History of the city of Columbus, capital of Ohio, Volume II, Part 61

Author: Lee, Alfred Emory, 1838-; W. W. Munsell & Co
Publication date: 1892
Publisher: New York and Chicago : Munsell & Co.
Number of Pages: 1196

USA > Ohio > Franklin County > Columbus > History of the city of Columbus, capital of Ohio, Volume II > Part 61

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).

purposes. Public buildings might be erected or repaired, as necessary, and laws and ordinances for the government of the borough passed and published. The mayor was vested with the powers of a justice of the peace within the corporation, and was entitled to the same emoluments. He could administer oaths, levy rea- sonable fines, and direct the marshal to collect such fines by distraint of property. Appeals from his decisions might be taken to the Court of Common Pleas. The annual borough election was set for the first Monday in May, beginning at twelve o'clock meridian, and closing at four o'clock in the afternoon. Notice of an elec- tion had to be posted " in five of the most public places in said town." Vacancies in the offices of mayor, recorder and treasurer were filled by the common council, and vacancies in the council were filled by choice from the electors by the mayor, recorder, treasurer and councilmen. In the absence or inability of the mayor, his functions were performed by the recorder. The county jail was used for the imprisonment of offenders. Finally we have the freedom of the town conferred upon live stock in the following words: " No law shall ever be made by this cor- poration subjecting cattle, sheep or hogs, not belonging to any of the residents of said borough, to be abused or taken up and sold for coming within the bounds thereof."

[467]

468

HISTORY OF THE CITY OF COLUMBUS.

Thus began the borough government. It continued eighteen years. Acts amendatory to that of incorporation were passed January 18, 1818, and January 31, 1822. By the first of these, councilmen were forbidden to receive compensa- tion for their services, the State property was exempted from taxation within the corporate limits, and these were declared to include "the inlots in the town of South Columbus." The second amendatory aet related merely to the places and notices of elections.

Having been elected and organized pursuant to law, as narrated in a preceding chapter,' the original borough council proceeded at once to business. The Mayor- elect, Jarvis Pike, was duly sworn into offiee by Michael Patton, one of the council- men, and the councilmen received their oaths of office from the mayor. Rules were adopted which provided that the couneil should meet at the mayor's office on the second Monday of each month, at one o'elock in the afternoon; that six members should constitute a quorum ; and that absentees should be fined at discretion not more than two dollars. In May, 1820, the fine for nonattendance was reduced to one dollar, which might be remitted at the next meeting, but unless paid or remitted, the delinquent member could not vote as to remitting the fine of a fellow member. The fees of the town surveyor were prescribed ; those of the recorder were fixed at twelve and onehalf cents for each one hundred words written for the use of the corporation. The marshal was allowed eighty and the clerk of the market thirtyfive dollars per year; the treasurer five per cent. on all money received ; the assessor one dollar and fifty cents per day ; the councilmen each " one dollar and fifty cents for each and every day emploved in transacting the business of the corporation." A deviee for a corporation seal was adopted bearing the words, Seal of the Borough of Columbus, surrounding an eagle. The surveyor was required to set suitable stones " at the corners of all lots where the streets intersect." On July, 1816, a tax levy of one thousand dollars was ordered, including a tax on dogs of fifty cents apiece. One quarter of one per cent. was levied on all in-and outlots, and onesixth of one per cent. on all improvements. One of the early ordinances required that the carcasses of all animals dying within the borough " west of Fourth Street or within twenty poles of Broad Street " should be " removed as soon as possible at least thirty poles east of Fourth Street and at least twenty poles from Broad Street." The discharge of firearms within the borough west of Fourth Street was prohibited by ordinance of June 10, which further declared that no person should " gallup or run any horse, mare or gelding " in any street west of Fourth Street on pain of a fine of from twentyfive cents to two dollars. An amendment of November 19 likewise inhibited the running of " any mule or ass," and raised the penalty from fifty cents to three dollars. "Stageplays" were regulated by ordinance of May 23. On the same date the council decided to build a markethouse but failed to come to an agreement as to the street on which it should be placed. Town, State and Broad Streets were rejected. On May 27, 1816, the subject again eame up, and the council after rejecting Town Street west and Broad Street east of High as the location for the building, decided to erect it on West State. During the proceedings on this occasion reference was made to the purchase of an old markethouse which, as no previous notice of it appears upon the record, had probably been built prior to the incorporation of the borough. On July 25, 1816, a contract for erection of the new markethouse was closed by the Mayor and Council with John Shields. Pursuant to this con- traet the building was to extend sixty feet west from a point twenty feet west of High Street, and was to be two stories in height, the use of the upper story being awarded to Shields as his compensation under the agreement. Butchers were for- bidden by ordinance to erect any slaughterhouse west of Fourth Street.

