Town annual report of Swampscott 1880, Part 2

Author: Swampscott, Massachusetts
Publication date: 1880
Publisher: The Town
Number of Pages: 90


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RICH. P. HORTON,


HEZEKIAH NEWCOMB accepted the position but never acted with the Board.


29


LIST OF OFFICERS.


Field Drivers,


RICHARD V. BESSOM, EDWARD MARSH.


Fence Viewers,


ROBERT HARRIS, EPH. T. SMITH.


Measurer of Wood and Bark, ISAAC H. ANDREWS.


Sealer of Weights and Measures, GEORGE W. HARRIS.


Pound Keepers,


STEPHEN RANDALL, EDWARD MARSH.


Auditing Committee, D. HOLMAN MILLETT. BENJ. J. LINDSAY, EDWIN A. FARNHAM.


APPOINTED.


Collector of Taxes, DANIEL P. STIMPSON.


Chief Engineers,


First,


Second, DANIEL F. PROCTOR, NATHANIEL GALUCIA.


Trustees of Public Library, DANIEL P. STIMPSON,


FRANK F. STANLEY, FRANK O. ELLIS,


Librarian, CURTIS V. MERRITT.


Superintendent of Cemetery, JOSEPH STANLEY.


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LIST OF OFFICERS.


Janitor of Town Hall, J. E. O. NESBITT.


Town Weigher, THOMAS PEDRICK.


Special Police, DAVID W. NESBITT,


RODNEY A. DOUGLASS, J. E O. NESBITT, at Town Hall.


JOSIAH C. BRAY, at Reform Club. RICH. A[ BESSOM,


MARK A. COLLINS, at Hotel Beacon. HIRAM B. WARDWELL.


SELECTMEN'S REPORT.


TO THE CITIZENS OF SWAMPSCOTT:


As we look back over the past few years and consider what our growth and prosperity has been, and then care- fully contemplate our future, we cannot but feel convinced that, to insure the thrift and progress that should be at tained, some better and more liberal policy should be pur- sued in our Town affairs than has been done in the past.


A number of recommendations and suggestions in the interest of our welfare have been made, to which we wish to call your attention.


Of the first importance are the suggestions for improve- ments tending to increase the attractiveness of Swamp- scott as a watering place. These are: the introduction of water, a system of drainage, the lighting of our streets, and the improvement of our sidewalks and roads. It is not to be expected that we shall be able to make all these improvements in one year, but that some part be undertaken each year until finally we shall have com- pleted them all.


The sum appropriated for our streets has generally been sufficient to keep them in good order, but we find that the expenditures for this year have exceeded the


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SELECTMEN'S REPORT.


appropriation ; the excess we have no doubt our survey- or felt compelled to use, in order not to fail to keep our streets in a safe and proper condition, and, as we shall probably need to do as much work in the coming year as in that just passed, we think the appropriation should be increased over that of last year; and we also think it would be advisable to add a little for the improvement of our sidewalks. In this connection we would recommend, instead of our present custom of setting curb-stones for any one who will provide them, that the Town bear the expense of the setting as at present, and also pay one-half the cost of the stones, for, by offering greater in- ducements, we shall secure a better co-operation of our citizens than heretofore, and thus advance the work more rapidly, which is very desirable we should do.


In regard to street lights, we would suggest that the same plan be followed as applied to curb-stones ; that is, that a part of the expense be borne by the Town, and a part by those directly benefited ; or it might be better for the Town to make a liberal appropriation to erect and maintain such lights as may be necessary.


One of the most important of our needs is good drain- age. Of this we were forcibly reminded last summer, and also experienced some of the evil effects occasioned by not giving the matter proper attention, and we trust that something should be done to avoid a repetition of the evil the coming season. We are well aware that the


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SELECTMEN'S REPORT.


Town is not prepared, at present, to adopt and carry out any very extensive system of drainage, but we are of the opinion that considerable can be accomplished this year, and we would especially advise that the Town should give all encouragement possible to individual enterprise in this important matter.


To obtain a supply of water. probably the least expen- sive plan would be to take it from Lynn; but the supply once offered us by them cannot at present be given, for they now have not sufficient for their own needs ; but as they no doubt will soon increase their supply, and again be in position to renew their offer to us, it appears advis- able to wait until that time before taking any action in this matter.


