Town records of Brookline, Massachusetts, 1838-1857, v. 1, Part 23

Author: Brookline (Mass.)
Publication date: 1888
Publisher: Brookline, Mass. : Published by vote of the town
Number of Pages: 680


USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1838-1857, v. 1 > Part 23


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2. James Bartlett, Washington “


3. Jesse Bird, Walnut 66 66


4. Charles Warren, Warren


5. Mark W. Sheafe, Heath 66


6. Samuel Hills,


Clyde 66


60


66


7. Thomas N. Woodward, Newton


8. Simon Warren, Boylston


Western District.


9. William White, Brighton 66


10. H. M. Sanborn, Boylston 66 Eastern 66


263


Adjourned Annual Meeting, March 13, 1848.


George Stoddard, Signified acceptance, March 15th.


Seth T. Thayer, were chosen Fire Wards. Attest : A.N.


Augustus Allen,


Clark L. Haynes, Caleb Clark were chosen Fence;Viewers. Voted, To choose five Constables for the ensuing year.


A. H. Clapp, H. M. Sanborn, Franklin Tukey,


Were chosen Constables.


William Hardy,


Charles D. Perry,


Clapp, Sanborn & Tukey were forthwith sworn to the faithful discharge of the duty by the Town Clerk.


Voted, To choose ten Field Drivers, as follows :


1. Samuel A. Walker.


6. Samuel Hills.


2. Henry Corey. 7. William J. Hyde.


3. Samuel Philbrick. 8. Simon Warren.


4. Charles Warren. 9. Joseph S. White.


5. Mark W. Sheafe. 10. A. Newell.


Mess. Abijah W. Goddard, William I. Bowditch, Charles W. Scudder, were chosen Comittee on Accounts.


Mr. Bird, in behalf of the Cemetery Committee, submitted the following report :


REPORT OF THE CEMETERY COMMITTEE.


The Cemetery Committee of the Town of Brookline respectfully ask leave to report that-


The receipts of money since last report have been


$40 00


Balance from last report


238 22


$278 22


The disbursements for the same period


19 76


Leaving Bal. in Treasury of


$258 46


From returns made by the sexton, it appears there has been 40 deaths within the Town during the year; of this number 28 have been interred here, with the addition of 6 brought from other places.


All of which is submitted. By order of the Committee,


BROOKLINE, March 1, 1848. See file E, No. 47.


JESSE BIRD,


HARRISON FAY.


Mess. Jesse Bird, Harrison Fay, Augustus Aspinwall were chosen Cemetery Committee.


264


Brookline Town Records.


Elisha Stone, Jeremiah Lyon, were chosen Surveyors of Wood & Lumber.


Mr. Bowditch, in behalf of the committee chosen Nov. 1, 1847, to approve bills and complete the ventilation of the public buildings, presented the following report :


REPORT OF 2D COMMITTEE ON VENTILATION.


The Committee appointed Nov. 1, 1847, to examine the bills incurred by the committee on ventilation, respectfully report :


At our first meeting, held Nov. 5, the following bills were presented to us for examination :


Original amount Deducted by us.


Allowed.


John F. Edwards


$30 16


$1 87


$28 29


Cornelius Crowley


24 23


24 23


Elisha Stone .


10


10


Lewis Jones & Sons


157 29


157 29


Franklin Tukey


122 17


7 25


114 92


George Griggs


10 75


6 25


4 50


.


The last bill was subsequently withdrawn by Mr. Griggs, and a new one of $4.50 presented, in which were included only those items of the previous bill which we had approved. The bills thus approved amount to $339.23.


Under the authority conferred upon us to complete the ventilation of the School Rooms, we have expended $10.25 in work done on the Middle District School House. We deemed it inexpedient at present to incur any expense in ventilating the School House in the North District. Hav- ing thus, as we thought, completed the duties imposed on us, we pre- pared to report at the last Town Meeting. Our report was not, however, presented, because Mr. Griggs informed us that there was another bill for us to examine. Accordingly, on the 24th of February we had a meet- ing to act upon this claim. It proved to be the balance of the account of Lewis Jones & Son; the whole amount of this account is $255.33. Of its various items we had previously approved all those for the ventilators on the Town Hall, the High School House, and the School House in New- ton Street, amounting to $157.29, and Mr. Clifford, the Prudential Com- mittee for the Southwest District, has, we understand, approved items amounting to $3.02, leaving $95.02 as the balance for which our approval was asked. This expense was incurred in procuring and placing two ventilating stoves and some funnel in the High School House and the School House in Newton Street. After deliberation, we decided that we had no authority to approve this claim.


