Report of the city of Somerville 1843-1859, Part 18

Author: Somerville (Mass.)
Publication date: 1859
Publisher: Somerville, Mass.
Number of Pages: 724


USA > Massachusetts > Middlesex County > Somerville > Report of the city of Somerville 1843-1859 > Part 18


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the vote, the Chair, without further debate upon the question, shall require the members voting in the affirmative and negative respectively to rise and stand until they are counted, and he shall declare the result; but no such declaration shall be made unless a quorum of the Board has voted.


SECT. 3. When the Mayor shall desire to vacate the chair he may call any member to it; but such substitution shall not continue beyond an adjourn- ment.


SECT. 4. On all questions and motions the Chair shall take the sense of the Board by yeas and nays, provided any two members present shall so require.


SEOT. 5. The Chair shall propound all questions in the order in which they are moved, unless the sub- sequent motion shall be previous in its nature; except that in naming sums and fixing times the smallest sum and the longest time shall be first put; and when a motion is made to refer any subject, and different committees are proposed, the question shall be taken in the following order: -


1. To a Standing Committee of the Board.


2. To a Select Committee of the Board.


3. To a Joint Standing Committee.


4. To a Joint Select Committee.


SECT. 6. After a motion is stated or read by the


133


RULES AND ORDERS.


Chair it shall be deemed to be in possession of the Board, and shall be disposed of by vote; but the mover may withdraw it at any time before a decision or amendment, by unanimous consent.


SECT. 7. When a question is under debate, the Chair shall receive no motion, but to adjourn-to lay on the table-the previous question-to postpone to a day certain - to commit-to amend - or to post- pone indefinitely; which several motions shall have precedence in the order in which they stand arranged, and the first three shall be decided without debate.


He shall put the previous question in the following form: "Shall the main question be now put ?" -and all further amendments or debate of the main ques- tion shall be suspended until the previous question be decided.


SECT. 8. When two or more members rise at the same time the Chair shall name the member who is first to speak.


ARTICLE II.


Rights and Duties of Members.


SECTION 1. Every member when about to speak shall rise and respectfully address the Chair; shall confine himself to the question under debate, and avoid personalities.


134


MUNICIPAL REGISTER.


SECT. 2. No member speaking shall be interrupted by another but by rising to a call to order, or for explanation.


SECT. 3. No member shall be permitted to vote on any question, or serve on any committee, where his private interest is immediately concerned, dis- tinct from that of the public; and every member, except as above, who shall be in the Board when a question is put, shall rote, unless the Board for special reasons excuse him.


SECT. 4. A question having been taken, it shall be in order for any member voting with the majority to move a reconsideration thereof, at the same meet- ing, or at the succeeding meeting, provided the sub- ject of the vote shall not have passed out of the custody of the Board; but no more than one motion for the reconsideration of any vote shall be enter- tained.


ARTICLE III.


Order of Business.


SECTION 1. At every regular meeting of the Board the order of business shall be as follows: -


1. Reading of the Journal.


2. Communications from His Honor the Mayor.


3. Papers from the Common Council.


135


RULES AND ORDERS.


4. Communications and Reports from City Offi- 1 cers.


5. Presentation of Petitions, Memorials, and Re- monstrances.


6. Reports of Committees.


7. Unfinished business of preceding meetings.


8. Motions, Orders, or Resolutions.


The above order of business shall not be departed from, except by vote of a majority of the members of the Board present.


SECT. 2. All petitions, memorials, or remon- strances addressed to the Board shall be presented by the Chair, or by a member in his place, who shall explain the subject thereof, and they shall lie on the table, to be taken up in the order in which they are presented, unless the Board shall otherwise direct.


