USA > Ohio > Cuyahoga County > History of Cuyahoga County soldiers' and sailors' monument. Scenes and incidents from its inception to its completion.--Description of the memorial structure, and roll of honor > Part 13
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"That is how General Meyer talked after the decision of the Circuit Court. He was asked whether he pro- posed to appeal the case to the Supreme Court.
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"'I cannot appeal at present,' said he. ‘Understand that the Circuit Court is not now in session, and is with- out power of jurisdiction until its October terin. The Common Pleas Court recently enjoined the City from interfering with the Monument Commission and like- wise enjoined the County Commissioners from levying a tax of some $13,000 for the Commission. Both these injunctions were lifted bodily into the Circuit Court. The Circuit Court is not now in session, but the law provides that two of the judges may at their discretion act temporarily during vacation. I asked for a suspen- sion of the restraining order until the October terin. This the judges have refused to grant. They took no action upon the injunction relating to the leyy. Now, I cannot appeal the case, because it is still in the Cir- cuit Court and will be heard upon its merits at the October terin. The Court has agreed to advance it up- on the docket. Now, if the Monument Commission decides to take possession of the Square between now and October we are powerless to prevent it. It can tear down the Perry Monument and begin the construc- tion of its own, and the City will not say anything, for it is law abiding and will obey the injunction. But if the Circuit Court finally decides against the Commis- sion, all the work that it may have done on the Square will have to come out. In such an event, I suppose the Commission will appeal to the Supreme Court. If the case goes against us we certainly shall appeal to the Supreme Court.'
" If the Commission invade the Square, will you make any further resistance ?' was asked.
"'None, whatever,' replied the General."
A meeting of the Commission was held on August 22d, at which action was taken to provide for the pay- ment of outstanding bills. This action was rendered necessary, owing to the fact that the Law Director had
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scared the county officers by saying to them that it would be "at their peril if any further drafts of the Monument Commission were honored." Commissioners Elwell and Gleason, with Attorney Prentiss, were ap- pointed a Committee to confer with the county author- ities to bring about an amicable understanding. Their work was successful, as the following action indicates :
" T. K. DISSETTE, Esq.
"AUGUST 22, 1892.
" DEAR SIR :- We have had presented to us this morning, various bills for payment amounting to $3,750.50, against the Monument Fund. The City has renewed its order as before the hearing of the Soldiers' Monument case in the Circuit Court. Are there, in your opinion, any legal obligations to the payment of the same, under the present situation of the case, or any liabilities that the Auditor and Treasurer are liable to incur by said payment ?
" Respectfully submitted, "A. E. AKINS,
"Auditor Cuyahoga County."
" AUGUST 23, 1892.
"A. E. AKINS, Esq.
"DEAR SIR :- Yours of August 22 before me, referring to the various bills presented to you for payment against the Soldiers' Monument Fund, and asking whether since the hearing of the Soldiers' Monument case in the Circuit Court, there are any legal objections to the payment of the same, under the present situation of the case, or any liabilities that the Auditor and Treasurer are liable to incur by said payment.
"In reply, allow me to say that there is no order of Court re- straining the County Auditor from drawing his warrants, or the County Treasurer from paying any claims against the Soldiers' Monument Fund, when vouched for agreeably to the provisions of the statute. The Common Pleas and Circuit Courts have each re- fused to make such an order after a pretty full hearing. I see no legal objection to the payment of said claims.
"The application for an injunction, however, is still pending in the Circuit Court, and there is a very remote possibility that when the case is heard upon its merits the Court may grant such an in- junction. "Very respectfully,
" T. K. DISSETTE,
"Assistant Prosecuting Attorney."
"'On the strength of this,' said Mr. Akins shortly
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afterwards, 'I shall draw iny warrant unless Capt. Shields tells me he will not honor it. If he does so say, I shall refuse to issue my warrant, because, if they are going to begin proceedings in mandamus against him, they might as well proceed against me, also, and have the Court determine both our rights.'
"There is no disposition on the part of either officer to withhold payment, except as a measure of self-pro- tection. There is plenty of money in the Soldiers' Monument Fund.
