USA > Massachusetts > Middlesex County > Melrose > City of Melrose annual report 1893-1895 > Part 2
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SUITS TO WHICH THE TOWN IS A PARTY.
Shortly after assuming office, your selectmen notified F. S. Hesseltine, Esq., who had been retained as counsel for the town by the previous board, to furnish us with the names of all parties with whom the town were in litigation, and we received the following list :
Town of Melrose vs. Ira Hiland, to recover for money expended on account of widening of Ell Pond brook.
20
REPORT OF SELECTMEN.
Town of Melrose vs. S. E. Benson, injunction to cause removal of building over Ell Pond brook.
A. V. Lynde vs. Town of Melrose, for trespass by water commissioners.
A. V. Lynde vs. Town of Melrose, for taking of land by joint water board.
Dexter Bryant vs. Town of Melrose, for alteration of high- way at Walton park.
Dexter Bryant vs. Town of Melrose, for change of grade on Summer street.
Dexter Bryant vs. Town of Melrose, for change of grade on Cedar park.
Aaron Hill vs. Town of Melrose, on account of widening Main street.
Justus Geist vs. Town of Melrose, on account of widening Main street.
Bugbee & Barrett vs. Town of Melrose, on account of widening Main street.
S. S. Bugbee vs. Town of Melrose, on account of widen- ing Main street.
O. M. Maxwell vs. Town of Melrose, on account of widen- ing Main street.
Mrs. Amory vs. Town of Melrose, on account of widening Main street.
Geo. F. Boardman vs. Town of Melrose, on account of widening Main street.
Mrs. Spear vs. Town of Melrose, on account of widening Main street.
Mr. Harmon vs. Town of Melrose, on account of widen- ing Main street.
Mrs. Curtis vs. Town of Melrose, on account of widening Main street.
J. C. Maker vs. Town of Melrose, on account of widening Main street.
21
REPORT OF SELECTMEN.
Thos. McCoubry vs. Town of Melrose, on account of widening Main street.
J. Edwards vs. Town of Melrose, on account of widening Main street.
Geo. W. Farnsworth vs. Town of Melrose, on account of widening Main street.
Harriet E. Hill vs. Town of Melrose, on account of widen- ing Main street.
Jas. McIntyre vs. Town of Melrose, on account of widen- ing Main street.
Jas. McIntyre vs. Town of Melrose, on account of widen- ing Main street.
Cora M. Jack vs. Town of Melrose, on account of widen- ing Main street.
Emily M. Morse vs. Town of Melrose, action for tort, for damages for accident on Tremont street, 1892.
Twenty-four cases in all.
A majority of these are on account of the widening of Main street, and it appeared to the selectmen that an ar- rangement might be made between the parties at suit and the town, whereby they could be settled out of court, thus saving to both parties the expense of a trial, and in such a manner that would be conducive of good feeling; and so it was voted that a motion be prepared and submitted to the town for action, which was done, and the following motion was presented at a town meeting :
" That the selectmen be authorized to settle all claims for damages on account of the widening of Main street, as in their judgment shall be for the best interests of the town."
This motion was voted down, and a vote was passed instructing the selectmen to ascertain what the suits could be settled for, and report at the November meeting. We could get no satisfactory amounts, as in nearly every case they stated the amount sued for, and so it was necessary to allow the suits to go on.
22
REPORT OF SELECTMEN.
The only cases that came to trial during the year are the following :
Town of Melrose vs. Cutter & Benson ;
Town of Melrose vs. Ira Hiland ;
both of which were decided in favor of the town.
INHABITANTS OF MELROSE VS. CUTTER ET AL.
Francis S. & Norman F. Hesseltine, Wiggin & Fernald,
for plaintiff. for defendants.
Morton J.
The plaintiff concedes, what we think is a fact, that only an easement was granted in the location. We also think that the town is bound to maintain the drain and keep it in repair, and that it is a proper party to bring this bill.
Clark vs. Worcester, 125 Mass. 226.
Needham vs. N. Y. & C. R. R., 152 Mass. 61.
