USA > Massachusetts > Norfolk County > Quincy > Inaugural address of the mayor, with the annual report of the officers of the city of Quincy for the year 1893 > Part 12
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16
11
73
H. M. Federhen, Jr., D.,
229
268
289
365
97
136
1384
James H. Flint, R.,
329
205
272
190
284
171
1451
Timothy F. Ford, D.,
183
210
275
369'
79
146
1262
Charles L. Hammond, R., 368
211
311
289
302
162
1643
Anson F. G. Hunt, P.,
14
13
12
8
18
10
75
Geo. L. Wentworth, R.,
308
173
249
183
282
153
1348
Albert P. Worthen, D.,
212
230
262
366
91
149
1310
Blanks,
187
151
185
253
139
79
946
AMENDMENT TO CONSTITUTION.
Yes,
196
144
230
278
141
114
1103
No,
133
121
161
162
91
75
743
Blanks,
269
225
231
239
204
150
1318
3
4
5
6
-
276
VOTE OF FIFTH NORFOLK DISTRICT.
FOR REPRESENTATIVES IN GENERAL COURT. 0
Quincy.
Weymouth.
George A. Beedem,
73
85
Total. 158
Herbert M. Federhen, Jr.
1,384
855
2,289
James H. Flint,
1,451
1,187
2,638
Timothy F. Ford,
1,262
806
2,068
Charles L. Hammond,
1,643
959
2,602
Anson F. G. Hunt,
75
73
148
George L. Wentworth,
1,348
1,101
2,449
Albert P. Worthen,
1,310
1,066
2,376
Blanks,
946
780
1,726
ELECTED.
James H. Flint of Weymouth.
Charles L. Hammond of Quincy.
George L. Wentworth of Weymouth.
277
VOTE AT MUNICIPAL ELECTION, DECEMBER, 5, 1893,
FOR MAYOR.
WARDS
Total
1
2
3
4
5 132
206
1747
James Thompson, R.,
283
180
295
218
269
141
1386
Blanks,
8
8
13
15
11
7
62
COUNCILMEN-AT-LARGE.
*C F. Adams, 2d, D.,
318
270
336
419
124
179
1646
*Charles T. Baker, D.,
259
235
301
396
159
172
1522
*John O. Holden, R.,
326
211
302
217
282
147
1485
*Jonas Shackley, R.,
311
200
315
258
265
136
1485
*Israel Waterhouse, R., Marshall P. Wright, D.,
318
206
286
209
308
154
1481
252
242
306
398
95
165
1458
Albion I. Dixon, D.,
220
219
337
398
91
166
1431
Henry W. Read, R.,
300
196
282
214
270
159
1421
Horace O. Souther, R.,
289
213
295
202
262
142
1403
William H. Owen, D.,
211
208
279
389
95
184
1366
Blanks,
221
210
191
380
109
166
1277
SCHOOL COMMITTEE-AT-LARGE FOR
THREE
YEARS.
*George B. Rice, R.,
345
202
311
237
330
152
1577
Paul R. Blackmur, D., Blanks,
217
226
263
360
70
147
1283
43
54
72
99
29
55
352
LICENSE VOTE.
*No,
357
274
346
367
351
191
1886
Yes,
205
176
251
265
34
129
1060
Blanks,
43
32
49
64
27
34
249
WATER ACT.
No,
85
74
95
101
47
48
450
*Yes,
329
264
362
414
243
180
1792
Blanks,
191
144
189
181
122
126
953
6 Vote.
*William A. Hodges, D., 314
294
338
463
278
COUNCILMEN FROM WARDS.
WARDS
3
4
5
6
Vof ..
*E. W. Henry Bass, R., 360
*Luther S. Anderson, R., 358
*Walter T. Babcock, R., 343
Elisha Packard, D.,
275
Walter R. Fagan, D.,
201
.. .
Henry H. Faxon, 1
...
Blanks, 277
. . . .
