USA > New Hampshire > Grafton County > Lebanon > History of Lebanon, N.H., 1761-1887 > Part 27
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Your Committee further report that a house constructed on this plan will be well adapted to town purposes and business, and for public use; comfortable at all times, sufficiently large and commodious, and so well arranged as to be adapted, not only to meet the wants and requirements of the town at the present time, but sufficient also to meet the demands and requirements of the future growth and increased population of the town, for town purposes and uses on public occasions.
Your Committee also report that they have made liberal and careful estimates of the cost of remodeling and repairing the house, agreeably to the proposed plan, calculating the cost of every separate item by it- self necessary to alter and repair the same in a good plain and work- manlike manner, and estimate that the cost will not exceed $6487.
Signed
A. W. Baker, F. A. Cushman, J. C. Sturtevant, J. W. Gerrish, Martin Buck.
298
HISTORY OF LEBANON.
After reading the report the following resolution was adopted :
Resolved that the town do alter and repair the old Meeting-House for town purposes, agreeably to the plan reported by the Committee, and that a Committee of three be appointed by the Moderator to superin- tend and conduct said alterations and repairs, and that the work be commenced and carried on to completion as economically and expedi- tiously as may be, and make report of their doings at the first town meeting thereafter.
Resolved that the pews and interests of the Universalist Society in the Town Hall be appraised; that the Selectmen be instructed to appoint a Committee of three disinterested persons, one of whom shall be chosen by themselves, one of whom shall be nominated by the pewholders, and one by the society, the same to constitute a Committee to appraise the pews and the interests of said Society, and to pay to said pewholders and Society, the full value of their respective interests, as determined by such appraisal, upon demand.
It is to be noted that a distinction is made between pew- holders and the society ; this was necessary because some of the pew-holders were not connected with the society, some of the people never having parted with their interest in pews bought originally of the town.
Resolved that the Selectmen be authorized to raise by loan, and give town notes, a sum of money sufficient to make such alterations and re- pairs of the Town House as have been voted, and to purchase the in- terests of the pew-holders and the Society, at their appraised value- the sum so raised not to exceed eight thousand dollars.
The committee appointed by the moderator to superintend the alterations and repairs was Jesse E. Sturtevant, Lewis C. Pattee and Horace Hatch.
At a meeting held November 3, 1868, the following vote was passed: "That the Selectmen be authorized to appoint some suitable person, whose duty it shall be to take charge of the Town House, and to have the entire charge of the same, subject to said Selectmen, and that they be further authorized and in- structed to fix the rules, regulations and prices for the use of the [Hall] for all purposes, and that all persons using or renting said hall or house shall be subject to and governed by said rules and regulations." William H. Richardson was the first agent for the town hall.
At the same meeting the following resolution was adopted :
Resolved that E. J. Durant, A. M. Shaw, J. C. Sturtevant, Lewis Pat- tee, J. W. Gerrish, and such others as may be associated with them,
EDWARD J. DURANT.
-
ALBERT M. SHAW.
299
HISTORICAL MISCELLANY.
be allowed, at their own expense, to put into the Town Hall building suitable gas fixtures for lighting the same, and that the free use of the Town Hall be given to them for the purpose of holding seven concerts or other public gatherings to raise money to compensate them for the money so advanced; said fixtures to be the property of the town.
At the annual meeting, 1869, P. E. Davis, O. W. Burnap and George Blood were appointed a committee to investigate the accounts of the Town Hall Building Committee and report to the selectmen.
At the annual meeting in 1870 the town "voted to pay L. C. Pattee & others for labor and material expended on the Town Hall basement: to assume the indebtedness of the Gas Asso- ciation for the gas fixtures in the Town Hall; that the Select- men be instructed to finish up the basement story and tower of Town Hall, and the painting of the building as they think proper, either by contract or otherwise."
The cost of these alterations and repairs, as found in the re- port of committees in accordance with the foregoing instruc- tions, was as follows :
Total expenditures less amount received for ma-
terial sold $11,746.57
Amount paid to pew-holders and Universalist Soc 1,500.00
Cost of Lower Town Hall 1,621.00
$14,867.57
To this should be added cost of gas fixtures, &c.,
which is not easy to ascertain exactly, say 1,000.00
$15,867.57
This practically finishes the strange history of the meeting- house to date, resulting in a town house equal in all respects to any then existing in the state.
PURCHASE OF HOSE.
