USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1908 > Part 3
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The case was tried by a jury, as the petitioner requested, and they gave judgment for $25 damages and $29.79 costs, and execution was issued June 8, 1898 for these combined sums, namely, $54.78. And this judgment has been paid.
It is evident, therefore, to all that Cahoon asked the Court to award adequate damages and the jury found that the sum of $25 was adequate payment for all damages as prayed for, but we are now at this late day asked to act on the theory that the Court and the jury who heard the case, did not weigh the evidence and generally failed to grasp the matter in controversy, so that we are now besought after all these years to pass judgment upon their failures.
In view of the dictum of the Supreme Court in the recent decision in the case of the Attorney General against Stratton, (the Board of Health case so-called), namely, that the inhabi- tants of a town assembled in town meeting cannot conduct a trial of any of its officers and if they attempt it, through a com- mittee, there is great risk that its members will not be fitted for judicial duties, it would be the height of folly for the Swamp- scott Town meeting to undertake to pass upon decision of the Superior Court, revise and practically reverse it and then vote to pay A. O. Cahoon or his assigns some $1,300.
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TOWN DOCUMENTS.
[Jan. 31
In short the petition of Cahoon had his day in court and won his case. The case is now closed definitely, and as there is no action the town ought to take in the matter we recommend the indefinite postponement of the article.
ARTICLES XVIII and XIX.
We recommend an appropriation of $150 for Fire Alarm Boxes as petitioned for. In each case the distance of much property from existing boxes is greater than is consistant with proper protection against fire.
ARTICLE XX.
We recommend that a committee of three be appointed to report at a later meeting on the practicability of rearranging the fire signals with a view of dispensing with the steam whistle and of substituting some system that will meet the requirements where bells are not installed.
ARTICLE XXVI.
We recommend that $400 be appropriated for the extension of Redington street. The street was laid out forty feet wide, but it has been constructed for but thirty feet. Houses are to be built and the street must be constructed.
ARTICLE XXVII.
In view of the probability that Atlantic avenue will be opened in the near future either for sewer or for water construction, it does not seem prudent to expend money now for macadamizing it. We recommend that needed repairs be made by the High- way Department.
ARTICLE XXVIII.
We recommend that needed repairs on Essex street be made by the Highway Department from the general appropriation.
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RECORDS OF TOWN CLERK.
1908]
ARTICLE XXXIII.
We recommend that $75 be appropriated for heating, light- ing and repairs of the Pine Street School Building, said building being under the care of and occupied by the General Bates' Post 118 G. A. R.
Respectfully submitted,
JOHN ALBREE, J. HENRY WELCH, E. A. MAXFIELD, FRANK H. GAGE, ALLEN H. COLE, F. W. HOMAN, JOHN J. BLANEY, W. W. SEYMOUR, H. CUSHING BULFINCH, ARTHUR C. WIDGER,
Committee.
On motion of M. E. Nies, Article 16 was taken up; E. M. Bailey moved the indefinite postponement of this article, M. E. Nies having called for the yeas and nays by the check list and twenty voters rising in support of the motion, the mod- erator ruled that the check list should be used. Mr. John Albree here arose to a point of order that the Act of the Legisla- ture of 1906 authorizing the payment of the Cahoon claim has not been accepted by the Town, and that no action could be taken under Article 16. After consulting the statute the chair declared the point or order sustained, and the matter was indefi- nitely postponed.
Report of.the Salary Committee on Articles 23, 29, 30, 35. SWAMPSCOTT, April 15, 1907.
To the Citizens of the Town of Swampscott :
The committee consisting of Allen H. Cole, Willis H. Doughty, Joseph M. Bassett, Herman F. Ashton and Alfred F. Frazier, appointed at the meeting of March 19 to revise the sal-
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TOWN DOCUMENTS.
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ary list, held its first meeting at the Town Hall on the evening of March 23 and organized with the selection of Allen H. Cole as Chairman and A. F. Frazier as Secretary.
Since that time the Committee has held several meetings and has carefully considered the matter of the salaries of the differ- ent town officials. Your committee feels that the work of all of the Town officials has materially increased during the last few years and regret much that the Town finances will not admit of giving every one an addition to his salary.
On April 2, the Salary Committee presented to the Finance Committee a partial report to govern them in making their appropriation for the several departments.
Your committee having finished its work submits the follow- ing recommendations as to the salaries of the several town offi- cials.
