USA > Massachusetts > Norfolk County > Braintree > Town annual report of Braintree, Massachusetts for the year 1934 > Part 5
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There being 188 in favor of the amendment and 121 in the negative, the amendment was carried.
The original motion as amended : An adjournment of this Meeting for one hour and that the Finance Committee retire and have the report here in one hour -Carried.
Voted to adjourn for one hour.
The adjourned Special Town Meeting was called to order at 9:00 P. M. by Moderator William F. Rogers. There was a quorum of voters present.
Mr. Grady state that: Because of lack of time to properly prepare a report for the citizens of this Town, the Finance Committee is unable to bring in a printed recommendation and therefore move: An ad- journment until one week from Monday night, No- vember 19, 1934, at 7:45 P. M.
Mr. Clifford Taylor asked the Moderator for a rul- ing as to the legality of the meeting. The Moderator replied that he did not decide legal questions. Mr. Taylor asked if the Town Counsel was in the room and would answer the question. The Town Counsel was not presesnt.
The vote on the motion for adjournment being doubted, the Moderator appointed the following to act as tellers : Messrs. Baker, Jenkins, Patten, Spring, Cummings, Gillette, Bryant, Greenough.
There being 164 in the affirmative and 193 in the negative, the motion was not carried. 9:50 P. M.
ARTICLE 1. Mr. Oakman stated that Avis A. Thayer, late of Braintree, left $500.00 to the Town of Braintree, in trust, the income to be used for prizes for the third grade in the Hollis School. Mr. Oakman
97
moved: The acceptance of that bequest under the conditions of the will. Carried 9:52.
ARTICLE 2. Mr. Oakman moved: That the issue of $150,000, 31/4 per cent Sewerage Loan bonds of the town (Nos. 1 to 150) dated September 1, 1934, payable September 1, $8,000 in each of the years 1935 to 1944 inclusive and $7,000 in each of the years 1945 to 1954 inclusive under authority conferred by vote of the Town passed under Article 4 of the war- rant for the special town meeting held November 27, 1933 and the execution on behalf of the Town of a grant agreement with the United States of America in connection with the same project, including the reso- lution of the board of Selectmen adopted October 1, 1934, the signing of such grant agreement by the se- lectmen, and the attestation thereof by the town clerk, under the authority of the same vote of the town, are hereby ratified, validated and confirmed as valid acts of the Town. Unanimous vote-9:55.
ARTICLE 3. Mr. Avery moved: That the Town accept the lay-out of OLD NORTH STREET, as laid out by Selectmen, according to plans prepared by the Department of Public Works and on file with the Town Clerk of Braintree. Unanimous vote-9:56.
ARTICLE 4. Mr. Avery moved the adoption of the following amendment to the By-Laws under Sec- tion 2 of Article 10 :
1. Before any opening or obstruction is made in or any materials are placed on a public way or a way under control of the Town of Braintree, either by a department of the Town or a private individual or corporation, application for a permit shall be made to the Board of Selectmen, upon forms provided by the Board of Selectmen for that purpose.
98
2. Before such permit is granted, an applicant other than a town department shall. file a bond in a sum satisfactory to the Board of Selectmen, condi- tioned upon the faithful discharge and performance of every duty and requirement imposed by statute, by law of the Town or regulation of the Board of Select- men applicable thereto, and upon conformance to all directions of the Superintendent of Streets relating to the work to be done under such permit, and upon the payment of all expense and damage incurred by the Town or recovered from it by reason of or in connec- tion with such occupation, pening or work.
3. Permits will designate the points where open- ings may be made in or the materials may be placed on the streets and where entry may be made into the public works of the Town, in accordance with what the Selectmen shall consider for the best interest of the Town and the preservation of its streets. No de- partment, person or corporation shall open a street at any point not designated in such permit.
4. Inasmuch as the proper resurfacing of the streets cannot be done immediately after an opening has been made and closed, all applicants will be re- quired to make a payment at the time of application, of a sum equal to $3.00 per square yard of surface of street to be opened under the permit applied for, to cover the expense to the Town of subsequent resur- facing of the street, provided, however, that depart- ments of the Town and public service corporations may be excused from making prior payment upon satisfactory assurance being given that the above amount will be paid, or an amount equal to the cost of said resurfacing.