At the annual meeting in 1868, the town voted to raise $500 to purchase hose for Engine No. 2, to be expended under the direction of the selectmen.
COMMON-REGULATIONS.
At a special meeting June 9, 1868, the town voted to estab- lish certain regulations for the protection and preservation of
:
300
HISTORY OF LEBANON.
its park or Common. The regulations established at this meet- ing were subsequently changed and the following adopted, August 8, 1868 :
1 No person shall play at any game of ball or other games without permission of the Committee.
2 No person shall pass or cross the same except upon the gravelled walks.
Resolved that the Committee chosen to enforce such regulations be authorized to place upon the park or common notices of said regulations, and have the care of the common
A penalty of five dollars was established for every violation of these regulations, to be recovered "in an action of Debt. by the Committee, and the fines to be used for the improvement of the Common. Joseph W. Gerrish, E. J. Durant and E. A. Ken- drick, Committee."
TOWN POUND.
At a special meeting May 21, 1869, the town voted to instruct the selectmen to sell the interest of the town in the town pound, near Solon A. Peck's, at auction or by private sale.
1870 TO 1880. POLITICAL AFFAIRS.
At the annual meeting, 1870, the following was the vote for governor :
Lorenzo D. Barrows, T., 4 votes; Samuel Flint, Asst. D., 43; John Bedell, D., 159; Onslow Stearns, R., 484.
In the state, Barrows, 1,135; Flint, 7,369; Bedell, 25,058; Stearns, 34,847.
For the first time a distinctly temperance ticket appears in town and state. An Assistant Democrat was a Labor Reformer.
In 1871 the vote in the town for governor was : James A. Weston, D., 203; James Pike, R., 489. No temperance vote ap- pears in the town.
In the state, scattering, 24; Horton D. Walker, 17; Albert G. Comings, T., 314; Lemuel P. Cooper, Asst., 782; James Pike, R., 33,892; James A. Weston, D., 34,700.
In 1872 the vote in the town for governor : James A. Weston, D., had 281 votes; Ezekiel A. Straw, R., 570.
In the state, scattering, 14; John Blackmer, T., 436; Lemuel
301
HISTORICAL MISCELLANY.
P. Cooper, Asst. D., 446; James A. Weston, 36,584; Ezekiel A. Straw, 38,752.
In 1873 the vote of the town for governor was: John Blackmer, T., 1; Samuel K. Mason, Asst. D., 1; James A. Weston, D., 244; Ezekiel A. Straw, 482. In the state: Mason, 687; Blackmer, 1098; Weston, 32,016 ; Straw, 34,023.
In 1874 the vote of the town for governor was: John Black- mer, T., 2; James A. Weston, 290; Luther McCutchins, R., 487. In the state: Scattering, 40; Luther McCutchins, 34,143; James A. Weston, 35,608; John Blackmer, 2,100.
In 1875 the vote of the town for governor was: Person C. Cheney, R., 597 ; Hiram R. Roberts, D., 322. In the state: Scat- tering, 19; Nathaniel White, 773; Roberts, 39,121; Cheney, 39,293.
In 1876 the vote of the town for governor was: Person C. Cheney, R., 640; Daniel Marcy, D., 289. In the state: Scatter- ing, 14; Asa T. Kendall, T., 411; Marcy, 38,133; Cheney, 41,761. The total vote in the state was 80,319, the largest vote ever given up to that time for governor and not reached for many years after.
At the annual meeting, 1877, the vote for governor was: Dan- iel Marcy, D, 261; Benjamin F. Prescott, R., 601. In the state : Asa S. Kendall, T., 338; Marcy, 36,721; Prescott, 40,755.
At the annual meeting, 1878, the vote for governor was: Frank A. McKean, D., 255; Benjamin F. Prescott, R., 555. In the state: Samuel Flint, 269; Asa S. Kendall, T., 205; Frank A. Mckean, 37,860; Benjamin F. Prescott, 39,372.
At this time a law making elections for all officers, except those for a town, biennial was passed and another election was held November 8 of the same year, at which the vote of the town for governor was: Warren G. Brown, Greenback, 30; Frank A. McKean, D., 259; Natt Head, R., 526. In the state: Kendall, T., had 91; Brown, 6,407; Mckean, 31,135; Natt Head, 38,075. The most noticeable feature of this period in political matters is the nearly equal division of the two leading parties.
302
HISTORY OF LEBANON.
