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JOURNALS 

OF    THE  ** 

COMMON   COUNCIL 


CITY   OF   INDIANAPOLIS 


OCTOBER   14,   1897,   TO   OCTOBER  9,    1899,    INCLUSIVE 


Thomas  J.  Montgomery,  President 

(Resigned  October  26,  1897.) 

JOHN  H.  MAHONEY,  President 

^Elected  October  26,  1897.) 

GEORGE  R.  COLTER,  Vice-President 

CHAS.  H.  STUCKMEYER,  City  Clerk 


INDIANAPOLIS: 

SENTINEL  PRINTING  COMPANY,  PRINTERS  AND  BINDERS. 

'      1899. 


Indiana  uN'vmmr 

INDIANAPOLIS  I        ^HOOL 
UBRARY. 


3 


>* 


Q5375 


Roster  of  City  Officers  and  Official  Boards. 


As   Provided  for  by  the  Following   Entitled    Act  of  the  General 
Assembly  of  the  State  of  Indiana,  approved  March  6,  1891: 

'"An  Act  concerning  the  incorporation  and  government  of  cities  having  more 
than  one  hundred  thousand  population,  according  to  the  last  preceding 
United  States  census,  and  matters  connected  therewith,  and  declaring  an 
emergency." 


CITY  OFFICIALS. 

Mayor THOMAS  TAGGART. 

City  Clerk CHARLES  H.  STUCKMEYER. 

Deputy  City  Clerk AUGUST  TAMM. 

Judge  Police  Court CHARLES  E.  COX. 

Superintendent  of  Police JAMES  F.  QUIGLEY. 

City  Comptroller , .  EUDORUS  M.  JOHNSON. 

Deputy  City  Comptroller JOHN  M.  SULLIVAN. 

City  Attorney JOHN  W.  KERN. 

Deputy  City  Attorney JOSEPH  E.  BELL. 

City  Civil  Engineer BERN  A  RD  J.  T.  JEUP. 

Superintendent  of  Parks J.  CLYDE  POWER. 

Superintendent  of  Streets GEORGE  H.  HERPICK. 

Sweeping  and  Sprinkling  Inspector.  .CHARLES  A.  GARRARD. 

Building  Inspector JOHN  C.  ROBINSON. 

Chief  Clerk  Assessment  Bureau MYRON  D.  KING. 

City  Sanitarian DR.  EDMUND  D.  CLARK. 


4  . 

>  *  INDIANA  UN'VFRSITY 

^  INDIANAPOLIS  LAW  SCHOOL 

^  LIBRARY,  . 


OFFICIAL  BOARDS. 


BOARD  OF  PUBLIC  WORKS. 

Chairman MICHAEL  A.  DOWNING. 

THOMAS  J.  MONTGOMERY.       W.  SCOTT  MOORE. 

Clerk : BART  PARKER. 

(Resigned  March  1,  1898.) 

CHARLES  H.  SPENCER. 

(Appointed  March  1,  1898.) 

BOARD  OF  PUBLIC  SAFETY. 

Chairman CHARLES  MAGUIRE. 

(Resigned  April  1,  1898.) 
Chairman FREDERICK  J.  MACK. 

(Elected  April  6,  1898.) 

CHARLES  C.  ROTH.         THOMAS  J.  MORSE. 

(Appointed  April  6, 1898.) 
Clerk RICHARD  C.  HERRICK. 

(Resigned  April  1, 1898.) 

EDWARD  H.  DAVIS. 

(Appointed  April  1,  1898.) 

BOARD  OF  HEALTH  AND  CHARITIES. 

President FRANK  A.  MORRISON,  M.  D. 

CHARLES  O.  DURHAM,  M.  D.     JOHN  E.  LOCKRIDGE,  M.  D. 

Secretary  and  City  Sanitarian EDMUND  D.  CLARK,  M.  D. 

Clerk J.  B.  GWIN. 


BOARD  OF  PARK  COMMISSIONERS. 

(Appointed  March  8, 1899,  in  compliance  with  Act  of  Legislature,  March  4,  1899.) 

President WILLIAM  E.  ENGLISH. 

(Term  expires  January  1, 1903.) 

CHARLES  E.  COFFIN.  ISAAC  KING. 

(Term  expires  January  1, 1902.)  (Term  expires  January  1, 1901.) 

GEORGE  MERRITT. 

(Term  expires  January  1,  1900.) 

Clerk  OTIS  C.  HANN. 


Officers  and  Members  of  Common  Council, 


President THOMAS  J.  MONTGOMERY. 

(Resigned  October  26,  1897.) 

JOHN  H.  MAHONEY. 

(Elected  October  26, 1897.) 

Vice-President GEORGE  R.  COLTER. 

Clerk .CHARLES  H.  STUCKMEYER. 

Deputy  Clerk AUGUST  TAMM. 

Sergeant-at-Arms JOHN  F.  KURTZ. 


COUNCILMEN-AT-LARGE. 
JOHN  H.  MAHONEY.  THOMAS  J.  MONTGOMERY. 

ROBERT  M.  MADDEN.  ■     (Resigned  October  26, 1897.) 

JAMES  H.  COSTELLO.  EDWARD  W.  LITTLE. 

ALBERT  E.  RAUCH.  (Elected  November  22, 1897.) 

ALBERT  HARSTON. 


COUNCILMEN  REPRESENTING  THE  FIFTEEN  WARDS. 

First  Ward WILLIS  F.  SMITH. 

Second  Ward JOHN  R.  ALLEN. 

Third  Ward JOHN  H.  CRALL. 

Fourth  Ward THOMAS  A.  BOWSER. 

Fifth  Ward RICHARD  MERRICK. 

Sixth  Ward : EDWARD  D.  MOFFETT. 

Seventh  Ward GEORGE  W.  SHAFFER. 

Eighth  Ward JOHN  A.  VON  SPRECKELSEN. 

Ninth  Ward FRANK  S.  CLARK. 

Tenth  Ward GEORGE  R.  COLTER. 

Eleventh  Ward JOHN  H.  SCANLON. 

Twelfth  Ward JAMES  W.  McGREW. 

Thirteenth  Ward EDWARD  E.  BERNAUER. 

Fourteenth  Ward WILLIAM  W.  KNIGHT. 

Fifteenth  Ward JOHN  M.  HIGGINS. 


Standing  Committees. 


1.    Committee  on  Accounts  and  Claims. 
Councilmen  Merrick,  Bernauer,  Crall. 

2.    Contracts  and  Franchises 
Councilmen  Colter,  Madden,  Knight,  Little,  Costello,  V^n  Spreckelsen,Seanlon, 

Rauch,  Shaffer. 

3.     Elections. 
Councilmen  Scanlon,  Clark,  Bowser. 

4.    Fees  and  Salaries. 
Councilmen  Bernauer,  Moffett,  Harston. 

5.    Finance. 
Councilmen   Costello,    Clark,    Smith,    Madden,    McGrew,    Bernauer,    Moffett, 

Merrick,  Allen. 

6.    Judiciary. 
Councilmen  Rauch,  Little,  Allen. 

7.    Ordinances. 
Councilmen  Von  Spreckelsen,  Colter,  Shaffer. 

8.     Printing. 
Councilmen  Harston,  McGrew,  Allen. 

9.  Public  Health. 
Councilmen  Moffett,  Higgins,  Shaffer. 

10.  Public  Morals. 
Councilmen  Smith,  Knight,  Bowser. 

11.    Public  Property  and  Improvements. 
Councilmen  McGrew,  Merrick,  Crall. 

12.     Public  Safety  and  Comfort. 
Councilmen  Clark,  Rauch,  Smith,  Moffett,  Bowser. 

13.    Railroads. 
Councilmen  Knight,  Bernauer,  Higgins,  Colter,  Harston,  Little,  Crall. 

14.    Rules. 
Councilmen  Mahoney,  Harston,  Crall. 

15.    Sewers,  Streets  and  Alleys. 
Councilmen  Higgins,  Scanlon,  Von  Spreckelsen,  Moffett,  Bowser. 

16.     Investigation  and  Impeachment. 
Councilmen  Madden,  Costello,  Allen. 


Calendar  Scions  of  Common  Council 

From  October  14,  1897,  to  October  9,  1899,  inclusive. 


PAGE. 

Kegular  session October  14,  1897 1 

Regular  session October  21,  1897 7 

Special  session October  26,  1897 . .    11 

Regular  session November  1,  1897 13 

Special  session November  8,  1897 31 

Regular  session November  15,  1897 35 

Special  session November  22,  1 897 45 

Special  session November  29,  1 897 49 

Regular  session December  6,  1 897 65 

Regular  session December  20,  1897 79 

Special  session December  23,  1897 93 

Regular  session January  3,  1898 99 

Regular  session January  17,  1898 107 

Special  session January  19,  1898 129 

Regular  session February  7,  1898 139 

Regular  session February  21,  1898 1 57 

Regular  session March  7,  1898 179 

Regular  session March  21,  1898 189 

Regular  session April  4,  1898 203 

Regular  session April  18,  1898 - 209 

Special  session April  22,  1898 213 

Regular  session May  2,  1898 229 

Special  session May  4,  1898 235 

Regular  session May  16,  1898 259 

Special  session May  18,  1898 273 

Special  session May  19,  1898 291 

Regular  session June  6,  1898 295 

Regular  session June  20,  1898 311 

Regular  session July  4,  1898 319 

Special  session July  8,  1898 321 

Special  session July  9,  1898 343 

Regular  session July  18,  1898 347 

Special  session July  27,  1898 353 

Regular  session August  1,  1898 359 

Special  session August  10,  1898 361 

Regular  session August  15,  1898 365 


Calendar  of  Sessions. 


Kegular  session September  5,  1898  . 

Special  session September  7,  1898  . 

Kegular  session September  19,  1898 

Special  session September  26,  1898 

Regular  session October  3,  1898 

Regular  session. , October  17,  1898. . . 

Regular  session November  7,  1898. . 

Regular  session November  21 ,  1898 . 

Regular  session December  5,  1898 .  . 

Regular  session. December  19,  1898. 

Regular  session January  2,  1899  . . . 

Regular  session January  16,  1899  . . 

Special  session January  23,  1899  . . 

Special  session January  30,  1899  . . 

Regular  session February  6, 1899 . . . 

Regular  session February  20,  1899 .  . 

Regular  session March  6,  1899 

Special  session March  13,  1899.  . . . 

Special  session March  15,  1899 .... 

Regular  session March  20,  1899 

Regular  session April  3,  1899 

Special  session April  6,  1899 

Special  session April  7,  1899 

Regular  session April  17,  1899 

Regular  session May  1,  1899 

Regular  session May  15,  1899 

Regular  session June  5,  1899 

Regular  session June  19,  1899 

Special  session June  29,  1899 

Regular  session July  3,  1899 

Regular  session July  17,  1899 

Special  session July  24,  1899 

Regular  session August  7,  1899  .... 

Regular  session August  21,  1899  . . . 

Special  session August  23,  1899  . . . 

Regular  session September  4,  1899  . 

Special  session September  7,  1899  - 

Special  session September  8,  1899  . 

Regular  session September  18,  1899 

Regular  session October  2,  1899 

Special  session October  7,  1899.  . . . 

Special  session October  9,  1899 . . . . 


Table  of  General  Ordinances. 


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A   KEFEREKCE  INDEX 

TO  THE 

SUBJECT-HEADINGS 

USED  IN  THE  FOLLOWING^  INDEX. 


PAGE 

Annexation 1 

Appropriations 2 

Barbed  Wire  Fences 7 

Board  of  Health  and  Charities 7 

Board  of  Park  Commissioners 8 

Board  of  Public  Safety 8 

Board  of  Public  Works 8 

Bonds 10 

Bonds— Official 11 

Boundaries — Wards  and  Precincts 11 

Boxing  Matches 12 

Brewery  and  Distillery  License 12 

Building  Inspector 13 

Burning  of  Weeds,  Leaves,  Kubbish,  etc 13 

Calliopes 14 

Cattle,  Sheep,  Hogs,  etc 14 

Cigarettes - 14 

City  Attorney 14 

City  Civil  Engineer 15 

City  Clerk 15 

City  Comptroller 15 

City  Dispensary 17 

City  Officers  and  Employes 17 

City  Property — Purchase  and  Sale  of 19 

Committee  of  the  Whole 21 

Committees — Special 21 

Committees — Special — Keports  of 22 

Committees — Standing 22 

Committees — Standing— Reports  of 22 

Curfew 25 

Custodian 26 

Disannexation 26 

Dogs 26 

Elections 26 

Electric  Light  and  Power 27 

Elevation  of  Railroad  Tracks 28 


A  Reference  Index  to  Subject-headings. 


.  PAGE 

Express  Wagons 28 

Fences — Barbed  Wire 29 

Fire  Limits 29 

Flagmen 30 

Garbage  and  Night  Soil 31 

Gas— Artificial 32 

Hauling  of  Sand,  Gravel,  etc 32 

Hotels 32 

Ice 33 

Inspection 33 

Lawns 34 

License 34 

Markets 36 

Mayor 37 

Meetings— Public 39 

Miscellaneous 39 

Morgues 41 

Motions 41 

Nuisance — Public 42 

Parks 42 

Pawnbrokers 44 

Peddling 44 

Petitions 44 

Plumbing  Inspector 45 

Porticos  and  Vestibules — Erection  of 46 

Public  Health 46 

Public  Meetings 47 

Railroads 47 

Resignation    47 

Resolutions 47 

Salaries 50 

Sand,  Gravel  and  Dirt 53 

Seco:  d-Hand  and  Junk  Dealers 53 

Seller's  Farm 53 

Shows 54 

Sidewalks 54 

Slot  Machines 55 

Smoke 55 

Snow  and  Ice — Keep  Sidewalks  free  from 55 

Soliciting 55 

Spitting 56 

Sprinkling 57 

Stock  Yards 57 

Streets — 

Alley,  first  east  of  Meridian  street 57 

Andrews  street 57 

Davidson  street 58 

Dewey  avenue 58 


A  Reference  Index  to  Subject-headings.  xvii 

PAGE 

Streets — Continued. 

Eleventh  street , 58 

Fourteenth  street 58 

Huron  street 59 

Karcher  street 59 

Keith  street 60 

LaPorte  avenue GO 

Lexington  avenue 60 

Louisa  street 60 

Marlowe  avenue 60 

Morris  street 60 

New  Jersey  street 61 

New  York  street 61 

Nowland  avenue 61 

Peru  avenue .  61 

Pine  street 62 

Kural  street 62 

Southeastern  avenue 62 

State  street 62 

St.  Joseph  street 63 

Tenth  street 63 

Webster  street 64 

Streets,  Miscellaneous — 

Burning  of  Weeds,  Leaves,  Trash,  etc 64 

Cattle,  Sheep,  Hogs,  etc. — Driving  of  Through  Streets 64 

Feeding  of  Horses,  Mules,  etc 64 

Peddling— Forbidden  on  Certain  Streets 64 

Soliciting  of  Custom  on  Streets 65 

Traction  and  Other  Engines — Propelling  of 65 

Trees — Planting  of  Along  Streets 65 

Street  Railway 65 

Switches  and  Side-Tracks 66 

Tax  Levy — Annual 68 

Telephone 68 

Theaters,  Opera  Houses  and  Shows 69 

Traction  Engines 69 

Transfer  of  Funds 70 

Trees 71 

Undertaking  Establishments 71 

Vapor  Lights 71 

Vaults 72 

Vehicles 72 

Voting  Machines 74 

Ward  and  Precinct  Boundaries 74 

Water , 74 

Weeds,  Leaves,  Rubbish,  etc. — Burning  of 75 


AN  INDEX 


urnal  of  the  Common  Council 

i 

OF   THE 

CITY   OF    INDIANAPOLIS, 
FROM  OCTOBER  14,  1897,  TO  OCTOBER  9,  1899. 


ANNEXATION. 


No.  24,  1898.  An  ordinance  annexing  certain  territory  to  the  City 
'  Indianapolis,  Indiana,  and  fixing  a  time  when  the  same  shall  take 
■feet.    (Rural  street,  east  of  Woodside.) 

luced 205 

first  time  and  referred 208 

n'ttee  report 752 

second  time,  amended,  ordered  engrossed,  read  third  time  and 

sed 753 

)ved  by  Mayor 756 

I  •  No.  70,  1898.  An  ordinance  annexing  certain  territory  to  the  City 
r  Indianapolis,  and  fixing  a  time  when  the  same  shall  take  effect, 
•iverside  Park.) 

luced 423 

first  time  and  referred 424 

.    ,  uittee  report 438 

second  time,  ordered  engrossed,  read  third  time  and  passed..  .  449 
>ved  by  Mayor 452 

0.  No.  71,  1898.    An  ordinance  annexing  certain  territory  to  the  City 

if  Indianapolis,  and  fixing  a  time  when  the  same  shall  take  effect. 

vTorth  of  Fall  Creek,  between  Meridian  street  and  Central  avenue.) 

luced  421 

first  time  and  referred 424 

No.  36,  1899.  An  ordinance  annexing  certain  territory  to  the  City 
o!;  Indianapolis,  and  fixing  the  time  when  the  same  shall  take  effect. 
■  Adjacent  to  Clark  &  Mick's  Hanghville  Addition.) 

dnced  675 

first  time  and  referred 076 

ion  requesting  passage  of  ordinance 676 

nittee  report 712-3 

id  second  time,  amended,  ordered  engrossed,  read  third  time  and 

seel 721 

oved  by  Mayor 730 


An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


APPROPRIATIONS. 

App.  O.  No.  19,  1897.  An  ordinance  appropriating  the  sum  of  $2,876.23 
to  pay  election  expenses,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Introduced 8 

Read  first  time  and  referred 8 

Committee  report 17-18 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .      28 
Approved  by  Mayor November  2,  1897 

App.  O.  No.  20,  1897.  x\n  ordinance  appropriating  certain  sums  of  money 
to  the  Department  of  Finance,  to  the  Department  of  Public  Works, 
to  the  Department  of  Public  Safety,  and  to  the  Department  of  Pub- 
lic Health  and  Chanties,  and  fixing  the  time  when  the  same  shall 
take  effect.  ' 

Introduced 19 

Read  first  time  and  referred 20 

Committee  report 40 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .      43 
Approved  by  Mayor 50 

App.  O.  No.  21,  1897.  An  ordinance  appropriating  the  sum  of  eighteen 
thousand  eight  hundred  and  seventy-two  dollars  and  seventy-five 
cents  ($18,872.75)  for  the  use  of  the  Department  of  Finance  of  the 
City  of  Indianapolis,  Indiana,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Introduced 58 

Read  first  time  and  referred 59 

Committee  report 81 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .      90 
Approved  by  Mayor 94 

App.  O.  No.  22,  1897.  An  ordinance  appropriating  the  sum  of  five  hun- 
dred dollars  ($500)  for  the  use  of  the  Department  of  Public  Health 
and  Charities  during  the  year  of  1898,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Introduced 82 

Read  first  time  and  referred 83 

Committee  report 100 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    106 
Approved  by  Mayor r 109 

App.  O.  No.  1,  1898.  An  ordinance  appropriating  the  sum  of  one  hun- 
dred and  twenty-five  dollars  ($125)  with  which  to  pay  a  certain  claim 
made  by  virtue  of  Section  8  of  an  act  entitled  "An  act  to  better  regu- 
late and  restrict  the  sale  of  intoxicating  and  malt  liquors,"  etc.,  ap- 
proved March  11,  1895,  and  fixing  the  time  when  the  same  shall  take 
effect. 

Introduced    121 

Read  first  time  and  referred 122 

Committee  report 132-3 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    155 
Approved  by  Mayor 1 57-8 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council. 


App.  O.  No.  2,  1898.  An  ordinance  appropriating  the  sum  of  forty-three 
thousand  nine  hundred  and  seventy-six  dollars  and  sixty-one  cents 
($43,976.(31)  for  the  use  of  the  Department  of  Public  Works  of  the 
City  of  Indianapolis,  and  the  sum  of  forty-one  thousand  eight  hun- 
dred and  twenty-six  dollars  and  thirty-one  cents  ($41,820.31)  for  the 
use  of  the  Department  of  Public  Safety  of  the  City  of  Indianapolis, 
and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 133 

Read  first  time  aud  referred 134 

Committee  report 143 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. ..    15(5 
Approved  by  Mayor 157-8 

App.  O.  No.  3,  1898.  An  ordinance  appropriating  the  sum  of  four  thou- 
sand two  hundred  dollars  ($4,200)  for  the  use  of  the  Department  of 
Public  Works  of  the  City  of  Indianapolis,  Indiana,  and  fixing  a  time 
when  the  same  shall  take  effect. 

Introduced 140 

Read  first  time  and  referred 140 

Committee  report 165 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    170 
Approved  by  Mayor t 179 

App.  O.  No.  4,  1898.  An  ordinance  appropriating  the  sum  of  one  hun- 
dred and  six  dollars  and  sixteen  cents  with  which  to  pay  a  certain 
claim  made  by  reason  of  the  City  Comptroller  issuing  a.  liquor  license 
to  John  Hoffman,  on  the  4th  day  of  January,  1898,  to  do  business  on 
the  premises  known  as  old  No.  199  Meek  street,  in  (the  City  Of  In- 
dianapolis, upon  which  premises  a  license  had  already  been  issued 
by  said  Comptroller  to  one  James  Reilly  on  rthe  9th  day  of  June,  1.897. 

Introduced 140 

Read  first  time  and  referred 147 

Committee  report 104-5 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  180-7 

Approved  by  Mayor 190-1 

App.  O.  No.  5,  1898.  An  ordinance  appropriating  the  sum  of  tone  hun- 
dred four  dollars  and  seventeen  cents  ($104.17)  with  which  to  pay  a 
certain  claim  made  by  virtue  of  Section  8  of  an  act  entitled  "An  act 
to  better  regulate  and  restrict  the  sale  of  intoxicating  and  malt 
liquors,"  etc.,  approved  March  11,  1S95,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced 170 

Read  first  time  and  referred 1 70 

Committee  report 191 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    199 
Approved  by  Mayor 203-4 

App.  O.  No.  0,  1898.  An  ordinance  appropriating  the  sum  of  twenty- 
eight  dollars  and  eight  cents  ($28.08)  for  the  use  of  the  Department 
of  Finance  during  the  year  1897,  and  fixing  the  time  when  the  same 
shall  take  effect/ 

Introduced 20  s 

Read  first  time  and  referred 268 

Committee  report 297 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed.. .    30'.) 
Approved  by  Mayor 311-12 


An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


App.  O.  No.  7,  1898.  An  ordinance  appropriating  the  sum  of  seven  hun- 
dred dollars  ($700)  for  the  use  of  the  Department  of  Public  Safety, 
and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced    350 

Read  first  time  and  referred 350 

Committee  report 354 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    357 
Approved  by  Mayor 362 

App.  O.  No.  8,  1898.  An  ordinance  appropriating  the  sum  of  five  thou- 
sand dollars  ($5,000)  for  the  use  of  the  Department  of  Public  Works 
during  tl\e  year  1898,  and  fixing  a  time  when  the  same  shall  take 
effect. 

Introduced 382 

Read  first  time  and  referred 382 

Committee  report 401 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    403 
Approved  by  Mayor 409-10 

App.  O.  No.  9,  189S.  An  ordinance  appropriating  moneys  for  the  pur- 
pose of  defraying  current  expenses  of  the  city  government  of  the  City 
of  Indianapolis,  Indiana,  and  for  the  use  of  the  several  executive  de- 
partments thereof,  for  the  fiscal  year  beginning  January  1,  1899,  and 
ending  December  31.  1899,  including  all  outstanding  claims  and 
obligations  which  become  due  and  payable  Within  said  period,  and 
fixing  a  time  when  the  same  sball  take  effect. 

Introduced 382 

Read  first  time  and  referred 3S8 

Committee   report 402 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 402-3 

Approved  by  Mayor 409-10 

App.  O.  No.  10.  1898.  An  ordinance  appropriating  the  sum  of  ninety- 
three  dollars  and  fifteen  cents  ($93.15)  with  which  to  pay  certain 
claims  made  by  virtue  of  Section  8  of  an  act  entitled  "An  act  to 
better  regulate  and  restrict  the  sale  of  intoxicating,  vinous  and  malt 
liquors,"  etc.,  approved  March  11,  1895,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced 421 

Read  first  time  and  referred 422 

Committee  report 437 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .447-8 
Approved  by  Mayor. . .  , , 452 

App.  O.  No.  1,  1899.  An  ordinance  appropriating  the  sum  of  five  hun- 
dred dollars  ($500)  for  the  Use  of  the  Department  of  Finance  of  the 
City  of  Indianapolis,  Indiana,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Introduced 464 

Read  first  time  and  referred 464 

Committee  report 471 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    474 
Approved  by  Mayor 482 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council. 


App.  O.  No.  2,  1899.  All  ordinance  appropriating  the  sum  of  two  thou- 
sand dollars  for  the  use  of  the  Department  of  Public  Health  and 
Charities  of  the  City  of  Indianapolis,  Indiana,  and  fixing  the  time 
when  the  same  shall  take  effect. 

Introduced 485 

Read  first  time  and  referred 485 

Committee  report 503-4 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed.. 510-11 
Approved  by  Mayor 514 

App.  O.  No.  3,  1899.  An  ordinance  appropriating  the  sum  of  three  hun- 
dred eighty-seven  dollars  and  thirty-six  cents  ($387.30)  with  which  to 
pay  certain  claims  made  by  virtue  of  Section  8  of  an  act  entitled  "An 
act  to  better  regulate  and  restrict  the  sale  of  intoxicating,  vinous 
and  malt  liquors,"  etc.,  approved  March  11,  1895,  and  fixing  the  time 
wiien  the  same  shall  take  effect. 

Introduced 504 

Read  first  time  and  referred 505 

Committee  report 532 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    548 
Approved  by  Mayor : 552 

App.  O.  No.  4,  1899.  An  ordinance  appropriating  the  sum  of  one  thou- 
sand dollars  for  the  use  of  the  Department  of  Public  Health  and 
Charities  of  the  City  of  Indianapolis,  Indiana,  and  fixing  the  time 
when  the  same  shall  take  effect. 

Introduced  523 

Read  first  time  and  referred 523 

Committee  report 534 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    548 
Approved  by  Mayor 552 

App.  O.  No.  5,  1899.  An  ordinance  appropriating  the  sum  of  one  hun- 
dred fifty-nine  dollars  and  twenty-five  cents  ($159.25)  with  which  to 
pay  a  certain  claim  made  by  virtue  of  Section  8  of  an  act  entitled 
"An  act  to  better  regulate  and  restrict  the  sale  of  intoxicating,  vin- 
ous and  malt  liquors,"  etc.,  approved  March  11,  1895,  and  fixing  the 
time  when  the  same  shall  take  effect. 

Introduced 523 

Read  first  time  and  referred 524 

Committee   report 532 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    547 
Approved  by  Mayor 552 

App.  O,  No.  0,  1899.  An  ordinance  appropriating  the  sum  of  two  thou 
sand  dollars  ($2,000)  for  the  use  of  the  Department  of  Public  Health 
and  Charities  of  the  City  of  Indianapolis,  Indiana,  and  fixing  a  time 
when  the  same  shall  take  effect. 

Introduced 561 

Read  first  time  and  referred 561 

Committee  report 505 

Read  second  time,  ordered  engrossed,'  read  third  time  and  passed..  .    570 
Approved  by  Mayor 573-4 

App.  O.  No.  7.  1899.  An  ordinance  appropriating  the  sum  of  two  hun- 
dred dollars  ($200)  to  the  Department  of  Finance,  to  be  expended 
towards  defraying  the  expenses  attending  the  proper  observance  of 
Memorial  Day,  May  30,  1899,  at  Indianapolis,  Marion  county,  Indi- 
ana, and  fixing  the  time  when  the  same  shall  take  effect. 


An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


Introduced 579 

Read  first  time  and  referred 579 

Committee  report 610 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .  613 

A  pproved  by  Mayor 616 

App.  O.  No.  8,  1899.  An  ordinance  appropriating  the  sum  of  four  thou- 
sand two  hundred  dollars  ($4,200)  for  the  use  of  the  Department  of 
Public  Works  of  the  City  of  Indianapolis,  and  fixing  a  time  when 
the  same  shall  take  effect. 

Introduced v 579 

Read  first  time  and  referred 580 

Committee  report 610 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    613 
Approved  by  Mayor 610 

App.  O.  No.  9,  1899.  An  ordinance  appropriating  four  hundred  dollars 
($400)  for  the  use  of  the  Department  :of  Public  Safety  for  the  City 
of  Indianapolis,  and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 580 

Read  first  time  and  referred 580 

Committee   report 611 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    613 
Approved  by  Mayor. 616 

App.  O.  No.  10,  1899.  An  ordinance  appropriating  the  sum  of  three 
thousand  one  hundred  dollars  ($3,100)  for  the  use  of  the  Department 
of  Public  Parks  of  the  City  of  Indianapolis,  and  fixing  a  time  when 
the  same  shall  take  effect. 

