USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1838-1857, v. 1 > Part 14
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Amt. of contract with G. Fuller for completing the building 5245 00
Making a total for both lots & both buildings of . 7050 91 ·
The grants made by the Town for the above purposes at 1 their meetings in Jan. & March, 1844, amt. to 6509 54
Leaving a deficiency for completing the contract made by your com. of $541 37
There will also be needed, if the Town should think it proper to make some improvements in front of the building, a further grant, estimated as follows :
For raising front wall $100
For covering the wall with hammered stone cap'g 250
For 4 hammered stone posts at carriage entrances 50
For 8 hammered stone steps at centre entrance 120
For setting posts, laying steps, levelling, gravel & loam, pur- chasing & setting trees, &c., &c. 238 63
758 63
Wliich items, when added to the above deficiency make a total amt. wanted beyond the grants already made, of $1300 00
By a vote of the Town in March last, the school fund was appropiated towards building the Hall, which amounted to And there was assessed in the taxes of last year for this purpose
$4600
500
Making a total amount already provided .
5100
Which leaves a balance to be provided, if these improve- ments should be made, of $2709 54
Your committee would therefore recommend that a further grant of 1300 dolls. be now made for the purposes above enumerated ;- and that the Town Treasurer be authorized to borrow, when needed to meet the contracts of your committee, the sum of two thousand dollars, payable
155
Meeting, March 3, 1845.
at the pleasure of the Town; and that the balance of 709.54 be assessed in the taxes of the Town the present year.
All which is submitted.
For the Building Committee,
BROOKLINE, 3d March, 1845.
S. PHILBRICK, Chairman. .
REPORT OF COMMITTEE ON MAP OF TOWN.
The committee who were appointed to cause a survey of the town to be made and a Map of the same to be published, have attended to that duty and would now report. The committee, after making the necessary enquiry, and after consulting and by advise of the Selectmen, made an arrangement with Dea. Elijah F. Woodward of Newton, to complete the survey and make a drawing ready for the hands of the engraver, which was done at an expense (including the pay of his assistants) of ninety- five dollars 95 00
There was paid to the sub-committee for taking the census, ten dollars . 10 00
Making the cost of the survey & drawing ready for the en- graver .
105 00
An agreement was made with Messrs. Morse & Tuttle of Boston to make a copper-plate engraving, to supply the plate and do the work in the best manner, the town to have the plate when completed, which will be within the present week, for two hundred . 200
The cost of a ream of paper for the map 20
Striking off 350 copies, at a cost of labor & ink, 10 cts. each 35 00
Messrs. Allen & Co.'s bill for printing & binding 300 Books containing the surveyor's notes of distances, &c. . 11 00
All of which survey, taking census, copper-plate engraving, 350 Maps of the town, and 300 books of notes, dis- tances, &c., cost the sum of $371 00
Or just one dollar & six cents each map.
There has been paid from the Treasury for survey, &c. 105 00
Leaving bills unpaid amounting to $266 00
Which due to Messrs. Morse & Tuttle, Allen & Co., & printer's bill & for paper, for which sum the committee ask for an appropriation.
The Maps will be ready for delivery within this month, in all proba- bility.
All of which is respectfully submitted,
BROOKLINE, March 3d, 1845.
A. NEWELL, JESSE BIRD, Committee.
CHARLES WILD,
The above named transaction by the committee in relation to a survey. and Map of the town, were in accordance with the advice and consent of the Selectmen, and hereby receive our approval.
BROOKLINE, March 3d, 1845. DANIEL SANDERSON, ) Selectmen
DAVID COOLIDGE, of
THOMAS GRIGGS, Brookline.
Accepted and adopted by Vote.
156
Brookline Town Records.
Census of Brookline taken Oct. 7th, 1844, By order of the Selectmen :
Whole number of Inhabitants, 1682.
