Centennial history of Cincinnati and representative citizens, Vol. I, Pt. 2, Part 27

Author: Greve, Charles Theodore, b. 1863. cn
Publication date: 1904
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1048

USA > Ohio > Hamilton County > Cincinnati > Centennial history of Cincinnati and representative citizens, Vol. I, Pt. 2 > Part 27

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shal. was abolished by reason of the enormous fees attaching to the office. (Roe's Our Police, P. 43.)

THE CITY WATER WORKS.

On June 25, 1839, the city took possession of the new water works although the old officers of the company operated the plant until September 15th. By the terms of purchase for the sum of $300,000 in six percent city bonds there were transferred to the city the tracts of land lying between Front and High streets east of the Kil- gour line with the lot on the south side of Front street running to the river ( where was the en- gine house), the reservoir on High street, the pumping house on Front street, the two pump- ing engines "Vesta" and "Betsy" and 19 miles of wooden and three and one-half miles of iron pipe. (Cincinnati Annual Reports-1880, pp. 490-491.) Free water was to be furnished to Colonel Davics and his wife and family during their lifetimc.

The standing committee . of the City Council constituting the special board of directors hield its meeting in the council chamber on Saturday evening, September 7, 1839. This board included Edward Woodruff (president ) and E. Hinman, Oliver Lovell, A. Il. Ewing, N. S. Hubbell and Jonah Martin. Isaac Eveleth was elected secre- tary and Samuel H. Davies, engineer at salaries of $1,000 cach and an office was rented at the northwest corners of Fourth and Walnut streets at $7 a month. The water rates for familics were graded and ran from $io to $16 a year while the charge for a bath was $3 and cach hose, $1. The high price of fuel led to investigation by an engineer named N. Buford who submitted a report on the utilization of the water power in the Miami Canal as a substitute for the steam pumping system. The lessce of the canal power, Clark Williams, offered the privilege of water for the annual consideration of $6,000. The plan was submitted to the Council in August, 1840, but that body failed to accept it.

In April, 1842, S. L. Tatem was clected en- gineer of the water works. By virtue of an act of the Legislature, this office was made clective. This interference was resented by the Council who in the section prescribing his duties said that the only duties to be required of any engineer should be to cause the engines to be well greased or oiled, the flues to be swobbed out and the boiler to be headed up and his compensation shoukl not exceed $50 per annum. Several changes were made by the ordinance which were not of long

FOURTH STREET LOOKING EAST FROM VINE IN THE "THIRTIES."

FOURTH STREET LOOKING WEST FROM VINE IN THE "THIRTIES."

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duration but in 1846 the management was en- trusted to three members of the Council. Those selected were Samuel Fosdick who declined and was replaced by Griffin Taylor, D. F. Meader and S. E. Foote. Other candidates were R. R. Springer and George Graham. This ordinance was almost immediately repealed and the man- agement was placed in control of a board con- sisting of J. G. Rust, Nicholas W. Thomas, D. F. Meader, Griffin Taylor and A. Sawyer. A little later (1847) the Legislature placed the water works under the control of a board of trus- tees to be elected annually. The first board in- cluded Griffin Taylor, James C. Hall and Nicho- las W. Thomas. Mr. Tatem had been succeeded as engineer in 1846 by T. R. Scowden. The sec- retaries had been in turn Isaac Eveleth and J. F. Irwin who each served a year and John F. Keys who served from 1841 continuously until 1850. The new board in 1847 selected E. Hinman as superintendent, the first to hold that title in con- nection with the water works system of the city. Mr. Scowden was continued as engineer. Mr. Hinman continued to hold his position until 1852 when he was succeeded by Lewis Warden who became also engineer the following year. James Cooper was superintendent from 1854 to 1857 when Mr. Warden who had continued as engineer again became superintendent. During the latter part of this year S. W. Irwin became superin- tendent and Americus Warden, engineer. These officers were succeeded in 1859 by R. C. Phillips and George Shield, respectively. Mr. Phillips served until 1861 when he was succeeded by John Earnshaw while Mr. Shield served until 1867. Other trustees prior to the war included- such well known citizens as William McCammon, S. B. McLean, J. H. Gerard, C. W. West, George Keck and Charles Rule.

