USA > Ohio > Franklin County > Columbus > History of the city of Columbus, Ohio, from the founding of Franklinton in 1797, through the World War period to the year 1920 > Part 29
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In 1913 a special sehool for anæmie children disposed to tuberculosis was opened at Neil avenue and Hudson street overlooking the Olentangy. Money for the building was eontri- buted by citizens through the Society for the Prevention and Cure of Tuberculosis. The society also provided the elothing outfit, a nurse, a eook and the necessary lunehes. The board provided the site, the equipment and teacher. Twenty-five pupils were at first aecom- modated, later 50, and there were at one and the same time edneated and nursed baek to health. The board and society thus eo-operated till 1916 when the full management of the school was taken over by the board, the building which cost $6,111 passing also to its ownership. Fresh air and the reereation of children at the buildings continually received more attention, and in 1913 half-work-half-play sehools were inaugurated. Penny lunches were also served in buildings by the Home and School Association. Funds for the purchase of shoes for less for- tunate children were established and at Thanksgiving time the children took to their buildings contributions which totaled large and served well.
In February, 1911, Edward B. MeFadden, clerk, was also made treasurer, and the sehool funds from all sources were received and put at interest in banks selected by competitive bidding. The interest rate seeured at the outset was from 2.65 to 3.25 per cent. and the aggre- gate increase has run from $8,000 to $12,000 a year.
The congestion in the buildings in 1913 was such that portable buildings in the school and adjoining yards were used at ten of the buildings, and in 1915 the number of them had increased to 32. The sehool attendanee was approximately 25,000, and there was no money for needed buildings. The expenses of the board had inereased to nearly $1,500,000 annu- ally, the tax commissioners refused the levy asked, and the bonded debt for buildings had inereased to $1,243,400. In 1916 this debt was $1,431,000.
The flood of 1913 elosed seven buildings, the water reaching in most of them to the second floor. Relief stations were established in the upper stories of the most available, and teachers and janitors heartily co-operated with the other agencies. Among those who lost their lives were 12 school children. In the other schools of the eity a relief fund of $2,124.12 was raised and expended by the principals of the seven submerged buildings. To this fund the Women Teachers' Association added $789.85. The buildings were reopened at dif- ferent times between April and June.
German, as has been seen, was early taught in the public schools and special provision was made for the accommodation of those who desired such instruction. In the report of 1872 the statement is made that "the German language, as well as the English, is the medium of communicating the subjects to the pupils, and both languages enjoy equal im- portance, yet without mingling them together. This German-English instruction begins in the lowest grades and is continued uninterruptedly to the high school and through it as a branch of instruction." This was considered by the superintendent as particularly ereditable,
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the system surpassing those in Cincinnati and St. Louis. The Ger man system was the pattern when industrial schools were introduced later. The number of pupils studying Ger- man in 1911 was reported to be 4,340, about one-sixth of all the pupils. With the breaking out of the war, German instruction began to lose favor; in 1917, it was restricted and in 1918 it was wholly discontinued. Many German books were burned and the remainder were sold to be made into paper.
In 1906 free textbooks were adopted universally for the first four grades and later ex- tended to the fifth and sixth for arithmetic. This made new work for the Public School Library which had long been providing books for supplementary reading in the schools as well as conducting a general circulating and reference department. J. H. Spielman was the first school librarian. He was succeeded in 1896 by Martin Hensel, and Mr. Hensel in 1919 by Miss Emma Schaub.
Instruction in music, introduced in 1854, has been given by Charles R. Dunbar, S. B. Phipps (1859), Carl L. Spohr, Carl Schoppelrei (1869-70), Herman Eckhardt (1871-72), J. A. Scarritt (1874-86), W. H. Lott (1887-1905), Tillie Gemuender Lord (1906-14), R. W. Roberts (1915-). The later incumbents have been supervisors. Anton Leibold became instructor of physical culture in 1889 and continued the work until 1919 as supervisor. Penmanship has had special attention under Mr. Rittenburg (1859), C. W. Slocum (1892) and C. P. Zaner (1913). Miss Faith R. Lanman has for several years been director of home economics, Miss Mathilde Hungelmann of German and Miss Elizabeth Samuel of kinder-
$11 113
Roosevelt Junior High School.
garten. R. G. Kinkead, who was first elected as assistant superintendent, became supervisor of grades in 1915, while Miss Marie Gugle became supervisor of high schools.
