Fort Wayne (Ind.).

Annual message of ... , mayor of Fort Wayne, Ind. with annual reports of heads of departments of the city government for the fiscal year ending .. (Volume yr.1895) online

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Fort Wayne (Ind-)
Annual message of , - - ,
mayor of Fort Wayne, Ind



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MAYOR OF FORT WAYNE,



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1895.



fort lUayne €itv Government

1895.



Chauncey B. Oakley, Mayor.

William T. Jeffries, Clerk.

James H. Simonson, Comptroller.

John M. Evans Deputy Comptroller.

B. F. NiNDE, City Attorney.

F. M. Randall, City Civil Engineer.

James Ligget, Superintendent of Police.

William Borgman Captain of Police.

Henry Lapp, Lieutenant of Police.

Fred Dassler Sergeant of Police.

Frank Jewell, Sergeant of Police.

Henry Hilbrecht, Chief of Fire Department.

C. A. DoswELL, .Superintendent of Parks.

Nelson Thompson, Street Superintendent.

James Brice, Foreman Street Repairs.

L. C. HoLLENBACHER, Weighmaster.

William Ropa, Market Master.

W. H. Brown, Pound Master.

trustees of water works.

Charles McCulloch, Henry C. Graffe,

Wm. Bittler.

P. J. McDonald, Clerk.

TRUSTEES OF PUBLIC SCHOOLS.

Oliver P. Morgan, Samuel M. Foster,

Andrew E. Hoffman.

John S. Irwin, Superintendent of Schools.



members of Common Council.



COUNCILMEN AT LARGE.

R. J. Fisher. Charles Griebel. E. H. McDonald.

John Mohr, Jr. Charles Waltemath.



WARD COUNCILMEN.



I.


W. H. Tigar,


6.


W. M. Glenn,


2.


H. G. Sommers,


/•


P. J. SCHEID,


3-


G. H. Loesch,


8.


Paul E. Wolf,


4-


A. Kelker,


9-


John T. Young,


5-


H IIiLD,


10.


B. BORKENSTEII



STANDING COMMITTEES OF COMMON COUNCIL.

Finance. — Wolf, Loesch, Hild, Fisher, Mohr, Jr.

Rules, Regulations and Ordinances. — Loesch, Kelker, Wal-
temath.

Judiciary. — Kelker, Scheid, Waltemath.

Printing. — Hild, Young, Sommers.

Elections. — Young, Hild, Griebel.

Contracts and Franchises. — Glenn, Wolf, Young, McDonald,
Scheid.

Fees and Salaries. — Mohr, Tigar, Glenn.

Street Lights. — Griebel, Borkenstein, Glenn,

Education. — McDonald, Tigar, Loesch.

Streets and Alleys.— Fisher, Young, Waltemath.

Water Works. — Scheid, Tigar, Glenn.

Parks. — Kelker, Sommers, Scheid.

Public Health. — I>oesch, Sommers, Waltemath.

Public Property. — Fisher, Young, Wolf.



Department of Hdministration.



DEPARTMENT OF FINANCE.

Jas. H. Simonson, .... Comptroller.

John M. Evans, . . . Deputy Comptroller.

DEPARTMENT OF LAW.

Benj. F. Ninde, , . . City Attorney.

BOARD OF PUBLIC WORKS.

Thos. DeVilbiss, Chairman.

VV. H. McClelland,

Henry A. Read.

BOARD OF PUBLIC SAFETY.

Chas. S. Bash, Chairman.

Rudolph Steger,

RuDOLPHus B. Rossi NGTON.

BOARD OF PUBLIC HEALTH AND CHARITIES.

Dr. Geo. B. Stemen, Secretary.

Dr. Jacob Hetrick,

Dr. Aaron E. YanBuskirk.



