I' i' m *»«!¦*."¦:* Yale University Library 39002005744827 YALE UNIVERSITY LIBRARY ARGUMENTS AND TESTIMONY IN BEHALF OF THE TOWN OF BEVERLY THE DIVISION OF THE TOWN, THE LEGISLATIVE COMMITTEE ON TOWNS. 1888. COUNSEL FOR THB TOWN OP BEVERLY: HON. GEORGE D. ROBINSON. HENRY P. MOULTON. RAND AVERY COMPANY, PRINTERS, BOSTON. COJ^TENTS. PAGE Opening Argument by Mr. Henry P. Moulton ... 5 Fourth Hearing: Testimony of Charles H. Odell 33 Fifth Hearing: Testimony of Charles H. Odell 55 Testimony op John M. Murney 58 Sixth Hearing: Testimony of Albert Perry 75 Testimony of Charles F. Lee 84 Testimony of Charles H. Henderson .... 88 Testimony of Jeremiah L. Porter 93 Testimony of William H. Lovett ..... 98 Testimony of James A. Wright 105 Testimony of William J. Berry 114 Testimony of John A. Moulton 116 Testimony of Robert R. Endicott 121 Seventh Hearing: Testimony of Augustus N. Clare 127 Testimony of Hooper A. Appleton 133 Testimony of John Gentlee 136 Testimony of Charles H. Odell 140 Valuation and Taxes in the Proposed Town of Beverly Farms 149 List of Sales and Valuations agreed to and put in Evidence 153 Closing Argument by Hon. George D. Robinson (Eighth Hearing) 155 OPENING AEGUMENT BT MR. HENRY P. MOULTON. Mr. Moulton spoke as follows : — Mr. Chairman and Gentlemen, — The case for the town of Beverly was fully and carefully opened last year, and the figui-es offered at that time on behalf of the respon dents, and which in many respects form the basis of their case, were given as fully as they could be procured. It is not my purpose at this hearing to go over all those figures and facts again in detail ; but I beg leave to refer the Committee to the opening, on behalf of the remon strants, that was made last year, and especially to the figures then presented by Mr. Sohier. So far as I am concerned at this time, I desire to confine myself to the points that have been presented, and the allegations on which the case is being tried this year. If you will allow me, I will first take my place at the map in order to point out some of the localities and features of the town, to which I desire to call the attention of the Committee. ( Mr. Moulton then took his stand at the head of the Committee's table, under a large map which had been spread out upon the wall.) This, gentlemen, is a map of the town of Beverly, from the Manchester line on the one side to Danvers on the other, — a map that has served as a target for the wit of our friends on the other side for the past two years, being sometimes termed a crazy-quilt, and sometimes patchwork, as these pleasant ideas suggested themselves to the fertile imaginations of our friends, — a map which, nevertheless, places in as striking a form as any in which they could be con veyed, some of the principal facts that bear upon this question of division. Now, the fii'st representation of the petitioners, to which I desire to call your attention, is the statement that here at one end of the town is a large village, and that there is no other village in the limits of Beverly of considerable size, excepting that of Beverly Farms, and that between the two there is an unoccupied and desolate country that serves as a natural line for division. In fact, Beverly Farms is perhaps the largest of four distinct villages, — villages distinct from the main part of the town. The first is the Cove village. I am unable to give you the exact number of inhabitants in the Cove village, but you passed through the main street of it yourselves and saw it as it is. Probably it has from seven hundred to eight hundred inhabitants. Up in this part of the town (pointing to the left) is the village of North Beverly, containing some six hundred inhabitants. It has public buildings, including a school, and I may say that there is another school at about this point (pointing higher) that is not represented on the map of the petitioners. This village of North Beverly has not changed substantially for the last thirty or forty years. Instead of five cents a foot being obtained in some recent sales of land, as stated by Mr. Loring, there has been no sale of land for over a cent and a half or two cents, and these sales were of the most eligible buUding land of the village, and immedi ately opposite the station of the Boston and Maine or Eastern raiboad. Instead of forty houses having been buUt there during the last three or four years, the whole number built is thirteen, and they have been small tenement-houses. Then, passing along through the northern part of the town, we come to the village called Centreville, another village of some four hundred or five hundred inhabitants. The farm land on the south western side of Beverly begins at the water and below the street that runs to Danvers. There are still one or two farms left in that part of the town. Going north this is all farming land as far as Wenham ; on the other side it is farming and pasture land, and extends in an easterly du'ection nearly to the line the petitioners have drawn. The real farmers of Beverly live in the parts of the town that I have now indicated, and there are, as I shall show you, sixty-three farmers who own farms of thirty acres against one who resides in Beverly Farms ; and this portion of the town — the real farming land of the town — they propose to leave a prey to the vulture of the central part in case of division. Now, I want to call your attention to the seashore and the situation of the lands there. Beverly, I need not say, is a seashore town, and the most valuable part of its land, and the only lands in which there has been a marked increase of value during recent years, are the shore lands and hill lands overlooking the water at the Farms. This part of the town to which I now direct your attention, west of Beverly Bridge and along the shore of the rivers, is in no sense seashore land. There are two rivers here. This is Beverly Eiver, and the other is known as Danvers River, and the tide runs out of those rivers down to a mere channel. There are perhaps between five and six miles of coast from the wharves in Beverly down to the Manchester line. The entire shore is occupied continuously, as you see indi cated upon this map, by summer residences ; and to what extent the villages of the Farms and the Cove ex tend towards each other, you can also see indicated by these houses dotted upon this map. By far the most valuable part of the shore is Beverly Farms. The shore residences on this side of the proposed division line are similar in character to those at the Farms ; but as a fact, land has sold at the Cove for about one-half the price, on the average, that it has sold for at the Farms. I need not perbaps stop to go into the reason of this to any great extent, but I may mention one or two matters in connection with it. In the fii-st place, the Cove is a mile and a half from the railroad-station ; the Farms have two stations, one at Pride's Crossing, and the other the Beverly Fa];ms station, on the Glouces ter Branch of the Eastern Eailroad. Then the land at the Farms was occupied long before the land at the Cove was taken up. The Farms has always been the more fashionable quarter. Another controlling reason for the higher price of land at the Farms is that the tide leaves the lands at the Cove, and that substantially all the bold lands upon the deep water are below the division line. It is possible, even, at some tides, to walk around Hospital Point. Mr. Lothrop, the originator of the division movement, has recently testified that the flats ceased to be objectionable at Burgess' Point, marked Woodbury's Point on this map. You readily see what a comparatively insignificant portion of valu able shore is left to Beverly in case of division. From the central village to Woodbury's Point, the flats upon the petitioners' testimony are objectionable ; a few rods further on comes the division line, and the proposed division scheme takes from Beverly seven-eighths at least of the most valuable shore-lands of the town, and transfers them in a body to the village of about one thousand inhabitants at the eastern end. Now we come to this portion of Beverly (pointing to the right of the map), the part that is to be set off if the petition is to prevail. This map is colored in this way. The part colored green on the map represents the portion of Beverly Farms that is owned by residents of old Beverly. The part that is marked blue repre sents the part that is owned by the petitioners who live at Beverly Farms all the year round. The part that is marked pale pink or pale red is the part that is owned 10 by non-residents. The other is owned by shore resi dents who vote in Beverly. And if we are asked, as we have been, by what authority we draw any distinc tions between the owners of this land and the owners of any other land in Beverly Farms, we say that we draw the distinction between the owners of land who live and have their interests in Beverly Farms, and the owners who really live in Boston and have their busi ness and aU their interests there. Now, taking the amount of land that the Beverly Farms petitioners own, — the native petitioners, all-the-year-round residents, we find that it amounts to 575 acres, or one-fifth of the whole territory of the proposed new tovni. The amount owned by Beverly residents is 725 acres ; 150 more acres in the proposed new town are owned by people who live in Beverly than by those who live at the Farms. And if it is a reason why this petition should be granted, that persons have to go from Beverly Farms to Beverly to pay their tax-bills, it is a reason why the petition should not be granted, that 150 residents of Beverly would have to come to Beverly Farms to pay their taxes iu case of division. There are no permanent residents south of the line of the railroad; with a single ex ception, there is not one who owns any land upon the shore. This place colored blue represents West Beach, owned by a corporation, and is not the property of any private person ; and, with this exception, one small lot is the only shore land owned by the people of Beverly 11 Farms. Drawing a line by Mr. Haven's place, you have on the east of it nine-tenths of all the resident, petitioners of Beverly Farms. Nevertheless, they have drawn their line down to the point of division here ; and they come — the petitioners who base their claim upon their distance from town come to within a mile and a half of Beverly town hall, and ask you to grant them all the intervening territory. In this section between Plum Cove and the brook that forms their proposed western line, there are scarcely any resident petitioners ; I do not know that there are any property holders, residing betAveen these two points, who have signed the petition. Looking at the location of the schoolhouse at the Cove, you will see that they requii'e children near the line to go two and a half miles to the school at Beverly Farms, instead of half a mUe to the school at the Cove, and in the direction where there is cheap transportation by horse-cars, instead of in a direction where there is no communication at all. The valuation, real and personal, of this section I have indi cated to you as something like two million dollars. In front of the Haven and adjoining estates is West Beach, a nule in length, the finest and most valuable beach on the North Shore. Now, Mr. Chairman and gentlemen, it has always been thought expedient by the petitioners to insinuate and assert in some form of language, that the people of Bev erly were not earnest in opposing this petition for the division of their town. We heard the first year, before 12 our case was presented, that there was to be no opposi tion at all. In various forms this suggestion is repeated at every hearing, and this time it is intimated that the people of the town at one time determined not to defend the case last year, that objection to division was only made by town officers, and that the citizens gen erally are indifferent as to the result of this contest. Such assertions are an entire misrepresentation of our position. Whether we are right or wrong, no one has the right to say that the people of Beverly have ever been indifferent to the proposed dismemberment of their town. The more the facts have been investigated, the more clearly has it seemed to us that no adequate cause for division exists, and that the petitioners' de mands are thoroughly inequitable and unjust. I can assure you that there is but one opinion among the people of Beverly in regard to this proposed division of the town. We do not come here to make any half-hearted or timid defence. We do not come here representing only a few town officers, with the mass of the people acquiescing in any such claim as that which is made by these petitioners ; and the fact that we have appeared year after year, now for the third time, with unequal means, to defend ourselves and present our case before you and before the Legisla ture, is sufficient reply to the suggestion that the people of Beverly are not really in earnest in opposing this petition. Now, let me go rapidly over the reasons that are 13 urged in favor of granting the petition, as stated by my brother Williams in his opening argument. I only allude to most of them at this time, for I do not intend to encroach upon the province of the learned counsel with whom I am associated, and present matters to you in the way of ai-gument at the opening. In the first place, it is said that Beverly Farms is situated four and a half miles from the town of Beverly. The distance is over-stated, but it is true that the village at the Farms is situated four miles from the town ; the people there are four mUes away, just as they have been for two hun dred years in that locality without any complaint on their part, and, so far as it has appeared in the past, without any serious annoyance on account of the dis tance between them and the old town. Now, gentle men, the argument in reply has been repeated until I am tired of repeating it ; still it has the same force as it had when it was first suggested. If the mere fact of distance is a reason for dividing the town of Beverly, then every village which happens to be situated at a distance from the main part of the tovm to which it belongs can come before you and ask for division from that town on that ground alone, and you cannot consist ently refuse to grant its petition. If the position is sound, there is no need of special legislation, but a gen eral law, incorporating villages as soon as they cease to be a burden on the parent town, would fully meet the wishes of the petitioners. But allow me to call your attention to the fact that the Farms are situated in such 14 a way as to be conveniently — and now more conven iently than ever before — connected with the old town. It is but a few minutes walk or ride from any part of the Farms to one of the two stations on the Gloucester Branch Eailroad, the service of which is equal to that on the main line, where way trains are run each way so as to accommodate passengers in the morning, in the fore noon, in the afternoon, in the evening, and late at night, and it is only a ride of about ten or fifteen minutes from the Farms to the principal village. So that there is a minimum of inconvenience at the present time arising from distance. Communication with Beverly is much more inconvenient from Centreville and some por tions of North Beverly, than from the Farms. Beverly is not a large town. It covers, as has been stated already, something over eight thousand acres. The average acreage of towns in the State is something over thirteen thousand acres. We took the trouble at one time since division was first proposed, to compile a list of towns in which there were villages, one or more, separated from the main part of the town by a distance as great or greater than that which separates Beverly from the Farms. But I will not weary you with a mere repetition of them. I refer again to the fact that locat ing the division line where they do, these petitioners have not regarded their own argument of distance, and that they compel parties, living just east of the line of divis ion, when they attend town meetings and schools, to go two miles and one-half to their centre, although they 15 live a mile nearer the public buildings and town officers of the principal village. Now under the head of distance. The old argument, that it is a great inconvenience to come up to town- meeting from the Farms, is again urged this year, with all the eloquence with which my brother Williams is in the habit of putting it. And the curious suggestion is made, that if town-meetings are held in the evening, the person coming up from the Farms has got to lose part of a day. There has been no way devised, so far as I know, by which a citizen can attend to his public and his private duties at the same time. Long ago, Beverly Farms desired Beverly to hold its meetings in the evening, and persons from the Farms, on the floor of the town-hall in Beverly, advocated the establishment of evening town-meetings. Town-meetings have not been held in the evening for the accommodation of voters in the old town, but for the benefit of the outlying dis tricts, and especiaUy the Farms. It is said now that a man must lose an hour at the end of the day, in order to attend in the evening, but if these meetings are held in the daytime, which they tell us now is the only rea sonable arrangement, then he is going in most cases to lose the whole day, if he is to bring any effective influence to bear upon public affairs. Let me refer for a moment to what has been said about schools, and I wUl not stop to notice the assertion that chUdren have been made uncomfortable by their playmates in school on account of division agitation. 16 except to assert that the charge is entirely without foundation. The evidence in this case wiU fail to show that a single scholar from the Farms has ever been persecuted or annoyed by his schoolmates in Bev erly. I only allude to the matter, to deny altogether and in toto what has been alleged. But they say they cannot conveniently, or rather, that they wUl not, send children to the high school in Beverly. Have they informed you what is going to be done in the way of establishing a high school at Beverly Farms in case this division is granted ? You have in evidence the fact that there are thirteen scholars aU old in thfe proposed new town who are capable of entering a high school. I ask you what town is there in the State that supports a high school for the benefit of thirteen scholars? The law requires that a town having five hundred families shall support a high school. Not, however, a high school of the grade of that in Beverly. Here will be a town of less than two hundred voters. The Boston residents have no object in establishing a high school there, because, as Mr. Loring has testified, they educate their chUdren elsewhere, and they have no more to do with the vUlage school at Beverly Farms than they have to do with the schools at Beverly. So that if division is granted on account of the alleged high school grievance, then these same chUdren who are now suffering because their parents wUl not permit them to attend the high school in Beverly, wiU either have to come to that high school 17 after division, or they will have to go to some place beyond for the higher education which they cannot, or rather, as the petitioners themselves have it, they will not, come to Beverly to acquire. Notice now what has been said about the relations existing between these two sections of Beverly. The attack that has been made upon us is more violent and bitter this year than it has ever been before. To any one who knows facts, the statements made by my broth er in opening are rather a subject of mirth than of serious consideration. But if the. people of Beverly for a moment supposed that these statements were going to be taken as facts ; if they had any idea that anybody was going to believe that there was any such state of things as that so eloquently described by my brother WUliams in the opening, they would repel the charges as indignantly as any man in this room would repel such charges if made against himself personaUy. If we have any thing against the people of Beverly Farms, it is that they allow these charges to be made without a protest. Now the people of Beverly have no feeling, and never have had any feeling, against the people of Beverly Farms, and that is to a large extent admitted by their own evidence, that until two years ago, there never was any difficulty, or want of harmony, between these two sections of the town. The old days of half- savage feuds between adjoining villages have gone by, have they not 1 The people of Beverly are not aU chil dren ; they have got something else to do besides insult- 18 ing others, calling hard names, and nourishing a spirit of hatred against a community of their neighbors and feUow townsmen. So far as this division movement is concerned, they have not had any ill feeling. Undoubt edly, in times of excitement, there may have been something said on one side or the other, unpleasant for the moment, but that amounted to nothing, and that has not been the cause of any lasting feud or deep feel ing. Beverly people have not had a feeling of hatred against the people of Beverly Farms, in the first place, because they are their own kith and kin, and have no quarrel with them, and, so far as the question of division is concerned, because the people of Beverly have aU along known that the people of Beverly Farms are not the real petitioners, and not those who were urging this fight upon them year after year. Some thing else, which I hardly care to notice, is said in the same connection. It is said that the press of Beverly is bitterly hostile to the people of Beverly Farms. The press of Beverly has been hostUe to the division move ment, and not to the people. But my brother Williams did not tell you more than half of that story. He did not teU you that there was a paper established in the interest of division, caUed the Beverly Farms Advo cate (a few copies may have come to the State House at some time), and that this paper has been prodding and goading us from the time of its birth to the present. WhUe that process is gomg on, my brother WUliams is entu-ely happy : but when we wake up, and give them 19 a shot back, he wrings his hands in despair, and says there is such a deplorable state of feeling between the two communities, that no earthly remedy can be found for it save division. Now, coming to the more serious charge, let me call your attention to the matter of taxation of Beverly Farms. And I am going to say in reply to the charges of unjust and disproportionate taxation, that the people of Beverly Farms are taxed less than the people in any other section of Beverly, and that if there is any dis crimination in taxes, it is in favor of Beverly Farms. We have had some talk about personal estate. It is agreed that the assessors went down to Beverly Farms in 1S86, and found a miUion and a half of personal property there which had not paid any tax up to that time. My brother Williams says in his opening that they discovered $3,000,000 of new property. Mr. Loring testified to a rise of real estate in 1886, of $1,600,000, leaving $1,500,000 of personal property out of the $3,000,000. It was about time for the assessors to put then- spectacles on, when there was $1,500,000 not pay ing any tax, and which they agree is not and cannot be over-taxed at the present time. With regard to per sonal property on the other side of the line, we have to say this, that it has not been proved, and cannot be proved, for it is not the fact, that there has been any omission, — certainly not any intentional omission on the part of the assessors, of any personal property on the Beverly side of the line, and we hope satisfactorily to 20 answer all guesses and opinions made by Mr. Loring upon this point before the evidence in this case closes. Let us come to the rise in the valuation of real estate in 1886. Forty years ago, or a little more, the land at Beverly Farms was worth the same price as any other pasture and woodland. The shore was first taken up for summer residences, and the present occupants of it began to come to the Farms about 1844 to 1848, and since that time the rise in value of land at Beverly Farms has been constant and continued up to the pres ent time. Even in the panic of 1873, and the years of depression that followed, the price of Beverly Farms land went steadily upward, instead of taking a down ward course in common with almost every other de scription of property throughout the country. Now, Mr. Loring states that in 1870 the valuation of Beverly Farms was something over $800,000. In 1885, according to his figures, the valuation was between $4,000,000 and $5,000,000, and the latter we are told was a fair and normal valuation. That is, upon their own figures up to 1885, in 15 years the increase in the value of real estate had been five-fold. A petition for division was presented in 1885. It is asserted that this rise in valuation occurred in consequence, and that it was made by way of revenge and to compel the Farms to assume a large portion of the town debt in the event of division. True, a petition was presented to the Legislature of that year, and it is also true that certain other things occurred during the same year which bear directly upon this case. 21 In the first place, the town of Beverly by vote in town- meeting which had no reference to division, and which was passed before the division movement commenced, required the publication of the assessors' valuation of aU the property in town, and the valuation book of 1885 was pubUshed. That had not been done before for several years, certainly not since the great rise in value of land at Beverly Farms. The exact facts as to the valuation of all the property in town were thus brought to the attention of the people of the town. Then it would appear that the people of the Commonwealth and the Legislature were thoroughly convinced at that time that there were persons on whose property no fair valuation was placed, and that the evils resulting from this fact were such as to require the application of a stringent remedy. Accordingly the Legislature passed an Act that year to which I shall call your attention. I refer to Chap. 355, Acts 1885. This Statute is entitled, " An Act to secure fair and equal valuation through out the Commonwealth of property subject to taxa tion." That Act in its first section prescribes the oath that assessors shall take, and the oath, in the form given in this statute, has been required as the oath of office of assessors since that date. 'The third section of the Act declares that every assessor of every city or town, or other person chosen to declare the value of property for the purpose of taxation, who shaU knowingly fix the valuation of any property at a less sum than its fuU and fair cash value, — and I call 22 yom- attention to the language of this statute, the full as weU as the fair cash value, for the statutes before required that property should be assessed atits/mV cash value, — the Legislature now said to the assessors aU over the Commonwealth, 'Some of you have been violating the provisions of the statutes in your official acts. We caU your attention to the provisions of the law, and if you violate the law and your oath of office in the future it will be at your perU ; " and the Act goes on to provide that for any breach of Section 3, there shall be imposed a fine not exceeding one thousand dollars, or imprisonment not exceeding six months, or both such fine and imprisonment. So that if property at Beverly Farms was assessed at one- third of its value before 1885, then it was at some per sonal risk that the assessors continued to assess at the same rate after the passage of this Act. Now, gentlemen, I have a list of all the sales that have been made at Beverly Farms since 1 880 that I can find, and as this matter of taxation has never been fuUy presented, as I believe, in accordance with the facts, I ask your indulgence whUe I read in detail this list with the valuations of 1885 and the valuations of this year, and compare both those valuations with the prices that the same property brought at actual sales. 23 BEVERLY FARMS William Powell Mason Alexander Cochrane Emily D. Tyson Stephen G. Wheatland Dr. R. H. Fitz Eugene V. R. Thayer Henry P. Kidder Andrew C. Wheelwright Mrs. Whitman and Miss Perkins Thomas Gaffield and Martin Brimmer Thornton K. Lothrop Franklin Haven (Miller Hill) . Franklin Haven (Haskell Street) SHORE LANDS. Assessed Valuations. Prices 1885. 18S7. Paid. . $41,000 $62,400 $80,000 15,000 19,600 30,000 . 14,000 84,850 55,000 . 13,250 20,700 25,000 22,600 40,000 45,000 . 17,000 38,650 70,000 30,000 66,100 112,000 19,100 30,500 45,000 32,850 39,000 75,000 4,300 7,975 24,041 15,800 25,375 35,000 Admitted value. 1,700 6.000 6,000 600 1,000 1,000 $227,^00 $392,150 $603,041 The total of the prices paid for the above property shows that in the year 1887, when for purposes of revenge there has been an outrageous over-valuation, it is only assessed at about two-thirds of the actual price that it brought, and there is not one of these lots of shore lands that has been sold at a price nearly as low as the assessors have valued it in 1887. I wish to say that if there are any sales known to my friends on the other side, that are not in this, and that will change the effect of these figures, I ask them to produce them, for we do not want to make any mistake in this part of the case. But the first matter I should have called your attention to, is the fact that the valuation of these lands in 1885 24 was $227,200. That is to say, the assessors assessed these shore estates in 1885, at one-third the actual price paid. Now, I am not going to comment at length on the conduct of the assessors for the year 1885. It has already been said on the floor of the Legislature, that the assessors of that year were either knaves or fools. This in my judgment does not foUow. We had in Beverly a somewhat peculiar state of things, — we had a portion of the town where land was rising rapidly in value. The amount for which these sales were made was not at that time known. With a shrewd eye to business the prices were concealed. All the information that could be got from the deeds of conveyance was, the grantors conveyed the property in consideration of one dollar and other valuable considerations. And you have heard Mr. Loring testify that he incurred the ill-will or at least the criticism of his friends in disclos ing as he did for the first time in his evidence here, on the first division hearing, the rates at which the lands were selling at Beverly Farms. The testimony given at this first hearing disclosed the prices at which property on Beverly shore was sold, the publication of the valuation book disclosed the valuation upon it, and from both sources the people of Beverly learned the exact facts. Now I am going on beyond this list, because gentle men from Boston came here last year and said they did not complain about being enormously over-taxed them selves, — they could endure it, — but that their hearts were overflowing with sympathy for the poor people in 25 the village, the permanent residents, who were taxed beyond all endurance. Now, I give you some figures regarding sale and valuation of the vUlage lots at Beverly Farms. I give the names and prices, and all the sales of which I can obtain any information, and, I have no doubt, substantiaUy all that have taken place : — VILLAGE LOTS AT BEVERLY FARMS. James J. O'Brien Charles E. Hubbard Abigail Young . tl It Town of Beverly Ellen Vaughan . Caroline E. Lovering Sarah L. Ober . W. C. Loring S.A.Fogg. Total . Assessed. Assessed. Prices 1885. 1887. paid. $1,150 $1,450 $2,200 6,000 15,950 20,000 150 300 425 100 150 325 1,500 4,350 4,691 800 800 1,850 800 925 1,850 1,500 2,972 8,000 550 2,600 5,000 150 350 812 $12,700 $29,847 $45,153 The total valuation of these lands was in 1885, $12,- 700, and in 1887, $29,847. The actual sale prices being $45,153. So that the disparity is even greater between the valuation in 1885 and the actual price paid for the village lots, than between the valuation of 1885 and the price paid for the shore lots. Then there are the hill lots at Beverly Farms. Mr. E. W. Gurney was assessed in 1885 at $10,500, and in 1887 at $17,900, the price paid being $22,500. Mrs. 26 Joseph Cabot's lot was assessed at $9,388 in 1885, and at $20,626 in 1887, the price paid being $32,000. The totals are : $19,888 of assessment in 1885, $38,526 val uation in 1887, and prices paid $54,500. The aggregate shows as follows : The whole of THE shore land, VILLAGE LOTS AND HILL LOTS WERE ASSESSED AT $260,788 IN 1885, AND AT $461,523, IN 1887 ; THE TOTAL PRICES PAID BEING $702,696. Not one lot of land at Beverly Farms, either shore, hill, or village property, has sold at less than the high est valuation that the assessors ever put upon it. That is something that cannot be said of any other portion of this town of Beverly. I shall come in a moment to the question of discrimination. It is said that from motives of revenge, and for the purpose of making the town of Beverly Farms, in case it should be incorporated, as sume a burden that did not belong to it, this assess ment was raised. If that is charged, we deny the statement entirely. But, if they merely mean to say that the assessors and the people of Beverly, so far as I have any authority to speak for them, that when they knew the facts, they determined that whether Beverly Farms should go or stay they should assume something Uke the legitimate burden that they ought to bear, that they themselves were bearing [under the law ; if this is what they mean, and that the valuation was raised with an idea of having a full and fair valuation all over the town, in compliance with the law of the Commonwealth, then it is true ; p,nd we stand here before you and justify 27 the acts of the assessors fuUy and without apology. Now it is said that there has been discrimination in the valuation, and my friend Mr. Williams says just as soon as you come on the other side of the division- Une, you see a difference. In his language, — more expressive than any I can use, — " the assessors of Beverly have ratified the division-line that the people of the Farms selected." That means that the Cove shore estates are assessed at less in proportion than the Farms estates. I have particulars of all the sales that I can get information of, regarding the shore land at Beverly and the Cove, the point at which the fire of my friends on the other side is principally directed. Let me read a list of sales at the Cove of shore lands and the valua tion placed on the property this year by the assessors : — SAI.es of SHORE LAND IN OLD BEVERLY. (From testimony.) AsBesBed Prices 1887. Paid. Henry W. Peabody $15,700 $10,750 Amory A. Lawrence ...... 