USA > Massachusetts > Norfolk County > Randolph > Randolph town reports 1901-1906 > Part 25
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Randolph
Sept.
I
George Rohlfs
9
Exhaustion
Randolph
7
John McLean
62
-
Valvular disease of heart
.
12
Raymond F. Wood
Tubercular meningitis 7 29
Randolph
2I
Mary Ann Chandler
92
3 22
Disease of heart
Weymouth
24
Henry J. G. Burrell
50
S
2.4
Thermic fever
Braintree
24
Samuel H. Francis
62
Oct.
4 Mary E. O'Reilly
. 60
I
20
12
Harold F. Riley
2 12
5
4
Tubercular meningitis
South Braintree
17
Martin P. Pike
85
5
Arterio sclerosis
Upton, Mass.
17
Catherine Bearce
54
Colloid carcinoma
Foxborough
23
James Lyons
80
Hemiplegia
.
26
Walter Mahoney
2
Premature birth
.
Nov.
5
Thomas Fardy
88
Senile bronchitis .
Ireland
23 William J. Fennell
· 30
24
Asthma
Weymouth
30
Samuel B. Beal .
· ST
3 9
Broncho pneumonia
Georgetown, Me.
2
James F. Sullivan
· 39
II 29
Dilatation of heart
Randolph
4 Josiah Clark
89
27
Cerebral hemorrhage, Paralysis
Ireland
18
Catherine O'Brien
67
Acute rheumatism ·
Ireland
22
Mary Malley
48
Cholelithiasis
·
22
Mary C. Hayden
49 7
12
Heart disease
.
24
Charles W. Woodford,
30
Cerebral hemorrhage,
Portland, Me.
25
William Gibbons
72
CLASSIFICATION OF DISEASES.
Edema, nephritis, rupture blood vessel, diphtheria, peritonitis, nervous shock, persistency foramen ovale, stillborn, pleurisy, Bright's disease, neuritis, ulcer of stomach, cirrhosis of liver, exhaustion, thermic fever, rupture transverse colon, infantile atrophy, hemiplegia, bronchitis, asthma, paralysis, cholelithiasis, one each-22.
Consumption, influenza, premature birth, tuberculosis, neurasthenia, enteritis, tumor, fracture of skull, rheumatism, two each-18.
Meningitis, cerebral hemorrhage, three each-6.
Cancer, pneumonia, five each-10.
Old age, six -- 6.
Heart disease, fifteen-15.
Total, 77.
Dec.
2 Eunice Poole
·
77
28 Old age
.
.
Randolph
9
Bernard F. Purcell
61
6
7
Infantile atrophy
.
Randolph
14
Marcella Shea
2
.
Ireland
Randolph
13
William F. Shepard
. 70
Valvular disease of heart .
Ireland
-
·
Ireland
South Braintree
Rheumatisnı
Ireland
.
.
.
Ireland
.
St. John, N.B.
Rupture transverse colon
. Carcinoma of liver
Ireland
23
Fracture of skull
St. John, N.B.
25
Boston
Randolph
INTERMENTS AT RANDOLPH OF PERSONS DYING ELSEWHERE IN 1903.
Date.
Name.
Age.
Place of death.
Y. M . D.
Jan.
S
James F. Sheehan
45 --
18
Annie Lamontine
Boston
20
Bridget E. Gavin
60
Roxbury
24
Sarah A. Clayton
SI
S
IS
Bowe, N.H.
24
Stillborn
Braintree
24
Henry Dugan .
67
S
Braintree
Feb.
I2
George Washington Meader
69
Providence, R.I.
Mar.
25
Minot Leonard
93
3 14
Newton
Apr. 14
Martha L. Tileston
62
5
12
Avon
19
Walter Regan .
7
11 -
Boston
20
Helen J. Belmore
Braintree
24
Charlotte B. Waite
So
2
29
28
Stillborn .
Weymouth
2S
Martha L. Callahan
13
Quincy
May
II
Henry Perkins Niles
70
IO
14
Lynn
14
Catharine Sullivan
61
Holbrook
91
Mary Mullins .
63
Boston
IS
Emma Amelia Robinson
63
Canton
28
Martin V. B. Shaw
66
S
13
Braintree
28
Errol B. Winslow
.
