1949-01-24 - Laserfiche WebLink

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60 The Chairman said that as he rec§lls it, Mr. Paxton told the Committee that the Selectmen would give further consideration as to a policy on the enclosed field. He stated that the Board has done so and, asthe Committee knows, the Town Counsel has advised that in his opinion no town board has any authority to charge any admission to any event on the playground, either the enclosed field or unenclosed area except the School Department. mr. Hannah said that he understood that to be the Town Counsel's opinion. The Chairman explained that the Selectmen feel it would be very dangerous to embark on a policy which is contrary to his so they feel that they will go along with it. He said that the Board realized it will' be a great disappointment to the Committee and to many other people, but the Selectmen do not feel justified in disregarding the Towri Counsel's advice on the sub- jact. He said that unless the matter is reviewed again the Board's policy is that the School Department can charge admission and the money turned over to the Town Treasurer. Any other group using the field may take up voluntary contributions. He said that any group using the field should be willing to contribute to the Town Treasurer a stated percentage of the vol- untary receipts. Mr. Hannah asked if the Board has given any thought to asking the Legislature to act on this. The Chairman explained that as he remembers, the Town Counsel explained the law could be varied, but it could not in any way give the Town any authority to override the terms of the bequest under which the land was acquired. Mr. Hannah said that he understood the land was given as a playground. He said that the Statute has reference to playground use and if playground use is permitted he thought it would be within the jurisdiction of the Selectmen to charge admission. The Chairman explained that, unfortunately, as he understands the situation, this land was given by Mr. Scott who was a lawyer and his bequest tied the gift down to the Statute. The Town Counsel has advised that he doubts if the Legislature has any authority to go beyond the terms of the bequest. Mr. Nickerson said that the Town Counsel referred to the Constitution of the United States then explaining about the terms of the bequest. Mr. Gustin asked if the jurisdiction and maintenance of the field could be transferred to the School Depart- ment and let them take care of it out of their funds ° before turning the money over to the Treasurer.