USA > Massachusetts > Plymouth County > Duxbury > Town annual report for the town of Duxbury for the year ending 1936-1940 > Part 14
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Section 2. This Act shall take full effect upon its acceptance by vote of the inhabitants of each of the towns of Marshfield and Dux-
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bury at an annual town meeting or at a special town meeting called for the purpose, but not otherwise."
The Town voted to ask for legislation similar to Chap- ter 161, which permitted towns to appropriate One Dol- lar per thousand of valuation toward the expense of operating STREET RAILWAYS.
Some opposition to the proposed legislation came from those who felt a contribution of One Dollar per thousand of valuation was more than Town should be authorized to make. On the basis that "Half a loaf is better than no bread," the Committee accepted the Bill as passed which permits an appropriation of fifty cents per thousand.
It is "Special Legislation" as the provisions apply to the Towns of Duxbury and Marshfield only.
Each town has a valuation of approximately Seven Million, therefore, in the event railroad service is con- tinued, and the receipts are less than cost, Duxbury can appropriate Three Thousand Five Hundred Dollars, (more or less) to defray in whole or in part a deficit if incurred by the railroad in rendering service to Dux- bury, as determined by the Massachusetts Department of Public Utilities upon request of the town.
The history of the Railroad to Duxbury shows that seventy years ago the prospects for a self-supporting railroad were so dubious private capital was not avail- able, but the necessity and desire for railroad service even then was so great, Duxbury, Marshfield and Scitu- ate sought and obtained authority to subscribe for $215,000 worth of the stock of the Duxbury and Cohasset Railroad.
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Later the Town of Plymouth seeking the business of these towns felt justified in appropriating $40,000 to continue the line to Kingston, that residents of the South Shore might reach Plymouth conveniently and cheaply by railroad.
After several years of unprofitable operation, the Old Colony Railroad purchased the stock of the towns at a price which made the net CONTRIBUTION of Dux- bury for railroad service about $72,000, and thereafter up to 1893 the Old Colony Railroad rendered excellent service. Some of its directors lived on the line and the officers had direct personal knowledge of conditions and the business on the line. Duxbury was served by six trains to Boston and six trains from Boston daily, except Sunday.
It is to be presumed the operation was profitable.
In 1893 the Old Colony Railroad was leased to the New York, New Haven and Hartford Railroad and that road assumed and continued operation to the present time.
Up to about 1920 the Automobile diverted little traffic from the railroad. From then on the competition of unregulated trucks over the highway, drew an in- creasing amount of the profitable less-than-carload freight from the railroad.
Likewise with constantly improving automobiles, patrons used them more and more for personal trans- portation with loss of revenue by the railroad. For lack of patronage service was curtailed and for lack of service patronage was still further curtailed.
In 1930 similar traffic conditions all over the country
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had adversely affected railroads and Congress passed the Bankruptcy Act, Section 77.
Under this Act it became necessary for railroad offi- cials. to make a study for the purpose of ascertaining what lines or parts of lines failed to show sufficient earnings, whereupon they were to apply to the Inter- state Commerce Commission for the right to abandon them when it could be shown that abandonment could be effected without depriving the community of PUB- LIC NECESSITY AND CONVENIENCE.
In February, 1937, the Trustees of the New York, New Haven and Hartford Railroad applied to the United States Court at New Haven for the right to abandon, subject to the approval of the Interstate Commerce Commission, the line of the Old Colony Railroad from a point 2100 feet south of Greenbush station to a point 275 feet south of the Kingston station.
Similar applications for abandonment were made of some twenty other lines or section of lines through- out Massachusetts, Rhode Island and Connecticut.
Where these applications were not protested by the communities, the Interstate Commerce Commission granted them immediately, but where a protest was entered, the Trustees were called upon to file with the Interstate Commerce Commission answers to a ques- tionnaire, setting forth in detail their reasons for aban- donment.
In accordance with the vote of the Town, March 6th, an official protest on behalf of Duxbury was filed with the Interstate Commerce Commission and a copy sent to all others named in the vote.
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Only one who has participated can realize the amount of study, work and correspondence necessary for men not familiar with the subject, to acquire sufficient knowl- edge to attempt the protection of Duxbury's interests.
Much data is on file in the Chairman's office subject to inspection by any resident of Duxbury who is inter- ested. The more vital parts are on file with your attorney.
