USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 18
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Special Meeting, November 30, 1874.
Fourth. To see what action the town will take upon the petition of George Moulton for allowance of claim.
Fifth. To see if the town will make additional appropriation of seven thousand dollars for support of highways, four thousand dollars for lighting town buildings and streets, four thousand dollars for watering streets, one thousand dollars for support of town stable, and nine thousand three hundred and twenty-seven dollars and eighty-seven cents for con- structing St. Paul's street.
Sixth. To see what action the town will take upon the petition of J. W. Goodenough and others for a park on Goddard heights.
Seventh. 'To see what action the town will take upon the report of the Selectmen as to purchase of land for extension of Brookline-avenue playground.
Eighth. To see what action the town will take upon the report of the Selectmen as to the laying out of Aspinwall avenue, they having been instructed to investigate the whole matter under vote passed at a town meeting held July 16, 1874.
Ninth. To hear and act upon the report of the Selectmen upon the subject of grading Boylston street between Cypress street and land of E. S. Philbrick.
Tenth. To see if the town will authorize the Selectmen to appear be- fore the Legislature and represent the town in any and all matters where the interest of the town may be affected.
Eleventh. To see if the town will authorize the Selectmen to settle the claims of C. L. Palmer and John Panter for land damages on Wash- ington street.
Twelfth. To see what action the town will take upon the petition of Edward Atkinson for a survey of the south part of the town.
Thirteenth. To see what action the town will take upon the recon- mendation of the Selectmen to purchase not exceeding four thousand feet of land, being part of the estate of John Gibbs, situated on the corner of Washington street and School street.
Fourteenth. To see if the town will take any action upon laying out and making sewers or drains in private streets or estates, or any public street.
Fifteenth. To act upon the subject of locating anew and widening any town way or any highway, and applying to the County Commissioners therefor.
Sixteenth. To act upon by-laws, votes, or ordinances already adopted, or to adopt any new by-law, vote, or ordinance which may be proposed.
Seventeenth. To give any instructions to any board, officer, or servant of the town.
Eighteenth. To appropriate a sum of money for sidewalks not ex- ceeding five thousand dollars.
Nineteenth. To see what action the town will take in regard to mak- ing an appropriation of two hundred and fifty dollars to procure archi- tects' plans for alterations on High-school building, and for erecting a new High-school house.
Twentieth. To hear and act upon the report of the committee on the cost of a suitable and appropriate memorial structure in honor of the
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soldiers and sailors from this town who lost their lives in the late war of the rebellion.
Twenty-first. To see if the town will instruct the Water Commission- ers to lay water pipes, with suitable hydrants, on the following streets ; to wit, on Brighton street from Boylston street to the railroad bridge near Reservoir station ; also on Boylston street front Brighton street to Reservoir lane.
Twenty-second. To see what action the town will take for the pur- chase of one or more chemical fire-engines.
Twenty-third. To see if the town will appropriate a sum not exceed- ing three thousand dollars for building a receiving tomb in the new cemetery.
Twenty-fourth. To hear the report of the Selectmen upon the monthly reports of the Water Commissioners.
Twenty-fifth. To see if the town will accept and allow Monmouth street as laid out by the Selectmen.
Twenty-sixth. To see if the town will authorize the preparation and publication of the tax list according to recent custom, with the other annual town reports, and authorize the payment of two hundred and fifty dollars therefor, to be drawn from the appropriation for contingencies.
Twenty-seventh. To see what action the town will take upon the report of the Selectmen in regard to the purchase of twenty acres of land, more or less, adjacent to the new reservoir.
Twenty-eighth. To see if the town will accept and allow Vernon street as laid out by the Selectmen.
Twenty-ninth. To hear and act upon any proposition from Martin L. Hall concerning his petition for damages now pending in the Superior Court for Norfolk County, being a claim for damages to his estate on Marion street by reason of the laying out and making of Marion street by the town, and to see whether the town will settle said case or refer the same to arbitration.
Thirtieth. To see whether the town will pay in full for labor done and materials furnished in the construction of the new Town Hall to claim- ants who have not been paid in full for their bills for such labor and ma- terials.
