COUNCIL, MAYORALTY AND POLICE-II - 475 powers vested in the mayor are both executive and judicial ; those vested in the council both legislative and executive. Neither the mayor nor the council holds a direct and individualized responsibility to the people. As only four members of the council retired in one year, its character could not be changed by any single election, and a councilman, however derelict in conserving the interests of the city at large, was amenable for his conduct only to the electors of his own ward. Such were some of the leading, and as experience has abundantly shown, mischievous characteristics of this law, most of which, with variations chiefly in mischievousness by partisan or State meddling, have been perpetuated in the government of Columbus to the present time. The law charged the Mayor to be " vigilant and active at all times in causing the laws and ordinances of said city to be put in force and duly executed," and made it his further duty to "inspect the conduct of all subordinate officers" in the city government, and, " as far as in his power, to cause all negligence, carelessness and positive violation of duty to be prosecuted and promptly punished ; at the same time the agencies and instruments through and by which alone the laws could be executed were placed under exclusive control of the council, which, in addition to its legislative functions, was required to " appoint all assessors and collectors of taxes, city surveyors, clerks of the market, street commissioners, health officers, weighers of hay, measurers of wood and coal, wharfmasters," and all other city officers whose appointment or election was not 1otherwise provided for. The City Marshal was elected annually by the Council and appointed his own deputies whom he might at pleasure remove from office. The council selected from its own members a recorder and treasurer, each to serve for the term of one year Power was reserved to the council to appoint health officers and regulate their duties ; to " establish a city watch and organize the same ;" to establish and organize fire companies and provide them with bylaws and regulations; appoint "'supervisors and other officers of streets ;" and fill vacancies in office. The mayor ruled, the council governed. The city was virtually placed by its charter under the control of a committee of twelve persons, one quarter of whom, should the committee misbehave, might be dismissed by the voters at the next election. The mayor was an executive in name only. He was rather a general inspector and police justice, " vested with the powers coequal with justices of the peace within said city." His judicial decrees were executed through the marshal, who was amenable not to him but to the city council, which had the power to remove him, or any other city official, from office. The mayor had original and exclusive jurisdiction of all cases of violation of the city ordinances, but when a fine of five dollars, or more, was adjudged by him, exclusive of costs, appeal might be taken from his decision to the Court of Common Pleas. From the decisions of the council there was no appeal, except a modified one to the elect ors. The legislative body elected its own presiding officer ; had the " custody, care, superintendence, management and control of all the real and personal estate, and other corporate property " belonging to the city ; and had power to levy and collect taxes on all property " returned on the grand levy" within the corporate limits, provided the tax for any single year should not "exceed one fifth of one per centum on the aggregate value of taxable property in said city." The taxes were collected by the city marshal. The council, two thirds of its members concurring, might negotiate loans to pay the debts of the city, but one financial prerogative of its borough predecessor was forbidden it ; " nor shall the said city council," so the charter ran, " issue any printed notes or tickets to be issued under their authority, or under the authority of said city, as a circulating medium of trade or exchange, or in any way or manner, either directly or indirectly, 476 - HISTORY OF THE CITY OF COLUMBUS. engage in the business of banking." As the corporation possessed no prison, the use of the county jail was permitted. Acts amendatory to the charter of 1834 were passed by the General Assembly as follows : March 5, 1838, regulating the collection of road tax and expenditure of same in the improvement of streets, fixing the rate of the city levy, and permitting general as well as municipal elections to be held by wards ;.March 7, 1839, extending the corporate limits so as to include Gilbert's addition ; March 15, 1839, authorizing the city council to fix the places of holding general elections ; March 25, 1841, exempting firemen from jury service; February 11, 1846, prescribing the election of a mayor and marshal annually, fixing the number of councilmen for each ward at three, one of the three to be elected annually, constituting the city as one road district and conferring upon the council the power possessed by supervisors of highways in the collection of road tax ; February 27, 1846, authorizing the council to fill vacancies among its members; February 8, 1847, extending the city boundary eastward to the east line of Washington Avenue ; December 28, 1847, further extending the corporation limits eastward ; and on January 11, 1848, extending said limits southward. An act of February 1, 1847, gave to the street then known as Meadow Lane the name of Washington Avenue. An act of February 6, 1847, authorized the City Council, on vote taken and approval given by the qualified electors, to subscribe for stock in the Cleveland, Columbus and Cincinnati and the Columbus and Xenia railway companies to the amount of fifty thousand dollars in each company. An act passed February 3, 1845, " for the support and better regulation of common schools, in the city of Columbus" was amended by act of February 24, 1848. An act exempting the wharf lots but not the buildings thereon from taxation was passed February 22, 1832. A general act specifying the manner in which all town and city taxes should be levied and collected was passed February 22, 1848. Directly after organization of the city government under the charter of 1834 the legislation of the city increased rapidly and soon became so voluminous that only some of its more novel and striking features can be mentioned in a sketch of this kind. The first council under the new charter was elected April 14 and was organized April 21, 1834. At the next meeting, held April 28, inventories of corporation property in the possession of the mayor and marshal were taken, and Abraham Stotts was elected marshal and clerk of the market. The funds in the treasurer's office at the beginning of the new orzanization amounted to $90.75. On December 8 John Brooks was paid $37.50 for a half year's salary as mayor. On June 23 the tax levy for city