USA > Massachusetts > Worcester County > Worcester > Town annual reports of the several departments for the fiscal year ending December 31, 1881 > Part 6
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80 00
Interest on Savings Bank deposits 26 70
$106 70
No. 3. Interest on Savings Bank deposits
42 59
$42 59
No. 4. Interest on Savings Bank deposits 5 61
Rent of Shaw estate, Salem St. . 18 57
$24 18
No. 5. Legacy, from executors . $5,000 00
Interest on certificate of deposit. 35 41
Interest on mortgage note. 97 22
$5,132 63
Total. $28,325 91
STATEMENT OF PAYMENTS.
No. 1. Surveying and preparing plans $15 40
Salary of Treasurer. . 100 00
Net income, paid into City treasury 5,155 34
$5,270 74
No. 3. Sundry medical books, etc.
$89 80
$89 80
No. 5. Net income, paid into City treasury $132 63
132 63
$5,493 17
119
REPORT OF THE AUDITOR.
Transferred to Investment account, viz : No. 1. . $16,590 25
No. 2. 106 70
No. 4. 24 18
No. 5. 5.000 00
Less withdrawn from Investment account No. 3. .
47 21
$21,721 13
$21,673 92
Balance, cash on deposit, Nov. 30, 1881, Account No. 1. $1,158 82
Total
$28,325 91
WM. S. BARTON, Treasurer.
Worcester, Mass., Dec. 23, 1881.
REPORT OF THE COMMITTEE ON FINANCE.
CITY OF WORCESTER,
IN COMMITTEE, Dec. 12, 1881.
The Joint Standing Committee on Finance, having examined the books and accounts of the City Treasurer, and the securities in his custody, as treasurer, trust funds excepted, beg leave to report :
That they find that his books are carefully and correctly kept, and that the securities belonging to the city are properly accounted for.
They further report that it appears from the books of the treasurer that his cash receipts, from all sources, for the finan- cial year ending November, 30, 1881, were : $2,138,859 56 To which add cash balance of Nov. 30, 1880, 183,791 76
Making a total of $2,322,651 32
And that his cash payments were
2,112,944 96
Leaving a balance, November 30, 1881, of $209,706 36 Which they have verified by actual count, and by an examina- tion of the several bank balances standing to the credit of the city on that date.
They further report that the city securities held by the treas- urer are as follows :
1 Certificate of 2,622 Shares in Stock of the Boston, Barre and Gardner R. R. Co. (par value), . $262,200 00
1 Note of John McGuire, secured by Mortgage of 3,215 square feet of land on Foster Street, 1,700 00
3 Notes of F. H. Kelley, secured by Mortgages of 12,272 square feet of land on Foster Street, 6,100 00
2 Collector's Deeds to the city, securing liens on sundry estates (face value), 12 98
$270,012 98
Total,
122
CITY DOCUMENT .- No. 36.
They further report that the following taxes, assessments and department bills remained uncollected at the close of business November 30, 1881 :
City, County and State Taxes of 1877,
$4,525 88
1878,
5,173 74
66
1879,
4,975 24
66 66
66
66
1880,
6,472 91
66
66
66
6
1881,
19,916 64
School-book Taxes, 1877 to 1881 inclusive,
627 29
Sewer Assessments, old account of 1872,
3,578 25
66
66
new account,
9,516 07
Sidewalk Assessments,
1,875 39
Street Betterment Assessments,
17,690 57
Fire Department Bills ; feed-racks, &c.,
11 00
Highway Department Bills ; labor and materials,
219 30
Incidental Expense Account ; services of engineer,
224 85
Lighting Streets Account; lantern broken,
14 02
Pauper Department Bills ; aid to paupers,
151 64
Water Works, Construction ; service pipe, etc.,
2,485 59
Water Works, Maintenance; rates and metered water,
7,244 10
Total,
$84,702 48
Respectfully submitted.