At the annual meeting in March, 1878, it was voted that the law of limitation affecting the case of John P. Palmer vs. Town of Swampscott should be waived, and the case tried on its merits ; and in accordance with that vote the case has been so tried, and the Auditor ap- pointed by the Superior Court has submitted the follow- ing report :-


5


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SELECTMEN'S REPORT.


ESSEX, ss.,


SUPERIOR COURT.


JOHN P PALMER vs. INHABITANTS OF SWAMPSCOTT,


-


AUDITOR'S REPORT.


The undersigned, appointed auditor in the above entitled case, having met the parties, and having heard their various allegations and proofs, reports as follows :-


This was an action brought by the plaintiff to recover payment for services rendered and cash paid by him in obtaining recruits for the Town of Swampscott in 1864, and for money paid for profes- sional services alleged to have been rendered in a suit in which the Town was interested.


It appeared in evidence that the plaintiff in 1864 was chairman of the Selectmen of the Town of Swampscott, and was employed by the Town as a recruiting officer, and acted as such, and busied himself from time to time for some months in procuring men to fill the Swampscott quota, as drafts were made to fill the Massachu- setts Regiments. In so doing he spent considerable sums for boun- ties for recruits and for other expenses connected with the business, and there being at the time a question as to the amount which the Town could legally furnish for recruiting purposes, private sub- scriptions were placed in the hands of the plaintiff, and were used by him. At the hearing the plaintiff introduced evidence tending to show that he had expended the sums charged in his account, and that he had received the sum, namely, five thousand six hun- dred and seven (5,607) dollars, for which he had given the defend- ant credit.


To show that the plaintiff had been reimbursed for the whole sum so charged, the defendant introduced evidence tending to prove that the Town had paid to the plaintiff the sum of four thousand five hundred (4,500) dollars, and claimed that this should be added to the amount credited by him, and that it would then appear


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SELECTMEN'S REPORT.


that the plaintiff had received the full amount charged, and some- thing more.


In reply to this, the plaintiff, admitting that he had received this sum of forty-five hundred (4,500) dollars, introduced evidence to show that. in addition to the amounts charged in his account, he had expended the further sum of forty-five hundred (4,500) dollars in payment of a bounty of one hundred and twenty-ave (125) dol- lars for each of the thirty-six (36) recruits whom he claimed to have obtained.


It was the opinion of the Auditor, upon all the evidence, and. he so finds, that the plaintiff had paid the amounts charged in his ac- count, and that in addition thereto he had paid said sum of one hundred and twenty-five (125) dollars for each recruit ; but it did not satisfactorily appear that the number of recruits was thirty six (36) but thirty-four (34) only, and consequently that, of said sum of forty-five hundred (4.500) dollars, forty-two hundred and fifty (4,250) dollars only was accounted for, leaving a balance of two hundred and fifty (250) dollars not accounted for, which should be credited to the defendant.


It was admitted by the defendant that there was in the hands of the Town, and due to some person, the amount charged as head money, which was an allowance for recruiting purposes made through the State to the Town, but it was' stated that there was another claimant for this money. No evidence was introduced to show that any other person had any valid claim to this amount, and, as it appeared that the recruits had been obtained by the plaintiff; the Auditor was of opinion that he had established his claim to sixty-eight (68) dollars out of the seventy (70) dollars, being two (2) dollars for each of thirty-four recruits. The item for "cash paid C. A. Phillips, Esq., for professional services, twenty (20) dollars," and interest, is not allowed.


At the hearing it was stated to be the wish of both parties that the Auditor should not pass upon any questions of law as to the liability of the Town to pay such charges as were made by the plaintiff, or upon any question as to the effect of the statute of lim- itations upon the plaintiff's claims, but that he shoukl confine him_ self to the statement of the amount of cash paid out by the plaintiff,


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SELECTMEN'S EEPORT.


and the amount received by him in payment therefor, and a state- ment of the time at which a demand was made upon the Town. The Auditor therefore finds, in accordance with the views above set forth, that the plaintiff's account is correctly stated, except that two (2) dollars should be deducted from the charge for head money, and that two hundred and fifty (250) dollars should be credited in addition to the amount of credit given in the account; and that the charge for money paid to C. A. Phillips, Esq., and interest, should be stricken out.


