OF THE tf*fvr*<''-rv f»p It tmom REPORTS IN RELATION TO TIIE ANNEXATION OF DORCHESTER TO BOSTON, gittb % gut of % legislature to mute saib fofmt mtb Citg. BOSTON: ALFRED MUDGE & SON, CITY PRINTERS, 34 SCHOOL STREET. 1 8 6 9 . CITY OF BOSTON. os Executive Department, City Hall, Boston, March 1, 1869. To the City Council of the City of Boston : I have the honor herewith to transmit to you the very able and comprehensive report of the Commissioners appointed on the thirty-first of December, 1868, to consider and report to the City Council on the subject of annexing a portion or the whole of the territory of Dorchester to the City of Boston; and recom¬ mend it to your early and favorable consideration. NATH’L B. SHURTLEFF, Mayor. ( u CITY OF BOSTON. In Common Council, Dec. 10, 1868. Whereas, In the opinion of the City Council, it has become necessary, in order to complete the system of drainage and har¬ bor improvements, which have been devised for the benefit of Boston by the various commissions which have had, and now have these subjects in charge, to annex a portion or the whole of the town of Dorchester to the City of Boston. Ordered , That His Honor the Mayor be requested to appoint a Commission of three discreet and intelligent persons, who shall carefully examine the subject, in all its financial, industrial, and sanitary relations, cause such surveys to be made by the City Surveyor, or under his direction, as they may consider nec¬ essary, and report the result of their doings, with such sugges¬ tions as they may think proper, to the City Council, as soon as may be. A true copy of order passed by City Council, Dec. 22, 1868. Attest: S. F. McCLEARY, City Cleric. CITY OF BOSTON. d The Commissioners appointed by His Honor the Mayor in pursuance of the foregoing order, respectfully submit their REPORT. To the City Council of Boston: PRELIMINARY REMARKS. In 1867, during the Mayoralty of the Hon. Otis Norcross, the subject of the annexation of the town of Dorchester was brought to the notice of the City Government, and a Board of Commis¬ sioners appointed to confer with Commissioners on the part of that town. In that instance, the movement originated with citizens of Dorchester. In the present instance, it proceeds from the City Council. That Commission was unable to arrive at any dehnite conclusions with respect to the subject-matter submitted to them, except that, after expressing the opinion that it may become desirable, if not necessary, at some early day to annex a portion at least of the town of Dorchester, in order to complete the elaborate system of drainage and harbor improvement, which has been devised for the benefit of Boston, u they recommended a reference of the whole subject of this and future annexations of territory to the City, to a Commission to be created by the Legislature.” No action was taken by the City Council on this recommendation, and none by the General Court, and the net result is, the loss of a year’s time in the accomplishment of this desirable public improvement. 6 ANNEXATION OF DORCHESTER. Your Commissioners have carefully considered the subject intrusted to them. Assisted by an accurate map of Dorchester, made by the City Surveyor, showing its boundaries, water-shed, harbor and river lines and streets, they have personally exam¬ ined the territory. They have also held frequent conferences with an intelligent Committee, appointed by citizens of that town upon the bearings of this proposed annexation, upon the sepa¬ rate interests committed to their charge. The substance of these opinions, together with much statistical information upon the financial, industrial, and sanitary condition of the town, will be found embodied in this report. BAD EFFECTS OF PAST NEGLECT. It has been the misfortune of the City of Boston, hitherto, to be governed by necessity, rather than choice, in the improve¬ ments which the advancing tide of business and population has rendered essential to the comfort and convenience of its citizens. Its peninsular situation, and the conformation of its territory interposed, at the beginning, natural obstacles to the adoption of a uniform system of streets and squares, in which the ele¬ ment of space should have due consideration. Nor was there any effort made during its early history to surmount these obstacles. The old thoroughfares, which nature had in part provided, supplemented by narrow cross streets and lanes, were considered sufficient for the uses of those days, but they served to fix the boundaries of estates, and thus, unfortu¬ nately, entailed upon succeeding generations the difficult and costly labor of adapting them to the uses of an overflowing pop¬ ulation. A large part of this expense has fallen to our lot, un¬ der circumstances, in the financial condition of the country, that aggravate the difficulty, and greatly increase the cost of every new undertaking. We have before us, at the present time, in the widening of ANNEXATION OF DORCHESTER. 7 several of our public streets, a conspicuous illustration of the truth of this statement. The founders of the city were, in most things, sagacious and far-sighted men; but they seem to have been sadly deficient in the first duty of their time: the laying out of its streets and squares upon some regular plan, which would have simply required extension to meet the demands of increasing numbers. In this respect we may be thought wiser than our fathers, but there is danger that we may render ourselves liable to the charge of a similar short-sightedness. THE GREAT INCREASE OF POPULATION. The multiplication of our population by an increasing ratio is a mathematical certainty. We cannot close our eyes to the fact, nor can we avoid the immediate responsibility it imposes upon us, to make a wise and timely provision for its future wel¬ fare. Looking at the present population of the city—which may be roughly estimated at 240,000 — and adopting the ratio of increase between the years 1855 and 1865 as a basis of cal¬ culation, it is apparent that we shall have, at the end of the next decade, 1880, without accessions from suburban cities or towns, a population of rising 300,000; in 1890, on the same ratio, 360,000 and upwards; in 1900,450,000. Such a popu¬ lation cannot be compressed within the existing limits of the city. Some portions of it may find accommodation on the Back Bay, but a greater part will be obliged — if desirous of enjoying its privileges — to occupy South Boston or the High¬ lands. The Back Bay territory is limited, and will continue to be occupied, for a considerable time at least, by the more wealthy class of our citizens. South Boston, with its prospective extended area of filled land, it is generally conceded, is to become the seat of exten¬ sive manufacturing industries, as also of the freighting business 8 ANNEXATION OF DORCHESTER. for the railroads on the south side of the city, which is estimated to require at least one hundred and fifty acres of filled land. The Highlands are left, then, as the only territory on .that side of the city proper accessible to persons who prefer to remain within its limits, and yet wish to avail themselves of the better sanitary conditions of the suburbs. The importance of retain¬ ing the industrial classes of our community within the city limits cannot be over estimated. An industrious, intelligent me¬ chanic, who has a family, and is laboring to place his children in a better position than he has been able to attain, is a most valuable man in any community. To retain such men we must be able to give them land at moderate prices. They will al¬ ways remain in the city if they can live as cheaply and com¬ fortably as elsewhere, not only because the interests of their labor are here, but because of its better facilities of education, recreation, libraries, and other advantages which the metropolis affords. The money invested in building up compact villages in the near suburbs should be applied within the limits of the city, thus retaining the population and wealth now lost, and adding to its character, wealth, numbers and virtue. The amount of Boston capital invested in real estate in the cities of New York and Chicago, not to mention numerous other localities, is esti¬ mated to reach millions of dollars. This capital should be employed here, but will not be so long as Boston maintains its present contracted limits. It is apparent to the most casual observer that there is not sufficient room for the middling and laboring classes, and if the present state of things should be permitted to continue, the city will ultimately be left to the care of the very rich and the very poor. The wants of business in the city proper continually encroach upon the habitations of the people. The removal of Fort Hill for business purposes, and the still more recent demand for eight acres of land north of Causeway Street, for the accom¬ modation of the business of the Eastern and Lowell Railroads, ANNEXATION OF DORCHESTER. 