Introduced 580 

Read  first  time  and  referred 5S0 

Committee  report 611 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    614 
Approved  by  Mayor 616 

App.  O.  No.  11,  1899.  An  ordinance  appropriating  the  sum  of  two  thou- 
sand dollars  ($2,000)  for  the  use  of  the  Department  of  Public  Health, 
and  Charities  of  the  City  of  Indianapolis,  Indiana,  and  fixing  a  time 
when  the  same  shall  take  effect. 

Introduced 617 

Read  first  time  and  referred 618 

Committee  report 623 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .628-9 
Approved  by  Mayor 631 

A.pp.  O.  No.  12.  1899.  An  ordinance  appropriating  the  'sum  of  fifteen 
hundred  dollars  for  the  use  of  the  Department  of  Public  Works  of 
the  City  of  Indianapolis,  Indiana,  and  fixing  a  itime  when  the  same 
shall  take  effect. 

Introduced 633 

Read  first  time  and  referred 634 

Committee  report 642 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    648 
Approved  by  Mayor 650 

App.  O.  No.  13,  1899.  An  ordinance  appropriating  the  sum  of  two  thou- 
sand dollars  ($2,000)  for  the  use  of  the  Department  of  Tublic  Health 
and  Charities  of  'the  City  of  Indianapolis,  Indiana,  and  fixing  a  time 
when  the  same  shall  take  effect. 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council. 


Introduced 060 

Read  first  time  and  referred 669 

Committee  report 683 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .  08 1; 

Approved  by  Mayor 690 

App.  O.  No.  14,  1899.  An  ordinance  appropriating  the  sum  of  one  thou- 
sand dollars  ($1,000)  for  the  use  of  the  Department  of  Public  Safety 
of  the  City  of  Indianapolis,  Indiana,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Introduced 093 

Read  first  time  and  referred 093 

Committee  report 704-5 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    700 
Approved  by  Mayor 711-12 

App.  O.  No.  15,  1899.  An  ordinance  appropriating  moneys  for  the  pur- 
pose 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  1, 
1900,  and  ending  December  31,  1900,  including  all  outstanding  claims 
and  obligations  which  become  due  and  payable  within  said  period, 
and  fixing  a  time  when  the  same  shall  take  effect. 

Introducovd 738 

Read  first  time  and  referred 744 

Committee  report 756 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    759 
Approved  by  Mayor 761-2 

BARBED  WLRB  FENCES. 

G.  O.  No.  02,  1898.  An  ordinance  prohibiting  the  erection  or  main- 
tenance of  barbed  wire  fences  within  the  corporate  limits  of  the 
City  of  Indianapolis,  Indiana,  and  providing  penalties  for  the  viola- 
tion thereof. 

Introduced 389 

Read  first  time  and  referred 389 

BOARD  OF  HEALTH  AND  CHARITIES. 

Communication  from,  asking  for  additional  appropriation  of  $105.40 
for  telephones.     Referred 17 

Communication  from,  approving  G.  O.  No.  62,  1897,  providing  ap- 
pointment of  Plumbing  Inspector 25 

Communication  from,  in  reference  to  amendments  to  G.  O.  No.  02, 
J 897,  providing  appointment  of  Plumbing  Inspector 66 

Annual  report  for  year  ending  December  31.  1897 164 

Communication  from,  asking  increase  of  salary  of  janitor  at  City 
Dispensary.     Referred 290 

Communication  from,  asking  appropriation  of  $2,000  to  be  expend- 
ed for  the  prevention  of  contagious  diseases.    Referred 483 

Communication  from,  asking  for  additional  appropriation  of  $1,000 
for  the  prevention  of  contagious  diseases.    Referred 519-20 

Annual  report  for  year  ending  December  31,  1898 522 

Communication  from,  asking  for  additional  appropriation  of  $2,000 
for  the  prevention  of  contagious  diseases.    Referred 560 

Communication  from,  asking  appropriation  of  $2,000  for  the  pre- 
vention of  contagions  diseases.    Referred 617 

Communication  from,  requesting  additional  appropriation  of  $2,000 
for  the  contagious  disease  fund.    Referred 665-6 


An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


BOARD  OF  PARK  COMMISSIONERS. 

Annual  report  for  year  ending  December  31,  1897 164 

Communication  from  Superintendent  of  Parks,  recommending  sale 

of  2M  acres  of, Garfield  Park.    Referred 470 

Annual  report  for  year  ending  December  31,  1898 522 

Communication  from,  recommending  additional  appropriation  of 
$3,100  to  purchase  4V2  acres  of  land  at  northwest  corner  of  Gar- 
field Park.     Referred 576-7 

G.  O.  No.  10,  1S98.  An  ordinance  requiring  all  property  owners  or  agents 
to  obtain  a  permit  from  the  Park  Bureau  before  planting  any  tree  or 
trees  in  or  along  the  streets  of  the  City  of  Indianapolis,  and  requir- 
ing all  trimming  or  uruning  of  trees  along  said  streets  to  be  done 
under  the  direction  of  the  Park  Superintendent. 

Introduced 117 

Read  first  time  and  referred 148 

Committee  report 267 

Read  second  time  and  stricken  from  files 30S 


BOARD  OF  PUBLIC  SAFETY. 

Communication  from,  asking  for  additional  appropriation  of 
$13,131.72.     Referred 15-17 

Communication  from,  requesting  appropriation  of  $41,826.31  for  the 
purchase  of  police  patrol  apparatus.    Referred 132 

Communication  from,  recommending  that  salary  of  Assistant  Mar- 
ket Master  be  fixed  at  $75  a  month.    Referred 164 

Annual  report  for  year  ending  December  31,  1897 164 

Communication  from,  requesting  Council  to  enact  an  ordinance 
compelling  all  persons  hauling  rubbish  to  burn  same  at  dumping 
grounds.     Referred 348 

Communication  from,  asking  for  special  appropriation  of  $700  to  be 
credited  to  Prisoners'  Meals  Fund.    Referred 348-9 

Communication  from,  requesting  transfer  of  $912.06  from  various 
Fire  Force  funds  to  Fire  Force  Pay  Roll  Fund.    Referred 410-11 

Communication  from,  requesting  transfer  of  certain  funds  to  other 
funds  than  those  for  which  they  were  originally  appropriated. 
Referred 411 

Annual  report  for  year  ending  December  31,  1898 521 

Communication  from,  requesting  appropriation  of  $400  for  bicycles 
and  repairs.     Referred 576 

Communication  from,  requesting  transfer  of  $1,900  from  other 
funds  to  the  Electrical  Department  Fund.    Referred 640-1 

Communication  from,  requesting  appropriation  of  $1,000  for  the 
maintenance  of  the  new  South  Side  Market.    Referred 691 


BOARD  OF  PUBLIC  WORKS. 

Communication  from,  asking  for  additional  appropriation  of 
$13,550.     Referred „ 14 

Communication  from,  in  reference  to  contract  granting  Indianapo- 
lis Desiccating  Company  right  to  construct  railroad  track  through 
Sellers  Farm.     Referred , 65-6 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council. 


Communication  from,  in  regard  to  contract  with  Sun  Vapor  Light 
Company.     Referred 80 

Communication  from,  in  reference  to  contract  granting  Indianapo- 
lis Desiccating  Company  right  to  construct  railroad  track  on 
Sellers  Farm.  "  Referred 100 

Communication  from,  in  reference  to  contract  with  Indianapolis 
Desiccating  Company.     Referred 130-1 

Communication  from,  requesting  appropriation  of  $43,976.61  to 
complete  new  Police  Station,  two  new  engine  houses,  and  sewer 
through  Greenlawn  'Cemetery.    Referred 131-2 

Communication  from,  asking  appropriation  of  $4,200  for  the  pur- 
pose of  paving  space  east  of  Market  House.    Referred 141-2 

Annual  report  for  year  ending  December  31,  1897 163 

Communication  from,  in  reference  to  ordinance  establishing  grade 
of  Southeastern  avenue.    Referred 210 

Communication  from,  in  regard  to  ordinances  authorizing  improve- 
ment of  Tenth  street.  St.  Joseph  street,  Fourteenth  street, 
Eleventh  street,  New  Jersey  street,  and  first  alley  east  of  Me- 
ridian street,  from  St.  Joseph  to  Eleventh  street.    Referred 214 

Communication  from,  announcing  withdrawal  from  Council  ordi- 
nances authorizing  improvement  'of  Tenth  and  Eleventh  streets, 
for  the  purpose  of  commencing  new  proceedings.    Referred 230 

Communication  from,  in  reference  to  contract  with  New  Telephone 
Company.     Referred 236 

Communication  from,  in  reference  to  new  contract  with  New  Tele- 
phone Company.     Referred 274 

Communication  from,  in  regard  to  contract  with  C,  H.  &  I.  R.  R. 
Co.  and  the  Indianapolis  Manufacturers'  and  Carpenters'  Union. 
Referred 296 

Communication  from,  in  reference  to  ordinance  authorizing  pur- 
chase of  certain  real  estate  for  park  purposes.    Referred 323 

Communication  from,  in  regard  to  ordinance  authorizing  accept- 
ance of  a  gift  of  certain  real  estate  by  M.  H.  Spades  to  City. 
Referred   323 

Communication  from,  in  reference  to  ordinance  authorizing  pur- 
chase of  10  acres  of  ground  for  an  entrance  'to  Garfield  Park.  Re- 
ferred        354 

Communication  from,  asking  appropriation  of  $5,000  for  City  Civil 
Engineers'  salaries.     Referred 381 

Communication  from,  in  regard  to  ^contract  granting  Peoria  & 
Eastern  Ry.  Co.  the  right  to  lay  a  switch  across  West  Washing- 
ton street.     Referred . , 410 

Communication  from,  requesting  appropriation  of  $2,350  to  fund 
for  Payment  of  Assessments.    Referred 418-19 

Communication  from,  asking  appropriation  of  $2,300  to  pay  ex- 
penses of  experts  in  investigation  of  plant  of  Indianapolis  Water 
Company.     Referred 419 

Communication  from,  in  reference  to  ordinance  annexing  land  ac- 
quired for  park  purposes,  and  certain  territory  north  of  Fall 
Creek.     Referred 419-20 

Communication  from,  in  regard  to  contract  granting  Peoria  &  East- 
ern Railway  Company  the  right  to  lay  a  switch  across  West 
Washington,  Decatur  street,  and  the  first  alley  north  of  Washing- 
ton street.     Referred 420 

Communication  from,  asking  authority  to  pay  from  fund  for  pur- 
chase of  real  estate  for  park  purposes  $2,035.62  to  Catherine  L. 
Miller.     Referred 436 


10  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


Communication  from,  in  reference  to  ordinance  authorizing  Mayor 
and  Board  of  Public  Works  to  sell  21/4  acres  of  Garfield  Park. 
Referred    470 

Communication  from,  in  reference  to  contract  with  Sun  Vapor 
Light  Company.     Referred 503 

Communication  from,  in  regard  to  ordinance  authorizing  E.  A. 
Caylor  and  Harvey  Coonse  to  lay  switch  over  and  across  first 
alley  south  of  Moore  avenue.    Referred 503 

Communication  from,  in  regard  to  sale  of  City  Dispensary  property. 520-1 

Communication  from,  in  reference  to  ordinance  authorizing  sale  of 
3.33  acres  of  White  River  Park.    Referred ' 521 

Annual  report  for  year  ending  December  31,  1898 521 

Communication  from,  in  regard  to  ordinance  granting  Chenowith 
Light  and  Power  Company  the  right  to  operate  an  electric  lighting 
plant.     Referred 531 

Communication  from,  in  reference  to  ordinance  providing  for  in- 

.    crease  of  salary  of  Clerk  of  Board.    Referred 531 

Communication  from,  in  regard  to  ordinance  granting  M.  O'Connor 
&  Co.  the  right  to  lay  switch  across  Missouri  street.    Referred.  .  .552-3 

Communication  from,  in  regard  to  ordinance  granting  Bartholomew 
D.  Brooks  the  right  to  lay  switch  across  first  alley  north  of  Sam- 
ple street.     Referred 564 

Communication  from,  asking  appropriation  of  $4,200  for  the  pur- 
pose of  improving  space  east  of  Market  House.    Referred 575 

Communication  from,  in  regard  to  contract  with  Indianapolis  Street 
Railway  Company.     Referred 584 

Communication  from,  in  regard  to  contract  granting  Adams  Brick 
Company  the  right  to  lay  switch  across  first  alley  west  of  Yandes 
street.     Referred 022 

Communication  from,  asking  appropriation  of  $1,500  to  be  expend- 
ed in  maintaining  vapor  lights.    Referred 032 

Communication  from,  in  regard  to  contract  granting  Henry  L. 
Spiegel  the  right  to  lay  switch  across  Oriental  street.    Referred..  .650-1 

Communication  from,  in  reference  to  contract  with  Indianapolis 
Gas  Company.     Referred 651 

Communication  from,  in  regard  to  contract  granting  Indianapolis 
Hominy  Mills  the  right  to  lay  switch  across  Madison  avenue  and 
Minnesota  street.     Referred 682 


BONDS. 


G.  O.  No.  16,  1898.  An  ordinance  ratifying  the  issue  and  sale  of  certain 
park  bonds  therein  described,  in  pursuance  of  the  provisions  of  an 
ordinance  passed  on  the  1st  day  of  March,  1897;  pledging  the  faith 
and  credit  of  the  City  of  Indianapolis  to  the  payment  of  the  same; 
transferring  the  funds  derived  therefrom  to  the  Department  of  Pub- 
lic Wrorks;  and  authorizing  such  Department  to  expend  the  same  for 
park  purposes,  subject  to  conditions  and  limitations  contained  there- 
in, and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 171 

Read  first  time  and  referred 173 

Committee  report 194 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    198 
Approved  by  Mayor 203-4 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  1 1 


G.  O.  No.  72,  1898.  An  ordinance  authorizing  the  issue  and  sale  of  one 
hundred  and  ten  (110)  refunding  bonds  of  one  thousand  dollars 
($1,000)  each  of  the  City  of  Indianapolis,  in  order  to  raise  money  to 
take  up  and  refund  certain  bonds  bearing  date  of  January  1,  1889, 
and  which  will  become  due  January  1,  1909,  but  which,  by  their 
terms,  are  payable  on  and  after  January  1,  1899,  aggregating  one 
hundred  and  ten  thousand  dollars  (.$110,000);  prescribing  the  time 
and  manner  of  advertising  the  sale  of  said  refunding  bonds  and  of 
the  recepit  (of  the  bids  for  the  same,  together  with  the  mode  and 
terms  of  sale;  appropriating  the  proceeds  of  the  sale  of  said  refund- 
ing bonds  for  the  payment  of  the  said  outstanding  bonds;  providing 
the  time  and  manner  of  payment  of  said  outstanding  bonds,  and  pro- 
viding for  the  refunding  of  the  indebtedness  of  the  said  City  of  In- 
dianapolis represented  by  said  bonds,  and  matters  connected  there- 
with; and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 421 

Read  first  time  and  referred -i28 

Committee  report 440-1 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 448 

Approved  by  Mayor 451 


G.  O.  No.  26,  1899.  An  ordinance  for  a  loan  of  one  hundred  and  fifty 
thousand  dollars  ($150,000)  by  the  City  of  Indianapolis  for  the  use  of 
the  Department  of  Public  Works,  tor  the  construction  of  bridges, 
and  authorizing  the  issue  and  sale  of  bonds  for  said  amount,  payable 
from  the  general  funds  of  said  city;  prescribing  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;  appropriating  the 
proceeds  thereof,  and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced  042 

Read  first  time  and  referred 040 

Committee  report 691-2 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  700-1 

Approved  by  Major 703 


BOND  S— O  F  F  [  C I AL. 
Bond  of  City  Treasurer  William  IT.  Schmidt  read  and  approved.. .  .88-90 

BOUNDARIES— WARDS  AND  PRECINCTS. 

G.  O.  No.  47,  1899.  An  ordinance  to  amend  G.  O.  No.  46,  1897,  the  same 
being  an  ordinance  fixing  the  boundaries  of  the  voting  precincts  of 
the  City  of  Indianapolis,  Indiana,  approved  May  29,  1897,  and  fixing 
the  time  when  the  same  shall  take  effect. 

Introduced 715 

Read  first  time  and  referred 715 

Committee  report 747-9 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  , 740 

Approved  by  Mayor 752 


12  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


G.  O.  No.  49,  1S99.  An  ordinance  to  amend  the  description  of  the  boun- 
daries of  the  Fourth  and  Fifth  Wards  of  the  City  of  Indianapolis  con- 
tained in  Section  1  of  G.  O.  No.  45,  1897,  the  same  being  an  ordinance 
entitled  "An  ordinance  to  divide  the  City  of  Indianapolis,  Indiana, 
into  fifteen  Wards  and  to  readjust  the  Ward  and  Common  Council 
boundaries  of  such  Wards,  and  fixing  the  time  when  such  ordinance 
shall  take  effect,"  approved  May  20,  1897,  and  fixing  the  time  when 
the  same  shall  take  effect. 

Introduced 745 

Read  first  time  and  referred 747 

Committee  report 754 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    754 
Approved  by  Mayor 755-6 

BOXING  MATCHES. 

G.  O.  No.  2,  1898.  An  ordinance  licensing  and  regulating  sparring  and 
boxing  matches  in  the  City  of  Indianapolis,  providing  a  penalty  for 
the  violation  thereof  and  fixing  the  time  when  the  same  shall  take 
effect. 

Introduced   1 04 

Read  first  time  and  referred 105 

Committee  report — majority 145 

Committee  report — minority 145-6 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    155 
Vetoed  by  Mayor 158 

BREWERY   AND  DISTILLERY  LICENSE. 

G.  O.  No.  39,  1898.  An  ordinance  designating  the  license  fee  to  be  paid 
to  the  City  of  Indianapolis  by  distilleries  and  breweries  and  the 
depots  or  agencies  of  all  breweries  and  distilleries  located  or  main- 
tained in  the  territory  immediately  contiguous  to  the  said  City  of 
Indianapolis,  and  lying  between  its  corporate  limits  and  a  line  drawn 
parallel  to  the  line  of  said  corporate  limits  at  a  distance  of  four  miles 
from  said  corporate  limits;  providing  a  penalty  for  the  violation 
thereof;  (providing  for  the  publication  )of  the  same,  and  fixing  the 
time  when  the  same  shall  take  effect. 

Introduced 268 

Read  first  time  and  referred 269 

Committee  report 324 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 392-3 

Approved  by  Mayor 400 

G.  O.  No.  53.  1898.  An  ordinance  to  amend  G.  O.  No.  39,  entitled  "An 
ordinance  designating  the  license  fee  to  be  paid  to  the  City  of  In- 
dianapolis by  distilleries  and  breweries,  and  the  depots  or  agencies 
in  said  city  of  all  breweries  and  distilleries;  providing  a  penalty  for 
the  violation  thereof;  repealing  coniiieting  ordinances;  providing  for 
the  publication  of  the  same,  and  fixing  the  time  when  the  same  shall 
take  effect,"  approved  December  S,  1893,  and  as  amended  June  13, 
1894;  and  to  add  a  supplemental  section  to  said  ordinance. 

Introduced 350 

Read  first  time  and  referred 351 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  1 3 


G.  O.  No.  41,  1899.  An  ordinance  regarding-  the  license  fee  to  be  paid  to 
the  City  of  Indianapolis  by  wholesale  dealers  in  malt  liquors. 

Introduced 695 

Read  first  time  and  referred 090 

BUILDING  INSPECTOR. 

G.  O.  No.  74,  1897.  An  ordinance  amending  Section  33  of  an  ordinance 
creating  the  office  of  Building  Inspector,  defining  the  power  and 
duties  attached  thereto,  authorizing  the  inspection  of  buildings  and 
other  structures,  regulating  their  construction,  repair  and  removal, 
requiring  the  issuance  of  a  license  or  permit  in  such  cases  before  any 
work  shall  be  begun,  regulating  the  building  of  party  walls  and  par- 
tition fences,  prescribing  in  what  proportion  adjoining  owners  shall 
bear  the  expense  of  the  same,  in  what  manner  such  expense  shall  be 
levied  and  collected,  and  defining  the  terms  upon  which  partition 
walls  already  established  may  be  used  by  adjoining  owners,  fixing  a 
penalty  for  the  violation  thereof,  repealing  certain  ordinances,  pro- 
viding for  publication,  and  fixing  the  time  when  the  same  shall  take 
etfect,  approved  September  10,  1894. 

Int  roduced 80 

Read  first  time  and  referred 87 

Committee  report 121 

Read  second  time  and  referred  to  special  committee 128 

Appointment  of  special  committee 135 

Report  of  special  committee 107-S 

G.  O.  No.  11,  1898.  An  ordinance  amending  section  seven  (7)  of  General 
Ordinance  No.  53,  1894— commonly  known  as  the  "Building  Ordi- 
nance." 

Introduced  148 

Read  first  time  and  referred  to  special  committee 148 

Report  of  special  committee , 169 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    177 
Approved  by  Mayor 180 

BURNING  OF  WEEDS,  LEAVES,  RUBBISH,  ETC. 

G.  O.  No.  06,  1S97.  An  ordinance  prohibiting  the  burning  of  weeds, 
leaves,  trash  or  other  substances  on  the  streets,  alleys,  sidewalks  or 
public  grounds  of  the  City  of  Indianapolis. 

Introduced 28 

Read  first  time  and  referred 28 

Committee  report 66-7 

Read  second  time,  amended  and  re-referred 77 

G.  O.  No.  61,  1898,  An  ordinance  requiring  the  burning  of  all  rubbish 
hauled  or  placed  upon  any  dumping  ground,  providing  the  penalty 
for  the  violation  thereof,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Introduced 889 

Read  first  time  and  referred 389 

Committee  report 395 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    396 
Approved  by  Mayor 400-1 


14  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


CALLIOPES. 

G.  O.  No.  49,  1898.  An  ordinance  prohibiting  the  playing  upon  calliopes 
in  the  City  of  Indianapolis,  providing  penalties  for  the  violation 
thereof,  and  fixing  the  time  of  its  taking  effect. 

Introduced 314 

Read  first  time  and  referred 314 

CATTLE,  SHEEP  AND  HOGS,  ETC. 

G.  O.  No.  61,  1897.  An  ordinance  regulating  the  driving  or  taking  of 
cattle,  sheep  and  hogs  through  the  streets,  alleys,  highways  and 
public  places  of  the  City  of  Indianapolis,  providing  a  penalty  and 
fixing  a  time  when  the  same  shall  take  effect. 

I  ntroduced   8 

Head  first  time  and  referred 9 

Committee  report 18-19 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 28-9 

Approved  by  Mayor 35 

G.  O.  No.  25.  1899.  An  ordinance  prohibiting  the  location,  erection,  con- 
struction or  building  hereafter  of  stock  yards  within  the  corporate 
limits  of  the  City  of  Indianapolis,  and  also  prohibiting  the  engaging 
in  or  carrying  on  of  the  general  business  of  handling,  feeding,  selling 
or  otherwise  disposing  of  hogs,  cattle,  sheep,  horses  or  other  live 
stock  of  any  kind  whatsoever  at  any  such  stock  yards;  providing  a 
penalty  for  the  violation  thereof,  and  for  the  publication  of  the  same 
and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 635 

Read  first  time  and  referred 635 

Petition  that  ordinance  be  not  passed • 635-6 

Petition  requesting  passage  of  ordinance 647 

CIGARETTES. 

G.  O.  No.  44,  1899.  An  ordinance  requiring  manufacturers  of  and  whole- 
salers and  retailers  in  cigarettes  to  obtain  a  license  and  pay  a  fee 
therefor,  providing  penalties  for  its  violation,  and  fixing  a  time  when 
the  same  shall  take  effect. 

Introduced    699 

Read  first  time  and  referred 700 

Committee  report 713 

Opinion  of  Deputy  City  Attorney 713-14 

Read  second  time,  ordered  engrossed,  read  third  time  and  failed  to 
pass   722 

CITY  ATTORNEY. 

Communication  from,  opinion  touching  eligibility  of  Edward  W. 
Little  to  election  as  member  of  Council 36-40 

Communication  from,  in  regard  to  ordinance  concerning  the  loca- 
tion of  morgues 95 

Communication  from,  in  reference  To  claim  of  James  Reilly,  to  re- 
fund $100.16  liquor  license  fee.    Referred '. 140 

Communication  from,  in  reference  to  Resolution  No.  29,  1897,  and 
Resolution  No.  1,  1898 166-7 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  15 


Communication  from,  asking  that  $1,000  appropriated  to  special 
fund  for  street  railway  litigation  be  transferred  to  Department  of 
Law,  to  be  used  in  pending  litigation  fwith  Indianapolis  Gas  Com- 
pany.    Referred ISO 

Communication  from,  in  reference  to  sale  of  City  Dispensary  prop- 
erty.     Referred 181 

Communication  from,  in  regard  to  G.  O.  No.  4,  1898  (payment  of 
city  employes) . 190 

Communication  from,  in  reference  to  ordinance  regulating  prices  to 
be  charged  for  electric  light  furnished  to  private  consumers 192-3 

Communication  from,  in  reference  to  G.  O.  No.  13,  1898  (fixing  max- 
imum rate  to  be  charged  for  the  use  of  water  to  private  con- 
sumers)    300-1 

Communication  from,  in  reference  to  opening  of  Rural  street  across 
Panhandle  tracks.     Referred 380-1 

Communication  from,  in  reference  to  G.  O.  No.  43,  1898,  changing 
salary  of  janitor  of  City  Dispensary 452-3 

Communication  from,  in  regard  to  power  of  Council  to  compel 
elevation  of  railroad  tracks.    Referred 503-2 

Communication  from,  in  reference  to  act  approved  March  4,  1899, 
creating  offices  of  Assistant  City  Attorney  and  Second  Assistant 
City  Attorney.    Referred 530-1 

Communication  from,  in  reference  to  G.  O.  No.  19,  1899,  regulating 
the  solicitation  of  business  by  owners  and  drivers  of  express 
wagons  and  other  public  vehicles C51-2 

Communication  from,  in  reference  to  validity  of  G.  O.  No.  44,  1899, 
providing  that  manufacturers  of  and  dealers  in  cigarettes  obtain 
a  license 713-14 

CITY  CIVIL  ENGINEER. 

Communication  from,  asking  appropriation  of  $5,000  for  payment 
of  City  Civil  Engineers'  salaries  during  year  1898.    Referred 381 

CITY  CLERK. 

Communication  from,  in  reference  to  election  of  Councilman-at- 
Large 31-2 

Communication  from,  in  reference  to  election  of  Councilman-at 
Large 45-6 

Instructed  to  have  seventy-five  copies  of  Rules  of  Common  Council 
printed    52-9 

Instructed  to  have  500  copies  of  Curfew  Ordinance  printed 173 

CITY  COMPTROLLER. 

