USA > Massachusetts > Middlesex County > Newton > Town of Newton annual report 1878-1879 > 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 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20
3,212.00
Total expended under orders of County Commissioners, $86,817.00
ORDERED BY TOWN VOTES.
LAID OUT.
Lake Avenue, width 40 feet, length 3,000 feet, $6,546.00
Lyman Street, width 40 feet, length 600 feet, . . 500.00
Newtonville Avenue, width 40 feet, length 2,500 feet, 437.00
Walnut St. Extension, width 50 feet, length 2,500 feet, 4,271.00
WIDENED.
Cypress Street, to 50 feet, length 3,000 feet, 1,509.00
Fuller Street, 33 to 50 feet, length 4,500 feet, . 9,440.00 .
Station Street, to 50 feet, length 3,100 feet, . 1,700.00
Sumner Street, to 50 feet, length 400 feet, . 500.00
Total expended by City under votes of Town, 24,903.00
An aggregate cost to the City of
$111,720.00
Some of this expenditure was doubtless wise and judicious, but very much of it was not only unneces- sary, but detrimental. A road which is seldom used
22
MAYOR'S ADDRESS.
for business purposes, does not need to be so very wide, so very straight, and so very uninteresting.
So long ago as the years 1869 and 1870, and it may have been longer, I believe it to have been the unanimous opinion of the Selectmen, that true econ- omy demanded that the roadbeds should, even at a heavy first cost, be put in good condition; such con- dition as must in the future greatly lessen the annual cost of keeping them in that condition. As rapidly as was practicable this policy was acted upon. Of
course the improvement has been gradual, but, in my belief, the present small annual cost of repairs, and it is small in comparison with the past, and considering the added length and improved condition, is made possible solely through the policy of commencing with thorough work.
To keep in order 140 miles of road, and as the law commands "make them passable and convenient for travellers at all seasons of the year," must cost con- siderable money.
HEALTH.
Again, I urge upon the City of Newton, greater attention to this important subject. I have not, however, the courage to repeat arguments now grown stale from long neglect. I fear the awakening will not come until the penalty of neglect shall have been suffered.
23
MAYOR'S ADDRESS.
During the past year we have paid the sum of $2,000, for expenses incurred by the Commissioners on Sewerage. Surveys have been made under their direction, and I presume a complete system has been decided upon, but the subject now lies dormant. I presume its absolute necessity, and at no distant day, will be admitted by all thoughtful citizens, if so, would it not be good business policy to proceed with it soon, while laborers need work and money con- tinues plentiful and cheap. This expenditure seems to me unavoidable.
1
POLICE.
During the year one permanent officer has been added to the force, so that the head station at City Hall is never without an officer on duty by night and day. The year has proven a quiet one, and the duties of this department have been performed with great efficiency.
FIRE DEPARTMENT.
A new engine house, with accommodations for the uses of the highway department, has been built during the year, at the Upper Falls, at a cost of about $6,000.
I renew the recommendation that the appointment of the engineers and permanent men of this depart- ment shall be placed upon the same footing with that 4
24
MAYOR'S ADDRESS.
of the police, the term of office to be " during the pleas- ure of, and until removed by the Mayor and Alder- men." This change would benefit the City by giving greater permanence to the positions, with no addi- tional cost; it would make the positions themselves more desirable, because they could only be disturbed for cause. As it now stands, the caprice of one man by refusing a nomination, may throw any of these incumbents out of their situations, while under the change proposed, the Mayor and Aldermen together, will have all necessary power to remove for cause.
The department is in most excellent working order, the men generally take great interest and pride in the associations with which they are sever- ally connected. The promptitude in attendance at fires has been very commendable.
OVERSEERS OF THE POOR.
The net cost for the maintenance of the Almshouse and for the Poor out of the Almshouse, in 1877, were $12,296.21
In 1878 they were . 8,853.50
Reduction, $3,442.71
This reduction is largely due to the fact that we collect much more than formerly of the amounts we are entitled to recover from the State, and from other cities and towns. Also the income from the alms- house and its farm has increased.
25
MAYOR'S ADDRESS.