The drain is for the benefit of Melrose and Malden, and within their respective limits, and belongs to them. They naturally would be expected to maintain it and keep it in repair. Unless they are to do so there is no provision for its maintenance and repair. The county commissioners have nothing further to do with it after locating, con- structing, and paying for it, and it is therefore reason- able to say that the drain should be kept in repair and maintained by Melrose and Malden.
The court found that if the brook were generally covered it would be very difficult to clean it out, and cause extra expense and damage to the town. If therefore, the drain belongs to the town, and the town has the right to maintain it as an open drain, the proposed action of the defendants will directly interfere with the rights of the town, as a town, and renders it the proper party to bring this bill.
Needham vs. N. Y. & C. R. R., Supra.
The principal contention of the plaintiff rests upon the ground that there was a two-foot passageway, or place for de- posit on each side of the drain which would be obstructed;
23
REPORT OF SELECTMEN.
but although it is said in the lay-out that the stakes were driven eight (8) feet from the centre line; it is also said that the drain is laid out twelve (12) feet wide, and that the lo- cation is six (6) feet from the centre line. It is found, it is true, that the drain was widened by the defendant, without so far as it appears any right to do so, or any authority from the town, to the full width of twelve (12) feet, which im- plies that it was constructed, originally, of less width than the location, but that does not show the existence of a pass- age-way under and as part of the location. There is, how- ever, another ground on which we think the plaintiff is entitled to the relief which it asks. If the defendants have a right to build and maintain their shops over the drain in the manner in which they have done, or propose to do, other abbutters in the drain would have a like right. If an abbutter can cover the drain with a building he can cover it with others. The result would be that the easement granted by the legislature would be limited to the right to build and maintain a covered drain. We find nothing in the act indi- cating any intention on the part of the legislature to limit in such a matter the enjoyment of the easement granted. It is a general rule that in taking land for the public purposes, all uses of the land necessary or incident to the enjoyment of the public right are included.
Brainard vs. Clapp, 10 Cush., 6.
These uses thus included are not to be extended beyond those reasonably necessary and incident to the purposes for which the land is taken, and are to be confined to them.
Clark vs. Worcester, Supra.
If a fee is not taken the landowner may make any use of his premises which will not interfere with the enjoyment of the public right in the manner above described. Usually, however, damages are assessed on the theory that the pub- lic use will be exclusive. There is nothing to show that such was not the fact in this case.
Further, the act in question was a measure in the interest of the public health; in the absence of anything in it limit- ing its scope to the maintenance of a covered drain there is abundant reason for construing it so as to give the usual
24
REPORT OF SELECTMEN.
authorities the right to maintain the drain as an open or covered one, as they may deem best. If the drain had been constructed and maintained as a covered drain, as was the case in Clark vs. Worcester, Supra, then it is possible that the defendant could rightfully build over the location, but that however is not the case. We think that the conduct of the defendants constitutes an invasion of the rights of the plaintiff, and that it is entitled to the injunction which it seeks. It is not necessary that it should appear that the plaintiff has sustained actual damages in order to entitle it to an injunction.
Stowell vs. Lincoln, II Gray, 434.
Hardross vs. Hint, 4 Exchecquer Cases, 43.
Decree dismissing bill reversed, and decree to be entered for the plaintiff.
INHABITANTS OF MELROSE VS. IRA HILAND.
F. S. Hesseltine for the town.
This suit was for work done on the premises of Mr. Hiland, in deepening and widening Ell pond brook. The court ruled against the defendant on legal grounds of his defence, and the jury found, on question of fact submitted to them, that the acts of the selectmen were approved by the town, and that there was no work in excess of what was necessary to secure proper drainage. Verdict for the town for $549.82, being the full amount, with interest added.
CLAIMS FOR DAMAGES SETTLED.
Mary Clay, for injuries received by falling upon the ice on Foster street, was settled for $50.00. Suit had already been commenced.
PUBLIC HEARINGS.
On petition of the Boston & Maine R. R. Co., to locate station at Melrose Highlands, a hearing was held Jan. 31st, 1893, and their petition was refused.
25
REPORT OF SELECTMEN.
On petition of Friend Bros., to erect a stable for more than four horses, on Grove street, a hearing was held April 8th, 1893 ; permission granted.
On petition of W. E. Keating, to erect a stable for more than four horses, on Pleasant street, a hearing was held April 15th, 1893 ; permission granted.
