Centennial History of Butler County, Ohio, Part 34

Author: Bert S. Bartlow, W. H. Todhunter, Stephen D. Cone, Joseph J. Pater, Frederick Schneider, and others
Publication date: 1905
Publisher:
Number of Pages: 1149

USA > Ohio > Butler County > Centennial History of Butler County, Ohio > Part 34

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That is what is being done today in Hamil- ton. It is the occasion of Butler county's cen- tennial. It is highly fitting that such an event be appropriately observed and celebrated. We moderns are too prone to pass by such affairs. But, thanks to Stephen Decatur Cone, the occasion was not allowed to pass unobserved. By personal

work and solicitation, often under discourage- ments, Mr. Cone pushed along this centennial idea and the events and festivities of today are the re- sult of his work. At such a time it is proper to say a word of credit and place it where it be- longs as much for the future as the present gener- ations.

The celebration of Butler county's centennial marks & period of progress that is familiar to many. Butler county has forged ahead in the ranks of population and business until she stands among the first of Ohio's counties. There are two good cities, Hamilton and Middletown, and a beautiful little college town, Oxford. The people all over the county are of a superior class intel- lectually and morally and in a commercial way. No better people live on earth than right in old Butler county.

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CHAPTER V

MUNICIPALITIES AND TOWNSHIPS.

HAMILTON.

Hamilton is situated on both banks of the Great Miami river. The original name of the Miami river was Te-wighte-wa. which was also the name of the Miami tribe of Indians. On the first intercourse of the whites with them the old Indians of the Miami tribe called themselves by that name.

Hamilton is situated in thirty-nine de- grees twenty-six minutes north latitude, and eighty-four degrees and thirty-one minutes west longitude from London, or seven de- grees twenty-nine minutes west from Wash- ington. The upper plain, where the court house is located, is thirty-five feet above the surface of the water in the Miami river at low water mark. The soil is alluvial, resting on a strata of gravel at least forty feet thick. Water is everywhere to be obtained in abundance by digging to a level with the water in the river. The water in the wells rises and falls with the Miami, and they are supplied by water filtering through the gravel from the river. The water obtained is strongly impregnated with lime.

The Hamilton plain extends east about a mile to the base of the hills, which ulti- mately rise to a height of two hundred and fifty feet above the plain. The hills run in a southwardly direction, then gradually in- cline to the southeast. presenting a level plain or valley between them and the river at and below Hamilton. The site where Hamilton now stands, when first explored was mostly covered with a dense forest of timber, with thick underbrush. A mile to the south was a pond covering over one hundred acres of land. evidently the bed of the river at no very remote period. The tract of land lying between this pond and the river comprehended over six hundred acres, and was at that time a beautiful meadow covered with high grass. In what is now the north part of the town, was also a prairie of about fifty acres.

LAYING OUT OF THE TOWN.

Fort Hamilton was maintained as a gar- rison until in the summer of 1796, when its

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public stores and property belonging to the garrison were sold at public auction, and the fort abandoned. Prior to this time there were but few persons living near the fort, Among whom were Charles Bruce, who, in 1793, settled about a mile and a half below the fort, at the outlet of the pond, and David Beaty, a mile south of the fort, near the junction of the two turnpikes now leading to Cincinnati.

After the fort was abandoned, Israel Ludlow, the proprietor of the land, estab- lished a settlement in the immediate vicinity of the fort and gave it the name of Fair- field. The name was, however, soon changed to that of Hamilton. in remem- brance of the fort, which name it bears at present.

The ground on which the town of Ham- ilton is laid out is within the tract of land sold by the congress of the United States to John Cleves Symmes in 1787 and after- ward conveyed to him by patent bearing date of September 30, 1794.

The third entire range of six miles wide, within this purchase extending from the Great Miami river to the Little Miami river was conveyed to General Jonathan Dayton by John Cleves Symmes, as appears by deed bearing date 30th day of October, 1794. On July 27, 1795, Jonathan Dayton conveyed the fractional section 2 in town- ship 1 of range 3. in said purchase, to Israel Ludlow by whom the present town of Ham- ilton was laid out on said fractional section. In the year 1794 a few lots were laid out and sold by Israel Ludlow in the lower part of the town, in the immediate neighborhood of the garrison. The lots in the upper part of the town were laid out in the years 1796- 97. Among the early settlers who purchased

lots and located there were Darius C. Orcott, John Greer, John Sutherland, John Torrence, Benjamin Davis, Isaac Wiles and Andrew Christy.