In reference to the demand made upon the Town by the plaintiff, evidence was introduced upon both sides, and the testimony was conflicting as to whether or not the claim was spoken of in Town Meeting in 1864, and in subsequent years. It was claimed by the plaintiff that, inasmuch as he was Chairman of the Selectmen in 1864, his knowledge of the debt was equivalent to a demand upon the Town ; but it did not satisfactorily appear to the Auditor that any claim in the nature of a demand for payment was made until about the year 1872, when the plaintiff testified that he presented a regular bill. This not having been contradicted, the Auditor finds that a demand was made upon the first day of January of that year.


J. A. GILLIS, Auditor.


Salem, April 23d, 1879.


ESSEX, SS., SUPERIOR COURT, Clerk's Office, May 8, 1879.


The foregoing is a true copy, as on file.


Attest :


GEO. R. LORD, Asst. Clerk.


Our police force has been one of the means of preserv_ ing the good order we have had during the past year, and we would recommend that the same be continued for the coming year, and an appropriation made for that pur- pose.


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SELECTMEN'S REPORT.


The Town Hall, as is well known, is not large enough to accommodate the large number of our people who often wish to attend some meeting there, and it is a frequent occurrence that many are turned away, unable to gain admittance. Its proposed enlargement we think advisa- ble.


This is the second year in which the collection of our taxes has been made obligatory upon our collector, and the plan is, no doubt, a most excellent one, for in each year our collections have been made within the time al- lowed, and we therefore hope to see the same method followed next year.


Toward the protection of our homes in case of fire, an efficient fire department would render valuable aid. We have now an organized fire company of about sixty mem- bers, and with proper encouragement on the part of the Town, they will, no doubt, continue to preserve their or- ganization and be ready at all times to give their servi- ces when needed. The engine and hose are both in good condition, but. the house has long since been worn out, and, if the organization is deemed necessary, a new house should be furnished.


All our different departments have been well managed and cared for except perhaps our schools, which have suffered somewhat during the winter months by the ab- sence of all but one of the Committee, leaving him with more work to do than he could properly attend to.


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SELECTMEN'S REPORT.


The different reports following will inform you of the particular work done in each department, all of which is


Respectfully submitted,


JOSEPH STANLEY, Selectmen


GEO. H. HOBBY. of


W. A. STUBBS, Swampscott.


REPORT OF LIBRARIAN.


TO THE TRUSTEES OF SWAMPSCOTT PUBLIC LIBRARY :


Gentlemen :- In presenting this, my twelfth annual report, I desire to present to you a few facts in connec- tion with the past history of our Library, its present con- dition, and a few of its many needs for the future. In 1853, a " Library Association " of Swampscott residents was formed, which, after a life of about nine years, dis- solved, leaving in care of the Town its motley collection of a few hundred books.


In the spring of 1867 the Town took action, and ap- propriated fifty dollars to establish the library ; the fol- lowing year, one hundred dollars was voted, and the present incumbent appointed librarian by the Board of Selectmen. A careful examination of the books men- tioned convinced us that there was little to interest and attract readers. Consent was obtained from the Select- men, and a subscription paper was opened in aid of the enterprise. About $150.00 was raised, the late D. W. Fuller subscribing $50.00. New books were purchased, and the Library opened June 13, 1868, with about six hundred volumes on its shelves.


Annually, since then, the town has voted small sums


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REPORT OF LIBRARIAN.


to its support, which, in addition to fees received from loaning books, gradually increased the collection. The management was very democratic, and vistors were al- lowed to select books themselves-a very pleasant fea- ture - which brought many patrons during the summer season, and largely increased its revenues.


At the March meeting in 1879, it was voted "to make the Library free to the citizens of Swampscott," out of which a complicated question as to whom the right be- longs has arisen. Acting under your instruction, and with what we understood the spirit of the meeting to be, the right of free use was denied all transient resi- dents. After a recess of two weeks, the Library opened May 3, as a Free Library. A complete change has been made in the delivery of books, and our system is consid- ered as simple and efficient as any in use. Six hundred persons are already registered on our books.


The circulation of the books for the past ten months has been 11,235 ; for the whole year, 11,903, against 5,606 the year previous. $129.95 has been received from fines and the sale of catalogues. One hundred and thirty-three new books have been added this year, and thirty-five have been purchased to replace others worn out and lost.


The Library has been opened sixty times.