purposes was fixed at two mills on the dollar. On May 20 the council voted to license the sale of intoxicating liquors and fixed the license fee at $150. An ordinance to prevent the introduction of contagious diseases into the city passed September 1, and on September 8 another, doubtless dictated by apprehension of the cholera, forbidding any person to " introduce into the city for use or sale any apples, plums, grapes, cabbages, cucumbers, water or musk melons or green corn " until the fifteenth of the ensuing October. This latter ordinance was repealed September 22. On September 9 George Rind, William McDonald and Benjamin Sells were appointed health officers for the first, second and third wards respectively. Their compensation was two dollars per day. An ordinance of October 30 declares that " no person shall sell any article of marketing whatever after two o'clock of the day before each market day, until the ringing of the bell on market morning." On December 29, Robert W. McCoy, N. H. Swayne and Alexander Patton were delegated to communicate with Major Brewster relative to construction of the Cumberland (National) Road through the city. On October 3 the Council moved into new quarters-two rooms and a cellar at six dollars per month -- " on Mr. McCoy's lot." COUNCIL, MAYORALTY AND POLICE-II. - 477 1835.—An ordinance of March 21, to provide for the payment of debts and protection of the city against fire, authorizes a loan of $11,000, bearing interest at not more than 7.5 per cent. per annum, and directs that a -corporation note of $6,500 to G. Swan and one of $500 to the Franklin Bank be redeemed March 1. Notices of petitions for the extension of Fifth and Sixth streets from Town to Broad and of State Street and Sugar Alley from Fourth to Seventh were given in April. An ordinance of June 9 provides for the appointment of a street commissioner to serve one year, with authority to made contracts for the improvement of streets and supervise execution of the same. The compensation of this functionary was three dollars per day. His appointment was made by the council. Sheep and swine were forbidden to run at large by ordinance of June 24. A resolution of July 13 required the marshal to notify all keepers of groceries where spirituous liquors were sold that they would be required to close their shops at 9:30 P. NI. until October 1. On the same date a petition signed by five hundred ladies of the city was presented to the council, asking that no license be granted " to sell ardent spirits as a drink." Another ordinance of July 13, after reciting that " Adin G. Hibbs has, by permission of the Council, erected hay scales on the east side of High Street, opposite lot Number 347 in said city, at his own expense," provides for the appointment of a weigher, declares that the weight of a ton of hay shall be 2,000 pounds, and authorizes the collection of a weigher's fee of twentyfive cents per load, onehalf to go to the weigher and the other half to Mr. Hibbs.1 A long ordinance to provide for the suppression of immoral and disorderly practices was passed June 24. This ordinance authorized any householder to apprehend, without breach of the peace, any person violating it. The size of street gutters, and the mode and material for paving were prescribed by ordinance of July 9. On the same date a tax of three mills was levied. On September 7 Dean & McKinney petitioned for leave to establish a theatre. On report of a committee, in February, thirtytwo of the wharf' lots were ordered to.be leased at from $20 to $62 per lot. 1836.-- The city debt in April was $13,000. On May 2 a loan of $8,000 at 7.5 per cent. was authorized " for the improvement of the city." A loan of $10,000 at 7.5 per cent. " for the payment of debts due by the city," was authorized June 3. One section of this latter ordinance provided, "that there shall be a city stock created to the amount of the sums borrowed, and scrip shall be issued bearing an interest of seven and a half per centum per annum, and said scrip shall be signed by the President of the City Council and countersigned by the city Recorder." An ordinance forbidding the hitching of " any horse, ox, mule or other animal to the paled fence around the Public Ground belonging to the State " was published in August. The stationing of market vehicles so that they might not interfere with the passage of stages or use of the public cisterns by firemen, was required by ordinance of November 19. A. Stotts, City Marshal, reported that eight counterfeit dollars had been passed upon him in payment of taxes. The fee for a threatre license was fixed at $75. The Recorder's salary was fixed at $75, the Treasurer's at $50 and that of the Clerk of the Market at $60. On December 13 a committee was appointed to report on the location of a new markethouse. On March 13, 1837, this committee reported in favor of Third Street from Rich to Friend, provided the owners of the ground on each side of the proposed location would donate a strip twelve feet wide. The report was tabled. 1837—The revenues of the city were thus reported in May : Licenses of taverns, etc., $820.00 ; theatre license, $75.00; rent of wharf lots, $168.00 ; licenses to showmen and fines, $110.63 ; tax collected on the duplicate, $2,327.97 ; paid by butchers for stall rent, $235.72 ; from loans, $10,000. The expenses, were $12,589. A newspaper card of September 6 expressed the opinion that the time had arrived when a "city police" should be organized. The writer complained 478 - HISTORY OF THE CITY OF COLUMBUS. that the mandates of the council were not enforced. On November 20 the council unanimously adopted the following : Whereas, it has been represented to the City Council that much difficulty now exists ameng the citizens for want of convenient change as a circulating medium, therefore, Resolved, that the Bank of this city be requested to issue hills or tickets of credit of the several following denominations: 6 1/4, 12 1/2, 25, 50 and 75 cents and one dollar bills, On December 16 a committee which had been appointed to consider the evils resulting from coffeehouses and similar establishments, reported recommending stringent measures for their regulation. At the same meeting of the council the license fee for all places other than taverns where liquor was sold was fixed at $100, and for beer shops at $50. 1838.