F. H. KELLEY. H. A. MARSH. ANDREW ATHY.
O. P. SHATTUCK.
G. A. LONGLEY.
J. B. MCMAHON. F. W. WARD.
REPORT OF THE CITY CLERK.
CITY OF WORCESTER, CITY CLERK'S OFFICE, January 2, 1882.
To the Honorable City Council :-
In accordance with the requirements of Chapter VIII., of the City Ordinances, the City Clerk submits the following statement of the moneys received by him as fees or otherwise, during the year ending November 30, 1881, viz. : -
From Licensed Amusements,
$716 00
Auctioneers,
38 00
66
Billiard Tables, &c.,
80 00
Dogs,
1,388 00
66
Hacks and Job Wagons,
283 00
66
Intelligence Offices,
10 00
66 Junk Dealers,
24 00
66
Pawnbrokers,
12 00
66
Sale of Ordinances,
39 50
66
Services of Police at Entertainments,
82 00
Licenses for Sale of Fireworks,
15 00
Office Fees,
1,809 00
Total,
$4,514 16
This sum has been paid to the City Treasurer, and receipts taken therefor.
There has been paid to Edward A. Brown, County Treasurer, the sum of $2,915.40 for dog licenses.
Respectfully submitted.
E. H. TOWNE, City Clerk.
.
Old waste paper,
17 66
PUBLIC GROUNDS.
.
10
.
ANNUAL REPORT
OF THE COMMISSION OF
PUBLIC GROUNDS.
To the Honorable CITY COUNCIL :
A " Report of their acts and doings, of the condition of the Public Grounds and Shade Trees thereon and on said Streets and Highways, and an account of Receipts and Expenditures for the same" during the official year that ended on the Thirtieth (30th) day of November, A. D. 1881, is herewith submitted, as required by the Twenty-First (21st) Section of the municipal Charter :
COMMISSION OF PUBLIC GROUNDS,
In account with
CITY OF WORCESTER,
Cr. :
$5,500 00
Annual Appropriation, Grass, etc.,
84 00
Conscience,
10
Sum,
$5,584 10
Per contra, Dr .:
Steady labor,
$2,227 72
Occasional labor of teams, with drivers,
181 74
Trees, shrubs, etc., and setting trees,
1,243 38
Hardware, tools, and repairs of same,
197 33
Seeds, loam and manure,
533 43
Printing Report,
33 20
128
CITY DOCUMENT .- No. 36.
Freight, trucking, etc.,
8 25
Desk, stationery, etc.,
25 95
Grain, water-fowl, etc.,
12 30
Engineer Department, law, etc.,
86 12
Planing and clearing ice,
22 98
Lumber and carpentry,
73 62
Repairing settees,
56 80
Iron bridge and foundations,
619 86
Paving around street trees,
21 00
Cement and sand,
14 15
Stone and labor,
148 10
Plumbing town pumps,
16 75
Iron foot-bridge,
5 00
Painting bridges, tool-house, etc.,
25 91
Fence wire, baskets, cordage, blacksmith work,
27 71
$5,581 30
Unexpended, to Sinking Fund,
2 80
The Common has been maintained in order ; so far as was practicable under regulations that are not self-executing; and with the further understanding that this very contracted Public Ground lies under the immediate observation of the Civic Police. The lawns were protected from invasion, but imperfectly ; new footpaths daily attesting the inclination of the reckless, or wan- ton, to mar what they cannot appreciate. Nevertheless, the COMMISSION believe that their fellow-citizens, as a body, desire the Common to be kept neat, clean, and green. To be so kept that when, as upon the return of His Excellency, the " Commander in Chief of the Army and Navy of the State," from the Yorktown Centennial, it becomes convenient and desirable to hold a review of militia upon that ancient Training-Field, it shall be found in suitable condition and order. To that end, and for similar uses, it is indispensable that the grass shall be suffered to grow. Trampled upon at the sweet will of each person who, hurried or uncertain, in the effort to make a straight chute from Park to Front streets, meanders aimlessly in a criss-cross and zig-zag cir- cuit of twice the distance ; so that he only goes where he ought not and has no occasion to be; the forlorn waste of old will be restored. A pretty close observation has convinced the Chair- man that the existing Pathways are ample for all present and future needs of the population ; that they are sufficiently direct
129
PUBLIC GROUNDS.