" All thought that the opinion of Capt. Dissette ought to contain a final answer to the question asked. After a lengthy discourse, Capt. Dissette consented to insert the sentence, 'I see 110 legal objection to the payment of said claims.'
" This settled it, Mr. Akins said when asked, that he would draw a warrant in all probability on application.
" When Capt. Shields was asked about it, he said :
"'I sha'n't pay till I get a warrant.'
"'And if you get a warrant ?'
"' If Mr. Akins draws a warrant, I shall undoubtedly pay it. I am not going to assume to pass on matters that have already been passed upon.' "
The Committee subsequently reported the result of their labors to the Commission, by whom the action of the County officials was warmly commended. Secretary Bauder renewed the motion he made two months prior, " that the County Commissioners be required to issue bonds or notes in anticipation of the collection of the tax." The motion was adopted.
The further result of the meeting is given from the Leader of the 25th :
" The Monument Commissioners have at last taken possession of the Public Square, and, after nearly two years' delay, active work has been cominenced towards putting up the Memorial to the Soldiers and Sailors of
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Cuyahoga County. On Wednesday morning, half a hundred cedar posts were unloaded from wagons and placed in heaps on the sod in the southeast section of the Public Square, near the statue of Commodore Perry. A short time afterwards, men commenced to place the posts in position for the construction of a fence. A police sergeant who stood watching the proceedings said that inasmuch as the Court had granted the Com- missioners the right to occupy the Square, they were at perfect liberty to proceed.
"The Monument Commissioners were in a happy frame of mind. They got together in Captain Levi T. Scofield's office and laid plans for future action. The decision of the County officers to honor their drafts was regarded as the final admission of the legal authorities that all litigation was at an end. When one of their number reported that Auditor Akins had signed the warrants, and that Treasurer Shields had paid them, they got immediately down to business. They resolved first, to go to work immediately, and put up the Monu- ment without delay. Secondly, they resolved to request the City authorities to remove the Perry statue and the water main. This resolution will be presented to the Mayor, the Director of Public Works, the Board of Control, and the City Council. They further resolved, that if the City will not have removed the obstructions by the time they will be ready to put in the foundation, they will remove them of their own accord. They then resolved to hold an executive session at Captain Sco- field's office, Wednesday evening, and to spend more money. Contractor Grant wanted a bonus, and was not ready to proceed further without it. He had lost a great deal by the delay caused by litigation, and his bid was several thousand dollars lower than any other. It was urged that there be a full attendance at the secret meeting, Wednesday evening. Several members
ORDNANCE EMBLEM IN CAPITAL.
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4
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of the Commission thought that there was no necessity for a full meeting, and suggested that the Executive Committee attend to what business was necessary. Finally it was decided to make the meeting one for the Executive Committee only.
"County Commissioners Mattison and King took under consideration, Wednesday, the demand of the Monument Commissioners to issue bonds in anticipa- tion of the tax for Monument purposes. They took 110 action, however. They desired to have legal advice be-
fore proceeding. They were in doubt as to the manda- tory character of the act of the Legislature which au- thorizes them to issue bonds. The act states that they are 'anthorized and directed to issue bonds.' The Com- missioners stated that they were in no hurry to take any action and did not think it necessary to comply with the demand of the Monument Commissioners at once, as they had already about $23,000 to spend in putting up the Monument.
"One of the Monument Commissioners stated, on Wednesday, that only a portion of the southeast section of the Square will be fenced in at present, and that a board walk will be placed over the sod as an exten- sion from Euclid Avenue, so that pedestrians will not be compelled to walk around the entire section. He said that the contractor will occupy the Square at once with the granite for the esplanade, and stones for the foundation, and commence excavating immediately. Considerable work can be done, he said, before the removal of the Perry statue and the water main.
