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1870-03-14Commonwealth of Massachusetts Essex, ss:To one of the Constables of the town of Beverly.- Greeting. You are hereby required the name of said Commonwealth, to notify and warn in the usual manner the qualified voters of said town to meet at the Town Hall in said town on Monday the Fourteenth day of March current at nine o’clock before noon, for the following purposes: viz.:- st 1. To choose a Moderator. d 2. To choose town officers for the ensuing year, grant their pay, and take action on the Reports of the several Boards of town officers. d 3. To see if the town will accept and allow of a town way extending from Hale Street as the Northeasterly line of the open way known as Ocean Street runs, crossing Lothrop Street and continuing in the same direction over land of the Bancroft estate to high water mark, laying said town way forty feet wide southwesterly of said line, agreeably to the Report of the Selectmen on file with the Town Clerk. th 4. To act on the Report of the Committee appointed to defend the town in the suit for damages upon the extension of the town way known as Central Street, and to take action upon said town way or any portion thereof as may be deemed expedient. th 5. To see if the town will appropriate the sum of one thousand dollars to defray the expenses of the Grand Army of the Republic in the annual decoration of the graves of deceased soldiers in this town. th 6. To see if the town will make any change in the time of the annual town meetings of this town. th 7. To authorize the raising of such sums of money as may be necessary to provide according to law State Aid for the Families of Volunteers. th 8. To take such action as may be deemed expedient in regard to extending the water pipes to any portion of the town, beyond existing contracts; and to authorize the making of such rules, regulations, contracts and settlements as may be found necessary in regard to supplying the people of the town with water. th 9. To adopt such measures, grant such sums of money, and make such regulations in regard to the repairs and improvements of any existing or projected Highways or town ways within the town, as may be deemed expedient; including the petition for the reduction of the hills, on Dodge Street, Dodge’s Row, and also the pending petition for a bridge at Bass River. th 10. To adopt such measures, grant such sums of money, and take such action in regard to Schools and School houses, throughout the town, as may be deemed expedient; including providing a School House for that portion of the town formally Bass River School District, and purchasing and taking land therefore; also including the petition of citizens of the Old Bald Hill School District for the gift of the Old School House and land there, to the people of that vicinity for a lecture hall etc. th 11. To grants such sums of money to be raised on the polls and estates within the town, for defraying the debts of the town, and the expenses of the current year, as may be deemed expedient, and make all necessary regulations and allowances respecting the same. Also, to authorize the Town Treasurer to borrow on the credit of the town such sums of money from time to time, as may be found necessary to meet the liabilities of the town. th 12. To see if the town will approve the Jury List, as revised by the Selectmen. Hereof fail not, but make due return of this warrant, with your doings thereon before said time. Given under our hands and seal this third day of March and the year Eighteen hundred and seventy. John I. Baker Geo. Roundy Benjamin N. DodgeSelectmen of Beverly Seth Norwood F. W. Cressy Beverly March 5,1870. Pursuant to the foregoing warrant I have notified the persons therein named by posting notices according to the amended town regulations at or near the First Parish, Second Parish, and Beverly Farms Meeting Houses, the Town Hall, Post Offices, and the several Railroad Stations in town, also at the corners of Hale & Ober Streets, Hale & Foster Streets, Essex and Standley streets, and at each junction of Rantoul and Cabot Streets and at Dodge’s Mill on Elliott Street. Andrew Wallis, Constable. At a legal meeting of the qualified voters of the town of Beverly, held, (in pursuance of the warrant recorded on the two next preceding pages) at the Town Hall in said town on Monday the Fourteenth day of March in the year Eighteen hundred and seventy, at nine o’clock in the forenoon. - the meeting was called to order by the