USA > Ohio > Franklin County > Columbus > Centennial history of Columbus and Franklin County, Ohio, Vol. I > Part 10
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Enter the City of Columbus.
By an act of the legislature, passed March 3d, 1834, Columbus was in- corporated a city and divided into three wards. All north of State street constituted the first ward, all between State and Rich the second, and all south of Rich the third ward; each ward to be represented by four council- men, to be elected on the second Monday of April in the same year. The term of service of the first board to be determined by lot, and afterward one member to be elected annually from each ward. The mayor to be elected biennially by the people.
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CHAPTER IV.
COLUMBUS BECOMES A CITY.
In some respects the legislative charter of March 3, 1834, was not unlike the borough charter of 1816; while in others it was widely variant. Both are worthy of intelligent study, even in this day of advanced ideas of mu- nicipal government. The borough charter contained the most advanced ideas of the smaller municipal governments of its day, and so, also, the city charter contained the best ideas then prevalent for the large municipalities or cities. One who reads closely, and studies intelligently, both these charters, and especially the last, will discern that they were legislative enactments, directly in the interests of the citizens and rate payers, and offered little or no encouragement to politicians and job hunters.
They are a fair, and in one way, a uniform type of the village, borough and city governmental system of that age. Plain, straightforward, clear and comprehensive statements of the delegation of powers to the citizens from the higher sovereign, defining the limits within which they might exercise home rule. The widely different forms and qualities of local and municipal government which have been the vogue for the past quarter of a century, tends to give them great historical value, and make them a most important feature in the annals of the city and, therefore, worthy of historical perpetuation.
If one will read the contemporaneous record of history in the light of these enabling acts, he will be struck with the almost total absence of official scandal and realize that the official faults which were open to censure were practically only venial ones. These charters contain no doubtful grants of power, confer no india rubber prerogatives to be stretched at the inclination of the official. It was held by the statesman of that day that the opportunity to do wrong in official station was seldom, if ever, escaped by weak men and eagerly improved by dishonest ones. Hence, they barred all opportunity and the result fully justified their austerity. That even a weak man might be strong in the absence of temptation, while strong men were not always strengthened, by coming in contact with it. Plainness, directness, straight- forwardness and strict accountability in government are not so constituted as to make office holding a gold-mine, whatever they may do in the con- servation of private rights and the promotion of public virtue and civic progress.
The Charter entire follows:
Sec. 1. Be it enacted by the General Assembly of the State of Ohio, that so much of the county of Franklin as is comprised within the following limits, to-wit: Beginning at a point where the southwest corner of the new penitentiary lot bounds on the Scioto river thence north with the west line of said lot, to the north side of Public Lane, thence east with Public Lane to the east side of Fourth street to Broad street, thence east with the north side of Broad street to the east side of Seventh street, thence south with the east side of Seventh street to South Public Lane, thence west with the south
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side of Public Lane, to the alley which is the east boundary of South Colum- bus, thence south with the east side of said alley to the south side of the alley or lane, which is the south boundary of South Columbus, thence with the south side of said alley or lane to the west side of the alley or street which is the western boundray of South Columbus, thence north with the west side of said alley or street to the south side of South Public Lane, thence west to the west side of the Columbus Feeder so as to include the tow path, thence north with said tow path to the Scioto River, and in the same direction across said river, thence up the west side of said river, and in the same direction across said river, thence up the west side of said river and with the meanders until a line drawn due north will reach the place of beginning, shall be and (is) hereby declared to be a City, and the inhabitants thereof are created a body corporate and politic, with perpetual succession, by the name and style of "the City of Columbus," and, as such by that name, shall be capable of contracting and being contracted with, of suing and being sued, pleaded and being impleaded, answering and being answered unto, in all courts and places, and in all matters whatsoever and also of purchasing, using, occupy- ing, enjoying, and conveying real and personal estate and may have and use a corporate seal, and change, alter and renew the same at pleasure, and shall be competent to have, receive, and enjoy all the rights, immunities, powers and privileges, and be subject to all duties, and obligations incumbent upon and appertaining to a municipal corporation, and for the better ordering and governing said City, the exercise of the corporate powers of the same herein and hereby granted and the administration of its fiscal, prudential and mu- nicipal concerns, with the conduct, direction and government thereof shall be vested in the mayor and council, consisting of four members from each ward, to be denominated the city council, together with such other officers, as are hereinafter mentioned and provided for.
