USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1932 > Part 6
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The Moderator invited Rev. Fr. Charles A. O'Brien, pastor of St. Jerome's Catholic Church of North Weymouth to invoke Divine Blessing of the Ruler of the Universe, upon the deliberations of . this meeting.
Before proceeding to the business of the evening the following were sworn as Town Meeting Members:
Wallace H. Drake, John Griffin, Alton W. Jones, Archibald J. Mc- Lellan, George W. Nash, Charles P. Sheppard, Joseph U. Teague, John Thomson, Stanley T. Torrey, Martin J. Walsh, Samuel G. Young, Corydon S. York, Winfred C. Bonney, Joseph J. Conroy, Louis V. Daniele, Peter A. Gallant, Ralph H. Haskins, Frederick V. Nolan, Joseph Nosiglia, Ernest A. Smith, William A. Thurston, George W. Ventre, J. Ralph Bacon, Joseph Crehan, Michael L. Flynn, Walter E. Gutterson, Edward A. Hunt, Timothy G. McCarthy, Everett J. Mc- Intosh, Charles W. O'Connor, William D. Parker, Lester W. Tisdale, Paul J. Worcester, Everett E. Callahan, Harold A. Condrick, John W. Knox, Alfred K. Martin, Charles L. Merrit, Melville F. Cate, Harrison I. Cole, Frederick E. Churchill, James C. Fairweather, Frank M. Fernald, Francis A. Gunn, Minot E. Hollis, Phillips B. Hunt, Joseph W. Kohler, Arthur I. Negus, Charles H. Putnam, Josiah B. Reed, H. Frank Holmes, Frederick Humphrey, Annie J. Libby, Sheldon W. Lewis, Robert Mitchell, J. Edward Mulligan, Andrew T. Moore, Franklin N.
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Pratt, Egbert V. Warren, Helen E. Doble, William A. Ferguson, Irving E. Johnson, Lloyd W. Morrill, Bertha E. Pratt, Alston A. Shaw, Allan C. Emery, Parker T. Pearson and Arthur H. Hayward.
Article 1. Mr. John W. Heffernan, secretary of the Appropriation Committee moved: That the subject matter of Article 1 be remanded to the Board of Selectmen to carry out the mandate of the Town Meeting of March 7, 1932, and that the Board of Selectmen request the Appropriation Committee to transfer from the Reserve Fund any monies required to carry out this mandate.
Mr. William A. Hannaford moved: That the Clerk of the Board of Selectmen be permitted to read all the correspondence between the Board of Selectmen and Frederic G. Bauer, former Town Counsel. So voted.
CORRESPONDENCE AS FOLLOWS
March 31, 1932. .
Mr. Frederic G. Bauer,
236 Pleasant Street,
South Weymouth, Mass.
Dear Sir:
We hereby notify you of the action taken at the annual town meeting March 11, 1932, as follows:
Under Article 2. "That the present Town Counsel be instructed to continue to prosecute in the Supreme Judicial Court until such time as a final disposition has been made of the case". And we hereby retain you and instruct you to proceed in accordance with this vote.
Yours very truly, WILLIAM A. CONNELL, Clerk of the Board of Selectmen.
April 4, 1932
To the Board of Selectmen of the Town of Weymouth. Gentlemen :
I acknowledge receipt of the communication by your Clerk dated the 1st instant in which he states that you "hereby retain" me "and instruct" me to "proceed with" the sewerage litigation now pending in the Supreme Judicial Court.
When a member of the bar is "retained" professionally, it is cus- tomary to pay a retaining fee, and before I accept your retainer I shall expect such a fee to be paid me.
When I was Town Counsel your Board through the then Chair- man asked me to estimate the probable expense of obtaining from the full bench of the Supreme Judicial Court a decision of Wey- mouth's status with relation to the South Metropolitan Sewerage Dis- trict. I gave as estimate of from $600 to $700, which figure I arrived at as follows:
For a counsel fee for presenting the case before a single justice of the Supreme Judicial Court (a necessary preliminary to bringing the. case before the full bench) $200.
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For a counsel fee for presenting the full bench $300.
For entry and sheriff's fees and printing the record and brief $100 to $200.
Total $600.00 to $700.00.
