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 20
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
"The presumption is not to be indulged, therefore, that they intended in their dedication to limit anything but the public uses- to which the Square should be put. They did not attempt to name
312
HISTORY OF THE CUYAHOGA COUNTY
the public authority which should control the Square or common within those uses. Even if they had they would have done this with the knowledge that the power of such public authority might be taken away and another substituted at the will of the Legisla- ture and would be presumed to have contemplated a possible change of trustee. As it was, no trustee was named; and it must be in- ferred that the whole question as to who shall be the trustee of the uses was left to the sovereign power of the State.
"We conclude, therefore, that it was no impairment of the origi- nal contract of dedication for the State by act of the Legislature to substitute as trustee another local authority in the place of the City to control the special use to which this particular section of the Square might be applied. The Monument Commissioners, in se- lecting this site, are therefore acting within the power lawfully conferred and have a right to proceed with the work already begun. " The temporary restraining order heretofore allowed will be set aside and the application for a preliminary injunction be denied.
" The conclusion we have reached is in accordance with the prin- -ciples of law involved, as we understand them after patient examina- tion. Our personal views as to whether the location chosen is the best have not in the least influenced us. Those are considerations not presented in the record and upon them we have no right to ex- press an opinion.
" It is with the law of the case alone that we have dealt."
The utter rout of the enemy was complete and over- whelming. APPOMATTOX had been fought, and won! There may be a subsequent dash of a bush- whacker, here and there, but the backbone of the enemy is broken into fragments.
Local comment by the Leader relative to the decis- ion was:
" The decision of the Court seemed to give entire satisfaction. No criticism was heard even from the op- ponents of the Square as the proper site. Several attorneys who were favorable to any location but the Square stated that the decision of the Federal Judges was the most able that has yet been passed upon the question. Soon after the temporary injunction was dissolved the contractors were at work within the en- closure with a few men getting in readiness for active
-313
SOLDIERS' AND SAILORS' MONUMENT.
operations at constructing the Monument. It is said that they will operate at night by electric light as well as in daylight, and push the work to completion as far as possible this Fall."
We reprint an editorial from the Leader of October Ioth :
" The refusal of the United States Circuit Court to grant an injunction against the Soldiers' and Sailors' Monument Commission leaves that body with full legal authority to proceed with the erection of the Monument in the southeast corner of the Public Square, where work has already been begun. The attempt made by persons owning an interest in the Forest City House property to secure the intervention of the Federal a1- thority is plainly an utter and final failure, and the control of the Public Square is left wholly with the Legislature and Courts of Ohio. Such being the case, the decision of the Supreme Court of the State will stand, and it is clearly impossible to prevent the erec- tion of the Monument on the site already chosen, ex- cept by act of the General Assembly. Nothing can be done in the Legislature until January, and by that time work upon the Monument is likely to be well advanced.
"Under all the circumstances, we believe that the time has come to acquiesce as gracefully as may be in the decision of the Monument Commission, upheld as it has been by the Courts. From an artistic standpoint, the Memorial to the Soldiers and Sailors of Cuyahoga County might as well be in the southeast corner of the Square as any other part of that small space. Indeed, it will look better there than in any other section. If, then, the only choice possible is between the site orig- inally chosen and some other portion of the Public Square, there is no good reason why a bitter and 111- seemly contention should be prolonged, even if it were possible now to prevent the Commissioners from going
314 .
HISTORY OF THE CUYAHOGA COUNTY
ahead with their plans. In view of the equally futile and violent opposition which has been encountered by the Monument Commission, that body will probably do all that it can to so clinch its victory before the begin- ning of the next session of the Legislature that inter- ference with the completion of the Monument would seein a great waste of money and labor.
" It is useless to fight against the inevitable, and the Monument question might as well be considered closed. The objections to the site chosen have been much ex- aggerated in some quarters, and the completed struct- ure will prove much less of an obstruction to persons passing through the Square than the present enclosure. It is quite possible that public opposition, the edge of which has already worn off, will largely die away before the completion of the Monument and that the structure will be less objectionable in all respects than it has been generally considered. The Leader has never deemed any part of the Public Square the best place to erect such a great work of art. We are of the same opinion now. It seems, however, impossible to secure the adoption of anything like an ideal site. Considera- tions of expense, location, etc., have ruled out all but those among which there can be but a choice of evils, and hence we feel that it is time to end all bickering and make the best of the erection of a great Monument to the Union Veterans of Cuyahoga County in the south- east corner of the Public Square."
