USA > Ohio > Franklin County > Columbus > Centennial history of Columbus and Franklin County, Ohio, Vol. I > Part 11
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75
Sec. 14. That to defray the current expenses of said city, the said city council shall have power to levy and collect taxes on the real and per- sonal property therein, as the same has been or shall be appraised and re- turned on the grand levy of the State: Provided, the amount of taxes levied as aforesaid shall not in any one year exceed one-fifth of one per centum on the aggregate value of taxable property in said city: they shall also have power, whenever, in their opinion, the interest of said city shall require it, to levy and collect taxes on dogs and other domestic animals, not included in the list of taxable property, for state and county purposes, which said taxes shall be collected by the city marshal or collector, and paid into the city treasury, in the same manner, with the same powers and restrictions, and under the same regulations, and in all things as to the sale of real or personal property therefor, he shall act according to the provisions and reg- ulations of the law, for the collection of taxes for state and county purposes ; and they shall have power to levy and collect a special tax from the real estate of any section, square or part of a square, or market place of said city, on the petition of the owner or owners, of not less than two-thirds in value thereof, for opening, paving, repaving or improving any sreet, lane, or alley bounding on or within the same, or for the purpose of lighting any section, street, lane or alley bounding on or within the same; Provided, that for the purpose of lighting such section, street, lane or alley, the owner of owners of not less than two-thirds of the real estate bound on or within the same, and both sides thereof, shall petition therefor, and for no other pur- poses whatever, the city council shall moreover have power, when two-thirds of the members elected shall deem it necessary to assess a special tax for sup- plying said city, or any portion thereof, with a night watch.
Sec. 15. That the said city council shall have power, whenever the public good shall require it, to erect a city prison, and to regulate the police or internal government of the same; that said city prison may contain cells for solitary confinement, and such apartments as may be necessary for the safe keeping, accommodation and employment of all such persons as may be confined therein; that the said city council shall have power to pass all such ordinances as may be necessary for the apprehension and punishment of all common street beggars, common prostitutes and persons disturbing the
121
CENTENNIAL HISTORY OF COLUMBUS
peace of said city, who, upon conviction thereof before the mayor, in such manner as the said city council shall prescribe, may be fined in any sum not exceeding one hundred dollars, or be confined in the cells, or kept at hard labor in said city prison for any length of time not exceeding fifteen days; that any person convicted before the mayor, under the provisions of this act, of any offence which, by the laws of the State of Ohio, is punishable in whole or in part, by confinement in the county jail, may be confined in the cells of the city prison, for any time not exceeding that specified by the laws of this State, for the punishment of such offense, or such persons so convicted, as aforesaid, may be kept at hard labor therein for the said term of confine- ment: And, provided also, that until such city prison shall be prepared for the reception of prisoners, the said city shall be allowed the use of the county jail of Franklin County, for the confinement of all such persons as may be convicted before the mayor, and who shall be liable to imprisonment under the laws of this state, or the ordinances of said city; and all persons so im- prisoned, shall be under the charge of the sheriff of said county, who shall receive and discharge such persons in and from said jail, in such manner as shall be prescribed by the ordinances of said city, or otherwise, by due course of law; and after the said city prison shall be erected and prepared for the reception of prisoners, the marshal of said city, in the control, government and management thereof, shall have the same power and authority, and be subject to the same liabilities, as by the laws of this State now are or hereafter may be conferred and imposed upon the sheriffs of the several counties, in the control, government and management of the county jails, and all such other powers and duties as the city council may prescribe, to enforce any sentence of hard labor pronounced against any person by the said mayor.