On August 12, 1816, the Borough Council appointed C. Houston, J. Cutler and J. Armstrong as members of a committee to " procure a suitable print or engraving

469

COUNCIL, MAYORALTY AND POLICE-I.

for small notes to be issued by this corporation," and on September 9, next follow- ing, this committee reported that it had provided an issue of " small notes" com- prising the following amounts and denominations: 120 at 75c; 454 at 50c ; 464 at 25c; 836 at 12gc and 212 at 6tc; total, $555.75. On May 24, 1819, the borough treasurer reported that he had redeemed these notes to the amount of $331.75.

On July 15, 18!7, a borough tax was levied of " onehalf per cent " on all lots within the corporation, and " onequarter per cent on the value of all improve- ments. On May 10, same year, the council made declaration that a frame build- ing " commonly called the old markethouse," then standing on High Street, near the intersection of Rich, was a public nuisance, and ought to be removed.

1818 .- On May 30, a case of smallpox having been reported in the borough, an ordinance was passed requiring removal of all infected persons " to a conven- ient and safe distance," and Messrs. McCoy, Heyl and Kerr were appointed a " committee of safety." By an amendment to the charter, three additional coun- cilmen were allowed, making nine in all, which number was elected. The use of one of the lower committee rooms of the Statehouse for the sittings of the council was granted by the Governor. On May 29, a common pound for estray animals was established and the marshal's fees for taking them np were specified. Ball alleys in connection with taverns and other places of public resort were forbidden. Market hours were appointed beginning at fifteen minutes before sunrise and con- tinuing until ten o'clock, on Wednesdays and Saturdays, and it was made unlaw - ful to sell or purchase " any article of marketing anywhere within the borough " during those hours, except at the markethouse. William H. Richardson was appointed Clerk of the Market.

1819 .- On May 10, R. Osborn was appointed to make up an agreed case to test the question as to the power of the borough to "levy and collect" a tax. Dogs were taxed one dollar each when owned singly, but the owner of more than one paid a tax of five dollars on each additional male and one of six dollars on each additional female. Butter offered in the market had to be sold in pound or halfpound cakes or rolls, and if short in weight, was forfeited.

1820. - On May 18, the council adopted a " common seal for the Borough of Columbus," its device being " a front view of the Statehouse " surrounded by the words Corporation of Columbus, Ohio. The rules of the council were so amended as to exclude spectators from its sittings except when permitted to be present by a majority of the members. An ordinance relating to the town surveyor desig- nated the northwest corner of the Statehouse Square as the beginning point for all surveys .? The marshal's salary was raised to $150 per annum. Thomas Ewing, attorney for Jewett & Smith, proposed to lease their dam and mill, on the Scioto, to the council, which finally offered $500 for control of the dam for two and a half years. The obstruction of the current by the dam was believed to be a a cause of sickness. The tax on in- and outlots was fixed at onehalf, and on improvements at one quarter of one per cent. Olmsted, Jeffords and Kerr were appointed a committee on nuisances ; a committee on the markethouse was also named, and a member was charged with the duty of ascertaining by what title the corporation held " a certain lot of ground used as a burying ground," and to obtain, if possible, a deed for the same. John Kerr was appointed to " view and order a road to be opened from Columbus to the [North] Graveyard."

1821. - The County Recorder was allowed a fue of one dollar for recording a conveyance from John Kerr and wife for one and a quarter acres of land in the North Graveyard. On August 9 the council passed an ordinance containing the following quaint and significant passages:

Whereas, many evil disposed persons create disturbances at night in this Borough, and commit many offenses with impunity when the good citizens are at rest ; Therefore

470

HISTORY OF THE CITY OF COLUMBUS.

SECTION 1. Be it ordained by the Mayor and Council of the Borough of Columbus, That there shall be a watch regularly established in said Borough, to commence their routes at ten of the clock, P. M., and continue until five of the elock A. M. of each night in the week. which shall consist of all the able-bodied white male inhabitants of said Borough, who shall be under the direction of the Mayor and Conneil of said Borongh.