15,600 8, 100 WUliam Hobbs 9,000 6,000 W. O. Grover 14,000 11,000 C. Almy 4,400 4,500 Charles Torrey 7,500 6,000 J. W. Lefavour 18,300 20,000 W. D. Pickman , 24,475 40,000 W. Sohier 7,500 8,000 $116,475 $114,350 The prices paid in the aggregate for shore lands at the Cove were between $2,000 and $3,000 less than the figures which the assessors put upon that property 28 in 1887. We shall show you by actual sales in aU other parts of the town where sales have occurred, that property is assessed at its " fuU and fair cash " value ; the fact being that in all sections of the town, except at the Farms, sales have been made at about the valuation of the property, sometimes more and sometimes some what less. This is our answer to the charge that we have unjustly discriminated and over-taxed Beverly Farms. Then they say that Beverly will be one of the wealthiest towns in the whole Commonwealth if the division is granted. We are told it wiU rank eighth in wealth. This is not the fact ; Beverly Farms, with a population claimed for itself of 1,300, is eighth in wealth at the commencement, and it wiU be a good deal nearer the top than that as time goes on. They say that Beverly wiU have over $6,000,000 left, and that wUl make it one of the wealthiest towns in the Common wealth. But in making this statement they -take the aggregate property of Beverly, and make no account of the number of people among whom it is to be divided. Now, there wiU be left in the town of Bev erly, according to their figures, a valuation of $6,952,- 775. The poils of Beverly number 2,453. This leaves per poU $2,834. The average amount of property per poll in all the towns of Massachusetts is $3,462. Their position then is this : They come here saying that Beverly is one of the largest, wealth iest and most prosperous towns in the Commonwealth, 29 and that the division is not going to injure them one cent, and yet upon their figures it is going to reduce a town they call wealthy to six hundred dollars per poll less than the average amount in the towns of Massachusetts. Now, take the figures as to the deficit in Beverly and the division of funds. The result of division would be to add about sixty per cent to every tax bill in the town, and the income of the town divided by the number of polls (taking only the same amount of property to each side), — the inevitable result is that the Farms receive nine dollars where the people in the town receive one doUar. This applies to both the income and valuation, and is equaUy true whether it is taken before subtracting the debt or afterward. There are certain other things that bring out the features of this case in a strong light. Some of them have been mentioned before. I desire to caU your attention again to the fact, that Beverly Farms wUl have thirteen mUes of road to take care of, and that the town of Beverly will have forty-seven with the same income. Beverly Farms has one hundred and fifty scholars (it was said to be one hundred and five, two years ago), to educate with the same amount of revenue as that with which Beverly has to educate one thousand six hundred scholars. Now, I wUl only mention without attempting to argue what seems to me the most important part of our case, and that is the question of the public policy, whether this division should take place, and a town should be created for which there is no earthly necessity, where 30 the wants of the inhabitants are well supplied at pres ent. Whether a town should be created from a vUlage that has not increased in population or in business for forty years, where there is no probabUity of an increase in the future, except in wealth, where one half of the houses are vacant for six months in the year, and where the inevitable result of division, wiU be the creation of a club town, to which rich men may resort to enjoy the blessings afforded by the smallest municipal expenses, and the lowest rate of taxation. Indeed, when you come to examine the evidence that has already been introduced into this case, we believe that you will be sati|^ed that the object and motive of this petition, and the reason that this contest is again forced upon us, is to secure the establishment of a town affording every advantage of seclusion and low taxes. I do not wish to pass entirely unnoticed the statement that only three per cent of the town debt and $150,000 in addition, was created for the benefit of Beverly Farms. The amount Beverly Farms received has been much more than the percentage named of the amount expended by the town of Beverly, and much more than $150,000 in addition. The town at one time spent $200,000 in laying water pipes, and widening and straightening the main avenue to the Farms, and it was in consequence of the demand of the Farms for these improvements that the town of Beverly entered upon the course of expenditure that lasted for some years, and that created 31 the debt which at present exists. Then we say further that in recent times the town in response to demands from the Farms (you will find it in last year's evidence) severed its connection with the city of Salem, and estab hshed an independent supply of water sufficient to reach the highlands at the Farms and for which there was no demand from any other portion of the town. Beverly is only in the front fighting the battles of other places, as well as its own. It is notorious that in Essex County, wherever an opportunity is offered for the divi sion of a town that will secure similar advantages to those which the Beverly petitioners seek, petitions for division have either been presented or are kept back only to await the final action of the Legislature upon the peti tion which is before you. It has never been the policy of Massachusetts to create a town like the proposed town of Beverly Farms. The towns of Nahant and Swampscott were separated from Lynn, but before there had been a considerable accumulation of wealth in either place, and when their valuations bore no com parison with that of Beverly Farms to-day. It is con tended by the remonstrants that the petitioners have no valid reason for separation from the old town ; that in their relations with the town of Beverly, they have always been fairly and justly treated ; and believing that this proposed division is an unjust one, and that the shore lands, the only part of the town of Beverly that increases in value, belong to the whole town, and not to a small portion of it ; and believing also that it is not 32 in accord with sound poHcy that such a town as Beverly Farms must be, if incorporated, should be created, we come here and present our case, and ask that the prayer of this petition be refused. Let me add a single word about Wenham, which is one of the smallest towns in the State ; they take about four hundred and seven acres from the total of four thousand acres. They go into Wenham without saying. By your leave. There is no grievance or complaint against the old town of Wenham, by the inhabit ants of the eastern section. It is said to be an ad vantage to the inhabitants of Beverly Farms to have control of the school in East Wenham. They say it will be an advantage to some ; but if you wiU look at the road in the north-westerly part of Beverly Farms, you will see that division would be a decided disadvan tage to people who reside on that road, who are largely opposed to division, and who must send their children a mile and a half to the East Wenham school, instead of half a mile to the Centreville school in Beverly. Now, of four hundred and seventeen acres of land, there are sixty-four landholders, but only thirteen of them reside in that part of the town, and these thirteen resident property-holders own less than sixty acres out of the whole area of four hundred and seventeen acres. The rest of this eastern section is owned in the old town of Beverly and Wenham. I add that the people of Wen ham, for reasons that wiU be given in evidence, are almost unanimously opposed to the proposed division of their town. TESTIMON^Y. FOUETH HEAEING. TESTIMONY OF CHARLES H. ODELL. Q. (By Mr. Moulton.) Mr. Odell, you are a member of the Board of Assessors of Beverly? A. I am, sir. Q. You were chairman of the Board last year? A. I was chairman of the Board last year. Q. And you testified last year ? A. I did, sir. Q. As to the action taken by the Assessors in the valua tion of 1886 ? A. Yes, sir. Q. I will not ask you to repeat that testimony. Did you hear the statements made by Mr. Dow and Mr. Ober in rela tion to a conversation with you, at this hearing ? A. I did, sir. Q. Will you be kind enough to state to the Committee what the conversation was ? A. During the investigation of last winter, when we had late night sessions, between 5iine and ten o'clock or ten and eleven o'clock, I think the train used to arrive in Salem at eleven o'clock, I was going down one night in the smoking- car ; Mr. Ober was sitting opposite me, where the card-table is, and he was conversing about the matter in general. This gentleman came over, and Mr. Ober introduced him to me as 34 Mr. Dow. He said he complained of the valuation of his land. I asked him about the location of it, as he was an entire stranger to me. He said it was down to Larcom's. I replied to him that I thought his land was fairly assessed ; that was, the assessments, all of them, were governed by the sales in the localities where the land was ; we had no other basis to go on, except the actual sales. And I went on and told him that one matter for consideration was that Miss Burnham, of Boston, had refused considerable more than what he was assessed for ; on the other side of him there was a lot bought by Mrs. Burnham that was assessed for 1900 and brought 11,100. Q. How did you begin the conversation about the way the assessment was made in the spring of 1886 ? A. Then he spoke about Miss Ober's land, the Miss Ober who was on the stand here, and said she was over-taxed. I think he boards with her. I told him that Miss Ober's land in 1885, which you will see by your books is assessed at eighty cents a foot, was assessed at the same price as the surrounding land. Every street has a different valuation, and we have a price per foot on the right and left hand side of the street. We went over all the streets of the town thoroughly. Q. This was your talk with him ? A. This was my talk with him. Said I: "If you will look over the land you will find " — this was in 1886, — " you will find that she has more land than she had in 1887." The survey was made by her own uncle. Q. 1885, do you mean? A. More than she had in 1885, — " and if you will figure that, you will find it comes to the same price." That is, she had more acreage than she had ever been assessed for. Then he went for Mr. Alvin Haskell's land, which has been pointed out to the Committee a number of times, a piece of land bordering on low land ; I think it was formerly a gravel-pit. A good deal of gravel has been taken out of it. It was assessed, I think, at over $3,000. Well, I told him 35 that we were governed in regard to that land by the land adjoining, Mr. Haven's. This land adjoins Mr. Haven's. Mr. Haskell came before the Board of Assessors, and was, I think, the only man. Q. I just want to keep your testimony to this conversa tion. A. This is the conversation about the land ; this is the first going off. I told him that Mr. Haskell would only tell us what he got for one piece from Mr. Haven, and the second piece he refused to tell the Board about ; therefore from the evidence we had, we assessed his land at the price which one of the assessors, who lived at the Farms, said he had been offered. He said he had been offered so much for it, and we assessed not so much as he said. Q. Now come right to the conversation. A. I am telling the conversation as far as I remember it. Then he conversed about the general assessment and the general trouble at the old town. Well, I told him that as far as I was concerned, personally, I was sick and tired of it ; that I very reluctantly went on to the Board of Assessors ; that after the hearing in 1885, the old town being up in arms about it, and the raking which they got in Boston here, that they did come to me, the prominent citizens of both parties. Republican and Democrat, and asked me if I would stand as one of the Board, as they proposed to put in a majority of new members on that Board. I told him I reluctantly con sented ; that I had got about all I wanted, that I had got about sick of it, and I didn't want any more of it. That was about the substance of the talk th§n. Q. Did you tell him, did you tell any of them, that you were put on with the understanding that the town of Bever ly should not contest division ? A. That statement, sir, is not true. Q. Did you say any thing of that kind to Mr. Ober ? A. No, sir. Q. Or to the other man ? A. No, sir. And it is very improbable — 36 Q. I do not ask you whether it is improbable, I only ask you for the fact. A. No, sir, I did not. Q. Did you say you were put on for the purpose of rais ing the valuation of the Farms so that they would have to pay an undue proportion of the valuation and of the debt in case they were successful ? A. I do not think, sir, the debt was mentioned ; I have no recollection of it. I said I was put on to equalize the val uation, which you will find in my testimony of last year. That was all I said. Q. Did you say any thing more than that ? A. No, sir, I did not. Not only that, but some people of the Farms came to me also, to ask me to go onto the Board of Assessors. Q. Did you say that Mr. John I. Baker came to you ? A. I have no recollection of Mr. Baker's coming to me. Q. That is not my question. A. No, sir, I did not. Mr. Norwood did come to me, and lots of these gentlemen. Q. Did you say any thing about Mr. Roads or Mr. Jones giving any advice in the matter ? A. No, sir ; I never heard the names of Senator Roads or Senator Jones mentioned; they were not senators at that time, either ; at any rate, Mr. Roads was not. Q. Well, that was the year before ? A. Their names were not mentioned. Mr. Stearns. Mr. Roads was a senator at the time of the conversation, and so w^s Mr. Jones, too. Q. Mr. Odell, will you tell me how the Lowell estate is assessed this year, or how was it assessed last year, either ? I don't care which. A. The Lowell estate this year was assessed from what came out in the testimony of last year. I went to the Suffolk Records to see what could be found, and I found there was no return there. I went to Mr. Hills, chairman of the Board of Assessors of Boston, and I asked him how he assessed 37 the estate. He told me he assessed the whole estate ; the estate had never been settled, and the estate was in Boston. I claimed that we were entitled to one-ninth of the estate, that is, of the personal property, as Mr. William D. Sohier and his sister were living in Beverly. "Well," said he, "if that is so, we shall have to abate it, if it belongs to you." I claimed that it did, and I found in the tax commissioner's office that the trust property had already been returned to us for a number of years by the sworn return of the trustees, that is, part of it. That is the way I got at the portion that belonged to us ; that they had already received the corpora tion tax on the trust property as belonging to them, but not the direct tax. I asked him what his assessment was, and he said $160,000 personal on the whole estate. I asked him how he arrived at it, if by dooming ; and he telephoned down below, and asked how they got it, and they said it was doomed, that they had never made any return. I asked him if there had been any more, and he said he gradually raised it a little every year until they brought returns in. I asked him how he did in such cases, and he said he gradually raised them, and when they got the doom high enough people gen erally came in and made a return. Q. What did you do ? A. I took one-ninth of it ; that is, one-eighteenth of it for Mr. William D. Sohier, and one-eighteenth for his sister, and we assessed them for $18,000. Q. What about the assessment of the Pickman estate this year ? A. The Pickman estate for this year, I went over that very carefully with the rest of the Board. Mr. Murney and I went to the Boston office, and we overhauled every thing we could find. Mr. Pickman is alive. I found he was assessed, — I could not get far in Salem, but he has got some property in Salem, — I found Mr. Pickman was assessed on real estate in Beverly for $117,425 ; I found he was assessed on real estate in Boston for $337,000 ; he is assessed for personal in Beverly on $274,550 ; making a total of $728,- 38 975 ; then on his corporation stocks, which he pays to the State, he is assessed for fifty shares of the Boston Cooperage Company, eighty-five shares of the Boston Cordage Company, seventy-five shares of " The Boston Daily Advertiser," two hundred shares of the Boston Storage Company, a hundred shares of the Continental Sugar Refining Company, fourteen shares of the Washington Fire and Marine Insurance Com pany, eighty shares of the Salem Lead Company, sixty-seven shares of the National Dock and Warehouse Company, sixty shares of the Middlesex Company, and fifty shares of the Massachusetts Hospital Life Insurance Company. And, as I say, judging from what was said last year, and from what was said by the chairman of the Board of Assessors in Boston, that if Mr. Pickman paid on real and personal estate to the amount of $500,000, he thought that would be as much as he ought to pay on, and we having found three-quarters of a million, I didn't feel justified as one of the Board, and the Board decided they didn't feel justified, in raising him any more than he was, on his personal estate. Q. And that was all the property you had information about, from all the means of information you had ? A. That was all, sir ; we could not get at any other information. Q. What have you done in relation to looking at estates in relation to personal property ? A. We have taken that book of 1887, which is in evi dence here, that tax-book, the assessors' valuation book, and we have looked at every estate in the town of Beverly that appears on that book at the Probate Courts ; we have the inventories, and they are all here, the schedules of all the property which you will find in here, of every estate in the town of Beverly, that there is any account made of. The parties are assessed according to the schedules filed, and the inventory of stocks, name by name, and the assessments are made up into this book, and carried into the valuation book. Q. Has any one been doomed in the town of Beverly any more than the returns in the Probate Court? 39 A. No, sir, not one. Q. On either side of the line ? A. No, sir; we have gone strictly according to the re turns. We have given exactly what we have found. If we found a hundred shares of stock, we have taken the valuation report, and made the tax according to the price, and made a return. Q. And the inventories that you have taken from the Probate Court are of probate estates all over town ? A. All over the town ; and also copies of wills and the probate estates are in this book. Q. What in relation to the Sears estate, Capt. Odell ? A. I went over the Sears estate last spring with Mr. Murney at the Suffolk Court, and also took the daughter ; we had the daughter's inventory — that is, in this book, Miriam, who died in Essex County — and I could not see under the returns they made there, where we could find as much personal property as we have assessed. If you will remember, the law was changed in 1881 in regard to mort gaged property. This property has been carried along in Beverly at the same price for a number of years, about $200,- 000; $90,000 to Mrs. Sears, and $60,000 to one of the girls; but Mr. David Sears has never been assessed in Beverly, and we claim he does not reside there. We have Henry F. Sears, and he is assessed ; the estate is assessed at about $200,000. Then, as I was saying, under the law of 1881 or 1882, it has been decided that mortgages are exempt from taxation. We looked into that matter very thoroughly, and found that most of this Sears property, in fact, it was noted before he died, that Mr. Sears, most all of his property was in real estate in Boston. There are three of the family living. You will find most of his estate is in mortgages on real estate ; for instance, you will find an item of Nathan Matthews, $100,- 000 of mortgages on real estate. We could not find so much as we had assessed. Q. Take the estate of Mr. John Pickett? A. Mr. John Pickett has died within a month, I think 40 within two months. He was the largest coal dealer in Beverly. We assessed him on real and personal, I could not tell you exactly how much, but in the vicinity of $98,000, I think. He was the president of the bank there. Q. What was his inventory ? A. I have not seen it, but there will be a gentleman here who will testify to it. Mr. Endicott, who is one of the asses sors, told me that we had assessed him within ten per cent of his whole valuation. Mr. Endicott will be here to testify to that fact. Q. Do you know whether any gentlemen from Boston have moved in or attempted to move into Beverly Farms, this year. Captain ? A. A gentleman bought the Foster property, Mr. Hub bard, and notified us last spring that he was taxed in Beverly, and there was some trouble why he could not get off from Boston with the Boston assessors, I don't know what it was, but he notified us he should be there in Beverly. Q. How about the estate of Mr. W. Powell Mason ? A. Mr. Powell Mason, as I understand it, don't pay his taxes in Boston or Beverly either. He pays them in New Hampshire. He is in Boston half of the year, and in Beverly the other half. I think Mr. Hills was thinking about look ing him up once. Q. Dr. Haddock is named as another wealthy citizen ? A. The old Dr. Haddock I don't believe has got any thing. He told me a year ago he had got $1,000, the first thousand dollars he ever had clear of his bills, and he said the strike came on and he had not got more than a five- dollar bill left. He said he proposed to keep his insurance policies good, and he should leave his family all he had in that direction. But his son, young Charles, married a lady from Connecticut, who has some income. The trust is in Connecticut. Q. The statement was made in relation to that Dr Haddock. A. I see it was qualified by "the family" this morning. 41 Q. Yes, it was. A. Dr. Charles, young Charles, married a Connecticut lady. The trust is in Connecticut. The mother is in Europe ; one of the boys is in the navy, and a daughter is in Connecticut. We don't know any thing about that trust. I understand she only has the income from it. It has never been settled, but the trustees live in Connecticut, and all the property is there. Q. Take the property of Mr. Whitney, Mr. Odell ? A. Capt. Elisha Whitney is a ship-master (?) ; he is around here on the street now as a broker. 1 think he was in the government employ as an inspector of steamers, or something of that kind for a year; when he left off going to sea some fifteen or twenty years ago, I know he did not have much of any thing. He has had a large family, and I think if he has squared the yards with his family he has done very well. He is an insurance broker on State Street, he is sixty-seven years old, and he comes to Boston every day. That is the way I should put him. I am only giving my guesses. Q. There were some other instances mentioned this morning, you may state in regard to them ? A. I don't remember, except Mr. Clark. Mr. Clark has got real estate here in Boston, something like $100,000 here in Boston, — A. N. Clark. Q. Mr. Giddings? A. He is of the firm of Tower, Giddings & Co., on State Street, well-known brokers. Mr. Giddings tells me his money is all in his business, that is all I can say. He is assessed in the city of Boston. Q. You have said nothing about Mr. Choate ? A. Mr. F. W. Choate is a lawyer who lost a great deal by the Boston fire. He was largely interested in the Washing ton Insurance Company, which was wound up the other day. We assessed him for $5,000 or $10,000, but never considered him as a man who had a great amount of money since he met his losses in that fire. 42 Q. Do you know any thing about Rev. Mr. Smith and wife? A. I do not ; no, sir. Q. Where does Mr. Smith live? What is his business? A. Mr. Smith is the rector of the Episcopal Church. He married a lady in Swampscott, I think, about a year ago. He has now come to Beverly. I don't know any thing about him ; I don't know whom he married, and I don't think any of the Board have any information about him. Q. Had you any information that he was a man of means ? A. Not at all. Q. Then there is Mr. Joseph W. Lefavour ? A. Mr. Joseph W. Lefavour carries on one of the largest shoe manufactories in the town of Beverly. I don't know any thing about what he has got, any more than what we have assessed him. I could not tell you any thing about it. Q. George Z. Silsbee and family ? A. George Z. Silsbee is a large owner in manufacturing companies. I think he is treasurer of some of the mills, the Amoskeag, I think. Q. Does he pay on personal property in Beverly? A. Yes, sir, he pays on personal in Beverly. I do not know any thing about him. I only took the estates of those who are living, and have never raised them on either side of the proposed line. Q. Have you raised anybody at Beverly Farms this year except where you found a return? A. No, sir ; the returns are all here. Q. What do you say as to the taxes upon property in Beverly, in Beverly village, the valuation of property there as compared with its cash value, as compared with its value in other parts of the town ? A. We took off a list of sales — Q. Whether it is high or low in comparison with other portions of the town ? A. I consider that the valuation is high in the old town, according to sales. 43 Q. Do you know what the sales show in the old town, as it is called, for the last year? A. No, it was taken off, but I forget what it was. It wa8 very near the valuation. Cross-Examination. Q. (By Mr. Stearns.) Mr. Odell, in your talk with Mr. Dow, did you say to him that anybody had been to you to ask you to take the chairmanship of the Board of Assessors? A. No. The Board of Assessors elect their own chairman. Q. Did you say any thing to him that anybody had been to you to ask you to go on the board ? A. I did. Q. Did you name any person ? A. I did. No doubt I did ; I could not remember about that, but I did name some. Q. Whom did you name? A. I named Mr. Norwood and Mr. Israel Lefavour. There are twenty or thirty of them here, perhaps. Q. I know. Did you name twenty or thirty ? A. No, I told him that they had come to me from both sides — Q. I asked you whom you named to him ? A. I cannot tell you whom I did name. Q. Can you tell whom you did name ? A. I have no doubt I named Mr. Norwood. Q. Didn't you name Mr. Baker ? A. I don't think I did, because I do not think Mr. Baker came to me. Q. That is the reason his name was left out ? A. Why, of course I would not — Q. Mr. Baker was very efficient and very active, was he not, last year in the matter of opposition ? A. He always has been, and always will be. Q. And if there was any general hunger for you there, he is quite a prominent man, isn't he ? A. He is quite a prominent man. 44 Q. Quite open and frank in the expression of his opinions and his desires, isn't he ? A. I don't know as I know. Q. Well, not particularly backward, is he ? A. In what direction ? Q. In reticence, in silence, in keeping his views to him self? A. No, I do not think he is. Q. There is no man that would be more likely to come to you than Mr. Baker, that you know of? A. Well, yes, I do, a great many. I do not think Mr. Baker has much to do with politics ; he runs a party of his own, outside of both the great political parties. Q. Oh, nobody ever supposed Mr. Baker had any thing to do with politics. Then, as I understand, you do not think Mr. Baker was up to the average of the fourth foot of Beverly (?). You think he would not be as apt to come to you to express an opinion as other people ? A. I don't think there was any reason. The people were all roused. I don't think there was any need of his coming. Q. They were roused ? A. Yes, sir. Q. By what were they roused ? A. By the sentiment there was up here, and the facts that came out at the State House, at our first hearing. Q. I don't quite understand what excited this rouse- ment? A. Because the people down there had not been paying on one-fourth part of their property, while they had been assessed up at the old town nearly to their actual sales. Q. Now, that came out in 1885 ? A. That came out iu 1885 ; after the hearing in 1885, yes, sir. Q. You mean to say that it came out in the hearing of 1885, that the people of Beverly Farms had been under-taxed? A. Yes, sir, I do. 45 Q. And that was the grand source of wrath and fury at Beverly, this rousement? A. That was the fact ; yes, sir. Q. Then it was not the question of division that made Beverly fume, it was the great injustice that Beverly Farms had been heaping on Beverly, was it ? A. It was both. Q. Yes, there was great feeling in Beverly that they were oppressed by Beverly Farms in the matter of taxes, was there ? A. I didn't say that. Q. What were they excited about, if they had no grievance ? A. They were excited over the fact that they had been paying these Boston people's taxes long enough. Q. Long enough ? A. Yes, sir. Q. And so far as you can say, that is what they got excited about down in Beverly ? A. Yes, I think that was it. I should think they would be. Q. Now, these Boston people that didn't pay their taxes to old Beverly ran all along the line, didn't they? A. They did. Q. Clear down to Beverly Cove? A. Yes, sir. Q. And this thing had been going on, and old Beverly had taxed and assessed all of them, didn't they ? A. Old Beverly? No. When I was elected, I supposed Mr. Lothrop was going to — Q. Never mind about your brilliant hopes. A. They were not my hopes at all. Q. I want to know if it had not been the fact that this great injustice that roused Beverly was perpetrated by a Board of Assessors chosen wholly by old Beverly, was it not ? A. No, sir. Q. How many did Beverly Farms have on it? 46 A. Had one, and always have had. Q. How many in all ? A. When we have had five, they have had one out of five, and when we had three, they have had one out of three. Q. How long has it been five ? A. I could not tell you ; four or five years, possibly. Q. A little more ? A. I could not tell. Q. Well, the assessment of 1885, that roused old Beverly to this point of indignation, was made by four old Beverly assessors, was it not, out of five ? A. Yes, sir, made by the five assessors. Q. And four of them were old Beverly men ? A. Four of them were old Beverly men. Q. Who were those five, I would like to know ? A. Mr. Murney. Q. He is one of them now ? A. Yes. Q. Who was it that made this assessment in 1885 ? A. There was a man by the name of Williams from the Farms. Q. He was a sinner, we will agree. Now, go on and give us the rest. A. I think a man by the name of Hdl. Q. Who is Hill ? A. Hill is a jeweller. Q. A good man ? A. Yes, sir. Q. An intelligent man ? A. I should say he was. Q. Neither a fool nor a knave ? A. No, sir, neither. Q. Who was the next Beverly assessor ? A. Mr. Lunt. Q. Who is he ? A. He is a shoe manufacturer, 4n a small way. Q. A good man ? 47 A. He is a good man, yes, sir ; as far as I know. Q. Who was another ? A. Capt. Daniel Foster ; he is on the Board now. Q. He is on the Board now ? He is a good man, of course ? A. No better than the others. Q. Not a mite ? Now, who is the fourth ? A. Mr. Moulton. Q. A good man ? A- Yes, sir; chairman of the Board this year. Q. Then you had four intelligent, good, honest, true Beverly men who made that assessment of 1885, didn't you ? A. 1 should call them good, honest men. Q. Do you want to discount their intelligence ? A. Not a bit. Q. You don't want tn leave that out ? A. I would not say any thing about their ignorance in regard to property, though. Q. It is their intelligence we are inquiring about ? A. I would call them intelligent men. Q. I suppose all of us have great abundance of ignorance ? A. No doubt about that. Q. Now, these Beverly men, this Board, until they got to that brook, they assessed property with first-class judgment, did they not ? A. I don't think they assessed it high enough. Q. Where, on the other side of the brook ? A. Not according to sales. I say we assessed it accord ing to sales in the locality. Q. You got it right ? A. Well, then, the Board. Q. Your Board got it right, did it ? because you did it under oath, and there had been a tremendous law passed in 1885, that did not affect you as much as the rousement at Beverly ; but nevertheless, you got it right. Now, that old Beverly board of 1885 got it within five per cent of what you did that side of the brook, didn't they ? A. No, I don't think they did. 48 Q. Five and a fraction, sir, is all you have raised on the left of the brook. A. I don't think so. Some other parties have been over the figures. I think it is more. Q. Well, it is not, so the figures say. A. It depends on who makes the figures. Q. That is what we think. A. I think, if your side made them they might prove that. Q. But taking that brook, and taking it down on one side of the line and the other, it is very easily done, isn't it? A. Yes, sir. Q. There is no difficulty in going and taking your estates, and seeing how much you have raised them. Will you swear that this Board have raised it six per cent ? A. I haven't looked the matter over. Q. You don't want to ? A. Yes. I think some parties will testify. Mr. Moulton. I will give you the assessment for 1885 in five minutes. Mr. Stearns. I have got it over here in the books, now. Q. Assuming that it is five per cent, five and a fraction, five and one-tenth, is it ? I know it is a very small fraction. The old Board of Assessors, if that is true, had first-class judgment, hadn't they, until they got up to that line ? A. I think the assessors knew nothing about the sales at Beverly Farms. Q. Did not ? A. When you put into a deed " one dollar and other con sideration," they knew nothing what property sold for. Q. Now, don't jump over that line for a minute. I am asking about old Beverly, and I want to see how those good men, how their wits and their brains and their judgment and their honesty held out until they got to the brook ? A. I don't believe they ever considered any brook at all, either side, either Board. Q. You don't ? A. No, I don't. I cannot see it. 49 Q. Now, if they got within five per cent on the left-hand side, and when you come to pass over onto the right they were eighty-two and one-half per cent out of the way, — do you know of any thing about that brook that causes lunacy when they step over it ? A. No, I do not. I know there is an estate this side of the brook that is taxed four hundred per cent more than it was before. Q. You know there is one ? A. Yes, I do. Q. Of course, there is always one. I don't doubt that you saved specimens on this left-hand side, but I am asking now if it is a fact that these good men and true assessed it upon precisely the same basis that you did ? A. Not with the same knowledge. Q. Of course, they could not. Nobody knows as much as you do ; I only ask you, knowing all they could know. A. No, the knowledge came from this State House, and not from what I know. I want to put that just where it belongs. Q. Did the knowledge come from the State House as to how much Beverly Farms land was worth ? A. Yes. Q. Who got it? A. It came out here in the hearing, testified to by Mr. Loring. Q. Then there had not been sufficient done for Beverly Farms in old Beverly ? A. They had no more idea that land was selling for $20,000 an acre, in my opinion, than nothing at all. Q. So that your ground for excusing the old assessors is that it came out in the hearing that there had been some of these estates sold at this price ? A. All of the estates, practically. Q. Now, do you mean to tell this committee, sir, that with aU these estates, all these large and beautiful estates in Beverly Farms to which the attention of the assessors was 50 directed, that the question of the value of shore land had never been presented to them, nor to the people of Beverly? A. I can only tell j^ou what the feeling was in Beverly in regard to it. Q. Oh, I don't like Beverly feeling ! I want to get at the facts. Now, sir, is it not true that this Beverly Farms and the building of the houses there was almost a phenomenon? A. No, I don't think so. Q. That the putting on these rocks of magnificent places along there, building up on that shore, was not considered a remarkable thing in Beverly, an attractive thing ? A. Yes, sir, it was considered attractive and remarkable. Q. Well, enough to attract comment so that the assessors would know who was piling big money up there ? A. I only know what the assessors say, what the Board say ; they say they did not know until they found it was only " a dollar and other considerations " in the deeds, that they had any idea that land was bringing the price it did. Q. Now, that is your only explanation of it ? A. That is my only explanation of it. Q. Now, as I understand you, you deny Dow's statement? A. I do. Q. Did you tell him that you did it for the purpose of ulterior results, that is the substance of it ? A. I deny that in toto. Q. And you tell this committee that the reason you did it was because a feeling had been aroused in old Beverly that Beverly Farms was not paying its share of the tax? That is it? A. That the valuation should be equalized, the taxes should be apportioned upon the rich man as upon the poor man. Q. You told us a minute ago that the rousement at Beverly was occasioned by the feeling that Beverly Farms had been undertaxed ? A. I say so now. Q. That, then, was their feeling ? 51 A. Yes, sir. Q. You were asked to go on that Board ? A. As a member of the Board, yes, sir. Q. You went there, feeling, \ suppose, the burden of this great duty upon you ? A. Everybody knows it is not a very pleasant place to be on the Board of Assessors. Q. You went into it, then, rather in the performance of a sacrifice as a citizen, didn't you? A. I went in because I considered, — there were so many pressed me that I went in. Q. Did you go in from pressure or duty ? A. I do not think I looked at it from duty, either ; there was so. much pressure, I went in. Q. In other words, you were taken off of your feet and hoisted there ? A. No, I didn't say any such thing. I was only one of the Board. Q. You went in by pressure, and the pressure was that Beverly Farms was undertaxed ? A. As I said before, and you will find it in my testimony of last year, what I understand by that — Q. You said last year, didn't you, distinctly, that you made that assessment over in Beverly Farms with a view to the question of division ? A. No, I did not. Q. Didn't you say that last year ? A. No, sir. With a view to the question of division ? Q. Yes. A. No, sir ; I never made any such statement. Q. Didn't you say it was because of the question of divis ion ? I don't know as I can give the exact words, but it was because of this question of division. A. The testimony will speak for itself. Q. Didn't you ? A. No, sir, I did not, because the question of division was what caused the statement to come out in the hearing. 52 Q. Ah, I am asking you what you said? A. That is what I mean to say. I think if the question of division had never come up, you would probably never have known what the land sold for. Q. And when you get over this line, then do you have any other reason than that you have given, why the assessors who were correct on one side of the line had erred eighty- two per cent on the other ? I want to know if there is any other explanation ? A. Only what I have stated. I know that they did not know any thing about the valuation of property there, and they did know it in old Beverly. Q. Do you own any property at Beverly Farms ? A. No, sir. Q. Did you ever own any there ? A. No, sir. Q. Did any of your Board of Assessors ever own any there ? A. I think not. I would not say about that. Q. These men, then, knew just as much as you knew, or are you brighter ? I don't know but what that is so. A. Well, you can judge. Q. I cannot judge, I ask you. A. I think Mr. Haskell, who was on the Board from the Farms, — a Farms man, — was very conversant with all the property at the Farms. Q. By the way, where is this man Haskell ? A. He was here yesterday ; I thought he was here to-day. Q. Aren't you going to show us the Farms assessor to-day ? A. Yes, if you say so ; if you want him, you can have him ; no doubt about that. Q. Who is he ? A. He is the graveyard man, you called him. Q. Yes, very appropriate. I didn't know whether he was buried now, or not ? A. No. Q. He is still alive ? 