*H. M. Federhen, Jr., D., . 254
*Chas. H. Johnson, R.,
210
*Wm. H. Sullivan, D., 206
Hiram W. Phillips, R., ...
204
Robert J. Williams, D.,
201
. . . .
James H Webb, R.,
154
Albert G. Coffin, I.,
90
..
Blanks,
127
.
...
*Edward J. Lennon, D.,
344
. .
*Alexander Clark, R.,
314
*John P. Bigelow, R., . . .
309
...
Charles H. Grindell, R.,
300
. .. .
Alexander C. Smith, D.,
296
. .
. . . .
Edward T. White, D.,
274
Blanks,
101
. . ..
*Thomas J. Lamb, D.,
346
...
*John M. O'Brien, D.,
332
...
*John H. Rooney, D., Thos. L. Williams, R.,
300
. . . .
Daniel Hanlan, P. P.,
144
Bernard Donaher, P. P.,
81
...
Pat'k F. Danahy, P. P.,
73
..
. . . .
John B. Early, ·
1
...
James Edwards,
1
. .. .
Blanks, . . ...
·
490
. . . .
. .
...
. .
. .
. . .
. . .
. . .
.
..
320
. . .
279
WARDS
1
4
5
6
Total Vole.
*Ephriam A. Snow, R.,
299
. . . .
*Edward L. Robbins, R.,
293
*Fred. E. Litchfield, R., Watson H. Brasee, D.,
282
. . . .
134
. . ..
George W. Brown, D.,
104
.. .
Frank J. Lavery, D., Blanks,
80
. .. .
44
. .. .
*H. N. Holbrook, D.,
178
*Stephen O. Moxon, R.,
. 177
...
*Edward J. Mckeon, D.,
166
. ...
Louis Rinn, R.,
164
John J. Cunniff, D.,
162
. .. .
Thos. H. Kingston, R.,
139
. .. .
Blanks,
76
....
SCHOOL COMMITTEE FROM WARDS.
*William D. Burns, D,
339
John C. Kapples, R.,
305
. . . .
J. H. Ash, Blanks,
1
· · · ·
51
...
*Thomas Gurney, R.,
195
.
Jas. H. Cunningham, D.,
130
. . . .
Blanks,
29
. .
.
...
. ...
..
...
. .. .
*Elected.
REPORT OF WOODWARD MANAGERS.
To Henry O. Fairbanks, Mayor.
The Board of Managers of the Woodward Fund herewith submit their annual report, together with the financial condition of the fund.
In September, 1892, the Board, realizing that the time was near at hand when the school as proposed under the provisions of of the will of Dr. Woodward should be established, requested the gentlemen who were to have charge of same, to present their views in regard to the general plan for a building. As a result of several conferences with the Directors, the Board engaged the services of James Murray, architect, to prepare the plan and specifications for a brick building.
These plans were submitted to several contractors, but the proposals when received were deemed in the opinion of the Board, as unsatisfactory, and the above plans were revised and again submitted to the contractors. The second estimates for the proposed building were too high in the opinion of the Board, and in view of the fact, that the Board of Directors had not settled on any definite course of instruction, and could not, until the views of the Principal had been ascertained, it was not con- sidered wise to expend a large amount of the fund in a building, believing that after the school had been established a few years, the requirements as to the arrangement of the rooms would be better known.
The Board had also duly considered the 6 per cent. clause in the will and had received the advice of eminent counsel in Boston that it was perfectly safe to go on with the construction
282
of a suitable building as in their opinion the city would retain the fund. The Board realizing that these opinions were not final, voted to request J. W. McAnarney, Esq., to take the necessary steps to secure an opinion of the Supreme Court upon several questions on which the Board of Directors desired information.
Pending the consideration of the questions by the Supreme Court, this Board decided that it would be for the best interest of all, to erect a moderate cost building which would be suitable for a school, until such time as growth and general needs would demand a permanent structure, and the Board engaged the services of E. G. Thayer, Esq., to prepare the plans, after he had first submitted several sketches to the Board.
