USA > Ohio > Cuyahoga County > Cleveland > A history of Cleveland, Ohio, Volume I > Part 31
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Under the first state constitution all corporations, public and private, were chartered by special act. This led to a bewildering multitude of charters and a riot of special legislation. In the midst of this carnival of special acts Cleve- land prayed for a city charter and in March, 1836, the act of incorporation was passed.
Considerable local agitation preceded the securing of this charter. A num- ber of town meetings were held and a committee was appointed to draft a charter. At a meeting held in the courthouse, December 29, 1835, the commit- tee's report was adopted and the committees discharged. But a warm discussion still continued and on January 11, 1836, another public meeting was called, in the courthouse. It appears it was not an entirely tranquil gathering. Frederick Whittlesey was chairman and H. P. Paine, "scribe." A motion was made to reject the charter. After frank discussion the motion was lost. An amendment, making the center of the Cuyahoga the western boundary of the city was agreed upon and the entire bill then referred to a committee of twenty-five, who were evidently quite successful in their efforts to secure a charter agreeable to the local wishes .*
(I) The charter defined the boundaries of the city and divided it into three wards. The council consisted of three members from each ward and as many aldermen as there were wards, chosen at large but no two from the same ward. The council, as would be expected from the prevalent political opinion, were given not only legislative, but also administrative and executive powers. It was to "regulate the police, * preserve the peace, prevent riots, dis-
* See "Cleveland Whig" on dates mentioned.
John W. Willey, first mayor of Cleveland, 1797-1841
William B. Castle
E. W. Pelton
R. R. Herrick
Stephen Buhrer
Brenton D. Babcock
GROUP OF MAYORS WHO WERE ALSO PROMINENT IN PROFESSIONAL AND BUSINESS LIFE
1
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turbances and disorderly assemblages, * to appoint watchmen, appoint a city clerk and any other agents or officers necessary for the interests of said city." The mayor was keeper of the seal, a police magistrate and vigil- ance officer, taking care "that the laws of the state and ordinances of the city council be faithfully executed." The marshal was the chief police officer and had the authority to appoint one or more deputies with the approval of the coun- cil. The treasurer was the custodian of the funds and under the control of the council. These officers were all elected annually at the spring election, the first Monday in March.
(2) May 3, 1852, an act was passed providing for the incorporating of cities and villages. It was the intention of the legislature to comply with the new constitution and not pass special acts of incorporation. So this general act granted general powers to cities. But it likewise divided all cities into two classes, first and second, those over twenty thousand inhabitants were of the first class, and all others of the second.
As Cleveland had only seventeen thousand inhabitants in 1850, it fell into the second class. The council was composed of two trustees from each ward, and was given "all the legislative power granted in the act." The pay of the trustees was not to exceed one dollar for every regular or special session. The mayor's powers were limited and his pay was fixed by the council. The mar- shal, treasurer and city solicitor were elected by the people. The board plan was now making its appearance and a board of city commissioners. was created, consisting of three members elected for three years; it had charge of city streets and bridges. The multiplication of governmental functions was now also be- ginning. A superintendent of markets was elected, a complete police judiciary, including a judge, clerk and prosecutor, and a civil engineer and auditor were added to the list.
(3) After yearly changes in many of the minor offices, the legislature, in 1870, attempted another general code for all cities of the first class, into which Cleveland had advanced. The mayor, solicitor, treasurer, street commissioner, police judge, police prosecuting attorney and police court clerk were all elected ; while the civil engineer, fire engineer, superintendent of markets and chief of police were appointed by the mayor with the consent of the council. The coun- cil remained as before, two members from each ward. The mayor was thus becoming more distinctly an executive officer. He shared the appointing power with the council, though the latter body still elected the city clerk and the auditor and fixed the number of the policemen whom the mayor, with their consent might appoint.
