Читать книгу Centennial History of Columbus and Franklin County - William Alexander Taylor - Страница 19

In some respects the legislative charter of March 3, 1834, was not unlike the borough charter of 1816; while in others it was widely variant. Both are worthy of intelligent study, even in this day of advanced ideas of municipal government. The borough charter contained the most advanced ideas of the smaller municipal governments of its day, and so, also, the city charter contained the best ideas then prevalent for the large municipalities or cities. One who reads closely, and studies intelligently, both these charters, and especially the last, will discern that they were legislative enactments, directly in the interests of the citizens and rate payers, and offered little or no encouragement to politicians and job hunters.

They are a fair, and in one way, a uniform type of the village, borough and city governmental system of that age. Plain, straightforward, clear and comprehensive statements of the delegation of powers to the citizens from the higher sovereign, defining the limits within which they might exercise home rule. The widely different forms and qualities of local and municipal government which have been the vogue for the past quarter of a century, tends to give them great historical value, and make them a most important feature in the annals of the city and, therefore, worthy of historical perpetuation.

If one will read the contemporaneous record of history in the light of these enabling acts, he will be struck with the almost total absence of official scandal and realize that the official faults which were open to censure were practically only venial ones. These charters contain no doubtful grants of power, confer no india rubber prerogatives to be stretched at the inclination of the official. It was held by the statesmen of that day that the opportunity to do wrong in official station was seldom, if ever, escaped by weak men and eagerly improved by dishonest ones. Hence, they barred all opportunity and the result fully justified their austerity. That even a weak man might be strong in the absence of temptation, while strong men were not always strengthened, by coming in contact with it. Plainness, directness, straightforwardness and strict accountability in government are not so constituted as to make office holding a gold-mine, whatever they may do in the conservation of private rights and the promotion of public virtue and civic progress.

The Charter entire follows:

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, that so much of the county of Franklin as is comprised within the following limits, to-wit: Beginning at a point where the southwest corner of the new penitentiary lot bounds on the Scioto river thence north with the west line of said lot, to the north side of Public Lane, thence east with Public Lane to the east side of Fourth street to Broad street, thence east with the north side of Broad street to the east side of Seventh street, thence south with the east side of Seventh street to South Public Lane, thence west with the south side of Public Lane, to the alley which is the east boundary of South Columbus, thence south with the east side of said alley to the south side of the alley or lane, which is the south boundary of South Columbus, thence with the south side of said alley or lane to the west side of the alley or street which is the western boundary of South Columbus, thence north with the west side of said alley or street to the south side of South Public Lane, thence west to the west side of the Columbus Feeder so as to include the tow path, thence north with said tow path to the Scioto River, and in the same direction across said river, thence up the west side of said river, and in the same direction across said river, thence up the west side of said river and with the meanders until a line drawn due north will reach the place of beginning, shall be and (is) hereby declared to be a City, and the inhabitants thereof are created a body corporate and politic, with perpetual succession, by the name and style of "the City of Columbus," and, as such by that name, shall be capable of contracting and being contracted with, of suing and being sued, pleaded and being impleaded, answering and being answered unto, in all courts and places, and in all matters whatsoever and also of purchasing, using, occupying, enjoying, and conveying real and personal estate and may have and use a corporate seal, and change, alter and renew the same at pleasure, and shall be competent to have, receive, and enjoy all the rights, immunities, powers and privileges, and be subject to all duties, and obligations incumbent upon and appertaining to a municipal corporation, and for the better ordering and governing said City, the exercise of the corporate powers of the same herein and hereby granted and the administration of its fiscal, prudential and municipal concerns, with the conduct, direction and government thereof shall be vested in the mayor and council, consisting of four members from each ward, to be denominated the city council, together with such other officers, as are hereinafter mentioned and provided for.

Sec. 2. That the said City of Columbus shall be, and is hereby invested as the lawful owner and proprietor, with all the real and personal estate, and all the rights and privileges thereof, together with all the property funds, and revenues and all money, debts, accounts and demands due and owing or in any wise belonging to the mayor and council of the borough of Columbus, or which by or under the authority of any former acts, ordinances, grants, donations; gifts or purchases, have been acquired, vested in or are or may be owing or belonging to the said mayor and council of the borough of Columbus, and the same are hereby transferred to the corporate body created and established by this act, and all suits pending and judgments recovered by, in favor of, or against the said mayor and council of the borough of Columbus, together with all rights, interests, claims and demands in favor of and against the same, may be continued, prosecuted, defended and collected, in the same manner as though this act had never been passed, and the said City shall be held accountable, and made liable for all debts and liabilities of the said mayor and council of the borough of Columbus.

Sec. 3. That the said city, shall be divided into three wards; the first ward shall comprise all the territory north of the center of State street, the second ward all between the center of State and the center of Rich streets and the third ward all south of the center of Rich street, until such boundaries may be altered, or the number of wards may be increased by city council, who are hereby authorized and empowered to make alterations in the boundaries of or to establish additional wards as the public convenience may require.

