USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1911-1914 > Part 45
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In passing, the members of the committee would like to offer a word to the memory of one of their number who went away and out of their lives during the service of the board. Reference is made to the death of Thomas A. Houllahan. It was an honor and a pleasure to be associated with him. His was a high type of character. He was a manly man and an able one. His chair remained vacant during the life of the committee.
JAMES W. CONGER, Chairman,
FRANK G. ALLEN, JOHN GILLOOLY, ALFRED N. AMBROSE, Secretary.
New Twelve-Room Schoolhouse.
Appropriation,
$57,000.00
Additional for Insurance,
210.00
$57,210.00
F. M. Douglass,
$41,475.00
Isaac Coffin Co.,
7,542.00
Fred E. Colburn,
2,418.63
C. H. Seaman,
488.10
Parker Bros.,
700.00
Berry & Davidson,
3,542.00
M. W. Allen Construction Co.,
75.00
Town of Norwood Sewer Dept.,
77.62
Spear & Smith,
47.50
Nugent Bros.,
187.20
Fred A. Hartshorn,
181.35
M. J. Drummy & Son,
112.10
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The Beaver Coal & Grain Co., Ambrose Bros., George A. Smith,
$32.25
6.00
7.00
$56,891.75
F. A. Morrill,
$140.00
H. W. Gay,
70.00
210.00
$57,101.75
Balance,
$57,101.75 $108.25
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REPORT OF THE BOARD OF HEALTH.
To the Citizens of the Town of Norwood:
The Board of Health hereby submits its Annual Report for the year ending January 31, 1914. .
Exclusive of still births there have been ninety deaths in the town during the year. This gives a rate of about 10 to the thousand, which is well within the honor line of 12 to the thousand which the State Reports seem to establish.
Contagious diseases were not particularly prevalent during the year, 109 only being reported.
The reports for the past ten years are :-
Diphtheria
Scarlet Fever
Measles
Typhoid Fever
Tuber- culosis
Cerebro Spinal Menin- gitis
TOTAL
1904
47
9
67
9
2
136
1905
16
57
10
2
10
95
1906
3
36
179
5
5
1
229
1907
8
22
7
2
5
1
47
1908
12
18
10
6
9
0
55
1909
23
4
47
20
15
0
109
1910
15
4
53
2
13
1
88
1911
40
5
271
6
9
3
383
1912
12
8
26
1
17
0
72
1913
4
13
43
2
9
0
109
Average 18 .
17.6
71
5.5
9.4
132
Dr. J. J. Mulvehill was appointed Inspector of Slaughtering and Dr. C. H. Hallowell, Health Officer.
Joseph Seigmund received the contract for removal of garbage and gave bonds for the satisfactory fulfilment of his contract.
156
The Canton epidemic of Septic Sore Throat caused the State Board of Health to request that tonsilitis be reported for the period of one month from May 13. The physicians of Norwood complied with the suggestion and some twenty cases of ordinary tonsilitis were reported during the period.
These were mostly of mild type and no fatalities resulted.
One hundred and eighty-eight plumbing applications have been made to the Board and permits granted for the same.
Much of the work has required two or more inspections owing to alterations required or defects to be remedied.
House owners should bear in mind that the plumbing in- spector does not control the quality or kind of material used, outside of the traps, soil, waste or vent pipes, and they should see that boilers, tank valves and ball cocks are of a quality suitable for the work required of them, if they wish to avoid paying excess water charges, or for replacing defective stock.
During the fall the Board was called before the Committee of the Legislature on tuberculosis, and was asked why Norwood had not complied with the request of the State Board of Health that a Contagious Hospital be established.
The answer was no such request had been made, and the present arrangements for contagious diseases, were so eco- nomical and satisfactory that such a request was improbable.
The usual number of complaints of nuisances were received, and in nearly every instance the Board has investigated and where occasion demanded has made the required order for abatement after such investigation.
This calls for a great deal more time than would be sup- posed, but as complaints are usually anonymous, is an absolute necessity.
The Board has endeavored to act with fairness and without bias, and has honestly tried to maintain the sanitary interests of the Town as a whole without inflicting hardships on indi- viduals.
The conditions in Norwood are rapidly changing. It is now in most respects a city with the problems of a city, and these
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problems must be faced and solved as they arise, and before disaster results.