In order to please the numerous local demands for special charters, and at the same time to avoid the constitutional inhibition against special legislation, the adroit politicians, with the sanction of the Supreme court, resorted to that system of classification of cities which later developed into such ridiculous pro- portions and made Ohio a byword among students of municipal government.
(4) May 14, 1878, the first serious attempt at a comprehensive munic- ipal code in Ohio was made. Cities were classified according to population, Cleveland falling into the first class, second grade. This code indicated the development of the board plan and the rehabilitation of the mayor as an exec-
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utive. The council, two members from each ward, the mayor, treasurer, police judge and prosecutor were elected for two years, the solicitor for four and the street commissioner for three. The auditor and city clerk were appointed by the council for one year and the civil engineer for three years. Municipal elec- tion day was the first Monday in April.
The following boards were created : The board of police commissioners, composed of the mayor and four commissioners elected for four years; the board of directors of the house of refuge and correction, five members ap- pointed by the mayor for five years; the board of health, composed of the mayor. and six members appointed by the council for three years; the board of infirm- ary directors, elected for three years; the board of improvements, established at the option of the council, composed of the mayor, the civil engineer, the street commissioner, chairman of the council committee on streets and one mem- ber appointed by the council, it had charge of the cleaning and repairing of streets ; the board of park commissioners, three appointed by the mayor with the consent of the council, for three years; board of water works trustees, three elected by the people for three years; the board of fire commissioners, four elected by the people for four years, and the chairman of the city council com- mittee on fires; the board of cemetery trustees, three elected by the people for three years; and the board of revision, the mayor, president of the city council and city solicitor, met once a month to review the proceedings of the multitu- dinous departments and report to the city council whether any had overstepped their prerogative.
Nearly all these boards served without pay.
A superintendent of markets was appointed by the mayor, with the consent of the council, which prescribed his duties and his pay. The council was author- ized, if it deemed wise, to appoint an inspector of oil, an inspector of flour and bakery products, an inspector of meat, an inspector of fish and an inspector of pot and pearl ashes.
Here was a tessellated code that included parts of all forms of municipal governments brought together with a complete disregard for consistency. Many changes were made from year to year, the principal one being that of April 3, 1885, when a bicameral city legislature was established, composed of a board of aldermen of nine members elected for two years from aldermanic districts defined by the law, and a council of one member from each ward.
(5) With such a varied experience in the frame work of its government and its manipulation by office seekers, it is no wonder that a well defined public senti- ment demanded a form of municipal government more rationally adapted to the business of governing. Colonel John M. Wilcox publicly suggested in 1888 that a plan of municipal government, modeled after the federal government at Washington, might be the solution. The suggestion was well received and at a meeting of the Board of Trade Judge Blandin and W. E. Sherwood were desig- nated to draw a bill after the federal model. Their bill was submitted to the legislature, passed the senate but failed in the house. In 1890 the bill was in- troduced by Colonel O. J. Hodge but was amended to death. Not until the fol- lowing year was public sentiment so robust that the bill became a law March 16, 1891. Through the united efforts of the leaders of both parties and especially
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through the wise direction of its patron, Colonel Hodge, it passed both houses unanimously, an achievement that alone would give it distinction. t
This plan attracted the attention of students of municipal affairs from all parts of the country. The legislative functions were vested in a council composed of twenty-two members elected from councilmanic districts. The councilmen elected their own president and clerk and could pass a measure over the mayor's veto by two-thirds vote. They had authority to establish police, fire and sanitary departments and create such offices as were deemed necessary. The executive powers were vested in a mayor and six departments. The mayor practically be- came the governing power. He had the general power of appointment and re- moval and wielded great influence in all legislative and administrative matters. He received a salary of six thousand dollars a year.
The six departments were: Public works, police, fire, accounts, law, chari- ties and corrections. Each department was headed by a director appointed by the mayor for two years, with the consent of the council. Each director re- ceived four thousand dollars a year except the director of law, who received five thousand dollars. All the subordinates in the departments were appointed by the directors without the consent of the council. The mayor and the direct- ors constituted the board of control, with the power of revising the ordinances referred to it by the council. They had the right to speak on the floor of the council but not the right to vote.