Clerk, who read the warrant therefore, - and it was Voted, by ballot, (unanimously) that Freeborn W. Cressy be Moderator. Prayer was then offered by Rev. G. W. Whitney, pastor of the Universalist Church. Voted by ballot (unanimously) that James Hill be Town Clerk. Then in open town meeting, immediately after the choice of Town Clerk, James Hill above named was sworn to the faithful discharge of the duties of the Office of Town Clerk of Beverly, By and before me Freeborn W. Cressy, Moderator. The following officers were then chosen by ballot. Selectmen. John I. Baker, George Roundy, Seth Norwood, Freeborn W. Cressy, Nathan H. Webb. Assessors. Elisha Woodberry, David A. Preston, Josiah A. Haskell, George Ober, Benjamin N. Dodge. Collector of Taxes. Ezekiel F. Ober. Treasurer. Robert G. Bennett (unanimously) Voted, that the Collector of Taxes receive one half of one percent of all monies collected and paid into the Treasury by him which shall be in full for his services. Voted, that the Salary of the Town Treasurer shall be one hundred dollars for the current municipal year. The following officers were then elected by ballot. Overseers of the Poor. John Meacom, Thomas Pickett, Israel F. Lee, Benjamin D. Grant, Charles L. Moulton. Inspector of Police. William P. Moses. Constables. William P. Moses, George H. Trafton, John H. Chipman, Isaac Standley, Andrew Wallis, Ezekiel F. Ober, George T. Larcom, Walter S. Rogers, John R. Tibbetts. Trustee of the Public Library for Five Years. Edward L. Giddings. Fence Viewers. Josiah A. Haskell, Samuel Foster, Benjamin Larcom. Voted, that the number of the School Committee be diminished so that it shall consist of nine members. Voted to adjourn to one o’clock this afternoon. At one o’clock afternoon the voters again assembled and it was voted by ballot. School Committee for Three Years. Rev. O. T. Lanphear, Joseph E. Ober, Ephraim Hathaway. Voted, that the remainder of the town officers, be chosen by hand vote and the following officers were those chosen. Board of Health. Joseph Caswell, John I. Baker, Andrew E. Story, Samuel Porter, Joseph E. Ober. Auditors. Israel F. Lee, Samuel Porter, Israel Lefavour 2d. Field Drivers Ward 1 A. F. Richards, Benjamin C. Sumner Ward 2 Tristram D. Webber, John Woodberry. Ward 3 Elisha Pride, George Ober. Ward 4 Azariah M. Larcom, William H. Preston. Ward 5 Isaac Standley, Thomas Appleton. Ward 6 Henry O. Edwards, John Mollison. Ward 7 Hugh Hill Jr., Chester Hobbs. Ward 8 Robert N. Lee, John G. Munsey. Ward 9 Moses T. Wilson, John G. Brown. Ward 10 John D. Wilson, Charles W. Lord. Ward 11 John M. Taylor, George W. Kent. Ward 12 Nathaniel Clark, George W. Taylor. Ward 13 Joseph A. Kilham, Jedidiah Styles. Pound Keeper. John E. Baker. Surveyors of Lumber. George Wilson, George Swan, William Webber, Richard A. Woodberry, Benjamin Larcom, Robert Remmonds. Sealer and Measurer of Leather. Levi K. Goodhue. Inspector of Lime. Andrew E. Story Clerk of the Market. James Stone. Truant Officers. William P. Moses, George T. Larcom, John H. Chipman. On motion of Wm. F. Davis Voted, that the system of choosing Surveyors of Highways, in the several wards be abolished and that one Road Commissioner be chosen by the town to take charge of all the roads and streets in town, for their repairs, etc. and that a salary be paid for such services(146 in favor 53 opposed) Voted, that a Street Commissioner who shall have all powers of Surveyors of Highways be chosen by ballot.(134 in favor 42 opposed) Voted, that the Election of Street Commissioner be postponed until the Ninth Article has been acted upon. The Report of the Auditors was then presented and accepted by the meeting, as were also the Reports of the Selectmen, Board of Health, Engineers of the Fire Department, Trustees of the Public Library, Overseers of the Poor, and School Committee. Upon Article 3.Ocean Street. (226 in favor, 7 opposed) Voted, that the Report of the Selectmen be accepted, and that said way be laid out and established as a town way forever according to said report.- which is as follows.- “Upon petition of Samuel Porter and others, the Selectmen of the town of Beverly, having notified all parties interested, and met and heard all who desire to be heard, did proceed to lay out a town way in said town, as prayed for, described as follows. viz.: - Commencing at the Northerly corner of the Bancroft Estate, at the corner of Hale Street and of the open way known as Ocean Street, and run thence Southwesterly as the fence stands along by said Estate on the Southeasterly side of the said open way known as Ocean Street, in a direct line to Lothrop Street, and thence continuing in the same direction, across Lothrop Street and over lands of the Bancroft Estate to high water mark; laying said town way for its whole extent forty feet wide, Northwesterly of the line described; naming the said town way Ocean Street and including therein all the aforesaid open way now known by that same name.