USA > Massachusetts > Worcester County > Worcester > Town annual reports of the several departments for the fiscal year ending December 31, 1881 > Part 9
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Its mate survived for a few weeks, in apparent health, but evidently felt lonely. It could be seen sailing around the Pools ; searching the inlets and nooks in a way that was never observed while both were living ; and now and then emitting its natural call. It seemed so forlorn, that the writer felt almost a relief when he found it floating, dead ; although but the day previous it had, for the first time, accepted food from him.
The thanks of the COMMISSION, and of the people generally, are none the less due to their distinguished townsman who, in the hurry and whirl of engrossing pursuits, finds time for kindly remembrances of the place in which he was born. He may be assured that his thoughtful gift was fully appreciated ; and that all, whether children or adults, admired the Swans and deplored their loss as a personal sorrow.
The COMMISSION were indebted, subsequently, to some quite young gentlemen, - sons of Joseph H. Walker, Esq., and Dr. H. Y. Simpson, for a couple of fine specimens of what they des- ignated as the Blue Heron ; - young birds which they captured while on a vacation in New Hampshire. Perhaps nothing in the Park, - not even the Swans, - ever aroused more curiosity and attention. Their grotesque motions and queer antics ; with their devout and solemn style of fishing for their livelihood; were droll in the extreme and afforded constant amusement to groups of interested spectators. They took kindly to their new home, and were doing well, until a leg of one was broken, - the result, it is believed, of wanton injury. In spite of every effort to
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repair the harm, it proved fatal after a few weeks. The survivor is thriving, at this present writing ; and, should nothing untoward occur, can resume his old occupation when the ice breaks up. It is understood that there are more where those came from; and assurances have been given that the pouts in the Pools shall be provided with another rapacious overseer.
Mrs. Julia Davis Chandler, of Northborough, also placed the COMMISSION under obligations, by the present of a pair of thorough bred Call Ducks, of Puritan origin ; and appropriately named, - John, and Priscilla. She wished them, as pets, " placed where they will be cared for and appreciated "; and she will doubtless find that her trust in this COMMISSION is justified by the result.
The new Bridge, intended by the COMMISSION to supply a much needed convenience toward the Northerly end of Elm Park, was early completed. It was constructed by Mr. Henry F. Edwards, from a design of his own; and the sole credit for the workmanship, in every sense, belongs to him. Its graceful appearance, upon the original sketch, commended it to the approval of the COMMISSION ; who had only thereafter to insist, and see to it, that the construction should be thorough and secure. The pitch is somewhat sharp ; but there are ways around for those who do not like to go over. And to those who come out for pleasure, a slightly prolonged walk involves no hardship. The elevation could not be reduced, without too great expense for the supply of approaches of dressed masonry ; and the COM- MISSION have always aimed to dispense with every trace of elabo- ration that could be avoided. Turf for terraces, and split stone instead of hammered for coping, suit their taste and govern their preference. Of course it is not meant by this that the evi- dences of intelligent design should be wholly concealed ; since such purpose would be as absurd as the effort to achieve it would be futile. But the contention is, that what snits a rustic land- scape is better adapted to a Park than the more artificial and polished work along city streets. People seek Commons and Public Grounds to be relaxed ! - not strait-laced ! A huge pile of hammered granite, belittling the Ornamental Water which it spans, for those who prefer it ! encompassed, as it may
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be, by lofty architecture and massive edifices. But a light, airy conception, in toughest iron, for Worcester; whose applied mechanism, like its rural scenery, is equally grateful to the eye, nor less diversified and unique.
Concerning the general condition of Elm Park, as one of the Public Grounds of Worcester ; the people have kept themselves well informed, by personal inspection throughout the pleasant season. Its capabilities for a picturesque garden develop them- selves more clearly as the past work of the COMMISSION unfolds itself. Largely subterranean, -it is no wonder that impatience was sometimes shown because results became so slowly apparent. Yet such labor had to be expended; and its task must be achieved, before anything looking towards ornament could be attempted. Occasional compliments from strangers have, not infrequently, gratified the COMMISSION. But, welcomer than aught else has ever been the approbation of their fellow- townsmen, with whose lot their own is cast ; and for whom and whom alone would they undergo the fatigue and exposure exacted in the proper discharge of duty.