On petition of the Lynn & Boston R. R. Co., for location of their tracks on Main street, from Fraklin street to the Wakefield line, a hearing was held August 28th, 1893, and permission granted.
On petition of A. C. Sibley, to locate a steam-boiler and engine on land near Wyoming ave., a hearing was ordered for Dec. 23d, 1893, and permission granted.
On petition of Walter C. Martin, to erect a steam-engine and boiler, a hearing was ordered for Dec. 30th, 1893, and permission granted.
We have discharged the duties of our office impartially and honestly, and as we believe for the best interests of the town. Our population has increased, new streets have been built, and new territory has been opened, upon which many houses have been erected, and it is noticeable that the class of dwellings has been of a higher grade than formerly, and notwithstanding the universal depression in business and financial circles, we are glad to note the general prosperity of the town during the year that is past.
DANIEL NORTON,
E. H. MOORE,
W. A. WATERHOUSE, C. W. COOK, SIDNEY H. BUTTRICK,
Selectmen of Melrose.
RECORDS OF TOWN MEETINGS IN 1893.
WARRANT FOR MEETING FEBRUARY 3rd, 1893.
To either of the Constables of the Town of Melrose, in the County of Middlesex : GREETING.
In the name of the Commonwealth of Massachusetts, you are hereby required to notify the inhabitants of the town of Melrose, qualified to vote in elections and town affairs, to meet at the Town Hall, on Friday, the third day of Feb- ruary, A. D., 1893, at 7.30 o'clock, p. m., then and there to act on the following articles, viz :
Article I. To choose a Moderator.
Art. 2. To see if the town will vote to change the num- ber and terms of any town officers chosen by ballot, which were limited or fixed by votes passed February 16. 1891, on petition of twenty-five legal voters.
Art. 3. To see if the town will accept the provisions of Chapter 27, Sections 64, 65, 66, 67 and 68 of the Public Statutes.
Art. 4. To see if the town will accept the provisions of law which relate to precinct voting in towns, on petition of nineteen legal voters.
Art. 5. To hear and act upon the reports of committees, and for the transaction of any other business which may legally come before this meeting.
And you are directed to serve this warrant by posting attested copies thereof at the Town Hall, each of the post
27
RECORDS OF TOWN MEETINGS.
offices and depots in the town, not less than seven days before the day appointed for said meeting, and by leaving printed copies of the warrant at the dwellings of the legal voters before the day of the meeting. Hereof fail not, and make due return of this warrant, with your doings thereon to the Town Clerk at the time and place of said meeting.
Given under our hands this twenty-sixth day of January, in the year one thousand eight hundred and ninety-three. LEVI S. GOULD, Selectmen JOHN P. DEERING, of
CHAS. W. HIGGINS, Melrose.
Warrant served by
ANSEL B. PIERCE, Constable.
Meeting February 3, 1893.
Art. I. Chose Levi S. Gould, Moderator.
Art. 2. Voted, That the number of selectmen be hereafter "five" to be elected annually.
Art. 3. Voted To indefinitely postpone. (Aff. 79, neg. 43).
Art. 4. Voted To accept the provisions of law relating to precinct voting in towns, as set forth in Section 72, Chapter 423, Acts of 1890. (Aff. 115, neg. 31).
Voted, That it is the sense of this meeting that the town be divided into three voting precincts.
Art. 5. Report of committee appointed to investigate the poor department read and accepted.
Voted, That a committee of five be appointed to consider the whole subject matter of the report, and report at the
28
RECORDS OF TOWN MEETINGS.
annual meeting. Committee: Frank E. Orcutt, E.P. Holmes, John E. Marshall, F. S. Hesseltine, Walter Babb.
Voted, That the treasurer be authorized to pay damages as awarded by the county commissioners for the widening of Perkins street, and to borrow the same if necessary.
Voted, To adjourn.
WARRANT FOR MEETING, MARCH 6, 1893.
To either of the Constables of the Town of Melrose, in the County of Middlesex : GREETING.
