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INDIANA  IJNivrs'Viy 
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Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/journalofcommonc1926indi 


JOURNAL 

Cl   '  OF  THE 

Common  Council 


OF  THE 

CITY  OF  INDIANAPOLIS,  INDIANA 

— — — \ 

FROM 
January  1,  1926  to  December  31,  1926 


Printed  and  Published  Under  the  Authority  of  the 
Common  Council  of  the  City  of  Indianapolis 


Ca) 


BOYNTON  J.  MOORE,  President. 

WALTER  R.  DORSETT,  President  Pro  Tern. 
WILLIAM  A.  BOYCE,  Jr.,  Clerk. 

MARGARET  J.  RAY,  Secy,  of  Committees. 
EDWARD    WISE,    Sergeant-at-Arms. 


^-J^Ji, 


95444 

C  2- 
CITY   OFFICIALS 

Mayor    JOHN    L.    DUVALL 

Secretary  to  Mayor PEARL  NICHOLS 

City  Clerk  WILLIAM  A.  BOYCE,  Jr. 

Deputy  City  Clerk  __. MARGARET  J.  RAY 


N 

SK 
\ 


DEPARTMENT  OF  FINANCE 

City  Controller  WILLIAM   C.  BUSER 

Deputy   City  Controller CLAUDE   M.   WILSON 

Barrett  Law  Bookkeeper  ORVILLE   R.   SCOTT 

Deputy   Auditor   School   Board ARTHUR    C.    THOMAS 


DEPARTMENT  OF  LAW 

Corporation   Counsel   ALVAH  J.   RUCKER 

City  Attorney   JOHN  K.    RUCKELSHAUS 

Assistant  City  Attorney DONALD  F.  ROBERTS 

Municipal  Court  Deputy _ ARTHUR  M.  DINSMORE 

Claim   Agent   W.    W.    HYDE 

Attorney  for  Park   Board TELFORD   B.    ORBISON 

Attorney   for  Health   Board   CHARLES   MENDENHALL 

Attorney  for  City  Plan  Commission J.  CLYDE  HOFFMAN 

Attorney  for  Sanitary  Board JOSEPH  J.  DANIELS 

Attorney  for  Recreation  Department WM.  T.   QUILLEN 


^ 


DEPARTMENT    OF    CITY    CIVIL    ENGINEER 


,-       City  Civil  Engineer CHESTER   C.   OBERLEAS 

Assistant    City    Engineer ARTHUR    F.    HAUFLER 

Street  Department   Head M.    G.   JOHNSON 

Clerical    Department   Head FRANK    J.    MILHOLLAND 

Sewer  Department   Head    CHAS.    P.    CULLEY 

Flood  Prevention  Department  Head HARVEY  CASSADY 

Inspectors   Department   Head ALBERT   J.    MIDDLETON 

Asphalt    Plant    Head ED    ROCHET 

Chemical   Laboratory   Head C.   H.   UNDERWOOD 

Street    Lighting   Department    Head JAS.    W.    HENSLEY 

Drafting  Department  Head 1__    FRANK  P.  JOYCE 

Track  Elevation  Engineer M.  N.   BEEBEE 

INDIANA  UNIVERSITY 

INDIANAPOLIS  LAW  SCHOOL 

LIBRARY 


City  Officials 


CITY  MARKET 

Market  Master   EARL  S.    GARRETT 

Assistant  Market  Master  CHARLIE  LOHMAN 


POLICE   DEPARTMENT 

Chief  of  Police CLAUDE  F.  JOHNSON 

Chief    of    Detectives    CLAUDE    WORLEY 

Major  of  Police   LEWIS   L.   JOHNSON 

Captain  of  Traffic LESTER  E.  JONES 

Secretary    JOHN    E.    AMBUHL 


FIRE  DEPARTMENT 

Chief  JESSE  A.  HUTSELL 

First   Assistant   Chief   ERNEST    G.    HINCHMAN 

First    Assistant    Chief    ROY    C.    PHILLIPS 

Secretary HERBERT    R.    WALD 


PURCHASING  DEPARTMENT 

Purchasing  Agent  l_  * JOHN  J.   COLLINS 

Assistant  Purchasing  Agent  THURMAN  A.   WASHBURN 

Chief  Clerk   WILLIAM   K.   PENROD 

Inspector JACK  SARGENT 


BUILDING  DEPARTMENT 

Commissioner  of   Buildings  ___._  BERT   J.    WESTOVER 

Assistant    Building    Commissioner  W.    A.    OSBON 


MEMBERS    OF    OFFICIAL    BOARDS 


BOARD  OF  PUBLIC  WORKS 

President   ROY    C.    SHANEBERGER 

L,    H.    TROTTER 
OREN  S.  HACK 
Clerk   WAYNE   EMMELMANN 


BOARD  OF  PUBLIC   SAFETY 
Chairman  O.  D.  HASKETT 

JOHN    A.    GEORGE 

JOHN  W.  FRIDAY 
Executive  Secretary CLAUDE  C.  McCOY 


DEPARTMENT   OF    PUBLIC   HEALTH   AND    CHARITIES 

President DR.  FREDERICK  E.  JACKSON 

Vice-President    DR.   AR'THUR   E.    GUEDEL 

Commissioner   DR.    GOETHE   LINK 

Commissioner   SOL   SCHLOSS 

Secretary DR.  HERMAN  G,  MORGAN 

Chief   Clerk    C.    TOM    JOHNSON 

Superintendent   City   Hospital DR.    CLEON   NAFE 


DEPARTMENT  OF  PUBLIC  PARKS 

President JOHN   E.    MILNOR 

Commissioner FRANK   DRIVER 

Commissioner MARY    E.    HOSS 

Commissioner ADOLPH  G.   EMHARDT 

Superintendent R.   WALTER  JARVIS 

Assistant  Superintendent GEORGE   E.   MORGAN 

Director  of  Recreation JESSE  P.   McCLURE 

Landscape  Architect A.   W.  BRAYTON 

Engineer JAMES  E.  PERRY 

Secretary    __.CLARENCE    MYERS 

Chief  Clerk CHARLES  M.  DAVIDSON 

Auditor CORA  E.  HARTMAN 


STREET  DEPARTMENT 
Street  Commissioner GEORGE  WOODWARD 


STREET  CLEANING  DEPARTMENT 
Inspector       JOHN  B.  SAUTER 


MUNICIPAL  GARAGE 
Superintendent   WM.   J.   HAMILTON 

Assistant  Superintendent E.  RAY  SEIBERT 


Members  of  Official  Boards 


ASSESSMENT  BUREAU 
Chief  Clerk 0.  R.  SCOTT 


PUBLIC  BUILDINGS  DEPARTMENT 

Custodian J.   H.  ABERNATHY 

Police    Station    GEORGE    COX 


DEPARTMENT  OF  WEIGHTS  AND  MEASURES 

Chief   Inspector MAUDE    C.    HOBSON 

Deputy  Inspector FLOYD    NEWHOUSE 

Deputy  Inspector CLARENCE    STEWART 

Deputy  Inspector ROY    E,    SPILLMAN 

Deputy  Inspector  JOHN    E.    BROWN 

Deputy  Inspector ROBERT  H.  HATHAWAY 


CITY  PLAN  COMMISSION 
President GUSTAV  G.  SCHMIDT 

R.  C.  SHANEBERGER 

C.  E.  OBERLEAS 

AUSTIN  H.  TODD 

J.  W.  ATHERTON 

MRS.  LELIA  E.  TAYLOR 

L.  J.  BORINSTEIN 

FRANK  DRIVER 

H.  R.  CAMPBELL 

TOM  DILLON 

Engineer MACKLIN  MACK 

Assistant  Engineer J.  RAY  MONAGHAN 

Secretary   MARIE    VICTOR 


BOARD  OF  ZONING  APPEALS 
President ._.         JAMES  E.  ROCAP 

JACOB  WOLF 

FRANK   DRIVER 

FRED  A.  EVELAND 

R.  C.  SHANEBERGER 
Engineer  MACKLIN  MACK 


MEMBERS  OF  THE  COMMON  COUNCIL 


OFFICERS  OF  THE  COMMON  COUNCIL 

President BOYNTON  J.   MOORE 

President  Pro  Tern. WALTER  R.  DORSETT 

Clerk WILLIAM  A.  BOYCE,  JR. 

Secretary  of  Committees MARGARET  J.  RAY 

Sergeant-at-Arms    EDWARD    WISE 


COUNCILMEN-AT-LARGE 

First  District WALTER  R.  DORSETT 

Second  District    CLAUDE  E.  NEGLEY 

Second  District    ROBERT    E.    SPRINGSTEEN 

Third  District EDWARD   B.   RAUB 

Third  District O.  RAY  ALBERTSON 

Fourth  District    MILLARD  W.  FERGUSON 

Fourth  District AUSTIN  H.  TODD 

Fifth  District OTIS  E.   BARTHOLOMEW 

Sixth  District BOYNTON  J.  MOORE 

Term  of  Office — From  the  first  Monday  in  January,   1926,  to 
the  first  Monday  in  January,  1930. 


STANDING  COMMITTEES 


FINANCE  COMMITTEE 
Messrs.  Albertson,  Dorsett,  Negley,  Todd  and  Bartholomew, 

PUBLIC  WORKS  COMMITTEE 
Messrs.  Dorsett,  Albertson,  Bartholomew,  Todd  and  Negley, 

PUBLIC  SAFETY  COMMITTEE 
Messrs.  Negley,  Bartholomew,  Todd,  Dorsett  and  Ferguson. 

PUBLIC  HEALTH  AND  CHARITIES  COMMITTEE 
Messrs.  Todd,  Bartholomew,  Negley,  Raub  and  Springsteen. 

PARK  COMMITTEE 
Messrs.  Bartholomew,  Dorsett,  Todd,  Negley  and  Albertson. 

LAW  AND  JUDICIARY  COMMITTEE 
Messrs.  Todd,  Bartholomew,  Negley,  Springsteen  and  Raub. 

CITY  WELFARE  COMMITTEE 
Messrs.  Bartholomew,  Todd,  Negley,  Springsteen  and  Raub. 

ATHLETIC  COMMISSION 
Messrs.  Dorsett,  Todd,  Albertson,  Ferguson,  Raub,  Negley  and  Bar- 
tholomew. 


Calendar  of  Sessions  of  the  Common  Council 


Page 

1.  January  4,  1926 Special    1 

2.  January  4,  1926 Regular 5 

3.  January  11,  1926 Special     9 

4.  January  18,  1926 Regular 17 

5.  February  1,  1926 Regular 25 

6.  February  8,  1926 Special     33 

7.  February  15,  1926 Regular 41 

8.  March  1,  1926 Regular 49 

9.  March  4,  1926 Special    57 

10.  March  15,  1926 Regular 69 

11.  April   5,   1926 Regular 81 

12.  April   19,   1926 Regular 97 

13.  May  3,   1926 Regular 109 

14.  May  6,  1926 Special    121 

15.  May  17,   1926 Regular 121 

16.  May  28,   1926 Special    161 

17.  May  29,   1926 Special     169 

18.  June  7,  1926 Regular 173 

19.  June  21,  1926 Regular 185 

20.  July   6,   1926 Regular 197 

21.  July  19,   1926 Regular 229 

22.  August    2,    1926    Regular 245 

23.  August   4,    1926    Special     253 

24.  August    7,    1926    Special     255 

25.  August  16,  1926 Regular 261 

26.  August  18,  1926 Special    277 

27.  August  19,  1926 Special     281 

28.  August  24,  1926 Special     299 

29.  August  26,  1926       Special     305 

30.  September    4,    1926    Regular 319 

31.  September  20,  1926 Regular 351 

32.  October  4,  1926 Regular 363 

33.  October  25,  1926  Regular 375 

34.  November  4,   1926 Regular 387 

35.  November  15,   1926 Regular 407 

36.  November  22.   1926 Special    427 

37.  December   6,    1926 Regular 447 

38.  December  13,  1926 Special     491 

39.  December  13,  1926 Special     493 

40.  December  20,  1926 Regular 515 

41.  December  27,  1926 Special    533 

42.  December  30,  1926 Spo;ial     541 

Number  of  Regular  meetings 24 

Number  of  Special  meetings    18 

Total  number  of  meetings  of  the  Common  Council  in  1926 42 


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JOURNAL  OF  PROCEEDINGS 

OF  THE 

Common  Council 

OF  THE 

City  or  Indianapolis 

IN  MARION  COUNTY,  IN  THE  STATE  OF  INDIANA 


SPECIAL  MEETING 

Monday,  January  4,  1926. 
The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  January  4,  1926,  at  12:00  Noon, 
City  Clerk  William  A.  Boyce,  Jr.,  in  the  chair,  pursuant 
to  the  following  call: 

To  the  Members  of  the   Common   Council   of   the   City    of   Indianapolis, 
Indiana: 

Gentlemen : 

Pursuant  to  the  law  governing  the  organization  of  a  new  Com- 
mon Council  this  letter  will  serve  to  notify  you  officially  that  I  will 
call  the  newly  elected  Common  Council  to  order  in  the  Council 
Chamber  of  the  City  Hall  at  twelve  o'clock  noon,  Monday,  January 
4,  1926,  for  the  purpose  of  electing  presiding  officers  for  the  year 
1926. 

Respectfully, 

WILLIAM  A.  BOYCE,  JR., 

City  Clerk. 

William  A.  Boyce,  Jr.,  City  Clerk,  called  the  Council 
to  order  pursuant  to  the  above  call  and  assigned  the  nine 
Councilmen  to  their  sets. 


2  journal  of  common  council  [Special   Meeting 

The  clerk  called  the  roll: 

Present:  Boynton  J.  Moore,  Walter  R.  Dorsett, 
Claude  E.  Negley,  O.  Ray  Albertson,  Dr.  Austin  H.  Todd, 
Otis  E.  Bartholomew,  Robert  E.  Springsteen,  Edward  B. 
Raub  and  Millard  W.  Ferguson. 

Mr.  Boyce  called  on  Rev.  Bernard  W.  Bass  for  a  brief 
invocation. 

Mr.  Boyce  announced  the  first  business  in  order  to  be 
the  election  of  a  presiding  officer  for  the  year  1926. 

Whereupon  Councilman  Otis  E.  Bartholomew  placed 
in  nomination  Councilman  Boynton  J.  Moore  which 
nomination  was  seconded  by  Councilman  Austin  H.  Todd. 

Councilman  Claude  E.  Negley  moved  that  the  nomina- 
tions be  closed  which  was  seconded  by  Councilman 
O.  Ray  Albertson.    Carried. 

Councilman  Walter  R.  Dorsett  moved  that  the  clerk 
be  instructed  to  vote  the  nine  votes  of  the  Council  for 
Councilman  Boynton  J.  Moore  for  President  for  1926 
which  was  seconded  by  Councilman  O.  Ray  Albertson. 
Carried. 

Mr.  Boyce  then  declared  Councilman  Boynton  J. 
Moore  elected  President  of  the  Common  Council  of  the 
City  of  Indianapolis  for  the  year  1926  and  appointed 
Councilman  Negley  and  Ferguson  to  escort  President 
Boynton  J.  Moore  to  the  chair. 

Mr.  Boyce  presented  President  Boynton  J.  Moore 
with  a  mahogany  gavel,  the  gift  of  First  Assistant  Fire 
Chief  Roy  Phillips. 

President  Boynton  J.  Moore  accepted  the  gavel  and 
addressed  the  members  of  the  Council,  thanking  them 
for  their  confidence  placed  in  him  by  electing  him  Presi- 
dent of  the  Council. 


January  4,    1926]  city  of  Indianapolis,  ind.  3 

President  Boynton  J.  Moore  announced  that  the  next 
business  in  order  to  be  the  election  of  a  President  Pro 
Tern. 

Councilman  Austin  H.  Todd  placed  in  nomination 
Councilman  Walter  R.  Dorsett  which  was  seconded  by 
Councilman  O.  Ray  Albertson. 

Councilman  Claude  E.  Negley  moved  that  the  nomina- 
tions be  closed  which  was  seconded  by  Councilman 
Otis  E.  Bartholomew.    Carried. 

Councilman  O.  Ray  Albertson  moved  that  the  clerk 
be  instructed  to  vote  the  nine  votes  of  the  Council  for 
Councilman  Walter  R.  Dorsett  for  President  Pro  Tern 
for  the  year  1926  which  was  seconded  by  Councilman 
Otis  E.  Bartholomew.    Carried. 

President  Boynton  J.  Moore  announced  the  next  order 
of  business  to  be  the  selection  of  rules  to  govern  the 
Council. 

Councilman  O.  Ray  Albertson  moved  that  the  1925 
rules  of  the  preceding  Council  be  adopted  to  govern  the 
new  Council  for  the  year  1926  which  was  seconded  by 
Councilman  Austin  H.  Todd.    Carried. 

President  Boynton  J.  Moore  then  announced  the  next 
order  of  business  to  be  the  appointment  of  Council  Com- 
mittees. The  appointments  announced  by  President 
Boynton  J.  Moore  were  as  follows: 

FINANCE   COMMITTEE 
O.    Ray   Albertson,    Chairman;    Walter   R.    Dorsett,    Claude   E. 
Negley,  Dr.  Austin  H.  Todd,  Otis  E.  Bartholomew. 

PUBLIC  WORKS   COMMITTEE 
Walter    R.    Dorsett,    Chairman;    O.    Ray    Albertson,    Otis    E. 
Bartholomew,  Dr.  Austin  H.  Todd,  Claude  E.  Negley. 

PUBLIC  SAFETY  COMMITTEE 
Claude     E.     Negley,     Chairman;     Otis     E.     Bartholomew,     Dr. 
Austin  H.  Todd,  Walter  R.  Dorsett,  Millard  W.  Ferguson. 


4  journal  of  common  council  [Special   Meeting 

PUBLIC  HEALTH  AND  CHARITIES 
Dr.  Austin  H.  Todd,  Chairman;  Otis  E.  Bartholomew,  Claude  E. 
Negley,  Edward  B.  Raub,  Robert  E.  Springsteen. 

PARK  COMMITTEE 
Otis     E.     Bartholomew,     Chairman;     Walter     R.     Dorsett,     Dr. 
Austin  H.  Todd,  Claude  E.  Negley,  O.  Ray  Albertson. 

LAW  AND  JUDICIARY  COMMITTEE 
Dr.  Austin  H.  Todd,  Chairman;  Otis  E.  Bartholomew,  Claude  E. 
Negley,  Robert  E.  Springsteen,  Edward  B.  Raub. 

ELECTIONS   COMMITTEE 
Claude    E.    Negley,    Chairman;    Otis   E.    Bartholomew,    O.    Ray 
Albertson,  Dr.  Austin  H.  Todd,  Millard  W.  Ferguson. 

CITY    WELFARE    COMMITTEE 
Otis  E.  Bartholomew,  Chairman;  Dr.  Austin  H.  Todd,  Claude  E. 
Negley,  Robert  E.  Springsteen,  Edward  B.  Raub. 

ATHLETIC   COMMISSION 
Walter   R.    Dorsett,    Chairman;   Dr.    Austin    H.    Todd,    O.    Ray 
Albertson,  Millard  W.  Ferguson,  Edward  B.  Raub,  Claude  E.  Negley, 
Otis  E.  Bartholomew. 

On  motion  of  Councilman  Walter  R.  Dorsett,  seconded 
by  Councilman  Otis  E.  Bartholomew,  the  Common 
Council,  at  12:40  p.  m.,  January  4,  1926,  adjourned. 

^  £/  President. 

Attest:  ; 

.     !  .  City  Clerk. 


January  4,    1926]  city  of  Indianapolis,  ind. 


REGULAR  MEETING 

Monday,  January  4,  1926,  7:30  P.  M. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Monday  evening,  January  4, 
1926,  at  7:30  p.  m.  in  regular  session,  President  Boynton 
J.  Moore  in  the  chair. 

The  clerk  called  the  roll: 

Present:  Hon.  Boynton  J.  Moore,  President;  Walter 
R.  Dorsett,  Claude  E.  Negley,  O.  Ray  Albertson,  Austin 
H.  Todd,  Otis  E.  Bartholomew,  Robert  E.  Springsteen, 
Edward  B.  Raub,  Millard  W.  Ferguson. 

Judge  Charles  J.  Orbison  secured  permission  from 
President  Boynton  J.  Moore  to  take  the  floor  of  the 
Council  at  this  time.  The  Judge,  in  a  very  able  and  patri- 
otic address,  presented  to  the  Council,  in  the  name  of  the 
Knights  of  the  Ku  Klux  Klan  of  Marion  County,  a  silk 
American  flag  which  was  accepted  by  President  Boynton 
J.  Moore  in  behalf  of  the  Common  Council.  President 
Boynton  J.  Moore  requested  Judge  Orbison  to  be  seated 
at  the  speakers'  stand  as  the  guest  of  the  Council  for  the 
evening. 

President  Boynton  J.  Moore  directed  the  clerk  to  read 
the  minutes  of  the  previous  special  meeting  but  on 
motion  of  Councilman  Otis  E.  Bartholomew,  seconded  by 
Councilman  Walter  R.  Dorsett,  it  was  moved  that  the 
reading  of  the  minutes  be  dispensed  with. 

INTRODUCTION  OF  GENERAL  ORDINANCES 

By  Councilman  Austin  H.  Todd : 

AN  ORDINANCE  authorizing  and  creating  the  position  of  the  Com- 
mon Council,  denning  his  duties,  fixing  the  salary  thereof,  and 
designating  a  time  when  the  same  shall  take  effect. 

Be   it   Ordained   by   the   Common   Council   of  the   City   of  Indianapolis, 
Indiana  : 

Section  1.  That  there  be  and  is  hereby  authorized  and  created 
the  position  of  Attorney  of  the  Common  Council  of  the  City  of 
Indianapolis,  same  to  be  filed  by  election  of  the  Common  Council. 

Section  2.  The  Attorney  of  the  Common  Council  shall  act  as 
attorney,  legal  adviser  and  counsellor  to  the  Common  Council  or  any 


6  journal  of  common  council        [Regular  Meeting 

member  thereof,  in  all  official  and  public  matters  brought  to  his 
attention  by  the  Common  Council  or  any  member  thereof. 

Section  3.  That  the  salary  of  the  Attorney  of  the  Common 
Council  of  Indianapolis  be  and  is  hereby  fixed  at  three  thousand 
dollars  ($3,000.00)  per  annum. 

Section  4.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time. 

Councilman  Walter  R.  Dorsett  moved  that  the  rules 
be  suspended  to  consider  the  passage  of  General 
Ordinance  No.  1  which  was  seconded  by  Councilman 
Claude  E.  Negley. 

The  clerk  called  the  roll  and  the  motion  was  lost, 
there  being  eight  ayes  and  one  no,  the  latter  by  Council- 
man Edward  B.  Raub. 

President  Boynton  J.  Moore  then  referred  General 
Ordinance  No.  1  to  the  Committee  on  Finance. 

INTRODUCTION  OF  MISCELLANEOUS  BUSINESS 

Councilman  Walter  R.  Dorsett  nominated  Miss 
Margaret  J.  Ray  for  Secretary  of  the  Council  Committees 
which  was  seconded  by  Councilman  Otis  E.  Bartholomew. 

Councilman  Claude  E.  Negley  moved  to  close  the 
nominations  which  was  seconded  by  Councilman  O.  Ray 
Albertson.    Carried. 

President  Boynton  J.  Moore  then  put  Miss  Ray's 
nomination  to  an  aye  and  no  vote.    Carried. 

Councilman  Otis  E.  Bartholomew  then  nominated 
Councilman  Austin  H.  Todd  for  appointment  by  the 
Council  to  the  City  Planning  Commission  which  was 
seconded  by  Councilman  Walter  R.  Dorsett. 

Councilman  Claude  E.  Negley  moved  that  the  nomina- 
tions be  closed  which  was  seconded  by  Councilman 
O.  Ray  Albertson.    Carried. 

President  Boyton  J.  Moore  then  put  the  nomination 
of  Councilman  Austin  H.  Todd  to  an  aye  and  no  vote. 
Carried. 


January  4,   1926]  city  of  Indianapolis,  ind.  7 

President  Boynton  J.  Moore  then  opened  the  Council 
for  a  few  remrks  from  the  Councilmen,  who  each  made 
a  few  general  remarks. 

On  motion  of  Councilman  Walter  R.  Dorsett, 
seconded  by  Councilman  Claude  E.  Negley,  the  Common 
Council,  at  8:45  p.  m.,  adjourned. 


President. 


Attest 


City  Clerk. 


January   11,   1926]  city  of  Indianapolis,  ind. 


SPECIAL  MEETING 

Monday,  January  11,  1926,  7:30  P.  M. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  January  11,  1926,  at  7:30  p.  m. 
in  special  session,  President  Boynton  J.  Moore  in  the 
chair,  pursuant  to  the  following  call: 

January  9,  1926. 
To  the  Members  of  the  Common  Council,  Indianapolis,  Ind.: 

Gentlemen — You  are  hereby  notified  that  there  will  be  a  special 
meeting  <of  the  Common  Council  held  in  the  Council  Chamber  on 
Monday,  January  11,   1926,  at  7:30  p.  m. 

The  purpose  of  such  meeting-  being  to  receive  communications 
from  the  Mayor  or  City  Controller  of  said  City  and  of  considering- 
General  Ordinance  No.  1,  and  any  matters  pertaining  thereto  and 
to  consider  an  amendment  to  General  Ordinance  No.  121    (1925.) 

Respectfully, 

BOYNTON  J.  MOORE. 

I,  William  A.  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served 
the  above  and  foregoing  notice  to  each  and  every  member  of  the 
Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WILLIAM   A.   BOYCE,   JR., 

City  Clerk. 

Which  was  read. 

The  Clerk  called  the  roll. 

Present:  The  Honorable  Boynton  J.  Moore,  Presi- 
dent, and  seven  members,  viz. :  Walter  R.  Dorsett, 
Claude  E.  Negley,  O.  Ray  Albertson,  Dr.  Austin  H.  Todd, 
Otis  E.  Bartholomew,  Robert  E.  Springsteen  and  Edward 
B.  Raub. 

Absent:    Millard  W.  Ferguson. 

On  motion  of  Mr.  Martholomew,  seconded  by  Mr. 
Dorsett,  the  reading  of  the  minutes  of  the  previous  meet- 
ing was  dispensed  with. 

COMMUNICATION  FROM  THE  MAYOR 

January  11,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 
Gentlemen — The  present  condition  of  the  City's  finances  makes 
it  necessary  for  the  City  to  borrow  at  least  $600,000,  as  set  out  in 
the  ordinance  prepared  by  the  City  Controller,  and  which  is  sub- 
mitted for  your  consideration. 


10  journal  of  common  council  [Special  Meeting 


This  amount  will  go  into  the  general  fund  to  meet  the  City 
Weekly  and  Semi-Monthly  pay  roll  as  well  as  other  necessary  bills 
now  due  or  about  to  become  due  within  the  period  for  which  author- 
ity is  requested  of  your  body  to  make  the  loan. 

As  this  is  one  of  the  most  important  matters  now  confronting 
this  administration,  your  favorable  consideration  will  be  appre- 
ciated. 

Very  truly  yours, 

JOHN   L.    DUVALL, 

Mayor  of  Indianapolis. 

COMMUNICATIONS  FROM  CITY  OFFICERS 

January  4,   1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith  copies  of  an  Ordinance 
calling  for  a  Temporary  Loan  or  Loans  of  One  Hundred  and  Fifty 
Thousand  Dollars  ($150,000.00),  for  use  of  the  Board  of  Health, 
and  recommend  the  passage  of  same. 

Yours  very  truly, 

WM.  C.  BUSER, 

City   Controller. 
January  4,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  submit  you  herewith  an  Ordinance,  asking  for 
authority  to  make  a  Temporary  Loan  of  Six  Hundred  Thousand 
Dollars  ($600,000),  for  the  General  Fund  of  the  City  of  Indianapolis 
and  recommend  its  passage. 

Yours  very  truly, 

WM.  C.  BUSER, 

City   Controller. 

INTRODUCTION  OF  GENERAL  ORDINANCES 
By  the  City  Controller: 

GENERAL  ORDINANCE   NO.   2,   1926. 

AN  ORDINANCE  authorizing  the  City  of  Indianapolis  to  make  a 
Temporary  Loan  or  Loans  for  the  use  of  the  Board  of  Health 
of  the  City  of  Indianapolis,  Indiana,  in  anticipation  of  its  cur- 
rent revenues  and  payable  out  of  the  current  revenues  of  said 
Board  of  Health  for  the  year  1926,  authorizing  the  rate  of 
interest  to  be  charged  therefor,  providing  for  legal  notice  and 
fixing  a  time  when  the  same  shall  take  effect. 

WHEREAS,  the  Board  of  Health  on  the  first  day  of  February,  1926, 
will  be  and  continue  to  be  until  the  first  day  of  July,  1926, 
without  sufficient  funds  to  pay  its  salary  payroll  and  other  cur- 
rent expenses  for  Board  of  Health  purposes,  and 

WHEREAS,  the  said  current  expenses  and  said  payrolls  for  said 
period  will  amount  to  approximately  Two  Hundred  Thousand 
($200,000.00)   Dollars,  and 


January   11,    1926]  city  of  Indianapolis,  ind.  11 


WHEREAS,  the  first  semi-annual  installment  of  taxes  levied  by  the 
City  of  Indianapolis  for  general  Board  of  Health  purposes  for 
the  year  1925,  and  collectible  on  or  before  the  15th  day  of 
May,  1926,  will  amount  to  more  than  Two  Hundred  Seventy- 
five  Thousand    ($275,000.00)    Dollars. 

NOW  THEREFORE,  Be  It  Resolved,  by  the  Board  of  Health  of  the 
City  of  Indianapolis,  Indiana,  that  an  ordinance  be  prepared 
and  presented  to  the  Common  Council  of  Indianapolis,  Indiana, 
for  the  passage  for  the  making  of  a  Temporary  Loan  or  Loans 
by  the  City  of  Indianapolis,  for  the  total  sum  of  One  Hundred 
and  Fifty  Thousand  ($150,000.00)  Dollars,  for  the  use  of  said 
Board  of  Health  for  said  purposes,  at  a  rate  of  interest  not  to 
exceed  six  (6%)  percent,  per  annum,  and  for  a  period  not 
exceeding  five  (5)  months  from  the  date  of  such  Temporary 
Loan  or  Loans  to  be  made  in  anticipation  of  the  current  reve- 
nues of  the  said  Board  of  Health  and  collectible  in  the  year 
1926,  and 

BE  IT  FURTHER  RESOLVED,  by  said  Board  of  Health,  that  there 
be  and  hereby  is  appropriated  out  of  the  current  revenues  of 
said  Board  of  Health  for  the  year  1926,  for  the  purpose  of  pay- 
ing said  Loan  or  Loans  and  interest  thereon  as  the  same  may  be- 
come due,  the  sum  of  One  Hundred  Fifty-three  Thousand  Seven 
Hundred  Fifty   ($153,750.00)    Dollars. 

Now  Therefore,  Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Section  1.  That  the  City  Controller  be  and  is  hereby  authorized 
and  empowered  to  negotiate  a  Temporary  Loan  or  Loans  for  the 
use  of  the  Board  of  Health  of  the  City  of  Indianapolis,  Indiana,  in 
anticipation  of  current  revenues  of  said  Board  of  Health  for  the  year 
1926,  said  Loan  or  Loans  to  be  made  for  the  total  sum  not  to  exceed 
One  Hundred  and  Fifty  Thousand  ($150,000.00)  Dollars,  and  pay- 
able out  of  the  current  revenues  of  said  Board  at  a  rate  of  interest 
not  to  exceed  six  (6%)  per  cent,  per  annum  and  for  and  during  a 
period  not  exceeding  five  (5)  months  from  the  date  thereof. 

After  the  publication  of  the  herein  determination  to  issue  such 
temporary  loan  or  loans,  and  as  provided  in  Section  2  of  this  ordin- 
ance, said  loan  shall  be  let  to  the  lowest  bidder  at  competitive  bid- 
ding on  the  annual  rate  of  interest  under  conditions  prescribed  in 
notice  of  the  same  which  shall  be  published  for  at  least  one  day  in  at 
least  one  daily  newspaper  of  general  circulation  of  said  city.  The 
Mayor  and  City  Controller  are  hereby  authorized  and  directed  to 
execute  the  proper  obligations  of  said  city  for  the  amount  or  amounts 
so  borrowed,  which  shall  also  be  countersigned  by  the  president  of 
the  Board  of  Health  and  to  the  payment  of  said  obligations  the  faith 
of  the  City  of  Indianapolis  is  hereby  irrevocably  pledged. 

Section  2.  The  Mayor,  City  Controller  and  Corporation  Counsel 
are  hereby  authorized  and  directed  to  publish  notice  of  the  de- 
termination herein  made,  to  issue  the  bonds  or  other  evidence  of 
indebtedness  for  such  temporary  loan  or  loans  as  required  by  law. 

Section  3.    This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 


12  journal  of  common  council  [Special   Meeting 


By  the  City  Controller : 

GENERAL  ORDINANCE  NO.   3,  1926. 

AN  ORDINANCE  authorizing-  the  City  Controller  to  make  a  Tem- 
porary Loan  or  Loans  of  Six  Hundred  Thousand  ($600,000) 
Dollars,  in  anticipation  of  current  revenues,  appropriating  the 
sum  of  Six  Hundred  Twelve  Thousand  ($612,000)  Dollars,  for 
the  payment  of  same  and  fixing  a  time  when  the  same  shall  take 
effect. 

Be   it    Ordained    by    the    Common   Council    of   the    City   of  Indianapolis, 
Indiana: 

Section  1.  That  the  City  Controller  be  and  is  hereby  authorized 
and  empowered  to  negotiate  a  temporary  loan  or  loans  in  anticipa- 
tion of  the  current  revenues  of  said  city  actually  levied  and  in  course 
of  collection  for  the  fiscal  year  1926,  not  exceeding  a  total  sum  of 
Six  Hundred  Thousand  ($600,000)  Dollars,  for  a  period  not  exceed- 
ing five  (5)  months,  at  a  rate  of  interest  not  exceeding  six  (6%) 
per  cent,  per  annum.  The  City  Controller  is  further  authorized  and 
empowered  to  negotiate  such  loan  or  loans,  in  such  amounts  and  at 
such  times  as  the  City  Controller  may  deem  necessary  provided  that 
no  part  of  such  loan  or  loans  shall  be  made  to  extend  beyond  the 
period  hereinbefore  mentioned.  After  the  publication  of  the  notice 
of  the  determination  herein  made  to  issue  bonds  or  other  evidence  of 
indebtedness  for  such  temporary  loan  or  loans,  and  as  provided  in 
this  ordinance,  said  loan  or  loans  shall  be  let  to  the  lowest  bidder  at 
competitive  bidding  on  the  annual  rate  of  interest  under  conditions 
prescribed  in  notice  of  the  same,  which  shall  be  published  for  at 
least  one  day  in  at  least  one  daily  paper  of  said  city.  The  Mayor  and 
City  Controller  are  hereby  authorized  and  directed  to  execute  the 
proper  obligations  of  the  City  of  Indianapolis  for  the  amount  so 
borrowed,  and  to  the  payment  of  such  obligations,  the  faith  of  the 
city  is  hereby  irrevocably  pledged. 

Section  2.  The  Mayor,  City  Controller  and  Corporation  Counsel 
are  hereby  authorized  and  directed  to  publish  notice  of  the  de- 
termination herein  made  to  issue  the  bonds  or  other  evidence  of  in- 
debtedness for  such  temporary  loan  or  loans,  as  required  by  law. 

Section  3.  That  there  be  and  is  hereby  appropriated  out  of  the 
current  revenues  for  the  fiscal  year  1926,  to  the  Department  of 
Finance,  the  sum  of  Six  Hundred  and  Twelve  Thousand  ($612,000) 
Dollars,  and  the  same  is  hereby  pledged  for  the  purpose  of  the  pay- 
ment of  said  loan  or  loans,  at  such  times  as  the  same  shall  become 
due. 

Section  4.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  second  time  and  referred  to  the 
Committee  of  Finance. 

On  motion  of  Mr.  Dorsett,  seconded  by  Dr.  Todd,  the 
Council  recessed  for  ten  minutes  to  enable  the  Finance 


January   11,   1926]  city  of  Indianapolis,  ind.  13 

Committee  to  bring  in  a  report  on  General  Ordinance 
No.  3. 

Recess:    7:55  p.  m. 

Clerk  called  the  roll  at  8:05,  end  of  Recess. 

Present:  President  Boynton  J.  Moore  and  eight  mem- 
bers, viz.:  Messrs.  Dorsett,  Negley,  Albertson,  Todd, 
Bartholomew,  Springsteen,  Raub  and  Ferguson. 

Mr.  Bartholomew  moved  that  the  rules  be  suspended 
to  consider  General  Ordinance  No.  3  and  place  it  upon  its 
passage  when  amended.    Seconded  by  Mr.  Negley. 

The  roll  was  called  and  the  rules  were  suspended  by 
unanimous  consent  of  all  nine  members  of  the  Council. 
(Mr.  Albertson  changed  his  original  vote  of  "no"  to  aye.) 

Mr.  Albertson,  as  chairman  of  the  Finance  Com- 
mittee, made  the  following  report  on  General  Ordinance 
No.  3. 

Indianapolis,  Ind.,  January  11,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 
Gentlemen — We,  your  Committee  on  Finance,  to  whom  was 
referred  General  Ordinance  No.  3,  1926,  beg  leave  to  report  that 
we  have  had  said  ordinance  under  consideration,  and  recommend 
that  the  same  be  passed,  under  suspension  of  the  rules,  when 
amended  to  reduce  the  same  to  Two  Hundred  Thousand  ($200,000) 
Dollars. 

O.  RAY  ALBERTSON,  Chairman. 
CLAUDE  E.  NEGLEY 
AUSTIN  H.  TODD 
OTIS  E.  BARTHOLOMEW 
WALTER  R.  DORSETT. 

Dr.  Todd  called  for  General  Ordinance  No.  3  for 
second  reading.    It  was  read  a  second  time  in  full. 

Mr.  Negley  handed  the  Clerk  the  following  written 
motion  which  was  read : 

Indianapolis,  Ind.,  January  11,  1926. 
Mr.  President — I  move  that  General  Ordinance  No.  3,  1926,  be 
amended  by  striking  out  the  figures  $600,000  and  $612,000  where- 
ever  they  appear  in  said  Ordinance,  and  inserting  in  lieu  thereof  the 
figures  $200,000  and  $205,000  respectively. 

CLAUDE  E.  NEGLEY, 

Councilman. 


14  journal  of  common  council  [Special   Meeting 

The  above  motion  was  seconded  by  Mr.  Dorsett  and 
carried. 

Mr.  Dorsett  moved  that  General  Ordinance  No.  3, 
1926,  be  ordered  engrossed,  read  a  third  time  and  placed 
upon  its  passage.    Carried. 

General  Ordinance  No.  3,  1926,  was  read  a  third  time 
by  the  Clerk  and  passed  by  the  following  vote : 

Ayes,  9,  viz. :  Messrs.  Dorsett,  Negley,  Albertson,. 
Todd,  Bartholomew,  Springsteen,  Raub,  Ferguson  and 
President  Boynton  J.  Moore. 

REPORTS  FROM  COMMITTEES. 
Mr.  Albertson,  Chairman  of  the  Finance  Committee,, 
submitted  the  following  written  report  on  General  Ordin- 
ance No.  1,  1926: 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — Your  Committee  on  Finance,  to  whom  was  referred 
General  Ordinance  No.  1,  beg  leave  to  report  that  we  have  given  the 
same  due  and  careful  consideration  and  we  would  recommend  that 
the  same  be  not  passed  in  the  form  as  it  has  been  prepared. 

O.  RAY  ALBERTSON,  Chairman 
WALTER  R.  DORSETT 
O.  E.  BARTHOLOMEW 
A.  H.  TODD 
C.  E.  NEGLEY. 

On  motion  of  Mr.  Raub,  seconded  by  Mr.  Springsteen,, 
General  Ordinance  No.  1  was  ordered  stricken  from  the 
files. 

INTRODUCTION  OF  GENERAL  ORDINANCES. 
By  Mr.  Bartholomew: 

GENERAL  ORDINANCE  NO.  4,  1926. 
AN  ORDINANCE  to  amend  Sub-section  N,  entitled  Police  Force 
Under  Department  of  Public  Safety,  of  Section  608  entitled 
Designation  of  Officers  and  employees,  of  General  Ordinance  No. 
121,  1925,  being"  an  ordinance  concerning  the  government  of 
the  City  of  Indianapolis,  providing  penalties  for  its  violation  and 
with  stated  exceptions  repealing  all  former  ordinances: 


January  H,    19261  city  of  indianapolis,  ixd.  15 


Be   it   Ordained    by    the   Common    Council   of   the   City   of  Indianapolis, 
Indiana: 

Section  1.  That  Sub-section  N,  entitled  Police  force  under  De- 
partment of  Public  Safety,  of  Section  608  entitled  Designation  of 
Officers  and  employees,  of  General  Ordinance  No.  121,  1925,  be 
amended  by  striking:  out  of  said  subsection  N,  entitled  Police  force 
under  Department  of  Public  Safety,  of  Section  608  entitled  Designa- 
tion of  Officers  and  employees,  of  General  Ordinance  No.  121,  1925, 
the  following  figures  and  words:  "4.  Supervisor."  And  by  renumber- 
ing the  various  positions  under  sub-section  N,  entitled  Police  force 
to  conform  to  the  striking  out  of  said  position  of  supervisor. 

Section  2.  That  the  office  of  supervisor  of  the  police  force  of 
the  city  of  Indianapolis,  Indiana,  under  the  Department  of  Public 
Safety  is  hereby  abolished. 

Section  3.  That  said  sub-section  N,  entitled  Police  force  under 
under  Department  of  Public  Safety,  of  Section  608,  entitled  Designa- 
tion of  Officers  and  employees,  of  General  Ordinance  No.  121,  so  as 
Department  of  Public  Safety  of  Section  608,  entitled  Designation  of 
Officers  and  employees,  of  General  Ordinance  No.  121,  1925,  shall  be 
amended  to  read  as  follows: 

(n)      Police  Force  under  Department  of  Public  Safety. 

1.  Chief  of  Police. 

2.  Inspector  of  Police. 

3.  Inspector  of  Traffic. 

4.  Five  Captains. 

5.  Ten  Lieutenants. 

6.  Twenty-five  Sergeants. 

7.  Fifty  Detectives. 

8.  Seventy  Traffic  Policemen. 

9.  Eleven  Motorcycle  Policemen. 

10.  Forty-one  Motor  Policemen. 

11.  Three  Turnkeys. 

12.  Eleven  Wagonmen. 

13.  Two  hundred  and  fifty -five   Second-Year  Police- 

men. 

14.  Seven  First-Year  Policemen. 

15.  Court  Bailiff. 

16.  Probation   Officer. 

17.  Woman  Sergeant. 

18.  Twenty-one  Second-Year  Police  Women. 

19.  One  First-Year  Police  Woman. 

20.  Secretary. 

21.  Two  Repairmen. 

22.  Hostler. 

23.  Seven  Janitors. 

Section  4.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 


16  city  of  Indianapolis,  ind.  [Special  Meeting 

On  motion  of  Dr.  Todd  the  Common  Council,  at  8:35 
o'clock  p.  m.,  adjourned. 

U  i/  President. 

Attest : 

City  Clerk. 


January   18,   1926]  city  of  Indianapolis,  ind.  17 

REGULAR  MEETING 

Monday,  January  18,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  January  11,  1926,  at  7:30  p.  m. 
in  special  session,  President  Boynton  J.  Moore  in  the 
chair,  pursuant  to  the  following  call: 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Monday  evening,  January  18, 
1926,  at  7:30  p.  m.,  in  regular  session,  President  Boynton 
J.  Moore  in  the  chair. 

The  Clerk  called  the  roll: 

Present:  Hon.  Boynton  J.  Moore,  President,  and 
seven  members,  viz. :  Walter  R.  Dorsett,  Claude  E. 
Negley,  O.  Ray  Albertson,  Austin  H.  Todd,  Otis  E. 
Bartholomew,  Robert  E.  Springsteen  and  Millard  W. 
Ferguson. 

Absent:    Edward  B.  Raub. 

On  motion  of  Mr.  Dorsett,  seconded  by  Mr.  Bartho- 
lomew, the  reading  of  the  journal  was  dispensed  with. 

COMMUNICATIONS  FROM   THE   MAYOR 

January  12,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 
Gentlemen — I  have  today  approved,  signed  and  delivered  to 
Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No.  3,  entitled 
"An  Ordinance,  authorizing  the  City  Controller  to  make  a  Tem- 
porary Loan  or  Loans  of  two  hundred  thousand  ($200,000)  dollars, 
in  anticipation  of  current  revenues,  appropriating  the  sum  of  two 
hundred  five  thousand  ($205,000)  dollars,  for  the  payment  of  same 
and  fixing  a  time  when  the  same  shall  take   effect." 

Yours  very  truly, 

J.    L.    DUVALL. 

COMMUNICATIONS  FOR  CITY  OFFICERS 

January  16,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 
I  hand  you  herewith  a  communication  from  the  Board  of  Public 
Safety  asking  for  the  passage  of  an  ordinance  transferring  the  sum 
of  One  Hundred  and  Fifty  ($150.00)  Dollars  from  Fund  No.  44. 
under  the   Department   of   Public    Safety,   Electrical   Unit,    to   Fund 


18  journal  of  common  council         [Regular  Meeting- 


No.  26,  in  the  Department  of  Public   Safety,  Administration  Unit. 
I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours  truly, 

WM.  C.  BUSER, 

City  Controller. 

January   16,   1926. 

To  Mr.  William  C   Buser,  City  Controller: 

I  am  directed  by  the  Board  of  Public  Safety  to  submit  for  your 
approval  and  transmission  to  the  Common  Council  an  ordinance 
transferring  the  sum  of  One  Hundred  and  Fifty  ($150.00)  Dollars 
from  Fund  No.  44,  under  the  Department  of  Public  Safety,  Electrical 
Unit,  to  Fund  No.  26,  in  the  Department  of  Public  Safety,  Ad- 
ministration Unit. 

Respectfully  submitted, 
BOARD  OF  PUBLIC  SAFETY, 

By  CLAUDE   C.  McCOY, 

Executive  Secretary. 

January  16,   1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  hand  you  herewith  a  communication  from  the 
Board  of  Public  Safety,  asking  for  the  passage  of  an  ordinance 
transferring  the  sum  of  Five  Hundred  ($500.00)  Dollars  from  Fund 
No.  44,  under  the  Department  of  Public  Safety,  Electrical  Unit,  to 
Fund  No.  36,  in  the  Department  of  Public  Safety,  Administration 
Unit. 

A  respectfully  recommend  the  passage  of  this  ordinance. 

Yours  truly, 

WM.  C.  BUSER, 

City  Controller. 

January  16,   1926. 
To  Mr.  William  C.  Buser,  City  Controller  of  Indianapolis,  Indiana: 

Dear  Sir — I  am  directed  by  the  Board  of  Public  Safety  to  submit 
for  your  approval  and  transmission  to  the  Common  Council,  an  or- 
dinance transferring  the  sum  of  Five  Hundred  ($500.00)  Dollars 
from  Fund  No.  44,  under  the  Department  of  Public  Safety,  Electri- 
cal Unit,  to  Fund  No.  36,  in  the  Department  of  Public  Safety, 
Administration  Unit. 

Respectfully  submitted, 
BOARD  OF  PUBLIC  SAFETY, 

By  CLAUDE   C.   McCOY, 

Executive  Secretary. 

REPORT  FROM  COMMITTEES 

Indianapolis,  Ind.,  January  18,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — We,    your    Committee    on    Finance    to    whom   was 

referred  General  Ordinance  No.  4,  1926,  entitled  "AN  ORDINANCE 

to  amend  Sub-section  N,  entitled   Police  Force  Under  Department 


January  18,   1926]  city  of  Indianapolis,  ind.  19 


of  Public  Safety,  of  Section  608  entitled  Designation  of  Officers  and 
employees,  of  General  Ordinance  No.  121,  1925,  being  an  ordinance 
concerning  the  government  of  the  City  of  Indianapolis,  providing 
penalties  for  its  violation  and  the  stated  exceptions  repealing  all 
former  ordinances,"  beg  leave  to  report  that  we  have  had  said 
ordinance   under   consideration,   and   recommend   that  the   same   be 

D/lSSfu 

CLAUDE    E.    NEGLEY,    Chairman 
OTIS  E.   BARTHOLOMEW 
WALTER  R.  DORSETT 
AUSTIN  H.  TODD. 

Indianapolis,  Ind.,  January  18,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 
Gentlemen — We,  your  Committee  on  Finance  to  whome  was 
referred  General  Ordinance  No.  2,  1926,  entitled  "AN  ORDINANCE 
authorizing  the  City  of  Indianapolis  to  make  a  Temporary  Loan  or 
Loans  for  the  use  of  the  Board  of  Health  of  the  City  of  Indianapolis, 
Indiana,  in  anticipation  of  its  current  revenues  and  payable  out  of 
the  current  revenues  of  said  Board  of  Health  for  the  year  1926, 
authorizing  the  rate  of  interest  to  be  charged  therefor,  providing 
for  legal  notice  and  fixing  a  time  when  the  same  shall  take  effect," 
beg  leave  to  report  that  we  have  had  said  ordinance  under  consider- 
ation, and  we  do  not  recommend  its  passage  at  this  time. 

O.   RAY  ALBERTSON,   Chairman. 

WALTER  R.  DORSETT 

AUSTIN  H.  TODD 

OTIS  E.  BARTHOLOMEW. 

INTRODUCTION  OF  GENERAL  ORDINANCES 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  5,  1926 

AN  ORDINANCE  transferring  the  sum  of  Five  Hundred  ($500.00) 
Dollars  from  the  fund  in  the  Department  of  Public  Safety, 
Electrical  Unit,  known  as  Fund  No.  44,  and  reappropriating 
the  same  to  Fund  No.  36,  in  the  Department  of  Public  Safety, 
Administration  Unit,  and  declaring  a  time  when  the  same  shall 

take  effect. 

Be   it   Ordained    by    the   Common   Council   of   the    City   of  Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  Five  Hundred  ($500.00)  Dollars  in 
the  fund  known  as  Fund  No.  44  in  the  Department  of  Public  Safety 
Electrical  Unit  be  and  the  same  is  hereby  transferred  and  reappro- 
priated  to  the  fund  known  as  Fund  No.  36  in  the  Department  of 
Public  Safety,  Administration  Unit. 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 


20  city  of  Indianapolis,  ind.  [Regular  Meeting 

By  the  City  Controller: 

GENERAL  ORDINANCE   NO.    6,    1926 

AN  ORDINANCE  transferring  the  sum  of  One  Hundred  and  Fifty 
($150.00)  Dollars  from  the  fund  in  the  Department  of  Public 
Safety  Electrical  Unit  known  as  Fund  No.  44  and  reappropriat- 
ing  the  same  to  Fund  No.  26,  in  the  Department  of  Public 
Safety,  Administration  Unit,  and  declaring  a  time  when  the 
same  shall  take  effect. 

Be    it   Ordained    by    the    Common    Council    of   the    City   of   Indianapolis, 
Indiana: 
Section  1.    That  the  sum  of  One  Hundred  and  Fifty   ($150.00) 

Dollars  under  the  Department  of  Public  Safety  Electrical  Unit,  be 

and  the  same  is  hereby  transferred  and  reappropriated  to  Fund  No. 

26,  in  the  Department  of  Public   Safety,  Administration  Unit. 

Section  2.    This  ordinance  shall  be  in  full  force  and  effect  from 

and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Safety. 
By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  7,  1926 

AN  ORDINANCE  regulating  the  business  or  calling  of  conducting  a 
barber  shop,  barber  college  or  barber  school  within  the  City  of 
Indianapolis,  and  providing  a  penalty  for  the  violation  thereof, 
and  declaring  a  time  when  the  same  shall  take  effect. 

Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana : 
Section  1.  It  is  hereby  declared  unlawful  for  any  person,  firm 
or  corporation  to  conduct  a  barber  shop,  barber  college  or  barber 
school  within  the  City  of  Indianapolis  without  having  first  received  a 
license  so  to  do  from  the  Board  of  Health  of  said  city.  The  proprietor 
of  any  such  school,  shop  or  college  shall  first  pay  to  the  City  Con- 
troller a  fee  of  $3.00  for  each  barber  chair  operated  in  the  school  or 
barber  college  or  barber  shop  and  present  a  receipt  for  the  same  to 
said  Board  of  Health,  together  with  his  or  her  application  for  a 
license  which  said  application  shall  give  the  name  of  the  proprietor 
and  the  location  at  which  he  or  she  expects  to  operate,  and  the  license 
issued  by  such  Board  shall  be  issued  in  the  name  of  the  proprietor 
and  designate  the  location  of  such  shop,  school  or  college  with  par- 
ticularity. Any  license  so  issued  may  be  transferred  to  a  different 
location  or  assigned  to  a  new  proprietor,  but  in  either  event  such 
license  shall  be  returned  to  the  Board  for  cancellation  and  a  new 
permit  issued  in  lieu  thereof  without  additional  fee  or  charges  there- 
for. All  licenses  herein  provided  for  shall  terminate  on  the  31st  day 
of  December  of  the  year  in  which  same  is  issued. 

Section  2.  With  a  view  to  cleanliness  and  sanitary  conditions, 
each  barber  shop,  barber  college,  or  barber  school  within  the  city 
shall  be  subject  to  and  shall  observe  the  following  rules,  to-wit: 

(a)  All  shops,  schools  and  colleges  herein  provided  for  shall  be 
open  for  inspection  during  all  business  hours  by  any  member  of  the 


; 


January   18,   1926]  city  of  Indianapolis,  ind.  21 


Board  of  Health  or  the  inspectors,  who  shall  be  competent  barbers  of 
ten  years'  experience  as  such,  appointed  by  the  Mayor  and  confirmed 
by  the  City  Council  of  said  city  for  such  purpose.  There  shall  be  two 
inspectors  so  appointed  and  confirmed. 

(b)  No  shop  shall  be  operated  in  a  living  room,  a  dining-  room 
or  any  sleeping  apartments. 

(c)  The  floors,  walls,  furniture  and  fixtures  of  each  barber 
shop,  barber  college  or  barber  school  shall  be  at  all  times  kept  thor- 
oughly clean,  all  jardineres,  urns  and  cuspidors  shall  be  thoroughly 
cleaned  at  least  once  each  day.  The  floor  shall  be  kept  clean  and  free 
from  hair  accumulation  thereon,  and  shall  be  mopped  at  least  once 
each  day. 

(d)  No  shop,  school  or  college  shall  be  conducted  or  operated 
in  a  room  or  in  rooms  in  which  articles  for  human  consumption  are 
kept  for  sale  (except  tobacco  and  articles  in  sealed  containers) 
unless  such  shop  is  partitioned  off  by  a  closely  fitted  partition  ex- 
tending from  the  floor  to  the  ceiling  with  a  close-fitted  door  in  the 
entrance  thereof.  Any  barber  shop  or  barber  chair  conducted  or 
operated  in  a  pool  hall  shall  be  partitioned  by  a  closely  fitted  partition 
at  least  six  feet  in  height  and  extending  to  the  floor,  with  a  close- 
fitted  door  therein,  if  any. 

(e)  Each  barber  shop,  barber  school  or  barber  college  shall  be 
furnished  with  an  adequate  supply  of  running  hot  and  cold  water  and 
a  waste  drain  connected  with  the  sewer  where  sewer  connection  can 
be  had.  No  person  affected  with  a  communicable  skin  disease,  or  any 
person  in  a  state  of  intoxication,  or  any  person  who  is  an  habitual 
drunkard  shall  be  permitted  to  operate  a  barber  shop,  school  or 
college. 

(f )  Each  cup  and  brush  must  be  thoroughly  cleansed  with  hot 
water  each  time  before  using. 

(g)  Fresh,  clean  towels  must  be  used  for  each  patron,  and  all 
towels  after  they  have  been  used  must  be  cleaned  in  boiling  water 
before  using  again.  All  soaps,  perfumes,  bay  rum,  witch-hazel  and 
other  toilet  articles,  and  all  antiseptic  solutions  shall  be  of  pure 
quaity  and  free  from  adulteration.  An  antiseptic  solution  shall  be 
used  on  each  person  after  shaving. 

(h)  No  barber  shall  knowingly  serve  in  a  barber  shop,  barber 
college  or  barber  school,  a  person  in  an  infectuous  stage  of  the 
disease  of  erysipelas,  eczema,  impetigo,  sycosis,  tuberculosis  or  any 
other  highly  contagious  or  infectuous  diseases  and  any  person  so 
affected  is  forbidden  to  present  himself  for  service  in  any  barber 
shop,  barber  school  or  barber  college  operating  within  said  city. 

(i)  A  copy  of  these  rules  must  be  kept  in  a  conspicuous  place 
in  each  barber  shop,  barber  school  or  barber  college  operating  within 
said  city. 

(j)  Upon  conviction  of  violation  of  any  of  the  above  rules,  the 
license  to  operate  a  shop  shall  be  revoked  by  said  Board,  in  addition 
to  the  penalty  that  may  be  imposed  by  a  court  of  competent  jurisdic- 
tion, and  a  new  permit  shall  not  be  issued  to  the  offender  until  he  or 
she  shall  show  a  willingness  and  ability  to  comply  with  these  rules. 


22  city  of  CNDrAKTAPOEiS,  inr  [Regular  Meeting; 


Section  3.  Each  shop  shall  be  inspected  at  least  once  each 
month  by  the  Inspector,  appointed  and  confirmed  as  herein  provided, 
but  any  member  of  said  Board  of  Health  may  inspect  any  shop  at  any 
time  during  business  hours.  The  said  Inspectors  shall  each  receive 
$150.00  per  month  for  the  inspection  of  shops,  schools  and  colleges 
as  aforesaid. 

Section  4.  All  proprietors  as  aforesaid  holding  licenses  as  here- 
in provided  shall  conspicuously  display  said  licenses  in  the  places 
where  the  business  is  conducted. 

Section  5.  Any  person,  firm  or  corporation  found  guilty  of 
violating  any  of  the  provisions  of  this  ordinance,  shall,  on  conviction 
thereof,  be  fined  in  any  sum  not  less  than  $5.00  or  more  than  $300.00 
or  imprisioned  in  the  county  jail  for  a  period  not  to  exceed  ninety 
days  or  both. 

Section  6.  All  ordinances  in  conflict  herewith  are  hereby  re- 
pealed. 

Section  7.  This  ordinance  shall  be  in  full  force  and  effect  after- 
its  passage  and  legal  publication  according  to  law. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Health  and  Charities. 

INTRODUCTION  OF  MISCELLANEOUS  BUSINESS 

By  Mr.  Bartholomew: 

RESOLUTION  NO.   1,  1926 

WHEREAS,  that  part  of  the  City  of  Indianapolis  bordering  on  the 
adjacent  to  Pleasant  Run  has  long  suffered  from  the  polution 
and  stagnation  of  that  stream,  and 

WHEREAS,  the  health  and  happiness  of  the  citizens  of  that  section 
of  the  City  of  Indianapolis  have  been  jeopardized  by  the  un- 
sanitary condition  of  said  stream,  and 

WHEREAS,  the  beauty  and  public  usefulness  of  Garfield  Park  have 
been  impaired  by  the  neglect  of  the  City  of  Indianapolis  in 
taking  proper  measures  to  eliminate  the  unsanitary  condition  of 
said  stream, 

Now  Therefore,  Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

That  the  Council  Committe  on  Parks  be  and  is  hereby  author- 
ized and  instructed  to  investigate  the  causes  and  conditions  which 
are  responsible  for  the  condition  of  said  stream  and  report  to  the 
Common  Council  at  an  early  a  date  as  possible  measures  which  the 
said  Committee  feels  will  be  necessary  to  take  in  order  to  restore  the 
healthful  conditions  which  should  and  must  exist  in  said  districts  of 
the  City  of  Indianapolis. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Parks. 


January   18,    1926]  city  of  inihanapolis,  intd.  23 

ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
4  for  second  reading". 

The  clerk  read  General  Ordinance  No.  4  in  full,  a  sec- 
ond time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  4  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  4  was  read  a  third  time  by  the 
clerk  and  passed  by  the  following  vote: 

Ayes,  6,  viz. :  Messrs.  Dorsett,  Negley,  Albertson, 
Todd,  Bartholomew  and  President  Boynton  J.  Moore. 

Noes,  2,  viz. :   Messrs.  Springsteen  and  Ferguson. 

UNFINISHED  BUSINESS 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Negley, 
Edward  Wise  was  elected  Sergeant  of  Arms  of  the 
Council. 

After  the  Council  had  adjourned,  Messrs.  Ferguson 
and  Springsteen  requested  that  their  votes  on  the  passage 
of  General  Ordinance  No.  4  be  changed  to  "Aye,"  but 
Section  6  of  Rule  8  of  the  Council  Regulations  would  not 
permit  this  to  be  done  after  the  result  of  the  vote  had 
been  announced. 

On  motion  of  Mr.  Bartholomew  the  Common  Council, 
at  8  :15  o'clock  p.  m.,  adjourned. 

//  </y  President. 

Attest: 

City  Clerk. 


February  1,  1926]  city  of  Indianapolis,  ind.  25 

REGULAR  MEETING 

Monday,  February  1,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  February  1,  1926,  at  7:30  p.  m., 
in  regular  session,  President  Boynton  J.  Moore  in  the 
chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and 
seven  members,  viz. :  Walter  R.  Dorsett,  Claude  E. 
Negley,  O.  Ray  Albertson,  Austin  H.  Todd,  Otis  E. 
Bartholomew,  Robert  E.  Springsteen  and  Millard  W. 
Ferguson. 

Absent:    Edward  B.  Raub. 

On  motion  of  Mr.  Negley,  seconded  by  Mr.  Dorsett, 
the  reading  of  the  journal  was  dispensed  with. 

COMMUNICATIONS  FROM  CITY  OFFICERS 

February  1,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith  copies  of  an  ordinance 
calling  for  the  authorization  to  make  a  temporary  loan  or  loans  in 
the  sum  of  $400,000.00  in  anticipation  of  a  current  revenue  of  the 
city  of  Indianapolis  and  appropriating  the  sum  of  $410,000.00  for 
the  payment  thereof. 

The  City  of  Indianapolis  is  now  and  will  continue  to  be  until 
the  first  day  of  April,  1926,  without  sufficient  funds  to  pay  its  salary 
pay  roll  and  other  current  expenses.  The  temporary  loan  of 
$400,000.00  is  needed  to  make  up  the  difference  between  the  amount 
of  the  anticipated  collection  of  sufficient  licenses  and  fees  together 
with  advance  payment  of  taxes  and  the  sum  of  $700,000.00  that  will 
be  needed  to  take  care  of  the  salary  pay  roll  and  other  current 
expenses  during  said  period. 

I  respectfully  recommend  the  passage  of  this  ordinance. 
Respectfully  submitted, 

WM.  C.  BUSER, 

City   Controller. 


26  city  of  Indianapolis,  ind.  [Regular  Meeting 

January   21,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — Kindly  find  attached  hereto  copies  of  an  ordinance 
asking  for  the  transfer  of  Two  Thousand  ($2,000)  Dollars,  from  the 
Department  of  Public  Works,  Public  Buildings  Unit,  known  as  Fund 
No.  25,  and  reappropriating  the  same  to  Fund  No.  38,  in  the  De- 
partment of  Public  Works,  Public  Buildings  Unit. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Very  truly, 

WM.  C.  BUSER, 

City   Controller. 

January  29,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — Attached  hereto  kindly  find  copies  of  an  ordinance 
transferring  the  sum  of  $75.00  from  the  Department  of  Public 
Safety,  Weights  and  Measures  Unit,  known  as  Fund  No.  72,  and 
reappropriating  the  same  to  Fund  No.  38,  in  the  samfe  Unit;  also 
transferring  the  sum  of  $25.00  from  the  Department  of  Public 
Safety,  Weights  and  Measures  Unit,  known  as  Fund  No.  45,  and  re- 
appropriating the  same  to  Fund  No.  36  in  the  same  Unit;  also  trans- 
ferring the  sum  of  $75.00  from  the  Department  of  Public  Safety, 
Weights  and  Measures  Unit,  known  as  Fund  No.  33,  and  reappro- 
priating the  same  to  Fund  No.  24,  in  the  same  Unit. 

I  respectfully  recommend  the  passage   of  this   ordinance. 
Respectfully  submitted, 

WM.  C.  BUSER, 

City   Controller. 

January  21,   1926. 
Mr.  William  C.  Buser,  City  Controller,  City  of  Indianapolis,  Indiana. 

Dear  Sir — I  am  directed  by  the  Board  of  Public  Works,  to  trans- 
mit to.  you  the  request  for  a  transfer  of  Two  Thousand  ($2,000.00) 
Dollars,  transferring  the  same  from  the  Department  of  Public 
Works,  Public  Buildings  Unit,  known  as  Fund  No.  25,  and  reap- 
propriating the  same  to  Fund  No.  38,  in  the  Department  of  Public 
Works,  Public  Buildings  Unit. 

Kindly  transmit  this  to  the  Common  Council,  at  the  next  meet- 
ing of  that  body  with  recommendation  that  same  be  passed. 

BOARD  OF  PUBLIC  WORKS, 

By  WAYNE  EMMELMANN, 

Executive   Secretary. 

January  29,  1926. 
Mr.  William  C.  Buser,  City  Controller,  City  of  Indianapolis,  Indiana. 
Dear  Sir — I  am  directed  by  the  Board  of  Public  Safety  to  sub- 


February  1,  1926]  city  of  Indianapolis,  ind.  27 


mit  for  your  approval  copies  of  an  ordinance  transferring  the  sum  of 
$75.00  from  the  Department  of  Public  Safety,  Weights  and  Meas- 
ures Unit,  known  as  Fund  No.  72,  and  reappropriating  the  same  to 
Fund  No.  38  in  the  same  Unit;  also  transferring  the  sum  of  $25.00 
from  the  Department  of  Public  Safety,  Weights  and  Measures  Unit, 
known  as  Fund  No.  45,  and  reappropriating  the  same  to  Fund  No.  36 
in  the  same  Unit;  also  transferring  the  sum  of  $75.00  from  the 
Department  of  Public  Safety,  Weights  and  Measures  Unit,  known  as 
Fund  No.  33,  and  reappropriating  the  same  to  Fund  No.  24  in  the 
same  Unit. 

Kindly  transmit  this  ordinance  to  the  Common  Council  with 
recommendation  for  passage  at  the  next  meeting  of  that  body. 

Respectfullly  submitted, 

BOARD  OF  PUBLIC  SAFETY, 

By  CLAUDE  C.  McCOY, 

Executive  Secretary. 

January  28,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — In  compliance  with  Property  Sale  Resolution  No. 
1,  1926,  of  the  Board  of  Park  Commissioners  of  the  Department  of 
Public  Parks,  of  the  City  of  Indianapolis,  Indiana,  I  herewith  sub- 
mit to  your  honorable  body   Special   Ordinance   No.   ,    1926, 

for  the  sale  of  certain  real  estate  now  a  part  of  the  Park  and  Boule- 
vard system  of  the  City  of  Indianapolis,  which  is  no  longer  needed 
or  desired  for  the  use  of  the  Department  of  Public  Parks,  for  park 
and  boulevard  purposes,  as  follows: 

The  south  half  of  Lot  Twenty-four  (24)  of  Marion 
Highlands  Addition,  being  25  feet  by  132  feet  at  the  south- 
east corner  of  Maple  Road  and  Central  Avenue,  in  the 
City  of  Indianapolis,  Indiana. 

Respectfully  submitted, 

DEPARTMENT  OF  PUBLIC  PARKS, 
BOARD  OF  PARK  COMMISSIONERS, 

By  NEWTON  J.  McGUIRE, 

Attorney. 

REPORTS   FROM   COMMITTEES 

Indianapolis,  Ind.,  February  1,  1926. 

To  the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance,  to  whom  was 
referred  General  Ordinance  No.  2,  1926,  entitled  "An  Ordinance 
authorizing  the  City  of  Indianapolis  to  make  a  Temporary  Loan  or 
Loans,  for  the  use  of  the  Board  of  Health  of  the  City  of  Indianapolis, 
Indiana,  in  anticipation  of  its  current  revenues  and  payable  out  of 
the  current  revenues;  of  said  Board  of  Health  for  the  year  1926, 
authorizing  the  rate  of  interest  to  be  charged  therefor,  providing  for 


28  city  of  Indianapolis,  ind.  [Regular  Meeting 


legal  notice  and  fixing  a  time  when  the  same  shall  take  effect,"  beg 
leave  to  report  that  we  have  had  said  ordinance  under  consideration, 
and  recommend  that  the  same  be  now  passed  by  the  Common 
Council. 

0.  RAY  ALBERTSON,  Chairman. 

O.  E.  BARTHOLOMEW, 

WALTER  R.   DORSETT, 
CLAUDE  E.  NEGLEY 

AUSTIN  H.  TODD. 

INTRODUCTION  OF  GENERAL  AND  SPECIAL  ORDINANCES 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  8,  1926. 

AN  ORDINANCE  authorizing  the  City  Controller  to  make  a  Tem- 
porary Loan  or  Loans  in  the  sum  of  Four  Hundred  Thousand 
($400,000.00)  Dollars  in  anticipation  of  current  revenues 
appropriating  the  sum  of  Four  Hundred  and  Ten  Thousand 
($410,000.00)  Dollars  for  the  payment  thereof  and  fixing  a 
time  when  the  same  shall  take  effect. 

WHEREAS,  the  City  of  Indianapolis  is  now  and  will  continue 
to  be  until  the  first  day  of  April,  1926,  without  sufficient  funds  to 
pay  its  salary  pay  roll  and  other  current  expenses  and, 

WHEREAS,  the  said  current  expenses  and  said  salary  pay  rolls 
for  said  period  will  amount  to  approximately  Seven  Hundred 
Thousand    ($700,000.00)    Dollars  and, 

WHEREAS,  in  anticipation  of  collection  of  sufficient  licenses 
and  fees  together  with  advance  payment  of  taxes  to  make  up  the 
difference  between  the  Four  Hundred  Thousand  ($400,000.00) 
Dollar  Temporary  Loan  and  the  estimated  expense  of  Seven  Hundred 
Thousand    ($700,000.00)    Dollars,   Now  Therefore 

Be   it   Ordained   by   the   Common   Council   of   the   City   of  Indianapolis, 
Indiana: 

Section  1.  That  the  City  Controller  be  and  is  hereby  authorized 
and  empowered  to  negotiate  a  Temporary  Loan  or  Loans  in  anticipa- 
tion of  the  current  revenues  of  said  city  actually  levied  and  in  course 
of  collection  for  the  fiscal  year  1926,  not  exceeding  a  total  sum  of 
Four  Hundred  Thousand  ($400,000.00)  Dollars,  for  a  period  not 
exceeding  four  (4)  months,  at  a  rate  of  interest  not  exceeding 
six  per  cent  per  annum.  The  City  Controller  is  further 
authorized  and  empowered  to  negotiate  such  loan  or  loans,  in  such 
amounts  and  at  such  times  as  the  City  Controller  may  deem  neces- 
sary provided  that  no  part  of  such  loan  or  loans,  shall  be  miade  to 
extend  beyond  the  period  hereinbefore  mentioned.  After  the 
publication  of  the  notice  of  the  determination  herein  made  to  issue 
bonds  or  other  evidence  of  indebtedness  for  such  temporary  loan  or 
loans  and  as  provided  in  this  ordinance,  said  loan  or  loans  shall  be 
let  to  the  lowest  bidder  at  competitive  bidding  on  the  annual  rate 
of  interest  under  conditions  prescribed  in  notice  of  the  same,  which 
shall  be  published  for  at  least  one  day,  in  at  least  one  daily  paper  of 
said  city.    The  Mayor  and  City  Controller  are  hereby  authorized  and 


February  1,  1926]  city  of  Indianapolis,  ind.  29 


directed  to  execute  the  proper  obligations  of  the  City  of  Indianapolis 
for  the  amount  so  borrowed,  and  to  the  payment  of  such  obligations, 
the  faith  of  the  city  is  hereby  irrevocably  pledged. 

Section  2.  The  Mayor,  City  Controller  and  Corporation  Counsel 
are  hereby  authorized  and  directed  to  publish  notice  of  the  deter- 
mination herein  made  to  issue  the  bonds  or  other  evidence  of  indebt- 
edness for  such  temporary  loan  or  loans,  as  required  by  law. 

Section  3.  That  there  be  and  is  hereby  appropriated  out  of  the 
current  revenues  for  the  fiscal  year  1926,  to  the  Department  of 
Finance,  the  sum  of  Four  Hundred  and  Ten  Thousand  ($410,000.00) 
Dollars,  and  the  same  is  hereby  pledged  for  the  purpose  of  the  pay- 
ment of  said  loan  or  loans,  at  such  times  as  the  same  shall  become 
due. 

Section  4.  This  ordinance  shall  be  in  full  force  and  effect  iVom 
and  after  it  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  9,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  Two  Thousand  ($2,000) 
Dollars,  from  the  fund  in  the  Department  of  Public  Works, 
Public  Buildings  Unit,  known  as  Fund  No.  25,  and  reappro- 
priating  the  same  to  Fund  No.  38,  in  the  Department  of  Public 
Works,  Public  Buildings  Unit,  and  declaring  a  time  when  the 
same  shall  take  effect. 

Be   it   Ordained   by   the   Common   Council   of   the   City   of  Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  Two  Thousand  ($2,000.00)  Dollars, 
in  the  fund  known  as  l^und  No.  25,  in  the  Department!  of  Public 
Works,  Public  Buildings  Unit,  be  and  the  same  is  hereby  trans- 
ferred and  reappropriated  to  the  fund  known  as  Fund  No.  38,  in  the 
department  of  Public  Works,  Public  Building's  Unit. 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Works. 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  10,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  Seventy -five  ($75.00) 
Dollars,  from  the  fund  in  the  Department  of  Public  Safety, 
Weights  and  Measures  Unit,  known  as  Fund  No.   72,  and  re- 


30  ctty  of  Indianapolis,  IND.  [Regular  Meeting 


appropriating  the  same  to  Fund  No.  38,  in  the  Department  of 
Pub.ij  Safety,  Weights  and  Measures  Unit,  and 

Transferring  the  sum  of  Twenty -five  ($25.00)  Dollars  from 
the  fund  in  the  Department  of  Public  Safety,  Weights  and 
Measures  Unit,  known  as  Fund  No.  45,  and  reappropriating  the 
same  to  Fund  No.  36  in  the  Department  of  Public  Safety, 
We  ghts  and  Measures  Unit,  and 

Transferring  the  sum  of  Seventy -five  ($75.00)  Dollars 
from  the  fund  in  the  Department  of  Public  Safety,  Weights  and 
Measures  Unit,  known  as  Fund  No.  33,  and  reappropriating  the 
same  to  Fund  No.  24  in  the  Department  of  Public  Safety, 
Weights  and  Measures  Unit,  and  declaring  a  time  when  the 
same  shall  take  effect. 

Be   it   Ordained   by   the   Common   Council   of   the   City   of  Indianapolis, 
Indiana : 

Section  1.  That  the  sum  of  Seventy-five  ($75.00)  Dollars  in 
the  fund  known  as  Fund  No.  72  in  the  Department  of  Public  Safety, 
Weights  and  Measures  Unit,  be  and  the  same  is  hereby  transferred 
and  reappropriated  to  the  fund  known  as  Fund  No.  38  in  the  Depart- 
ment of  Public  Safety,  Weights  and  Measures  Unit,  and 

That  the  sum  of  Twenty-five  ($25.00)  Dollars  in  the  fund 
known  as  Fund  No.  45  in  the  Department  of  Public  Safety,  Weights 
and  Measures  Unit,  be  and  the  sanle  is  hereby  transferred  and  re- 
appropriated  to  the  fund  known  as  Fund  No.  36  in  the  Department 
of  Public  Safety,  Weights  and  Measures  Unit,  and 

That  the  sum  of  Seventy-five  ($75.00)  Dollars  in  the  fund 
known  as  Fund  No.  33  in  the  Department  of  Public  Safety,  Weights 
and  Measures  Unit,  be  and  the  same  is  hereby  transferred  and  re- 
appropriated  to  the  fund  known  as  Fund  No.  24  in  the  Department 
of  Public  Safety,  Weights  and  Measures  Unit. 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Safety. 

By  Dr.  Todd: 

GENERAL  ORDINANCE  NO.   11,   1926. 

AN  ORDINANCE  authorizing  and  creating  the  position  of  Attorney 
for  the  Common  Council  of  the  City  of  Indianapolis,  defining 
his  duties,  fixing  the  salary  thereof  and  designating  the  time 
when  the  same  shall  take  effect. 

Be   it   Ordained   by   the   Common   Council   of  the   City   of  Indianapolis-, 
Indiana : 

Section  1.  That  there  is  hereby  created  and  anthorized  the 
position  of  Attorney  for  the  Common  Council  of  the  City  of  Indi- 
anapolis, Indiana,  the  same  to  be  filled  by  appointment  by  the  Presi- 


February  1,  1926]  city  of  Indianapolis,  ind.  31 


dent  of  the  Common  Council,  said  appointment  to  be  ratified  by  a 
majority  of  the  members  thereof. 

Section  2.  It  shall  be  the  duty  of  such  Attorney  to  assist  in  all 
legal  matters  pertaining  to  the  supervision  and  investigations  by 
said  City  Council  of  all  the  departments,  officers  and  employees  of 
the  government  of  the  City  of  Indianapolis,  Indiana,  and  in  the 
examination  of  any  charges  preferred  against  any  department,  offi- 
cer or  employee  of  said  city  or  in  the  examination  of  the  affairs  of 
any  corporation,  firm  or  person  in  which  the  city  may  be  interested 
or  with  which  it  may  have  entered  into  a  contract  or  may  be  about 
to  enter  into  a  contract. 

It  shall  be  the  further  duty  of  such  attorney  to  render  legal 
assistance  to  the  Common  Council  as  it  shall  require  in  the  dis- 
charge of  its  duties  with  respect  to  such  supervision  and  investiga- 
tions or  any  written  charges  by  such  council  growing  out  thereof. 

Section  3.  The  salary  of  the  Attorney  for  the  Common  Council 
of  Indianapolis,  Indiana,  shall  be  and  is  hereby  fixed  at  Fifteen  Hun- 
dred ($1,500.00)  Dollars  per  annum  and  he  shall  give  bond  with 
surety  in  the  sum  of  Five  Thousand  ($5,000.00)  Dollars,  said  bond 
tobe  approved  by  the  President  of  the  Common  Council  of  the  City 
of  Indianapolis. 

Section  4.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

AUSTIN   H.    TODD, 

Councilman. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Law  and  Judiciary. 

By  the  Board  of  Park  Commissioners: 

SPECIAL  ORDINANCE  NO.  1,  1926. 

AN  ORDINANCE  authorizing  the  sale,  alienation  and  conveyance 
of  real  estate  by  the  Board  of  Park  Commissioners  of  the 
Department  of  Public  Parks  of  the  City  of  Indianapolis,  and 
fixing  a  time  when  the  same  shall  take  effect. 

Be   it   Ordained   by   the   Common   Council   of   the   City   of  Indianapolis, 
Indiana : 

Section  1.  That  the  Board  of  Park  Commissioners  is  hereby 
authorized  to  sell,  alienate  and  convey  for  cash,  at  public  or  private 
sale,  for  not  less  than  the  appraised  value  which  value  is  to  be  here- 
inafter determined  by  appraisers  appointed  by  the  Judge  of  the 
Circuit  Court  of  Marion  County,  Indiana,  as  required  by  law,  of  the 
following  described  real  estate  in  Indianapolis,  Marion  County, 
Indiana,   to-wit : 

•       The  south  half  of  Lot  No.   (24)   Twenty-four,  of  Marion  High- 
lands, an  addition  to  the  City  of  Indianapolis,  Indiana. 

That  said  real  estate  shall  be  sold  at  public  or  private  sale  upon 
such  notice  or  notices,  as  the  Board  of  Park  Commissioners  may  de- 
termine. 


32 


CITY   OF  INDIANAPOLIS,  IND. 


[Regular  Meeting 


Section  2.    This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval  by  the  Mayor. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Parks. 


ORDINANCES  ON  SECOND  READING 

Mr.  Albertson  called  for  General  Ordinance  No.  2 
for  second  reading.    It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr. 
Dorsett,  General  Ordinance  No.  2  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  2  was  read  a  third  time  by  the 
Clerk  and  passed  by  the  following  vote : 

Ayes,  8,  viz. :  Messrs.  Dorsett,  Negley,  Albertson, 
Todd,  Bartholomew,  Springsteen,  Ferguson  and  Presi- 
dent Boynton  J.  Moore. 

Mr.  Bartholomew  called  for  Resolution  No.  1  for 
second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew  Resolution  No.  1, 
1926,  was  adopted  by  the  following  vote : 

Ayes,  8,  viz.:  Messrs.  Dorsett,  Negley,  Albertson, 
Todd,  Bartholomew,  Springsteen,  Ferguson  and  Presi- 
dent Boynton  J.  Moore. 

On  motion  of  Mr.  Bartholomew  the  Common  Council 
at  7:50  o'clock  p.  m.,  adjourned. 


President. 


Attest : 


City  Clerk. 


February  8,    1926]        -  city  of  Indianapolis,  ind.  33 


SPECIAL  MEETING 

Monday,  February  8,  1926,  7:30  p.  m. 
The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  February  8,  1926,  at  7:30  p.  m., 
in  special  session,   President  Boynton   J.    Moore   in  the 
chair,  pursuant  to  the  following  call : 

To  the  Members  of  the  Common  Council,  Indianapolis,  Indiana: 

Gentlemen — You  are  hereby  notified  that  there  will  be  a  spe- 
cial meeting  of  the  Common  Council  held  in  the  Council  Chamber  on 
Monday  evening,  February  8,  1926,  at  7:30  o'clock  p.  m. 

The  purpose  of  such  meeting  being  to  receive  communications 
from  the  Mayor  or  City  Controller  of  said  City  and  for  the  consider- 
ation of  General  Ordinances  Nos.  5,  6,  8,  9,  10  and  11. 

Respectfully, 

BOYNTON  J.  MOORE. 

I,  William  A.  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served 

the  above  and  foregoing  notice  to  each  and  every  member  of  the 

Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WILLIAM  A.  BOYCE,  Jr., 

City  Clerk. 

Which  was  read. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and 
seven  members,  viz. :  Walter  R.  Dorsett,  Claude  E.  Neg- 
ley,  O.  Ray  Albertson,  Dr.  Austin  H.  Todd,  Otis  E.  Bar- 
tholomew, Robert  E.  Springsteen  and  Edward  B.  Raub. 

Absent:    Millard  W.  Ferguson. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Dorsett. 

COMMUNICATIONS  FROM   THE   MAYOR 

January  19,  1926. 
To   the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana : 

Gentlemen — I  have  today  approved  with  my  signature  and 
delivered  to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No. 
4,  1926 — "An  Ordinance  to  amend  Sub-section  N,  entitled  Police 
force  under  Department  of  Public  Safety,  of  Section  608  entitled 
Designation  of  Officers  and  employees,  of  General  Ordinance  No. 
121,  1925,  being  an  ordinance  concerning  the  government  of  the 
City  of  Indianapolis,  providing  penalties  for  its  violation  and  with 
stated  exceptions  repealing  all  former  ordinances." 

Yours  very  truly, 

J.  L.  DUVALL. 


34  journal  of  common  council  [Special  Meeting 


February  2,  1926. 
To  the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  Resolution  No.  1,  passed 
by  the  Council  February  1,  1926,  and  General  Ordinance  No.  2,  1926, 
"An  ordinance  authorizing  the  City  to  make  a  Temporary  Loan  or 
Loans  for  the  use  of  the  Board  of  Health  of  the  City  of  Indianapolis, 
Indiana,  in  anticipation  of  its  current  revenues  of  said  Board  of 
Health  for  the  year  1926,  authorizing  the  rate  of  interest  to  be 
charged  therefore,  providing  for  legal  notice  and  fixing  a  time  when 
the  same  shall  take  effect." 

J.  L.  DUVALL, 

Mayor. 

REPORTS   FROM   STANDING   COMMITTEES 

Indianapolis,  Ind.,  February  6,  1926. 
To   the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana : 

Gentlemen — We,  your  Committee  on  Finance  to  whom  wao 
referred  General  Ordinance  No.  5,  1926,  entitled  "An  Ordinance 
transferring  the  sum  of  Five  Hundred  ($500.00)  Dollars,  from  the 
fund  in  the  Department  of  Public  Safety,  Electrical  Unit  known  as 
Fund  No.  44,  and  reappropriating  the  same  to  Fund  No.  36,  in  the 
Department  of  Public  Safety,  Administrative  Unit,  and  declaring  a 
time  when  the  same  shall  take  effect,"  beg  leave  to  report  we  have 
had  said  ordinance  under  consideration,  and  recommend  that  the 
same  be  passed. 

O.  RAY  ALBERTSON,  Chairman 
WALTER  R.  DORSETT 
CLAUDE  E.  NEGLEY 
OTIS   E.   BARTHOLOMEW 
AUSTIN  H.  TODD. 

Indianapolis,  Ind.,  February  6,  1926. 
To   the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Gentlemen — We.  your  Committee  on  Finance  to  whom  was 
referred  General  Ordinance  No.  8,  1926,  entitled  "An  Ordinance 
authorizing  the  City  Controller  to  irfake  a  Temporary  Loan  or  Loans 
in  the  sum  of  Four  Hundred  Thousand  ($400,000.00)  Dollars  in 
anticipation  of  current  revenues  appropriating  the  sum  of  Four 
Hundred  and  Ten  Thousand  ($410,000.00)  Dollars  for  the  payment 
thereof  and  fixing  a  time  when  the  same  shall  take  effect,"  beg 
leave  to  report  that  we  have  had  said  ordinance  under  consideration, 
and  recommend  that  the  same  be  passed. 

O.  RAY  ALBERTSON,  Chairman 
WALTER  R.  DORSETT 
CLAUDE  E.  NEGLEY 
OTIS  E.  BARTHOLOMEW 
AUSTIN  H.  TODD. 

Indianapolis,  Ind.,  February  6,  1926. 
To  the  President  and  Members  of  the  Common  Council  of  the  City  of 

Indianapolis,  Indiana: 

Gentlemen — We  your  Committee  on  Public  Works  to  whom  was 
referred   General  Ordinance   No.   9,   1926,   entittled   "An   Ordinance 


February  8,    1926]  city  of  Indianapolis,  ind.  35 


transferring  the  sum  of  Two  Thousand  ($2,000.00)  Dollars,  from  the 
fund  in  the  Department  of  Public  Works,  Public  Buildings  Unit, 
Known  as  Fund  No.  25,  and  reappropriating  the  same  to  Fund  No. 
38,  in  the  Department  of  Public  Works,  'Public  Buildings  Unit,'  and 
declaring  a  time  when  the  same  shall  take  effect,"  beg  leave  to  report 
that  we  have  had  said  ordinance  under  consideration,  and  recommend 
that  the  same  be  passed. 

WALTER  R.  DORSETT,  Chairman 
OTIS  E.  BARTHOLOMEW 
CLAUDE   E.  NEGLEY 
AUSTIN  H.  TODD 
O.  RAY  ALBERTSON. 

Indianapolis,  Ind.,  F'ebruary  6,  1926. 

To   the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana : 

Gentlemen — We,  your  Committee  on  Public  Safety  to  whom 
was  referred  General  Ordinance  No.  6,  1926,  entitled,  "An  Ordinance 
transferring  the  [,um  of  One  Hundred  and  Fifty  ($150.00)  Dollars 
from  the  fund  in  the  Department  of  Public  Safety,  Electrical  Unit, 
known  as  Fund  No.  44,  and  reappropriating  the  same  to  Fund  No. 
26  in  the  Department  of  Public  Safety,  Administration  Unit,  and 
declaring  a  time  when  the  same  shall  take  effect,"  beg  leave  to  report 
that  we  have  had  said  ordinance  under  consideration,  and  recom- 
mend that  the  same  be  passed. 

CLAUDE  E.  NEGLEY,  Chairman 
OTIS  E.  BARTHOLOMEW 
WALTER  R.  DORSETT 
AUSTIN  H.  TODD. 

Indianapolis,  Ind.,  February  6,  1926. 

To   the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Public  Safety  to  whom 
was  referred  General  Ordinance  No.  10,  1926,  entitled  "An  Ordin- 
ance transferring  the  sum  of  Seventy-five  ($75.00)  Dollars  from 
the  fund  in  the  Department  of  Public  Safety,  Weights  and  Mea- 
sures Unit,  known  as  Fund  No.  72,  and  reappropriating  the  same  to 
Fund  No.  38  in  the  Department  of  Public  Safety,  Weights  and  Mea- 
sures Unit,  and  transferring  the  sum  of  Twenty-five  ($25.00)  Dol- 
lars from  the  fund  in  the  Department  of  Public  Safety,  Weights  and 
Measures  Unit  known  as  Fund  No.  45,  and  reappropriating  the  same 
to  Fund  No.  36  in  the  Department  of  Public  Safety,  Weights  and 
Measures  Unit;  and  transferring  the  sum  of  Seventy-five  ($75.00) 
Dollars  from  the  fund  in  the  Department  of  Public  Safety,  Weights 
and  Measures  Unit,  known  as  Fund  No.  33,  and  reappropriating  the 
same  to  Fund  No.  24  in  the  Department  of  Public  Safety,  Weights 
and  Measures  Unit,  and  declaring  a  time  when  the  same  shall  take 
effect,"  beg  leave  to  report  that  we  have  had  said  ordinance  under 
consideration,  and  recommend  that  the  same  be  passed. 

CLAUDE  E.  NEGLEY,  Chairman 
OTIS  E.  BARTHOLOMEW 
WALTER  R.  DORSETT 
AUSTIN  H    TODD. 


36  journal  of  common  council  [Special   Meeting 


Indianapolis,  Ind.,  February  6,  1926. 
To  the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana : 

Gentlemen — We,  your  Commitee  on  Law  and  Judiciary  to  whom 
was  referred  General  Ordinance  No.  11,  1926,  entitled  "An  Ordin- 
ance authorizing  and  creating-  the  position  of  Attorney  for  the 
Common  Coluncil  of  the  City  of  Indianapolis,  defining  his  duties, 
fixing  the  salary  thereof  and  designating  the  time  when  the  same 
shall  take  effect,"  beg  leave  to  report  that  we  have  had  said  ordin- 
ance under  consideration,  and  recommend  that  the  same  be  called 
down  for  second  reading. 

AUSTIN  H.   TODD,   Chairman 
OTIS  E.  BARTHOLOMEW 
CLAUDE  E.  NEGLEY. 

On  call  of  Mr.  Dorsett,  General  Ordinance  No.  9  was 
read  a  second  time  by  the  Clerk. 

On  motion  of  Mr.  Dorsett,  seconded  by  Mr.  Negley, 
General  Ordinance  No.  9  was  ordered  engrossed,  read  a 
third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  9  was  read  a  third  time  by  the 
Clerk  and  passed  by  the  following  vote: 

Ayes,  8,  viz. :  Messrs.  Dorsett,  Negley,  Albertson, 
Todd,  Bartholomew,  Springsteen,  Raub  and  President 
Boynton  J.  Moore. 

On  call  of  Dr.  Todd,  General  Ordinance  No.  5  was 
read  a  second  time  by  the  Clerk. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  5  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  5  was  read  a  third  time  by  the 
Clerk  and  passed  by  the  following  vote : 

Ayes,  8,  viz. :  Messrs.  Dorsett,  Negley,  Albertson, 
Todd,  Bartholomew,  Springsteen,  Raub  and  President 
Boynton  J.  Moore. 

On  call  of  Mr.  Bartholomew,  General  Ordinance  No. 
6  was  read  a  second  time  by  the  Clerk. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Dor- 


! 


"February  8,    1926]  city  of  indtanapolis,  ind.  37 

sett,  General  Ordinance  No.   6  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  6  was  read  a  third  time  by  the 
Clerk  and  passed  by  the  following  vote: 

Ayes,  8,  viz. :  Messrs.  Dorsett,  Negley,  Albertson, 
Todd,  Bartholomew,  Springsteen,  Eaub  and  President 
Boynton  J.  Moore. 

On  call  of  Mr.  Springsteen,  General  Ordinance  No.  8 
was  read  a  second  time  by  the  Clerk. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  8  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  8  was  read  a  third  time  by  the 
Clerk  and  passed  by  the  following  vote : 

Ayes,  8,  viz. :  Messrs.  Dorsett,  Negley,  Albertson, 
Todd,  Bartholomew,  Springsteen,  Eaub  and  President 
Boynton  J.  Moore. 

On  call  of  Mr.  Negley,  General  Ordinance  No.  10  was 
read  a  second  time  by  the  Clerk. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr. 
Negley,  General  Ordinance  No.  10  was  ordered  en- 
grossed, read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  10  was  read  a  third  time  by 
the  Clerk:  and  passed  by  the  following  vote : 

Ayes,  8,  viz. :  Messrs.  Dorsett,  Negley,  Albertson, 
Todd,  Bartholomew,  Springsteen,  Eaub  and  President 
Boynton  J.  Moore. 

On  call  of  Dr.  Todd,  General  Ordinance  No.  11  was 
read  a  second  time  by  the  Clerk. 

Dr.  Todd  asked  and  received  permission  from  the 
President  of  the  Council  at  this  time  to  make-  some  ex- 
tended remarks  on  General  Ordinance  No.  11.  Dr  Todd 
requested  the  Clerk  to  read  two  newspaper  clippings 
showing  a  contradictory  legal  opinion  rendered  by  the 
Corporation  Counsel.    The  excerps  follow: 


3S  journal  of  common  council  [Special   Meeting 

January  23,  1926. 
WAY  MAY  BE  FOUND  TO  PAY  $200,000  DEBTS 


Rucker  to  Rule  On  Emergency  Outside  Budget 


NEW  CITY  JOBS  PROBABLE 


Alvah  J.  Rucker,  city  corporation  counsel,  indicated 
Thursday,  in  advance  of  a  written  opinion  he  is  preparing,, 
that  financial  emergencies  not  provided  for  in  the  city 
budget  may  be  met  legally. 

In  giving  this  opinion  Rucker  will  open  the  way  for  the 
building  department  to  place  on  the  pay  roll  several  inspec- 
tors designated  in  the  new  building  code,  but  not  provided 
for  in  the  1926  budget,  and  will  also  provide  a  basis  for  the 
city  to  pay  debts  accumulated  under  the  preceding  adminis- 
tration, amounting  to  nearly  $200,000.  There  is  also  the 
possibility  that  the  opinion  may  be  construed  by  Mayor 
John  L.  Duvall  and  members  of  the  board  of  safety  to  mean 
that  more  than  100  patrolmen,  now  under  suspension  be- 
cause the  budget  does  not  provide  salaries  for  them,  may 
be  put  to  work. 

Outside  Appropriations. 

Pointing  out  that  the  last  act  passed  by  the  state  legis- 
lature pertaining  to  city  budgets  does  not  place  any  re- 
strictions on  making  expenditures  outside  the  budget,  but 
simply  specifies  that  one  must  be  made,  Rucker  said  that  he 
would  recommend  that  the  city  conduct  its  financial  opera- 
tions in  conformity  to  a  previous  budget  law  which  specifies 
that  appropriations  may  be  made,  outside  the  budget,  to 
pay  salaries  for  offices  created  by  ordinance,  to  pay  judg- 
ments against  the  city  and  to  meet  other  real  emergencies. 

"I  have  made  an  exhaustive  study  of  the  budget  laws 
in  other  states  and  of  our  own  laws  on  the  subject,  and  can 
find  no  provision  which  requires  the  city  to  adhere  strictly 
to  the  budget,"  Rucker  said. 

He  expects  to  have  the  formal  opinion  ready  for  pre- 
sentation to  Mayor  John  L.  Duvall  and  William  C.  Buser, 
City  Controller,  within  a  few  days. 


February  2,  1926. 
PLAN  FOR  CITY  COUNCIL  ATTORNEY  AGAIN  HIT. 


Rucker  Gives  Adverse  Opinion  on  Renewed  Attempt. 


HEALTH  LOAN  APPROVED. 


A-  renewed  attempt  to  provide  an  attorney  exclusively 
for  the  City  Council,  apart  from  the  other  members  of  the 
city  legal  department,  received  a  setback  Tuesday  when 
Alvah  J.  Rucker,  corporation  counsel,  in  reply  to  a  question 
concerning  the  legality  of  the  plan,  reiterated  a  former 
opinion  that  the  controller  could  not  legally  pay  a  war- 
rant drawn  for  the  services  of  such  an  official. 


February  3,    1926]  city  of  Indianapolis,  ind.  39 


William  C.  Buser,  city  controller,  would  be  liable 
under  his  bond  in  the  event  he  paid  such  a  warrant,  Rucker 
said.  The  opinion  was  based  on  the  lack  of  provision  for 
such  an  official  in  the  1926  budget. 

An  ordinance  was  introduced  by  Dr.  Austin  Todd  at 
the  session  Monday  night  providing  for  the  employment  of 
an  attorney  for  the  council  at  a  salary  of  $1,500  a  year. 
Stricken  From  Files. 

A  similar  ordinance  had  been  stricken  from  the  files 
last  month  after  it  was  found  that  no  provision  was  made 
in  the  budget,  for  the  payment  of  such  an  official. 

Dr.  Todd  explained  that  other  city  departments,  such 
as  the  zoning  commission  and  the  park  •  department,  had 
their  own  legal  counselors  and  asserted  the  city  council 
might  be  embarrassed  if  it  was  forced  to  depend  on  the  cor- 
poration counsel  and  city  attorney  during  an  investigation 
of  some  city  department,  should  such  an  occassion  arise. 


Dr.  Todd  also  read  a  letter  from  the  Corporation 
Counsel  in  which  the  Corporation  Counsel  expressed  his 
legal  opinion  that  the  Common  Council  of  the  City  of 
Indianapolis  had  no  authority  to  create  the  position  of 
attorney  to  the  Council  except  where  an  emergency  exists 
in  line  of  its  duty  to  investigate  and  examine  into  the 
functioning  of  the  various  city  departments. 

Mr.  Kaub  followed  Dr.  Todd  with  a  brief  talk  oppos- 
ing the  adoption  of  General  Ordinance  No.  11,  stating 
that  no  emergency  exists  necessitating  the  creation  of 
such  an  office  as  attorney  to  the  Council.  Before  adjourn- 
ment, President  Moore  of  the  Council  asked  the  Clerk  to 
read  a  public  statement  he  had  prepared  which  follows: 

February  8,  1926. 
Members  of  the  Council,  Ladies  and  Gentlemen: 

I  wish  at  this  time  to  make  a  public  statement  in  behalf  of  the 
Common  Council  of  Indianapolis.  By  our  action  tonight  in  passing 
these  five  ordinances  requested  by  the  Executive  Departments-  of 
the  City  we  have  shown  that  we  do  not  desire  to  handicap  or  embar- 
rass the  city  administration.  It  had  always  been  the  intentions  of 
the  majority  of  this  Council  to  carry  out  to  the  letter  the  three 
major  campaign  promises  of  this  administration,  namely:  economy, 
efficiency  and  strut  law  enforcement. 

Now  that  this  Council  has  demonstrated  its  willingness  to  co- 
operate with  the  Executive  branch  of  the  government  we  trust  that 
the  Executive  department  from  the  Mayor  on  down  will  likewise 
demonstrate  their  willingness  to  co-operate  with  this  Council  in  its 
efforts  to  promote  efficiency  throughout  the  various  departments  of 
the  city  government. 

BOYNTON  J.  MOORE. 


40 


JOURNAL    OF    COMMON    COUNCIL 


[Special   Meeting ; 


Upon  the  completion  of  the  reading  of  the  statement 
by  the  Clerk,  Mr.  Raub  made  a  motion  to  have  the  same 
stricken  from  the  files  which  was  seconded  by  Mr.  Spring- 
steen and  when  put  to  a  vote  failed  to  pass  by  the  follow- 
ing vote : 

Ayes,  2,  viz. :    Messrs.  Raub  and  Springsteen. 

Noes,  6,  viz. :  Messrs.  Dorsett,  Negley,  Albertson, 
Todd,  Bartholomew  and  President  Boynton  J.  Moore. 

On  motion  of  Mr.  Dorsett,  seconded  by  Mr.  Bartholo- 
mew, the  Common  Council  of  the  City  of  Indinapolis,  at 
8:40  o'clock  p.  m.,  adjourned. 


President. 


Attest 


City  Clerk. 


February  15,  1926]         city  of  Indianapolis,  ind.  41 


REGULAR  MEETING 

Monday,  February  15,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  February  15,  1926,  at  7  :30  p.  m., 
in  regular  session,  President  Boynton  J.  Moore  in  the 
chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and  five 
members,  viz. :  Walter  R.  Dorsett,  Claude  E.  Negley, 
Austin  H.  Todd,  Otis  E.  Bartholomew  and  Robert  E. 
Springsteen. 

Absent:  Millard  W.  Ferguson,  Edward  B.  Raub  and 
O.  Ray  Albertson. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Dorsett. 

COMMUNICATIONS  FROM   THE   MAYOR 

February  9,  1926. 

To   the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana : 

Gentlemen — I  have  today  approved  with  my  signature  the 
following  ordinances  and  delivered  same  to  Wm.  A.  Boyce,  Jr.,  City 
Clerk: 

General  Ordinance  No.  5,  1926 — "An  Ordinance,  transferring 
the  sum1  of  Five  Hundred  ($500.00)  Dollars  from  the  fund  in  the 
Department  of  Public  Safety,  Electrical  Unit,  known  as  Fund  No. 
44,  and  reappropriating  the  same  to  Fund  No.  36  in  the  Department 
of  Public  Safety,  Administration  Unit,  and  declaring  a  time  when 
the  same  shall  take  effect." 

General  Ordinance  No.  6,  1926 — "An  Ordinance,  transferring 
the  sum  of  One  Hundred  and  Fifty  ($150.00)  Dollars  from  the  fund 
in  the  Department  of  Public  Safety,  Electrical  Unit,  known  as  Fund 
No.  44,  and  reappropriating  the  same  to  Fund  No.  26  in  the  Depart- 
ment of  Public  Safety,  Administration  Unit,  and  declaring  a  time 
when  same  shall  take  effect." 

General  Ordinance  No.  8,  1926 — "An  Ordinance,  authorizing 
the  City  Controller  to  make  a  Temporary  Loan  or  Loans  in  the  sum 
of  Four  Hundred  Thousand  ($400,000)  Dollars  in  anticipation  of 
current  revenues  appropriating  the  sum  of  Four  Hundred  and  Ten 
Thousand  ($410,000)  Dollars  for  the  payment  thereof  and  fixing  a 
time  when  the  same  shall  take  effect. 


42  journal  OF  common  council         [Regular  Meeting 


"Whereas,  the  City  of  Indianapolis  is  now  and  will  continue  to 
be  until  the  first  day  of  April,  1926,  without  sufficient  funds  to  pay 
its  salary  payroll  and  other  current  expenses,  and 

"Whereas,  the  said  current  expenses  and  said  salary  payrolls 
for  said  period  will  amount  to  approximately  Seven  Hundren  Thou- 
sand   ($700,000)    Dollars,  and 

"Whereas,  in  anticipation  of  collection  of  sufficient  licenses  and 
fees  together  with  advance  payment  of  taxes  to  make  up  the  differ- 
ence between  the  Four  Hundred  Thousand  ($400,000)  Dollar  Tem- 
porary Loan  and  the  estimated  expense  of  Seven  Hundred  Thousand 
($700,000)  Dollars." 

General  Ordinance  No.  9,  1926 — "An  Ordinance,  transferring 
the  sum  of  Two  Thousand  ($2,000)  Dollars  from  the  fund  in  the 
Department  of  Public  Works,  Public  Buildings  Unit,  known  as  Fund 
No.  25,  and  reappropriating  the  same  to  Fund  No.  38,  in  the  Depart- 
ment of  Public  Works,  Public  Buildings  Unit,  and  declaring  a  time 
when  the  same  shall  take  effect." 

General  Ordinance  No.  10,  1926 — "An  Ordinance,  transferring 
the  sum  of  Seventy-five  ($75)  Dollars  from  the  fund  in  the  Depart- 
ment of  Public  Safety,  Weights  and  Measures  Unit,  known  as  Fund 
No.  72,  and  reappropriating  the  same  to  Fund  No.  38  in  the  Depart- 
ment of  Public  Safety,  Weights  and  Measures  Unit,  and 

"Transferring  the  sum  of  Twenty-five  ($25)  Dollars  from  the 
fund  in  the  Department  of  Public  Safety,  Weights  and  Measures 
Unit,  known  as  Fund  No.  45,  and  reappropriating  the  same  to  Fund 
No.  36,  in  the  Department  of  Public  Safety,  Weights  and  Measures 
Unit,  and 

"Transferring  the  sum  of  Seventy-five  ($75)  Dollars  from  the 
fund  in  the  Department  of  Public  Safety,  Weights  and  Measures 
Unit,  known  as  Fund  No.  33,  and  reappropriating  the  same  to  Fund 
No.  24  in  the  Department  of  Public  Safety,  Weights  and  Measures 
Unit,  and  declaring  a  time  when  the  same  shall  take  effect." 

Yours  very  truly, 

J.  L.  DUVALL. 

REPORTS  FROM  STANDING  COMMITTEES 

Indianapolis,  Ind.,  February  12,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Law  and  Judiciary  to 
whom  was  referred  General  Ordinance  No.  11,  1926,  entitled,  "An 
Ordinance,  authorizing  and  creating  the  position  of  Attorney  for  the 
Common  Council  of  the  City  of  Indianapolis,  denning  his  duties,  fix- 
ing the  salary  thereof  and  designating  the  time  when  the  same  shall 
take  effect,"  beg  leave  to  report  that  we  have  had  said  ordinance 
under  consideration,  and  recommend  that  the  same  be  passed. 

AUSTIN  H.   TODD,   Chairman 
CLAUDE  E.  NEGLEY 
OTIS  E.  BARTHOLOMEW. 


February  15,  1926]         city  of  Indianapolis,  ind.  43 

INTRODUCTION  OF  GENERAL  AND  SPECIAL  ORDINANCES 
By  Mr.  Negley: 

GENERAL  ORDINANCE  NO.  12,  1926 

AN  ORDINANCE  to  amend  Sub-section  M,  entitled  Fire  Force  under 
Department  of  Public  Safety,  oi  Section  608  entitled  Designa- 
tion of  Officers  and  Employees,  of  General  Ordinance  No.  121, 
1925,  being  an  ordinance  concerning  the  government  of  the 
City  of  Indianapolis,  providing  penalties  for  its  violation  and 
with  stated  exceptions  repealing  all  former  ordinances. 

Be   it   Ordained    by    the   Common   Council    of   the    City   of   Indianapolis. 
Indiana : 

Section  1.  That  Sub-section  M,  entitled  Fire  Force  under 
Department  of  Public  Safety,  of  Section  608  entitled  Designation  of 
Officers  and  Employees,  of  General  Ordinance  No.  121,  1925,  be 
amended  by  striking  out  of  said  Sub-section  M  entitled  Fire  Force 
under  Department  of  Public  Safety,  of  Section  608  entitled  Designa- 
tion of  Officers  and  Employees,  of  General  Ordinance  No.  121,  1925, 
the  following  figures  and  words:  "12.  Second  Assistant  Fire  Chief," 
and  "16.  Stenographer  (First  Grade)."  and  by  renumbering  the 
various  positions  under  Sub-section  M  entitled  Fire  Force  under 
Department  of  Public  Safety,  of  Section  608,  entitled  Designation 
of  Officers  and  Employees,  of  General  Ordinance  No.  121,  so  as  to 
conform  to  the  striking  out  of  said  positions  of  Second  Assistant 
Fire  Chief  and  Stenographer    (First  Grade). 

Section  2.  That  the  office  of  Second  Assistant  Fire  Chief  and 
the  office  of  Stenographer,  First  Grade,  of  the  Fire  Force  of  the  City 
of  Indianapolis,  Indiana,  under  the  Department  of  Public  Safety  are 
hereby  abolished. 

Section  3.  That  the  said  Sub-section  M  entitled  Fire  Force 
under  Department  of  Public  Safety  of  Section  608,  entitled  Designa- 
tion of  Officers  and  Employees,  of  General  Ordinance  No;  121,  1925, 
shall  be  amended  to  read  as  follows: 

(m)     Fire  Force  under  Department  of  Public  Safety: 

1.  *Fire  Chief. 

2.  Two  Aids  to  Chief. 

3.  Two  Assistant  Fire   Chiefs. 

4.  Ten  Battalion  Chiefs. 

5.  Ten  Aids  to  Battalion  Chiefs. 

6.  Forty-four  Captains,  one  of  whom  shall  act  as  Secretary 

to  Fire  Chief. 

7.  Fifty-nine  Lieutenants. 

8.  Four  Engineers. 

9.  One  hundred  and  fifteen  Chauffeurs. 

10.  Two  hundred  and  ninety-two  Firemen,  First  Grade. 

11.  Sixty  Substitute  -Firemen,  First  Grade. 

12.  Chief  Inspector   (Captain). 

13.  Secretary    (Lieutenant). 

14.  Seven  Inspectors  (First  Grade). 


44  journal  of  common  council         [Regular  Meeting 

Section  4.  That  the  Officers  and  Firemen  scheduled  under  items 
12,  13  and  14,  are  assigned  to  fire  prevention  duties  under  the 
supervision  and  direction  of  the  Chief  of  the  Fire  Department. 

Section  5.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Safety. 

By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  13,  1926 

AN  ORDINANCE  requiring  and  providing  for  the  issuance  of  a 
license  by  the  Board  of  Health  of  the  City  of  Indianapolis, 
Indiana,  for  the  operation  and  conducting  of  a  barber  shop, 
barber  college,  or  barber  school,  in  said  city;  providing  for  the 
payment  of  a  license  fee  therefor  to  the  City  Controller  of  said 
city;  fixing  the  amount  of  said  license  fee;  fixing  the  term  of 
said  license;  providing  rules  regulating  the  conduct  and  sanita- 
tion of  said  shop,  college  or  school,  and  the  business  or  calling 
of  conducting  the  same;  providing  for  the  appointment  of  in- 
spectors to  carry  out  the  inspection  provisions  hereof;  repeal- 
ing any  and  all  ordinances  or  parts  of  ordinances  in  conflict 
therewith;  providing  a  penalty  for  the  violation  thereof;  and 
declaring  a  time  when  the  same  shall  take  effect. 

Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 
Section  1.  It  is  hereby  declared  unlawful  for  any  person,  firm 
or  corporation  to  conduct  a  barber  shop,  barber  college,  or  barber 
school,  within  the  City  of  Indianapolis  without  having  obtained  a 
license  so  to  do  from  the  Board  of  Health  of  said  city.  The  pro- 
prietor of  any  such  shop,  college  or  school,  shall  pay  to  the  City 
Controller  a  fee  of  Three  ($3.00)  Dollars  per  annum  for  each  barber 
chair  operated  in  said  shop,  college  or  school,  and  present  a  receipt 
therefor  to  said  Board  of  Health,  together  with  his  or  her  application 
for  a  license;  which  said  application  shall  give  the  name  of  the  pro- 
prietor and  the  location  at  which  he  or  she  shall  expect  to  operate, 
or  conduct,  said  business;  upon  which  application  and  receipt  as 
aforesaid,  said  Board  of  Health  shall  issue  a  license  therefor  in  the 
name  of  the  proprietor  and  designating  the  location  of  such  shop, 
college  or  school,  with  particularity.  Any  license  so  issued  may  be 
transferred  to  a  different  location  or  assigned  to  a  new  proprietor, 
but  in  either  event  auch  license  shall  be  returned  to  the  said  Board 
for  cancellation  and  a  new  permit  issued  in  lieu  thereof  without 
additional  fee  or  charge  therefor.    All  licenses  herein  provided  for 


February  15,  1926]         city  of  Indianapolis,  ind.  45 

shall  terminate  on  the  31st  day  of  December  of  the  year  in  which  the 
same  are  issued,  and  be  renewable  from  year  to  year.  The  license  fee 
herein  stipulated  shall  be  payable  at  the  rate  thereof  per  annum. 

Section  2.  With  a  view  to  maintaining  cleanliness  and  sanitary 
conditions,  each  barber  shop,  barber  college,  and  barber  school 
within  said  city  shall  be  subject  to  and  shall  observe  the  following 
rules  and  regulations,  to  wit: 

(a)  All  shops,  colleges  and  schools,  herein  provided  for  shall 
be  open  for  inspection  during  all  business  hours  to  any  member  of 
the  Board  of  Health  or  the  inspectors  appointed  as  herein  provided. 
Aforesaid  inspectors  shall  make  inspections  as  directed  and  required 
by  said  Board. 

(b)  No  shop  shall  be  operated  in  a  living  room,  a  dining  room 
or  any  sleeping  apartment. 

(c)  The  floors,  walls,  furniture  and  fixtures  of  each  barber 
shop,  barber  college,  or  barber  school,  shall  at  all  times,  be  kept 
thoroughly  clean;  jardinieres,  urns  and  cuspidors  shall  be  thoroughly 
cleaned  at  least  once  each  day.  The  floors  shall  be  kept  clean  and 
free  from  hair  accumulation  thereon,  and  shall  be  mopped  at  least 
once  each  day. 

(d)  No  barber  shop,  barber  college,  or  barber  school,  shall  be 
conducted  or  operated  in  a  room  or  in  rooms  in  which  articles  for 
human  consumption  are  kept  for  sale,  except  tobacco  and  articles  in 
sealed  containers,  unless  such  shop  is  partitioned  off  by  a  closely 
fitted  partition  extending  from  the  floor  to  the  ceiling  with  a  close- 
fitted  door  in  the  entrance  thereof.  Any  barber  shop  or  barber  chair 
conducted  or  operated  in  a  pool  room  shall  be  partitioned  by  a 
closely  fitted  partition  at  least  six  feet  in  height  and  extending  to 
the  floor,  with  a  close-fitted  door  therein,  if  any. 