Viz. :
Males 852
Females, 830
1682
Adjourned to Monday, March 10th, 1845, at Lyceum Hall, at 2 o'clock P. M.
OTIS WITHINGTON, Town Clerk.
TOWN CLERK'S WARRANT TO TAKE THE OATH. [L.s.] To Elisha Stone, one of the Constables of the Town of Brookline, GREETING :
The following is a list of those persons who were this day chosen into office, at a meeting of the inhabitants of said town, and of whom an oath is by law required, Viz. : Daniel Sanderson and James Bartlett as Selectmen and surveyors of highways, Marshal Stearns as Selectman, Charles Stearns Jr. and Jesse Bird as Assessors & surveyors of highways, Isaac Cook as assessor, Artemas Newell as Treasurer and collector, John W. Warren, Alvin Loker, Caleb Craft, Jr., & Hugh M. Sanborn as surveyors of highways, Thomas C. Quimby and Simon Warren as surveyors of highways and Field drivers, Samuel A. Walker, William J. Griggs, James Robinson, George Stoddard, Charles Coolidge, Jerathmeel Davenport, and Samuel Clark, as Field Drivers, Caleb Clark and John Gibbs, as Fence Viewers, John Haulahan as Pound keeper ; Elisha Stone & A. H. Clapp as constables, Jeremiah Lyon and Elisha Stone as surveyors of Wood and Lumber.
You are hereby required in the name of the Common- wealth of Massachusetts, within three days from the date hereof to notify and summon each of the said persons to appear before me within seven days from the date you shall give such notice, to take the Oath by law prescribed to the offices unto which they are respectively chosen.
157
Meeting, March 3, 1845.
Hereof fail not, and make return of this warrant, with your doings thereon, within ten days from the date hereof.
Given under my hand and seal this third day of March, A. D. 1845.
OTIS WITHINGTON, Town Clerk.
NORFOLK, SS. BROOKLINE, Marclı 8tlı, 1845.
By virtue of this warrant I have notified the within named persons as within directed.
ELISHA STONE, Constable.
NORFOLK, SS. BROOKLINE, March 3d, 1845.
Then personally appeared and took the Oath prescribed by law to the offices to which they had been respectively chosen, the following persons on the day of the date set against their names :
1845.
March 3d. Clark L. Haynes, as Field driver.
8. Elisha Stone, as Constable and surveyor of Wood & Lumber.
10. A. H. Clapp, as Constable.
Daniel Sanderson, as Selectman and Surveyor of high- ways. James Bartlett, as Selectman and Surveyor of highways.
66 Marshall Stearns as Selectman.
66 Artemas Newell, as Treasurer and Collector.
66 Charles Stearns, Jr., as survyor of highways.
Thomas C. Quimby, as surveyor of highways & Field driver.
66 Caleb Craft, Jr., as surveyor of highways.
66 Samuel A. Walker, as Field driver.
66 James Robinson, as Field driver.
66 George Stoddard, as Field driver.
12. Charles Smith, as Pound keeper.
14. Hugh M. Sanborn, as surveyor of Highways.
24. Jesse Bird, as assessor and surveyor of highways.
25. Simon Warren, as surveyor of highways and Field driver. 27. Isaac Cook, as Assessor.
April 12. John W. Warren, as surveyor of highways.
17. Alvin Loker, as surveyor of highways.
Charles L. Haynes, as Fence Viewer.
May 2d. Charles Stearns, Jr., as Assessor.
Nov. 28tl1. Caleb Clark, as Fence Viewer.
Attest : OTIS WITHINGTON,
Town Clerk.
158
Brookline Town Records.
An adjourned meeting from March 3d was held at Lyceum Hall March 10th, 1845.
Daniel Sanderson in the chair.
Voted to proceed to business.
Voted, by poling the house, 38 to 36, That the vote passed at our last meeting accepting & adopting the report of the Cemetery Committee, be now reconsidered.
