USA > Massachusetts > Middlesex County > Newton > Town of Newton annual report 1877-1878 > Part 2
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NEWTON FREE LIBRARY.
This institution, at a small annual cost, continues and increases its usefulness, and under the manage-
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MAYOR'S ADDRESS.
ment of its effective trustees, assisted by equally efficient agents, its value is appreciated by our citizens. Its own published annual report renders statistical information here unnecessary.
STREET LIGHTS.
The whole number of lights is now 1047. Of these 687 are supplied by gas, and 360 by naphtha, an increase during the year of 53 lights. The result of better terms for gas has been a reduction from the expenses of 1876 of $620 82, besides the cost of the new lights and their maintenance.
WATER DEPARTMENT.
The Water Commissioners have recently made and printed a very full and interesting report, giving a complete statement of their doings from the com- mencement of their labors, to the first of last Novem- ber, it is therefore unnecessary to repeat the informa- tion contained therein. The auditor reports the total expenditures to November 30, 1877, as $764,093 73. which sum represents the net cost of construction to that date. The work performed by the commission- ers has been thoroughly done, their labors have been arduous, and they have richly earned the gratitude of our citizens. The report closes with the follow- ing words: " Whenever you shall have arranged for
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the charge of the works, we are prepared to resign our positions."
Your early attention should be given to the deci- sion whether the future method of management shall be by a board of water commissioners, or directly by the City Council. The arguments in favor of man- agement by commissioners, have been fully given in the report of the commissioners. There is weight in them, nevertheless my own opinion is in favor of management by the City Council. Two circumstan- ces only, according to my views, make commissions desirable and economical: First, when the work to be performed is of such a nature as to demand peculiar education and knowledge for its efficient performance. Second, when the City Council is overworked, and the services to be performed demand the entire time of a commission paid for its services. This is simply a question of the judicious man- agement of a business of about $10,000 a year. I think the twenty-one gentlemen composing the City Council should be fully equal to the task. Should they, however, think otherwise, and prefer a commis- sion, I do not think such decision would materially affect the interests of the city.
Either commission or committee will need the same actuaries, and in some cases, city engineer for instance, those officials must serve more than one department. This opens the door for disagreements.
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Unpaid commissions are never, in reality, controlled by city councils. They claim and receive all the power and authority that can be made to belong to the office. In this case, it involves extension of mains, breaking up the streets, possibly, at inconve- nient times, and other powers that I think should be retained within the control of the City Council. Commissioners, unless restrained by special ordi- nances, or orders, have by law all the power that vests in the city. Committees, on the contrary, have no power except such as the city directly confers. This is my understanding of the difference between the two. If I am correct in this position, I do not think the City Council will make many rules for the controlment of an unpaid commission, and avoid receiving their resignations.
PUBLIC PROPERTY.
In 1876, there was expended upon the lock-up at Newton Centre, $3,000. Beyond the usual repairs this was the only expenditure for that year. In 1877, additions have been made to the engine houses at the Lower Falls and at Auburndale, at a cost of $4,000. During 1878, a new engine house should be built at the Upper Falls of sufficient size for a hose carriage, a hook and ladder truck, and the accommodation needed for the highway department. The hose
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MAYOR'S ADDRESS.
carriage has already been purchased, and was ready for delivery last July. The steamer house in ward three needs proper sleeping accommodations.
MILITARY.
Our Newton company, the Claflin Guard, contin- ues well to sustain its reputation for discipline and drill; it should continue to receive encouragement and assistance from the city. Such a body, within our limits, subject to eall in case of riot, or disturbance, I consider a safeguard. The company asks that, at a small expense, the city will carry the water into the armory; I hope the request will be granted.
ANNUAL GRANT OR APPROPRIATION.
In February, March or April, by the statutes, the duty is imposed upon the City Council of estimating the wants of the city for a year, and also its estimated receipts for the same period. Upon these estimates the annual tax is predicated.
We ought not arbitrarily and without proper reason, to cut down an appropriation, simply because we would like to have it and the whole grant, less. We are bound by our oaths of office, conscientiously to estimate how much will be needed, and to vote in accordance with that estimate. An estimate below
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the actual wants for the year, can only cheat ourselves, and all deficiencies must be made up later. A settled and certain obligation for one thousand dollars, can- not be paid with eight hundred. I believe much improvement may be effected in the method of gathering information essential to sensible action upon the annual grant, and I suggest the following:
Early in the year let the Auditor gather from the head of each committee and board an estimate in writing, of its wants and of its receipts for the financial year; to these let him add all other estab- lished city expenses and estimated receipts, put the whole, as thus collected, in print, and report it to the City Council. Thus far the Auditor's duty will be simply clerical, and thus will be placed directly before the City Council the estimates of each committee which should have the best knowledge of each subject. These estimates, as thus submitted by the Auditor, should then be referred to a joint special committee, because upon such a committee could be placed a representative from each of the principal agencies of expenditure, who, in case of doubt, could give to the whole committee more detailed or partic- ular information upon the subject. The report of the joint special committee, sustaining the amount asked, or recommending a reduction, as the case may be, would bring the matter before the City Council for final action, with much more complete knowledge
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upon which to vote, than can be had under the present method.
