USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. IX > Part 56
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_Your memorialists are able to show, from attested vouchers and documents, that the sum now appropria- ted by the Corporation to the Fire Department, is inad- cquate to defray even the current expenses of the se- veral companies. These current expenses are the small- er portion of the amount necessary to sustain the com- panies, as their apparatus requires frequent renewal, the cost of which devolves considerable expense upon individual members.
A portion 'of your petitioners have recently been obliged to obtain new locations for their apparatus, ha- ving been, at a short notice, required to leave eligible si- tnations, held without cost, for many years. The great rise in the price of real estate, has rendered suitable situations difficult to be procured, except at an expense utterly beyond the means of your memorialists. In
" In Broad between Market and Chesnut streets.
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some cases, temporary buildings have been erected' on ineligible lots, and in others, where it was deemed expe- dient to purchase, in neighbourhoods contiguous to the residence of the members, that the apparatus of the company might not be rendered utterly useless, the property of the company and that of the individual mein- bers,has been pledged for the redemption of loans, mort- gages, &c. Your memorialists submit to the city Coun- cils, that this is not an enviable situation for institutions, the operations of which so far from affording profit to the members, subject them to continual losses and de- privations.
Your memorialists being aware that many members of the city Councils, have been and are attached to Fire Companies, deem it scarcely needful to refer to the expense necessarily incurred by firemen-independent- ly of the particulars above mentioned-for suitable fire cquipments, to the time lost by the members obliged to leave their business at the first signal of alarm; to the deep inroads, frequently irreparable, made in healthy constitutions, by repeated exposures, as these matters must be perfectly well understood. They believe that the city Councils are also aware, that the greater por- tion of those attached to the Fire Companies, are not the owners of real estate, and therefore not personally interested in the support of efficient fire apparatus.
Your memorialists would also beg leave to remind the city Councils, that the whole expense of the Fire De- partments of New York, Cincinnati, Boston, Baltimore, Charleston, Savannah, New Orleans, and other cities, is borne entirely by the corporate authorities thereof. In addition, the authorities of several of the above cities, provide for every member of the Fire Department, a suitable dress, so that said members are not necessarily subject to expense. In some of the above cities, also, Firemen enjoy, by legislative enactment, immunities and privileges, which are possessed by no other class of our citizens.
Your petitioners do not mention these facts because they, in consideration of belonging to the Fire Depart- ment, desire an exemption from the observance of any of the laws of the state, or because they wish to be fur- nished with equipments gratis-for such privileges and immunities if offered, would be respectfully declin- ed-but they mention them to show the city Councils, that their request for an additional appropriation to de- fray the necessary expenses of their apparatus, is in it- self reasonable, just and proper, and fully sanctioned by the operation of many other city corporations.
Your memorialists, placing reliance upon the wisdom of the city Councils, make this appeal with confidence, feeling assured that if the subject receives that calm consideration it deserves, the Corporation will increase the present annual appropriation to the Fire Compa- nies.
All of which is respectfully submitted.
Mr. DUANE presented the following petition from PAUL BECK, jr. Esq. which was referred to the com- mittee on markets.
To the Honourable the Select and Common Councils of the L'ity of Philadelphia.
The petition of l'aul Beck, jr. respectfully showetli, That he is the owner of the messuage situate at the north east corner of High and Tenth streets, and that until the passage of the ordinance of the 29th Decem- ber, 1831, his tenants occupied the same and enjoyed the necessary right of free egress and regress, to and from the streets opposite the same without any other interruptions than such as were casual.
That since the date of that ordinance, sundry persons, justifying themselves by authority derived therefrom, have on every day except Sunday, crected temporary shambles on their carts extending several feet over the side walk and entirely obstructing the access to and from the street and your petitioner's messuage.
spectfully-but carnestly protest, and prays your honor- able bodies to revise and repeal this enactment (in the manner hereinafter proposed, ) as it seems to your pc- titioner an infringement of one of the cardinal rights guaranteed by the institution of this commonwealth to its citizens.