9 thus depriving seven hundred and nineteen families and a popu¬ lation of four thousand people of their homes, are remarkable illustrations of the truth of this proposition. This population may not itself seek homes beyond the present limits of the city, but it displaces, of necessity, another class of inhabitants which the city cannot alford to lose, and which will accommodate itself in the adjacent towns. The growth of these suburban towns is mainly due to the overflow of the population of Bos¬ ton, and what they gain in the advantages which the country affords, we lose in the substantial character of our citizens. The annexation of Roxbury, though unwisely delayed, was a most important step in the right direction. It is then evident, on these general views, that timely provision should be made for the acquisition of territory of large capacity, bordering closely upon the city, in the direction of the movement of population, best adapted to our existing system of water distribution, drain¬ age, etc., a territory which we shall have the power to shape at small expense, for the healthful occupation of our increasing population. THE TERRITORY PROPOSED TO BE ANNEXED. Dorchester seems to your Commissioners to present these im¬ portant requisites. It has a large area of high land, well adapted for residences, and its situation is such that it can be easily and cheaply drained. Its north and west boundaries, following those of the city, intersect neighborhoods that have lived in common for generations. Indeed, so undefined and obscure are these limits, that a non-resident would find it difficult to tell where the territory of Dorchester begins, or that of the city ends. These lines cut many streets at right angles, thus rendering impossible— in the existing state of things — any general and comprehensive system of street and sewerage im¬ provements. It has a navigable harbor and river line on the 10 ANNEXATION OF DORCHESTER. east of about three miles in extent, and a continuous river line above, navigable to Lower Mills, and reaching to within a short distance of its southern limit, with valuable deep water at Com¬ mercial Point and Port Norfolk, affording sites for wharves, factories, ship-yards, etc., unsurpassed by any in the vicinity of Boston. Vessels drawing from eighteen to twenty feet can come up to Commercial Point, and sixteen feet at high water, to Port Norfolk. The Old Colony and Newport Railroad, with three passenger stations in the town, runs within a quarter of a mile of the shore, crossing the river at Port Norfolk, from whence the Dorchester and Milton Branch Railroad runs near the river to Mattapan. The Hartford and Erie Railroad passes through the entire territory, with five passenger stations therein, while the Metropolitan Railroad intersects the town with three distinct lines of tracts. The distance from the farthest station in the town to State Street, is accomplished in twenty minutes. The navigation of the river is closed for only about two months in the year by ice. There are various important industries in different parts of the town, that give employment to large numbers of its popula¬ tion, and they are represented to be in a prosperous condition. Nearly one half of the population, it has been estimated, do busi¬ ness in the city. Its streets are in good order, and the same may be said of its public buildings and other property; and the health of the town is as good, if not superior to that of any other in the neighborhood of Boston. The following statistics exhibit the number of its population, dwelling-houses, legal voters and other details, as also its financial condition. ANNEXATION OP DORCHESTER. 11 STATISTICS OP THE TOWN. Inhabitants, estimated ..... Dwelling-houses, May 1,1868 Ratable polls ..... Legal voters ...... Churches ....... School-houses, of the larger class, . “ 11 of the small u One s!eam fire engine, and several hand engines. Scholars ....... Acres of land ...... Valuation for 1868, Real estate ....... Personal ....... 12,000 1,830 2,918 2,100 13 T 3 2,000 4,532j $9,291,200 00 6,035,100 00 FINANCIAL CONDITION. Town debt ....... $147,700 Cash on hand Feb. 1, 1869, and due from State and for taxes ...... 111,092 41 Actual debt ....... $36,607 59 Valuation of town property .... 237,182 26 COMPARATIVE STATISTICS. The following statistics are presented for the purpose of showing the comparative areas of Boston, Roxbury and Dorches¬ ter, the aggregate area of the three places being 9,902 acres, and the density of population to the square acre and square mile of Boston proper, as compared with other large cities. 12 ANNEXATION OF DORCHESTER. The original area of upland in Boston was The area added, and in progress by filling flats, is . The area of South Boston is . The area of East Boston is . . 690 acres. 880 “ 900 “ 800 “ Making a total of The area of Roxbury is . 3,270 acres. 2,100 “ The united areas of Boston and Roxbury are 5,370 acres. The area of the City of New York is 14,502 acres. “ u Philadelphia is 82,560 “ u 11 London is 74,070 Commissioners. GEO. A. SHAW, ) Boston, March 1, 1869. COMMONWEALTH OF MASSACHUSETTS. Harbor Commissioners’ Office, City Hall, Boston, Feb. 25, 1869. Hon. Charles R. Train, Chairman Commissioners on the annex¬ ation of Dorchester to Boston. Sir, — The Board of Harbor Commissioners have the honor to make the following report upon the request of the Commis¬ sioners appointed by the Mayor of Boston to consider the subject of the annexation of a portion or the whole of the town of Dor¬ chester to the City of Boston. Upon the general question of the expediency of enlarging the water front of the city, it would not be proper for this Board to express any opinion, as they have jurisdiction equally over the water fronts of Boston and Dorchester, and can take as efficient measures for the protection of navigation and the preservation of the Harbor, whether the corporation limits are diminished or enlarged. In regard to the matter of drainage, the Commissioners, desir¬ ous of furnishing such information as they could command, di¬ rected their Engineer to examine into the subject of deflecting the drainage of Stony Brook from Charles River to Dorchester Bay. The results of his examinations have been communicated to the Board as follows: The topography of the country of which Stony Brook is the natural drain, does not admit of other relief for its water-shed, except at points near the mouth of said brook, at its confluence with Muddy River. 