USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1908-1909 > Part 39
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PURIFICATION OF ALEWIFE BROOK AND ADJACENT AREAS.
On Wednesday, June 23, 1909, at the site of the old tide gate on Alewife Brook in Somerville, the Metropolitan Com- missioners and representatives of the cities of Cambridge and Somerville, and the towns of Arlington and Belmont met to witness the inauguration of the improvement of Alewife Brook and adjacent areas, for which improvement $125,000 has been provided. Remarks were made by the Metropolitan Park Commissioners and by different representatives of the various towns and cities, and Mr. William A. Muller, one of our enter- prising citizens and largely interested and enthusiastic in the scheme from the first had the honor of lifting the first shovel- ful of earth. From that time the work has been steadily mov- ing on, and another year will doubtless see the work near com- pletion. When completed, motor and other boats are expected to pass from Spy Pond to the ocean and to Mystic Pond and Charles River. This improved condition must bring into adjoining towns large areas of improved territory both for residential and farming purposes-and the valuation of real estate is necessarily enhanced. City and town authorities will doubtless be called upon to assess betterments as authorized
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by Section 7 of Chapter 529 of the Acts of 1906, which reads as follows :
Section 7. Each city and town shall have the same author- ity within five years after the passage of this act to determine the value of and assess upon real estate in said city or town the amounts of betterments accruing to said real estate by rea- son of said improvements, as is conferred by chapter fifty of the Revised Laws upon boards of city or town officers author- ized to lay out ways, and the provisions of sections one to thirteen, both inclusive, except sections four and eleven of said chapter fifty, shall apply to such assessments.
DEAD TREES.
Notwithstanding the financial outlay and special precaution given for years by the town towards the preservation of our street trees, it was very evident the past year that something unusual was killing many of these trees, especially along the centre of the Town. Believing that the laying of gas mains along the centre by the Arlington Gas Light Company had much to do with the killing of these trees, the Board had the matter investigated by the State Forester and by Professor Geo. C. Stone of Amherst, both experts on such work.
After thorough investigation, both of these gentlemen reported in writing that gas leakage was largely the cause of the injury.
The attention of the Gas Company was called to these reports, and at a conference between representatives of the Company and the Joint Board the damages were satisfactorily adjusted. Under this arrangement the Arlington Gas Light Company agrees to remove certain specified trees and replace them with young trees, and to bear one-half the expense of removing and replacing certain other specified trees-the removal of the old trees and the replacing by new to be done under the direction of our Tree Warden. The Board were much pleased with the fair and considerate spirit displayed by the representatives of the Gas Company.
MAD DOGS.
Mad dogs being at large, biting other dogs, and, therefore, a serious menace to the public, the Board of Selectmen, on the advice of Dr. Austin Peters, Chief of the Cattle Bureau and local physicians, and in accordance with the provisions of law,
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passed the following order, at a meeting held March 16, 1909, for the protection of our people :
ORDERED, That any and all dogs within the limits of the Town of Arlington shall be muzzled or restrained from run- ning at large from date to June 16, 1909.
Notices were duly posted and distributed to the inhabitants of the Town. At the expiration of the time there appeared to be no occasion for its extension. The return on the war- rant issued to Constable Urquhart showed that '25 dogs had been killed. No persons were reported to the Board as having been bitten.
TOWN YARD.
As authorized and empowered by the Town at the Town Meeting held March 22, 1909, the Board of Selectmen have purchased the land bounded by Hobbs Court, the Metropoli- tan Pumping Station and the Boston & Maine Railroad near Brattle Street, about 2.6 acres in extent and owned by the Kelley Estate, said land to be used as a Town Yard, the price paid being $3,500, the sum appropriated therefor by the Town.
Proper papers have been received by the Town, and after being duly recorded in the office of the Register of Deeds, were field with the Town Clerk.
TOWN FIRE INSURANCE.
The amount of fire insurance carried on property owned by the town has been increased $40,000, almost all of it being on the Locke School addition.