It is unnecessary to inquire how far the right of soil in the foot way and street opposite the houses, belongs to the owner of those houses. The general law of Pennsylvania, is, as your petitioner has been advised, that the right of soil in a public road, remains in the owner of the adjoining land, and that the public have only a right of passage.
Whether there be any thing peculiar in the origin of the titles of this city to exclude them from the general law, he will not now discuss. Suffice it to say that the way or passage to the street is one of the essential ap- purtenances of property, and cannot be taken away without materially diminishing its value.
Your petitioner has been taught by the constitutions of this commonwealth and of the United States, that " no man's property should be taken or applied to pub- lic use without the consent of his representatives, and without just compensation being made:" and although doubtless this provision is familiar to your honourable bodies, yet he takes the liberty of referring you to the 10th section of the 9th article of the constitution of Pennsylvania, and to the 5th article of the amendments of the constitution of the United States. Notwithstand- ing these prohibitions, the ordinance in question has ta- ken away a valuable portion of your petitioner's pro- perty, and so far from making him compensation, the rents of these stands are directed to be paid into the ci- ty Treasury.
Your petitioner understands this clause of the consti- tution to restrict the power of the Legislature itself, and therefore is doubly at a loss to know how Councils ex- ercise such an authority. The Legislature has not im- parted to them even the restricted powers which it could impart. There is no provision in the charter of the city to enable the Councils to appropriate private pro- perty to public use, even upon the terms of compensa- tion: but should the city's interest require such a mea- sure, application must be made to the Court of Quarter Sessions, under the act of the 25th March, 1805, or to the Legislature for special law.
Your petitioner well knows that the courts of the com- monwealth are open to him; but he is an old citizen and has experienced for many years the beneficial action of the Municipal Legislature, and is unwilling to resist the exercise of this power lest it should lead to a spirit and fashion of hostility to the city authorities: he is willing to submit to temporary inconvenience, if there be a fair prospect of ultimate removal.
Your petitioner therefore prays your honourable bo- dies to pass an ordinanec, and make an appropriation for the immediate erection of more Market-houses, and to provide by the same ordinance that upon the com- pletion of the buildings the regulation of which he complains shall cease.
And your petitioner as in duty bound will ever pray, &c. &c. PAUS, BECK, Jr.
Mr. WonnELL as chairman of the committee to dis- tribute Wood to the necessitous poor, made the annex- ed report which was agreed to:
The joint committee appointed on the tenth day of November last, for the distribution of the Wood pur- chased for the necessitous poor and respectable house- keepers, widows, as per wills, &e. beg leave to report:
That they have during all the month of January last, distributed the same in small lots amounting to nearly four hundred. The expense of which including haul- ing, superintending and sawing the same, amounting to $176 46. The committee thought it desirable to have the wood sawed in most cases into three, thus rendering it more useful and beneficial to the aged women and
Against this grievance, your petitioner docs most re- I others, recipients of the bounty of the testators. They
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have drawn their orders on the Mayor for the above amount, which have been promptly paid by the city Treasurer, and charged to the proper account, All which is respectfully submitted.
COMMON COUNCIL .- The following communica- tion from the Mayor of the city enclosing a communica- tion from the City Commissioners, was received and referred to a joint committee of three members of each Council, and Messrs. Fritz, Sexton, Oldenburg, Johnson, Pettit and Massey were appointed the Committee.
MAYOR'S OFFICE, March 22d, 1832.
To the Presidents of the Select and Common Councils.
