USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1936-1938 > Part 38
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On October 31 the resignation of Mr. Alfred Pearson as janitor of the library was received with regret. He has served the library faithfully for thirty years and the Trustees wish him many years of life and happiness. Mr. Carl Pearson, his son, succeeded him on November 1.
During the year there has arisen a need for normal repairs on the interior walls and the tiled roof of the building.
The growth of the Young Adults' Room has been quite definite and necessitated the purchase of a new bookcase.
In the reading room we may find a fine collection of magazines and dailies which may be read with much profit by those seeking to increase their knowledge in almost any field.
The total number of books circulated during the year was 115,822. Of this about 25% was non-fiction.
Respectfully submitted,
W. W. EVERETT, Chairman MARY E. WILLIAMS, Secretary, A. MARION SWAIN, RICHARD D. NORTHROP, MAUDE A. SHATTUCK, RALPH W. TAYLOR.
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LIBRARIAN'S REPORT
To the Board of Trustees:
The following is a statistical report of the Morrill Memorial Library for the year 1937, arranged according to the form recommended by the American Library Association.
Name of Library
Morrill Memorial Library
Town
Norwood
Name of Librarian
Jane A. Hewett
Date of founding
1873
Population served
15,579
Assessed valuation
$22,587,110.00
Terms of use
Free for lending; free for reference
Number of agencies
5
Number of days open in 1937
302
Number of hours open each week
66
Number of staff
7
Increase
Number of volumes at the beginning of the year
49,191
Number of volumes added by purchase
1,892
Number of volumes added by gift
77
Number of volumes at the end of the year
51,160
Use
Fiction
Non-fiction
Foreign
Total
Adult
59,840
14,946
351
75,137
Young Adult
11,586
1,385
12,971
Juvenile
10,231
3,164
13,395
Balch School
2,664
Callahan School
3,474
Shattuck School
4,065
Winslow and West Schools
3,915
High School
201
Total number of books circulated
115,822
Finance
See Report of Town Accountant.
Registration
Adult
Young Adult
Juvenile
Total
Number of borrowers registered in 1937
161
61
263
485
Total number of registered borrowers
3165
754
1044
4963
72
Books Added to the Library
Adult
Young Adult
Juvenile
Total
General works
35
19
1
55
Philosophy
17
17
Religion
32
1
3
36
Sociology (includes fairy tales)
80
8
60
148
Philology
4
-
4
Natural science
27
10
10
47
Useful arts
44
11
11
66
Fine arts
89
3
-
92
Literature
74
13
41
128
Description and travel
90
11
14
115
Biography
149
10
19
178
History
70
6
11
87
Fiction
557
63
376
996
Total
1268
155
546
1969
Books, magazines, newspapers and pamphlets have been received from the following:
Mr. Arthur P. Allen
Little Brown Company
Miss Madeline Appleby
Master Philip Lozier
Mrs. Charles V. Austin
Mr. Charles Wescheke
Anonymous
Mr. Roy L. Wilbur
Mrs. Frederic Bagley
American Legion Auxiliary
Mr. Ernest J. Baker
Associated Harvard Clubs
Doubleday Doran Company
Commonwealth of Massachusetts
Mr. James P. Jinks
Norwood Catholic Women's Club U. S. Veterans of Foreign Wars
Flowers have been received from the following:
Miss Elizabeth Gallivan
Mr. Mahlon Perry
Mrs. Roland E. Gustafson
Mrs. Allan C. Haskell
Mrs. Otis D. Swain Members of the staff
JANE A. HEWETT, Librarian
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Kamin Publishers
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ANNUAL REPORT OF TOWN COUNSEL
Selectmen Charles F. Holman, Chairman
Norwood, Massachusetts
Dear Sirs:
I submit herewith in summarized form the twenty-ninth annual report of my conduct of the Legal Department of the town covering its activities for the year nineteen hundred and thirty-seven.
As in past years, the principal service has been of an advisory character, in many instances through written opinions, and furnished to the following departments and officials, namely, Selectmen and Board of Survey, School Committee and its Superintendent, Town Treasurer and Collector of Taxes, Finance Commission, Board of Health, Board of Assessors, Board of Public Welfare, Planning Board, General Manager, Town Clerk and Accountant, Inspector of Buildings, Fire Department, Peabody Fund Committee, and Contributory Retirement Board.
In addition, service was rendered as requested or as voluntarily under- taken, when it seemed advisable, in the form of attendance at hearings, conferences and views taken, court activities, drafting and revising various instruments and attention to an extensive correspondence.
