Town annual report of Swampscott 1923, Part 6

Author: Swampscott, Massachusetts
Publication date: 1923
Publisher: The Town
Number of Pages: 296


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That for the purposes specified in Articles 41, 42 and 43, which relate to the appropriation of six thousand dollars for the construction of a sewer in Humphrey Street from the Palmer School, so-called, to Palmer avenue for a distance of about seven hundred feet; eighteen hundred dollars for the purpose of extending the present sewer at the corner of Palmer avenue to Humphrey street for a distance of two hundred fifty feet east of Humphrey street, twelve hundred dollars for the purpose of extending the sewer in Mountain avenue for a distance of about six hun- dred seventy feet from Beach avenue, said appropriations aggregating nine thousand dollars, that the Treasurer, with the approval of the Select-


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men, be authorized to borrow a sum not to exceed nine thousand dollars and to issue bonds or notes of the town therefor; said bonds or notes to be signed by the Treasurer and countersigned by a majority of the Select- men, and shall be issued and payable in accordance with the provisions of Chapter 44 of the General Laws and of Chapter 278 of the Acts of 1920, so that the whole loan shall be paid in not more than thirty years from the date of the issue of the first bond or note or at such earlier dates as the Treasurer, with the approval of the Selectmen, may determine. Said bonds or notes to be denominated on the face thereof "Swampscott Sew- erage Loan, Acts of 1920," and shall bear such rates of interest as may be fixed by the Treasurer with the approval of the Selectmen. (Unanimous.)


Voted to adopt the following resolutions:


Whereas :- The Public Utilities Commission for the Commonwealth of Massachusetts has granted to the Eastern Street Railway Company the right to operate jitney busses in seventy-one cities and towns in the dis- trict, providing the same is confirmed by the said cities and towns.


Be it resolved :-


That no action be taken by the Town of Swampscott until a vote by ballot of its citizens shall either confirm or reject the proposition, if presented.


Voted, that a rising vote of thanks be tendered to the Finance Commit- tee for their work for the past year.


Voted, that when we adjourn it be until Wednesday, April 11, current, at 2 o'clock in the afternoon, in Town Hall, for the purpose of voting by ballot upon the several motions that have been so referred by this meet- ing in accordance with the provisions of the by-law, entitled "By-law to place motions on the ballot."


Voted to adjourn at 11 P. M.


Attest : RALPH D. MERRITT, Town Clerk.


Adjourned Annual Town Meeting, April 11, 1923


In accordance with the adjournment of April 3rd the voters assembled on April 11, 1923, to vote by ballot under the by-laws on certain appro- priations referred to the adjourned meeting.


The meeting was called to order at two o'clock P. M. by Daniel F. Knowlton, Moderator.


The following were appointed by the moderator to act as ballot clerks and tellers :- Paul M. Doane, Alice Shaw, Herman Story, George J. Place, E. Stanley Flagg, Frank G. Melvin, Fred Wallace, Alexander Wal- lace, Kate Hadley, Esther Freidman and Martha F. Duren.


The ballot box register was 822. There were 819 ballots cast, and the check list agreed with the number of ballots cast.


The following result of balloting was declared by the Town Clerk at 8.10 o'clock.


Question 1, subject, Article 49, appropriation of $1,200 for double tennis courts.


Motion : Shall the town appropriate $1,200 for the purposes stated in Article 49? Yes, 292; No, 518; Blanks, 9.


Question 2, subject, Article 50, appropriation of $2,000 for the pur- chase and installation of portable bleachers.


Motion: Shall the town appropriate $2,000 for the purposes stated in Article 50? Yes, 289; No, 518; Blanks, 12.


Question 3, subject, Article 51, appropriation of $2,200 for playground activities.


Motion: Shall the town appropriate $2,200 for the purposes stated in Article 51? Yes, 306; No, 502; Blanks, 11.


The Fourth of July Committee was appointed by Moderator Daniel F.


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Knowlton as follows: Park Commissioners, George J. Place, Harry E. Cahoon, E. Stanley Flagg, Ralph H. Russell, same committee to act on. advisability of constructing a landing stage at Blaney Beach and report at some meeting later.


Voted, to dissolve at 8.15 P. M.


Attest: RALPH D. MERRITT,


Town Clerk.


Committees Named


June 1, 1923.