At the Town Meeting held Nov. 1, 1847, Mr. Griggs, as chairman of the committee on Ventilation, reported as follows : " Of the $500 appro- priated by the Town, there has been expended about $350 in defraying


265


Adjourned Annual Meeting, March 13, 1848.


the expense of ventilating the Town Hall, the High School House, and the School House in Newton Street." This sum, then, (at $350,) was all which the committee on Ventilation considered a rightful charge against that appropriation of $500, was all which they claimed had been expended for ventilation. The bills which were presented to us in November amounted to $364.60. They were the only bills alluded to by the chairman in his report, as he himself informs us; on his own show- ing they constituted all the bills incurred for Ventilation. We were therefore appointed to examine these bills, amounting to about $350. This was the extent of our authority, and this duty we think was com- pletely performed last November. Accordingly, we have decided that we have no authority to allow the balance of this claim. It is a claim which the committee itself deliberately decided not to be a rightful charge upon the appropriation for Ventilation, and which it has so reported to the Town.


We have not been led to this decision by any desire to embarrass Mr. Griggs or the Town, or to avoid labor, but the only correct way for committees to act is to act within the scope of their authority. If such a rule had been followed by the chairman of the committee on ventila- tion, no trouble would have arisen. Nor have we desired to avoid the responsibility of expressing an opinion upon the merits of this claim, because we should have rejected it if we had considered that we had authority so to do.


See file E, No. 48. WILLIAM I. BOWDITCH, Chairman.


After some remarks by Mr. Geo. Griggs in explanation of the bill referred to in the report, it was-


Voted, That the report be accepted, and that the Select- men be authorized to return the two ventilating stoves to Mess. Lewis Jones & Son, and to settle and pay the balance of their bill.


Mr. Bartlett, in behalf of the committee appointed to arrange about Gravel Banks, &c., made the following report :


REPORT OF COMMITTEE ON GRAVEL BANKS.


The Committee appointed by the Town of Brookline to enter into arrangements with the owners of land bounding on the Town House lot for removing the gravel and grading the bank, &c., and also to prepare and report estimates of the expense which would be required for the erection of horse sheds around the Town House, would now report :


That they have made arrangements with David R. Griggs for laying a stone wall five feet high on the line of his land, at the expense of the Town, on condition that said Griggs should first remove all the gravel between the Town House and his line, on a grade descending from the present grade around the Town House; and also grade the bank on his own land, sloping back from the bottom of said wall. The grading is now nearly completed, and the stones are in readiness for laying.


266


Brookline Town Records.


Subsequent to this agreement, your committee have rec'd a written communication, signed by John Gibbs, Thomas Seaverns, David R. Griggs, and' Dr. Charles Wild, proposing to open a public passage way, 24 ft. in width, through land from Washington Street to Mechanics Place, so called, on Harvard St. Making the boundary line between land of David R. Griggs and the Town the centre of said passage way, offer- ing their land gratis, provided the town would do likewise, and assist them in the completion of the project. As this proposition embraces the surrender of a strip of land twelve feet in width from the easterly side of the Town land for a public passage way, your committee did not con- sider themselves authorized to act upon it further than to lay it before the Town, recommending its acceptance on the part of the Town, pro- vided the whole expense of laying out, grading & completing said passage way, should be paid without assistance from the Town.


If this proposition should meet the approbation of the Town, and be carried into effect, it will not release the Town from the expense of laying the partition wall before named. Your committee therefore request an appropriation of One Hundred & Ten dollars to meet that expense.