Early in the year 1878, there arose a pressing demand for work, from deserving citizens who had never asked alms from the city, but were then in imminent danger of being forced to do so. This emergency was met and the manufacture of paupers avoided, by doing certain work upon the highways, which was not intended to have been done at present, but which could not have been postponed much longer. This demand for work did not continue; later in the season employment seemed more plenty, and I think the signs indicate that the expenses in this department will be lessened in the future.
ASSESSORS' DEPARTMENT.
The total valuation of our city upon May 1, 1877, was as follows:
Real Estate,
$20,007,025.00
Personal Estate,
6,627,488.00
Corporate Stocks,
1,007,000.00
Bank Stocks,
862,000.00
Total valuation, . $28,503,513.00
The total assessments were $394,111.95; and the rate of taxation was $13.60 on $1,000.
The total valuation of our city as of May 1, 1878, was as follows:
Real Estate,
$18,604,105.00
Personal Estate,
6,408,825.00
Corporate Stocks,
1,150,000.00
Bank Stocks,
850,000.00
Total valuation, .
$27,012,930.00
26
MAYOR'S ADDRESS.
The total assessments were $378;057.64; and the rate of taxation was $13.80 on $1,000.
The reduction of valuation below the previous year was $1,490,583.00. This reduction increased the rate of taxation from $13.60 upon $1,000, to $13.80 upon $1,000, although the tax levy itself was $16,054.31 less in 1878 than in 1877. The true test is,-how much money are the citizens called upon to pay? In 1878 they were called upon for $16,054.31 less than in 1877, and in addition, after meeting all expenditures, the net indebtedness has been reduced $19,109,39, - a total net gain to the citizens of $35,163.70.
The really important question connected with the rate of taxation is, suppose the amount assessed had precisely met the net cost for the year, what would have been the rate of taxation? The reply to this query would change the rates of taxation per $1000, as follows:
ACTUAL.
Year to February 1, 1871, advance from $12.20 to $14.79
66 66
1,1872,
66
11.20 “ 13.16
66 1, 1873, ..
66
13.50 66 15.62
11 months to Dec. 31, 1873,
6.
66
14.50
15.09
Year to December 31, 1874,
66
66
13.00 6. 14.20
66 66 66 31, 1875, 66
66
13.50 " 15.08
66 31, 1876, reduce
66
13.60 66 12.82
66 66 66 31, 1877,
66
66
13.60
12.63
66 31, 1878, 66
66
13.80 “ 12.32
Until the year 1876, the Town and City, in each of the years named, failed to assess a sufficient
27
MAYOR'S ADDRESS.
amount to meet expenditures, and consequently in each year increased its indebtedness. After the pas- sage of Chapter 209 of the Acts of 1875, "for the purpose of regulating municipal indebtedness," this practice was not only necessarily discontinued, but in addition, that law provides that sinking funds shall be established to the end that indebtedness may be gradually, but certainly, liquidated.
As the valuation affects the rate of taxation, it should be understood that the total valuation of May 1, 1878, was less than that of May 1, 1873, by the sum of $1,189,672.00, and less than the valuation of May 1, 1875, which was the highest valuation reached, by $4,131,968.00.
Experience has taught that the increased valuation of the assessors, over that of May 1, 1873, was falla- cious, which opens another significant question. What would have been the rates of taxation if the present valuation had been the same during those years, and a sufficient amount assessed to meet the net cost of each year? The answer is as follows:
11 months to Dec. 31, 1873, advance from $14.50 to $15.76
Year to December 31, 1874,
66 66 13.00 “ 16.00
66 66 66 31,1875, 6. 13.50 " 17.39
66 66 60 31, 1876,
66 66 13.60 " 14.47 66 66 66 31, 1877, reduce 60 13.60 “ 13.32 66 66 66 31, 1878,
13.80 “ 12.32
It is evident to me that this last estimate of what would have been the proper rate of taxation to have
28
MAYOR'S ADDRESS.
met the expenditures, is precisely just, and that the present higher rate per thousand, is simply because of the lower valuation, and because the law now requires that provision shall be made by taxation for the liquidation of indebtedness, in lieu of evading taxation and annually increasing indebtedness.
Again, in comparing the rates of taxation of the last four years, with those of previous years, it should be borne in mind that until 1876, we had no deficit of water maintenance and its interest to provide for, and that previous to 1875, there was no free library, these make no slight addition to the expenditures of these later years; deduct the net cost of these two items from the expenditures of 1878, and a tax levy of $10.94 upon each $1,000 would have met those expenditures.