20 ANNEXATION OF DORCHESTER. Between this general locality and the shores of Dorchester Bay, the ground is low and level, and a drain or sewer carrying even a part of the flowage of Stony Brook at times of freshet, would have to be of large capacity, and through expensive ground to occupy for this purpose. The distance from the nearest point of Stony Brook, favor¬ able for deflecting drainage, to the present nearest shore of Dorchester Bay, is about two miles, 10,500 feet. The distance from the same point to Charles River, is about one and a quarter miles, 6,500 feet. The route most favorable and practical for a drain or sewer, turning Stony Brook into Dorchester Bay, passes just tangent to the township line of Dorchester and is already within the limits of the City of Boston, near the head waters of South Bay, and would not, therefore, involve questions of municipal in¬ terest. The physical bearing of the drainage from Stony Brook is a questionable one. As a tributary to Charles River it is of value. Its volume, during a recent freshet, was 400 cubic feet per second. The deposits from it, as a sewer, would be injurious; but its influences in comparison with the water volume of Charles River, or with its mud deposits, are of small proportions. Respectfully submitted, JOSIAH QUINCY, Chairman Board of Harbor Commissioners . COMMONWEALTH OF MASSACHUSETTS. In Senate, May 6, 1869. The Joint Committee on Towns, to whom was referred the peti¬ tions of the Mayor of Boston, and of Edmund P. Tileston, Marshall P. Wilder and others, of the town of Dorchester, praying that the town of Dorchester may be annexed to the City of Boston, have duly considered the same, and submit the following REPORT. The census of 1865 fixed the centre of the population of the State at a point less than two miles from the State House. The increase since that period eastward of the point then indicated has, without doubt, removed that centre very near to, if not within the limits of the metropolis. It is safe, therefore, to assume that the City of Boston has become the centre of the pop¬ ulation, as it has long been the centre of the business and capital of the Commonwealth. In considering the question of the en¬ largement of its territorial area, this fact should be borne in mind; for whatever legislation may be found desirable or neces¬ sary for the prosperity and security of the City of Boston, is legislation for all the people and every interest of the State. The concentration of population in Boston and its suburbs has been going on for a period of years. The present population of the city is estimated to be 240,000, and it is believed that it will reach, in 1880, to near 300,000. It appears, from the tes¬ timony submitted to your Committee, that there is not sufficient 22 ANNEXATION OF DORCHESTER. room for the healthy action of the numbers which now occupy its territory, and that the increase of these numbers anticipated during the next decade, must be seasonably provided for by the annexation of some territory contiguous to the city, of sufficient area and elevation to furnish healthful sites for dwellings and open spaces for ventilation. The present restricted limits of the city are illustrated by a comparison with those of other cities. The entire territorial area of Boston is 5,370 acres, upon which there are forty-five persons to the square acre. With a population of 300,000 there would be fifty-four per¬ sons to the square acre, while the population of New York is fifty-six, that of London forty, and of Philadelphia, but seven to the square acre. Boston has but eight and one-third square miles of territory, while New York has twenty-two, and Philadelphia one hundred twenty-nine and one half. Boston has a population of 29,000 to the square mile, while London has but 24,768, and Philadelphia 4 ; 403. These figures exhibit both the density of its population and the limited area to which it is confined, in comparison with other cities, these two conditions being, in the case of Boston, in excess of those of the two great commercial capitals, London and New York. The increase of population in the city proper, exclusive of East Boston and South Boston, has nearly, if not quite, reached its culminating point. There may and probably will be some partial increase of resident population in these two localities be¬ fore they are finally absorbed by the demands of business. The future growth of the city, by natural increase and accessions from abroad, if retained within its present limits, will be neces¬ sitated to seek accommodation mainly on the unoccupied lands of the Highland District. These lands are filling up rapidly, and will be found inadequate to the demands made upon them. The day is not far distant when, if the present limits of Boston are maintained, its resident population will decrease, and its ANNEXATION OF DORCHESTER. 23 central parts become simply a congeries of warehouses. This tendency has been apparent for some time, but is now particu¬ larly conspicuous. The increase of the population of the city from 1855 to 1865, was 19-^- per cent. The increase in the valuation of real and personal estate during the same period was a fraction over 53 per cent, indicating a large increase of successful business without a corresponding increase of popula¬ tion, the densely peopled limits of the city forcing its most active business men to find their homes in the adjoining towns. The operation of these causes is also illustrated by the acceler¬ ated growth of the suburbs, which have become the dormitories of the merchants of Boston. Nine cities and towns immediately surrounding the city had, in 1855, an aggregate population of 100,256 jin 1865, 139,558; an increase of 39,302. This increase was made up largely from the overflow of the population of the city, and this overflow has been going on with increasing magnitude since 1865. The testimony taken by your Committee in the hearing of these petitioners, fully sustains this conclusion. Mr. Thomas Hills, Chairman of the Board of Asses¬ sors of the City of Boston, testified as follows : “Fort Hill covers four acres of land. The improvements thereon remove 185 dwelling-houses. The population is chiefly foreign, and averages 10 to 15 persons to a house. This is an under¬ estimate. After the change, the property will be too valuable for use for other than business purposes. More than 3,000 people will be deprived of homes. Assessed the Church Street dis¬ trict in 1867. The area is 26 acres, the same size as the Pub¬ lic Carden. Many of the houses were not fit to raise, and had to come down. There were on the territory 453 dwellings, 867 families and 3,528 persons. This population was more than three-quarters American, of the middling class, mechanics, clerks and men of small means, paying $200 to $300 rents. This property, while under grade, was cheap. The effect of the im- 24 ANNEXATION OF DORCHESTER. provement is to make it too valuable for the residences of this class of people. They must vacate, and have already begun to do so. It is the exact centre of the city, within two to ten min¬ utes’ walk of the Common. The population of Boston is being steadily crowded out from the old hard land, and goes south. Business would drive the population away from Beacon Hill if it were not for the hill. There are very few vacant buildings in Boston. Buildings once converted into stores will not be re-converted into dwellings.” Mr. C. A. Connor, an assistant assessor, resident in South Boston, testified as follows : "There are 27 brick and 70 wooden houses going up in South Boston. In 1863, assessed marsh land at eight cents per foot. It has been sold within a year at a shilling a foot. The upland in Washington Village, assessed by me at ten, and twelve and a half cents, cannot be bought now for twenty-five cents a foot. The land between the line and the Norfolk House has risen from twenty to forty per cent. The number of houses built in South Boston has averaged 100 per year for the last ten years. Property in South Boston has doubled since 1863. The de¬ mand is for small houses. The growth is a steady and not a speculative one.” In addition to these facts is the recent demand for 8 acres of land north of Causeway Street, for the accommodation of the Lowell and Eastern Railroads, which, if granted, will deprive 719 families and from 3,000 to 4,000 people of their homes. The material fact deducible from the foregoing statements is, that Boston is constantly losing the most valuable portion of its citizens, who, notwithstanding that their business and property are embraced within its limits, becoming, of necessity, non-resi¬ dent, cease to exercise any control over its affairs, and to feel any personal responsibility for their proper administration, ANNEXATION OF DORCHESTER. 