In the recent Inaugural Address of His Honor, the present Mayor, occurs the following passage :
"In 1854 I advocated the purchase of Elm Park. The land was secured, not without opposition in the City Council.
To-day I venture to suggest that the City ought to own a large and inex- pensive tract of land, beyond the mile circle, for the park of the future. There ought to be some extensive grounds near the City proper, where the public could enjoy the free air of hill and dale without being trespassers," etc.
It is of happy augury that the reminiscence of a former ser- vice, by His Honor, should coincide with his return, through the favor of his fellow-citizens to a post where his little finger may be thicker than were his loins before. His advice is well-put and terse. It is a disgrace and shame that the acquisition of Public Grounds for the future Worcester should be delayed past opportunity - almost hope ! present or prospective. Debt has nothing to do with the question, except as an option of imme- diate, or deferred, payment for the land desired and taken. If we go on as heretofore ; putting off until to-morrow when now is
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the accepted time ; no suitable territory of sufficient area will remain unoccupied. The purchase, and addition to Elm Park, of NEWTON HILL, have been often enough urged by this COM- MISSION. Argument on that head is not repeated, because the decision of the City to possess Tatnuck Brook will compel the occupation of the summit of that Hill for a distributing reser- voir ; and the ownership of the base may well fall into the same hands. It is but a question of time; and it should be of short time, considering the imperative need of abundant water, and the months, if not years, that will be indispensable to render its introduction seenre beyond peradventure.
Leaving that prospective annexation to the very limited area of our Public Grounds to the inevitable law of accretion; as well as to the exactions of an overruling necessity ; the COMMIS- SION concur with His Honor in the opinion that Worcester should own "a large and inexpensive tract of land, beyond the mile circle, for the park of the future." And they have no hesitation in saying that such Park should be located by and along the shore of Lake Quinsigamond. They believe that it should be acquired at once, that the present generation may have the enjoyment of it. And because it ought to be obtained at a lower rate than years hence when, if not built upon, it will have a prospective, speculative valne, from the growth of the City to the eastward, which is already approximating the most eligible ter- ritory. The gospel whilome preached in these Reports is bearing fruit, - some an hundred-fold. Houses are built ; - a settlement arises, - with its churches and schools ; and yet the Honorable COUNCIL doubt, or procrastinate, while the people desire action ! If ever a Park, by the shore of Quinsigamond, worthy of Wor- cester, is to be secured ; it should be without the delay attendant upon an infirm purpose.
It should be an acquisition of land, merely ; - leaving all plans or projects of development to be met by those who moot them ; - in another generation, that may elect to alter Nature, or with which any change shall be deemed improvement. The great multitudes that resort to the Lake upon all pleasant days, during the milder seasons, should be able to step freely upon their own land. The cautions against injury to shrub, or sward,
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would be needless there ; upon an extensive tract: whereas they are indispensable upon such a diminutive patch as the Common. It has, sometimes, occurred to the COMMISSION that there might, and ought to be two such lacustrine Parks, or Commons ; because of the extreme length of our Easterly boundary along the shore of Quinsigamond. In that event, - Wigwam Hill, with the little plateau at its base ; long since a favorite resort for family parties, and Church Picnics; would be an admirable selection for the more Northerly. While a location to the South- East, between Lake Avenue and the water, would answer the demand in that direction ; and convert the reproach, that the Avenue is diverted too far inland, into an avowed blessing. For it would then become a mark of delimitation, as well as a way of access ; - imposing a fixed and visible boundary, conspicuous and plain enough to impress all with a clear idea of what and how much is the Public Ground, thereafter, to be kept sacred from individual encroachment.