The town of Hamilton being laid out un- der the government of the Northwest Terri- tory there was at that time no law requir- ing town plats to be placed on record, con- sequently the plat of Hamilton was not re- corded at that time. However, on April 28. 1802, Israel Ludlow placed the town plat on record in the county of Hamilton at Cincinnati, where it may be found in Book E, No. 2, page 57.

According to the plan of the town of Hamilton placed on record by Israel Lud- low. the streets are sixty-six feet wide, ex- cept High street, which is ninety-nine feet wide. Alleys are sixteen feet wide. The en- tire town lots are six poles by twelve, con- taining each seventy-two square poles. En- tire outlots contain each four acres. How- ever, it has been said that the town was originally laid out with a two-pole chain which was three and one-half inches too long; hence, it has been the practice with surveyors in measuring lots in Hamilton, to add three and one-half inches to each two poles of measure, to correspond with the lots, and throw the improvements of indi- viduals on the ground which they believed they had purchased. This circumstance was early known to the proprietor, but having previously sold a number of lots in different parts of the town to individuals who had made improvements on them, he instructed his agents to survey and lay out the lots in such a manner so that each person should have the lot on which he had made his im- provements. To correct this error in meas- ure. as far as practicable. an addition in

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width was made to High street running east and west through the town. This street, as appears by the original plat of the town, was intended to be six poles wide; it is, however, found to be one chain and eighty-two links wide, which it is said, is occasioned by taking the surplus measure from the lots in that part of the town and throwing it into that street. This mode of measurement was practiced previous to the year IS08.

In August. 1831, an accurate measure was made from the north to the south line of the town of Hamilton, along Second street (or Main street), with due regard being had to the oldest buildings, and ancient marks or monuments which could be identified. From a stone which is sunk in the ground at the southeast corner of the public square, to the most southwardly line of the in-lots of the town, as marked by improvements, the distance is eighty-seven poles, twenty- one chains, seventy-five links with the addi- tion of twelve feet eight inches, being an addition of three and one-half inches to each two poles, with which measure and allow- ance it holds out exactly.

On measuring from the corner of the Hamilton Hotel, near the site of the Miami Valley Bank building, on High street, to the north line of the in-lots at the northeast cor- ner of in-lot No. 234 (the lot then owned by Mr. William Pay), the distance was found to be thirty-nine chains and eighty-five links. The true distance according to the town plat ought to be one hundred and fifty-seven poles, (thirty-nine chains twenty- five links), to which distance after adding twenty-two feet ten inches, or three and one-half inches for each two poles, there still remained a surplus of twenty-four links, or

nearly sixteen feet to reach the north line of the lots, as designated by the improve- ments.

On measuring from the corner of the Hamilton Hotel site to the north side of Day- ton street, ranging according to the build- ings at present erected on that side of the street, the measure holds out strictly by al- lowing the addition of three and one-half inches to each two poles.

On measuring north past the next block of lots to the next street north, the surplus seems to increase, so as to leave an addition, over and above the three and one-half inches to each two poles, and continuing north to the north line of the street running east and west, and south of Isaac Wiles' house and the lot where James Heaton formerly lived, the surplus measure is found to be about ten feet over and above the usual allowance of three and one-half inches to each two poles, that is twenty-five feet, when the us- ual allowance would only be fifteen feet. And on reaching the north line of the lots of the town, the measure is found to be about sixteen feet, after measuring strictly and adding the additional allowance of three and one-half inches for each two poles.

Cornelius R. Sedam, of the county of Hamilton, in the year 1804. laid out twenty ten-acre lots in the northeast corner of the fractional section No. 1, in the first town- ship of the third or military range, lying on the south and adjoining to the other out- lots of the town.