The Moderator appointed William L. Quinn, Chief of Police, Weston K. Lewis, C. Sanford Doughty and H. Ashley Bowen, a committee to study and consider the advisability of installing the Gamewell system of tel- ephones and red lights as a needed asset to the Police Department.


On committee of dividing the town into zones the Moderator appointed Martin L. Quinn, James W. Santry, Henry S. Baldwin, Clarence B. Humphrey, Ernest M. Folger, Hiram M. Rowell and James L. Taylor, this committee to report at the next annual town meeting.


Attest: RALPH D. MERRITT, Town Clerk.


Special Town Meeting for July 13, 1923


The following petition for a special town meeting was filed with Ralph D. Merritt, justice of the peace, on July 13, 1923 :


Ralph D. Merritt,


Justice of the Peace,


Swampscott, Mass.


Dear Sir :-


We, the undersigned, comprising more than 100 registered voters of the Town of Swampscott, application having been made to the Selectmen by more than 100 registered voters of the town to call a special town meeting to act upon the subject hereinafter set forth, and the Board of Selectmen having unreasonably refused to call such special town meeting, request you, in accordance with Chapter 39, Section 12, of the General Laws, to call a special town meeting, for the purpose of acting on the following :-


Article 1. To see if the town will vote to purchase two (2) beacon lights similar to those removed from the corner of Burrill street and Paradise road and New Ocean street, and appropriate money for the same.


Article 2. To see if the town will instruct the chief of police to locate said lights approximately as previously placed, upon obtaining, if nec- essary, the consent of the Massachusetts Public Works Department, High- way Division.


Signed by: Coleman M. Wood, William H. Carroll, Stuart P. Ellis, Fred Wallace, Harry E. Cahoon and 100 more registered voters of the Town of Swampscott.


Warrant for Special Town Meeting, Tuesday, July 24, 1923


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 assemble in the Town Hall, in said Swampscott, on Tuesday, the twenty-fourth day of July, at 8.00 P. M.,. then and there to act on the following articles, viz .:


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Article 1. To see if the town will vote to purchase two (2) beacon lights similar to those removed from the corner of Burrill street and Paradise road and New Ocean street, and appropriate money for the same, as petitioned for by Coleman M. Wood, et als.


Article 2. To see if the town will instruct the chief of police to locate said lights approximately as previously placed, upon obtaining, if nec- essary, the consent of the Massachusetts Public Works Department, High- way Division, as petitioned for by Coleman M. Wood, et als.


Article 3. To appropriate and raise, by borrowing or otherwise, such sum or sums of money as may be necessary for any or all of the purposes mentioned in the foreging articles.


And you are directed to serve this warrant by posting attested copies thereof at the Town Hall, post offices and three other public and conspicu- ous places in the town, seven days before the day appointed for 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 afore- said.


Given under my hand this thirteenth day of July, A. D., 1923.


RALPH D. MERRITT, Justice of the Peace. My commission expires May 10, 1929.


A true copy. Attest :


FRANK H. BRADFORD, Constable.


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, post offices and three other public and conspicuous places in Swampscott on Monday, July 16, 1923, the posting of said notices being at least seven days before the time of said meeting.


FRANK H. BRADFORD, Constable.


Special Town Meeting, July 24, 1923


In accordance with the warrant, the voters assembled at the Town Hall on Tuesday evening, July 24, 1923.


The meeting was called to order at 8 o'clock by Daniel F. Knowlton, Moderator.


The warrant and return thereon was read by the Town Clerk.


The report of the Finance Committee on Article 1 was read by Harry D. Linscott, chairman.


REPORT OF THE FINANCE COMMITTEE


On Articles in Warrant for Special Town Meeting of July 24, 1923


Article 1. A difference of opinion exists between the Board of Select- men and certain citizens as to the advisability of installing at the S curve, corner of Burrill street and Paradise road, two beacon lights, with concrete base, produced and sold by the American Gas Accumulator Com- pany of Elizabeth, New Jersey, and introduced into town by the com- pany's New England representative, Charles F. Post. The cost of pur- chasing and installing the lights is estimated at about $300 each and the cost of maintenance, assuming they remain intact, at about $18 a year each. The question of installing the lights has twice come before the


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Board of Selectmen, once in 1922, and again recently, and on each occa- sion the board has voted against adopting them.