Unanimously voted to adopt this amendment- 9:59.
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ARTICLE 5. Mr. Avery moved that Article 5 be laid on the table. So voted.
Mr. Avery moved to take Article 5 from the table -Carried.
The necessary information not being obtainable at this time, Mr. Avery moved that Article 5 be laid on the table. Carried 10:02.
ARTICLE 6. Chief Heaney moved : That the sum of $733.52 be raised and appropriated for the Police Department. Carried 10:13.
Mr. Grady stated that he rose to the point of an illegal meeting and wished this statement incorporated in the records.
Mr. Avery moved that Article 5 be taken from the table. Carried.
ARTICLE 5. Chief Tenney moved : That the sum of $1,136.49 be raised and appropriated for the Fire Department. Carried 10:15.
ARTICLE 7. Mr. Avery moved : That the sum of $12,042.01 be raised and appropriated for the Wel- fare Department. Carried 10:18.
ARTICLE 8. Mr. Avery moved : That the sum of $1,973.41 be raised and appropriated for Soldiers' Re- lief. Carried 10:20.
ARTICLE 9. Mr. Avery moved : That the sum of $3,000.00 be raised and appropriated for Old Age As- sistance. Unanimous vote-10:21.
ARTICLE 10. Mr. Avery moved: That the sum of $1,650.00 be raised and appropriated for the High- way Department: $1,400.00 of this amount to be used
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for patching of Union Street from the Railroad Cross- ing to the River Bridge and $200.00 for patching in front of the Braintree High School Carried 10:24.
ARTICLE 11. Mr. Avery moved: No action.
ARTICLE 12. Mr. Avery moved: That the sum of $500.00 be raised and appropriated for Miscellan- eous Expenses: $315.00 of this to be used to build a new office for the Tax Collector the balance to be used for Miscellaneous Expenses. Carried 10:30.
ARTICLE 13. Mr. Avery moved that Article 13 be laid on the table. So voted.
ARTICLE 14. Mr. Avery moved that the sum of $215.61 be raised and appropriated for Expenses of Election and Registration. Carried 10:32.
ARTICLE 15. Mr. Brousseau moved: That there be raised and appropriated from sewer assessments $2300.00 for the use of the Sewer Department. Car- ried 10:34.
Mr. Foley offered the following resolution: That adjustments and refunds be made by Sewage com- mission of the Town.
Resolved that I appeared at the Finance Commit- tee hearing in November 1933 and brought forth the fact on corner lot, that said lot would be assessed on one street only.
This was brought up at the special town meeting in November 1933 and so voted. It now appears that the Sewer Commission claim the right under some general law that they have the right to assess corner radius.
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These curves have been made and are being made for automobile users and are for the benefit of all. These assessments being contrary to the voters' inten- tion at the special town meeting November 1933. In all cases where assessments made that the Town will refund amount collected or adjustment on pending claim.
So voted.
ARTICLE 16. Mr. Brousseau moved : That there be raised and appropriated from House Connection Deposits, the sum of $2500.00 for House Sewer Con- nections.' Carried 10:42.
ARTICLE 17. Mr. Hunt moved: That there be raised and appropriated the sum of $1,471.34 to pay Clarence R. Bestick for supervision, materials, and trucking furnished by him on behalf of the Town in connection with C. W. A. Project No. 812. Carried 10:46.
ARTICLE 18. Mr. Avery moved : That under this article the Water Commissioners be authorized to transfer to the Town Treasurer an amount equal to the 15% salary reduction taken from the Water De- partment employees in the year 1934, that amount to be turned over to the Town Treasurer to be used to defray the general operating expenses of the Town. Carried 10:55.
ARTICLE 19. Mr. Avery moved : That the Elec- tric Light Commissioners be authorized to transfer to the Town Treasurer an amount equal to the 15% sal- ary reduction for the year 1934 taken away from the employees of the Electric Light Department and that this amount be turned over to the Town Treasurer to be used to defray the general operating expenses of the Town. Carried 10:59.