The total amount carried by the Town, Dec. 31, 1909, is $350,000 on buildings and $84,000 on contents, making a grand total of $434,000.
BOILER INSURANCE.
The boiler insurance expiring Feb. 1, 1909, was renewed for a period of three years, being placed with the Hartford Steam Boiler Inspection and Insurance Company. Seventeen differ- ent boilers are covered, the same being located in the various school buildings, town hall, Robbins library, stone crusher, steam roller, and steam drill.
The law relative to the inspection of these boilers appears to be efficiently carried out, thus safeguarding the public.
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LIABILITY INSURANCE.
This insurance covering public and employees' liability on certain work in the highway, sewer and water departments expired May 23, 1909, and was renewed, being placed in the Travellers' Insurance Company of Hartford, Conn.
No accident of a serious character, and calling upon the com- pany for adjustment has taken place.
CONTRACT FOR FURNISHING COAL TO TOWN DEPARTMENTS.
Invitations were extended to twelve different coal compan- ies for proposals for furnishing the several departments of the Town with coal for the current year.
Three were received.
Peirce & Winn Co., being the lowest bidder, were awarded the contract. Their prices were as follows :
D. & H. Lackawanna egg, stove and furnace $6.13 per ton Honey Brook egg 6.88 66
Hazelton 6.53
Wm. Penn or Reading Hard 6.38
George's Creek, Black Sheridan & Wilson Co.'s 4.32 16 6
New River
3.97
Stove and nut delivered in half-ton lots, as wanted 7.10
The several departments furnished were schools, library, water department, highway department, fire department, and outside poor department.
The total amount of coal covered 451 tons egg, 15 tons fur- nace, 123 tons stove and 415 tons bituminous, making a total of 1,004 tons.
As far as we have heard the coal has been satisfactory to the several departments.
CONTRACT FOR PRINTING THE ANNUAL REPORT.
Five invitations were extended for proposals to print, bind and deliver our annual town reports for the year 1909.
Three proposals were received. John F. Biggs & Co. was the lowest bidder and was awarded the contract.
Extra copies in cloth and separate reports of certain depart- ments are to be supplied as ordered.
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JURY LIST.
Under the law the jury list must be revised by the Select- men on or before the first day of July annually and before the first day of August copies of said list must be delivered to the town clerk and to the clerks and assistant clerks of the supreme, judicial and superior courts of Middlesex County.
This list is made up in season (usually in January) to have the list for the following year printed in the annual town report for the year previous. The list for 1910 appears in the report for 1909 at the close of the Selectmen's report.
OUTSIDE POOR.
The number of persons receiving aid during the year just closed is greater than last year, while the cost is less. This reduced cost is largely because the aid has been reduced in some families and discontinued in others. Several families heretofore helped for several years have become self-support- ing on account of the earning power and assistance rendered by their children.
This is very commendable, as it removes these families from the pauper list.
The Board is in close touch with the recipients of town aid, and when conditions warrant, reduce or discontinue further assistance.
The total number of persons of all classes aided during the year is 228, of which 91 were adults and 137 children.
The greatest cost is for the regular list, which includes those whose residence and settlement are in Arlington, and who are aided continuously. Next to this in amount is the cost of board for those in the "City Home," Somerville, formerly inmates of our almshouse.
The financial statement attached herewith gives the receipts and expenditures relative to the various classes aided .
SICK IN HOSPITALS.
This includes those committed to State or city hospitals for medical treatment. In most cases they resided elsewhere, but had settlements in Arlington. Several cases, however, were sent to the State Infirmary, Tewksbury, from Arlington, as state charges.
Most, if not all, of these cases, are such as require special treatment, which cannot be rendered at their homes.
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Sending such cases to the hospital is no doubt humane, and a pro- tection to the public. The cost usually falls on the State, or the city or town where the patient has a settlement. Occasionally the cost is reimbursed by the patient or relatives. No doubt cases are taken to the hospital who are fully able to pay for care and treatment and should be made to do so.
CHILDREN.