-And we award damages as follows. To the Owners of the Estate in occupation of Mrs. Judith Lovett, as follows: to Mrs. Judith Lovett one hundred dollars, and to the other owners of that estate fifty dollars. To the Owners of the Bancroft Estate three hundred dollars.” Beverly March 3,1870. John I. Baker F. W. CressySelectmen Seth Norwood of D. N. Dodge Beverly Geo. Roundy Upon Article 4.Report of Committee of Central Street, soup. Hon. F. W. Choate presented The report of the Committee appointed to defend the town in a suit for damages upon the extension of the town way known as Central Street which was read and accepted, and is as follows “The Committee appointed to defend the town in the suit for damages upon the extension of the town way known as Central Street, have attended to that duty and report as follows, viz.. The Selectmen laid out the continuation of Central Street forty-three wide throughout and awarded damages as follows, viz.. Kilham three hundred forty dollars, Lefavour, three hundred fifty dollars, - widow and Heirs of John Wilson seven hundred sixty dollars. The Wilson Heirs not satisfied with the doings of the Selectmen, and the after action of the town, petitioned for a Jury to increase the amount awarded for damages and to alter the location of the road. The hearing before a Sheriff’s Jury resulted in an increase of damages to the Wilson Heirs from seven hundred sixty dollars, to eleven hundred and fifty dollars, and an alteration in the road to thirty-five feet so far as it was laid out on the Wilson property. The case was taken to the Supreme Court on the question of the right of the Jury to alter the location of the town way, so far as to alter the width of any Road laid out by the Selectmen of the town and accepted by the Inhabitants at a town meeting legally called. The Judges of the Supreme Court (and we think erroneously) decided that a Jury had a right to alter the location of the road as was done in the case now before you. The Jury might with the same propriety have said the road should be only fifteen feet wide more or less. As the law was, as interpreted by our Supreme Judges, twelve men could undo, what twelve hundred men had previously done, a stretch of power, so undemocratic, that as soon as it was exercised as in our case, the able Judiciary of the House, and the learned Judiciary of the Senate, unanimously reported a Bill to take away the before unheard of power exercised by the Wilson Jury, and the Bill has become a law. It remains now for the town to say whether they will build the road way forty feet wide, and part way thirty-five feet, making a bad and unsightly elbow at the junction of the parts of the road, paying the Wilson Heirs, Eleven hundred and fifty dollars, with costs, or will discontinue a part or the whole of said road, paying them only cost of suit. The Committee have no suggestions to make.”Respectfully submitted.” Voted, that so much of the extension of Central Street as those over the land of the Wilson Heirs or land of Joseph Wilson be discontinued.(151 in favor 92 opposed) Upon Article 5.Appropriation for G. A. R. Voted, that the prayer of the petition be granted. Upon Article 6. Time of holding Town Meetings. Voted, that hereafter the Annual Town Meetings shall be held on the First Monday of March, and that the Report of the School Committee be presented at the adjournment of said meetings. Upon Article 7.State Aid. Voted, that the Town Treasurer, with the approval of the Selectmen, be authorized to hire money from time to time to pay the orders, drawn upon the Treasury by the Selectmen for the Relief of Families of Volunteers, as is required by law. Upon Article 8.Regarding Water Works. Voted, that the whole subject of this article be referred to the Selectmen with full powers, to act in the matter, as they may judge for the interest of the town.