USA > Massachusetts > Worcester County > Worcester > Town annual reports of the several departments for the fiscal year ending December 31, 1867-1870 > Part 11
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The Commissioners have not escaped censure, in neg- lecting to plant trees for the adornment, and especially for the protection from the burning sun, of the play grounds of suburban and other school houses. Some- thing of this useful decoration, indeed, has been already attempted ; and the Commissioners would feel encourag- ed to resume this commendable work of embellishment, if parents and teachers would cooperate in restraining school children from wantonly abusing the trees. Noth- ing taught in our schools is likely to prove more valua- ble than the lesson of morality and good citizenship which would cause such trees to be respected by each generation of pupils, as cherished objects which they should take pride in leaving uninjured for the enjoyment of generations of their successors in the years to come. But whether for utility or decorative purposes, the value of trees in the play-grounds of the schools would be hardly appreciated beyond the limits of the district where they might be planted. If set out at the expense of the districts themselves, a certain neighborhood in- terest attaching to these leafy ornaments would in a measure guarantee their protection. This, with some co-
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operation and assistance on the part of the Commission- ers, seems to be the best way in which to effect the very desirable improvement under consideration. Teachers, in furtherance of the object to be accomplished, should be required to treat as a misdemeanor any injury inflicted by their pupils upon the trees which are, or may be, planted in their school house enclosures.
To "threaten the law" against persons violating the ordinances which protect the trees and public grounds of the City, is always an unpleasant duty for the Commis- sioners to perform. They therefore recommend that the police officers be especially instructed to enforce these ordinances, and particularly against the class of offenders who may break, cut, or climb the trees, or fasten horses thereto. It is also recommended that no privilege to erect, repair, or remove any building shall be hereafter granted, until the parties interested shall have given se- curity for any damage that may thereby come to any tree* or other property belonging to the City. It might also perhaps conduce to the security of the trees on our sidewalks, and incidentally to the safety of our citizens, if there were more hitching posts for horses, and if many of the posts already set were more. judiciously located. At any rate, to fine a man for leaving his horse untied, in streets where no hitching posts are provided, seems a little like administering a dose of justice before its in- gredients have been properly mixed.
Nothing further occurring to be said, this report is res- pectfully submitted.
For and in behalf of the Commissioners, GEORGE JAQUES, Chairman.
Worcester, January 24, 1868.
*In this matter of protecting ornamental trees, the municipal regulations of today are hardly more severe than those of yore. A town ordinance, dated April 7, 1783, inflicts a fine of 10 shillings upon "any person, being an inhabi- tant of this town, who shall injure or destroy such trees so set out."-Lincoln's History of Worcester.
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Free Public Library.
.
Report of the Directors OF THE
FREE PUBLIC LIBRARY.
To the Honorable James B. Blake, Mayor, and the City Council of the City of Worcester :
The Directors of the Free Public Library respectfully present their Eighth Annual Report.
It is not quite fifteen years since a few young men were incorporated by the Legislature, under the name of The Young Men's Library Association of Worcester, for the purpose of diffusing and promoting knowledge . among the Inhabitants of the City of Worcester. With the exception of a small collection of books, belonging to the Worcester Lyceum, there was at that time no public library in Worcester, which all the citizens with- out distinction were entitled to use even by the payment of a fee. During the first year after its incorporation, the Association collected a library of about seventeen hundred volumes, the result of voluntary gifts of money and books. Two years afterwards, the Association united with the Worcester Lyceum, obtaining by the union, an addition of a library probably a little exceeding one thousand volumes in number.
This collection in 1860 had increased to a little up- wards of forty-five hundred volumes, when it was trans- ferred to the City, and forms the nucleus of the Circula- ting Department of the Free Public Library.
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In the meantime, in 1855, Dr. Green had placed in the custody of the Association, for the benefit of the public, his library then amounting to some forty-five hundred volumes, imposing no other restriction upon the use of the books, than the stipulation that they were not to be removed from the room where they were kept.