-
3
S
Worcester
June S
Henry Alton Hollis
. 29
5
4
Brockton
15
Patrick Leo Tierney Asa French
73
S
2 Braintree
25
Mary A. Reynolds
47
5
25
Braintree
29
Christine Meighan .
SI
Medfield
July
15
Frederick H. Woodfall
33
S
16
Brockton
16
James McConaty
So
Stoughton
23
James Gogan
Braintree
24
Annie E. Uniac
72
9
26
Brockton
Aug.
7
William H. Eagan
22 -
19
Brockton
17
David N. McDonald
3
6 21
Braintree
24
B. Frances Murphy
30
Boston
26
William H. Wood
68
5
IS
Holbrook
15
Charlotte B. Wilde Arthur J. Leary
35
2
7
Holbrook
Oct.
2
Joseph Fred Novalline
4
Boston
I 2
Harriet Arnold
54
6S
Boston
Nov.
4
13 James E. Cassidy
6
2
20
Braintree
17
Edward T. McCue
39
Brockton
I7
Caleb W. Kimball
29
4
I
Somerville
.23
John Donahoe
S3
S
24
Boston
24
John Cuff
I
Braintree
28
Abraham Jones
90
2
22
Dec.
I
Rena G. Hayden
S
8
Abington
12
Lena Doyle
7
6 -
Holbrook
19
Catherine Tierney
57
-
Holbrook
James Early
Brockton
3º
James A. Crudden
.
40
5
5
Boston
.
.
.
33
-
Salem
.
.
.
26
Boston
23
·
48
Boston
31
Frederick W. Dyer . Andrew Havey
52
East Weymouth
Sept. I3
Cissace Censale
.
19
70
4
S
Boston
21
Braintree
31
Mary E. Crosby Nora J. Leahan
3S
Braintree
.
.
IO
.
.
40
·
Avon
·
74
Canton
9
Braintree
169
Should any person discover an error in the preceding records, he will confer a favor by notifying the Town Clerk, that correction may be made.
The Town Clerk hereby gives notice in compliance with Section 16, Chapter 29 of the Revised Laws, that he is prepared to furnish to parents, householders, physicians and midwives applying therefor, blanks for returns as required by law.
JOSEPH T. LEAHY, Town Clerk.
170
DECREE FOR INJUNCTION AFFIRMED.
As there appears to be a misconception of the relations of the Selectmen of a town in the matter of granting locations to street railways, it may be well here to remark that they act not as agents of the town, but as public officers specially designated by the law-making power for that purpose.
That the citizens of the town may have a better under- standing of the powers and duties of Selectmen, and citizens generally, in relation to the granting of locations to street railways, it has been deemed best to incorporate in this re- port the recent decision of the Supreme Judicial Court.
John T. Flood and others vs. Joseph T. Leahy and others. Norfolk. December 3, 4, 1902- April 2, 1903.
Present : Knowlton, C. J., Morton, Lathrop, Barker and Hammond, J.J.
Petition filed September 3, 1902, etc.
Municipal corporations. In granting a location to a street railway company, the selectmen of a town act not as agents of the town, but as public officers, and are not bound to fol- low instructions as to conditions to be imposed in granting the location contained in a vote passed at a town meeting.
A town has no authority to borrow money for the purpose of paying counsel in order to procure the insertion of condi- tions in the grant of a location by the selectmen of the town to a street railway company relative to the residence and wages of laborers to be employed by the company or the rate of fare for passengers in general.
171
A vote of a town to borrow money for the purpose of pay- ing counsel to procure the insertion of conditions in the grant of a location by the selectmen of the town to a street rail- way company in regard to matters in some of which the town can have no corporate interest, is wholly void, although other of the conditions sought to be imposed by the same scheme may relate to matters in which the town may have a corpo- rate interest.
Whether a town can raise money for the purpose of pay- ing counsel to procure the insertion of conditions in the grant of a location by the selectmen of the town to a street railway company in regard to matters affecting the corporate interest of the town, such as the expense of keeping the streets in repair, quaere.
FLOOD vs. LEAHY.