(114 in favor 13 opposed) Upon Article 9.Highways. Voted, that the sum of ten thousand dollars be appropriated for the construction and repairs of Highways throughout town, current year. Voted, that the petition for the reduction of the Hill on Dodge Street, at Dodge’s Row, be referred to the Selectmen, to act thereon as they think best in regard thereto. Voted, that the town favors the pending petition for a bridge over Bass River now before the County Commissioners.(217 in favor 66 opposed) Voted, by ballot, that Samuel Obear, be Street Commissioner for the ensuing year. Voted, that the salary of the Street Commissioner shall be one thousand dollars for the current municipal year. 83 in favor 68 opposed. Voted, that the sum of twenty five cents per hour be allowed and paid for all labor on the Highways the ensuing year, each person laboring furnishes his own tools without any extra charge. Upon Article 10.Schools & School Houses. Voted, that the sum of fifteen thousand dollars be appropriated for the support of Schools throughout the town current municipal year. Voted, that the School Committee be authorized to appoint a Superintendent of Public Schools. Voted, that the amount of salary for the Superintendent of Schools be left to the determination of the School Committee. Voted, that the High School be located in the “Odd Fellows Hall” Building on Railroad Avenue. A motion, “that the town will pay the Railroad fares of all scholars attending the High and Central Grammar Schools from North Beverly, and the Farms,” being offered, it was voted the subject of said motion be referred to the School Committee to report thereon at the adjournment. Voted, that the future location of the High School be referred to the School Committee to report thereon at the adjournment. Voted, that the town will build a new School House at North Beverly in that portion of the town, formally known as “Bass River School District.” Voted, that the Selectmen and School Committee be a Joint Committee, to carry into effect the foregoing vote of the town, and that the whole matter of building said School House be left with the said Joint Committee. Voted, that the town will procure a lot of land at North Beverly, in the vicinity of the present School House, formally known as the “Bass River District School House” to build and locate a School House thereon for the Bass River School and if the same cannot be procured at a reasonable price in the judgment of the Selectmen, said Selectmen are hereby authorized and directed, to proceed to select at their discretion, and lay out a School House lot and said locality and appraise the damages to the owner of such land in the manner prescribed by law, but such lot shall not exceed in the whole eighty square rods, exclusive of the land occupied by School buildings. Voted, that the School Committee be authorized to allow the “Old Bald Hill School House” to be used for the purposes of mental and moral progress, as long as the inhabitants in the vicinity will keep the same in good repair at their own expense. Upon Article 11.Money Grant. Voted, that the sum of fifty-six thousand dollars be raised and assessed upon the polls and estates within the town, for the purposes of defraying the debts of the town, and the current expenses of the municipal year. Voted, that the Collector of Taxes deliver or cause to be delivered at the last and usual place of abode of each inhabitant of the town, who may be taxed, or to such inhabitant in person, as soon as practicable after the taxes have been assessed, a list of the taxes assessed upon such person, accompanying which list shall be a notice of the time and place where a Collector will be present to receive the taxes, and also a notice of the meetings of the Assessors to determine upon Abatements, no discount shall be allowed on taxes paid, and interest at one percent per month shall be charged on all taxes not paid on or before the first day of December, which interest shall be added to the and considered a part of said taxes, and that so far as practicable the Collector on the first day of January next put in suit all taxes then due an unpaid, commencing with the highest and so won to the lowest tax. Voted, that the Town Treasurer be authorized to borrow, on the credit of the town, upon notes approved by the Selectmen such sums of money, as may be from time to time found necessary to meet the liabilities of the town. Voted, that the Selectmen, be instructed to make their estimates of the amount of money needed for the different departments, and report thereon at the adjournment of this meeting. Upon Article 12.Jury list. The Jury List as revised by the Selectmen was read, and amended by striking out the