FINANCIAL YEAR.
The financial year of a city, meaning thereby the date to which annual accounts may be brought and then closed, is optional with the city, but the twelve months for which taxes are to be assessed and levied to cover expenditures, must by law be from May 1st to April 30th, and for many reasons it is best that the financial year should close at the same time.
Up to the 14th of May, 1875, there seems to have been no statute regulating the indebtedness of cities and towns; they might vote such amount of taxation as they chose, and run in debt for the rest of the year's expenditures. Chapter 209 of the Acts of 1875, was passed for the express purpose of control- ling and regulating municipal indebtedness; it does so in the following manner: It establishes the limit for the total debt, (exclusive of that for water or subscription to railroad stocks), at " three per centum on the valuation of the taxable property therein;" up to that limit, indebtedness may be incurred, but only in two ways :-
First. We may borrow by temporary loan in anticipation of the taxes of the year in which we borrow, and of the year next ensuing, but if we do
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so borrow, the law says, that such loan must by express vote of the city council be made payable from the said taxes.
Second. Except as stated by the first method, no other debts can be incurred than as follows: By a two-thirds yea and nay vote of all the members of each branch of the city council, cities may borrow money for a period not exceeding ten years.
There is no other legal manner, than these two, in which cities can borrow money, excepting for general sewers, subscription to railroad stocks, or water sup- ply. If borrowed under the first method, the vote or order must expressly make it payable from the taxes; if under the second method, it requires a two-thirds vote.
By this act, it was determined to oversee the assessments for taxation, and the taxes levied by vote of city councils and towns, and to make sure that a certain amount of tax should be levied by the city or town, whether or not the council of cities or the inhabitants of to vns fulfilled the provisions of the law. To accomplish this, it was provided that a new duty should devolve upon assessors, and that duty was to revise the doings of the city or town, and if sufficient tax had not been voted to meet the require- ments of the law, the assessors were ordered to add enough tax to the vote of the city or town to meet those requirements; if they fail to do this, the law
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says they "shall be subject to the penalties provided by law for neglecting to assess taxes."
In the statute this duty reads as follows: " The assessors of cities and towns shall each year assess taxes to an amount not less than the aggregate ci all sums appropriated, granted or lawfully expended by their respective cities or towns since the last preceding annual assessment, and not provided for therein; and of all sums which are required by law to be raised by taxation by the said cities or towns during said year; and of all sums which are neces- sary to satisfy final judgments recovered against the said cities or towns; but such assessments shall not include sums for the payment of which cities or towns have voted to contract debts according to the provisions of the third section of this act," (that is, a loan not exceeding ten years, with a sinking fund, which must be passed by a two-thirds yea and nay vote). There is a provision that the assessors may deduct from this aggregate the estimated receipts from everything except loans or taxes. The law also says, "and such assessments shall be made in the manner provided by law for the assessment of taxes."
The language is, "the assessors" " shall each year assess taxes," "and such assessments shall be made in the manner provided by law for the assessment of taxes." The first important question that arises is,
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MAYOR'S ADDRESS.
"if the assessors shall each year assess taxes," then at what period in each year shall they assess? No argument is necessary to prove that the period is on the first day of May in each year. The fact that May 1st is established by law as the period for the annual valuation and assessment thereon, will not be doubted. Then this chapter 209 virtually says that the assessors shall each year, upon the first day of May, "assess taxes to an amount not less than the aggregate of all sums appropriated, granted, or lawfully expended since the last preceding annual assessment." Again it should need no argument to show that the last preceding annual assessment was on the first day of May, one year previous to the time when the assessors are supposed to be at work. The period embraced must, therefore, be the year between May 1st and May Ist, and the assessors (unless the debt has been voted) must embrace in the assessment of May 1st, 1878, all the expenditures of Newton, made since May 1st, 1877, and up to May 1st, 1878, which were not provided for in the assess- of May 1st, 1877. Our city last year, in its tax levy, provided for expenditures only to December 31st, 1877, consequently all expenditures after that date were not " provided for" in the last annual assess- ment; and upon the first of next May, and up to that date, the assessors must, if they perform their duty,
3
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add the expenditures; or upon complaint, suffer the penalty.
