USA > Massachusetts > Norfolk County > Brookline > Town records of Brookline, Massachusetts, 1872-1884, v. 3 > Part 26
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Second Article laid on the table.
Voted, To take up the Twenty-second Article :
To see if the town will accept and allow a public main sewer from Washington Street to Charles river, as laid out and located by the Select- men.
Mr. Thomas Parsons moved "That the sewer as laid out be accepted and allowed," pending which it was -
Voted, To adjourn to Wednesday, the nineteenth instant, at three of the clock in the afternoon.
Adjourned.
Attest : B. F. BAKER, Town Clerk.
ADJOURNED SPECIAL MEETING, JANUARY 19, 1876.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town
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Adjourned Special Meeting, January 19, 1876.
Hall in said town, on Wednesday, the nineteenth day of Janu- uary in the year of our Lord one thousand eight hundred and seventy-six, and were called to order at three of the clock in the afternoon by the Moderator, William I. Bowditch.
The motion of Mr. Thomas Parsons under the Twenty- second Article, which was under consideration at the close of the last meeting, was then taken up; to wit, -
That the sewer as laid out be accepted and allowed.
After considerable discussion upon the subject, the Mod- erator ruled the motion out of order.
Second Article taken up :
To hear and act upon reports of town officers and committees.
The report of the Selectmen in relation to sewers taken up : On motion of Mr. John W. Candler, it was -
Voted, That the report of the Selectmen of Brookline con- cerning a system of sewerage be referred to a committee with instructions to consider whether the present system of sewers cannot be extended so as to meet the immediate necessities of the town until a more complete and extensive plan can be de- vised and executed ; and also to confer with the Commission- ers of Sewers and other proper officers of the city of Boston with reference to making such a system in conjunction with that of the city, and to consider the subject of freeing the natural water courses of the town from all sewage matter.
Voted, That the committee consist of William I. Bowditch and four citizens to be appointed by the Moderator.
The Moderator appointed the following gentlemen as the other four members of said committee ; to wit, Thomas Par- sons, James M. Codman, John W. Candler, and Henry M. Whitney.
Voted, That Mr. William I. Bowditch be chairman of the committee.
The committee chosen to consider the subject of sewerage is as follows ; viz., William I. Bowditch, Thomas Parsons, James M. Codman, John W. Candler, Henry M. Whitney.
Voted, That the committee be requested to report, if pos- sible, at the March meeting.
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Brookline Town Records.
Voted, To adjourn to meet on Thursday, the twenty-seventh instant, at three of the clock in the afternoon.
Adjourned.
Attest : B. F. BAKER,
Town Clerk.
ADJOURNED SPECIAL MEETING, JANUARY 27, 1876.
Pursuant to adjournment, the inhabitants of the town of Brookline, qualified to vote in elections, met at the Town Hall in said town, on Thursday, the twenty-seventh day of January in the year of our Lord one thousand eight hundred and seventy-six, and were called to order at three of the clock in the afternoon by the Moderator, William I. Bow- ditch.
The records of the last meeting were read and approved.
Second Article taken up :
To hear and act upon reports of town officers and committees.
On motion of George Griggs, Esq., it was -
Voted, That the committee to whom was referred the re- port of the Selectmen of Brookline concerning a system of sewerage, be instructed to consider and report upon the sub- ject of such legislation as may be necessary, if any, as will enable Brookline and Boston to act in conjunction in provid- ing a sewer for the district on both sides of Muddy river.
Mr. Henry M. Whitney presented the report of the Com- mittee on the Fire Department, which had been printed and distributed among the inhabitants.
Voted, To accept the report.
Mr. Charles H. Drew presented the majority and minority reports of the Committee on the Soldiers and Sailors' Monu- ment, which had been printed and distributed among the in- habitants.
Voted, That the reports be accepted and the committee discharged.
Seventh Article taken up :
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Adjourned Special Meeting, January 27, 1876.
To see if the town will elect Park Commissioners; and, if it shall so determine, to elect the same under the provisions of Section sixteen of Chapter one hundred and eighty-five of the Acts of the General Court in the year 1875, entitled " An Act for the laying out of public parks in or near the city of Boston," on petition of Edward Atkinson and others.