(e)  Each  barber  shop,  barber  college,  or  barber  school,  shall 
be  furnished  with  an  adequate  supply  of  running  hot  and  cold  water 
and  a  waste  drain  connected  with  the  sewer  where  sewer  connection 
can  be  had. 

(f)  No  person  affected  with  a  communicable  skin  disease  or 
any  infectious  or  contagious  disease,  or  any  person  in  a  state  of 
intoxication,  or  any  person  who  is  an  habitual  drunkard  shall  be  per- 
mitted to  operate  a  barber  shop,  barber  college  or  barber  school. 

(g)  Each  cup  and  br'ush  must  be  thoroughly  cleansed  with  hot 
water  each  time  before  using. 

(h)  Fresh,  clean  towels  must  be  used  for  each  patron,  and 
all  towels  after  they  have  been  used  must  be  thoroughly  laundered 
before  using  again.  All  soaps,  perfumes,  bay  rum,  witch-hazel  and 
other  toilet  articles,  and  all  antiseptic  solutions  shall  be  of  pure 
quality  and  free  from  adulteration.  An  antiseptic  solution  shall  be 
used  on  each  person  after  shaving. 


February  15,   1926 1       journal  of  common  council  46 

(i)  No  barber  shall  knowingly  serve  in  a  barber  shop,  barber 
college  or  barber  school,  a  person  in  an  infectious  stage  of  the 
disease  of  erysipelas,  eczema,  impetigo,  sycosis,  tuberculosis  or  any 
other  highly  contagious  or  infectious  disease;  and  any  person  so 
affected  is  forbidden  to  present  himself  for  service  in  any  barber 
shop,  barber  college,  or  barber  school  operating  within  said  city. 

(j)  Upon  the  violation  of  any  of  the  above  rules  and  regula- 
tions, the  license  herein  provided  may  be  refused  or  revoked  by  said 
Board,  in  addition  to  the  penalty  that  may  be  imposed  by  a  court  of 
competent  jurisdiction,  and  a  new  permit  shall  not  be  issued  to  the 
offender  until  he  or  she  shall  show  a  willingness  and  ability  to  comply 
therewith. 

Section  3.  Any  proprietor  as  aforesaid  holding  license  as  herein 
provided  shall  conspicuously  display  said  license  in  the  place  where 
the  business  is  conducted. 

Section  4.  To  carry  out  the  provisions  of  this  ordinance  there 
shall  be  appointed  by  the  Mayor  of  the  City  of  Indianapolis  and  con- 
firmed by  the  Common  Council  of  said  city,  two  (2)  inspectors  who 
shall  be  experienced  barbers  of  not  less  than  ten  (10)  years  experi- 
ence as  such.  Each  barber  shop,  barber  college,  and  barber  school 
within  said  city  shall  be  inspected  at  least  once  a  month,  by  an 
inspector  as  herein  provided,  but  any  member  of  the  said  Board  may 
inspect  any  said  shop,  college  or  school  at  any  time  during  business 
hours.  Each  of  the  aforesaid  inspectors  shall  be  paid  a  salary  of  one 
hundred  fifty  ($150.00)  dollars  per  month. 

Section  5.  Any  person,  firm  or  corporation  found  guilty  of  viola- 
ting any  of  the  provisions  of  sections  one  (1),  two  (2),  or  three  (3), 
of  this  ordinance,  shall,  on  conviction  thereof,  be  fined  in  any  sum 
not  less  than  five  ($5.00)  dollars  nor  more  than  three  hundred 
($300.00)  dollars,  or  imprisoned  in  the  county  jail  for  a  period  not 
to  exceed  ninety  (90)   days,  or  both. 

Section  6.  All  ordinances  or  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

Section  7.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  due  publication  as  provided  by  law. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Health  and  Charities. 

ORDINANCES  ON  SECOND  READING  AND  FINAL  ACTION 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Dorsett, 
General  Ordinance  No.  11,  1926,  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 


47  city  of  Indianapolis,  ind.  [Regular  Meeting 

General  Ordinance  No.  11,  1926,  was  read  a  third 
time  by  the  Clerk  and  passed  by  the  following  vote : 

Ayes,  5,  viz. :  Messrs.  Bartholomew,  Dorsett,  Negley, 
Todd  and  President  Boynton  J.  Moore. 

Noes,  1,  viz. :    Mr.  Springsteen. 

Mr.  Ferguson  entered  the  Council  Chamber  at  7:58 
p.  m.  and  took  his  seat. 

On  motion  of  Mr.  Dorsett,  seconded  by  Mr. 
Bartholomew,  General  Ordinance  No.  7,  1926,  was 
ordered  stricken  from  the  files. 

At  this  time  Mr.  Negley  secured  permission  from  the 
chair  to  speak  briefly  in  support  of  his  Ordinance  No.  12, 
1926. 

Mr.  Negley  in  the  course  of  his  remarks  declared  that 
there  was  nothing  personal  in  the  Ordinance  of  which  he 
is  the  author.   Mr.  Negley  also  declared : 

"I  have  investigated  over  a  period  of  five  weeks  and  found  that 
"by  eliminating  these  places,  it  will  save  the  city  considerable  money. 
The  Second  Assistant  Fire  Chief  draws  a  salary  of  $3,062.50  and  his 
Stenographer  gets  $1,916.25.  There  are  also  in  this  department  a 
Chief  Inspector  with  the  rank  of  Captain  who  gets  $2,382.50  a  year, 
a  secretary  with  the  rank  of  Lieutenant  at  $2,182.50  per  year  and 
seven  Inspectors  at  $1,916.25  per  year.  With  the  elimination  of 
these  two  offices  I  believe  there  would  be  left  in  the  departm/ent 
sufficient  men  to  handle  the  situation  efficiently  and  at  considerable 
saving  to  the  city.  It  is  simply  an  economical  measure  such  as  we 
pledged  ourselves  to  in  the  campaign.  We  followed  the  lead  of 
Mayor  Duvall  and  pledged  ourselves  to  the  platform  of  economy, 
efficiency  and  law  enforcement.  I,  for  one,  have  not  forgotten  that 
pledge.  I  sincerely  believe  we  can  effect  both  economy  and  efficiency 
by  this  move  and  save  the  city  nearly  $5,000  a  year." 

Mr.  Bartholomew  addressed  the  members  of  the 
Council  briefly  in  regard  to  an  article  which  appeared  on 
the  sport  page  of  the  Indianapolis  Sunday  Star  of  Feb- 
ruary 14  in  which  the  charge  was  made  that  the  Boxing 
Commission  received  5  per  cent,  of  the  total  receipts  at 
boxing  exhibitions  and  gave  no  protection  in  return.  Mr. 
Bartholomew  declared  this  was  an  absolute  falsehood 
inasmuch  as  the  5  per  cent,  of  the  receipts  referred  to  in 


48 


JOURNAL    OF    COMMON    COUNCIL 


[Regular  Meeting 


the  article  goes  to  the  general  fund  of  the  City  of  Indian- 
apolis and  members  of  the  Boxing  Commission  receive 
nothing  for  their  services.  Mr.  Bartholomew  also 
declared  totally  unfounded  reports  and  charges  that  the 
Commission  was  not  treating  all  boxing  promoters  fairly. 

At  8 : 08  o'clock  p.  m.  the  Common  Council  of  the  City 
of  Indianapolis  adjourned. 


President. 


Attest 


City  Clerk. 


March  1,  1926]  city  of  lndianapolis,  Ind.  49 


REGULAR  MEETING 

Monday,  March  1,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  March  1,  1926,  at  7:30  p.  m.,  in 
regular  session,  President  Boynton  J.  Moore  in  the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and 
eight  members,  viz. :  Walter  R.  Dorsett,  Claude  E. 
Negley,  Austin  H.  Todd,  Otis  E.  Bartholomew,  Robert  E. 
Springsteen,  O.  Ray  Albertson,  Edward  B.  Raub  and 
Millard  W.  Ferguson. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Bartholomew,  seconded  by  Dr.  Todd. 

COMMUNICATIONS  FROM  THE  MAYOR 

February  24,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — As  Mayor  of  the  City  of  Indianapolis,  I  hereby 
within  ten  days  after  receiving  the  same,  in  writing,  respectfully 
disapprove  and  veto  General  Ordinance  No.  11,  1926,  the  same  be- 
ing an  Ordinance  authorizing  and  creating  the  position  of  Attorney 
for  the  Common  Council  of  the  City  of  Indianapolis,  denning  his 
duties  and  fixing  the  salary  thereof  and  designating  the  time  when 
the  same  shall  take  effect,  passed  by  your  body  February  15,  1926, 
and  presented  to  me  on  February  16,  1926. 

I  hereby  transmit  to  you  in  writing  my  reasons  for  such  veto. 

In  the  first  place  gentlemen,  this  Ordinance  for  the  creation 
for  a  new  position  and  a  new  salary  to  be  drawn  from  the  City 
Treasury  does  not  coincide  with  the  principle  of  economy  enunciated 
by  this  administration.  There  is  no  call  nor  pressing  need  for  such 
an  appropriation. 

Such  Ordinance  would  be  invalid  for  the  reason  that  under  the 
budget  appropriation  for  the  year  1926,  there  has  beeh  no  appropria- 
tion for  such  position.  In  such  circumstances  payment  of  the  salary 
of  such  attorney,  if  it  could  be  paid  at  all  under  the  law,  could  only 
be  paid  from  current  unexpended  funds  not  heretofore  appropriated 
to  any  other  purpose  or  purposes,  but  as  you  know  all  current  funds 
which  may  come  in  for  this  year  have  been  heretofore  appropriated 
for  specific  purposes,  not  subject  to  diversion,  and  as  a  matter  of 
fact,  if  the  City  Controller's  estimates  are  correct,  this  municipality 
will  be  $80,000.00  short  even  in  the  payment  of  such  previous  spe- 
cific appropriations.    Consequently  there  are  and  can  be  no  funds  for 


journal  of  common  council         [Regular  Meeting: 


the  year  1926,  for  the  payment  of  the  salary  expressed  in  the  Ordin- 
ance. 

This  Ordinance  seems  upon  its  face  to  have  been  drawn  under 
the  theory  of  Section  8656,  Burns  1914,  which  authorizes  the  Com- 
mon Council  to  investigate  the  departments  of  government  and  to- 
examine  into  any  charge  preferred  against  them  or  any  of  them. 

This  section  gives  the  Council  certain  powers  for  such  investiga- 
tions, but  in  my  opinion  it  only  applies  to  a  specific  investigation 
wherein  there  is  at  least  some  ground  to  suspect  malfeasance,  mis- 
feasance or  corruption  in  a  specific  department  or  departments  of 
the  administration.  It  does  not  authorize  in  my  view  a  blanket  inves- 
tigation or  a  fishing  excursion.  And  of  course  it  does  not  authorize 
under  its  guise  the  appointment  of  an  attorney  for  the  Council  for 
their  general  purposes,  contrary  to  the  law  of  this  state. 

Even  in  a  specific  investigation  based  upon  some  grounds,  it  is; 
extremely  doubtful  that  the  Common  Council  would  have  the  right 
to  appoint  an  attorney  at  law  thereof.  The  statutes  of  the  State 
by  which  we  are  all  governed  (Burns  1914,  Sec.  8655,  CI.  53)  makes 
its  prohibition  as  to  the  Common  Council: 

"The  Common  Council  of  any  city  of  the  First,  Second, 

Third  or  Fourth  class,  shall  not  elect  or  appoint  any  per- 
son to  any  office  or  employment  whatever,  except  as  in  this 

Act  expressly  provided. " 

The  said  Section  8655  does  not  expressly  provide,  nor  does  it 
authorize  by  its  language  the  appointment  of  an  attorney  at  law 
for  department  investigation,  nor  does  any  other  section  of  the 
statute.  It  would  appear  therefore  that  such  departmental  investiga- 
tions of  the  section  were  intended  by  the  law  to  be  made  by  he 
City  Council  itself  upon  the  theory  that  such  evidence  as  could  not 
be  readily  procured  by  the  Council  for  impeachment  purposes, 
should  be  left  to  the  disclosure  by  bodies  better  fitted  for  complete 
end  full  investigation,  such  as  the  Grand  Jury,  Prosecuting  Attor- 
ney's office,  and  the  State  Board  of  Accounts.  Even  in  the  most 
extreme  cases  under  section  8655,  in  my  view  there  could  be  no* 
attorney  for  a  specific  investigation  by  the  Council  except  the  attor- 
neys legally  constituted  by  the  law  in  the  Legal  Department,  with- 
out winking  at  or  overslaughing  the  express  provision  of  the  laws 
of  this  State. 

It  is  very  clear  that  under  the  State  law  your  honorable  body 
has  no  authority  to  appoint  an  attorney  at  law  for  itself  or  for  any 
other  department. 

I  cite  you  a  brief  digest  of  the  State  law  which  appears  to  be 
conclusive  upon  this  point: 

The  General  Assembly  has  created  a  legal  department  for  this 
city,  declaring  the  head  thereof  shall  be  appointed  by  the  Mayor  and 
that  subordinate  officers  and  employees  thereof  shall  be  appointed 
by  such  head,  who  may  remove  any  of  them.  Burns  1914,  Sec.  8684. 
The  Corporation  Counsel  shall  have  the  management,  charge  and 
control  of  the  law  business  of  the  city,  and  for  each  branch  of  its 
government — shall  be  the  legal  advisor  of  all  its  departments  and 
officers,  shall  draw  up  ordinances,  leases,  deeds,  contracts  or  other 
legal  papers  for  such  city  and  its  various  departments  when  re- 
quested to  do  so  by  the  proper  officer — shall  conduct  all  legal  pro- 
ceedings, etc. — in  all  cities  the  city  attorney  (corporation  counsel) 
shall  employ  such  other  assistants  as  he  may  be  authorized  to  do  by 
ordinance,  and  not  other. 


IMarch  1,  1926]  city  of  Indianapolis,  intd.  31 


BURNS,  1914,  SECTION  8692. 
"Whenever  any  executive  or  administrative  function  shall  be 
required  to  be  performed  by  an  ordinance  or  resolution  of  the  Com- 
mon Council,  the  same  shall  be  performed  by  the  proper  executive 
department,  and  not  by  such  council — no  new  department  shall  be 
created.  The  Common  Council  shall  not  elect  or  appoint  any  person 
to  any  office  or  employment  whatever,  except  in  this  act  expressly 
provided." 

BURNS  1914,  SECTION  8655   (at  conclusion) 
Neither  the  last  named  act  nor  any  other  act  expressly  or  im- 
pliedly gives  the   Common   Council   authority  to   employ   a  lawyer. 
The  legal  department  is  an  executive  department. 
BURNS  1914,  SECTION  8684 

For  the  f  oregoing  reasons,  gentlemen,  I  am  constrained  through 
my  duties  to  the  City,  as  I  see  it,  to  veto  this  Ordinance.  The  Mayor 
is  always  loath  to  set  his  opinion  against  that  of  yours  and  will  only 
do  so  in  cases  such  as  this,  where  the  public  interest  absolutely 
demands.  Unfortunately  this  is  one  of  such  cases  and  reluctantly  I 
.am  compelled  to  veto  this  measure.    I  am 

Yery  respectfully  yours, 

JOHN  L.  DUVALL, 

Mayor. 

Dr.  Todd  moved  that  General  Ordinance  No.  11  be 
passed  over  the  Mayor's  veto.   Seconded  by  Mr.  Dorsett. 

At  this  time  Mr.  Raub  raised  a  point  of  order,  stating 
that  it  was  not  the  proper  time  to  vote  on  the  passage  of 
the  ordinance  over  the  Mayor's  veto.  President  Moore 
ruled  Mr.  Raub  out  of  order. 

Mr.  Dorsett  raised  a  point  of  order  that  there  was  a 
motion  before  the  house, 

Mr.  Raub  again  interupted  the  President  of  the 
Council  as  he  was  attempting  to  put  Dr.  Todd's  motion 
to  a  vote  and  moved  that  consideration  of  General  Ordin- 
ance No.  11  be  postponed  until  the  next  regular  meeting. 
Mr.  Raub's  motion  was  seconded  by  Mr.  Ferguson. 

President  Moore  put  Mr.  Raub's  motion  to  a  vote  and 
the  same  was  carried  on  a  roll  call  vote  as  follows: 

Ayes,  five,  viz.:  Messrs.  Albertson,  Bartholomew, 
Ferguson,  Raub  and  Springsteen. 

Noes,  four,  viz.:  Messrs.  Dorsett,  Negley,  Todd  and 
President  Moore. 


52  JOURNAL  OF  common  council         [Regular  Meeting 


REPORTS  FROM  CITY  OFFICERS 

February  27,   1926. 
To  Mr.  William  A.  Boyce,  Jr.,  City  Clerk  of  Indianapolis,  Indiana  : 

Dear  Sir — I  hand  you  herewith  fourteen  copies  of  an  ordinance 
annexing  to  the  City  of  Indianapolis  the  district  east  of  Arlington 
Avenue  and  south  of  Tenth  Street,  which  is  practically  covered  by 
Pleasant  Run   Golf   Course. 

Will  you  kindly  present  this  ordinance  at  the  next  regular 
meeting  of  the  City  Council,  Monday,  March  1,  1926. 

Yours  very  truly, 

GEORGE  G.  SCHMIDT, 

City  Civil  Engineer. 

REPORTS  FROM  COMMITTEES 

Indianapolis,  Ind.,  February  25,   1926 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  ike 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Parks  to  whem  was  re- 
ferred Special  Ordinance  No.  1,  1926,  entitled  "An  Ordinance, 
authorizing  the  sale,  alienation  and  conveyance  of  real  estate  by  the 
Board  of  Park  Commissioners  of  the  Department  of  Public  Parks 
of  the  City  of  Indianapolis,  and  fixing  a  time  when  the  same  shall 
take  effect,"  beg  leave  to  report  that  we  have  had  said  ordinance 
under  consideration,  and  recommend  that  the  same  not  be  passed. 

OTIS  E.  BARTHOLOMEW,  Chairman 

AUSTIN  H.  TODD 

WALTER  R.  DORSETT 

CLAUDE  E.  NEGLEY. 

INTRODUCTION  OF  GENERAL  AND  SPECIAL  ORDINANCES 
By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  14,  1926 
AN  ORDINANCE,  regulating  vehicle  parking  in  the  congested  dis- 
trict, establishing  a  time  limit,  restricting  the  number  of  auto- 
mobiles and  providing  certain  penalties  for  violation  thereof; 
repealing  all  ordinances  and  parts  of  ordinances  in  conflict 
herewith  and  declaring  a  time  when  the  same  shall  take  effect. 

Be    it    Ordained    by    the    Common    Council   of   the    City   of  Indianapolis, 
Indiana: 
Section   1.    The  parking  of  vehicles   on  the  streets  and  public 
places   in   the    congested    district,    within   the    City    of    Indianapolis, 
Indiana,  shall  be  permitted  as  follows,  to  wit.: 

(a)  In  the  Congested  District  and  also  on  Washington  Street, 
from  East  Street  to  West  Street,  all  vehicles  may  park  for  a  con- 
tinous  period,  not  to  exceed  one  and  one-half  (1%)  hours,  between 
the  hours  of  eight  o'clock  A.  M.  and  seven  o'clock  P.  M.  Between 
the  hours  of  seven  o'clock  P.  M.  and  eight  o'clock  A.  M.  there  shall 
be  no  limitation  as  to  the  duration  of  time  on  which  a  vehicle  shall 
be  parked,  except  that  at  no  time  or  in  any  street  or  alley,  shall  any 
vehicle  remain  parked  for  a  period  of  more  than  ten   (10)  hours. 

(b)  No  person,  firm  or  corporation,  shall  be  permitted  to  park 
more  than  two  of  their  vehicles,  at  any  one  time,  by  the  provisions 


March  1,  1926]  city  dp  Indianapolis,  ind.  53 

<of  this  ordinance,  within  any  one  square,  within  the  congested  dis- 
trict of  the  City  of  Indianapolis. 

(c)  Every  person,  firm  or  corporation  violating-  any  of  the 
above  provisions  of  this  ordinance,  shall  upon  conviction  be  fined  in 
any  sum  not  exceeding-  Three  Hundred  ($300.00)  Dollars,  to  which 
may  be  added  imprisonment  not  exceeding  one  hundred  and  eighty 
days. 

Section  2.  All  ordinances  and  parts  of  ordinances  in  conflict 
herewith  are  hereby  repealed. 

This  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  publication  as  required  by  law. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Safety. 

By  Dr.  Todd: 

GENERAL  ORDINANCE  NO.  15,  1926 

AN  ORDINANCE,  relating  to  the  establishment  by  white  persons  of 
a  home-residence  in  a  negro  community,  and  the  establishment 
by  negroes  of  a  home-residence  ,in  a  white  community,  providing 
a  penalty  for  the  violation  thereof,  and  declaring  a  time  when 
the  same  shall  take  effect. 

PREAMBLE 
WHEREAS,  in  the  interest  of  public  peace,  good  order  and  the  gen- 
eral welfare,  it  is  advisable  to  foster  the  separation  of  white  and 
negro  residential  communities.;  therefore, 
Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana : 
Section  1.  That  it  shall  be  unlawful  for  any  white  person  to 
hereafter  establish  a  home-residence  on  any  property  located  in  a 
negro  community,  or  portion  of  the  municipality  inhabited  prin- 
cipally by  negroes,  or  for  any  negro  to  establish  a  home-residence 
on  any  property  located  in  a  white  community  or  portion  of  the 
municipality  inhabited  principally  by  white  people,  except  on  the 
written  consent  of  a  majority  of  the  persons  of  the  opposite  race 
inhabiting  such  community  or  portion  of  the  city  to  be  affected;  the 
aforesaid  written  consent  to  be  filed  of  record  with  the  City  Clerk. 
Provided,  however,  that  a  white  person  owning  property  in  a 
colored  community,  or  a  colored  person  owning  property  in  a  white 
community,  before  the  passage  of  this  ordinance  may  exercise  his  or 
her  vested  right  to  thereafter  move  into  and  reside  there  without  ob- 
taining the  consent  of  a  majority  of  the  persons  of  the  opposite 
race  occupying  such  community.  Provided,  further,  that  a  white 
person  may  exercise  his  vested  right  to  sell  his  property  in  a  white 
community  to  a  negro,  and  a  negro  may  exercise  his  vested  right  to 
sell  his  property  in  a  negro  community  to  a  white  person,  but  the 
purchaser  in  either  case  after  the  passage  of  this  ordinance  can  not 
take  up  his  residence  therein  without  first  obtaining  the  written  con- 
sent of  a  majority  of  the  citizens  of  the  other  race  inhabiting  such 
community,  as  hereinbefore  provided. 

Section  2.  That  it  shall  be  unlawful  to  maintain  any  home- 
residence  established  in  violation  of  Section  1  of  this  ordinance. 

Section  3.  That  each  seven  (7)  days  maintenance  of  any  home- 
residence  established  in  violation  of  Section  1  of  this. ordinance  shall 


54  journal  of  common  council         [Regular  Meeting 


be  deemed  to  be  and  shall  constitute  a  separate  and  distinct  offense. 

Section  4.  That  the  terms  "white  community"  and  "negro 
community"  as  used  in  this  ordinance  shall  be  taken  and  held  to 
mean  and  embrace  every  residence  fronting  on  either  side  of  any 
street  within  three  hundred  feet  of  the  location  of  the  property  in- 
volved, measuring  along  the  middle  of  the  streets  -in  any  and  all 
directions. 

Section  5.  That  any  person  violating  any  of  the  provisions  of 
this  ordinance  shall  on  conviction  be  punished  for  each  offense  by  a 
fine  not  exceeding  fifty  dollars,  or  by  imprisonment  not  exceeding 
thirty  days,  or  by  such  fine  and  such  imprisonment  in  default  of  the 
payment  of  the  fine,  or  by  both  such  fine  and  such  imprisonment,  in 
the  discretion  of  the  court  having  jurisdiction. 

Section  6.  That  should  any  provision  or  section  of  this  ordin- 
ance be  held  to  be  invalid,  its  invalidity  shall  not  affect  or  annul  the 
other  provisions  of  this  ordinance,  which  shall  nevertheless  have  the 
fullest  effect  possible  in  such  case. 

Section  7.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  legal  publication  according  to  law. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  City  Welfare. 

By  the  City  Engineer : 

SPECIAL  ORDINANCE  NO.  2,  1926 

AN  ORDINANCE,  annexing  certain  territory  to  the  City  of  Indi- 
anapolis, Indiana,  and  defining  a  part  of  the  boundary  line  of 
said  City,  and  fixing  a  time  when  the  same  shall  take  effect. 

Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  the  City  of  Indianapolis  be  and  the  same  is 
hereby  extended  so  as  to  include  the  following  described  continous 
territory,  all  of  which  is  hereby  annexed  to  and  made  a  part  of  the 
territory  constituting  and  forming  the  City  of  Indianapolis,  in  Mar- 
ion County,  Indiana. 

Section  2.  Beginning  at  the  intersection  of  the  center  line  of 
Arlington  Avenue  with  the  north  line  of  Section  2,  Township  15 
North,  Range  4  East;  thence  east  along  the  north  line  of  said  Sec- 
tion 2,  commonly  known  as  the  center  line  of  Tenth  Street,  a  dis- 
tance of  2,635.05  feet,  more  or  less,  to  the  east  line  of  the  west  half 
of  said  Section  2 ;  thence  south  along  the  af  oredescribed  east  line,  to 
the  north  line  of  the  southwest  quarter  of  said  Section  2;  thence 
west  along  the  aforedescribed  north  line,  to  the  center  line  of  Arling- 
ton Avenue;  thence  north  along  the  center  line  of  Arlington  Ave- 
ue,  to  the  center  line  of  Tenth  Street,  the  place  of  beginning. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Works. 


March   1,  19261 


CITY    OF   INDIANAPOLIS,   IND. 


55 


CALL  FOR  ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  Special  Ordinance  No.  1 
for  second  reading.  It  was  read  a  second  time  by  the 
Clerk. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Dor- 
sett,  Special  Ordinance  No.  1  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

Special  Ordinance  No.  1  was  read  a  third  time  by  the 
Clerk  and  failed  to  pass  by  the  following  vote : 

Noes,  nine,  viz. :  Messrs.  Albertson,  Bartholomew, 
Dorsett,  Ferguson,  Negley,  Raub,  Springsteen,  Todd  and 
President  Boynton  J.  Moore. 

At  this  time  Mr.  Albertson  presented  the  following 
motion  which  was  seconded  by  Mr.  Raub : 

Indianapolis,  Inch,  March  1,   1926. 
Mr.  President :  _ 

I  move  that  George  G.  Schmidt  be  requested  to  appear  before 
the  next  regular  meeting  of  the  City  Council  to  explain  why  he  has 
twenty  Inspectors  on  his  force  when  they  are  not  warranted  by  the 
present  amount  of  public  improvements. 

O.  RAY  ALBERTSON. 

President  Moore  put  Mr.  Albertson's  motion  to  a  vote 
which  was  passed  unanimously  by  the  Council. 

At  8:05  o'clock  p.  m.  the  Common  Council  of  the  City 
of  Indianapolis  ajourned. 


President. 


Attest : 


City  Clerk. 


March  4,  1926]  city  of  Indianapolis,  ind.     p  57 


SPECIAL  MEETING 

Thursday,  March  4,  1926,  1:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  March  4,  1926,  at  1 :30  p.  m.,  in 
special  session,  President  Boynton  J.  Moore  in  the  chair, 
pursuant  to  the  following  call: 

March  3,  1926,  9  a.  m. 

To  the  Members  of  Common  Council,  Indianapolis,  Indiana : 

Gentlemen — You  are  hereby  notified  that  there  will  be  a  special 
meeting  of  the  Common  Council  held  in  the  Council  Chamber  on 
Thursday,  March  4,  at  1 :30  p.  m. 

The  purpose  of  such  meeting  being  to  consider  a  motion  to 
repeal  the  motion  passed  March  1,  1926,  requesting  the  City  Engi- 
neer to  appear  before  the  Council  and  to  consider  General  Ordin- 
ances Nos.  12  and  14,  and  to  consider  amendments  to  General  Or- 
dinances Nos.  108  and  110,  1925. 

Respectfully, 

BOYNTON  J.  MOORE. 

I,  William  A.  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served 
the  above  and  foregoing  notice  to  each  and  every  member  of  the 
Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the 
rules. 

WILLIAM  A.  BOYCE,  JR,. 

City  Clerk. 
Which  was  read. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and  eight 
members,  viz.:  Walter  R.  Dorsett,  Claude  E.  Negley,  O. 
Ray  Albertson,  Dr.  Austin  H.  Todd,  Otis  E.  Bartholomew, 
Robert  E.  Springsteen,  Edward  B.  Raub  and  Millard  W. 
Ferguson. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Dorsett. 

COMMUNICATIONS  PROM  CITY  OFFICERS 

March  4,  1926. 

To  the  Honorable  Presifent  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  copies  of  an  ordinance  amending 
Section  1  of  General  Ordinance  No.  108,  1925,  relative  to  a  Sixty- 


SB  journal  of  common  council  [Special   Meeting 


One  Thousand  ($61,000.00)  Dollar  Bond  Issue  for  the  construc- 
tion of  hard  surface  pavement  on  Baltimore  and  Hillside  Avenues, 
under  the  connecting'  road  law  whereby  the  City  and  County  share 
equal  the  burden  of  this  improvement.  There  have  been  several 
flaws  found  by  the  Legal  Department  in  Section  1  of  this  ordinance 
and  if  these  bonds  were  to  bear  date  of  January  1,  1926,  the  inter- 
est already  accrued  would  amount  to  more  than  $900.00,  possibly 
preventing  the  sale  of  these  bonds. 

I    respectfully    recommend    the    passage    of    this    ordinance    to 
amend  General  Ordinance  No.  108,  Section  1. 
Your  very  truly, 

WM.  C.  BUSER, 

City  Controller. 

March  4,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  copies  of  an  ordinance  amend- 
ing Section  1  of  General  Ordinance  No.  110,  1925,  relative  to  a 
Forty-three  Thousand  ($43,000.00)  Dollar  Bond  Issue  for  the  con- 
struction of  two  bridges,  one  of  which  is  located  on  Blackford 
Street  and  the  other  on  Meridian  Street  in  the  City  of  Indianapolis. 
There  have  been  several  flaws  found  by  our  Legal  Department  in 
Section  1  of  this  ordinance  and  if  these  bonds  were  to  bear  date  of 
January  1,  1926,  the  interest  already  accrued  would  amount  to  more 
than  $650.00,  possibly  preventing  the  sale  of  these  bonds. 

I  respectfully  recommend  the  passage  of  this  ordinance  to  amend 
General  Ordinance  No.   110,  Section  1. 

Yours  very  truly, 

WM.  C.  BUSER, 

City  Controller. 

REPORTS   FROM   COMMITTEES 

Indianapolis,  Ind.,  March  4,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Public  Safety  to  whom  was 
referred  General  Ordinance  No.  14,  1926,  entitled:  "An  Ordinance 
regulating  vehicle  parking  in  the  congested  district,  establishing  a 
time  limit,  restricting  number  of  automobiles  and  providing  certain 
penalties  for  violation  thereof ;  repealing  all  ordinances  and  parts  of 
ordinances  in  conflict  herewith  and  declaring  a  time  when  the  same 
shall  take  effect";  beg  leave  to  report  that  we  have  had  said  ordin- 
ance under  consideration,  and  recommend  that  the  same  be  not 
passed. 

OTIS  E.  BARTHOLOMEW 
WALTER  R.  DORSETT 
A.  H.  TODD. 
M.  W.  FERGUSON 
Indianapolis,  Ind.,  March  4,  1926. 
To  the  Honorable  President  and  Members  of  the\Pommon  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Public  Safety  to  whom  was 
referred  General  Ordinance  No.  14,  1926,  beg  leave  to  report  that 


March  4,  1926]  city  of  Indianapolis,  ind.  59 


we  have  had   said   ordinance   under   consideration,    and   recommend 
that  the  same  be  passed. 

CLAUDE  E.  NEGLEY,  Chairman. 

Indianapolis,  Ind.,  March  4,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Public  Safety  to  whom  was 
referred  General  Ordinance  No.  12,  1926,  entitled:  "An  Ordinance 
to  amend  Sub-Section  M,  entitled  Fire  Force  under  Department  of 
Public  Safety  of  Section  608  entitled  Designation  of  Officers  and  Em- 
ployees, of  General  Ordinance  No.  121,  1925,  being"  an  ordinance 
concerning  the  government  of  the  City  of  Indianapolis,  providing 
penalties  for  its  violation  and  with  stated  exceptions  repealing  all 
former  ordinances.";  beg  leave  to  report  that  we  have  had  said 
ordinance  under  consideration,  and  recommend  that  the  same  be 
not  passed. 

OTIS  E.  BARTHOLOMEW 
WALTER  R.  DORSETT 
M.  W.  FERGUSON 
A.  H.  TODD. 

Indianapolis,  Ind.,  March  4,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Public  Safety  to  whom  was 
referred  General  Ordinance  No.  12,  1926,  beg  leave  to  report  that  we 
have  had  said  ordinance  under  consideration,  and  recommend  that 
the  same  be  passed. 

CLAUDE  E.  NEGLEY,  Chairman. 

INTRODUCTION  OF  GENERAL  ORDINANCES 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  16,  1926 

AN  ORDINANCE,  to  amend  Section  1,  of  General  Ordinance  No. 
110,  1925,  passed  by  the  Common  Council  of  the  City  of  Indi- 
anapolis, Indiana,  on  December  21,  1925,  and  approved  by  the 
Mayor  of  said  City  on  the  24th  day  of  December,  1925,  entitled 
"An  Ordinance  authorizing  the  borrowing  of  Forty-three 
Thousand  ($43,000.00)  Dollars  and  the  sale  of  forty -three 
(43)  bonds  of  One  Thousand  ($1,000.00)  Dollars  each  of  the 
City  of  Indianapolis,  Indiana,  payable  from  the  general  reve- 
nue and  funds  of  said  City  or  from  the  Sinking  Fund  of  said 
city  or  as  may  be  required  by  law  for  the  purpose  of  procur- 
ing money  to  be  used  in  constructing  two  bridges,  one  where 
Meridian  Street  in  the  City  of  Indianapolis,  Indiana,  extended 
crosses  the  Indianapolis  Water  Company's  canal,  and  one  where 
Blackford  Street  crosses  the  Indianapolis  Water  Company's 
canal  in  said  City,"  under  separate  contract  for  each  of  said 

improvements  entered  into  on  the day  of 

19 ,    by    and    between    the    City    of    Indianapolis,    by    and 

through  its  Board   of   Public   Works  with  the   approval   of  its 


60  journal  of  common  council  [Special   Meeting 


Mayor  as  provided  for  and  authorized  by  an  Act  of  the  Gen- 
eral Assembly  of  the  State  of  Indiana,  entitled: 

"An    Act    concerning-    Municipal    Corporations    approved, 
March   6,   1905." 

and  all  acts  amendatory  thereof  and  supplemental  thereto,  and 
fixing  a  time  when  this  ordinance  shall  take  effect. 

Be   it   Ordained    by   the   Common   Council   of   the    City   of  Indianapolis, 

Indiana : 
Section  1.  That  Section  1  of  General  Ordinance  No.  110,  1925, 
passed  by  the  Common  Council  of  the  City  of  Indianapolis,  Indiana, 
December  21,  1925,  and  approved  by  the  Mayor  of  said  City  on  the 
24th  day  of  December,  1925,  entitled:  "An  Ordinance  Authorizing 
the  Borrowing  of  Forty-three  ($43,000.00)  Dollars  and  the  sale  of 
forty-three  (43)  bonds  of  One  Thousand  ($1,000.00)  Dollars  each, 
of  the  City  of  Indianapolis,  Indiana,  payable  from  the  general  reve- 
nues and  funds  of  slid  City  or  from  the  sinking  fund  of  said  City  or 
as  may  be  required  by  law  for  the  purpose  of  procuring  money  to  be 
used  in  constructing  two  bridges,  one  where  Meridian  Street  in  the 
City  of  Indianapolis,  Indiana,  extended,  crosses  the  Indianapolis 
Water  Company's  canal  and  one  where  Blackford  Street  crosses  the 
Indianapolis  Water  Company's  canal  in  said  City,"  under  separate 

contract  for  each  of  said  improvements  entered  into  on  the 

day  of ,  192 ,  by  and  between  the  City  of  Indian- 
apolis by  and  through  its  Board  of  Public  Works  with  the  approval 
of  its  Mayor  as  provided  for  and  authorized  by  an  act  of  the  Gen- 
eral Assembly  of  the  State  of  Indiana,  entitled: 

"An  Act  concerning  Municipal  Corporations,  approved  March 
6,   1905," 
and  all  acts  amendatory  thereof  and  supplemental  thereto,  and  fix- 
ing a  time  when  the  same  shall  take  effect,  "be  amended  to  read  as 
follows:" 

Section  1.  That  the  City  Controller  be  and  he  is  hereby  author- 
ized for  the  purpose  of  procuring  money  to  be  used  for  the  purpose 
of  erecting  the  said  bridge  at  Meridian  Street  and  the  Indianapolis 
Water  Company's  canal,  and  the  erection  of  the  bridge  at  the  inter- 
section of  Blackford  Street  and  the  Indianapolis  Water  Company's 
canal,  as  set  out  in  said  resolution  and  ordinance,  to  prepare,  issue 
and  sell,  forty -three  (43)  new  bonds  of  the  City  of  Indianapolis, 
Marion  County,  Indiana,  of  One  Thousand  ($1,000.00)  Dollars  each, 

which  bonds  shall  bear  the  date  of , 

and  shall  be  numbered  from  one  (1)  to  forty-three  (43)  both  inclu- 
sive, and  shall  be  designated  "Municipal  Bridge  Bonds  of  1926,"  and 
shall  bear  interest  at  the  rate  of  four  and  one-half  (4^  %)  per  cent, 
per  annum,  payable  semi-annually  on  the  first  day  of  January  and 
the  first  day  of  July  of  each  year  of  the  period  of  said  bonds.  Two 
(2)  of  said  bonds  in  the  sum  of  $1,000  each  shall  mature  and  be 
payable  at  the  rate  of  Two  Thousand  ($2,000.00)  Dollars  each  year 
for  seventeen  (17)  years,  beginning  January  1,  1928,  and  three  (3) 
bonds  for  One  Thousand  ($1,000.00)  Dollars  each  for  three  (3) 
years,  beginning  January  1st,  1945. 

The  first  coupon  attached  to  each  bond  shall  be  for  the  interest 
on  said  bond  from  the  date  of  issue  until  the  first  day  of  July,  1927. 
Said  bonds  and  interest  coupons  thereunto  attached  shall  be  negoti- 
able and  payable  at  the  City  Treasurer's  office  of  the  City  of  Indi- 
anapolis, Indiana,  at  Indianpolis,  Indiana:  said  bonds  shall  be  signed 


March  4,  1926]  city  of  Indianapolis,  ind.  61 


by  the  Mayor  and  City  Controller  of  the  City  of  Indianapolis,  and 
attested  by  the  City  Clerk,  who  shall  affix  the  seal  of  said  City  to 
each  of  said  bonds;  and  the  interest  coupons  attached  to  said  bonds 
shall  be  authenticated  by  a  lithographic  fac-simile  of  the  signature  of 
the  Mayor  and  the  City  Controller  of  said  City  engraved  thereon, 
which  shall  for  all  purposes  be  taken  and  deemed  to  be  equivalent  to 
a  manual  signing  thereof:  said  bonds  shall  be  prepared  by  the  City 
Controller  in  due  form,  irrevocably  pledging  the  faith  and  credit  of 
the  City  of  Indianapolis,  Indiana,  to  the  payment  of  the  principal  and 
interest  stipulated  therein  respectively.  It  shall  be  the  duty  of  the 
City  Controller,  at  the  time  of  the  issue  and  negotiation  of  said 
bonds,  to  register  in  the  book  kept  for  that  purpose  all  of  the  said 
bonds  so  issued  and  negotiated  in  serial  number  beginning  with  bond 
No.  1,  giving  also  the  date  of  their  issuance,  their  amount,  date  of 
maturity,  rate  of  interest,  and  the  time  and  place  where  said  interest 
shall  be  payable,  said  bonds  shall  be  substantially  in  the  following 
form,  all  blanks  for  numbers  and  dates  to  be  properly  filled  in  before 
the  issuance  thereof: 

No $1,000.00 

UNITED  STATES  OF  AMERICA 

CITY  OF  INDIANAPOLIS 

MARION  COUNTY,   STATE   OF   INDIANA 

MUNICIPAL  BRIDGE  BONDS   OF   1926. 

For  value  received,  the  City  of  Indianapolis,  Marion 
County,  State  of  Indiana,  hereby  promises  to  pay  to  the 
bearer  without  any  relief  from  valuation  or  appraisement 
laws,  on  the  1st  day  of  January,  1928,  at  the  City  Trea- 
surer's office  of  the  City  of  Indianapolis,  Indiana,  One 
Thousand  ( $1,000.00 )_  Dollars  in  lawful  money  of  the 
United  States  of  America,  together  with  interest  thereon  at 
the  rate  of  four  and  one-half  (4%  %)  per  cent,  per  annum 
from  date  until  paid. 

The  first  interest  payable  on  the  first  day  of  July, 
1927,  and  the  interest  thereafter  payable  semi-annually  on 
the  first  day  of  January  and  July,  respectively,  upon  pre- 
sentation and  surrender  of  the  proper  interest  coupons 
hereunto  attached  and  which  are  made  a  part  of  this  bond. 

This  bond  is  one  of  an  issue  of  forty -three  (43)  bonds  of 
One  Thousand    ($1,000.00)    Dollars   each,   numbered  from   one 

(1)  to  forty-three  (43),  both  inclusive,  of  the  date  of 

day  of ,  192 

Said  bonds  mature  in  series  of  two  bonds  each  year  for 
seventeen  (17)  years,  beginning  January  1st,  1928,  and  three 
(3)  bonds  each  year  for  three  years  beginning  January  1st, 
1945.  The  first  interest  coupons  payable  July  1st,  1927.  These 
bonds  are  issued  by  said  City  of  Indianapolis,  pursuant  to  an 
ordinance  passed  by  the  Common  Council  at  the  City  of  Indi- 
anapolis on  the  21st  day  of  December,  1925,  and  an  Act  of  the 
General  Assembly  of  the  State  of  Indiana,  entitled:  "An  Act 
Concerning  Municipal  Corporations,"  approved  March  6,  1905, 
and  all  acts  amendatory  thereof  and  supplemental  thereto. 

It  is  hereby  certified  that  all  conditions,  acts  and  things 
essential  to  the  validity  of  this  bond,  exist,  have  happened  and 
have  been  done,  and  that  all  requirements  of  the  law  affecting 


62  journal  of  common  council  [Special   Meeting 

the  issuance  thereof  have  been  duly  complied  with  and  that  this 
bond  is  within  every  debt  and  other  limit  prescribed  by  the  con- 
stitution and  laws  of  the  State  of  Indiana  and  that  the  faith  and 
credit  of  the  City  of  Indianapolis,  Indiana,  are  hereby  irrevoc- 
ably pledged  to  the  punctual  payment  of  this  principal  and  inter- 
est of  this  bond  according  to  its  terms. 

IN  WITNESS  WHEREOF,  the  Common  Council  of  the  City 
of  Indianapolis,  Indiana,  has  caused*  this  bond  to  be  signed  by 
the  Mayor  and  City  Controller,  and  attested  by  the  City  Clerk, 
and  the  corporate  seal  of  said  City  to  be  affixed  this  as  of  the 
day   of ,    19 

Mayor. 

City   Controller. 
Attest: 

~_C~ity~Clerkr~~ 

Section  2.      This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage,  and  approval  by  the  Mayor. 

GENERAL  ORDINANCE  NO.  17,  1926 

AN  ORDINANCE,  to  amend  Section  1  of  General  Ordinance  No.  108, 
passed  by  the  Common  Council  of  the  City  of  Indianapolis  on 
the  7th  day  of  December,  1925,  and  approved  by  the  Mayor  on 

the day  of ,  192 ,  entitled: 

"An  ordinance  authorizing  the  sale  of  sixty-one  (61)  bonds  of 
One  Thousand  ($1,000.00)  Dollars  each  of  the  City  of  Indiana- 
polis, payable  from  the  general  revenue  and  funds  of  said  City 
and  or  from  the  sinking  funds  of  said  City,  or  as  may  be  re- 
quired by  law  for  the  purpose  of  procuring  money  to  pay  the 
City's  part  of  the  cost  of  improving  Baltimore  Avenue  from  the 
northwest  property  line  of  Hillside  Avenue  to  the  south  property 
line  of  Thirty-fourth  Street;  also  to  pay  the  City's  part  of  the 
cost  of  improving  Hillside  Avenue  from  the  north  line  of  the 
brick  pavement  just  south  of  the  north  property  line  of  Bloyd 
Avenue  to  the  south  line  of  concrete  pavement  northeast  of  east 
property  line  of  Baltimore  Avenue  under  contracts  for  said  im- 
provements entered  into  by  and  between  the  City  of  Indianapo- 
lis, by  and  through  its  Board  of  Public  Works,  with  the  approval 
of  its  Mayor,  in  the  County  of  Marion,  State  of  Indiana,  by  and 
through  its  Board  of  Commissioners,  as  provided  for  and  author- 
ized by  an  Act  of  the  General  Assembly  of  the  State  of  Indiana, 
entitled:  'An  Act  for  an  Act  concerning  the  improvement  of 
streets  and  public  highways  in  cities  of  the  first  class  which 
connect  with,  extend  or  continue  as  hard  surface  public  high- 
ways beyond  the  corporate  limits  of  such  City  in  the  County  in 
which  such  city  is  located,  providing  for  the  assessment  of  part 
of  the  cost  of  such  improvements  against  the  abutting  real 
estate  and  the  remainder  of  the  cost  of  such  improvement  shall 
be  paid  equally  by  such  City  and  the  County  in  which  such 
City  is  located,'  declaring  an  emergency,"  and  fixing  a  time 
when  the  same  shall  take  effect. 


March  4,  1926]  city  of  Indianapolis/  ind.  63 


Be   it    Ordained    by    the    Common    Council   of   the    City   of   Indianapolis, 
Indiana: 

Section  1.  That  the  City  Controller  of  the  City  of  Indiana- 
polis be  and  he  is  hereby  authorized  for  the  purpose  of  procuring 
money  to  be  used  to  pay  the  City's  part  of  the  improvement  of  that 
part  of  Baltimore  Avenue  and  Hillside  Avenue,  as  provided  for  in 
said  contracts  as  set  out  in  this  ordinance,  prepare  and  sell  sixty- 
one  (61)  new  bonds  for  the  City  of  Indianapolis,  Marion  County, 
Indiana,  for  the  sum  of  One  Thousand  ($1,000.00)  Dollars  each, 
which  bonds  shall  bear  date  of  January  1st,  1926,  and  be  numbered 
from  one  (1)  to  sixty-one  (61),  both  inclusive,  and  shall  be  desig- 
nated as  "City  Street  and  Public  Highway  Bonds  of  1926"  and  shall 
foe  issued  in  twenty  (20)  series  as  follows:  The  first  nineteen  (19) 
series  shall  be  for  three  (3)  bonds  of  One  Thousand  ($1,000.00) 
Dollars  each.  The  twentieth  series  shall  be  for  four  (4)  bonds  of 
one  thousand  ($1000.00)  dollars  each.  The  first  series  shall  mature 
on  the  the  first  day  of  January,  1928,  and  one  (1)  series  on  the  first 
day  of  January  thereafter  to  and  including  January  1st,  1947,  and 
shall  bear  interest  at  the  rate  of  four  and  one-half  (4%  %)  per  cent, 
per  annum,  payable  semi-annually  on  the  first  day  of  July  and  Janu- 
ary of  each  year  and  said  installments  of  interest  shall  be  evidenced 
by  interest  coupons  attached  to  said  bond,  and  the  first  coupon 
attached  to  each  of  said  bonds  for  the  interest  on  said  bonds  from 
date  of  issue  until  the  first  day  of  July,  1927.  Said  bonds  and  interest 
coupons  shall  be  negotiable  and  payable  at  the  office  of  the  City 
Treasurer,  Indianapolis.  Said  bonds  shall  be  signed  by  the  Mayor 
and  the  City  Controller  of  the  City  of  Indianapolis  and  attested  by 
the  City  Clerk,  who  shall  affix  the  seal  of  said  City  to  each  of  said 
Bonds  and  the  interest  coupons  attached  to  said  bonds  shall  be 
authenticated  by  a  lithographed  fac-simile  of  the  signatures  of  the 
Mayor  and  the  City  Controller  engraven  thereon,  which  shall  for  all 
purposes  be  taken  and  deemed  to  be  equivalent  to  a  manual  signing 
thereof.  Said  bonds  shall  be  prepared  by  the  City  Controller  in  due 
form  irrevocably  pledging  the  faith  and  credit  of  the  City  of  Indi- 
anapolis to  the  payment  of  the  principal  and  interest  stipulated  there- 
in respectively.  It  shall  be  the  duty  of  the  City  Controller  at  the 
time  of  the  issue  and  negotiation  of  said  bonds  so  issued  and  nego- 
tiated in  serial  number,  beginning  with  bond  No.  One  (1),  entering 
the  date  of  issue,  the  amount  of  bond,  the  rate  of  interest,  the  date 
of  maturity,  the  time  and  place  for  the  payment  of  interest  and  the 
place  of  payment  of  the  principal;  said  bonds  shall  be  prepared  ac- 
cording to  the  following  forms  and  all  blanks  thereing  shall  be  prop- 
erly filled  in  before  the  issue  thereof: 

"be  amended  to  read  as  follows:" 

Section  1.  That  the  City  Controller  of  the  City  of  Indianapolis 
be  and  he  is  hereby  authorized  for  the  purpose  of  procuring  money 
to  be  used  to  pay  the  City's  part  of  the  improvement  of  that  part  of 
Baltimore  Avenue  and  Hillside  Avenue,  as  provided  for  in  said  con- 
tracts as  set  out  in  this  Ordinance,  to  prepare  and  sell  sixty-one  (61) 
new  bonds  of  the  City  of  Indianapolis,  Marion  County,  Indiana,  for 
the  sum  of  One  Thousand    ($1,000.00)    Dollars   each,  which   bonds 

shall   bear   date    of   and    be    numbered 

from  one  (1)  to  sixty-one  (61), both  inclusive,  and  shall  be  designated 
as  "City  Street  and  Public  Highway  Bonds  of  1926,"  and  shall  be  is- 
sued in  twenty  (20)  series  as  follows:  The  first  nineteen  series  shall 


64  journal  of  common  council  [Special   Meeting 


be  for  three  (3)  bonds  of  One  Thousand  ($1,000.00)  Dollars  each. 
The  twentieth  series  shall  be  for  four  (4)  bonds  of  One  Thousand 
($1,000.00)  Dollars  each.  The  first  series  shall  mature  on  the  first 
day  of  January,  1928,  and  one  (1)  series  on  the  first  day  of  January 
thereafter,  to  and  including-  January  1st,  1947,  and  shall  bear  inter- 
est at  the  rate  of  four  and  one-half  (4^%)  per  cent,  per  annum, 
payable  semi-annually  on  the  first  day  of  July  and  January  of  each 
year,  and  said  installments  of  interest  shall  be  evidenced  by  interest 
coupons  attached  to  said  bonds,  and  the  first  coupon  to  each  of  said 
bonds  for  the  interest  on  said  bonds  from  the  date  of  issue  until  the 
first  day  of  July,  1927.  Said  bonds  and  interest  coupons  shall  be 
negotiable  and  payable  at  the  office  of  the  City  Treasurer  of  Indiana- 
polis. Said  bonds  shall  be  signed  by  the  Mayor  and  the  City  Con- 
troller of  the  City  of  Indianapolis  and  attested  by  the  City  Clerk,  who 
shall  affix  the  seal  of  said  City  to  each  of  said  bonds  and  the  inter- 
est coupons  attached  to  said  bonds  shall  be  authenticated  by  a  litho- 
graphed fac-simile  of  the  signatures  of  the  Mayor  and  City  Con- 
troller of  said  City  engraven  thereon  which  shall  for  all  purposes  be 
taken  and  deemed  to  be  equivalent  to  a  manual  signing  thereof.  Said 
bonds  shall  be  prepared  by  the  City  Controller  in  due  form  irrevo- 
cably pledging  the  faith  and  credit  of  the  City  of  Indianapolis  to  the 
payment  of  the  principal  and  interest  stipulated  therein,  respectively. 
It  shall  be  the  duty  of  the  City  Controller  at  the  time  of  the  issue  and 
negotiation  of  said  bonds  to  register  in  the  book  kept  for  that  pur- 
pose all  of  said  bonds  so  issued  and  negotiated  in  serial  number,  be- 
ginning with  bond  No.  One  (1)  entering  the  date  of  issue,  the  amount 
of  bond,  the  rate  of  interest,  the  date  of  maturity,  the  time  and 
place  for  the  payment  of  interest  and  the  place  of  payment  of  the 
principal;  said  bonds  shall  be  prepared  according  to  the  following 
forms  and  all  blanks  therein  shall  be  properly  filled  in  before  the 
issue  thereof: 

No $1,000.00 

UNITED  STATES  OF  AMERICA 

CITY   OF   INDIANAPOLIS 

MARION  COUNTY,   STATE   OF  INDIANA 

CITY  STREET  AND  PUBLIC  HIGHWAY  BONDS 

OF  1926. 

For  Value   Received,  the   City   of   Indianapolis,   in   Marion    County, 
State  of  Indiana,  hereby  promises  to  pay  to  the  bearer  without  any 

relief  from  valuation  or  appraisement  laws  on 

at  the  City  Treasurer's  Office  in  the  City  of  Indianapolis,  Indiana, 
One  Thousand  ($1,000.00)  Dollars  in  lawful  money  of  the  United 
States,  together  with  interest  thereon  at  the  rate  of  four  and  one- 
half  (4%%)  per  cent,  per  annum,  from  date  until  paid,  the  first 
interest  payable  on  the  first  day  of  July,  1927,  and  interest  thereafter 
payable  semi-annually  on  the  first  day  of  January  and  July,  respec- 
tively, on  the  presentation  and  surrender  of  the  proper  interest 
coupons  thereunto  attached  and  which  are  made  a  part  of  this  bond. 
This  bond  is  one  of  an  issue  of  sixty-one  (61)  of  One  Thousand 
($1,000.00)  Dollars  each,  numbered  from  one   (1)  to  sixty-one  (61) 

both  inclusive,  of  date  of ,  issued  by  the  City 

of  Indianapolis,  pursuant  to   an   ordinance  passed  by  the   Common 

Council  of  said  City  of  the day  of ,  19___,  and 

an  Act  of  the  General  Assembly  of  the  State  of  Indiana,  entitled: 


March  4,  1926]  city  of  Indianapolis,  ind.  65 


"An  Act  Concerning  Municipal  Corporations,"  approved  March  6, 
1905,  and  Acts  amendatory  thereof  and  supplemental  thereto. 

It  is  hereby  certified  that  all  things  and  acts  required  by  laws  of 
the  State  of  Indiana,  and  by  Ordinance  of  the  Common  Council  of 
the  City  of  Indianapolis,  precedent  to  the  issuance  of  this  bond,  have 
happened  and  have  been  done  and  performed  in  and  about  the  author- 
ization, appropriation,  issuance  and  complete  execution  of  this  bond, 
and  it  is  further  certified  that  this  bond  is  within  every  limit  of  debt 
prescribed  by  the  Constitution  and  laws  of  the  State  of  Indiana  and 
that  the  faith  and  credit  of  the  City  of  Indianapolis,  Indiana,  are 
hereby  irrevocably  pledged  to  the  punctual  payment  of  the  principal 
and  interest  of  this  bond  according  to  its  terms. 

IN  WITNESS  WHEREOF,  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  has  caused  this  bond  to  be  signed  by  the  Mayor 
and  the  City  Controller,  and  attested  by  the  City  Clerk,  and  the  cor- 
porate seal  of  said  City  to  be  hereunto  affixed  this . 


Attest:  . 


Mayor. 
City  Controller, 


City  Clerk. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage,  and  approval  by  the  Mayor. 

Which  was  read  a  first  time. 

INTRODUCTION  OF  MISCELLANEOUS  BUSINESS 

Mr.  Bartholomew  introduced  the  following  motion 
which  was  seconded  by  Mr.  Todd: 

Indianapolis,  Indiana 

March  4th,  1926 
Mr.  President: 

I  move  that  the  motion  introduced  by  Mr.  Albertson  and  sec- 
onded by  Mr.  Raub,  for  the  purpose  of  calling  Mr.  Schmidt,  City 
Engineer,  before  the  next  regular  meeting  of  the  Council  to  explain 
why  he  has  twenty  inspectors  on  his  force,  which  was  passed  by  the 
Council,  March  1st,  1926,  be  and  the  same  is  hereby  repealed  and 
declared  null  and  void,  and  that  the  same  be  and  hereby  ordered 
stricken  from  the  files,  and  that  the  said  City  Engineer  be  notified 
by  the  Clerk  of  the  Common  Council  to  disregard  notice  to  appear 
before  this  body. 

OTIS  E.  BARTHOLOMEW. 

Which  was  read  and  passed  by  the  following  roll 
call  vote : 

Ayes,  6,  viz :  Messrs.  Bartholomew,  Dorsett,  Ferguson, 
Negley,  Todd  and  President  Boynton  J.  Moore. 


66  journal  of  common  council  [Special   Meeting 

Noes,  3,  viz. :  Messrs.  Albertson,  Raub  and  Spring- 
steen. 

ORDINANCES  ON  SECOND  READING 

Mr.  Raub  called  for  General  Ordinance  No.  12  for 
second  reading.    It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr. 
Raub,  General  Ordinance  No.  12  was  ordered  stricken 
from  the  files  by  the  following  roll  call  vote : 

Ayes,  8,  viz :  Messrs.  Bartholomew,  Dorsett,  Ferguson, 
Todd,  Albertson,  Raub,  Springsteen  and  President  Boyn- 
ton  J.  Moore. 

Noes,  1,  viz:  Mr.  Negley. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
14  for  second  reading.    It  was  read  a  second  time. 

On  Motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  14  was  ordered  stricken 
from  the  files  by  the  following  vote : 

Ayes,  8,  viz:  Messrs.  Bartholomew,  Dorsett,  Fergus- 
on, Todd,  Albertson,  Raub,  Springsteen  and  President 
Boynton  J.  Moore. 

Noes,  1,  viz. :  Mr.  Negley. 

At  this  time  Mr.  Roberts,  Assistant  City  Attorney, 
spoke  in  explanation  of  his  request  on  the  Council  to  sus- 
pend the  rules  and  pass  General  Ordinances  Nos.  16 
and  17. 

At  2 :55  p.  m.,  the  Common  Council  on  motion  of  Dr. 
Todd,  seconded  by  Mr.  Bartholomew,  recessed  until 
3:10  p.  m. 

At  3 :  10  p.  m.,  the  Clerk  called  the  roll  and  found  all 
nine  members  present. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Dorsett,  the 
Council  voted  unanimously  to  suspend  the  rules  to  con- 
sider the  passage  of  General  Ordinance  No.  16. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
16  for  second  reading.    It  was  read  a  second  time. 


March  4,  1926]  city  of  Indianapolis,  ind.  67 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  16  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  16  was  read  a  third  time  and 
passed  unanimously  by  roll  call  vote  of  the  Council. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Dorsett,  the 
Council  voted  unanimously  to  suspend  the  rules  to  con- 
sider the  passage  of  General  Ordinance  No.  17. 

Mr.  Raub  called  for  General  Ordinance  No.  17  for 
second  reading.     It  was  read  a  second  time. 

On  motion  of  Mr.  Raub,  seconded  by  Dr.  Todd,  Gen- 
eral Ordinance  No.  17  was  ordered  engrossed,  read  a 
third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  17  was  read  a  third  time  and 
passed  unanimously  by  the  Common  Council  on  a  roll  call 
vote. 

At  3.28  o'clock,  p.  m.,  the  Common  Council  of  the 
City  of  Indinapolis,  adjourned. 

{7  U  President. 

Attest: 

City  Clerk. 


March   15,    1926]  city  of  Indianapolis,  ind.  69 

REGULAR  MEETING 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  March  15,  1926,  at  7  :30  p.  m., 
in  regular  session,  President  Boynton  J.   Moore  in  the 

Monday,  March  15,  1926,  7:30  p.  m. 
chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and  five 
members,  viz. :  Walter  R.  Dorsett,  Otis  E.  Bartholomew, 
Austin  H.  Todd,  Claude  E.  Negley  and  Edward  B.  Raub. 

Absent:  Messrs.  Albertson,  Ferguson  and  Spring- 
steen. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Bartholomew,  seconded  by  Dr.  Todd. 

COMMUNICATIONS  FROM  THE  MAYOR 

March  6,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  William  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No. 
17,  1926.  "An  Ordinance  to  amend  Section  1  of  General  Ordinance 
No.  108,  passed  by  the  Common  Council  of  the  City  of  Indianapolis 
on  the  7th  day  of  December,  1925,  and  approved  by  the  Mayor  on 
the  4th  day  of  March  1926,  entitled  "An  Ordinance  Authorizing  the 
sale  of  sixty-one  bonds  of  One  Thousand  ($1,000.00)  Dollars  each 
of  the  City  of  Indianapolis. 

J.  L.  DUVALL, 

Mayor. 

March  6,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  William  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No. 
16,  1926,  "An  Ordinance  to  amend  Section  1  of  General  Ordinance 
No.  110,  1925,"  passed  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  on  December  21,  1925,  entitled  "An  Ordinance 
Authorizing  the  borrowing  of  Forty-three  Thousand  ($43,000.00) 
Dollars  and  the  sale  of  Forty-three  (43)  Bonds  of  One  Thousand 
($1,000.00)  Dollars  each  of  the  City  of  Indianapolis." 

J.  L.  DUVALL, 

Mayor. 


7(1 


journal  of  common  council         [Regular  Meeting 


REPORT  FROM  CITY  OFFICERS 

March  15,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  presenting  you  with  General  Ordinance  No. 

,  1926,  transferring  the  sum  of  $2,000.00  from  Garage  and 

Motor  Fund  No.  33,  Department  of  Public  Works,  to  Equipment 
Fund  No.  72,  Department  of  Public  Works,  and  fixing  a  time  when 
the  same  shall  take  effect. 

I  recommend  the  passage  of  this  ordinance. 
Very  respectfully, 

WM.  C.  BUSER, 

City  Controller. 

March  15,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  presenting  you,  herewith,  a  General  Ordi- 
nance authorizing  me  to  make  a  permanent  loan  in  the  form  of  a 
bond  issue,  which  is  to  be  used  for  the  payment  of  unpaid  bills,  re- 
duction of  assessments  and  court  judgments,  which  have  accrued  up 
to  and  including  December  31,  1925. 

I  recommend  the  passage  of  this  ordinance. 
Respectively, 

WM.  C.  BUSER, 

City  Controller. 

REPORTS  FROM  STANDING  COMMITTEES 

Indianapolis,  Ind.,  March  12,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  City  Welfare  to  whom 
was  referred  General  Ordinance  No.  15,  1926,  entitled  "An  Ordinance 
relating  to  the  establishment  by  white  persons  of  a  home-residence  in 
a  negro  community,  and  the  establishment  by  negroes  of  a  home- 
residence  in  a  white  community,  providing  a  penalty  for  the  viola- 
tion thereof,  and  declaring  a  time  when  the  same  shall  take  effect," 
beg  to  report  that  we  have  had  said  ordinance  under  consideration, 
and  recommend  that  the  same  be  passed. 

AUSTIN  H.  TODD 
CLAUDE  E.  NEGLEY. 

INTRODUCTION  OF  GENERAL  AND  SPECIAL  ORDINANCES 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  18,  1926. 

AN  ORDINANCE,  authorizing  the  City  Controller  to  make  a  perm- 
anent loan  or  loans  in  the  sum  of  Two  Hundred  and  Ten  Thou- 
and  ($210,000.00)  Dollars  for  the  purpose  of  procuring  money 
to  be  used  for  the  purpose  of  the  payment  of  corporate  debts 


March  15,   1926]  city  of  Indianapolis,  ind.  71 


of  said  city  accrued  or  incurred  before  the  1st  day  of  January, 
1926,  by  the  last  preceding  city  administration  and  thus  in  and 
for  the  legitimate  exercise  of  the  corporate  power  of  said  city; 
authorizing  the  issuance  of  bonds  for  the  purposes  of  refunding 
such  loan  or  loans,  providing  for  the  terms  and  tenor  of  such 
bonds  which  shall  be  issued  in  evidence  of  such  loan  or  loans 
and  for  the  time  and  character  of  notice  and  the  mode  of  making 
sale  of  such  securities, and  authorizing  the  City  Controller  to 
make  and  supervise  the  preparation,  advertisement,  negotia- 
tion and  sale  of  such  securities,  as  provided  for  and  authorized 
by  an  Act  of  the  General  Assembly  of  the  State  of  Indiana, 
entitled : 

"An  Act  Concerning  Municipal  Corporations  approved 
March  6,  1905/' 

and  all  acts  amendatory  thereof  and  supplemental  thereto,  and 
fixing  a  time  when  the  same  shall  take  effect. 

WHEREAS,  there  are  now  unpaid  bills  and  obligations  of  the  City 
of  Indianapolis  accrued  or  incurred  by  the  City  on  or  before 
the  1st  day  of  January,  1926,  in  a  sum  in  excess  of  Two 
Hundred  Thousand  ($200,000.00)  Dollars,  including  bills  and 
obligations  caused  by  the  reduction  of  assessments  for  benefits 
against  abutting  property  owners  and  those  otherwise  benefited 
by  public  improvements,  including  judgments  against  the  City 
by  court  action,  and  including  large  sums  for  the  current  ex- 
penses for  the  operation  of  the  various  departments  of  the  City 
Government  before  January  1,  1926,  and  other  similar  expenses, 
and 

WHEREAS,  under  the  budget  Ordinance  of  said  city  for  the  year 
1926,  there  are  no  funds  nor  monies  with  which  to  pay  said 
debts  and  by  the  estimate  of  the  Controller  the  money  realized 
upon  levy  under  said  Budget  Ordinance  will  run  and  operate  in 
the  neighborhood  of  Eighty  Thousand  ($80,000.00)  Dollars 
short  of  meeting  the  current  obligations  of  the  city  for  the  year 
1926,  and 

WHEREAS,  the  said  debts  are  those  for  which  the  City  is  under  legal 
and  moral  obligation  to  pay,  and  if  provision  is  not  made  for 
their  payment  the  city  will  be  obligated  for  additional  costs  and 
expenses  by  reason  of  actions  brought  for  the  same  and  judg- 
ments against  the  city  incurred  thereby,  and 

WHEREAS,  the  credit  and  good  name  of  the  City  for  the  payment 
of  its  just  obligations  must  be  maintained. 

Now  Therefore,  Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Section  1.  That  the  City  Controller  be  and  he  is  hereby  author- 
ized for  the  purposes  of  procuring  money  to  be  used  for  the  purposes 
of  paying,  settling,  compromising  and  obtaining  acquittances  for  any 
and  all  debts,  obligations  and  legal  charges  against  said  city  accrued 
or  incurred  by  said  city  on  or  before  the  1st  day  of  January,  1926,  to 
prepare,  issue  and  sell  two  hundred  and  ten  (210)  new  bonds  of  the 
City   of   Indianapolis,    Marion    County,    Indiana,    of    One    Thousand 


72  joURNAt  of  common  couNOX         [Regular  Meeting; 


($1,000.00)     Dollars    each,    which    bonds    shall    bear    the    date    of' 

and  shall  be  numbered  from  one  (1) 

to  two  hundred  and  ten  (210)  both  inclusive,  and  shall  be  designated 
"Municipal  Debt  Bonds  of  1926,"  and  shall  bear  interest  at  the  rate 
of  four  and  one-half  (41/2%)  per  cent,  per  annum,  payable  semi- 
annually on  the  first  day  of and  the  first  day 

of of  each  year  of  the  period  of  said  bonds. 

The  first  seventy  (70)  of  said  bonds  in  the  sum  of  One  Thousand 
($1,000.00)  Dollars  each  shall  mature  and  be  payable  on  the  1st  day 
of  January  1928,  and  the  second  seventy  (70)  bonds  shall  mature 
and  be  payable  on  the  1st  day  of  January  1929,  and  the  third  seventy 
(70)  bonds  shall  mature  and  be  payable  on  the  1st  day  of  January, 
1930. 

The  first  coupon  attached  to  each  bond  shall  be  for  the  interest 
on  said  bond  from  the  date  of  issue  until  the  1st  day  of  July  1927. 
Said  bonds  and  interest  coupons  thereunto  attached  shall  be  negoti- 
able and  payable  at  the  City  Treasurer's  office  of  the  City  of  Indian- 
apolis, at  Indianapolis,  Indiana;  said  bonds  shall  be  signed  by  the 
Mayor  and  City  Controller  of  the  City  of  Indianapolis  and  attested 
by  the  City  Clerk,  who  shall  affix  the  seal  of  said  city  to  each  of  said 
bonds;  and  the  interest  coupons  attached  to  said  bonds  shall  be  au- 
thenticated by  a  lithographic  facsimile  of  the  signatures  of  the  Mayor 
and  the  City  Controller  of  said  city  engraved  thereon,  which  shall  for 
all  purposes  be  taken  and  deemed  to  be  equivalent  to  a  manual  sign- 
ing thereof;  said  bonds  shall  be  prepared  by  the  City  Controller  in 
due  form,  irrevocably  pledging  the  faith  and  credit  of  the  City  of 
Indianapolis,  Indiana,  to  the  payment  of  the  principal  and  interest 
stipulated  therein  respectively.  It  shall  be  the  duty  of  the  City  Con- 
troller, at  the  time  of  the  issue  and  negotiation  of  said  bonds,  to 
register  in  the  book  kept  for  that  purpose  all  of  said  bonds  so  issued 
and  negotiated  in  serial  number  beginning  with  bond  Number  One 
(1),  giving  also  the  date  of  their  issuance,  their  amount,  date  of 
their  maturity,  rate  of  interest  and  the  time  and  place  where  said 
interest  shall  be  payable,  and  said  bonds  shall  be  substantially  in 
the  following  form,  all  blanks  for  numbers  and  dates  to  be  properly 
filled  in  before  the  issuance  thereof  i 

No.  __„-^ —  $i,ooo.oa 

UNITED  STATES  OF  AMERICA 

CITY  OF  INDIANAPOLIS 

Marion  County  State  of  Indiana 

MUNICIPAL  DEBT  BONDS  OF  1926 

For  value  received,  the  City  of  Indianapolis,  Marion 
County,  State  of  Indiana,  hereby  promises  to  pay  to  the 
bearer  without  any  relief  from  valuation  or  appraisement 

laws,  on  the  1st  day  of _ ,  192 ,  at 

the  City  Treasurer's  office  of  the  City  of  Indianapolis,  In- 
diana, One  Thousand  ($1,000.00)  Dollars  in  lawful  money 
of  the  United  States  of  America  together  with  interest 
thereon  at  the  rate  of  four  and  one-half  (4%%)  per  cent, 
per  annum  from  date  until  paid,  the  first  interest  hereon 

being   payable    on    the    1st   day    of    , 

192 ,  and  the  interest  thereafter  being  payable  semi- 
annually on  the  1st  day  of  January  and  July,  respectively, 


Search    15,    1926]  city  of  tndianapoxis,  intd.  73 


upon  presentation  and  surrender  of  the  proper  interest  cou- 
pons hereunto  attached  and  which  are  made  a  part  of  this 
bond. 

This  hond  is  one  of  an  issue  of  two  hundred  and  ten 
(210)  bonds  of  One  Thousand  ($1,000.00)  Dollars,  each, 
numbered  from  one  (1)  to  two  hundred  and  ten  (210)  both 

inclusive  of  the  date  of  the day  of . 

192 :_.    Said  bonds  mature  and  shall  be  payable  in  series 

of  seventy    (70)    of  such  bonds  on  the day  of 

,  1928,  and  the  second  seventy  (70)  on  the 

day  of ,  1929,  and  the  third  seventy 

(70)  of  such  bonds  shall  mature  and  be  payable  on  the 

day  of ,  1930.  The  first  interest  cou- 
pon shall  be  payable  on  the  1st  day  of , 

192 These  bonds  are  issued  by  said  City  of  Indian- 
apolis pursuant  to  an  ordinance  of  said  city  passed  by  its 
Common  Council  at  the  City  of  Indianapolis,  Indiana,  on 

the day  of ,  1926,  and  to  an 

Act  of  the  General  Assembly  of  the  State  of  Indiana,  en- 
titled: "An  Act  concerning  Municipal  Corporations"  ap- 
proved March  6,  1905,  and  all  acts  amendatory  thereof  and 
:supplemental  thereto,  m 

It  is  hereby  certified  that  all  conditions,  acts,  and 
things  essential  to  the  validity  of  this  bond  exist,  have 
happened  and  have  been  done,  and  that  all  requirements  of 
:the  law  affecting-  the  issuance  thereof  have  been  duly  com- 
plied with  and  that  this  bond  is  within  every  debt  and 
other  limit  prescribed  by  the  constitution  and  laws  of  the 
State  of  Indiana,  and  that  the  faith  and  credit  of  the  City 
»of  Indianapolis,  Indiana,  are  hereby  irrevocably  pledged  te 
the  punctual  payment  of  the  principal  and  interest  of  this 
bond  according  to  its  terms. 

IN  WITNESS  WHEREOP  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  has  caused  this  bond  to  be 
signed  by  the  Mayor  and  City  Controller,  and  attested  by 
the  City  Clerk  and  the  corporate  seal  of  said  city  to  be  here- 
unto affixed  this  as  of  the - day  of , 

192 


ATTEST; 

~"City"cierk. 


-Mayor. 
City  Controller.,. 


Section  2.  Notice  of  the  determination  to  sell  said  bonds  shall 
he  published  in  two  daily  newspapers  of  opposite  political  faith  of 
the  two  leading  political  parties  for  one  issue  in  each  of  such  papers 

on  the day  of ,  1926,  the  same  being 

the  next  ensuing  Monday  after  the  signing  and  approval  of  this 
ordinance  by  the  Mayor.  Notice  of  receiving  bids  for  sale  of  said 
bonds  shall  be  published  and  advertised  in  two  daily  newspapers  of 
opposite  political  faith  of  the  two  leading  political  parties  for  two 
consecutive  weeks  with  one  insertion  thereof  each  week  in  each  of 


74  journal  of  common  COUNCIL         [Regular  Meeting 


said  papers  beginning  on  the  day  of  said  publication  of  said  notice 
of  determination,  the  second  insertion  being  upon  the  Monday  im- 
mediately following  said  first  insertion.  Sealed  bids  shall  be  re- 
ceived thereon  by  the  Controller  as  specified  in  said  notice  of  re- 
ceiving bids,  from  which  sealed  bids,  sale  shall  be  made  by  the  Con- 
troller thereof  to  the  highest  and  best  bidder. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  a  special 
committee  appointed  by  the  President  of  the  Council  con- 
sisting of  Mr.  Bartholomew,  Chairman,  Mr.  Raub,  Dr. 
Todd,  Mr.  Dorsett  and  Mr.  Ferguson. 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  19,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  Two  Thousand  ($2,000) 
Dollars  from  the  Garage  and  Motor  Fund  No.  33,  Department 
of  Public  Works,  and  reappropriating  the  same  to  Equipment 
Fund  No.  72,  Department  of  Public  Works,  and  fixing  a  time 
when  the  same  shall  take  effect. 

WHEREAS,  the  City  of  Indianapolis,  through  its  authorized  agents 
failed,  refused  and  neglected  at  the  time  of  making  of  the  Ap- 
propriation Budget  Ordinance  for  1926  to  set  aside  any  funds 
in  Equipment  Fund  No.  72,  Department  of  Public  Works,  and 

WHEREAS,  there  are  now  no  available  funds  in  the  Department  of 
Public  Works,  in  Equipment  Fund  No.  72, 

Now  Therefore,  Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Indianap  olis,  Indiana : 

Section  1.  That  the  sum  of  Two  Thousand  ($2,000.00)  Dollars 
be  and  the  same  is  hereby  now  transferred  and  reappropriated  from 
Garage  and  Motor  Fund  No.  33,  Department  of  Public  Works,  to 
Equipment  Fund  No.  72,  Department  of  Public  Works. 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Fi- 
nance Committee. 

INTRODUCTION  OF  MISCELLANEOUS  BUSINESS 

By  Mr.  Raub : 

RESOLUTION  NO.  2,  1926. 

WHEREAS,  the  County  Treasurer  of  Marion  County,  ex-officio 
City  Treasurer  of  the  City  of  Indianapolis,  has  in  his  custody  a  fund 


March  15,  1926]  city  of  indianapolis,  ind.  75 


'derived  from  Barrett  Law  prepayments  aggregating-  on  the  average 
rmore  than  a  million  dollars,  which  prepayed  amounts  cannot  be  ap- 
plied on  Barrett  Law  bonds  prior  to  bond  maturities ;  and 

WHEREAS,  the  Treasurer  claims  that  this  fund  does  not  come 
under  the  provisions  of  the  Depository  Law,  but  keeps  same  in  banks 
and  trust  companies  of  his  own  selection  and  is  not  accounting  for 
any  interest  received  on  said  fund,  and 

WHEREAS,  the  City  of  Indianapolis  and  the  Barrett  Law  Fund 
is  losing  the  interest  on  said  fund,  thus  making  and  continuing  the 
deficit  in  the  Barrett  Law  fund  even  though  an  annual  special  tax 
upon  the  whole  city  is  being  levied  in  a  vain  attempt  to  wipe  out 
this  increasing  deficit;  and 

WHEREAS,  we  believe  that  the  interest  on  said  fund  should  be 
accounted  for  by  the  City  Treasurer  and  applied  to  the  fund  to  which 
same  belongs,  thus  saving  the  taxpayers  of  the  city  approximately 
Fifty  Thousand  ($50,000.00)  Dollars  per  year;  and 

WHEREAS,  the  Acts  of  1915,  authorizing  said  special  tax  is  of 
doubtful  constitutionality,  being  a  tax  levied  on  the  whole  city  to 
make  up  a  deficit  in  an  improvement  fund ;  and 

WHEREAS,  the  holders  of  Barrett  Law  Bonds  are  interested  in 
protecting  said  fund  which,  if  not  supplemented  by  a  special  tax, 
would  prove  wholly  insufficient  to  redeem  outstanding  improvement 
bonds;  and 

WHEREAS,  the  State  Legislature,  Acts  1915,  Page  548,  pro- 
vided that  prepayments  should  constitute  a  "special  fund"  held  in 
trust  by  the  City  Treasurer  and  through  the  City  Comptroller  invest- 
ed in  other  bonds  and  the  interest  applied  to  prevent  said  deficit  in 
the  Barrett  Law  fund;  and 

WHEREAS,  it  has  been  contended  that  this  Act  could  have  no 
retroactive  application  to  bonds  issued  prior  to  1915,  yet  clearly,  the 
Act  is  applicable  as  to  all  improvement  bond  issues  made  subsequent 
to  the  effective  date  of  the  1915  Act;  and 

WHEREAS,  the  Acts  of  1921,  page  851,  which  fixes  the  salaries 
and  compensation  of  the  various  officials  including  the  Treasurer  of 
Marion  County,  by  Section  4,  expressly  provides  that 

"Deposits  must  be  made  of  all  funds  of  any  character 
whatsoever  coming  into  the  custody  of  any  official 
named  in  this  Act,  and  such  funds  shall  be  held  subject 
to  the  provisions  of  the  depository  laws  of  the  State  of 
Indiana";  and 

WHEREAS,  we  are  informed  that  the  Treasurer  of  the  City  of 
Indianapolis  is  making  no  attempt  to  comply  with  either  of  said  Acts, 
which  conduct  and  evasion  if  continued  will  cause  a  loss  to  the  Bar- 
rett Law  fund  of  an  amount  approximating  from  Forty-five  Thou* 
sand  ($45,000.00)  Dollars  to  Sixty  Thousand  ($60,000.00)  Dollars 
per  year. 

NOW  THEREFORE  BE  IT  RESOLVED  by  the  Common  Coun- 
cil of  the  City  of  Indianapolis  that  this  matter  be  referred  to  the 
Corporation    Counsel,   and   that   he    be  requested    to    institute    such 


76  journal  of  common  council         [Regular  Meeting 

proceedings  and  take  such  steps  as  he  may  deem  necessary  and 
proper  to  enforce  the  provisions  of  the  laws  of  this  State  applicable 
to  Barrett  Law  monies  coming  into  the  hand  of  the  City  Treasurer, 
and  that  the  Corporation  Counsel  be  requested  to  require  the  City 
Treasurer  to  deposit  all  Barrett  Law  funds,  including  prepayments, 
in  the  authorized  depositories  of  the  City  and  the  investment  of  said 
prepayment  monies  in  other  bonds,  all  as  provided  by  law,  to  the  end 
that  the  taxpayers  of  Indianapolis  may  be  saved  approximately  Fifty 
Thousand  ($50,000.00)  Dollars  annually  in  taxes,  and  to  protect  the 
integrity  of  outstanding  Improvement  Bonds  in  case  the  special  tax 
which  has  been  levied  to  make  up  said  deficit  and  supplement  said 
fund  is  declared  illegal. 

EDWARD  B.  RAUB 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Law  and  Judiciary. 

ORDINANCES   ON  SECOND   READING 

Dr.  Todd  called  for  General  Ordinance  No.  15,  1926, 
for  second  reading.  It  was  read  a  second  time. 

Mr.  Bartholomew  arose  to  a  point  of  order  pointing 
out  that  inasmuch  as  the  entire  committee  on  City  Wel- 
fare was  not  present  and  due  to  the  fact  that  only  a 
minority  report  was  brought  in  to  the  Council  that  it  was 
the  desire  of  the  majority  members  to  postpone  action  on 
General  Ordinance  No.  15  until  the  next  regular  meeting 
in  order  to  give  other  persons  and  organizations  the  op- 
portunity to  meet  with  the  committee  and  discuss  the 
ordinance. 

At  this  time  Mr.  Dorsett  moved  that  there  be  a  recess; 
Dr.  Todd  seconded  the  motion.    Passed. 

The  Council  recessed  from  8:00  o'clock  to  8:14 
o'clock. 

Upon  reconvening  the  roll  was  called  and  the  same 
members  were  present  as  before. 

Mr.  Bartholomew  moved  that  the  President  of  the 
Council  appoint  a  member  of  the  Council  to  serve  tem- 
porarily in  the  place  of  Mr.  Springsteen  on  the  Committee 
on  City  Welfare,  which  was  seconded  by  Dr.  Todd  and 
carried. 

President  Moore  then  appointed  Mr.  Dorsett  to  fill 


March    15,    1926]  city  of  Indianapolis,  ind.  77 

temporarily  the  place  of  Mr.  Springsteen  on  this  com- 
mittee. 

Mr.  Dorsett  then  moved  that  the  Council  recess  for 
five  minutes,  which  was  seconded  by  Dr.  Todd.    Carried. 

The  Council  recessed  from  8:16  o'clock  to  8:20 
o'clock. 

Upon  reconvening  the  roll  was  called  and  the  same 
members  were  present  as  before. 

Mr.  Raub  called  for  committee  reports  on  General 
Ordinance  No.  15,  1926,  which  were  submitted  as  follows: 

Indianapolis,  Indiana,  March  15,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  City  Welfare  to  whom  was 
referred  General  Ordinance  No.  15,  1926,  beg  leave  to  report  that 
we  have  had  said  ordinance  under  consideration,  and  recommend 
that  the  same  be  passed. 

OTIS  E.   BARTHOLOMEW 
WALTER  R.  DORSETT 
CLAUDE  E.  NEGLEY 
AUSTIN  H.  TODD. 

Indianapolis,  Ind.,  March  15,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — The  undersigned,  a  member  of  your  Committee 
on  City  Welfare  to  whom  was  referred  General  Ordinance  No.  15, 
1926,  beg:  leave  to  report  that  I  have  had  said  ordinance  under  con- 
sideration, and  recommend  that  the  same  be  not  passed  for  the  rea- 
son that  said  ordinance  is  in  my  opinion  invalid,  and  because  also 
said  ordinance  violates  the  spirit  of  our  American  institutions. 

EDWARD   B.   RAUB. 

At  this  time  Mr.  Bartholomew,  in  explanation  of  the 
committee's  action  during  the  recess,  said  that  while  he 
was  in  favor  of  delaying  action  on  the  ordinance  he  had 
never  publicly  or  privately  expressed  his  approval  or  dis- 
approval of  the  ordinance;  that  ine  majority  of  the  mem- 
bers of  the  committee  had  intended  to  postpone  action 
but  after  appointing  Mr.  Dorsett  to  fill  the  place  made 


78  journal  of  common  council        [Regular  Meeting 

vacant  by  the  absence  of  Mr.  Springsteen  it  was  decided 
by  the  committee  to  bring  in  a  favorable  report 

Dr.  Todd  then  took  the  floor  and  explained  that  he  had 
been  the  recipient  of  petitions  totalling  five  thousand  or 
more  names  petitioning  the  Council  to  pass  the  ordinance 
at  this  session  and  he  felt  this  was  a  representative  ex- 
pression of  the  citizens  of  Indianapolis  and  the  same 
should  not  be  delayed  further  and  he  was  in  hearty  ac- 
cord with  the  decision  of  the  committee  to  pass  this  ordi- 
nance at  this  session. 

Mr.  Raub  arose  to  express  his  convictions  on  the  ordi- 
nance, stating  that  he  realized  the  situation  involving  the 
people  in  northwestern  Indianapolis  but  that  he  felt  the 
matter  was  one  that  should  better  be  handled  by  the 
Inter-racial  committee  and  in  addition  he  felt  the  ordi- 
nance was  unconstitutional  and  could  be  declared  in- 
valid. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Negley,  Gen- 
eral Ordinance  No.  15  was  ordered  engrossed,  read  a 
third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  15  was  read  a  third  time  and 
passed  by  the  following  roll  call  vote : 

Ayes,  5,  viz. :  Messrs.  Bartholomew,  Dorsett,  Negley., 
Todd  and  President  Boynton  J.  Moore. 

Noes,  1,  viz. :  Mr.  Raub. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Negley,  the 
Common  Council  of  the  City  of  Indianapolis  adjourned  at 
8:28  p.  m. 

vm      #  U  President. 

Attest*      '  '       :  v         :     %  :«:::J:\  i 


April  5,  1926]  city  of  Indianapolis,  ind.  81 


REGULAR  MEETING 

Monday,  April  5,  1926,  7:30  p.  m. 
The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  April  5,  1926,  at  7:30  p.  m.,  in 
regular  session,  President  Boyton  J.  Moore  in  the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and  seven 
members,  viz.:  Claude  E.  Negley,  O.  Ray  Albertson, 
Edward  B.  Raub,  Otis  E.  Bartholomew,  Walter  R.  Dor- 
sett,  Millard  W.  Ferguson  and  Austin  H.  Todd. 

Absent:    Robert  E.  Springsteen. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Negley. 

COMMUNICATIONS   FROM   THE   MAYOR 

March  23,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  returning  to  you  herewith,  General  Ordinance 
No.  15,  being  an  Ordinance  "relating  to  the  establishment  by  White 
persons  of  a  home-residence  in  a  Negro  community,  and  the  estab- 
lishment by  Negroes  of  a  home-residence  in  a  White  community, 
providing  a  penalty  for  the  violation  thereof,  and  declaring  a  time 
when  the  same  shall  take  effect,"  to  which  Act  I  have  this  day  affixed 
my  signature  as  Mayor  of  the  City  of  Indianapolis. 

I  have  signed  this  ordinance  after  careful  study  and  delibera- 
tion and  despite  the  fact  that  the  entire  staff  of  the  City  legal  de- 
partment, and  other  able  lawyers  as  well,  in  written  opinions  seri- 
ously question  the  constitutionality  of  the  same.  Our  city  govern- 
ment, however,  is  divided  into  two  distinct  branches,  the  executive 
and  the  legislative.  It  is  not  the  executive  duty  to  pass,  or  even 
attempt  so  to  do,  upon  the  validity  of  any  act  of  the  legislative 
branch. 

This  Ordinance  came  before  your  body  at  your  meeting  of 
March  15,  when  Councilman  Austin  H.  Todd,  the  author  of  the  bill, 
called  the  measure  up  for  action.  It  was  passed  by  the  votes  of  your 
President,  Mr.  Boynton  J.  Moore,  Mr.  Claude  E.  Negley,  Mr.  Walter 
R.  Dorsett,  Mr.  Otis  E.  Bartholomew  and  Mr.  Todd,  all  being  regular 
members  of  the  Common  Council.  There  was  only  one  dissenting 
vote  among  your  body  among  those  present  at  that  meeting.  The 
Ordinance  was  transmitted  to  me  in  the  regular  form  and,  as  your 
body  is  the  regularly  constituted  legislative  branch  of  our  city 
government,  I  am  hereby  and  within  ten  days  after  receiving  the 
some,  returning  the  Ordinance  to  you  with  my  signature. 

This  ordinance  is  in  the  nature  of  a  zoning  measure.    The  tenor 


82  journal  of  common"  codncil         |  Regular  fleeting; 


of  the  Act  seems  to  be  to  preclude  the  possibility  of  either  our 
White  citizens  or  our  Negro  citizens  obtaining  any  advantage,  each 
over  the  other,  in  the  matter  of  residence.  I  have  discussed  the 
measure  with  hundreds  of  our  citizens,  both  White  and  Negro,  and  I 
have  found  many  for  the  measure  among  both  classes.  It  is  likewise 
true  that  I  have  found  much  opposition  toward  it. 

I  do  not  believe  there  is  any  intention  on  the  part  of  your 
honorable  body  to  attempt  to  discriminate  against  any  class,  either 
WThite  or  Negro  as  such,  in  the  matter  of  the  establishment  of  a 
home-residence.  It  would  naturally  follow  that  if  the  City  of  In- 
dianapolis is  to  continue  to  grow  and  prosper,  that  we  should  have  in 
effect  certain  zoning  ordinances.  Our  City  Plan  Commission  was 
established  for  that  very  reason,  that  the  City  of  Indianapolis  might 
be  carefully  planned  so  as  to  assure  its  future  growth  and  continued 
prosperity.  In  this  connection  I  do  not  believe  that  it  is  amiss  for  me 
to  quote  Booker  T.  Washington,  that  great  leader  whose  memory  is 
so  dear  to  the  hearts  and  minds  of  the  Negro  race,  who  once  said : 
"In  all  things  that  are  purely  social  we  can  be  as  separate  as  the 
fingers,  yet  one  as  the  hand  in  all  things  essential  to  mutual  prog- 
ress." 

To  those  good  folks  and  loyal  American  citizens  who  oppose  this 
measure,  I  feel  that  if  they  study  the  Ordinance  with  an  open  mind 
and  as  the  patriotic  Americans  they  are,  with  an  interest  in  their 
race,  their  home,  their  family  and  their  future,  they  will  hail  with 
delight  this  step  toward  the  solution  of  a  problem  that  has  long 
caused  deep  thought  and  serious  study  by  members  of  both  our 
races. 

In  conclusion,  I  wish  to  say  that  the  Mayor  is  signing  this 
Ordinance,  firm  in  the  belief  that  it  meets  with  the  approval  of  the 
great  mass  of  our  people,  in  the  interest  of  peace  and  happiness  on 
earth  and  good  will  toward  mankind,  ever  bearing  in  mind  his  sacred 
duty  to  the  people  he  represents,  regardless  of  race,  color  or  creed, 
and  the  supreme  obligation  that  we  are  under  to  Almighty  God. 

Respectfully  yours, 

JOHN  L.  DUVALL, 

Mayor. 

REPORTS  FROM  CITY  OFFICERS 

April  5,  1326?. 
To  Mr.  William  A.  Boyce,  Jr.,    Clerk    of    the   Common    Council,    City  of 

Indianapolis. 

Dear  Sir — At  the  request  of  the  City  Plan  Commission  I  am 
forwarding  to  you  thirteen  copies  of  an  Ordinance  to  amend  Gen- 
eral Ordinance  No.  114,  1922,  known  as  the  Zoning  Ordinance,  with 
the  recommendation  of  the  Plan  Commission  that  the  same  be  passed 
by  the  Council. 

Since  the  Zoning  Ordinance  was  first  passed  we  have  had  con- 
siderable trouble  with  the  provision  with  reference  to  from  yard 
lines  and  several  amendments  have  been  passed  changing  the  same. 
From  practical  experience  the  Commission  feels  that  the  Ordinance 
as  originally  passed  took  care  of  this  provision  better  than  is  now 
done  under  the  amendments.  Therefore,  this  amendment  merely 
reinstates  the  provisions  of  the  originial  Zoning  Ordinance  with 
reference  to  front  yard  lines. 


April  5,  1926]  city  of  Indianapolis,  ind.  83 


This  Ordinance  also  has  the  endorsement  of  the  Commissioner 
of  Buildings  whose   department  has  more   to   do  with   the   question 
than  any  other- 
Very  truly  yours, 

CITY  PLAN  COMMISSION, 

MARIE  VICTOR, 

Secretary. 

April  5,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — The  Controller  must  by  statue  present  to  the  Com- 
mon Council  a  financial  statement  for  each  preceding  year  and  have 
same  printed  in  pamphlet  form  for  distribution. 

As  the  fund  from  which  the  expense  of  this  work  is  to  be  paid 
is  not  sufficient  to  pay  for  same,  I  am,  therefore,  handing  you  here- 
with a  General  Ordinance  requesting  the  transfer  of  $500.00  from 
the  City  Controller's  fund,  known  as  item  No.  61,  and  reappropriat- 
ing  the  same  to  the  City  Controller's  fund  No.  241,  "Advertising  and 
Publication." 

I  respectfully  recommend  the  passage  of  this  Ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

April  5,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis _,  Indiana: 

Gentlemen — I  have  been  requested  by  Wm.  A.  Boyce,  Jr.,  City 
■Clerk,  to  transfer  some  money  into  two  of  his  funds,  which  are  prac- 
tically depleted.  Upon  investigation  I  find  that  City  Clerk  account 
.No.  212,  "Postage,  Telegram  and  Telephone,"  and  also  City  Clerk 
account  No.  36,  "Office  Supplies,"  does  not  have  a  sufficient  balance 
to  cover  the  expenses  which  are  necessary  to  be  paid  from  these 
accounts. 

1,  therefore,  am  handing  you  herewith  a  General  Ordinance 
transferring  the  sum  of  $200.00  from  the  City  Controller's  fund  No. 
61  to  City  Clerk  fund  account  No.  212  and  City  Clerk  account  No. 
36;  $100.00  to  go  to  each  fund. 

I  respectfully  recommend  the  passage  of  this  Ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

April  5,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith   a   General   Ordinance 
requesting  that   $5,000.00   be  transferred   from   the  Department   of 
the  City  Civil  Engineer  fund  No.  21,  "Team  Hire,"  and  reappropriat- 
ing  same  to  fund  No.  72,  "Equipment,"  in  the  same  department. 
I  respectfully  recommend  the  passage  of  this  Ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller, 


84  journal  of  common  council         [Regular  Meeting 


March  30,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — Your  Street  Commissioner,  apprized  that  gasoline- 
tax-allottment  for  Indianapolis  is  now  available,  respectfully  peti- 
tions to  be  relieved  through  that  source  from  the  effects  of  bad 
"budgeteering." 

You  are  aware  that  the  1926  budget  for  our  department  was 
cut  $89,599.00  below  the  budget  of  1925,  but,  permit  us  to  recall 
that  the  1925  budget,  which  served  as  a  basis,  had  priorly  been  cut 
$123,000.00  below  normal.  Thus  the  1926  appropriations  suffered  a 
cut  of  $89,599.00  plus  $123,000.00,  a  total  of  $212,599.00  below  the 
normal. 

It  is  undisputed  that  long  before  the  close  of  the  road  season 
our  predecessors  in  office,  because  of  lack  of  funds,  were  compelled 
to  curtail  the  activities  of  the  Street  and  Bridge  Departments,  and, 
long  before  the  close  of  their  administrative  term  work  was  prac- 
tically suspended. 

We  are  now  suffering  from  the  effects  of  these  enforced  in- 
activities of  our  predecessors.  The  total  absence  of  the  so  essential 
fall  and  pre-winter  attention  to  streets  and  alleys  has  caused  a  com- 
plete breakdown  of  from  500  to  800  miles  of  roadway,  nearly  all  of 
which  will  have  to  be  rebuilt  from  the  bottom  up.  Our  present  fund, 
less  than  $2.00  per  city  block  will  not  permit  this. 

The  most  effective  roadwork  is  done  during  the  spring  of  the 
year.  The  ground  at  that  time  contains  sufficient  moisture  to  permit 
scarifying. 

Grading  and  shaping  is  likewise  much  easier  and,  above  all,  the 
roadway  will  pack  under  ordinary  travel.  Such  work,  however,  if  to 
be  undertaken  on  a  larger  scale  than  our  present  budget  permits,  will 
have  to  be  planned  now.  Districts  will  have  to  be  inspected  and  con- 
ditions noted;  additional  road  machinery  and  tools  will  have  to  be 
taken  from  storage  and  placed  in  conditions  for  service;  additional 
trucks  will  have  to  be  commandeered  into  service,  grader  and  tractor 
men  will  have  to  be  engaged,  etc.,  etc.,  and  a  number  of  time 
consuming  other  preliminaries  must  be  taken  up  at  once. 

We  learn  that  the  allottment  for  our  city  is  in  custody  of  our 
City  Controller,  the  discretion,  however,  which  road  building  or  which 
Bridge  building  and  repair  department  shall  receive  the  benefit  from 
the  funds,  lays  with  the  gentlemen  of  our  Common  Council.  Since 
this  fund  can  only  be  used  for  Bridges  and  Streets  and  since,  in  our 
city,  both  of  these  departments  are  under  the  jurisdiction  of  your 
Street  Commissioner,  we  respectfully  petition  that  steps  be  taken 
to  make  funds  available  at  the  earliest  possible  moment,  to  permit 
the  planning  of  bridge  and  street  activities  on  a  scale  commensurate 
with  funds,  if  any,  at  our  disposal. 

Respectfully  yours, 

GEO.   WOODWARD, 

Street  Commissioner. 

BRIDGE    REPAIRS 

Estimate  of  work,  which,  because  of  lack  of  appropriations,  can 
not  be  handled  during  1926: 


April  5,  1926]  city  of  Indianapolis,  ind.  85 

West  10th  Street  bridge,  blocked  to  traffic  since  September, 
1925. 

This  bridge,  an  otherwise  substantial  structure,  which  will  stand 
for  twenty  years  if  taken  under  repair  now,  is  rapidly  deteriorating. 
The  flooring,  nailers  and  underlays  are  in  such  badly  rotted  condition 
that  the  bridge  was  blocked  under  last  administration  and  has  re- 
mained so  since.  The  bridge  has  not  been  painted  for  years  and  rust 
is  beginning  to  eat  away  schew  threads  of  hangers  and  brace  rods, 
unless  attention  is  given  at  an  early  date.  Complaints  from  resi- 
dents in  section  served  by  this  bridge  are  pouring  into  our  office 
daily. 

This  bridge  is  400  feet  long  and  30  feet  wide,  and  the  entire 
floor  will  have  to  be  torn  out,  including  underlays  and  nailers.  Our 
estimate  follows: 

11  nail  ties  400  ft.  long,  3  in.  by  10  in.  by  20  ft 9,260   ft.   Oak 

Bottom  floor  30  ft.  by  400  ft.  by  2  V2  in 30,000  ft.   Oak 

Top  floor  24  ft.  by  400  ft.  by  2  in 19,200  ft.   Oak 

Total  @    $46.00  pr.  58,460   ft.   Oak 

Costs  of  lumber $2,689.16 

25  kegs  nails  and  spikes 110.00 

Graphiting  and  painting 1,000.00 

Carpenters   and   laborers 3,500.00 

Total  Estimated  Cost $7,299.16 

Harding  Street  River  Bridge,  dangerous  but  still  open  to  traffic. 
This  bridge  which  is  still  open  to  traffic,  despite  its  dangerous 
condition,  has  wood-block  travel-floor.  Gravel  trucks  heavily  laden 
cross  this  bridge  continuously  with  floor  waving  up  and  down  under 
loads.  This  block  floor  should  be  removed  entirely  and  replaced  by 
double  travel-way.  The  bridge  is  550  feet  long  and  20  feet  wide.  We 
estimate  cost  as  follows: 

28,000  feet  2%  in.  flooring $2,265.00 

20,000  feet  2  in.  flooring 1,810.00 

5,000  feet  3  by  8  joice 250.00 

20  kegs  nails,  bolts  and  rods 200.00 

Carpenters  and  laborers 3,500.00 

Total    $8,055.00 

Raymond  Street  White  River  Bridge,  open  to  traffic  but  badly 
in  need  of  repairs. 

This  bridge  is  400  feet  long  and  20  feet  wide,  is  subjected  to 
heavy  travel  of  heavily  laden  trucks  and  is  rapidly  breaking  down. 
Repairs  estimated  at  $1,500.00  total  will  place  this  bridge  in  service- 
able condition. 

21st  Street  and  Fall  Creek  Bridge,  open  to  traffic  but  travel 
floor  in  bad  condition. 

This  bridge  is  180  feet  long  and  16  feet  wide.  The  underfloor 
is  in  fair  condition  but  travel  floor  is  worn  out  and  must  be  replaced 
at  an  early  date. 

Lumber,  180  ft.  by  16  ft.  by  2  in.— 5,860  ft.  @   $45.00 $263.70 

Nails    20.00 

Carpenters  and  laborers 300.00 

Total    $583.70 


86  JOURNAL  OF  common  council         [Regular  Meeting 


West  Michigan  and  Eagle  Creek  Bridge. 

This  bridge  is  open  to  traffic  but  floor  is  in  bad  state  of  pres- 
ervation, and  must  be  relaid  to  make  bridge  safe  for  auto  travel. 
We  find  that  about  50  per  cent,  of  present  floor  timber  can  be  sal- 
vaged and  used  again,  and  that  the  cost  of  thoroughly  overhauling 
will  not  exceed  $250.00. 

Twenty-fifth  Street  and  Canal  Bridge. 

This  bridge  is  75  feet  long  and  20  feet  wide.  Flooring  of  this 
bridge  is  in  bad  condition  and  needs  replacing  now.  Approximately 
4,000  feet  of  2%  in.  Oak  lumber  are  required.  We  estimate  the  cost 
as  near  $500.00. 

Vermont  Street  and  Pogue  Run  Bridge. 

This  bridge  is  50  feet  long  and  27  feet  wide  and  requires  2V2  in. 
floor  and  50  joice  18  ft.  by  10  in.  by  2%  in.  We  estimate  the  total 
costs  of  these  repairs  to  be  about  $300.00. 

Cottage  and  Pleasant  Run  Bridge. 

Open  to  traffic.  This  bridge  is  70  ft.  by  18  ft.  in  dimensions  and 
underlays  are  rotted  and  bad. 

We  estimate  the  costs  of  repair  at  $500.00. 

South  Meridian  Street  and  Pleasant  Run  Bridge. 

Open  to  traffic;  is  70  feet  long  and  24  feet  wide;  double  floor- 
ing and  joice  rotted.  We  estimate  the  costs  of  tearing  out  and  re- 
placing double  floor  and  joice  at  approximately  $800.00. 

General  repairs  needed  on  the  following  bridges: 

Walnut  and  Canal , $200.00 

Beecher  and  Pleasant  Run 300.00 

Barth  Ave.  and  Pleasant  Run 200.00 

Shelby  St.  and  Pleasant  Run 400.00 

Minnesota  St.  and  Pleasant  Run 200.00 

Spruce  St.  and  Pleasant  Run 300.00 

1,200  ft.  floor  for  Sidewalks,  8  ft.  by  70  ft.,  for  Orphans  Home. 
1,000  ft.  joice  for  Sidewalks  for  Orphans  Home. 

Prospect  and  Pleasant  Run,  2,000  ft.  floor,  $300.00. 

Bolton  Avenue  and  Pleasant  Run — Concrete  abutement  and  gen- 
eral repairs,   $200.00. 

"Ritter  Avenue  and  Pleasant  Run — General  repairs,  $200.00. 

This  is  but  a  part  of  the  work  needed  on  some  of  the  City 
fridges.  The  short  space  of  time  and  small  carpenter  force  did  not 
permit  a  minute  examination  of  all  bridges. 

Part  of  list  of  streets  and  roadways  within  the  city,  from  which 
complaints  are  now  on  file  in  Street  Commissioner's  office,  but  which 
we  have  been  unable  to  relieve  because  of  lack  of  appropriations. 
This  list  does  not  include  the  alley  complaints,  numbering  hundreds 
in  addition  to  the  above: 

South  Alabama  from  Louisana  to  South  St. 

Adams  St.  at  20th  St.  and  north. 

Allen  Ave.  at  20th  St.  and  north. 

Arsenal  Ave.  at  31st  St.  and  north  and  south. 

Allen  Ave.  in  2600  block,  etc.,  etc. 

Alton  Ave.  at  Vermont  and  North  Sts.,  etc. 

Broadway  at  56th  St.,  etc. 

56th  St.  at  College,  etc.,  etc. 

Laverock  at  College,  east  and  west. 


April  5,  1926]  city  of  Indianapolis,  ind.  87 


37th  St.  at  Crescent,  etc.,  etc. 

California  St.  at  3000  block,  etc.,  etc.    Cruft  St.  for  many  blocks. 

S.  Capitol  Ave.  for  blocks  at  Morris  St. 

Congress  Ave.  and  Byram  St.,  etc.,  etc. 

Centennial  St.  from  Michigan  St.,  etc. 

Cottage  from  Olive,  etc.,  etc. 

Cornell  Ave.  in  6100  block,  etc.,  etc. 

Cornelius  Ave.  at  4600  block,  etc.,  etc. 

Clifton  St.  at  37th,  etc.,  etc. 

Exeter  St.  at  Michigan,  etc.,  etc. 

W.  14th  St.,  many  blocks. 

50th  St.  from  Monon  Tracks  west,  blocks. 

57th  St.  at  Guilford  for  blocks. 

Guilford  at  50th   St.   for  blocks. 

Golay  at  1300  block,  etc.,  etc. 

Broadway  at  55th  St.,  etc.,  etc.,  for  blocks, 

N.  Bolton  Ave.  at  700  block,  etc.,  etc. 

Brouse  St.  at  28th  St.,  etc.,  etc. 

Bacon  St.  at  1000  block,  etc.,  etc. 

Beechwood  at  Sheridan,  etc.,  etc. 

Beechwood  at  Arlington,  etc.,   etc. 

Bright  St.  at  New  York,  etc.,  etc. 

Douglas  St.  at  New  York,  etc.,  etc. 

New  York  St.  at  intersections  west  end. 

Boyd  Ave.  at  Kelly  St.,  etc.,  etc. 

Bosart  Ave.  at  21st  St.,  etc.,  etc. 

Byram  and  Sunset,  etc..  etc. 

Cruft  St.  at  Shelby  for  blocks. 

S.  Capitol  from  Morris  to  Arizona. 

Harlan  St.,  200  block,  etc.,  etc. 

Hovey  St.  at  31st  St.,  etc..  etc. 

Linden  St.  at  Brudbury  St..  etc.,  etc. 

Orange  St.  west  of  Shelby  St.  for  blocks. 

Pomander  Place  in  1100  block,  etc.,  etc. 

E.  Pratt  St.  at  3200  block,  etc.,  etc. 

Rochester  Ave.  in  600  block,  etc.,  etc. 

W.  17th  St.  at  1100  block,  etc.,  etc. 

E.  17th  St.  at  4600  block  and  in  both  directions. 

60th  St.  in  600  block  and  in  both  directions. 

Shank  St.  from  Campbell  east.  etc. 

W.  Southern  Ave.  from  Meridian  St.  for  blocks. 

Batton  St.,  700  block  north,  etc. 

Brouse  St.,  2700  block,  etc.,  etc. 

Bacon  St.  at  Shelby,  etc.,  etc. 

W.  37th  St.  at  Barnes,  etc.,  etc. 

13th  St.  from  Belt  R.  R.  west. 

Sugar  Grove  Ave.  at  20th  St.,  etc.,  etc. 

31st  St.  at  School  St.,  etc.  for  blocks. 

33rd  St.  at  Martindale  St.,  etc.  for  blocks. 

N.  Webster  at  Lowell,  etc..  etc. 

Draper  at  Holliday,  etc.  for  blocks. 

Deloss  St.  at  State  St.,  etc.,  etc.  for  blocks. 

Fernway  in  2400  block,  etc.,  etc. 

Gale  St.  at  English  Ave,  etc.,  etc. 

Cruft  St.  in  1200  block,  etc.,  etc. 

Koehne  St.  in  2200  block,  etc.,  etc. 


journal  of  common  council  [Regular  Meeting 


Haugh  St.  in  1000  block,  etc.,  etc. 

S.  Holmes  in  300  block,  etc.,  etc. 

S.  Holmes  in  700  block,  etc.,  etc. 

Holaday  St.  in  1600  block,  etc.,  etc. 

Hoefgen  St.  in  1500  block,  etc.,  etc. 

N.  Hawthorne  in  500  block,  etc. 

Ketcham  in  1100  block,  etc.,  etc. 

Koehne  at  2700  block,  etc.,  etc. 

Keystone  and  Belt  R.  R.,  etc.,  etc. 

Limestone  St.  in  300  block,  etc. 

Linden  St.  at  Craft  St.,  etc.,  etc. 

Lawrence  St.  in  1500  block,  etc.,  etc. 

N.  LaSalle  St.  in  1900  block,  etc.,  etc. 

Linden  St.  at  Kelly,  etc.,  etc. 

Blue  Ridge  Road  in  200  block,  etc.,  etc. 

Richland  Drive,  100  block,  etc.,  etc. 

Manlove  Ave.,  2900  block,  etc.,  etc. 

E.  Maryland  St.  in  1900  block,  etc.,  etc. 

Morgan  St.  at  Lee  St.,  etc.,  etc. 

E.  Michigan  St.  in  2200  block,  etc.,  etc. 

Miller  St.  at  Blaine  Ave.,  etc.,  etc. 

Madeira  St.  in  1200  block,  etc.,  etc. 

Minnesota  at  Meridian  and  west. 

New  Jersey  St.  at  Parkway,  etc. 

Newton  St.  at  Gray,  etc.,  etc. 

W.  New  York  St.  at  2000  block,  etc.,  etc. 

Olney  St.  at  3200  block,  etc.,  etc. 

W.  18th  St.  at  2900  block,  etc.,  etc. 

Rural  and  Oxford,  etc.,  etc. 

E.  Pratt  St.,  800  block,  etc. 

Pleasant  Run  Parkwav,  5100  block,  etc.,  etc. 

E.  Pratt  St.  in  1000  block,  etc.,  etc. 

Palmer  St.  at  State  St.,  etc.,  etc. 

Parry  Ave.,  in  1200  block,  etc.,  etc. 

Ritter  Ave.  in  1000  block,  etc.,  etc. 

Rochester  St.,  500  block  and  north  and  south  for  blocks. 

Ray  St.  at  Reisener  St..  etc.,  etc. 

E.  Riverside  Drive,  2000  block,  etc.,  etc. 

Martindale  Ave.,   1300  block,  etc.,  etc. 

Royal  Ave.,  4400  block,  etc.,  etc. 

Spruce  St.,  1700  block,  etc.,  etc. 

Sunset  Ave.,  4200  block,  etc.,  etc. 

Scofield  Ave.,  3700  block,  etc.,  etc. 

Stanton  Ave.  at  Sherman  Drive,  etc.,  etc. 

St.  Paul  St.  at  Terrace,  etc.,  etc. 

Sugar  Grove  at  1800  block,  etc. 

Senate  Ave.  and  Morris  St.,  etc. 

S.  Shepherd  St.,  1500  block,  etc.,  etc. 

Terrace  Ave.,  1700  block,  etc.,  etc. 

W.  21st  St.,  1400  block,  etc.,  etc. 

28th  St.  at  Hillside,  etc.,  etc. 

32nd  St.  at  Olney  St.,  etc.,  etc. 

30th  St.  and  Station  St.,  etc.,  etc. 

28th  St.  at  School  St.,  etc.,  etc. 

E.  22nd  St.  in  3800  block,  etc.,  etc. 

Tibbs  Ave.  at  Michigan,  etc.,  etc. 

13th  St.  at  Oxford,  etc.,  etc. 


April  5,  1926]  city  of  Indianapolis,  ind.  89 


13th  St.  at  Parker,  etc.,  etc. 

W.  26th  St.,  700  block,  etc.,  etc. 

N.  Tacoma  at  1100  block,  etc.,  etc, 

12th  at  Keystone,  etc.,  etc. 

E.  32nd  at  3400  block,  etc.,  etc. 

13th  at  Kealing,  etc.,  etc. 

13th  at  Belt  R.  R.,  etc.,  etc. 

W.  12th  St.  in  1100  block,  etc.,  etc. 

20th  St.  at  Yandes,  etc.,  etc. 

E.  12th  St.  in  2600  block,  etc.,  etc. 

Eugene  St.  in  600  block,  etc.,  etc. 

Dexter  St.  in  2100  block,  etc.,  etc. 

Warman  Ave.,  1400  block,  etc.,  etc. 

E.  Walnut  at  Denny,  etc.,  etc. 

E.  Walnut  at  Chester. 

E.  Walnut  at  Wallace,  etc.,  etc. 

S.  Belmont  from  Oliver  Ave.  to  Morris  St. 

W.  Michigan  from  Tibbs  to  Olin  Ave. 

N.  Warman  from  10th  to  16th  St. 

N.  Draper  at  1600  block  and  for  blocks. 

Dexter  Ave.  at  1900  block,  etc.,  etc. 

Draper  St.  at  1700  block,  etc.,  etc. 