The law farther says, "the restrictions of this Act shall not exempt any city or town from its liability to pay debts contracted for purposes for which cities or towns may lawfully expend money." It also says that the provisions of the act shall be enforced upon the suit of "one or more of the taxable inhabi- tants."
Leaving the legal aspect of this question, it seems to me that greater convenience, and a much better and more economical system will result by closing the financial year on April 30th, and I can see no reason- able obstacle to such change. Our taxes fall due November 1st; all we can collect at that time is needed at once for the payment of temporary loans and current expenses; within six weeks thereafter, by the middle of December, we must borrow again, with nothing of consequence to be received until the first of November following. In other words, our expenditures are always ten months in advance of our receipts, and for ten and a half months in each year we have to carry a floating debt; we then pay, and in less than two months thereafter, begin to contract another floating debt. It is now about two months since our last year's taxes came due, and yet we were obliged, three weeks since, to borrow one hundred thousand dollars, and already need more.
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MAYOR'S ADDRESS.
The change contemplated would require that a sum about equal to the expenditures for January, February, March and April, should be funded for ten years, and that in addition to the yearly interest, there would need to be paid towards a sinking fund, a sum equal to eight per cent of the principal; at the end of ten years the debt would thus be liquidated. As we now manage, year after year, no part of the principal is permanently paid, and we risk paying a rate of interest varying with the state of the money market. All business men will admit that now is a favorable time to place, at a low rate of interest, our undoubted securities.
Should our financial year commence on May 1st, the first money of consequence we should need will be in June, for the payment of May expenditures. Our loans in anticipation of taxes to become due November 1st, will have at the outside but five months to run, and on the average but two and a half months. Is it not, therefore, good business policy to fund enough of our floating debt, to cover our wants from January Ist to May 1st, and there- after commence our yearly expenditures at a date five months nearer to our receipts. I think this the most important matter we have before us, and beg your careful attention to it. If I am correct in my view of the law, and the 1st of May, 1878, arrives without your having voted to contract this permanent debt,
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I feel certain that a tax must be collected at the close of this year, in amount equal to sixteen months of expenditure; even this would be preferable, in my opinion, to a constantly renewed floating debt.
CITY ORDINANCES.
I earnestly recommend an immediate and thorough revision of the city ordinances, and that competent legal assistance should be employed. As they now stand, it is impossible to avoid their frequent violation ; literally obeyed, the business of the City must come to a complete stand at once. In parts they conflict with the statutes; in parts with each other; and the parts of a single ordinance often conflict with other parts of the same ordinance. That I may not seem to speak vaguely, I cite, for your critical examination, an ordinance that conflicts with itself, and probably the most important one of all; number 4, relating to the expenditures of the City. In Section 2d of that ordinance, you will find a provision that certain claims against the city "shall be examined and certified by the Board of Aldermen;" by Section 5, the Mayor is forbidden to draw his order upon the Treasurer for the payment of any claims, except as provided in Sections 5 and 6; these claims, certified by the Board of Aldermen, are not included among those for which the Mayor may draw his order. Again, Section 5
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MAYOR'S ADDRESS.
says that the Mayor may draw his order upon the Treasurer, for the payment of certain claims as stated in Sections 5 and 6, but for no other purpose. Immediately after, in Section 7, the Mayor is given authority to draw his order for yet other purposes; and then to complete the mystification, Section 9 provides that the City Treasurer "shall not pay any money out of the city treasury, except upon orders of the Mayor, drawn as prescribed in the 5th Section." This 9th Section positively prohibits the Treasurer from paying: 1. Claims certified by the Board of Aldermen. 2. Principal or interest due on any note, bond, or other security of the city. 3. Money in advance on contracts made, or for work begun and not completed, when payments are due.
While by the ordinances it is clearly the duty of the Treasurer to decline payment of these debts of the City, the Mayor must elect between Sections 5 and 7 which he will obey, and in either case he must violate the other seetion. A remedy is here impera- tively demanded. In conducting the affairs of a city, the only safety lies in strict obedience to the statutes and city ordinances. The statutes overrule the ordi- nances, and so far as they mark the way, there need be no doubt as to the true course, but if the ordinances conflict with the statutes or within themselves, there can be no escape from their violation. During the past year, not only the ordinances have been necessa-
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rily and constantly violated, but in many cases the statutes also. In this city the same individual cannot legally hold the two positions of member of the city council and of the school committee, (excepting he is president of the common council); nor can the mayor be also a commissioner of sinking funds; nor can the overseers of the poor choose either one or two city physicians; nor elect a salaried agent or almoner. It is not sufficient excuse to say that there was no intentional wrong, and that no injury has resulted; the only safety lies in holding all to strict accountability in observing laws, orders, or ordinances, but these should be so framed as to make it possible to obey them.
CITY GOVERNMENTS.
