USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1923 > Part 8
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The report of the Commissioners was confirmed and accepted by the Superior Court, and an appeal and exceptions have been filed and the proceedings are now in the process of preparation for the Supreme Court.
In the proceedings brought by Vaille and others above re- ferred to, the case was heard by Mr. Justice Crosby of the Su-
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preme Judicial Court, who after hearing, made a memorandum of findings and order of decree dismissing the petition. A copy of his memorandum of findings is hereto annexed.
The suits of Wall, Douse, Bessette and Whittemore are now pending before the Superior Court at Dedham.
During 1923, the Town was represented at hearings before the Department of Public Utilities, on a petition of the New Haven Railroad for authority to increase by twenty (20) per cent the price of the twelve trip ticket within the fifteen mile zone and the monthly commutation ticket. The Town with other communities within the fifteen mile zone of Boston, were represented in oppo- sition to the petition. The Commission after hearing, have. al- lowed the petition of the Railroad on the finding made by them that the twelve trip fifteen mile ticket and the commutation ticket were not bearing a just proportion of the cost of transportation. A bill has been presented to the Legislature by certain of the re- monstrants, seeking to annul said order of the Commission allow- ing said petition.
Respectfully submitted WILLIAM J. HOLBROOK,
Town Counsel.
THOMAS P. VAILLE et als v. THERON L. TIRRELL et als
Findings of Fact, Rulings of Law and Order for Decree
This is a petition in equity brought by not less than ten tax- able inhabitants of the Town of Weymouth, under G. L. c. 40, sec. 53, to restrain respondents from taking any action under a vote passed at a special town meeting held on February 26, 1923, at which meeting it was voted to appropriate $50,000 for the pur- pose of making alterations and improvements in the high school of the town and for furnishing equipment therefor, made neces- sary by such aiterations, and at which meeting it was also voted that $250,000 be appropriated for constructing and furnishing an addition to the present high school building. It was also voted at said meeting to authorize the treasurer of the town, with the approval of the Selectmen, to borrow a sum not exceeding $250,- 000 to meet said appropriation and to issue bonds or notes there- for, payable in accordance with G. L. c. 44, sec. 19.
The town has accepted St. 1921, c. 61, and was acting there- under at the time when the meeting referred to in the bill was held.
Before the meeting held on February 26 above referred to, a meeting was held on February 12, at which a similar vote was passed at a representative town meeting.
At the meeting held on February 26, the foregoing measure was submitted to the voters at large by ballot and was ratified and adopted by 1161 voting "Yes" and 810 voting "No".
The petitioners allege that the action of the town was illegal for the following reasons: "(a) That the 'warrants for the town meeting of February 26, 1923, were not posted' seven days at least before the date fixed for the meeting as required by section 2.of the by-laws of the town."
It appears from the agreed facts, that the by-laws provide "that the warrants for all town meetings shall be posted seven days before the date fixed for the meeting", that the warrant was
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duly posted by a constable of the town of Weymouth in the re- quired number of precincts in said Town of Weymouth, on the nineteenth day of February, one thousand nine hundred and twenty-three, then follows the form of the ballot, appearing on the warrant, which form is printed in the agreed statement of facts under "Referendum Question".
I am of the opinion and rule that the meeting was posted according to the By-Laws.
"(b) That the ballot submitted at said meeting was not in conformity with Section 8, Chapter 61, Acts of 1921, in that it carried a modifying paragraph which did not appear on the clerk's record of the previous meeting."
I find and rule that the question stated on the ballot sub- mitted to the voters was substantially in the same language and form in which it was stated when presented to the representative town meeting by the moderator, and as it appears upon the rec- ords of said representative town meeting, and was in accordance with St. 1921, c. 61, sec. 8.
"(c) That the resulting vote (1161 yes-810 no) at said meeting was not the necessary two-thirds required by the Gen- eral Laws relating specifically to municipal finance (Chapter 44, Sections 2 and 7)."