A. J. You, .... Clerk of Official Board.
Jennie McClelland, - . . Assistant Clerk.




*v v\a\4>



Mm% R11SS&(E



Executive Department, )

Office of Mayor, City Hall, -

Fort Wayne, Ind., January i, 1896. )

Gentlemen of the Co/ninon Council:

I have the honor to submit herewith for your consideration
detailed reports made to me by the heads of the city depart-
ments, except that of Assessment and Collection, for the year
ending December 31st, 1895. These reports are too voluminous
for me to review in detail, I thcrerefore request that you will
all carefully examine and consider them for yourselves.

department of -law.

The report of the City Attorney shows the legal status of
the city's business. The bulk of the legal business of the city
is the adjustment of damage suits. The course of the Depart-
ment of Law in adjusting these suits as far as possible by
arbitration outside of the courts, has proven very satisfactory.
The amounts the city has been obliged to pay for damages has
been much less than was formerly the case.

Upon this department rests the responsibility of guarding,
preserving and promoting the healthful legal activity of all
other sub-divisions of the city government. Its importance in
the successful administration of the business affairs of the city
cannot be overestimated. The management of this department
for the past two years has merited the commendation of the
people of Fort Wayne.



Mayor's Message.



DEPARTMENT OF FINANCE.

I am glad to be able to exhibit to your honorable body
such healthy financial conditions as now exist in our municipal
affairs. The clear and elaborate report of the City Comptroller
furnishes a detailed and interesting statement of the financial
transactions of the city for the past year.

This Administration assumed control twent}' months ago
when the city was nearly $15,000 behind in the current expense
account. The condition December 31st, 1895, was that the
floating debt existing when this Administration assumed con-
trol has been paid, and at the end of the fiscal }^ear of 1895,
there was a surplus of nearly $15,000 unexpended balances in
the various departments which has been turned back to the
general fund. The Comptroller's report shows that there was
on January 1st, 1896, $72,979.00 unappropriated funds in the
Treasury. Of this amount I estimate that $40,000 will be re-
quired for current expenditures up to May ist, when the first
installment of taxes for 1895 will be received, which would
show a surplus in the Treasury at that time of $32,979.00. The
question arises, what disposition of this surplus will be for the
best interests of the people? I am of the opinion that the re-
commendation from the City Comptroller which will be sub-
mitted to you this evening for the payment of the mortgage for
$2,000.00 on the Central Engine House, should be paid, there-
by saving the interest. I would also recommend that $1,000
be appropriated for the erection of drinking fountains, and
that from $350 to $400 be appropriated for additional street
lights, for there are four or five locations where they are badly
needed. If these appropriations are made there would still be
$29,579 unappropriated funds in the Treasury. Three wa}'s of
utilizing this fund suggests themselves to me, and I mention
them for vour consideration :



Mayor's Message.



13



1st. This surplus could be turned into the Sinking Fund
and used for the purpose of redeeming maturing bonds. If
that course is pursued it should be inv^estcd in city improve-
ment or other bonds, so interest would be received by the city.

2nd. This surplus could be used as a Sinking Fund for
the purpose of enabling the city to procure its own electric
lighting plant whenever sufficient funds are available for that
purpose. If used in this way it should be invested as stated
above.

3rd. This surplus could also be used for current ex-
penses during the year 1897, thereby enabling the taxes to be
materially reduced. If this disposition is made of the surplus
the tax levy next year could be reduced from $ .95, as it now
is, to $ .75 for the next levy.

Further than this, gentlemen, from a careful investigation
and estimate of our receipts and expenditures for the year 1896,
I am positive that if we confine ourselves to the appropriations
already made for this year, better results will follow on January
1st, 1897. If that is so, and there is no reason why it should
not be, if we follow the course indicated above; one more tax
levy of $ .95, made next September and collected in 1897, will
furnish sufficient money for the city to erect its own electric
lighting plant and have it ready for operation by the time the
present contract for street lighting expires. The three proposi-
tions are these:

1st. Place the surplus in a Sinking Fund for the redemp-
tion of outstanding bonds.