Communication  from,  recommending  appropriation  of  $2,870.23  to 
complete  payment  of  election  expenses.    Referred T-S 

Communication  from,  recommending  additional  appropriations  to 
Board  of  Public  Safety,  Board  of  Public  Works.  Board  of  Health 
and  the  Finance  Department,  needed  by  reason  of  annexation  of 
suburban  towns.     Referred 13-14 

Communication  from,  recommending  appropriation  of  $18,872.75  to 
pay  interest  and  exchange  on  bonded  debt.    Referred ."0 

Communication  from,  recommending  appropriation  of  $500  for  addi- 
tional assistant  engineer  at  City  Hospital.     Referred 79 

Communication  from,  in  reference  to  official  bond  of  City  Treasurer 
William  H.  Schmidt 80 

Annual  report  for  fiscal  year  ending  December  31,  1897.    Referred. II  0-20 


16  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


Communication  from,  asking  appropriation  of  $125  Ito  pay  rebate 
on  Eugene  O'Connor's  liquor  license.    Referred 120 

Communication  from,  recommending  appropriation  of  $43,976.61  to 
complete  new  Police  Station,  two  new  engine  houses,  and  sewer 
through  Greenlawn  Cemetery.    Referred 1.11-2 

Communication  from,  recommending  appropriation  of  $41,826.31  for 
the  purchase  of  police  patrol  apparatus.    Referred 132 

Communication  from,  recommending  appropriation  of  $106.16  to 
repay  James  Reilly's  liquor  license  fee.    Referred 140 

Communication  from,  recommending  appropriation  of  $4,200  for  the 
purpose  of  paving  space  east  of  Market  House.    Referred 142 

Communication  from,  recommending  appropriation  of  $104.17  to 
pay  rebate  on  Max  Friedrich's  liquor  license.    Referred 163 

Communication  from,  recommending  transfer  of  $1,000  from  Spe- 
cial Street  Railway  Fund  to  Law  Department,  to  be  used  in 
pending  litigation  with  Indianapolis  Gas  Company.    Referred...     ISO 

Communication  from,  recommending  appropriation  of  $28.08  for  the 
purpose  of  paying  Warrant  1770,  issued  by  Town  of  Haughville. 
Referred  261 

Communication  from,  recommending  appropriation  of  $700,  to  be 
credited  to  Prisoners'  Meals  Fund.    Referred 348-9 

Communication  from,  giving  estimates  of  expenditures  for  the  vari- 
ous departments  for  the  year  1899.     Referred S75-80 

Communication  from,  recommending  appropriation  of  $5,000  for 
payment  of  City  Civil  Engineers'  salaries  during  year  1898.  Re- 
ferred        381 

Communication  from,  recommending  transfer  of  $912.06  from  vari- 
ous Fire  Force  funds  to  Fire  Force  Pay-Roil  Fund.    Referred. .  ..    Ill 

Communication  from,  recommending  transfer  of  certain  funds  to 
other  funds  than  those  for  which  they  were  originally  appropri- 
ated.    Referred 411 

Communication  from,  recommending  appropriation  of  $93.15  to 
William  M.  Arnold,  to  nay  rebate  on  Jacob  Heid's  liquor  license. 
Referred  417- IS 

Communication  from,  in  reference  to  ordinance  authorizing  the 
issue  of  $1 10.000  refunding  bonds.    Referred 418 

Communication  from,  recommending  transfer  of  $1,200  from  East 
Market  Improvement  Fund,  and  8450  from  Street  Repair  Account 
Fund,  to  pay  certain  claims.    Referred , 418 

Communication  from,  recommending  appropriation  of  $500  to  pay 
expenses  of  Committee  on  Investigation  and  Impeachment.  Re- 
ferred        462 

Communication  from,  recommending  appropriation  of  $2,000  to 
Board  of  Public  Health,  for  the  prevention  of  contagious  diseases. 
Referred 4S3 

Communication  from,  recommending  appropriation  of  $387.30)  to  pay 
rebate  of  John  Davy's  and  Timothy  Hurley's  liquor  licenses. 
Referred 4S7-8 

Annual  report  for  the  year  ending  December  31,  1898.    Referred . 488-500 

Communication  from,  recommending  appropriation  of  $1,000  for  the 
prevention  of  contagious  diseases.    Referred 519 

Communication  from,  asking  appropriation  of  $159.25  to  pay  rebate 
on  Philip  Liehr's  liquor  license.    Referred 520 

Communication  from,  recommending  appropriation  of  $2,000  for 
the  prevention  of  contagious  diseases.     Referred 560 

Communication  from,  recommending  appropriation  of  $200  to 
Grand  Army  Posts  for  expenses  Memorial  Day.    Referred 574 

Communication  from,  recommending  appropriation  of  $4,200  for 
the  purpose  of  improving  space  east  of  Market  House.    Referred    575 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  17 


Communication  from,  recommending  appropriation  of  $400  for  bi- 
cycles and  repairs.    Referred 57G 

Communication  from,  recommending  additional  appropriation  of 
$3,100  to  purchase  4%  acres  of  land  at  northwest  corner  of  Gar- 
field Park.     Referred .")77 

Communication  from,  recommending-  appropriation  of  .$2,000  for 
Contagious  Disease  Fund.    Referred GIG 

Communication  from,  recommending  appropriation  of  $1,500,  to  be 
expended  in  maintaining  vapor  lights.    Referred G32 

Communication  from,  recommending  appropriation  of  $150,000  for 
the  purpose  of  building  new  bridges.    Referred G40 

Communication  from,  recommending  transfer  of  $1,900  from  other 
funds  to  the  Electrical  Department  Fund.    Referred G10 

Communication  from,  recommending  appropriation  of  $2,000  for 
the  Contagious  Disease  Fund.    Referred G66 

Communication  from,  recommending  appropriation  of  $1,000  for 
maintenance  of  new  South  Side  Market.    Referred G91 

Communication  from,  giving  estimates  of  expenditures  for  the  vari- 
ous departments  for  1900.    Referred 731-8 

CITY  DISPENSARY. 

G.  O.  No.  21,  1898.  An  ordinance  authorizing  the  sale  of  certain  real 
estate  belonging  to  the  City  of  Indianapolis. 

Introduced 1S4 

Read  first  time  and  referred 185 

Committee  report 201 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .  207 

Approved  by  Mayor 2C9 

CITY  OFFICERS  AND  EMPLOYES. 

G.  O.  No.  4,  1898.  An  ordinance  providing  that  city  employes  shall  re- 
ceive their  pay  from  the  city  at  least  once  every  two  weeks  and  n  ay 
be  advanced  fifty  per  cent,  of  any  money  due  them  from  the  city 
upon  proper  application  showing  dire  necessity  for  the  same. 

Introduced   128 

Read  first  time  and  referred 128 

Committee  report 144 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed   17G-7 

Vetoed  by  Mayor 189 

Opinion  of  City  Attorney 190 

G.  O.  No.  15.  1898.  An  ordinance  amending  Subdivision  2  of  Section  6 
of  an  ordinance  entitled  "An  ordinance  authorizing  the  employment 
of  certain  clerks,  assistants  and  employes,  and  ^providing  for  their 
compensation;  providing  for  the  compensation  of  certain  officers, 
heads  of  departments,  clerks  and  employes:  fixing  the  compensation, 
salaries  and  Avages  of  certain  officers,  clerks  and  employes  of  the 
City  of  Indianapolis,  Indiana;  repealing  conflicting  ordinances,  and 
fixing  the  time  when  this  ordinance  shall  take  effect."  approved 
January  18,  1894,  and  fixing  the  time  when  this  ordinance  shall  take 
effect.    (Increasing  salary  of  Assistant  Market  Master.) 

Introduced    170 

Read  first  time  and  referred 171 

Committee  report 181-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .     18G 
Approved  by  Mayor 190-1 


18  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


G.  O.  No.  36,  1898.  An  ordinance  appropriating  money  for  the  payment 
of  the  salaries  of  officers  and  employes  of  the  City  of  Indianapolis, 
Indiana,  who  may  enter  the  military  service  of  the  United  States, 
and  declaring-  an  emergency. 

Introduced  227 

Head  first  time  and  referred 227 

( Committee  report 230 

Road  second  time  and  stricken  from  files 233 

O.  O.  No.  38,  1898.  An  ordinance  providing  for  the  appointment  ot  a 
custodian  and  assistants  for  the  City  Hall,  fixing  the  salaries  thereof 
and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 250 

Rtad  first  time  and  referred 251 

Committee  report 137 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed   446-7 

Approved  by  Mayor 452 

G.  O.  No.  43,  1898.  An  ordinance  to  amend  Subdivision  2  of  Section  7  of 
an  ordinance  entitled  "An  ordinance  authorizing. the  employment  of 
certain  clerks,  assistants  and  employes,  and  providing  for  their  com- 
pensation; providing  for  the  compensation  of  certain  officers,  heads 
of  departments,  clerks  and  employes;  fixing  the  compensation,  sal- 
aries and  wages  of  certain  officers,  clerks  and  employes  of  the  City 
of  Indianapolis,  Indiana;  repealing  conflicting  ordinances,  and  fixing 
the  time  when  this  ordinance  shall  take  effect,"  approved  .January 
18,  1894,  and  fixing  the  time  when  the  same  shall  take  effect.  (In- 
creasing salary  of  janitor  of  City  Dispensary.) 

Introduced   289 

Read  first  time  and  referred 290 

Committee  report 437-8 

Read  second  time,  amended,  and  referred  back  to  committee 447 

Opinion  of  City  Attorney 452-3 

Amendment    amended,    ordered    engrossed,    read    third  time    and 

passed 457-8 

Approved  by  Mayor 432 

G.  O.  No.  40.  1898.  An  ordinance  advancing  the  pay  of  members  of  the 
Indianapolis  Fire  and  I'olice  Force. 

Introduced    307 

Read  first  time  and  referred 307 

(t.  O.  No.  50.  1898.  An  ordinance  to  amend  section  six  of  an  ordinance 
entitled  "An  ordinance  authorizing  the  employment  of  certain  clerks, 
assistants  and  employes,  and  providing  for  their  compensation;  pro- 
viding for  the  compensation  of  certain  officers,  heads  of  departments, 
clerks  and  employes;  fixing  the  compensation,  salaries  and  wages  of 
certain  officers,  clerks  and  employes  of  the  City  of  Indianapolis,  In- 
diana; repealing  conflicting  ordinances,  and  fixing  the  time  when 
this  ordinance  shall  take  effect."  approved  January  18,  1894,  and 
fixing  the  time  when  such  amendment  shall  take  effect.  (Increasing- 
salaries  of  Police  and  Fire  Force.) 

Introduced   " 307 

Read  first  time  and  referred 36.) 

Called  from  committee 397 

Read  second  time 403 

Motion  to  engross  lost 403 

Ordinance  stricken  from  files 404 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  19 


G.  O.  No.  04,  1S98.  An  ordinance  providing  that  policemen  and  firemen 
shall  receive  their  regular  salary  during  sickness  or  injury  for  a 
period  not  exceeding  sixty  days,  and  patrolmen  to  receive  twenty 
cents  per  hour  for  extra  work,  and  firemen  to  be  allowed  one  day  off 
each  week  with  pay,  and  providing  that  bicycles  shall  be  furnished 
bicycle  patrolmen. 

Introduced 390 

Read  first  time  and  referred 390 

Committee   report 471 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    474 

Vetoed  by  Mayor 514 

Motion  to  pass  ordinance  over  Mayor's  veto  declared  out  of  order.  .54G-7 
Motion  that  rules  be  suspended  for  the  purpose  of  taking  up  and 

passing  ordinance  over  Mayor's  veto  lost 547-8 

Ordinance  amended  according  to  suggestions  of  Mayor  and  passed. 555-6 
Approved  by  Mayor 573-4 

G.  O.  No.  6;  1899.  An  ordinance  fixing  the  salaries  of  the  engineers  em- 
ployed at  the  Brightwood  Waterworks  in  the  City  of  Indianapolis, 
and  declaring  an  emergency. 

Introduced 525 

Read  first  time  and  referred 525 

Committee  report E33 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    548 
Approved  by  Mayor £63-4 

G.  O.  No.  8.  1899.  An  ordinance  amending  Section  5  of  an  ordinance 
entitled  "An  ordinance  authorizing  the  employment  of  certain  clerks, 
assistants  and  employes,  and  providing  for  the  compensation  of  cer- 
tain officers,  heads  of  departments,  clerks  and  employes;  fixing  the 
compensation,  salaries  and  wages  of  certain  officers,  clerks  and  em- 
ployes of  the  City  of  Indianapolis,  Indiana;  repealing  conflicting 
ordinances,  and  fixing  a  time  when  this  ordinance  shall  take  effect," 
approved  January  18,  1894,  and  fixing  a  time  when  the  same  shall 
take  effect,    (Increasing  salary  of  Clerk  of  Board  of  Public  Works.) 

Introduced  542 

Read  first  time  and  referred 544 

G.  O.  No.  9,  1899.  An  ordinance  fixing  the  salary  of  the  Assistant  City 
Attorney  and  of  the  second  Assistant  City  Attorney,  repealing  con- 
flicting ordinances,  and  fixing  the  time  when  the  same  shall  take 
effect. 

Introduced , 544 

Read  first  time  and  referred 544 

Committee  report 041 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  048 

Approved  by  Mayor 650 

CITY  PROPERTY— PURCHASE  AND  SALE  OF. 

G.  O.  No.  21,  1898.  An  lordinance  authorizing  the  sale  of  certain  real 
estate  belonging  to  the  City  of  Indianapolis.  (City  Dispensary  prop- 
erty.) 

Introduced  ' 184 

Ri\ad  first  time  and  referred 185 

Committee  report 204 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    207 
Approved  by  Mayor 203 


20  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


G.  O.  No.  50,  1898.  An  ordinance  authorizing  the  Board  of  Public  Works 
of  the  City  of  Indianapolis,  Indiana,  to  purchase  certain  real  estate 
for  park  purposes,  and  fixing  the  time  when  the  same  shall  take 
effect. 

Introduced     325 

Read  first  time  and  referred 340 

Committee  report— majority 344 

Committee  report— minority 344-5 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    345 
Approved  by  Mayor 347-8 

G.  O.  No.  51,  1898.  An  ordinance  providing  for  the  acceptance  of  the 
gift  of  certain  real  estate  made  by  Michael  II.  Spades  to  the  City  of 
Indianapolis,  agreeing  to  the  terms  and  conditions  of  such  gift,  and 
fixing  the  time  when  the  same  shall  take  effect.  (Land  along 
Pogue's  Run  known  as  "Spades  Place.") 

Introduced    340 

Read  first  time  and  referred 340 

Committee  report 345 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .351-2 
Approved  by  Mayor • 362 

G.  O.  No.  54;  1898.  An  ordinance  authorizing  the  Board  of  Public  Works 
of  the  City  of  Indianapolis.  Indiana,  to  purchase  ten  acres  of  land 
adjacent  to  Garfield  Park,  more  particularly  described  herein,  to  be 
used  as  an  entrance  way  to  and  a  part  of  Garfield  Park,  and  to  pay 
therefor  the  sum  of  $7,000,  and  declaring  an  emergency. 

Introduced 355 

Read  first  time  and  referred 355 

Committee  report 362 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    363 
Approved  by  Mayor 365-6 

G.  O.  No.  76,  1898.  An  ordinance  authorizing  the  Board  of  Public  Works 
of  the  City  of  Indianapolis.  Indiana,  to  pay  out  of  the  fund  hereto- 
fore appropriated  for  the  purchase  of  real  estate  for  park  purposes, 
the  sum  of  two  thousand  and  thirty-five  dollars  and  sixty-two  cents 
($2,035.62)  to  Catherine  L.  Miller,  in  fulfillment  of  the  contract  en- 
tered into  between  her  and  the  Board  of  Public  Works  of  said  city. 

Introduced 442 

Read  first  time  and  referred 443 

Committee  report 453 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    459 
Approved  by  Mayor 462 

G.  O.  No.  1;  1899.  An  ordinance  authorizing  the  sale  of  certain  property 
belonging  to  tbe  City  of  Indianapolis.    (2*4  acres  of  Garfield  Park.) 

Introduced 472 

Read  first  time  and  referred 473 

Committee  report 484-5 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .525-6 
Approved  by  Mayor 530 

G.  O.  No.  5,  1899.  An  ordinance  authorizing  the  sale  of  certain  real 
estate  belonging  to  the  City  of  Indianapolis,  and  fixing  the  time 
when  the  same  shall  take  effect.    (3.33  acres  of  Riverside  Park.) 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  21 


Introduced 524 

Read  first  time  and  referred 524 

Committee  report 534 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    549 
Approved  by  Mayor 5G3-4 

G.  O.  No.  22,  1899.  An  ordinance  authorizing  the  sale  of  certain  real 
estate  belonging  to  the  City  of  Indianapolis,  and  fixing  the  time 
when  the  same  shall  take  effect.    (3.33  acres  of  Riverside  Park.) 

Introduced  .  .    628 

Read,  first  time  and  referred 628 

Committee  report 033 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .637-8 
Approved  by  Mayor 639-40 


COMMITTEE  OF  THE  WHOLE. 

Council  went  into  Committee  of  the  Whole  for  the  purpose  of  con- 
sidering Resolution  No.  29,  1897 62 

Report  of  Chairman  of  Committee  on  Resolution  No.  29,  1897 62 

Council  went  into  Committee  of  the  Whole  for  the  purpose  of  con- 
sidering report  of  Committee  on   Contracts  and  Franchises  on 
G.  O.  No.  37,  1898 20 1-5 

Report  of  Chairman  'of  Committee  on  G.  O.  No.  37,  1898.    Report 
amended  and  adopted . 265-6 

Committee  report  on  G.  O.  No.  37,  1898,  referred  to  Board  of  Public 
Works  271 


COMMITTEES— SPECIAL. 

Special  Committee  to  consider  G.  O.  No.  74,  1897  (Building  In- 
spector)        135 

Special  Committee  to  visit  Councilman  James  W.  McGrew 1S6 

Special  Committee  to  request  Board  of  Public  Works  to  place  on 
each  corner  intersecting  Monument  Place  electric  lights  (eight  in 
alb  of  modern  design : 316 

Special  Committee  to  draft  resolutions  of  respect  to  the  memory 
of  ex-Councilman  Michael  J.  Burns 457 

Special  Committee  to  consider,  with  Mayor  and  Board  of  Public 
Works,  advisability  of  enlarging  Brightwood  Pumping  Station. . .    460 

Special  'Committee  to  consider,  with  committees  of  various  cities, 
organization  of  a  State  Municipal  League 463 

Special  Committee  to  draft  resolutions  expressing  sympathy  of 
Council  and  citizens  with  Mayor  Taggart  and  family,  on  account 
of  loss  of  eldest  daughter,  Florence  Taggart 478 

Special  Committee  to  have  resolutions  expressing  sympathy  with 
Mayor  Taggart  and  family  lithographed  and  present  same  to  Mr. 
Taggart 479 

Special  Committee  to  confer  with  City  Attorney  'relative  to  an 
amendment  to  City  Charter,  conferring  upon  Council  authority 
to  compel  elevation  of  railroad  tracks 502 

Special  Committee,  to  be  known  as  Committee  on  Elevation  of 
Railroad  Tracks 018 

Special  Committee  to  draft  resolutions  expressing  sympathy  of 
Council  for  Albert  Zearing,  on  account  of  loss  of  mother 647 


22  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


COMMITTEES— SPECIAL— REPORTS  OF. 

Report  on  G.  O.  No.  74,  1897 167-8 

Report  on  G.  O.  No.  11,  1898 169 

Report  of  Special  Committee  to  visit  Councilman  James  W.  Mc- 

Grew 196 

Report  of  Special  Committee  appointed  to  draft  resolutions  of  re- 
spect to  the  memory  of  ex-Councilman  Michael  J.  Burns.  .......    463 

Report  of   Special   Committee   appointed  to   draft  resolutions   ex- 
pressing sympathy  of  Council  and  citizens  with  Mayor  'Taggart 

and  family 478-!-) 

Report  of   Special   Committee  appointed   to   draft  resolutions  ex- 
pressing sympathy  of  Council  for  Albert  Zearing 652 

COMMITTEES-STANDING. 

Standing  Committees,  appointment  of 4-5 

President  fills  vacancy  on  Committee  on  Rules 43 

Standing  Committees  (revised),  appointment  of 61 

G.  O.  No.  8,  1898.    An  ordinance  providing  for  a  Standing  Committee  on 
Parks,  and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 135 

Read  first  time  and  referred , 135 

Committee  report— majority 144 

Committee  report— minority. 144-5 

Read  second  time,  ordered  engrossed,  read  third  time  and  failed  to 
pass    177 

COMMITTEES— STANDING- REPORTS  OF. 

Accounts  and  Claims. 

Report  on  App.  O.  No.  1,  1898 132-3 

Report  on  App.  O.  No.  4,  1898 164-5 

Report  on  App.  O.  No.  5,  1898 191 

Report  on  App.  O.  No.  6,  1898 297 

Report  on  G.  O.  No.  47.  1898 312 

Report  on  App.  O.  No.  10,  1898 437 

Report  on  App.  O.  No.  3}  1899 532 

Report  on  App.  O-  No.  5.  1899. 532 

Contracts  and  Franchises. 

Report  on  G.  O.  No.  73,  1897 80-1 

P.eport  on  G.  O.  No.  73,  1897 120-1 

Report  on  G.  O.  No.  1 .  1898 142-3 

Report  on  G.  O.  No.  6.  1898 191 

Report  on  G.  O.  No.  37,  1898— majority  and  minority 261-4 

Report  on  G.  O.  No.  41,  1898 292 

Report  on  G.  O.  No.  13,  1898— majority  and  minority 297-301 

Report  on  G.  O.  No.  44,  1898— majority  and  minority 312-13 

Report  on  G.  O.  No.  45.  1S98 324 

Report  on  G.  O.  No.  3,  1899 532-3 

Report  on  G.  O.  No.  4,  1899'. 533 

Report  on  G.  O.  No.  11,  1899 577 

Report  on  G.  O.  No.  13.  1899 577-8 

Report  on  G.  O.  No.  7,  1899 578 

Report  on  G.  O.  No.  16,  1899 606 

Report  on  G.  O.  No.  78,  1898 622 


1 897-99]       An  Index  to  the  Journal  of  the  Common  Council.  23 


Report  on  G.  O.  No.  IS,  1899 (;:>>2 

Report  on  G.  O.  No.  29,  1899 666 

Report  on  G.  O.  No.  30,  1899 C67 

Report  on  G.  O.  No.  32,  1899 667 

Report  on  G.  O.  No.  38,  1899 , 704 

Elections. 
Report  on  Communication  from  Board  of  School  Commissioners.  .  ..301-2 

Report  on  G.  O.  No.  47,  1899 747-9 

Report  on  G.  O.  No.  49,  1899 754 

Report  on  G.  O.  No.  50,  1899 7G2 

Fees  and  Salaries. 

Report  on  G.  O.  No.  15,  1898 181--2 

Report  on  G.  O.  No.  38,  1898 437 

Report  on  G.  O.  No.  43.  1898 437-8 

Report  on  G.  O.  No.  6   1899 533 

Report  on  G.  O.  No.  9,  1899 641 

Finance. 

Report  on  App.  O.  No.  19,  1 897 17-18 

Report  op  App.  O.  No.  20.  1897 40 

Report  on  App.  O.  No.  21,  1897 81 

Report  on  App.  O.  No.  22,  1897 100 

Report  on  App.  O.  No.  2,  1898 143 

Report  on  App.  O.  No.  3,  1898 165 

Report  on  G.  O.  No.  18,  1898 193 

Report  on  G.  O.  No.  16,  1898 194 

Report  on  G.  O.  No.  36,  1898 230 

Report  on  Resolution  No.  8,  1898 266-7 

Report  on  App.  O.  No.  7,  1898 354 

Report  on  G.  O.  No.  60,  1898 401 

Report  on  App.  O.  No.  8,  1898 401 

Report  on  App.  O.  No.  9,  1898 402 

Report  or.  G.  O.  No.  66.  1898 420 

Report  on  G.  O.  No.  67,  1898 421 

Report  on  G.  O.  No.  70,  189S 438 

Report  on  G.  O.  No.  68,  1898— majority  and  minority 438-40 

Report  on  G.  O.  No.  72,  1898 440-1 

Report  on  G.  O.  No.  76,  1898 453 

Report  on  App.  O.  No.  1,  1899 471 

Report  on  App.  O.  No.  2,  1899 503-4 

Report  on  App.  O.  No.  4,  1899 534 

Report  on  G.  O.  No.  12.  1899 564-5 

Report  on  App.  O.  No.  6,  1899 565 

Report  on  App.  O.  No.  7.  1899 610 

Report  on  App.  O.  No.  8,  1899 610 

Report  on  App.  O.  No.  9,  1899 611 

Report  on  App.  O.  No.  10,  1899 611 

Report  on  App.  O.  No.  11,  1899 623 

Report  on  App.  O.  No.  12.  1899 642 

Report  on  G.  O.  No.  27,  1899 667 

Report  on  App.  O.  No.  13,  1899 683 

Report  on  G.  O.  No.  26,  1899 691-2 

Report  on  G.  O.  No.  42,  1899 704 

Report  on  App.  O.  No.  14,  1 899 704-5 

Report  on  G.  O.  No.  36,  1899 712-13 

Report  on  App.  O.  No.  15,  1899 .    750 

Report  on  G.  O.  No.  48,  1899 757 


24  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


Judiciary. 

Report  on  communication  of  "League  of  American  Municipalities".  50-1 

Report  on  G.  O.  No.  4,  1898 , 144 

Report  on  G.  O.  No.  8,  1898— majority  and  minority 144-5 

Report  on  Resolution  No.  29,  1897. 165-6 

Report  on  Resolution  No.  1,  1S9S 166 

Report  on  Resolution  No.  4,  1898 182 

Report  on  G.  O.  No.  13,  1898 194 

Report  on  G.  O.  No.  55,  1898 . 366 

Report  on  G.  O.  No.  64:,  1898 471 

Ordinances. 

Report  on  petition  of  residents  of  the  Vicinity  of  St.  Joseph  and 
Alabama  streets,  requesting  regulation  of  speed  on  Alabama 
street  car  line 302-3 

Report  on  Resolution  No.  12,  1898 483-4 

Public  Health. 

Report  on  G.  O.  No.  62,  1897 66 

Report  oji  G.  O.  No.  66,  1897 : 66-7 

Report  on  G.  O.  No.  65,  1897 94 

Report  on  G.  O.  No.  75,  1897 95 

Report  on  G,  O.  No.  3,  1898 133 

Report  on  G.  O.  No.  25,  1898 210 

Report  on  G.  G.  No.  74,  1898 441 

Report  on  G.  O.  No.  75,  1898 ~. 441 

Report  on  G.  O.  No.  44,  1899 713 

Public  Morals. 

Report  on  G.  O.  No.  63.  1897 51-2 

Report  on  G.  O.  No.  39,  1898 324 

Public  Property  and  Improvements. 

Report  on  G.  O.  No.  67,  1897 100-1 

Report  on  G.  O.  No.  21,  1898 204 

Report  on  G.  O.  No.  10,  1898 267 

Report  on  G.  O.  No.  50,  1898— majority  and  minority 344-5 

Report  on  G.  O.  No.  51,  1898 345 

Report  on  G.  O.  No.  54,  1898 362 

Report  on  G.  O.  No.  1,  1899 484-5 

Report  on  G.  O.  No.  5,  1899 534 

Report  on  G.  O.  No.  22,  1899 633 

Report  on  G.  O.  No.  43,  1899 705 

Report  on  G.  O.  No.  14,  1899 762 

Public  Safety  and  Comfort. 

Report  on  G.  O.  No.  61,  1897 18-19 

Report  on  G.  O.  No.  69,  1897 82 

Report  on  G.  O.  No.  74,  1897 121 

Report  on  G.  O.  No.  2.  1898— majority  and  minority 145-6 

Report  on  G.  O.  No.  12;  1898 167 

Report  on  Resolution  No.  3,  1898 194-5 

Report  on  G.  O.  No.  68.  1897 195 

Report  on  G.  O.  No.  23,  1898 210-11 

Report  on  G.  O.  No.  57.  1898 381-2 

Report  on  G.  O.  No.  42,  1898 . 421 

Report  on  G.  O.  No.  78,  1898 454 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council. 


Report  on  G.  O.  No.  5,  1898 454 

Report  on  G.  O.  No.  10,  1899 5(55-6 

Report  on  O.  O.  No.  78,  1898 61.1-12 

Report  on  G.  O.  No.  28,  1 899 ' 663 

Report  on  G.  O.  No.  21,  1899 < 668 

Report  on  G.  O.  No.  31,  1899 008 

Report  on  G.  O.  No.  40,  1899 705 

Railroads. 

Report  on  G.  O.  No.  48,  1898 349 

Report  on  G.  O.  No.  20,  1899 033 

Report  on  G.  O.  No.  34,  1899 083 

Report  on  G.  O.  No.  35,  1899 724-5 

Rules. 

Report  on  Rules  to  govern  Common  Council 52-8 

Report  on  communication  from  Mayor  of  Terre  Haute,  pertaining 
to  formation  of  State  League  of  Municipalities ....    463 

Sewers,  Streets  and  Alleys. 

Report  on  G.  O.  No.  04,  1897 82 

Report  on  G.  O.  No.  9,  1898 182 

Report  on  G.  O.  No.  19,  1898 195-0 

Report  on  G.  O.  No.  22,  1898 204 

Report  on  G.  O   No.  20,  1898 205 

Report  on  G.  O.  No.  28,  1898 231-2 

Report  on  G.  O.  No.  30,  1898 231-2 

Report  on  G.  O.  No.  31,  1898 231-2 

Report  on  G.  O.  No.  32,  1898 231-2 

Report  on  G.  O.  No.  34,  1898 , 231-2 

Report  on  G.  O.  No.  35,  1898 231-2 

Report  on  G.  O.  No.  29,  1898 232 

Report  on  G.  O.  No.  20,  1898 303 

Report  on  G.  O.  No.  40,  1898 303-4 

Report  on  G.  O.  No.  01,  1898 395 

Report  on  G.  O.  No.  56,  1898 396 

Report  on  G.  O.  No.  09,  1898 442 

Report  on  G.  O.  No.  77,  1898 454-5 

Report  on  G.  O.  No.  79,  1898 471 

Report  on  G.  O.  No.  58,  1898 504 

Report  on  G.  O.  No.  15,  1899 578-9 

Report  on  G.  O.  No.  17,  1899 023 

Report  on  G.  O.  No.  19,  1899 051 

Report  on  G.  O.  No.  24,  1898 752 

Investigation  and  Impeachment. 

