USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1888-1889 > Part 4
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The treasurer's report is hereto annexed.
We respectfully ask for an appropriation of $700 by the town to carry on the work of the library during the present year.
ASA FRENCH, HENRY A. JOHNSON, F. A. HOBART, N. H. HUNT, J. M. BEALS,
Board of Trustees.
Braintree, Feb. 1, 1889.
73
TREASURER'S REPORT.
1
RECEIPTS.
Balance in hands of Treasurer, Feb. 1,
1888, .
$294 12
From Town Treasurer, one year's interest on note,
400 00
Town appropriation, .
700 00
From Librarian for fines,
32 33
$1,426 45
EXPENDITURES.
Paid Cutter Tower Co., catalogues, $485 00
A. M. Arnold, Librarian, .
300 00
E. F. E. Thayer, insurance,
150 00
J. F. Sheppard & Sons, coal,
76 47
Patrick Moils, coal
34 75
Estes & Lauriat, books and binding,
238 57
Samuel Ward & Co., books,
2 60
Houghton, Mifflin & Co., books,
5 50
Henry C. Nash, books,
18 00
John F. Murphy, magazines,
1 50
Magazines and printing,
12 22
F. W. Nash, cards,
3 50
Rice & Barnard, repairs,
28 16
Bradford & Clark, varnishing,
11 70
O. M. Rogers, grate, etc.,
8 50
F. A. Oliver, filling boiler, 2 00
Braintree Water Supply Co., piping, 31 29
Town of Braintree, kindlings,
3 60
A. M. Arnold, incidentals,
3 28
Massury & Co., oil,
8 66
T. B. Stoddard, glazing,
1 15
$1,426 45
N. H. HUNT, Treasurer.
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LIBRARY.
The committee appointed by the town to investigate the relation of the Thayer Public Library to the town, report as follows :
On May 16th, 1870, a town meeting was held at which the following article was presented: "To see if the town will ap- propriate the sum of ten thousand dollars towards the erection of a fire-proof building for a Free Public Library in the town upon the following conditions, namely : That General Sylvanus Thayer shall provide and pay whatever additional sum may be required to complete said building and shall give the further sum of ten thousand dollars as a permanent fund for the main- tenance of said library." Also, "To choose any committee and take any further steps necessary or proper to carry out the vote on the previous article."
It is to be observed that these articles clearly define the nature and extent of the business to be transacted. No one could justly complain that a full and distinct notice had not been given of what was desired or expected of the town.
" After a free and thorough discussion, it was voted almost unanimously, that the proposition of General Sylvanus Thayer to the town respecting a Free Public Library be accepted."
The following communication from General Thayer was then received and read by Asa French, Esq .:
To the Citizens of the Town of Braintree :
GENTLEMEN - To establish a Free Public Library in this town, I propose to erect a fire-proof building suitable for the purpose, towards the cost of which the town shall contribute the sum of ten thousand dollars ($10,000), the amount needed to complete the building to be paid by me. And I will loan to the town the said sum of ten thousand dollars for such time as it shall require it, to comply with this offer, at six per cent. interest.
75
Upon the acceptance of this proposition by the town, I will give the further sum of ten thousand dollars ($10,000) as a perma- nent fund, the income of which shall annually be devoted to the maintenance of said library. Should the town take favorable action upon this matter, I shall be happy to confer with a committee with reference to the immediate consummation of the project.
Respectfully,
Witness, Livia A. Wilde.
His S. (x) THAYER. mark
In compliance with the wish of General Thayer, a committee of five, consisting of Asa French, F. A. Hobart, from the south part of the town, Alva Morrison, Charles H. Dow, from the north, and Edward Avery from the east, was chosen " to confer with Gen. Thayer, with full authority to act for the town in locating said library building, and in carrying out the plan covered by this proposition."
A similar proposition had been made a few years before by Gen. Thayer, which, as he once remarked, "the town rejected, as it had a right to do; but it rejected it with scorn, which it had no right to do."
As neither time nor the grave had entirely extinguished the " scorn," a town meeting was called on the 27th of October, 1870, " to see if the town will rescind the vote whereby they voted to accept the proposition of General Sylvanus Thayer for the erection of a Free Public Library, and appropriated the sum of ten thousand dollars for the same." This article was thoroughly discussed after a motion to rescind was made. The question was then taken and declared by the Moderator not a
vote. That being doubted, the house was polled, when it appeared that 219 had voted to rescind and 328 against rescind- ing. It was also voted that Warren Mansfield, Joseph A. Arnold and Jacob S. Dyer, from the south part of the town, be added to the committee.