Gentlemen, in closing, I desire to thank you for your co-operation with me for the past year, and for the many


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REPORT OF LIBRARIAN.


services which have been gratuitously rendered. The year has been one of hard work, far beyond what was anticipated. Notwithstanding the two assistants I have employed, I find the delivery cannot be properly attend- ed to in the few hours the Library is now open.


With the fact of the increased amount of time to be required, which is more than I can possibly devote to it, I tender my resignation as librarian, trusting you may act upon the same as speedily as possible.


I would recommend, first, that additional room be asked of the Town for library purposes. A large number of books are suffering for want of shelf room. Better € accommodations are required for visitors, and that the same be properly heated. Second, that the Library be opened at 2 P. M., instead of 4, on Saturdays ; also, on Wednesdays all the year round as well. Third, that a sufficient sum of money be asked for as will enable the Trustees to purchase many valuable works, of which we are much in need; and lastly, that the Janitor be required to keep order about the hall during library hours.


Respectfully submitted,


CURTIS MERRITT.


Swampscott, Feb. 25, 1880.


6


REPORT OF THE LIBRARY TRUSTEES.


TO THE CITIZENS OF SWAMPSCOTT :


From the report of our Librarian, published in the preceding pages, the history of our Library is learned from its commencement down to the present time. It is a source of gratification to us to find that the change made during the past year, from a circulating to a free library, has so greatly increased the number of books loaned. During the winter months the increase has been much larger than at any other time; more than three times as many books have been read this winter than last, and we hope that the six hundred names our Libra- rian has now on his register will grow to a much larger number, and thus still further increase the usefulness of our Library.


The method of delivering books, under the old system, not being adapted to the use of a free library, it was necessary to bring into use our present mode of delivery, which we believe to be, as our Librarian states, the best that can be devised when so large a number of readers are to be accommodated as we now have. To make the necessary alterations for the convenience of the new sys- tem, an expenditure of a large part of the money granted


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REPORT OF LIBRARY TRUSTEES.


for our use had to be made, reducing much lower than we felt could be spared, our funds for the purchase of new books, and thus we have only been able to supply a few of the choicest of the new works that have appeared. For some time past our shelf-room has not been sufficient to give room to all our books, and we are now much in need of additional shelves, but as it has been proposed by many of our citizens to enlarge the hall during the com- ing year, we have not as yet taken any steps toward providing for them, for if the hall is extended as. pro- posed it will give us the space for shelves we so much need, and more conveniently than in any other way, be- sides being ample for our growth for a considerable time.


A vote was passed at our last annual meeting, direct- ing that the position of Librarian should be let out to the lowest bidder; we therefore posted through the Town advertisements for bids. In answer, we received propos- als from a number of citizens, and from a few out of town people. After due consideration of all the offers made, we decided to favor the bid of Mr. Curtis Merritt as being perhaps the lowest -it was an open question who was the lowest-certainly from his long experience the most competent; and that, being considered of the most importance, had much to do with influencing our decision to place the library under his care. Mr. Mer- ritt's bid included the usual duties of a Librarian, the employing of an assistant, and the care of the library


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REPORT OF LIBRARY. TRUSTEES.


room. His contract went into effect May 1, 1879, to continue until March 1, 1880. The amount to be paid him was $166 67. The amount paid him more than this was for his services previous to May 1, 1879, and for extra work performed during the year, of which there was considerable, principally in the preparation of a sup- plement to the catalogue, a work requiring much time, and in all having to do so much more than was anticipa- ted, a charge of $15 for extra work was allowed.


With the close of the year our present Librarian wish- es to resign his position and not to be considered an ap- plicant for the coming year. Mr. Merrritt has been con- nected with our library since its commencement and has done much toward elevating it to its present standard. We regret to learn of his withdrawal for we feel it would be for the interest of our library to continue the services of one who has proved himself to be so capable.


Mr. Merritt's report contains a number of suggestions for the future which we think worthy your consideration,


Respectfully,


DANIEL P. STIMPSON, FRANK O. ELLIS, Trustees. F. F. STANLEY,


REPORT OF HIGHWAY SURVEYOR.


Owing to the small appropriation for the highways the last two years, and the difficulty in procuring gr.ivel, the streets generally are in a poor condition.