Sec. 16. That all moneys raised, recovered, received, or collected, by means of any tax, license, penalty, fine, forfeiture or otherwise under the authority of this act, or which may belong to said city, shall be paid into the city treasury, and shall not be drawn therefrom except by order or under the authority of the city council and it shall be the duty of said city council, to liquidate and settle all claims and demands against said city to require all officers, agents, or other persons entrusted with the disbursement or ex- penditure of the public money, to account to them therefor, at such time and in such manner as they may direct; and they shall annually publish, for the information of the citizens a particular statement of the receipts and expenditures of all public money belonging to said city, and also of all the debts due and owing to and from the same; and the said city council shall have power to pass all such laws and ordinances as may be necessary and proper to carry into effect the powers herein and by this act granted.
Sec. 17. That every law or ordinance of said city, before it shall be of any force or validity, or in any manner binding on the inhabitants thereof, or others, shall be agreed to and ordered to be engrossed for its final passage by a majority of all the members of the city council; it shall then be reconsidered by the city council, and if on its final passage, it shall be adopted by a majority of all the members, it shall become a law for said
122
CENTENNIAL HISTORY OF COLUMBUS
city ; and all questions on the final passage of any law or ordinance, or the adoption of any resolutions, shall be taken and decided by yeas and nays; and the names of the persons voting for and against the same shall be entered on the journals of said council; and all the laws and ordinances passed and adopted as aforesaid, shall be signed by the president of the council and the city recorder and immediately published in one or more of the newspapers of said city.
Sec. 18. That it shall be the duty of the city recorder to make and keep a just and true record of all and every law and ordinance, made and established by the city council, and all their proceedings in their corporate capacity, and the record so made shall at all times be open to the inspection of any elector of said city, and he shall perform such duties and exercise such powers as may be lawfully required of him, by the ordinances of said city; and he shall preside over the meetings of the city council in the ab- sence of the president, until otherwise directed by the city council.
Sec. 19. That the city treasurer shall give bond with security to the recorder, to be approved by the city council before he enters on the duties of his office, conditioned for the faithful discharge thereof; he shall pay over all moneys by him received to the order of the president of the city council, countersigned by the city recorder; but no money shall be drawn from the treasury but by appropriations made by the city council; and the treasurer shall, when required, submit his books and vouchers to their inspection, and he shall perform such duties and exercise such powers as may be lawfully required of him, by the ordinances of said city.
Sec. 20. That there shall be elected annually by the city council, a city marshal, who shall hold his office one year, and until his successor be elected and qualified, who shall perform such duties and exercise such powers not herein specified as may be lawfully required of him by the ordinances of said city, and shall receive such fees and compensation as the said city council shall direct; the said marshal shall execute and return all writs and other process directed to him by the mayor, or when necessary in criminal cases, or for violations of the city ordinances, may serve the same in any part of Franklin county, it shall be his duty to suppress all riots, disturbances and breaches of the peace, to apprehend all rioters and disorderly persons and disturbers of the public peace in said city, and all persons in the act of committing any indictable offence against the laws of this State or ordinances of said city, or fleeing from justice after having committed any such offence, and him, her or them forthwith to take into custody and bring before the mayor for examination, and in case of resistance, may call to his aid and command the assistance of all by-standers and others in the vicinity; he shall have power to appoint one or more deputies, and at pleasure to dis- miss or discharge them from office, and shall in all things be responsible for the correct and faithful discharge of their duties, and liable for all neg- ligence, carelessness and misconduct in office; and positive violations of duty, which they or either of them may be guilty of in the performance of their official duties.
OUR JEWELS. STATE HOUSE GROUNDS. Bronzes that Graced the Chicago World's Fair in 1892.
EAST ENTRANCE TO GREEN LAWN
-
125
CENTENNIAL HISTORY OF COLUMBUS
Sec. 21. That the mayor, councilmen, marshal, treasurer, city recorder, and all other officers under the government of said city, shall, before enter- ing on the duties of their respective offices, take an oath or affirmation to support the constitution of the United States and of this State, and faith- fully and impartially to perform the several duties of the office to which they may be respectively elected or appointed; and when required shall give such bond to said city with good and sufficient security, in such sum or sums, and with such conditions thereto, as the city council may from time to time direct, and in all cases not hereinbefore provided for, shall respectively be allowed and receive such fees and compensation for their services, and be liable to such fines, penalties and forfeitures for negligence, carelessness, misconduct in office and positive violation of duty, as the said city council shall by ordinance order and determine.