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1
Mr. Avery moved that Article 13 be taken from the table. So voted.
ARTICLE 13. Mr. Avery moved : That the sum of $1,578.06 be raised and appropriated for unpaid bills for 1932 and 1933. Carried.
ARTICLE 20. Mr. Avery offered the following Resolution: WHEREAS, the financial and economic disturbance of 1932 having adjusted itself, and there being no necessity to continue further the drastic re- duction in salaries of employees of the Town of Brain- tree, and WHEREAS, it being the policy of both Fed- eral and State Governments to restore salary reduc- tions-
BE IT RESOLVED, That the Town of Braintree, in its Special Town Meeting assembled, vote to follow the policy of both Federal and State Governments in salary restoration and do hereby proclaim no further necessity exists to warrant the continuance of salary reduction and do hereby vote to restore all salaries in the various divisions, including the full comple- ment of permanent officials and employees of the Town of Braintree, as of January 1st, 1935.
Carried-11:05.
Mr. Avery moved to adjourn - So voted 11:06
. P. M.
A true. copy. Attest :
ERNEST C. WOODSUM. Town Clerk.
The legality of the foregoing Special Town Meet- ing and of all action taken at said Special Town Meet- ing having been questioned, the matter was taken to
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The Superior Court in Equity - Judge Abraham E. Pinanski, presiding.
The following is a true copy of the AGREED STATEMENT OF FACTS AND FINDINGS, RULINGS AND ORDER FOR DEGREE: 1
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, ss
SUPERIOR COURT IN EQUITY No. 29579
BERNARD A. ANDREWS, et als.
V. INHABITANTS OF THE TOWN OB BRAINTREE,
et als.
FINDINGS, RULINGS AND ORDER FOR DECREE
This cause came on to be heard before me upon the pleadings and upon a "Statement of Agreed Facts" which the parties presented and which is at- tached hereto and made a part hereof, together with Exhibits numbered 1, 2 and 3. No further testimony was presented. I find the facts as they appear in the said "Statement of Agreed Facts." I further find and rule that the Finance Committee acted seasonably in the time available to it under all the circumstances did not have sufficient time in which reasonably to consider the articles in the Town warrant under which an appropriation or expenditure of money or disposal
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of any of the property of the Town might be made and to report in print its recommendations to the Town meeting called for November 9, 1934.
I am of the opinion that Sections 7 and 8 of Ar- ticle 111 of the By-Laws of the Town of Braintree are more than mere rules or parliamentary procedure and I so rule. I further rule that the provisions of said Sections 7 and 8 of Article 111 were not complied with and, upon the facts as I have found them, they constituted conditions precedebt prescribed by the Town By-Laws to the "appropriation or expenditure of money or disposal of any of the property of the Town." In view of the foregoing findings and rul- ings, it becomes unnecessary to pass upon the legality of the adjourned special Town Meeting. No notice of this "adjourned meeting" was posted by the Town Clerk at the Town Hall in accordance with Section 5 of Article 1 of the By-Laws. I am of the opinion, how- ever, that the "adjournment", so-called, was in the nature of a recess or intermission and not an adjourn- ment of the Town Meeting within the meaning of said Section 5 of Article 1, and if it is material I so rule.
Of the "Defendants' Request for Rulings" I give requests numbered 1, 2, 3, 10, 11, 12, 13, 15 and 16, and I deny requests numbered 14, 17, 18 and 19. Re- quests numbered 4, 7, 8 and 9 are covered by the fore- going rulings.
IT IS THEREFORE ORDERED that an interlocu- tory decree be entered overruling the demurrer of the respondents contained in paragraph 24 of their an- swer, and that a final decree be entered adjudging the appropriations made in connection with Articles 5 to 17 inclusive and Article 20 of the "Warrant for Special Town Meeting" (Exhibit 2) invalid and null and void, and that the respondent officials of the Town
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of Braintree be permanently enjoined from at any time using the funds of the Town of Braintree or in any other manner making any payments, directly or indirectly, upon the appropriation made in connec- tion with Articles 5 to 17 inclusive and Article 20 of the Town Warrant, at the Town meeting held on No- vember 9, 1934.
