USA > Massachusetts > Norfolk County > Norwood > Norwood annual report 1936-1938 > Part 65
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Action as to refund by Indian Motorcycle Company on account of tax return by way of abatement by United States government on motorcycle purchased-Advice followed by action through correspondence resulting in payment of amount demanded for rebate.
Conferences and advice as to certain P.W.A. projects with respect to certificates required of Town Counsel also conferences with Engineer Pearson and General Manager re questions relating to proposed contract with Whitman and Howard, Engineers as to ground water supply field survey. New set up of clause found objectionable and same accepted.
Advice re claim for loss of dog run over by motor vehicle of Municipal Light Department.
Attention to papers from P.W.A. Regional Auditor as to Federal water tower project, Mass. No. 1515-F and conferences re same and as to revision of set up of advertisement for bids as to said project for water system im- provement.
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Conference and review of draft of elevated water storage tank contract and accompanying papers as to said project Mass. No. 1515-F re approval as to form.
Opinion as to liability of owner and /or insurer of motor vehicle which had been stolen, the operation of which while in its stolen status damaged an ornamental lighting pole.
Conferences and advice and study of Chapter 415 Acts of 1938 as to liens for and collection of water rates.
Conference with General Manager and reviewed main sewer extension P.W.A. project contract documents and endorsed approval of same as to form, also examined and signed papers in form of certificates concerning funds, etc. for said sewer extension project.
Conference and advice as to further papers required with respect to water tank project.
Temporary General Manager
Conference and study of draft of contract between town and Whitman and Howard, Inc. re engineering services with respect to P.W.A. project docket Mass. No. 1515-F (additional water storage capacity). Also con- ferences with Engineer Pearson, revising draft of agreement and attention to approval of revised set up.
Special Committee on Peabody Fund
Extensive service was rendered to the so-called Special Committee on Peabody Fund from time to time through a substantial portion of the year, namely, during the months of January, May, June, July, August, October, November and December, involving a very large number of conferences with Dr. Cleveland, Chairman of the Committee, with Judge Bolster, Chairman of the Trustees of the Pcabody Fund and his associates, counsel for the trustees, correspondence, participation in preparation for hcaring by Judge Prest of the Suffolk Probate Court on the petition of the trustees for instructions as to the disposition of the fund as well as participation in the hearings held before decree issued, preparing and filing brief in support of so-called Norwood Plan, conferences with Clerk Pendergast also with the special committee as such, cooperation in bringing about a substantial agreement as to the relationship of town and trustees with respect to loca- tion of the Henry O. Peabody School for Girls and the use of the income of the Peabody Fund in aid of the maintenance of the same, attention to the legislation needed to meet the initial situation with respect to the proposed location of the school in Norwood through providing the housing of the same in an addition to the senior high school and authority to finance the same by borrowing and dealing with legal questions involved with respect to the entire situation, conferences with Superintendent Lynch through his association with Dr. Cleveland in aid of securing a satisfactory working program agreement, conferences with Dr. Davis, Dean of the
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Boston University School of Education, educational expert advisor for the special committee of the town, attention to Architect Upham's plans for senior high school annex, conferences with Assistant Attorney General, attention to article in special town meeting warrant as to acceptance of special legislation and action under same, conferences with Selectmen re situation and developments also Finance Commission and School Com- mittce, exhaustive review of law, attention to brief filed by Simmons College as an intervening party, attention to questions raised in the light of the set up of the Probate Court decrce.
Appended to this report is a copy of the decree. It is proper to report that on January 9, 1939, an appeal to the Supreme Judicial Court from the Probate Court decree was taken by Simmons College which has the im- mediate effect of suspending the decree.
Town Clerk and Accountant and Clerk of Selectmen
Zoning by-law and proposed amendments-Conference.
Election law questions pertaining to annual 1938 town meeting and law governing same-Conference.
Rectification of boundary line between Norwood and Westwood at new Canton Street bridge-Conference.
Status of unrevoked licenses for carriage of passengers for hire by motor vehicles-Law examined and advice given.
Question of extent of obligation to satisfy betterment assessments past and future by parties seeking to redeem tax title-Conference.
Welfare questions-Conference.
