City Officers and the Annual Reports to the City Council of Newburyport 1938, Part 5

Author: City of Newburyport
Publication date: 1938
Publisher:
Number of Pages: 194


USA > Massachusetts > Essex County > Newburyport > City Officers and the Annual Reports to the City Council of Newburyport 1938 > Part 5


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127


CITY MARSHAL


Ordered to leave city 1


Ordered to leave State 1


MISCELLANEOUS


Amount of property reported lost $978.75


Amount of property recovered $771.30


Amount of imprisonment imposed (days) 2339


Amount of imprisonment imposed and suspended (days) 2790


Accidents reported


63


Ambulance calls


148


Assisted other officers


226


Suicide


2


Buildings found open and secured


392


Complaints investigated


730


Dangerous wires and poles reported


9


Defective places in streets reported


121


Disturbances suppressed without arrest


5


Dogs killed


5


Duty calls 27,879


2


Fires extinguisred without alarm


5


Gas Pumps found opened


3


Injured persons assisted


20


Intoxicated persons helped home


23


Lights found burning in buildings


194


Lights furnished for dangerous places


5


Lights reported out in stores


145


Lost children restored to parents


10


Number of visits to pool room


944


Notified to remove snow from sidewalk


43


Nuisances investigated


9


Officers for extra duty at High School


19


Officers for extra duty at church


5


Officers for extra duty at City Hall


57


Overheated stoves


3


Search warrant for gaming implements


3


Search warrants for property


4


Sick persons assisted


19


Safes found opened


6


Street obstructions removed


5


Street lights reported out


3'26


Sudden or mysterious death, notified medical examiner


Z


Telephone calls


404


Wagon calls


47


Water found running in buildings


6


Water main burst, superintendent notified


4


Fire alarms given


128


ANNUAL REPORT


Windows found open and secured


48


Windows found broken


39


Summons served for other Police


45


Automobiles stolen


16


Automobiles recovered


18


automobiles stopped and warned for speeding


503


Automobiles stopped for defective lights


207


Attempted holdup


1


Bicycies stolen


17


Bicycles recovered


13


Cats gassed


88


Cats found dead in streets


46


Dogs gassed


76


Dogs killed by automobiles


32


Dogs found dead in streets


10 13


Dogs lost


Dogs found


6


Dangerous buildings reported


8


Dangerous chimneys reported


5


Dogs ordered restrained


7


False Alarms for fire


2


Fatal automobile accidents


1


Hens stolen


8


Hens killed by dogs


13


Hydrants leaking


8


Lights out in banks


6


Notified to license dogs


181


Traffic lights out


8


Persons bitten by dogs


35


Officers on extra duty, High School


19


Officers on extra duty, Ward Rooms


25


Officers on extra duty, Circus


4


Officers on extra duty, Parade


12


Officers on extra duty, Dance Halls 67


Officers on extra duty, Theatres


52


Respectfully submitted,


JAMES E. SULLIVAN,


City Marshal.


129


CITY SOLICITOR


Report of City Solicitor


May 1, 1939.


City Council, City of Newburyport.


Gentlemen :


In accordance with the provisions of the city ordinance relative to the office of City Solicitor, I herewith submit my report for the year 1938.


CASES TRIED


Fire Department Cases. Frank Coffey, Frank D. Bateman and James J. Daley were promoted to the permanent force of the Fire Department during the latter part of 1937. In accordance with the Civil Service rules and regulations they were demoted from the rank of permanent men to their former positions as call men in February, 1938. They requested a hearing which was granted by the Mayor in accordance with General Laws, Chapter 31, and the reasons given for their demotion were upheld. They then requested a review of their cases before the District Court and the finding was made in favor of the City. A petition for certorari was entered in the Supreme Court and after due hearing, before a single member of said Court, the petitions were dismissed.


