USA > Ohio > Franklin County > Columbus > History of the city of Columbus, capital of Ohio, Volume II > Part 64
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1867 .- On April 29 a contract was made with D. W. and W. G. Deshler and A. G. Thurman for 23.59 aeres of land for a City Park ; price $15,000. On
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HISTORY OF THE CITY OF COLUMBUS.
February 26, 1866, the Orphans' Home, a benevolent organization, transferred 86,000 worth of property to the city on condition that it would add the same amount and erect suitable buildings for the Hare Orphan's Home. A Home was completed March 4, 1867, but it is claimed that the city has never fulfilled its part of the contract. The usual annual petitions for some plan for the disposal of sweepings, ashes and garbage were renewed this year. Such petitions arose from a custom, long unchecked, of throwing all trash into the streets and alleys. On April 5, 1866, the General Assembly passed an "aet authorizing the appointment of metropolitan police commissioners in cities of the first class with a population of less than one hundred thousand inhabitants at the last federal census." This act authorized the Governor to appoint for " each of said cities" four commis sioners, who, with the mayor, should be the " chief officers of said metropolitan police," and should have authority to appoint "a superintendent of the police force, a captain of police and one captain in addition for each fifty patrolmen called into service more than the first fifty, and a sergeant of police to each twelve patrolmen, and also regular or compensated patrolmen not exceeding one to each one thousand inhabitants as shown by the last federal census; provided that the number of said patrolmen may be increased by and with the consent of. the City Council ; and provided also that the said board shall have the power, in cases of emergency to appoint as many special patrolmen as they may think proper." The full term of service of the members of the Board was eight years.
On March 29, 1867, an act was passed by which the provisions of the metro- politan police act were extended " to all cities of the first class having a popula- tion less than fifty thousand, and of the second class having a population of twelve thousand and upwards at the last federal census." On April 15 the City Council adopted a resolution directing the City Solicitor to make inquiry as to the consti- tutionality of the metropolitan police law, and on April 22 this was followed by an additional resolution authorizing the Solicitor and Judge Allen G. Thurman to commence legal proceedings to prevent enforcement of the law with respect to Columbus. Accordingly suit was brought, and on May 9 was argued, before Hon. John L. Green, Judge of Common Pleas, praying for an injunction in restraint of John Field, Harvey P. Bancroft, Nelson Rush, John J. Janney and James G. Bull, Poliee Commissioners appointed for Columbus. Messrs. Allen G. Thurman and E. F. Bingham appeared for the city, and Attorney-General West and Judge J. W. Baldwin for the defendants On May 21 the law was declared unconstitu- tional, the injunction prayed for was granted, and all further proceedings in the organization of a police force pursuant to the law were stayed. A restraining order had meanwhile been issued at the time the injunction was applied for. During the following February the bill, so far as it applied to Columbus and Day- ton, was repealed.3 In July, 1867, an ordinance was passed, authorizing payment of $1,500 to Henry C. Crawford for damages sustained by falling into a sewer.
1868 .- On January 28 a resolution was adopted asking for legislative author- ity to issue bonds to the amount of $150,000 to build a City Hall. During the same month the labor unions of the city presented a petition asking that publie improvements be executed under supervision of the City Engineer instead of by contract. On March 26 the council decided, at a special meeting, to submit the question of appropriating $125,000 to provide a City Hall to the electors. A vote on the question was taken April 6, and resulted : 3,406 ayes and 460 noes.4 On May 4 the council passed an ordinance by Mr. Reinhard to organize a police force of twentyfive men under direction of the City Marshal. On December 30 a reso- lution was passed to employ Thomas C. Thurman to compile the laws and ordi- nances of the city, together with its charter, and the decisions of the courts of Ohio on questions of municipal government. A compensation to Mr. Thurman of $600 for this service was authorized. On June 8 an ordinance was passed
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COUNCIL, MAYORALTY AND POLICE-III.
to establish a police force and prescribe its powers and duties. The police uni- form adopted comprised a singlebreasted frock coat of navy blue cloth, with roll- ing collar ; pantaloons of same cloth, with blue welt on the outer seam ; cap of navy blue cloth and overcoat of same material. On May 8 the marshal was once more directed to close the saloons on Sunday. The subject of markets and mar- keting was frequently before the council this year-as usual. On December 28 a committee of three was appointed to have all houses provided with numbers and to have the names of streets posted on corner buildings.
