TOLEDO AND LUCAS COUNTY - 277 At Detroit he met an attorney named Ward, who was going to Fort Wayne, Indiana, and took passage with him on the steamer "General Brady" for the Maumee. It was the doctor's intention to stop at Toledo long enough to enable him to pay a visit to a brother-in-law at Blissfield, Michigan, and he proposed to Mr. Ward to wait for him at Toledo for three days, until he could return from Blissfield, when they would go on to Fort Wayne together. Ward declined the offer, saying he was in a hurry to get to Fort Wayne, and Doctor Clark determined to stop at Toledo, at least long enough to ascertain if the stories he had heard at Cleveland were true. Upon landing he failed to discover the great marsh, the frogs and muskrats, though there were a few Indians about the store of Andrew Palmer, in the old warehouse at the foot of Monroe Street. There he inquired for a hotel and was directed to the only one in the place, located at the corner of Summit and Perry streets and kept by Capt. Ezra Dodd. Unable to get a bed at the hotel, he slept that night upon a pallet on the floor. The second night he was fortunate enough to secure a cot. It was late in the day when the boat arrived at Toledo. The next morning the doctor started out early to inspect the town. He climbed the steep bank at the foot of Monroe Street, from which he obtained a good view of the river in both directions. From a resident he chanced to meet, he learned that Toledo con-sisted of the "Upper," "Middle" and "Lower" towns. The upper town extended from Jefferson Avenue to Swan Creek and back from the river to what is now Superior Street. Besides the hotel already mentioned, there was the old Government blockhouse ; a frame house on Perry Street, occupied by Oliver Stevens ; a small brick building about one hundred and fifty yards back from the river, in the edge of the woods, where lived a Frenchman named Bodette; the store of Andrew Palmer, and perhaps one or two other buildings. Continuing his walk down the river, the doctor soon came to the middle town, which consisted of a single log house, some three hundred yards from Monroe Street. In this house lived a man named Whitten, who sailed some small craft on the river, and whose wife took in washing—the only laundry in Toledo at that time. The lower town was more pretentious. There the visitor found the store of Bissell & Flagg, which was located on the corner of Summit and Lagrange streets. This firm also had a frame warehouse at the foot f Lagrange Street. Opposite the store was the residence of Elkanah Briggs. Samuel Allen also lived on Lagrange Street. Ira Smith occupied a frame house on the corner f Summit and Elm streets and was boarding several men who were engaged in building the steam sawmill for Edward Bissell near the foot of Elm Street. Cornelius G. Shaw also lived on Summit Street, between Locust and Lagrange. Favorably impressed with the general appearance f the town and its surroundings, as well as with the people he met, Doctor Clark decided to become a resident of Toledo instead of going on to Fort Wayne. Before the close of that year a newspaper was started, a foundry was established and the manufacture of brick was commenced by Shaw & Babcock. During the year 1835 a number of people settled in Toledo. The growth continued during the next year and in the legislative session of 1836-37, the city was incorporated. The history of the city after it was incorporated is told in other chapters. 278 - TOLEDO AND LUCAS COUNTY A FEW FIRST THINGS There is scarcely a city in the country in which there are not several claimants to the distinction of having been the first child born within its limits. Frederick Prentice, son of Joseph Prentice, was born on December 6, 1822, in a small frame house on Perry Street, about half way between Summit and St. Clair streets, and he is believed to have been the first white child born in Toledo. As previously stated, the proprietors of the Town of Port Lawrence, at a meeting on July 4, 1835, gave a lot to Mrs. Munson. H. Daniels, because her marriage to Mr. Daniels was the first to be solemnized in Toledo. This marriage occurred on January 25, 1835. Sanford L. Collins and Miss Harriet Whitney were married in January, 1834, a year before the marriage of Mr. Daniels and Harriet Wright, and their marriage was probably the first to be contracted between Toledo parties. A daughter of Sanford and Harriet Whitney Collins, born in 1835, was still living in Toledo in March, 1922. Waggoner's "History of Toledo and Lucas County" (p. 907), in a description of the burial ground connected with the West Toledo Methodist Episcopal Church, says : "The first interment in the old ground was that of the body of Mrs. Amelia Keeler, wife of Major Coleman I. Keeler. Her death occurred in the old log warehouse at the mouth of Swan Creek and Major Keeler went out in search of