USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 12
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Section 9. The commissioners shall enter or cause to be entered in a book to be kept for that purpose, and which shall be subject to the in- spection and examination of the Selectmen, or of any committee appointed by the town for that purpose, a journal, account, or record of all rules, orders, votes, appointments, resolutions, proceedings, and other official acts which may from time to time be adopted by them ; and the said com-
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Special Meeting, October 28, 1873.
missioners shall, at the beginning of each month during their continu- ance in office, make a report in writing to the Selectmen of their pro- ceedings during the month next preceding such report. And the Select- men shall annually, and at any special town meeting, make a report in writing to the town of all matters communicated to or known by them concerning the works aforesaid.
Section 10. In order to enable the Selectmen and Treasurer season- ably to raise and provide the funds necessary for defraying the costs and expenses which may from time to time be incurred in the prosecution of the work, and for carrying into full effect the purposes and objects of the Act aforesaid and of this ordinance, the commissioners shall from time to time seasonably make and prepare, with as much particularity as may be useful and practicable, estimates, for the use of the Selectmen, of such sums of money as in their judgment may be required, and statements of the purposes for which said sums respectively are to be appropriated and applied.
Section 11. It shall be the duty of the commissioners to investigate promptly all cases in which it appears probable that any damages may be claimed of the town by any person or corporation for any alleged injury to the body or the property, real or personal, of such person or corporation by reason of any decision, action, or operation of said com- missioners, or of others employed by them in the performance of any of the matters and things committed to their charge by the Act aforesaid and this ordinance; and to make forthwith a memorandum in writing of all the important facts and circumstances relating thereto, together with a list of the names of all persons whose testimony concerning the par- ticulars of such alleged injury may be deemed important by said com- missioners, which memorandum they shall file and preserve.
Section 12. In all suits, processes, and questions in law or equity which may be commenced, prosecuted, or pending by or against the town in any court, or before any other tribunal, for or by reason of any act, proceeding, or contract of the commissioners or of the town, or for any other cause arising from the execution of the powers and authority given by the provisions of the Act aforesaid and of this ordinance, the commissioners shall aid and assist the counsel employed in behalf of the town, by giving information of all facts within their knowledge, and furnishing any documents. testimony, and evidence in their possession or control which may be material, important, or useful in establishing the rights and protecting the interests of said town.
Section 13. All bills on account of said water works shall be exam- ined by said commissioners, and if found correct shall be so certified by them, and that the same have been incurred in the construction of the water works ; and the Selectmen shall draw their order therefor upon the Treasurer.
Section 14. This ordinance and all its provisions, and all votes of the town, shall be subject to such revision, alteration, amendment, or repeal, at the discretion of the town, as shall not be inconsistent with the pro- visions of the Act of the Legislature aforesaid ; and all votes of said town inconsistent with this ordinance are hereby repealed.
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Brookline Town Records.
Voted, To adopt the ordinances as amended.
Tenth Article taken up :
To hear and act upon the reports of town officers and committees.
No action was taken under this Article.
Eleventh Article taken up :
To raise and appropriate such sums of money as may be required for any or all of the foregoing articles.
Voted, To raise and appropriate the sum of ten thousand dollars for contigencies.
Voted, That the town Treasurer be authorized to borrow the amount appropriated at this meeting, giving the note or notes of the town therefor, countersigned by a majority, at least, of the Selectmen, in such sums and at such times as may be called for by the Selectmen.
Voted, That when this meeting adjourns, it be to meet in four weeks from to-day in this place, at three of the clock in the afternoon, November 25, 1873.
Adjourned.
Attest : B. F. BAKER, Town Clerk.
GENERAL ELECTION, NOVEMBER 4, 1873.
SEAL
SEAL
SEAL
WARRANT.
SEAL
SEAL
COMMONWEALTH OF MASSACHUSETTS.
NORFOLK, SS.
To either of the Constables of the Town of Brookline, GREETING :
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the town of Brookline, qualified to vote in elections, to meet at the Town Hall in said town, on Tuesday, the fourth day of November next, it being the Tuesday next after the first Monday in said month, at twelve of the clock, noon, at which time and place the polls will be opened, and kept open until
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General Election, November 4, 1873.
thirty minutes past four of the clock in the afternoon, during which time they will be required to give in their votes to the Selectmen for the following State and County officers ; to wit, -
Governor, Lieutenant Governor, Councillor for the Third Councillor District, Secretary of the Commonwealth, Treas- urer and Receiver General, Auditor of Accounts, Attorney General, Senator for the First Norfolk Senatorial District, Representative to the General Court for the Fifteenth Nor- folk District, Register of Probate and Insolvency, one County Commissioner for three years, County Treasurer and Regis- ter of Deeds, all to be voted for on one ticket.