The Overseers of the Poor have authority to place pauper chil- dren who are in their charge and over two years of age in a respectable family in the Commonwealth, or in an asylum therein, to be there supported by the city or town according to the laws relative to the support of the poor until they can be otherwise cared for.
Nine children continue to be thus cared for, all being orphans, and all placed in the care of relatives.
INSANE, EPILEPTIC AND FEEBLE-MINDED.
Formerly the Overseers of the Poor had to do with the insane, the epileptic and the feeble-minded. Since January I, 1904, the State has assumed the care and expense of the insane, and since Dec. 1, 1908, the care and expense of the epileptic and feeble- minded has been assumed by the Commonwealth. Whether the cost to the Town will be actually less by the change, we are un- able to say. The Town pays its share of the general mainten- ance of these cases, but indirectly, through the State tax.
CRIPPLED AND DEFORMED CHILDREN.
The Massachusetts Hospital School, situated at Canton, Mass., went into commission this year. The school is in charge of the State, and is designed for the education and care of crippled and deformed children. "Such charges as are paid" in this school "by the Commonwealth, or by any city or town, shall not be deemed to have been paid as State or pauper aid, and no person shall be deemed to be a pauper in consequence of his inability to pay for the support of a child in this school."
A crippled child, ten years old, was admitted to the school from Belmont. The child having a legal settlement in Arlington, this Town is liable for the expense.
EXCESSIVE BURIAL EXPENSES.
While the Board highly commends the desire of friends and kin to give deceased friends and relatives a decent and respectable burial, it must enter a protest against excessive funeral expenses
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for those who were recipients of town aid at the time of their decease, or for those whose death leave their families entirely destitute and subjects of public or private charity. This prac- tice appears to be of common occurrence. In the opinion of the Board, however, it is a great mistake and should be discouraged. No doubt such ill-advised expenditures tend to lessen the sym- pathy and charitable disposition of private individuals inclined to aid the poor and unfortunate. In such cases, too, Overseers of the Poor are justified in hesitating as to the character of assist- ance to be rendered.
Any available funds from life insurance, or otherwise, after allowing a reasonable sum for burial expenses, should be reserved for the relief of the urgent necessities of the living members of the family, and not expended on the dead.
REIMBURSEMENTS.
Reimbursement is always forthcoming from the city or town in which the party aided has a legal settlement, or from the State, if the party aided has no legal settlement in the Commonwealth. It is seldom, however, that reimbursement is received directly from the individual or family aided, though the same is some- times promised. Occasionally, persons aided voluntarily, settle the bill in order to have their name or family taken from the list of paupers. Such action is very commendable, and is to be en- couraged. It is too often that persons receiving town aid mis- represent their real financial condition, and thus impose upon public or private charity. Whenever cases of this character are known "the punishment should meet the crime." The offense may at times justify legal suit by the town for reimbursement. Overseers are constantly on the lookout for such cases. The financial statement shows the character of reimbursements re- ceived.
"CITY HOME" INMATES.
Since the discontinuance of our almshouse the "City Home" at Somerville is used as such. Four of our paupers have been in- mates here, the same as the year before.
BURIALS.
Under certain conditions the Overseers of the Poor have author- ity to decently bury certain deceased persons, including unknown persons found dead. When State charges, the State allows $15 for the funeral expenses of a pauper over twelve years of age,
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and $10 when the pauper is under that age. One case of a de- ceased person over twelve years of age was so buried.
OVERSEERS OF THE POOR.
The election of Overseers of the Poor by towns was author- ized by statute in 1691, although they had existed in England for a century before. When not a separate and distinct board, the Selectmen by law act as Overseers. Their duties are many and varied and so complex that to thoroughly under- stand them requires years of experience. In general :
"Every city and town shall relieve and support all poor and indigent persons lawfully settled therein, whenever they stand in need thereof.
"The Overseers of the Poor shall have the care and over- sight of all such poor and indigent persons so long as they remain at the charge of their respective cities and towns, and shall see that they are suitably relieved, supported, and em- ployed, either in the workhouse or almshouse, or in such other manner as the city or town directs, or otherwise at the discre- tion of said overseers."