—An amendment of January 9 to the ordinance licensing taverns, alehouses and porterhouses, requires all groceries, coffeehouses and beershops to close at 10:30 P. M. and remain closed until 4 A. M. The same amendment provides that no license shall in future be renewed unless the applicant shall bring a certificate of at least three respectable householders that he has kept an orderly house, and not permitted gambling or drunkenness on his premises. An ordinance of April 16 provides that brick thereafter made for sale in the city shall be nine inches long, 4 3/8 inches wide and 2 inches thick, and that the measurs of lime and all other articles usually "sold by heaped measure," shall be 2,764 cubic inches to the bushel, and the "standard for even measure" shall be 2,211 cubic inches per bushel. Lime and coal in small quantities were required to be measured in vessels of not less than nineteen inches diameter across the bottom, and containing not less than one bushel. The license to grocers was increased to a minimum of fifty dollars. A committee was appointed to ascertain whether the city would be required to keep the National Road in repair within its limits. After the matter had been before the council several times, a committee was appointed to purchase three acres of ground and build a hospital, for which purpose a loan of $1,200 was authorized. 1839.— The Ohio Board of Public Works was requested, but declined, to grant the city part of the National Road tolls from the first gate eastward as compensation for repairing the road within the city limits. A committee was appointed to confer with the Board as to the transfer to the city of that part of the road within its boundaries. Purchase of eleven and a quarter acres of ground on the north side of the Livingston Road, at one hundred dollars per acre, for the purpose oft being laid out in " small family grave lots," was authorized. An ordinance providing for the election of a City Clerk, and defining his duties, was passed.December 9. 1840. — " A citizen " writes under date of March 18 that " within two or three weeks past a set of ruffians have infested our streets for the purpose of insulting ladies who may happen to walk out after dark," and suggests the organization of a secret watch. At the April election John G. Miller, Whig, was chosen mayor. The Whig majority in the city was 219, and in the city and township 214. 1841. — Thomas Wood was appointed mayor by the council, vice J. G. Miller appointed postmaster. Complaint was made that the market space was too small, and inconveniently located. A newspaper cardwriter complains that the sidewalks are so blocked with boxes and merchandise as to be nearly impassable ; that "nearly entire stores are exhibited on boxes piled on the pavements ;" and that a gang of profane and obscene rowdies congregates in the evening at the northeast corner of High and Town streets. Public cisterns were located by a committee of the Council as follows: Corner Friend and Town, south side ; corner Town and Third, south side ; corner State and Third, south side ; corner Gay and High, south side; corner Mound and High, north side ; corner Broad and Front, south side; corner State and Front, south side; corner Rich and Front, south side. COUNCIL, MAYORALTY AND POLICE-II - 479 1842. —Three market days per week were established in March. A meeting favoring a new location for the markethouse was held in the basement of the Baptist Church April 7. Resolutions were adopted recommending that a site be chosen on or east of Third Street. Committees were appointed to attend to the distribution of the tickets for the purpose of taking a vote as to the selection of a new location at the next election. An ordinance of July 12 forbids any person to take up any pavement, to cut down or till up any street, lane or alley, or to change the grade of any sidewalk. The presence of dogs at the market was forbidden. The Mayor was authorized, at discretion, to keep and feed prisoners at the county jail in the ordinary way, or on bread and water. The city evidently was fast losing, or had by this time already lost, its borough simplicity, for on December 13 George B. Harvey, City Marshal, cautions citizens to be on their guard against burglars. "During the past two nights," he says, " two houses have been broken open and attempts made to break others." 1843. —On March 6 a bill to amend the charter of Columbus, was reported from a committee to which it had been referred in the Ohio Senate, and on motion of Mr. Ridgway was indefinitely postponed. The character of this bill is indicated by the following extract from a card published by Mr. A. G. Hibbs, a member of the council, in the Ohio Statesman : I was among the first and most anxious for a change in the charter, giving it a more republican character. The councilmen are now elected for four years while the members of the legislature are only elected for one year in one House and two in the other, and many of the officers of our city are not elected by the peeple at all. Why a member of the City Council of Columbus should not return his stewardship to the people in less time than every four years I never could comprehend, from any correct ideas of democratic government. Another contributor to the Statesman wrote: Ought the appointing power to rest with a Council which appoints men to office most notoriously derelict of duty? Look at the streets and alleys ; look at the boxes of goods and wood placed on the sidewalks. Some of them are impassable. There may have been some partisan feeling at the bottom of these criticisms, but it is very evident that the anomalous charter of 1834 was not producing the very best results. At a meeting of citizens held April 25 resolutions were adopted favoring the purchase of the Theatre and its conversion into a City Hall under supervision of the City Council, the sum necessary for the purchase and repairs — $1.400 — to be raised by private subscription. 1844. —Tax levy, four mills. Notwithstanding all the municipal fulminations against canines, the Ohio State Journal of May 30 was constrained to remark : The town is infested with dogs — nasty, barking, snarling, useless dogs." 1845. —An engraved map of the city, drawn by H. F. Wheeler, was published this year by John M. Kinney. 1846. —By ordinance of February 18 the city was divided into five wards, the first comprising all territory " north of the centre of Gay Street and of a line westwardly from the western termination of said Gay Street to the Scioto River ;" the second, all between the centres of Gay and State streets; the third all between the centres of Gay and Rich streets; the fourth, all " between the centre of Rich Street and the centre of Mound Street extending to the corporation line on the west side of the Columbus Feeder;" the fifth, "all south of the centre of Mound Street as above extended." By ordinance of May 14 the salaries of the city officials were established as follows : Recorder, $100, but in case of the Appoint- ment of a city clerk nothing; Clerk $100, Marshal $450, Treasurer $150, Clerk of the Market $100. It was by this ordinance made the duty of the Clerk of the 480 - HISTORY OF THE CITY OF COLUMBUS. Market to collect the "schoolhouse tax, wharf rents, stall rents in the market-house, and all other moneys arising from the market or any other source not otherwise provided for." The clerk was compensated for this collecting service by percentages allowed him on the sums collected. An ordinance of July 18 requires that all shows and theatrical exhibitions for pay shall obtain permits from the mayor, for which fees prescribed by the ordinance shall be paid. Church, school, scientific, art and benevolent exhibitions were exempted from this requirement. A market ordinance of July 21 declares that after its passage The City Marshal and the Clerk of the Market shall direct all market wagons and carts to be placed along the east side of High Street, between Gay and Friend streets, so as to back up to the sidewalk, and so that the passage on the sidewalks on Broad, State, Town, Rich and Friend streets shall be kept open. 1847. —By resolution of November 8 the purchase from Thomas Asbury of two lots on Fourth Street, between Town and Rich, for a new markethouse was authorized ; price, $2,000. 