We ask for $150.00, salaries of Board; $1,500.00, garbage collection, plumbing inspection, slaughtering inspection, ex- penses and supplies; $2,000.00, contagious disease expenses, making a total of $3,650.00.
Respectfully submitted,
FRED E. COLBURN, WILLIAM F. BAKER, CLEMENT H. HALLOWELL.
158
REPORT OF THE CEMETERY COMMISSIONERS.
The Board of Cemetery Commissioners herewith present the following report for the year ending January 31, 1914. The care of lots and graves and maintenance and improvement of walks and avenues, construction of foundations, grading and new lots, has been carried on under the direction of Superin- tendent Charles B. Dexter until August 1, 1913, when poor health caused him to resign, having had charge of this work for twelve years. George A. Smith was appointed superintendent to fill the vacancy and has since carried on the work. On sections 5 and 6 much work has been done and 27 lots are now available.
On the land recently taken over by the Cemetery Commission- ers from the original purchasing committee, much work has been done, and the Cemetery Commissioners would recommend that five thousand dollars be appropriated for the continuation of the work. During the past year four deposits for perpetual care of lots have been made, and the Cemetery Commissioners recommend all lot owners to consider the advantage of making deposits for this purpose.
Respectfully submitted,
F. W. TALBOT, C. B. DEXTER, EDWARD B. PENDERGAST. Board of Cemetery Commissioners.
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159
REPORT OF TOWN COUNSEL.
February 16th, 1914.
Board of Selectmen,
James A. Hartshorn, Chairman, Norwood, Mass.
Dear Sirs: I submit this, my fifth report as counsel for the Town covering the year ending January 31st, 1914.
The service rendered by my department has been principally advisory and in that respect quite as important duties have been performed as in past years.
While several suits have been brought against the Town yet they do not involve any considerable sums and are such as might be expected in the normal course of business in an active community like Norwood. The service rendered is indicated in detail in the summary which appears below. It includes attendance at annual and special town meetings, at meetings of the various boards and committees, and at hearings, also attention to court matters; conferences exceeding 200 in num- ber, of varying lengths of time, were held with the various town officials and with others who had to do with the affairs of the Town. In addition a great number of telephone conferences were held and about 125 letters were prepared.
Among the matters dealt with, the more important were as follows :---
New Highway.
In my report of last year, I dwelt upon this matter at some length and indicated that the new highway between Norwood and Westwood on the Westerly side of the location of the tracks of the New York, New Haven and Hartford Railroad Company as petitioned for by the Selectmen and others had been laid out
160
by the County Commissioners. During the past year, after several conferences between the County Commissioners, the officials of the Railroad Company and the Selectmen, an agree- men was reached as to the width to which the highway was to be constructed, namely, 60 feet, and as to the kind of way to be constructed. It was expected that the work would start in the early fall, but because of a change in the management of the Railroad Company and the necessity of preparing plans and specifications, seeking bids and completing the contract for construction, it was found impossible to get the work under way except at a time when it would be undertaken on account of weather conditions at too great an expense. Therefore, fur- ther time for the completion of the work was sought and granted by the County Commissioners, namely, until June 30th, 1914. Assurance has been given by the Railroad Company officials that the work will be begun early this spring, and it is hoped that it will be sufficiently advanced, if not completed, so as to allow use of the way for travel for at least a part of the coming summer.
Ellis Station Bridge Alteration.
This matter was referred to in my report of last year. In a word, a petition was then pending brought by the Selectmen of Westwood for the alteration of the bridge crossing Washington Street near Ellis Station and hearings had been held, but no de- cision had been reached. The County Commissioners before making a decree on this petition called into several conferences the Selectmen of Westwood as well as of Norwood, and the representatives of the New York, New Haven and Hartford Railroad Company and the Bay State Street Railway Company, together with the Counsel for Westwood and Norwood with a view to reaching an agreement for certain changes at this point and for some equitable division of the expense involved. Appar- ently the Town of Westwood was unwilling to bear such portion of the expense as was suggested should be borne by it and the attempt to bring the parties into agreement failed. Following this the County Commissioners under date of March 18th, 1913,
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161
entered a decree dismissing the petition. Thereupon the Rail- road Company carried out its original plan of putting in a heav- ier bridge at this point and has, in connection with that work, strengthened the abutments.