Sec. 2. That the said City of Columbus shall be, and is hereby invested as the lawful owner and proprietor, with all the real and personal estate, and all the rights and privileges thereof, together with all the property funds, and revenues and all money, debts, accounts and demands due and owing. or in any wise belonging to the mayor and council of the borough of Colum- bus, or which by or under the authority of any former acts, ordinances, grants, donations ; gifts or purchases, have been acquired, vested in or are or may be owing or belonging to the said mayor and council of the borough of Colum- bus, and the same are hereby transferred to the corporate body created and established by this act, and all suits pending and judgments recovered by, in favor of, or against the said mayor and council of the borough of Columbus, together with all rights, interests, claims and demands in favor of and against the same, may be continued, prosecuted, defended and collected, in the same manner as though this act had never been passed, and the said City shall be held accountable, and made liable for all debts and liabilities of the said mayor and council of the borough of Columbus.
Sec. 3. That the said city, shall be divided into three wards; the first ward shall comprise all the territory north of the centre of State street, the second ward all between the centre of State and the centre of Rich streets,
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and the third ward all south of the centre of Rich street, until such boundaries may be altered, or the number of wards may be increased by city council, who are hereby authorized and empowered to make alterations in the boun- daries of or to establish additional wards as the public convenience may require.
Sec. 4. That the mayor of said City shall be elected by the qualified voters thereof on the second Monday of April, biennially, and shall hold his office for the term of two years, and until his successor shall be chosen and qualified; it shall be his duty to be vigilant and active at all times in caus- ing the laws and ordinances of said city to be put in force and duly executed, to inspect the conduct of all subordinate officers in the government thereof, and as far as in his power to cause all negligence, carelessness, and positive violation of duty to be prosecuted and promptly punished; he shall keep the seal of said city, sign all commissions, licenses and permits which may be granted by or under the authority of the city council, and shall keep an office in some convenient place in said city, to be provided by the city council ; he shall perform such duties and exercise such powers as from time to time may devolve upon him by the ordinances of said city, not inconsistent with the provisions of the act, and the character and the dignity of his office, and generally do and perform all such duties, and exercise such other powers as pertain to the office of mayor; he shall in his judicial capacity, have ex- clusive original jurisdiction of all cases, for the violation of the ordinances of said city, and he is hereby vested with powers coequal with justices of the peace within said city, and shall have power to exercise the same juris- diction and authority in civil and criminal cases, within the limits of said city and shall be entitled to the same fees as justice of the peace in like cases, all process shall be directed to the city marshal, who is hereby authorized and empowered to exercise the same powers, in serving such process, levying ex- ecution and making distress on delinquents in civil and criminal cases, and shall be entitled to the same fees as constables are for the like services, and in case of misconduct in office of the mayor, recorder, treasurer, marshal, councilman, or any subordinate officer the city council have hereby power to remove him, or any of them, by an agreement of a majority of two-thirds concurring, and the mayor shall have power and it shall (be) lawful for him to award all such process and issue all such writs as shall be necessary to en- force the due administration of right and justice throughout said city, and for the lawful exercise of his jurisdiction agreeably to the usages and principles of law; Provided that in all cases brought before said mayor, for violations of the ordinances of said city, and where said mayor shall adjudge the de- fendant or defendants to pay a fine of five dollars and upwards, exclusive of costs; the defendant or defendants shall have the right of appealing from the said judgment to the court of common pleas of Franklin County, upon giving bond in double the amount of said judgment and costs, and with such security as shall be approved of by said mayor, within ten days from the rendition of said judgment, which bond shall be conditioned to pay and dis- charge the judgments and costs, which may be recovered against him, her or them, in the said court of common pleas, which appeal when perfected
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by giving bond as aforesaid, shall entitle the party appealing to the same rights and privileges, subject to the same conditions, restrictions and limita- tions, as by the laws of this state, pertain to parties appealing from the judg- ments of justices of the peace to the courts of common pleas, and the said causes so appealed, shall be prosecuted in the said court of common pleas, by indictment and trial by jury in the same manner as offences against the laws of the state are prosecuted; and it shall be sufficient to set forth in the indictment, the offence in the words of the ordinance said to be violated; and to refer to said ordinance by title only without reciting such ordinance and by concluding the said indictment against the peace and dignity of the state of Ohio. And the said court of Common Pleas of Franklin county, is hereby authorized, empowered and directed to take cognizance of, and hear and determine all such cases as shall be brought before them by appeal as aforesaid, and assess such fine, and pass such judgment against such de- fendant or defendants, as shall be prescribed by the ordinances of the city. The mayor shall moreover, have authority to take and certify the acknowl- edgments of all deeds for the conveyance or incumbrance of real estate situate in the state of Ohio. And it shall be lawful for him to order any person brought before him charged with the commission of any criminal offence in any state or territory of the United States, upon proof by him adjudged sufficient, to direct such accused person to be delivered to some suitable per- son or persons to be conveyed to the proper jurisdiction for trial.