Sec. 22. That whenever the office of mayor, councilmen, marshal, treasurer, city recorder, or other officer in and by this act specified or pro- vided for, shall become vacant by death, resignation, removal from the city, or otherwise, it shall be the duty of the city council, as soon as may be, to appoint some suitable person, having the requisite qualifications, to fill such vacancy, and the person so appointed shall continue in office during the re- mainder of the term for which his predecessor was elected or appointed; and in case of sickness or temporary absence of the mayor, the city council shall appoint some suitable person to perform the duties of that office during such sickness or temporary absence, who shall be obeyed and respected accordingly ; Provided, that no appointment shall be made by the city council under this act, of any officer or agent of said city, or to fill any vacancy thereof, without the concurrent vote of a majority of all the members.
Sec. 23. That in all elections for city officers not otherwise provided for, it shall be the duty of the mayor to issue a proclamation to the qualified voters of said city, or to those of the respective wards, as the case may re- quire, setting forth the time of such election, the place or places where the same shall be held, the officer or officers to be chosen; and cause such proc- lamation to be published in two of the newspapers printed in said city, at least ten days previous to said election; and every such election shall be opened between the hours of eight and ten o'clock in the forenoon, and con- tinue open until four o'clock in the afternoon, and shall in all things be conducted agreeably to the laws regulating township elections for the time being, and it shall be the duty of the judges of such elections in the several wards, within two days thereafter, to make and direct the return thereof to the mayor of the said city, at his office, in the same manner that elec- tion returns are required to be made to the clerk of the court of common pleas, by the act entitled "an act to regulate elections;" Provided, that in all elections of mayor; the returns thereof shall be made and directed to the president of the city council; and the said mayor or the president of the city council, as the case may be, shall within five days after any such elec- tion, open the returns which have been made to him as aforesaid, and shall make an abstract of all the votes and file the same with the city recorder, who shall make a record thereof in a book to be kept by him for that pur-
126
CENTENNIAL HISTORY OF COLUMBUS
pose ; and the person or persons having the highest number of votes shall be declared duly elected, but if from any cause the qualified voters of said city, of the respective wards, as the case may be, shall fail to effect any election at the time and in the manner herein provided, the mayor shall forthwith issue his proclamation for a second or other election, which in all things shall be notified, conducted, regulated and the returns thereof made, as in and by this act is prescribed; and the person or persons who shall be chosen at any such second or any other election, shall hold his or their office until the next stated period for the choice of a successor or suc- cessors, and it shall be the duty of the mayor or president of the city council, immediately to notify such person or persons as may be elected as aforesaid, of his or their election, by causing a written notice thereof to be served upon him or them, by the city marshal or his deputy; and every person so chosen or elected as aforesaid, shall, within ten days after being notified of his elec- tion, cause himself to be qualified to enter upon the duties of his office, and in default thereof, the office to which he shall have been elected, shall (be) deemed and considered in law to be vaeant; and it shall be the duty of the city council to prescribe the time and manner, and provide the place or places of holding all elections in said city for city officers, and of making the returns thereof, not herein otherwise directed and prescribed.
Sec. 24. That each and every white male inhabitant above the age of twenty-one years, having the qualification of an elector, for mem- bers of the General Assembly of the state of Ohio, and having resided in said city one year next preceding any election for city officers, shall be deemed a qualified voter of said city, and shall be entitled to vote in the ward in which he resides for mayor and members of the city council: Provided, that no person shall be capable of holding any offiee under the government of said eity who has not resided therein, and been an inhabitant thereof at least one year next preceding his election or appointment, and provided also, that no person shall be eligible to the office of mayor, marshal, or treasurer of said city, who shall not have resided in said city and been an inhabitant thereof three years next preceding his election or appointment.