English  Ave.  at  3800  block,  etc.,  etc. 

Ethel  Ave.  at  2800  block,  etc.,  etc. 

49th  St.  at  1100  block,  etc.,  etc. 

59th  St.  from  Monon  R.  R.  west,  etc.,  etc. 

W.  42nd  St.  from  400  block  for  blocks. 

Fowler  St.  from  800  block,  etc.,  etc. 

Our  appropriation  of  approximately  $2  per  annum  per  city  block 
of  roadway,  does  not  permit  us  to  undertake  the  repairs  of  these 
completely  broken  down  roadways,  and  we  are  unable  to  stem  the 
tide  of  steadily  increasing  complaints  from  other  sections  where 
roadways  are  giving  way  under  travel. 

Alley  conditions  are  such  that  in  many  sections  citizens  have 
to  leave  their  cars  on  the  streets  at  night  and  in  all  sorts  of  weather. 
Since  our  meager  appropriation  permits  no  extensive  repairs,  most 
of  the  complaints  have  to  be  abandoned. 

REPORTS  FROM  STANDING  COMMITTEES 

Indianapolis,  Ind.,  April  6,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was  re- 
ferred General  Ordinance  No.  19,  1926,  request  more  time  to  con- 
sider the  same. 

O.  RAY  ALBERTSON 
OTIS  E.  BARTHOLOMEW 
AUSTIN  H.  TODD 
WALTER  R.  DORSETT 
CLAUDE  E.  NEGLEY. 

Indianapolis,  Ind.,  April  5,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Special  Commitee  on  Finance  to  whom 


90  journal  of  common  council  [Regular  Meeting 

was  referred  General  Ordinance  No.  18,  1926,  "$210,000  Bond 
Issue  to  pay  old  debts,"  beg  leave  to  report  that  we  have  had  said 
ordinance  under  consideration,  and  recommend  that  the  same  be 
passed. 

OTIS   E.   BARTHOLOMEW 
EDWARD  B.  RAUB 
M.  W.  FERGUSON 
WALTER  R.  DORSETT 
AUSTIN  H.  TODD 

Indianapolis,  Ind.,  April  3,  1926. 
To  the  Honorable  ['resident  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis.,  Indiana: 

Gentlemen — We  your  Committee  on  Law  and  Judiciary  to  whom 
was  referred  Resolution  No.  2,  1926,  beg  leave  to  report  that  we  have 
had  said  ordinance  under  consideration,  and  recommend  that  the 
same    be   adopted. 

EDWARD  B.  RAUB 
CLAUDE  E.  NEGLEY, 

Minority  Report. 

INTRODUCTION  OF  GENERAL  ORDINANCES 

By  the  City  Plan  Commission: 

GENERAL  ORDINANCE  NO.  20,  1926. 

AN  ORDINANCE  to  amend  General  Ordinance  No.  114,  1922. 
Be    it    Ordained   by   the    Common   Council   of   the   City   of  Indianapolis,. 
Indiana: 

Section  1.  That  Section  18  of  General  Ordinance  No.  114,  1922, 
be  amended  to  read  as  follows: 

"Section  18.    FRONT  YARDS  IN  RESIDENCE  DISTRICTS: 

A.  Between  a  front  yard  line  as  herein  established  and  the 
street  line  no  building  or  portion  of  a  building  other  than  a  one- 
story  unenclosed  porch  or  a  fence  or  wall  not  exceeding  ZVz  feet  in 
height  may  be  erected. 

B.  In  dwelling  house  districts  and  apartment  house  districts 
front  yard  lines  are  hereby  established  as  follows: 

1.  On  a  street  frontage  on  either  side  of  a  street  where  fifty 
per  cent  (50%)  of  such  frontage  between  two  intersecting  streets, 
exclusive  of  that  part  thereof  which  is  improved  with  buildings  at  the 
street  line  and  exclusive  also  of  the  side  line  of  a  corner  lot,  is  im- 
proved with  residence  buildings  which  are  set  back  from  the  street 
line,  the  front  yard  line  shall  be  the  distance  back  from  the  street 
line  equal  to  the  average  distance  of  existing  residence  buildings 
back  from  the  street  line. 

2.  On  a  street  frontage  on  either  side  of  a  street  between  two 
intersecting  streets  where  the  front  yard  line  is  not  established  by 
the  provisions  of  Subdivision  Bl  of  this  Section,  the  distance  of  the 
front  yard  line  back  from  the  street  line  shall  be  twenty  per  cent 
(20%)  of  the  average  depth  of  the  lots  constituting  such  street 
frontage,  but  such  distance  back  from  the  street  line  need  not  be 
more  than  40  feet. 


April  5,  1926]  city  of  Indianapolis,  ink.  91 


3.  The  words  'Existing  building'  as  used  in  this  Section  shall 
be  taken  to  mean  any  building  for  residence  or  business  for  which  a 
building  license  has  been  lawfully  issued  and  on  which  work  has  been 
begun  and  completed  up  to  the  first  floor  line. 

4.  The  unit  for  determing  the  percentage  of  frontage  between 
two  intersecting  streets  for  the  purpose  of  determining  the  front 
yard  line  regulations  herein  established  shall  be  the  lot  in  a  sub- 
division or  addition  comprising  such  frontage  or  a  part  thereof,  the 
plat  for  which  has  been  regularly  filed  for  record  in  the  office  of  the 
Recorder  of  Marion  County,  Indiana;  or  if  no  such  plat  has  been  so 
filed  for  record  then  such  unit  for  frontage  shall,  for  the  purpose 
hereof,  be  considered  to  be  a  parcel  of  ground  fifty  (50)  feet  in 
width  in  the  'Al'  district,  and  (40)  feet  in  width  in  all  other  dis- 
tricts, whether  all  of  said  frontage  is  owned  by  one  or  more  persons. 
Only  such  lots  or  parcels  as  are  actually  occupied  by  residents  build- 
ings shall  be  considered  as  improved  frontage  in  determining  the 
front  yard  line  for  any  block  or  part  thereof." 

Section  2.  That  all  ordinances  in  conflict  herewith  are  hereby 
repealed. 

Section  3.  That  this  ordinance  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval  by  the  Mayor. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  City  Welfare. 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  21,  1926 

AN  ORDINANCE,  transferring  the  sum  of  Five  Hundred   ($500.00) 
Dollars  in  the  department  of  the  City  Controller  from  the  fund 
known  as  Item  No.  61,  therein  of  the  Controller's  fund,  "Interest 
on   Bonded   Debt,"   and  reappropriating  the  same   to   the   fund 
known   as  Item  No.   241    in  the   department  of   the    City   Con- 
troller,  Controller's   fund,   "Advertising  and   Publication,"   and 
declaring  a  time  when  the  same  shall  take  effect. 
Be   it    Ordained    by    the    Common   Council   of   the    City   of  Indianapolis, 
Indiana: 
Section  1.    That  the  sum  of  Five  Hundred   ($500.00)   Dollars  in 
the  fund  known  as  Item  No.  61,  of  the  Controller's  fund,  "Interest 
on  Bonded  Debt,"  in  the  department  of  the  City  Controller  be  and 
the    same    is   hereby    transferred    and    reappropriated    to    the    fund 
known  as  Item  No.  241,  in  the  department  of  the  City  Controller, 
Controller's  fund,  "Advertising  and  Publication." 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  22,   1926 
AN  ORDINANCE,  transferring  the  sum  of  Two  Hundred   ($200.00) 


92  journal  of  common  council         [Regular  Meeting- 


Dollars  in  the  department  of  the  City  Controller  from  the  fund 
known  as  Item  No.  61,  "Interest  on  Bonded  Debt,"  Controller's 
fund,  and  reappropriating  the  same  to  the  funds  as  follows: 
One  Hundred  ($100.00)  Dollars  of  the  same  to  the  fund  known 
as  Item  No.  212,  "Postage,  Telegraph  and  Telephone,"  and  One 
Hundred  ($100.00)  Dollars  of  the  same  to  the  fund  known  as 
Item  No.  36,  "Office  Supplies,"  said  funds  being  known  as  Item 
No.  212  and  Item  No.  36  in  and  of  the  department  of  the  City- 
Clerk  of  the  City  of  Indianapolis,  and  declaring-  a  time  when  the 
same  shall  take  effect. 
Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indianapolis. 

Section  1.  That  the  sum  of  Two  Hundred  ($200.00)  Dollars 
in  the  department  of  the  City  Controller  from  the  fund  known  as 
Item  No.  61,  "Interest  on  Bonded  Debt,"  Controller's  fund  in  the 
department  of  the  City  Controller,  be  and  the  same  is  hereby  trans- 
ferred and  reappropriated  to  the  funds  as  follows:  One  Hundred 
($100.00)  Dollars  of  the  same  to  the  fund  known  as  Item  No.  212, 
"Postage,  Telegraph  and  Telephone,"  and  One  Hundred  ($100.00) 
Dollars  of  the  same  to  the  fund  known  as  Item  No.  36,  "Office  Sup- 
plies," said  funds  being  known  as  Items  No.  212  and  No.  36,  in  and 
of  the  department  of  the  City  Clerk  of  the  City  of  Indianapolis. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  23,  1926 

AN  ORDINANCE,  transferring  the  sum  of  Five  Thousand 
($5,000.00)  Dollars  in  the  Department  of  the  City  Civil  Engi- 
neer from  the  fund  known  as  Item  No.  21,  Team  Hire,  and  re- 
appropriating  the  same  to  the  fund  known  as  Item  No.  72, 
Equipment,  in  the  Department  of  the  City  Civil  Engineer,  and 
declaring-  a  time  when  the  same  shall  take  effect. 

Be    it    Ordained    by    the    Common    Council    of    the    City    of   Indianapolis, 
Indiana: 
Section  1.      That  the  sum  of  Five  Thousand  ($5,000.00)  Dollars 

in  the  fund  known  as  Item  No.  21,  Team  Hire,  in  the  Department 

of  the  City  Civil  Engineer  be  and  the  same  is  hereby  transferred  and 

reappropriated  to  the  fund  known  as  Item  No.  72,  Equipment,  in  the 

Department  of  the  City  Civil  Engineer. 

Section  2.      This  Ordinance  shall  be  in  full  force  and  effect  form 

and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mitte  on  Finance. 

By  Mr.  Dorsett: 

RESOLUTION  NO.  3,  1926 
WHEREAS   the    General   Assembly   of   the    State   of   Indiana   in   its 


April  5,  1926]  city  of  Indianapolis,  ind.  93 


regular    74th    Session,    A.    D.    1925,    enacted    a    General    Law, 

amending  Sections  1  and  6  of  an  act  entitled: 

"An  Act  imposing1  a  license  fee  on  the  use  of  gasoline  in  the 
State  of  Indiana,  providing  for  the  payment,  collection  and  distribu- 
tion thereof,  prescribing  certain  exemptions  therefrom  and  pre- 
scribing penalties  for  the  violation  thereof,"  approved  March  9, 
1923,  and  declaring  an  emergency  and, 

WHEREAS,  Section  2  of  said  amendment,  under  caption  and 
title:  "Gasoline  Fund — Highway  Fund — Distribution  to  Counties, 
Cities  and  Towns,"  allots  certain  funds  for  Street  and  Bridge  main- 
tenance and  repairs  to  the  corporate  City  of  Indianapolis,  and 

WHEREAS  said  act,  as  amended,  vests  certain  directing  powers 
in  the  Common  Council  of  the  corporate  City  of  Indianapolis,  to 
direct  and  designate  the  department  or  departments  to  which  be 
intrusted  the  duty  to  make  such  bridge  repairs  and  such  street  repairs 
said  section  of  said  act  providing  as  follows: 

"The  remaining  one-fourth  so  credited  to  the  county,  cities  and 
gasoline  fund  shall  be  distributed  to  the  cities  and  incorporated  towns 
of  the  State  according  to  the  proportion  that  each  such  city  or  incor- 
porated town  bears  in  point  of  population,  according  to  the  last  pre- 
ceeding  United  States  census,  to  the  combined  population  of  all  such 
cities  and  incorporated  towns  of  the  State.  All  moneys  so  distributed 
to  the  several  cities  and  incorporated  towns  of  the  State  shall  con- 
stitute a  special  street  fund  of  each  such  city  or  incorporated  town 
and  shall  be  used  as  directed  by  the  Common  Council  of  such  city 
or  board  of  trustees  of  such  town  in  the  maintainance  and  repair  of 
any  street  or  streets  or  bridges  within  the  corporate  limits  of  such 
cities  or  towns,  preference  being  given  to  those  streets  connecting 
with  State  highways:  PROVIDED,  That  if  the  State  Highway  Com- 
mission shall  establish  a  State  highway  in  such  county,  or  any  city 
or  incorporated  town  therein  be  beneficially  affected,  then  in  that 
event,  the  board  of  county  commissioners  of  such  county  or  Common 
Council  of  such  city  or  board  of  trustees  of  such  incorporated  town 
may  make  such  contributions  to  the  State  Highway  Commission  to 
aid  in  the  construction  of  such  State  highway  as  they  may  deem 
proper.  Such  contributions  shall  be  made  in  the  manner  provided  for 
in  Chapter  122  of  the  acts  of  the  General  Assembly  of  1923,"  and 

WHEREAS  the  street  repairs  department  and  the  bridge  repairs 
department  in  the  incorporated  city  of  Indianapolis  are  both  under 
the  supervision  of  the  Street  Commissioners  Department,  and 

WHEREAS  said  Street  Commissioner's  Department  has  suffered 
such  enormous  cuts  in  the  finances  of  said  department  as  to  render  it 
nearly  impotent  and  unable  to  render  any  service  in  the  upkeep  and 
repairs  of  streets  and  bridges,  worth  mentioning,  therefore  be  it 

RESOLVED,  That  the  City  Controller  of  the  City  of  Indianapolis 
be,  and  is  hereby  directed  and  authorized  to  place  the  funds  allotted 
to  the  City  of  Indianapolis  from  such  gasoline  tax  to  the  credit  of  the 
Street  Commissioners  Department  such  fund  to  be  known  as  "Street 
and  Bridge  Repair  Fund"  and  to  be  drawn  against  for  Road  and 
Bridge  maintainance  and  repairs  in  amount  or  amounts  as  needed,  to 
carry  on  the  work  of  bridge  and  street  repairs  in  an  economical  and 
workman-like  manner.  Such  expenditures  to  include  the  hiring  of 
supervisional  and  clerical  help,  if  required  and  any  other  expenditures 
for  work  and  labor  needed,  team  hire,  as  well  as  materials  and  sup- 


°-l  JOURNAL  OF  common  council  [Regular  Meeting 

plies   necessary  to   accomplish   the   purpose    of   this  resolution,   and 
further 

PROVIDED,  However,  that  a  detailed  monthly  statement  be  sub- 
mitted to  the  Common  Council  of  the  City  of  Indianapolis,  showing 
in  detail  the  work  accomplished  at  the  end  of  each  month,  together 
with  a  statement  of  the  various  expenditures,  said  neport  to  be 
signed  by  the  Street  Commissioner  and  attested  under  oath  by  the 
Chief  Clerk  of  the  Street  Commissioners  Department,  and 

WHEREAS,  an  emergency  exists,  that  this  resolution  be  in  full 
force  and  effect  upon  its  passage. 

WALTER  R.  DORSETT. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Board  of  Works. 

ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
18,  1926,  for  second  reading.    It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  18,  1926,  was  ordered  en- 
grossed, read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  18  was  read  a  third  time  and 
passed  by  the  following  vote : 

Ayes,  8,  viz :  Messrs.  Negley,  Albertson,  Raub,  Bar- 
tholomew, Dorsett,  Ferguson,  Todd  and  President  Boyn- 
ton  J.  Moore. 

Mr.  Raub  called  for  Resolution  No.  2,  1926,  for  sec- 
ond reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Raub,  seconded  by  Mr.  Negley, 
Resolution  No.  2  was  ordered  engrossed,  read  a  third  time 
and  placed  upon  its  passage.  When  the  motion  was  put 
to  a  vote  the  Council  was  deadlocked  in  the  following  roll 
call  vote : 

Ayes,  4,  viz. :  Messrs.  Raub,  Ferguson,  Albertson  and 
Negley. 

Noes,  4,  viz.:  Messrs.  Dorsett,  Todd,  Bartholomew 
and  Moore. 

In  explanation  of  his  vote  Mr.  Raub  stated  that  this 
matter  was  one  he  had  long  given  consideration,  in  fact, 
he  had   been  interested  in  the   subject  since  the    1915 


April  5,  1926]  city  of  Indianapolis,  ind.  95 

Legislature  amended  the  depository  law.  That  he  felt  that 
that  law  was  still  effective  and  that  the  Corporation 
Counsel  should  be  instructed  to  take  proper  legal  steps  to 
see  that  the  City  Treasurer  should  conform  to  the  intent 
of  the  depository  law  in  regard  to  all  public  funds  in  his 
custody. 

Dr.  Todd  stated  that  he  was  informed  that  Mr.  Orr  of 
the  State  Board  of  Accounts  was  investigating  the  matter 
and  that  any  action  of  the  present  Council  might  be  em- 
barrassing to  the  State  Board  of  Accounts  and  inasmuch 
as  he  felt  that  this  was  a  matter  for  the  Legislature  he  was 
not  in  favor  of  Mr.  Raub's  resolution. 

Mr.  Albertson  announced  his  approval  of  the  Resolu- 
tion and  stated  he  felt  it  was  a  duty  of  the  Councilmen 
to  support  the  measure  out  of  respect  to  the  interests  of 
the  taxpayers. 

Mr.  Bartholomew  said  that  while  he  was  in  hearty 
accord  with  any  way  to  save  money  for  the  City  he  felt 
the  Council  was  without  any  authority  in  the  matter  and 
it  should  be  left  over  until  Legislature  convened. 

Mr.  Dorsett  in  a  brief  talk  stated  that  in  his  opinion 
the  Resolution  was  prompted  by  political  motives  and  if 
there  was  no  other  vote  than  his  it  would  be  cast  against 
the  Resolution. 

Mr.  Negley  in  a  statement  issued  following  the  Coun- 
cil meeting  stated  that  ''for  several  years  there  has  been 
agitation  regarding  the  disposition  of  Barrett  law  funds 
in  the  cutody  of  the  City  Treasurer  and  there  seems  to 
have  been  considerable  difference  of  opinion  among  the 
legal  fraternity  as  to  the  interpretation  of  the  State  law 
on  the  subject. 

"My  vote  for  Mr.  Raub's  resolution  calling  upon  the 
Corporation  Counsel  to  investigate  the  City's  interest  in 
the  matter  was  prompted  by  a  sincere  desire  to  stand  on 
the  campaign  pledges  which  I  made  to  the  public  during 
my  campaign  for   Councilman.    Regardless   of  the   fact 


96  journal  of  common  council         [Regular  Meeting 

that  the  resolution  was  introduced  by  a  Democratic  mem- 
ber of  the  Council,  I  believe  that  it  is  a  meritorious  mea- 
sure deserving  the  careful  and  favorable  consideration  of 
the  City  Council.  The  fact  that  the  resolution  merely  re- 
fers the  matter  to  the  attention  of  the  Corporation  Coun- 
sel does  not  indicate  that  the  Common  Council  is  playing 
partisan  politics  nor  is  attempting  to  usurp  the  power  of 
the  State  Legislature. 

"Since  I  am  informed  that  the  yearly  amount  involved 
in  interest  exceeds  $50,000  if  the  Corporation  Counsel 
enter  suit  in  the  name  of  the  city  of  Indianapolis  to  recover 
such  an  amount  this  year  then  we  could,  by  our  action  in 
the  Council,  save  this  sum  of  money  for  the  taxpayers  be- 
fore the  next  session  of  the  Legislature,  which  will  not 
meet  until  1927.  And  to  this  I  believe  all  taxpayers  will 
approve  of  my  action  regardless  of  political  faith  or  in- 
fluence. " 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  the  Common  Council  of  the  City  of  Indianapolis 
adjourned  at  9:00  o'clock  p.  m. 


rtJ2>jt*^£^zJ^ 


President. 


Attest : 


City  Clerk. 


April  19,  1926]  city  of  Indianapolis,  ind.  97 


REGULAR  MEETING 

Monday,  April  19,  1926,  7:30  p.  m. 
The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  April  19,  1926,  at  7:30  p.  m.,  in 
regular  session,  President  Boynton  J.  Moore  in  the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and 
seven  members,  viz. :  Otis  E.  Bartholomew,  Claude  E. 
Negley,  Robert  E.  Springsteen,  Millard  W.  Ferguson, 
Edward  B.  Raub,  Austin  H.  Todd  and  O.  Ray  Albertson. 

Absent:   Walter  R.  Dorsett. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Raub,  seconded  by  Dr.  Todd. 

COMMUNICATIONS  FROM   THE   MAYOR 

April  8,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  General 
Ordinance  No.  18,  1926 — "An  Ordinance,  authorizing  the  City  Con- 
troller to  make  a  permanent  loan  or  loans  in  the  sum  of  $210,000.00 
for  the  purpose  of  securing  money  to  be  used  for  the  purposes  of  the 
payment  of  corporate  debts  of  said  city  accrued  or  incurred  before 
the  first  day  of  January,  1926,  by  the  the  last  preceding  admini- 
stration and  thus  in  and  for  the  legitimate  exercise  of  the  corporate 
power  of  said  city." 

Respectfully  yours, 

JOHN  L.  DUVALL, 

Mayor. 

REPORTS  FROM   CITY  OFFICERS 

April  19,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith  a  General  Ordinance 
transferring  the  sum  of  Seventy-five  ($75.00)  Dollars  from  the  fund 
known  as  Item  No.  53,  "Refunds,  Awards  and  Indemnities,"  and 
reappropriating  the  same  to  Item  No.  21,  "Communication  and 
Transportation,"  all  in  the  Department  of  Law. 

I  respectfully  recommend  the  passage  of  this  Ordinance. 
Respectfully, 

W.  C.  BUSER, 

City  Controller. 


98  journal  of  common  council  [Regular  Meeting 


April  19,  1926. 
Mr.   William  C.  Buser,  City  Controller,  City  of  Indianapolis,  Indiana. 

Dear  Sir — I  am  handing  you  herewith  copies  of  an  Ordinance 
asking  that  the  sum  of  Seventy-five  ($75.00)  Dollars  be  transferred 
from  Item  No.  53,  "Refunds,  Awards  and  Indemnities,"  and  reappro- 
priating  the  same  to  Item  No.  21,  "Communication  and  Transporta- 
tion," in  the  Department  of  Law. 

I  respectfully  request  that  you  recommend  the  passage  of  this 
Ordinance  to  the  Common  Council. 

Respectfully  submitted, 

ALVAN  J.  RUCKER, 

Corporation  Counsel. 

REPORTS  FROM  STANDING  COMMITTEES 

Indianapolis,  Ind.,  April  19,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance,  to  whom  was 
referred  General  Ordinance  No.  19,  1926,  beg  to  report  that  we  have 
had  said  ordinance  under  consideration,  and  recommend  that  the 
same  be  passed  after  being  amended  to  read  Fund  38  instead  of  33 
and  Fund  No.  71  instead  of  Fund  No.  72. 

OTIS  E.   BARTHOLOMEW 

AUSTIN  H.  TODD 

CLAUDE  E.  NEGLEY 

O.  RAY  ALBERTSON,  Chairman 

Indianapolis,  Ind.,  April  19,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance,  to  whom  was 
referred  General  Ordinance  No.  21,  1926,  to  transfer  $500.00  to 
Finance  Department,  beg  leave  to  report  that  we  have  had  said 
ordinance  under  consideration,  and  recommend  that  the  same  be 
passed. 

OTIS  E.   BARTHOLOMEW 

AUSTIN  H.  TODD 

CLAUDE  E.  NEGLEY 

O.  RAY  ALBERTSON,  Chairman 

Indianapolis,  Ind.,  April  19,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance,  to  whom  was 
referred  General  Ordinance  No.  22,  1926,  to  transfer  $200.00  to 
City  Clerk's  Department,  beg  leave  to  report  that  we  have  had  said 
ordinance  under  consideration,  and  recommend  that  the  same  be 
passsed. 

OTIS  E.   BARTHOLOMEW 

AUSTIN  H.  TODD 

CLAUDE  E.  NEGLEY 

O.  RAY  ALBERTSON,  Chairman 


April  19,  1926]  city  of  Indianapolis,  ind.  99 


Indianapolis,  Ind.,  April  19,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  'of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance,  to  whom  was 
referred  General  Ordinance  No.  23,  1926,  to  transfer  $5,000  to  the 
City  Engineer's  Department,  beg  leave  to  report  that  we  have  had 
said  ordinance  under  consideration,  and  recommend  that  the  same 
be  passed. 

OTIS   E.   BARTHOLOMEW 

AUSTIN  H.  TODD 

0.  RAY  ALBERTSON,  Chairman 

Indianapolis,  Ind.,  April  19,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  City  Welfare,  to  whom  was 
referred  Ordinance  No.  20,  1926,  entitled  An  Ordinance  to  amend 
General  Ordinance  No.  114,  1920,  beg  leave  to  report  that  we  have 
had  said  ordinance  under  consideration,  and  recommend  that  the 
same  be  passed. 

AUSTIN  H.  TODD 

OTIS  E.  BARTHOLOMEW,   Chairman 

EDWARD  B.  RAUB 

CLAUDE  E.  NEGLEY. 

Indianapolis,  Ind.,  April  3,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Public  Health  and  Charities 
to  whom  was  referred  General  Ordinance  No.  13,  1926,  being  an 
ordinance  to  regulate,  beg  leave  to  report  that  we  have  had  said 
ordinance  under  consideration,  and  recommend  that  same  be  not 
passed. 

AUSTIN  H.  TODD 
OTIS    E.    BARTHOLOMEW 
EDWARD  B.  RAUB 
ROBT.  E.  SPRINGSTEEN. 

f       :-'       ■ 

Indianapolis,  Ind.,  April  19,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Public  Works,  to  whom  was 
referred  Resolution  No.  3,  1926,  placing  any  funds  derived  from  the 
State  gasoline  tax  to  the  credit  of  the  Street  Commissioner's  Depart- 
ment, beg  leave  to  report  that  we  have  had  said  ordinance  under 
consideration,  and  recommend  that  the  same  be  not  passed. 

O.  RAY  ALBERTSON 
O.  E.  BARTHOLOMEW 
AUSTIN  H.  TODD. 


ICO  journal  of  common  council         [Regular  Meeting 

INTRODUCTION  OF  GENERAL  AND  SPECIAL  ORDINANCES 
By  the  City  Controller : 

GENERAL  ORDINANCES  NO.  24,  1926 

AN  ORDINANCE,  transferring  the  sum  of  Seventy-five  ($75.00) 
Dollars  in  the  Department  of  Law  from  the  fund  known  as  Item 
No.  53,  therein,  "Refunds,  Awards  and  Indemnities,"  and  reap- 
propriating  the  same  to  the  fund  known  as  Item  No.  21,  "Com- 
munication and  Transportation,"  in  the  Department  of  Law,  and 
declaring  a  time  when  the  same  shall  take  effect: 

Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  Seventy-five  ($75.00)  Dollars  in 
the  fund  known  as  Item  No.  53,  "Refunds,  Awards  and  Indemnities,"' 
in  the  Department  of  Law  be  and  the  same  is  hereby  transferred  and 
reappropriated  to  the  fund  known  as  Item  No.  21,  "Communication 
and  Transportation,"  in  the  Department  of  Law. 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the 
Finance  Committee. 

By  Otis  E.  Bartholomew: 

GENERAL  ORDINANCE  NO.  25,  1926 

AN  ORDINANCE  to  regulate  the  retail  sale  and  distribution  of  coal 
and  coke,  in  the  City  of  Indianapolis;  To  provide  for  the  licens- 
ing of  dealers  in  such  fuel  products;  To  provide  for  delivery 
tickets  giving  the  weight  and  description  thereon;  To  provide 
for  truthfully  describing  such  products  in  advertising  and  sell- 
ing; Prescribing  a  penalty  for  violation  thereof;  declaring  an 
emergency,  and  designating  a  time  when  the  same  shall  take 
effect. 
Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  no  person,  firm,  corporation,  association  or 
organization  of  any  kind,  shall  engage  in  the  distribution  or  retail 
sale,  or  in  offering  for  sale  or  distribution,  or  in  selling  and  distribut- 
ing or  attempting  to  distribute,  to  the  ultimate  consumer,  within  the 
City  of  Indianapolis,  any  bituminous  coal,  anthracite  coal,  or  coke 
(each  and  all  of  which  are  hereinafter  known  and  termed  as  fuel, 
and  such  person,  firm,  corporation,  association  or  organization  shall 
be  known  as  a  fuel  merchant),  without  having  first  duly  secured  a 
license  for  that  purpose,  as  hereinafter  provided  by  this  ordinance. 
Provided,  that  this  ordinance  shall  not  apply  to  the  sale  of  fuel 
to  recognized  and  regularly  licensed  coal  dealers  in  car  load  lots,  nor 
to  the  sale  of  fuel  in  car  load  lots  to  industries,  institutions,  firms, 
individuals,  or  other  purchasers  that  receive  delivery  of  such  fuel 
for  their  own  use  and  consumption,  without  it  being  necesary  to 
reweigh  for  proper  delivery  to  them,  and 

PROVIDED  FURTHER  that  this  ordinance  shall  not  apply  to  so 


April  19,  1926]  city  of  Indianapolis,  ind.  101 

called  basket  peddlers  selling  in  lots  of  less  than  one  hundred  pounds. 

Section  2.  APPLICATION  FOR  A  LICENSE.  Any  person, 
firm,  corporation  or  association  desiring  to  conduct  or  engage  in  the 
business  of  a  fuel  merchant,  or  to  engage  in  the  sale  or  distribution 
of  coal  at  retail,  shall  make  application  in  writing  to  the  City  Con- 
troller for  a  license  so  to  do,  on  blanks  which  shall  be  supplied  for 
that  purpose,  specifying  and  giving  the  following  information: 

The  name  under  which  such  business  is  to  be  operated. 

The  address  of  the  principal  office  from  which  such  business 
will   be    conducted. 

Nature  of  the  organization,  as  to  whether  or  not  the  applicant  is 
a  person,  firm,  corporation  or  association. 

The  name  of  the  owner  or  officers  of  such  organization. 

The  location  or  address  of  all  storage  or  delivery  yards. 

Location  of  scales  used  and  their  capacity;  Number  of  railroad 
switches,  and  the  name  of  railroads  serving  same. 

That  applicant  is  familiar  with  the  terms  of  this  ordinance 
regulating  the  sale  and  distribution  of  fuel. 

That  applicant  possesses,  leases  or  has  continuous  access  to 
sufficient  and  necessary  scales  and  weighing  facilities  that  have  been 
sealed  by  Inspector  of  Weights  and  Measures. 

Section  3.  LICENSE  FEE._  The  license  fee  for  a  fuel  mer- 
chant's license,  as  contemplated  in  this  ordinance,  shall  be  $50.00, 
plus  $15.00  for  each  and  every  additional  branch  delivery  yard  and 
office  operated  and  maintained  for  the  sale  and  distribution  of  coal. 
All  moneys  received  from  the  sale  of  such  licenses  shall  be  placed 
to  the  credit  and  use  of  the  current  expense  fund  of  this  city. 

Section  4.  SERIAL  NUMBER,  FORM,  TRANSFER,  AND 
TERM  OF  LICENSE.  Each  fuel  merchant's  license  shall  have  a 
serial  number  affixed  and  given  by  the  City  Controller,  which  serial 
number  may  be  retained  by  the  licensee  from  year  to  year,  provided 
the  license  of  said  fuel  merchant  is  properly  renewed  and  granted. 
Said  license  shall  authorize  such  person,  firm,  corporation  or  associa- 
tion to  engage  in  the  retail  business  of  fuel  merchant  as  hereinbefore 
set  out  and  defined,  for  a  period  of  one  year  from  the  date  of  its 
issuance.  No  license  shall  be  granted  for  a  period  of  less  than  one 
year,  and  the  full  year's  license  fee  shall  be  paid  in  each  case.  Under 
no  circumstances  shall  any  license  be  transferable  or  assignable. 

Section  5.  DISPLAYING  LICENSE.  Each  licensee  operating 
under  this  ordinance,  shall  place  and  maintain  conspicuously  upon 
each  delivery  vehicle  used,  the  serial  number  of  said  license,  and  the 
name  of  the  said  individual,  firm,  corporation,  or  association,  in 
letters  and  figures  no  less  than  three  inches  in  height. 

Section  6.  DELIVERY  TICKETS  AND  DUTIES.  It  shall  be 
unlawful  for  any  person,  firm,  corporation  or  association  to  sell  or 
deliver,  or  attempt  to  sell  or  deliver  within  this  city,  any  coal  or 
coke,  without  providing  the  driver  of  the  wagon  or  other  conveyance 
containing  any  such  fuel,  with  duplicate  delivery  tickets  for  each 
lot  of  fuel  contained  therein,  and  without  each  of  said  duplicate 
tickets  bearing  thereon  clearly,  plainly  and  legibly,  each  of  the  fol- 
lowing items  pertaining  to  the  lot  of  fuel  in  said  wagon  or  convey- 
ance to  which  said  tickets  shall  relate:  (a)  The  date  of  such  de- 
livery; (b)  The  name  and  address  of  the  person,  firm,  corporation  or 
association   selling  and   delivering  or   attempting  to   sell   or   deliver 


102  journal  ok  common  council  [Regular  Meeting 


such  fuel;  (c)  The  name  or  identifying  initials  of  the  party  who 
weighed  it;  (d)  The  total  weight  of  said  wagon  or  conveyance  and 
its  contained  fuel;  (e)  The  net  weight  of  said  fuel;  (f)  The  name 
and  address  of  the  person,  firm,  corporation  or  association  to  whom 
such  fuel  is  to  be  delivered;  (g)  Either  the  true,  usual  and  customary 
name  of  such  fuel,  or  the  name  of  the  State  from  which  it  comes,  to- 
gether with  the  name  or  number  of  the  district,  mine  or  seam  from 
which  it  was  mined;  (h)  A  description  which  will  clearly  indicate 
the  size  of  its  preparation  and  the  character  of  its  preparation  (i.  e. 
whether  six  inch  lump,  four  inch  lump,  egg,  nut,  pea,  mine  run, 
shovelled  lump,  slack  or  screenings,  etc.).  Before  unloading  any  of 
a  lot  of  fuel  therefrom,  it  shall  be  the  duty  of  the  driver  of  said 
wagon  or  conveyance  to  deliver  one  of  said  duplicate  delivery  tic- 
kets, pertaining  to  the  lot  of  fuel  to  be  delivered,  to  the  purchaser 
thereof,  or  to  the  party  to  whom  delivery  thereof  is  to  be  made ;  and 
upon  any  demand  or  request  of  such  purchaser  or  party,  or  of  any 
police  officer,  or  of  the  Inspector  of  Weights  and  Measures  of  this 
city  or  his  deputy,  it  is  hereby  made  the  lawful  duty  of  said  driver 
and  of  said  seller  to  promptly  convey  said  loaded  wagon  or  convey- 
ance to  a  public  scale  that  may  then  be  agreed  upon  by  the  parties 
present  in  interest,  or,  in  the  absence  of  such  agreement,  to  a  public 
scale  selected  by  any  such  officer  or  vendee  or  his  representative,  or 
to  any  private  scale  whose  owner  consents  to  the  provision  hereof, 
where  said  driver  shall  deliver,  to  any  such  officer,  or  to  the  person 
in  charge  of  said  scale,  one  of  said  duplicate  delivery  tickets,  and 
where  the  total  weight  of  said  wagon  or  conveyance  and  its  con- 
tained fuel  shall  be  ascertained,  and  to  thereupon  deliver  said  fuel  to 
the  place  where  its  delivery  is  to  be  made,  and  to  thereupon  forth 
with  return  to  said  same  scale  and  permit  the  weight  of  said  wagon 
or  conveyance  to  be  ascertained  and  the  verification  of  said  weights 
shown  by  said  delivery  ticket  completed. 

If,  upon  such  verification,  the  net  weight  of  such  fuel,  as  shown 
by  said  ticket  pertaining  thereto,  be  found  true  and  correct,  such 
vendee  shall  pay  the  cost  of  and  incident  to  such  verification;  other- 
wise such  cost  shall  be  born  by  the  vendor  of  said  fuel;  provided 
however,  that  in  the  event  such  verification  discloses  the  net  weight 
of  said  fuel  to  be  incorrect  the  vendor  of  such  fuel  may,  within  24 
hours  after  such  verification,  duly  request  an  inspection  of  his  scale 
and  the  scale  used  in  such  verification,  and  if  such  inspection  dis- 
closes that  the  scale  of  said  vendor  was  correct  and  said  verification 
scale  incorrect,  the  owner  of  said  verification  scale  shall  pay  the  cost 
of  said  verification  and  inspection  of  both  scales;  and  provided 
further,  that  if  both  said  scales  be  found  by  said  inspection  to  be 
inaccurate  in  any  substantial  respect,  in  the  judgment  of  said  inspec- 
tor, said  vendor  shall  pay  the  cost  of  said  verification,  and  the  owner 
of  each  of  said  scales  shall  pay  the  cost  of  said  inspection  and  reseat- 
ing of  his  own  scales;  and  this  section  shall  be  cumulative  with  all 
other  ordinances  of  this  city  and  of  the  laws  of  the  State  in  such 
respects. 

Section  7.  SUBSTITUTION  AND  MIXING  PROHIBITED 
AND  EXCEPTIONS.  The  substitution  and,  or  mixing  of  fuel,  is 
hereby  declared  illegal  when  the  fuel  has  been  sold  as  such,  is  cor- 
rectly understood  by  the  purchaser,  and  clearly  indicated  on  the 
delivery  ticket  as  provided  in  Section  6  of  this  ordinance. 

Section  8.  DESCRIBING  AND  ADVERTISING  FUEL.  It  is 
hereby  declared  unlawful  for  any  person,  firm,  corporation  or  asso- 


April  19,  1926]  city  of  Indianapolis,  ind.  103 


ciation  to  sell,  or  offer  for  sale,  to  deliver,  or  attempt  to  deliver,  or  to 
advertise  in  any  newspaper,  circular  letter,  handbill,  or  to  advertise 
in  any  way,  any  coal,  coke  or  fuel  by  any  name  which  is  not  the 
true,  usual  and  customary  name  of  such  fuel;  or  the  name  of  the 
State,  and  district,  mine  or  seam  from  which  it  comes,  together  with 
a  description  which  will  clearly  indicate  the  size  of  its  preparation 
and  the  character  of  its  preparation  (such  as  mine  run,  shovelled 
lump,  slack,  etc.) 

Section  9.  RECORD  OF  TARE  WEIGHTS.  Every  licensee 
operating'  under  this  ordinance  shall  compute  delivery  ticket  weight 
by  using  the  last  tare  weight  of  delivery  equipment  taken  at  least 
once  a  day  for  every  day  of  dry  weather  and  twice  a  day  in  rainy  or 
wet  weather;  daily  record  of  tare  weights  of  equipment  to  be  kept 
for  reference  by  dealer,  covering  a  period  of  the  past  ten  days  at  all 
times;  all  dealer's  daily  tare  weight  records  of  hauling  equipment  to 
be  subject  to  inspection  of  City  Inspector  of  Weights  and  Measurers, 
or  his  deputies. 

Section  10.  PENALTIES  PRESCRIBED.  Any  individual,  firm, 
corporation  or  association  who  shall  violate  any  provision  of  this 
ordinance,  shall,  upon  conviction  for  the  first  offense  be  subject  to 
a  fine  of  not  less  than  Twenty -five  ($25.00)  Dollars,  nor  more  than 
One  Hundred  ($100.00)  Dollars,  and  for  the  second  or  any  subse- 
quent offense  to  be  subject  to  a  fine  of  not  less  than  Fifty  ($50) 
Dollars  nor  more  than  Two  Hundred  ($200.00  Dollars),  and  such 
license  shall  be  revoked.  Each  individual  sale  or  transaction  of  any 
quantity  shall  constitute  a  separate  and  distinct  offense. 

Section  11.  REPEALING  ORDINANCES  WHICH  CONFLICT. 
All  ordinances  or  parts  of  ordinances  which  may  be  in  conflict  with 
this  ordinance,  are,  insofar  as  they  so  conflict,  hereby  repealed. 

Section  12.  CONSTITUTIONAL  PROVISION.  If  any  section 
or  part  of  any  section  of  this  ordinance  shall  be  declared  unconstitu- 
tional by  a  court  of  competent  jurisdiction,  then  the  remainder  shall 
not  be  affected  thereby,  and  as  to  such  other  provisions,  shall  con- 
tinue in  full  force  and  effect. 

Section  13.  EMERGENCY  DECLARED.  WHEREAS,  an 
emergency  has  been  declared  to  exist,  this  ordinance  shall  be  in 
full  force  and  effect  from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the 
City  Welfare  Committee. 

ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
19,  1926,  for  second  reading.   It  was  read  a  second  time. 

Mr.  Albertson  presented  the  following  written  motion 
which  was  read : 

Indianapolis,  Ind.,  April   19,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

I  move  that  General  Ordinance  No.   19,   1926,  be  amended  by 


104  journal  of  common  council  [Regular  Meeting 


striking  out  the  figure  33  wherever  it  appears  in  said  ordinance,  and 
inserting  in  lieu  thereof  the  figure  71. 

O.  RAY  ALBERTSON, 

Councilman. 

The  above  motion  was  seconded  and  carried  unani- 
mously. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  19,  1926,  was  ordered  en- 
grossed, read  a  third  time  and  placed  upon  its  passage 
as  amended. 

General  Ordinance  No.  19  was  read  a  third  time  and 
passed  unanimously  by  roll  call  vote  as  amended. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 

20  for  second  reading.  It  was  read  a  second  time. 

On  motion  of  Mr.  Raub,  seconded  by  Mr.  Negley, 
General  Ordinance  No.  20  was  ordered,  engrossed,  read  a 
third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  20  was  read  a  third  time  and 
passed  unanimously  by  roll  call  vote. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 

21  for  second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  21  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  21  was  read  a  third  time  and 
passed  unanimously  by  roll  call  vote. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 

22  for  second  reading.    It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  22  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  22  was  read  a  third  time  and 
passed  unanimously  by  roll  call  vote. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 

23  for  second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Raub,  seconded  by    Mr.    Negley, 
further  consideration  of  General  Ordinance  No.  23  was 


April  19,  1926]  city  of  Indianapolis,  ind.  105 

postponed  until  the  next  regular  session  of  the  Council. 

The  above  motion  was  carried  unanimously. 

Dr.  Todd  called  for  General  Ordinance  No.  13  for 
second  reading.    It  was  read  a  second  time. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Bartholo- 
mew, General  Ordinance  No.  13  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  13  was  read  a  third  time  and 
failed  to  pass  by  the  following  vote : 

Ayes,  2,  viz :    Messrs.  Negley  and  Ferguson. 

Noes,  6,  viz:  Messrs.  Bartholomew,  Springsteen, 
Raub,  Todd,  Albertson  and  President  Boynton  J.  Moore. 

ORDINANCES  ON  THIRD  READING 

Mr.  Raub  called  for  Resolution  No.  2,  1926. 

Resolution  No.  2  was  read  a  third  time  and  passed 
by  the  following  vote: 

Ayes,  5,  viz. :  Messrs.  Negley,  Springsteen,  Raub, 
Ferguson  and  Albertson. 

Noes,  3,  viz. :  Messrs.  Bartholomew  and  Todd,  and 
President  Boynton  J.  Moore. 

Immediately  after  the  vote  was  taken  Messrs.  Bar- 
tholomew and  Todd  and  President  Moore  changed  their 
vote  from  no  to  aye. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  the  Common  Council  of  the  City  of  Indianapolis 
adjourned  at  8:35  o'clock  p.  m. 


President. 
Attest : 

City  Clerk. 


Alay  3,  1926]  city  of  Indianapolis,  ind.  109 

REGULAR  MEETING 

Monday,  May  3,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  May  3,  1926,  at  7:30  p.  m.,  in 
regular  session,  President  Boynton  J.  Moore  in  the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and 
seven  members,  viz. :  Robert  E.  Springsteen,  Edward  B. 
Raub,  O.  Ray  Albertson,  Claude  E.  Negley,  Walter  R. 
Dorsett,  Otis  E.  Bartholomew  and  Austin  H.  Todd. 

Absent:    Millard  W.  Ferguson. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Dorsett. 

COMMUNICATIONS  FROM  THE  MAYOR 

April  20,   1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and 
delivered  to  William  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance 
No.  20,  1926.  An  Ordinance  to  amend  General  Ordinance  No.  114, 
1922.  Be  it  ordained  by  the  Common  Council  of  the  City  of  Indiana- 
polis, that  Section  18  of  General  Ordinance  No.  114,  1922,  be 
amended  to  read  as  follows:  "Section  18.  FRONT  YARDS  IN 
RESIDENCE  DISTRICTS:  (a)  Between  a  front  yard  line  as  herein 
established  and  the  street  line  no  building  or  portion  of  a  building 
rather  than  a  one-story  unenclosed  porch  or  a  fence  or  wall  not 
exceeding  3%  feet  in  height  may  be  erected." 

JOHN  L.  DUVALL, 

Mayor. 

April  20,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and 
delivered  to  William  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance 
No.  21,  1926. — "An  Ordinance  transferring  the  sum  of  Five  Hun- 
dred ($500.00)  Dollars  in  the  department  of  the  City  Controller  from 
the  fund  known  as  Item  No.  61,  therein  of  the  Controller's  fund, 
'Interest  on  Bonded  Debt,'  and  reappointing  the  same  to  the  fund 
known  as  Item  No.  241,  in  the  department  of  the  City  Controller, 
Controller's  fund,  'Advertising  and  Publication,'  and  declaring  a  time 
when  the  same  shall  take  effect." 

General  Ordinance  No.  22,  1926 — "An  Ordinance,  transferring 


110 


journal  of  common  council         [Regular  Meeting 


the  sum  of  Two  Hundred  ($200.00)  Dollars  in  the  department  of 
the  City  Controller  from  the  fund  known  as  Item  No.  61,  'Interest  on 
Bonded  Debt/  Controller's  fund,  and  reappropriating  the  same  to 
the  funds  as  follows:  One  Hundred  ($100.00)  Dollars  of  the  same 
to  the  fund  known  as  Item  No.  212,  'Postage,  Telegraph  and  Tele- 
phone,' and  One  Hundred  ($100.00)  Dollars  of  the  same  to  the  fund 
known  as  Item  No.  36,  'Office  Supplies,'  said  funds  being  known  as 
Item  No.  212  and  Item  No.  36  in  and  of  the  department  of  the  City 
Clerk  of  the  City  of  Indianapolis,  and  declaring  a  time  when  the 
same  shall  take  effect." 

JOHN  L.  DUVALL, 

Mayor. 

REPORTS  FROM  STANDING  COMMITTEES 

Indianapolis,   Ind.,   May  3,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  Your  Cimmittee  on  City  Welfare  to  whom  was 
referred  General  Ordinance  No.  25,  1926:  "Retail  sale  and  distribu- 
tion of  coal  and  coke,"  beg  leave  to  report  that  we  have  had  said 
ordinance  under  consideration,  and  recommend  that  the  same  be 
passed  as  amended. 

OTIS  E.  BARTHOLOMEW,  Chairman 

ROBT.  E.   SPRINGSTEEN 

AUSTIN  H.  TODD 

CLAUDE  E.  NEGLEY 

EDWARD  B.  RAUB. 

INTRODUCTION  OF  GENERAL  AND  SPECIAL  ORDINANCES 

By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  26,  1926. 

AN  ORDINANCE  to  repeal  Sections  381  and  382  of  General  Ordi- 
nance numbered  121,  being  an  ordinance  entitled  "An  Ordinance 
concerning  the  government  of  the  City  of  Indianapolis,  provid- 
ing penalties  for  its  violation  and,  with  stated  exceptions,  repeal- 
ing all  former  ordinances,"  being  known  as  "Municipal  Code  of 
Indianapolis,  1925." 

Be  it  Ordained  by  the  Common  Council  of  the  City  of.  Indianapolis, 
Indiana: 

That  Sections  381  and  382  of  General  Ordinance  No.  121, 
entitled  "An  Ordinance  concerning  the  government  of  the  City  of 
Indianapolis,  providing  penalties  for  its  violation  and,  with  stated 
exceptions,  repealing  all  former  ordinances,"  and  being  known  as 
"Municipal  Code  of  Indianapolis,  1925,"  be  and  they  are  each  hereby 
repealed. 

This  ordinance  shall  be  in  full  force  and  effect  from  and  after  its 
passage. 


May  3,  1926]  city  of  Indianapolis,  ind.  Ill 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Parks. 

By  Mr.  Bartholomew: 

GENERAL  ORDINANCE  NO.  27,  1926. 

AN  ORDINANCE,  prohibiting  the  use  by  Interurban  Companies 
between  the  hours  of  5:00  a.  m.  and  12:00  p.  m.  of  more  than 
one  freight  trailer  operating:  over  and  on  the  streets  of  the 
City  of  Indianapolis,  fixing  a  penalty  for  the  violation  of  the 
same,  and  fixing  a  time  when  the  same  shall  take  effect. 
Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana : 

Section  1.  That  it  shall  be  unlawful  for  any  interurban  or 
other  electrically  operated  utility  operating  in  and  over  the  streets 
of  the  City  of  Indianapolis  to  draw  more  than  one  trailer  between 
the  hours  of  5:00  a.  m.  and  12:00  p.  m. 

Section  2.  That  any  corporation,  firm,  partnership  or  individ- 
ual violating  the  same  shall  be  fined  in  any  sum  not  to  exceed  Fifty 
($50.00)  Dollars,  or  imprisoned  in  the  Marion  County  Jail  for  a 
period  not  to  exceed  thirty  days,  or  both. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Board 
of  Safety. 

By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  28,  1926. 

AN  ORDINANCE,  amending  Section  476  of  General  Ordinance  No. 
121,  an  ordinance  entitled,  "An  Ordinance  creating  the  govern- 
ment of  the  City  of  Indianapolis  providing  penalties  for  its  viola- 
tion and  with  stated  exceptions,  repealing  all  former  ordi- 
nances," being  known  as  "Municipal  Code  of  Indianapolis, 
1925." 

Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  Section  476  of  General  Ordinance  No.  121, 
paragraph  15,  pertaining  to  Wholesale  Junk  Dealers'  annual  license 
fees  which  reads  "wholesale  junk  dealer,  one  hundred  and  fifty 
dollars,"  be  amended  to  read  "wholesale  junk  dealer,  one  thousand 
dollars." 

.  Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  a  special 
committee  appointed  by  the  President  of  the  Council  con- 
sisting of  Mr.  Negley,  Chairman;  Mr.  Ferguson,  Mr.  Bar- 
tholomew, Dr.  Todd  and  Mr.  Dorsett. 


112  journal  of  common  council         [Regular  Meeting 

By  Dr.  Todd: 

GENERAL  ORDINANCE  NO.  29,  1926. 

AN  ORDINANCE,  prohibiting  the  use  of  sidewalks  for  the  sale,  dis- 
play, or  storage  of  goods,  wares,  merchandise,  fruits  or  vege- 
tables, providing  a  penalty  for  the  violation  of  the  same,  and 
fixing  a  time  when  the  same  shall  take  effect. 

Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  any  person,  firm  or  corporation  using  the 
public  sidewalks  in  the  City  of  Indianapolis  for  the  purpose  of  sell- 
ing, displaying,  or  storing  any  fruits,  vegetables,  goods,  wares  or 
merchandise  shall  be  held  to  be  in  violation  of  this  ordinance. 

Section  2.  Any  individual,  firm  or  corporation  found  guilty  of 
the  violation  of  this  ordinance  shall  be  fined  in  any  sum  not  to  exceed 
Fifty  ($50.00)  Dollars,  or  sentenced  to  the  Marion  County  Jail  for 
not  more  than  thirty  days,  or  both. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  City  Welfare. 

INTRODUCTION  OF  MISCELLANEOUS  BUSINESS 

By  Mr.  Raub: 

RESOLUTION  NO.  4,  1926. 

WHEREAS  the  General  Assembly  of  the  State  of  Indiana  Acts 
1925,  p.  367,  enacted  a  general  law,  amending  Sections  1  and  6  of 
the  Act  of  1923,  providing  for  a  tax  on  gasoline;  and 

WHEREAS,  Section  2  of  said  amendment  allots  a  certain  por- 
tion of  said  funds  to  cities  and  towns,  to  be  used  to  maintain  and 
repair  streets  or  bridges,  but  preference  to  be  given  to  those  streets 
connecting  with  State  Highways;  and 

WHEREAS,  said  Act  provided  that  said  fund  shall  be  used  as 
directed  by  the  Common  Council;  and 

WHEREAS,  it  is  the  opinion  of  this  Council  that  said  funds 
should  be  applied  to  repair,  or  resurface  the  following  streets  in  the 
City  of  Indianapolis: 

(a)  South  Meridian  Street  from  Belt  Railroad  to  Pleasant 
Run   Boulevard. 

(b)  East  Washington  Street  from  Audubon  Road  to  Sheridan 
Drive. 

(c)  North  West  Street  from  about  Eleventh  Street  north  to 
the  Canal;  and 

WHEREAS,  the  thoroughfare  plan  heretofore  adopted  by  this 
Council  provides  that  North  West  Street  shall  be  one  of  the  major 
thoroughfares  of  the  City  of  Indianapolis,  and  requires  the  straight- 
ening and  extending  of  North  West  Street  across  the  canal  and 
changing  the  location  of  the  bridge  across  the  canal. 


May  3,  1926]  city  of  Indianapolis,  ind.  113 


NOW,  THEREFORE,  BE  IT  RESOLVED  that  the  Board  of 
Works  of  the  City  through  the  City  Engineer  prepare  plans  and 
specifications,  together  with  estimates  of  the  costs  for  the  repairs  and 
improvements  above  mentioned,  including  the  required  expense  of 
moving  the  canal  bridge;  and  be  it  further 

RESOLVED  that  said  Board  make  such  recommendations  as  it 
may  deem  proper  in  connection  with  said  work  and  make  report  to 
this  Council  of  the  City's  share  of  the  cost  of  said  repairs  and  im- 
provements; and  be  it  further 

RESOLVED  that  this  Council  will,  on  receiving  said  report  and 
estimate,  give  same  due  consideration,  and  by  proper  procedure  direct 
that  the  funds  now  in  the  treasurer's  hands  shall  be  applied  in  whole 
or  in  part  toward  said  work  or  portions  thereof,  all  as  this  Council 
may  decide. 

Resolution  No.  4,  1926,  was  unanimously  adopted  on 
first  reading  on  motion  of  Mr.  Raub,  seconded  by  Mr. 
Bartholomew. 

ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
25,  1926,  for  second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr. 
Raub,  General  Ordinance  No.  25  was  ordered  amended 
to  read  as  follows: 

GENERAL  ORDINANCE  NO.  25,  1926    (As  Amended) 

AN  ORDINANCE,  to  regulate  the  retail  sale  and  distribution  of  coal 
and  coke,  in  the  City  of  Indianapolis;  To  provide  for  the  licens- 
ing of  dealers  in  such  fuel  products;  To  provide  for  delivery 
tickets  giving  the  weight  and  description  thereon ;  To  provide  for 
truthfully  describing  such  products  in  advertising  and  selling; 
Prescribing  a  penalty  for  violation  thereof;  declaring  an  emerg- 
ency, and  designating  a  time  when  the  same  shall  take  effect. 
Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  no  person,  firm,  corporation,  association  or 
organization  of  any  kind,  shall  engage  in  the  distribution  or  retail 
sale,  or  in  offering  for  sale  or  distribution,  or  in  selling  and  distribut- 
ing or  attempting  to  distribute,  to  the  ultimate  consumer,  within  the 
City  of  Indianapolis,  any  bituminous  coal,  anthracite  coal,  or  coke 
(each  and  all  of  which  are  hereinafter  known  and  termed  as  fuel, 
and  such  person,  firm,  corporation,  association  or  organization  shall 
be  known  as  a  fuel  merchant),  without  having  first  duly  secured  a 
license  for  that  purpose,  as  hereinafter  provided  by  this  ordinance. 
PROVIDED,  that  this  ordinance  shall  not  apply  to  the  sale  of 
fuel  to  recognized  and  regularly  licensed  coal  dealers  in  car  load 
lots,  nor  to  the  sale  of  fuel  in  car  load  lots  to  industries,  institu- 
tions, firms,  individuals,  or  other  purchasers  that  receive  delivery  of 


114  journal  of  Common  Council         [Regular  Meeting 


such  fuel  for  their  own  use  and  consumption,  without  it  being  neces- 
sary to  reweigh  for  proper  delivery  to  them,  and 

PROVIDED  FURTHER  that  this  ordinance  shall  not  apply  to  so- 
called  basket  peddlers  selling  in  lots  of  less  than  one  hundred  pounds. 

Section  2.  APPLICATION  FOR  A  LICENSE.  Any  person, 
firm,  corporation  or  association  desiring  to  conduct  or  engage  in  the 
business  of  a  fuel  merchant,  or  to  engage  in  the  sale  or  distribution 
of  coal  at  retail,  shall  make  application  in  writing  to  the  City  Con- 
troller for  a  license  so  to  do,  on  blanks  which  shall  be  supplied  for 
that  purpose,  specifying  and  giving  the  following  information : 

The  name  under  which  such  business  is  to  be  operated. 

The  address  of  the  principal  office  from  which  such  business  will 
be  conducted. 

Nature  of  the  organization,  as  to  whether  or  not  the  applicant 
is  a  person,  firm,  corporation  or  association. 

The  name  of  the  owner  or  officers  of  such  organization. 

The  location  or  address  of  all  storage  or  delivery  yards. 

Location  of  scales  used  and  their  capacity;  Number  of  railroad 
switches,  and  the  name  of  railroads  serving  same. 

That  applicant  is  familiar  with  the  terms  of  this  ordinance  reg- 
ulating the  sale  and  distribution  of  fuel. 

That  applicant  possesses,  leases  or  has  continuous  access  to 
sufficient  and  necessary  scales  and  weighing  facilities  that  have  been 
sealed  by  the  Inspector  of  Weights  and  Measures. 

Section  3.  LICENSE  FEE.  The  license  fee  for  a  fuel  mer- 
chant's license,  as  contemplated  in  this  ordinance,  shall  be  $50,  plus 
$15  for  each  and  every  additional  branch  delivery  yard  and  office 
operated  and  maintained  for  the  sale  and  distribution  of  coal.  All 
moneys  received  from  the  sale  of  such  licenses  shall  be  placed  to 
the  credit  and  use  of  the  current  expense  fund  of  this  city. 

Section  4.  SERIAL  NUMBER,  FORM,  TRANSFER,  AND 
TERM  OF  LICENSE.  Each  fuel  merchant's  license  shall  have  a 
serial  number  as  affixed  and  given  by  the  City  Controller,  which  se- 
rial number  may  be  retained  by  the  licensee  from  year  to  year,  pro- 
vided the  license  of  said  fuel  merchant  is  properly  renewed  and 
granted.  Said  license  shall  authorize  such  person,  firm,  corporation 
or  association  to  engage  in  the  retail  business  of  a  fuel  merchant  as 
hereinbefore  set  out  and  defined,  for  a  period  of  one  year  from  the 
date  of  its  issuance.  No  license  shall  be  granted  for  a  period  of  less 
than  one  year,  and  the  full  year's  license  fee  shall  be  paid  in  each 
case.  Under  no  circumstances  shall  any  license  be  transferable  or 
assignable. 

Section  5.  DISPLAYING  LICENSE.  Each  licensee  operating 
under  this  ordinance,  shall  place  and  maintain  conspicuously  upon 
each  delivery  vehicle  used,  the  serial  number  of  said  license,  and  the 
name  of  the  said  individual,  firm,  corporation,  or  association,  in  let- 
ters and  figures  no  less  than  three  inches  in  height. 

Section  6.  DELIVERY  TICKETS  AND  DUTIES.  It  shall  be 
unlawful  for  any  person,  firm,  corporation  or  association  to  sell  or 
deliver,  or  attempt  to  sell  or  deliver  within  the  city,  any  coal  or  coke, 
without  providing  the  driver  of  the  wagon  or  other  conveyance  con- 
taining any  such  fuel,  with  duplicate  delivery  tickets  for  each  lot  of 


May  3,  1926]  city  of  lndianapolis,  ind.  115 


fuel  contained  therein,  and  without  each  of  said  duplicate  tickets 
bearing1  thereon  clearly,  plainly  and  legibly,  each  of  the  following 
items  pertaining  to  the  lot  of  fuel  in  said  wagon  or  conveyance  to 
which  said  tickets  shall  relate:  (a)  The  date  of  such  delivery;  (b)  The 
name  and  address  of  the  person,  firm,  corporation  or  association  sell- 
ing and  delivering  or  attempting  to  sell  or  deliver  such  fuel;  (c)  The 
name  or  identifying  initials  of  the  party  who  weighed  it;  (d)  The 
total  weight  of  said  wagon  or  conveyance  and  its  contained  fuel;  (e) 
The  net  weight  of  said  fuel;  (f)  The  name  and  address  of  the  person, 
firm,  corporation  or  association  to  whom  such  fuel  is  to  be  delivered ; 
(g)  Either  the  true,  usual  and  customary  name  of  such  fuel,  or  the 
name  of  the  state  from  which  it  comes,  together  with  the  name  or 
number  of  the  district,  mine  or  seam  from  which  it  was  mined;  (h)  A 
description  which  will  clearly  indicate  the  size  of  its  preparation  and 
the  character  if  its  preparation  (i.  e.  whether  six-inch  lump,  four-inch 
lump,  egg,  nut,  pea,  mine  run,  shovelled  lump,  slack  or  screenings, 
etc.).  Before  unloading  any  of  a  lot  of  fuel  therefrom,  it  shall  be 
the  duty  of  the  driver  of  said  wagon  or  conveyance  to  deliver  one  of 
such  duplicate  delivery  tickets,  pertaining  to  the  lot  of  fuel  to  be 
delivered,  to  the  purchaser  thereof,  or  to  the  party  to  whom  delivery 
thereof  is  to  be  made;  and  upon  any  demand  or  request  of  such 
purchaser  or  party,  or  of  any  police  officer,  or  of  the  Inspector  cf 
Weights  and  Measures  of  this  City  or  his  deputy,  it  is  herby  made  the 
lawful  duty  of  said  driver  and  of  said  seller  to  promptly  convey  said 
loaded  wagon  or  conveyance  to  a  public  scale  that  may  then  be 
agreed  upon  by  the  parties  present  in  interest,  or,  in  the  absence  of 
such  agreement,  to  a  public  scale  selected  by  any  such  officer  or 
vendee  or  his  representative,  or  to  any  private  scale  whose  owner 
consents  to  the  provision  hereof,  where  said  driver  shall  deliver,  to 
any  such  officer,  or  to  the  person  in  charge  of  said  scale,  one  of 
said  duplicate  delivery  tickets,  and  where  the  total  weight  of  said 
wagon  or  conveyance  and  its  contained  fuel  shall  be  ascertained,  and 
to  thereupon  deliver  said  fuel  to  the  place  where  its  delivery  is  to  be 
made,  and  to  thereupon  forthwith  return  to  said  same  scale  and  per- 
mit the  weight  of  said  wagon  or  conveyance  to  be  ascertained  and 
the  verification  of  said  weights  shown  by  said  delivery  ticket  com- 
pleted. 

If,  upon  such  verification,  the  net  weight  of  such  fuel,  as  shown 
by  said  ticket  pertaining  thereto,  be  found  true  and  correct,  such 
vendee  shall  pay  the  cost  of  and  incident  to  such  verification,  which 
cost  to  him  shall  at  no  time  exceed  one  dollar;  otherwise  such  cost 
shall  be  borne  by  the  vendor  of  said  fuel;  provided,  however,  that  in 
the  event  such  verification  discloses  the  net  weight  of  said  fuel  to  be 
incorrect  the  vendor  of  such  fuel  may,  within  24  hours  after  such 
verification,  duly  request  an  inspection  of  his  scale  and  the  scale  used 
in  such  verification,  and  if  such  inspection  discloses  that  the  scale  of 
said  vendor  was  correct  and  said  verification  scale  incorrect,  the  own- 
er of  said  verification  scale  shall  pay  the  cost  of  said  verification  and 
inspection  of  both  said  scales;  and  provided  further,  that  if  both  said 
scales  be  found  by  said  inspection  to  be  inaccurate  in  any  substan- 
tial respect,  in  the  judgment  of  said  inspector,  said  vendor  shall  pay 
the  cost  of  said  verification,  and  the  owner  of  each  of  said  scales 
shall  pay  the  cost  of  said  inspection  and  resealing  of  his  own  scales. 
This  section  shall  be  cumulative  with  all  other  ordinances  of  this  city 
and  of  the  laws  of  the  state  in  such  respects,  and  nothing  herein 
shall  be  construed  to  prevent  the  Inspector  of  Weights  and  Measures 


116  journal  OF  common  council  [Regular  Meeting 


or  his  dupties  from  making  inspections  in  their  regular  manner  and 
demanding  a  verification  at  any  time. 

Section  7.  SUBSTITUTION  AND  MIXING  PROHIBITED  AND 
EXCEPTIONS.  The  substitution  or  mixing  of  fuel  is  hereby 
declared  illegal  and  subject  to  the  penalties  provided  in  this  ordi- 
nance, except  when  the  fuel  has  been  sold  as  such  and  is  correctly  un- 
derstood by  the  purchaser,  and  clearly  indicated  on  the  delivery 
ticket  as  provided  in  Section  6  of  this  ordinance. 

Section  8.  DESCRIBING  AND  ADVERTISING  FUEL.  It  is 
hereby  declared  unlawful  for  any  person,  firm,  corporation  or  asso- 
ciation to  sell,  offer  for  sale,  to  deliver,  or  attempt  to  deliver,  or  to 
advertise  in  any  newspaper,  circular,  letter,  handbill,  or  to  advertise 
in  any  way,  any  coal,  coke  or  fuel  by  any  name  which  is  not  the  true, 
usual  and  customary  name  of  such  fuel;  or  without  giving  either  the 
true,  usual  and  customary  name  of  such  fuel,  or  the  name  of  the 
state  from  which  it  comes,  together  with  the  name  or  number  of  the 
district,  mine  or  seam  from  which  it  was  mined,  and  also  a  descrip- 
tion which  will  indicate  the  size  of  its  perparation  and  the  character 
of  its  preparation,  (i.  e.  whether  six  inch  lump,  four  inch  lump,  egg, 
nut,  pea,  mine  run,  shovelled  lump,  slack  or  screenings,  etc.). 

Section  9.  RECORD  OF  TARE  WEIGHTS.  Every  licensee 
operating  under  this  ordinance  shall  compute  delivery  ticket  weight 
by  using  the  last  tare  weight  of  delivery  equipment  taken  at  least 
once  a  day  for  every  day  of  dry  weather  and  twice  a  day  in  rainy  or 
wet  weather;  daily  record  of  tare  weights  of  equipment  to  be  kept  for 
reference  by  dealer,  covering  a  period  of  the  past  ten  days  at  all 
times;  all  dealers'  daily  tare  weight  records  of  hauling  equipment  to 
be  subject  to  inspection  of  City  Inspector  of  Weights  and  Measures 
or  his  deputies. 

Sestion  10.  PENALTIES  PRESCRIBED.  Any  individual, 
firm,  corporation  or  association  who  shall  violate  any  provision  of 
this  ordinance,  shall,  upon  conviction  for  the  first  offense  be  subject 
to  a  fine  of  not  less  than  twenty-five  ($25.00)  dollars,  nor  more  than 
One  Hundred  ($100.00)  Dollars,  and  for  the  second  or  any  subse- 
quent offense,  be  subject  to  a  fine  of  not  less  than  $50  nor  more  than 
$200  and  such  license  shall  be  revoked.  Each  individual  sale  or 
transaction  of  any  quantity  shall  constitute  a  seperate  and  distinct 
offense. 

Section  11.  REPEALING  ORDINANCES  WHICH  CONFLICT. 
All  ordinances  or  parts  of  ordinances  which  may  be  in  conflict  with 
this  ordinance,  are,  insofar  as  they  so  conflict,  hereby  repealed. 

Section  12.  CONSTITUTIONAL  PROVISION.  If  any  section 
or  part  of  any  section  of  this  ordinance  shall  be  declared  unconsti- 
tutional by  a  Court  of  competent  jurisdiction,  then  the  remainder 
shall  not  be  affected  thereby,  and  as  to  such  other  provisions,  shall 
continue  in  full  force  and  effect. 

Section  13.  EMERGENCY  DECLARED.  WHEREAS,  an 
emergency  has  been  declared  to  exist,  this  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage. 

On  motion  of  Mr.  Bartholomew  seconded  by  Dr.  Todd, 
General  Ordinance  No.  25  was  ordered  engrossed  as 
amended,  read  a  third  time  and  placed  upon  its  passage. 


May  3,  1926] 


CITY   OF   INDIANAPOLIS.   IND. 


117 


General  Ordinance  No.  25  was  read  a  third  time,  as 
amended  and  passed  by  the  following  vote: 

Ayes,  7,  viz. :  Bartholomew,  Springsteen,  Raub,  Todd, 
Dorsett,  Negley  and  President  Moore. 

Noes,  1,  viz. :    Albertson. 

Mr.  Dorsett  called  for  General  Ordinance  No.  23, 
1926  for  second  reading.     It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  23  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  23  was  read  a  third  time  and 
passed  by  the  following  vote: 

Ayes,  8,  viz. ;  Messrs.  Sprinsteen,  Raub,  Albertson, 
Negley,  Dorsett,  Bartholomew,  Todd  and  President  Boyn- 
ton  J.  Moore. 

On  motion  of  Mr.  Raub,  seconded  by  Dr.  Todd,  Reso- 
lution No.  3,  1926  was  stricken  from  the  files. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinances  Nos.  11  and  13  were  stricken 
from  the  files. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Raub,  Spe- 
cial Ordinance  No.  1,  1926,  and  General  Ordinance  No. 
19,  1926,  were  stricken  from  the  files. 

On  motion  of  Mr.  Albertson,  seconded  by  Dr.  Todd, 
the  Common  Council  of  the  City  of  Indianapolis  at  8:30 
o'clock  p.  m.,  adjourned. 


Attest 


"^^^^  Li , 


City  Clerk. 


President. 


May  6,  1926]  city  of  Indianapolis,  ind.  121 


SPECIAL  MEETING 

Thursday,  May  6,  1926,  2:00  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  special  session  in  the  Council  Chamber  at  2:00  p.  m., 
Thursday,  May  6,  1926,  pursuant  to  the  following  call 
which  was  read : 

May  5,  1926,  4:10  p.  m. 
To  the  Members  of  the  Common  Council,  Indianapolis,  Indiana: 

Gentlemen — You  are  hereby  notified  that  there  will  be  a  special 
meeting  of  the  Common  Council  held  in  the  Council  Chamber  on 
Thursday,  May  6,  1926,  at  2:00  p.  m.  sharp. 

The  purpose  of  such,  meeting  being  to  reconsider  as  a  main  issue 
General  Ordinance  No.  19  and  to  consider  General  Ordinances  Nos. 
24  and  26. 

Respectfully, 

BOYNTON  J.  MOORE. 

I,  William  A.  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served 
the  above  and  foregoing  notice  to  each  and  every  member  of  the 
Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WILLIAM  A.  BOYCE,  JR., 

City  Clerk. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and  eight 
members,  viz. :  Otis  E.  Bartholomew,  Claude  E.  Negley, 
Robert  E.  Springsteen,  Millard  W.  Ferguson,  Edward  B. 
Raub,  Austin  H.  Todd,  O.  Ray  Albertson  and  Walter  R. 
Dorsett. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Dorsett,  seconded  by  Mr.  Negley. 

COMMUNICATIONS  FROM  CITY  OFFICERS 

May  6,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith  a  General  Ordinance 
transferring  the  sum  of  Two  Thousand  ($2,000.00)  Dollars  from  the 
Garage  and  Motor  Fund  No.  33,  Department  of  Public  Works,  and 
reappropriating  the  same  to  the  Equipment  Fund  No.   72,  Depart- 


122  joulnal  op  common  council  [Special    Meeting 


ment   of    Public    Works,    and   recreating   Equipment   Fund    No.    72, 
Department  of  Public  Works. 

I  respectfully  recommend  the  passage  of  this  ordinance. 
Respectfully, 

W.  C.  BUSER, 

City  Controller. 

REPORT  FROM   COMMITTEES 

Indianapolis,  Ind.,  May  6,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Special  Committee  on  Parks  to  whom  was 
referred  Ordinance  No.  26,  1926,  entitled  "Repealing  Sections  381 
and  382  of  General  Ordinance  121  of  1925  Code,"  beg  leave  to  report 
that  we  have  had  said  ordinance  under  consideration,  and  recom- 
mend that  the  same  be  passed. 

OTIS  E.  BARTHOLOMEW,  Chairman 
WALTER  R.  DORSETT 
AUSTIN  H.  TODD 
M.  W.  FERGUSON 

INTRODUCTION  OF  GENERAL  ORDINANCES 

By  Mr.  Bartholomew: 

GENERAL  ORDINANCE  NO.  30,  1926 

AN  ORDINANCE,  transferring  the  sum  of  Two  Thousand  ($2,000) 
Dollars  from  the  Garage  and  Motor  Fund  No.  33,  Depart- 
ment of  Public  Works,  and  reappropriating  the  same  to  Equip- 
ment Fund  No.  72,  Department  of  Public  Works,  and  recreating 
Equipment  Fund  No.  72,  Department  of  Public  Works,  insofar 
as  heretofore  it  may  have  been  defective,  and  fixing  a  time 
when  the  same  shall  take  effect. 

WHEREAS,  the  City  of  Indianapolis,  through  its  authorized 
agents  failed,  refused  and  neglected  at  the  time  of  the  making  of 
the  Appropriation  Budget  Ordinance  for  1926  to  set  aside  any  funds 
in  Equipment  Fund  No.  72,  Department  of  Public  Works,  and 

WHEREAS,  there  are  now  no  available  funds  in  the  Department 
of  Public  Works,  in  Equipment  Fund  No.  72,  now,  therefore, 
Be   it   Ordained   by    the   Common   Council   of   the    City   of  Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  Two  Thousand  ($2,000.00)  Dol- 
lars be  and  the  same  is  hereby  now  transferred  and  reappropriated 
from  Garage  and  Motor  Fund  No.  33,  Department  of  Public  Works, 
to  Equipment  Fund  No.  72,  Department  of  Public  Works. 

Section  2.  That  Equipment  Fund  No.  72,  Department  of  Public 
Works  is  hereby  recreated  and  made  such  fund. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  a  special 


May  6,  1926]  city  of  Indianapolis,  ind.  123 

committee  consisting  of  Mr.   Ferguson,   Chairman;    Mr. 
Dorsett,  Mr.  Negley,  Mr.  Bartholomew  and  Dr.  Todd. 

ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
26,  1926,  for  second  reading.   It  was  read  a  second  time. 

Mr.  Raub  moved  to  postpone  action  on  General  Ordi- 
nance No.  26,  1926,  until  the  next  regular  meeting  of  the 
Council. 

Mr.  Bartholomew  moved  to  table  Mr.  Raub's  motion 
which  motion  to  table  was  adopted  by  the  following  vote : 

Ayes,  5,  viz.:  Messrs.  Bartholomew,  Dorsett,  Fergu- 
son, Todd  and  President  Boynton  J.  Moore. 

Noes,  4,  viz.:  Messrs.  Albertson,  Negley,  Raub  and 
Springsteen. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  26,  1926,  was  ordered 
engrossed,  read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  26  was  read  a  third  time  by 
the  Clerk  and  passed  by  the  following  vote : 

Ayes,  5,  viz.:  Messrs.  Bartholomew,  Dorsett,  Fergu- 
son, Todd  and  President  Boynton  J.  Moore. 

Noes,  4,  viz.:  Messrs.  Albertson,  Negley,  Raub  and 
Springsteen. 

After  President  Moore  had  announced  the  result  of 
the  vote  and  declared  General  Ordinance  No.  26  adopted, 
Mr.  Springsteen  asked  that  his  vote  be  changed  from  no 
to  aye  and  gave  written  notice  that  he  would  ask  for 
reconsideration  of  General  Ordinance  No.  26  at  the  next 
regular  meeting  as  follows: 

Indianapolis,  Ind.,  May  6,  1926. 

Mr.  President: 

I  hereby  give  notice  that  I  will  at  the  next  regular  meeting  of 
this  Council  make  a  motion  to  reconsider  the  vote  whereby  General 
Ordinance  No.  26,  1926,  was  passed. 

ROBT.   E.   SPRINGSTEEN. 


124 


JOURNAL   OF   COMMON    COUNCIL 


[Special    Meeting 


Mr.  Bartholomew  called  for  General  Ordinance  No. 
24,  on  second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  24  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  24  was  read  a  third  time  and 
passed  by  unanimous  vote  of  the  Council. 

On  motion  of  Mr.  Dorsett,  seconded  by  Dr.  Todd,  the 
Common  Council  of  the  City  of  Indianapolis  adjourned 
at  3:15  p.  m. 


President. 


Attest: 


Jf2ct^i^  u.  40<^p<^4^. 


City  Clerk. 


Mav  17.  19261  city  of.  Indianapolis,  ind.  121 

REGULAR  MEETING 

Monday,  May  17,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Monday,  May  17,  1926,  at  7:30 
p.  m.,  in  regular  session,  President  Boynton  J.  Moore  in 
the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore  and  seven  mem- 
bers, viz. :  Walter  R.  Dorsett,  Claude  E.  Negly,  Austin  H. 
Todd,  Otis  E.  Bartholomew,  Robert  E.  Springsteen,  O. 
Ray  Albertson  and  Millard  W.  Ferguson. 

Absent:    Edward  B.  Raub. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Dr.  Tood,  seconded  by  Mr.  Bartholomew. 

COMMUNICATIONS  FROM  THE  MAYOR 

May  12,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  vetoed  General  Ordinance  No.  26. 
An  Ordinance  to  repeal  sections  381  and  382  of  General  Oridnance 
Number  121,  being  an  Ordinance  entitled  "An  Ordinance  concerning 
the  Government  of  the  City  of  Indianapolis,  providing  penalties  for 
its  violation  and,  with  stated  exceptions,  repealing  all  former  Or- 
dinances," being  known  as  "Municipal  Code  of  Indianapolis  1925." 

J.  L.  DUVALL, 

Mayor. 

May  12,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  Resolution  No.  4.  Whereas 
the  General  Assembly  of  the  State  of  Indiana  Acts  1925  p.  367,  en- 
acted a  general  law,  amending  sections  1  and  6  of  the  Act  of  1923 
providing  for  a  tax  on  gasoline. 

J.  L.  DUVALL, 

Mayor. 

May  12,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,   General  Ordinance  No. 


122  city  of  Indianapolis,  ind.  [Regular  Meeting 


23,  1926,  an  Ordinance  transferring  the  sum  of  Five  Thousand 
($5,000.00)  Dollars  in  the  Department  of  the  City  Civil  Engineer 
from  the  fund  known  as  Item  No.  21,  Team  Hire,  and  reappropriat- 
ing  the  same  to  the  fund  known  as  Item  No.  72,  Equipment,  in  the 
Department  of  the  City  Civil  Engineer,  and  declaring  a  time  when 
the  same  shall  take  effect. 

J.  L.  DUVALL, 

Mayor. 

May  12,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.   Boyce,  Jr.,   City  Clerk,   General  Ordinance  No. 

24,  1926.  An  Ordinance  transferring  the  sum  of  Seventy-five 
($75.00)  Dollars  in  the  Department  of  Law  from  the  fund  known  as 
Item  No.  53,  therein,  "Refunds,  Awards  and  Indeminities,"  and  re- 
appropriating  the  same  to  the  fund  known  as  Item  No.  21,  "Com- 
munication and  Transportation, "  in  the  Department  of  Law,  and 
declaring  a  time  when  the  same  shall  take  effect. 

J.  L.  DUVALL, 

Mayor. 

May  12,  1926*. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No. 
No.  25.  An  Ordinance  to  regulate  the  retail  sale  and  distribution  of 
coal  and  coke,  in  the  City  of  Indianapolis;  To  provide  for  the  licen- 
sing of  dealers  in  such  fuel  products;  To  provide  for  delivery  tickets 
giving  the  weight  and  description  thereon;  To  provide  for  truthfully 
describing  such  products  in  advertising  and  selling;  Prescribing  a 
penalty  for  violation  thereof;  declaring  an  emergency,  and  designat- 
ing a  time  when  the  same  shall  take  effect. 

J.  L.  DUVALL, 

Mayor. 

REPORT  OF  CITY  OFFICERS 

May  17,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith  a  General  Ordinance 
abolishing  the  position  of  one  of  the  two  regular  foremen  employed 
at  the  rate  of  Fifteen  Hundred  ($1500.00)  Dollars  per  year,  each,  in 
the  Asphalt  Repair  Department  under  the  Board  of  Public  Works, 
and  increasing  the  salary  of  the  Assistant  Superintendent  of  such 
Asphalt  Plant  Department  from  Sixteen  Hundred  and  Twenty 
($1620.00)  Dollars  to  Two  Thousand  Four  Hundred  ($2400.00) 
Dollars  per  annum.  This  will  make  a  saving  of  Seven  Hundred  and 
Twenty  ($720.00)  Dollars  per  year  in  the  Asphalt  Plant  Depart- 
ment under  the  Board  of  Public  Works. 

I  respectfully  recommend  the  passage  of  this  Ordinance. 

Yours, 

WM.  C.  BUSER, 

City  Controller. 


May  17.  19261  city  of  Indianapolis,  ind.  123 


May  17,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith  a  General  Ordinance 
providing-  for  the  immediate  investment  by  the  City  Controller  in 
bonds  of  all  prepayments  and  moneys  prepaid  by  persons  assessed 
for  public  improvements  and  who  have  taken  theretofore  the  priv- 
ilege of  payment  by  installments  under  the  Barrett  law:  providing  a 
method  for  the  immediate  payments  of  such  bonds  by  the  City  Treas- 
urer upon  warrant  of  the  City  Controller;  providing  for  the  imme- 
diate deposit  in  a  bank  or  trust  company,  to  be  selected  by  the 
Mayor,  of  all  special  funds  in  the  hands  of  the  City  Treasurer  unde- 
posited  in  public  depositories,  in  the  name  of  the  City  of  Indiana- 
polis, as  trustee,  and  incapable  at  the  time  of  being  used  in  the  pur- 
chase of  such  bonds;  providing  that  such  deposits  shall  draw  interest 
at  the  rate  of  5%  per  annum,  or  more,  and  that  such  interest  shall 
be  the  property  of  the  City  as  such  trustee  for  the  payment  of  inter- 
est due  on  bonds  issued  originally  for  the  payment  of  such  public 
improvements. 

I  respectfully  recommend  the  passage  of  this  Ordinance. 

Yours, 

WM.  C.  BUSER, 

City  Controller. 

May  12,  1926. 

To  Hon.  Boynton  J.  Moore,  President  of  the  Common  Council  of  the  City 
of  Indianapolis,  Indiana: — 

On  March  15th  last,  the  Common  Council  by  Resolution  No.  2, 
made  specific  demand  upon  me  as  head  of  the  Legal  Department  of 
the  City  to  advise  it  and  to  institute  such  proceedings  and  take  such 
steps  as  may  be  deemed  necessary  and  proper  by  the  Corporation 
Counsel  to  enforce  the  provisions  of  the  laws  of  this  State  applic- 
able to  Barrett  Law  moneys  coming  into  the  hands  of  the  City  Treas- 
urer. 

Under  Acts  of  1905,  Page  236,  Burns'  1926,  Sec.  10335,  it  is 
the  duty  of  the  Corporation  Counsel  to  have  the  management,  charge 
and  control  of  the  law  business  of  the  city  and  for  each  branch  of 
its  government,  and  to  be  the  legal  adviser  of  all  of  its  departments 
and  officers,  which,  of  course,  includes  the  Common  Council;  he  shall 
also  promptly  commence  all  proceedings  necessary  or  advisable  for 
the  protection  or  enforcement  of  the  rights  of  such  city  or  of  the 
public.  Under  the  oath  of  this  office  and  under  such  express  law, 
the  Corporation  Counsel  has  no  option  in  the  matter,  even  were  he 
disposed  to  do  otherwise,  than  to  advise  you  truthfully  and  as  ex- 
peditiously as  he  can  of  the  law  inquired  about  and  to  institute  such 
proceedings  as  are  necessary  to  vindicate  the  law." 

For  proper  understanding  of  the  Barrett  law  situation,  it  is 
necessary  that  I  review  somewhat  the  history  and  nature  of  the 
same.  Although  it  antedates  1905  when  our  city  laws  were  codified, 
yet  I  will  only  begin  at  that  date  and  briefly  summarize.  This  is 
necessary,  although  the  only  question  here  is  whether  or  not  the 
interest  on  the  prepayments  of  persons  specially  benefitted  by  public 
improvements  and  who  have  taken  the  Barret  law,  belongs  to  the 
City  or  to  the  County  Treasurer  who  is  ex-officio  the  City  Treasurer. 


124  city  of  Indianapolis,  ind.  [Regular  Meeting 


At  the  outset,  let  me  say  that  it  is  my  opinion  that  under  the  law  of 
the  State  any  interest  of  any  nature  or  description  arising  from  pre- 
payments on  the  Barrett  law  belongs  not  to  the  City  Treasurer  or 
to  an  individual  but  to  the  City  and  its  creditors. 

It  has  been  stated  that  under  the  law  as  it  now  exists,  if  the  in- 
terest were  paid  to  the  City  instead  of  to  the  City  Treasurer,  that 
the  same  would  end  all  deficiency  in  the  Barrett  law  payments.  My 
answer  to  this  is  that  it  is  a  mistaken  notion.  It  cannot  be  done 
under  the  present  law;  it  can  only  be  approximated.  Under  the  Acts 
of  1905,  the  law  permitted  prepayments  of  assessments  against  indi- 
viduals benefitted  by  the  public  improvement  but  also  provided  for 
calling  in  the  bonds  issued  by  the  City  for  paying  for  the  improve- 
ment originally  and  making  partial  payment  thereon  to  stop  the  in- 
terest. This  was  satisfactory  to  property  owners  but  the  bonds  were 
not  so  good  as  the  maturity  was  uncertain  and  interest  was  lost  to 
the  City  to  some  extent  by  the  delays  of  calling  in  the  bonds  and 
making  the  proper  credits  thereon.  But  because  this  plan  had  a 
tendency  to  increase  the  rate  of  interest  required  by  bond  holders 
and  because  it  made  such  bonds  undesirable  on  the  ground  that  they 
were  not  a  certain  fixed  investment  by  the  bond  holder,  this  plan 
was  considered  as  impracticable,  and  indeed  a  considerable  deficit 
accumulated  thereunder.  It  was  to  make  up  this  shortage  that  the 
Legislature  passed  a  law  providing  for  a  one-cent  tax  levy  on  the 
general  public  to  make  up  the  deficiency  between  the  original  bonds 
and  the  payments  and  prepayments  of  the  persons  assessed. 

In  Acts  1913,  Page  349,  in  order  to  obviate  deficiences  in  the 
future,  the  Legislature  adopted  the  only  feasible  plan  to  make  the 
money  paid  in  on  Barrett  law  absolutely  and  unerringly  equal  to  the 
amount  for  which  the  City  was  liable  on  bonds  and  their  interest  is- 
sued by  the  City  to  secure  the  deferred  payments  under  the  Barrett 
law.  This  Act  declared  that  although  persons  may  take  the  Barrett 
law  (which  means  that  persons  liable  for  the  assessments  of  bene- 
fits may  pay  the  same  in  10  annual  installments)  yet  if  such  persons 
desire  to  make  prepayments  and  get  rid  of  the  lien  upon  their  prop- 
erty, they  must  in  such  prepayment  pay  in  not  only  the  full  amount 
of  the  principal  which  is  due,  but  also  all  of  the  interest  which  would 
accumulate  for  the  full  unelasped  period  of  10  years.  Obviously 
then  under  this  plan  there  could  be  ho  deficiency.  But  again  this 
plan  was  highly  unsatisfactory  to  the  public  who  desired  more  len- 
iency and  the  1915  Act,  Acts  of  1915,  Page  548,  Burns'  1926  Sec. 
10450,  was  substituted  for  the  1913  Act. 

This  1915  Act  in  my  opinion  is  now  the  law  as  to  prepayments 
and  has  been  the  law  since  it  went  into  force  in  about  the  month  of 
February,  1915.  This  Act  declares  that  a  Barrett  law  taker  might 
make  his  prepayments  at  any  time  after  the  expiration  of  the  first 
year,  pay  up  his  entire  assessment  and  stop  the  interest  thereon, 
and  be  relieved  of  the  lien  of  the  same,  only  upon  the  condition  that 
he  at  the  same  time  pay  up  all  accrued  interest,  and  also  interest  up 
to  the  time  when  the  next  installment  of  interest  would  be  payable, 
provided  that  he  give  six  months  notice  to  the  Treasurer  of  such 
prepayment.  This  leniency  to  the  Barrett  law  taker  necessarily 
placed  large  sums  of  money  in  the  hands  of  the  City  Treasurer 
amounting,  as  I  am  reliably  informed,  to  about  $1,000,000.00  a 
year.  Of  course,  the  original  Barrett  law  bonds  continued  without 
intermission  to  pile  up  interest  against  the  City  but  unless  this  pre- 


Mav  17.  19261  city  of  Indianapolis,  ind.  125 


payment  sum  of  $1,000,000.00  a  year  were  invested  as  quickly  as 
possible,  the  City  would  have  no  offset  against  the  original  bond 
interest,  from  the  large  sum  of  the  prepayments.  Devising  against 
this  difficulty,  the  1915  Act  provided  as  follows: — 

"Said  prepaid  assessments  shall  constitute  a  'special  fund'  to 
be  held  in  trust  by  the  Treasurer  in  the  form  hereinafter  prescribed, 
for  the  owner  or  owners  of  the  different  issue,  of  bonds  upon  which 
such  prepayments  had  been  made;  it  shall  be  the  duty  of  the  City, 
through  its  Comptroller,  to  invest  such  trust  funds  in  bonds  of  simi- 
lar kind  and  character,  at  par,  for  the  benefit  of  said  City  as  Trustee 
for  the  holders  of  the  bonds  and  interest  coupons  upon  which  such 
prepayments  were  made,  and  the  City  shall  become  liable  to  such 
holders  to  the  amount  of  the  prepayment  thereon  made,  with  the  in- 
terest on  the  principal  thereof.  The  said  bonds  in  which  said  trust 
funds  are  invested,  shall  be  held  and  collected  by  the  Treasurer  as 
other  bonds  are  collected,  and  the  money  applied  in  payment  of  the 
installment  of  interest  and  principal  of  the  bonds  upon  which  said 
prepayments  were  originally  made,  or  to  said  City;  provided,  that 
it  has  paid  the  same." 

Under  this  law  it  was  the  intent  of  t,he  Legislature  to  show 
leniency  to  the  Barrett  law  taker  but  also  it  was  the  purpose  to  take 
his  prepayment  and  to  apply  it  immediately  to  the  purchase  of  new 
bonds  in  order  to  attain  unto  a  higher  rate  of  interest  than  could  be 
obtained  by  a  deposit  in  a  bank  or  perhaps  in  a  public  depository  and 
thereby  do  the  best  that  could  be  done  under  the  circumstances  to 
cause  the  new  interest  on  the  prepayments  to  equalize  or  opproxi- 
mately  equalize  the  interest  accruing  on  the  original  bonds.  Before 
proceeding  further  let  me  discuss  briefly  some  of  the  defects,  per- 
haps, in  the  operation  but  not  of  the  validity  of  this  law.  At  least 
some  time  must  intervene  before  the  controller  can  invest  this  large 
sum  of  prepayment  money  into  bonds  which  would  be  desirable. 
During  this  time  the  Treasurer  under  present  practice  would  have 
this  sum  for  his  own  use  and  upon  which  under  present  practice  he 
would  draw  interest  at  the  rate  of  $5,000.00  or  $10,000.00  per 
year.  It  has  been  questioned  as  to  whether  or  not  at  times  the  con- 
troller could  get  good  bonds  in  the  market  quickly  and  expeditiously. 
It  has  been  urged  that  in  such  cases  bonds  purchased  by  the  Con- 
troller might  not  be  paid ;  that  foreclosures  would  result  and  perhaps 
the  City  be  loaded  down  with  real  estate  and  various  kinds  of  frozen 
securities.  It  is  also  urged  that  by  reason  of  the  vast  number  of  pre- 
payments and  numbers  of  investments  which  the  Controller  must 
make  under  the  bond  purchasing  provision,  a  gigantic  and  perhaps 
imposs'fre  requirement  as  to  bookkeeping  in  the  offices  of  the 
Controller  and  Treasurer  might  result.  Be  this  as  it  may,  this  is 
now  the  law  and  should  be  followed  at  least  until  the  next  General 
Assembly,  when  after  trial  if  the  law  be  found  wanting,  it  could  be 
rectified. 

But  at  no  time  since  1915  has  this  law  ever  been  put  into  effect. 
The  reasons  for  this  inoperation  seem  to  me  to  be  artificial  and  not 
based  upon  common  sense  or  duty  to  the  public.  The  main  difficulty 
as  raised,  is  the  public  depository  law  of  1907  and  the  Federal  injunc- 
tion thereunder  in  1908  by  the  U.  S.  Circuit  Court  in  the  case  of 
Barber  Asphalt  Paving  Company  vs.  Edward  J.  Robison,  as  Treas- 
user  of  the  City  of  Indianapolis  and  the  City  of  Indianapolis,  No. 
10815.    This  case  seems  to  have  been  a  friendly  litigation  but  on 


126  city  of  Indianapolis,  ind.  [Regular  Meeting 


December  30,  1908,  A.  B.  Anderson  as  the  Judge  therein  rendered 
the  following  final  decree  in  the  case: 

"That  the  temporary  injunction  heretofore  granted  against  the 
defendants  herein  be,  and  the  same  hereby  is  made  perpetual." 

"And  the  said  Edward  J.  Robison,  as  Treasurer  of  the  City  of 
Indianapolis,  and  his  successor  or  successors  in  office  be,  and  they 
hereby  are,,  perpetually  restrained  and  enjoined  from  depositing  in 
any  bank,  trust  company,  or  other  public  depository,  any  of  the 
moneys  or  funds  received  by  the  said  Robison  as  such  Treasurer,  or 
by  his  successor  or  successors,  on  account  of  any  special  assessments 
made  by  the  City  of  Indianapolis,  for  the  improvement  of  streets  or 
other  public  improvements  therein." 

The  Public  Depository  Law,  Acts  1907,  page  391,  Burns'  1926, 
Sec.  12611,  et  seq.  went  into  effect  December  1,  1907,  which  has 
since  been  amended  in  various  particulars.  The  purpose  of  the 
depository  Act  was  to  remedy  the  old  grievance  of  the  public  that 
Treasurers,  State  and  Municipal,  were  allowed  under  the  law,  as  we 
shall  hereafter  show,  to  deposit  public  funds  to  their  own  benefit  and 
retain  the  interest  thereon.  Many  fortunes  were  made  in  this  way 
it  is  said.  It  was  desired  by  the  General  Assembly  that  the  interest 
on  public  funds  should  go  to  the  Public,  and  pursuant  to  such  view 
insofar  as  cities  were  concerned  certain  banks  were  established  as 
compulsory  depositories  of  all  public  funds,  which  depositories,  under 
Section  15  of  the  law,  as  amended  in  Acts  of  1909,  page  437,  were 
to  pay  to  the  City  interest  on  daily  balance,  at  the  rate  of  2%  per 
annum,  and  upon  semi-annual  time  deposits  2  %  %  per  annum  and 
upon  annual  time  deposits  3  %  per  annum.  In  passing  let  me  say 
that  this  rate  of  interest  has  become  antiquated;  the  City  like  any 
other  depositor  ought  to  receive  a  much  higher  rate  on  its  deposits 
of  public  funds,  such  as  is  received  by  an  ordinary  depositor  in 
these  days;  that  the  next  General  Assembly  should  order  a  raise 
in  the  per  cent,  of  interest  coming  to  the  City.  The  title  to  the 
Depository  Act  shows  that  the  same  has  no  reference  to  any  funds 
except  public  funds  and  the  Act  itself,  the  Federal  Court  decision, 
the  hereinafter  mentioned  decision  of  the  Marion  Superior  Court  in 
the  Von  Hake  case,  and  other  sections  of  the  Statute  show  the  same. 

In  the  case  in  the  Federal  Court  the  theory  of  the  plaintiff  was 
that  it  had  bonds,  probably  executed  before  the  depository  law  went 
into  effect  and  that  any  change  in  the  method  of  their  payment  or  of 
the  depositing  of  the  trust  funds  for  their  payment,  would  impair 
the  obligation  of  the  contract  for  such  bonds;  that  Robison  as  Treas- 
urer of  the  City  was  about  to  deposit  Barrett  law  funds  in  the  public 
depositories  and  that  no  money  deposited  by  said  Robison,  in  said 
depositories  could  thereafter  be  withdrawn  from  the  same  except  in 
payment  of  a  warrant  drawn  by  proper  officers  as  authorized  by  the 
depository  law;  that  if  such  Barrett  law  moneys  were  so  deposited 
there  would  be  no  proper  officer  of  the  City  with  right  or  authority 
to  draw  any  warrant  in  favor  of  the  plaintiff  or  of  any  other  bond 
holder,  upon  which  such  money  could  be  withdrawn  from  said  depos- 
itories; that  the  ten  Controllet,  George  T.  Bruenig,  had  given  out 
and  asserted  that  if  such  moneys  were  so  deposited,  he  would  draw 
no  warrant  in  favor  of  any  bond  holder  which  would  enable  such 
bond  holder  to  obtain  the  money  so  deposited;  that  if  such  moneys 


Mav  17.  19261  city  of  Indianapolis,  ind.  127 


were  so  deposited,  it  would  hinder  and  delay  plaintiff  and  all  other 
bond  holders  in  the  collection  of  their  bonds  and  would  necessitate  a 
multiplicity  of  suits  by  said  bond  holders  to  obtain  the  money  to 
which  they  were  entitled,  and  would  result  in  the  condition  that  the 
bonds  held  by  the  plaintiff  and  others  would  depreciate  in  value  to  a 
large  extent  and  the  marketable  quality  of  such  bonds  would  be 
greatly  and  needlessly  impaired. 

Agreeably  with  our  view  that  this  was  a  friendly  suit,  we  main- 
tain without  any  hint  of  bad  faith  in  reference  to  any  of  the  parties 
to  the  same,  that  the  matter  patently  was  not  fully  presented  to  the 
Court  at  that  time  and  that  had  the  Court  fully  understood  the  im- 
port of  the  matter  and  the  deplorable  implications  resulting  there- 
from, it  would  never  have  rendered  the  injunction,  at  least  in  its 
present  manner  and  form.  Although  technically  the  Barrett  law 
funds  were  held  not  to  be  public  funds,  yet  it  would  not  have  hurt 
anyone  had  they  at  that  time  been  deposited  in  the  public  depository 
and  thereafter;  the  bondholders  would  have  known  that  their  trust 
funds  were  kept  safely;  the  City  would  have  drawn  interest  thereon 
for  all  these  years  for  the  payment  of  the  bond  holders.  Had  the 
money  been  deposited  then  and  thereafter  in  the  depository  Mr. 
Bruenig  and  his  successors  would  not  have  had  the  least  trouble  in 
withdrawing  the  same  on  their  warrants.  This  is  especially  true 
since  the  trust  fund  whether  it  went  into  a  public  depository  or  not, 
could  be  followed  by  the  cestui  que  trustents  wherever  it  might  go 
in  or  out  of  the  City's  hands.  The  trust  funds  are  far  safer  in  the 
public  depository  than  in  the  pockets  of  the  individual  who  happens 
to  be  City  Treasurer.  The  specific  answer  of  the  defendants  in  the 
case,  admitting  all  the  allegations  of  the  complaint,  add  to  the 
impression  that  it  was  merely  an  agreed  case  and  not  fully  argued; 
it  also  asks  the  Court  to  decide  once  for  all  a  question  which  would 
undoubtedly  be  altered  by  enactment  of  statutes.  The  final  injunc- 
tion, so  broad  in  its  scope,  binding  all  the  successors  of  Robison, 
without  qualification  or  condition,  shows  that  the  Court  was  not 
fully  informed  of  all  the  implications  of  his  decision  as  he  would 
have  been,  had  the  matter  been  a  genuine  adversary  proceeding.  It 
does  not  appear  to  us  that  in  a  matter  pertaining  to  the  mere  rights 
of  the  Barber  Asphalt  Paving  Company  as  to  bonds  held  in  1908, 
against  an  individual  who  temporarily  held  the  office  of  City  Treasur- 
er, that  an  injunction  should  have  been  granted  purporting  to  bind  the 
City  and  its  officers  for  all  future  time.  We  feel  that  if  the  matter 
had  been  fully  presented  to  the  Court  no  such  blanket  injunction 
would  have  been  granted,  and  in  saying  this  we  mean  not  the  slight- 
est disrespect  either  to  the  Court  or  to  the  counsel  or  parties  individ- 
ually. 

It  has  been  urged  by  lawyers  of  ability  that  the  Federal  injunc- 
tion has  only  force  insofar  as  the  pleadings  in  the  cause  and  the 
issues  involved  permit;  that  this  case  was  only  the  individual  case 
of  the  Barber  Asphalt  Paving  Company  and  Robison  and  the  City 
when  Robison  was  Treasurer;  that  the  same  is  no  longer  binding. 
However,  the  decree  being  so  broad  and  all  inclusive,  one  could  not 
blame  the  City  or  its  officers  from  refusing  to  violate  in  any  way  even 
its  purported  meaning.  The  City  years  ago  should  have  moved  to 
modify  or  to  set  aside  the  same  and  this  office  is  preparing  now  to  do 
so.  However,  as  I  shall  show,  the  Federal  injunction  did  not  and 
does  not  interfere  with  the  right  of  the  City  to  the  interest  on  pre- 


128  city  of  Indianapolis,  ind.  [Regular  Meeting 


payments  on  the  Barrett  Law  funds,  if  any  such  interest  has  been 
earned. 

Reverting"  to  the  1915  Act  again,  it  is  alleged  that  by  reason  of 
the  Federal  injunction,  such  Act  is  inoperative.  We  do  not  agree  with 
this  contention.  This  proposition  was  stated  by  Mr.  Lawrence  Orr, 
the  capable  and  excellent  head  of  the  State  Board  of  Accounts,  in  the 
following  language  in  a  recent  public  statement  on  the  22nd  day  of 
April  last: 

"Reinvestments  have  not  been  made  of  such  prepayments  with 
the  view  that  the  money  cannot  be  withdrawn  from  the  treasury  for 
such  purpose,  as  to  so  withdraw  it  the  Controller  would  need  to  issue 
a  warrant  upon  the  depository,  and  the  funds  are  not  carried  in  the 
depository  since  the  Federal  injunction  forbids." 

But  why  such  delicacy  on  the  part  of  the  Controller?  We  ask, 
without  in  the  least  attempting  to  pick  a  quarrel  with  Mr.  Orr.  If 
not  given  a  fork  at  the  table,  some  of  us  can  get  along  very  well 
with  only  a  knife.  Indeed,  the  City  Controllers  ever  since  the  Federal 
decree  have  had  no  trouble  in  issuing  their  warrants  for  millions  of 
dollars  throughout  all  these  years  up  to  the  present  time,  in  favor  of 
contractors  and  bond  holders,  on  these  same  Barrett  law  funds, 
although  they  were  not  in  the  public  depository.  Why  has  not  the 
same  favor  been  shown  the  City?  Besides,  how  did  the  money  get 
out  of  the  Treasurer's  hands  on  Barrett  law  funds  before  the  passage 
of  the  depository  law  in  1907?  They  got  out,  because  they  are  not 
here  now.  If  the  depository  Act  does  not  apply  to  Barrett  law  funds, 
then  the  general  law  as  it  was  before  1907  and  as  it  is  now,  governs. 
There  has  always  been  sufficient  power  in  the  Controller  to  make 
order  against  these  trust  funds  in  the  hands  of  the  City  Treasurer: 

"He  (the  Controller)  shall  sign  and  issue  all  orders  for  money 
upon  the  City  Treasurer,  and  no  money  shall  be  paid  out  by  the 
Treasurer  except  upon  such  order."     - 

BURNS'  1926,  SEC.  10311    (3d) 

"He  shall  notify  the  Mayor  in  case  of  any  neglect  or  failure  on 
the  part  of  any  officer  or  officers  authorized  to  collect  any  moneys 
for  or  on  account  of  the  City,  in  the  performance  of  such  duty  or  in 
depositing  their  collections  in  the  Treasury;  and  thereupon,  the 
Mayor  shall  suspend  such  officer  or  officers,  and  proceed  against 
them  for  an  action  upon  their  official  bond,  or  otherwise,  as  he  may 
deem  best." 

BURNS'  1926,  SEC.  10311   (11th) 

"The  Treasurer  of  every  county,  in  the  Sate  (the  ex-officio  city 
Treasurer)  shall  keep  an  account  of  all  moneys  received  by  him  for 
each  city  in  such  county  for  taxes,  current  or  delinquent,  assess- 
ments, license  fees,  and  from  all  other  sources  whatever;  and  on 
the  first  day  of  each  month  he  shall  receipt  to  the  Controller  of  such 
city,  in  cities  in  which  such  office  of  Controller  has  been  created, 
and  to  the  City  Clerk  of  other  cities,  for  the  amount  collected  by 
him  as  aforesaid,  for  the  preceding  month,  itemizing  the  moneys  by 
him  so  collected,  which  amounts  so  receipted  for  shall  at  once  be 
available  for  such  city's  use.    .     .     .     and  in  cities  of  the  first     .  .     . 


Mav  17.  19261  city  of  Indianapolis,  ind.  129 


classes  which  are  county  seats  (such  as  Indianapolis)  he  shall  pay 
such  amounts  on  the  warrants  drawn  on  the  City  Treasurer  by  the 
City  Controller  of  each  of  such  cities  respectively,  and  as  otherwise 
provided  in  this  Act.  Whenever  any  County  Treasurer  .  .  .  shall 
fail  to  discharge  faithfully,  fully  and  promptly  any  duty  imposed 
upon  him  by  this  Act,  or  by  any  other  law  relating  to  his  duties  in 
connection  with  cities  or  towns,  he  shall  be  liable  to  impeachment 
and  removal  from  office,  and  to  damages  from  such  failure,  for 
which  damages  his  bondsmen  also  shall  be  liable — the  bondsmen  of 
any  such  officers  may  be  made  co-defendants  of  the  action  in  case 
such  city  or  town  seeks  to  recover  damages." 

BURNS'   1926,   SEC.   10971 

"The  City  Treasurer  shall  receive  all  moneys,  notes,  bonds  and 
orders  belonging  to  the  City,  and  keep  an  accurate  account  of  such 
moneys,  notes,  bonds  and  orders,  and  of  the  amounts  received  and 
paid  out  by  him ;  and  no  money  shall  be  paid  out  of  the  city  treasury 
by  him  except  upon  a  warrant  duly  drawn  thereon." 

BURNS'  1926,  SEC.  10972 

"All  moneys  due  to  or  to  be  collected  for  any  city,  on  any  account 
whatever,  shall  be  paid  to  the  City  Treasurer,  who  shall,  for  every 
sum  received  by  him,  issue  a  receipt  to  the  person  paying  the  same; 
which  receipt,  except  for  taxes  charged  on  the  duplicate,  such  per- 
son shall  file  with  the  city  controller,  save  in  cities  of  the  fifth  class, 
in  which  case,  such  receipt  shall  be  filed  with  the  city  clerk,  and 
thereupon  such  controller  or  clerk  shall  issue  a  quietus  to  such  per- 
son, and  charge  the  Treasurer  with  the  amount  therein  specified,  and 
upon  what  account.  The  Treasurer  shall  receive  city  orders  that  are 
due  in  payment  of  any  debt,  tax  or  assessment  due  such  city;  and 
when  an  order  is  received  by  him  for  any  debt,  tax  or  assessment 
due  such  city,  or  otherwise  paid  or  redeemed,  he  shall  cancel  the 
word  'redeemed'  and  the  date  of  redemption;  and  such  order  shall 
not  again  be  put  in  circulation.  The  treasurer  shall  also,  in  like 
manner,  cancel  all  bonds  or  other  evidence  of  indebtedness  redeemed 
or  liquidated  by  him.  He  shall  register  all  orders  by  him  so  redeemed 
in  a  book  to  be  furnished  him  for  that  purpose,  in  the  same  manner 
as  the  city  clerk  or  controller  is  required  to  register  such  orders.  He 
shall  also  register  all  receipts  given  by  him  as  required  in  this  Act, 
except  receipts  for  taxes  charged  on  the  tax  duplicate." 

BURNS'   1926,   SEC.   10973 

"The  City  Treasurer  shall  pay  all  orders  issued  by  the  City  of 
which  he  is  such  Treasurer,  when  presented  properly  endorsed,  if 
there  be  money  in  the  Treasury  appropriated  for  that  purpose  suffi- 
cient to  pay  the  same." 

"The  City  Treasurer  of  every  city  shall,  on  the  first  day  of  each 
month,  furnish  the  city  controller,  in  cities  of  the  first,  second,  third 
and  fourth  classes,  and  the  City  Clerk,  in  cities  of  the  fifth  class,  a 
statement  of  all  the  receipts  and  disbursements  made  by  him  during 
the  previous  month,  and  the  balance  in  the  treasury  belonging  to 
each  fund,  general  and  special,  and  also  deliver  to  him  all  the  orders 


130  city  of  Indianapolis,  ind.  [Regular  Meeting 


redeemed  and  cancelled  by  him  during  the  same  period;  taking  the 
Controller's  or  Clerk's  receipt  therefor;  which  statement,  with  the 
orders  redeemed,  the  controller  or  clerk,  as  the  case  may  be,  shall 
lay  before  the  Common  Council  at  its  next  meeting,  to  be  disposed 
of  as  the  Council  may  direct.  The  City  Treasurer  shall  also,  at  least 
fifteen  days  before  the  general  city  election,  and  at  all  other  times 
when  so  required  by  the  Common  Council,  render  a  full  account  of 
the  receipts  and  expenditures  for  the  current  year,  and  the  general 
condition  of  the  treasury.  He  shall  also,  at  his  own  peril,  keep  safe 
the  moneys  of  the  city." 

BURNS'  1926,  SEC.  10975 

These  sections  of  the  statute  above  quoted  wore  all  in  force  in 
1905,  before  the  enactment  of  the  depository  law"  and  have  been  at 
all  times  since  in  force.  All  of  the  various  provisions  for  the  payment 
or  handling  of  Barrett  law  funds  under  these  statutes  have  been 
operative  at  all  times  except  where  the  city's  rights  seem  to  inter- 
vene. There  is  no  reason  why  the  Barrett  law  prepayments  have  not 
been  turned  over  for  re-investment  by  the  Controller.  The  mere  fact 
that  the  depository  law,  which  has  no  application  to  the  Barrett  law 
funds  except  as  the  hereinafter  discussed  1921  Fees  and  Salaries 
Act  may  govern  and  except  as  the  City  Treasurer  might  voluntarily 
use  the  depository,  states  that  for  public  funds  in  the  depository, 
there  must  be  a  warrant  by  the  Controller  therefor  stamped  with  the 
name  of  the  depository  thereon,  does  not  prevent  the  honoring  by  the 
City  Treasurer  of  a  warrant  upon  Barrett  Law  funds,  which  are  not 
public  funds  and  are  not  deposited  in  the  public  depository.  The 
Section  of  the  depository  law,  Burns'  1926,  Sec.  12634,  has  no  bear- 
ing upon  the  matter  at  all  as  to  how  these  particular  funds  shall  be 
withdrawn.  The  withdrawal  of  these  funds  is  clearly  governed  by 
the  law  of  1905  and  general  law  relating  to  funds  not  contemplated 
by  the  depository  Act. 

This  seems  so  obvious  to  me  that  apparently  further  leglislation 
is  unnecessary  to  get  the  Barrett  law  funds  from  the  hands  of  the 
City  Treasurer  for  the  payment  of  the  new  bonds  purchased  by  the 
Controller  under  the  Act  of  1915.  Has  the  law  come  to  such  a  pass 
that  the  city  as  trustee,  cannot  have  its  own  money?  To  argue  would 
make  a  laughing-stock  of  the  law.  But  in  order  to  obviate  any  excuse 
or  further  delay  in  the  matter  we  suggest  to  you  the  immediate 
passage  of  the  ordinance  which  I  have  drawn  and  append  hereto, 
under  suspension  of  rules.  The  City  Council  has  more  power  in  these 
matters  than  is  generally  thought.  Under  Burns'  1926,  Sec.  10949, 
it  is  made  the  duty  of  the  City  Treasurer  to  "perform  all  the  duties 
which  by  law  or  the  ordinances  of  such  city  are  required  to  be  per- 
formed by  the  Treasurer  thereof,  except  as  herein  otherwise  provid- 
ed," and  there  is  no  provision  in  the  law  opposing  what  I  am  now  to 
suggest.  The  following  is  the  state  law  which  I  now  ask  you  for 
these  purposes  to  invoke : 

"And  wherever  there  is  a  grant  of  authority  or  power  conferred 
by  this  Act,  and  no  method  is  provided  by  this  Act  or  by  any  other 
general  law,  as  herein  referred  to,  for  the  exercise  of  such  authority 
or  power,  the  common  council  of  any  city  or  the  Board  of  Trustees 
of  any  town,  may,  by  ordinance,  provide  such  method." 

Burns'  1926,  Sec.  11184,  Acts  1905,  page  383. 


