USA > Massachusetts > Plymouth County > Duxbury > Town annual report for the town of Duxbury for the year ending 1936-1940 > Part 42
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I have tried to inspect the days dig of clams and at first made the diggers pick them over and plant any small ones; later two bed certificates were taken away for a short time and two arrests were made for possessing short clams.
During the first three months there were about fifty regular diggers, later about forty, and during the last three an average of 30. In July the clams were so scarce that the diggers asked for more acreage to be opened, so on July 10 there were three areas opened which were closed again in about two weeks to save the small clams- the only ones left.
In August circumstances made it necessary to go out on both night and day low tides to stop leakage of small clams. About this time the diggers asked for more acre- age and the area above the bridge was opened.
On September 1st reports were issued to the diggers to keep records of the amount of clams dug each week. In October the whole bay was opened by request for the digging of all shellfish. There is very little trouble at present from out-of-town diggers.
A little more than half of the appropriation has been used for the seeding of clams and for destroying cockles. As seed clams can only be bought in New Jersey and Nova Scotia, and there is such a large natural set in the bay, the other part has been left for later planting and pre- serving.
I would like to recommend that the Town make a rul- ing that all clam diggers have and use standard containers (Called hods) that hold a half bushel. This ruling has been used very successfully in other towns.
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Shucked clams, 2,463 gallons @ $1.50
$3,694.50
Razor fish,
3,135 bushels @ 1.17
3,667.95
Clams,
17,301 bushels @ 1.17
20,242.17
Quahaugs,
223 bushels @ 1.00
223.00
Sea Worms,
113,756
@ 0.011/4
1,421.92
$29,249.54
66 permits were issued.
1,600 buckets of cockles were destroyed.
Respectfully submitted,
A. ELLIOT HOLMES, Shellfish Constable.
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Report of the Clerk, of W. P. A.
To the Honorable Board of Selectmen:
Work on W.P.A. projects continued through the winter months with most of the employable men needing relief working on these projects, which consisted of the trim- ming and clearing of trees along woods roads in the northern part of the town for the purpose of making fire lanes, widening, straightening and gravelling many of the unsurfaced roads, and reseeding clams on Standish Shore. During the month of May there was a drastic cut in the W.P.A. quota for the State and Duxbury was with- out W.P.A. work of any kind from May 5th to November 24th, when a project was opened on the pond in the rear of the High School for the purpose of making a skating pond for the children. This project was started with eight men and increased to sixteen by the end of the year with the prospects of more assignments being made early in January.
Surplus commodities, consisting of food and a limited amount of clothing, have been distributed by truck from the Plymouth warehouse to needy persons during the entire year.
Respectfully submitted,
ERNEST A. JONES, Town W.P.A. Coordinator.
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Report of Cemetery Trustees
To the Honorable Board of Selectmen and Citizens of Duxbury:
We would present our report for the year 1939.
To avoid repetition of the work of the Cemetery De- partment, we would respectfully refer to the report of the Cemetery Superintendent, rendered to, and approved by this Board. Of the fifty-nine interments, eighteen were of those who died in Town and forty-one of those who died out of Town during the year, with the exception of four cremations of those who died in previous years.
In view of the fact that the revenue for use of the Ceme- tery Department for the year of 1940, (excepting perpet- ual care fund interest) will be dependent on the appro- priation of the Town, we would respectfully ask for the sum of $6,500.00 for the year of 1940.
Money received for interments, rebuilding lots, building foundations, cleaning stones, annual care of lots etc, to the amount of $2,151.35 has been returned to the Town treasury.
At this time we would again express our thanks to all those, both within and outside of the Town of Duxbury, for their cooperation, by their payments for annual care of lots, perpetual care funds, rebuilding of lots, etc., all of which enables the department to make the Cemetery more satisfactory to all concerned.
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Also, we wish to express our appreciation to all those, who, by gifts of shrubs or otherwise, made it possible to beautify a part of the section bordering on Tremont St. And in closing, we would say to the Superintendent and to the men in his employ that we feel that it is due to their honest and efficient services in the conduct of the busi- ness and work at the Cemetery, that has maintained its present standard.