In view of subsequent developments, I believe my estimate of the printing was a little low. Of course, you must understand that the counsel fees charged above are in no sense adequate professional charges for a case involving the work and responsibility which this one does, and those figures were named only because I was at that time Town Counsel, receiving an annual salary from the Town, which under Section 404 of the Town By-Laws, covered a large part of the work involved, so that I was anly entitled to charge counsel fees for "actual appearance in court in the conduct of litigation", and even for that my practice was always to charge much less than would have been a proper charge against a private client, partly because I felt that my work as Town Counsel was in the nature of a public service to my home town and not primarily a money-making propo- sition, partly because I felt that a client who paid me an annual salary was entitled to a reduction in fees, and partly because I felt that a Town Counsel of Weymouth, as was once said of Harvard Professors, was "partly paid in honor".
Inasmuch as I am no longer Town Counsel, the foregoing con- sideration no longer apply, and my fees must be upon the same basis as for any private client. The Canons of Professional Ethics of the American and Massachusetts Bar Association say :
In determining the amount of the fee it is proper to consider (1) the time and labor required, the novelty and difficulty of the questions involved. and the skill requisite properly to conduct the cause; (2) whether the acceptance of employment in the particular case will pre- clude the lawyer's appearance for other cases likely to arise out of the transaction, and in which there is a reasonable expectation that other- wise he would be employed, or will involve the loss of other business while employed in the particular case or antagonisms with other clients, provided that such circumstances are known to the client at the outset; (3) the customary charge of the Bar for similar services; (4) the amount involved in the controversy and the benefits resulting to the client from the services; (5) the certainty or the uncertainty of the compensation; and (6) the character of the employment, whether casual or for an established and constant client. No one of these con- siderations in itself is controlling. They are mere guides in ascertaining the real value of the service.
Any one familiar with the practice of law will recognize that of the factors named above which tend to reduce the fee, "certainty of the compensation" is the only one which exists here, whereas most of the conditions which tend to raise the amount proper to be charged exist, among them the antagonism and loss of other business re- ferred to in the above quotation. I have no desire to over-chargel the Town of which I am proud to be a citizen, but on the other hand, my duty to myself and family requires that I should not give the bene- fit 'of my professional knowledge and experience without adequate com- pensation.
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Accordingly, after careful consideration and consulting certain lawyers of standing and experience at the bar, I have come to the conclusion that a proper professional charge of handilng this entire litigation before the single justice and the full bench would be not less than Five Thous- and Dollars ($5,000.).
This is less than what other attorneys have told me they con- sidered a fair charge. Indeed, one attorney told me he did not think a certain firm whom he named would take the case for less than $25,000.
Dividing a fee of Five Thousand Dollars in the same ratio as that in which I divided my proposed fee as Town Counsel, as stated above, would give a fee of Two Thousand for handling the case before the single justice and Three Thousand for taking it to the full bench. I have already handled the case before the single justice at a cost to the Town not of Two Thousand but of only Two Hundred, plus whatever part of my annual salary would properly be allocated to that case. This leaves Three Thousand as the fee for taking the case to the full bench, which sum, quite apart from the foregoing con- siderations, I consider to be a very moderate fee for a case of this nature.
If, therefore, I accept your retainer, I shall expect a fee from the Town of Three Thousand Dollars ($3,000.) of which sum Two Thous- and Dollars ($2,000.) is to be paid as a retaining fee before I under- take the case, Five Hundred ($500.) is to be paid when the report and reservation is filed with the full bench, and Five Hundred Dollars ($500.) is to be paid when the brief is filed for argument. In ad- dition to the foregoing fees, there will be the entry fee paid to the Clerk of the Court and the expense of printing the record and; brief, which I estimate at Two Hundred Dollars ($200.) in the ag- gregate.
I am leaving for Washington tonight and will take with me the necessary materials for work on the case, so that upon receipt of the retaining fee of Two Thousand Dollars ($2,000.) I will at once com- mence work. Inasmuch as the last sitting of the full bench for the season begins May 9th, work must be begun at once if the case is to be heard at that sitting.
If in the meantime, the Legislature passes an act which settles the question of our membership in the sewerage district before either of the above named installments of $500. becomes payable, all further obligations on the part of the Town will cease.
I have the honor to remain,
(signed) FREDERIC GILBERT BAUER
April 11, 1932
Mr. Frederic G. Bauer,
40 Court Street, Boston, Mass. Dear Sir:
We have taken your communication of April 4th, 1932, under con- sideration and have decided we cannot pay you such a fee as you suggest. It seems to us that the amount stated of $3,200.00 additional
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compensation for completing the litigation with relation to Wey- mouth's status in the South Metropolitan Sewerage District is an exorbitant charge.