Gentlemen,-The watchmen of the city have present- ed to the City Commissioners a petition praying for an increase in their wages. The Commissioners unwilling to act in a matter involving a considerable increase of annual expenditure, have .referred the subject to me with a request that it might be submitted to Councils. I accordingly send the petition of the watchmen with the letter of the Commissioners. . The ordinances au- thorize the Commissioners " to employ a sufficient num- ber of able bodied men for lighting and watching the city, at certain fixed monthly or other wages." Their wages have been for several years, fixed at 18 dollars per month with an allowance of 25 cents per month for each lamp had in charge. The present arrangement, which has existed for many years, divides the men into two classes, the north and the south men, who have charge of lamps in addition to watching, and the east and west men who attend to watching only. The rate of compensation and division of duty is unequal, and on other grounds, objectionable. Uniformity of wages and duty is certainly to be desired, for obvious reasons. The present number of watchmen is about onc hun- dred, and of lamps about two thousand. An arrange- ment assigning to each the same number of lamps would effect a division of duty and labor more advantageous. This change however, without a general increase of wages, would be a serious deprivation to a large num- ber of men who have long been dependant on the lamps with which they are intrusted for a reasonable amount of monthly wages. The highest amount paid to any watchman is about 30 dollars per month, and some have in charge 50 lamps, a charge scarcely consistent with the duty of watching. It will be found upon inquiry that the rate of wages paid the watch of this city is much less than obtains in other cities, and that their du- ties are more laborious. A rate of monthly wages that might be deemed reasonable and proper would proba- bly require an increased annual expenditure of 8,000 dollars. I should hesitate to recommend a measure re- quiring so material an increase in the annual appropria- tions, but a proper regard for a class of faithful public servants occupied in an arduous and hazardous service, and a view to further improvements in that important branch of the city police, warrants me in suggesting that their petition merits the favorable consideration of Councils,as well from the justice of their plea, as from the public interests. A reference also to the munificent be- quests, of the late benefactor of the city, Mr. Girard, which embrace this object, seems to justify an early at- tention to it.
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I am, very respectfully, yours, B. W. RICHARDS. CITY COMMISSIONERS OFFICE, March 21, 1832.
Benj. W. Richards, Esq. Mayor of the city of Philadel- phia.
Sir,-The City Commissioners have received a petition from the city watch, requesting an increase of wages. The Commissioners are favorable to this application, as they consider the present wages inadequate to the ser- vices performed; but as the desired increase would in- volve a considerable additional expense, they do not deem it proper to decide on it on their own responsibili-
ty. They therefore beg leave to refer it to your con- sideration, that, if you think proper you may address Councils on the subject. The Commissioners respect- fully refer you to the estimate they have laid before you. as to the increased expense that will be necessary.
By order of the City Commissioners.
ROBERT HI. SMITH, City Clerk. To the Honorable the Mayor and the City Commission- ers. The petition of the subscribers, Watchmen of the city of Philadelphia, respectfully represents, That your petitioners are encouraged again to approach yon, pray- ing you to take into consideration, a subject of great importance to your petitioners; an increase of their monthly wages. They believe that their present wages are lower than are paid to any persons employed on similar service, and respectfully represent that they are not adequate for their support and that of their families, and for such provision as is indispensable for them in case of sickness. They would represent that their nightly labour's especially at this season of the year, are so lengthened as to prevent them from the exercise of much bodily labor during the day, except at the expense of their health. Many of your petitioners have by their laborious watching at night, and necessary labors by day for the support of their dependant families, se- riously impaired their health and bodily strength. They also represent that their exposure to the inclemency of the weather almost uniformly produces some attacks of sickness, during which they incur expense and are de- prived of the means of any earnings for themselves and families. Your petitioners while they will cheerfully continue to discharge their duties faithfully, whatever may be your decision, feel assured that they appeal to the representatives of citizens who are able and willing to afford to their public servants adequate compensa- tion. Your petitioners represent that they express their sincere sentiments when they say that their wages are not a sufficient compensation for their services and labors. And believing that the watch may be improved and their duties performed with more alacrity, if they can look to their stations as affording full and sufficient wa- ges, they' respectfully ask the attention of the Mayor and City Commissioners to this matter and subject.
A communication from BENJAMIN C. HOWARD, Esq. a member of Congress, was received relative to the CHOLERA, which was referred to the President of Coun- cils in conjunction with the Board of Health.
The annexed communication from the Mayor of the city enclosing one from " The Gold and Silver artificers" was received and was referred to a joint committee of two members ofeach Council and Messrs. Sexton, Hood, Worrell and Toland were appointed the committee.
