USA > New Hampshire > Grafton County > Lebanon > History of Lebanon, N.H., 1761-1887 > Part 28
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Be it resolved, therefore, that a Committee of three be chosen to . investigate the legal aspects of the case as between Asa T. Barron and said town of Lebanon, and to determine what measures legal or other- wise should be taken to secure to the citizens of Lebanon an open, free and unobstructed right of way to and from the State of Vermont.
2d Resolved that said Committee be instructed to report to this meeting on Nov 1st 1879.
3d That when the meeting adjourns it do adjourn to Nov. 1st 1879. 4th That Hiram Orcott, Hon. L. C. Pattee and Wm B. Weeks consti- tute the Committee on behalf of said Town
The foregoing preamble and Resolution were read and William B. Weeks moved their adoption which motion was seconded by Hiram Orcut, and after the subject was fully ventilated by Mr. Orcut in a lengthy speech, giving a full description of the subject before the meeting But before a vote was called, in consideration that the
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Resolutions included the subject of the 3d & 4th Articles in the Warrant, the Motion Wm B. Weeks was amended so as to include the action of both Articles in the Warrant.
The motion was adopted with only two opposing votes L. C. Pattee being one of the members of said Committee asked to be excused from serving on account of other business which would occupy his whole time, and on motion he was excused and J. D. Hosley was elected to take the place of L. C. Pattee on said Committee.
Meeting adjourned to November 1 at two o'clock.
At the adjourned meeting the committee rendered a verbal report, Hiram Orcutt saying he had looked into the matter and according to the best of his opinion Asa T. Barron had no right whatever in said bridge, or any right to any land on the west bank of the Connecticut River which would authorize him to take toll.
William B. Weeks, another member of said committee, made quite a lengthy detailed verbal report, giving an account of the affairs, quoting the law relative to the western boundary of the state of New Hampshire as established by the courts of said state, establishing the line between the states of Vermont and New Hampshire to be at high water mark on the western bank of the Connecticut River. He also stated that said Barron had no right whatever to collect toll for passing from Lebanon to Hart- ford over said bridge and recommended the adoption of the fol- lowing resolution :
Be it resolved that we as a town, so far as in our power We are authorized by the laws of the State of New Hampshire, do hereby instruct the present Committee to institute such proceedings as may be necessary, either by a bill in equity and injunction, or otherwise as they shall see fit, in our name or others, against Asa T. Barron to restrain and enjoin him, his agents, and all others from obstructin by bars or gates the public highway in Hartford Vermont, leading from the westerly line of Lyman's Bridge, as laid out by the Commis- sioners of the County of Grafton in N. H. as a free public highway through the Town of Hartford; as also from taking tolls or money for the passing and repassing thereon
Mr. Jonas Scott moved the adoption of the Resolution which was duly seconded. The voters being seated, and all those in favor of the adoption of the resolution, were requested to rise, and A. W. Baker was requested to count those standing and announced 19 in favor; those against the adoption were requested in like manner to arise and 21 being the number voting against the adoption of the Resolution, and the said resolution was declared not adopted
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There is evidently some mistake or else great obscurity in this record. Mention is made in the resolution "of obstructing by bars and gates the public highway in Hartford, Vermont, leading from the westerly line of Lyman's Bridge as laid out by the Commissioners of the County of Grafton as a free public high- way through the town of Hartford." The language seems to imply that the commissioners of Grafton County had laid out a "free public highway through the town of Hartford," which, of course, they had no authority to do. ..
The real condition of the affairs was as follows: The com- missioners of Grafton County had laid out a highway over Lyman's Bridge to the Vermont line, which they assumed to be medium water; the court confirmed their doings; Lyman's Bridge became free to this line, but no farther. One could drive across to this line, turn around and go back without being liable to pay any toll. But this point did not extend quite through the bridge, leaving the western abutment on Vermont soil. In addi- tion there was land between the bridge and the toll bar which had never been made a public highway by any of the means by which land becomes a highway.