Ist. That the salaries of all. the Town officials remain the same as last year except that of, the Clerk of the Board of Selectmen, the Board of Auditors, the members of the Police Department, the permanent men of the Fire Department, the Superintendent of highways, the Town laborers and the janitor of the Town Hall.
2nd. That Article 29, relating to the pay of the Superintend- ent of Highways, be adopted.
3rd. That Article XXX relative to the pay of the Town laborers be adopted.
4th. That Artirle XXXV concerning the half holiday for the Town laborers be adopted with the proviso that the men in order to secure the half-holiday shall work at least three days a week including Saturday forenoon.
5th. That the salary of the Town Accountant be $550 per year.
6th. That the salary of the Clerk of the Board of Selectmen be $150 per year.
7th. That the pay of the Chief of the Police Department be $18 per week.
8th. That the pay of the Patrolmen of the Police Depart- ment be $16 per week.
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RECORDS OF TOWN CLERK.
1908]
9th. That the salary of the Members of the Board of Auditors be $50 each per year.
toth. That the pay of the Chief of the Fire Department be $18 per week.
Itth. That the pay of the Engineer of the Fire Department be $16.50 per week.
12th. That the pay of the Drivers of the Fire Department be $16 per week.
13th. That the pay of the Moderator of the Town meeting be $25 for each regular meeting, and $10 for each special meeting.
14th. That the pay of the agent and janitor of the Town Hall be $14 per week.
Respectfully submitted,
ALLEN H. COLE,
ALFRED F. FRAZIER,
WILLIS E. DOUGHTY,
HERMAN F. ASHTON, JOSEPH M. BASSETT.
Voted, To accept and adopt the report of the Salary Com- mittee.
Voted, As recommended by the Finance Committee, to appropriate the following amounts for the current year :
For State tax $16,000 00
For payment of Sewer Bonds
$4,600 00 ·
For County tax 1,200 00 .
For Gypsy Moth Work, Art. 36 2,000 00
. For Interest on Notes 6,500 00 ·
For Notes due, 1907 ·
22,000 00 .
For Interest on Sewer Bonds 7,500 00 .
For Street Lights .
10,000 00
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TOWN DOCUMENTS.
[Jan. 31
Voted, To appropriate $200 for care and maintenance of the Beattie Ambulance including unpaid bill and expense of new harness, the care of the Ambulance to be placed with the Police Department.
Voted, To appropriate $4,500 for Sewer maintenance and $480 additional for water rates for the Department.
Voted, That care of brooks, streams and water courses be left in same hands as last year.
Voted, To adopt the Committee's recommendations on Art. 20, and that a committee of three be appointed by the Chair.
Voted, To adopt all the remainder of the report of the Finance Committee.
ART. 14. Voted, Unanimously, that the sum of $20,000 be borrowed for permanent improvements, and that the Town Treasurer be hereby authorized with the approval of the Board of Selectmen to issue notes or bonds of the Town for $20,000, $1,000 payable each year from 1908 to 1917, and $11,000 paya- ble in 1917.
Voted, That the members of the present Committee on Street Lights serve for the current year, and that a vote of thanks be tendered them for past official service.
Report of the Water Commissioners on Article 32.
To the Citizens of the Town of Swampscott :
The Water Commissioners to whom was referred Article No. 32 of the warrant have carefully considered the needs of the Water Department for the coming year and beg leave to submit the following :
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RECORDS OF TOWN CLERK.
1908]
We would recommend that $3,000 of the remaining Water Bonds be issued May 1, 1907, and $5,000 additional on February 1, 1908.
In support of the above we wish to say that at the close of the fiscal year 1906 the balance on hand to the credit of this Depart- ment was $3,515.50, of this amount $2,275.00 was paid out February Ist for interest due on bonds, this left us with an actual balance at the beginning of the current year of $1,240.50. In order to make a comparative showing with the year 1905 we should add to this amount $4,090.02 expended for meters last year which would make $5,330.52 as against $5,072.09 one year ago, to say nothing of $2,940.59 used for new work and the unusual amount of $2,645.88 spent for relaying services.
The $3,000 which we ask for May Ist is simply to carry out the vote of the Town and install a second third of the meters.
The $5,000 which we suggest be bonded February Ist, 1908 is for relaying Atlantic avenue, which we believe will soon become a necessity.
This Board has been called upon at various times by the representative of the Hotel Preston to see if it would be possible to have the cement-lined pipe in Atlantic avenue relaid with cast- iron pipe, there being at present no complete line of cast-iron to this hotel, the management have had some anxiety as to what difficulties might arise in case of serious breaks in the present pipes.