Respectfully submitted,
EDWARD S. SOULE, Chairman THEODORE W. GLOVER, Sec'y. ERNEST H. BAILEY ARTHUR W. WRIGHT WILLIAM O. DYER
Trustees
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Report of the Superintendent of Cemeteries
To the Cemetery Trustees:
I submit my report for the year of 1939. The general work was done. At Mayflower Cemetery the trees were sprayed, the leaves were raked and the avenues edged and cleaned. The lowering device was overhauled and chrom- ium plated. The tool house floor was repaired.
The general work was done in Ashdod Cemetery. The fence was painted, avenues and walks were edged and cleaned.
Dingley Cemetery was raked and cared for. At Standish Cemetery the grass was cut all summer, the leaves raked, guns and fence painted, also a few rails fixed.
All Perpetual and Annual care lots had fertilizer or top dressing on them and they were cared for. Three new lots were built and twelve old lots rebuilt. Twenty-five founda- tions were put in. There were fifty-nine interments this year. Twenty-three Perpetual Care Funds were added this year.
From the Samuel H. Howland fund, work was done removing old tomb, and grassed over. Granite post was widened on Oak Avenue. Tar and gravel was put on the four hills, Oak, Mayflower and Locust Avenues and on drive in front of the tomb. The side and in front of the American Legion lot was rebuilt and seeded.
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The Ladies Union Fair Association did a lot of work in the Historical part of Mayflower and Standish Ceme- teries. The American Legion had their lot rebuilt. The paupers lot in Mayflower Cemetery was built and grassed over, the loam was given to the Cemetery Department.
Facing Tremont Street in the new part of Mayflower Cemetery, we set out shrubs and evergreen trees and seeded over. The trees and shrubs were given the Ceme- tery Department by those who were interested in the im- provement of the Cemetery.
Respectfully submitted,
LAUREL B. FREEMAN, Superintendent of Cemeteries
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Plymouth County Extension Service
Twenty-five years of Agricultural leadership has been provided the towns of Plymouth County through the Extension Service, officially recognized as County Aid to Agriculture. During this period of time, great agricultu- ral achievements have been made through the initiative and leadership of agricultural associations, farmers' co- operatives, homemakers' groups, 4-H clubs and their many allied contributing sources.
This service available to all coordinates the efforts of the U. S. D. A., the Massachusetts State College, and local groups in the interest of rural people.
Educational programs are largely determined by county committees, assuring the practicability of meetings, speakers, and subjects of interest to commodity, home- makers' and 4-H club groups.
During 1939 the Extension Service agents directed per- sonally in Plymouth County 813 meetings with an attend- ance of 21,485 people; made personal contact with 12,237 people on individual problems; and reached 87,000 people through circular letters.
Information and assistance has been available to every- one in the subjects pertaining to Agriculture, Home Eco- nomics and the 4-H Club. These include for farmers the subjects of: dairy, poultry, fruits, vegetables, cranberries, forestry, general livestock, farm accounts, and many others. For Homemakers in 1939 emphasis has been placed
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on Money Management, Nutrition, Child Development, Home Furnishing and Recreation. Additional work has been done in Clothing, Food Preservation, Home Grounds Improvement. For 4-H activities, clubs in Poultry, Dairy, Garden, Conservation, Handicraft, Food, Canning, Cloth- ing, Home Furnishing and others have been used by 1959 enrolled members in the county.
The people of Duxbury have been afforded this service in the best manner possible to meet the demands and in- terest of groups and individuals. The support of each town financially and morally is greatly appreciated by the Extension Service, and by the people who know its value as an influence in adult education.
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Report of Duxbury Town Historian
Your historian cannot do better than quote the first paragraph of his report submitted for the year 1938.
"Your historian is obliged to report failure in his en- deavor to have recorded certain data on the houses erected in the town during the past year. Promises are made but not fulfilled. This could be accomplished and valuable data accumulated by a simple regulation that no building can be erected in the town without registering such fact with the Town Treasurer. This would be no zoning law, merely registration of intentions to build and a certificate issued without fee."
