USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1931 > Part 23
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Taxes-1931
898,658.90
1931 Interest
561.32
Beals Park Fund
377.00
Taxes paid after being rebated
11.30
Total
$2,484,326.44
Cash on hand January 1, 1931
525,666.96
$3,009,993.40
DISBURSEMENTS
Paid on Selectmen's Warrants for :
Notes given in Anticipation of Revenue
$1,200,000.00
Other Notes and Bonds
84,000.00
Sundry appropriations
1,568,131.78
Total
$2,852,131.78
Cash on hand December 31, 1931
157,861.62
$3,009.993.40
ASSETS
Due from F. W. Holbrook, Collector Taxes 1930
$ 34,499.29
Due from F. W. Holbrook, Collector Taxes 1931
292,394.18
Trust Funds
361,205.88
Accumulated Interest Trust Funds
111,263.93
Deposit Weymouth Trust Company
74,508.95
Deposit Atlantic National Bank
138,663.27
Cash on hand
100.00
Sundry Bills Receivable
64,472.31
$1,077,107.81
Less outstanding checks
55,410.60
Total Assets
$1,021,697.21
LIABILITIES
BONDS AND NOTES 1932
$100,000.00
January 28-Anticipation of Revenue February 26-Anticipation of Revenue
100,000.00
March 11-Anticipation of Revenue
100,000.00
June 1-Engine House, Ward 3. 4 per cent
2,000.00
July 1-Edward B. Nevin Schoolhouse, 4 per cent
2,000.00
July 1-Bicknell Schoolhouse Addition, 4 per cent
6,000.00
July 1-Engine House, Ward 2, 4 per cent
5,000.00
July 1-High School Building, 41/4 per cent
13.000.00
July 1-Town Home, 41/4 per cent
2,000.00
335
July 1-Pond Plain Schoolhouse, 41/4 per cent 4,000.00
July 1-New Hunt Schoolhouse, 4 per cent 10,000.00
August 1-Great Hill Park, 4 per cent 9,000.00
October 1-Pratt Schoolhouse Addition, 4 per cent 3,000.00
November 1-Bicknell Schoolhouse, 41/4 per cent 5,000.00
November 1-Street Widening, Washington Sq., 4 per cent 3,000.00
November 1-High School Building Addition, 33/4 per cent 13,000.00
December 1-Edison Plant Water Supply Tank, 43/4 per cent 27,000.00
$404,000.00
1933
June 1-Engine House, Ward 3, 4 per cent
$2,000.00
July 1-Edward B. Nevin Schoolhouse, 4 per cent
2,000.00
July 1-Bicknell Schoolhouse Addition, 4 per cent 6,000.00
July 1-Engine House, Ward 2, 4 per cent 5,000.00
July 1-High School Building, 41/4 per cent
13,000.00
July 1-Town Home, 41/4 per cent
2,000.00
July 1-Pond Plain Schoolhouse, 41/4 per cent
4,000.00
July 1-New Hunt Schoolhouse, 4 per cent
10,000.00
August 1-Great Hill Park, 4 per cent
9,000.00
October 1-Pratt Schoolhouse Addition, 4 per cent
3,000.00
November 1-Bicknell Schoolhouse, 41/4 per cent 5,000.00
November 1-Street Widening, Washington Sq. 4 per cent 3,000.00
November 1-High School Building Addition, 33/4 per cent 13,000.00
$77,000.00
1934-1950
June 1-Engine House, Ward 3, 1934-1938
$10,000.00
July 1-Engine House, Ward 2, 1934-1940
35,000.00
July 1-Bicknell Schoolhouse Addition 1934-1950
102,000.00
July 1-Edward B. Nevin Schoolhouse, 1934-1937
8,000.00
July 1-High School Building, 1934-1941
120,000.00
July 1-Town Home, 1934-1943
20,000.00
July 1-Pond Plain Schoolhouse, 1934-1944
44,000.00
July 1-New Hunt Schoolhouse, 1934-1946
130,000.00
October 1-Pratt Schoolhouse Addition, 1934-1945
36,000.00
November 1-Bicknell Schoolhouse, 1934-1945 55,000.00