The history of this case, as we understand it, is that during your tenure of office as Town Counsel you were instructed to draft legis- lation to enter the South Metropolitan Sewerage District. Chapter 419 of the Acts of 1930 accomplished this. Section 6 of this Act con- tained the method of acceptance by the Town Meeting Members. They voted to accept the Act by the method therein and within the time limit set for its acceptance. Thereupon you advised the Select- men that this matter could be properly be made the subject of a referendum and in accordance with your opinion a referendum was held and the voters decided not to accept the provisions of the Act.
Subsequently the Attorney General dcelared we were a part of the South Metropolitan Sewerage District by acceptance of the Act through the Town Meeting Members and thereupon you instituted proceedings before a single Justice of the Supreme Judicial Court con- testing the view of the Attorney General. For this work you have been paid. To continue the litigation before the full bench of the Supreme Judicial Court, you ask us to pay you $3,000.00 additional for your services and estimate $200.00 more as the expense of printing the record and your brief.
You were present at the Town Meeting in March when the Town voted to authorize you to proceed with this litigation. You know they voted no appropriation for that purpose. At that tiem you made no suggestion of any fee as you now demand, or any method of being retained as you now propose. In fact you remained silent and we feel your silence led the Town Meeting Members to believe that the arrangements made at such meeting were agreeable to you. You profess devotion to the Town's interest in your communication and we have every confidence that the Town would deal fairly with you and pay a just amount of service actually rendered in accordance with its vote. The Town of Weymouth has a reputation for fair dealing of which it is justly proud.
Inasmuch as you previously estimated the probable expenses of this entire litigation would not much exceed $700.00 we are willing and at this time authorize you to proceed in accordance with the mandatory vote of the Town within the terms of your estimate.
May we hear from you at your early convenience.
(signed) WILLIAM A. CONNELL,
Clerk of Board of Selectmen.
Under the rules of the meeting Mr. Connell's time has expired. Mr. Melville F. Cate moved and it was so voted: That the time limits prescribed be removed.
Mr. Connell proceeded to further read:
April 25, 1932
To the Board of Selectmen of the Town of Weymouth:
Your communication of April 11 appears to call for no answer from me and I am writing this letter solely in order that you may have no
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possible ground for misunderstanding the situation.
You wrote a letter retaining me to handle on behalf of the Town the sewerage litigation, in accordance with a mandatory vote of the Town Meeting. I wrote back and told you what my fees would be. You wrote back stating that you could not pay any such fee and en- deavoring to beat me down to what I had estimated my charges would have been as Town Counsel. I have no intention of entering into any controversy with you whatever, and as far as fixing fees are concerned, I do not think that any member of your Board is suf- ficiently familiar with legal practice or legal charges to know what is a reasonable counsel fee in such a case. I have named a price which I consider reasonable, and I shall not debate that price or enter into any discussion with you, and shall not undertake the work unless some arrangement which is satisfactory to me is made to pay me fees.
You speak of the fairness of the Town Meeting Members in recompensing me for my services, but there may be no Town Meeting until March next and as I have business which pays me cash I cannot afford to neglect this work in order to render for you services for which I may have to wait nearly a year to receive payment.
Furthermore, when I named my fee, I informed you that I would take the papers to Washington with me so there might be no delay in getting to work on the case in order that it might be submitted to the court for argument at the sitting which opens on May 9. In- asmuch as you did not meet with my terms at that time it will now be necessary, if the case is to be argued at the May sitting of the Full Bench, for me to postpone certain work and hire someone else to do certain work that I may devote the necessary time in getting this case for argument. I shall have to add $300. to the fee which I formerly quoted to you.
I have not yet sunk to the point where I have to solicit legal business and the entire initiative in this matter has come from the Town and yourselves and not from me.
If you desire me to take up this case, you know the terms upon which I am to do so. If you do not care to meet those terms, further correspondence is unnecessary.