On April 7th, 1873, nearly three years after the proposition of General Thayer had been accepted, a special town meeting was held, the second article of the warrant calling it reading, " to see
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if the town will choose two trustees of the Thayer Free Public Library, and determine the time said trustees shall serve, also to determine the time and manner in which said trustees shall hereafter be chosen."
It is to be observed that this article calls for the election of two trustees only, and it was voted that N. Hunt and N. F. T. Hayden be chosen to serve for two years.
Chapter 27, Section 55, of the Public Statutes, reads : "The warrant shall express the time and place of the meeting, and the subjects there to be acted upon ; and nothing acted upon shall have a legal operation, unless the subject matter thereof is contained in the warrant." The power of choosing trustees under this article was exhausted when the two were elected. But, immediately after this election, "the committee of the town on the Thayer Free Public Library made the following report :"
" By a contract made between the town and General Sylvanus Thayer, it was agreed that the town should contribute the sum of ten thousand dollars ($10,000) towards the expense of erect- ing a building for a Free Public Library for the use and benefit of the town, the cost of the building above that amount to be defrayed by General Thayer. The plan for the library building was very carefully prepared under his personal supervision and in consultation with your committee, but the work of erecting it had not commenced at the time of his decease." " His executors, however, recognizing the contract as binding upon his estate, have set apart the sum of twenty thousand dollars ($20,000) to be applied in the erection of said building in addition to the sum appropriated by the town for that purpose, and also the sum of ten thousand dollars ($10,000) for a perma- nent fund for the support of the library. A lot of land has been purchased by subscription as a site for said building, which is now held in trust, to be conveyed to the trustee of the library when appointed, for the uses and purposes named in the proposi- tion of General Thayer to the town concerning the library. Con- tracts for the erection of the building have also been executed and the work thereon about to be commenced. We expect it will be completed during the coming season., It now remains to fix the number of the trustees and the manner in which they shall be
77
selected. The wish of General Thayer, frequently expressed in his lifetime, was, that the trustees should consist of five mem- bers, all citizens of Braintree, and a majority of whom should be appointed by him. This object of securing to himself the right to name a majority of the board, was to remove the management of the library, as far as possible, from political, sectarian and sectional influence. The trustees of the School Fund, established by him for the benefit of the town, coincide in the wisdom of this plan, and have expressed a willingness to act as his repre- sentatives in naming three of the library trustees. The under- signed therefore respectfully recommend to the town that the members of the library trustees be permanently fixed at five, three of whom shall be appointed by the trustees under the will of General Thayer, and the remaining two shall be chosen by the town to serve for such time as it may determine, and that the vacancies occurring in the members of the board appointed by the trustees under said will shall be filled by said trustees or by any corporation which may succeed to their rights and power under said will.
ASA FRENCH,
For the Library Committee."
The foregoing report was accepted and adopted.
It appears by this report that General Thayer had contracted with the town to build a Free Public Library, and that the only condition was that the town should give ten thousand dollars toward its building. There is no condition that he or his repre- sentatives should elect any number of trustees whatever. Nor does this report claim that he or his representatives had this right, or were under obligations to do so. It was "the wish of General Thayer frequently expressed in his lifetime."
Who had ever heard of this wish before this report was made'; and why should this wish, if expressed, be gratified ?
It is true "that his executors, recognizing the contract as binding upon the estate," completed the contract as they were bound to do. After having done that they had no further right of interference. "The trustees of the school fund, established by him for the benefit of the town, coincide in the wisdom of
1
78
this plan, and have expressed a willingness to act as his repre- sentatives in naming three of the library trustees !" Who had ever asked them ? How did they know anything about this matter, since General Thayer does not make the slightest mention of his contract with the town in his will, unless it be, in the language of that instrument, " My intention and my will is that the above mentioned sum, not exceeding sixty thousand dollars of said trust fund, the amount within that limit being left to the discretion of said trustees, to be applied by said trustees to the pur- chase of land in the said town of Braintree, and the erection thereon of a suitable edifice or edifices for an academy, shall be, in addition to the sum of twenty thousand dollars, to be furnished by the said town of Braintree, or by individuals for the purpose ; and in case said town of Braintree, or individuals, shall not fur- nish said sum of twenty thousand dollars for said purpose within a reasonable time, in the opinion of my trustees, or a majority of them, in such case, my said trustees are authorized, if they think proper, to locate said academy in either the towns of Quincy or Randolph, in said County of Norfolk, in the discretion of said trustees, said trustees being at liberty to make such terms as they may think proper with either of said towns of Quincy or Randolph in relation to locating said academy in such towns."