to afford ready approach to any accessible point ; and that those ' who are continually infringing the rules of the COMMISSION,- established in the interest of the whole community, - are proper subjects for police discipline. In the good time coming, it is expected that the future Ideal Police will leap from their downy couches, whereon they are recumbent in that marble palace, - indispensable workshop of Justice and her tools, - nor weary in well-doing. The present difficulty in detecting offenders upon the Public Grounds, or persons injuring the Ornamental and Shade-Trees of the City, is easily explicable. Given ! - luxuri- ous quarters ; with inlaid checker-boards and ivory dominoes, and you will see the average policeman rush out into the rain, or snow, in jubilant chase of delinquents !
" I dreamt that I dwelt in marble halls."
In their Report for A. D. 1880, the COMMISSION assuming that Front Street would be graded, and improved in other respects wherein renovation is in fact demanded by the importance of that thoroughfare; remarked, as follows :-
"Should Front Street be paved, as advised by His Honor the Mayor, some method will have to be adopted to retain the North Walk of the Common. Then would seem to be the time to put down the kerb- stone like that which limits and adorns the North line of Park Street. The old kerb, employed elsewhere, would by so much reduce the cost of substitution.'
That opinion is reiterated. All, - the citizen, and the stranger within our gates; the delegate to Republican conventions which make Governors; and the Governor who finds in a military ball the pretext for coming to see what kind of a place it is where they turn out such contrivances as himself; all, and each, leave the Union Station; take a wondering view of that strange apparition upon the monument; and pass, dazed, through Front Street, should it chance to be passable ! Might it not be worth the while, taking that chance, to render it presentable ? And how so, - better than by putting down a kerb, on the North line of the Common, like that which defines it upon the South !
The original dedication of the tract of land, officially dubbed Central Park; but known to this COMMISSION, and to the People,
130
CITY DOCUMENT .- No. 36.
as the Common - without any nonsense ; by the rude forefathers of the hamlet, for the purposes of a Training-Field ; has been kept sedulously in mind. Every facility is afforded ; even to the mowing of the lawns after the usual working hours; when it becomes notorious, - not known, - that companies of the local militia are likely to parade. If at no other time, the courtesy of a little seasonable information from such companies, when His Excellency the Governor is to be marched upon that Com- mon, under their escort, would not be wasted. For it might at least enable the proper authorities to recognize the felicitous occasion, and official presence, by hanging out their banner, if not upon outer walls, at worst from the Civic Flag-Staff. The ensign of the Republic, belonging to Worcester, is not confided to this COMMISSION. But, though not responsible for its custody, its chronic invisibility, upon public occasions, has caused them to suffer unmerited censure.
COMMISSION OF PUBLIC GROUNDS.
Worcester, Mass., October 24, A. D., 1881.
To the Honorable CITY COUNCIL.
The accompanying note, from Mr. H. H. Bigelow, addressed to myself, individually, but doubtless intended for the Chairman of the COMMISSION, was handed to me at 11 o'clock A. M. of this day. It is transmitted to the Honorable Council, because this COMMISSION has no funds applicable to such purchase ; and more especially for the reason that the opinion of their fellow-citizens would be desirable as to the policy of the acquisition itself :-
[Copy of Note.]
WORCESTER, MASS., Oct. 24, 1881.
EDWARD W. LINCOLN, ESQ.
DEAR SIR,-I am about to take the Fountain down in the Skating Rink, preparatory for the Skating Season. Not knowing if it can be placed back again another year, I will offer the sale of it to you for the purpose of placing it on the Common.
I will set it connected, all complete with fixtures to connect the same to save all the water for drinking purposes or to spread it nicely over a large amount of Lawn.
The sum of money will not exceed One Thousand Dollars and as much less as possible.