2nd. Devote the surplus to a Sinking Fund for the
erection of an electric lighting plant.

3rd. Use the surplus for current expenses in 1897 ^'""^ ^^~
duce the tax levy.



14 Mayor's Message.



These questions are submitted, gentlemen, for your and
the people's careful consideration, and they are worthy of it.

DEPARTMENT OF PUBLIC WORKS.

The many important official duties assigned to this de-
partment of the city government makes it a popular target for
public criticism. All the official orders of this department are
mandatory, directing something to be done for the betterment
of the city at large, which the individual citizen is unwilling to
do voluntary. This necessarily incurs the displeasure of some.
The result is, the members of the Board of Public Works are
forced to submit with Christian fortitude, to almost daily criti-
cism.

The excellent service rendered by the Board of Public
Works to this cit\' since its organization, fully proves the
wisdom of our law makers, in creating it a separate department
of the cit\' government. The members of this Board are
worthy, competent and faithful servants, earnestly endeavor-
ing to discharge the duties of their office conscientiously. The
present business-like manner of conducting this important
branch of our cit)''s business is a great improvement over the
slip-shod method prevalent in former years. Space
forbids me memtioning in detail the vast amount of work done
by this Board during the past year. A glance, however,
at the annual report it has filed herewith will be sufficient to
convince any one that many permanent improvcmentshavc been
made. A new era of progress and prosperity has dawned upon
the city of P^ort Wayne. The improvement of her streets and
alleys is rapidly transforming her into one of the most at-
tractive and healthful cities of our State.

DEPARTMENT OF PUBLIC SAFETY.

One of the sacred duties of every municipal corporation is
to furnish ample protection to all her citizens and their



Mayor's Message. 15



property at all times. Recognizing this fact, it has been the
earnest desire of the members of the Board of Public Safety to
bring this department up to the highest standard of proficiency
in both its branches. With this end in view appointments to
positions on the police and fire forces have been made with the
greatest care, qualification being the supreme test.

POLICE AND 71RE DEPARTMENTS.

The discipline and efficiency of the Police Department have
been greatly improved during the year and it is probably not
over-stating the case to say that the Department was never
more useful and valuable as an agent for the protection of the
life and property of our citizens than it is to-day.

The Department has not been controlled or handled for
political purposes. No dismissals have been made except for
cause; this policy has taught the whole force that a strict at-
tention to duty and compliance with the rules of the Depart-
ment is expected from each and every member.

The Police force of our city is too small. It is impossible
to obtain the best results with the small force we have. I know of
no city where the force is not much larger than ours.

The Fire force is also in excellent condition, both as re-
gards its equipment and the character of service rendered to
the public. The Chief and his efficient corps of men, by their
faithful devotion to duty, have won for this Department an
enviable reputation for effectiveness, which is the pride of all
good citizens of Fort Wayne.

DEPARTMENT OF PUBLIC HEALTH AND CHARITIES.

Above all other responsibilities in the administration of
municipal government, the duty of properly guarding the
health of its citizens stands paramount. The present Board of
Health of this city is thoroughly impressed with its duties in



i6 Mayor's Message.



this direction. The report of L. Park Drayer, M. D., in charge
of the bacteriological laboratory, fully justifies your action in
establishing the same. The work done in this department of
the ^ioard of Health, is of the highest character, and should be
fostered by every means in our power. It is the imperative
duty of every good citizen in this community, who has any re-
gard for its health, to aid the proper officers in securing the
necessary adjuncts of our city's prosperity. Much has been
accomplished in this direction and I hope for still greater re-
sults during the present year.

There is perhaps not a city in the United States the size of
Fort Wayne that can produce a better health record than the
one I have the honor of transmitting to you herewith, reflect-
ing great credit upon our Board of Health. The paving of
streets and alleys, the building of sewers, the filling up of low
places, the destruction of growing weeds, the prompt removal
of all garbage, and an abundant supply of pure wholesome
water, is the secret of promoting and maintaining the health of
any municipality.