This was essentially a one man government, with definitely fixed responsi- bility. The people of the city became attached to it in spite of its weaknesses.
The Supreme court, on the ostensible ground that the process of special classification of cities had been carried far enough, handed down, June, 1902, the historic decisions that reversed their former sanction of this evasion of the constitution, and swept aside as unconstitutional every municipal charter in the state .* The legislature was forthwith convened in extra session and a new munic- ipal code of uniform operation in all municipalities, great and small, was enacted. The Cleveland delegation contended for a code based on their federal plan, but the influences against this form predominated.
(6) The new code was a compromise.
The mayor was retained as the executive head, with the power to appoint the principal officers not elected by the people. He likewise had the veto power, the preparing of the annual budget, and the power of suspending any officer for misconduct. His appointments of police and firemen were subject to civil serv- ice rules. He was elected for two years, and his salary was six thousand dollars a year.
Two boards were created, the board of public service with three members elected at large by the city, in charge of the parks and the streets, the public charities, the water works and all public property in general; and the board of public safety, consisting of three members appointed by the mayor. The audi- tor, solicitor and treasurer were elected by the people.
t See O. J. Hodge's "Memoriae," page 177.
* State ex rel. Kinsley et al. v. Jones et al. 66 Ohio State Reports, 453. State ex rel. Attorney General v. Beacom et al. 66 Ohio State, 491.
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The law allowed considerable elasticity, giving the council power to create such offices as were suitable to the needs of the community.
The city council consisted of one member from each ward, and four mem- bers elected at large. Its powers were almost entirely legislative, the state hav- ing reached that point of political thought where it finally could draw a more or less clear line between the legislative and executive functions.
(7) On April 29, 1908, the legislature passed the "Paine Law," which marks the final modification in the form of our municipal government. Under this law the mayor is elected for two years, and is made the principal executive officer of the city with the power of appointing a director of public service and a director of public safety, and all other municipal officers not elected by the peo- ple. The director of public service is given charge of the streets and all public works, and the director of public safety is given charge of the police and fire departments and public charities.
The mayor and the two directors form the board of control which approves all contracts, prepares estimates, and has general supervision over all public business.
The city council remains as under the former law. This is evidently a long step toward the old federal plan. This law also provides for the first time in the history of our state, a civil service commission whose duty it shall be to exam- ine all applicants for public service under the city. This board is appointed by the president of the board of education, the president of the city sinking fund commissioners, and the president of the city council. The members of the civil service commission hold office for three years, and their salary is fixed by the city council.
The city solicitor and other municipal officers are elected by the people, as heretofore.
This law went into operation, January 1, 1910.
CHAPTER XXIII.
THE POLICE DEPARTMENT.
During the pioneer days police duty was done by the posse, and if necessary, the militia. Constables were appointed by the court of quarter sessions in the territorial regime, and a sheriff was appointed by the governor when Trumbull county was organized.
In the earliest days of the village the peace of the town depended largely on the strong arm and iron will of Lorenzo Carter, who, whether he held legal office or not, was always to be depended upon to quell drunken brawls among the In- dians, and fights among the rowdies that are always found in pioneer communi- ties. "Carter's law" was highly respected.