The amount of revenue received by the Town from the Preston and annexes last year was $904.92 ; the amount received from all water-takers on Atlantic avenue last year was $1,979.39; and these facts should cause us to give serious consideration to this matter.
If the Town should vote at this time to relay Atlantic avenue it would be impossible to do this work before our summer peo- ple are upon us and it would be fully as well to delay it until a year from now as it would to do it this fall, under this arrange- ment we could ask for bids on pipe this fall to be delivered next spring and thus we believe a material saving could be made.
SWAMPSCOTT PUBLIC LIBRARY
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TOWN DOCUMENTS.
[Jan. 31
In closing, perhaps it would be well to state that any bonds which might be issued could be purchased with funds now standing to the credit of the Sinking Fund.
WILLIAM H. BATES, S. M. KEHOE, I. I. EDGERLY, Water Commissioners.
Voted, To accept and adopt the report on Article 32.
At 9.50 P. M., adjourned to tomorrow Tuesday evening at 7.45 o'clock.
Attest : MILTON D. PORTER, Town Clerk.
Adjourned Annual Town Meeting, April 16, 1907.
Meeting called to order at 7.40 P. M. by the Moderator.
On motion of Mr. John Albree the reading of the Finance Committee report was dispensed with; the remainder of the records of the last meeting were read and declared approved.
The Chairman of the Board of Selectmen to whom was referred Art. 21, submitted the following report which was adopted :
The Board Recommend
That the matter of Stacey Brook and Stacey Brook Outlet, and the nuisance caused thereby, be referred to the Selectmen with full power and authority to negotiate with the City of Lynn and the Metropolitan Park Commissioners for the purpose of reconstructing the outlet and abating the nuisance ;
And that they be empowered to bring any action, either at law or in equity, which they deem expedient to protect the rights of the Town and its citizens.
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RECORDS OF TOWN CLERK.
1908]
Report of the Sewer Commissioners on Art. 22.
To the Citizens of Swampscott:
The Sewer Commissioners to whom the petition of Stuart P. Ellis and others was referred for a sewer to be constructed in Orient Court would report that they find strong opposition to this petition by the several abutters on Orient Court, the peti- tioners with one exception living remote from this locality. The Commissioners therefore decline to recommend its construction.
Respectfully submitted,
A. R. BUNTING, E. H. CURTIS, Sewer Commissioners.
Report accepted and adopted.
Report on Proposed Construction of Sewers in Rockland Street and Outlook Road, as Recommended on Page 195 of the Report.
To the Citizens of Swampscott :
The Sewer Commissioners would recommended the construc- tion of sewers in Outlook road and Rockland street with partic- ular sewers as mentioned in their report, the cost being respect- ively $1,800 and $400, the money to pay for the construction to be taken from the amount now in the treasury received from sewer assessments.
Respectfully submitted,
A. R. BUNTING, E. H. CURTIS, Sewer Commissioners.
Report accepted and adopted.
ART. 31. Voted to refer this matter to the Selectmen and Highway Surveyor, the expense of same to be taken from the Appropriation for Highways.
Voted, that $400 be appropriated for repairs of Town fences.
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TOWN DOCUMENTS.
[Jan. 31
ART. 32. Voted unanimously.
That for the purpose of enabling the Town of Swampscott to install one-third of the water meters of the Town and to replace the eight-inch cement-lined water pipe in Atlantic avenue with a ten-inch cast iron water pipe, there be issued coupon bonds of the Town of Swampscott, with the privilege of registration, to the amount, at par value of eight thousand dollars ($8,000), in sums of one thousand dollars ($1,000) each, bearing upon their face the words : "Town of Swampscott Water Loan," said bonds to be signed by the Treasurer of the Town of Swampscott, and countersigned by the Water Commissioners. Said bonds shall be issued under the seal of the Town, and bear date, August 1, 1898, payable at National Shawmut Bank of Boston ; or at the office of the Treasurer of the Town of Swamp- scott, at the option of the holder on the first day of August, 1928, with interest at three and one-half per cent (32 per cent) per annum, payable semi-annually on the first days of February and August, principal and interest payable in gold coin of the United States, or its equivalent, and that the Treasurer of the Town and said Water Commissioners, at their discretion, cause such bonds to be prepared and disposed of, $3,000 upon May I, 1907, and $5,000 February 1, 1908, at such prices as they may determine, subject to the provisions of Chapter 293, of the Acts of the Legislature of the year 1898.