The present unfinished condition of all the gravel banks on the adjoin- ing lands around the Town House, together with the pending project for opening the passage way above named, and the probability that attempts may soon be made for widening the present passage way on the western side of the Town house, render it inexpedient, in the opinion of your committee, for them to prematurely procure estimates or offer any opin- ion in regard to the expense of erecting horse sheds back of the Town House at the present time.


All of which is submitted by your committee, with a request to be dis- charged from the further consideration of this subject.


BROOKLINE, Feb. 18, 1848.


See file E, No. 50.


JAMES BARTLETT, DANIEL SANDERSON, H. M. SANBORN, CHARLES STEARNS, JUN.


Voted, That the report be accepted.


After a lengthy discussion in relation to the expediency of adopting the reccommendation of the committee " to lay out a road on the easterly side of the Town House," it was


Voted, That the Selectmen be requested to lay out a Road, agreeably to the reccommendation of the Committee, on the East Side of the Town House, provided said Road shall not be laid out less than Thirty feet in width.


The Fifth Article in the warrant was taken up, " To revise the Jury Box," and the following list of names were rec- commended by the Selectmen and approved :


267


Adjourned Annual Meeting, March 13, 1848.


LIST OF JURORS OFFERED TO THE TOWN FOR APPROVAL BY THE SELECTMEN, MARCH 13, 1848.


When drawn.


Nov. 15,


1850.


1. Marshal Stearns. (U. S. C't.)


2. Daniel Sanderson.


April 10, 1848. 3. Otis Withington.


February 11, 1850. 4. Simon Warren.


5. James Robinson.


Nov. 15, 1850. 6. Moses Withington.


April 10, 1848. 7. Isaac Dearborn.


March 5, 1849. 8. David S. Coolidge.


January 9, 1850. 9. Charles Stearns, Jun'r.


10. John Kenrick.


July 1, 1850. 11. Samuel A. Robinson.


Feb. 3,


1851. 12. James Bartlett.


Nov. 15,


1850. 13. Oliver Whyte.


Sept. 1,


1849. 14. Samuel Clark.


April 10,


1849. 15. Artemas Newell.


Sept. 2, 1850. 16. Clark L. Haynes.


September 4, 1848. 17. Willard A. Humphrey.


18. Hugh M. Sanborn.


July 1, 1850. 19. Abraham H. Lambert.


April 1,


1850. 20. Jerathmael Davenport


March 5,


1849. 21. George Craft.


March 5,


1849. 22. Samuel Hills.


Dec. 8,


1849. 23. William Perry.


April 1, 1850. 24. Charles Heath.


February 9th, 1849. 25. Thomas Seaverns.


January 9,


1850. 26. George W. Stearns.


Dec. 4,


1848. 27. Timothy Corey.


April 10, 1849. 28. Thomas N. Woodward.


The above list was approved as a list of Jurors by the Town, March 13, 1848.


Attest : A. NEWELL, Town Clerk.


Sixth Article in the warrant came up for consideration, and it was-


Voted, That a committee of three be chosen to confer with the Water Commissioners of the city of Boston concern- ing land which has been taken from the Road for the Reser- voir, also upon the subject of lowering the road over Brad- ley's Hill, so called, and report at an adjournment of this meeting the result of such conference.


Mess. Benjamin Goddard, Charles Heath, Daniel Sander- son, were chosen to attend to that service.


268


Brookline Town Records.


Voted, That the 7th Article, relating to laying out & building a Road on the west side of Town House, be indefi- nitely postponed.


The 8th Article in the warrant was taken up and disposed of by the following vote :


Voted, That the sum of Two Hundred Dollars be granted & appropriated for the purpose of laying down Flagging Stones across Washington Street, in the village, in four places, and that it be done by the Surveyor of that District, under the direction of the Selectmen.


Voted, That the new road in the south part of the Town be annexed and become a part of Newton Street Highway District.


Voted, That said New Road shall be called Grove Street.


Voted, That the sum of Nine Thousand Dollars be raised by taxes, to be lawfully assessed, for defraying the expenses of the Town the present year, to be appropriated to the several purposes named, and according to the estimates rec- commended in the Auditors' report, to wit :


For Support of Poor


$1000


" Schools


3000


" Highways


1200


66 Fire Department


500


County Tax


700


66


Assessing & Collecting Taxes


400


66 Abatements on


Do.