Mav  17.  19261  city  of  Indianapolis,  ind.  131 


Presuming  therefore,  for  the  sake  of  argument  only,  that  there 
is  no  method  provided  by  the  1915  Act  by  which  the  Barrett  law 
prepayment  funds  may  be  ordered  by  the  Controller  from  the  City 
Treasurer  to  pay  for  the  new  bonds  contemplated  in  such  Act,  yet 
the  General  Assembly  has  put  it  in  the  power  of  the  City  Council 
to  provide  such  method.  Undoubtedly  there  is  a  grant  of  authority 
or  power  conferred  by  the  law  upon  the  Controller  to  invest  these 
funds  in  new  bonds.  You  therefore  may  by  passage  of  this  ord- 
inance provide  immediate  relief  by  specifically  stating  therein  the 
method  by  which  the  Controller  may  realize  his  authority  and  power. 

It  will  be  noted  that  in  the  above  set  out  Section   10971   of 

Burns'  1926,  that  the  Treasurer  shall  each  month  receipt  to  the 
Controller  for  Barrett  law  funds  and  the  same  shall  then  at  once  be 
available  for  such  City's  use.  Construing  this  literally,  the  Treas- 
urer under  his  present  practice  would  be  able  to  get  the  interest  on 
Barrett  law  funds  for  such  time  as  might  intervene  between  his 
obtaining  of  the  same  and  his  receipt  of  the  same  to  the  Controller; 
a  considerable  sum.  We  think,  however,  that  the  Act  of  1915  super- 
sedes this  section  in  this  respect;  that  it  contemplates  the  immediate 
investment  of  Barrett  law  prepayments  in  bonds  because  the  very 
purpose  of  the  bond  investment  is  to  cause  the  interest  on  the  new 
bonds  to  approximate  or  equal  the  interest  on  the  old  bonds.  The 
Controller  has  the  right  to  know  immediately  of  any  prepayments 
and  as  to  all  the  accounts  of  the  Treasurer;  he  should  therefore 
under  the  law  not  wait  for  30  days  to  elapse  but  should  invest  pre- 
payments at  once  in  bonds: 

The  case  of  City  of  Indianapolis  vs.  Bruce  Robison,  186  Ind. 
660,  can  be  dismissed  without  much  consideration.  It  did  not  hold 
the  1915  law  invalid;  it  merely  decided  that  the  application  of  it  to 
bonds  executed  before  the  1915  law  went  into  effect  could  not  be 
maintained,  on  the  ground  of  impairment  of  contract.  That  would  be 
true  as  to  any  law.  Such  case  did,  however,  state  that  the  Barrett 
law  funds  invested  as  provided  in  the  1915  Act  are  a  trust  fund  in 
the  hands  of  the  city. 

The  case  of  State  of  Indiana,  ex  rel  City  of  Indianapolis  vs. 
Carl  Von  Hake  and  his  bondsmen,  No.  A-7668,  Room  3  of  the  Marion 
Superior  Court,  also  has  little  significance  here.  On  the  ground  of 
res  judicata  however,  the  city  or  state  cannot  proceed  further  against 
Von  Hake  and  his  bondsmen.  In  that  case  the  plaintiff  tried  to 
maintain  that  the  Barrett  law  funds  should  have  been  placed  in  the 
public  depository  and  that  Von  Hake  earned  large  sums  of  money  in 
the  way  of  interest  thereon  by  private  investment.  The  contention 
of  the  defendants  according  to  their  briefs,  which  I  have  read,  was 
that  these  sums  were  not  public  funds  and  had  no  place  in  the  public 
depository;  that  under  the  law  the  gelation  of  debtor  and  creditor 
applied  and  that  Von  Hake  was  entitled  to  the  interest.  This  theory 
was  adopted  in  some  particulars  by  the  learned  Court  and  judgment 
was  rendered  for  the  defendants.  It  would  seem  that  irrespective  of 
the  question  as  to  whether  or  not  these  funds  were  public  funds,  the 
matter  was  still  open  as  to  whether  or  not  Von  Hake  was  entitled  to 
the  interest.  The  plaintiff  to  my  view  should  have  appealed  this  case 
lor  a  decision  of  the  higher  court  but  instead  it  waived  the  right  to 
appeal  and  also  dismissed  a  similar  case  against  the  former  City 
Ireasurer  Sourbier.    This  decision  declared  the  law  wholly  in  refer- 


132  city  of  Indianapolis,  ind.  [Regular  Meeting 


ence  to  Von  Hake  and  his  bondsmen  but  as  to  no  one  else.  In  the 
same,  fij'om  the  pleadings  and  the  briefs  I  can  find  no  contention 
made  by  the  plaintiffs  of  treasurer's  liability  on  the  theory  of  the 
trust  fund  doctrine  upon  which  the  views  expressed  herein  are 
largely  based.  In  fact  when  I  mentioned  this  theory  to  one  of  the 
able  attorneys  at  law  of  the  defendants  in  that  case,  he  informed  me 
that  this  trust  fund  doctrine  was  never  raised  and  believed  that  if  it 
had  been,  the  decision  of  the  Court  might  have  been  altogether 
different.  I  do  not  wish  to  be  put  in  the  attitude  however,  of  criti- 
cising the  plaintiff's  attorneys  nor  anyone  in  that  case;  the  matters 
are  extremely  complicated  and  often  leading  theories  may  be  over- 
looked. 

There  is  no  merit  in  the  contention  that  the  Treasurer  is  liable 
to  the  city  for  the  interest  merely  because  there  was  no  investment 
in  new  bonds  under  the  1915  Act.  The  Treasurer  had  no  duty  to 
perform  here  except  as  follows:  the  duty  was  on  the  Controller  to 
buy  the  new  bonds  and  to  send  his  order  to  the  /Treasurer  for  their* 
payment.  Until  the  Controller  invested  in  the  new  bonds  and  sent 
such  warrant  or  order  there  was  no  duty  on  the  part  of  the  Treas- 
urer. He  could  not  be  held  as  a  constructive  trustee,  a  trustee  ex- 
malefacio  or  as  any  other  kind  of  trustee  until  the  Controller  had 
bought  the  bonds  and  the  Treasurer  had  refused  payment  thereon. 
This  to  my  information  was  never  done.  The  special  fund  of  the  Act 
of  1915  was  merely  making  a  special  fund  of  a  special  fund,  with 
the  sole  change  from  the  latter  of  the  manner  of  its  investment.  The 
second  special  fund  contemplated,  never  became  a  fund  "to  be  held 
in  trust  by  the  Treasurer  in  the  form  hereinafter  prescribed,"  until 
the  bonds  were  bought,  paid  for  and  placed  in  the  hands  of  the  Treas- 
urer for  holding,  collection  and  satisfaction  of  the  other  bonds.  None 
of  this  to  my  information  was  ever  done.  Unless  it  could  be  proven 
that  the  Controllers  and  Treasurers  were  in  a  conspiracy  to  prevent 
the  investment  under  this  Act,  I  do  not  see  how  the  Treasurer  could 
be  held  for  the  interest  solely  because  of  a  special  fund  never  cre- 
ated, through  the  fault  of  the  Controller.  To  hold  the  Treasurer 
responsible  in  any  way,  it  must  be  shown  that  the  trust  fund  in  his 
hands  first  earned  interest  and  then  that  the  old  relation  of  debtor 
and  creditor  between  the  City  and  the  Treasurer  does  not  apply  to 
the  Barrett  law  trust  funds. 

Although,  your  inquiry  was  only  as  to  interest  on  prepayments, 
let  me  further  suggest  that  there  is  probably  other  interest  which  the 
City  Treasurer  has  taken  for  years  which  is  not  ordinarly  considered. 
I  refer  to  the  interest  on  sums  ranging  from  $500,000.00  to 
$1,000,000.00  a  year  which  are  paid  in  by  persons  assessed  for 
public  improvements,  in  cash  and  in  advance  and  in  full,  without  the 
taking  of  the  Barrett  law.  These  sums  are  use  to  partially  pay  for 
the  improvement  and  generally  are  in  the  hands  of  the  Treasurer 
for  at  least  30  days  without  interest  given  to  the  public.  If  the  Treas- 
urer according  to  rumor,  invests  these  sums  privately  as  it  is  alleged 
that  he  does  in  regard  to  the  said  prepayments,  he  would  obtain  on 
these  funds  interest  in  a  sum  ranging  from  $4,000.00  to  $10,000.00 
per  year. 

Contrary  to  popular  impression  the  law  in  this  state  up  until 
1907  when  the  depository  Act  was  passed,  declared  that  the  interest 
on  all  public  funds  both  state  and  municipal,  belonged  to  the  Treas- 
urer.   Although  contrary  to  the  great  weight  of  authority  throughou- 


May  17.  19261  city  of  Indianapolis,  ind.  133 


the  Union,  our  Supreme  Court  decisions  took  this  father  peculiar 
shoot,  holding  that  public  funds  were  held  by  the  Treasurer  not  as 
a  Trustee  or  bailee  for  the  City  or  State  but  were  held  in  the  debtor 
and  creditor  relation  only,  the  City  or  State  being  the  creditor  and 
the  Treasurer  being  the  debtor.  As  a  plain  inference  from  this  rela- 
tion, the  Indiana  Courts  held  that  this  relation  gave  the  Treasurer 
legal  title  to  such  funds.  They  reason  in  this  wise,  because  under  the 
law  the  Treasurer  is  an  insurer  of  public  funds  with  no  relief  from 
act  of  God,  death,  fire,  earthquake,  theft,  or  any  casualty;  he  must 
bold  the  funds  at  his  peril.  The  Court  argued  that  this  insurance 
precluded  the  Treasurer  from  being  a  Trustee  or  a  Bailee  because  a 
Trustee  or  Bailee  under  the  law  is  not  an  insurer  or  responsible  for 
act  of  God,  or  any  such  casualties;  that  the  relation  of  debtor  to  the 
City  or  State  was  the  only  one  which  would  fit  the  situation  for  the 
reason  that  only  as  a  debtor  could  the  Treasurer  be  held  responsible 
In  spite  of  any  such  casualties.  A  debtor  must  pay  and  his  obligation, 
which  never  ceases  no  matter  what  disasters  might  confront  him.  A 
debtor  concededly  under  general  law  holds  legal  title  to  the  amount 
loaned  him;  if  the  Treasurer  held  legal  title,  the  Supreme  Court  argu- 
ed the  funds  were  his  and  he  was  credited  to  the  interest.  Concededly 
under  general  law  a  Trustee  or  Bailee  if  they  put  the  funds  to  inter- 
est must  account  to  the  Cestui  Que  Trust  or  to  the  bailor  for  such 
interest,  it  being  only  the  natural  increment  and  belonging  to  the 
funds.  For  all  these  years,  therefore,  our  Supreme  Court  has  held 
that  the  relation  of  City  and  Treasurer  was  that  of  debtor  and  credi- 
tor and  that  the  Treasurer  was  therefore  entitled  to  any  interest  or 
emolument  that  he  might  obtain  thereby. 

In  the  leading  case  of  Shelton  vs.  The  State  ex  rel,  53  Ind.  331, 
the  Treasurer  of  Morgan  County  was  asked  to  account  for  the  inter- 
est on  public  funds  which  he  had  invested  privately  to  his  own 
profit.  The  Court  discussed  the  Indiana  rule  as  we  have  above  out- 
lined and  held  the  County  Treasurer  not  liable  to  the  county  for  the 
interest  and  stated  as  the  correct  rule: 

"That  when  the  officer  has  complied  with  the  terms  of  his  official 
bond,  by  keeping  the  money  safely  during  the  term  of  his  office,  by 
paying  it  out  when  legally  required  during  his  term,  or  accounting 
for  and  paying  the  same  over  to  the  proper  person  or  authority  at 
the  expiration  of  his  term,  he  has  done  all  that  the  law  and  the  terms 
of  his  bond  require  of  him.  He  is  not,  like  a  Trustee  or  an  agent  the 
mere  bailee  or  custodian  of  the  money  in  his  hands.  The  money 
which  he  receives  becomes  his  own  money  and  when  he  has  accounted 
as  required  by  law  and  by  the  terms  of  his  bond,  nothing  further  can 
be  required  of  him.  If  the  Legislature  has  provided,  or  shall  provide, 
that  money,  in  such  case,  shall  remain  specifically  the  money  of  the 
county,  a  different  rule  would  prevail.  No  such  regulation  is  found 
applicable  to  the  money  from  which  the  profits  were  derived,  that  are 
in  question  in  this  case." 

This  case  has  never  been  overruled  but  is  supported  by  a  great 
number  of  other  authorities,  excerpts  of  which  we  here  now  insert: 

"The  facts  found  by  the  court  show  that  Thomas  became  a  de- 
faulter in  his  prior  term  of  office — not  because  he  invested  money 
received  from  public  sources  in  his  private  business,  for  that  he  had 
i,  right  to  do,  so  long  as  he  kept  himself  ready  to  pay  out  according 
to  all  sums  Required  for  public  uses." 


134  city  of  Indianapolis,  ind.  [Regular  Meeting 


Goodwine  et  al  vs.  The  State  ex  rel.,  Fleming,  81  Ind.,  109. 

"He  was  bound,  as  a  public  officer,  to  keep  the  funds  in  his  hands 
safely.  He  was  an  insurer  of  the  safety  of  the  funds,  and  he  was 
bound  to  account  for  the  money  lost  by  him,  although  lost  without 
his  faut.  The  amount  of  money  he  received  measured  his  liability. 
Rock  v.  Stinger,  36  Ind.,  346;  Inglis  v.  State,  ex  rel.,  61,  Ind.,  212; 
Linville  vs.  Leininger,  Tr.,  72  Ind.  491;  Bocard  v.  State,  ex  rel.,  79 
Ind.  270,  ***  'He  was  not  a  mere  bailee  of  the  money;  but  he  be- 
came bound  by  his  bond  to  the  township  for  it,  whatever  casualty 
might  have  happened  to  him,  whereby  he  lost  it." 

McClelland,  Trustee,  v.  The  State,  ex  rel.  Speer,  138  Ind.  321. 

"  And  if  the  Trustee  has  invested  the  trust  property,  or  its  pro- 
ceeds, in  any  other  property  into  which  it  can  be  distinctly  traced, 
the  cestui  que  trust  has  his  election  either  to  follow  the  same  into 
the  new  investment,  or  to  hold  the  trustee  personally  liable  for  the 
breach  of  the  tryst.  And  where  a  part  of  the  funds  of  the  cestui 
que  trust  have  been  mixed  up  with  other  funds  exclusively  belonging 
to  the  trustee  in  the  new  purchase  or  investment,  'there  may  be 
ground  to  hold  the  trust  funds  in  charge  pro.  tanto  therein. 

"But  the  doctrine  so  announced  as  applicable  to  ordinary  trus- 
tees, including  agents,  bailees  and  the  like,  is  not  applicable  to  public 
officers  who  give  bond  to  secure  a  just  and  full  accounting  for  the 
moneys  which  come  into  their  management  and  control.     *** 

"It  is  well  established  that  a  public  officer  who  is  required  to 
give  bond  for  the  proper  payment  of  moneys  that  may  come  into  his 
hands  as  such  officer,  is  not  a  mere  bailee  of  the  money,  exornerated 
by  the  exercise  of  ordinary  care  and  diligence;  but  that  his  liability 
is  fixed  by  his  bond,  and  that  the  fact  that  the  money  was  stolen  from 
him,  without  his  fault,  does  not  release  him  from  his  obligation  to 
make  such  payment." 

"In  Morbach  v.  The  State,  ex  rel.,  28  Ind.  86,  this  case  was  ap- 
proved and  the  doctrine  applied  to  the  case  of  a  township  trustee; 
and  in  Rock  v.  Stinger,  36  Ind.  346,  the  same  judge,  speaking  for  the 
court,  after  reaffirming  the  doctrine  and  its  applicability  to  a  town- 
ship trustee,  says:  "Under  these  circumstances,  as  the  trustee  is  not 
a  mere  bailee,  it  would  seem  that  the  legal  technical  title  to  the 
money  in  his  hands  is  in  himself.  Suppose  a  township  trustee  should 
die  with  moneys  received  by  him  as  such,  in  his  hands;  can  it  be 
claimed  that  the  money,  even  if  the  specific  bills  or  coin  received  by 
him  officially  could  be  identified,  would  go  to  his  successor  and  not 
his  administrator?  We  think  it  quite  clear,  in  the  case  supposed, 
that  the  money  would  go  to  the  administrator,  because  simply  the 
title  was  in  the  trustee.  This  view  is  fully  sustained  by  authority. 
In  the  case  of  Inhabitants  of  Colerain  v.  Bell,  9  Met.  499,  it  was 
held  that  'the  specific  money  received  by  a  collector,  in  the  collec- 
tion of  taxes,  is  his  money,  and  not  that  of  the  town.'  " 

"But,  say  counsel  for  the  appellee,  in  substance,  this  officer 
was  a  trustee,  so  named  in  the  law,  and  the  duties  of  a  trustee  are 
imposed  on  him,  and,  consequently,  the  law  of  trusteeship  must  ap- 
ply to  his  transactions.  There  is  no  question  that  in  the  general 
management  of  his  office,  and  in  the  discharge  of  its  duties,  he  is 


May  17,  19261  city  of  Indianapolis,  ind.  135 


responsible  as  such,  and  may  well  be  called  a  trustee;  but,  in  refer- 
ence to  the  public  money  which  comes  into  his  hands,  it  is  not  so. 
That  at  the  moment  of  receipt,  becomes  his  own.  The  amount  he 
receives  measures  the  amount  for  which  he  is  liable  on  his  bond, 
and  the  amount  which  he  can  officially  expend;  and  he  must  manage 
his  trust  with  reference  thereto,  holding  himself  ready  to  apply  that 
sum,  if  necessary,  to  the  public  uses  under  his  supervision,  according 
to  law,  but  with  reference  to  any  particular  or  specific  money,  no 
matter  whence  received,  he  owes  the  public  no  duty,  and  the  public 
can  make  no  demand  therefor. 

"This  conclusion  necessarily  results  from  the  doctrine  enunciat- 
ed in  the  cases  referred  to  supra,  and  the  extraordinary  liability  im- 
posed o:i  public  officials  and  their  bondsmen,  beyond  any  which  is 
enforced  against  an  ordinary  trustee,  or  private  agent,  can  be  main- 
tained consistently  on  no  other  theory." 

"It  being  conceded  that  the  public  officer,  under  bonds  to  ac- 
count therefore,  is  not  a  bailee  or  trustee,  but  the  owner  of  the 
moneys  which  come  into  his  hands  by  virtue  of  his  office,  there  is  no 
room  for  an  application  of  the  equitable  principle  which  the  appellee 
endeavored  to  invoke,  for  that  principle  applies  only  in  case  of  trusts 
and  to  the  subject  matter  of  the  trust.  Repeating  the  expression 
used  in  Halbert  v.  The  State,  supra,  the  "liability"  of  an  officer  who 
is  required  to  give  bond  "is  fixed  by  his  bond,"  and  in  case  of  de- 
fault resort  must  be  had  to  that  bond,  if  the  individual  responsibility 
of  the  officer  is  not  adequate.  There  is  no  principle  of  equity  or  rule 
of  law  or  statute  by  which  the  preference  asked  for  can  be  allowed. 

Linville  vs.  Leininger,  72  Ind.  491. 

Such  was  the  law  before  the  enactment  in  1907  of  the  depos- 
itory Act  but  none  of  these  decisions  insofar  as  we  have  been  able 
to  discover,  held  that  as  to  a  special  fund  held  in  trust  for  the  city 
as  for  bond  holders  or  others,  the  rule  of  debtor  and  creditor  ap- 
plied. The  remarks  of  the  court  in  the  last  above  cited  decision  as 
to  specific  money,  if  at  all  applicable  to  the  Barrett  law  situation, 
would  be  mere  obiter  dicta  and  not  authorized  by  the  facts  of  the 
case.  The  concluding  sentence  of  the  above  excerpt  in  the  Shelton 
case  which  we  again  quote,  seems  to  point  the  way  here: — 

"If  the  Legislature  has  provided,  or  shall  provide,  that  money, 
in  such  case,  shall  remain  specifically  the  money  of  the  county  (or 
city)  a  different  rule  would  prevail." 

As  to  Barrett  law  money  the  Legislature  has  provided  that  such 
money  shall  remain  specifically  the  money  of  the  city  and  conse- 
quently a  different  rule  in  our  opinion  does  prevail.  Under  law 
money  in  the  hands  of  a  trustee  remains  his  money;  he  holds  legal 
title  to  it.  Here,  the  city  is  such  manner  of  trustee.  Since  1905 
and  at  all  times  for  that  matter,  the  Barrett  law  funds  are  specific 
and  special  funds,  in  fact  they  are  trust  funds  with  the  city  as  the 
trustee  thereof  for  the  bond  holders. 

"The  funds  thus  raised  shall  be  a  specific  fund,  to  be  held  and 
used  for  the  special  purpose  herein  described,  and  for  no  other 
purpose  whatever." 


U6  ctty  of  Indianapolis,  inf.  [Regular  Meeting 


Acts  1905,  Page  236,  Sec.  108  p.  Burns'  1926,  Sec.  10442. 

"It  shall  be  the  duty  of  the  Treasurer  to  promptly  and  properly 
apply  all  money  paid  in  on  such  installments  to  the  holders  of  the 
bonds  and  coupons  and  he  shall  not  use  the  money  received  by  him 
in  payment  of  such  installments  for  any  other  purpose  whatever 
than  that  of  paying  the  bonds  and  coupons,  and  he  shall  promptly 
ascertain  the  amount  paid  in  on  such  installments  and,  without  de- 
lay, pay  the  same  to  the  bond  and  coupon  holders  entitled  thereto." 

Acts  1905,  Page  236,  Sec.  115;  Burns'  1926,  Sec.  10454. 

In  the  case  of  City  of  Indianapolis  vs.  Robinson,  186  Ind.  660, 
117  N.  E.  861,  it  was  held  that  the  special  fund  under  the  1915  Act 
of  the  Barrett  law  prepayments  was  a  trust  fund  therein  the  city 
was  the  trustee  for  the  bond  holders.  There  is  no  distinction  be- 
tween the  1915  Act  and  former  Barrett  law  Acts  in  respect  to  the 
funds  except  the  manner  in  which  it  is  to  be  invested. 

This  being  such  a  trust  fund,  would  the  interest,  if  any  earned, 
be  the  property  of  the  city  or  the  property  of  its  Treasurer?  Does 
the  Treasurer  in  keeping  trust  funds,  for  the  city,  maintain  as  to  it 
the  old  relationship  of  debtor  and  creditor?  As  to  this  fund  does 
the  Treasurer  hojd  the  legal  title  and  may  he  invest  it  in  his  private 
business  or  put  it  privately  out  at  interest  for  himself  as  was  his 
privilege  in  regard  to  public  funds  before  the  enactment  of  the  de- 
pository law?  In  my  opinion  the  law  of  trustee  prevails  and  com- 
pels the  answers  to  each  of  the  last  two  questions  to  be  in  the  nega- 
tive. It  is  a  matter  of  surprise  to  me  that  this  theory  has  not  enter- 
ed into  the  discussions  of  the  subject  heretofore. 

One  of  the  cardinal  rules  of  trusts  is  that  the  trust  fund,  the 
res,  the  corpus,  or  the  body  of  the  trust,  must  be  kept  intact.  It 
ceases  to  be  a  trust  when  not  kept  intact;  it  never  becomes  a  trust 
except  in  the  contemplation  that  the  fund  will  remain  intact.  If  the 
Treasurer  were  permitted  as  between  him  and  the  City  to  hold  this 
trust  fund  in  the  old  debtor  and  creditor  relation,  then  he  would  be 
permitted  as  a  matter  of  law  to  use  the  same  in  his  own  private 
business,  to  put  it  in  the  bank  of  his  own  private  choosing,  to  buy 
merchandise  with  it  or  to  do  anything  else  he  chose,  provided  at  the 
end  of  his  term  he  would  produce  its  equivalent  to  his  successor, 
but  this  would  be  in  violation  of  the  very  definition  of  a  trust;  it 
would  not  be  keeping  the  trust  fund  intact.  The  city  and  its  agent 
the  Treasurer  must  keep  this  fund  intact  because  it  is  dedicated  to 
that  very  purpose. 

"The  law  has  long  been  regarded  as  settled  that  it  is  the  duty 
of  trustees  to  collect  and  preserve  intact  the  trust  property,  and 
that  they  have  no  power  to  change  the  characer  of  the  trust  proper- 
ty, unless  it  is  of  a  perishable  or  transitory  nature,  and  then  only 
to  convert  it  into  a  a  substantian,  enduring,  and  revenue  producing 
investment,  and  if  a  change  be  deemed  necessary,  or  for  the  interest 
of  the  beneficiary,  the  permission  or  sanction  of  the  court  should 
be  obtained.  The  rule  is  necessary  for  the  preservation  of  the  fund. 
The  temptations  to  tamper  with  the  fund  by  a  trustee  are  so  power- 
ful and  so  numerous,  the  hopes  of  bettering  the  estate  so  often  prove 
delusive,  that  the  power  of  changing  the  character  of  the  fund  is 
most  safely  reposed  in  the  discretion  of  judicial  tribunals.     This  is 


May  17,  1926]  city  of  Indianapolis,  ind.  137 


the  invariable  rule  in  reference  to  converting-  money  into  real  estate 
or  real  estate  into  money.  A  trustee  ordinarily  holds  the  property 
intrusted  to  his  charge  to  collect  the  rents,  issues,  dividends,  or 
profit  thereof,  and  to  apply  them  to  some  specific  use,  and  the  legal 
presumption  is  that  he  has  no  power  to  sell  or  transfer  the  subject 
of  his  trust.  The  power  to  sell  must  be  found  in  the  instrument 
vesting  the  estate  in  the  trustee,  or  in  some  other  instrument  exe- 
cuted or  assented  to  by  the  donor  and  declaring  the  purposes  of  the 
trust.  And  in  absence  of  any  authority  given  expressly  or  by  impli- 
cation property  which  has  passed  into  the  hands  of  a  trustee  to  be 
held  by  him  for  a  limited  time  must  be  kept  by  him  and  delivered 
in  kind  to  the  beneficiaries  at  the  termination  of  the  trust,  and  a 
sale  of  the  property  without  authority  is  void  as  against  the  bene- 
ficiaries." 

26  Ruling  Case  Law,  1283,  and  cases. 

Under  the  doctrine  of  the  Treasurer  as  a  debtor,  the  interest 
he  earns  on  public  funds  is  his  but  where  he  cannot  be  the  debtor 
of  a  City  as  in  case  of  a  special  trust  fund,  he  as  trustee  or  as  a 
joint  trustee  or  a  representative  or  agent  of  the  trustee  or  as  a 
bailee,  in  each  of  which  relations  he  is  not  entitled  to  the  interest 
he  may  have  earned  from  the  fund  privately,  would  not  own  the  in- 
terest. That  interest  is  the  natural  increment  to  and  belonging  to  the 
principal  sum  and  goes  to  the  one  to  whom  the  principal  belongs 
either  actually  or  by  legal  fiction. 

State  vs.  Chamber,  L.  E.  A.  1918  B.  803,  811,  Note. 

It  does  not  lie  in  the  mouth  of  the  Treasurer  to  say  to  the 
City  as  Trustee,  which  insofar  as  the  Treasurer  is  concerned  is  the 
owner  of  the  funds  and  holds  legal  title  thereto,  that  the  bond  hold- 
er only  can  complain  as  to  the  interest.  The  trustee  in  every  way 
and  for  every  purpose  represents  the  bond  holder,  the  cestui  que 
trustent.  The  Trustee  may  (bring  suit  for  and  in  behalf  of  every 
right  of  its  certui  and  it  is  its  duty  to  do  so.  It  is  not  the  affair  of 
the  Treasurer  as  to  whom  the  money  eventually  belongs,  when  he 
deals  with  the  Trustee.  Besides  the  city  as  a  trustee  personally  has 
been  damaged  by  the  acts  of  the  Treasurer  in  retaining  the  interest; 
it  has  been  compelled  to  levy  a  one  cent  tax  in  its  attempt  to  equal- 
ize deficiencies  and  now  there  are  as  in  the  past,  great  deficiencies. 
The  city  has  as  Trustee  a  personal  interest  in  seeing  that  the  trust 
fund  and  its  increment  interest  is  kept  intact.  This  is  also  follow- 
ing the  law  of  trusts. 

In  our  view  the  Treasurer  upon  the  receipt  by  him  of  the  Bar- 
rett trust  funds  became  a  trustee  or  agent  thereof  for  the  city  to  the 
extent  of  its  interest  and  for  the  bondholders  although  the  city  was 
the  trustee  named  in  the  law.  In  the  case  of  Lewis  vs.  Hershey,  45 
Ind.  App.  104,  90  N.  E.  332,  a  grandfather  obtained  from  the  mother 
a  sum  procured  by  court  decision  in  a  bastardy  proceeding,  which 
sum  made  a  trust  fund  for  the  illegitimate  child.     The  court  says: — 

"Unlike  many  cases,  where  the  question  as  to  whether  or  not  a 
trust  exists,  the  money  over  which  this  dispute  arose  was  trust 
money,  created  so  by  statute,  regardless  of  whether  the  mother  or 
grandfather  held  it.  This  is  certainly  true,  when  he  took  it,  as  he 
did,  with  full  knowledge  of  the  facts  as  to  the  source  from  whence 


138  city  of  Indianapolis,  ind.  [Regular  Meeting 


it  came.  He  was  merely  the  custodian  of  the  money.  Kane  v. 
Bloodgood,  7  Johns,  Ch.  (N.  Y.)  90  11  Am.  Dec.  417;  Brown  v. 
Maplewood  Cemetery  Ass'n.  85  Minn.  498,  89  N.  W.  872;  Taylor  v. 
Benham,46  U.  S.  233,  12  L.  Ed.  130.  In  the  case  of  Kane  v.  Blood- 
good,  supra,  Chancellor  Kent  said;  'Every  person  who  receives  money 
to  be  paid  to  another  or  to  be  applied  to  a  particular  purpose,  to 
which  he  does  not  apply  it,  is  a  trustee,  and  may  be  sued  either  at 
law  for  money  had  and  received,  or  in  equity  as  a  trulstee  for  a 
breach  of  trust.'  " 

"A  grantor  of  property  in  trust  for  a  specific  purpose  retains 
such  an  interest  therein  as  entitled  him  in  equity  to  insist  on  specific 
execution  of  the  trust." 

39  Cyc.  246,  and  cases. 

"While  an  agent  or  solicitor  of  a  trustee  is  personally  liable 
for  any  loss  resulting  from  his  own  positive  act  or  default,  and  will 
under  some  circumstances  be  charged  as  trustee,  where  he  has  not 
participated  in  any  breach  of  trust  he  will  not  be  held  personally 
liable,  or  held  to  be  a  constructive  trustee,  his  liability  to  account 
being  to  the  trustee  and  not  to  cestui  que  trust." 

39  Cyc.  306  and  authorities. 

"A  mere  agent  of  a  trustee  is  generally  accountable  only  to 
the  trustee,  and  not  to  the  cestui  que  trust,  unless  the  facts  estab- 
lished his  relation  as  that  of  trustee." 

39  Cyc.  468  and  authorities. 

The  directors  of  a  corporation,  while  not  technically  trustees, 
were  liable  in  equity  to  account  the  same  as  ordinary  trustees  for 
their  conduct  in  the  management  of  the  corporation,  and  for  the 
monies  they  had  received  as  a  consideration  for  turning  over  the 
control  of  the  corporation  to  third  parties. 

Bosworth  vs.  Allen,  168  N.  Y.  157,  61  N.  E.  163,  55  L,  R.  A. 
751. 

In  England  it  seems  to  be  the  law  that  notwithstanding  the 
general  rule  that  a  trustee's  agent  is  accountable  to  the  trustees 
only,  an  inquiry  should  be  had  of  the  circumstances  attending  the 
agent's  appointment  and  his  knowledge  of  the  trusts  affecting  the 
property. 

Archer  vs.  Lavender,  Ir.  R.  Eq.  220. 

Conceding  the  sake  of  argument  only  that  the  last  proceding 
reasoning  is  defective,  yet  on  other  grounds  the  Treasurer  would  be 
liable  for  any  interest  which  he  has  privately  earned  on  the  trust 
fund.  This  is  the  trust  of  the  city  in  favor  of  the  bond  holders. 
Without  question  the  bond  holders  could  have  held  the  Treasurer  for 
the  increment  interest  on  the  funds.  However,  the  city  under  the 
deficiency  statute  and  under  the  1915  law  was  made  responsible  to 
the  bond  holder  for  the  principal  and  also  the  interest  on  the  bonds. 
It  has  been  paying  such  principal  and  interest  for  many  years  go- 
ing into  its  own  pocket  to  supply  the  deficiency  created  more  or 
less  from  the  pocketing  of  the  interest  by  the  Treasurer.  It  has 
paid  what  it  was  legally  bound  to  pay  and  what  the  Treasurer  was 


May  17,  1926]  city  of  Indianapolis,  ind.  139 


partly  bound  to  pay  in  the  way  of  interest,  to  the  bond  holder.  Even 
though  in  the  first  instance  had  the  city  as  trustee  no  cause  of  ac- 
tion against  the  Treasurer  for  his  retention  of  interest  which  should 
have  been  paid  as  increment  money,  yet  when  the  city  does  pay  the 
bond  holder  in  full,  under  the  doctrine  of  law  known  as  subrogation, 
it  steps  into  the  shoes  of  the  bond  holder  and  is  permitted  to  as- 
sert any  rights  which  the  bond  holder  had  or  might  have  had.  The 
latter,  as  we  have  said,  had  the  right  before  his  payment  in  full  by 
the  city,  to  hold  the  Treasurer  for  the  increment  interest  on  his 
personal  sum.  The  city,  therefore,  being  subrogated  to  the  rights 
of  the  bond  holder  may  sue  the  Treasurer  for  the  increment  interest 
with  the  same  right  formerly  possessed  by  the  bond  holder.  The 
following  excerpt  from  one  of  the  leading  legal  publications  given 
the  general  doctrine  regarding  the  right  of  subrogation. 

"Subrogation  is  the  substitution  of  another  person  in  the  place 
of  a  creditor  so  that  the  person  in  whose  favor  it  is  exercised  suc- 
ceeds to  the  rights  of  the  creditor  in  relation  to  the  debt.  (John- 
son vs.  Barrett,  117  Ind.  551,  19  N.  E.  190)  The  doctrine  is  one  of 
equity  and  benevolence,  and  like  contribution  and  other  similar 
equity  rights  was  adopted  from  the  civil  law,  (Spray  vs.  Rodman, 
43  Ind.  225)  and  its  basis  is  the  doing  of  complete,  essential  and  per- 
fect justice  between  all  the  parties  without  regard  to  form,  and  its 
object  is  the  prevention  of  injustice.  The  right  does  not  necessarily 
rest  on  contract  or  privity,  but  upon  principles  of  natural  equity, 
(citing  numerous  Indiana  authorities,  Foot  Note  6)  and  does  not 
depend  upon  the  act  of  the  creditor,  but  may  be  independent  of  him 
and  also  of  the  debtor."       -     -     - 

37  Cyc.  363  Et.  Seq. 

"A  general  agent  upon  being  compelled  to  pay  a  debt  which 
should  be  satisfied  by  a  sub-agent  is  subrogated  to  the  creditor's 
right  against  the  latter." 

37  Cyc.  349. 

Hough  vs.  Aetna  L.  Ins.  Co.,  57  111.,  318. 

Young  vs.  Morgan,  89  111.,  199. 

"A  court  of  equity  will  not  allow  an  agent  to  use  trust  funds 
in  any  manner  by  which  he  himself  acquires  a  special  benefit  to  the 
detriment  of  his  principal  and  it  will  not  allow  him  to  invest  the 
funds  in  securities  which  he  himself  held  and  in  such  case  equity 
will  allow  the  principal  to  be  subrogated  to  the  rights  which  the 
agent  had  at  the  time  of  the  transaction,  even  though  the  original 
securities  are  cancelled  of  record." 

37  Cyc.  440. 

It  is  our  view  that  the  Treasurer  insofar  as  this  trust  is  con- 
cerned holds  the  same  as  an  agent  or  a  sub-agent  of  the  principal, 
the  city  as  the  trustee. 

Our  search  has  not  led  us  to  any  case  identical  in  every  respect 
to  this  one  as  relates  to  subrogation.  But  the  facts  and  the  princi- 
ple of  law  are  enunciated  with  remarkable  similarities  in  the  case 
of  the  U.  S.  Mortgage  Co.,  vs.  Henderson  et  al,  111  Ind.  24.  In 
that  case  Henderson  was  the  agent  of  the  Mortgage  Company  under 


140  city  of  Indianapolis,  ind.  [Regular  Meeting 


contract  that  would  advance  payment  on  mortgage  interest  due  from 
clients  of  the  company  when  such  clients  failed  to  pay  the  same.  In 
the  case  of  the  City  against  its  Treasurer  the  City  agreed  to  advance 
to  the  bond  holders  such  interest  as  the  Treasurers  failed  to  pay. 
In  the  Henderson  case  the  Supreme  Court  in  holding  that  Henderson 
was  subrogated  to  the  amount  of  interest  which  he  advanced,  say: 

"The  stipulation  in  the  contract,  by  which  Henderson  agreed, 
in  case  any  interest  on  loans  negotiated  by  him  should  remain  in 
arrears  for  a  period  of  ten  days  that  he  would  immediately  pay  such 
interest  himself,  put  him  in  such  relation  to  the  loan  as  entitled 
him  to  a  remedy  against  the  borrower,  and  to  participate  in  the 
security,  in  the  event  he  was  called  upon  to  pay  the  interest  cou 
pons." 

State  ex  rel.  Kendall  vs.  Green,  101  Tnd.,  532, 

Gillett  vs.  Hill,  102  Ind.,  531,  1  N.  E.,  551, 

Without  much  doubt,  the  city  would  be  entitled  to  be  subro- 
gated to  all  the  rights  of  the  holder  against  the  Treasurer,  if  it,  the 
city  has  paid  off  the  bond  holder  in  full.  In  addition  also  are  other 
reasons  for  holding  that  the  old  relation  of  debtor  and  creditor  be- 
tween the  city  and  treasurer  does  not  obtain  in  relation  to  Barrett 
Law  trust  funds.  The  very  purpose  and  intent  of  the  legislature  in 
enacting  the  1915  law  was  directly  opposed  to  such  debtor  and  cred- 
itor relation  giving  to  the  treasurer  the  right  to  the  interest.  Its 
very  purpose  was  to  give  this  interest  to  the  city  and  thus  destroy 
one  of  the  chief  elements  of  the  debtor  and  creditor  relation. 

Under  Acts  1921,  Page  851,  Burns'  1926,  Sections  7850-7856, 
in  force  May  31,  1921,  the  new  Fees  and  Salaries  Act  was  declared. 
The  import  of  this  act  is  that  the  City  Treasurer  is  no  longer  in- 
vested with  the  legal  title,  namely  the  right  to  the  interest,  is  taken 
fp'om  the  Treasurer.  The  significance  of  this  is  that  the  former 
ground  upon  which  the  City  Treasurer  was  entitled  to  retain  the 
interest  of  funds  in  his  hands,  namely  the  ground  that  the  legal  title 
of  the  same  was  in  him,  seemingly  has  been  cut  out  from  under  such 
right.     The  pertinent  Sections  of  such  Act  are  as  follows,  to-wit:— 

"7850.  Salary  of  Officers  in  Counties  of  300,000.  1.  In 
counties  having  a  population  of  300,000  or  more,  according  to  the 
last  preceding  United  States  census  the  following  named  sums  shall 

be  the  salaries  of  the  respective  officials  named  herein; The  County 

Treasurer  shall  receive  an  annual  salary  of  $5,000.00 The  sal- 
aries named  herein  shall  be  in  full  for  all  services,  and  no  other 
compensation  or  fees  of  any  nature  shall  be  paid  to  any  of  the  above 
officials  except  as  herein  provided: —  Provided,  that  the  'County 
Treasurer  shall  serve  as  the  Treasurer  of  the  Civil  City  and  the 
Treasurer  of  the  School.  City  of  any  county  seat  city  located  in  such 
county,  and,  for  such  services,  he  shall  receive  no  compensation  ex- 
cept as  provided  in  this  Act." 

"7852.  Fees  to  be  paid  into  the  county  treasury. — 3.  All 
fees,  interest,  penalties,  costs,  fines  and  forfeitures  provided  by  law 
shall  be  collected  by  the  the  proper  officials,  and  shall  be  paid  into 
the  county  treasury,  except  fees  on  delinquent  tax  collections  and 
delinquent  improvement  assessments,  which  fees  shall  be  distributed 


May  17.  19261  city  of  Indianapolis,  ind.  141 


as  now  provided  by  law;  also  except  foreign  fees  collected  by  the 
sheriff,  which  shall  belong  to  and  be  the  property  of  the  sheriff.  It 
shall  be  unlawful  for  any  official  named  herein  to  retain  any  fee  as 
his  own  except  as  herein  provided." 

"7853.  Deposits  of  funds. — 4.  Deposits  must  be  made  of  all 
funds  of  any  character  whatsoever  coming  into  the  custody  of  any 
official  named  in  this  act,  and  such  funds  shall  be  held  subject  to 
the  provisions  of  the  depository  laws  of  the  State  of  Indiana." 

"7956.  Construction  of  Act. — 7.  This  Act  is  not  to  be  con- 
strued as  diverting  any  portion  of  fees,  interest,  penalties,  costs, 
fines  or  forfeitures  from  any  public  fund  as  now  provided  by  law, 
but  it  is  to  be  construed  as  supplementary  to  such  existing  law." 

Under  this  Act  the  City  Treasurer's  salary  of  $5000.00  shall 
be  in  full  for  all  of  his  services  with  no  other  compensation  of  any 
nature  except  fees  on  delinquent  tax  collections  and  delinquent  im- 
provement assessments.  It  declared  that  all  interest,  provided  by 
law  shall  be  collected  by  the  proper  officials  and  shall  be  paid  into 
the  County  Treasury. 

Although  at  no  time  in  1921  or  thereafter  was  it  perhaps  pos- 
sible to  pay  interest  into  the  county  treasury,  which  is  the  public 
depository,  on  account  of  the  Federal  injunction,  yet  the  intent  of 
Section  7852,  coupled  with  Section  7850  and  Section  7853,  which 
is  also  as  yet  inoperative  by  reason  of  the  Federal  injunction,  was 
clearly  that  the  treasurer  should  no  longer  have  legal  title  to  the 
fund. 

It  might  be  said  that  the  interest  "Provided  by  law"  which  shall 
be  collected  by  proper  officials  and  paid  into  the  County  Treasury 
under  Section  7852  is  not  interest  such  as  that  which  might  accrue 
under  Barrett  Law  prepayments  for  the  reason  that  the  latter  is  not 
provided  by  law.  While  it  is  true  that  the  latter  is  not  provided 
by  law  in  a  strict  sense,  yet  in  the  broader  sense  probably  used  by 
this  statute,  the  title  to  the  moneys  being  removed  from  the  Treas- 
urer, this  interest  is  provided  by  law  for  the  City. 

It  has  been  suggested  that  the  1921  Fees  and  Salaries  Law  has 
repealed  the  1915  Act,  Section  10450,  by  the  statement  in  Section 
7852  and  Section  7853  that  interest  and  funds  of  any  character 
whatsoever  coming  into  the  custody  of  the  Treasurer  must  be  depos- 
ited in  a  public  depository.  However  the  Federal  injunction  was  a 
part  of  the  law  of  this  State  then  as  it  is  now  and  the  Legislature 
must  be  presumed  to  have  had  that  decision  in  mind  and  to  have 
known  that  the  same  was  unreversible  and  unrepealable  by  that  body. 
The  Legislature  must  have  known  also  that  Barrett  Law  funds  are 
not  public  funds  but  dedicated  to  special  purposes;  that  they  may 
not  be  indiscriminately  mingled  with  general  funds  in  the  public  de- 
pository. Section  7856  of  the  Act  declares  that  it  is  not  to  be  con- 
strued as  diverting  any  portion  of  —  interest  —  from  any  public 
fund  as  now  provided  by  law,  but  it  is  to  be  construed  as  supple- 
mentary to  such  existing  law.  Undoubtedly  this  Section  refers  to 
the  Act  of  1915  and  to  funds  such  as  the  Barrett  Law  funds,  al- 
though in  a  popular  sense  calling  it  a  public  fund;  otherwise  such 
Section  would  have  no  meaning.     If  there  were  such  repeal  it  must 


142  city  of  inuianapolis.  ind.  [Regular  Meeting 


needs  be  by  implication  and  repeal  by  implication  is  not  favored  by 
the  law.  From  the  foregoing  we  deduce  that  the  1915  Act  was  not 
repealed  by  the  Act  of  1921. 

It  is  our  belief  therefore  that  inasmuch  as  the  1921  Fees  and 
Salaries  Act  clearly  shows  the  intention  of  the  Legislature  not  to 
give  legal  title  of  the  Barrett  Law  funds  to  the  Treasurer  and  there- 
by create  the  relation  of  creditor  and  debtor,  but  to  create  the  con- 
dition of  trust  or  bailment  as  is  usual  in  regard  to  a  custodian  of 
funds,  that  the  City  Treasurers  are  responsible  at  least  since  May 
31,  1921,  for  any  interest  money  which  they  may  have  obtained  by 
private  investment  of  the  Barrett  Law  prepayments.  To  the  same 
effect  is  Burns'  1926,  Section  10967,  Acts  1909,  P.  289. 

In  support  further  of  the  theory  that  the  Treasurer  does  not 
own  the  right  to  the  interest  on  these  trust  funds,  we  might  say  that 
the  decisions  of  the  Supreme  Court  before  1907,  that  the  interest 
belongs  to  the  Treasurer,  contrary  to  the  great  weight  of  American 
decisions,  were  so  questionable  in  merit  as  to  warrant  the  view  that 
their  import  should  be  limited  as  much  as  possible.  It  is  indeed 
contrary  to  public  policy  and  public  weel  to  push  that  import  farth- 
er than  the  cases  go  themselves.  They  are  old  fashioned  and  not 
up  to  date  with  modern  judicial  reasoning  which  more  highly  re- 
gards the  public  right. 

This  law  of  Indiana  in  effect  now  except  for  the  depository  law 
and  except  for  the  peculiarities  of  specific  trust  funds,  is  to  the  mind 
of  the  better  judicial  thought  in  the  majority  of  the  opinions  of  the 
country,  bad  law. 

State  vs.  Schamber,  L.  R.  A.  1918,  B.  803,  811  Note. 

Adams  vs.  Williams,  30  L.  R.  A.,  (N.  S.)  855  and  note. 

Lake  County  vs.  Westerneld,  273  III.,  124,  112  N.  E.  308. 

From  the  foregoing  I  think  it  would  be  clearjy  seen  that  the 
interest  on  Barrett  Law  funds,  if  any  is  privately  earned  by  the 
Treasurer,  belongs  to  the  City. 

If  the  Treasurer  allowed  the  Barrett  trust  funds  to  lie  inactive 
in  his  hands,  it  is  a  question  of  fact  as  to  whether  interest  should  be 
allowed  against  him. 

"The  general  rule  is  well  settled  that  where  trust  money  cannot 
be  applied  either  immediately  or  within  a  short  time  to  the  purposes 
of  the  trust,  it  is  the  duty  of  the  trustee  to  make  the  fund  produc- 
tive to  the  cestui  que  trustent  by  the  investment  of  it  on  some  proper 
security." 

39  Cyc.  390  and  authorities. 

Stanleys  Estate  vs.  Pence,  160  Ind.,  636,  66  N.  E.  51. 

This  is  but  a  reiteration  of  the  law  obtaining  for  the  last  2000 
years : — ■ 

Matthew,  Ch.  25,  v.  27. 

"Where  a  trustee  has  made  improper  investments  the  cestui  que 
trust  has  an  election  to  take  the  original  fund  and  legal  interest 


May  17.  1926]  city  of  Indianapolis,  ind.  143 


thereon,  or  to  take  the  fund  as  invested  at  the  time  of  the  account- 
ing, and  all  legal  profits  realized  by  the  trustee  thereon." 

39  Cyc.  414  and  authorities. 

Stanleys  Estate  vs.  Pence  (supra). 

Lewis  vs.  Hershey,  45  Ind.  App.  x  104,  90  N.  E.  332. 

"Ordinarily  a  trustee  is  not  chargeable  with  interest  on  the 
trust  funds  unless  he  has  used  them  for  his  own  profit,  or  invested 
them  so  as  to  produce  interest,  or  suffered  them  to  lie  idle  when 
they  might  have  been  invested,  or  needlessly  delayed  settlement  and 
surrender  of  the  property,  or. in  some  other  way  shown  a  want  of 
diligence  and  good  faith." 

39  Cyc.  422  and  authorities. 

"As  a  general  rule,  where  a  trustee  applies  trust  money  to  his 
own  use,  as  in  trade,  he  is  chargeable  with  interest;  and  also  if  he 
mingles  it  with  his  own  and  uses  it  in  common." 

39  Cyc.  424  and  authorities. 

Stanley  vs.  Pence   (supra). 

Lewis  vs.  Hershey  (supra). 

"The  general  rule  covering  the  accountability  of  a  trustee  is 
that  he  shall  not  make  a  profit  for  himself  out  of  the  trust  estate; 
and  this  rule  subjects  him  to  an  account  for  all  the  interest  which  he 
makes  or  receives;  but  ordinarily  he  should  not  be  charged  with  more 
than  he  actually  receives,  or  in  the  proper  exercise  of  his  duties 
should  have  received." 

39  Cyc.  426  and  authorities. 

"  As  a  general  rule  trustees  are  not  to  be  subjected  to  the 
payment  of  compound  interest;  simple  interest  is  the  rule  and  com- 
pound interest  the  exception.  It  is  often  asserted  that  a  special 
case  must  be  made  out  to  justify  the  exaction  of  compound  interest, 
such  as  wilful  violation  of  duty  or  gross  delinquency,  and  that  or- 
dinarily a  trustee  is  chargeable  only  with  such  intrest,  simple  or 
compound,  as  he  actually  receives,  or  in  the  proper  and  faithful  dis- 
charge of  his  duties  should  have  received.  Where  the  omission  of  a 
trustee  is  due  to  mere  negligence,  without  fraudulent  intent,  simple 
interest  alone  is  allowed  to  the  cestui  que  trust  on  trust  funds. 
Where,  however,  the  trustee  uses  the  trust  moneys  in  trade  or  spec- 
ulation for  his  own  benefit  or  advantage,  or  sells  trust  stocks  and 
applies  the  proceeds  to  his  own  use,  or  refuses  to  follow  the  direc- 
tions of  the  trust  instrument  as  to  investments,  or  disregards  a  di- 
rection for  accumulation,  or  conducts  himself  fraudulently  in  the 
management  of  the  funds,  and  in  all  other  instances  depending  upon 
Lke  principles,  interest  may  be  compounded  either  as  a  penalty,  or 
as  a  measure  of  damage  for  undisclosed  profits  and  in  place  of  them. 
A  court  of  equity  has  power  to  compound  interest  annually,  or  at 
longer  or  shorter  periods,  according  to  the  delinquency  of  the  trus- 
tee." 

39  Cyc.  428  et  seq.  and  authorities. 

The  rule  in  Indiana  seems  to  be  that  where  a  trustee  improper- 


144  city  of  Indianapolis,  ind.  [Regular  Meeting 


ly  uses  the  trust  fund,  he  is  liable  at  least  for  interest  at  the  rate  of 
6%  per  annum  thereon. 

Stanley  vs.  Pence,  (supra). 

Lewis  vs.  Hershey,   (supra). 

37  A.  L.  R.  447-441 

1  A.  L.  R.  1645. 

Under  the  foregoing  conclusions  let  us  examine  the  method  by 
which  we  can  start  right  and  start  at  once  to  get  this  interest  into 
the  City's  hands.  The  1915  law  with  its  every  obligation  and  duty 
is  now  in  full  force  and  effect.  The  present  Controller  should  im- 
mediately ascertain  the  amount  of  this  fund,  immediately  invest  in 
the  new  bonds  required  of  the  full  amount  of  the  fund,  and  send  his 
order  at  once  for  their  payment  to  the  City  Treasurer.  If  he  should 
fail  in  this  he  and  his  bondsmen  will  be  liable  to  the  City  for  dam- 
ages on  the  ground  of  neglect  of  express  statutory  duty.  The  Treas- 
urer, should  immediately  honor  such  order  for  investment  in  the  new 
bonds,  receive  the  same  and  hold  them  for  the  purposes  designated 
in  the  Act  of  1915,  at  his  peril.  If  he  does  not  so  do,  suit  of  man- 
date or  other  appropriate  legal  action  shall  be  brought  against  him 
by  the  legal  department  of  the  City  or  other  proper  authority  and 
damages  asked  against  him  and  his  bondsmen  for  neglect  of  express 
statutory  duty.  The  law  also  provides  impeachment  and  even  crinf- 
inal  prosecution  for  officers  who  refuse  to  perform  such  duties.  The 
controller  need  not  wait  for  the  enactment  of  the  ordinance  I  ap- 
pend hereto,  for  the  same,  although  helpful,  is  not  at  all  necessary. 

The  implications  in  your  request  and  the  requirements  of  civic 
bodies  and  the  public  calling  for  an  opinion  from  me  on  the  liability 
of  past  officers  for  the  loss  of  interest  to  the  City  necessitates  an 
answer.  This  answer  I  am  bound  in  good  conscience  and  under  oath 
of  office  to  give.  In  all  the  discussion  heretofore,  one  element  as  to 
the  1915  law  has  been  overlooked  as  to  liability  of  officers.  The  or- 
iginal primary  duty  of  the  investment  plan  of  the  1915  law,  is  upon 
the  City  Controller.  The  statute  expressly  places  upon  the  City 
Controller  the  duty  of  investing  in  bonds  and  placing  the  same  in 
the  hands  of  the  City  Treasurer  for  further  action.  According  to 
report,  this  the  Controller  has  never  done  under  the  1915  Act.  A 
mere  verbal  request  upon  the  Treasurer  for  the  funds  would  not 
exculpate  the  Controller;  he  must  do  his  full  duty;  he  must  buy 
bonds  and  send  his  order  to  the  Treasurer  therefor  and  then  and  not 
until  then  does  the  Treasurer's  duty  begin.  If  according  to  report, 
the  Controllers  since  its  passage  under  emergency  clause  in  Feb- 
ruary 1915,  have  failed  to  go  the  full  length  required  of  them  by 
the  law  in  investing  in  bonds  and  ordering  their  payment  from  the 
Treasurer,  then  each  and  all  of  such  Controllers  so  offending  may 
probably  be  successfully  sued  for  neglect  of  duty  and  for  damages 
easily  ascertained  from  the  loss  of  interest  on  bonds  to  be  calculated 
on  the  amounts  respectively  which  should  have  been  invested  under 
the  Act.  Recovery  against  controllers  is  clearer  and  easier  in  the 
law  than  against  treasurers.  Questions  as  to  the  running  of  the 
Statute  of  Limitations  and  the  liability  of  bondsmen  will  be  dis- 
cussed later.  To  my  view  the  the  Controllers,  if  they  have  failed  to  do 
their  duty  as  outlined,  are  primarily  responsible  for  the  loss  of  inter- 


May  17.  19261  city  of  Indianapolis,  ind.  145 


est  to  the  city  under  the  1915  Act.     If  the  City  recovers  against  the 
Controllers  its  loss  it  cannot  recover  again  from  the  Treasurers. 

In  addition  to  such  liability  of  the  Controllers,  it  goes  without 
saying  under  the  views  expressed  to  show  that  the  present  City 
Treasurer  has  no  right  to  interest  on  these  funds;  that  all  former 
Treasurers  are  probably  legally  liable  to  the  City  for  such  interest 
as  they  may  have  obtained  by  private  investment  of  the  same,  unless 
the  Statute  of  Limitations  has  run  in  their  favor  or  the  loss  made 
good  through  suits  against  Controllers.  This  follows  inevitably  if 
the  present  Treasurer  may  not  retain  the  interest. 

It  may  be  that  your  body  and  the  public  desire  only  that  the 
thing  shall  proceed  properly  from  now  on  and  that  a  general  am- 
nesty be  declared  as  to  the  past.  It  is  common  knowledge  that  the 
Treasurer,  by  political  parties  has  been  heavily  assessed  for  cam- 
paign funds  and  amerced  in  many  other  ways  because  of  the  fact 
that  he  was  reputed  as  a  recipient  of  this  interest.  The  people  have 
known  for  years  that  the  interest  has  made  the  Treasurer's  office  a 
prize,  but  they  have  never  taken  efficient  steps  to  stop  the  practice. 
They  arje  not  estopped  in  law,  but  they  may  feel  that  they  are  in 
good  conscience.  However,  the  question  of  amnesty  is  to  a  great  ex- 
tent not  for  me  to  determine,  but  for  you  and  the  public.  I  think 
I  can  say  with  some  degree  of  assurance  that  from  now  on  the  thing 
may  readily  be  straightened  out.  The  present  Controller  and  City 
Treasurer  are,  I  think,  willing  to  do  their'  duty,  but  if  not  they  can 
be  forced  to  do  so  either  by  mandate  or  impeachment  or  other  rem- 
edy. The  Mayor  also  has  considerable  powers  to  enforce  obedience. 
Burns,  1926,  Sec.  10311  (11th). 

Should  it  be  your  desire  and  that  of  the  public  that  I  as  Corpor- 
ation Counsel  proceed  against  past  Controllers  and  Treasurers  I 
will  do  so  if  in  the  case  of  the  Treasurers,  it  should  appear  that  this 
office  has  such  power.  The  available  method  of  obtaining  the  requis- 
ite information  is  apparently  the  State  Board  of  Accounts.  On  such 
information  it  is  the  duty  of  the  Attorney  General,  to  whom  the  find- 
ings of  the  Board  are  first  given,  to  bring  the  actions  against  the 
Treasurers  and  bondsmen  for  the  interest.  Such  was  the  procedure 
in  the  Von  Hake  case.  If  the  Attorney-General  does  bring  suit  first, 
suits  by  others  are  precluded. 

Burns,  1926,  Sections  12645,  12660,  12663,  12664. 

State  ex  rel.  vs.  Sonderman,  80  Ind.  App.  443. 

The  Sections  giving  the  Legal  Department  power  to  represent 
the  City  in  its  legal  business,  etc.,  have  not  been  repealed  by  such 
Sections  12645,  12660  and  12663.  Such  Sections  are  merely  cum- 
ulative. Local  self-government  requires  that  a  City  should  be  per- 
mitted to  look  out  for  its  own  affairs. 

As  to  actions  against  former  Controllers  it  is  my  view  that  this 
department  might  possibly  sue  to  the  exclusion  of  the  Attorney-Gen- 
eral on  the  Board's  report  on  the  ground  that  the  Attorney-General's 
power  to  sue  to  "carry  into  effect  the  findings  resulting  from  such 
examination  and  secure  to  the  proper  municipality  the  recovery  of 
any  funds  misappropriated,  diverted  or  unaccounted  for"  might  be 
read  conjunctively  and  not  disjunctively.  In  such  case  the  Attor- 
ney-General could  not  sue  except  when  both  elements  of  such  power 


146  city  of  Indianapolis,  ind.  [Regular  Meeting 


were  present;  carrying  into  effect  the  findings  and  also  when  funds 
are  misappropriated,  etc.  Suit  against  the  Controller  would  be  for 
neglect  of  duty  and  for  damages  therefor,  not  for  misappropriation. 
But  the  damages  could  not  be  well  ascertained  without  the  Board's 
findings  as  to  amounts  and  various  other  facts. 

Also  Section  14351,  Burns  1925,  may  be  construed  by  the  courts 
as  giving  the  prosecuting  attorney  the  authority  to  sue  treasurers. 

I  might  add  that  pursuit  of  past  interest  or  for  damages  against 
Controllers  and  Treasurers  will  mean  hard  and  bitter  fights  extending 
over  years  perhaps.  If  the  order  is  to  proceed  against  such  individ- 
uals it  will  be  necessary  or  at  least  wise  that  complete  audits  be  made 
either  by  the  State  Board  of  Accounts  or  others  of  the  Barrett  Law 
funds  at  their  proper  intervals  and  then  after  suit  is  brought  either 
by  examination  out  of  court  or  by  interrogatories  under  oath,  it  can 
be  ascertained  what  amount,  if  any,  the  Treasurers  have  earned  pri- 
vately on  these  funds  and  Controllers  have  lost  by  their  neglect.  It 
would  probably  be  necessary  in  order  that  there  be  a  continuity  of 
effort  uninterrupted  by  individuals  passing  out  of  office,  that  you 
or  civic  bodies  furnish  additional  legal  counsel  or  funds  therefor 
before  proceeding  as  against  past  officials.  At  least  such  informa- 
tion as  I  have  suggested  should  be  obtained.  However,  it  is  not  leg- 
ally a  matter  of  my  concern  as  to  the  wishes  of  the  public  in  refer- 
ence to  the  pursuit  of  past  funds  yet  lawsuits  of  this  kind  are  gener- 
ally unprofitable  in  result  unless  following  the  public  wish.  I  will 
therefore  be  pleased  to  know  not  only  your  attitude  but  also  that  of 
the  public  in  this  matter.  Your  attitude,  of  course,  may  be  made 
known  to  me  by  furnishing  me  the  information  suggested,  some 
thing  which  this  office  is  utterly  unequipped  to  find  out  and  discover 
for  itself.  Pursuit  of  former  interest  in  court  by  this  office,  an  im- 
mense and  complicated  problem,  could  only  be  done  by  us  without 
sacrifice  to  more  pressing  present  problems,  with  additional  legal 
help.  This  office  for  its  ordinary  problems  is  woefully  underman- 
ned. We  would  now  welcome  either  as  a  volunteer  or  as  one  furn- 
ished by  some  civic  body,  an  attorney  at  law  well  versed  in  Federal 
practice,  to  assist  us  in  an  immediate  effort  to  modify  or  set  aside 
the  Federal  injunction;  to  compel  by  proper  legal  steps,  the  officers 
charged  with  putting  the  1915  law  into  effect,  to  perform  their  dut- 
ies should  they,  as  we  do  not  now  anticipate,  refuse  to  so  perform. 

The  bond  of  the  City  Controller  shall  cover  all  of  his  official 
acts.  This  is  sufficient  to  cover  any  neglect  of  his  in  complying  with 
the  1915  Act. 

Burns,  1926,  Sec.  10309,  Acts  1909,  p.  236. 

The  bondsmen  of  the  Treasurer  in  my  view  are  liable  for  his 
retention  of  any  interest  privately  earned. 

Burns,  1926,  Sees.  10311  (11th),  10949,  10967,  10971,  11567, 
11597. 

As  to  limitation  of  actions,  the  statute  declares: — 

"Second.  All  actions  against  a  sheriff  or  other  public  officer, 
or  against  such  officer  and  his  sureties  on  a  public  bond,  growing 
out  of  a  liability  incurred  by  doing  an  act  in  an  official  capacity,  or 
by  the  omission  of  an  official  duty  (suit  shall  be  brought) ,  within  5 


Mav  17.  19261  journal  of  common  council  147 

years;  but  an  action  may  be  brought  against  the  officer  or  his  legal 
representative,  for  money  collected  in  an  official  capacity  and  not 
paid  over,  at  any  time  within  six  years." 

Burns,  1926,  Sec.  302. 

It  would  appear  by  the  cases  cited  under  the  above  section  that 
the  same  would  apply  to  suits  by  the  City.  However,  under  the 
above  cited  sections  wherein  the  Attorney-General  sues  for  the  State 
on  the  relation  of  the  City,  a  different  rule  might  apply.  The  statute 
of  limitations  does  not  run  as  to  the  State,  except  in  case  of  sure- 
ties, and  in  a  case  such  as  this  if  the  public  has  an  interest  to  the 
extent  that  the  State  is  not  a  mere  nominal  party,  limitations  would 
not  run  as  against  former  treasurers  and  controllers. 

State  ex  rel.  vs.  Halter,  149  Ind.  392,  47  N.  E.  665. 

Penn.  Co.,  vs.  State,  142  Ind.,  428,  41  N.  E.  937. 

To  the  contrary  there  is  a  more  recent  decision  of  a  court  of 
lesser  authority. 

State  ex  rel.  Board  vs.  Stuart,  46  Ind.,  App.  611,  91  N.  E.  613. 

There  may  be  other  grounds  under  the  theory  of  trusts,  the  ex- 
press wording  of  the  bonds,  or  statutes  or  ordinances  overlooked, 
which  might  further  arrest  the  operation  of  the  limitation  of  the 
statute. 

Until  the  Federal  injunction  is  modified  so  that  the  Barrett 
prepayments  may  be  placed  in  the  public  depository  pursuant  to  the 
3.921  Act,  it  should  be  the  duty  of  the  Controller  to  see  that  all  spe- 
cial funds,  including  the  payments  in  full  and  in  advance  by  persons 
assessed  capable  of  bringing  in  interest  now  to  the  public  on  large 
sums  for  thirty  days  before  being  applied  to  improvements,  and  Bar- 
rett prepayments  before  bonds  can  be  purchased  with  them,  are  care- 
fully checked  up  daily.  Such  sums  as  the  Controller  could  not  forth- 
with invest  in  new  bonds,  should  by  agreement  between  the  Con- 
troller and  Treasurer  be  placed  in  the  City's  name  at  three  or  four 
per  cent,  interest  in  a  sound  bank  or  trust  company  or  the  ordinance 
I  have  suggested  could  be  invoked  to  compel  that  the  same  be  done 
as  a  temporary  measure  pending  the  modification  of  the  Federal 
injunction. 

Under  our  views,  it  is  now  premature  to  suggest  any  changes 
in  the  State  law  as  to  Barrett  law  funds.  Let  the  1915  Act  be  giv- 
en a  chance  for  the  remainder  of  the  year.  If  it  approximates  the 
wishes  of  its  framers  it  will  have  vindicated  itself;  if  it  does  not, 
then  a  new  plan  should  be  considered.  Much  tampering  with  a  law 
will  result  in  the  chaos  which  for  so  many  years  has  lost  the  public 
very  large  sums. 

It  is  undoubtedly  true  that  both  Treasurers  and  Controllers  in 
the  past  have  done  as  they  have  done  in  good  faith  and  under  com- 
petent legal  advice.  The  Treasurers  under  the  decisions  of  the  cases 
mentioned  herein  and  the  interpretation  of  the  debtor  and  creditor 
theory  of  funds,  have  to  my  view  honestly  thought  themselves  to  be. 
entitled  to  the  interest  and  now  probably  have  under  such  notion 
spent  the  same.     The  Controllers  as  well  as  the  Treasurers,  relying 


148  city  of  Indianapolis,  ind.  [Regular  Meeting 


upon  the  advice  or  lack  of  advice  of  the  legal  department  of  the 
City,  of  the  State  Board  of  Accounts,  and  other  authorities,  have 
rested  in  the  belief  that  they  were  pursuing  the  right  course.  The 
public  failing  to  insist  that  some  competent  legal  authority  thresh 
out  this  question  to  the  very  rags,  has  encouraged  this  belief.  In 
bringing  suits  for  the  past,  the  City  would  be  making  to  some  extent, 
scapegoats  of  those  in  office  during  the  last  five  years  and  releasing 
all  the  others  for  25  years  back.  Well  meaning  orators  urge  the 
immediate  pursuit  of  these  claims  which  I  must  inform  you  are  to 
some  extent  debatable,  but  it  is  well  before  any  action  that  you  con- 
sider whether  under  all  the  facts  and  circumstances,  such  pursuit 
would  be  fair,  keeping  in  mind  the  deliquencies  of  the  public  hereto- 
fore. Perhaps  in  such  persuit  one  might  get  a  legal  slap  such  as  the 
Federal  and  Von  Hake  decisions,  which  would  disarrange  all  efforts 
to  properly  adjust  the  matter  from  now  on,  putting  us  to  sleep  for 
another  twenty  years. 

Respectfully  Submitted, 

ALVA  J.  RUCKER, 

Corporation  Counsel. 

REPORTS  FROM  SELECT  COMMITTEES 

Indianapolis,  Ind.,  May  18,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Special  Committee  to  whom  was  referred 
General  Ordinance  No.  30,  1926,  entitled  "Transferring  $2,000  in 
Board  of  Works  Department,"  beg  leave  to  report  that  we  have  had 
said  ordinance  under  consideration,  and  recommend  that  the  same 
be  passed. 

MILLARD  W.  FERGUSON,  Chairman 
OTIS  E.  BARTHOLOMEW 
AUSTIN  H.  TODD 
WALTER  R.  DORSETT 
CLAUDE   E.   NEGLEY 

INTRODUCTION  OF  GENERAL  AND  SPECIAL  ORDINANCES 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  31,  1926 

AN  ORDINANCE,  abolishing  the  position  of  one  of  the  two  regular 
foremen  employed  at  the  rate  of  Fifteen  Hundred  ($1,500.00) 
Dollars  per  year  each,  in  the  Asphalt  Repair  Department  under 
the  Board  of  Public  Works,  and  increasing  the  salary  of  the 
Assistant  Superintendent  of  such  Asphalt  Plant  Department 
from  Sixteen  Hundred  and  Twenty  ($1,620.00)  Dollars  to  Two 
Thousand  Four  Hundred  ($2,400.00)  Dollars  per  annum,  and 
declaring  a  time  when  the  same  shall  take  effect. 

Be  It  Ordained  by  the  Common   Council  of    the    City    of   Indianapolis, 
Indiana: 

Section  1.  That  the  position  of  one  of  the  two  regular  foremen 
employed  at  the  rate  of  Fifteen  Hundred    ($1,500.00)    Dollars  per 


Mav  17.  19261  journal  of  common  council  149 


annum  each  in  the  Asphalt  Repair  Department  under  the  Board  of 
Public  Works  be  hereby  and  the  same  is  now  abolished. 

Section  2.  That  the  salary  of  the  Assistant  Superintendent  in 
such  Asphalt  Plant  Department  is  hereby  increased  from  the  sum  of 
Sixteen  Hundred  and  Twenty  ($1,620.00)  Dollars  per  annum  to  the 
sum  of  Two  Thousand  Four  Hundred  ($2,400.00)  Dollars  per  annum, 
such  increase  to  go  into  effect  immediately  upon  the  passage  of  this 
ordinance. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  a  special 
committee  appointed  by  the  President  of  the  Council,  con- 
sisting of  Mr.  Ferguson,  Chairman;  Messrs.  Albertson, 
Todd,  Bartholomew  and  Dorsett. 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  32,  1926. 

AN  ORDINANCE,  providing  for  the  immediate  investment  by  the 
City  Controller  in  bonds  of  all  prepayments  and  moneys  pre- 
paid by  persons  assessed  for  public  improvements  and  who  have 
taken  theretofore  the  privilege  of  payment  by  installments 
under  the  Barrett  law;  providing  a  method  for  the  immediate 
payment  of  such  bonds  by  the  City  Treasurer  upon  warrant 
of  the  City  Controller;  providing  for  the  immediate  deposit  in 
a  bank  or  trust  company  to  be  selected  by  the  Mayor,  of  all 
special  funds  in  the  hands  of  the  City  Treasurer  undeposited  in 
public  depositories,  in  the  name  of  the  City  of  Indianapolis,  as 
trustee,  and  incapable  at  the  time  of  being  used  in  the  purchase 
of  such  bonds;  providing  that  such  deposits  shall  draw  interest 
at  the  rate  of  3  %  per  centum  or  more  per  annum  and  that  such 
interest  shall  be  the  property  of  the  City  as  such  trustee  for  the 
payment  of  interest  due  on  bonds  issued  originally  for  the  pay- 
ment of  such  public  improvements  and  declaring  a  time  when 
this  ordinance  shall  take  effect. 

Be  It  Ordained  by  the  Common    Council    of    the.   City    of   Indianapolis, 
Indiana: 

Section  1.  It  is  one  of  the  intents  of  this  ordinance  to  put  into 
immediate  effect  provision  of  Section  1  of  Chapter  129  of  the  Acts 
of  the  General  Assembly  of  Indiana  for  the  year  1915,  page  548. 

Section  2.  That  it  shall  be  the  duty  of  the  City  Controller, 
acting  for  and  in  behalf  of  the  City  to  immediately  invest  the  "Spe- 
cial Fund"  created  by  said  Act  of  1915,  and  all  prepayments  and 
moneys  prepaid  by  persons  assessed  for  public  improvements  and  who 
have  taken  theretofore  the  privilege  of  payment  by  installments 
under  the  Barett  law,  commonly  so  called,  and  all  moneys  of  such 
nature  and  kind  in  the  hands  of  the  City  Treasurer,  in  bonds  similar 
in  kind  and  character,  at  par,  for  the  benefit  of  said  city  as  trustee 
for  the  holders  of  the  bonds  and  interest  coupons  upon  which  such 
prepayments  were  made  and  such  Controller  shall  immediately  pur- 
chase and  arrange  for  the  purchase  of  such  bonds  of  such  "Special 
Fund." 


150  city  of  Indianapolis,  ind.  [Regular  Meeting 


Section  3.  The  City  Controller  immediately  upon  such  pur- 
chase by  him  of  such  bonds  shall  make  warrant  and  ortder  upon  the 
City  Treasurer  for  the  payment  thereof  from  such  "Special  Fund" 
and  such  prepayment  money,  and  shall  forthwith  upon  the  receipt  by 
him,  the  City  Controller,  of  such  bonds  after  their  purchase,  place 
and  deposit  the  same  in  the  hands  of  the  City  Treasurer,  who  /shall 
hold  and  collect  the  same  as  other  bonds  are  collected,  applying  the 
money  thereof  in  payment  of  the  installment  of  interest  and  prin- 
cipal of  the  bonds  upon  which  said  prepayments  were  originally 
made,  or  to  said  city,  provided  that  it  has  paid  the  same. 

Section  4.  The  City  Controller  shall  keep  a  constant  check 
and  account  of  all  such  prepayment  money  paid  into  the  hands  of 
the  City  Treasurer  and  shall  immediately  make  such  purchase  of 
such  bonds  of  such  "Special  Fund,"  whenever  there  are  sufficient- 
sums  in  the  hands  of  such  City  Treasurer  to  purchase  any  bonds  or 
bonds  as  defined  in  said  Acts  of  1915. 

Section  5.  The  warrant  or  order  of  the  Controller  for  the  pay- 
ment of  such  "Special  Fund"  bonds  shall  be  in  the  form  as  now 
required  by  law  except  that  such  warrant  or  order  shall  not  have  the 
name  of  the  public  depository  stamped  thereon  until  such  time  as 
such  prepayment  money  is  or  may  be  deposited  in  a  public  de- 
pository. 

Section  6.  That  it  shall  be  the  duty  of  the  City  Treasurer  to 
forthwith  honor  and  pay  all  orders  and  warrants  so  issued  and 
directed  to  him  in  relation  to  said  money  of  said  "Special  Fund," 
and  the  same  is  hereby  legalized  and  declared  to  be  lawful  and 
mandatory  upon  said  City  Treasurer. 

Section  7.  That  it  shall  be  the  duty  of  the  City  Controller  to 
keep  constant  check  and  to  know  at  all  times  the  exact  amount  in 
the  hands  of  the  City  Treasurer  paid  in  heretofore  or  hereafter  for 
public  improvements  of  any  nature  and  description,  whatsoever, 
including  such  moneys  so  paid  in  by  persons  assessed  therefor,  who 
without  accepting  the  installment  privilege  of  the  Barrett  law,  pay 
or  have  paid  their  assessments  therefor  in  advance  and  in  full  in 
accordance  with  law,  and  all  other  special  or  specific  funds  whatso- 
ever, and  it  shall  be  the  duty  of  the  City  Controller  to  ascertain  and 
to  know  as  to  whether  or  not  such  moneys  together  with  the  said 
moneys  of  said  "Special  Fund"  of  the  said  1915  Act  incapable  of 
being  used  for  the  purchase  of  said  "Special  Fund"  bonds  for  any 
reason,  have  been  properly  deposited  by  the  City  Treasurer  pursu- 
ant to  the  provision  of  this  ordinance,  and  in  case  of  any  such 
failure  on  the  part  of  the  City  Treasurer,  it  is  hereby  declared  to  be 
the  duty  of  the  Controller  to  forthwith  report  the  same  to  the  Mayor 
for  proper  action. 

Section  8.  That  it  is  hereby  made  the  duty  of  the  Mayor,  unt>' 
such  time  as  the  "Special  Funds,"  trust  funds,  and  other  moneys 
mentioned  herein  may  be  deposited  in  public  depository,  to  forthwith 
name  a  certain  bank  or  trust  company  or  banks  and  trust  companies 
which  have  complied  with  the  requirements  of  the  banking  and  trust 
company  laws  of  this  state  or  of  the  United  States  and  are  of  good 
repute  and  sound,  and  shall  forthwith  in  writing  order  the  City  Treas- 
urer to  deposit  such  moneys  in  such  bank  or  trust  company  or  banks 
and  trust  companies  in  the  name  of  the  City  of  Indianapolis,  Trustee, 


May  1,7.  1926]  city  of  Indianapolis,  ind.  1.51 


such  deposits  to  bear  interest  in  favor  of  such  city,  trustee,  at  the 
rate  of  3%  per  annum  or  more  if  obtainable. 

Section  9.  That  it  shall  be  the  duty  of  the  City  Treasurer  to 
forthwith  comply  with  such  order  of  the  Mayor  as  prescribed  in  the 
next  preceding  section  hereof  and  in  case  the  Mayor  should  fail  to 
forthwith  make  such  order  then  the  City  Treasurer  shall  immediately 
deposit  such  moneys  in  a  similar  bank  or  trust  company,  banks  or 
trust  companies  of  his  own  chosing  in  the  name  of  the  City  of  Indi- 
anapolis, Trustee,  at  the  rate  of  3%  interest  per  annum  in  favor  of 
such  city,  trustee,  or  more,  if  the  same  be  obtainable.  The  City 
Treasurer  shall  forthwith  honor  all  legal  warrants  and  orders  by  the 
Controller  on  any  sums  so  deposited. 

Section  10.  That  it  is  hereby  declared  that  such  funds  so 
deposited  in  the  name  of  the  City  of  Indianapolis,  Trustee,  shall 
together  with  the  interest  theron,  be  held  by  such  Trustee  in  trust 
for  the  purposes  to  which  they  have  been  dedicated  and  should  any 
interest  thereon  be  unclaimed  by  the  specific  creditors  or  cestui  que 
trusts  of  such  funds  or  any  parts  thereof,  then  it.  shall  be  the  duty 
of  the  city  to  apply  the  same  to  any  deficiencies  in  the  Barrett  Law 
fund  to  meet  principal  or  interest  on  bonds  theretofore  issued  for 
the  payment  of  public  improvements. 

Section  11.  That  should  for  any  reason  the  funds  and  moneys 
herein  mentioned  not  be  deposited  as  required  by  this  ordinance  yet 
any  interest  earned  thereon  shall  be  the  property  of  said  City  as 
Trustee. 

Section  12.  That  it  shall  be  the  duty  of  the  City  Treasurer  to 
report  daily  in  writing  to  the  Controller  of  all  such  funds  and 
moneys  so  received  by  him  as  such  treasurer,  if  any  are  so  received. 

Section  13.  That  should  any  part  or  parts  hereof  be  or  become 
invalid  yet  such  invalidity  shall  not  affect  the  validity  of  any  other 
part  of  section  of  this  ordinance. 

Section  14.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 

By  Mr.  Bartholomew: 

GENERAL  ORDINANCE  NO.  33,  1926. 

SWITCH  CONTRACT 

AN  ORDINANCE,  granting  to  the  Link  Realty  Company  the  right 
to  lay  and  maintain  a  sidetrack  or  switch,  from  the  east  line 
of  Koehne  Street  to  the  west  line  of  Koehne  Street,  according 
to  the  blueprint  attached  hereto,  in  the  City  of  Indianapolis, 
Indiana. 

WHEREAS,  the  Link  Realty  Company,  a  corporation  of  Indian- 
apolis, Marion  County,  Indiana,  desires  the  right  to  lay,  maintain, 
and  operate  a  sidetrack  across  Koehne  Street,  a  public  highway,  in 
the  City  of  Indianapolis,  Marion  County,  Indiana,  said  sidetrack  to 


152  journal  of  common  council         [Regular  Meeting 


run  from  the  east  line  of  said  Koehne  Street  to  the  west  line  of  said 
Koehne  Street,  as  per  the  blueprint  hereto  attached,  and  which  is  for 
identification,  marked  "Exhibit  A;"  and 

WHEREAS,  on  the  15th  day  of  April,  1926,  the  said  Link 
Realty  Company  filed  its  petition  before  the  Board  of  Public  Works 
in  the  City  of  Indianapolis,  Indiana,  as  follows: 

To  the  Honorable  Roy  C.  Shaneberger, 
Honorable  L.  H.  Trotter, 
Honorable  Oren  S.  Hack, 

Members    of   the    Board    of   Public    Works    of    Indianapolis, 
Indiana: 

Gentlemen — We,  the  owners  of  the  property  bounded  on  the 
north  by  Market  Street,  on  the  east  by  Harding  Street,  on  the  west 
by  Koehne  Street,  and  running  south  from  Market  Street  to  the 
right  of  way  of  the  C.  I.  &  W.  and  P.  E.  Railway  Company,  in  the 
City  of  Indianapolis,  Indiana,  hereby  respectfully  petitions  your 
Honorable  Board  for  authority  to  construct  a  switch  east  and  west 
across  Koehne  Street,  in  said  city,  for  the  following  reasons,  towit: 

1.  The  switch  for  which  we  petition  was  originally  across 
the  street,  but  owing  to  the  improvement  or  lowering  of  the 
street  by  reason  of  the  elevation  of  the  railroad  tracks  across 
Koehne  Street,  it  became  and  was  necessary  to  make  such  an 
approach  on  Koehne  Street  both  from  the  south  and  north  of 
said  elevation,  that  it  left  the  switch  three  or  four  feet  above 
the  surface  of  the  street  as  it  was  afterwards  constructed,  and 
that  then  and  thereby  and  as  a  result  of  said  improvement  it 
became  and  was  necessary  to  remove  said  switch  across  said 
street. 

2.  The  necessity  for  the  maintenance  and  operation  of 
said  switch  still  remains,  and  your  petitioners,  by  and  through 
their  counsel,  now  respectfully  petition  for  permission  to  recon- 
struct said  switch  connecting  the  east  side  of  Koehne  Street  with 
the  west  terminus  of  the  switch  on  petitioner's  property  on  the 
east  side  of  Koehne  Street,  thus  re-establishing  the  switch  across 
said  street. 

3.  Your  petitioners  further  petition  for  permission  to 
construct  said  switch  at  their  expense,  and  they  agree  to  con- 
struct it  in  such  a  manner  and  form  and  under  such  terms  and 
conditions  as  may  be  imposed  on  them  by  the  City  of  Indian- 
apolis, by  its  Engineer. 

4.  That  inasmuch  as  Koehne  Street  is  now  proposed  to 
be  improved,  it  becomes  necessary  for  said  Engineer,  if  your 
Honorable  Board  will  grant  such  permission,  to  make  an  inspec- 
tion thereof  promptly,  and  report  back  to  your  Honorable  Board. 

5.  Your  petitioners  further  show  to  your  Board  that 
Koehne  Street  is  a  very  little  used  street,  and  that  there  is 
little  or  no  vehicular  traffic  over  the  same,  and  that  the  running 
of  said  switch  will  not  impose  any  additional  burden  or  servi- 
tude upon  the  people  of  Indianapolis  or  the  adjacent  property 
owners. 


Mav  17.  1926]  city  of  indianapolis.  ind.  153 


6.  That  in  support  of  the  contentions  of  your  petitioners 
herein  the  petitioners  file  herewith  and  make  a  part  hereof, 
and  for  certainty  marked  as  "Exhibit  A,"  a  blueprint  of  the 
right  of  way  of  said  railroad,  of  the  streets  contiguous  to  the 
proposed  street  and  containing  a  general  outlay  of  the  com- 
munity and  proposed  switch. 

7.  Your  petitioners  further  show  that  if  said  switch  can 
i  be  reconnected  they  have  in  mind  certain  negotiations  for  an 
.         industrial  establishment  at  that  point,  but  on  account  of  the 

situation  as  outlined  in  "Exhibit  A"  they  cannot  complete  said 
negotiations  and  cannot  secure  an  outlet  which  they  formerly 
had  from  the  people,  and  under  present  conditions  cannot 
secure  any  outlet  for  the  proposed  purchasers  or  purposes  in 
the  use  of  said  switch,  unless  said  switch  is  built  across  Koehne 
Street  as  it  originally  existed. 

8.  Your  petitioners  further  say  that  they  will  do  and 
abide  all  reasonable  rules  and  restrictions  concerning  the  estab- 
lishment and  maintenance  and  operation  of  said  switch. 

THE  LINK  REALTY  COMPANY,  A  CORPORATION, 

By  JOSEPH  A.  COHEN,  Pres. 

NOW  THEREFORE,  this  agreement,  made  and  entered  into 
this  15th  day  of  April,  1926,  by  and  between  the  Link  Realty  Com- 
pany, of  the  City  of  Indianapolis,  County  of  Marion,  State  of 
Indiana,  party  of  <jthe  first  part ;  and  the  City  of  Indianapolis,  by  and 
through  its  Board  of  Public  Works,  party  of  the  second  part; 

WITNESSETH:  That  the  party  of  the  first  part  being  desirous 
of  securing  a  right  of  way  for  a  sidetrack  or  switch  from  the  east 
line  of  Koehne  Street,  in  the  City  of  Indianapolis,  Marion  County, 
Indiana,  to  the.  west  line  of  Koehne  Street,  in  said  city  and  state, 
said  switch  to  reach  at  its  termini  across  said  street  and  sidewalk 
thereof,  and  to  be  connected  with  the  tracks  of  the  party  of  the  first 
part  on  the  property  of  the  party  of  the  first  part,  on  the  east  and 
west  boundaries  of  said  Koehne  Street; 

WITNESSETH:  That  the  party  of  the  first  part  being  desirous 
of  securing  such  right  of  way  for  such  switch  or  track,  hereby 
covenants  and  fully  binds  itself,  its  successors,  legal  representatives 
and  assigns,  that,  in  consideration  of  the  grant  of  the  privileges  and 
authority  herein  given,  it  will  lay,  construct  and  maintain  said  track 
upon  the  terms  and  conditions  hereinafter  set  forth,  to-wit: 

(1)  It  shall  be  so  laid,  improved,  constructed,  and  kept  in  re- 
pair as  to  be  safe  for  persons  on  foot,  in  vehicles,  or  otherwise,  and 
shall  at  all  times  be  subject  to  the  reasonable  orders  of  the  Board 
of  Public  Works  of  the  City  of  Indianapolis,  Indiana. 

(2)  Said  track  and  switch  shall  be  laid  upon  such  grade  as 
shall  be  established  by  said  Board,  and  shall  be  put  down  under  its 
supervision  and  to  its  satisfaction  and  approval.  Said  track  shall  be 
raised  or  lowered  to  conform  to  any  grade  from  time  to  time  here- 
after established,  whenever  so  ordered  in  writing  by  said  Board,  and 
shall  be  made  to  conform  in  all  respects  with  any  ordinance  passed 
by  the  Common  Council  or  wth  any  resolution  or  resolutions  made 
by  said  Board,  for  the  elevation  or  depression  of  said  tracks. 


154  city  of  Indianapolis,  ind.  [Regular  Meeting 

(3)  The  crossing  where  said  track  intersects  said  Koehne 
Street  shall,  at  all  times,  be  kept  improved  and  in  repair  and  free 
from  obstructions  or  defects  of  any  kind.  No  car  or  cars  shall  be 
permitted  to  obstruct  such  crossing  or  to  be  thereon  except  for  such 
time  as  may  be  absolutely  necessary  in  moving  them  back  and  forthr 
and  they  shall  be  at  no  time  stopped  or  detained  thereon  in  such 
manner  as  to  obstruct  public  travel. 

(4)  Said  party  of  the  first  part  agrees,  upon  the  written  order 
of  said  Board,  made  for  any  good  cause  affecting  the  interest  of  the 
City  or  the  public  welfare,  to  take  up  and  remove  said  track,  and 
upon  said  party's  failure  so  to  do,  upon  such  notification  in  writing, 
of  ten  (10)  days,  to  promptly  pay  the  cost  of  having  the  same  done, 
and  the  party  of  the  first  part  hereby  releases  all  claims  for  damages 
whatsoever  that  may  arise  by  reason  of  such  removal;  and  in  remov- 
ing said  track  or  causing  the  same  to  be  done,  said  Board  shall  in 
no  wise  become  a  trespasser. 

(5)  The  party  of  the  first  part  agrees  to  pave  between  said 
tracks  to  the  entire  satisfaction  of  the  second  party,  and  in  case 
said  tracks  shall  be  or  become  out  of  repair  or  in  need  of  being 
reconstructed  or  become  in  any  way  defective  (of  which  fact  the  said 
Board  shall  be  the  exclusive  judge),  it  shall  be  the  duty  of  the  said 
party  of  the  first  part  to  promptly  repair  or  remove  same,  failing 
in  which,  after  notification  in  writing  of  ten  (10)  days,  said  Board 
shall  do  or  cause  to  be  done  at  the  expense  of  the  said  party  of  the 
first  part,  and  for  which  expense  and  cost  the  said  party  of  the  first 
part  shall  be  liable. 

(6)  The  said  party  of  the  first  part  herein  binds  himself  to 
hold  said  party  of  the  second  part  and  said  City  harmless  from  any 
and  all  claims  for  damages  growing  out  of  the  existence,  mainten- 
ance or  use  of  said  track,  and  to  pay  any  judgment,  with  costs, 
that  may  on  that  account  be  rendered  against  the  said  party  or  said 
city,  and  also  to  pay  all  necessary  expenses  that  may  be  incurred  by 
said  city  in  defending  against  any  such  claims. 

(7)  Any  violations  of  any  of  the  provisions  of  this  instrument 
by  said  party  of  the  first  part,  or  by  any  one  for  it  or  at  its  instance 
or  with  its  permission,  shall  operate  as  an  immediate  and  absolute 
forfeiture  of  the  privileges  and  authority  given  or  granted  by  the 
contract,  provided,  however,  that  the  same  may  be  terminated  by 
said  Board  as  hereinafter  set  forth. 

(8)  That  said  track  and  switch  shall  be  built  under  and  pur- 
suant to  the  blueprint  and  plat  which  is  attached  hereto,  made  a 
part  hereof,  and  for  certainty  marked  "Exhibit  A." 


May  17,  19261  journal  of  common  council  155 


IN  WITNESS  WHEREOF,  we  have  hereunto  set  our  hands  and 
seals  this  15th  day  of  April,  1926. 

THE  LINK  REALTY  COMPANY, 

By  Joseph  A.    Cohen,   President 
Benjamin   Cohen,    Secretary 
Party  of  the  First  Part. 
Witness: 

G.  W.  Jacque. 

CITY  OF  INDIANAPOLIS, 

By  R.  C.  Shaneberger,  President 
R.  C.  Trotter 
Orin  S.  Hack, 

Board  of  Public  Works. 
Party  of  the  Second  Part. 

AND  WHEREAS,  said  contract  has  been  submitted  by  the 
Board  of  Public  Works  to  the  Common  Council  of  the  'City  of 
Indianapolis,  Indiana,  for  its  consideration  and  action,  now  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City 
of  Indianapolis,  Indiana,  that  such  contract  above  set  forth  be  and 
the  same  is  hereby  in  all  things  confirmed  and  approved. 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

OTIS   E.   BARTHOLOMEW. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  City  Welfare. 

By  Dr.  Todd : 

GENERAL  ORDINANCE  NO.  34,  1926 

AN  ORDINANCE  to  amend  Section  760  of  General  Ordinance  No. 
121,  known  as  "Municipal  Code  of  Indianapolis,  1925"  and  en- 
titled "An  Ordinance  concerning  the  Government  of  the  City  of 
Indianapolis,  providing  penalties  for  its  violation,  and  with 
stated  exceptions  repealing  all  former  Ordinances." 

Be  it  ordained  by  the  Common  Common  Council  of  the  City  of  Indi- 
anapolis, Indiana: 

SECTION  1.  That  Section  670  of  General  Ordinance  No.  121 
known  as  "Municipal  Code  of  Indianapolis,  1925"  and  entitled  "An 
Ordinance  concerning  the  governmet  of  the  City  of  Indianapolis, 
providing  penalties  for  its  violation  and,  with  stated  exceptions  re- 
pealing all  former  ordinances"  be  amended  to  read  as  follows: 

"Section  670.  Right  of  Way.  (a)  Fire  Department  vehicles, 
Police  Department  vehicles,  Salvage  Corps  vehicles,  U.  S.  Mail  ve- 
hicles, Emergency  Ambulances,  both  public  and  private,  and  Emer- 
gency Repair  vehicles  of  all  public  utility  companies  and  funeral 
processions  shall  have  the  right  of  way  over  all  traffic  in  any  street 
or  other  public  place  and  through  any  procession  provided  however, 
that  the  Fire  and  Police  Department  vehicles  shall  have  the  right 
of  way  over  every  other  kind   of  traffic  whatsoever  and   provided, 


156  city  of  inmanai'olis.  ini).  [Regular  Meeting 


further,  that  the  Fire  Department  shall  have  the  right  of  way  over 
Police  Department  vehicles,  and  all  others  shall  have  right  of  way 
in  the  order  named. 

(b)  Traffic  from  the  right  shall  have  the  right-of-way  over 
traffic  from  the  left,  except  as  hereinafter  provided. 

(c)  Traffic  on  Washington  Street  and  all  boulevards  as  estab- 
lished by  the  Common  Council  or  the  Department  of  Park  Commis- 
sioners of  such  city,  shall  have  the  right-of-way  over  all  traffic  on 
other  streets  unless  hereinafter  otherwise   provided. 

(d)  Traffic  on  Massachusetts,  Indiana,  Kentucky  and  Virginia 
Avenues,  shall  have  the  right-of-way  over  all  traffic  on  other  streets. 

(e)  On  East  New  York  street,  from  the  Big  Four  Railroad 
tracks  to  Emerson  Avenue,  east  and  west  traffic  shall  have  the  right- 
of-way  over  the  north  and  south  traffic.  On  East  Michigan  Street 
from  the  Big  Four  Railroad  tracks  to  Emerson  Avenue,  the  east  and 
west  traffic  shall  have  the  right-of-way  over  the  north  and  south 
traffic.  On  East  Tenth  Street  from  the  Big  Four  Railroad  track  ele- 
vation to  Emerson  Avenue,  the  east  and  west  traffic  shall  have  the 
right-of-way  over  the  north  and  south  traffic.  On  West  Michigan 
Street  from  White  River,  west  to  the  City  limits,  east  and  west 
traffic  shall  have  the  right-of-way  over  the  north  and  south  traffic. 
On  Oliver  Avenue  from  White  River  west  to  the  City  limits,  the  east 
and  west  traffic  shall  have  the  right-of-way  over  the  north  and  south 
traffic.  On  Morris  Street  from  Shelby  Street  west  to  Eagle  Creek, 
the  east  and  west  traffic  shall  have  the  right-of-way  over  the  north 
and  south  traffic,  and  all  traffic  in  Harding  Street  at  the  intersection 
of  Morris  Street  shall  come  to  a  complete  stop  before  entering  into 
or  crossing  Morris  Street  at  the  intersection  of  Morris  and  Harding 
Streets.  On  Capitol  Avenue  from  Washington  Street  to  Maple  Road 
Boulevard,  the  north  and  south  traffic  shall  have  the  right-of-way 
over  the  east  and  west  traffic.  On  Meridian  Street  from  Washington 
Street  to  the  canal  the  north  and  south  traffic  shall  have  the  right- 
of-way  over  the  east  and  west  traffic. 

(f)  All  vehicles,  city  and  interurban  cars  approaching  any  of 
the  following  named  streets  and  avenues  shall  come  to  a  complete 
stop  before  continuing  into  or  across  the  same :  North  Capitol  avenue 
from  Washington  Street  to  Fiftieth  Street;  Meridian  Street  from 
Washington  Street  to  Canal;  East  New  York  Street  from  the  Big 
Four  Railroad  tracks  to  Emerson  Avenue;  Marlowe  Avenue  from 
Dorman  Street  to  Randolph  Street;  East  Michigan  Street  from  the 
Big  Four  Railroad  tracks  to  Emerson  Avenue;  Washington  Street 
from  the  city  limits  on  the  east  to  the  city  limits  on  the  west;  Maple 
Road  Boulevard  from  Northwestern  Avenue  to  Fall  Creek  and  Fall 
Creek  Boulevard  north;  Clifton  Street  from  Roache  Street  to  and  in- 
cluding Thirty-Sixth  Street.  The  above  named  streets  and  avenues 
as  set  out  in  this  sub-section  (f )  are  hereby  declared  to  be  prefer- 
ential streets  for  the  purpose  of  regulating  traffic  upon  or  crossing 
over  the  same. 

(g)  At  street  intersections  where  silent  policemen  are  placed, 
vehicles  entering  such  intersection  shall  not  cross  the  center  of  such 
intersecting  streets,  if  at  such  time  another  vehicle  is  approaching 
from  its  right  and  about  to  cross  its  path,  and  is  at  a  point  within 


May  17,  1926]  journal  of  common  council  157 


three  (3)  feet  of  such  intersection.  Such  vehicle  at  the  right  unless 
herein  otherwise  provided,  shall  have  the  right-of-way  over  such  other 
vehicle. 

(h)  The  driver  of  any  vehicle  on  the  approach  of  any  fire  or 
police  apparatus  shall  immediately  drive  said  vehicle  to  the  curb  at 
the  right  hand  of  the  driver  and  stop  such  vehicle  until  such  appar- 
atus is  passed. 

(i)  No  vehicle  shall  follow  closer  than  three  hundred  (300) 
feet  of  any  fire  apparatus  while  the  same  is  answering  an  alarm  of 
fire,  and  shall  not  approach  said  fire  apparatus,  or  park  said  vehicle 
within  six  hundred  (600)  feet  of  the  same  after  said  apparatus  has 
arrived  and  stopped  at  the  destination  of  a  fire. 

(j)  Street  cars,  upon  the  approach  of  such  fire  or  police  ap- 
paratus shall  be  stopped  immediately,  if  between  a  street  intersection. 

(k)  The  driver  of  any  vehicle  shall  not  enter  any  street  inter- 
section, if  police  or  fire  apparatus  is  approaching  such  street  inter- 
section within  a  distance  of  three  hundred  (300)  feet." 

SECTION  TWO  This  ordinance  shall  be  in  full  force  and 
effect  from  and  after  its  passage  and  due  publication  a$  required 
by  law. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Safety. 

INTRODUCTION  OF  MISCELLANEOUS  BUSINESS 

Mr.  Albertson  presented  the  following  written 
motion : 

Indianapolis,  Ind.,  May  17,  1926. 
Mr.  President:  I  move  that  the  President  of  the  Council,  ap- 
point a  committee  to  work  in  conjunction  with  the  Board  of  Safety 
in  trying  to  get  better  protection  at  the  following  R.  R.  crossings 
at  25th  and  C.  I.  &  L.  Ry.  Co.,  L.  E.  &  W.  R.  R.  Co.,  N.  Y. 
C.  &  H.  R.  R.  Co. 

O.  RAY  ALBERTSON, 

Councilman. 

The  above  motion,  seconded  by  Mr.  Springsteen,  was 
unanimously  adopted  and  referred  to  the  Committee  on 
Public  Safety. 

ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
30  for  second  reading.    It  was  read  a  second  time. 

On  motion   of   Mr.   Bartholomew,   seconded   by   Dr. 


158  city  of  Indianapolis,  ind.  [Regular  Meeting 

Todd,  General  Ordinance  No.  30  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  30  was  read  a  third  time  and 
passed  by  the  following  vote: 

Ayes,  8,  viz. :  Messrs  Dorsett,  Todd,  Bartholomew, 
Springsteen,  Albertson,  Ferguson  and  President  Boynton 
J.  Moore. 

On  motion  of  Mr.  Albertson,  seconded  by  Dr.  Todd, 
General  Ordinance  No.  26  was  stricken  from  the  files. 

At  this  time  Mr.  Bartholomew  addressed  the  Council 
as  follows :  "I  understand  there  have  been  some  hard  re- 
marks on  this  ordinance.  (General  Ordinance  No.  32). 
I  wish  to  notify  everyone  present  that  it  is  not  our  policy 
for  anyone  to  suspend  the  rules  to  pass  an  ordinance  or 
make  a  law  without  due  consideration.  You  will  find  that 
it  is  going  to  be  hard  to  pass  any  ordinance  under  sus- 
pension of  the  rules.  Now  there  are  some  citizens  who 
say  we  are  working  to  pass  this  ordinance.  I  want  to  say 
this — we  will  be  glad  at  any  time  to  be  investigated  on 
anything  on  all  of  our  actions  in  this  City  Council.  We 
are  for  the  City  of  Indianapolis  and  we  ask  your  co-opera- 
tion and  I  believe  we  can  make  Indianapolis  better  and 
bigger  so  please  don't  say  hard  things  of  matters  you 
know  nothing  about." 

A  representative  of  the  Irvington  Business  Men's  As- 
sociation addresed  the  Council  in  regard  to  Special  Ordi- 
nance No.  2  referring  to  the  extension  of  the  city  limits  to 
the  east  side  of  Arlington  Avenue  from  Washington 
Street  to  Tenth  Street. 

Mr.  Dorsett  notified  the  Council  that  there  would  be  a 
meeting  of  the  Committee  on  Public  Works  in  the  Council 
Chamber  at  one  o'clock  p.  m.  May  19. 


May  17,  1926]  jouknal  of  common  council 


159 


On  motion  of  Mr.  Bartholomew,  the  Common  Council 
of  the  City  of  Indianapolis  adjourned  at  8:30  o'clock  p. 


m. 


Attest : 


sl/xAUtz^  Cl<  /C^^^, 


City  Clerk. 


May  28,  1926]  city  of  Indianapolis,  ind.  161 

SPECIAL  MEETING 

Friday,  May  28,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  May  28,  1926,  at  7:30  p.  m.,  in 
special  session,  President  Boynton  J.  Moore  in  the  chair, 
pursuant  to  the  following  call : 

May  26,   1926. 

To  the  Members  of  the  Common  Council,  Indianapolis,  Indiana: 

Gentlemen — You  are  herby  notified  that  there  will  be  a  special 

meeting-  of  the  Common  Council  held  in  the   Council   Chamber  on 

Friday,  May  28,  1926,  at  7:30  p.  m. 

The  purpose  of  such  meeting  being  to  receive  the  introduction 

of  ordinances  effecting  daylight  saving,  inspector  of  detectives,  and 

market  master  and  for  the  consideration  of  General  Ordinances  Nos. 

31  and  33  and  Special  Ordinance  No.  2,  1926. 

Respectfully, 

BOYNTON  J.   MOORE. 

I,  William  A.  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served 
the  above  and  foregoing  notice  to  each  and  every  member  of  the 
Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WILLIAM  A.  BOYCE, 

City  Clerk. 

Which  was  read. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and 
seven  members,  viz. :  Walter  R.  Dorsett,  Claude  E.  Neg- 
ley,  O.  Ray  Albertson,  Dr.  Austin  H.  Todd,  Otis  E.  Bar- 
tholomew, Robert  E.  Springsteen  and  Millard  W.  Fergu- 
son. 

Absent:   Edward  B.  Raub. 

COMMUNICATIONS    FROM    THE    MAYOR 

May  21,  1926.      __ 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and 
delivered  to  William  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance 
No.  30,  1926 — An  Ordinance,  transferring  the  sum  of  Two  Thous- 
sand  ($2,000.00)  Dollars  from  the  Garage  and  Motor  Fund  No.  33, 
Department  of  Public  Works,  and  reappropriating  the  same  to  Equip- 
ment Fund  No.  72,  Department  of  Public  Works,  and  recreating 
Equipment  Fund  No.  72,  Department  of  Public  Works,  in  so  far  as 
heretofore  it  may  have  been  defective,  and  fixing  a  time  when  the 
same  shall  take  effect. 

J.  L.  DUVALL, 

Mayor. 


162  journal  of  common  council         [Special  Meeting 

REPORT  FROM  SELECT  COMMITTEES 

Indianapolis,  Ind.,  May  28,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Special  Committee  to  whom  was  referred 
General  Ordinance  No.  31,  1926,  beg  leave  to  report  that  we  have 
had  said  ordinance  under  consideration,  and  recommend  that  the 
same  be  not  passed. 

M.  W.  FERGUSON 
WALTER  R.  DORSETT 
OTIS   E.    BARTHOLOMEW 
AUSTIN  H.  TODD 
O.  RAY  ALBERTSON. 

INTRODUCTION  OF  GENERAL  ORDINANCES 

By  Mr.  Bartholomew: 

GENERAL  ORDINANCE  NO.  35,  1926 

AN  ORDINANCE,  to  establish  daylight  saving  time  in  the  City  of 
Indianapolis,  declaring  that  Central  Standard  Time  shall  here- 
after be  advanced  one  hour  for  the  purpose  of  daylight  saving. 

WHEREAS  a  number  of  the  large  cities  of  the  United 
States  are  now  operating  under  daylight  saving  time,  and 

WHEREAS  there  have  been  a  great  many  requests  by  large 
manufacturers  and  citizens  of  Inaianapolis  that  the  Common 
Council  pass  an  ordinance,  and 

WHEREAS  the  use  of  daylight  saving  time  in  the  City  of 
Indianapolis  would  benefit  ana  convenience  a  large  number  of 
people, 

Now  Therefore,  Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Section  1.  That  Central  Standard  Time  shall  hereafter  be  the 
official  time  within  the  City  of  Indianapolis,  for  the  transaction  of 
all  City,  Official  and  Private  business,  except  that  at  2:00  o'clock 
a.  m.  from  the  first  Sunday  in  June  of  this  year  official  time  for  the 
City  of  maianapolis  shall  be  advanced  one  hour  and  at  2:00  o'clock 
a.  m.  on  the  last  Sunday  in  October  of  this  year  sfuch  official  time 
shall  by  the  retarding  of  one  hour  be  returned  to  Central  Standard 
Time;  that  at  2:00  o'clock  a.  m.  on  the  first  Sunday  in  May  until 
2:00  o'clock  a.  m.  of  the  last  Sunday  in  October  of  each  year  there- 
after such  official  time  shall  be  observed;  and  all  legal  or  official  pro- 
ceedings of  the  Common  Council  shall  be  regulated  thereby  and  when 
by  any  any  ordinance,  resolution  or  action  of  any  municipal  officer  or 
body  an  act  must  be  performed  at  or  within  a  prescribed  time  it 
shall  be  so  performed  according  to  such  official  time. 

Section  2.  All  clocks,  watches  or  other  time-pieces  in  or  upon 
public  buildings,  maintained  at  the  expense  of  the  City  of  Indian- 
apolis, shall  be  set  and  run  according  to  the  official  time  as  provided 


May  28,  1926]  city  of  Indianapolis,  ind.  163 


in  Section  1  hereof,  and  it  is  hereby  made  the  duty  of  the  officer  or 
person  having  control  of  such  building  and  premises  to  see  that  the 
said  clocks,  watches  or  other  time-pieces  are  set  or  run  in  accord- 
ance with  the  official  time  as  provided  by  this  ordinance. 

Section  3.  All  persons  residing  within  the  corporate  limits  of 
the  City  of  Indianapolis  and  all  persons,  firms  or  corporations  doing 
business  within  said  City  are  hereby  requested  to  set  and  run  any  and 
all  clocks,  watches  or  other  time-pieces  under  their  control  (within 
the  City)  in  accordance  with  the  official  time  as  provided  by  Section 
1  of  this  ordinance. 

Section  4.  This  ordinance  shall  be  in  full  force  and  effect  on 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  City  Welfare. 

By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  36,  1926 

AN  ORDINANCE,  to  amend  Sub-section  R,  entitled  Public  Market 
Division  under  Department  of  Public  Safety,  of  Section  608 
entitled  Designation  of  Officers  and  employees,  of  General 
Ordinance  No.  121,  1925,  being  an  ordinance  concerning  the 
government  of  the  city  of  Indianapolis,  providing  penalties  for 
its  violation  and  with  stated  exceptions  repealing  all  former 
ordinances. 

Be  it  ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  sub-section  R,  entitled  Public  Market  Division 
under  Department  of  Public  Safety,  of  Section  608  entitled  Designa- 
tion of  Officers  and  employees,  of  General  Ordinance  No.  121,  1925, 
be  amended  by  striking  out  of  said  sub-section  R  entitled  Public 
Market  Division  under  Department  of  Public  Safety,  of  Section  608 
entitled  Designation  of  Officers  and  employees,  of  General  Ordinance 
No.  121,  1925,  the  following  figures  and  words: 

"1.     Marketmaster  and  Custodian  of  Tomlinson  Hall." 

"2.     Assistant  Marketmaster." 

And  by  renumbering  the  various  positions  under  sub-section  R 
entitled  Public  Market  Division  under  Department  of  Public  Safety, 
of  Section  608  entitled  Designation  of  Officers  and  employees,  of 
General  Ordinance  No.  121,  1925,  so  as  to  conform  to  the  striking 
out  of  said  positions  of  Marketmaster  and  Custodian  of  Tomlinson 
Hall  and  Assistant  Marketmaster. 

Section  2.  That  the  offices  of  Marketmaster  and  Custodian  of 
Tomlinson  Hall  and  Assistant  Marketmaster  in  the  Division  of  Public 
Market  under  the  Department  of  Public  Safety  of  the  City  of  In- 
dianapolis are  hereby  abolished. 


164  joulnal  op  common  council  [Special   Meeting 


Section  3.  That  the  duties  heretofore  performed  by  the  Mar- 
ketmaster  pnd  Custodian  of  Tomlinson  Hall  and  Assistant  Market- 
master  are  hereby  transferred  to  the  Secretary  of  the  Board  of  Pub- 
lic Safety  of  the  City  of  Indianapolis  and  that  individual  is  hereby 
made  responsible  for  the  caretaking  of  said  Tomlinson  Hall  and 
Public  Market. 

Section  4.  That  said  sub-section  R  entitled  Public  Market 
Division  under  Department  of  Public  Safety,  of  Section  608  entitled 
Designation  of  Officers  and  employees  ,of  General  Ordinance  No. 
121,  1925,  shall  be  amended  to  read  as  follows: 

(r)      Public     Market    Division     under    Department    of    Public 
Safety: 

1.  Two  Watchmen. 

2.  Six  Janitors. 

3.  Matron. 

4.  The  Secretary  of  the  Board  of  Public  Safety  of  the 
City  of  Indianapolis  is  hereby  made  responsible  for 
the  custody  of  Tomlinson  Hall  and  the  management 
of  the  Public  Market. 

Section  5.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Safety. 

By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  37,  1926 

AN  ORDINANCE,  to  amend  Sub-section  L  entitled  Department  of 

Public  Safety  of  Section  687  entitled  Salaries,  Compensation 
fixed,  of  General  Ordinance  No.  121,  1925,  being  an  ordinance 
concerning  the  government  of  the  City  of  Indianapolis,  provid- 
ing penalties  for  its  violation  and  with  stated  exceptions  repeal- 
ing all  former  ordinances. 

Be  it  ordained  by    the    Common    Council    of    the    City    of    Indianapolis, 

Indiana: 

Section  1.  That  Sub-section  L  entitled  Department  of  Public 
Safety  of  Section  687  entitled  Salaries,  Compensation  Fixed,  of 
General  Ordinance  No.  121,  1925,  be  amended  by  changing  item  2 
to  read  as  follows:  "2.  Secretary — Three  Thousand  Dollars  per 
year." 

Section  2.  That  the  increased  compensation  hereby  granted 
to  the  Secreetary  of  the  Board  of  Public  Safety  is  to  compensate 
the  said  Secretary  of  the  Board  of  Public  Safety  for  his  increased 
duties  by  reason  of  the  passage  of  General  Ordinance  No.  36,  1926, 
assigning  to  him  the  duties  formerly  performed  by  the  Marketmaster 
and  Custodian  of  Tomlinson  Hall  and  his  assistant  whereby  a  saving 


May  28,  1926]  city  of  indianapolis.  ind.  165 


is  effected  by  reason  of  such  reassignment  of  duties  and  increase  in 
salary  of  the  said  Secretary  of  the  Board  of  Public  Safety  totalling 
Three  Thousand  ($3,000.00)   Dollars  per  year. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 

By  Dr  Todd: 

GENERAL  ORDINANCE  NO.  38,  1926. 

AN  ORDINANCE,  amending  Section  A-707  and  subdivision  (a) 
thereof  of  General  Ordinance  No.  137,  1924,  an  ordinance  pro- 
viding for  the  revision,  codification  and  publication  of  certain 
ordinances  of  the  City  of  Indianapolis,  Indiana,  and  for  the 
appointment  of  three  lawyers  to  prepare  and  index  the  same, 
and  appropriating  money  to  defray  the  expense  thereof. 

Be  it  ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  Section  A-707  of  General  Ordinance  No.  137, 
1924,  providing  for  the  revision,  codification  and  publication  of 
certain  ordinances  of  the  City  of  Indianapolis,  Indiana,  and  for  the 
appointment  of  three  lawyers  to  prepare  and  index  the  same,  and 
appropriating  money  to  defray  the  expense  thereof,  be  amended  so 
that  said  Section  A-707  shall  read  as  follows: 

Section  A-707.  (a)  That  immediately  under  and  over  each 
stud  partition  in  third  class  buildins  there  shall  be  two  inch  wooden 
plates.  All  partitions  shall  be  fire-blocked  midway  between  each  floor 
and  ceiling  with  approved  metal  fire-blocking  thoroughly  fastened. 

(b)  All  sewer  piping,  water,  gas  or  other  piping  shall  be 
thoroughly  fire-blocked  at  the  floor  and  ceiling  and  midway  between 
the  floor  and  ceiling  when  such  pipes  run  up  through  any  partitions 
or  walls  of  combustible  construction.  All  furnace  pipes  shall  be 
fire-blocked.  Furnace  piping  shall  have  metal  wings  riveted  to  the 
pipes  of  sufficient  size  that  the  wing  can  be  nailed  to  the  studdings 
and  completely  close  off  and  block  the  air  space  between  the  stud- 
ding. At  least  one  (1)  inch  of  plastering  shall  be  placed  over  such 
fire-blocking  to  make  the  same  air  tight.  Special  formed  metal  fire- 
blocking,  or  other  approved  blocking  shall  be  used  around  other 
piping  and  the  same  covered  with  plastering. 