Sec. 4. That the mayor of said City shall be elected by the qualified voters thereof on the second Monday of April, biennially, and shall hold his office for the term of two years, and until his successor shall be chosen and qualified, it shall be his duty 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, to inspect the conduct of all subordinate officers in the government thereof, and as far as in his power to cause all negligence, carelessness, and positive violation of duty to be prosecuted and promptly punished; he shall keep the seal of said city, sign all commissions, licenses and permits which may be granted by or under the authority of the city council, and shall keep an office in some convenient place in said city, to be provided by the city council; he shall perform such duties and exercise such powers as from time to time may devolve upon him by the ordinances of said city, not inconsistent with the provisions of the act, and the character and the dignity of his office, and generally do and perform all such duties, and exercise such other powers as pertain to the office of mayor; he shall in his judicial capacity, have exclusive original jurisdiction of all cases, for the violation of the ordinances of said city, and he is hereby vested with powers coequal with justices of the peace within said city, and shall have power to exercise the same jurisdiction and authority in civil and criminal cases, within the limits of said city, and shall be entitled to the same fees as justice of the peace in like cases, all process shall be directed to the city marshal, who is hereby authorized and empowered to exercise the same powers, in serving such process, levying execution and making distress on delinquents in civil and criminal cases, and shall be entitled to the same fees as constables are for the like services, and in case of misconduct in office of the mayor, recorder, treasurer, marshal, councilman, or any subordinate officer the city council have hereby power to remove him, or any of them, by an agreement of a majority of two-thirds concurring, and the mayor shall have power and it shall (be) lawful for him to award all such process and issue all such writs as shall be necessary to enforce the due administration of right and justice throughout said city, and for the lawful exercise of his jurisdiction agreeably to the usages and principles of law; Provided that in all cases brought before said mayor, for violations of the ordinances of said city, and where said mayor shall adjudge the defendant or defendants to pay a fine of five dollars and upwards, exclusive of costs; the defendant or defendants shall have the right of appealing from the said judgment to the court of common pleas of Franklin County, upon giving bond in double the amount of said judgment and costs, and with such security as shall be approved of by said mayor, within ten days from the rendition of said judgment, which bond shall be conditioned to pay and discharge the judgments and costs, which may be recovered against him, her or them, in the said court of common pleas, which appeal when perfected by giving bond as aforesaid, shall entitle the party appealing to the same rights and privileges, subject to the same conditions, restrictions and limitations, as by the laws of this state, pertain to parties appealing from the judgments of justices of the peace to the courts of common pleas, and the said causes so appealed, shall be prosecuted in the said court of common pleas, by indictment and trial by jury in the same manner as offences against the laws of the state are prosecuted; and it shall be sufficient to set forth in the indictment, the offence in the words of the ordinance said to be violated; and to refer to said ordinance by title only without reciting such ordinance and by concluding the said indictment against the peace and dignity of the state of Ohio. And the said court of Common Pleas of Franklin county, is hereby authorized, empowered and directed to take cognizance of, and hear and determine all such cases as shall be brought before them by appeal as aforesaid, and assess such fine, and pass such judgment against such defendant or defendants, as shall be prescribed by the ordinances of the city.

The mayor shall moreover, have authority to take and certify the acknowledgments of all deeds for the conveyance or encumbrance of real estate situate in the state of Ohio. And it shall be lawful for him to order any person brought before him charged with the commission of any criminal offence in any state or territory of the United States, upon proof by him adjudged sufficient, to direct such accused person to be delivered to some suitable person or persons to be conveyed to the proper jurisdiction for trial.

Sec. 5. That the qualified electors of each ward in said city shall, on the second Monday of April next, elect by ballot, four members of the city council in each ward, who shall have resided in said city three years, and shall have been freeholders or householders therein one year next preceding such election, and shall be residents and inhabitants of the ward in which they shall be elected, and the members so elected shall meet in each ward wit bin five days, and determine by lot, the time they shall severally serve; one shall serve one year, one two years, one three years, and one four years; so that one-fourth of them shall be out every year, and at every annual election, which shall be on the second Monday in April in every year, there shall be elected one new member of said council in each ward who shall continue in office four years, and until their successors shall be elected and qualified, and the members so elected shall, when assembled together, and duly organized continue the city council a majority of the whole number of whom shall be necessary to constitute a quorum for the transaction of business; they shall he the judges of elections, and qualifications of their own members, and shall determine the rules of their proceedings, and keep a journal thereof, which shall be open to the inspection and examination of every citizen, and may compel the attendance of absent members in such manner and under such penalties as they shall think fit to prescribe; they shall meet in the council chamber or in some other convenient place in said city, on the third Monday in April, and after having taken the oath of office before the mayor or some other officer qualified to administer oaths, they shall elect, from their own body, a president who shall preside in their meetings for one year, and a recorder and treasurer, who shall hold their offices one year, and until their successors are elected and qualified.

Sec. 6. That the city council shall provide the places and fix the times of holding their (meetings) not herein otherwise provided for, which at all times shall be open for the public; they shall appoint all assessors and collectors of taxes, city surveyor, clerk of the market, street commissioners, health officers, weighers of hay, measurers of wood and coal, wharf masters, and such other city officers, whose appointment or election is not herein otherwise provided for, as shall be necessary for the good government of said city, and the due exercise of its corporate powers, and which shall have been provided for by ordinance, and all city officers whose term of service is not prescribed and whose powers and duties are not defined in and by this act, shall perform such duties, exercise such powers, and continue in office for such term of time, not exceeding one year, as shall be prescribed by ordinance.