Voted, That the subject of the Seventh Article in the war- rant be referred to a committee consisting of William I. Bow- ditch, John W. Candler, and Theodore Lyman, with instruc- tions to confer with the Park Commissioners of Boston with regard to the establishment of a park, and to report at an adjourned meeting, or some future meeting, what action it is advisable for the town to take in the premises.
Third Article taken up :
To hear and act upon the final report of the Water Commissioners, and to see if the town will raise and appropriate such sum of money as shall be necessary to pay all liabilities incurred by them in the construction of the water works.
Charles H. Drew, Esq., presented the final report of the Water Commissioners of the town of Brookline, which had been printed and distributed among the inhabitants.
Voted, That the final report, and the other reports of the Water Commissioners to the town, or the Selectmen, and their accounts and reports of their engineer, with other ac- companying documents, be referred to a committee of five to be appointed by the Moderator, with instructions to fully examine the matters therein referred to, and report thereon to this or a future meeting, in print.
The Moderator appointed the following gentlemen to com- pose said committee ; to wit, George Griggs, Edward Atkin- son, Henry M. Whitney, Alfred D. Chandler, William A. Wellman.
Voted, That the Water Commissioners have charge of the maintenance of the water works until further order of the town.
Sixth Article taken up :
To see if the town will choose or appoint a Water Board, agreeably to the provisions of Chapter 343 of the Acts of the year 1872.
Voted, That the Sixth Article be laid on the table.
Voted, That the Seventh Article be laid on the table.
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Brookline Town Records.
Eighth Article taken up :
To see if the town will direct the Selectmen to cause the gas to be lighted all night at the corners of streets, on the petition of W. B. Trull and others.
Voted, That the Selectmen be directed to cause the gas to. be lighted all night at the corners of the streets.
Tenth Article taken up :
To see if the town will authorize the building of a new bridge over the. railroad tracks of the New York & New England Railroad Company at. the crossing on Brighton street, near the Reservoir Station, on the petition of Jacob W. Pierce and others.
Voted, That the subject of the Tenth Article be referred to the Selectmen, to report thereon at an adjourned meeting.
Voted, To adjourn, to meet in this place on Tuesday, the first day of February next, at seven of the clock in the even- ing.
Adjourned.
Attest : B. F. BAKER, Town Clerk. .
ADJOURNED SPECIAL MEETING, FEBRUARY 1, 1876.
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 first day of February in the year of our Lord one thousand eight hundred and sev- enty-six, and were called to order at seven of the clock in the evening by the Moderator, William I. Bowditch.
The records of the last meeting were read and approved.
On motion of Mr. Henry V. Poor, it was -
Voted, That the vote of the town passed at the last meet- ing, January the twenty-seventh, whereby the town voted to accept the report of the Committee on the Fire Depart- ment, be and hereby is reconsidered.
Voted, That the report be recommitted to said committee, to report at a future meeting.
Tenth Article taken up :
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Adjourned Special Meeting, February 1, 1876.
To see if the town will authorize the building of a new bridge over the railroad tracks of the New York & New England Railroad Company at the crossing on Brighton street, near the Reservoir Station, on the petition of Jacob W. Pierce and others.
The Selectmen, to whom was referred the subject of the Tenth Article, presented the following report ; to wit, -
OFFICE OF THE SELECTMEN, BROOKLINE, Mass., January 31, 1876.
The Selectmen, to whom was referred the 10th Article in the warrant, would respectfully report that they have received the following com- munication from Charles P. Clark, Esq., General Manager of the New York & New England Railroad.
THOMAS PARSONS, HORACE JAMES, AUSTIN W. BENTON, Selectmen of Brookline.
FORM 1 C.
NEW YORK AND NEW ENGLAND RAILROAD. GENERAL MANAGER'S OFFICE. BOSTON, January 29, 1876.
THOMAS PARSONS, Chairman Board of Selectmen, Brookline, Mass.
Dear Sir, - This company will undertake to make the alteration of the bridge and abutments at the crossing of our railroad at Brighton street, as determined by the County Commissioners, as soon as the season is suitable, provided the town will make an appropriation therefor of 5000 dollars, or so much thereof as shall be necessary.