(Signed) ABRAHAM E. PINANSKI
Entered Dec. 11, 1934.
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, ss. SUPERIOR COURT IN EQUITY No. 29579
BERNARD A. ANDREWS, et als. Petrs.
VS INHABITANTS OF THE TOWN OF BRAINTREE, et als. Respts.
STATEMENT OF AGREED FACTS.
1. The petitioners are taxable inhabitants of the Town of Braintree, and bring this petition under the provisions of General Laws, Chapter 40, Section 53. The petitioners as a body are duly appointed mem- bers of the Finance Committee of the Town of Brain- tree, as provided for in the by-laws of the said town. Under General Laws Chapter 39, Section 16, Ter. Ed. authorizing the appointment of finance committees, the valuation for the purposes of apportioning the state tax of the town of Braintree exceeds one million dollars.
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2. The respondent Town of Braintree is a munici- pal corporation duly organized by law; the respon- dents Edward Avery, Harry Bousquet and Horace T. Cahill are duly elected and qualified members of the Board of Selectmen of said Braintree, said Edward Avery being Chairman of said Board; the respondent Otis B. Oakman is Treasurer of the Town of Brain- tree, and the respondent Blanche Porter is the duly appointed Town Accountant of the Town of Braintree.
3. Under the by-laws of the Town of Braintree, the petitioners as members of the Finance Committee of the Town of Braintree are subject to Section 7 of Article 3 and Section 8 of Article 3 of the By-Laws as follows:
Section 7 of Article 3.
The Finance Committee shall consider any and all municipal questions for the purpose of making recom- mendations to the Town, to any Town Board, officer, or committee relative to such matters.
Section 8 of Article 3.
Whenever the warrant for any Town meeting con- tains an article or articles under which an appropria- tion or expenditure of money or disposal of any of the property of the Town may be made, the finance com- mittee shall consider said articles after giving one or more public hearings thereon, and shall report in print its recommendations to the said Town Meeting.
4. A copy of the warrant for a special town meet- ing to be held on November 9, 1934 was delivered to Henry W. Grady, chariman of the Finance Committee, on Friday, October 26, 1934, at night by a police officer.
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5. The Finance Committee was summoned to a special meeting on Monday night, October 29, 1934, the committee being summoned by Henry W. Grady, Chairman of the Finance Committee by telephone be- cause of the shortness of time.
6. At the Finance Committee meeting on Monday night, October 29th copies of the warrant were dis- tributed to members of the Finance Committee. At said meeting the Board of Water Commissioners and Board of Electric Light Commissioners appeared by request before the Committee and gave their views on Articles 18 and 19 of the warrant.
7. The sub-committees of the Finance Committee were instructed by the committee to communicate with the various town departments. Letters and re- quests for information were sent to the Water Com- missioners, Electric Light Board, Board of Selectmen, Fire Department, Police Department, Welfare De- partment, Soldiers' Relief Department, Old Age As- sistance, Highway Department, Assessors' Depart- ment, Election and Registration Department, Sewer Department, and a letter was sent to the Town Ac- countant requesting information as to the condition of all departments and a letter was sent to the Town Treasurer requesting full information regarding the condition of the Town Treasury, balance sheet as of October 31, 1934, total bonded indebtedness of the Town, Temporary loans outstanding as of January 1, 1934, and as of October 31, 1934.
In compliance with the by-laws, a public hearing was advertised by the Finance Committee in the pa- pers, to be held on Wednesday evening, November 7, 1934, and at this public hearing the Sewer Depart- ment submitted their figures in a letter, and an in- complete financial report was received from the Treasurer.
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8. The articles in the warrant for this special town meeting were among other things, for unpaid bills existing in various town departments.