1848.—The legislation of this year was voluminous. On February 14 ordinances were passed forbidding daylight bathing in the Scioto between the south boundary and the New Penitentiary ; forbidding the discharge, within the city, of any cannon, gun, pistol, anvil, log, stump, rocket, squib, cracker or any other thing charged with gunpowder without consent of the mayor ; regulating use of the wharves and forbidding boats from remaining there longer than two days; providing for the suppression of riots ; further defining the duties or city officers ; forbidding the throwing or firing of any rocket weighing more than one pound, causing any balloon to ascend inflated otherwise than by gas, flying kites and throwing fireballs saturated with turpentine or rolling hoops on sidewalks. The ordinance for suppression of immoral practices was amended and reenacted February 16. An ordinance of the same date authorized the City Marshal to clear all streets, lanes and alleys of fences and other obstructions. The size of bricks moulded for use in the city was fixed at 2 1/2 x 4 3/8 x 9 inches. The measure of lime, coal and other articles usually sold by heaped measure was declared to be five pecks, or 26.88 cubic inches. Driving upon and obstructing the sidewalks was forbidden. The location, construction, use and scavenging of gutters, drains, vaults and sinks were regulated. The boundaries of the wards, five in number, were readjusted by ordinance of March 23. The market ordinance was amended and reenacted — retaining most of its old provisions — February 26. On July 10 a committee was appointed to procure a plan, with specifications, for a new markethouse, and on August 14 a committee was instructed to proceed with the erection of the building, for which purpose the sum of $4,000 was appropriated. An ordinance of August 31 regulates the measurement and sale of firewood, a cord to measure 8 x 4 x 4 feet " well stowed and packed." The wood measurer was allowed a fee of five cents per load, and was authorized to designate the place where the wood wagons should stand. Numerous ordinances for paving and policing streets and alleys were passed. 1849. —An ordinance of February 17 " to establish a city watch " contains the following clauses : The watchmen new 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 be called by the marshal and the names of absentees marked (if any), and immediately after the calling of the roll the several watchmen shall COUNCIL, MAYORALTY AND POLICE-II - 481 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 shall 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 lawmakers, 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 heterogeneous and contradictory character, we cannot wonder that the streets and alleys became 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 south. 31* 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 city, 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 ordinance 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 systematic form of government was appreciable but slight. Its disdain of direct amenability to the electors was a shade less sweeping than that of the act 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 city justice 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 chosen 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 supremo committee, the character of which, whatever its behavior, could 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 city clerk, a city attorney, and all city surveyors, clerks of the market, street commissioners, health officers, weighers of hay, wharfmasters and measurers of wood, coal 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 government of Columbus until, pursuant to the constitution of 1851, the General Assembly passed a general act " to provide for the organization of cities and incorporated villages." By that act, which was passed May 3, 1852, and which may be [482] COUNCIL, MAYORALTY AND POLICE-III - 483 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 municipal corporations, and classified the muncipalities of the State as cities of the first and second class, incorporated villages and incorporated villages for special purposes. Cities having more than 20,000 inhabitants according to the last preceding 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 he styled the Mayor" and " in one Board of Trustees to be denominated the City Council," together with such other officers as were mentioned in the act, 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 he 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 sheriffs 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 direction. 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 held 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 alternately. 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 systematic municipal organization in Ohio. It was a transition from the dangerous and uncertain ground of special legislation to the solid basis of general constitutional 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 functions which has proved so wise and beneficent in national affairs. If the law did not provide for a distinct separation and independent organization 484 - HISTORY OF THE CITY OF COLUMBUS. 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 February 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 Monument. 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 full length 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 liquor selling 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. twenty-year bonds sufficient 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 COUNCIL, MAYORALTY AND POLICE - III. - 485 within the city. On July 14, a petition was presented asking for " the suppression 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 adjournment of the retiring council April 7, its members,." with the city officers, reporters, &c., 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 cast 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 nuisance. W. W. Riley having constructed a sewer or underground ditch along the south side of Long Street at its intersection with State Avenue," which sewer or ditch 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 his "sewer or ditch " so that the stream might " resume its natural channel." Riley claimed that he had a valuable waterpower and carried the matter to the courts. On April 9 the council cast 31, and on April 12 eighty-three, ballots for president without choice. On April 13, Henry Wilson was elected on the one hundred and nineteenth ballot. 