I rule that the provisions of G. L. c. 44, secs. 2, 7, are not applicable to the vote in question as it is expressly provided by St. 1921, c. 61, sec. 8, that questions submitted under that statute shall be determined "by vote of a majority of the voters at large voting thereon".
"(d) That members of the appropriation committee which recommended issuing the High School notes or bonds were not chosen in conformity with Section 5, Chapter 61, Acts of 1921".
I find and rule that the members of the appropriation com- mittee were duly appointed in accordance with section 1 of article 3 of the by-laws, and that they were not appointed contrary to St. 1921, c. 61, sec. 5.
As it does not appear that there was any illegality in the matters set forth in the petition, it is to be dismissed and a final decree is to be entered accordingly.
JOHN C. CROSBY J. S. J. C.
A true Copy. JOHN F. CRONIN, Clerk. (SEAL)
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REPORT OF THE SELECTMEN
To the Inhabitants of the Town of Weymouth:
At the Annual Town Election held March 12th, 1923, the following were elected: Selectmen, William B. Dasha, Theron L. Tirrell, Annie S. Lynch, Winslow M. Tirrell and Alfred W. Hastings.
The Board met on the morning of March 13th and organized with choice of Theron L. Tirreil ~ Chairman and Alfred W. Hastings, Clerk.
On March 26th Mr. Hasting's found that his health would not allow him to perform the increasing duties required by the Clerk of the Board, resigned and Winslow M. Tirrell was elected Clerk.
At a joint meeting of the Water Commissioners and Select- men, Emerson R. Dizer was chosen Accountant.
The duties of the Selectmen are becoming more and more arduous and it is absolutely necessary that some one of the Select- men be at the Town Office all of the time.
The year 1923 has been a notable one for Weymouth, being the first year of our new century and if we read the history back for the last three hundred years we find that Weymouth has had many battles to fight and always conquered and now stands forth as one of the best towns in the State.
The building boom the last year has been far in excess of any year in the history of the town, as the reports of the Assessors show again of over eight hundred thousand dollars in taxable property, and 1924 will surely exceed that figure.
The Edison Electric Illuminating Company having purchased all the property near the Quincy Bridge in Weymouth, have made a wonderful start in the new plant and when completed will be one of the largest distributing plants of electricity in the country.
This work is being done by Stone & Webster, Contractors of Boston, and the business dealings that we have had with Mr. Knight, the Gen. Supt., have been most pleasing.
We welcome the Edison Electric Illuminating Company to Weymouth and hope that our relations will be mutual.
TOWN HISTORY
At the Annual Town Meeting it was voted to have a Town History printed and the sum of $8500.00 was raised and appro- priated to be expended under the direction of the Selectmen. Af- ter advertising for sealed bids the contract was awarded to Wright & Potter of Boston.
Mr. Howard H. Joy was appointed a committee to read the proof and make such changes as were necessary.
The books should be ready the early part of 1924. (See Re- port of Committee).
GUIDE BOARDS
We recommend a suitable amount of money to be raised and appropriated for Guide Boards, as a great many are needed and the statutes require it.
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STATE ROAD
At a joint meeting of the Braintree and Weymouth Select- men action was taken and committee appointed to meet the County Commissioners and preliminary steps taken to connect Columbian Street as a State Highway through Braintree to Boston.
MONATIQUOT RIVER BRIDGE
The payment of this bridge has been held up for some time and that the people may fully understand the situation we quote you a letter from our Town Counsel.
Boston, Dec. 13, 1923.
Board of Selectmen,
East Weymouth, Mass.
MONATIQUOT RIVER BRIDGE
Gentlemen :
The Commissioners appointed by the Superior Court of Nor- folk County determined that Weymouth's share of the cost of the above bridge is $44,316.29.