November 1-High School Building Addition, 1934-1947
182,000.00
November 1-Street Widening, Washington Sq., 1934-1936
9,000.00
$751,000.00
TOTAL AMOUNT OF NOTES AND BONDS OUTSTANDING
Fire Station, Ward 2, 1932-1940
$45,000.00
Fire Station, Ward 3, 1932-1938
14,000.00
Edward B. Nevin Schoolhouse, 1932-1937
12,000.00
Town Home, 1932-1943
24,000.00
High School Building, 1932-1943
146,000.00
Bicknell Schoolhouse, 1932-1944
65,000.00
High School Building Addition, 1932-1947
208,000.00
Bicknell Schoolhouse Addition, 1932-1950
114,000.00
Pond Plain Schoolhouse, 1932-1944
52,000.00
New Hunt Schoolhouse, 1932-1946
150,000.00
336
Pratt Schoolhouse Addition, 1932-1945
42,000.00
Street Widening, Washington Square, 1932-1936 15,000.00
18,000.00
Great Hill Park, 1932-1933 Edison Plant Water Supply Tank, 1932
27,000.00
Total debt except Anticipation of Revenue Notes Anticipation of Revenue 1932 300,000.00
$932,000.00
Total
$1,232,000.00
TRUST FUNDS
Laban Pratt Hospital Bequest, July 22, 1925
$300,000.00
Interest on Bank deposits to December 31, 1930
84,165.54
Total Fund January 1, 1931
$384,165.54
INCOME 1931
East Weymouth Savings Bank, interest $4,854.75
South Weymouth Savings Bank, interest 4,820.78
Weymouth Trust Company, S. D. interest
4,379.15
Weymouth Savings Bank, interest
4,833.42
18,888.10
Total Fund December 31, 1931
$403,053.64
INVESTMENTS OF THIS FUND
Deposit in East Weymouth Savings Bank
$100,751.49
Deposit in South Weymouth Savings Bank
100,046.50
Deposit in Weymouth Savings Bank
102,187.97
Deposit in Weymouth Trust Company, S. D.
100,067.68
Total Fund December 31,1931
$403,053.64
LABAN PRATT FUND
For care of Fountains-Bequest deposited in Weymouth
Savings Bank
$400.00
Income to December 31 1930
295.60
Total Fund in Weymouth Savings Bank
695.60
Income received during 1931
34.52
Total Fund in Weymouth Savings Bank
December 31, 1931
$730.12
MUNICIPAL BUILDING INSURANCE FUND
Deposited in Banks May 8, 1930
$10,000.00
Added by vote of Town in 1931
5,000.00
Interest received on this Fund to December 31, 1930
203.02
Interest received during 1931
501.46
Total Fund December 31, 1931
$15,704.48
January 1, 1931
337
INVESTMENTS OF THIS FUND
Deposit in East Weymouth Savings Bank $3,931.26
Deposit in Weymouth Savings Bank 3,951.29
Deposit in South Weymouth Savings Bank 3,898.41
Deposit in Weymouth Trust Company, S. D.
3,923.52
Total Fund December 31, 1931 $15,704.48
QUINCY TUFTS BEQUEST FOR FREE PUBLIC LECTURES
Deposited in Massachusetts Hospital Life Insurance Co. $5,000.00
Income to December 31, 1930
$4,000.54
Received interest from Mass. Hospital Life Insurance Co. in 1931 237.50
Received interest from Weymouth Savings Bank 1931 209.35
Balance available in Interest Account in Weymouth Savings Bank December 31, 1931 $4,447.39
QUINCY TUFTS BEQUEST
For care of Tufts Tomb in North Weymouth Cemetery. Deposited in Massachusetts Hospital Life Insurance Co. $500.00
Received interest on deposit 1931 $23.75
Paid Treasurer North Weymouth Cemetery 23.75
Total Fund December 31, 1931 $500.00
QUINCY TUFTS BEQUEST
For Sidewalks and Shade Trees.
Deposited in Massachusetts Hospital Life Insurance Co.