In the period from 1904 to 1918, the size of the board and the number of members were several times changed. In 1904 there were 19 members elected, one from each ward; in 1905 three members were elected at large and one from each of 12 sub-distriets; in 1912, four were elected at large and seven from sub-districts; in 1915, the membership was reduced to seven elected at large as their terms expire for a term of four years. The first woman elected to the board was June Purcell Guild, who resigned after a short service in June, 1912. Mrs. Cora Mae Kellogg and Mrs. Dora Sandoe Bachman have also served, the former re- signing on her removal from the city, and the latter being succeeded on the completion of her term, by Miss Kate M. Lacey, elected in 1917. Mrs. Wm. MePherson was elected a member in 1919.
The management of the schools has commanded the energies of many of the best citizens of Columbus. The longest service on the board was that of General Charles C. Walcutt, 22 years; the next was that of Dr. Starling Loving, 19 years. Joseph Sullivant and Dr. Alexander Neil each served 16 years, F. J. Heer 14 years, Dr. J. B. Schneller and Rev. James Poindexter served 10 years cach. Thomas Sparrow, Frederick Fieser, Konrad Mees, S. W. Andrews, nine years each; Louis Siebert 8 years, and Dr. E. J. Wilson seven years. Among the others to whom it was permitted to render notable service were Aaron F. Perry, Judge James L. Bates, Judge J. Wm. Baldwin. J. J. Janney. A. B. Buttles. J. G. Miller,
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HISTORY OF COLUMBUS, OHIO
Senator Allen G. Thurman, William Trevitt, Francis Collins, John Greiner, Otto Dresel, Judge E. F. Bingham, Henry T. Chittenden, Thomas Lough, C. P. L. Butler, Isaac C. Aston, Dr. R. M. Denig, Louis P. Hoster, L. J. Critchfield, Captain Lorenzo D. Myers, Dr. J. W. Hamilton, C. J. Hardy, Henry Olnhausen, George Beck, P. W. Corzilius, Philip H. Bruck, George H. Twiss, Francis C. Sessions, W. R. Kinnear, John J. Stoddart, E. O. Randall, Z. L. White, Thomas C. Hoover, M. A. Gemuender, Theodore Leonard, Charles E. Morris, P. D. Shriner, Charles F. Turney, Charles A. Stribling, Judge Frank Rathmell, Dr. W. O. Thompson, Judge J. E. Sater. The present members are: Warner P. Simpson, Fred D. Connolley, Frank L. Holycross, Wm. H. Conklin, Kate M. Lacey, Augustus T. Seymour and Mrs. Lucretia MePherson.
Joseph Sullivant was president of the board for 13 years, General C. C. Walcutt for five years, Rev. B. N. Spahr and Dr. Starling Loving, three years each. Other presidents after the rcorganization in 1875 were Henry Olnhausen, Edward Pagels, Judge John E. Sater, Jonas A. Hedges, Dr. Edward J. Wilson, John J. Stoddart, Z. L. White, Thomas A. Mor- gan, Dr. J. U. Barnhill, F. J. Heer, John L. Davies, Charles S. Means, Charles J. Palmer, John L. Tranger, John J. Stoddart, W. O. Thompson, Edward Herbst, King G. Thompson, Dora Sandoe Bachman, W. D. Deuschle, Joseph S. Kornfeld and Fred D. Counolley.
In the period when the clerk was selected from the board membership, S. E. Wright, James L. Bates, A. B. Buttles, Allen G. Thurman, Francis Collins, John Greiner, Otto Dresel, S. S. Rickly, Henry T. Chittenden, S. W. Andrews, Peter Johnson, R. M. Denig and Alexander Neil served. Granville A. Frambes served from 1875 to 1885; O. E. D. Barron from 1885 to 1895; James A. Williams from 1895 to 1906; Harlan P. Jndd from 1906 to April, 1910, when he died; Edward B. McFadden from 1910 to the present.