Chief of Police Charges and Hearing.
As a result of the charges preferred against the former Chief of Police, your Board as well as the Town Counsel were called upon to give a vast amount of time to the investigation of these charges, to appropriate action to bring them to a hearing, to the public hearing requested by the accused official and to the consideration of the evidence so presented. The resignation tendered by this official following the hearing was accepted and your Board relieved from the necessity of rendering a public decision on the charges. It is known to the Town Counsel that every step to safeguard the interests both of the Town and of the accused official was taken by your Board in an orderly and proper manner and with due deliberation, and that the matter was treated with the importance which it deserved. In consequence of the character and scope of the inquiry and hear- ing, the public interest created and of the requirements of the statutes which were treated as obligatory, the Town was given considerable unfortunate notoriety and put to a large expense. The Selectmen are charged under the law with the oversight of the Police Department and the Chief of Police is their subordinate and in a way their agent for the conduct of the department. By the operation of the Civil Service law they were not free to take summary action to change the head of the Department if they wished to do so, and they are not to be criticized either for re- sponding to a demand, backed by substantial evidence, for investigation and for action or for the cost which resulted.
Entirely apart from the merits of this particular controversy and what resulted it seems unwise, so long as the Selectmen are charged with the responsibility of conducting this department, that they should not be permitted summarily, if they see fit, to change its policy through removal of its chief without being compelled to have first a public inquiry and second their deci-
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162
sion submitted to another tribunal for reversal or confirmation as the Civil Service laws require. It does not follow from this that the regular officers of the Department should not have the protection of the Civil Service. It is only that there should not be two heads so to speak, one the Chief of Police and the other the Selectmen, the latter being directly responsible as elected officials for the results obtained, while the former once under the Civil Service rules has no such direct responsibility.
Nahatan Street Widening.
Pursuant to the vote under Article 34 of the annual town meeting warrant instructing the Selectmen to petition the County Commissioners on behalf of the Town to alter and widen Nahatan Street from Prospect Street to Washington Street, the Town Counsel drafted, by direction of the. Selectmen, a petition to the County Commissioners appropriate for said purpose, and requesting that the relocation be made under the provisions of law authorizing the assessment of betterments. This petition was filed and a hearing was held on the same, on the 15th day of July, 1913, and the route and premises were viewed by the Commissioners, the Selectmen and interested parties. On the 5th of August, 1913, the Commissioners made a decree adjudging that the public convenience and necessity required the granting of the petition. Upon this adjudication a hearing was given on the 25th of September, 1913, with refer- ence to the relocation of the way by altering and widening within the limits set out in the petition. Following this hearing the decree of relocation was entered on the 18th of November 1913, damages were awarded, proprietors of lands and property rights were given six months from that date within which to remove property from the lands taken in relocating the way, and the Town required to complete the relocation withinone year from the date of the decree. By the terms of the decree damages to the amount of $3,636.25 were awarded and all expense and damages to be paid by Norwood. Upon comple- tion of the work in compliance with the decree the County of
163
Norfolk shall pay to the Town the sum of $4,000. The Town Counsel attended the hearings and advised upon the questions involved.
Edison Electric Illuminating Company of Boston, Conduit Locations.
In March, 1913, the Edison Electric Illuminating Company of Boston petitioned the Selectmen for permission to lay and main- tain underground conduits, manholes and armored cables, so-called, for the purpose of transmitting electricity from the Town of Westwood through the Town of Norwood to the Town of Walpole in accordance with the provisions of Chapter 509 of the Acts of the Legislature of the year 1911. The petition requested a route through Washington Street to Neponset Street, thence to Pleasant Street, thence to Water Street, thence to Washington Street and to the Walpole line. This petition was considered by the Selectmen and the Electric Light Board as well as the Town Planning Committee. Changes in the route were suggested and certain concessions were requested with the result that after a hearing the petition was withdrawn. A new petition was presented later requesting a new route namely, Washington Street from Granite Street to Railroad Avenue, Railroad Avenue to Market Street, Market Street to Washington Street, Washington Street to the Walpole town line. After conferences and a hearing on this petition it was withdrawn and another petition filed later requesting as the route Hill Street as laid out to Railroad Avenue, Railroad Avenue from Hill Street to Lenox Street, Lenox Street from Railroad Avenue to Washington Street; Washington Street from Lenox Street to the Norwood-Walpole line. After further conferences and hearings, and full consideration of the matter by the Selectmen and the Electric Light Board, this petition was granted.