A majority of the Board of Selectmen are of the opinion that, however meritorious the lights may be elsewhere, because of their size, heavy base, the narrowness of the street, and for other reasons, including cost, they are not adaptable for the particular location in question and are actually dangerous to traffic. This view also seems to be held by the chief engineer of the Division of Highways of the Commonwealth, who may be regarded as an expert on the question of traffic lighting. Those citizens favoring the lights hold that these particular beacon lights are necessary and practical.


Whatever the merits of this difference, the fact is that under the laws by which the affairs of the town are administered the Board of Selectmen and not the citizens are the ones to determine whether traffic signals are needed at a particular spot and the type of traffic signals to approve. The Selectmen are not employees of the town. They are officials whose office and duties are provided by law and who have the responsibility and the right to perform the duties imposed upon them according to their best judgment. For misconduct they are answerable to law, and for their judgment they are answerable to the approval or disapproval of the voters at the annual election. But they are not subject to direct action of the voters on ad- ministrative details. Any action of the voters on the articles in the warrant would amount to little more than an expression of public opinion, in so far as a special meeting in July may represent the opinion of the town. While meetings for the purpose of passing resolutions or other- wise voicing an expression of public sentiment as a guide to town officials may sometimes be desirable, yet for the townspeople to try to assume themselves the direction of minor problems of the various departments, such as this, would only create confusion and, in our opinion, would tend to establish a precedent by means of which officials could dodge the re- sponsibility which the law intends them to bear.


Besides the foregoing reasons, we also feel that after the budget is voted at the adjourned annual meeting in April it is not advisable to make additional appropriations except in cases of emergency, and that this is not one. Also, that if the Board of Selectmen should at any time determine that new traffic lights were needed at this point, attention ought not to be confined to this particular type of light, but that other kinds also should be investigated. At the hearing before our committee we were informed by the chairman of the Board that the Lynn Gas & Electric Company has offered to install electric traffic lights here free of charge, so that the only cost would be that of maintenance. This certainly deserves consideration. We accordingly recommend that action under this article be indefinitely postponed.


Article 2. The foregoing article does not call for a recommendation by our committee.


Article 3. We recommend that action under this article be indefinitely postponed.


HARRY D. LINSCOTT, JOHN A. HOLMES, BENJ. B. BLANCHARD, WILL B. ANDERSON, FRANK H. PAYNE, ARTHUR M. WYMAN, Finance Committee.


Voted, Article 1. Not to accept the report of the Finance Committee, nor their recommendations. Fifteen voters requested that Article 1 be placed on the ballot, in accordance with the town by-laws.


Article 2. Fifteen voters requested that Article 2 be placed on the ballot, in accordance with the town by-laws.


Article 3. Fifteen voters requested that Article 3 be placed on the ballot, in accordance with the town by-laws.


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Voted, that when we do adjourn it be to Wednesday, August 1, 1923, at 4 o'clock in the afternoon, in Town Hall, for the purpose of voting by ballot upon the several motions that have been so referred by this meet- ing in accordance with the provisions of the by-laws, entitled "By-law to place motions on the ballot."


The chairman of the Board of Selectmen presented the following letter for the Town Clerk's records, to be a part of the records of this meeting.


July 24, 1923.


In response to an inquiry from the Board of Selectmen, the Town Counsel has stated in a written opinion to the Board that the placing of lights on any highway within the limits of. the town constitutes an obstruc- tion within the meaning of section 5 of chapter 9 of the by-laws and that, in accordance with the provisions thereof these lights cannot be placed upon any such highway without the permission of the Board of Selectmen in writing.


The Board of Selectmen, therefore, objects to any action by this meet- ing that does not contemplate obtaining such permission from said Board on the ground that such action by the town would be contrary to the pro- visions of the above by-law and therefore illegal.


The Board further requests that this objection be filed with the records of the meeting.


Voted to adjourn at 9.05.


HENRY S. BALDWIN, JULIUS A. ULMAN. Selectmen.


Attest: RALPH D. MERRITT, Town Clerk.


Adjourned Special Town Meeting, August 1, 1923


In accordance with the adjournment of July 24, 1923, the voters as- sembled on August 1, 1923, to vote by ballot under the by-laws on certain appropriations referred to the adjourned meeting.