$2,000.00
Income December 31, 1930 Weymouth Savings Bank $359.37
Interest, Mass. Hospital Life Insurance Co., 1931 95.00
Interest Weymouth Savings Bank 1931 22.13
$476.50
Expended by the Town from this Fund in 1931
449.56
Balance available in Interest Account December 31, 1931
26.94
QUINCY TUFTS FUND FOR BENEFIT OF TUFTS LIBRARY Quincy Tufts Bequest for maintenance of Reading Room. Deposit in Massachusetts Hospital Life Insurance Co. $2,500.00
Received income from Fund 1931
$118.75
Paid Town of Weymouth, Tufts Library
Account 1931 118.75
Total Fund December 31, 1931 $2,500.00
338
QUINCY TUFTS BEQUEST FOR BOOKS
Deposited in Massachusetts Hospital Life Insurance Co. $2,500.00
Received income from Fund 1931 $118.75
Paid Town of Weymouth, Tufts Library Account 1931 118.75
Total Fund December 31, 1931 $2,500.00
JOHN C. RHINES FUND
Bequest March 10, 1924, Income for any public purpose
$10,000.00
INVESTMENTS
Deposit South Weymouth Savings Bank
$2,500.00
Deposit Weymouth Savings Bank
5,000.00
Deposit Weymouth Trust Company, S. D.
2,500.00
Total Fund December 31, 1931
$10,000.00
JOHN C. RHINES FUND, INCOME ACCOUNT
Income received to January 1, 1931
$2,078.64
Interest from Banks in 1931
585.01
Balance in Weymouth Trust Company, S. D.
December 31, 1931
$2,663.65
ELIAS S. BEALS FUND
Income for care of Beals Park.
Original Bequest
$1,000.00
Total Fund in South Weymouth Savings Bank January 1, 1931
$1,346.56
Interest received on Bank Account in 1931
68.15
$1,414.71
Expended by order of the Park Commissioners in 1931
377.00
Balance in South Weymouth Savings Bank December 31, 1931
$1,037.71
JOSEPH E. TRASK FUND
$12,805.88
Total Fund January 1, 1931
Received interest on investments 1931
$614.22
Paid Town of Weymouth income
614.22
Total Fund January 31, 1931
$12,805.88
339
INVESTMENTS
Deposit in East Weymouth Savings Bank
$2,000.00
Deposit in South Weymouth Savings Bank 4,100.00
Deposit in Weymouth Savings Bank
2,000.00
Deposit in Weymouth Trust Company, S. D.
4,705.88
Total Fund December 31, 1931
$12,805.88
SUSAN HUNT STETSON FUND
Total Fund deposited in Weymouth Savings Bank January 1, 1931
$2,500.00
Received interest on deposit 1931 $121.87
Paid Town of Weymouth account Tufts
Library 121.87
Total Fund on deposit in Weymouth
Savings Bank December 31, 1931 $2,500.00
THE CHARLES Q. TIRRELL DONATION
Total Fund on deposit in Weymouth Savings Bank January 1, 1931
$1,000.00
Received interest on deposit 1931 $48.75
Paid Town of Weymouth 48.75
Total Fund on deposit in Weymouth
Savings Bank December 31, 1931
$1,000.00
WALTER G. FORSYTH FUND
Total Fund deposited in Weymouth Savings Bank January 1, 1931
$1,000.00
Received interest on deposit 1931 48.75
Paid Town of Weymouth 48.75
Total Fund on deposit in Weymouth Savings Bank December 31, 1931 $1,000.00
AUGUSTUS J. RICHARDS FUND
Total Fund January 1, 1931 $5,000.00
340
Received coupon interest on investments in 1931
$20.00
Received Bank interest in 1931
221.04
241.04
Paid Town of Weymouth
241.04
Total Fund December 31, 1931
$5,000.00
INVESTMENTS
Deposit in South Weymouth Savings Bank
$1,500.00
Deposit in Weymouth Savings Bank
2,000.00
Deposit in Weymouth Trust Company, S. D.
1,500.00
Total Fund December 31, 1931
$5,000.00
Total Trust Funds
$361,205.88
Accumulated income on Trust Funds
111,263.93
Respectfully submitted,
EDWIN R. SAMPSON
Treasurer of the Town of Weymouth.
341
REPORT. OF TOWN COUNSEL
January 15, 1932
To the Honorable Board of Selectmen :
I submit this, my sixth report as Town Counsel, covering the year just passed :
LITIGATION
The Town has continued to be singularly fortunate in its litiga- tion. During the six years that I have been Town Counsel, I have, outside of eminent domain cases, tried only six cases in court for the Town, namely :
1. An action for the support of a poor family having a legal settlement elsewhere. This case had been tried on its merits and was on its way to the Full Bench of the Supreme Judicial Court before I became Town Counsel., My only participation in the case, there- fore, was the preparation of the brief and argument before the Full Bench. The case resulted in a partial victory for the Town.