Hammond, J. The power of a town to raise money by taxation is not commensurate with the power to tax which is conferred by the Constitution upon the Legislature. It is entirely a creature of Statute, including only so much of the general power as the Legislature delegates to the town. The only question raised in this case is whether the purpose for which the money was to be expended was a "necessary charge " within the meaning of the last clause of R. L., C. 25, S. 15. This clause has been called many times to the at- tention of the Court, and its general scope has been quite clearly outlined.
So far as material to this case, towns are to be considered as quasi corporations with limited powers coextensive with the duties imposed upon them by the Statute or usage. In Vincent v. Nantucket, 12 Cush. 103, this Court, speaking through Merrick, J., said : "Their contracts will be valid when made in relation to objects concerning which they have a duty to perform, and interest to protect, or a right to de-
172
fend. But here is at once the extent of their right and their power. They cannot engage in enterprises foreign to the purposes for which they were incorporated, nor assume re- sponsibilities which involve undertakings not within the compass of their corporate powers." The Statute in question has been construed in consonance with these general prin- ciples. See among other cases, Stetson v. Kempton, 13 Mass. 272; Parsons v. Goshen, 11 Pick. 396; Minot v. Roxbury, 112 Mass. 1, in which cases the action of the town was declared illegal ; and Woodbury v. Hamilton, 6 Pick. 101 ; Allen v. Taunton, 19 Pick. 485 ; Curran v. Holliston, 130 Mass. 272, and Dunn v. Framingham, 132 Mass. 436, in which the action was declared legal.
It is to be noted that the duty, right or interest must be corporate, as distinguished from the individual duty, right or interest of the inhabitants of the town. No matter how important or general these individual rights or duties are, they do not thereby become corporate within the meaning of the rule. There can be no doubt, for instance, that, in the case of a threatened incursion of an enemy in the time of war, it would be of the highest importance to the individ- ual interests of the inhabitants that proper steps should be taken for defence, and yet it was held in Stetson v. Kempton, ubi supra, that, there being no corporate duty resting upon the town to provide for the defence, it could not lawfully raise money by taxation for that purpose.
The cases of Vincent v. Nantucket, ubi supra, and Fuller v. Groton, 11 Gray, 340, when contrasted with each other furnish a good illustration of the application of the rule which has been followed in construing the Statute. In the first case it was held that the town was not bound by its corpor- ate vote to pay the expenses incurred by a field driver in defending a suit brought against him for taking up and im- pounding cattle running at large contrary to law. The
173
ground of the decision was that " in relation to field drivers the whole corporate power of a town is exercised and ex- hausted in their election. It has afterwards no guardian- ship, control or authority over them, and they are not acting in relation to any corporate duty imposed upon the town." In the second case, an appropriation by a town to pay the expenses incurred by members of the school committee in defending a suit against them for an alleged libel contained in their annual report was held valid, upon the ground that there was imposed upon the town the corporate duty to raise money for the support of the schools, to choose a committee to superintend them, and through the committee to make an annual report of their condition.
In proceeding to apply these principles to the vote in question, it becomes necessary to see what is a fair interpre- tation of it when taken in connection with the other votes passed at the same meeting upon the same general subject, and also to see whether, as thus interpretated, it relates to a matter as to which the town in its corporate capacity has a right, duty or interest. There were three votes. The first was that " in addition to statutory requirements the Select- men be instructed to insert in any franchise or location that may be granted upon any petition of the Old Colony Street Railway Company " certain conditions thereinafter particu- larly enumerated. The condition prescribed the size and weight of the rail upon which the street car was to be run, the portion of the street and gutter to be paved by the rail- way company and the kind of paving stone to be used, and required that the remaining portion of the street should be macadamized by the company. Further conditions to be imposed were that "laborers resident in the town and citi- zens owning teams shall be employed in the work in prefer- ence to any others, and the hours of labor and the wages therefor shall conform to the standard established by vote of
174