TOWN .BONDS.
For some years the town had declined to fund its debt, but at the annual meeting in 1871 the following resolution was adopted :
Resolved that the sum of forty-thousand dollars of the indebtedness of the town of Lebanon be bonded in conformity with the provisions of chapter nineteenth of the laws of 1870, and that bonds to that amount are hereby authorized to be issued, payable as follows: Ten Thousand Dollars Jan 1st 1877; Ten Thousand Dollars January 1st 1882; Ten Thousand Dollars January 1st 1887; Ten Thousand Dollars January 1st 1892. Said Bonds shall interest Coupons attached to them, which interest shall be at the rate of six per cent per annum, payable Semiannually in Gold at the Bank of Lebanon; and that three persons shall be appointed by the Selectmen, who, together with said Select- men, and the Treasurer of the Town, shall constitute a Committee of seven, who shall determine the denomination of said Bonds procure the same, and dispose of them as they may deem to be for the interest of the town
Only $30,000 of the amount authorized was bonded, bringing a premium of $300. The bonds were redeemed from time to time as they matured; they were occasioned by the "war debt" of the town.
HAY SCALES.
In 1871 H. B. Benton received permission to erect hay scales at the west end of the common.
HANOVER STREET BRIDGE.
A bridge had been erected across the river on Hanover Street, a wooden and covered bridge. Objections were made to it as unsightly, as cutting off the views of some, and likely to cause collisions of teams entering from opposite ends. Upon applica- tion of ten or more legal voters a special meeting of the town was called by the selectmen, August 19, 1871, when the following reso- lution was adopted :
Resolved that the Selectmen be and hereby are instructed to pro- cure and erect an Iron Bridge with suitable side-walks, in place of the bridge now standing in the line of Hanover street, and that any funds in the treasury of the town, not otherwise appropriated, be placed at their disposal. The Selectmen complied with the instruc- tions given, and erected the iron bridge which now spans the river. The wooden bridge was removed and afterward placed over the road leading to Glenwood Cemetery.
303
HISTORICAL MISCELLANY.
The cost of the iron bridge, as reported by the selectmen in 1872, was $2,181.44.
ENCOURAGING MANUFACTURE.
At a meeting held November 5, 1872, the town voted to adopt an act exempting manufacturing establishments for the time of ten years and also the following resolution :
Whereas the town of Lebanon does possess great natural facilities and inducements for manufacturing by the large water power on the Con- necticut and Mascoma rivers, now lying idle and unoccupied, and whereas being anxious to offer every inducement possible to draw enter- prise and capital into said town.
Be it Resolved that all manufacturing establishments now erected, but not in operation, or that may be hereafter erected, together with the capital employed in the same within the next three years, from the adoption of this resolution and the law passed at the June Session of the Legislature of New Hampshire, 1871, as set forth in chapter 25 Pamphlet Laws, shall be exempt from taxes for the term of ten years from the completion of said manufactories if kept in actual operation where the capital employed shall not be less than five thousand dollars.
At a special meeting of the town, January 7, 1873, the follow- ing preamble and resolution were adopted :
In order to encourage the increase of business and capital in the Town of Lebanon be it
Resolved that for purposes of taxation the Invoice valuation for 1872 of the Manufacturing establishment of J. C. Sturtevant & Co. and of the Capital Stock used in operating it shall remain the same as now, notwithstanding any increase of business or capital or change of own- ership-that is, that said establishment and the capital used in operat- ing it, shall be exempt from taxation, beyond the amount of their present invoice valuation, said exemption to be for the benefit of who- soever may own or operate said establishment and to continue for the term of ten years.
At the annual meeting, 1875, the following resolutions were adopted :
Resolved that the Selectmen be authorized and are hereby empow- ered to make a binding contract on the part of the town, with any parties who will put in operation, within two years, three or more sets of woolen machinery, to exempt the capital, Real Estate and machinery employed for this purpose, from taxation for the term of ten years, and that such contract shall be recorded on the record books of the town.
304
HISTORY OF LEBANON.
Resolved that the real estate of the Granite Agricultural Works, and the capital used in operating the same, be exempt from taxation for a period of ten years from this date
Resolved that the Selectmen be instructed to arrange with any parties from abroad, who may within one year from the first of April next invest in any legitimate manufacturing at the Lebanon Slate Mill, at East Lebanon, a sum not less than $3000, an exemption for the term of ten years.