"The Executive Committee held a long meeting in Commissioner W. J. Gleason's office, in the City Hall, last night. It was chiefly for the purpose of inducing Contractor John Grant, who was the lowest bidder for the building of the Monument, to sign a contract, as he agreed to do on March 28, 1891. The Commissioners
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at that time opened the bids and awarded the contract to Grant for $64,867. Mr. Grant gave a bond for $7,500 at the time as a guaranty that he would enter into a contract. More than a year lias elapsed and Mr. Grant is not now willing to bind himself to do the work for the amount mentioned above. He wants damages for the delay and the work he has lost on account of the time he has spent in preparing to do the monumental work. He thinks $3,500 added to the $64,867 will en- able him to erect the Monument at a profit to himself, and to the satisfaction of the Commission. All these facts and claims he presented to the Commissioners, and a long discussion ensued. The Commissioners offered to give him an additional $1,000 because the wages of mortar mixers, hod carriers and cranemen are from twenty-five to fifty cents a day higher than they were a year ago. The Commissioners very emphatically de- clared that they could not pay damages that could not be plainly shown to have been sustained. The object of the meeting, so far as Mr. Grant's contract is con- cerned, was not accomplished, but the Commissioners believe that the contractor will see fit to sign the agree- ment before they are ready for him. If he does not, they will probably make a contract with the next lowest bidder. Secretary Bauder reported that he had notified the City to remove the statue of Commodore Perry and the water main, as he was ordered to do."
The Leader of the following date said :
" The southeast section of the Public Square was al- most thoroughly surrounded Thursday afternoon by the fence which the Monument Commissioners are con- structing. The only portion which will not be enclosed is a small part of the northeast corner of the section. The public walks have not yet been closed, but will be fenced in as soon as the workmen begin to haul the material for the Monument. There was very little in-
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terest in the proceedings Thursday, and the worknie11 were in no way inolested. Several of the Monument Commissioners watched the fence building at various times during the day.
" With regard to the general situation, Major Gleason said : 'I have not heard a single person complain of the fence. All this talk about inconvenience to people is a bugbear rigged up for the occasion. The diagonal walk through that section of the Square leads nowhere from Euclid Avenue. It lands you in the center of the Square and you have to follow a straight line thence to your destination. A man who desires to reach the Forest City House corner can just as easily walk to the southwest quarter of the Square and use the diagonal walk there. If he wishes to reach the Stone Church or the Society for Savings, it is just as near for him to walk down the east line of the Square to the postoffice cor- ner and cut through the northeast section which con- tains the auditorimin. If the crosswalk at Euclid Avenue were laid across the roadway to the Square in a direct line with the sidewalk, the distance to the center would be shorter than it is now. But the claim that the Monument would inconvenience pedestrians fur- nished something to talk about and of course the most was made of the opportunity.'
"Director Herrick was asked yesterday whether he would proceed to remove the Perry Statue. 'No, noth- ing has been decided upon yet,' answered Mr. Herrick. 'I have received a notice of the Monument Commis- sioners saying that they will remove the 'obstructions,' as they call the statue and the water main. If they go ahead and do the work there, we will be relieved of that duty. I believe that the case is still in Court, however, and I cannot say what will be done by the City.'
" Another City official expressed the opinion that the fence would be pulled down between two days.
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"'By whom?' was asked.
"'Why, by indignant citizens. I do not believe the people will be satisfied to walk around that section of the Square. After they have suffered from the nuisance for a while I think there will be a quiet gathering in the Square some night and then, good-bye fence.'
"The Executive Committee of the Monument Com- mission held another meeting in Commissioner Gleason's office last night. The contract question is still un- settled, and it was stated after the meeting that 110 definite action would be taken until General Barnett, who is a member of the committee, returns to the city. At Wednesday night's session, Contractor Grant declined to proceed with the building of the Monument unless he was given a bonus of $3,500 in addition to the con- tract price of $64,867. The committee offered him $1,000 extra, but he said that was not enough. The next lowest bidders at the time the contract was let were McAllister & Dall, and their bid was about $10,000 more than Grant's. A representative of that firm was present at the meeting last evening. The gathering took place behind closed doors, but Secretary Bauder said after it adjourned that it was never called to order and was entirely informal. It is possible that McAllister & Dall will reduce their bid somewhat, and if a reduc- tion is made they will be given the contract. But, as before stated, the matter will be left in abeyance until General Barnett's return."
