1869-11-23 Trustee Committee to Investigate ByLaws, Report, 2021.004.087

M^t Auburn Nov 6^th1869 /esq^re

Otis Norcross, Esq^r

Dear Sir,

Your letter under -date 4^thinst., was duly received! informing me of a Vote passed at the last monthly meeting of the Trustees of Mount Auburn Cemetery,and that a Comittee of 3 was appointed to examine & Report to the "board."

"Whether any infringements of the "bye Laws, contained in the last paragraph of Article 3^d of the Bye laws of the Corporation had been made by me!

That said Committee had been informed, "That I had received commissions from various Granite & Marble Workers, and that in the year 1868 I had receievd $900.⁰⁰ for Granite alone, and that further more I exacted a commission on all work done, and materials furnished, by Granite or Marble workers to proprietors of lots in the Cemetery. now as it regards this last accusation! I unqualified say, There is not a Shadow of truth in the assertion!

As it regards the "Bye Laws" to which you refer: and several others, among the same, all of the same import, I will say, I always considered them to be inerpreted, Just as they read! :No commission to be received by any officer of the Corporation, on any work, or materials

furnished for the Cemetery>! [double underline]

Which "Bye Law in-cludes, all Materials purchased for the use of the Cemetery, of every name & nature! including all hammered Stone for Ornamental Grounds, Coping like Mr Storys! Munson, and all such work for lots held in trust by the Corporation. All of which I have scrupulously adhered too !!

For, aside, from the Bye Laws! I trust my Moral Sense of Justice, would not allow me to make any money out of the Institution, that I am paid to manage as Superintendent, and in the faithful manner which is incumbent on all persons, whoacceptsuchTrusts!

As it regards my business with Stone cutters, Marble lWorkers &c, I have by order of the Proprietors made contracts for Stone "Coping" Tomb Fronts, Sarcophagus & Head Stones, which has secured to the Corporation, the work of Setting, Grading, Sodding, and to that extent, that two gangs of masons, are kept constantly at work, which is the most profitable [?] work done by the ^corporation The places are mostly of my own design, as it regards both lots & Facades of tombs, and all the work has been secured to the Corporation this year. Except 3 lots! and one of them, has cost the Corporation through the ignorance of the Contractor, as much money as would on^costto set the lot! All this work has been done by orders of proprietors, and paid for by them, to the Stone cutters themselves! and "Mount Auburn Corporation has had nothing to do with it! Tis true, I have received a compensation in many cases ^{from the stone cutters} a gratuityoffered but, have always gone away from them

Whenever I could benefit the proprietor. The same named as commission paid by Alex McDonald in 1868 is nottruecorrect All the work done by that "Concern" since they started the yard in the "fall of 1866, amounts to say in 3 years, about$900^oopaid me![double underline

Very Respectfully Yours Daniel L. Winsor

Report of Committee to investigate Charges of violation of By-law for bidding, sup^t gatekeeper or other paid servant of corporation to have interest in work or materials furnished for the Cemetery

In Trustees Nov. 23. 1869 REad & accepted.