A very remarkable condition to attach to a bequest which no town can legally fulfil. Article 18 of the constitution says, " All'moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be appro- priated by the State for the support of common schools, shall be applied to, and expended in no other schools than those which are conducted according to law, under the order and superin- tendence of the authorities of the town or city in which the money is to be expended; and such moneys shall never be ap- propriated to any religious sect for the maintenance, exclusively, of its own schools."
The legal adviser of General Thayer knew, on the 10th day of July, 1871, when this will was made, that the town could not safely comply with it, and he knew equally well on the 7th of April, 1873, when he said, " The trustees of the school fund established by him for the benefit of the town," that he was
79
concealing an important fact which the town had a right to know, and which he as a trusted agent of the town was under obligation to tell. " Suppressio veri suggestio falsi."
According to this report, remarkable for what it does not say, and equally remarkable for what it does say and the manner of saying it, the citizens of Braintree should be overwhelmed with gratitude that the five trustees should be citizens of the town, two of which might be elected by the town, to serve for such time as it may determine, and three should be appointed by trus- tees under the will of Gen. Thayer, to serve for life. Wonder- ful condescension! Where in history can there be found such another instance of considerateness on the part of usurpers ?
This report would be extended beyond reasonable limits were attention called to all the points justly entitled to criticism.
The equitable title to the land and library is in the town and cannot be alienated.
The action of the town was only what the warrant called for- to elect two trustees for the Thayer Free Public Library. Nor does it appear that there was an article in the warrant to hear reports and act thereon. Nor that the trustees of the Thayer Academy claim any right to elect trustees of the Public Library, except what the town gave them, which, legally, was none at all.
But it appears from the records that without the shadow of law, justice or right, they sent the following communication to the Selectmen :
BOSTON, June 30, 1873.
To the Selectmen of the Town of Braintree :
At a meeting of the trustees under the will of General Sylvanus Thayer, late of Braintree, held this day, the votes of that town passed at the meeting of April 7th, A. D. 1873, relating to the Thayer Free Public Library, were communicated to the trustees, and it was thereupon voted that Messrs. Asa French, Francis A. Hobart and Henry A. Johnson be and hereby are appointed to be trustees of the library aforesaid, and that the said appoint- ments be notified to the town of Braintree through the Selectmen thereof by the Secretary of this Board.
A TRUE COPY OF THE RECORDS.
Attest : W. S. DEXTER, Secretary.
-
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The land on which the library is built was secured as follows :
February 11, 1871, Nathaniel M. Hobart, in consideration of twelve hundred dollars, conveyed by deed the lot of land on which the library stands, containing 43,106 square feet, to Asa French and Francis A. Hobart, recorded in book 404, page 148, of Norfolk Registry of Deeds. A written declaration of trust under seal was executed by Messrs .. French and Hobart, who transferred the land by deed to George A. Thayer, and he in turn conveyed it to the library trustees, Asa French, Francis A. Hobart, Henry A. Johnson, N. H. Hunt and N. F. T. Hayden, " in strict trust, nevertheless, to hold, manage and control the same forever, for the use and purposes of a Free Public Library for said town of Braintree, under such reasonable and proper regulations as said trustees, and their successors in said trust, shall, from time to time adopt."
These two last named deeds were simultaneously recorded in Norfolk Registry of Deeds, May 16, 1874, book 454, pages 285 and 286.
Chapter 304, Section 1, of the Acts and Resolves passed by the Legislature of Massachusetts during the session of 1888, is : " Every town which raises or appropriates money for the support of a free public library, or a free public library and reading room, that is owned by the town, shall at its annual meeting, or at a legal town meeting, appointed and notified for that purpose by the Selectmen, elect a board of trustees, except in cases where such library has been or may be acquired by the town, in whole or in part, by some donation or bequest containing other conditions or provisions for the elections of its trustees, or for its care and management, which conditions or provisions for the election of its trustees, or for its care and management, which conditions have been accepted and agreed to by vote of the town." It is not claimed by any one that General Thayer bequeathed by will any thing to the town, and the only condition of his gift was that the town should contribute ten thousand dollars towards the building of the library. The town must therefore conform to this act. It can only determine whether there shall be three, six or nine trustees. Your committee would recommend that the number be six.
