USA > Massachusetts > Middlesex County > Lincoln > Town Report on Lincoln 1891-1898 > Part 27
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The result of all the foregoing provisions of law limiting the rights of an owner of a shade tree standing in a public street is simply this : that however the trees may be brought into the cat- egory of " shade trees," whether by the statutes of 1856, 1860 or 1890, he has no right to cut down such tree, or to injure it, with- out giving previous notice of his intention to do so to the proper authorities ; and if the city or town expresses its desire to retain such tree, then he shall not cut it down, but is to be awarded dam- ages for whatever injury he may suffer thereby.
There is another important qualification of the absolute right of a private owner over a tree standing in the public street. This limitation applies not only to shade trees, but to all trees and bushes which may belong to him, but which stand in the street.
1 Acts of 1890, chapter 196; Acts of 1891, chapter 49 ; Acts of 1892, chapter 147.
2 Acts of 1890, chapter 196, section 4.
78
The streets are designed for travel, and trees may be trimmed or removed for the purpose of accommodating travel, or for the purpose of repairing the street. The owner is entitled to no dam- ages by reason of such trimming or removal, because these acts are only an incident to the original purpose for which the street was laid out over his property, for which laying out, with its incidental damage, he is supposed to have been fully compensated at the time. Therefore, generally speaking, the municipal author- ities have a right to trim, lop off, and remove trees standing in the streets belonging to private persons whenever they have become a public nuisance, or in the course of the repair of the public highways. But even this public right is carefully limited by law, and the statutes have become more and more strict in their requirements relating to the manner in which, and the per- sons by whom, trees, and even bushes, standing in the public streets may be trimmed or removed in the course of the care of the highways.
A shade tree which has been planted since 1856, under a license, or which was standing in 1860, can only be removed whenever the selectmen, road commissioners or mayor and alder- men shall adjudicate that it is for the public necessity to do so, in which case it shall be removed at the expense of the owner.1
As the law now stands, no one but the tree officer of a city or town is allowed to trim or to remove any tree or shrub, standing in the public streets. In cities there is frequently an officer whose special duty it is to take care of trees, but in towns such has not always been the case; but the statutes contemplate that even in towns the authorities having charge of the streets shall designate some person who shall have charge of the trees ; and by a statute passed in 1896, towns are authorized to choose a tree warden, who, when elected, will have the control and care of the trees. 2
No officer except the officer appointed to have the care of the trees in a city or town is allowed to trim or lop off any trees or shrubs, whether they belong to private owners or not, standing in the public highway. He and his assistants, however, may per- form such trimming as he may deem necessary and he is always
1 Public Statutes, chapter 54, section 6.
2 Acts of 1896. chapter 190, section 1.
79
compelled to obey the orders of the highway surveyors, or road commissioners, in this respect.1
There is some doubt as to the right of the tree officer to trim or lop off shade trees belonging to a private person without the con- sent of the owner; and it is not safe for him to do so without a previous adjudication by the selectmen or road commissioners, under section 6, of chapter 54 of the Public Statutes.2
What has been said relates to trimming trees and shrubs standing in the highway. No municipal officer can remove any tree what- ever in the public highway unless the mayor and aldermen, select- men or road commissioners have so voted after a public notice and hearing ; and the tree officer with his assistants are the only persons who can execute the order.3
The foregoing provisions in regard to the trimming and removal of trees and shrubs by the municipal authorities have nothing to do with the right of a private owner to trim or cut down his own trees. His rights in this matter have been before considered.
LIMITATIONS UPON PUBLIC RIGHTS OVER PUBLIC TREES.