The case is still pending. The exceptions of the County of Plymouth and the Eastern Mass. Street Railway Company have not as yet been allowed, and when allowed the case will then go to the Supreme Court for decision. I apprehend that it will reach the Supreme Court at the April sitting and that a final de- cision may be obtained during the next Spring or early Summer.
The award will carry interest, and it seems to me that Wey- mouth should be in a position to pay its proportion speedily after the final decision is reached, and for this purpose an article should be inserted in the warrant, the form of which article I herewith enclose.
In preparation of this case for hearings before the Commis- sioners, the Counsel for the County of Norfolk, City Solicitor of Quincy, Town Counsel of Braintree and myself had a meeting, at which we discussed the methods of preparation of the case, the facts to be produced before the Commissioners and agreed to participate jointly in the preparation and presentation of the case before the Commissioners, the interests being similar. It was there decided to summon in other counties and municipalities in an effort to show that they were specially benefited by the bridge and should be assessed part of the cost thereof.
It became necessary to have various tallies made of traffic crossing the bridge. There were in all five tallies made, of periods of one week each in different seasons of the year. It also be- came important to have an industrial survey made of Plymouth County, to show the importance of the bridge to that county and the cities and towns therein. Tallies with their detailed reports and the industrial survey and reports took considerable time and considerable expense.
At the meeting of the Counsel above mentioned, it was ap- parent that considerable outlay would have to be made to properly prepare the case, and it was agreed that such cash outlay would be made initially by the County of Norfolk and apportioned among the County, the City of Quincy, Town of Braintree and Weymouth.
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The County of Norfolk agreed to assume one-third of the ex- pense; the other two-thirds to be divided between Quincy, Brain- tree and Weymouth.
The total cash outlay paid by the County of Norfolk for the purposes of preparation of the evidence was $4,728.30, of which the County of Norfolk assumes $1,576.26 and the remaining two- thirds was apportioned between Quincy, Braintree and Weymouth, consistent with their proportions under the award made by the Commissioners, and Weymouth's proportion of that expense paid by the County is $1,016.15. Quincy's proportion was $1,196.70 and Braintree $939.19.
In additon to the time consumed in preparation of the case, there were twenty-one days spent in the trial of the case before the Commissioners, and since the trial and the award we have had hearings before the Judge of the Superior Court on objections and exceptions to the award and motions to recommit the same to the Commissioners, all of which motions were disallowed by the Superior Court.
In addition to the trial of the case, we presented a bill to the Legislature, seeking to have the Commonwealth assume a part of the cost, on the ground that for all practical purposes the bridge was a part of the State highway. In this petition to the Legis- lature all of the Counsel joined, but the Legislature refused to grant us the relief asked.
Weymouth's proportion of the total cost amounts to thirteen and one-eighth (131/s ) per cent. Weymouth's proportion of the cost of the Fore River Bridge was ten (10) per cent.
Yours truly, WILLIAM J. HOLBROOK
The expense and operation for the present is being paid by Braintree and Weymouth under the direction of the joint boards of Selectmen.
On December 1, 1923, Bus Licenses were granted to the Eastern Massachusetts Street Railway Company and James Mason for one year, under rules and regulations adopted by the Select- men November 12, 1923.
THERON L. TIRRELL WINSLOW M. TIRRELL WILLIAM B. DASHA ANNIE S. LYNCH ALFRED W. HASTINGS
Selectmen.
REPORT OF THE OVERSEERS OF THE POOR
The year 1923 has shown a slight decrease in our poor ac- count and we are having but very few unemployed applying for aid. Most of our help has been given in cases of sickness and to the aged.
Owing to the scarcity of coal in the early part of the year, it was a great effort to supply the needy, but that problem is now solved.
We are having an unusual number of cases with settlement in other places and to prove a settlement in some instances has been quite a conundrum.
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The State only allows forty-eight hours in which to notify them and we must prove that the person has not lived in Wey- mouth continuously for five years.