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We would further recommend that the town consider the pro- priety and desirability of changing the title of the library to " The Braintree Free Public Library," instead of its present title, " The Thayer Free Public Library."
It seems to your committee very desirable that the inquiry should be made whether the twenty thousand dollars given to the trustees of the Thayer School Fund may be recovered from the estate of the Town Treasurer, who illegally paid it out, or from his bondsmen, or from the trustees of the Thayer School Fund. And if the money cannot be recovered, to ascertain if its payment does not give the town the right to control the Thayer Academy.
All of which is respectfully submitted,
ALVERDO
MASON,
For the Committee.
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WARRANT FOR TOWN MEETING.
NORFOLK, ss. To either of the constables of the town of Braintree, GREETING :
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the town of Braintree, qualified to vote in town affairs, to meet at the Town Hall, in said Braintree, on Monday, the fourth day of March, 1889, at eight o'clock in the forenoon, to act on the following articles, namely :
ARTICLE 1. To choose a Moderator to preside at said meeting.
ART. 2. To hear the report of the several town officers, and act thereon.
ART. 3. To determine the manner of repairing the highways and bridges for the ensuing year.
ART. 4. To choose all necessary town officers for the ensuing year, and also to vote on the following question, as required by Chap. 54 of the Acts of the year 1881, namely : "Shall licenses be granted for the sale of intoxicating liquors in this town ? "
ART. 5. To see what action the town will take in relation to hiring money for any purpose.
ART. 6. To raise and appropriate such sums of money as may be necessary to defray the expenses of the town for the ensuing year.
ART. 7. To see if the town will accept the jury list as made by the Selectmen.
ART. 8. To see if the town will vote an appropriation of $150, and pay the same to the General Sylvanus Thayer Post, G. A. R., for the purpose of assisting them in defraying the expenses of memorial services on Memorial Day.
ART. 9. To see how the town will vote to pay the members of the Fire Department.
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ART. 10. To see if the town will vote to raise and appropriate such sums of money as may be needed to pay the interest on the water bonds and for the sinking fund established for the pay- ment of said bonds.
ART. 11. To see if the town will vote to charge interest on all taxes that remain unpaid after a certain date.
ART. 12. To see if the town will vote, in connection with the town of Weymouth, to enlarge the waterway at Smelt Brook, and appropriate money for the same.
ART. 13. To see if the town will take any action relating to sewerage or drainage.
ART. 14. To see if the town will elect six Trustees of the Thayer Public Library, in' accordance with the provisions of Chap. 304 of the Acts and Resolves of the Legislature of 1888.
ART. 15. To see if the town will vote to lay a new floor in the Town Hall, and appropriate money for the same.
ART. 16. To see if the town will vote to pave the gutters on Monatiquot Heights, and appropriate money for the s ame.
ART. 17. To see if the town will appoint a committee to consider the best method for lighting the streets and public buildings of the town, and to report thereon at any town meeting held thereafter. 1
ART. 18. To see if the town will take into consideration the matter of enlarging the waterway at Cart Bridge, and to take, such action thereon as may be deemed necessary.
ART. 19. To see if the town will accept that portion of Tremont street, extending from Taylor street to Central avenue, as laid out by the Selectmen, and appropriate money therefor.
ART. 20. To see if the town will accept Bowditch street, leading from Front street, in the east part of the town, as now laid out.
ART. 21. To see if the town will vote to change the title Thayer Public Library to Braintree Free Public Library.
ART. 22. To see if the town will vote to purchase two hook and ladder trucks, remodel the engine houses in the east and south parts of the town fit for the occupancy of the same, and appropriate the sum of $3000, to defray expense of same.
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ART. 23. To see if the town will widen, straighten and build retaining walls on Quincy avenue, and raise and appropriate money for the same.
ART. 24. To see if the town will choose a committee to select £ a location and get plans and specifications for the erection of a High School building in the north part of the town.
ART. 25. To see if the town will authorize the Selectmen to compensate B. J. Loring, Jr., for losses incurred by him while in performance of his duties as constable of the town.
ART. 26. To see if the town will sell a strip of land on the easterly line of the poor farm about fifteen feet in width on the street, running back to nothing about fifty-five feet from said street.