A city or town is restricted in its exercise of control over the public trees belonging to it. No person but the tree officer has authority to trim or lop off trees and shrubs ; and even he is not allowed to cut down or remove any trees whatever without a public notice and hearing and an order to do so from the mayor and albermen, selectmen or road commissioners. 4
In towns where a tree warden has been elected under the act of 1896, the care and control of all public shade trees is entrusted to him. He may order the removal of such shade trees, or parts thereof, as he may determine to be for the best interests of the public, after hearing the parties interested ; but he shall not cut down, remove, or injure any live public shade tree until he has given public notice of his intention to do so by posting a notice on the
1 Acts of 1885, chapter 123, section 2.
2 White v. Godfrey, 97 Mass. 472.
3 Acts of 1885, chapter 123, section 2; Chase . Lowell, 149 Mass. 85; Chase v. Lowell, 151 Mass. 422.
4 Acts of 1885, chapter 123, section 2.
80
tree and in at least seven public places in the town. Such notices shall also appoint a suitable time and place for hearing the parties interested. At the time and place appointed the tree warden shall attend and hear all persons appearing relative to the matter, and shall then determine as to the necessity and expediency of such removal, and his decision shall be final.1
The hearing and adjudication of the tree warden in the manner above mentioned in the case of the removal of public shade trees does away with the necessity of any hearing, or adjudication, by the selectmen or road commissioners ; but in the case of trees other than public shade trees, a vote of the selectmen or road commissioners, after a public hearing, is necessary.
GENERAL LEGISLATION TO PROMOTE THE SET- TING OUT AND THE CARE OF TREES.
By chapter 190 of the Acts of 1896, a town is permitted at its annual election of town officers to choose a tree warden to serve for one year, who shall have the full care and control of all the public shade trees in the town. He has charge of the expenditure of all public funds appropriated or granted for setting out public shade trees. He also has the power to enter and prosecute all complaints for malicious injury to, or unlawful acts concerning public shade trees.
Authority is granted to cities and towns to vote a sum of money not exceeding fifty cents for each of its ratable polls of the pre- ceding year, to be expended in planting, or in encouraging the planting, by the owners of adjoining real estate, of shade trees upon the public squares or highways ; and may plant such trees subject to the provisions of section 6 of chapter 54 of the Public Statutes.2
Money may be appropriated to exterminate insect pests by cities and towns which have accepted the provisions of chapter 78 of the Acts of 1893. Not only may trees be protected against insect pests, but they are also protected by a penal statute against
1 Acts of 1896, chapter 190, sections 2 and 3.
2 Acts of 1885, chapter 123, section 1.
81
those persons who would make them unsightly objects. Whoever affixes to any tree in a highway, public way, or square, a play-bill, poster, notice, advertisement, or printed matter of any descrip- tion, or cuts, paints, or marks on said tree, except for the purpose of protecting such tree, without first obtaining a written permit from the officer having charge of such tree in a city, or from the selectmen of a town, may be fined not less than five nor more than fifty dollars for each offence.1
For the general promotion of tree planting the governor is requested to set apart the last Saturday in April in each year as Arbor Day.2
1 Acts of 1893, chapter 403.
2 Resolves of 1886, chapter 32.
82
Report of the Board of Health.
The Board of Health, respectfully presents to the Town of Lincoln, its second annual report.
At the last annual town meeting, the membership of the Board was continued without change, and the organization of the previous year has remained unchanged.
The Board has held nine regular meetings, for consulta- tion, besides many casual and practical meetings of its mem- bers, upon the several premises, to which their attention has been called.
On the 27th of May, notice of a public hearing was posted, calling upon all, or any of our citizens, to present to the Board, all causes of which there might be reason to com- plain, to this Board.
But one complaint was presented, that was, that kine were still permitted to go to and into the water of Sandy-Pond, from which many of our citizens are supplied with water for domestic use. From our experience of last year, of the uncertainty of law, in court, with abundant evidence and admitted proof, the Board felt warranted in requiring reliable legal witnesses, that could be depended upon in court, to prove the alleged facts ; stating to the complainant, that upon such evidence, this Board would proceed against the offender. No such evidence having been furnished, late in the season, the Board sought to procure such evidence, but failed ; not, as we believe, because the allegation is not true, but, because of unwillingness, to defend the public
83
right, against private aggression. Our position is necessar- ily, that of the court ; unproven allegations weigh nothing. It is not our purpose, in any instance, to issue mandates that we may not enforce. We have neither reverence nor respect for "Judge Dogberry". On the 28th of May, notice was received by the Board, of a case of diphtheria, in a house near the railway station owned by one Conant of Con- cord. Upon examination of the premises, we found an overflowing cess-pool, and ordered it to be immediately emptied and cleansed ; which order was promptly obeyed.