2. A criminal prosecution for deliberate violation of our Town building laws. This resulted in a conviction of the defendent on a plea of guilty and the fine which the Town received amounted to more than the total expenses of the case, besides establishing a val- uable precedent in the enforcement of our building laws.
3. A criminal prosecution for obtaining poor relief by means of false statements. This also resulted in a conviction on pleas of guilty and the defendants not only reimbursed the Town for all poor relief, with 6% interest, but paid the expense's of the prosecution so that the proceedings cost the Town nothing.
4. A suit against the Town to recover a deposit made with the Water Department; both the Superior Court and the Full Bench of the Supreme Judicial Court decided in favor of the Town.
5. A petition for writ of certiorari against the Selectmen to overrule their action in granting a permit to the Standard Oil Com- pany of New York for the storage of gasoline. This case has been argued before the Full Bench of the Supreme Judicial Court but no decision has as yet been handed down.
6. A bill in equity to reach and apply the money in the hands of the Town growing out of the contract for the East Weymouth Fire House. This case was heard in the Superior Court and the arrange- ments under which the Town was paying the money upheld so that the proceedings were dismissed so far as the Town was concerned.
In other words, out of the six cases tried, four have resulted in complete victories for the Town, one in a partial victory, and one is still pending.
EMINENT DOMAIN PROCEEDINGS.
In eminent domain proceedings the Town has also been unusually successful as will be shown by the following table covering the seven eminent domain cases which have actually been tried in court dur- ing the six years that I have been Town Counsel-an average of a little over one case per year.
342
Verdicts in eminent domain cases must by law include interest at 4% from the date of the taking, and in order to compare the actual values set by the jury with the values claimed, it is necessary to deduct this interest. In the last case cited the procedure was under the new Chapter 80A of the General Laws so no interest was involved. The "Amount Claimed" is the value as testified to either by the landowner or by some witness on his behalf.
Name of Case
Amount Claimed
Verdict
Verdict Excluding
Interest
Amount Saved
Percentage of Claim Saved
Donovan
$6,000
(2,713.91)
$2,500
$3,500
58
%
Sheehy
11,200
(9,570.00)
9,000
2,200
20
%
Conviser
26,000
(11,799.36)
11,038
14,962
571/2%
Jewell
20,000
(3,000.00)
2,700
17,300
861/2%
Norfolk Realty
6,900
(1,878.98)
1,800
5,100
74
%
Kane
10,000
(6,000.00)
5,710
4,290
43
%
Mathewson
9,310
(1,800.00)
1,800
7,510
80
Thompson
54,200
(20,800.00)
20,800
33,400
61
%
$143,610
$55,348
$88,262
In other words, in the seven cases involving eight different land owners, the total amounts claimed by or on behalf of the land owners were $143,610. The total values fixed by the jury, or in one case by Commissioners, amount to $55,348, a saving of $88,262 or an average saving of 60% of the amount claimed. Of course, under the State Constitution the Town cannot take land without paying a fair value for it and in most of the cases the price was little in excess of the value fixed by the Town's own experts. Certainly, where an average saving of 60% is effected, the Town has reason to congrat- ulate itself on the results.
STATUS OF CURRENT LITIGATION
The following cases which were pending at the time of my last report are still pending :
William H. Morrison v. H. Franklin Perry, et al, Supreme Judi- cial Court, No. 675. This case has been argued before the Supreme Judicial Court but no decision has yet been rendered.
Philip A. Rich, Jr. p.p.a. v. Inhabitants of Weymouth, Norfolk Superior Court, No. 23158. This is an action brought to recover for in- juries alleged to have been caused by negligence of an employee of the Town.
343
Stella M. Costanzo v. Inhabitants of Weymouth, Norfolk Su- perior Court, No. 23281. This is a suit brought for an injury alleged to have been received by the plaintiff stepping into a depression on Broad Street.
City of Worcester v. Town of Weymouth, Worcester Superior Court, No. 44769. This is an action of contract to recover for the hospital bill of a poor person having alleged legal settlement in the Town of Weymouth.
