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HomeMy WebLinkAbout1949-11-29460 SELECTIMiEN'S MEETING, NOVEMBER 82 on page 463 SELECTMEN'S MEETING November 29. 1949 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing on Tuesday, November 29 at 7:00 P. M. for the purpose of interviewing applicants for the position of Town Counsel. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. William C. Madden, -22 Moreland Avenue met with the Board. The Chairman outlined the duties and explained that the fee may be $3,000 per year, not including trial work. - Mr. Madden said that he is definitely interest - Madden re: ed in the position. He was born July 9, 1915 in Town Counsel Newton and lived most of his life in Cambridge. He went to Cambridge Latin School, Boston -College and Boston College Law School. He has lived in Lexing- ton just one year and practiced law with John Hanni- gan who didd last -February. Mr. Hannigan left his library to Mr. Madden and he is now practicing from that office. He stated that he passed the bar in 1941, aid was in the Navy during the.war. He said that he and Mr. Hannigan represented the taxpayers who brought the suit to stop the garage on Boston Common. The case lasted two years and went to the U. S. Supreme Cour. He informed the Board that he has done quite an amount of trial work in Super- ior, District, Middlesex and Suffolk Courts, but he has not done any Appellate Tax work. The Chairman asked if he were free enough so that he could make the Town work come first and he replied in the affirmative. Mr. Madden retired at 7:20 P. M. Rutherford re: Town Counsel Mr. Gaynor K. Rutherford, 37 Percy Road met with the Board. The Chairman outlined the duties of the posi- tion and explained that the retaining fee may pos- sibly be $3,009, subject to the approval of Town Meeting. He explained that, in addition to the duties performed by the present Town Counsel, the Board will expect the new Town Counsel to attend the Selectmen's meetings every Monday night with the Superintendent of Public Works and also arrange to be at the Town Office Building on one morning or one afternoon each week. Mr. Rutherford said that he is in partnership with two other lawyers and has discussed the posi- tion with Robert Holt. He was a member of the Fiske School Building Committee, has lived in Lexington 1 since August, 1946 and has had some contacts with Mr. Lynch. He said that he went to Bowdoin College, Harvard Law School, practiced law in Chicago for five years, spent two and -one-half years in the Navy. and came to work in Boston in 1946.. Mr. Rutherford informed the Board that he and his partners represent the First National Bank of Malden, the Malden Savings Bank, Alvin T. Fuller and the Boston Retail Trade Board. He did say, however, that as far as town law is concerned he knows practically nothing about it. The Chairman inquired about his trial work and Mr. Rutherford said that he does all the trial work for his office, and that he likes trial work. The Chairman asked if he had ever done any work before the Appellate Tax Board and he replied in the affirmative. The Chairman asked what he would charge for trial work and Mr. Rutherford replied that it would depend on the amount involved and the results ob- tained. The Chairman asked if he appreciated that amount of time involved and Mr. Rutherford said that he had talked with Mr. Lynch when he was considering resign- ing before and he gave him a general idea about what is involved. The Chairman stated that whoever is appointed will be expected to meet with the Selectmen every Monday night with the Superintendent of Public Works and also arrange to spend one morning or one afternoon each week at the Town Office Building* Mr. Rutherford thought such an arrangement would be necessary. Mr. Rutherford retired at 7:30 P. M. Mr. Francis X. Morse, 12 Shirley Street, met with the Board. The Chairman explained the duties involved and what the Selectmen would expect from the new Town Counsel. Mr. Morse informed the Board that he had one year at Boston College and four years at Suffolk and graduated in 1940. When he returned from the service he started practicing for himself at 18 Tremont Street and has been there ever since. He has lived in Lex- ington for about two years. He stated that he passed the bar in 1941. The Chairman said that the Board is thinking about $3,000 per year retaining fee,not including trial work, but it would include D..U. hearings. The Chairman asked if Mr. Morse had clients who would have first call on his time. He replied that as far as he is concerned his practice as yet is not too extensive. He said that if he were appointed and 461 Morse, re: Town Counsel 462 accepted, his acceptance of course would be upon whatever conditions are required. Mr. Morse retired at 7:35 P. M. Further consideration was given to the memo Officer from Dr. Bowman with refer nee to Officer Harvey's Harvey application for retirement becuase of physical dis- retire- ability as a result of injuries sustained in the ment performance of his duties. The Chairman was author- ized to contact Dr. Bowman and report to the Board. The meeting adjourned at 8:00 P. M. lectmen. 10004 1