Thirty-first. To see what action the town will take in reference to a settlement, by reference or otherwise, of the suits of Thomas Aspinwall against the town.
Thirty-second. To see if the town will authorize the Water Commis- sioners to lay water pipes through Summit avenue.
Thirty-third. To see if the town will make an additional appropriation for interest on the town debt.
Thirty-fourth. To raise and appropriate such sums of money as may be required 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 be- fore the day of said meeting.
Given under our hands and seals at Brookline aforesaid, this
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Special Meeting, November 30, 1874.
twenty-first day of November in the year of our Lord one thousand eight hundred and seventy-four.
THOMAS PARSONS, CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, AUSTIN W. BENTON, Selectmen of the Town of Brookline.
NORFOLK, SS. BROOKLINE, November 25, 1874.
By virtue of the within precept, 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 specified, by leaving an attested copy of this warrant at their last and usual places of abode.
J. P. SANBORN, Constable of Brookline.
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 Monday, the thirtieth day of November in the year of our Lord one thousand eight hun- dred and seventy-four, and were called to order at three of the clock in the afternoon by the Town Clerk, who proceeded to read the warrant calling said meeting, and the return thereon of the officer who served the notices.
The First Article taken up :
To choose a Moderator.
The meeting nominated and chose for Moderator Charles H. Drew.
Second Article taken up :
To hear and act upon the reports of town officers and committees. Laid on the table.
Voted, That when this meeting adjourns, it be to meet in this place two weeks from to-morrow, Tuesday, the fifteenth of December next, at three o'clock in the afternoon.
Voted, To adjourn at seven o'clock this evening.
Third Article taken up :
To see if the town will grant an additional appropriation of two hun-
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dred dollars to the Committee on the Evening School, to establish an additional session in the Heath-street district.
Voted, To appropriate two hundred dollars for an evening. session of the adult school in the Heath-street district.
Fourth Article taken up :
To see what action the town will take upon the petition of George Moulton for allowance of claim.
Voted, That the whole matter be referred to the Committee on Town Hall Claims, to report on all the bills paid on ac- count of the Town Hall, and all claims remaining unpaid, at. a future meeting, and that they report in print.
Voted, That Messrs. William A. Wellman and Augustine Shurtleff be added to the committee, and that Mr. Wellman be chairman.
The committee thus formed is composed of the following gentlemen ; viz., William A. Wellman, George F. Homer, James W. Edgerly, Thomas H. Bacon, Augustine Shurtleff.
Fifth Article taken up :
To see if the town will make additional appropriation of seven thou- sand dollars for support of highways, four thousand dollars for lighting town buildings and streets, four thousand dollars for watering streets, one thousand dollars for support of town stable, and nine thousand three hundred and twenty-seven dollars and eighty-seven cents for construct- ing St. Paul street.
The meeting then voted the following appropriations ; to wit, -
For highways, additional, seven thousand dollars.
For lighting town buildings and streets, four thousand dollars.
For watering streets, four thousand dollars.
For support of town stable, one thousand dollars.
For making St. Paul street, nine thousand three hundred twenty-seven dollars and eighty-seven cents.
Sixth Article taken up :
To see what action the town will take upon the petition of J. W. Good- enough and others for a park on Goddard heights.
Voted, That the matter of the Sixth Article be referred to a committee of five, to be appointed by the Moderator, to examine the whole subject and report in print at a future meeting.
The Moderator appointed the following gentlemen to com-
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Special Meeting, November 30, 1874.
pose said committee ; to wit, George F. Homer, Walter C. Cabot, Robert Amory, Edward I. Thomas, A. W. Goddard.
Seventh Article taken up :
To see what action the town will take upon the report of the Select- men as to purchase of land for extension of Brookline-avenue playground.
Voted, That the Seventh Article be referred to the com- mittee appointed on the Sixth Article.
Eighth Article taken up :
To see what action the town will take upon the report of the Select- men as to the laying out of Aspinwall avenue, they having been instructed to investigate the whole matter, under vote passed at a town meeting held July 16, 1874.