Voted, by poling the house, 42 to 36, That the whole subject of the report and its consideration be indefinitely postponed.
The committee appointed to consult legal advice on the subject of indemnifying Charles Stearns, Jr., and others, presented their report as follows :
REPORT OF COMMITTEE ON SELECTMEN'S CASE.
The Committee appointed by the Town of Brookline to ascertain whether it has legal power to indemnify the Selectmen of said town for the expenses incurred by them in defending a suit at law instituted by Mr. Blanchard, and also whether it has legal powers to indemnify said Blanchard for such expenses as he may have been at over and above the amount of damages received by him have consulted the most eminent Counsel in the premises, and herewith enclose his opinion.
SAM'L GODDARD, Committee - GEO. BABCOCK, DAVID R. GRIGGS.
BROOKLINE, March 3d, 1845.
CASE.
" The selectmen of Brookline in their official capacity refused the insertion of a name on the list of voters in 1840; the person so refused commenced an action against them for damages in the Court of Common Pleas, but the Jury could not agree ; another trial was had which resulted in a verdict for the plaintiff, by advice of defendant's counsel exceptions were filed to the charge of the Judge on points of law; the case was then argued before a full bench of Judges before the Supreme Judicial Court who ordered a new trial and the result was a verdict in favour of the plaintiff awarding damages $150, the cost thrown upon the defendants with other expenses amounting to upwards of a $1000."
Questions-Can the town legally grant money to indemnify the Select- men for the expenses of defending the Suit?
Can the town legally grant money to indemnify the plaintiff for the expenses incured by him beyond the amount of damages received?
OPINION OF JOHN PICKERING ON SELECTMEN'S CASE.
I have considered the two questions proposed on behalf of the town of Brookline, in the case above stated; and I am of opinion-
1st. That the Town CAN legally grant money to indemnify the Select- men for the expenses of defending the suit in question; and-
159
Meeting, March 10, 1845.
2ndly. That the Town CANNOT legally grant money to indemnify the Plaintiff for the expenses incured by him beyond the amount of damages received, that is, beyond the amount of the verdict & the legal costs, for which judgement was rendered & for which he may take out execution. As the questions raised in the case are of importance in relation to the practical administration of town affiairs, I have been requested to state the view I have taken of the subject; which I will now do, as fully as time will permit. The laws which authorize towns to raise money for public purposes are very general in their language; and it is not always an easy matter to determine what descriptions of expenses would be deemed to be within their legitimate intent. The present Statute, which is only a re-enactment of the former laws, authorizes towns "to grant " and vote such sums of money as they shall judge necessary for the fol- " lowing purposes, that is to say, for the support of town schools, for the " support and maintainance of the poor; for burial grounds; and for all " other necessary charges arising within the same town." This last clause of the statute "all other necessary charges" it will be observed, is extremely broard. It was, doubtless, so framed, because of the extreme difficulty of describing every case; and without the aid of decisions of the court it might be very difficult to prescribe limits to tlie authority which is apparently given to towns on this subject.
A reference to some of the adjudged cases will enable us to arrive at a construction, sufficiently exact for the ordinary practical administration of what are commonly termed the "prudential affairs" of the town.
The earliest case of importance and which has been a leading one, is that of Stetson v. Kempton & others; in 13tli Massachusetts reports p. 272; decided in the year 1816, during the last war with Great Britain, in which the Court held, that towns could not, in time of war, raise money to give additional wages to the Militia & for other purposes of defence, this being an expense which did not come within the description of the " other necessary charges" intended by the law. The court in that case specify, to some extent, what kind of charges would come within the meaning of the law. In the case just cited the language of the late eminent chief Justice Parker in relation to this law is, in substance as follows, that the proper construction of the terms "necessary charges" must be, that, in addition to the money to be raised for the poor, schools, &c., towns might raise such sums as should be necessary to meet the ordinary expenses of the year; such as the payment of their municipal officers-the support and defence of actions at law, the making and repair- ing of highways and town roads-the erection of public buildings for the accommodation of the inhabitants, such as town houses, market houses, &c,; and then the learned Judge refers to some expenses which would not be legal; such as the building of a theatre, a circus, or any other place of mere amusement, the erection of a statue, a monument, &c., which are objects of taste and not of necessity.