In the name of the Commonwealth of Massachusetts, you are hereby required to notify the inhabitants of the town of Melrose, qualified to vote in elections and town affairs, to meet at the Town Hall, on Monday, the sixth day of March, A. D., 1893, at 7 o'clock, a, m., then and there to act on the following articles, viz .:
Article I. To choose a Moderator.
Art. 2. To bring in their votes for town officers, and in answer to the question "Shall licenses be granted for the sale of intoxicating liquors in this town ?" All ballots are to be furnished by the town, and will be distributed at the polls by officers duly appointed in accordance with pro- visions of laws accepted by the town. Polls to be kept open until 5.30 p. m.
Art. 3. To choose any other town officers deemed neces- sary, or required by law.
Art. 4. To authorize the town treasurer to borrow money
29
RECORDS OF TOWN MEETINGS.
for the purpose of meeting the demands of the town, with the approval of the selectmen.
Art. 5. To hear and act upon the report of the finance committee, appointed at meeting Dec. 6, 1892.
Art. 6. To determine the amount of money to be raised and appropriated to defray town charges for the ensuing year and for payment of the town debt.
Art. 7. To fix the compensation of all officers and com- mittees elected or appointed by the town.
Art. 8. To raise money for the use of water in hydrants, public buildings, etc., and for any other necessary expenses for the ensuing year.
Art. 9. To determine the method by which the taxes for the year shall be collected.
Art. 10. To see if the town will authorize the treasurer to issue water fund bonds for the purpose of paying the cost of constructing and extending the water works.
Art. II. To see if the town will raise the sum of $200 for keeping in repair and decorating the graves of soldiers on Memorial day.
Art. 12. To see what action the town will take on the order of the county commissioners for the widening, straightening and re-location of the lines of Main street, from Mount Vernon street northerly to its junction with Green street, and raise or appropriate money for the same.
Art. 13. To see if the town will build a house for hose Co. No. 2, on lot of land purchased for that purpose, corner Main and Lynde streets and raise or appropriate money for the same.
Art. 14. To see if the town will build a sidewalk on Lebanon street from Sylvan street to the Malden line, and make other improvements on said street and raise money for the same.
30
RECORDS OF TOWN MEETINGS.
Art. 15. To see if the town will raise or appropriate the sum of fifteen hundred dollars for the purpose of improving and beautifying Melrose common.
Art. 16. To see if the town will place a fire alarm box on the corner of First and Sewall streets and appropriate money therefor.
Art. 17. To see what action the town will take in the matter of completing the widening and deepening of Ell pond brook, building of culverts, etc., and raise or appro- priate money for the same.
Art. 18. To hear and act upon the report of the com- mittee on additional water supply, to raise or appropriate money necessary to carry out the recommendations of the committee in procuring said supply, to meet expenses and to purchase land required.
Art. 19. To see what action the town will take in the matter of purchasing land for an additional water supply, whether they will take or purchase, and authorize if neces- sary an application to the legislature for the right so to do.
Art. 20. To see if the town will change the name of street now known as an old county road, leading off Upham street to Altamont avenue.
Art. 21. To see if the town will raise or appropriate the sum of $92.51, being the amount expended by the com- mittee on school house at the Highlands in excess of appropriation.
Art. 22. To see if the town will place a fire alarm box at the corner of Youle and Vinton streets and raise or appro- priate money for the same.
Art. 23. To see if the town will change the name of street now known as West Hill avenue, running from Franklin street northerly to Botolph street, to be hereafter known as Botolph street.
Art. 24. To see if the town will accept the following
31
RECORDS OF TOWN MEETINGS.
streets as laid out by the Selectmen, and raise money for the building and grading of the same if necessary :
I. Street leading from Franklin street to Albion street, and street leading from said street to Ashland street.
2. Street running northerly from Botolph street.
Art. 25. To see if the town will purchase an alarm bell for the easterly section of the town and raise or appropriate money for the same.
Art. 26. To see if the town will vote to pay the members of Hose Co. No. 4 the same salaries as paid other hose com- panies in the town.
Art. 27. To see if the town will complete and widen Cleaveland street according to the original plan and appro- priate money for the same.
Art. 28. To see if the town will reconsider the votes whereby it fixed the number and terms of office of the over- seers of the poor and board of health, and consolidate said boards with the board of selectmen as soon as may be pos- sible.