On November 13, 1826, William Mur- ray laid out a number of town lots in further addition to the town of Hamilton, on the Miami canal, in the southwest part of sec- tion No. 32, in township No. 2 of the third range. Said lots are laid out on both sides

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of the canal, and extending westwardly along the basin and High street to near the out-lots of the original plan of the town. This place afterwards acquired the sobriquet of Debbsville, by which name it was known for many years.

Several other additions have been added from time to time, as persons proposed to purchase, or circumstances seemed to re- quire.

THE FOUNDING OF ROSSVILLE.

Rossville was laid out in 1804. It was the first town established west of the Miami River, in what is now territory of Butler county. Prior to 1801 no improvements had been made on that side of the river, and the only inhabitants were the Indians and a few squatters. The land belonged to the United States Government, and the first sales of the public lands were held at Cin- cinnati on the first Monday of April, 1801. At this sale a company, composed of Jacob Burnet. James Smith, William Ruffin, John Sutherland and Henry Brown, purchased section No. 36. town 4. range 2, and frac- tional sections Nos. 31 and 32, town 2. range 3 lying on the west side of the Miami River, opposite the town of Fairfield, the site of old Fort Hamilton. On a part of this tract the town of Rossville was laid out, the plat of which bears date on the four- teenth day of March. 1804. It was named after James Ross. of Pittsburg. The town then laid out consisted of one hundred in- lots, five poles wide by ten poles deep ; twelve fractional lots. next the river, five poles square, and twenty outlots, most of them containing four acres each. The inlots 53 and 58 were given by the proprietors to the county of Butler for public purposes. and

the ground lying between Water street (now A street ) and the river was given for a public common, to be kept open forever. The fractional outlot No. 20 was given for a burying-ground, which is now included with the Sutherland Park, on Park avenue, be- tween D and E streets.

The first sale of lots was held on the ground, on the fourteenth of March, 1804. The lots were offered at auction, and a con- siderable number of them sold at fair prices. At the time Rossville was laid out there were few buildings on the plat. One was located near where the west end of the bridge now is, and was then used as a tavern by Archibald Talbert. The building, which later was known as the Morner stand, stood . until about ten years ago. In May. 1804. a number of out lots were laid out by the proprietors in addition the town of Ross- ville, and adjoining it on the west and south. The plan of the additional lots are numbered from No. 21 to 38 inclusive, and are not on record, except as they appear on an old map of the town which shows the plan of the additional outlots, laid out at that time. The map was made by John Reily. of Hamilton, and was formerly in his possession. Mr. Reily was the general agent for the propri- etors .who laid out the town and superin- tended the sale of lots for them. Those out- lots were offered for sale at public auction on May 16. 1804, and the whole of them were sold at prices ranging from twenty-five to twenty-eight dollars each. On Novem- . ber II, 1818, John Sutherland and Samuel Dick, who had then become the proprietors of the unsold ground adjoining Rossville on the north, laid out a further addition to the town. extending from in-lots No. 101 to

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No. 112 inclusive, and also three out-lots on the north of the burying-ground (now the park ) Nos. 39, 40, 41 and 42.

The original out-lots numbered 9 and 10. in the northwest part of the town, were subdivided and laid out into building lots by Robert B. Millikin and William Taylor on April 21. 1831. They are numbered from 113 to 140 inclusive.

MUNICIPAL DEVELOPMENT.

Prior to its incorporation, by special act of the Ohio legislature, in January, 1810, Hamilton was a mere hamlet of Fairfield township and the officials of that township had jurisdiction over its affairs. When the town was laid out, in 1794, it was called Fairfield. but the name was afterwards changed to Hamilton. After its incorpor- ation it was governed by a president and three trustees, who were elected by the peo- ple, and who organized a corporate govern- ment and regulation of the town, that re- mained in force for four succeeding years. On account of some irregularity there was no election held in 1815, in consequence of which the corporation became forfeited and so remained until 1827, when the town was again incorporated, together with Rossville, under the name of "The towns of Hamilton and Rossville." The powers and duties of the new corporation were vested in six trus- tees, who held their office two years, and ap- pointed out of their own body a president and recorder. The towns were divided into districts or wards, Hamilton forming one and Rossville the other, the citizens meeting in their respective wards and each electing their trustees. Under this plan of organiza- tion the towns continued to prosper, under a well-regulated police. for four years. In