the town at its annual town meeting "; and that there should be " one fare of five cents from any point in Randolph to any point in Brockton." The second vote provided for the ap- pointment of "a committee of five to confer with the Board of Selectmen or independently attend upon any Board, Court or other tribunal to represent the town upon all questions of franchises, tracks or locations that heretofore have or here- after may be granted to or made with any street railway company, its officers, servants or agents, or any person that may have been appointed in place of said street railway com- pany, its officers, servants or agents," and authorized the committee to employ counsel. The third vote instructed the treasurer to borrow $300 "to carry into effect " the second vote. All these votes were passed at a special town meet- ing held in the month of August, and they suggest the ex- istence of a disinclination of many people in the town to trust the subject to the discretion and action of the select- men. The purpose was to have the conditions named in the first vote annexed to grants of street railway locations, to attain its purpose if possible by so-called instructions to the selectmen, or by a conference between these officers and the committee appointed under the second vote, and, if these methods failed, then by the independent action on the part of the committee aided, if necessary, by counsel. This money was to be expended in carrying out this general scheme. Of course the selectmen were not bound to follow the instructions contained in the first vote. In the matter of granting locations they act not as agents of the town but as public officers specially designated by the law-making power for that purpose. It is plain that in the matter of several of the conditions the town has no corporate interest whatever, for instance, those relating to the residence and wages of the laborers to be employed and to the rate of fare for the passengers in general. If it be said that the town
175
may have a corporate interest in some other of the ques- tions involved in the granting of the locations, as, for in- stance, where the expense of keeping the streets in repair may be affected by the conditions which may be lawfully imposed, and that therefor it may raise money to protect its interest, a question upon which we need not now express an opinion, the reply is that, even if that he true, it is plain that the money was to be used to carry out the scheme as a whole, and the authority to borrow being granted as a whole, and there being no way of separating the valid from the in- valid, the whole vote must be declared invalid.
Decree affirmed.
177
TOWN MEETING WARRANT.
COMMONWEALTH OF MASSACHUSETTS.
NORFOLK, SS.
To either of the Constables of the Town of Randolph,
GREETING :
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Randolph, qualified to vote in town affairs, to assemble at Stetson Hall, in said town, on Monday, the seventh day of March next, at six o'clock in the forenoon, then and there to act on the following articles, namely :
Article 1. To choose a Moderator to preside at said meet- ing.
Art. 2. To choose all such town officers as are required by law to be chosen by ballot ; also on the same ballot to vote "Yes " or "No " in answer to the question, " Shall license for the sale of intoxicating liquors be granted in this town ?"
Art. 3. To choose all such town officers as are not required by law to be chosen by ballot.
Art. 4. To hear the reports of the town officers, and act thereon.
Art. 5. To raise such sums of money as may be deemed necessary for the support of schools, and appropriate the same.
Art. 6. To raise money to defray the general town ex- penses for the current year, and appropriate the same.
178
Art. 7. To raise money for the repairs of highways and determine the manner of expending the same.
Art. 8. To see what sum of money the town will raise and appropriate for lighting the streets by electricity.
Art. 9. To see if the town will vote to pay the insurance on the Town Treasurer's bond for the year 1903-1904, and raise and appropriate money therefor.
Art. 10. To see if the town will authorize the Treasurer, with the approval of the Selectmen, to borrow money tem- porarily in anticipation of taxes of the present municipal year, and fix the amount he is authorized to borrow.
Art. 11. To see what compensation the town will allow for the collection of taxes.
Art. 12. To see what action the town will take in relation to medical attendance on the poor, and raise and appropri- ate money therefor.
Art. 13. To see if the town will instruct the Selectmen to appoint special officers to enforce the laws, and raise and appropriate money for the payment of such officers.
Art. 14. To see if the town will raise and appropriate money to pay for the insurance on the Turner Free Library building.
Art. 15. To see if the town will vote to place a fire alarm box on High street at its junction with Canton street, and raise and appropriate money therefor.
Art. 16. To see what sum of money the town will raise and contribute to the sinking fund as required by law to meet the payments of the Randolph water loan.
Art. 17. To see what sum of money the town will raise and appropriate for water for hydrants, street service, pub- lic buildings, drinking fountains and cemeteries.
Art. 18. To see what action the town will take in relation to the Fire Department, and raise and appropriate money therefor.
179
Art. 19. To see if the town will make appropriation for the decoration of soldiers' graves under the direction of Capt. Horace Niles Post, 110, G. A. R.
Art. 20. To see if the town will authorize the Treasurer, with the approval of the Selectmen, to issue notes of the town to replace those now outstanding, the same to be re- funded upon such terms as they deem most favorable to the town.