It is likely that in the course of the alteration a part of the work should be done at the expense of this company, and to determine what part of the cost of the whole shall fall upon the town of Brookline under the award of the special commission, and what part shall be paid by this company, we will agree to refer the division to Edward S. Philbrick, Esq.
Yours truly, CHARLES P. CLARK, General Manager.
Voted, That the report be recommitted, with instructions to negotiate with the railroad company with reference to the reconstruction of this bridge and saving the town from all damages during the building of the same, together with the cost of the new bridge, and report to the town all the facts connected therewith.
Voted, That the Selectmen be authorized to employ men for the next four weeks to prepare road material for use the ensuing year, and to pay the same from any unexpended bal- ance of any appropriation now in the treasury.
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Brookline Town Records.
Mr. Charles H. Drew, Chairman of the Water Commission- ers, requested leave to present a supplementary report to the final report of said commissioners.
Voted, That the Water Commissioners have authority to make a supplementary report, and that the same be referred to the same committee to whom were referred the final re- port and other reports of said commissioners.
Mr. Charles H. Drew, Chairman of the Water Commis- sioners, then presented a supplementary report to the final report of said commissioners.
Voted, That the supplementary report of the Water Com- missioners be referred to the committee to whom were re- ferred the final report and other reports of said commis- sioners.
Twenty-third Article taken up :
To see if the town will raise and appropriate money to construct sew- ers in the streets of the town.
Voted, That the Twenty-third Article be referred to the annual town meeting.
Twenty-fourth Article taken up :
To raise and appropriate such sums of money as may be required for any or all of the foregoing articles.
Voted, That the Twenty-fourth Article be indefinitely post- poned.
Took up the report of the Committee on Rates and Regu- lations for the use of water.
Voted, To accept the rates recommended by the committee in their report from the fifth to the seventh page.
Voted, That the meeting be dissolved.
Dissolved.
Attest : B. F. BAKER,
Town Clerk.
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Citizens' Meeting, November 24, 1875.
CITIZENS' MEETING, NOVEMBER 24, 1875,
TO TAKE ACTION IN RELATION TO THE DEATH OF THE HON. JOHN WELLS.
At a special meeting of the inhabitants of the town duly notified and warned, and holden on Thursday, the thirtieth day of December in the year of our Lord one thousand eight hundred and seventy-five, the Fourteenth Article in the war- rant calling said meeting was as follows ; to wit, -
To see if the town will vote to enter upon its records the resolutions adopted at a meeting of the citizens of Brookline, held on the evening of November 24, 1875, to take action with reference to the death of the Hon. John Wells.
The foregoing article being up for action, it was -
Voted, Unanimously, by a rising vote, that the resolutions in reference to the death of the Hon. John Wells, passed at a meeting of the citizens held on the evening of the twenty-fourth day of November, 1875, be entered upon the town records.
The proceedings, action, and resolutions of said meeting are as follows ; to wit, -
" CALL. " In Memoriam.
" The citizens of the town of Brookline are respectfully in- vited to meet at the Town Hall, on Wednesday evening, the 24th instant, at seven and a half of the clock, to take such action as they may deem suitable in relation to the death of our highly esteemed fellow citizen, the Hon. John Wells.
" Brookline, November 23, 1875."
In pursuance of the foregoing notice, a large number of the inhabitants of the town of Brookline met at the Town Hall in said town, on Wednesday, the twenty-fourth day of November in the year of our Lord one thousand eight hun- dred and seventy-five, and were called to order at a quarter to eight of the clock, by Thomas Parsons, Esq., Chairman of the Board of Selectmen, who addressed the meeting as fol- lows : -
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Brookline Town Records.
" Fellow Citizens :
" We are called upon to mourn the loss of one of our best beloved and most highly respected fellow townsmen. It has pleased our heavenly Father, in his divine providence, to take from our midst by death Honorable John Wells, a true, earnest citizen, an eminent jurist, and an upright judge.
" The Selectinen have considered it their duty to invite the citizens of Brookline to meet this evening and take such action as they may consider best adapted to express their love and respect for the deceased."
Mr. Parsons then introduced as officers of the meeting : Chairman, Theodore Lyman ; Secretaries, B. F. Baker and William Hobbs.