SECT. 3. All petitions for appointments that are made upon nomination of the Mayor and confirmation of the Board shall, when received, be referred to the Mayor without debate,


SECT. 4. No petition for a license to move a building through any public street, square, or place in the City shall be acted on until the petitioner shall have filed with the City Clerk a certificate in writing signed by one of the Aldermen of the Ward in which the building is situated, giving the dimen- sions of the building, the names of the streets, squares, or places through which it is proposed to be moved, and the opinion of the Alderman signing


136


MUNICIPAL REGISTER.


the certificate, as to the feasibility of the proposed . removal being made without injury to public or pri- vate property.


ARTICLE IV. Committees.


SECTION 1. There shall be appointed, as soon after the organization of the Board as may be convenient, Standing Committees, as follows: -


1. A Committee on Police, to consist of the Mayor and two Aldermen.


2. A Committee on Elections and Returns, to con- sist of two Aldermen.


3. A Committee on Enrolled Ordinances and Res- olutions, to consist of two Aldermen.


4. A Committee on Drains and Sewers, to consist of three Aldermen.


5. A Committee on Licenses, to consist of two Aldermen.


6. A Committee on Health, to consist of three Aldermen.


7. Such Committees on the part of this Board as may be required by the Joint Rules and Orders of the City Council.


ARTICLE V. Ordinances, Orders, etc.


SECTION 1. Every Ordinance shall pass through the following stages before it shall be considered as


137


RULES AND ORDERS.


. having received the final action of this Board, viz. First Reading; Second Reading; Passage to be En- rolled; Passage to be Ordained. Every joint resolu- tion shall have two several readings before the question shall be taken on its final passage; and any Ordinance may be rejected at either stage in its progress, but shall not pass through all its stages in one day.


SECT. 2. All orders and resolutions authorizing the levying of a tax or the expenditure of money shall have two several readings before they shall be finally passed; and no order or resolution authorizing a loan shall have more than one reading on the same day; provided, however, that nothing herein contained shall prevent the passage of an order at any meeting of the Board to authorize the printing of any document relating to the affairs of the City.


ARTICLE VI.


Duties of the Clerk.


SECTION 1. In the absence of the Mayor, the Clerk (and in his absence, the senior member pres- ent) shall call the Board to order and preside until a Chairman shall be chosen.


The Clerk shall attend and keep the records of all meetings of the Board; shall also record the names of the members present, and shall have the care and custody of the City Records, and of all documents, maps, plans, and papers, respecting the care and


138


MUNICIPAL REGISTER.


custody of which no other provision is made. [Sec City Charter, Sect. 15.]


ARTICLE VII.


Alteration, Repeal, or Suspension of Rules and Orders.


SECTION 1. No standing rule or order of the Board shall be suspended unless three fourths of the members present shall consent thereto; nor shall any rule or order be repealed or amended without one day's notice being given of the motion thereof, nor unless a majority of the whole Board shall concur therein.


RULES AND ORDERS


OF THE


COMMON COUNCIL.


ARTICLE I.


Meetings, Quorums, Proceedings, etc.


SECTION 1. At all meetings of the Council, whether by adjournment or by call of the Mayor, a majority shall constitute a quorum for the transac- tion of business. [City Charter, Sect. 2.]


SECT. 2. The President shall take the Chair at the hour to which the Council shall have adjourned; shall call the members to order; and, on the appear- ance of a quorum, shall cause the minutes of the pre- ceding meeting to be read, and proceed to business. In the absence of the President, any member present may call the Council to order, and preside until a President pro tempore shall be chosen by ballot. If, upon a ballot for President pro tempore, no member shall receive a majority of the votes, the Council shall procced to a second ballot, in which a plurality of votes shall prevail.


140


MUNICIPAL REGISTER.


He shall preserve decorum and order; may speak to points of order in preference to other members; and shall decide all questions of order, subject to an appeal to the Council, by motion regularly seconded, and no other business shall be in order till the ques- tion on the appeal shall have been decided.


He shall declare all votes; but if any member rises to doubt a vote, the President shall cause a return of the members voting in the affirmative and in the negative, without further debate on the question.