280


Town Officers


275


Repairs of Buildings


200


Repairs of Heath St.


100


Music in Schools


100


66 Extinction of Town debt


1000


" Payment of interest on Do.


400


66 Contingencies


500


$9655


Deduct Balance in Treasury . 500


Income from Hall, Scales, &c.


155


655


To be raised by Tax


$9000


Voted, That the sum of Five Hundred Dollars be granted and appropriated for the purpose of providing an assistant in the High School and to defray the expense of instruction in


269


Adjourned Annual Meeting, March 13, 1848.


music, in addition to the sum already appropriated for schools.


Voted, That the sum of one Hundred and Ten dollars be appropriated for building the wall on the east side of the Town House, according to the reccommendation of the com- mittee.


Voted, That the Treasurer be and he is hereby authorized to borrow, when needed, on behalf of the Town, such sum of money, not exceeding Twenty-Five Hundred Dollars, as may be necessary to meet the expenses of the Town, in antici- pation of the payment of the Taxes.


Voted, That the Selectmen be and are hereby instructed to prosecute all violations of the License Laws in the Town of Brookline.


Voted, That the sum appropriated for highways be assessed in the same manner as all other Taxes are assessed in this Town, and collected into the Treasury with other Taxes, and that each Highway Surveyor be allowed to draw from the Treasury the same proportion heretofore allowed the district over which he is appointed, whenever the Selectmen shall approve his bill.


Voted, That when this meeting adjourn it adjourn to meet again at half-past four o'clock on Monday afternoon, April the 3d, 1848.


Voted, To adjourn.


A true record of proceedings.


Attest : A. NEWELL, Town Clerk.


-


270


Brookline Town Records.


WARRANT FOR SPECIAL MEETING, APRIL 3, 1848. COMMONWEALTH OF MASSACHUSETTS.


NORFOLK, SS.


To the Constables of the Town of Brookline,


GREETING :


In the name of the Commonwealth of Massachusetts, you are required to notify and warn the inhabitants of the Town of Brookline qualified to vote in elections, to assemble at the Town Hall, on Monday, the Third day of April. next, at one o'clock in the afternoon (at which time and place the polls will be opened), and to bring in to the Selectmen their votes for a Representative to Congress for District number Eight, to supply the vacancy occasioned by the death of John Quincy Adams, until the fourth of March, 1849.


Also to notify the said inhabitants to meet at said Town Hall, at half-past three o'clock P. M., on the said third day of April, to act upon the following articles, to wit :


1. To choose a Moderator.


2. To hear and act upon the report of the Selectmen, who were requested by vote of the Town to lay out a road on the east side of the Town House, and to see if the Town will accept the same.


Hereof fail not, and make due return of this warrant with your doings thereon, at the time and place above named.


Given under our hands and seals this Twenty-Third day of March, A. D. One Thousand Eight Hundred and forty- eight.


JAMES BARTLETT, Selectmen H. M. SANBORN, of


BELA STODDARD, Brookline.


NORFOLK, SS.


BROOKLINE, March 30, 1848. By virtue of this warrant I have notified the said inhabitants to meet at the time and place and for the purposes within mentioned, by leaving a printed notice at the house of every voter in said Town.


See file E, No. 51. A. H. CLAPP, Constable.


A true copy. Attest : A. NEWELL, Town Clerk.


271


Special Meeting, April 3, 1848.


SPECIAL TOWN MEETING, APRIL 3, 1848.


In pursuance of the foregoing warrant, the Polls were opened by the Selectmen for the votes of the inhabitants of the Town of Brookline for a Member of Congress, and were kept open two hours and a half, and closed by vote of the Town.


The votes were sorted & counted by the Selectmen ; the result was found to be as follows :


Whole number of Ballots given in One Hundred & Ten.


110.


Horace Mann of Newton Received Eighty. 80.


Edgar K. Whitaker of Needham


Twenty-six. 26.


William Jackson " Newton 66 Two.


2.


Appleton Howe


Weymouth


One. 1.