Report  on  Resolution  No.  10,  1S98,  directing  investigation  of  mat- 
ters connected  with  purchase  of  Riverside  Park 522-3 

CURFEW. 

G.  O.  No.  63.  1897.  An  ordinance  prohibiting  persons  under  fifteen  years 
of  asre  on  the  streets,  alleys  or  public  places  in  the  City  of  Indian- 
apolis, Indiana,  at  night  after  the  hour  of  nine  o'clock  u.  m.,  from 
March  1st  to  August  31st,  inclusive,  of  each  year,  and  from  Septem- 
ber 1st  to  the  last  day  of  February,  inclusive,  of  each  year,  after  the 
hour  of  eight  p.  m.,  and  prescribing  penalties  for  the  violation 
thereof. 


26  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


Introduced  25 

Read  first  time  and  referred 27 

Petition  requesting  passage  of  ordinance .. 26-7 

Committee  report 51-2 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 90-2 

Notice  to  call  up  ordinance  at  next  meeting  for  reconsideration.  ...  92 

Motion  to  reconsider  lost 105 

Approved  by  Mayor 108 

CUSTODIAN. 

G.  O.  No.  38,  1898.  An  ordinance  providing  for  the  appointment  of  a 
custodian  and  assistants  for  the  City  Hall,  fixing  the  salaries  thereof 
and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced    , 250 

Read  first  time  and  referred 251 

Committee  report 437 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  416-7 

Approved  by  Mayor 452 

DIS  ANNEXATION. 

G.  O.  No.  14.  1899.  An  ordinance  to  disannex  certain  territory  from  the 
City  of  Indianapolis,  and  declaring  an  emergency.  (Thirtieth  and 
School  streets,  Brightwood.) 

Introduced 568 

Petition  of  property  oAvners  requesting  passage  of  ordinance 568-9 

Read  first  time  and  referred 569 

Committee  report 762 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    765 
Approved  by  Mayor 76S 

DOGS. 

G.  O.  No.  17,  1898,  An  ordinance  providing  for  the  impounding  of  dogs, 
the  appointment  'of  a  Pound-Master,  defining  his  duties,  and  pre- 
scribing penalties  for  its  violation 

Introduced   173 

Read  first  time  and  referred 175 

ELECTIONS. 

Election  of  President  of  Common  Council 2-3 

Election  of  President  pro  tern,  of  Common  Council 3 

Election  of  President  of  Common  Council,  former  President  having 

resigned 12 

Councilman-at-Large— Notice  of  election 31 

Councilman-at-Large — Notice  of  election 45 

Election  of  Councilman-at-Large 47 

Communication  from  Board  of  School  Commissioners,  in  reference 
to  election  of  School  Commissioners  in  Districts  4,  7  and  8,  Satur- 
day, June  11,  189S.    Referred. 270 

Committee  report  on  communication  from  Board  of  School  Com- 
missioners  301-2 

Election  Inspectors  for  city  election,  October  10,  1899 716-21 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  27 


Committee  on  Elections  instructed  to  thoroughly  test  all  voting 
machines 758-9 

Appointment  of  Election  Inspectors  for  city  election  in  precincts 
where  vacancies  have  occurred 763-5 

Appointment  of  Election  Inspectors  for  city  (election  in  precincts 
where  vacancies  have  occurred 768-70 

Appointing  Inspector  for  city  election  in  Fifth  Precinct  of  Fif- 
teenth Ward .772-3 

G.  O.  No.  50,  3899.  An  ordinance  authorizing  and  ordering  the  use  of 
voting  machines  in  certain  voting  precincts  of  the  City  of  Indian- 
apolis, Indiana,  and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced    757 

Read  first  time  and  referred 758 

Committee  report 762 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 765-6 

Approved  by  Mayor 768 

G.  O.  No.  51,  1899.  An  ordinance  repealing  an  ordinance  entitled  "An 
ordinance  authorizing  and  ordering  the  use  of  voting  machines  in 
certain  voting  precincts  of  the  City  of  Indianapolis,  Indiana,  and  fix- 
ing the  time  when  the  same  shall  take  effect,"  passed  and  ordained 
on  the  2d  day  of  October,  1899,  and  fixing  the  time  when  the  same 
shall  take  effect. 

Introduced 772 

Read  first  time,  rules  suspended,  read  second  time,  ordered  en- 
grossed, read  third  time  and  passed 772 

Approved  by  Mayor October  9,  1899 


ELECTRIC  LIGHT  AND  POWER. 


G.  O.  No.  6,  1898.  An  ordinance  fixing  the  maximum  rate  to  be  charged 
for  the  use  of  electric  lights,  providing  a  penalty  for  the  violation 
thereof,  and  repealing  all  ordinances  in  conflict  therewith,  and  de- 
claring an  emergency. 

Introduced  124 

Read  first  time  and  referred 124 

Committee  report 191 

Opinion  from  City  Attorney 192-3 

Read  second  time  and  stricken  from  files 200 

G.  O.  No.  7,  1899.  An  ordinance  ratifying,  confirming  and  approving  a 
certain  contract  and  agreement  made  and  entered  into  on  the  20th 
day  -of  February,  1899,  between  the  City  of  Indianapolis,  by  and 
through  its  Board  of  Public  Works,  and  the  Chenoweth  Light  and 
Power  Company,  of  said  city,  whereby  said  company  is  authorized 
to  construct  and  operate  an  electric  lighting,  heating  and  power 
plant  within  a  certain  part  of  the  City  of  Indianapolis,  and  fixing 
the  time  when  the  same  shall  take  effect. 

Introduced  i 534 

Read  first  time  and  referred 5^2 

Committee  report 57s 

Read  second  time  and  stricken  from  files 581 


28  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


ELEVATION  OF  RAILROAD  TRACKS. 

G.  O.  No.  35,  1899.  An  ordinance  for  the  restoration,  of  highways  and 
streets  in  the  City  of  Indianapolis,  whose  surface  is  occupied  by 
railroad  tracks,  by  the  removal  of  such  tracks,  and  for  the  removal 
of  railroad  tracks  from  the  surface  of  highways  and  streets  in  such 
city,  providing  penalties  for  its  violation,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Introduced 669 

Read  first  time  and  referred 675 

Committee  report 724-5 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 725-6 

Motion  to  reconsider  lost 726 

Approved  by  Mayor 730 


EXPRESS  WAGONS. 

G.  O.  No.  58,  1S98.  An  amendment  to  the  second  clause  of  G.  O.  No.  76 
by  adding  the  'space  on  East  Market  square  as  a  public  express 
wagon  stand. 

Introduced 367 

Read  first  time  and  referred 367 

Committee  report 504 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    511 
Vetoed  by  Mayor. -.- 515 

G.  O.  No.  15,  1899.  An  ordinance  to  prohibit  the  owners,  agents,  serv- 
ants or  employes  of  express  wagons  or  other  vehicles  used  for  carry- 
ing freight  or  passengers  within  said  city,  from  soliciting  business  at 
other  places  than  therein  provided,  and  providing  a  penalty  for  the 
violation  thereof. 

Introduced 569 

Read  first  time  and  referred 569 

Committee  report 578-9 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 581 

Approved  by  Mayor 615-16 

G.  O.  No.  19,  1899.  An  ordinance  to  amend  section  one  of  an  ordinance 
entitled  "An  ordinance  to  prohibit  the  owners,  servants  or  employes 
of  express  wagons  or  other  vehicles  used  for  carrying  freight  or 
passengers  within  said  city,  from  soliciting  business  at  other  places 
than  therein  provided,  and  providing  a  penalty  for  the  violation 
thereof,"  passed  by  the  Common  Council  April  3,  1899,  being  known 
and  designated  as  General  Ordinance  No.  15,  1899;  also  to  amend 
the  title  of  said  ordinance,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Introduced , 626 

Read  first  time  and  referred 62(3 

Committee  report 651 

Opinion  of  City  Attorney." .651-2 

Read  second  time,  motion  to  strike  from  files  lost,  amendment  of- 
fered, and  ordinance  and  amendment  referred 663-4 

Called  from  committee 706 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  29 


G.  O.  No.  S3,  1S99.  An  ordinance  to  prohibit  the  owners,  agents,  serv- 
ants or  employes  of  express  wagons  or  other  vehicles  used  for  carry- 
ing freight  or  passengers  within  said  city  from  soliciting  business  at 
other  places  than  therein  provided,  repealing  all  ordinances  in  con- 
flict, and  providing  a  penalty  for  the  violation  thereof. 

Introduced G62 

Read  first  time  and  referred 602 

G.  O.  No.  45,  1899.  An  ordinance  to  prohibit  the  owners,  agents,  serv- 
ants or  employes  of  any  transfer  line,  express  wagon,  omnibus,  hack, 
hansom  or  carriage  or  other  vehicles  used  for  carrying  passengers  to 
and  from  any  iof  the  passenger  deoots  situated  in  said  city  from 
soliciting  business  within  the  confines  or  enclosures  or  train  sheds 
in  any  of  said  passenger  depots  within  said  city,  from  soliciting  busi- 
ness from  other  places  than  herein  provided,  and  providing  a  penalty 
for  the  violation  thereof. 

Introduced   708 

Read  first  time  and  referred 708 

FENCES— BARBED  WIRE. 

G.  O.  No.  02,  1898.  An  ordinance  prohibiting  the  erection  or  main- 
tenance of  barbed  wire  fences  within  the  corporate  limits  of  the  City 
of  Indianapolis,  Indiana,  and  providing  penalties  for  the  violation 
thereof. 

Introduced 389 

Read  first  time  and  referred 389 

'FIRE  LIMITS. 

G.  O.  No.  23,  1899.  An  ordinance  permitting  Thomas  X.  Logan  to  erect 
a  frame  building  within  the  tire  limits  of  the  City  fof  Indianapolis, 
and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced   : 034 

Read  first  time  and  referred 034 

Committee  report 008 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    079 
Approved  by  Mayor 082 

G.  O.  No.  31,  1899.  An  ordinance  amending  Section  1  of  an  ordinance 
entitled  "An  ordinance  defining  the  fire  limits  in  the  City  of  Indian- 
apolis and  the  character  of  the  buildings  which  are  forbidden  to  be 
erected  within  such  limits,  and  matters  connected  therewith,"  ap- 
proved by  the  Mayor  July  25,  1894,  and  fixing  ythe  time  when  the 
same  shall  take  effect. 

Introduced 000 

Read  first  time  and  referred 001 

Committee  report ' 008 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. . 079-80 
Vetoed  by  Mayor 090-1 

G.  O.  No.  40,  1899.  An  ordinance  defining  the  fire  limits  of  the  City  of 
Indianapolis,  and  the  character  of  buildings  which  are  forbidden  to 
be  erected  within  such  limits,  and  matters  connected  therewith,  and 
fixing  a  time  vdien  the  same  shall  take  effect. 

Introduced  094 

Read  first  time  and  referred 695 

Committee  report 705 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    707 
Approved  by  Mayor 712 


An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


FLAGMEN. 

G.  O.  No.  42,  1898.  An  ordinance  requiring  the  Lake  Erie  &  Western 
Railroad  Company  and  the  Chicago,  Indianapolis  &  Louisville  Rail- 
road Company  to  station  and  maintain  one  flagman  at  the  crossing 
of  Twentieth  street  by  the  tracks  of  .said  companies,  and  fixing  a 
time  for  its  taking  effect. 

Introduced 288 

Read  first  time  and  referred 289 

Committee  report 421 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  433 

Approved  by  Mayor 435-6 

G.  O.  No.  48,  1898.  An  ordinance  requiring  the  Jeffersonville,  Madison 
&  Indianapolis  Railroad  Company  to  station  and  maintain  a  flagman 
at  Raymond  street,  where  the  tracks  of  said  company  cross  the  same, 
providing  a  penalty  for  the  violation  thereof,  and  fixing  the  time 
when  the  same  shall  take  effect. 

Introduced • 313 

Read  first  time  and  referred 314 

Committee   report . 349 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed    356-7 

Approved  by  Mayor 362 

G.  O.  No.  20.  1S99.  An  ordinance  requiring  the  Pittsburg,  'Cincinnati, 
Chicago  &  St.  Louis  Railroad  Company  to  station  a  flagman  at  the 
crossing  of  Minnesota  street,  providing  a  [penalty  for  the  violation 
thereof,  and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 627 

Read  first  time  and  referred 627 

Committee  report 633 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    637 
Approved  by  Mayor 639-49 

G.  O.  No.  34,  1899.  An  ordinance  requiring  the  Cleveland,  Cincinnati, 
Chicago  &  St.  Louis  Railway  Company  to  station  and  maintain  a 
flagman  at  the  point  on  Hillside  avenue  in  the  City  of  Indianapolis 
where  the  tracks  of  said  company  cross  the  same,  providing  a  pen- 
alty for  the  violation  thereof,  and  fixing  the  time  when  the  same 
shall  take  effect. 

Introduced 662 

Read  first  time  and  referred 683 

Committee  report 683 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    087 
Approved  by  Mayor 699 

G.  O.  No.  39.  1899.  An  ordinance  requiring  the  Indianapolis,  Decatur  & 
Western  Railway  Company,  the  Peoria  &  Eastern  Railroad  Com- 
pany, and  the  Cleveland,  Cincinnati,  Chicago  «fc  St.  Louis  Railway 
Company  to  station  a-flagman  at  the  crossing  of  said  companies'  rail- 
road tracks  and  Holmes  avenue,  in  the  City  of  Indianapolis,  provid- 
ing a  penalty  for  the  violation  thereof,  and  flxing  a  time  when  the 
same  shall  take  effect. 

Introduced 693 

Read  first  time  and  referred 694 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  31 


GARBAGE  AND  NIGHT  SOIL. 

G.  O.  No.  65,  1897.  An  ordinance  regulating-  the  keeping  or  standing  of 
garbage  wagons  in  the  City  of  Indianapolis,  fixing  a  penalty  for  the 
violation  thereof,  and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 27 

Read  first  time  and  referred 28 

Committee  report = 94 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  96 

Motion  to  reconsider  lost 97 

Approved  by  Mayor 1 07 

G.  O.  No.  71,  1897.  An  ordinance  ratifying,  'confirming  and  approving 
the  certain  contract  and  agreement  made  and  entered  into  on  the 
6th  day  of  December,  1897,  between  the  City  of  Indianapolis,  by  and 
through  its  Board  of  Public  Works,  and  the  Indianapolis  Desiccating 
Company,  whereby  said  company  is  authorized  to  construct,  main- 
tain, lay  and  operate  upon  the  property  of  the  City  of  Indianapolis, 
comprising  a  public  place  known  as  Sellers  Farm,  a  railroad  track, 
providing  for  the  publication  of  the  same,  and  fixing  a  time  when  the 
same  shall  take  effect. 

1  ntroduced 67 

Read  first  time  and  referred 69 

Committee  report 80-1 

G.  O.  No.  1,  1898.  An  ordinance  ratifying,  confirming  and  approving  a 
certain  contract  and  agreement  made  and  entered  into  on  the  3d  day 
of  January,  1898.  between  the  City  of  Indianapolis,  by  and  through 
its  Board  of  Public  Works,  and  the  Indianapolis  Desiccatfng  Com- 
pany, whereby  said  company  is  authorized  to  construct,  maintain, 
lay  and  operate  upon  the  property  of  the  ICity  of  Indianapolis,  com- 
prising a  public  place  known  as  Sellers  Farm,  a  railroad  track,  pro- 
viding for  the  publication  of  the  same,  and  fixing  a,  itime  when  the 
same  shall  take  effect. 

Introduced 101 

Read  first  time  and  referred 104 

Committee  report 142-3 

Modification  of  contract. 142-3 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 155-6 

Approved  by  Mayor 158 

G.  O.  No.  25,  189S.  An  ordinance  providing  for  the  separation  of 
garbage  into  separate  vessels. 

Introduced 206 

Read  first  time  and  referred 206 

Committee  report 210 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    212 
Approved  by  Mayor 259-69 

G.  O.  No.  74,  1898.  An  ordinance  regulating  the  cleaning  of  vaults  and 
the  removal  of  night  soil  aud  other  noxious  matter,  providing  pen- 
alties for  the  violation  thereof,  and  fixing  the  time  when  the  same 
shall  take  effect. 


32  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


Introduced 430 

Read  first  time  and  referred 431 

Committee  report 441 

Re-referred  to  committee 400 

Committee  instructed  to  report  on  ordinance  at  next  meeting 511 

Called  from  committee,  read  second  time,  amended,  ordered  en- 
grossed, read  third  time  and  failed  to  pass 526-7 

GAS— ARTIFICIAL. 

G.  O.  No.  30.  4899.  An  ordinance  ratifying,  confirming  and  approving  a 
certain  contract  and  agreement  made  and  entered  into  on  the  28th 
day  of  June,  1899,  between  the  City  of  Indianapolis,  by  and  through 
its  Board  of  Public  Works,  and  the  Indianapolis  Gas  Company, 
wherein  and  whereby  certain  litigation  is  compromised,  and  the 
rates  to  be  charged  by  said  company  for  artificial  gas  for  illuminat- 
ing purposes,  for  a  period  of  ten  years,  are  stipulated,  and  fixing  the 
time  when  the  same  shall  take  effect. 

Introduced 655 

Read  first  time  and  referred : 060 

Committee   report G67 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .677-8 
Approved  by  Mayor 681-2 

G.  O.  No.  32,  1899.  An  ordinance  repealing  an  ordinance  entitled  "An 
ordinance  regulating  the  distribution  and  consumption  of  artificial 
gas;  fixing  the  price  thereof,  and  matters  connected  therewith;  pre- 
scribing a  penalty,  and  fixing  a  time  when  the  same  shall  take 
effect."  passed  by  the  Common  Council  August  2,  1897.  and  approved 
by  the  Mayor  August  9,  1897,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Introduced , 661 

Read  first  time  and  referred 662 

Committee  report 667 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    677 
Approved  by  Mayor 681-2 

HAULING  OF  SAND,  GRAVEL,  ETC, 

G.  O.  No.  7,  1898.  An  ordinance  regulating  hauling  and  transportation 
of  sand,  gravel  and  dirt;  defining  what  shall  constitute  a  load  for 
two  horses;  providing  a  penalty  for  the  violation  thereof,  and  fixing 
a  time  when  the  same  shall  take  effect. 

Introduced 1 34 

Read  first  time  and  referred 134 

Motion  to  call  from  committee  lost 178 

Called  from  committee 199 

Read  second  time,  ordered  engrossed,  read  third  time  and  failed 
to  pass 200 

HOTELS. 

G  O.  No.  23,  1898.  An  ordinance  authorizing  the  erection  of  a  portico 
or  vestibule  at  and  in  front  Of  the  public  entrance  to  the  Bates 
House  Hotel,  on  Illinois  street,  in  the  City  of  Indianapolis,  upon  con- 
ditions therein  named. 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  33 


Introduced 197 

Read  first  time  and  referred J  07 

Committee  report 210-11 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    212 
Approved  by  Mayor 229 

G.  O.  No.  57,  1898.  An  ordinance  authorizing  the  erection  of  a  portico 
or  vestibule  at  and  in  front  of  the  'public  entrance  to  the  Oneida 
Hotel,  on  Illinois  street,  in  the  City  of  Indianapolis,  upon  conditions 
therein  named. 

Introduced 366 

Read  first  time  and  referred 367 

Committee  report 381-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    392 
Approved  by  Mayor 405-6 

G.  O.  No.  21,  1899.  An  ordinance  authorizing  the  erection  of  a  portico 
or  vestibule  at  and  in  front  of  the  public  entrance  to  the  St.  Charles 
Hotel,  on  McCrea  street,  in  the  City  of  Indianapolis,  upon  conditions 
therein  named. 

Introduced 627 

Read  first  time  and  referred 628 

Committee  report „ 668 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    679 
Approved  by  Mayor 690 


ICE. 

G.  O.  No.  47,  1898.  An  ordinance  to  regulate  the  sale  of  ice  in  the  City 
of  Indianapolis,  to  provide  for  the  weighing  of  the  same,  prescribing 
penalties  for  the  violation  of  its  provisions,  and  providing  for  it:* 
taking  effect. 

Introduced 308 

Read  first  time  and  referred 303 

Committee  report 312 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    317 
Approved  by  Mayor 322 


INSPECTION. 

G.  O.  No.  62,  1897.  An  ordinance  to  provide  for  the  appointment  of  au 
Inspector  of  Plumbing  and  House  Drainage,  prescribing  his  qualifi- 
cations, powers  and  duties,  and  to  prescribe  the  mode  and  manner  of 
house  drainage  and  plumbing  in  the  City  of  Indianapolis;  prescrib- 
ing penalties  for  the  violation  thereof;  providing  for  the  publication 
thereof,  and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced  20 

Read  first  time  and  referred 25 

Committee  report 06 

Read  second  time,  amended  ordinance  offered  as  substitute,  and 

referred 72-7 

Ordinance  amended,   ordered   engrossed  as  amended,    read   third 

time  and  passed 105-6 

Vetoed  by  Mayor 108 


34:  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


G.  O.  No.  74,  1897.  An  ordinance  amending  Section  33  of  an  ordinance 
creating  the  office  of  Building  Inspector,  denning  the  power  and 
duties  attached  thereto,  authorizing  the  inspection  of  buildings  and 
other  structures,  regulating  their  construction,  repair  and  removal, 
requiring  the  issuance  of  a  license  or  permit  in  such  cases  before  any 
work  shall  be  begun,  regulating  the  building  of  party  walls  and  par- 
tition fences,  prescribing  in  what  proportion  adjoining  owners  shall 
bear  the  expense  of  the  same,  in  what  manner  such  expense  shall  be 
levied  and  collected,  and  defining  the  terms  upon  which  partition 
walls  already  established  may  be  used  by  adjoining  owners,  fixing  a 
penalty  for  the  violation  thereof,  repealing  certain  ordinances,  pro- 
viding for  publication,  and  fixing  the  time  when  the  same  shall  take 
effect,  approved  September  10s  1891. 

Introduced  86 

Read  first  time  and.  referred 87 

Committee  report 121 

Read  second  time  and  referred  to  Special  Committee 128 

Appointment  of  special  committee 135 

Report  of  Special  Committee 167-8 

G.  O.  No.  11,  1898.  An  ordinance  amending  section  seven  (7)  of  General 
Ordinance  No.  53,  1894— commonly  known  as  the  ''Building  Ordi- 
nance/' 

Introduced 148 

Read  first  time  and  referred  to  Special  Committee 148 

Report  of  Special  Committee 169 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    177 
Approved  by  Mayor 180 

LAWNS. 

G.  O.  No.  17,  1899.  An  ordinance  regulating  the  use  of  lawns,  providing 
a  penalty  for  the  violation  thereof,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced 012 

Read  first  time  and  referred 612 

Committee  report 623 

LICENSE. 

G.  O.  No.  2,  1898.  An  ordinance  licensing  and  regulating  sparring  and 
boxing  matches  in  the  City  of  Indianapolis,  providing  a  penalty  for 
the  violation  thereof,  and  fixing  the  time  when  the  same  shall  take 
effect. 

Introduced 104 

Read  first  time  and  referred 105 

Committee  report— majority 145 

Committee   report— minority 115-6 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    155 
Vetoed  by  Mayor 158 

G.  O.  No.  5,  1898.  An  ordinance  providing  for  the  licensing  of  concerts 
and  theatrical  performances  to  be  given  and  exhibited  on  Sunday. 

Introduced 123 

Read  first  time  and  referred 123 

Committee  report 454 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  35 


G,  O.  No.  39,  189S.  An  ordinance  designating  the  license  fee  to  be  paid 
to  the  City  of  Indianapolis  by  distilleries  and  breweries  and  the 
depots  or  agencies  of  all  breweries  and  distilleries  located  or  main- 
tained in  the  territory  immediately  contiguous  to  the  said  City  of  In- 
dianapolis, and  lying  between  its  corporate  limits  and  a  line  drawn 
parallel  to  the  line  of  said  corporate  limits  at  a  distance  of  four  miles 
from  said  corporate  limits;  providing  a  penalty  for  the  violation 
thereof;  providing  for  the  publication  'of  the  same,  and  fixing  the 
time  when  the  same  shall  take  effect. 

Introduced 268 

Read  first  time  and  referred 209 

Committee  report 324 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed ~ 392-3 

Approved  by  Mayor . 400 

G.  O.  No.  53,  1898.  An  ordinance  to  amend  G.  O.  No.  39,  entitled  "An 
ordinance  designating  the  license  fee  to  be  paid  to  the  City  of  In- 
dianapolis by  distilleries  and  breweries,  and  the  depots  or  agencies 
in  said  city  Of  all  breweries  and  distilleries;  providing  a  penalty  for 
the  violation  thereof ;  repealing  conflicting  ordinances;  providing  for 
the  publication  of  the  same,  and  fixing  the  time  when  the  same  shall 
take  effect."  approved  December  8,  1893,  and  as  amended  June  j3, 
1894;  and  to  add  a  supplemental  section  to  said  ordinance. 

Introduced 350 

Read  first  time  and  referred 351 

G.  O.  No.  55,  1898.  An  ordinance  to  license  and  regulate  dealers  in 
second-hand  goods,  furniture  and  clothing,  and  dealers  in  junk. 

Introduced 355 

Read  first  time  and  referred 356 

Committee  report 366 

Read  second  time,  ordered  engrossed,  read  third  time  and  failed  to 

pass 393 

G.  O.  No.  77,  1898.  An  ordinance  to  amend  Sections  1,  9  and  10  of  an 
ordinance  entitled  ''An  ordinance  providing  for  license  upon  vehicles 
drawn  upon  the  streets  of  the  City  of  Indianapolis,  Indiana;  regu- 
lating the  construction  and  dimensions  of  tires  to  be  ,used  on  such 
vehicles,  and  providing  penalties  for  the  enforcement  of  the  same; 
also  for  the  publication  thereof,  and  the  date  when  the  same  shall 
take  effect,"  approved  November  27,  1893,  and  amended  February  1, 
1895,  providing  for  the  publication  of  the  same,  and  fixing  the  time 
when  the  same  shall  take  effect. 

Introduced    , 443 

Read  first  time  and  referred 445 

Committee  report 454-5 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  458-9 

Approved  by  Mayor 402 

G.  O.  No.  37,  1899.  An  ordinance  providing  for  licensing  persons  who 
bay,  sell,  or  in  any  manner  deal  in,  or  traffic  in,  railway  tickets,  the 
license  fee  required,  the  length  of  time  such  license  is  to  run,  and 
providing  a  penalty  for  violating  said  ordinance. 

Introduced 676 

Read  first  time  and  referred. 677 


36  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


G.  O.  No.  41,  1899.  An  ordinance  regarding  the  license  fee  to  be  paid  to 
the  City  of  Indianapolis  by  wholesale  dealers  in  malt  liquors. 

Introduced 695 

Read  first  time  and  referred 696 

G.  O.  No.  42,  1899.  An  ordinance  amending  Sections  ten  (10)  and  eleven 
(11)  of  an  ordinance  entitled  "An  ordinance  requiring  auctioneers, 
peddlers,  hucksters  and  certain  classes  of  public  showmen  to  pay  a 
license  to  the  City  of  Indianapolis,  regulating  certain  matters  con- 
nected with  the  business  of  such  persons,  and  repealing  certain  ordi- 
nances herein  specified,"  approved  June  14,  188(5,  and  fixing  a  time 
when  the  same  shall  take  effect.  (Consent  of  all  resident  voters 
within  one  square  of  proposed  location  necessary  to  secure  license.) 

Introduced 696 

Read  first  time  and  referred 697 

Committee  report 704 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .707-8 
Approved  by  Mayor 712 

G.  O.  No.  44,  1899.  An  ordinance  requiring 'manufacturers  of  and  whole- 
salers and  retailers  in  cigarettes  to  obtain  a  license  and  pay  a  fee 
therefor,  providing  penalties  for  its  violation,  and  fixing  a  time  when 
the  same  shall  take  effect. 

Introduced 699 

Read  first  time  and  referred 700 

Committee  report 713 

Opinion  of  Deputy  City  Attorney -. 713-14 

MARKETS. 

G.  O.  No.  67,  1897.  An  ordinance  establishing  the  location  of  a  market 
for  hay  and  cereals  in  the  City  of  Indianapolis,  providing  for  the 
weighing  of 'the  same  by  the  City  Weighmaster,  prescribing  a  pen- 
alty for  the  violation  of  the  said  ordinance,  and  repealing  all  ordi- 
nances in  conflict  therewith. 

