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been kept in mind : Firslj the strengthening and completion
of the University Museum collections ; and second^ the secur-
ing of unusually valuable and well - prepared specimens.
The last collection obtained was purchased from one of the
naturalists of the Chicago Academy of Science, and was
selected from the collections secured by many expeditions
to various parts of the world. It possesses unusual scien-
tific value and is composed of well-prepared specimens in a
perfect state of preservation.

Herewith I transmit the reports of the Director of the
Observatory and the Deans of the Medical and Law Schools.
Respectfully submitted,



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1466 Report of the President


Cincinnati, December 12, 1901.

Howard Ayers, LL. D.,

President of the Universify of Cincinnati :

Sir, — I have the honor to submit my report as Director
of the Cincinnati Observatory for the year ending December
31, 1901.

Owing to the resignation of Mr. E. I. Yowell on February
ist, the meridian - circle work has suffered considerably.
During December and January Mr. Yowell observed 754
stars. On June ist Mr. D. T. Wilson was appointed to the
position of assistant. He was immediately assigned to the
meridian circle, and for six months, up to December ist,
reports observations of 1,602 stars. .This makes in all 2,356
observations for the year. In the interim I made a few
daylight observations for time only, my nights being other-
wise employed.

The latitude observations for the International Geodetic
Association were carried on regularly throughout the >-ear
by myself; 3,352 stars were secured, distributed over 125
nights, thus making considerably better showing than the
previous year. The greatest number observed in a single
month was 350 in July, and the least 208 in March.

The investigation of the motion of the solar system has
been continued, and a preliminary account published in the

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University of Cincinnati 1467

Astronomical Journal. The loss of Mr. YowelPs valuable
assistance has rendered it impossible to make as rapid pro-
gress as I would like. The approaching completion of the
observations for the new catalogue of stars, and the necessity
of computing the precessions and preparing it for the press,
will postpone this investigation still further.

Instruction was given in descriptive astronomy at the
University last spring to a class of seventy-nine. Mr. Wilson,
commencing last September, has given instruction in spherical
and practical astronomy to a class of four.

The Observatory has been open to the public as usual
twelve evenings in each month. During the greater portion
of the year Mr. John J. Porter took charge of visitors.

The accession catalogue shows ii8 additions to the library
during the year. All of these were donated in exchange for
our own publications.

Respectfully submitted,


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1468 Report of the President


Cincinnati, December lo, 1901.
Howard Ayers, LL. D.,

President of the University of Cincinnati :

Sir, — As Dean of the Medical Department of the Uni-
versity of Cincinnati I have the honor to submit the report
of that depa^ment for the year ending December 31, 1901.

On the seventh day of May last the degree of Doctor of
Medicine was conferred upon sixty men.

The number of students in attendance upon the present
session is 178 — 48 Seniors, 56 Juniors, 41 Sophomores, and
33 Freshmen. It will be noticed that the number of Fresh-
men is slightly in excess of that of the preceding }*ear.
Several changes have been made in the faculty. The chair
left vacant by Professor Whittaker's death (that of Theory
and Practice of Medicine) was filled by the appointment d
Prof. F. Forchheimer, who had most satisfactorily discharged
the duties of the position during Prof. Whittaker's illness.

Prof. B. K. Rachford was transferred to the chair of Dis-
eases of Children, and Prof. A. C. Poole to that of Materia
Medica and Therapeutics.

Dr. H. J. Whitacre was appointed to the chair of Pathol-
ogy, made vacant by the resignation of Prof. D. J. Wolfstein.
Dr. Wm. Miihlberg was appointed Professor of Physiolop,
having during the previous session filled the position of

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University of Cincinnati 1469

Demonstrator of Physiology to the entire satisfaction of the
faculty. During the year much improvement has been made
in the various laboratories, both as respects the facilities for
teaching and the apparatus employed.

A second year's experience has more clearly demonstrated
the value of the subdepartment of Comparative Anatomy.

As in years past, we have been under great obligations to
the C. Moerlein Brewing Company for their gratuitous aid
in keeping up our cold-storage plant, thus enabling us to fur-
nish in full amount the material required by the Anatomical
Department. Through the Ohio Maternity Hospital, the
Obstetrical Department has been able to give all required
practical midwifery instruction.