SECTION 2. That the Borough shall be divided into four districts, for each of which the town marshal shall notify as many persons as may be necessary to constitute a patrole for every night, at least three hours before the time of meeting, so long as the same may be considered expedient by the Mayor and Council; and if any person on being notified to serve on the patrole shall neglect or refuse to do so, for such negleet or refusal he shall be subject to a fine of one dollar, which may be remitted by the Mayor upon a reasonable excuse being given under oath.

SECTION 3. That the Mayor of said Borough shall make out and subscribe for each person composing the watch a certificate in substance as follows :

Borough of Columbus [day of the week - day of the month]. A. B. is appointed watch for this evening. , MAYOR.

SECTION 4. That it shall be the duty of any person composing said watch to arrest and detain any disorderly or suspected person or persons found in said Borough between the hours of ten of the clock P. M., and five of the clock A. M., and to detain such disorderly or suspected persons until sunrise, when he, she or they shall be brought before the Mayor of said borough for examination.

1822. - On March 16 the council provided by resolution that all orders on the borough should draw interest after one year, and prohibited the marshal from receiving them at a discount. John Kerr, James Kooken and Robert W. McCoy, appointed as a committee on the finances of the corporation, reported May 12, showing funds and resources amounting to $1,134.80, and an indebtedness of 8351.46, leaving a balance due the borough of $883.34. An ordinance of Sep- tember 14 provided that swine running at large west of Fourth Street, if belong ing to citizens of the borough, might be taken up by the marshal and sold to the highest bidder.

1823. - On April 15 Messrs. Kerr, McCoy and McElvain were instructed as a committee to investigate and report upon the powers of the council with respect to persons of the African race within the borough. This committee reported, April 24, that the township overseers of the poor had power to remove all such persons from the township who had not acquired a legal settlement, and recom- mended that the marshal hold a conference with the overseers with respect to application of their powers for the removal of all " disorderly black or mulatto persons" found within the borough. On November 10 a committee was appointed " to regulate the weight and price of baker's bread."

1824 - By resolution of October 18 it was deelared that " their shall be a Regular Saxton [sexton] appointed by the Council."

1825. - On April 1 R. V. McCoy and James Robinson were appointed on the part of the council, and Nathaniel McLean, Gustavus Swan, R. Osborn, Lyne Starling and Henry Brown on the part of the citizens, as members of a committee to receive General Lafayette who was then expected to but did not visit the capital of Ohio.

1826. - By an act of the General Assembly passed Jannary 30 the jurisdiction of the corporation was limited to the inlots.

1827. - An ordinance of March 12 required that the gutters on High Street from Broad " to the alley on the north side of the Mound " should be " made of suitable width " and a pavement three feet wide, including the gutter, should be laid " with small stones " under direction of the street committee. A newspaper writer of April 19 praises the streets, but acknowledges that the " public alleys are almost impassable, and have remained a perfect nuisance for a considerable time." An ordinance of August 17 prohibits the establishment of any " ninepin alley, ball alley or gambling house or place for gambling of any kind whatever." Section two of the same ordinance declares :

471

COUNCIL, MAYORALTY AND POLICE-I.

That if any person or persons shall be found serenading or attempting to serenade any individual or individuals, or making any unnecessary noise and disturbance, either with drums, bells, fifes, horns, pans, kettles or any other thing whatever, so as to harass and dis- turb any citizen or citizens of said borough, every such offender upon conviction thereof shall be fined in any sum not exceeding ten dollars, or be imprisoned in the jail of the county not exceeding twentyfour hours, or both, at the discretion of the Mayor.

Another ordinance of December 6 declared :

That no person shall be permitted to engage, buy or sell any marketing of any kind or description, except buying or selling meat from butchers, on any of the market days established by ordinance, before market hours, which shall be known by ringing of the bell.

1828. - An ordinance of August 28 lays punishments upon any person found within the borough in a state of intoxication, engaged in disorderly behavior, or " strolling about the streets or alleys of said borough apparently with an improper or evil design," after ten o'clock at night.

1829. - An ordinance of March 29 contains these clauses : "No person or persons shall be permitted to keep a grocery, confectionery, alehouse or shop, or any place where ardent or other spirits or liquors are sold in less quantity than a quart within said borough, licensed tavernkeepers excepted, without having first obtained a license from the Mayor."