At the invitation of the Trustees of the New York, New Haven and Hartford Railroad the Duxbury Rail- road Committee, the Marshfield Railroad Committee and the consultants of each, held a conference May 3rd in the Director's room at South Station, Boston, with Trustees Palmer and Sawyer, Vice President Wall and Executive Assistant Dorigan.
Conditions on the line, its business or lack of busi- ness, the possibilities of new business, legislation, sched- ules, all were freely discussed but no effective agree- ment reached with respect to any of them.
The Trustees disapproved of the committee's appli- cation for the legislation which was subsequently en- acted.
During the time the committee was attending on the Legislature, and meeting with officials and directors of the railroad, they also gave careful consideration to the employment of counsel.
The committee was of the opinion one of the eminent attorneys, resident in Duxbury, should be their choice. Unfortunately, the committee found, that for various reasons, none of them could be induced to take the case.
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Arthur H. Ferguson of New Bedford had been highly recommended to the committee, and after conference with him he was retained.
He is a busy man, engaged with numerous "Rate" cases before the Commission, but in the short time at his disposal he prepared the case which had been set for hearing before Examiner Sullivan at the Hotel Lenox, Boston, on June 23rd, 1937.
From the large number present it was evident inter- est in the case was vibrant throughout Duxbury and Marshfield.
Some thirty odd witnesses testified to the "Necessity and Convenience" of railroad service, and the dis- astrous effect that would ensue should railroad service be abandoned.
The greatest difficulty encountered was the verifica- tion of figures presented by the applicants, that is, the railroad, by which they claimed that the operation of train service between Greenbush and Kingston entailed an out-of-pocket loss of some forty odd thousand dol- lars.
The record of the case covers some two hundred type- written pages. Many of the railroad figures were ques- tioned and many statements denied. In the end it seemed that a prima facie case of Public Necessity and Convenience had been established, but refutation of the alleged revenue and cost with the resultant deficit was less successful.
October 3, 1937, a "Proposed Report" by Examiner Schutrumph of the Interstate Commerce Commission was issued. In this report the Examiner seemed to
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accept the contentions of the railroad and place little value on the statements of the protestants, in denial of the Railroad's assertions, and finally recommends the Interstate Commerce Commission grant the petition for abandonment.
For a time the committee was in desperate straits to continue. A Brief of Exceptions, if one were to be filed, must be completed in twenty days, and they were without funds to pay counsel for continued service.
At the hearing on June 23rd, the Commonwealth of Massachusetts was represented by Assistant Attorney General Maurice H. Goldman, who in the name of the Commonwealth protested against granting the petition for abandonment, and in other ways was helpful to the cause of Duxbury.
Petitions for other protested abandonments had been granted by the Interstate Commerce Commission and it appeared that the interests of the Commonwealth as a whole were jeopardized.
This phase of the case was presented to the Attorney General and Mr. Goldman, the latter advised that if His Excellency, Governor Hurley, would approve, the Attorney General's office would file a Brief of Excep- tions. This was accomplished.
Meanwhile one who had been of great assistance to the committee from the beginning, Mr. Louis J. Hunter, told the committee numerous residents of Duxbury ap- preciated what the loss of railroad service would entail, and were willing to defray the cost of counsel in the person of Robert H. Holt, Esq., of Lexington and the Standish Shore. They felt it almost a hopeless proposi- tion, but if the citizens of Duxbury by their Railroad
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Committee desired to continue the effort, they would be glad to make the necessary contribution to that end.
Realizing the loss to be inflicted on Duxbury from lack of railroad service, and knowing time was not suf- ficient to call a Town Meeting and appropriate addi- tional funds, the committee accepted the offer and au- thorized Mr. Holt to represent the Town of Duxbury and the Duxbury Railroad Committee before the Inter- state Commerce Commission in all matters pertaining to the case, but with the distinct understanding that he look to Mr. Hunter and his associates for the pay- ment of his compensation and expenses.
The time for filing a Brief of Exceptions was extended to November 8th, when Mr. Holt filed his Brief of Ex- ceptions and at the same time asked for Rehearing. The Commonwealth of Massachusetts asked for a Re- hearing, as did the Town of Marshfield.
Mr. Holt's Brief cited six exceptions to the findings of the Examiner in his Proposed Report.
On the 10th day of January, 1938, in the matter of Finance Docket No. 11559, Old Colony Railroad Com- pany et al., Trustees Abandonment, the Interstate Com- merce Commission, by Division 4, ordered :
"It is ordered, That the petitions for further hearing be, and they are hereby, denied.