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When the village became incorporated, a marshal was chosen by popular vote. The law provided that in case of urgency he could press others into the service. June II, 1832, the marshal was authorized "to appoint a deputy when he may be absent from the village or incapacitated by sickness." Under the charter of the city, the office of an elective marshal was retained. His salary was fixed by the council at five hundred dollars a year. April 15, 1836, Cleveland held a city election. George Kirk was elected marshal. March 6, 1838, "on motion of Councilman Noble it was decided that Marshal Kirk should retain two per cent of all fees collected."* The marshal usually owned a fine dog, one of these, a magnificent Newfoundland, became quite famous in his day as a rogue catcher. The council allowed several deputies called "watch- men" because their duties were principally the guarding of property at night. Considering the fact that Cleveland was not only a frontier town, but an important lake port and canal terminus, it is surprising that there was so lit- tle need for an organized police force, for canalmen and sailors on shore leave are not easily handled. But there seems not to have been enough work to keep even the marshal busy, for he was often required to superintend the cleaning of streets, to collect taxes and fees and do other utility jobs. Under this regime a crude police force was developed by necessity before the war broke out, when the city began to grow rapidly. The marshal and forty-four patrolmen con- stituted the force in 1865. The city council supplied the funds, patrolmen were chosen by the marshal and the council as they desired.
The second period of police history begins with the Metropolitan Police act of 1865, creating a board of police commissioners, consisting of the mayor and four others appointed by the governor of the state. The law was obviously pat- terned after the New York law and attempted to place the metropolitan police under partial control of the governor. The law went into effect May I, 1866. The first board consisted of Mayor H. M. Chapin, W. P. Fogg, James Barnett, Philo Chamberlain and Nelson Purdy. The law gave them considerable power, including the levying of a tax, which was inadequate, raising only thirty thousand dollars in 1866, when the gross expenses were fifty-one thousand, seven hundred dollars. They were limited in appointing members of the force to "one patrol- man for every thousand inhabitants of the city shown by the last federal census." The city had grown so rapidly since 1860 that this was entirely inadequate and on May 30, 1866, the city council gave them authority to appoint sixteen more patrolmen.
The board earnestly attempted several reforms. They began a crude civil service. "In appointing officers and patrolmen, the political opinions and prefer- ences of applicants have been entirely ignored by the board, reference having been had to the physical, moral and mental qualifications." t
Indicative of the semi-military character of the force, contemplated by the law, a full complement of Springfield rifles was provided and the men were drilled in
* City council records.
t See first Annual Report.
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the manual. The city was divided into four precincts : first, all the territory be- tween the river and Erie street and the "Scranton flats;" second and third, a line was drawn from Erie street eastward parallel to Euclid, three hundred feet to the north of Euclid, all north of this line was precinct two, all south of it pre- cinct three; the fourth precinct was all of the west side. Two old station houses were retained, the central station and prison on Champlain street, built in 1864, and the brick house on Vermont street, west side.
A new sociological problem was thrust upon the board by the scores of "in- digent, inoffensive persons" who sought lodging in jail over night. Beds were fitted up for them in the central station.
The board was short lived. After two years the governor failed to appoint members and the mayor alone reports as "acting board." In 1867 Dr. John Dickinson was appointed the first police surgeon at a salary of one hundred dol- lars a year. This salary was subsequently raised. He served faithfully for many years. In 1869 James McMahon was made the first captain. In 1866 J. W. Frazee was appointed the first superintendent of police, later called chief of police.
The third period of development begins with the act of March 7, 1872, estab- lishing a board of police commissioners, consisting of the mayor and four mem- bers elected by the people. The first commission consisted of Charles Otis, mayor, Dr. J. C. Schenck, John M. Sterling, Dr. J. E. Robinson and George Saal. The new board established seven precincts as follows :
First. The down town section between Erie street and the river; twenty- nine miles of street, eleven day and twenty-two night beats. Station, the three- story brick building erected in 1864 on Champlain street, two story stone jail in the rear, sixty cells, valued at one hundred and five thousand dollars.
Second. East of Erie and north of Euclid, thirty-five miles of street, five day and ten night beats. Station, two story brick house, corner Nevada and Oregon, cost twelve thousand dollars.
Third. East of Erie, south of Euclid to Atlantic & Great Western (Erie) railway tracks; thirty-five miles of street, five day and ten night beats. Station on First street near Brownell, same as No. 2.