Commissioner Elwell communicated the following to the Leader on August 27th :
" To the Editor of the Leader :
"The Monument Commission has no fault to find with the Leader. It has treated the Board fairly. Its columns have been open to all sides and the questions involved have been discussed in every possible aspect. The Commission has never appeared in print or in the Courts except in self-defense. Its doings have all
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been open and above board. At this late day, when the work on the Monument is so nearly completed and the questions involved all settled judicially, it is difficult to see what is to be gained by further discussion, either in the newspapers or elsewhere. The Leader seemed to take this view of the case a day or two ago. To-day, however, it says it is suggested to hold a public meeting for further discussion, as if the press for the last two years had not said every- thing that can be said for and against the site selected, reiterating what it has said before that a majority of the people were against the present site. The Leader is probably mistaken about the side the majority is on. The Commission, on the other hand, has no doubt, from all the information that comes to it from all quarters, that the large majority of the people are in favor of the site selected. They think so, first, because the people's representatives in the Legislature, representing every ward and township in the County, right from the people, gave this site to the Commission. It is 110 answer to this fact that the question was not submitted to the people. Nobody asked to have it submitted-there was no objection from any quarter. The Representatives and Senators do represent the people on all questions that are not specially excepted. The Representatives said : 'Take the Square if you cannot find a better site.' Two or three Legislatures have said this-Republicans and Democrats alike. Second, Mayors Babcock and Gardner favored the Square and do so yet so far as anything has appeared to the con- trary. These officers were positive men and did all they could officially and individually to help and encourage .us, appearing sometimes at our meetings, making suggestions, encouraging and approving what we did. Third, the Board of Aldermen and the Council unanimously said : 'Take the Square for your Monument.' Fourth, the Park Commissioners said: 'Take any section of the Square but the southeast one; that we will hold under advise- ment for the present. You can have the center, and we will change the roads around it and widen the grounds.' Fifth, the Commission was appointed primarily by the Soldiers' and Sailors' Union of the County, comprising all the active Soldiers and Sailors of the County. The Commission is their agent and does their bidding, and reports regularly to the Union. The Union said: 'Take the southeast sec- tion of the Square.' At the last full meeting in June the Union approved all the Commissioners had done, especially as to site, said go ahead and build the Monument on the Square, and complete it as speedily as possible. Sixth, leading citizens say to us daily, ' Don't be driven from the Square by the clamor. It is the proper site.' Prominent citizens on Euclid Avenue and Prospect Street say this. Seventh, not a Soldier, so far as the writer knows, objects to the site, unless he has a pet project, though one or two have
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found fault with this or that in the construction of the Monument. There may be Soldiers who prefer another site, but they have not pressed the matter.
"The Commission think, therefore, that they are representing the people. They think the battle having been fought and won on this bloody field, that they have a right to bivouac on this ground and hold it, and they intend to do so. J. J. ELWELL."
A joint meeting of the Commissioners and City officials was held on August 30th, the proceedings of which we copy from the Plain Dealer of the 31st :
"A joint meeting of the Soldiers' and Sailors' Monu- inent Commission and the City officials was held in Director Herrick's private office yesterday afternoon to discuss the Monument project. Mayor Rose and Director Herrick represented the City and there were present on behalf of the Commission, Gen. M. D. Leg- gett, Gen. James Barnett, Gen. J. J. Elwell, Maj. W. J. Gleason, Col. E. W. Force, Capt. J. B. Molyneaux, Capt. E. H. Bohm, Capt. C. C. Dewstoe and Capt. L. F. Bauder.
" The meeting almost broke up in a row at the very start off. Nothing was accomplished. The City offi- cials thought the meeting was called to harmonize o11 another site and the Commission insisted that the meet- ing was called to co-operate in the removal of the Perry statue. The City materially weakened its case by suggesting that the Commission take one of the other three sections of the Square. Everyone supposed that the opposition was to the Square. Gen. Barnett was elected to preside. He stated that the object of the meeting was to confer with the City officials and secure their hearty co-operation in the removal of the Perry statue and the water main.
"'May I ask,' asked Mayor Rose, 'whether the Com- mission is determined to have the Public Square or whether it would be content to have some other loca- tion if offered ?'
