USA > Massachusetts > Essex County > Hamilton > Town of Hamilton Annual Report 1952 > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11
SECTION 3. The report of a committee shall be deemed properly before a meeting if a request for its acceptance is included in an article of the warrant and a copy is published in the Annual Report or is filed with the Town Clerk fifteen days prior to the meeting. A vote to accept a final report shall discharge the committee but shall not be equivalent to a vote to carry out its recommendations. A vote on recommendations included in a committee report shall only be an order under an article to that effect in the warrant. A vote to accept a report of progress shall con- tinue the committee under its original authority unless otherwise specified.
SECTION 4. If an article of the warrant has once been acted upon and disposed of, it shall not be again considered at that meeting except by a two-thirds vote.
SECTION 5. No money shall be appropriated from the Excess and Deficiency Fund at a Special Town Meeting except by a two-thirds vote of the voters present and voting.
21
SECTION 6. Only registered voters of the Town shall be admitted to and entitled to vote at any annual or special meeting provided that upon prior request the Moderator may admit to the meeting persons who are not registered voters and in his discretion may permit them to speak on a sub- ject. Any person so permitted to speak at a meeting shall announce his full name and address to the meeting.
SECTION 7. Motions at town meetings shall be made orally but the Moderator may require any motion also to be submitted in writing. Unless otherwise directed thereby, the Moderator shall appoint all committees created by vote of the Town.
SECTION 8. The conduct of all town meetings not prescribed by law or by the foregoing rules, shall be determined by the rules of practice con- tained in Cushing's Manual, so far as they are adapted to town meetings.
CHAPTER III SELECTMEN
SECTION 1. Except as otherwise provided by law and by these By-Laws, the Selectmen shall have and may exercise all the powers of the Town and shall have general direction and management of its property and affairs. Unless otherwise provided by law the Selectmen shall have power to acquire and dispose of personal property for the Town.
SECTION 2. The selectmen shall determine that all elected boards and appointed committees are organized within a reasonable time and that notification thereof to the Town Clerk has been given. Copies of all con- tracts and other committments of the funds of the Town shall be filed with the Selectmen except contracts required by law to be filed with the Town accountant under Massachusetts General Laws Chapter 41. Section 57. All Town vehicles, and such other town property as the Selectmen desig- nate. shall be marked with the words "Town of Hamilton."
SECTION 3. The Selectmen are authorized and empowered to sell, and execute and deliver a deed or deeds therefor, from time to time as occasion therefor may arise, lands of low value, after first giving notice of the time and place of such sale by posting such notice of sale in some con- venient place in the Town fourteen (14) days at least before the sale. pro- perty taken by the Town under tax title procedure as provided for under Chapter 60 of the General Laws and amendments thereto. The Selectmen or whom they may authorize to hold such public auction may reject any and all such bids which they deem inadequate.
CHAPTER IV
COLLECTION OF TAXES
The collector of taxes shall collect, under the title of Town Collector, all accounts due the Town including the collection of water accounts, ex- cepting interest on investments or sinking or trust funds. If it shall seem advisable to the Town Collector that suit or suits should be instituted and prosecuted in the name of the Town, in connection with the collection of any of said accounts due to the Town, he shall so advise the Selectmen, who shall have authority as agents of the Town to institute and prosecute the same.
22
CHAPTER V
FINANCE COMMITTEE
A finance committee consisting of five members shall be appointed by the Moderator with reasonable promptness after the final adjournment of the Annual Town Meeting, to serve until the final adjournment of the next annual meeting and until their successors have been appointed. Vacancies shall be filled by the Moderator. No member of the finance committee shall be an officer of or a member of any board of the Town or any committee considering an appropriation or expenditure of money. When the warrant for a town meeting contains any article or articles under which an appro- priation or expenditure of money, or the disposition of any property of the Town, may be made, the finance committee shall consider said articles after giving one or more public hearings thereon and shall report in writing its recommendations to the said town meeting. The failure. for any reason. of the committee to make such report shall not affect the legality of any ac- tion taken at any meeting.