In 1916, Superintendent Shawan resigned, after 27 years of service and retired to his country home. Knowing his purpose, the board made search for a successor before the end of the school year and elected John H. Francis, superintendent of the Los Angeles schools, Mr. Francis, with the aid of principals and teachers,, made a survey of the schools and asked for a bond issue of $3,500,000 for new buildings and repairs. The proposition was beaten at the polls by a very large majority. In the spring of 1918 the board granted Mr. Francis leave of absence to accept a war-work position in Washington, and Charles H. Fullerton be- came acting superintendent, serving until July, 1919, when Mr. Francis resumed the super- intendency, Mr. Fullerton again becoming assistant.
Columbus has numerous private schools, some of which have stood the test of years. Among these are the Columbus Shcool for Girls, conducted by Miss Alice Gladden and Miss Grace Lattimer Jones at Parsons avenue and Bryden Road; the Columbus Academy (boys), by F. P. R. Van Syckel, Franklin Park South; the Wallace Collegiate School and Con- servatory, Jefferson avenue; the Fox School of Oratory, by Frank S. Fox, Neil avenue ; Bliss Business College, Office Training School, Columbus Business College, Mann's Business Training School and Hartsough's College of Shorthand.
CHAPTER XXII.
THE BENCH AND BAR.
First Franklin County Common Pleas Court and County Officers-First Attorneys Admitted to Practice-List of Associate Justices-Removal of Courts from Franklinton to C'olumbus-Common Pleas Judges Under the Constitution of 1851 and Since-Notable Justices of the Peace-List of Prosecuting Attorneys, Probate Judges and Superior Court Judges-District, Circuit and Appellate Courts-Ohio Supreme Court and Su- preme Court Commission-United State: District Court-Mayor's Court, Police Court and Municipal Court-Juvenile Court-Reminiscences-Noteworthy Cases Tried Herc -Bar Association.
The history of the courts of what is now Columbus begins with the creation of Franklin county by the General Assembly in 1803, and the appointment of John Dill, David Jamison and Joseph Foos to be associate justices of the Court of Common Pleas of Franklin, and of Wyllis Silliman to be president judge of the circuit, which included the counties of Adams, Scioto, Ross, Franklin, Fairfield and Gallia. This was the second of three circuits, into which the State was divided. Only the presiding judge was a lawyer; the associate justices were good, public-spirited citizens, to whom fell the business which under a later system was trans- ferred to the County Commissioners and the Probate Judge.
The first session of the Franklin County Court of Common Pleas was held May 3, 1803, the associate justices only sitting. It was held in a room of one of the primitive buildings that had been erected in Franklinton, now a part of West Columbus. There were no lawyers present. Lucas Sullivant was appointed Clerk, and the only other action was the granting of the application of Joseph Foos and Jane Foos, relict of John Foos, for "letters of admin- istration on his estate."
On May 10, the court held another session and, as provided by law, divided the county into four townships-Franklin and Darby, west of the river and Harrison and Liberty, east of the river-and provided for the election of Justices of the Peace, June 21 following. The justices so elected were: Franklin township, Zachariah Stephen and James Marshal; Darby, Joshua Ewing; Harrison, William Bennett; Liberty, Joseph Hunter and Ezra Brown, Ohio's one Representative in Congress was elected the same day, and it is interesting to note that the vote for the entire county was 150. It was then the business of the Common Pleas Court to count and certify the vote, and the record of that count, signed by David Jamison and Joseph Foos, may still be read.