Art. 21. To see if the town will raise money to convey pupils to and from the public schools in such cases as the School Board may deem expedient.
Art. 22. To see if the town will vote to place additional lights on Allen street, and raise and appropriate money for the same.
Art. 23. To see if the town will authorize the Collector of Taxes to charge interest at the rate of six per cent. per annum on all taxes remaining unpaid on and after October 10, 1904.
Art. 24. To see if the town will authorize the Collector of Taxes to use the same means which a town treasurer may use when acting as collector.
Art. 25. To see if the town will accept the list of jurors as prepared by the Selectmen, and published in the town report as required by law.
Art. 26. To see if the town will authorize and appoint the Selectmen to be the agents and attorneys for the town; to prosecute, defend, compromise and settle any and all suits and proceedings in which 'the town may be in any manner interested as a party or otherwise, for the ensuing year, ex- cept so far as the same relates in any way to the water supply.
Art. 27. To see if the town will authorize and appoint the Water Commissioners to be the agents and attorneys for the town ; to prosecute, defend, compromise and settle any and all suits and proceedings in which the town may be interested
180
as a party or otherwise, so far as the same in any manner relates to the taking of the waters of Great Pond, or in the construction of the water works, either jointly or separately, as authorized under Chapter 217 of the Acts of 1885, and to employ counsel if necessary.
Art. 28. To see if the town will vote to instruct the Water Commissioners to extend the water main from its present terminus on Cross street to the residence of James Gibson on Grove street, and make provision for the pay- ment of the same, as petitioned for by Peter M. Gibson and others.
Art. 29. To see if the town will vote to build an addition to the North Grammar School as recommended by the School Committee, and raise and appropriate money for the same.
Art. 30. To see what action the town will take in relation to the pay of laborers employed by the town.'
Art. 31. To see what action the town will take in relation to the care of clocks in the spires of the Congregational and First Baptist Churches, and raise and appropriate money for the same.
Art. 32. To see if the town will vote to build in addition to the Stetson Hall building for the accommodation of the Stetson High School, as recommended by the trustees, and raise and appropriate money for the same.
Art. 33. To see if the town will vote to instruct the Water Commissioners to extend the water main from Oakland Cem- etery along Oak street to the residence of Weston L. Mann, on said Oak street, and make provision for the payment of the same, as petitioned for by Weston L. Mann and others.
Art. 34. To see if the town will vote to make repairs on the almshouse, and raise and appropriate money for the same.
Art. 35. To see if the town will vote to put in sprinkler hydrants, and raise and appropriate money for the same.
Art. 36. To see if the town will yote to accept the pro-
181
visions of Chapter 25, Section 22, of the Revised Laws, being an act empowering towns to provide for the watering of streets.
Art. 37. To hear and act on the report of any committee, and choose any committee the town may think proper.
The polls will be opened at 6 o'clock A.M., and remain open four hours and such longer time as the voters may determine.
And you are directed to serve this warrant by posting attested copies hereof at five or more public places in said town, seven days at least before the time of holding said meeting, and by publishing the same in the " Randolph Register and Holbrook News," a newspaper published at said Randolph.
Hereof fail not, but make due return of this warrant, with your doings thereon, to the Town Clerk, before the time of holding said meeting.
Given under our hands at Randolph this twenty-third day of February A.D. one thousand nine hundred and four.
PATRICK H. MCLAUGHLIN, GEORGE H. EDDY, CHARLES H. THAYER,
Selectmen of Randolph.
INDEX.
Page
Abatement of Taxes
27
Almshouse Expenses
28
Almshouse and Town Farm
31
Appropriations
4
Auditors' Reports
38, 115, 124, 127, 135
Births
164, 165
Board of Health
27
Burial of Indigent Soldiers
23
Care of Clocks
22
Cash Received by the Selectmen
38
County Tax
27
Decoration of Soldiers' Graves
26
Decree for Injunction Affirmed
170-175 .
Deaths .
166, 167
Expenditures, 1903
6
Estimates of Expenses for 1904
39
Estimate, Value of Property
5
Fire Department, Report of
100-106
Highways
10
Insurance Bond
26
Interest on Town Debt
25
List of Town Town Officers
2
List of Jurors
40
Lockup .
