law
1
Selling cold storage eggs not properly marked
2
Neglect of children
3
Taken and the possession of Clams without a permit from a restricted area
28
Assault and robbery
3
Violation of the Illegitimate Child Act
4
Violation of parole
3
Throwing glass in the street
1
Uttering a fraudulent check
1
Sounding a false alarm of fire
1
Assault with intent to rape
1
False imprisonment
1
Violation of the game law
5
Storing gasoline without a license
1
An attempt to break and enter
3
Total 535
Disposed Of As Follows, viz:
Appealed
47
Bound over to Superior Court
9
Cases continued 11
Cases dismissed 14
Cases settled without trial
1
Committed to Danvers Hospital
18
Committed to Westboro Hospital
1
Committed to the Concord Reformatory
1
Committed for non-payment of fine .
6
Committed to Department of Public Welfare
3
Committed to State Farm, Bridgewater
7
Defaulted
2
Discharged by Court
35
Fined and paid
122
House of Correction
9
Placed on file
54
Put on probation
22
Put under bonds to keep the peace
1
Released 104
Released by the probation officer
12
Sentence postponed 25
Turned over to other officers
19
136
ANNUAL REPORT
Turned over to parents 10
Committed to the Industrial School at Shirley
2
Total
535
Miscellaneous
Amount of property reported lost
$14756
Amount of property recovered
$13818
Amount of imprisonment imposed (days)
500
Accidents reported
166
Ambulance calls
2
Assisted other officers
211
Attempt suicide
1
Buildings found open and secured
791
Complaints investigated
769
Dangerous wires and poles reported
19
Defective places in streets reported
44
Disturbances suppressed without arrest
3
Dogs killed
34
Escorts furnished processions
4
Extra duty, W. room, B. ground, yacht race, fair grounds, circus
67
Fire Alarm Boxes found open
23
Fire alarms given
7
Fires extinguished without alarm
5
Glass in Fire Alarm Boxes found broken
28
Injured persons assisted
24
Intoxicated persons helped home
8 230
Lights furnished for dangerous places
1
Lights reported out in stores
99
Liquor seizures
19
Lost children restored to parents
10
Meals furnished lodgers and prisoners
93
Notified to remove snow from sidewalk
.
33 750
Officers for extra duty
.
Officers for extra duty at City Hall
42
Overheated stoves
2
Search warrant for liquor, served
.
.
Sick persons assisted
6
Street obstructions removed
2
Street lights reported out
472
Streets barred on account of sickness . . .
3
Sudden or mysterious death, notified medical examiner . ..
5
.
Horses killed
6
Lights found burning in buildings
29
Search warrants for property
2
137
POLICE DEPARTMENT
Wagon calls
234
Water found running in buildings
14
Water main burst, superintendent notified
7
Windows found open and secured
96
Windows found broken
172
Summons served for other Police
24
Number of visits to Pool Rooms
860
Respectfully submitted,
JOHN L. McLEAN, City Marshal.
City of Newburyport, January 1, 1927.
138
ANNUAL REPORT
FIRE DEPARTMENT
Honorable Mayor and Councilors :
Gentlemen :
The year of 1926 has come to a close and at this time I am sending you a report of the doings of the department for the year that is past.
We have responded to 222 calls, 40 of them have been bell alarms and 182 have been telephone calls. This is the record of any year since the de- partment has been organized.
The loss for the year is $138,859.71, which I consider is small according to the conditions and the equipment and the localities where the worst fires occurred, and I think it is up to the City Council to do all in their power to get the department motorized and put in the same class with other cities of the same size in our State.
Equipment
We have at the present time 11,000 feet of hose of which some of it will go bad the first time it is used, and the bursting of a line of hose some- times means the loss of human life, or a building.
We have one 750 gallon Seagraves Triple Combination, 2 Steam Fire Engines in service, 1 steam fire engine in reserve, 3 hose wagons, 4 hose pungs, 1 supply wagon and 1 Maxim Combination Ladder Truck and Chem- ical.
Fire Alarm
The fire alarm is very poor the same as last year. We have nothing on the outside below State street, and this being a call department where the men have to depend on the alarm, we have been very lucky to get as many men to work at the fires as they have done in the past.