As appears from the itemization which follows, the service rendered dealt, as in past years, with a variety of essential problems and questions and covered a wide field of municipal activities. A detailed account of the service arranged chronologically in departmental order, has been pre- pared and placed in the files and is available for reference purposes.
Litigation and Claims
Charles P. Pond, et al vs. Norwood (Flora M. Pond, executrix).
Flora Pond, et al vs. Norwood: The status of these cases with respect to disposition, by trial or otherwise, remains as stated in the report for the year nineteen hundred and thirty-six. The situation is an unusual one in that there appears to be but one party interested in bringing the litiga- tion to a conclusion and whose interest results from relationship with one of the original party petitioners now deceased and which interested party is now holding title to the properties involved through foreclosure of tax title liens. It is doubtful if the cases will be tried in the future and there is a possibility, although remote, that through the activities of said inter- ested party a disposition by some sort of a compromise agreement may result. The Selectmen have always stood ready to consider disposition on a fair basis protective of the town's interests.
City of Boston vs. Norwood: This suit, as stated in the report for the year nineteen hundred and thirty-six, was brought by the City of Boston against the town by writ issuing out of the Superior Court for Suffolk County on December 15, 1936 and returnable on the first day of March,
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nineteen hundred and thirty-seven, being an action of contract to recover on some fifty-six separate claims for relief furnished to various persons alleged to have had Norwood settlements, in the total sum of $28,498.00. By agreement with the Corporation Counsel of Boston, the case was trans- ferred from Suffolk County to Norfolk County where it is now pending for trial, following answer filed on behalf of the town. It is the belief of this department as stated in the report for last year, that the majority of the claims covered by the suit are outlawed by the specific statutory period of limitation of action and /or that the alleged recipients have no Norwood settlement. This belief has been strengthened during the past year as a result of conferences had with officials in the Welfare Department of the City of Boston, who have immediate supervision of the subject matter of the suit. These conferences were undertaken and are still being held to eliminate as far as possible items which could be found to be not in con- troversy as to liability or lack of liability.
There is also pending in the Superior Court for Norfolk County a suit brought in behalf of the town against the City of Boston by way of cross- action to recover the sum of $1,811.26 for claims for relief furnished to Boston settled recipients. It is doubtful if these cases will be brought to trial during the present year in view of the negotiations under way and the desire, expressed by the Legal Department of the City of Boston, that the respective claims be settled by negotiation rather than through court trial, which, on account of the number of claims involved on both sides, would mean long and expensive hearings.
Norwood vs. Town of Westwood: This suit pending at the beginning of the year 1937 under agreement for settlement through payment of the amount of the claim involved with interest and costs, namely, $156.81, was settled in the early part of the year, in accordance with the terms of the agreement.
Donahue (Workmen's Compensation) Claim: This claim reported as pending at the end of last year was brought by a petition to the State Department of Industrial Accidents under the Workmen's Compensation Act to recover compensation for a personal injury alleged to have been sustained in July, 1936, while in the employ of the town. On advice of this department that the claim should be recognized following further in- vestigation the Selectmen authorized a settlement to be negotiated and thereafter such settlement was made with the approval of the Industrial Accident Board in the amount of $170.00 covering medical and hospital expenses and including a small sum for legal expenses.
Norwood vs. Caroline M. Hunt: With the approval of the Selectmen, suit was brought on April 22, in behalf of the town against Caroline M. Hunt to recover for damage to a motor vehicle owned by the town, operated by Superintendent Conley of the Department of Public Works, and re- sulting from a collision with a motor vehicle owned by Mrs. Hunt and operated by one Johnson and which suit following entry in the District
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Court of Northern Norfolk was removed to the Norfolk Superior Court. The action was referred with other pending actions growing out of the collision to an Auditor, who, following hearings, reported on August 16 findings adverse to the town and in line with findings favorable to Mrs. Hunt and Mr. Johnson and another passenger in the Hunt motor vehicle in their suits. It was deemed advisable to allow the case to rest on the Auditor's finding without further litigation and with the approval of the Selectmen an agreement for judgment for the defendant without costs was filed in October, 1937.
Norwood vs. Julia Smith: With the approval of the Selectmen by a writ issuing out of the District Court for Southern Norfolk dated August 3, suit was brought in behalf of the town against Julia Smith to recover compensation for damage to a fire truck owned by the town resulting from a collision at the intersection of Maple and Vernon Streets with a motor vehicle operated by said Julia Smith on the twenty-third day of May, which suit was returnable on September 11, 1937. The action was removed by the defendant to the Norfolk Superior Court on September 14, where it is now pending for trial. Agreement has been reached with counsel for the defendant as to the amount of the damages, namely, $300.00, subject however, to liability being established. Several other actions resulting from the collision and involving persons injured are also pending and all cases will doubtless be tried together during the year 1938.