On the 11th of December, at the suggestion of one of the inspectors of the Cambridge Water Board, two members of this Board, visited the farm of Mr. John Taylor, situated in the north part of Lincoln, and learned that it had been used, for the last seventeen years, as a swine-farm, where large herds had been kept, with the liberty of going into the water of "Hobbs's Brook." The present herd, numbering about seventy, are allowed the same liberty. Other manifest improprieties were discovered, in view of the fact, that the water running through this farm, flows immediately into the Cambridge Basin. Not conceiving it to be our duty to cor- rect these faults, we immediately notified the President of the Cambridge Water-Board, of the condition found, sug- gesting, that the case was one for the State Board of Health to deal with, as it concerned the city of Cambridge and not the Town of Lincoln. On the 31st of December another visit was made, by two members of our Board, to Mr. Taylor's farm ; nothing had been done, in the way of removal of the evils pointed out twenty days before.
Within the year, the attention of the Board has been called to nine cases of typhoid fever, and one of diphtheria, Two of the cases of typhoid-fever, were removed to the Waltham Hospital, one of which resulted fatally, and one of the remaining seven died. In two instances, the Board has found it necessary, to order, that swine, kept offensively near the public highway, should be removed. Compliance with the orders was prompt.
84
This Board is charged with the duty of forbidding the continuance of a public nuisance, but are met by the asser- tion, that the word "nuisance" has never been defined by the court, therefore, the law is weak, and fails to command respect. In conclusion, the Board most urgently advises more clear and definite legislation, concerning the duties of the State and Local Boards of Health.
MOSES W. KIDDER, M. D., Chairman. SAMUEL H. PIERCE, JOS. S. HART,
85
The Water Commissioners' Report.
The Water Commissioners respectfully submit to the Town their annual report, for the year ending December 31, 1896.
EXTENSIONS.
Applications being made by Charles H. Rice and Gardner Sherman for water, and they having complied with the usual guarantee, of four per cent. on cost of construction, the commissioners laid a two-inch pipe, fifteen hundred feet, and paid for the same out of receipts of the water works. The work being done by J. F. Farrar at a cost of four hun- dred dollars.
Application also being made by Edward F. Flint for water, he having complied with the guarantee, at a meeting called in July, the town voted to authorize the commissioners to lay about eighteen hundred feet of four-inch pipe, cost eight hundred and seventy-seven dollars.
J. F. Farrar had the contract for the work at twenty cents per foot, digging, laying pipe and filling the trench.
There has been an addition of twenty-four faucets.
We have been exceedingly fortunate in having but two leaks in the main pipe during the year.
We would like to add our testimony to the durability and strength of the wrought-iron, cement-lined pipe, when well laid. In this case, it has proved to be one of the best pipes for conducting water for family purposes now in use.
J. T. Laird, satisfactorily holds the position as engineer and when time would permit, has made most of the repairs on the pipes and pumps.
Perhaps it would be well at this time to take a brief glance at the condition of the plant for the last twenty years.
86
In the beginning we had two small pumps and a boiler, with about two and a half miles of cement-lined pipe.
For the first ten years we pumped, on an average, two hundred thousand gallons per week, or about two days per week, the receipts barely covering the expenses, to say nothing of the repairs and time it took to look after the business.
At the end of the second ten years, we had a main pipe line of about eleven miles, which delivered fifty-two millions, three hundred thousand gallons in a year.
The capacity of the pumps is only one hundred thirty thousand gallons, per day of ten hours.
It will be seen that we are running the pump forty-two thousand gallons per day more than they are warranted to do. And while we are forcing the pumps to their utmost capacity, the consumption so nearly equals the supply, that it is difficult to obtain any reserve in the reservoir.
It may be noticed in previous reports that mention was made of the worn-out condition of the pumps, and it was only a question of a very short time when they would cease to be of any practical value.