In conformity with the principles upon which this and other cases were decided, the court several years afterwards (1831) in the case of Parsons v. Inhabitants of Goshen (11th Pickering's Reports p. 396) decided that a town had NOT authority to raise money to aid in making a road which
160
Brookline Town Records.
by law was to be made by the County ; & that a tax laid by the Town for such a road was illegal and void.
On the other hand, in the case of Willard r. Inhabitants of Newbury- port (decided also in 1831), the Court held, that a town has full authority to provide for the support of a public clock ; and the town of Newbury- port was obliged to pay the Plaintiff (Mr. Willard) his bill for repairing the public clock; the providing of such a clock being deemed a legal expense of the town, & the charge for repairs being incidental to it. But it is unnecessary to multiply cases; the remarks of the court in those above cited sufficiently indicate the construction to be given to the laws in question.
I have already observed that in the first of the above cases the court particularly mention the support and defence of actions at law as legitimate town charges. I may add that in a subsequent case (Bancroft vs. Inhab- itants of Lynfield, decided in 1836; 18 Pickering's Report, p. 566) this charge again came under the notice of the Court, and was considered to be a legal one.
In this last case the Court had before them a question of the same kind with one of those proposed by you; that is the question of indemnifying town officers who had incurred expenses in defending an action at law ; and the Court decided, that a town is authorized to indemnify its officers against any liabilities they may incur in the bona fide discharge of their duty, " although it may turn out, on investigation, that the officers mistook their legal rights & authority."
This case seems to be decisive of the question of indemnifying the officers of the town for the expenses of defending a suit at law.
In regard to the second question, I am not aware of any adjudged case directly bearing upon it; but the principles which govern it are well settled; and I will only remark that the plaintiff's damages, including his expenses, must have been passed upon by the Jury under the charge of the Court, & the verdict must be deemed to be the full amount of all claims which he could lawfully make for the alleged injury he had sus- tained by the acts of the Selectmen. These are the general views I have taken of the questions submitted by you, & the grounds upon which I have given you the answers to them.
BOSTON, Feb. 26th, 1845. JNO. PICKERING.
Sam'l Goddard, Geo. Babcock, D. R. Griggs, Esquires.
Voted, To lay said report on the Table.
Voted, To take up said report for consideration.
Voted, To accept said Report.
Voted, That the Treasurer be authorized to borrow on behalf of the Town the sum of $1056.76, reimbursable at the pleasure of the Town, & pay the same over to Charles Stearns, Jr., Benjm. B. Davis & James Robinson, the
Meeting, March 10, 1845.
161
amount granted them at a former meeting as indemnity for expenses in defending a suit at law instituted by Joshua W. Blanchard.
Voted, That the monies authorized to be borrowed by the Treasurer at our last meeting & at the present meeting, " reimbursable at the pleasure of the town," be borrowed payable on demand, instead of "at the pleasure of the Town."
The Town Treasurer made the following Report :
TREASURER'S REPORT.
TREASURER'S REPORT OF THE RECEIPTS & EXPENDITURES OF THE TOWN OF BROOKLINE FOR THE YEAR ENDING FEBRUARY, IST, 1845.
$493 93 Balance on hand at the last report . .
Cash Rec'd of William C. Aspinwall, it being a part of a Legacy rec'd from the estate of Thomas Aspinwall, and which he paid into the Treasury of the town to assist in his future maintainance 360 00
Rec'd of State Treasurer for Support of State Paupers, School Fund & Military Bounty
83 32
Taxes assessed for 1844
6449 52 )
less abatements by assessors 219 42 S 6230 10
Received of Stephen S. C. Jones proceeds of Hay Scales to Feb. 1, 1845 95 99
Rec'd of the School Treasurer, being a part of the school Fund, principle & interest, paid into the Treasury of the Town .