Norwood vs. James Walker Estate: By writ issuing out of the Superior Court for Norfolk County under date of July 30, 1937, an action of con- tract was brought against the Estate of James Walker to recover a sub- stantial sum paid to Mr. Walker in his life time by way of old age assist- ance on the ground that it was found after his death that he had been in funds and was not entitled to receive such assistance which fact, however, was unknown to the old age assistance division of the Norwood Board of Public Welfare when payments were being made. It developed that the estate was small and that a recovery was doubtful and in consequence a settlement by way of compromise in the sum of $100.00 was obtained by negotiation with the Executor and the suit was withdrawn.
Town of Norwood, Petitioner: As appears in the report for last year a petition was filed on August 8, 1936 by the Town Treasurer in behalf of the town with the Land Court to register the title, secured through decree for foreclosure of tax liens, to land with building thereon on Railroad Avenue, known as the Sullivan property. The title was duly registered and a decree of registration issued from the Land Court and was filed with the Norfolk Registry District of the Land Court on Janaury 26, 1937, in Book 103, Page 143 and Certificate of Title No. 20543 issued to the town.
Claims for reimbursement for relief furnished to recipients in the form of public assistance and hospital care who were settled elsewhere than in Norwood have had appropriate attention with results as follows:
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Norwood vs. Town of Belmont: Settled in full by payment of $222.19.
Norwood vs. City of Chicopee: Suit was brought in behalf of the town against the City of Chicopee through writ issuing out of the Superior Court for Norfolk County on January 21, 1937, and returnable on the first Monday of March, 1937, where it is now pending. The suit is based upon a claim for welfare and hospital relief furnished to certain persons having settlements in Chicopee. As a result of negotiations a settlement of the claim is expected to be made in the early part of 1938.
Norwood vs. Town of Dedham: Settled in full by payment of $710.00.
Norwood vs. Town of Mansfield: Settled in full by payment of $326.79.
Norwood vs. Town of Newburyport: Settled in full by payment of $12.00.
Norwood vs. Town of North Attleboro: Settled in full by payment of $858.36.
Norwood vs. Town of Watertown: Settled in full by payment of $895.63.
On November 8, certain claims of the town against the estate of a party who deceased earlier in the year were settled in full by the Administrator of the estate as follows, namely, for aid and hospital care and funeral ex- penses with interest in the total sum of $1342.79, also for redemption of tax title held by the town, amount $293.62.
A suit for hospital relief brought by the City of Worcester vs. Norwood was settled in full by payment of $33.00.
Tax Lien Foreclosure Cases
Petitions filed in the Land Court in behalf of the town by Town Treasurer and Collector of Taxes Sullivan for the foreclosure of tax title liens with respect to the various properties, as detailed in the respective petitions, which were pending on January 1, 1937, and which were brought during the year and the status of the same are reported as follows:
Pending on January 1, 1937:
Norwood vs. A. L. Atwood, et al ( No. 6161). Withdrawn on motion allowed January 28, 1937, by reason of redemption of tax lien.
Norwood vs. Walter E. Bailey, Jr., et al ( No. 6162). Motion for general default filed September 23, 1937. Pending. Tax redemption expected in 1938.
Norwood vs. Frederick A. Hartshorn, et al ( No. 8369). Foreclosure decree entered July 26, 1937. Notice of disposal filed with Norfolk Regis- try of Deeds August 3, 1937.
Norwood vs. American Glue Company ( No. 9919). Foreclosure decree May 15, 1937. Notice of disposal filed May 28, 1937. Motion for new certificate after decree of foreclosure filed June 15, 1937. Order for new certificate after foreclosure June 18, 1937.
Norwood vs. Alfred E. Anderson ( No. 9920). Foreclosure decree April 15, 1937, filed with Norfolk Registry of Deeds April 27, 1937.
Norwood vs. Alfred L. Atwood ( No. 9921-three parcels). Foreclosure decree September 27, 1937. Notice of disposal filed October 5, 1937.
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Norwood vs. James M. Folan ( No. 9922-ten parcels). Foreclosure decree July 30, 1937. Notice of disposal filed August 6, 1937.
Brought during year 1937:
Norwood vs. Hyman Miller ( No. 10641). Petition filed April 23, 1937. Motion for default filed October 23, 1937. Pending for hearing on answer filed.