Sec. 5. That the qualified electors of each ward in said city shall, on the second Monday of April next, elect by ballot, four members of the city council in each ward, who shall have resided in said city three years, and shall have been freeholders or householders therein one year next preceding such election, and shall be residents and inhabitants of the ward in which they shall be elected, and the members so elected shall meet in each ward within five days, and determine by lot, the time they shall severally serve; one shall serve one year, one two years, one three years, and one four years ; so that one-fourth of them shall be out every year, and at every annual elec- tion, which shall be on the second Monday in April in every year, there shall be elected one new member of said council in each ward who shall continue in office four years, and until their successors shall be elected and qualified, and the members so elected shall, when assembled together, and duly organized continue the city council a majority of the whole number of whom shall be necessary to constitute a quorum for the transaction of business; they shall be the judges of elections, and qualifications of their own members, and shall determine the rules of their proceedings, and keep a journal thereof, which shall be open to the inspection and examination of every citizen, and may compel the attendance of absent members in such manner and under such penalties as they shall think fit to prescribe; they shall meet in the council chamber or in some other convenient place in said city, on the third Mon- day in April, and after having taken the oath of office before the mayor or some other officer qualified to administer oaths, they shall elect, from their own body, a president who shall preside in their meetings for one year, and
REPRESENTATIVE COLUMBUS HOSPITALS
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a recorder and treasurer, who shall hold their offices one year, and until their successors are elected and qualified.
Sec. 6. That the city council shall provide the places and fix the times of holding their (meetings) not herein otherwise provided for, which at all times shall be open for the public; they shall appoint all assessors and col- lectors of taxes, city surveyors, clerk of the market, street commissioners, health officers, weighers of hay, measurers of wood and coal, wharf masters, and such other city officers, whose appointment or election is not herein otherwise provided for, as shall be necessary for the good government of said city, and the due exercise of its corporate powers, and which shall have been provided for by ordinance, and all city officers whose term of service is not prescribed and whose powers and duties are not defined in and by this act, shall perform such duties, exercise such powers, and continue in office for such term of time, not exceeding one year, as shall be prescribed by ordinance.
Sec. 7. That the said city council shall have the custody, care, superin- tendence, management and control of all the real and personal estate, and other corporate property belonging to said city, and all the real and per- sonal estate, money, funds, and revenues, which from time to time, may be owned by, or of right belong to said city, with full power to purchase, hold, possess, use, occupy, sell and convey the same for the use and benefit of said city and the inhabitants thereof; Provided, that the city council shall not have power to sell any public landing, wharf or wharves, dock or docks, basin or basins, or any interest therein, or part thereof, which now is. or hereafter may be used and kept for the accommodation and convenience of the merchants, and others engaged in the trade, commerce and navigation of said city; nor shall the said city council issue any printed notes or tickets to be issued under their authority, or under the authority of said city, as a circulating medium of trade or exchange, or in any way or manner, either directly or indirectly, engage in the business of banking.
Sec. 8. That the said city council shall have power, and it is hereby . made their duty to make and publish, from time to time, all such ordinances as shall be necessary to secure said city and the inhabitants thereof against injuries from fire, thieves, robbers, burglars, and all other persons violating the public peace; for the suppression of riots and gambling, and indecent and disorderly conduct; for the punishment of all lewd and lascivious be- havior in the streets and other public places of said city, and for the ap- prehension and punishment of all vagrants and idle persons; they shall have power, from time to time, to make and publish all such laws and ordinances as to them shall seem necessary, to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and con- venience of said city and the inhabitants thereof; to impose fines, forfeitures and penalties, on all persons offending against the laws and ordinances of said city, and provide for the prosecution, recovery and collection thereof ; and shall have full power to regulate by ordinances, the keeping and sale of gunpowder, within the city.
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Sec. 9. That the said city council shall have power to establish a board of health for said city, invest it with such powers, and impose upon it such duties as shall be necessary to secure said city and the inhabitants thereof from the evils, distress and calamities of contagious, malignant and infectious diseases, provide for its proper organization and the election or appoint- ment of the necessary officers thereof, and make such by-laws, rules and regulations for its government and support as shall be required for enforc- ing the most prompt and efficient performance of its duties, and the lawful exercise of its powers; they shall have power, whenever the public peace of said city shall require it, to establish a city watch, and organize the same, under the general superintendence of the city marshal or other proper of- ficer of the police, prescribe its duties and define its powers in such manner as will most effectually preserve the peace of said city, secure the inhabitants thereof from personal violence, and their property from fire and unlawful depredations; they shall establish and organize all such fire companies, and provide them with the proper engines and other instruments as shall be neces- sary to extinguish fires, and preserve the property of the inhabitants of said city from conflagration, and provide such by-laws and regulations for the government of the same as they shall think fit and expedient; and each and every person who may belong to any such fire company shall, in time of peace, be exempted from the performance of military duty, under the laws of this state; they shall erect, establish and regulate the markets, market places of said city for the sale of provisions, vegetables and other articles necessary for the sustenance, comfort and convenience of said city and the inhabitants thereof, to assize and regulate the sale of bread; and they shall have power to establish and construct landing places, wharves, docks, and basins in said city, at or on any of the city property.