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 president, 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 " housewarming " 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 workhouse. The expenses of the city during the six months ended October 4 were $30,789.29 ; receipts, $37,351.60. 1859.—In the case of C. W. Kent vs. Martin White and John Fleming, policemen, 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 stock, held by the city, at not less 486 - HISTORY OF THE CITY OF COLUMBUS. than par. The city's receipts during the year ended April 1 were $88,582,83 ; expenses, $84,613.26. An ordinance abolishing the office of Street Commissioner, and providing for street cleaning 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 NN as 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, 0. 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 John Cool June 16. Its surveillance was confined to High Street, between Broad and Friend, and the neighboring alleys. A loan of $22,000 was authorized October 22 for payment of debts due to the estate of Lyne Starling. 1861.—On April 25 an ordinance was passed appropriating $20,000 for the relief of' soldiers' families. On July 1 A. 0. Blair, chairman of the relief committee, reported that he had disbursed $864.95 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 $621. 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, $59,581.11 ; 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 forty-third ballot, Jacob Reinhard ‘A as elected President of the Council over G. Douty. On June 10 the council decided to hold its regular meetings 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 reception of the President's remains. On July 3 the council, by resolution, tendered the hospitalities of the city to General Sherman. The same honor 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 COUNCIL, MAYORALTY AND POLICE-III - 487 all drinking houses, saloons and places of resort to be closed whenever, in his opinion, the public safety and the interest of the city may demand it." Fears having 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 eighty-seventh 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 politics, 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 fifty-first 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 atter 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 ineffectual 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 Donaldson was chosen president on the twelfth ballot. The controversy hinged upon the question whether a majority of all the members legally elected 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 compromise which the Democrats accepted and in which the Unionists substantially acquiesced, with the results stated. On September 4 the council, by resolution, tendered the hospitalities of the city to President Johnson. On August 1 Justice W. L. Hey1 reported suits against the city on his docket amounting to $2,209.04, 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 authenticated 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 hackmen 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 August 1 a " swamp " in the North Graveyard was ordered to be filled up. 1867.— On April 29 a contract was made with D. W. and W. G. Deshler and A. G. Thurman for 23.59 acres of land for a City Park ; price $15,000. On 488 - HISTORY OF THE CITY OF COLUMBUS. February 26, 1866, the Orphans' Home, a benevolent organization, transferred $6,000 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 "act 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 commissioners, 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 tern 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 metropolitan police act were extended " to all cities of the first class having a population 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 constitutionality 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 lion. 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, Police 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 unconstitutional, 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 Dayton, was repealed.' 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 authority 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 public 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." 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 resolution was passed to employ Thomas C. Thurman to compile the laws and ordinances 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 COUNCIL, MAYORALTY AND POLICE-III - 489 to establish a police force and prescribe its powers and duties. The police uniform adopted comprised a singlebreasted frock coat of navy blue cloth, with rolling collar ; pantaloons of same cloth, with blue welt on the outer scam ; 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 marketing 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 government 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 conservator 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 deputies." In cities having no marshal the duties of that functionary devolved upon a chief of police, under direction of the mayor, who was authorized 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 %%ere practically vested in the council. On February 2 the council gave a complimentary banquet to the State officers 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—$75--to Joseph Ireland, and the third —$50 —to J. C. Auld. Eight plans were submitted. On April 22, William Naghten was elected President 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 competition 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 ; floating debt, $15,000. On June 15 a proposed annexation of contiguous territory was refused by the. County Commissioners, after argument.' 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 containing 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 appointcd. 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 he reported to the Chairman of the Police Committee, and whatever of punishment follows such report and 490 - 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 enf Such was one of the more recent results of state intermeddling in municipal 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 ordinance 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 comprised Franklinton, the settlement called 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 petition 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 eastern part of the city, to be located east of Twentieth Street and north of Broad. 