USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1925 > Part 16
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"THE COURT'S FINDING AND RULINGS"
"The issue for the court to determine is whether or not the action of the respondents in removing the petitioner from the office of chief of police and from the Police Department of Swampscott was justified. Under the General Laws, the court, 'shall affirm the de- cision of the officer or board unless it shall appear that it was made without proper cause or in bad faith.' Chapter 242 of the Acts of 1923 removes the words 'without proper cause or in bad faith.' This later act requires the court, 'to determine whether or not upon all the evidence such action was justified,' and 'if the court finds that such action was justified, the decision at the hearing shall be affirmed.' Under the former act the burden was upon the petitioner to establish affirmatively by a fair preponderance of the evidence that the officer or board removing him acted either in bad faith or without proper cause. The Act of 1923, in the opinion of the court, still imposes upon the petitioner, the burden of establishing affirma- tively by a fair preponderance of the evidence that the decision of the Board of Selectmen was not justified.
"This proceeding is one of review. The word 'review' indicates a re-examination of a proceeding already concluded, for the purpose of preventing a result which appears not to be based upon the exer- cise of an unbiased and reasonable judgment. It does not import a reversal of the earlier decision, honestly made upon evidence which appears to an unprejudiced mind sufficient to warrant the decision made (and to quote further from Murray vs. Justices of the Mu- nicipal Court, Boston, 233 Mass., Page 189) although of a character respecting the weight of which two impartial minds might well reach different conclusions. Without stating the evidence again in detail the board was warranted in drawing the following conclusions:
"That the petitioner was paid substantial sums of money by a certain person or certain persons and in consideration therefor, the petitioner allowed the said person or persons to land large quanti- ties of intoxicating liquor upon the shores of Swampscott and also
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[Dec. 31
allowed them to transport large quantities of intoxicating liquor through the Town of Swampscott without interference by the police; that the petitioner knew that sums of money were being paid by a certain person or certain persons to police officers of the Swampscott Police Department for the purposes stated above and sanctioned the said payments; that the petitioner had knowledge where smug- gled intoxicating liquors were stored in Swampscott and did not act faithfully as a member of the Police Department upon the knowledge that he possessed; that the petitioner was at different times in tele- phone communications with different persons who landed and stored intoxicating liquors in Swampscott and the telephone communica- tions were held for the purpose of aiding the said persons in landing and storing intoxicating liquors; that on the 17th of December, 1924, the petitioner knew that there were trucks and automobiles in the vicinity of Galloupe's Point in Swampscott and that the trucks and automobiles were engaged in the illegal landing and transporting of liquor and he did not faithfully act as an officer of the Police Department in the possession of such knowledge nor did he faith- fully and properly investigate as a result of the knowledge that he possessed; that on the 17th of December, 1924, the petitioner pur- posely withheld raiding certain premises in Swampscott at Galloupe's Point until certain persons who had stored intoxicating liquor on those premises had had full opportunity to remove the said liquor from the said premises; that on the 27th of December, 1924, the petitioner purposely withheld serving a search warrant for intoxi- cating liquors on certain premises at Galloupe's Point in Swampscott for four and one-half hours when he had knowledge that intoxicat- ing liquors were stored on those premises, in order that the person or persons in possession of the intoxicating liquors could move the said intoxicating liquors from the premises; that the petitioner on the 27th of December, 1924, communicated with certain persons in possession of smuggled intoxicating liquor on premises at Galloupe's Point in Swampscott and gave said persons the information that he had to raid the premises before the federal officers came and re- quested them to leave a small quantity of the liquor to be seized; that the petitioner after being informed by a police officer of his department of a proposed landing of intoxicating liquor upon the shores of Swampscott and after sending the police officer to appre- hend the person or persons landing the intoxicating liquor, signaled the occupants of the boat containing the intoxicating liquor with a search light so that the persons landing the liquor would not be apprehended; that the petitioner had knowledge that an assault with a dangerous weapon was committed by one of the persons en- gaged in the landing of liquor upon another person also engaged in similar acts, on November 28, 1924, and made no investigation nor complaint nor arrest in reference thereto; that the petitioner conspired with certain persons to land intoxicating liquor on the shores of Swampscott; store the same in the Town of Swampscott, transport the same through the Town of Swampscott and thereby violated the Federal and State laws.
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"Counsel for the petitioner at the hearing before the court on the petition for review, stated that he did 'not contend that the Board of Selectmen, if they believed the testimony of the witnesses of- fered, was not, to use the language of the statute, justified in finding the respondent guilty of the charges upon which they found him guilty.'