Other early records show that this court issued tavern licenses, ordered surveys, directed the opening of roads, fixed the bounty to be paid for wolf and panther scalps, made allowances for certain services and directed the erection of public buildings. It ap- pointed the first group of county officials. Lucas Sullivant was appointed the first Clerk of the Courts. He was also appointed the first County Recorder. Other appointments by the court in 1803 were: Jacob Grubb, County Treasurer; Benjamin White, County Collector and also Sheriff; Joseph Vance, County Surveyor. The court seems to have appointed a Prose- cuting Attorney when it needed such an official, and the first of record is John S. Wills, in 1803. The County Commissioners, Sheriff and Coroner were elected in 1804 and 1805, and other officials continued appointive, some by the Commissioners. Dill, Jamison and Foos remained as associate justices till 1808, when Foos resigned and was succeeded by William Thompson, who served by appointment till 1809, when Isaac Miner was elected.
At the September, 1803, session of the court, Wyllis Silliman, presiding judge of the circuit being present, with two of the associates, David Jamison and Joseph Foos, five attor- nevs expressed their wish to practice in the court and took the necessary oath. They were John S. Wills, Michael Baldwin, Philemon Beecher, William W. Irwin and John Reddick. On the same day, the Commissioners who had chosen Franklinton as the county seat were allowed $12 each for their six days' service, one of them, Jeremiah McLene, being allowed $3 additional for "writing and circulating the notices required by law." John S. Wills, for services as Prosecutor pro tempore, was allowed $10. His task was the presentation of the first indietment by a grand jury-that of Usual Osborn for assault and battery on John Story. The case was never tried, the record showing that the court accepted the terms of
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HISTORY OF COLUMBUS, OHIO
their private settlement, each party paying half of the costs. That was at the January, 1804, term, at which also Adam Hosack, who had just been elected Sheriff, was allowed $1.50 for summoning the grand jury.
Following the associate justices already named, down to 1851, when the courts were re- organized, those who held these offices were, in the order of their service: Robert Shannon, William Reed, Alexander Morrison, jr., Arthur O'Harra, Samuel G. Flennikin, David Smith, Recompence Stansbery, Edward Livingston, Abner Lord, John Kerr, Thomas Johnston, Arora Buttles, William McElvain, Adam Reed, Christian Heyl, James Dalzell, John A. Lazell, John Landes, and William T. Martin. The president judges from 1803 to 1851 were Wyllis Silliman, Levin Belt, Robert Slaughter, William Wilson, John Thompson, Orris Parrish, Frederick Grimke, John A. McDowell, Gustavus Swan, Joseph R. Swan and J. I .. Torbet.
The first lawyers to locate here were David Smith, Orris Parrish, David Scott and Gus- tavus Swan. Soon after came John R. Parrish, who died in 1829, T. C. Flournoy, James K. Cory and William Doherty. According to Martin, there were ten practicing lawyers here in 1834-Gustavus Swan, Orris Parrish, Noah H. Swayne, P. B. Wilcox, Lyne Starling, M. J. Gilbert, Mease Smith, John G. Miller, Samuel C. Andrews and John D. Munford. Around the first five of those men, much of the carly history of Columbus centered.
The court met in rented rooms in Franklinton until 1808, when the first Court House was erected, as described in another chapter. Then and even before, a session of court was a great event in the community. "In the carly history of Ohio," wrote the late Richard A. Harrison, "each judicial circuit was composed of many counties, and each county was very large. The lawyers traveled with the president judge of the circuit from county to county, on horse, over wretched roads, a great part of the year, with their papers and books in their saddlebags, and some of them, not without flasks and packs. They were often compelled to lodge two in a bed, thus carrying into practice Blackstone's theory that the science of law is of a sociable disposition. A session of court was an event of interest to all the inhabit- ants. It was largely attended by mere spectators. The lawyers were thereby stimulated to do their best, much more than they were by the pittances received from their clients. Trials were of short duration. The lawyers went straight to the material points in controversy, and the fray was soon ended. A trial was not a siege, but a short hand-to-hand contest."