25 leaving this duty in the hands of a class least fitted for its dis¬ charge. To remedy this state of things, there must be expan¬ sion, by the acquisition of suitable territory, for the present wants and future growth of the city, and this expansion should take place on the line of the movement of population. It is conceded that that movement is southward. We shall thus retain the population now being driven out, recall a valuable class of citi¬ zens, living upon the territory to be acquired, to their just re¬ sponsibility for the welfare of the city with which all their inter¬ ests are identified, and open a field for improvements in avenues and squares, commensurate with the demands of our advanced civilization, for the healthful, moral and physical growth of a great city. The City of Boston asks for the territory of Dorchester. The Mayor and a Committee of the City Council have appeared to urge this request. At the same time, between eight and nine hundred citizens of Dorchester, a large portion of whom have their business in the city, have petitioned for the same object. The petition of Dorchester was urged by an intelligent com¬ mittee of eighteen gentlemen, appointed by the town at a meet¬ ing legally called. Repeated and patient hearings have been given to both parties of petitioners, as also to the County Com¬ missioners of Norfolk, who appeared in opposition; there being no formal appearance, by remonstrance, from the town of Dor¬ chester. The territory asked to be annexed contains 4,532 acres, which, added to the area of Boston, would give 9,902 acres. It has a population of about 12,000. Its valuation for 1868 was $9,291,200 for real, and $6,035,100 for personal estate. Its net town debt, as determined February 1, 1869, was $36,607.59, and the value of town property $237,182.26. It has a harbor and river line, with valuable water frontage, of from four to five miles, and is intersected by two steam rail- 26 ANNEXATION OF DORCHESTER. roads and three tracks of horse railroad; which furnish abundant accommodation. The whole territory, with little exception, is well adapted for residences, and can be easily and cheaply drained. Its streets are represented to be in fair condition. Some of the reasons urged by the petitioners on the part of the town of Dorchester were; that its population has become too large for a town organization, and they do not desire a sep¬ arate city organization ; that fully one-third, if not more, of its citizens do business in the city, a large number of whom are taxed in both places, and they prefer to be taxed iu one place; that living close upon the borders of the city, they are denied the benefit of its institutions; that the value of real estate would be enhanced by annexation, and a system of improvements in¬ augurated which would add greatly to their convenience and comfort; that a common system of streets and drains will soon become necessary, and that, believing annexation to be simply a question of time, any further delay in the adoption of such a system will be injurious to the best interests of both the City of Boston and the town of Dorchester. It was objected by the Commissioners of the county of Norfolk that the loss of Dor¬ chester would operate unfavorably upon the interests of the county, by the withdrawal of so large a portion of its territory, population and taxable estates, as to increase the burdens of the remaining towns, but it was shown by the petitioners that there existed no real grounds for such an apprehension. In the ten years between 1855 and 1865 Norfolk County was the third in rank of increase, Suffolk being first, and Middlesex second. In 1865j,he county had a population of 116,306. The loss of Roxbury reduced this number to 87,880, leaving it— allowing for increase subsequent to 1865 —the fifth in rank as to population among the counties of the State. The loss of Dorchester, population of 1865, 10,717, would leave 77,163 as the population of the twenty-one towns remain- ANNEXATION OP DORCHESTER. 27 mg to the county after the annexation of Dorchester to Boston, and place it the sixth in rank as to population. But to this 77,163 should be added the large increase since 1865, together with that number of the inhabitants of Dorchester set off to Hyde Park in 1868, which town, made up of more than a * quarter part of the territory of Dorchester, preserves the full complement of twenty-two towns now comprised in the county, and will, hereafter, if its present rapid growth receives no check, replace the population and wealth hitherto represented by the town of Dorchester. The county had, in 1867, a valuation of $104,792,620. The loss of Roxbury reduced this valuation to $78,240,900. The valuation of the county in 1868, without Roxbury, was $82,032,- 850, showing a gain in a single year of $3,791,950. The loss of Dorchester would reduce this amount to $66,706,550, thus leaving the county with its present number of twenty-two towns, made good by the addition of Hyde Park, the sixth in rank as to valuation. The county can suffer no injury by the loss of Dorchester. She will have her full number of towns left, together with abundant wealth and population to enable her to maintain her rank, and, moreover, her financial condition is as good, if not better, than that of any other county in the state. The county is entirely free from debt , and its public buildings are stated to be worth $300,000; $75,000 having been expended upon them during the last fifteen years, of which Dorchester has contrib¬ uted her full share. With so satisfactory an exhibit of the condition of Norfolk County there would seem to be no reasonable ground for ob¬ jection, on its part, to the granting of the prayer of these peti¬ tioners. The fact that no organized opposition to this measure exists within the town itself, or if existing, appeared before your Committee, is a gratifying proof that a greater degree of una- 28 ANNEXATION OF DORCHESTER. nimity prevails among its citizens than is usually found upon questions of this nature. But there are higher considerations, affecting the interests of the Commonwealth, involved in the decision of this question. The growing influence of the metropolis in state affairs, arising from the aggregation of wealth and population within and upon its borders — a wealth in which every citizen living in the most remote corner of the Commonwealth is interested, and a popula¬ tion that will hereafter possess a larger share of political power than it now wields — should engage the attention of the legisla¬ ture. How this influence may be made to subserve in the high¬ est degree the interests of the whole Commonwealth is an impor¬ tant inquiry. Whatever will add to the stability of its institu¬ tions, to the moral and intellectual culture of its people, to the stock of private and public virtue in the community, and to its commercial character and prosperity, as the metropolis of Massachusetts and of New England, should be welcomed as invaluable contributions to the general good of the whole Com¬ monwealth. Can any or all of these objects be attained by nar¬ rowing the limits of its territory ? Must we not look rather to the enlargement of its boundaries, to the granting of freer scope for the exercise of the enterprise of its citizens, and the opening of wider spaces for the movements of business and population ? There appears to be nothing in the relative conditions of the City of Boston and the town of Dorchester, to militate against the union which they both desire. The former puts in its plea on the ground of necessity, and the latter on the ground of the benefits which she hopes to de¬ rive from the union. This necessity and these benefits have been established by the petitioners. The annexation of Roxbury was persistently opposed for a series of years upon the same grounds now urged against the annexation of Dorchester, but the experience of a single year has demonstrated the wisdom of the measure, and the people, ANNEXATION OP DORCHESTER. 