The Dispensary Clinics have as usual been carried on
during the entire year with an average daily attendance of
about one hundred patients.

That it may be properly housed and cared for, we would
respectfully request that the large and valuable medical
library donated by the late Prof. Whittaker may be given
space in the Van Wormer Library Building.

Very respectfully,


Dean of the Medical Department,

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1470 Report of the President


Cincinnati, December i6, 1901.

Howard Ayers, LL. D.,

President of the Unwersiiy of Cincinnati:

Sir, — I beg to advise you that as Dean of the Law De-
partment I have collected from tuition fees, from October i
to November 19, 1901, inclusive, $5,255, and I accompany
this letter with an itemized list showing the students who
have paid, together with the dates and amounts. I have
deposited this amount in the city treasury, and the Clerk
of the University Board has a duplicate receipt therefor.

I also inclose a statement of the disbursements made by
me on account of a^d for the benefit of the Law Department,
for which I respectfully request the Board will allow me a
voucher for the full amount of $663 . 33,. I accompany this
request with an itemized list of expenditures, together with
the vouchers. I have prepared a voucher for this amount \Q
be allowed me, and inclose it herewith.

I have also to request the allowance of compensation to
three of the Instructors in the Law Department for instruc-
tions of one third of the school -year at the rate of $250
a year per hour per week of instructions ; and to another
Instructor, Mr. Charles M. Hepburn, who by an arrangement
with Eldon R. James, also an Instructor, was able to com-
plete his year's work, I respectfully request the allowance

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University of Cincinnati 1471

of compensation due him for the whole school -year. Mr.
James will begin his course of instructions when the school
opens again in January, 1902.

The names of the Instructors and the amounts due them
are as follows :

Francis B. James, one hour, one third of the year 83 33

Edward Barton, two hours, ** " 166 66

Robert Pugh, •* *• *• 166 66

Chas. M. Hepburn, school-year 1901-1902 499 9S

Total •. $916 63

I have prepared vouchers for these amounts and inclose
the same.

Very respectfully yours,



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1472 Appendix


Benefactors of the- University of Cincinnati.


Charles McMickeii, who died in 1858, bequeathed to the city property
worth over $1,000,000 to found an institution of learning in which students
should *' receive the benefit of a sound, thorough, and practical English
education, and such as might fit them for the active duties of life, as well
as instruction in the higher branches of knowledge, except denominational
theology, to the extent that the same are now or may hereafter be taught
in any of the secular colleges or universities of the highest grade in the
country." A l^rge portion of this bequest, consisting of land valued at
nearly $500,000, and located in Louisiana, was entirely lost in i860 by a
decision of the Supreme Court of that state annulling that part of his
devise, at the instance of one or more of his heirs at law. The court
refused to recognize the validity of bequests of real estate to institutions
not situated within its borders. The present value of this endowment is
estimated at $700,000.


In the year 1872 John Kilgour gave to the city for the use of the Uni-
versity four acres of ground on Mt Lookout, valued at $10,000, and the
sum of $10,000 on condition that the Observatory Building be erected
on the ground. Afterwards Mr. Kilgour gave $10,000 additional for a


The Astronomical Society donated its instruments and books, valued at
$8,000, to the city, on condition that an Observatory should be maintained.


In the year 1873 Julius Dexter gave $1,000 as an endowment for the
Observatory, the interest to be used for its support


During his life Joseph Longworth, at different times, gave to the city
for the support of the School of Design of the University of Cincinnati

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University of Cincinnati 1473

the sum of $100,000. In the year 1883 he desired that the School of Design
should be surrendered to the management of the Museum Association,
and proposed, if this were done, to endow it with perpetual ground-rents
of the market-value of $250,000. After mature deliberation the University
Directors accepted his proposition, and in February, 1884, the School of
Design passed under the management of the Cincinnati Museum Asso-


In the year 1875 Professor S. Lilienthal, of New York City, in memory
of his son, a talented mining engineer, donated a valuable collection
of minerals, with the inscription " Donated by Benjamin Lilienthal."