Dr. Green increased this collection to about seven thousand five hundred volumes before 1860, when his munificent gift to the city was consummated, which result- ed in the establishment of the Green Library, and con- stituted one of the most important events in our mun- icipal history. From these beginnings, so recent yet so comparatively humble, the library has grown until the Directors have now to report the history for the past year, of an institution with a collection of books, amount- ing to more than twenty thousand volumes.
An endowment of thirty-five thousand dollars, destin- ed to be increased by its own accumulation to the sum of one hundred and twenty thousand dollars, not to . mention an indefinite and incalculable future increase, with a Reading Room Department endowed with an ad- ditional fund of eleven thousand dollars supplying the public with the principal newspapers and periodicals of this country and Europe, all contained in a costly build- ing specially devoted to its use, yet whose spacious limits it is already beginning to outgrow and requiring the constant service of four skilful and experienced atten- dants. To this result so gratifying and so magnificent, the cordial and constant liberality of the City . Govern- ment has largely contributed.
Dr. Green died October 17th, 1865. By his will the sum of thirty thousand dollars, one fourth in bank stocks and the remaining three-fourths in mortgage securities, was bequeathed to the City, and directed to be paid
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within one year after his decease, and to be known for- ever as the Green Library Fund. A codicil to the will bequeaths to the city, twenty shares of bank stock of. the par value of one hundred dollars each, to be added to said fund at the decease of certain persons in the will named. As to the use and expenditure of the income of said fund, it is directed that one-fourth part of said income be added annually to said fund, and that the re- maining three-fourths of said income, after repairing any accidental loss that may happen to the principal, shall be expended by the Directors in the purchase of books, to be added to that department of the Free Public Libra- ry, which was instituted by the testator, and in repair- ing and re-binding the books of that Department, provid- ed that when the invested fund shall reach the sum of one hundred thousand dollars one-fourth part of the in- come shall continue to be added to the principal, three- fourths of the income of one hundred thousand dollars, after repairing any losses of the principal to be applied to the income and support of said department, and the remaining part of the income to be applied by the Di- rectors for the benefit of the whole of the Library.
Another provision of the will itself, bequeaths to the City thirty shares of bank stock after the decease of cer- tain persons named, to constitute a fund known as the "Librarian Fund," the whole income of which is to be added to the principal until the fund amounts to the sum of twenty thousand dollars, after which time, one-fourth of the income is to be added to the principal forever ; and the remainder applied to defraying the salary of the Librarian, and the other expenses of the Library at the discretion of the Directors.
Upon these provisions a grave, and until within a few years would have been deemed a quite doubtful question
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of law arose, growing out of the policy of the law which prohibits perpetuities. It being deemed unreasonable and contrary to a sound public policy, to allow persons to tie up their estates so that they could not be enjoyed until the lapse of long periods after their decease, it has long been a settled rule of law, that a devise is void which is not to take effect within the lifetime of some person who is living at the death of the testator, or within twenty one years and nine months thereafter. It has further been long settled, that this prohibition extends not only to cases where the principal estate is not to vest within such period, but also to cases where the principal fund is to vest in the legatee instantly, but the income is direct- ed to accumulate so that it is not certain to be used or enjoyed within the period above named. In view of this doubt the executors of Dr. Green declined to pay over the legacies to the City unconditionally, but offered to do so, on receiving a bond to indemnify them. The Mayor however, being of opinion that such a course would leave the question undertermined to be raised at some indefinite period hereafter when the present sur- viving relatives of the testator might have passed away, and given place to others who might feel less in- terest in carrying his wishes into effect, with the full concurrence of the Board of Directors, declined to re- commend the giving of such bond, but requested the executors to apply to the Supreme Court to direct them as to the disposition of the fund. The Court, after notice to all persons interested, all the next of kin and resid- uary legatees of Dr. Green who were of competent age to act in the matter appearing, and consenting to the decree, have rendered a judgment so far establishing the validity of the provisions of the will as to order the fund to be paid over to the City, with interest from the 27th
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day of October, A. D. 1866, being one year after the de- cease of the testator. The honorable and just conduct of the family of Dr. Green in thus doing everything in their power to facilitate the carrying his wishes into effect, saved the necessity of any other proceedings in Court than the mere entering a formal decree which is forever conclusive upon the matter.
