USA > Wisconsin > Milwaukee County > Milwaukee > History of Milwaukee from its first settlement to the year 1895 > Part 13
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The most important change made by the act of 1858 was in the constitution of the common coun- cil, which was divided into two bodies, the board
of councilors and the board of aldermen. The councilors were elected, two from each ward, for terms of two years ; the aldermen, one from each ward, were elected annually. The mayor presided over the separate meetings of the two bodies, which sat on alternate Mondays, and also over joint sessions which were authorized to be held for the consideration of charges of malfeasance against city officials. Each board had power to choose also a president to preside in the mayor's absence ; and these in the absence of the mayor from the city, or in case of the mayor's disability-the president of the board of aldermen, first, and, in case of his absence or disability, then the president of the board of councilors-were to take his place and serve as acting mayor. The city clerk was made the clerk of both bodies. The mayor pos- sessed the power of veto, which might be overcome by a majority-changed in 1861 to a two-thirds vote-of all the members of each board.
The same act provided for the election of a convention, composed of three delegates from each ward, to revise, codify and amend the city charter and other laws relating to the city, and for the submission of the result of their deliberations to a popular vote. But this was only one of a number of attempts to secure a new charter, which came to nothing.
The separation of the common council into two bodies and the consequent double organization which it involved, were continued until the adop- tion of the present charter in 1874. This feature of the law of 1858 met constant opposition, partly on the ground of its cumbersomeness, but princi- pally because of the difficulties which it interposed in the way of special and partial legislation. On the other hand this was felt to be a great safe- guard against jobbery and extravagance, and gained the earnest support of lovers of good government, and it remained longest unchanged of any of the provisions of the law. Others were sooner changed. The office of street commis- sioner was abolished in 1859, and his duties laid upon the councilors of the several wards. The power of appointing the assessors was taken from the mayor, and one assessor was directed to be elected annually in each ward. The mayor was, however, still allowed to appoint an officer known as city assessor; and this officer and the ward assessors had places on the board of review. In 1859 the office of police justice was abolished
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DEPARTMENTS OF THE CITY GOVERNMENT.
and in its place was established the Municipal Court for the city and county of Milwaukee. The municipal judge holds for a term of six years and the office is elective. There have been but two incumbents of this office since it was created. James A. Mallory was the first Municipal judge and held the position until 1890 when he was succeeded by Emil Wallber.
The condition of the city's finances compelled the passage by the legislature in March, 1861, of an " Act to enable the city of Milwaukee to read- just its corporate debts," and authorizing the ap- pointment by the mayor, subject to the approval of the common council, of three new officers to be known as commissioners of the public debt. The term of office of each commissioner was to be three years. This act, so far as it relates to the power and duties of the commissioners of the pub- lic debt, still remains in force, its provisions in this respect having been continued and repeated by every one of a large number of special laws authorizing the issue of city bonds for public pur- poses, and as its provisions are important they are summarized here.
It authorized the city of Milwaukee, by ordi- nance, and with the approval of the commission- ers of the public debt, to issue new bonds as fol- lows :
First. For readjusting the bonded debt pre- viously incurred for strictly municipal purposes and retiring all outstanding bonds-except those which had been issued in aid of railroad construc- tion and which were left to be subsequently taken care of when it should become necessary to do so- including principal and interest np to June 1, 1861, but not exceeding in amount the sum of eight hundred and twenty-five thousand dollars.
Second. For funding and retiring all other city indebtedness existing prior to February 1, 1861, including principal and interest up to June 1, 1861, and not exceeding three hundred and twenty thousand dollars.