The meeting was called to order by Daniel F. Knowlton, Moderator, at 4 P. M.


The following were appointed to act as ballot clerks and tellers, and were qualified for same : Harry E. Cahoon, George J. Place, Fred C. Marsh, Her- man E. Story, Frank G. Melvin, E. Stanley Flagg, William H. Gowell, John Finnigan, Ralph Maxwell, William Bergin, James T. Lyons and Martha F. Duren.


The ballot box registered 1180 votes. There were 1180 votes cast, and check lists agreed with number of ballots cast.


The following result of the balloting was declared by the Town Clerk at 9.25.


Question 1, subject, Article 1. To see if the town will vote to purchase two (2) beacon lights, similar to those removed from the corner of Burrill street and Paradise road, and New Ocean street.


Motion, Shall the town accept and adopt Article 1? Yes, 579; No, 571; Blanks, 30.


Question 2, subject, Article 2. To see if the town will vote to instruct the Chief of Police to locate said lights.


Motion, Shall the Town vote to instruct the Chief of Police as stated in Article 2? Yes, 602; No, 559; Blanks, 19.


Question 3, subject, Article 3. To appropriate and raise by borrowing or otherwise, such sums of money as may be necessary for any or all of the purposes mentioned in the foregoing articles.


Motion, Shall the town vote for the purposes as stated in Article 3? Yes, 592; No, 561; blanks, 27.


Voted to dissolve at 9.35 P. M.


Attest : RALPH D. MERRITT, Town Clerk.


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Appointments by Moderator


SWAMPSCOTT, MASS., Aug. 3, 1923.


John F. Luther was appointed by the Moderator to act on the committee of Gamewell system of telephone and red lights, to fill the place made vacant by the resignation of Weston K. Lewis.


Attest: RALPH D. MERRITT, Town Clerk.


SWAMPSCOTT, MASS., August 31, 1923.


Henry A. Sadler, 61 Cherry street, was appointed a member of the Finance Committee for three years by the Moderator.


Attest : RALPH D. MERRITT,


Town Clerk.


Warrant for Special Town Meeting


Monday, September 10, 1923.


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 elec- tions and in town affairs to assemble in the Town Hall, in said Swampscott, on Monday, the tenth day of September, at 8 P. M., then and there to act on the following articles, viz .:


Article 1. To see if the town will vote to raise and appropriate a sum of money to pay its proportion of the cost of the Essex County Tuberculosis Hospital as assessed upon the town under date of August 11, 1923, and authorize the Treasurer to borrow any or all of the said sum or take any action relative thereto that may be deemed advisable, in accordance with the provisions of Sections 78 to 91, inclusive, of Chapter III of the General Laws and Acts in amendment thereof or in addition thereto.


Article 2. To see if the town will vote to rescind the vote passed under Article 19 of the warrant for the annual town meeting at the adjournment thereof held April 3, 1923, whereby the Board of Selectmen were author- ized to take by right of eminent domain, for public school purposes, the premises described in said article.


Article 3. To see if the town will vote to purchase or take by right of eminent domain, for public school purposes, and appropriate money there- for, a certain parcel of land hereinafter described, with the buildings thereon, or to take any action in the matter that may be deemed advisable, viz .: Beginning at a point at the southeast corner of the Hadley school lot; thence northerly for a distance of about one hundred two feet; thence east- erly for a distance of about sixty-nine feet; thence southerly for a distance of about one hundred two feet to the northerly side of Redington street; thence westerly along said street to the point of beginning.


Article 4. To see if the town will vote to accept Chapter 391 of the Acts of 1923 entitled "An Act Relative to the Collection of Water Rates."


Article 5. To see if the town will authorize the Board of Fire Engineers to dispose of the old horse drawn chemical engine now stored at the Phillips Beach chemical house and apply the proceeds to install chemical apparatus on the department service car.


Article 6. To see if the town will vote to authorize the Board of Fire Engineers and the Chief of Police to purchase such uniforms as may be necessary for the permanent men of their respective departments, and appro- priate money for the same, as recommended by the Board of Selectmen.


Article 7. To appropriate and raise, by borrowing or otherwise, such sum or sums of money as may be necessary for any or all of the purposes men- tioned in the foregoing articles.


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And you are directed to serve this warrant by posting attested copies thereof at the Town Hall, post offices, and three other public and conspicu- ous places in the town, seven days before the day appointed for said meeting.