It was soon found, after the city had taken charge of the works, that the pumping power was not sufficient for the increased demand for water and in October, 1844, the directors accept- ed the proposition of Messrs. Yeatman and Shield for the construction of a new pumping power after the design of George Shield. The work was much delayed by a number of disputes be- tween the contractors and the city. The "Vesta" engine was soon abandoned and the whole pump- ing duty placed on the "Betsy." This engine did the work very well until the high water of 1846 when it broke down and as a result for a time the city was entirely without water. The new Shield engines were finally completed in March, 1846, although for a time they did not work very

successfully. High water in 1847 again suspend- ed the operations of the plant. The Shield en- gines were repaired from time to time and fin- ally for many years they were the most success- ful and economical engines in the service.

Nicholas Longworth in 1842 had urged the importance of a reservoir on higher ground and offered a site on Mount Adams for reservoir and promenade purposes for $500 an acre which he claimed was not one-fourth of its value. The proposition was rejected on the ground that the property was not worth more than half the price. Four years later the committee headed by Griffin Taylor again waited on Mr. Longworth who then offered to sell them the property for one- third less than he would to an individual. The committee again thought the price exorbitant and did not even make a report to the Council. It was said that they thought $1,400 an acre "for broken hill land too poor to raise 'sourkrout' on entirely too highi." Mr. Longworth was indig- nant and proposed in writing to the Council that the city should take possession without any fixed price and pay no interest, but when he sold adjacent ground he should be allowed within $500 . an acre of his private sale after de- ducting taxes. He claimed that in five years the property would be worth five times the sum asked and stated that at the expiration of the time he would report its value to the Coun- cil. Before three years the property was selling for from $10,000 to $14,000 an acre. He said the day was not far distant when the inquiry would be made why the Council had not acquired sites when the hills were of little value and that the statement would be made that he had urged the purchase at less than its real value to a committee of the Council "composed of the knowing ones of the city" who had been disgusted at what they thoughit was his pretended public spirit and had refused to recommend the purchase.

In 1849 a new reservoir was erected under the plans of Mr. Scowden. This, the only reservoir used in the city until 1875 was built above the ground entirely of selected and dressed limestone. A new engine was built during 1850 by Harkness & Son which had its first trial on February 17, 1851. This engine has done very satisfactory service. During the year 1853 under the direction of the board, Prof. John Locke made a comprehensive examination of the water of the Ohio and according to his report a gallon of this water contained but 76/1000 of a grain more solid matter than the

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celebrated Croton water. Another engine was built in 1854 by D. Powell & Sons.

By 1847 the use of the old wooden pipes was practically abandoned, there being before that year less than three and one-half miles of pipe in use. In 1850 the length of wooden pipe in use was 17/100 of a mile and after that year none was used. By 1845 the iron pipe had increased to 131/2 miles, by .1850 almost 46 miles and by 1860, 83.66 miles. This year ( 1860) the first 20-inch main, coated with coal tar, was laid in Pearl street from the reservoir. The reservoir capacity increased from 1,700,000 gallons in 1839 to 5,- 000,000 in 1860, while the maximum pumpage · during the same period increased from 4,200,000 gallons to 13,000,000. The total consumption of water in the city increased from 395,280,000 to 1,763,037,898 gallons and the daily gallons per capita from 24 to 30. During the same period the net annual water rent receipts increased from , a little over $58,000 to almost $170,000; the ex- penses and the net annual expense from $15,000 to $53,000. The works were estimated in 1860 to be worth two and one-quarter millions of dol- lars.

THIE COURTS.

The Supreme Court, which still held its ses- sions in each county of the State, at the begin- ning of this period consisted of Judges Lane, Wood, Hitchcock and Grimke. Wood was re- elected for the full term at the end of this year. In 1842 Hitchcock and Grimke were succeeded by Matthew Burchard of Trumbull and Nathan- iel C. Read of Hamilton County. Upon the ex- piration of Judge Lane's term ( 1844), Lane was reelected but almost immediately resigned and was succeeded by Judge Hitchcock. Upon the expiration of Judge Wood's term in 1847, he was defeated for reelection by Edward Avery of Wayne County, the former State Senator. Read resigned in 1849 and Burchard's term expired, whereupon Rufus P. Spalding of Summit county and William B. Caldwell of Hamilton County were elected in their places. Judge Avery re- signed a little later and on March 17, 1851, was succeeded by one of Ohio's greatest lawyers, Rufus P. Ranney, at that time of Trumbull Coun- ty. The last Supreme Court under the old con- stitution consisted of four very able men,- Judges Hitchcock, Spalding, Caldwell and Ran- ney. Two of these, Ranney and Caklwell, were members of the new court elected by the people by virtue of the new constitution. Associated

with them were Thomas W. Bartley of Richmond County, John A. Corwin of Champaign County and Allen G. Thurman of Ross County. With the organization of this court the practice of sit- ting in the different counties entirely ceased and Cincinnatians were obliged to present their ar- guments before the highest tribunal at the capi- tal. The Supreme Court ceased therefore to be a feature of Cincinnati life.