He may address the Council, put a question, or read sitting.


SECT. 3. The President may call any member to the Chair, provided such substitution shall not con- tinue longer than one meeting. When the Council shall determine to go into committee of the whole, the President shall appoint the member who shall take the chair. The President may express his opinion on any subject under debate; but in such case he shall leave the chair, and appoint some other member to take it. But the President may state facts, and give his opinion on questions of order, without leaving his place.


SEOT. 4. On all questions and motions, the Presi- dent shall take the sense of the Council by yeas and nays, provided any two members present shall so require. In all cases the President may vote.


SECT. 5. The President shall propound all ques-


141


RULES AND ORDERS.


tions in the order in which they are moved, unless the subsequent motion shall be previous in its nature ; except that in naming sums and affixing times the smallest sum and the longest time shall be first put; and when a motion is made to refer any subject, and different Committees are proposed, the question shall be taken in the following order: -


1. A Standing Committee of the Council.


2. A Select Committee of the Council.


3. A Joint Standing Committee.


4. A Joint Select Committee.


SECT. 6. After a motion is stated or read by the President, it shall be deemed to be in possession of the Council, and shall be disposed of by vote; but the mover may withdraw it at any time before a decision or amendment, by unanimous consent.


SECT. 7. The President shall consider a motion to adjourn as always in order, except upon an imme- diate repetition, and when a question is under debate, he shall receive no motion, but to adjourn -to lay on the table - the previous question - to postpone to a day certain - to commit -to amend, or to postpone indefinitely; which several motions shall have precedence in the order in which they stand arranged, and the first three shall be decided without debate.


He shall put the previous question in the following form: " Shall the main question be now put? " and all debate upon the main question shall be suspended


142


MUNICIPAL REGISTER.


until the previous question shall be decided. After the adoption of the previous question, the sense of the Council shall forthwith be taken upon amend- ments, reported by a Committee, upon all pending amendments, and then upon the main question.


SECT. 8. When two or more members happen to rise at once, the President shall name the member who is first to speak.


SECT. 9. All incidental questions of order, arising after a motion has been made for the previous ques- tion, shall be decided without debate, except an appeal; and on such appeal, no member shall be allowed to speak more than once without leave of the Council.


SECT. 10. All Committees shall be appointed and announced by the President, unless otherwise pro- vided for, or specially directed by the Council.


ARTICLE II.


Rights and Duties of Members.


SECTION 1. When a member is about to speak in debate, or deliver any matter to the Council, he shall rise in his place and respectfully address the presid- ing officer; shall confine himself to the question under debate, and avoid personality. He shall sit down as soon as he has done speaking. No member


143


RULES AND ORDERS.


shall speak or vote out of his place without leave of the President. No member in debate shall mention another member by name; but may describe him by the Ward he represents, or by such other designa- tion as may be intelligible and respectful.


SECT. 2. No member speaking shall be inter- rupted by another, but by rising to call to order, or for explanation.


SECT. 3. Every member who shall be present when a question is put, where he is not excluded by interest, shall give his vote, unless the Council, for special reasons, shall excuse him; application to be so excused on any question must be made before the Council is divided, or before the calling of the yeas and nays, and such application shall be accompanied by a brief statement of the reasons, and shall be decided without debate.


SECT. 4. When a vote has passed, it shall be in order for any member of the majority to move for a reconsideration thereof, at the same or succeeding meeting; but if the motion to reconsider be not made till the next meeting, the subject shall not be recon- sidered unless a majority of the whole Council shall vote therefor. And no more than one motion for the reconsideration of any vote shall be permitted.


SECT. 5. No member shall speak to the same question more than once until all other members choosing to speak, shall have spoken.


144


MUNICIPAL REGISTER.


SECT. 6. Every motion shall be reduced to writ- ing, if the President direct, or if any member of the Council request it.