In the year 1881 Mrs. Nancy Fechheimer, of this city, donated a valu-
able geological and mineralogical collection, in memory of her husband,
Marcus Fechheimer.


The late Rev. Samuel J. Browne, in his last will, bequeathed $150,000 to
establish a university. His will was set aside. His heii^s, by an agreement,
gave $1,000 to the Cincinnati Orphan Asylum and $1,000 to the Widows*
Home. From a certain amount of property donated for educational pur-
poses the Lane Theological Seminary received one third' and the University
two thirds for its support, to be known, according to agreement, as the
•* Browne Endowment Fund." At present the board holds, invested in
bonds, the sum of $18,150 and uninvested the sum of $1,973.68. The entire
proceeds that may be received from the sale of lots are to be kept intact,
the interest only to be expended for the support of the University.


Matthew Thoms, who died in 1890, bequeathed to the University of
Cincinnati property the estimated value of which is $130,000. The lieirs
proceeded to test the validity of the will. A compromise was agreed upon,
by which the heirs received $20,000 in money.


In 189 1 A. G. Wetherby, formerly professor of Natural History in the
University, gave a collection of specimens, valued from $2,000 to $4,000,
in Natural History and Mineralogy.


In 1892 Frank J. Jones founded a prize, consisting of forty dollars, to
be awarded annually to that member of the Senior Class who shall write
and pronounce an English oration in the best manner. In lieu of the gift
of Frank J. Jones, in 1901 the balance of the fund given in 1892 will be
used for instruction in oratory.

In 1901 Frank J. Jones gave the University of Cincinnati a piece of
property th*e income from which is to be known as the Jones Oratorical

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1474 Appendix

Prize Fund, and sixty dollars is to be awarded annually as follows: Forty
dollars to that member of the Senior Class who shall write and pronoance
an English oration in the best manner ; twenty dollars to that member
of the Senior Class who shall write and pronounce the second best
English oration.


In 1894 the late Laura Seasongood, in her last will, bequeathed to the
University of Cincinnati $800. The aforesaid legacy, less thirty dollars
collateral inheritance tax, has been paid to the University of Cincinnati
by the executors of the estate of Laura Season good, Messrs. A. J. Season-
good and Sigmar Stark ; the interest thereof to be used for library pur-
poses — i, e.<t there is to be established " The Laura Seasongood Alcove, "
for which books are to be purchased with aforesaid interest-


In the year 1895 Henry Hanna donated for the building of Hanna Hall,
or north wing of the University Building in Burnet- Woods Park, the sum
of $49,091.07, and in 1896 he donated an additional sum of $20,000 for
fitting and furnishing the building.


In the year 1897 Christian Moerlein donated $1,000 for equipping the
Department of Physics.


In the year 1898 Briggs S. Cunningham donated for the building and
equipment of Cunningham Hall, or south wing of the University Building
in Burnet- Woods Park, the sum of $60,000.


In the year 1898 Asa Van Wormer donated for the building of the
Van Wormer Library 1,000 shares of stock in the Cincinnati Street Rail-
way Company, par value $50,000.


In the year 1898 W. A. Procter donated the Robert Clarke Library,
estimated at $50,000.

In the year 1900 he donated the Enoch T. Carson Shakespeare Collec-
tion and his library of books on the drama; also Professor Thos. H.
Norton's valuable collection of chemical periodicals and general works
on chemistry.


In the year 1898 Lewis Seasongood donated $500 to the Latin Depart-
ment for the purpose of equipping an alcove in the library with the latest
Latin and Semitic works.

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University of Cincinnati



In the year 1898 Charles F. Windisch donated a unique and extensive
coUection of five hundred micro-photographs of snow crystals.


In the year 1899 David Sin ton donated $100,000 upon the expressed
condition and agreement that the net revenue or income derived there-
from shall be expended, within the discretion of the Board of Directors
in maintaining the Academic Department of the University.


In the year 1899 the Endowment Fund Association established the
Cornelius George Comegys Scholarship with a fifty-dollar stipend.