CHAPTER VI
LEGAL AFFAIRS
SECTION 1. The Board of Selectmen shall have authority to prose- cute, defend and compromise all litigation to which the Town is a party, and to employ special counsel to assist the Town Counsel whenever in their judgment necessity therefor arises.
Th town counsel shall draft all bonds, deeds, leases, obligations, con- veyances, and other legal instruments, and do every professional act which may be required of him. by vote of the Town or any board of Town officers. Also, when required by said boards or any committee of the Town. he shall furnish a written opinion on any question that may be submitted to him, and he shall at all times furnish legal advice to any officer of the Town who may require his opinion upon any subject concerning the duties in- cumbent upon such officer by virtue of his office.
He shall prosecute all suits ordered to be brought by the Town or Board of Selectmen. and shall appear at any court in the Commonwealth in defense of all actions or suits brought against the Town or its officers in their official capacity, and shall try and argue any and all causes in which the Town shall be a party. before any tribunal, whether in law or equity. in the Commonwealth, or before any board of referees or commission, and shall appear at any and all hearings on behalf of the Town whenever his services may be required.
SECTION 2. The Selectmen shall consider all claims made against the Town and may authorize the payment of any amount not exceeding five hundred (500) dollars in settlement of any such claim, and to effect such settlement, the Selectmen may authorize the necessary payment from the Town Treasury of any funds not otherwise appropriated.
SECTION 3. The Board of Selectmen shall annually appoint an attorney-at-law to act as town counsel, who shall be paid such salary as the Town votes.
23
CHAPTER VII
TOWN CONTRACTS
SECTION 1. No officer or board of the Town shall make any contract on behalf of the Town in which such officer or any member of such board is directly or indirectly financially interested, except in competitive con- tracts.
SECTION 2. No town officer or board of Town officers having the power or authority to appoint any Town officer or agent shall appoint him- self of any member of such board to any salaried office or position; but this shall not prevent any Town officer from being chairman or clerk of the board of which he may be a member.
CHAPTER VIII
ACCEPTANCE OF STREETS
No new street shall be accepted by the town until it has first been approved by the Planning Board under Chapter 41 of the General Laws of the Commonwealth, and in no event shall any street be accepted except upon compliance with Section 23 of Chapter 82 of the General Laws of the Commonwealth and such other laws as may be applicable to the acceptance of streets. No new street shall be accepted by the town unless adequate drainage shall have been provided. all the turf and loam shall have been removed and replaced with gravel to finish grade for the entire length and to a width of not less than 35 feet or such other width as may be approved by the Planning Board, and all trees and stumps shall have been removed from the entire length and width within the area to be graveled except in cases where in the judgment of the Planning Board certain trees suitable for shade and landscaping would be allowed to remain. As a condition precedent to the acceptance of any street by the town an engineer's survey shall be made by the petitioners and a copy shall be filed with the Select- men, accompanied by a petition by the owners of the land over which the proposed street is to be laid out. Such petition shall be accompanied by easements from such owners to the town for all purposes for which ways may be used and satisfactory releases to the town for any and all liabilities for damage on the part of the town resulting or growing out of the pur- chasing, acquiring or taking of land for such layout.
CHAPTER IX
WAYS
SECTION 1. No person except officers of the Town in the lawful performance of their duties and those acting under their orders. shall ob- struct any sidewalk or street or any part thereof, or break or dig the ground of the same, without first obtaining written license from the Select- mnen therefor.
SECTION 2. No person shall throw, place or cause to be thrown or placed upon any street or sidewalk of the Town any dirt, ashes, stones or other object or obstruction or any rubbish or other noxious matter, except that garbage cans or other containers may be placed upon the sidewalk so
24
as to obstruct the same for not more than one (1) hour or for not more than ten (10) minutes after being notified by a police officer or the Selectmen to move it.
SECTION 3. No person shall ride a bicycle or a horse on the side- walk. No person shall coast on or across any sidewalk or street except as may be designated by the Selectmen.