. Lewis Furlong. In the case of Lewis Furlong, Supervisor of Old Age Assist- ance who was removed from the said position, a writ of mandamus was brought in the Supreme Court by the plaintiff against the members of the Bureau of Old Age Assistance and the Board of Public Welfare. The case was referred to an Auditor for findings of fact and was heard by said Auditor at the Dis- trict Court of Newburyport. After the filing of the Auditor's Report a petition was entered in the Supreme Court to have the case sent back to the Auditor for further findings, but the petition was denied by the Court. The case was then heard before a single Justice of the Supreme Court upon the merits, and the writ of mandamus was dismissed by the single Justice. The case is now pending before the full bench of the Massachusetts Supreme Court.


Amanda Bushman. This was an action for damages due to a defect iin the sidewalk and was pending in the Superior Court. It was reached for trial at the September sitting of the Court in Newburyport. The case was settled before trial, with the approval of the General Government Committee in the sum of $275


Ellen Riley. This was an action for damages for injuries received from a fall on a defective sidewalk. The case was pending in the Superior Court and was reached for trial in the September sitting of the Court at Newburyport. With


130


ANNUAL REPORT


the approval of the General Government Committee it was settled in the sum of $875.


Frank H. Dow, Jr. This was an action for damages due to a fall upon a de- fective sidewalk. The case was pending in the Superior Court and was reached for trial at the September sitting of the Court in Newburyport. It was settled with the approval of the General Government Committee in the sum of $300.


Burnley Thurlow. This was a suit for services for the year 1937 as Harbor Master and was pending in the Superior Court. It was tried at Salem and the verdict was in favor of the City.


Edward W. Eaton. This case involved a claim for rent of tenement furnished to Mrs. Spaulding, a welfare case. It was tried before a single Justice with a jury in the Superior Court at Salem. A verdict was rendered against the city in the sum of $472.23.


Winthrop P. Davis. A writ of mandamus was pending in this case when I en- tered office. It was heard before a single Justice of the Supreme Court and a writ was issued ordering the City to pay back salary.


Eugene Twomey. This was a tax appeal case before the Tax Appeal Board at Boston. The case involved a petition for an abatement of taxes and a finding was made in favor of the City.


Many notices have been filed with the City on injuries due to defects in sidewalks. Many of these have been given leave to withdraw, and in which no suit has been brought as yet. Some of these cases have been settled with the ap- proval of the General Government Committee. Those settled are:


1. Harriet Meade, fell on Middle Street, at the corner of Fair Street, due to a defective curbstone. Settled in the sum of $43.


2. Preston L. Titus. Damages to automobile tires from defect in highway on Water Street. Settled in the sum of $13.25.


3. James J. Reddy. Fell on Prospect Street. Notice to the city claiming liability. No suit was brought. The case was settled by the insurance com- pany insuring the owners of the property adjacent to the sidewalk where the claimant fell.


4. Jennie Healey, fell on Franklin Street, defect in sidewalk. This case was settled in the sum of $60.


5. Max Bornstein, fell on Market Square, defective cover in sidewalk covering gasoline pipes. This case was settled by the insurance company covering the property adjacent to the sidewalv where the claimant fell.


131


CITY SOLICITOR


6. Mrs. Frederick Tigh, claim for injuries from fall due to defective side- walk on Green Street, tree roots covering two-thirds of the sidewalk. Claim settled in the sum of $85.


7. Marjorie Thurlow, claim for injuries due to a fall on defective side- walk on Fair Street, on defective curbstone. Claim settled in the sum of $200.


8. Clara Van Amburgh. Claim for injuries due to fall on defective road- way on Merrimac Street, near Butler Street. Claim was settled in the sum of $100.


9. Robert Donahue. Claim for injuries due to fall on defect in sidewalk on Buck Street. Claim was settled in the sum of $35.