29 not only of Boston and Roxbury, but of the Commonwealth, agree in the opinion that the only mistake was in delaying that measure so long. The interests of the two municipalities and public policy re¬ quire that they should be united, and your Committee there¬ fore report the following Bill. GEO. EL SWEETSER, Chairman of Committee on the part of the Senate. T. G. KENT, Chairman on the part of the House. JACOB BATES, T. H. GOODSPEED, Of the House. MINORITY REPORT. The undersigned, members of the Joint Standing Committee on Towns, to which were referred the several petitions for the annexation of the whole of the town of Dorchester to the City of Boston, submit the following minority Report: On the 10th day of December, 1868, the following order was introduced into and passed by the Common Council of Boston: City of Boston, In Common Council, Dec. 10, 1868. Whereas, In the opinion of the City Council, it has become necessary, in order to complete the system of drainage and har¬ bor improvements which have been devised for the benefit of Boston by the various commissions which have had, and now have, these subjects in charge, to annex a portion or the whole of the town of Dorchester to the City of Boston. Ordered, That His Honor the Mayor be requested to appoint a commission of three discreet and intelligent persons, who shall carefully examine the subject in all its financial, industrial and sanitary relations, cause such surveys to be made by the City Surveyor, or under his direction, as they may consider necessary, and report the result of their doings, with such suggestions as they may think proper, to the City Council as soon as may be. A true copy of order passed by City Council, Dec. 22,1868. Attest: S. F. Me Cleary, City Cleric. ANNEXATION OP DORCHESTER. r 31 In compliance with that order the Mayor of Boston appoin¬ ted three Commissioners, who made their report March 1, 1869. Annexed to their report is the following communication from Josiah Quincy, Chairman of the Board of Harbor Com¬ missioners. COMMONWEALTH OF MASSACHUSETTS. Harbor^Commissioner’s Office, City Hall, Boston, Feb. 25, 1869. Hon. Charles R. Train, Chairman Commissioners on the annexa¬ tion of Dorchester to Boston. Sir, —The Board of Harbor Commissioners have the honor to make the following Report upon the request of the Commis¬ sioners appointed by the Mayor of Boston to consider the sub¬ ject of the annexation of a portion or the whole of the town of Dorchester to the City of Boston. Upon the general question of the expediency of enlarging the water front of the city, it would not be proper for this Board to express any opinion, as they have jurisdiction equally over the water fronts of Boston and Dorchester, and can take as efficient measures for the protection of navigation and the preservation of the harbor whether the corporation limits are diminished or enlarged. In regard to the matter of drainage, the Commissioners, desirous of furnishing such information as they could command, directed their engineer to examine into the subject of deflecting the drainage of Stony Brook from Charles River to Dorchester Bay. The results of his examinations have been communi¬ cated to the Board, as follows: The topography of the country of which Stony Brook is the natural drain, does not admit of other relief for its water-shed, except at points near the mouth of said brook at its confluence with Muddy River. 32 ANNEXATION OF DORCHESTER. Between this general locality and the shores of Dorchester Bay, the ground is low and level, and a drain or sewer carrying even a part of the flowage of Stony Brook, at times of freshet, would have to be of large ’capacity, and through expensive ground to occupy for this purpose. The distance from the nearest point of Stony Brook, favora¬ ble for deflecting drainage, to the present nearest shore of Dor¬ chester Bay, is about two miles, 10,500 feet. The distance from the same point to Charles River, is about one and a quarter miles, 6,500 feet. The route most favorable and practical for a drain or sewer, turning Stony Brook into Dorchester Bay, passes just tangent to the township line of Dorchester, and is already within the limits of the City of Boston, near the head waters of South Bay, and would not, therefore, involve questions of municipal interest. The physical bearing of the drainage from Stony Brook is a questionable one. As a tributary to Charles River, it is of value. Its volume, during a recent freshet, was 400 cubic feet per second. The deposits from it, as a sewer, would be injurious, but its influences in comparison with the water volume of Charles River, or with its mud deposits, are of small proportions. Respectfully submitted, JOSIAH QUINCY, Chairman Board of Harbor Commissioners . It will be seen by a comparison of these two documents that the reasons for annexation set forth in the order, are fully met and denied by the Report of the Harbor Commissioners. As no evidence was offered before your Committee tending to show that any portion of the territory of the town of Dorchester is needed to complete any system of drainage or harbor improve¬ ments, devised for the benefit of Boston, we are led to conclude that no such necessity exists. In fact, the reasons for annexa- ANNEXATION OF DORCHESTER. 33 lion set forth in the order were wholly abandoned at the hear¬ ing before the Committee. What the City of Boston mainly relied upon in favor of this > measure, was the necessity for more land within the city limits. Two reasons were adduced to show this necessity. First: that the city is being abandoned by the middle classes on ac¬ count of the scarcity and high price of land, thereby throwing the control of the city into the hands of the very rich and the very poor, the preponderance of power being with the latter; and, second: that the commercial prosperity and importance of Boston would be enhanced by the increase of its population and area. We are of opinion that neither reason is valid or sustained by the evidence. The report of the Chairman of the Cochituate Water Board, of Feb. 18, 1867, shows the territory of Boston to be as fol¬ lows, exclusive of streets and squares: In Boston proper, of land improved, 630 acres ; unimproved, 340 acres. * East Boston, u u 170 acres ; u 1,033 acres. South Boston, u u 285 acres ; u 990 acres. Roxbury, u u 684 acres ; « 1,800 acres. Total, u u 1,769 acres ; ii 4,163 acres. Breed’s Island, of 720 acres, is not included in this estimate. The author of the Report, Mr. John H. Thorndike, adds the following remarks: “ When the whole territory within the present limits of Bos¬ ton is peopled as densely as the portions now built upon, our population will amount to near 600,000. “The present population of Roxbury is said to be about 30,000 and the rate of increase for the ten years from 1855 to 1865 was nearly 54 per cent; and upon the same basis that Boston can accommodate 600,000, Roxbury can accommodate 400,000. “ Inasmuch, therefore, as the present territory of Boston can accommodate 1,000,000 people, where only 240,000 now live, 3 34 ANNEXATION OF DORCHESTER. there is certainly still room for her population of all classes within the city limits.” This statement was not denied, hut it was urged, in reply, that a large portion of this unimproved land consists of flats, unsuit¬ able for dwelling-houses. By examining the same report, how¬ ever, it will be found that quite two-thirds of the unoccupied land in Boston is upland, and well adapted for dwelling-houses; and were it not so, a glance at the Back Bay shows that made land is not considered wholly unfit for habitation. It was also shown, in the course of the hearing, that the city itself is the owner of a large tract of territory in South Boston, most desir¬ able for dwelling-houses, which she so hampers with restrictions as to keep it from the reach of the mechanic and middling classes. Nor do we think it a fact that the middling classes are leav¬ ing the city more than the rich or the poor. By the report of the auditor of the City of Boston, April 30, 1868, page 202, it appears there were, May 1, 1867, in the City of Boston, before the annexation of Roxbury, 19,516 dwelling-houses, including hotels, of which 16,703 were of a less value than $10,000 each, which was assumed by the counsel who appeared for the city to be the maximum sum which a man of the middling classes might reasonably invest in a dwelling. Of these 14,867 were of a less value each than $7,000, and 9,093 of less value than $4,000 each. The whole number of dwelling-houses, including hotels, in the city, of a greater value each than $10,000, was 4,649. The influence of the foreign population of Boston is some¬ times urged as a reason for annexation. But reference to the census of 1865 shows that the annexation of Dorchester would reduce the ratio of foreign population to 33 T 6 S 5 ^- per cent, in¬ stead of 34^ 0 5 ^ per cent, as it is now, a reduction too trifling to be considered; and the percentage of foreign population in Dorchester seems to us likely to increase quite as rapidly as in Boston itself. ANNEXATION OF DORCHESTER. 