1872.— An ordinance by Mr. Janney to establish a public library and readingroom was passed January 8. On March 18 an ordinance was passed redistricting 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 steam whistle 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 of rules, prepared by Mr. J. J. Janney, was adopted by the Board of Health 'and proclaimed by the mayor. J. H. Halderman u as appointed Health Officer, at a salary of $800 per year. A council committee reported in favor of purchasing from seven to ten acres of laud, at $300 per acre, a short distance below the Harrisburg bridge as a " boneyard." 1873.—The finances of the city were thus stated : Receipts, $213,112.30; expenditures, $212,309.29 ; real and personal property $24,395,850 ; city levies, 8.8; funded debt, $1,010,000; floating debt, $60,000. 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 law 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, etc., 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 Township. 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. COUNCIL, MAYORALTY AND POLICE-III - 491 1874. —Isaac S. Beeky was chosen President of the Council on the thirtieth ballot. Samuel Thompson was appointed by the Commissioners to be Superintendent 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 route for a levee on the east bank of the Scioto, below the Franklin. Iron Company'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.' 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 without license were forbidden ; license fee, $15. 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 audience room 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 hearing 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 perusal of the records in the office of the City Clerk — the only place [where] the ordinances can be found. I therefore recommend 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 492 - 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 recognizing 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 March 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 peremptory, 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 forty-two regulars, one special and four substitutes, making, with the employes at the City Prison, a total of fifty-two. 1882.—A meeting of citizens held at Walcutt Hall March 13 appointed a committee 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 hoard of Police Commissioners, which was vested with entire control of the force including its appointment, organization arid discipline. 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 consolidate 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 adjacent or compact territory." The act further provided that the wards so formed COUNCIL, MAYORALTY AND POLICE-III - 493 should contain nearly an equal number of inhabitants and be consecutively numbered. 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 commonly 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 February 18 Thomas B. Vause was appointed City Inspector of Milk and Meat. 1887.—A fifteenth ward was created by ordinance of February 28. A contract 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 purchase 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 extensively agitated. The subject was discussed in the Board of Trade, in the newspapers and in the pulpit, and this discussion has since been spasmodically renewed with each recurring spring election. The predominant idea in the change proposed is that of classifying the departments of municipal administration more 494 - HISTORY OF THE CITY OF COLUMBUS. nearly in conformity with the division of power in the National Government, the resemblance to which of the scheme suggested has caused it to be commonly known as the "federal plan."8 In the discussion of this plan the feebleness of the mayor's authority and the incongruity of his functions, together with the apportionment of executive power between the council and various administrative boards are asserted to be the cause of serious inefficiency and much evil. With the incorporation of the borough of Columbus its mayor began to be chiefly a police justice, and with slight and transitory variations he has continued to be such until a very recent date. At first supreme authority, both legislative and executive, was vested in the council. This continued to be the case until the advent of the constitution of 1851, and the legislation pursuant thereto, beginning with the act of May 3, 1852, heretofore referred to, which made a new classification of municipal corporations, and a new distribution of their powers. In that act the mayor was specifically styled a " principal officer," to which position, after having risen, in the course of legislation, to the nominal dignity of chief executive officer, he has since relapsed. The act of 1852 and the amendments, supplements and municipal codifications which have followed it, have steadfastly withheld from the council much of the executive authority vested in it by the special legislation for the borough, but they have by no means transferred that authority, as a whole, to the mayor. From the absolutism of a council, practically holding all authority and acting as a supreme committee unchangeable at any single election, a transition was made to a council bound more closely, though not exclusively, to the province of legislation, answerable at the polls for its conduct, and sharing administrative duties with boards and commissions. In producing this result, two very different causes seem to have operated : First, a desire to scatter and diffuse responsibility for partisan or personal profit; second, a fear that if executive power should be concentrated in the mayor, as it is in the President or Governor, the right class of persons might not be chosen to use it. Consequently the history of municipal government in Columbus, as in many other cities, shows a constant seesawing back and forth between council government on the one hand and commission government on the other, with a feeble and nondescript executive, like a cork between the poles of a magnet, sometimes clinging to one and sometimes to the other. Under the code of 1869, and the laws of a special nature authorizing public improvements, the council regained much of its administrative prestige, and has not hesitated, on occasion, to use its control of ward and precinct boundaries to perpetuate its authority. At present this absolutism of the council, so far as administration is concerned, and to some extent also as to legislation, is held in cheek by a board of public works of four members appointed originally by the mayor but now elected by the people. 