The cost of repairing is more than a great many of our citizens are aware of, on account of the gravel being at so great a distance from where the most of it is used. The gravel in Upper Swampscott for the last three years has cost as much when dug as it should have cost when spread upon the streets, and on account of its being so scarce and hard to get, I was compelled to buy five hun- dred loads from outside parties during the past year. I would recommend that a gravel pit be procured, as cen- trally located as possible, and I think gravel enough to repair the streets on the hill should be obtained from some place in that vicinity.


I would also recommend that a sum of money be appro- priated to pave gutters, as some of the streets cannot be kept in repair without, and I think the Town should also make an appropriation for curbstones, they being. es- pecially required at the corners and sharp curves of the streets, to keep the carriages off the sidewalks. A mod-


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REPORT OF HIGHWAY SURVEYOR.


erate sum for this purpose and for paving gutters would, in my judgment, be in the interest of economy.


BARTLETT SHAW.


March 1, 1880.


REPORT


OF THE


COMMITTEE ON REVISION OF BY-LAWS.


TO THE CITIZENS OF SWAMPSCOTT :


At the Annual Town Meeting held March 9, 1878, the Auditing Committee were instructed to revise and compile the By-Laws of the Town, and when so revised and compiled to submit them to the Town for approval.


Acting under authority of that vote, we respectfully submit the following report for the consideration of the Town:


D. HOLMAN MILLETT. BENJAMIN J. LINDSEY, EDWIN A. FARNHAM.


TOWN MEETINGS.


CHAPTER 1.


SECTION 1. The Annual Town Meeting for the election of Town officers, and for other purposes, shall be held on the third Saturday of March in each year.


SEC. 2. Notice of every Town Meeting shall be given by post- ing an attested copy of the Warrant calling the same at the Town


48


BY-LAWS.


Hall, Depot, Post Office, and three other public and conspicuous places in the Town, seven days at least before the day appointed for said meeting.


SEC. 3. The Warrant shall in all cases contain an enumeration of all the subjects to be acted on at the meeting.


SEC. 4. Town officers required by law to be chosen by ballot, and their respective terms of office, shall be designated in the Warrant.


SEC. 5. The Selectmen shall specify in the Warrant the manner in which the several officers shall be voted for, whether on one ballot, or at the same time on separate ballots.


RULES FOR GOVERNMENT OF TOWN MEETINGS.


CHAPTER 2.


SECTION 1. At the time appointed the Town Clerk shall call the meeting to order, read the Warrant, and preside until a Moderator is chosen.


SEC. 2. It shall be the duty of the Moderator to preserve order in Town Meeting, in all its proceedings, and this without question, debate, or delay, in all cases in which the breach of order or the departure from the rules is manifest ; to permit no smoking, pro- fane or indecent language, and to allow no one to occupy the plat- form except persons who have the floor and are addressing the meeting, and the officers conducting the same. It is also the right


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BY-LAWS.


of every person taking notice of a breach of order to insist upon the enforcement of it in the same manner.


SEC. 3. The presiding officer while occupying the chair shall not participate in any discussion before the meeting. 1 .


SEC. 4. Every person when about to speak shall rise and re- spectfully address the chair, shall confine himself to the question under debate, avoid personality, and shall sit down when he has finished. €


SEC. 5. No person rising to move a question shall proceed to speak until the motion has been distinctly stated to the meeting by the Moderator, and no person speaking shall be interrupted by another but by rising up to call to order.


SEC. 6. When called to order by the Moderator, the person speaking shall sit down, and remain seated until the point of order is decided.


SEC. 7. Every question of order shall be decided by the Mod- erator, but an appeal from his decision may be made to the meet- ing, and such appeal shall be decided without debate.


SEC. 8. No person shall speak more than twice, nor shall any person speak more than twenty minutes without permission, upon any question, without first obtaining leave of the meeting, except for the correction of an error, or to make an explanation, and not until others who have not spoken upon the question shall speak if they desire it. 7


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BY-LAWS.


SEC. 9. Articles in the Warrant shall be acted upon in their order, unless otherwise ordered, by a vote of the meeting.


SEC. 10. No final vote shall be reconsidered except upon notice for that purpose, made by one of the majority acting thereon, with- in thirty minutes after such vote has been passed.


SEC. 11. All questions submitted for the consideration of the meeting, involving the expenditure of money, shall be in writing, and all other motions shall be reduced to writing if required by the presiding officer.


SEC. 12. No motion or proposition on a subject different from that under consideration shall be admitted under color of amend- ment.




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