At the Town Meeting of 1937, it will be remembered, an article in the warrant for the construction of any building being registered with the Town Clerk was laid on the table. Apparently this action resulted from a mis- apprehension of what the proposed by-law was trying to accomplish and the dislike of the Town for any ordin- ance favoring a zoning law. In three years it is hoped that your historian has established a reputation so that he will not be suspected of putting anything over on the Town. The proposed by-law has been rewritten for the Town Meeting of 1940 and it is hoped that this time it will be adopted.
The work of preparing an album containing photo- graphs of selected residences in the town has continued and in due course of time this album will be placed where the citizens can see for themselves what has been accomplished.
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Another stone marker has been made and erected through funds made available at the last Town Meeting. The inscription on this marker speaks for itself.
Site of Second Meeting House 1706-1785 Ministers John Robinson 1702-1738
Samuel Veazie
1738-1750 Charles Turner 1755-1775 Zedekiah Sanger 1776-1785
It is well for the Town to record on lasting granite the years of faithful service of these old war horses. While we of the present day fortunately cannot tell what the conflicts in some instances were about, we know at least their names and terms of service and these are here recorded. It is hoped that the same sum for the historian's department will be voted for the coming year.
Respectfully submitted,
REUBEN PETERSON.
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Report of the Railroad Committee
To the Citizens of Duxbury, Massachusetts:
A Report by the Duxbury Railroad Committee created by vote of March 6, 1937, continued by votes of March 5, 1938, and March 1, 1939.
In the Committe's Report of February 13, 1939, the order of the I. C. C., dated January 24, 1939, was included. As stated, an extension was asked for and granted. An- other extension to June 25 was granted. May 25 this com- mittee filed a petition of forty-four pages requesting Reconsideration, Rehearing, and Reargument.
This petition was denied. The Commission advised that it was not their practice to give petitioners reasons for denial. Reference to court procedure was made. This committee endeavored to interest several attorneys to carry the case to the courts but they declined. The work involved was greater than the funds available would permit.
As we read of fees of ten thousand, twenty-five thou- sand, and forty thousands, it is not to be wondered that your hundreds were declined.
"The Public Interest," "Public Necessity and Conven- ience," "Public Welfare" are paramount considerations throughout the Interstate Commerce Act and its supple- mentary, the so-called "Bankruptcy Act."
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Indicative of the importance of "Convenience" and "Necessity" in the Index "to the Interstate Commerce Act" the very first word is "Abandonment" see "Convenience and Necessity."
Public interest in this case was ignored for an alleged loss of twenty-five thousand dollars a year which by co- operative efforts could have been reduced to thirteen thou- sand, or less than one thousand dollars per mile. Now, lines alleged to be losing five times as much per mile as the D-K line continue to render service to their public.
Code of Ethics, Association of Practioners before the Interstate Commerce Commission, May 15, 1939, Pages 16-17, "Canons of Ethics and Private Communications with the Commission."
"In the disposition of contested proceedings brought under the Interstate Commerce Act, the Commission exer- cises quasi-legislative powers, but it is, nevertheless, acting in a quasi-judicial capacity.
It is required to administer the Act and to consider at all times the public interest beyond the mere interest of the particular litigants before it."
Witness for the Applicants asserted that the eight thousand tons of freight on the G-K line "Is mostly of the necessaries of life and not subject to the decline in volume as is the freight traffic of an industrial area."
Sixty-one thousand one hundred eighty-one (61,181) passenger coupons or tickets and cash fares, an average of more than five thousand passenger tickets per month, pro- duced a revenue of $21,417.07 in one year. The railroad
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received the money whether the purchaser used the ticket or not.
It was no fault of this public if rates were not adjusted to meet the cost of service. In fact, an increased charge for tickets was suggested by this committee.
March 19, 1938, the I. C. C. reported: "We find that the present and future public convenience and necessity are not shown to permit abandonment.".
Only nine months later, or January 24, 1940, after so- called "actual" figures of revenue and some expenses had been prepared, the Commission reversed its previous denial and authorized abandonment not withstanding the so-called "actual" revenues for 1936 were according to I. C. C. report, six hundred and fifty-two dollars ($652) "more than the passenger revenue for 1936 as previously estimated." While alleged actual cost of operation for 1937 was $9226 less than estimated for 1936. One item alone, Maintenance of Way, reported as actual, was eight thou- sand dollars less than estimated.