Question of betterment assessment when and if land owner constructs street under agreement after acceptance of lay out-Statutes examined and advice given.
Duty as to management of real estate held through tax lien foreclosure Conference.
Application of zoning by-law as to loam removal for sale-Advice.
Sworn weigher (minor) appointment question-Conference.
Cemetery lot title and control questions and as to monument rights -- Conference and advice.
Course with respect to alterations of non-conforming building on ques- tions raised-Conference.
Interpretation of Section 4 of building by-law as to exempted buildings of a temporary nature-Study of by-law and conference.
Zoning by-law questions as to procedure of Board of Appeal-Statutes examined and conference.
Revising draft of set up for appeal petition under zoning by-law from action by Building Inspector-Conference.
Conference and advice re interpretation by Building Inspector of fire prevention by-law relating to temporary buildings under Section 4 and lack of authority of Building Inspector to make a rule in the matter.
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Study of recent legislation relative to easement of rights of way being protected against foreclosure of tax lien with particular reference to right of way between Nahatan Street and East Cottage Street and conference re same.
Questions relating to lay out of proposed new way in South Norwood extending from superhighway westerly and acquiring additional adjoining land for future highway purposes-Conference.
Attention to set up of ballot under Article 10 of warrant and procedure as to acceptance of provisions of Chapter 466 Acts of 1938 (An Act author- izing the town of Norwood to borrow money for high school purposes), also to reviewing and revising drafts of articles for special town meeting warrant re action as to said chapter-Conferences and advice.
Action with respect to water storage tank and tower project re engineer- ing services-Conferences.
Storm damage emergency situation and appropriation action-Review of statutes and draft of article for special town meeting warrant and con- ferences.
Eligibility of appointee to position of Temporary General Manager in light of town charter act provisions-Conference and advice also re pay- ment of salary of said officer, and use of appropriation for salary of General Manager in existing removal situation and opinion given as to right to apply such salary appropriation to that of Temporary General Manager as fixed by the Selectmen.
Jurisdiction as to appearance on official ballot for recall election of party who failed to file with Town Clerk certified nomination papers-Advice.
Situation as to additional land required for slope, etc., for new way in South Norwood voted under Article 1 of warrant of special town meeting held in October-Conference.
Set up of advertisement for proposals for water system tank P.W.A. project-Conference.
Set up of state election warrant and changes-Conference.
Citizenship of minor questions-Conference.
Use of word "restaurant" in connection with licenses issued to common victualers and set up of report to A.B.C. Commission-Conference.
By-law application to contract requiring bids and as to voidability action when by-law not observed-Conference.
Question as to right of public bathhouse privately owned to be open on Sunday-Conference and advice.
Duty to give certificate to closing out sale vendor-Advice.
Interpretation of provisions of Chapter 440 Acts of 1938 as to respective duties of Assessors and Registrars re poll tax payers listing-Law examined and conference re application and review of letter to Secretary of the Commonwealth.
Soldiers relief and kindred matters-Conference.
Status as to appointment of Assessor of R. D. Northrop while holding
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other office and as to approval by Commissioner Long-Conference and study of Section 5, Chapter 197 Acts of 1914.
Numerous conferences re set up of article for annual and special town meeting warrants, conduct of annual town meeting, motions under articles and warrants and form of same.
Review of law and conference re action as to prospective recall of Select- men election.
Opinion re questions raised as to interpretation of certain provisions of Section 29 Norwood Town Charter Act, so-called.
Attention to papers and law and conferences re questions as to set up of recall election warrant and nomination papers.
Conferences and advice re recall election proceedings including said special town election.
Miscellaneous
Study of Legislative Bulletin re pending legislation and action.
Obtaining data for and preparing Town Counsel annual report for the year 1937.
Review of recent Supreme Court decisions with particular reference to municipal questions also Appellate Tax Board decisions.
Law examined re procedure for public way crossing existing railroad location also re taxation of incorporated agricultural societies or corpora- tions cooperative or otherwise.
Law examined re jurisdiction of Land Court to determine amount re- quired to redeem tax title under pending tax title foreclosure petition.
Prepared budget report for 1939 and forwarded to officials with ex- planatory statement.
Preparing data for and draft of Selectmen's annual report for 1937.
