USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1898 > Part 4
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ART. 3. To see what action, if any, the Town will take in reference to taking water from the City of Lynn.
ART. 4. To see if the Town is in favor of the purchase of the property of the Marblehead Water Company, and if so to ascertain the sense of the meeting as to what price should be paid therefor.
ART. 5. To see what action, if any, the Town will cause to be taken before the Legislature in reference to certain bills which are intended to affect the rights of the Town of Swampscott in securing a supply of water.
And you are directed to serve this Warrant by posting at- tested copies thereof at the Town Hall, Depots, Post Offices, and three other public and conspicuous places in the Town, seven days at least before the day of holding said meeting.
Hereof fail not, and make due return of this Warrant, with your doings thereon, to the Town Clerk at the time and place of meeting, as aforesaid.
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TOWN DOCUMENTS.
[Feb. 28
Given under our hands this Seventh day of February, in the year one thousand eight hundred and ninety-eight.
WILMOT R. HASTINGS, Selectmen JAMES H. MOULTON, of
GEORGE T. MELZARD, Swampscott.
A true. copy. Attest :
RICHARD G. GILLEY, Constable.
RETURN ON THE WARRANT.
Pursuant to the within Warrant to me directed, I have noti- fied the inhabitants of the Town of Swampscott, qualified, as herein expressed, to meet at the time and place and for the pur- pose herein mentioned, by posting up attested copies of said Warrant at the Town Hall, Depots, Post Offices, and eight other public and conspicuous places in said Swampscott, on Monday, the Seventh day of February, in the year 1898, the posting of said notices being seven days before the time of said meeting.
RICHARD G. GILLEY, Constable of Swampscott.
In accordance with the foregoing Warrant, the voters of the Town assembled at the Town Hall, on Monday evening, Feb. 18, 1898.
The meeting was called to order by the Town Clerk, at 7.30 o'clock, the Warrant calling the meeting and return thereon was read.
Balloting for Moderator was immediately commenced, and continued for five minutes, resulting as follows : Fred C. Marsh, 18, elected ; John R. Merritt, 14.
Fred C. Marsh was immediately qualified for the position by the Town Clerk.
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RECORDS OF THE TOWN CLERK.
1898]
REPORT No. 1 ON FUTURE WATER SUPPLY.
To the Citizens of Swampscott:
At a Special Town Meeting held Sept. 30, 1897, it was voted as follows : That the Committee on Future Water Supply be and is hereby directed to make the following proposition to the Mar- blehead Water Co. for the purchase of its corporate property and all the rights, privileges, easements, lands, waters, water rights, dams, reservoirs, pipes, engines, boilers, machinery, fixtures, hy- drants, tools and all appliances owned by said company, at a price to be fixed by three commissioners, each to be appointed by the mutual agreement of said Marblehead Water Company and the Committee on Future Water Supply, and in case said company and said committee, after conference, shall be unable to agree upon such commissioners, application may be made to the Supreme Judicial Court by said company or said committee, and after notice to the parties, said commissioners shall be appointed by said court, or any justice thereof, and said commissioners shall determine the fair value of said property upon the following basis, viz. :
1. The commissioners shall determine the fair value of said property for the purposes of its use by said Town, and their award, or the award of a majority of them, when made, shall be final. Such value shall be estimated without enhancement on ac- count of past, present or future earning capacity or good-will, or on account of the franchise or any privilege of said company.
2. The expenses of the commission shall be paid equally by the Marblehead Water Company and the Town of Swampscott.
3. Provided this proposition is accepted by the Marblehead Water Company, the acceptance shall be in form satisfactory to the Town counsel.
4. The proposition shall be void and of no effect unless a satisfactory acceptance thereof shall have been filed with the Town Clerk of Swampscott, or the Chairman of the Board of Selectmen of Swampscott, within sixty days after its adoption by vote of the Town.
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5. The formal transfer of the said property of the Marble- head Water Company shall not be effected unless such transfer is authorized by special or general legislation, and a good and clear title given, free from all incumbrances.
6. If the proposition is not accepted, the Town's rights and interests in future will not be affected by reason of this offer.
7. All details as to form of agreement, mode and details of reference and hearing, and all terms and conditions not herein specified to be left to the discretion and determination of said committee.