From the Westwood line a right of way had been secured by the petitioner from the State Highway Commission through Washington Street to a point Northerly of the First High Bridge, so-called; thence the line was carried Southeasterly over a
164
private right of way to Hill Street. The order of the Board of Selectmen dated Oct. 8th, 1913, indicates the care and attention which were given to this important matter. In addition to the acceptance of the conditions of the permit the petitioner exe- cuted an instrument containing covenants with the Town re- lating to this same matter and furnished the bond required. The order was submitted subsequently to the Board of Gas and Electric Light Commissioners and received its approval. In the course pursued it was sought to deal fairly with the peti- tioner and at the same time safeguard the rights of the Town. It is to be noted that the petitioner agreed to lay and has laid, free of expense to the Town, a conduit with manholes from its underground line at the junction of Railroad Avenue and Hill Street to the Electric Light Station on Market Street, thus permitting the Town to receive underground its main supply of electric current from the Edison Company. The Town Counsel attended the several hearings and conferences, advised upon the various questions involved and prepared all letters and documents which were required. Because of the importance of the matter and the interest which the citizens doubtless have in regard to it, copies of the order and of the covenants above referred to are appended to this report.
General Matters.
The suits brought by the Town in the Superior Court for Norfolk County against the Cities of Somerville and Cambridge to recover for aid furnished for which it was claimed one or both of these cities were liable and pending at the beginning of the year have been disposed of. In the case against the City of Cambridge by agreement a judgment in the sum of $670.91 was entered in favor of the Town of Norwood of which sum $650 were damages and $20.91 costs. By this arrangement the entire amount of the principal of the claim was realized and a compromise made as to interest. The amount due on the judgment was paid to the Town and this suit brought to a very satisfactory conclusion. As the other case related to the same
165
matter, following the settlement with the City of Cambridge, an agreement was made with the City of Somerville by which the case against it was dismissed without expense to either party.
On the 7th of February, 1913, eight suits were brought against the Town by the several parties who had paid the betterment assessments levied on account of the construction of Park Street, The object of the suits was to recover the moneys so paid. The total amount involved in the suits as appears from the declarations is $347.65. These suits are pending in the District Court for Northern Norfolk and motions to determine whether the suits can be maintained are to be heard and determined before any decision on the merits of the cases will be sought if such becomes necessary. Engagements of counsel have pre- vented these motions from being heard, but it is expected that they will be disposed of shortly.
The only other suits which are in the hands of the Town Counsel for attention are those of Willard Dean and of John Boabdallah both growing out of land takings for sewer purposes by the Sewer Commissioners, and being in the form of petitions filed in the Superior Court for Norfolk County to have any damages sustained by the petitioners assessed by jury. These suits should be disposed of during the present year.
The transfer from George F. Willett to the Town of the title to the four parcels of land fronting on Norwood Square, Mar- ket, Nahatan and Washington Streets was completed in the early part of the year and as preliminary to such transfer the titles were carefully examined, certain questions in connection with the same passed upon and certain papers drafted and approved.
The bill drafted for the Sewer Commissioners authorizing the Town to incur additional indebtedness for sewerage purposes was enacted into law on February 17th, 1913, becoming Chapter 90 of the Acts of the year 1913. In accordance with the permission thus secured the Town voted at its annual meeting to authorize the sale of $50,000.00 four per cent bonds for the extension of the sewer system and these bonds were subsequently issued.
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Attention was given to various matters arising from the action taken not only in the Town meeting but in disposing of the bonds.
The Massachusetts State Highway Commission gave notice of the taking by it for State highway purposes of that portion of Washington Street from the Westwood line extending Southerly under the so-called Ellis Station Bridge which had heretofore remained a county way, and the record of the action taken has been filed with the Town Clerk. It is important for the citi- zens to know that the portion of Washington Street under the Ellis Station Bridge as well as that portion of the Street that lies between that bridge and the First High Bridge so-called, is a part of the State highway and that to the extent provided by statute the control and responsibility for the same are on the State instead of on the Town.