1869. - On May 7 of this year the General Assembly passed a municipal code for the State and repealed all other legislation for the organization and govern- ment of cities, town and villages. The elective officers in cities of the second class pursuant to this law, were mayor, clerk, treasurer, city commissioner (who was to be also a superintendent of streets), marshal and solicitor; the offices which the council might create and provide for filling by election were those of auditor, civil engineer, fire engineer and superintendent of markets. The official term of all officers elected was fixed at two years. The mayor was declared to be " a conserva- tor of the peace," and was given the judicial powers of a justice and the police powers of a sheriff. The marshal was declared to be the " principal ministerial officer of the corporation," and was given power to appoint " one or more depu- ties." In cities having no marshal the duties of that functionary devolved upon a chief of police, under direction of the mayor, who was anthorized to appoint policemen and night watchmen, subject to the approval of the council. The term of police service was fixed at one year. The organization and control of the police were practically vested in the council.
On February 2 the council gave a complimentary banquet to the State offi- cers and members of the General Assembly at the Ambos Hall. The first premium-$100-for a plan for the City Hall was awarded to R. T. Brooks ; the second premium-875-to Joseph Ireland, and the third-$50-to J. C. Auld. Eight plans were submitted. On April 22, William Naghten was elected Presi- dent of the Council on the one hundred sixtyfifth ballot. On February 8, the Committee on City Hall decided to purchase as a site for the Hall inlot 438 and the west half of inlot 439, at the corner of State and Pearl streets. The price at which this property was held was $17,000 for lot 438 and $6,000 for the half of lot 439. A minority of the committee-Messrs. Reinhard, Frankel, McAllister and Comstock- filed a protest against the purchase on the ground that due competi- tion was not allowed and the price extravagant. A contract to build the City Hall, for $124,822, was closed with Hall, Fornoff & Co. May 24. The ceremony of " breaking ground " for the Hall was celebrated by a banquet given to the council, city officers and Board of Education at Wagner's dininghall May 27, by Thomas Morton, of New York.
1870. - Luther Donaldson was elected President of the Council January 17, on the fortyeighth ballot. The funded debt of the city was stated at $500,000; float- ing debt, $15,000. On June 15 a proposed annexation of contiguous territory was refused by the County Commissioners, after argument.5 A petition bearing nearly six thousand signatures having been presented to Mayor Meeker, asking him to close the saloons on Sunday, a reply to the petitioners was made by him contain- ing the following passages interesting for their bearing upon the police powers of the mayor :
The present police force of this city (as well as all other cities of the second class in Ohio) is organized under an act of the legislature, passed May 7, 1869. This act deprives the mayor of the power conferred upon him by the first section of the ordinance to which you refer, and lodges it in the City Council and the Police Committee by that body appointed. By rules, regulations and ordinances passed subsequently to and in conformity with this act of the legislature, all violation or neglect of duty on the part of policemen must be reported to the Chairman of the Police Committee, and whatever of punishment follows such report and
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HISTORY OF THE CITY OF COLUMBUS.
investigation is wholly and exclusively under the control of that committee. You will observe, therefore, that I am powerless as yourself to control the action of police officers or to compel the observance of any order I may make in regard to the enforcement of any particu- lar ordinance.
Such was one of the more recent results of state intermeddling in munici- pal government - executive functions vested in the legislative body and the chief executive officer of the city deprived of his proper executive authority.
The question of annexing additional territory came up again in November, the proposition being to add about 2,640 acres to the area of the city. An ordi- nance was prepared in the council, and agreed to by the County Commissioners, making a total addition to the city of 4,052 acres. The annexed territories com- prised Franklinton, the settlement ealled Birmingham, west of Goodale Park, and considerable tracts lying south and east.