All bonds issued under this law were required to show upon their face for which of these pur- poses they were issued. They were to be signed by the mayor, countersigned by the comptroller and attested by the commissioners of the public debt; to be made payable at the city of New York at the end of thirty years with interest at not more than five per cent .; and were not to be disposed of at less than par. A tax upon all taxable property in
the city, sufficient to cover the interest accruing upon the bonds, was to be levied each year; and a further tax of half of one per cent. for the first five years, and of one per cent. thereafter, was required to be raised as a sinking fund until all bonds issued under the act should be provided for. It was made the duty of the commissioners of the public debt each year to certify to the common council the amount so required for that year, and the duty of the common council to levy such tax; and in case of refusal or neglect on the council's part, then the commissioners of the public debt were required to levy the tax themselves; such tax to be placed on the tax roll and collected in the same manner as other taxes, but to remain in the city treasurer's hands as a distinct fund not subject to the order or disposal of the common council; but to be paid out only upon orders signed by the mayor, countersigned by the comp- troller and approved in writing by a majority of the commissioners of the public debt. The comp- troller was to be ex officio, the secretary of the commissioners. Once a year the commis- sioners were directed to advertise in a newspaper published in the city of New York and in one published in Milwaukee for bids or proposals for the surrender and cancellation of bonds. Bonds offered in response to these advertisements were to be redeemed at par or below-lower offers being first accepted-so far as the sinking fund allowed, and in case more were offered than could be taken up, the selection was to be made by the commissioners by lot; and in case no offers were made selections should be made in the same way from the total amount of bonds outstanding; the bonds so chosen to be canceled at par. For the protection, both of the interests of bondhold- ers and of the credit of the city, it was ordered that all the bonds which were thus issued should contain an express covenant to the effect that the city would issne no bonds except under or consist- ently with this act, until the aggregate amount of the bonds issued thereunder and outstanding, should have been reduced to five hundred thou- sand dollars or under. As an aid, or inducement, to this refunding scheme, it was ordered that no city or school order or scrip issued prior to Febru- ary Ist, 1861, should be received in payment of taxes, other than delinquent taxes for prior years. This law was successful in accomplishing the ob- ject for which it was enacted-the refunding of
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HISTORY OF MILWAUKEE
the municipal debt. Bonds were issued in accord- ance with its provisions, bearing interest at four per cent. for the first five years and at five per cent. for the remaining twenty-five years. The restric- tions of the act and of the covenant required to be inserted in the bonds issued under it, prevented any further increase in the bonded indebtedness of the city until 1871, when the five hundred thou- sand dollars limit was reached and the urgent need of a more ample water supply led to the en- actment of laws authorizing the construction of a complete system of water works and the issuing of so-called " water bonds " to the amount of one million dollars, which was increased by subsequent enactments to one million six hundred and fifty thousand dollars. As the city's credit has been able to bear it, new issues have been anthorized for ex- tensions of the water works, for the flushing tunnel, intercepting sewers, public buildings, parks and bridges, which have found ready sale and often at a generous premium. The next important change made in the administration of city affairs was the creation by the legislature in 1869 of a board of public works, to be composed of three mem- bers, appointed by the mayor, with the appro- val of the common council, one from the East, one from the West, and one from the South sides, to hold for terms of three years. This board was to constitute an important executive department of the city government. To it was given the duty of appointing a city engineer, to take the place of the prior city surveyor, but with more important duties. To this body was committed the charge and superintendence of all the streets, alleys, pub- lic grounds and public buildings, of bridges, docks, sewers, dredging of the rivers, and of all public works and improvements. Every spring the board was required to determine upon the general sys- tem of improvements for each ward, acting in this with the members from the respective wards in the common council. Having so laid out the work in advance, they were required to put an es- timate of the cost of needed improvements on file for publie inspection and recommend the proposed improvement to the council for approval. When approved the work was to be done as ordered by the board. There was the further restriction, that improvements which were to become a charge upon private property, should not be undertaken until a petition therefor had been presented to the common council, signed by the owners of a majority