About the time the Fourth New Hampshire Turnpike was char- tered, there was also chartered a turnpike on the Vermont side, known as the White River Turnpike Co. The design of both of these roads was to furnish a road for passengers and merchan- dise to and from the seaside to certain portions of New Hamp- shire and Vermont, so that they should furnish a continuous route, and the same parties, to a great extent, were interested in. both turnpikes.
The White River Turnpike is described as commencing at a point on the west bank of the Connecticut River, and upon this point there were learned and earnest discussions, when it was settled that the bank of a river was where the soil and water met. Such a point would vary greatly with the low water or floods, and would be very uncertain ; but it was at once assumed that the bridge connected the New Hampshire and Vermont turnpikes, and inasmuch as the Vermont Turnpike had been years before made free, the bridge was free. But this was hasty reason- ing, for the record of the laying out of the White River Turn- pike fixed definitely the point where it commenced, which was
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"S.45°E. 9 rods 13 links from the South East Corner of Lyman's store." Upon a survey made with care, the beginning of the turnpike was proved to be at the point where the toll bar had been located for years, leaving a space between that and the bridge over which there had never been a public highway but was the property of the bridge company. This was the finding of a court's commission of Vermont. Upon the ownership of this strip of land and a portion of the bridge rested the right of Barron to take toll of those who passed over them. The author- ities of Hartford therefore laid out a highway over this interven- ing strip of land and when all the necessary formalities were com- pleted, the whole became legally free. The court's commission awarded Barron $1,000 for his interest in the west end of the bridge and the intervening land, making the total cost of free- ing the bridge about $7,404. It might have been done in the beginning for $3,000.
During this controversy there was great excitement on both sides of the river. So sure were some of the persons interested in the controversy in their own opinions of their rights that they ran the toll bar. The bar itself had no certain dwelling place, being frequently found floating down the Connecticut River. The result of running the gate, in some instances, proved that it would have been economical to have paid toll.
A reader of the files of the Free Press of the period would be surprised to find how many things there asserted and proved were not true, except in the opinions of the writers. He would find instances of a physical paradox, that there may be intense heat without much light.
BEQUESTS TO THE TOWN.
At the annual meeting, 1875, the town voted to accept a bequest of $200, left by Col. Ezra Alden, for building a receiving tomb, but as the terms of the will confined the location of the tomb to the village cemetery, the bequest was never used.
At the annual meeting, 1876, the town voted to accept the bequest of the late Jacob S. Prescott of $1,000, the interest of which was to be paid annually. Mr. Prescott was a native of Springfield, and came to Lebanon when twenty-one years of age, working on the farm of Deacon Porter, and after his
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death for the Stearns, father and sons; afterwards for Samuel Craft and some others. He never received over $125 per year, beside his board, yet he accumulated several thousand dollars. The bequest to the town has proved of great value, yearly fur- nishing some of the comforts of life to those who would other- wise be without them.
CENTENNIAL FOURTH OF JULY.
In the year 1876, the centennial year, there was much talk of an "old fashion Celebration of the Fourth of July," and pre- parations were made for such a celebration. There was a feel- ing among the people that the town itself ought to take some action in the matter and give assistance. Accordingly, upon a petition to the selectmen, a meeting was called and held upon the 28th day of June, at which meeting it was "voted to appropriate a sum not exceeding six hundred dollars from money not other- wise appropriated to be expended in the proper observance of the coming Centenial Fourth of July." The celebration of the great natal day of the country was held, the full account of which is elsewhere given.
TOWN PUMP. 1
Need of a watering place on the common for persons and ani- mals had been felt, and the citizens of the village had taken up the matter and constructed a well on the north side of the com- mon. The expense had been larger than expected. when the town came to the rescue, voting at a meeting held on the 7th day of November, 1876, "to pay the expense incurred in constructin the well on the Common."
This was the first and only town pump, located near the elm on the north side of the common. It served a good purpose, giving grateful refreshment to many thirsty men and beasts, and an unfailing source of pleasure to the small boys until it was superseded by the fountain on the west side of the common. At this same meeting the town took action for the organization of a police court, appropriating the sum of $100 as a salary to the justice.