Review water tank P.W.A. project contract, advising re new set up of certificate of authority of contractor's representative to sign contract papers, and conferences with Engineer Pearson as to same.
Conclusion
The situation at the end of the year 1938 with respect to pending litiga- tion and claims involving the town, as viewed by this department, offers no cause for concern although it is true that there is somewhat of an in- crease over like matters pending at the beginning of the year.
The service required of the department had become constant and in- creasingly burdensome as is indicated by the fact that, as the department is conducted, it has been rendered in some form or other on three hundred and two days during the year and has involved a total of nearly one thous- and hours of attention.
There appears to be on the part of many fair-minded citizens a mis- understanding of the status of the town counsel and his obligation to furnish advice on town matters upon request by individual citizens. His duties are fixed by the by laws of the town (section 3 article 5).
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The town is, in law and by its original creation, a body separate and distinct from the individuals that compose its inhabitants and the town through its officials is the client, and not the individual citizen or taxpayer, to whom and to whom alone the town counsel renders service and in a con- fidential capacity as well. Of course the Town Counsel responds to any call for service by vote of the town.
Because of such relationship the town counsel can speak only through town officials and as they determine as to advice given and can defend his advice only to them and not to the public.
The confidence, cooperation and consideration uniformly extended to the town counsel by present and former officials of the town in respect to service rendered and to be rendered by the law department is deeply ap- preciated and has correspondingly lightened the pressure incident to the responsibilities of the office.
Respectfully submitted,
JAMES A. HALLORAN, Town Counsel
Addendum to Annual Report of Town Counsel for the Year 1938
Copy
On Back
Henry O. Peabody
DECREE IN EQUITY
On Petition for Instructions
Dated December 20, 1938.
First Page (206)
COMMONWEALTH OF MASSACHUSETTS PROBATE COURT
Suffolk, ss.
In Equity No. 124484 Dec. 20, 1938.
On the petition in equity of Wilfred Bolster, Burdette R. Buckingham, Clarence A. Bunker, Frank G. Allen, and Frederick G. Nichols, Trustees under the will of Henry O. Peabody, pctitioners, against Paul A. Dever as he is Attorney General of Massachusetts, Henry O. Peabody School for Girls, Boston Safe Deposit and Trust Company, Mary P. Corey, Natalic Vasey, Edwin G. Osborn, Clara A. Stroud, Pearl E. Osborn, William L. Osborn, Bessie K. Osborn, John J. Osborn, Reuben S. Osborn, Harry H. Osborn, Grace M. Eklund, Frank E. Osborn, Lawren P. Osborn, the heirs
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and next of kin of Henry O. Peabody, and all persons who are or may be- come interested,
respondents,
praying for instructions as to the disposition of certain funds held by them as Trustees under the fourth clause of said will,
it appearing that notice according to the order of the Court has been given to all parties interested
the Attorney General and all persons interested having been heard thereon and it appearing to the court that the provisions of the will cannot be literally carried out by the petitioners as trustees and that they are en- titled to instructions of the court, after hearing and consideration, the Court doth order as decree as follows:
1. That the will of Henry O. Peabody discloses a dominant charitable intent which has not failed by reason of the sale under license of court of the King Gay Farm referred to in said will and that the heirs at law of the testator have no interest in said trust funds.
2. That the trustces, under the fourth clause of said will be and hereby are empowered to pay annually to the town of Norwood, a municipal corporation located in Norfolk County, Massachusetts the accruing net
Second Page
income from said trust property, when and if said town of Norwood shall construct and equip upon land on Nichols Street in said Norwood owned by said town a school building adjacent to or connected with the present senior high school building, which shall bear the inscription and be known as the Henry O. Peabody School for Girls, which building shall be substan- tially in the form shown by a plan approved by and in the possession of said trustees entitled "A Plan and Art Drawing for the Construction of an Addition to the Senior High School of the Town of Norwood, Massachu- setts, to bear the memorial inscription Henry O. Peabody School for Girls, by William G. Upham, Architect" which building shall be deemed ade- quate by said trustees to provide the necessary accommodations to carry on the instruction provided for in said will and so long as said Town shall maintain and carry on a school curriculum which shall conform to the purposes set out in said will and shall meet the standards now existing or hereafter set for such courses under State and Federal Vocational Acts and to insure the highest possible quality of work, or such other standards as may be substituted by written agreement between said trustees and said town of Norwood acting through its school committee. The first payment, which shall be the net income earned during the trustecs fiscal year last expired, shall be paid within sixty days after said school building
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is ready for occupancy, and staffed, and such annual payments of said net income shall continue till further order of the court, and be used only for the purposes above recited. The power and authority conferred upon said trustees by this decree with respect to the exercise thereof shall at all times be subject to review by this court.