These plans were submitted to the different builders of the city, and bids were received from several gentlemen, and after carefully considering all questions, especially the need of having the building erected in a few months, the Board decided to place the construction of the building in the charge of Stephen Moxon, Esq., and the building, was completed December 1, 1893, and was soon after placed in charge of the Directors. The cost of same will be found in our financial statement.
The questions submitted and the decision of the Court are also added, as matter of future reference.
Respectfully submitted,
H. O. FAIRBANKS, BRYANT N. ADAMS, JOHN O. HALL, CHRISTOPHER A. SPEAR, GEORGE L. GILL.
Board of Managers.
283
DECISION OF COURT.
The instructions asked by the City relative to the Woodward will and the decision of Judge Holmes of the Supreme Court are given in full below :
THE INSTRUCTIONS ASKED.
1. Whether it (the City) can safely invest any part or the whole of the property of said fund in the purchase or construc- tion of a suitable building for the use of said school.
2. Is this complainant obliged at all hazards and in any event to guarantee said fund shall be so invested as to bear interest at the rate provided in said will, and in case said fund is not "guaranteed" with said interest under said devises either of them, providing it exercises due care and diligence in the endeavor to invest the same so as to bear interest at that rate ?
3. If the proviso as to guaranty of interest is binding on this complainant, does it require it to guarantee interest on such part of said fund as may be reasonably invested in land, build- ings and appliances for the use of said school.
4. Has this complainant authority to raise money by the taxation of its inhabitants for the purpose of guaranteeing interest as provided in said will or for the support of said school ?
5. Is the provision in said will restricting the use of said school to the education of females born in Quincy a valid restriction, and will it prevent the attendance at the same of females of the proper age, residence in Quincy, but not born therein.
6. If the restriction referred to in the fifth prayer for instruction is valid, does it prevent the incidental use of said school by females of proper age, resident in Quincy, but not born therein, upon payment for tuition?
7. Under the provisions of said will are females of the proper age born in Quincy but not resident therein, entitled to attend said school.
8. Can girls of proper age who do not reside in Quincy be permitted to attend said school by paying for their tuitions?
9. For such other and further instructions in the premises as may to this honorable court seem meet.
284
THE COURT SAYS :
" This is a bill for instructions brought by the City of Quincy as trustee under the will of Ebenezer Woodward of property devised to it upon certain charitable trusts. The trus- tees of Dartmouth College, to whom the property is limited over in certain events, are made defendants, and, although no instruc- tions are asked on that point, they set up a claim to the property on the ground that the plaintiff has broken the conditions imposed by the will. Perhaps under the decisions in this state, instructions could be asked as to whether there had been a forfeiture. Fairbanks v. Belknap, 135 Mass. 179, 184. When trustees are allowed to maintain a bill for instructions upon a question in which they are interested they are allowed to have their interests represented, but by different counsel from those supporting the bill. Batchelder, petitioner, 147 Mass. 465, 471 . But if that rule would apply to a case like the present, still as the question arises here the counsel signing the bill were the proper persons to argue it. The allegation of a forfeiture must be regarded as a plea in bar, which, if made out, would show reason for our refusing to give the instructions asked. Whether the prayer in the answer that the plaintiff may be ordered to transfer the fund to the defendants could be sustained under St. 1887, c. 383, §3, it is unnecessary to consider, inasmuch as in our opinion the facts agreed do not amount to a forfeiture. "
The limitation over in the will is as follows: "If the town of Quincy refuses to accept the above property on the terms herein specified, or fail to comply with the words and intent of this will, as determined by good judges, or should surrender the property or use it for any other purpose than contemplated in this will, then I bequeath the said property to the Trustees of Dartmouth College, to be used by them in the manner they may think best for the promotion of science and literature." The gift reads "I give and bequeath to the town of Quincy in the Commonwealth of Massachusetts and County of Norfolk, in its corporate capacity, all my real estate in the town of Quincy, and all the pews I may own in the various meeting-houses or churches in and out of town, at my death, with the exception, etc .,
285
as a Fund for purposes to be hereafter mentioned, to be disposed of or kept as the town may think proper ; the sales, together with the rents and profits and income, from whatever source obtained, to be kept as a perpetual fund guaranteed by the town with six per cent. forever, for the purposes to be hereinafter mentioned, viz. And then follow eleven clauses of directions including an independent devise to a third person, before the clause of forfeiture first above stated.