a burial place and selected this spot on the farm of Capt. Henry Phillips," etc. As Mrs. Keeler died in 1819, hers was doubtless the first death. The first merchants were John Baldwin and Cyrus Fisher, who brought a stock of goods to Port Lawrence in 1823 and opened a store in the old log warehouse, built in 1817. Their goods were intended for both the white and the Indian trade. The first physician, so far as can be learned, was Dr. J. V. D. Sutphen, who graduated in medicine in Vermont in 1824 and located at Port Lawrence the following year. He remained in Toledo until 1836, when he removed to St. Joseph County, Michigan, arid from there to Brazil, Indiana, where he died in 1856. The first lawyer to locate in Toledo was Emery D. Potter, who came to the city in 1835. His office was over the store of W. J. Daniels & Company and was reached by an outside stairway. Occasional meetings of the Toledo Debating Society were held in his office. (See also the chapter on the Bench and Bar). The first frame structure in the town was the old warehouse built by the original Port Lawrence Company in 1817 and first occupied by D. C. Henderson. The first frame residence was that f Joseph Prentice on Perry Street, above mentioned as the birthplace of his son Frederick Prentice. The first brick house was that erected by Maj. Benjamin F. Stickney, on what is now Stickney Avenue. He was living in this house with his family in 1823. The first school, of which there is any record, was taught by Miss Harriet Whitney—afterward Mrs. Sanford L. Collins—in 1830. It was taught in a little log cabin, where the Woodward Technical School was afterward built. Her pupils numbered fifteen, some of whom came from the east side, crossing the river in boats. The first religious services on the site of Toledo were conducted by Rev. TOLEDO AND LUCAS COUNTY - 281 David Bacon, near the intersection of Elm and Erie streets, on May 14, 1802, for the benefit f the Indian inhabitants. The first church edifice was erected by the Presbyterians at Cherry and Superior streets in 1838. This building was afterward sold to the Catholics and was used as a schoolhouse by the St. Francis de Sales parish. It was still standing at the beginning of the year 1922. The first hotel, called "The Tavern," was opened by John Baldwin in 1828 in the old warehouse, though his father had previously furnished meals and lodging for travelers and sojourners in the same quarters. He soon had a competitor in the hotel kept by Ezra Dodd, on Perry Street. The Eagle Tavern was started by Ira Smith in 1834, and the next year Cornelius G. Shaw opened the Mansion House, near the corner of Cherry and Summit streets. The first commercial schooner to ply the waters of the Maumee was the "Black Snake," owned and commanded by Capt. Jacob Wilkinson. It began business in 1815. The first steamboat on the Great Lakes was the "Walk-in-the-Water," which touched at Toledo in 1818 on its first trip from Buffalo to Detroit. The first sawmill, a small water power affair, was built in 1831 by Ezra Goodale and Oliver Stevens. It was located on Swan Creek, nearly three miles from the mouth. After it was completed the proprietors discovered that the water supply was not what they had anticipated and the mill could run only at intervals. For about three years it was the main source of the lumber supply, or until the completion of Edward Bissell's steam sawmill at the foot f Elm Street in the summer of 1834. The first flour mill was built by Edward Bissell, adjoining his sawmill at the foot of Elm Street. It began operations in March, 1839, in charge of Josiah Chambers. After about a month Mr. Chambers gave up his position as miller and went back to cutting cordwood for the Maumee River steamboats. This wood he obtained from the timber near the intersection of Cherry and Bancrft streets, delivered it to the steamers at the foot of Monroe Street and received for it $1.50 per cord. He claimed that he could make more money in that way than by running the mill. Mr. Bissell then brought A miller from New York, but he soon tired of his job and returned to that state. Arrangements were then made with Mr. Chambers to run the mill on Wednesday and Saturday of each week. Mr. Bissell finally sold the mill to William H. Raymond. The engine was used some forty years later in the planing mill of John S. Eck & Company on Superior Street. The first newspaper, the "Toledo Herald," was started by James Irvine Browne in August, 1834. It was the first newspaper to be published in the Maumee Valley below the Rapids. The first brickyard was put in operation in 1834 by Peter H. Shaw and E. L. Babcock. Mr. Babcock died in August of that year and the business was continued by Mr. Shaw. In June, 1834, Samuel McDowell started the first foundry in Toledo. It was "away out" on Lagrange Street, in the midst of the woods, near the site where the Lagrange