Inhabitants of Weymouth v. Inhabitants of Braintree, Norfolk Superior Court, No. 22163. This is an action to recover for support of a family receiving poor relief who are alleged to have a legal settlement in Braintree.
Rose Fay v. Inhabitants of Weymouth, Norfolk Superior Court, No. 16469. This is an action of tort under the Highway Act for an alleged defect on Forest Street.
Alonzo B. Aldrich v. Inhabitants of Weymouth, Norfolk Superior Court, No. 17904. This is an action of tort under the Highway Act growing out of an alleged defect on Columbian Street.
William S. Youngman, State Treasurer v. Inhabitants of Wey- mouth, Suffolk Superior Court, No. 195659. This is an action for the support of an inmate of the Lakeview Sanitorium who was alleged to have settlement in Weymouth.
The following cases have been brought against the Town since my last report and are still pending :
Josephine L. Rogers v. Robert Crawford & Inhabitants of Wey- mouth, No. 23533 District Court of East Norfolk. This is a dispute between two land owners as to the rights in certain water pipes on land of one of the parties. The Town of Weymouth is only con- cerned in that it furnishes water through the pipes.
Beulah Freeman v. Inhabitants of Weymouth, No. 31255 District Court of East Norfolk. This is an action to recover for damages to an automobile alleged to have occurred when the car struck a stone.
Peter Healey v. Inhabitants of Weymouth, No. 25426 Norfolk Superior Court. This is an action of tort for alleged injuries received on Pond Street, South Weymouth.
Stark & Condon v. Weymouth, No. 24941 Norfolk Superior Court. This is a petition for damages for land on Great Pond.
The following cases have been brought by the Town and are still pending :
Inhabitants of Weymouth v. Inhabitants of Wellesley, No. 31439 District Court of East Norfolk.
Inhabitants of Weymouth v. City of Springfield, No. 25429 Nor- folk Superior Court.
Both the above cases are for expenses incurred in connection with poor families having legal settlements in the defendant munici- palities.
344
The following cases which were pending at the time of my last report have been disposed of :
Neil W. Hall v. Inhabitants of Weymouth, No. 16470 Norfolk Superior Court. This was an action of tort under the Highway Act for an alleged defect on Forest Street, which was dismissed for want of prosecution.
Smith & Lovett Co. v. J. J. Gallagher Construction Company et al, No. 37078 Eq. This was a bill in equity to reach and apply the money due from the Town on the Ward 2 Fire Engine House. After hearing, the bill was dismissed so far as the Town is concerned.
Percy S. Yerxa v. Inhabitants of Weymouth, No. 22570 Norfolk Superior Court. This was a petition for the assessment of damages for land taken in the vicinity of Great Pond and was settled for the sum of $2,000.
Inhabitants of Weymouth v. 111.4 Acres of Land, Catherine H. Mathewson et al, respondents, No. 23249 Norfolk Superior Court. The case was tried before Commissioners and resulted in a sub- stantial victory for the Town. Although the land owners appealed to a jury, they withdrew their appeal before the case was reached and as the matter now stands the value of the land has been definitely fixed so the Town knows to a cent how much it is going to cost them. So far as the litigation is concerned, the case is disposed of and it only remains for the Town to say whether it wishes to ac- quire the land for that price or not.
Selectmen of Weymouth, Petitioners v. Eastern Massachusetts Street Railway. The Public Utilities Commission declined to order the tracks on Broad Street taken up.
Philip J. Kane v. Inhabitants of Weymouth, No. 23674 Norfolk Superior Court. This was a petition for the assessment of damages for land taken in the vicinity of Great Pond. The trial resulted in a .verdict of $6,000, or approximately $5,700, excluding interest.
The following cases have been brought against the Town since my last report and disposed of :
Frank W. Burbank v. Inhabitants of Weymouth, No. 24675 Nor- folk Superior Court. This was a petition for damages for land taken in the vicinity of Great Pond, and was settled on payment of $2,100.
In addition to the foregoing, there has been one prosecution for obtaining poor relief under false pretences, which case has been dis- posed of by the defendants pleading guilty and on their making com- plete restitution the judge place them on probation.
There has also been a proceeding before the Department of Public Utilities, to secure approval of regulations compelling the street railway to remove from the street snow which it casts out from its tracks. The Town was successful in having the Selectmen's regulations approved without substantial change.