of the frontage of the abutting lots, if residents of the city; or, if such owners happened to be non- residents, then by a majority of the resident own- ers of adjoining blocks where similar improvements had already been carried out. In all cases the board assessed the benefits and damages which would accrue to the abutting lots and charged upon them the difference, if beneficial; or ordered it paid out of the ward fund, if injurious. From their assessment an appeal lay to the common council, and from there to the courts, which were properly vested with authority in the end to de- termine the rights of aggrieved property owners. When any improvement had been determined upon the board were required to advertise for bids, which were required to be accompanied by bonds for satisfactory performance; and the con- tract was required to be let to the lowest bidder unless in an emergency it should be recommended by the board, and voted by two-thirds of the mem- bers of the council, to have the work done directly under the charge of the board and its agents without a contract. Very great power was given to the board over contracts for public improve- ments, by a direction that in every contract they should expressly reserve the right to determine finally, all questions which might arise in refer- ence to the manner of its performance. They might suspend any contract which was not prop- erly carried out; might order work to be done over again, and might even rescind and re-let the contract to other parties whenever in their judg. ment it was necessary to do so. They had the final decision as to all claims in respect to amounts earned; and if they decided that work had been done in such a manner as to result in damage to the city, they were authorized to deduct such damages from the amounts earned by the con- tractor, and might even fasten upon him a liability for excess of damages over and above all he had been paid or earned. In all these cases the decis- ion of the board was made final. By subsequent acts the city engineer was made a member of the board, and his appointment vested in the mayor and common council. The authority of the city comptroller was also subsequently extended so as to require all estimates and contracts to pass un- der his scrutiny. The original act provided for a submission of its provisions to the electors of the city at the spring election of 1869, at which it was ratified by the voters, and took effect accordingly.
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DEPARTMENTS OF THE CITY GOVERNMENT.
In 1871 there was created a board of water commissioners of seven members, to serve for terms of one, two, three, four, five, six and seven years, respectively; subsequent appointments to be made, as vacancies occurred, for seven years, such appointments to be made by the mayor and com- mon council. These officers were to serve without any salary. The act creating the board expressly named the first incumbents, who were Alexander Mitchell, John Plankinton, Edward H. Brodhead, Edward O'Neil, Guido Pfister, Frederick Pabst and George Burnham. The duty of the board. was to examine, consider and determine the best way of supplying the city with pure water. They were to prepare specifications, diagrams and esti- mates, which were to be submitted to the common council, and when approved were to be carried out by the board. In pursuance of the object for which it was organized, the board was authorized to construct tunnels, cribs, reservoirs, buildings, purchase machinery, lay pipes, hydrants and foun- tains, and purchase or condemn land needed for any such purposes ; and the entire system of waterworks, with its rentals and income from every source was to belong to the city. The board was authorized to appoint a secretary, treasurer, chief and other engineers, a general superintend- ent, clerks and agents, and to fix their com- pensation. Every spring a report of the plans for the year was required to be laid before the common council for its approval, and reports showing what had been done and the condition of all funds appropriated to the work were to be made quarter- ly to the council. Rules and regulations governing the use of water were to be made by the board and rentals to be fixed by it. The following year an act was passed expressely vesting in the board of water commissioners-in respect to work and contracts within their jurisdiction-all the extra- ordinary powers vested in the board of public works in respect to the same matters within their jurisdiction. It was also provided that the first cost of laying the main water pipes in the streets should be charged upon the abutting lots. The powers of the board of water commissioners were afterward, by the charter of 1874, turned over to the board of public works, and the important and expensive work of the construction and subse- quent extension of the water works of the city has since been carried on under the supervision of the latter board.
