History of the city of Columbus, capital of Ohio, Volume II, Part 63

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 63

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1849. - An ordinance of February 17 " to establish a city watch " contains the following clauses :

The watchmen now in office in this city shall constitute the city watch for the time being, and the city council shall appoint as many watchmen in the month of May annually as they may deem necessary ; and as many more in the month of November, annually, as they may think proper, to serve during the winter, or for such time as they may be appointed, and organize them under the general supervision of the City Marshal as a city watch, and the said watchmen shall be ex officio police officers for the enforcement of the ordinances of the city, and the laws of the State, within the city, in criminal cases. . . . The watchmen shall assemble at the city watchhouse every night, precisely one hour after sunset, at which time the evening roll shall he called by the marshal and the names of absen- tees marked (if any), and immediately after the calling of the roll the several watchmen shall

Philip N. Bruck

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COUNCIL, MAYORALTY AND POLICE-II.

proceed to discharge their nightly duties, and shall continue in the discharge of their said duties until such hour in the morning as shall from time to time be designated or directed by the City Marshal, when they shall again assemble at the watchhouse, and the roll shall be called again and the absentees marked by the Marshal, and a memorandum thereof shall be laid by the Marshal before the City Council at their next monthly meeting; and if any watchman shall be found absent, or neglecting his duty twice without good reasons, he sball be dismissed from the city watch.

The Marshal might appoint substitutes in case of sickness, but all vacancies in the watch were filled by the City Council The watchmen were paid one dollar for each night of actual service. For daylight service, when required, their rate of compensation was the same. The mayor might summon their assistance in case of mobs and riots, but they were in no proper sense under his control. The executive functions of the city government were still monopolized by its law- makers, while its nominally chief executive officer was no more than a police judge. To call such a plan of municipal administration a system would be grossly out of place ; it was a mongrel distortion of the fundamental principles of republican government. Contemplating its heterogeneons and contradictory character, we cannot wonder that the streets and alleys hecame so filthy as to invite pestilence ; that they were obstructed with cordwood, garbage heaps and even fences; that sidewalks were so piled with boxes and barrels as to force pedestrians into the street ; that the commonness and brazenness of gambling and other vices became almost insufferable, and that the growth of the town was for many years by no means commensurate with its advantages as the capital of, in many respects, the most superb State in the Union. We are quite prepared to learn that on June 11, 1849, the council appointed a committee to propose a new city charter. The city needed it.

NOTE.

1. The hayscales here referred to were situated on the east side of High Street, between Rich and the alley next sontb.

CHAPTER XXXII.

COUNCIL, MAYORALTY AND POLICE-III.

On March 5, 1850, a new charter was adopted by the council and ordered to be presented to the General Assembly. On March 23 "an act to amend the several acts incorporating the City of Columbus" passed that body and became a law. This act, like its predecessor of 1834, describes the boundaries of the eity, and adds the proviso: "That all grounds that now are or hereafter may be laid out into lots as additions to said city, whether so named or not, if contiguous thereto and designed or used as building lots, may, by the City Council, by ordi- nance passed for that purpose, be included in and made a part of said city as effectually as if embraced in the foregoing limits."

The approach made by this new " charter " towards a more republican and systematie form of government was appreciable but slight. Its disdain of direet amenability to the electors was a shade less sweeping than that of the aet of 1834, but its want of system was almost as complete and its classification of powers almost as crude. The mayor continued to be a sort of eity justiee under the new law as under the old, and though called " a principal officer," is neither named nor constituted a chief executive. That function, if properly attributable to anybody, belonged rather to the City Marshal than to the Mayor. It was again provided that the mayor should be ehosen by the electors, that he should hold his office for the term of one year, and that he should have the powers and emoluments of a justice of the peace. It was provided that the marshal and treasurer also should be elected annually at the polls. The council continued to be, as before, a supreme committee, the character of which, whatever its behavior, eould under ordinary conditions by no possibility be changed at any single election. It consisted of fifteen members -- three from each ward -- only onethird of whom could be annually retired. It was vested with power to change the boundaries of wards and create new wards if it should see fit. It was further authorized to appoint a eity clerk, a city attorney, and all city surveyors, elerks of the market, street com- missioners, health officers, weighers of hay, wharfmasters and measurers of wood, eoal and lime. These powers of executive appointment were subject only to this qualification : " That the said City Council may at any time, when deemed expedient by them, provide by ordinance for the election of any of said officers by the qualified voters of the said city or wards, as the case may require." On July 8 the council appointed James L. Bates to the new office at its disposal, that of City Attorney.