Art. 29. To hear and act upon the reports of committees and for the transaction of any other business which may legally come before this meeting.
And you are directed to serve this warrant by posting attested copies thereof at the Town Hall, each of the post offices and depots in the town, not less than seven days before the day appointed for said meeting, and by leaving printed copies of the warrant at the dwellings of the legal voters before the day of meeting. Hereof fail not, and make due return of this warrant, with your doings thereon, to the town clerk, at the time and place of said meeting.
Given under our hands this twenty-first day of February in the year one thousand eight hundred and ninety-three.
LEVI S. GOULD, - Selectmen JOHN P. DEERING, of
C. W. HIGGINS, Melrose.
Warrant served by
A. B. PIERCE, Constable.
32
RECORDS OF TOWN MEETINGS.
Annual Meeting, March 6, 1893, 7 a. m.
Article I. Chose Levi S. Gould, Moderator.
Art. 2. Ballot clerks appointed by the selectmen: Albon W. Parker, John E. Brittain, Curtis S. Gordon, Samuel Lear.
Tellers appointed by the Moderator:
Charles W. Cochrane, Victor C. Kirmes,
Henry Osborne, E. C. Bridgham,
S. W. Harvey, Edward E. Babb,
A. D. Blanchard.
Voted, unanimously, That the transaction of town business be postponed until Thursday evening, March 23, 1893, at 7.30, and that when this meeting adjourns it shall be to that time, (on a motion to reconsider not a vote.)
Voted, That the report of the finance committee be printed and distributed in the same manner as the town warrants are distributed.
Polls opened 7 a. m. Closed 5.30 p.m.
Result of the balloting, as declared:
Total number of votes cast, II2I
Ballot-box registered, II2I
Selectmen.
VOTES.
Sidney H. Buttrick, 87 Essex street,
642
Charles W. Cook, 59 Walton park,
862
Louis E. Lovejoy, 93 Third street,
49I
John J. Mccullough, 435 Main street, Eugene H. Moore, 220 Porter street, 761 .
. 303
Daniel Norton, II Chestnut street, .
.
933
William A. Waterhouse, 114 Youle street,
837
Other persons-scattering, .
37
Blanks,
739
.
.
5605
RECORDS OF TOWN MEETINGS.
Town Clerk. 33
John Larrabee, 34 Foster street,
1002
Scattering,
4
Blanks,
II5
II2I
Town Treasurer.
George Newhall, 96 Myrtle street,
995
Scattering
5
Blanks,
I2I
II2I
Collector of Taxes.
Addison Lane, 143 Myrtle street,
966
Scattering, .
I
Blanks,
154
II2I
Assessor, for 3 years.
George P. Burnham, 94 Cottage street, 382
George C. Stantial, 23 Poplar street, 581
Blanks, 158
II2I
Water Commissioner, for 3 years.
Henry Brown, 54 Poplar street, 448
George L. Morse, cor. Myrtle and Herbert streets, 602 Blanks, 71
II2I
3
1
34
RECORDS OF TOWN MEETINGS.
Water Loan Sinking Fund Commissioner, for 3 years.
Daniel Russell, 5 Trenton street, ยท 899 Scattering, I
Blanks,
221
II2I
School Committee, for 3 years.
Bessie B. Dearborn, 315 Main street, .
852
John O. Norris, 20 W. Emerson street, 876
For 2 years.
Ella F. McDonald, 33 Brunswick park, 829
Scattering, .
IO
Blanks,
796
3363
Trustees of Public Library, for 3 years.
Charles C. Barry, 58 Hillside avenue, 826
Elbridge H. Goss, 25 Cedar park, 819
For 2 years.
Ruby F. Farwell, 58 W. Emerson street, . 809
Charles A. Patch, 30 Oakland street, 810
For I year.
Mary L. Charles, 58 Hillside avenue, 804
George E. Munroe, 34 South ]High street, 808
Scattering, 4
Blanks, 1846
6726
35
RECORDS OF TOWN MEETINGS.
Auditor.
Edwin C. Gould, 334 Main street,
852
Scattering,
6
Blanks,
263
Overseer of Poor, for 3 years.