SECT. 7. No member shall be permitted to stand up, to the interruption of another, while any member is speaking, or to pass unnecessarily between the President and the person speaking.


SECT. 8. The division of a question may be called for, when the sense will admit of it.


SECT. 9. When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by a vote of the Council.


SECT. 10. Every member shall take notice of the day and hour to which the Council may stand adjourned, and shall give his punctual attendance accordingly.


SECT. 11. The seats of the members of the Council shall be numbered, and shall be determined, in the presence of the Council, by drawing the names of members, and the number of seats, simultaneously ; and each member shall be entitled for the year to the seat bearing the number so drawn against his name, and shall not change it, except by permission of the President.


SECT. 12. The members of the Council shall not


145


RULES AND ORDERS.


leave their places on adjournment until the President shall declare the Council adjourned.


ARTICLE III.


Order of Business.


SECTION 1. At every regular meeting of the Council, the order of business shall be as follows: -


1. Reading of the Journal.


2. Papers from the Board of Aldermen.


3. Communications and Reports from City Offi- cers.


4. Presentation of Petitions, Remonstrances, and Memorials.


5. Reports of Committees.


6. Unfinished business of preceding meetings.


7. Motions, Orders, or Resolutions.


The above order of business shall not be departed from, except by a vote of a majority of the members present.


SECT. 2. All papers addressed to the Council shall be presented by the President, or a member in his place; and shall be read by the President, Clerk, or such other person as the President may request; and shall be taken up in the order in which they are presented, except when the Council shall other- wise determine.


10


146


MUNICIPAL REGISTER.


SECT. 3. In all elections by ballot on the part of the Council, the number of blanks and ballots for ineligible persons shall be reported, but shall not be counted in the returns.


SECT. 4. All salary officers shall be voted for by written ballot.


ARTICLE IV.


Committees.


SECTION 1. Standing Committees of the Council shall be appointed as follows: -


1. On Elections and Returns, to consist of three members.


2. On Enrolled Ordinances and Resolutions, - to consist of three members.


3. Such Committees on the part of the Council as may be required by the Joint Rules and Orders of the City Council.


SECT. 2. It shall be the duty of all Standing Com- mittees of the Council, to keep records of all their doings, in books provided for that purpose by the Clerk; and it shall be the duty of the Clerk to attend the meetings of said Committees, and make said records, when requested so to do.


SECT. 3. No Committee shall sit, during the sit- ting of the Council, without special leave.


147


RULES AND ORDERS.


SECT. 4. The rules of proceeding in Council shall be observed in Committee of the whole, so far as they may be applicable, excepting the rules limiting the times of speaking.


SECT. 5. When Committees of the Council chosen by ballot, or Committees consisting of one or more members from each ward, have been appointed or elected, whether joint or otherwise, the first meeting thereof shall be notified by the Clerk, by direction of the President; and they shall organize by the choice of Chairman, and report to the Council; and when Committees, other than as above specified, are nomi- nated by the President, the person first named shall be Chairman; and in case of the absence of the Chair- man, the Committee shall have power to appoint a Chairman, pro tempore.


SECT. 6. All special Committees, unless otherwise ordered, shall consist of three members - and no report shall be received from any committee, unless the subject thereof shall have been considered in Committee assembled.


SECT. 7. It shall be the duty of the Committee, to whom any subject may be specially referred, to report thereon within four weeks from the time said subject is referred to them, or ask for further time.


148


MUNICIPAL REGISTER.


ARTICLE V.


Ordinances, Orders, etc.


SECTION 1. Every Ordinance shall pass through the following stages before it shall be considered as having received the final action of this Board, viz. First Reading; Second Reading; Passage to be En- rolled; Passage to be ordained; every joint resolu- tion shall have two several readings before the ques- tion shall be taken on its final passage; and any Ordinance may be rejected at either stage in its prog- ress, but shall not pass through all its stages in one day.