But the same questions have been recently before the Supreme Court of Massachusetts in two cases published in the year 1866, Drury v. Inhabitants of Natick, 10 Allen, 169, and Odell v. Odell, 10 Allen, 1. In the first of these cases it was determined that a bequest to the Inhabitants of a Town for the establishment of a free public library creates a public charitable trust. In Odell v. Odell it was held : Ist, that where a bequest for a public charity directs an accumulation of the income for a period of years, the bequest is valid and the trust fund will vest in the trustees, even if the accumulation for so long a period cannot be allowed; 2d, that the rule appli- cable to bequests and devises for private purposes which limits the accumulation to a life or lives in being at the testator's death and twentyone years, &c., thereaf- ter, is not applicable to public charities.
The Court, however, strongly intimate that some limit should be fixed to accumulations even for charitable uses, without deciding what that limit is, such decision not being necessary to the disposition of the case then before them. The security of the funds left by Dr. Green would seem to be ample. The city is itself the trustee, and would be held to make good any loss to the funds arising from bad faith or negligence on the part of its officers. The risk of loss from the fault of the trustee being out of the question, if the directions of the testa- tor as to the investment of the funds are followed, they
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would seem to be reasonably secure against all contin- gencies except the bankruptcy of the city, or such civil changes as shall destroy established institutions and ren- der all property valueless. In the absence of such ca- lamities it is to be hoped that this endowment may be as permanent and enduring as civilization itself.
In such case it is manifest that a period must some time arrive when future accumulation would create a fund beyond the power of the City to manage, and far beyond any profitable needs of the institution for which it is created.
From calculations furnished by Wm. E. Starr, Esq., it appears that after the time when the two funds provided for by Dr. Green shall have amounted to one hundred and twenty thousand dollars, they will, if the directions of the will are obeyed amount
in 50 years to
252,629 09
100
531,845 48
" 200
2,357,163 44
300 66
10,447,055 95
500
205,211,819 19
800 66 17,865,494,641 18
" 1000
66
350,932,422,807 08
supposing the investment to be at the rate of six per cent., and one quarter of the income to be added to the principal annually.
It may be thought that there is little practical wisdom in looking forward to the termination of spaces of time so vast. But there are many English charities now in operation, with unimpaired endowments, which have been established for many centuries ; William of Wyke- ham, who died about five hundred years ago, establish- ed several colleges and schools, which are still support- ed by the trust funds given by him in his life time.
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The church of St. Cross, founded by Henry DeBlois in 1136, still gives a piece of bread and a glass of ale to every person who asks for them at the gate, in accor- dance with the direction of the founder given, seven hundred years ago. There are doubtless in England many ecclesiastical and collegiate endowments of still more ancient foundations. The wisdom of a rule of law which forbids accumulations so vast for an unlimited period of time is therefore quite apparent.
It is believed, however, that the City may rightfully and lawfully obey the direction of the will until a fund is accumulated, ample enough to defray all the expenses of the library, and so fulfil the beneficent purpose of the donor. The City will doubtless feel itself bound in honor to obey the direction of the will and permit the accumulation of the fund until the amount is so large as to leave no question that the testator, were he living, would not desire further increase.
No important change has taken place within the past year in the condition of the library or in the methods of its administration. The liberal appropriations which have been made by the City Council, for which the Di- rectors desire to return their thanks, show that there is no need of repeating the elaborate arguments with which in years past we have endeavored to inculcate the importance and value of this institution and commend it to the confidence and support of the City.