Section  2.  That  all  ordinances  and  part  of  ordinances  in  con- 
flict herein  are  now  repealed. 

Section  3.  That  this  ordinance  shall  be  in  force  and  effect 
immediately  from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Law  and  Judiciary 


166  journal  of  common  council  [Special   Meeting 


ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  Special  Ordinance  No.  2, 
1926,  for  second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Albertson,  seconded  by  Mr.  Bar- 
tholomew, Special  Ordinance  No.  2  was  ordered  stricken 
from  the  files. 

Mr.  Dorsett  called  for  General  Ordinance  No.  31, 
1926,  for  second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr. 
Dorsett,  General  Ordinance  No.  31,  1926,  was  ordered 
stricken  from  the  files. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  the  Committee  having  charge  of  General  Ordi- 
nance No.  33,  1926,  was  allowed  further  time  for  con- 
sideration. 

President  Moore  of  the  Council  opened  the  meeting 
to  public  discussion  on  General  Ordinance  No.  35,  1926, 
which  proposed  to  establish  daylight  saving  time  in  the 
city  limits. 

A  general  discussion  was  had  for  and  against  General 
Ordinance  No.  35,  1926,  by  citizens  who  were  present  to 
represent  various  manufacturing  concerns,  labor  organ- 
izations, clubs,  etc. 

Mr.  Bartholomew  moved  to  suspend  the  rules  for  the 
consideration  of  General  Ordinance  No.  35,  1926,  but 
withdrew  his  motion  with  the  consent  of  the  second. 

President  Moore  then  announced  that  there  would  be 
a  special  meeting  of  the  Common  Council  held  Saturday, 
May  29,  1926,  at  9:30  a.  m.  and  instructed  the  Clerk  to 
have  the  Sergeant  of  Arms  to  so  notify  each  member  of 
the  Council. 


May  28,  1926] 


CITY    OF   INDIANAPOLIS.    IND. 


167 


•      The  Common  Council  of  the  City  of  Indianapolis,  at 
9:25  p.  m.,  adjourned. 


n*2>jt*^£iy 


President. 


Attest 


>xl^*^  U .  /^^c^-« 


City  Clerk. 


May  29,  1926]  city  of  indianapolis.  ind.  169 

SPECIAL  MEETING 

Saturday,  May  29,  192,6,  9:30  a.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Saturday,  May  29,  1926,  at  9:30 
a.  m.,  in  special  session,  President  Boynton  J.  Moore  in 
the  chair,  pursuant  to  the  following  call : 

To  the  Members  of  the  Common  Council,  Indianapolis,  Indiana: 

Gentlemen — You  are  hereby  notified  that  there  will  be  a  special 
meeting  of  the  Common  Council  held  in  the  Council  Chamber  on 
Saturday,  May  29,  1926,  at  9:30  a.  m. 

The  purpose  of  such  meeting  being  for  the  reconsideration  of 
the  Daylight  Saving  Ordinance. 

Respectfully, 

BOYNTON  J.  MOORE. 

I,  William  A  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served 
the  above  and  foregoing  notice  to  each  and  every  member  of  the 
Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WILLIAM  A.  BOYCE, 

City  Clerk. 

Which  was  read. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and  six 
members,  viz. :  Otis  E.  Bartholomew,  Walter  R.  Dorsett, 
Claude  E.  Negley,  Dr.  Austin  H.  Todd,  Robert  E.  Spring- 
steen and  Millard  W.  Ferguson. 

Absent:    Edward  B.  Raub  and  O.  Ray  Albertson. 

REPORTS  FROM  COMMITTEES 

Indianapolis,  Ind.,  May  29,   1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  City  Welfare  to  whom 
was  referred  General  Ordinance  No.  35,  1926,  entitled:  "To  establish 
daylight  saving  in  the  City  of  Indianapolis,"  beg  leave  to  report  that 
we  have  had  said  ordinance  under  consideration,  and  recommend  that 
the  same  be  passed. 

OTIS  E.  BARTHOLOMEW,  Chairman 

AUSTIN  H.  TODD 

ROBT.  E.  SPRINGSTEEN. 

ORDINANCES  ON  SECOND  READING 
On   motion   of   Mr.   Bartholomew,   seconded   by   Mr. 


170  journal  of  common  council         [Special  Meeting 

Dorsett,  General  Ordinance  No.   35,   1926,  was  read  a 
second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  35,  1926,  was  ordered 
engrossed,  read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  35,  1926,  was  read  a  third 
time  by  the  Clerk  and  passed  by  the  following  roll  call 
vote : 

Ayes,  six,  viz. :  Messrs.  Bartholomew,  Dorsett,  Todd, 
Ferguson,  Springsteen  and  President  Moore. 

Noes,  one,  viz. :    Mr.  Negley. 

On  motion  of  Mr.  Dorsett,  seconded  by  Mr.  Ferguson, 
the  Common  Council  of  the  City  of  Indianapolis,  Indiana, 
adjourned  at  10:20  a.  m. 

&  c/  President. 


Attest : 

City  Clerk. 


June  7,  1926]  city  of  Indianapolis,  ind.  173 


REGULAR  MEETING 

Monday,  June  7,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Monday,  June  7,  1926,  at  7:30 
p.  m.,  in  regular  session,  President  Boynton  J.  Moore  in 
the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore  and  eight  members, 
viz.:  Walter  R.  Dorsett,  Claude  E.  Negley,  Austin  H. 
Todd,  Otis  E.  Bartholomew,  Robert  E.  Springsteen,  O. 
Ray  Albertson,  Millard  W.  Ferguson  and  Edward  B. 
Raub. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Bartholomew. 

COMMUNICATIONS  FROM  THE  MAYOR 

June  2,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  returning  to  you  General  Ordinance  No.  35 
which  is  an  act  declaring  that  Central  Standard  Time  shall  hereafter 
be  advanced  one  hour  in  the  City  of  Indianapolis  for  the  purpose  of 
daylight  saving. 

The  matters  set  forth  in  this  ordinance  present  a  question 
which  was  in  vogue  during  the  war.  At  that  time  as  a  war  measure 
it  was  deemed  advisable  to  change  Central  Standard  Time  by  set- 
ting the  clocks  ahead  one  hour,  for  the  purpose  of  utilizing  the  early 
part  of  the  day  in  which  to  work  and  help  increase  production  to  the 
end  that  our  country  could  more  efficiently  aid  in  bringing  the  war 
to  a  successful  close. 

However,  in  my  mind  conditions  have  so  changed  that  it  is  not 
only  unnecessary  from  either  an  economical  or  business  point  of 
view  to  make  this  change  in  our  Central  Standard  Time,  which  is 
the  standard  time  universally  used  by  the  government,  and  so  has 
been  for  centuries  past. 

But  this  ordinance  will  work  a  serious  hardship  upon  a  great 
many  of  our  business  concerns  and  individuals  who  are  engaged  in 
a  business  which  already  requires  them  to  begin  operations  at  an 
early  hour  in  the  morning  and  completely  necessitates  a  change  in 
the  executive  management  of  their  business  policies. 

I  can  see  no  benefit  to  be  derived  from  this  ordinance,  therefore 


174  journal  of  common  council         [Regular  Meeting 


I  have  this  day  vetoed  the  ordinance  and  a  returning  it  to  you  within 
ten  days  from  the  day  upon  which  I  received  it. 

Respectfully  yours, 

JOHN  L.  DUVALL, 

Mayor. 

REPORTS  OF  COMMITTEES 

Indianapolis,  Ind.,  June  7,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — We  your  Committee  on  Public  Safety,  to  whom  was 
referred  General  Ordinance  No.  34,  1926,  entitled  "Making  Clifton 
Street  Preferential,"  beg  leave  to  report  that  we  have  had  said  or- 
dinance   under    consideration,    and    recommend    that    the    same    be 

CLAUDE  E.  NEGLEY,  Chairman 

AUSTIN  H.  TODD 

OTIS  E.  BARTHOLOMEW 

WALTER  R.   DORSETT 

M.  W.  FURGUSON 

Indianapolis,  Ind.,  June  3,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Law  and  Judiciary  to 
whom  was  referred  General  Ordinance  38,  1926,  amending  the  Build- 
ing Code,  beg  leave  to  report  that  we  have  had  said  ordinance  under 
consideration,  and  recommend  that  the  same  be  passed. 

AUSTIN  H.  TODD,  Chairman 
OTIS  E.  BARTHOLOMEW 
CLAUDE  E.  NEGLEY. 

Indianapolis,  Ind.,  June  7,  1926, 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  City  Welfare  to  whom  was 
referred  General  Ordinance  No.  33,  1926,  entitled  Sivi  Contract, 
beg  leave  to  report  that  we  have  had  said  ordinance  under  considera- 
tion, and  recommend  that  the  same  be  passed. 

OTIS  E.  BARTHOLOMEW,  Chairman 
AUSTIN  H.  TODD 
EDWARD   B.   RAUB 
ROBERT  E.  SPRINGSTEEN. 

INTRODUCTION  OF  GENERAL  ORDINANCES 

By  Mr.  Bartholomew: 

GENERAL  ORDINANCE  NO.  39,  1926 

AN  ORDINANCE,  to  amend  Section  4  of  General  Ordinance  No.  25, 
1926,  (as  amended)  passed  by  the  Common  Council  of  the  City 
of  Indianapolis  on  the  3rd  day  of  May,   1926,  and  signed  and 


June  7,  1926]  city  of  Indianapolis,  ind.  175 


approved  by  the  Mayor  on  the  12th  day  of  May,  1926,  entitled: 
"An  Ordinance  to  Regulate  the  use  and  distribution  of  coal  and 
coke,  in  the  City  of  Indianapolis;  To  provide  for  the  licensing  'of 
dealers  in  such  fuel  products  To  provide  for  delivery  tickets 
giving  the  weight  and  description  thereon ;  To  provide  for  truth- 
fully describing  such  products  and  advertising  and  selling;  Pre- 
scribing a  penalty  for  violation  thereof ;  Declaring  an  emergency 
and  designating  a  time  when  the  same  shall  take  effect." 

SECTION  4.  SERIAL  NUMBER,  FORM,  TRANSFER  AND  TERM 
OF  LICENSE.  Each  fuel  merchant's  license  shall  have  a  serial 
number  as  affixed  and  given  by  the  City  Controller,  which  Serial 
Number  may  be  retained  by  the  licensee  from  year  to  year,  pro- 
vided the  license  of  said  fuel  merchant  is  properly  renewed  and 
granted.  Said  license  shall  authorize  said  person,  firm,  corpora- 
tion or  association  to  engage  in  the  retail  business  of  the  fuel 
merchant  as  hereinbefore  set  out  and  defined,  for  a  period  of 
one  year  from  the  date  of  its  issuance.  No  license  shall  be 
granted  for  a  period  of  less  than  one  year,  and  the  full  year's 
license  fee  shall  be  paid  in  each  case.  Under  no  circumstances 
shall  any  license  be  transferable  or  assignable. 
BE  AMENDED  TO  READ  AS  FOLLOWS: 

Be  it  ordained  by    the    Common    Council    of    the    City    of    Indianapolis, 
Indiana: 

Section  1.  That  no  person,  firm,  corporation,  association  or 
organization  of  any  kind  shall  engage  in  the  distribution  or  retail 
sale,  or  in  offering  for  sale  or  distribution,  or  in  selling  and  distri- 
bution, or  in  selling  and  distributing  or  attempting  to  distribute  to 
the  ultimate  consumer,  within  the  City  of  Indianapolis,  any  bitumin- 
ous coal,  anthracite  coal  or  coke  (each  and  all  of  which  are  herein- 
after known  and  termed  as  fuel  and  such  person,  firm,  corporation, 
association  or  organization  shall  be  known  as  a  fuel  merchant) , 
without  having  first  duly  secured  a  license  for  that  purpose,  as  here- 
inafter provided  by  this  ordinance. 

PROVIDED  that  this  ordinance  shall  not  apply  to  the  sale  of 
fuel  to  licensed  and  regularly  licensed  coal  dealers  in  carload  lots, 
nor  to  the  sale  of  fuel  in  carload  lots  to  industries,  institutions,  firms, 
individuals,  or  other  purchasers  that  receive  delivery  of  such  fuel 
for  their  own  use  and  consumption,  without  it  being  necessary  to 
reweigh  for  proper  delivery  to  them,  and 

PROVIDED  FURTHER  that  this  ordinance  shall  not  apply  to 
so-called  basket  peddlers  selling  in  lots  of  less  than  one  hundred 
pounds. 

Section  2.  APPLICATION  FOR  A  LICENSE.  Any  person, 
firm,  corporation  or  association  desiring  to  conduct  or  engage  in  the 
business  of  a  fuel  merchant,  or  to  engage  in  the  sale  or  distribution 
of  coal  at  retail,  shall  make  application  in  writing  to  the  City  Con- 
troller for  a  license  so  to  do,  on  blanks  which  shall  be  supplied  for 
that  purpose,  specifying  and  giving  the  following  information : 

The  name  under  which  such  business  is  to  be  operated. 

The  address  of  the  principal  office  from  which  such  business  will 
be  conducted. 


176  journal  of  common  council  [Regular  Meeting 


Nature  of  the  obligation,  as  to  whether  or  not  the  applicant  is 
a  person,  firm,  corporation  or  association. 

The  name  of  the  owner  or  officers  of  such  organization. 

The  location  or  address  of  all  storage  or  delivery  yards. 

Location  of  scales  used  and  their  capacity;  Number  of  railroad 
switches,  and  the  name  of  the  railroads  serving  same. 

That  applicant  is  familiar  with  the  terms  of  this  ordinance 
regulating  the  sale  and  distribution  of  fuel. 

That  applicant  possesses,  leases  or  has  continuous  access  to 
sufficient  and  necessary  scales  and  weighing  facilities  that  have  been 
sealed  by  the  Inspector  of  Weights  and  Measures. 

Section  3.  LICENSE  FEE.  The  license  fee  for  a  fuel  mer- 
chant's license,  as  contemplated  in  this  ordinance,  shall  be  $50,  plus 
$15  for  each  and  every  additional  branch,  delivery  yard  and  office 
operated  and  maintained  for  the  sale  and  distribution  of  coal.  All 
moneys  received  from  the  sale  of  such  licenses  shall  be  placed  to  the 
credit  and  use  of  the  current  expense  fund  of  this  city. 

Section  4.  SERIAL  NUMBER,  FORM,  TRANSFER,  AND 
TERM  OF  LICENSE.  Each  fuel  merchant's  license  shall  have  a 
serial  number  as  affixed  and  given  by  the  City  Controller  which  serial 
number  may  be  retained  by  the  licensee  from  year  to  year,  provided 
the  license  of  said  fuel  merchant  is  properly  renewed  and  granted. 
Said  license  shall  authorize  such  person,  firm,  corporation  or  associa- 
tion to  engage  in  the  retail  business  of  a  fuel  merchant  as  herein- 
before set  out  and  defined  for  a  period  of  one  year  beginning  on  the 
first  day  of  January  and  ending  on  the  31st  day  of  December  of  each 
year,  excepting,  however,  the  year  1926,  which  license  or  licenses 
shall  date  from  the  first  day  of  July,  1926,  until  the  31st  day  of 
December,  1926.  Such  license  fees  for  this  year  shall  be  paid  for 
the  full  year.  No  license  shall  be  granted  for  a  period  of  less  than 
one  year,  and  the  full  year's  license  fee  shall  be  paid  in  each  case. 
Under  no  circumstances  shall  any  license  be  transferable  or  assign- 
able. 

Section  5.  DISPLAYING  LICENSE.  Each  licensee  operat- 
ing under  this  ordinance,  shall  place  and  maintain  conspicu- 
ously upon  each  delivery  vehicle  used,  the  serial  number  of  said 
license,  and  the  name  of  the  individual,  firm,  corporation,  or  associa- 
tion, in  letters  and  figures  no  less  than  three  inches  in  height. 

Section  6.  DELIVERY  TICKETS  AND  DUTIES.  It  shall 
be  unlawful  for  any  person,  firm,  corporation  or  associa- 
tion to  sell  or  deliver,  or  attempt  to  sell  or  deliver  within 
the  city,  any  coal  or  coke,  without  providing  the  driver  of 
the  wagon  or  other  conveyance  containing  any  such  fuel, 
with  a  duplicate  delivery  ticket  for  each  lot  of  fuel  contained 
therein,  and  without  each  of  said  duplicate  tickets  bearing 
thereon  clearly,  plainly  and  legibly,  each  of  the  following  items 
pertaining  to  the  lot  of  fuel  in  said  wagon  or  conveyance  to  which 
said  tickets  shall  relate:  (a)  The  date  of  such  delivery;  (b)  The 
name  and  address  of  the  person,  firm,  corporation  or  association  sell- 
ing and  delivering  or  attempting  to  sell  or  deliver  such  fuel;  (c) 
The  name  or  identifying  initials  of  the  party  who  weighed  it;  (d) 
The  total  weight  of  said  wagon  or  conveyance  and  its  contained  fuel; 
(e)  The  net  weight  of  said  fuel;  (f)  The  name  and  address  of  the 
person,  firm,  corporation  or  association  to  whom  such  fuel  is  to  be 


June  7,  1926]  city  of  Indianapolis,  ind.  177 


delivered;  (g)  Either  the  true,  usual  and  customary  name  of  such 
fuel,  or  the  name  of  the  state  from  which  it  comes,  together  with 
the  name  or  number  of  the  district,  mine  or  seam  from  which  it  was 
mined;  (h)  A  description  which  will  clearly  indicate  the  size  of  its 
preparation  and  the  character  of  its  preparation  (i.  e.  whether  six- 
inch  lump,  four-inch  lump,  egg,  nut,  pea,  mine  run,  shoveled  lump, 
slack  or  screenings,  etc.)  Before  unloading  any  of  a  lot  of  fuel  there- 
from, it  shall  be  the  duty  of  the  driver  of  said  wagon  or  conveyance 
to  deliver  one  of  such  duplicate  delivery  tickets,  pertaining  to  the 
lot  of  fuel  to  be  delivered,  to  the  purchaser  thereof,  or  to  the  party 
to  whom  delivery  thereof  is  to  be  made ;  and  upon  any  demand  or 
request  of  such  purchaser  or  party,  or  of  any  police  officer,  or  of  the 
Inspector  of  Weights  and  Measures  of  this  City  or  his  deputy,  it  is 
hereby  made  the  lawful  duty  of  said  driver  and  of  said  seller  to 
promptly  convey  said  loaded  wagon  or  conveyance  to  a  public  scale 
that  may  then  be  agreed  upon  by  the  parties  present  in  interest,  or, 
in  the  absence  of  such  agreement,  to  a  public  scale  selected  by  any 
such  officer  or  vendee  or  his  representative,  or  to  any  private  scale 
whose  owner  consents  to  the  provision  hereof,  where  said  driver 
shall  deliver,  to  any  such  officer,  or  to  the  person  in  charge  of 
said  scale,  one  of  said  duplicate  delivery  tickets,  and  where  the 
total  weight  of  said  wagon  or  conveyance  and  its  contained  fuel 
shall  be  ascertained,  and  to  thereupon  deliver  said  fuel  to  the  place 
where  its  delivery  is  to  be  made,  and  to  thereupon  forthwith  re- 
turn to  said  same  scale  and  permit  the  weight  of  said  wagon  or  con- 
veyance to  be  ascertained  and  the  verification  of  said  weights  shown 
by  said  delivery  ticket  completed. 

If,  upon  such  verification,  the  net  weight  of  such  fuel  as  shown 
by  said  ticket  pertaining  thereto,  be  found  true  and  correct,  such 
vendee  shall  pay  the  cost  of  and  incident  to  such  verification,  which 
cost  to  him  shall  at  no  time  exceed  one  dollar;  otherwise  such  cost 
shall  be  borne  by  the  vendor  of  said  fuel;  provided,  however,  that  in 
the  event  such  verification  discloses  the  net  weight  of  said  fuel  to  be 
incorrect  the  vendor  of  such  fuel  may,  within  24  hours  after  such 
verification,  duly  request  an  inspection  of  his  scale  and  the  scale  used 
in  such  verification,  and  if  such  inspection  discloses  that  the  scale 
of  said  vendor  was  correct  and  said  verification  scale  incorrect,  the 
owner  of  said  verification  scale  shall  pay  the  cost  of  said  verification 
and  inspection  of  both  said  scales;  and  provided  further,  that  if  both 
said  scales  be  found  by  said  inspection  to  be  inaccurate  in  any  sub- 
stantial respect,  in  the  judgment  of  said  inspector,  said  vendor  shall 
pay  the  cost  of  said  verification,  and  the  owner  of  each  of  said  scales 
shall  pay  the  cost  of  said  inspection  and  resealing  of  his  own  scales. 
This  section  shall  be  cumulative  with  all  other  ordinances  of  this 
city  and  of  the  laws  of  the  state  in  such  respects,  and  nothing  herein 
shall  be  construed  to  prevent  the  Inspector  of  Weights  and  Meas- 
ures or  his  deputies  from  making  inspections  in  their  regular  man- 
ner and  demanding  a  verification  at  any  time. 

Section  7.  Substitution  and  Mixing  Prohibited  and  Exceptions. 
The  substitution  or  mixing  of  fuel  is  hereby  declared  illegal  and  sub- 
ject to  the  penalties  provided  in  this  ordinance,  except  when  the  fuel 
has  been  sold  as  such  and  is  correctly  understood  by  the  purchaser, 
?nd  clearly  indicated  on  the  delivery  ticket  as  provided  in  Section 
6  of  this  ordinance. 


178  journal  of  common  council         [Regular  Meeting 


Section  8.  DESCRIBING  AND  ADVERTISING  FUEL.  It 
is  hereby  declared  unlawful  for  any  person,  firm,  corpora- 
tion or  association  to  sell,  offer  for  sale,  to  deliver,  or 
attempt  to  deliver,  or  to  advertise  in  any  newspaper,  circular, 
letter,  handbill,  or  to  advertise  in  any  way,  any  coal,  coke 
or  fuel  by  any  name  which  is  not  true,  usual  and  customary 
name  of  such,  fuel;  or  without  giving  either  th&  'true,  usual 
and  customary  name  of  such  fuel,  or  the  name  of  the  state  from 
which  it  comes,  together  with  the  name  or  number  of  the  district, 
mine  or  seam  from  which  it  was  mined,  and  also  a  description 
which  will  indicate  the  size  of  its  preparation,  and  the  character  of 
its  preparation,  (i.  e.  whether  six-inch  lump,  four-inch  lump,  egg,  nut, 
pea,  mine  run,  shovelled  lump,  slack  or  screening  etc.) 

Section  9.  RECORD  OF  TARE  WEIGHTS.  Every  licensee 
operating  under  this  ordinance  shall  compute  delivery  ticket 
weight  by  using  the  last  tare  weight  of  delivery  equipment  taken 
at  least  once  a  day  for  every  day  of  dry  weather  and  twice 
a  day  in  rainy  or  wet  weather;  daily  record  of  tare  weights 
of  equipment  to  be  kept  for  reference  by  dealer,  covering  a 
period  of  the  past  ten  days  at  all  times;  all  dealers'  daily  tare 
weight  records  of  hauling  equipment  to  be  subject  to  inspec- 
tion  of  City  Inspector  of   Weights   and   Measures   or  his   deputies. 

Section  10.  PENALTIES  PRESCRIBED.  Any  individual, 
firm,  corporation  or  association  who  shall  violate  any  provision 
of  this  ordinance,  shall,  upon  conviction  for  the  first  offense  be 
subject  to  a  fine  of  not  less  than  Twenty-five  ($25.00)  Dollars, 
nor  more  than  One  Hundred  ($100.00)  Dollars,  and  for  the  sec- 
ond or  any  subsequent  offense,  be  subject  to  a  fine  of  not  less 
than  $50.00  nor  more  than  $200.00  and  such  license  shall  be 
revoked.  Each  individual  scale  or  transaction  of  any  quanity  shall 
constitute  a  separate  and  distinct  offense. 

Section  11.  REPEALING  ORDINANCES  WHICH  CONFLICT. 
All  ordinances  or  parts  of  ordinances  which  may  be  in  conflict  with 
this  ordinance,  are,  insofar  as  they  so  conflict,  hereby  repealed. 

Section  12.  CONSTITUTIONAL  PROVISION.  If  any  section 
or  part  of  any  section  of  this  ordinance  shall  be  declared  unconstitu- 
tional by  a  Court  of  competent  jurisdiction,  then  the  remainder  shall 
not  be  affected  thereby,  and  as  to  such  other  provisions,  shall  con- 
tinue in  full  force  and  effect. 

Section     13.     EMERGENCY     DECLARED.     WHEREAS,     an 

emergency  has  been  declared  to  exist,  this  ordinance  shall  be  in  full 
force  and  effect  from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  City  Welfare. 

By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  40,  1926. 

AN  ORDINANCE,  to  amend  Section  865  Indianapolis  Building  Code 
of  1925,  of  General  Ordinance  No.  121,  known  as  Municipal  Code 
of  Indianapolis,  1925,  and  entitled  "An  Ordinance  Concerning 


June  7,  1926]  city  of  Indianapolis,  ind.  179 


the  Government  of  the  City  of  Indianapolis,  providing  penalties 
for  its  violation,  with  stated  exceptions  repealing  all  former  or- 
dinances." 

Now  Therefore,  Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 
Section  1.  That  Section  865  Indianapolis  Building  Code  of 
1925,  of  General  Ordinance  No.  121,  known  as  "Municipal  Code  of 
Indianapolis,  1925,"  be  amended  to  read  as  follows:  "Section  A- 
117.  Penalty.  Any  person,  firm  or  corporation  who  shall  violate 
any  of  the  provisions  of  this  ordinance  except  as  provided  in  specific 
exceptions  shall  be  deemed  guilty  of  misdemeanor  and  upon  convic- 
tion thereof  shall  be  fined  in  any  sum  not  less  than  Two  ($2.00) 
Dollars  and  not  more  than  Five  Hundred  ($500.00)  Dollars  for  each 
offense.  Each  day  any  violation  shall  continue  shall  be  a  separate 
offense." 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Law  and  Judiciary. 

By  Mr.  Ferguson: 

GENERAL  ORDINANCE  NO.  41,  1926. 

AN  ORDINANCE,  to  amend  General  Ordinance  No.  30,  1926,  pass- 
ed by  the  Common  Council  of  the  City  of  Indianapolis  on  the 
17th  day  of  May,  1926,  and  signed  and  approved  by  the  Mayor 
on  the  21st  day  of  May,  1926,  entitled:  "An  Ordinance  trans- 
ferring the  sum  of.  Two  Thousand  Dollars  ($2000.00)  from  the 
Garage  and  Motor  Fund  No.  33,  Department  of  Public  Works, 
and  reappropriating  the  same  to  Equipment  Fund  No.  72,  De- 
partment of  Public  Works,  and  recreating  Equipment  Fund 
No.  72,  Department  of  Public  Works  insofar  as  heretofore  it 
may  have  been  effective,  and  fixing  a  time  when  the  same  shall 
take  effect. 

"WHEREAS  the  City  of  Indianapolis,  through  its  author- 
ized agents  failed,  refused  and  neglected  at  the  time  of  the 
making  of  the  Appropriation  Budget  Ordinance  for  1926  to  set 
aside  any  funds  in  Equipment  Fund  No.  72,  Department  of 
Public  Works,  and 

"WHERAS  there  are  now  no  available  funds  in  the  De- 
partment of  Public  Works  in  Equipment  Fund  No.  72." 

Now  Therefore,  Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Section  1.  That  the  sum  of  Two  Thousand  Dollars  ($2,00C00) 
be  and  the  same  is  hereby  transferred  and  reappropriated  from 
Garage  and  Motor  Fund  No.  33,  Department  of  Public  Works,  to 
Equipment  Fund  No.  72,  Department  of  Public  Works 

Section  2.  That  Equipment  Fund  No.  72,  Department  of  Public 
Works,  is  hereby  recreated  and  made  such  fund. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage;" 


180  journal  of  common  COUNCIL  [Regular  Meeting 


be  amended  to  read  as  follows: 

"AN  ORDINANCE,  transferring-  the  sum  of  Two  Thousand  ($2,000.- 
00)  Dollars  from  the  Garage  and  Motor  Fund  No.  33,  Depart- 
ment of  Public  Works,  Street  Commissioner's  Unit,  and  reap- 
propriating-  the  same  to  Equipment  Fund  No.  72,  Department 
of  Public  Works,  Street  Commissioner's  Unit,  and  recreating- 
Equipment  Fund  No.  72,  in  the  Department  of  Public  Works, 
Street  Commissioner's  Unit,  insofar  as  heretofore  it  may  have 
been  effective  and  fixing  a  time  when  the  same  shall  take  effect. 

"WHEREAS,  the  City  of  Indianapolis  through  its  authorized 
agents  failed,  refused  and  neglected  at  the  time  of  the  making-  of  the 
Appropriation  Budget  Ordinance  for  1926  to  set  aside  any  funds  in 
the  Equipment  Fund  No.  72,  Department  of  Public  Works,  Street 
Commissioner's  Unit,  and 

"WHEREAS,  there  are  now  no  available  funds  in  the  Depart- 
ment of  Public  Works,  Street  Commissioner's  Unit,  in  Equipment 
Fund  No.  72, 

Now  Therefore,  Be  it  Ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Section  1.  That  the  sum  of  Two  Thousand  ($2,000.00)  Dol- 
lars be  and  the  same  is  hereby  now  transferred  and  reappropriated 
from  Garage  and  Motor  Fund  No.  33,  Department  of  Public  Works, 
Street  Commissioner's  Unit,  to  Equipment  Fund  No.  72,  Department 
of  Public  Works,  Street  Commissioner's  Unit. 

Section  2.  That  Equipment  Fund  No.  72,  Department  of  Public 
Works,  Street  Commissioner's  Unit,  is  hereby  recreated  and  made 
such  Fund. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage." 

Which  was  read  a  first  time  and  referred  to  a  special 
committee  consisting  of  Mr.  Ferguson,  Chairman;  Messrs. 
Dorsett,  Bartholomew,  Todd  and  Raub. 

INTRODUCTION  OF  MISCELLANEOUS  BUSINESS 
By  Mr.  Albertson  and  Mr.  Bartholomew: 

RESOLUTION  NO.  5,  1926. 

WHEREAS  there  have  been  numerous  complaints  as  to  certain 
activities  of  Park  Board  Members,  under  the  Department  of  Public 
Parks  of  the  City  of  Indianapolis,  Indiana,  and 

WHEREAS  the  Public  Press  has  been  carrying-  articles  and 
stories  in  the  last  few  weeks  relating  to  certain  activities  of  members 
of  the  Department  of  Public  Parks,  and 

WHEREAS  charges  were  filed  against  one  of  the  members  who 
in  the  face  of  trial  resigned,  and 

WHEREAS  the  General  Public  is  asking-  that  if  any  such  irreg- 
ularities exist  as  were  so  charged  that  they  as  taxpayers  of  the  City 


June  7,  1926]  city  of  Indianapolis,  ind.  181 


of  Indianapolis,  Indiana,  be  acquainted  with  the  same,  and 

WHEKEAS  a  large  number  of  taxpayers  are  still  seeking  an 

explanation  as  to  the  procedure  surrounding  the  purchase  of  certain 

ground  from  Butler  College,  the  construction  of  Kessler  Boulevard, 

and  the  purchase  of  certain  land  in  Golden  Hill  Addition  for  Park 

purposes,  and 

WHEREAS  it  has  become  a  general  report  that  the  Park  Board 

members  have  caused  the  extravagent  expenditures  of  vast  sums  of 

money  in  a  lavish  and  unwarranted  manner, 

Arow  Therefore,  Be  it  Resolved  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

That  this  body  cause  a  committee  to  be  appointed  to  investigate 
and  make  a  report  on  the  activities  of  the  Department  of  Public 
Parks  of  the  City  of  Indianapolis  or  any  of  its  members  as  individ- 
uals as  relates  to  any  irregularities  in  the  transacting  or  carrying 
on  of  the  business  of  the  Department  of  Public  Parks  or  any  other 
activities  or  irregularities  that  may  come  to  said  committee's  notice 
and  attention,  to  make  report  of  their  finding  or  findings  to  the  Com- 
mon Council  in  session. 

Which  was  read  a  first  time  and  referred  to  a  special 
committee  consisting  of  Mr.  Albertson,  Chairman; 
Messrs.  Ferguson,  Dorsett,  Todd  and  Bartholomew. 

By  Mr.  Dorsett: 


RESOLUTION  NO.  6,  1926. 

WHEREAS  there  have  been  numerous  complaints  to  members 
of  the  Common  Council  of  the  City  of  Indianapolis,  and 

WHEREAS  the  attention  of  the  Common  Council  of  the  City 
of  Indianapolis,  Indiana,  has  through  the  Public  Press  been  directed 
to  the  activities  of  the  City  Plan  Commission,  and 

WHEREAS  the  City  Plan  Commission  in  numerous  instances  has 
been  accused  of  hindering  the  development  of  the  City  of  Indianap- 
olis, Indiana,  and 

WHEREAS  many  requests  have  come  to  the  Council  for  the 
establishment  of  a  separate  and  distinct  body  known  as  "The  Board 
of  Zoning  Appeals" 

Now  Therefore,  Be  it  Resolved  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana : 

That  this  body  cause  a  committee  to  be  appointed  to  investigate 
and  make  a  report  on  the  activities  of  the  City  Plan  Commission  of 
the  City  of  Indianapolis,  as  relates  to  any  irregularities  in  this  body 
that  might  now  or  heretofore  exist  or  any  other  irregularities  that 
may  come  to  said  committee's  notice  or  attention. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Law  and  Judiciary- 


182  journal  of  common  council  [Regular  Meeting 

By  Mr.  Dorsett: 

RESOLUTION  NO.  7,  1926. 

WHERAS  the  funds  in  the  Department  of  Public  Works,  Street 
Commissioner's  Unit,  are  in  a  depleted  condition  at  the  present  time, 
and 

WHEREAS  there  was  approximately  One  Hundred  and  Eight 
Thousand  ($108,000.00)  Dollars  recently  turned  over  to  the  City 
Controller  by  the  State  of  Indiana  as  the  City's  share  of  gasoline  tax 
received  during  the  year  1925,  and 

WHEREAS  there  are  now  a  number  of  bridges  and  streets  in 
the  City  of  Indianapolis  in  need  of  imediate  repair, 

Now  Therefore,  Be  it  Resolved  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

That  East  Michigan  Street,  between  Sherman  Drive  and  Emer- 
son Avenue,  be  paved  between  the  car  tracks  out  of  said  funds  known 
as  "Gasoline  Tax  Funds  of  the  City  of  Indianapolis"  now  THERE- 
FORE BE  IT  FURTHER 

RESOLVED  that  if  this  Fund  is  still  unexhausted  after  the 
paving  of  East  Michigan  street,  as  above  mentioned  that  the  follow- 
ing bridges  be  repaired,  such  repairs  to  continue  until  such  time  as 
the  same  are  exhausted: 

West  Tenth  Street  Bridge 
Harding  Street  River  Bridge 
West  New  York  Street  River  Bridge 
Raymond  Street  River  Bridge 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Works. 


ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
33,  1926,  for  second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  33  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  33  was  read  a  third  time  and 
passed  by  unanimous  vote  of  the  Council. 

Dr.  Todd  called  for  General  Ordinance  No.  34,  1926, 
for  second  reading.   It  was  read  a  second  time. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Bartholo- 
mew, General  Ordinance  No.  34  was  ordered  engrossed, 


June  7,  1926] 


:iTY   OF   INDIANAPOLIS.    IND. 


183 


read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  34  was  read  a  third  time  and 
passed  by  unanimous  vote  of  the  Council. 

The  Common  Council  of  the  City  of  Indianapolis  at 
9:10  o'clock  p.  m.,  adjourned. 


President. 


Attest 


Jfcct^a^  U .  /CU^<^^, 


City  Clerk. 


June  21,  1926]  city  of  indianapolis,  ind.  185 

REGULAR  MEETING 

Monday,  June  21,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met  in  the 
Council  Chamber,  Monday,  June  21,  1926,  at  7:30  p.  m.,  in  reg- 
ular session,  President  Boynton  J.  Moore  in  the  chair. 

The  Clerk  called  the  roll. 

Present :  Hon.  Boynton  J.  Moore  and  seven  members,  viz. : 
Walter  R.  Dorsett,  Austin  H.  Todd,  Otis  E.  Bartholomew,  Rob- 
ert E.  Springsteen,  O.  Ray  Albertson,  Millard  W.  Ferguson  and 
Edward  B.  Raub. 

Absent :   Claude  E.  Negley. 

The  reading  of  the  journal  was  dispensed  with  on  motion  of 
Mr.  Bartholomew,  seconded  by  Dr.  Todd. 

COMMUNICATIONS  FROM  THE  MAYOR 

June  8,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 
Gentlemen — I  have  today  approved  with  my  signature  and  delivered 
to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No.  33,  1926 : 

An  Ordinance  granting  to  the  Link  Realty  Company  the  right  to  lay 
and  maintain  a  sidetrack  or  switch,  from  the  east  line  of  Koehne  Street 
to  the  west  line  of  Koehne  Street,  according  to  the  blueprint  attached 
hereto,  in  the  City  of  Indianapolis,  Indiana. 

J.  L.  DUVALL, 

Mayor. 

June  8,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 
Gentlemen — I  have  today  approved  with  my  signature  and  delivered 
to  Wm.  A.  Boyce2  Jr.,  City  Clerk,  General  Ordinance  No.  34,  1926. 

An  Ordinance  to  amend  section  760  of  General  Ordinance  No.  121, 
known  as  "Municipal  Code  of  Indianapolis,  1925,"  and  entitled  "An  Ordi- 
nance concerning  the  government  of  the  City  of  Indianapolis,  providing 
penalities  for  its  violation,  and  with  stated  exceptions  repealing  all  former 
ordinances. 

J.  L.  DUVALL, 

Mayor. 


186  journal  of  common  council         [Regular  Meeting 


REPORTS  FROM  CITY  OFFICERS 

June  21,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 
Gentlemen — I  am  handing  you  herewith  a  General  Ordinance  trans- 
ferring the  sum  of  Three  Hundred  ($300.00)  Dollars  from  Fund  No.  61, 
Interest  on  Bonded  Debt,  Controller's  Office,  to  Fund  No.  62,  Grants  and 
Subsidies  in  Controller's  Office,  to  be  used  for  the  general  Memorial  Asso- 
ciation for  the  old  soldiers  of  the  Republic  and  for  defraying  expenses  of 
Memorial  Day. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 
City  Controller. 

June  21,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 
Gentlemen — I  am  handing  you  herewith  communication  from  the 
Board  of  Public  Works  asking  for  the  passage  of  a  General  Ordinance 
transferring  the  sum  of  One  Thousand  ($1,000.00)  Dollars  from  Munici- 
pal Garage,  Services  Contractual,  Account  No.  25,  Repairs,  and  reappro- 
priating  the  same  to  Municipal  Garage,  Materials,  Account  No.  45,  Repair 
Parts,  in  the  Department  of  Public  Works. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 
City  Controller. 

June  21,  1926. 
Mr.  William  C.  Btfser,  City  Controller,  City  of  Indianapolis,  Indiana: 

Dear  Sir — I  am  directed  by  the  Board  of  Public  Works  to  submit  to 
you  the  attached  ordinance  for  the  transfer  of  One  Thousand  ($1,000.00) 
Dollars  from  Municipal  Garage,  Services  Contractual,  Account  No.  25,  to 
the  Municipal  Garage,  Materials,  Account  No.  45,  Repair  Parts  in  the 
Department  of  Public  Works,  and  request  that  you  submit  the  same,  to- 
gether with  your  recommendation,  to  the  Common  Council  for  its  con- 
sideration. 

Yours  truly, 
Clerk,  Board  of  Public  Works. 

June  21,  1926. 
To  Mr.  William  A.  Boyce,  Jr.,   Clerk   of  the   Common   Council,   City  of 

Indianapolis: 

Dear  Sir — At  the  last  regular  meeting  of  the  City  Council  held  June 
7th,  there  was  presented  an  amendment  on  General  Ordinance  No.  25, 
1926.  This  ordinance  relates  to  the  regulation  of  the  retail  selling  and 
distribution  of  coal  and  coke. 

Since  the  last  regular  meeting  of  the  Council,  when  the  amendment 
was  introduced,  Mr.  T.  M.  Overley,  Manager  of  the  Better  Business 
Bureau,  has  made  two  or  three  minor  changes  in  the  wording  and  phras- 
ing of  this  ordinance  and  J  am  very  anxious  that  these  changes  be  made 


June  21,  1926]  city  of  Indianapolis,  inb.  187 


in  the  amendment  which  will  probably  be  acted  upon  at  tonight's  Council 
meeting. 

As  it  will  take  me  several  weeks  to  get  the  license  books  printed  I 
would  appreciate  very  much  that  tonight  if  this  amendment  comes  up  for 
the  third  reading  that  you  state  that  this  amendment  shall  be  passed  as 
read,  which  will  include  these  last  changes. 
Appreciating  your  assktance  in  this,  I  am, 

Yours  truly, 

WM.  C.  BUSER, 

City  Controller. 

REPORTS  OF  COMMITTEES 

Indianapolis,  Ind.,  June  21,  1926. 
To  the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was  referred 
General  Ordinance  No.  32,  1926,  request  more  time  to  consider  same. 

O.   RAY  ALBERTSON,   Chairman 
OTIS  E.  BARTHOLOMEW 
AUSTIN  H.  TODD 
WALTER  R.  DORSETT 

Indianapolis,  Ind.,  June  2,  1926. 
To  the  President  and  Members  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana: 

Gentlemen — We  your  Special  Committee  to  whom  was  referred  Gen- 
eral Ordinance  No.  41,  1926,  beg  leave  to  report  that  we  have  had  said 
ordinance  under  consideration,  and  recommend  that  the  same  be  passed. 

M.  W.  FERGUSON 
EDWARD  B.  RAUB 
A.  H.  TODD 
WALTER  R.  DORSETT 
OTIS  E.  BARTHOLOMEW 

INTRODUCTION  OF  GENERAL  ORDINANCES 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  42,  1926 

AN  ORDINANCE,  transferring  the  sum  of  One  Thousand  ($1,000.00) 
Dollars  from  Municipal  Garage,  Services  Contractual,  Account  No. 
25,  Repairs,  and  reappropriating  the  same  to  Municipal  Garage,  Ma- 
terials, Account  No.  45,  Repair  Parts,  in  the  Department  of  Public 
Works. 
Be  it  ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  One  Thousand  ($1,000.00)  be  and  the 
same  is  hereby  now  transferred  and  reappropriated  from  Municipal 
Garage,  Services  Contractual,  Account  No.  25,  Repairs,  to  Municipal 
Garage,  Materials,  Account  No.  45,  Repair  Parts,  in  the  Department  of 
Public  Works. 


188  journal  of  common  council  [Regular  Meeting 


Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from  and 
after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Committee 
on  Finance. 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  43,  1926 

AN  ORDINANCE,  to  transfer  the  sum  of  Three  Hundred  ($300.00)  Dol- 
lars from  Fund  No.  61,  Interest  on  Bonded  Debt,  Controller's  Office, 
to  Fund  No.  62,  Grants  and  Subsidies  in  Controller's  Office,  to  be 
used  for  the  general  Memorial  Association  for  the  old  soldiers  of  the 
Republic  and  for  defraying  expenses  of  Memorial  Day. 
Be  it  ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  whereas  there  are  not  funds  for  the  celebration  of 
patriotic  occasions  and  for  defraying  expenses  for  such  occasions  in 
which  the  Grand  Army  of  the  Republic  patriotically  celebrates  Memorial 
Day  and  other  occasions  of  patriotic  nature  and  whereas  for  the  sake  of 
patriotism  and  the  inculcation  of  patriotic  principles  in  the  youth  of  the 
city  and  land,  the  same  is  necessary  and  proper. 

Section  2.  Now  Therefore,  a  sum  of  Three  Hundred  ($300.00)  Dol- 
lars is  transferred  hereby  from  Fund  No.  61,  Interest  on  Bonded  Debt, 
Controller's  Office,  to  Fund  No.  62,  Grants  and  Subsidies  in  Controller's 
Office,  to  be  used  for  the  General  Memorial  Association  of  the  old  soldiers 
to  defray  the  expense  of  Memorial  Day  of  such  Association  and  for  other 
patriotic  occasions  and  celebrations  of  such  Association. 

Section  3.  This  Ordinance  shall  be  in  full  force  and  effect  from  and 
after   its   passage. 

Which  was  read  a  first  time  and  referred  to  the  Committee 

on  Finance. 

By  Mr.  Dorsett : 

GENERAL  ORDINANCE  NO.  44,  1926 

AN  ORDINANCE,  to  amend  General  Ordinance  No.  114,  1922,  and 
amendments  (exclusive  of  maps)  entitled:  "An  ordinance  dividing 
the  City  of  Indianapolis  into  districts  for  the  purposes  of  regulating 
and  restricting  the  location  of  trades,  callings,  industries,  commercial 
advertisings  and  location  of  buildirjj£s  designed  for  specific  uses,  of 
classifying,  regulating  and  determining  the  area,  of  front,  rear  and 
side  yards  and  other  open  spaces  about  buildings ;  of  regulating  and 
determining  the  use  and  intensity  of  use  of  land  and  lot  areas  within 
such  city ;  creating  a  Board  of  Zoning  Appeal ;  defining  certain  terms 
used  in  said  ordinance ;  providing  a  penalty  for  its  violation  and 
designating  the  time  when  the  same  shall  take  effect,"  and  fixing  a 
time  when  the  same  shall  take  effect. 

Be  it  ordained  by    the    Common    Council    of    the    City    of    Indianapolis, 
Indiana: 
Section  1.     That  General  Ordinance  No.   114,   1922,  and  amendments 


June  21,  1926]  city  of  Indianapolis,  ind.  189 


(exclusive  of  maps)  be  amended  to  read  as  follows:  That  Section  879*/2 
entitled  "Prohibition  of  Signboards  9^4"  be  inserted  after  Section  879, 
entitled :  "Prohibition  and  Special  Permit  Uses  9."  That  said  Section 
879^2  entitled:  "Prohibition  of  Sign  Boards  9^"  read  as  follows:  "No 
Signboard  shall  be  erected  on  any  premises  within  the  limits  of  the  City 
of  Indianapolis.  The  above  prohibition  applies  solely  to  signboards  which 
are  erected  on  real  estate  and  the  above  prohibition  does  not  in  any  sense 
apply  to  signboards  hanging  from  or  erected  upon  any  building  or  build- 
ings.*' 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from  and 
after   its   passage. 

Which  was  read  a  first  time  and  referred  to  the  Committee 
on  City  Welfare. 

By  Mr.  Bartholomew: 

GENERAL  ORDINANCE  NO.  45,  1926 

AN  ORDINANCE  to  amend  General  Ordinance  No.  114,  1922,  and 
amendments  (exclusive  of  maps)  entitled:  "An  Ordinance  dividing 
the  City  of  Indianapolis  into  districts  for  the  purposes  of  regulating 
and  restricting  the  location  of  trades,  callings,  industries,  commercial 
advertisings  and  location  of  buildings  designed  for  specific  uses,  of 
classifying,  regulating  and  determining  the  area,  of  front,  rear  and 
side  yards  and  other  open  spaces  about  buildings;  of  regulating  and 
determining  the  use  and  intensity  of  use  of  land  and  lot  areas  within 
such  city ;  creating  a  Board  of  Zoning  Appeal ;  defining  certain  terms 
used  in  said  ordinance ;  providing  a  penalty  for  its  violation  and 
designating  the  time  when  the  same  shall  take  effect,"  and  fixing  the 
time  when  the  same  shall  take  effect. 
Be  it  ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  General  Ordinance  No.  114,  1922,  and  amendments 
(exclusive  of  maps)  be  amended  as  follows:  That  Section  892,  entitled: 
"Enforcement,  Board  of  Zoning  Appeals,  22,"  be  amended  by  striking  out 
the  following  provision :  "The  City  Planning  Commission  is  hereby  con- 
stituted a  Board  of  Zoning  Appeals  for  the  purposes  of  this  ordinance." 
Further  said  Section  892,  entitled :  "Enforcement,  Board  of  Zoning  Ap- 
peals 22,"  be  amended  by  inserting  in  lieu  of  the  above  provision  stricken 
out,  the  following:  "The  Board  of  Zoning  Appeals  shall  consist  of  five 
members  to  be  appointed  by  the  Mayor  of  the  City  of  Indianapolis,  at  least 
two  of  whom  shall  be  members  of  the  City  Plan  Commission  and  not  more 
than  two  of  whom  shall  hold  elective  or  appointive  office  in  such  cit^ 
government. 

Section  2.  Any  provision  in  the  ordinances  governing  the  city  of 
Indianapolis  whereby  the  City  Plan  Commission  is  authorized  to  act  as  a 
Board  of  Zoning  Appeals  is  hereby  repealed  and  the  Board  of  Zoning 
Appeals  made  up  of  the  members  of  the  City  Plan  Commission  is  hereby 
abolished. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect  from  and 
after  its  passage. 


190  journal  of  common-  council         [Regular  Meeting 

Which  was  a  first  time  and  referred  to  a  Special  Committee 
consisting  of  Mr,  Ferguson,  Chairman;  Messrs.  Dorsett,  Barth- 
olomew, Todd  and  Springsteen. 

By  Mr.  Dorsett : 

GENERAL  ORDINANCE  NO.  46,  1926 

AN  ORDINANCE,  to  amend  Sections  B-105,  B-204  and  B-208,  entitled 
"Indianapolis  Building  Code"  of  General  Ordinance  No.  121,  1925, 
being  an  ordinance  concerning  the  government  of  the  City  of  Indian- 
apolis, providing  penalties  for  its  violation,  with  stated  exceptions, 
repealing  all  former  ordinances,  which  sections  pertain  to  "concrete 
blocks,"  their  quality,  crushing  strength,  requirements  for  marking, 
approval  by  Building  Commissioner,  and  fees. 

Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 
Section  1.     That  Section  B-105  of  General  Ordinance  No.  121,  1925, 

be  amended  to  read  as  follows : 

QUALITY  OF  CONCRETE  BLOCK.    STRESSES. 

(a)  Concrete  block  or  concrete  building  tile  of  whatever 
mixture  shall  be  so  made  that  they  will  meet  the  following  tests 
in  ultimate  compression  as  laid  in  the  wall : 

Ultimate  Compression 
for  load  bearing 
Average  of  four  tests  in  pounds  per  square  inch  gross  area....  1,000 
Minimum  for  any  one  test  pounds  per  square  inch  gross  area    8C0 
No  concrete  block  shall  fall  below  the  minimum  as  shown  above. 
Section  2.    That  Section  B-204  of  General  Ordinance  No.  121,  1925, 
be  amended  to  read  as  follows ; 

CRUSHING  STRENGTH 

"Concrete  Blocks"  shall  not  be  uesd  in  any  case  unless  they 
stand,  without  showing  signs  of  failure,  the  ultimate  crushing 
strength  of  the  block  twenty-eight  (28)  days  old  resulting  from 
an  average  of  three  (3)  or  more  units  tested  by  a  recognized 
testing  laboratory  or  any  testing  laboratory  satisfactory  to  the 
Commissioner  of   Buildings,  as  follows,  to  wit. : 

Ultimate  crushing  strength  in  pounds  per  square  inch  of  gross 
area  as  laid  in  the  wall : 

Average  of  three   (3)   tests,  1,000  pounds. 
Minimum  for  any  one  block,  800  pounds. 

The  above  tests  shall  be  computed  over  the  gross  area  of  the 
"Concrete  Block"  as  laid  up  in  mortar  in  any  wall  with  no  reduc- 
tion for  hollow  spaces,  by  taking  the  product  of  the  width  and  the 
length  of  the  unit.  No  single  "Concrete  Block"  shall  fall  below 
the  amount  of  strength  per  square  inch  of  gross  area  indicated 
in  the  second  column. 

No  single  "Concrete  Block"  shall  fall  below  one  thousand 
(1,000)  pounds  per  square  inch  ultimate  compressive  strength 
when  calculated  on  the  minimum  cross  section  area  bearing  either 
at  the  top  or  base  of  the  "Concrete  Block." 


fane  21,  1926]  'city  ot  Indianapolis,  ind.  191 

Section  3.     That  Section  B-208  of  General  Ordinance  No.  121,   192:, 
lie  amended  to  read  as  follows: 

IDENTIFICATION  OR  BRANDING 

(a)  Every  concrete  block  used  in  the  City  of  Indianapolis 
for  building  construction  purposes,,  shall  bave  designated  thereon 
such  mark  of  identification  as  will  indicate  the  name  &i  the  manu- 
facturer and  the  principal  place  of  business  of  such  manufacturer., 
and  a  facsimile  of  such  mark  of  identification  shall  be  filed  with 
and  approved  by  the  commissioner  of  -buildings,  upon  the  adoption 
of  same  by  the  manufacturer, 

APPROVAL  AND  FEE 

(b)  All  concrete  block  used  In  the  city  <q>1  Indianapolis  shall 
be  approved  in  writing  by  the  Commissioner  of  Buildings.  Such 
written  approval  may  be  obtained  upon  application  for  the  same 
and  submitting  the  certificate  of  tests  in  accordance  with  the  pro- 
visions of  Section  B-105  and  Section  B -203-204-2 12.  When  the 
block  are  found  to  comply  with  all  the  requirements  of  said  sec- 
tions the  written  approval  shall  be  issued  upon  payment  of  One 
Hundred  ($100.00)  Dollars  to  the  City  Treasurer,  which  amount 
Is  to  be  credited  to  the  current  expense  fund.  Each  approval  is  to 
expire  on  the  1st  day  of  July  of  each  year.  The  name  of  the  per- 
son, firm,  or  corporation  and  its  officers  who  manufacture  the 
block  must  be  placed  on  file  with  the  commissioner  of  buildings 
as  a  record.  All  changes  of  ownership  or  management  of  any 
plant  whose  block  is  approved  under  this  section  must  be  re- 
ported in  writing  to   the  commissioner  of  buildings, 

SUBSEQUENT  TESTS 

(c)  If  at  any  time  after  the  approval  of  the  concrete  blocks 
the  commissioner  of  buildings  finds  it  necessary  to  require  sub- 
sequent tests  in  accordance  with  Section  B-212  and  such  tests 
disclose  that  said  blocks  do  not  meet  the  requirements  of  said 
section,  then  the  commissioner  of  buildings  shall  forthwith  revoke 
the  approval  of  such  block,  heretofore  given, 

Section  4.     This  ordinance  shall  take  effect  and  be  enforced  from  and 
after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Committee 
on  Board  of  Works. 

By  Mr,  Ferguson: 

GENERAL  ORDINANCE  NO.  47,  1926 

AN  ORDINANCE,  amending  Section  476  of  General  Ordinance  No.  121, 
an  ordinance  entitled  "An  ordinance  creating  the  government  of  the 
City  of   Indianapolis,  providing  penalties   for  its  violation   and   with 
stated  exceptions,  repealing  all   former  ordinances,"  being  known  as 
"Municipal  Code  of  Indianapolis,  1925." 
Be  it  Ordained  by  the  Common  Conncii  of  the  City  of  Indianapolis,  Ind.: 
Section    1.     That   Section  476  of   General   Ordinance   No.    121,   para- 
graph 35,   pertaining  to  taxicabs  annual  license   fees,   which   reads ;    "35. 
Each  taxicab  $8.00,"  be  amended  to  read:    "35s     Each  taxkab  $1C0.   Aiter 


19Z  JOURNAL  of  common-  COUNCIL  [Regular  Meeting 


the  first  license  fee  is  paid,  the  owner  of  such  taxicab  will  pay  a  fee  of 
$25.00  for  all  other  taxicabs.'r 

Section  2.     This  ordinance  shall  be  in  full  force  and  effect  from  and 
after  January  1,.  1927, 

Which  was  read  a  first  time  and  referred  to  the  Committee 
on  Law  and  Judiciary, 


By  Mr.  Dorsett : 

RESOLUTION  NO.  8,  1926 

WHEREAS,  it  is  deemed  by  the  Common  Council  of  the  Gty  of 
Indianapolis  to  be  a  matter  of  public  utility  and  concern  whether  or  not 
a  Municipal  corporation  known  as  the  City  of  Indianapolis  has  any  legal 
title,  right  or  interest  in  the  Canal  now  purported  to  be  owned  by  the 
Indianapolis  Water  Company,  Now  Therefore  Be  It 
Resolved  by  the  Common  Council  of  the  City  of  Indianapolis,  Indiana: 

That  this  body  cause  a  committee  to  be  appointed  to  investigate  and 
make  a  report  as  to  any  legal  title,  right  or  interest  that  might  at  this 
time  be  vested  in  the  City  of  Indianapolis,  and  that  the  findings  of  this 
eommittee  be  submitted  to  the  Common  Council  of  the  City  of  Indianapolis 
in  session. 

Which  was  read  a  first  time  and  referred  to  the  Committee 
on  Law  and  Judiciary. 

At  8 :20  o'clock,  Mr.  Negley  took  his  seat  in  the  Council 
Chamber, 

ORDINANCES  ON  SECOND  READING 

Dr.  Todd  called  for  General  Ordinance  No.  38  for  second 
reading.   It  was  read  a  second  time. 

Dr.  Todd  presented  the  following  amendment  to  General 
Ordinance  No.  38 : 

Indianapolis,  Ind.,  June  21,  1926. 
Mr.  President; 

I  move  that  General  Ordinance  No.  38,  1926,  be  amended  by  adding; 
the  two  words  "or  wood"  in  the  last  sentence  of  paragraph  two  of  Sec- 
tion 1,  making  it  read  as  follows :  "All  partitions  shall  be  fire-blocked 
midway  between  each  floor  and  ceiling  with  improved  metal  or  wood  fire 
blocking  thoroughly  fastened." 

AUSTIN  H.  TODD,  Councilman. 

On  motion  of  Mr.  Springsteen,  seconded  by  Dr.  Todd,  the 
above  amendment  was  adopted. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Bartholomew,  Gen- 


June  21,  1926]  city  of  Indianapolis,  ind.  193 

eral  Ordinance  No.  38,  as  amended,  was  ordered  engrossed,  read 
a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  38  was  read  a  third  time  and  passed 
by  the  following  vote: 

Ayes,  8,  viz. :  Messrs.  Dorsett,  Todd,  Bartholomew,  Spring- 
steen, Albertson,  Ferguson,  Negley  and  President  Moore. 

Noes,  1,  viz.:  Mr.  Raub. 

Mr.  Bartholomew  called  for  General  Ordinance  No.  28  for 
second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr.  Todd,  Gen- 
eral Ordinance  No.  28  was  ordered,  read  a  third  time  and  placed 
upon  its  passage. 

General  Ordinance  No.  28  was  read  a  third  time  and  failed  to 
pass  by  the  following  vote : 

Ayes,  4,  viz. :  Messrs.  Bartholomew,  Dorsett,  Todd  and  Presi- 
dent Moore. 

Noes,  5,  viz. :  Messrs.  Springsteen,  Albertson,  Ferguson, 
Raub  and  Negley. 

Mr.  Bartholomew  called  for  General  Ordinance  No.  39  for 
second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr.  Todd,  Gen- 
eral Ordinance  No.  39  was  ordered  engrossed,  read  a  third  time 
and  placed  upon  its  passage. 

General  Ordinance  No.  39  was  read  a  third  time  and  passed 
by  the  following  vote : 

Ayes,  8,  viz. :  Messrs.  Dorsett,  Negley,  Todd,  Bartholomew, 
Springsteen,  Ferguson,  Raub  and  President  Moore. 

Noes,  1,  viz.:   Mr.  Albertson. 

Mr.  Bartholomew  called  for  General  Ordinance  No.  40  for 
second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Raub,  Gen- 
eral Ordinance  No.  40  was  stricken  from  the  files. 


194  journal  of  common"  conNcri.         [Regular  Meeting 

Mr.  Bartholomew  called  for  General  Ordinance  No.  41  for 
second  reading-.   It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr.  Todd,  Gen- 
eral Ordinance  No.  41  was  ordered  engrossed,  read  a  third  time 
and  placed  upon  its  passage. 

General  Ordinance  No.  41  was  read  a  third  time  and  passed 
by  the  following  vote: 

Ayes,  8,  viz.:  Messrs.  Dorsett,  Negley,  Todd,  Bartholomew, 
Springsteen,  Ferguson.  Raub  and  President  Moore. 

Noes,  1,  viz. :    Mr.  Albertson. 

Mr.  Bartholomew  called  for  Resolution  No.  5.  It  was  read 
a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr.  Todd,  Reso- 
lution No.  5  was  ordered  stricken  from  the  files. 

Resolution  No.  5  was  stricken  from  the  files  by  the  following 
vote: 

Ayes,  6,  viz. :  Messrs.  Dorsett,  Negley,  Todd,  Bartholomew, 
Ferguson  and  President  Moore. 

Noes,  3,  viz. :  Messrs.  Raub,  Springsteen  and  Albertson. 

Mr.  Raub  called  for  Resolution  No.  6.  It  was  read  a  second 
time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Dorsett,  the 
Law  and  Judiciary  Committee,  to  which  Resolution  No.  6  was 
referred,  was  given  more  time  for  the  consideration  of  Resolu- 
tion No.  6. 

The  motion  was  passed  by  the  following  vote : 

Ayes,  7,  viz. :  Messrs.  Dorsett,  Negley,  Todd,  Bartholomew, 
Albertson,  Ferguson  and  President  Moore. 

Noes,  2,  viz. :   Messrs.  Springsteen  and  Raub. 


June  21,  1926]  city  of  Indianapolis,  ind.  195 

President  Moore  notified  the  Council  that  the  next  regular 
meeting  of  the  Council  would  be  held  on  July  6th  instead  of  July 
5th,  which  will  be  a  legal  holiday. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Spring- 
steen, the  Common  Council  of  the  City  of  Indianapolis,  Indiana, 
adjourned  at  8 :45  o'clock  p.  m. 


&  U  President. 


Attest : 


Mxll^^  Li,  /Ue^<^^, 


City  Clerk. 


July  6,  1926]  city  of  Indianapolis,  ind.  197 


REGULAR  MEETING 

Tuesday,  July  6,  1926,  7:30  p.  m. 
The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Tuesday,  July  6,  1926,  at  7:30 
p.  m.,  in  regular  session,  President  Boynton  J.  Moore  in 
the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore  and  eight  members, 
viz. :  Walter  R.  Dorsett,  Austin  H.  Todd,  Otis  E.  Barthol- 
omew, Claude  E.  Negley,  Robert  E.  Springsteen,  O.  Ray 
Albertson,  Millard  W.  Ferguson  and  Edward  B.  Raub. 

The  reading  of  the  journal  was  dispensed  with 
on  motion  of  Mr.  Bartholomew,  seconded  by  Dr.  Todd. 

COMMUNICATIONS  FROM   THE   MAYOR 

June  23,   1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.   Boyce,  Jr.,   City  Clerk,   General  Ordinance  No. 

38,  1926:  An  Ordinance  amending  Section  A-707  and  subdivision 
(a)  thereof  of  General  Ordinance  No.  137,  1924,  an  ordinance  pro- 
viding for  the  revision,  codification  and  publication  of  certain  ordin- 
ances of  the  City  of  Indianapolis,  Indiana,  and  for  the  appointment 
of  three  lawyers  to  prepare  and  index  the  same,  and  appropriating 
money  to  defray  the  expenses  thereof. 

JOHN  L.  DUVALL, 

Mayor. 

June  23,   1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to   Wm.   A.   Boyce,  Jr.,   City   Clerk,   General   Ordinance   No. 

39,  1926:  An  Ordinance,  to  amend  Section  4  of  General  Ordinance 
No.  25,  1926,  (as  amended)  passed  by  the  Common  Council  of  the 
City  of  Indianapolis  on  the  3rd  day  of  May,  1926,  and  signed  and 
approved  by  the  Mayor  on  the  12th  day  of  May,  1926,  entitled: 
"An  Ordinance,  to  regulate  the  retail  sale  and  distribution  of  coal 
and  coke,  in  the  City  of  Indianapolis;  To  provide  for  the  licensing  of 
dealers  in  such  fuel  products;  To  provide  for  delivery  tickets  giving 
the  weight  and  description  thereon ;  To  provide  for  truthfully  describ- 


198  journal  of  common  council  [Regular  Meeting 


ing  such  products  in  advertising  and  selling;  Prescribing  a  penalty 
for  violation  thereof;  Declaring  an  emergency,  and  designating  a 
time  when  the  same  shall  take  effect." 

JOHN  L.  DUVALL, 

Mayor. 


June  23,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No. 
41,  1926:  An  Ordinance,  to  amend  General  Ordinance  No.  30,  1926, 
passed  by  the  Common  Council  of  the  City  of  Indianapolis  on  the 
17th  day  of  May,  1926,  and  signed  and  approved  by  the  Mayor  on 
the  21st  day  of  May,  1926,  entitled:  "An  Ordinance  transferring  the 
sum  of  Two  Thousand  Dollars  ($2000.00)  from  the  Garage  and 
Motor  Fund  No.  33,  Department  of  Public  Works,  and  reappropriat- 
ing  the  same  to  Equipment  Fund  No.  72,  Department  of  Public 
Works  insofar  as  heretofore  it  may  have  been  effective,  and  fixing 
a  time  when  the  same  shall  take  effect. 

JOHN  L,  DUVALL, 

Mayor. 


REPORTS  FROM  CITY  OFFICERS 

July  5,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requested  by  the  Board  of  Health  to 
submit  to  you  the  attached  ordinance  authorizing  the  making  of  a 
temporary  loan  in  the  amount  of  One  Hundred  and  Twenty-Five 
Thousand  Dollars  ($125,000.00),  for  use  of  the  Board  of  Public 
Health  and  Charities  of  Indianapolis. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

July  6,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requested  by  the  Board  of  Public 
Safety  to  submit  to  you  the  attached  ordinance  transferring  the  sum 
of  Twenty-five  Hundred  ($2500.00)  Dollars  from  the  Fund  No.  25, 
Police  Department,  Department  of  Public  Safety,  and  reappropriat- 
ing  the  same  to  Fund  No.  45,  Police  Department,  Department  of 
Public  Safety;  and  transferring  the  sum  of  Thirty-Six  Hundred 
($3600.00)   Dollars  from  Fund  No.  33,  Police  Department,  Depart- 


July  6,    1926]  CITY    OF    INDIANAPOLIS,    IND.  199 

ment   of   Public    Safety   and   reappropriating   the    same   to   various 
Funds  in  the  Department  of  Public  Safety. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

July  6,   1926. 

Mr.  William  C.  Buser,  City  Controller,  City  of  Indianapolis,  Indiana. 

Dear  Sir: — The  Board  of  Public  Safety  hereby  submits  to  you 
for  your  approval  and  transmission  to  the  Common  Council  an  ordin- 
ance transferring  the  sum  of  Six  Thousand  One  Hundred  Dollars 
($6100.00)  from  the  Police  Department  and  re-appropriating  same 
to  the  Police  Department  and  to  the  Dog  Pound. 

Respectfully  submitted, 

BOARD  OF  PUBLIC  SAFETY, 

CLAUDE  C.  McCOY, 

Executive  Secretary. 

July  6,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requested  by  the  Board  of  Public 
Safety  to  submit  to  you  the  attached  ordinance  requiring  the  pay- 
ment of  a  fee  of  One  ($1.00)  Dollar  for  any  and  all  live  dogs  taken 
from  the  City  Dog  Pound,  providing  that  any  person  so  taking  one  of 
these  dogs  obtain  a  license  within  seven  days  thereafter,  and  also, 
requiring  the  City  Pound  Keeper  to  keep  a  correct  and  accurate  ac- 
count of  all  moneys  received  by  him,  turn  the  same  over  to  the  City 
Controller  at  the  end  of  each  working  day,  to  be  placed  in  the  Gen- 
eral Fund  of  the  City  of  Indianapolis. 

Yours, 

W.  C.  BUSER, 

City   Controller. 

July  6,   1926. 
Mr.  William  C.  Buser,  City  Controller,  City  of  Indianapolis,  Indiana. 

Dear  Sir: — The  Board  of  Safety  hereby  submits  to  you  for 
your  approval  and  transmission  to  the  Common  Council  a  General 
Ordinance  fixing  the  fee  for  taking  live  dogs  from  the  City  Dog 
Pound. 

Respectfully  submitted, 

BOARD  OF  PUBLIC  SAFETY, 

CLAUDE  C.  McCOY, 

Executive  Secretary. 


200  journal  of  common  council  [Regular  Meeting 


REPORTS  FROM  STANDING  COMMITTEES 

Indianapolis,  Indiana,  July  6,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was  re- 
ferred General  Ordinance  No.  43,  1926,  beg  leave  to  report  that  we 
have  had  said  ordinance  under  consideration,  and  recommend  that 
the  same  be  passed. 

C.  RAY  ALBERTSON,  Chairman. 
AUSTIN  H.  TODD 
CLAUDE   E.   NEGLEY 
OTIS  E.   BARTHOLOMEW 
WALTER  R.  DORSETT 

Indianapolis,  Indiana,  July  6,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was 
referred  General  Ordinance  No.  42,  1926,  beg  leave  to  report  that  we 
have  had  said  ordinance  under  consideration,  and  recommend  that 
the  same  be  Passed. 

C.  RAY  ALBERTSON,  Chairman. 
AUSTIN  H.  TODD 
CLAUDE  E.   NEGLEY 
OTIS  E.   BARTHOLOMEW 
WALTER  R.  DORSETT 

Indianapolis,  Indiana,  July  6,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Public  Works  to  whom  was 
referred  Ordinance  No.  46,  1926,  beg  to  report  that  we  have  had  said 
ordinance   under  consideration,   and  recommend  that  the   same   be 

WALTER  R.  DORSETT,  Chairman. 
OTIS  E.   BARTHOLOMEW 
AUSTIN  H.  TODD 

Indianapolis,   Indiana,   July   7,    1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee,  Special  to  whom  was  referred 
Ordinance  No.  45  1926,  beg  leave  to  report  that  we  have  had  said 
ordinance   under  consideration,   and   recommend   that   the   same   be 

M.  W.  FERGUSON 
WALTER  R.  DORSETT 
OTIS  E.   BARTHOLOMEW 
AUSTIN  H.  TODD 


July  t,  1926]  city  of  Indianapolis,  ind.  201 

Indianapolis,  Indiana,  July  6,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — "We,  your  Committee  on  City  Welfare  that  made 
investigations  on  Pleasant  Run  Stream  find  conditions  in  Garfield 
Park  deplorable.  "We  recommend  that  the  Board  of  Health  make  a 
thorough  investigation  and  ascertain  the  manufacturers  and  corpora- 
tions who  are  the  cause  of  polluting  this  stream  and  to  notify  said 
firms  or  corporations  to  discontinue  same.  We  also  recommend  that 
the  Board  of  Works  take  steps  immediately  to  change  sewers  that 
are  now  emptying  into  Pleasant  Run.  We  also  recommend  that  the 
Park  Board  and  the  Board  of  Works  work  together  on  clearing  the 
banks  of  this  stream  of  all  rubbish  and  any  other  foreign  matter  that 
has  a  tendency  to  pollute  the  stream.  We  feel  that  the  Park  Board 
would  be  unable  to  do  anything  in  regard  to  cleaning  this  stream 
in  Garfield  Park  until  the  source  of  pollution  is  remedied  between 
Irvington  and  the  Park.  It  is  our  desire  that  these  various  depart- 
ments look  after  this  immediately  and  report  back  to  this  Committee. 
"We  also  recommend  that  the  manufacturers  or  firms  along  Bean 
Cr<eek  be  investigated  and  if  they  are  emptying  refuse  into  this 
stream  they  should  be  notified  to  discontinue  same. 

This  Resolution  should  have  been  investigated  by  the  Park  Com- 
mittee, but  inasmuch  as  the  whole  Council  was  notified  of  the  Com- 
mittee meeting,  we  feel  that  this  investigation  can  be  handled  either 
through  the  Welfare  or  Park  Committees. 

OTIS  E.  BARTHOLOMEW,  Chairman, 
ROBT.  E.  SPRINGSTEEN 
WALTER  R.  DORSETT 
AUSTIN  H.  TODD 


INTRODUCTION  OF  GENERAL  ORDINANCES 

By  Dr.  Todd: 

GENERAL  ORDINANCE  NO.  48,  1926 

AN  ORDINANCE  to  regulate  Traffic,  defining  violations  thereof,  de- 
claring a  penalty  for  its  violation  and  designating  a  time  when 
the  same  shall  take  effect. 

Now  Therefore,  Be  it  Ordained  by  the  Common  Council  of  the  City  of 

Indianapolis. 

That  the  following  traffic  code  be  adopted  for  the  City  of  In- 
dianapolis, defining  violations,  and  declaring  a  penalty. 

Section  1.  Definitions,  (a)  The  term  ''Congested  District" 
shall  constitute  all  of  that  part  of  the  City  included  within  the  limits 
of  the  north  curb  line  of  Michigan  street  on  the  north,  the  west  curb 
line  of  Senate  avenue  on  the  west,  the  track  elevation  on  the  south 
and  the  east  curb  line  of  New  Jersey  street  on  the  east. 

(b)  The  term  "Silent  Policeman,"  within  the  meaning  of  this 
Ordinance,  shall  be  deemed  to  mean  some  suitable  device,  post, 
standard  or  sign,  placed  within  any  street  or  public  place  by  order 


202  journal  OF  co.mmox  COUNCIL  [Regular  Meeting 


of  the  Board  of  Public  Safety,  as  a  warning,  or  for  the  control  or 
direction  of  traffic. 

(c)  The  term  ''Parking"  withrn  the  meaning  of  this  Ordinance, 
shall  be  deemed  to  mean,  placing,  allowing,  permitting  or  stopping 
of  any  vehicle  within  any  street  or  public  place  for  any  purpose 
other  than  loading  or  unloading  passengers,  freight  goods,  wares  or 
merchandise,  providing  such  loading  or  unloading  of  passengers  shall 
not  exceed  five  (5)  minutes  and  such  loading  or  unloading  of  the 
freight  goods,  wares  or  merchandise  shall  not  exceed  one  and  one- 
half  hours. 

(d)  The  term  "Vehicle"  within  the  meaning  of  this  Ordinance 
with  reference  to  traffic  shall  be  deemed  to  include  equestrians,  led 
horses,  automobiles  and  every  vehicle  on  wheels,  except  street  cars 
or  other  vehicles  running  on  fixed  tracks. 

(e)  The  term  "Horses"  within  the  meaning  of  this  Ordinance 
with  reference  to  traffic  shall  include  all  domestic  animals.  The  term 
"Driver"  within  the  meaning  of  this  Ordinance,  shall  be  deemed 
to  mean  any  person,  riding  or  operating  any  such  vehicle. 

(f)  The  term  "Circle"  within  the  meaning  of  this  Ordinance 
shall  be  deemed  to  mean  that  street,  encircling  the  Soldiers'  and 
Sailors'  Monument,  namely  "Monument  Circle." 

(g)  The  term  "Slow  Moving  Vehicle"  within  the  meaning  of 
this  Ordinance,  shall  be  deemed  to  mean  any  vehicle  traveling  at  a 
rate  of  speed  not  greater  than  ten  (10)  miles  per  hour. 

Section  2.  Rules  of  the  Road.  (a)  Vehicles  shall  be  driven 
in  that  part  of  the  roadway  to  the  right  of  the  center,  except  one- 
way streets  and  alleys. 

(b)  In  case  any  vehicle  shall  be  operated  at  a  distance  of  one 
hundred  (100)  feet  or  less,  in  front  of  another  vehicle  traveling  in 
the  same  direction,  such  vehicle  shall  be  operated  within  three  (3) 
feet  of  the  right-of-way,  of  such  street,  unless  passing  an  obstruc- 
tion or  other  vehicle  at  or  near  such  right-hand  curb,  provided,  how- 
ever, that  such  vehicle  passing  such  other  vehicle  or  obstruction  shall 
be  operated  within  three  (3)  feet  of  any  other  vehicle  or  obstruction. 

(c)  Any  vehicle  overtaking  another  shall  pass  on  the  left  side 
of  the  overtaking  vehicle  and  not  pull  over  to  the  right  until  entirely 
clear  of  such  overtaking  vehicle,  but  shall  not  pass  at  any  street  in- 
teresection. 

(d)  Any  vehicle  turning  into  another  street  on  the  left,  where 
left  hand  turns  are  not  herein  prohibited,  shall  circle  around  the 
center  of  the  street  intersection. 

(e)  No  vehicle  shall  make  a  complete  turn  upon  any  street 
within  the  congested  district,  except  at  street  intersections.  Provid- 
ed, however,  that  no  such  turn  shall  be  made  at  corners  where  left- 
hand  turns  are  herein  prohibited. 

(f)  No  vehicle  shall  stop  with  its  left  side  to  the  curb  except 
in  alleys  and  one-way  streets. 

(g)  All  vehicles,  while  loading  or  unloading  goods,  wares  or 
merchandise,  or  other  material,  within  the  congested  district  be- 
tween the  hours  of  eight  a.  m.  and  seven  p.  m.,  must  stand  parallel 
with  the  curb. 

(h)      Any  vehicle  awaiting  at  the  curb  and  not  loading  or  un- 


July  6,  1926]  city  of  Indianapolis,  ind.  203 


loading,  shall  promptly  give  way  to  another  vehicle  desiring  to  load 
or  unload  goods,  wares,  merchandise  or  other  material,  and  no  vehicle 
shall  be  left  standing  in  any  alley  within  the  congested  district  be- 
tween the  hours  of  ten  o'clock  a.  m.  and  seven  o'clock  p.  m.,  longer 
than  is  necessary  for  the  purpose  of  loading  or  unloading  goods, 
wares  or  merchandise  and  other  material. 

(i)  No  vehicle  shall  back  in  any  street  if  at  the  time  of  so 
backing,  there  is  another  vehicle  approaching  upon  such  street  with- 
in a  distance  of  fifty  (50)   feet  thereof. 

(j)  Street  cars  and  interurban  cars  shall  stop  on  the  near 
side  of  intersecting  streets  and  not  the  far  side,  for  the  purpose  of 
taking  on  or  discharging  passengers,  provided  however,  that  when 
in  the  opinion  of  the  Board  of  Public  Works,  a  near  side  stop  would 
tend  to  cause  danger,  inconvenience  or  discomfort  to  passengers 
or  hindrance  to  traffic  at  a  particular  intersection,  said  Board  of 
Public  Works  may  by  an  order  made  by  such  board,  designate  a  far 
side  stop  at  such  intersection  and  upo  nnotice  of  such  order  the 
street  car  company  or  interurban  company,  their  agents  and  em- 
ployes, shall  comply  with  the  same  and  shall  mark  in  a  manner  sat- 
isfactory to  said  Board,  the  location  of  such  stopping. 

(k)  No  vehicle  shall  be  driven  or  moved  so  as  to  pass  through, 
into  or  interfere  with  any  civic,  military  or  funeral  procession  ex- 
cept at  the  direction  of  a  traffic  officer  or  automomatic  signal. 

Section  3.  RIGHT  OF  WAY.  (a)  Fire  Department  vehicles, 
Police  Department  vehicles,  Salvage  Corps  vehicles,  U.  S.  *  Mail 
vehicles,  Emergency  Ambulances,  both  public  and  private,  and  Emer- 
gency Repair  vehicles  of  all  public  companies  and  funeral  processions 
shall  have  the  right  of  way  over  all  traffic  in  any  street  or  other 
public  place  and  through  any  procession,  provided  however,  that  the 
Fire  and  Police  Department  vehicles  shall  have  the  right  of  way  over 
every  other  kind  of  traffic  whatsoever  and  provided,  further,  that 
the  Fire  Department  shall  have  the  right  of  way  over  Police  Depart- 
ment vehicles,  and  all  others  shall  have  the  right  of  way  in  the  order 
named. 

(b)  Traffic  from  the  right  shall  have  the  right-of-way  over 
traffic  from  the  left,  except  as  herinafter  provided. 

(c)  Traffic  on  Washington  Street  and  all  boulevards  as  estab- 
lished by  the  Common  Council  or  the  Department  of  Park  Commis- 
sioners of  such  city,  shall  have  the  right-of-way  over  all  traffic  or 
other  streets  unless  hereinafter  otherwise  provided. 

(d)  Traffic  on  Massachusetts,  Indiana,  Kentucky  and  Virginia 
Avenues,  shall  have  the  right-of-way  over  all  traffic  on  other  streets. 

(e)  On  East  New  York  Street,  from  the  Big  Four  Railroad 
tracks  to  Emerson  Avenue,  east  and  west  traffic  shall  have  the  right- 
of-way  over  the  north  and  south  traffic.  On  East  Michigan  Street 
from  the  Big  Four  Railroad  tracks  to  Emerson  Avenue,  the  east  and 
west  traffic  shall  have  the  right-of-way  over  the  north  and  south 
traffic.  On  East  Tenth  Street  from  the  Big  Four  Railroad  track  ele- 
vation to  Emerson  Avenue,  the  east  and  west  traffic  shall  have  the 
right-of-way  over  the  north  and  south  traffic.  On  West  Michigan 
Street  from  White  River,  west  to  the  city  limits,  east  and  west  traffic 
shall  have  the  right-of-way  over  the  north  and  south  traffic.  On 
Oliver  Avenue,  from  White  River  west  to  the  city  limits,  the  east 
and  west  traffic  shall  have  the  right-of-way  over  the  north  and  south 


204  journal  ok  common"  council  fRccular  Meeting-, 


traffic.  On  Morris  Street  from  Shelby  Street  to  Eagle  Creek,  the 
east  and  west  traffic  shall  have  the  right-of-way  over  the  north  and 
south  traffic;  and  all  traffic  in  Harding  Street  at  the  intersection  of 
Morris  Street  shall  come  to  a  complete  stop  before  entering  into  or 
crossing  Morris  Street  at  the  intersection  of  Morris  and  Harding 
Streets.  On  Capitol  Avenue  from  Washington  Street  to  Maple  Road 
Boulevard,  the  north  and  south  traffic  shall  have  the  right-of-way 
over  the  east  and  west  traffic.  On  Meridian  Street  from  Washington 
Street  to  the  canal  the  north  and  south  traffic  shall  have  the  right- 
of-way  over  the,  east  and  west  traffic. 

(f)  All  vehicles,  city  and  interurban  cars  approaching  any 
of  the  following  named  streets  and  avenues  shall  come  to  a  complete 
stop  before  continuing  into  or  across  same : — North  Capitol  Avenue 
from  Washington  Street  to  the  Canal;  East  New  York  Street  from 
Massachusetts  Avenue  to  Dorman  Street;  Marlow  Avenue  from  Dor- 
man  street  to  Arsenal;  East  New  York  Street  from  Arsenal  to  Emer- 
son Avenue;  East  Michigan  Street  from  Big  Four  Railroad  tracks  to 
Emerson  Avenue;  Washington  Street  from  city  limits  east  to  city 
limits  west;  Maple  Road  Boulevard  from  Northwestern  Avenue  to 
Fall  Creek;  Fall  Creek  Boulevard  north;  Washington  Boulevard  from 
Fall  Creek  to  the  Canal;  Delaware  Street  from  Washington  Street 
north  to  Thirty-second  Street;  Burdsai  Parkway  from  Northwestern. 
Avenue  to  East  Riverside  Drive;  Northwestern  Avenue  from 
Fifteenth  Street  to  the  city  limits ;  Massachusetts  Avenue  from  Ohio 
Street  to  the  city  limits;  Kentucky  Avenue  from  Washington  Street 
to  Thirty-sixth  Street;  Indiana  Avenue  from  Ohio  Street  to  Six- 
teenth Street;  Sixteenth  Street  from  Sugar  Grove  to  White  River 
Parkway;  Virginia  Avenue  from  Washington  Street  to  Prospect 
Street;  Madison  Avenue  from  South  Street  to  the  city  limits;  Twenty- 
ninth  Street  from  Capitol  Avenue  to  East  Riverside  Drive;  Pleasant 
Run  Boulevard  from  Meridian  Street  east  to  Prospect  Street;  West 
Morris  Street  from  Madison  Avenue  to  west  city  limits;  Prospect 
Street  from  Fountain  Square  east  to  Keystone  Avenue.  The  above 
named  Streets  and  Avenues  as  set  out  in  this  sub  section  (f)  are 
hereby  declared  to  be  preferential  streets,  for  the  purpose  of  regulat- 
ing traffic  upon  or  crossing  over  same. 

(g)  At  street  intersections  where  silent  policemen  are  placed, 
vehicles  entering  such  intersection  shall  not  cross  the  center  of  such 
intersection  streets,  if  at  such  time  another  vehicle  is  approaching 
from  its  right  and  about  to  cross  its  path,  and  is  at  a  point  within 
three  (3)  feet  of  such  intersection.  Such  vehicle  at  the  right  un- 
less herein  otherwise  provided,  shall  have  the  right-of-way  over  such 
other  vehicle. 

(h)  The  driver  of  any  vehicle  on  the  approach  of  any  fire  or 
police  apparatus  shall  immediately  drive  said  vehicle  to  the  curb  at 
the  right  hand  of  the  driver  and  stop  such  vehicle  until  such  appar- 
atus is  passed. 

(i)  No  vehicle  shall  follow  closer  than  three  hundred  (300) 
feet  of  any  fire  apparatus  while  the  same  is  answering  an  alarm  of 
fire,  and  shall  not  approach  said  fire  apparatus,  or  park  said  vehicle 
within  six  hundred  (600)  feet  of  the  same  after  said  apparatus  has 
arrived  and  stopped  at  the  destination  of  a  fire. 

(j)  Street  cars,  upon  the  approach  of  such  fire  or  police  ap- 
paratus shall  be  stopped  immediately,  if  between  a  street  intersec- 
tion. 


July  6,  1926]  CITY    OF   INDIANAPOLIS,   INI).  20; 


(k)  The  driver  of  any  vehicle  shall  not  enter  any  street  inter- 
section if  police  or  fire  apparatus  is  approaching  such  street  inter- 
section within  a  distance  of  three   (300)  feet. 

Section  4.  PARKING  PARALLED.  All  vehicles,  when  park- 
ed, shall  be  parked  parallel  to  trie  curb,  and  with  the  outer  edge  of 
the  tires  thereof  within  six  inches  of  the  curb. 

Section  5.  PARKING.  On  all  streets  and  avenues  thirty  feet 
or  less  in  width  from  curb  to  curb,  the  parking  of  vehicles  shall  be 
restricted  to  one  side  of  the  street  or  avenue;  if  the  street  runs  north 
and  south,  parking  shall  be  on  the  west  side  only;  if  the  street  runs 
east  and  west,  parking  shall  be  on  the  south  side  only. 

Section  6.  PARKING  PROHIBITED.  There  shall  be  no 
parking  at  any  time  at  the  following  places: 

(1)  The  west  side  of  Illinois  Street  between  Washington  and 
•Court  Streets; 

(2)  The  east  side  of  Illinois  Street  between  Washington  and 
Pearl  Streets; 

(3)  The  east  side  of  Meridian  Street  between  Washington  and 
Pearl  Streets; 

(4)  The  west  side  of  Pennsylvania  Street  between  Washington 
and  Court  Streets; 

(5)  The  north  side  of  Thirtieth  Street  from  Fall  Creek  to 
White  River; 

(6)  The  north  side  of  Sixteenth  Street  from  the  Monon 
tracks  to  Senate  Avenue; 

(7)  The  north  side  of  St,  Clair  Street  from  the  Monon  tracks 
to  Senate  Avenue ; 

(8)  The  north  side  of  East  Forty-second  Street  between  Col- 
lege and  Carrollton  Avenue; 

(9)  The  south  side  of  East  Forty-secnnd  Street  from  College 
to  Broadway; 

(10)  The  east  side  of  Clifton  Street  between  Roach  and 
Thirty-fourth  Streets; 

(11)  The  north  side  of  New  York  Street  from  Randolph 
Street  to  Emerson  Avenue; 

(12)  The  west  side  of  Bird  Street  between  Ohio  and  New 
York  Streets; 

(13^  The  south  side  of  East  Tenth  Street  from  Massachusetts 
Avenue  Hailroad  track  elevation  to  Olney  Street; 

(14)  Fouteenth  Street  between  Illinois  and  Meridian  Streets; 

(15)  The  south  side  of  Fourteenth  Street  between  Meridian 
and  Pennsylvania  Streets; 

(16)  The  south  side  of  Forty-sixth  Street  from  Illinois  Street 
to  College  Avenue; 

(17)  The  north  side  of  Tenth  Street  from  Meridian  Street  to 
Fall  Creek; 

(18)  The  north  side  of  Howard  Street  from  Harding  Street 
to  Belmont  Avenue; 

(19)  The  south  side  of  Nineteenth  Street  between  Illinois 
and  Meridian  Streets; 


Ji ll  joiiknal  of  common  cooncil  I  Rcimlar  Meeting: 


(20)  The  south  side  of  Nineteenth  Street  between  Delaware 
and  New  Jersey  Streets; 

(21)  The  west  cide  of  Meridian  Street  from  Bluff  Avenue  to 
the  Belt  Railroad; 

(22)  The  south  side  of  Seventeenth  Street  between  Meridian 
and  Pennsylvania  Streets. 

(23)  The  east  side  of  Illinois  Street  between  Washington  and. 
Court  Streets; 

(24)  The  South  side  of  East  New  Yoi.k.  Street  from  Oxford 
Street  to  Belt  Railroad  tracks-; 

(25)  The  west  side  of  Hawthorne  Lane  from  Washington  to 
Lowell  Avenue; 

(26)  The  west  side  of  Fort  Wayne  Avenue  between  Pennsyl- 
vania and  St.  Clair  Streets; 

(27)  The  east  side  of  Station  Street  from  Roosevelt  Avenue 
to  Twenty-fifth,  Street;. 

(28)  The  northeast  side  of  Southeastern  Avenue  from  Wash- 
ington Street  to  Leota  Street; 

(29)  The  east  side  of  Riverside  Drive  from  Eighteenth.  Street. 
to  Nineteenth  Street; 

(30)  The  north  side  of  Seventeenth  Street  from  Park  Avenue 
to  Central  Avenue; 

(31)  The  east  side  of  Capitol  Avenue  between  Wabash  and. 
Ohio  Streets; 

(32)  On  the  north  side  of  Palmer  Street  from  Shelby  Street 
to  Barth  Avenue; 

(33)  In  any  street  or  alley  in.  the  congested  district,  where 
the  width  of  the  same  is  less  than  forty  feet  from  curb  to  curb,, 
except  on  the  south  side  of  Court  Street  between  Delaware  and 
Pennsylvania  Streets,  from  6:30  p.  m.  and  6:30  a.  m. 

(34)  For  a  space  of  twenty-five  feet  immediately  in  front  of 
the  entrance  of  any  church,  hotel,  theater,  motion  picture  house, 
steam  railway  station,  bus  station  or  interurban  station,  or  other 
public  meeting  place;  within  a  space  of  forty  feet  in  front  of  the 
entrance  of  any  hotel  where  such  space  is  reserved  to  the  hotel  by 
special  permit  from  the  Board  of  Public  Safety,  within  a  distance 
of  twenty-five  feet  of  any  roadway  intersection;  within  fifteen  feet  of 
any  hydrant; 

(35)  On  the  north  side  of  Washington  Street  from  Rural 
Street  to  Noble  Street,  on  the  west  side  of  Meridian  Street  from 
Fall  Creek  to  Sixteenth  Street,  on  the  west  side  of  Capitol  Avenue 
from  Fall  Creek  to  Sixteenth  Street,  from  7:30  a.  m.  to  9:00  a.  m. ; 

(36)  On  the  south  side  of  Washington  Street  from  Rural 
Street  to  Noble  Street,  on  the  east  side  of  Meridian  Street  from 
Fall  Creek  to  Sixteenth  Street,  on  the  west  side  of  Capitol  Avenue 
from  Fall  Creek  to  Sixteenth  Street,  from  4:30  p.  m.  until  6:00  p.  m.; 

(37)  On  the  north  side  of  North  Street  from  Cincinnati  Street 
to  Noble  Street,  on  the  south  side  of  Walnut  Street  between  Liberty 
and  Noble  Streets,  on  the  west  side  of  Liberty  Street  from  North 
Street  to  Walnut  Street,  on  the  west  side  of  Noble  Street  from  North 
Street  to  Walnut  Street,  between  the  hours  of  6:00  o'clock  a.  m.  and 
6:00  o'clock  p.  m.  of  each  day  except  Sunday; 


July  6,   1926]  CITY   OF  INDIANAPOLIS,  "IND.  207 


(38)  On  the  west  side  of  Butler  Avenue,  between  Washington 
Street  and  Pennsylvania  tracks; 

(39)  On  the  west  side  of  Osage  Street  between  Ohio  and  Nev; 
York  Streets; 

(40)  On  the  south  side  of  Fortieth  Street  between  Illinois 
:and  Boulevard  Place; 

(41)  On  the  east  ride  of  Central  Avenue  from  Fort  Wayne 
Avenue  to  Thirteenth  Street  and  on  the  north  side  of  Henry  Street 
between  Illinois  and  Meridian  Streets  between  0:00  o'clock  a.  m. 
and  9  :00  o'clock  p.  m. ; 

(42)  On  Oriental  Street  between  Washington  Street  and  the 
first  alley  north  thereof  and  on  the  north  side  of  Washington  Street 
from  Oriental  Street  east  to  a  point  150  feet  distant  therefrom.; 

(43)  On  the  Circle,  or  on  any  bridge  or  under  any  elevation 
within  the  corporate  limits  of  the  city; 

Section  7.  Restricted  Parking.  The  parking  of  vehicles  be- 
tween the  hours  of  8  a.  m.  and  7  p.  m.  in  the  streets,  alleys  and 
public  places  in  the  city  of  Indianapolis,  is  hereby  restricted  as  fol- 
lows: (A)  to  one  hour  in  the  congested  district;  (B)  To  twelve 
hours  on  all  streets  outside  the  congested  district. 

Section  8.  RESERVED  SPACE.  _  (a)  The  Board  of  Public 
Safety  may  by  distinct  lines  or  other  signs  mark  off  in  a  manner 
that  may  be  visible  and  easily  seen,  and  said  Board  may  mark  off 
and  reserve  a  space  not  exceeding  forty  feet  in  front  of  the  entrance 
of  any  hotel  for  the  use  of  such  hotel,  at  one  of  which  such  hotel 
may  park  a  taxicab. 

(b)  The  occupant  of  any  premises  may  prevent  any  parking 
of  vehicles  upon  any  public  street  in  front  of  such  premises  in 
ihe  following  manner:  Such  occupant  shall  deposit  in  the  office  of 
the  City  Controller  the  sum  of  ten  ($10)  dollars,  one-half  of  which 
shall  immediately  go  into  general  fund  of  the  city,  for-  which  deposit 
the  City  Controller  shall  give  a  receipt  which  when  presented  to  the 
Chief  of  Police  shall  entitle  such  occupant  to  receive  two  (2)  iron 
markers,  bearing  the  inscription  "NO  PARKING"  or  words  of  equiva- 
lent meaning,  such  markers  to  be  known  as  "Silent  Policemen." 
Such  occupant  upon  returning  to  the  Chief  of  Police  said  "Silent 
Policemen"  shall  receive  a  receipt  thereof,  which  when  presnted  to 
the  City  Controller  shall  entitle  him  to  a  refund  of  one-half  of  such 
deposit.  Such  occupant  may  place  said  "Silent  Policemen"  upon  the 
edge  of  the  sidewalk  adjutant  to  the  roadway  in  front  of  said  prem- 
ises, not  to  exceed  eighteen  (18)  feet  apart,  and  while  they  are  so 
placed  no  vehicle  shall  be  parked  in  the  space  included  between 
them,  provided,  however,  that  if  any  vehicle  is  lawfully  parked  there- 
in when  said  "Silent  Policemen"  are  set  out,  such  vehicle  may  remain 
parked  therein  until  the  expiration  of  the  then  remaining  parking- 
time  allowed  by  this  ordinance.  A  space  not  greater  than  eighteen 
(18)  feet  in  length  may  be  reserved  in  the  following  manner:  Res- 
ervations of  such  space  and  the  prohibiting  of  parking  therein  shall 
be  made  only  when  such  ?pace  is  required  immediately  by  said  oc- 
cupants and.  between  the  hours  of  eight  o'clock  a.  m.,  and  seven 
o'clock  p.  m.,  and  then  only  for  the  purpose  of  loading  or  unloading 
of  passengers,  goods,  wares,  merchandise  or  material,  and  such  space 
shall  be  released  immediately  upon  the  termination  of  the  necessity 


208  journal  of  common  cotnsrcrL  [Reenlai   Meeting': 


for  such  reservation  thereof,  and  such  "Silent  Policemen"  shall  im- 
mediately be  removed  from  view.  Nothing  contained  in  this  para- 
graph shall  authorize  the  reservation  of  space  for  the  parking  or  any 
occupants'  own  vehicle  or  vehicles.  When  there  are  two  or  more 
occupants  of  any  premises  who  use  a  common  entrance  thereto,  only 
one  space  can  be  so  reserved.  Provided,  however,  that  such  occu- 
pants may  by  private  arrangenments  among  themselves  make  use  in 
common  of  a  single  set  of  "Silent  Policemen,"  but  such  space  shall 
not  be  held  in  reserve  for  succeeding  periods  by  reason  of  such  com- 
mon use.  Provided  further,  that  in  addition  to  the  penalities  here- 
inafter provided,  any  occupant  or  occupants  of  such  premises  found 
guilty  of  violating  any  of  the  provisions  of  this  section  shall  be  de- 
prived of  the  further  use  of  such  "Silent  Policemen,"  shall  surrend- 
er the  same  to  the  Chief  of  Police,  and  the  balance  of  the  ten  dollars 
deposited  with  the  City  Controller  shall  be  forfeited  and  become 
a  part  of  the  General  Fund  of  the  city  of  Indianapolis,  Indiana. 

Occupants  desiring  more  than  eighteen  (18)  feet  of  space  may 
obtain  the  same  on  special  permit  from  the  Board  of  Safety  and  by 
renting  an  additional  marker  for  each  additional  eighteen  (18)  feet 
of  space  desired  and  for  each  additional  marker  shall  make  a  further 
deposit  of  ten  dollars  each. 

In  addition  to  the  deposit  required  for  markers  an  annual  rental 
of  Fifty  ($50)  Dollars  shall  be  paid  in  advance  to  the  City  Controller 
for  the  markers  tor  the  first  eighteen  (18)  feet  and  for  a  marker 
for  each  additional  eighteen  (lo)  feet  they  shall  pay  an  annual 
rental  of  One  Hundred  ($100)  Dollars,  provided  that  no  more  than 
seventy-two   (72)   feet  shail  be  so  reserved. 

Section  9.  PARKING  PERMITS.  Whenever  any  hotel,  having, 
not  less  than  two  hunured  guest  rooms,  or  any  social  club  or  organiza- 
tion having  not  less  than  one  thousand  bona  fide  members,  and 
which  hotel,  club,  or  organization  shall  be  located  within  the  con- 
gested district  ot  the  city,  shall  make  a  request  in  writing  to  the 
Board  of  Public  Safety  for  special  parking  space  on  the  street  ad- 
jacent to  such  hotel,  club  or  organization,  the  Board  of  Public  Safety 
shall  set  apart  not  more  than  two  such  parking  spaces  for  each  hotel, 
club  or  organization  making  such  street,  which  space  shall  be  desig- 
nated by  such  board  with  appropriate  markers  or  standards,  and 
shall  be  used  exclusively  for  tne  purpose  of  parking  of  vehicles  used 
for  the  transportation  of  passengers  to  and  from  such  hotels,  clubs 
or  organizations.  In  no  instance  shall  such  parking  space  exceed 
twenty-four  feet  in  length  along  the  curb  of  such  streets.  Such 
hotels,  clubs  or  organizations  shall  pay  to  the  City  Controller  a  license 
i'ee  annually  of  $25.00  for  the  use  of  such  standards  or  markers. 
Such  parking  spaces,  when  so  marked  off  and  set  aside,  shall  be 
used  for  no  other  parking  purposes  than  those  enumerated  in  the 
next  proceeding  section. 

Such  hotel,  club,  or  organization  may  designate  in  writing  to 
the  Board  of  Public  Safety  from  time  to  time  for  their  respective 
places,  the  persons  who  shall  use  such  parking  spaces  for  such  pur- 
pose on  such  adjacent  streets.  After  such  spaces  have  been  propeny 
marked  off  and  designated  as  provided  in  this  section  and  such  hotel,, 
club  or  organization  shall  have  designated  the  persons  who  shall  use 
said  space,  it  shall  thereafter  be  unlowful  for  any  othere  person  to 
use  such  parking  space. 


July  6,    192©]  CITY    OF    INDIANAPOLIS,   IND.  2C9 


Section  10.  SAFETY  ZONES.  Trie  Board  of  Public  Safety 
:may  establish  Safety  Zones  which  shall  be  marked  off  and  indicated 
by  painted  lines,  standards,  discs  or  unloading-  platforms  and  it  shall 
be  unlawful  for  the  drivers  of  any  vehicle  to  drive  over  or  into  any 
.such  Safety  Zones,  or  any  such  painted  lines,  standards,  discs  or  load- 
ing platforms  at  .any  time. 

No  vehicle  shall  remain  stationary  in  that  part  of  the  street  par- 
ailed  to  any  such  Safety  Zone  or  within  twenty  (20)  feet  from  the 
■end  thereof,  except  upon  signal  of  the  traffic  officers  directing'  the 
traffic  at  such  places  or  to  unload  freight  or  passangers  to  business 
houses  fronting  on  such  Safety  Zones,  where  there  is  no  other  means 
of  access  thereto. 

Sestion  11.     MOTOR  BUS  SAFETY  PARKING  ZONES,     The 

following    described    spaces    on    South   Alabama   street   are    hereby 
.designated  and  established  as  motor  bus  safety  parking-  zones: 

(a)  Beginning-  at  the  intersection  of!  the  south  curb  line  of 
East  Washing-ton  Street  with  the  east  curb  line  of  South  Alabama 
.street,  thence  forty  feet  south  along  the  east  curb  line  of  South 
Alabama  street,  thence  ten  feet  west,  thence  forty  feet  north,  thence 
ten  feet  east  to  point  of  beginning. 

(b)  Beginning  at  the  intersection  of  the  south  curb  line  of 
East  Washington  street  with  the  west  curb  line  of  South  Alabama 
.street,  thence  forty  feet  south  along  the  west  curb  line  of  South  Ala- 
bama street,  thence  ten  feet  east,  thence  forty  feet  north,  thence  ten 
feet  west  to  point  of  beginning. 

Section  12.  USE  OF  ZONES.  No  person  shall  operate  any 
vehicle  other  than  a  motor  bus  through,  into  or  over  any  parking  zone 
as  designated  in  the  next  proceding  section  while  any  motor  bus  is 
stopped  or  parked  therein  and,  no  person  shall  stop  ,or  park  any 
vehicle  other  than  a  motor  bus  within  or  on  any  of  said  zones. 

Section  13.  RIGHT  AND  LEFT  HAND  TURNS.  No  vehicle 
shall  be  turned  to  the  right  or  to  the  left  for  the  purpose  of  entering 
into  or  upon  another  street  at  the  intersection  of  Washington  and 
Meridian  Streets  during  the  following  named  periods:  from  eleven- 
thirty  (11:30)  a.  m.  to  two  (2)  o'clock  p.  m.,  and  from  four-thirty 
(4:30)  p.  m.  to  six  (6)  o'clock  p.  m. 

Section  14.  LEFT  HAND  TURNS,  (a)  No  vehicle  shall  be 
turned  to  its  left  for  the  purpose  of  turning  around  in  any  street  or 
for  turning  into  another  street  at  any  of  the  following  corners,  within 
such  city  during  the  hours  any  traffic  policeman  is  on  duty  at  such 
corners;  Washington  Street  and  Illinois  Street;  Washington  Street 
and  Pennsylvania  Street;  Ohio  Street  and  Pennsylvania  Street,  and 
•Ohio  Street  and  Illinois  Street. 

(b)  At  all  other  street  intersections  within  the  Congested 
District,  not  named  in  this  section  or  the  preceding  section,  where 
traffic  officers  are  on  duty,  right  or  left-hand  turns  may  be  made 
when  in  the  judgment  of  the  traffic  officer,  the  condition  of  traffic 
will  permit. 

(c)  All  vehicles  entering  the  Circle  shall  turn  to  the  right  and 
all  traffic  therein  shall  proceed  in  one  direction,  namely  counter  clock- 
wise, as  from  south  to  northeast,  from  east  to  northwest,  from  north 
to  southwest  and  from  west  to  southeast. 


210  JOURNAL  of  common"  COUNCIL  I  Regular  Meeting: 


Sestion  15.  MOVEMENT  OF  TRAFFIC.  On  Massachusetts 
Avenue  at  Oh.o  Street,  vehicles  shall  move  west  with  the  west  bound 
traffic. 

(b)  On  Indiana  Avenue  at  Illinois  Street,  vehicles  shall  move 
south  with  the  south  bound  traffic.  . 

(c)  On  Virginia  Avenue  at  Pennsylvania  Street,  vehicles  shall 
move  north  with  the  north  bound  traffic. 

(d)  On  Kentuck  Avenue  at  Washington  Street,  vehicles  shall 
move  east  with  the  east  bound  traffic. 

(e)  On  Massachusetts  Avenue,  Indiana  Avenue,  Kentucky 
Avenue  and  Virginia  Avenue,  except  as  otherwise  herein  provided, 
all  vehicles  shall  be  governed  as  to  the  direction  they  move  at  cross- 
ings, by  the  signals  of  police  fficers  and  the  indication  of  three-way 
semaphores. 

Sestion  1G.  ONE-WAY  STREETS.  (a)  In  the  Congested 
District  in  Wabash,  Court,  Pearl,  Muskingum  and  Chesapeake  Streets, 
and  in  McCrea  between  Georgia  and  Louisiana  Streets  and  in  Louis- 
iana Street  between  McCrea  and  Meridian  Streets,  all  vehicles  shall 
move  in  one  direction  only;  enterting  from  the  north  and  proceeding 
couth;  and  entering  from  the  east  and  proceeding  west. 

(b)  In  Court  Street  from  New  Jersey  to  West  Street  and  in 
Pearl  Street  from  New  Jersey  Street  to  Alabama  Street,  traffic  shall 
enter  from  the  east  and  move  west  only. 

(c)  In  all  alleys  running  north  and  south  in  the  Congested 
District,  vehicles  shall  enter  from  the  north  and  proceed  to  the  south. 
In  all  alleys  running  east  and  west  in  the  Congested  District,  vehicles- 
shall  enter  from  the  east  and  proceed  to  the  west,  and  all  traffic  shall 
turn  to  the  right  when  entering  or  leaving  the  alleys  in  such  Con- 
gested District. 

(d)  The  following  named  streets  are  hereby  declared  to  be 
one-way  streets  from  the  hours  of  eight  a.  m.  to  seven  p.  m.,  between 
the  points  hereinafter  designated. :  Bird  Street,  northbound  traffic 
only  from  Ohio  to  New  York  Street;  Hudson  Street,  north-bound 
traffic  only  from  New  York  Street  to  Ohio  Street;  Chesapeake  Street, 
west  bound  traffic  only  from  Delaware  Street  to  Capitol  Avenue. 

Section  17.  LOADING  AND  UNLOADING  PASSENGERS. 
Taxicabs  and  other  vehicles  except  street  cars  must  load  and  unload 
passengers  at  a  point  in  the  street  at  the  curbline,  and  in  no  other 
place. 

Section  18.  OFFICERS'  SIGNALS.  Traffic  Officers  stationed 
at  street  intersections  shall  direct  the  movements  of  all  vehicles 
within  such  street  intersections  by  the  use  of  a  semaphore  or  other 
signals.  In  case  such  signal  consists  of  whistle,  such  officer  shall  give 
one  blast  of  the  whistle  which  will  indicate  that  the  traffic  shall  move 
north  and  south;  two  blasts  of  such  whistle,  which  will  indicate  that 
traffic  shall  move  east  and  west  at  any  interestcion  where  Massachus- 
etts, Indiana,  Kentucky  or  Virginia  Avenues  intersect;  such  traffic 
shall  move  in  case  of  such  signal  by  three  blasts  of  the  whistle,  unless 
otherwise  herein  provided.  A  series  of  short  blasts  of  such  whistle 
shall  indicate  danger.  Traffic  shall  move  in  only  one  direction,  and 
when  indicated  by  such  signal,  or  by  signal  displayed  by  such  sema- 
phore and  operated  by  traffic  or  other  police  officers,  indicating  the 
direction  to  which  traffic  is  to  move.     These  provisions  shall  govern 


July  6,  1926]  city  of  Indianapolis,  ind.  211 


the  movement  of  all  vehicles  and  all  city  and  interurban  cars.  These 
provisions  shall  also  apply  to  automatic  traffic  signals  wherever  the 
same  are  in  operation. 

Section  19.  SIGNALS.  (a)  All  drivers  and  pedestrians 
must  at  all  times  comply  with  any  direction  given  by  the  voice,  hand 
or  other  means,  by  any  member  of  the  police  or  fire  force,  as  to 
stopping,  starting,  approaching  or  departing  from  any  place,  the 
manner  of  taking  up  and  setting  down  passengers  or  loading  or  un- 
loading goods. 

(b)  All  drivers  of  vehicles  before  crossing  any  sidewalk  into 
or  out  of  driveways  or  alleys  shall  give  warning  to  pedestrians  using 
the  same,  of  their  intention  so  to  do  by  sounding  the  horn  or  by 
some  other  distinct  manner. 

Section  20.  PEDESTRIANS.  (a)  All  pedestrians  crossing 
the  street  intersections  in  the  Congested  District  shall  cross  at  right 
angles,  and  shall  not  cross  diagonally  at  such  intersections.  Such 
pedestrians  shall  cross  only  on  the  signal  of  the  traffic  officer,  if  one 
is  stationed  at  such  crossing,  and  shall  move  in  the  direction  of  the 
traffic. 

Section  21.  TAXICAB  AND  BUS  STANDS.  No  taxicab  shall 
park  at  any  place  within  the  Congested  District  except  within  the 
following  places: 

(a)  For  a  continuous  space  of  one  hundred  and  fifty  <150) 
feet  on  Kentucky  Avenue,  from  the  corner  of  Illinois  Street  and 
Kentucky  Avenue,  on  the  south  east  side  of  caid  Kentucky  Avenue. 

(b)  For  a  continuous  space  of  one  hundred  and  fifty  (150) 
feet  on  the  east  end  of  Market  Street  between  Illinois  Street  and 
Capitol  Avenue  on  the  north  side  thereof. 

(c)  On  the  north  side  of  Jackson  Place,  between  Illinois  Street 
and  McCrea  Street,  provided,  however,  that  ail  such  taxicabs  shall 
be  parked  at  right  angles  with  the  north  curb  of  Jackson  Place,  with 
the  rear  of  such  machines  parked  flat  against  the  curb  and  provided 
further,  that  no  such  taxicabs  shall  be  parked  within  fifty  (50)  feet 
Oi1  the  east  curb  of  Illinois  Street  or  the  west  curb  line  of  McCrea 
Street. 

(d)  For  a  continuous  space  of  twenty-five  (25)  feet  south  of 
the  south  curb  line  of  Court  Street  on  the  west  side  of  Illinois  Street. 

(e)  On  the  North  Side  of  Washington  Street  beginning  at  a 
point  28  feet  west  of  the  west  line  of  Scioto  Street  and  continuing 
thence  west  14  feet, 

(f )  Between  the  hours  of  eight  o'clock  a.  m.  and  seven  o'clock 
p.  m.,  no  vehicles  except  taxicabs  shall  park  in  or  on  any  of  the 
aforesaid  spaces  reserved  for  taxicabs. 

Section  22.  DELIVERY  VEHICLES.  (a)  Cn  all  streets, 
alleys  and  public  places  commerical  delivery  and  slow  moving 
vehicles,  shall  be  operated  within  three  (3)  feet  of  the  right  hand 
curb  of  such  street,  unless  prevented  from  doing  so  by  another 
vehicle  at  or  near  such  curb. 

(b)  No  commercial  delivery  vehicle  shall  be  operated  within 
the  Congested  District  on  Washington,  Market,  Ohio,  Pennsylvania, 
Meridian  or  Illinois  Streets,  except  to  haul  loads  over  said  streets 
to  be  delivered  within  such  Congested  District,  or  to  haul  any  load 


HI  journal  of  common-  council  fRearuIar  Meeting: 


from  a  point  within,  such  Congested  District  or  to  some  other  point, 
inside  or  outside  of  such  Congested  District,  provided,  however,  that, 
in  any  case,  such  vehicle  shall  be  driven  over  the  shortest  route 
within  such  Congested  District.  No  commercial  vehicle  or  vehicle 
used  for  heavy  hauling  shall  be  operated  on  Meridian  Street  be- 
tween Sixteenth  Street  and  Fall  Creek  Boulevard  except  where  the 
same  is  necessary  and  unavoidable  in  delivering  goods  or  materials, 
to  and  from  points  within  such  territory,  provided,  however,  that 
in  any  such  cases,  such  vehicle  shall  be  driven  over  the  shortest  route 
necessary  within  such  territory. 

Section  23.  REGULATIONS  OF  VEHICLES.  (a)  No  vehicle 
shall  be  driven  upon  any  street  so  loaded  or  constructed  as  to  prevent 
the  driver  thereof  from  having  a  clear  view  of  the  traffic  on  both 
sides  of  such  vehicle. 

(b)  No  vehicle  shall  be  operated  in  or  upon  any  such  street 
or  other  public  places,  if  either  such  vehicle  or  its  load  or  the  con- 
tents thereof  make  a  lot  of  unusual  noise.  All  vehicles  shall  be 
constructed  or  loaded  in  a  manner  to  prevent  the  contents  from  be- 
ing scattered  upon  or  over  the  street. 