The City of Boston is largely true to its opportunities and needs. It owes much : - but, looking not back to the dead past, it contemplates a brighter and living future. Its debt is consid- erable; but something can be shown for it! Within the last month, by a unanimous vote, its City Council passed orders, establishing the Arnold Arboretum, in connection with the Uni- versity at Cambridge; and making provision for a Marine Park, at South Boston, at an expense of $200,000; a Park at East Boston, to cost $50,000; the improvement of Muddy River, estimated at $200,000; and the Charles River Embankment, at a cost of $300,000. The ability of Boston, to acquire and possess Public Grounds, is no greater, relatively, than that of Worcester. The earnestness of her people to enjoy them, so far as the observation of the writer goes, is decidedly less. Each lack Water; both have a superfluity of sewage; and blind guides abound, - following whom they would be found in the same ditch. But insolvency and ruin never afflicted any munici- pality because it put its faith ; and credit, if need were ; into the procurement and ownership of Commons and Parks. It is a policy aiming towards a higher development, which gives charac- ter to a community more directly and decidedly than all its arts
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and artificers can do by combined effort. It attracts, - as does Beauty always : and in man, at least, the sensibility and percep- tion of loveliness end but with life. Those whose eyes were privileged to gaze upon the charm and glory of Fairmount, A. D. 1876, would fain behold its repetition, no matter how far short of achievement the attempt might fall.
In the Annual Report of this COMMISSION, A. D. 1870, the first over the signature of the present Chairman, may be found the following suggestion, which, in the light of subsequent events, was almost prophetic :
"The opinion of the Commission is decided that the city of Worcester should obtain, from the Great and General Court, power to occupy and possess Lake Quinsigamond, for the purposes of a PUBLIC PARK, without prejudice to the rights of riparian owners, whatever they may be. In this way, if in no other, could the level of its waters be maintained at their average height, thus preserving the smooth and verdant banks which so much enhance its beauty."
Again, A. D. 1871, -
" The Commission would omit no practicable method of preserving Lake Quinsigamond in its integrity and to that end would again advise that its recognition as the WATER PARK of Worcester be solicited from the General Court."
And so on, - almost with each recurring year, until A. D. 1879 :
"Now, why should not the City of Worcester and the Town of Shrewsbury unite in obtaining, from the General Court, an Act estab- lishing the Lake as a WATER-PARK and vesting its control in those two municipal corporations ? * *
* * *
A WATER PARK established ; and the control over its average level, or volume, vested in Shrewsbury and Worcester; there would be no resulting expense, save at the will of those municipalities. * *
* Their possession of exclusive jurisdiction over that lovely Lake could harm no one, and might enure to the common welfare."
At last, finding that what all have at heart nobody would put in hand, the Chairman asked Mr. George S. Coe,* a friend, to
* Now of Grafton, - but with an interest as keen as ever of old.
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whom the reduced stage of Water and the exposed shores of the Lake had been, and continued, a daily offence; to offer in Shrewsbury Town meeting the following :
"Voted: - That the Selectmen be requested to confer with the municipal authorities of the City of Worcester, upon the policy of establishing Lake Quinsigamond as a Water Park ;
And to make application, in conjunction with said municipal authorities, should they mutually agree upon a plan ; at the present or next session of the General Court of the Commonwealth; for the necessary legislation in the premises."
That vote, after explanation by its proponent, was adopted, without dissent. Still, - A. D. 1882, no positive results enuring to the benefit of the people! The conference is not held, - etiquette blocking the way : Town and City, each standing upon its dignity ; awaiting like women, the first call ! Meanwhile private greed, which has latterly got a firm hold upon the outlet of the Lake, with its concessions and aggressions of milling ; though not possessing what it evidently despises, - the higher " privilege " of citizenship ; protrudes its tentacles, attaching its hard, unrelenting grasp to Land, and Lake ; now forbidding the gathering of Ice by riparian owners ; anon reducing the volume of water to a minimum; and ultimately challenging the very Commonwealth to exercise the right; - its own by Eminent Domain, in that "Great Pond;" and, as strongly or equitably, by purchase, of miles of shore measuring around coves and indentations.
All which is Respectfully Submitted, by EDWARD WINSLOW LINCOLN, Chairman.
Worcester, Mass., January 23, A. D. 1882.
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BY -LAWS
OF THE
COMMISSION OF PUBLIC GROUNDS,
OF THE CITY OF WORCESTER.
1. No person shall be suffered to affix, in any manner whatsoever, advertise- ments, handbills, placards, posters, or written or printed notices, to any of the Shade Trees of the City.
2. Dogs are prohibited in Elm Park, unless under the direct control and restraint of their owner; otherwise, they will be regarded and treated as outlaws. Owners of dogs will be held personally responsible for any damage done by their animals.
3. All persons are hereby forbidden ---
To place any erection or obstruction on the Common or Parks of the City.
To catch, trap or shoot Birds or take Birds' nests.