The act of March 23, 1850, continued to be the " charter " for the govern- ment of Columbus until, pursuant to the constitution of 1851, the General Assem- bly passed a general act " to provide for the organization of eities and ineorpor- ated villages." By that act, which was passed May 3, 1852, and which may be

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considered the origin if not the basis of the present municipal code, something like a system in municipal government was inaugurated in Ohio. The act repealed all statutes then in force for the organization and government of munici- pal corporations, and classified the muncipalities of the State as cities of the first and second class, incorporated villages and incorporated villages for special pur- poses. Cities having more than 20,000 inhabitants according to the last preced- ing national census were assigned to the first class ; all others to the second. The " corporate authority of citizens" organized under the act was vested in " one principal officer to be styled the Mayor" and " in one Board of Trustees to be denominated the City Council," together with such other officers as were men- tioned in the aet, or might be " created under its authority." The mayor of a city, it was further provided, should be its chief executive officer and conservator of its peace. Having thus declared, the law proceeds to say : " It shall be his [the mayor's] special duty to cause the ordinances and regulations of the city to be faithfully and constantly obeyed ; he shall supervise the conduct of all officers of the city, examine the grounds of all reasonable complaints made against any of them, and cause all their violations of duty, or their neglects, to be promptly punished or reported to the proper tribunal for correction ; he shall have within the city limits the powers conferred upon the sheriff's of the counties to suppress disorders and keep the peace."

Here we have. at length, a recognition of the mayor as a " chief executive officer; " we also find him vested by this law with additional though scarcely coordinate executive power. In a city of the first class the mayor was authorized to appoint one chief of police and as many watchmen as the council might direct and approve. The police force was placed, to a qualified extent, under his direc- tion. He possessed, as before, " all the powers of a justice of the peace," but in the cities of the first class was not required, except on special emergency, to hear and adjudge any criminal case. In cities of the second class the mayor exercised exclusive jurisdiction over all violations of the ordinances, and performed, as under the old constitution and statutes, the functions of a police judge. The new law created the offices of marshal, civil engineer, fire engineer, treasurer, auditor, solicitor, police judge and superintendent of markets, all to be filled by choice at the polls. The term for which these offices, and also that of mayor, was to be beld was two years. The time appointed for the election of city officers was the first Monday in April.

The City Council, under the act of 1852, ceases to be a supreme committee and becomes amenable for its collective conduct to the electors. Its members are chosen, two in each ward, for the term of two years, their terms to expire alter- nately. The councilmen are spoken of as trustees, indicating a fiduciary relation to the people for whom they are to legislate. The executive functions which they enjoyed under the old law are reduced and limited but by no means wholly taken away. The council shall have, in addition to its legislative powers, so the law states, all other corporate powers not otherwise conferred or conceded, and shall appoint or provide for the election of " all such city officers as shall be necessary for the good government of said city, and for the due exercise of its corporate powers, . . . . as to whose appointment or election provision is not herein made."

This act-of May 3, 1852-was a very important step in the direction of sys- tematic municipal organization in Ohio. It was a transition from the dangerous and uncertain ground of special legislation to the solid basis of general constitu- tional principles. It was a distinct recognition of the practical value of the coordination, if not coequality, of powers in municipal government. It was a qualified application to municipal affairs of the same classification of func- tions which has proved so wise aud beneficent in national affairs. If the law did not provide for a distinct separation and independent organization

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of the executive, legislative and judicial departments, it gave at least a statutory endorsement to that plan of organization and prepared the way for its practical realization. More than had ever been done before, it fixed official responsibility and brought the government of cities under the control of the people.

With such amendatory and supplementary legislation as has modified, extended and sometimes distorted its provisions, the law of 1852 has been and still is the code of municipal government in Ohio. To follow out all the changes to which it has been subjected and all the additions made to it would require more space than can here be spared. The task belongs to general history rather than to local. Further reference to the organic municipal legislation of the State will be needed, and made, only so far as may be necessary for the interpretation of local events, the course of which will now be resumed.