Sec. 7. That the said city council shall have the custody, care, superintendence, management and control of all the real and personal estate, and other corporate property belonging to said city, and all the real and personal estate, money, funds, and revenues, which from time to time, may be owned by, or of right belong to said city, with full power to purchase, hold, possess, use, occupy, sell and convey the same for the use and benefit of said city and the inhabitants thereof; Provided, that the city council shall not have power to sell any public landing, wharf or wharves, dock or docks, basin or basins, or any interest therein, or part thereof, which now is, or hereafter may be used and kept for the accommodation and convenience of the merchants, and others engaged in the trade, commerce and navigation of said city; nor shall the said city council 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, engage in the business of banking.

Sec. 8. That the said city council shall have power, and it is hereby made their duty to make and publish, from time to time, all such ordinances as shall be necessary to secure said city and the inhabitants thereof against injuries from fire, thieves, robbers, burglars, and all other persons violating the public peace; for the suppression of riots and gambling, and indecent and disorderly conduct; for the punishment of all lewd and lascivious behavior in the streets and other public places of said city, and for the apprehension and punishment of all vagrants and idle persons; they shall have power, from time to time, to make and publish all such laws and ordinances as to them shall seem necessary, to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of said city and the inhabitants thereof; to impose fines, forfeitures and penalties, on all persons offending against the laws and ordinances of said city, and provide for the prosecution, recovery and collection thereof; and shall have full power to regulate by ordinances, the keeping and sale of gunpowder, within the city.

Sec. 9. That the said city council shall have power to establish a board of health for said city, invest it with such powers, and impose upon it such duties as shall be necessary to secure said city and the inhabitants thereof from the evils, distress and calamities of contagious, malignant and infectious diseases, provide for its proper organization and the election or appointment of the necessary officers thereof, and make such by-laws, rules and regulations for its government and support as shall be required for enforcing the most prompt and efficient performance of its duties, and the lawful exercise of its powers; they shall have power, whenever the public peace of said city shall require it, to establish a city watch, and organize the same, under the general superintendence of the city marshal or other proper officer of the police, prescribe its duties and define its powers in such manner as will most effectually preserve the peace of said city, secure the inhabitants thereof from personal violence, and their property from fire and unlawful depredations; they shall establish and organize all such fire companies, and provide them with the proper engines and other instruments as shall be necessary to extinguish fires, and preserve the property of the inhabitants of said city from conflagration, and provide such by-laws and regulations for the government of the same as they shall think fit and expedient; and each and every person who may belong to any such fire company shall, in time of peace, be exempted from the performance of military duty, under the laws of this state; they shall erect, establish and regulate the markets, market places of said city for the sale of provisions, vegetables and other articles necessary for the sustenance, comfort and convenience of said city and the inhabitants thereof, to assize and regulate the sale of bread; and they shall have power to establish and construct landing places, wharves, docks, and basins in said city, at or on any of the city property.

Sec. 10. That for the purpose of more effectually securing said city from the destructive ravages of fire, the said city council shall have power and authority, and for such purpose, they are hereby empowered and authorized, on the application of three-fourths of the whole number of owners or proprietors of any square or fractional square in said city, to prohibit in the most effectual manner, the erection of any building or the addition to any building before erected, more than ten feet high in any such square or fractional square, except the outer walls thereof shall be composed entirely of brick or stone and mortar, and to provide for the most prompt removal of any building or addition to any building which may be erected contrary to the true intent and meaning of this section.

Sec. 11. That the said city council shall have power, and is hereby made their duty to regulate, by good and wholesome laws and ordinances for that purpose, all taverns, ale and porter shops and houses, and places where spirituous liquors are sold by a less quantity than a quart, and all other houses of public entertainment within said city, all theatrical exhibitions and public shows, and all exhibitions of whatever name or nature, to which admission is obtained on the payment of money or any other reward: the sale of all horses and other domestic animals at public auction in the said city, and impose reasonable fines and penalties for the violation of any such laws and ordinances: And the said city council shall have full and exclusive powers to grant or refuse licenses to tavern keepers, innholders, retailers of spiritous liquors by a less quantity than a quart, keepers of ale and porter houses and shops, and all other houses of public entertainment, showmen, keepers and managers of theatrical exhibitions, and all other exhibitions for money or reward; auctioneers for the sale of horses and other domestic animals, at public auction in said city; and in granting any such license, it shall be lawful for said city council to exact, demand and receive such sum or sums of money as they shall think fit and expedient, to annex thereto such reasonable terms and conditions in regard to time, place and other circumstances, under which such license shall be acted upon, and in their opinion the peace, quiet and good order of society in said city may require; and for the violation of such reasonable terms and conditions as aforesaid, the mayor shall have power to revoke or suspend such license, whenever the good order and welfare of said city may require it, in such manner as shall be provided for by ordinance.