21
Marriages
161-163
Medical Attendance
37
Military Aid .
24
Miscellaneous Expenses
17
Overseers of the Poor, Report of
28-38
Persons Supported in Almshouse, 1903
30
Poor Out of Almshouse
34
Poor of Other Towns
36
Recapitulation
7
Recording Births, Marriages, Deaths and Court Fees
21
2
Report of Selectmen and Assessors
3
Soldiers' Relief
23
Soldiers' Relief, Military Settlement in Randolph and Holbrook, Schools .
24 22
School Committee, Report of
50-57
Special Police
25
Statement of Cash Received by Selectmen
38
Stetson High School
23
Stetson School Fund, Report of Trustees
58-62
State Aid
25
State Tax
27
Street Lighting
21
Superintendent of Schools, Report of
63-99
Town Officers, Pay of
19
Transportation of Pupils
22
Treasurer, Report of
. 128-135
Tree Warden
26
Turner Free Library, Trustees' Report
42-48
Turner Free Library, Report of Treasurer
.
48, 49
Town Clerk's Report
137-169 .
Town Meeting Warrant
177
Valuation
3
Water Commissioners
107-127 .
Water Loan Sinking Fund
125-127
Water Works
.
25
RANDOLPH
NAO.L
TOWN REPORT
1904
SIXTY-NINTH ANNUAL REPORT
OF THE
SELECTMEN, ASSESSORS, OVERSEERS OF THE POOR, SUPERINTENDING SCHOOL COMMITTEE, ENGINEERS OF THE FIRE DEPARTMENT, SUPERINTENDENT OF STREETS, BOARD OF HEALTH, TOWN CLERK AND TREASURER
OF THE
TOWN OF RANDOLPH,
TOGETHER WITH
THE REPORTS OF THE TRUSTEES OF THE STETSON SCHOOL FUND, THE TRUSTEES OF THE TURNER FREE LIBRARY, AND OF THE WATER COMMISSIONERS,
FOR THE
YEAR ENDING DECEMBER 31, 1904.
RANDOLPH, MASS. PRINTED FOR TOWN OF RANDOLPH. 1905.
MAY 1 4 1963
TOWN OFFICERS FOR YEAR 1904-1905.
SELECTMEN, ASSESSORS AND OVERSEERS OF POOR. WINTHROP B. ATHERTON. CHARLES H. THAYER. JOHN E. MCDONALD.
TOWN CLERK AND TREASURER. JOSEPH T. LEAHY.
SCHOOL COMMITTEE.
JOHN E. MCDONALD
Term expires 1905
ROYAL T. MANN
Term expires 1906
REDMOND P. BARRETT
Term expires 1907
SUPERINTENDENT OF SCHOOLS, JOHN E. BRADLEY, D.D.
TRUSTEES OF STETSON HIGH SCHOOL.
JOHN E. MCDONALD
Term expires 1905
ROYAL T. MANN
Term expires 1906
REDMOND P. BARRETT .
Term expires 1907
WATER COMMISSIONERS.
JAMES B. MCDONALD Term expires 1905 A. HOWARD HOLBROOK . Term expires 1906
D. B. WHITE .
Term expires 1907
AUDITORS.
JEREMIAH J. DESMOND.
MICHAEL F. CUNNINGHAM.
JOHN B. WREN.
CONSTABLES.
THOMAS FARRELL.
EDWIN FOREST KNIGHT.
JOSEPH H. FOSTER.
FRANK W. HARRIS. MICHAEL F. SULLIVAN. FRANK J. DONAHOE.
TAX COLLECTOR. ARTHUR W. ALDEN.
CHARLES H. COLE.
EDWIN M. MANN.
JAMES RILEY.
JAMES FARDY.
REGISTRARS OF VOTERS. HERBERT W. PRATT. JOSEPH T. LEAHY.
OTIS L. SOULE.
ENGINEERS OF FIRE DEPARTMENT.
CHARLES A. WALES, Chief. WILLIAM A. CROAK, Clerk. JAMES E. BLANCHE. DANIEL J. BRENNAN. JAMES W. FARRELL.
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