Sec. 10. That for the purpose of more effectually securing said city from the destructive ravages of fire, the said city council shall have power and authority, and for such purpose, they are hereby empowered and author- ized, on the application of three-fourths of the whole number of owners or proprietors of any square or fractional square in said city, to prohibit in the most effectual manner, the erection of any building or the addition to any building before erected, more than ten feet high in any such square or fractional square, except the outer walls thereof shall be composed entirely of brick or stone and mortar, and to provide for the most prompt removal of any building or addition to any building which may be erected contrary to the true intent and meaning of this section.
Sec. 11. That the said city council shall have power, and is hereby made their duty to regulate, by good and wholesome laws and ordinances for that purpose, all taverns, ale and porter shops and houses, and places where spirituous liquors are sold by a less quantity than a quart, and all other houses of public entertainment within said city, all theatrical exhibitions and public shows, and all exhibitions of whatever name or nature, to which admission is obtained on the payment of money or any other reward; the sale of all horses and other domestic animals at public auction in the said city, and impose reasonable fines and penalties for the violation of any such
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laws and ordinances: And the said city council shall have full and exclusive powers to grant or refuse license to tavern keepers, innholders, retailers of spiritous liquors by a less quantity than a quart, keepers of ale and porter houses and shops, and all other houses of public entertainment, showmen, keepers and managers of theatrical exhibitions, and all other exhibitions for money or reward; auctioneers for the sale of horses and other domestic animals, at public auction in said city ; and in granting any such license, it shall be lawful for said city council to exact, demand and receive such sum or sums of money as they shall think fit and expedient, to annex thereto such reasonable terms and conditions in regard to time, place and other cir- cumstances, under which such license shall be acted upon, and in their opinion the peace, quiet and good order of society in said city may require; and for the violation of such reasonable terms and conditions as aforesaid, the mayor shall have power to revoke or suspend such license, whenever the good order and welfare of said city may require it, in such manner as shall be provided for by ordinance.
Sec. 12. That the said city council shall have power, and they are hereby authorized to require and compel the abatement and removal of all nuisances within the limits of said city, under such regulations as shall be prescribed by ordinance; to cause all grounds therein, where water shall at any time become stagnant, to be raised, filled up, or drained; and to cause all putrid substances, whether animal or vegetable, to be removed; and to effect these objects, the said city council may, from time to time, give order to the proprietor or the proprietors, or to his or her agent, and to the non- resident proprietors who have no agents therein, by a publication in one or more of the newspapers printed in said city, for a period of six weeks, of all or any grounds, subject at any time to be covered with stagnant water, to fill up, raise or drain such grounds at their own expense; and the said city. council shall designate how high such grounds shall be filled up and raised, or in what manner they shall be drained, and fix some reasonable time for filling up, raising or draining the same; and if such proprietor or proprietors, or agent, shall refuse or neglect to fill up, raise or drain such grounds, in such manner, and within such time as the said city council shall have desig- nated and fixed, they shall cause the same to be done at the expense of the city, and assess the amount of the (expense) thereof, on the lot or lots of ground so filled up, raised or drained as aforesaid, and place the assessment so made as aforesaid, in the hands of the city marshal, who shall proceed to collect the same, by the sale of such lot or lots, if not otherwise paid, in the same manner, with the same powers, and under the same regulations, and shall make good and sufficient deeds thereof to the purchaser, subject to the same right or redemption by the proprietor or prorietors, their heirs or as- signs, as the law prescribes, for the time, for the sale of lands for the non- payment of state and county taxes; but no penalty for the non-payment of any such taxes or assessments shall exceed twenty-five per cent.
Sec. 13. That said city council shall cause the streets, lanes, alleys and commons of said city, to be kept open and in repair, and free from all kinds of nuisances; but it shall be lawful for them to continue any building
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or erection now standing thereon, if, in their opinion, the interest and gen- eral health of said city will not be injured thereby; they shall have the ex- clusive power of appointing supervisors and other officers of streets within the said city; they shall have the power, whenever the public convenience or safety shall require it, to prohibit hogs, cattle, horses, and other description of ani- mals, from running at large in the streets, lanes, alleys, commons and other public places in said city; they shall have power to license and regulate all carts, wagons, drays, and every description of two and four wheeled car- riages, which may be kept in said city for hire, all livery stables, brokers and loan officers, and to provide for the inspection and the appointment of in- spectors of all articles of domestic growth, produce or manufacture, which may be brought to said city, or sold or purchased therein, for exportation, and not included in the inspection laws of said city.
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