At the beginning of this period, Nathaniel C. Read was the president judge of the Court of Common Pleas. His associates were Henry Morse who had been elected by the Legislature in 1838 and Richard Ayres and Israel Brown elected in 1839. Read shortly afterwards re- signed to accept a position on the Supreme bench and Timothy Walker served for a short time in 1841 until the election by the Legislature in 1842 of William B. Caldwell. Caldwell in turn re- signed in 1849 to become a member of the Su- preme Court. Charles H. Brough was elected to succeed him in that year. The last presiding judge under the old constitution was Robert B. Warden, elected by the Legislature in 1850. Samuel M. Hart presided for a time before the election of Warden. The associate judges elected by the Legislature during this time, in addition to Ayres and Brown already mentioned, were Robert Moore in 1842, John A. Wiseman in 1845, James Saffin in 1846, and Robert Moore in 1849. The last Court of Common Pleas under the old constitution was made up of R. B. Warden, pre- siding judge, John A. Wiseman, Robert Moore and James Saffin, associates, with E. C. Roll as clerk.

The "Old Superior Court" lasted until the adoption of the new constitution when it was succeeded by the new Superior Court. Judge Este retired in 1845 when he was succeeded by Charles D. Coffin to be succeeded in turn by William Johnson in 1847, Charles P. James in 1850 and George Hoadly in 1851, the last judge of this court. Just prior to the adoption of the new constitution, the Commercial Court was in- stituted and of this from 1849 to 1852, Thomas M. Key was judge and Edward P. Cranchi, clerk. During 1851 and 1852 Jacob Flynn was judge of the Criminal Court and Daniel Gano, its clerk.

The constitution of 1851 provided that Ham- ilton County should constitute one judicial dis- trict. The terms of the old judges and clerks had been extended by the schedule to the second Monday of February, 1852, at which time the new officers elected in October, 1851, took their

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seats. The first judges of the Common Pleas Court to be elected under this constitution were A. G. W. Carter who served 10 years until 1862, Stanley Matthews who served less than a year at which time he resigned to become a member of the firm of Worthington & Matthews and Robert B. Warden who also served but a short time, resigning in April, 1852. These judges were all elected for a term of five years at a salary of $1,500 a year. Donn Piatt was ap- pointed to succeed Warden in April, 1852, but also resigned in October of that year. John B. Stallo was appointed to succeed Matthews but he too resigned in May, 1854, and was succeeded by Nelson Cross who served until October, 1854. Washington Van Hamm succeeded Cross at this time. Edward Woodruff succeeded Piatt in November, 1852, but resigned in May, 1854, at which time he was succeeded by James Parker. This made the court consist of Carter, Parker and Cross in the carly part of the year 1854, Van Hamm taking Cross' place in October of that year. At the next election in 1856 Judge Carter was reelected and his associates were Pat- rick Mallon and Melancthon W. Oliver, whose terms began in 1857. Judge Oliver resigned in October, 1859, and Governor Chase appointed W. M. Dickson to succeed him who served until November 7th of that year at which time Isaac C. Collins who had been elected in October suc- ceeded him and served out the remainder of the term until February, 1862. This made the court at the beginning of the war consist of Carter, Mallon and Collins. At this time the salary was $2,000 per annum, The three judges of the Court of Common Pleas together with one judge of the Supreme Court constituted the old Dis- trict Court,-a court of review. In fact the judge of the Supreme Court after the first few years very seldom sat in the District Court, as the three county judges constituted a quorum.

The new Superior Court of Cincinnati was es- tablished April 7, 1854, and had concurrent jur- isdiction with the Court of Common Pleas in civil cases arising or where one of the defendants resided in the city of Cincinnati. This court which has from its organization been the special pride of the bar of the city was organized in 1854 with Judges Oliver M. Spencer, William Y. Gholson and Bellamy Storer on the bench. By classification by lot among themselves, Judge Gholson received a commission for the full term of five years, Judge Spencer for four years and Judge Storer for three years. This court con- tinned unchanged for five years at which time

Judge Gholson retired. He was succeeded by another distinguished lawyer, George Hoadly. The second vacancy on the bench was caused by the death of Judge Spencer in 1861 and was filled by another celebrated lawyer, Stanley Mat- thews. Judge Storer served until 1872.

The constitution of 1851 provided especially for the establishment of a Probate Court in cach county to which was transferred jurisdiction in probate and testamentary matters, the appoint- ment of administrators and guardians, and the settlement of their accounts, the issuing of mar- riage licenses and other similar probate busi- ness.