Theodore Lyman " Brookline One. 1.


The votes were sorted & counted, the returns signed by the Selectmen & Town Clerk and sealed up in open Town Meeting. The return was then placed in the hands of our Representative, John Howe, Esq., to be by him transmitted to the Secretary of the Commonwealth.


The second Town Meeting, as called by the Warrant, was then organized by the choice of James Bartlett, Moderator.


The Second Article in the warrant, in relation to laying out a road or street on the East side of the Town House, was taken up, and the Selectmen, by their chairman, made the following report :


SELECTMEN'S REPORT ON NEW ROAD.


At the Annual Meeting, held by adjournment on the 13th of March, 1848, it was voted that the Selectmen be requested to lay out a Road on the easterly side of the Town House, agreeably to the reccommendation of a former committee. In compliance with such request, the Selectmen have laid out said road, with an understanding with the owners of land adjoining, that, if said road is accepted and established by the Town, it shall be constructed without any expense therefor to the Town, except the land over which it is located, now belonging to the Town.


It is located according to the following described bounds and admeas- urements : Commencing at the stone post on Washington Street on the west side of the entrance to the Town House lot, it being fifteen feet from the easterly line of the Town's land, and running north over land of the Town 182₺ feet, and over lands of Dr. Wild & John Gibbs 172


272


Brookline Town Records.


feet to Mechanic Place, which line makes the westerly bounds of said Road. The easterly side of said road commences at Washington Street on land belonging to the Holden Estate, 30 feet east of said stone post, and running northerly over land of Thomas Seaverns 118 feet to Mechanic Place. Said road is 3543 feet in length and 30 feet in width, and contains 10635 square feet of land, to wit :


Land belonging to the Town House lot . 2737₺ feet.


66 Dr. Wild & Gibbs


2580 66


Holden Estate .


3547元 66


66 66 Thomas Seaverns


All of which is submitted,


JAMES BARTLETT, Selectmen H. M. SANBORN,


BELA STODDARD, Brookline.


See file No. 52.


BROOKLINE, March 24, 1848.


Voted, To accept of the Report.


Voted, That the Street laid out by the Selectmen be accepted and adopted by the Town, on the condition that the said Road or Street be completed to the satisfaction and acceptance of the Selectmen within the year 1848, without expense to the Town either for its construction or for the land over which it is located, other than the land now owned by the town. 40 in favor & 21 adverse to it.


Voted, To dissolve the meeting.


Attest : A. NEWELL, Town Clerk.


SECOND ADJOURNMENT OF ANNUAL MEETING.


In pursuance of the adjournment March 13th, the meeting was called to order by the Moderator, Mr. Bartlett.


Benjamin Goddard, Esq., on behalf the committee that was chosen at the meeting on the 13th March to confer with the Water Commissioners in relation to the land taken for Reservoir from the Road, and in regard to reducing Bradley's Hill, &c., made a report, which will be found on [274] page.


Voted, That the vote passed at the annual meeting on the 13th March, appropriating One Thousand Dollars for reduc- ing the Debt of the Town, be reconsidered.


1770 66


273


Adjourned Annual Meeting, April 3, 1848.


Voted, That One Thousand Dollars be appropriated for lowering Bradley's Hill, agreeably to the reccommendation in the report of the Committee.


Voted, That the sum of Two Hundred Dollars be taken from the sum appropriated for the support of Schools and applied to finishing the lower school room in the old Town House for the further accommodation of the high school, and that the School Committee be authorized to cause said room to be furnished with desks and seats, and otherwise finished in a manner similar to the upper room in said build- ing. File E, 522.


Voted, To reconsider the vote by which Two Hundred Dollars was appropriated for laying Flagging Stones in the Village.


Voted, That the sum of One Hundred Dollars be appro- priated for Flagging Stones, to be laid under the direction of the Selectmen.


Voted, That the Selectmen be authorized and directed to forthwith to cause to be placed around the Town House such number of Posts as may be deemed necessary for the pur- pose of securing the horses of such as ride to the Town House, to be placed ten feet apart.