In 1824, when the county seat was removed from Franklinton to Columbus, the asso- ciate judges of the Court of Common Pleas were Edward Livingston, Samuel G. Flenniken and Arora Buttles, and the presiding judge of the circuit was Gustavus Swan. A. I. McDowell was Clerk and Robert Brotherton was Sheriff. The court met in the United States Court House, which citizens of Columbus and the Legislature jointly had erected in 1820 on the State House square, flush with High street and almost opposite the north end of the Neil House. The structure, says Martin, "was a plain brick building, two stories high with a rough stone foundation. It was probably 45 feet square, and the roof ascended from the four sides to a circular dome in the center. The front had a recess entrance, about the size of a large portico, but within the line of the front wall. The same recess extended up through the second story, thus affording a pleasant view of the street from the second story. On the lower floor there was a hall through the center, and two rooms on each side, one of which was used for the office of the Clerk of the United States Court, one as an office for the Marshal and one as a jury room. Back of this building, there was erected in 1828 a one-story brick structure, in which the county offices were located."
By the Constitution of 1851, the State was divided into nine Common Pleas districts. with one such judge in each county; and there was created a District Court, consisting of two or more of the Common Pleas judges and one judge of the Supreme Court. The dis- tricts were also split into subdivisions, and Franklin, Pickaway and Madison counties com- prised the third subdivision of the fifth judicial district. To this subdivision, one judgeship was assigned and in the sixty-eight years six men have filled it as follows:
. James L. Bates, from February 9, 1852, to February 9, 1867. John L. Greene, from February 9, 1867, to February 9, 1882 Hawley J. Wylie, from February 9, 1882. to February 9, 1887. Thomas J. Duncan, from February 9, 1887, to February 9, 1897. Thomas M. Bigger, from February 9, 1897, to February 9, 1919. Robert P. Duncan, from February 9, 1919,
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There have been changes in the subdivision until now Franklin county is a judicial unit, and as the business of the courts inereased, additional judgeships have been created by statute. The other judges and their terms of service are as follows:
Joseph Olds, from May 11, 1868, to May 11, 1873.
Edward F. Bingham, from May 11, 1873, to April, 1887.
David F. Pugh, from April, 1887, to May 15, 1898.
Curtis C. Williams, from May 15, 1898, to May 15, 1903.
Eli P. Evans, from May 1, 1878, to May 1, 1903.
George Lincoln, from February 9, 1880, to February 9, 1890.
Isaae N. Abernathy, from February 9, 1890, to February 9, 1895.
DeWitt C. Badger, from May 8, 1893, to March, 1903.
Mareus G. Evans, from March, 1903, to date.
Edmond B. Dillon, from May, 1903, to November, 1919.
Frank Rathmell, from May, 1903, to date.
Charles M. Rogers, from January 1, 1907, to date.
Edgar B. Kinkead, from January 1, 1909, to date.
Daniel H. Sowers, from November, 1919, to date.
The present Common Pleas bench of Franklin county consists of six judgeships-one created by the constitution and five added by statute, as indicated above. It has always been a beneh of high character, the judges enjoying the confidenee of the people, as shown by the length of terms they have served.
Of the many Justices of the Peace in this and other townships, it is possible to name only a few, notable for repeated re-elections or for other activities. Arthur O'Harra and Jacob Grubb served 15 and 18 years respectively, and were among the first. David W. Deshler served four years, James Kilbourne three years, Ezra Griswold eleven years, William T. Martin, 21 years, John Tipton 15 years, William Walker 21 years, Pereival Adams 18 vears, Andrew Dill 15 years, John Eberly 24 years, Alexander Cameron, Samuel Kinnear and Timothy Lee 15 years each, Billingsly Bull 12 years, John G. Miller six years, John P. Bruck and Lot L. Smith nine years each. It was before Justice Bruek that the interesting case of Frederick Douglas, the colored orator, against the Ohio Stage Company, was brought. On July 16, 1850, Mr. Douglas paid to the company the regular fare, $3, for passage from Columbus to Zanesville. After he had taken his seat inside the coach, the agent ordered him out and directed him to take a seat on top. He declined to take the seat above and asked for the return of his money. As the agent refused, Douglas brought suit, Joshua R. Giddings being his attorney .. The company settled out of eonrt, paying Douglas $13 and the costs.