It is further ordered, That the above-entitled proceeding be set for oral argument on a date to be hereafter designated."
On January 19th, the Commission ordered in the mat- ter of Finance Docket No. 11559 :
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"The above-entitled proceeding is assigned for oral argument on February 24, 1938, ten o'clock, A. M. (Standard Time), at the office of the Interstate Commerce Commission, Wash- ington, D. C., before Division 4.
By the Commission :
W. P. BARTEL, Secretary.
From the foregoing it would seem that continued rail- road service depended upon the success of the "oral argument," to be made before the Commission at Wash- ington on February 24th, but Senator Lodge has sent us a letter which reads in part :
"The parties will be afforded an opportunity on argument explain fully their views in regard to the accuracy of the figures presented by the applicants. This procedure does not preclude the protestants from renewing their request for a further hearing should they so desire, but it is believed that the Commission will be in a better position to determine the necessity for such hearing following the argument."
The Interstate Commerce Commission in their 51st Annual Report propose an amendment of Section 20 of the Act for the following reasons :
"We have experienced difficulties in obtain- ing accurate answers to questions set up in the report forms prescribed by us under para- graphs (1) and (2) of section 20 of the act." "As a result, it is not possible under the act
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to punish a carrier or its officers for making answers which, though 'specific,' nevertheless are inaccurate, even in those instances where the answers may have been falsified inten- tionally."
This statement with regard to proposed legislation by Congress was called to the attention of Senator Lodge and brought forth the advice quoted above. The com- mittee also called the matter to the attention of Con- gressman Charles L. Gifford of the fifteenth Massachu- setts District.
For the many courtesies accorded them, the com- mittee thanks His Excellency, the Governor, the Attor- ney General of the Commonwealth, the former Chair- man of the Massachusetts Public Utilities Commission, Assistant Attorney General Maurice M. Goldman, of- ficers of the Interstate Commerce Commission, Senator Lodge, Mr. Louis J. Hunter and his associates (whom we cannot name for we do not know them), the Standish Shore Improvement Association, Mr. Roswell F. Phelps, the Duxbury Yacht Club, Mr. William J. Burke, and others who have helped.
The Five Hundred Dollars appropriated for the use of the committee have been in greater part expended as set forth in the Treasurer's accounts. In addition, private funds to a considerable extent have been used to continue the work. Incidental expenses such as use of automobile and similar expenses have been as- sumed by the individual who incurred them, but to pay for stenographic service, postage, telephone, etc., as per approved vouchers, to the extent of $125.00 an ap- propriation is necessary.
Until the end is reached other expenses may be neces-
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sary for which individuals may not be expected to use their private funds. That the efforts of the committee shall not be stopped at a critical time, it will be well for the town to make an appropriation of $500.
While Mr. Hunter and his associates do not ask to be reimbursed for the charges they pay, the committee recommend the Town take pride in so doing and recog- nize the service of residents who effectively practice public duty.
As to the future, if the Interstate Commerce Commis- sion should require continued railroad service, it is our hope the railroad and citizens may get together amicably and agree on a plan for railroad service, ade- quate to the times, provided by modern equipment less expensive to operate, that will pay its way, and should a deficit result, the town will graciously appropriate a sum to meet it in part at least.
Should the Interstate Commerce Commission permit the railroad to abandon its service and dismantle the road-bed, before it is too late, the town should extend an offer of help to the railroad providing they will allow the tracks to remain until such time as an arrange- ment equitable to all can be arrived at.
The expectation that such a consummation may be achieved in the near future is based on the radical changes already under way in the form of new equip- ment, new forms of power, that permit the use of rail- road tracks with the same degree of safety and cheap- ness the public has enjoyed for many years.
The President of the United States has expressed his opinion the railroads should be granted an increase in freight rates.
It is general opinion, only such an increase can save the present remarkable railroad system of the United States.
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Many of our citizens have expressed a willingness to pay more for railroad transportation than present rates.
The novelty and the convenience of automobile serv- ice has reached its climax. Personal responsibility added to cost of operation and maintenance with the nuisance or expense of parking, have forced acknowl- edgement of the advantages of railroad service.
Far beyond all this, the dreadful, the humiliating fact remains that every day in the week on the highways of Massachusetts, two persons lose their lives and untold numbers are seriously maimed perhaps for life.