35 Nor do we think the density of the population of the present wards of Boston would be rarified by the annexation of Dor¬ chester. People live there to be near their business, their friends, their amusements (and the middling classes from nec¬ essity must), and they will continue to do so even if the whole state were annexed, as one witness conceived might some time be proper. We are unable to perceive how the commercial prosperity of Boston will be enhanced by annexation or the mere increase of population or territory, since by the evidence both of the peti¬ tioners and remonstrants it clearly appeared that the facilities for commerce in Boston are now greatly in advance of its re¬ quirements. Neither the commerce nor commercial position of Boston will be improved till she offers a better and cheaper market to the buyer than other cities, or until she furnishes cheaper transportation to and from Europe and the West than through other ports, and we cannot conceive how annexation will contribute these results. Nor do we think it was shown that annexation would benefit Dorchester. Her town affairs appear to be well managed. Her roads are in good condition. Her schools are among the best in the Commonwealth, and we failed to see that there is any¬ thing in her local affairs which cannot be as well provided for by the town as by Boston, and with as great economy. The debt of Dorchester would be largely increased by annex¬ ation. Her present debt is $36,607. Her proportion of the aggregate debt of Boston and Dorchester would be $417,453. The interest on her present debt is about $2,928. Her propor¬ tion of the aggregate interest would be $41,444. These esti¬ mates were admitted by the counsel for the petitioners to be substantially correct. It was claimed that annexation would increase the price of lands in Dorchester, and most of the testimony on the part of the petitioners from Dorchester came from persons having large landed interests there. If this be so, a small part of the com- 36 ANNEXATION OF DORCHESTER. munity would be benefited at the expense of all the rest. More¬ over, any rise there, if hastened by legislation, must be at the expense of some other portion of the Commonwealth, and cer¬ tainly should not be encouraged by those who seek to provide the mechanics of Boston with cheap homes. Whether such would be the result or not we think should have no effect upon the legislature. The effect of the proposed measure upon the county of Nor¬ folk is also worthy of consideration. Roxbury has been taken from her, with a population of 28,426 and a valuation of $26,- 551,000. Take Dorchester with a population of 10,717 and a valuation of $15,326,300; Brookline, which is sure to follow if this step be taken, wdth a population of 5,262 and a valuation of $14,870,700; and West Roxbury, with a population of 6,912 and a valuation of $10,302,600, and you will reduce the popula¬ tion of the county of Norfolk fifty-six percent, and her valuation sixty-two per cent, while her county expenditures, except for land taken for new highways in these towns will remain sub¬ stantially the same. Such a dismemberment of an ancient county can only be justified by the pressure of urgent necessity. The counsel for the City of Boston, in his opening, spoke of this step as one to be followed by the annexation of Brookline, West Roxbury and Brighton, to Boston; but Charlestown and Somerville have applied for annexation at this very session, and it is apparent, that if the measure now before us is carried, the annexation of all these municipalities and also of Cambridge, Watertown, Newton, Malden, Medford, Chelsea, North Chelsea and Winthrop, will be persistently urged upon succeeding legis¬ latures, and there is scarcely one of them for whose annexation to Boston stronger reasons cannot be given than for the annex¬ ation of Dorchester, and this step will be urged as a precedent in their cases as the annexation of Roxbury is in this. The consummation of this plan will combine more than one-third of the population and more than one-half of the assessed wealth of the state under one municipality, and make the State House and ANNEXATION OF DORCHESTER. 37 the Governor of the Commonwealth subordinate in dignity and real power to the City Hall and the Mayor. Already the dis¬ bursements and patronage of the city exceed those of the state. The union in interest of her senators and representatives will enable her to carry any measure here she may wish. The treasury of the Commonwealth will be at her command, or rather at the command of the knot of politicians into whose control the affairs of so large a municipality must inevitably fall. We feel, therefore, that in view of the results which must fol¬ low this measure, the legislature should pause and determine deliberately and carefully what shall be the policy of the Com¬ monwealth upon this subject of annexation, and we most respect¬ fully suggest that a commission of the ablest men to be found in the Commonwealth, free from private interest and local bias, be appointed by the Supreme Court to sit during the recess of the legislature, with power to send for persons and papers, to order surveys and estimates, to examine into the relation of the City of Boston to the suburbs, and report thereon to the legislature recommending such measure or measures as they may deem expedient. It may be that the cities and towns we have mentioned are so interwoven that they should be united in one municipality. It may, and we think will be found, upon a full report of all the facts, either that no legislation at all is required, or that certain common interests can be cared for by legislation short of annex¬ ation. Whatever the result be, the legislature would possess the information necessary, now wanting, to enable them wisely to form a definite plan, and pursue a fixed policy. Respectfully submitted, JOSEPH C. RAY, Of the Senate. SAMUEL D. SAWIN, E. FOSTER BAILEY, Of the House. COMMONWEALTH OF MASSACHUSETTS. In the Year One Thousand Eight Hundred and Sixty-nine. Chapter 349. AN ACT To unite the City of Boston and the Town of Dorchester. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: 1 Sect. 1. All the territory now comprised within the 2 limits of the town of Dorchester, in the county of Norfolk, 3 with the inhabitants and estates therein, is hereby annexed 4 to and made part of the city of Boston, in the county of Suf- 5 folk, and shall hereafter constitute a part of the county of 6 Suffolk, subject to the same municipal regulations, obligations 7 and liabilities, and entitled to the same immunities in all re- 8 spects as the said city of Boston : provided , however, that until 9 constitutionally and legally changed, said territory shall con- 10 tinue to be, for the purpose of electing members of the house 11 of representatives, part of the county of Norfolk, constitut- 12 ing the fifth representative district thereof; for the purpose 13 of electing a senator, part of the second Norfolk senatorial 14 district; for the purpose of electing a councillor, part of the 15 second council district; and for the purpose of electing a rep- 16 resentative in congress, part of congressional district num- 17 ber two, as the same are now constituted. ANNEXATION OF DORCHESTER. 