Sec. 12. That the said city council shall have power, and they are hereby authorized to require and compel the abatement and removal of all nuisances within the limits of said city, under such regulations as shall be prescribed by ordinance; to cause all grounds therein, where water shall at any time become stagnant, to be raised, filled up, or drained; and to cause all putrid substances, whether animal or vegetable, to be removed; and to effect these objects, the said city council may, from time to time, give order to the proprietor or the proprietors, or to his or her agent, and to the nonresident proprietors who have no agents therein, by a publication in one or more of the newspapers printed in said city, for a period of six weeks, of all or any grounds, subject at any time to be covered with stagnant water, to fill up, raise or drain such grounds at their own expense; and the said city council shall designate how high such grounds shall be filled up and raised, or in what manner they shall be drained, and fix some reasonable time for filling up, raising or draining the same; and if such proprietor or proprietors, or agent, shall refuse or neglect to fill up, raise or drain such grounds, in such manner, and within such time as the said city council shall have designated and fixed, they shall cause the same to be done at the expense of the city, and assess the amount of the (expense) thereof, on the lot or lots of ground so filled up, raised or drained as aforesaid, and place the assessment so made as aforesaid, in the hands of the city marshal, who shall proceed to collect the same, by the sale of such lot or lots, if not otherwise paid, in the same manner, with the same powers, and under the same regulations, and shall make good and sufficient deeds thereof to the purchaser, subject to the same right or redemption by the proprietor or proprietors, their heirs or assigns, as the law prescribes, for the time, for the sale of lands for the nonpayment of state and county taxes; but no penalty for the non-payment of any such taxes or assessments shall exceed twenty-five per cent.

Sec. 13. That said city council shall cause the streets, lanes, alleys and commons of said city, to be kept open and in repair, and free from all kinds of nuisances; but it shall be lawful for them to continue any building or erection now standing thereon, if, in their opinion, the interest and general health of said city will not be injured thereby; they shall have the exclusive power of appointing supervisors and other officers of streets within the said city; they shall have the power, whenever the public convenience or safety shall require it, to prohibit hogs, cattle, horses, and other description of animals, from running at large in the streets, lanes, alleys, commons and other public places in said city; they shall have power to license and regulate all carts, wagons, drays, and every description of two and four wheeled carriages, which may be kept in said city for hire, all livery stables, brokers and loan officers, and to provide for the inspection and the appointment of inspectors of all articles of domestic growth, produce or manufacture, which may be brought to said city, or sold or purchased therein, for exportation, and not included in the inspection laws of said city.

Sec. 14. That to defray the current expenses of said city, the said city council shall have power to levy and collect taxes on the real and personal property therein, as the same has been or shall be appraised and returned on the grand levy of the State: Provided, the amount of taxes levied as aforesaid shall not in any one year exceed one-fifth of one per centum on the aggregate value of taxable property in said city; they shall also have power, whenever, in their opinion, the interest of said city shall require it, to levy and collect taxes on dogs and other domestic animals, not included in the list of taxable property, for state and county purposes, which said taxes shall be collected by the city marshal or collector, and paid into the city treasury, in the same manner, with the same powers and restrictions, and under the same regulations, and in all things as to the sale of real or personal property therefor, he shall act according to the provisions and regulations of the law, for the collection of taxes for state and county purposes; and they shall have power to levy and collect a special tax from the real estate of any section, square or part of it square, or market place of said city, on the petition of the owner or owners, of not less than two-thirds in value thereof, for opening, paving, repaving or improving any street, lane, or alley bounding on or within the same, or for the purpose of lighting any section, street, lane or alley bounding on or within the same; Provided, that for the purpose of lighting such section, street, lane or alley, the owner or owners of not less than two-thirds of the real estate bound on or within the same, and both sides thereof, shall petition therefor, and for no other purpose whatever, the city council shall moreover have power, when two-thirds of the members elected shall deem it necessary to assess a special tax for supplying said city, or any portion thereof, with a night watch.

Sec. 15. That the said city council shall have power, whenever the public good shall require it, to erect a city prison, and to regulate the police or internal government of the same; that said city prison may contain cells for solitary confinement, and such apartments as may be necessary for the safe keeping, accommodation and employment of all such persons as may be confined therein: that the said city council shall have power to pass all such ordinances as may be necessary for the apprehension and punishment of all common street beggars, common prostitutes and persons disturbing the peace of said city, who, upon conviction thereof before the mayor, in such manner as the said city council shall prescribe, may be fined in any sum not exceeding one hundred dollars, or be confined in the cells, or kept at hard labor in said city prison for any length of time not exceeding fifteen days; that any person convicted before the mayor, under the provisions of this act, of any offence which, by the laws of the State of Ohio, is punishable in whole or in part, by confinement in the county jail, may be confined in the cells of the city prison, for any time not exceeding that specified by the laws of this State, for the punishment of such offense, or such persons so convicted, as aforesaid, may be kept at hard labor therein for the said term of confinement: And, provided also, that until such city prison shall be prepared for the reception of prisoners, the said city shall be allowed the use of the county jail of Franklin County, for the confinement of all such persons as may be convicted before the mayor, and who shall be liable to imprisonment under the laws of this state, or the ordinances of said city; and all persons so imprisoned, shall be under the charge of the sheriff of said county, who shall receive and discharge such persons in and from said jail, in such manner as shall be prescribed by the ordinances of said city, or otherwise, by due course of law; and after the said city prison shall be erected and prepared for the reception of prisoners, the marshal of said city, in the control, government and management thereof, shall have the same power and authority, and be subject to the same liabilities, as by the laws of this State now are or hereafter may be conferred and imposed upon the sheriffs of the several counties, in the control, government and management of the county jails, and all such other powers and duties as the city council may prescribe, to enforce any sentence of hard labor pronounced against any person by the said mayor.

