_ had complaints. 
righteously ? 
where the end of this litigation will be. 
This is not an ordinary case. The 
question is was this suit brought 
If not what are you go- 
ing to do about it?” (Applause. ) 
Mr. Underwood was next called. 
He started by reviewing the whole 
case from the time the road was lined 
out by Mr. Burnham as one of the 
road commissioners, the town buying 
the land from him, until the present 
time. ‘A few years after the layout 
of the road,” he said, “Mr. Burnham 
began to dig a gravel pit along the 
road. Itis about 15 feet deep and 
comes to within three feet of the road 
in some places. It is an obvious dan- 
ger totravelers. It is an abnormally 
dangerous place. The selectmen had 
The real important 
_ question was as to the construction 
of the fence. The town was liable for 
damages due to falling over the street 
into the ditch. The town by-laws said 
that Mr. Burnham should construct a 
fence, and these by-laws are for your 
officers to go by. The board went to 
Mr. Burnham in the summer to see 
what he woulddo. They asked him to 
put up a fence. He said ‘Not until 
I’m obliged to.’ Under those circum- 
stances the selectmen have a right to 
_ put this up to a disinterested tribunal. 
“They asked him about digging and 
he said that he proposed to dig as long 
as he could and was sorry he had sold 
the corner lot because he could get 
more for the gravel. Mr. Burnham 
has his right on his land, and the se- 
lectmen have their duty. If Mr. 
Burnham has the right to dig there, 
you ought to buy a sufficient strip of 
land to protect your street; if he 
can’t dig he ought to know it. No- 
body could decide it but a tribunal. 
“The selectmen in instituting this 
suit were only carrying out the by- 
laws. You have never repealed this 
_ by-law. To vote to discontinue that 
- Suit means to say to your board that 
you don’t mean to have your by-laws 
enforced ; you mustn’t carry out the 
by-laws unless you get an order from 
the town to do so.” 
W. C. Rust: Under what ground 
was the case thrown out of court?” 
NORTH SHORE BREEZE 
Mr. U.: “The court simply ordered 
the case dismissed without costs and 
denial of the prayer of law.” 
MireicUsta ul teseems stommentiie 
town should know what is what.”’ 
C. C. Dodge:- ‘‘ We were informed 
how much it has cost Mr. Burnham. I 
would like to know how much, approx- 
imately, it has cost the town up to 
date.” 
It was intimated in reply that the 
cost was between,_.$1,200 and $1,400. 
F. K. Hooper: ‘ We all know we 
have got beaten. Now what are the 
tindings of the court ? They dismissed 
the case. But it leaves any one with 
the right to dig and take away the 
support of a street in similar circum- 
stances to this. If the caseis dropped 
what will be the result? The matter 
is worth our careful consideration. It 
should be decided by the proper 
authority. It is singular to me that 
nothing of this kind has ever come up 
before. If we dismiss the suit noth- 
ing is gained. I don’t see how we 
can do anything other than have the 
matter determined.” 
Lewis Killam moved that 10 min- 
utes be allowed Mr. McNierny to reply 
to the argument of the counsel for the 
town. 
The lawyer spoke a few minutes em- 
phasizing what he had already said. 
Town Clerk Jewett read of a similar 
case, or at least the nearest he could 
find after much reading to one in 
hand. 
W.C. Rust: “On what ground was 
the case thrown out of court ?” 
Mr. McN.: “On the ground that 
the defence had not made a case.” 
Mr. Rust said he didn’t believe it 
would be a bad scheme to settle this 
case once and for all even if it did 
cost a few dollars. 
S. Knight : ‘Can we afford to com- 
promise a matter of this kind, or pro- 
ceed with it and find out whether the 
by-laws are effective or not?” 
C. O. Howe: “I would like to ask 
the selectmen if this thing couldn’t 
have been brought before the town at 
a special town meeting instead of 
Courts, 
Lewis Killam moved that the suit 
21 
against Mr. Burnham be discontinued. 
W.C. Rust offered an amendment 
by striking out all after “I move” and 
substituting that the town do not order 
the discontinuance of the suit, etc. 
(rx Howe seein hoperthe amend: 
ment will not prevail.” 
Thomas Baker thought if the case 
had been decided by the court that 
ought to be enough. He would like 
to have the question settled some 
other way. 
Lewis Killam hoped the amend- 
ment would not prevail. The last 
lawsuit, he said, cost the town $110,- 
000 to find out what the town owned 
and what it didn’t own, and he didn’t 
think it advisable for the town to 
spend $15,000 or $20,000 on this 
matter. 
Austin Morley spoke on the gravel 
pit and said he didn’t believe Mr. Burn- 
ham wanted to take the gravel from 
the lateral support. 
F. K. Hooper: ‘‘ If this case is dis- 
missed and the matter remains as it 
was, and Mr. Burnham feels he has 
the right to take away gravel, it leaves 
the town in a bad shape. Now the 
question is whether we wish to settle 
this matter or let the other fellow 
settle it, or wait tillit comes up again.” 
C. O. Howe repeated his former 
question whether it wouldn’t be better 
to have called a special town meeting. 
A. Morley moved that the town dis- 
miss the case and let some other larger 
town settle the matter. 
The moderator ruled his motion out 
of order. 
Dr. Tyler: ‘Suppose the gravel pit 
had been there before the street was 
put through, or that the hill sloped 
sharply, who would have to build the 
fencer 
Mr. Underwood: ‘ This by-law ap- 
plies not to the natural conditions but 
to unnatural conditions. In this case 
the road was laid out some 12 years ago, 
and the gravel pit was not started un- 
til some three or four years ago. 
C. ©. Dodge. “It seems to-me we 
are up against a pretty difficult ques- 
tion. If this whole country in the last 
three hundred years hasn’t run up 
against this question, it is not likely 
Now is the time for the Singing of Birds. 
No matter ; 
But the Birds are not here. 
THE OLD CORNER STORE 
is, and though the Birds are shy, we are ready with NEW GOODS. Just 
: 
what is needed for Spring and Summer use. 
Though there is an advance in 
price on some goods, in the main they are all right as to price and sure as to 
quality. 
DON’T FAIL TO COME IN 
GEO. F. ALLEN, -Mancuester, Mass. 
A Complete Line of 
SPRING and SUMMER 
SHOES 
Central Square, 
Manchester 
Chas, Hooper, 