Introduced 40 

Read  first  time  and  referred. 41 

Committee  report 100-1 

Read  second  time,  amended  ordinance  offered  as  substitute,  and 
referred 126-7 

G.  O.  No.  15,  J 898.  An  ordinance  amending  Subdivision  2  of  Section  6 
of  an  ordinance  entitled  "An  ordinance  authorizing  the  employment 
of  certain  clerks,  assistants  and  employes,  and  providing  for  their 
compensation;  providing  for  the  compensation  of  certain  officers, 
heads  of  departments,  clerks  and  employes;  fixing  the  compensation, 
salaries  and  wages  of  certain  officers,  clerks  and  employes  of  the 
City  of  Indianapolis,  Indiana;  repealing  conflicting  ordinances  and 
fixing  the  time  when  this  ordinance  shall  take  effect,"  approved 
January  IS.  1894,  and  fixing  the  time  when  this  ordinance  shall  take 
effect.    (Increasing  salary  of  Assistant  Market  Master.) 

Introduced 170 

Read  first  time  and  referred »    171 

Committee    report 181-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    186 
Approved  by  Mayor 190-1 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  37 


G.  O.  No.  43,  1899.  An  ordinance  establishing  a  South  Side  Market  in 
the  City  of  Indianapolis,  prescribing-  general  regulations  for  the 
same,  prescribing  and  defining  the  general  powers,  functions  and 
duties  of  the  Market  Master  and  other  employes,  concerning  matters 
connected  therewith,  providing  penalties  for  the  violation  thereof, 
providing  for  publication  and  fixing  the  time  when  the  same  shall 
take  effect. 

Introduced 697 

Read  first  time  and  referred 099 

Committee  report 705 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .  707 
Approved  by  Mayor 711-12 

MAYOR. 

Communication  from,  approving  Resolution  No.  26,  1897 3 

Communication  from,  approving  Resolution  No.  27,  1897 3 

Call  for  special  meeting  to  elect  Councilman-at-Large 31 

Communication  from,  approving  G.  O.  No.  61,  1897 35 

Communication  from,  in  reference  to  communication  of  "League  of 

American  Municipalities" 36 

Call  for  special  meeting  to  elect  Councilman-at-Large 45 

Communication  from,  approving  App.  O.  No.  20,  1897 50 

Communication  from,  approving  App.  G\  No.  21,  3897 94 

Communication  from,  approving  G.  O.  No.  64,  1897 99 

Communication  from,  approving  Resolution  No.  30,  1S97,  and  G.  O. 

No.  65,  1897 .  . 107 

Communication  from,  approving  G.  O.  No.  03,  1897 108 

Communication  from,  returning  G.O.No.62,  1897,  without  approval    108 

Communication  from,  approving  App.  O.  No.  22,  1897 109 

Communication  from,  approving  G.  O.  No.  73,  1897 130 

Communication  from,  approving  G.  O.  No.  3,  1898 139 

Communication  from,  approving  App.  O.  No.  1,  1898,  and  App.  O. 

No.  2,  1898 157-8 

Communication  from,  returning  G.  O.  No.  2,  1898,  without  approval    158 

Communication  from,  approving  G.  O.  No.  1,  1S98 158 

Communication  from,  stating  the  financial  and  general  condition  of 

city  affairs 158-62 

Communication  from,  approving  App.  O.  No.  3,  1898 179 

Communication  from,  approving  G.  O.  No.  11,  1898 183 

Communication  from,  returning  G.  O.  No.  4,  1898,  without  approval  189 
Communication  from,  approving  App.  O.  No.  4,  1898.  Resolution  No. 

5,  1898,  and  G.  O.  No.  15,  1898 190-1 

Communication  from,  approving  G.  O.  No.  69,  1897,  G.  O.  No.  9, 

1898,  G.  O.  No.  16,  1898,  G.  O.  No.  18,  1898,  G.  O.  No.  19,  1898,  and 

App.  O.  No.  5,  1898 203-4 

Communication  from,  annrovins:  G.  O.  No.  20,  1898,  G.  O.  No.  21, 

1898,  and  G.  O.  No.  22,  1898 209 

Communication  from,  approving  G.  O.  No.  23,  1898 229 

Communication  from,  approving  G.  O.  No.  25,  1898 259-60 

Communication  from,  approving  G.  O.  (No.  28,  1898,  G.  O.  No.  29, 

1898,  G.  O.  No.  30,  1898,  G.  O.  No.  31.  1S9S,  G.  O.  No.  32,  1898,  G. 

O.  No.  34,  1898,  and  G.  O.  No.  35,  1898 260-1 

Communication  from,  approving  G.  O.  No.  41,  1898 295-6 

Communication  from,  approving  Resolution  No.  8,  1898 296 

Communication  from,  armroving  Resolution  No.  9,  1898,  App.  O. 

No.  6,  1898,  G.  O.  INo.  26,  1898,  and  G.  O.  No.  40,  1898 311-12 

Communication  from,  approving  Resolution  No.  11,  1898 322 

Communication  from,  approving  G.  O.  No.  47,'  1898 322 


38  An  Index  to  the  Journal  of  the  Common  Ccuncil.       [1897-? 


Communication  from,  approving  G.  O.  No.  44,  1898 .822-3 

Communication  from,  'approving  G.  O.  No.  45.  1898,  and  G.  O.  No. 

50,   189S 347-8 

Communication  from,  approving  A  pp.  O.  No.  7,  189S,  G.  O.  No.   18 

1898,  and  G.  O.  No.  51,  1898 £62 

Communication  from,  approving  G.  O.  No.  54,  1898 365-8 

Communication  from,  in  reference  to  financial  requirements  of  vari- 
ous departments  for  the  fiscal  year  1899,  with  statement  of  City 

Comptroller.      Referred 374 

Communication  from,  approving  Resolution  No.   12,   1898,  Resolu- 
tion No.  13.  1898.  Resolution  No.  14,  1898,  and  G.  O.  No.  39,  1898.  .    400 
Communication  from,  aonroving  G.  O.  No.  56,  1898,  and  G.  O.  No. 

61,   1898 .7. 400-1 

Communication  from,  approving  G.  O.  No.  57,  1898 405-6 

Communication  from,  approving  App.  O.  No.  8,  1898,  App.  O.  No.  9, 

1898,  and  G.  O.  No.  60,  1898 409-10 

Communication  from,  approving  G.  O.  No.  42,  1898,  G.  O.  No.  66, 

1898,  and  G.  O.  No.  67,  1898 435-6 

Communication  from,  approving  G.  O.  No.  72,  1898 451 

Communication  from,  approving  App.  O.  No.  10,  1898,  G.  O.  No.  38, 

1898,  and  G.  O.  No.  70,  1898. . : 452 

Communication  from,  asking  for  immediate  investigation  of  insin- 
uations of  certain  newspapers  regarding  location  and  purchase  of 

Riverside  Park.     Referred 452 

Communication  from,  approving  G.  O.  No.  68,  1898. 461 

Communication  from,  approving  G.  'O.  No.  43,  1898,  G.  O.  No.  76, 

1898,  G.  O.  No.  77,  1898,  Resolution  No.  15,  1898,  and  Resolution 

No.  16,  1898 462 

Communication  from,  approving  Resolution  No.  1,  1899,  and  Reso- 
lution No.  2,  1899 ' 469-70 

Call  for  special  meeting  of  Council  on  Monday,  January  30,  1899.  . .    481 

Communication  from,  approving  App.  O.  No.  1.  1899 482 

Communication  from,  approving  G.  O.  No.  79,  1898,  and  Resolution 

No.  3,  1899 ; 482 

Communication  from,  approving  Resolution  No.  4,  1899 513 

Communication  from,  approving  App.  O.  No.  2,  1899,  and  Resolution 

No.  5,  1899 514 

Communication  from,  returning  G.  O.  No.  64,  1898,  without  approval  514 
Communication  from,  returning  G.  O.  No.  58,  1898,  without  approval    515 

Annual  message,  February  20,  1899 515-19 

Communication  from,  approving  Resolution  No.  6,  1899 529 

Communication  from,  approving  G.  O.  No.  1.  1899 530 

Communication  from,  approving  App.  O.  No.  3,  1899,  App.  O.  No.  4, 

1899,  and  App.  O.  No.  5.  1899 552 

Communication  from,  in  reference  to  resolutions  expressing  sym- 
pathy of  Council  with  Mayor  Taggart  and  family 552 

Call  for  special  meeting  of  Council  on  Wednesday.  March  15,  1899.  .  559 
Communication  from,  approving  G.  O.  No.  3,  1899,  G.  O.  No.  4.  1899, 

G.  O.  No.  5,  1899.  G.  O.  No.  6,  1899,  and  Resolution  No.  7,  1899.  .  ..563-4 
Communication  from,  armroving  App.  O.  No.  6.  1899,  G.  O.  No.  10, 

1899,  G.  O.  No.  12,  1899."  and  G.  O.  No.  64,  1898 573-4 

Communication  from,  approving  G.  O.  No.  16.  1899 609-10 

Communication  from,  approving  G.  O.  No.  13,  1899,  and  G.  O.  No. 

15,  1899 : 615-16 

Communication  from,  approving  App.  O.  No.  7,  1899,  App.  O.  No.  8, 

1899,  App.  O.  No.  9,  1899.  and  App.  O.  No.  10.  1899 616 

Communication  from,  approving  G.  O.  No.  11,  1899 621 

Communication  from,  approving  App.  O.  No.  11,  1899. 631 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  39 


Communication  from,  approving  G.  O.  No.  20,  1899,  G.  O.  No.  22, 
1899,  and  G.  O.  No.  78,  189S 639-40 

Communication  from,  approving  G.  O.  No.  18,  1899 G50 

Communication  from,  approving  G.  O.  No.  9,  1899,  and  App.  O.  No. 
12,   1899 G50 

Communication  from,  approving  G.  O.  No.  30,  1899,  and  G.  O.  No. 
32,   1899 381-2 

Communication  from,  approving  G.  O.  No.  23,  1899,  G.  O.  No.  27, 
1899,  and  G.  O.  No.  29,  1899 682 

Communication  from,  approving  G.  O.  No.  21,  1899 G90 

Communication  from,  approving  App.  O.  No.  13,  1899,  and  G.  O. 
No.  34,  1899 690 

Communication  from,  returning  (4.  O.  No.  31.  1899,  without  ap- 
proval     690-1 

Communication  from,  approving  App.  O.  No.  14,  1899,  G.  O.  No.  38, 
1899,  and  G.  O.  No.  43,  1899. 711-12 

Communication  from,  approving  G.  O.  No.  42,  1899 712 

Communication  from,  approving  G.  O.  No.  40,  1899 712 

Communication  from,  approving  Resolution  No.  9,  1899,  and  Reso- 
lution No.  10,  1899 730 

Communication  from,  approving  G.  O.  No.  35,  1899,  and  G.  O.  No. 
36,   1899 730 

Communication  from,  in  reference  to  financial  requirements  of  vari- 
ous departments  for  1900.  with  statement  from  Comptroller.  Re- 
ferred     730-1 

Communication  from,  approving  G.  O.  No.  47,  1899 752 

Communication  from,  approving  G.  O.  No.  49,  1899 755-6 

Communication  from,  approving  G.  O.  No.  24,  1898,  and  G.  O.  No. 
24,  1899 756 

Communication  from,  approving  Resolution  No.  11,  1899,  App  O. 
No.  15,  1899,  and  G.  O.  No.  48,  1899 761-2 

Communication  from,  approving  Resolution  No.  12,  1899,  G.  O.  No. 
14.  1899,  and  G.  O.  No.  50,  1899 708 

Communication  from,  approving  Resolution  No.  13,  1899 768 

MEETINGS— PUBLIC. 

G.  O.  No.  46,  1899.  An  ordinance  prohibiting  the  holding  of  public  meet- 
ings on  vacant  grounds  in  the  residence  part  of  the  City  of  Indian- 
apolis, except  upon  conditions  therein  prescribed,  providing  a  pen- 
alty for  the  violation  thereof,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Introduced 714 

Read  first  time  and  referred 715 

MISCELLANEOUS. 

Call  for  special  meeting  by  five  members  for  Tuesday,  October  26, 
1897   11 

Resignation  of  Couneilman-at-Large  Thomas  .T.  Montgomery 12 

Call  for  special  meeting  by  Mayor  Taggart,  for  the  purpose  of  elect- 
ing Councilman-at-Large 31 

Communication  of  ''League  of  American  Municipalities."    Referred      30 

Communication  from  Board  of  School  Commissioners,  in  reference 
to  "curfew  law."    Referred 42 

Call  for  special  meeting  by  Mayor  Taggart,  for  the  purpose  of  elect- 
ing Councilman-at-Large  . '. 45 

Council  went  into  Committee  of  the  Whole  for  the  purpose  of  con- 
sidering Resolution  No.  29,  1897 62 


40  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


Communication    from    "City    Government"    Publishing    Company. 

Referred 71-2 

Bond  of  City  Treasurer  William  H.  Schmidt  read  and  approved.  . . .88-90 
Call  for  special  meeting  by  five  members  for  Thursday,  December 

23,   1897 93 

Communication  from  West  Indianapolis  Woman's  Christian  Tem- 
perance Union,  expressing  thanks  to  members  of  Council  who 

voted  for  "curfew  law" 124 

Report  of  officers  of  Firemen's  Pension  Fund.    Referred 124-5 

Point  of  order J28 

Call  for  special  meeting  by  ten  members  for  Wednesday,  January 

1.9,  1898.  .  / * 129 

Communication  from  T.  M.  Goodloe,  of  Indianapolis  Fire  Inspec- 
tion Bureau,  in  regard  to  amendment  to  building  ordinance  per- 
mitting use  of  Jackson  Flue  and  Ventilator 168 

Communication  from  architect  Louis  H.  Gibson,  in  reference  to 
amendment  to  building  ordinance  permitting  use  of  Jackson  Flue 

and  Ventilator 168-9 

President  rules  Madden's  motion  out  of  order 200 

Appeal  taken  froni  decision  of  the  Chair 201 

Call  for  special  meeting  by  five  members  for  Friday.  April  22,  1S98.    213 
President  rules  that  it  requires  unanimous  consent  of  all  members 

of  Council  to  suspend  constitutional  rales 227 

Council  went  into  Committee  of  Whole  to  consider  report  of  Com- 
mittee on  Contracts  and  Franchises  on  G.  O.  No.  37.  1898 264-5 

Councilman  Shaffer  receives  permission  to  retire  from  meeting.  . .  .    265 
Communication  from  Board  of  School  Commissioners,  in  reference 
to  election  of  School  Commissioners  in  Districts  4,  7  and  8,  Satur- 
day, June  11,  1898.    Referred 270 

Call  for  special  meeting  by  five  members  for  Thursday,  May  19.1898    291 
Communication  from  Commercial  Club  Elevated  Railroad  Commis- 
sion, requesting  not  to  permit  the  laying  of  additional  railroad 

tracks  at  surface  grade 314  15 

Call  for  special  meeting  by  five  members  for  Monday,  September 

26,   1898 " 399 

Communication  from  Mayor  of  Terre  Haute,  asking  Council  to  ap- 
point a  committee  to  consider,  with  committees  of  various  cities 
of  State,  the  organization  of  a  State  Municipal  League.    Referred    432 
Committee  report  on  communication,  and  committee  appointed.  . .  .    463 
President  announces  death  of  ex-Councilman  Michael  J.  Burns.  . .  .    457 
Committee  appointed  to  draft  resolutions  of  respect  to  the  memory 

of  Michael  J.  Burns 457 

Committee  report 463 

Report  of  John  T.  Glazier,  Secretary  Firemen's  Pension  Fund 464-5 

Call  for  special  meeting  of  Council  by  Mavor  on  Monday,  January 

30,  1899 .' .'.    4S1 

Resolutions  of  Typographical  Union  No.  1  in  regard  to  street  rail- 
way franchise 546 

Invitation  of  New  Telephone  Company  to  Council  to  attend  recep- 
tion of  said  company 546 

Call   for   special   meeting   of    Council   by   Mavor    on    Wednesdav, 

March  15,  1899 .* 559 

Call  for  special  meeting  of  Council  by  President,  to  consider  con- 
tract with  Indianapolis'  Street  Railway  Company,  on  Thursday, 

April  (5,  1899 5S3 

Committee  from  Central  Labor  Union  requested  Council  that  in  the 
granting  of  a.  street  railway  franchise  three-cent  fares,  with  uni- 
versal transfers,  be  stipulated 604 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  41 


Call  for  special  meeting  of  Council  by  President,  for  the  purpose  of 
acting  upon  contract  with  Indianapolis  Street  Railway  Company.    605 

Communication  from  Swift  &  Co.,  protesting  against  passage  of 
track  elevation  ordinance 710 

Communication  from  Deering  Harvester  Company,  protesting 
against  passage  of  track  elevation  ordinance 725 

Communication  from  officers  of  Indianapolis  Free  Kindergarten 
and  Children's  Aid  Society,  requesting  donation  of  $1,000.  Re- 
ferred     75S 

MORGUES. 

G.  O.  No.  75,  1897.    An  ordinance  regulating  the  location  of  morgues  and 
undertaking  establishments  in  the  City  of  Indianapolis,  Indiana. 

Introduced 87 

Petition  of  Indianapolis  Propylamm  Association,  requesting  passage  87-8 

Petition  of  317  citizens,  requesting  passage 88 

Read  first  time  and  referred 88 

Committee   report ?      95 

Opinion  of  City  Attorney 95 

Read  second  time 97 

Communication  giving  Mr.  Whitsett's  views  ton  G.  O.  No.  75,  1897, 

read   97 

Ordinance  ordered  engrossed,  read  third  time  and  failed  to  pass.. .  .      97 

G.  O.  No.  3,  1898.    An  ordinance  regulating  the  location  of  morgues  and 
undertaking  establishments  in  the  City  of  Indianapolis,  Indiana. 

Introduced 122 

Read  first  time  and  referred. 123 

Committee  report 133 

Read  second,  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 135-6 

Motion  to  reconsider  lost. 136-7 

Approved  by  Mayor 139 

MOTIONS. 

To  adopt  rules  governing  old  Council  as  th^  rules  of  this  Council 
until  further  consideration  can  be  given  the  matter.    Carried 4 

To  reconsider  vote  by  which  G.  O.  No.  63.  1897,  was  passed,  Decem- 
ber 20,  1897.    Lost 105 

To  suspend  rule  prohibiting  smoking  in  the  Council  Chamber.  Car- 
ried        176 

To  call  G.  O.  No.  7,  1898,  from  committee.     Lost 178 

That  Article  4  of  Rule  1,  prohibiting  smoking  in  Council  Chamber, 
be  stricken  out.    Referred 185 

That  President  appoint  committee  of  five  to  visit  Councilman  James 
W.   McGrew 186 

That  G.  O.  No.  37,  1898,  and  recommendations  of  the  Committee  of 
the  Whole,  be  referred  to  Board  of  Public  Works.    Carried 271 

That  Committee  on  Contracts  and  Franchises  report  on  G.  O.  No. 
41,  1898,  at  next  meeting  of  Council.    Carried 290 

That  President  appoint  committee  to  draft  resolutions  of  respect  to 
the  memory  of  ex-Councilman  Michael  J.  Burns.    Carried 457 

That  President  appoint  special  committee  to  draft  resolutions  ex- 
pressing sympathy  of  Council  and  citizens  with  Mayor  Taggart 
and  family  on  account  of  loss  of  eldest  daughter,  Florence  Tag- 
gart.    Carried 47S 


42  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


That  President  appoint  special  committee  to  have  resolutions  ex- 
pressing sympathy  with  Mayor  Taggart  and  family  lithographed 
and  present  same  to  Mr.  Taggart 479 

That  President  appoint  special  committee  to  consult  City  Attorney 
relative  to  amendment  to  city  charter  conferring  upon  Council 
authority  to  compel  elevation  of  railroad  tracks.    Carried 502 

That  President  appoint  special  committee  to  be  known  as  Com- 
mittee on  Elevation  of  Railroad  Tracks-.    Carried 618 

That  President  appoint  special  committee  to  draft  resolutions  ex- 
pressing sympathy  of  Council  for  Albert  Zearing,  on  account  of 
loss  of  mother.    Carried ' 647 

That  Council  express  thanks  to  President,  Vice-President,  Clerk, 
Deputy  Clerk,  Sergeant-at-Arms  and  minority  members  for  cour- 
teous conduct.     Carried 770 


NUISANCE— PUBLIC. 

G.  O.  No.  78,  1898.  An  ordinance  declaring  the  emission  into  the  open 
air  of  dense  smoke,  containing  soot  or  other  deleterious  substances, 
from  the  smoke  stacks,  chimneys  or  flues  of  any  building  or  struc- 
ture within  the  City  of  Indianapolis,  to  be  a  nuisance,  and  prohibit- 
ing the  same,  providing  penalties  for  the  violation  thereof,  and  fixing 
a  time  when  the  same  shall  take  effect. 

Introduced 445 

Read  first  time  and  referred 446 

Committee  report _* 454 

Read  second  time  and  re-referred  to  committee 473-4 

Committee  report 611-12 

Ordinance  called  up  and  referred  to  another  committee 618 

Committee  report 622 

Ordinance  ordered  engrossed,  read  third  time  and  passed 636-7 

Approved  by  Mayor 639-40 

PARKS. 

G.  O.  No.  8,  1898.  An  ordinance  providing  for  a  Standing  Committee  on 
Parks,  and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 135 

Read  first  time  and  referred 135 

Committee  report— majority 144 

Committee  report— minority 144-5 

Read  second  time,  ordered  engrossed,  read  third  time  and  failed  to 
pass   177 

G.  O.  No.  16,  1S98.  An  ordinance  ratifying  the  issue  and  sale  of  certain 
park  bonds  therein  described,  in  pursuance  of  the  provisions  of  an 
ordinance  passed  on  the  1st  day  of  March,  1897;  pledging  the  faith 
and  credit  of  the  City  of  Indianapolis  to  the  payment  of  the  same; 
transferring  the  funds  derived  therefrom  to  the  Department  of  Pub- 
lic Works;  and  authorizing  such  Department  to  expend  the  same  for 
park  purposes,  subject  to  conditions  and  limitations  contained  there- 
in, and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 171 

Read  first  time  and  referred 173 

Committee  report 194 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .     19S 
Approved  by  Mayor 203-4 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  43 


G.  O.  No.  50,  1898.  An  ordinance  authorizing  the  Board  of  Public  Works 
of  the  City  of  Indianapolis,  Indiana,  to  purchase  certain  real  estate 
for  park  purposes,  and  fixing  the  time  when  the  same  shall  take 
effect. 

Introduced 325 

Read  first  time  and  referred 340 

Committee  ireport—  majority 344 

Committee  report— minority 344-5 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    345 
Approved  by  Mayor, 347-8 

G.  O.  No.  51,  1898.  An  ordinance  providing  for  the  acceptance  of  the 
gift  of  certain  real  estate  made  by  Michael  II.  Spades  to  the  City  of 
Indianapolis,  agreeing  to  the  terms  and  conditions  of  such  gift,  and 
fixing  the  time  when  the  same  shall  take  effect.  (Land  along  Pogue's 
Run,  known  as  "Spades  Place.") 

Introduced   340 

Read  first  time  and  referred , 340 

Committee  report 345 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .351-2 
Approved  by  Mayor 302 

G.  O.  No.  54,  1898.  An  ordinance  authorizing  the  Board  of  Public  Works 
of  the  City  of  Indianapolis.  Indiana,  to  purchase  ten  acres  of  land 
adjacent  to  Garfield  Park,  more  particularly  described  herein,  to  be 
used  as  an  entrance  way  to  and  a  part  of  Garfield  Park,  and  to  pay 
therefor  the  sum  of  $7,000,  and  declaring  an  emergency. 

Introduced 355 

Read  first  time  and  referred. . 355 

Committee  report 302 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    303 
Approved  by  Mayor 305-0 

G.  O.  No.  70,  189S.  An  ordinance  authorizing  the  Board  of  Public  Works 
of  the  City  of  Indianapolis,  Indiana,  to  pay  out  of  the  fund  hereto- 
fore appropriated  for  the  purchase  of  real  estate  for  park  purposes, 
the  sum  of  two  thousand  and  thirty-five  dollars  and  sixty-two  cents 
($2,035.02)  to  Catherine  P.  Miller,  in  fulfillment  of  the  contract  <  n- 
terecl  into  between  her  and  the  Board  of  Public  Works  of  said  city. 

Introduced    442 

Read  first  time  and  referred 443 

Committee   report 453 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed.  „  .    459 
Approved  by  Mayor 402 

G.  O.  No.  1,  1899.  An  ordinance  authorizing  the  sale  of  certain  property 
belonging  to  the  City  of  Indianapolis.    (2%  acres  of  Garfield  Park.) 

Introduced 472 

Read  first  time  and  referred 473 

Committee  report 4S4-5 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .525-0 
Approved  by  Mayor 530 

G.  O.  No.  5,  1899.  An  ordinance  authorizing  the  sale  of  certain  real 
estate  belonging  to  the  City  of  Indianapolis,  and  fixing  the  time 
when  the  same  shall  take  effect.    (3.33  acres  of  Riverside  Park.) 


44  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


I  ntroduced 524 

Read  first  time  and  referred 524 

Committee  report 534 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed.. .    549 
Approved  by  Mayor .563-4 

G.  O.  No.  22,  1899.  An  ordinance  authorizing  the  sale  of  certain  real 
estate  belonging  to  the  City  of  Indianapolis,  and  fixing  the  time 
when  the  same  shall  take  effect.    (3.33  acres  of  Riverside  Park.) 

Introduced 628 

Read  first  time  and  referred 628 

Committee  report 633 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .637-8 
Approved  by  Mayor 639-40 

PAWNBROKERS. 

G.  O.  No.  10,  1899.  An  ordinance  to  amend  section  four  (4)  of  an  ordi- 
nance entitled  "An  ordinance  regulating  pawnbrokers  and  second- 
hand dealers,  providing  a  penalty  for  the  violation  thereof,  repealing 
conflicting  ordinances,  and  fixing  the  time  when  the  same  shall  take 
effect,"  passed  by  the  Common  Council  December  21,  1S96,  being 
known  and  designated  as  General  Ordinance  No.  47,  1896;  also  to 
amend  the  title  of  said  ordinance,  and  fixing  the  time  when  the  same 
shall  take  effect. 

Introduced    545 

Read  first  time  and  referred 545 

Committee  report t 565-6 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    570 
Approved  by  Mayor 573  4 

PEDDLING. 

G.  O.  No.  69,  1897.  An  ordinance  to  amend  section  one  (1)  of  "An  ordi- 
nance regulating  peddling  and  designating  portions  of  public  streets 
where  certain  kinds  of  peddling  is  prohibited,  and  matters  connected 
therewith,"  approved  March  li,  1895,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced 59 

Read  first  time  and  referred 60 

Petition  requesting  passage  of  ordinance 59-60 

Committee  report 82 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  > 201 

Approved  by  Mayor 203-4 

PETITIONS. 

From  citizens,  requesting  Council  to  pass  curfew  ordinance  (G.  O. 
No.  63,  1897).    Referred 26-7 

From  19  business  men,  asking  that  venders  of  bananas,  candies, 
etc.,  be  prohibited  from  rising  Washington  street,  between  Illinois 
street  and  Capitol  avenue.    Referred 59-60 

From  officers  of  Indianapolis  Propylseum  Association,  protesting 
against  the  location  of  a  morgue  on  property  adjoining  Propy- 
lreum.     Referred 87-8 

From  317  citizens,  requesting  passage  of  ordinance  regulating  loca- 
tion of  morgues.     Referred 88 


_ 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  45 


From  Ella  O'Connor,  requesting'  payment  of  $125,  being  rebate  on 
Eugene  O'Connor's  liquor  license.    Referred 120 

From  James  Reilly,  requesting  'Council  to  refund  $100. 1G  liquor 
license  fee.     Referred 140-1 

From  Katie  Friedrich,  asking  Council  to  refund  part  of  Max  Fried- 
rich's  liquor  license  fee     Referred 163 

From  William  Sandman  and  others,  asking  that  name  of  Louisa 
street  be  changed  to  Nowland  avenue.    Referred 183 

From  property  holders  on  Peru  avenue  and  Fine  street,  requesting 
that  portion  of  Peru  avenue  be  changed  to  Pine  street  and  portion 
of  Pine  street  to  Davidson  street.     Referred 196-7 

From  property  owners  in  Andrews  street,  asking  that  name  of  said 
street  be  changed  to  Dewey  avenue.    Referred 269-70 

From  residents  of  the  vicinity  of  St.  Joseph  and  'Alabama  streets, 
requesting  regulation  of  speed  on  Alabama  street  car  line.  Re- 
ferred  ...."../ 270-1 

Committee  report  on  above  petition 302-3 

From  property  owners  on  Keith  street,  requesting  that  name  of 
said  street  be  changed  to  North  State  street.    Referred 307 

From  members  of  Sanitary  Society,  requesting  passage  of  G.  O.  No. 
75,  1898.  prohibiting  spitting  upon  .sidewalks  ami  other  public 
places.     Referred 431-2 

From  owners  'of  la  tract  of  land  at  Thirtieth  and  (School  (streets, 
Brightwood,  requesting  disannexation  of  same.    Referred 568-9 

From  General  Memorial  Committee,  Grand  Army  Posts,  requesting 
donation  of  $200  for  expenses  Memorial  Day.    Referred 574-5 

From  S.  D.  LaFuze,  M.  Robinius  and  Lee  P.  Finehout,  of  Ninth 
Ward,  asking  that  Councilman  Frank  S.  Clark  be  unseated 580 

Central  Labor  Union  submitted  petition,  signed  by  14,000  persons, 
requesting  that  in  the  granting  of  a  street  railway  franchise 
three-cent  fares,  with  universal  transfers,  be  stipulated.    Referred    604 

From  500  citizens  of  West  Indianapolis,  requesting  Council  not  to 
interfere  with  proposed  improvement  of  Interstate  Stock  Yards 
Company.     Referred 635-6 

From  77  citizeus  of  West  Indianapolis,  requesting  Council  to  pass 
ordinance  referring  to  location  of  new  stock  yards.    Referred.  . .  .    647 

From  George  W.  Stout  and  others,  requesting  passage  of  G.  O.  No. 
36,  1899,  annexing 'certain  territory  on  boundary  line  of  Haugh- 
ville   676 

From  49  property  owners  on  Southeastern  avenue  and  Oriental 
street,  remonstrating  against  passage  of  'G.  O.  No.  29,  1899,  pro- 
viding for  switch  across  Oriental  street 678 

From  officers  of  Indianapolis  Free  Kindergarten  and  Children's  Aid 
Society,  requesting  donation  of  $1,000.    Referred 758 


PLUMBING  INSPECTOR. 