345
SOUTH METROPOLITAN SEWERAGE SYSTEM
There seems to be a misunderstanding as to the legal status of the Town in reference to entry into the South Metropolitan Sewer- age System. The original bill introduced in the Legislature by order of the Town Meeting provided for the creation of one or more sewer- age districts, which would have enabled those portions of the Town which needed or wished sewerage to have it without burdening the other portions of the Town. The Act as it finally came from the Legislature was changed in many respects and had the provision for the sewerage districts left out. This was not at all the legislation for which the Town Meeting had asked and whether or not the Town should accept it was a matter requiring serious consideration, and directly affected every taxpayer.
After the action of the last annual Town Meeting, which voted to accept the Act by a vote of 122 to 24, the Selectmen asked my advice as to whether a referendum could be had or not. My advice to the Selectmen was that a referendum should be called if petitioned for by the required number of voters under the provisions of our Limited Town Meeting Act. I reminded the Selectmen that they were elected by and responsible to the entire body of citizens of Weymouth; that this was a matter in which all the voters had an interest, and that to refuse to permit the voters to express their opinion would be a very delicate position for elective officials to take ; that I accordingly believed they should call the referendum because if the voters upheld the Town Meeting in the acceptance of the Act, the question would be a moot one anyway and no one' could say that the voters had not had a chance to express their opinion. If, on the other hand, the referendum resulted differently from the ac- tion of the Town Meeting, it would then be a matter to be settled by litigation in the Supreme Judicial Court or would be the subject for subsequent legislation. When it was known that State officials treated Weymouth as having accepted the Act, the Selectmen in- structed me to commence appropriate litigation in the Supreme Jud- icial Court to have the matter determined.
At the present time the situation is further complicated by the fact that by Chapter 426 of the Acts of 1931, approved June 9, 1931, entitled "An Act eliminating obsolete provisions from the General Laws and making certain further corrections and adjustments there- in," the Legislature in amending Section 1 of Chapter 92 of the Gen- eral Laws, which section enumerates the cities and towns in the North and South Metropolitan Sewerage Systems, has included Wey- mouth in the latter. So far as I can ascertain, no Town official of Weymouth was notified when the bill which resulted in this Act was pending and consequently the Town had no opportunity to be heard on the subject. What the Supreme Judicial Court will say was the effect of this Act, which merely purports to codify the changes in existing law, is a matter on which no opinion can properly be ex- pressed at the present time.
Under conditions as they now exist, the Town has three options open to it :
1. To do nothing and thereby acquiesce in the Town being in- cluded in the South Metropolitan Sewerage System.
346
2. To test in the courts the validity of our inclusion.
3. To ask for legislation which will either leave us out of the system altogether, repeal the amendment to General Laws, Chapter 92, Section 1, thereby leaving the question of our entry unprejudiced by subsequent legislation, or will provide for a further submission of the question to the voters of Weymouth.
Which of these courses is to be adopted is not a legal question at all, but a political question involving the policy and interests of the Town, in a matter in which the Town Meeting has expressed itself by a decided majority in one way and the voters have expressed themselves by a decided majority the other way.
It must be borne in mind also that the Supreme Judicial Court can only declare what the law is, whereas the Legislature can change the law if considerations of fairness and justice require such a course. Whenever the voters, the Town Meeting or the Board of Selectmen as their representatives shall decide which of the foregoing courses of action should be adopted, it will then be the duty of the Town Counsel to do all that he can to carry such decision into effect.
OIL POLLUTION
At the last Annual Town Meeting, an appropriation was made to put a stop to the oil nuisance in the waters at North Weymouth. In co-operation with m'e, the Harbor Master has patrolled the waters of Weymouth Fore River and taken samples of the water at times when oil was on the surface. He has also traced this oil up to its source. The result has been a marked decrease in the amount of oil pollution and if conditions do not improve in the Spring before the bathing season opens, the necessary evidence to commence liti- gation for the abatement of the nuisance is now available. The thanks of the Town are due Mr. Veader, the Harbor Master, for the ener- getic way in which he has handled the securing of evidence and the prevention of pollution.