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"'No tender of any site has ever been made,' replied Gen. Barnett.
"'I am satisfied,' continued Mayor Rose, 'that a large majority of the people are opposed to the Public Square as a site. Of course, no one is opposed to the Monu- ment. I would be in favor of continuing the tax for a number of years longer and I am sure the greater pro- portion of our citizens would. It would not delay the Monument very long.'
"Capt. Bohm declared with some warmth that the controversy between the City and the Commission had resulted in the formation of an opinion, frequently ex- pressed, that the old Soldiers might go to h-1.
"'Oh, no, no!' said Mayor Rose. 'In no city is the Soldier so respected as in Cleveland. The City is not responsible for individual expressions.'
"Major Gleason said that it was patent to the Com- inission that the present City administration had not given the Monument the attention it deserves. Major Gleason then gave a clear and concise account of the progress of the Monument movement and the various sites that have been offered or suggested.
"'The old Park Commission offered ns either the center of the Square or any one of the three sections, excluding the particular section we wanted,' said Major Gleason. 'What was its objection to the southeast section? There was no secret made about it. Both J. H. Wade and J. M. Curtiss said that the purpose was to extend Euclid Avenue through the Square, and eventu- ally the street railways would run through it.'
"Major Gleason said that Gen. Meyer, before he was inade Director of Law, had volunteered his services as counsel to the Commission and had added that the City had no case in court. He closed an extensive and well di- rected argument with the assertion that the Commission had not been treated in just the correct way by the City.
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"'Have you absolutely concluded to take the Public Square?' asked Mayor Rose. 'If you have, there is no 11se arguing with you.'
" The Commission again reiterated that the adminis- tration had never offered any other site.
" Mr. Herrick replied that the Commission had never asked for any other site.
"' I want to say right now,' said Mr. Herrick, 'that the Commission can have any other site in the other parks.'
"'And permit me to say,' said Capt. Bohm, 'that I do not believe the City has a clear title to Wade Park. Now Pelton Park was dedicated for park purposes only. And as to the West Side Reservoir-'
"'What is the matter with the Reservoir property ? ' asked Mr. Herrick, 'isn't it on one of the finest resi- dence streets in the city ?'
"'You may as well put the Monument in a Euclid Avenue back yard as on the Reservoir property,' said Capt. Bohm.
"'I supposed the question of site was all settled,' said Gen. Elwell. 'I don't see what this talk is all about. We have let our contracts to build the Monu- ment and came here this afternoon to see if the City would kindly remove the Perry statue and the water main.'
"'I understood the call was to harmonize on some other site,' said Mr. Herrick.
"Capt. Dewstoe argued that if the City would co- operate with the Commission, all opposition on the part of the people would cease.
"'On the contrary, I think the opposition would be inflamed,' said Mayor Rose.
"Major Gleason declared that the present location of the statue of Commodore Perry was inappropriate and that the Commodore, instead of pointing to the lake,
Copyright by the Sculptor, 1890.
BRONZE DOORS, NORTH AND SOUTH ENTRANCES.
THE
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where he won his victories, was pointing to a fish market.
"Gen. Elwell insisted that the best place for Commo- dore Perry was Lakeview Park.
"' I should be governed by the action of our represent- atives,' said Mr. Herrick. 'The Council is a large part of the administration. The Board of Control is merely executive. The Council has refused to make an appro- priation for the removal of Commodore Perry and I have no authority to remove it.'
"'Is your objection to removing it merely because you have no money? ' asked Gen. Elwell.
" Mr. Herrick did not reply and the General repeated the question.
"'Is that not sufficient ? ' answered Mr. Herrick.
" Mr. Herrick a moment later said that as an indi- vidual he would be very sorry to put his hands upon Commodore Perry.
"'Would you object to us removing him?' asked Gen. Elwell.
" Mr. Herrick had nothing to say.
"'We came here to-day in a friendly spirit,' explained Gen. Elwell. 'We have selected a site and I under- stand ground is to be broken at eight o'clock to-morrow morning. Will you kindly remove the Perry statue ?'
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