53 A. Yes, I think he is alive. Q. Better than he was last year? A. Yes, I think he is ready to testify. Q. He don't own any property there himself? He only pays a poll-tax ? A. He built his son's house, and made it over to him. Q. He built somebody else one, he don't own one himself? A. Not in his own name. Q. Now, this question. None of your assessors knew any thing about the value of Beverly Farms property from any ownership or experience in it, did you ? A. Well, I have relatives at the Farms, and I visit there very often, and I have an idea something about that land. Q. Yes, you have aunts and cousins ? A. I have aunts and cousins ; that is, my wife has. Q. But you have no property there ? A. No, sir. Q. No land you expect to inherit ? A. Only through my wife, I don't have any of my own. My wife has aunts and cousins there. Q. None that you expect to inherit ? A. No, not at all. Q. So that you had no vital interest there in the real estate at the Farms ? A. Not at all. Q. Your acquaintance with Beverly Farms was in no sense a pecuniary one ? A. Not at all, no, sir. Q. You say you were mighty tired of this matter last year? A. I was. Q. You got terribly tired ? A. I did. Q. You were not on the stand a great while ? A. I was on the executive committee all through. Q. What committee ? A. The town committee for fighting this matter. This year I am not. 54 Q. It didn't affect your judgment as assessor at all? A. I was elected after the assessment was made. Q. You have done it again this year ? A. Not but very little. Q. Aren't you one of the fighting committee ? A. I am not on the executive committee, I am on the general committee ; I am not in the front ; I am not taking a front seat so much as I was. Q. You got too tired last year ? A. I did. Q. So you are going to rest this year ? A. Because the rest of the town of Beverly are here now to take charge of it themselves. Q. If you are not the man, won't you tell us who is the front fighter ? We want to know ? A. I think they are all united. Q. You are all in the front ? A. No, I suppose the executive committee are in the front. Q. Where does the executive committee come from ? A. Chosen in Beverly. Q. Who chooses it ? A. Why, the citizens get together, a committee is chosen by the town, and the general committee choose an executive committee, and a finance committee, and all that sort of thing. Q. You have got a financial committee ? A. Certainly. Q. Considerable — Well, I won't ask about that. Mr. Robinson. You had better go on, and open up both sides. Mr. Stearns. We have no finance committee. Mr. Robinson. No, you have no finance committee, nor finances either. Mr. Stearns. I don't know, I hope so. I am vitally interested. Adjourned until 3 p.m. FIFTH HEAEING. Tuesday Afternoon, Jan. 31, 1888. The Committee met in the Green Room, at 3 p. m.. Senator Ladd of Worcester, the Chairman, presiding. The Chairman. The hour having arrived to which this meeting was adjourned, we will now proceed with the hearing. EXAMINATION OF CHARLES H. ODELL, resumed. Q. (By Mr. Williams.) Mr. Odell, I simply want to ask you — I do not know but it has been stated either by the counsel in opening, or by you in testimony — whether the property on the Beverly side was proposed to be divided and valued at as high sales as the sales show the value of the property to be ? A. Yes, sir. Q. I want to call your attention to two places, — the Rial side, as it is called, over on the other side of the creek there ; we know there have been sales there considerably in advance of the valuation. A. The property on Rialside is opposite of the depot, in the old town, crossing the river, that property has been opened up from a large farm, and has been cut into streets within the last two years. The only sale, — one sale of property that I know of, was at five cents a foot, for a corner lot there. That property has since been sold for considerably 56 less, sold by a woman, who sold it for considerably less. We have assessed the lots, where they have sold lots for $200, for $175. Q. Is it not a fact that much of the land is held at from three to five cents a foot, and held at considerably less, — a schoolhouse lot, for instance ? A. Yes, sir. Last year the people in that section wanted a schoolhouse established over in that section, and a school committee located on the lot there, for which they had to pay, I think, three or four times what the assessment was, when they found that the parties wished to purchase this lot for the town, — they made them pay for it. But outside of that there have been no sales made at but very little above the assessors' valuation. That is an exceptional case. As we all know, in cases of that kind, when a town wants a lot of land, or when the people want a lot of land, they make them pay what they can for it. Q. Wasn't that a sale of John Porter's heirs ? A. Yes, sir. One of them is here, and will testify to that. Q. They sold it for about three cents a foot ? A. They have a record here of all the sales that were made. Q. Just one other question, and that is, in regard to the wharf property, and take that property of John Pickett's, and that is assessed at ten cents a foot, is it not ? A. Yes, sir. Q. Is that as high as you put it ? A. Yes, sir. Q. Do you think it would bring any more ? A. No, sir. Mr. Moulton. I understand, Mr. Chairman, that it was agreed — The Witness. Mr. Baker informs me that he paid only a cent and a half for the school lot. Mr. Moulton. It is agreed, as I understand, that the sales that, were read to the Committee this morning are in evidence, with such modifications and changes as may be 57 proposed and introduced by our friends upon the other side, if any. Mr. Robinson. I should like to ask Mr. Odell about that schoolhouse lot. Q. (By Mr. Robinson.) How did the town get the lot? that is, you said something about the town taking it for a schoolhouse. A. The matter was referred to the school committee, and the school committee decided on that lot. There is a large tract of woods, and this was at the end of the woods, and the school committee made all their arrangements about that themselves ; they made the trade, and the town had nothing to do with it. The town referred it to the school committee, and they selected the lot and settled the price. Q. They located the lot for the schoolhouse ? A. They located the lot for the schoolhouse ; yes, sir. Q. And^ afterwards they bought it? A. They made the price, a cent and a half a foot, so Mr. Baker, who was the chairman of the committee, says. I know that it was above what we put on it, because we assessed it as farming land at so much a foot. Q. And that was a cent and a half a foot ? A. Yes, sir. Q. Mr. Loring, who was here, was one of the school committee ? A. Yes, sir. Q. Well, take all the sales that have been made there on the Rial side : how do they compare with the total valuation ? A. Mr. Porter came in last spring, and gave us all the sales that he has made since the last assessment, and that were sold in small lots for houses for workmen in the factories, and, as I say, if they sold a lot for $200, we assessed it for $175. That was, however, out of the Por ter farm, through which they have cut roads at their own expense. Q. How much building has there been there ? A. There have been considerably many small buildings 58 going up there for the last two years ; for two years, I think, buildings have been going up there. Q. These were houses for the workmen in the factories ? A. Yes, for the workmen in the factories. JOHN M. MURNEY, sworn. Q. (By Mr. Moulton.) John M. Murney? A. Yes, sir ; that is my name. Q. You reside in Beverly, Mr. Murney ? A. Yes, sir. Q. You are one of the assessors ? A. I am. Q. And have been for how long ? A. For two years now. Q. Have you prepared some statistics in relation to the present case ? A. I have. Q. Will you teU me how many polls there are at Beverly Farms ? A. 272. Q. How are those ascertained ? A. They are ascertained by taking them off the assessors' books, the number of polls as returned to the assessors on the first day of May. Q. How many remonstrating voters are there in Beverly ? A. I do not know, sir ; I have not made figures on that. Q. You will do it, perhaps ? A. Yes ; if you desire it I will. Q. How many polls are there in Beverly ? A. 2,743. Q. (By Mr. Robinson.) Polls in Beverly without the 272? A. No ; with the 272. 69 Q. (By Mr. Moulton.) That would leave how many in Beverly ? A. 2,453, deducting the 272. Q. What is the valuation of Beverly for the year 1887 ? A. $14,287,100. Q. Of that what proportion is the Beverly Farms, or take it in the precinct that was established at the Farms ? A. In the proposed town valuation Precinct One I find that there is $5,292,750 ; that is, in real estate and personal and all. Q. That is. Precinct One is the Farms precinct, is it ? A. Yes, sir. Q. With the lines substantially as pointed out by Mr. Loring on the first day of the hearing ? A. Yes, sir. Q. Perhaps you had better trace it off on the map now, Mr. Murney, how far the precinct comes, because we shall have occasion to refer to the distance between that and the proposed dividing line. A. (Pointing on the plan.) Mr. Chairman, the precinct line commences here at what is known as Plum Cove, going by this dark line, I should say, to about that point, then it crosses to Thistle Street, going from Thistle Street to the Gloucester Railroad, up the Gloucester Railroad to this point, which is just back of Mr. ^A. P. Loring's dwelling, and thence — Q. Then going north ? A. Then going north to this point here. Q. Yes; north-east. A. Yes, sir. Mr. Moulton. That is all. I just wanted to show what that was. Q. (By Mr. Qua, of the Committee.) It includes every thing to the right of that line ? A. Yes, sir ; every thing to the right of that line. The valuation, as I understand it, of the real and personal property is $5,292,750. 60 Q. (By Mr. MoULTON.) And from there to the pro posed division line ? A. From there to the proposed division line it is $2,041,- 575, making a total of $7,334,325. Q. And deducting that from the total valuation of Bever ly leaves how much ? A. Deducting that from the total valuation of Beverly it leaves $6,952,775, that is remaining in old Beverly. Q. What is the corporation tax of Beverly ? A. The corporation tax of Beverly this year was $20,- 462.20 ; the bank tax was $6,756.93 ; making a total of the bank and corporation tax of $27,219.13. Q. Perhaps if you give us a word of explanation there, Mr. Murney, it may be well. Of course everybody under stands how the corporation and bank tax is collected, but you may state in regard to that of what corporations and banks the State collects, etc. A. As I understand that, Mr. Chairman, a corporation tax is a tax that is levied by the State upon all the incor porated companies doing business within the State. Then the corporations are required by law to return to the tax commissioners some time during the month of May, I believe, a list of the persons that own stock in those corporations. We have a list of those corporations in Massachusetts, and of the towns where the stockholders reside, and those towns are credited with a certain part of that corporation tax, and the State retains the balance. I took the returns from the tax commissioner's office and examined them, checked off the names of the persons who were living in Beverly, and of those that were living in Beverly Farms, and in that way I have determined the amount of corporation tax that would come to our part of the town, and that which comes to the whole town at present. Q. Have you got it of the Farms ? A. Yes, sir. Q. Very well. I will go on with the valuation first, and we will take that in its order. 61 A. Very well, sir. Mr. Moulton. Have you any figures of the taxes paid by the different people there ; that is, by the Beverly village residents, the Farms permanent residents, the summer resi dents, and the non-residents ? A. I have. Q. Give us those figures. Precinct One is ? A. Precinct One, Beverly village residents, 206 acres. By this I mean those that reside in what is termed the old town. The value is $75,600. Q. And what is the tax ? A. The tax is $967.68. The Farms permanent residents, — that is, the permanent residents of the Farms, those that reside there all the year, — own 459 acres. The valuation is $375,650, and the tax $4,808. Q. Yes, sir. A. And the summer residents, — that is, those that reside in Beverly a part of the year, 412 acres. The valuation is $3,488,300, and a tax of $44,650. Non-residents, 526 acres ; valuation of $1,353,200 ; tax of $17,320. The total acreage in Precinct One is 1,604. By the way, you will find that the acres will foot up only 1,603, but I have not put in the num ber of feet that was attached to each one. Q. That is to say, you have not put in the odd feet ? A. No. The odd feet would make it 1,604 acres, in round numbers. The valuation, the total valuation, is $5,292,750, and the tax is $67,747. Q. Now take the tax between Precinct One and the pro posed line. A. The Beverly village residents in that district own 545 acres ; the valuation is $46,325, and the tax $592. The Farms permanent residents, 116 acres ; valuation, $32,175 ; $411 tax. Summer residents, 66 acres; $1,201,350 valua tion ; tax $15,377. Non-residents, 310 acres ; valuation, $761,725 ; and a tax of $9,750. Giving a total acreage of 1,038. (By Mr. Williams.) How much is that, please ? 62 A. 1,038 acres. Valuation, $2,041,575; and a tax of $26,132. (By Mr. Moulton.) Now give us the total valuation of the proposed town. A. And the acreage also that I have here, sir ? Q. Yes. A. The total acreage is 2,640; valuation, $7,334,325; the tax, $93,879. I should have said in regard to that acreage that it is 2,642 acres ; I did not compute the feet there ; the total acreage is 2,642 acres, instead of 2,640, as stated. Q. Now, you are speaking of the proposed town. How did you get at that ? Mr. Williams. Don't you want to distinguish here ? Mr. Moulton. The total, and the total of the proposed town. I thought that he had given it all. Mr. Williams. AU that I have here is, acres, 2,642; valuation, $7,334,325 ; tax, $93,879 ; that is all. I thought that you were going to distinguish between the non-residents and the permanent residents. The Witness. This is taking the whole total. Mr. Williams. In order to cross-examine him I have to compute these two ; and I do not know but, if he had the total of the Beverly Farms as we laid it out, giving the per- manents, non-residents, summer residents, etc., it would help us. Mr. Robinson. It is given separately for the two parts, and then the total is given. That is the way in which it is presented. We can give it to you the other way if you want it. Q. (By Mr. Moulton.) Are you ready to go on with the corporation tax? A. Yes, sir. Q. Now, how did you get the corporation tax of Beverly Farms ? A. I took, as I stated before, the list of corporations, and where I found the name of a person that I knew was a resi- 63 dent of the Farms, I checked that oft', and took it out of the share that was credited, took the rate that was named by the State, and in that manner found the amount of corporation tax that would be due to Beverly Farms, and the amount that would be due to the old town. Q. Give me the corporation and bank-taxes of Beverly Farms, first in the precinct, and then from the E'arms pre cinct to the line. A. I find that the corporation-tax of Precinct One is $10,176 ; the bank tax in the same precinct, $1,494, making a total of $11,670. The corporation tax from Precinct One to the division line, is $4,756 ; and the bank-tax for the same place is $530; making a total of $5,287 ; and making, in the Beverly Farms, a total of corporation and bank tax of $16,958. Q. Now, how much is left in Beverly ? A. $10,261. Q. And the total bank and corporation taxes are how much? A. The total bank and corporation tax this year was $27,219. Q. Now can you give me the income received from the Farms, including the corporation and bank tax, taking it as you did before. Precinct One first? A. The property tax of Precinct One, that is, on real and personal, is $67,747 ; the corporation and bank tax is $11,670 ; making for Precinct One $79,418. Q. That is the total income, is it? A. That is the total income from Precinct One. Q. Yes, sir. A. Then from Precinct One to the line, the same as before, property tax $26,132. That is from Precinct One to the line, $26,132. And the corporation and bank tax, within the same limits, is $5,287 ; making $31,419. Thus the total in come from the Farms would be $110,837. Q. That is the total revenue derived from the Farms ? A. That is the total revenue derived from the Farms. 64 Q. Including the bank and corporation tax ? A. Yes, sir. Mr. Moulton. Now, the lists that I have given to the reporters are the figures just as Mr. Murney has given them. Q. Mr. Murney, did you make up these papers ? A. Yes, sir ; I did. Q. And they are the figures that you have just been tes tifying to ? A. Yes, sir ; they are the figures I have just testified to. Q. Whether or not they are correct ? A. They are correct so far as I know, and so far as I can make them correct. Mr. Moulton. I would like to leave these with the Committee, brother Williams. Mr. Williams. What are those ? Mr. Moulton. Just what have been testified to. Q. How many polls at the Farms pay a tax on the prop erty ? How many tax-payers pay a tax on the property ? A. I find a hundred and eighteen polls at the Farms that pay a tax on property. Q. What? A. A hundred and eighteen polls at the Farms — Q. No ; we will designate it as the precinct. A. There are a hundred and eighteen polls at the Farms that pay a tax on property. q. Yes? A. There are eighty-two persons that pay a tax on prop erty who do not pay a poll-tax. That includes non-residents and ladies, of course. Q. And it makes a total of how many tax -payers ? A. It makes a total of two hundred. Q. How many residents, summer-residents, and non-resi dents at the Cove pay a tax on property ? A. Thirty-one. Q. Yes, sir. And what does that amount to ? A. That amounts to about — Q. What is the total valuation ? 65 A. $1,331,500, I believe. Q. Well, what do you mean by non-residents there ? I asked you the question about non-residents. A. Do you mean all the non-residents in town, or only the shore non-residents in connection with this — Q. In connection with this estimate with regard to the Cove. A. I was taking the non-residents in the Cove in that vicinity, and also I went as far back as Mr. Ezra K. Baker, who has purchased, — well, half ways between Centreville and the Cove ; but we understand it to be in the Cove district. Q. You have taken all the non-residents in the Cove ? A. All the non-residents in the Cove, not in the town proper. There are a few there. Q. And also the summer residents ? A. And also the summer residents. Q. How many persons in Beverly pay a tax on property? A. Why, that would leave about 1,600. There might be one or two more, but say 1,600. Q. I mean the whole town. A. Except the thirty-one in the Cove. Q. Oh, you were speaking of those that were left in Bev erly. My question was as to the whole number in Beverly. A. 1,833 persons in Beverly who pay a tax on property. Q. And 1,600 would be left in Beverly ? A. Yes, sir. Q. Now, what would be the valuation of the old town of Beverly without these shore residents ? A. $5,724,800. Q. And what would be the average ' A. $3,578. Q. So that if the tax rate is raised in Beverly, it would have to be divided among these 1,600 tax-payers ? A . Certainly. Q. Now, what is the valuation of the permanent residents — that gives us the total — the valuation of the permanent residents ? 66 A. You wish for the valuation of the permanent resi dents in the proposed town ? Q. Yes, sir. A. $407,825. Q. And the summer residents ? A. And the summer residents $4,689,650. Q. And of non-residents ? A. $2,114,925. Q. Making a total of summer and non-residents ? A. Summer and non-residents together, $6,804,575. Q. What is the average valuation per poll at the Farms ? We have had the polls and the valuation. A. The number of polls at the Farms would be two hundred and seventy-two, I find that the valuation of the polls at the Farms is $26,964, gross. Q. Yes, sir. Now take the Beverly polls. A. The Beverly polls would be $2,834. Q. That is how many polls ? A. That is for two thousand four hundred and fifty-three polls, the number that would be left after the division. Q. And the valuation has already been given. Have you deducted the debt and got what the net valuation per poll is on each side ? A. Yes, sir. Q. Give us that, please. A. The net debt of Beverly is $857,188, and that valuation at the Farms per poll, subtracting the poll, $25,388 per poll, and the net valuation in Beverly per poll would be $2,660. Q. Yes, sir. A. That is, the net valuation of the polls after the division is about nine and a half times that left in Beverl3^ Q. About nine and a half times ? A. About that ; a little over that ; about nine and a half times that left in Beverly. Q. Now, there are some other figures. Have you looked to see about the average size of the towns in Massachusetts, and how many towns there are that are larger or smaller than Beverly? • 67 A. Beverly has got eight thousand six hundred and thirt} - five acres. The average size of towns in Massachusetts ac cording to the returns made here at the State House, Public Document No. 19, is thirteen thousand and sixty-six acres. Thus, the number of towns larger than Beverly is two hun dred and sixty-four, and the number of towns smaller than Beverly is seventy-three. Q. Are those lists in accordance with your figures ? A. Yes, sir, they are, on the Cove. Q. And you have given the totals of which this is the detail ? A. Yes, sir ; that is the detail. The totals I have just testified to. Polls in proposed town ...... 272 Polls left in Beverly 2,453 Beverly polls 2,743 Beverly valuation $14,287,100 Proposed town valuation. Precinct 1 . $5,292,750 Between Precinct 1 and the line . . . 2,041,575 7,334,325 Valuation left in Beverly $6,952,775 VALUATION AND TAXES IN PROPOSED TOWN. FARMS PRECINCT. Acres. Valuation. Tax. Beverly village residents . . .206 $75,600 $967 68 Farms permanent residents . . 459 375,650 4,808 32 Summer residents .... 412 3,488,300 44,650 24 Non-residents 526 1,353,200 17,320 96 Totals (including feet) . . 1,604 $5,292,750 $67,747 20 VALUATION BETWEEN FARMS PRECINCT AND PROPOSED LINES. Acres. Valuation. Tax. Beverly village residents own . . 545 $46,325 $592 96 Farms permanent residents . . 116 32,175 411 84 Summer residents .... 66 1,201,350 15,37728 Non-residents 310 761,725 9,750 08 Totals (including feet) . .1,038 $2,041,575 $26,132 16 Total proposed town . . 2,642 $7,334,325 $93,879 36 68 CORPORATION AND BANK TAXES. Farms Precinct. Corporation tax ..... $10,176 14 Bank tax 1,494 70 Between Linea. $4,756 41 530 77 Total in proposed town $11,670 84 $5,287 18 Total bank and corporation tax in proposed town Total bank and corporation tax left Beverly Total bank and corporation taxes of Beverly $16,958 02 10,261 11 $27,219 13 INCOME OF PROPOSED TOWN, INCLUDING CORPORATION TAX. Farms precinct tax $67,747 20 Farms precinct corporation and bank tax . 11,670 84 Between lines tax .... Between lines corporation and bank tax Total income of proposed town . $26,132 16 5,287 18 $79,418 04 $31,419 34 $110,837 38 SUMMER RESIDENTS ON BEVERLY SIDE (COVE). Silsbee, George L. Dresel, Otto .... Sears, Mrs. Emily E. and family Pickman, William D. and family Peele, Mrs. Willard . Porter, Alexander S. . Sohier, William .... Sohier, William, trustee Lowell, John and Augustus, trustees Bardwell, heirs of Mary P. . Lefavour, Joseph W. . Personal, Real. $10,900 $12,000 25,600 18,450 199,700 35,400 289,550 117,425 18,600 1,950 5,000 5,600 34,600 23,400 94,000 - 18,000 - - 21,800 - 36,300 95,950 $272,325 69 NON-RESIDENTS. Personal. Real. Richardson, Gedney K _ ^n ggo Eliott, Charles E. _ 22 200 Benson, Emery K., heirs _ 10 000 Rodgers, Mrs. Eliza _ 7 400 Almy, Charles, jun _ 9^200 Grover, William O _ 27 500 Turner, Albion B _ 17 850 Grier, Mrs. William P _ g 900 Loring, Augustus P., trustee .... - 63,500 Torry, Charles _ 19,300 Lawrence, Amory A. ..... . _ 45 100 Peabody, Henry W $425 52,750 Endicott, WUliam, jun _ 57,900 Baker, Ezra K - 9,400 $425 $362,800 Total non-residents and other summer residents . $696,375 $635,125 Total real and personal $1,331,500 00 Total tax 17,043 20 Cr OSS-Examination. Q. (By Mr. Williams.) That painted green represents the land owned by people residing in old Beverly ? A. Yes, sir. Q. What is the tax paid on that green land on that side of the line ? A. I will see if I haven't got some way that I can give it to you more quickly than by figuring it over. Well, I could give it to you altogether, or 1 could give it to you in pre cincts, Mr. Williams, as you prefer. Q. What is the precinct ? A. The precinct is, Beverly residents, owning 206 acres, value $76,600, and the tax $967.68. And between the pre cinct and the line there are 545 acres, value $46,325, and a tax of $592.96. Q. According to this the Beverly residents pay a tax of $1,560.64 ? 70 A. Is it not $60 more, Mr. Williams ? Q. $1,560.64. And that is out of the total of what ? A. $93,879.36. Q. And the Beverly remonstrants out of that are how many? A. I do not know. Q. Now, only one or two more questions ; that is, as I have it here, in the Farms district as represented there you have made the distinction here that the permanent residents have a valuation of $407,825 and the summer residents $4,689,650 ? A. Yes, sir. Q. I want to raise that same old question, a question which is old to you but new to the committee. What is the dis tinction there ? A. The distinction between the permanent and summer residents ? Q. Yes. A. The permanent residents are those that reside there all the year round, and the summer residents are those that reside there only part of the year, during the summer. Q. Do they vote there and pay their tax ? A. They have a right to vote there if they wish to ; no doubt many of them do. Q. They are assessed there ? A. Yes; they are assessed just the same as the perma nent residents, but their habits of going and coming give rise to that designation. Q. They vote there ? A. They have a right to vote, and no doubt a good many of them do. Q. As Mr. Stearns put it last year, they have every attribute of citizenship that every other resident of Beverly has? A. Yes, sir. Q. Now, take Mr. Sohier, for instance, how do you class him ? 71 A. As a summer resident. Q. Now, as to the summer residents who have all the attributes of citizenship, what is the proportion of valuation that they represent in Beverly Farms ? A. The permanent residents and tlie summer residents together ? Q. Just put it the residents. A. They would represent $5,097,475 in valuation. Q. And among all-the.year round residents you put it $407,825? A. Yes, sir. Q. Do you include in those the Lorings ? A. I include in those, I believe, Mr. A. P. Loring. Q. Well, has his father, Mr. C. W. Loring, any other residence, that you know of? A. Well, I supposed he had a residence in Boston. Q. If you were apprised of the fact that he has not, and that he has resided for the past sixteen years, winter and summer, at Beverly Farms, and that he has no other abode, nothing but a trunk anywhere else, would that make any difference as to where you should appraise him ? A. Yes, it would make a difference ; but I did not know that he was reduced to a trunk. I supposed that he resided in Boston.Q. He is not leduced to a trunk, so far as his residence in Boston — Mr. Robinson. That is hardly testimony here. Mr. Williams. The witness says that he is a resident of Beverly Farms, and I want to know how he found that out. Q. Do you know how much the Lorings are valued at ? A. I haven't got it in my mind now ; no, sir. It is in this that I have submitted, but it is not in my mind now. Q. Suppose we get that' cleared up now. I hate to take the time of the Committee, but we claim that he is just as much an all-the-year-rnund resident as anybody. We find that the Lorings have a valuation of $198,375. A. Yes, sir ; that is their valuation. 72 Q. And if that were added to the other figures that you have given, it would make about $606,000, instead of $408,- 000, would it not ? A. $606,100. Q. Do you know of his having any residence whatever, except in Beverly, or of his having any home ? A. I know that we have always supposed that he did. Q. Well, did you know of his having any house here in Boston, even? A. No ; I did not. I never investigated the matter any farther than what my associates in office concluded to ; I never investigated the matter ; but I will, however. Q. Or doing any thing more than living at a hotel? A. Oh, I never supposed he was living at a hotel ; I sup posed he owned a residence in Boston ; that is what I sup posed, that was my supposition. Q. Now, take it on another point. You stated that the permanent residents own only 575 acres. Now, of the resi dents who vote there, how many acres are owned by those people ? A. 478 added to the 575. That would be 1,053 acres owned by the permanent and summer residents. Q. Aren't they just as much permanent residents as any others there ? A. Well, no, I do not think that they are, Mr. Williams. Q. What is necessary to constitute permanency ? A. Well, I should suppose to constitute permanency they would have to be residing there all the time ; but when a man is lucky enough to have two residences, or two homes, and live in one a part of the year, and then live in the other another part of the year, I certainly should not term him a permanent resident, the same as our old permanent residents in Beverly Farms, that were born there, and never have Hved outside those limits. Q. But those who make an investment in a home there, and who make it their home, they have just as much interets in the town as those who live there altogether? 73 A. Well, it might be said that they had, or that they had not. That would be a matter of argument that I should not wish to enter into. I would, however, give this as my idea, and my thought, Mr. Williams, if you care to hear it, that a man who is born in the town and brought up there has more at stake, and has greater love for the town, than I should, for instance, if I went there, moved into it, and moved away, etc. So that I think that those who were born there and grew up with the people, lived as boys together there, and were brought up at school together there, — I think that their interest and love for the place would be greater than others would feel. Certainly I think that I should take more interest in it then than those that are here to-day and gone to-morrow. That is where I should make the distinction. Q. Did you ever hear of that distinction in the world until last winter, when it was brought out in the hearing ? A. I heard it twenty years ago. I went there twenty years ago, when they were beginning to settle there pretty thickly, and they were coming to the pottery, where I was working, and I had occasion to make some pottery for them from copies or designs brought by them, and we classed them then, or rather knew them then, as summer residents. Q. You do not understand me. I mean in designating them as citizens, and as owning property there, and as voters. A. Well, yes, as early as the time I make mention of. Q. How long have you resided there ? A. About twenty years. Q. Are you a property-owner there ? A. No, sir; I am not. Mr. Williams. I do not know as there is any thing more. I of course claim that these figures are not accurate, inasmuch as they do not show the facts. He-Direct Examination. Q. (By Mr. Robinson.) Do you know whether David Sears, whose name was mentioned this morning, — or have you made any inquiries to ascertain whether he lives in 74 Boston or not, or whether he is taxed in Boston? His name is brought out here as one who resided in Beverly, and as one who should be taxed there. A. WeU, I hope he does, for the benefit of the next Board of Assessors. I find that Boston has chalked him down for $80,000 of personal property this year ; and if he is a resident of Beverly the town of Beverly is so much in. Q. You find that he is taxed in Boston for that ? A. Yes, sir. He is taxed in Boston for $80,000 of per sonal property, according to the records. Q. (By Mr. Williams.) In reference to the corporation tax, which you testified to as $16,958.02, will you kindly tell me where you put the tax which Mr. C. W. Loring as trus tee pays on the Dresel trust ? A. Yes, sir. When I made these figures out first, I put them to Precinct One. I have since understood that that was a mistake, and that it comes into the Cove. They appear in the Cove now. Adjourned until 10 a.m., Wednesday, Feb. 1, 1888. SIXTH HEARING. Boston, Feb. 1, 1888. The Committee met at 10.15 in the Green Room, Senator Ladd of Worcester, the Chairman, presiding. TESTIMONY OF ALBERT PERRY. Q. (By Mr. Moulton.) You reside in Beverly ? A. Yes, sir. Q. And were born in Beverly, I believe. North Beverly ? A. Yes, sir. Q. And have you lived in Beverly nearly all your life ? A. Yes, sir. Q. What is your business? A. I am a shoe manufacturer. Q. And your place of business is where ? A. Lower Beverly, what is called the town proper. Q. Near the station ? A. Near the station. Q. And you are acquainted with the amount of manu facturing business in Beverly, and the manufacturing prop erty? A. Somewhat, yes, sir. Q. And also with the people ? A. I think so. Q. Let me ask you first as to the feeling of the people of Beverly with regard to the division, the people of the old town? A. Well, I think they are decidedly opposed to it, most decidedly. 76 Q. And unanimously, so far as you know ? A. I should say so. Q. What do you say with regard to there being any feel ing or feud between the people of Beverly, and the people of Beverly Farms ? A. Those that I have talked with, I think there is no per sonal feeling on their part in the matter at all. Q. Has there ever been to your knowledge any manifesta tion of any kind of the existence of a hostile feeling on the part of the people of Beverly towards those of the Farms? A. Not to my knowledge. Q. Have you employed in your business men from Beverly Farms; and if so, to what extent, men and women both? A. I have employed both, I can hardly tell you to what extent, but more or less. Q. Can you tell how many? are there any who work in your factory now from Beverly Farms ? A. There are. Q. How many ? A. I don't know how many, because I haven't looked over the list ; but I know there are some, and I know that there are quite a good many working in other factories. Q. Who take the train in the morning, and come up ? A. Come up, and are there in season to go to work at seven o'clock, and there are accommodations for returning. Q. Is there any feeling apparently between them and other people of the town who work in the factories ? A. I didn't know there was ; I have no knowledge about it. Q. Have you any figures relating to the manufacturing interests of Beverly during the last three or four years ? A. I have ; I took occasion to look into that since I heard Mf . Williams's opening argument. If you wish for the re sult, I will give it to you. Q. Yes. A. Do you wish for the actual figures ? Q. Yes, I wish you would give us the figures you have in relation to that point. 77 A. My method of getting at this, was through the express parties who take the goods out of Beverly, take the products out of Beverly. I went back to the year 1885 for the basis to take my figures from. I went to all the expressmen who take goods out of Beverly. In 1885 the gross amount of goods taken out of Beverly, of cases, was 63,732 ; the prod uct of the shoe industry of Beverly, taken from all the ex pressmen who carried the goods ; the gross amount in 1886 was 54,800, and the gross in 1887 was 51,966. Those goods I have approximated the value of, and I got at that from inquiries of other manufacturers and from my own product. On my own product in 1885, the average per case was between $49 and $50, $49 and a fraction ; in 1886, the average was between $49 and $50 ; and in 1887, it was $53.53 ; and I have made the average approximate cost, $50 per case. The amount in the aggregate, the total value on that basis, which I think is a fair one, was $3,186,600 in 1885 ; the aggregate in 1886 was $2,740,000 ; the aggregate in 1887 was $2,598,300. I estimated the amount of cost of pay-roll, that is, the amount that goes to labor. In my own case, I estimated it is about thirty per cent, and I have inquired of four or five other manufacturers, and their estimate is about the same, so I made that a round figure, thirty per cent which goes to labor. In 1885, on that basis, there was paid to labor $955,- 980, to approximate it ; in 1886, $822,000 ; in 1887, $779,490. Q. Being a loss of how much? A. Making a loss from 1885 to 1886, $133,980 ; and a loss in 1887, on the basis of 1885, of $176,490 ; or a loss to the pay-roll in Beverly since 1885, taking that for a basis, of $310,470. The difference in amount of shipments between 1885 and 1886 was 8,932 cases ; the difference between the shipments of 1885 and 1887 was 11,766 cases ; the total differ ence in the two years would amount to 20,798 cases. Taking that as the basis, the amount of the loss of value since 1885 is $1,039,900. Q. Have you any other facts which show a decrease, if it 78 exists, of the business in Beverly since 1885, aside from the figures you have given ? A. I have been to other manufacturers and gathered their ideas, or the facts, in regard to the loss on their pay-rolls. Q. It has been said there has been a new shoe-factory built in Beverly. What is the fact about the number of shoe-factories there now compared with the number two years ago ? A. I don't think there is any more. There was one factory, what was called a meal-store, that has been finished off into a shoe-factory. Q. On the other hand, are there any losses in the number of factories? A. I should say one party moved out of town, and the place they moved from has been vacant since they moved, about two years ago. Q. How much difference did that make in the pay-roll in Beverly ? A. Well, the man told me he took a pay-roll out of Beverly of perhaps $25,000. Another one moved to Fox- boro, and I estimate his at $25,000 or $30,000 : I have not seen him. The firm of Woodbury Brothers took business down to Dover last year out of Beverly, and they thought the loss of pay-roll in Beverly was about $50,000 and odd last year. That I took from the party who had charge of the pay-roll. Q. So that at least three manufacturers have moved away? A. One of the firm told me that the pay-roll would be a loss to Beverly this year, on the estimate of the rate that went out last year, of about $75,000 ; of course that was an estimate of his. One firm has wound up business, and they said their pay-roll two years ago was $20,000. Mr. Baker has already taken a part of his business to Springfield, started a factory there, which he says will be a loss to the Beverly pay-roll of from $35,000 to $40,000 this year. Q. Mr. Joseph H. Baker? 79 A. Yes. Those are their own figures. Other figures are the estimates from actual products. Q. You have estimated the loss at about 30 per cent ? A. The aggregate loss in the two years, as I have esti mated it here, and I think it is properly calculated, would be $310,410. Q. About 30 per cent? A. Just about 30 per cent. Q. What do you say as to the valuation of manufacturing property in Beverly, Mr. Perry, as to whether it could stand an increase or not, in your judgment ? A. My judgment is that with the falling-off of business in Beverly, any increased burden would be injurious to busi ness, and perhaps disastrous to the trade. Of course that is a matter of opinion, but it is fairly founded, and it would seem to me, with a general falling-off of business as it has fallen off the last two years, it would not take but about ten years more to put it in about the condition the fishing busi ness is in Beverly to-daj''. Q. It has been said that there have been eighty new houses bunt in Beverly, — I think those were the figures given by some one. Do you know any thing about that fact? A. I have no especial knowledge. The question was asked me how much the growth had been in North Beverly, after Mr. Loring's testimony in regard to the rapid growth there, the rapid development of the property; and I being, born there, and having some acquaintance with the condition of things, was interested, and so I sat down and tried to count up what houses had been built in North Beverly dur ing the last thirty years prior to the horse-railroad track being put up there ; and I think, outside the line of the horse-railroad, I could not think of but thirteen houses built there for thirty years. It is pretty much a farming section. Since the horse-cars have gone there, I think there may have been ten or a dozen houses built on the line of the horse-rail road, and most of them are built around the North Beverly depot. 80 Q. Do you own some farming land in North Beverly ? A. Yes, sir ; not a great amount. Q. What do you say as to the valuation of land there in comparison with its actual cash value ? A. Well, for the last few days I have made some inqui ries as to land which has been sold and bought by connec tions of my own family, three or four cases in particular. One man who works for me bought a farm of sixteen acres last fall; he gave $2,200 for it, and I ascertained what it was taxed for, and I think it was $1,900 or $1,950. Another tract of land of ten acres, very level land, good farming land, was purchased for $1,000, and it is taxed for $1,000. Another party who is connected with my family I sent to, to ascertain what he gave for some twelve acres ; I think, I don't know the exact amount, but he paid $600, and he sent me word it was taxed for $600. The party who has another estate there for sale, I think it is taxed at $4,300, told me the other night he had charge of settling it, and he would sell it for $600 less than it was taxed. Q. That was a farm, was it ? A. That was the farm of Mr. Dodge ; I don't know how many acres there are in it. There have been some other sales there that I haven't any definite knowledge of. I know the sales, but I should not wish to testify concerning them, be cause I have not inquired into them. Q. Have you taken these sales indiscriminately ? A. Not at all, no, sir. Q. Whether you have taken the instances that came to your knowledge ? A. I have taken those that came to my knowledge and those I learned about. Q., In other words, do you know, or have you opportunity to know, of any sales or valuations that are against these figures ? A. I don't know of any. The reason 1 took these was because some of my family were connected in the purchases and sales ; it was the easiest way for me to get at them', and 81 I have much to do, and don't have a great deal of time to give to such a matter as this. I took them because the facts were easier for me to get at than in regard to any others. Q. Can you say whether the population of Beverly has gained or lost within the last two years ? A. I am not able to say with regard to that ; I have made no inquiries. Cross-Examination. Q. (By Mr. Steaens.) Where did you count these houses at North Beverly, in your own house ? A. 1 counted them from riding over the line of the road which I drive over some. Q. I understood you to say you sat down and counted them up. A. I took a memorandum of them from my own knowl edge of them, being familiar with the street, and I have counted them from time to time as I had ridden over the road. Q. Then as you had gone along from time to time you kept counting as they went np ? A. I hadn't kept counting. I think the number isn't so large but that almost any schoolboy could count them. Q. You didn't quite do that, did you? What you did was, you thought it over; you were at home, and you thought of such a house, and such a house ? A. Not always at home. After Mr. Loring put in his testimony here, I said, " Now, I will look this matter up, and see what growth there is in North Beverly." The town proper I have not gone into at all. Q. I see, but what did you do ? Did you go up to North Beverly, and go and count them, one, two, three, four ? A. I didn't count them that way, my friend. Q. You didn't count them backwards ? A. No, sir. Q. In other words, you didn't go to North Beverly ? A. I had been to North Beverly. 