Norwood vs. Abram Deeb and Elizabeth Deeb ( No. 10642). Petition filed April 23, 1937. Motion for default filed November 22, 1937. Pend- ing
Norwood vs. Alfred L. Aiwood and May Wells Atwood ( No. 10643-two parcels). Petitions filed April 23, 1937. Decree of foreclosure November 24, 1937. Notice of disposal filed at Norfolk Registry of Deeds November 29, 1937.
Norwood vs. Peter Thomas and Mary Thomas (No. 10644). Peticion filed April 23, 1937. Decree November 12, 1937. Notice of disposal filed at Norfolk Registry of Deeds November 19, 1937.
Norwood vs. Vincent J. Staszevic and Pauline J. Staszevic ( No. 10645). Petition filed April 23, 1937. Decree November 8, 1937. Notice of dis- posal filed at Norfolk Registry of Deeds November 13, 1937.
Norwood vs. Edith I. Haley, George S. Haley, Ruth G. Griffiths and Housing Securities Corporation ( No. 10646). Petition filed April 23, 1937. Decree November 22, 1937. Notice of disposal filed with Norfolk Registry of Deeds December 7, 1937.
Norwood vs. Joseph E. Paquette and Marie Paquette ( No. 10647). Peti- tion filed April 23, 1937. Decree of foreclosure November 12, 1937. Notice of disposal filed with Norfolk Registry of Deeds November 19, 1937.
Norwood vs. Carmine Palumbo ( No. 10648). Petition filed April 23, 1937. Decree December 30, 1937. Notice of disposal filed with Norfolk Registry of Deeds January 5, 1938.
Norwood vs. Benny Januskevic ( No. 10649-two parcels). Petitions filed April 23, 1937. Decree June 18, 1937. Notice of disposal filed at Norfolk Registry of Deeds July 18, 1937.
Norwood vs. Alfred L. Atwood and May Wells Atwood ( No. 11755-three parcels). Petitions filed December 11, 1937. Pending.
Tax Appeal
Norwood Civic Association, Appellant vs. Board of Assessors of the Town of Norwood, Appellee, No. X-9717. By petition filed on January 11, 1937, with the Board of Tax Appeals (Appellate Tax Board, successor) the Nor- wood Civic Association made appeal from the refusal of the Norwood Board of Assessors to abate the tax levied for the year 1936 upon the property of the petitioner consisting of a parcel of land with bathhouse thereon located on Brook Street and containing 12 acres 22040 square feet (also described as property along Brook Road and Willett Pond) following statutory application filed September 30, 1936, abatement being sought
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on the ground that said property was exempt from taxation. Assessed value $10,200.00, tax unpaid $330.48. The case is pending for hearing.
Certain claims against the town were referred to this department by the Selectmen either through General Manager Kendrick or Clerk Pendergast and had the necessary attention through advice as to liability given after investigation and through disposition of which the following are men- tioned, namely:
Sarah Frueh: Claim for personal injuries sustained through defective street condition. Compromise settlement in the sum of $250.00 which amount was substantially less than the expense involved as indicated by the claimant.
Elsie M. Turner: Claim for injuries sustained on December 3 through defective sidewalk condition on Vernon Street. Disposition by com- promise settlement early in January, 1938, in the sum of $100.00.
Edward H. O'Toole (Glacier Sand and Stone Company): Claim for reimbursement in the sum of $2,361.18 for expenses involved in extraction of a steam shovel mired in connection with the work of excavating for skating pool purposes at White Mike's Playground, so-called. Following investigation and several conferences and consideration of the merits of the claim a compromise settlement was made on June 2, 1937, in the sum of $1,200.00 with the approval of the Selectmen.
General
Other matters as to which services were rendered by way of advice or otherwise and, as to which brief reference is made, are set forth in the following form under the headings of the respective departments and officials concerned with the same.
Selectmen
Gammell agreement with McCabe Brothers as to ice cream business- Study and advice.
Conference of Selectmen with heads of various departments-Attend- ance.
Charter rights and duties-Review.
Gammell situation, particularly as to agreement between Gammell and McCabe Brothers Re Sunday sales license application-Conference and advice.
Hearing before Metropolitan Affairs Committee in opposition to House Bill 740 as to creation of a Metropolitan Boston Area-Attendance and report to Selectmen.
House Bill 1589 to legalize sale by towns of electric appliances, etc .- Report to Selectmen.
Action with respect to enforcement of smoke nuisance statutes-Law examined and advice to Clerk Pendergast.