Voted. That the Committee on Future Water Supply be and is hereby directed to confer at once with the Metropolitan Water Board to see upon what terms a supply of water for all Town, domestic and other purposes can be secured, and to submit at a special meeting, to be held any proposition and all propositions which it may obtain ; and said committee is here- by further directed to prepare, under direction of the Town coun- sel, such bills as will be necessary to present to the next General Court to enable the Town to acquire and operate its own water plant ; and said committee is hereby further directed to have pre- pared estimates of such construction as is necessary to complete and perfect a water system for the Town's immediate needs and for the future requirements. In accordance with the instructions embodied in these votes, your committee, immediately, by and with the advise of counsel, submitted to the Marblehead Water Company a proposition substantially as voted by the Town Your committee also asked for, and obtained an interview with the Metropolitan Water Board, and the result of that conference fully justifies your committee in the opinion, that the possibility of the Town obtaining a supply from the Metropolitan source is entirely out of the question until such time as the Town shall own its entire pipe system, or shall have acquired the works of the local water company. At the expiration of sixty days, the extreme limit allowed the Marblehead Water Company to accept or reject the proposition voted by the Town and submitted by the committee, your committee received notice (indirectly) through counsel for the company, that the Town's proposition
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could not be accepted by said company, but that the company were willing, and anxious, to negotiate with the committee looking to an amicable adjustment of the situation. After re- peated interviews with representatives of the company, we have obtained practically a verbal offer from said representatives to sell their entire property to the Town for the sum of $100,000, this being $82,500 less than the original price asked.
Your committee also gave notice as required by law, five weeks before the convening of the State Legislature, that the Town would petition the incoming Legislature for special Act, giving to the Town the right to be admitted into the Metropoli- tan Water District without being subject to the condition that it shall acquire the property of the Marblehead Water Company, or any portion thereof, and also for such legislation as would en- able the Town to acquire, own and operate its own water system, to take land and water for said purpose, by purchase or other- wise, and to do all other acts to enable the Town to supply itself and its inhabitants with pure water. By advice of counsel it was deemed inexpedient to present bills relative to these matters. For solution of this question of Future Water Supply for the Town, there are in the opinion of your committee but three propositions for the Town to consider at this time, viz .: A contract or agree- ment with the Marblehead Water Company to supply the Town and the inhabitants from its present or prospective sources; a contract with the City of Lynn to furnish such part of the Town as is situated on the lines of the Town piping; the direct pur- chase of the plant of the Marblehead Water Company, together with all its rights and privileges pertaining thereto. To make another contract with the Marblehead Water Company would, in the opinion of your committee, be neither wise, prudent nor de- sirable ; we therefore do not recommend it. As to making a con- tract with the City of Lynn for a supply from its present sources, your committee feel that inasmuch as the State Board of Health have failed to approve of the taking of water from the Lynn works, and have raised the danger signal as to the water of Saugus river, a part of the Lynn system, and as the water in other respects is of a poor quality (See State Board of Health
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Report) and entirely unsatisfactory as a drinking water to the citizens of Lynn themselves, to the extent that thousands of gallons of water from Swampscott are sold daily in the factories, railway station, private residences and on the public streets and ways of Lynn for drinking purposes, they cannot in view of all these facts consistently recommend making a contract with the City of Lynn for supplying the Town, or a part thereof, with water from its present sources, believing such recommenda- tion unjustifiable. Direct purchase of the property, right, privi- lege, etc., of the Marblehead Water Company seems to be the proper course for the Town to pursue. Any other course, our counsel warn us, is likely to result in very considerable litigation and large attorney fees ; therefore your committee, believing it both wise and judicious, would recommend that the Town in- struct its committee to at once open negotiations with the Mar- blehead Water Company looking to the purchase of their prop- erty, rights, privileges, etc., at a price which can be mutually agreed upon and report at a Special Town Meeting to be called prior to the date of the Annual Town Meeting, for the ratifica- tion or rejection of such agreement as may be concluded between company and committee.