Yours very truly, (signed) FREDERIC GILBERT BAUER
Mr. Allan C. Emery moved as a substitution :
To rescind the vote taken under Article 2 of the warrant of the annual meeting of March 1932 (the following is not a part of the motion : that a committee of five be appointed by the Moderator and that the present Town Counsel (Frederic G. Bauer) be added thereto, to draft resolutions to the General Court for legislation to relieve Weymouth of its membership in the South Metropolitan Sewerage District; and that the present Town Counsel (Frederic G. Bauer) be instructed to continue to prosecute in the Supreme Judicial Court until such time as a final disposition has been made of the Sewerage case) and that the subject matter be referred to the Board of Selectmen and the Town Counsel Kenneth L. Nash for further action.
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Mr. Robert H. Buchan moved as an amendment: To add the word "present" before the words Town Counsel. So voted.
Mr. Edward A. Hunt moved as an amendment: to add after the words Town Counsel, the name Kenneth L. Nash. So voted.
Mr. William D. Parker moved two motions which the Moderator stated he would put before the meeting after the motions and amend- ments before the meeting had been dispensed with.
Mr. John W. Knox moved as an amendment to Mr. Emery's motion as amended: That the matter before the Supreme Judicial Court be prosecuted to a final decision.
Mr. Robert H. Buchan moved as an amendment: That if the Selectmen in their discretion proceed with further litigation that they will not obligate the Town of Weymouth for a further sum in excess of $500 .; and further that the present Town Counsel request of the former Town Counsel to return to the Town Treasurer the $500. which he has received for which there has been no evident services rendered.
After quite a lot of discussion on the question Mr. Archibald J. Mclellan moved the previous question. After time for debate had ex- pired the Moderator put the question "Shall the main question be now put." So voted.
The first question before the meeting was the amendment of Mr. Buchan, as follows: That if the Selectmen in their discretion proceed with further litigation that they will not oblgate the Town of Wey- mouth for a further sum in excess of $500 .; and further that the present Town Counsel request of the former Town Counsel to return to the Town Treasurer the $500. which he had received for which there had been no evident services rendered.
This amendment was put before the meeting and was declared not a vote.
The next question before the meeting was the amendment of Mr. Knox, as follows: That the matter before the Supreme Judicial Court be prosecuted to a final decision. This was put before the meeting and was declared not a vote. More than seven Members having doubted the vote a recount was ordered. The Moderator appointed Frank E. Loud, Albert Humphrey and Daniel L. O'Donnell as tellers, and they were sworn to the faithful performance of their duty. On a recount the tellers reported 107 voting in the affirmative and 54 in the negative, the amendment of Mr. Knox was so voted. The motion of Mr. Emery as amended was so voted.
Mr. Francis A. Gunn moved: That the expense of the litigation before the Supreme Judicial Court shall be limited to the sum of $700. Mr. John W. Knox moved as an amendment: That the amount to be spent in litigation be left to the discretion of the Board of Selectmen.
Mr. Gunn asked unanimous consent to change the amout in his amedment from $700. to $1,000. Objection was given.
The amendment of Mr. Knox was then put before the meeting and was so voted.
The motions of Mr. Parker were then put before the meeting as follows:
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1st. That the sense of this meeting is that the Town of Wey- mouth wishes to stop their efforts to influence legislation to allow us to break our contract woth the State and also wishes to drop liti- gation in the Supreme Judicial Court. This was put before the meet- ing and was declared not a vote.
2nd. That the chair appoint a committee of three citizens to render a decision as to the location or locations, size and kind of ma- terial needed, elevation and grade and cost of sewers that should be bult in Weymouth in the year 1934. If money is needed no more than $500. shall be at their disposal.
This motion was put before the meeting and was declared not a vote.
Voted: That the committee appointed at the annual town meeting in March, 1932, to draft resolutions to the General Court to relieve Weymouth of its membership in the South Metropolitan Sewerage District be discharged and a vote of thanks and appreciation be ex- tended to them.
Mr. Emery's motion as amended and voted is as follows:
"To rescind the vote taken under Article 2 of the warrant for the annual meeting of March, 1932, and that the subject matter be referred to the Board of Selectmen and the present Town Counsel, Kenneth L. Nash for further action; that the matter before the Supreme Ju- dicial Court be prosecuted to a final decision and that the amount to be spent in litigation be left to the discretion of the Board of Selectmen".
Article 2. Mr. John W. Heffernan, secretary of the Appropriation Committee moved: That the Town raise and appropriate the following sums for the payment of unpaid bills of former years:
Warren Menchin (Board of Health) $72.00
George Langford (Board of Health) 66.00
M. D. Jones (Memorial Day Committee) 13.75
Frank W. Cowing 136.20 $287.95
This question was put before the meeting and it was so voted.