SECT. 2. All orders and resolutions authorizing the levying of a tax or the expending of money shall have two several readings before they shall be finally passed; and no order or resolution authorizing a loan shall have more than one reading on the same day; provided, however, that nothing herein contained shall prevent the passage of an order at any meeting of the Board to authorize the printing of any document relating to the affairs of the city.


ARTICLE VI. Duties of the Clerk.


SECTION 1. The Clerk shall keep brief minutes of the votes and proceeding of the Council, - enter-


149


RULES AND ORDERS.


ing on the journal all accepted orders and resolu- tions; shall notice reports, memorials, aad other papers submitted to the Council, only by their titles, or by a brief description of their purport; but all accepted reports from Special Committees of this Board shall be entered at length, in a separate jour- nal to be kept for that purpose, and provided with an index. He shall also record the names of the members present at each meeting.


SECT. 2. All messages to the Mayor and Alder- men shall be drawn up by the Clerk, and sent by a messenger.


ARTICLE VII.


Alteration, Repeal, or Suspension of Rules and Orders.


SECTION 1. No standing rule or order of the Council shall be suspended, unless three fourths of the members present shall consent thereto; nor shall any rule or order be repealed or amended, without one day's notice being given of the motion therefor, nor unless a majority of the whole Council shall con- cur therein.


CITY GOVERNMENT FOR 1875.


WM. H. FURBER, Mayor.


ALDERMEN. Ward 1.


E. A. CURTIS, C. G. ROWELL.


Ward 2.


CLARK BENNETT,


R. L. SPEAR.


Ward 3.


J. T. GLINES,


S. LITTLEFIELD. Ward 4.


T. H. LORD, JOHN HARRINGTON.


COMMON COUNCIL. S. M. PENNOCK, President. Ward 1.


H. R. BISHOP, MARK LAIGHTON,


RICHARD E. NICKERSON,


J. MCCARTHY.


Ward 2.


Q. A. VINAL, WMr. H. GRANT,


JAMES LONG, DOUGLAS FRAZAR.


151


CITY GOVERNMENT.


Ward 3.


STEWART FRENCH, S. M. PENNOCK,


B. P. LOVEJOY, C. W. SAWYER.


Ward 4.


J. B. DAVID,


E. S. POTTER,


W. A. MUZZEY, J. C. NICHOLS.


CHAS. E. GILMAN, City Clerk.


AARON SARGENT, City Treasurer.


JAIRUS MANN, City Messenger.


CHARLES D. ELLIOT, City Engineer.


CITY GOVERNMENT FOR 1876.


AUSTIN BELKNAP, Mayor.


ALDERMEN.


Ward 1.


RICHARD E. NICKERSON, JOHN F. COLE.


Ward 2.


GEO. A. BRUCE, PATRICK RAFFERTY. Ward 3.


JACOB T. GLINES, CHAS. W. SAWYER. Ward 4. JAMES B DAVID.


JOHN HARRINGTON,


COMMON COUNCIL.


OLIVER J. DAVIS, GEO. H. CROSBY,


S. H. LIBBY, President. Ward 1. I. PRESTON LOVERING, ALONZO BOWERS. Ward 2.


QUINCY A. VINAL, JAMES LONG, RUDOLPH KRAMER.


GEO. W. TREFREN,


153


CITY GOVERNMENT.


Ward 3.


GEO. C. SKILTON,


JOHN R. CONANT,


AMOS M. ANGIER, WALTER S. BARNES.


Ward 4.


CHAS. A. MORGAN,


WM. A. MUZZEY,


JOHN C. NICHOLS, S. H. LIBBY. SOLOMON DAVIS, Clerk.


AARON SARGENT, City Treasurer and Collector. CHARLES E. GILMAN, City Clerk.


SOLOMON DAVIS, Clerk Common Council. City Messenger. City Engineer.


SOMERVILLE POLICE COURT.


ISAAC STORY, Justice.


Associate Justices.