The present charter of Milwaukee is the one enacted by the legislature in 1874, and known as chapter one hundred and eighty-four of the laws of that year, with such amendments as have been enacted from time to time since that date. Prior to the session of 1893 there had been enacted at every session a mass of special legislation creative or amendatory of municipal charters, so much so that since 1882 these have required a separate volume annually. The wisdom of permitting the time of the legislature to be taken up by the local claims of every distinct municipality in the state came to be questioned as the burden grew more and more heavy ; and in 1891 there was submitted to the people, to be voted upon at the fall election in that year, an amendment to the constitution of the state extending the prohibitions against special legislation, contained in that instrument. to legislation "incorporating any city, town or vil- lage, or to amend the charter thereof." This amendment was adopted by popular vote and its effect has been to reduce by one half the annual volume of legislation. A general law providing. a method for the incorporation of cities and defin- ing their powers was passed in 1889, and its pro- visions were made applicable to such existing cities as might choose to surrender their special charters and take out a patent under this act. There are other laws, also, generally applicable to all municipalities, such as sections eight hun- dred and ninety-five, nine hundred and twenty- seven and nine hundred and forty-two of the Wisconsin Revised Statutes of 1878, relative to the condemnation of land for public use and the issue of bonds for public improvments, the object of which has been to do away with the necessity of special legislation ; but Milwaukee has not chosen to surrender her charter and, up to the passage of the constitutional amendment above mentioned, has succeeded in procuring special legislative sanction to such special measures relat- ing to the city's interests as did not seem to be sufficiently covered by its charter. Under laws of this character, authority has been received for such public improvements as the construction of bridges, waterworks, common schools and high schools, the flushing tunnel connecting the lake and the Milwaukee river, an important system of intercepting sewers devised with the object of preserving uncontaminated as far as possible the waters of the rivers intersecting its territory, and
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HISTORY OF MILWAUKEE.
the development and improvement of its magnifi- cent system of public parks, npon which objects vast sums of money have been expended. These, however, are matters which lie outside of the lim- its of this chapter and will be treated elsewhere.
The charter of 1874 abolished the double cham- ber organization of the common council and re- stored the single chamber of earlier days. The elective officers are the mayor, treasurer, comp- troller, attorney, two aldermen from each ward, eleven justices of the peace, to each of whom a separate district is assigned, and eleven consta- bles, one from each of such districts ; the term of office of all these being two years, with the ex- ception of the city attorney, whose term is four years. The president of the common council and the city clerk are elected by the common council ; and the former presides over all of its sessions and becomes acting mayor. in case of the disability of the mayor. Other officers are a board of public works of four members, including the city engi- neer, holding for three years; a tax commissioner to serve for three years; an assessor for each ward, to serve for two years ; a board of commis- sioners of the public debt of three members, hold- ing for three years ; a commissioner of health to serve for four years ; and a board of park com- missioners of five members, holding for five years, all of whom are appointed by the mayor, with the concurrence of the common council. There is also a board of fire and police commissioners of four members, serving for four years, whose mem- bers are appointed by the mayor alone. There is also a school board, composed of two members from each ward, who are chosen by the common council on the nomination of the aldermen from the several wards and who serve for three years.
The fire and police departments were placed for the first time under a system of civil service regu- lation in 1885, by an act creating the board of fire and police commissioners. This Act provided that after the first Monday of July, 1885, no ap- pointments should be made to any position in either of these departments except with the ap- proval of this board, who were authorized to make such rules and regulations in reference to such appointments as they should deem best adapted to promote the interests of the public. Vacancies in the offices of chief of police and chief engineer of the fire department are filled by ap- pointment by the board, and the appointee holds
his office during good behavior. The inspector of police and first assistant engineer of the fire department are appointed by the chiefs of those departments respectively, subject to the approval of the board, and hold during good behavior. All other appointments and promotions in either de- partment are made by its chief, subject to the ap- proval of the board, but the appointees may be removed by their respective chiefs at pleasure.
The qualifications required of applicants for positions upon the police force under the rules and regulations adopted by the board, are briefly these: Applicants must be citizens of the United States, have resided in Milwaukee for at least three years, must be not less than twenty-five nor more than thirty-five years of age, not less than five feet nine inches in height, and not under one hundred and fifty pounds in weight. Every ap- plication must be in the applicant's hand-writing, and signed and sworn to by him, and must be accompanied by the certificates of not less than three reputable citizens of Milwaukee, freeholders, vouching for the character of the applicant. The qualifications required of members of the fire department are the same, except that in their case the minimum age is twenty-four and the mini- mum height five feet and seven inches.
