Argument on behalf of Joseph Tilden and others, remonstrants, on the hearing of the petition of the mayor of the city of Boston : on behalf of the city council, for a grant of the requisite powers to construct an aqueduct from Long Pond to the city : before a joint special committee of the Massachusetts legislature, March 6, 1845 / by William J. Hubbard.

  • Hubbard, William J. (William Joseph), 1802-1864.
Date:
1845
Catalogue details

Licence: Public Domain Mark

Credit: Argument on behalf of Joseph Tilden and others, remonstrants, on the hearing of the petition of the mayor of the city of Boston : on behalf of the city council, for a grant of the requisite powers to construct an aqueduct from Long Pond to the city : before a joint special committee of the Massachusetts legislature, March 6, 1845 / by William J. Hubbard. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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    that the city may take from the surplus or waste water of Sud- bury River such quantity as it may be found expedient to di- vert into Long Pond and said aqueduct. Thirdly—To take land along the line of the aqueduct ne- cessary for the construction of the same, and for reservoirs, gates, water ways, drains, water courses, &c. And the petition concludes with the prayer that such pow- ers may be granted to the city of Boston as shall be requisite in the premises. But what are the requisite powers which the Mayor asks may be granted to the city ? They are of two classes. First—Power to take lands belonging to citizens of other towns without their consent, and against their will—to destroy their mill privileges—to divert streams from their natural courses —and as a necessary consequence, to render nearly valueless large amounts of property, the profitable improvement of which depends upon the continuance of the manufacturing establish- ments erected on those streams and privileges. The learned counsel for the city in his opening argument seems to have assumed that this is the only power which need be granted. He has not adverted to or hinted at the fact, that any other powers need be granted to the city. If the power already named be granted, as a necessary con- sequence, provision must be made for compensation to the mill- owners whose privileges are destroyed or injured, and to the farmers and other land owners whose property is taken, although indirect and consequential damages to a great extent will be suffered by the town of Framingham and other towns for which no provision can be made. To enable the city to make this compensation, there must be conferred upon the municipal authorities either expressly or by implication, Secondly—New powers of taxation to raise the money ne- cessary for these objects, or authority to procure it on a loan, for the repayment of which not only the corporate property of the city will be pledged, but a lien will be fixed on the private property of every citizen. If the city as a municipal corporation already have power to raise money by tax, or to borrow it for the construction of an aqueduct, why, with their immense wealth of which the committee have been told—possessing as has been said one