139
FIRE DEPARTMENT
Recommendations
I recommend the purchase of 3000 feet of good fire hose to bring the amount up to what we ought to have on hand at all times.
The purchase of one 750 gallon triple combination pumper to take the place of Engine No. 2 which is about ready to be discarded.
The laying of a cement floor in the Central Fire Station to take care of what apparatus that will be put there in the future.
The addition of four more permanent men assigned to the Central Sta- tion. With the addition of the men you will always have a force large enough to go to work and save a great many bell alarms.
The Chief, whoever he may be, should be a permanent man and should be on the job at all times and should have time to make all the inspection work in the business district or any other place where he thinks he could elimi- nate the fire hazard, and he should have a suitable conveyance owned by the city, to be used in the line of duty.
I also recommend the installation of a suitable outside fire alarm for the south end and the overhauling of the entire system, and put it in first class shape. There are a lot of other things that I would like to ask for but I will be thankful, and I know the city will be a great deal better pro- tected by having these things done.
Respectfully submitted,
JOHN O. ERICKSON,
Chief of Fire Department.
140
ANNUAL REPORT
-
BOARD OF HEALTH
To the Mayor and City Council:
The Board of Health submits its report for the year 1926, as follows:
The year was not marked by the unusual prevalence of severe epidemic disease. An exception may possibly be made to this statement in the case of scarlet fever which prevailed throughout the year to a certain extent, ris- ing to its height in February, with twelve cases and declining thereafter with a total of forty-one cases. The disease was of a mild type. There were but three cases of diphtheria during the entire year, and one case of typhoid fever. Whether the decline in diphtheria is due to the employment of pre- ventive inoculation, among school-children in previous years, is perhaps a question, as a corresponding decline in this disease has occurred throughout the State. It would seem advisable, however, that the work of prevention should continue in order to remove from the community this menace to the lives of children. We wish to call attention to the importance of this work, and to request a small appropriation to enable the Board to continue the ad- ministration of toxin-antitoxin in the schools of the city. Heretofore this work has been done gratuitously by our physicians under direction of the District Health Officer; but, as disease prevention is obviously in the in- terest of the entire community, it seems proper, in the future, to request the City to bear the expense.
By means of close affiliation with the Newburyport Health Center the Board has been enabled to keep informed of the sanitary condition of all public eating places. Visits of inspection have been made by Mrs. Willis J. Bickford and other nurses connected with the Health Center, and detailed reports are on file at our office. Based upon these reports, the Board has issued certificates of merit to all establishments where high standards of cleanliness prevail; and, in appropriate cases, measures have been taken to correct unsanitary methods of handling foodstuffs.
We have endeavored, as far as possible, to establish thorough methods of inspection of the handling and purveying of meat and fish, fruit, vege- tables, milk, etc. Ideal results, however, in an undertaking of this nature, can be secured only by good team work between the inspectors and the heads of the Department. It is regrettable that such cordial and energetic cooperation is not always to be obtained. We feel, however, that a distinct. forward step has been made in maintaining a record at our office of all
141
BOARD OF HEALTH
work performed by our inspectors. Without such records the Board must necessarily remain in ignorance of the very matters which are supposedly within their province to oversee and control.
The routine work of the collectors of ashes, rubbish and garbage has been carried on, we believe, with satisfaction to the citizens. There has been little, if any, criticism of the collectors. The city dumps, however, are objects of frequent criticism; and it is quite evident that they constitute a public nuisance, especially in warm weather. An expenditure of three hun- dred dollars to clean up the Oak street dump seemed justifiable during the a fall season; and a further outlay of five dollars per week to maintain wholesome condition in the premises seemed wise. Not all of those who wished to dispose of decaying meats, vegetables, and other produce were willing to discharge their loads at the dump, but they were content to leave refuse of this nature in the open area at a distance from the spot set aside by the Board for the disposal of waste. The burden seemed to rest upon our Board to keep the premises tidy; but we have found that it is not rightfully within our province, and that the expenditure of public funds for the pur- pose is illegal.
We have to report the resignation of Dr. Harold G. Little as Milk In- spector, and to state that the vacancy in this department is still unfilled. The position calls for a laboratory technician especially trained in milk analysis and in the use of the microscope; and, while two applicants have taken the civil service examination, we have not been advised by the com- missioners that either one is eligible.