The time has arrived when it is not safe or economical to run them longer. The extra amount of coal consumed, and constant repairing, are very expensive. We have already taken a part of one pump with which to repair the other. They have answered well their time and purpose.
These works are the most valuable property the town owns today, and in order to retain their value and increase their usefulness, they should be liberally maintained.
The increasing consumption of water, requires a larger and more complete outfit than we now have.
We have given this subject much thought and consider- ation, and have arrived at the conclusion to ask the town for an appropriation. Therefore, we have formulated a plan, which, if carried out, will, we believe be a benefit and credit to the town.
87
In the first place, we require a larger pump with modern improvements, a boiler, a new suction pipe in the pond, a 12 inch force main pipe from the pumping station to the reservoir, a distance of about six thousand feet. This will be used as a receiving pipe, so that all the water pumped will be carried directly to the reservoir before being drawn by the consumers.
The present pipe will then be used only as a distributing pipe, and consequently, relieved from increased pressure.
We also recommend the building of a new engine house, the present one not being large enough to hold a modern pump and boiler, and other conveniences that are necessary.
With honest conviction and complete confidence we come before the town, and recommend an appropriation of ten thousand dollars, for the purposes named.
The water works will be enabled to pay the interest on this amount, and also pay five hundred dollars yearly towards the payment of the principal.
Below will be found a detailed statement of receipts and expenditures.
LEONARD W. WESTON, GEORGE L. CHAPIN, JOHN F. FARRAR, SAMUEL HARTWELL,
Water Commissioners.
CHARLES S. WHEELER,
88
Received on account of Lincoln Water Works :
Balance on hand Feb. 1, 1896, .
$287 37 Water rates from 1875, 180 19
Received from stock sold and labor performed by engineer, .
82 09
Fitchburg R. R. Co., rebate,
.
.
·
2 00
John F. Farrar, pig lead, .
42 36
Town of Lincoln, water pipe,
55 66
Town of Lincoln, hydrants,
195 00
Fitchburg R. R. Co., water,
1,746 30
Water rates,
r
.
.
1,987 60
Interest, .
.
.
.
.
$4,579 17
NOTE :- Of the $350.00 reported as uncollected last year $137.46 was due from Fitchburg R. R. Co. and is included in the amount received from that company. The balance remains uncollected.
Paid on account of Lincoln Water Works :
Waldo Bros., fire brick, $5 25 .
Wm. H. Gallison, packing. 2 36
John R. Hartwell, filling trench near C. H. Trask, Jr., 2 00
John R. Hartwell, teaming.
3 50
John McDonald, teaming boiler flues, .
3 00
Mrs. Edward Bannon, board of surveyors,
15 00
E. A. W. Hammatt, surveying around Sandy Pond and plan of the same, .
179 00
John F. Farrar, 6 cords wood in 1875, .. service as Water Commis-
30 00
sioner, 1895, 10 00
John F. Farrar, labor, man and horse, 15 00
digging and filling 1,508 ft.
trench,
188 50
John F. Farrar, drawing pipe .
3 50
.. .. .. 2 days laying pipe, 4 00
Amount carried forward, .
$461 11
.
.
.
.
60
.
89
Amount brought forward, .
$461 11
Edward Kendall & Sons, boiler plates 12 38
boiler tubes, la-
bor, testing boiler, etc., 30 18
Waltham Coal Co., 5,000 lbs. coal dust, . 6 25
66 66 356,600 lbs. Pocahon-
tas coal, 604 99
Fitchburg R. R. Co., freight and express, 181 86
James T. Laird, labor, 783 98
1 00
66 cash paid M. L. Hatch, . J. A. Burgess,
6 10
Priest, Page & Co., scales,
45 00
Smith & Ludden recording taking of land,
5 40
Old Colony Paint Co., oil, · Braman, Dow & Co., pipe, fittings, etc., . Walworth Mfg. Co., pipe, fittings, valves, etc., .
37 96
441 33
A. W. Chesterton & Co., drills, etc., ·
8 53
Henry R. Worthington, feed pump and receiver, .