9. At the Town Meeting which was held on No- vember 9, 1934, the chairman of the Finance Commit- tee moved that "because of the short space of time the Finance Committee have had this warrant for their consideration, I move an adjournment of this meeting until one week Monday night, November 19, 1934."
The following amendment to said motion to ad- journ was offered: "That the adjournment be for one hour instead of one week from Monday night; that the Finance Committee retire and have the report here in one hour." This amendment was voted.
10. Although section 5 of Article 1 of the Brain- tree Code of By-Laws provides that notice of every adjourned meeting shall be posted by the Town Clerk at the Town Hall, said notice briefly stating the un- finished business, no such notice was posted.
11. At the adjourned Town Meeting called one hour later at 9 P. M. on November 9, 1934, it was moved by the Chairman of the Finance Committee "because of the lack of time to properly prepare a report for the citizens of this town, the Finance Com- mittee is unable to bring in a printed recommenda- tion and therefore move: Adjournment until one week from Monday night, November 19, 1934, at 7:45 P. M."
The motion to adjourn was not carried, and al- though warned by the Chairman of the Finance Com- mittee that in the absence of printed report or recom-
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mendations by the Finance Committee, as required under the by-laws of the town, the meeting would be illegal, the meeting proceeded, the Finance ·Commit- tee and its members taking no further part in the meeting.
The Finance Committee did not report "in print" any recommendations to the Town Meeting on No- vember 9, 1934, or to the adjournment thereof.
13. The meeting then voted to raise and appro- priate a total sum of $26,600.44 under articles 5 to 15 inclusive, and 17 of said warrant, itemized as follows :
Article 5
$ 1,136.49
Article 6
733.52
Article 7 12,042.01
Article 8
1,973.41
Article 9
3,000.00
Article 10
1,650.00
Article 11
000.00
Article 12
500.00
Article 13
1,578.06
Article 14
215.61
Article 15
2,300.00
Article 17
1,471.34
Total
$26,600.44
14. The Town of Braintree is about to expend this sum of $26,600.44 through the Town Treasurer.
15. Section 2 of Article 2 of the Braintree Code of By-Laws provides that the first business in order at each adjourned meeting shall be the reading of the records of the previous session, unless such reading is waived by a majority vote of the voters present and
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voting. The records of the previous session were not read and there was no vote of waiver of the reading taken.
16. The tax rate for the Town of Braintree for the year 1934 had been duly fixed before the call of the Town Meeting.
17. The following are made a part of this state- ment of agreed facts; and are attached hereto and made a part thereof.
Exhibit I. By-Laws of the Town of Braintree, 1925, which were in full force and effect at the time of Town Meeting, November 9, 1934.
Exhibit II. Attested copy of warrant for Special Town Meeting.
Exhibit III. Attested copy of minutes of Special Town Meeting of November 9, 1934.
18. The Court may draw from the statement of agreed facts any inferences to which they rightly might be susceptible.
DANIEL F. BUCKLEY HENRY W. GRADY
Attorneys for Petitioners.
ARTHUR G. CHAPMAN, Town Counsel
T. W. PRINCE, Special Counsel
Attorneys for Respondents. .
(Exhibits 1, 11, and 111 attached)
Entered December 11, 1934
A true copy
Attest: R. B. Worthington, Clerk.
111
ORDER FOR STATE WIDE RECOUNT FOR SECRETARY
December 5, 1934.
To City and Town Clerks and Election Commissioners.
WHEREAS,-petitions have been filed with the State Secretary, in the interest of Joseph Santosuosso of Boston, Democratic candidate for the office of Sec- retary, for State-wide recounts of ballots cast at the election held November 6, 1934 for the office of Sec- retary, under the provisions of General Laws, chap- ter 54, section 135, as amended; and
WHEREAS,-after the official tabulation of votes by the Governor and Council it appears that the dif- ference in the number of votes cast for the two lead- ing candidates for said office of Secretary is less than one percent of the total number of votes cast for such office ;
THEREFORE it becomes my duty to, and I do hereby, order the clerk of each city and town of the commonwealth to transmit forthwith, and said clerk shall so transmit, the envelopes containing the ballots, sealed, to the registrars of the city or town who shall, without unnecessary delay, open the envelopes, re- count the ballots cast for said office and determine the question raised.