"It has been claimed by the petitioner that he was not given an opportunity to present a defense to the charges brought against him. The particular portion of the statute in reference to the petitioner having an opportunity at the hearing before the Board of Selectmen to present a defense to the charges reads as follows: 'And the police officer concerned shall be allowed to answer the charges preferred against him either personally or by counsel.'
"The petitioner was given a full statement of the reasons for his contemplated removal on April 29, 1925, and notified that there would be a hearing on May 5. A demand for a public hearing was made by the petitioner on April 30, 1925. On May 4, the petitioner demanded that specifications be furnished as to the charges and on May 5, full specifications were furnished him. The hearing was held May 5, 6, 11, 12, 13, 14, 15, 18, 19 and 20. The petitioner was present at each session until the session of May 19. A stenographic report of the evidence was taken by a competent stenographer and a full transcript of the testimony was in the possession of either the peti- tioner or his counsel.
"The court does not believe that it is necessary to again summar- ize the evidence as to what occurred at the hearing on May 19 and May 20. It must be borne in mind, however, that the board not only heard but saw the medical witnesses as to the petitioner's condition. Certainly, the board possessed an advantage not afforded the court. Some weight due to this circumstance inevitably must attach to the findings of the board in reference to the petitioner's ability to pro- ceed with his defense. It is not an uncommon or rare happening for a court or jury to be impressed by the testimony of one medical witness and to believe that it is not greatly assisted by the testimony of another witness of the same profession. The board was warranted in finding that the petitioner was feigning illness and that he either had not the courage to proceed further with the hearing or had no defense to the charges. It could also have reached the reasonable conclusion and been warranted in drawing it, that the petitioner shrewdly believed that by his action in absenting himself from the hearing he could raise a technical question as to his removal.
"The petitioner had had ample time to prepare his defense. He had the services of able counsel. Certainly his counsel could have proceeded with the defense of the petitioner even if the petitioner was compelled to be absent. Counsel for the petitioner had agreed to go on with the hearing on the 20th whether the petitioner was present or not and his failure to keep his agreement was because his client, the petitioner, had instructed him to break it. The peti-
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tioner's instructions to his counsel not to permit a medical examina- tion of the petitioner certainly tends to show that the petitioner was not acting in good faith with the board nor representing the truth as to his condition and ability to be present at the sessions of the hearing on the 19th and 20th. It does not seem to the court that the petitioner should complain concerning a condition, which a rea- sonable view of the evidence would tend to prove that he created himself.
"Although it was not incumbent upon the board to give notice to the petitioner of its intention to stay in session until four-thirty P. M. on the afternoon of May 20, the court believes that the board was warranted in drawing the conclusion that the petitioner received notice of its contemplated action both through the notice served by the constable and also through the petitioner's father who was present at the sessions of the hearing on the 19th and 20th. The evidence heard by the court also was of such a nature as to cause the court to be of the opinion that the board was warranted in find- ing that the petitioner had received notice of its intended action. The court believes and finds that the board was warranted in finding that the petitioner had ample opportunity to present his defense.
"As to the testimony of one witness heard by the court as to prejudice and bias of one member of the Board of Selectmen, the evidence was indefinite and vague and would not warrant the court in finding that there was any prejudice on the part of any member of the board toward the petitioner.
"I therefore find and rule that the action of the board was justi- fied and it is hereby ordered, adjudged, and decreed, that the decision of the board, finding the petitioner guilty of charges, numbered 2, 3, 4, 5, 6, (as qualified in the decision of the board) 7, 8, 9 and 10, and the removal of the petitioner from the office of Chief of Police and from the Police Department of Swampscott be and is hereby affirmed.
Signed: RALPH W. REEVE, Justice District Court of Southern Esser.
Upon the removal of Chief Quinn in May the board, with the ap- proval of the Civil Service Commission, designated Deputy Callahan as temporary acting head of the Police Department and Officer Reeves as his assistant, with the assignment of re-organizing the Police Department and continuing the investigation. On November 13 Officer Reeves, with the approval of the Civil Service Commis- sion, was permanently transferred from the Lynn to the Swampscott department as a regular member of the latter. On Nevember 13 the board requested the Civil Service Commission to hold competi- tive examinations for the office of Chief of Police. Examinations were held on December 11th and were taken by seven members of the department. On December 28 the board received from the com-
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mission a list of those eligible for appointment, being the three highest. They were, in the order of their marks, Walter F. Reeves, Eugene P. Brogan, George Philcrantz. On December 29 the board appointed Walter F. Reeves Chief of Police of Swampscott.
