Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-07-04

government with reference 10 the construction
OF sewers, and the assessment OF the expense
thereof upon the estates benefited. These acts
have been under the authority of the statutes of
1867 and the acts in addition thereto, which
were passed specially for the purpose of provid-
lug system of sewerage for the city Of WOrces-
ter.
had already, by direction of your predeces-
sor, Mayor Blake, had occasion very thoroughly
and frequently 10 consider the general pr0Vis-
ions and purpose of these statutes.
Before the passage OF statute 1867 general pro-
VISIONS OF law were in existence authorizing
the construction of sewers in such cities
and towns of the commonwealth as should
choose to act upon them, and the assessing upon
persons benefited their due proportion of ths
cost OF each separate sewer or drain, and sim
liar power had been specially conferred on
this city by It's charter. Authority had also been
given TO the MAYOR and aldermen OF Worcester
to fix the boundaries of Mill brook and remove
distractions therefrom between Grove mills and
the factory buildings of Rice, Fox & Co., as the
public good might require.
But these powers were found wholly nsuffi-
cient for the peculiar circumstances of the city
OF Worcester. We were not possessed like Bos-
ton and many other places of an ample general
system OF sewerage, requiring only the construc
ton of new local drains from time to time as
new streets should be opened, not situated on
tide water and without considerable stream
into which our drainage could be conducted
We had TO provide for the demands of rapid
growth of our population, and for the necess-
ties OF drainage occasioned by the introduction
of water by the aqueduct. We had therefore,
not merely to provide for the extension OF drains
into new streets, but to create at once an entire
new system of sewerage, and to provide at once
the means of conducting away the sewerage Of
a whole city by some proper method Of dis
charge.
The statute of 1867 was procured passed and
4 a.
Brook might be taken as part of the
general system of sewerage; that the eX-
pense OF Strengthening it, changing its channel,
wallng aud covering it, and removing all Oh
structions in it, especially FOx'S dam, might be
included in the general expense of the sewerage
of the city, and that the existing need of a
general system of sewerage might be supplied
at once by one plan which should provide for
the present needs Of the city and such rs could
reasonably be anticipated in the immediate fu-
ture. The statute seems to me as express in
these particulars as words can make it. The
I'd section provides that "the city council
may fix the boundaries of Mill Brook" &C.,
" alter, change, widen and deepen the
channel and remove distractions therefrOm,
use and appropriate said brook, cover them,
pave and enclose them, SO far as they shall adj
judge necessary for the purpose of sewerage,
drainage and the public health" Section pro-
vides that "the city council may take land,
or alter or remove the same, as they shall ad-
Judge necessary for the purpose aforesaid" Sec
ton provides, not as was the previous law,
that each person benefited shall be assessed his
share OF any particular sewer or drain, but
leach person owning real estate" &C.,
Shall pay to said city such sum as the
mayor and aldermen shall assess upon
him, as has pf0pOHioadte share of the
expenditure of said city for drains an selUerS' .
From all this | understand that it was in the
power and was the duty Of the city council 10
provide such system of sewers as was needed
for the entire city, and as part of this system to
appropriate and enclose an / cover Mill Brook So
far MS necessary, and that it was then the duty
of the mayor and aldermen to asses on the per
sous denoted in the act who were to be benefited
thereb, their proportiOnate share of this whole
cost, except except so far as it might be thought
eXpedent to impose portion OF such cost on
the city itself.
OF course the construction of this system OF
drain is a work If time. The sewer must be levid
in different stl Gets successfully and the orders
Ofthe city council establishing the SEVERN differ
ent streets may properly he made at convenience
intervals. But when the general system of sew
erAge was SO far advanced as in the Judgment
of the mayor aud aldermen to make il proper
aud practicable it was their duty to proceed tC
assess upon the real estate owners liable to as
sessment i'll their propOrtiOnate share vi the eX
penditure Of the city for drains and sewers
This is the course which has been taken and il
all respects seems 10 me an exact conformity Il
law.
If the mayor and aldermen have in any par
ticular case erred in the amount they have as
sesSed on any person, or III the method they
pursued in determining such amount, or in i'll
Guiding such person in class with Others, hi,
remedy is easy and ample. He car
appeal TO q jury who will, under thu
direction of the court, assess his liz
bihty anew on proper principles. Such error doe.
not in my judgment, il any such has been made
render the whole assessment void, or justify IL
law any individual in refusal to make pay
ment. His only remedy is by an appeal to
jury.
The amounts assessed when collected, are t.
be applied TO reimburse the city. 1t was not, o.
course, expected that the contractors and work
men who built the sewers should wait for theiI
pay until the assessments were made and col
lected. The payment must be made from tn,
city treasury in the Hrst instance. The necessa
ry sum might properly be borrowed under the
authority given by the statute of 1867, sec. 8
or as understand it, without that authority
The fact that Il portion Of the money has been
SO borrowed does not seem to me TO affect the
right of the city to collect the sums assessed
am, therefore, OF the opinion that the assess
ment made on the fifteenth of April, 1872, was
properly made and created a valid lien on the
several estates assessed. Whether il was Just
TO nll the individuals assessed, or whether the
reasons which governed each member of the
board of mayor and aldermen in making it were
IN all cases sound, have no means of determin-
ing. Each individual affected had an ample
remedy for any injustice done him in the pro-
vision for hearing before jury.
am very respectfully yours,
GEO. f. HoAR
WORCESTER, July 8, 1872.