2826 63
Making the available funds for the past year . $10,089 97
There has been paid out of the Treasury
For the Support of Paupers
$871 84
For the Schools
66
Highways
1152 78
66 66 Fire Engine
262 08
66
towards the Town House
2135 82
66
66 Cemetery
18 36
State, County & Needham Taxes
586 94
Repairs of Bridges
273 15
Repairs of Buildings
26 43
Town Officers
238 62
Assessing & Collecting Taxes .
226 24
Incidental expenses, borrowed money
673 33
Survey of the Town & census
105
Guide & Street boards
1 50
Amounting to
$9388 57
Balance on hand
701 40
$10,089 97
BROOKLINE, Feb., 1845.
A. NEWELL, Treasurer.
11
Respectfully submitted,
2050 89
Building an Engine House
765 59
162
Brookline Town Records.
The auditing committee also reported as follows :
The committee chosen in March, 1844, to audit the accounts of Mr. AArtemas Newell treasurer of the town of Brookline for the past finan- cial year hereby report that they have found as usual all his disburse- ments fully and exactly avouched, his books faithfully kept & correctly cast & all the concerns of his departments just as they should be. And as the basis of the next ensuing tax to be levied they would present to you the following Estimate :
ESTIMATED EXPENSE OF THE TOWN FOR THE FINANCIAL YEAR COM- MENCING FEBRUARY 1ST, 1845.
For Paupers
900
" Schools
2200
Highways 1100
Engine & Company
200
" Town House
705
State & County Taxes
625
Repairs of Buildings
100
Town Officers .
250
66 Assessing & Coll. Taxes
250
". Map of Town
270
4 : Abatements of taxes
100
Incidental Expenses
100
Debts
1050
From which may be deducted cash on hand
700
Income from hay scales .
90
From State Treasury .
· 60
850
Necessary to be raised by tax
Respectfully Submitted by
CHARLES WILD,
ELIJAH COREY, MARSHAL STEARNS,
Committee.
Voted, To accept the report of the Treasurer.
Voted, To accept the report of the Auditing Committee and that the several sums enumerated in their report be granted and appropriated accordingly.
The following report was read :
REPORT ON POOR FARM.
The committee appointed some two years since, to consider the expedi- ency of purchasing a Farm, on which to support the Poor, and to be on the lookout if any suitable one should be offered for sale, would Report, that they have not been unmindful of the duties assigned them, and that no suitable place until now, has presented itself.
7850
850
$7000
163
Meeting, March 10, 1845.
The Farm is now for sale, formerly owned by Mr. Eben. Richards, containing about seventy acres, which your committee consider as suita- ble, for that purpose, as any place that can be obtained at present. As to the expediency of purchasing it your committee would state the condition of the poor and leave the town to decide.
The number entirely supported by the town is 12, Viz. :
William C. Aspinwall, aged about 46, boarded in Brookline
at 4.75 per week, annual expense 247 00
Widow Kenrick, aged about 70, supported in Brookline at
1.40 per week 72 00
George Thompson, aged about 70, boarded in Brookline at 1.12₺ per week . 58 60
Wife of George Thompson, aged about 60, boarded in Brook- line at 1.12} 58 60
Asa Cook Jackson, aged 10, boarded in Brookline at 75 cts. per week . 39 00 . Eliza Thompson, aged about 26, boarded in Westborough at 1.00 per week 52 00
Harriet King, aged 27, boarded in Westborough at 1.25 cents per week .