Claims for damages due to defects in highways or sidewalks in which notice has been given but no suit has been brought :


1. Harold and Alice Neugle, High Street, claimed defect, slippery road.


2. Rufus Breau, High Street, claimed defect, slippery road.


3. Mary Mezereau, High Street, claimed defect, slippery road.


4. Dorothy Dow, Sidewalk-snow and ice.


5. Frank A. Currier, Sidewalk-snow and ice.


6. Lena Feldman, Sidewalk-snow and ice.


7. Sarah P. Mulliken, Sidewalk-raised cement block.


8. Mrs. Andrew Bowlen, Sidewalk-snow and ice.


9. Elizabeth Merrill, Sidewalk-snow and ice.


The following are claims for injuries due to defects in sidewalk or highway in which suit has been brought and which are pending.


1. Elizabeth Thurlow, claims hole in sidewalk.


2. Alice LaPlante, tree lying in roadway, blown down in hurricane Sep- tember, 1938.


3. Viola Sadowski, claims hole in sidewalk.


The following cases are pending in court and have not been reached for trial :


1. Rolfe vs. City of Newburyport, defect in roadway.


2. City of Boston vs. City of Newburyport, welfare case.


3. Charles H. Lord vs. City of Newburyport, washout case.


7. Calvin Wylie vs. City of Newburyport, for services rendered as super- visor on new High School.


5. Cashman Bros. vs. City of Newburyport, for coal delivered to Legion Home.


132


ANNUAL REPORT


TAX TITLE CASES


1. Neckopoulos. This property was sold for taxes for the year 1933. A peti- tion was filed in the Land Court to foreclo e the tax lien. No appearance or an- swer was filed by the defendant and the title to the property at No. 10 Federal Street is in the City of Newburyport. Notice of said foreclosure and title to the City of Newburyport has been recorded in the Essex South District Registry of Deeds.


.


2. Hannah property. A petition to foreclose the tax title held by the City of Newburyport on this property was filed in the Land Court. An appearance and answer of the defendant was filed, al o a claim for jury issues. Due to the failure to prove the claim for jury issues it was marked for hearing before the Land Court and upon the date of trial the attorney for the defendant failed to appear and they were defaulted. The tax title lien was foreclosed and the title is now in the City of Newburyport. Notice of said foreclosure and title in said City has been recorded in Essex South District Registry of Deeds.


3. Charles Cashman. Firestone Mill property. The City held a tax title upon the said property. A petition to foreclose was entered in the Land Court. An appearance and answer were filed by the attorneys for the defendant but before the case was reached for trial, after a conference between the attorneys for the defendant, Michael Cashman, the Mayor and City Solicitor, an agreement was reached relative to the disposition of said property. It was agreed that the tax title should be foreclosed and the title be given to the City of Newburyport. For consideration, a portion of the premises were deeded back to Michael Cashman.


INDUSTRIAL ACCIDENT CASES


There were several claims for compensation under the Workmen's Com- pensation Act for injuries received by City employees who were injured while in the performance of their duty. These cases have all been settled and are as follows :


1. John J. Murphy, injured while in the employ of the Park Department.


2. Patrick J. O'Neil, injured while in the employ of the Park Department.


3. Michael J. Murphy, injured while in the employ of the Park Depart- ment.


There have been many matters that have required conferences with variou . State officials at the State House concerning municipal affairs. I have rendered numerous opinions to various department heads, the City Council, and the Mayor throughout the year.


I have rendered several opinions to the School Committee and have had various conferences with the contractor relative to the repair of the boilers of the Jackman School and in drawing up the contracts for the same.


Respectfully submitted,


THOMAS S. MURRAY,


City Solicitor.


133


LICENSING BOARD


Report of Licensing Commission


May 1, 1939.


To the Honorable Mayor and City Council, City of Newburyport.


Gentlemen :


The Licensing Board of the City respectfully submits a report of its pro- ceedings, including the names of Licensees, locations, classes of licenses and receipts up to date. The sum of $14,150.00 has been turned over to the City 9reasurer for Liquor and Common Victuallers fees.


This board on Jan. 16, 1939, suspended the All Alcoholic Beverages License of John J. Creeden at 24 Market Square for three days, effective from Jan. 18, 1939 to Jan. 21, 1939 on charges preferred by a Mass. State Investigator, and after a hearing held on Jan. 16, 1939, and evidence submitted by the Investigator and the Licensee this action was taken. The All Alcoholic Innholder Seasonal License granted to Robert W. Weltshe doing business as The Wolfe Tavern is recorded in this list but has not been called for at this date.