The town of Quincy did not refuse to accept the property. It did accept it. It has not surrendered the property or used it for any other purpose than those contemplated in the will.
" The only breach of condition that can be urged with any plausibility as an existing ground of forfeiture is that the town has failed ' to comply with the words and intent of the will as determined by good judges.' The fact chiefly relied on as a failure to comply with the will is the alleged failure of the plaintiff to give such a guarantee as is required by the words last quoted. They are taken to require an express contract with some one not specified, guaranteeing 6 per cent. interest, as a con- dition precedent to the vesting of the gift, or, if the making of the contract is not such a condition, the capacity to make it, at least, is said to be so, on the principal of Bullard v. Shirley, 153 Mass. 559. The guarantee is said to be the consideration and inducement of the gift.
If we adopt a construction of the will approaching this, we should have to consider whether, since the town accepted the devise without reserve and thereby became bound to do what it lawfully could do to observe the requirements of the testator, it did not contract with the executors as required, (Cary Library, v. Bliss, 151 Mass. 364,) so far as it had power to do so, and whether the will could be taken to require any contract beyond what it was within the power of towns under the constitution and statutes to make. If the condition were construed to go beyond the powers of the town, the further question would arise whether it was not void. Drury v. Natick, 10 Allen, 169, 183. Giles v. Boston Fatherless and Widow' Society, 10 Allen, 355, 357. Jones v. Habersham, 107, U. S. 174, 183. MacDonough v. Murdoch, 15 Howard, 367, 411, 412. We are of opinion that the
286
guaranty plays a much less important part in the testator's scheme than the defendant's argument assumes.
In the first place the word 'guaranteed ' qualifies the word ' fund,' and the fund which is to be guaranteed is not the fund first mentioned in the words of the gift, consisting of real estate and pews, some of which, by clause ten, of the same article, cannot be sold or let for some years. But it is to be made up from sales, rents, profits and income. So long as the original real estate is kept there is no need of a guaranty of that, and none is required. The requirement, therefore, plainly is a condition subsequent, as the town could have no such fund until it had received and held the gift, for some time. Moreover, the provision does not express the object of the gift, as was the case in Bullard v. Shirley, but merely a means of securing the fund, so that it may be forthcoming for application to the object. It does not set forth the consideration, but merely an administra- tive detail.
Again what is to be guaranteed ? Grammatically and primarily, the fund, and in our opinion, by a true construction, nothing else. The words, ' with 6 per cent.' might be taken, no doubt, to bring in interest also, but it seems to us more reason- able to regard these words as directing that the returns expected from the guaranteed fund estimated at what at the date of the will was a conservative rate of interest, also were to be kept and applied as set forth. It is impossible that the testator should have expected the town to guarantee interest on the whole of the fund, for the institute was to be built and furnished, and no source of money for these purposes was provided except the fund in question.
The testator cannot have meant that the money used for the building and plant should be guaranteed to yield six per cent. interest. So again he recommends the clearing out of a creek and the building of wharves. He cannot have expected a constant return to be guaranteed from money used in this way. But furthermore we are not to construe the will as imposing a condition which is contrary to law unless the language plainly has that meaning. We are not to assume without necessity that the testator either was ignorant of petty obvious law or defined
287
it in shaping the conditions of a scheme which he was anxious to have carried out. Grammatically, we construe 'with six per cent.' as qualifying ' kept,' and substantially as qualifying the application ordered, which may be expressed by adding to 'kept ' the implied words 'and applied.' Limited as we have limited it, the word 'guaranteed' does not require any contract of the plaintiff, but is used in a popular sense to indicate that the fund is to be kept good and applied as directed.