NEWTON FREE LIBRARY.
The management of this institution continues to elicit the warm approval of the citizens. The advan- tages gleaned from it far exceed in value the small amount of its annual cost. I feel grateful to that law which places its continued usefulness beyond doubt, and commands that it is " to be forever main- tained by said city." The report of the trustees will convey the desired detailed information relating to its affairs.
29
MAYOR'S ADDRESS.
STREET LIGHTS.
Thirty-seven lights have been added within the year. The whole number is now 1,084; of these 711 are supplied by gas, and 373 by naphtha. Net expenses in 1877, $21,648.37; in 1878, $22,194.09.
WATER DEPARTMENT.
The net expenditures for construction purposes for the year 1878 have been $19,714.96. For water maintenance, the difference between the expendi- tures, including the interest on the water bonds, and the receipts, has been $30,126.32, a gain over last year of $1,249.54.
MILITARY.
Our militia company has of late languished. There does not seem to be such strong and healthy interest among its members as is desirable. Its numbers are small; its roll shows but forty-one members, just the minimum number permitted by law, falling below which it becomes liable to disbandment. New mem- bers, new energy, and greater interest are impera- tively demanded, if the organization is to continue and be a credit to the city. Newton has the material in excess, and should easily maintain one of the finest companies in the State. I sincerely hope that our young men will take the matter in hand, and place the company upon a strong footing.
30
MAYOR'S ADDRESS.
FINANCIAL YEAR.
Without repeating some of the arguments made last year, I renew the recommendation to change the close of the financial year from December 31st to April 30th. As we now conduct our business, we virtually live on temporary credit. Our taxes, as soon as collected, are needed to pay the temporary loans incurred during the year; already we have used all the taxes we have collected, and have bor- rowed $80,000 until next November.
My recommendation is that we shall borrow per- manently about $100,000, and with it meet the ex- penses of the first four months of this year. Briefly, the reasons in favor of this course are as follows:
1st. You owe no more money in the one case than in the other, and you change a floating debt into a funded debt.
2d. Appropriations will be made, as the law intended they should be, for a year, the whole of which is in the future, and not as now, for a year, one-third of which is in the past.
3d. Taxes being collectable, as now, on 1st November, it will bring the receipts much nearer to the expenditures, thus saving interest.
4th. All appropriations now end with the finan- cial year, upon the 31st day of December, each suc- ceeding City government starts, as you do to-day,
31
MAYOR'S ADDRESS.
without one dollar appropriated. Until some money is appropriated no expenditure can be made under the rules of the City ordinances.
5th. The change would conform the tax with the period for which the tax is assessed. Incomes are now assessed from May 1st to April 30th, as a part of the assessment to cover the City's wants from January 1st to December 31st.
6th. The financial year will then conform to that of Boston. As it now is, a resident of Newton removing to Boston, on the 1st day of January, escapes four months taxation, whereas a resident of Boston, removing to Newton at the same date, must pay four months taxes in both places.
It seems incomprehensible to me that the law does not arbitrarily fix the termination of the financial year at the same period in all cities and towns throughout the State, and thus insist upon uniformity in this important particular. If Newton, however, must continue to be odd in not consulting its own comfort and convenience, would it not be well so to change that taxes might be escaped by coming to us, instead of the precise contrary, as now.
APPROPRIATIONS AND EXPENDITURES.
We have been elected to the several offices of Common Councilmen, Aldermen and Mayor; the authority which has created these offices by the 5
1.7
NO
32
MAYOR'S ADDRESS.
passage of an act called the City Charter, has also passed many other acts bearing upon and controlling the powers and duties of these offices. We, the incumbents of those offices, have sworn that "to the best of our ability and understanding," we will obey the laws of the State. This oath is required by the Constitution of Massachusetts, and must be taken before we can be qualified to perform our several duties. Ordinances or orders passed by the City Council must be in accord with these Statutes or their provisions are null and void; the creature of the Statutes cannot make rules to supersede those of its creator.