Respectively yours, LEO A. BARBORO,


Chairman and Secretary.


1939 ALL ALCOHOLIC BEVERAGES


No. Retail Package Goods Store


1. Charles Canepa, John J. Canepa & Peter Canepa doing business as Estate of John Canepa, 47 Merrimac Street.


2. Daniel J. Lyons, doing business as Sullivan & Lyons, 37 Market Square.


3. J. Arthur Rochette & Albert E. Rochette, doing business as J. A. Ro- chette & Son, 4 Purchase Street.


4. John F. Leary, doing business as C. Leary & Company, 202 Merrimac Street.


Innholder


18. Nicholas Pahakis, doing business as The Newburyport Hotel, 42-43-44 Market Square.


30. Robert W. Weltshe, doing business as The Wolfe Tavern, 98 State St. cor. State & Harris) (Seasonal License).


13+


ANNUAL REPORT


Common Victualler - 7 days


5. Lawrence M. Twomey, doing business as The Park Lunch, 1 Kent Street.


6. Cornelius S. Leary, doing business as Leary's Lunch, 15 Middle Street.


7. John W. Dixon, doing business as Log Cabin, 5 Liberty Street.


9. Charles N. Antonopoulos, doing business as The Lodge Cafe, 39-41 Market Square.


24. John J. Creeden, doing business as K & C Spa, 24 Market Square.


25. John J. O'Bara, 98 Water Street (opp. Lime and Water Streets). Club


19. Benevolent & Protective Order of Elks, No. 909. John F. Cutter, Mgr., 41 Green Street.


Druggists


27. Hoyt Drug Company, Frank Hoyt, Mgr., 19 Pleasant Street.


1939 WINES AND MALT BEVERAGES


No. Clubs


11. Neptune Veteran's Firemen's Asso'n. Inc., William H. Fuchs, Mgr., 34 Hancock Street.


14. North End Boat Club, Charles A. Randall, Mgr., 282 Merrimac Street.


22. Saint Jean Baptiste Society, Majorique Belanger, Mgr., 38 State Street.


23. Polish American Citizens' Club, Stani_law Gadomski, Mgr., 3 Salem Street.


26. Loyal Order of Moose No. 1601, Michael J. Quill, Mgr., 3 Market Street. Retail Package Goods Stores


15. John F. Stickney and Elinor P. Stickney, doing business as Est. of E. P. Stickney, 66 Lime Street.


Common Victuallers


8. Zaharias Limnios, 18 Market Street.


10. Louis Fellman, 114 Merrimac Street and 2 Bridge Road, doing business as Essex Lunch.


12. George Barth, 117 Water Street.


13. Andrew Parasso, 90 Water Street.


16. Ideal Lunch & Restaurant Co. Inc., Jack Siganos, Mgr., 5 State Street.


17. John J. Groves, doing business as The Flying Yankee Diner, 22 Winter Street.


20. Michael M. Twomey, 1 Titcomb Street.


21. Joseph J. Bachmann, doing business as Dad's Red Arrow Diner, 7-11 Merrimac Street.


28. Paylag Chorebanian, doing business as Paul's Cafe, 131-133 Merrimac Street.


29. Frances I. Twomey, doing business as The Leonardo at Lot Nos. 91-92- 105-106, Plum Island. (Seasonal License).


135


PUBLIC LIBRARY


Report of the Public Library


REPOR TOF THE L6BRARIAN FOR THE YEAR 1938


Board of Directors


Term Expires


Mrs. Robert M. Driver


1938


Dr. T. Raymond Healy


1939


Arthur P. Brown


Dr. P. Loring Weed 1940


1941


T. Joseph Mannix 1942


Miss Retta V. Marr 1943


Walter L. Bartlett


1944


Trustees of the Building Fund and Permanent Members of the Board


William Balch Peter I. Lawton James E. Whitney


Ex officio


James F. Carens, Mayor


Edward G. Perkins, President of the Council


Secretary and Librarian Irving S. Cole


To the Board of Directors :


Herewith I submit the 83rd Annual Report of the state of the Library for the year ending December 31, 1938. All statistics mentioned are tabulated at the end of this report.