The late James G. Ticknor received the first appointment as justice of the court from the governor and continued to hold the
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office until 18-, when he became disqualified by age. C. A. Downs followed as justice of the court, holding the office a little over three years, when he became disqualified by age. He was succeeded by Jesse E. Dewey, appointed July 12, 1893; resigned August 12, 1895.
SALE OF CIDER AND SEWAGE.
At a special meeting held on the 8th day of September, 1877, the town adopted an act passed by the legislature in the preceding June, forbidding the sale of cider in less quantities than ten gal- lons, and also the act passed in 1870, relating to sewage.
At a meeting held on the 12th day of October, 1878, the town again voted to adopt an act regulating the sale of both cider and lager beer, the previous act having been somewhat amended.
HOG REEVES.
At the annual meeting in 1878, the town voted for the last time for these "ancient and honorable officers." An elaborate printed ticket was used containing the names of ten candidates, each having a title of amazing dignity and daring significance. Whoever has the curiosity to know with what brilliancy this fat office expired may consult page 477 of Vol. 6, where the whole ticket is entered in full with the high offices of each candidate.
This office seems to have never been taken seriously in this town. The election of the candidates was always the signal for fun and frolic. Squeals and grunts of pigs and hogs were heard in every direction. The first election to this office was at the annual meeting, 1774, when Charles Hill, Huckin Storrs and Lt. John Griswold were chosen. At the annual meeting in 1775 Joseph Wood, James Jones, Samuel Bailey, Abel Wright and Charles Hill were chosen.
The office was not filled again till the annual meeting, 1788, the people having their minds occupied by the serious and absorb- ing affairs of the Revolution, when Lemuel Hough, Elisha Tilden, Elihu Hyde, Esq., and Abel Wright were chosen hog reeves.
At the next annual meeting the following record was made: "Voted that swine shall not run at large from the 1st of May till the middle of October-Voted that Maj John Griswold Capt. David Hough, Capt. Nath1 Hall Mr Robert Colburn, Col. Elisha
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Payne Aaron Hutchinson Esq. and Col Edmund Freeman be Hog Reeves for the year ensuing."
These were the most eminent citizens of the town; captains, majors, colonels, lawyers. David Hough was afterwards a mem- ber of Congress; John Griswold and Nathaniel Hall were officers in the Revolution; Aaron Hutchinson was the first lawyer'in town; Col. Elisha Payne was lieutenant governor and chief jus- tice of Vermont, and one of the most prominent men of the day ; Col. Edmund Freeman, the famous "First Settler of Hanover," was an officer in the Revolution. Robert Colburn was the donor of the park which bears his name, as a location of the meeting- house.
In this fact the fun of the whole proceeding consisted, the con- trast in the standing of the men and the office. Sometimes the people paid dearly for their fun, for occasionally a man took the office seriously, and according to his oath of office, proceeded "to faithfully and impartially discharge and perform his duties, to the best of his ability, agreeably to the rules and Regulations of the Constitution and laws of the State." Hogs and pigs were unaccountably missing, to be found later at the town pound, with fees to pay for their release; or perhaps they received notice to "ring" and "yoke" their swine, as the law required, with other charges to pay. All this was not as funny after all.
About the beginning of the present century this custom of choosing the eminent citizens to this office was abandoned, and newly married men became the favorites of the people, and so continued to be until the year 1874, when it was filled for the last. time, as before narrated.
It may be of interest to the present generation to learn what other officers there were in ancient times but now unknown. Among these were deer reeves, inspectors of fish, sealers of leather, the names of the officers indicating their duties. Another was culler of staves.