ART. 27. To choose, in accordance with the provisions of Chap. 123 of the Acts of the year 1877, three discreet persons by ballot, whose duty it shall be to inspect the Monatiquot river, to cause the regulations respecting fisheries therein to be carried into effect, and to prosecute all violations thereof.
ART. 28. To see if the town will accept Standish avenue as laid out by the Selectmen, and appropriate $150 to build the same.
ART. 29. To see if the town will accept Myrtle street, Spruce street, and Vine street, as shown upon a plan of land belonging to Edward Reed, made by Charles A. Pierson, in September, 1887, and as laid out by the Selectmen.
ART. 30. To see if the town will accept the new road leading from a point on Middle street, opposite the residence of George Wales, to a point on Union street, opposite the residence of John Rennie, as laid out by the Selectmen, and appropriate money to build the same.
ART. 31. To see if the town will vote to build a sidewalk on Hancock and Washington streets extending from the resi- dence of Michael Brandley to that of the heirs of John H. Thayer, and raise and appropriate money for the same.
ART. 32. To see if the town will vote to build an armory for Company K, and choose a committee and appropriate money therefor. 1
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ART. 33. To choose any committee or hear the report of any committee, and act thereon.
You are to give notice of this meeting by posting true and attested copies of this warrant in not less than nine public places in this town, seven days, at least, before the time of said meeting, and by publishing once in the Braintree Observer.
Hereof fail not, but make return of this warrant, with your doings thereon, to the Town Clerk, before the time of said meeting.
Given under our hands, at Braintree, this eighteenth day of February, in the year of our Lord one thousand eight hundred and eighty-nine.
ANSEL O. CLARK, J. FRANKLIN BATES, NATHANIEL F. HUNT,
Selectmen of Braintree.
1
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REPORT OF TOWN CLERK.
In accordance with the By-laws of the town the Town Clerk submits the following report :
MARRIAGES.
1888.
NAME,
RESIDENCE.
Jan. 7. George Lyman Shaw,
Marie Selena White,
11.
Elisha Dexter Bower,
Sarah Ann Sproul,
12. John Ralph Arnold
66
Sarah Ella Torrey,
66
12.
John Francis Adams,
Emma Hannah Lent,
Cambridge.
20.
Horace Page Potter,
Braintree.
Eleanore Sundmacher,
Newton.
21. Wesley Lincoln Woodsum,
Braintree.
Mary Elizabeth Ryan,
27.
Jeremiah Donovan, Mary Jane McClosky,
Cambridge. Braintree.
29. William Hill, Elizabeth Carmichael,
66
Feb.
2.
Fred Gilbert Morrison,
Boston.
7. James Edward Maginnis, Helena M. Keith,
Randolph.
21. Henry Warren Mansfield, Philomena Learned,
Braintree.
April 4.
John Francis Welch, Hannah Frances Kenney,
66 Weymouth. Braintree.
.
5. James Downs, Mary Ann Coughlin,
Somerville.
7. Frank Willard Flanders, Lizzie Lyne,
Braintree. 66
12. Harry Foster South, Lucy Gertrude Bedee,
Dover, N. H.
66
66
Anna Isabel M. Johnson,
Braintree.
66
Braintree. Weymouth. Braintree. 60
66
87
NAME.
Edward James Hughes, Sarah Fullerton,
RESIDENCE. Braintree. 66
66
6.
James B. Jones, Mabel Bacon,
14.
Frank Gay Hunt,
Mercy Bassett Dimmick,
Braintree.
19.
Thomas Barnes Stoddard,
66
27. Arthur Kerley, Mary Carmody,
66
July
1.
John Sherman Manter, Susie Whiting Snow,
66
27. Frank E. Bayles,
Boston.
Cora B. Hunt,
Aug. 16.
George Henry Rowell, Annie Bridan,
Braintree. Marshfield.
Sept. 1.
Frank Elmer Hurd,
Woburn. Braintree.
3. Hans Prior, Louise Branch Pratt,
Bonn, Germ. Braintree.
12. Matthew William Alderson, Mary Elizabeth Long,
Braintree.
22. John DeCosta, Esther Jones,
Randolph. Braintree.
22.
Edward Gardner Buker, Annie May Whitehouse,
66
24.
Patrick Joseph Hennessey, Julia Winifred Mahoney,
Quincy.
Oct. 3.
James Frank Holbrook, Amanda Jane Savil,
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