To illustrate the lightning-like rapidity of the changes of that fickle jade, " public opinion," in this case clearly manufactured for a purpose :- when we were down our necks were vigorously jumped upon ; when we were neither up nor down, " public opinion " was roosting on the fence ; but now, when we are on top, why, you see, " public opinion " is different, you know ; the southeast section of the Public Square is the proper place for the
315
SOLDIERS' AND SAILORS' MONUMENT.
Monument. Apropos, we copy the following graceful editorial from the Leader of October 12th, 1892 :
"No good can follow any further litigation on the Monument site question. The Commission has won at every point, and the opposition might as well accept the inevitable. It will be no disrespect to the memory of the Commodore to remove his marble forum a few feet to the right or left, or to another section of the Square. It presented a most imposing spectacle some years ago when it stood in the center of the Square, where the streets now cross. No noisy hullabaloo was heard when it was removed to its present location to make way for travel and street railroads. One objection urged to the location of the new Monument on the southeast corner of the Square is that sometime it will be surrounded and dwarfed by high buildings. On the other hand, the Commission contends that the view from the other three sections of the Square and down the avenue afford a perspective that will set off the Monument to full advantage. Their judgment on this matter is certainly entitled to very respectful consider- ation, as they have given a great deal of careful and thoughtful attention to the subject. The Monument will certainly be an honor to this city. A critical study of the design will convince any competent judge that it will be one of the most beautiful and appropriate me- morials ever erected in any country. It is going up on the Square. The people might as well make up their minds to that and gracefully acquiesce in the decisions of the Courts and the wishes of the Monument Commis- sion."
In the memorable and exciting game of foot-ball, now drawing to a close in our Courts, the Monument Commission team was invincible. We had met all kinds and classes of opponents, and easily vanquished them. In the preliminary practice, the enemy made a
316
HISTORY OF THE CUYAHOGA COUNTY
respectable showing, but failed to make a touch-down. In the regular games we had a clean score : 4 touch- downs and 4 goals kicked. Judge Ricks' decision was an additional goal, kicked from the field. At the end of each contest the members of the opposing team were carried off the gridiron on stretchers. A full knowledge of the enemy's " signals," and earnest team work brought victory to the Commission. In all dis- putes we captured the umpire. Our center, guards, tackles, ends and backs-especially our backs-were strong, and knew their business. Our team played for the patriotic glory of the final result. The players on the opposing teams were a weak lot of professional stiffs, out of training, lacking head and good team work, and apparently objectless save the high salaries they received ; therefore, they were scarcely ever in it at any stage of the game.
XIX.
A ND now, at the close of this legal struggle to se- cure the Monument site, it becomes the charita- ble duty of the historian to dispose of our friends, the enemy, the dramatis persona of the five act Monumental drama, decently and in order. Here the last shall be first, with a kindly advice to Judge Boynton, the ac- complished advocate of the street railroad company ; an able lawyer unfortunately retained in an already lost cause, and destined to meet the fate of his legal pred- ecessors, the amiable Corporation Counsel, Major Burns, and the later Director of Law, General Edward S. Meyer. The Supreme Court of Ohio and the United States Circuit Court strewed alike the flowers of his rhetoric, the logic of his legal lore and the mythical claim of his New Hampshire clients, on the sea of ob- livion, and thus finally and forever established and confirmed to the Monument Commissioners the site se- lected by them and grauted by the Legislature, and now adorned and beautified by the long delayed but noble Monument.
The gentlemen of the Board of Trade retired from the contest and gracefully submitted to the decisions of the State Supreme and Federal Courts in the matter of title of the selected site. Even noisy mass meetings ceased to assemble in the Public Square to denounce the protecting fence around the site of the contemplated Monumental structure.