O.  No.  62,  1897.  An  ordinance  to  provide  for  the  appointment  of  an 
Inspector  of  Plumbing  and  House  Drainage,  prescribing  his  qualifi- 
cations, powers  and  duties,  and  to  prescribe  the  mode  and  manner  of 
house  drainage  and  plumbing  in  the  City  of  Indianapolis;  prescribing 
penalties  for  the  violation  thereof:  providing  for  the  publication 
thereof,  and  fixing  the  time  when  the  same  shall  take  effect. 


46  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


Introduced 20 

Read  first  time  and  referred 25 

Committee   report 66 

Read  second  time,  amended  ordinance  offered  as  substitute,  and  re- 
ferred     72-7 

Ordinance   amended,    ordered   engrossed   as   amended,    read   third 

time  and  passed 105-6 

Vetoed  Tby  Mayor , 1.08 

PORTICOES  AND  VESTIBULES— ERECTION  OF. 

G.  O.  No.  23,  1898.  An  ordinance  authorizing  the  erection  of  a  portico  or 
vestibule  at  and  in  front  of  the  public  entrance  to  the  Bates  House 
Hotel,  ou  Illinois  street,  in  the  City  of  Indianapolis,  upon  conditions 
therein  named. 

Introduced 197 

Read  first  time  and  referred 197 

Committee  report 210-11 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    212 
Approved  by  "Mayor 229 

G.  O.  No.  57,  1808.  An  ordinance  authorizing  the  erection  of  a  portico  or 
vestibule  at  and  in  front  of  the  public  entrance  to  the  Oneida  Hotel, 
on  Illinois  street,  in  the  City  of  Indianapolis,  upon  conditions  there- 
in named. 

Introduced '. 366 

Read  first  time  and  referred 367 

Committee  report 7 381-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    392 
Approved  by  Mayor. 405-6 

G.  O.  No.  21,  1899.  An  ordinance  authorizing  the  erection  of  a  portico  or 
vestibule  at  >and  in  front  of  tbe  public  entrance  to  the  St.  Charles 
Hotel,  on  McCrea  street,  in  the  City  of  Indianapolis,  upon  conditions 
therein  named. 

Introduced 627 

Read  first  time  and  referred 628 

Committee  report 668 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed.. .    679 
Approved  by  Mayor 690 

PUBLIC  HEALTH. 

G.  O.  No.  14.  1898.  An  ordinance  prohibiting  the  pollution  of  streams  of 
water  -within  the  corporate  limits  of  the  City  of  Indianapolis;  pre- 
scribing penalties  for  its  violation. 

Introduced 154 

Read  first  time  and  referred 154 

G.  O.  No.  75,  1898.  xVn  ordinance  to  further  promote  the  public  health 
of  the  City  of  Indianapolis  by  prohibiting  the  practice  of  spitting 
upon  sidewalks  and  in  other  public  places,  fixing  a  penalty  for  the 
violation  thereof,  and  providing  when  the  same  shall  take  effect. 

Introduced 431 

Petition  requesting  passage  of  ordinance 431-2 

Read  first  time  and  referred 432 

Committee  report 441 

Read  second  time,  ordered  engrossed,  read  third  time  and  failed  to 
pass  f 448-9 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  47 


PUBLIC  MEETINGS. 

G.  O.  No.  46,  1899.  An  ordinance  prohibiting  the  holding  of  public  meet- 
ings on  vacant  grounds  in  the  residence  part  of  the  City  of  Indianap- 
olis, except  upon  conditions  therein  prescribed,  providing  a  penalty 
for  the  violation  thereof,  and  fixing  a  time  when  the  same  shall  take 
effect. 

Introduced 714 

Head  first  time  and  referred 715 

RAILROADS, 

G.  O.  No.  35,  1899.  An  ordinance  for  the  restoration  of  highways  and 
streets  in  the  City  of  Indianapolis,  whose  surface  is  occupied  by  rail- 
road tracks,  by  the  removal  of  such  tracks,  and  for  the  removal  of 
railroad  tracks  from  the  surface  of  highways  and  streets  in  such 
city,  providing  penalties  for  its  violation,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Introduced 669 

Read  first  time  and  referred 675 

Committee  report 724-5 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  725-6 

Motion  to  reconsider  lost 726 

Approved  by  Mayor. 730 

G.  O.  No.  37,  1899.  An  ordinance  providing  for  licensing  persons  who 
buy,  sell,  or  in  any  manner  deal  in,  or  traffic  in.  railway  tickets,  the 
license  fee  required*  the  length  of  time  such  license  is  to  run,  and 
providing  a  penalty  for  violating  said  ordinance. 

Introduced 676 

Read  first  time  and  referred 677 

RESIGNATION. 

Resignation  of  Couneilman-at-Large  Thomas  J.  Montgomery 12 

RESOLUTIONS. 

Resolutions  (of  sympathy  on  the  death  of  Martin  C.  Anderson,  late 
member  Board  of  Public  Works.    Adopted 4 

That  President  fill  vacancy  on  Committee  on  Rules  caused  by  resig- 
nation of  Thomas  J.  Montgomery.    Adopted 42-3 

Resolution  No.  28,  1897.  That  Mayor  and  Common  Council  be- 
come members  of  "League  of  American  Municipalities."    Adopted      51 

Resolution  No.  29,  1897.  That  no  contracts  be  let  by  City  unless 
contract  specifies  that  skilled  labor  shall  not  receive  less  than  30 
cents  and  common  labor  not  less  than  20  cents  an  hour 62 

Council  went  into  Committee  of  the  Whole  to  consider  above  reso- 
lution        62 

Report  of  Chairman  of  Committee  of  the  Whole,  and  Resolution 
No.  29,  1897,  referred 62 

Committee  report  on  above  resolution 165-6 

Opinion  of  City  Attorney 166-7 


48  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


Resolution  No.  30,  1897.    That  Council  Chamber  be  transferred  to 

new  Police  Station  Building.    Adopted 95-6 

Approved  by  Mayor , .  , 107 

Resolution  No.  1,  1898.  Instructing  City  Attorney  to  render  opin- 
ion as  to  whether  Council  can  interfere  with  plumbers  combiniug 

for  the  purpose  of  arbitrarily  raising  prices.    Referred 120 

Committee  report 1 66 

Opinion  of  City  Attorney 166-7 

Resolution  No.  2,  1898.  That  assessments  for  construction  of  sew- 
ers be  equalized,  and  that  sewers  be  built  from  a  fund  created  by 
a  tax  on  all  property.    Referred 154 

Resolution  No.  3,  1898.    That  Willis  D.  Engle  be  given  permission 

to  erect  frame  dwelling-house  within  fire  limits.    Referred 175 

Committee   report 194-5 

Resolution  No.  4,  1898.  That  time  for  paying  vehicle  license  be  ex- 
tended from  January  1  to  April  1,  1898.    Referred 175-6 

Committee  report 182 

Resolution   No.   5,   1898.    That  annual  reuorts  of  city   officers  be 

printed      Adopted 185-6 

Approved  by  Mayor . 190-1 

Resolution  No.  6,  1898.  That  Council  urge  upon  IX.  S.  Government 
necessity  of  insisting  upon  evacuation  of  Spanish  army  from 
Cuba,  and  a  suitable  indemnity  for  the  loss  of  the  "Maine." 
Adopted   197-8 

Resolution  No.  7,  1898.  That  Board  of  Public  Works  include  in 
their  park  plans  a  commodious  public  bath  house  on  the  south 
bank  of  Pall  Creek.    Adopted 198-9 

Resolution  No.  8,  1898.  That  City  Clerk  make  proper  entry  upon 
mortgage  record,  declaring  assessment  against  Horace  E.  Kin- 
ney, for  opening  and  extension  of  Robampton  street,   null  and 

void.     Referred 233 

Committee  report 266-7 

Adopted 267 

Approved  by  Mayor 296 

Resolution  No.  9,  1898  Appointing  certain  persons  Inspectors, 
Judges  and  Clerks  of  Election  for  School  Commissioners  in  Dis- 
tricts 4.  7  and  S.    Adopted 302 

Approved  by  Mayor 3 1 1  -12 

Resolution  No.  10.  1898.  That  special  committee  be  appointed  to 
request  Board  of  Public  Works  to  place  on  each  corner  intersect- 
ing Monument  Place  electric  lights  (eight  in  'all)  'of  modern  de- 
sign.    Adopted 316 

Committee  appointed  in  compliance  with  above  resolution. 316 

Resolution  No.  11.  1898.  Authorizing  Mayor  and  Board  of  Public 
Works  to  procure  a  definite  proposition  from  Indianapolis  Water 
Company,  by  which  City  may  purchase  plant  of  said  company. 
Adopted    316-17 

Approved  by  Mayor 322 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  49 


Resolution  No.  12,  1898.  That  Committee  on  Ordinances  cause  to 
be  prepared  an  ordinance  providing  for  naming-  of  public  parks. 

Adopted    390 

Approved  by  Mayor 100 

Committee  report 483-4 

Resolution  No.  13,  1898.  That  the  Municipal  Officials'  Information 
Service  of  the  Municipal  Engineering  Company  be  supplied  to 
officials  of  this  city.    Adopted 391 

Approved  by  Mayor 400 

Resolution  No.  14,  1898.  That  Finance  Committee  call  before 
them  heads  of  various  departments  and  get  information  as  to 
estimates  for  1899.    Adopted 391-2 

Approved  by  Mayor 400 

Resolution  No.  15.  1898.  That  President  appoint  special  committee 
of  three  to  consider,  with  Mayor  and  Board  of  Public  Works, 
advisability  of  enlarging  Brightwood  Pumping  Station.    Adopted    456 

Committee  appointed 460 

Approved  by  Mayor 462 

Resolution  No.  16.  1898.  Directing  Committee  on  Investigation  and 
Impeachment  to  make  complete  investigation  of  matters  con- 
nected with  purchase  of  land  for  Riverside  Park.    Adopted 456-7 

Approved  by  Mayor 462 

Committee  report 522-3 

Resolutions  of  respect  to  the  memory  of  ex-Councilman  Michael  J. 
Burns ' 463 

Resolution  No.  1,  1899.  That  City  Attorney  prepare  amendment  to 
City  Charter  providing  tbat  cost  of  sprinkling  be  paid  out  of  gen- 
eral fund.     Adopted 466 

Approved  by  Mayor 469-70 

Resolution  No.  2,  1899.  That  railroad  tracks  should  be  elevated, 
and  that  City  Attorney  inform  Council  as  to  right  of  municipal 

authorities  to  compel  such  elevation.    Adopted 466 

Approved  by  Mayor 469-70 

Opinion  of  City  Attorney 500-502 

Resolution  No.  3.  1899.    Directing  City  Clerk  to  have  500  copies  of 

curfew  ordinance  printed.    Adopted 473 

Approved  by  Mayor 482 

Resolutions  expressing  sympathy  of  Council  and  citizens  with 
Mayor  Taggart  and  family  on  account  of  loss  of  daughter,  Flor- 
ence Taggart.     Adopted 478-9 

Resolution  No.  4,  1899.    Naming  parks  and  park  places  owned  by 

City.     Adopted 484 

Approved  by  Mayor 513 

Resolution  No.  5,   1899.    That  park  place   named    "Esplanade"   in 

Resolution  No.  4,  1899,  be  changed  to  "Spades  Place."    Adopted.  .    510 
Approved  by  Mayor 514 

Resolution  No.  6,  1899.    Directing  Mayor  and  City  Clerk  to  execute 

warranty  deed  to  City  Dispensary  property.    Adopted 525 

Approved  by  Mayor 529 


50  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


Resolution  No.  7,  1899.  Extending-  thanks  to  Senators  Turpie  and 
Fairbanks  and  Representative  Overstreet  for  securing  passage  of 
bill  providing  for  erection  of  new  Federal  Building.    Adopted.  .  ..545-6 

Approved  by  Mayor 563-4 

Resolution  No.  8,  1899.  That  citizens  exterminate  all  cocoons  of  the 
crecopia  moth,  because  caterpillars  of  this  moth  are  very  de- 
structive to  trees.    Referred 569-70 

Resolutions  expressing  sympathy  of  Council  for  Albert  Zearing,  on 
account  of  loss  of  mother.    Adopted 652 

Resolution  No.  9,  1899.  That  our  Senators  and  Congressmen  use 
their  influence  in  bringing  about  dredging  of  White  River. 
Adopted 716 

Approved  by  Mayor , 720 

Resolution  No.  10,   1899.    Appointing  Election  Inspectors  for  city 

election  to  be  held  October  10,  1899.    Adopted  as  amended 71C-21 

Approved  by  Mayor. 730 

Resolution  No.  11,  1899.    That  Committee  on  Elections  thoroughly 

test  all  voting  machines.    Adopted 758-9 

Approved  by  Mayor 761-2 

Resolution  No.  12.  1899.    That  Charles  H.  Stuckmeyer,  City  Clerk, 

be  paid  $250  for  making  Council  Proceedings  index.    Adopted.  . .  .    763 
Approved  by  Mayor 763 

Resolution  No.  13,  1899.    Appointing  Inspectors  for  city  election  in 

precincts  where  vacancies  have  occurred.    Adopted 763-5 

Approved  by  Mayor 768 

Resolution  No.  14.  1899.    Appointing  Inspectors  for  city  election  in 

precincts  where  vacancies  have  occurred.    Adopted  as  amended. 768-70 
Approved  by  Mayor „ October  7,  1899 

Resolution  No.  15,  1899.    Appointing  Inspector  for  city  election  in 

Fifth  Precinct  of  Fifteenth  Ward.    Adopted. 772-3 

Approved  by  Mayor October  9,  1899 


SALARIES. 

G.  O.  No.  4,  1898.  An  ordinance  providing  that  city  employes  shall  re- 
ceive their  pay  from  the  city  at  least  once  every  two  weeks  and  may 
be  advanced  fifty  per  cent,  of  any  money  due  them  from  the  city 
upon  proper  application  showiug  dire  necessity  for  the  same. 

Introduced 123 

Read  first  time  and  referred 123 

Committee  report 144 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  1 76-7 

Vetoed  by  Mayor 1.89 

Opinion  of  City  Attorney 190 


_ 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  51 


G.  O.  No.  15,  1898.  An  ordinance  amending'  Subdivision  2  of  Section  G 
of  an  ordinance  entitled  "An  ordinance  authorizing  the  employment 
of  certain  clerks,  assistants  and  employes,  and  providing  for  their 
compensation;  providing  for  the  compensation  of  certain  officers, 
heads  of  departments,  clerks  and  employes;  fixing  the  compensation, 
salaries  and  wages  of  certain  officers,  clerks  and  employes  of  the 
City  of  Indianapolis,  Indiana;  repealing  conflicting  ordinances,  and 
fixing  the  time  when  this  ordinance  shall  take  effect,"  approved 
January  18.  1894,  and  fixing  the  time  when  this  ordinance  shall  take 
effect.    (Increasing  salary  of  Assistant  Market  Master.) 

Introduced   170 

Read  first  time  and  referred 171 

Committee  report. . 181-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    18G 
Approved  by  Mayor , 190-1 

G.  O.  No.  36,  1898.  An  ordinance  appropriating  money  for  the  payment 
of  the  salaries  of  officers  and  employes  of  the  City  of  Indianapolis, 
Indiana,  who  may  enter  the  military  service  of  |the  United  States, 
and  declaring  an  emergency. 

Introduced 227 

Read  first  time  and  referred. 227 

Committee  report 230 

Read  second  time  and  stricken  from  files 233 

G.  O.  No.  38,  1898.  An  ordinance  providing  for  the  appointment  of  a 
custodian  and  assistants  for  the  City  Hall,  fixing,  the  salaries  there- 
of, and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 250 

Read  first  time  and  referred 251 

Committee  report 437 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  i 446-7 

Approved  by  Mayor. ...    452 

G.  O.  No.  43,  1898.  An  ordinance  to  amend  Subdivision  2  of  Section  7  of 
an  ordinance  entitled  "An  ordinance  authorizing  the  employment  of 
certain  clerks,  assistants  and  employes,  and  providing  for  their  com- 
pensation; providing  for  the  compensation  of  certain  officers,  heads 
of  departments,  clerks  and  employes;  fixing  the  compensation,  sal- 
aries and  wages  of  certain  officers,  clerks  and  employes  of  the  City 
of  Indianapolis.  Indiana;  repealing  conflicting  ordinances,  and  fixing 
the  time  when  this  ordinance  shall  take  effect,"  approved  January 
18,  1894,  and  fixing  the  time  when  the  same  shall  take  effect.  (In- 
creasing salary  of  janitor  of  City  Dispensary.) 

Introduced   289 

Read  first  time  and  referred 290 

Committee  report 137-8 

Read  second  time,  amended,  and  referred  back  to  committee 447 

Opinion  of  City  Attorney 452-3 

Amendment   amended,    ordered    engrossed,   read    third    time    and 

passed  457-8 

Approved  by  Mayor 462 

G.  O.  No.  46,  1898.  An  ordinance  advancing  the  pay  of  members  of  the 
Indianapolis  Fire  and  Police  Force. 

Introduced   307 

Read  first  time  and  referred 307 


52  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


G.  O.  No.  59.  1898.  An  ordinance  to  amend  section  six  of  an  ordinance 
entitled  "An  ordinance  authorizing  the  employment  of  certain  clerks, 
assistants  and  employes,  and  providing  for  their  compensation;  pro- 
viding for  the  compensation  of  certain  officers,  heads  of  departments, 
clerks  and  employes;  fixing  the  compensation,  salaries  and  wages  of 
certain  officers,  clerks  and  employes  of  the  City  of  Indianapolis,  In- 
diana; repealing  conflicting  ordinances,  and  fixing  the  time  when 
this  ordinance  shall  take  effect,"  approved  January  18,  1894,  and 
fixing  the  time  when  such  amendment  shall  take  effect.  (Increasing 
salaries  of  Police  and  Fire  Force.) 

Introduced 367 

Read  first  time  and  referred 369 

Called  from  committee 397 

Read  second  time 103 

Motion  to  engross  lost 403 

Ordinance  stricken  from  files 404 

G.  O.  No.  64,  1898.  An  ordinance  providing  that  policemen  and  firemen 
shall  receive  their  regular  salary  during  sickness  or  injury  for  a 
period  not  exceeding  sixty  days,  and  patrolmen  to  receive  twenty 
cents  per  hour  for  extra  work,  and  firemen  to  be  allowed  one  day  off 
each  week  with  pay,  and  providing  that  bicycles  snail  be  furnished 
bicycle  patrolmen. 

Introduced 390 

Read  first  time  and  referred 390 

Committee  report 471 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    474 

Vetoed  by  Mayor 514 

Motion  to  pass  ordinance  over  Mayor's  veto  declared  out  of  order.  .546-7 
Motion  that  rules  be  suspended  for  the  purpose  of  taking  up  and 

passing  ordinance  over  Mayor's  veto  lost 547-8 

Ordinance  amended  according  to  suggestions  of  Mayor  and  passed. 555-6 
Approved  by  Mayor 573-4 

G.  O.  No.  6,  1899.  An  ordinance  fixing  the  salaries  of  the  engineers  em- 
ployed at  the  Brigbtwood  Waterworks  in  the  City  of  Indianapolis, 
and  declaring  an  emergency. 

Introduced 525 

Read  first  time  and  referred 525 

Committee  report 533 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    548 
Approved  by  Mayor 563-4 

G.  O.  No.  8,  1S99.  An  ordinance  amending  Section  5  of  an  ordinance 
entitled  "An  ordinance  authorizing  the  employment  of  certain  clerks, 
assistants  and  employes,  and  providing  for  the  compensation  of  cer- 
tain officers,  heads  of  departments,  clerks  and  employes;  fixing  the 
compensation,  salaries  and  wages  of  certain  officers,  clerks  and  em- 
ployes of  the  City  of  Indianapolis,  Indiana;  repealing  conflicting 
ordinances,  and  fixing  a  time  when  this  ordinance  shall  take  effect," 
approved  January  18,  1894,  and  fixing  a  time  when  the  same  shall 
take  effect.    (Increasing  salary  of  Clerk  of  Board  of  Public  Works.) 

Introduced 542 

Read  first  time  and  referred 544 

G.  O.  No.  9,  1899.  An  ordinance  fixing  the  salary  of  the  Assistant  City 
Attorney  and  of  the  second  Assistant  City  Attorney,  repealing  con- 
flicting ordinances,  and  fixing  the  time  when  the  same  shall  take 
effect. 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  53 


Introduced 544 

Road  first  time  and  referred .144 

Committee  report 641 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed    048 

Approved  by  Mayor 650 

SAND,  GRAVEL  AND  DIRT. 

G.  O.  No.  7,  1898.  An  ordinance  regulating  hauling  and  transportation 
of  sand,  gravel  and  dirt;  defining  what  shall  constitute  a  load  for 
two  horses;  providing  a  penalty  for  the  violation  thereof,  and  fixing 
a  time  when  the  same  shall  take  effect. 

Introduced   134 

Read  first  time  and  referred 134 

Motion  to  call  from  committee  lost 178 

Called  from  committee 199 

Read  second  time,  ordered  engrossed,  read  third  time  and  failed 

to  pass 200 

SECOND-HAND    AND  JUNK  DEALERS. 

G.  O.  No.  55,  1898.  An  ordinance  to  license  and  regulate  dealers  in 
second-hand  goods,  furniture  and  clothing,  and  dealers  in  junk. 

Introduced 355 

Read  first  time  and  referred 350 

Committee  report 300 

Read  second  time,  ordered  engrossed,  read  third  time  and  failed  to . 
pass  303 

G.  O.  No.  10,  1S99.  An  ordinance  to  amend  section  four  (4)  of  an  ordi- 
nance entitled  "An  ordinance  regulating  pawnbrokers  and  second- 
hand dealers,  providing  a  penalty  for  the  violation  thereof,  repealing 
conflicting  ordinances,  and  fixing  the  time  when  the  same  shall  take 
effect."  passed  by  the  Common  Council  December  21.  1896,  being 
known  and.  designated  as  General  Ordinance  No.  47,  1890;  also  to 
amend  the  title  of  said  ordinance,  and  fixing  the  time  when  the  same 
shall  take  effect. 

Introduced 545 

Read  first  time  and  referred 545 

Committee  report 505-6 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    570 
Approved  by  Mayor 573-4 

SELLERS  FARM. 

G.  O.  No.  71,  1897.  An  ordinance  ratifying,  confirming  and  approving 
the  certain  contract  and  agreement  made  and  entered  into  on  the 
6th  day  of  December.  1897,  between  the  City  of  Indianapolis,  by  and 
through  its  Board  of  Public  Works,  and  the  Indianapolis  Desiccating 
Company,  whereby  said  company  is  authorized  to  construct,  main- 
tain, lay  and  operate  upon  the  property  of  the  City  of  Indianapolis, 
comprising  a  public  place  known  as  Sellers  Farm,  a  railroad  track, 
providing  for  the  publication  of  the  same,  and  fixing  a  time  when 
the  same  shall  take  effect. 

Introduced 67 

Read  first  time  and  referred 69 

Committee  report 80-1 


54  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


G.  O.  No.  1,  1898.  An  ordinance  ratifying,  confirming  and  approving  a 
certain  contract  and  agreement,  made  and  entered  into  on  the  3d 
day  of  January;  1898,  between  the  City  of  Indianapolis,  by  and 
through  its  Board  of  Public  Works,  and  the  Indianapolis  Desiccating 
Company,  whereby  said  company  is  authorized  (to  construct,  main- 
tain, lay  and  operate  Upon  the  property  of  the  City  of  Indianapolis, 
comprising  a  public  place  known  as  Sellers  Farm,  a  railroad  track, 
and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 101 

Read  first  time  and  referred 104 

Committee   report 142-3 

Modification  of  contract 142-3 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed   155-6 

Approved  by  Mayor 158 

SHOWS. 

G.  O.  No.  42.  1899.  An  ordinance  amending  sections  ten  (10)  and  eleven 
(11)  of  an  ordinance  entitled  "An  ordinance'  requiring  auctioneers, 
peddlers,  hucksters  and  certain  classes  of  public  showmen  to  pay  a 
license  to  the  City  of  Indianapolis,  regulating  certain  matters  con- 
nected with  the  business  of  such  persons,  and  repealing  certain  ordi- 
nances herein  specified."  approved  June  14.  1886,  and  fixing  a  time 
when  the  same  shall  take  effect.  (Consent  of  all  resident  voters 
within  one  square  of  proposed  location  necessary  to  secure  license.) 

Introd  need 7~. 69(5 

Read  first  time  and  referred 697 

Committee  report 704 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .707-8 
Approved  by  Mayor 712 

SIDEWALKS. 

G.  O.  No.  75.  1898.  An  ordinance  to  further  promote  the  public  health 
of  the  City  of  Indianapolis  by  prohibiting  the  practice  of  spitting 
upon  sidewalks  and  in  other  public  places,  fixing  a  penalty  for  the 
violation  thereof,  and  providing  when  the  same  shall  take  effect. 

Introduced 431 

Petition  requesting  passage  of  ordiuance. 431-2 

Read  first  time  and  referred 432 

Committee  report .441 

Read  second  time,  ordered  engrossed,  read  third  time  and  failed  to 
pass    '. 448-9 

G.  O.  No.  79,  1898.  An  ordinance  requiring  the  owners  and  occupants  of 
premises  situate  within  the  City  of  Indianapolis  to  keep  the  side- 
walks in  front  of  or  adjacent  to  'the  same  free  from  snow  and  ice, 
prescribing  hours  for  cleaning  such  sidewalks,  providing  penalties 
for  the  violation  hereof,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Introduced 455 

Read  first  time  and  referred *56 

Committee  report 471-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .474-5 
Approved  by  Mayor 482 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  55 


SLOT  MACHINES. 

G.  O.  No.  72.  1897.  An  ordinance  /to  prohibit  the  exhibition  or  use  of 
slot  machines,  or  other  similar  machines  or  devices,  and  the  playing 
of  games  of  chance  thereon,  or  therewith,  and  to  punish  the  violation 
thereof. 

Introduced 70 

Read  first  time  and  referred 71 

SMOKE. 

G.  O.  No.  78.  1898.  An  ordinance  declaring  the  emission  into  the  open 
air  of  dense  smoke,  containing  soot  or  other  deleterious  substances, 
from  the  smoke  stacks,  chimneys  or  flues  of  any  building  or  struc- 
ture within  the  City  of  Indianapolis,  to  be  a  nuisance,  and  prohibit- 
ing the  same,  providing  penalties  for  the  violation  thereof,  and  fix- 
ing a  time  when  the  same  shall  take  effect. 

Introduced 445 

Read  first  time  and  referred. 44(5 

Committee  report 454 

Read  second  time  and  re-referred  to  committee 473-4 

Committee  report 611-111 

Ordinance  called  up  and  referred  to  another  committee 618 

Committee  report 622 

Ordinance  ordered  engrossed,  read  third  time  and  passed 636-7 

Approved  by  Mayor 639-40 

SNOW  AND  TCE— KEEP  SIDEWALKS  FREE  FROM. 

G.  O.  No.  79,  1898.  An  ordinance  requiring  the  owners  and  occupants 
of  premises  situate  within  the  City  of  Indianapolis  to  keep  the  side- 
walks in  front  of  or  adjacent  to  the  same  free  from  snow  and  ice, 
prescribing  hours  for  cleaning  such  sidewalks,  providing  penalties 
for  the  violation  hereof,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Introduced  455 

Read  first  time  and  referred 456 

Committee  report 471-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .471-5 
Approved  by  Mayor. 482 

SOLICITING. 