Detailed reports of the various departments follow.
THOMAS R. HEALY, Chairman.
142
ANNUAL REPORT
CONTAGIOUS DISEASES
January 1, 1927.
Chicken Pox
Measles
German Measles
January
13
January
22
January 6
February
2
February
8
February
1
April
4 March
28
March
2
May
1
April
42
April
1
June
2
May
13
May
1
July
1
June
8
June
1
September
1
December
1
October
2
November
1
December
3
30
122
12
Pneumonia, Lobar
Scarlet Fever
Mumps
January
4
January
9
January
1
February
3 February
12
February
2
March
17
March
3
March
1
April
4 April
1
April
2
June
1
June
1
June
1
September
1
July
3
December
1
October
4 August
4
December
3 September
1
October
4
November
3
37
41 8
143
BOARD OF HEALTH
Diphtheria
Whooping Cough
October
1
February 2
November
2
March
19
January 1
March
2
April 1
1
Influenza
January
1
October
7
March
86
November
3
April
34
December
6
May
1
122
53
7
Dog Bite Rabid
Encethalitis Lethargica
Total Diseases
January 58
February 30
March
159
April
100
May
1
Septic Sore Throat
May
2.2
June
17
July
6
August
5
September 3
October 19
November 10
December
15
July
1
Cerebro Spinal Meningitis
Tuberculosis of Spine
June 1 March 1
444
3
May
3
June
July
1
June
1
December
1
May
1
October
1
Typhoid Fever
Trachoma (old)
November
1
August
1
Syphilis
Opthalmia Neonatorum
January .
1
-
Pulmonary Tuberculosis
April 11
1
May
144
ANNUAL REPORT REPORT OF AGENT
December 31, 1926.
To the Board of Health, Newburyport, Mass.
Gentlemen :
Following is the report of the Agent of the Board.
Complaints attended to and calls made during year 450
Notices sent
25
Dead animals buried 150
Cesspools
30
Pigs removed
20
Water closets
16
Respectfully submitted,
WILLIAM THURSTON, Agent
REPORT OF THE BACTERIOLOGIST
February 10, 1927.
To the Board of Health, City Hall,
Gentlemen :-
The following is a report of the laboratory examinations which I have made for your board during the year ending Dec. 31, 1926:
Positive
Negative 136
137
Sputa
.0
28
28
Total
.1
164
165
Respectfully submitted,
R. D. HAMILTON, M. D.
Total
Throat Culture
1
BOARD OF HEALTH
145
REPORT OF THE INSPECTOR OF PLUMBING
January 31, 1927 .
To the Board of Health, City of Newburyport
Gentlemen :---
I herewith submit report of plumbing inspections for the year 1926.
There has been thirty-eight (38) inspections made during the year most of which were for additions and remodelling.
Yours respectfully,
R. W. NELSON, Inspector.
REPORT OF INSPECTOR OF SLAUGHTERING
October 27, 1926.
Report of Inspector of Slaughtering, Meats and Provisions for the month of October, 1926.
Animals Killed
Cows
24
Calves
98
Hogs
32
Total
154
Animals Condemned
Cows 1
Have visited markets from time to time and found them in a satisfact- ory condition.
Respectfully submitted,
T. D. DONAHUE,
Inspector.
146
ANNUAL REPORT
REPORT OF INSPECTOR OF MEATS AND PROVISION
September 29, 1926.
Report of T. D. Donahue, Inspector of Meats, Provisions and Slaughter- ing from June 1, 1926 to September 29, 1926.
June, 1926
Cows 19
Calves 74
Hog 26
Sheep
July, 1926
27
93
7
. .
2 condemned.
Cause, tuberculosis.
21
84
6
. .
September, 1926
16
104
. .
1 condemned. Cause, emscoated.
Total
83
355
39
I have made at least one visit to every market and found conditions fair for summer weather, with the exception of one store on Water street owned by a Mr. Checkoway, and had him clean up his store. One new store has been opened, Wells' Market, on Inn street. Its condition is of the best. One room, ice refrigeration, personnell fine. Have had one complaint. in- vestigated and found complaint groundless. In regards to making fruit dealers covering up their goods, there is no law that compels them to do so legally speaking.
Respectfully submitted,
T. D. DONAHUE.
Inspector.