We resume our line of narrative in this strange, eventful legal history, now narrowed down to a few side issues and diminutive technicalities involved in the last
318
HISTORY OF THE CUYAHOGA COUNTY
of the City's legal proceedings still pending in the local Circuit Court.
In the last interview the Commission had with Mayor Rose, he was officially non-committal, only deigning to say, " The case of the City is entirely in General Meyer's hands." The Director of Law said: "When the Cir- cuit Court opens in October, we will be there, and if the decision is against us, it will be carried to the Supreme Court of the State."
Notwithstanding the Damnoclean sword of the Director of Law was suspended over the heads of the Commis- sioners with his prophetic admonition that it would de- scend upon them in October, they nevertheless had progressed so far with the foundation that the removal of the Perry statue had become an absolute necessity. The failure of the City authorities to comply with the law in that respect, as expressly provided, rendered it necessary for the Commission to perform the work. The task was completed December 3d, 1892. The Leader of the following date described the event, which we reproduce :
" The removal of the Perry monument from its place in the southeastern section of the Public Square was undertaken yesterday morning, and the statue of the brave Commodore was successfully lowered from the pedestal shortly after 3 o'clock in the afternoon. The removal is rendered absolutely necessary by the fact that the heavy stones for the Soldiers' Monument could not be taken to the spot from which they will be hoisted to their places, without great danger to the base of the Perry monument. Besides that there would be danger of stones or heavy tools falling on the statue. Elijah Smith, who moved the Commodore from the in- tersection of Superior and Ontario Streets twenty years ago, is again entrusted with the delicate task, but he left the active work to his son, with Captain Levi T.
-
MAJOR J. B. HAMPSON.
321
SOLDIERS' AND SAILORS' MONUMENT.
Scofield, the designer of the new Monument, to over- see the operation. It is an interesting fact that Cap- tain Scofield helped in the building of the Perry Monu- ment.
"All of yesterday morning was spent in erecting a derrick and placing a scaffold around the statue of the Commodore. At about 2 o'clock, the head and breast of the figure were swathed in coffee bagging and excel- sior, so that the ropes would not damage the marble. Shortly after 3 o'clock the statue was hoisted in mid air, where it dangled for some time before it could be low- ered to a skid which had been built to receive it. This couch was softened with a great quantity of excelsior and braces were placed under the massive shoulders of the figure so that after it is boxed up the moving of the receptacle will do no damage.
"In lowering the statue it was not injured in the least. A rough rope touched the Commodore's whisk- ers on the left side and the marble was so miich crumbled that the friction rubbed the surface off and made it look white.
"While the preparations for all this were going on, a photographer with a big camera came into the enclos- ure. He adjusted the instrument to photograph the figure of the midshipman on the west side of the monument. The middy was photographed, and for a purpose. The fact is that the figure was already inuti- lated and the Soldiers' and Sailors' Monument Com- inission desire to have a photograph to show that it was there before the removal. The thumb and little finger of the midshipman are broken off, probably by snowballs thrown by boys. His left trouser leg is frayed out, two or three inches of the flowing panta- loon being broken off. The flap of the boy's right trousers pocket is also gone and the same is true of the right lapel of his jacket. These mutilations are not
322
HISTORY OF THE CUYAHOGA COUNTY
noticed by the ordinary passer-by, but a close inspec- tion reveals them. The Commission wish to be able to demonstrate that when they deliver the Perry monu- ment to the City officials its condition is the same as it was before the removal. The midshipmen and the pedestal will probably be taken apart to-day. In pre- paring to lower the statue of Perry it was discovered that the sword hilt was made detachable, and it was taken off.