Street Public School was afterward built, and many predicted a failure because he was so far from the river. The first military company was the "Lucas Guards." It was organized in 282 - TOLEDO AND LUCAS COUNTY 1835, at the time of the boundary dispute with Michigan, and was commanded by Capt. Granville Jones. The first ferry across the Maumee River at Toledo was that of Alva D. Wilkinson, who obtained a license to "operate a ferry opposite the Toledo House," at the April term of the Common Pleas Court in 1836. The rates, as fixed by the court, were as follows : For each footman, 12 1/2 cents ; for each horse and rider, 25 cents ; for a one-horse wagon, 37 1/2 cents ; for a two-horse wagon, 50 cents, and for each additional horse, 12 1/2 cents. The first steam ferryboat was placed in commission in the fall of 1852, as part of the equipment of the Toledo & Woodville Plank Road Company. The first railroad train out of Toledo left for Adrian, Michigan, on October 3, 1836, over the Erie & Kalamazoo Railway. The first bank in the vicinity of Toledo was the Bank of Manhattan, which was established under a charter granted by the Michigan Legislature on March 25, 1836. The first bridge over any of the streams about Toledo was built about 1822 by Joseph Prentice over Swan Creek at the Superior Street crossing. It was carried away by ice and high water early in the year 1836. The first bridge over the Maumee was at Cherry Street and was opened to traffic in the fall of 1855. PROMINENT PIONEERS All history is but the record of the deeds f individuals. Some one has said: "Biography is the essence of history." Among those who were active in founding and furthering the interests of Toledo, prior to its incorporation as a city, there were a few who stand out in bolder relief than their associates, and who left the impress of their character and energy upon Toledo's career and institutions. It is therefore deemed proper that some account be given of these worthy pioneers, that the present and future generations may emulate their examples and profit by their mistakes. It has been stated by some writers that Benjamin F. Stickney settled upon the site of Toledo as early as 1807, but this is not indisputably established. Scribner's "History of Toledo" (p. 58) says: "Major Stickney had been appointed as Indian agent by President Jefferson, and as such had long resided in the western country—first at Upper Sandusky and then at Fort Wayne." In a letter published in the "Blade" of August 20, 1850, Major Stickney says : "I left Washington, D. C., March 8, 1812, under appointment as Indian agent at Fort Wayne, Indiana Territory. Going westward to Pittsburgh, I descended the Ohio to Cincinnati in arks, arriving there on April 1st, that place then being a good sized village, . . . and reached Fort Wayne, April 11, 1812." At the time of his appointment, the veterans of the Revolutionary war, as well as others, were clamoring to have the Indian lands in Northern Ohio opened to white settlement. Major Stickney presented a rather novel plan for getting possession of the Indian country. He criticized General Harrison, governor of the Indiana Territory, for relying so much on military force and so little on strategy, and suggested this plan for the removal of the natives : "When it is decided that a certain tribe or tribes must be removed—say from a territory 500 miles square—call them together, furnish them with plenty of good meat and bread, tobacco TOLEDO AND LUCAS COUNTY - 283 and some whisky, hold them together for six weeks or so, when disease will probably ensue, resulting in the death of 20 per cent, with a continued decrease of 10 to 20 per cent per annum, while those remaining would be so enervated as not to be dangerous. In this mode all the lives of the troops would be saved and at least three-fourths of the cash, and the Indians well satisfied." He admitted that "the question of morality" might be raised as an objection to his plan, but he thought it no worse than to kill off the Indians in battle. The Government, however, declined to adopt it. Early land office records show that the following tracts were entered by Major Stickney in 1821 : Eighty acres in Section 36, Township 9 south, Range 7 east ; 80 acres in Section 30, Township 9 south, Range 8 east ; and 149.85 acres in Section 51, same township and range. It was probably about this time that he settled here and built the brick house on what is now Stickney Avenue, bringing the bricks from Detroit. Soon after locating upon his land, the boundary question began to be discussed. Up to that time the Ohio jurisdiction had not been questioned. But Major Stickney had views f his own. He called his neighbors together, explained to them that the northern boundary line of Ohio was indefinite, and that it was to their interest to recognize the authority f Michigan Territory, no matter what the