10 The term of service on this board is four years ; the salary paid its members, $3,000. Its sittings are held daily. The board exercises the .functions of all the usual municipal commissions except that of police, and may participate but not vote, in the proceedings of the council. It may appoint a civil engineer, a sealer of weights and measures, and such number of clerks, superintendents and market-masters as it may deem necessary. In all cases where assessments are to be made, or where the estimated cost of any work or material exceeds five hundred dollars, the board is required to transmit to the council, with its recommendations, a resolution or ordinance, as the case may be, authorizing the execution of such work, or the purchase of such material at a cost not to exceed the amount of the estimate, which must also be transmitted. The city is divided into districts to each of which one member of the board is assigned, for personal supervision of the cleaning, lighting and repair of its thoroughfares, and for the inspection and care of all its public property and improvements. The members of the board are COUNCIL, MAYORALTY AND POLICE -III - 495 required to devote to its service their entire time. They have thus far been able, upright men, and have performed their duties in a manner highly advantageous to the city. NOTES. 1. Ohio State Journal. April 12, 1862 " Last night, being the last meeting of the old council, on invitation of Mr. Butler they repaired to Lindeman & Ritz's saloon and partook of an excellent oyster supper." 2. On July 10, 1866, notices of a constable's sale of five horses and carts to satisfy executions against the city were posted on every street corner. The vehicles were garbage carts used by the Street Commissioner. The amount realized on them, and the horses belonging to them, was $780. The property was sold to satisfy claims for wages on the part of the city's employes, for whose benefit no appropriation had been or could be made pending the deadlock in the council with respect te its presidency. 3. The repealing act provided for the election of policemen by the City Council. 4. The members of the council committee on City Hall were Messrs. Patterson, Donaldson, Comstock, McAllister, Reinhard, Frankel, Wall, Bergin and Caren. 5. The area within the city limits at that time amounted to about 2,700 acres ; the territory which it was proposed to annex contained 3,475 acres. 6. This controversy was thus explained in the Ohio State Journal : " In June last the city council certified to the Auditor, to be placed on the general duplicate, a levy of twelve and onehalf mills, and specified in the distributions that three mills of the twelve and one-half was for a sinking fund. Council also certified to the Auditor, to be placed upon the general duplicate, a separate and extra levy of three mills for the improvement of streets, making the whole amount levied by Council 15 1/2 mills. Auditor Strader held that the Council could not legally levy altogether more than 9 1/2 mills, and declined to put more than that amount upon the duplicate. Thereupon the Council went into the Supreme Court for a mandamus to compel the Auditor to put upon the duplicate the extra levy of three mills for street improvements, without making any contest on the excess of three mills in the levy of 12 1/2." 7, The law was introduced in the General Assemble by Hon. Henry C. Taylor, Representative from Franklin County ; hence its name. 8. The use of the word " federal," in the sense here intended, as descriptive of the general government of the United States is, the author believes, misplaced and misleading. We had a confederacy anterior to the constitution and we have also had one since. The former was superseded by the constitution, the latter was overthrown by force of arms. Both have vanished, and we have now a nation. Our government is national, not federal. 9. The city has now a police judge who relieves the mayor of most of his judicial functions. The law establishing this office in Columbus was passed March 2, 1891. The organization and control of the police force of the city are still vested in aboard of Police Commissioners, three in number, chosen at the polls, pursuant to the metropolitan police law of 1866, and the subsequent amendatory and supplementary acts which constitute the existing municipal code. The mayor is ex-officio president of the board. 10. The act creating this board was introduced in the General Assembly by Hon. A. D. Heffner, Representative from Franklin County, and was passed and became a law April 3, 1890 The original members of the board, appointed by Mayor J. P. Bruck, were E. L. Hinman, James M. Loren, William Wall and Joseph A. Schwartz. 11. A compilation of the general ordinances of the city, with municipal statutes, was made by James A. Wilcox. and published in 1858. 496 - HISTORY OF THE CITY OF COLUMBUS. APPENDIX TO CHAPTER XXXII. THE CITY GOVERNMENT. 1816. Mayor, Jarvis Pike Marshal, Samuel King. Recorder, Robert W. McCoy. Surveyor, John Kerr. Treasurer, Robert Armstrong. Clerk of the Market, William Long. Trustees: Jeremiah Armstrong, 1 Robert Armstrong. Henry Brown, John Cutler, Caleb Houston, John Kerr, Robert W. McCoy, Michael Patton, Jarvis Pike. 2 1. Resigned April 22, 1817; Christian Heyl elected for unexpired term. 2. The borough council was first organized at the Columbus Inn on May 13, 1816. 1817. Mayor, Jarvis Pike Marshal, Samuel King. Recorder, Robert W. McCoy Surveyor, John Kerr. Treasurer, Robert Armstrong Clerk of the Market, William Long. Trustees: Robert Armstrong, James B. Gardiner, Christian Heyl, Caleb Houston, John Kerr, Robert W. McCoy, William McElvain, Michael Patton, Jarvis Pike. 1818. Mayor, John Kerr Marshal, James Fisher. Recorder, James B. Gardiner. 1 Surveyor, John Kerr.  Treasurer, Christian Heyl Clerk of the Market, W. H. Richardson. Trustees: James B. Gardiner, Christian Heyl, Caleb Houston, John Kerr, James Kooken, Robert W. McCoy, Townsend Nichols, Ralph Osborn, Jarvis Pike. 1. Resigned December 19, 1818 ; Ralph Osborn elected fer unexpired term. 1819. Mayor, John Kerr Marshal, Demming L. Rathbone. 1 Recorder, Ralph Osborn. Surveyor, John Kerr. Treasurer, Christian Heyl. Clerk of Market, William H. Richardson. Trustees : James B. Gardiner, Christian Heyl, Caleb Houston, John Kerr, James Kooken, Robert W. McCoy, Philo B. Olmsted, Ralph Osborn, Jarvis Pike. 1. Resigned June 26, 1819; William H. Richardson elected for unexpired term. 1820. Mayor, Eli C. King. Marshal, Samuel Shannon. Recorder, John Kerr. Surveyor, Jeremiah McLene. Treasurer, Christian Heyl. Clerk of Market, Samuel Shannon. Trustees : James B. Gardiner, Christian Heyl, John Jeffords, John Kerr, Eli C. King, James Kooken, Robert W. McCoy, Philo H. Olmsted, Jarvis Pike. THE CITY GOVERNMENT - 497 1821. Mayer, Eli C. King. Marshal, Samuel Shannon. Recorder, John Kerr Surveyor, John Kerr. Treasurer, Christian Heyl. Clerk of Market, Samuel Shannon. Trustees : Lincoln Goodale, Christian Heyl, John Jeffords, 1 John Kerr, Eli C. King, James Kooken, Robert W. McCoy, William McElvain, Philo H. Olmsted. 1. Died October 30, 1821 ; Charles Lofland appointed to vacancy. 