In investigating conditions here and restoring the morale of the Police Department, Deputy Callahan deserves high commendation. His assignment to Sawmpscott was not in accordance with, but in spite of, his personal wishes. In the face of many obstacles he performed his work with courage, ability, due regard to the rights of those under investigation, and a high conception of his duty as an officer of the law. As was to be expected, occasional attempts to discredit his work were made here and in Lynn, but these, lacking foundation, were of no effect. Without his ability and experience as a trained investigator, and his capacity for constant work, we doubt if it would have been possible to obtain the facts regarding conditions in Swampscott. He received no reward other than the satisfaction of duty well performed. The service he rendered was not of the kind that could be had for hire. In all respects he was ably assisted by Officer Reeves, whose work deserves praise. We also commend Officer James M. Kennedy of Swampscott for the rea- son that he had the character and courage to give to Deputy Calla- han and the board the benefit of his experience and to render valu- able assistance in the investigation.
Neither the investigation nor the re-organization of the depart- ment can be finished until after Deputy Callahan and Chief Reeves render their final report.
The cost of the investigation and work of re-organizing the depart- ment has been:
City of Lynn-reimbursement for salary of Edward D.
Callahan, February 26 to May 22 $ 657 93
City of Lynn-reimbursement for difference in salary of Edward D. Callahan May 23 to December 31 46 65
City of Lynn-reimbursement for salary of Walter F. Reeves, March 1 to May 22 497 77
Stenographer
1,212 92
Legal services
600 00
Auto hire
160 00
Auto expense
236 90
Miscellaneous expense
250 00
Expense of guarding witnesses
73 80
Photographs
48 00
Checkers and assistants at hearings
50 00
Witness summonses
5 10
Interpreter
10 00
Medical examination
5 00
Total
$3,854 07
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In explanation of the above, it is pointed out that from May 23, 1925, Chief Callahan took the place of the deposed head of the Police Department and Officer Reeves the place of a regular officer who resigned earlier in the year. The foregoing expense was abso- lutely necessary for the protection of the town.
Swampscott does not. require a large Police Department, but it does need and deserve a good one. Although protected by the Civil Service laws, the department has been more or less subject to petty politics and there have been political factions within the department. The men have not received adequate training in police work and no good example has been set them by officials in charge. For the past few years there has been no standard, no discipline, no ideals of police efficiency and no particular incentive for an ordinary patrol- man to perform his duty properly. We believe the present chief, if not interfered with, will gradually bring the department up to a standard where it will be a credit and a real protection to the town. The goal of this and successive Boards of Selectmen should be to accomplish this result.
The number of men employed in the department has varied at times owing to resignations, additions and the intermittent use of special officers to perform regular duty. The board added no regular officers during 1925 but appointed and employed several temporary provisional men. In the selection of these the board, owing to the emergency, endeavored to select the best available material regard- less of residence. Some of these were from Lynn and some from Swampscott. In September competitive civil service examinations for patrolmen, open to all applicants, were held. Eight men took the examination and six passed, the latter including all of the men who had been employed provisionally. On January 8, 1926, the board appointed the following named as regular patrolmen: John E. Pen- dergast, Joseph L. Shanahan, Henry D. Rehberg, George D. Horton, John P. Costin and Francis P. Wall.
The department now consists of a chief, a captain and sixteen regular men. With the growth of the town, the rapidly increasing volume of out of town traffic, and the proved necessity of keeping the department up to a higher standard, an increased appropriation, as set forth in the budget, will be required for 1926.
The principal street construction work undertaken by the town during the year has been the paving of Essex street, the expense to be borne between the town, State and County. The cost of the work and the apportionment of the expense was as follows:
Town State County
$22,722 06 11,361 02
11,361 02
Total
$45,444 10
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The appropriation was sufficient to carry the work to within a short distance of the Swampscott-Salem line. An additional sum will be needed to complete it this year. Up to date Salem has de- clined to come in for the construction of her portion of the road and for a time it seemed as though this might prevent the State from assuming a share of the expense. The Selectmen desire to thank Representative James D. Bentley for his cooperation with them in this matter.
During the year the traffic and parking rules were revised to suit the needs of the town.
Census
In accordance with the requirements of Chapter 453 of the Acts of 1924 a census was made of the inhabitants of the town residing therein on March 31, 1925. The law required only the recording of the name, sex and age, and address, of each person. The census was taken under the supervision of Stuart P. Ellis, who has had much experience in the work. The total number of people recorded was 8,953, which is now the official population of the town. The records show 3,025 families located in town.