DEPARTMENT OF WATER WORKS.

This Department is still pursuing their experiments in re-
gard to procuring additional water supply. The measures of
their success, I fear, is not of such a character as to warrant
the people in coming to the conclusion that no anxiety need
be felt in regard to the water supply for our city. The present
supply is not equal to our needs at all seasons of the }'ear.
This subject is one which should receive careful consideration
by the people. I consider it the most vital question that will
confront them, until it is finally settled.

DEPARTMENT OF EDUCATION.

The .Superintendent submits the annual report of the pub-
lic schools. It is not necessary to repeat what has been said



Mayor's Message.



many times heretofore concerning the general prosperity of
the schools. This is recognizfed and accepted generally by
their advocates and patrons.

The system of public instruction of a great city is a matter
of the greatest moment. It deserves, and should receive, the
careful consideration and support of the citizens and the
governing powers. Among the various interests of a muni-
cipalit)- the Educational Department should stand second to
none. Its value, its far reaching influence in providing for all
the essential demands of elementary and liberal education of
social life, citizenship and sound prosperity, in all its business
and professional avocations, give it a claim to the highest
consideration.

Fort Wa}'ne deserves commendation for its liberality and
faithful attention to its schools. The strong and intelligent
public sentiment of the people in favor of a practical, compre-
hensive and thorough education of the children is highly en-
couraging and certainly promises much for the future of our
city.

C. B. Oakley, Mayor.



Symtt'ltmrnt m Law,



1895.



iEmCTMiWf m LAM,



SECOND ANNUAL REPORT

OB'

BENJ. F. NINDE,

CITY ATTORNEY,

FOR THE

Fiscal Year Ending December 31st, 1895.



c



Report or the €lty JIttorney.



Office of the City Attorney, )
Fort Wayne, Ind., January i, 1896. |'

To the Hon. C. B. Oakley, Mayor of the City of Fort JVayne:

Dear Sir : — I herewith submit for your consideration a re-
port of the business conducted in the Department of Law for
the year bei^inning- January 1st, 1895, ^"^^ ending December
31st, 1895. The following- is a list of judgments, including costs
obtained against the city in the courts of Allen Count}'. Also
cases affirmed b}' the Supreme Court against the city and state-
ment of incidental expenses of Department of Law, during
said fiscal \'ear, all of which have been paid in full :

JUDGMENTS, compromises AND COSTS.

Elijah Lemay vs. City $1,122.65

Sophia W'altemath vs. City 1,967.40

Herman Durnell i>s. Cit\- 1,555.16

Frederick Wehniert z's. City 106.40

ILarrict Wehniert z's. City 244.38

Charles Upleggcr vs. Cit\' 221.60

Nellie leaker vs. City 419-55

Mary l^'arnan vs. Cit}' 387-75

Elizabeth Porter I's. City 30.00

Total $6,054.89



CiTV Atiorxev's Report. 23

OTHER APPROPRIATION'S.

Assistant Counsel, "Baker vs. Cit\-." $ lOO.OO

F. Gruninion claim 20.00

Costs "Ross x's. Cit\'" I 58.25

Old taxes due on cit\- propert}' 363.59

Incidental expenses Dep't of Law 246.55

Total disbursements made b}- Dep't of Law

on Appro. Accounts $6,943.28

Disbursed by Dep't of Law on account of

Hamilton Judi^mient, ( special acct. ) 48.30

Total disbursements of Dep't of Law for the

year 1895 $6,991.58

BRIEF HISTORY OF THE ABOVE ENTITLED C.\SES.

Elijah Lema}' 7^s. Cit\' of Fort Wayne.