" The condition of the Perry monument is such that something must be done to arrest the decaying of the marble and repair the mutilation if it is to be preserved. The entire surface of the statue, which was once smooth, is serrated and as rough as sandstone. The profile of the Commodore's nose is jagged and looks as though it had been nicked and chipped. Where the surface has been at all protected it is smooth and gives forth that glow which characterizes polished Carrara marble. The Commodore's brow is creased with ver- tical furrows, worn by the elements, while the natural markings have been entirely obliterated by time. The north side of the statute is in a worse condition than the south side, presumably because the vapor-charged winds come chiefly from the north. The destructive- ness of Nature's forces is especially marked on the brave old mariner's coat. The buttons were designed by Captain Scofield, and he remembers how distinct were the anchors and stars upon them, thirty odd years ago. At present, on many of the buttons the anchor is nearly worn off and the stars have in some instances entirely disappeared. The buttons on the right leg of the west midshipman's pantaloons are nearly obliter- ated, while those on the other leg, which has a southern exposure, are in a much better state of preservation.
" The Commission are not authorized to again erect the Perry monument after the work on the new Memor-
323
SOLDIERS' AND SAILORS' MONUMENT.
ial is completed, but in times past in discussing the matter the Commissioners have all expressed them- selves willing to put it up again in as suitable a place as can be found in the southeastern section of the Square, they having authority only there. It is ex- pected, however, that the City will place the monument in Lake View Park.
"The original design of the Perry monument did not provide for the core base upon which it now rests. As the monument stood at the intersection of Superior and Ontario Streets, upon a grassy mound, the base was formed by two immense blocks of pink Westerly gran- ite, which had been given by the State of Rhode Island. When the streets were cut through the Square, the grassy mnound was taken away, exposing the u11- hewn stones of the foundation. In order to hide their ugly surfaces some one conceived tlie idea of veneering them with a cored base of inferior granite and that veneer now forms the base, the pink granite being the second tier of stone in the pedestal. Artists and monu- ment builders have severely criticised the base because its cored surface, terminating alinost in a feather edge, gives it the appearance of weakness. This veneer, which hides the foundation stones, is now slightly out of place. The weight of the blocks of granite above it has forced open the joints, and if nothing had been done, in a few years the montinent might have fallen of its own weight. At one place the core veneering does not come within an inch of making a perfect joint.
"The statuary had been carefully removed and boxed. The statuary is in a safe place, safer than it has been for thirty years or more, for the rigorous winter weather will not aid in the further disintegration of the delicate Italian marble. Not until the City again erects the monument will the destruction be resumed.
324
HISTORY OF THE CUYAHOGA COUNTY
The immense blocks of granite forming the pedestal were easily moved and drawn out of the way. They were not boxed, for the weather will do them no harmn. After the core veneer had been removed the rough foundation was revealed. It consisted of small sand- stones cemented with ordinary mortar. Wonder was no longer expressed that the insubstantial base had been forced apart at the joints when the character of the foundation above ground was revealed. The foundation was removed with pickaxes and shovels, as it was not worth preserving.
"Major W. J. Gleason, President of the Soldiers' Monument Commission, expects, now that the Perry statue has been taken down, that it will be taken in charge by the City. He said that the greatest draw- back to the removal of the statue was the disinclination of the City authorities to take it from the pedestal in the Public Square. 'Now that the statute has been taken down, we await the pleasure of the City,' said Major Gleason. 'I expect that the Council will pass a resolution requesting Director Herrick to remove the statute to Lake View Park. There is a circular plot on a line with Ontario Street that would make a splendid site. In the meantime we shall take the best of care of the statue. It will be boxed up and fully protected from the weather. If the City desire to have the statite erected in the Square again we can provide a good site for it between the Monument and Superior Street.'
"' What would be the cost of removal to Lake View Park ?' was asked.
"'It would not exceed $500 and might not be more than $300. The statue could be loaded on a wagon and taken to the park in twenty minutes. The cost of taking up the foundation in the Square and removing it to the park would also be small. At the latter place
325
SOLDIERS' AND SAILORS' MONUMENT.
the foundation would not need to be placed deep enough to encounter the quicksand.'
" Now that the Perry monument has been removed, the erection of the shaft of the Soldiers' Memorial can be begun this week. The scaffold is finished and the sandstone base for the shaft is about completed. The Perry monument was removed so that the wagons, upon which the blocks of granite for the shaft are to be hauled to the Square, can be run upon a platform under the scaffold. The blocks will then be lifted by a steam derrick and placed in position with only one handling, which means a saving of time, labor, and ex- pense. Across the top of the scaffold the fifteen-inch steel beams will be placed, and upon these a small tramway will be constructed. Upon the tramway the carriage of the steam derrick will move backward and forward in carrying the blocks to their places."