A. R. BROWN, GEO. A. BRUCE. LEBBEUS STETSON, Clerk.


BOUNDARIES OF WARDS.


WARD ONE.


Beginning at the Cambridge city line on Medford street, thence by the centre of Medford street to Cross street, thence by the centre of Cross street to Broadway, thence across the marsh to the Everett town line on Mystic river, and thence by the Everett, Charlestown, and Cambridge boundary lines, to the point of beginning.


WARD TWO.


Beginning at the Cambridge city line on Medford street, thence by the centre of Medford street to Highland avenue, thence by the centre of Highland. avenue to Central street, thence by the centre of Cen- tral street to Milk street, thence by the centre of Milk street to Park street, thence by the centre of Park street to the Cambridge city line, and thence by the Cambridge boundary line to the point of beginning.


WARD THREE.


Beginning at the Everett town line on Mystic river, thence across the marsh to Cross street, thence


155


WARD BOUNDERIES.


by the centre of Cross street to Medford street, thence by the centre of Medford street to Highland avenue, thence by the centre of Highland avenue to Cedar street, thence by the centre of Cedar street to the Medford town line, and thence by the Medford boundary line to the point of beginning.


WARD FOUR.


Beginning at the Medford town line, thence across Broadway to Cedar street, thence by the centre of Cedar street to Highland avenue, thence by the centre of Highland avenue to Central street, thence by the centre of Central street to Milk street, thence by the centre of Milk street to Park street, thence by the centre of Park street to the Cambridge city line, and thence by the Cambridge, Arlington, and Medford boundary lines to the point of beginning.


CONTENTS.


PAGE


A


Aldermen, business order of .. 134


Committees of.


.124, 136


names.


150, 152


election of


7


Rules and Orders


131


vacancies in


9


Appropriations


...


40, 43, 129


Assessment and collection of


Taxes


45


Assessors, how chosen, etc. .. 14, 15


Auditor


12, 40


B


Boundaries of Wards


154


Burials


113


Business, order of.


.134, 145


By-Laws


17, 33


C


City Charter


3


City Clerk


12, 47, 137


City Council, organization.


7, 8


rules of


145


City Engineer


51


City Messenger


61


City Officers, time of choice.


12


list of


150, 152


City Seal.


35


City Physician


12, 50


City Solicitor


13, 48


City Treasurer


12, 41


Committee on Ordinances, 1875, 31 Committees of Mayor and Al-


dermen .. 135


of Common Council, 141, 146 of Conference ..... .. 131


powers and duties of ..


. 142


PAGE


Common Council, business or-


der of.


145


Clerk of.


8


Committees of


141, 146


Election of.


7


names of.


150, 152


President.


.8, 139


Rules and Orders.


107,139


vacancies in


9


Common Sewers


101


Conferences


131


Constables


10


E


Engineer, City


12, 51


Engineers, Fire


12, 71


Execution of Deeds and other


instruments .


116


Expenditures, concerning.


. .


39


F


Fire Department


73


Finances


39


G


General meetings


ยท


..


.18, 36, 37


Government, City, 1875.


150


66


1876.


..


152


H


Health, Board of


52


Highways ....


88


Horse Railroads, concerning.,


115


J


Joint Rules and Orders


124


Joint Standing Committees


124


Junk Shops


118


158


CONTENTS.


PAGE


L


Licenses


117


M


Mayor and Aldermen 150, 152


Mayor, election of


7


Meetings, calling of.


.36, 37


Meetings of citizens


18


Messenger to City Council


61


Municipal year


4


Mystic Lake Water.


65


O


Opening and Closing Polls


. ..


36


Order of business


134, 145


Ordinances .


33


how passed


128


construction of.


33


to take effect


123


Organization of City Council ..


8


Overseers of the Poor


13


P


Parliamentary authority


130


Police .


108


Posting notices


117


Public Schools


63


Public Property


64


R


Regulation and Inspection of




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