The plaintiff in the above entitled cause brous^ht suit
against the city for five thousand dollars ($5,000) damai^es, for
the death of his wife, caused b\- injuries sustained b)- her on
the day Rint^lini^ Brothers were exhibiting their show in the
the cit}-, a horse on Fast Cokmibia street having become
frightened at the elephants and other animals during the
parade. This case was settled for ele\en hundred dollars

($1,100.00).

Sophia Waltemath 7's. City of Fort Wayne.

The plaintiff in the abo\e entitled cause brought suit
against the city for ten thousand dollars ($10,000.00) damages,
for personal injuries sustained b)^ her by reason of a dead horse
being permitted to lay at the side of the road on Lake Avenue,
on the I2th day of March, 1892. This case was tried b>- Jur}-
in the Circuit Court and final judgment of eighteen hundred
dollars ($1,800.00) was rendered against the city.



24 CiTV Attorney's Report.

Herman Duniell vs. City of Fort Wayne.

The plaintiff in this case brought suit against the cit}- for
five thousand dollars ($5,000.00) damages, for injuries sustained
by him by reason of the slippery and uneven condition of the
sidewalk on Clinton street, between Jefferson and Lewis streets.
A judgment of nine hundred dollars ($900) was obtained
against the city in the lower court. The city appealed the case
to the Appellate Court, and during the month of November,
1895, the judgment of the lower court was affirmed by the Ap-
pellate Court.

Frederick Wehniert 7^s-. City of Fort Wayne.

The plaintiff in this case brought suit against the city for
five thousand dollars ($5,000.00) damages, for injuries sustained
by his wife on the day Ringling Brothers were exhibiting their
show in this city, during the month of May, 1895. This case
was compromised for one hundred dollars ($100) and a judg-
ment for that amount rendered against the city in the Superior
Court of Allen County, Ind.

Harriet Wehniert 7's. City of Fort Wayne.

The plaintiff in the above entitled cause brought suit against
the city for five thousand dollars ($5,000.00) damages for injur-
ies sustained by her on the day Ringling Brothers were exhib-
iting their show in the city, during the month of May, 1895.
This case was compromised for two hundred and thirt}'-three
dollars and thirty-three cents ($233.33.) ^^ judgment being
rendered against the city for that amount in the Superior Court
of Allen County.

Charles Uplegger 7>s. City of Fort Wa)Mie.

This i)laintiff brought suit against the cit\' for five thou-
sand dollars ($5,000.00) damages for injuries sustained b\^ him
by reason of the slipper}' and uneven condition of the sidewalk



City Attorney's Report.



on the west side of Calhoun street, between Columbia and
Main streets. This case was settled for two hundred dollars
($200.00), a judgment for that amount having been rendered
against the city in the Superior Court of Allen Count}'.

Nellie Baker vs. City of Fort Wayne.

The plaintiff in this case brought suit against the city for
five thousand dollars ($5,000.00) damages for personal injuries
sustained by her on account of going over the embankment of
the river along St. Joe Boulevard, it being claimed by plaintiff
that the city allowed said Boulevard to remain in an unsafe
condition, there being no barriers along the road to prevent
persons traveling thereon from going over the embankment
into the river. The case was settled for three hundred and
seventy-five dollars {S375.00), a judgment having been render-
ed for that amount against the cit}- in the Allen Circuit Court.

Mary Farnan vs. City of Fort Wayne.

The plaintiff in this case brought suit against the cit\^ for
five thousand dollars ($5,000.00) damages for personal injuries
received by her by reason of the defective condition of the
sidewalk on the north side of Hayden street, between Harmer
and Francis streets. The case was tried in the .Superior Court
of Allen County, during the month of .September, 1894, and a
judgment rendered against the cit}' for two hundred dollars
($200.00). The case was appealed to the Appellate Court and
the judgment of the lower Court was finally af^rmed during
the month of September, 1895.

A BRIEF history OF THE CASES NOW PENDING IN WHICH THE
CITY IS INTERESTED.