SECTION 4. The Surveyor of Highways shall be entitled to remove or cause to be removed to a convenient public garage any vehicle interfering with removing or ploughing snow, and the cost of such removal and stor- age charges, if any, resulting therefrom shall be paid by the owner of the vehicle.
SECTION 5. Any person desiring to erect or repair or take down any building on land abutting any street or way which the Town is required to keep in repair, and who desire to make use of any portion of a sidewalk or street for the purpose, shall petition the Selectmen for authority. As a condition to granting such petition, Selectmen may require petitioner to execute a satisfactory written agreement to indemnify and save harmless the Town against and from all damages by reason of cost or expense on ac- count of the existence of any obstruction or excavation and make such rea -- sonable regulation with respect to guards and the like as the Selectmen may determine. If any obstruction or excavation is more than a tempor- ary condition, the person petitioning shall place a good temporary walk around the obstruction or excavation, and at the completion of the work, shall restore the street or sidewalk to its former condition as determined by the Surveyor of Highways.
SECTION 6. No way which is open for public use but has not become a public way shall be given a name unless the name is first approved by the Board of Selectmen.
CHAPTER X
POLICE REGULATIONS
SECTION 1. No person shall distribute or display any posters, hand- bills, placards, pamphlets or other advertising matter or operate any sound truck or other noisy device or make any solicitation for the sale of goods in any public street or way or place of the Town or in any public building without first obtaining a permit therefor from the Selectmen.
SECTION 2. No billboard, sign or other advertising device except signs affixed to stores, signs offering land for sale or rent and signs of professional establishments, and no roadside stands except for the sale of products made or raised by the vendor, shall be erected or maintained on public or private property within view of a public way without obtaining a permit therefor from the Selectmen.
SECTION 3. No person shall be a collector of or a dealer in junk, old metals or second-hand articles, or a keeper of a shop for the purchase, sale or barter of junk, old metals or second-hand articles unless licensed therefor by the Selectmen.
SECTION 4. The Selectmen may issue appropriate regulations in accordance with law for the operation of taxi cabs and other vehicles for
25
hire and for stands therefor within the Town. No person shall operate taxi cabs or other vehicles for hire or establish a stand therefor in violation of such regulation.
SECTION 5. No person shall fire or discharge any gun, fowling piece, pistol or other firearm within any street, public way, alley or square in the Town except with the written permission of the Selectmen, provided that this Section shall not apply to any firing in accordance with the law.
SECTION 6. No person shall loaf or loiter upon any public way or in any alley or square or on any property of the Town after having been requested by a police officer to move. Three or more persons shall not stand together or near each other in any such public place or in any private area left open between the curbing and a building facing thereon so as to ob- struct free passage for pedestrians, and any person so standing shall move on at the request of the police officer.
CHAPTER XI
STREET NUMBERING
SECTION 1. All principal buildings in the Town shall be numbered as provided in the following regulations :
SECTION 2. The numbering shall correspond with the numbering on the street (or one of the streets, if more than one) on which the lot with the building thereon abuts.
SECTION 3. The numbering shall begin at the end of the street as may be determined by the Board of Selectmen.
SECTION 4. On all streets the numbers shall run in consecutive order alternating from one side to the other, the odd numbers being on the right-hand side of the street, the street running in the direction of increas- ing numbers.
SECTION 5. Each 40 feet of street frontage in residential type dis- tricts, each 10 feet of frontage in business type districts, and each 20 feet of frontage in camp type districts shall be given a number, which shall be the number belonging to the buildings included in or embracing the front- age.
SECTION 6. All measurements of frontage shall be made on the center line of the street ; no allowances are to be made for entering or inter- secting streets parks, cemeteries or other areas.
SECTION 7. Where two or more residences or establishments have their principal entrances within the same 40 foot frontage, the number shall be determined by the Board of Selectmen.
SECTION 8. In the case of incompleted streets, numbers shall be assigned to the buildings until such time as the completion of the street will permit the assignment of permanent numbers conforming to these regulations.