Yours Respt.,
H. H. BIGELOW
131
PUBLIC GROUNDS,
The views of the COMMISSION upon the general subject were expressed, at length, as long ago as January, A. D., 1872. In the Annual Report, of that date, occurs the subjoined passage :-
" The plan of improvement, devised and so far executed, by the Com- mission, will be incomplete until after the construction of a FOUNTAIN or, more strictly, JET D'EAU. No City, within knowledge, enjoys equal facilities for the production of an imposing effect of this nature. A survey has already been made and the stakes are set, denoting the intended location of an Octagonal Basin, twenty feet in diameter, which is precisely one-half of the contemplated size. The finest dis- play will be produced by a hollow column, thrown in a single, perpen- dicular jet to any height desirable so long as the falling spray shall be restricted to proper limits. It is believed that water enough could be spared to permit the play of the Jet upon Holidays, when it would, of itself, furnish an extraordinary attraction for the multitudes who throng our streets in search of amusement. In no other way can the City as cheaply supply so much innocent gratification. Sums, largely exceed- ing the utmost expense estimated by the Commission, were appropriated without grudging, in former years for evanescent shows of Fireworks. This simple, unadorned JET is within the plan of work which should be completed during the season that is rapidly approaching. A Foun- tain might be introduced, for ordinary occasions, in exact conformity to the original design, the spent waters of which, when played, should be conducted to the intersection of Salem Square with Front Street, at the North-East corner of the Common, there to supply a much needed convenience wherefrom the tired wayfarer and his animals may quench their thirst. No waste would then be possible of the invaluable element that has cost so much to introduce and diffuse, but which cannot be in too lavish abundance for every legitimate purpose."
Those views are still cherished. No particular opportunity of estimating the full capacity of Mr. Bigelow's Fountain has been afforded to the COMMISSION. Its radius is understood, however, to exceed by far the possible limits of the Rink. The COMMISSION adhere to the position taken in 1872, that any Fountain will be inadequate which does not allow of a perpendicular Jet, to be operated, on special occasions, under the full head from Leicester. Neither Chatsworth, nor Versailles, could begin to equal such a display. Whether the construction of Mr. Bigelow's Fountain is such as to permit the intro- duction of the requisite hollow core is not known to the COMMISSION. As a Fountain merely, the castings are doubtless adequate, at present.
Should the offer of Mr. Bigelow commend itself to the Honorable Council, it would be best, in every way, to make an outright purchase. This COMMISSION, with the co-operation of the Water Department, may
132
CITY DOCUMENT .- No. 36.
well be trusted to do all the work essential to the re-erection of that Fountain.
All which is respectfully submitted (by)
EDWARD WINSLOW LINCOLN,
Chairman.
WORCESTER is growing in population ; and her dwellings inevitably and pleasantly extend farther into the country with each succeeding year. Many new residences are built; others, of humble pretensions originally, are enlarged, or re-constructed ; and, not seldom, houses are moved and re-set in another-more remote location. The COMMISSION OF PUBLIC GROUNDS esteem this latter class of civic necessities as the chiefest of their tribula- tions. It is not recounted among the ills that tested, without exhausting, the patience of Job. But of what avail to live these thousands of years later, if we cannot suffer more and endure better ! The final perseverance of the Saints must be of slight worth, if it does not sanctify those who illustrate the virtue. Under what sanction, or pretence of it; or by what excuse, save stress of weather, the Patriarchal salt deposited his ark upon another antediluvian's hill-top, may never be known. But the recession of the waters could furnish him with no better, or stronger, pleas in bar of trespass than that contractor would have who, authorized to move a building, A. D., 1882, " under the supervision of the Commissioner of Highways," shall find himself brought to a summary halt as he invades a street, that is twenty- five feet between the kerbs, with a house five feet wider.