This ordinance further requires that any person intending to apply for a license should give notice of such intention in " three of the most public places in said borough " at least ten days before the sitting of the council, and authorizes the mayor and council to fix the amount to be paid for such license. The fee ranged from five to fifty dollars. An ordinance for the preservation of the peace and good morals of the borough of Columbus," passed September 3, subjects to fine and imprisonment all vagrants, idlers, and riotous or lewd persons guilty of dis- orderly or indecent behavior; also all persons found intoxicated, or " strolling about the streets or alleys of said borough, apparently with an improper or evil design, after ten o'clock at night, without giving satisfactory evidence of the honesty of their intentions."- An additional ordinance for the suppression of gaming within the borough was passed September 3. A. I. McDowell was granted the privilege of erecting a bathhouse on Spring Street, conditioned upon the annual payment of one dollar.

1830 .-- On January 8, an ordinance was passed directing that a market should be held, under direction of the clerk of the same, in the new building on State Street, on Wednesday and Saturday morning of each week ; that the street should be kept clear of filth and unobstructed by " wagons, carts, horses or oxen ;" and declaring :

That the two west stalls and benches in the market house are reserved for the use of the country people; and the Clerk of the Market shall charge 25 cents for each beef, 1212 cents for each hog, and 614 cents for each calf or sheep that is cut up or sold in the market- house, and pay the same into the treasury for the use of the corporation.

Another ordinance of same date provided that " a building suitable for hay scales shall be erected on the alley south of and adjoining the lot on which the German church in Columbus is situate;" that a weigher should be appointed ; that certain fees for weighing might be charged ; that 2,400 pounds should con- stitute a ton of hay ; and that selling hay without having it weighed should be unlawful. An ordinance for " protection of the borough of Columbus against damage by powder," passed January 18, requires that gunpowder for retail shall be kept " in a good canister made of tin or copper," and that when more than one canister is kept, the additional quantity should be put into a good brick or stone powderhouse on the back part of some lot. Resolutions of February 12 declare that, " whereas the location of the National Road through the county by the Gen-

472

HISTORY OF THE CITY OF COLUMBUS

eral Government is a matter in which the people generally have felt great inter- est, and particularly the citizens of this borough," and whereas the location, as made, is satisfactory to the people of the borough ; therefore " High Street, so far as the National Road shall run in the same, shall be made to the satisfaction of the Superintendent {Jonathan Wright] and kept in good repair at the expense of the corporation." The ordinance further directed that a plat of the borough be made and submitted, with these resolutions, to the superintendent of the road for transmission to the Secretary of War. An ordinance of June 21, provides for the appointment of an engineer, and directs him to "commence and prosecute the grading and making a wharf on the east band of the Scioto River adjacent to the town of Columbus, beginning at or near the run above Broad Street, thenee down the river to Town Street, including said street, the distance of which is computed at about 1,250 feet ; the improvement to be made and completed agreeably to a plan and description submitted to the Council by Joseph Ridgway, Junior, and such other additions as may be directed by the Council." The ordinance pro- ceeds to provide for a wharfing fund, to be managed by three commissioners, who were authorized to borrow $6,000 on " transferable certificates of stock of not more than $500 each," redeemable at the pleasure of the corporation " between the first day of 1834 and 1844." R. W. McCoy, Joel Buttles an I L. Goodale were appointed commissioners in pursuance of this ordinance. An ordinance of June 21 directs that the sidewalks on State Street shall be paved, " from High Street west to the alley." An ordinance of August 12, framed with usual clumsiness and redun- daney of language, begins with the following : "Whereas, much uneasiness and great danger is apprehended on account of Blacksmith shops within the Borough, having lately taken fire, and from their situation and construction calculated when on fire to communicate the same to adjoining buildings, thereby jeopardizing the property of many citizens." The ordinance therefore provides that all such shops shall thereafter be built of brick, and regulates the construction of hearths and forges.

1831-An ordinance of June 10 directs that during the months of June, July, August and September the market shall be held on Tuesdays, Thursdays and Saturdays. In June proposals for grading and finishing State Street west of the markethouse were invited. An ordinance of June 27 amending the liquor-license regulations, requires that "all applications for license to keep a grocery, and retail spirituous liquors, shall be made in writing and subscribed by at least twentyfour respectable householders of said borough, certifying that the appli- cant is a proper person to keep a grocery and retail spiritnous liquors." This ordinance contained the following Sunday-closing section :

That if any person or persons licensed agreeably to the provisions of this ordinance, shall sell, barter or bargain for any spirituous liqnors, or suffer or permit the same to be drank in his, her or their grocery, or on his or their premises, on the first day of the week commonly called Sunday, he, she or they so offending shall, on conviction thereof, be fined in a sum of not more than twenty dollars nor less than five dollars, and shall thereupon for- feit his or their license, and shall not be relicensed for the space of one year thereafter.