The Sinking Fund heretofore established under the Act above mentioned, with all the provisions thereof, shall be, and the same is hereby extended so as to provide for the payment of the bonds authorized by the foregoing vote, and any of said bonds or remaining proceeds thereof not needed for the uses before mentioned, shall be paid and contributed to said fund, and such other and further payments and contributions shall be made thereto, from time to time as are required by the provisions of said Act of 1898, Chapter 293, and by other provisions of law, and said Sinking Fund shall remain inviolate and pledged to the payment of said loan, and shall be used for no other purpose.
Voted, That the sum of $900 for a new boiler for the stone crusher, and $300 for a road machine, heretofore appropriated,
-
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RECORDS OF TOWN CLERK.
1908]
be expended under direction of the Selectmen and Highway Surveyor, also that the sums of $400 for horses, $300 for new fire hose, and $150 for fire alarm boxes be expended under direction of the Selectmen and Chief Engineer of the Fire Department.
The Finance Committee's report on Article 20 was adopted, and E. M. Tuttle, George Barker, and the Chief Engineer of the Fire Department, were appointed as the Committee.
A Committee consisting of E. G. Hodgkins, Joseph M. Bassett and Robert Leslie was appointed by the Moderator, to report at a subsequent meeting upon temporary repairs on the Engine House, and also to consider location, plans, and probable cost of a new building for the Fire Department.
The following were named by the Moderator as the Committee of Ways and Means in accordance with the By-Laws :
Elgar H. Townsend, Frank H. Gage, George A. Heath, H. Cushing Bulfinch, Robert B. Wardwell, James E. Phillips, and Allen H. Cole, Mr. Bulfinch having declined, Willis E. Doughty was appointed, and Mr. Cole having removed from the Town, John Albree was chosen to serve in his stead.
Voted, That the amount appropriated for the current year be $173,935.00, and that $20,000 of this sum be raised by loan for permanent improvements.
At 8.35 P. M. adjourned to Tuesday evening, June 25, 1907 at 7.45 o'clock.
Attest : MILTON D. PORTER,
Town Clerk.
.
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TOWN DOCUMENTS.
[Jan. 31
Special Town Meeting June 25, 1907.
TOWN WARRANT.
ESSEX, SS.
To either of the Constables of the Town of Swampscott in said County, GREETING :
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Swampscott, qualified to vote in elections and in Town affairs, to meet at the Town Hall, in said Swampscott, on Tuesday, the twenty-fifth day of June, current, at 7.30 o'clock in the afternoon, then and there to act on the following articles, viz. :
ARTICLE I. To see if the Town will macadamize and resurface Monument avenue on the easterly side from Burrill street to Devens road, and appropriate money for the same, as recommended by the Surveyor of Highways.
ART. 2. To see if the Town will vote to appropriate one thousand dollars to be added to the appropriation for mainte- nance for the Sewer Department, as recommended by the Sewer Commissioners.
ART. 3. To see if the Town will vote to appropriate three hundred dollars for the care of Brooks, as recommended by the Surveyor of Highways.
ART. 4. To see if the Town will amend its vote of April 16, 1907, authorizing the issue of eight thousand dollars of Water Bonds by substituting the words "first day of May, 1907, and the first day of February, 1908, as hereinafter provided," for the words " first day of August, 1898," so that said vote shall read as follows :
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RECORDS OF TOWN CLERK.
1908]
Voted, That for the purpose of enabling the Town of Swamp- scott to install one-third of the water meters of the Town and to replace the eight-inch cement-lined water pipe in Atlantic avenue with a ten-inch cast-iron water pipe, there be issued coupon bonds of the Town of Swampscott, with the privilege of registration, to the amount, at par value, of eight thousand dollars ($8,000) in sums of one thousand dollars ($1,000) each, bearing upon their face the words " Town of Swampscott Water Loan," said bonds to be signed by the Treasurer of the Town of Swampscott and countersigned by the Water Commis- sioners. Said bonds shall be issued under the Seal of the Town, and bear date, first day of May, 1907, and first day of February, 1908, as hereinafter provided, payable at National Shawmut Bank of Boston, or at the office of the Treasurer of the Town of Swampscott, at the option of the holder, on the first day of August, 1928, with interest at three and one-half per cent (3} per cent.) per annum, payable semi-annually on the first days of February and August, principal and interest payable in gold coin of the United States, or its equivalent, and that the Treasurer of the Town and said Water Commissioners, at their discretion, cause such bonds to be prepared and disposed of, $3,000 upon May 1, 1907, and $5,000, February 1, 1908, at such places as they may determine, subject to the provisions of Chapter 293, of the Acts of the Legislature of the year 1898.