In early times there was much timber in town, of which articles useful and profitable might be manufactured, and among these were staves for barrels, tierces and hogsheads, and other casks. All these were required by law to be of certain dimensions and qualities before they could be put upon the market for domestic use or export. It was the duty of the culler to inspect these
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staves, selecting the poor from the good and finally putting his official seal upon the bundles, receiving a prescribed fee. When the material of which staves could be made failed, the office became a nominal one; there was nothing for the officer to do. Tradition tells of a certain waggish shoemaker who thought to have some fun with the officer of the year. His shop-tub fell to pieces and he gravely summoned the culler to perform the duties of his office. He came and gave his whole attention to the duty before him, laid the good and the poor in separate piles and then demanded and secured his legal fee. It was not so funny as the son of St. Chrispien thought it might be.
Another officer well known, and not well loved, was the tyth- ing-man. The early laws concerning the observance of the Lord's day were very strict. Some of the provisions of the law of 1799 are the following: All labor except works of necessity and mercy, all games, play and recreation are forbidden; all travel on the Lord's day, between sun-rising and sun-setting, unless from necessity or to attend public worship, visit the sick, or do some office of charity, is prohibited. If any person, on the Lord's day, within the walls of any house of public worship, or about such house, whether in the time of public service or between the forenoon and afternoon services of said day, or any part thereof, did behave rudely or indecently he or she must pay a fine, not exceeding six dollars nor less than fifty cents. There was a provision in the law to this effect: "That it shall and may be lawful for any justice of the peace, on application, to grant a license for any person to travel, or do any secular busi- ness on that day, which shall appear to him to be a work of necessity or mercy."
At the close of the act it was "recommended to the ministers of the Gospel to read this act publickly in their congregations, annually on the Lord's day next after the choice of town officers."
After some experience it was found "that Justices of the Peace, under a misapprehension of the law, gave permission to travel on the Lord's day, contrary to the true spirit of the act."
Accordingly, it was amended to this effect: "That licenses should not be granted to any person in the stile and capacity of a teamster or carrier, with any team or carriage of burthen, to
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any person or persons found travelling on said day, in the stile and capacity of a drover with any horses, cattle or other beasts, and that all licenses granted to such persons shall be utterly null and void, any law, usage or custom to the contrary notwith- standing."
Of course the provisions of the law gave rise to much discus- sion concerning their application. What exactly is a work of "necessity"? Some things would appear necessary to be done to one, and not to another. What exactly is a "work of mercy" ? Many acts would be clearly works of mercy, right and reasonable, while many acts might appear merciful without being truly so. The courts were often required to give a ruling on such matters. Again, not to put too fine a point upon it, could "courting," of which there was an abundance, come under the forbidden recre- ation ?
Now the tything-men were especially charged with the enforce- ment of this law, and inasmuch as they were required to be "men of good substance and sober life," they were not likely to be favorites with many of the people, especially the young. The time when and the place where the tything-man was most in evidence was in the meetinghouse galleries, during public wor- ship, it being his duty to keep the young folks awake, but not too lively, and of good behavior in all respects. They often carried a little rod, and when a boy or girl became unruly they were brought to order by a tap from the rod. Sometimes they had their ears pulled, and not gently.
Tradition tells of a couple seated side by side one Sabbath in the gallery, greatly enjoying each other and a bag of beech nuts, which in ancient days held the place of the modern peanut. The watchful eye of the tything-man caught this innocent couple in their offending conduct. Now this tything-man was of good sub- stance physically, large and stout. He takes a seat between the couple, most effectually separating them and bringing them to order. It would be a strange sight in our Sunday congregations today to find several men moving about among the worshippers to keep them in order. Were the young people then better in their behavior than now, more sedate and orderly, as we are so often told they were ?
The last incumbents of the office in this town were John Gus-
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tin, Josiah Bowen, Humphrey Wood and John W. Peck, chosen at the annual meeting in 1845. About that time the law requir- ing the election of these officers was repealed.
COASTING.
At the annual meeting in 1877 the following resolution was adopted :
Resolved that all persons shall hereafter be prohibited to coast within the limits of any public highway in the town, and that any person so doing, unless permission shall be granted by the Selectmen shall for- feit as a penalty the sum of one dollar for each offence to enure to the use of the town.