82 Q. You had been there, but you didn't go up and count these houses, did you ? A. I counted them from my own knowledge of their being there. Q. You sat down by your fireside, and ran them over in your head ? A. Well, if there is any question in regard to it, I think it can be verified. Q. Now this boot business has fallen off a good deal in Beverly, you say. You had quite a strike down there, didn't you? A. That is true, sir. Q. How long did that strike last ? A. We have had two strikes, I think. Q. When were those strikes ? A. I think one of them was two years ago, — two years ago this coming month. Q. When was the other ? A. I should think it was last July. Q. So that each of these two years you have tumbled off, so you have had a strike. How long did the first one last ? A. The first one lasted, I think, about seven weeks. Q. And the second one lasted how long ? A. I think about a week, a nominal vacation, as many of them said. Q. There was such good feeling there in old Beverly that they thought the workmen wanted a vacation, and they let them have it? A. Well, I can't tell you about that. Sometimes we are obliged to take a vacation for want of something to do. Q, It was a strike, wasn't it, to come right down and tell the facts? A. Yes, there were two actual strikes. Q. Now, there is no ill feeling in old Beverly, you say, towards the Farms ? A. I say I don't know of any ill feeling towards the peo ple of Beverly Farms, — individual feeling. Q. Were you in Beverly the night after the Plouse failed to pass the bill over the veto last year ? A. I should think I was, I am not quite sure. I think I was. Q. Won't you see if this is a fair description of what hap pened there : " At half-past seven the bells were rung from many of the church steeples. The Salem Cadet Band played stirring melodies on the grounds in front of the town-hall. Somebody shouted, ' Give the Farmers a roasting,' and there was a rush ¦ for the station. When the seven-oclock train from,Boston for Gloucester arrived, the station was full. On board was a large delegation of the Beverly-Farms people. Two cannon which had been taken into the station were fired while the train remained, their deafening reports being prolonged by the echo. Bunches of cannon-crackers, and crackers of all kinds, were thrown under the cars, and ex ploded on the platform ; and there was a chorus of fish-horns, groans, and jeers, as the train rolled out." Do you recognize that? A. I wasn't at the depot, sir ; I don't know what hap pened there. I do know something that happened in the old town, — their rejoicing that the bill hadn't passed both Houses. Q. Do you think that is a fair expression of the kindly feelings of the people of old Beverly towards the Farms people ? A. I think the rejoicing in the old town was similar to the rejoicing at the Farms at the time they supposed the bill would pass. I think one would offset the other. Q. If I understand you, that is what you call in old Beverly " rejoicing," is it, — " roast the Farmers " ? A. I don't know any thing about that, sir ; I never heard that expression used. Q. Fish-horns, jeers and groans, — you simply call that rejoicing ? A. I haven't heard of that before, sir. 84 TESTIMONY OF CHARLES F. LEE. Q. (By Mr. Moulton.) You reside in Beverly ? A. Yes, sir. Q. What is your business ? A. My principal business is insurance ; I do some real- estate business, and am also an auctioneer. Q. Have you made sales of property in Beverly the last year? A. Yes, sir, I have. Q. What time does it cover ? A. I commenced business in August, 1885, and the first sale I made of real estate was, I think, in January, 1886. Q. How many sales of real estate have you made in Beverly ? A. I can't say ; I presume twenty-five or thirty, all told. Q. Have you got the figures of your sales here ? A. 1 have some figures of some sales of improved property. I have not the figures of the sales of land that have been made where it has been cut up from farming land into build ing lots ; but I know of most* of them, I have them in my mind. Q. Those sales are of land in the part of Beverly called Rialside ? A. Yes, sir. Q. Now, take the sales of improved property. How many have you made ? A. Of improved property I have made ten. Q. Are those all the sales of improved property that you have made ? A. Yes, sir ; that is, where I have sold houses and lots, where there has been no alteration of the old places. Q. Where in Beverly are those places situated ? A. I can read the list, if you like, — which I have here, — and tell where they are. 86 Q. Tell generally where they are. A. They are in Beverly Centre, most all of them. Q. On what streets ? A. I made one sale at the Farms, at auction ; and that is the only one outside. Most . of them are on Cabot Street, and Chapman Street, and Stone Street. Q. Cabot Street is the main street? A. Cabot Street is the main street. Q. And Chapman and Stone Streets are streets at right angles with Cabot ? A. Yes ; and Railroad Avenue and Dane Street. They are all what we call in the central part of the town, handy to churches and stores and post-oiSfice. Q. Have you compared the amounts of those sales with the assessments on the property you sold ? A. I have. Yes, sir. Q. Give me the result, if you will ? A. The first sale was the Enoch [Brown estate on Cabot Street ; it sold for $3,800, and was assessed for $4,200. The next was a new house belonging to Mr. Lovett on Davis Street, down toward the bridge, which sold for $5,000, assessed for $4,500. The next sale was on Cabot Street, the Morgan estate, just above the Catholic Church, sold for $4,500, assessed for $4,700. The next one was the Chester Merritt estate near the south schoolhouse on Stone Street, which sold for $2,220, and was assessed for $2,000. The next was the E. Foster Stone estate, on the corner of Stone Street and Davis Street, very near the south schoolhouse, the same locality, and the sale and the assessed value were just about alike, there wasn't $50 difference. I said I wouldn't mention the amount of the sale, so I haven't given it, but there wasn't $50 difference between the sale and the assessed value. The Wilson estate, the brick house just at the bridge, sold for $1,500, and was taxed for $2,250. The next was the EUingwood estate on Chapman Street, next to Capt. Giddings's house on Federal Street, sold for $1,230 at auction, and was taxed for $1,700. The William E. Norwood 86 estate sold for $3,000, and was assessed for $2,575. The Barr estate on Cabot Street, very nearly opposite the Catholic Church, was sold for $1,360, and was assessed for $1,000. The next was Andrew J. Iverson's house on Dane Street, near the Dane-street Church ; it was sold for $3,000, and was assessed for $2,150. I have added in the Stone estate, and the aggregate of these sales is, selling price, $29,060 ; the assessed valuation, $28,525. Then I have made two auction sales of town property that was not assessed. Within the last six months} three auction sales brought $4,810, and the property was assessed for $4,700. It sold for $110 more than it was taxed for. Q. Those sales are all in Beverly ? A. All in Beverly ; right near the centre of the town. Q. What is''the result of your Rialside sales? A. I sold three lots of land over there at two cents a foot, one near the schoolhouse lot, which you were speaking of, in the woods, and I think they were taxed for about a cent and a half. I think the aggregate of the sales was about $600, and they were taxed for about $450. Then I made the sale of Mr. Lovett's land, which has been given here, on Win throp Avenue, and that was four cents a foot. There is one consideration to be mentioned, and that is, that he has spent about $2,000 in building roads, besides the amount of land that has been taken out to make them, and in addition to that he paid something toward the construction of Winthrop Avenue which was already there. Q. Have you had occasion to know about the relations of the pupils in the high school the last year ? A. I think I have had some, yes, sir. Q. You had a brother in the high school ? A. My brother was a member of the senior class that graduated last year. Q. Were any members of that class from the Farms ? A. Master Ford was there. Q. Do you know of any ill feeling between him and the rest of the class ? 87 A. I don't think there was any ill-feeling. I came up to Boston at the time of the debate in the Senate last year, and my brother came up with me, and Capt. Odell's son came up with me. They met Master Ford here in Boston, and they went around with him all the forenoon, and he was with them at the debate in the Senate, and they seemed to be having a first-rate time ; they went to dinner together, and there wasn't any ill-feeling.' He has always been very pleasant toward me, I didn't know him before then, but he always has been since. My brother informed me that they have a class association, and he has been president of the class association for three years. Q. Master Ford has been ? A. Yes ; I don't think there is any very great ill-feeling there. Q. Have you ever heard of the pupils from the Farms being subjected to any ill-feeling in any of the schools in Beverly? A. No, sir. My brother told me at one time, speaking of a piece that had something in it which recalled the matter of division, that some of them sort of made a little demonstra tion, and Mr. Hard stopped it right off, and told them to stay after school, and gave them a sort of dressing down, said he wouldn't allow any thing of the kind there. He said they were very pleasant ; that once in a while Master Ford would come up and would say, " Well, boys, how is division this morning ? " And they would talk it over, but they never got mad, and never evinced any ill-feeling at all. I have seen him around with the boys in the street, I am there all the time, aiid I shouldn't say there was any thing very serious. Q. Master Ford was president of the class association during the last three years ? A. Yes, sir. 88 TESTIMONY OF CHARLES H. HENDERSON. Q. (By Mr. Moulton.) You live in North Beverly ? A. I do, sir. Q. Have you any facts as to the actual sales of land in North Beverly, and the assessments on lots that have been sold? A. I have, sir. Q. Will you please give them to the committee ? In the first place, how near do you live to the railroad-station ? A. I live within an eighth of a mile, I should say, about five minutes' walk. I walk there to take the train quite often, and I allow myself about five minutes. Q. Now please give the facts I inquired for. A. There have been some sales of real estate quite near the depot, in fact, directly opposite the depot and post-office, — the post-office is located at the depot, — and the sales I shall first mention, are sales of building lots directly opposite the depot ; I bought one lot there myself, I think that was the first one sold. Q. When? A. That was two years ago, sir, this fall. I bought my lot for $250; it is assessed for $200. My neighbor, Mr. Trask, bought one for $250, and his is assessed for $200. Mr. Terrio bought a lot there for $250, and it is assessed for $200. Mr. Broughton bought a lot there for $150, and that is assessed for $200. Those four lots in the aggregate amount to 62,112 feet, the lots directly opposite the station and post- office ; the cash price paid was $900, and they are assessed for $800. I have figured out the average of this per foot, and I find that it is a fraction less than a cent and a half per foot ; a cent and a half per foot would amount to $931.68. Mr. Wallis bought a tract of land just above that, and just above the depot, within 300 yards of the depot and post- 89 office, with a frontage on the street where the horse-cars pass of 243 feet, and running back to the shores of Wenham Lake, and containing five acres, for $775, or $155 an acre. I would state that before I bought my lot of Mr. Lord, Mr. Wallis came to me, and urged me to take a lot of him, he wanted to start the sales there, and he offered me a lot 66 feet front and 100 feet deep for $150. I didn't buy there, but bought, as I stated before, down this way further. Q. Did you look at the assessed value of this last sale ? A. The assessed value of this last sale I couldn't obtain, sir, for the reason the valuation books have not been dis tributed yet, and I couldn't get that. I can't tell you what that was assessed for ; but I will say that $155 per acre was paid. I have some other sales that will still further bear on the question, I think. There was one lot sold to Mr. Walter Caldwell for $150 on Balch Street, perhaps half a mile from the depot, and that is assessed this year for $125. Mr. Henry E. Dodge bought a lot, paying $200 for it, that was assessed this year for $200. Mr. J. V. Warner bought a farm on Cherry Hill, so-called. Q. On the road to Danvers ? A. Yes; on that left-hand road there which passes down toward the place where it is marked Danvers. He bought a farm there, I don't know how many acres there are in it, and he paid $2,000 for it, and it is assessed for $2,300. Mr. C. W. Lord bought a tract of land there for $600, and it is assessed for $600 ; that is below at the foot of Cherry Hill. Alma H. Dodge bought a tract of land for $850, and that is assessed this year for $850. Mr. Isaac Ray bought a very level tract of land there, the tract that Mr. Perry had reference to in his evidence, which has been taxed for a number of years, in 1886, at least, or 1885, for $1,200. It was sold to Mr. Ray for $1,000, and in consequence of the sale establishing the value, the assessors lowered the assessment to $1,000. These sales foot up $4,800 cash price paid, and they are assessed for $5,075. Hundreds, of course, look small to you, but hun dreds to us means the same as thousands to a good many 90 people. These are all the sales I have any personal knowl edge of. Q. Have you heard of other sales in that section of the town ? A. There have been some sales made since Mr. Wallis bought this field I have alluded to, out of which he offered to sell me a lot. He succeeded in selling a few lots, but I don't know what he got for those lots, and the trade had not been completed so that they were assessed separately this year, but they were assessed to the original owner, Mr. Wallis, I think. The transfer was not made soon enough to have them assessed to the new owners last May. Q. What is the character of those lots and of the houses that have been built ? A. The lots that I first spoke of are all near the depot, — near the North Beverly depot, — and near the post-office. Q. All these sales are in North Beverly, are they ? A. Yes, sir. The first that I spoke of are directly oppo site the station : then there were others on Balch St. Q. And the farm on the road to Danvers ? A. Yes, and the land below there which I spoke about, that was sold for $1,000, and is assessed for $1,000, is just below, near where the brook crosses. Q. How many houses have been built in North Beverly within two or three years ? A. I don't know as I can say within two years, but I think the majority of them have been built within two years. I have lived there between twelve and thirteen years (it will be thirteen years next September), and in that time there have been just thirteen houses built there, and the majority of them have been built within a year or two. I won't say within two years, but it may be within two years. Q. The horse-railroad track was extended to North Bev erly two or three years ago ? A. Two years ago last May. Q. What is the character of the houses that have been built ? 91 A. The houses that have been built near the depot — there are four of them — have been built by men who are situated the same as I am, — men who work in the shoe-fac tories, and men who found rents so high down town that we found we must get back, and have gone up there and put what little money we could scrape together into a lot, and, perhaps, a cellar, and have built our houses ; and they are nearly all, I guess quite all, mortgaged ; and we are depend ing on the shoe business. Q. They are small houses ? A. Yes, very small houses. Q. Your business is what ? A. I am employed in a shoe-factory, sir. Cross-Examination. Q. (By Mr. Steaens.) Are these lots which have been sold, lots on which houses have been built ? A. The same lots>on which houses have been built. All these I have spoken of have had houses built upon them since they have been bought. Q. You think in North Beverly there have been thirteen houses built within a year or two ? A. I couldn't say within a year or two ; but certainly they have been bmlt within three years. Q. I understood you to say you could not say exactly, but you thought most of them had been built within the last year or so ? A, The movement started with the extension of the horse- railroad there. Q. Then there is a movement there, is there ? A. I suppose that had a tendency to start that movement. Q. Some of these lots are lots on which houses have been built? A. Those I referred to, sales of farming land, — I men tioned two or three or four, — were for what could begot out of the land, not to build on. Mr. Caldwell's land on Balch Street was bought to build on, and has been built on. 92 Q. What do you think the other land has been sold for out there ? A. The Warner farm sold for $2,000. Q. I thought you spoke of lots being sold out there? A. Mr. Lord bought a lot ; I call it a lot, — a tract of land. Q. How large ? A. I don't know, I think Mr. Perry can tell you how much there is in there. It is quite a large tract, — ten or twelve acres, — it was bought for $600, and was assessed for $600. Q. Have there been any changes in North Beverly, except these thirteen houses and lots, that you know of, within a year or two ? A. Changes in real estate ? Q. Yes. A. No, sir; with the exception of the estate Mr. Perry spoke of, which was sold to Mr. Randall, a man employed in his factory. I didn't mention that because I think he men tioned it. Q. These are all additional to his ? A. Yes, they are additional, and are those I am sure about. Re-Direct Examination. Q. (By Mr. Moulton.) The valuations you have given you took yourself from the books? A. Yes, sir, the assessed valuation. Q. And the valuation, as I understand, of the land ? A. Yes, sir. Q. That is, in the valuation books, the valuation of the buildings and of the land is separate ? A. Yes, sir. Q. And you have taken the land alone ? A. Yes, the land alone. Q. And not the land and buildings together ? A. No, for I knew what was paid for the land, and I didn't know what the houses cost. 93 Q. You built last year ? A. I did, sir. Q. What did your house cost you ? A. My house cost me $ 1,125, erected, painted, papered, and with the key put into my hand ready to go into it. Q. Is that about the style of the houses that have been built there ? A. The next house to mine was the exact pattern of mine, and cost exactly the same sum, built by the same man. Q. Is that the general style ? A. Yes; there bas been one two-story house built this year. TESTIMONY OF JEREMIAH L. PORTER. Q. (By Mr. Moulton.) Something has been said about the taxation on Rialside lands. You are a resident of Bev erly, and live in that part of Beverly known as Rialside ? A. I live in the centre of the town. Q. But you were born there ? A. Yes, sir. Q. You are interested in a farm in Rialside ? A. Yes, sir. Q. That is in Rialside, in the south-western part of Beverly, west of the river ? A. Yes, sir. Q. What was that land ? A. That land was a farm. Q. A farm owned by your father? A. Owned by my father. Q. Now go on and state what was done there and what the result is, without my asking you particularly. A. The farm is undivided and owned by six heirs. We have developed a small portion of that land by laying out and building streets. First, the County Commissioners laid out a street called Bridge Street, which is the street running 94 across from near the depot towards the Danvers line ; that was built, I think, in about 1870. We have laid out Win throp Avenue, running from near that first house that you see at the left of the Beverly creek, south about 850 feet. We have sold all of the lots on that street. We have also built another street during the last year, Fernwood Avenue, running parallel with that, 1,380 feet in length. We have also built Harris Street, connecting with these two streets and running back into Bridge Street. We have sold on these three streets an aggregate of 439,192 feet of land for $7,637.50. There have been one or two very small sales since, and I was unable to get the figures on them. Q. Those were all sold in small lots ? A. All sold in small lots. Q. When did you lay out the streets, or when did the sale commence? A. Winthrop Avenue was laid out and budt in 1886, and Fernwood Avenue and Harris Street in 1887. Q. Now, the assessment this year on thia property was how much ? A. I am unable to give you the exact assessment ; it is assessed as a farm ; the sales have been made largely during the last year, and the assessment was on about $8,550. Q. For how many acres ? A. Fifty-five acres. Q. That is without the buildings ? A. That is without the buildings. Q. Did that include your sales ? A. That included the sales. Q. What I wanted to get was the amount of land sold, and the valuation of that land, if you have it ? A. Perhaps I can give the Committee a better idea of the value of that by showing the cost of construction of these roads. This land we valued as a farm, at about $100 an acre. We have built these streets ourselves, without any assistance from the town, and we have spent $4,325 in build ing the streets, most of that during the last year, since the last assessment. 95 Q. This is the best land of the farm, of course ? A. Yes, by far. Q. What is the rest of the farm ? A. The rest of the farm, a considerable portion of it, is low, marshy land. Cross-Examinatio n . Q. (By Mr. Steaens.) Let me see if I get at this rightly. As I understand you, you put into the assessment of the farm, what you call the farm, all these lots that have been sold? A. These were the farm when they were sold ; some of them were sold before the streets were built. Q. What I want to know is whether the fifty-five acres that were assessed for $8,550 includes these lots ? A. Includes these lots. Q. And you spent about $4,500 ? A. $4,325. Q. You valued the land at $100 an acre ? A. Yes, sir. Q. Now, you sold about nine acres ? A. I haven't figured it in acres. Q. I think it is about that. Then there are nine acres, $900, cost $4,500, making $5,400 ; and you have sold your lots for $7,500 ? A. For $7,637; but you should take out of that the cost of the construction of the roads, which would leave $o,ol^. Q. I have done that already, when I say $5,400 : $4,500 for the cost of your work, and nine acres would be $900. So, thus far, you have cleared about $3,000 on the value of the whole farm ? A. This is the best portion of the farm. Q. You haven't sold all the lots ? A. I have sold most all of the desirable lots. Some of them that aire left are of very little value. Q. What you have sold you sold at about the rate of an acre ? A. What we have sold, after deducting the cost of the construction of the roads, was fifty-four one-hundredths of a cent per foot. Q. Between $800 and $900 an acre ? A. Not so much as that, is it ? About $200 an acre. Q. If you sold nine acres for $7,600. A. The net amount is $3,312. Q. That you got back, over and above all expense and cost ? And how many lots have you got left ? A. We have perhaps fifteen or twenty. Q. Fifteen or twenty lots left, and you have got some forty odd acres of land left besides ? A. Yes, sir. Q. (By Mr. Robinson.) What do you say as to the comparative value of the lots left ? A. I should think they were worth, perhaps, two-thirds as much as we have sold, I don't know but one-half wodld cover it. Some of them are of very little value. This street went through a ravine, and was of no value for building purposes. Q. (By Mr. Steaens.) How many lots were there in all on these three streets ? A. I cannot tell you, sir. Q. Pretty near ? A. I should think there might be fifty. Q. You had fifty to start with ? A. Yes, sir. Q. As*I understand you, then, in a year you have sold thirty-seven out of these fifty lots that you laid out ? A. We have sold thirty-three. Q. You have sold thirty-three lots in a year ? A. In a little more than a year, perhaps. Q. They went pretty well ? A. Yes, sir. 97 Re-Direct Examination. Q. (By Mr. Moulton.) What was the farm assessed for this year ? A. About $8,500. Q. Then these lots which were sold were assessed to the owners ? A. Those lots which were sold previous to the last of July were assessed to the owners. Q. How many lots were sold then ? A. I should think there might have been a dozen of them. Q. So that the valuation of the whole was more than $8,500 ? A. Yes, this last year, as it was assessed last year. Lots that sold for $200 last year were assessed for about $175. Q. Those were assessed for $175 this year, by the assessors ? A. Yes, sir. Q. ( By Mr. Steaens.) Have those lots been built on ? A. Some of them. Q. How many ? A. I think about eight or nine. Q. (By Mr. Moulton.) What is the character of the buildings there ? A. They are cheap houses; they are built mostly by shoemakers who have, perhaps, put nearly all, and in some instances, perhaps, more than all of their means into the house and land. Q. Houses costing how much ? A. I should say $1,000 to $1,500. Q. What is the highest price of any lot of land a foot? A. I think about four cents per foot. Q. Was that sale made since the valuation of this year ? A. No, sir ; that was made previously, I think. Q. That is a corner lot ? A. A corner lot, corner of Fernwood Avenue and Bridge 98 Street. This is the county road running over to Danvers, and these lots were on the corner. Q. Near the bridge and near the railroad-station ? A. Yes, sir ; within five minutes' walk of the station. Q. (By Mr. Williams.) Were you here yesterday when Mr. Odell testified ? A. Yes, sir. Q. Is this land you are testifying about anywhere near the land he testified about "> A. It is within a quarter of a mile. Q. And it is somewhere near the schoolhouse lot, then ? A. Yes, sir. Q. I understood he testified there had been no sales over there ? A. He meant, probably, I suppose he meant, beyond the woods ; there is a wood that separates the two. TESTIMONY OF WILLIAM H. LOVETT. Q. (By Mr. Moulton.) You are town clerk and auditor ? A. I am. Q. Of the town meetings that were held last year, Mr. Lovett, how many were adjournments ? A. There were a great many last March and April pend ing the hearing and the investigation. There were thirteen meetings in all, and nine of them were the annual meeting and the adjournments, all relating to the annual March meet ing, and at most of them no business was done, except simply to meet and adjourn to another time. Q. To await the action of the Legislature ? A. Yes, sir ; and this includes the State election in November. Q. So that there were three town-meetings besides, were there ? A. There were three meetings besides the annual March meeting, and the November election. 99 Q. How many of them were in the evening, do you know ? A. All of the three were in the evening. Q. What is the whole number of voters in Beverly ? A. There were 1,764 at the last November election, 194 in Precinct One, and 1,570 in Precinct Two. Q. How many at the Farms ? How many between the precinct line and the proposed division line ? A. Between the lines, at the Farms, there are fifteen. Q. That makes 210 voters at the Farms? A. And three at Centreville, 209. There were 194 in Precinct One, and there are 15 between the lines of Precinct One and the bridge. Q. What are the comparative expenses for poor in Bev erly and in Beverly Farms? A. The annual expense for poor in the whole town, the average, is about $7,000. This present year we spent $183.50 at the Farms, but that is much more than usual for several years past. Q. Do you know about what the amount has been for several years past ? A. Last year it was less than $100 : it was between $90 and $100 ; it was stated in the evidence of last year. The year before that it was $14.30, and in 1884 it was $25. Q. How many voters are there who do not join in the petition at the Farms ? A. There are 173 in Precinct One, and 7 in Precinct Two, including those between the lines who are petitioners. Q. How many voters are there who are not petitioners ? A. That leaves 21 in Precinct One, and 29 altogether, in cluding those between the lines. Q. Have you looked at any figures that indicate to any extent what the population of Beverly Farms was forty years ago? A. I only have the school children. Q. What years have you taken ? A. The school children in 1846 numbered 134 ; in 1847, 151 ; in 1848, 148. 100 Q. I don't care about every year, but whether there has been any substantial change at any time in the number of school children for the last forty years ? A. It is less at present. In 1883 there were 127 in the same district, and there were 13 between the Farms dis trict and the proposed line of division ; in 1884 there were 122 ; in 1885, 127 ; in 1886, 126 ; and in 1887, 130. That is in the same school district that the earlier ones were in. Q. What is the fact in regard to the branch Public Library at the Farms ? A. There is a delivery system which was established two years ago, similar to that employed in several other large towns. There is a delivery station at one of the stores at the Farms, and the books are taken from the library by an expressman and carried to the store at the Farms, and those who wish to take the books go there and get them ; and when they have finished reading them they are sent back to the store, and the express will take them back to the library. The expressman has regular days in each week for calling for them and delivering them. Q. That is at the expense of the town ? A. Yes; an extra appropriation was made two years ago, and has been made since for that purpose. Q. Whether or not the town pays the fares of school children who go on the trains ? A. It does ; there is an appropriation made for that pur pose. Q. Something has been said about street-lights ; what is the fact with regard to them ? A. The streets are well lighted. Q. And have been for how many years ? A. For several years, three or four years. Q. By the town ? A. Yes ; it costs between $1,400 and $1,500 a year for street-lights. Q. For the Farms ? A. Yes, sir. 101 Cross-Examination. Q. (By Mr. Steaens.) When was this library arrange ment made for the Farms ? A. Two years ago. Q. After the division agitation came up? A. That was the first that there was any application made for it. Q. When did they begin to pay fares for the school-chil dren? A. The same year ; no application was ever made before. Q. Now, as to these town-meetings, you say there were nine, including the original March town-meeting; that is, there were eight adjournments of that ? A. There were eight adjournments, I think. Q. Of course any business could be brought up at any of those adjournments, which was down in the articles in the warrant for the meeting ? A. It could have been, yes. Q. They could have done any business ? A. They didn't do it. Q. They didn't? A. At most of the meetings they didn't. Q. At most of the meetings they didn't do any business? A. Simply met and adjourned. Q. You say most of them ? A. WeU, not until after the close of the hearings of last winter, and the investigation. Q. You say the amount you paid for paupers at Beverly Farms was how much last year ? A. This present year it was $183.50, I think. Q. And the year before it was how much ? A. About $98 ; between $90 and $100. I haven't those figures ; it was in the evidence of last year. Q. And the year before it was $14 or $25? A. Fourteen doUars. Q. And in 1886 it had run up to $90, and in 1887 to $183? 102 A. This present year there has been considerable sickness in one of the families which has been helped. Q. I am not talking about this year, I am talking about 1887. A. WeU, 1887 ; I caU that this year. Q. Taxation has begun to tell, up there, has it ; running up the amount paid to paupers from $14 to $183 since the valuation was raised? A. I think this family that was assisted never has con tributed any taxes ; the tax-rate wouldn't affect them at aU. Q. Did it all go to one family ? A. Most of it was in one family. Mr. Steaens. Perhaps the neighbors hadn't been so able to help them as before. Q. (By Mr. Williams.) You said there are twenty- nine voters who didn't petition. How many of the voters at the Farms remonstrate ? do you know ? A. I don't know. Q. Do you know any thing about the remonstrants ? A. I don't know any thing at all about the remonstrants. Q. Do you know whether there is any one who remon strates from the Farms ? A. I know they object to it. Q. Do you know anybody who remonstrates, who signed the remonstrance that has been presented ? A. I never have seen the remonstrance. Q. Has the high school ever been located at the Farms ? A. A great many years ago, when the high school was first established, it was at the Farms for a year or two. Q. At that time there were more scholars from Beverly Farms, were there not? A. I haven't the figures for that. Re-Direct Examination. Q. (By Mr. Moulton.) Did you see the remonstrance last year? The statement was made that there were no remonstrants from the Farms. 103 A. I haven't it in mind ; there was a remonstrance last year, but I don't remember the names. Q. What are the highway expenses for the whole town, and how much at the Farms ? A. The highway expenses this year have been about $20,000. All the highways are divided into wards, and a sur veyor is elected for each ward. There are fourteen different highway wards, and at the Farms are Wards 3 and 4. In Ward 3 there has been expended upon highways this present year $2,872.47 ; $274.13 of that has been paid to persons who are not petitioners, and the rest to those who are petitioners. In Ward 4 the total expenditure has been $3,475.30, and of that $137.45 has been paid to persons who did not sign the petition for division, and $3,337.85 to those who did. Q. Who has had charge of the work at the Farms ? A. Surveyors are nominated in caucus by the local cau cuses from the different wards, and they are presented to the town-meeting for ratification, and the town generally elects those whom the caucuses select. Q. What town officers are there at Beverly Farms ? A. They have a member of the Board of Selectmen and of the Assessors, School Committee, Board of Health, Engi neer of the Fire Department. Q. And surveyors of highways? A. Surveyors of highways, constables, police officers, night watch. Re- Cross-Examination. Q. (By Mr. Williams.) You say they are nominated at local caucuses ; do you mean to give us to understand that any local caucus ever nominated the officers who are now acting at the Farms ? A. As highway surveyors ? Q. Yes. A. Last year I think they didn't have any caucus there, but they did have in previous years, and the same persons were elected highway surveyors this year who have been 104 selected for a number of years previously for the same office. Q. Didn't the old Beverly people elect John T. Morse as highway surveyor? A. And he refused. Q. And then they put in the old ones ? A. Yes. Q. That is no action on the part of the Farms people ? A. They put in the same ones the Farms people had selected by caucus several years previous. Q. There was a caucus held there a couple of years ago, where they nominated a selectman and assessor ? A. I don't know. Q. Do you know there were ever any caucuses held there ? A. I know about these caucuses for highway surveyors, for I notified the chairmen who are appointed to caU the meetings together, and they report to me. Q. Then you know that last year there was no caucus held at the Farms? A. They made no return to me, and I presume there was not ; they have in previous years. Q. You don't remember that two years ago there was a caucus held, and a selectman nominated and an assessor ? A. I saw an account of it in the paper. Q. Were those parties who were nominated, elected sub sequently by the town ? A. I think not all of them. Q. Was there any one of them except a member of the school-committee, Mr. Morse ? A. I don't remember. Q. (By Mr. Robinson.) I suppose you have known in other cases men nominated by caucuses who were not elected? A. It frequently occurs. Q. (By Mr. Williams). This caucus was not a general caucus ; it was only a caucus of the Farms people ? A. The newspapers said it was a local caucus. The man 105 they nominated at the general caucus, didn't get but a very few votes ; he didn't get the vote of the Farms, he only got a nominal vote. Q. (By Mr. Robinson.) Didn't carry his own part of the town ? A. No. Q. (By Mr. Williams.) How do you know he didn't carry his own part of the town ? A. About 200 vote down there ; and he only got a very small vote. Q. How many voters were there from the Farms ? A. Generally a good many. Q, Would you dare say there were more voters* from the Farms at that town-meeting, than there were votes cast for him? A. I have no doubt there were a great many more. Q. Do you know any thing about it ? A. I have no way of teUing absolutely. Q. (By Mr. Robinson.) But these surveyors, whether they were nominated by caucus or not, do you know whether they are petitioners or not, for division ? A. They are. Q. They have been kept right along, have they ? A. They have been surveyors for several years. TESTIMONY OF JAMES A. WRIGHT. Q. (By Mr. Moulton.) You reside in Beverly? A. I do. Q. And whether or not you took the figures for the census in 1885 ? A. I did, in enumerating the census in 1885, the State census. Q. In the course of your duties, did you enumerate all the school-children ? 