While drafting this report the following appeared in the daily press :
"H. S. Palmer, President of the New York, New Haven and Hartford Railroad, today noted that last year 37,500,000 passengers were transported and that no accident has occurred to an extent involving the loss of life to a pas- senger, with 200,000,000 passengers carried in the six years ending December 31, 1937, without loss of passenger life, and 1,414,000,000 trans- ported in the last 21 years with only two pas- senger deaths."
It can be but a short time only when public safety will demand that merchandise shall again be trans- ported on the rails. For it is possible now to equip highway trucks with appliances which permit their operation on the rails of a railway as readily as on the highways and without delay.
They permit the delivery and collection of freight locally over the highway, then the same vehicle oper- ates on the rails between cities and towns.
Therefore, every effort should be made to retain the
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RAIL roads (built and maintained at such great cost) a few years more until the advantages of highway trucks upon the RAIL roads can be demonstrated.
To effect the foregoing the Selectmen have been asked to insert in the warrant for the Annual Town Meeting, March 5th, the following articles :
1. Will the Town vote to accept Chapter 354 of the Acts of the Legislature of Massachusetts of 1937 author- izing the Town of Marshfield and Duxbury to contribute toward the cost of railroad service therein.
2. Will the Town vote to raise and appropriate a sum of money to carry out the purpose set forth in Chapter 354 of the Acts of 1937, or take any other action thereon.
3. Will the Town vote to raise and appropriate the sum of $125 to pay bills incurred by the Duxbury Rail- road Committee in excess of the appropriation of 1937.
4. Will the Town vote to raise and appropriate the sum of $500 or take any other action thereon to continue the work of the Duxbury Railroad Committee.
It should be needles for us to stress the necessity for Duxbury to have continued railroad service. Estab- lished merchants cannot expect to continue their busi- ness when their merchandise can be delivered at less cost by railroad to their competitors in surrounding towns where Duxbury citizens will not be employed.
Those best able to judge tell us Duxbury cannot ex- pect to enjoy the income, the profits, from summer or even all the year residents, if those residents are de- prived of the advantages residents of rival towns enjoy.
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That Duxbury enjoy the greatest advantage from any appropriations made in aid of continued operation, it may be possible to arrange for Duxbury men to be employed in railroad work up to the amounts appro- priated.
Likewise it may be possible for Duxbury men to be assigned to protect crossings, to act as temporary sta- tion agents at train time.
Members of the police forces of the Town as well as of the State frequently guide, direct and control traf- fic over the highways at dangerous points. There is no more dangerous point on the highway than a rail- road crossing when a railroad train is approaching.
When they are traveling on the railroad, residents of Duxbury or any other town should have the protec- tion of police forces as they would have when traveling in automobiles on the highway. The expense of rail- road service can be reduced and the time in transit shortened if police guard a railroad crossing for a few minutes before a train arrives.
Respectfully submitted,
CHARLES S. CLARK, Chairman CHARLES R. CROCKER, Selectman
BENJ. F. GOODRICH, SIDNEY C. SOULE, Selectman HARRY F. SWIFT, Selectman PERCY L. WALKER
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REPORT OF INSPECTOR OF SLAUGHTER OF ANIMALS
To the Honorable Board of Selectmen, and Board of Health,
Greetings :
I hereby submit my report for inspection of slaugh- tered animals.
I inspected 15, the smallest number ever inspected by me. There were no diseased bodies among them.
Respectfully submitted,
H. E. MERRY,
Inspector of Slaughtered Animals
ANNUAL REPORT
OF THE
SCHOOL COMMITTEE
OF THE
TOWN OF DUXBURY
For the Year Ending December 31, 1937
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SCHOOL COMMITTEE
Joseph W. Lund, Chairman
Term expires 1939
Mrs. Lemuel Wyman, Secretary
Term expires 1938
George M. Mayers
Term expires 1938
J. Newton Shirley
Term expires 1939
Walter G. Prince
Term expires 1940
Regular meetings of the School Committee are held in the Duxbury High School building at eight o'clock on the evenings of the second and fourth Friday of each month.
Superintendent of Schools
George E. Green, Duxbury, Massachusetts Office Telephone : 346
School Physician Dr. Connie H. King, Telephone: Duxbury 212
School Nurse
Miss Annie Williams, Telephone: Duxbury 175
Attendance Officer
Earl Chandler, Telephone: Duxbury 358
Staff
George E. Green Superintendent B. S., Bates College, Graduate Work at Boston University.