The attempted legislation of the past year has plainly shown that many members of the City Coun- cil largely confine their studies in municipal affairs to the City Ordinances, instead of going to the fountain-head and endeavoring to become reasonably conversant with the laws of the State. Among other erroneous opinions, is one to the following effect: if no money is appropriated by the City Council, no money can be lawfully expended for any purpose whatever. Were this opinion correct, the failure to pass the annual appropriation order would result in an immediate and complete barrier to all expendi- tures, the City would become unable to pay its debts or fulfil any one of the many obligations placed upon it by the laws which created its government.
33
MAYOR'S ADDRESS.
Either branch of the City Council would have an absolute veto upon very many of the laws of the State, which say that town and cities, shall for many purposes, appropriate money. The language of Chapter 209 of the Acts of 1875, shows plainly that money which has not been appropriated, may never- theless lawfully be expended, it is as follows: "The assessors of cities and towns shall each year assess taxes to an amount not less than the aggregate of all sums appropriated, granted, or lawfully expended."
Should no appropriation whatever be made by the City Council, there would yet be many payments and expenditures that could and must be made, and in various ways the laws provide that they shall be made. In some places the laws empower the over- seers of the poor to do what it says shall be done; in others surveyors of highways, school committee, assessors, board of health, city clerk, city treasurer, police department, board of aldermen, mayor. All of these have more or less of executive power directly bestowed upon them by law, a power which, in case the legislative body fails to make the necessary pro- vision required by law, these officers are severally ordered to use under personal penalty in some cases; in others, penalties upon the city if they neglect or refuse to do so.
This erroneous opinion seems to result from Sec- tion twenty-three of the City Charter, which has
34
MAYOR'S ADDRESS.
been often quoted in support of the opinion and which reads: "The City Council shall take care that no money is paid from the treasury unless granted or appropriated." These words are construed to mean that until money is appropriated, none can or should be expended. If this construction had been intended by law, the phraseology would have stated directly that appropriations must first be made before money can be paid; this it does not do, and if it did, it would stultify and render null and void one-half the statutes that now apply to municipal expenditures.
Again, if this only had been intended, the duty of preventing such payments would have been laid upon the auditor or city treasurer, instead of upon the city council.
This clause of the City Charter places a distinct duty upon the City Council and means simply this :-
1st. Whenever the statutes say that expenditures shall be made for certain purposes, the city council shall "take care" that suitable appropriations are ready to meet them.
2d. Whenever expenditures may be lawfully made by authorities having the power conferred upon them by statute, the city council shall "take care " to make the necessary appropriations.
3d. The pecuniary obligations of the city, prom- issory notes, bonds, interest when due, judgments, etc., must be paid and the city council should "take
35
MAYOR'S ADDRESS.
1
care" that the necessary appropriations are made in time to meet the need.
In the endeavor to make manifest that no one por- tion of the City government has the power, by the refusal of appropriations, to block the wheels of munic- ipal government, I shall briefly comment upon some of the expenditures which cannot be refused or avoided. I am no lawyer, and may be in error as to some of the conclusions to which I have arrived, I only claim that I have give much time and thought to the study of these questions, and believe that my conclu- sions are correct.
1. The Statutes say that the city shall elect or appoint and shall pay seven wardens, seven ward clerks, twenty-one inspectors of elections, one clerk of common council, one mayor, one treasurer and collector, one city clerk, seven overseers of the poor, three assessors, seven assistant assessors, and such police and subordinate officers as the mayor and aldermen may appoint. To these the city ordinances, which, until repealed, have equal force, add, one superintendent of streets, one city solic- itor, one city auditor, one city marshal, one city engineer, 1 city messenger, and the employees of the fire department.
2. The board of health has power under the statutes to order very many expenditures (which I
36
MAYOR'S ADDRESS.
shall not here and again enumerate), and the city must pay such portion as is assessed upon it.
3. Elections must be held and the expenses paid ; city officers, safes, city records, etc., are positively ordered by law; sinking fund payments shall be made; the poor must be supported or relieved; the rent of an armory, and fuel and lights for the same, is peremptory; the Newton free library must "be forever maintained by said city;" a sufficient num- ber of schools must be supported, to accommodate all legal pupils, and a high school must be maintained; highways must be kept in repair; highways must be laid out, widened or improved, when ordered by the county commissioners; city obligations, interest, judgments, etc., must be paid; land damages must be paid; additional pay for indigent soldiers and sailors must be raised and paid; sidewalks, drains and sewers may be ordered by the mayor and alder- men and when so ordered must be paid for.