106 A. I did not enumerate the school-children in 1885. Mr. Eben H. Moulton made the enumeration of school-chUdren in 1885; I did not. I have done that subsequent to that time. Q. You took the school-children in 1886 and 1887? A. I took the school-chUdren in 1886 and 1887. Q. How many school-chUdren are there at the Farms ? A. In 1885, according to the return of Mr. Moulton, there were 127. In 1886, according to my own return, there were 126 ; in 1887, on my own return, there were 130. That is my recollection, and I think I am correct in it. I have the figures in my pocket, if it is necessary to have them. Q. Between five and fifteen years of age, how many ? A. Those are the school-children, those between five and fifteen. Q. You take them between the ages of five and fifteen, as the statute requires? A. Yes, sir. Q. Did you take the population of Beverly Farms ? A. I did not take the population of Beverly Farms separ rately. I took the entire population of the entire town in 1885. Q. Can you state what the population of Beverly Farms is? A. I can state that I made an extract from the return in the census office in this city for the committee in 1886, — 1885-86, at the first hearing. I made an extract from the census for the committee, and I know what that was. Q. What was that ? A. That was 843. Q. How did you take the census? Did you take the streets ? A. I went to every house. I made a record of the house, whether it was wood or brick, or stone, or both, and the first schedule anywhere in town I numbered No. 1. I made out a schedule first for the head of the house, and I marked it " Head of the house." Then I made out the next schedule 107 for the wife, if there was one, and that was " No. 2," and I showed what relation she sustained to the head of the house ; and then I took the children in the same way, and showed their relation to the head of the house. If there were two families in the house, of course the next one was blank as to the house, but the head of the family was entered just the same, and they were numbered consecutively. My first schedule taken was numbered one, and my last one was the complete number of the population of the town. Q. And that was 9,186 ? A. 9,186, as corrected. What I mean by corrected is this : there were a number of people at the Farms, and some in other parts of the town, who claimed they did not belong in the town, and that they ought to be enumerated elsewhere. Some people whom the census-takers enumerated in other towns thought there were people in my town which should be enumerated elsewhere, and they sent to me. There were about 24 of these cases which were referred to headquarters, and the final return was 9,186. Q. What is the proportion of school-children to the pop ulation in different places ? A. The proportion of school-children to the population in the town of Beverly is one school-child, one between the ages of five and fifteen, to every 5.8. Q. What is it in Essex County ? A. In Essex County it is one to 5.7. Q. What is it in the whole State ? A. One to 5.5, a little more or less, I am not sure which. Q. How does that come out in the Farms ? A. The Farms with 127, as they had in 1885, and 13 be longing in this outlying district between the two villages, would give them 140 ; and 140 multipUed by 5.8 would give that comparison for Beverly Farms. I believe that gave them a population of 812 at the Farms. I would say that I also corroborated my extract from the census by making a com parison of my figures with those of Mr. Moulton, which were taken in 1885. He took the census about five or six weeks 108 after I did my work, both based on the 1st of May. My return showed 1,583 chUdren between the ages of five and fifteen in Beverly, and Mr. Moulton's return, taken about six weeks after, showed 1,578. There was a variation of five, he returning five less than I returned. , Q. I am reminded that it is claimed that the feeling was so strong between the Beverly, and Beverly Farms, Grand Army Posts, that the organizations could not unite in the exercises on Decoration Day. Are you chaplain of the Grand Army Post of Beverly ? A. I am, at present. Q. What are the relations between the two sections in regard to Grand Army matters? Is there a Post at the Farms ? A. There is a Post at the Farms. Q. Now, state what your relations are. A. For any thing that I know, they are perfectly frater nal. Q. Have you had meetings together ? A. The last meeting held together was in December, the 19th of December, in attendance at a camp-fire. Q. The 19th of December of what year ? A. 1887. Q. Any difficulty in meeting and uniting at that time ? A. I know the members of Post 89 were very glad to meet their comrades of Preston Post, and I have not the slightest doubt that the comrades of Preston Post were per fectly pleased to meet their comrades of Post 89. Every thing was fraternal and pleasant. Q. (By Mr. Robinson.) Is the " Beverly Farms Advo cate " a paper devoted to division ? A. If it is devoted to any thing, it must be to that. Q. You have seen the paper, haven't you ? A. I have, frequently. Q. (Exhibiting a copy of the "Advocate.") Do you recognize that as a copy of the paper ? A. No trouble about that. 109 Q. Does this represent the actual state of feeUng of the Beverly Farms district in regard to the Beverly camp-fire ? (Reading.) " Twenty-five comrades of Preston Post attended the camp-fire at Beverly last Monday evening, and had a very enjoyable time. There were about six hundred veterans present from different parts of the county, and they were very handsomely entertained by Post 89. " The exercises in the Town HaU were presided over by Hon. John I. Baker, and consisted of addresses by Com mander Woodbury, Department Commander Nash, Mr. Baker, Rev. Mr. Butler, and Comrade Driver. " Following the Town Hall entertainment, came the camp- fire in the opera-house, which was enjoyed hugely by the old soldiers till midnight. " Post 89 deserves great credit for the success of the entire affair, requiring as it did much effort and labor, and no small amount of time and money." A. It does, so far as Post 89 is concerned, and presumably on the other side. Q. I will read again from the same paper. (Reading.) " The Sons of Veterans of Beverly did a very handsome thing last Monday night when they detailed their excellent drum corps to do escort duty to Preston Post." Is Preston Post the one at Beverly Farms ? A. It is. Q. And Post 89 is the one at Beverly town ? A. It is. Cross-Examination . Q. (By Mr. Steaens.) When you took this population of Beverly Farms at 843, I think, what territory did it cover ? A. It covered the territory inside of the proposed divis ion line. Q. The whole of that now proposed ? A. That is it. Well, I don't know about that: the line 110 may have been changed. I had a map with the division line marked upon it, from which I made my record. I had that to guide me. Q. You had that to guide you in 1885 ? A. No, sir, when I made the extract. I took no separate census in 1885. Q. You didn't have any separate census then ? A. No, sir. Q. Now, as to the illustration of the feelings between the two sections in regard to Decoration Day, does the town appropriate $200 for decoration services ? A. It does, generaUy. Q. Did the Post at Beverly Farms get any of it? A. I do not know whether they did or not: I do not know that they did. Q. Don't you feel pretty certain they did not ? A. I presume they did not. Q. Now, " The Beverly Advocate," that represents, so far as you know, the feeling of Post 89 ? A. Yes, sir. Q. I read this morning, a little while ago, to Mr. Perry, an account of the doings down in Beverly. Perhaps you heard me read some of it ? A. I did. Q. In which the Beverly Farms people were so pleas antly greeted at old Beverly. Now, as I go along, I find that a procession was formed to parade the principal streets, in the following order : A marshal, then came the Post, then the Salem Cadet Band, then the citizens of Beverly with the Marblehead Drum Corps, and then the J. H. Chipman Post 89, G. A. R., with sixty men. So you turned out in that procession and greeted them ? A. I did not. Q. Your Post did? A. The Post did not. Q. Then this is a lie ? A. I don't know what that is. The Post as a Post did Ill not turn out, and I did not march in the procession. I do not know that there was any procession, I never heard there was. I know that there was a band of music. Q. Weren't you there on that night ? A. I walked out that night with my wife and little girl. Q. "Several hundred citizens of Beverly," after them marches a drum corps and Post 89, and the number given is 60 men. That is from the Beverly correspondent of the " Boston Journal." That is a good reliable paper ? A. I don't know but it is. I don't know but members of Post 89 turned out as individuals, but I am satisfied it did not turn out as a Post. Q. Don't you think it kind of got together? Huddled together ? A. I don't know a thing about that. Mr. Moulton. That is the Salem correspondent, I think. Mr. Steaens. No ; it says the correspondent from Beverly. The Witness. I know this, that if the Post had come out in their usual way, I should have known it. I am satisfied it did not. Q. Now this matter that my brother has read about, when the Preston Post came up there, that is the only time they have been up there in a long time, is it not ? A. So far as I know. Q. And on this occasion the Massachusetts commander was there, wasn't he ? A. I believe he was. Re-Direct. Q. (By Mr. Moulton.) I intended to ask you, Mr. Wright, about the number of voters remonstrating against the incorporation of Beverly Farms ? A. I cannot tell you exactly, Mr. Moulton, but I can tell you all that I know about it, and then you can judge. Remonstrances were put around in stores, and carried into shops, for signatures. About fifty names were on each 112 paper. Two of those papers were passed in, without being checked off in the usual way. Q. This is at Beverly ? A. Yes, sir. Two of these papers containing about a hundred names, were passed in, without being checked off. There were checked off on the list 1,112 of the men who were on the list, as voting last fall, the printed list before it was corrected. I think it is safe to say that there are 1,200 or more of the voters of the town on that remonstrance. And what I mean by a voter of the tovra, is a man whose name is on the list ready to vote ; not a man who can qualify and vote if his taxes were paid, but who is on the list all ready to vote. I should say there were more than 1,200. I know that there are 1,112, and that there were about a hundred names^that went in without being checked off; and I know there is another paper that has a number of names on it. Of the actual registered voters, there are 1,112 who remonstrate, and I should say it was safe to say that there were 1,200 or 1,250 ; that is, as near as I can come to it, but not accurately. Q. Those are on the remonstrance, are they ? A. Yes, sir. Q. (By Mr. Robinson.) (Showing witness a copy of a town report.) Mr. Wright, do you recognize that, as the annual report of the town ? A. I do. Q. Turning now to page 108, do you see an article in the warrant for the annual meeting, with reference to seeing if the town would grant the sum of $200 for Post 89, G. A. R. ? A. I do. Q. Do you know whether or not that article was put in on the petition by your Post ? A. It was. We generally appoint a committee to make that request. Q. That was on the petition of your Post ? A. It is possible if we did not bring ourselves into notice in that way, we might be forgotten, and we do not take the chance of being forgotten. 113 Q. So far as you know, that was your own request? A. That was the request of the Post 89. Q. So far as you know, Preston Post made no such request ? A. I presume not. It does not appear in the warrant. Re-Cross. Q. (By Mr. Williams.) Among these remonstrants that you designate as 1,112, did you make any distinction between summer residents and those who live there all the year round ? A. I did not. I think there may be a very few of that class in there ; there might be two or three, but I recall just one. Q. But you did not distinguish between them ? A. I did not. I recall just one. Q. Are there any from the Farms ? A. On that remonstrance ? yes, sir. Q. Who are they ? A. Mr. Jonathan Ober, Mr. Albert Ober, Mr. Isaac Smith, and Mr. Stephen Larcom. I believe all those reside in Precinct 1. Then outside of that there are some others. Q. Jonathan Ober, Albert Ober, Isaac Smith, and Stephen Larcom ? A. I know of no others. That point was not called to my mind until a few minutes before I came on the stand ; but I know this, that there are others that are on there. Q. (By Mr. Moulton.) Mr. Calvin Foster ? A. Mr. Calvin Foster is one, and Mr. Kimball, — I don't know his first name, — he lives on Hull Street. Mr. Steaens. There are so few I suppose you can sug gest them to him. Mr. Moulton. No, I have no knowledge. The Witness. There are a number of others. I think there are five or six others. 114 TESTIMONY OF WILLIAM J. BERRY. Q. (By Mr. Moulton.) You live in Beverly and are a surveyor ? A. Yes, sir. Q. Did you make a survey for the petitioners? A. Yes, sir. Q. You were employed by Mr. Loring to make the figures for the petitioners, were you ? A. I do not think it was Mr. Loring who employed me. Q. I want to ask you what the distance is from Beverly down to Beverly Farms ? A. That is rather indefinite, Mr. Moulton. Q. I want you to locate two points and give us the distance between them. A. From Town Hall down to Thissel's Bridge is 1.7 miles. Q. Thissel's Bridge is the division line ? A. Yes, sir ; that is where it started. Q. Now, the distance I had in mind is from Town Hall to Marshall's HaU at the centre of Beverly Farms. A. That is 3.91 mUes. Q. Have you any other distances ? A. Yes, sir ; I have quite a number. Shall I read them off? Q. Perhaps you had better read them. A. I start from Town Hall and go towards the Farms. From Town Hall to Ober Street — Q. Perhaps it is not necessary to read them. To the Cove schoolhouse, what is the distance ? A. One and one-tenth miles from Town Hall. Q. What is the central point in the village on the Farms side? A. I should say Marshall's Hall was. 115 Q. (By Mr. Robinson.) Is that right opposite the new engine-house ? A. Yes, sir. Q. Where there is a hall up in the third story ? A. Yes, sir. Q. (By Mr. Moulton.) Now what is the point that is equally distant between the two schoolhouses at the Cove and at the Farms ? A. It is between Mingo's Beach and the old Loring Avenue. Q. Will you point it out on the map ? A. I don't know that I can find the avenue. (Referring to petitioners' map.) Q. Perhaps you can find it on the other map better ? A. I should think it was about there. (Indicating.) Q. Well, is that correct ? Mr. Loring did not recognize the locality at just that point when he looked at the map. A. I should think this was meant to be Mingo's Beach. Q. Won't you point it out on the other map ? Mr. Loring says Mingo's Beach is not right on that map. A. (Referring to remonstrants' map.) It would be about there. (Indicating.) Q. Point out the two schoolhouses, if you will ? A. The Cove schoolhouse is here, and the Farms school- house is here. (Indicating.) Q. What is the length of the roads in Beverly, Mr. Perry? A. 60.3 miles. Q. And at Beverly Farms ? A. 13.2 mUes. Q. How far is Manchester line from Beverly Town Hall ? A. The nearest way it is 5.2 mUes, or a little over, say 6.24 miles. Q. What is the distance from CentreviUe to the centre of Beverly ? A. That I don't know. There is a mUe-post with " 3 mUes " marked on it close by Bald Hill, and I suppose that is correct. 116 Q. Three miles from Bald HiU to Town Hall. Did you survey the precinct line ? A. On the atlas ; yes, sir. Q. What is the area of Precinct One ? A. 1,615 acres. Q. And of the land between Precinct One and Thissel's Bridge ? A. I could only give that by estimating that piece of Wenham. I do not just remember now what it was. The whole territory asked for in the petition is 3,144 acres, and a certain part of it is in Wenham. Q. There are 417 acres in that part of Wenham? A. I don't know ; I have forgotten those figures. Q. (By Mr. Steaens.) You measured this distance on the ground? A. Yes, sir. Q. You ran down and up, and down and up, or did you sight it? A. Levelled it ; horizontal measure. Q. And that is 3.90 mUes by horizontal measurement ? A. 3.91 miles. TESTIMONY OF JOHN A. MOULTON. Q. (By Mr. Moulton.) You reside in North Beverly ? A. I do. Q. You are one of the assessors of Beverly, and chairman of the Board, I believe, this year? A. Yes, sir. Q. Will you tell me what the Farms tax on property is this year ? A. $93,879.36. Q. What is the corporation and bank tax ? A. $16,958.02. Q. Making in all, how much ? A. $110,837.36. 117 Q. How many farmers are there in Beverly owning farms of more than twenty acres ? A. There are sixty-three farmers owning farms upwards of thirty-two acres, besides smaller estates. Q. In what part of Beverly do they live ? A. They live in the part that has been indicated as Centreville, in North Beverly, in the road running to the Wenham line, called Dodge's Row, from North Beverly proper, and then running to the line of the western part of Wenham, then running to the line of Danvers, on Elliott street, which runs to Danvers, and also in this section known as Rialside. Q. What do you say as to the valuation of that farming land in North Beverly as it is, the valuation as compared with the taxed valuation ? You are familiar with it ? A. I should say that in comparison with the sales there, it was taxed for all that it could be. Q. Do you know any thing about the valuation of Mr. Benjamin Giles's farm at Rialside ? A. I have not refreshed my memory particularly, but my impression is, it was taxed in 1885 for $8,500. Since then we have received information that it was in the market for $6,000 ; and upon his application to us, to the board of asses sors, representing that to be the case, I think the valuation was reduced to about that sum. Q. How many acres was that ? A. 95 or 96, 1 am not positive ; between 90 and 100 acres. Q. That runs from Beverly Creek to where? Perhaps you had better point it out on the map. A. It is located on Elliott Street, to which I have referred. It is possibly one of those houses. (Indicating.) It runs back to this water, then from Bass River, and it also crosses over Balch Street, and I think the line runs down to this, what is called Danvers River. Q. Right by the Masury land that was sold for a school- house ? A. Yes sir. 118 Q. Where is that? Won't you locate that ? A. I should say it was about there (indicating). Q. And I understood you to say that Mr. GUes came and said he was prepared to sell his farm for $6,000 ? A. Yes, sir. Q. Do you know how long it has been in the market ? A. Something over two years. Q. Will you give me the valuation of the petitioners, and also the valuation of the summer residents, the summer resi dents who petition ? A. The total valuation represented by the petitioners is $1,511,025, of which 13 summer residents represent $1,124,- 875. Q. Now, what is the balance that is owned by the natives ? A. $386,150. Q. Do you know how many petitioners are not taxed? A. I do not. Q. Take the actual tax paid by permanent residents at Beverly Farms in 1886, and how does it compare with the tax paid in 1885, before the rise in valuation? A. The amount of money involved, with the rate being reduced $3.20 on a thousand, is a little less than it was in 1885. Q. Can you tell how much ? A. I think last year an investigation revealed the fact that it was $500 or $600; I am not positive as to the amount. Q. What is the net income from the Farms, subtracting the interest on the sinking fund and the debt ? That is, the tax paid by the petitioners is'how much ? A. By the petitioners ? Q. By the Farms. The tax paid by permanent residents, petitioners. A. I have not that. Q. Very well, take the tax paid by the whole Farms, stated before. Mr. Steaens. That has aU been arranged. 119 Mr. Robinson. If the Committee wUl bear with us for a moment, I think we can agree upon aU the substantial fig ures, and save an hour's testimony. Q. I understand you have not there the net valuation at the Farms ? A. I haven't it here. I assisted in compiUng it, and I think Mr. Murney testified to it yesterday. I can furnish it later in the day. ( By Mr. Qua.) A member of the Committee desires you to state the character of the land that you spbke of on the farm you pointed out ? A. The GUes farm which I referred to? From my knowledge of it T should think there was perhaps half of it that was very good tillage land ; the remainder is rather rough, cheap land, wooded and rocky ; rather poor pasturage and not first-class woodland. Q. ( By Mr. Geeenwood.) What quality of wood ? A. Pine wood, so far as I know ; on this land over here, pine wood. Quite a large part of it is pasturage, and not very fine pasturage. Mr. Robinson. Now, Mr. Chairman and gentlemen, we have agreed upon a statement of these statistics, and we have here two copies which we will give to the reporters, so that they wUl be just alike ; stating the amount of valuation in the two parts, and the amount, the proportion of taxes that each part pays, the division of the corporation tax between the two, the number of polls in the two, and the proportion of the expenses that would be assumed by Beverly Farms, on the proposition that they have made, $60,000, and the amount that Beverly Farms would spend upon itself after division. We have agreed upon all these figures, and will save your time by putting them in. Mr. Steaens. The Committee understands that we do not agree that this is as it should be, but we agree that according to the present valuation it comes out this way. 120 Proposed town, tax on property . . • $93,879 36 Proposed town, corporation and bank taxes . 16,958 02 Total income of proposed town . • • $110,837 38 Estimated expenses for new town (including State and county taxes, interest on one-half debt and sinking fund) .... $70,000 Income from corporation taxes . . • 16,958 Valuation of proposed town .... $7,334,325 Total Beverly tax on polls and property . . $188,324 88 Total corporation taxes 27,219 13 Total income of Beverly $215,544 01 Expenses assumed by proposed town (includ ing one-half interest on debt and sinking fund and State and county taxes) .... $60,000 288 polls in Beverly Farms. Beverly Farms pay on property . . . $94,000 Beverly pays on property ..... 89,000 Tax to be raised, the corporation and bank tax being deducted, on property at the Farms for their expenses after division, including running expenses and one-half the State and county tax, and one-half interest on debt and sinking-fund $53,042 Rate at Farms to raise $53,042 is $7.25 per $1,000. Amount to be raised in Beverly, if divided, for present expenses $155,544 01 Amount to be raised by tax on property, deduct ing corporation and bank tax in Beverly and income from polls $140,377 121 Rate to raise $140,377 on valuation of $6,952,775 wiU be $20.19 per $1,000. Present rate, $12.80. Increase of tax rate in Beverly, over 55 per cent. Decrease of tax rate in Beverly Farms, 44 per cent. Mr. Robinson. I want to caU the attention of Mr. Wil liams to a statement in his opening, which is in error. He stated that seventeen men of Beverly Farms are employed by summer residents, but over eleven hundred are absolutely independent of them. That would seem to be eleven hun dred men. I suppose that is not so. Mr. Williams. Certainly not. It should read " eleven hundred people." There are not so many men in Beverly Farms. TESTIMONY OF ROBERT R. ENDICOTT. Q. (By Mr. Moulton.) You reside in Beverly, Mr. Endicott ? A. Yes, sir. Q. And have, aU your life ? A. All my life. Q. What is your business ? What has been your business? A. I have been a retail dry goods dealer for forty years. Q. Are you well acquainted with the people of Beverly ? A. Very well. Q. And of the Farms, as well ? A. Yes, sir. Q. I wUl ask you generally, Mr. Endicott, what you say as to there being any unfriendly feeling or hostiUty between the people of the two sections ? A. As far as I know, there is no unfriendly feeUng in the old town. Of course, during the excitement of the last year there might have been some chaffing back and forth, when people met; but certainly the old town, as far as I know, don't entertain any iU feelings. 122 Q. What do you say as to the population of the Farms, compared with what it was years ago, twenty, thirty or more years ago ? A. The native population which occupied the land along there have entirely moved away. Q. WeU, as to the size of the village ? A. I should not think it was any larger, if it was as large. Q. Whether there has been any substantial growth in the number of permanent residents for forty years ? A. I should think that it was less rather than otherwise. Q. You are the executor of Mr. John Pickett's will? A. I am one of them, I am administrator. Q. You are administrator with the will annexed ? A. With the will annexed. Q. And the estate has been appraised, has it ? A. It has. Q. This is one of the estates marked by Mr. Loring as not paying its fair share of personal taxes. What is the amount of personal property according to the appraisal ? A. I should rather not state the exact amount, I would state it in general terms. Q. Has not the inventory been filed ? A. It has not, no, sir. - I have never received it. It has never been handed to me. Q. An inventory is to be filed, I suppose ? A. An inventory has been made, or is in the process of being made. Q. He died when? A. He died Dec. 3, I think. Q. State as nearly as you are inclined to, Mr. Endicott, the amount of personal property ? A. I have not gone over the figures exactly, but my im pression is that he was taxed for about $100,000, and that in addition to that, he held about $20,000 or $21,000 worth of bank stocks, manufacturing corporation stocks, etc. The re- .mainder of the property, a large amount of it was in bonds. If you take those bonds at their par value, which is all the 123 holders will get for them if they keep them until they become due, his property would be appraised for a few thousand dollars more than he was taxed for, a very little more. Q. Can you say how much ? A. Well, I should say, without having the figures before me, about $15,000. Q. What do you say as to the effect of any increase of taxation upon the trade of Beverly ? A. I think in regard to the retail trade, I took the direc tory the other day, and went over the number of dealers in all branches, and there are something over one hundred ; I counted one hundred names, but some of them are in differ ent classifications and appear several times. I would say in regard to those that they have hard work to get any thing more than a living. The tendency of modern times is to concentrate trade in great cities, like Boston and Salem. And ever since the horse-cars have been running to Salem, — they run every fifteen minutes, — it draws off a very large pro portion of the trade, and these retail dealers have all they can do to hold their own. Q. Have there been any changes in business during two or three years that indicate any thing to your mind ? A. There have been two faUures within a week or two ; people have given up business. Q. In what line of business? A. One was a paper-hanger and crockery-ware dealer, and another was a grocer. Q. What do you say as to any growth in Beverly now, any increase there of business, of population during the last two or three years? A. I should think it had rather retrograded than other wise. There was a time when it was almost impossible to find a house to rent. Now, you wiU see a good many houses with the sign up " to rent." I do not think there has been any increase, certainly not within a year, and I do not think there has within two years. You asked me in regard to ill- feeling, and I would state that I have two children in the high 124 school, and I have asked them particularly if there was any taunting or nagging of the children, and they said there was not, they did not retain any ill-feeling whatever. Possibly, last year, when the excitement was at its height, children might have had some chaffing back and forth, but they said they treated those children from the Farms, what there were there, the same as all the rest of the folks, — played with them. Q. Have you ever heard, except at the hearing in the Beverly case, of any bitterness between sections, or of any children being annoyed that came from the Farms to the school in Beverly ? A. I do not think there is any thing of the kind, as I say, any thing more than temporarily. For a few weeks last year there was a good deal of excitement. There might have been more or less chaffing, but it is not a feeling that would remain with children or with people. With regard to the feeling on the other side of the line, of course I cannot say. Cross-Examination. Q. (By Mr. Steaens.) Have you buUt a new block there ? A. Yes, I have remodelled one. Q. When ? A. I gave up business about two years ago on account of UI health, and I added to the building, made two stores where I had but one before. Q. Do you rent them? A. Yes, sir ; it is all rented. Q. Now, with regard to this Pickett estate, do you mean to say that estimating the personal property at the cash value, that it is taxed within $15,000 ? A. Yes, sir. I have not the figures before me. I have not been over it very carefully ; but that is my impression. Mr. Pickett was supposed to be worth a good deal more property than he has left. Q. I understood you to say that there was a large amount of bonds which you estimated at par ? 125 A. Yes, sir. Q. What are those bonds ? A. Some Union Pacific. Q. First 6s ? A. I cannot state. I think they are 6s. Q. Well, then, they are first 6s. Those sell for 115 or 116. What else ? A. He has some C. B. & O., five per cent bonds. Q. Debentures ? A. I am not sure about that. Q. Are they the latest issue, or are they extension 5s ? A. I am hardly familiar enough with them to testify. Q. Well, there are not any of them but what are at a premium ? A. I would state that the bonds generally are a good class of bonds, and they would be worth a premium if sold immediately. Q. Now, you are making $15,000 under-taxation ? They have under-taxed for $15,000, taking these bonds at par ? A, Yes, sir. Q. And they are a good class of bonds that are at a pre mium. And how many are there of them ? A. I cannot state exactly. Q. About how many ? A. I was not aware I was to be asked any questions about them. Q. About how many ? $100,000 of them ? A. Oh, no, sir. Q. How many ? A. I should think about $20,000, as I remember, but there may be more, or there may be less. As I said, I had no idea I was to be questioned about them. Mr. Moulton. I thought you understood it. The Witness. No, I did not. I was not here yesterday. Q. What is the other property, the character of it ? A. He was engaged in the coal and wood business, and he had wharves, sheds, shops, and a large number of teams. 126 Q. What does the other personal property consist of ? A. There is over $20,000 worth of bank stock. Q. I mean, of the taxable property. You gave us that before, I think. A. $1,000 of manufacturing stock, I think. Q. That would be non-taxable property, if it is in this State. Well, is there any thing that is worth more than par excepting these bonds ? A. Yes, sir ; the bank stock is. Q. I mean of taxable property ? A. No, sir, I do not know that there is. Q. Then taking the bonds at the premium, you would make somewhere from $15,000 to $20,000 under-valuation on that estate, would you not ? A. I should think the premium on those might bring it up nearly to $20,000. Adjourned until 3 P.M. * SEVENTH HEARING. Wednesday, p.m., Feb. 1, 1888. The Committee met in the Green Room at 3 p.m.. Senator Ladd of Worcester, the Chairman, presiding. The Chaieman. A majority of the Committee being pres ent, and the hour having arrived to which this hearing was adjourned, we wUl now proceed. TESTIMONY OF AUGUSTUS N. CLARK. Q. (By Mr. Moulton.) You are an old resident of Beveriy, Mr. Clark ? A. That is my residence, yes, sir. Q. For how many years have you lived there ? A. Since 1828. I am nearly sixty. Q. What has been your business ? A. My business in Beverly was that of a shop-keeper — a druggist — for thirty years, up to the time of the war, when I quit there ; since then I have been doing business in Boston. Q. You are one of the men whose names were mentioned by Mr. Loring as a person who was likely to have personal property that was not taxed. Will you state to the Com mittee what the facts are in relation to that ? A. I have been careful always to make a statement to the assessors of my taxable property ; I have always thought it the duty of every citizen to do that. Since I have been in 128 Boston my property has been pretty largely invested in real estate in Boston. I am taxed for, perhaps, $40,000 or $50,000 worth of real estate in Beverly, and something like $80,000 in Boston. I have no personal property to any extent. They taxed me, I think, about $7,000 for income the last year, and that is all the money that I had then. I noticed in the newspaper that I was estimated at $10,000, and I have been looking around this forenoon to see where I could invest it. I suppose Mr. Loring would not say that I had it unless he knew it. Q. Have you examined the petition that was presented for the division of Beverly, Mr. Clark ? A. I have. Q. How many names of petitioners are there that are not taxed in Beverly, that pay a poll-tax, or a property-tax,? A. I would say that I was struck at the discrepancy between the voters' list, 194, and the petitioners' list, which was some 300, as it was a question in my mind where the other 100 came from. I then spent some little time in making an examination of the record, to see where those 100 and more came from. I have been over the record with the collector of taxes ; and I find 97 of the petitioners do not pay, either because they are not taxed, or because they did not pay their tax. I find that 55 of these 97 never were taxed; that is, in the years 1886 and 1887, — I didn't go back beyond that, — and they were not taxed in either of those years, 55 of them. I find that 7 were taxed in 1886, and not in 1887. The inference is that they were not there in 1887. I find that 13 were taxed in 1887, and not in 1886, indicating that they were not there in 1886. I find 17 were taxed both years, and did not pay their taxes ; making 97 persons who either were not taxed, or did not pay their tax. Q. (By Mr. Williams.) You say 97 " voters " ? A. 97 persons. They are petitioners. I find, upon further analysis, that 12 of these were coachmen for summer residents, who are not taxed, not assessed. Q. (By Mr. Moulton.) Did you state how many were directly in the employ of summer residents ? 129 A. I looked at the voters' Ust, went over that very care fully ; and, of the 194, 1 found 34 of them were in the direct employ of summer residents ; some of them were coachmen. I looked at the street invoice which the assessors made ; and against the names they marked "Laborer," or, "Laborer, Watson," or "Laborer, Linnehan," as though these men were in their employ. There was quite a sprinkling of these ; but I did not figure them up. Q. Mr. Clark, whether or not you are thoroughly acquainted with the people of Beverly Farms, and whether you have been during all the years you have been living in Beverly ? A. WeU, sir, I think I knew every famUy in the town of Beverly for twenty-five or thirty years, and was interested in their occupations. Q. How does the number of permanent residents at the Farms, and the business at the Farms, compare now with the same things thirty or forty years ago ? A. I think the population forty years ago was as large as it is to-day ; it is simply a matter of judgment. I judge something from my knowledge of the families, and I judge something from the voters. I was pretty active as a mem ber of the town committee in the exciting contests, I think covering from 1835 to 1865. I think I knew about every voter in town ; and at the Farms there were, I think, more voters, considerably more, than there are now on the voting- list. I remember one campaign particularly, the time of the Harrison campaign in 1840 ; from my recollection of it, and by inquiries I have made, that there were 150 or more who marched in procession from Beverly Farms headed by a band. That did not include those that had to be carried in carriages or those that were out of politics, of course. Cross-Examination. Q. (By Mr. Steaens.) Old Beverly has grown more rapidly then than the other part of Beverly ? A. Oh, yes ; there has been considerable increase there. 130 Q. The prosperity seems to be on the Beverly side of the line, does it ? A. Oh, the industries of Beverly, what you call the indus try, which makes the increase, is larger, I think, on the other side. The industry has always been growing there; there was considerable industry there. Q. That has all died out at the Farms ? A. That has all died out. My friend Moulton employed quite a number of hands, a hundred or more, and Benjamin Thissel employed some. That must have been in 1845 or along there. He carried on a very extensive business. Q. How much has Beverly grown, do you suppose ? A. The industry? Q. Yes. How much have you increased the population on your side of the line ? A. Well, the population on this side of the line has in creased more than it has at the Farms, as far as all-the-year- round population is concerned, although we have consid erable floating population there. Q. You have doubled your population, haven't you ? A. Since I have lived there ? Q. Yes. A. No, I guess not ; I should think not. My impression is, it was in the neighborhood of about 5,000. Q. Then in the growth of Beverly you have had to make up also for the population of the town, which I understand you think is not as large now at Beverly Farms as it was forty years ago ? A. I think it was quite as large in the matter of all-the- year-round population forty years ago as it is now. Q. I say Beverly Farms has not done any thing towards making up this increase in the population of the town ? A. Yes, I think they have. Beverly Farms was repre sented, I think, by about twelve names. I think twelve names comprehended the whole population of Beverly Farms for a good many years. Q. I do not care to go into the detail, but I understood 131 you to say that you did not think the population of Beverly Farms is any larger than it was forty years ago ? A. I said it was as large forty years ago as it is now. Q. Yes. It is not. any larger now than it was then. Now, the town has grown from 5,000 to 10,000. Mr. Moulton. He was going to say something, I think, about these families having moved from Beverly Farms to Beverly town. Mr. Steaens. I should be very glad to hear it, if he was. Q. That is, the tendency has been towards making Bev erly grow and thrive and prosper, while Beverly Farms has not done any thing more than stand still ? A. They have come up to help us. Q. In other words, the drain on Beverly Farms must have been for forty years, in the way of men or money ? A. The drain on this population that I speak of, repre sented there by a dozen names, — when I kept my store there they were all cousins and aunts. Q. I don't care whether they were cousins or aunts ; I don't want to take up too much time. I am simply getting at the fact. A. I only found fifty of them that represent those names, and several of the family names are entirely extinct. This population is now kept good by those who come in to make up the population. Q. The property you are taxed for now, in the way of personal property, is your $7,000 income ? A. Yes, sir. Q. Did I understand you to tell the committee that you have no taxable property ? A. I have no taxable property. I had none last May. Q. Last May ? A. Last May, when the taxes were made for this year. Q. Had you made any changes in your property previous to May? A. Well, yes; not very much; not in the last two or three years; I have not made hardly any changes in my property. My income I have invested in real estate. 