In the "Corrected" report accompanying the I. C. C. Certificate, dated January 24, 1939, permitting abandon- ment, nine closely printed pages are devoted to figures of of costs and revenues. Four lines only to Public Interests as follows:
1. Eight thousand tons of the "necessaries of life," in one year, constituting a freight service which the Judge of the United States Court having exclusive jurisdiction had characterized as
"INDISPENSABLE"
2. 61,181 passenger rides purchased in one year.
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3. The assurance of the Commonwealth of Massa- chusetts by its Attorney General, and the Chairman of the Massachusetts Public Utilities Commission, that "There is no real necessity for the proposed abandonment, and that such abandonment "will adversely affect the public interest."
4. The four lines: "While the commuters and the sum- mer residents who use the line and the merchants who principally serve the summer residents of the territory will be inconvenienced."
A definite admission by the Commission, abandonment would violate the statute which distinctly states it to be permissable only when it can be done "Without unduly or adversely affecting the public interest."
5. Witnesses-Officials, Businessmen and Residents- not alone the much unwelcomed "Commuters" testified at such length and in such numbers at the first hearing that abandonment could not be permitted "Without unduly or adversely affecting the public interest," that the examiner refused to hear any more of them.
Neither at the second hearing in Duxbury, July 28, 29, 30, 1938, in the reports following, or at the Oral Argument in Washington, was anything presented to controvert all this testimony that abandonment would unduly and ad- versely affect the public interest.
Evidently, the Commission itself was in doubt if Public Interest would permit it to revoke its previous finding of denial, but to make it seem permissible, added a Proviso as follows:
"Provided however and this certificate is issued upon the express condition, that within 60 days from
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its date the said trustees shall sell all or any part of the line authorized to be abandoned, to any person, firm, or corporation offering to purchase same for con- tinued operation and willing to pay, therefore, not less than the fair net salvage value thereof."
If a purchaser at scrap value was to be permitted to operate why should not the Old Colony have continued without the sacrifice of half a million dollars.
Unprepared for such a purchase and finding negotiations for purchase and operation required more than sixty days, the committee sought and were granted an extension to May 25, and again to June 25, 1939. Numerous persons considered the purchase, visited and examined the line and conferred with members of this committee.
Encouraged by this interest, but to make sure that any obligation assumed would be protected and continued operation permitted, inquiry developed the opinion:
"I do not see how the Commission could in any case find that the public convenience and necessity require acquisition and operation of a line and at the same time find that public convenience and necessity permit the abandonment thereof."
No one would care to purchase, even at scrap price, with the obligation to continue operation without assurance operation would be permitted by the I. C. C.
When it became known the line had been sold for destruction, an appeal for help was made to the Special Commission to Investigate Railroad Transportation Activ- ities within the Commonwealth, appointed by Governor Saltonstall.
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They replied they had asked the purchaser "To hold up removal of the rails until the Commission has had an opportunity to look further into the matter." "The Com- mission has looked into the sale of the rails and finds that it is apparently a legal sale and that the approval of the New Haven Federal Court is not needed inasmuch as it involves less than ten thousand dollars.
In the Return to Questionnaire Certified April 27, 1937, the gross salvage value, exclusive of land and buildings, was $46,199. Later it was testified by the Applicants "Analyst" the cost of salvage would be $600 per mile which for 14.2 miles would be about $8520, which, deducted from the gross, would leave $37,791. The cost of removing the rails was but a fraction of the total cost of salvage. So it is apparent the "Less than $10,000" was only the cash received, the total value received would include the cost of removal and "plugging" some twenty-seven thousand ties, the restoration of grade crossings, removal of bridges, including the North River, 202 feet long.
Less than ten thousand dollars for an "investment cost," exclusive of land, of $495,000 including more than $140,000 contributed by Duxbury and Marshfield.
Your committee had been granted permission, in event the I. C. C. permitted abandonment, to make appeal to the court to withhold demolition. By arranging the sale so "It involves less than $10,000" and that the approval of the New Haven Federal Court is not needed," when the appeal was made "the matter of sale was out of his hands."