1871 .- Contest of Charles Engelke's election as City Marshal having been brought before Judge Pugh by B. McCabe, the Judge dismissed the case on the ground that the law made no provision for such a contest. On October 7 a peti- tion by Joseph Sullivant and others for a free public library was referred by the council to Messrs. Janney, Reinhard and Smith. On November 13 W. A. Platt and 125 others petitioned for a park in the castern part of the city, to be located cast of Twentieth Street and north of Broad.
1872 .- An ordinance by Mr. Janney to establish a public library and read- ingroom was passed January 8. On March 18 an ordinance was passed redistrict- ing the city into eleven wards. The council first met in its chamber in the new City Hall March 25. The City Hall was dedicated March 28. An ordinance designed to abate the steamwhistle nuisance was passed August 5. On May 20 a committee was appointed to provide for " burying dead animals and the offal and filth of the city."" A thorough system ofrules, prepared by Mr. J. J. Janney, was adopted by the Board of Health and proclaimed by the mayor. J. H. Halderman was appointed Health Officer, at a salary of $800 per year. A council committee reported in favor of purchasing from seven to ten acres of land, at $300 per acre, a short distance below the Harrisburg bridge as a " boneyard."
1873. - The finances of the city were thus stated : Receipts, 8213,112.30; expenditures, 8212,309.29; real and personal property 824,395,850 ; city levies, 8.8; funded debt, $1,010,000; floating debt, 860,000. On April 11 Francis Collins, Joseph Falkenbach, Theodore Comstock and Luther Donaldson were appointed Police Commissioners by Governor Noyes. This board was nonpartisan - half Republican and half Democratic. It was appointed pursuant to an act passed March 29, 1873, extending to the cities of Columbus and Dayton the provisions of the metropolitan police la x of April 5, 1866, as amended and supplemented April 2, 1868, March 11, 1872, and by other enactments. The mayor was ex officio a member of the board. On May 29 the mayor issued a proclamation closing the saloons and all business places on Sunday. On June 25 Judge Green rendered a decision on the Sunday ordinance, holding so much of it as prohibited open places for the sale of spirituous liquors to be valid, and so much of it as imposed penalties for selling wine, beer, porter, ale, sodawater, ete., to be void. A report on the township and city boundaries was submitted to the County Commissioners by Messrs. Bingham and Baber, February 21. The Commissioners decided that the territory included within the corporation should be known as Montgomery Town- ship. From the portions of that township lying outside of the corporation and fractional parts of Hamilton Township was formed the new township of Marion. In May efforts were made to disencumber the sidewalks of obstructing signs, sheds and awnings in compliance with an ordinance which had long existed but had not been enforced.
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COUNCIL, MAYORALTY AND POLICE-III.
1874. - Isaac S. Beeky was chosen President of the Council on the thirtieth ballot. Samuel Thompson was appointed by the Commissioners to be Superinten- dent of Police. A bill by Mr. Heitman providing that the Police Commissioners of Columbus should be elected by the people instead of holding their positions by appointment, as provided in the act of April 5, 1866, was passed by the General Assembly April 3. The commissioners were chosen under the law for the term of four years. A resolution that Columbus should take the position of a city of the first class was adopted in March but, on motion of Mr. Hinman, was reconsidered. A ronte for a levee on the east bank of the Scioto, below the Franklin Iron Com- pany's furnace, was reported by a jury. Discussion of the propriety of making the mayor the actual chief executive of the city instead of a mere police justice, was current in December. The mayor's control of the police under the socalled metropolitan law, it was stated, depended entirely upon his personal relations with the chairman of the Police Committee of the council.
1875 .- The Supreme Court decided adversely to the city in its request for a mandamus to compel the County Auditor to enter on the tax duplicate a levy on the whole city for widening Long Street.6 A loan of $5,000 was authorized in August to pay the police. The office of Sealer of Weights and Measures was abolished August 23.
1876. - An ordinance forbidding the employment of waiter girls in saloons was passed July 10. On August 7 this ordinance was adjudged by Judge Bingham to be void.
1877 .-- A Police Benevolent Association was organized. Auction sales with- out license were forbidden ; license fee, 815. A claim upon the wharf lots by John L. Gill was referred, by a resolution of the council, to three arbitrators, one to be chosen by the city, one by Mr. Gill, and these two to name a third.