All applicants must undergo a competitive ex- amination, partly oral, partly in writing and partly physical, designed to test their ability to read and write, their knowledge of the city and of elementary arithmetic, their degree of industry and skill in their several trades and their physical qualifications for the duties of the places to which they aspire. The names of those who succeed in passing the examination are placed in order of merit upon an "eligible list," and as vacancies occur in their departments the names upon these lists are certified by the chief examiner to the chief of the department, who makes his appoint- ments from these names and submits them to the board for approval. Before being approved the applicants have to furnish a certificate of health and good physical condition from a physician ap- pointed by the board.
Promotions are made from men already in the service who undergo special examinations for the purpose. " Eligible lists " for promotion are made of the names of the successful candidates, and promotions are made from these lists with the approval of the board.
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yours Truly John & Koch
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DEPARTMENTS OF THE CITY GOVERNMENT.
This law in relation to the board of fire and police commissioners has been in operation now for ten years, and its effect has been to free the fire and police departments from political influence. It has come to be thoroughly understood that no amount of political influence will be able to pro- cure appointments or promotions in either of these departments, and that such appointments and promotions are made solely upon merit. The effect has been to improve the discipline and effectiveness of both departments and to put an end to jobs and favoritism in these two branches of the public service. It is probable that in the near future a similar system may be extended to other departments of the public service, and in particular to that under the charge of the board of public works.
The following is a list of all who have held the office of mayor of the city since its incorporation in 1846 :
1846 Solomon Juneau. 1872 David G. Hooker.
1847 Horatio N. Wells.
1873 Harrison Luding-
1848 Byron Kilbourn
1849 Don A. J. Upham.
1850 Don A. J. Upham.
1851 George H.Walker. 1852 Hans Crocker.
1853 George H. Walker.
1854 Byron Kilbourn.
1855 James B. Cross.
1878 John Black.
1879 John Black.
1880 Thomas H. Brown 1881 Thomas H. Brown 1882 John M. Stowell. 1883 John M. Stowell. 1884 Emil Wallber.
1885 Emil Wallber.
1886 Emil Wallber. 1887 Emil Wallber. 1888 Thos. H. Brown. 1889 Thos. H. Brown. 1890 George W. Peck. 1891 Peter J. Somers. 1892 Peter J. Somers. 1893 John C. Koch.
1894 John C. Koch.
1895 John C. Koch.
The present salaries of the principal city officers are as follows:
Mayor $4,000
Comptroller - 4,000
Deputy Comptroller $2,200
City Attorney - - 4,000
Assistant City Attorney 2,400
City Clerk -
2,500
Treasurer 5,000
City Engineer 4,000
Assistant City Engineer 2,000
Commissioners of Public Works, each - 2,500
Registrar of the Water Department 2,500
Health Commissioner 2,500
Tax Commissioner 2,500
Chief of Police 3,600
Inspector 2,100
Chief Engineer of Fire Department 3,600
First Assistant Chief Engineer 2,100
Superintendent of Schools 4,000
Assistant Superintendent 2,500
Secretary of School Board - 2,000
The members of the school board, board of fire and police commissioners and board of park com- missioners, receive no compensation for their services.
The present limits of the city, as defined by chapter 449 of the laws of 1891, are as follows:
"Beginning on the shore of Lake Michigan where it is intersected by the quarter section line in section ten of township seven north, range twenty-two east, running thence west *
* * to the northwest corner of the southeast quarter of section twelve * * range twenty-one east, thence south to the southwest corner of the south- east quarter of section twenty-five of township seven north; thence east along the south line of said southeast quarter section twenty-five to the southeast corner thereof; thence south to the southwest corner of the northwest quarter of sec- tion seven of township six north, range twenty- two east; thence east to the one-eighth section line running north and south through the south- west quarter of section nine, range twenty-two east; thence south to the south line of said sec- tion nine; thence east to the east boundary of Milwaukee county; thence north to a point due east to the place of beginning; thence west to the place of beginning"-the east boundary of Mil- waukee county being the boundary line between Wisconsin and Michigan, and situated in the mid- dle of the lake. The actual territory embraced within these limits, not including any portion of the lake, is a little more than twenty-one square miles.
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