39 18 All the duties now required by law to be performed by 19 the selectmen and town clerk of the town of Dorchester, or 20 either of them, pertaining to the election of representatives in 21 congress, state councillor senators and members of the house 22 of representatives, shall in like manner devolve upon and be 23 performed by the board of aldermen and city clerk of the 24 city of Boston. 25 It shall be the duty of the ward officers of the ward 26 erected out of said territory, as hereinafter provided, to make 27 return of all votes that may be cast therein, from time to 28 time, for representatives in congress, state councillors, sena- 29 tors, members of the house of representatives, and for all 30 other national, state, district, county, municipal and ward 31 officers, to the city clerk of the city of Boston. * 1 Sect. 2. All the public property of the said town of 2 Dorchester shall be vested in, and is hereby declared to be 3 the property of the city of Boston; and said city of Boston 4 shall succeed to all the rights, claims, causes of action, 5 rights to uncollected taxes, liens, uses, trusts, duties, privi- 6 leges and immunities of said town of Dorchester. The town 7 treasurer of the town of Dorchester shall, on or before the 8 second Monday of January, in the year eighteen 9 hundred and seventy, under the direction of the select- 10 men of said town of Dorchester, who shall for this 11 purpose, and for all other purposes necessary to carry into 12 full effect the provisions of this act, continue to hold 13 their offices over, transfer, deliver, pay over and account 14 for to the city treasurer of the city of Boston, all books, 15 papers, moneys and other property in his possession as town 16 treasurer of said town of Dorchester, when this act shall 17 take effect; and the city of Boston shall become liable for 18 and subject to all the debts, obligations, duties, responsibilities 19 and liabilities of said town of Dorchester. All actions and 40 ANNEXATION OF DORCHESTER. 20 causes of action which may be pending, or which shall have 21 accrued at the time this act shall take effect, in behalf of or 22 against the town of Dorchester, shall survive, and may be 23 prosecuted to final judgment and execution, in behalf of or 24 against the city of Boston. 1 Sect. 3. The several courts within the county of Suf- 2 folk, except the municipal court for the southern district of 3 the city of Boston, after this act shall take effect, shall have 4 the same jurisdiction over all causes of action and proceed- 5 ings in civil causes, and over all matters in probate and in- 6 solvency, which shall have accrued within said territory 7 hereby annexed, that said courts now have over like actions, 8 proceedings and matters within the county of Suffolk: pro- 9 vided, however , that the several courts within the county of 10 Norfolk shall have and retain jurisdiction of all actions, 11 proceedings and matters, that shall have been rightfully 12 commenced in said courts prior to the time when this act 13 shall take effect; and the supreme judicial court and the 14 superior court within the county of Suffolk, after this act 15 shall take effect, shall have the same jurisdiction of all 16 crimes, offences, and misdemeanors, that shall have been 17 committed within the said territory, that the supreme judi- 18 cial court and superior court within the county of Norfolk 19 now have jurisdiction of: provided proceedings shall not 20 have been already commenced in any of the courts within 21 the county of Norfolk, for the prosecution of said 22 crimes, offences, and misdemeanors; in which case, the said 23 courts within the county of Norfolk shall have and retain 24 jurisdiction of the same for the full, complete and final dis- 25 position thereof. All suits, actions, proceedings, complaints 26 and prosecutions, and all matters of probate and insolvency 27 which shall be pending within said territory, before any 28 co irt or justice of the peace, when this act shall take effect, 41 ANNEXATION OF DORCHESTER. 29 shall be heard and determined as though this act had not 30 passed. 1 Sect. 4. Said territory shall be added to, and constitute 2 a part of the judicial district under the jurisdiction of the 3 municipal court of the city of Boston. Said court shall have 4 the same civil and criminal jurisdiction in said territory as 5 it now has by law in its district as it now exists. 1 Sect. 5. The said territory shall constitute a ward of 2 the city of Boston, to be called ward sixteen, and shall so 3 remain until the alteration of the ward limits of the city of 4 Boston, provided by law. And the ward so established 5 shall be entitled to all the municipal and ward officers which 6 each of the other wards of said city of Boston is entitled to. 1 Sect. 6. If this act shall be accepted as hereinafter pro- 2 vided, said territory shall, after the second day of November, 3 in the year eighteen hundred and sixty-nine, constitute a 4 ward of the city of Boston, to be called ward sixteen, for all 5 the purposes mentioned in this section and in section seven of 6 this act. And the board of aldermen of said city of Boston 7 shall, in due season, issue their warrant for a meeting of the 8 legal voters of said ward, to be held on the second Monday 9 of December, in the year eighteen hundred and sixty-nine, at 10 some place within said ward, which shall be designated in 11 said warrant, there first to choose a warden, clerk, and five 12 inspectors of elections for said ward, who shall hold their 13 offices until the first Monday of January, in the year eighteen 14 hundred and seventy, and until others shall be chosen and 15 qualified in their stead; second, to give in their ballots 16 for the several municipal and ward officers for the year 17 eighteen hundred and seventy, for which they shall 18 be entitled to vote by virtue of the provisions of this 19 act. 42 ANNEXATION OF DORCHESTER. 20 The voters of said ward shall designate, by their ballots 21 cast at said meeting, the term of service for which each of 22 the six school committee men, who shall be chosen in said 23 ward, shall serve, so that two of the number so chosen shall 24 serve for three years, two for two years, and two for one 25 year. The board of aldermen of the city of Boston shall 26 prepare lists of all the legal voters in said ward, to be used 27 at said meeting, and shall do all other things which they are 28 now by law required to do in respect to like elections in 29 other wards in the city of Boston; and at said meeting any 30 legal voter of said ward may call the citizens to order, and 31 preside until a warden shall have been chosen and qualified. 32 All ward officers whose election is provided for in the pre- 33 ceding section, shall be qualified according to law. The 34 citizens of the territory by this act aunexed to the city of 35 Boston, shall have the same right to vote for municipal offi- 36 cers, at the annual municipal election of the city of Boston, 37 in the year eighteen hundred and sixty-nine, as they would 38 have had if said territory had formed part of the city of 39 Boston for more than six months next before said election. 1 Sect. 7. After the present municipal year the board of 2 aldermen of the city of Boston shall consist of twelve mem- 3 bers, and the common council of the city of Boston shall con- 4 sist of sixty-four members. The number of wards of said 5 city, including the ward to be formed out of the territory 6 hereby annexed, shall be sixteen. 