1878 .- The council expelled one of its members, and asked the resignation of another who was under indictment on charges of raising checks.
1879 .- The City Hall was remodeled, and on April 9 its improvements were celebrated. The acoustic properties of the audienceroom were supposed to be much improved by the changes made. After a deadlock of considerable duration, H. E. Bryan was elected city clerk April 28. The butchers of the city joined in a pledge to abandon the markethouses after July 3 because of alleged denial of protection to their business against outside and nontaxpaying dealers. A message to the council by Mayor Collins May 5 contained the following passages : .
I desire to draw your attention to the bonded indebtedness of the city, the greater part of which is held by eastern capitalists. Some of the bonds are bearing interest at the rate of eight per cent., and others at seven per cent., a portion of which are due and becoming due ; and I recommend [that] as they become due they be refunded at a lower rate of interest, and that the new bonds to be issued to pay off the old ones be first advertised and offered for sale at Columbus, instead of New York, and, if possible. sold at home. .
The general ordinances of the city have not been revised or published for the past twenty years,11 and many of them conflict with each other, and the citizen who is expected to obey them can only learn their requirements by a pernsal of the records in the office of the City Clerk - the only place [where] the ordinances can be found. I therefore recom- mend that the ordinances be revised and reenacted where they are defective, and that they be codified and published in book form
About one hundred and fifty suits at law, in most of which the city was defendant, were pending in the different courts in May. A large proportion of these suits were cases of alleged illegal assessments and the results of careless and contradictory legislation. The Police Benevolent Association held its fourth annual ball December 18.
1880,- Frederick Spade, said to have been the first policeman and night watchman employed in the city, died February 15. A redistricting ordinance was passed March 1. This ordinance, enacted by a Republican Council, was deemed
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HISTORY OF THE CITY OF COLUMBUS.
by the Democrats to be extremely unfair in its arrangement of the ward boundaries which were so adjusted, it was claimed, as to produce the most favorable results for the political party then controlling the council. The dissentients therefore brought suit to enjoin the mayor from issuing an election proclamation recogniz. ing the validity of this ordinance, and also of one passed March 6 dividing the wards into election precincts. The court-Judge Bingham - refused to grant the temporary injunction prayed for. Application was also made for a writ of mandamus to compel the mayor to issue an election proclamation recognizing an ordinance to redistrict the city, passed Mareb 18, 1872, and an ordinance passed June 18, 1877, to divide the wards into election precincts. On this application an alternative writ was allowed, but, on hearing, the court refused to make it per- emptory, and the case was dismissed. The retiring and new members of the council and city officers regaled themselves with a congratulatory feast April 19. A committee of inquiry as to revision and codification of the city ordinances reported on July 8 pointing out the manner in which the work could be performed and stating that its proper execution would cost from $1,500 to $2,000.
1881 .- Stephen A. Rhodes was elected Chief of Police May 7. Resolutions favoring legislation providing for pensioning policemen disabled in service were reported from a special committee by Solicitor Krumm. The resolutions failed of adoption. Colonel S. Thompson was elected Superintendent of Police October 28. The police force comprised at that time fortytwo regulars, one special and four substitutes, making, with the employés at the City Prison, a total of fiftytwo.
1882 .- A meeting of citizens held at Walcutt Hall March 13 appointed a com- mittee to prepare a bill providing for three police commissioners for the city and excluding the mayor from the board. This action was prompted by an alarming prevalence of crime, and the removal of the Chief of the Fire Department by the mayor. A bill prepared in accordance with the views of the meeting was introduced in the General Assembly March 14. An act of April 17 authorized the city to issue bonds to the amount of $150,000 for the construction of waterworks. Publication was made of a compilation of the general ordinances of the city, by H. E. Bryan, City Clerk.
1883 .- An act of March 7 made important changes in the Revised Statutes with respect to the appointment, organization and duties of the police force, and the powers of the board of Police Commissioners, which was vested with entire control of the force including its appointment, organization and disci- pline. On April 16 an act was passed providing for a board of Trustees of the Sinking Fund, comprising five members, to be appointed, in cities of the third grade, first class, and first grade second class, by the Court of Common Pleas. These trustees were required to serve without compensation.