SECTION 9. All principal buildings or establishments now existing or hereafter erected to which a number has been assigned shall have the number conspicuously placed in such manner that it will be visible from the street, using figures at least three inches in height.
Whenever the building stands back more than seventy-five (75) feet
26
from the street line, the number shall be conspicuously placed at or near the street upon a post. or in some appropriate manner and location so as to be easily legible from the street.
SECTION 10. It shall be unlawful for any person to remove, alter or deface any number assigned and displayed as aforesaid. or to retain an improper number, or to substitute and display any number other than the one designated by virtue of these regulations.
CHAPTER XII
PENALTIES FOR VIOLATION
Violations of these By-Laws shall be prosecuted by the Chief of Police of the Town on his own initiative or on the order of the Selectmen. Any person who shall violate any of the provisions of these By-Laws shall be subject to fine for each offense in such sum as may be authorized by law.
Moderator: "We shall now take up Chapter VIII, which was 'Passed' for further debate."
Mr. Orville Burr: I move that this chapter be stricken out."
Vote on Mr. Burr's Motion.
Voice Vote. Motion defeated.
Moved by Mr. Standish Bradford and duly seconded : "That the By- Laws of the Town as heretofore adopted and amended be amended by strik- ing out all said By-Laws and inserting in place thereof those printed in the Town Report, to be effective forthwith upon approval of the Attorney General of the Commonwealth with such deletion as he shall deem neces- sary."
Voice Vote : Motion unanimously carried.
Moderator : "The new By-Laws are adopted."
Article 21. "To see if the Town will vote to authorize the Town Treasurer. with approval of the Selectmen, to borrow money from time to time, in anticipation of revenue of the financial year beginning January 1, 1953, and to issue a note or notes therefor payable within one year, and to renew any note or notes as may be given for a shorter period than one year, in accordance with Section 17, Chapter 44, General Laws and Amend- ments thereto."
Moved by Mr. Lawrence Lamson and duly seconded : "That the Town authorize the Town Treasurer, with the approval of the Selectmen. to bor- row money from time to time in anticipation of revenue of the financial year beginning January 1. 1953. and to issue a note or notes therefor payable within one year and to renew any note or notes as may be given for a shorter period than one year in accordance with Section 17, Chapter 44 of the Gen- eral Laws and Amendments thereto."
Voice Vote: Motion unanimously carried.
27
Article 22. "To see if the Town will authorize the Collector to use all means of collecting taxes which a Town Treasurer, when appointed Col- lector, may use agreeable to Chapter 41, Section 37, General Laws and Amendments thereto."
Moved by Mr. John H. Perkins and duly seconded : "That the Town authorize the town Collector to use all means of collecting taxes which a Town Treasurer, when appointed Collector, may use agreeable to Chapter 41. Section 37 of the General Laws and Amendments thereto."
Voice Vote : Motion unanimously carried.
Article 23. "To act on any other matter that may legally come before said meeting."
There being no further business, it was voted to adjourn at 8:35 p.m. until 5:45 a.m., Tuesday, March 11, 1952, when the balloting under Article 1 shall take place.
I hereby certify that the by-laws adopted by the Town of Hamilton under Article 20 of the warrant for the Annual Town Meeting held March 3, 1952 were approved by Francis E. Kelley, Attorney General for Massa- chusetts. October 9, 1952 as adopted. and that said by-laws were published in accordance with the provisions of Chapter 40, Section 32. of the Gen- eral Laws in the Hamilton and Wenham Chronicle on October 17. 24. 31. 1952.
FRANCIS H. WHIPPLE,
Town Clerk.
Vote on Article 1. March 11, 1952.
Polls were opened at 5:45 A.M. by the Moderator, Oliver Wolcott. There were 1041 votes cast under Article 1.
Men 525 Voted in Person 1027
Women 516 AAbsentee Votes 14
1041
1041
MODERATOR-for one year
Wolcott, Oliver 830 Blanks 211
TOWN CLERK-for one year
Whipple. Francis H. 908 Blanks 133
SELECTMEN-three for one year
De Witt, Edward A.