Relative to vote whereby the Town directed the committee to have prepared estimate of such construction as is necessary to complete and perfect a water system for the Town's immediate needs and future requirements, your committee herewith present the report of Mr. Freeman C. Coffin, a civil engineer employed by your committee for the purpose we have hereinbefore indicated.
E. F. SMALL, ARTHUR F. FOSTER, MARTIN E. NIES, JAS. H. MOULTON, GEO. T. MELZARD.
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RECORDS OF THE TOWN CLERK.
1898]
REPORT No. 2 ON FUTURE WATER SUPPLY.
To the Citizens of Swampscott :
Your committee beg to report, that, as directed by vote passed at the Special Town Meeting held Sept. 30, last, we duly forwarded to the Marblehead Water Company the proposition as amended and passed at said meeting for the purchase by the Town of the property of said company. We did not receive any formal communication from the company within sixty days, the time specified in the vote, but on the last day we were notified by our counsel that informal notice had been received by them through the counsel for the Water Company that the proposition had not and would not be accepted.
By the action of the company in taking the matter of negotiat- ing for sale of its property out of the hands of those who, up to that time had represented the company's interests, and placing its interests in the hands of counsel, the committee was of the opinion that the interests of the Town demanded the employment of counsel as authorized, and Messrs. Niles & Carr have been more actively engaged on the case since that time, Nov. 30, than before.
The committee and the Marblehead Water Company having thus failed to reach a satisfactory basis upon which the property of the company could be purchased by the Town by reference to a commission, efforts were at once made by the committee to as- certain at what price the property could be secured by direct purchase. To this end numerous conferences were held between representatives of the parties in interest which have resulted in our securing an informal statement from the civil engineer of the company, who claims to speak with authority, that an offer of $100,000 by the Town for the company's property would be ac- cepted, and that the property cannot be purchased at a lower price.
While your committee cannot submit any offer of the com- pany to sell its property to the Town, which will bind the com- pany in any way, we will assume that the suggestion of the engineeer as to the price at which the property can be purchased
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TOWN DOCUMENTS.
[Feb. 28
is an indication of the company's position. The Town is there- fore brought face to face with the question, "Does it want to purchase, at this time, the property of the Marblehead Water Company for $100,000, or does it not? If not, what action will it take ?"
For the information and guidance of the Town, we have to advise that, as authorized by the Town, an engineer was engaged who submitted a voluminous report which, up to this time, under advice of counsel, has not been published. This report makes a recommendation that if the property of the company cannot be purchased for less than $100,000, he would advise the Town to take it at that price. He also estimates the present value of the property of the Marblehead Company, if supply is obtained from the Metropolitan Water Works, at $35,252, in which is included real estate valued at $8,000.
In view, however, that in the same report the engineer states that the entire property of the company could be reproduced or duplicated to-day for $88,613, and that on account of higher values for material and labor at the time the plant was built, it only cost ten per cent. more, or about $97,000, it seemed desir- able to your committee that an opportunity should be given the engineer to make further explanation as to the reasons for his recommendation that the town now pay $100,000 for a property which he estimated could not have cost over $97,000. As to the accuracy of his estimates, it may be proper and well to state at this time, that we have been informed by the company's engineer that the books show the cost of the property to have been about $110,000, but it is admitted that this amount includes cost of work done under blanket contract.
At a recent meeting of the committee, the engineer engaged to represent the Town was present, and in answer to enquiries stated that the highest price he would place on the corporeal property of the company, basing his estimate on cost of plant, less depreciation, was $52,400, and that every dollar in excess of this amount which the Town might pay would represent earning capacity, good-will or franchise. As the Marblehead Company had indicated to the committee that these possible clements of
1
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1898]
value would be eliminated as factors in a basis for an award which commissioners might make, and as they had been eliminated by the Legislature in the Newburyport, Stoneham and Gloucester acts, there seemed to your committee no reason why we should consider them as having a value.
With these facts, and such further explanation as the mem- bers of the committee can give, we believe the Town can now pass on the only question which has thus far been raised in this report, " Will it purchase at this time the property of the Mar- blehead Company for $100,000?"