names of William W. Hinkley and Andrew E. Story (on their own emotion) and inserting the names of Thomas Glidden, and Samuel D. G. Standley and as thus amended was accepted. - and will be found recorded on the next page. Voted that when this meeting adjourn, it will be to the First Monday of April next at Nine o’clock, forenoon. Voted to now adjourn, and the Moderator so declared the meeting adjourned to meet at the Town th Hall on Monday April 4 1870 at nine o’clock A.M.. A true record. Attest.James Hill, Town Clerk List of Jurors, as revised by the Selectmen March 3, 1870 and amended and accepted by the town at their Annual Meeting held March 14 A.D. 1870. John W. AbbottIsrael P. BrownJoseph Caswell George F. AllenRobert BrownGeorge P. Choate Thomas Andrews Jr.Edward A. BurroughsWilliam Claxton Jr. Joseph B. AppletonBenjamin O. ButmanJacob Crampsey Joseph H. BakerEdward J. CaldwellFreeborn W. Cressy Francis J. CrowellGeorge MillettGeorge A. Standley John J. DennisJohn A. MoultonGeorge T. Standley Andrew DodgeCharles L. MoultonSeaward D. G. Standley Benjamin B. DodgeGeorge ObearDewing Southwick Benjamin N. DodgeEdward A. ObearFrancis C. Spiller Josiah G. DodgeSamuel F. ObearAugustus Stevens Jonathan DodgeDavid OdellSamuel H. Stone Stephen EldredgeAsa J. OsborneCharles H. Stocker West D Eldredge 2dCharles H. PatchJoseph W. Stocker Ephraim A. EdwardsNayson W. PatchRichard Symmes Henry O. EdwardsWilliam H. ParkerGeorge H. Thissell George H. EdwardsAlbert PerryAlbert Wallis Charles ElliottWilliam Perry Jr.Calvin Wallis John K. Fielder Jr.John W. PickettJoseph A. Wallis David L. FosterJeremiah L. PorterNathan H. Webb Ezra FosterSamuel PorterBenjamin Webber George P. Fosterwith a T. PorterJoseph H. Williams Joseph Foster 2dDavid A. PrestonJohn Wood Jr. Augustus A. GalloupeWalter S. RogersAlfred R. Woodberry Samuel A. GentleeJohn B. RoundyJohn H. Woodberry Thomas GliddenBenjamin E. SmithMark A. Woodberry Benjamin GrantEdward SmithJohn H. Young Levi K. GoodhueSamuel D. G. Standley David T. Hanners Russell F. Harding Paul N. Haskell Frederic P. Haskell Francis S. Herrick George Herrick Luther S. Herrick Hugh Hill Jr. Josiah T. Hitchings Joel Kimball Israel F. Lee Josiah R. Lee John H. Lefavour John H. Lovett Charles W. Marshall John F. Masury A true record. Attest.James Hill, Town Clerk At a the legal meeting qualified voters of the town of Beverly held at the Town Hall in said Town on Monday the fourth day of April A.D. 1870, the same being an adjournment of the Annual March Meeting held March 14, A.D. 1870. Voted, by ballot, the John F. Ober be Fence Viewer in place of Benjamin Larcom who declines serving. The following officers were then chosen by hand vote. Field Drivers. Ward 1. Davenport Tuck in place of A. F. Richards declined. Ward 2. John J. Woodberry in place of John Woodberry declined. Ward 3. John Brady in place of Elisha Pride declined. Ward 5. Augustus Marcy in place of Thomas Appleton declined. Ward 7. Benjamin E. Ludden in place of Hugh Hill Jr. declined. Ward 7. William N. Nutter in place of Chester Hobbs declined. Ward 8. Hugh Hill in place of Robert N. Lee declined. Ward 9. Albert F. Dodge in place of Moses E. Wilson declined. Ward 9. Isaiah H. Dodge in place of John G. Brown declined. Ward 10. Sullivan Brown in place of John B. Wilson declined. Ward 10. Alvin H. Jacobs in place of Charles W. Lord declined. Ward 11. Seth Friend in place of George W. Kent declined. Ward 12. Thomas Needham in place of Nathl. Clark declined. Ward 12. Luke Morgan in place of George W. Taylor declined Sealer & Measurer of Leather. William D. Crosfield in place of Levi K. Goodhue declined. Surveyors of Lumber. Edward H. Ober in place of George Wilson declined. John F. Ober in place of Benjamin Larcom declined. Clerk of Market. William P. Moses in place of James Stone declined. Pound Keeper. Charles N. Wallis in place of John E. Baker declined. Inspector of Lime. Philip E. Ober in place of Andrew E. Story declined. The Committee appointed at the March Meeting to consider the subject of the future location of the High School, presented the following report. “The town at their Annual Meeting, having referred the matter of the future location of the High School to the School Committee, the Committee at the regular meeting, held on th the 28 of March, adopted the following as their report. The Committee recommended that the Town purchase a building known as the Chapel Hall, and cause the same to be fitted up for the use of the High School. They also recommend that a School