HEREOF FAIL NOT, and make due return of this warrant, with your do- ings thereon, to the Town Clerk at the time and place of meeting aforesaid.


Given under our hands this twenty-ninth day of August, A. D., 1923.


HENRY S. BALDWIN, FRANK E. MORRISON, Selectmen of Swampscott.


A true copy. Attest :


FRANK H. BRADFORD, Constable.


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, post offices, and three other public and conspicuous places in Swamp- scott on Saturday, September 1, 1923, the posting of said notices being at least seven days before the time of said meeting.


FRANK H. BRADFORD, Constable.


Special Town Meeting, September 10, 1923


In accordance with the foregoing warrant the voters assembled at the Town Hall on Monday evening, September 10, 1923, and were called to order at 8 P. M. by Daniel F. Knowlton, Moderator.


The warrant calling the meeting and the return thereon was read by the Town Clerk.


The report of the Finance Committee was read by Harry D. Linscott.


Report of the Finance Committee for Articles in the Warrant of the Special Town Meeting of September 10, 1923


Article 1. Since the calling of the special town meeting the County Commission has postponed assessment of the cost of the Essex County Tu- berculosis Hospital, with a view to making a final attempt to have the cost apportioned in such manner as to cause less hardship to the towns of Essex County. Unless the apportionment is changed the share that Swampscott will have to pay will be something over $90,162. However, in view of the postponement by the County Commissioners no action under this article is necessary at present and we recommend that action thereunder be in- definitely postponed.


Article 2. We recommend that said vote passed under Article 19 of the warrant for the annual town meeting at the adjournment thereof April 3, 1923, whereby the Board of Selectmen was authorized to take by right of eminent domain for public school purposes the premises described in said article, be not rescinded.


Article 3. We recommend that action under this article be indefinitely postponed.


Article 5. We recommend that action under this article be indefinitely postponed.


Article 6. In the different cities and towns throughout the Commonwealth there is a variety of rates of pay for policemen and firemen and also quite a variation as to the custom of furnishing uniforms. The expense of a uni- form per man runs to about $70. The department heads point out that only one or two men need uniforms at present and accordingly the addi- tional expense for 1923 would be slight and could be taken out of the reg- ular departmental appropriation. But if the town voted to authorize that this be done it would, of course, mean that the custom of providing uniforms


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for the policemen and firemen would become fixed upon the department as an additional permanent overhead expense. Policemen and firemen in Swamp- scott receive $1800 a year, one day off in eight, two weeks' vacation with pay, and the benefit of a pension system. We believe they are well pro- vided for and indeed the position seems to be generally regarded as 'a de- sirable one. It is true that the members have to purchase certain regulation clothing, but this is not confined to these particular departments. For ex- ample, regular members of the Highway Department are required to pro- vide themselves with certain clothing to withstand inclement weather which they would not have to buy perhaps if they had different occupations. Of neighboring cities and towns, Nahant furnishes its patrolmen with summer uniforms, but not with their winter ones; but Nahant pays its patrolmen only $1642 per year. Patrolmen in Saugus have the same pay as in Swamp- scott and are not furnished with uniforms. Patrolmen in Lynn are fur- nished with uniforms, but they do not receive $1800 until they have served three years. In Salem the pay is the same as in Swampscott and the mem- bers buy their own uniforms. We do not believe that the Town of Swamp- scott should provide the uniforms in question, as we also feel that the time to place matters of this kind before the town is at a regular and not a spe- cial town meeting.


We recommend that action under this article be indefinitely postponed.


Article 7. We recommend that action under this article be indefinitely postponed.


HARRY D. LINSCOTT, HENRY A. SADLER, FRANK H. PAYNE, BENJ. B. BLANCHARD, WILL B. ANDERSON, Finance Committee.


Voted, Artiele 1. That action under this article be indefinitely post- poned.


Article 2. Voted that the report and recommendation of the Finance Committee be accepted and adopted, that the town not rescind the vote passed under Article 19 of the warrant for the annual town meeting at the adjournment thereof held April 3, 1923.


Article 3. Voted to adopt the following resolution, that the Board of Selectmen make a taking under Article 3.


Voted to accept and adopt the report and recommendation of the Finance Committee that action under this article be indefinitely postponed.




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