Relief situation and action as to certain cases-Advice to Chairman.
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Opinion furnished, as requested, with respect to tree within street limits following review of law. Revised opinion as to tree situation and town liability as to location of same-Law reviewed Re same.
Right to borrow money for acquiring and maintenaining public parking places, also right to use land not needed for public school purposes for laying out of public way, also action with respect to public way through land owned by the town without statutory seven days' notice-Law re- viewed and advice given.
Public hearing by Selectmen on recommendations and report by Town Planning Consultant-Attendance.
Proposed by law as to loam removal-Advice.
Requested location of public park in Wilson Street section-Advice.
Change of by law as to street construction with respect to sub-surface grading following lay out-Conference.
Advice Re question relating to location of parks and securing public playgrounds including course of procedure and rights and duties of Park Commissioners at conference with Selectmen, Finance Commission, Chair- man of Planning Board, Clerk Pendergast and General Manager Kendrick, also advising Re liability of town with respect to unwrought sections in- cluding sidewalks of proposed streets when laid out and application of by law with respect to sub-grading.
Preparing summary of Selectmen's records for 1936 annual report in final form and drafting report from data thus obtained.
Attention to 1937 records of Clerk and starting summary of same.
Board of Survey
Conference with Clerk Pendergast Re effect of establishment of exterior lines for street purposes by Board of Survey and advising as to necessity for easement to lay water mains in such area.
School Committee and Superintendent
Attention to tuition claim Re payments by Westwood party.
Liability of town for injuries received by employee in high school cafeteria and if received by high school pupil acting as aid in lunch counter service in high school-Law examined and opinion to Superintendent Lynch.
Sub-letting by contractor of school bus transportation contract rights- Advice to Superintendent Lynch.
Inquiry made Re situation disclosed as to Sparrow bus transportation contract-Advice to Superintendent Lynch.
Security requirements as to contract for transportation of school pupils- Law examined and advice to Superintendent Lynch.
New school bus contract bond situation-Consideration.
Manual arts pupils activities-Letter of advice.
Town liability for accident to Shattuck School pupil-Study of report on facts and of law and opinion to Superintendent Lynch.
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Town Treasurer and Collector of Taxes
Right of widow as interested party to redeem tax title of husband's real estate-Advice.
Preparation of deeds for conveyance of certain parcels of land to one McGarry and to one Cox and attention to change in McGarry deed- Correspondence Re same.
Attention to papers, drafting deed of St. Paul Avenue land to Jakobowski and new set up of same-Correspondence and advice.
Prepared deed Norwood to Sophie Washwell, former owner, Oliver Street land sale acquired by tax title-Correspondence and conference.
Claim of false arrest under tax warrant by named party-Advice to Deputy Tax Collector.
Duty to recognize attachments of wages of municipal employees-Ad- vice.
Duty with respect to assignments and attachment of wages-Opinion.
Advice Re attaching of wages under trustee process and assignments of wages questions.
Situation as to land included in tax lien foreclosure-Conference with A. L. Atwood and another, also conference with Collector of Taxes Sulli- van.
Registration of decree on Sullivan tax title land-Attention to papers and filing with Land Recorder. Attention to certificate of title of said land and draft of deed of conveyance to Marion J. Pendergast.
Conference with Examiner Coughlin and attention to situation as to Atwood tax title decree in case No. 6160 as to claim of invalidity.
Attention to dismissal of pending tax lien case No. 6161, Atwood land, including motion to Land Court. Certificate of disposition.
Attention to motion for default in case No. 9922 Land Court, James M. Folan, ten parcels.
Course of action as to Hartshorn tax lien foreclosure with respect to notice to interested parties-Attention.
Attention to general default in case No. 9921 (Atwood) Land Court.
Attention to notice from Land Court for further information required in case No. 9920 (Anderson) in Land Court Re Brookfield Road property. Attention to letter from Land Court Re service of notice by constable on one Anderson in case No. 9920-Necessary action taken.
Reviewing status of tax lien foreclosure cases.
Status of various pending cases and action with respect to same-Con- ference.
Situation as to Atwood cases No. 8365 and No. 8366 with respect to notice to Mrs. Atwood-Conference Re questions raised.
Deed under decree in case No. 6166 (Chubet) St. Paul Avenue property- Conference.
Attention to papers and letter of advice Re situation with respect to
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town titles to Atwood properties (Garfield Avenue) by decrees foreclosing tax liens.
Attention to eleven petitions for filing in Land Court and letters with respect to foreclosure of tax liens. .
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