See. 25. That the city council, two-thirds of all the members con- curring therein, shall have power to borrow money for the discharge and liquidation of any debt of the city, and to pledge for the payment of the interest and the repayment of the principal, the property and resources of the city in such manner and upon such terms and conditions as by an ordi- nance, voted for by two-thirds of the members elected as aforesaid may be prescribed.
Sec. 26. That the said city council shall have power on the petition of the owners of two-thirds in value of any square or section in said city to lay out and establish a new street or streets, alley or alleys through or across such square or section. Provided notice of the presenting of such petition shall be given by publication thereof in at least two of the news- papers published in said city for three weeks in succession, the last of which shall be at least sixty days before the presenting said petition ; and provided also that if any person shall claim damages in consequence of the laying
127
CENTENNIAL HISTORY OF COLUMBUS
out of any such new street or alley, and shall file notice thereof in writing, in the office of the mayor within ten days after the order for laying out said street or alley shall have been made; the said city council shall cause the damage if any over and above the benefit to the property claimed to have been injured to be assessed under oath by three dis-interested judicious free- holders of said city to be appointed by said council for that purpose which shall be paid within three months after the making of the said order by the persons petitioning for the laying out of such new street or alley or in de- fault thereof, the order laying out the said street or alley shall be null and void.
Sec. 27. That the mayor and council, recorder, treasurer, town mar- shal, clerk of the market, and all other officers of the borough of Columbus, now in office therein shall remain and continue in their respective offices and perform the several duties thereof under the provisions of this act, until the second Monday of April next until the mayor and city council are elected and qualified, and all laws, ordinances and resolutions heretofore lawfully passed, and adopted by the mayor and council of the borough of Columbus, shall be, remain and continue in force, until altered or repealed by the city council, established by this act; Provided that nothing in this act shall be. so construed as to restrain or prevent the General Assembly from altering or amending the same whenever they shall deem it expedient.
Sec. 28. That the mayor and council of the borough of Columbus shall appoint two suitable persons in each ward to be judges of the first election ; also two suitable persons to be clerk in each ward, and procure a suitable place in each ward for holding the election, and at every annual election thereafter the city council shall appoint two of their members in each ward, who are not candidates for re-election, to be judges, and make such other arrangements by ordinance respecting said elections as shall be lawful and convenient for the citizens of the several wards.
Sec. 29. That this act shall be taken and received in all (councils) and by all judges, magistrates and other public officers, as a public act, and all printed copies of the same which shall be printed by (or) under the author- ity of the General Assembly shall be admitted as good evidence thereof with- out any other proof whatever; that the act entitled an act to incorporate the town of Columbus, in the county of Franklin, passed February tenth, eighteen hundred and sixteen, and all acts to amend the same, and all sup- plements thereto, and all laws and parts of laws heretofore passed and coming within the provisions of this act, be and the same are hereby repealed.
JOHN H. KEITH, Speaker of the House of Representatives. DAVID T. DISNEY, Speaker of the Senate.
March 3, 1834.
First City Election.
Pursuant to the provisions of the 28th section of the charter, the borough council set the election thereunder for the 19th of AApril. 1834, at
128
CENTENNIAL HISTORY OF COLUMBUS
which a mayor and twelve councilmen were elected, four councilmen being chosen from each of the three wards into which the city was divided.
The term of the mayor was for two years and the councilmanic term was of like length, save that one-half of the councilmen first chosen from each ward, to be ascertained by lot, were to serve for but one year, the other half to serve for two years, and thereafter two councilmen from each ward were to be chosen annually, to the end that the term should be for two years for all after the first election. The following were chosen :
Mayor, John Brooks.
Councilmen.
First Ward-Joseph Ridgway, R. W. McCoy, Henry Brown, Otis Crosby.