G.  O.  No.  9,  1898.  An  ordinance  prohibiting  the  soliciting  of  custom  or 
trade  upon  the  streets,  sidewalks  and  other  public  places  in  the  City 
of  Indianapolis,  and  fixing  penalties  for  the  violation  thereof. 

Introduced 147 

Read  first  time  and  referred 147 

Committee   report 182 

Read  second  time,  amended  ordinance  offered  as  substitute  and  re- 
ferred    187-8 

Substitute  adopted,  ordered  engrossed,  read  third  time  and  passed. 201-2 
Approved  by  Mayor 203-4 

G.  O.  No.  15,  1899.  An  ordinance  to  prohibit  the  owners,  agents,  serv- 
ants or  employes  of  express  wagons  or  other  vehicles  used  for  carry- 
ing freight  or  passengers  within  said  city,  from  soliciting  business  at 
other  places  than  therein  provided,  and  providing  a  penalty  for  the 
violation  thereof. 


56  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


Introduced 569 

Read  first  time  and  referred 569 

Committee  report 578-9 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 581 

Approved  by  Mayor 615-16 

G.  O.  No.  19,  1899.  An  ordinance  to  amend  section  one  of  an  ordinance 
entitled  "An  ordinance  to  prohibit  the  owners,  servants  or  employes 
of  express  wagons  or  other  vehicles  used  for  carrying  freight  or 
passengers  within  said  city,  from  soliciting  business  at  other  places 
than  therein  provided,  and  providing  a  penalty  for  the  violation 
thereof,"  passed  by  the  Common  Council  April  3,  1899,  being  known 
and  designated  as  General  Ordinance  No.  15,  1899,  also  to  amend  the 
title  of  said  ordinance,  and  fixing  the  time  when  the  same  shall  take 
effect. 

Introduced 626 

Read  first  time  and  referred 626 

Committee  report 651 

Opinion  of  City  Attorney : 651-2 

Read  second  time,  motion  to  strike  from  files  lost,  amendment  of- 
fered, and  ordinance  and  amendment  re-referred 663-4 

Called  from  committee 706 

G.  O.  No.  33,  1899.  An  ordinance  to  prohibit  the  owners,  agents,  serv- 
ants or  employes  of  express  wagons  or  other  vehicles  used  for  carry- 
ing freight  or  passengers  within  said  city  from  soliciting  business  at 
other  places  than  therein  provided,  repealing  all  ordinances  in  con- 
flict, and  providing  a  penalty  for  the  violation  thereof. 

Introduced    662 

Read  first  time  and  referred 662 

G.  O.  No.  45,  1899.  An  ordinance  to  prohibit  the  owners,  agents,  serv- 
ants or  employes  of  any  transfer  line,  express  wagon,  omnibus,  hack, 
hansom  or  carriage  or  other  vehicle  used  for  carrying  passengers  to 
and  from  any  of  the  passenger  depots  situated  in  said  city  froih 
soliciting  business  within  the  confines  or  enclosures  or  train  sheds 
in  any  of  said  passenger  depots  within  said  city,  from  soliciting  busi- 
ness from  other  places  than  herein  provided,  and  providing  a  pen- 
alty for  the  violation  tliereof. 

Introduced 708 

Read  first  time  and  referred 708 


SPITTING. 

G.  O.  No.  75,  1898.  An  ordinance  to  further  promote  the  public  health 
of  the  City  of  Indianapolis  by  prohibiting  the  practice  of  spitting 
upon  sidewalks  and  in  other  public  places,  fixing  a  penalty  for  tbe 
violation  thereof,  and  providing  when  the  same  shall  take  effect. 

Introduced 431 

Petition  requesting  passage  of  ordinance 431-2 

Read  first  time  and  referred 432 

Committee  report 441 

Read  second  time,  ordered  engrossed,  read  third  time  and  failed  to 
pass 44S-9 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council. 


SPRINKLING. 

G.  O.  No.  24,  1899.  An  ordinance  providing  for  the  payment  of  the  cost 
of  'sprinkling  out  of  the  general  fund  of  the  Treasury  of  the  City, 
and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced C34 

Read  first  time  and  referred (j.34 

Called  from  committee 753 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    753 
Approved  by  Mayor 756 

STOCK  YARDS. 

G.  O.  No.  25,  1899.  An  ordinance  prohibiting  the  location,  erection,  con- 
struction or  building  hereafter  of  stock  yards  within  the  corporate 
limits  of  the  Crty  of  Indianapolis,  and  also  prohibiting  the  engaging 
in  or  carrying  on  of  the  general  business  of  handling,  feeding,  sell- 
ing or  otherwise  disposing  of  hogs,  cattle,  sheep,  horses  or  other  live 
stock  of  any  kind  whatsoever  at  any  such  stock  yards;  providing  a 
penaltjr  for  the  violation  thereof,  and  for  the  publication  of  the  same, 
and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 035 

Read  first  time  and  referred 635 

Petition  that  ordinance  be  not  passed 635-6 

Petition  requesting  passage  of  ordinance 647 

STREETS. 

Alley,  first  east  of  Meridian,  between  St.  Joseph  and  Eleventh  Streets. 

G.  O.  No.  34,  1898.  An  ordinance  authorizing  the  improvement  of  the 
first  alley  east  of  Meridian  street,  in  the  City  of  Indianapolis,  In- 
diana, from  the  north  property  line  of  St.  Joseph  street  to  the  south 
property  line  of  Eleventh  street,  by  grading  and  paving  the  roadway 
with  brick,  from  curb  to  curb,  to  a  uniform  width  of  twenty  (20)  feet, 
laid  on  a  four  (4)  inch  hydraulic  cement  gravel  concrete  foundation, 
including  the  wings  of  the  intersecting  street,  and  curbing  with 
stone  the  outer  edges  of  the  sidewalks,  between  the  above-named 
points,  and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 224 

Read  first  time  and  referred. 225 

Committee  report 231-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    256 
Approved  by  Mayor 260-1 

Andrews  Street. 

G.  O.  No.  40,  1898.  An  ordinance  providing  for  the  change  of  the  name 
of  Andrews  street  to  Dewey  avenue,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced 269 

Petition  asking  for  passage  of  ordinance 269 

Read  first  time  and  referred 270 

Committee  report 303-4 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    309 
Approved  by  Mayor 311-12 


58  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99 


Davidson  Street. 

G.  O.  No.  22,  1898.  An  ordinance  changing  the  name  of  a  portion  of 
Pern  avenue,  and  fixing  the  time  when  the  same  shall  take  effect 

Introduced  i 196 

Read  first  time  and  referred . . 197 

Committee  report , 204- 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed.. .    206 
Approved  by  Mayor . 209 

G.  O.  No.  28,  1899.  An  ordinance  providing  for  the  change  of  the  name 
of  the  street  running  from  North  street  at  the  intersection  of  Fulton 
street  in  a  northea sternly  direction  to  .Massachusetts  >a  venue,  parts 
of  which  are  designated  as  Peru  avenue,  Davidson  street,  Peru  ave- 
nue and  Pine  street,  to  Cornell  avenue;  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced • 647 

Read  first  time  and  referred 647 

Called  from  committee 707 

Dewey  Avenue. 

G.  O.  No.  40.  1898.  An  ordinance  providing  for  the  change  of  the  name 
of  Andrews  street  to  Dewey  avenue,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced 269 

Petition  asking  for  passage  of  ordinance 269 

Read  first  time  'and  referred r 270 

Committee  report 303-4 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    309 
Approved  by  Mayor 311-12 

Eleventh  Street. 

G.  O.  No.  33,  1898.  An  ordinance  authorizing  the  improvement  of  Elev- 
enth street,  in  the  City  of  Indianapolis,  in  Marion  County,  State  of 
Indiana,  from  the  east  property  line  of  Delaware  street  to  the  west 
property  line  of  Alabama  street,  by  grading  and  paving  the  roadway 
with  asphalt,  from  curb  to  curb,  to  a  uniform  width  of  twenty-four 
(24)  feet,  laid  on  a  four  (4)  inch  hydraulic  cement  gravel  concrete 
foundation,  including  the  wings  V>f  the  intersecting  alleys,  together 
with  the  necessary  marginal  stone  finish  to  the  same,  and  curbing 
with  stone  the  outer  edges  of  the  sidewalks,  between  the  above- 
named  points,  and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 223 

Read  first  time  and  referred 224 

Ordinance  withdrawn  from  Council 230 

Fourteenth  Street. 

G.  O.  No.  30,  189S.  An  ordinance  authorizing  the  improvement  of  the 
roadway  of  Fourteenth  street,  in- the  City 'of  Indianapolis,  in  Marion 
County,  State  of  Indiana,  from  the  east  property  line  of  Pennsyl- 
vania street  to  the  west  property  line  of  Delaware  street,  by  grading 
and  paving  the  roadway  with  asphalt,  from  curb  to  curb,  to  a  uni- 
form width  of  twenty-four  (24)  feet,  laid  on  a  four  (4)  inch  hydraulic 
cement  gravel  concrete  foundation,  including  the  wings  of  the  inter- 
secting street  or  alloy,  and  curbing  with  stone  the  outer  edges  of  the 
sidewalks  between  the  above-named  points,  and  fixing  a  time  when 
the  same  shall  take  effect. 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  59 


Introduced 219 

Read  first  time  and  referred 220 

Committee  report 231-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    255 
Approved  Tby  Mayor 2G0-1 

G.  O.  No.  81,  1398.  An  ordinance  authorizing-  the  improvement  of  the 
roadway  of  Fourteenth  street,  in  the  City  of  Indianapolis,  in  Marion 
County,  in  the  State  of  Indiana,  from  the  west  property  line  of  Illi- 
nois street  to  the  east  property  line  of  Senate  avenue,  except  the 
crossing  of  Capitol  avenue,  by  grading  and  paving  the  roadway  with 
asphalt  from  curb  to  Curb,  to  a  uniform  width  of  twenty-seven  (27) 
feet,  laid  on  a  four  (4)  inch  hydraulic  cement  gravel  concrete  foun- 
dation, including  the  wings  of  the  intersecting  alleys,  together  with 
the  necessary  marginal  stone  finish  to  the  same,  and  curbing  with 
stone  the  outer  edges  of  the  sidewalks,  between  the  above-named 
points,  and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced  220 

Read  first  time  and  referred 221 

Committee  report 231-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    255 
Approved  by  Mayor 260-1 

G.  O.  No.  32,  1898.  An  ordinance  authorizing  the  improvement  of  the 
roadway  of  Fourteenth  street,  in  the  City  of  Indianapolis,  Indiana, 
from  the  east  property  line  of  Meridian  street  to  the  >west  property 
line  of  Pennsylvania  street,  by  grading  and  paving  the  roadway  with 
asphalt,  from  curb  to  curb,  to  a  uniform  width  of  twenty-four  (24) 
feet,  laid  on  a  four  (4)  inch  hydraulic  cement  gravel  concrete  foun- 
dation, including  the  wings  of  the  intersecting  alleys,  together  with 
the  necessary  marginal  stone  finish  to  the  same,  and  curbing  with 
stone  the  outer  edges  of  the  sidewalks  between  the  above-named 
points,  and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 221 

Read  first  time  and  referred \ 223 

Committee  report 231-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .255-0 
Approved  by  'Mayor 2G0-1 

Huron  Street. 

G.  O.  No.  63,  1898.  An  ordinance  changing  the  name  of  Huron  street  to 
Lexington  avenue,  and  fixing  the  time  fwhen  the  same  shall  take 
effect. 

Introduced 390 

Read  first  time  and  referred 390 

Karcher  Street. 

G.  O.  No.  56,  1898.  An  ordinance  establishing  the  name  of  the  first 
street  south  of  Palmer  street,  -extending  from  Meridian  street  to 
Union  street. 

Introduced  356 

Read  first  time  and  referred 356 

Committee  report 396 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    396 
Approved  by  Mayor 400-401 


60  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


Keith  Street. 

G.  O.  No.  45,  1898.  An  ordinance  providing  for  the  change  of  the  name 
of  Keith  street  to  North  State  street,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced    306 

Petition  requesting  passage  of  ordinance 307 

Read  first  time  and  referred. 307 

Committee  report. .  , 324 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    341 
Approved  by  Mayor. 347-8 

Laporte  Avenue. 

G.  O.  No.  69,  1898.  An  ordinance  changing  the  name  of  Rural  street  to 
Laporte  avenue. 

Introduced .423 

Read  first  time  and  referred . 423 

Committee  report 442 

Read  second  time  and  stricken  from  files 446 

Lexington  Avenue. 

G.  O.  No.  63.  1898.  An  ordinance  changing  the  name  of  Huron  street  to 
Lexington  avenue,  and  fixing  the  time  when  the  same  shall  take 
effect. 

Introduced 390 

Read  first  time  and  referred. 390 

Louisa  Street. 

G.  O.  No.  19,  1898.  An  ordinance  providing  for  the  change  of  the  name 
of  Louisa  street,  to  Nowland  avenue,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced 183 

Read  first  time  and  referred 183 

Petition  requesting  passage  of  ordinance 183 

Committee  report 195-6 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    200 
Approved  by  Mayor 203-4 

Marlowe  Avenue. 

G.  O.  No.  64,  1897.  An  ordinance  changing  the  name  of  Webster  street 
to  East  New  York  street,  and  also  changing  the  name  of  a  part  of 
East  New  York  street  to  Marlowe  avenue,  repealing  all  ordinances 
and  parts  of  ordinances  in  conflict  therewith,  and  declaring  an  emer- 
gency. 

Introduced 27 

Read  first  time  and  referred 27 

Committee  report 82 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .      90 
Approved  by  Mayor 99 

Morris  Street. 

G.  O.  No.  20,  1898.  An  ordinance  establishing  the  grade  of  Morris  street, 
and  requiring  the  Jeffersonville,  Madison  &  Indianapolis  Railroad 
Company,  and  the  Pittsburg,  Cincinnati,  Chicago  &  St.  Louis  Rail- 
way Company,  each  to  make  its  tracks  to  conform  to  such  grade; 
providing  a  penalty  for  the  violation  thereof,  and  fixing  a  time  when 
the  same  shall  take  effect. 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  61 


Introduced 1S4 

Read  first  time  and  referred 181 

Committee  report 205 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 207 

Approved  by  Mayor 209 

New  Jersey  Street. 

G.  O.  No.  35,  1898.  An  ordinance  authorizing;  the  improvement  of  New 
Jersey  street,  in  the  City  of  Indianapolis,  Indiana,  from  the  south 
property  line  of  Washington  street  to  the  northeast  property  line  of 
Virginia  avenue,  except  the  crossing  of  all  railroad  tracks,  as  shown 
on  the  plan,  by  grading  and  paving  the  roadway  with  asphalt,  from 
curb  to  curl),  to  a  uniform  width  of  forty  (40)  feet,  laid  on  a  six  (6) 
inch  hydraulic  cement  stone  concrete  foundation,  including  the  wings 
of  the  intersecting  streets  and  alleys,  as  shown  on  the  plans,  to- 
gether with  the  necessary  marginal  stone  finish  to  the  same,  and 
curbing  with  stone  the  outer  edges  of  the  sidewalks,  between  the 
above-named  points,  and  fixing  a  time  when  the  same  shall  take 
effect. 

Introduced    225 

Read  first  time  and  referred 227 

Committee  report 231-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    256 
Approved  by  Mayor 260-1 

New  York  Street. 

G.  O.  No.  64,  1S97.  An  ordinance  changing  the  name  of  Webster  street 
to  East  New  York  street,  and  also  changing  the  name  of  a  part  of 
East  New  York  street  to  Marlowe  avenue,  repealing  all  ordinances 
and  parts  of  ordinances  in  conflict  therewith,  and  declaring  an  emer- 
gency. 

Introduced 27 

Read  first  time  and  referred . .  . . , 27 

Committee  report 82 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .      90 
Approved  by  Mayor 93 

Nowland  Avenue. 

G.  O.  No.  19.  1898.  An  ordinance  providing  for  the  change  of  the  name 
of  Louisa  street  to  Nowland  avenue,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced 183 

Read  first  time  and  referred 183 

Petition  requesting  passage  of  ordinance 1S3 

Committee  report 195-6 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    200 
Approved  by  Mayor 203-4 

Peru  Avenue. 

G.  O.  No.  22,  1898.  An  ordinance  changing  the  name  |of  a  portion  of 
Peru  avenue,  and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 196 

Read  first  time  and  referred 197 

Committee  report .' 204 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    206 
Approved  by  Mayor T 209 


62  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


G.  O.  No.  28,  3899.  An  ordinance  providing  for  the  change  of  the  name 
of  the  street  running  from  North  street  at  the  intersection  of  Fulton 
street  in  a  northeasternly  direction  to  Massachusetts  avenue,  parts 
of  which  are  designated  as  Peru  avenue,  Davidson  street,  Peru  ave- 
nue and  Pine  street,  to  Cornell  avenue;  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced 647 

Read  first  time  and  referred , 647 

Called  from  committee 707 

Pine  Street. 

G.  O.  No.  22,  1898.  An  ordinance  changing  the  name  of  a  portion  of 
Peru  avenue,  and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 196 

Read  first  time  and  referred 197 

Committee  report 204 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    206 
Approved  by  Mayor 209 

G.  O.  No.  28,  1S99.  An  ordinance  providing  for  the  change  of  the  name 
of  the  street  running  from  North  street  at  the  intersection  of  Fulton 
street  in  a  northeasternly  direction  to  Massachusetts  avenue,  parts 
of  which  are  designated  as  Peru  avenue,  Davidson  street,  Peru  ave- 
nue and  Pine  street,  to  Cornell  avenue;  and  fixing  the  time  when  the 
same  shall  take  effect. 

Introduced 647 

Read  first  time  and  referred 647 

Called  from  committee 707 

Rural  Street. 

G.  O.  No.  69,  1898.  An  ordinance  changing  the  name  of  Rural  street  to 
Laporte  avenue. 

Introduced 423 

Read  first  time  and  referred 423 

Committee  report 442 

Read  second  time  and  stricken  from  files 446 

Southeastern  Avenue. 

G.  O.  No.  26,  1898.  An  ordinance  establishing  the  grade  of  Southeastern 
avenue,  and  requiring  the  Pittsburg,  Cincinnati,  Chicago  &  St.  Louis 
Railway  Company  and  the  Cincinnati,  Hamilton  &  Indianapolis 
Railway  Company  each  to  make  its  tracks  to  conform  to  such  grade, 
providing  a  penalty  for  the  violation  thereof,  and  fixing  the  time 
when  the  same  shall  take  effect. 

Introduced 211 

Read  first  time  and  referred 212 

Committee   report 303 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    309 
Approved  by  Mayor 311 12 

State  Street. 

G.  O.  No.  45.  1898.  An  ordinance  providing  for  the  change  of  the  name 
of  Keith  street  to  North  State  street,  and  fixing  the  time  when  the 
same  shall  take  effect. 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  63 


Introduced 300 

Petition  requesting:  passage  of  ordinance 307 

Read  iirst  time  and  referred. .  • 307 

Committee  report 324 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed.. .    3*1 
Approved  by  Mayor 347-8 

St.  Joseph  Street. 

G.  O.  No.  28,  1898.  An  ordinance  authorizing  the  improvement  of  St. 
Joseph  street,  in  the  City  of  Indianapolis,  in  Marion  County,  State  of 
Indiana,  from  the  east  property  line  of  Illinois  street  to  the  west 
property  line  of  Pennsylvania  street,  by  grading-  and  paving  the  road- 
way with  asphalt,  from  curb  to  curb,  to  a  uniform  width  of  twenty  - 
four  (24)  feet,  laid  on  a  four  (4j  inch  hydraulic  cement  gravel  con- 
crete foundation,  including  the  wings  of  the  intersecting  streets  or 
alleys  and  the  necessary  marginal  stone  finish  to  the  same,  and 
curbing  with  stone  the  outer  edges  'of  the  sidewalks,  and  fixing  a 
time  when  the  same  shall  take  effect. 

Introduced   210 

Read  first  time  and  referred 217 

Committee  report . 231-2 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    254 
Approved  by  Mayor 260-1 

G.  O.  No.  29,  1898.  An  ordinance  authorizing  the  improvement  of  St. 
Joseph  street,  in  the  City  of  Indianapolis,  in  Marion  County,  State  of 
Indiana,  from  the  east  property  line  of  Delaware  street  to  the  north- 
west property  line  of  Fort  Wayne  avenue,  except  the  crossing  of 
Alabama  street,  by  grading  and  paving  the  roadway  with  asphalt, 
from  curb  to  curb,  to  a  uniform  width  of  twenty-four  (24)  feet,  laid 
on  a  four  (4)  inch  hydraulic  cement  gravel  concrete  foundation,  in- 
cluding the  wings  of  the  intersecting  alleys,  together  with  the  neces- 
sary marginal  stone  finish  to  the  same,  and  curbing  with  stone  the 
outer  edges  of  the  sidewalks,  between  the  above-named  points,  and 
fixing  a  time  when  the  same  shall  take  effect. 

Introduced 217 

Read  first  time  and  referred 218 

Committee  report 232 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    254 
Approved  by  Mayor 2G0-1 

Tenth  Street. 

G.  O.  No.  27,  1898.  An  ordinance  authorizing  the  improvement  iof  the 
roadway  of  Tenth  street,  in  the  City  of  Indianapolis,  in  Marion 
County,  State  of  Indiana,  from  the  east  property  line  of  Pennsyl- 
vania street  to  the  west  property  line  of  Delaware  street,  by  grading 
and  paving  the  roadway  with  icreosoted  wooden  blocks  from  mar- 
ginal stone  to  marginal  stone,  to  a  uniform  width  of  seventeen  and 
thirty-three  hundredths  (17.33s)  feet,  laid  on  a  four-inch  hydraulic 
cement  gravel  concrete  foundation,  including  the  alley  intersection, 
and  placing  the  necessary  marginal  stone  finish  along  the  sides  of  the 
same,  and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 21 1 

Read  first  time  and  referred 216 

Ordinance  withdrawn  from  Council 230 


64  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


Webster  Street. 

G.  O.  No.  64,  1897.  An  ordinance  changing  the  name  iof  Webster  street 
to  East  New  York  street,  and  also  changing  the  name  of  a  part  rof 
East  New  York  street  to  Marlowe  avenue,  repealing  all  ordinances 
and  parts  of  ordinances  in  conflict  therewith,  and  declaring  an  emer- 
gency. 

Introduced 27 

Read  first  time  and  referred 27 

Committee  report 82 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .      90 
Approved  by  Mayor 99 


STREETS— MISCELLANEOUS. 

^Burning  of  Weeds,  Leaves,  Trash,  Etc. 

G.  O.  No.  06,  1897.  An  ordinance  prohibiting  the  burning  of  weeds, 
leaves,  trash  or  other  substances  on  the  streets,  alleys,  sidewalks  or 
public  grounds  of  the  City  of  Indianapolis. 

Introduced 2'< 

Read  first  time  and  referred 28 

Committee   report 66-7 

Read  second  time,  amended  and  re-referred 77 

Cattle,  Sheep  and  Hogs— Driving  of  Through  Streets. 

G.  O.  No.  61,  1897.  An  ordinance  regulating  the  driving  or  taking  of 
cattle,  sheep  and  hogs  through  tl»e  streets,  alleys,  highways  and 
public  places  of  the  City  of  Indianapolis;  providing  a  penalty,  and 
fixing  a  time  when  the  same  shall  take  effect. 

Introduced S 

Read  first  time  and  referred 9 

Committee  report 18-19 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

pa  ssed  28-9 

Approved  by  Mayor 35 

Eeeding  of  Horses,  Mules,  Etc. 

G.  O.  No.  12,  1898.  An  ordinance  regulating  the  standing  of  vehicles, 
teams,  horses  or  cattle,  etc.,  and  prohibiting  the  feeding  of  any  ani- 
mal upon  any  improved  street  in  the  City  of  Indianapolis;  providing 
a  penalty  for  the  violation  thereof;  repealing  conflicting  ordinances, 
and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 148 

Read  first  time  and  referred 149 

Committee  report 167 

Peddling— Forbidden  on  Certain  Streets. 

G.  O.  No.  69,  1897.  An  ordinance  to  amend  section  one  (1)  of  "An  ordi- 
nance regulating  peddling  and  designating  portions  of  public  streets 
where  certain  kinds  of  peddling  is  prohibited,  and  matters  connected 
therewith,"  approved  March  11,  1895,  and  fixing  the  time  when  the 
same  shall  take  effect. 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council. 


Introduced 59 

Read  first  time  and  referred Gc 

Petition  requesting  passage  of  ordinance 59-00 

Committee  report £2 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 201-2 

Approved  by  Mayor 203-4 

Soliciting  of  Custom  on  Streets. 

G.  O.  No.  9,  1898.  An  ordinance  prohibiting  the  soliciting  of  custom  or 
trade  upon  the  streets,  sidewalks  and  other  public  places  in  the  City 
of  Indianapolis,  and  fixing  penalties  for  the  violation  thereof. 

Introduced 147 

Read  first  time  and  referred 147 

Committee  report . 182 

Read  second  time,  amended  ordinance  offered  as  substitute  and  re- 
ferred   - 187-8 

Substitute  adopted,  ordered  engrossed,  read  third  time  and  passed. 201-2 
Approved  by  Mayor 203-4 

Traction  and  Other  Engines— Propelling  Of. 

G.  O.  No.  52,  1898.  An  ordinance  to  amend  section  one  of  an  ordinance 
entitled  "An  ordinance  prohibiting  traction  or  other  engines  or  boil- 
ers from  being  propelled  over  and  along  certain  streets  of  the  City  of 
Indianapolis,  and  providing  penalties  for  the  violation  thereof,"  ap- 
proved February  9,  1893,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Introduced 341 

Read  first  time  and  referred 341 

Trees— Planting  of  Along  Streets. 

G.  O.  No.  10,  1898.  An  ordinance  requiring  all  property  owners  or  agents 
to  obtain  a  permit  from  the  Park  Bureau  before  planting  any  tree  or 
trees  in  or  along  the  streets  of  the  City  Of  Indianapolis,  and  requir- 
ing all  trimming  or  pruning  of  trees  along  said  streets  to  be  clone 
under  the  direction  of  the  Park  Superintendent. 

Introduced 147 

Read  first  time  and  referred 148 

Committee  report 207 

Read  second  time  and  stricken  from  tiles 308 

STREET  RAILWAY. 

G.  O.  No.  08,  1897.  An  ordinance  requiring  street  railroad  companies  to 
provide  electric  alarm  bells  on  their  cars  for  the  use,  convenience 
and  safety  of  passengers. 

Introduced 41 

Read  first  time  and  referred 42 

Committee  report 195 

G.  O.  No.  2.  1899.  An  ordinance  prohibiting  the  overloading,  or  to  per- 
mit more  passengers  from  entering  any  street  car  or  cars,  and  pro- 
viding a  penalty  for  the  violation  thereof. 

Introduced 485 

Read  first  time  and  referred . 480 


66  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


G.  O.  No.  16.  1899.  An  ordinance  ratifying,  confirming  and  approving  a 
certain  contract  and  agreement  made  and  entered  into  on  the  6th 
day  of  April,  1899,  between  the  City  of  Indianapolis,  by  and  through 
its  Board  of  Public  Works,  and  the  Indianapolis  Street  Railway  Com- 
pany, whereby  said  company  is  authorized  to  construct,  extend, 
operate  and  maintain  certain  passenger  railways  in  and  upon  the 
streets  of  the  City  of  Indianapolis,  and  fixing  (the  time  when  the 
same  shall  take  effect. 

Introduced  584 

Read  first  time  and  referred 601 

Amendments  to  ordinance  introduced  and  referred 602-4 

Committee  report 606 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .606-7 

Motion  to  reconsider  lost 607 

Approved  by  Mayor 609-10 

SWITCHES  AND  SIDE-TRACKS. 

G.  O.  No.  71,  1897.  An  ordinance  ratifying,  confirming  and  approving 
the  certain  contract  and  agreement  made  and  entered  into  on  the  6th 
day  of  December,  1897.  between  the  City  of  Indianapolis,  by  and 
through  its  Board  of  Public  Works,  and  the  Indianapolis  Desiccating 
Company,  whereby  said  Company  is  authorized  (to  construct,  main- 
tain, lay  and  operate  upon  the  property  of  the  City  of  Indianapolis, 
comprising  a  public  place  known  as  Sellers  Farm,  a  railroad  track, 
providing  for  the  publication  of  the  same,  and  fixing  a  time  when 
the  same  shall  take  effect. 