WHO ARE PAUPERS?
In 1832 the Justices of the Supreme Judicial Court said :
"Long before the adoption of the third article of amend- ment to the Constitution, the word 'paupers' had acquired a precise and technical meaning and was understood to desig- nate persons receiving aid and assistance from the public, under the provision made by law for the support and main- tenance of the Poor." See II. Pickering 539.
"Every person is a pauper who receives relief at the public expense, and such as is provided by law for persons standing in need of immediate relief." See Charlestown vs. Groveland 15 Gray, page 15.
A State pauper is a pauper who has no legal settlement in any city or town in the Commonwealth, and whose relief is chargeable to the State.
A city or town pauper is a pauper having a legal settlement in some city or town in the Commonwealth and whose relief is chargeable to the city or town in which he has a settlement.
RIGHT TO VOTE.
By Chapter II., Section 12, of the Revised Laws, paupers and persons under guardianship, as well as persons unable to read or to write shall not have the right to vote.
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RESPONSIBILITY OF KINDRED.
The mutual liability of parents to maintain their children and of children to maintain their parents was established by law in England in 1597, and soon after this liability was ex- tended to grandfather and grandmother.
In Massachusetts this liability was still further extended so that the Massachusetts statute today reads as follows :
Chap. 81, Sec. 10, Revised Laws.
"The kindred of such poor persons, in the line or degree of father or grandfather, mother or grandmother, children or grandchildren, by consanguinity, living in this Commonwealth, and of sufficient ability, shall be bound to support such poor persons in proportion to their respective ability. The mother shall be under the same legal obligation to support her pauper children as the father, but she shall not be liable to criminal prosecution for the enforcement of such obligation."
In general, relatives are too often indifferent to the pauper list among their own kin. It sometimes occurs that a town is obliged to enter suit against near kin who are financially able and legally bound to aid their poor relatives.
We are very glad to report that several families in Town, formerly aided by the Town, have the past year become self- supporting, because of the earning power of their children.
Some of these children (among them girls) are to be highly commended for the part they have performed.
It is the duty of the Overseers to be in such close touch with the conditions of recipients of town aid as to discontinue said aid whenever the conditions warrant.
THE LAW OF SETTLEMENT.
Whenever a person applies to the Overseers of the Poor for Town aid the history of the case is always taken to determine whether the person or persons should be a town, city or state charge. This is determined by the person's place of settle- ment, and so complicated is our settlement law that much time of Overseers or their agent is often necessary in search for facts before deciding whether one city or town or another or the state is legally held for and shall bear the expense of aid rendered. Investigations frequently lead back through several generations before the decision is made.
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The Law of Settlement is as follows :
(R. L. Ch. 80, Sec. I.) "Legal settlements may be acquired in any city or town in the following manner, and not other- wise" :-
"First. A married woman shall follow and have the settle- ment of her husband, if he has any within the Common- wealth; otherwise she shall retain her own at the time of marriage, if she then had any."
"Second. Legitimate children shall follow and have the set- tlement of their father, if he has any within the Common- wealth; otherwise, they shall follow and have the settle- ment of their mother, if she has any."
"Third. Illegitimate children shall have the settlement of their mother at the time of their birth, if she then has any within the Commonwealth."
"Fourth. A person of the age of twenty-one years who has an estate of inheritance or freehold in any place within the Commonwealth, and lives thereon three consecutive years, shall thereby acquire a settlement in such place."
"Fifth. A person of the age of twenty-one years who resides in any place within this Commonwealth for five consecutive years, and within that time pays all State, county, city, or town taxes duly assessed on his poll or estate for any three years within that time, shall thereby acquire a settlement in such place."
"Sixth. A woman at the age of twenty-one years, including a married woman who has no settlement derived by marriage under the provisions of the first clause, and a widow who re- sides in any place within this Commonwealth for five con- secutive years, shall thereby acquire a settlement in such place."