constitu-tion of the State f Ohio had to say regarding the boundary. He also stated that he was well acquainted with Gen. Lewis Cass, then governor of Michigan, and that he would go to Detroit and get a commission as justice of the peace for that territory, if the people would sustain him. He argued that by being citizens of the Territory of Michigan they would be cherished and protected by the Federal Government, while as citizens of the State of Ohio they would be taxed to maintain the state government. His argument prevailed, a motion to recognize the jurisdiction of Michigan was carried, and the secession was complete. Now mark the sequel. Stickney obtained his commission as justice of the peace; but before the boundary matter was adjusted the canal question became the absorbing theme with the people of the Maumee Valley. Where would the canal strike the river ? Major Stickney now called another meeting of the "citizens of Swan Creek," and represented to them that a grievous error had been made in seceding from Ohio. If the canal was constructed to Swan Creek or some point a little farther down the river, it would mean hundreds, perhaps thousands, of dollars in their pockets ; but they could not expect the State of Ohio to construct the canal to Swan Creek if the people there were citizens of Michigan, and they must therefore reverse their former decision and acknowledge allegiance to Ohio. Thereupon resolutions were adopted, to the effect that they were and of right ought to be a part and parcel of the State of Ohio ; that Ohio was a great and glorious state ; and that they would maintain their position, if necessary, at the point f the bayonet, etc. Mrs. Stickney was a daughter of General Stark, one of the heroes of the Revolutionary war. She was an amiable and accomplished woman, but with all her accomplishments she could not prevent her husband from exhibiting all sorts of eccentricities. It seemed to be his ambition to be as different as possible from everybody else. In naming his children it was his notion that the eldest son should be named "One," the second "Two," and so on, while the daughters should be named after the states, Indiana, Florida, etc., though he deferred sufficiently to his wife's wishes to name the eldest daughter Mary. The peculiar names of his children, 284 - TOLEDO AND LUCAS COUNTY "taken from neither sacred nor profane history," gave rise to numerous mirth provoking incidents. Early one morning a sloop dropped anchor in the Maumee in front of the Stickney residence. Soon afterward Mrs. Stickney came out on the porch and said : "Two, call One to breakfast." A sailor on board the sloop looked up and then remarked to a shipmate : "Say ! this must be a hell of a country, if it takes two to call one to breakfast." But with all his oddities, Major Stickney was always ready to aid any movement for the general welfare and was a good citizen. Coleman I. Keeler came to Toledo—or what afterward became Toledo—soon after the first Port Lawrence Company began operations. He did not take the trouble to investigate conditions beforehand, but brought his family with him from Onondaga County, New York. Dwelling houses there were none, and for a time he lived with his family in the company's warehouse near the mouth of Swan Creek. In the spring of 1818 he entered the northwest quarter of Section 26, Township 9, Range 7, just west of the present Collingwood Avenue and north of Delaware Street. This was the first entry of land in Washington Township. He commenced a log house, but before it was completed his money ran out and he was compelled to suspend building operations to earn money for the support of his family. The house was finally finished and the Keelers moved into their new home. A year or two later he built a better log house, near the present intersection of Collingwood Avenue and Islington Street, and in 1827 he made brick and built a brick residence. This house was still standing in the spring of 1922. That Mr. Keeler had faith in the future of Toledo is seen in the fact that he purchased seven lots in Port Lawrence in 1833 and 1834. He also became the owner f other real estate, including a farm near Maumee. The first wheat ever exported' from Toledo was raised on his farm in Washington Township (now in the City of Toledo) in 1827, when he shipped 300 bushels in the schooner "Eagle." He opened the first lumber yard in the city in March, 1835, and in April, 1836, he was a member of the first grand jury ever impaneled in Lucas County. In September, 1822, Mr. Keeler had occasion to go to Sandusky and took with him his daughter Grace, then sixteen years of age. After transacting his business in Sandusky, he and his daughter took passage on the schooner "Eclipse," Captain Jones, bound for Detroit. The schooner stopped at Middle Bass Island, where the Keelers disembarked, intending to take a small boat for