. .
August, 1926
1 condemned. Cause, tuberculosis.
147
BOARD OF HEALTH
REPORT OF SCHOOL PHYSICIAN
December 31, 1926.
Newburyport Board of Health, Newburyport, Mass.
Gentlemen :
The City has been most fortunate all through the past year in sickness. There has been but five (5) cases of mumps, six (6) cases of measles and no case of scarlet fever in our schools since the beginning of the school term. The number of schools visited was 6, the number of class room in- spections 36, the number of pupils inspected 338. The following is the list of the defects found in the examination of 338 pupils in the first and fifth grades :
Hypertropied tonsils 16
Soar throats (Follicular tonsils and Quincy soar throats) 3
Pulmonary diseases
6
Orthopedic defects
3
Malnutrition 5
Heart troubles ( all forms)
4
Skin diseases
5
Number of cultures taken
6
First Aid Treatment given
8
Number of children reporting to the clinic or family physician 20
Number accompanied to the clinic by the school nurse 18
Treatments :
Eyes
3
Ears
2
Heart
4
Throat
6
Number of cultures negative
6
At the time of our physical examination, which was done last Septem- ber, I found about 70% of all the children in the first and fifth grades with poor posture. However, I am sure that in a short time the work of our physical director will show a great number of children with strong abdom- inal muscles and erect heads.
Very truly yours,
J. W. SHAW,
School Physician.
148
ANNUAL REPORT
REPORT OF CITY REGISTRAR
Birth Registered 1926
Including 13 stillbirths, 6 males, 7 females.
Male
Female
January
21
26
February
16
21
March
13
15
April
17
27
May
16
23
June
22
24
July
18
24
August
20
22
September
22
19
October
12
16
November
14
11
December
19
17
210
245
Nativity of Parents
Father
Mother
Newburyport
U. S. outside of Newburyport
218
222
Austria
0
1
Canada
22
20
England
4
4
Finland
2
2
Germany
2
0
Greece
18
15
Ireland
5
12
Italy
7
5
Poland
12
13
Portugal
1
1
108
115
Armenia
5
5
149
CITY REGISTRAR
Provinces
22
23
Russia
14
10
Scotland
2
2
Sweden
0
1
Turkey
3
4
Unknown
10
0
455
455
Births outside of Newburyport parents residing in City 9; 4 males, 5 females.
Births in Newburyport, parents residing elsewhere 151; 78 males, 73 females.
Marriages Registered 1926
January
8
February
9
March
5
April
13
May
12
June
26
July
10
August
20
September
16
October
13
November
16
December
4
152
Nativity of Contracting Parties
Groom
Bride
Newburyport
48
54
U. S. outside of Newburyport
83
73
Armenia
1
1
Canada
4
3
Greece
1
1
Italy
2
1
Ireland
0
2
Poland
4
2
Provinces
6
12
Russia
1
2
Sweden
1
1
Unknown
1
0
152
152
150
ANNUAL REPORT Deaths in Newburyport, 1926
Including 13 stillbirths; 6 males, 7 females.
Male 7
Female
January
8
February
12
12
March
9
14
April
18
16
May
7
11
June
9
1.6
July
9
7
August
13
5
September
13
10
October
14
13
November
10
8
December
12
14
133
134
Non-resident deaths in the City
53
Residents of this City dying elsewhere
33
Non-residents buried in this City
46
1
DEATHS, WITH PRINCIPAL CAUSE AND AGE PERIODS EXCLUSIVE OF STILL BIRTHS
Cause
1 yr. 1-4 5-9 10-14 15-19 20-24 25-29 30-34 35-39 40-44 45-49
50-54
55-59
60-64
65-69
70-74
75-79
80-84 85-89
90-94
95 up
Total
M
1
1
1
1
1
1
1
7
Accidental
F
1
1
1
1
1
3
2
10
Cancer
I
1
3
2 2
1
1
1
12
F
2
1
3
2
4
4
5
39
Circulatory
M
1 1
1
1
1
1
1
1
2
9
5
9
2
4
6
5 47
System
F
1
1
5
Disease of
M
1
1
1
1
1 2
1
1
11
Kidneys
F
1
1
2
3
1
2
Pneumonia
all Forms
F
1
1
1
1
1
4
1 10
M
1
1
1
Tuberculosis
F
2
1
1
6
5
1
1 18
Nervous
F
2
1
1
1
1
1
1
6
2
1 17
M 11 5
1
1
2
1
4
1
5
3
34
All Cthers
F 7 2
1
2
3
1
1
2
3
3
25
Totals
19 11
3
3
4
6
5
2
5
5
5
12
16
24
29
32
33
24
8
7
1 254
1
1
2
M
15
M 1 2
1
1
Fulmonary
M
1
System
5 10
152
ANNUAL REPORT
CITY SOLICITOR
January 22, 1927.
