History of the Cuyahoga County soldiers' and sailors' monument, Part 13

Author: Gleason, William J., 1846- [from old catalog]
Publication date: 1894
Publisher: Cleveland, Ohio, The Monument commissioners
Number of Pages: 798


USA > Ohio > Cuyahoga County > History of the Cuyahoga County soldiers' and sailors' monument > Part 13


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"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 my 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 no 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 inatters 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 commenced 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


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ORDNANCE EMBLEM IN CAPITAL.


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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 'authorized 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, 011 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 has 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 workmen were in no way molested. 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 auditorium. 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 Momument 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 no 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 bivonac 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' Mon11- ment 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 belialf 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. Bolum, Capt. C. C. Dewstoe and Capt. L. F. Bander.


"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 on another site and the Commission insisted that the meet- ing was called to co-operate in the removal of the Perry stattte. 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 Mont- 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. Bolum 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, 10, 110!' 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 Colli- mission 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 us 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 made 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 use 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 Mon- ment and came here this afternoon to see if the City would kindly remove the Perry statue and the water ınain.'


"'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,


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Copyright by the Sculptor, Tin.


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where he won his victories, was pointing to a fish inarket.


"Con. 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?'


"'If anyone's hands are to be laid upon Commodore Perry,' said Mr. Herrick, 'I had rather the Commission do it than I.'


""We have a more sacred regard for that statne than you have,' retorted Gen. Elwell hotly.


"Col. E. W. Force asked whether any other section would be more satisfactory to the City, but no one ap- parently noticed the question.


"'Wont the Monument be a more glorious object,' said Major Gleason, 'than the old rookery in one sec- tion, the fountain that squirts half the year in the other


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section, and the rustic bridge with two dirty ponds filled with banana peels in the third section ?'


"'If you would consent to take one of the other sec- tions,' said Mr. Herrick, 'I think something would grow out of it.


"'Either one of the other three sections,' interposed Mayor Rose.


"Gen. Elwell emphatically declared that the Con- mission would not take any other section.


"'Well,' said Mr. Herrick, 'if you are determined to build there, let the blood be upon your own skirts.'


"Here the meeting ended with no conclusion reached."


The World printed the following sensible editorial on September Ist :


" At this late day, after the matter has been fought through the Legislature and litigated through the Courts, and the whole matter fairly and honorably settled that the Soldiers' Monument should go into the southeast corner of the Public Square and the work npon construction has begun, an attempt is being inade to rouse public sentiment by public meetings and to beg of the Monument Commission to place the Monument elsewhere.


"It seems to us that all this sort of thing is out of date.


" It should have been done ten years ago, if at all.


" After the Commission has been subjected to the annoyance and expense of lawsuits, and has been en- tirely victorious, it seems very late to enter into the business of supplicating.


" It is indeed strange that people can never awake to the seriousness of a situation until it is too late.


"As a matter of fact, we do not believe that there would have been any special objection raised to the erection of the Monument on the proposed site had it


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not been for the constant agitation of a certain news- paper that is simply hostile to the whole Monument scheme and feels that the more it can annoy the Com- missioners the greater point it will make.


"Whether the northeast corner of the Square is a good or bad place for the Monument, it does seem that it is now too late to kick successfully about locating it there."


Mark well the proposition of the City government. They would readily consent to the occupancy of either of the other three sections of the Square. The object of the Commission was accomplished. They had smoked out the City officials, and planted them just where the defunct Park Commissioners stood. There would be space enough for the Monument on any of the otlier sections of the Square, the structure would be suitable, but the objection was to the particular section desired. As an actual fact, all of the sections are of ex- actly similar dimensions. The puny actions of the City officials were as utterly devoid of consistency as they were of fair dealing. They were easily caught in the trap set for them by the Commission, to test their motive and sincerity.


A NEW " Richmond," fiercely booted and spurred. rushes madly into the fray! It will be nicely tamed by the time its wisdom teeth are cut !


The small squad of cranks now began to get in their work. The fence around the southeast section of the Square caused a few "influential citizens" a slight temporary inconvenience. In their perambulations to and from lunch, at the Union Club on Euclid Avenue, they were compelled to walk a few feet more than formerly. This had a depressing effect on these methodical gentlemen, resulting in giving them a bad case of dyspepsia. The fact that a fence had hitherto been built around the foundation of every new down- town business block, agreeable to a City Ordinance made and provided for such purpose, seemed to be completely forgotten. That particular fence around the foundation of the Soldiers' Monument was " an outrage, and must come down!" The poor dyspeptics felt terrifically disgruntled, and they rose right up on their dignity and protested.




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