On May 14, 1851, an ordinance was passed providing for the appointment of a captain of the city watch and as many watchmen as might be deemed necessary. The term of service in this corps was one year. The watchmen were required to assist the marshal when necessary, to clean and keep in good order the city gas lamps, to light them in the evening and to extinguish them in morning. They were subject to the direction of the captain. In May, 1851, announcement was made that elegant rooms for the council and city officials had been fitted up in the second story of the new markethouse on Fourth Street. A room 92 feet long, 27 wide and 19 in height was appropriately furnished as a City Hall. The City Council held its meetings in the southern part of this chamber, adjoining which was the mayor's office, 37 feet by 20. A room 20 x 13 was set apart for the City Marshal, and one of 30 x 13 for the City Surveyor and Clerk. Two cells were arranged conveniently to the mayor's office for the temporary confinement of arrested persons. The tax levy of this year was five mills. The receipts of the city treasury were $31,958.40 ; expenditures, $27,888.86.

1852 .- On February 1, the Old Statehouse was destroyed by fire; on Febru- ary 2, the council tendered to the General Assembly the use of the City Hall and offices. On February 13, a contribution of one hundred dollars was made by the councilmen and city officials toward the construction of the Washington Monu- ment. A resolution conferring upon the Columbus, Piqua & Indiana Railway Company the freedom of the town for its tracks and trains north of Broad Street, " except High Street," was passed May 8. Additional night watchmen were appointed in December. Members of the council received for their services one dollar each per meeting.

1853 .- A fulllength portrait of Doctor Goodale, painted by Beard, was hung in the Council Chamber. The room was further adorned with a portrait of Mr. McCoy, by the same artist, and a large engraving of the Washington Monument. On May 10, one hundred shares of stock in the Columbus & Cleveland Railway Company were advertised for sale by the City Treasurer. An ordinance to fund the debts of the city was passed May 23. A resolution granting the Columbus & Springfield Railway Company a right of way for its tracks from the head of the canal along Scioto Street and Bank Alley was passed, after much controversy, June 20. Sunday liquorselling was forbidden by ordinance of June 25. On July 25, R. W. McCoy tendered his resignation as a member of the council, in which body he had served continuously ever since the organization of the borough in 1816, and of which he had been president since the incorporation of the city. He was obliged to retire by the infirmities of age. New market regulations were adopted November 8. On October 24, five Bibles were ordered for use of the judges of elections. On May 23, an issue of 6 per cent. twentyyear bonds suffi- cient to pay the debt of the city was authorized. On November 14, the sum of $300 was paid by the State Board of Public Works for repairs on the National Road

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within the city. On July 14, a petition was presented asking for " the suppres- sion of vice and disorder among the blacks."

1854 .- In April the treasury contained a balance of $6,000 over expenditures, which was considered " a novelty in the history of cities." After sine die adjourn- ment of the retiring council April 7, its members, " with the city officers, report- ers, &e., repaired to Ambos's and had a pleasant time generally." On April 10, the new council met and endeavored to elect a president, but after having east thirtythree ineffectual ballots, took a recess until the next evening, when Theodore Comstock was elected on the fortysecond ballot.

1855 .- A brick stationhouse was begun near the City Hall this year. On March 12, the damming of Doe Run and Lyon's Creek was declared to be a nui- sance. W. W. Riley having " constructed a sewer or underground ditch along the southside of Long Street at its intersection with State Avenue," which sewer or diteh prevented " the running stream known as Cold Run " from taking its natural course and caused " a serious overflow," Riley was ordered, in June, to remove bis " sewer or ditch " so that the stream might " resume its natural channel." Riley elaimed that he had a valuable waterpower and carried the matter to the courts. On April 9 the council cast 31, and on April 12 eightythree, ballots for president without choice. On April 13, Henry Wilson was elected on the one hundred and nineteenth hallot. A collation of the market ordinances was ordered in June. It was said that these ordinances were numerous enough to fill a volume, but were for the most part disregarded. On July 16, Colonel John Noble was chosen pres- ident, vice Henry Wilson, resigned. Sale of $7,000 worth of Columbus & Xenia Railway stock, to pay off an equal amount of city bonds, was authorized October 2. The police force comprised twelve night watchmen and three for day service. These men were paid for their services at the rate of from $150 to $500 per year.