The regulations of this Board place each of the several dapartments of the library under the special care of a Committee, whose duty it is to make a report of the con- dition of their own department at the close of the year. These reports and that of the Librarian are herewith submitted.
During the coming year a portion of the income from
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Dr. Green's legacy will be available for the purpose of increasing the Green Library. In the last annual report the Directors expressed the belief that a sound, rigorous, and well-considered system of accumulation should be adopted and strictly adhered to, and urged the impor- tance of selecting some departments of knowledge upon which the collections of the Library should be full and complete, instead of wasting our resources by gathering together a few works on each of a large variety of sub- jects, attaining to thoroughness in none. The citizens can render great aid to the Directors in this effort by taking pains to bring to their attention the wants of the Library ; persons who are proficient in particular studies making out lists of books needed to render the collection complete in the department in which they are inter- ested.
The Circulating Department must for many years de- pend wholly on the liberality of the City Government for its increase and support. Considerable as is the number of books which we are enabled to offer to the inhabitants of the city for use at their homes, this de- partment of the Library is yet in its infancy. The whole number of books which it contains, falls short of that added to the Public Library of Boston for the same use in a single year. We trust the time will come when the means at the disposal of the Directors will be such that there will be no book to which any citizen really and earnestly desires access, which will not be supplied in one or the other of the Departments of the Library.
The Directors think it proper to express their sense of the important services which have been rendered to the Library by the chairman of the Library Committee, Wm. A. Smith, Esq., who withdraws from the Board after eight years of consecutive service as a Director. Mr. Smith,
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whose efforts had contributed largely to the foundation and increase of the Young Men's Library, has continued and increased those efforts in the service of the City, spending many of his spare hours in the Library and ac- quiring probably a greater familiarity with the practical working of the institution than any other member of the Board.
The Reading Room continues to be one of the most interesting and successful of the public institutions of the city. The removal of the Cabinet of the Natural Histo- ry Society has enabled the Directors to provide larger and better accommodations for the visitors to the Read- ing Room. This has required a considerable expendi- ture for a new entrance to the basement from the room above, and for the verandah on the east side of the build- ing, and also renders necessary the employment of an additional assistant. The Directors are confident the City Government will cheerfully meet the increased expendi- ture needed for this purpose, it being remembered that the fund which supports the reading room is derived from private subscription.
The reports of the Librarian, of the Library, Reading Room, and Finance Committees, and of the Treasurer, are annexed, and made part of this Report.
All which is respectfully submmitted,
For the Directors,
GEO. F. HOAR, President.
LIBRARIAN'S REPORT.
To the President and Directors of the Free Public Library :
The season has come for the usual Annual Report, and I herewith present you with such statistics as a year's working has produced. Your constant care of and regular meetings at the Library enable you to form pretty accurate judgments of its condition and wants. 'The books you pass judgment upon for admission to its catalogues, will aid yon in forming opinions of its utility. If the number of volumes circulated is less, the amount of actual reading has probably been greater this year than any other since the Library was open for public use. The light- er and more trivial matter is less anxiously sought for, while the solid and useful is in better demand. The Abbott Novels, such as Rollo and Franconia stories are in good demand by such as do not have ac- cess to Sunday School libraries, and who are just beginning to read. The Mayne Reid and Oliver Optie Novels are in special demand. So much are these used and abused that few only are in good condition.
I am sorry to see that many cases of unnecessary wear of books oc- cur. I try my utmost skill to prevent it, as also the marking of the books with pencils. By careful management with the new books de- tection of a number of persons has been the result, and I have withheld books from these persons as the only punishment in my province to inflict. It would greatly subserve the interests of the Library, if pa- rents and others who have the greatest interest in the institution, would direct, as they can in this matter. The privileges the Library affords are too great to be abused or even neglected.
