1874-Annual Report - Laserfiche WebLink

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7 to the position, that the draining in the meadows or in land so connected with them as to render it necessary to sink a drain to carry off the water from the meadows, is an expendi- ture on private property for the benefit of the owners of the landed property on the meadows. We say then that the town has no more right to assume the cost of draining the meadows of an individual than they would have to assume the cost of shingling his barn, painting his house, or papering his parlor. It may perhaps be urged, for self interest is always fruit- ful in its pleas, that this draining was done by the town, through the agency of its town officers, and therefore, the town has a right to assume the debt thus contracted. We say that the premises here assumed are not tenable. The town as such, has not drained the meadows—nor have the Selectmen as such, lowered the channels and the ditches. You will look in vain among the powers of towns, for any authority to enter upon the lands of individuals and drain them for the benefit of the owner thereof; and you willlook in vain among the prescribed duties of Selectmen, for any authority to do what we have done in this case. The fact is, that what has been done in this case, has not in a strict legal sense, been done by the tonin or by the.town officers. The town and the undersigned have both acted as Special Agents for the citizen, including the land owners, who in the sense of the law petitioned for the draining, and accepted the act making the town and the Selectmen their agents. We have acted .not as Selectmen, but as Agents named by the Legislature and ratified by your votes. Nor is there any- thing mysterious in this. An individual gives a certain sum for a specified object. His language in his Will or Deed is "I give to the town of A. fifty thousand dollars to be ex= pended by the Selectmen in building a Soldiers' monument." Now property thus given is not given to the town as a town, but as an existing corporation—a trustee to receive and hold the money till it is wanted for the purpose specified. Nor are the Selectmen as such, to expend that fund. The giver