3. The court doth further order and decree that said petitioners pay out of the funds held by them as trustees to Charles F. Dunbar, Esquire, guar- dian ad litem and counsel for certain respondents, the sum of seven hundred dollars; to Murray F. Hall, Esquire Attorney for Lawren Peabody Osborn and Pearl R. Osborn, the sum of two hundred dollars; and to Gardner T. Bolster, Esquire, Attorney for petitioners, the sum of seventeen hundred dollars.
William M. Prest, Judge of Probate Court.
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THE NORWOOD BOARD OF PUBLIC WELFARE
The Norwood Board of Public Welfare submits the annual report for the year ending December 31, 193S.
The organization of the Board at the meeting of May 23, 1938 was as follows: John A. Abdallah, Chairman; Margaret M. Giinthner, Secretary and Victor E. Blasenak.
The Commonwealth of Massachusetts since colonial days has played a major part in the enactment of humane and imposing laws regulating the care of the poor and indigent. The economic situation in the past several years has brought to the attention of all law making bodies new problems and the duties with respect to those people dealing with relief matters have become one of the major problems confronting every community.
A sincere effort has been made by the present Board to adminster relief in compliance with accepted budgetary standards for welfare work; individual treatment as to the several needs of the various cases has been the policy rather than one of mass treatment.
There has been no substantial change in our problems during the year although a gradual increase over the period of twelve months in the number . of cases is observed; this has also meant an increase in the expenditures.
There are some cases due to business conditions in which we found it necessary to supplement the families' budgetary requirements and it also became necessary to aid many cases almost immediately after a person was laid off from their work due to a low wage or the lack of provision for such periods when these cases would be unemployed.
The Town of Norwood has been fortunate in having a diversification of industries thereby not having any great number of cases from any one in- dustry. Cases temporarily laid off from employment, through no fault of their own, usually make every effort to regain their status as employed persons, thereby contributing to the good of the community by maintaining themselves self-supporting.
There are, however, cases receiving aid who make none or little or- ยท ganized effort to become self-supporting prefering to accept the lines of least resistance and assume no responsibility as to themselves or their dependents.
Still another group are not employed because of physical inabilities or age and due to changes in the social and economic structure of the country. These types of cases can be assumed as becoming a permanent liability since many are not old enough or cannot otherwise come under the cate- gorical relief as set up by the Social Security Act.
Throughout the year the members of the Welfare Board made personal visits and did investigating work with respect to cases being aided by the Department.
The Chairman of the Welfare Board, having been appointed Aug. 11, 1938, acts as the selecting agent for the Civilian Conservation Corps (C.C.C.). There were seventeen enrollees sent from Norwood in four
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quotas. The number in each quota is based upon the vacancies that exist in the Corps at the end of each enlistment period.
The Norwood Hospital and physicians throughout this town have been most co-operative. Our hospital care for Welfare recipients increased during the year 1938 and this added to the aggregate cost of our expenses. It is also a fact that there are a great many cases needing hospital carc who are brought to the Norwood Hospital for treatment, generally of an emergency nature, who not having enough financial means to pay for their care become a charge on the Town of Norwood. The Welfare Department has the responsibility of determining who is legally and financially re- sponsible and the necessary measures are taken to obtain payment from the municipalities who are charged with the care of these persons.
The Norwood Board of Public Welfare held during the year 1938 fifty- two regular meetings, six special meetings and one executive meeting.
Tabulated below is a table showing by kinds the monthly case load during 1938.
Aid to De- pendent Children
Tem- porary Aid
Tem- porary Aid Unem- ployment
Board in Family
Institu- tional
Hospital
Total
Jan.