Elizabeth Jewell vs. City of Fort Wayne.
Mrs. Jewell brought suit against the city for five thousand
dollars ($5,000.00) damages for personal injuries received by



26 City Attorney's Report.

her by falling on the sidewalk on the south side of Main street,
between Griffith and Fulton streets, it being claimed by her
that said sidevYalk about fifty feet west of Griffith was in an un-
even and dangerous condition, such defects in said sidewalk
having caused her injury. This case is now pending in the
Allen Circuit Court, demurrer having been filed and the exam-
ination of plaintiff having been taken.

City of Fort Wayne 7'S. William Doehrman.

The plaintiff brought this suit to recover fourteen hundred
dollars (Si, 400.00) paid by the city in cancellation of a judg-
ment obtained against it by one, I^arnett, Mr. Barnett about
three years ago having fallen on a defective grate in front of the
property of Mr. Doehrman. and as a result obtained a judgment
of fourteen hundred dollars against the cit}'. This case is now
pending in the ^Mlen Circuit Court, answers having been filed.
The case awaits trial.

Ellen Dcvaux, b\^ next friend, E. V. Emerick vs. City of
F'ort Wa}-ne.

The plaintiff in this case brought suit against the city for
five thousand dollars ($5,000.00) damages for injuries sustain-
ed on the da\' Ringling Brothers were exhibiting their show in
the cit\^ during the month of May, 1S95. This case is pending
in the Allen Circuit Court, no action having been taken since
the suit was instituted.

Seymour G. .Smith t's. City of Fort Wayne.

The plaintiff in this case brought suit against the city to re-
cover nine thousand dollars ($9,000.00) under the contract for
the erection of a crematory. The cremator)' failed to meet the
requirements and conditions under which it was to be erected;
therefore, the Board of Public Works of the City of Fort
Wayne refused to accept the same. The case is now pending



City Attorney's Report.



in the United States Court for the District of Indiana, answer
of three paragraphs having been filed by the city.

Volney Parks vs. City of Fort Wayne.

The Board of Public Works began proceedings to open
the alley between Winter and Lillie streets, from Hayden street
to the first alley north of Lewis street. The plaintiff in the
above case remonstrated against the assessment of benefits and
damages made by the Board and finally took an appeal to the
Allen Circuit Court, where the case is now pending.

Ross vs. City of Fort Wayne.

The United States Circuit Court for the District of Indiana.

Bragg Patent case begun in April, 1892, by I. C. Walker of
Indianapolis, and continued since November, 1892, b)^ (). ^I.
Ross, of Logansport, as trustee for the syndicate who bought
that and other patents for speculative purposes, has been thus
far a contest over legal questions of practice to determine
whether the city has the right to a common law trial by jurx',
or must make its defense on the merits before the court. The
question was raised by demurrer and decided favorably and
iudgment in the city's favor for costs rendered by Judge Baker.
An appeal to the United States Circuit Court of Appeals was
taken by Ross and after vigorous contest the judgment was re-
versed and a petition for rehearing has been overruled so that
the case is ready to be recommitted to Judge Baker for making
up the issues and trial on the merits.

The city has filed its answer and the plaintiff has filed his
reply thereto. The case is still pending in said court, there
seeming to be no disposition on the part of the plaintiff to push
the same to judgment.

A brief history of the cases disposed of during the year
189^, there being no judgment obtained against the city:



28 City Attorney's Report.

J. H. Bass vs. Seymour G. Smith and the City of Fort
Wayne.

The plaintiff brought suit against the city and said Smith
to recover for material furnished in the erection of a cremator}'
for disposal of garbage. The city filed an answer of disclaimer
and the court rendered judgment in full for Bass against Smith


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Online LibraryFort Wayne (Ind.)Annual message of ... , mayor of Fort Wayne, Ind. with annual reports of heads of departments of the city government for the fiscal year ending .. (Volume yr.1895) → online text (page 1 of 15)