Hereof fail not, and make due return of this warrant, with your doings thereon, to the Selectmen, four days at least be- fore the day of said meeting.
Given under our hands and seals at Brookline aforesaid, this twenty-seventh day of October in the year of our Lord one thousand eight hundred and seventy-three.
CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, JAMES W. EDGERLY, DAN'L D. BRODHEAD, Selectmen of the Town of Brookline.
NORFOLK, SS.
BROOKLINE, October 31, 1873.
In pursuance of the within warrant, I have notified and warned the in- habitants of the town of Brookline, qualified to vote in elections, to meet at the time and place and for the purposes within named, by leaving an attested copy of the same at their usual place of abode four days at least before the day of said meeting.
J. P. SANBORN, Constable.
In pursuance of the foregoing warrant, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Tuesday, the fourth day of November in the year of our Lord one thousand eight hun- dred and seventy-three, and were called to order at twelve of the clock, noon, by Charles D. Head, Esq., chairman of
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Brookline Town Records.
the board of Selectmen. The Town Clerk then read the war- rant calling said meeting, and the return thereon of the con- stable who served the notices.
The polls were then opened for the reception of votes, and were kept open until thirty minutes past four of the clock in the afternoon, when, after giving due notice that they were about to be closed, and an opportunity to any legal voter present who had not voted and desired so to do being given, they were declared closed.
The Selectmen and Town Clerk then proceeded to sort and count the votes given in, and the votes so given in were six hundred and fifteen, which were sorted, counted, and re- corded, and declaration thereof made in open town meeting as required by law, and were for the following persons and officers ; to wit, -
For Governor: Six hundred and eleven.
William B. Washburn, of Greenfield, had three hundred and thirteen. William Gaston, of Boston, had two hundred and ninety-six. Henry K. Oliver, of Salem, had one. B. F. Butler had one.
For Lieutenant Governor : Six hundred and nine.
William Talbot, of Billerica, had three hundred and seventeen. William L. Smith, of Springfield, had two hundred and ninety-two.
For Councillor of the Third Councillor District : Six hundred and ten. Milo Hildreth, of Northboro', had three hundred and eighteen. Jonathan H. Wood, of Grafton, had two hundred and ninety-two.
For Secretary of the Commonwealth : Six hundred and ten.
Oliver Warner, of Northampton, had three hundred and eighteen. B. F. Mills, of Williamston, had two hundred and ninety-two.
For Treasurer and Receiver General : Six hundred and ten. Charles Adams, Jr., of North Brookfield, had three hundred and eighteen. Nathan Clark, of Lynn, had two hundred and ninety-two.
Auditor : Six hundred and ten.
Charles Endicott, of Canton, had three hundred and nineteen. George Morse, of Newburyport, had two hundred and ninety-one.
Attorney General : Six hundred and nine.
Charles R. Train, of Boston, had three hundred and seventeen.
Waldo Colburn, of Dedham, had two hundred and ninety-two.
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General Election, November 4, 1873.
Senator for the First Norfolk District : Five hundred and ninety-eight. Moody Merrill, of Boston, had four hundred and twenty-four. L. Foster Morse, of Boston, had one hundred and sixty-eight. C. K. Kirby had one.
Phillip Allen had one.
George F. Homer had one.
A. W. Snow had one. C. H. Drew had one.
Alfred Kenrick had one.
For County Commissioner for three years : Five hundred and ninety-one. William Aspinwall, of Brookline, had three hundred and twenty-four. Galen Orr, of Needham, had two hundred and sixty-seven.
For County Treasurer : Six hundred and four.
Chauncy C. Churchill, of Dedham, had three hundred and twelve. James G. Scott, of Walpole, had two hundred and ninety-one. William Aspinwall, of Brookline, had one.
For Register of Deeds : Six hundred and ten. John H. Burdakin, of Dedham, had six hundred and ten.