Sec. 16. That all moneys raised, recovered, received, or collected, by means of any tax, license, penalty, fine, forfeiture or otherwise under the authority of this act, or which may belong to said city, shall be paid into the city treasury, and shall not be drawn therefrom except by order or under the authority of the city council and it shall be the duty of said city council, to liquidate and settle all claims and demands against said city to require all officers, agents, or other persons entrusted with the disbursement or expenditure of the public money, to account to them therefor, at such time and in such manner as they may direct; and they shall annually publish, for the information of the citizens a particular statement of the receipts and expenditures of all public money belonging to said city, and also of all the debts due and owing to and from the same; and the said city council shall have power to pass all such laws and ordinances as may be necessary and proper to carry into effect the powers herein and by this act granted.

Sec. 17. That every law or ordinance of said city, before it shall be of any force or validity, or in any manner binding on the inhabitants thereof, or others, shall be agreed to and ordered to be engrossed for its final passage by a majority of all the members of the city council; it shall then be reconsidered by the city council, and if on its final passage, it shall be adopted by a majority of all the members, it shall become a law for said city; and all questions on the final passage of any law or ordinance, or the adoption of any resolutions, shall be taken and decided by yeas and nays; and the names of the persons voting for and against the same shall be entered on the journals of said council; and all the laws and ordinances passed and adopted as aforesaid, shall be signed by the president of the council and the city recorder and immediately published in one or more of the newspapers of said city.

Sec, 18. That it shall be the duty of the city recorder to make and keep a just and true record of all and every law and ordinance, made and established by the city council, and all their proceedings in their corporate capacity, and the record so made shall at all times be open to the inspection of any elector of said city, and he shall perform such duties and exercise such powers as may be lawfully required of him, by the ordinances of said city: and he shall preside over the meetings of the city council in the absence of the president, until otherwise directed by the city council.

Sec. 19. That the city treasurer shall give bond with security to the recorder, to be approved by the city council before he enters on the duties of his office, conditioned for the faithful discharge thereof; he shall pay over all moneys by him received to the order of the president of the city council, countersigned by the city recorder; but no money shall be drawn from the treasury but by appropriations made by the city council; and the treasurer shall, when required, submit his books and vouchers to their inspection, and he shall perform such duties and exercise such powers as may be lawfully required of him, by the ordinances of said city.

Sec. 20. That there shall be elected annually by the city council, a city marshal, who shall hold his office one year, and until his successor be elected and qualified, who shall perform such duties and exercise such powers not herein specified as may be lawfully required of him by the ordinances of said city, and shall receive such fees and compensation as the said city council shall direct; the said marshal shall execute and return all writs and other process directed to him by the mayor, or when necessary in criminal cases, or for violations of the city ordinances, may serve the same in any part of Franklin county, it shall be his duty to suppress all riots, disturbances and breaches of the peace, to apprehend all rioters and disorderly persons and disturbers of the public peace in said city, and all persons in the act of committing any indictable offence against the laws of this State or ordinances of said city, or fleeing from justice after having committed any such offence, and him, her or them forthwith to take into custody and bring before the mayor for examination, and in case of resistance, may call to his aid and command the assistance of all bystanders and others in the vicinity; he shall have power to appoint one or more deputies, and at pleasure to dismiss or discharge them from office, and shall in all things be responsible for the correct and faithful discharge of their duties, and liable for all negligence, carelessness and misconduct in office; and positive violations of duty, which they or either of them may be guilty of in the performance of their official duties.

Sec. 21. That the mayor, councilmen. marshal, treasurer, city recorder, and all other officers under the government of said city, shall, before entering on the duties of their respective offices, take an oath or affirmation to support the constitution of the United States and of this State, and faithfully and impartially to perform the several duties of the office to which they may be respectively elected or appointed; and when required shall give such bond to said city with good and sufficient security, in such sum or sums, and with such conditions thereto, as the city council may from time to time direct, and in all cases not hereinbefore provided for, shall respectively be allowed and receive such fees and compensation for their services, and be liable to such fines, penalties and forfeitures for negligence, carelessness, misconduct in office and positive violation of duty, as the said city council shall by ordinance order and determine.

Sec. 22. That whenever the office of mayor, councilmen, marshal, treasurer, city recorder, or other officer in and by this act specified or provided for, shall become vacant by death, resignation, removal from the city, or otherwise, it shall be the duty of the city council, as soon as may be, to appoint some suitable person, having the requisite qualifications, to fill such vacancy, and the person so appointed shall continue in office during the remainder of the term for which his predecessor was elected or appointed; and in case of sickness or temporary absence of the mayor, the city council shall appoint some suitable person to perform the duties of that office during such sickness or temporary absence, who shall be obeyed and respected accordingly; Provided, that no appointment shall be made by the city council under this act, of any officer or agent of said city, or to fill any vacancy thereof, without the concurrent vote of a majority of all the members.