University of the State of New York

O. P. Schmidt

M. Savage


Carroll D. Wright

U. S. Department of Agriculture . .
Interstate Commerce Commission. .

Railway Statistics

Railroad Commissioners

Ahierican Book Company

Ginn & Co

Heath t& Co

Macmillan & Co

Scribner's Sons

Clarendon Press

Public Library of Cincinnati

Merchants* Ass'n of New York. . . .

H. H. Hanna

Henry Sheldon

Proceedings of National Convention.
Text-book Collection

John B. Peaslee.

Dr. H. Ayers


Wm. A. Procter

Dr. SafTord

Dr. Hicks

Mrs. John A. Murphy

Public Library of Cincinnati ,


Chronological History of Egypt..

Religious Reconstruction

Facing the Twentieth Century . .
Fourteenth Annual Report of Labor
Year-book, 1899

Bulletins .

Report of Monetary Commission . . .

Fortnightly Review

Nineteenth Century

Contemporary Review

Experiences In and Out of School..
Biographical Catalogue of Zeta Psi.,

Jeffersonian Cyclopedia


Geological Survey

T. H. Norton Collection

159 boxes containing Author Cata-
logue of Public Library



















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1476 Appendix


Valuable donations of books were made by Eugene F. Bliss, Judge
Moses F. Wilson, Dr. A. I. Carson, E. K. Stallo, Esq., Gen. B. IL Cowcn,
Mrs. Alphonso Taft, Rev. George A. Thayer, Mrs. John A, Cranch of
Urbana (O.), Dr. O. Everts, Jones Brothers Publishing Company, James
Guthrie, S. P. Bishop, Julius Dexter, Prof. W. O. Sproull, the United States
Government, Sarah Gray, C. H Harrison, New Hampshire State Library,
New York State Library, West Point Academy, William S. and Abbie Hey-
ward, John Crerar Library, Bowdoin Library, Jane Dodd, Emily Poole.
Meadville Theological School, Text -book Association of Philadelphia,
Dr. H. Ayers, Phi Gamma Delta, A. G. Mpses, Dr. G. Wakeman, Dr. E
Safford, B. Ehrman, Conway McMillan, Ernst Richter, Ginn & Co., Heath
& Co., Macmillan & Co., Scribners, and American Book Concern.

A donation of a fine model stamp machine for crushing gold-bearing
quartz, made by the Lane & Bodley Co.

A donation of a twenty horse-p)ower Westinghouse gas engine, made
by the Cincinnati Gas Light and Coke Company.

Mr. C. T. Webber donated a fine portrait in oil of the poet Joaquin

Rev. P. Robertson donated a fine portrait of the poet Bums.

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Corporatloii ^untel :




Title BjouBlner :


Chief Qerk :


SteBOf rapber :


MMfenger :


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Report of the Corporation Counsel

Office of the Corporation Counsel, }
April i, 1902. S

To the Honorable the Board of Legislation of the City of Cincinnati:

Gentlemen, —

The Department of the Corporation Counsel,
as shown in the appended tables, has not been idle during
the year ending December 31, 1901. The office dockets
have been compared with the dockets in the County Clerk's
oflfice, and it is believed that at last a complete and accurate
list has been obtained of all pending cases in which the city
is a party.

Although two hundred and eighty-three cases have been
filed during the past year in which the city was a party, a
final disposition of thre^ hundred and nine cases during the
year reduced the number of pending cases from five hundred
and eighty-five to five hundred and fifty-nine.

The litigation referred to in my last report, and resulting
from the competition of the various electric-light companies
between themselves and with the Cincinnati Gas Light and
Coke Company, although not entirely eliminated from the
docket by the necessary entries, has been practically disposed
of by the consolidation of said companies and the award of
the contract for public lighting during the next ten years to
the Cincinnati Gas and Electric Company.