Port Lawrence. Capt. Martin Anderson and his son, who owned a small sail boat were engaged for that purpose. Before reaching their destination they were overtaken by a furious storm, which for a time threatened all their lives. They were fortunate enough to effect a landing on West Sister Island, then uninhabited, though the little boat was dashed to pieces against the rocks. Without food or shelter of any kind, they were soon reduced to the necessity of eating snails, and even snakes. At last, finding an ax that had been in the boat, they fashioned a canoe from the trunk of a basswood tree. In this rude craft Captain Anderson and his son (the canoe was not large enough to carry four persons) managed to reach Middle Bass Island. A sail boat was at once dispatched to the relief of Mr. Keeler and his daughter, who, after more than a week of their harrowing experience, were rescued and taken to their home on the Maumee. Grace Keeler afterward became the wife of William Hollister, one of the pioneer merchants of Perrysburg. Mr. Keeler was twice married. His first wife died in 1819 leaving a number of children. Coleman I. Keeler, Jr., a son of this marriage, was a fifer in the TOLEDO AND LUCAS COUNTY - 285 Toledo Guards, organized in 1838, and a daughter, Amelia E., was 'for some time a teacher in the Toledo public schools. George G. Keeler, a son f the second marriage, was born on June 14, 1835, in the brick house above mentioned, which was the second brick dwelling in Toledo. He was still living in the spring of 1922 and remembers hearing in his childhood the howl of the wolf and the scream of the panther in the woods not far from their home. His father died in 1863. John T. Baldwin first came to the Maumee Valley soon after the War of 1812. His first inspection of the country was not satisfactory and a little later he made another visit. In February, 1823, with two ox sleds and a one-horse sleigh, he started from Palmyra, Ohio, for Port Lawrence, bringing his family and house-hold goods, his son Marquis, then a lad f fourteen, driving two cows. At the Black River, in what is now Lorain County, the snow disappeared and they made the rest of the journey on the ice in Lake Erie, arriving at Port Lawrence on February 19, 1823. For ten years the family lived in the old log warehouse that had been erected by the Port Lawrence Company in 1817. In 1833 John Baldwin, a son of John T., bought lot No. 11, on the north side f Summit Street, and built a two-story brick building, the lower floor f which was sed for a provision store and the upper floor for the family residence. In 1836 John erected another building on Superior Street near Washington. John and Marquis then formed a partnership, their father and another son, Tibbals Baldwin removing to a farm. John Baldwin died in 1837, John T. Baldwin, in 1838. Tibbals then returned to Palmyra and Marquis continued in business in Toledo until 1845, when he removed to a farm in Washington Township. In 1861 he returned to Toledo, where he passed the re-mainder f his life. In 1814 Joseph Prentice removed from Brooklyn, New York, to Ashtabula County, Ohio. He was a carpenter by trade and when the Port Lawrence Company was organized in 1817, he was employed by William Oliver to build a warehouse at the mouth of Swan Creek. Mr. Prentice made the journey on sledges on the ice along the shore of Lake Erie. He built for himself a small frame house on Perry Street and lived there until about 1825, when he removed to the east (or south) side of the river and died there on May 6, 1845, aged sixty-four years. Sanford L. Collins came to Toledo or that part f it at first known as Vistula —in December, 1831, as manager of a store for Lewis Godard, of Detroit. He was born in Jefferson County, New York, April 4, 1805, and in July, 1831, in company with his brother, Morgan L. Collins, came to Detroit. The latter soon returned to New York and Sanford entered the employ of Mr. Godard, whom he had formerly known in Lockport, New York. In the early summer of 1832 Mr. Godard formed a partnership with Elkanah Briggs, of Kinderhook, New York, a man with large capital for that day, and the firm of Briggs & Godard erected a large frame building on the southeast corner of Lagrange and Summit streets. It was occupied in October, 1832, with a new stock of goods, the old store being then sold to John Baldwin. About that time Mr. Collins and Stephen B. Comstock purchased what was known as the "Burgess tract," at Tremainesville, with a view to establishing a store at that point. Mr. Comstock soon afterward sold his interest to Lewis Godard, who joined with Mr. Collins in building a store, which was opened in the fall of 1833 under the name of S. L. Collins & Company. From 1834 to 1842 Mr. Collins was postmaster at Tremainesville, though in 1837 the store was sold 286 - TOLEDO AND LUCAS COUNTY to Horace Thacher and Michael