132 Q. I didn't know but you changed your property some what before the first of May. You spoke as though the first first of May it might be different ? A. No. Q. Now, you had none on the first of May, only the $7,000 ? A. Yes, I did. I had a onehorse shay. Q. Well, I am not asking about a dollar's worth, or a hundred dollars' worth ; I am asking about something that is material and substantial. A. I had no money. Q. I see Mr. Loring did not say you were worth $40,000, but he alluded to A. N. Clark and family. Do you know who he meant by that? A. Yes. I have a daughter who has $100 in a savings bank, as she told me this morning ; and I have a wife, and she thought she might have a couple of hundred. Q. Did they think they had any more ? A. When it was reported in the newspapers that A. N. Clark and family had $40,000 that was not taxed, it created considerable amusement. Q. I only ask you whether or not there is any famUy property, any trust property ? A. No, no trust property. Q. Nothing only what is included in your statement, so that owning all this real estate, you have accumulated no personal property ? A. None at all. Q. Have you an^interest in any apothecary-shop or drug gist's store ? A. I had, but I have not now. Q. How long ago did you have it ? A. I sold out my business in 1862, or 1863 it might pos sibly be. Q. You have no money loaned on that property ? A. No, sir. 133 TESTIMONY OF HOOPER A. APPLETON. Q. (By Mr. Moulton.) You live in Beverly, Mr. Appleton ? A. Yes, sir. Q. What is your business ? A. Farming, surveying, etc. Q. And you live in that part of Beverly known as CentrevUle ? A. Yes, sir. Q. How much land do you own there ? A. Some seventy acres. Q. How near the division line do you live ? A. Well, the line goes through my place, leaving my house and barn and a few acres of land, that is, my home stead, in Beverly, and the other part is cut off by the line. Q. (By Mr. Robinson.) See if the gentleman at the map points out correctly your place. A. Yes, sir ; he does. Q. (By Mr. Moulton.) You say you are a surveyor, Mr. Appleton ? A. Yes, sir ; I practise that business some. Q. Have you followed the line of division ? A. Yes, sir; that is, from the course of the brook, as represented there, to the Wenham line. Q. From the brook to the Wenham line ? A. Yes, sir. Q. WiU you state to the Committee how it cuts property between those two points ? If you have got any paper you can refer to it. A. In starting from the brook there is about an acre of low land there : we call that a brook ; sometimes there is a brook and sometimes there is none. After emerging from that you go over 80 rods of tillage land. 134 Q. If you will, tell the Committee how many estates are cut, whether there are any that are not cut, and in what shape it leaves the land, and that will be all that I want. A. Fourteen rods brings you to hard ground, tillage land. Then you go about 80 rods over tillage land; then you come from that to Hull Street, and about two-thirds of that is pasture land. Then you cross Hull Street, and there is 80 rods and upwards of tillage land again ; and from that to the Wenham line is rough pasture. Q. How many estates does the line cut ? A. It will cut about 19, I think. Q. Does the land form the boundary line ? A. I do not think it does, not to any extent. Q. How is it with the lots as they are now ? A. Well, they are cut into all shapes. You take the lots on Standley Street, — the line cuts most of them in two, leav ing the front on Standley Street, and the back land may be in Beverly Farms. Q. Now, Mr. Appleton, you know the people residing at the viUage on Hull Street? A. Yes, sir. Q. Whether or not they are in favor or opposed to division ? A. I think they are opposed to it. Q. Have some of them signed a remonstrance ? A. Yes, sir. Q. How many, do you know? A. There is George F. Corning, Henry N. Cole, and Marvin Downs told me he would, and I don't know but what others. Q. How far wiU the chUdren of these families have to go to school in case of division ? A. WeU, if they buUd the schoolhouse where the petition ers say they are going to, on the Une between Wenham and Beverl)- Farms, it wUl be about a mile and a half. Q. How far to the Farms schoolhouse ? A. About three miles. 135 Q. On that side. Now to the Centreville school, for these parties ? A. About half a mile. Q. When you say a mile and a half you are not speak ing of the Farms schoolhouse, but of the schoolhouse in Wenham ? A. In East Wenham. Q. And that is located about here, is it ? (Indicating.) A. That is where they say they will locate the new one. *" le old one is a little back of that. Q. A little further up this way ? A. Yes, sir. Q. Do you know Mr. John Dodge of Wenham ? A. Yes, sir. Q. Is he one of the largest land owners in that part of Wenham that it is proposed to incorporate in Beverly Farms ? A. I think he is ; in fact, I know so. Q. Whether or not he has signed a remonstrance this year? A. I don't know, only by hearsay. Q. You know that he is not in favor of division ? A. He told me he was not. Q. What did he tell you about it ? A. He thought he was better off where he was, to remain as we are. Q. Did he tell you any thing else ? A. Well, he said he had seen enough of it. Q. Any thing else ? A. WeU, not lately. Q. How much land does he own there ? A. I understood he owned over one hundred acres ; I don't know exactly. I know he has got a large territory. Cross-Examination. Q. (By Mr. Steaens.) He thought he would be better off where he was ? A. Yes, sir. 136 Q. Do you know what the tax rate is in Wenham ? A. Yes, I do ; I have a little property there. I think it is $10 on $1,000. Q. He thought he would be better off to stay in Wenham than to come over and be annexed to Beverly Farms ? A. Yes ; that was his expression. Q. Did he tell you that he thought the taxes would be higher in Beverly Farms ? A. WeU, I don't know. I didn't ask him any questions. We merely met one day. Q. Didn't he tell you that he had been told so ? A. No. I don't recollect that he did. Q. When he said he thought he would be better off to remain where he was, did he mention any thing except the question of taxation ? A. No, sir ; we did not have any conversation. Q. You don't know of any thing that he might have aUuded to ? A. I don't know what he might have alluded to. Q. He thought he would be better off ? A. Yes, sir. Q. You do not know exactly what the tax rate is in Wenham? A. I think it is $10, as I recollect my tax bUl. TESTIMONY OF JOHN GENTLEE. Q. (By Mr. Moulton.) You live in Wenham, Mr. Gentlee? A. I do. Q. How near the part of Wenham that is represented on the map ? A. Within about half a mile. Q. You have been a selectman of Wenham for about how many years ? 137 A. Twenty-five, I guess. I cannot tell the exact number of years, but twenty-five, I think. Q. You testified at the hearing last year, and presented some figures, I believe ? A. Yes, sir ; I think I did. Q. You appear to represent the town of Wenham ? A. I appear by vote of the town for the residents of the town of Wenham. Mr. Moulton. Well, whatever you desire to say in rela tion to the question, I have no doubt the Committee will be wUling to hear. Mr. Gentlee. WeU, I desire to say that a large majority of the voters in the town of Wenham object to division, some on one account, and some on others. One is that they object to having the land taken out of the town where they can control the appropriation and have some control in elect ing the officers, appraising the land, and making the taxes. Another is that the town is too small now; it is smaller than we wish it was, and they don't wish any more taken away. Then they think it is unjust for so few tax-payers to take away the rights of so many. There are 64 tax-payers in that smaU piece, and the petition is represented by only 9 real-estate tax-payers, 11 all told ; that is, tax-payers and voters. Q. That is, there are nine resident tax-payers on real estate who sign that petition ? A. There are nine real estate tax-payers who sign this petition, and two who pay a tax on personal property. The whole amount of the real estate is $22,950 from the assessors' books, and that of the petitioners amounts to $8,250, includ ing land and buildings ; their personal is $1,900, their tax levy $296.26. Eight of them pay a poU-tax, and two of them are exempt. Of the 419 acres taken, the petitioners own 63f . Q. It was stated to the Committee yesterday to be 130 acres, I think. A. Mr. Dodge has' taken his land out of the petitioners' list; then Mr. Henry Dodge, the man who owns the mill. 138 would not sign because he promised not to sign against it. Mrs. Williams owns quite a large tract, but we would not take any females. Mrs. GUman owns quite a large tract. These are residents. Mr. Dodge and Mr. Benjamin F. Burch stead signed a remonstrance. I carried it to them. Q. So that the petitioners only own 53 acres of that, all told? A. They return 53 1 acres. Q. And you know from your acquaintance with the country about, how large it is ? A. Yes. I was on in 1860, and we went on to every piece of land in town, large and small, and appraised it, — a committee appointed for that purpose. Q. You have spoken of Mr. John Dodge who owns 130 acres ? A. 129 acres, I think. Q. Did you have any talk with him about his reasons for not signing the petition ? A. Well, not much. I asked him if Mr. Williams or Mr. Stearns should ask me why he had changed his mind, what I should say, and I asked him to come up himself and explain to the Committee why he had changed his mind, and he said he was a man who never went on to the stand, and didn't want to go into court anyway. He said the reason was, he thought at the time of the first petition the question would be decided on its merits, but if there was going to be any thing else used besides its merits, he was out of it. That is all that I had to say about it. Q. Is there any thing else that you want to add? A. Not that I know of. Q. You are acquainted at Beverly Farms ? A. I lived there years ago, I cannot say I know so much about it now. I knew everj' place and every house. Q. What is the occupation of the people there ? A. You have me now. Q. Are there any farms there ? A. One. 139 Q. One only ? A. One you would caU a farm. Of course, there are gardens there. Cross-Examination. Q. (By Mr. Steaens.) I don't know whether I under stand your figures. How many resident tax-payers are there in that triangle ? A. Including females ? Q. No. I say how many resident men tax-payers ? A. 1 think there are fifteen. Not fifteen that pay a real- estate tax ; there are but thirteen that pay a real-estate tax. Q. There are thirteen that pay a real-estate tax ; how many of them sign ? A. Nine who pay a real-estate tax. Q. How many remonstrate ? A. A hundred and sixty-one. There are sixty-four owners of the real estate. Q. I am getting at the residents. Now how many remonstrate on the Wenham side ? A. Two. Q. Nine out of thirteen petition, two remonstrate, and two say nothing ? A. Two say nothing. Q. Now about Wenham. How does that triangle affect Wenham, as regards revenue and expense ? A. I think they take out rather more than they put in. Q. So it is an advantage to the town of Wenham to get rid of them ? A. No. We don't care about it. Q. WeU, it is, for money ? A. It is at the present day, from a financial point of view. Q. From a financial point of view you are better off with out them ? A. To-day, we are. Q. That is, as far as we know how to act ? A. Sometimes it is. 140 CHARLES H. ODELL recalled. Q. (By Mr. Moulton.) Capt. OdeU, do you know whether in the valuation book of this year Mr. John Pickett was doomed to any amount as against the $20,000 that Mr. Endicott spoke about this morning ? I don't know whether you can answer that question or not. A. My impression is that he was doomed for $33,000. I have not the valuation book here. I do not think there was any change from last year to this year. I think it is some $32,000 outside of his horses and carriages. Mr. Williams. (Referring to valuation book.) He is doomed at $32,000. Q. Then he was taxed $32,000 for the $20,000 that Mr. Endicott mentioned this morning ? A. That is what we doomed him, $32,000. Q. Did you hear Mr. Loring's testimony that Mr. David Sears was taxed in Beverly, and was not taxed in Boston? A. 1 did, sir. Q. Have you any evidence upon that point ? A. I have, sir. Q. State what it is. A. I have a letter from Mr. Duncklee, one of the asses sors of the city of Boston. Q. Please state what it says. A. (Reading.) Assessors' Office, City Hali., Boston, Feb. 1, 1888. To whom it may concern : It appears from the records of this department that David Sears was assessed in Boston for a tax of 1887 on poll and personal of $80,000. It also appears that he has been assessed for the same items since 1878. Joshua S. Duncklee, One of the Assessors, City of Boston. 141 Q. Have you been over the schedule of property of the Sears estate ? A. I have, sir. Q. WiU you state what the facts are in regard to the amount ? A. I say, we treated this estate as we did all estates. Q. That is not what I want. A. In the first place, the whole amount of the estate was $1,073,594.91. The Witness. As appears by the return of the first and final account — Mr. Steaens. In 1874? The Witness. March 2, 1874. This is the first and final account of Frederick R. Sears and Charles U. Cotting, ad ministrators with the will annexed of the estate of David Sears, late of Boston, deceased, showing the distribution of said estate. Said account was aUowed by the probate court for the County of Suffolk on March 2, 1874. Attest, J. H. Paine, Assistant Register. I find the whole expenses charged before there was any distribution made, was $124,594.91. Then there was paid to Mrs. E. E. Sears, widow, on account of personal estate, $318,000 ; less paid March 27, 1873, $500; AprU 2, $1,200 ; AprU 9, $800 ; May 8, $500 ; Nov. 19, $1,000; Jan. 22, 1874, $1,000, making $5,000 ; which leaves $313,000 as her share of the estate, and that was paid to her in stocks, mortgages, and bonds, as follows — Mr. Moulton. There is no need of reading that. The Witness. Well, sir, I have been all over the whole. Q. How much is taxed ? A. I have here the amount taxed by the town, and how much is taxed by the State by the report of the tax com missioner. Q. How much is taxed by the town ? A. $55,105.06. Q. Is there any thing else that is taxable? A. No, sir ; not to her. There were four children at that time. Miss EmUy E. Sears was given a mortgage, we do not 142 know whether it was a mortgage note or not, which would make her more than we have assessed her. She was only assessed $42,000, doomed. We put that too low. She was given the note of J. M. Parker for $60,000, which would give her $77,264.75. Miss Emily E. Sears lives in Beverly. Henry F. Sears, his account was paid in the same way, his father distributing so many shares of the Fifty Associates, Equitable Trust Company, and so forth; his amount taxable. was $9,484.04. Miss Miriam M. Sears died. The estate was divided among the three equally ; they were given that also. Q. Now, what is the sum total taxable in Beverly ? A. The total amount taxable in Beverly was $151,237.89. Q. How much are they taxed for ? A. They were assessed in Beverly for $199,600. Q. (By Mr. Steaens.) On personal ? A. On personal. Q. (By Mr. Moulton.) How much more is that than is taxable ? A. $48,362.11. Q. I don't know that the fact has ever appeared in evi dence, or the explanation of it. It was mentioned at the view that Mr. Charles U. Cotting's barn was assessed at $6,000. What are the facts in regard to that ? A. That is true. It was a clerical error ; it was so assessed in 1885 ; and, in copying off the next year, it was put down the same; it came out here during the hearing, and I went to see Mr. Cotting, and told him I was very sorry it had happened. He said he never had noticed it. I told him he had been paying for more than he owned, and he said he was not aware of that. Q. What was the clerical error ? A. An extra cipher ; instead of being $6,000, it should have been $600. He immediately applied for an abatement, and we granted it. This year Mr. Ober and some parties were at work upon the barn for some month or two, and we have added $200, making it $800 this year. 143 Q. When was that abated ? A. That abatement was made after we found out about the error at the hearing here. We didn't know it before. Q. Did you know it before the hearing here ? A. No, sir, we did not ; and the tax had been paid at the time when I went down to see Mr. Cotting about it. Cross-Examination. Q. (By Mr. Steaens.) Have you got the book of 1885 here? A. I have not, the Committee have. Q. In 1886 you put this in at $6,000? Do you know what it was put in at in 1885 ? A. I think it was $6,000, and we copied it in in the same way in 1886. Q. You copied it in in the same way ? A. That is, it was put down wrong in the book, and copied into another book. Q. What was it in 1884? A. I cannot tell you. I was not on the Board in 1884 or 1885. Q. So for two years you put it in for $6,000? A. One year the present Board put it in. Q. And the other Board put it in at $6,000 ? A. Yes, sir ; the other Board put it in at $6,000. Q. And you had it in at $6,000 ? A. Yes, sir. Q. You didn't take any pains to correct it ? A. Not from looking at the property. Q. Don't you go around with a fresh book every year? A. Yes, sir. Q. When you go over an estate, don't you put it down in columns, land and buildings so much? A. No, I don't think we do. Q. You do not ? Don't you have an assessor's book ? A. We have what we call a street-book for taking the estates, and where there is any change in the buildings or any thing of that kind, we make a note of it. 114 Q. Then you don't make a re-assessment every year ? A. No, sir. Q. You go along, and if there have not been any changes, what do you do then ? What do you do when you get up to your office ? A. WeU, last year we did very little with buddings, and we would have been governed a good deal by the previous assessments. Q. How did you act last year ? A. We reviewed all the real estate : the buildings we did not. This year we have reduced the buildings at the Farms that were valued too high. Last year we did not pay much attention to the buddings : we did more on the land than on the buildings. Q. Do I understand you to say that you did not make any change on the buddings in Beverly Farms last year? A. To reduce them ? No, sir, I do not think of any that were reduced. I do not know but there might have been two or three reduced last year, but there have been quite a number this year. Q. You made some changes, didn't you ? A. Only where our attention was called to it. Q. Now, I argued this case last year, and this question came up. When the Committee went down there they called attention, didn't they, to Cotting's barn? A. I think it has gone all over the State. Q. Didn't the Committee, when they went down there, want that barn pointed out to them as one of the instances of over-taxation ? A. Yes, sir. I think it was ; I. won't be sure about it, but I think it was. Q. There is no doubt about that. Now, when we came up here that question was brought up, and you never offered a word of explanation, did you ? A. I don't know. Q. Your attention had been called to it as a case of over taxation ? 145 A. I don't know. I was not with the Committee. T didn't go down with them. The first time I ever heard of that barn was in this hearinsr. O Q. That was the first you ever heard of it ? A. Yes, sir. Q. Now, the counsel knew about it? They went down? Mr. Moulton. No, sir ; I never heard of it. Q. WeU, you went down with the Committee, and saw that barn pointed out to you as a piece of over-taxation? A. I think the first time I heard of that barn was in this room. Q. Did anybody offer the slightest explanation of that last year in this hearing ? A. I don't think it was pointed out; it might have been. The evidence of last year will show ; but if I am not mis taken the first time that barn ever came out was in your argument. Mr. Moulton. I did not go with them last year. I think Mr. Sohier went. Perhaps the estate was pointed out to him. Q. There is not any doubt about its being pointed out. But there was no explanation made in the opening of Mr. Sohier, or in the argument of Mr. Moulton, or in the argu ment of anybod}'' else, as to why that was done ? A. I answered that, and said I did not think the subject was mentioned until you made your argument. Mr. Steaens. The cipher business, this is the first time it was put in. Mr. Sohiee. No, it was put in last year. The Witness. I will bring the abatement book up, and show you when it was abated. We have the abatement in the book, and Mr. Cotting's letter. Mr. Sohiee. It was put in by agreement; and you will find it was printed. (Referring to p. 226 of remonstrants' book of arguments and testimony.) " C. U. Cotting's barn, which was mentioned in the argu ment for the first time, .was assessed $6,000 last year, on 146 account of a clerical error. It should have been $600, as it was in 1884. This year it was copied from last year's valua tion book at the same value, of $6,000. It has .been abated." Mr. Steaens. I would like to say this to the Committee : That not a solitary word of evidence was introduced to explain this ; but afterwards, when the book was made up, they wanted to put in a lot of stuff, after I had argued the case, on what I have questioned about. Mr. Moulton. It was put in by agreement. Mr. Stearns. I agreed you should put in any thing you had a mind to. Mr. Sohiee. It was not put in after argument. Mr. Steaens. Yes, sir. It was not testified to by a living soul. Mr. Moulton. If the agreement amounts to any thing, I suppose it is properly in the record. Mr. Steaens. I agree it is properly in the record. Mr. Robinson. I understand it was not testified to by anybody. Mr. Steaens. It was shown to the Committee. Mr. Robinson. I was not present with the Committee last year. Mr. Williams. I was, and I will swear to it. Mr. Robinson. I don't think it is properly in here, in any shape. Mr. Steaens. WeU, you and I have got that to start with, and we will make the best of it. Mr. Robinson. Before we pass from this, let me refer to the record. Here is the record with regard to putting in that list (pp. 217 and 218, remonstrants' record). " The Chaieman. We wiU not close the case untU that is definitely settled. With that exception, I understand your case is closed." Mr. Steaens. We agreed they should put in any thing which they wanted to, and they put that in. Mr. Moulton. Was not that submitted to you before it went in ? 147 Mr. Steaens. I presume it was. I never saw it. I sup pose you put in what you had a mind to. Q. Now, Mr. OdeU, I only want to ask you one question further about this Sears estate. You brought up that old inventory of 1874? A. Yes, sir. Q. Have yon made any inquiries to know what change there is in that property ? A. I have. I have been inquiring of parties. Q. Of whom ? A. I cannot tell you now who it was. Q. You cannot name anybody, then, that you made any inquiries of to find out how the Sears estate stands ? A. I don't think of any one in particular. I inquired at the city haU and other places. As I say, we have treated this estate the same as we have treated all others. Q. They are Beverly folks, are they not, and the personal estate is taxed in Beverly ? A. This estate was probated in Boston, and we came to the Boston Probate Court to find out. Q. Don't you call them Beverly residents ? A. I do. Q. And tax them as such ? And Charles U. Cotting, the one that owns the barn, is trustee of the property ? A. He is the one that pays the tax. Q. A good man ? A good fellow to stand a tax, I should think, if he don't know the difference between $6,000 and $600. A. He never complained, sir. Q. Do you know any thing more about the Sears estate than that which you have stated? A. I do not. Q. Your information is 14 years old? A. Yes, sir, it is. Mr. Moulton. I shall not ask the Committee to wait. There is another witness whom we expected to put on, but he is not here. We rest here, Mr. Chairman. 148 The Chaieman. Have you any thing in rebuttal, Mr. Williams ? Mr. Williams. No, sir, we rest here. The Chaieman. We will adjourn until tomorrow morn ing at 9.30 o'clock. LIST PUT IN EVIDENCE. VALUATION AND TAXES IN THE PROPOSED TOWN OF BEVERLY FARMS. Faems Peecinot. Non-Residents. FerBOnal. Henry Adams . Sydney Bartlett Benjamin G. Boardman heirs, Edward Boardman . Mrs. Edwin A. Boardman Edwin A. Boardman, heirs J. ElUot Cabot . Hall Curtis James F- Curtis Charles H. Dalton George Dexter . Reginald H. Fitz Mrs. Ozias Goodwin . Mrs. E. W. Gurney ,. Francis L. Higginson Otis Howe Charles E. Hubbard . Charles C. Jackson . Henry P. Kidder, heirs Henry Lee James Luke Otis H. Luke . Frank Morrison John T. Morse . Samuel T. Morse Charles J. Paine C. J. & R. T. Paine, trustees Robert T. Paine $2,200 Eeal. $24,400 2,075 3,025 2,775 17,950 20,025 36,200 7,1008,325 61,850 15,850 40,000 21,100 45,400 91,800 12,100 32,450 30,40096,10077,70013,300 16,700 15,400 16,100 29,100 64,250 45,800 64,375 150 Non-Residents. Personal. Real. Henry Parkman .... fl,200 Elizabeth Perkins 21,800 EmUy W. Preston 19,500 Emily West Preston 11,300 WiUiam G. Preston . 9,350 Robert S. Rantoul 26,675 WiUiam B. Sewall 20,900 Charles G. Stone 2,800 Charles Storrow 63,975 Sebastian B. Schlessenger . 104,100 Eugene V. R. Thayer 68,650 Ellen T. Vaughan . 4,800 Andrew C. Wheelwright 30,500 Henry Whitman 39,500 Twenty-eight small es tates 14,300 Totals $2,200 $1,351,000 Summer Residents taxed on personal property, John A. Burnham John Burnham et als. trustees Franklin Dexter Frederick Dexter F. Gordon Dexter James P. Farley George Gardner, estate Geo. A. Gardner trustee for E. Loring, Helen M. Gardner Edward B. Haven Franklin Haven George P. King . John Knowlton . Augustus P. Loring . Caleb W. Loring Caleb W. Loring, trustee . Ellen Loring Louisa P. Loring Thornton K. Lothrop Thornton K. Lothrop et als. trustees Charles J. Morse Personal. $140,000 Real. 746,050 $45,400 9,000 25,000 34,775 106,950 52,150 5,400 258,000 76,825 29,400 102,200 1,350 64,600 433,150 65,600 9,100 4,400 14,200 51,000 92,525 8,500 16,175 8,600 53,800 125,350 654,675 11,200 8,600 151 Summer Residents taxed on personal property. rereonal. E. RolUns Morse .... $12,000 John T. Morse, Jun 4,300 Mrs. John T. Morse .... 10,000 WiUiam C. Paine .... 675 Charles A. Reade .... 30,000 Real. $18,750 50,650 60,000 Totals . $2,453,425 $1,034,875 Between Faems Peecinot and Peoposed Line. Non-Residents. Frank Bartlett . Sidney Bartlett . Ira D. Batchelder Martin Brimmer Alexander Cochrane Charles U. Cotting William Endicott, Jun. John L. Gardner, Trustee John Tudor Gardner Abigail Gentlee . George A. Goddard Jane L. Gray WUliam H. Hathaway Susan N. Jackson John G. King . Charles G. Loring WUliam Powell Mason Francis W. Palfrey Charles L. Pierson Daniel W. Preston Thomas E. Proctor Cora L. Shaw Michael W. Shepard Horace B. T. Taylor Stephen G. Wheatland Asa Whiting, Heirs of Solomon Woodbury . George A. Gardner . Totals Personal. $1,500 1,100 1,000 350 Real. $23,175 27,350 925 76,700 44,600 20,600 40,700 10,700 2,600 900 32,750 41,050 1,400 55,50056,80064,80062,40025,500 24,050 150 53,80037,550 600 3,500 45,700 550860 2,575 $3,950 $757,775 152 Summer Residents taxed on personal property. Personal. Real. John G. Cushing, Heirs . . $154,400 $39,700 Richard T. Parker . 1,000 20,360 Mary T. Parker, by trustee 11,000 George Z. Silsbee, Trustee 130,200 16,750 William G. SaltonstaU 20,800 15,600 Mrs. Joseph S. Cabot 129,850 69,800 William Amory Gardner . 43,625 41,676 Elizabeth Howes 65,000 William B. Howes, Heirs of 120,000 Catherine P. Loring . 8,860 Emily D. Tyson 54,000 66,860 George D. Tyson, Heirs of 60,000 Arthur Dexter . 11,000 Franklin Dexter, Heirs of . 62,150 81,860 Francis Amory, Heirs 7,000 Totals. . $840,025 $361,326 Total valuation of proposed town $7,334,326 Owned by non-residents and other summer residents . . $6,804,575 Owned by permanent residents 407,825 Owned by Beverly residents 121,926 $7,334,325 Income peom Taxes in Peoposed Town. Property tax . $93,879 Corporation taxes . 16,958 1 nt'.fil mpmnp Tynin 'f"Pi"VPQ $110,836 Property tax of non-residents . $27,071 Property tax, other summer residents'. 60,027 Corporation taxes (received almost ex clusively from above) 16,948 $104,056 5,220 Tax of permanent residents . Tax of residents of Old Beverlj T . 1,560 Total income from taxes $110,836 LIST OF SALES AND VALUATIONS AGREED TO AND PUT IN EVIDENCE. SHORE LAND, VALUATIONS AND SALES IN BEVERLY FARMS. Wm. Powell Mason, land and buildings, $41,000 Alexander Cochrane Emily D. Tyson Stephen G. Wheatland Reginald H. Fitz . Eugene V. R. Thayer Henry P. Kidder . Andrew C. Wheelwright Mrs. Whitman and Miss Perkins Thomas Gaffield and Martin Brimmer Thornton K. Lothrop Franklin Haven (Miller Hill Lot) Franklin Haven (Haskell Street Lot) Assessed 1885. 1887. Prices Paid. s, $41,000 $62,400 $80,000 00 . 15,000 19,600 30,000 00 . 14,000 34,850 55,000 00 . 13,250 20,700 25,000 00 . 22,600 40,000 45,000 00 . 17,000 38,650 70,( 00 00 . 30,000 66,100 112,000 00 . 19,100 30,500 45,000 00 . 32,850 39,000 75,000 00 . 4,300 7,975 24,041 50 . 15,800 25,375 35,000 00 Admitted Values. $1,700 ¦86,000 $6,000 00 600 1,000 1,000 00 $227,200 $392,150 $603,041 50 VILLAGE LOTS, BEVERLY FARMS. James J. O'Brien C. E. Hubbard . Abigail Young Abigail Young Assessed 1885. 1887. Prices Paid. $1,150 $1,450 $2,200 00 6,000 15,950 20,000 00 150 300 425 00 100 150 325 00 154 Assessed 1885. 1887. Prices Paid. Town of Beverly . $1,500 $4,350 $4,691 00 Ellen Vaughan 800 80O 1,850 00 Caroline E. Lovering . 800 925 1,850 00 Sarah L. Ober 1,500 2,972 8,000 00 W. C. Loring 550 2,600 5,000 00 S. A. Fogg 150 350 812 00 $12,700 $29,847 $45,153 00 HILL LOTS, BEVERLY FARMS. ^ Assessed 1885. 1887. Prices Paid. . VV. Gurney .... $10,500 $17,900 $22,500 00 Ts. Cabot (on || of the whole) . 9,388 20,626 32,000 00 $19,888 $38,526 $54,500 00 Totals of all above $260,788 $461,523 $702,696 50 SHORE LAND, VALUATIONS AND SALES ON BEVERLY SIDE. COVE ISALES. H. W. Peabody A. A. Lawrence William Hobbs W. O. Grover C. Almy C. Torrey J, W. Lefavour W. D. Pickman W. Sohier . Assessed 1885. 1887. PricesPaid. . $12,000 $15,700 $10,7c0 00 13,500 15,600 8,100 00 9,000 9,000 6,000 00 . 12,000 14,000 11,000 00 in Burgess estate , 4,400 4,500 00 7,000 7,500 6,000 00 . 15,000 18,300 20,000 00 . 22,800 24,475 40,000 00 in Burgess estate , 7,500 8,000 CO $116,475 $114,350 00 CLOSING ARGUMENT FOR REMONSTRANTS BY HON. GEORGE D. ROBINSON. EIGHTH HEARING. The Committee met at 9.30 a. m., the Chairman, Senator Ladd of Worcester, presiding. Mr. Chairman and Gentlemen, — Whatever shall be the conclusion of this Committee in this important matter, we shall all feel that the Committee have given us a full, candid, honest hearing. We appreciate it, and know that not only is it our due, but that it is a pleasure and an honor to receive it. Neither can we pass to the consideration of this case without acknowl edging the courtesy of our friends upon the other side, and, certainly, our relations are most cordial and agree able. Nor can any man do justice to this occasion who does not also recognize the kindly and hospitable spirit with which we were all entertained at the village of Beverly Farms. The ladies and gentlemen there I am sure we are under obligations to ; and in their ardor and enthusiasm they never forgot the kindliness of the occasion, or the generosity of the spirit of hospitality. It is apparent to me that they, in their associations with Beverly for over two hundred years, have learned the 156 ways of good things ; and as they will continue here after in the same association, they can be trusted to be equally friendly, not only to every one who may come within their borders, but to each other whenever they meet. Since 1668 this town of Beverly has had its existence. Whatever has made for the glory of Massachusetts or Essex County, she has had her share in ; wherever there has been a battle to be fought, whether in the establish ment of the American Union, or in its preservation, her sons have been on the bloody field, and they have con tributed their part to our common honor and glory. She cannot be touched nor dismembered, no one would dare to destroy her, no one would attempt to undermine her honor and her renown, no one could do it, without send ing a thrill of displeasure throughout the whole borders of Massachusetts. She has a population of 9,186 ; of polls, 2,725; of registered voters, 1,764 ; an acreage of 8,635, a valuation of $14,287,100. You cannot be asked to divide her because of her size. The average of the acreage of the towns in Massachusetts is 13,066 ; 246 are larger, and only 73 are smaller. You cannot be asked to separate her because of her population, because all over the Commonwealth you will find municipalities that have a larger number of inhabitants. You know of Chicopee and Weymouth and Pittsfield, and scores of others, that will serve as illustrations. She has not failed in any duty or obligation as a town. She is not brought to the bar to answer for any defects or failures. 157 She and her sister towns are older than Massachusetts herself. They created the State, not the State them. Why, then, without abundant reason, should the Commonwealth be asked to step in to disrupt her borders, and tear off a portion of her territory to erect it into a separate town 1 Not because there are separate villages, because all over the State you will find samples of the same thing. Everybody's town, almost, is more than a single cluster. Here and there, as interests spring up, men and women congregate and dwell, and they are parts of the Avhole town, voting together, exchanging the courtesy and the business of life, and all acting together for the well being and good order of the whole. Nor is it because, I think, that a minority cannot govern the majority in a town. Our government rests on the principle that the majority has the light to govern, and we stand upon that basal fact and element, and we fall when we depart from it. It is not worthy of consideration, that in a town where only a few hundred, a very small percentage of the voters, are in one part of the town, or whether they live in different portions of the town, they cannot always have their own way. And we know very well, that in all these great political controversies, one set of men goes down, and another comes up ; the wheel turns, and fortunes change, and the result is another one and con trary. And yet that is the stability of our power ; that is the source of our municipal, and state, and national strength. 158 Nor, again, is there any ground for division in the fact that differences arise among the people, that they sharply contest questions of- principle and policy. That is so in every town. If the people are only intelligent, if they are loyal, and if they are honest, they are striv ing after the one thing, that is, good government ; and it is a healthy sign, that they differ, and state their dif ferences. Have they given substantial justice to all the people dwelling on their acres'? Have they secured equal privileges to the people ] If so, then they have served in the highest degree the purposes for which the town was established. They have certainly, upon all the testimony here, and it stands uncontradicted, Mr. Chairman, — not imagination, but testimony, — con ferred all the general benefits for which towns can be called upon : such as schools for the education of aU, public schools, the safety of the State ; the roads over which every man, without regard to his financial means, may travel without pay ; the care of the unfortunate poor ; the protection of property from the invasion of fire ; and so on, every thing that makes for the high standing and the success of the town. Surely, gentlemen, I shall rely upon you, that out of your own motion merely, or out of what you know of the history and record of Beverly, you will not volun teer to interfere in a division of her territory or her people. You come from other towns and cities. You lay your hand upon one, some other men just as high in power by-and-by will lay their hands upon yours, and 159 tear out what is as dear to you as this portion of Beverly is to the old town. But it is said there is some reason for it, and it will be my duty to investigate what that reason is. It is said, and I do not quarrel about slight differences of figures, that 302 petitioners ask for 2,744 acres of this land. They ask to include 288 poll-tax payers, and to take with them |7, 334,325 in valuation. They allege a population of about 1,300. I think it must be apparent to you that that enumeration is undoubtedly incorrect. It was taken for a purpose, under a pressure, and you know very well that strong interest will even bias a man's power to count sometimes. The census that was taken in 1885, before there was any controversy, when this matter was not dreamed of, must be nearly correct even to this day. But that has been, verified by the actual books of record in the State office, and it is found that the population will not exceed somewhere between 900 and 1,000. And then you apply all the tests that we know how to apply, the number of polls as to population, the number of school-children as to population, and it sustains the figures of 900, and utterly destroys and negatives an assumption of 1 ,300. You cannot account, on any principle of percentage that has been stated and is acknowledged everywhere, for the fact that there is any such population there. They say they are large enough in territory to be a town. We say they are, and have no dispute about that. There are other towns that have less. They 160 say they are large enough in population to be a town. For that purpose, just that alone, I say they are, be cause there are other towns that are smaller. Let us not dispute about things we cannot differ about faudy. They say they are rich enough, and I say they are in aU conscience. (Laughter.) They are too rich, that is, com paratively speaking. She is, as they contend here, rich enough, but her wealth is in the hands and the grasp of a few men, mostly summer residents and non-resi dents of the town, that is, men who have gone there for the purpose of a summer sojourn, no matter whether they are recorded on the voters' books or not. But the permanent residents, that is, those who grew in and out of Beverly, who are Beverly-ites, farmers originally in stock and blood, they altogether own about $410,000. But I say she is rich enough. What are the grievances and the reasons that are presented for division 1 She is four miles away from Beverly town, it is said. There is no doubt about it. The Creator put those localities just that distance apart. We might have done differently, but that great trust was not committed to us. It is four miles, not four and a half; there is no testimony of that kind No matter if it is in my brother's opening, no matter if it may be in the closing argument, the evidence is, — and that is all we are bound by, not imagination, not theory, — four miles by measurement, and nobody dis putes it. It has never been any less, never any more. Many other towns are just so situated. The people 161 went in there to Beverly Farms, — these very people who are underneath this whole movement, who own this locality, who have got the seven millions in their pockets, leaving the little balance of about four hun dred thousand dollars to the rest ; they went in there when it was four miles away from the town-haU. It has not stretched out any because they came. The means of communication have increased, and so it is not so far as it used to be. Methods of travel have, as we say, annihilated distance ; and men come and go, — we all do, you, gentlemen, all of us, — from our homes with that facility that makes us feel almost as if there was no distance that separates us. WeU, it is said that for ten years they have been sighing and weeping and longing. Nonsense! non sense, I say, upon this evidence. You cannot find it here. You find some one single man or another who says, in the printed or spoken testimony, that he has heard it talked about. But, gentlemen, you know weU enough, as you have read it and heard it, that this thing has all grown up within two or three years, and that it was born in the brain of a Boston man, Mr. Lothrop; that it was put forward as his project, and that the old residents there voted against it, and took no part in it, and have not, until they have been worked into it and manipulated, and have found their bills paid and their expenses run for them, and so now they do not object. No, three years will cover it all; the whole time is within that space. 