Very truly yours (Signed) FREDERIC W. COOK Secretary.
A true copy. Attest :
ERNEST C. WOODSUM Town Clerk.
112
RECOUNT FOR SECRETARY
December 12, 1934.
In compliance with the foregoing order, all candi- dates for the office of Secretary were duly notified, according to law.
Wednesday, December 12, 1934 at 9 o'clock in the forenoon was the date and time set for the re- count.
The following officers served under the supervision of the Board of Registrars:
PRECINCT 1. Charles Tobey and John B. Dyer.
PRECINCT 2. Alfred A. Gilman and Harold T. Drinkwater.
PRECINCT 3. Albert A. Day and William Pierce. The result was as follows:
Total ballots cast
Original
6711
Recount
6712
PRECINCT OFFICERS' RETURNS
Walter Burke (C)
11
9
13
33
Frederick W. Cook (R)
.1029
1838
1224
4091
George L. McGlynn (SL.
18
20
24
62
Leslie A. Richards (S)
26
18
40
84
Joseph Santosuosso (D)
857
480
776
2113
William B. Taylor (P)
10
19
13
42
Blanks
88
86
112
286
Total
2039
2470
2202
6711
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RECOUNT BY BOARD OF REGISTRARS
Walter Burke (C)
11
9
12
32 4095
Frederic W. Cook (R)
.1029
1841
1225
George L. McGlynn (SL)
19
10
24
53
Leslie A. Richards (S)
25
18
40
83
Joseph Santosuosso (D)
857
492
777
2126
William B. Taylor (P)
8
19
13
40
Blanks
90
81
112
283
Tota 1
2039
2470
2203* 6712
*The Board of Registrarts found 2203 ballots cast in Precinct 3, as against 2202 reported by the Precinct Officers.
A true copy. Attest :
ERNEST C. WOODSUM
Town Clerk.
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Births in 1934
JANUARY
Date Name
1 Francis Warren Culver O'Shea Warren F. and Catherine M.
3 Gloria Veronica Licia Novio
6 Frances Elizabeth Benotti
6 William Kent Smith
7 Edward Atherton Hunt
7 Lorraine Doris McNeil
8 Roger Elias Adams
10 Pauline May Sherman 14 John Hugh McGrann
16 Ronald Vincent Cavallo
18 Donald Roy Ritchie
18 Elizabeth Bruce Patten
19 Phyllis Jane Hibbs
20 Homer Atherton Hunt
20 Nancy Jean Whittemore
21 Walter James Love, Jr.
21 George William Shepard
22 Stanley Dunham Hayward
24 Carole Louise Lindblow 24 Betty Louise Olson 27 Donald William James
27 Alta Louise Thayer
Antonetta Tricomi
27 27 Ann Elizabeth Damiao
30 Paula Monica O'Connell
31 Marie Lucianna Theresa Markie
31 Nelson Mortumer Payne, Jr.
Parents' Names
Savario and Theresa Vincent and Edna M. William and Margaret Edward A. and Catherine R. James J. and Margaret G. Frederick and Margie F. Reginald B. and Thelma H. William J. and May D, John and Muriel William S. and Helga Russell L. and Catherine · Thomas and Eleanor Richard A. and Gertrude T. Philip S. and Margaret I. Walter J. and Alice B. George R. and Rachel Nathan C. and Charlotte Lester W. and Dorothy M. Arthur G. and Ruth Francis B. and Eva M. Harold E. and Martha Stephen and Mary A. Peter and Tillie Lawrence and Josephine Joseph A. and Alice L. Nelson M. and Eileen
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FEBRUARY
Date Name
2 Joan Marie Cushing
3 Doris Marie Johnson
3 Mary Rosale Anderson
3 Mary Isabell Farrell 4 Warren
5 Francis William Doyle
6 Thomas Leon Dwyer
6 Robert Gorham
7 Nancy Marie Anderson
7 Albert Edward Delorey
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