MAYOR'S OFFICE, 2 Philadelphia, March 22d, 1832. To the Presidents of the Select and Common Councils.
Gentlemen, -I transmit yon a silver medal prepared during the procession of the late Centennary Celebra- tion, by the gold and silver artificers of the city, by whom it is presented as a suitable memorial to be enclos- ed in the corner stone received from the Marble Masons for the proposed Washington Monument. I take plea- sure also, in enclosing their letter, urging further mea- sures for the promotion of that object in which a lively and increased interest must be felt by all our fellow citi- zens.
Very respectfully, yours,
B. W. RICHARDS.
To the Mayor of the City of Philadelphia.
The undersigned, a committee appointed for that purpose, beg leave, in behalf of the Gold and Silver Artificers of Philadelphia, to present to the civil author- ities, the accompanying Silver Medal, prepared during the late Centennial Celebration, and intended to be de- posited in the Corner stone presented by the Marble Masons for the proposed Washington Monument. In
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tendering this humble tribute of gratitude to the memo- ry of the illustrious patriot, whose hundredth birth day has just been so warmly and enthusiastically commemo- rated by the whole nation, and nowhere more signally than in this eity, the undersigned, on the part of their brethren beg leave to express an anxious wish that the contemplated monument may be facilitated as much as possible, and to suggest, that if further contributions from the citizens are required, that no time better than the present could be selected for that purpose-as, cold indeed must be the heart, and contracted the nature of that American who would not at such a moment yield his pittance towards the accomplishment of such an ob- ject. With the present generation, and indeed so long as patriotism is worthy of emulation, and wherever li- berty finds a votary, the name and the merits of Wash- ington cannot be forgotten. They are in the hearts of his countrymen-they have become matter of history, and will be transmitted to future times as themes of wonder, and of admiration-nevertheless, it becomes us, as a grateful nation, whose example is held up to the olden world as worthy of all praise, and as a prototype for future republics, to exhibit some public and visible token of the manner in which we appreciate "the first in war-first in peace, and first in the hearts of his countrymen."
With sentiments of the deepest respect, We remain, yours, &c.
The following communication from DAVID E. SHAPLEY was received, and referred to a joint committee of two members of each Council, and Messrs. Baker, Ol- denburg, Duane and Johnson were appointed the com- mittee.
PHILADELPHIA, March 20th, 1832. To the Honorable the Select and Common Councils of the city of Philadelphia.
Gentlemen,-The subscriber has for some time been using a part of the lot of ground belonging to the Cor- poration of the city of Philadelphia, north of Market Street Bridge :-- bounded by Market street, Front street, Cuthbert's line and the river Schuylkill, for which pri- vilege 1 have been paying twenty dollars per annum, but in consequence of the said lot being a Common I cannot occupy it satisfactorily; as it is with great trouble and difficulty any lot can be exclusively enjoyed any where within the bounds of this city that is not enclosed. I therefore propose renting the said described ground npon the following terms, viz: I will agree to take it for the term of seven years, inclose it with a good fenee and drain off a large pond of water which covers a ve- ry considerable portion of the said premises, wluch is considered a great nuisance in that neighborhood, and which body of stagnant water must have a very delete- rious effect upon the inhabitants residing in that vicinity; and I will build a good tenantable brick house thereon at the north-east or north-west corner of Market and Ashton streets, provided you will agree that the Corpo- ration shall pay me at the expiration of that time what- ever the said house may then be valued at by disinte- rested persons, then to be mutually chosen or agreed upon by the parties who may then be interested; and I will bind myself to pay the Corporation an annual rent of one hundred dollars for the same. Or if the honor- able Councils should not deem it expedient to bind the Corporation to take the building at the expiration of the term aforesaid upon the proposed terms aforesaid, I am willing to bind myself to pay the Corporation at the expiration of the said term of seven years, rent at the rate of four dollars per foot where I propose to erect the said house, at the north-east or north-west corner of Market and Ashton streets, for a lot then and there to be laid off, of the following dimensions, viz: twenty-five feet wide on Market street, and running back to the next street or alley between Market and Fil- bert streets; or if the honorable Councils should not be inclined to accede to either of the foregoing proposi- VOL. IX. 26
tions, I will agree to take the said lot for the said term of seven years at an annual rent of seventy-five dol- lars.