ADMINISTRATIVE
Bonds of Town Officers
Bonds of the following officers are given in the amounts stated, by the American Surety Co., of New York:
James W. Libby, Town Treasurer
$30,000 00
James W. Libby, Treasurer of Trust Funds 10,000 00
Philip E. Bessom, Collector of Taxes 20,000 00
Ralph D. Merritt, Town Clerk 1,000 00
Ralph D. Merritt, Assistant Collector of Taxes 5,000 00
George D. R. Durkee, Water and Sewer Commissioner 6,000 00
Harold G. Enholm, Water and Sewer Commissioner 6,000 00
Charles E. Hodgdon, Water and Sewer Commissioner 6,000 00
Licenses Granted and Issued
Used Car Dealers' Licenses, Class 1:
Oceanside Garage, 12 Pine street
Swampscott Hudson & Essex, 485 Humphrey street
Bowling alley:
James D. Bentley, Phoenix Bowling Alleys, Burrill street
Pool table:
James D. Bentley, Phoenix Bowling Alleys, Burrill street
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[Dec. 31
Taxi:
Harry A. Terrill, 145 Burrill street
William H. Carroll, 148 Burrill street (2)
John E. Burns, 489 Humphrey street (2)
Joseph W. Bruley, 26 Puritan road
Charles H. Green, 148 Lewis street, Lynn (6)
Express:
W. H. Carroll, 148 Burrill street
W. E. Shephard, 645 Humphrey street
J. W. Bruley, 26 Puritan road
Swampscott Transportation Co. (Beadle Bros.), 133 Stetson ave. (2)
Inn holders:
E. R. Grabow Co., New Ocean House and Puritan Hall, Puritan road E. R. Grabow Co., Hotel Preston, Atlantic avenue
Geo. W. and Daisy A. Chase Perkins, Hotel Bellevue, 1092 Humph- rey street
Burt K. Filer, The Arkaven, 80 Humphrey street Morris Sherin, Sherin House, 28 Claremont terrace Catherine J. Wade, Prescott-Cliff, 175 Humphrey street
Harriet Spofford, Deer Cove Inn, 747 Humphrey street
John N. LeVine, Deer Cove Inn, 747 Humphrey street
Junk dealers:
Jacob Goldberg, 26 Elm place
Nathan Zletz, 26 Elm place
Louis Zletz, 26 Cherry street
Auctioneers:
W. H. Otis, 42 Farragut road
Willard D. Martin, 42 Paradise road
Itinerant vendors:
The Brown Basket, Hotel Preston
Dante Gambinossi, New Ocean House
Hill & Welch Co., New Ocean House Jackson & Co., Inc., New Ocean House
Common victualers:
Nellie A. Cary,1016 State road
Erick Funcke, Band Box Lunch, 258 Humphrey street Geo. F. and John S. Grant, Grant's Cafe, 408-410 Humphrey street Beatrice P. Aldridge, Blaney Beach Cafe, 260 Humphrey street Blaisdell Confectionery Co., 131 Humphrey street George B. Watts, Watts' Cafe, 60 Humphrey street Alma Rouse, 3 Chapman place
Zella McGeachey, Old Humphrey House, Paradise road The Sunbeam, Frank Schober, Pres., 999 State road Mary A. Smith, Whittier Kitchen, 1 Marshall street Jennie M. Himbert, Whittier Kitchen, 1 Marshall street
1925]
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Lillian A. Little, Salem street cor. Tedesco road
Grover and Grover, 1008 State road
Helen McGarry, 356 Puritan road Mollie J. Buckley and Marion E. Kendrick, 254 Humphrey street
Permits
Gasoline:
Hearings held
65
Permits granted
61
Permits not granted
4
The following permits to sell material to and to do work for the town have been granted to town officials under Chapter 5, Section 4 of the by-laws:
Loring Grimes, M.D.
James T. Lyons
C. W. Horton
Archibald Miller
Everett P. Mudge
Stuart P. Ellis
Contract for Coal
Proposals for furnishing coal for the several departments of the town were advertised for and the following received:
Lackawanna
Burnside
Soft
Holder Coal Co., Lynn
$15 25
$15 50
$7 50
Liberty Coal and Supply Co.
13 75
14 00
6 79
Pickering Coal Co., Lynn
13 43
13 92
6 41
The contract was awarded to the Pickering Coal Co. of Lynn, the lowest bidder.