House suitable for the High and Central Grammar Schools be built on the Common at an early period.” Beverly April 2d 1870Jos. D. Tuck, Secretary of School Committee. Voted, that the foregoing Report be accepted. On Motion of Henry E. Woodberry. Voted, the Town Treasurer be authorized to purchase “Chapel Hall” with the land under and adjoining, belonging thereunto for the uses of the High School for the present, and to use the credit of the town for this purpose, at a price not exceeding three thousand dollars. On Motion of Hon. John I. Baker, Voted, that the vote in regard to the Old Bald Hill School House be reconsidered so far as it puts the control of the use of said house in the School Committee, and that instead of said Committee the Selectmen annually appoint on or before the first Monday in May in each year, three citizens of that part of the town, in what was formally Bald Hill School District who shall have the entire charge of said House, and allow it to be used for the purposes specified in the original vote as long as it is kept in good order. Said Trustees shall allow all such improvements to be made on the premises as they may from time to time think expedient, the rights of property in such improvements to vest in said Trustees for the benefit of all inhabitants within said Old Bald Hill School District for the time being. Upon the subject of the transportation of Scholars attending the High and Central Grammar Schools from North Beverly and the Farms. The School Committee reported that after consideration of the matter, they were unable to arrive at any definite conclusion thereon, and they therefore referred the subject back to the town to take such action thereon as they think expedient but make no recommendation in regard thereto. A motion offered by Joseph E. Ober Esq.. “That the Town approve of Chapter 132 of the Acts of 1869, in relation to the Conveying of Children to and from the Public Schools and that the whole subject matter of said act be left to the discretion of the School Committee,” was put to the meeting and lost. 38 voting in favor, 41 opposed. On motion of Hon. John I. Baker Voted, that the Selectmen and School Committee be authorized to purchase or take additional land for the Cove School House so-called, and to make such improvements in connection therewith, as may be necessary. The Selectmen presented the following Report on the subject of Estimates for the necessary appropriation for the current year, “The vote desiring the Selectmen to report Estimates for needed appropriations, has been considered and the requirement seems to be substantially already met in the estimates furnished in connection with the Auditors’ Report. Those estimates it should be stated are made to cover only ordinary expenditures and interest on the debt, and one percent upon the principal to create a sinking fund for the ultimate payment of the entire debt. This is done upon what we believe to be the understood policy of the town, that the Water Works, School Houses, principal roads and other permanent improvements shall be mainly constructed upon the credit of the town, and paid for through a sinking fund as above stated. As to being able to state with entire accuracy in advance, what the expenses of any Department maybe, so long as the law absolutely requires so much to be done for paupers, Schools, roads, police, health etc., and so long as so much is left by the laws and regulations to the discretion of different boards of town officers besides especial votes, that only an approximate estimate at the best can be given, and that for this year has thus been made and will be found as above stated and published within the Auditors’ Report. John I. Baker F. W. Cressy N. H. WebbSelectmen of Beverly Geo. Roundy Seth Norwood Voted, that the vote passed at the March Meeting, whereby so much of the extension of Central Street, as goes over land of the Wilson Heirs and land of Joseph Wilson was discontinued be reconsidered. The question then recurred upon the original motion for discontinuance, which was put to the meeting and lost. Voted, that the Selectmen be instructed to cause sign boards to be put up at the corners of the several streets in town, upon which the names of such streets shall be inscribed. A motion made by Wm. F. Davis “that the Engineers of the Fire Department be authorized to furnish Rubber Suits for Hosemen” was put to the meeting and lost. Voted, that this meeting be dissolved. A true record. Attest. James Hill Town Clerk