For Register of Probate and Insolvency : Six hundred and four.
Jonathan Cobb, of Dedham, had three hundred and twelve. James A. Tower, of Randolph, had two hundred and ninety-two.
Representative to the General Court from the Fifteenth Norfolk District : Six hundred and eight.
John W. Candler, of Brookline, had one hundred and sixty-eight.
Moses Williams, Jr., of Brookline, had four hundred and forty, and was declared elected to the next General Court.
In voting, the check list was used, and no person was al- lowed to deposit his vote until his name was found on the list and checked.
The business of the meeting being completed, the returns were filled up, signed by the Selectmen, countersigned by the Town Clerk, sealed up in open town meeting as re- quired by law, and delivered to the Town Clerk to for- ward to their several places of destination. The votes cast were also sealed up and delivered into the custody of the Town Clerk as required by law.
The meeting was then declared closed by Charles D. Head, chairman of the Selectmen.
Attest : B. F. BAKER, Town Clerk.
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Brookline Town Records.
ADJOURNED SPECIAL MEETING, NOVEMBER 25, 1873.
Pursuant to adjournment, the citizens of the town of Brook- line, qualified to vote in elections, met at the Town Hall in said town, on Tuesday, the twenty-fifth day of November in the year of our Lord one thousand eight hundred and sev- enty-three, and were called to order at three of the clock in the afternoon, by the Moderator, Charles H. Drew.
Voted, That the vote whereby the town voted to discharge the Committee on Water Supply, be and hereby is recon- sidered.
Voted, That the committee make their final report at the adjournment of this meeting to be held two weeks from to- day.
Voted, That when this meeting adjourns it adjourn to meet in this place two weeks from to-day, at three o'clock in the afternoon (Tuesday, the ninth of December next).
Seventh Article taken from the table :
To see if the town will take any action in relation to purchasing land for a cemetery.
Voted, That the Seventh Article be referred to a commit- tee of three, to be appointed by the chair.
The Moderator appointed the following gentlemen to con- stitute said committee ; viz., George F. Homer, William Aspinwall, Henry V. Poor.
Adjourned.
Attest : B. F. BAKER, Town Clerk.
ADJOURNED SPECIAL MEETING, DECEMBER 9, 1873.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Tuesday, the ninth day of December in the year of our Lord one thousand eight hundred and seventy-
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Adjourned Special Meeting, December 9, 1873.
three, and were called to order at three of the clock in the afternoon, by the Moderator, Charles H. Drew.
Records of the last meeting read and approved.
The Committee on Water Supply presented the following
REPORT.
The undersigned, a committee of the town of Brookline, appointed to consider the question of obtaining a supply of pure water for the town, have attended to the duties assigned them, and herewith submit their final report.
A printed report of the action of said committee up to September 3, 1873, was laid before a meeting of said town on the 27th October, 1873. As this report has been widely distributed in the town it will not be neces- sary to refer here to the matters and conclusions contained in the same.
On the appointment of this committee the sum of $5000 was appropri- ated and placed at their disposal to defray the expenses of the investiga- tion. Of this amount $3683.49 has been expended according to an account hereto annexed, leaving $1316.51 in the hands of the Treasurer of the town.
It having been brought to the attention of this committee that the city of Boston, having recently obtained the control of the water supply of Mystic lake, might be in a better position to sell a supply of water to the town than before, an inquiry into the capacity of the source was made. From all the information they could gather after a careful investigation of the subject, your committee reached the conclusion that any additional quantity of water obtainable from Mystic lake would not produce any re- serve for Boston to draw upon, as far as Brookline is concerned, for the reason that all the present and future supply would be required for the locality now dependent on it.
In reference to the supply from Lake Cochituate, the committee were informed that the conduit between the lake and Chestnut Hill reservoir was in a critical condition, and that it was now taxed to its utmost capa- city to meet the wants of the city.
From all the statements made, and information acquired in the pursuit of this investigation, your committee are of the opinion that the town of Brookline would not be justified in expecting to obtain water by purchase from Boston, as she has now none to spare and consumes all she can ob- tain, and your committee do not believe her resources will be availably increased until the introduction of Sudbury river.
In the course of this inquiry your committee had an interview with the Joint Standing Committee on Water of the Aldermen and Council of the city of Boston, and the following communication was laid before them : -
BOSTON, November 28, 1873.