The Directors, upon the opening of the Library, wisely decided to limit the volumes any one might take from it. thus securing a more perfect reading of books. When it has seemed advisable the number has been increased. The application of this rule has lessened the num- ber taken out, but we are not to limit the readings to 60,000, for often a book is read many times while once out. Many, too, are read aloud in the family, thus diffusing knowledge to many at once reading.
I have been very exacting in collecting fines, allowing no excuse. In this way the books come back with remarkable punctuality. It is a great detriment to have books out beyond time, while borrowers are awaiting their return. The few duplicates in this Library will of course make our condition in this respect still worse.
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The per cent. of lost and worn out books is exceedingly small. I have scarcely a case in mind where there was intention to purloin a book. The privilege of using the Library so far out-weighs the value of a single volume, few, indeed, are there who could venture, detec- tion is so easy. The experiment, as it was deemed at first, of great freedom without guarantee, can now be set down a success. It has been a subject of special wonder to parties coming here for informa- tion to help them start like institutions, that we should give out books on the single condition of an agreement to comply with the rules.
The number of books given out for the year ending with the sum- mer vacation, is 59,564, and the number of new borrowers is 1362.
The amount received for fines and catalogues is $182.92
There has been expended for postage and express, 29.98
Extra labor in the Library, 8.45
Stamps and seals,
10.14
Fixtures, repairs, cleaning, and plumbing, 69.45
Stationery, adv'g, cover paper, blanks, and blank books, 86.40
$212.40
The use of the Reference or Green Library is largely increased, aided very much by its connection with the Reading Room. Both are just now quite crowded. The depression in business probably in part causes it, though the demands on the Library and Reading Room have had a regular increase. It cannot be expected to meet all the demands that may be made upon the Library, small as it is, yet such is its com- pleteness in the different departments that we have been able to meet nearly all calls for information. I have loaned freely from my pri- vate collection when the Library did not have the book wanted. It has been my endeavor to meet each and every call for books as expe- ditiously as possible, and in the exact spirit of the request. Pupils from the schools use the Library largely in aid of studies pursued.
The additions to the Library, given below, do not include the pa- pers and periodicals just bound, 112 volumes, nor the set of Punch re- cently received at the Library, 19 volumes, because I have received no instructions as to their designation.
Of papers donated, Jos. White gives the Independent ; Hon. J. S. C. Knowlton his paper, the Palladium, weekly ; J. D. Baldwin & Co., the Spy, daily ; Publishers of Gazette, their daily ; Rev. Dr. Hill, the Lib- eral Christian, weekly ; Clarendon Harris, the Monthly Religious Jour- nal ; the late Charlotte Prince Hawes, the Commonwealth, till recent- ly ; publishers of the Universalist, Boston, their weekly.
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I have had great trouble in keeping the books covered, because all the paper I could find has been poor, scarcely repaying the labor of putting it on the books. Now I have found some made for the pur- . pose, and secured one bundle, two reams, which will last a long time. This and a few unusual items of expense bas compelled me to draw largely upon myself for the sum of $29.98. Of this the Jan .- April quarter postage bill is paid.
In the care and management of the entire institution placed in my charge, it has been my aim to look after all its affairs as if they were my own, and in my intercourse with the different parties, old and young, (for all come who can,) I have intended equal justice and the most liberal aid consistent with the rules by which I have been guided. Many complain (it seems the fashion) not because they do not have equal privileges, but in that they do not have special privileges, such as cannot well be extended to all, therefore I have just proceeded in the line of my duty as interpreted by my own conscience, and they, (for a time only in most cases) have fallen out of the regular train of visitors to the Library.
Respectfully submitted,
Z. BAKER.
ADDITIONS TO GREEN LIBRARY.
Books purchased for the Green Lib. during the year 1867, BOOKS DONATED. BOOKS.
190 vols.
Hon. George F. Hoar, 28
PAMPHLETS. 375
United States : Department of the Interior, 63
Family of Sam'l Jennison, Esq,, complete set of American Almanac, 26
Hon. Charles Sumner,
17
5
Hon. J. D. Baldwin, 12
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