534 Sargeant. Irene C. 144
Dodge. Benjamin A.
305
Stone, Lawrence R. 601
Haley, Everett F.
539
Blanks
544
Knight. Arthur M.
456
28
TREASURER-for one year
Sellman, Walfred B. 869 Blanks 172
TAX COLLECTOR-for one year
Crowell Bertha L. 929 Blanks 112
ASSESSOR-for three years
Adams. Elmo O. 625 Dodge. Charles H. 75
Bennett. Arthur L. 296 Blanks 45
HIGHWAY SURVEYOR-for one year
Caverly, Luther M.
206 Sargeant. Geoffrey C. 94
Pierce. Lewis K.
225 Thompson. Gordon L. 1
Poole, Charles F.
495 Blanks 20
TREE WARDEN-for one year
Haraden. Rudolph H. 868 Blanks 173
SCHOOL COMMITTEE-one for three years
Liscomb, Edmund John 348 MacCurrah. Allan 619
Blanks 74
TRUSTEE PUBLIC LIBRARY-for three years Neary, John F. 841 Blanks 200
WATER COMMISSIONER-for three years
Goodhue, Frederick P. 573 Blanks 62
Lundgren, W. Whitney 406
CEMETERY COMMISSIONER-for three years
Walke, John T. 863 Blanks 178
PARK COMMISSIONER-for three years
Hopkins. Philip 842 Blanks 199
PLANNING BOARD-one for five years
Moynihan, Francis C. 819 Blanks 222
The polls were closed at 8:00 P.M. and the Moderator announced the results of the voting and declared the meeting adjourned at 8:38 P.M.
Attest : FRANCIS H. WHIPPLE. Town Clerk.
29
REPORT OF PRESIDENTIAL PRIMARY Held April 29, 1952
TELLERS AND ELECTION OFFICERS
Republican
Lawrence R. Stone
Edward A. DeWitt
Everett F. Haley
Hazel M. C. Bray
Democratic Jessie W. B. Cunningham Mary T. Greeley Lawrence Lamson Thomas A. Sargent, Jr. Alice N. Lovering
Town Clerk Francis H. Whipple
Police Edward Frederick
The warrant was read and polls declared open at one o'clock P.M. by Lawrence R. Stone, Chairman of the Board of Selectmen.
A total of 609 votes were cast, Republican 586, Democratic 23, as follows :
Republican Vote
Delegates At Large (10) and Al- John A. Volpe 319
ternate Delegates At Large (10) to
National Convention
DELEGATES
Leverett Saltonstall 447
Henry Cabot Lodge, Jr. 456
Joseph William Martin, Jr. 368
Sinclair Weeks 367
Katherine G. Howard 342
Daniel Tyler, Jr.
341
Robert F. Bradford
389
Richard I. Furbush
338
Charles Gibbons
320
Clarence A. Barnes 332
Blanks 2160
ALTERNATE DELEGATES
Carroll L. Meins
326
Maxwell M. Rabb 318
Basil Brewer 310
Julia B. Kirlin 320
Esther W. Wheeler 318
Louis Van N. Washburn 325
Robert C. Cochrane, Jr. 317
Jean L. Olmsted 314
George W. Schryver 307
Blanks 2686
District Delegates (?) and Altern- ate District Delegates (2) to Na- tional Convention (6th District)
DELEGATES (Group 1)
Charles F. Sprague 127
Herbert S. Tuckerman 163
Blanks
188
ALTERNATE DELEGATES
Ann Sheafe Cole 142
Joseph J. Durso 104
Blanks 224
30
DELEGATES (Group 2)
Christopher H. Phillips
298
Frank S. Giles, Jr. 255
Blanks 141
ALTERNATE DELEGATES
Augustus G. Means
292
Charlotte F. Roads 242
Blanks 168
STATE COMMITTEE (MAN)
(Third Essex District)
William G. Reed
331
Blanks 255
STATE COMMITTEE (WOMAN)
(Third Essex District)
Ann Sheafe Cole
355
Grace A. Smith 71