To injure, damage, destroy or dig up any turf, shrubs, trees ór plants, or break up or destroy the surface of the Commons, or light any fire upon them.
To deposit any rubbish, manure, cinders, road sweepings, bricks, timber, building materials, or other substances, upon the Commons or Parks of the City, or in any pond or basin of a fountain in said Commons or Parks, or in any manner to fill up, defile, or pollute the same.
To place any carriage, cart, or other vehicle upon the Commons or Parks of the City, or upon the foot-paths over the same.
To fire any gun or other fire-arm (except of the Militia of the Com- monwealth), or throw any stick, stone, or other missile.
Or generally, to act in a disorderly manner, or to commit any nuisance, or do any act tending to disfigure or injure the Commons or Parks or annoy or hurt any person frequenting them for the purpose of exer- cise, recreation, or transit.
Under penalty of Ten Dollars ($10.00) for each offence, to be paid to the person whose testimony shall secure a conviction.
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CITY CHARTER -- Section 21.
* * * * And said Board may make all necessary by-laws and regu- lations in the execution of their trust not inconsistent with this Act and the Laws of the Commonwealth, as they shall deem expedient.
March 4, 1874.
THE COMMON. - ITS USES.
June 27, A. D. 1853, Aldermen William A. Williams and Edward Earle, with Councilmen James S. Woodworth, James H. Wall, and William M. Bickford, were appointed a committee of the City Council to " confer with the Society worshipping in the Old South Church, in reference to removing their Meeting- house from the Common."
July 11, of the same year, a Petition from the First Parish, was presented in the City Council, asking for the "use of the necessary territory on the Common and Main Street during the time of the repairing of their Meeting- house," and for leave to " turn their House around so as to have it front on Main Street." This Petition was referred to the Mayor,* and City Solicitor, t with authority to take such action as they might think proper.
December 26, A. D. 1853, Alderman Williams, from the Committee appointed on the 27th of June, reported that they had obtained an Opinion of eminent counsel relative to the legal rights of the City and of the First Parish in the Common and Meeting-house. That Opinion was ordered printed. It cannot be found, however, except in the columns of the Spy ; and as it should be preserved among thie civic documents, it is now appended to the Report of the Commission of Public Grounds ; - its most appropriate place.
The undersigned, having been appointed to take into consideration the subject of the City Common, the right of the city to the control and use thereof, and, in connection therewith, the rights of the First Parish over any part of the same or contiguous territory, do now comply with that request. The difficulties which beset some of the questions that have arisen, respect- ing the power of the town or city to appropriate the Common for public uses, and the relative rights of the First Parish, and which have sometimes embar- rassed the action of the respective parties, result from the imperfect history which is to be obtained from the early records of the origin of the title, both of the city and of the parish, the want of definite limits to the original grant of the land, and of carefully specified uses to which it should be applied. We have therefore been obliged to trace, from the earliest record, the transactions of the town and parish having a bearing upon the subject, and to derive assistance from the usages of past time, in determining what rights exist at the present day. It is clearly to be inferred from the early records of the proprietors of Worcester that they originally intended to make liberal provi- sion for a public park or " common," and for the support of the ministry and of public schools. For these purposes extensive tracts of land were set apart. And it is equally clear that the broad aud liberal views in reference to these matters were never fully carried out by an irrevocable appropriation of
* Hen. John S. C. Knowlton. + William A. Williams, Esq.
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the lands originally designed for these objects. A portion of them were cov- ered by early grants to original settlers, and when the town, succeeding the original proprietors in the control of the lands appropriated for the general use, had occasion to survey and trace the limits of such lands, over which title could still be asserted, they were found to be much narrower than the early records of the original " laying out" of the township would indicate. The earliest record of the proprietors relating to what is called the "common," bears date July 6, 1669. It is the report of a committee of the proprietors appointed to lay out the town. Among other proposed reserva- tions of land for general use, the committee report, that there be a place reserved in common, near the centre of the town, convenient for that pur- pose, about twenty acres, for a training place, and to set a school-house upon, as near as may be where the meeting-house shall be placed." It does not appear by the records that the report of the committee was acted upon. How far it was practically adopted, and to what extent it was modified or rejected, must be a matter of inference from subsequent transactions and events. Nothing further is to be gathered, relative to this appropriation, from the records of the proprietors, unless it be the evidence of private grants encroaching upon what may be supposed to have been intended for a public common, until 1732. On the 17th of May in that year, Benjamin Flagg and others "were directed to renew the bounds of the public land about the meeting-house, and return a plot of the same to the proprietors, in order to be recorded in the proprietors' books." November 3, 1734, the committee reported that " they, having surveyed the same, do find 11 acres and 140 rods, including the burial place and the road leading through the same."