"Seventh. A person who is chosen and actually serves one year or for such period as is included between two succes- sive annual town elections as clerk, treasurer, selectman, overseers of the poor, assessor, constable or collector of taxes in any place shall thereby acquire a settlement therein."
"Eighth. A settled ordained minister of the gospel shall acquire a settlement in the place wherein he is settled as a minister."
"Ninth. A minor who serves an apprenticeship to a lawful trade for four years in any place, and actually sets up such trade therein within one year after the expiration of said term, being then twenty-one years of age, and continues there to carry on the same for five years, other than as a hired journeyman, shall thereby acquire a settlement in such place."
"Tenth. A person who was enlisted and mustered into the military or naval service of the United States, as a part of the quota of a city or town in this commonwealth, under any call of the President of the United States during the war of the rebellion, or who was assigned as a part of the quota thereof after having been enlisted and mustered into said service, and who served for not less than one year, or died or became disabled from wounds or disease received or con-
- e r er of gh
-
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tracted while engaged in such service, or while a prisoner of the enemy, and his wife or widow and minor children, shall be deemed thereby to have acquired a settlement in such place; and any person who would otherwise be entitled to a settlement under this clause, but who was not a part of the quota of any city or town, shall, if he served as a part of the quota of the Commonwealth, be deemed to have ac- quired a settlement in the place where he actually resided at the time of his enlistment. But these provisions shall not apply to any person who was enlisted and received a bounty for such enlistment in more than one place unless the second enlistment was made after an honorable dis- charge from the first term of service, nor to any person who has been proved guilty of wilful desertion, or who left the service otherwise than by reason of disability or an honor- able discharge."
"Eleventh, upon the division of a city or town, every per- son having a legal settlement therein, but being absent at the time of such division, and not having acquired a legal settle- ment elsewhere, shall have his legal settlement in the city or town containing the last dwelling place or home which he had in the city or town so divided; and if a new city or town, composed of a part of one or more other cities or towns, is incorporated, every person legally settled in the places of which such new city or town is so composed, and who actually dwells and has his home within the bounds of such new city or town at the time of its incorporation, and any person duly qualified as provided in the tenth clause of this section, who, at the time of his settlement, dwelt and had his home within such bounds, shall thereby acquire a legal settlement in such new place; but no person residing in that part of a place which upon such division is incor- porated into a new city or town, and who then has no legal settlement therein, shall acquire any by force of such in- corporation only; nor shall such incorporation prevent his acquiring a settlement therein within the time and by the means by which he would have gained it there if no such division had been made."
"Section 2. No person shall acquire a settlement, or be in process of acquiring a settlement, while receiving relief as a pauper, unless, within five years after the time of re- ceiving such relief, he reimburses the cost thereof to the city or town furnishing the same."
"Section 3. No person who actually supports himself and his family shall be deemed to be a pauper by reason of the commitment of his wife, child or other relation to an insane hospital or other institution of charity, reform or correction, by order of a court or magistrate, and of his inability to maintain such wife, child or relation therein."
"Section 4. No person who has begun to acquire a settle- ment by the laws in force at and before the time when this chapter takes effect, in any of the ways in which any period of time is prescribed for a residence, or for the continuance or succession of any other act, shall be prevented or delayed by the provisions hereof; but he shall acquire a settlement by a continuance or succession of the same residence or other
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act, in the same time and manner as if the former laws had continued in force."
"Section 5. Except as hereinafter provided, every legal settlement shall continue until it is defeated or lost by the acquisition of a new one within this Commonwealth; and upon the acquisition of such new settlement all former settle- ments shall be defeated and lost."
"Section 6. Any settlement which was not fully acquired subsequent to the first day of May, in the year eighteen hun- dred and sixty, is hereby defeated and lost, unless such settlement prevented a subsequent acquisition of settlement in the same place; but if a settlement acquired by marriage is so defeated, the former settlement of the wife, if not also so defeated, shall be revived. A person who is absent from the commonwealth for ten consecutive years shall lose his settlement."
BOSTON, LOWELL & LAWRENCE ELECTRIC RAILWAY COMPANY.
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