The meeting was then called to order by the chairman and prayer was offered by Rev. Mark Trafton, D.D.
George F. Homer, Esq., for the committee appointed by the Selectmen, viz., George F. Homer, John W. Candler, James S. Whitney, Ginery Twichell, Albert Mason, and Thomas Talbot, presented and read the following resolutions, and moved their acceptance ; to wit, -
" Resolved, that the inhabitants of Brookline desire to ex- press their deep sense of their loss sustained in the death of their townsman, Hon. John Wells.
" The Commonwealth loses an upright and eminent judge, taken away in the full vigor of his powers, and from the promise of many years of useful and distinguished service.
" But we feel an added loss, that of a wise fellow citizen, devoted to the welfare of our own community, and active to promote its highest interests, and of a man, our neighbor, genial, friendly, and noble.
"This conscientious attention to the duties of citizenship especially claims our grateful recognition. Notwithstanding the exhaustive labors of his position, he gave his large powers of mind to questions in town affairs with the direct earnest- ness and simplicity of a genuine desire to serve. No man among us contributed more to the solution of difficulties in
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Citizens' Meeting, November 24, 1875.
town deliberations. He has left us an example of high pur- pose in the performance of public duties well worthy of study and imitation.
" Resolved, that in token of our earnest sympathy with the family from whose head our departed friend has been taken, and into the privacy of whose great bereavement we would not enter, the Town Clerk be requested to transmit to them a copy of these resolutions."
Mr. Homer then in continuation remarked that, once be- fore, a number of years ago, the citizens of Brookline were called together to take action in relation to the death of Daniel Webster, and the meeting held in the town at that time similar to this did them good, and he was glad that the Selectmen had called the citizens together for the purpose of taking measures expressive of their feelings on this occasion. He loved to think of the deceased as a judge, as a man, as a citizen. He was spoken of in the resolutions as a just judge. The constitution allowed us to have judges not perfect, but as upright and as impartial as it was possible for man to be. Judge Wells was such a man. It was more customary in our day to hear of a partial judge ; but the deceased was a man who could be trusted behind the door, in the lobby, talking with your opponent. He was not influenced by the fact whether or not the man before him as he sat on the bench was a friend or a member of the same club. He was the beau ideal of a true American scholar, seeking to give to his town the benefit of his great learning. He did injustice to no man because he was poor or ignorant. He was courteous, urbane, and genial in public and private, and he could be commended by his fellow citizens as a model. They could hold him up and say to all : "That is what Massachusetts institutions have done. We present him to you as a model judge, man, and citizen."
Moses Williams, Jr., Esq., seconded the motion and said, that the death of Judge Wells has caused a serious and severe loss in the community, such as had never been within his remembrance. Departing this life at about the same period that the late Chief Justice Shaw was entering upon his judi- cial career, he would yet compare favorably with him. In
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Brookline Town Records.
some departments he was not equalled by any other on this side of the Atlantic, and in the department of equity and the complicated law of real property he had few superiors. His judicial temper was unrivalled, his dignity was real and not assumed, and his kindness and consideration for others were most marked. No one was ever wounded by him or rebuked without cause. His character combined all the elements of strength and sweetness. He was always plain, simple John Wells. In the church of which he was a member his death has left a void which cannot be filled. He was a man, a true type of an American citizen.
The resolutions were then unanimously adopted.
Several gentlemen then addressed the meeting in remarks eulogistic of Judge Wells.
Mr. Edward Atkinson said, -
" Language is inadequate to convey our thoughts when laboring under deep feelings.
" The action of Judge Wells among his fellow citizens was such as to bring out the best results from controversy and heated debate ; that during his long residence in Brook- line he had never known any one to obtain such paramount influence as Judge Wells. In all debates and controversies in regard to town affairs he had always guided the citizens out into clearness and right, and when men had differed from him they were more apt to look to see where they were wrong rather than where he was. And in all the higher depart- ments of life, and in that high occupation of man, the law, he had added to the sum of useful thoughts, and there would not be a citizen of Massachusetts whose condition would not in some sense be better for the works of the upright judge.",
Hon. Ginery Twichell said the town had sustained a great loss in the death of Judge Wells, whom he said was kind and honorable in all the duties of life, and that but few men occupying his position would take so much interest and such an active part in the affairs of the town as he did.