Voted, That the Selectmen be hereby directed to dispose of the Iron Safe now belonging to the Town, and to procure one more suitable for the Town, in which the records of the Town may be kept at the Clerk's Office, and that the addi- tional sum of One Hundred Dollars be hereby appropriated for that purpose.


Hugh M. Sanborn was chosen Pound Keeper in place of Charles Smith, excused.


REPORT OF TOWN CLERK IN RELATION OF TOWN SEAL.


Agreeably to the provisions of the By-laws of the Town, the Town Clerk, under the direction of the Selectmen, has caused to be prepared a Common Seal for the use of the Town. It is engraved upon steel, and represents a group of agricultural and farming implements, a view of the City of Boston in the distance, with a train of cars running between the two places; and bearing this inscription : "Muddy River, a part of Boston. Founded 1630. Brookline incorporated 1705."


The design is intended to be emblematical of the character of the Town from its early settlement, when designated and known as Boston Corn-


18


274


Brookline Town Records.


field & Boston Plantation, to the present time,-the inscription to perpet- uate, in a degree, its early historical associations. It was executed by Mr. Francis N. Mitchell, of Boston, and cost, including one hundred embossed impressions, a press which may be used for copying, with Book, &c., Fifty-Six dollars.


Respectfully submitted,


BROOKLINE, March 6, 1848. A. NEWELL, Town Clerk.


Voted, That the report be accepted and the Seal adopted as the Seal of this Town. See file 53.


REPORT OF COMMITTEE.


The committee chosen at an adjournment of the Town Meeting, 13th March, to confer with the Water Commissioners of the City of Boston concerning the land which has been taken from the road for the reser- voir; also, upon the subject of lowering the road through Bradley's Hill, so called, have attended to that duty, & report that, by previous appointment, we met the Commissioners at their office in Boston, and passed the forenoon with them, & were rec'd respectfully as agents in behalf of the Town of Brookline ; they appeared disposed, while attending to the interests of the city, to give due attention to the interests and wislies of the inhabitants of the Town of Brookline. After considering the subject in all its bearings, our conference ended in the result con- tained in their proposition herewith presented,-all which is submitted for the action of the Town thereon.


BENJ. GODDARD, CHARLES HEATH, DANIEL SANDERSON.


BROOKLINE, April 3, 1848.


PROPOSALS OF THE WATER COMMISSIONERS.


The Water Commissioners, in consideration of the encroachment of the bank wall of their Reservoir upon the Street, and of the desire of the inhabitants of Brookline to reduce the level of the Street through Brad- ley's Hill, will agree to pay to the Town of Brookline the sum of $1000, on condition that the said Street through the said hill shall be lowered not less than four feet on or before the 15th day of June next, and on the further condition that the City of Boston shall be saved harmless against any claim for damages for encroachment upon the said Street to the extent indicated on the plan of the reservoir, as the same is now laid out. And in case the said Town shall not agree to reduce the said Street, the Water Commissioners agree that they will lay their pipes in the Street through Bradley's Hill so low that the Street may be safely lowered five feet, at least, at any time hereafter, on condition that the City shall be exonerated from any claim for damages as aforesaid.


BOSTON, March 16, 1848.


Voted, That Benjamin Goddard, Charles Heath, Daniel Sanderson, James Bartlett and Jesse Bird be a committee with authority to contract with the Commissioners of the


275


Militia Roll, 1848.


City of Boston, upon these conditions, to wit : That the City shall pay One Thousand Dollars if the Town will cause the road through Bradley's Hill to be lowered not less than four feet, and the City to be saved harmless against any claim on the part of the Town of Brookline for damage for land taken from the road, as indicated on the plan of the Reservoir ; such contract to further provide that the city shall cause the finish of the top of the road through the excavation to be done with stone or chips of stone & gravel to the width of thirteen feet and the depth of twelve inches, and also that a sufficient time can be agreed upon to effect the object ; the foregoing terms being assented to on the part of the Com- missioners, the Town hereby fully authorizes the committee now appointed to contract with them and to pay the sum of One Thousand Dollars, and no more, provided that the sum of not less than Five Hundred Dollars shall be raised by vol- untary subscription and appropriated for the object. See file E, No. 54.




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