T. Whitney. When the first election for county officers was held in 1836, Mr. Collins was chosen treasurer, and he was the first township clerk of Washington Township. In January, 1834, he married Miss Harriet, daughter of Noah A. Whitney, and some of his descendants are still living in Toledo. Andrew Palmer, who came to Toledo in 1833, was born in Binghamton, New York, March 28, 1808, and at the age of fourteen years was apprenticed to a printer there to learn the trade. Five years later, in connection with an elder brother, he established a newspaper at Rensselaerville, but soon afterward removed to Schenectady. Early in 1833 Andrew sold his interest to his brother and started for the Maumee Valley. The boat on which he took passage did not stop at the Maumee River and he went on to Detroit, where he landed about the middle of May. Learning that there would be no boat for the Maumee for two or three days, he decided to walk. Starting out early in the morning, he reached Monroe that night. About noon the next day he arrived at Port Lawrence, having walked the sixty-two miles in a day and a half. After investigating the prospects, he purchased a one-sixteenth interest in the holdings of the Port Lawrence Company. Before leaving Schenectady he had formed a partnership with James Myers, of that city, and his next step was to open a stock of general merchandise in the company warehouse, at the same time engaging in the forwarding and commission business. In a little while the latter line of business grew to such proportions that the entire warehouse was needed for its accommodation, and Mr. Palmer erected another building on Summit Street, near Perry, for his general store. This business he sold in 1836, when he and his brother, Peter, built a large warehouse just below Monroe Street and engaged exclusively in the storage and commission business. The same year he built a residence on the corner of Superior and Jefferson streets and engaged in the real estate business. In 1837, when the first city election was held in Toledo, Mr. Palmer was the Democratic candidate for mayor, but was defeated by John Berdan. During the political campaign of 1840 he was in charge of the editorial department of the "Toledo Blade," and in 1841 he was appointed postmaster. At the expiration of his term in 1845, he removed to Wisconsin, where he was an active and influential citizen until his death. This list of pioneers might be extended indefinitely. The names Bissell, Comstock, Crane, Sibley, Phillips, Potter, Stephens, Whitney and others, figured as prominently in the early history of Toledo as some of those above mentioned. Sketches of many other early settlers will be found in the chapters relating to the commercial, professional and industrial interests, or in the histories of the several townships of the county. CHAPTER XVIII THE INCORPORATED CITY THE FIRST CHARTER-ITS PRINCIPAL PROVISIONS-FIRST CITY ELECTION- EARLY COUNCIL PROCEEDINGS-FIRST FINANCIAL STATEMENT-RECEIPTS AND DISBURSEMENTS-EARLY HANDICAPS-UNDER THE ACT OF 1852—THE PAINE REVISION-CHARTER OF 1915—ITS LEADING FEATURES-LIST OF MAYORS-VICE MAYORS-PERSON MENTION-FIRE DEPARTMENT-POLICE DEPARTMENT-STREET IMPROVE M ENT-SEWER SYSTEM-TOLEDO IN 1922. In the preceding chapter has been treated the formative period of Toledo's history—from 1817 to 1835. After the consolidation of the villages of Port Lawrence and Vistula, greater harmony prevailed and the new Town of Toledo began to grow in population and wealth. Consequently, it was not long until a movement was started for the organization of a city government. When the General Assembly met in 1836, a petition was presented to that body asking for the incorporation of Toledo as a city. Early in the session a bill (House Bill No. 30) for that purpose was introduced by Mr. Hollister. After some debate and amendment, it passed both houses and was approved by Governor Vance on January 7, 1837. THE FIRST CHARTER This original act of incorporation, or charter, defined the boundaries of the city as follows : "Section 1. Be it enacted by the General Assembly of the State of Ohio, that so much of the County of Lucas, bounded by a line beginning at the southwest corner of the northeast quarter of Section 34, in Township 9 south, of Range 7 east, thence drawn through the southeast corner of sections 27 and 23, same township and range, until it is intersected by a line drawn in a due northwest course from the southeast corner of the west half of the northeast quarter of Section 30, Township 9 south, of Range 8 east ; thence by the northeast line of land now owned by Benjamin F. Stickney, on the east half of the southeast fractional quarter of Section 30, Township 9 south, of Range 8 east ; thence by a line drawn in a southeast course to the center of the east channel of the Maumee River ; thence up and along the center of said channel in a southwesterly