1874-Annual Report - Laserfiche WebLink

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were embodied in the Act of the Legislature, repeated by the vote of the town, and well understood by all classes of our citizens, who were at all concerned in the enterprise. After the Selectmen had adopted a general plan of drainage, and had notified the land holders, in conformity to the pro- visions of the law, to appear before them and examine their plan, very few appeared ; but those who did, knew full well that the cost of drainage was to be reimbursed by the abut- ters ; and though one or two contended that they should not be benefited. they showed a perfect knowledge of the princi- ple, that those who were benefited, would be required to pay; in other words that the draining must be paid by land holders, who were deemed to be benefited. We have been thus particular, because it has been said by some, that the land holders have been taken by surprise, and they thick it unreasonable to be called upon to pay for the draining, which they supposed would be paid for by the town. Some have already intimated that the town ought to assume the drainage debt, and so relieve the abutters from the tax. As this position seems to receive -some favor in certain quarters, we feel compelled to state our convictions on this question, so that, if the town should get into any trouble, they shall not say that we led them into it. There are in --our estimation, two substantial reasons why the town should not assume the drainage debt. lst, they have no legal right to do it; and 2d, it would be unjust if they had the power. First. We say the town has no legal right to assume such a debt. The expenditure was made for the benefit of indi- viduals, to improve the value of their lands. This was the ground taken by the land owners themselves, when this en- terprise was undertaken. No land owner that we are aware of, ever expected that the town would pay for the draining of the swamps. Those opposed to the measure, based their op- position on the ground that their lands would not be improved, and -hence no betterment tax should be assessed upon them. They pleaded an exception in their case, and thereby allowed the opposite to be the rule. So that after all, we are driven