(c)  No  vehicle  shall  be  driven  or  maintained  upon  the  streets- 
or  public  places  of!  such  city,  containing  any  material  or  load  pro- 
jecting a  distance  of  more  than  five  (5)  feet  from  the  rear  end  of 
such  vehicle,  unless  the  same  shall  be  provided  with  a  signal  as. 
herein  provided.  From  the  hours  of  thirty  (30)  minutes  after  sun- 
set to  thirty  (30)  minutes  before  sunrise  such  vehicle  shall  have  at- 
tached to  the  rear  end  of  such  load,  a  red  light  of  sufficient  rays  to 
be  visible  a  distance  of  two  hundred  (200)  feet,  and  if  in  the  day 
time  such  signal  shall  be  a  red  flag  in  place  of  such  red  light. 

(d)  All  horse-drawn  vehicles  and  human-propelled,  including 
bicycles,  shall  maintain  a  lighted  light  of  white  rays  on  the  front 
and  red  light  on  the  rear  thereof,  both  of  which  shall  be  visible  for 
a  distance  of  one  hundred  (100)  feet,  while  such  vehicle  is  in  or 
upon  any  street,  alley  or  other  public  place  in  such  city  during  the 
period  of  from  one-half  (Va)  hour  after  sunset  until  one-half  (y2) 
hour  before  sunrise. 

Section  24.  TOWING  VEHICLES.  No  vehicle  shall  tow  an- 
other in  or  upon  any  street  or  public  place  unless  such  vehicles  are 
operated, at  a  distance  of  less  than  fifteen  (15)  feet  apart.  If  such 
vehicle  being  towed  at  any  time  between  one-half  (Mi)  hour  after 
sunset,  and  one-half  (l/2)  hours  before  sunrise,  such  vehicle  being 
towed  shall  maintain  lights  on  both  sides  and  the  rear  thereof,  visible 
in  the  rear  and  on  both  sides  for  a  distance  of  at  least  two  hundred 
(200)  feet. 

Section  25.  TRAILERS.  (a)  Not  more  than  one  vehicle 
with  or  without  motive  power,  commonly  called  a  trailer,  may  be 
attached  to  another  vehicle  having  motive  power. 

(b)  No  trailer  shall  be  attached  to  any  vehicle  in  such  a 
manner  as  to  leave  more  space  than  five  (5)  feet  between  the  rear 
line  of  the  body  of  the  front  vehicle  and  the  front  of  the  body  of 
such  trailer. 

(c)  Every  vehicle  used  as  a  trailer  shall  be  subject  to  all 
the  provisions  of  ordinances  relating  to  license  and  lights  for  the 
vehicle  to  which  it  is  attached. 


July  6,  1926]  city  of  Indianapolis,  ind.  21.3 


vehicle  or  trailer  operated  by  the  City  of  Indianapolis,  except  as  to 
the  provisions  for  lights. 

Section  26.  AGE  OF  DRIVER.  No  person  under  fourteen 
(14)  years  of  age  shall  be  permitted  to  drive  any  horse-drawn 
vehicle. 

Section  27.  PERMITTING  CHILD  TO  DRIVE.  It  shall  be 
unlawful  for  the  owner  of  any  motor  vehicle  or  motor  bicycle  or 
other  person,  to  permit  the  same  to  be  driven  by  any  person  under 
sixteen  (16)  years  of  age,  and  it  shall  be  unlawful  for  the  owner  of 
any  horse-drawn  vehicle  or  other  person  to  permit  the  same  to  be 

(d)  Provided,  however,  that  this  section  shall  not  apply  to  any 
driven  by  any  person  under  the  age  of  fourteen  (14)  years. 

Section  28.  HANGING  ON  VEHICLES.  No  one  shall  ride 
upon,  hold  to  or  hang  upon  any  vehicle  in  such  manner,  that  his 
body  or  any  part  of  it,  shall  protrude  beyond  the  limits  of  the 
vehicle. 

Section  29.  USE  OF  RED  LIGHT.  (a)  No  vehicle  except- 
ing those  of  the  Fire  Force,  Police  Force,  Emergency  Ambulances 
and  Salvage  Corps,  shall  use  red  light,  as  flash  lights  or  spot  lights 
on  the  front  of  said  vehicle. 

Section  30.  QUIET  ZONE.  (a)  There  is  herby  created  and 
established  a  "Zone  of  Quiet,"  in  all  territory  embraced  in  a  dis- 
tance of  two  hundred  and  fifty  (250)  feet  from  the  premises  of!  each 
hospital  in  such  city.  The  Board  of  Public  Safety  may  place  at 
some  conspicuous  place  in  said  street,  within  such  radius  of  two 
hundred  and  fifty  (250)  feet,  a  sign  or  placard  containing  the  follow- 
ing words,  "ZONE  OF  QUIET."  No  person  or  vehicle  shall  make 
any  loud  or  unusual  noise,  sound  of  music  within  or  upon  any  of  the 
streets,  alleys,  or  public  places  within  any  such  "Quiet  Zones,"  and 
the  making  of  the  same  is  hereby  declared  to  be  a  nuisance. 

(b)  The  use  of  any  automobile  horn  for  any  purpose  other 
than  as  a  warning  of  the  approach  or  as  a  danger  signal  is  hereby 
declared  to  be  a  nuisance. 

(c)  No  siren,  whistle,  gong,  horn  or  device,  such  as  are  used 
by  the  Fire  Department  Vehicles,  Police  Department  Vehicles,  Sal- 
vage Corps  vehicles,  Emergency  Ambulances,  both  public  and  private. 
U.  S.  Mail  vehicles,  and  the  Emergency  Repair  vehicles  of  public 
utility  companies,  shall  be  used  on  bicycles,  motor  bicycles,  automo- 
biles, motor  trucks,  or  other  vehicles  not  herein  mentioned  and  such 
use  thereof  is  declared  to  be  a  nuisance. 

Section  31.  STREET  CARS.  (a)  Street  cars  shall  have  the 
right-of-way  over  all  other  traffic  except  as  herein  otherwise  pro- 
vided, between  cross  streets.  In  case  any  vehicle  or  person  shall  be 
in  or  upon  any  track  over  which  an  approaching  street  car  is  travel- 
ing, the  operator  of  such  street  car  shall  signal  the  driver  of  such 
vehicle,  and  upon  such  signal  it  shall  be  the  duty  as  soon  as  pract- 
icable for  such  driver  of  such  vehicle  or  such  pedestrian  to  turn  out 
of  such  track. 

(b)  The  operator  of  any  street  car  when  the  same  is  exceed- 
ing the  rate  of  speed  of  ten  (10)  miles  per  hour,  shall  not  operate 
the  same  except  at  a  distance  of  more  than  two  hundred  (200)  feet 
from  any  other  street  car  on  the  same  track,  and  when  such  street 


214  journal  of  common  council  rReerilar  Meeting 


car  is  being  operated  at  a  speed  not  exceeding  ten  (10)  miles  per 
hour,  or  when  such  street  car  is  stopped  during  blockades  or  other- 
wise a  clear  space  of  not  less  than  ten  (10)  feet  shall  be  kept  be- 
tween such  street  can  and  any  other  street  car  on  the  same  track, 
provided  however,  that  this  provision  shall  not  apply  in  case  of  two 
or  more  street  cars  or  traitors  attached  together,  or  about  to  be 
attached  together  for  the  purpose  of  being- operated  while  connected 
with  each  other. 

(c)  City  street  cars  and  interurban  cars  shall  not  be  operated 
at  any  place  within  the  city  at  a  greater  rate  of  speed  than  twenty- 
five  (25)  miles  per  hour,  outside  the  Congested  District,  and  not  ex- 
ceeding ten   (10)   miles  per  hour  within  the  Congested  District. 

(d)  All  passengers  must  be  loaded  and  unloaded  in  Safety 
Zones  as  marked  by  the  Police  Department. 

Sec.  32.  FRONT  SEATS.  Not  more  than  three  persons, 
including  the  driver,  shall  ride  in  the  front  seat  of  an  automobile. 

Sec.  33.  MOVING.  No  person,  firm  or  corporation  shall  move 
into  or  out  of  any  building  within  the  Congested  District,  the  fur- 
nishings, equipment  or  personal  property  of  any  residence  office  or 
business  place,  in  any  moving  van  or  vehicle,  between  the  hours  of 
8  a.  m.  and  7  p.  m.  without  first  procuring  a  permit  to  do  so  from 
the  traffic  department  of  the  Indianapolis  Police  Department.  This 
ordinance  is  not  intended  to  apply  to  the  delivery  of  merchandise. 

Sec.  34.  BUSSES.  Busses  shall  stop  on  the  near  side  of  the 
crossing  only,  and  at  the  curb,  outside  the  congested  district.  In- 
side the  congested  district,  the  traffic  department  of  the  Indianapolis 
Police  Department  may  establish  and  designate  safety  zones,  in 
addition  to  thise  enumerated  herein,  where  busses  may  load  and 
unload  passengers. 

Sec.  REPORTING  AT  TRAFFIC  OFFICE.  Notice.  When- 
ever a  member  of  the  Police  Force  shall  find  that  any  of  the  provi- 
sions of  this  ordinance,  relating  to  Traffic  Regulations,  are  being 
violated  by  the  owner  or  operator  of  any  vehicle  such  officer  shall 
notify  such  owner  or  operator  in  writing  of  such  violation  and  for 
him  to  report  at  the  Traffic  Office  within  seventy-two  hours.  Such 
notice  shall  be  made  in  duplicate  and  shall  show  the  specific  viola- 
tion, the  State  License  number  of  such  vehicle  and  the  owner's  name, 
if  possible  to  obtain  the  same,  and  shall  be  signed  by  such  police 
officer  giving  his  badge  number.  One  copy  of  such  notice  shall  be 
presented  to  the  owner  of  such  vehicle  or  his  representative  when 
found  in  charge  of  such  vehicle,  and  in  case  such  owner  or  his  repre- 
sentative be  not  found  in  possession  or  in  charge  thereof,  the  post- 
ing of  such  notice  in  a  conspicuous  place  upon  the  vehicle  shall  be 
deemed  sufficient  notice  of  such  violation.  It  shall  be  the  duty  of 
such  police  office  to  make  a  report  to  the  Traffic  Office  of  the  service 
of  such  notice  which  report  shall  give  the  nature  of  the  violation, 
the  State  License  number  of  the  vehicle  and  the  name  of  the  owner 
upon  whom  such  notice  was  served,  if  possible  to  obtain  it.  The 
owner  or  operator  of  such  vehicle  who  has  been  notified  of  a  viola- 
tion of  the  Traffic  Regulations  as  herein  provided  shall,  within 
seventy-two  hours  after  having  been  notified,  present  himself,  to- 
gether with  the  notice,  at  the  Traffic  Office  at  Police  Headquarters, 
and  for  the  first  violation  of  any  traffic  regulation  as  herein  provided 
shall  pay  to  the  City  Clerk  a  fee  of  two  dollars    ($2.00)  ;  for  the 


July  6,  1926]  city  of  Indianapolis,  ind.  215 


second  violation,  a  fee  of  three  dollars  ($3.00)  ;  and  for  each  subse- 
quent violation,  a  fee  of  five  dollars   ($5.00). 

Sec.  3G.  RECEIPT  FOR  FEES,  ACCOUNTING.  Upon  the 
payment  of  the  fee  provided  in  the  next  preceding  section  the  City 
Clerk  shall  issue  a  receipt  to  the  owner  of  such  vehicle,  or  his  repre- 
sentative, and  it  is  hereby  made  the  duty  of  said  Clerk  to  keep  a 
correct  record,  showing  the  amount  so  paid,  the  date  thereof,  the 
number  of  the  State  License,  and  the  name  of  the  owner,  and  shall 
designate  the  violation  for  which  such  fee  is  paid,  and  whether  or  not 
such  violation  is  the  first,  second,  or  a  subsequent  violation  by  such 
owner.  And  it  is  made  the  duty  of  such  Clerk  to  account  for  all 
fees  assessed  and  collected  by  him  under  the  provisions  of  this  and 
the  next  preceding  section  and  to  pay  the  same  into  the  City  Treas- 
ury once  each  month. 

Sec.  37.  FAILURE  TO  REPORT.  Whenever  any  person  who 
has  been  notified  to  appear  as  provided  in  the  next  preceding  two 
sections  of  this  ordinance  shall  fail  or  refuse  to  present  himself  at 
the  Traffic  Office  within  seventy-two  hours  after  service  of  such 
notice,  or  shall  fail  to  pay  the  fee  provided  for  his  offense,  it  is  here- 
by made  the  duty  of  the  officer  serving  such  notice  to  file,  or  cause  to 
be  filed,  in  the  proper  court,  an  affidavit  charging  such  person  with 
the  violation  specified  in  the  notice,  and  to  assist  in  the  prosecution 
of  such  charge. 

Sec.  38.  PENALTY.  It  is  hereby  made  the  duty  of  every 
person,  firm  or  corporation,  operating  any  vehicle  within  such  city, 
or  causing  or  permitting  the  use  or  operation  of  any  such  vehicle  to 
comply  with  all  the  provisions  of  this  ordinance  with  reference  to 
traffic.  Any  person  violating  any  of  the  above  provisions  of  the  next 
preceding  thirty-two  sections,  shall,  on  conviction  be  fined  in  any 
sum  not  exceeding  Three  Hundred  ($300.00)  Dollars,  to  which  may 
be  added  imprisonment  not  exceeding  one  hundred  and  eighty  (180) 
days. 

Sec.  39.  This  ordinance  shall  be  in  effect  from  and  after  its- 
passage. 

Which  was  read  a  first  time  and  referred  to  a  Special 
Committee  consisting  of  Mr.  Raub,  Chairman;  Mr. 
Springsteen,.  Mr.  Dorsett,  Mr.  Bartholomew  and  Mr 
Ferguson. 


GENERAL  ORDINANCE  NO.  49,  1926 

AN  ORDINANCE,  to  prohibit  the  use  of  any  property  within  the 
corporate  limits  of  the  City  of  Indianapolis  as  a  public  or  pri- 
vate dumps,  for  inflammable  materials,  declaring  the  same  a 
fire  hazard,  fixing  a  penalty  for  the  violation  of  the  same,  de- 
fining inflammable  mat~-*ial,  declaring  an  emergency  and  fixing 
a  time  when  the  same  oiiall  take  effect. 

WHEREAS,  certain  ^iats  of  ground  and  other  places  in 
different  communities  of  the  City  of  Indianapolis  are  now  be- 
ing used  as  a  dumping  ground,  and 


216  journal  OF  common  council  [Regular  Meeting 


WHEREAS,  there  have  been  numerous  fires  in  and  on  the 
said  dumps,  caused  from  inflammable  materials  costing  the  tax- 
payers of  the  City  of  Indianapolis  several  thousands  of  dollars 
to  put  out  and  abate  these  fires,  and 

WHEREAS,  it  has  been  necessary  for  the  City  of  Indian- 
apolis to  keep  certain  fire  apparatus  stationed  at  a  number  of 
these  various  dumping  grounds  almost  continuously,  and 

WHEREAS,  the  City  of  Indianapolis  by  and  through  its 
Fire  Department,  Board  of  Public  Health  and  Fire  Prevention 
Bureau  have  declared  these  various  dumping  grounds  unsanitary 
and  a  fire  hazard,  Now  Therefore 

Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 

Section  1.  That  it  shall  be  unlawful  for  any  person,  firm,  cor- 
poration or  association  to  hereafter  dump  or  cause  to  be  dumped 
any  inflammable  waste  or  refuse  whatsoever  upon  any  property 
located  within  the  corporate  limits  of  the  City  of  Indianapolis. 
Section  2.  INFLAMMABLE  MATERIAL  DEFINED.  The  words 
"inflammable  materials''  as  used  in  this  ordinance  shall  be  con- 
strued to  mean  anything  inflammable  or  combustible,  such  as:  paper 
cartons  and  boxes,  oil,  waste,  excelsior,  automobiles  or  parts  thereof, 
rubber,  or  rubber  tires,  oil  paper,  scrap  paper,  tar  paper,  garbage,  or 
any  other  inflammable  or  combustible  materials. 

Section  3.  Any  person,  firm,  corporation  or  association  who 
shall  violate  any  provision  of  this  ordinance  shall  upon  conviction 
for  the  first  offense  be  subject  to  a  fine  of  not  less  than  $100,  nor 
more  than  $200,  and  for  the  second  or  any  subsequent  offense  be 
subject  to  a  fine  of  not  less  than  $100,  nor  more  than  $200,  to  which 
may  be  added  imprisonment  in  the  Marion  County  Jail  for  not  less 
than  thirty  days  nor  more  than  sixty  days. 

Section  4.  All  ordinances  or  parts  of  ordinances  which  may  be 
in  conflict  with  this  ordinance  are,  insofar  as  they  so  conflict,  hereby 
repealed. 

Section  5.  If  any  section  or  any  part  of  any  section  of  this 
ordinance  shall  be  declared  unconstitutional  by  a  court  of  competent 
jurisdiction  then  the  remainder  shall  not  be  affected  thereby  and 
such  other  provisions  shall  continue  in  full  force  and  effect. 

Section  6.  WHEREAS,  an  emergency  has  been  declared  to 
exist,  this  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  'City  Welfare. 


By  Mr.  Bartholomew: 

GENERAL  ORDINANCE  NO.  50,  1926 

AN  ORDINANCE,  to  amend  Section  476,  Sub-section  8,  of  General 
Ordinance  No.  121,  1925,  entitled:  "An  Ordinance  concerning 
the  government  of  the  City  of  Indianapolis,  providing  penalties 


July  6,  1926]  city  of  Indianapolis,  ind.  217 


for  its  violation  and  with  stated  exceptions  repealing  all  former 
ordinances." 

Be  It  Ordained  by  the  Common  Council  of  the  City  of  IndianapoliSj  Ind.: 
Section  1.  That  Section  476,  Sub-section  8,  of  General  Or- 
dinance No.  121,  1925,  entitled:  "An  Ordinance  concerning  the 
government  of  the  City  of  Indianapolis,  providing  penalties  for  its 
violation  and,  with  stated  exceptions,  repealing  all  former  ordi- 
nances," be  amended  to  read  as  follows: 

SECTION  476,  (8).  DANCING.  For  the  maintenance  of  any 
dance  hall  or  any  hall  or  building  used  exclusively  for  dancing  or 
amusement  purposes,  and  the  giving  of  dances  therein,  other  than 
a  private  residence,  Two  Hundred  ($200.00)  Dollars  per  year.  Pro- 
vided, That  no  license  shall  be  required  for  the  giving  of  any  pri- 
vate dance  in  connection  with  any  school  or  class  for  the  teaching 
of  dancing,  given  by  the  proprietor  or  manager  of  such  school  on 
behalf  of  the  regular  pupils,  to  which  no  admission  fee  is  charged ; 
Provided  further,  that  for  any  dance  given  in  a  room,  hall  or  build- 
ing, which  is  also  used  for  the  serving  of  foodstuffs  other  than  soft 
drinks,  the  license  fee  shall  be  one  dollar  per  day;  Provided  further, 
that  for  any  dance  given  in  any  room,  hall  or  building  other  than  a 
private  residence,  and  which  is  not  used  exclusively  for  dancing  or 
amusement  purposes,  the  license  fee  shall  be  one  dollar  per  day. 

Section  2.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Safety. 


By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  51,  1926 

AN  ORDINANCE,  authorizing  the  City  of  Indianapolis  to  make  a 
Temporary  Loan  or  Loans  for  the  use  of  the  Board  of  Health 
of  the  City  of  Indianapolis,  Indiana,  in  anticipation  of  its  cur- 
rent revenues  and  payable  out  of  the  current  revenues  of  said 
Board  of  Health  for  the  year  1926,  authorizing  the  rate  of 
interest  to  be  charged  therefor,  providing  for  legal  notice  and 
fixing  a  time  when  the  same  shall  take  effect. 

WHEREAS,  the  Board  of  Health  of  the  City  of  Indianapolis, 
Indiana,  on  the  15th  day  of  July,  1926,  will  be  and  continue  to  be 
until  the  15th  day  of  December,  1926,  without  sufficient  funds  to 
pay  its  salary  pay  roll  and  other  current  expenses  for  Board  of 
Health  purposes,  and 

WHEREAS,  the  said  current  expenses  and  said  pay  rolls  for 
said  period  will  amount  to  approximately  One  Hundred  and  Twenty- 
Five  Thousand  ($125,000.00)  Dollars,  and 

WHEREAS,  the  second  semi-annual  installment  of  taxes  levied 
by  the  City  of  Indianapolis,  for  general  Board  of  Health  purposes 
for  the   year   1925,   and   collectible   on    or   before   the    15th   day   of 


218  JOURNAL  OF  COMMON  COUNCIL  1  l\('91llar   McctillEf 


November,  1926,  will  amount  to  more  that  One  Hundred  and  Fifty 
Thousand  ($150,000.00)  Dollars. 

NOW  THEREFORE,  be  it  resolved  by  the  Board  of  Health  of 
the  City  of  Indianapolis,  Indiana,  that  an  ordinance  be  prepared  and 
presented  to  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana,  for  passage  for  the  making  of  a  Temporary  Loan  or  Loans, 
by  the  City  of  Indianapolis,  for  the  total  sum  of  One  Hundred  and 
Twenty-five  Thousand  ($125,000.00)  Dollars  for  the  use  of  said 
Board  of  Health,  for  said  purposes,  at  a  rate  of  interest  not  to 
exceed  six  (6%)  per  cent  per  annum,  and  for  a  period  not  exceed- 
ing five  months  from  the  date  of  such  Temporary  Loan  or  Loans  to 
be  made  in  anticipation  of  the  current  revenues  of  the  said  Board 
(of  Health  and  collectible  in  the  year  1926;  said  Loan  or  Loans  to 
bear  interest  at  said  rate,  as  herein  stated  from  the  time  each  parcel 
of  said  loan  or  lo"ans  are  checked  out  for  the  use  of  said  Board  of 
Health,  and 

BE  IT  FURTHER  RESOLVED,  by  said  Board  of  Health,  that 
there  be  and  hereby  is  appropriated  out  of  the  current  revenues  of 
said  Board  of  Health  for  the  year  1926,  for  the  purpose  of  paying 
said  loan  or  loans  and  interest  thereon  as  the  same  become  due,  the 
sum  of  One  Hundred  and  Twentv-eight  Thousand,  One  Hundred  and 
Twenty-five    ($128,125.00)    Dollars. 

Now  Therefore,  Be  It  Ordained  by  the  Connno.n  Coiincil  of  the  City  of 
Indianapolis,   Indiana : 

Section  1.  That  the  City  Controller  be  and  is  hereby  authorized 
and  empowered  to  negotiate  a  Temporary  Loan  or  Loans  for  the 
use  of  the  Board  of  Health  of  the  City  of  Indianapolis,  Indiana,  in 
anticipation  of  current  revenues  of  said  Board  of  Health  for  the 
year  1926,  said  Loan  or  Loans  to  be  made  for  the  total  sum  not  to 
exceed  One  Hundred  and  Twenty  Five  Thousand  ($125,000.00) 
Dollars,  and  payable  out  of  the  current  revenues  of  said  Board  at 
a  rate  of  interest  not  to  exceed  six  (6%)  per  cent  per  annum  and 
for  and  during  a  period  not  exceeding  five  (5)  months  from  the 
date  thereof;  Said  Loan  or  Loans  to  be  available  and  subject  to 
check  by  said  City  for  the  use  of  said  Board  of  Health,  as  follows: 
Fifty  Thousand  ($50,000.00)  Dollars,  August  first,  1926,  Fifty 
Thousand  ($50,000.00)  Dollars,  September  first,  1926,  and  Twenty 
Five  Thousand  ($25,000.00)  Dollars,  September  15th,  1926.  Said 
loan  or  loans  bearing  interest  not  exceeding  the  rate  as  herein  pro- 
vided, from  the  dates  as  herein  set  forth,  to-wit :  August  first; 
September  first,  and  September  15th,  1926.  Said  Board  of  Health 
shall  have  the  privilege  to  make  a  partial  payment  on  said  loan  or 
loans,  at  anytime,  before  said  loan  or  loans  are  due,  and  when  any 
such  payment  or  payments  are  made,  the  interest  on  any  such  pay- 
met  so  made  shall  cease.  After  the  publication  of  the  herein  deter- 
mination to  issue  such  Temporary  Loan  or  Loans,  and  as  provided  in 
Section  2,  of  this  ordinance,  said  loan  or  loans  shall  be  let  to  the 
lowest  bidder  at  competitive  bidding  on  the  annual  rate  of  interest 
under  condititons  prescribed  in  notice  of  the  same,  which  shall  be 
published  for  at  least  one  day  in  at  least  one  daily  newspaper  of 
general  circulation  of  said  City.  The  Mayor,  City  Controller  are 
hereby  authorized  and  directed  to  execute  the  proper  obligations  of 
said  City  for  the  amount  or  amounts  so  borrowed,  which  shall  also 


July  6,  1926]  city  of  Indianapolis,  ind.  219 


be  countersigned  by  the  president  of  the  Board  of  Health  and  to  the 
payment  of  said  obligations  the  faith  of  the  City  of  Indianapolis,  is 
hereby  irrevocably  pledged. 

Section  2.  The  Mayor,  City  Controller  and  Corporation 
Counsel  are  hereby  authorized  and  directed  to  publish  notice  of  the 
determination  herein  made,  to  issue  the  bonds  or  other  evidence  of 
indebtedness  for  such  temporary  loan  or  loans  as  required  by  law. 

Section  3.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  a  Special 
Committee  consisting  of  Mr.  Ferguson,  Chairman;  Mr. 
Dorsett,  Dr.  Todd,  Mr.  Bartholomew  and  Mr.  Negley. 


By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  52,  1926 

AN  ORDINANCE  transferring  the  sum  of  Twenty-Five  Hundred 
($2,500.00)  Dollars  from  Fund  No.  25,  Police  Department,  De- 
partment of  Public  Safety,  and  reappropriating  the  same  to 
Fund  No.  45,  Police  Department,  Department  of  Public  Safety; 
and  transferring  and  reappropriating  the  sum  of  Thirty-Six 
Hundred  (3,600.00)  Dollars  from  Fund  No.  33,  Police  Depart- 
ment, Department  of  Public  Safety,  as  follows:  Two  Thousand 
($2,000.00)  Dollars  to  be  transferred  and  reappropriated  to 
Fund  No.  72,  Police  Department,  Department  of  Public  Safety; 
Five  Hundred  ($500.00)  Dollars  to  be  transferred  and  reappro- 
priated to  Fund  No.  36,  Police  Department,  Department  of 
Public  Safety;  Two  Hundred  ($200.00)  Dollars  to  be  trans- 
ferred and  reappropriated  to  Fund  No.  41,  Police  Department, 
Department  of  Public  Safety;  Seventy-five  ($75.00)  Dollars 
to  be  transferred  and  reappropriated  to  Fund  No.  22,  City 
Dog  Pound,  Department  of  Public  Safety;  One  Hundred  and 
Seventy -five  ($175.00)  Dollars  to  be  transferred  and  re- 
appropriated to  Fund  No.  25,  City  Dog  Pound,  Department  of 
Public  Safety;  One  Hundred  ($100.00)  Dollars  to  be  trans- 
ferred and  reappropriated  to  Fund  No.  31,  City  Dog  Pound, 
Department  of  Public  Safety;  One  Hundred  ($100.00)  Dollars 
to  be  transferred  and  reappropriated  to  Fund  No.  32,  City 
Dog  Pound,  Department  or4  Public  Safety;  Two  Hundred 
($200.00)  Dollars  to  be  transferred  and  reappropriated  to 
Fund  No.  33,  City  Dog  Pound,  Department  of  Public  Safety; 
Fifty  Dollars  ($50.00)  to  be  transferred  and  reappropriated 
to  Fund  No.  34,  City  Dog  Pound,  Department  of  Public  Safety; 
and  Two  Hundred  ($200.00)  Dollars  to  be  transferred  and 
reappropriated  to  Fund  No.  45,  City  Dog  Pound,  Department 
of  Public  Safety;  declaring  an  emergency  and  fixing  a  time 
when  the  same  shall  take  effect. 

Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 

Section  1.      That  the  sum  of  Twenty-five  Hundred    ($2,500.00) 
Dollars   be   and  the   same   is   hereby   now   transferred   and   reappro- 


220  journal  of  common  council  [Reerular  Meeting 


priated  from  Fund  No.  25,  Police  Department,  Department  of 
Public  Safety,  to  Fund  No.  45,  Police  Department,  Department  of 
Public  Safety;  that  the  sum  of  Thirty-six  Hundred  ($3,600.00) 
Dollars  be  and  the  same  is  hereby  now  transferred  and  reappro- 
priated  from  Fund  No.  33,  Police  Department,  Department  of 
Public  Safety,  to:  Two  Thousand  ($2,000.00)  Dollars  to  Fund  No. 
72,  Police  Department,  Department  of  Public  Safety;  Five  Hundred 
($500.00)  Dollars  to  Fund  No.  36,  Police  Department,  Department 
of  Public  Safety;  Two  Hundred  ($200.00)  Dollars  to  Fund  No.  41, 
Police  Department,  Department  of  Public  Safety;  Seventy-five 
($75.00)  Dollars  to  Fund  No.  22,  City  Dog  Pound,  Department  of 
Public  Safety;  One  Hundred  and  Seventy-five  ($175.00)  Dollars  to 
Fund  No.  25,  City  Dog;  Pound,  Department  of  Public  Safety;  One 
Hundred  ($100.00)  Dollars  to  Fund  No.  31,  City  Dog;  Pound,  De- 
partment of  Public  Safety;  One  Hundred  ($100.00)  Dollars  to  Fund 
No.  32,  City  Dog  Pound,  Department  of  Public  Safety;  Two  Hun- 
dred ($200.00)  Dollars  to  Fund  No.  33,  City  Dog;  Pound,  Depart- 
ment of  Public  Safety;  Fifty  ($50.00)  Dollars  to  Fund  No.  34, 
City  Dog  Pound,  Department  of  Public  Safety;  Two  Hundred 
($200.00)  Dollars  to  Fund  No.  45,  City  Dog  Pound,  Department  of 
Public  Safety. 

Section    2.      This    ordinance    shall    be    in    full   force    and    effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 


By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  53,  1926 

AN  ORDINANCE,  to  require  the  payment  of  a  fee  of  One  ($1.00 
Dollar  for  any  and  all  live  dogs  taken  from  the  City  Dog 
Pound,  City  of  Indianapolis,  providing  that  any  person  so  tak- 
ing one  of  these  dogs  obtain  a  license  within  seven  days  there- 
after, requirig  the  City  Pound  Keeper  to  keep  a  correct  and  ac- 
curate account  of  all  moneys  received  by  him,  turn  the  same 
over  to  the  City  Controller  at  the  end  of  each  working  day,  to 
be  placed  in  the  General  Fund  of  the  City  of  Indianapolis,  re- 
pealing any  and  all  ordinances  in  conflict  therewith,  declarig 
an  emergency,  and  fixing  a  time  when  the  same  shall  take 
effect. 

Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 

Section  1.  That  any  person  or  persons  obtaining*  a  dog  or 
dogs  from  the  City  Dog  Pound  shall  hereafter  pay  One  (1.00) 
Dollar  each  for  the  same. 

Section  2.  That  any  person  so  obtaining  one  or  more  dogs 
shall  provide  each  with  a  license  within  seven  days  thereafter. 

Section  3.  That  the  City  Pound  Keeper  shall  hereafter  keep 
a  true  and  correct  record  of  all  such  collections,  giving  a  receipt  for 
the  same,  turning  all  such  moneys  over  to  the   City  Controller  at 


July  C,  1926]  city  of  Indianapolis,  ind.  221 


the  end  of  each  working-  day,  to  be  deposited  in  the  General  Fund 
of  the  City  of  Indianapolis. 

Section  4.  That  any  and  all  ordinances  heretofore  enacted 
that  in  any  way  conflict  with  this  ordinance  shall  now  be  repealed. 

Sectio  5.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Board  of  Works. 


INTRODUCTION  OF  MISCELLANEOUS  BUSINESS 

By  Mr.  Negley: 

RESOLUTION  NO.  9,   1926 

WHEREAS,  the  established  and  customary  means  of  transpor- 
tation by  City  Street  Car  Service  within  our  City  Limits  has  been 
disarranged,  impaired,  and  curtailed  by  reason  of  the  failure  of  the 
management  of  the  Indianapolis  Street  Railway  Company  and  its 
employees  to  reach  an  amicable  and  mutually  satisfactory  settle- 
ment of  the  differences  that  have  arisen  between  them,  and 

WHEREAS,  the  peace  and  tranquility  of  the  City  of  Indian- 
apolis and  all  of  its  inhabitants  is  thereby  threatened,  and 

WHEREAS,  it  is  evident  from  our  knowledge  of  the  present 
situation  that  the  employees  of  the  said  Indianapolis  Street  Railway 
Company  are  willing  to  arbitrate  their  differences  with  their  em- 
ployers and  that  the  Mayor  of  our  City  so  far  has  failed  to  persuade 
the  Indianapolis  Street  Railway  Company  to  agree  to  the  arbitration 
of  the  difficulties  involved  and, 

WHEREAS,  the  Police  and  Fire  Departments  of  the  City  of 
Indianapolis  are  being  used  to  make  a  hostile  and  unwarranted 
display  of  force  against  peaceable  citizens  of  our  City  while  en- 
gaged in  exercising  their  inherent  American  rights, 

NOW,  THEREFORE,  BE  IT  RESOLVED,  by  the  Common 
Council  of  the  City  of!  Indianapolis,  Indiana,  that  this  Council,  by 
the  adoption  of  this  Resolution,  does  call  upon  our  Mayor,  the 
Board  of  Safety,  and  the  heads  of  the  Police  and  Fire  Departments 
to  adopt  and  ("continue  to"  inserted  by  amendment)  maintain  a 
fair  and  impartial  attitude  in  the  present  controversy  between  the 
management  and  employees  of  the  Indianapolis  Street  Railway 
Company  and  to  abstain  from  any  demonstration  or  display  of  un- 
necessary force  other  than  that  required  to  furnish  Police  and  Fire 
protection  to  all  the  citizens  of  our  City  to  which  they  are  by  law 
entitled,  and 

BE  IT  FURTHER  RESOLVED,  that  this  Council  call  upon  the 
Mayor  of  our  City  forthwith  to  take  the  initiative  in  a  sincere  effort 
on  his  part  to  bring  the  two  disagreeing  parties  to  the  present  con- 
troversy to  a  speedy  and  amicable  settlement  of  their  differences 
by  means  of  arbitration  in  order  that  the  general  welfare  or  the 
City  of  Indianapolis  and  all  of  its  citizens  might  not  be  threatened 
or  impaired,  and 


22Z  joo"kn"AL  of  •  common"  counttl  fKesruTar  Meeting: 


BE  IT  FURTHER  RESOLVED,  That  this  Resolution  when: 
passed  and  properly  executed,  shall  be  binding  upon,  the  City  Officials, 
mentioned  herein  and  the  same  shall  have  the  same  force,  effect  and. 
authority  as  any  City  Ordinance  would  have  when  passed  by  this, 
body. 

CLAUDE  EL  NEGLEY. 

By  Mr.  Bartholomew: 

RESOLUTION  NO.  10,  1926 

WHEREAS,  The  funds  in  the  Department  of  Public  Works,, 
Street  Commissioner's  Unit,  are  in  a  depleted  condition  at  the  present- 
time,  and 

WHEREAS,  There  was  approximately  One  Hundred  and  Eight 
Thousand  ($108,000.00)  Dollars  recently  turned  over  to  the  City 
Controller  by  the  State  of  Indiana,  as  the  City's  share  of  gasoline 
tax  received  during  the  year  1925,  and 

WHEREAS,  There  are  now  a  number  of  streets  in  the  City  of 
Indianapolis  m  need  of  immediate  repair.     Now,  therefore 

Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  hid.: 
That  Roosevelt  Avenue*  between,  the  BeLt  Railroad  and  Nine- 
teenth Street,  be  resurfaced  out  of  said  funds  known  as  "Gasoline. 
Tax  Funds  of  the  City  of  Indianapolis,"  and  Be  it  further 

RESOLVED,  That  if  this  Fund  is  still  unexhausted  after  the  re- 
surfacing of  Roosevelt  Avenue,  as  above  mentioned,  that  Hillside. 
Avenue,  between  Nineteenth  Street  and  Bloyd  Avenue,  be  resurfaced 
as  far  as  possible  out  of  the  remaining  funds  in  said  Gasoline  Tax 
Funds  of  the   City   of  Indianapolis. 

OTIS  E.  BARTHOLOMEW. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Board  of  Works. 


ORDINANCES  ON  SECOND  READING 

Mr.  Dorsett  called  for  General  Ordinance  No.  46  for 
second  reading.     It  was  read  a  second  time. 

Mr.  Raub  presented  the  following  written  motion  to 
amend  General  Ordinance  No.  46: 

July  6,  1926. 

Mr.  President: 

I  move  that  General  Ordinance  No.  46,  1926,  be  amended  by 
striking  out  the  figures  and  words  "$100.00"  in  Paragraph  B,  Sec- 
tion 3,  of  said  Ordinance  and  inserting  in  lieu  thereof  the  figures 
and  words  "$25.00." 

EDW.  B.  RAUB. 


July  6,  1926]  'city  or  inuianavolis,  int>.  223 

Which  was  seconded  by  Mr.  Springsteen. 

Mr.  Dorsett  moved  to  table  Mr.  Raub's  motion  which 
was  seconded  by  Mr.  Bartholomew  and  passed  by  the 
following  vote: 

Ayes,  5,  viz.:  Messrs.  Dorsett,  Ferguson,  Bartholo- 
mew, Todd  and  President  Moore, 

Noes,  4,  viz.:  Messrs,  A  lb  erf  son,  Springsteen,  Raub 
and  Negley. 

Mr.  Dorsett  presented  the  following  motion  to  amend 
General  Ordinance  No.  46,  which  was  seconded  by  Mr. 
Bartholomew: 

July  8,  1'926. 

Mr.  President: 

I  move  trial  General  Ordinance  No.  4&,  1926,  amended  by 
changing  the  figures  1,000  and  800  in  Sections  1  and  2,  to  the  figures 
S00  and  600,,  respectively, 

WALTER  R.  DORSETT, 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  46,  as  amended,  was  order- 
ed engrossed,  read  a  third  time  and  placed  upon  its  pass- 
age. 

General  Ordinance  No.  46,  as  mended,  was  read  a 
third  time  and  passed  by  the  following  vote: 

Ayes,  6,  viz.:  Messrs.  Negley,  Dorsett,  Ferguson, 
Bartholomew,  Todd  and  President  Moore. 

Noes,  3,  viz.:  Messrs.  Albertson,  Springsteen  and 
Raub. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
45,  for  second  reading.    It  was  read  a  second  time, 

Mr.  Kaub  presented  the  following  motion  to  amend 
General  Ordinance  No.  45  which  was  seconded  by  Mr. 
Springsteen : 

July  6,  1926. 

Mr.  President: 

I  move  that  General  Ordinance  No.  45,  1926,  be  amended  at 
the    end   of   Section    1,    first   changing   the   period    to    a    semi-colon. 


224  journal  of  common  council  rRceular  Meeting 

"provided,  however,  that  no  member  of  the  Council  except  the  Coun- 
cil's representative  on  the  City  Plan  Commission  shall  be  eligible  to 
appointment. 

EDWARD  B.  RAUB. 

Mr.  Bartholomew  moved  to  table  Mr.  Raub's  motion 
to  amend  General  Ordinance  No.  45  which  was  seconded 
by  Mr.  Dorsett. 

After  considerable  discussion  Mr.  Bartholomew  mov- 
ed to  reconsider  his  motion  to  table  Mr.  Raub's  motion 
which  was  seconded  by  Mr.  Albertson,  and  which  was 
passed  by  a  vote  of  eight  ayes  to  one  no,  Mr.  Dorsett  vot- 
ing no. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  45,  as  amended,  was  order- 
ed engrossed,  read  a  third  time  and  placed  upon  its  pass- 
age. 

General  Ordinance  No.  45,  as  amended,  was  read  a 
third  time  and  passed  by  unanimous  vote. 

Mr.  Raub  called  for  Resolution  No.  6  for  second  read- 
ing.   It  was  read  a  second  time. 

On  motion  of  Mr.  Albertson,  seconded  by  Mr. 
Bartholomew,  Resolution  No.  6  was  stricken  from  the 
files. 

Mr.  Albertson  called  for  General  Ordinance  No.  42 
for  second  reading.     It  was  read  a  second  time. 

On  motion  of  Mr.  Albertson,  seconded  by  Dr.  Todd, 
General  Ordinance  No.  42  was  ordered  engrossed,  read  a 
third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  42  was  read  a  third  time  and 
passed  by  unanimous  vote. 

Mr.  Albertson  called  for  General  Ordinance  No.  43 
for  second  reading.     It  was  read  a  second  time. 

On  motion  of  Mr.  Robinson,  seconded  by  Mr. 
Bartholomew,   General   Ordinance   No.   43   was   ordered 


July  6,  1926]  city  of  Indianapolis,  ind.  225 

engrossed,  read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  43  was  read  a  third  time  and 
passed  by  unanimous  vote. 

Mr.  Negley  called  for  Resolution  No.  9  for  passage. 

Mr.  Raub  moved  to  amend  Resolution  No.  9  by  in- 
serting the  words  "continue  to"  at  the  beginning  of  the 
fifth  line  of  the  fifth  paragraph  which  was  seconded  by 
Mr.  Springsteen. 

Mr.  Bartholomew  moved  to  table  Mr.  Raub's  motion 
which  was  seconded  by  Mr.  Dorsett,  which  failed  to  pass 
by  the  following  vote: 

Ayes,  3,  viz.:  Messrs.  Dorsett,  Bartholomew  and 
President  Moore. 

Noes,  6,  viz. :  Messrs.  Albertson,  Springsteen,  Raub, 
Negley,  Ferguson  and  Todd, 

Mr.  Raub's  motion  to  amend  Resolution  No.  9  was 
passed  by  the  following  vote : 

Ayes,  5,  viz.:  Messrs.  Albertson,  Springsteen,  Raub, 
Negley  and  Ferguson. 

Noes,  3,  viz. :  Messrs.  Dorsett,  Bartholomew  and 
President  Moore. 

Not  voting:  Dr.  Todd. 

Mr.  Bartholomew  moved  that  Resolution  No.  9  be 
stricken  from  the  files,  which  was  seconded  by  Mr.  Dor- 
sett, which  failed  to  pass  by  the  following  vote : 

Ayes,  4,  viz. :  Messrs.  Springsteen,  Bartholomew, 
Todd  and  President  Moore. 

Noes,  4,  viz.:  Messrs.  Springsteen,  Raub,  Negley  and 
Ferguson. 

Not  voting:     Mr.  Albertson. 

On   motion   of  Mr.   Bartholomew,   seconded    by   Mr. 


226 


journal  of  common  council  fReeular  Meeting 


Todd,  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana,  adjourned  at  9:10  o'clock  p.  m. 


u  t/  President. 


Attest; 


^^X^a^^r  U ,  /CU^^^,, 


City  Clerk. 


July  19,  1926]  city  of  Indianapolis,  ind.  229 

REGULAR  MEETING 

Monday,  July  19,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Monday,  July  19,  1926,  at  7:30 
p.  m.,  in  regular  session,  President  Boynton  J.  Moore  in 
the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore  and  seven  members, 
viz. :  Walter  R.  Dorsett,  Otis  E.  Bartholomew,  Claude  E. 
Negley,  Robert  E.  Springsteen,  O.  Ray  Albertson,  Millard 
W.  Ferguson  and  Edward  B.  Raub. 

Absent:     Austin  H.  Todd. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Albertson,  seconded  by  Mr.  Negley. 

COMMUNICATIONS  FROM   THE   MAYOR 

July  8,  1926. 
To  the  Honorable  President  and  Members  of  ine  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No. 
42,  1926.  "An  Ordinance  transferring  the  sum  of  One  Thousand 
($1000.00)  Dollars  from  Municipal  Garage,  Services  contractual, 
Account  No.  25,  Repairs,  and  reappropriating  the  same  to  Municipal 
Garage,  Materials,  Account  No.  45,  Repair  Parts,  in  the  Department 
of  Public  Works." 

And  General  Ordinance  No.  43,  1926.  "An  Ordinance,  to  trans- 
fer the  sum  of  Three  Hundred  ($300.00)  Dollars  from  Fund  No.  61, 
interest  on  Bonded  Debt,  Controller's  Office,  to  be  used  for  the  gen- 
eral Memorial  Association  for  the  old  soldiers  of  the  Republic  and 
for  defraying  expenses  of  Memorial  Day." 

J.  L.  DUVALL, 

Mayor. 

July  8,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No. 
45,  1926.     An  Ordinance  to  amend  General  Ordinance  No.  114,  1922, 


230  journal  of  common  council  [Regular  Meeting 


and  amendments  (exclusive  of  maps)  entitled:  "An  Ordinance  divid- 
ing the  City  of  Indianapolis  into  districts  for  the  purposes  of  regu- 
lating and  restricting  the  location  of  trades,  callings,  industries,  com- 
mercial advertisings  and  location  of  buildings  designed  for  specific 
uses,  of  classifying,  regulating  and  determining  the  area,  of  front, 
rear  and  side  yards  and  other  open  spaces  about  buildings;  of 
regulating  and  determining  the  use  and  intensity  of  use  of  land  and 
]ot  areas  within  such  city;  creating  a  Board  of  Zoning  Appeal;  de- 
fining certain  terms  used  in  said  ordinance;  providing  a  penalty  for 
its  violation  and  designating  the  time  when  the  same  shall  take 
effect,"  and  fixing  the  time  when  the  same  shall  take  effect. 

And  General  Ordinance  No.  46,  1926.  An  Ordinance  to  amend 
Sections  B-105,  B-204,  and  B-208,  entitled  "Indianapolis  Building 
Code"  of  General  Ordinance  No.  121,  1925,  being  an  ordinance  con- 
cerning the  Government  of  the  City  of  Indianapolis,  providing  pen- 
alties for  its  violation,  with  stated  exceptions,  repealing  all  former 
ordinances,  which  sections  pertain  to  "concrete  blocks,"  their  quality, 
crushing  strength,  requirements  for  marking,  approved  by  Building 
Commissioner,  and  fees. 

J.  L.  DUVALL, 

Mayor. 

REPORTS  FROM  CITY  OFFICERS 

July  19,   1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith  copies  of  an  ordinance 
authorizing  the  City  Controller  of  the  City  of  Indianapolis  to  make 
a  temporary  loan  or  loans  of  Seven  Hundred  Thousand  ($700,000.00) 
Dollars  in  anticipation  of  current  revenues  of  said  City  actually  lev- 
ied and  in  course  of  collection  for  the  fiscal  year  in  which  such  loans 
or  loans  are  made,  and  payable  out  of  the  current  revenues  of  said 
City  for  the  year  of  1926. 

I  respectfully  recommend  the  passage  of  this  odinance. 

Yours  very  truly, 

WM.  C.  BUSER, 

City  Controller. 

July  19,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith  a  general  ordinance 
transferring  the  sum  of  Five  Hundred  ($500.00)  Dollars  from  Ac- 
count, 25,  known  as  the  Board  of  Works  Buildings  Account — Re- 
pairs, to  Account  No.  72,  known  as  the  Board  of  Public  Works  Ac- 
count— Properties. 

I  respectfully  recommend  the  passage  of  this  odinance. 

Yours  very  truly, 

WM.  C.  BUSER, 
_  City  Controller. 


July  19,  1926]  city  of  Indianapolis,  ind.  231 

July  7,   1926. 
Mr.   Wm.  C.  Baser,  City  Controller,  Ci  ly  Hall, 
Dear  Sir: — 

It  is  the  desire  of  the  Board  of  Public  Works,  that  you  present 
an  ordinance  to  the  Common  Council  for  passage,  transferring  from 
Public    Buildings   Account,    No.    25,    Repairs — and   repappropriating 
the  same  to  Public  Buildings  Account,  No.  72 — Equipment. 
Yours  truly, 

WAYNE  G.  EMMELMAN, 
Clerk  of  Board  of  Public  Works. 


July  19,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen —  I  am  handing  you  herewith  copies  of  an  ordinance 
calling  for  the  authorization  of  borrowing  Eleven  Thousand 
($11,000.00)  Dollars  in  the  form  of  bonds  for  the  purpose  of  pro- 
curing money  to  be  used  in  the  construction  of  the  bridge  No.  814 
known  as  the  Bean  Creek  Bridge  at  Shelby  Street  in  the  City  of 
Indianapolis. 

I  respectfully  recommend  the  passage  of  this  odinance. 

Yours  very  truly, 

WM.  C.  BUSER, 

City  Controller. 

July  19?   1926. 
To  the  Honorable  President  and  Members  of  the  Common  Cowicil  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — The  City  Plan  Commission  respectfully  recom- 
mends that  your  Honorable  Body  act  favorably  on  the  accompanying 
ordinance,  which  deals  with  the  change  of  property  at  42nd  and 
College  Ave.,  from  residential  to  business  use. 

Yours  very  truly, 
CITY  PLAN  COMMISSION, 

MACKLIN  MACK, 

Engineer. 


REPORTS   OF   STANDING   COMMITTEES 

Indianapolis,  Ind.,  July  19,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  City  Welfare  to  whom  was 
referred  General  Ordinance  No.  44,  1926,  entitled  Prohibition  of  Sign 
Boards,  beg  leave  to  report  that  we  have  had  said  ordinance  under 


232  journal  of  common  council  [Regular  Meeting 

consideration,  and  recommend  that  the  same  be  stricken  from  the 

files. 

OTIS     E.     BARTHOLOMEW 
EDWARD   B.   RAUB 
CLAUDE    E.    NEGLEY 
ROBT.  E.SPRINGSTEEN. 

Indianapolis,  Ind.,  July  19,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  City  Welfare  to  whom  was 
referred  General  Ordinance  No.  49,  1926,  entitled  to  prohibit  the 
use  of  any  property  within  the  City  limits  being  used  for  private  or 
public  dumps,  beg  to  report  that  we  have  had  said  ordinance  under 
consideration,  and  recommend  that  the  same  be  passed. 

OTIS     E.     BARTHOLOMEW 
EDWARD   B.   RAUB 
ROBT.  E.   SPRINGSTEEN 
CLAUDE  E.  NEGLEY. 

INTRODUCTION  OF  GENERAL  ORDINANCES 
By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  54,  1926. 

AN  ORDINANCE,  authorizing  the  City  Controller  of  the  City  of 
Indianapolis  to  make  a  temporary  loan  or  loans  of  Seven  Hund- 
red Thousand  ($700,000.00)  Dollars  in  anticipation  of  current 
revenues  of  such  city  actually  levied  and  in  course  of  collection 
for  the  fiscal  year  in  which  such  loan  or  loans  are  made,  and  pay- 
able out  of  the  current  revenues  of  said  city  for  the  year  1926. 
Authorizing  the  rate  of  interest  to  be  charged  therefor,  pro- 
viding for  legal  notice,  appropriating  the  sum  of  Seven  Hundred 
and  Twelve  Thousand  ($712,000.00)  Dollars  for  the  payment 
of  the  same,  and  fixing  a  time  when  the  same  shall  take  effect. 

WHERAS  the  said  city  will  be  and  continue  to  be  until  the  15th  day 
of  October,  1926,  without  sufficient  funds  to  pay  the  salary 
payroll  and  other  current  expenses  for  municipal  purposes,  and 
the  said  current  expenses  and  said  payrolls  for  said  period 
amount  to  at  least  Seven  Hundred  Thousand  ($700,000.00) 
Dollars,  and 

WHEREAS,  the  second  semi-annual  installment  of  taxes  levied  by 
the  City  of  Indianapolis  for  its  purposes  for  the  year  1926,  and 
collectible  on  or  before  the  1st  day  of  November,  1926,  will 
amount  to  more  than  Seven  Hundred  and  Twelve  Thousand 
($712,000.00)    Dollars. 

Now  Therefore,  Be  It  Ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,   Indiana: 
Section  1.     That  the  City  Controller  be  and  is  hereby  author- 


July  19,  1926]  city  of  Indianapolis,  ind.  233 


ized  and  empowered  to  negotiate  a  temporary  loan  or  loans  in  an- 
ticipation of  the  current  revenues  of  said  city  actually  levied  and  in 
course  of  collection  for  the  fiscal  year  1926,  not  exceeding  the  total 
sum  of  Seven  Hundred  Thousand  ($700,000.00)  Dollars  for  a  period 
not  exceeding  the  periods  set  out  in  this  ordinance,  at  a  rate  of 
interest  not  exceeding  6%  per  annum.  The  City  Controller  is 
further  authorized  and  empowered  to  negotiate  such  loan  or 
loans  in  such  amounts  and  at  such  times  as  the  City  Con- 
troller may  deem  necessary,  subject  to  the  other  provisions  of 
this  ordinance.  After  the  publication  of  the  notice  of  the  determin- 
ation herein  made  to  issue  bonds,  warrants,  or  other  evidence  of  in- 
debtedness for  such  temporary  loan  or  loans,  and  as  provided  in  the 
ordinance,  said  loan  or  loans  shall  be  let  to  the  lowest  bidder,  at  com- 
petitive bidding  on  the  annual  rate  of  interest  under  conditions  pre- 
scribed in  notice  of  the  same,  which  shall  be  published  for  at  least 
one  day  in  at  least  one  daily  paper  of  said  city.  The  Mayor,  and 
City  Controller  are  hereby  authorized  and  directed  to  execute  the 
proper  obligations  of  the  City  of  Indianapolis  for  the  amount  so 
borrowed  and  to  the  payment  of  such  obligations,  the  faith  of  the 
city  is  hereby  irrevocably  pledged. 

Section  2.  The  Mayor,  City  Controller  and  Corporation  Coun- 
sel, are  hereby  authorized  and  directed  to  publish  notices  of  the 
determination  herein  made  to  issue  the  bonds  or  other  evidence  of 
indebtedness  for  such  temporary  loan  or  loans,  as  required  by  law. 

Section  3.  That  there  be  and  is  hereby  appropriated  out  of  the 
current  revenues  for  the  fiscal  year  1926,  to  the  Department  of  Fi- 
nance, the  sum  of  Seven  Hundred  and  Twelve  Thousand  ($712,000.- 
00)  Dollars  and  the  same,  is  hereby  pledged  for  the  purposes  of  the 
payment  of  said  loan  or  loans  at  such  time  as  the  same  shall  be- 
come due. 

Section  4.  Three  Hundred  and  Fifty  Thousand  ($350,000.00) 
Dollars  of  said  sum  appropriated  shall  be  borrowed  by  said 
City  on  August  15,  1926,  and  shall  run  for  a  period  not  exceeding 
three  months  thereafter;  Two  Hundred  and  Fifty  Thousand  ($250,- 
000.00)  Dollars  of  said  sum  appropriated  shall  be  borrowed  by  said 
city  on  September  15,  1926,  and  shall  run  for  a  period  not  exceeding 
two  months  thereafter;  that  the  sum  of  One  Hundred  Thousand 
($100,000.00)  Dollars  of  said  amount  appropriated  shall  be  borrow- 
ed by  said  city  on  October  15,  1926,  and  the  obligations  thereon 
shall  run  for  a  period  not  exceeding  two  months  thereafter. 
Section  5.  THIS  ORDINANCE  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  a  Special 

Committee  consisting  of  Mr.  Ferguson,  Chairman,  Messrs. 

Negley,  Dorsett,  Bartholomew  and  Todd. 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  55,  1926. 

AN  ORDINANCE,   transferring  the  sum   of  Five   Hundred   Dollars 
($500.00)    from   Account   25,   known    as   the    Board    of   Public 


234  journal  of  common  COUNCIL  [Regular  Meeting- 


Works  Buildings  Account — Repairs,  to   Account   72,  known   as 
the  Board  of  Public  Works  Buildings  Account — Properties. 

Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 
Section  1.  That  the  sum  of  Five  Hundred  Dollars  ($500.00) 
be  and  the  same  is  hereby  now  transferred  and  reappropriated  from 
Account  25,  known  as  the  Board  of  Public  Works  Buildings  Account 
— Repairs,  to  Account  72,  known  as  the  Board  of  Public  Works 
Buildings  Account — Properties,  in  the  Department  of  Public  Works 
of  the  City  of  Indianapolis. 

Section    2.      This    ordinance    shall   be    in   full   force    and    effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  56,  1926. 

AN  ORDINANCE,  authorizing  the  borrowing  of  Eleven  Thousand 
($11,000.00)  Dollars  and  the  sale  of  eleven  (11)  bonds  of  One 
Thousand  ($1000.00)  Dollars  each  of  the  City  of  Indianapolis, 
Indiana,  payable  from  the  General  Revenues  and  Funds  of  said 
City  or  from  the  Sinking  Fund  of  said  City  or  as  may  be  re- 
quired by  law,  for  the  purpose  of  procuring  money  to  be  used 
in  constructing  a  Bridge  No.  814  known  as  the  Bean  Creek 
Bridge  at  Shelby  Street  in  the  City  of  Indianapolis,  Indiana, 
and  providing  for  the  time  and  manner  of  advertising  the  sale 
of  said  bonds  and  the  receipt  of  bids  for  the  same,  together 
with  the  mode  and  terms  of  sale,  and  fixing  a  time  when  this 
ordinance  shall  take  effect. 

WHEREAS,  heretofore  towit,  on  the  30th  day  of  January,  1926, 
the  County  Council  of  Marion  County,  Indiana,  adopted  its 
Resolution  for  the  construction  of  a  Bridge  No.  814,  known  as 
the  Bean  Creek  Bridge  at  Shelby  Street  and  presented  to  the 
Board  of  Public  Works  of  the  City  of  Indianapolis,  Indiana, 
an  estimate  of  the  cost  of  said  Bridge,  amounting  to  Twenty- 
Two    ($22,000.00)   Thousand  Dollars,  and 

WHEREAS  the  Board  of  Public  Works  on  the  9th  day  of  July, 
1926,  passed  a  Resolution  for  the  construction  of  a  new  Bridge 
No.  814,  known  as  Bean  Creek  Bridge  at  Shelby  Street,  which 
Bridge  the  City  Civil  Engineer  of  the  City  of  Indianapolis  esti- 
mated would  cost  the  sum  of  Twenty-Two  Thousand  ($22,000.- 
00)   Dollars,  and 

WHEREAS  the  said  Board  of  Public  Works  passed  a  Resolution  that 
the  new  bridge  at  said  location  was  a  public  necessity  and  a 
public  utility,  and  authorized  and  instructed  the  City  Attorney 
to  prepare  an  issue  of  bonds  in  the  sum  of  Eleven  Thousand 
($11,000.00)  Dollars  to  cover  one-half  of  the  cost  of  the  erec- 
tion of  said  Bridge,  the  other  half  to  be  paid  by  Marion  County, 
and 

WHEREAS  it  is  deemed  necessary  and  proper  for  the  best  interests 


July  19,  1926]  city  of  Indianapolis,  ind.  235 


of  the  City  of  Indianapolis,  Indiana,  and  the  inhabitants  thereof 
to  proceed  with  the  work  provided  for  in  said  Resolution  and 
Ordinance  and 
WHEREAS  there  is  not  now  and  will  not  be  sufficient  funds  in  the 
Treasury  of  the  City  of  Indianapolis,  Indiana,  with  which  to  meet 
the  aforesaid  expenditures  for  said  public  welfare,  and  it  being 
necessary  for  the  said  City  to  borrow  Eleven  Thousand    ($11,- 
000.00)  Dollars  in  order  to  procure  a  fund  to  be  devoted  to  the 
purposes  set  out  in  said  Resolution  and  proposed  Ordinance  and 
to  issue  and  sell  its  bonds  in  said  amount  payable  from  the  Gen- 
eral Revenues  and  Funds  of  said  City  or  from  the  Sinking  Fund 
of  said  City  as  may  be  required  by  law, 
Now  Therefore,  Be  It  Ordained  by  the  Common  Council  of  the  City  of 
Indianapolis]  Indiana: 

Section  1.  That  the  City  Controller  be  and  he  is  hereby  author- 
izend  for  the  purpose  of  procuring  money  to  be  used  for  the  purpose 
of  erecting  said  Bridge  at  Shelby  Street,  as  set  out  in  said  Resolution 
and  Ordinance,,  to  prepare,  issue  and  sell  eleven  (11)  new  bonds  of 
the  City  of  Indianapolis,  Marion  County,  Indiana,  of  One  Thousand 
($1000.00)  Dollars  each,  which  bonds  shall  bear  date  of  September 
1st,  1926,  and  shall  be  numbered  from  one  (1)  to  eleven  (11)  both 
Inclusive,  and  shall  be  designated  'Municipal  Bridge  Bonds  of  1926" 
issue  No.  2  and  shall  bear  interest  at  the  rate  of  four  and  one-half 
(4%%)  per  cent,  per  annum,  payable  semi-annually  on  the  first 
day  of  January  and  the  first  day  of  July  of  each  year  of  the  period 
of  said  bonds.  Two  (2)  of  said  bonds  shall  mature  and  be  payable 
at  the  rate  of  Two  Thousand  ($2000.00)  Dollars  each  year  for  five 
years,  beginning  on  the  1st  day  of  January,  1929,  and  one  (1)  bond 
for  One  Thousand  ($1000.00)  Dollars  for  one  year  beginning  Jan- 
uary 1st,  1934. 

The  first  coupon  attached  to  each  bond  shall  be  for  the  interest 
on  said  bond  from  the  date  of  issue  until  the  1st  day  of  July,  1927. 
Said  bonds  and  interest  coupons  thereunto  attached  shall  be  negoti- 
able and  payable  at  the  City  Treasurer's  Office  of  the  City  of  In- 
dianapolis, Indiana,  at  Indianapolis,  Indiana;  said  bonds  shall  be 
signed  by  the  Mayor  and  the  City  Controller  of  the  City  of  Idianapolis 
and  attested  by  the  City  Clerk,  who  shall  affix  the  seal  of  said  City 
to  each  of  said  bonds;  and  the  interest  coupons  attached  to  said 
bonds  shall  be  authenticated  by  a  biographic  fac-simile  of  the  sig- 
natures of  the  Mayor  and  City  Controller  of  said  City  engraved 
thereon,  which  shall  for  all  purposes  be  taken  and  deemed  to  be 
equivalent  to  a  manual  signing  thereof;  said  bonds  shall  be  prepared 
by  the  City  Controller  in  due  form,  irrevocably  pledging  the  faith 
and  credit  of  the  City  of  Indianapolis,  Indiana,  to  the  payment  of 
the  principal  and  interest  stipulated  therein  respectively.  It  shall 
be  the  duty  of  the  City  Controller  at  the  time  of  the  issue  and  nego- 
tiation of  said  bonds  to  register  in  a  book  kept  for  that  purpose  all 
of  said  bonds  so  issued  and  negotiated  in  serial  number,  beginning 
with  Bond  No.  1,  giving  also  the  date  of  their  issance,  their  amount, 
date  of  maturity,  rate  of  interest,  and  the  time  and  place  where  said 
interest  shall  be  payable.  Said  bonds  shall  be  substantially  in  the 
following  form,  all  blanks  for  numbers  and  dates  to  be  properly  filled 
in  before  the  issuance  thereof: 


236  journal  of  common  council  [Regular  Meeting 

No. $1000.00 

UNITED  STATES  OF  AMERICA 
CITY  OF  INDIANAPOLIS 

Marion.  County  State  of  Indiana 

MUNICIPAL  BRIDGE  BONDS  OF  1926 

Issue  No.  2 

For  value  received  the  City  of  Indianapolis,  Marion  County, 
State  of  Indiana,  hereby  promises  to  pay  to  the  bearer 
without   any   relief   from   valuation   or   appraisement   laws 

on  the day   of ,    19 ,   at  the   City 

Treasurer's  office  of  the  City  of  Indianapolis,  Indiana, 
One  Thousand  ($1000.00)  Dollars  in  lawful  money  of  the 
United  States  of  America,  together  with  interest  thereon, 
at  the  rate  of  four  and  one-half  per  cent.  (4  xk  % )  per 
annum  from  date  until  paid. 

The  first  interest  payable  on  the  first  day  of  July,  1927, 
and  the  interest  thereafter  payable  semi-annually  on  the 
first  day  of  January  and  July,  respectively,  on  the  presenta- 
tion and  surrender  of  the  proper  interest  coupons  hereunto 
attached  and  which  are  made  a  part  of  this  bond. 

This  bond  is  one  of  an  issue  of  Eleven  (11)  bonds 
of  One  Thousand  ($1000.00)  Dollars  each,  numbered  from 
one  (1)  to  eleven  (11),  both  inclusive,  of  the  date  of  the 
1st  day  of  September,  1926.  Said  bonds  mature  in  series 
of  two  (2)  bonds  each  year  for  five  (5)  years,  beginning 
the  1st  day  of  January,  1929,  and  one  bond  on  the  1st  day 
of  January,  1934.  The  first  interest  coupons  payable  on. 
the  1st  day  of  July,  1927.  These  bonds  are  issued  by  said 
City  of  Indianapolis  pursuant  to  an  ordinance  passed  by  the 

Common  Council  at  the  City  of  Indianapolis  on  the 

day  of ,  1926,  and  an  Act  of  the  Gen- 
eral Assembly  of  the  State  of  Indiana  entitled: 

"An  Act  Concerning  Municipal  Corporations," 

approved  March  6,  1905, 

and  all  acts  amendatory  thereof  and  supplemental  thereto. 

It  is  hereby  certified  that  all  conditions,  acts  and  things 
essential  to  the  validity  of  this  bond,  exist,  have  happened 
and  have  been  done  and  that  all  the  requirements  of  the 
law  affecting  the  issuance  thereof  have  been  duly  complied 
with  and  that  this  bond  is  within  every  debt  and  other  limit- 
prescribed  by  the  Constitution  and  Laws  of  the  State  of 
Indiana,  and  that  the  faith  and  credit  of  the  City  of  In- 
dianapolis, Indiana,  are  hereby  irrevocably  pledged  to  the 
punctual  payment  of  this  principal  and  interest  of  this  bond 
according  to  its  term. 

IN  WITNESS  WHEREOF,  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  has  caused  this  bond  to  be 


July  19,  1926]  city  of  Indianapolis,  ind.  237 


signed  by  the  Mayor  and  City  Controller,  and  attested  by 
the  City  Clerk,  and  the  corporate  seal  of  said  city  to  be  af- 
fixed this  as  of  the  1st  day  of  September,  1926. 


Mayor. 
ATTEST: 


City  Clerk. 

City  Controller. 

Section  2.  The  City  Controller  shall  as  soon  as  possible  after 
the  passage  of  this  Ordinance  advertise  for  bids  or  proposals  for 
said  bonds  by  at  least  one  insertion  each  week  for  two  weeks  in  two 
daily  newspapers  of  general  circulation  printed  and  published  in 
the  City  of  Indianapolis  and  may  otherwise  advertise  for  such  bids 
or  proposals  as  he  may  deem  advisable.  Such  advertisement  shall  de- 
scribe said  bond  with  such  minuteness  and  particularity  as  the 
City  Controller  may  see  fit  and  shall  set  forth  the  amount  of  bonds 
to  be  sold  and  the  rate  of  interest  they  may  bear  and  the  bidder  may 
bid  for  all  or  any  part  of  said  bonds,  the  date  of  opening  bids  or 
proposals  thereof,  the  right  of  the  City  Controller  to  reject  any  or 
all  bids,  the  amount  of  deposit  each  bidder  will  be  required  to  make 
and  when  and  where  the  bonds  shall  be  delivered  and  paid  for. 

Section  3.  Each  and  every  bid  and  proposal  shall  be  presented 
to  the  City  Controller  sealed,  and  shall  be  accompanied  by  a  duly 
certified  check  upon  some  responsible  bank  of  the  City  of  Indianapolis, 
Indiana,  payable  to  the  order  of  the  City  Treasurer  for  a  sum  of 
money  which  shall  equal  two  and  one-half  (2Yz%)  per  cent,  of  the 
face  or  par  value  of  the  bonds  bid  for  or  proposed  to  be  purchased. 
The  City  Controller  shall  continue  to  receive  all  bids  or  proposals 
therefor  at  the  office  of  the  City  Controller  until  12  o'clock  noon, 
on  the  day  fixed  by  the  City  Controller  and  designated  in  the  ad- 
vertisement for  receiving  bids  or  proposals,  at  which  time  and  place 
and  between  the  said  hour  and  2  o'clock  p.  m.  of  said  day,  he  shall 
open  said  bids  or  proposals.  The  City  Controller  shall  award  said 
bonds,  or  as  he  shall  see  fit,  a  part  of  any  number  thereof,  to  the 
highest  and  best  bidder  therefor,  but  said  City  Controller  shall  have 
the  right  to  reject  any  and  all  such  bids  or  proposals,  or  any  part 
thereof,  and  shall  have  the  right  to  accept  a  part  of  any  bid  and  to 
award  upon  any  bid  the  whole  or  a  less  number  of  bonds  covered  by 
such  bid,  he  being  the  sole  judge  of  the  sufficiency  or  insufficiency 
of,  any  kind.  He  may  also  in  his  judgement  and  discretion  award  a 
part  of  said  bonds  to  one  bidder  and  a  part  to  another.  These  pro- 
visions shall  apply  to  the  case  of  reoffering  and  readvertising  of 
said  bonds  as  hereinafter  provided. 

Section  4.  In  case  the  City  Controller  shall  reject  all  bids  sub- 
mitted, or  if  he  shall  award  only  a  part  of  said  bids,  he  shall  readver- 
tise  the  bonds  remaining  unsold  in  the  manner  as  herein  prescribed 
for  the  original  advertisement,  but  in  such  readvertisement  he  is 
authorized  and  directed  to  fix  the  date  and  the  time  both  of  receiving 
and  opening  bids  or  proposals,  and  for  purchasers  to  take  up  and 
pay  for  the  bonds  which  may  be  awarded.     And  he  shall  continue 


238  journal  of  common  council  [Regular  Meeting 


from  time  to  time  in  like  manner  to  readvertise  said  bonds  for  sale 
until  said  bonds  are  sold. 

Section  5.  In  case  any  bid  or  proposal  shall  not  be  accepted 
and  there  shall  be  no  award  of  bonds  thereon  by  the  City  Controller 
he  shall  thereupon  return  to  such  unsuccessful  bidder  the  certified 
check  accompanying-  the  same.  If  the  City  Controller  shall  award  the 
whole  or  any  part  of  the  bonds  upon  any  bid  or  proposal,  he  shall 
thereupon  deliver  the  certified  check  accompanying  the  same  to  the 
City  Treasurer,  who  shall  thereupon  present  the  same  for  payment 
and  shall  be  entitled  to  collect  the  same  and  shall  hold  the  proceeds 
collected  thereon  until  the  completion  of  the  purchase  and  the  pay- 
ment for  the  bonds  so  awarded.  If,  for  any  reason,  said  check  shall 
not  be  paid  upon  presentation,  such  non-payment  shall  be  taken  and 
deemed  a  breach  of  contract  for  purchase  of  said  bonds  upon  the 
part  of  the  purchaser,  and  the  city,  in  that  event  shall  have  the 
right  to  readvertise  said  bonds  for  sale  at  once,  and  shall,  in  such 
event,  retain  said  check  and  shall  have  the  right  to  collect  the  same 
for  its  own  use,  and  said  check  and  proceeds  thereof,  when  collected, 
shall  be  taken  and  deemed  as  agreed  and  liquidated  damages  for 
such  breach  of  contract,  and  as  a  payment  thereof  to  the  city.  In 
case  any  successful  bidder  shall  fail  to  complete  the  purchase  price 
of  the  bonds  so  awarded  and  to  pay  for  the  same  within  this  time 
and  manner  herein  required,  or  which  may  be  prescribed  by  the 
City  Controller  as  herein  provided,  the  proceeds  of  such  certified 
check  deposited  by  such  bidder  shall  be  taken,  considered,  and  deem- 
ed as  agreed  and  liquidated  damages  for  the  breach  of  such  bidder's 
contract  of  purchase  and  shall  be  taken  and  deemed  as  a  payment  to 
the  city  for  such  damages,  and  shall  be  retained  and  held  by  said 
city  for  its  use,  but  if  such  successful  bidder  shall  complete  the 
purchase  of  said  bonds  awarded  to  him  pursuant  to  the  provisions 
hereof  and  his  bid  and  award  thereon  said  proceeds  of  said  certified 
check  shall  thereupon  be  returned  to  such  bidder,  or  at  the  option 
of  the  City  Controller  at  the  time  of  the  completion  of  the  sale  and 
payment  for  the  bonds  said  proceeds  of  said  certified  check  may  be 
applied  and  deemed  a  payment  on  account  of  the  purchase  of  said 
bonds. 

Section  6.  Delivery  of  any  bonds  sold  shall  be  made  at  the  of- 
fice of  the  City  Treasurer  of  the  City  of  Indianapolis,  Indiana,  upon 
such  day  or  days  as  may  be  specified  in  the  advertisement  or  readver- 
tisement  for  proposals  or  within  such  time  thereafter  as  may  be  fixed 
by  the  City  Controller,  or  at  such  time  or  times  as  may  be  agreed  up- 
on by  the  City  Controller  and  the  purchaser  or  purchasers  and  the 
City  Controller  may  extend  the  time  for  such  delivery  not  more 
than  ten  (10)  days  after  the  day  or  days  specified  or  agreed  upon 
as  above  provided,  and  the  successful  bidder  or  bidders  shall  take 
the  bonds  awarded  to  him  or  them  and  pay  for  the  same  at  such  place 
and  times  and  his  or  her  refusal,  neglect  or  omission  to  do  so  shall  be 
a  breach  of  the  contract  of  his  bid  or  proposal  on  account  of  which 
damages  shall  be  retained  or  recovered  as  liquidated  as  provided  in 
this  ordinance. 

Section  7.  The  bonds  taken  and  paid  for  to  the  satisfaction  of 
the  City  Controller  shall  be  binding  obligations  upon  the  City  of  In- 
dianapolis, according  to  their  tenor  and  effect,  and  the  proceeds  de- 
rived from  the  sale  or  sales  of  bonds  as  herein  authorized  shall  be 


July  19,  1926]  city  of  Indianapolis,  ind.  239 


and  hereby  are  appropriated  to  the  Department  of  Public  Works  for 
the  construction  of  a  Bridge  No.  814,  known  as  the  Bean  Creek 
Bridge  at  Shelby  Street  in  said  City  and  shall  constitute  and  continue 
appropriations  until  the  completion  of  said  work. 

Section  8.  The  Mayor,  the  City  Controller  and  the  Corporation 
Counsel  are  hereby  authorized  and  directed  to  publish  notices  of  the 
herein  determination  to  issue  bonds  as  required  by  law. 

Section  9.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval  by  the  Mayor. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 

By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  57,  1926. 

AN  ORDINANCE  to  amend  General  Ordinance  No.   114,  1922,  en- 
titled :      "An   ordinance   dividing   the   city   of   Indianapolis   into 
districts  for  the  purpose  of  regulating  and  restricting  the  loca- 
tion of  trades,  callings,  industries,  commercial  enterprises  and 
the  location  of  buildings  designated  for  specified  uses;  of  class- 
ifying, regulating  and  determining  the  area  of  front,  rear  and 
side  yards  and  other  open  spaces  about  buildings;  of  regulating 
and  determining  the  use  and  intensity  of  use  of  land  and  lot 
areas  within  such  city;  creating  a  board  of  zoning  appeals;  de- 
fining certain  terms  used  in  said  ordinance;  providing  a  penalty 
for  its  violation  and  designating  the  time  when  the  same  shall 
take   effect,"   and   fixing   the   time   when   the    same   shall   take 
effect. 
Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 
Section  1.      That  the  U3  or  business  district,  the  HI  or  50-foot 
height  district,  and  the  A3  or  2400  square  foot  area  district  as  es- 
tablished by  General  Ordinance  No.  114,  1922,  be  and  the  same  are 
hereby   amended,   supplemented   and   changed   so   as   to   include   the 
following  territory: 

Beginning  at  a  point  on  the  west  property  line  of 
College  Ave.,  said  point  being  280  ft.  north  of  the  north 
property  line  of  42nd  St.  thence  north  100  ft.;  thence  west 
to  the  east  property  line  of  the  first  alley  west  of  College 
Ave.;  thence  south  with  the  said  alley  a  distance  of  101.94 
ft,;  thence  east  to  the  point  or  place  of  beginning. 
Section  2.  This  ordinance  shall  go  into  immediate  effect  upon 
its  passage  and  publication  according  to  law. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Works. 

By  Mr.  Bartholomew: 

<^&aJ,         GENERAL  ORDINANCE  NO.  58,  1926. 

AN  ORDINANCE  concerning  the  installation,  maintenance  and  oper- 
ation by  the  Indianapolis  Union  Railway  Company,  at  the  inter- 


240  journal  of  common  council  [Regular  Meeting 


section  of  its  railroad  tracks  with  certain  streets  and  avenues 
in  the  City  of  Indianapolis,  of  safety  gates,  signal  bells,  silent 
policemen,  and  flagmen,  repealing  all  ordinances  in  conflict 
therewith  and  declaring  a  time  when  this  ordiance  shall  take 
effect. 

Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 

Section  1.  The  Indianapolis  Union  Railway  Company  shall  in- 
stall, maintain  and  operate  safety  gates  at  the  intersection  of  the 
railroad  tracks  owned  or  operated  by  said  company  with  each  of  the 
following  streets  or  avenues,  viz:  Meridian  Street,  Shelby  Street, 
Morris  Street,  Bluff  Avenue,  East  Street,  Dearborn  Street  and  Mart- 
indale  Avenue,  which  gates  shall  be  operated  twenty-four  hours  per 
day  every  day  in  the  year. 

Section  2.  Said  Company  shall  maintain  a  flagman  at  the  inter- 
section of  its  said  tracks  with  each  of  the  following  streets  or  aven- 
ues, viz:  West  Eighteenth  Street,  West  Washington  Street,  Harding 
Street,  Kentucky  Avenue,  Roosevelt  Avenue,  I  Bethel  Avenue,  West 
Michigan  Street,  Oliver  Avenue,  Madison  Avenue,  State  Street  and 
Churchman  Avenue,  which  flagman  shall  be  on  duty  twenty-four 
hours  per  day,  each  day  in  the  year. 

Section  3.  Said  Company  shall  maintain  a  flagman  at  the  inter- 
section of  its  said  tracks  with  each  of  the  following  streets  or  aven- 
ues, viz :  Market  Street,  Ray  Street,  Singleton  Street  and  Barth  Aven- 
ue, which  flagmen  shall  be  on  duty  from  6:00  o'clock  a.  m.  until  9:00 
o'clock  p.  m.  every  day  in  the  year. 

Section  4.  Said  Company  shall  maintain  a  flagman  at  the  inter- 
section of  its  said  tracks  with  each  of  the  following  streets  or  aven- 
ues, viz:  Draper  Street,  Keystone  Avenue,  Columbia  Avenue  and 
Yandes  Street,  which  flagmen  shall  be  on  duty  from  6:00  o'clock  a. 
m.  until  7:00  o'clock  p.  m.  each  day  in  the  year. 

Section  5.  Said  Company  shall  install,  maintain  and  operate 
signal  bells  at  the  intersection  of  its  railroad  tracks  with  each  of  the 
following  streets  or  avenues,  viz:  West  Twenty-third  Street,  Burdsal 
Parkway  (East  Drive),  West  Twenty-second  Street,  West  Twenty- 
fist  Street,  Indiana  Avenue,  Speedway  Avenue,  White  River  Park- 
way (West  Drive),  West  Tenth  Street,  West  St.  Clair  Street,  West 
Vermont  Street,  West  New  York  Street,  Aster  Street,  Minnesota 
Street,  East  Sixteenth  Street,  East  Twenty-first  Street,  Avondale 
Place,  Gale  Street,  Olney  Street,  Adams  Street,  Rural  Street,  East- 
ern Avenue,  Temple  Avenue,  Fountain  Street,  Winter  Avenue,  Jef- 
ferson Street,  Greenbriar  Lane  and  Sheldon  Street,  which  bells  shall 
be  operated  twenty-four  hours  per  day  each  day  in  the  year. 

Section  6.  With  the  approval  of  the  Board  of  Public  Safety  of 
the  City  of  Indianapolis,  said  Indianapolis  Union  Railway  Company 
may  install,  maintain  and  operate,  at  the  intersection  of  its  said 
railroad  tracks  with  any  of  the  streets  or  avenues  above  named,  light 
signals,  commonly  known  as  "silent  policemen,"  operated  manually 
or  automatically  as  said  Board  of  Public  Safety  shall  require,  in  lieu 
of  and  as  a  substitute  for  the  safety  gates,  flagmen  or  signal  bells, 
as  the  case  may  be,  required  by  the  foregoing  sections  of  this  ordi- 
nance; and  whenever  said  Company  shall,  with  such  approval  of  the 
Board  of  Public  Safety,  install,  maintain  and  operate  siuch  light 
signals  at  any  of  the  intersections  of  its  said  tracks  with  any  of  the 


July  19,  1926]  city  of  Indianapolis,  ind.  241 


streets  or  avenues  above  described,  such  light  signals  shall  be  in  all 
respects  a  compliance  with  the  provisions  of  this  Ordinance.  In  every 
case  when  such  approval  is  given  by  the  Board  of  Public  Safety,  it 
shall  be  upon  the  condition  that  such  light  signals  shall  be  maintained 
and  operated  during  the  same  hours  of  the  day,  each  day  of  the  year, 
as  the  said  safety  gates,  flagmen  or  signal  bells,  as  the  case  may  be, 
in  lieu  of  which  said  light  signals  are  installed,  maintained  and  oper- 
ated, are  required  by  the  foregoing  Sections  of  this  ordinance  to  be 
installed,  maintained  and  operated. 

Section  7.  All  ordinances  and  parts  of  ordinances  in  conflict 
with  the  provisions  of  this  Ordinance  are  hereby  repealed. 

Sestion  8.  This  Ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  publication  as  required  by  law. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Public  Safety. 


CALL  FOR  ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
49,  1926  for  second  reading.     It  was  read  a  second  time. 

On  motion  of  Mr.  Raub,  seconded  by  Mr.  Negley,  Sec- 
tion 6  of  General  Ordinance  No.  49,  1926  was  stricken 
from  the  Ordinance. 

Mr.  Raub  presented  the  following  written  motion  to 
amend  General  Ordinance  No.  49,  1926: 

Indianapolis,  Ind. 
Mr.  President: 

I  move  that  General  Ordinance  No.  49,  1926,  be  amended  as 
follows:  by  inserting  the  words  "or  deposit"  after  the  word  dump  in 
line  2  section  one  of  said  ordinance  and  the  words  "or  deposited"  be 
inserted  after  the  word  "dumped"  in  line  2  of  said  section  one. 

EDWARD  B.  RAUB. 

The  above  motion  was  seconded  by  Mr.  Bartholomew 
and  passed  unanimously  by  the  Council. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr.  Dor- 
sett,  General  Ordinance  No.  49,  as  amended,  was  ordered 
engrossed,  read  a  third  time  and  placed  on  its  passage. 

General  Ordinance  No.  49  was  read  a  third  time  and 
passed  by  the  following  vote: 

Ayes,  7,  viz.:  Messrs.  Springsteen,  Raub,  Negley, 
Dorsett,  Ferguson,  Bartholomew  and  President  Moore. 


242  journal  of  common  council  [Regular  Meeting 

Noes,  1,  viz..    Mr.  Albertson. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
44  for  second  reading.     It  was  read  a  second  time. 

On  motion  of  Mr.  Raub,  seconded  by  Mr.  Bartholo- 
mew, General  Ordinance  No.  44  was  ordered  stricken 
from  the  files. 

Mr.  Raub  asked  for  further  time  on  General  Ordi- 
nance No.  48.     Which  was  granted. 

On  motion  of  Mr.  Negley,  seconded  by  Mr.  Raub, 
Resolution  No.  9,  was  ordered  engrossed,  read  a  third 
time  and  placed  upon  its  passage. 

Resolution  No.  9  was  read  a  third  time  and  passed  by 
the  following  vote : 

Ayes,  7,  viz. :  Messrs.  Springsteen,  Raub,  Negley, 
Dorsett,  Ferguson,  Bartholomew  and  President  Moore. 

Noes,  1,  viz. :     Mr.  Albertson. 

Before  the  result  of  the  vote  was  announced  by  the 
Clerk,  Mr.  Albertson  changed  his  vote  from  no  to  aye. 

A  general  discussion  was  had  at  this  time  in  regard  to 
the  disposal  of  the  Gasoline  Tax  fund. 

On  motion  of  Mr.  Dorsett,  seconded  by  Mr.  Albertson, 
the  Common  Council  of  the  City  of  Indianapolis,  Indiana, 
adjourned  at  8:45  o'clock  p.  m. 

^  U  President. 

Attest : 

City  Clerk. 


August  2,  1926]  city  of  Indianapolis,  ind.  245 

REGULAR  MEETING 

Monday,  August  2,  1926,  7:30  p.  m. 
The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Monday,  August  2,  1926,  at  7:30 
p.  m.,  in  regular  session,  President  Boynton  J.  Moore  in 
the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore  and  seven  members, 
viz. :  Walter  R.  Dorsett,  Otis  E.  Bartholomew,  Claude  E. 
Negley,  Robert  E.  Springsteen,  O.  Ray  Albertson,  Austin 
H.  Todd  and  Millard  W.  Ferguson. 

Absent:  Edward  B.  Raub. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Bartholomew,  seconded  by  Dr.  Todd, 

COMMUNICATIONS  FROM   THE   MAYOR 

July  24,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
Ciiy  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  Resolution  No.  9,  1926. 
WHEREAS,  the  established  and  customary  means  of  transporta- 
tion by  City  Street  Car  Service  within  our  City  Limits  has  been  dis- 
arranged, impaired  and  curtailed  by  reason  of  the  failure  of  the 
management  of  the  Indianapolis  Street  Railway  and  its  employees 
to  reach  an  amicable  and  mutually  satisfactory  settlement  of  the  dif- 
ference that  have  arisen  between  them. 

Respectfully  yours, 

JOHN  L.  DUVALL, 

Mayor. 

July  24,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livery to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No.  49, 
1926. 

An  Ordinance,  to  prohibit  the  use  of  any  property  within  the 
corporate  limits  of  the  City  of  Indianapolis  as  a  public  or  private 
dumps,  for  inflammable  materials,  declaring  the  same  a  fire  hazzard, 


246  journal  of  common  council  [ Regular  Meeting: 


fixing  a  penalty  for  the  violation  of  the  same,  defining  inflammable 
material,  declaring  an  emergency  and  fixing  a  time  when,  the  same 
shall  take  effect. 

Respectfully  yours, 

JOHN  L.  DUVALL, 

Mayor. 

COMMUNICATIONS  FROM  CITY  OFFICERS 

August  2,  1926, 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith  a  general  ordnance 
transferring  the  sum  of  Fifty  (50.00)  Dollars  from  Fund  No.  61, 
known  as  Interest  on  Bonded  Debt,  in  the  Controllers  Office  to  Fund 
No.  25,  Repair  to  Equipment  in  the  Controller's  Office. 

I  respectfully  recommed  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

August  2,  1926. 
To  the  H onorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requested  by  the  Clerk  of  the  Board 
of  Public  Works  to  hand  you  a  general  ordinance  transferring  the 
sum  of  Ten  Thousand  ($10,000.00)  Dollars  to  the  Srteet  Cleaning 
Fund  No.  127,  Panners  Broomers.  and  Laborers  Division  from  var- 
ious funds  in  the  Board  of  Public  Works  as  listed  in  the  ordinance. 
I  respectfully  recommed  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

July  31,   1926. 

To  Mr.  William  A.  Boyce,  Jr.,    Clerk    of   the    Common    Council,    City  of 

Indianapolis. 

Dear  Sir — Pursuant  to  the  request  of  the  Welfare  Committee 
of  the  Indianapolis  City  Council,  the  Health  Department  herewith 
submits  the  tabulated  results  of  its  annual  servey  and  liming  cam- 
paign of  Pleasant  Run. 

It  is  a  difficult  matter  to  ascertain  the  manufacturers  and  cor- 
porations, together  with  septic  tanks  and  owners  of  household  drains 
that  empty  into  Pleasant  Run.  Probably  one  of  the  greatest  offend- 
ers in  bringing  about  the  pollution  of  this  stream  is  the  city  itself  in 
permitting  sewage  and  overflows  to  empty  into  this  stream. 

In  my  opinion  this  condition  of  pollution  in  Pleasant  Run  will 
never  be  remedied  until  an  interceptor  is  constructed  along  the  banks 
of  this  stream  to  take  care  of  the  sewage  of  the  Irvington  district 
and  other  properties  adjacent  to  Pleasant  Run. 

It  is  my  understanding  that  the  Park  Board  and  the  Board  of 
Works  are  now  making  plans  to  construct  this  much  needed  inter- 
ceptor.    I  do  not  feel  that  we  can  stop  up  the  drains  and  sewers  that 


August  2,  1926]  city  of  Indianapolis,  ind,  247 


are  emptying  into  Pleasant  Bun  at  the  present  time  for  if  we  do  this 
it  would  mean  that  the  sewage  would  back  up  into  basements  and 
into  the  homes  of  people  along  the  stream.  This  would  be  far  more 
detrimental  than  to  permit  the  sewage  to  get  out  into  Pleasant  Run. 

The  Health  Department,  as  has  been  the  practice  in  the  past, 
is  prepared  to  line  the  cess  pools  now  in  existance.  This  is  merely 
•a  temporary  measure  and  will  help  keep  down  the  bad  oder  from 
the  sewage  and  pollution  to  some  extent. 

Attached  hereto  is  a  list  of  the  household  drains  and  septic  tanks 
which   empty  into  this  sewer. 

Respectfully  submitted, 

H.  B.  MORGAN, 

PLEASANT  RUN  INSPECTIONS— PRIVATE  AND 
PUBLIC  SEWERS 

East  Michigan  and  Pleasant  Run  Blvd. — west  side  of  creekwash 
water — (could  not  find  owner), 

5221  Pleasant  Run  Blvd. — open  sewer — Schroder — Pathe  News. 

5300  Pleasant  Run  Blvd. — open  sewer — could  not  find  owner. 

Pleasant  Run  and  Bolton  Avenue — open  sewer — under  bridge — 
private — very  bad, 

Kenmore  Road  and  Pleasant  Run — street  sewer  emptying  into 
creek — bad. 

South  Sherman  Drive  and  Pleasant  Run — sewer  emptying  into 
creek — colored  water. 

South  Colorado  and  Pleasant  Run — sewer  emptying  into  creek 
about  5  gallons  water  per  minute. 

South  Euclid  and  Pleasant  Run — manholes — water  runs  west 
to  above  sewer  opening. 

Pleasant  Run  and  Pleasant  Run  septic  tank — very  bad. 

1426   Marlowe — ordered   cellar  cleaned — Nell   Stiles. 

Comfort  station — complaint  about  water  not  verified. 

Pleasant  Run  and  LaGrande — city  sewer  emptying  into  creek — 
very  bad. 

Pleasant  Run  and  Raymond — city  sewer  emptying  into  creek — 
very  bad. 

REPORTS   FROM    STANDING    COMMITTEES 

Indianapolis,  Ind.,  August  2,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was  re- 
ferred General  Ordinance  No.  55,  1926,  Board  of  Works  Transfers 
$500.00,  beg  leave  to  report  that  we  have  had  said  ordinance  under 
consideration,  and  recommend  that  the  same  be  passed. 

O.  RAY  ALBERTSON 
OTIS  E.  BARTHOLOMEW 
AUSTIN  H.  TODD 
WALTER  R.  DORSETT 
CLAUDE  E,  NEGLEY 


248  journal  of  common  council  [Resrular  Meeting 


Indianapolis,  Ind.,  August  2,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance,  to  whom  was  re- 
ferred General  Ordinance  No.  52,  1926,  Transfer  $2500.00  in  Police 
Department,  beg  leave  to  report  that  we  have  had  said  ordinance 
under  consideration,  and  recommend  that  the  same  be  passed. 

O.  RAY  ALBERTSON 
AUSTIN  H.  TODD 
WALTER  R.  DORSETT 
\  OTIS  E.  BARTHOLOMEW 
CLAUDE  E.  NEGLEY 

Indianapolis,  Ind.,  August  2,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was  re- 
ferred General  Ordinance  No.  56,  1926, $11,000.00  Bond  Issue  for 
Bean  Creek  Bridge,  beg  leave  to  report  that  we  have  had  said  ordi- 
nance under  consideration,  and  recommend  that  more  time  be  grant- 
ed to  Committee. 

O.  RAY  ALBERTSON 
WALTER  R.  DORSETT 
OTIS  E.  BARTHOLOMEW 
AUSTIN  H.  TODD 
CLAUDE  E.  NEGLEY 

Indianapolis,  Ind.,  August  2,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Special  Committee  to  whom  was  referred 
General  Ordinance  No.  51,  1926,  Board  of  Health  $125,000  Loan, 
beg  leave  to  report  that  we  have  had  said  ordinance  under  consider- 
ation, and  recommend  that  the  same  be  passed. 

M.  W.  FERGUSON 
WALTER  R.  DORSETT 
AUSTIN  H.  TODD 
CLAUDE  E.  NEGLEY 
OTIS  E.  BARTHOLOMEW 

Indianapolis,  Ind.,  August  2,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Board  of  Works,  to  whom 
was  referred  General  Ordinance  No.  57,  1926,  Extending  Business 
District  North  on  College  Avenue,  beg  leave  to  report  that  we  have 
had  said  ordinance  under  consideration,  and  recommend  that  the 
same  be  passed. 

WALTER  R.  DORSETT 
OTIS  E.   BARTHOLOMEW 
AUSTIN  H.  TODD 
CLAUDE  E.  NEGLEY 
O.  RAY  ALBERTSON 


.August  2,  1926]  city  of  tndianakjlis,  end.  249 

INTRODUCTION  OF  GENERAL  ORDINANCES 
By  the  City  Controllers 

GENERAL  ORDINANCE  NO.  59,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  Fifty  ($50.00)  Dollars 
from  Fund  No.  61,  known  as  Interest  on  Bonded  Debt,  in  the 
Controller's  Office  to  Fund  No.  25,  Repair  to  Equipment  in  the 
Controller's  Office. 

Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind..: 
Section  1.     That  the  sum  of  Fifty  ($50.00)  Dollars  he  and  the 

same  is  hereby  now  transferred  and  reappropriated  from  Fund  No, 

61,  Interest  on  Bonded  Debt,  in  the  Controller's  Office  to  Fund  No. 

:25,  Repair  to  Equipment  in  the  Controller's  Office, 

Section  2.      This  ordinance  shall  be  in  fuD  force  and  effect  from 

and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  60,  192& 

AN  ARD1NANCE,  transferring  the  sum  of  Ten  Thousand  Dollars 
($10,000.00)  to  the  Street  Cleaning  Fund  No.  127,  Panners 
Broomers,  and  Laborers  Division  from  the  Funds  as  follows : — 
The  sum  of  Four  Thousand  Dollers  ($4,000.00)  thereof  from 
Fund  No.  127,  Street  Cleaning  Department,  Teamsters;  the  sum 
ofl  One  Thousand  ($1,000.00)  Dollars  from  Fund  No.  127 
Street  Cleaning  Department,  Helpers;  the  sum  of  Five  Hun- 
dred Dollars  ($500.00)  thereof  from  Fund  No.  127,  Street 
Cleaning,  Light  Trucks;  the  sum  of  Five  Hundred  Dollars 
($500.00)  thereof  from  Fund  No.  127,  Street  Cleaning  Depart- 
ment, Stablemen;  the  sum  of  Four  Thousand  Dollars  ($4,000.00) 
thereof  from  Fund  No.  71,  Properties  Department;  all  in  the 
Street  Commissioners  Department  of  the  Board  of  Public  Works. 

Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 

Section  1.  That  the  sum  of  Ten  Thousand  Dollars  ($10,000.00) 
be  and  the  same  is  hereby  now  transferred  and  reappropriated  to 
the  Street  Cleaning  Fund  No.  127,  Panners,  Broomers  and  Laborers 
Division  from  the  Funds  as  follows :  The  sum  of  Four  Thousand  Dol- 
lars ($4,000.00)  thereof  from  Fund  No.  127,  Street  Cleaning  De- 
partment, Teamsters;  the  sum  of  One  Thousand  Dollars  ($1,000.00) 
thereof  from  Fund  No.  127,  Street  Cleaning  Department,  Helpers; 
the  sum  of  Five  Hundred  Dollars  ($500.00)  thereof  from  Funxl  No. 
127,  Street  Cleaning  Department,  Light  Trucks;  the  sum  of  Five 
Hundred  Dollars  ($500.00)  thereof  from  Fund  127,  Street  Cleaning, 
Stablemen;  the  sum  of  Four  Thousand  Dollars   ($4,000.00)    thereof 


_;.>:  journal  of  common  council  rKcerular  Meeting. 


from  Fund  No.   71,  Properties  Department;  all  in  the  Street  Com- 
missioners Department  of  the  Board  of  Public  Works. 

Section  2.  This  ordinance  shall  he  in  full  force  and  effect  from 
and  after  its  passage- 

Which  was  read  a  first  time  and  referred  to  a  Special 
Committee  consisting  of  Mr.  Ferguson,  Chairman;; 
Messrs.  Negley,  Dorsett,  Bartholomew  and  Todd. 

INTRODUCTION  OF  MISCELLANEOUS,  BUSINESS 

Mr.  Bartholomew  presented  the  following  written 
motion  which  was  seconded  by  Mr.  Dorsett: 

Indianapolis,  Ind.,  August  2,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 

City  of  Indianapolis,  Indiana: 
Mr.  President: 

I  make  a  motion  that  the  following  paragraph  in  the  rules  and 
regulations  governing  the  Common  Council,  be  annulled. 

Page  16,  "Committees." 

"All  appropriation  ordinances  and  ordinances  for  the  purpose 
of  raising  revenues  shall  be  referred  to  said  Committee  on  Finance/" 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Toddr  the  Common  Council  at  8:15  o'clock  recessed  for 
ten  minutes  to  consider  above  motion. 

At  8:22  o'clock  the  President  called  the  Council  to 
order.   The  same  members  were  present  as  before. 

The  Committee  on  Law  and  Judiciary  presented  the 
following  report: 

Indianapolis,  Ind.,  August  2,  1926. 
To  the  Honorable  President  avid  Members  of  the  Common  Coimcil  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Law  and  Judiciary,  to 
whom  was  referred  Motion  to  annull  Paragraph  in  Rules  and  Regu- 
lations as  follows:  "All  appropriation  ordinances  and  ordinances 
for  the  purpose  of  raising  revenues  shall  be  referred  to  said  Com- 
mittee on  Finance,"  beg  leave  to  report  that  we  have  had  said  motion 
under  consideration,  and  recommend  that  the  same  be  passed. 

AUSTIN    H.    TODD 
OTIS  E.  BARTHOLOMEW 
CLAUDE   E.   NEGLEY. 


August  2,  1926]  city  of  Indianapolis,  ind.  251 

The  above  motion  was  passed  by  the  following  vote : 

Ayes,  6,  viz. :  Messrs.  Bartholomew,  Dorsett,  Fergu- 
son, Negley,  Todd  and  President  Moore. 

Noes,  2,  viz.:    Messrs.  Albertson  and  Springsteen. 

ORDINANCES  ON  SECOND  READING 

Mr.  Dorsett  called  for  General  Ordinance  No.  57  for 
second  reading.    It  was  read  a  second  time. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Dorsett,  Gen- 
eral Ordinance  No.  57  was  ordered  engrossed,  read  a 
third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  57  was  read  a  third  time  and 
passed  by  unanimous  vote. 

Mr.  Bartholomew  called  for  General  ordinance  No. 
52  for  second  reading.  It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  52  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  52  was  read  a  third  time  and 
passed  by  unanimous  vote. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
51  for  second  reading.   It  was  read  a  second  time. 

Mr.  Dorsett  presented  the  following  written  motion 
to  amend  General  Ordinance  No.  51  which  was  passed  by 
unanimous  vote : 

Indianapolis,  Ind.,  August  2,  1926. 

Mr.  President: 

I  move  that  General  Ordinance  No.  51,  1926,  be  amended,  to  read 
as  follows: 

Section  One — Line  19 — afterward  "to-wit" — August  Tenth,  in- 
stead of  August  First. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  51,  as  amended,  was 
ordered  engrossed,read  a  third  time  and  placed  upon  its 
passage. 


251  JOURNAL  of  common  council  [Regular  Meeting' 

General  Ordinance  No.  51  was  read  a  third  time  and 
passed  by  unanimuos  vote. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
55  for  second  reading.   It  was  read  a  second  time. 

On  motion  oiDr.  Todd,  seconded  by  Mr  Bartholomew, 
General  Ordinance  No.  55  was  ordered  engrossed,  read  a 
third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  55  was  read  a  third  time  and 
passed  by  unanimous  vote. 

President  Moore  announced  that  there  would  be  a 
special  meeting  of  the  Council  Wednesday,  August  4, 
1926,  at  2 :00  o'clock  in  the  Council  Chamber  to  consider 
General  Ordinances  Nos.  59  and  60. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana,  adjourned  at  8:40  o'clock  p.  m. 


Attest  r 


President.. 


^X^C^O^l  (J ,  40<^^<^d^, 


City  Clerk.   , 


AugL13t    4,     192C]  C!TV    OF    INDIANAPOLIS,    IND.  253 

SPECIAL  MEETING 

Wednesday,  August  4,  1926,  2:00  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  August  4,  1926,  at  2:00  p.  m., 
in  special  session,  President  Boynton  J.  Moore  in  the 
chair,  pursuant  to  the  following  call: 

August  3,  1926. 
To  the  Members  of  the  Common  Council,  Indianapolis,  Indiana: 

Gentlemen — You  are  hereby  notified  that  there  will  be  a  special 
meeting  of  the  .Common  Council  held  in  the  Council  Chamber  on 
Wednesday,  August  4,  1926  at  2:00  o'clock  p.  m.,  the  purpose  of 
such  meeting  being  to  consider  General  Ordinances  Nos.  59  and  60. 

Respectfully, 

BOYNTON  J.  MOORE. 

I,  Wm.  A.  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the  City 
of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served  the 
above  and  foregoing  notice  to  each  and  every  member  of  the  Com- 
mon Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WM.  A.  BOYCE,  Jr., 

City  Clerk. 
Which  was  read. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President  and  four 
members,  viz.:  O.  Ray  Albertson,  Robert  E.  Springsteen, 
Austin  H.  Todd  and  Otis  E.  Bartholomew. 

Absent:  Edward  B.  Raub,  Millard  W.  Ferguson, 
Walter  R.  Dorsett  and  Claude  E.  Negley. 

REPORTS  FROM  COMMITTEES 

August  4,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was  re- 
ferred General  Ordinance  No.  59,  1926,  beg  leave  to  report  that  we 
have  had  said  ordinance  under  consideration,  and  recommend  that 
the  same  be  passed. 

O.   RAY  ALBERTSON 
OTIS  E.  BARTHOLOMEW 
AUSTIN  H.  TODD. 

August  4,  1926. 


254 


JOURNAL  OF  COMMON  COUNCfL 


[Special    Meeting; 


To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Special  Committee  to  whom  was  referr- 
ed General  Ordinance  No.  60,  1926,  entitled,  Transferring'  the  sum 
of  $10,000.00  to  the  Street  Cleaning  Fund  No.  127,  beg  leave  to 
report  that  we  have  had  said  ordinance  under  consideration,  and 
recommend  that  the  same  be  passed. 

M.  W.  FERGUSON.  Chairman. 
OTIS  E.   BARTHOLOMEW 
AUSTIN  H.TODD. 

ORDINANCES  ON  SECOND  READING 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
59  for  second  reading.     It  was  read  a  second  time. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Bartholo- 
mew, General  Ordinance  No.  59  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  59  was  read  a  third  time  and 
passed  by  unanimous  vote. 

Dr.  Todd  called  for  General  Ordinance  No.  60  for 
second  reading.     It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  General  Ordinance  No.  60  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  60  was  read  a  third  time  and 
passed  by  unanimous  vote. 

The  Common  Council  of  the  City  of  Indianapolis,  In- 
diana adjourned  at  2:50  o'clock  p.  m. 


President. 


Attest 


City  Clerk.   c 


August  7,  1926]  city  of  Indianapolis,  ind.  253 

SPECIAL  MEETING 

Saturday,  August  7,  1926,  2:30  P.  M. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Saturday,  August  7,  1926,  at 
2:30  p,  m.,  in  Special  Session,  President  Boynton  J. 
Moore  in  the  Chair,  pursuant  to  the  following  call: 

To  the  Members  of  the  Common  Council,  Indianapolis,  Indiana: 

Gentlemen — You  are  hereby  notified  that  there  will  be  a  special 
meeting  cf  the  Common  Council  held  in  th  Council  Chamber  on 
Saturday,  August  7,  1926,  at  1:30  p.  m.,  the  purpose  of  such  meet- 
ing being  to  receive  communications  from  the  Mayor  or  City  Con- 
t roller  of  said  City  and  for  the  consideration  of  General  Ordinance 
No.  54,  $700,000  Loan  and  Resolutions  affecting  the  Gas  Tax  Fund. 

Respectfully, 

BOYNTON  J.  MOORE, 

I,  William  A.  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served 
the  above  and  foregoing  notice  to  each  and  every  member  of  the 
Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WM.   A.   BOYCE,    Jr. 

City  Clerk 

Which  was  read. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and  six 
members,  viz.:  O.  Ray  Albertson,  Otis  E,  Bartholomew, 
Millard  W.  Ferguson,  Claude  E.  Ne^ley,  Robert  E. 
Springsteen,  Austin  H.  Todd. 

Absent:   Walter  R.  Dorsett,  Edw.  B,  Raub. 

REPORTS  FROM  COMMITTEES 

To  Hon.  Boynton  J.  Moore,  President  of  the  Common  Council  of  the  City 
Indianapolis, 

Gentlemen — We,  your  Special  Committee  to  whom  was  referred 
General  Ordinance  No.  54,  1926  beg  leave  to  report  that  we  have 
had  said  ordinance  under  consideration,  and  recommend  that  the 
same  be  passed  when  amended  to  read  $350,000. 

M.    W.    FERGUSON 
AUSTIN  H.  TODD 
OTIS  E.  BARTHOLOMEW 
,  C.  E.  NEGLEY 


256  journal  of  common  council  [Special   Meeting 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
54  for  second  reading.  It  was  read  a  second  time.  Mr. 
Bartholomew  presented  the  following  written  motion  to 
amend  General  Ordinance  No.  54: 

Mr.  President: 

I  move  that  General  Ordinancce  No.  54,  1926,  be  amended 
by  striking  out  Section  four  in  its  entirety  and  the  words  and  fig- 
ures "Seven  Hundred  Thousand"  and  "Seven  Hundred  Twelve  Thou- 
sand" wherever  they  appear  in  said  ordinance  and  inserting  in  lieu 
thereof  the  following:  "Three  Hundred  Fifty  Thousand"  and 
"Three  Hundred  Fifty-six  Thousand"  respectively. 

OTIS  E.  BARTHOLOMEW. 

Councilman. 

Motion  seconded  by  Dr.  Todd,  which,  when  put  to  a 
vote  by  President  Moore,  was  unanimously  adopted. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Ferguson, 
General  Ordinance  No.  54,  as  amended,  was  ordered  en- 
grossed, read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  54,  as  amended,  was  read  a 
third  time  and  passed  by  unanimous  vote  of  the  members 
present. 

Mr.  Bartholomew  called  for  Resolution  No.  7  for 
second  reading.  It  was  read  a  second  time.  On  motion  of 
Mr.  Bartholomew,  seconded  by  Mr.  Negley,  Resolution 
No.  7  was  ordered  stricken  from  the  files.  President 
Moore  appointed  a  Special  Committee  to  consider  the 
Gasoline  Tax  Fund  situation,  consisting  of  Mr.  Bartholo- 
mew, Chairman,  and  Messrs.  Ferguson,  Albertson, 
Springsteen  and  Dr.  Todd. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr. 
Ferguson,  the  Common  Council  recessed  for  ten  minutes 
to  consider  the  Gasoline  Tax  Fund. 

The  Common  Council  reconvened  at  3:10  p.  m.  with 
the  same  members  present  as  before. 

Mr.  Bartholomew,  as  Chairman  of  the  Special  Com- 
mittee appointed  to  consider  the  matter,  presented  the 
following  Resolution: 


August  7,  1926]  city  of  Indianapolis,  ind.  257 


RESOLUTION  NO.   11,   1926. 

WHEREAS,  the  General  Assembly  of  the  State  of  Indiana,  Acts 
of  1925,  page  367,  enacted  a  general  law,  amending  Sections  1  and 
6  of  the  Act  of  1923,  providing  a  tax  on  gasoline;  and 

WHERAS,  Section  2  of  said  amendment  allots  a  certain  por- 
tion of  said  funds  to  cities  and  towns,  to  be  used  to  maintain  and 
repair  streets  or  bridges ;  and 

WHEREAS,  it  is  the  opinion  of  the  Common  Council  of  the 
City  of  Indianapolis,  that  a  large  number  of  trie  streets  and  avenues 
of  the  City  of  Indianapolis  are  in  urgent  need  of  repairs  and  main- 
tenance, NOW  THEREFORE, 

Be  It  Resolved  By  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana : 

Section  1.  That  the  sum  of  Eighty  Thousand  Five-Hundred 
and  Twenty-five  ($80,525.00)  Dollars  now  in  the  City  Treasury  as  a 
portion  of  the  Gasoline  Tax  Fund  allotted  to  the  City  of  Indianapolis 
by  the  State  of  Indiana,  be  and  the  same  is  hereby  turned  over  to 
the  Department  of  the  City  Civil  Engineer  to  be  used  by  said  De- 
partment in  repairing  the  streets  and  avenues  as  set  forth  in  this 
Resolution. 

Section  2.  That  the  City  Comptroller  be  and  he  is  hereby 
directed  to  turn  over  to  the  Department  of  the  City  Civil  Engineer 
the  sum  of  Eighty  Thousand  Five  Hundred  and  Twenty-five 
($Q0,525.00)  Dollars  out  of  the  Gasoline  Tax  Fund  allotted  to  the 
City  of  Indianapolis  by  the  State  of  Indiana  and  now  in  the  City 
Treasury  for  the  purposes  set  out  in  this  Resolution. 

Section  3.  That  the  Department  of  the  City  Civil  Engineer 
immediately  upon  the  talcing  effect  of  this  Resolution  shall  proceed 
forthwith  to  make  needed  repairs  to  the  following  named  Streets 
and  Avenues  in  the  City  of  Indianapolis  in  accordance  with  the  esti- 
mate set  opposite  each  street  name  as  supplied  to  the  Common 
Council  by  the  City  Civil  Engineer,  to-wit: 

Estimated 

Name  of  Street  Labor  Material 

South  Meridian  Street $  900.00  $   3,000.00 

Maryland  Street 150.00  350.00 

Georgia  Street 100.00  350.00 

Louisiana    Street    50.00  150.00 

McCrea   Street 50.00  150.00 

South    Street   125.00  375.00 

Merrill  Street 150.00  450.00 

Rursell    Avenue    __^ 50.00  150.00 

McCarty    Street    200.00  500.00 

Ray   Street   50.00  150.00 

Morris  Street 600.00  1,800.00 

Bluff  Avenue   30.00  50.00 

Raymond    Street    150.00  250.00 

Harding  Street 200.00  300.00 

Kentucky   Avenue    600.00  1,500.00 

Belmont  Avenue 200.00  300.00 


258  journal  of  common  council         [Regular  Meeting 


East  Washington  Street 

Oliver  Avenue 

Division    Street    

West   Street 

Senate    Avenue    

North  Illinois  Street 

North  Pennsylvania  Street 

Delaware  Street 

Madison   Avenue 

Union    Street    

Minnesota    Street    

South  East  Street _. 

Prospect   Street 

Buchanan    Street    

Noble    Street . 

Shelby    Street .. 

Churchman  Avenue 

Fletcher  Avenue 

English  Avenue ._ 

Southeastern  Avenue 

Rural    Street    __ 

Sherman  Drive 

Emerson  Avenue 

Audubon    Road    

Arlington    Avenue H 

East  Michigan  Street 

New  York  Street 

East  Tenth  Street 

Olney    Street    

Tuxedo    Street . 

LaSalle   Street 

Eastern    Avenue 

Keystone    Avenue ! 

Cornell   Avenue   

Bellefontaine    Street    

Ashland  Avenue 

College  Avenue 

Park   Avenue 

Broadway    

Ruckle    Street    

Central  Avenue 

New  Jersey  Street 

Alabama    Street 

Talbott  Avenue 

Market    Street 

Ohio    Street 

Vermont  Street . ._ 

North    Street    

Walnut   Street   

St.   Clair  Street 

Pratt    Street    

St.  Jospeh  Street 

Eleventh   Street 

Twelfth    Street    

Thirteenth  Street 


350.00 

1,950.00 

95.00 

350.00 

40.00 

150.00 

750.00 

4,000.00 

325.00 

950.00 

575.00 

2,150.00 

375.00 

1,125.00 

450.00 

1,275.00 

200.00 

575.00 

90.00 

260.00 

75.00 

125.00 

650.00 

1,950.00 

60.00 

150.00 

75.00 

225.00 

100.00 

175.00 

30.00 

125.00 

40.00 

125.00 

50.00 

75.00 

50.00 

50.00 

200.00 

750.00 

325.00 

940.00 

350.00 

525.00 

150.00 

325.00 

75.00 

200.00 

30.00 

75.00 

750.00 

2,000.00 

500.00 

1,900.00 

450.00 

1,050.00 

25.00 

150.00 

25.00 

150.00 

125.00 

375.00 

50.00 

175.00 

225.00 

700.00 

75.00 

150.00 

250.00 

675.00 

225.00 

725.00 

250.00 

750.00 

150.00 

475.00 

200.00 

675.00 

150.00 

425.00 

350.00 

1,000.00 

300.00 

975.00 

125.00 

450.00 

150.00 

525.00 

175.00 

600.00 

150.00 

450.00 

75.00 

200.00 

150.00 

425.00 

75.00 

200.00 

75.00 

200.00 

150.00 

475.00 

100.00 

225.00 

200.00 

400.00 

75.00 

200.00 

75.00 

200,00 

August  7,  1926]  city  of  Indianapolis,  ind.  259 


Sixteenth    Street    

Massachusetts    Avenue 

Koosevelt   Avenue 

25th    Street    

22nd  Street *. 