Leroy N. MacKenny Submaster B. A., University of Maine, Graduate Work at the University of Maine.
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Kenneth O. Macomber Manual Training, Print Shop Coach of Boys' Basketball and Baseball Gorham Normal, Bates College.
Amelia E. Hausman French B. A., Middlebury College; Graduate Work at the University of Colorado.
Winifred E. Sanders English B. A., Bates College; Graduate Work at the Uni- versity of New Hampshire; Boston University; Emerson School of Oratory; Bates.
Robert A. Patterson Latin and History Director of Orchestra A. B., Harvard; M. A., University of Maine. Grad- uate Work at the University of Chicago.
Stella M. Dondero Coach of Girls' Basketball Commercial
B. S. in P. A. L. Boston University.
Ruth E. McCoy Home Economics B. S., Rhode Island State College; Graduate Work at Columbia University.
Ellen W. Downey Seventh Grade, Mathematics, Music Partridge Academy.
F. Thelma Annis Sixth Grade Lowell Teachers College; B. S. Ed.
Jennie A. White Fifth Grade
Bridgewater Normal; Boston University.
M. Abbie Baker Tarkiln Primary School Partridge Academy. Hyannis Normal School.
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Constance Lee Newton Tarkiln Primary School B. A., Smith College. Graduate Work at the Boston University.
Sara E. Paulding Village Primary School Partridge Academy, Study at Columbia University and Harvard, Hyannis Normal School Diploma.
· Emily G. Monroe Village Primary School B. S. Ed., Boston University.
M. Dorothy Rust Point Primary School Salem Normal School, Study at the University of Vermont, Boston University.
Loring R. C. Mugford Opportunity Class B. S., Boston University, M. Ed. Boston University.
Ralph N. Blakeman Physical Education B. S., Boston University; M. Ed., Boston University.
Samuel Warner Supervisor of Drawing Boston Art Club, New England Conservatory Art Department.
May Blair McCloskey Supervisor of Music
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REPORT OF SCHOOL COMMITTEE
To the Citizens of Duxbury :
The School Committee respectfully submits the fol- lowing report of the Sueprintendent of Schools and of the various departments of the schools, showing the year's accomplishment.
The Committee asks for $46,000.00 plus the dog tax, to cover the budget for another year.
Respectfully submitted,
JOSEPH W. LUND, Chairman, ETHEL S. WYMAN, Secretary, DR. GEORGE M. MAYERS, DR. J. NEWTON SHIRLEY, WALTER G. PRINCE, Duxbury School Committee.
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REPORT OF SUPERINTENDENT
To the School Committee:
I present, herewith, a statement covering the opera- tion of the schools of Duxbury during the year 1937, to- gether with such reports as have been presented by supervisors, special teachers, the nurse, and school physician.
The work in the schools during the past year differs little, for the most part, in curricula or in school policy.
Three teachers resigned in June to accept other posi- tions. Miss Bockman, for four years teacher of Grade One and Two at Tarkiln, Miss List, for three years teacher of Commercial Subjects at the High School, and Miss Goulart, for two years a teacher of Grade Six. Each of these teachers had done an excellent bit of work, and their resignations were accepted with sin- cere regret.
The vacancies caused by the above resignations were filled as follows: At Tarkiln, Miss Constance Newton; Commercial Subjects, Miss Stella Dondero; and Grade Six, Miss Thelma Annis. These new teachers were un- usually well qualified for the type of work they were to do and, I am happy to report, are producing results which compare very favorably with the high standards set by their predecessors.
For some time it had become increasingly evident that many children in our schools were too immature to
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grasp properly the work of the grade level in which they found themselves. There was a tendency in Dux- bury to start children in school who were too young to understand the basic principles of reading and arith- metic or who were so immature as to lack the neces- sary muscular coordination for beginning writing. This poor start usually resulted in failure and always gave to the child a handicap against which he worked all through his school life. To lessen this evil it seemed advisable to increase the entering age by six months, but, in order not to work any hardship on those chil- dren who naturally developed more rapidly, all can- didates for entrance to the first grade in September, 1937, were given medical and psychiatric examination in the late spring. All children showing physical and mental readiness to do school work were allowed to enter regardless of chronological age. This plan seems to be working so well that I strongly urge that it be continued indefinitely.
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