1822. Mayor, Eli C. King Marshal, Samuel Shannon. Recorder, John Kerr Surveyor, John Kerr. Treasurer, Christian Heyl Clerk of Market, Samuel Shannon. Trustees : Lincoln Goodale, Christian Heyl, Jehn Kerr, Eli C. King, James Kooken, 1 Charles Lofland, William T. Martin, Robert W. McCoy, William McElvain. 1. Resigned February 10, 1823; James Robinson appointed to vacancy. 1823. Mayor, John Loughrey Marshal, Samuel Shannon. Recorder, William T. Martin Surveyor, Jeremiah McLene. Treasurer, Christian Heyl Clerk of Market, Samuel Shannon. Trustees : Lincoln Goodale, John Greenwood, Christian Heyl, John Kerr, 1 John Loughrey, William T. Martin, Robert W. McCoy, William McElvain, James Robinson. 1. Died ; Henry Brown appointed to vacancy August 16, 1823. 1824. Mayor, William T. Martin. Marshal, Benjamin Sells. Recorder, William Long. Surveyor, Jeremiah McLene. Treasurer, Christian Heyl. Clerk of Market, Samuel Shannon. Trustees: John Greenwood, Christian Heyl, William Long, John Loughrey, William T. Martin, Robert W. McCoy, William McElvain, James Robinson, John W. Smith. 1825. Mayor, William T. Martin. Marshal, Samuel Shannon. Recorder, William Long. Surveyor, Jeremiah McLene. Treasurer, Christian Heyl. Clerk of Market, Samuel Shannon. Trustees : John Greenwood, Christian Heyl, William Long, John Loughrey, William T. Martin, Robert W. McCoy, William McElvain, James Robinson, John W. Smith. 1 1. Resigned April 8, 1825; Ralph Osborn elected for unexpired term. 1826. Mayor, William T. Martin Marshal, Samuel Shannon. Recorder William Long Surveyor, Jeremiah McLene. Treasurer, Christian Heyl Clerk of Market, Samuel Shannon. Trustees : Joel Buttles, Christian Heyl, William Long, William T. Martin, Robert W. McCoy , William McElvain, Nathaniel McLean, Ralph Osborn, James Robinson. 32* 498 - HISTORY OF THE CITY OF COLUMBUS 1827. Mayor, James Robinson.1 Marshal, John Kelly. Recorder, William Long. Surveyor, Jeremiah McLene. Treasurer, Christian Heyl. Clerk of Market, John Kelly. Trustees: Joel Buttles, Christian Heyl, William Long, William T. Martin, 2 Robert W. McCoy, Nathaniel McLean, Ralph Osborn, Joseph Ridgway, Senior, James Robinson. 2 1. Resigned September 11, 1827; William Long elected to vacancy. 2. Resigned :lime 11, 1827 ; Lincoln Goodale elected to vacancy. 3. Resigned September 11, 1827 ; Samuel Barr elected to vacancy. 1828. Mayor, William Long Marshal, Benjamin Sells. Recorder, Lincoln Goodale Surveyor, Jeremiah McLene. Treasurer, Robert W. McCoy Clerk of Market, Benjamin Sells. Trustees: Joel Buttles, Lincoln Goodale, George Jeffries, William Long, Robert W. McCoy, Nathaniel McLean, Ralph Osborn, Joseph Ridgway, Senior, John Warner. 1829. Mayor, William Long Marshal, Benjamin Sells. Recorder, Lincoln Goodale Surveyor, Jeremiah McLene. Treasurer, Robert W. McCoy Clerk of. Market, Benjamin Sells. Trustees: Robert Brotherton, Lincoln Goodale, George Jeffries, William Long, Robert W. McCoy, Nathaniel McLean, Ralph Osborn, Joseph Ridgway, Senior, John Warner. 1830. Mayor, William Long. Marshal, Julius G. Godman. 1 Recorder, Lincoln Goodale. Surveyor, Jermiah McLene. Treasurer, Robert W. McCoy. Clerk of Market, Julius G. Godman. Trustees : Robert Brotherton, Lincoln Goodale, George Jeffries, William Long, Robert W. McCoy, Nathaniel McLean, Ralph Osborn, Joseph Ridgway, Senior, John Warner. 2 1. Died ; Benjamin Sells appointed to vacancy January 21, 1831. 2. Died ; Christian Heyl appointed to vacancy February 25, 1831. 1831. Mayor, William Long. Marshal, John Kelly, 1 Recorder, Nathaniel McLean. Surveyor, Joseph Ridgway, Junior. Treasurer, Robert W. McCoy. Clerk of Market, John Kelly. Trustees: Robert Brotherton,2 Christian Heyl, George Jeffries, William Long, Robert W. McCoy, Nathaniel McLean, Philo H. Olmsted, Ralph Osborn, Joseph Ridgway, Senior. 1. Removed; Benjamin Sells elected to vacancy December 8, 1831. 2. Resigned ; Samuel Parsons appointed to vacancy July 11, 1831. 1832 Mayor. William Long. Marshal, Benjamin Sells Recorder, Ralph Osborn Surveyor, Byron Kilbourn Treasurer, Robert W. McCoy Clerk of Market, Benjamin Sells. Trustees: Christian Heyl, George Jeffries, William Long, Robert W. McCoy, Jonathan Neereamer, Ralph Osborn, Philo H. Olmstead, Joseph Ridgway, Senior, Robert Riordan. THE CITY GOVERNMENT - 499 1833. Mayor, Philo H. Olmsted Marshal, George B. Harvey. Recorder. John Patterson Surveyor, Byron Kilbourn. Treasurer, Robert W. McCoy Clerk of Market, George B. Harvey. Trustees : Christian Heyl, 1 George Jeffries, Robert W. McCoy, Jonathan Neereamer, Philo H. Olmsted, Samuel Parsons, John Patterson, Robert Riordan, Moses R. Spurgeon. Beard of Health: Peleg Sisson, M. B. Wright, J. Campbell, Joel Buttles, John Patterson, William Minor, Alfred Kelley, P. B. Wilcox, R. Brotherton, Christian Heyl, George Jeffries, John Noble. 1. Resigned July 9, 1833; William Miner appointed to vacancy. 1834. Mayor, John Brooks Marshal, Abraham Stotts. Recorder, William T. Martin Surveyor, C. R. Prezriminsky. Treasurer, William Long Clerk of Market, Abraham Stotts. Councilmen: Robert W. McCoy, President ; First Ward, Henry Brown, Otis Crosby, Robert W. McCoy, Joseph Ridgway, Senior ; Second Ward, William Long, Jonathan Neereamer, Francis Stewart, Noah H. Swayne ; Third Ward, Christian Heyl, William T. Martin, William Miner, John Patterson. Board of Health : Doctors Parsons, Sisson, Wright, Aaron and Miller. 1835. Mayor, John Brooks. 1 Marshal, Abraham Stotts. Recerder, William T. Martin. Surveyor, J. A. Lapham. Treasurer, William Long. Clerk of Market, Abraham Stotts. Councilmen: Robert W. McCoy, President ; First Ward, Henry Brown, Elijah Converse, Robert W. McCoy, Joseph Ridgway, Senior ; Second Ward, William Long, Jonathan Neereamer, Moylen Northrup, Noah H. Swayne ; Third Ward, Christian Heyl, William T. Martin, William Miner, John Patterson. Beard of Health: Samuel Parsons, Robert Thompson, M. B. Wright, Ralph Osborn, George Jeffries, M. Matthews, P. B. Wilcox. 1. Resigned April 21, 1835; John Bailhache elected to vacancy by the Council. 1836. Mayor, Warren Jenkins Marshal, George B Harvey. Recorder, William T. Martin Surveyor, Nathaniel Medbery. Treasurer, Jonathan Neereamer Clerk of Market, George B. Harvey. Councilmen : Robert W. McCoy, President ; First Ward, Henry Brown, 1 Elijah Converse, Robert W. McCoy, Joseph Ridgway, Senior ; Second Ward, Aurora Buttles, Jonathan Neereamer, Moylen Northrup, Noah H. Swayne ; Third Ward, William T. Martin, William Miner, John Patterson, M. B. Wright. 1. Resigned September 12, 1836; Moses H. Kirby elected to vacancy. 1837. Mayor, Warren Jenkins. 1 Marshal, George B. Harvey. Recorder, William T. Martin. Surveyor, John Field. Treasurer, Jonathan Neereamer. Clerk of Market, George B. Harvey. Councilmen: Robert W. McCoy, President ; First Ward, Elijah Converse, 2 Moses H. Kirby, 3 Robert W. McCoy, Joseph Ridgway, Senior ;4 Second Ward, Aurora Buttles, Matthew J. Gilbert, Jonathan Neereamer, Moylen Northrup ; Third Ward, A. G. Hibbs, William T. Martin, John Patterson, M. B. Wright. 5