Again more persons took advantage of the services of the Library this year than last. Six hundred and ninety-four (694) new borrowers (452 of whom were adults) were registered during the year, and nine hundred and fifty-two (952) signified their intention of continuing to avail themselves of the Library's facilities by re-registering. This increased the number of active cardholders to 8,039 which is more than half of the city's population (14,815 in 1935). There are few institutions in the city that so many people patronize.


Despite the continued drop in book incomes more books were borrowed for home use this year than last. 126,027 volumes were lent in 1938 in com- parison with the 114,168 in 1937. This was a gain of 11,859 volumes or 10.4 per cent. Demand is rapidly exceeding our supply and use is wearing out what


136


ANNUAL REPORT


circulatory stock the Library does have. Replacement and duplication of juvenile books, as well as purchase of new books are important. Lack of suffi- cient funds for these books caused a decrease (2.6 per cent) in the circulation of the Children's Departments at the Main Library and the Emma L. Andrews branch-the only losses in the entire system. The adult non-fiction circulation rose from 26,512 volumes in 1937 to 30,444 in 1938, a gain of 3,932 or 14.8 per cent. Biography, travel, practical arts, literature, sociology, fine arts, history, and science, in that order were the most popular. Adult fiction also increased from 56,437 to 65,183, a gain of 8,746 or 15.5 per cent. Circulation per capita was 8.5 (7.56 in 1937) and circulation per registered borrower was 15.7 (14.2 in 1937). The circulation of the Emma L. Andrews branch increased in adult fiction and non-fiction, but dropped from 21,245 volumes to 20,696 in the net total. The Belleville branch in the North End of the city jumped from a circula- tion of 10,076 volumes in 1937 to 16,287 in 1938. The Main Library increased in circulation from 82,847 volumes in 1937 to 89,044 in 1938.


Certain functions of the Library cannot be readily measured statistically, yet by their very existence, continuous use, and results, they indubitably are of service. Conditions in Europe have revived interest in social subjects-economics, foreign affairs, and history. Several collections of books, amounting to hundreds of titles in these classifications, were placed on reserve shelves for the use of various organizations in the city as well as for high school pupils. The Reference Department aided in the preparation of debates, projects, selection of book re- ports, bibliographies and especially vocational material of which the Library has a good representative collection. Other services were State Reading Certificates awarded to eligible pupils, art classes, weekly story hours, distribution of read- ing lists, Boy Scout Merit Badge supervision, and exhibitions of work done by children in the grade schools. Several books were reviewed by the Librarian and members of the Staff before various organizations in the city. A new service was the inception of a "Local Social and Civic Calendar" in the Spring. It listed coming events and also prevented conflicts in dates. As its advantages be- came more widely known it has been utilized a great deal. A weekly library column was printed in the Daily News listing the latest books and magazine articles with brief descriptions. News Notes concerning literature, art, science, authors and their connection with the library's books and services were sent to the Daily News and printed.


The Staff of the Library answered over 6,000 questions of a practical and research nature by telephone, mail or in person; displayed 4,106 books in twenty-four occasional exhibitions and circulated 3,055 of them; obtained from the vault 199 old books and newspapers pertaining to Newburyport for fifty- four persons; cataloged 1,748 volumes, made and filed 7,826 catalog and ref- erence cards; borrowed thirty-six books from the Boston Public Library, State Library, M. I. T. Library, and Newton Free Library on the Inter-Library Loan for Newburyport residents; lent thirty-two of our books to the public libraries of Amesbury, Hampton (N. H.), Salisbury and Seabrook (N. H.); obtained 225 books in Armenian, French, Greek, Italian, Polish, Russian, and Yiddish for


137


PUBLIC LIBRARY


foreign language readers of the city; and circulated abiut 1,000 juvenile books on deposit in the grammar schools and approximately 2,000 volumes on deposit in the high school and the Home for Aged Men.