We must call the attention of the Town to the fact that whether it now purchases this property or not, the question of future supply of water is still open and undetermined, for it is a fact that the purchase of the property of the Marblehead Water Company will not give to the Town a supply of water for future requirements. This is clearly established, and neither the en- gineer, nor anyone else representing the Water Company, has denied it. It is only necessary to add in this report, that the application of the Marblehead Water Company to the Metropoli- tan Water Board for a supply of water from its source, confirms the opinion held by the members of your committee.
We thus reach for consideration the second problem, which, from the peculiar condition of affairs now existing here, presents two separate and distinct issues. These are -
1st. Will the Town own its own water plant ?
2nd. Where will it get its water ?
The ownership of a water plant by the Town can be accom- plished by either the purchase of the property of the Marblehead Water Company or by the extension of our present pipe system. If we purchase the property of the Marblehead Water Company we are asked to pay $100,000 for that which is not worth over $50,000. If we extend our present pipe system we are threatened by the Marblehead Water Company's representatives with liti- gation.
There is no question in our judgment that the Town can better secure a modern and well equipped plant, by extending its
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TOWN DOCUMENTS.
[Feb. 28
present system, than by the purchase of the plant of the Marble- head Company, and it is for the Town to determine whether it will make further enquiry as to the probable cost of extending its present system before deciding to purchase the property of the Marblehead Water Company. Your committee cannot recommend the purchase of the property of the Marblehead Water Company at $100,000 at this time. We do recommend, however, the adoption of the accompanying vote.
GEO. ALBREE, WILMOT R. HASTINGS, PELEG GARDNER, A. R. BUNTING, E. H. KITFIELD.
Whereas, the Marblehead Water Company has petitioned the General Court of the Commonwealth for legislation which will require any city or town, before it can be supplied with water from the Metropolitan system of water supply, to first acquire the works of any water company in such city or town constructed for the purpose of supplying such city or town, or its inhabitants, with water; and also another petition praying that Chapter 283 of the Acts of the year 1884, and all other acts or parts of acts authorizing the City of Lynn to supply the Town of Swampscott, or its inhabitants, with water, be repealed; and
Whereas, the inhabitants of the Town of Swampscott most emphatically oppose this proposed legislation, and deem it im- portant that the interests of the Town should be looked after as to any legislation that may come before the present General Court, relating to matters which may affect the Town of Swamp- scott as to a water supply ; it is therefore
Voted. That the Committee on Future Water Supply be and hereby is authorized and directed to use all lawful and proper means to defeat the above-mentioned proposed legislation, and to employ counsel to represent the Town at any hearing that may be granted upon either of said petitions; and the members of the General Court are hereby respectfully and earnestly requested to refuse the legislation which said petitions seek to secure ; and
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RECORDS OF THE TOWN CLERK.
1898]
the said committee is hereby further authorized and directed to look after any other legislation that now, is or may hereafter come before the present General Court, affecting the interests of the Town of Swampscott as to a water supply, and to take such action in relation thereto as they deem advisable and proper, and to employ counsel to represent the Town at any hearing that may be granted relating thereto.
Motion. That the reports of the Water Committee be ac- cepted and that the thanks of the Town be extended to said committee for their services, and that the matter of water supply be referred to the Selectmen with full power to purchase the water works, franchise, and all property now owned by the Marblehead Water Company, in accordance with proposal sub- mitted, providing that the amount for said purchase does not ex- ceed $100,000, the money to be raised by the issue of water bonds, State loan, or notes, as the Selectmen may decide. In case of failure of the Selectmen and said Water Company to make a transfer, it is further moved that the Selectmen be authorized to contract with said company for a supply of water for the Town for a period not exceeding five years, at the best terms possible, but that the option of the purchase or contract be left with the Selectmen to act in the matter as in their judgment is for the best interest of the Town, and report at their earliest convenience, was negatived.
Voted. To adopt report No. 2 of Future Water Supply Committee.
Voted. To lay Art. 3 upon the table.
Resolved and Voted. That the Committee on Future Water Supply of the Town of Swampscott, be and is hereby instructed and authorized to at once open negotiations with the Marblehead Water Company, looking to the purchase of their property, rights, privileges, etc., at a price which can be mutually agreed upon, and report at a Special Town Meeting to be called prior to the date of the Annual Town Meeting, for the ratification or re- jection of such agreement as may be concluded between the company and the Town Committee on Future Water Supply.