Gentlemen, -The undersigned committee of the town of Brookline on the subject of procuring a supply of pure water for said town, were instructed to apply to the city of Boston as one of the sources of supply. We now desire on behalf of the said town to be informed whether said
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Brookline Town Records.
city will supply said town with water, and if so, upon what terms, the town bearing the expense of its distribution and delivery.
The town is now making contracts for the laying down of water mains through its streets, and has made an appropriation of $200,000 therefor. The town has also made a further appropriation 'of $200,000 for the purpose of constructing an independent system of works from Charles river, and for which full authority has been obtained. The latter appropriation is to be used without delay should our application to said city be unfavorably received.
As the town desires to make the most rapid progress possible in pro- curing a supply of water, you will, we trust, appreciate the importance of an early answer to this communication, as we are instructed to lay your decision in the matter before a meeting of the voters of the town to be held on the 9th of December next, for its final decision.
JAMES M. CODMAN, AUGUSTINE SHURTLEFF,
HENRY V. POOR,
FRANKLIN DARRACOTT,
JOHN C. ABBOTT, S. DANA HAYES, CHARLES H. STEARNS,
Committee on Water Supply for the Town of Brookline.
At this interview, after a general discussion of the matter, the accom- panying vote was passed by a majority, in reply to our communication : -
CITY OF BOSTON, CITY HALL,
IN COMMITTEE ON WATER, DECEMBER 2, 1873.
Voted, That in the opinion of this committee the city of Boston will be enabled to furnish the town of Brookline with 500,000 gallons of water per day as soon as said town provides the necessary facilities for its dis- tribution, and that upon the completion of the new conduit for introduc- ing an additional supply from Sudbury river, said town can be furnished with as large an amount as the inhabitants may desire.
Attest : W. W. CLAPP, Asst. Clerk of Committee.
It was stated, however, that we must not consider this vote as binding on the city government in its action, or upon themselves in any future action, but as the opinion of the majority of the present committee that our low service could be supplied if authorized, but not as expressing an opinion that it would be permitted, or that they should advise such a course.
In conclusion, your committee ask to be discharged.
JAMES M. CODMAN.
FRANKLIN DARRACOTT.
AUGUSTINE SHURTLEFF. J. C. ABBOTT.
HENRY V. POOR.
S. DANA HAYES.
CHARLES H. STEARNS.
T
1
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Annual Meeting, March 24, 1874.
Voted, That the report be accepted and placed on file.
The committee to whom was referred the Seventh Article, viz., "To see if the town will take any action in relation to purchasing land for a cemetery," reported as follows : -
BROOKLINE, Mass., December 9, 1873.
The committee appointed to examine a lot of land for a public ceme- tery have attended to that duty, and report in part.
They unanimously concur in the recommendation of a previous com- mittee, in a favorable judgment of the lot of land belonging to heirs of W. H. Cowan, situated on the corner of Clyde and Warren streets, and containing about 20 acres of land.
Your committee consider this lot as eminently suitable for a public cemetery, and possessing remarkable advantages for development. But as their time and opportunities have not been sufficient for examination in detail, they recommend that this lot be further examined in detail, and that your committee be authorized to employ the aid of competent ex- perts to investigate and report upon this lot and its capabilities, and that a small appropriation be now made for this purpose, to be expended under the direction of the committee. GEO. F. HOMER, Chairman.
Voted, That Messrs. George Tyler and Thomas S. Petten- gill be added to the Committee on the Cemetery, and that the committee be instructed to report in detail, and that the sum of five hundred dollars be appropriated for that purpose.
Voted, That the Committee on Railroad Accommodations be instructed to confer with the Metropolitan and Boston & Albany Railroad Companies for the purpose of obtaining bet- ter railroad accommodations for the town.
Dissolved.
Attest : B. F. BAKER, Town Clerk.
ANNUAL MEETING, MARCH 24, 1874.
SEAL] SEAL
SEAL
WARRANT.
SEAL
SEAL
COMMONWEALTH OF MASSACHUSETTS.
NORFOLK, SS.
To either of the Constables of the Town of Brookline,
GREETING :
In the name of the Commonwealth of Massachusetts, you
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Brookline Town Records.
are hereby required to notify and warn the inhabitants of the town of Brookline, qualified to vote in elections, to meet at the Town Hall in said town, on Tuesday, the twenty-fourth day of March current, at one of the clock in the afternoon, for the following purposes ; to wit, -
First. To choose a Moderator.