Mr. William H. Lincoln believed that there are no acci- dents in the economy of God, and in the loss of our neighbor and friend we recognize His wisdom, and to it in this event
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Citizens' Meeting, November 24, 1875.
315
we reverently bow. His interest in town affairs was deep and sincere, and in them we shall miss his kind and able counsels.
Mr. William I. Bowditch said, "I have known him long and well. We were students together in the law school, and then, as in his later life, he was faithful, pure, and good."
Gen. James S. Whitney spoke of the early life of Judge Wells, and of his universal reputation for wisdom and integ- rity. In all the relations of life he has acquitted himself well. In the legislation of the town he was a participator, and aimed to promote its best interests.
Mr. John W. Candler said, we have come up here in this public place to express our appreciation of the eminent man who was loved and respected by us all, and that he rejoiced that in speaking of Judge Wells they did not have to draw the mantle of charity over any acts or blemishes in his char- acter, which would seem to show that the clods of earth were about him. He and our late Vice President, Henry Wilson, were somewhat alike, and they both had sympathies with the people. Therefore, let us cherish the memories of the great and good men who have served us.
Mr. Thomas H. Talbot spoke of Judge Wells as a man of truly liberal culture, courteous and pleasant in all his inter- course with his fellow man ; at ease himself, he had the rare and happy faculty of making all others at ease who conversed with him. He studied the ways that make for peace, and was unusually attentive to the duties which led to good neigh- borhood and kind feelings. He did what he could to lift society to a higher level, and that he always took a deep interest in his church and the denomination, and that his reli- gious feelings were deep and earnest.
On motion of George Griggs, Esq., it was -
Voted, That the Selectmen be requested to insert an article in the warrant for the next town meeting to see if the town will cause the proceedings of this meeting to be entered upon the records of the town.
Attest : B. F. BAKER,
Town Clerk.
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Brookline Town Records.
ANNUAL MEETING, MARCH 20, 1876.
WARRANT. 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 Monday, the twentieth 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, including one Commis- sioner of the Sinking Fund for three years.
Third. To hear and act upon the reports of town officers and com- mittees.
Fourth. To hear and act upon the report of the Water Commissioners.
Fifth. To see if the town will accept the list of jurors, as revised by the Selectmen and posted according to law.
Sixth. To hear and act upon the report of the Engineers of the Fire Department.
Seventh. To see what action the town will take upon the claim of John McCormack, for work done and material furnished on Washington street.
Eighth. To see if the town will petition the County Commissioners to relocate and Widen Grove street, upon the petition of W. A. Humphrey and others.
Ninth. To see if the town will raise and appropriate money to con- struct sewers in the streets of the town.
Tenth. To see if the town will raise and appropriate such sums of money as may be necessary to maintain the water works and to pay for the laying of water pipes during the current year, agreeably to the pro- visions of Chapter 343 of the Acts of the year 1872.
Eleventh. To see if the town will choose a Water Board, and ordain and establish such rules and regulations as may be authorized by Chapter 343 of the Acts of the year 1872, for the government of said board.
Twelfth. To see if the town will authorize the Selectmen to give a confirmatory deed of a piece of land sold by the town to Thomas Seaverns, March, 1867.
Thirteenth. To see if the town will fill up the location bordering the
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Annual Meeting, March 20, 1876.
Western avenue and the former school-house lot, so as to prevent water from becoming stagnant there, upon the petition of Edward O'Halloran and others.
Fourteenth. To see if the town will appropriate the sum of five hun- dred dollars for out-door evening concerts on the public play-ground this coming summer, on the petition of Eugene S. Morse and others.
Fifteenth. To act upon by-laws already adopted, or to adopt any new by-law which may be proposed.
Sixteenth. To see if the town will choose a Board of Health.
Seventeenth. To see if the town will raise and appropriate money to pay claims against the town.
Eighteenth. 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 be- fore the day of said meeting.
Given under our hands and seals at Brookline aforesaid, this seventh day of March in the year of our Lord one thousand eight hundred and seventy-six.
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