Mount Auburn Cemetery

M

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Trustees. April 12^t, 1871. Coolidge Av. Papers rel. to from J. G. Coolidge & H. W. Muzzey ref. to Spec. Com.

A communicaton from M^r. Joseph G. Coolidge, and one from M^r H. W. Muzzey both dated April 10^t, 1871, alleging certain facts in regard to the condition of Coolidge Avenue, and founding certain claims thereupon were read and considered, and it was

Voted, – that the foregoing communications be referred to a Special Committee consisting of the President and M^r Choate to consider and report.

Request to purchase land by J. G. Coolidge ref. to Com. on Grounds.

An application to purchase a small strip of land from the Stone Meadow was received from M^r Jos. G. Coolidge under date of April 10^t, 1871.

Voted, – that the application be referred to the Committee on Grounds to consider and report.

On the statement made by M^r Turner that we had been requested by Dr. Brewer now absent from the City, to bring to the notice of the Board the expediency of appointing a Committee on the Birds of the Cemetery, it was

Com. on Birds appointed.

Voted, – that Dr. Brewer and M^r Turner be appointed to constitute such Committee.

Mr. Turner having requested to be excused from serving, M^r Little was appointed in his place.

Proposed new access to Cemetery from Watertown Br. R. R.

A verbal communication was addressed to the Board by M^r Lawrence stating that M^r Stearns, President of the Fitchburg Railroad Co. had suggested to him that the Railroad Company would readily negotiate for the sale of the Proprietors of M^r Auburn of a small parcel of land adjoining their lately acquired premises West of the Cemetery, and for the opening of a gate affording passengers by the cars a

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Trustees. April 24^t, 1871

occupied by him as a Refreshment Room in the Reception House at Mount Auburn, on such terms, and under such restrictions as they may deem desirable.

Fitchburg R. R. Co. Entrance way into Cem'y from their premises requested.

A communication from William B. Stearns, President of the Fitchburg Railroad Co., dated April 22^d, 1871, petitioning for the establishment of a gateway into the Cemetery at some point opposite their railway station at Mount Auburn, and stating that the Railroad Company are prepared to pay a reasonable proportion of the expense incurred, having been submitted to the Board, it was

Voted, – that said Communication be referred to the Committee on Grounds.

Finance Com^tee Report accepted

A Report was received from the Committee on Finance to whom was referred at the last Meeting the Statements and Trial Balance of the Treasurer for the quarter ending March 31^st, 1871, approving the same as correct. And it was

Voted, – that the Report of the Finance Committee be accepted, and the said accounts placed on file.

Coolidge Avenue. Rep. of Spec. Com. on claims of Messrs Coolidge & Muzzey

A Report was submitted by the Special Committee consisting of the President and M^r Choate, to whom was referred at the last Meeting the communications of Messrs. Coolidge and Muzzey in reference to Coolidge Avenue. The same having been read and considered, on motion of M^r Turner it was

Voted, – that the Report be accepted and spread upon the record. [See next page.]

Pres^t to Com. with City of Camb. concerning.

Voted, – that the President be requested to communicate to the City of Cambridge the facts embodied in said report, and otherwise connected with the claims aforesaid.

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Trustees April 24^t, 1871.

On motion of Dr. Bigelow it was

Voted, – that the Committee on Grounds be instructed to consider the expediency of a re=survey and re=constructon of the Stone Farm.

Adjourned.

Sam^l Batchelder Jr., Secretary.

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Coolidge Av^e Report of Special Com^tee in extenso.

The Special Committee to whom were referred the applications of H. W. Mussey and J. G. Coolidge for payment of damages caused to their estates by grading Coolidge Avenue by the City of Cambridge in 1869 submit the following

Report.

In the year 1862 a claim made that this Corporation was bound to grade and repair the Avenue was referred to Messrs C. P. Curtis and E. S. Rand, and from their full examination and report we find that the fee of the Avenue is in this Corporation, that it was laid out as a private way in 1830, and has since been open to public travel. It is not a public way except by dedication. Since 1846 no way can be made public unless laid out by the public authorities. As the corporation as lately as 1848 exercised its power of granting rights in the way it seems clear it has never become a public way by dedication.

The original agreement between Brimmer and Josiah Coolidge provided that this way should be kept open and unobstructed, and that said Coolidge, his heirs and assigns, should at all times have free ingress and regress to and from his adjoining land into said way. H. W. Mussey, J. G. Coolidge

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Trustees, April 24^t, 1871.

the petitioners, and the City of Cambridge all claim rights in the way as assigns of J. Coolidge.

In 1868, the way being out of repair, the question of its improvement was brought before the Board as follows: –

"M^r Cheever having made a statement that the City of "Cambridge contemplated the improvement of the grade of "Coolidge Avenue, it was

"Voted, – that Messrs. Cheever and Norcross be a Com"mittee to arrange with the City of Cambridge for the payment " of $250. – by this Corporation when said grading shall have "been completed to the satisfaction of the Committee."

In 1869 the grading was completed which has caused the injuries complained [of]

The grade of the sidewalk at the entrance to M^r Muzzey's estate, (then owned by M^r Lawrence,) was reduced about three feet, and no support being provided for the wall on the line of the estate it has since fallen, and besides rebuilding the wall a considerable expense has been incurred in reducing the grade of his roadway to the new grade of the Avenue. A similar but less reduction in grade was made in front of M^r Coolidge's estate. He claims that a bank wall is necessary in front of his land, and that access to his premises has been rendered more difficult.

Both parties base their claim against this Corporation, upon the allegation that the City of Cambridge, in making the changes of grade acted as the licensee or agent of the corporation as owner of the fee.

If this were the fact the Committee are not prepared