That report, and the action of the meeting at which it was made, are important to be considered in determining the questions herein discussed. At the date of this report, we find, therefore, that of the twenty acres origin- ally recommended to be set apart for a common, a tract short of twelve acres remained. Within a few years from that time, there is reason to believe it was further considerably curtailed by private grants, and reduced to its pres- ent dimensions. What remains of the ancient Common, and is embraced within its well defined and acknowledged limits, we think we can confidently say belongs to the town or city, for the use of the inhabitants generally. No part of it can be sold or be devoted to private uses. To what purposes may it then be applied ? The committee for laying out the town reported, as we have seen, in 1669, that the 20 acres to be reserved in common, be appropri- ated for a training field and school-house, but there does not appear on the records any vote of the proprietors restricting the use of it to these purposes. And in 1734 it appears that a part of the land had been devoted to the use of the settlers as a public burial ground. Over other parts, traveled ways had been established by use, or by the authority of the proprietors. Since then, at early and more recent periods, the town has placed upon it buildings for various public uses, such as school-houses, hearse houses, a gun house, and a town hall. There was also, in the last century, as well as in the present, a public pound on the east part of the Common. We are of opinion that the town had authority to erect the Town Hall and maintain it where it now stands. We infer this from the absence of any restriction against such use,
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to be found on record; from the manner in which the land was controlled and used under the authority of the proprietors, and by the early inhabitants of the town, and from the consideration that it is not inconsistent with the gen- · eral objects to which the territory was devoted, so far as they can be ascer- tained, from the history of the town from its earliest settlement.
The remaining subject to which our attention has been directed, respects the right of the First Parish to maintain a meeting-house on the present site of their house of worship, and the extent of the rights of that parish. It appears by the report of the committee of the proprietors in 1669, before referred to, that the erection of a meeting-house in the centre of the town was then contemplated. The committee recommended that the common land be laid out "as near as may be " to the place where the meeting-house was to be built, and on a preceding page of their report they had recommended that " the most convenient place nearest the middle of the town and adjacent to the minister's lot be set apart and improved for placing the meeting-house for the worship of God upon it." The inference is, that the spot for the meeting- house had already been determined upon. It is certain that one was erected at an early day, for we find it delineated rudely on the plan of the Common, sketched by the committee, and transferred to the proprietors' records, with their report. Successive structures of the same character, including the present South Meeting-house, have been erected and maintained to the present day. All have stood substantially where the present meeting-house now stands.
Until 1787 there was but one religious society. recognized by law, in the town of Worcester. In that year the Second Parish was incorporated, and as a consequence the division of the town into two parishes. The First Parish succeeded the town in the control of all parochial property. That parish have enjoyed the undisturbed possession of the meeting-house, which was erected in 1763, and stands on or near the west side of the Common, from the time of the division of the town into two parishes to the present day. The right of the parish to maintain a meeting-house on that site is established by strong evidence of an early grant of land for that purpose, and by prospective possession for a period of nearly seventy years. The under- signed do not entertain a doubt that the right is well established, and is without limitation in respect to its continuance. How far the parish has a right to change the location of their meeting-house, and to occupy other land which was left in common, is a question not without its difficulties. In select- ing a spot for the site of a meeting-house, the proprietors of Worcester did not establish its limits, so far as the records reveal their doings. We are obliged to ascertain the extent of the rights of the parish from their occupa- tion of. territory and the exercise of acts of ownership over it, aided by imperfect early records. In 1827, and again in 1834, the parish enlarged their house of worship; but in each instance there was an application to the town for its consent, which was granted. On the other hand, the town has, at various periods, exercised acts of ownership over the public land around and adjacent to the meeting-house, taking care not to infringe upon the land actually occupied by the parish, or needed to give convenient access to their meeting-house. The limits to their relative rights are not defined by metes
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