Massachusetts is peculiar in the brevity of its terms of office for officials of all kinds. I believe our City would be better served by electing mayor, aldermen and councilmen for longer terms, two years at least, and allowing but a part to retire each year; and I think other officials holding important positions should not so often be subjected to a new election or appointment, and by it be made to feel that their tenure of position is more or less precarious; they should always, however, be subject to removal for cause. It rarely happens that the first year's services
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of a member of the City Council is of much value; to render it so, much and careful study of his duty is essential. One year is not sufficiently long to secure to the City the advantages gained by experience.
City governments have for years been drifting away from the original method of conducting their affairs. This has partly resulted from the statutes, which have confused the duties of the legislative and executive departments, but more from the doings of such bodies themselves, through the establishment of joint standing committees of the two branches; which committees have gradually added executive duties to those that were purely legislative, until the board of aldermen, which is by law the executive body, and is responsible for the proper or improper performance of executive duties, is outnumbered on standing com- mittees, and liable to be outvoted on executive matters by members of the branch which has but few executive duties, and none that are not expressly laid down in the statutes.
Parliamentary law says that each branch of gov- ernment should exercise its functions uninfluenced and untrammeled by the interference of any other branch, and should resent any such interference, the object being that the City and its citizens may, upon each and every question of legislation, have the unbiassed and careful judgment of two distinct bodies,
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which opinion should be formed by each for itself, from information derived through its own committees or agents ; the two bodies agreeing, an ordinance or order acceptable to both is passed, and the execution thereof becomes the duty of the executive depart- ment.
The common council and board of aldermen, in a legislative capacity, represent the citizens of the town assembled in town meeting, vote the supplies and make such rules for city government as they deem proper. The board of aldermen and mayor, in their executive capacity, represent the selectmen of towns, and obey, first, the regulations for their government provided by the statutes, next, those passed by the city council. Throughout the statutes the duties of mayor and aldermen must be gathered from the cor- responding duties of selectmen as laid down for towns.
Each branch should confine itself to its own duties, and carefully refrain from influencing or interfering with the duties of the other. The common council, legislative in its functions, with a voice in some execu- tive duties which are clearly stated by law; the board of aldermen, with legislative functions equal with those of the common council, and all executive functions, whether expressly stated in the statutes or not. The mayor, with executive functions only, confining himself to the rules established by the legislative
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department, and never interfering with legislation, excepting in the two methods provided by law; the one by written communications recommending legis- lation, the other remonstrating by veto against legislation.
PERSONAL.
About a year since, previous to my election as alderman, I did not seek or desire official position; citizens of the ward in which I reside desired the use of my name, and asked it. Having leisure and some experience in municipal affairs, I did not feel at liberty to refuse, and believed I could be useful to the City. As alderman I found irregularities of all kinds, ex- cepting dishonest ones. Ordinances faulty in the extreme were in force ; parliamentary proceedings of so loose a character as to be scarcely credible ; receipts of departments credited to those departments, thus increasing appropriations improperly and ille- gally. Such irregularities and others, and my know- ledge that they were irregularities, necessarily forced me to attempt a remedy. I shall only add that it resulted in my being in opposition all the year, and but little improvement was effected, although the officials generally knew that these things were wrong and wished them righted.
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MAYOR'S ADDRESS.
Previous to my election I did not, nor do I now, consider the position of a city official as desirable. The most faithful and hard-working officials in the last year, received the harshest criticism and the least thanks. Such returns for faithful service must result in declination from our best citizens to hold such positions, and if it is hoped to elevate the standard of candidates, should be frowned down. I think these political contests over individual candidates occur too often. I believe that the decision of important questions is too often influenced by the question of re-election, and the desire for promotion. Elsewhere I have given other reasons favoring biennial elections, and hope that the necessary steps towards that result may be taken. At the close of the present year I shall not be a candidate for re-election.
Generally, the departments will need about the same appropriation as was expended last year ; the Highway department will require $20,000 less than last year, provided the City Council shall order no new expen- diture by that department. I have recommended the employment of a Health officer, and two additional Policemen, and that one City Physician should be employed instead of two; these changes would involve an additional expenditure for these purposes, over last year, of about ($3.000,) three thousand dollars. On the whole it looks as if the expenses of last year
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MAYOR'S ADDRESS.
may be reduced somewhat during the coming year, and until our citizens call for improvement.
Our city is composed of several villages, each having its distinct wants; except such wants are justly and fairly considered and acted upon, jealousy and retaliation must result. To refuse to vote for an engine house in another ward, where the houseless machine, already purchased, is much needed, and to offer an order for a drinking fountain in one's own ward, is not doing as we would be done by. Newton must grow and prosper as a whole, or not at all, and in order that it may do so, local partialities should give way to general good.
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