The Sinking Fund heretofore established under the Act above mentioned, with all the provisions thereof, shall be, and the same is hereby extended so as to provide for the payment of the bonds authorized by the foregoing vote, and any of said bonds as remaining proceeds thereof not needed for the uses before mentioned, shall be paid and contributed to said fund. And such other and further payments and contributions shall be made thereto, from time to time, as are required by the provisions of said Act of 1898, Chapter 293, and by other provisions of law. And said Sinking Fund shall remain inviolate, and pledged to the payment of said loan, and shall be used for no other pur- pose, as recommended by the Water Commissioners.
.
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TOWN DOCUMENTS.
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ART. 5. To see if the Town will vote to repair and put to grade Jessie street, and appropriate four hundred dollars for the same, as petitioned for by Edward Ball and others.
ART. 6. To see if the Town will vote to macadamize Burrill street from Essex street to the overhead bridge, and appropriate eight hundred dollars for the same, as recommended by the Surveyor of Highways.
ART. 7. To see if the Town will appropriate the sum of $3, 218.55 for moth work, as required by the Commonwealth of Massachusetts.
And you are directed to serve this Warrant by posing attested copies thereof at the Town Hall, Depot, Post Office, and three other public and conspicuous places in the Town, seven days at least before the time 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.
Given under our hands this Fourteenth day of June, in the year nineteen hundred and seven.
ARTHUR C. WIDGER, MARTIN L. QUINN, FRED C. MARSH,
Selectmen of Swampscott.
A true copy. Attest :
RICHARD G. GILLEY,
Constable.
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RECORDS OF TOWN CLERK.
1908]
Return on the Warrant.
Pursuant to the within Warrant to me directed, I have notified the legal voters of Swampscott by posting attested copies of said Warrant at the Town Hall, Depots, Post Offices and twenty other places in said Swampscott on Tuesday the eighteenth day of June, 1907, the posting of said notices being at least seven days before the time of said meeting.
RICHARD G. GILLEY, Constable.
Meeting called to order at 7.30 P. M., by the Moderator. Mr. Townsend, Chairman of the Ways and Means Committee, sub- mitted the following report on the matter contained in the War- rant.
SWAMPSCOTT, MASS., June 25, 1907.
To the Citizens of Swampscott :
In the preparation of their recommendations on the various articles in the Town Warrant for the Special Town Meeting the Committee on Ways and Means finds itself asked to advise the expenditure of about $4,350 with no means of providing the same other than by the imposition of a high tax rate or by increasing the bonded indebtedness of the Town to an extent not considered advisable at this time.
At the last Annual Town Meeting the Finance Committee after a thorough study of conditions recommended the appropri- ations of amounts approximating $174,000 for the ensuing year. Of this sum bonds to the extent of $20,000 were issued.
The balance must be raised by taxation and the assessors find that with the addition of new properties and a revision of the valuations already existing they will be compelled to name a tax rate in excess of that of last year and consequently the highest in the history of the Town.
We do not wish to dwell needlessly on the danger of driving residents with considerable personal property subject to taxation
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TOWN DOCUMENTS.
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from our midst but must not ignore the fact that their removal has already begun and our receipts will suffer this year to the extent of between two and three thousand dollars.
With these facts in mind we strongly advise a conservative spirit on the part of the Town in incurring further obligations.
As to ART. I. The easterly side of Monument avenue, although not one of the main arteries of Town, is considerably used. Its condition would, of course, be much improved by macadamizing but the surface is now in fair shape and such repairs as may be needed should be met from the regular appro- priation at the disposal of the Highway Department. We recommend that this work be postponed until some future time and that no appropriation be made.
ART. 2. The sum asked for by the Sewer Commissioners is desired to make good the deficiency caused by the payment of five years accumulated salary of one of the Board. As there are sufficient funds at the disposal of the Board we recommend that the amount be drawn from such funds and that the sum needed be included by the Sewer Commissioners in their estimate at the next annual Town Meeting.
ART. 3. Refering to the question of brooks, we recommend that no sum be appropriated for this work but that the Surveyor of Highways give the brooks such care as is needed with means at his disposal.
ART. 5. The removal of an elevation and filling of a depres- sion would improve the grade of Jessie street but we feel that no immediate danger is to be met and deem it unwise to expend the money this year. We therefore recommend that no action be taken at this time and no appropriation be made.
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