The first Probate judge of Hamilton County was John B. Warren, who served from 1852 to 1855. He was succeeded by John Burgoyne who served until 1858, to be succeeded in turn by George H. Hilton who served until the early part of the war ( 1861.)

The municipal code of 1852 also provided for a Police Court in cities of the first class. The first judge of this court was William L. Spooner, who served from 1853 to 1855. He was fol- lowed by Andrew J. Pruden and D. P. Lowe, each serving a three-years term.

Another important office provided by the same municipal code was that of city solicitor. The first to hold this office was E. A. Ferguson, the celebrated "Father of the Southern Road." He was succeeded by Patrick McGroarty and after- wards by Samuel Hart. George Hoadly was the incumbent in 1856-57. In 1859 and 1860 Ruth- erford B. Hayes was the city's legal adviser. The newly established office of prosecuting at- torney of the Police Court was held by some very eminent lawyers, beginning in 1853. with W. M. Dickson, who was followed by Thomas A. Lo- gan, H. B. Brown and Edgar M. Johnson, who held this position at the outbreak of the war.

THE "OLD COURT HOUSE " AND ITS SUCCESSORS.

The "Old Court House," which had been the seat of justice since 1819, was burned to thie ground on the afternoon of Monday, July 9, 1849. It caught fire from a neighboring pork- house conflagration "and soon roof, dome, cupo- la, spire and steeple were wreathed and envel- oped in smoke and flames." In a short time nothing but its blackened walls were left and the circling pigeons driven from their nests in the cupola seemed most to grieve over its loss.

Temporary quarters for 'the courts, county offices and Law Library were soon secured in a large brick building on the northwest corner of

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Court street and St. Clair alley, owned by James Wilson and afterwards used as the pork packing house of Wilson, Eggleston & Company. The second floor was devoted to offices; on the third were the rooms of the Supreme, Common Pleas, Superior and Commercial courts, and the Law Li- brary. After 1852, the third floor was given up to the Common Pleas courts and the Superior Court was removed to a building across the alley on Court street. The two buildings were con- nected by a bridge.

In 1851, the county commissioners awarded the contract to M. 11. Cook & Company, for the erection of a new Court House to be built ac- cording to the plans of Isaiah Rogers, the archi- tect of the Burnet House. This was to be placed on the site of the old and the present Court House.

The authority of the commissioners was lim- ited to the expenditure of $200,000. The bid was for $695,253.29; this was accepted over the protest of one of the commissioners and Cook proceeded with the work. Shortly afterwards Jesse Timanus who had favored the contract was elected commissioner and immediately ex- perienced a change of view. He united with the dissenting commissioner and notice was given to the contractor to cease the work. Naturally liti- gation followed, resulting in many delays and changes. However, the work had proceeded so far that in 1852 the county commissioners or- dered the removal of the courts to the rooms on the lower floor of the new building. They were small and poorly lighted and quite cold, not nearly so good as the rooms in the warehouse from which the courts had removed. Finally the courts refused to occupy them any longer and the sheriff, Gassaway Brashears, was ordered pe- remptorily to procure more suitable quarters. He thereupon rented from the attorney Henry Snow the large extensive building upon the northeast corner of Ninth and Walnut and here the courts sat until the court rooms in the upper stories of the new Court House were ready for occupancy. This well known building served its purpose for more than 30 years until it was destroyed by the mob in 1884. The jail was not built until 1861. Up to that time the old jail on the west side of Sycamore between Hunt and Abigail was used. This structure served the county for almost forty years. It was a brick building containing 14 rooms and was surrounded by a high brick wall.

THE UNITED STATES COURTS.

In March, 1855, as a result of the division of Ohio into two districts, by act of February 10, 1855, the United States courts for the Southern District of Ohio were moved from Chillicothe to Cincinnati. The judge of this court was Humphrey H. Leavitt, who had been United States District judge for the State of Ohio since 1834 and remained the judge for the Southern Distriet until 1871, when he retired. Shortly after the organization of the court, it was in- stalled in the new building at the corner of Fourth and Vine. Judge John McLean, the jus- tice of the Supreme Court for this circuit, pre- sided in many of the most important causes of this time.

THE POST OFFICE.

Up to the year 1841 there had been but five postmasters in Cincinnati-Abner M. Dunn, Will- iam Maxwell, Daniel Mayo, William Ruffin and William Burke. In 1839 the Post Office, on Third between Vine and Walnut, received each week about 80 mails.