116 13
Henry R. Worthington, valves and springs, F. A. Snow, balance due on contract for
9 35
pipe laid to C. H. Trask Jr.'s, 1895, . W. D. Hoffman & Co , steam blower,
30 00
Charles Lunt, labor, . 11 00 .
Zenas G. Smith, teaming,
145 54
Continental Grate Co., grate, · ·
67 50
Eagle Oil & Supply Co., oil,
46 15
Lock Regulator Co., damper regulator,
separator, steam trap, and balance valve, 159 00
Town of Lincoln, interest on bonds,
760 00
Joseph Underwood, clearing up stones, 8 00
Geo. M. Camp, labor,
3 00
Crosby Steam Gage and Valve Co., repair- ing clock, . 1 50 .
The Buttrick Lumber Co., lumber, ·
3 33
Chas. S. Wheeler, services,
14 30 3,553 97
Amount carried forward, .
$4,015 08
7 43
6 78
.
90
Amount brought forward, .
$4,015 08
N. F. Cousins, posts,
7 05
Chas. H. Rice, wood, 22 50
Michael J. Stanley, labor,
1 75
James L. Chapin & Son, sundries, .
16 87
Geo. L. Chapin, services as Water Com- missioner, 50 00
Patrick McWalter, lime, cement, mortar, etc., ·
13 55
Patrick McWalter, brick, 11 80 .
R. R. iron, damper,
freight and express, . .
5 45
Patrick McWalter, fire brick and fire clay, . 7 30
83 74
L. W. Weston, express, .
10 00
6.
cash pd. for repairing pipe,
5 00
66 66 cash pd. for egg coal, ·
12 60
labor of men, horses, etc., 90 70
cash paid expenses to Wal-
tham and Hyde Park, .
2 00
345 15
$4,360 23
Balance on hand Feb. 1, 1897, .
218 94
$4,579 17
GEO. L. CHAPIN, Treasurer.
Having examined the accounts of the Treasurer of the Water Commissioners, I find the report correct.
W. L. G. PEIRCE, Auditor.
labor, .
4 84
66 cash pd. for digging trench,
.
91
Report of the Cemetery Commissioners.
The cemeteries of the Town have received more than the usual amount of care and attention during the past year. Besides the work done by your Commissioners, many persons have erected substantial monuments on their lots, which add very materially to the beauty of the lots, and also not a little to the general appear- ance of the whole. It is therefore a matter of great satisfaction to us that these monuments have been erected. Your Commis- sioners have expended the past year sixty dollars ($60) for four headstones to take the place of those that had been broken down. Probably the Town will be reimbursed for a part of this expendi- ture.
A comprehensive plan of improvement has been begun in the new cemetery, under the auspices of Mr. Cornelius Leafling, which will when complete add greatly to the beauties which nature has given to this spot. We feel that work done along the lines we have laid out will in a few years make this cemetery one of the most beautiful in this vicinity.
In the Selectmen's report will be found a detailed account of our expenditures.
HERBERT E. BARNES,
JOHN TASKER,
Cemetery
JAMES L. CHAPIN,
Commissioners.
CHARLES S. SMITH,
Report of the Treasurer of the Cemetery Commission.
Received from sale of lots to Jan. 1, 1896, $190 00
66 66 66 Jan. 1, 1897, 97 00
Dividends on two shares Fitchburg R. R. for 1896, . 8 00
Investment two shares Fitchburg R. R. pfd. stock, .
$295 00
189 50
Cash on hand Feb. 1. 1897. . $105 50.
CHARLES S. SMITH, Treasurer.
92
JULIUS E. EVELETH, Treasurer Commissioners Trust Funds, IN ACCOUNT WITH
The George Russell Legacy to the Lincoln Library.
1896.
DR
Feb. 1. To cash in Old Colony Trust Co.,
· $139 06
July 15. " dividend on 7 shares F. R. R. preferred stock, 1400 1897.
Jan. 15. 66 . 6
14 00
$167 06
1897.
CR.