It should be noticed that in clause 10, which is but a few lines before the limitation over, five things are mentioned, to each of which the testator expressly attaches forfeiture. Other wishes have been expressed with no such condition attached. This may not be conclusive as to the scope of the words "fail to comply with the words or intent of this will," but it goes far to show that forfeiture was not the sanction of every detail which the testator's careful forethonght suggested.
Finally, it is questionable at least whether the words "as determined by good judges " do not mean that there must be a failure to comply with the intention expressed in the will after the intention has been declared judicially, before the shifting clause comes into operation At least it is plain from the whole will that the great thing in the testator's mind, his dominant intent, was to establish the female institute, and the general intent gathered from all the words must prevail over any small detail which interferes with it unless clearly he makes exact compliance essential. Some conditions subsequent he has imposed in terms by clause 10 of article 5. But even if in a vague way the testator did have it in his mind that the town should guarantee interest at six per cent. on so much of the special fund as should not be appropriated towards the building and plant of the Institute, he has used no words so exact and definite as to create a forfeiture if it should fail to do what it has not power to do. See further Stanley v. Colt, 5 Wall. 119, 165, 166.
The will, after providing that the property "is to be perpetually managed by the Selectmen " of Quincy, provides further whenever the town becomes a city "then the government of said city to have the management of said property for the
288
benefit of said city," etc. The city has established a Board of Managers of the fund consisting of the Mayor and other city officials and one citizen not a member of the City Council. It is urged that this is a breach of condition. We perceive no condition and no breach. The fact that the city has borrowed from the fund and charged itself interest, although it may be open to animadversion, is not a forfeiture.
The opinion which we have expressed disposes of the second, third and fourth matters upon which instructions are asked, so that we are relieved from considering whether they are within the proper scope of a bill for instructions. With regard to the fifth, sixth, seventh and eighth matters it does not appear that any conflicting claims are made or are likely to be made in respect of them, and no statement is made in the bill which shows that the present disposition of the fund requires the instructions prayed. Putnam v. Collamore, 109 Mass. 509, 512. The language of the will is clear and the trustee asks whether of its own motion it is at liberty to disregard that language.
There remains only the first question,'whether the plaintiff " can safely invest any part or the whole of the property of said fund in the purchase or construction of a suitable building or buildings for the use of said school." This we have answered already by implication. The purpose of the gift to the plaintiff is stated to be that at latest within twenty-five years from the testator's death, the managers of the fund "shall establish and continue " a Female Institute, to be located on land given to the town by the testator. This means that the managers of the fund are to apply a reasonable portion of it to the purchase or con- struction of a suitable building or buildings, and cannot be restricted or cut down by the general provision before referred to for the keeping of the fund "with six per cent." Decree
accordingly.
J. E. Cotter, C. F. Jenney and J. W. McAnarney for Quincy ; Williams and Anderson for Dartmouth College.
ANNUAL REPORT 1
FOR 1893
QUINCY PUBLIC SCHOOLS
SCHOOL COMMITTEE FOR 1893.
At Large.
HARRISON A. KEITH
Term expires 1893
DR. JOHN A. GORDON
1894
DR. JOSEPH M. SHEAHAN . .
66 66 1895
By Wards.
Ward 1. CHARLES H. PORTER
Term expires 1894
Ward 2. JAMES F. HARLOW
.
1895
Ward 3. EMERY L. CRANE . ·
66 1895
Ward 4. FR. AMBROSE F. ROCHE
66
1893
Ward 5. WENDELL G. CORTHELL
66
66 1894
Ward 6. ELIJAH G. HALL
1893
Chairman of the School Board, EMERY L. CRANE.
Secretary of the Board and Superintendent of Schools,
H. W. LULL.
Office, No. 1 Faxon's Block, Hancock Street.
Hours : Monday, 8 to 9 P. M .; Tuesday and Thursday, 5 to 6 P. M .; Friday, 12 to 1 P. M.