After the accidental succession of John Tyler to the presidency in 1841, William Burke was re- moved and William H. H. Taylor, son-in-law of President Harrison, was appointed. Father Burke, as he was familiarly called, served under James Madison, James Monroe, John Quincy Adams, Andrew Jackson's two terms, Van Buren and General Harrison until the last named President's death.

The Gazette of November 1, 1841, notes the completion of a new building on East Third street a few doors east of the Henrie House, be- tween Main and Sycamore, built by R. L. L'Hom- medieu expressly for the Post Office which was to be located on the lower floor. The second story was to be used for offices and on the third floor was a large hall for public meetings and concerts. On November 6th E. P. Langdon, the assistant postmaster in the absence of Postmas- ter W. H. H. Taylor, announced that the Post Office would be removed on that day. This building was afterwards celebrated under the name of the St. Charles.

Mr. Taylor was removed by President James K. Polk and George Crawford appointed in 1845, when the office was again removed, this time to the corner of Third and Walnut streets under the Masonic lodge room.

When Gen. Zachary Taylor was elected President, he removed George Crawford and Maj. William Oliver was appointed in 1849, he

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removing the office to the Art Union Building, on the northwest corner of Sycamore and Fourth streets. The location of the office had been so frequently changed at the whim or to subserve the interest of the postmaster and the place se- lected was not thought suitable, as a result of which a large number of merchants expressed much indignation. They soon, however, became reconciled to the new state of affairs. Major Oliver died while in office and his son-in-law, James C. Hall, was appointed to the vacancy, serving the term out under President Fillmore.

Dr. John L. Vattier was appointed in 1853 un- der President Pierce and the office was then per- manently located, as was supposed, in the new Government Building, corner of Fourth and Vine streets. The site of the old Post Office at Fourth and Vine, was purchased in September, 1851, by the government for $50,000 from Dr. Shotwell, Joseph Bates, the hatter, and Nathan Guilford, who resided on the premises. The construction

of the building required seven years, at the end of which time the Post Office was removed from the northwest corner of Fourth and Sycamore streets. President James Buchanan removed Dr. Vattier and appointed J. J. Faran who was also removed during the same administration and Dr. Vattier again appointed on October 21, 1859, to serve to April 5, 1861.

FEDERAL OFFICES.

In 1839, and for some years later, the office of the Surveyor General of the United States was in the Lytle mansion on Lawrence street. The incumbent at that time was Ezekiel S. Haines, who had succeeded Robert T. Lytle in 1838. The Lytle family had held this office since 1829 (the date of the appointment of Gen. William Lytle) except for the years 1831 to 1834 when it was held by Micajah T. Williams. J. B. Warren was the surveyor of the port and depository of public moneys for the United States at this time.

CHAPTER XXXVII.

FROM THE SEMI-CENTENNIAL TO THE WAR-II.

THE CITY'S GROWTH.

THE CITY IN 1839-40 -SHAFFER'S DIRECTORY -CINCINNATI IN 1841 -GROWTH IN POPULATION- BUILDING IN THE "FORTIES "-CINCINNATI IN 1851-JUST BEFORE THE WAR.

THE CITY IN 1839-40.

The "Cincinnati Almanac" of 1839 published by Glezen & Shepard contains a small map of Cincinnati with a miniature picture of the landing and the town at the margin of the map. This gives the location of the principal buildings in- chiding the Court House, Post Office on the north side of Third street cast of Walnut, the Cincinnati College, Woodward College, Medical College of Ohio on the south side of Sixth west of Vine, the Western Museum on the southwest corner of Main and Pearl streets, Pearl Street House at the northeast corner of Walnut and Pearl, Broadway Hotel at the southeast corner of Second and Broadway, Cincinnati Hotel at the northwest corner of Front and Broadway, Ex- change Hotel on the Public Landing just west of Sycamore street, Dennison Hotel at Fifth and Main streets, Mansion House on the west side of Main street below the canal almost opposite North Court street. The map shows the Miami Canal clear to the river at the month of Deer creek and the White Water Canal south of Pearl street extending almost to Western row. The map is shaded to show the improved portions of the city. This in the main includes all the river front from Butler to John and extending back almost to the canal. The stretch west of Plum between Water

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Centennial history of Cincinnati and representative citizens, Vol. I, Pt. 2, Part 27

Author: Greve, Charles Theodore, b. 1863. cn Publication date: 1904 Publisher: Chicago : Biographical Pub. Co. Number of Pages: 1048

Author: Greve, Charles Theodore, b. 1863. cn
Publication date: 1904
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1048