In November we advertised for a Supt. and Matron for our Home and engaged Barrett T. Wheeler and wife who came highly recommended, having had fifteen years' experience along this line. They were engaged for one year from Dec. 1, 1923, at a salary of $1200 per year.
On Dec. 19th the building was opened to the public for in- spection and on Dec. 22nd we moved our inmates from Braintree. They accepted the change with pleasure and seemed to feel that their comfort was assured. Christmas night the inmates enjoyed a Christmas Tree, arranged by Mr. and Mrs. Wheeler and the Overseers of the Poor and we wish to thank at this time all who contributed articles for the same.
We have at present in the Home ten inmates, seven men and three women
The Farm was leased May 1 to Maurice Fitzgerald for one year at $550.00.
THERON L. TIRRELL WINSLOW M. TIRRELL WILLIAM B. DASHA ANNIE S. LYNCH ALFRED W. HASTINGS
Overseers of the Poor.
REPORT OF COMMITTEE ON NEW TOWN HOME
At the Annual Town Meeting the Overseers of the Poor were appointed a committee to build a Town Home and $40,- 000.00 was raised and appropriated to build and furnish the same
After careful study we found that the building as printed in our last annual town report, could not be built for the amount ap- propriated.
Mr. Harold Field Kellogg was hired as Architect and under advice of our Town Counsel the plans were modified and the building was erected on the old site.
The contract was awarded to C. C. Temple Company of Boston.
The building is completed with the exception of a few minor details and appropriation will cover everything that is needed for the present.
THERON L. TIRRELL WINSLOW M. TIRRELL WILLIAM B. DASHA ANNIE S. LYNCH ALFFRED W.HASTINGS
REPORT OF VISITOR FOR THE OVERSEERS OF THE POOR
During the year 1923 I have spent one day a week in Wey- mouth for the purpose of visiting families who had either applied for aid or were receiving aid.
In all some 208 calls have been made in the different parts of the town besides numerous telephone and written communica-
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tions; 11 calls were made outside the town in connection with families aided in Braintree, Brockton, Quincy, North Reading, Rockland and Saugus.
Once during the year it was possible to meet with the full Board at a special meeting. However, at each regular meeting, the Board has had in hand a detailed written report of all calls and contacts made during the week. These have usually included some recommendation made as a result of information gained in calling and made with the idea of insuring adequate aid for those obliged to seek aid or of guiding towards their self-support and independence as early as possible.
It was gratifying to me to be granted a leave of absence for two Thursdays that I might attend the 50th annual conference of Social Work at Washington in May; also to be sent as a delegate from the Board to the State conference of Social Work held at Fall River on October 31st.
Respectfully submitted, MYRA A. MITCHELL
REPORT OF THE TREE WARDEN
South Weymouth, Jan. 17, 1924. To the Honorable Board of Selectmen of the Town of Weymouth: Gentlemen :
The work on trees the past year has consisted of removing and trimming old trees rather than setting out young ones which seems to be progressing backward, but we have to attend to dan- gerous items first and stop when we get to the end of our resources.
Respectfully submitted, C. L. MERRITT Tree Warden
REPORT OF THE MOTH SUPERINTENDENT
South Weymouth, Jan. 17, 1924.
To the Honorable Board of Selectmen of the Town of Weymouth : Gentlemen :
Herein please find my report of Moth work for the past year. In regard to the gypsy moth we find conditions much better than they were a few years ago, but still find them scattered over the whole town. The Brown Tail Moth, which for some years seemed to be well under control, now seems to be taking a new lease of life, as we have cut several thousands this season, nearly all of which have been on pear trees, so I advise that all pear trees be sprayed. In regard to our equipment, both sprayers need repairs. The old one of which I spoke in my report last year, was so bad and out of date, that while I started early and kept after the repair men, I could not get it until the season was over and on trial it showed that more work needed to be done on it. According to present advices it looks as though our Arsenate of Lead and other supplies will cost fully as much as last year.