To the City Council Newburyport, Mass.
Gentlemen:
In accordance with the provisions of the Municipal Ordinance I here- with submit a statement of the matters handled by the Law Department.
The following matters which were in litigation during 1926 are no long- er considered active matters :
First, the suit of Eben P. Allen against the City for the recovery of an alleged arrearage in compensation. In this matter the plaintiff has not been active in the prosecution of his claim.
Second, Benjamin J. Checkoway vs. the City, replevin suit in which the plaintiff procured an assessment of damage in the sum of one $ (1.00) dollar. It is doubtful if it will be necessary to carry the same into the ap- pellate division.
Third, H. B. Little et ali vs. Charles E. Houghton and William Balch, city officials. This is a tax payers' petition brought with reference to the account of the Martin W. Dugan Company for work performed for the Poor Department. It was heard upon its merits before the Superior Court and a decree entered against the defendants enjoining them for recognizing the order of the City Council to pay the bill. Early in the year suit was brought by the Martin W. Dugan Company directly against the City and later you directed me to settle the same for a figure at about one-half of the account. Your order in this respect was carried out.
Fourth, Louis C. Zega vs. John L. McLean, City Marshal, a suit brought for false arrest in the sum of ten thousand ($10,000.00) dollars. In this matter I procured a non-suit when the case was reached for trial.
Fifth, Dorothea M. Zega, vs. James L. French, special officer, a suit brought for false arrest in the sum of five thousand ($5,000.00) dollars. In this matter I procured a non-suit when the case was reached for trial.
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Sixth, Charles E. Houghton, Tax Collector, vs. Goldia Kantrowitz. This was a small suit brought to recover a tax bill. At a hearing upon the merits in the equity session a verdict was rendered for the City.
Seventh, Walter E. Atkinson, petitioner, vs. the City. This was a Land Court case with reference to the old public way existing south of the Cus- tom House in which the petitioner set up that the public rights therein had been abandoned. The decision of the court established that a public way still exists there.
Eighth, County of Essex, vs. the City of Newburyport. This is the Tubercular Hospital tax case in which the City's interests were taken care of by Robert G. Dodge of Storey, Palmer, Thorndike and Dodge. The decis- ion in this case was adverse to the City.
The following cases were reported upon last year but none have been reached for trial:
First, John J. Evans vs. the City, an action of contract in the sum of fifteen thousand ($15,000.00) dollars for alleged breach of the building mov- ing contract which the plaintiff had with the City.
Second, Dorothea M. Zega vs. John L. McLean, City Marshal. A suit for alleged false arrest in the sum of two thousand ($2,000.00) dollars.
Third, Mary A. Nevins vs. the City. A suit brought in the sum of ten thousand ($10,000.00) dollars for a personal injury received because of an alleged defect in the sidewalk.
Fourth, George A. Weare vs. the City. A suit brought for alleged sew- er damage in the sum of one thousand ($1,000.00) dollars.
The following new cases have been entered against the City:
First, Harry D. Stillman vs. the City. This is a suit brought for per- sonal injuries alleged to have been received because of the defective con- dition of the highway upon Threadneedle Alley in the sum of twenty-five thousand ($25,000.00) dollars.
Second, George Page vs. the City. This is a suit brought for personal injuries alleged to have been received because of the defective condition of the highway upon Water street in the sum of twenty-five thousand ($25,000.00) dollars.
Third, Henry Buckley vs. the City. This is a suit in the sum of five hundred ($500.00) dollars for wages alleged to be due from the City upon the claims assigned to him by former employees of the tree and moth and park departments. This is a suit in which the plaintiff has attempted to establish that Charles P. Kelley occupies the office of superintendent of
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