The year opened with an exhibition of photographic work done by mem- bers of the Governor Dummer Academy Camera Club. Candid camera pictures of Sonja Henie ice skating at the Boston Garden were included. This was fol- lowed by a display of Mexican prints, reproductions of Diego Rivera's famous murals. In April the Federal Art Project of the W.P.A. showed an exhibition in oil and water colors, of portraits, landscapes, and nautical subjects by Massa- chusetts artists. In June a travelling exhibition of forty photographs, taken by student members of the Phillips Exeter Academy Camera Club was displayed. In November, there was an exhibition of eighty mounted subjects : costume de- signs in water color, pen and ink drawings, and silhouettes by the Traphagen Art and Fashion School of New York City. A fine display of the work accom- plished in photography by members of the Y.M.C.A. Camera Club of New- buryport finished the year. All these exhibitions attracted much attention and appreciative comment.


The Library's income for the purchase of books, derived from the interest of private funds, has shrunk almost 50 per cent in the last five years. During the same time patronage of the Library increased as is shown by the steady rise in the number of registered borrowers, by the additional use of the Refer- ence department, and by the opening of a new branch in the North End. Con- sequetly the demand for new books, more copies and replacements also mounted. A policy of buying only the very best of the new fiction, as much good non- fiction as possible, the better remainder:, and inexpensive reprints had been adopted during the last two years. But even this was not adequate since it did not provide for sufficient copies at the branches or enough juvenile books.


Appeals to the public for money and books brought some results whics are a worthy beginning. Library conscious patrons of the Emma L. Andrews branch in the South End raised $46.49 by running card parties. Transportation of extra chairs, cheerfully lent by the Neptune Firemen's Association and the Spanish War Veteran's Association, was arranged by Miss Teresa Castle of the Library Staff and Cornelius F. Kelleher, janitor. Miss Wilhelmina L. Plumer and Miss Vivian White of the branch staff supervised the parties on their own time. To date 76 volumes have been bought from the year's proceeds. The Librarian ob- tained a donation of fifty dollars from the Civic League for children's books and a promise of an additional fifty from the Rotary Club for the same pur- pose. 300 books were received as gifts from many public spirited citizens. Their names are listed at the end of this report.


With the assistance of Mayor James F. Carens and the Tree and the High- way Departments, the much needed regular bi-weekly book service between the Main Library and the branches was initiated. Their co-operation has been much appreciated.


138


ANNUAL REPORT


Book Week, November 13-19, was celebrated with an exhibition of new books, prize books, books by local authors, and a contest. About 200 copies of the latest annotated book list "Recent Children's Books," compiled for the American Library Association, were given to parents and teachers as guides in selecting new juvenile books. Prize books included those chosen by the Junior Literary Guild, John Newbery, New York Herald-Tribune, Caldecott, etc. An autographed copy of "Vinny Applegay" by Ethel Parton and "Skinny" by James D. Adams, both published during the year, were among the books by local authors. Miss Parton autographed 300 books and albums for eager children and graciously presented the Library with an excellent enlarged photograph of herself and her half-brother taken about 1870.


Mr. Walter L. Bartlett was appointed a director of the Library, his term expiring in 1944. Bessie W. Pramberg was elected the regular attendant of the Reading Room. Six National Youth Administration high school girls were ob- tained to serve as auxiliaries at the Main Library and the branches.


In the latter part of November a W.P.A. cataloging Project began. A good start on card subject indices of Newburyport photographs, and local historical material was made. A beginning was also made on re-cataloging genealogical and other books. Still others will be allocated to different classifications. Later the remaining volumes uncataloged at the branches will be entered in the files of the Main Library. Finally it is hoped to have sufficient time to make a com- plete inventory of all volumes in the system.




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