The regular meetings of the School Board occur at eight o'clock on the last Tuesday in each month.
1
STANDING SUB-COMMITTEES
FOR THE DIFFERENT SCHOOLS.
HIGH
ADAMS
CODDINGTON
JOHN HANCOCK
Dr. Joseph M. Sheahan Charles H. Porter Dr. John A. Gordon Harrison A. Keith
LINCOLN,
Emery L. Crane Elijah G. Hall
QUINCY
WASHINGTON
. James F. Harlow
WILLARD
. Fr. Ambrose F. Roche
WOLLASTON
Wendell G. Corthell
Finance and Salaries, Messrs. Crane, Corthell, Porter.
Evening Schools,
Messrs. Gordon, Roche, Sheahan.
Books and Supplies,
Messrs. Keith, Corthell, Harlow.
Transportation,
Messrs. Sheahan, Hall, Gordon.
REPORT OF SCHOOL COMMITTEE.
1
To the Citizens of Quincy:
The School Board herewith submits its report for the year 1893.
We still retain in the office of superintendent Mr. H. W. Lull, whose zeal, discretion, and sense of justice have been signally displayed, since his assumption of the task, two years ago and who, by his educational skill has been able to keep the schools of Quincy upon the high plane which they have occupied during the last twenty years.
It will be pleasing to our citizens to know that the excel- lence of our schools has been recognized in a prominent manner on two occasions during the past year. The report of Dr. J. M. Rice has classed our schools with those of Springfield and Brookline and puts them in advance of many other cities and towns whose pecuniary resources are in every way superior to ours. Moreover at the World's Fair held in Chicago, a medal with its accompanying diploma was awarded to the Quincy schools for excellence in work and specimens of that work have been asked for by the authorities of the city of Philadelphia with a view to the formation of a permanent educational exhibit.
The question of adjustment of salaries is ever a difficult and delicate one. Nevertheless in connection with the subject, we have found occasion to make two marked innovations. We have elevated the maximum salary of teachers occupying posi- tions below that of principal in the grammar and primary grades from $500 to $550 per annum. This latter figure has been attained by a certain number of teachers in virtue of long and faithful service coupled with real professional merit. A further
294
advance to $600 might not unreasonably be considered in the future. We have thought it well to fix at $1,400 the maximum salary of grammar school principals ; but this figure is to be secured only during the fifth year of service by means of an annual increment of $100, the initial salary still remaining at $1,000. By this means we hope to secure the continuance in work of valuable teachers as well as increased advantage which pupils derive from prolonged personal contact with a good master.
Without rehearsing here the story of the confined and altogether unsuitable quarters which hitherto have been provided for our High school children, we wish to express our sense of gratitude for the generous appropriation which our City Council has voted for the purpose of erecting a new building. This new High school, to be built by Mellen & Son of Worcester, under the architectural superintendence of Mr. Edmund G. Thayer, will be a thoroughly modern structure in every way adapted to the wants of the present day and with the enthusiastic corps of teachers who are serving us in that institution we can confidently promise to establish a school which will be in every way worthy of the City of Quincy and of its educational system.
For a detailed account of receipts and expenditures, as well as for a full and interesting report of the educational work of the year, we refer our citizens to the superintendent's report from which they will not fail to derive much gratification and profit.
Respectfully submitted,
ELIJAH G. HALL,
HARRISON A. KEITH, '93
AMBROSE F. ROCHE,
WENDELL G. CORTHELL,
JOHN A. GORDON, '94
CHARLES H. PORTER,
EMERY L. CRANE,
JAMES F. HARLOW. '95
JOSEPH M. SHEAHAN,
School Committee.
1
REPORT OF THE SUPERINTENDENT.
To the School Committee of Quincy :
In accordance with the rules of the School Board the annual report of the Superintendent is now submitted for your consideration. It is the nineteenth report presented by a Superintendent and the forty-fourth of the series of school reports printed by the town or city of Quincy. In this review of the year 1893 a simple statement of those school matters that are of general interest will be found.
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