23rd    Street    

West    30th    Street 

Gale    Street    

Hillside  Avenue   '.. 

Martindale   Avenue    __ 

Columbia    Avenue    

Washington    Blvd.    

32nd    Street    

34th    Street    

36th    Street    

40th    Street    

42nd    Street    

63rd    Street ___. 

Ft.  Wayne  Avenue 

Pine    Street    

Highland    Avenue    

State   Street   

Kenwood  Avenue ,_. 

Boulevard    Place    

Northwestern  Avenue   _ 

Clifton    Street    

Congress    Avenue    

28th    Street    

26th    Street    

Highland    Place    

Indiana  Avenue 

Blake    Street    

King  Avenue 

Washington    Avenue 

21st  Street 


325.00 
575.00 

1,150.00 
1,625.00 

350.00 

725.00 

200.00 

700.00 

100.00 

325.00 

75.00 
500.00 

200.00 
1,150.00 

75.00 

235.00 

150.00 

425.00 

100.00 

125.00 

150.00 

475.00 

175.00 

450.00 

125.00 

350.00 

75.00 

200.00 

75.00 

200.00 

75.00 

200.00 

75.00 

200.00 

115.00 

345.00 

50.00 

150.00 

90.00 
75.00 

195.00 
215.00 

75.00 

210.00 

250.00 

750.00 

165.00 

480.00 

250.00 

800.00 

50.00 

150.00 

75.00 

215.00 

50.00 

155.00 

65.00 

195.00 

125.00 

415.00 

225.00 

650.00 

125.00 

375.00 

75.00 
50.00 

200.00 
75.00 

275.00 

715.00 

$20,175.00      $60,350.00 


Section  4.  This  Eesolution  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  signing  by  the  Mayor. 

OTIS  E.  BARTHOLOMEW. 

Which  was  read. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  Resolution  No.  11,  1926,  was  adopted  by  the  fol- 
lowing roll  call  vote: 

Ayes,  6,  viz. :  Albertson,  Bartholomew,  Negley, 
Springsteen,  Todd  and  President  Moore. 

Noes,  1,  viz.:    Ferguson. 


260  journal  of  common  council  [Special  Meeting: 

At  3:20  p.  m.,  Saturday,  August  7,  1926,  the  Common 
Council  of  the  City  of  Indianapolis,  Indiana,  adjourned. 


President. 


Attest 


>T^^^    (A .    /CU^C5^( 


City  Clerk.  e 


AUgUSt    16,    1926]  CITY    OF    INDIANAPOLIS,    1ND.  261 

REGULAR  MEETING 

Monday,  August  16,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Monday,  August  16,  1926,  at 
7:30  p.  m.,  in  regular  session,  President  Boynton  J. 
Moore  in  the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon-  Boynton  J.  Moore  and  eight  members, 
viz. :  Walter  R.  Dorsett,  Otis  E.  Bartholomew,  Claude  E. 
Negley,  Robert  E.  Springsteen,  O.  Ray  Albertson,  Mil- 
lard W.  Ferguson,  Edward  B.  Raub  and  Austin  H.  Todd. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Bartholomew,  seconded  by  Dr.  Todd. 

COMMUNICATIONS  FROM  THE  MAYOR 

August  3,  1926 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinances  Nos. 
51,  52,  55,  and  57. 

Yours  very  truly, 

JOHN  L.  DUVALL, 

Mayor. 

August  5,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinances  Nos. 
59  and  60. 

Yours  very  truly, 

JOHN  L.  DUVALL, 

Mayor. 

August  9,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  William  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No. 
54,  as  amended,  and  Resolution  No.  11,  1926. 

Yours  very  truly, 

JOHN  L.  DUVALL, 

Mayor. 


262  journal  of  common  council  r  Regular  Meeting 


REPORTS  FROM  CITY  OFFICERS 

August  16,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  am  handing  you  herewith  a  General  Ordinance 
authorizing  the  City  Controller  of  the  City  of  Indianapolis  to  make 
a  temporary  loan  or  loans  of  Three  Hundred  and  Fifty  Thousand 
($350,000.00)  Dollars,  in  anticipation  of  current  revenues  of  such 
city  actually  levied  and  in  course  of  collection  for  the  fiscal  year 
in  which  such  loan  or  loans  are  made,  and  payable  out  of  the  current 
revenues  of  said  City  for  the  year  1926. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

August  16,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — Attached  hereto  are  13  copies  of  an  Ordinance  to 
amend  General  Ordinance  No.  114,  1922,  better  known  as  the  "Zon- 
ing Ordinance/'  by  changing  the  south  east  and  north  east  corners  of 
46th  St.  and  College  Ave.,  form  a  residential  district  to  a  business 
district. 

The  City  Plan  Commission  respectfully  recommends  that  your 
Honorable  Body  take  favorable  action  on  this  ordinance. 
Very  truly  yours, 

CITY  PLAN  COMMISSION, 

MACKLIN  MACK, 

Engineer. 

INTRODUCTION  OF  APPROPRIATION  ORDINANCES 

By  Mr.  Bartholomew: 

APPROPRIATION  ORDINANCE  NO.  1,  1926 

AN  ORDINANCE,  appropriating  the  sum  of  Twenty-Six  Thousand 
and   Eighty-Seven   Dollars  and   Sixteen   Cents    ($26,087.16)    to 
the  Department  of  Public   Works  of  the   City  of  Indianapolis, 
out  of  the  gasoline  tax  fund  for  the  purposes  of  repairing  cer- 
tain bridges  hereinafter  specified  and  fixing  a  time  when  the 
same  shall  take  effect. 
Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 
Section  1.      That  the  sum  of  Twenty-Six  Thousand  and  Eighty- 
Seven  Dollars  and  Sixteen  Cents   ($26,087.16)  is  hereby  appropriat- 
ed to  the  Department  of  the  Street  Commissioner  in  the  Department 
of  Public  Works  of  the  City  of  Indianapolis  to  be  used  by  said  De- 
partment in  repairing  the  bridges  as  set  forth  in  this  ordinance,  and 
for  the  respective  amounts  set  opposite  the  several  items. 

Section   2.      That  the   Department  of  the   Street  Commissioner 


August  16,  1926]  city  of  Indianapolis,  ind.  263 


immediately  upon  taking  effect  of  this  ordinance  shall  proceed  to 
make  needed  repairs  on  the  following  named  bridges  in  the  City  of 
Indianapolis: 

West  10th  St.  River  Bridge $7,299.16 

Harding  St.  River  Bridge   8,055.00 

Raymond  St.  River  Bridge 1,500.00 

Fail  Creek  and  21st  St.  Bridge 583.00 

Canal  and  25th  St.  Bridge 1,500.00 

Cottage  Ave.  and  Pleasant  Run  Bridge 500.00 

S.  Meridian  St.  and  Pleasant  Run  Bridge 800.00 

W.  Michigan  St.  Eagle  Creek  Bridge 250.00 

Pleasant  Run  and  Beecher  St.  Bridge  _,_       300.00 

Pleasant  Run  and  Barth  Avenue  Bridge 200.00 

Pleasant  Run  and   Shelby  St.    Bridge   400.00 

Pleasant  Run  and  Minnesota  St.  Bridge 200.00 

Pleasant  Run  and  Spruce  Bridge 300.00 

Pleasant  Run  and  Prospect  St.  Bridge 300.00 

Pleasant  Run  and  Bolton  Bridge 200.00 

Plaesant  Run  and  Ritter  Ave.  Bridge 200.00 

New  York  St.  River  Bridge 2,000.00 

Kentucky  Avenue  and  Missouri  St.  Bridge 1,500.00 

Section  3.  Any  enactment,  ordinance  or  resolution  contrary  to 
the  provisions  of  this  ordinance  is  hereby  repealed. 

Section  4.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 

By  Mr.  Bartholomew- 

APPROPRIATION  ORDINANCE  NO.  2,  1926 

AN  ORDINANCE,  appropriating  the  sum  of  Eighty  Thousand  Five 
Hundred  and  Twenty-Five   ($80,525.00)   Dollars  to  the  Depart- 
ment of  the  City  Civil  Engineer  in  the  Department  of  Public 
Works  of  the  City  of  Indianapolis,  out  of  the  gasoline  tax  fund 
for  the  purposes  of  repairing  certain  streets  hereinafter  speci- 
fied and  fixing  a  time  when  the  same  shall  take  effect. 
Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 
Section   1.      That  the   sum   of   Eighty   Thousand  Five   Hundred 
and  Twenty-Five  ($80,525.00)   Dollars  is  hereby  appropriated  to  the 
Department  of  Public  Works  of  the  City  of  Indianapolis  to  be  used 
by  said  Department  in  repairing  the  streets  and  avenues  as  set  forth 
in  this  ordinance  and  for  the  amounts  as  set  opposite  the  respective 
items. 

That  the  Department  of  the  City  Civil  Engineer  immediately 
upon  taking  effect  of  this  ordinance  shall  proceed  to  make  needed 
repairs  on  the  following  named  streets  and  avenues  in  the  City  of 
Indianapolis: 

Name  of  Street  Estimated 

Labor  Material 

South  Meridian   St.   $900.00  $3,000.00 

Maryland    St.    150.00  350.00 


264  JOURNAL  of  common  council         [Regular  Meeting 


Georgia    St.    100.00  350.00 

Louisiana   St.   50.00  150.00 

McCrea    St.    50.00  150.00 

South    St.    125.00  375.00 

Merrill    St. 150.00  450.00 

Russell    Avenue    50.00  150.00 

McCarty  St.  200.00  500.00 

Ray    St.    50.00  250.00 

Morris    St.    600.00  1,800.00 

Bluff  Avenue 30.00  50.00 

Raymond    St.    150.00  250.00 

Harding  St. 200.00  300.00 

Kentucky  Avenue 600.00  1,500.00 

Belmont  Avenue    200.00  300.00 

Sixteenth  St. 325.00  1,150.00 

Massachusetts  Avenue 575.00  1,625.00 

Roosevelt   Avenue   350.00  725.00 

25th  Street 200.00  700.00 

22nd    Street    100.00  325.00 

23rd    Street    75.00  200.00 

West  30th  Street 500.00  1,150.00 

Gale  Street 75.00  235.00 

Hillside  Avenue 150.00  425.00 

Martindale   Avenue   100.00  125.00 

Columbia  Avenue 150.00  475.00 

Washington  Blvd. 175.00  450.00 

32nd    Street 125.00  350.00 

34th  Street 75.00  200.00 

36th  Street 75.00  200.00 

40th  Street l_      75.00  200.00 

42nd  Street 75.00  200.00 

63rd  Street 115.00  345.00 

Ft.  Wayne  Avenue 50.00  150.00 

Pine  Street 90.00  195.00 

Highland  Avenue 75.00  215.00 

State   Street 75.00  210.00 

Kenwood  Avenue 250.00  750.00 

Boulevard    Place    165.00  480.00 

Northwestern  Avenue 250.00  800.00 

Clifton    Street    50.00  150.00 

Congress    Avenue 75.00  215.00 

28th  Street 50.00  155.00 

26th    Street 65.00  195.00 

Highland  Place 125.00  415.00 

Indiana  Avenue 225.00  650.00 

Blake  Street 125.00  375.00 

King  Avenue    75.00  200.00 

Washington    Avenue    50.00  75.00 

21st    Street    275.00  715.00 

E.  Washington  Street 350.00  1,950.00 

Oliver  Avenue 95.00  350.00 

Division    Street    40.00  150.00 

West   Street   750.00  4,000.00 

Senate  Avenue 325.00  950.00 

N.  Illinois  Street 575.00  2,150.00 


August  16,  1926]  city  or  Indianapolis,  ind.  265 


N.  Pennsylvania  Street 375.00  1,125.00 

Delaware    Street    450.00  1,275.00 

Madison  Avenue 200.00  575.00 

Union    Street    90.00  260.00 

Minnesota  Street 75.00  125.00 

S.  East  Street 650.00  1,950.00 

Prospect    Street    60.00  150.00 

Buchanan  Street 75.00  225.00 

Noble  Street 100.00  175.00 

Shelby    Street    1_  30.00  125.00 

Churchman  Avenue 40.00  125.00 

Fletcher  Avenue 50.00  75.00 

English  Avenue   50.00  50.00 

Southeastern    Avenue    200.00  750.00 

Rural  Street 325.00  940.00 

Sherman  Drive 350.00  525.00 

Emerson  Avenue 150.00  325.00 

Audubon    Road    75.00  200.00 

Arlington  Avenue 30.00  75.00 

E.   Michigan   Street 750.00  2,000.00 

New  York  Street 500.00  1,900.00 

East  Tenth  Street 450.00  1,050.00 

Olney    Street    25.00  150.00 

Tuxedo  Street 25.00  150.00 

LaSalle  Street 125.00  375.00 

Eastern  Avenue 50.00  175.00 

Keystone  Avenue 225.00  700.00 

Cornell   Avenue   75.00  150.00 

Bellefontaine    Street    250.00  675.00 

Ashland    Avenue    , 225.00  725.00 

College   Avenue   250.00  750.00 

Park   Avenue    150.00  475.00 

Broadway    200.00  675.00 

Ruckle  Street 150.00  425.00 

Central  Avenue 350.00  1,000.00 

New  Jersey  Street 300.00  975.00 

Alabama  Street , 125.00  450.00 

Talbott  Avenue   150.00  525.00 

Market  Street 175.00  600.00 

Ohio    Street    150.00  450.00 

Vermont    Street    75.00  200.00 

North  Street 150.00  425.00 

Walnut  Street 75.00  200.00 

St.   Clair   Street 75.00  200.00 

Pratt  Street 150.00  475.00 

St.    Joseph    Street    100.00  225.00 

Eleventh   Street 200.00  400.00 

Twelfth  Street  75.00  200.00 

Thirteenth    Street    : 75.00  200.00 


$20,175.00        $60,350.00 

Section  3.  Any  enactment,  ordinance  or  resolution  contrary 
to  the  provisions  of  this  ordinance  is  hereby  repealed. 

Section  4.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 


266  city  of  Indianapolis,  iND.  [Regular  Meeting 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 

INTRODUCTION  OF  GENERAL  AND  SPECIAL  ORDINANCES 
By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  61,  1926 

AN  ORDINANCE,  authorizing-  the  City  Controller  of  the  City  of 
Indianapolis  to.  make  a  temporary  loan  or  loans  of  Three  Hund- 
red and  Fifty  Thousand  ($350,000.00)  Dollars  in  anticipation 
of  current  revenues  of  such  city  actually  levied  and  in  course  of 
collection  for  the  fiscal  year  in  which  such  loan  or  loans  are 
made,  and  payable  out  of  the  current  revenues  of  said  city  for 
the  year  1926.  Authorizing  the  rate  of  interest  to  be  charged 
therefore,  providing  for  legal  notice,  appropriating  the  sum  of 
Three  Hundred  and  Fifty-Six  Thousand  ($356,000.00)  Dollars 
for  the  payment  of  the  same,  and  fixing  a  time  when  the  same 
shall  take  effect. 

WHERAS  the  said  city  will  be  and  continue  to  be  until  the 
15th  day  of  October,  1926,  without  sufficient  funds  to  pay  the  sal- 
ary payroll  and  other  current  expenses  for  municipal  purposes,  and 
the  said  current  expenses  and  said  payroll  for  said  period  amount 
to  at  least  Three  Hundred  and  Fifty  Thousand  ($350,000.00)  Dol- 
lars, and 

WHEREAS,  the  second  semi-annual  installment  of  taxes  levied 
by  the  City  of  Indianapolis  for  its  purposes  for  the  year  1926,  and 
collectible  on  or  before  the  1st  day  of  November,  1926,  will  amount 
to  more  than  Three  Hundred  and  Fifty-Six  Thousand  ($356,000.00) 
Dollars. 

Now  Therefore,  Be  It  Ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,   Indiana: 

Section  1.  That  the  City  Controller  be  and  is  hereby  authoriz- 
ed and  empowered  to  negotiate  a  temporary  loan  or  loans  in  antici- 
pation of  the  current  revenues  of  said  city  actually  levied  and  in 
course  of  collection  for  the  fiscal  year  1926,  not  exceeding  the  total 
sum  of  Three  Hundred  and  Fifty  Thousand  ($350,000.00)  Dollars 
for  a  period  not  exceeding  the  periods  set  out  in  this  ordinance,  at  a 
rate  of  interest  not  exceeding  six  per  cent.  (6%)  per  annum.  The 
City  Controller  is  further  authorized  and  empowered  to  negotiate 
such  loan  or  loans  in  such  amounts  and  at  such  times  as  the  City 
Controller  may  deem  necessary,  subject  to  the  other  provisions  of 
this  ordinance.  After  the  publication  of  the  notice  of  the  determina- 
tion herein  made  to  issue  bonds,  warrants,  or  other  evidence  of  in- 
debtedness for  such  temporary  loan  or  loans,  and  as  provided  in  the 
ordinance,  said  loan  or  loans  shall  be  let  to  the  lowest  bidder,  at  com- 
petitive bidding  on  the  annual  rate  of  interest  under  conditions  pre- 
scribed in  notice  of  the  same,  which  shall  be  published  for  at  least 
one  day  in  at  least  one  daily  paper  of  said  city.  The  Mayor,  and 
City  Controller  are  hereby  authorized  and  directed  to  execute  the 
proper  obligations  of  the  City  of  Indianapolis  for  the  amount  so 
borrowed  and  to  the  payment  of  such  obligations,  the  faith  of  the 
city  is  hereby  irrevocably  pledged. 


August  16,  1926|  city  dp  Indianapolis,  ind.  267 


Section  2,  The  Mayor,  City  Controller  and  Corporation  Coun- 
sel, are  hereby  authorized  and  directed  to  publish  notice  of  the  de- 
termination herein  made  to  issue  the  bonds  or  other  evidence  of  in- 
debtedness for  such  temporary  Joan  or  loans,  as  required  by  law. 

Section  3.  That  there  be  and  is  hereby  appropriated  out  of  the 
current  revenues  for  the  fiscal  year  1926,  to  the  Department  of  Fi- 
nance, the  sum  of  Three  Hundred  and  Fifty-Six  Thousand  ($356,- 
000.00)  Dollars  and  the  same,  is  hereby  pledged  for  the  purposes  of 
the  payment  of  said  loan  or  loans  at  such  time  as  the  same  shall  be- 
come due. 

Section  4.  Two  Hundred  and  Fifty  Thousand  ($250,000.00) 
Dollars  of  said  sum  appropriated  shall  be  borrowed  by  said  city  on 
September  15,  1926,  and  shall  run  for  a  period  not  exceeding  three 
months  thereafter;  One  Hundred  Thousand  ($100,000.00)  Dollars 
of  said  sum  appropriated  shall  be  borrowed  by  said  city  on  October 
15,  1926,  and  shall  run  for  a  period  not  exceeding  two  months  there- 
after. 

Section  5.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  a  Special 
Committee  consisting  of  Mr-  Ferguson,  Chairman;  Messrs. 
Dorsett,  Negley,  Bartholomew  and  Todd. 

By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  62,  1926 

AN  ORDINANCE  to  amend  General  Ordinance  No.  114,  1922,  en- 
titled: "An  ordinance  dividing  the  city  of  Indianapolis  into 
districts  for  the  purpose  of  regulating  and  restricting  the  loca- 
tion of  trades,  callings,  industries,  commercial  enterprises  and 
the  location  of  buildings  designed  for  specified  uses;  of  classi- 
fying, regulating  and  determining  the  area  of  front,  rear  and 
side  yards  and  other  open  spaces  about  buildings;  or  regulating 
and  determining  the  use  and  intensity  of  use  of  land  and  lot 
areas  within  such  city;  creating  a  board  of  zoning  appeals;  de- 
fining certain  terms  used  in  said  ordinance ;  providing  a  penalty 
for  its  violation  and  designating  the  time  when  the  same  shall 
take  effect,"  and  fixing  the  time  when  the  same  shall  take 
effect. 
Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 
Indiana: 

Section  1.  That  the  U3  or  business  district,  the  A3  or  2400 
square  foot  area  district  and  the  HI  or  50-foot  height  district,  as  es- 
tablished by  General  Ordinance  No.  114,  1922,  be  and  the  same  are 
hereby  amended,  supplemented  and  changed  so  as  to  include  the  fol- 
lowing described  territory: 

A.  Beginning  on  the  south  property  line  of  E.  46th  St.,  at  its 
intersection  with  the  east  property  line  of  College  Ave. ;  thence  south 
along  the  east  property  line  of  College  Ave.,  a  distance  of  99.75  ft.; 
thence  east  and  parallel  to  the  south  property  line  of  46th  St.,  to 
the  west  property  line  of  the  first  alley  east  of  College  Ave. ;  thence 


2(^  journal  of  common"  COUNCIL  [Regular  Meeting: 


north  with,  the  west  property  line  of  said  alley  to  the  south  property 
line  of  46th  St.,  to  the  point  or  place  of  beginning. 

B.  Beginning  on  the  north  property  line  of  E.  46th  St.,  at  its, 
intersection  with  the  east  property  line  of  College  Ave.;  thence  east 
with  the  north  property  line  of  46th  St.,  to  the  west  property  line 
of  the  first  alley  east  of  College  Ave.;  thence  north  and  along  the 
west  property  line  of  said  alley  a  distance  of  60  ft. ;  thence  west  and 
parallel  to  the  north  property  line  of  46th  St.,  to  the  east  property 
line  of  College  Ave. ;  thence  south  along  the  east  property  line  of 
College  Ave.,  to  the  point  or  place  of  beginning. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect  upon 
its  passage  and  publication  according  to  law. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  City  Welfare. 

By  Mr.  Dorsett: 

GENERAL  ORDINANCE  NO.  63,   1926 

AN  ORDINANCE  amending  General  Ordinance  No.  114,  1922,  en- 
titled:     "An  ordinance   dividing  the   City   of   Indianapolis  into* 
districts  for  the  purpose  of  regulating  and  restricting  the  loca- 
tion of  trades,  callings,  industries,  commercial  enterprises  and 
the  location  of  buildings  designed  for  specified  uses;  of  classify- 
ing, regulating  and  determining  the  area  of  front,  rear  and  side 
yards  and  other  open  spaces  about  buildings;  of  regulating  and 
determining  the  use  and  intensity  of  use  of  land  and  lot  areas 
within  such  city;  creating  a  board  of  zoning  appeals;  denning 
certain  terms  used  in  said  ordinance;  providing  a  penalty  for 
its  violation  and  designating  the  time  when  the  same  shall  take 
effcet,"  and  fixing  the  time  when  the  same  shall  take  effect. 
Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 
Section  1.      That  the  U3   or  business  district,  the  A4  or   1200 
square  foot  area  district,  and  the  HI  or  50-foot  height  district,  as  es- 
tablished by  General  Ordinance  No.  114,  1922,  be  and  the  same  are 
hereby  emended,  supplemented  and  changed  so  as  to  include  the  fol- 
lowing described  territory: 

A.  Beginning  at  a  point  on  the  east  property  line  of  Delaware 
St.;  said  point  being  690  ft.  north  of  the  north  property  line  of  25th 
St.;  thence  east  and  parallel  to  the  north  property  line  of  25th  St. 
to  the  west  property  line  of  the  first  alley  east  of  Delaware  St. ; 
thence  north  along  the  west  property  line  of  said  alley  to  the  south 
property  line  of  Fall  Creek  Parkway,  South  Drive;  thence  south- 
westerly along  said  Parkway,  South  Drive,  to  the  east  property  line 
of  Delaware  St.;  thence  south  along  the  east  property  line  of  Dela- 
ware St.    to  the  point  or  place  of  beginning. 

B.  Beginning  at  a  point  on  the  west  property  line  of  Delaware 
St.,  said  point  being  550  ft.  north  of  the  north  property  line  of  25th 
St.;  thence  west  and  parallel  to  the  north  property  line  of  25th  St. 
a  distance  of  72  ft.;  thence  north  and  parallel  to  the  west  property 
line  of  Delaware  St.  to  the  south  property  line  of  Fall  Creek  Park- 
way, South  Drive;  thence  northeasterly  along  the  south  property 
line  of  said  Parkway,  South  Drive,  to  the  west  property  line  of  Dela- 


August  16,  1926]  city  of  indtanapolis,  into.  269 

ware  St.;  thence  south  along  the  west  property  line  of  Delaware  St. 
to  the  point  or  place  of  beginning. 

Section  2.  This  Ordinance  shall  be  in  full  force  -and  effect  up- 
on its  passage  and  publication  according  to  law. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  City  Welfare. 
By  Mr.  Bartholomew : 

SPECIAL  ORDINANCE  NO.  3,  1926 
AN  ORDINANCE  annexing  certain  territory  to  the  City  of  Indianap- 
olis, Indiana,  defining;  a  part  of  the  boundary  line  of  said  City, 
and  fixing  the  time  when  the  same  shall  take  effect. 
Be  It  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis,  Ind.: 
Section   1.      That  the  City  of  Indianapolis  be  and  the  same  is 
hereby  extended  so  as  to  include  the  following  described  continuous 
territory,  all  of  which  is  hereby  annexed  to  and  made  a  part  of  the 
territory  constituting  and  forming  the  City  of  Indianapolis,  in  Mar- 
ion County,  Indiana. 

Beginning  at  a  point  on  the  present  Corporation  Line, 
said  point  being  the  center  line  of  Olin  Ave.,  at  its  inter- 
section with  the  center  line  of  W.  10th  St.;  thence  north 
with  the  present  corporation  line  to  its  intersection  with  the 
center  line  of  W.  16th  St.;  thence  continuing  north  to  the 
east  and  west  center  line  of  Section  29,  Township  16,  North, 
Range  3  East;  thence  west  along  said  center  line  of  Sec- 
tion 29,  Township  16,  North  Range  3  East  and  continuing 
west  along  the  center  line  of  Section  30,  Township  16,  North 
Range  3  East  to  the  west  line  of  Section  30,  Township  16, 
North  Range  3  East;  thence  south  along  the  west  line  of 
Section  30,  Township  16,  North  Range  3  East  and  continu- 
ing south  along  the  west  line  of  Section  31,  Township  16, 
North  Range  3  East  to  the  center  line  of  W.  10th  St 
(designating  the  Osterman  Harding  Free  Gravel  Road)  ; 
thence  east  along  the  center  line  of  W.  10th  St.,  to  the 
center  line  of  Olin  Ave.  to  the  point  or  place  of  beginning. 
Section  2.  This  Ordinance  shall  be  in  full  foce  and  effect 
upon  its  passage  and  publication  according  to  law. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Law  and  Judiciary. 

INTRODUCTION    OF    MISCELLANEOUS    BUSINESS 

On  motion  of  Mr.  Albertson,  seconded  by  Mr.  Bar- 
tholomew, the  Common  Council  at  8:20  o'clock  recessed 
for  ten  minutes  in  order  that  the  Finance  Committee 
might  consider  Appropriation  Ordinances  Nos.  1  and  2. 

At  8:30  o'clock  the  Council  was  called  to  order  and 
on  roll  call  vote  the  same  members  were  present  as 
before. 


— 


270  JOURNAL  of  COMMON  council         [Regular  Meeting; 

REPORTS  OF  COMMITTEES 

Indianapolis,  Ind.,  August  16,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was  re- 
ferred Appropriation  Ordinance  No.  1,  1926,  entitled,  To  the  De- 
partment of  Street  Commissionary,  $26,087.16,  beg  leave  to  report 
that  we  have  had  said  ordinance  under  consideration,  and  recom- 
mend that  the  same  be  passed. 

.      AUSTIN  H.   TODD 
CLAUDE  E.  NEGLEY 
WALTER  R.  DORSETT 
OTIS   E.   BARTHOLOMEW 
O.  RAY  ALBERTSON. 

Indianapolis,  Ind.,  August  16,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was  re- 
ferred Appropriation  Ordinance  No.  2,  1926,  entitled,  The  Depart- 
of  Public  Works,  $80,525.00,  beg  leave  to  report  that  we  have  had 
said  ordinance  under  consideration,  and  recommend  that  the  same  be 
passed. 

WALTER  R.  DORSETT 
CLAUDE  E.  NEGLEY 
AUSTIN  H.   TODD 
OTIS   E.   BARTHOLOMEW    ' 
O.  RAY  ALBERTSON. 

Mr.  Dorsett  called  for  General  Ordinance  No.  53  for 
second  reading.    It  was  read  a  second  time. 

On  motion  of  Mr.  Dorsett,  seconded  by  Dr.  Todd,  Gen- 
eral Ordinance  No.  53  was  stricken  from  the  files. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr.. 
Todd,  the  Council  voted  unanimously  to  suspend  the  rules 
to  consider  the  passage  of  Appropriation  Ordinance  No. 
L 

Mr.  Bartholomew  called  for  Appropriation  Ordinance 
No.  1  for  second  reading.    It  was  read  a  second  time. 

On  motion  of  Mr.  Raub,  seconded  by  Mr.  Bartholo- 
mew, Appropriation  Ordinance  No.  1  was  ordered  en- 
grossed, read  a  third  time  and  placed  upon  its  passage. 

Appropriation  Ordinance  No.  1  was  read  a  third  time 
and  passed  unanimously  by  the  Council 


August  16,  1926]  city    of   Indianapolis,   ind.  271 

On  motion  of  Mr.  Bartholomew,  seconded  by  Mr. 
Dorsett,  the  Council  voted  unanimously  to  suspend  the 
rules  to  consider  the  passage  of  Appropriation  Ordinance 
No.  2. 

Mr.  Bartholomew  called  for  Appropriation  Ordinance 
No.  2  for  second  reading.   It  was  read  a  second  time. 

On  motion  of  Mr.  Raub,  seconded  by  Mr.  Dorsett, 
Appropriation  Ordinance  No.  2  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

Appropriation  Ordinance  No.  2  was  read  a  third  time 
and  passed  unanimously  by  the  Council. 

On  motion  of  Mr.  Dorsett,  seconded  by  Dr.  Todd,  the 
Common  Council  of  the  City  of  Indianapolis  adjourned  at 
8:40  o'clock  p.  m. 


President. 
Attest: 


City  Clerk. 


\iu-ust    18,    1926]  CUT     OF    INDIANAPOLIS; 

SPECIAL  MEETING 

Wednesday,  August  18,  1926. 
The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Wednesday,  August  18,  1926,  at 
7:30  p.  m.,  in  special  session,  President  Boynton  J.  Moore 
in  the  chair,  pursuant  to  the  following  call : 

To  the  Members  of  the  Common  Council,  Indianapolis,  Indiana: 

Gentlemen — You  are  hereby  notified  that  there  will  be  a  special 
meeting  of  the  Common  Council  held  in  the  Council  Chamber  on 
Wednesday,  August  18,  1926,  at  7:30  P.  M.,  the  purpose  of  such 
meeting  being  to  receive  communications  form  the  Mayor  or  City 
Controller  of  said  City  and  for  consideration  of  General  Ordinances 
No.  27  and  62, 

Respectfully, 

BOYNTON  J.  MOORE. 

William  A.  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served 
the  above  and  foregoing  notice  to  each  and  every  member  of  the 
Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WILLIAM  A.  BOYCE,  JR., 

City  Clerk. 
Which  was  read. 

The  Clerk  called  the  roll. 

Present:  Hor*  Boynton  J.  Moore  and  eight  members, 
viz.:  Otis  E.  Bartholomew,  Walter  R.  Dorsett,  Claude  E. 
Negley,  Austin  H.  Todd,  Robert  E.  Springsteen,  Millard 
W.  Ferguson,  Edward  B.  Raub  and  0.  Ray  Albertson. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Dorsett,  seconded  by  Dr.  Todd. 

COMMUNICATIONS  FROM  THE  MAYOR 

August  18,  1926. 
Gentlemen — I  would  recommend  for  your  approval  General 
Ordinance  No.  64,  an  ordinance  fixing  and  establishing  the  annual 
rate  of  taxation  and  tax  levy  for  the  year  1926  for  the  City  of  In- 
dianapolis, Indiana  and  for  such  fund  for  which  a  separate  tax  levy 
is  authorized  by  law  to  be  collected  and  expended  in  1927,  and  fix- 
ing a  time  when  same  shall  take  effect. 

This  above  mentioned  tax  levy  is  attached  for  your  inspection. 
Yours  respectfully, 

JOHN  L.  DUVALL, 

Mayor* 

Statement  of  Tax  Levy  for  1926  payable  in  1927. 

General  City  Fund $  .5675 

City   Sinking  Fund . .05 

Police  Pension  Fund .01 

Firemen  Pension  Fund . „ ,01 


278  JOURNAL  OF  common  council  [Special   Meeting; 

School    Health    .015 

Park    General    .06 

Park   District   Bonds   .055 

Recreation   Fund    .0125 

Track    Elevation    .02 

Tuberculosis  Fund .005 

Sanitary  Bond  Fund .035 

Sanitary  Maintenance .065 

Board   of   Health .09 

Flood    Prevention    .015 

Street  Resurfacing .02 

Thoroughfare  Fund .005 

Total $1,035 

August  18,  1926. 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  hereby  send  to  you  Appropriation  Ordinance  No. 
3,  covering  the  appropriations  asked  for  in  the  Budget  for  the  year 
1927,  which  have  all  been  finally  approved  by  me. 

I  have  requested  the  Boards  and  the  Heads  of  the  Departments 
in  making  their  estimates  to  keep  them  just  as  low  as  possible.  There 
has  been  several  changes  made  in  this  Budget  by  the  City  Controller 
and  myself  which  have  all  been  done  with  the  one  thought  in  mind, 
of  public  economy  and  to  still  maintain  efficiency  in  the  proper 
management  of  our  City  affairs. 

A  copy  of  the  itemized  Budget  as  made  up  by  the  various  de- 
partments and  showing  the  changes  made  by  the  City  Controller  and 
myself  is  now  in  process  and  I  have  been  informed  by  the  City  Con- 
troller that  it  will  be  ready  for  your  Honorable  Body  within  the 
next  two  or  three  days. 

I  hope  that  you  will  give  this  Budget  favorable  consideration.. 
Very  truly  yours, 

JOHN  L.  DUVALL, 

Mayor. 

August  18,  1926. 
Honorable  John  L.  Duvall,  Mayor, 
City  of  Indianapolis: 

My  dear  sir: — I  submit  herewith  for  your  consideration  esti- 
mates of  the  amount  of  money  that  will  be  necessary  for  the  opera- 
tion  of  the  several  departments  of  the  City  of  Indianapolis  for  the 
year  1927,  under  the  General  Fund.  The  estimates  submitted  by  the 
different  Boards  and  Departments  under  them  in  the  General  Fund 
were  carefully  gone  over  at  a  meeting  between  you  and  myself  and 
finally  approved  by  you  as  follows: 

Mayor's    Office    $         9,925.00 

City    Clerk    8,865.00 

Common   Council 6,140.00 

Controller's  Office 216,243.00 

Barrett  Law 14,480.00 

Legal    Department    28,795.00 

City   Plan    Commission 16,375.0ft 


August  18,  1926]  city    of   indianapolis,   ind.  279 


Department  of  Public   Purchase 16,105.00 

Board   of  Public   Works 1,347,870.00 

Board  of  Public   Safety 2,574,863.00 

Total    $4,249,421.00 

At  the  same  meeting  the  tax  levies  for  the  various  Departments 
not  included  in  the  General  Fund  were  carefully  gone  over  and  fin- 
ally approved  by  you  as  follows: 

City  Sinking  Fund ^ $   .05 

Police    Pension    Fund    .01 

Firemen    Pension    Fund    .01 

School    Health .015 

Park   General .06 

Park   District   Bonds .055 

Recreation   Fund    .0125 

Track    Elevation    .02 

Tuberculosis  Fund .005 

Sanitary  Bond  Fund .035 

Sanitary    Maintenance    .065 

Board  of  Health .09 

Flood    Prevention    .015 

Street   Resurfacing   .02 

Thoroughfare    Plan    .005 

Total .4675 

General   City  Fund .5675 

Total $1,035 

I  firmly  believe  that  the  designated  amounts  of  money  and  tax 
levy  together  with  revenues  other  than  taxes  will  be  sufficient  for 
the  various  Departments  to  operate  efficiently  during  the  year  of 
1927. 

Attached  you  will  find  a  statement  of  the  tax  levy  for  the 
year  1927  as  made  up  on  an  estimated  valuation  of  $653,000,000.00 
together  with  the  revenues  received  from  license  fees  and  poll  tax 
for  the  City  General  Fund  purposes. 

Respectfully  submitted, 

W.  C.  BUSER, 

City  Controller. 

Estimated    Value    $653,000,000.00 

Tax  Levy  of  $.5675 $3,705,775.00 

Estimated   License  and  Fees 500,000.00 

Estimated  Revenues  from  Poll  Tax 30,000.00 

Total   Revenues $4,235,775.00 

Total  of  General  Fund  Expenses: $4,249,461.00 

Less: 

Flood    Prevention    $10,000.00 

Police  and  Fire  Department 

Salaries  Forfeitures 4,000.00  14,000.00 

General  Fund  Net  Expense $4,235,461.00 


280 


journal  of  common  council  [Special   Meeting 


Total   Revenues $4,235,775.00 

Net  Expenses 4,235,461.00 

Balance $  314.00 

Mr.  Albertson  moved  that  it  be  the  sense  of  the  Coun- 
cil that  the  Budget  as  submitted  by  the  Mayor  in  Appro- 
priation Ordinance  No.  3,  inasmuch  as  it  was  not  sub- 
mitted with  detailed  figures  and  estimates  from  the  heads 
of  the  City  Departments,  be  not  accepted  by  the  Council 
in  its  present  form.   Motion  seconded  by  Mr.  Dorsett. 

Mr.  Raub  voiced  his  objection  to  the  motion. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  the  Council  recessed  for  ten  minutes. 

At  8:35  the  Council  reconvened,  the  same  members 
being  present  as  before. 

Mr.  Bartholomew  moved  that  the  Common  Council 
refuse  to  accept  the  Budget  as  presented  by  the  City  Con- 
troller in  Appropriation  Ordinance  No.  3  and  General 
Ordinance  No.  64  and  that  the  Council  be  called  in  spe- 
cial meeting  Thursday,  August  19,  at  9:00  o'clock  a.  m. 
for  the  purpose  of  receiving  the  complete  Budget  from 
the  City  Controller.  Motion  seconded  by  Mr.  Dorsett  and 
carried  by  the  following  roll  call  vote : 

Ayes,  7,  viz. :  Messrs.  Albertson,  Bartholomew,  Dor- 
sett, Ferguson,  Negley,  Todd  and  President  Moore. 

Noes,  2,  viz. :    Messrs.  Raub  and  Springsteen. 

The  Common  Council  of  the  City  of  Indianapolis 
adjourned  at  8:50  o'clock  p.  m. 


Attest 


City  Clerk. 


President. 


August  19,  1 926 j  city    of    Indianapolis/ ind.  281 

SPECIAL  MEETING 

Thursday,  August  19,  1926. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Thursday,  August  19,  1926,  at 
9:00  o'clock  a.  m.  in  special  session,  President  Boynton  J. 
Moore  in  the  chair,  pursuant  to  the  following  call : 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — You  are  hereby  notified  that  there  will  be  a  special 
meeting  of  the  Common  Council  held  in  the  Council  Chamber  on 
Thursday,  August  19,  1926,  at  9:00  a.  m.,  the  purpose  of  such  meet- 
ing" being  to  receive  communications  from  the  Mayor  or  City  Con- 
troller of  said  City  and  for  the  introduction  of  the  1927  Budget. 

Respectfully, 

BOYNTON  J.  MOORE. 
I,  Wm.  A.  Boyce,  Jr.,  Clerk  fo  the  Common  Council  of  the  City 
of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served  the 
above  and  foregoing  notice  to  each  and  every  member  of  the  Com- 
mon Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WILLIAM  A.  BOYCE,  JR., 

City  Clerk. 
Which  was  read. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and  five 
members,  viz. :  Otis  E.  Bartholomew,  Walter  R.  Dorsett, 
O.  Ray  Albertson,  Robert  E.  Springsteen  and  Austin  H. 
Todd. 

Absent:  Claude  E.  Negley,  Edward  B.  Raub  and  Mil- 
lard W.  Ferguson. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Albertson,  seconded  by  Mr.  Dorsett. 

On  motion  of  Mr.  Dorsett,  seconded  by  Dr.  Todd,  the 
Common  Council  recessed  for  five  minutes. 

The  Council  reconvened  at  9:35  o'clock  a.  m,  the 
same  members  being  present  as  before. 

INTRODUCTION  OF  APPROPRIATION  ORDINANCES 

By  the  Mayor: 


282  journal  of  common  council  [Special   Meeting 


APPROPRIATION  ORDINANCE  NO.  3,   1926 

AN  ORDINANCE,  APPROPRIATING  moneys  for  the  purpose  of 
defraying-  current  expenses  of  the  City  Government  of  the  City 
of  Indianapolis,  Indiana,  and  for  the  use  of  the  several  execu- 
tive departments  thereof,  for  the  fiscal  year,  beginning  January 
1st,  1927,  and  ending  December  31st,  1927,  including  all  out- 
standing claims  and  obligations  and  fixing  a  time  when  the  same 
shall  take  effect.  Repealing  all  General,  Special  Appropriation 
and  other  Ordinances  in  any  manner  in  conflict. 
Be  it  Ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana: 

Section  1.  That  there  be  and  is  hereby  appropriated  out  of  the 
funds  of  the  City  of  Indianapolis,  Indiana,  for  the  purpose  of  de- 
fraying expenses  of  said  City  and  for  the  use  of  the  several  execu- 
tive departments  thereof,  for  the  fiscal  year,  beginning  January  1st, 
1927,  and  ending  December  31st,  1927,  including  all  outstanding 
claims  and  obligations  existing  on  the  first  day  of  said  fiscal  year 
for  the  following  sums  of  money  for  the  different  departments  of 
said  City  and  for  the  several  purposes  are  hereinafter  set  forth: — 

ORGANIZATION  UNIT:     OFFICE  OF  MAYOR 
OFFICE  OF  MAYOR. 

1.  Services  -  Personal 

11.      Salaries  and  Wages.     Regular. 

Mayor    @ $7,500.00      $      7,500.00 

Secretary    @        ; 2,000.00  2,000.00 

2.  Services  -  Contractual 

21.      Communication  and   Transportation 

212   Postage      ...  25.00 

214  Telegraph  and  Telephone 175.00  200.00 

25.    Repairs    25.00 

3.  Supplies 

36.  Office 200.00 


Total:   Office   of  Mayor    __1 $      9,925.00 

ORGANIZATION  UNIT;  CITY  CLERK 
CITY  CLERK 

1.  Services  -  Personal 

11.      Salaries  and  W?ges.  _  Regular. 

1.   Cuy  Clerk    @        $3,000.00      $      3,000.00 

1.   Stenographer   @    1,200.00  1,200.00 

2.  Services  -  Constractual 

21.  Communication  and  Transportation  275.00 

24.  Printing  and  Advertising        ,  3,500.00 

25.  Repairs    350.00 

3.  Supplies 

36.  Office  300.00 

Total:    City    Clerk    $      8,625.00 

ORGANIZATION  UNIT:  COMMON  COUNCIL 
COMMON  COUNCIL 
1.      Services  -  Personal 

11.      Salaries  and  Wages.     Regular. 

9   Councilmen   @    $    600.00      $      5,400.00 


August  19,  1926]  city    of    Indianapolis,    ind.  283 


1    Sergeant-at-arms      ' 400.00  400.00 

1  Secretary  of  Committee  240.00  240.00 

36.    Office    100.00 

Total:  Common  Council $      6,140.00 

DEPARTMENT:  FINANCE 

ORGANIZATION  UNIT:  CITY   CONTROLLER 

1.  Service  -  Personal 

11.      Salaries  and  Wages 

Controller $      4,000.00 

Deputy  Controller 2,500.00 

Bookkeeper     2,400.00 

License  Clerk 1,800.00 

Clerk 600.00 

Stenographer    _._. 1,500.00 

Stenographers  2   @   $1,200.00  2,400.00 

Sinking  Fund  Commissioners  2  @  100.00                200.00 

Ass't  Sec'y  Athletic  Commission 400.00 

2.  Services  -  Contractual 

21.   Communication  and   Transportation 

211.  Freight,  Express  and  Drayage  $       10.00 

212.  Postage    300.00 

214  Telephone  and  Telegraph  ^__       153.00 
216.   Traveling   Expenses 500.00 

Total  Item  No.   21 963.00 

24.  Printing  and  Advertising 700.00 

25.  Repairs   50.00 

3.  Supplies 

36.  Office 5,000.00 

5.  Current  Charges 

51.  Insurance  and  Premiums 1,250.00 

53.  Refunds,  Awards  and  Indemnities 200.00 

55.  Subscriptions  and  Dues 30.00 

6.  Current  Oligations 

61.  Interest    182,000.00 

62.  Grants  and  Subsidies 10,150.00 

7.  Properties 

72.  Equipment 100.00 


Total:  City  Controller $216,243.00 

ORGANIZATION  UNIT:  PUBLIC  PURCHASE 

PUBLIC  PURCHASE  DEPARTMENT: 

1.      Service  -  Personal 

11.  Salaries  and  Wages.     Regular. 

1.  Purchasing  Agent  @ $      5,000.00 

1.  Asst.   Purchasing  Agt,    @ 2,000.00 

1.    Clerk    @    1,800.00 

1.  Inspector  and  Storekeeper  @  —  1,800.00 

1.   Bookkeeper   @    1,200.00 

.     •            1.  Stenographer   @ 1,020.00 


284  journal  of  common  council  [Special    Meeting 


1.   Clerk    @ 900.00 

1.   Clerk   @ 900.00 

2.  Service  -  Contractual 

21.  Communication  and  Transportation  550.00 

24.  Printing  and  Advertising: 500.00 

25.  Repair  of  Equipment 25.00 

3.  Supplies 

36.   Office   supplies   600.00 

5.      Current  Charges 

55.  Subscriptions  and  Dues 10.00 

7.     Properties 

72.    Equipment    250.00 


Total:  Public   Purchase $   16,105.00 

ORGANIZATION  UNIT:  BARRETT  LAW  DIVISION 
BARRETT  LAW  DIVISION: 

1.  Service  -  Personal 

11.  Salaries  and  Wages.     Regular 

1.  Bookkeeper __  $      1,800.00 

1.  Clerk ^ . 1,800.00 

3   Clerks    @ $1,500.00  4,500.00 

1.  Asst.  Bookkeeper  „.. 1,500.00 

1.  Stenographer  . 1,080.00 

2.  Services  -  Contractual 

21.  Communication  and  Transportation  400.00 

24.  Printing  and  Advertising 300.00 

25.  Repairs 100.00 

3.  Supplies 

36.    Office    __._- 2,500.00 

7.     Properties 

72.    Equipment — .___  500.00 

Total:  Barrett  Law  Division $   14,480.00 

ORGANIZATION  UNIT:  CITY  PLAN  COMMISSION 

CITY  PLAN  COMMISSION: 

1.  Service  -  Personal 

11.  Salaries  and  Wages.     Regular 

1.  Engineer  @    $3,000.00     $     3,000.00 

1.    Secretary    @    ___  1,800.00            1,800.00 

4.   Draftsmen    @    ^  1,800.00            7,200.00 

12.  Temporary  Salaries  and  Wages .  200.00 

13.  Other  Compensation 2,400.00 

2.  Service  -  Contractual 

21.  Communication  and  Transportation  250.00 

24.  Printing  and  Advertising 500.00 

25.  Repairs 25.00 

3.  Supplies 

33.  Auto  -  Gas  and  Supplies  — — .__ 300.00 

36.    Office    600.00 

5.     Current  Charges 

55.  Dues,  etc. . 50.00 


August  19,  1926]  city    of   Indianapolis,   ind.  285 


Properties 
721.  Furniture  and  Fixtures 50.00 


Total:  City  Plan  Commission  $    16,375.00 

ORGANIZATION  UNIT:  DEPARTMENT  OF  LAW 

1.  Services  -  Personal 

11.  Salaries  and  Wages.     Regular 

1.    Corporation    Counsel 

1.   City  Attorney   

1.   Ass't.    City   Attorney 

1.  2nd  Ass't.  City  Attorney __ 

1.  Deputy  Prosecutor 

1.   Claim   Agent 

1.   Stenographer  

1.    Stenographer    

2.  Services  -  Contractual 

21.  Communication  and  Transportation 

24.  Printing  and  Advertising 

25.  Repairs   

3.  Supplies 

36.  Office 

5.      Current  Charges 

53.  Refunds,  Awards  and  Indemnities  _ 

55.  Subscriptions  and  Dues 

7.     Properties 

72.    Equipment , , 


$   5,000.00 

4,000.00 

2,500.00 

2,400.00 

1,500.00 

1,200.00 

1,320.00 

1,200.00 

125.00 

50.00 

25.00 

250.00 

9,000.00 

25.00 

200.00 

Total:  Department  of  Law $   28,795.00 

DEPARTMENT:      BOARD   OF   WORKS 
ORGANIZATION    UNIT:      ADMINISTRATION 
ADMINISTRATION. 

1.  Services  -  Personal. 

11.      Salaries  and  Wages.     Regular. 

1.  President   @    $3,000.00  $     3,000.00 

2.  Members    @    2,500.00  5,000.00 

Clerk    @    1,500.00  1,500.00 

Stenographic  Clerk  @ 1,800.00  1,800.00 

Assistant  Clerk   @ 1,200.00  1,200.00 

Record  Clerk  @    1,200.00  1,200.00 

Bond  Clerk  @ L 1,800.00  1,800.00 

13.      Other  Compensations 1,200.00 

2.  Services  -  Contractual. 

21.  Communication  and  Transportation  6,000.00 

22.  Heat,  Light,  Power  and  Water  660,000.00 

24.  Printing  and  Advertising 10,000.00 

25.  Repairs                 .         _  ....  50.00 

26.  Services — Other   Contractual    40,000.00 

3.  Supplies 

36.      Office    1,000.00 

5.       Current  Charges 

51.      Insurance  and   Premiums 2,800.00 

53.      Refunds,   Awards   and   Indemnities  12,000.00 


286  journal  of  common  council  [Special    Meeting 


54.      Rents  and  Leases 2,000.00 

7.       Properties 

72.      Equipment    150.00 

Total:     Administration $750,700.00 

DEPARTMENT 

ORGANIZATION  UNIT:  PUBLIC  BUILDINGS 

PUBLIC  BUILDINGS: 

1.  Services  -  Personal. 

11.      Salaries  and  Wages.     Regular. 

1.  Custodian  at  City  Hall  @  .__   $1,800.00      $      1,800.00 

2.  Firemen  at  City  Hall  @   1,200.00  2,400.00 

2.      Elevator  Operators  @           .        1,080.00  2,160.00 

1.  Night  Watchman  City  Hall   @    1,080.00  1,080.00 

2.  Telephone  Operators  @ 960.00  1,920.00 

6.     Janitors   City   Hall    @           _        1,080.00  6,480.00 

2.     Janitors  at  Tomlinson  Hall   («)       960.00  1.920.00 

2.     Attendants  Comfort  Station  @       840.00  1,680.00 

2.      Matrons  Comfort  Station  @            720.00  1,440.00 

2.  Services — Contractual. 

21.  Communication  and  Transportation  25.00 

22.  Heat,  Light,  Power  and  Water  ._  .  12,000.00 

25.  Repairs    5,000.00 

26.  Other  Contractual 400.00 

3.  Supplies. 

32.     Fuel  and  Ice 2,000.00 

34.      Institutional  and  Medical    ___!___  1,000.00 

38.      Supplies   General . 400.00 

4.  Materials. 

41.      Building    500.00 

45.      Repair  Parts 100.00 

7.       Properties. 

72.      Equipment    800.00 

Total   $43,105.00 

DEPARTMENT:     BOARD  OF  WORKS 

ORGANIZATION  UNIT:  CITY  CIVIL  ENGINEER 

CITY  CIVIL  ENGINEER: 

1.       Services  -  Personal. 

11-1.      Salaries  and  Wages.  Regular. 

1.      City  Civil  Engineer   @  $3,500.00      $     3,500.00 

1.  Ass't.   Civil  Engineer    @ 3,600.00  3,600.00 

2.  Ass't.  Civil  Engineers  @ 2,400.00  4,800.00 

2.     Junior  Asst.    Engineers    @  .__   2,160.00  4,320.00 

2.     Senior  Office  Aids  @ 1,800.00  3,600.00 

2.  Office  Aids  @      1,500.00  3,000.00 

4.     Junior  Office  Aids  @   1,320.00  5,280.00 

3.  Senior  Draftsmen   @    1,320.00  3,960.00 

3.  Junior  Draftsmen   @    1,200.00  3,600.00 

4.  Senior  Field  Aids  @ 1,800.00  7,200.00 


-August  19,  1926]  city    of  Indianapolis,    ind.  287 


1.     Field  Aid   @    1,500.00  1,500.00 

12.     Junior  Field  Aids   @   1,200.00  14,400.00 

1.      Chief  Clerk  @ 2,100.00  2,100.00 

1.      Ass't.   Clerk    @    1,500.00  1,500.00 

1.     Junior  Clerk    @    1,200.00  1,200.00 

11-2.     Flood  Prevention  Department. 

1.     Junior   Ass't.    Engineer    (a)  .__    2,160.00  2,160.00 

1.      Senior  Office  Aid    (a)    1,800.00  1,800.00 

1.     Junior  Office  Aid  @ 1,320.00  1,320.00 

1.      Senior  Field  Aid   (a) 1,800.00  1,800.00 

3.     Junior  Field  Aids   (a)    1,200.00  3,600.00 

1.     Senior  Inspector   @ 1,500.00  1,500.00 

11-3.      C.  C.  E.  O.  Inspectors. 

1.  Chief  Inspector  (a) 2,000.00  2,000.00 

2.  Senior  Inspectors  @    1,800.00  3,600.00 

3.  Inspectors — Regular   (a) 1,320.00  3,960.00 

29.  Junior  Inspectors   (7  mos.)    @    1,200.00  20,300.00 
1.      Stenographer   (a)    1,200.00  1,200.00 

11-4.     Laboratory  Department. 

1.      Chemical  Engineer  @ 3,600.00  3,600.00 

1.     Ass't.  Chemical  Engineer  (a)   _   1,800.00  1,800.00 

1.      Senior  Ass't.  Engineer  (a)    1,400.00  1,400.00 

1.     Junior  Ass't.  Chem.  Eng.  (a)_„   1,320.00  1,320.00 

1.     Junior  Inspector  (6  mos.)  @__      600.00  600.00 

11-5.     Asphalt  Plant  Department. 

1.  Plant    Superintendent    @ 2,000.00  2,000.00 

11-6.     Asphalt  Street  Repair: 

2.  Poremen    (Regular)    @ 1,500.00  3,000.00 

2.     Foremen   (Temporary)   @ 1,320.00  1,320.00 

11-7.     Brick  and  Block  Dept: 

1.     Foreman    @    1,500.00  1,500.00 

11-8.     Cement  Walk  and  Curb  Dept; 

1.     Foreman  @ 1,320.00  1,320.00 

11-9.     Street  Lighting  Dept: 

1.  Superintendent  (a) 1,620.00  1,62000 

12.     Salaries  and  Wages.     Temporary. 

12-2.     Street  Bepair. 

2.  Rollermen   @   60c  per  hr 1,680.00  1,680.00 

4.  Truck  Drivers  @   60c  per  hr,_  3,360.00  3,360.00 

4.     Markers    @    55c   per  hr 3,080.00  3,080.00 

6.     Rakers   (a)    60c   per  hr 5,040.00  5,040.00 

6.     Tampers  @  55c  per  hr 4,620.00  4,620.00 

4.     Shovelers  @   55c  per  hr. 3,360.00  3,360.00 

30.  Laborers  @  45c  per  hr.  18,900.00  18,900.00 

2.     Watchmen   @   $2.50  per  night  1,085.00  1,085.00 

12-3.     Brick  and  Block  Dept: 

10.     Laborers  <5)  45c  per  hr 6,300.00  6,300.00 

12-4      Cement  Walk  and  Curb  Dept, 

1.     Finisher  @   70c  per  hr.   980.00  980.00 

7.      Laborers  @  45c  per  hr. 4,410.00  4,410.00 

2.  Services  -  Contractual. 

21.     Communication  and  Transportation  10,000.00 

24.  Printing    and    Advertising 700.00 

25.  Repairs    1,000.00 

3,  Supplies: 

32.     Fuel  and  Ice . - 2,000.00 


28S  journal  of  common  COUNCIL  [Special  Meeting; 


33.      Garage   and    Motor    Supplies 300.00 

35.  Laboratory    Supplies 300.00 

11.  Salaries  and  Wages.     Regular 

1.  Chief  @ £4,000. 00      $~     4,000.00 

2.  1st.  Ass't.  Chiefs  @ 3,182.50  6,365.00 

1.  2nd  Ass't.  Chief  @ 3,062.50  3,062.50 

10.  Battalion  Chiefs  @ 2,582.50  25,825.00 

1.  Secretary  <g> 2,&82.50  2,582.50 

2.  Aides  to  Chief  (Lieut,)   @ 2,182.50  4,365.00 

10.  Aides  to  Batt.  Chiefs 

(Chauf.)   @ .__. 1,982.50  19,825.00 

42.  Captains  @ 2,382.50  100,065.00 

68.   Lieutenants    @    2,182.50  148,410.00 

4.  Engineers   @       ;l 1,982.50  7,930.00 

105,  Chauffeurs   @ 1,982.50  208,162.50s 

289.  1st  Grade  Men  @ 1,916.25  553,796.25 

44.  1st  Grade  Substitutes  @ 1,916.25  84,315.00 

10.  2nd  Grade  Substitutes  @ 1,733.50  17,335.00 

1,  Stenographer   @ 1,500.00  1,500.00 

1.  Ass't.  Secretary  @ 1,800.00  1,800.00 

13,  Other  Compensation: 

2.  Services  -  Contractual. 

21.  Communication  and  Transportation:  8,000.00* 

22.  Heat,  Light  and  Power 5,500. 00 

24.  Printing  and  Advertising 200.00 

25.  Repairs __ 6,000.00 

26.  Other  Contractual 25.00' 

3.  Supplies  f 

32.  Fuel  and  Ice ,  10,000.00 

33.  Garages  and  Motor __^_^ 21,000.00 

34.  Institutional  and  Medical 2,000.00 

36,  Office  Supplies 800.00 

38.  General  Supplies - 3,500.00 

4.  Materials 

41,   Buildingr .___. 5,000.00 

44.  General  Materials  __„ 2,500.00 

45.  Repair  Parts   _• 7,0:00.00 

5.  Current  Charges  ' 

55.  Subscriptions  and  Dues; 8.00 

7.      Properties 

72.  Equipment __—  8,000.00 

Total  r  Fire  Department $1,268,871. 75- 

ORGANIZATION  UNIT:  POLICE  DEPARTMENT 

DEPARTMENT:  BOARD  OF  SAFETY 

POLICE  DEPARTMENT : 

1 .      Services  -  Personal 

11.   Salaries  and  Wages.      Regular 

1.  Chief  of  Police  @ $'4,000.00     $     4,000.00 

3.  Inspectors  @ 3,282.50  9,847.50 

6.  Captains   <g> 2,582.50  15,495.00 

14.   Lieutenants    (2)    2,382.50  33,355.00 

32,  Sergeants   @    2,182.50  69,840.00 


August  19,  1926]  city    or    Indianapolis,    inij.  289 


55.  Detectives  Sergeants  @        2,182.50        120,037.50 

-396  Patrolmen    (a)    749,040.00 

1st  Grade   @    1,920.00 

2nd  Grade  @   1,800.00 

3rd  Grade   @    1,620.00 

4.  Court  Bailiffs  @         .  1,920.00            7,680.00 

1.   Probation  Officer  @   _.      2,182.50            2,182.50 

1.  Ass't.  Secretary  @                1,800.00             1,800.00 

5.  2nd  Year  Women  Patrol  @   ___  1,920.00            9,600.00 

1.  Secretary  @ 2,582.50            2,582.50 

4.  Traffic  Reparimen   @    1,320.00            5,280.00 

1.   Hostler   @    1,200.00             1,200.00 

7.  Janitors  @   __    ._             1,080.00            7,560.00 

4.   Stenographic   Clerks    @    1,200.00             4,800.00 

13.  Other  Compensations  2,500.00 

'2.     Services  -  Contractual 

21.  Communication  and  Transportation  7,383.00 

22.  Heat,  Light  and  Power 14,000.00 

24.  Printing  and  Advertising 350.00 

25.  Repairs 7,000.00 

26.  Other  Contractual    4,869.00 

3.  Supplies 

32.  Fuel  and  Ice 350.00 

33.  Garage  and  Motor . 21,500.00 

34.  Institutional  and  Medical 800.00 

36.   Office   Supplies 3,000.00 

38,  General  Supplies 4,110.00 

4.  Materials 

41.    Building    700.00 

44.  General  Materials  __. 1,500.00 

45.  Repair  Parts *  4,000.00 

.5.     Current  Charges 

54.  Rents ._-____-  1,208.00 

55.  Subscriptions  and  Dues » 20.00 

7.     Properties 

72.  Equipment —_ 25,000.00 

Total:  Police  Department $1,142,590.00 

DEPARTMENT:  BOARD  OF  PUBLIC  SAFETY 

ORGANIZATION  UNIT:  GAMEWELL  DIVISION 

.1.     -Services  -  Personal 

11,  Salaries  and  Wages.     Regular 

Electrical  Engineer   @ $      3,600.00 

1.   General  Foreman    @    2,582.50 

I.  Ass't.  Foreman  @ 2,182.50 

II.  Circuit  Repairmen    @    $1,982.50          21,807.50 

1.  Fire  Alarm  Box  Inspector  (a)  __  1,916.25 

1.   Groundman    @    1,320.00 

14.  Signal  Operators   (5)    1,916.25          26,827.50 

2.  Services  Contractual 

21.  Communication  and  Transportation  20.00 

24.  Printing  and  Advertising 50.00 

25.  Repairs „  1,000.00 

3.  Supplies 


->QP  city    of    india napolis,    ind.  [Special  Meeting. 


33.  Garage  and  Motor 1,500.00 

36.   Office   Supplies 500.00 

38.  General  Supplies 7,500.00 

4.      Material 

44.  General  Materials 8,000.00 

45.  Repair  Parts 1^50o!oO 

7.      Properties 

72.  Equipment 5,000.00 


Total:   Gamewell   Division $   85,306.25 

DEPARTMENT:  PUBLIC  SAFETY 

ORGANIZATION  UNIT:  WEIGHTS  AND  MEASURES. 
WEIGHTS  AND  MEASURES: 

1.  Services  -  Personal 

11.  Salaries  and  Wages.     Regular 

1.  Chief  Inspector  @ $1,800.00      $      1,800.00 

4.  Deputy  Inspectors   @ 1,430.00  5,720.00 

2.  Services  -  Contractual 

21.  Communications  and  Transportation  15.00 

25.   Repairs 100. 00' 

3.  Supplies 

33.  Garage  and  Motor 400.00 

36.   Office  Supplies 625. 00 

4.  Materials 

45.  Repair  Parts 100.00 

7.     Properties 

72.    Equipment    I00.00'< 


Ttotal:  Weights  and  Measnres  ,_  $     8,860.00s 

DEPARTMENT:  BOARD  OF  SAFETY 
ORGANIZATION  UNIT:  DOG  POUND. 
DOG  POUND: 

1.  Services  -  Personal 

11.  Salaries  and  Wages.     Regular 

1.  Pound  Keeper  <§> $1,200.00     $     1,200.00 

1.  Deputy  Pound  Keeper  @ 1,02(5.00            1,020. 00 

2.  Services  -  Contractual 

21.  Communication  and  Transportation  60.00 

22.  Heat,  Light  and  Power 100.00 

25.   Repairs , 500.00 

3.  Supplies 

31.  Food — . 350.00 

32.  Fuel  and  Ice 250.00 

33.  Garage  and  Motor 500.00 

34.  Institutional  and  Medical 300.00 

36.  Office  Supplies 20.00 

38.   General   Supplies 200.00 

4.  Materials 

41.    Building 750.00 

45.  Repair  Parte _. 100.00 


August    19,    1926]  JOURNAL    OF    COMMON    COUNCIL  291 


5.       Current  Charges. 

54.  Rents 360.00 


Total:  Dog  Pound $      5,710.00 

DEPARTMENT:  BOARD  OF  PUBLIC  SAFETY. 
ORGANIZATION    UNIT:    EAST    MARKET. 

1.  Services  -  Personal 

11.  Salaries  and  Wages.     Regular 

Market  Master   @    .  .      $     2,000.00 

Ass't.  Market  Master  @ 1,500.00 

2.    Watchmen    @    $    900.00  1,800.00 

6.   Janitors    @    960.00  5,760.00 

Matron  @  .    240.00 

12.  Salaries  and  Wages.     Temporary 250.00 

2.  Services  -  Contractual 

21.  Communication  and  Transportation  70.00 

22.  Heat,  Light  and  Power 2,300.00 

25.  Repairs    5,000.00 

26.  Services  -  Other  Contractual 20.00 

3.  Supplies 

32.  Fuel  and  Ice 30.00 

33.  Garage  and  Motor 5.00 

34.  Institutional 150.00 

36.  Office  '"  125.00 

38.  General  Supplies 225.00 

4.  Materials.  m 

41.  Building 100.00 

7.      Properties 

72.    Equipment 15.00 

Total:  East  Market $   19,590.00 

36.      Office  Supplies 2,000.00 

38.      General    Supplies    1,000.00 

4.       Materials: 

41.      Building   Materials 100.00 

43.  Street  and   Alley   Materials 10,000.00 

44.  General  Materials 500.00 

45.  Repair  Parts 150.00 

7.       Properties: 

72.      Equipment    6,000.00 


Grand  Total  of  All  Accounts  ___  $213,185.00 

ORGANIZATION  UNIT:     ASSESSMENT  BUREAU. 

1.  Personal  Service. 

1.       Salaries  and  Wages.     Regular. 

1.      Transfer   Clerk    @    $1,200.00  $      1,200.00 

6.      Junior  Clerks  @ 1,200.00  7,200.00 

2.  Services  Contractual: 

21.      Communication  and  Transportation  200.00 

24.  Printing  and  Advertising 100.00 

25.  Repairs    50.00 


29Z  city    of    india napolis,    im>.  [Special  Meeting 


3.     Supplies: 

36.     Office 150.00 

7      Properties, 

72.      Equipment    400.00 

Grand  Total  $9,300.00 

DEPARTMENT:     BOARD  PUBLIC  WORKS. 
ORGANIZATION     UNIT:       MUNICIPAL    GARAGE. 
MUNICIPAL  GARAGE. 

1.  Services  -  Personal.     Regular. 

11-     Salaries  and  Wages.     Regular, 

1.     Superintendent    @    $3,000.00      $     3,000.00 

1.     Foreman    @           __       2,400.00  2,400.00 

1.      Clerk-Stenographer    (S3  1200.00  1,200.00 

1.      Night  Mechanic    &    Watchman  1,500.00  1,500.00 

12.      Salaries    and    Wages.      Temporary  (  22,500.00 

2.  Services.     Contractual : 

21.  Communication  and  Transportation  200.00 

22.  Heat,  Light,  Power  and  Water 1,000.00 

25.  Repairs    2,000.00 

26.  Other  Contractual  6,000.00 

3.  Supplies: 

32.  Fuel  and  Ice 50.00 

33.  Garage   and    Motor   Supplies    22,000.00 

36.     Office  Supplies 25.00 

4.  Materials: 

45.     Repair   Parts 6,000.00 

7.      Properties: 

72.     Equipment    3,100.00 

Grand  Total  Garage $70,975.00 

DEPARTMENT:     BOARD  PUBLIC  WORKS 
ORGANIZATION  UNIT:     DEPT.  PUBLIC  SERVICE 
STREET  COMMISSIONER: 

1.      Personal  Service: 

11.     Salaries  and  Wages.  Regular. 

11-1.      Office  Administration: 

1.     Commissioner    @    $3,000.00      $     3,000.00 

1.      Chief    Clerk     @ 1,680.00  1,680.00 

1.     Timekeeper    @        1,500.00  1,500.00 

1.     Clerk-Inspector   @    1,320.00  1,320.00 

1.     Clerk-Typist  @  1,000.00  1,000.00 

11-2.     Sewer  Department: 

1.     Ass't.  Commissioner  @    2,000.00  2,000.00 

1.     Inspector   @    1,320.00  1,320.00 

3.     Foremen  @ 1,320.00  3,960.00 

11-3.     Unimproved  Streets  Dept. 

3.     Foremen  @ 1,320.00  3.960.00 

11-4.     City  Yards  Dept. 

1.     Foreman    @     1,320.00  1,320.00 


Angus!    19,    1926]  JOURNAL    01    COMMON    COUNCIL  293 


11-5.     Street  Cleaning  Dept. 

4.      Inspector    @    __                               1,500.00  6,000.00 

1.      Barn  Foreman   @                1,200.00  1,320.00 

12-1.      Sewer  Department: 

.2      Eductor  Men    @    60c  per  hr  2,808.00 

4.  Eductor  Helpers  @   50c  per  hr  4,680.00 
3.      Emergency     Drivers      @      55c 

per  hr.  3,861.00 

3.  Basin    Truck    Drivers    @    55c 

per  hr.    3,861.00 

14.      Laborers  @  50c  per  hr.  .11,700.00 

1.      Dump  Man  @   $4.00  per  wk    _  208.00 
12-2.      Unimproved  Street  Dept. 

5.  Heavy    Truck    Drivers    @    60c 

per  hr. 5,270.00 

5.      Heavy   Truck   Helpers    @    50c 

per  hr.   4,350.00 

7.      Light    Truck    Drivers    @     55c 

per  hr.   6,759.00 

4.  Tractor  Drivers  @  55c  per  hr,  1,750.00 

4.  Grader  Men   @    55c  per  hr. 1,750.00 

10.      Laborers   @    50c  per  hr. 6,121.00 

12-3.      City  Yards: 

1.        Watchmen  @   $21.00  per  wk.  1,092.00 

1.  Red  Light  Man  @  $21.  per  wk  1,092.00 

2.  Emergency  Men  @  50c  per  hr  2,914.00 

1.      Laborer   @    50c  per  hr 1,456.00 

1.      Blacksmith    @    65c  per  hr 1,521.00 

1.      Blacksmith      Helper      @      50c 

per  hr. 1,170.00 

12-4.      Carpenter  Dept: 

1.  Foreman  @  $1.25  per  hr 2,892.50 

2.  Carpenters  @   $1.25  per  hr.__  5,322.20 

2.  Laborers   @   50c  per  hr 2,340.00 

1.      Truck  Driver  @   55c  per  hr.__  1,287.00 

1.      Painter  @  $1.10  per  hr 2,516.80 

Adjustment    1926    Union    Wage 

Scale 641.50 

12-5.      Weed  Cutting  Department: 

30.      Laborers  @   45  and  50c  hr.__  2,500.00 
12-6.      Sprinkling  Road  Oil: 

3.  Heavy    Truck    Drivers    @    60c 

per  hr.   900.00 

3.      Heavy   Truck   Helpers    @    50c 

per  hr.   750.00 

1.      Oil  House  Man  @   50c  per  hr.  350.00 
12-7.      Street  Cleaning  Department: 

1.      Truck  Foreman  @  65c  per  hr.  1,800.00 

18.      Teamsters   @    50c  per  hr 12,916.00 

200.      Laborers   @   45c  per  hr 60,000.00 

7.      Light    Truck    Drivers     @     55c 

per  hr.   8,000.00 

6.      Flusher  Drivers    @    60c    per   hr.  6,250.00 

5.  Tiuck  Helpers   @    50c  per  hr.  5,000.00 

3.      Dump  Men  @   $4  per  wk 624.00 

3.      Stablemen   @    50c  per  hr.  4,368.00 


294  city    of    Indianapolis,,    ind.  [Special    Meeting 


1.      Blacksmith  @  65c  per  hr.    1.521.00 

1.      Horseshoer  @  65c  per  hr. 1,521.00 

2.  Service  -  Contractual 

21.  Communication  and  Transportation  4,137.00 

22.  Heat,  Light,  Power  and  Water 450.00 

24.  Printing  and  Advertising 25.00 

25.  Repairs 3,000.00 

26.  Services  -  Other  Contractual 500.00 

3.  Supplies 

32.  Fuel  and  Ice 1,500.00 

33.  Garage  and  Motor 1,500.00 

36.  Office 350.00 

38.   General  Supplies 10,000.00 

4.  Materials 

42.  Sewer  Materials 5,500.00 

43.  Street  and  Alley  Materials 14,000.00 

44.  General  Materials 250.00 

45.  Repair  Parts 2,000.00 

5.  Current  Charges 

54.  Rents  and  Taxes 900.00 

7.     Properties 

71.  Buildings,  Structures  &  Improvements  2,590.00 

72.  Equipment   1,700.00 


Total  Street  Commissioner $260,645.00 

DEPARTMENT:  BOARD  OF  PUBLIC  SAFETY. 
ORGANIZATION  UNIT:  ADMINISTRATIVE. 

1.  Service  -  Personal 

11.  Salaries  and  wages.  Regular 

Commissioners,    3    @    $1,200.00     $     3,600.00 

Secretary    2,500.00 

Bookkeeper 2,000.00 

Stenographer    1,500.00 

13.  Other  Compensations : 1,120.00 

2.  Services  -  Contractual 

21.  Communications  and  Transportation  30.00 

25.  Repairs 25.00 

26.  Services,  Other  Contractual 200.00 

3.  Supplies 

36.     Office _. -—  400.00 

7.  Properties 

72.  Equipment 100.00 

Total  Board  of  Safety, 
Administrative $   11,475.00 

DEPARTMENT:  BOARD  OF  SAFETY 
ORGANIZATION:  FIRE  DEPARTMENT 

FIRE  DEPARTMENT: 

1.     Services  -  Personal 


August   19,    1926]  JOURNAL    OF   COMMON    COUNCIL  295 


DEPARTMENT:  BOARD  OF  PUBLIC  SAFETY. 
ORGANIZATION  UNIT:   BUILDING   DEPARTMENT. 

1.  Services  -  Personal 

11.  Salaries  and  Wages.     Regular 

Building  Commissioner   @ $      3,600.00 

Ass't.    Commissioner    @ , 3,300.00 

Plan  Examiner  @    2,700.00 

Chief  Inspector  @ 2,500.00 

Chief   Clerk    @    2,100.00 

1st  Ass't.   Clerk   @    1,950.00 

Bookkeeper  @ 1,500.00 

Stenographer  and  Sec'y.  to  Boards  1,320.00 

5.  Building  Inspectors  @ $2,400.00  12,000.00 

Smoke  Inspector   (Combustion 

Engineer)    @    3,000.00 

Ass't.  Smoke  Inspector   @ 2,400.00 

Elevator  Inspector  @ 2,400.00 

Chief  Sign  Inspector  @ 2,000.00 

Board  of  Electrical  Examiners, 

1  Member   @ 60.00 

Board  of  Plumbing  Examiners, 

3  Members  @ 180.00 

2.  Services  -  Contractual 

21.  Communication  and  Transportation  50.00 

24.  Printing  and  Advertising 500.00 

25.  Repairs   50.00 

3.  Supplies 

36.   Office 800.00 

7.      Properties 

72.    Equipment    50.00 

Total:  Building  Department $  42,460.00 

Grand  Total  for  entire  Budget  as  set  out 

above $4,249,421.00 

Section  2.  All  General,  Special,  Appropriation  and  other  Ordi- 
nances in  conflict  in  any  manner  are  herewith  repealed:  This  Sec- 
tion shall  not  be  in  force  and  effect  until  on  and  after  January  1st, 
1927. 

Section  3.  This  Ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  a  Special 
Committee  consisting  of  Mr.  Bartholomew,  Chairman, 
Messrs.  Todd,  Albertson,  Dorsett  and  Ferguson. 

INTRODUCTION  OF  GENERAL  ORDINANCES 

By  the  Mayor: 

GENERAL  ORDINANCE  NO.   64,   1926 

AN  ORDINANCE,  fixing  and  establishing  the  annual  rates  of  taxa- 
tion and  tax  levies  for  the  year  1926  for  the  City  of  Indianap- 
olis for  each  fund  for  which  a  seperate  tax  levy  is  authorized 
by  law  to  be  collected  and  expended  in  the  year  1927  and  fixing 


296  «ty    of    India  NAPOLis,    rND:  [Special   Meeting: 


a  time  when  this  Ordinance  shall  take  effect. 

Be    it    Ordained    by    the   Common    Council    of  the    City   of   Indianapolis, 
Indiana: 

Section  1.  That  there  be  and  is  hereby  levied  and  assessed  up- 
on all  real  estate  and  improvements  and  all  personal  property  of 
whatsoever  description,  notes,  bonds,  stocks  choses  in  action  of 
every  kind  and  character  in  the  City  of  Indianapolis,  Indiana,  as  as- 
sessed and  returned  for  taxation  in  said  City,  for  the  year  1926, 
and  a  tax  of  Fifty-Six  and  three-fourths  Cents  ($.5675)  for  General 
Purposes  on  each  One  Hundred  ($100.00)  Dollars  valuation  of  such 
taxable  property  also  Fifty  Cents  ($.50)  on  each  poll  for  General' 
Purposes  also  a  tax  levy  of  Five  Cents  ($.05)  for  the  City  Sinking 
Fund  upon  each  One  Hundred  ($100.00)  Dollars  valuation  of  such 
taxable  property;  also  a  tax  levy  of  One  Cent  ($.01)  for  the  Police 
Pension  Fund  on  each  One  Hunred  ($100.00)  Dollars  valuation  of 
such  taxable  property;  also  a  tax  levy  of  One  Cent  ($.01)  for  the 
Firemen  Pension  Fund  upon  each  One  Hundred  ($100.00)  Dollars 
valuation  of  such  taxable  property;  also  a  tax  levy  of  One  and  one- 
half  Cent  ($.015)  for  School  Health  Fund  upon  each  One  Hundred 
($100.00)  Dollars  of  such  taxable  property;  also  a  tax  levy  of  Six 
Cents  ($.06)  for  Park  General  Fund  upon  each  One  Hundred 
($100.00)  Dollars  valuation  of  such  taxable  property;  also  a  tax 
levy  of  Fve  and  one-half  Cents  ($.055)  for  the  Park  District  Bonds 
upon  each  One  Hundred  ($100.00)  Dollars  valuation  of  such  taxable 
property;  also  a  tax  levy  of  One  and  one-fourth  Cent  ($.0125)  for 
the  Recreation  Fund  upon  each  One  Hundred  Dollars  valuation  of 
such  taxable  property;  also  a  tax  levy  of  Two  Cents  ($.02)  for 
Track  Elevation  Fund  upon  each  One  Hundred  ($100.00)  Dollars 
valuation  of  such  taxable  property;  also  a  tax  levy  of  Five  Mills; 
($.005)  for  Tuberculosis  Fund  upon  each  One  Hundred  ($100.00) 
Dollars  valuation  of  such  taxable  property;  also  a  tax  levy  of  Three 
and  Five  Mills  ($.035)  for  Sanitary  Bond  Fund  upon  each  One 
Hundred  ($100.00)  Dollars  valuation  of  such  taxable  property;  also 
a  tax  levy  of  Six  Cents  Five  Mills  ($.065)  for  Sanitation  Mainten- 
ance Fund  upon  each  One  Hundred  ($100.00)  Dollars  valuation  of 
such  taxable  property;  also  a  tax  levy  of  Nine  Cents  ($.09)  for  the 
Board  of  Health  Fund  upon  each  One  Hundred  ($100.00)  Dollars 
valuation  of  such  taxable  property;  also  a  tax  levy  of  One  Cent-Five 
Mills  ($.015)  for  the  Flood  Prevention  Fund  upon  each  One  Hund- 
red ($100.00)  Dollars  valuation  of  such  taxable  property;  also,  a 
tax  levy  of  Two  Cents  ($.02)  for  Street  Resurfacing*  Fund  upon  each- 
One  Hundred  ($100,00)  Dollars  valuation  of  such  taxable  property? 
also  a  tax  levy  of  Five  Mills  ($.005)  for  the  Thoroughfare  Plan  Fund 
upon  each  One  Hundred  ($100.00)  Dollars  valuation  of  such  taxa- 
ble property;  all  of  which  levies  are  duly  authorized  by  specific  laws. 

Section  2,  That  the  Auditor  of  Marion  County,  Indiana,  be 
and  is  hereby  ordered  and  directed  to  place  all  such  tax  levies  upon 
the  property  tax  duplicates  and  the  County  Treasurer  of  such  county 
ex-officio  City  Treasurer,  be  and  is  hereby  ordered  and  directed  to 
collect  same  for  the  City  of  Indianapolis  and  each  of  said  depart- 
ments thereof,  and  make  due  report  thereof,  as  provided  by  law. 

Section  3.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 


AugUSt    19,    1926]  JOURNAL  OF  COMMON  COUNCIL  297 

Which  was  read  a  first  time  and  referred  to  a  Special 
Committee  consisting  of  Mr.  Dorsett,  Chairman,  Messrs. 
Albertson,  Todd,  Bartholomew  and  Ferguson. 

The  Common  Council  of  the  City  of  Indianapolis 
adjourned  at  9:50  o'clock  a.  m. 


President. 
Attest: 


City  Clerk 


August  24,  1926]  city  of  Indianapolis,  ind.  299 

SPECIAL  MEETING 

Tuesday,  August  24,  1926,  7:30  p.  m. 
The  Common  Conucil  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Tuesday,  August  24,  1926,  at 
7:30  p.  m.,  in  special  session,  President  Boynton  J.  Moore 
in  the  chair  pursuant  to  the  following  call : 

The  Clerk  called  the  roll. 

August  23,  1926,  3:00  p.  m. 
To  the  Members  of  the  Common  Council,  Indianapolis,  Indiana: 

Gentlemen — You  are  hereby  notified  that  there  wiU  be  a 
special  meeting  of  the  Common  Council  held  in  the  Council  Cham- 
ber on  Tuesday,  August  24,  1926,  at  7:30  p.  m.,  the  purpose  of 
such  meeting  being  to  reconsider  the  publication  of  the  Budget  for 
1927  and  to  receive  communications  from  the  Mayor,  City  Comp- 
troller and  other  city  officers. 

Respectfully, 

BOYNTON  J.  MOORE, 

President. 

I,  Wm.  A.  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served 
the  above  and  foregoing  notice  to  each  and  every  member  of  the 
Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WM.  A.  BOYCE,  Jr. 

City  Clerk. 

Which  was  read. 

Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and  seven 
members,  viz. :  Otis  E.  Bartholomew,  Walter  R.  Dorestt, 
Austin  H.  Todd,  Robert  E.  Springsteen,  Millard  W.  Fer- 
guson, Edward  B.  Raub  and  O.  Ray  Albertson. 

Absent:    Claude  E.  Negley. 


REPORTS  FROM   COMMITTEES 

Indianapolis,  Ind.,  August  24,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Special  Committee  to  whom  was  re- 
ferred General  Ordinance  No.  64,  1926,  establishing  the  1926  tax 
levies,   collectible   in    1927,   beg  leave   to   report  that   we   have   had 


3^0  journal  of  common  council  [Special   Meeting 


raid  ordinance  under  consideration,  and  recommend  that  the  same 

be  passed  after  being  amended. 

WALTER  R.  DORSETT,  Chairman 
OTIS  E.  BARTHOLOMEW 
AUSTIN  H.  TODD 
M.   W.   FERGUSON. 


ORDINANCES  ON  SECOND  READING 

Mr.  Dorsett  called  for  General  Ordinance  No.  64  for 
second  reading. 

Mr.  Raub  raised  a  point  of  order,  objecting  to  the 
calling  of  any  ordinances  for  second  reading  due  to  the 
fact  that  the  call  for  the  special  meeting  did  not  include 
the  consideration  of  any  ordinances  then  before  the 
Council. 

Mr.  Raub's  point  of  order  was  overruled  by  President 
Moore. 

General  Ordinance  No.  64  was  read  a  second  time. 

Mr.  Dorsett  then  presented  the  following  written 
motion : 

Indianapolis,  Ind.,  August  24,  1926. 

Mr.  President: 

I  move  that  General  Ordinance  No.  64,  1926,,  be  amended  to 
read  as  follows:  ' 


GENERAL  ORDINANCE  NO.   64,   1926,  AS  AMENDED. 

AN  ORDINANCE,  fixing  and  establishing  the  annual  rates  ef  tax- 
ation and  tax  levies  for  the  year  1926,  for  the  City  of  Indian- 
apolis, for  each  fund  for  which  a  separate  tax  levy  is  author- 
ized by  law,  to  be  collected  and  expended  in  the  year  1927, 
and  fixing  a  time  when  this  ordinance  shall  take  effect. 

Be    it    Ordained   by    the   Common    Council   of   the    City   of  Indianapolis, 
Indiana:  .,   ,  .j,. . 

Section  1.  That  there  be  and  hereby  is  levied  and  assessed 
upon  all  real  estate  and  improvements  and  all  personal  property  of 
whatsoever  description,  notes,  bonds,  stocks,  chosen — in  action  of 
every  kind  and  character  in  the  City  of  Indianapolis,  Indiana,  as 
assessed  and  returned  for  taxation  in  said  year  in  said  city  for  the 
year  1926,  a  tax  of  Fifty-five  and  one-half  cents  ($.555)  for  gen- 
eral purposes  on  each  One  Hundred  ($100.00)  Dollars  valuation  of 
such  taxable  property;  also  Fifty  Cents  ($.50)  on  each  pollfor  gen- 


August  24,  1926]  city    of    Indianapolis,    ind.  301 


eral  purposes;  also  a  tax  levy  of  Five  Cents  ($.05)  for  the  City 
Sinking  Fund  upon  each  One  Hundred  ($100.00)  Dollars  valuation 
of  such  taxable  property;  also  a  tax  levy  of  One  Cent  ($.01)  for 
the  Police  Pension  Fund  on  each  One  Hundred  ($100.00)  Dollars 
valuation  of  such  taxable  property;  also  a  tax  levy  of  One  Cent 
($.01)  for  the  Firemen  Pension  Fund  upon  each  One  Hundred 
($100.00)  Dollars  valuation  of  such  taxable  property;  also  a  tax 
levy  of  One  and  One-half  Cents  ($.015)  for  School  Health  Fund 
upon  each  One  Hundred  ($100.00)  Dollars  of  such  taxable  property; 
also  a  tax  levy  of  Eight  Cents  ($.08)  for  Park  General  Fund  upon 
each  One  Hundred  ($100.00)  Dollars  valuation  on  such  taxable 
property;  also  a  tax  levy  of  Five  and  One-Half  Cents  ($.055)  for 
the  Park  District  Bonds  upon  each  One  Hundred  ($100.00)  Dol- 
lars valuation  of  such  taxable  property;  also  a  tax  levy  of  One  and 
One-Half  Cents  ($.015)  for  the  Recreation  Fund  upon  each  One 
Hundred  ($100.00)  Dollars  valuation  of  such  taxable  property;  also 
a  tax  levy  of  Two  Cents  ($.02)  for  Track  Elevation  Fund  upon  each 
One  Hundred  ($100.00)  Dollars  of  such  taxable  property;  also  a 
tax  levy  of  Five  Mills  ($.005  (  for  Tuberculosis  Fund  upon  each  One 
Hundred  ($100.00  (  Dollars  valuation  of  such  taxable  property;  also 
a  tax  levy  of  Three  and  One-Half  Cents  ($.035  for  Sanitary  Bond 
Fund  upon  each  One  Hundred  ($100.00)  Dollars  valuation  of  such 
taxable  property;  also  a  tax  levy  of  Six  Cents  ($.06)  for  Sanitation 
Maintenance  Fund  upon  each  One  Hundred  ($100.00)  Dollars 
valuation  of  such  taxable  property;  also  a  tax  levy  of  Nine  Cents 
($.09)  for  the  Board  of  Health  Fund  upon  each  One  Hundred 
($100.00)  Dollars  valuation  of  such  taxable  property;  also  a  tax 
levy  of  One  and  One-Half  Cents  ($.015)  for  the  Flood  Prevention 
Fund  upon  each  One  Hundred  ($100.00)  Dollars  valuation  of  such 
taxable  property;  also  a  tax  levy  of  Two  Cents  ($.02)  for  Street 
Resurfacing  Fund  upon  each  One  Hundred  ($100.00)  Dollars  valu- 
ation of  such  taxable  property;  also  a  tax  levy  of  Five  Mills  ($.005) 
for  the  Thoroughfare  Plan  Fund  upon  each  One  Hundred  ($100.00) 
Dollars  valuation  of  such  taxable  property;  all  of  which  levies  are 
duly  authorized  by  specific  laws. 

Section  2.  That  the  Auditor  of  Marion  County,  Indiana,  be 
and  he  is  hereby  ordered  and  directed  to  place  all  such  tax  levies 
upon  the  property  tax  duplicates  and  the  County  Treasurer,  of  such 
County,  ex-officio  City  Treasurer  be  and  he  is  hereby  ordered  and 
directed  to  collect  the  same  for  the  City  of  Indianapolis  and  each  of 
said  Departments  thereof,  and  make  due  report  thereof,  as  pro- 
vided by  law. 

Section  3.  This  ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

WALTER  R.  DORSETT, 

Councilman. 

which  was  adopted  by  the  following  vote : 

Ayes,  6,  viz. :  Messrs.  Albertson,  Bartholomew,  Dor- 
sett,  Ferguson,  Todd  and  President  Moore. 

Noes,  1,  viz:  Messrs  Raub  and  Springsteen. 

Mr.  Bartholomew  moved  that  the  Council  order  the 


302  journal  of  common  council  f Special   Meet 


ing 


republication  of  the  1926  tax  levies  as  contained  in  the 
amended  General  Ordinance  No.  64  and  give  notice  of 
public  hearing  to  be  held  September  7. 

Mr.  Dorsett  made  a  motion  to  adjourn  which  was  sec- 
onded by  Mr.  Bartholomew  but  failed  to  carry  by  the  fol- 
lowing vote : 

Ayes,  4,  viz.:  Messrs.  Dorsett,  Bartholomew,  Todd, 
and  President  Moore. 

Noes,  4,  viz.:  Messrs.  Albertson,  Springsteen,  Raub 
and  Ferguson. 

Mr.  Raub  raised  another  point  of  order  that  if  the 
matter  of  passing  the  tax  levies  were  left  until  Septem- 
ber 7,  which  is  after  the  first  Monday  in  September,  then 
the  1926  Budget  and  Levy  would  hold  over  for  the  en- 
suing year. 

Mr.  Raub  then  presented  the  following  written  motion 
to  confirm  the  first  publication  of  the  Tax  Levies  and 
Budget  as  made  by  the  City  Clerk  in  two  papers  on 
August  23 : 

Mr.  President: 

I  move  that  the  publication,  theretofore  made  by  the  City 
Clerk  of  the  Budget  and  Tax  Levy  and  notice  of  publication  of  the 
hearing  thereon  for  September  3rd,  1926,  at  9  a.  m.,  be  ratified  and 
confirmed,  and  in  all  things  considered  and  taken  to  be  authorized 
by  this  council. 

EDWARD  B.  RAUB, 

Councilman. 

Mr.  Raub's  motion  to  confirm  the  action  of  the  City 
Clerk  was  lost  by  the  following  vote: 

Noes,  6,  viz. :  Messrs.  Albertson,  Dorsett,  Ferguson, 
Bartholomew,  Todd  and  President  Moore. 

Ayes,  2,  viz. :  Messrs.  Springsteen  and  Raub. 

President  Moore  then  gave  notice  of  a  special  meeting 
of  the  Council  to  be  held  in  the  Council  Chamber,  Thurs- 
day, August  26,  at  7:30  p.  m. 


August  24,  1926]  city    of   Indianapolis,   ind. 


3C3 


On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana,  adjourned  at  9:20  p.  m. 


Attest 


President. 


>Wa/&^*^  u .  /cu^^^, 


City  Clerk. 


August  26,  1926]  city  of  Indianapolis,  ind.  305 

SPECIAL  MEETING 

Thursday,  August  26,  1926. 

The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Thursday,  August  26,  1926,  at 
7:30  p.  m.,  in  special  session,  President  Boynton  J.  Moore 
in  the  chair,  pursuant  to  the  following  call : 

August  25,  1926. 
To  the  Members  of  the  Common  Council,  Indianapolis,  Indiana: 

Gentlemen — You  are  hereby  notified  that  there  will  be  a  special 
meeting  of.  the  Common  Council  held  in  the  Council  Chamber  on 
Thursday,  August  26,  1926,  at  7:30  p.  m.,  the  purpose  of  such  meet- 
ing being  to  receive  communications  from  the  Mayor  or  City  Con- 
troller of  said  City  and  for  the  consideration  of  General  Ordinance 
No.  64  and  Appropriation  Ordinance  No.  3,  including  the  re-publica- 
tion of  the  1927  Budget  and  tax  levies. 

Respectfully, 
BOYNTON  J.  MOORE, 

President. 

I,  William  A.  Boyce,  Jr.,  Clerk  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana,  do  hereby  certify  that  I  have  served 
the  above  and  foregoing  notice  to  each  and  every  member  of  the 
Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

WILLIAM  A.  BOYCE,  Jr. 

City  Clerk. 
Which  was  read. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President  and  five 
members,  viz. :  Austin  H.  Todd,  Otis  E.  Bartholomew, 
Millard  W.  Ferguson,  Walter  R.  Dorsett  and  O.  Ray  Al- 
bertson. 

Absent:  Claude  E.  Negley,  Edward  B.  Raub  and 
Robert  E.  Springsteen. 

INTRODUCTION    OF    APPROPRIATION    ORDINANCES 
By  Mr.  Bartholomew: 

APPROPRIATION  ORDINANCE  NO.  4,  1926. 

AN  ORDINANCE,  Appropriating  the  sum  of  Twenty  Thousand  One 
Hundred  and  Seventy-five  Dollars  ($20,175.00)  to  Gasoline 
Tax  Fund  No.  12,  Temporary  Salary  and  Wages,  and  the  sum 
of      Sixty      Thousand      Three      Hundred      and      Fifty      Dollars 


306  journal  of  common  council  [Special  Meeting* 


($60,350.00)  to  Gasoline  Tax  Fund  No.  43,  Street  and  Alley 
Material,  both  of  which  fund  numbers  being  hereby  created  in 
the  Department  of  the  City  Civil  Engineer  in  the  Department 
of  Public  Works  of  Indianapolis,  out  of  the  gasoline  tax  money 
for  the  purposes  of  repairing  certain  streets  hereinafter  speci- 
fied and  fixing  a  time  when  the  same  shall  take  effect. 

Be    it    Ordained    by    the    Common    Council    of   the    City   of   Indianapoii: 
Indiana: 

Section  1.  That  the  sum  of  Twenty  Thousand  One  Hundred 
and  Seventy-five  Dollars  ($20,175.00)  is  hereby  appropriated  to 
Gasoline  Tax  Fund  No.  12,  Temporary  Salary  and  Wages,  and  the 
sum  of  Sixty  Thousand  and  Three  Hundred  and  Fifty  Dollars 
($60,350.00)  is  hereby  appropriated  to  Gasoline  Tax  Fund  No.  43, 
Street  and  Alley  Material,  both  of  which  fund  numbers  being  hereby 
created  in  the  Department  of  the  City  Civil  Engineer  in  the  Depart- 
ment of  Public  Works  of  the  City  of  Indianapolis,  out  of  the  gasoline 
tax  money,  to  be  used  by  said  Department  in  repairing  the  streets 
and  avenues  as  set  forth  in  this  ordinance. 

Section  2.  That  the  Department  of  the  City  Civil  Engineer 
immediately  upon  taking  effect  of  this  ordinance  shall  proceed  from 
the  above  appropriated  monies  and  as  closely  to  said  Engineers  esti- 
mates as  practicable,  to  make  needed  repairs  on  the  following  named 
streets  and  avenues  in  the  City  of  Indianapolis: 

South  Meridian  Street. 

Maryland  Street. 

Georgia  Street. 

Louisiana  Street. 

McCrea  Street. 

South  Street. 

Merrill  Street. 

Russell  Avenue. 

McCarty  Street. 

Ray  Street. 

Morris  Street.  \  _,  I 

Bluff  Avenue. 

Raymond  Street. 

Harding  Street. 

Kentucky  Avenue. 

Belmont  Avenue. 

East  Washington  Street. 

Oliver  Avenue. 

Division  Street. 

West  Street. 

Senate  Avenue. 

North  Illinois  Street. 

North  Pennsylvania  Street. 

Delaware   Street. 

Madison  Avenue. 

Union  Street. 

Minnesota  Street. 

South  East  Street. 

Prospect  Street. 

Buchanan  Street. 

Noble  Street. 


August  26,  1926]  city  of  indianapoliS;  ind.  307 


Shelby  Street. 
Churchman   Avenue. 
Fletcher  Avenue. 
English  Avenue. 
Southeastern  Avenue. 
Rural  Street. 
Sherman  Drive. 
Emerson  Avenue. 
Audubon  Road. 
Arlington  Avenue. 
East  Michigan  Street. 
New  York  Street. 
East  Tenth  Street. 
Olney  Street. 
Tuxedo  Street. 
LaSalle  Street. 
Eastern  Avenue. 
Keystone  Avenue. 
Cornell  Avenue. 
Bellefontaine   Street 
Ashland  Avenue. 
College  Avenue. 
Park  Avenue. 
^Broadway. 
Ruckle  Street. 
Central   Avenue. 
"New  Jersey  Street. 
Alabama  Street. 
Talbott  Avenue. 
Market  Street. 
Ohio  Street. 
Vermont  Street. 
North  Street. 
Walnut  Street. 
St.  Clair  Street. 
Pratt  Street. 
St.  Joseph  Street. 
Eleventh  Street. 
Twelfth  Street. 
Thirteenth   Street. 
Sixteenth   Street. 
Massachusetts  Avenue. 
Roosevelt  Avenue. 
25th  Street. 
22nd  Street. 
23rd  Street. 
West  30th  Street. 
Gale  Street. 
Hillside  Avenue. 
Martindale  Avenue. 
Columbia  Avenue. 
Washington  Blvd. 
32nd  Street. 
34th  Street. 
.36th  Street. 


308  journal  of  common  council  |  Special   Meeting 


40th  Street. 

42nd   Street. 

63rd  Street. 

Ft.  Wayne  Avenue. 

Pine  Street. 

Highland  Street. 

State  Street. 

Kenwood   Avenue. 

Boulevard  Place. 

Northwestern  Avenue. 

Clifton   Street. 

Congress  Avenue. 

20th  Street. 

26th  Street. 

Highland  Place 

Indiana  Avenue. 

Blake  Street. 

King  Avenue. 

Washington  Avenue. 

21st  Street. 

Section  3.  Any  enactment,  ordinance  or  resolution  contrary  to 
the  provisions  of  this  ordinance  is  hereby  repealed. 

Section  4.  This  Ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

OTIS  E.  BARTHOLOMEW. 

Councilman. 

Which  was  read  a  first  time  and  referred  to  a  Special 
Committee  consisting  of  Mr.  Ferguson,  Chairman; 
Messrs.  Albertson,  Dorsett,  Todd  and  Bartholomew. 

By  Mr.  Bartholomew: 

APPROPRIATION  ORDINANCE  NO.  5,  1926. 

AN  ORDINANCE,  appropriating  the  sum  of  Eleven  Thousand  Three 
Hundred  and  Forty-five  ($11,345.00)  Dollars  to  Gasoline  Tax 
Fund  No.  12,  Temporary  Salary  and  Wages,  the  sum  of  Ten 
Thousand  and  Forty-Two  ($10,042.16)  Dollars  and  Sixteen 
Cents  to  Gasoline  Tax  Fund  No.  452,  Materials,  Parts  of  Struc- 
tures and  the  sum  of  Thirty-Five  Hundred  ($3500.00)  Dollars 
to  Gasoline  Tax  Fund  No.  251,  Services  Contractual,  all  in 
the  Department  of  the  Street  Commissioner  in  the  Department 
of  Public  Works  of  the  City  of  Indianapolis,  out  of  the  Gasoline 
Tax  money,  for  the  purposes  of  repairing  certain  bridges  here- 
inafter specified,  creating  such  Fund  numbers,  and  fixing  a  time 
when  the  same  shall  take  effect. 

Be   it    Ordained   by    the    Common    Council   of   the    City    of  Indianapolis, 
Indiana: 

Section  1.  That  there  is  hereby  appropriated  the  sum  of 
Eleven  Thousand  Three  Hundred  and  Forty-five  ($11,345.00)  to 
Gasoline  Tax  Fund  No.  12,  Temporary  Salary  and  Wages,  the  sum 
of  Ten  Thousand  and  Forty-two    ($10,042.16)    Dollars  and   Sixteen 


August  26,  1926]  city  of  Indianapolis,  end.  309 


Cents  to  Gasoline  Tax  Fund  No.  251,  Services  Contractual,  all  in 
the  Department  of  the  Street  Commissioner,  in  the  Department  of 
Public  Works  of  the  City  of  Indianapolis,  out  of  the  Gasoline  Tax 
Money,  for  the  purposes  of  repairing  bridges  as  set  forth  in  this 
ordinance,  said  fund  numbers  mentioned  in  this  section  being  here- 
by created  and  established. 

Section  2.  That  the  Department  of  the  Street  Commissioner 
immediately  upon  taking  effect  of  this  ordinance  shall  proceed  from 
the  rbove  appropriated  moneys  and  as  closely  to  said  engineer's 
estimates  as  practicable,  to  make  needed  repairs  on  the  following 
named  bridges  in  the  City  of  Indianapolis: 

West  10th  St.  Kiver  Bridge. 

Harding  St.  River  Bridge. 

Raymond  St.  River  Bridge. 

Fall  Creek  and  21st  St.  Bridge. 

Canal  and  25th  St.  Bridge. 

Cottage  Ave.   and   Pleasant  Run  Bridge. 

South  Meridian  St.  and  Pleasant  Run  Bridge. 

W.  Michigan  St.  Eagle  Creek  Bridge. 

Pleasant  Run  and  Beecher  St.  Bridge. 

Pleasant  Run  and  Barth  Avenue  Bridge. 

Pleasant  Run  and  Shelby  St.  Bridge. 

Pleasant  Run  and  Minnesota  St.  Bridge. 

Pleasant  Run  and  Spruce  Bridge. 

Pleasant  Run  and  Prospect  St.  Bridge. 

Pleasant  Run  and  Ritter  Ave.  Bridge. 

New  York  St.  River  Bridge. 

Kentucky  Avenue  and  Missouri  St.  Bridge. 

Section  3.  Any  enactment,  ordinance  or  resolution  contrary  to 
the  provisions  of  this  ordinance  is  hereby  repealed. 

Section  4.  This  ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

OTIS  E.  BARTHOLOMEW. 

Councilman. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Finance. 


INTRODUCTION  OF  MISCELLANEOUS  BUSINESS 
Mr.  Dorsett  presented  the  following  written  motion: 

Indianapolis,  Ind.,  August  26,  1926. 
Mr.  President: 

I    move    that    General    Ordinance    No.    64,    1926,    be    further 
amended  as  follows: 

By    changing   the    tax   levy    for    the    City    General    Fund    from 
$.565  to   $.56  on  each  $100.00   of  taxable  property. 

By  changing  the  tax  levy  for  the  Park  General  Fund  from  $.08 
to  $.07  on  each  $100.00  of  taxable  property. 

By  changing  the  tax  levy  for  the  Sanitation  Maintenance  Fund 
from  $.06  to  $.065  on  each  $100.00  of  taxable  property. 


310  journal  of  common  council  [Special  Meeting 


Making  a  total  combined  City  Tax  Levy  of  $1.04  upon  each 
$100.00  of  taxable  property,  as  follows: 

City   General  Fund    $  .56 

City    Sinking  Fund    .05 

Police  Pension  Fund .01 

Firemen    Pension    Fund    .01 

School  Health  Fund .015 

Park  General  Fund .07 

Park   District   Bonds    .055 

Recreation   Fund    .015 

Track    Elevation    .02 

Tuberculosis  Fund .005 

Sanitary  Bond  Fund .035 

Sanitation  Maintenance   Fund .065 

Board  of  Health  Fund .09 

Flood    Prevention   Fund .015 

Street   Resurfacing    .02 

Thoroughfare  Plan  Fund .005 

$1.04 
WALTER  R.  DORSETT, 

Councilman. 

The  above  motion  was  seconded  by  Mr.  Bartholomew. 

Mr.  Albertson  raised  a  point  of  order  and  objected  to 
the  consideration  of  the  Budget  and  Tax  Levies  for  1927 
by  a  Special  Committee  instead  of  the  Finance  Com- 
mittee. 

Mr  Dorsett's  motion  was  passed  by  the  following  vote : 

Ayes,  5,  viz:  Messrs.  Bartholomew,  Dorsett,  Ferguson, 
Todd  and  President  Moore. 

Noes,  1,  viz :  Mr.  Albertson. 

Mr.  Bartholomew  presented  the  following  written 
motion: 

Indianapolis,  Ind.,  August  26,  1926. 
Mr.  President: 

I  move  that  the  Clerk  be  instructed  to  have  printed  in  the  pro- 
ceedings of  this  meeting  the  complete  official  opinion  given  by  the 
Supreme  Court  of  the  State  of  Indiana  on  July  26,  1926,  in  the  mat- 
ter of  determining  the  legal  right  of  the  Common  Council  to  increase 
the  sanitation  levy  above  the  rate  recommended  by  the  Mayor  and 
City  Comptroller. 

OTIS  E.  BARTHOLOMEW, 

Councilman. 

The   above  motion  was  seconded  by  Dr.   Todd   and 


August  26,  1926]  city  of  Indianapolis,  ind.  311 

passed  by  the  following  vote : 

Ayes,  5,  viz. :  Messrs.  Bartholomew,  Dorsett,  Fer- 
guson, Todd  and  President  Moore. 

Noes,  1,  viz.:  Mr.  Albertson. 

Mr.  Ferguson  presented  the  following  written  motion : 

Indianapolis,  Ind.,  August  26,  1926. 

Mr.  President: 

I  move  that  this  Council  hereby  approve  and  confirm  the  action 
of  our  clerk  in  publishing  the  proposed  city  tax  levies  and  proposed 
1927  budget  in  two  papers  of  opposite  political  faith  under  date  of 
August  23,  1926,  and  wherein  notice  was  given  of  the  intention  of 
this  Common  Council  to  hold  a  public  hearing  on  said  tax  levies  and 
budget  on  the  3rd  day  of  September,  1926,  at  9:00  a.  m. 

M.   W.  FERGUSON, 

Councilman. 
The  above  motion  was  seconded  by  Mr.  Bartholomew 
and  passed  unanimously  by  the  Council. 
THE  STATE  OF  INDIANA, 

IN  THE  SUPREME  COURT,  MAY  TERM,  1926. 
On  the  26th  day  of  July,  1926,  being  the  56th  Judicial  day  of 
said  May  Term,  1926. 

No.   25123  Hon.  David  A.  Myers,  Chief  Justice. 

Hon.  Willard  B.  Gemmill, 
Hon.  Julius  C.  Travis, 
Hon.  Benjamin  M.  Willoughby, 
Hon.  Louis  B.  Ewbank, 

Associate   Judges. 
IN  THE   CASE  OF 
State  Board  of  Tax  Commissioners 
of  the  State  of  Indiana,  etc. 

-vs- 
State  of  Indiana,  ex  rel. 
City  of  Indianapolis,  etc.,  et  al 

APPEALED   FROM    THE 
MARION  SUPERIOR 
COURT 
Come  the  parties  by  their  attorneys,  and  the  Court  being  suf- 
ficiently advised  in  the  premises,  gives  its  opinion  and  judgment  as 
follows,  pronounced  by 
Gemmill,  J. 

The  appellee  brought  this  suit  to  mandate  the  State  Board  of 
Tax  Commissioners  of  the  State  of  Indiana  and  its  members  to  per- 
form the  official  act  of  certifying  to  the  auditor  of  Marion  County  its 
affirmance  of  a  tax  levy  of  $.065  on  each  $100.00  of  taxables  in  the 
Sanitary  District  of  Indianapolis  for  the  use  of  said  District  and  the 
Board  of  Sanitary  Commissioners  thereof,  or  to  pass  on  the  merits 
raised  by  remonstrances  to  said  levy  and  determine  a  proper  levy 


312  journal  of  common  council  [Special  Meeting 


for  said  district  for  the  year,  1925.  Appellants  filed  a  demurrer  to 
the  complaint,  which  was  overruled.  They  refused  to  plead  further 
and  elected  to  stand  on  the  court's  ruling  on  the  demurrer.  Judg- 
ment was  then  entered  by  the  court  against  the  appellants.  By  the 
judgment,  the  state  board  of  tax  commissioners  and  its  members 
were  ordered  to  perform  the  official  duty  imposed  upon  them  by  law 
and  to  pass  upon  the  merits  of  the  rate  and  levy  of  $.065  on  each 
$100.00  of  taxables  within  the  limits  of  the  Sanitary  District  of 
Indianapolis,  established  and  levied,  as  the  rate  of  taxation  for  taxes 
for  1925,  payable  in  1926,  for  sanitary  maintenance  and  general  ex- 
pense fund,  and  either  to  affirm  or  decrease  said  rate  and  levy  after 
passing  upon  the  merits  thereof. 

The  complaint,  in  which  said  sanitary  district  of  Indianapolis 
and  said  board  of  sanitary  commissioners  are  referred  to  as  relator, 
alleges  that  the  relator  exists  and  for  several  years  last  past  has 
existed  under  and  by  virtue  of  an  act  of  the  General  Assembly  of 
Indiana,  approved  March  9,  1917,  and  acts  amendatory  thereof  and 
supplemental  thereto ;  that  at  the  proper  and  legal  time  in  the  year 
1925,  the  relator  prepared  in  the  proper  and  approved  form,  its 
budget  itemizing  the  expenses  which  relator  estimated  it  would  be 
required  to  make  in  order  to  perform  in  the  year  1926,  the  duties 
imposed  by  law  upon  it;  that  after  relator  had  prepared  said  budget, 
the  mayor  and  city  controller  of  the  city  of  Indianapolis  attempted 
to  reduce  the  total  sum  named  by  relator  of  $501,735  to  $423,500 
and  further  attempted  to  reduce  said  sum  of  $23,500  by  $75,000, 
which  they  estimated  was  the  amount  of  revenue  from  its  operations 
which  relator  would  receive  during  1926;  that  the  mayor  and  con- 
troller purported  to  "allow"  relator,  in  order  to  produce  said  fund  a 
levy  of  $.055  on  each  $100.00  of  taxables  in  relator's  said  sanitary 
district;  that  a  notice  to  taxpayers  of  tax  levy  for  sanitation  pur- 
poses was  duly  published  over  the  names  of  the  mayor,  the  city 
controller  and  the  president  of  the  common  council,  in  which  it  was 
stated  that  the  proposed  rate  of  taxation  for  sanitation  maintenance 
purpose  was  $.055  on  each  $100.00  of  taxable  property  in  the  city 
of  Indianapolis,  and  that  a  public  hearing  would  be  held  in  the  coun- 
cil chamber  of  the  city  hall  in  the  city  of  Indianapolis  on  the  7th  day 
of  September,  1925,  on  the  proposed  budget  for  the  succeeding  year 
and  the  rate  of  taxation  to  be  established  for  said  department;  that 
after  the  publication  of  said  notice  and  after  said  public  hearing  had 
been  held,  the  common  council  of  the  city  of  Indianapolis,  on  Sep- 
tember 7,  1925,  duly  and  regularly  adopted  its  levy  ordinance  and 
that  said  ordinance  fixed  and  established  $.065  on  each  $100.00  of 
taxables  in  that  part  of  relator's  said  sanitary  district  within  the 
limits  of  said  city,  as  the  rate  of  taxation  established  and  levied  for 
taxes  for  1925,  payable  in  1926,  for  relator's  said  sanitary  main- 
tenance and  general  expense  fund;  that  thereafter  the  mayor  vetoed 
that  part  of  said  levy  ordinance  fixing  said  rate  at  $.065,  and  there- 
after said  common  council  duly  and  regularly  adopted  and  passed 
over  the  mayor's  said  veto  that  part  of  said  levy  ordinance  vetoed 
by  him;  that  thereupon  the  common  council  reported  said  levy  and 
rate  of  $.065  to  the  county  auditor  of  Marion  county  and  the  latter 
reported  same  to  the  state  board  of  tax  commissioners;  that  there- 
after two  petitions,  each  signed  by  ten  or  more  qualified  taxpayers 
were  filed  with  said  county  auditor  and  by  him  certified  to  the  state 
board  of  tax  commissioners  objecting  to  said  levy  and  rate  of  $.065 


August  26,  1926]  city  of  Indianapolis,  ind.  313 


for  the  reason  that  said  levy  and  rate  "is  more  than  government 
economically  administered  warrants;"  that  notice  was  given  as  to 
hearing  on  said  remonstrances  and  same  was  duly  held  on  October 
6,  1925;  that  thereafter  the  state  board  of  tax  commissioners  issued 
an  order  in  the  matter  of  said  petitions  in  which  it  was  stated  that 
an  order  in  the  matter  of  said  petitions  in  which  it  was  stated  that 
the  Board  found  that  $.055  was  the  rate  of  levy  published  for  the 
sanitary  district  of  the  city  of  Indianapolis  and  that  said  rate  should 
stand  without  change,  and  it  was  ordered  that  the  tax  levy  for  said 
department  of  sanitation  for  said  city  for  the  year  1925,  be  and  re- 
main at  $.055  to  be  levied  upon  each  $100.00  of  taxable  property  in 
the  taxing  unit  affected  by  said  levy;  that  said  order  was  by  said 
state  board  certified  to  the  auditor  of  Marion  County;  and  that  the 
state  board  has  failed  to  perform  the  duty  imposed  upon  it  by 
law,  viz:  to  pass  upon  said  levy  of  $.065  on  the  merits;  and  that  said 
levy  so  made  and  established  by  the  common  council  was  and  is  in  all 
respects  l^al  and  valid. 