On motion of Hon. John Wells, the following preamble and vote were passed ; to wit, -
Whereas doubts have been expressed as to the legality of the laying out of the widening of Aspinwall avenue by rea- son of its previous existence as a highway, and whereas it is desirable that the whole way should be established under the ' same authority as a county road, therefore,
Voted, That the town hereby applies to the County Com- missioners of Norfolk County to locate anew and widen Aspinwall avenue to a width of not less than fifty feet, and that the Selectmen be instructed to present and support said application in behalf of the town.
Thomas H. Talbot, Esq., counsel for Col. Thomas Aspin- wall, stated that if the County Commissioners shall be applied to to lay out Aspinwall avenue as a highway, and they shall make awards therefor, that the awards would not only be ac- cepted by the plaintiff, but that all suits against the town for the present laying out will be abandoned.
Thirty-first Article taken up :
To see what action the town will take in reference to a settlement, by reference or otherwise, of the suits of Thomas Aspinwall against the town.
Voted, That the Thirty-first Article be referred to a com- mittee consisting of Hon. John Wells, Thomas H. Talbot, and Franklin Darracott, to report at the adjourned town meeting.
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Brookline Town Records.
Ninth Article taken up :
'To hear and act upon the report of the Selectmen upon the subject of grading Boylston street between Cypress street and land of E. S. Phil- brick.
Moved by Mr. Oliver Edwards, that the Ninth Article be referred over to the next annual town meeting.
Pending which motion, the hour having arrived at which it was voted that the meeting should adjourn, that is, at seven o'clock in the evening, the Moderator declared the meeting adjourned.
Adjourned.
Attest : B. F. BAKER, Town Clerk.
ADJOURNED SPECIAL MEETING, DECEMBER 15, 1874. .
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 fifteenth day of Decem- ber in the year of our Lord one thousand eight hundred and seventy-four, at three o'clock in the afternoon, and were called to order by the Moderator, Charles H. Drew.
The Ninth Article, which was under consideration at the close of the first meeting, was taken up.
Voted, That the Ninth Article be laid on the table.
Voted, That when this meeting adjourn, it be at seven of the clock this evening, to meet to-morrow evening, the sixteenth instant, at seven of the clock, in this place.
Thirty-first Article taken up for consideration :
To see what action the town will take in reference to a settlement, by reference or otherwise, of the suits of Thomas Aspinwall against the town.
The committee to whom was referred the subject matter of the Thirty-first Article presented the following
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Adjourned Special Meeting, December 15, 1874.
REPORT.
TOWN OF BROOKLINE.
The committee to whom was referred the Thirty-first Article in the warrant, with directions to report thereon at the adjourned meeting to be held December 15, 1874, now report that they have received from Mr. Aspinwall a proposition to submit all claims and matters of controversy connected with the laying out and construction of Aspinwall avenue to the arbitration and final award of three gentlemen, named by him, as referees ; and also to submit all claims growing out of the laying out and construction of the sewer by the line of the railroad to the same referees, or to others to be agreed upon or selected.
This proposition has received the unanimous approval of the Select- men.
The committee therefore submit the proposition to be laid before the town for its action thereon, together with such votes as they deem appro- priate to carry the proposition into effect, if it shall be accepted by the town.
1. Voted, That the proposition of Mr. Thomas Aspinwall, to submit certain claims against the town, and against individuals acting in behalf of the town, to arbitration, be accepted.
2. Voted, That the Selectmen be authorized and instructed to take such action as may be necessary and proper to carry said proposition into effect, and also to protect the interests of the town in the hearings before the referees.
3. Voted, That the Chairman of the Selectmen be authorized to execute and acknowledge, in behalf of the town, any formal agreement of sub- mission that may be required.
All which is respectfully submitted.
Brookline, December 15, 1874.
JOHN WELLS. THOMAS H. TALBOT. FRANKLIN DARRACOTT.
Proposition.