21
34
100
34
6
3
198
Feb.
21
36
100
36
6
2
201
Mar.
24
36
82
32
5
1
180
Apr.
24
36
80
27
5
2
174
May
25
38
80
27
5
2
177
June
24
38
93
34
5
2
196
July
24
32
82
31
5
2
176
Aug.
25
30
87
29
5
2
178
Sept.
26
27
88
29
5
2
177
Oct.
26
27
88
31
6
3
181
Nov.
25
27
91
32
6
2
183
Dec.
25
28
92
30
5
2
182
From the above table it will be noted that there has been an unusual amount of activity with regard to the number of cases handled by the Board of Public Welfare during 1938.
The Aid to Dependent Children group of cases has increased to a new high; this can be attributed to the liberalizing of the law by the legislature.
Among the Temporary Aid group are a number of single persons and the cost per case in caring for this type is more per person than that it would be if these persons were included in a family.
It will be observed that the greatest net changes in the number of cases during the year occurred in the Temporary Aid Unemployment group.
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In this group are those people who have been employed for part time and when laid off from their usual occupation have applied to the Board of Public Welfare. This reflects in some measure the employment con- ditions in Norwood and vicinity in the various industries.
The number of persons receiving Institutional and Chronic Hospital care has been consistent throughout the year. Some of the more numcrous causes for dependency among the types of cases as shown in the previous table who were aided during 1938 are as follows:
Released from jail and no work.
Wage earner injured in accident.
Temporary or seasonal worker.
Loss of Employment through own personal conduct.
Insufficient earnings due to employment conditions.
Loss of employment on account of business conditions.
Sickness needing hospital care.
Deserting husband.
Sickness.
United States Citizen returning from foreign country, no home or work. Death of wage earner.
Loss of employment through age or physical conditions.
The Surplus Food Commodity Division of the Works Progress Ad- ministration continued in operation throughout the year and food and clothing supplies were drawn from the District 2 warehouse located in Quincy, Massachusetts. The Town of Norwood contributed supplies, financial assistance for administration, trucking and storage facilities necessary for the operation of this Division.
The Sewing Project in operation at the Civic Building employing some thirteen (13) women was maintained during the entire year. Clothing made here is shipped to the Quincy, Mass. warehouse from which Norwood's allotment is drawn.
The list of clothing given out by the Commodity Division during 1938 is as follows:
Bloomers (women's and girls') Combinations (women's and girls')
Jackets (women's and girls') Night gowns (women's and girls') Pajamas (men's, women's and children's) Shirts (men's and boys') Skirts (women's and girls') Slips (women's and girls') Towels (hand)
Blouses (girls' and boys') Dresses (women's and girls') Layettes
Overalls (men's and boys') Polo shirts (men's and boys') Shorts (men's and boys')
Sweaters (men's) Sunsuits (children's) Union suits (men's and boys')
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The list of food articles given out by the Surplus Commodity Division during the year 1938 is as follows:
Apples
Pears (canned)
Beans (dried)
Pears (fresh)
Beets (fresh)
Plums (fresh)
Butter
Potatoes (white and sweet)
Cabbage
Potatoe starch
Celery
Prunes Rice
Flour (white and graham)
Fish (fresh)
Tomatoes (fresh)
Lard
Grape-fruit juice (canned)
Oranges
Milk (dry skim)
Expenditures by the Town of Norwood for Aid to Dependent Children and Public Welfare
$85,646.71
Received from Commonwealth as reimbursement for Aid to Dependent Children and Public Welfare $12,194.16
Received from Cities and Towns as reimburse- ments
3,095.37
Received from Individuals as reimbursements 227.23
Total Receipts 15,516.76
From the United States Government received as grants on account of Aid to Dependent Children the sum of
3,771.90
The Board has endeavored to be fair and co-operative with respect to the handling of the problems of the Department having in mind the ex- pense to the taxpaying citizens, feeling that those people needing aid should be adequately provided for when they stand in need of aid and relief.
The Norwood Board of Public Welfare wishes to thank the Selectmen, General Manager Mr. Kendrick, Judge Halloran and Mr. James E. Pen- dergast for their continued co-operation with respect to the Welfare De- partment.
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