II2I
Joshua T. Nowell, Ferdinand street,
852
Scattering,
I
Blanks,
268
II2I
Board of Health, for 3 years.
Frank L. Washburn, 49 Wyoming avenue,
For 2 years. 683
Corydon W. Harlow, M. D., 114 Franklin street, 47I
John E. Sanborn, M. D., cor. Upham and Lebanon
streets, 512
Scattering,
I
Blanks,
575
2242
Park Commissioners, for 3 years.
Charles H. Adams, 59 Orient avenue,
641
Arthur B. Cochrane, 20 Bellevue avenue, . 410
For 2 years.
Maurice G. Cochrane, 63 Howard street,
695
Scattering,
3
Blanks,
493
2242
36
RECORDS OF TOWN MEETINGS.
Constables.
Osborne E. Drown, 43 E. Foster street, 856
C. F. W. Fogg, 102 Melrose street, 833
Frank M. Mclaughlin, 41 Upham street, 780
Ansel B. Pierce, 10 E. Emerson street,
888
Scattering,
7
Blanks,
II20
4484
License Question.
" Yes," 233
" No,"
742
Blanks,
146
II2I
Voted to adjourn.
Adjourned Meeting, March 23, 1893, 7.30 p. m.
Met according to adjournment.
Art. 3. Officers elected.
Measurers of wood and bark, weighers of hay and coal, Charles B. Goss, Seth E. Benson, Fred H. Goss; committee on cemeteries, George Newhall, Daniel Russell, John Larra- bee ; fence viewers, Dexter Pratt, Walter C. Stevens ; field drivers, Otis Howard, Frank Gibbons ; pound keeper, Joseph Edwards ; inspector of milk and sealer of weights and measures, Frank M. McLaughlin.
37
RECORDS OF TOWN MEETINGS.
Art. 4.
Voted, unanimously, That the treasurer be authorized with the approval of the selectmen to hire money, to renew, replace or pay any existing loan or loans; also to hire money in anticipation of the taxes for the current year to meet expenses, and issue notes of the town therefor.
Art. 5. Report of committee accepted.
Voted, To take up the various items of the report and act upon them seriatim.
Art. 6.
Voted, To raise and appropriate the following sums for the purposes named, together with the balances now credited to the several accounts, viz .:-
Contingent expenses,
$2,000
Fire department.
8,600
Said appropriation to be divided as follows :-
Pay roll,
$2,500
Contingent expenses,
550
New hose,
500
Rent Hose No. 2, . 200
Maintenance fire alarm,
150
Horse hire,
300
For purchase of three horses,
650
Alteration in stable,
300
For care of horses, etc.,
1,624
Hay, grain, shoeing, etc.,
300
Sundries for stable, 26
For the purchase of a new hook and ladder truck . with ladders, . 1,500
Total,
$8,600
38
RECORDS OF TOWN MEETINGS.
Voted, That the purchase of horses, hook and ladder truck and the various items mentioned above be left with the selectmen and the engineers of the fire department.
Voted, That this article be laid upon the table, and that Articles 18 and 19 be taken up (aff. 112, neg. 20).
Articles 18 and 19.
Report of committee on additional water supply read by chairman of water commissioners, and accepted.
Voted, That the water commissioners for the town of Melrose, in behalf of the town, make application imme- diately to the present legislature for the passage of an act authorizing the town for the purpose of an additional water supply, to take from time to time, by purchase or otherwise, and hold such lands as may be necessary for erecting and maintaining dams and reservoirs, and for laying and main- taining conduits, pipes, drains, and for such other works as may be necessary for the purity and preservation of the waters which it is proposed to take as an additional source of supply, and to take and hold the waters of Ell pond, otherwise known as Crystal pond, situated in the town of Melrose, and the waters which flow into and from the same, and to secure the public rights in said Ell pond, otherwise known as Crystal pond, and to secure the passage of the bill authorizing the town to do all that may be deemed necessary by said water commissioners to secure all the water and water rights of the said Ell pond, otherwise known as Crystal pond, and the streams flowing into the same, and all land about the same necessary to maintain and protect and use the said waters as an additional water supply for this town, and authority to issue bonds, notes or scrip to an amount not exceeding $75,000, in addition to the
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