To Messrs. JOHN WELLS, THOMAS H. TALBOT, and FRANKLIN DARRA- COTT, committee appointed by the town meeting of Brookline held November 30, 1874, under the Thirty-first Article in the warrant, to recommend a method of settling the suits of Thomas Aspinwall :
Gentlemen, - Understanding that it will be agreeable to you to receive and consider a proposition from me for a reference of these suits, I sub- mit as follows : -
The suits of Thomas Aspinwall, arising out of the action of the town of Brookline in 1872 and 1873 in laying out and accepting a town way by widening Aspinwall avenue, and in making said town way at its actual grade, that is, from Harvard street to the bridge over the Brookline Branch Railroad, and from that bridge to Brookline avenue, to wit, -
(1) A petition pending in the Superior Court for Norfolk County, alleging damages caused by said widening, and asking that the same may be determined by a jury ;
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Brookline Town Records.
(2) A suit against the inhabitants of Brookline and certain Selectmen for alleged trespass, pending in the same Court ;
(3) A petition to the County Commissioners of said county, alleging damages caused by raising and lowering said highway, and asking that the same may be assessed by a jury, - may be referred for hearing and conclusive determination to a board of referees composed of Hon. John Wells, of Brookline, Hon. William Gaston, of Boston, Hon. Waldo Col- burn, of Dedham.
In this hearing and determination, the above action of the town is to be considered as authorized by law, and the petitioner is to execute, upon payment of the award of said referees, such release as they shall have prescribed in order to secure to the town an easement of way in the land covered by the award, free from any other claim for damages, even if it shall be found expedient to lay out anew the same town way or to lay out or alter the highway so as to extend over the same land, or to take any other proceedings to legalize said action of the town.
The suit against the inhabitants of Brookline in tort, alleging injury to certain lands of Thomas Aspinwall by laying out and constructing a sewer, pending since 1870 in the Superior Court for Norfolk County, may be referred to the same board for like conclusive determination, with authority to prescribe such release as shall be found necessary to secure to the town whatever easement shall be paid for under said award. Or for the last-named two of the above referees may be substituted two en- gineers, one to be chosen by the town and the other by Thomas Aspin- wall.
Along with this last suit, for the purpose of simplifying remedies, may be referred, if the town desires, not otherwise, a suit for part of the same cause of action against James Driscoll, pending in the same Court.
This offer is made on the understanding of the plaintiff that the town has assumed the defense of said suit, and if acceded to is not to be con- sidered as a waiver by the town of any ground of defense.
This proposition is to become binding upon Thomas Aspinwall as soon as accepted by the town in the town meeting which commenced on the 30th November, 1874.
I remain, gentlemen, Your obedient servant, WILLIAM ASPINWALL, Attorney for Thomas Aspinwall.
Brookline, December 8, 1874.
[Endorsement on the above.]
The Selectmen assent to the proposition of the committee appointed by the town, upon the matters of difference between the town and Thomas Aspinwall, to submit the same to Hons. John Wells, William Gaston, and Waldo Colburn as arbitrators.
THOMAS PARSONS, CHARLES D. HEAD, CHARLES K. KIRBY, HORACE JAMES, AUSTIN W. BENTON,
Selectmen.
Brookline, December 14, 1874.
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Adjourned Special Meeting, December 15, 1874.
Voted, To accept the report.
Voted, That the votes recommended be adopted.
The meeting then passed the following votes ; to wit, -
Voted, That the proposition of Mr. Thomas Aspinwall, to submit certain claims against the town and against individuals acting in behalf of the town, to arbitration, be accepted.
Voted, That the Selectmen be authorized and instructed to take such action as may be necessary and proper to carry said proposition into effect, and also to protect the interests of the town in the hearings before the referees.
Voted, That the chairman of the Selectmen be authorized to execute and acknowledge, in behalf of the town, any formal agreement of submission that may be required.
Voted, To take up the Sixth and Seventh Articles which had been referred to a committee.
Laid on the table.
Voted, To take up the Twentieth Article :
To hear and act upon the report of the committee on the cost of a suitable and appropriate memorial structure in honor of the soldiers and sailors from this town who lost their lives in the late war of the re- bellion.
The committee to whom was referred the subject matter of the Twentieth Article presented the following report ; to wit, -
REPORT.
The committee appointed at town meeting held April 27, 1874, to "' ascertain the cost of a suitable and appropriate memorial in honor of the soldiers and sailors of this town who lost their lives in the late war of the rebellion," have endeavored to attend to their duty, and respect- fully report, that after careful examination the committee soon decided that the simple and only duty before them was to ascertain the cost of such memorial, and report upon the same at a future town meeting. .