Second Ward-Jonathan Neereamer, Noah H. Swayne, Francis Stewart, William Long.
Third ward-John Patterson, Christian Heye, William Miner, William T. Martin.
Officers by Appointment.
The council proceeded to elect (or "appoint") the following officers : President, Robert W. McCoy; recorder, William T. Martin; treasurer, Wil- liam Long; surveyor, J. A. Lapham; marshal and clerk of the market, Abraham Stotts.
The subsequently most noted man among the above was Noah H. Swayne, who ended his distinguished career on the supreme bench of the United States, he having retired in 1881 and died in 1884, fifty years after serving as city councilman in the Ohio capital.
Robert W. McCoy continued in council and was reelected president of the body until he resigned his seat in 1853, having been a councilman con- tinuously from 1816 to 1853, a period of thirty-seven years.
William T. Martin continued as recorder until 1839; William Miner succeeded him until 1843, and then the office was filled by Joseph Ridgway, Jr., until the office was abolished in 1850. Then the office of city clerk was created and was filled by B. F. Martin, not related, however, to William T. Martin, until 1857, when he was succeeded by Joseph Dowdall.
William T. Martin, however, served as councilman, and concurrently as mayor, or recorder at times, from 1816 to 1839, and after that for twenty or more years in county, township and other offices, making his official tenure considerably more than half a century, and counting all the concurrent official years and terms, his services were equivalent to one hundred and fifty years, and in each and every office, whether one or two or three held concurrently, he was the model of official efficiency and promptness, and wound up his career by writing the best early history of Columbus that was ever printed, and to whom the writer of this desires to formally and most comprehensively express his obligations and make his acknowledgments.
William Miner was appointed recorder in 1843, followed by Joseph Ridgway, Jr. The office of recorder was abolished in 1850 and its duties devolved on the city clerk. a newly created official. Mr. Benjamin F. Mar- tin. son of William T. Martin, was chosen the first clerk and continued to
11
THE CITY HALL, SOUTH CAPITOL SQUARE
CUSTOMS, POSTOFFICE, THE UNITED STATES COURT AND UNITED STATES PENSION BUILDING, Now Being Extended to Street South
131
CENTENNIAL HISTORY OF COLUMBUS
hold the office until 1857, when he was succeeded by Joseph Dowdall. R. W. McCoy continued as treasurer until 1834 and was succeeded in that year by William Long. The office of city solicitor was created in 1851.
By an ordinance passed by the council on the 18th of February 1846, the city was divided into five wards. All north of Gay street to constitute the first ward; all between Gay and State streets, the second; all between State and Rich streets, the third; all between Rich and Mound streets, the fourth ; and all south of Mound street the fifth. Each ward to be represented by three members in council.
But subsequently, by an act of the legislature passed May 3, 1852, for the organization of cities, etc., the number of councilmen for each ward is reduced to two. The fifty-ninth section of that act provided that on the first Monday in April, 1853, there shall be two members elected in each ward, one of whom shall serve two years, the other one year. And the last section of the same act provides that the officers in office at the passage of the act should hold out their respective terms.
It now became a question whether to hold an election or not. The term of one of the members in each ward expired at this time which would reduce the council to the number required without any election ; but it would not be in accordance with the letter of the above provision requiring an elec- tion at this particular time; and the members not being disposed to resign their places the two members in each ward whose term did not expire held on and the council ordered an election for two additional members. So that the first year, under the new charter, each ward had four members instead of two, the second year three members, and the third year (1855) the council was reduced to the number required-two in each ward.
Borough and City Officers, 1816-1908-1909.
Following are the borough and city offices, as they are respectively des- ignated herewith, from 1816 to 1908-9, with the dates of incumbency :
Mayors.
There has been but one office from the beginning of municipal govern- ment in Columbus that has not been changed in name or official significance, and that is the office of mayor. These mayors and the years of their incum- bency, under both the borough and city government, from 1816 to 1909, have been :
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.