The honorable Councils will confer a particular fa- vor upon the subscriber by letting him know the result of their conclusions on his propositions, as soon as it may comport with their convenience-his dwelling house is No. 122 west Market street.
I am,gentlemen, with great respect your obedient ser- vant.
DAVID E. SHAPLEY.
Mr. BAKEN as Chairman of the Paving Committee made the two following reports and resolutions which were agreed to.
The Paving Committee to whom were referred the petition of the President and Managers of the Philadel- phia Exchange Company,-Report:
That it is the opinion of said Committee that Councils have not the power to grant the request of said petition, and offer the following resolution:
Resolved, That the Committee be discharged.
The Paving Committee to whom were referred the pe- tition of a number of persons residing in Moyamensing respecting the water in 13th street,-Report:
That they are of opinion it is inexpedient to act on said petition, as it is from individuals in a district out of the jurisdiction of the City, and offer the following re- solution :
Resolved, That the Committee be discharged.
Mr. Moss as Chairman of the Committee on the City Property, made the annexed report which was re-com- mitted to the Committee, to report an ordinance in con- formity therewith, at the next meeting of Councils.
To the Selcet and Common Councils of the City of Phila- delphia.
The committee to whom was re-committed a report made in part relative to the improvement of the City Property fronting on the Schuylkill, south of the Per- manent bridge, state:
That agrecably to the instruction of Councils, they have extended their views and inquiries as to the fur- ther improvement of that property, and submit the an- nexed plan and estimate, showing that the southernmost section including the Chesnut street front, and the old basin, is susceptible of great improvement, containing two wharves on the Schuylkill of sixty-five or seventy- five feet each, with a dock on the south line of nine- teen feet in width, and also an inlet into the basin as a flood-gate, with a water harbour, or landing dock there- in of about forty-five feet in width by two hundred feet in length, capable of containing craft or boats of trado at all times, for the purpose of loading or unloading ar- ticles of merchandize, and at the same time leaving a space of ground on the north side of thirty-five feet, and on the south side, of thirty-five clear of the street line, and a landing at the upper end of fifty-two feet to Beach street, thereby leaving a landing and passage for porterage all around the basin. The estimate of ex- pense for building or erecting the two wharves, and the clock on front of the Schuylkill including the wharfing or banking up the basin, as estimated by I. D. Grover (herewith submitted) is set at seven thousand dollars exclusive of the filling in, and for which purpose it does appear to your committee, there is earth sufficientin the immediate vicinity. All of which is respectfully sub- mitted in connexion with the original report of the com mittee, submitted July 14th, 1831.
Mr. Fairz as Chairman of the Committee on Fire Companies, made the following report and resolution, which were agreed to.
The Committee on Fire Companies, to whom was re- ferred the petition of the Officers of the Pennsylvania lose Company, for permission to occupy part of a lot on Coates street, late the property of Stephen Girard, Esq. for a temporary building, have to report:
That the property in question is not under the control
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of the City authorities at this time, and therefore what- ever the inclination of the committee might be to re- commend Councils to accede to the prayers of the pe- titioners, they find it necessary to report unfavorably and offer the following resolution:
Resolved, That the Committee be discharged from the further consideration of the subject.
Mr. SEXTON as Chairman of the committeee to whom was referred the petition of Ezekiel Hand, made the annexed report and resolution, which were adopted.
The committee to whom was referred the petition of Ezekiel Hand, late a watchman, beg leave to re- port:
It appears from the records of the City Commission- ers, that the petitioner was employed for some time as one of the city watch, and subsequently as a watch un- der the direction of the clerk of the market in High street, and that while so employed, from continual ex- posure, was taken sick and rendered incapable of dis- charging his duties, from and after the 31st December, 1828, and accordingly another was appointed in his place.
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