Voted. To adopt resolution accompanying Report No. 2, as follows :
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TOWN DOCUMENTS.
[Feb. 28
Whereas, the Marblehead Water Company has petitioned the General Court of the Commonwealth for legislation which will require any city or town, before it can be supplied with water from the Metropolitan system of water supply, to first ac- quire the works of any water company in such city or town constructed for the purpose of supplying such city or town, or its inhabitants, with water; and also another petition praying that Chapter 283 of the Acts of the year 1884, and all other acts or parts of acts authorizing the City of Lynn to supply the Town of Swampscott, or its inhabitants, with water, be repealed ; and
Whereas, the inhabitants of the Town of Swampscott most emphatically oppose this proposed legislation, and deem it im- portant that the interests of the Town should be looked after as to any legislation that may come before the present General Court, relating to matters which may affect the Town of Swamp. scott as to a water supply ; it is therefore
Voted. That the Committee on Future Water Supply be and hereby is authorized and directed to use all lawful and proper means to defeat the above-mentioned proposed legislation, and to employ counsel to represent the Town at any hearing that may be granted upon either of said petitions; and the members of the General Court are hereby respectfully and earnestly requested to refuse the legislation which said petitions seek to secure; and the said committee is hereby further authorized and directed to look after any other legislation that now, is' or may hereafter come before the present General Court, affecting the interests of the Town of Swampscott as to a water supply, and to take such action in relation thereto as they deem advisable and proper, and to employ counsel to represent the Town at any hearing that may be granted relating thereto.
Motion. To take Art. 3 from the table.
Voted. To dissolve at 8.20 P. M.
Attest :
GEO. T. TILL, .
Town Clerk.
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LIST OF JURORS.
1898]
List of Jurors.
Prepared and posted by the Selectmen, for the consider- ation of the Town at the Annual Meeting, March 21, 1898.
ALBREE, JOHN JR. ASHTON, HERMAN F. BLANCHARD, GEORGE H. BONNEY, FRANK L.
BRADFORD, FRANK H. BURDETTE, MELVIN W. CONNER, GEORGE M. COWDREY, WILLIAM C. CULLEN, HENRY N. CURTIN, JAMES H. DOUGHTY, WILLIS E. DOUGLASS, SYLVESTER F. EASTMAN, ENOCH S. EVANS, CHARLES E. HOWES, FREEMAN THOMAS, JOHN C. TUTTLE, EDGAR M. ULMAN, ISAAC A. HOVEY, GEORGE H. HARRIS, CHARLES E. HUTT, WILLIAM D. JACKSON, CHARLES T. JEFFERS, CHARLES P. WIDGER, JAMES H.
KEEFE, JOHN F. MERRITT, JOHN R. NIES, MARTIN E. NISBETT, DAVID W.
PARKER, SAMUEL R. PORTER, SAMUEL M. PEDRICK, BENJAMIN G. PORTER, MILTON D. RICH, BENJAMIN F. ROWE, ALLEN S.
SPINNEY, JOSEPH D. STUBBS, WHITFIELD A. STANLEY, JOHN G. THOMAS, JAMES
VARINA, WILLIAM W.
WEBSTER, GEORGE C.
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TOWN DOCUMENTS.
[Feb. 28
Report of the Selectmen.
To the Citizens of Swampscott :
In dealing with the complex interests of a municipality like ours, it can hardly be expected that those upon whom the burden of authority has been laid could administer its affairs without giving offense to some one. Nevertheless, if your Selectmen can be assured that their sincere efforts to work for the best in- terests of the Town are in the main approved by a majority of its citizens, they will feel that they have not labored in vain. The year just drawing to a close has brought its full share of perplex- ing questions. One of the first to receive attention was that relating to
THE POLICE DEPARTMENT.
An attempt was made to lift this department out of the slough of offensive partisanship. Seth C. Kendrick was appointed Chief, and the force was exhorted to a strict attention to duty, avoiding any undue prominence in factional movements or dis- putes. Their work has been satisfactory, and they have attended quietly to their duties without ostentatious display. While we have had no complaints concerning members of the force, we have, on the contrary, received for them words of commendation from our townspeople.
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