162 Do they say they have been outvoted? So they have, perhaps. I have sometimes been outvoted my self in town-meeting. (Laughter.) J cannot be the whole town. Sometimes I think I ought to be. I suppose we all get that idea, but we get outvoted ; and that is what this American Republic and this Common wealth and these towns are for. And if you gentle men all live with me in a town, what a baby I am to talk about your outvoting me ! Wliat are you for, except to stand up and express your intelligence and your judgment as you wiin You are just as much answerable to the community and to God above you as I am. No town ofiicers? That is not true. They have had them, and they have them now. As you know, in towns wherever there are separate villages, the officers ai-e apportioned by common consent, not by necessity ; and so these people have had their selectman and their assessor and their school-committee man and their mem ber of the board of health, their engineer of the fire department, and they have them now. They have been elected, not defeated, by the town. Beverly has not taken aU the offices over to the central village. She never thought that was right. It is said there are differences in the conditions of the people. So there are, and there are everywhere. In the town proper, as it may be called, the central village, there are, it is said, electric lights and side walks and other conveniences. So it is everywhere. So 163 it is in the town in which I live, but the farmers and the people round about, who perhaps walk in the night in the darkness, and very likely in the mud, are not any the less loyal. They recognize that where the thousands of the people assemble, and do their business, there must be facilities greater than where the scattered farmers may dwell upon the hillside. These are not farmers out there at Beverly Farms. There is only one farm, the witnesses said, out there. It is a mis nomer to call it the Farms. Said John Knowlton in his testimony, printed in the book, it is all nonsense (that is not his language, but that is the substance of it), it is aU nonsense to call it Farms. It is not a farming community ; there are not any farms there. There is no barrier between these two parts of the town. You saw what there was, gentlemen. You rode over it with us all, and you did not knoW where one began and the other ended. Barrier! Mountain range ! Impassable stream I (Laughter.) Uninhabit able portion of the country ! Where was it ? You may look on the map, and put your memory right to the locality, and you cannot tell where it is. A little brook there. Beverly Farms men cannot get across that brook ! Nobody living along that line ? But you all saw as we went in that long and winding way over the hill, for the purposes, I suppose, of the view in Beverly Farms, went away off up over the hill because it was a nice balmy day (laughter) : you saw what kind of a country that was up there, and you saw that people 164 can live there, it is not marsh land up there. It is a good, healthy, dry place. Not very valuable ? No, but it is healthy. (Laughter.) Well, there is some trouble about town-meetings. They do have town-meetings, and it is said that people should go to them, and so they ought. But I say, shame on a man who is not big enough and honest enough to attend to his duties as a citizen, no matter if he has to go four miles. Haven't some of us, in our early days, travelled more than that to get the conveniences of town and schools and churches ? And possibly we have not dwarfed into insignificance because we had pluck enough in us to step over what might seem to the lazy man an obstacle. Distance is nothing in such a matter as that ; and men are not fit to ask to be incorporated into a town, who groan about their inability to attend a town- meeting at Beverly, even as the town is now consti tuted. Can't get any thing, it is said. Why, gentlemen, every thing they have asked for they have got, and they know it. They haven't named one thing that they have requested of the town, that has not been granted to them ; not one. They did begua two years ago, to teU some things that they wanted, and what did the town do ? Stand back and say, "No, you sha'n't have them " ? On the contrary, at the very first town-meeting they voted every thing that was asked for. And now our friends would seem to intimate, m the course of this examination, as if that is against us, as if it was done for a purpose. Well, it was done for a purpose. It 165 was the purpose not only to be fair, but to be abundant ly generous with these people. Is it any discredit to us that we did not want to cut them off from any thing, that we would readily grant them every thing they asked? And so they have had their branch library, they have had their water, they have had conveyance for their children to the public schools, they have had their street lights and their police, they have had schools and schoolhouses, they have had roads, they have had a steam fire-engine, and a new engine-house — and you saw it, and know whether it would be creditable to any town in this State to own that property — and all has been paid for, as it should be, out of the town treasury. They haven't done any more than they ought to, but they have done just all that these people asked. They have only to present a request, and it is granted. It is even anticipated. And the testimony in this case shows you what, gentlemen? It shows that when the citi zens, the old permanent residents of the Farms, went up to the town-meeting and asked for certain things, like this fire-engine and fire-engine-house, the town was going to grant it, and did grant it ultimately, but these summer residents walked up there and filed a remon strance, and their names are appended to it, against Beverly Farms having these very same things. And now by proxy the same men come in here and whine that they haven't had what they wanted. Now, take the roads. The town spends upon all the highways, $20,000 a year, and they apportion that 166 money to different districts in the town. It intrusts its expenditure to men selected for that purpose, the sur veyors. Out of the $20,000 Beverly Farms district has had $6,147.30. Isn't that its fair proportion ? By whom has it been spent ? By a hostile man living at Beverly town ? No ; but by the same two men who for years have done the same thing. The men selected by and having the confidence of the people in Beverly Farms, long before this question arose ; and, in fact, expended by two men who are themselves petitioners before you. That does not look like prejudice or unfairness. Take the high school and the other schools. The universal testimony unquestioned is that the schools of Beverly are of very high rank. The school-committee so testified, and all agree to it; the teacher who was called corroborates it. There is no lack there. The town has given them the school they wanted, and given them the teacher they required, and kept the same one, although an urgent and an ardent advocate for the division of Beverly. She is still in the control of the school. And Mr. Loring, who certainly is not without some sort of interest in this matter, says that in every respect the school-committee and the teachers have acted magnanimously and generously in this whole question of education. They say that the high school at Beverly is too far away. Well, gentlemen, how many scholars are there at Beverly Farms for a high school, suppose they undertake to go alone ? Not enough to make a decent school ; I mean decent in 167 size. Says Miss Ober, she talks of thirteen this year, the ordinary number would be five to seven or nine. What kind of a high school would that be? What kind of qualifications would be demanded? How much of the spirit of an organization would be created? Another fact is patent and strong in its inferences. The summer residents do not send their children to the public schools. They send them over the railroad in the cars to Boston, or they provide teachers for them within their own houses. They are abundantly able to do that. They do nothing to maintain the standing of the public schools. Let them say nothing about the success of the common schools in Beverly Farms, when they keep theu* own children away from them. For I undertake to say, that the man who raises chil dren, — I don't care if he multiplies his wealth by the millions, — and is able to put them into a private school, and to educate them there, has thereby not done his duty to the State and the Republic. I dare to tell him that he owesit to all the people around him, the children of the poor, to put his alongside them, let them sit on the adjoining benches, let them go out and come in, with the friction, and even the annoyance, and possibly the rudeness, of the others, so that one may help the other, and both be elevated into proper man hood and womanhood. (Applause.) This sort of half hearted aristocratic nonsense that some people believe in and practise finds no sort of support in any fibre of my nature. (Applause.) I know pretty weU, I know weU 168 enough, what it is to sit on the little old wooden bench of the common school. It has never got too hard for me. And you show me the men in Massachusetts, or in the United States, who have amounted to any thing, who will leave, or have left, any thing to be written on their tombstones but dollars and cents, and I will show you the men who started low down, and were not afraid when they were boys to be associated with some body who was not rich. (Applause.) Well, they tell us that this is an extravagant town, that it has a large debt. So it has, but for what pur poses ? For the support of those institutions which are necessary for the very vitality of the town. It is not extravagance when money is spent for schools, and roads, and bridges, and water and fire protection. But then, again, this debt has not increased in the recent years. Mr. Loring testified last year, look at it, and you will find his statement, that the net debt was practically the same now that it was in 1875, thirteen years ago. Well, these people have gone out there and bought these places and settled there ; and they went there when the debt was just as large as it is now, practically. There was no objection then. They chose it as their place of domicil, — a few of them did, and the rest as thek place of habitation for the summer, when they quit their real residences in Bos ton and other cities. It is true there has been an addition for water, but that water was put in at the request of Mr. Thornton K. Lothrop and others, who 169 must have high service for their houses in Beverly Farm.s; and if it did cost $150,000 it comes with poor grace Irom them to criticise it, and I do not under stand really that they do make any objection because of the expenditure. They tell us, too, that they pay out more than they get. They say they pay in a surplus of $49,000 to the town more than the town spends upon them to keep them going; and that is, no doubt, true. But that is not a good and a reasonable argument to make. It is the argument of a man who has his pockets full, and says, "I will keep all I have except what will contribute to my own gratification." It is the argu ment of utter selfishness, whenever it is made. Why, suppose the people down here in the Back Bay in Boston, who Hve along on these wide and spacious and elegant avenues, should button themselves up and say, " We will not pay any thing more than is spent for us, and our families, and our households." Wouldn't that be dangerous doctrine in Boston? Wouldn't it be threatening in its intent for Massachusetts ? Once in the while you have heard some old grunter say in a town, " I haven't any children, and I sha'n't pay any money, if I can help it, to educate other people's." But he is not a man whose appearance is established in marble for the admiration of coming generations. (Laughter.) He is not written up and emblazoned in the history of his town or his State. May God bless him now and hereafter in his littleness, and may 170 there be enough of eternity hereafter so that he may grow somewhat into the stature of a decent man. (Applause.) Money isn't good for any thing for us who have a little brief mortal life, except to spend it properly; and no man can spend his wealth to any better purpose than in uplifting his fellows, and, possi bly, pouring out his dollars in a proper way for the benefit of the mechanic, and the toiler, and the laborer, the poor girl, and the children of all these families that seem so humble, so that the great mass may be leav ened, and the whole raised into dignified citizenship. Well, a city form of government, it is said, is coming. But there is plenty of time, gentlemen. You needn't divide Beverly this year on that account. Their popu lation is a little over 9,000, and you know it takes 12,000 at least to make a city. Chicopee has been threatened with cityhood for a great many years, and it has been fluctuating between 11,500 and 11,799 for about ten years, and she probably will not be a city just at present. Beverly is quite a town, but there doesn't any thing indicate she is going to jump into that great size right away. Gentlemen, I beg that you wUl not act precipitately on this matter, for I really think you can fairly trust to the probabilities and say she will not be a city before next January. (Laughter.) You need not act upon the assumption that she will. Now, I come to another matter, and I approach it with a good deal of hesitation, because, if the facts were as alleged, I should feel, perhaps, that there was some 171 show of reason for a division. I hesitate the more because it is an entirely unnecessary assumption. It is thrown into the case in the ardor of the minds of a few men and women. I refer to the statements about the hostility between the different parts of the town and among the members of these two communities. I don't know what my fair-minded friend and elegant gentle man who opened this case was thinking of. He is a calm, agreeable gentleman ; I know him of yore. He has a warm grasp and a tender heart, and he is a truth- teUing man ; but when he got up here and said that they had been " spit upon," thalf they had been " taxed to death," that they had been called " ingrates " and " foreigners," and that there was a " common hatred " and a " common feud " between them, and that they had been " stoned," and that they had been " burned in effigy," I thought he must have got into the " Witch Woods." (Laughter.) Why, bless me, he don't know what he is talking about, although he has been three years upon this project. There is no evidence upon any of these things, and everybody knows it. Who has exercised his salivary glands upon any Beverly Farms man? (Laughter.) Have you named him? What man has been burned in effigy? Who has told us that ? No matter what these open-mouthed and constant talk ers will tell you all around in the byways. No matter what those very enthusiastic gentlemen who rode in that big sleigh were ready to jerk out at every corner in ac centuated tones. No matter about this or that in the 172 way of imagination. The fact we want, and it is not here. And it is stretching the case a good deal to try to put people in such a position that they really think they have been spit upon when they have not. I rather think a Farms man knows when anybody spits on him. I guess so ; yes, I know so. Ingrates and foreigners ! Paupers, said one. There has been no such testimony in any way here. They say they cannot be reconciled. Well, they haven't come to any such condition of things as that. It is not so. Oh, it is terribly overdi'awn, wickedly exaggerated. My friend was swept off of his feet. If he weighed twd hundred pounds he would have kept on the solid earth. (Laughter.) Well, now, let us see what the grievances are, and see all there is about them. Here is Mr. Loring, Augustus P. Loring. He doesn't need to be looked after very much, or tenderly handled. He thinks he knows about all there is, and what he doesn't know of the division question the rest of us wouldn't care to pick up. (Laughter.) Now, he says a few boys insulted him. Well, I have met with that sad fate myself. (Laughter.) I used to think sometimes, when I kept school, that the boys didn't entertain perfect reverence for me. I wondered at it, but it was so nevertheless. (Laughter) Well, Mr. Loring got off the train to buy a paper, and there were some of the Beverly boys who whooped her up on him. (Laughter.) That hurt him, didn't it ? Bad boys ! But I wouldn't wonder if even my old friend, John I. Baker, used to 173 do that sort of a thing when he was a boy (laughter), as good a fellow as he is. I don't know about you, either, Mr. Chairman, and I wouldn't tell if I did know. (Laughter.) But the boy that has not done something that would shock the sensibilities of the old man, or even of as old a man as Mr. Loring, is a rare boy, to say the least. (Laughter.) Well, what was done to Mr. Loring ? Any thing very serious ? Anybody stone him? No. He says he has been on the school-committee, and that he has been before the town officers, and in all the relations wherever he has approached the town and the people, he has been treated in a proper, and respectful, and perfectly honorable way. He says that the man who brings his goods to him from the store harangues him on the question of division. Well, let him harangue him ; it won't hurt him any. It doesn't hurt an intel ligent man to be talked to upon a prominent subject like this. They got a little excited down there last year in both these villages, I should think, from what I read in the papers. I rather guess both of them made some noise. One got ready to and didn't, per haps (laughter), and the other got ready to and did. (Laughter.) That is all the difference. Well, the schools are all right. That is what the teachers say. They all say that Mr. Hurd, the princi pal of the high school, — and you recollect the ques tion I put was about the high school, not about the others, because the Farms children don't have occasion 174 to attend the others, — even Miss Ober says Mr. Hurd is a gentleman in every way, and he does every thing he can to prevent any ebullition of feeling. That seems to be the universal testimony. Mr. Loring himself says that the teachers are not open to any objection on that score, and he knows it, for he is situated right where he can tell. Miss Ober got against a snag. I submit that Miss Ober volunteered a little bit of talk which, perhaps, it would have been just as well, and quite as polite, if she had kept to herself. She is a nice lady, I have no doubt, but she was a little heated over this question. Probably she had got all ready, expecting that the bill would go through, as it did, to have her little shout when she got home to Beverly Farms You find her in the cars riding with a stranger, a lady, to whom she had not spoken, and whom she didn't know. A gentle man comes along from another town, and speaks to the other lady, and Miss Ober interjects her remark. I don't know what men will do under such circum stances ; but I do know what women are liable to do (laughter), and Miss Ober did just the same as all the women of this blessed Commonwealth have been in the habit of doing, and as the sex started to do soon after the Garden of Eden. (Laughter.) The scholars are amicable. This talk about the ill feeling between the scholars is not substantiated. It is all disposed of, gentlemen, by this last testimony that crowns the case, fron^ which you learned that Ford, the 175 son of a coachman living over in the district way down there in the Cove, in Beverly Farms, beyond the Cove, was chosen by the Beverly High School Association president for the last three years. That boy, I have no doubt, is bigger in his manhood, to-day, than these little pygmies that are going axound and trying to convince him and others that his associates don't know how to treat him properly. The Grand Army of the Republic has been alluded to ; and when I read from the " Beverly Farms Advo cate " I took the very Bible of the petitioners. (Laugh ter.) I took what they support, and what supports them, as far as it can support any thing. I read from that, that Post 89 had received with abundant hospitality the Preston Post; and it flowers out into thanks for the courtesy. No one would dream from that, that there was any want of good feeling. It was asked if that was not when the Massachusetts commander was present. That, indeed, was the occasion; but the Massachusetts commander was not in the editorial sanctum of the " Beverly Farms Advocate," if it has one. The " Farms Advocate " expressed its judgment upon the condition of feeling between these two Posts. And if they didn't have in Preston Post an appropriation to use for the decoration of the soldiers' graves, you know, upon the unquestioned evidence in this case, that it was because they did not petition for it as the other Post did. Children will often be impertinent. There will 176 always be excitement among boys and girls over ques tions in which the fathers and mothers are interested. I don't doubt at all that in all your towns you find even the little boys and the little girls trying to be Democrats and Republicans, in State and National contests ; and they have clubs, and they march, and they insult each other, "just like the men." (Laughter.) And the women get heated about it, too, and they talk; and you would think that there never could be peace any more in the land. But the ballot-box closes, and it is overturned, and the result ascertained ; and the sun shines the next morning, and peace and liberty are secure, no matter what the political orators have told us. We all go right on in the march of progress. Happy is it for this land of ours that the solid sub stratum of sense is deep enough and strong enough so that the flimsy vaporings of a day have no influence. Now, it is said that these people can never agree. They do agree now, even at this minute, and they smile at this assumption that they are on these terms of hos tility. Why, says Mi-. Loring, this will continue until it is settled one way or the other. That is Mr. Loring's opinion. Undoubtedly. Undoubtedly, so long as this controversy is kept open, there will be talk about it. But, gentlemen, the argument is not necessary or logical, that that leads to one result, and that, that there must be separation. Mr. Loring says, settle it one way or the other, let them go or let them stay, and be done with it, and there wiU be no more talk about it. I don't doubt that. 177 Such contests in many towns and cities have thus been ended. We remember them all around the State. Towns that have been set off have got over their feehng, and villages that have not been set off have got over their feeling, and every thing has gone on all right. And the man who says that any community of Massa chusetts people, as intelligent and orderly as they are on both sides of that proposed line, will not behave themselves as citizens, because the State, in its sove reign power and judgment, concludes it is not best to make two towns instead of one, underrates the intel ligence and the honesty of the people. Mr. Chan-man, you know pretty well, and I have no doubt some of your fellows do, that that argument was used many years ago, that it was no use to try to have people stay who had made up their minds to go, for they never would stay, and they never would be happy and loyal and reconciled again. And in the many years that you bore the musket, sir, it was all the harder and the heavier, and the wounds were the deeper, and the deaths were the more numerous, because of the men even here in the North, who said that when eleven States of this Union, and eight and one-half millions of the people, were determined on secession, and de clared they would never stand again under our glorious flag, the contest was hopeless ; but the loyal North said, " No, we will have peace and obedience and sub mission, and time will work out the feeling and the sanctification, and bring back the loyalty." Well, what 178 is the glorious history of this country from that time down to this hour ? Partisanship out, every man knows that in those eleven States to-day, and among those people, there is a greater loyalty to the National Gov ernment than there was before the war. (Applause.) Every one knows that a man from the North can travel through those States in greater peace and safety than he could prior to the breaking out of the Rebellion. There is no question about it. We may differ about questions of party politics, but that is honest and right, and we can't stand in the face of the inevitable fact and the honest conclusion. Well, if, when from the Potomac to the Rio Grande there was but one flame of secession and defiance, and no hope of reconciliation, it was said. Peace has tri umphed, and fellowship has been re-established ; I think we may well say that over the little brook down there near the Cove, possibly the white angel of Peace will spread her wings, and flit from one side to the other, and the people will be neighborly, as they always have been, and good friends and good fellows together. (Applause and laughter.) Some of these considerations are sentimental ones. But we are affected so deeply and so tenderly by senti ment in our devotion to principles and to rights, that you cannot touch the native town of a man, or his home of adoption, without awakening a thrill of sympathy and impulse in his breast. It is indeed sentiment to speak of these things, but without sentiment we are 179 poor human beings. There are some people who do not want to talk about such matters. They are inter ested in doUars and cents. By-and-by, — let me say what we aU know, — doUars and cents will not count. Then the substantial things of soul and life will come in, and possibly from some fireside where wealth has not accumulated may go up a spirit that is pure and white, and which shall honor the life on earth abun dantly. But these questions of dollars and cents, and expendi tures, are proper and right for consideration. They are necessary in the development and the good order of a town. And so I approach that side of the question with the same confidence. It is said that they have been " plundered." That is the word ; " plundered." That is a good word ; terribly misused, though. (Laughter.) My brother unwittingly disclosed his own sentiment when he said that last year they plucked a bird of pass age, and got his tax out of him. Ha! ha! It was " mUch cows," a little whUe ago, in his illustration ; and then it was the taU of a dog which he had wagging (laughter) ; and then he struck upon " bird of passage." WeU, what is a bu'd of passage, for taxation purposes ? It is a man who doesn't live anywhere, especiaUy at the first of May, but who Hghts here and there and doesn't leave any thing worth speaking of. You can't find him. He is Hke a flea ; now he is there, and now he isn't. (Laughter.) These birds of passage that my friend speaks of, are just the feUows that Massachusetts 180 doesn't want to encourage and support. Birds of pass age ! Well, we have got all kinds of birds in Western Massachusetts, and I wouldn't wonder if we have got some of this kind there, but they are not quite so nu merous as they seem to be down this way. We don't run to birds of passage quite so strong up there ; we are a little more flxed in our dwelling-places. When you hear of a man whom you don't know where to locate, whether he is in Boston, or Beverly Farms, or New Hampshire, you don't know where he is, and he is worth millions upon millions, it is a good title to give him the name of bird of passage. I don't think the assessors of any town wUl hurt anybody very much if they do pluck him, and I don't know why my friend should complain of it. I think he should have said in his opening, " AU honor to the assessors of Beverly ; they have caught a fellow who was trying to cheat the town and the State out of his fair proportion Of the payment of the pubHc burden, and they have put theu* hand on him and said, ' My friend, you can't live here under our great shield and under the protection of our laws, and be such a mean, insignificant scamp as you are.' " (Laughter and applause.) If he takes any credit in that sort of a bird of passage, I am glad that the assessors of Beverly have caught him ; and I hope Beverly will keep on choosing the same men, who seem to have their spectacles on, it is said, until they get in the whole coop of that kind. (Laughter.) WeU, they say the valuation has gone up down 181 there. Yes, the valuation has gone up. The rating has been made higher. Yes, but it has not got above the property. Never you fear about that. Now, at one of the hearings two years ago, it came out for the first time, as you have read in this testimony, that there were a great many people there who had a large amount of property they didn't pay taxes on, and those valuable estates were referred to right here in this room. And the Beverly assessors were here, as they ought to have been, and they learned that fact right from the mouths of Mj.-. Augustus P. Loring and others. Well, what were they going to do? Mr. Augustus P. Loring in formed them and the town and everybody else that there were those people who were taxed insignificant and unjust sums. The inference was that Mr. Loring himself was unfairly treated, as he was, and so *was everybody ; so was every shoemaker who had his little house over in Beverly, no matter if it didn't add but a few dollars to his tax, for it was just as big to him as a few thousands to some other people. What, I ask, were the assessors to do ? Were they to tax these peo ple or let them go ? They didn't ask to be let go, but with the same sort of fatality and misfortune that a great many people have, they hadn't thought to mention to the assessors the property they had. That is aU there was about it. Undoubtedly they were glad to do their part, but it had not been signified to them that it was necessary; nobody had come around to say to them, "Really, are you doing aU you ought to?" (Laughter.) 182 Now, let us see how we get at this matter of valua tion. It is not guess-work. My brother WiUiams doesn't know any thing about it. What my other learned brother knows, I am not going to say, for he wiU teU you. (Laughter.) But the rest of us, I under take to say, do not know about the valuations of real estate in the town of Beverly. We have not the means necessary for a judgment. Under the law, the town chooses assessors of taxes. They are required to make a full and fair cash valuation of the property, and to assess the taxes so that each may pay only his just pro portion. They are sworn officers. Their oath is not lightly taken, I hope and trust and believe ; and, there fore, I think that when town officers, standing in that position, do a duty of that kind, their judgment is entitled to more confidence than the loose statements of men who come upon the stand here and are not sworn, and who for a purpose at this time are ready to guess about some person's property. I myself have a feeling that we ought to accord to our fellow-citizens, who are in town or city offices, a spirit of fairness. There is a Httle too much of this undermining and cheapening of official jurisdiction. There are scamps in office, un doubtedly, but the men who come to the Legislature, and the men who are the selectmen, the men who are the overseers of the poor, the men who fill the ordinary official places in the towns and cities, I take it are honest as a rule. I should have a heavy heart if it were otherwise in my mind. I have no patience or 183 sympathy with the men who go around and say, " WeU, aU these fellows are thieves, rascals." No, I think if we have any thing that is worth keeping, and if there is any thing left in Massachusetts, it resides in the average intelligence and honor and integrity of the people ; and, therefore, I am going to give some credit to the assessors who swear they will do their duty honorably, and proceed to do it. You were taken down there the other day in that wide and spacious barge to see the country. The land was covered with snow, the air was full of frostiness and discomfort, and though we might have looked very wise, I think we didn't feel very wise at the time. I have no doubt that every one of us felt that he was a very poor judge on the value of property in Beverly Farms or Beverly at that time. We went around and looked about, and we saw this place and that place, and things were pointed out to us, and the excitement of our attendants came in on the one side or the other, and, " This was the place," and " That was the place," and the elocution and gestures were multiplied upon us until it was worse than a haUstorm. (Laughter.) We knew a good deal about it, didn't we, from our own observa tion? But I am not going to set myself up as a judge whether the tax rate and the valuation in Beverly Farms is fairly put or not. I am going, to get at it in a proper and statutory way. I can imagine aU sorts of things. I might possibly have a personal quarrel with the as sessor who I thought wanted to value my house too 184 much, but I guess after all the judgment of my neigh bor who lives across the street, or of others in the same town, or round about in the same county, on such a question as that, would be freer from bias than mine. I have no doubt a good many of you felt as I, perhaps, said there, that the whole thing wasn't worth ten cents an acre, — on such a day as that. (Laughter.) It makes a good deal of difference whether you go there in the winter time or summer. When we were up on the hills there, and looked away out, and saw the break ers of old ocean dashing against the rock-bound coast, and beyond the white caps on every hand, it looked too cold and frosty, and we didn't want to stay there to ad mire it. But in July and August, it is quite another sensation, as we all know. Then we would deHght to visit there, and linger upon those hUls, and sit upon those rocks. Full and fair cash valuation ; just proportion of tax ation. Now what is the remedy, if the assessors make a mistake, or go wrong? It is all written in the statute book ; it is all provided for. Any man who is dissatis fied, has his remedy of appeal to the County Commis sioners. One man, Mr. Haven, and he is the only one, has appealed ; but we know well enough that if the others thought that they were unjustly treated, they would have done the same thing. It wUl not be said, I trust, that they are not able to carry on an appeal, that they cannot use their money, or that they haven't any by which they could employ counsel, any one of these 185 gentlemen, to prosecute an appeal. That is altogether too flimsy. They are able to take care of themselves, and if they thought they were taxed too high they would say so, and they would say so to the Board of County Commissioners. The Board of County Commissioners have heard Mr. Haven's case. They very properly have withheld their decision, so as not in any way — I hope that was their motive, if no other — to influence or indicate a judgment on the matter, leaving you to pass upon this question, unbiassed in any degree by what might seem to be their opinion. But we know very weU that that appeal has gone on in the proper way, and is to come to a conclusion. Now, I say that every one has the same opportunity, and would use it if he felt there was any occasion for it ; and the fact that they have not, is a ratification and confirmation of the assessment Hst made by the assessors. WeU, isn't that land valuable? Nothing but rocks! Can't be used for tUlage ! A forsaken place ! It cer tainly looks Hke it in the winter. But there are a great many Beverly towns in Massachusetts, many such a set tlement. We have one at my home. There is one in your town, Mr. Chairman; there is in everybody's town. There are plenty of places where people live, but there is but one North Shore in Massachusetts. There is but one place where there is a crop of Beverly rocks with the resounding sea in the front. Old ocean does not play her music for the ears of the residents of Berkshu-e. Those in other counties have no such con- 186 dition of things as you find there, except right on the shore. So you may go all through Massachusetts, and you do not find those elements of grandeur and sublim ity which constitute the real value of these locations. Not valuable ! Well, they are valuable, because people think so, because people want them, wiU have them, want to pay for them. When you put them up for sale people of intelligence and good judgment buy them, and that fixes the value. You change the conditions, and you change the value. We can supply you from Hamp den. County rocks in an abundant amount and to satisfy you, and we won't charge you any thing near what the Beverly rocks are worth. If you will come and live on them, we wUl sell you those rocks cheap. There are plenty of them, extending way up into Berkshire and aU along on the hills. Mr. Stearns. And better rocks, too. (Laughter.) Ml-. Robinson. And better rocks, too, undoubtedly. At any rate, I want to advertise our rocks. (Laughter.) Of course we don't aUude to our private rocks, because we haven't any. (Laughter.) If people didn't want these places down there they wouldn't buy them, they wouldn't sell for any thing. But some people want them, and can afford to have them. That is the secret of it. You will find it so to a degree aU along on the shore in various locaHties. I cannot afford to buy one of those places. I hope, Mr. Chairman, all of you gentlemen are able to, but I cannot. It is too much for me. I can't pay any $112,000 for a house- 187 lot; but I don't blame any man who has his ten or fifteen mUlions of dollars, and doesn't know what to do with the income rolling in upon him every day, — I don't blame him if he wants to enjoy a summer place like that, and is willing to pay what would be a de structive price to me and to the great majority of people. I have known people to go and give an ex travagant price for a picture, a great price running up into the thousands of dollars, or for some little piece of maxble. WeU, you show that to a shoemaker or a hod-carrier, and he is not going to put his milHons into it. (Laughter.) He would rather have some thing else. It is beef, and pork, and cider, and a little tobacco, perhaps, that he had rather have. Possibly another man wiU have luxuries of another kind. I might mention even a horse that is deceptive and tantalizing, but I won't, for that is the domain of my learned brother. (Laughter.) WeU, the people wanted assessors there, after the meeting two years ago, to fix the value on the lands, and so they proceeded to choose them. They went down to Beverly Farms for one man, and they selected for that purpose whom? Mr. Thornton K. Lothrop, certainly an able, competent and honorable gentleman, one who would know about the value of those estates in Beverly Farms, and who would know, probably, some thing about the personal property of the people living in Beverly Farms. He hadn't gone to Europe ; don't let anybody say that to you. He was there, but he 188 declined to serve. Then they proceeded to choose some body else. They tried to get the best. They wanted to get a man upon the board who would, if they were wrong, set them right. It may be said that the Farms people named somebody else, but they didn't elect him. Perhaps so. There are people who have got left in elections before for various reasons. It is not conclu sive upon their honor and abUity at aU. They might have been fair men. It is said that these assessors went to work for a purpose, and you have had the testimony here of Mr. Dow and Mr. Ober that Mr. Odell said he went on the board in order to accomplish a certain purpose. Mr. Odell says to you — you have had him here, and you can judge about it, I am not going to try this question upon any narrow lines — he says he didn't say any thing of the kind, and had no such purpose in his mind, and was not asked to do any such thing ; that he was urged to go upon the board, pressure was brought to bear upon him, I suppose because they knew he was a competent man, and he assented. But that is not a substantial question, gentlemen, no matter whether he did say it or did not. The question is, what was the result ? Did they make a fak valuation ? No matter what the purpose was. No matter if OdeU accepted the office for the purpose of doing the very thing which they say he did, so long as he did not do it, that is, if he did not make an exorbitant and unfair and unjust valuation. If he did not, then there is no 189 ground of complaint. So the important thing is to see what is the result. Now, let us take it by parts, real and personal prop erty. Let us take the real estate first. There are various ways of getting at the value of property. One way is to ask a man what he thinks it is worth, and you estimate the value of that opinion by the grade of his intelligence and opportunities for judgment. There are other ways of finding out. What have been the sales of such property ? We all know that thatj is a good way, and a great deal better way than the other, pro vided you take, not one instance of a sale, but take many, and get an average. Now, you have had the talk, which I wUl proceed to discuss by and by, of gen tlemen who were giving simply a guess. You have also had the indisputable and uncontradicted evidence in regard to all the sales of real estate that have been made in the town of Beverly, whether on the one side or the other of the proposed line. It is going to be some Ulumuiation to us to know what the facts really are. There wUl be a good deal of talk around here, you won't hear it probably, but other people wiU, that " There is a piece of property that is taxed for so much, and it wiU be sold for a great deal less." But you never find anybody to set a price on it. There was a good deal of loud talk the other day, on that famous ride, about such a place and such a place being for sale, but those inteUigent and well-informed gentlemen could not tell any thing about the price. It was for sale, oh. 190 yes ! " What is the price ? " " We don't know. We don't set a price until a man comes along and offers something for it." Is that the way people deal who are very anxious to trade and get rid of property they do not want ? Now, let us take the valuations and sales of shore lands in Beverly Farms. And I undertake to say that these figures cannot be controlled. They stand beyond anybody's impeachment. They are admitted, in fact, by the other side ; they say they are true. There was talk about their submitting one single sale that should qualify or explain some of these, but it has not been put in, and therefore I know it could not be, because my friend would not leave any thing out. Listen now while I read, giving first the name of the purchaser, then the valuation in 1885, then the valua tion in 1887, and then the prices paid. SHORE LAND, VALUATIONS AND SALES IN BEVERLY FARMS. Asse 1885. 