direction to that point which would be intersected by a continuation across said river of the south line of the land known and described as tract No. 6, in the Twelve-mile square Reservation, at the foot of the Rapids of the Miami of Lake Erie ; thence west to the southeast corner of the northwest quarter of Section 10, in Township 3 in said reservation ; thence by a line drawn in a direct course to the place of beginning, shall be and hereby is declared to be a city, and the inhabitants there are created a body corporate and politic, by the name and style of the 'City of Toledo,' and by that name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places, and in all matters whatsoever ; with power of purchasing, receiving, holding, - 287 - 288 - TOLEDO AND LUCAS COUNTY occupying and conveying real and personal estate, and may use a corporate seal and change the same at pleasure." The act provided for the division of the city into two wards, Cherry Street to be the dividing line. It also provided that city elections should be held annually on the first Monday in March, for mayor, three aldermen from each ward, treasurer and marshal, "who shall hold their respective offices for one year and until their successors are elected and qualified." Elections were to be held in accordance with the laws governing township elections. The trustees and clerk of Port Lawrence Township were authorized to determine the result of the first election under the charter, after which elections were to be conducted by the city council. The mayor was given boil.; executive and judicial powers. It was made his duty to enforce the ordinances passed by the council and act as head of the police of the city. As a judicial officer he was given "exclusive original jurisdiction of all cases for the violation of any ordinance of said city," and in criminal cases he was vested with the same powers as justices of the peace in the County of Lucas. He was also given the same jurisdiction and authority as justices of the peace in civil cases, and entitled to receive the same fees therefor. No municipal authority could have reasonably asked for greater power than that conferred upon the city council, or board of aldermen. That body was authorized to appoint and remove at pleasure a clerk, street commissioner, attorney for the city, assessors, surveyors, "and such other officers as the needs of the city may require, prescribe their duties and fix their compensation ;" make, publish, amend and repeal all ordinances, by-laws and police regulations, not contrary to the laws of Ohio, "for the good government and order of said city, the trade and commerce there, and as may be necessary to carry into effect the powers given to the said council by this act ; and enforce observance to all rules, ordinances, by-laws and police regulations, made in pursuance of this act, by imposing penalties on any person violating the same, not exceeding fifty dollars for any offense, to be recovered, with costs, in an action of debt before the mayor, or by indictment for misdemeanor upon the complaint of the common council." The council was also empowered to "grant to the mayor such compensation as shall be approved by the concurring vote of all the members ;" to increase the number of wards and change ward boundaries ; to prohibit the selling or giving away of any ardent spirits by storekeepers, traders, or grocers, to be drank upon the premises owned or occupied by the person selling or giving away the same, except by innkeepers duly licensed ; to regulate or prohibit shows, circuses or theatrical performances ; to restrain or prohibit gaming of all descriptions ; to regulate the running at large of cattle, swine, sheep, goats, geese and dogs ; to regulate the mooring of steamboats and other vessels and the keeping of fires thereon ; to provide for the establishment of public markets, public wells, cisterns, pumps and waterworks ; to suppress disorderly houses, shows and exhibitions ; to lay out, open, grade and pave streets, and otherwise improve lanes, alleys, highways, market places, wharves and slips within the city limits ; and to levy taxes upon property for the support f the city government, etc. FIRST CITY ELECTION In accordance with the provisions of the act of incorporation, a city election was held on March 6, 1837. The Democrats nominated Andrew Palmer and the TOLEDO AND LUCAS COUNTY - 291 Whigs nominated John Berdan as their candidates for the office of mayor. Party lines were not closely drawn and Mr. Berdan was elected. At the same time J. Baron Davis was elected clerk ; Calvin Comstock, marshal; Samuel R. Bradley, Stephen B. Comstock and George B. Way, councilmen for the Upper Ward ; Junius Flagg, Elijah Porter and James S. Way, councilmen for the Lower Ward. At the first meeting of the council, a few days after the election, George H. Rich was elected clerk ; Daniel