1856 .- The Stationhouse begun in 1855 was completed this year. It was a twostory brick, 24x34, and contained eleven cells, in two rows. Its upper story contained a hall for the use of the police. The building cost $2,800. A loan of $10,000 was authorized April 21, and another of the same amount May 11. On January 25 T. V. Hyde was expelled from the council on charges of having been interested in certain contracts for street paving contrary to law. A jury in the mayor's court was authorized October 27. On December 22 Messrs. Noble, Collins, Comstock, Decker and Reinhard were appointed a committee on " house- warming " at the new Statehouse, and the sum of $300 was appropriated to make the " warming " effectual.

1857 .- Rate of tax, five mills. Market ordinances were passed June 22 and July 20. On July 27 the market days and hours were changed to Tuesdays, Thursdays and Saturdays, from daylight until nine A. M., and on Saturdays from five until nine P. M. The printing of a revised code of ordinances was announced September 14.

1858 .- Ten regular and twenty special policemen were elected by the council May 17. Henry M. Wakeman was appointed Captain of the Police May 19. Additional market regulations were passed November 22. On September 13 the City Solicitor was directed to prepare an ordinance for submitting to the voters of the city the question of levying a tax for the erection of a workbouse. The expenses of the city during the six months ended October 4 were $30,789.29 ; receipts, 837,351.60.

1859 .- In the case of C. W. Kent vs. Martin White and John Fleming, police- men, the Superior Court rendered a decision invalidating an ordinance authorizing arrests without warrant and one forbidding auctions in the streets. The City Solicitor was instructed to carry the case to the Supreme Court, on error. On February 28 the Ways and Means committee was directed to sell $50,000 worth of Columbus, Cincinnati & Cleveland railway stoek, held by the city, at not less

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HISTORY OF THE CITY OF COLUMBUS.

than par. The city's receipts during the year ended April 1 were $88,582,83 ; expenses, 884,613.26. An ordinance abolishing the office of Street Commissioner, and providing for streetcleaning by contract, failed to pass May 2. An ordinance of July 14 located the " dray stands" as follows : South side of Broad, from High to Third ; east side of High from Broad to Gay ; north side of State from High to Third ; east side of High, from Town to State ; west side of High, from Friend to Rich. A chaingang ordinance was passed October 31, and chaingang street labor was inaugurated November 7. The first " gang " comprised two white men and three colored. On April 11 Haldeman Crary contested the right of Thomas A. Jones to a seat in the council as a member from the first ward. During the proceedings Jones resigned and a new election was ordered. This is said to have been the only contest of the kind ever made in the city. Wood markets were located on the north side of Gay Street from High to Front, west side of Fourth from State to Town, and south side of Mound from High to Third.

1860 .-- The regular policemen appointed by the City Council June 4. were H. M. Wakeman, Israel Lyon, John Uncles, O. T. Huff, Albert Hazelton, Solomon Justice, Garret Fox, Charles Gain. W. B. Huffman and Nicholas Ketzel. John Uncles was chosen Captain. An independent police service on High Street and adjacent alleys was begun by Deputy Marshals Martin, White and Jolin Cool June 16. Its surveillance was confined to High Street, between Broad and Friend, and the neighboring alleys. A loan of 822,000 was anthorized October 22 for payment of debts due to the estate of Lyne Starling.

1861 .- On April 25 an ordinance was passed appropriating 820,000 for the relief of soldiers' families. On July 1 A. O. Blair, chairman of the relief committee, reported that be bad disbursed 8864.95 to families and recruits.

1862 .- A committee of reception to W. G. ("Parson ") Brownlow was appointed April 14.1 On April 18 Messrs. Buttles, Wilson and Donaldson were appointed a committee to cooperate with a committee of citizens in urging upon Congress the location of a United States military post at Columbus. The wharf lots were ordered sold December 22. On February 2, 1863, there was due to the city as rent of these lots the sum of $2,239.06; on a single one of these lots the debt amounted to $624. Fourteen of the lots were occupied without lease. A large amount of territory on the West Side was annexed by ordinance of March 4. B. McCabe was reappointed Captain of the Police May 19. An act of the General Assembly passed April 29 provided for election by the voters of a City Marshal for one year and a City Solicitor for two years; also for appointment by the council of a City Clerk for the term of two years. No provision was made for the election or appointment of a city treasurer.