Printing Town Reports
Proposals for printing the Town Reports for 1925 were advertised for on the basis of price per page instead of by the square inch as heretofore, the 1924 report being used for comparison and an esti- mate of 300 pages and 2,500 copies. The following bids were re- ceived:
Jackson & Phillips Inc., Lynn
$5 70
Nichols Press, Lynn
4 80
Anchor Linotype Co., Boston
4 72
Wright & Potter Print Co., Boston
4 35
N. A. Lindsey & Co., Marblehead
4 15
Peabody Press Co., Peabody
3 89
North Shore Press, Manchester
3 47
Beckwith Press, Lynn, bid $1,560 for the job
The contract was awarded to the North Shore Press of Manchester who printed the report in 1923.
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TOWN DOCUMENTS
[Dec. 31
Street Lighting
Street lights are furnished by the Lynn Gas & Electric Co., under a contract expiring July 1, 1927, at $90 per year for arc lamps and $20 per year for incandescents, allowance being made for fluctuation in coal price. One arc and 11 incandescents were placed during the year, making the total now in use, arcs 108, incandescents 392. The total cost of lighting streets including the spot lights for traffic officers was $17,070.52.
Sidewalks
Bids for granolithic sidewalks, granite edgestones and parking were received as follows:
Straight curbing per l. f.
Curved Granolithic Parking curbing sidewalks per l. f. per sq. yds. per sq. ft.
Mark E. Kelly, Inc.
$2 06
$2 88
$3 43
$0 16
Thos. Mulcare, Inc.
1 93
3 50
2 96
32
David J. Sheehan
1 75
2 50
3 45
15
P. J. McDermott
1 53
2 30
3 10
14
M. McDonough Co.
1 48
2 00
3 00
15
Crowley Bros.
1 46
1 96
2 42
13
The contract was awarded to Crowley Bros. of Fitchburg.
Bids for laying concrete walks were received as follows:
Crowley Bros.
F. P. Hart
New, per sq. yd.
$1 00
$ 90
Skim coating, per sq. yd.
60
60
The contract was awarded to F. P. Hart of Lynn.
CONTINUOUS SIDEWALKS
Granolithic sidewalks, curbing and parking were laid on the fol- lowing streets in the quantities listed:
Essex street, Essex avenue to Lynn line: Granolithic, 5-ft. wide, 454 sq. yds .; Parking, 1125 sq .ft.
Railroad avenue, South Side: Granolithic, 7.5 wide, 263 sq. yds.
Banks road, West Side to Walker road: Granolithic, 5-ft. wide, 187 sq. yds .; Parking, 680 sq. ft.
Stetson avenue, South Side: Straight curb, 605.0 lin. ft .; Curved curb, 146.8 lin. ft.
Norfolk avenue, Middlesex avenue, to Clarke school: Straight curb, 996.0 lin. ft.
Humphrey street, Palmer School to Depot; near Millet road; near Morton road: Straight curb, 1496.6 lin. ft .; Curved curb, 189.4 lin. ft.
Middlesex avenue Park: Straight curb, 112.0 lin. ft .; Curved curb, 91.1 lin. ft.
Corner Burrill street and State road, South Side: Curved curb, 23.0 lin. ft.
Claremont terrace, north side Jackson estate: Straight curb, 72.0 lin. ft.
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SELECTMEN'S REPORT
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FINANCE
I. Town Accounting
Upon the death of Town Accountant Arthur C. Widger, the services of H. E. Pryor, one of the state auditors, were secured through the courtesy of Theodore N., Waddell, Director of Accounts for the Com- monwealth, and Mr. Pryor served as Town Accountant and Clerk of the Board until the appointment of Horace R. Parker to the two positions on February 19. During the year, two regular audits of all the books of the town have been made by the Department of Cor- porations and Taxation, Division of Accounts, and copies of the July reports is included in this report. Owing to the pressure of other business the State Auditors did not arrive in Swampscott for the January audit until January 21 and their work had not been com- pleted when this report went to press. The books were ready for their inspection at the usual time.
Town Debt
The net debt for the year ending December 31, 1925, amounting to $746,559.28 shows an increase of $121,565.83, there having been issued during the year bonds amounting to $63,000.00 for the town's share of the erection of the Tuberculosis Hospital; $19,500.00 for Essex street concrete pavement; $87,000.00 for the erection of the addition to the Hadley school; $16,000.00 street loan and $3,000.00 sewer loan.
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