I. C. C. Rules of Practice prescribe "All persons appear- ing must conform in such proceedings to the standards of ethical conduct required of practitioners before the courts of the United States."
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The petition for reconsideration filed by this committee recites many instances of what laymen consider unethical practice yet the Commission ignored them. What can be offered in excuse for such a statement as: If Duxbury voted to raise and appropriate a sum of money it would not be available, could not be paid until the taxes had been collected 100%. Even after this error was called to the attention of the I. C. C. it was repeated.
Of course, it is dangerous practice for laymen to at- tempt the interpretation of the law, and only because counsel had failed them, did the committee venture.
What does the reader understand to be the meaning of "Every vote and official act of the Commission or of any division thereof, shall be entered of record, and its pro- ceedings shall be public upon the request of any party interested."
Your committee understood it to mean that as "any party interested" they were entitled to know what took place when the Commission considered their petition.
It transpired that in addition to all the reports, etc., which this committee has, the Commission was furnished with "A memorandum of nine pages from the Director of our Bureau of Finance analyzing the petitions-
"It is not our practice to make public memoranda of this kind."
This is the important feature.
In the Report accompanying the Commission's order of January 29, 1939, there was a grievous error, most predjudicial to protestants' cause viz. (Sheet 3).
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"Freight handled on the segment in the first six months of 1938 amounted to 3818 tons as compared with 5062 tons in the same months of 1937, a de- crease of 24%. New Haven system freight traffic increased 26.9% in the first five months of 1938 over the same months in 1937.
"Had this original report been confidential to the Commission, they might never have known the truth, but from the Amended Plan of Re-organization filed by the N. Y. N. H. & H. R. R., (Page 5) Beginning in the fall of 1937 and continuing through the first half of 1938, operating revenues showed a somewhat pre- cipitous decline. The volume of freight traffic was lower than in any prior year of the depression."
When your committee asked the Director of the Bu- reau of Finance where such a statement of the decrease and increase as reported was to be found in the record, the answer was "The word 'Increased' should have been 'Decreased'."
This would make the paragraph read: "Freight handled on the segment in the first six months of 1938 amounted to 3818 as compared with 5062 tons in the same months of 1937, a decrease of over 24 per cent. New Haven system freight traffic decreased 26.9 in the first five months over (?) the same months in 1937.
Something more than the substitution of "Increase" for "Decrease" by error is manifest here. Why compare first five months with first six months. Likewise is questionable the correct version "Decreased" 26.9% over the same months, 1937.
It was reasonable to expect a great Public Service or- ganization like the I. C. C. would have the courtesy to
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express appreciation to one who called attention to an error which if made by a petitioner in a rate case the I. C. C. would throw him out. But no, and resentment is indi- cated by the unfavorable addition.
Now if this is a fair sample of a confidential communi- cation intended to aid the Commissioners in their consid- eration of matters coming before them simple justice de- mands such advices be made public to the interested parties before a final decision is rendered.
For two years the Commission has sought Congress to amend the law to permit the punishment of persons mak- ing a false statement in "Returns." In a Rate Case, the application would be rejected. In this case many false statements have been called to the attention of the Com- mission yet they grant the application as if the truth had been asserted.
The protestants predicament is summed up in the Sat- urday Evening Post:
LEGAL ADVICE By Arthur Guitirman
"Before you go to Court Though just your cause Let this consideration give you pause Justice, indeed, is never bought, and yet it May cost the injured much too much to get it."
Throughout these proceedings, the absence of ethical practice is to be noted, which may explain the remark of
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one of the applicants when "Ethics" was mentioned in a discussion of the decision. He responded, "Ethics? What have ethics got to do with it? We've got a decision of the Interstate Commerce Commission."
It would seem he was right.
The Town of Duxbury owns sixty-two (62) shares of stock in the Old Colony Railroad. While it is generally re- ferred to as "Bankrupt," the Pennsylvania Railroad finds a value of $49,324,129, based on the property being 66% conditioned.
Deducting Old Colony debt at par $15,749,200 leaves an equity for Old Colony stockholders of $33,574,929.
The Supreme Court of the United States recently awarded Old Colony a verdict against the
N. Y., N. H. & H. R. R. of some $39,000.000 the Equipment due Old Col-
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