Feb. 1. By cash in National Bank of the Commonwealth, $167 06
The investment of this Fund is as follows :
Seven shares Fitchburg R. R. Co. preferred stock.
The John Landahl farm; see Town Report for 1896. Cash in National Bank of the Commonwealth, as above.
Respectfully submitted,
LINCOLN, Feb. 1, 1897.
JULIUS E. EVELETH, Treasurer.
93
JULIUS E. EVELETH, Treasurer Commissioners Trust Funds, IN ACCOUNT WITH
The George G. Tarbell Legacy to the Lincoln Library.
1896.
DR.
May 15. To cash received, 6 mos. interest to Feb. 4, 1896,
Caroline A. Nye's mortgage note, · $25 00
July 1. 66 66 dividend 8 shares B. & L. R. R. Corp., .
28 00
66 66 1. 13 " West End St. Rail'y, pref., 26 00
Aug. 13.
66 6 mos. interest to Aug. 4, 1896, Caroline A. Nye's mortgage note, 25 00
1897.
Jan. 1. 66
1. 66 dividend 8 shares B. & L. R. R. Corp., 28 00 66
13 West End St. Rail'y, pref., 26 00
$158 00
1896.
CR.
May 16. By cash paid S. Hartwell, Treas. Lincoln Library, · $25 00 1897.
Jan. 30. 66
66
· 133 00
$158 00
There is due this Fund, unpaid interest on C. H. Stratton's mort-
gage note for 1896, .
. $90 00
The Fund is invested as follows :
Eight shares Boston & Lowell R. R. Corp. stock.
Thirteen shares West End St. Railway pref. stock. Caroline A. Nye's note, Feb. 4, 1890, 5 years. at 5 per cent. interest, . · . .
. $1,000 00
C. H. Stratton's note, June 15, 1891, 2 years, at 6 per cent.
1,500 00 interest,
Respectfully submitted,
JULIUS E. EVELETH, Treasurer.
LINCOLN, Feb. 1, 1897.
I have examined the accounts of the Treasurer of the Trust Funds, and find them correct.
W. L. G. PEIRCE, Auditor.
94
JULIUS E. EVELETH, TREASURER, in account with the GEO. F. BEMIS LECTURE FUND.
1896.
DR.
Jan. 1. Balance in Boston Safe Deposit & Trust Co., $757 11
Jan., July. Boston & Lowell R. R. Corp., dividends, 350 00
Jan., Apr., July, Oct. Boston & Prov. R. R. Corp., dividends, 200 00
66 Old Colony R. R. Co., 140 00
.
N. Y., N. H. & H. R. R. Co., 66
40 00
Apr., July, Oct. Boston & Albany R. R. Co., .
120 00
Jan., July. Fitchburg R. R. Co.,
66
.
80 00
" West End St. Railway Co., 66
132 00
Jan., Apr., July, Oct. Am. Bell Telephone Co.,
66
345 00
May 16. 66 66 sale of rights, . 1 72
June 1. In Boston Safe Deposit & Trust Co., interest on deposit, 8 33
$2,174 16
1896.
CR.
Jan. 1. John Fisk, lecture,
$75 00
66 8. Rev. W. C. Merrill, lecture,
30 00
22. Henry Watterson, 66 175 00
66 15. Charles R. Cross, lecture and expenses,
64 30
66 29. Edward S. Morse, lecture,
50 00
Feb. 5. Old South Quartet, concert, .
. 100 00
105 30
66 19. Louis C. Elson, lecture,
75 00
Mar. 11.
Wakefield Concert Co., concert, .
83 97
66
18. Rev. Reuen Thomas, lecture,
25 00
66 25. J. W. Churchill,
78 00
Apr. 1. G. F. Newton, 66
25 00
8. E. G. Porter,
30 00
6: 18. E. W. McGlenen, 66
50 00
18. J. H. Thurston, illustrating lecture,
17 60
66
13. N. E. Piano Co., tuning,
5 90
.6 13. H. A. Sherman, transportation,
20 50
13. F. E. Cousins, 66
3 00
May 13. F. W. C. Henry, usher,
7 00
13. Geo. Ropes, expenses, .
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