Article 3. Mr. John W. Heffernan, secretary of the Appropriation Committee moved: That the Town raise and appropriate the sum of $37.50 to reimburse Anthony Veader for services rendered.
This question was put before the meeting and it was so voted.
Mr. Joseph Crehan offered the following resolution :
"Whereas many citizens of the Town of Weymouth are in great need of employment at the present time and the Unemployment Fund of the Town cannot care for all; and whereas a school building is to be erected in the North part of the Town; and whereas it has been demonstrated by the construction of the School Cafeteria with local construction that such is feasible; Be it resolved that the Town of Weymouth at special town meeting assembled this 17th day of May, 1932, recommend to the committee for construction of this school building that said construction be accomplished through the employment of local craftsmen and local labor".
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The question on the adoption of this resolution was put before the meeting and it was so voted and adopted.
Police officers at the doors reported 201 Town Meeting Members present out of 281 members eligible.
Mr. Alfred C. Sheehy at 10 P. M. moved to adjourn and it was so voted.
SUMMARY OF EXPENDITURES May 17, 1932
Article 2. Unpaid bills of former years $287.95
Article 3. Reimbursement to Anthony Veader, services rendered 37.50
$325.45
CLAYTON B. MERCHANT, Town Clerk
WARRANT FOR SPECIAL TOWN MEETING COMMONWEALTH OF MASSACHUSETTS
Norfolk, ss.
To the Constables of the Town of Weymouth in said County, GREETING:
In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn the inhabitants of Weymouth aforesaid qualified to vote in Town affairs to meet in the hall of the Weymouth High School on Wednesday, the Twentieth Day of July, 1932 at seven o'clock and forty-five minutes in the evening, then and there to act on the following articles, namely :
Article 1. To see what additional sums of money the Town will vote to raise or borrow and appropriate for the expenses and opera- tion during the remainder of the current fiscal year of each of the following Town Depatments and activities, to wit:
(Item) 1. For Charities, including :
(a) Relief given by the Town of Weymouth to per- sons having a legal settlement in said Town;
(b) Relief given by the Town of Weymouth to per- sons not having a legal settlement in said Town;
(c) Work in lieu of charity.
2. For Old Age Assistance under Chapter 118A of the General Laws.
3. For Maintenance of the Town Hall and War Memo- rial.
4. For Fire Department.
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5. For Highway Department:
(a) General Maintenance
(b) Construction
(c) Sidewalk Construction
(e) Purchase and Maintenance of Equipment
and to determine in each case how and under whose direction the money shall be expended; to rescind, revise, alter or impose any conditions or restrictions upon the expenditure of any appropria- tions for any Town Department now or heretofore made that the Town may think proper; to fix the terms and conditions of any loan or loans authorized to procure any of such funds and to authorize the issue of any such bonds or notes, or to take any other action in reference to any of the foregoing subjects.
Article 2. To see if the Town will vote to rescind the vote on Article 2 of the warrant for the Special Town Meeting, held July 13, 1931, whereby it voted to raise by loan and appropriate $33,000.00 for the construction of a water storage tank at North Weymouth in so far as it relates to $6,000.00 of the loan authorized and unissued, said sum not being necessary for the completion of the work involved, or take any other action in reference thereto.
Article 3. To see if the Town will vote to raise or borrow and appropriate the sum of four hundred and fifty-one dollars ($451.00) for the purpose of maintaining during the ensuing year, the mosquito control works as estimated and certified to by the State Reclamation Board in accordance with the provisions of Chapter 112, Acts of 1931; or take any other action in reference thereto.
Article 4. To see if the Town will vote to designate as Town Forest all land taken for the protection of the water supply under authorization of the vote on Article 35 of the warrant for the annual town meeting of 1928 and fully described in said vote, or take any other action in relation thereto.
You are directed to serve this warrant by posting a copy thereof, attested by you in writing, in each of two public places in each voting precinct in said Town, seven days at least before the time for holding said meeting.
Hereof fail not, make due return of this warrant with your doings to the Town Clerk of said Town on or before the sixteenth day of July, 1932.
Given under our hands at Weymouth this eighth day of July, in the year of our Lord, One Thousand Nine Hundred and Thirty-two.
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