Matters upon which advice and other service were given are summarized as follows :-
To the Selectmen.
Grow claim; new highway decree; articles annual town meeting warrant; County Commissioners proceedings re Ellis Bridge situation; Ellis Bridge alteration plan and division of expense; Willett land title questions and papers; Law re closing polls; law re eight hour acceptance act; right of Town to compromise suits re Park Street betterment assessments; sewer assessment lien on Savage lot Market Street; annual town meeting votes; conduit locations through Town by Edi- son Electric Illuminating Company petitions, order and cove- nants; suits against Somerville and Cambridge re Salter pay- ments; right of Town to build conduits and lease to the Edison Electric Illuminating Company; re binding out of minor to service; articles for special town meeting warrant and votes; New England Cement Stone Company tracks across Pleasant Street and town property trespass; duties of Selectmen; Concord Avenue surface water damage liability; Nelson White taxes, division and payment of assessment; new highway damage award payments and interest on same; Cushing junk
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collector's license; Police Department information; taking for State highway of portion of Washington Street at Ellis bridge; Nahatan Street widening petition and hearing; care and disposition of certain children; adoption of Salter child by Mr. Foye; O'Brien accident settlement; department liable for medical treatment for insane person; Thompson accident- claim; Fales-Walsh. Nahatan Street property betterment tax; Walpole Street conditions; Chief of Police matters; suspension, evidence, hearing and removal papers; tax title suit, Larned vs. Everett; extension of time for new highway construction work; cleaning of drains; Isolation hospital matter; application of civil service rules re appointment of a Chief of Police; signatures to town notes; appointment of constable and deputy tax. col- lector; Walpole Street injury claim; drain through Drummey land; release questions-parties involved in parentage and support of child; effect of statute 1913 on closing of existing fiscal year; financial matters; stone crusher committee report and action thereunder; pawnbroker's license; license to ex- pressmen re transportation of liquors; care of surface water and extension of existing drains for such purpose; Town Counsel report.
To the Sewer Commissioners.
Liability of Town to workmen and public for injuries result- ing from sewer construction; also re insurance protection; opinion to Sewer Board re same; new sewerage act questions and bonds for extension work and articles for town meeting warrant regarding same; law re building private sewers and re- imbursement by Town on acceptance of streets; opinion re Rhoades land proposed sewer construction; track location by New England Cement Stone Company and trespass on town property at Pleasant Street; examination of property and track location re removal of tracks; attention to the vote for new sewer bonds; Concord Avenue drain work; taking lands of Bird and others; also Dean and Morrill Company lands, plans and description of taking; records and statements for registra-
168
tion re Dean and Morrill Company lands and right of way through Bird and Son and other lands; conference re damage; question of damage and valuation on Dean land account sewer taking; sewer act considered and advised upon; use of funds in department treasury for payment of interest and bonds; Boabdallah petition for damages for sewer taking; attention pleadings; Dean petition for damages re taking sewer purposes ; attention to pleadings; examination Dean and Boabdallah premises with commissioners, and questions discussed.
To the Town Accountant.
Articles for annual town meeting warrant; sewer assessment lien on Savage lot, Market Street; Park Street betterment suits matters; Craigin estate water claim; Emerson transfer of payment under water taker's guaranty; New England Cement Stone Company track location; article for warrant re building inspection; by-law changes; votes as to schoolhouse notes; motions under articles for annual town meeting warrant; new articles and change in schoolhouse loan and sewer bonds vote; moth suppression statutes; revising drafts of votes for special town meeting; new schoolhouse construction loan vote; Nel- son White matter; re collection water rates; votes under Craigin guaranty question; payment of funds Smith cemetery trust; taking for Sewer purposes; Capen bond; Special town meeting articles re sewer bond vote; abatement of water rate charges; surrender of freight bills for water pipe; approval of schoolhouse building expenses by majority of building commit- tee; article for rebate of excess water rate 1912-1913; charge for summons by tax collector; insurance of new schoolhouse building during construction and appropriation for same; O'Brien accident claim; evidence and settlement papers in- cluding release; right of Cemetery Commissioners to appoint a permanent superintendent; salary appropriation for retired superintendent; other Cemetery Commissioners' questions; Donald accident claim; opinion as to department responsible for medical treatment of insane persons before commitment;
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