In the list of Prosecuting Attorneys, beginning with the temporary appointment of John S. Wills in 1803 and continuing down through the years (by, election since 1833) there are some distinguished names. The list runs: John S. Wills, Reuben Bonam, David Seott, John A. MeDowell, Thomas Baekus, John R. Parrish, James Corey, Joseph R. Swan, P. B. Wilcox, Moses H. Kirby, William W. Baekus, Lewis Heyl, L. H. Webster, Thomas Sparrow, B. F. Martin, George L. Converse, J. O. Reamey, Milton H. Mann, Edward T. Delaney, George K. Nash, Joseph H. Outhwaite, William J. Clark, R. B. Montgomery, Cyrus Huling, Curtis C. Williams, Joseph H. Dyer, Charles W. Vorhees, Lee Allen Thur- man, E. L. Taylor, jr., Augustus T. Seymour, Karl T. Webber, Edward L. Turner, Robert P. Dunean and Hugo Schlesinger (ineumbent 1919).
A. Probate Judge for each county was also created by the Constitution of 1851, probate business up to that time having been attended to by the associate judges in the several counties. The office was made elective for three years and the following have served in Franklin county: W. R. Rankin, 1852-55; Wm. Jamison, 1855-58; Herman B. Albery, 1858- 63; John M. Pugh, 1863-79; John T. Gale, 1879-85; Charles G. Saffin, 1885-91; Lorenzo D. Hagerty, 1891-97; Tod B. Galloway, 1897-1903; Samuel L. Blaek, 1903-17; Homer D. Bostwick, 1917-
The Superior Court of Franklin county, with a single judge, having jurisdiction in eivil cases only, was established by the General Assembly in 1857, and abolished in 1865. Fitz James Matthews was the first judge of this court and after a five-year term, was re-elected in 1862. Owing to ill health, he resigned in 1864, and J. William Baldwin was appointed,
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HISTORY OF COLUMBUS, OHIO
serving till the court was discontinued and its business transferred to the Common Pleas Court.
The first District Court, under the Constitution of 1851, was held in Columbus June 15, 1852. There were present James L. Bates, Sheppard F. Norris and John L. Green, Common Pleas judges. On the following day, Supreme Court Judge Thomas W. Bartley joined them. They appointed Henry B. Carrington, E. Backus, Noah H. Swayne, Henry C. Noble and John W. Andrews a committee to examine applicants for admission to the bar, and then ad- journed. The District Court existed for thirty years, but proved unsatisfactory for several reasons, one of which was that, owing to pressure of business in their own court, a Supreme Court judge was not always present, and Common Pleas judges were left to pass on their own decisions.
In 1883, a Constitutional amendment provided for a Circuit Court composed of judges having no connection with the lower courts. Franklin county fell into the second circuit with Preble, Darke, Shelby, Miami, Montgomery, Champaign, Clark, Greene, Fayette and Madison counties. The first term of this court was held in Columbus, beginning February 23, 1885, with Marshall J. Williams, John A. Schauck and Gilbert H. Stewart on the bench. Other judges of this court have been: Charles C. Shearer, James I. Allread, Augustus N. Summers, Harrison Wilson, Theodore Sullivan, Charles W. Dustin, H. L. Ferneding and Albert H. Kunkle.
Under the Constitution of 1912, the Circuit Court became the Court of Appeals, the State being divided into eight appellate districts and the jurisdiction of the new court being ex- tended. Each district has three judges a majority of whom may decide all questions except a reversal upon the weight of evidence, where a unanimous court is required. The principal feature of the Appellate Court is the finality of its judgment in an increased number of cases, so that practically all general litigation among private suitors ends with this court. The thought of the constitution-makers was that one trial and one review meet all the essential demands for an efficient administration of justice. The Supreme Court retains jurisdiction over judgments of the Court of Appeals in a limited class of cases-judgments in cases origi- nating in the Court of Appeals, cases involving constitutional questions, cases of public and general interest, and judgments of one Court of Appeals in conflict with another. The judges of the Appellate Court of this district in 1918 were. Albert H. Kunkle, Springfield, presid- ing judge; James I. Allread, Columbus, and H. L. Ferneding, Dayton.
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