Sec. 23. That in all elections for city officers not otherwise provided for. it shall be the duty of the mayor to issue a proclamation to the qualified voters of said city, or to those of the respective wards, as the case may require, setting forth the time of such election, the place or places where the same shall be held, the officer or officers to be chosen; and cause such proclamation to be published in two of the newspapers printed in said city, at least ten days previous to said election; and every such election shall be opened between the hours of eight and ten o'clock in the forenoon, and continue open until four o'clock in the afternoon, and shall in all things be conducted agreeably to the laws regulating township elections for the time being, and it shall be the duty of the judges of such elections in the several wards, within two days thereafter, to make and direct the return thereof to the mayor of the said city, at his office, in the same manner that election returns are required to be made to the clerk of the court of common pleas, by the act entitled "an act to regulate elections;" Provided, that in all elections of mayor; the returns thereof shall be made and directed to the president of the city council: and the said mayor or the president of the city council, as the case may be. shall within five days after any such election, open the returns which have been made to him as aforesaid, and shall make an abstract of all the votes and file the same with the city recorder, who shall make a record thereof in a book to he kept by him for that purpose; and the person or persons having the highest number of votes shall be declared duly elected, but if from any cause the qualified voters of said city, of the respective wards, as the case may be, shall fail to effect any election at the time and in the manner herein provided, the mayor shall forthwith issue his proclamation for a second or other election, which in all things shall be notified, conducted, regulated and the returns thereof made, as in and by this act is prescribed; and the person or persons who shall be chosen at any such second or any other election, shall hold his or their office until the next stated period for the choice of a successor or successors, and it shall be the duty of the mayor or president of the city council, immediately to notify such person or persons as may be elected as aforesaid, of his or their election, by causing a written notice thereof to be served upon him or them, by the city marshal or his deputy; and every person so chosen or elected as aforesaid, shall, within ten days after being notified of his election, cause himself to be qualified to enter upon the duties of his office, and in default thereof, the office to which he shall have been elected, shall (be) deemed and considered in law to be vacant; and it shall be the duty of the city council to prescribe the time and manner, and provide the place or places of holding all elections in said city for city officers, and of making the returns thereof, not herein otherwise directed and prescribed.

Sec. 24. That each and every white male inhabitant above the age of twenty-one years, having the qualification of an elector, for members of the General Assembly of the state of Ohio, and having resided in said city one year next preceding any election for city officers, shall be deemed a qualified voter of said city, and shall be entitled to vote in the ward in which he resides for mayor and members of the city council: Provided, that no person shall lie capable of holding any office under the government of said city who has not resided therein, and been an inhabitant thereof at least one year next preceding his election or appointment, and provided also, that no person shall be eligible to the office of mayor, marshal, or treasurer of said city, who shall not have resided in said city and been an inhabitant thereof three years next preceding his election or appointment.

Sec. 25. That the city council, two-thirds of all the members concurring therein, shall have power to borrow money for the discharge and liquidation of any debt of the city, and to pledge for the payment of the interest and the repayment of the principal, the property and resources of the city in such manner and upon such terms and conditions as by an ordinance, voted for by two-thirds of the members elected as aforesaid may be prescribed.

Sec. 20. That the said city council shall have power on the petition of the owners of two-thirds in value of any square or section in said city to lay out and establish a new street or streets, alley or alleys through or across such square or section. Provided notice of the presenting of such petition shall be given by publication thereof in at least two of the newspapers published in said city for three weeks in succession, the last of which shall be at least sixty days before the presenting said petition; and provided also that if any person shall claim damages in consequence of the laying out of any such new street or alley, and shall file notice thereof in writing, in the office of the mayor within ten days after the order for laying out said street or alley shall have been made; the said city council shall cause the damage if any over and above the benefit to the property claimed to have been injured to be assessed under oath by three dis-interested judicious freeholders of said city to be appointed by said council for that purpose which shall be paid within three months after the making of the said order by the persons petitioning for the laying out of such new street or alley or in default thereof, the order laying out the said street or alley shall be null and void.

Sec. 27. That the mayor and council, recorder, treasurer, town marshal, clerk of the market, and all other officers of the borough of Columbus, now in office therein shall remain and continue in their respective offices and perform the several duties thereof under the provisions of this act, until the second Monday of April next until the mayor and city council are elected and qualified, and all laws, ordinances and resolutions heretofore lawfully passed, and adopted by the mayor and council of the borough of Columbus, shall be, remain and continue in force, until altered or repealed by the city council, established by this act; Provided that nothing in this act shall be so construed as to restrain or prevent the General Assembly from altering or amending the same whenever they shall deem it expedient.

Sec. 28. That the mayor and council of the borough of Columbus shall appoint two suitable persons in each ward to be judges of the first election; also two suitable persons to be clerk in each ward, and procure a suitable place in each ward for holding the election, and at every annual election thereafter the city council shall appoint two of their members in each ward, who are not candidates for re-election, to be judges, and make such other arrangements by ordinance respecting said elections as shall be lawful and convenient for the citizens of the several wards.