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1482 Annual Report

When I entered upon the discharge of the duties of Cor-
poration Counsel I found that the city was in arrears many
thousands of dollars for costs in cases in which final judg-
ment had been rendered, a large part of which was for costs
due the Clerk and Sheriff. I have been able, from the Cost
and Fee Fund at my disposal, to pay not only all the current
costs and those assessed against the city in cases in wbich
final judgment has been rendered during my term, but I
have also paid $3,667 . 53 of costs assessed against the cit>'
prior to my term, so that now all the Clerk's and Sheriff's
fees in the Insolvency Court, Probate Court, Superior Court,
and courts other than the Common Pleas Court are fully
paid, and even in the Common Pleas Court a very large per
cent has been paid.

Under the law the Sinking Fund Trustees are required
to pay, upon certificates from this office, after final dispo-
sition of the case by this department, all judgments rendered
against the city except judgments in condemnation proceed-
ings. These judgments include all actions for personal
injuries by reason of defective sidewalks and streets, dam-
ages to property by reason of overflow from negligence in
the care of streets and sewers, and damage claims generally
against the city.

During the past year the Sinking Fund Trustees have
been called upon by this office to pay judgments only to the
extent of $3,169. 29, a very material reduction in the amount
which they have been called upon to pay in preceding years :
such amounts being for 1897, $9,994.28; 1898, $25,581.22;
1899, $12,263.70; 1900, $12,191.39.

The so-called "taxpayers' suits," nominally in the interest
of taxpayers, but in nine cases out of ten really detrimental
to such interest, are still an important feature of the business

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Corporation Counsel 1483

of this department, and so long as the court interprets Sec-
tion 1778 R. S. as requiring them to allow, as part of the
costs to be paid by the city, a liberal counsel fee to plaintiflF's
attorney, regardless of whether or not any actual saving; of
public money is eflFected, there will be no dearth of such suits.

On April 25, 1898, the legislature enacted a law pro-
viding for the appointment of a commission of two members
who were to "prepare a bill for the organization of cities
and villages in Ohio, which plan shall be uniform in its
operation throughout the state, and in which there shall
be a separation of legislative and executive powers of the
officers of municipal corporations."

The commissioners went beyond their instructions, and,
instead of a plan of organization and separation of legislative
and executive powers, prepared an elaborate code, with
features of municipal ownership of public utilities, and a
complicated system of appointments which, although ideal,
has not yet commended itself to practical minds. It pur-
ports to avoid the evils and necessity of so-called "special
legislation'*; but if there is any constitutional infirmity in a
reasonable classification of municipalities by population, or
in legislating for subjects of a general nature in accordance
with such classification, the proposed code is as defective in
principle as our present code, although not to the same
extent, and is as subject to change by each succeeding legis-
lature. Nevertheless, in the pursuit of the ideal, the reali-
zation of which this code seductively promises, its advocates
have unsettled the law of municipal corporations in this
state, as evolved from judicial interpretation during the last
fifty years, so that upon the subject of special legislation we
are betwixt the evils we had and those we know not of,
impotently suffering, however, the effiects of both.

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1484 Annual Report

The Supreme Court of the United States, in eliminating
the dicta of its opinion in the Baker-Norwood case, encour-
ages us in refusing to accept the dicta of our own state courts
until the Supreme Court of the state has again defined the
now obliterated lines between general and special legisla-
tion, in accordance with which such questions may then be
determined by the application of some rule of law and not
individual theory. The many and ingjenious attempts to
apply the decisions and dicta in such cases as Baker r.
Norwood, C. L. & N. Ry. v. City, Longworth v. City, and
City V. Steinkamp to cases now pending, questioning rales
of law and legislative acts under which municipalities have
been governed for forty years or more, can be met by the
city only by refusing to accept as final any adverse decision,
unless it is a decision of the Supreme Court upon the exact
question involved.

The relations of this department with the other depart-
ments of the city have not only been uniformly pleasant, but
mutually cooperative for the purposes of their creation ; and
the efficient cooperation of my assistants and office force and
the l^gal clerks of the several departments, although vary-
ing in degree, has enabled me in part at least to satisfactorily
perform the duties of the office with which I have been

Respectfully submitted,


Corporaiim Cowul

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Corporation Counsel 1485

Moneys Collected and Disbursed.

The following moneys were received by this office during

Online LibraryCincinnati (Ohio)Annual reports of the officers, boards and departments → online text (page 93 of 96)