In the Report of this COMMISSION, A. D., 1874, may be found the following passage :-
" This COMMISSION desire most earnestly to invite the attention of the Board of Aldermen to the whole subject of the moving of buildings through the public streets. For three successive years have questions arisen ; not necessarily affecting the COMMISSION OF PUBLIC GROUNDS, as has been judicially decided : but which their fellow-citizens not unnaturally suppose to be included in their jurisdiction. During the year A. D., 1871, application was made to Mayor Earle for leave to move the house of the late William Brown through Pleasant Street. That most courteous gentleman and vigilant functionary inspected the route, in company with the contractor, Mr. Babcock, and the Chairman
133
PUBLIC GROUNDS.
of this COMMISSION. Finding that there were but Twenty-Five Feet (25) between the kerb-stones, Mr. Babcock declined to assume the responsibility of the damage inevitable upon the passage of so large a building as a whole. Here, the matter rested. Subsequently, during the official term of Mayor Verry, the desired permission was obtained, a condition being established that the house should be moved in sections."
The incidents attendant upon the transfer, to their present sites, of the mansions of Hon. Isaac Davis, and Dr. Henry Clarke, are recited at length in former Reports of this COMMIS- SION. They need not be repeated here :- one record sufficing. In the first case, at the instance and with the cordial co-operation of Mayor Jillson ; not less than in deference to urgent importu- nity from at least a moiety of the abutters along the route of proposed removal ; this COMMISSION applied to the Supreme Court for an injunction. That remedy was refused ; perhaps because of an imperfect statement of the case : possibly from a preponder- ance in the scales of Justice, of the eminent gravity of counsel for the respondent :- the goddess electing, as often depictured, to go it blind.
All those buildings were subdivided ; the sections alone being often adequate to fill the roadway. Latterly,,-the large mansion of Dr. Joseph Sargent has traversed South Main Street, - in practicable subdivision ; no portion being retained so wide as to wholly cover the roadway, or to effectually impede traffic and travel for a serious space of time. There were, of course, com- plaints ; some harm resulted to trees ; yet there was less actual injury than might have been expected.
A recent case, involving various questions affecting the authority of this COMMISSION ; and its legal ability to guard the Shade-Trees along the highways from probable, or consequential, injury ; is so fully set forth in the subjoined official correspond- ence that it will require no other statement.
[COPY.]
" COMMISSION OF PUBLIC GROUNDS,
Worcester, Mass., November 30, A. D. 1881.
To JAMES M. DRENNAN, EsQ., City Marshal :
SIR; I have just learned, by the merest accident, to my extreme astonishment, that it is proposed to facilitate the transfer of the house, -the residence of
134
CITY DOCUMENT .- No. 36.
the late William Cross, -to its new location, by lifting and removing the Shade-Trees along the southerly line of Cedar Street.
To such lifting and removal this COMMISSION does not now, nor will it in future, consent.
The License of the Honorable Board of MAYOR and ALDERMEN carries with it no privilege of abuse or illegality.
In behalf of this COMMISSION, I have to request that you will direct the Police-Force, under your command, to guard the Shade-Trees along Cedar Street from injury, or molestation, from whatever source it may proceed or be threatened.
I remain,-Very Respectfully, EDWARD W. LINCOLN, Chairman."
The original note was handed to Assistant Churchill, in the absence of the Marshal, at 3 o'clock p. m., of the day of its date.
" COMMISSION OF PUBLIC GROUNDS, Worcester, Mass., Dec. 1, A. D. 1881.
To FRANK P. GOULDING, ESQ., City Solicitor :
DEAR SIR : - May I ask you to favor me, at your earliest convenience, with your opinion upon the following points, to wit :
The Board of Mayor and Aldermen licensing the removal of a vacant. dwelling-house, and its transfer to a new location through the public streets, does that permission or 'sufferance authorize the licensee to dig up, remove, or inflict injury upon, the Shade Trees planted along said streets ?
Does a proviso, accompanying said license, that the work of such removal and transfer shall be done subject to the supervision of the Highway Com- missioner, in any way or manner qualify, restrict, or do away with that 'sole care, superintendence, and management of the Shade-Trees standing and growing upon the streets' that is vested in the COMMISSION OF PUBLIC GROUNDS by the Municipal Charter ?