67 00
Amy Louisa Redding, aged 20 months, boarded at Westbor- ough at 50 cents per week 26 00
Samuel Walcott, aged about 45, boarded at Worcester Insane Hospital at 2.25 per week 117 00
Lewis Crehore & wife, aged about 50, boarded in Roxbury Alms House at 1.00 each week 102 00
Calvin Shed, aged about 65, boarded in Roxbury Alms House at 1.00 per week 52 00
Nine of the above named persons will undoubtedly have to be sup- ported by the Town while they live, at an annual expense of eight hundred dollars (besides clothing), and two children and several others which are assisted at present by the town.
Your committee are aware, should an alms house be provided, the tendency would be to accumulate inmates from the foreign population, with which our country is flooded, and this class is daily coming within our borders. The recent enlargement of our teritory has added to our Pauper account $120, which is only about ten months' standing, and of course must be more this year. The increase of our population from so many sources indicates that such an establishment will soon be called for. Your committee, in view of all the circumstances, are of opinion it would be a mark of wisdom to secure this or some other suitable place for the poor while such a place may be obtained, notwithstanding it might for a few of the first years cost more to support our Poor.
All of which is respectfully submitted,
BROOKLINE, March 10th, 1845. DANIEL SANDERSON, Chairman.
Voted, That the subject be indefinately postponed.
164
Brookline Town Records.
Voted, To raise and appropriate one hundred and twenty- five dollars for the repairs of the Fire Engine.
Voted, That Thomas Griggs, Samuel Craft & Abijah W. Goddard be a committee empowered to take legal advice upon the subject of the Wood-lot which was conveyed to the town in the year 1759 " for the use of the Minister or Ministers" of said town, in order that the rights of the several Parishes in the town to the benefit of said lot and its proceeds, may be permanently established.
In regard to the request of Nath'l Pulsifer in relation to lowering the road where it crosses Bradley's hill, so-called-
Voted, That as an improvement of the roads in any portion of the Town is always a public benefit, that the said Pulsifer with such as may associate with him be permitted to lower the road in the place he describes ; provided the expense of doing it be defrayed by subscription ; and provided, also, that it shall not be commenced till a sum not less than four hundred dollars, or more, be first subscribed for the purpose. And that the manner of effecting the object be under the direction & supervision of the Selectmen.
Voted, That the Selectmen be authorized to furnish the Harvard Congregational Society, with a gratuitous deed of a burial lot among those lots now laid out in the public burial ground on the same condition as those furnished to the Con- gregational and Baptist Societies (in 1843 see page 83).
Simon W. Clifford was chosen Prudential School Com. in the South West district in place of Caleb Craft, declined.
Charles Smith was chosen Pound keeper in place of John Haulahan, declined.
Clark L. Haynes was chosen Fence Viewer in place of John Gibbs, declined.
Augustus Aspinwall and Caleb Clark on Cemetery Com- mittee in place of Hugh M. Sanborn and James Bartlett, excused.
The following Report was read and accepted by vote :
REPORT OF SCHOOL FUND.
The Trustees of the Brookline School Fund in discharging the duty assigned them, most respectfully submit the following report :
165
Meeting, March 10, 1845.
By Vote of the town at their last annual meeting, the Trustees were directed to collect the school Fund where practicable, and pay the same into the Treasury of the town, to be appropriated for the purpose of building a "town house." The amount of the school fund at that time which was loaned to sundry persons was $4531.01.
By an investigation of the books of the School Treasurer we find the interest that has accumulated during the year to be 161 49
Making the amt. of the fund & Int. to be accounted for 4692 50
Of which has been collected and paid into the School Treasury, agreeably to said vote of the Town, of the principle the sum of 2665 60 and the Interest 161 49
Making the whole amount of the collections $2827 13
Of which has been paid into the Treas. of the town 2826 63
And for cancelling a Mortgage deed
50
Making the whole amt. collected as above $2827 13
Which being deducted from the whole Fund and Interest for the past year, leaves uncollected the sum of 1865.37, which has loaned as follows :
To Theophilus Dame $435 84
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