3sed 1887. Prices Paid. Wm. Powell Mason, land and buildings. $41,000 $62,400 $80,000 00 Alexander Cochrane . . . . 15,000 19,600 30,000 00 EmUy D. Tyson .... 14,000 34,850 55,000 00 Stephen G. Wheatland . 13,250 20,700 25,000 00 Reginald H. Fitz . 22,600 40,000 45,000 00 Eugene V. R. Thayer . 17,000 38,650 70,000 00 Henry P. Kidder . 30,000 66,100 112,000 00 Andrew C. Wheelwright 19,100 30,500 45,000 00 Mrs. Whitman and Miss Perkins 32,850 39,000' 75,000 00 Thomas Gaffield and Martin Brimmer . 4,300 7,975 24,041 50 Thornton K. Lothrop . . 15,800 25,375 35,000 00 191 Admitted Values. $1,700 $6,000 $6,000 00 600 1,000 1,000 00 Franklin Haven (Miller Hill Lot) Franklin Haven (Haskell Street Lot) $227,200 $392,150 $603,041 50 Now we wiU take the village lots in Beverly Farms, and see about them, the kind of property that the poorer people, as they say, own. VILLAGE LOTS, James J. O'Brien C. E. Hubbard . Abigail Young Abigail Young Town of Beverly - EUen Vaughan Caroline E. Lovering Sarah L. Ober W. C. Loring S. A. Fogg BEVERLY FARMS. Assessed 1886. 1887. $1,150 $1,450 PricesPaid. $2,200 00 6,000 15,950 20,000 00 150 300 425 00 100 150 325 00 $1,500 $4,350 $4,691 00 800 800 1,850 00 800 925 1,850 00 1,500 2,972 8,000 00 550 2,600 5,000 00 150 350 812 00 $12,700 $29,847 $45,153 00 Now, hiU lots at Beverly Farms; let us look at those. HILL LOTS, BEVERLY FARMS. E. W. Gurney Mrs. Cabot (on |f of the whole) Totals of all above 1886. 1887. $10,500 $17,900 9,388 20,626 PricesPaid. $22,500 00 32,000 00 $19,888 $38,526 $54,500 00 . $260,788 $461,523 $702,696 50 Then I come to the Cove sales, over the other side, and you wiU recoUect that the property there is of another class. 192 COVE SALES. Assessed Prices 1885. 1887. Paid. H. W. Peabody $12,000 $15,700 $10,750 00 A. A. Lawrence 18,500 15,600 8,100 00 WiUiam Hobbs 9,000 9,000 6,000 00 W. O. Grover 12,000 14,000 11,000 00 C. Almy iu Burgess estate, 4,400 4,500 00 C. Torrey ' 7,000 7,500 6,000 00 J. W. Lefavour 15,000 18,300 20,000 00 W. D. Pickman 22,800 24,475 40,000 00 W. Sohier in Burgess estate, 7,500 8,000 00 $116,475 $114,350 00 So the valuations on the Beverly side are more than the purchase price, while on the Farms side they are very much less. Now, take the personal property at the Farms. No one claims that there is any error in any of it, that is, as to the amount. Mr. Loring says, " I don't think there is any over-assessment of personal property at the Farms." I think we may well say that there is no suggestion here that there is. Therefore they properly pay their personal property tax. Now, as to the real estate, let us go into this question of judgment, as involved in the question of sales. Mr. Loring said that the sales in Beverly Farms have been from 110,000 to |20,000 an acre. He said further that there were no valuations made by the assessors above |9,000 an acre in any case. He said further that there has been no sale of land at Beverly Farms at less than the assessed value. Now, we wUl drive a nail right into those statements, because they will hold people 193 down when they get a little wild and visionary, and apt to go outside of the facts in their statements. Mr. Franklin Haven, Jr., was brought here, and he testified that the Thayer land, including the marsh, seven acres, was sold for |10,000 an acre ; the Kidder estate, sixteen acres, for over $112,000; that the Whitman sale was for $15,000 an acre ; the Tyson sale, five and one-half acres, $55,000. Thayer paid, he said, $70,000 for his land, and buUt a very expensive house on it, and he would seU it at a loss of $30,000 on the whole. But when Mr. Haven was asked with regard to the assessment, and shown that the land was put in at $38,650, and the buUdings at $30,000, making a total of $68,650, he said that was not too much. Mr. Franklin Haven, Jr., also said, " I know of no sale below the assessed value." Now, let us linger a little whUe under the eaves of Cotting's barn. (Laughter.) Cotting's barn has been so historic a building that it has been worth more than $6,000 to the other side. A little mistake in a figure. In looking over the evidence of last year I found even brother WUHams left out a figure, and where it should have been $7,391, he put it down $391, and he had to come in the next day and ask to put in his thousands to correct it. Even he made a mistake. Mr. Williams. That was the printer. (Laughter.) Mr. Robinson. He says that was the printer. It is not kind, but it is quite natural, to lay it to somebody else. (Laughter.) Be that as it may, somebody made 194 a mistake about Cotting's barn, and the joke of it aU is, — there was a great deal of eloquence over it last year, and fim, which is always welcome, it is the spice of life, — the joke of it all is that in the printed evidence that was put before the committee it was stated and left in the book, before the argument was made, that Cotting's barn had been put down at $6,000 by mistake, instead of $600, and that before the argument was made, that tax had been abated. WeU, of course, I am glad it didn't reach the attention of the counsel on the other side, because we should have lost all that fun about Cotting's barn. But the people down there in Beverly Farms, the young men who go down, these enthusiastic attendants, will never forget every time they take a sleigh load along, or one man in a single sleigh, to show the coast, to say, " There is Cotting's barn." (Laughter.) He won't say any thing about the mistake. Of course I don't want them to cease talking about it, and I hope we shaU hear about it to-day, for I know there is now just as much occasion for it as last year. The wonderful fertility and inventive genius of my learned brother is beyond measure, and I expect that even that barn may be exalted and illuminated so it wUl be a bright feature upon the landscape, and the United States Government may save many thousand dollars on lighthouse account. But if the valuations are not too high, it is said they are disproportionate. Well, that is a fair criticism, be cause I said the tax must be in just proportion. Now, 196 let us see. If it is disproportionate it must be as com pared vrith the rest of the town. Nobody says it is dis proportionate as to Beverly Farms itself. You were taken around through Cabot and Rantoul Streets, and saw what was there, and you might think the land there is worth something, but you cannot make up your minds about it except upon the evidence. I assume you do not know any more about it of your own knowl edge than about the other towns and cities in the State. The testimony is that the valuation is not dispropor tionate. Mr. Haven and Mr. Loring are ready to guess about it, and give what they call the judgment of indi viduals, but as to sales they say nothing whatever. Now, what testimony have we introduced ? Take North Beverly, that is a part of the town which is remote. There you have four sales that have been testified about, as foUows : — Sale $2,200 assessed $1,950 1,000 " 1,000 600 " 600 3,700 " 4,300 $7,500 $7,850 Take Beverly Centre, ten sales, as foUows : — Sale .3,800 assessed $4,200 5,000 il 4,500 4,500 a 4,700 2,220 u 2,000 196 .ale 3,000 assessed 3,000 1,500 2,250 • 1,230 1,700 3,000 2,575 1,360 1,000 3,000 2,150 $28,610 $28,075 There were three other sales at Beverly Centre which brought $4,810, and the property was assessed for $4,700. There were four other sales at North Beverly, of house lots, small ones, amounting to $900, assessed at $800. There were six other sales at North Beverly, amount ing to $4,800, assessed at $5,075. Then there has been some testimony with regard to Rialside. Some sales have been made there of smaU lots for small homes. A farm has been cut up, a por tion of it been sold, the best part disposed of, and the marsh lots and the remote lots kept, so that the rest of it is worth but a little, as the owner said. A large sum of money has been spent in developing it, and it has been sold so that there has been a slight advance, and I am ready to give what the fact is, over and above what the assessment was for. There is no doubt about that. Now, not one word has been offered to contradict or explain these facts. Not one man has made any criti- 197 cism upon these facts and figures. They stand undis puted. The petitioners have had two years to look into this question. More than that, they have been assisted, as you must know, from the fact that Mr. Franklin Haven has taken an appeal in his immediate tax case, and his case has been conducted, I doubt not, by able gentlemen, and some of the other petitioners here have had the benefit of any suggestion or fact that might come from that investigation. So, taking it alto gether, it is remarkable that there has not been one single thing put in to contradict or explain these figures, or control the unavoidable conclusion from them. The witnesses here, you wUl judge of their intelli gence and fairness, testified that all sales that have been made within their knowledge, they have reported ; and they are situated, some as residents of North Beverly, another as an auctioneer and real estate agent, — all as people who are conversant in these matters, — so they would know. As to personal property in Beverly, that is, in the old town, Beverly Farms being all right, says Mr. Loring, let us see what is the matter with Beverly. Well, Mr. Loring's ignorance to him is bliss. It would be, indeed, folly to him to be wise, because there is comfort in not knowing any thing about a matter, provided a man can submit his guess. He started out one day with the whole sale declaration, that he thought he could name six persons who ought to be taxed for $4,000,000 more than they were. He was pressed, and he did not want 198 to tell. He said his other statements had got him into trouble, and I should think they would. I should think he would have a whole crop of troubles after him, if he keeps going on in this way ; and, perhaps, trouble " will be a corrective to him, and he wUl learn something by and by. He told, of course, what he knows about it, and he says : This is only a guess of mine, I don't know any thing about it ; I don't know any thing about their investments, I don't know what they are, but I judge these people ought to pay so much more. Well, if he is so well posted, perhaps he will get on the Board of Assess ors by and by and bring his information and intelUgence to bear. He proceeded to present some names. You would not have much confidence in the statement of a man who said he did not know any thing. But he would proceed to doom them, that is what he would do. So he proceeded to write the doom of these different people who live in Beverly. And he started out with $1,500,000 more on the Sears estate. And within two minutes, though he had come in possessed of all his in formation (he had his full judgment when he started), and within two minutes he dropped down to a very re spectable figm-e in his own judgment; he took off 25 per cent from the $1,500,000, right off, the fii-st opportunity. WeU, that did not strike you, in my judgment, very satis factorily. He could not teU any thing definite about any of the Sears famUy or theu- investments. Then he de clared Mr. A. N. Clai-k and family had $40,000 that they ought to be taxed for. Mr. Clark came up here, 199 and he said he wished he had ; he would be happy. I don't doubt him. And he said that he had a wife and daughter, and that one of them had about $100, and the other about $200 in the savings bank, and that is all they had. WeU, I sympathize with him. Possibly Mr. Loring can make it right with him, I don't know, but that is the only way it can be fixed up. Then he struck again upon David Sears. He said : " There is $500,000 to be put on David Sears." He asserted Mr. Sears was not taxed in Boston. Now, it comes right out here, on the unquestioned proof of the assessors' office in Boston, that David Sears has been taxed always here in Boston, taxed a poU and property tax, and is now taxed this year. Then off goes $500,000 of Mr. Loring's esti mate. Mr. E. L. Giddings he doomed at $25,000. But it appears that it is aU invested in his business in Boston, and taxed here. Dr. Charles Haddock and famUy were doomed for $30,000, and it appeared by the statement of the assessors that he had nothing, and they knew it. So I vrill not spend any more time about this matter, but you can take them all and look them up. Take the Sears inventory, and it will be said that it was made in 1874, and it may have increased since that time ; I say on the other hand it may not have in creased ; we don't know ; if it may have, the invest ments may have been put into something that is not taxed in the State of Massachusetts directly. He does not know of a single investment, and he cannot teU any thing about it. He said he could tell about the 200 Farms people. He said he could tell whether F. Gor don Dexter was taxed more than he ought to be or not, but he would not. He is a good witness, isn't he ? He ought to be kept for future emergencies. If there ever is a town petition of any kind, and any testimony is wanted on the question of valuation from a man who doesn't know any thing about it but who is vrilling to guess, send for Augustus P. Loring. (Applause.) An honest young man, I have no doubt; I would not say any thing against him personaUy, for the world ; I have not any belief against him, but he is carried off of his feet in this talk ; it is his only busi ness, I judge, to go around, working up an issue ; it stays with him, it sleeps vrith him, and he thinks of it, and dreams of it, and he walks with it until it wiU not down. That is all there is of that. He will know more in future years probably. The problem of taxation is not an easy one, and when it is applied to ourselves, it is not agreeable. I believe the State of Massachusetts appointed a tax commission some years ago, to see what could be done to make the methods of taxation sure, unerring and satisfactory to the people ; and I remember a friend of mine saying in regard to it, that the only principle that could be applied to that was that, " T'other feUer ought to be taxed." That is all there is to it. The scheme is all right, it is the application of it to which objection is made. We don't want the typhoid fever on our side of the street, we don't have fever and ague here, we are sorry for the 201 other fellow, but we would a little rather he should have it than we. "Taxation must be appHed, of course, rigorously, but pass my house." That is the way we talk about it. Somebody said, — not here in this room, but outside, — and somebody will say : " Well, there is no such value in that land ; nobody but fools will give any such money as that for it." That is a serious imputation, of course, for here you see men of good judgment have bought. Again it may be said : " If they should try to seU, nobody else would want to buy it." That is an unnecessary assumption. There are plenty of people who would buy it, plenty of people in Boston who are worth enough to buy it. The Back Bay is crowded with those who have their millions untold, whose wealth perhaps even the assessors do not know the depth of, and they are ready to buy that land, and put up their houses where they may enjoy health and comfort, peace and prosperity only a little fraction of the year. To take that property at the Farms and carry it away, and let it be taxed by itself, and let it lay its own tax by itself for its own use, I say is unfair and unjust. One-ninth of the population of the town wants to carry away one-half of the prop erty. The valuation per poll in Beverly would remain at $2,660, and the valuation per poll in Beverly Farms would stand at $25,466, or nine and one-half times as much. And is this Massachusetts, where it is proposed to do that? Let us see what the effect on taxation would be. 202 The figures are agreed to, upon the present system of valuation. Beverly Farms has now a valuation of $7,334,325 ; she receives in corporation and bank taxes, $16,958; she has 288 polls. It is agreed, on the statement of Mr. Loring, that she must raise annuaUy $70,000. To get this amount, less the corporation and bank taxes and poll taxes, the tax rate would be $7.15 per $1,000. Further, Beverly would have, after the proposed division, a valuation, as now established, of $6,952,775 ; she receives in corporation and bank taxes, $10,261, and she has 2,453 polls. It is agreed that she must raise $155,544.01. To get this amount, less the corporation and bank taxes and poll taxes, the tax-rate would be $20.19 on $1,000. The present rate is $12.80. The result would be, that Beverly would increase her tax-rate fifty-five per cent, and the Farms would decrease theu- tax-rate forty- four per cent. And this is Massachusetts yet ! State it in another way. Beverly's whole income for the year by tax on property and polls is $188,- 324.88, from corporation and bank taxes $27,219.13, making a total of $215,544.01. That is what, by her present method of administration, she needs and spends. If the Farms goes off, Beverly will save in the running expenses of the Farms, including half the state and county taxes, according to Mr. Loring, $30,000, and one-half the interest on debt and sinking-fund, $30,000, making $60,000; then she wUl need and must raise at the present time the balance, or $155,- 203 544.01 ; the income from corporation and bank taxes is $10,261, from polls $4,906, amounting to $15,167, and leaving to be levied on property, $140,377.01. With the valuation as stated, $6,952,775, the rate of taxation would be $20.19 on $1,000, the same as before, now tested in two ways. If the same principle is applied to the Farms, the tax rate would be $7.15 on $1,000. Now, aU the answer that is to be made to that, I take it, all that I can think of, is this : Put up your valuation in Beverly ; if the tax rate would be doubled, then double your valuation and you will have no trouble. The only difficulty about that is that while it is a plaus ible scheme, it does not rest on the facts. There is no fact here in this case that justifies the doubling of the valuation ; that is begging the whole question, that is to give up aU the facts in this case. It is not admitted, says my brother, and he wUl so argue, no doubt ; it is not admitted that that is the true valuation of Beverly. But, gentlemen, it is the proved valuation of Beverly, it is the testimony, and that is better than imagination or wUd assertion. Put all the sales in the town, in both viUages, right up here on the wall, let any man study them and contradict them if he can, as any one may do here to-day, and I ask you, in view of the fact that the proof stands wholly unquestioned, by what right can it b'e asserted that the valuation in Beverly Farms is not right, and that the valuation in Beverly is not right? Facts we want, and facts we have. 204 There is no dispute about them. If yon say the valua tion ought to be more in Beverly, on what evidence does it rest ? On none whatever ; only upon pure, unjusti fiable assumption. Let us see how this town would stand as to something else. What have they to do if they start out alone ? The Farms would take a hundred and fifty chUdren, Beverly would have fifteen hundred to educate. The Farms would have thirteen miles of road, and Beverly would have forty-seven niiles of roads to take care of. As to the poor : Beverly spends $7,000 a year to take care of the poor; the Farms, 1884, spent $25, that is, that is the amount reported to have been spent by the town in the Farms; in 1885, $14; in 1886, $90; in 1887, $183.50. That is the whole pauper expenditure. And the question was put whether some of these people who had been overtaxed, had not been receiving pauper aid, so that it had got up from $14 in 1885, to $183.50 in 1887. Well, I hope they will have aid if they need it ; but, so far as I can judge from the names, I do not think the taxes wiU be immediately increased on that account. Compare this showing with other towns. Here it is proposed to set up a town with a valuation of over $7,000,000, without any poor people. Let us see what the other towns are doing in the State. I take them at random. You can find the statistics in the Report of Polls, Property, and Taxes in the State, and in the Report of the Board of State Charities in regard to the support and maintenance of the poor. Other figures 205 just as good may be taken ; but these come at random from the reports. Peabody has a valuation of $7,186,900, and pays for paupers $7,312. Framingham has a valu- stion of $6,845,450, and pays for paupers $3,292. Chic opee has a valuation of $5,844,065, and she pays for paupers $12,286. The Httle town of Chester pays $441 for paupers, on a valuation of $513,138. The town of Stow pays $782 for paupers, on a valuation of $963,359. Plympton, down in the southern part of the State, pays $31 1 on a valuation of $291 ,258. Beverly Farms would be burdened with $183.50 on a valuation of $7,334,325. It was said long years ago, " The poor ye always have vrith you." I should add. Except at Beverly Farms. (Laughter.) Is that the kind of a town that ought to be created ? WiU that make it any easier for these other places to pay their burden of taxation ? Then the depression in business in Beverly. The evi dence on that point comes from a man who certainly knows aU about the shoe industry there. And you have it from Mr. Perry that from 1885 to 1887 the loss in the product has been 20,798 cases, or in valuation $1,039,900, and that the labor loss, being 30 per cent of the whole, was $311,970. And he says that there is no increase or development of the business, but a decrease, that any additional burden upon it would be serious and perhaps disastrous, and if it went on for ten years it would bring ruin to that industry, as has already come to the fishing industry of that town. It is said that strikes are the cause. Strikes have had something to do with it, but the burdens 206 of taxation will lead to a smaller share of profits and greater discontent ; at any rate, the just and sound argu ment is that it is not always safe to stretch the cord to the highest tension, and blame somebody else if he do an imprudent thing under an unbearable pressure. There are difficulties in this matter of social life and business ; we do not want to aggravate them, certainly. Then there is another very patent feature of ine quality and unfairness in this matter, and that is as to the territory between the precinct Hue and the proposed line. Now, gentlemen, if these petitioners actually wanted to get local self-government, as they wUl probably say, to lay their own tax and expend it in theu- own method, it is a little gratuitous for them to take in that territory there where there are no people living except a very few that belong in Beverly Farms. It is a little suigular that when Mr. Loring laid his pointer upon the map the first day, striking down from that point which he indi cated at the top, against the Wenham line, to Plum Cove, that on the left between the precinct line and the proposed line, was included an immense amount of property and a very few people. It is a Httle singular. Haven't they valuation enough? Do they want the earth? Well, let us see. Between the lines on the shore there are a very few permanent residents, eight voters, and these people are clustered right around there on the edge of the shore ; but what I am to say is that if you take them away from Beverly, their little chUdren, instead of going half a mUe as they do now to school, wiU have to 207 go two miles to Beveriy Farms. That is no convenience, is it ? Right in that space that I now speak of, the valuation is $2,041,575, paying a tax of $26,152.16; of which the summer resident and non-resident valuation is $1,963,075, and their tax $25,127.36. WiU you teU me any reason whatever, that Beverly Farms has for getting that piece away from Beverly ? What sort of justice is theVe in pretending that that ought to go? To iUustrate : They say the assessors have ratified their proposed line. Well, look at it. What is the proposi tion ? Let us see who are the people that live there, right there in that place. Non-resident people who own their real estate and pay their taxes on personal property elsewhere, where they live. Let us run them over. These are the people that Hve in Boston : Frank Bartlett, Sidney Bartlett, Martin Brimmer, Alexander Cochrane, George A. Goddard, John G. King, Charles G. Loring, F. W. Palfrey, Charles J. Pierson, Thomas E. Proctor, weU-known names, exceUent gentlemen, but they are non-residents ; their estates add largely to the valuation, but they have no interest in Beverly except in the real estate that stands there upon that gore of the dis trict. Now, I say there is not any reason in the world (and it characterizes this whole proposition), there is no reason in the world why anybody in a sense of fairness should undertake to draw a line that would put these people and their property, so that the Farms can lay their hand on it, and increase their valuation from $5,000,000 up to over $7,000,000, 208 taking non-resident property and carrying it off. WeU, on the same piece of land, there are Stephen G. Wheat land of Salem, Charles U. Cotting of Brookline, WU liam Powell Mason of Walpole, N.H., the heirs of John P. Gardner, and five ladies, who own property. And in all that district on the shore, there are petitioning Richard T. Parker, Arthur Dexter, William G. Salton stall and Arthur G. Silsbee, four voters', beside four others who are employees of summer residents, among all these people, owning land, and living there. Now, gentlemen, I don't know of any thing that illustrates the unfau-ness of the propositions involved in this matter, better than the statement of that fact. But, gentlemen, there is another question more im portant than all, and that is the question of policy for this State, and for the Legislature, which overlies and crowns all this ; and you may take all your schools and roads, paupers and valuations ; but it does make a large and perpetual difference, what policy the Legislature of Massachusetts shall adopt in regard to applications for club and class towns, a town of wealthy people near the water, and a town of poor laboring people just over an invisible line. How it woiild look on the map pictured that way ! What a resort it would be for those people who do not feel wiUing to pay any more than they are forced to in taxation ! Birds of passage would aUght there. You know there are other places right around here of the same kind. Swampscott is all ready to 209 break out whenever you wUl give the slightest indica tion that there is any success to be hoped for. Glou cester is another one. Marblehead another. Down here in the southern part of the State I know of another place that has not come here yet, but it is in a fine position, and has all the elements. On Jerusalem Road, in portions of Cohasset, Hingham, and Hull, there i^ a cluster of nice people, friends of mine, in a beautiful, harmonious community, owning summer prop erty worth mUHons of doUars, and some of them are thinking it would be a good place to have a town of this easy and restful kind. So it would, on this same principle. But I submit that the fathers wrote into the Constitution the declaration that " government is insti tuted for the common good, and not for the profit, honor, or private interest of any one man, family, or class of men." It may be called by some people demagoguism to talk about this, but I vrill dare to stand any charge of that kind. I say that every such policy as this, in its appHcation touches every town and city in tht? State; yes, and every individual, and strikes at the welfare of us aU. There is strength in our communities, I submit, Mr. Chairman, not in the people highest in wealth nor lowest in poverty, but in the great body of the middle classes of our people, those that own a little home, mortgaged, perhaps, to begin with, bearing their 210 burden, coUecting their savings, learnmg to be thrifty and economical, and becoming, by-and-by, more substantial and self-supporting. They never escape taxation. No tax-dodgers among them, no. This is not a party question, but it is politics in its highest estate. I have not any tkade against wealth. We all like it. It is pleasant. And I have abundant gratification of heart in the charities many of these rich men of Boston apply to relieve misfortune and distress. But I would not give anybody the temptation, Mr. Chairman, that there should be a town created into which he can go, and although he shall spend abun dantly in charity that blesses and is twice blessed, yet possibly he may be all the time saving it as taxes, secreting his estate so that somebody else in some other part of the State shall carry the burden by force, and is entitled to quite as much credit as he. Small towns indeed are to be applauded and encouraged. Yes. And we look back with pleasure to the little country towns where we were familiar with the place. But after all, gentlemen, those were not places any thing like this, those little country towns up in the hills where we were born ; they didn't have any such condition of things as here presented. There was not any such disparity of pecuniary resom-ces, such as now before us, a valuation of over $7,000,000, of which only $410,000 is held by people who really live there, who were born there, while the rest of it has been carried in and kept in that community. 211 When DeTocqueviUe came to this country and admired our institutions, he said that thc one thing that brought this whole matter forcibly to his mind and glorified the establishment of the fundamental principle of our government, was the equality of the conditions of our people. That was in 1831. And he wrote his book, which everybody has read, " The Democracy of the United States," and commended the condition of the people in our towns and cities. He did admire our town system, but he admired it and expressed his admiration upon that basis of equality. So long as we keep there, we shaU be safe. But no such things were dreamed of in 1831 as are now applied for. It will be a graceless task and useless to take your children by the hand and ask them to walk with you back into the inspiring realms of history of the Com monwealth, and point out the glorious days of the grand old fathers who conceived and preserved the State, it wUl be in vain for you to direct the Httle children and try to teach them in this loyalty and patriotism and devotion to principle, if we shaU write on our statute books, laws that falsify the history of the Common wealth. High-sounding resolutions may do well for public declaration, but legalized inequality of public burdens will not be commended by our people. Other town divisions have been made. Yes. Other towns have been divided. That has been the process from the begiuning, and undoubtedly when there is 212 proper cause it must stUl continue. Cambridge once had its Cambridge Farms which became the immortal Lexington. Springfield has sent out of her loins a cluster of towns like Holyoke, and Chicopee, and Aga wam, and Longmeadow, and even down into Connecticut. And now it is said by some people you must grant it, because they keep coming and coming and coming ; it is the better way to get them away from here. Are they so disagreeable that we want to turn them outdoors? No, I presume that is not it. Is it true that they always get it? No, they don't. It has been said that they always get it if they keep on asking for it. There is never but one storm that has not cleared off, and if they keep before you all the time, they never have been final ly refused. In 25 years I find that there have been 120 petitions for incorporation as separate towns ; 40 have been granted and 80 have been refused. Then, it is not true that they always get it. My friend here, the witness Odell, said something about that he was tired of fighting so long. I have no doubt that on both sides there are many people in this controversy who would be glad when it is over, as Mr. Loring said, settled one way or the other, and content and delighted, whichever way the judgment may be. If there is injustice done to these people, they in Essex County are close by and would see it and know it. And yet, you know very well that the fact is that Essex County is alive on this question, and vrith one voice is protesting against this movement. Why, 213 just listen to what the town of Danvers, just across the line, said last year in its resolution : — " Whereas, The town of Danvers believes that the division of towns is a matter of deep concern, not only where it is proposed, but to every town in the State, and to the State; therefore, be it by us, the citizens of Danvers in annual town-meeting assembled, " Eesolved, That we are strongly and decidedly op posed to the action of the Massachusetts Legislature in dividing the town of Beverly ; that we deem the pro posed division of the town a great public injustice, an unwise division of territory, an unjust division of property, and a grossly unequal imposition of the burden of taxation. That while the whole country is greatly agitated by the disturbed relations of labor and capital, we deem it no time for the State of Massachusetts to legislate in favor of the wealthy and leisure class, and against the farmers, manufacturers, and working people of the State." All I have to say, Mr. Chairman and gentlemen, is, this is not a question of local self-government. These people have it now. The issue is not that for which the fathers in 1775 and the years that came after fought, nor is it that for which the sons surrendered all they had from 1861 to 1865, and were sustained by this community ; but it is, in fact, a violation of the solid principles upon which this government is founded and from which we cannot depart, except with threat ening danger to our institutions. Shake the foundations. 214 attack those of the State and the RepubHc, and the re sult will come to you in disaster at a time you little imagine. It may be said you approach this question to decide it, and let other matters take care of them selves. That is not the part of prudence, nor of pa triotism. On the first line is ofttimes decided the contest. Many a general commanding his troops, knows that at the outposts was- the strong and decisive work accom plished. Your duty, gentlemen, as I apprehend it, is to establish a principle. You have it in your power to maintain the right. I shall trust in your judgment. I shall know, whatever it is, that it wUl be honest and true and pure; if it differs from mine, I make no quarrel or criticism upon you; if it shaU agree with mine I am sure that you will find Essex County and Massachusetts, from one boundary to the other, will ac cord you the praise of a proper execution of your duty. (Applause.) 3 9002 00574 1 I ,1 i' <.iti-' ,'?''*•' j'/" '¦ Jl'" i" 'J I ' "' , ^',/ t,' " ' I' i?-ii^' 'V'^^'Ui^h)' , ^.^.M"''^ \'a ?.. ¦?: ^:C'M 4 fc» %^ i;,''t<,'' ;ri ' I M 'i(^j,4 a- yj (* < VJMi 'I Ifl vi'f ?iu, h • ,< '-'i ' if. ,"!,' '„•, i'"' , • H' ... Wl' W! '1,4 '' >i,"Si I'l ^T'!,*^!)' ,llJ,l,!(,,lj,i