1 Sect. 8. The several police officers and watchmen that 2 may be in office in the town of Dorchester when this act 3 shall take effect shall thereafter continue in the discharge of 4 their respective duties, in the same manner as if they were 5 police officers and watchmen of the city of Boston, until 6 others shall be appointed in their stead. And the fire engi- 7 neers and firemen of the town of Dorchester shall in like ANNEXATION OF DORCHESTER. 43 8 manner continue in the discharge of their duties as if they 9 were engineers and firemen of the city of Boston, till others 10 are appointed in their stead. 1 Sect. 9. All the interest which the town of Dorchester 2 now lias in the public property of the county of Norfolk, is 3 hereby released and acquitted to said county of Norfolk. 4 Such proportion of the debts and obligations of the county 5 of Norfolk existing when this act shall take full effect, over 6 and above the value of all the property belonging to said 7 county as should proportionally and equitably be paid by 8 the inhabitants and property owners of the territory by this 9 act annexed to the city of Boston, shall be paid by said city 10 of Boston to said county of Norfolk; and the supreme judi- 11 cial court shall have jurisdiction in equity to determine the 12 amount of such proportion (if any), and enforce the payment 13 of the same upon a suit of equity, in the name of said county, 14 to be brought therefor within six months after this act shall 15 go into full operation, by the county commissioners of said 16 county of Norfolk, if they shall deem such suit for the 17 interest of said county; but no such suit shall be insti- 18 tuted after said six months. 19 Nothing contained in this act shall impair the obligation 20 of contracts; and the property and inhabitants of the terri- 21 tory by this act annexed to the city of Boston shall continue 22 liable to the existing creditors of the county of Norfolk, in 23 like manner as if this act had not been passed: provided, that 24 if any person, by reason of his being an inhabitant of, or 25 owning property in, said territory, shall be compelled to pay 26 any part of an existing debt or obligation of the county of 27 Norfolk, the amount of such payment shall constitute a debt 28 to him from said county as hereafter to be constituted, ex- 29 elusive of said territory, and may be recovered in like man- 30 ner as other debts against the county of Norfolk. 44 ANNEXATION OF DORCHESTER. 1 Sect. 10. This act shall not take full effect unless ac- 2 cepted by a majority of the legal voters of the city of Bos- 3 ton present and voting thereon by ballot at meetings which 4 shall be held in the several wards of said city, and also by 5 a majority of the legal voters of the town of Dorchester 6 present and voting thereon by ballot, at a meeting which 7 shall be held in said town. All said meetings shall be held 8 simultaneously on the twenty-second day of June of the pres- 9 ent year, and upon notice thereof duly given at least seven 10 days before the time of said meetings, and the polls shall be 11 opened at nine o’clock in the forenoon of said day, and shall 12 be closed at six o'clock in the afternoon. In case of the 13 absence of any ward officer at any ward meeting in said 14 city held for the purpose aforesaid, or of any of the select- 15 men, or of the town clerk at any meeting in said town held 16 for said purpose, a like officer may be chosen, pro tempore, by 17 hand vote, and shall be duly qualified and shall have all the 18 powers and be subject to all the duties, of the regular officer 19 at said meetings. Said ballots shall be “yes ” or “no” in 20 answer to the question, “ Shall an act passed by the legisla- 21 ture of the Commonwealth, in the year eighteen hundred 22 and sixty-nine, entitled 'an act to unite the city of Boston 23 and the town of Dorchester,’ be accepted ? ” Such meeting 24 in the town of Dorchester shall be called, notified and 25 warned by the selectmen of said town, in the same manner 26 in which meetings for the election of tow T n officers in said 27 town are called, notified and warned; and such meetings in 28 the city of Boston shall be called, notified and warned by 29 the board of aldermen of said city in the same manner in 30 which meetings for the election of municipal officers in said 31 city are called, notified and warned. 32 The ballots given in shall be assorted, counted and de- 33 dared in the ward meetings in which they are given in in the 34 city of Boston, in open ward meeting, and shall be registered ANNEXATION OF DORCHESTER. 45 35 in the ward records; and in the town of Dorchester the ballots 36 given in shall be assorted, counted and declared in open 37 town meeting, and shall be recorded upon the records of the 38 town. The clerk of each ward in the city of Boston shall 39 make return of all ballots given in his ward, and the number 40 of ballots in favor of the acceptance of this act, and thenum- 41 ber of ballots against said acceptance, to the board of alder- 42 men of the city of Boston; said returns to be made within 43 forty-eight hours of the close of the polls. 44 It shall be the duty of the board of aldermen of the city 45 of Boston to certify as soon as may be the ballots cast in the 46 city of Boston, and the number of ballots cast in favor of the 47 acceptance of this act, and the number of ballots cast 48 against said acceptance in said city, to the secretary of the 49 Commonwealth. 50 The selectmen and town clerk of the town of Dorchester 51 shall, as soon as may be, make a like return of the ballots 52 cast in said town, and the number of ballots cast in favor of 53 acceptance of this act, and the number of ballots cast against 54 said acceptance in said town, to the secretary of the Coin- 55 monwealth. 56 And if it shall appear that a majority of the votes cast 57 in the city of Boston, and a majority of the votes cast in the 58 town of Dorchester, respectively, is in favor of the accept- 59 ance of this act, the said secretary shall immediately issue 60 and publish his certificate declaring this act to have been 61 duly accepted. 1 Sect. 11. So much of this act as authorizes and directs 2 the submission of the question of acceptance of this act to 3 the legal voters of said city and said town, respectively; 4 provided for in the tenth section of this act, shall take effect 5 upon its passage. 4 1 Sect. 12. If this act shall be accepted as herein pro- 2 vided, it shall take effect on the third day of November, in 46 ANNEXATION OF DORCHESTER. 3 the year eighteen hundred and sixty-nine, so far as to autlior- 4 ize, legalize and carry into effect the acts and provisions of 5 the sixth and seventh sections of this act; but for all other 6 purposes (except as mentioned in section eleven of this 7 act), it shall take effect on the first Monday of January, in 8 the year eighteen hundred and seventy. 1 Sect. 13. If any election or balloting upon the question 2 of the acceptance of this act, by either said city or said 3 town, shall within two months thereafter be declared void 4 by the supreme judicial court, upon summary proceedings 5 which may be had in any county on the petition of fifty 6 voters of either said city or said town, the question of accept- 7 ing said act shall be again submitted to the legal voters of 8 said city or town, and a meeting therefor shall within thirty 9 days thereafter be called, held and conducted, and the votes 10 returned and other proceedings had thereon, in like manner 11 as hereinbefore provided. But no election or balloting shall 12 be held void for informality, in calling, holding or conduct- 13 ing the election, or returning the votes, or otherwise, except 14 upon proceedings instituted therefor and determined within 15 sixty days thereafter, as aforesaid. House of Representatives, May 3, 1869. Passed to be enacted. HARVEY JEWELL, Speaker. In Senate, June 1,1869. Passed to be enacted. ROB’T C. PITMAN, President. Approved. June 4, 1869. WILLIAM CLAFLIN. Secretary’s Department, Boston, June 4, 1869. A true copy. Attest: OLIVER WARNER, Secretary of the Commonwealth. 3 0112 98430660