Second. To choose the usual town officers for the ensuing year.
Third. To hear and act upon the reports of town officers and com- inittees.
Fourth. To see if the town will accept the list of jurors as revised by the Selectmen, and posted according to law.
Fifth. To see if the town will accept Chapter 38 of the Acts of the year 1873, entitled " An Act to establish a grade in the town of Brook- line."
Sixth. To see if the town will make an appropriation for a bank wall on Prospect street, against the Pierce Grammar and High schoolhouse lots.
Seventh. To see if the town will change the name of Ivy street, from its junction with St. Mary's street to Beacon street, to St. Mary's street.
Eighth. To see if the town will increase the number of the School Committee to twelve, and to elect, in addition to the three members to be elected in place of the three whose term of office expires in 1874, three other members, one for three years, one for two years, and one for one year.
Ninth. To see if the town will accept and allow a new town way lead- ing from Cypress street to Davis avenue, to continue Gorham avenue as laid out and located by the Selectmen.
Tenth. To see if the town will accept and allow a new town way as laid out and located by the Selectmen, leading from Aspinwall avenue to Francis street.
Eleventh. To see if the town will accept and allow a new town way leading from Aspinwall avenue to the Brookline Branch Railroad, and from said new town way to Aspinwall avenue, as laid out and located by the Selectmen.
Twelfth. To see if the town will accept and allow a new town way leading from Harvard street to Winchester street, as laid out and located by the Selectmen.
Thirteenth. To see if the town will accept and allow a niain drain or common sewer, as laid out and located by the Selectmen, from Park street to Harvard street.
Fourteenth. To see if the town will accept and allow a main drain or common sewer from the present sewer by the Brookline Branch Railroad to Charles river, as laid out and located by the Selectmen.
Fifteenth. To consider and act upon the subject of a by-law concern- ing the reports of the several boards, committees, or officers, annually made to the town.
Sixteenth. To act upon the subject of amending or repealing any votes or ordinances concerning a supply of water to the town.
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Annual Meeting, March 24, 1874.
Seventeenth. To consider the subject of settling claims against the town on account of damages from laying out ways and sewers, or raising or lowering roads, and making a by-law thereon.
Eighteenth. To consider the subject of repealing or amending any votes of the town concerning delinquent tax-payers.
Nineteenth. To consider the subject of indexing, copying, and print- ing the town records, and publishing the proceedings of the boards of town officers.
Twentieth. To fix the salaries of town officers.
Twenty-first. To consider and act upon any by-law which may be sub- mitted.
Twenty-second. To consider a by-law forbidding town officers from bidding for town work and contracting therefor.
Twenty-third. To consider the subject of auditing bills or claims against the town.
Twenty-fourth. To see if the town will take any measures for perfect- ing the method of preparing business for the action of the town, or estab- lish any new rules for the guidance of the auditors or other town officers in reference to such preparation of business.
Twenty-fifth. To see if the town will accept Chapter 382 of the Acts of the Legislature of the year 1871, entitled " An Act in relation to better- ments."
Twenty-sixth. To see what action the town will take in relation to pro- viding some suitable memorial of the soldiers from this town who lost their lives in the late war of the rebellion.
Twenty-seventh. To see if the town will accept and allow the change and relocation of Irving street as made and located by the Selectmen.
Twenty-eighth. To raise and appropriate such sums of money as may be required to defray the expenses of the town during the ensuing year, and for any or all of the foregoing articles.
Hereof fail not, and make due return of this warrant, with your doings thereon, to the Selectmen, four days at least before the day of said meeting.
Given under our hands and seals at Brookline aforesaid, this
fourteenth day of March in the year of our Lord one thousand eight hundred and seventy-four.
CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, JAMES W. EDGERLY, DANIEL D. BRODHEAD, Selectmen of the Town of Brookline.
NORFOLK, SS. BROOKLINE, March 19, 1874.
In virtue of the within warrant, I have notified and warned the in- habitants of the town of Brookline, qualified to vote in elections, to meet
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Brookline Town Records.
at the time and place and for the purposes within named, by leaving a printed copy of the same at their usual place of abode four days at least before the day of said meeting.
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