January, 1830, the legislature passed a law authorizing the corporation to grant licenses to grocers and retailers of spirituous liquors. In the course of time, jealousies springing up between the two towns, on the petition of the citizens of Rossville the connection between them was dissolved by the legis- lature. in February, 1831, and each erected into a separate corporation. In February. 1833. the charter of the town of Hamilton was modified by an act of the legislature, by which the government was vested in a mayor and six trustees, to be elected by the citizens for the term of three years. This act authorized the levying of a tax of one- fourth of one per cent. for corporation pur- poses. The citizens met in May, 1833, and elected James McBride mayor and John Woods and others trustees, who organized themselves and appointed John Woods re- corder. This board enacted a new code of ordinances for the regulation and govern- ment of the town, and commenced grading and improving the streets. On February 14, 1835. the legislature authorized the corpor- ation to draw water from the basin for the purpose of extinguishing fires, on which privilege being granted, the corporation, in 1836, laid pipes from the basin down Basin street as far as Front street, with pipes lead- ing from there and connecting with two cis- terns, constructed in the public square.

March 7. 1835, the legislature passed a law further modifying and amending the act of incorporation. This changed the name of the corporation to that of "The town of Hamilton." They were authorized to levy a tax of one-half of one per cent. for corporation purposes : to borrow money, not exceeding fifteen thousand dollars; to ap- point a wharfmaster; gave them the use of

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the county jail and provided for filling the office of mayor, in case of vacancy

The corporate powers of the town of Hamilton were vested in a mayor and six trustees. The mayor presided at the meet- ings of the board and was the judicial of- ficer to carry into effect the ordinances passed by the board, and had all the powers vested in a justice of the peace. In criminal cases the marshal might serve process in any part of Butler county. The corporation had power to appoint a recorder, treasurer. marshal, wharf-master, supervisor of streets and highways. inspector and measurer of wood, tanner's bark. lumber, and other ar- ticles of domestic growth, and regulate their duties. The corporation was vested with power to make ordinances and by-laws for establishing and regulating the market, or- ganize fire companies, and provide for the extinguishing of fire ; to regulate the streets, alleys and highways, and generally to make such ordinances and regulations for the safety. health, cleanliness and convenience of the citizens as was usual in like corpor- ations. Subsequently a common council suc- ceeded the trustees and was given similar power.

For a long time the citizens of both Hamilton and Rossville had perceived the vital necessity which existed for a union of the two towns, and the matter was taken up seriously and moved to successful comple- tion in 1854. Ordinances of annexation were passed by the common councils of both villages, and at an election held on the first Monday of April. 1854. the question, hav- ing been submitted to the legal voters, was adopted by a majority of 261 votes in favor of the proposition, in a total of 719 votes cast, and the consolidation soon after be- came a fixed fact. A new organization for

the government of the town of Hamilton was effected under the statutes of the state regulating municipal corporations. It was governed as a town until by progress and in- crease of its population to five thousand, as required by law, the town of Hamilton be- came the city of Hamilton in the year of 1857. Under the administration of Mayor M. N. Maginnus, in 1877. the police system was introduced and patrolmen took the place of the city marshal and his assistants. Until the enactment of the law cre- ating the board of public affairs, in 1889, Hamilton city was under the government of a mayor and common council. It was divided into four wards, but in 1882 the fifth ward was created, and the council num- bered ten members. The councilmen elected a clerk and a sergeant-at-arms. All city of- ficers held their positions for two years. The mayor had jurisdiction as a justice of the peace, and had, in addition, power to en- force the city ordinances. He took part in the deliberations of the common council, but had no vote. He was the chairman of the newly elected body until its organization. The police were appointed by the mayor, subject to the confirmation of council. The council appointed a market master, city so- licitor, city clerk, street commissioner, mar- shal. who by virtue of his office was chief of police. and chief of the fire department. There was a board of health and after the establishment of the municipal plants boards of trustees were provided for their govern- ment and control.

THE BOARD OF PUBLIC AFFAIRS.