There are yet other expenditures which the law commands. Is it presumable, therefore, that the mere refusal to appropriate in accordance with the commands of the law, is not provided for by the law? In case of the failure or refusal of the City Council to "take care" that proper appropriations are made, the law either throws the duty, with penalties for its non-performance, upon some official or board, or
37
MAYOR'S ADDRESS.
exacts a penalty from the City, or provides for its settlement through the courts.
If money is not appropriated for schools, the law mulcts the City for twice the amount it has ever pre- viously appropriated in any one year for schools. If the repairs of highways are neglected, the surveyors of highways are held personally liable for all damages incurred in consequence of their defects, and so on throughout the whole category.
In fact the statutes seem to divide the expenditures of the city into two classes: the first, which embraces money obligations and all matters that affect others than its own citizens, it peremptorily insists upon. The second class seems to embrace such things as affect its own citizens alone. You may allow the houses of your citizens to be destroyed by fire, rather than pay a fire department; you may refuse to light your streets or support your water works, or appropriate money to celebrate memorial day.
To ensure that wherever and whenever the law says money shall be expended for any purpose, the command shall be obeyed, it is provided that some officer or some board shall have the requisite power, and in case of the neglect or refusal of the city council, shall exercise the power.
If these things are not as they should be, if more power should be given to one branch and less to another, the only possible remedy is for the Legis-
38
MAYOR'S ADDRESS.
lature to change the law; we have not the power to do it.
Up to the year 1878, the City Council made no appropriations whatever until from three to four months' expenditures had been actually paid or in- curred. It is eminently improper that any payments should be made uutil the appropriation has either been made, or has been asked for and refused. In this latter event, if the debt has been legally incurred by the authority recognized by law, it must be paid; it then becomes the duty of the assessors to add it to the next tax levy as an amount "lawfully expended."
All appropriations die with the financial year. there are now no appropriations whatever. One of your first duties will be to supply this want.
A few words in relation to the Annual Appropria- tion order. This is each year a great cause of con- tention, and, it seems to me, unreasonably. A part of the evil arises from the practice of appropriating the entire amount in one order. This results 'in a disagreement between the two branches upon some of the items, which disagreement has thus far been overcome by a barter trade, under which one body waives a portion of its honest conviction, provided the other body will similarly stultify itself; and meantime the entire order rests in danger of defeat from the expiration of the time after which it cannot
39
MAYOR'S ADDRESS.
legally be passed. Would it not be a preferable course to act upon each item separately, and if both bodies are agreed, pass it finally, so that the success or failure of any disputed item will not involve the failure of all the appropriations.
The appropriation now made under the head of "Public Property," is objectionable, it should be sub- divided and treated as the expenditure of the depart- ment to which it belongs, otherwise we do not truly learn how much our schools, fire department, library or other matters do actually cost. Besides this, it is a novelty and as such precludes just comparisons with the former statements of the Town and City. It should be apportioned to the several departments for whose benefit it is used.
CITY CHARTER.
In Massachusetts, the charter of cities have closely followed one form, and that, in my opinion, could be greatly improved. Last year I recommended a longer term of service for the Mayor and members of the City Council, I now renew that recommendation and suggest that a commission of citizens be appointed to consider carefully and report an im- proved form for a City charter.
I should like to see Newton lead in an attempt to procure a charter which should be a model and sim-
. 40
MAYOR'S ADDRESS.
plify the method of conducting municipal govern- ment.
The work of collecting the revenue is all done by the assessors and treasurer, there remains the duty of properly expending it.
The total yearly amount is about $390,000; from this deduct fixed payments such as interest, sinking funds and use of hydrants, $107,000-and there remains $283,000 to be expended by the several dis- bursing agencies, these are as follows: one Mayor, seven Aldermen, fourteen Common Councilmen, fourteen School Committeemen, seven Overseers of the Poor, five Trustees of the Library, forty-eight in all. Does our small expenditure need so much advice and assistance?
CITY GOVERNMENT.
Upon some one or another board or officer of the City, the law places the responsibility for the proper performance of each and every duty. Committees are unknown to the law, and each and all of them are responsible for their actions to that officer or board of the City upon whom or which, the State imposes the duty. Committees are simply the agents of some other portion of the government, and that other portion can only be the particular board or officer empowered for that especial purpose by the State.
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.