TAX TITLES
Some time ago the Board of Selectmen instructed me to look into the question of the tax titles owned by Town and to commence foreclosure proceedings on those which had been outstanding for more than two years. As a result of this vote, I have had the various pieces of property on which the Town owns tax titles in- vestigated and wherever the owners could be located they have been notified that unless the taxes were paid the tax title would be fore- closed. The result has been that several of these pieces either have been or will in the near future be redeemed, thus relieving the Town of this undesirable property and bringing in the money that is due for the delinquent taxes.
GOLF COURSE
The action of Inhabitants of Weymouth v. 111.4 Acres of Land by which it was sought to have the court fix a price at which the Town might acquire a tract of land on Green Street which was re- commended as a suitable site for a municipal golf course has been
347
brought to a successful termination. Although one of the experts for the land owners fixed the value at $700 per acre, the total price fixed by the Commissioners amounts to only $1,800 for the Mathewson land and $20,800 for the Thompson land. With the other three land owners, the Town has already come to an agreement. The counsel for Mr. Thompson and Mrs. Mathewson appealed to a jury from the Commissioners' finding, but later waived the jury so that the report of the Commissioners is now final and conclusive as to the value of the land. Should the Town decide to acquire this land the total price of the five holdings will be $25,985. If the Town votes to ac- quire the land taken it must do so within six months at this price; if it does not decide to acquire the land the Town in addition to the amount it has already paid to get the price fixed will have to pay the costs of the land owners. What these will be cannot be told as this is the only case which has been brought under the new Chapter 80A of the General Laws and no court has ever interpreted that section of the statute. If the land is acquired it is acquired for park purposes and the Town is not obliged to use it for a golf course unless it sees fit.
GENERAL POLICY
Ever since I have been Town Counsel my policy has been to endeavor to keep down the expense of the legal department by be- ing always at the service of the Town officials for advice so they might avoid acts whose legality could be questioned and which con- sequently might involve the Town in expense for litigation. As a result of this policy, the expense of litigation has steadily decreased. Although the Town's law business has greatly increased, the number of actual trials is a little in excess of what it was fifteen years ago and there have been up to date no suits brought against the Town growing out of illegal acts of Town officials. This is a matter in which I take just pride and has enabled me to keep down the ex- pense of the legal department, with a result that the appropriation needed for 1932 will be the smallest one in recent years.
Respectfully submitted, FREDERIC GILBERT BAUER
Town Counsel.
348
WEYMOUTH ANNUAL TOWN REPORT 1931
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ABORARETESTE VINCER MASSACHUSETTS
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TABLE OF CONTENTS
Alewife Fishery, Report of Superintendent 125
Births
74
Board of Appeals, Report of 159
Board of Assessors, Report of
154
Board of Health, Report of
128
Board of Selectmen, Report of.
119
Deaths
102
Election, Annual Town, March 9, 1931
57
Electric Lighting Committee, Report of
132
Fire Department, Report of
161
Fore River Bridge, Trustees
171
Golf Course Committee, Report of
151
Great Pond Pollution Committee, Report of.
122
Harbor Master, Report of
124
Inspector of Animals, Report of.
133
Inspector of Buildings, Report of
130
Inspector of Milk and Dairies, Report of.
129
Inspector of Plumbing, Report of.
129
Jury List
113
Marriages
91
Park Commissioners, Report of.
138
Planning Board, Report of.
131
Playgrounds, Report of
142
Police Department, Report of
167
Public Welfare Committee, Report of 126
144
Registrars of Voters, Report of
School Committee, Annual Report of. 215
6
349
Sealer of Weights and Measures, Report of 138
Superintendent of Streets, Report of 134
Supervisor of Clam Industry, Report of 124
Tax Collector, Report of 148
Town Clerk's Financial Report
112
Town Clerk's Statistical Report
111
Town Officials
3
Town Meeting, Annual, March 2, 1931
11
Town Meeting, Special, April 13, 1931
67
Town Accountant, Report of.
279
Town Counsel, Report of
341
Town Engineer, Report of
145
Town Treasurer, Report of
333
Tree Warden and Moth Superintendent, Report of.
121
Tufts Library, Fifty-third Report
175
Valuation of Town 158
Vital Statistics, Town Clerk 73
Water Commissioners, Report of. 189
Welfare Officer, Report of 126
Weymouth Infirmary, Report of 126
Weymouth Visiting Nurse Association 169
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