In all cases there is conflict between law and its subjects. Never was there a law passed, or regulation made, to which implicit obedience was rendered. From the beginning of society of every kind there has been an irrepressible conflict between the young and the old. Their tastes are different; their ways of looking at things are different. Young folks think old folks are fools, old folks know young folks to be such. Boys and girls like games and sports. If they are forbidden, or under any restraint or limitation, a new zest attaches to them. Old people of short memory of their own youth frown upon such things. Boys and girls from time immemorial have loved to slide down hill, coasting, and have always preferred public places in which to indulge their taste. The elder people thought it was danger- ous and so passed a resolution forbidding it; but it did not stop it. They gathered as aforetime at their favorite localities. Sometimes an officer would appear to stop them. Of course, they would stop then, at that place, only to gather in another. So the conflict, always good-natured, went on year after year. The resolution passed was only a town regulation, not a statute by the legislature under the solemn "Be it enacted by the Senate and House of Representatives in General Court convened"; but in 1883 the General Court set up its authority and made a law absolutely prohibiting coasting "in a highway or public street in a village or thickly settled portion of a town or city, to the danger of travelers." A source of weakness in the resolution of the town is eliminated. There is no provision, "unless permission shall be granted by the selectmen." Still, every year the at-
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tempt at coasting begins; sometimes promptly stopped, more generally tolerated, until some irate citizen is run down, or escapes the threatened danger by unwonted agility, when com- plaint is made and the sport stops intermittingly.
At special meetings held September 8, 1877, and October 12, 1878, the town adopted the acts regulating the sale of cider and lager beer, keeping up with temperance legislation.
1880 TO 1890.
At the annual meeting, 1880, the town instructed the sealer of weights and measures to procure a stamp containing the letters L. S., to be used in the performance of his duty. This was done to comply with the provisions of the law.
SOLDIERS' MONUMENT.
For some time the matter of a monument to the soldiers who had given their lives in behalf of their country had been talked of and planned for by individuals, but it first came up before the town at the annual meeting in 1880, at which time the town voted to appropriate $750 for a soldiers' monument, upon con- dition that $800 more would be raised by subscription, and a com- mittee was appointed to carry out the provisions of the resolu- tion. The history of this movement in honor of the fallen sol- diers of the town will be given in a separate chapter.
C. C. BENTON'S BEQUEST.
At a meeting of the town November 2, 1880, the following action was taken in respect to a bequest of Mr. Benton for mov- ing the tomb from its present location to some place in or near the old cemetery in the village, and for the purpose of ornament- ing the old cemetery in the center of the village by setting out elms, evergreens and other trees. Voted to defer action on the subject until the next annual meeting. At the annual meeting, 1881, the town declined to move the receiving tomb, but accepted the bequest of "the late Colbee C. Benton of $300 for the pur- pose of ornamenting the old cemetery in the Center Village by setting out trees and appointed F. L. Owen to superintend the business." It is to this bequest that the village is indebted for the beautiful evergreens which truly ornament the cemetery.
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STOCKING STREAMS WITH TROUT.
At the annual meeting in 1881 the following resolution was adopted :
Resolved that a sum of money not to exceed fifteen dollars be and the same is hereby appropriated for the purpose of stocking the streams and waters within the town of Lebanon with brook trout, and that all person be and are hereby prohibited from taking from any waters so stocked any brook trout for the term of three years from the time such waters shall have been so stocked as provided in Section 9 Chapter 176 General Laws, except as otherwise provided in said chapter
In early times the streams of Lebanon abounded in the beauti- ful and toothsome salmo fontinalis. The stories told of the num- ber and weight of trout captured in those days were very wonder- ful and quite as true as those told today ; but persistent fishing, in season and out, by fair and foul methods, had about exhausted the streams. It is only owing to this early action of the town and annual stocking that any fish remain in our streams at pres- ent; yet, with this system of replenishing these waters, and hon- est observance of the provisions of the law by all parties, these fine fish inhabitants might continue in abundance. In few mat- ters is greed more destructive than in the violation of the pro- visions of the wise fish and game laws.
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