Sec. 29. That this act shall be taken and received in all (councils) and try all judges, magistrates and other public officers, as a public act, and all printed copies of the same which shall be printed by (or) under the authority of the General Assembly shall be admitted as good evidence thereof without any other proof whatever: that the act entitled an act to incorporate the town of Columbus, in the county of Franklin, passed February tenth, eighteen hundred and sixteen, and all acts to amend the same, and all supplements thereto, and all laws and parts of laws heretofore passed and coming within the provisions of this act, be and the same are hereby repealed.

John H. Keith, Speaker of the House of Representatives.

David T. Disney, March 3, 1834. Speaker of the Senate.

First City Election.

Pursuant to the provisions of the 28th section of the charter, the borough council set the election thereunder for the 10th of April, 1834, at which a mayor and twelve councilmen were elected, four councilmen being chosen from each of the three wards into which the city was divided.

The term of the mayor was for two years and the councilmanic term was of like length, save that one-half of the councilmen first chosen from each ward, to be ascertained by lot, were to serve for but one year, the other half to serve for two years, and thereafter two councilmen from each ward were to be chosen annually, to the end that the term should be for two years for all after the first election. The following were chosen: Mayor, John Brooks.

Councilmen.

First Ward—Joseph Ridgway. R. W. McCoy, Henry Brown, Otis Crosby.

Second Ward—Jonathan Neereamer, Noah H. Swayne, Francis Stewart, William Long.

Third ward—John Patterson, Christian Heye, William Miner, William T. Martin.

Officers by Appointment.

The council proceeded to elect (or "appoint") the following officers: President, Robert W. McCoy; recorder, William T. Martin; treasurer, William Long; surveyor, J. A. Lapham; marshal and clerk of the market, Abraham Stotts.

The subsequently most noted man among the above was Noah H. Swayne, who ended his distinguished career on the supreme bench of the United States, he having retired in 1881 and died in 1884. fifty years after serving as city councilman in the Ohio capital.

Robert W. McCoy continued in council and was reelected president of the body until he resigned his seat in 1853, having been a councilman continuously from 1816 to 1853, a period of thirty-seven years.

William T. Martin continued as recorder until 1839: William Miner succeeded him until 1843, and then the office was filled by Joseph Ridgway, Jr., until the office was abolished in 1850. Then the office of city clerk was created and was filled by B. F. Martin, not related, however, to William T. Martin, until 1857, when he was succeeded by Joseph Dowdall.

William T. Martin, however, served as councilman, and concurrently as mayor, or recorder at times, from 1816 to 1839, and after that for twenty or more years in county, township and other offices, making his official tenure considerably more than half a century, and counting all the concurrent official years and terms, his services were equivalent to one hundred and fifty years, and in each and every office, whether one or two or three held concurrently, he was the model of official efficiency and promptness, and wound up his career by writing the best early history of Columbus that was ever printed, and to whom the writer of this desires to formally and most comprehensively express his obligations and make his acknowledgments.

William Miner was appointed recorder in 1843, followed by Joseph Ridgway, Jr. The office of recorder was abolished in 1850 and its duties devolved on the city clerk, a newly created official. Mr. Benjamin F. Martin, son of William T. Martin, was chosen the first clerk and continued to hold the office until 1857, when he was succeeded by Joseph Dowdall.

R, W. McCoy continued as treasurer until 1834 and was succeeded in that year by William Long. The office of city solicitor was created in 1851.

By an ordinance passed by the council on the 18th of February 1846, the city was divided into five wards. All north of Gay street to constitute the first ward; all between Gay and State streets, the second; all between State and Rich streets, the third; all between Rich and Mound streets, the fourth; and all south of Mound street the fifth. Each ward to be represented by three members in council.

But subsequently, by an act of the legislature passed May 3, 1852, for the organization of cities, etc., the number of councilmen for each ward is reduced to two. The fifty-ninth section of that act provided that on the first Monday in April, 1853, there shall be two members elected in each ward, one of whom shall serve two years, the other one year. And the last section of the same act provides that the officers in office at the passage of the act should hold out their respective terms.

It now became a question whether to hold an election or not. The term of one of the members in each ward expired at this time which would reduce the council to the number required without any election; but it would not be in accordance with the letter of the above provision requiring an election at this particular time; and the members not being disposed to resign their places the two members in each ward whose term did not expire held on and the council ordered an election for two additional members. So that the first year, under the new charter, each ward had four members instead of two, the second year three members, and the third year (1855) the council was reduced to the number required—two in each ward.

Borough and City Officers, 1810—1908-1909.

Following are the borough and city offices, as they are respectively designated herewith, from 1816 to 1908-9, with the dates of incumbency: Mayors.