Blanks 160
TOWN COMMITTEE (35)
Everett F. Haley
458
Lawrence R. Stone
459
Edward A. DeWitt 431
Nellie E. Woodman 397
Philip A. Graham 446
Irene C. Sargeant 391
Robert H. Chittick 437
Francis C. Moynihan 405
Standish Bradford 443
Francis P. Sears, Jr. 410
Richard Preston 441
Harriett F. Adams 392
Ralston F. Pickering 395
Oliver Wolcott 441
Richard W. Johnson
395
Gordon L. Thompson
1
James G. Callahan 1
John C. Garland 1
Francis H. Whipple
1
Blanks 14,165
PRESIDENTIAL PREFERENCE
Eisenhower 399
Kefauver
1
McArthur
4
Stassen 3
Taft 116
Warren 14
Blanks 49
Democratic Vote
Delegates At Large (16) and Al-
ternate Delegates At Large (16) to
National Convention
ALTERNATE DELEGATES
Edward A. Pecce 13
DELEGATES
Paul A. Dever
15
John W. McCormack 13
Maurice J. Tobin 18
John B. Hynes 16
Edward F. Doolan 13
Salvatore Camelio 12
Paul T. Smith 13
Charles Collatos 12
James M. Curley
15
Elizabeth A. Stanton 13
Margaret M. O'Riordan 15
Louis H. Glaser 13
Thomas P. O'Neill. Jr. 15
Helen J. Fay 13
Silas F. Taylor 13
John E. Powers
13
Francis H. Murray, Jr. 13
Daniel B. Brunton
15
Thomas F. Graham 13
Mary De Pasquale Murray 14
Charles I. Taylor
John W. Coddaire, Jr. 14
Blanks 130
J. Henry Goguen 13 Peter J. Levanti 13
James Leo O'Connor
14
Stanislaus G. Wondolowski 13
William J. Foley 16
Henry Brides 13
J. William Belanger 13
John C. Carr 16
Edith T. Wilcox 13
14 Blanks 161
31
District Delegate (4) and Alternate District Delegates (4) to National Convention (6th District)
DELEGATES
Michael F. McGrath
16
Colin J. Cameron 13
Charles V. Hogan
13
William J. Maguire 13
Blanks 37
ALTERNATE DELEGATES
Donald J. Ross
12
Wanda Walczak 15
Rose R. Shinberg
12
Frank N. Synewski
13
Blanks 40
STATE COMMITTEE (WOMAN)
(Third Essex District)
Mona R. Jones 13
Blanks 10
TOWN COMMITTEE (10)
Stephen J. D'Arcy 2
Lawrence Lamson
2
Thomas A. Sargent, Jr. 2
Jessie W. B. Cunningham 2
Josephine L. Begg 2
Soteros Apostolakos
2
Bernard A. Cullen
2
Samuel D. Malone
2
John Walsh 2
Peter Burns (not registered
Democrat) 2
Blanks 210
PRESIDENTIAL PREFERENCE
Douglas
1
Eisenhower 2
Harriman 1
Kefauver
Stevenson 1
James P. Boyle
11
Taft
1
John J. Keenan
3
Truman 2
Blanks
9 Blanks
8
STATE COMMITTEE (MAN)
(Third Essex District)
The polls were closed by Lawrence R. Stone, Chairman of the Board of Selectmen, at 8 P.M., and the results of the balloting announced at 12:35 A.M., April 30, 1952.
FRANCIS H. WHIPPLE. Town Clerk.
32
REPORT OF STATE PRIMARY Held September 16, 1952
TELLERS AND ELECTION OFFICERS
Republican
Lawrence R. Stone
Edward A. DeWitt
Everett F. Haley Roger S. Merry
Democratic Lawrence Lamson Mary T. Greeley Jessie W. B. Cunningham Thomas A. Sargent, Jr.
Harold G. Dodd
Town Clerk Francis H. Whipple
Police Edward Frederick
The warrant was read and polls declared open at one o'clock P.M. by Lawrence R. Stone, Chairman of the Board of Selectmen.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.