On January 31. 1889, a bill was passed by the Ohio state legislature which in its provisions materially changed the operation of the municipal government of the city

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of Hamilton. This bill provided for the appointment by the governor of a "Board of Public Affairs," which should consist of four members, two from each of the leading political parties, said board to have the en- tire charge of the city police department, the fire department, the street department and the department of public health. In con- sequence of this act, the board of health and the office of city commissioner were abolished. Under the provisions of the act the board of public affairs appointed all members of the police and fire departments, though the offices of chief of police and chief of the fire department were continued, the board making all the subordinate ap- pointments. The board took entire charge of the street cleaning and repair work, hav- ing the work done in such a manner as they thought best, either by the day or contract. As a substitute for the abolished board of health, the regular patrolmen were given the powers of sanitary police, and, when necessary, the board of public affairs was empowered to employ a medical or sanitary expert. The bill prohibited the discharge of any public employee for political reasons and at the same time forbid employes from engaging in any political convention, fur- ther than simply exercising his right of suf- frage. Other provisions of the bill regu- lated the maximum salaries to be paid the various employes of the municipality, and also required the board to organize and go into operation within sixty days after the passage of the act.

The first board of public affairs ap- pointed by the governor consisted of O. V. Parrish and Henry Schlosser, for four years, and William J. Coakley and W. C. Shep- herd for two years. However, one year

after its creation, the board was abolished by an act of the legislature and the city government was again administered in the manner in which it had been prior to the experiment.

THE BOARD OF CONTROL.

Probably the most beneficent measure ever passed by the Ohio state legislature which in its operation affected the municipal government of the city of Hamilton, was the bill providing for a new charter for the city and the creation of the board of control. Under the old plan of city government the city affairs had been administered by a num- ber of boards and officers, thirty-three of- ficials in all, who sometimes came in con- flict and who it could hardly be expected would always work in harmony. The new bill provided for a radical change in the plan of government, as it abolished the city council and the several boards and officers having in charge the management of the electric. gas and water works, the streets, sewers, parks, public library, and police, fire and health departments. In their stead the bill provided for the appointment of a board of control, consisting of five members, upon whom was conferred executive authority not only to direct the management of the board was also vested with the power to departments of city government, but the legislate, and to enact all ordinances and other measures necessary to the successful administration of the affairs of the mu- nicipality.

The radical change indicated above was not brought about without strenuous op- position. The question of a new city char- ter had been agitated for several years by those who realized the defective points in

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the existing system. A number of public meetings had been held and a committee appointed for the purpose of drafting a new plan of city government. At a public meeting of the citizens the plan proposed by this committee was carefully considered, section by section, and was finally approved and adopted. This plan as approved by the citizens was presented to the state legis- lature for enactment into law, but various influences combined to prevent its enact- ment, among the opponents of the measure being the representative from Butler county. The citizens of Hamilton were not, how- ever, deterred by this action, and in 1897 the demand became general for a plan of city government that would be simpler and more concentrated in its operation and re- sponsibility. At this time Hon. Bert S. Bartlow was our representative in the lower house of the legislature and he ex- pressed a willingness to champion the pro- posed bill and to make an effort to secure its enactment into law. The bill as intro- duced into the house by him was substan- tially the measure as adopted by the citizens at the meetings heretofore referred to, the only material change being that the bill pre- sented by him provided that the resident judge of the court of common pleas should appoint the first board.

The bill was formally introduced into the lower house on January 26, 1898, and on the following day was referred to the committee on municipal affairs. Then be- gan one of the hottest contests ever wit- nessed in the Ohio legislature over the en- actment of any law. Strong opposition de- veloped to the measure and much bitter po- litical feeling was engendered over the ap- pointive feature of the bill. The advocates

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Centennial History of Butler County, Ohio, Part 34

Author: Bert S. Bartlow, W. H. Todhunter, Stephen D. Cone, Joseph J. Pater, Frederick Schneider, and others Publication date: 1905 Publisher: Number of Pages: 1149

Author: Bert S. Bartlow, W. H. Todhunter, Stephen D. Cone, Joseph J. Pater, Frederick Schneider, and others
Publication date: 1905
Publisher:
Number of Pages: 1149