There has been but one office from the beginning of municipal government in Columbus that has not been changed in name or official significance, and that is the office of mayor. These mayors and the years of their incumbency, under both the borough and city government, from 1816 to 1909, have been: Jarvis Pike, 1816-17; John Kerr, 1818-19; Eli C. King, 1820-22; John Laughrey, 1823; William T. Martin, 1824-26; James Robinson, 1827; William Long, 1828-29; Philo H. Olmsted, 1833; John Brooks, 1834-35; Warren Jenkins, 1836-37; Philo H. Olmsted, 1838-39; John G. Miller, 1840-41; Thomas Wood, part of 1841; Abram I. McDowell, 1842; Smithson E. Wright, 1843-44; Alexander Patton, 1845; A. S. Decker, 1846; Alexander Patton, 1847-49; Lorenzo English, 1850-60; Wray Thomas, 1861-64; James G. Bull, 1865-68; George W. Meeker, 1869-70; James G. Bull, 1871-74; John H. Heitmann, 1875-78; G. G. Collins, 1879-80; George S. Peters, 1881-82; Charles C. Walcutt, 1883-86; Philip H. Brack, 1887-90; George J. Karb, 1891-94; Cotton H. Allen, 1895-96; Samuel L. Black, 1897-98; Samuel. J. Swartz, 1899-1900; John N. Hinkle, 1901-02; Robert H. Jeffrey, 1903-05; DeWitt C. Badger, 1906-07; Charles A. Bond, 1908-09.

Other City Officers.

In 1834 the other city officers were: Marshal, corresponding with the present superintendent of police; surveyor, corresponding with the present city civil engineer; recorder, eventually changed to city clerk. The office of city treasurer came over from the borough government and continued to April 29, 1862, when the office was abolished and its duties assigned to the county treasurer. In recent years the office of city treasurer was revived, which will account for the apparent break in the office. The office of city auditor is also of recent date. The office of city solicitor was created in 1852. The office of chief of the fire department was created in 1860. City surveyor was changed to civil engineer in 1857. The office of marshal was abolished in 1873 and the office of superintendent of police was substituted for it; so that the principal city officers were mayor, city solicitor, city clerk, city treasurer, city engineer, police judge, chief of fire department, superintendent of police and city auditor, and under these titles the incumbents since 1834, when the city government was organized, and the official cognates prior to 1850 will be classified, both for convenience and for the purpose of furnishing an intelligible idea of the duties performed by each.

City Solicitor.

James L. Bates, 1850-52, when he resigned; Emory Butler, part of 1852 and part of 1853, when he resigned; James A. Wilcox, 1854-60: Francis Collins, 1861-62; Hawley J. Wylie, 1863-66; Edward F. Bingham. 1867-70; Francis Collins, 1871-72; G. G. Collins, 1873-74; J. W. Quinn, 1875-76; E. P. Sharp, 1877-78; Alexander W. Krumm, 1879-81; Charles T. Clark, 1883-85; James Caren, 1885-89; Paul Jones, 1889-93; Gilbert H. Barger, 1893-97; Selwin N. Owen, 1897-99; Ira H. Cram, 1899-1901; Luke G. Byrne, 1901-03; George D. Jones, part of 1903; James M. Butler, 1903-05; George S. Marshall, 1905-08. incumbent.

Recorder.

The duties of city recorder and city clerk are similar. The "recorders" extended from 1816 to 1840. The office has since been titled city clerk.

The incumbents have been: Robert W. McCoy, 1816-17; James B. Gardiner, 1818; Ralph Osborn, 1819; John Kerr, 1820-22; William T. Martin, 1823; William Long, 1824-27; Lincoln Goodale, 1828-30; Nathaniel McLean, 1831: Ralph Osborn, 1832; John Patterson, 1833; William T. Martin, 1834-38; William Miner. 1839-42; Joseph Ridgway, Jr., 1843-49. The office ceased and determined at the close of the year 1849 and the duties of the recorder devolved upon the city clerk.

City Clerk.

Office was created in 1840. The incumbents have been: Benjamin F. Martin, 1840-56; Joseph Dowdall, 1857-60; J. J. Funston, 1861-63 Joseph Dowdall, 1864-65; Levi E. Wilson, 1866-73; Frank Wilson, 1874-78; H. E. Bryan, 1879-90; John M. Doane, 1890-98 (resigned); John T. Barr, 1898-1908 (incumbent).

Treasurers.

Robert Armstrong, 1816-17; Christian Heyl, 1818-27; Robert W. McCoy, 1828-33; William Long, 1834-35; Jonathan Neereamer, 1836-37; John Greenwood, 1838-42; William Armstrong, 1843-61; T. P. Martin, 1862. Office abolished April 29, 1862. Duties transferred to county treasurer. Office re-created in May, 1903. William C. Cussins, 1903-05; Charles H. Smith, 1906-08 (incumbent).

City Engineer.

The pioneer name for this office was surveyor. The incumbents have been: John Kerr, 1816-19; Jeremiah McLene, 1820; John Kerr, 1821-22; Jeremiah McLene, 1823-30; Joseph Ridgway, Jr., 1831; Byron Kilbourne, 1832-33; C. R, Prezriminsky, 1834; J. A. Lapham, 1835; Nathaniel Medbery, 1836; John Field, 1837; Uriah Lathrop, 1838-40; N. B. Kelley, 1841-43; Uriah Lathrop, 1844-56. Changed to city engineer in 1857. Phil D. Fisher, 1857-65; W. W. Pollard, 1866; H. W. Jaeger, 1867-68; B. F. Bowen, 1869-71; John Graham, 1872-73; Josiah Kinnear, 1874-77; T. N. Gulick, 1879; John Graham, 1880-87; R, R. Marble, 1887-89; Josiah Kinnear, 1889-97; Julian Griggs, 1897-1906; Henry Maetzel, 1908-08 (incumbent).