As the City authorities claimed they had no money with which to take down the Perry statue, the Com- mission paid the expense for the same, amounting to only the paltry sum of eighty-nine dollars. We are pleased to be able to quote the heroic expression of General Meyer, at the meeting held on the Public Square, September 2d, 1892, to-wit: "I would rather lose my right arm than see Perry's statne taken down." He was not present at the time it was necessary to take down the statute, hence he did not " see" it done. So the General's good right arm still clings to him. At which we all rejoice, for privately and personally, we sincerely wish our last legal opponent good health, hap- piness and prosperity, with a perfect body.
On the evening of December 5th, 1892, the City Council took the following action :
" By Mr. Caswell-That the President of this Council be requested to appoint a committee of three members of the Council to act with the Director of Public Works in the selection of a site for the Monument of Commodore Perry, and that the Director of Public
326
HISTORY OF THE CUYAHOGA COUNTY
Works be and he is hereby authorized and directed to cause the re- moval of said monument to the site thus selected, the expense of said removal, together with the erection and construction of an appropriate base and foundations, to be paid from the general fund, after the money is appropriated for this purpose.
" Adopted.
"The chair appointed as above Committee Messrs. Caswell, Spil- ker and Malloy."
The Committee reported on December 12th, 1892, as follows, quoted from the original document :
"CLEVELAND, O., December 12th, 1892. " To the Council.
" GENTLEMEN :- Your Committee appointed to select a suitable site for the monument of Commodore Perry submit the following report : Feeling sure that the majority of the people of our city would favor some point on the Lake front, your Committee visited Lake View and Gordon Parks only. In the latter we found many beautiful sites which had some advantages over those in Lake View Park, being further removed from the railroad tracks and freer from the smoke and dust of the city, and having larger park sur- roundings. After visiting Lake View Park, however, the Commit- tee were unanimous that the site at the foot of Ontario Street would be more satisfactory to the majority of our citizens. The monument, if erected there, can be seen from the Public Square, and by thousands who reach the city by rail or by boats on the lake. It is the sense of the Committee that the people who have become accustomed to seeing the monument in the center of the city would not favor its removal to a suburban park; therefore, it is the unanimous opinion of this Committee that the Monument be placed in Lake View Park, at the foot of Ontario Street, facing up the lake toward the scene of the victory it commemorates.
"[Signed.] " D. O. CASWELL, "W. A. SPILKER, " M. C. MALLOY, " R. R. HERRICK.
" Report received and its provisions adopted by the Council. " HOWARD H. BURGESS, City Clerk."
It will be noticed that the foregoing report of the City Council Committee, unanimously approved by the Council, is also signed by Director Herrick. From this it might be inferred that prompt action would be taken by the City authorities. Nothing, however, was done.
SOLDIERS' AND SAILORS' MONUMENT. 327
When Director Herrick was asked why he did not com- ply with the action of the legislative branch of the City Government, his reply was that the City had no funds for the purpose. A financial statement, published at the time, showed $1,500,000 to the credit of the City ! Still the gallant Commodore was allowed to rest in quiet repose "till other times and other men would rise- and do justice to his memory."
Owing to the condition of the Perry statue, caused by "Time's effacing finger" and the destructive force of natural elements, recently largely added to by having the delicate marble scrubbed with acids, under the. ignorant orders of the Director of Public Works, the Commission recommended to the City authorities that the figures be duplicated in enduring bronze. If this. would be done, the Commission would gladly re-erect the Perry statue with the Soldiers' Monument, on the southeast section of the Public Square. Failing in this, the Commission suggested that the statue be put in bronze and placed on the plat laid out for it in 1879, in Lake View Park, at the foot of Ontario Street, over -- looking the scene on which Perry achieved his ever- memorable victory over the British. The Commission would gladly do this work, but they had no legal. authority, nor were they granted permission so to do.
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.