It  is  claimed  by  the  appellants  that  the  department  of  public 
sanitation  of  Indianapolis  is  a  department  of  the  city  government; 
that  the  levy  of  taxes  for  that  department  can  only  be  made  by  the 
city  officers  after  the  formation  and  publication  by  them  of  a  budget, 
showing  in  detail  the  money  proposed  to  be  expended  during  the  suc- 
ceeding year,  the  valuation  of  all  taxable  property  within  the  juris- 
diction, the  rate  of  taxation  proposed  to  be  established  and  only 
after  a  public  hearing  at  which  taxpayers  may  be  heard;  that  no  rate 
of  taxation  can  be  levied  by  city  officials  in  excess  of  that  stated  in 
•the  notice  as  the  proposed  rate;  and  that  the  state  board  of  tax  com- 
missioners did  pass  on  the  merits  of  the  question  raised  by  the  re- 
monstrances and  such  action  of  the  Board  is  final. 

The  department  of  public  sanitation  of  cities  of  the  first  class 
was  established  by  the  general  asembly  in  1917.  This  department 
was  created  in  addition  to  the  executive  departments  of  cities  of  that 
class  Acts  1917,  p.  573;  Burns'  1926,  Sec.  10577.  In  said  act  it  was 
provided  that  a  sanitary  district  was  to  consist  of  all  the  territory  in- 
cluded within  the  corporate  limits  of  any  city  of  the  first  class  and  all 
the  territory  of  any  incorporated  town  lying  within  the  boundaries 
of  said  city.  The  sanitary  district  under  consideration  consists  of  all 
the  territory  within  the  corporate  limits  of  the  City  of  Indianapolis 
and  all  the  territory  of  the  incorporated  town  of  Woodruff  Place. 
The  sanitary  district  Act  of  1917,  in  Sec.  21,  sated  how  revenue  for 
its  support  should  be  raised  and  provided  that  a  tax  of  $.02  on  each 
$100.00  of  taxable  property  should  be  levied  annually  by  the  com- 
mon council  of  said  city  and  by  the  board  of  trustees  of  said  town, 
respectively,  for  general  expenses,  operation,  maintenance  and  re- 
pairs. Said  section  was  amended  by  the  legislature  of  1921  and  a 
tax  of  not  exceeding  $.04  on  each  $100.00  of  taxable  property  was 
provided  for.  Acts  1921,  p.  315.  And  the  amended  section  was 
amended  in  1923,.  same  now  stating  that  a  tax  of  not  exceeding  $.08 
on  each  $100.00  of  taxable  property  in  such  city  of  the  first  class 
and  in  such  incoproated  town  located  within  the  boundaries  thereof 
shall  be  levied  annually  by  the  common  council  of  said  city  and  by 
the  board  of  trustees  of  said  town  respectively,  for  sanitary  pur- 
poses. Acts  1923,  p.  386;  Burns'  1926,  Sec.  10597.  In  Sec.  24  of 
said  sanitation  .department  act,  it  is  said:  "No  appropriation  in 
any  form  shall  be  necessary,  but  all  funds  arising  under  the  provis- 


314  journal  of  common  council  f Special   Meeting 

ions  hereof  shall  be  deemed  appropriated  to  the  respective  purposes 
herein  named."     Burns'  1926.     Sec.  10600. 

In  the  Act  of  1905  concerning  municipal  corporations,  (Acts 
1905,  p.  219),  in  Sec.  200  thereof,  as  amended  in  1911,  it  is  provided 
that  the  common  council  shall  levy  a  tax  upon  the  property  and  polls 
shown  in  certificate  issued  to  it,  as  may  be  deemed  necessary  by  such 
council  to  supply  the  needs  of  such  city  during  the  ensuing  year  for 
city  purposes  for  which  taxes  may  be  porperly  levied.  Burns'  1926, 
Sec.  10956. 

It  is  insisted  by  appellants  and  denied  by  appellee  that  chapter 
84  of  said  Act  of  1905,  concerning  municipal  corporations,  (Burns' 
1914,  Sec.  8686,  Burns'  1926,  Sec.  10306),  applies  to  the  department 
of  public  sanitation  of  the  city  of  Indianapolis.  This  section  contains 
the  following  specific  provisions: — It  shall  be  the  duty  of  each  exe- 
cutive department  before  the  commencement  of  each  fiscal  year  to 
submit  to  the  joint  meeting  of  the  heads  of  the  departments,  an  es- 
timate of  the  amount  of  money  required  for  their  respective  depart- 
ments for  the  ensuing  fiscal  year.  After  such  meeting,  reports  and 
consultations,  the  city  controller  shall  proceed  to  revise  such  esti- 
mates and  shall  then  prepare  a  report  to  the  mayor  of  the  various 
estimated  amounts  required  in  such  controller's  opinion  for  each  ex- 
ecutive department  together  with  an  estimate  of  the  necessary  per 
cent,  of  taxes  to  be  levied.  The  mayor  shall,  at  the  next  meeting  of 
the  common  council,  present  such  report  with  such  recommendations 
as  he  may  see  fit.  It  shall  be  the  duty  of  the  committee  of  finance  of 
the  common  council  thereupon  to  prepare  an  ordinance  fixing  the  rate 
of  taxation  for  ensuing  year,  and  also  an  ordinance  making  approp- 
riations by  items  for  the  use  of  the  various  executive  departments. 
As  it  is  not  required  to  appropriate  funds  for  the  use  of  the  depart- 
ment of  public  sanitation,  an  appropriation  ordinance  for  it  is  not 
necessary. 

The  budget  law,  as  enacted  in  1921,  same  being  Sec.  200  of  the 
Tax  Law  (Burns'  1926,  Sec.  14239),  provides  that  the  several  tax 
levies  shall  be  established  by  the  proper  legal  officers  of  any  munici- 
pal corporation  after  the  formation  and  publication  by  them  of  a 
budget  showing  in  detail  the  money  proposed  to  be  expended  during 
the  succeeding  year,  the  valuation  of  all  taxable  property  within  the 
jurisdiction  and  the  rate  of  taxation  it  is  proposed  to  establish,  and 
after  a  public  hearing  within  the  jurisdiction  at  which  any  taxpayer 
shall  have  a  right  to  be  heard  thereon. 

When  the  department  of  public  sanitation  was  added  to  the 
existing  executive  departments  of  the  city  of  Indianapolis  in  1917, 
that  department  came  under  all  the  general  taxing  laws  for  depart- 
ments of  cities  of  the  first  class,  except  where  the  act  under  which  it 
was  created  provided  otherwise.  When  established,  its  tax  rate  for 
general  purposes  and  maintenance  was  a  fixed  amount.  Later  the 
Legislature  twice  changed  and  increased  the  rate  so  as  not  to  exceed 
a  certain  number  of  cents  for  each  $100.00  of  taxable  property. 
After  the  act  was  first  amended  in  that  particular,  the  tax  rate  for 
that  department  could  only  be  determined  by  the  proper  officers  in 
the  same  manner  that  tax  rates  were  fixed  for  other  executive  de- 
partments. There  is  no  merit  to  the  contention  that  the  Sanitary 
District  is  a  separate  entity — a  distinct  municipality. 

In   1925   the   sanitary  district   of  Indianapolis   prepared   in  the 


August  26,  1926]  city  of  Indianapolis,  ind.  315 


proper  and  approved  form,  its  budget  for  a  sanitary  maintenance 
and  general  expense  fund,  itemizing  the  expenses  which  it  would 
be  required  to  make  in  order  to  perform  its  duties,  in  the  year  1926. 
The  "Notice  to  Taxpayers  of  Tax  Levies"  was  duly  given.  The  part 
of  same  pertaining  to  the  department  of  public  sanitation  was  as 
follows: 

"The  proposed  budget,  the  valuation  of  all  taxable  property 
within  the  city  of  Indianapolis,  Ind.,  and  the  sanitation  district  of 
the  city  of  Indianapolis,  Ind.,  and  the  proposed  rate  of  taxation  for 
such  purposes  are  as  follows: 

FOR  SANITATION  PURPOSES 

Administration    $   24,100.00 

Ash  and  garbage  collection 274,255.60 

Sewage  disposal  plant       175,000.00 

Night  soil  plant  and  incinerator  _. 10,380.00 

Improvement,  maintenance  of  lands  and  roads        3,000.00 
Garbage  reduction  plant 15,000.00 

Total  as  asked  for  by  sanitation  board $501,735.00 

Total  as  allowed   by   Mayor*    $423,500.00 

*In  explanation  to  total  allowed  by  Mayor: 

The  levy  of  $.055  for  the  sanitation  department  as  allowed  by 
the  mayor,  figured  on  an  approximate  valuation  of  $652,000,000.00, 
($652,000,000.00)  would  bring  the  department  of  sanitation  ap- 
proximately   .  ....  ___.     $358,500.00 

Estimate  of  revenue  received  by  sanitation  department       75,000.00 

Department  would  receive  for  1926 $423,500.00 

The  proposed  rate  of  taxation  for  the  sanitation  maintenance 
purpose  is  five  mills  ($.055)  on  each  $100  of  taxable  property  in  the 
city  of  Indianapolis  and  sanitation  district  of  Indianapolis,  Ind. 

Also  desire  to  state  that  a  tax  levy  of  four  cents  ($.04)  is  al- 
lowed the  sanitation  department  for  sanitation  bond  fund  for  sink- 
ing fund  purposes  to  take  care  of  the  principal  and  interest  falling 
due  on  sanitation  district  bonds  during  the  year  1926  of  $238,070." 
In  same,  the  following  statements  will  be  noted :  "Total  as  al- 
lowed by  mayor"  and  "The  levy  of  $.055  for  the  sanitation  depart- 
ment as  allowed  by  the  mayor."  The  mayor  has  not  authority  to  "al- 
low" anything  in  this  matter,  but  by  Sec.  84  of  the  Act  of  1905,  con- 
cerning municipal  corporations,  sometimes  called  the  City  Charter 
Act.  a  duty  was  placed  upon  him,  stated  as  follows:  "The  mayor 
shall,  at  the  next  meeting  of  the  common  council  present  such  re- 
port (the  controller's),  with  such  recommendations  as  he  may  see 
fit."  By  "allowed"  as  used  in  the  published  notice  was  doubtless 
meant  "recommended."  It  is  not  provided  that  the  recommenda- 
tion of  the  mayor  as  to  the  rate  of  taxation  had  to  be  accepted  either 
by  the  finance  committee  of  the  common  council,  whose  duty  it  is 
to  prepare  an  ordinance  fixing  the  rate,  or  by  the  common  council, 
which  has  th^  duty  and  responsibility  of  finally  acting  upon  the  or- 
dinance. If  vhe  mayor's  recommendation  had  to  be  followed,  then 
the  common  council  in  passing  the  ordinance  and  establishing  the 
rate  would  have  no  power  in  regard  thereto  except  to  follow  a  recom- 
mendation with  which  its  members  might  not  agree.     After  an  or- 


316  journal  of  common  council  [  Special  Meeting 


dinance  levying-  a  tax  has  been  passed  by  the  common  council,  the 
mayor  can  disopprove  same,  and  it  does  not  become  law  and  oper- 
ative unless  passed  over  his  veto  by  the  common  council  by  a  two- 
thirds  vote.  Acts  1905,  p.  236,  Sec.  80,  Burns'  1926,  Sec.  10295. 
If  the  mayor's  recommendation  had  to  be  adopted  by  the  common 
council,  then  it  would  not  have  been  necessary  for  the  legislature 
to  have  given  him  the  power  to  disapprove  ordinances  levying  taxes. 
In  establishing  a  tax  rate  for  a  city  and  its  departments,  it  is  the 
duty  of  the  mayor  to  make  his  recommendation  in  regard  to  same 
before  the  ordinance  is  enacted,  and  after  that  is  done  he  has  the 
power  to  disapprove  same,  but  final  action  in  passing  the  ordinance 
rests  with  the  common  council. 

The  budget  law  provides,  among  other  things,  that  the  notice 
published  shall  show  in  detail  the  money  proposed  to  be  expended 
during  the  succeeding  year.  In  the  notice  published  as  to  tax  levy 
for  the  public  sanitation  department,  the  total  amount  which  the 
mayor  desired  to  recommend  is  stated,  but  the  different  items  are  not 
set  out,  so  taxpayers  could  not  have  learned  from  the  notice  how 
the  money  to  be  raised  by  taxation  was  to  be  used  if  the  Mayor's 
recommendation  has  been  accepted.  This  notice,  in  accordance  with 
the  statute,  provided  that  at  a  certain  place  and  time,  a  public  hear- 
ing would  be  held  on  the  proposed  budget  and  on  the  proposed  rate 
of  taxation  for  the  succeeding  year.  And  at  the  public  hearing,  ANY 
taxpayer  had  a  right  to  be  heard  on  these  subjects.  This  statutory 
right  to  be  heard,  given  ANY  taxpayer,  is  not  restricted  to  taxpayers 
in  favor  of  the  proposed  rate,  as  published,  or  of  a  lower  rate,  but 
would  include  those,  if  any,  desiring  a  higher  rate.  The  rate  pro- 
posed, recommended  by  the  mayor,  was  offered  to  taxpayers  for  con- 
sideration and  discussion,  and  was  presented  to  the  common  council 
for  acceptance  if  it  desired  to  adopt  same  after  the  recommendation 
and  public  hearing.  The  common  council  is  not  required  to  follow 
suggestions  of  taxpayers  made  at  the  public  hearing.  In  fact,  these 
suggestions  might  be  so  different  that  it  would  be  impossible  to  rec- 
oncile and  follow  same.  After  the  common  council  has  passed  an 
ordinance  fixing  the  tax  levy,  taxpayers  who  feel  agrieved  have  an 
opportunity  to  be  heard  by  appealing  to  the  state  board  of  tax  com- 
missioners as  was  done  in  regard  to  the  tax  levy  under  consideration 
by  two  groups  of  taxpayers.  Rule  9  of  the  state  board  of  tax  com- 
missioners for  the  year  1925,  gives  the  following  reasons  for  objec- 
tions, on  appeal:  That  the  amount  to  be  collected  on  the  levies  adopt- 
ed by  the  tax  levying  officers  is  more  than  government  economically 
administered  warrants  or  that  any  item  in  such  levy  will  raise  more 
money  than  the  public  needs  require.  The  remonstrators  objected 
for  the  first  of  said  causes. 

The  state  board,  after  the  hearing  on  the  petitions  filed  by 
taxpayers,  issued  an  order  thereon,  part  of  which  is  as  follows:  "And 
after  hearing  the  evidence  and  arguments  and  being  fully  advised 
in  the  premises  this  Board  finds  that  $0.55  was  the  rate  of  levy  pub- 
lised  for  that  department  and  that  said  rate  shall  stand  without 
change.  It  is  therefore  ordered  that  the  tax  levy  for  the  Depart- 
ment of  Sanitation  of  the  City  of  Indianapolis  for  the  year  1925  be 
and  remain  at  $.055  to  be  levied  upon  each  one  hundred  dollars  of 
taxable  property  in  the  taxing  unit  effected  by  said  tax  levy." 

It  is  alleged  in  the  complaint  that  the  state  board  of  tax  Com- 
missioners has  failed  to  perform  the  duty  imposed  upon  it  by  law 


August  26,  1926]  city  of  Indianapolis,  ind.  317 


in  that  it  has  failed  and  refused  after  hearing-  on  said  petitions  to  pass 
upon  said  rate  and  levy  of  $.065  on  the  merits.  The  reply  brief  of 
appellants  states:  "The  demurrer  admits  that  the  board  did  not  con- 
sider a  $.065  rate,  but  the  obvious  reason  is  that  it  had  no  power  to 
consider  any  rate  in  excess  of  $.055."  The  proposed  rate,  named  in 
the  published  notice,  was  never  adopted  by  the  common  council,  and 
it  had  the  authority  to  establish  the  rate  provided  for  in  the  ordinance 
which  it  passed.  The  only  rate  which  it  fixed  was  that  of  $.065.  The 
objection  to  this  rate  that  it  is  more  than  government  economically 
administered  warrants,  has  not  been  acted  upon  by  the  state  board 
as  shown  by  its  said  admission  in  its  reply  brief.  It  cannot  be  agreed 
that  all  the  allegations  of  the  complaint  are  true,  yet  it  states  facts 
sufficient  to  constitute  a  cause  of  action  against  the  appellants.  The 
court  did  not  err  in  overruling  the  demurrer. 
The  judgment  is  affirmed. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Bartholo- 
mew, the  Common  Council  of  the  City  of  Indianapolis 


adjourned  at  7:55  o'clock  p.  m. 


Attest 


President. 


>^LUt^a^i  U ,  /CU^^j^u. 


City  Clerk. 


September  4,  1926]  city  of  Indianapolis,  ind.  319 


REGULAR  MEETING 

Saturday  ,Septebmer  4,  1926,  1:30  p.  m. 
The  Common  Council  of  the  City  of  Indianapolis  met 
in  the  Council  Chamber,  Saturday,  September  4,  1926,  at 
1:30  p.  m.,  in  regular     session,     President     Boynton  J. 
Moore  in  the  chair. 

The  Clerk  called  the  roll: 

Present:  Hon.  Boynton  J.  Moore,  President,  and  six 
members,  viz. :  Walter  R.  Dorsett,  Otis  E.  Bartholomew, 
Millard  W.  Ferguson,  Austin  H.  Todd,  Robert  E.  Spring- 
steen and  O.  Ray  Albertson. 

Absent:     Edward  B.  Raub  and  Claude  E.  Negley. 

The  reading  of  the  journal  was  dispensed  with  on 
motion  of  Mr.  Barhtolomew,  seconded  by  Dr.  Todd. 

COMMUNICATIONS  FROM  THE  MAYOR. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  Appropriation  Ordinances 
Nos.   1  and  2. 

Yours  very  truly 

JOHN  L.  DUVALL, 

Mayor. 
REPORTS  FROM  CITY  OFFICERS. 

August  21,  1926. 

To  Mr.  William  A.  Boyce,  Jr.,   Clerk    of   the   Common    Council,    City  of 
Indianapolis. 

Dear  Sir — Attached  hereto  is  a  Special  Ordinance,  authorizing 
the  sale  of  the  South  half  of  lot  No.  24  of  Marion  Highlands  addi- 
tion,  (38th  and  Central  Ave.). 

We  are  asking  permission  from  the  Council  to  sell  the  above 
described  piece  of  real  estate  as  it  is  of  no  further  utility  or  benefit. 

Very  truly  yours, 

CLARENCE  MYERS, 
Secretary,  Board  of  Park  Commissioners. 

August  28,  1926. 
Gentlemen — I  have  been  requested  by  the  Board  of  Public 
Safety  to  submit  to  you  an  ordinance  transferring  and  reappropriat- 
ing  the  sum  of  One  Thousand  ($1,000.00)  Dollars  from  the  Board 
of  Public  Safety,  Fire  Department  Fund  No.  44,  General  Materials; 
and  Two  Thousand    ($2,000.00)    Dollars  from  the   Board   of  Public 


320  journal  of  common  council         [Regular  Meeting 


Safety,  Fire  Department  Fund  No.  72,  Equipment,  to  the  Board  of 
Public  Safety,  Fire  Department  Fund  No.  33,  Garage  and  Motor. 
I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

August   28,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requested  by  the  Board  of  Public 
Safety  to  submit  to  you  an  ordinance  transferring  and  reappropriat- 
ing  the  sum  of  One  Thousand  ($1,000.00)  Dollars  from  the  Board 
of  Public  Safty,  Police  Department  Fund  No.  26,  Other  Contractual, 
to  the  Board  of  Public  Safety,  Police  Department  Fund  No.  38, 
General  Supplies. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

August  28,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requested  by  the  Board  of  Public 
Safety  to  submit  to  you  an  ordinance  transferring  and  reappropriat- 
ing  the  sum  of  Eighty-two  Dollars  and  Twenty-live  Cents  ($82.25) 
from  the  Board  of  Public  Safety,  Gamewell  Division  Fund  No.  24, 
Printing  and  Advertising;  Three  Hundred  and  Fifty  Dollars 
($350.00)  from  the  Board  of  Public  Safety,  Gamewell  Division 
Fund  No.  44,  General  Materials;  Three  Hundred  and  Fifty  Dollars 
($350.00)  from  the  Board  of  Public  Safety,  Gamewell  Division 
Fund  No.  45,  Repairs,  to  the  Board  of  Public  Safety,  Gamewell 
Division  Fund  No.  33,  Garage  and  Motor. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

August   28,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requesteed  by  the  Board  of  Public 
Safety  to  submit  to  you  an  ordinance  transferring  the  sum  of  Two 
Hundred  and  Fifty  ($250.00)  Dollars  from  the  Board  of  Public 
Safety,  Building  Department  Fund  No.  24,  to  the  Board  of  Public 
Safety,  Building  Department  Fund  No.  36,  Office  Supplies. 
I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 


September  4,  1926]  city  of  Indianapolis,  ind.  321 


August   28,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requested  by  the  Board  of  Public 
Safety  to  submit  to  you  an  ordinance  transferring-  and  reappropriat- 
ing  the  sum  of  Two  Hundred  Sixty-six  ($266.70)  Dollars  and 
Seventy  Cents  from  the  Board  of  Public  Safety,  Fire  Prevention 
Department  Fund  No.  72,  to  the  Board  of  Public  Safety,  Fire  Pre- 
vention Department  Fund  No.  36   (Office  Supplies). 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

August   28,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requested  by  the  Board  of  Public 
Works  to  submit  to  you  a  General  Ordinance  transferring  the  sum 
of  Five  Hundred  ($5*00.00)  Dollars  from  Fund  No.  72  (Equipment) 
in  the  City  Civil  Engineer  Department  to  Fund  No.  36  (Office  Sup- 
plies)  in  the  City  Civil  Engineer  Department  all  under  the  Board  of 
Public  Works. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

August   28,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requested  by  the  Board  of  Public 
Works  to  submit  to  you  a  General  Ordinance  transferring  the  sum 
of  Thirty-five  Hundred  ($3,500.00)  Dollars  from  the  Board  of  Public 
Works,  Municipal  Garage  Fund  No.  33,  Garage  and  Motor,  and  re- 
appropriating  the  same  to  Board  of  Public  Works,  Municipal  Ga- 
rage Fund  No.   22,  Heat,  Light,  Power  and  Water. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

August   28,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  been  requested  by  the  Board  of  Public 
Works  to  submit  to  you  a  General  Ordinance  transferring  the  sum 
of  One  Thousand  ($1,000.00)  Dollars  from  the  Board  of  Public 
Works,  Municipal  Garage  Fund  No.  25,  Repairs,  and  reappropriating 


journal  of  common  council         [Regular  Meeting 


the  same  to  Board  of  Public  Works,  Municipal  Garage  Fund  No.  45, 
Repair  Parts. 

I  respectfully  recommend  the  passage  of  this  ordinance. 

Yours, 

W.  C.  BUSER, 

City  Controller. 

REPORTS  FROM   STANDING  COMMITTEES 

Indianapolis,  Indiana,   September   3,   1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Special  Committees  to  whom  were  referred 
Appropriation  Ordinance  No.  3,  1926,  containing  the  recommenda- 
tions of  the  Mayor  and  City  Controller  for  the  1927  Budget,  and 
General  Ordinance  No.  64,  containing  the  recommendations  of  the 
Mayor  and  City  Controller  for  the  1927  Tax  Levies,  beg  leave  to  re- 
port that  we  have  given  said  recommendations  very  careful  and 
thorough  consideration  and  herewith  submit  our  report  and  recom- 
mendations for  action  by  the  Council. 

TAX  LEVIES 

In  the  matter  of  tax  levies  your  committee  sees  fit  to  recom- 
mend a  total  City  rate  of  $1.04  on  each  $100.00  of  taxable  property. 
While  this  is  an  increase  of  one-half  cent  over  the  recommendation 
of  the  Mayor  a  ndCitv  Controller  yet  we  recommend  a  reduction  of 
three-fourth  cent  in  the  City  General  Fund  placing-  it  at  Fifty-siy 
cents  ($.56)  thereby  saving  approximately  $48,000  00  in  the  gen- 
eral expenses  of  the  City  government.  The  two  departments  allowed 
tax  levies  increases  are  one  cent  increase  for  the  Park  General 
Fund  and  one-fourth  cent  for  the  Recreation  Fund.  Your  commit- 
tee has  unanimously  decided  that  in  the  interests  of  the  Park  system 
and  Recreation  activities  of  our  City  that  the  rates  proposed  by  the 
Mayor  and  City  Controller  would  have  been  insufficient  to  have  per- 
mitted these  two  departments  to  operate  efficiently  and  to  the  same 
extent  as  they  are  now  doing.  We  do  not  believe  that  it  is  the 
desire  of  anv  great  number  of  Indianapolis  citizens  that  our  Park 
and  Recreation  departments  be  curtailed  in  any  of  their  numerous 
activities  which  all  react  to  the  benefit  of  our  citizens. 

CITY  BUDGET  -  VITY  GENERAL  FUND   $.56 

MAYOR'S  OFFCE — Your  committee  recommends  the  same  de- 
tailed allowance  for  the  maintenance  of  the  Mayor's  Office  as  sub- 
mitted by  the  Mayor. 

CITY  CLERK'S  OFFICE— In  the  City  Clerk's  Office  your  com- 
mittee recommends  an  increase  of  $300.00  to  the  salary  of  the  De- 
puty City  Clerk  which  is  now  known  as  "Stenographer."  The  City 
Clerk's  Office,  contrary  to  general  opinion,  is  one  of  the  few  self- 
supporting  departments  of  the  City.  During  the  first  eight  months 
of  this  year  the  total  of  $14,470.00  was  collected  and  turned  in  to 
the  general  fund  of  the  City  in  addition  to  the  other  activities  of  the 
office.      The    City   Clerk   is   entitled   by   law   to   deputies   as   well   as 


September  4,  19.26]  city  of  Indianapolis^  ind.  3Z3 


stenographers  but  the  in  both  capacities.     The  minimum  amount  es- 
tablished by  State  law  for  Deputy  City  Clerk  is  $1500.00. 

COMMON  COUNCIL — Your  committee  recommends  no  changes 
in  the  figures  for  the  Common  Council  as  submitted  by  the  Mayor. 

CITY  CONTROLLER — Your  committee  recommends  a  decrease 
of  $270.00  in  this  department.  A  few  minor  decreases  in  the  various 
units  of  the  office  are  also  recommended. 

PUBLIC  PURCHASE  DEPARTMENT— Your  committee  recom- 
mends no  changes  in  this  department. 

BARRETT  LAW  DIVISION — Your  committee  recommends  a  re- 
duction of  $250.00  in  the  item  of  Office  Supplies  in  this  department. 

CITY  PLAN  COMMISSION— The  State  law  authorizing  the  for- 
mation of  a  City  Plan  Department  sets  the  minimum  tax  levy  allow- 
rnce  for  this  department  at  three  mills  which  on  thb  present  valua- 
tion would  provide  rn  income  of  $19,541.20.  In  the  figures  for  this 
department  submitted  by  the  Mayor  and  City  Comptroller  they  recom- 
mend a  total  of  $16,375.00  which  is  $3,166.20  below  the  minimum 
amount  stipulated  by  statute.  Your  committee  thereafter  has  recom- 
mended the  minimum  amount  for  this  department. 

DEPARTMENT  OF  LAW — Your  committee  recommends  a  total 
decrease  of  $2190.00.  An  increase  of  $300.00  in  the  salary  of  Deputy 
Prosecutor  is  provided  for  in  our  recommendations.  We  feel  that 
this  is  more  than  justified  due  to  the  double  work  that  it  is  necessary 
for  this  individual  to  do  in  the  Municipal  Courts.  Your  committee 
does  not  recommend  an  additional  attorney  for  the  legal  department  at 
a  salary  of  $2400.00  as  recemmended  by  the  Mayor.  We  feel  that 
the  present  force  is  sufficient  to  carry  on  the  work  of  the  Legal  De- 
partment. 

BOARD  OF  WORKS— A  reduction  of  $500.00  is  recommended 
out  of  the  item  Communication  and  Transportation  for  the  Organiza- 
tion Unit,  Board  of  Public  Works  department. 

BOARD  OF  WORKS,  PUBLIC  BUILDINGS— A  reduction  of 
$960.00  is  ereemmended  in  this  department,  $1,000.00  off  of  the  re- 
cemmended amount  for  repairs  to  buildings  and  $200.00  from  general 
supplies  while  an  increase  of  $240.00  is  recommended  for  the  two 
City  Hall  elevator  operators. 

BOARD  OF  WORKS,  CITY  CIVIL  ENGINEER— A  total  de- 
crease of  $16,551.00  is  recommended  for  this  department  made  up 
as  follows:  $8,000.00  form  the  Mayor's  recommendation  for  Street 
and  Alley  materials  which  item  will  be  taken  care  of  out  of  the  1927 
Gasol'ne  Tax  fund;  $5,040.00  in  the  elimination  of  two  Senior  and 
two  Junior  Draftsmen.  In  1926  the  department  did  not  have  any 
draftsmen  at  this  rating  and  your  committee  is  allowing  this  depart- 
ment one  each.  An  elimination  of  one  regular  inspector,  two  laborers 
in  the  Street  Repair  department,  the  elimination  of  one  laborer  in  the 
Cement  Walk  and  Curb  department  effects  a  total  saving  of  $3,196.00. 
Your  committee  has  recommended  an  increase  of  $175.00  per  year  in 
the  salary  of  29  Junior  inspectors  which  we  feel  is  well  justified. 

BOARD  OF  WORKS,  ASSESSMENT  BUREAU— A  decrease  of 
$2,550.00  is  recommended  for  this  department;  $2400.00  by  eliminat- 
ing two  Junior  Clerks  leaving  four  Junior  clerks  in  the  Budget  which 


M4  journal  of  common  council  [Regular  Meeting 


is  the  same  as  the  department  had  this  year.  $100.00  off  of  the  Equip- 
ment and  $50.00  oft*  of  Communication  and  Transportation. 

MUNICIPAL  GARAGE— $1100.00  is  eliminated  from  the  total 
appropriation  recommended  for  this  department — $500.00  from  Garage 
and  Motor  supplies,  $500.00  from  Repair  parts  and  $100.00  from 
Equipment. 

STREET  COMMISSIONERS— A  total  of  $21,040.70  is  cut  from 
the  recommendations  of  the  Mayor  for  this  department.  The  largest 
c-ving  being  $9,000.00  by  eliminating  thirty  laborers  in  the  Street 
Cleaning  department  leaving  a  total  of  170  laborers  which  is  consider- 
able fmore  than  the  department  had  this  year.  $2,000.00  is  cut  from 
the  recommendations  of  the  Mayor  for  Street  and  Alley  materials  in 
this  department,  this  amount  still  being  more  than  the  department 
had  this  year.  $1320.00  by  eliminating  a  clerk  inspector  in  the  Street 
Commissioner's  Office  which  request  would  have  made  a  new  job. 
Several  additional  helpers,  truck  drivers,  etc.,  were  eliminated  when 
it  was  found  that  the  department  could  function  with  the  same  force 
that  it  had  this  yar. 

DEPARTMENT  OF  PUBLIC  SAFETY  -  ADMINISTRATIVE— 

An  increase  of  $1600.00  is  recommended  for  this  department  to  take 
cere  cf  the  salaries  of  the  police  and  fire  department  Surgeon  which 
were  not  included  in  the  Budget  as  recommended  by  the  Mayor.  Your 
committee  is  strongly  in  favor  of  continuing  the  activities  of  the  Sur- 
geon. It  does  not  believe  the  police  and  fire  departments  should  be 
hampered  by  his  elimination. 

DEPARTMENT  OF  PUBLIC  SAFETY  -  FIRE  DEPARTMENT— An 
increase  of  $19,932.50  is  recommended  for  this  department  over  the 
figures  as  submitted  by  the  Mayor  in  order  to  allow  sufficient  person- 
nel for  the  maintenance  of  all  present  fire  stations.  Your  committee 
has  interviewed  the  had  of  the  fire  department  as  well  as  the  members 
of  the  Board  of  Safety  and  concurred  in  their  recommendations  that 
it  would  be  a  serious  mistake  at  this  time  when  the  matter  of  insurance 
ratings  are  under  consideration  by  the  National  Board  of  Fire  Under- 
writers for  the  City  to  attempt  to  curtail  fire  protection  activities. 
In  the  fire  department  your  committee  has  followed  closely  the  recom- 
mendations of  the  fire  chief. 

DEPARTMENT  OF  PUBLIC  SAFETY  -  POLICE  DEPART- 
MENT— While  a  reduction  of  $27,728.75  is  recommended  from  the 
figures  submitted  by  the  Mayor  for  the  police  department  the  total 
personnel  is  reduced  only  four — the  biggest  reduction  being  in  the 
matter  of  the  equipment.  A  total  of  $24,000.00  is  cut  on  this  one 
item,  it  being  anticipated  by  the  Council  that  new  equipment  for  the 
police  department  would  be  secured  by  means  of  a  bond  issue.  Your 
committee  has  gone  very  carefully  in  the  matter  of  th|c  police  per- 
sonnel and  their  salaries  and  has  followed  closely  the  recommendations 
of  the  Chief.  Your  committee  has  decided  unanimously  that  there 
could  be  no  reduction  in  the  salaries  of  our  traffic  men,  therefore,  we 
have  recommended  a  total  of  147  first  grade  patrolmen  which  will  in- 
clude 70  traffic  men,  12  motorcycle  men,  50  motor  policemen,  12  wag- 
onmen  and  three  turnkeys.  Your  committee  feels  very  strongly  that 
the  services  these  men  give  the  City  does  not  warrant  a  decrease  in 
pay  at  this  time.  The  elimination  of  the  three  Inspectorships  and  the 
rating  of  the  executive  heads  in  military  fashion,  as  provided  in  our 


September  4,  1926]  city  of  Indianapolis,  ind.  325 


recommendation,  will,  we  are  informed  by  the  Chief,  give  him  better 
control  ovter  the  department  and  make  for  greater  harmony  by  all 
concerned. 

GAMEWELL  DIVISION — The  only  change  recommended  in  this 
department  is  the  elimination  of  one  assistant  foreman  at  $2,182.50 
which  was  not  requested  by  the  head  of  the  department. 

WEIGHTS  AND  MEASURES  DEPARTMENT— No  change. 

DOG  POUND— No  change. 

MARKET  HOUSE — Your  committee  has  seen  fit  to  recommend 
a  reduction  of  $4500.00  from  the  $5,000.00  amount  recommended  by 
the  Mayor  for  repairs  to  the  City  Market  building.  Your  committee 
believes  the  expenditure  of  this  sum  on  a  building  as  old  as  the  pres- 
ent structure  would  be  false  economy. 

BUILDING  DEPARTMENT — An  increase  of  $6,870.00  is  recom- 
mended in  the  building  department  over  the  figures  submitted  by  the 
Mayor.  This  increase  is  due  to  a  decision  of  your  committee  to  fol- 
low the  present  City  Code  in  the  matter  of  salaries  for  the  personnel 
of  this  department.  The  building  department  is  on  a  self -sustaining 
basis  and  your  committee  feels  that  it  would  be  violating  the  spirit  as 
well  as  the  letter  of  the  City  Code  not  to  allow  the  salaries  as  pro- 
vided by  City  Law. 

ESTIMATED  VALUATION   $653,000,000.00 

Mayor's  Figures  Council's  Figures 

Tax  Levy  of  $.5675 $3,705,775.00  .56  =  $3,656,800  00 

Est  mated  License  and  Fees  ___  500,000.00  500,000.00 
Estimated  Revenues  from 

Poll   Tax 30,000.00  30,000.00 


Total    Revenues    $4,235,775.00  $4,186,800.00 

Total  of  General  Fund  Expenses:  $4,249,461.00  $4,200,519.25 

Less : 

Flood  Prevention  $10,000.00 

Police  and  Fire 

Forfeitures    4,000.00  14,000.00  14,000.00 


General  Fund  Net  Expense  $4,235,461.00  $4,186,519.25 

Total  Revenues $4,235,775.00  $4,186,800.00 

Net    Expenses    4,235,461.00  4,186,519.25 

BALANCE $  314.00  $  280.75 

Your  committee  has  given  a  great  real  of  time,  thought  and  study 
to  its  recommendations  and  it  wishes  to  state  emphatically  that  it  was 
not  ruled  by  personal  jealousies  nor  a  desire  to  handicap  or  curtail 
the  activities  of  any  City  department.  However,  we  were  reliably 
informed  that  after  the  estimates  were  submitted  by  the  various  de- 
partments the  City  Comptroller  did  not  see  fit  to  call  in  the  heads  of 
those  departments  before  making  his  recommendations  to  the  Mayor 
and  likewise  the  Mayor  to  the  Council  but  on  the  other  hand  consulted 


326  JOURNAL  OF  COMMON  COUNCIL  [Regular   Meeting 


outside  sources  who  were  not  familiar  with  the  intricate  activities  of 
the  City  government.  Your  committee,  however,  in  considering  the 
Budget  has  at  all  times  been  in  close  touch  with  the  executive  heads 
of  the  City  departments  and  has  done  what  it  believes  to  be  the  best 
thing  for  everyone  concerned  including  the  taxpayers  of  the  City 
whose  interests  have  been  kept  in  mind  at  all  times. 

Respectively  submitted, 

OTIS  E.  BARTHOLOMEW,  Chairman 
AUSTIN  H.  TODD 
MILLARD   W.   FERGUSON 
WALTER  R.  DORSETT 
O.  RAY  ALBERTSON. 

Indianapolis,  Ind.,  Sept.  4,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Special  Committee  to  whom  was  referr- 
ed General  Ordinance  No.  64,  1926,  setting  the  1927  Tax  Levies  at  a 
total  of  $1.04  on  the  $100.00  valuation,  beg  leave  to  report  that  we 
hav  had  said  ordinance  under  consideration,  and  recommend  that 
same  be  passed  as  now  amended. 

WALTER  R.  DORSETT,  Chairman 

AUSTIN  E.  TODD 

OTIS  E.  BARTHOLOMEW 

O.    RAY   ALBERTSON 

M.  W.  FERGUSON. 

Indianapolis,  Ind.,  Sept.  4,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Special  Committee  to  whom  was  referred 
Appropriation  Ordinance  No.  3,  1926,  setting  out  the  1927  City  Gen- 
eral Budget,  beg  leave  to  report  that  we  have  had  said  ordinance 
under  consideration,  and  recommend  that  the  same  be  passed  when 
amended  as  per  the  recommendations  of  your  Committee. 

OTIS  E.  BARTHOLOMEW,  Chairman 
AUSTIN  H.  TODD 
MILLARD   W.  FERGUSON 
WALTER  R.  DORSETT 
O.  RAY  ALBERTSON. 

Indianapolis,  Ind.,  Sept.  4,  1926, 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana?, 

Gentlemen — We,   your   Committee   on    City   Welfare,   to   whom 


September  4,  1926]       city    of    Indianapolis,    ind.  327 


was  referred  General  Ordinance  No.  62,  1926,  Amending  Zoning  Or- 
dinance, beg  leave  to  report  that  we  have  had  said  ordinance  under 
consideration,  and  recommend  that  the  same  be  passed. 

OTIS  E.  BARTHOLOMEW,  Chairman  ' 

WALTER  R.  DORSETT 

AUSTIN  H.  TODD 

ROBT.   E.    SPRINGSEEEN. 

Indianapolis,  Ind.,  Sept.  4,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana^ 

Gentlemen — We,  your  Special  Committee,  to  whom  was  re- 
ferred General  Ordinance  No.  61,  1926,  providing  for  a  Temporary 
Loan  of  $350,000.00,  beg  leave  to  report  that  we  have  had  said  ordi- 
nance under  consideration,  and  recommend  that  the  same  be  passed. 

M.  W.  FERGUSON,  Chairman 
WALTER  R.  DORSETT 
AUSTIN  H.  TODD 
OTIS    E.    BARTHOLOMEW. 

Indianapolis,  Ind.,  Sept.  4,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana's 

Gentlemen — We,  your  Special  Committee,  to  whom  was  re- 
ferred Appropriation  Ordinance  No.  4,  1926,  providing  for  Street  Re- 
pairs from  the  Gasoline  Tax  Fund,  beg  leave  to  report  that  we  have 
had  said  ordinance  under  consideration,  and  recommend  that  your 
Committee  be  given  more  time. 

Indianapolis,  Ind.,  Sept.  4,  1926. 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
■     City  of  Indianapolis,  Indianas 

Gentlemen — We,  your  Committee  on  Finance,  to  whom  was  re- 
ferred Approuriation  Ordinance  No.  5,  1926,  providing  for  Bridge 
Repairs  out  of  the  Gasoline  Tax  Fund,  beg  leave  to  report  that  we 
have  had  said  ordinance  under  consideration,  and  recommend  that 
the  same  be  given  more  time. 

INTRODUCTION  OF  GENERAL  AND  SPECIAL  ORDINANCES. 
By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  65,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  One  Thousand  ($1000.00) 
Dollars  from  Department  of  Public  Safety,  Fire  Department, 
Fund  No.  44,  General  Materials,  and  Two  Thousand  ($2000.00) 
Dollars  from  Department  of  Public  Safety,  Fire  Department 
Fund  No.  72,  Equipment,  and  reappropriating  the  same  to  De- 
partment   of    Public    Safety,    Fire    Department    Fund    No.    33, 


328  journal  of  common  council        [Regular  Meeting 

Garage  and  Motor,  and  fixing  a  time  when  the  same  shall  take 
effect. 

Be   il    Ordained   by    the   Common    Council   of   the    City   of  Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  One  Thousand  ($1000.00)  Dollars 
from  Department  of  Public  Safety,  Fire  Department  Fund  No.  44, 
General  Materials,  and  Two  Thousand  ($2000.00)  Dollars  from  De- 
partment of  Public  Safety,  Fire  Department  Fund  No.  72,  be  and 
the  same  is  hereby  now  transferred  and  ^appropriated  to  Depart- 
ment of  Public  Safety,  Fire  Department  Fund  No.  33,  Garage  and 
Motor. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the 
Finance  Committee : 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  66,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  One  Thousand  ($1000  00) 
Dollars  from  the  Department  of  Public  Safety,  Police  Depart- 
ment, Fund  No.  26,  Other  Contractual,  and  reappropriating  the 
same  to  Department  of  Public  Safety,  Police  Department,  Fund 
No.  38,  General  Supplies,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Be  It  Ordained   by  the   Common   Council   of    the    City    of    Indianapolis, 
Indianas 

Section  1.  That  the  sum  of  One  Thousand  $(1000.00)  Dollars 
be  and  the  same  is  hereby  now  transferred  and  reappropriated  from 
Department  of  Public  Safety,  Police  Department,  Fund  No.  26, 
Other  Contractual,  to  Department  of  Public  Safety,  Police  Depart- 
ment, Fund  No.  33,  General  Supplies. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the 
Finance  Committee : 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  67,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  Eighty-two  ($82.25)  Dol- 
lars and  Twenty-Fve  Cents,  from  the  Department  of  Public 
Safety,  Gamewell  Division,  Fund  No.  24,  Printing  and  Advertis- 
ing, Three  Hundred  and  Fifty  ($350.00)  Dollars  from  Depart- 
ment of  Public  Safety,  Gamewell  Division,  Fund  No.  44,  Gener- 


September  4,  1926]  city  of  Indianapolis,  ino.  329 


al  Materials,  Three  Hundred  and  Fifty  ($350.00)  Dollars  from 
Department  of  Public  Safety,  Gamewell  Division,  Fund  No.  45, 
Repairs,  and  reappropriating  the  same  to  Department  of  Pub- 
lic Safety,  Gamewell  Division,  Fund  No.  33,  Garage  and  Motor, 
and  fixing  a  time  when  the  same  shall  take  effect. 

Be    i'    Ordauud   by    the    Common    Council   of   the    City    of  Indianapolis, 

Indiana: 

Section  1.  That  the  sums  of  Eighty-Two  ($82.25)  Dollars  and 
Twenty-five  Cents  from  Department  of  Public  Safety,  Gamewell  Divi- 
sion, Fund  No.  24,  Printing  and  Advertising,  Three  Hundred  and 
Fifty  ($350.00)  Dollars  from  Department  of  Public  Safety,  Game- 
well  Division,  Fund  No.  44,  General  Materials,  and  the  sum  of  Three 
Hundred  and  Fifty  ($350.00)  Dollars  from  Department  of  Public 
Safety,  Gamewell  Division,  Fund  No.  45,  Repairs,  be  and  the  same  is 
hereby  transferred  and  reappropriated  to  Department  of  Public 
Safety,  Gamewell  Division,  Fund  No.  33,  Garage  and  Motor. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the 
Finance  Committee : 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  68,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  Two  Hundred  and  Fifty 
($250.00)  Dollars  in  the  Department  of  Public  Safety,  Building 
Department,  from  Fund  No.  24,  Printing  and  Advertising,  and 
reappropriating  the  same  to  the  Department  of  Public  Safety, 
Building  Department,  Fund  No.  36,  Office  Supplies,  and  fixing 
a  time  when  the  same  shall  take  effect. 

Be    it    Ordained    by    the    Common    Council    of    the    City    of   Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  Two  Hundred  and  Fifty  ($250.00) 
Dollars  be  and  the  same  is  now  hereby  transferred  and  reappropriat- 
ed from  Department  of  Public  Safety,  Building  Department,  Fund 
No.  24,  Printing  and  Advertising,  to  Department  of  Public  Safety, 
Building  Department,  Fund  No.  36,  Office  Supplies. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the 
Finance  Committee : 

By  the  City  Controller: 

GENERAL  ORDINANCE  NO.  69,  1926. 
AN  ORDINANCE,  Transferring  and  reappropriating  the  sum  of  Two 


330  journal  of  common  council         [Regular  Meetinj 


Hundred  Sixty-Six  Dollars  and  Seventy  Cents,  ($266.70)  in  the 
Board  of  Public  Safety,  Fire  Prevention,  Properties  Fund  No. 
7,  to  the  Board  of  Public  Safety,  Fire  Prevention,  Office  and 
Supplies  Fund  No.  36,  declaring  an  emergency  and  fixing  a  time 
when  the  same  shall  take  effect. 

Be    it    Ordained    by    the    Common    Council    of   the    City   of   Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  Two  Hundred  Sixty-Six  Dollars  and 
Seventy  Cents  ($266.70)  be  and  the  same  is  now  hereby  transferred 
from  the  Board  of  Public  Safety,  Fire  Prevention,  Properties  Fund 
No.  7,  and  reappropriated  to  the  Board  of  Public  Safety,  Fire  Pre- 
vention, Office  and  Supplies  Fund  No.  36. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the 
Finance  Committee : 


By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  70,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  Five  Hundred  ($500.00) 
Dollars  from  Fund  No.  72,  (Equipment)  in  the  City  Civil  En- 
gineer Department  to  Fund  No.  36,  (Office  Supplies)  in  the 
City  Civil  Engineer  Department  all  under  the  Board  of  Public 
Works  of  the  City  of  Indianapolis,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Be    it    Ordained   by    the   Common    Council   of   the   City   of  Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  Five  Hundred  ($500.00)  Dollars  be 
and  the  same  is  hereby  now  transferred  and  reappropriated  from 
Fund  No.  72,  (Equipment)  to  Fund  No.  36,  (Office  Supplies)  all  in 
the  City  Civil  Engineer  Department  under  the  Board  of  Public  Works 
of  the  City  of  Indianapolis. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the 
Finance  Committee: 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  71,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  Thirty-Five  Hundred 
($3500.00)  Dollars  from  the  Board  of  Public  Works,  Municipal 
Garage  Fund  No.  33,  Garage  and  Motor,  and  reappropriating 
the  same  to  Board  of  Public  Works,  Municipal  Garage  Fund  No. 


September  4,  1926]  city  of  Indianapolis,  ind.  331 


22,  Heat,  Light,  Power  and  Water,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Be    it    Ordained    by    the    Common    Council    of    the    City    of   Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  Thirty-Five  Hundred  ($3500.00) 
Dollars  be  and  the  same  is  now  hereby  transferred  and  reappropriat- 
ed  from  Board  of  Public  Works,  Municipal  Garage  Fund  No.  33, 
Garage  and  Motor,  to  Board  of  Public  Works,  Municipal  Garage 
Fund  No.  22,  Heat,  Light,  Power  and  Water. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the 
Finance  Committee : 

By  the  City  Controller : 

GENERAL  ORDINANCE  NO.  72,  1926. 

AN  ORDINANCE,  transferring  the  sum  of  One  Thousand  ($1000.00) 
Dollars  from  Board  of  Public  Works,  Municipal  Garage  Fund 
No.  25,  Repairs,  and  reappropriating  the  same  to  Board  of  Pub- 
lic Works,  Municipal  Garage  Fund  No.  45,  Repair  Parts,  and  fix- 
ing a  time  when  the  same  shall  take  effect. 

Be    it    Ordained    by    the    Common    Council   of    the    City    of  Indianapolis, 
Indiana: 

Section  1.  That  the  sum  of  One  Thousand  ($1000.00)  Dollars 
be  and  the  same  is  now  hereby  transferred  and  reappropriated  from 
the  Board  of  Public  Works,  Municipal  Garage  Fund  No.  25,  Repairs, 
to  Board  of  Public  Works,  Municipal  Garage  Fund  No.  45,  Repair 
Parts. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the 
Finance  Committee : 

By  the  Park  Commissioners : 

SPECIAL  ORDINANCE  NO.  4,  1926. 

AN  ORDINANCE,  authorizing  the  sale,  alienation  and  conveyance  of 
real  estate  by  the  Board  of  Park  Commissioners  of  the  Depart- 
ment of  Public  Parks,  of  the  City  of  Indianapolis,  and  fixing  a 
time  when  the  same  shall  take  effect. 

Be   it    Ordained    by    the    Common    Council    of    the    City    of  Indianapolis, 
Indiana: 

Section   1.      That  the   Board   of  Park   Commissioners  is  hereby 


332  journal  of  common  council         rReerular  Meeting 


authorized  to  sell,  alienate  and  convey  for  cash,  at  public  or  private 
sale,  for  not  less  than  the  appraised  value  which  value  is  to  be  here- 
inafter determined  by  appraisers  appointed  by  the  Judge  of  the 
Circuit  Court  of  Marion  County,  Indiana,  as  required  by  law,  of  the 
following  described  real  estate  in  Indianapolis,  Marion  County, 
Indiana  to-wit: 

The  South  half  of  Lot  No.  (24)  Twenty-four,  of  Marion 
Highlands,  an  addition  to  the  City  of  Indianapolis,  Indiana. 
That  said  real  estate  shall  be  sold  at  public  or  private  sale 
upon  such  notice  or  notices  as  the  Board  of  Park  Commis- 
sioners may  determine. 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage  and  approval  by  the  Mayor. 

Which  was  read  a  first  time  and  referred  to  the 
Finance  Committee : 

CALL  FOR  ORDINANCES  ON  SECOND  READING 

On  motion  of  Mr.  Albertson,  seconded  by  Mr.  Bar- 
tholomew, General  Ordinance  No.  64  was  ordered  en- 
grossed, read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  64  was  read  a  third  time  and 
passed  unanimously  by  the  Council. 

Mr.  Bartholomew  called  for  Appropriation  Ordinance 
No.  3  for  second  reading.    It  was  read  a  second  time. 

Mr.  Bartholomew  presented  the  following  written 
motion  to  amend  Appropriation  Ordinance  No.  3 : 

Indianapolis,  Ind.,  Sept.  4,  1926. 
Mr.  President: 

I  move  that  Appropriation  Ordinance  No.  3,  1926,  be  amended 
to  read  as  follows: 

APPROPRIATION  ORDINANCE  NO.  3,  1926. 

As  Amended 

AN  ORDINANCE,  APPROPRIATING  monies  for  the  purpose  of  de- 
fraying current  expenses  of  the  City  Government  of  the  City 
of  Indianapolis,  Indiana,  and  for  the  use  of  the  several  execu- 
tive departments  thereof,  for  the  fiscal  year,  beginning  January 
1st,  1927,  and  ending  December  31st,  1927,  including  all  out- 
standing claims  and  obligations  and  fixing  a  time  when  the 
same  shall  take  effect.  Repealing  all  General,  Special  Approp- 
riation and  other  Ordinances  in  any  manner  in  conflict. 

Be    it    Ordained    by    the    Common    Council    of    the    City    of   Indianapolis, 
Indiana: 

Section  1.      That  there  be  and  is  hereby  appropriated  out  of  the 


September  4,  1926]  city  of  Indianapolis,  ind.  333 


funds  of  the  City  of  Indianapolis,  Indiana,  for  the  purpose  of  de- 
fraying expenses  of  said  City  and  for  the  use  of  the  several  depart- 
ments thereof,  for  the  fiscal  year,  beginning"  January  1st,  1927,  and 
ending  December  31st,  1927,  including  all  outstanding  claims  and  ob- 
ligations existing  on  the  first  day  of  said  fiscal  year  for  the  follow- 
ing sums  of  money  for  the  different  departments  of  said  City  and 
for  the  several  purposes  are  hereinafter  set  forth : — 

ORGANIZATION  UNIT:  OFFICE  OF  MAYOR 
OFFICE  OF  MAYOR. 

1.  Services  -  Personal 

11.      Salaries  and  Wages,  Regular 

Mayor  @   $7,500.00      $      7,500.00 

Secretary   @    2,000.00  2,000.00 

2.  Service  -  Contractual 

21.      Communication  and  Transportation 

212    Postage    25.00 

214  Telegraph  and  Telephone 175.00  200.00 

25.     Repairs    : 25.00 

3.  Supplies 

36.     Office    200.00 

Total :  Office  of  Mayor $      9,925.00 

ORGANIZATION  UNIT:  CITY  CLERK 
OITY  CLERK. 

1.  Services  -  Personal 

11.      Salaries  and  Wages,  Regular 

1.  City  Clerk  @   $3,000.00      $     3,000.00 

1.  Deputy  City  Clerk 1,500.00  1,500.00 

2.  Service  -  Contractual 

21.     Communication  and  Transportation  275.00 

24.  Printing  and  Advertising 3,500.00 

25.  Repairs 350.00 

3.  Supplies 

36.     Office 300.00 

Total:  City  Clerk $      8,925.00 

ORGANIZATION  UNIT:  COMMON  COUNCIL 
COMMON  COUNCIL. 

1.      Services  -  Personal 

11.      Salaries  and  Wages,  Regular 

9  Councilmen  @  $    600.00      $      5,400.00 

1   Sergeant-at-arms  @   400.00  400.00 

1  Secretary  of  Committee 240.00  240.00 

3.      Supplies 

36.     Office 100.00 

Total:  Common  Council $      6,140.00 

DEPARTMENT:  FINANCE 

ORGANIZATION  UNIT:   CITY   CONTROLLER 

1.      Services  -  Personal 


334  journal  of  common  council         [Regular  Meeting 


11.      Salaries  and  Wages,  Regular 

Controller    $      4,000.00 

Deputy    Controller    2,500.00 

Bookkeeper 2,400.00 

License    Clerk    1,800.00 

Stenographers,  2  @ $1,200.00  2,400.00 

Sinking  Fund   Commissioners   2    @  100.00                200.00 

Ass't  Sec'y  Athletic  Commission 400.00 

Clerk  @  600.00                600.00 

Stenographer   @ 1,500.00  1,500.00 

2.  Service  -  Contractual 

21.      Communication  and  Transportation 

211.  Freight,  Express  and  Drayage  _$  10.00 

212.  Postage 300.00 

214.  Telephone  and  Telegraph 153.00 

216.  Tavelinig  Expenses 500.00 

Total  Item  No.  21  1 963.00 

24.  Printing  and  Advertising 500.00 

25.  Repairs 50.00 

3.  Supplies 

36.     Office    5,000.00 

5.  Current  Charges 

51.      Insurance  and  Premiums 1,250.00 

53.      Refunds,  Awards  and  Indemnities  _  200.00 

55.      Subscriptions  and  Dues 10.00 

6.  Current  Obligations 

61.  Interest    182,000.00 

62.  Grants  and  Subsidies 10,150.00 

7.  Properties 

72.      Equipment 50.00 

Total:  City  Controller $215,973.00 

ORGANIZATION  UNIT:  PUBLIC   PURCHASE 
PUBLIC  PURCHASE  DEPARTMENT. 

1.  Services  -  Personal 

11.      Salaries  and  Wages,  Regular 

1  Purchasing  Agent  @ $      5,000.00 

1  Ass't  Purchasing  Agent  @ 2,000.00 

1  Clerk  @ 1,800.00 

1  Inspector  and  Storekeeper  @ 1,800.00 

1  Bookkeeper  @ 1,200.00 

1   Stenographer   @    1,020.00 

1  Clerk  @ 900.00 

1  Clerk  @ 900.00 

2.  Service  -  Contractual 

21.      Communication  and  Transportation  550.00 

24.  Printing   and   Advertising 500.00 

25.  Repair  of  Equipment 25.00 

3.  Supplies 

36.      Office  Supplies 600.00 

5.      Current  Charges 

55.      Subscription  and  Dues 10.00 


September  4,  1926]  city  of  Indianapolis,  ind.  335 


7.      Properties 

72.      Equipment 250.00 

Total:   Public   Purchase    $   16,105.00 

ORGANIZATION  UNIT:  BARRETT  LAW  DIVISION 
BARRETT  LAW  DIVISION. 

1.  Services  -  Personal 

11.      Salaries  and  Wages,  Regular 

1    Bookkeeper    1,800.00 

1  Clerk 1,800.00 

3  Clerks   @ $1,500.00  4,500.00 

1  Ass't  Bookkeper 1,500.00 

1   Stenographer 1,080.00 

2.  Service  -  Contractual 

21.      Communication  and  Transportation  400.00 

24.  Printing  and  Advertising 300.00 

25.  Repairs 100.00 

3.  Supplies 

36.      Office 2,250.00 

7.     Properties  _  _       _     _ 

72.      Equipment 500.00 

Total:   Barrett   Law  Division $   14,230.00 

ORGANIZATION  UNIT:  CITY  PLAN  COMMISSION 
CITY  PLAN  COMMISSION. 

1.  Services  -  Personal 

11.  Salaries  and  Wages,  Regular 

1  Engineer  @ $3,000.00      $      3,000.00 

1  Secretary  @ 1,800.00  1,800.00 

4  Dreftsmen  @ 1,800.00  7,200.00 

12.  Temporary  Salaries  and  Wages 200.00 

13.  Other    Compensation    5,566.20 

2.  Service  -  Contractual 

21.      Communication  and  Transportation  250.00 

24.  Printing  and  Advertising 500.00 

25.  Repairs 25.00 

3.  Supplies 

33.     Auto  -  Gas  and  Supplies 300.00 

36.      Office 600.00 

5.      Current   Charges 

55.     Dues,  etc. 50.00 

7.      Properties 

721.  Furniture  and  Fixtures 50.00 


Total:  City  Plan  Commission $   19,541.20 


336  journal  of  common  council         [Regular  Meeting 

ORGANIZATION  UNIT: 
DEPARTMENT    OF    LAW 

1.  Services  -  Personal 

11.     Salaries  and  Wages,  Regular 

1  Corporation  Counsel $      5,000.00 

1  City  Attorney 4,000.00 

1  Ass't  City  Attorney 2,500.00 

1  Deputy  Prosecutor 1,800.00 

1    Claim  Agent 1,200.00 

1   Stenographer 1,320.00 

1  Stenographer 1,200.00 

2.  Service  -  Contractual 

21.      Communication  and  Transportation  75.00 

24.  Printing  and  Advertising 50.00 

25.  Repairs 25.00 

3.  Supplies 

36     Office 225.00 

5.      Current  Charges 

53.     Refunds,  Awards  and  Indemnities  _  9,000.00 

55.     Subscriptions  and  Dues 10.00 

7.     Properties 

72.     Equipment 200.00 


Total:  Department  of  Law $  26,605.00 

DEPARTMENT:  BOARD  OF  WORKS 
ORGANIZATION   UNIT:   ADMINISTRATION 
ADMINISTRATION: 

1.  Services  -  Personal 

11.      Salaries  and  Wages,  Regular 

1  President   @    $3,000.00  $     3,000.00 

2  Members  @ 2,500.00  5,000.00 

1  Clerk  @ 1,500.00  1,500.00 

1    Stenographic  Clerk   @ 1,800.00  1,800.00 

1   Assistant  Clerk   @ 1,200.00  1,200.00 

1  Record  Clerk@ 1,200.00  1,200.00 

1  Bond  Clerk  @ 1,800.00  1,800.00 

13.      Other  Compensations 1,200.00 

2.  Service  -  Contractual 

21.  Communication  and  Transportation  5,500.00 

22.  Heat,  Light,  Power  and  Water  ___  660,000.00 

24.  Printing  and  Advertising 10,000.00 

25.  Repairs 50.00 

26.  Services  -  Other   Contractual 40,000.00 

3.  Supplies 

36.      Office    1,000.00 

5.      Current  Charges 

51.      Insurance  and  Premiums '. 2,800.00 


September  4,  1926]  city  of  Indianapolis,  ind.  337 


53.  Refunds,  Awards  and  Indemnities  _  12,000.00 

54.  Rents    and    Leases    2,000.00 

7.     Properties 

72.      Equipment 150.00 

Total:    Administration    $750,200.00 

DEPARTMENT 
ORGANIZATION  UNIT:  PUBLIC  BUILDINGS 
PUBLIC  BUILDINGS. 

1.  Services  -  Personal 

11.     Salaries  and  Wages,  Regular 

1  Custodian  at  City  Hall  @ $1,800.00      $      1,800.00 

2  Firemen  at  City  Hall  @ 1,200.00  2,400.00 

2  Elevator  Operators  @ 1,200.00  2,400.00 

1  Night  Watchman,  City  Hall  @   _   1,080.00  1,080.00 

2  Telephone  Operators  @ 960.00  1,920.00 

6  Janitors,  City  Hall   @ 1,080.00  6,480.00 

2  Janitors  at  Tomlinson  Hall  @  __       960.00  1,920.00 

2  Attendants,  Comfort  Station  @  _      840.00  1,680.00 

2  Matrons,  Comfort  Station   @    __       720.00  1,440.00 

2.  Services  -  Contractual 

21.  Communication  and  Transportation  25.00 

22.  Heat,  Light,  Power  and  Water  ___  12,000.00 

25.  Repairs 4,000.00 

26.  Other  Contractual 400.00 

3.  Supplies 

32.     Fuel  and  Ice 2,000.00 

34.      Institutional  and  Medical 1,000.00 

38.      Supplies  General 200.00 

4.  Materials 

41.      Building 500.00 

45.     Repair  Parts 100.00 

7.      Properties 

72.      Equipment 800.00 

Total: $   42,145.00 

DEPARTMENT:  BOARD  OF  WORKS 
ORGANIZATION  UNIT:  CITY  CIVIL  ENGINEER 
CITY  CIVIL  ENGINEER 

1.      Services  -  Personal 

11-1.  Salaries  -  Wages,   Regular 

1  City  Civil  Engineer  @ $3,500.00      $      3,500.00 

1  Ass't  Civil  Engineer   @ 3,600.00  3,600.00 

2  Ass't  Civil  Engineers   @ 2,400.00  4,800.00 

2  Junior  Ass't  Engineers  @ 2,160.00  4,320.00 

2  Senior  Office  Aids  @ 1,800.00  3,600.00 

2  Office  Aids   @ 1,500.00  3,000.00 


338  journal  of  common  council         [Regular  Meeting 

4  Junior  Office  Aids  @ 1,320.00  5,280.00 

Senior   Draftman    @    1,320.00  1,320.00 

Junior  Draftsman   @ 1,200.00  1,200.00 

4   Senior  Field  Aids   @ 1,800.00  7,200.00 

1   Field  Aid   @    1,500.00  1,500.00 

12  Junior  Field  Aids  @ 1,200.00  14,400.00 

1   Chief   Clerk    @    2,100.00  2,100.00 

1  Ass't  Clerk  @ 1,500.00  1,500.00 

1  Junior  Clerk  @ 1,200.00  1,200.00 

11-2.  Flood  Prevention  Department 

1  Junior  Ass't  Engineer  @ 2,160.00  2,160.00 

1  Senior  Office  Aid  @ 1,800.00  1,800.00 

1  Junior  Office  Aid  @ 1,320.00  1,320.00 

1  Senior  Field  Aid  @ 1,800.00  1,800.00 

3  Junior  Field  Aids  @ 1,200.00  3,600.00 

1  Senior  Inspector  @ 1,500.00  1,500.00 

11-3.  C.  C.  E.  O.  Inspectors 

1  Chief  Inspector  @ 2,000.00  2,000.00 

2  Senior  Inspectors  @ 1,800.00  3,600.00 

2  Inspectors  -  Regular  @ 1,320.00  2,640.00 

29  Junior  Inspectors  (7  mos.)    @  __  1,375.00  25,375.00 

1  Stenographer  @ 1,200.00  1,200.00 

11-4.  Laboratory  Department 

1   Chemical  Engineer   @ 3,600.00  3,600.00 

1  Ass't  Chemical  Engineer  @ 1,800.00  1,800.00 

1  Sr.  Ass't  Chemical  Engineer  @  _  1,400.00  1,400.00 

1    Jr.   Ass't   Chemical   Engineer    @  1,320.00  1,320.00 

1  Junior  Inspector  (6  mos.)    @ 600.00  600.00 

11-5.  Asphalt  Plant  Department 

1  Plant  Superintendent  @ 2,000.00  2,000.00 

DEPARTMENT:   BOARD   OF   WORKS 

ORGANIZATION  UNIT:  CITY  CIVIL  ENGINEER 

CITY  CIVIL  ENGINEER: 

1.     Services — Personal   (Continued) 
11-6.  Asphalt  Street  Repair 

2  Foreman     (Regular)     @ $1,500.00  $3,000.00 

2    Foreman    (Temporary)    @ 1,320.00  1,320.00 

11-7.  Brick  and  Block  Dept. 

1     Foreman    @    1,500.00  1,500.00 

11-8.  Cement  Walk  and  Curb  Dept. 

1     Foreman    @    1,320.00  1,320.00 

11-9.  Street  Lighting  Dept. 

1  Superintendent    @     1,620.00  1,620.00 

12.      Salaries  and  Wages    (Temporary)  : 

12-2.  Street  Repair 

2  Rollermen  @   60c  per  hr 1,680.00  1,680.00 

4  Truck  Drivers   @    60c  per  hr.__  3,360.00  3,360.00 
4     Markers   @    55c  per  hr 3,080.00  3,080.00 


September  4,  1926]  city  of  Indianapolis,  ind.  339 


6    Rakers   @    60c  per  hr 5,040.00  5,040.00 

6    Tampers   @    55c  per  hr 4,620.00  4,620.00 

4     Shovelers   @    55c  per  hr 3,360.00  3,360.00 

28.   Laborers    @    45c   per  hr 17,640.00  17,640.00 

2    Watchmen    @    $2.50    per  night      1,085.00  1,085.00 

12-3.  Brick  and  Block  Dept. : 

10     Laborers    @    45c   per  hr.    6,300.00  6,300.00 

12-4.  Cement  Walk  and  Curb  Dept.: 

1.   Finisher   @    70c  per  hr. 980.00  980.00 

6.   Laborers  @  45c  per  hr 3,794.00  3,794.00 

2.  Services — Contractual 

21.      Communication    and    Transportation 10,000.00 

24.  Printing  and   Advertising    700.00 

25.  Repairs     1,000.00 

3.  Supplies 

32.  Fuel    and    Ice    2,000.00 

33.  Garage  and  Motor  Supplies 300.00 

35.  Laboratory    Supplies    300.00 

36.  Office    Supplies    2,000.00 

38.      General    Supplies    750.00 

4.  Materials 

41.      Building   Materials 50.00 

43.  Street  and  Alley  Materials 2,000.00 

44.  General  Materials 500.00 

45.  Repair  Parts 100.00 

7.      Properties 

72.      Equipment 1,000.00 

Grand  Total  of  All  Accounts $196,634.00 

ORGANIZATION  UNIT:  ASSESSMENT  BUREAU 

1.  Pergonal  Service 

11.      Salaries  and  Wages,  Regular 

1     Transfer    Clerk    @    $1,200.00 $1,200.00 

4    Junior  Clerks   @    $1,200.00 4,800.00 

2.  Services — Contractual 

21.      Communication    and    Transportation 150.00 

24.  Printing  and  Advertising 100.00 

25.  Repairs: : 50.00 

3.  Supplies 

36.      Office    150.00 

7.      Properties 

72.     Equipment    300.00 


Grand    Total    $6,750.00 

DEPARTMENT:  BOARD  PUBLIC  WORKS 
ORGANIZATION  UNIT:  MUNICIPAL  GARAGE 
MUNICIPAL  GARAGE 

1.      Services    (Personal — Regular)  : 


340  journal  ok  common  council         [Regular  Meeting 

11.  Salaries  and  Wages,  Regular 

1     Superintendent    @    $3,000.00  $3,000.00 

1    Foreman    @    2,400.00  2,400.00 

1     Clerk-Stenographer    @    1,200.00  1,200.00 

1     Night  Mechanic  &  Watchman  @    1,500.00  1,500.00 

12.  Salaries   and   Wages    (Temporary): 22,500.00 

2.  Service  -  Contractual 

21.  Communication    and    Transportation 200.00 

22.  Heat,  Light,   Power  and   Water . 1,000.00 

25.  Repairs     2,000.00 

26.  Other    Contractual    6,000.00 

3.  Supplies: 

32.  Fuel  and  Ice 50.00 

33.  Garage   and   Motor   Supplies 21,500.00 

36.     Office  Supplies 25.00 

4.  Materials: 

45.      Repair   Parts ___   5,500.00 

7.      Properties: 

72.      Equipment 3,000.00 

Grand    Total    Garage $69,875.00 

DEPARTMENT:    BOARD    PUBLIC    WORKS 

ORGANIZATION   UNIT:   DEPT.   PUBLIC    SERVICE 

STREET   COMMISSIONER 
STREET  COMMISSIONER 

1.      Personal  Service: 

11.      Salaries  and  Wages,  Regular 

11-1.  Office  Administration 

1     Commissioner   @   $3,000.00  $3,000.00 

1     Chief  Clerk  @ 1,680.00  1,680.00 

1     Timekeeper   @   1,500.00  1,500.00 

1     Clerk-Typist   @ 1,000.00  1,000.00 

11-2.  Sewer  Department 

1    Asst.   Commissioner    @    2,000.00  2,000.00 

1     Inspector  @   1,320.00  1,320.00 

3    Foreman    @    1,320.00  3,960.00 

11-3.  Improved  Streets  Dept. 

3  Foremen    @    1,320.00  3^960.00 

11-4.  City  Yards  Dept. 

1    Foreman    @    1,320.00  1,320.00 

11-5.  Street  Cleaning  Dept. 

4  Inspectors   @ 1,500.00  6,000.00 

1  Barn  Foreman    @    1,320.00  1,320.00 

12-1.  Sewer  Department 

2  Eductor  Men   @    60c  per  hr i 2,808.00 

4  Eductor  Helpers   @    50c  per  hr 4,680.00 

3  Emergency  Drivers  @   55c  per  hr 3,861.00 

3  Basin  Truck  Drivers    @    55c  per  hr. .,.__  3,861.00 


September  4,  1926]  city  of  Indianapolis,  ind. 


12    Laborers  @   50c  per  hr.  __ ..     .      ___  10.030.00 

1     Dump  Man   @    $4.00  per  week 208.00 

12-2.  Unimproved  Street  Department 

4     Heavy  Truck  Drivers   @    60c  per  hr 4,216.00 

4     Heavy  Truck  Helpers  @   50c  per  hr 3,480.00 

6  Light  Truck  Drivers   @   55c  per  hr 5,794.00 

3  Tractor  Drivers   @   55c  per  hr 1,312.50 

4  Grader  Men  @   55c  per  hr 1,750.00 

8    Laborers    @    50c   per   hr. 4,896.80 

12-3.  City  Yards 

1     Watchman  @   $21.00  per  week 1,092.00 

1  Red  Light  Man  @   $21.00  per  week 1,092.00 

2  Emergency  Men    @    50c  per  hr.  . 2,914.00 

1   Laborer  at   50c  per  hr. 1 1,456.00 

1     Blacksmith   @    65c  per  hr 1,521.00 

1     Blacksmith  Helper  @   50c  per  hr 1,170.00 

12-4.  Carpenter  Department 

1  Foreman   @    $1.25  per  hr 2,892.50 

2  Carpenters    @    $1.15  per  hr . 5,322.20 

2  Laborers  @   50c  per  hr. 2,340.00 

1     Truck  Driver    @    55c  per  hr 1,287.00 

1     Painter   @    $1.10  per  hr.    __ 2,516.80 

Adjustment  1926  Union  Wage  Scale ^       641.50 

12-5.  Weed  Cutting  Department 

12    Laborers  @   45c  and  50c .1,000.00 

12-6.  Sprinkling  Road  Oil 

3  Heavy  Truck  Drivers  @  60c  per  hr 900.00 

3     Heavy  Truck  Helpers  @  50c  per  hr 750.00 

1     Oil  House  Man  @   50c  per  hr 350.00 

12-7.  Street  Cleaning  Department: 

1     Truck  Foreman   @    65c  per  hr 1,800.00 

18    Teamsters  @   50c  per  hr 12,916.00 

170  Laborers   @    45c  per  hr.  „_   51,000.00 

7  Light  Truck  Drivers  @   55c  per  hr 8,000.00 

6    Flusher  Drivers    @    60c   per  hr 6,250.00 

5  Truck  Helpers  @    50c  per  hr 5,000.00 

3    Dump  Men  at  $4.00  per  week 624.00 

3    Stablemen    @    50c  per  hr 4,368.00 

1     Blacksmith   @    65c  per  hr 1,521.00 

1    Horseshoer  @   65c  per  hr 1,521.00 

2.      Services  -  Contractual  , 

21.  Communication  and  Transportation il: 4,137.00 

22.  Heat,  Light,  Power  and  Water 450.00 

24.  Printing    and   Advertising 25.00 

25.  Repairs     2,500.00 

o.      Supplies 

32.  Fuel  and  Ice 1,500.00 

33.  Garage  and  Motor 1,500.00 

36.      Office    250.00 

38.      General    Supplies    10,000.00 

4.      Materials 

42.     Sewer  Materials    .-_- 5,500.00 


342  journal  of  common  council        [ Regular  Mcctina 


43.  Street    and    Alley    Materials 12,000.00 

44.  General  Materials 250.00 

45.  Repair  Parts   2,000.00 

5.      Current  Charges 

54.      Rents   and    Taxes    900.00 

7.      Properties 

71.  Buildings,  Structures  and  Improvements 2,590.00 

72.  Equipment 1,700.00 

Total  Street   Commissioner $239,504.30 

DEPARTMENT:  BOARD  OF  PUBLIC  SAFETY 
ORGANIZATION    UNIT:    ADMINISTRATION 

1.  Services  -  Personal 

11.      Salaries  and  Wages.  Regular 

3  Commissioners    @     $1,200.00 $3,600.00 

1    Secretary   2,500.00 

1   Bookkeeper    2,000.00 

Stenographer     1,500.00 

1    Surgeon      1,600.00 

13.      Other  Compensations 1,120.00 

2.  Services  -  Contractual 

21.      Communication  and  Transportation 30.00 

25.  Repairs     25.00 

26.  Services,  other  Contractual 200.7)0 

3.  Supplies 

36.      Office    400.00 

7.      Properties 

72.      Equipment 100.00 

Total   Board   of   Safety,    Administration $13,075.00 

DEPARTMENT:  BOARD  OF  SAFETY 

ORGANIZATION  UNIT:  FIRE  DEPARTMENT 

FIRE  DEPARTMENT 

1.      Services  -  Personal 

11.      Salaries  and  Wages,  Regular 

1  Chief    @    $4,000.00  $4,000.00 

2  First  Ass't  Chiefs   @ 3,182.50  6,365.00 

1    Second  Ass't  Chief  @ 3,062.50  3,062.50 

1    Secretary    @    2,582.50  2,582.50 

10   Battalion   Chiefs    @ 2,582.50  25,825.00 

1  Secretary    @    2,582.50  2,582.50 

2  Aides  to  Chief   (Lieut.)    @   „__  2,182.50  4,365.00 
10  Aides  to  Batt.  Chiefs  (Chauf)    @  1,982.50  19,825.00 

43  Captains   @   2,382.50  102,447.50 

70    Lieutenants    <§>    2,182.50  152,775.00 

4  Engineers  @ 1,982.50  7,930.00 

103   Chauffeurs    @    1,982.50  204,197.50 

303   1st  Grade   Men    (5)    1,916.25  580,623.75 

46  1st  Grade  Substitutes  @ 1,916.25  88,147.50 


September  4,  19%]         city    of   Indianapolis,    ixd.  343 


10  2nd  Grade  Substitutes  @ 1,733.50          17,335.00 

1  Stenographer  @ 1,500.00             1,500.00 

1  Ass't  Secretary  @ 1,800.00             1,800.00 

13.       Other  Compensation 

2.  Service  -  Contractual 

21.  Communication  and  Transportation  6,000.00 

22.  Heat,  Light  and  Power 4,500.00 

24.  Printing  and  Advertising 200.00 

25.  Repairs    6,000.00 

26.  Other    Contractual    25.00 

3.  Supplies 

32.  Fuel  and  Ice 8,500.00 

33.  Garage  and  Motor 16,000.00 

34.  Institutional  and  Medical 2,000.00 

36.      Office    Supplies    800.00 

38.      General  Supplies 3,500.00 

4.  Materials 

41.     Building 4,000.00 

44.  General  Materials 2,500.00 

45.  Repair  Parts 7,000.00 

5.  Current  Charges 

55.     Subscriptions  and  Dues 8.00 

7.      Properties 

72.      Equipment 5,000.00 

Total:  Fire  Department $1,288,804.25 

ORGANIZATION  UNIT:  POLICE  DEPARTMENT 
DEPARTMENT:  BOARD  OF  SAFETY 
POLICE  DEPARTMENT. 

1.      Services  -  Personal 

11.      Salaries  and  Wages,  Regular 

1  Chief  of  Police  @  $4,000.00      $     4,000.00 

1  Chief  of  Detectives  @ 3,600.00             3,600.00 

1  Major  of  Police   @    *. 3,400.00             3,400.00 

1  Captain  of  Traffic  @  3,300.00            3,300.00 

4  Captains   @    __i .  2,582.50          10,330.00 

12  Lieutenants  @ 2,382.50          28,590.00 

32   Sergeants   @    2,182.50          69,840.00 

55   Detective   Sergeants    @    2,182.50        120,037.50 

147  Patrolmen  1st  Grade  as  @ 1,982.50        291,427.50 

designated  below : 

70  Traffic  Men 

12  Motorcycle  Men 

50  Motor  Policemen 

12  Wagonmen 
3  Turnkeys 

250  Patrolmen,  2nd  Grade  @ 1,916.25        479,062.50 

2  Court  Bailiffs   @   2,182.50            4,365.00 

2  Ass't  Court  Bailiffs   (5)    1,916.25            3,832.50 

1  Probation  Officer   @   2,182.50            2,182.50 

5  2nd  Year  Women  Patrolmen  @  _  1,916.25            9,581.25 


344  journal  OF  common  council        [Regular    Meeting 


1  Secretary  @ 2,582.50  2,582.50 

4  Traffic  Repairmen  @ 1,320.00  5,280.00 

1   Hostler   @    1,200.00  1,200.00 

7   Janitors    @    1,080.00  7,560.00 

4  Stenographic  Clerks  @ 1,200.00  4,800.00 

13.      Other  Compensations '. 500.00 

2.  Services  -  Contractual 

21.  Communication  and  Transportation  6,383.00 

22.  Heat,  Light  and  Power 11,000.00 

24.  Printing  and  Advertising 350.00 

25.  Repairs 5,000.00 

26.  Other    Contractual    4,869.00 

3.  Supplies 

32.  Fuel  and  Ice 350.00 

33.  Garage  and  Motor 19,000.00 

34.  Institutional  and  Medical 800.00 

36.      Office    Supplies    3,000.00 

38.      General  Supplies 3,110.00 

4.  Materials 

41.      Building    !.__.  600.00 

44.  General    Materials    1,200.00 

45.  Repair    Parts    1,500.00 

5.  Current  Charges 

54.  Rents    1,208.00 

55.  Subscriptions  and  Dues 20.00 

7.     Properties 

72.      Equipment 1,000.00 

Total:   Police    Department   $1,114,861.25 

DEPARTMENT:   BOARD   OF   PUBLIC  SAFETY 
ORGANIZATION    UNIT:    GAMEWELL    DIVISION 

1.  Services  -  Personal 

11.      Salaries  and  Wages,  Regular 

Electrical  Engineer  @ $     3,600.00 

1  General  Foreman  @ 2,582.50 

12  Circuit  Repairmen  @ $1,982.50  23,790.00 

1  Fire  Alarm  Box  Inspector  @ 1,916.25 

1    Groundman    @    1,500.00 

14  Signal  Operators  @ 1,916.25  26,827.50 

2.  Services  -  Contractual 

21.      Communication  and  Transportation  20.00 

24.  Printing  and  Advertising 50.00 

25.  Repairs 1,000.00 

3.  Supplies 

33.      Garage  and  Motor 1,500.00 

36.     Office    Supplies    500.00 

38.      General  Supplies 7,000.00 

4.  Material 

44.      General    Materials    8,000.00 


September  4,  1926]         city    of   Indianapolis,   ind.  345 

45.     Repair  Parts 1,500.00 

7.      Properties 

72.      Equipment     5,000.00 

Ttotal:    Gamewell   Division    $84,786.25 

DEPARTMENT:   PUBLIC   SAFETY 

ORGANIZATION  UNIT:  WEIGHTS  AND  MEASURES 
WEIGHTS  AND  MEASURES. 

1.  Services  -  Personal 

11.     Salaries  and  Wages,  Regular 

1  Chief  Inspector  @ $1,800.00      $      1,800.00 

4  Deputy  Inspectors  @ 1,430.00  5,720.00 

2.  Services  -  Contractual 

21.      Communication  and  Transportation  15.00 

25.      Repairs 100.00 

3.  Supplies 

33.      Garage  and  Motor 400.00 

36.     Office  Supplies 25.00 

4.  Materials 

45.      Repair   Parts   100.00 

7.      Properties 

72.      Equipment 100.00 


Ttotal:    Weights   and   Measures    $      8,360.00 

DEPARTMENT:  BOARD  OF  SAFETY 

ORGANIZATION  UNIT:  DOG  POUND 
DOG  POUND. 

1.  Services  -  Personal 

11.     Salaries  and  Wages,  Regular 

1  Pound  Keeper  @ $1,200.00  $      1,200.00 

1  Deputy  Pound  Keeper  @ 1,020.00  1,020.00 

2.  Services  -  Contractual 

21.  Communication  and  Transportation  60.00 

22.  Heat,  Light  and  Power 100.00 

25.      Repairs —  500.00 

3.  Supplies 

31.  Food . 350.00 

32.  Fuel  and  Ice 250.00 

33.  Garage  and  Motor 500.00 

34.  Institutional  and  Medical ,  300.00 

36.      Office  Supplies .__-  125.00 

38.      General    Supplies    200.00 

4.  Materials 

41      Building 750.00 

45.      Repair  Parts 100.00 


346  JOURNAL  OF  common  COUNCIL        [Regular    Meetir 


5.      Current  Charges 

54.     Rents    360.00 


Ttotal:    Dog    Pound    $     5,710.00 

DEPARTMENT:  BOARD  OF  PUBLIC  SAFETY 
ORGANIZATION  UNIT:  EAST  MARKET 

1.  Services  -  Personal 

11.  Salaries  and  Wages,  Regular 

Market  Master  @ $      2,000.00 

2  Watchmen   @   $  900.00  1,800.00 

6  Janitors   @    960.00  5,760.00 

Matron,  @ 240.00 

Ass't  Market  Master  @   1,500.00  1,500.00 

12.  Salaries  and  Wages  -  Temporary  250.00 

2.  Services  -  Contractual 

21.  Communication  and  Transportation  70.00 

22.  Heat,  Light  and  Power 2,300.00 

25.  Repairs 500.00 

26.  Services  -  Other  Contractual 20.00 

3.  Supplies 

32.  Fuel  and  Ice 30.00 

33.  Garage  and  Motor 5.00 

34.  Institutional 150.00 

36.     Office 75.00 

38.      General  Supplies 225.00 

4.  Materials 

41.     Building 100.00 

7.     Properties 

72.      Equipment 15.00 

Total:   East  Market   $   15,040.00 

DEPARTMENT:  BOARD  OF  PUBLIC  SAFETY 

ORGANIZATION  UNIT:  BUILDING  DEPARTMENT 

1.      Services  -  Personal 

11.      Salaries  and  Wages,  Regular 

Building    Commissioner $      4,000.00 

Ass't   Building   Commissioner 3,600.00 

Plan   Examiner 3,000.00 

Chief    Inspector    2,750.00 

Chief   Clerk 2,400.00 

1st  Ass't  Clerk 2,250.00 

2nd  Ass't  Clerk  _'_■ 2,100.00 

Bookkeeper    1,800.00 

Stenographer  and  Sec'y  to  Boards  1,440.00 

5  Buildings  Inspectors  @ $2,400.00  12,000.00 

Smoke  Inspector   (Combustion 

Engineer)  3,000.00 


September  4,  1926]         city    of    Indianapolis,   ind.  347 


Ass't  Smoke  Inspector 2,400.00 

Elevator   Inspector : 2,500.00 

Chief  Sign   Inspector 2,400.00 

Board  of  Electrical  Examiners, 

1  Member 60.00 

Board  of  Plumbing  Examiners 

3  Members  @ 180.00 

2.  Services  -  Contractual 

21.      Communication  and  Transportation  50.00 

24.  Printing  and  Advertising 500.00 

25.  Repairs    50.00 

3.  Supplies 

36.      Office    800.00 

7.      Properties 

72.      Equipment    50.00 

Total:  Building  Department $   47,330.00 

GRAND  TOTAL  FOR  ENTIRE  BUDGET 

AS  SET  OUT  ABOVE  $4,200,519.25 

Section  2,  All  General,  Special,  Appropriation  and  other  ordi- 
nances in  conflict  in  any  manner  are  herewith  repealed;  This.  Sec- 
tion shall  not  be  in  force  and  effect  until  on  and  after  January  1st, 
1927. 

Section  3.  This  Ordinance  shall  be  in  force  and  effect  from 
and  after  its  passage. 

OTIS  E.  BARTOLOMEW. 


The  above  motion  was  seconded  by  Mr.  Ferguson  and 
passed  unanimously  by  the  Council. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  Appropriation  Ordinance  No.  3,  as  amended,  was 
ordered  engrossed,  read  a  third  time  and  placed  upon  its 
passage. 

Appripriation  Ordinance  No.  3,  as  mended,  was  read 
a  third  time  and  passed  unanimously  by  the  Council. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
61  for  a  second  reading.     It  was  read  a  second  time. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Albertson, 
General  Ordinance  No.  61  was  ordered  engrossed,  read  a 
third  time  and  placed  upon  its  passage. 


348 


journal  of  common   council         [Regular    Meeting 


General  Ordinance  No.  61  was  read  a  third  time  and 
passed  unanimously  by  the  Council. 

Mr.  Bartholomew  called  for  General  Ordinance  No. 
62  for  a  second  reading.     It  was  read  a  second  time. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Dorsett, 
General  Ordinance  No.  62  was  ordered  engrossed,  read 
a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  62  was  read  a  third  time  and 
passed  by  the  following  vote : 

Ayes,  6,  viz. :  Messrs.  Bartholomew,  Dorsett,  Fer- 
guson, Springsteen,  Todd  and  President  Moore. 

Noes,  1,  viz. :  Mr.  Albertson. 

On  motion  of  Mr.  Dorsett,  seconded  by  Mr.  Bartholo- 
mew,-the  Common  Council  of  the  iCty  of  Indianapolis 
adjourned  at  2r20  o'clock  p.  m. 


Attest: 


President. 


City  Clerk. 


September  .20,   1926]       city  of  Indianapolis,  ind.  351 

REGULAR  MEETING 

Monday,  September  20,  1926,  7:30  p.  m. 

The  Common  Council  of  the  City  of  Indianapolis,  In- 
diana, met  in  the  Council  Chamber,  September  20,  1926, 
at  7:30  p.  m.,  in  regular  session,  President  Boynton  J. 
Moore  in  the  chair. 

The  Clerk  called  the  roll. 

Present:  Hon.  Boynton  J.  Moore,  President,  and 
seven  members,  viz. :  Austin  H.  Todd,  Otis  E.  Bartholo- 
mew, Millard  W.  Ferguson,  Walter  R.  Dorsett,  Robert  E. 
Springsteen,  O.  Ray  Albertson  and  Edward  B.  Raub. 

Absent:  Claude  E.  Negley. 

The  reading  of  the  journal  was  dispensed  with  on  mo- 
tion of  Mr.  Albertson,  seconded  by  Mr.  Bartholomew. 

COMMUNICATIONS  FROM  THE  MAYOR 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — I  have  today  approved  with  my  signature  and  de- 
livered to  Wm.  A.  Boyce,  Jr.,  City  Clerk,  General  Ordinance  No.  64. 
An  Ordince  covering-  1927  Tax  Levy  of  Three  Hundred  and  Fifty 
Thousand    ($350,000.00)    Dollars. 

And  Ordinance  No.  61  covering  Temporary  Loan. 
And  Ordinance  No.   62.  Amending  Zoning  Ordinance. 
And    Ordinance    No.    3.      Appropriating    1927    Budget. 

Yours  very  truly, . 

J.  L.  DUVALL. 

Mayor. 

REPORTS  FROM  STANDING  COMMITTEES 

Indianapolis,  Ind.,  September  20,  1926 
To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance,  to  whom  was  re- 
ferred Gen.  Order,  65,  66,  67,  68,  69,  70,  71,  72,  covering  miscellane- 
ous transfers,  beg  leave  to  report  that  we  have  had  said  ordinance 
under  consideration,  and  recommend  that  the  same  be  passed. 

O.    RAY    ALBERTSON,    Chairman 
A.  H.  TODD 

OTIS  E.  BARTHOLOMEW 
WALTER  R.  DORSETT 
Indianapolis,  Ind.,  September  20,  1926 

To  the'  Honorable  President  and  Members  of  the  Common  Council  of  the 

•  City  of  Indianapolis,  Indiana: 


352  JOURNAL   OF   COMMON    COT  NCIL  Sep+ember   2C,    1926 


Gentlemen — We,  your  Committee  on  Finance  to  whom  was  re- 
ferred Gen.  ordinance  No.  56,  1926,  beg  leave  to  report  that  we 
have  had  said  ordinance  under  consideration,  and  recommend  that 
the  same  be  passed. 

0.    RAY    ALBERTSON,    Chairman 
A.  H.  TODD 

OTIS  E.  BARTHOLOMEW 
WALTER  R.  DORSETT 

Indianapolis,  Ind.,  September  20,  1926 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was  re- 
ferred Appr.  ordinance  No.  5,  1926,  beg  leave  to  report  that  we 
have  had  said  ordinance  under  consideration,  and  reccommend  that 
the  same  be  passed. 

O.    RAY    ALBERTSON,    Chairman 
A.  H.  TODD 

OTIS  E.  BARTHOLOMEW 
WALTER  R.  DORSETT 

Indianapolis,  Ind.,  September  20,  1926 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  Finance  to  whom  was  re- 
ferred Special  Ordinance  No.  4,  1926,  beg  leave  to  report  that  we 
have  had  said  ordinance  under  consideration,  and  recommend  that 
the  same  be  passed. 

O.    RAY    ALBERTSON,    Chairman 
A.  H.  TODD 

OTIS  E.  BARTHOLOMEW 
WALTER  R.  DORSETT 

Indianapolis,  Ind.,  September  20,  1926 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee,  special,  to  whom  was  re- 
ferred Appro.  Ordinance  No.  4,  1926,  beg  leave  to  report  that  we 
have  had  said  ordinance  under  consideration,  and  recommend  that 
the  same  be  passed. 

M.   W.   FERBUSON,   Chairman. 
O.  RAY  ALBERTSON 
A.   H.   TODD 
WALTER  R.   DORSETT 
OTIS   E.   BARTHOLOMEW 

Indianapolis,  Ind.,  September  20,  1926 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen — We,  your  Committee  on  City  Welfare  to  whom  was 
referred  General  Ordinance  No.  63,  1926,  beg  leave  to  report  that 


September  20,   1926]    city    of   indianapo]  i  *  353 


we   have   had   said   ordinance   under   consideration,    and   recommend 

that  we  be  given  more  time. 

OTIS    E.    BARTHOLOMEW,    Chairman 
EDWARD  R.  RAUB 
ROBT.  E.  SPRINGSTEEN. 

To  Mr.  William  A.  Boyce,  Jr.,    Clerk    of    the    Common    Council,    City  of 

■  Indianapolis.   . 

Dear  Sir: — I  am  handing  you  herewith  copies  of  an  Ordinance 
granting   Jesse    C.    Moore   the   right   to   lay   and   maintain   a   switch 
across  Mill  Street,  at  a  point  north  of  17th  Street.     Kindly  submit 
same   to    the    Council   for   their   consideration. 
Yours  truly, 

WAYNE  EMMELMAN,    - 

Clerk,  Board  of  Public  Works. 

September  3,  1926 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen :— We  herewith  present  to  you  an  ordinance  pro- 
viding for  the  free  distribution  of  dogs  impounded  by  the  City  Dog 
Pound  and  fixing  a  penalty  for  violation  of  such  ordinance. 

We  would  appreciate  your  giving  this  ordinance  your  favorable 
•consideration. 

Yours  very  truly, 

BOARD    OF   PUBLIC    SAFETY, 
CLAUDE    C.    McCOY. 
Executive    Secretary 

September  20  1926 

To  the  Honorable  President  and  Members  of  the  Common  Council  of  the 
City  of  Indianapolis,  Indiana: 

Gentlemen: — The  Board  of  Safety  respectfully  presents  to  you 
for  your  consideration  an  ordinance  governing  parking  of  vehicles 
on  both  sides  of  Delaware  and  Alabama  Streets  between  Washington 
and  Ohio  Streets,  repealing  all  ordinances  in  conflict  with  same  and 
fixing  a  time  when  same  shall  take  effect. 

The   Board  respectfully  recommends  the  passage   of  this  ordi- 
nance, copies  of  which  are  attached. 
Yours  very  truly, 

BOARD  OF  PUBLIC  SAFETY, 
CLAUDE  C.  McCOY. 

Executive  Secretary. 

INTRODUCTION  OF  GENERAL  ORDINANCES 

By  Mr.  Raub : 

GENERAL   ORDINANCE   NO.   73,   1926. 

AN  ORDINANCE,  granting  to  Jesse  C.  Moore  the  right  to  lay  and 
maintain  a  sidetrack  or  switch  from  the  east  side  of  Mill  Street 


354  journal  of  common  cotrNcrL  [Regular  Meeting 


at  a  point  sixteen  (16)  feet  north  of  the  north  line  of  West 
Seventeenth  Street,  westward  across  said  Mill  Street,  as  per 
blue  print  attached  heretor  in  the  city  of  Indianapolis,  Indiana. 

WHEREAS  Jesse  C.  Moore  of  Indianapolis,  Marion  County, 
Indiana,  desires  the  right  to  lay,  maintain  and  operate  a  sidetrack 
across  Mill  Street,  a  public  highway  in  the  City  of  Indianapolis, 
Marion  County,  Indiana,  said  sidetrack  to  run  from  the  east  side  of 
Mill  Street  at  a  point  sixteen  (16)  feet  north  of  the  north  line  of 
West  Seventeenth  Street,  westward  across  said  Mill  Street 
as  per  blue  print  hereto  attached,  and  which  is  for  ^identification 
marked  ''Exhibit  A",  and: 

WHEREAS  on  the  27th  day  of  April,  1926,  Jesse  C.  Moore 
filed  his  petition  before  the  Board  of  Public  Works  in  the  City  of 
Indianapolis,    as    follows: 

"BOARD    OF   PUBLIC    WORKS,    CITY   OF    INDIANAPOLIS, 

Gentlemen : — I  'hereby  respectfully  petition  your  honorable 
body  for  the  privilege  of  extending  across  Mill  Street  and  parallel 
with  the  north  side  of  said  street  at  a  point  sixteen  (16)  feet  north 
thereof,  the  railroad  switch  now  located  on  my  ground  on  the  east 
side  of  Mill  Street  and  north  side  of  Seventeenth  Street,  serving  my 
tenant,  the  Acme  Coal  Company,  said  extension  to  be  as  per  blue 
print  attached,  the  purpose  being  to  give  more  trackage  to  said 
Acme  Coal  Company  that  they  may  the  better  and  more  economically 
serve  their  patrons  and  the  citizens  of  the  northwest  part  of  Indi- 
anapolis. 

NOW,  THEREFORE,  This  Agreement  made  and  entered  into 
this  23rd  day  of  June,  1926,  by  and  between  Jesse  C.  Moore,  of 
the  City  of  Indianapolis,  County  of  Marion,  State  of  Indiana,  party 
of  the  first  part,  and  the  City  of  Indianapolis,  by  and  through  its 
Board  of  Public  Works,  party  of  the  second  part. 

WITNESSETH:  That  the  party  of  the  first  part,  being  de- 
sirous of  securing  the  right  of  way  for  a  sidetrack  or  switch  from 
the  east  side  of  Mill  Street  at  a  point  sixteen  (16)  feet  north  of 
the  north  line  of  West  Seventeenth  Street,  westward  across  said 
Mill  Street,  as  per  blue  print  attached,  in  the  City  of  Indianapolis, 
which  is  more  specifically  described  on  the  blue  print  hereto  at- 
tached and  made  a  part  hereof  as  follows:  From  the  intersection 
of  the  north  line  of  Seventeenth  Street  with  the  east  line  of  Mill 
Street,  in  the  City  of  Indianapolis,  Center  Township,  Marion  County, 
Indiana,  measure  along  said  east  line  of  Mill  Street  Sixteen  (16) 
feet  to  point  "A"  the  place  where  the  proposed  track  extension  en- 
ters Mill  Street;  then  deflecting  ninety  (90°)  degrees  to  the  left 
measure  westerly  across  Mill  Street  fifty  (50°)  degrees  to  point 
"B"  the  place  where  the  proposed  track  extension  reaches  Mill 
Street,  hereby  convenants  and  fully  binds  himself,  his  successors, 
legal  representatives  and  assigns,  that  in  consideration  of  the  grant 
of  the  privileges  and  authority  herein  given  he  will  lay,  construct 
and  maintain  said  track  upon  the  terms  and  conditions  hereinafter 
set  forth,  towit: 

1.  They  shall  be  so  laid,  improved  and  kept  in  repair  as  to 
be  safe  for  persons  on  foot,  in  vehicles  or  otherwise,  and  shall,  at 


September  20,  1926]       city  of  Indianapolis,  injj.  3,55 


all  times,  be  subject  to  the  orders  of  the  Board  of  Public  Works  of 
the  City  of  Indianapolis. 

2.  Said  track  and  switch  shall  be  laid  upon  such  grade  as  shall 
be  established  by  said  Board;  and  shall  be  put  down  under  its  supervi- 
sion and  to  its  satisfaction  and  approval.  Said  track  shall  be  raised 
or  lowered  to  conform  to  any  grade  which  may,  from  time  to  time, 
be  hereafter  established,  when  so  ordered,  in  writing,  by  said  Board, 
and  shall  be  made  to  conform  in  all  respects,  v/ith  any  ordinance 
passed  by  the  Common  Council  or  with  any  Resolution  or  Resolu- 
tions made  by  said  Board,  for  the  elevation  or  depression  of  said 
tracks. 

3.  The  crossing  where  said  track  intersects  shall,  at  all  times, 
be  kept  improved  and  in  repair  and  free  from  obstructions  or  de- 
fects of  any  kind.  No  car  or  cars  shall  be  permitted  to  obstruct  such 
crossing  or  to  be  thereon  except  for  such  time  as  may  be  absolutely 
necessary  in  moving  same  back  and  forth,  they  shall  be  at  no  time 
stopped  or  detained  thereon  in  such  manner  as  to  obstruct  public 
travel. 

4.  Said  party  of  the  first  part  agrees,  upon  the  written  order 
of  said  Board,  made  for  any  good  cause  affecting  the  interests  of 
the  City  or  the  public  welfare,  to  take  up  and  remove  said  track, 
and  upon  said  party's  failure  so  to  do,  upon  such  notification  in 
writing,  of  ten  (10)  days  to  promptly  pay  the  cost  of  having  the 
same  done,  and  the  party  of  the  first  part  hereby  releases  all  claims 
for  damages  whatsoever  that  may  arise  by  reason  of  such  removal; 
and  in  removing  said  track  or  causing  the  same  to  be  done,  said 
Board  shall  in  nowise  become  a  trespasser. 

5.  The  party  of  the  first  part  agrees  to  pave  between  said  track 
to  the  entire  satisfaction  of  the  second  party,  and  in  case  said  tracks 
shall  be  or  become  out  of  repair  or  in  need  of  being  reconstructed 
or  become  in  any  way  defective  (of  which  fact  the  said  Board  shall 
be  the  exclusive  judge,)  it  shall  be  the  duty  of  the  said  party  of  the 
first  part  to  promptly  repair  or  remove  same,  failing  in  which,  after 
notification  in  writing  of  ten  (10)  days  said  Board  shall  do  or  cause 
the  same  to  be  done  at  the  expense  of  the  said  party  of  the  first 
part  and  for  which  expense  and  cost  the  said  party  of  the  first  part 
shall  be  liable. 

6.  The  said  party  of  the  first  part  herein  binds  himself  to 
hold  said  party  of  the  second  part  and  said  City  harmless  from  any 
and  all  claims  for  damages  growing  out  of  the  existence,  maintenance 
or  use  of  said  track,  and  to  pay  any  judgment,  with  costs,  that  may 
on  that  account  be  rendered  against  the  said  party  or  said  City, 
and  also  to  pay  all  necessary  expenses  that  may  be  incurred  by  said 
City  in  defending  against  any  such  claims. 


7.  Any  violation  of  any  of  the  provisions  of  this  instrument 
by  said  party  of  the  first  part,  or  by  anyone  for  it  or  at  its  instance 
or  with  its  permission,  shall  operate  as  an  immediate  and  absolute 
forfeiture  of  the  privileges  and  authorities  given  or  granted  by  this 
contract,  provided,  however,  that  the  same  may  be  terminated  by 
said  Board  as  hereinbefore  set  forth. 


.W.  JOTT&NAt  OF  COMMON  COtTNCIL         [Regular    Meeting 


Said  party  of  the  second  part,  by  virtue  of  the  provisions  of 
an  Act  of  the  General  Assembly  of  the  State  of  Indiana,  entitled: 
"An  Act  Concerning-  Municipal  Corporations,"  approved  March  6, 
1905,  and  in  consideration  of  the  things  hereinbefore  set  forth  and 
upon  the  terms  and  provisions  stipulated,  hereby  gives,  grants 
and  duly  vests  said  party  of  the  first  part  the  right  privilege  and 
authority  to  lay  and  maintain  an  additional  sidetrack  across  Mill 
Street,  in  the  City  of  Indianapolis,  all  as  shown  by  the  drawing" 
attached  hereto,  filed  herewith,  and  for  greater  certainty  marked 
"Exhibit  A."' 

IN  WITNESS  WHEREOF,  we  have  hereunto  set  our  hands  this 
23rd  day  of  June,  1926. 

Jesse.  C.    Moore, 

Party    of    the    first    Part, 

WITNESS:  - 

L.  Cummings,  

CITY   OF   INDIANAPOLIS 

By  K.  C.  Shaneberger,  President, 
L.  H.  Trotter, 
O.  Hack, 

Board  of  Public  Works, 

Party   of   the    Second    Part, 
and 

WHEREAS  said  contract  has  been  submitted  by  the  Board  of 
Public  Works  to  the  Common  Council  of  the  City  of  Indianapolis^ 
for  its  consideration  and  action,  NOW  THEREFORE: 

Section  1.  BE  IT  ORDAINED  BY  THE  COMMON  COUNCIL 
OF  THE  CITY  OF  INDIANAPOLIS,  INDIANA: 

That  such  contract  above  set  forth,  be  and  the  same  is  hereby 
in  all  things  confirmed  and  approved.  ,     ,  ,- 

Section     2.     This  ordinance  shall  be  in  full  force   and  effect 
from  and  after  its  passage.  .....-■- 

EDWARD  B.  RAUB. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Law  and  Judiciary, 

By  Board  of  Safety  r 

GENERAL   ORDINANCE   NO.    74,    L926. 

AN  ORDINANCE,  providing  for  the  free  distribution  of  dogs  im- 
pounded by  the  City  Pound-Keeper,  to  any  person  or  persons 
requesting  the  same,  provided  they  shall,  within  seven  days 
thereafter,  purchase  a  license  for  the  said  dog  or  dogs,  de- 
claring an  emergency,  fixing  a  penalty,  repealing  any  ordinance 
or  ordinances  or  parts  of  ordinances  in  conflict  therewith,  and 

fixing  a  time  when  the  same  shall  take  effect. 


September  20,   1926]     cm    ov   Indianapolis,    ind. 


Be    it    Ordained    by    the    Com nn>;:    ConnvU    of    the    City    of   India. 
Indiana: 

Section  1.  That  it  shall  hereafter  be  unlawful  for  any  per- 
son or  persons  receiving  a  dog  or  dogs  from  the  City  Dog  Pound  to 
harbor  the  same  for  more  than  seven  days  thereafter  without  first 
obtaining  a  license  from  the  City  Controller. 

Seection  2.  That  any  person  or  persons  found  guilty  of  the 
violation  of  this  ordinance  upon  conviction  shall  be  fined  in  any 
sum  not  to  exceed  Twenty-Five  ($25.00)  Dollars. 

Section  3!  That  any  ordinance  or  ordinances,  or  any  parts 
thereof,  in  conflict  with  this  ordinance,  shall  hereby  be  repealed. 

Section  4.  This  ordinance  shall  be  .in  full  force  and  effect 
from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  City  Welfare.       " 

By  Mr.  Dorsett : 

GENERAL  ORDINANCE   NO.    75,   1926. 

AN  ORDINANCE,  governing  the  parking  of  vehicles  on  both  sides 
of  Delaware  street  and  Alabama  street  between  the  north 
property  line  of  Washington  street  and  the  south  property  line 
of  Ohio  street  and  governing  the  parking  of  vehicles  on  Wabash 
Street  between  the  East  property  line  of  Delaware  Street  and 
,  the  West  property  line  of. Alabama  Street,  fixing  a  time  limit 
for  the  same,  repealing  all  ordinances  in  conflict  with  the  same, 
fixing  a  penalty,  declaring  an  emergency,  and  fixing  a  time 
when  the  same  shall  take  effect, 

Be    it    Ordained    by    ike    Common    Council    of    the    City    of   Indianapolis, 
Indiana:  '■ 

Section  1.  That  hereafter  all  vehicles  parking  on  Alabama 
and  Delaware  Streets,  between  Washington  and  Ohio  Streets  shall  be 
parked  at  a  forty-five  degree  (45°)  angle  and  that  the  time  limit 
shall  be  established  at  one  and  one-half  hours,  and  that  all  vehicles 
parking  on  Wabash  Street  between  Delaware  and  Alabama  Street 
shall  park  parallel  to  the  curb,  and  that  the  time  limit  shall  be 
thirty  minutes. 

Section  2.  All  ordinances  or  parts  of  ordinances  in  conflict 
with  this  ordinance  shall  hereafter  be  repealed. 

Section  3.  Any  person  or  persons  found  guilty  of  the  violation 
of  Section  1  of  this  ordinance  shall  be  fined  in  any  sum  not  to  ex- 
ceed Two  ($2.00)  Dollars  for  the  first  violation,  Three  ($3.00) 
Dollars  for  subsequent  violations,  to  which  may  be  added  imprison- 
ment not  to  exceed  ten  (10)  days  in  the  Marion  County  Jail. 


^  journal  of  common  COUNCIL         [  Regular  Meclui! 


Section  4.  This  ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

WALTER  R.  DORSETT 

Which  was  read  a  first  taime  and  referred  to  a  Spe- 
cial Committee  consisting  of  Mr.  Raub,  chairman; 
Messrs.  Springsteen,  Albertson,  Dorsett  and  Todd. 

By  Mr.  Dorsett: 

GENERAL  ORDINANCE   NO.   76,   1926. 

AN  ORDINANCE,  changing  the  name  of  Sixteenth  Street  which  ex- 
tends from  Dearborn  Streets  to  the  Belt  Railroad  and  renaming* 
the  same  "Brookside  Parkway  South  Drive"  in  the  City  of 
Indianapolis,  Indiana. 

Be   it    Ordained    by    the    Common    Council   of   the   City   of  Indianapolis, 
Indiana: 

Section  1.  That  the  name  of  the  street  now  known  as 
"Sixteenth  Street"  extending  from  Dearborn  Street  to  the  Belt 
Railroad  is  hereby  changed  to  and  renamed,  "Brookside  Parkway 
South  Drive." 

Section  2.  This  Ordinance  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

WALTER  R.  DORSETT,  Councilman. 

Which  was  read  a  first  time  and  referred  to  the  Com- 
mittee on  Law  and  Judiciary. 

INTRODUCTION  OF  MISCELLANEOUS  BUSINESS 

Mr.  Raub  presented  the  following  written  motion: 

WHEREAS  the  attached  remonstrance  was  signed  and  ready 
for  presentation  to  this  council  at  its  regular  meeting-  on  the  sixth 
day  of  September  1926;  and 

WHEREAS  August  M.  Kasper  et  al.,  appeared  at  the  council 
chamber  on  said  date,  but  as  no  meeting  was  held,  were  unable  to 
present  same;  and 

WHEREAS  Gen.  Ordinance  No.  62  was  passed  by  the  Council, 
September  4th,  1926,  same  being  two  days  prior  to  the  date  con- 
sideration was  to  have  been  had  on  said  ordinance  and  the  hearing- 
of  remonstrances: 

NOW  therefore  be  it  resolved  that  said  remonstrance  which  is 
attached  hereto,  shall  be  set  forth  in  the  proceedings  of  this  council. 

EDWARD  B.  RAUB,  Councilman. 


September  20,   1926]      city    of    Indianapolis,    ind.  359 


The  above  motion  was  seconded  by  Mr.  Ferguson. 

Mr.  Albertson  stated  that  Mr.  Raub's  motion  was  out 
of  order,  inasmuch  as  the  petition  was  not  presented  to 
the  Council  before  the  passage  of  the  Ordinance  to  which 
objection  was  made. 

President  Moore  sustained  Mr.  Albertson's  point  of 
order. 

Mr.  Raub  appealed  to  the  Council  from  the  Presi- 
dent's decision. 

The  President's  decision  upholding  Mr.  Albertson's 
point  of  order  was  sustained  by  the  following  vote : 

Ayes,  5,  viz.:  Messrs.  Albertson,  Bartholomew,  Dor- 
sett,  Todd  and  President  Moore. 

Noes,  3,  viz.:  Messrs.  Ferguson,  Raub  and  Spring- 
steen. 

Mr.  Bartholomew  presented  the  following  Resolu- 
tion, which  was  passed  unanimously: 

We,  trie  members  of  the  Indianapolis  City  Council,  extend  our 
sympathy  to  the  hurricane  sufferers  of  the  State  of  Florida. 

We,  the  Legislative  body  of  this  "No  Mean  City"  are  willing 
to  extend  aid  and  assistance  to  any  extent  that  lies  within  our 
power. 

BOYNTON   J.    MOORE,    President 
OTIS   E.   BARTHOLOMEW 
WALTER  R.  DORSETT 
AUSTIN  M.  TODD 
O.  RAY  ALBERTSON 
M.  W.  FERGUSON 
ROBT.  E.  SPRINGSTEEN 
EDWARD    B.    RAUB 

Call  for  Ordinances  on  second  reading: 

Mr.  Albertson  called  for  General  Ordinance  No.  56 
for  second  reading.    It  was  read  a  second  time. 

On  motion  of  Mr.  Bartholomew,  seconded  by  Di\ 
Todd,  General  Ordinance  No.  56  was  ordered  engrossed, 
read  a  third  time  and  placed  upon  its  passage. 

General  Ordinance  No.  56  was  read  a  third  time  and 
passed  by  the  following  vote: 


360  journal  of  common  council         [Regular  Meeting 

# 

Ayes,  6,  viz.:  Messrs.  Albertson,  Bartholomew,  Fer- 
guson, Springsteen,  Todd  and  President  Moore. 

Noes,  2,  viz. :  Messrs.  Dorsett  and  Raub. 

Mr.  Bartholomew  called  for  Appropriation  Ordi- 
nance No.  4  for  second  reading.  It  was  read  a  second 
time. 

On  motion  of  Dr.  Todd,  seconded  by  Mr.  Bartholo- 
mew, Appropriation  Ordinance  No.  4  was  ordered  en- 
grossed, read  a  third  time  and  placed  upon  its  passage. 

Appropriation  Ordinance  No.  4  was  read-a  third  time 
and  passed  by  the  unanimous  vote  of  the  Council. 

Mr.  Albertson  called  for  Appropriation  Ordinance 
No.  5  for  second  reading.    It  was  read  a  second  time. : 

On  motion  of  Mr.  Bartholomew,  seconded  by  Dr. 
Todd,  Appropriation  Ordinance  No.  5  was  ordered  en- 
grossed, read  a  third  time  and  placed  upon  its  passage. 

Appropriation  Ordinance  No.  5  was  read  a  third  time 
and  passed  unanimously. 

Mr.  Albertson  cal