This policy of favoring manufacturing, thus begun in Leb- anon, has been pursued steadily and with ultimate benefit to the town.
HEARSE FOR WEST LEBANON.
At the anual meeting, 1873, the selectmen were instructed to purchase a new hearse for the use of the town, to be kept at the West Lebanon cemetery ground.
SURVEY OF STREETS.
At the same meeting the following resolution was adopted :
Resolved that the Selectmen are hereby instructed to cause an accu- rate survey of the streets, both in this village and the village at West Lebanon, to be made and stone bounds set at the corners and angles of the same and to have a plan of both villages made, of suitable size, to keep in the selectmen's office, and that new streets hereafter layed out be similarly bounded, and entered upon the plans kept by the selectmen-also that the Selectmen cause suitable names to be applied to each street and posted by suitable signs on the corners of the same.
This was done by C. A. Downs & Sons, and a plan made for both villages, now remaining in the office of the selectmen.
FIRST BOARD OF HEALTH.
At the annual meeting, 1874, the following resolution was adopted :
Resolved that we now proceed to elect by nomination a Board of Health Commissioners, consisting of five, on which Board at least two Physicians shall be placed, to act and perform the duties devolving on such commission, according to the laws of the State for the ensuing year.
William Duncan, E. A. Knight, M. D., C. W. Manchester, M. D., Pliny E. Davis, James A. Davis, M. D., constituted the board.
SOLON A. PECK.
305
HISTORICAL MISCELLANY.
FIRE PRECINCT EXTENDED.
At the annual meeting, 1875, the following resolution was adopted :
Whereas the present Fire Precinct comprises more than one half of the taxable property of said town and have already expended expended large sums for the purpose of supplying suitable apparatus for the extinguishment of fires, which is virtually for the benefit of the town; and whereas, under existing regulations, the present fire department have no jurisdiction or authority to act outside of the limits of the present Fire Precinct therefore
Resolved That the Selectmen be instructed to so extend the limits of the Fire Precinct as to include the whole town
At the Same meeting voted That all the members of the Fire Depart- ment, recognized as such by the fire wardens be paid the sum of five dollars each, annually, for their services.
LYMAN'S BRIDGE.
For some years there had been a desire to have Lyman's Bridge a free bridge, as most of the bridges connecting New Hampshire and Vermont had become. An article in the warrant for the annual meeting, 1875, was as follows: "To see if the Town will buy Lyman's Bridge, so called?" Upon this article the following resolution :
Resolved that the Selectmen be a committee of three to examine Lymans Bridge and Ascertain the terms upon which it can be pur- chased, and to investigate all matters relating to the purchase of it by the town, and report to the town as soon as practicable.
The selectmen were Solon A. Peck, William S. Ela and Thomas P. Waterman. At a special meeting, held June 9, 1875, this com- mittee made a verbal report, and upon that report the following resolution was adopted :
Resolved that Lewis C. Pattee, Daniel Hinkley and F. L. Owen be agents on the part of the town to investigate and examine into all mat- ters, questions and controversies, relating to the title, interest or claim which the Town has in, to or unto said Bridge and that they are hereby authorized to take such necessary action, as in their discretion and judgment may seem proper, and as soon as possible, in the name of the town, in order most expeditiously to protect, secure, settle and perfect the right, title, and interest of the town, to, in or unto said bridge or under the charter thereof.
At the annual meeting this committee made a report, which was ordered on file.
20
306
HISTORY OF LEBANON.
The charter of Lyman's Bridge was granted in 1836 by the New Hampshire legislature, by which it had the exclusive right and privilege to build or purchase and forever have and maintain a bridge over and across the Connecticut River between the town of Lebanon and the town of Hartford, at any place between the lower bar in White River Falls (Olcott Falls) and the south line of Lebanon. It was enacted that a toll be granted and estab- lished for the sole benefit of the corporation, the subjects and rates to be determined and settled by the justice of the Superior Court ; the net proceeds not to exceed ten per cent. per annum on costs and expenditures. It was further provided that the corporations by their directors should, at the next term of the court in Grafton County, and once in five years thereafter, cause an exhibit, under oath, to be made of the costs and expenses incurred by said corporation for said bridge, and an account of all tolls received therefrom down to the time of making such exhibit; and upon the omission or neglect to make such exhibit all the rights and privileges granted by said act should be subject to forfeiture. By the act it was also provided that the capital stock should consist of 200 shares, which were transferable. Asa and Oscar Barron had purchased, in 1866, all the stock, and so composed the corporation.