Respectfully submitted, C. L. MERRITT
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REPORT OF THE FOREST WARDEN
To the Honorable Board of Selectmen: Gentlemen:
I herewith submit the annual report of the Forest Warden for the year 1923.
On November 21st, James A. Carley, Forest Warden, re- signed and Herman O. Collyer was appointed to fill the unex- pired term.
The total number of calls for grass and wood fires for the year 1923 was 134.
Deputies appointed by Herman O. Collyer, Forest Warden. Harold A. Hawes,
Henry Phillips,
Thomas H. Melville,
Bertie T. Loud,
John L. Maynard.
Respectfully submitted, HERMAN O. COLLYER, Forest Warden.
REPORT OF BURIAL AGENT
To the Honorable Board of Selectmen of Weymouth, Mass .: Gentlemen:
I have to report the burial under my direction of Caroline L. Holbrook, widow of Richard M. Holbrook. No other cases have been referred to me. Respectfully- submitted, WALTER L. TURNER, Burial Agent.
REPORT OF THE CHIEF OF POLICE
Weymouth, Mass., January 12, 1924.
To the Honorable Board of Selectmen of the Town of Weymouth :
Gentlemen:
I herewith submit the annual report of the services rendered by the Police Department of the town of Weymouth, for the year ending December 31, 1923.
During the year 462 arrests have been made as follows: Assault and Battery
1-Fined $25.00 sentence suspended
1-Fined 10.00 paid
1-Fined 10.00 sentence suspended
2-Fined 5.00 paid 10-Continued
1-sentenced to three months in House of Correction and sentence suspended
1-sentenced to one month in House of Correction and sentence suspended
6-dismissed
100
1-paid costs 1-Filed Total-25 Assault with intent to kill 1-Committed to Bridgewater for Insane
Breaking and Entering 3-placed on probation 1-held for Grand Jury Total-4
Bastardy 2-continued
Drunkenness
33-Fined $15.00 paid
5-Fined 15.00 continued
6-Fined 15.00 and committed
7-Fined 10.00 paid
4-Fined 10.00 and committed
4-Fined 5.00 paid
1-Fined 5.00 sentence suspended
1-Fined 5.00 and committed
1-paid 3.00 costs
33-placed on probation 1-sentenced to one month in House of Correction, appealed and sentenced from Superior Court. 14-sentenced to one month in House of Correction sentence suspended
1-sentenced to two months in House of Correction sentence suspended
1-committed to 15 days in House of Correction 4-committed to 10 days in House of Correction
31-Guilty placed on file
3-Discharged
15-Released at Station
2-Defaulted
Total-167
Disturbing the Peace 2-Fined $15.00 paid
Desertion
1-Ordered to pay $15.00 per week and continued 1-discharged, and ordered to pay $15.00 per week for support of children
Violation of Fish and Game Laws
2-Fined $75.00 paid 4-Fined 15.00 paid 2-Fined 5.00 paid 1-Discharged Total-9
Idle and Disorderly 1-committed to State Farm 3-discharged Total-4
1
Insane 1-committed to Medfield State Hospital 1-committed to Taunton State Hospital Total-2
101
Illegal Keeping and Exposing 1-fined $300.00 paid 1-fined 100.00 paid 1-guilty placed on file 1-discharged Total-4 Illegal sale of intoxicating liquor
1-fined $100.00 in Superior Court 1- fined 100.00 and sentenced to one month in House of Correction appealed paid $100.00 in Superior Court
2-Fined $50.00 and sentenced to one month in House of Correction appealed paid $50.00 in Superior Court
2-fined $100.00 paid
2-fined 50.00 paid
1-fined 50.00 and sentenced to three months in House of Correction
1-fined $50.00 and sentenced to three months in House of Correction appealed and paid fine in Superior Court Total-12
Illegal Gaming
1-fined $25.00 paid 1-fined 100.00 placed on probation Total-2
Larceny
1-Sentenced to one year in House of Correction from Superior Court.