I remain, Very Respectfully and Truly, EDWARD W. LINCOLN, Chairman."
[COPY.]
" WORCESTER, Dec. 1, 1881.
EDWARD W LINCOLN, ESQ.,
Chairman Commission Public Grounds, etc. :
DEAR SIR : - Yours of this date asks my opinion upon the question whether if the Board of MAYOR and ALDERMEN license the removal of a building through the Streets, the licensee is authorized to dig up, remove or inflict injury upon the Shade-Trees planted along said Streets, and upon the further question whether a proviso accompanying such license that the work shall be
135
PUBLIC GROUNDS,
done under the supervision of the Highway Commissioner would, in any way or manner, qualify, restrict or do away with that 'sole care. superintendence and management of the Shade-Trees standing and growing upon the Streets' that is vested in the COMMISSION OF PUBLIC GROUNDS by the Charter.
In answer I will say that I have examined the Charter and City Ordinances, bearing upon the question, and submit the following as my opinion :-
The 2d Section of Chap. 47 of the Ordinances prohibits moving buildings in the Streets without a written license from the Mayor and Aldermen. The Mayor and Aldermen have the right to couple such license with any condition they see fit. By the license, the licensee is relieved from any violation of that Ordinance, if he complies with the terms of his license. He is not, by it, authorized by implication to violate any other law, - whether Common Law, Statute Law, or Ordinance.
By the 21st section of the City Charter, ' the sole care, superintendence and management of the Shade and Ornamental Trees, standing and growing in or upon any of the public streets and highways of said City, are reposed in the Commissioners of Public Grounds,' etc.
Chap. 47, ยง 7, of the City Ordinances, prohibits the 'digging up, injuring, or destroying any Ornamental or Shade Tree, Shrub, or Vine, growing and being in any of the streets or highways, or in any of the public lands of said City, without the consent of the Commissioners of .Public Grounds first obtained therefor in writing.'
I am of opinion that this is a valid Ordinance, and that the Mayor and Aldermen have no power to authorize any person to violate it; and I also am of opinion that the license to move a building through a Street, whether with or without the supervision of the Highway Commissioner, is not intended to authorize, and does in no way authorize a violation of that Ordinance.
See also Gen. Sts., Ch. 46, $ 7.
I need hardly add that such a license in no way affects the authority of the Commissioners on Public Grounds over the Shade-Trees in the Streets.
In conclusion I will say that I am of opinion that a license to move a build- ing in the Streets does not carry with it, in terms or by implication, any authority to dig up, injure or destroy any Ornamental or Shade-Tree growing or being in the Streets. If such building cannot be moved without digging up, injuring or destroying such Shade Trees, the consent of the Commission- ers of Public Grounds and Shade Trees must first be obtained therefor in writing.
Probably the Ordinance was enacted upon the presumption that, if any exigency arose reasonably requiring some greater or less injury to a shade tree, or a temporary removal of it, the consent of the Commissioners having charge of the Shade Trees would be readily given.
However that may be, the Ordinance seems to be explicit, and it needs no argument to conclude that one branch of the City Council cannot, if it desired, license a violation of an Ordinance passed by both branches.
I send a copy of this letter to Mr. Perry, who has verbally asked my opinion upon the same subject.
Very truly yours,
F. P. GOULDING,
City Solicitor."
136
CITY DOCUMENT .- No. 36.
[COPY. ]
" COMMISSION OF PUBLIC GROUNDS, Worcester, Mass., Dec. 2, A. D. 1881.
To JOSEPH S. PERRY, Commissioner of Highways :
DEAR SIR : - In pursuance of the understanding this day had, at our con- ference with the City Marshal, I will state that the COMMISSION consents to the taking up of the maple tree that obstructs the pathway of the ' William Cross house' into Cedar Street ; said tree being replaced securely and as soon as may be.
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