Upon inquiry and examination it was found that the provisions of the charter had not been complied with ; that a return had been made in 1837, and another in 1842, but none after that time. Information in the nature of a quo warranto was brought to the Superior Court in 1876. Judge Smith in his decision takes the. following ground :
The neglect of the defendants for more than thirty years, to make the returns required by their charter, presents a very strong reason for decreeing a forfeiture of their franchise By the terms of the act itself such neglect renders their Charter subject to forfeiture. But, inasmuch as the defendants pray to be admitted to make such returns I think such permission should be given. Upon an examination thereof, and a hearing, the Court can determine whether "in equity and good conscience a decree of forfeiture should be made"
The cause was committed to a referee, who reported substan- tially as follows :
That the provisions of the defendant's charter, in respect to making returns of the tolls received and of the costs and' expenses incurred
.
307
HISTORICAL MISCELLANY.
on account of their bridge have not been performed; and found that in equity and good conscience a decree of forfeiture should not be made, for the following reasons: Because the neglect of the defend- ants to make returns was not wilful; because there has not been and is not any bridge across Connecticut river, and no public way by which the river can be crossed-except on the Northern Railroad bridge- for a distance of five miles above and twelve miles below the defend- ants bridge: because the defendants have always kept their bridge in good repair and suitable for the public travel; and because it has been so managed as to accommodate the Public travel
Upon the report of the referee the following is in substance the decision of Judge Smith :
The question tried before the referee was, whether equity and good conscience required the forfeiture of the defendants charter, and as bearing on this question evidence of the receipts, expenses and cost of the bridge since the last return made in 1842, and evidence as to the way in which the bridge has been managed how far it had accommo- dated the public wants, how far it was necessary to meet the future wants of the public, and how much the proprietors had received and expended, was pertinent and properly received. In this view, the fact that the statements presented by the defendants to the referee did not contain all the information required by their charter presented no legal reason for their exclusion.
Although the corporation has been guilty of gross neglect in not making the returns required by its charter, yet the facts laid before us do not, we think, furnish sufficient reasons why a forfeiture of the charter should be decreed upon the first application therefor. * *
The neglect of the corporation to hold its annual meetings does not operate to dissolve the corporation. Provision is made by Gen. st c. 133 ss 15, 16 whereby the organization may be continued
Case discharged
58. N H 370-371
At the annual meeting 1877, the following article was upon the warrant :
13th To see if the town will instruct the Selectmen to lay a road over Lymans bridge, or unite with the Selectmen of the town Hartford, Vt. in the purchase of said Bridge, in accordance with Pamphlet Laws of 1870, entitled "an act in relation to the construction and support of Highways and Bridges over the Connecticut river or act thereon"
When this article came before the meeting for action they "voted to pass over article 13."
A petition had been presented to the selectmen to lay a high- way over Lyman's Bridge to the Vermont line. In 1878 the
308
HISTORY OF LEBANON.
selectmen could not act in the matter and the petition was filed in the Supreme Court, and referred to the county commissioners. A highway was laid out by them to the supposed line of Vermont. They awarded to the Barrons as damages $3,000, which the Bar- rons accepted under protest and appealed to the court for increased damages. The court appointed referees, who awarded the farther sum, including costs, of $3,404.52, making the total cost of the bridge $6,404.52.
So far as New Hampshire territory was concerned, Lyman's Bridge was free, but its freedom was greatly obstructed by the fact that some twenty-three feet of the western end of the bridge was on Vermont soil, and that some rods between the end of the bridge and the toll bar was the private property of the bridge owners, no highway having ever been laid over it; so the Bar- rons mantained the toll bar and had a right to demand toll of all who sought to pass over the bridge. This fact produced a great commotion on both sides of the river. Excitement was intense and resulted in the following action of the town at a special meeting, October 4, 1879, when William S. Ela offered the folowing preamble and resolution :
Whereas the citizens of Lebanon are aggrieved and impeded in their rights of travel upon a public highway known as the Lymans Bridge in West Lebanon by the wilful, unreasonable and unjustifiable conduct of Asa T. Barron, and whereas the town of Lebanon has by their course and Courts of Justice been decreed the right to enjoy a free and unin- terrupted travel on said highway of which they are deprived by said Barron and his agents without right
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