1863 .- Receipts of the City Treasury, year ended April 1, 859,581.11 ; residue on hand, $192.05. A suit between the city and the heirs of Jacob Hare resulted in a division of the estate between the litigants. On August 31 eighteen of the wharf lots sold for $10,732; on November 9 twentytwo more of the lots sold for $3,410.67.

1864 .- On the fortythird ballot, Jacob Reinhard was elected President of the Council over G. Douty. On June 10 the council decided to hold its regular meet- ings on the first and third Mondays of each month. Total abolition of the public markets was seriously proposed.

1865 .- On April 18 citizens were requested by the mayor to drape their houses in mourning for thirty days in honor of the late President Lincoln. A committee of the council was appointed to cooperate with the citizens in the recep- tion of the President's remains. On July 3 the council, by resolution, tendered the hospitalities of the city to General Sherman. The same bonor was tendered to General Grant by resolution of September 18. On May 22 the council resolved, on motion of Mr. Reinhard, that the mayor be authorized and instructed " to order

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all drinking houses, saloons and places of resort to be closed whenever, in his opinion, the public safety and the interest of the eity may demand it." Fears hav- ing been expressed that the sewers emptying into the river would pollute the still water in the State dam, the council decided to construct two sluiceways in the dam, by the sudden opening of which all accumulated sediment in the river might be washed out. On September 18 a select committee was appointed to report on the sanitary condition of the city. In an editorial complaining of the " inefficiency or inadequacy of our present police force," the Ohio Statesman of November 11 says :

It is a sad fact to which it is folly to shut our eyes that crime is rapidly on the increase in our city. . ... A large portion of those who commit outrages upon persons and property escape justice, not because of their acuteness or cunning, but because there is nobody on the lookout - nobody to make an arrest.

1866. - Suits against the city were pending in February, on claims for damages said to amount to $100,000. After a long struggle, Theodore Comstock was elected President of the Council on the two hundred eightyseventh ballot, April 16, by a vote of 8 to 7. The candidate against Mr. Comstock was William L. Ross. The council was equally divided in polities, nine of its members being Union men and nine Democrats. After 121 ballots a recess was taken until April 16, on which date, after the one hundred fiftyfirst ballot, Mr. Ross proposed that all the members resign and that a new election be ordered by the mayor. This was lost, 9 to 9, and after sundry motions for a recess, and further balloting, Mr. Comstock was elected, as stated. The Democrats, refusing to acknowledge the validity of the election, abstained from attending further meetings of the council, thereby depriving it of a quorum. On July 26 Mr. Comstock resigned, and three ineffee- tual ballots for choice of his successor were taken, whereupon, on motion of Mr. Reinhard, a committee of conference containing three members representing each political party was appointed. After four additional recesses, Luther Donald- son was chosen president on the twelfth ballot. The controversy hinged upon the question whether a majority of all the members legally eleeted to the council was necessary to the choice of a president, the Democrats maintaining that it was. By common consent the question was submitted to Hon. A. G. Thurman and Hon. Henry C. Noble, who also disagreed, but recommended a plan of com- promise which the Democrats accepted and in which the Unionists substantially acquiesced, with the results stated. On September 4 the council, by resolution, teudered the hospitalities of the city to President Johnson. On Angust 1 Justice W. L. Heyl reported snits against the city on his doeket amounting to 82,209.04, of which $736.30 had been collected on execution." On August 21 five judgments against the city were referred to the Solicitor for examination, and on the same day the Clerk was directed not to issue orders for the payment of money unless all bills and accounts were anthenticated and approved by the chairman and two members of the proper committee. It would seem that claims against the city had been paid without action of the council or even of one of its committees. On July 22 a suit brought against the backmen of the city to collect a tax of $18 and $25 on their vehicles pursuant to an ordinance of 1865 was dismissed on the ground that the tax was illegal, the right of taxation being a sovereign power vested only in the General Assembly of the State. The city, it was affirmed, had the right to license and regulate in such cases, but no right to tax. Serious demoralization of the police force pending the deadlock in the council was alleged, and was evidenced, it was maintained, by a fight which took place between two night watchmen. On Angust 1 a " swamp " in the North Graveyard was ordered to be filled up.

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History of the city of Columbus, capital of Ohio, Volume II, Part 63

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