Fourth. The business section of the west side; fifty-eight miles of street, eight day and six night beats. Station, three story brick building on Detroit street near Pearl, jail sixteen cells, cost twenty-five thousand dollars.
Fifth. West side south of Big Four tracks; forty-three miles of streets, three day and six night beats; one story brick station on Barber avenue, cost twenty-five thousand dollars.
Sixth. Fourteenth and fifteenth wards; sixty miles of street, two day and four night beats, no station.
Seventh. East of Willson avenue; fifty-eight miles of street, three day and four night beats, station a room in Hovey block, Euclid avenue, rented for seventy-five dollars per year.
Since the establishment of this second police board, the growth of the de- partment has been quite commensurate with that of the city, although the force is not as large per capita as that in other large cities. It appears that in 1874
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there was a good deal of public criticism of the force and the board in its annual report takes notice of this and replies "an officer cannot be omnipresent." The down town merchants established "merchant police" in the '70s. In 1877 there were eighty-seven of them, mostly night patrolmen.
In 1872 the emigrant police service was detailed. In 1887 the patrol and ex- change system was introduced by Chief Murphy, with fifty patrol boxes, two patrol wagons, twenty-one signal instruments and twenty-one miles of wire. In 1897 Chief Coroner detailed Patrolman George Koertle, who was an expert photographer, to go to Cincinnati and study the Bertillion system. It was then introduced here. In 1893 the first police matrons were appointed.
Under the federal plan the police administration was in charge of the director of police, who appointed the superintendent and the patrolmen. Later the board of public safety, three members appointed by the mayor, had control. At present the mayor appoints the director of public safety.
February 23, 1886, Mayor George W. Gardner offered a resolution to the board of police commissioners, providing for competitive examinations of all applicants for positions on the force. The passage of this resolution established civil service. The examinations were held by the board. In 1899 the legislature passed a law providing for the regulation of civil service in the department. This law is still the basis of the present system of competitive examinations and promo- tions of the police.
The metropolitan police act established a police insurance and health fund, controlled by the board. April 19, 1881, the legislature merged this fund into the newly created police pension fund, and three thousand, nine hundred and eighty dollars and thirty cents was thereby turned into the new fund. It was con- trolled by the police commissioners and a committee, chosen from the force, under the new federal plan by the mayor and director of police, director of law and three policemen, an arrangement that virtually exists today. September 1, 1909, the fund contained two hundred and twenty-nine thousand, nine hundred and eighty dollars and twenty-seven cents, with ninety-one officers, twenty-six widows and sixteen children on the pension roll.
There have been, fortunately, very few instances in the history of the city when the entire force was necessary to quell lawlessness, and when extraordinary precautions were necessary. In 1835 an anonymous writer in the "Cleveland Whig" says: "The general character of the inhabitants is good." There was a floating population of "some hundred landing almost daily at the wharves. The village is peaceful." 1 In the '40s there was a great deal of horse stealing in the county and on August 29, 1846, a meeting of citizens was held in the courthouse for "establishing a society for the purpose of detecting and bringing to justice horse thieves." The Cuyahoga County Anti-Horse Stealing club was organized. It is not recorded how effective the organization was.
On February 16, 1852, the first mob of the city gathered around the Homeo- pathic Medical college. It had been reported that the students had disinterred the body of a girl in Ohio City and had placed the body in a vault near the col- lege. The police were unable to cope with the mob, which demanded the right
1 "Cleveland Whig," July 14, 1835.
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to search the premises, and a member of the city council who tried to quell its fury was roughly handled. About one thousand dollars damage was done to the building. Two of the rioters were bound over on the charge of arson, twelve on the charge of riot, seven were arrested and discharged.
In 1860 a vigilance committee undertook to run out of town the keepers of disorderly houses, who had become unusually bold. They raided the places dur- ing the night using no discrimination, so that many innocent persons were injured.
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