O. Morton, attorney ; Ahira G. Hubbard, street commissioner ; Charles McLean, fire engineer ; Munson H. Daniels and Samuel Eddy, assessors. With the election of these officers and their induction into office, the municipal government of the City of Toledo was "in full swing." Mr. Berdan was again elected mayor in 1838. In 1839 he was succeeded by Hezekiah D. Mason, who served one year, when Myron H. Tilden was elected and served four consecutive terms. A complete list of the mayors is given later in this chapter. COUNCIL PROCEEDINGS To give the reader some idea of Toledo in 1837, as compared with 1922, the following abstract of the council proceedings for the first year of the city's corporate existence is here presented. The first ordinance of general importance was the one passed on April 24, 1837, providing for a tax levy on personal property. One section of the ordinance provided that any person failing to make correct return of the personal property owned by him should be taxed three times the regular rate. From this it may be inferred that the tax dodger was among the Toledo pioneers. At the council meeting of May 29, 1837, a committee was appointed to "ascertain the expense of procuring two fire engines for the use of the city," and the committee on public health was directed to "examine the various pools of standing water in different sections of the city, and take measures for drying up or draining the same." In this connection it may be stated that boys used to skate and row small boats upon ponds where some of the city's most substantial business buildings are now located. On July 17, 1837, two public hay scales were authorized. One for the Upper Ward (Port Lawrence) was to be located near the Toledo House, on the corner of Summit and Perry streets, and Roswell C. Cheney was appointed city weigher. The one for the Lower Ward (Vistula) was located near the Mansion House, on Summit Street near Locust, and Ezra B. Dodd, proprietor of the Mansion House, was appointed weigher. The fee for weighing hay was twenty-five cents per load. At the same meeting an ordinance regulating ferries was passed. It provided that any person operating a ferry across the Maumee River should first obtain a license from the city. The hours for ferrying were "from sunrise to sundown" and the rates fixed by the ordinance were as follows : For each person, 12 1/2 cents ; for man and horse, 25 cents ; for one-horse vehicle, 37 1/2cents; for two-horse wagon, 50 cents ; for each additional horse or ox, 6 1/2 cents ; for each head of horned cattle, 6 1/2 cents ; for each sheep or hog, 3 cents. No money was appropriated by the council—probably because no funds were available for appropriation—until September 25, 1837, when William R. Hoyt's bill of $33.00 for a table and chairs for the use of the council was allowed and 292 - TOLEDO AND LUCAS COUNTY ordered to be paid. At the same time the sum of $28.00 was appropriated to pay Sanford & Lott, of Cleveland, for record books and stationery. Evidently the report of the committee on fire engines, appointed May 29, 1837, was favorable, as on the 25th of September the firm of Hoisington & Manning was allowed $68.00 "for building Engine House No. 1." At this meeting the city. was divided into three school districts. (See Chapter XX.) These early ."city fathers" seem to have been determined to protect the young men f the city from immoral influences, for on October 9, 1837, an ordinance was passed prohibiting, under heavy penalties, "ball (nine or ten pin) alleys, billiards, roulette, or any other table, instrument or device used or to be used for the purpose of gaming or gambling." About that time Richard Mott was allowed $25.00 for rent of rooms used by the council from May 1 to November 1, 1837, though the warrant was not drawn until the following February. On January 29, 1838, the council divided the city into three wards. The First Ward included all that portion of the city lying east of Locust Street; the Second Ward, that portion between Locust and Madison streets ; and the Third Ward, all that part south and west of Madison. Preparatory to the city election to be held on March 5th, judges of election were appointed in the several wards on February 15, 1838, as follows : First Ward, Ezra B. Dodd, Luke Draper and Leander Hill ; Second Ward, Elisha Fassett, Joseph B. Gardner and Emery D. Potter ; Third Ward, Austin A. Hill, Oliver Stevens and James M. Whitney. The first statement of receipts and expenditures was made on February 24, 1838, and covered a period of ten and one-half months. Compared with Toledo's annual balance sheet for 1921, when the city's receipts and disbursements ran into millions of dollars, this first financial statement was a modest affair. Omitting the dates when the money was paid into the treasury, or when warrants were drawn for appropriations, the statement is as follows :