1832-April 9: " If any person or persons shall dig up any of the streets, lanes or alleys of said Borough for the purpose of making brick, or dig any pit or hole, or in any manner dig up the streets, lanes or alleys to the hindrance of travellers or others," the persons so offending shall be fined. June 11: Side- walk pavements ten feet wide and made of " good sand brick with good stone curb on the outer edge," ordered to be put down on all the Broad Street lots between High Street and the river. The width of such pavements on State Street was fixed at eight fect. July 13: "There shall be permanent stones sunk in the ground " in the common centre of Front, High and Third streets, and the streets by which these are crossed.

473

COUNCIL, MAYORALTY AND POLICE-I.

1833 .- This being the cholera year some attention was given to the condition of the streets, which was evidently one of great nncleanness. A newspaper con- tributor writing on May 25 calls attention to a heap of " filthy trash " on Lusk's Lane, between Town and Rich streets, and says :

When that nuisance is cleaned out of the highway we can then feel a freedom to invite your attention to other public highways in Columbus, the present situation of which is a gross impediment even to a footman, almost impassable with a carriage, and too filthy to be endured without complaining."

In May the following street committee was appointed : Robert W. McCoy, Christian Heyl, Samuel Parsons, Robert Riardon, George Jeffries and Jonathan Neereamer. Messrs. McCoy and Jeffries were delegated to provide a safe place for the keeping of powder. Among numerous street improvements ordered were these : Repair of the bridge at the end of East Public Lane; repair of the bridge at the south end of High Street; graveling of High Street south of the bridge ; construction of a culvert in Rich Street at Front ; filling of holes in Front Street, entire length ; graveling of Third Street, on both sides of Lizard Creek ; repair of two culverts on Lizard Creek, on Fourth Street; drainage of pond at the east end of State Street, opposite Judge Parish's; culvert at the east end of Town Street ; opening of gutter on Fourth Street south of State; repair of High Street from Friend to Broad ; and street repairs at the markethouse.

Manifestly the cholera produced one useful result, if no other, in bestirring the easygoing villagers to open their chokedup gutters and culverts, drain their stagnant pools and remove the rotting garbageheaps which gorged their neglected alleys.

NOTES.

1. Chapter XIX, Volume 1.

2. An old citizen informs the author that when the first iron fence around the Capitol Square was built, the stones set by State Director Joel Wright when he made the original survey of the town were found in position.

CHAPTER XXXI.

COUNCIL, MAYORALTY AND POLICE-II.

The year 1834 begins the life of the capital as a eity. The act of the General Assembly usually referred to as the " first city charter, " entitled " an act to ineor- porate the City of Columbus in the State of Ohio," was passed and became a law May 3. That act repealed the borough ebarter of February 10, 1816, with all the acts amendatory thereto, and inaugurated an entirely new municipal regime. Its initial section defines the boundaries of the city in the following terms :

So much of the county of Franklin as is comprised within the following limits, to wit: Beginning at a point where the southwest corner of the new penitentiary lot bounds on the Scioto river, thenee north with the west line of said lot to the north side of Publie Lane, thence cast with Public Lane to the east side of Fourth Street, thence south with the east side of Fourth Street to Broad Street, thence east with the north side of Broad Street to the east side of Seventh Street, thence south with the east side of Seventh Street to South Public Lane, thence west with the south side of Publie Lane to the Alley which is the east boundary of South Columbus, thenee with the south side of said Alley or Lane to the west side of the Alley or Street, which is the western boundary of South Columbus, thenee north with the west side of said Alley or Street to the south side of South Public Lane, thence west to the west side of the Columbus Feeder, so as to include the towpath, thence north with said tow- path to the Scioto River, and in the same direction across said river, thence up the west side of said river and with the meanders until a line drawn due north will reach the place of beginning.

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.

History of the city of Columbus, capital of Ohio, Volume II, Part 61

Author: Lee, Alfred Emory, 1838-; W. W. Munsell & Co Publication date: 1892 Publisher: New York and Chicago : Munsell & Co. Number of Pages: 1196

Author: Lee, Alfred Emory, 1838-; W. W. Munsell & Co
Publication date: 1892
Publisher: New York and Chicago : Munsell & Co.
Number of Pages: 1196