1-Sentenced to six months in House of Correction appealed placed on probation 1-Sentenced to three months in House of Correction 12-made restitution
2-fined $10.00 sentence suspended
3-sentenced to three months in House of Correction appealed made restitution and placed on probation 2-continued
2-dismissed Total-24
Malicious Mischief 16-made restitution 3-placed on probation
Motor Vehicle Laws
24-Operating under influence of intoxicating liquor 3-fined $150.00 paid
7-fined 100.00 paid
1-fined 100.00 sentence suspended
1-fined ยท 75.00 continued
9-fined 50.00 paid 2-discharged 1 -- pending Minor Violations 2- fined $50.00 paid 1-fined 50.00 continued 1- fined 25.00 sentence suspended
102
1-fined 20.00 continued
6-fined 10.00 paid
1-fined 10.00 sentence suspended 3-fined 5.00 paid 11-guilty placed on file 4-discharged Total-54
Neglected children
5-committed to State Board of Charity Neglect of family
1-fined $500.00 ordered to pay $15.00 per week
3-fined 100.00 and continued
1-fined 100.00 ordered to pay $8.00 per week
1-fined 50.00 and continued
1-fined 50.00 ordered to pay $2.00 per week 1-fined 50.00 sentence suspended ordered to pay $6.00 per week 1-ordered to pay $7.00 per week Total-9
Neglect to support aged parents
4-ordered to pay $2.00 per week
None-payment of Wages
1-continued
Out of town arrests
95-
Pauper 1-committed to Tewksbury
Railer and Brawler
1-dismissed
Receiving stolen property
1-sentenced to one year placed on probation from Superior Court
Stubborn child 1-placed on probation
Trunacy 2-continued
Threats 1-guilty placed on file 3-aismissed 2-continued Tota .- 6
Trespass 1-placed on file
Violation of weights and measures 2-fined $5.00 paid 1-fined 10.00 paid Total-3
Miscellaneous Report Property recovered $2,378.29 8 raids for intoxicating liquors 2 raids for ilegal gaming 200 complaints investigated Amount of fines imposed in Lower Court $4,901.00 Number of buildings found open and secured 95 42 Patrol wagon calls 26 ambulance calls
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An appropriation of $2,940.00 was made for the erection and purchase of a patrol wagon, From this appropriation a garage 20X26 was erected, including heating and painting, and a com- bination patrol and ambulance has been purchased, The appro- priation was exceeded by $20.00 and was paid for from the regu- lar police fund.
I recommend the appointment of another man to be placed on duty at the station house, In conclusion I wish to thank the Honorable Board for the assistance and co-operation they have given to the department during the year.
Respectfully submitted,
ARTHUR. H. PRATT
Chief of Police
REPORT OF THE SEALER OF WEIGHTS AND MEASURES
North Weymouth, Dec. 31, 1923. To the Honorable Board of Selectmen of the Town of Weymouth: Gentlemen :
I herewith submit my second annual report and for the year 1923 during which normal conditions have existed in my line of work. I would say that the increased number of gasoline pumps and stores has increased the sealing fees to a much larger amount than last year.
I also want to call to your attention again Secs. 96 & 99, Chap. 94 General Laws as amended by Chap. 355 Acts of 1922 which requires all fruit, nuts and vegetables sold at retail by avoirdupois weight or numerical count. Only articles sold by dry measure today are clams and oysters in the shell.
One other thing I wish to bring to your attention is the wood question; that is when you buy a cord of wood whether in four foot lengths or stove lengths you should get 128 cubic feet of wood or if half a cord 64 cubic feet, now if you do not think you are getting this amount from the wood dealer give me a call and I will come and straighten you out and see that you do get 128 cubic feet of wood to the cord.
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