Accordingly, in surveying the field, and before making much progress in ascertaining cost, the committee found, upon consultation, that they were unanimous in the opinion that a people of the intelligence, patriot- ism, wealth, and critical taste existing in the town of Brookline, need place little dependence on the experience of neighboring towns who have already acted in the matter, with more or less success, - particularly the latter, - but under such differing circumstances as to make their experi- ence a very imperfect guide for this town.
They therefore at once took measures to ascertain the cost of an architectural structure, which they believed would be in better keeping with the subject, because free from party or military bias, and calculated
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Brookline Town Records.
to commend itself to the general observer, as well as those of more culti- vated taste. This would also have the additional merit of being adapted to answer as a memorial structure in behalf of those residents of the town who fell in the war of the revolution, in case the town so desired.
As the result of their investigation, which has been pursued with. considerable care, they are quite satisfied that "a suitable and appro- priate soldiers and sailors' memorial " structure of an architectural char- acter, and in good taste, and one that will be a substantial and attractive ornament to the town, of ten or twelve feet base, and from twenty-five to forty feet in height, can be thoroughly built in the best material of Concord or of rose-colored granite, done in the finest and most artistic manner, including the cost of everything excepting the small item of grading and fencing, for the sum of eighteen thousand dollars ($18.000).
It should perhaps be yet more distinctly stated that this sum of eighteen thousand dollars ($18,000) cost has been arrived at through the judgment of careful and experienced architects, who have exhibited sketches and plans, and also from actual proposal given by responsible contractors who offer to give bond to build the structure for the sum named.
The committee would willingly have gone further and reported de- signs and plans, as some may perhaps have expected they would do, but the vote under which they acted restricted them to the points they have presented herein, and, rather than exceed their powers, they preferred to leave further action to a building committee, to whom such mat- ters would properly belong, should the town see fit to act in this direc- tion. The committee would only add that they have expended but two thirds of the town appropriation allowed to them for investigating the matter; viz., the sum of two hundred dollars ($200), and respectfully ask to be discharged.
Respectfully submitted,
Brookline, December 14, 1874.
MILTON J. STONE. WILLARD Y. GROSS. GEO. P. RICHARDSON. B. F. BAKER. H. M. WHITNEY.
Voted, To accept the report. On motion of George F. Homer, it was -
Voted, That the subject be referred back to the same com- mittee, to consider the whole subject of a memorial structure or tablets in the Town Hall, and report the cost of same.
Sixth Article taken up from the table ; to wit, -
To see what action the town will take upon the petition of J. W. Goodenough and others for a park on Goddard heights.
The committee to whom the subject of this article had been committed, presented their report thereon, which had been printed and distributed among the voters of the town.
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Adjourned Special Meeting, December 15, 1874.
Voted, To accept the report, which was placed on file.
After considerable discussion upon the subject of the fore- going article, it was -
Voted, That the Sixth Article be indefinitely postponed.
Seventh Article taken up :
To see what action the town will take upon the report of the Select- men as to the purchase of land for extension of Brookline-avenue play- grounds.
Voted, That the Seventh Article be indefinitely postponed. Twelfth Article taken up :
To see what action the town will take upon the petition of Edward Atkinson for a survey of the south part of the town.
Voted, That the Twelfth Article be indefinitely postponed.
Twenty-seventh Article taken up :
To see what action the town will take upon the report of the Select- men in regard to the purchase of twenty acres of land, more or less, adjacent to the new reservoir.
Voted, That the Twenty-seventh Article be indefinitely postponed.
Twenty-second Article taken up :
To see what action the town will take for the purchase of one or more chemical fire-engines.
Dr. Robert Amory moved that the Board of Selectmen be authorized to purchase one or more chemical fire-extinguish- ers, to be placed under the authority of the Board of En- gineers, in different portions of the town remote from engine houses, and that one thousand dollars be appropriated for that purpose.
Pending which motion, the hour having arrived at which the meeting was to be adjourned, seven o'clock, the Moderator declared the meeting adjourned.
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