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INDIANA IJNivrs'Viy
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Digitized by the Internet Archive
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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

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

Table of Gene

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Finance

City Welfare __
Parks

Public Safety __

Special

City Welfare .

Special

Finance

City Welfare __

Public Safety__

City Welfare-

Transfer of funds — $75 — Dept.
of Law

Regulation of Retail Sale of Coal
and Coke

Repeals Sects. 381 and 382 of
1925 Code

Regulating Interurban Traction

Trains

Setting License Fee of Junk
Dealers — $1,000 __

Prohibiting Use of Sidewalks for
Sale of Merchandise

Transfer of Funds— $2,000 —
Dept. of Public Works

Asphalt Plant Personnel

Barrett Law Interest

Switch Contract, Link Realty Co.

Clifton St., Preferential

Daylight Saving

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City Controller
Bartholomew _

Mr, Dorsett

Bartholomew _

Mr. Dorsett

Dr. Todd

Bartholomew _
City Controller
City Controller
Bartholomew _

Dr. Todd

Bartholomew _

Introduced

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Read First

Time

|Apr. 19
Apr. 19
May 3

|May 3

May 3
May 3
May 6
May 17
May 17
May 17
May 17
May 28

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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:

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

WILLIAM A. BOYCE,

City Clerk.

Which was read.

The Clerk called the roll.

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.

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.

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.

(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. .

(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,

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

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

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

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.

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

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

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