1884. - An act passed April 3 authorized the city to " construct, maintain and keep in order and repair a dam across the Scioto River upon the site of Moler's milldam."
1885 .- On February 27 an act of the General Assembly commonly called, from its author, and disrupting character, "the Myers ripper bill," passed the Senate and became a law. The act purported to be one to "reorganize and con- solidate cities of the first grade of the second class," and was especially intended for the " reorganization " of Columbus. The act began its reorganizing work by providing that, " in cities of the first grade of the second class" it should be the duty of the trustees of the sinking fund appointed pursuant to the act of April 16, 1883, to proceed, with the aid of such engineers and assistants as they might deem necessary, " to redistrict such cities " into as many wards as, in their opinion, might be deemed advisable, which wards should be " bounded by streets, alleys, avenues, public grounds, canals, watercourses or corporation lines, and be composed of adja- cent or compact territory." The act further provided that the wards so formed
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should contain nearly an equal number of inhabitants and be consecutively num- bered. The purpose of these provisions was to overturn the districting of March 1, 1880, alleged to be grossly unfair and partisan. A majority of the Board of Trustees of the Sinking Fund being Democrats. that board could be safely entrusted with the work of reconstruction desired. But the trustees were not permitted to proceed with their work unrestrained. A petition for an injunction against the redistricting was argued before Judge Bingham March 2, and an information in quo warranto was filed in the Circuit Court March 6. The Circuit Court, on March 7, granted a temporary restraining order, but as that court was about to adjourn, and an adjudication of the controversy prior to the April election was much desired, the quo warranto case was, by direction of Governor Hoadly, carried immediately to the Supreme Court which, on March 25, pronounced the Myers Law to be unconstitutional and void so far as its provisions for redistricting Columbus were concerned. The law further provided for consolidating all the departments of the city under the management of one board of three members to be elected by the first council chosen under the new districting, the members to be each paid a salary of $2,500 per annum, to give their entire time to their official duties and to serve for the term of three years. This part of the law was also pronounced void by the Supreme Court.
1886 .- A street improvement law especially designed for Columbus, and com - monly known as the Taylor Law,' was passed May 11. The extent and character of the improvements executed under this law have been described in Chapter XXXII, Volume I. Its principal feature consisted in conferring upon the council authority to issue bonds to cover the cost of each particular improvement, the bonds to run for a period of not less than eight years, at six per cent., and to be a lien on the abutting property, by the assessment of which, according to its frontage, the cost of the improvement, principal and interest, was to be paid. On Febru- ary 18 Thomas B. Vause was appointed City Inspector of Milk and Meat.
1887. - A fifteenth ward was created by ordinance of February 28. A con- tract for the renumbering of houses was awarded May 16. On April 22 John E. Murphy was chosen by the Commissioners to be Chief of Police. Mr. Murphy had previously gained important experience as a detective. The office of police sergeant was abolished by the board, and the position of roundsman was created. Frederick Stoker was elected Police Captain. Laws authorizing the city to pur- chase pumping engines, and to finish and equip fireengine houses were passed February 2. An issue of trunk sewer bonds was authorized by act of March 18. The registration and election laws were so amended as to all apply to Columbus March 16. The sanitary police force of the city was abolished by act of March 21.
1888 .- A law forbidding obstruction of the streets of the city by railway trains was passed March 24 An act to provide for cleaning, repairing and sprinkling streets and planting trees in the same, was passed March 28. An act authorizing, on consent of the voters of the county, an issue of bonds for the improvement of Franklin Park was passed March 30. An issue of $150,000 waterworks bonds was passed April 14. A tax levy for the establishment of a manual training school was authorized by an act of April 14. John H. Parr was elected Captain of the Police March 5.
1889 .- Further authority to issue trunk sewer bonds was conferred by act of March 27. An act providing for the improvement of Franklin Park was passed April 12.
In 1887 a radical change of system in the government of the city was exten- sively agitated. The subject was discussed in the Board of Trade, in the news- papers and in the pulpit, and this discussion has since been spasmodically renewed with each recurring spring election. The predominant idea in the change pro- posed is that of classifying the departments of municipal administration more
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