Introduced 67 

Read  first  time  and  referred , 69 

Committee  report 80-1 

G.  O.  No.  1,  1898.  An  ordinance  ratifying,  confirming  and  approving  a 
certain  contract  and'  agreement  made  and  entered  into  on  the  3d  day 
of  January,  1898,  between  the  City  of  Indianapolis,  by  and  through 
its  Board  of  Public  Works,  and  the  Indianapolis  Desiccating  Com 
pany,  whereby  said  company  is  authorized  to  construct,  maintain, 
lay  and  operate  upon  the  property  of  the  City  of  Indianapolis,  com- 
prising a  public  place  known  as  Sellers  Farm,  a  railroad  track,  pro- 
viding for  the  publication  of  the  same,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Introduced 101 

Read  first  time  and  referred 1 04 

Committee  report 142-3 

Modification  of  contract 142-3 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 155-  6 

Approved  by  Mayor 158 

G.  O.  No.  44,  1898.  An  ordinance  approving  a  certain  contract,  granting 
the  Cincinnati,  Hamilton  &  Indianapolis  Railway  Company  and  the 
Indianapolis  Manufacturers'  and  Carpenters'  Union  the  right  to  lay 
and  maintain  three  switches  or  side-tracks  across  South  New  Jersey 
street,  in  the  City  of  Indianapolis,  Indiana. 

Introduced 304 

Read  first  time  and  referred 306 

Committee  report— majority 312 

Committee  report— minority 313 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed.. 317-18 
Approved  by  Mayor 322-3 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  67 


O.  O.  No.  65,  1898.  An  ordinance  approving  a  certain  contract  granting 
the  Peoria  <fc  Eastern  Railway  Company  the  right  to  lay  and  main- 
tain a  certain  railway  track  across  West  Washington  street,  in  the 
City  of  Indianapolis,  under  stipulated  terms  and  conditions. 

Introduced 412 

Read  first  time  and  referred 414 

O.  O.  No.  73,  1898.  An  ordinance  approving  a  certain  contract  granting 
the  Peoria  &  Eastern  Railway  Company  the  right  to  lay  and  main- 
tain certain  railway  tracks  across  West  Washington  street,  Decatur 
street,  and  the  first  alley  north  of  Washington  street  running  east 
and  west  parallel  to  Washington  street,  in  the  City  of  Indianapolis, 
under  stipulated  terms  and  conditions. 

Introduced 428 

Read  first  time  and  referred 430 

O.  O.  No.  4,  1899.  An  ordinance  approving  a  certain  contract  granting 
E.  A.  Caylor  and  Harvey  Coonse  the  right  to  lay  iand  maintain  a 
switch  or  side-track  across  the  first  alley  south  'of  Moore  avenue,  in 
the  City  of  Indianapolis,  Indiana. 

Introduced 508 

Read  first  time  and  referred 510 

Committee  report 533 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    549 
Approved  by  Mayor 563-4 

<~x.  O.  No.  11,  1899.  An  ordinance  approving  a  certain  contract,  granting 
M.  O'Connor  &  Company  the  right  to  lay  and  maintain  a  switch  or 
side-track  across  Missouri  street,  in  the  City  of  Indianapolis,  Indiana. 

Introduced 553 

Read  first  time  ^nd  referred. . 555 

Committee  report 577 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed.  .618-19 
Approved  by  Mayor 621 

C  O.  No.  13,  1899.  An  ordinance  approving  a  certain  contract,  granting 
Bartholomew  D.  Brooks  the  right  to  lay  and  maintain  a  switch  or 
side-track  across  the  first  alley  north  of  Sample  street,  in  the  City  of 
Indianapolis,  Indiana. 

Introduced 5G6 

Read  first  time  and  referred 568 

Committee  report 577-8 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .581-2 
Approved  by  Mayor 615-1 6 

O.  O.  No.  18,  1899.  An  ordinance  approving  a  certain  contract,  granting 
Adams  Brick  Company  the  right  to  lay  and  maintain  a  switch  or 
side-track  across  the  first  alley  west  of  Yandes  street,  in  the  City  of 
Indianapolis,  Indiana. 

Introduced 623 

Read  first  time  and  referred 626 

Committee  report 632 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    637 
Approved  by  Mayor 650 

G.  O.  No.  29,  1899.  An  ordinance  approving  a  certain  contract  granting 
Henry  L.  Spiegel  the  right  to  lay  and  maintain  a  switch  or  side- 
track across  Oriental  street,  in  the  City  of  Indianapolis,  Indiana. 


A n  Index  to  the  Journal  of  the  Common  Council '.       [1897-99 


Introduced  652 

Read  first  time  and  referred 65."; 

Committee  report 666 

Ren d  second  time 678 

Petition  remonstrating  against  passage  of  ordinance. P»7S 

Ordered  engrossed,  read  third  time  and  passed <o7S 

Approved  by  Mayor G82 

G.  O.  No.  38.  1899.  An  ordinance  approving  a  certain  contract  granting 
Indianapolis  Hominy  Mills  the  right  to  lay  and  maintain  a  switch  or 
side-track  across  Madison  avenue  and  Minnesota  street,  in  the  City 
of  Indianapolis,  Indiana. 

Introduced GS1 

Read  first  time  and  referred 680 

Committee  report 704 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    706 
Approved  by  Mayor 711-12 

TAX  LEVY— A.NNTJ AL. 

G.  O.  No.  GO,  1898.  An  ordinance  ordering  and  directing  the  levy  of  an 
annual  tax.  and  fixing  the  rate  of  levy  and  taxation  for  the  City  of 
Indianapolis  for  the  year  1898. 

Introduced 388 

Read  first  time  and  referred 389 

Committee  report 401 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    402 
Approved  by  Mayor 409-10 

G.  O.  No.  48,  1899.  An  ordinance  ordering  and  directing  the  levy  of  an 
annual  tax  and  fixing  the  rate  of  levy  and  taxation  for  the  City  of 
Indianapolis  for  the  year  1900,  and  fixing  the  time  when  the  same 
shall  take  effect. 

Introduced 744 

Read  first  time  and  referred 745 

Committee  report 757 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    759 
Approved  by  Mayor 761-2 

TELEPHONE. 

G.  O.  No.  37,  1898.    An  ordinance  ratifying,  confirming  and  approving 

the  certain  contract  or  agreement  made  and  entered  into  on  the 

day  of  April.  1898,  between  the  City  of  Indianapolis,  by  and  through 
its' Board  of  Public  Works,  and  the  New  Telephone  Company,  where- 
by said  company  is  authorized  to  construct  in  and  over  the  streets, 
alleys,  avenues  and  public  places  of  the  City  of  Indianapolis  a  tele- 
phone plant  and  system  and  to  operate  the  same  for  a  fixed  period, 
subject  to  limitations  and  conditions  therein  contained,  and  provid- 
ing for  the  taking  effect  of  the  same. 

Introduced 236 

Read  first  time  and  referred 250 

Committee  report— majority 261-3 

Committee  report— minority 264 

Council  went  into  Committee  of  the  Whole  to  consider  majority  re- 
port     '. ..',-... 264-5 

Report  of  Chairman  of  Committee  of  the  Whole 265-6 

Ordinance  and  recommendations  of  Committee  of  the  Whole  re- 
ferred to  Board  of  Public  Works 27 J 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  09 


G.  O.  No.  41,  189S.  An  ordinance  ratifying,  confirming  and  approving 
the  certain  contract  or  agreement  made  and  entered  into  on  the  18th 
day  of  May,  189S,  between  the  City  of  Indianapolis,  by  and  through 
its  Board  of  Public  Works,  and  the  New  Telephone  Company,  where 
by  said  company  is  authorized  to  construct  in  and  Over  the  streets, 
alleys,  avenues  and  public  places  of  the  City  of  Indianapolis  a  tele- 
phone plant  and  system  and  to  operate  the  same  for  a  fixed  period, 
subject  to  limitations  and  conditions  therein  contained,  and  provid- 
ing for  the  taking  effect  of  the  same. 

Introduced    . 274 

Read  first  time  and  referred 2SS 

Committee  ireport 292 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .292-3 

Motion  to  reconsider  lost 293 

Approved  by  Mayor 295 

THEATERS,  OPERA  HOUSES  AND  SHOWS. 

G.  O.  No.  70,  1897.  An  ordinance  providing  for  the  placing  of  asbestos 
drop-curtains  upon  the  stage  of  each  theater  and  opera  house  located 
in  the  City  of  Indianapolis,  providing  a  penalty  for  the  violation 
thereof,  and  fixing  the  time  the  same  shall  take  effect. 

Introduced GO 

Read  first  time  and  referred 61 

G.  O.  No.  5,  1898.  An  ordinance  providing  for  the  licensing  of  concerts 
and  theatrical  performances  to  be  given  and  exhibited  on  Sunday. 

Introduced 12a 

Read  first  time  and  referred 123 

Committee   report 454 

G.  O.  No.  42,  1899  An  ordinance  amending  sections  ten  (10)  and  eleven 
(11)  of  an  ordinance  entitled  "An  ordinance  requiring  auctioneers, 
peddlers,  hucksters  and  certain  classes  of  public  showmen  to  pay  a 
license  to  the  City  of  Indianapolis,  regulating  certain  matters  con- 
nected with  the  business  of  such  persons,  and  repealing  certain  ordi- 
nances herein  specified,"  approved  June  14,  1880,  land  fixing  a  time 
when  the  same  shall  take  effect.  (Consent  of  all  resident  voters 
within  one  square  of  proposed  location  necessary  to  secure  license.) 

Introduced  69(5 

Read  first  time  and  referred 697 

Committee  report 704 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .707-S 
Approved  by  Mayor 712 

TRACTION   ENGINES. 

G.  O.  No.  52,  1898.  An  ordinance  to  amend  section  one  of  an  ordinance 
entitled  "An  ordinance  prohibiting  traction  or  other  engines  or  boil- 
ers from  being  propelled  over  and  along  certain  streets  of  the  City  of 
Indianapolis,  and  providing  penalties  for  the  violation  thereof,"  ap- 
proved February  9,  1893.  and  fixing  the  time  when  the  same  shall 
take  effect. 

Introduced 341 

Read  first  time  and  referred 341 


An  Index  to  the  Journal  of  the  Common  Ccuncil.       [1897-99 


TRANSFER  OF  FUNDS. 

G.  O.  No.  18,  1S98.  An  ordinance  authorizing  and  directing  the  transfer 
of  one  thousand  dollars  heretofore  appropriated  for  the  payment  of 
special  counsel  and  expenses  of  Street  Railroad  Company's  litigation, 
to  a  fund  to  be  used  in  defraying  the  expenses  of  the  litigation  be- 
tween the  City  of  Indianapolis  and  the  Indianapolis  Gas  Company. 

Introduced 183 

Read  first  time  and  referred 183 

Committee   report 193 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    202 
Approved  by  Mayor 203-4 

G.  O.  No.  66,  1898.  An  ordinance  authorizing  the  transfer  of  twenty-five 
hundred  and  five  dollars  and  twenty-Jive  cents  ($2,505.25)  from  funds 
other  than  those  to  which  this  sum  was  originally  appropriated. 

Introduced , .  .    414 

Read  first  time  and  referred 415 

Committee    report ' 420 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    433 
Approved  by  Mayor 435-6 

G.  O.  No.  67,  1898.  An  ordinance  authorizing  the  transfer  of  certain 
sums  to  other  funds  than  those  for  which  they  were  originally  ap- 
propriated, and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 415 

Read  first  time  and  referred 410 

Committee   report 421 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .433-4 
Approved  by  Mayor , 435-6 

G.  O.  No.  68,  1898.  An  ordinance  authorizing  the  transfer  of  four  thou- 
sand six  hundred  and  fifty  dollars  ($4,650)  from  funds  other  than 
those  to  which  it  was  originally  appropriated,  and  making  the  same 
available  to  the  use  of  the  Department  of  Public  Works,  and  fixing  a 
time  when  the  same  shall  take  effect. 

Introduced 422 

Read  first  time  and  referred 422 

Committee  report— majority 438-9 

Committee  report  —minority 439-40 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    459 

Motion  to  reconsider  lost 459 

Approved  by  Mayor 461 

G.  O.  No.  12,  1899.  An  ordinance  transferring  funds  heretofore  appro- 
priated to  the  Department  of  Public  Works  for  park  purposes  to  and 
for  the  use  of  the  Department  of  Public  Parks,  and  fixing  the  time 
when  the  same  shall  take  effect. 

Introduced 556 

Read  first  time  and  ref erred 557 

Committee  report 564-5 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    571 
Approved  by  Mayor 573-4 

G.  O.  No.  27,  1899.  An  ordinance  authorizing  the  transfer  of  the  sum  of 
nineteen  hundred  dollars  ($1,900)  from  funds  of  the  Department  of 
Public  Safety  to  other  than  those  to  which  it  was  originally  appro- 
priated. 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  71 


Introduced 616 

Read  first  time  and  referred 647 

Committee  report 667 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .678-9 
Approved  by  Mayor 682 

TREES. 

G.  O.  No.  10,  1898.  An  ordinance  requiring  all  property  owners  or  agents 
to  obtain  a  permit  from  the  Park  Bureau  before  planting  any  tree  or 
trees  in  or  along  the  streets  of  the  City  of  Indianapolis,  and  requir- 
ing all  trimming  or  pruning  of  trees  along  said  streets  to  be  done 
under  the  direction  of  the  Park  Superintendent. 

Introduced 147 

Read  first  time  and  referred 148 

Committee  report 267 

Read  second  time  and  stricken  from  files 308 


UNDERTAKING  ESTABLISHMENTS. 

G.  O.  No.  75,  1897.     An  ordinance  regulating  the  location  of  morgues 
and  undertaking  establishments  in  the  City  of  Indianapolis,  Indiana. 

Introduced 87 

Petition  of  Indianapolis  Propyla?um  Association  asking  for  passage  87-8 

Petition  of  317  citizens  asking  for  passage  of  ordinance 88 

Read  first  time  and  referred 88 

Committee  report 95 

Opinion  of  City  Attorney 95 

Read  second  time 97 

Communication  giving  Mr.  Whitsett's  view  on  G.  O.  No.  75,  1897, 

read 97 

Ordinance  ordered  engrossed,  read  third  time  and  failed  to  pass. .  .      97 

G.  O.  No.  3,  1898.    An  ordinance  regulating  the  location  of  morgues  and 
undertaking  establishments  in  the  City  of  Indianapolis,  Indiana. 

Introduced 122 

Read  first  time  and  referred 123 

Committee  report ]  33 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed  1 35-6 

Motion  to  reconsider  lost 136-7 

Approved  by  Mayor 139 


VAPOR  LIGHTS. 

G.  O.  No.  73,  1897.  An  ordinance  concerning  vapor  lights,  and  ratifying, 
confirming  and  approving  a  certain  agreement  made  and  entered  into 
on  December  13,  1897,  between  the  City  of  Indianapolis,  by  and 
through  its  Board  of  Public  Works,  and  the  Sun  Vapor  Street  Light 
Company,  and  matters  connected  therewith,  and  fixing  a  time  when 
the  same  shall  take  effect. 

Introduced 83 

Read  first  time  and  referred 86 

Committee  report 120-1 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .127-8 
Approved  by  Mayor 130 


iMa 


72  An  Index  to  the  Journal  of  the  Common  Council.       [1897-99 


G.  O.  No,  3,  1899.  An  ordinance  concerning  vapor  lights,  and  ratifying, 
confirming  and  approving  a  certain  agreement  made  and  entered  into 
on  the  13th  day  of  January,  1899,  between  the  City  of  Indianapolis, 
by  and  through  its  Board  of  Public  Works,  and  The  Sun  Vapor 
Street  Light  Company,  and  matters  connected  therewith,  and  fixing 
a  time  when  the  same  shall  take  effect. 

Introduced 505 

Read  first  time  and  referred 508 

Committee  report 532-3 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. . .    547 
Approved  by  Mayor 563-4 

VAULTS. 

G.  O.  No.  74,  1898.  An  ordinance  regulating  the  cleaning  of  vaults  and 
the  removal  of  night  soil  and  other  noxious  matter,  providing  pen- 
alties for  the  violation  thereof,  and  fixing  the  time  when  the  same 
shall  take  effect. 

Introduced 430 

Read  first  time  and  referred 431 

Committee  report 441 

Re-referred  to  committee , 109 

Committee  instructed  to  report  on  ordinance  at  next  meeting; 511 

Called  from  committee,  read  second  time,  amended,   ordered  en- 
grossed, read  third  time  and  failed  to  pass. 526-7 

VEHICLES. 

G.  O.  No.  65,  1897.  An  ordinance  regulating  the  keeping  or  standing  of 
garbage  wagons  in  the  City  of  Indianapolis,  fixing  a  penalty  for  the 
violation  thereof,  and  fixing  the  time  when  the  same  shall  take  effect. 

Introd  need  27 

Read  first  time  and  referred 28 

Committee  report . 94 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 96 

Motion  to  reconsider  lost 97 

Approved  by  Mayor 1 07 

G.  O.  No.  12,  1898.  An  ordinance  regulating  the  standing  of  vehicles, 
teams,  horses  or  cattle,  etc.,  and  prohibiting  the  feeding  of  any  ani- 
mal upon  any  improved  street  in  the  City  of  Indianapolis;  providing 
a  penalty  for  the  violation  thereof:  repealing  conflicting  ordinances, 
and  fixing  a  time  when  the  same  shall  take  effect. 

Introduced 148 

Rpad  first  time  and  referred 149 

Committee  report 167 

G.  O.  No.  77,  1898.  An  ordinance  to  amend  Sections  1,  ©and  10  of  an 
ordinance  entitled  "An  ordinance  providing  for  license  upon  vehicles 
drawn  upon  the  streets  of  the  City  of 'Indianapolis,  Indiana:  regu- 
lating the  construction  and  dimensions  of  tires  to  be  used  on  such 
vehicles,  and  providing  penalties  for  the  enforcement  of  the  same; 
also  for  the  publication  thereof,  and  the  date  when  the  same  shall 
take  effect,"  approved  November  27,  18t)3,  and  amended  February  1, 
1895,  providing  for  the  publication  of  the  same,  and  fixing  the  time 
when  the  same  shall  take  effect. 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  78 


Introduced 443 

Read  iirst  time  and  referred 445 

Committee  report 454-5 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed   458-9 

Approved  by  Mayor 462 

G.  O.  No.  58,  1898.  An  amendment  to  the  second  clause  of  G.  O.  No.  7G 
by  adding  the  space  on  East  Market  square  as  a  public  express 
wagon  stand. 

Introduced  3G7 

Read  first  time  and  referred 3G7 

Committee  report 504 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed. .  .    511 
Vetoed  by  May  or 515 

G.  O.  No.  15.  1899.  An  ordinance  to  prohibit  the  owners,  agents,  serv- 
ants or  employes  of  express  wagons  or  other  vehicles  used  for  carry- 
ing freight  or  passengers  within  said  city,  from  soliciting  business  at 
other  places  than  therein  provided,  and  providing  a  penalty  for  the 
violation  thereof. 

Introduced 569 

Read  first  time  and  referred 569 

Committee  report 078-9 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 581 

Approved  by  Mayor G15  1 6 

G.  O.  No.  19,  1899.  An  ordinance  to  amend  section  one  of  an  ordinance 
entitled  "An  ordinance  to  prohibit  the  owners,  servants  or  employes 
of  express  wagons  or  other  vehicles  used  for  carrying  freight  or  pas- 
sengers within  said  city,  from  soliciting  business  at  other  places  than 
therein  provided,  and  providing  a  penalty  for  the  violation  thereof," 
passed  by  the  Common  Council  April  3,  1899,  being  known  and  desig- 
nated as  General  Ordinance  No.  15,  1899,  also  to  amend  the  title  of 
said  ordinance  and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced G2G 

Read  iirst  time  and  referred G2G 

Committee  report 651 

Opinion  of  City  Attorney 651-2 

Read  second  time,  motion  to  strike  from  files  lost,  amendment  of- 
fered, and  ordinance  and  amendment  re-referred 663-4 

Called  from  committee 706 

G.  O.  No.  33,  1899.  An  ordinance  to  prohibit  the  owners,  agents,  serv- 
ants or  employes  of  express  wagons  or  other  vehicles  used  for  carry- 
ing freight  or  passengers  within  said  city  from  soliciting  business  at 
other  places  than  therein  provided,  repealing  all  ordinances  in  con- 
flict, and  providing  a  penalty  for  the  violation  thereof. 

Introduced  662 

Read  first  time  and  referred 661 

G.  O.  No.  45,  1899.  An  ordinance  to  prohibit  the  owners,  agents,  serv- 
ants or  employes  of  any  transfer  line,  express  wagon,  omnibus,  hack 
hansom  or  carriage  or  other  vehicle  used  for  carrying  passengers  to 
and  from  any  of  the  passenger  depots  situated  in  said  city  from 
soliciting  business  within  the  confines  or  enclosures  or  train  sheds 
in  any  of  said  passenger  depots  within  said  city,  from  soliciting  busi- 
ness from  other  places  than  herein  provided,  and  providing  a  per 
alty  for  the  violation  thereof. 


74  An  Index  to  the  Journal  of  the  Common  Council.      [1897-99' 

Introduced 708 

Read  first  time  and  referred 70S 

VOTING  MACHINES. 

G.  O.  No.  50,  1899.  An  ordinance  authorizing  and  ordering  the  use  of 
voting  machines  in  certain  voting  precincts  of  the  City  of  Indianap- 
olis, Indiana,  and  fixing  the  time  when  the  same  shall  take  effect. 

Introduced 757 

Read  first  time  and  referred 758 

Committee  report 762 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed 765-G 

Approved  by  Mayor 768 

G.  O.  No.  51,  1899.  An  ordinance  repealing  an  ordinance  entitled  "An 
ordinance  authorizing  and  ordering  the  use  of  voting  machines  in 
certain  voting  precincts  of  the  City  of  Indianapolis,  Indiana,  and  fix- 
ing the  time  when  the  same  shall  take  effect,"  passed  and  ordained 
on  the  2d  day  of  October,  1899,  and  fixing  the  time  when  the  ^ame 
shall  take  effect. 

Introduced 772 

Read  first   time,  rules  suspended,  read   second  time,   ordered  en- 
grossed, read  third  time  and  passed 772 

Approved  by  Mayor October  9,  1899 

IWARD  AND  PRECINCT  BOUNDARIES. 

G.  O.  No.  47,  1S99.  An  ordinance  to  amend  G.  O.  No.  46,  1897,  the  same 
being  an  ordinance  fixing  the  boundaries  of  the  voting  precincts  of 
the  City  of  Indianapolis,  Indiana,  approved  May  29,  1897,  and  fixing 
the  time  when  the  same  shall  take  effect. 

Introduced 715 

Read  first  time  and  referred 715 

Committee  report 747-9 

Read  second  time,  amended,  ordered  engrossed,  read  third  time  and 

passed   749 

Approved  by  Mayor 752 

G.  O.  No.  49,  1899.  An  ordinance  to  amend  the  description  of  the  boun- 
daries of  the  Fourth  and  Fifth  Wards  of  the  City  of  Indianapolis 
contained  in  Section  1  of  G.  O.  No.  45,  1897,  the  same  being  an  ordi- 
nance entitled  "An  ordinance  to  divide  the  City  of  Indianapolis,  In- 
diana, into  fifteen  Wards  and  to  readjust  the  Ward  and  Common 
Council  boundaries  of  such  Wards,  and  fixing  the  time  when  such 
ordinance  shall  take  effect,''  approved  May  20,  1897,  and  fixing  the 
time  when  the  same  shall  take  effect. 

Introduced 745 

Read  first  time  and  referred 747 

Committee  report 75-1 

Read  second  time,  ordered  engrossed,  read  third  time  and  passed..  .    754 
Approved  by  Mayor 755  6 

WATER. 

G.  O.  No.  13,  1898.  An  ordinance  fixing  the  maximum  rate  to  be  charged 
for  the  use  of  water  to  private  consumers,  ,and  repealing  all  ordi- 
nances in  conflict  therewith,  and  declaring  an  emergency. 


1897-99]       An  Index  to  the  Journal  of  the  Common  Council.  75 


Introduced 149 

Read  first  time  and  referred 154 

Committee  report 194 

Read  second  time,  amendment  offered,  amendment  ,and  ordinance 

referred  to  another  committee 251-4 

Committee  report— majority 297-8 

Committee  report — minority 298-301 

Opinion  of  City  Attorney 300-1 

G.  O.  No.  14,  1808.  An  ordinance  prohibiting  the  pollution  of  streams  of 
water  within  the  corporate  limits  pf  the  City  iof  Indianapolis;  pre- 
scribing penalties  for  its  violation. 

Introduced 154 

Read  first  time  and  referred 154 

WEEDS,  LEAVES,  RUBBISH,  ETC.— BURNING  OF. 

O.  No.  60,  1807.    An  ordinance  prohibiting  the  burning  of  weeds. 

leaves,  trash  or  other  substances  on  the  streets,  alleys,  sidewalks  or 

public  grounds  of  the  City  of  Indianapolis. 

Introduced 28 

Read  first  time  and  referred 28 

Committee  report GO-7 

Read  second  time,  amended  and  re-referred 77 

G.  O.  No.  61,  1898.  An  ordinance  requiring  the  burning  of  all  rubbish 
hauled  'or  placed  upon  any  dumping  ground,  providing  the  penalty 
for  the  violation  thereof,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Introduced 383 

Read  first  time  and  referred 389 

Committee  report 395 

Read  second  ,time,  ordered  engrossed,  read  third  time  and  passed. . .    396 
Approved  by  Mayor 400-401 


— 


JOURNAL  OF  PROCEEDINGS 


OF   THE 


Common    Council 


OF   THE 


CITY  OF  INDIANAPOLIS, 


In  Marion  County  in  the  State  of  Indiana. 


FIRST  REGULAR  MEETING, 


Council  Chamber,  City  of  Indianapolis,         ) 
Thursday,  October  14,  1897,  7:30  p.  m.  j 

The  records  and  files  in  the  office  of  the  City  Clerk  of  the  City 
of  Indianapolis,  a  city  located  in  Marion  County  in  the  State  of 
Indiana,  and  governed  by  and  under  an  act  of  the  General 
Assembly  of  said  State  entitled,  "  An  act  concerning  the  incor- 
poration and  government  of  cities  having  more  than  one  hun- 
dred thousand  population  according  to  the  last  preceding  United 
States  census,  and  matters  connected  therewith,  and  declaring 
an  emergency,"  approved  March  6,  1891,  (see  laws  57th  Regular 
Session,  Chapter  97,  pages  137  to  167,  and  commonly  called 
"The  City  Charter,")  showing  that  at  the  election  held  on  the 
second  Tuesday  in  October,  1897,  being  the  12th  day  of  said 
month,  pursuant  to  Section  2  of  said  act,  the  following  officers 
of  said  city  were  duly  elected,  all  of  whom  have  qualified  in  pur- 
suance to  Section  6  of  said  act,  to-wit : 

THOMAS  TAGGART,  Mayor. 

CHAS.  H.  STUCKMEYER,  City  Clerk. 

CHAS.  E.  COX,  Police  Judge. 


2  journal  or  common  council.  [Kegular  Meeting 

Councilmen-at-  Large. 

John  H.  Mahoney. 
Robert  M.  Madden. 
James  H.  Costello. 
Thomas  J.  Montgomery. 
Albert  E.  Rauch. 
Albert  Harston. 

Councilmen  Representing  the  Fifteen   Wards. 

Willis  F.  Smith,  First  Ward. 
John  R.  Allen,  Second  Ward. 
John  H.  Crall,  Third  Ward. 
Thomas  A.  Bowser,  Fourth  Ward. 
Richard  Merrick,  Fifth  Ward. 
Edward  D.  Moffett,  Sixth  Ward. 
George  W.  Shaffer,  Seventh  Ward. 
John  A.  Von  Spreckelsen,  Eighth  Ward 
Frank  S.  Clark,  Ninth  Ward. 
George  R.  Colter,  Tenth  Ward. 
John  H.  Scanlon,  Eleventh  Ward. 
James  W.  McGrew,  Twelfth  Ward. 
Edward  E.  Bernauer,  Thirteenth  Ward. 
William  W.  Knight,  Fourteenth  Ward. 
John  M.  Higgins,  Fifteenth  Ward. 

The  Common  Council  held  its  first  meeting  on  the  second 
Thursday  in  October,  1897,  at  7:30  o'clock  p.  m.,  in  the  Council 
Chamber,  located  in  the  Court  House,  and  was  called  to  order  by 
Charles  H.  Stuckmeyer,  City  Clerk,  who  called  the  roll  of  the  six 
Councilmen-at-Large  and  the  fifteen  Ward  Councilmen,  all  of 
whom  answered  to  their  respective  names  except  Councilman 
Moffett. 

The  City  Clerk  announced  twenty  members  present,  and  stated 
the  first  business  in  order  to  be  the  election  of  a  presiding  officer. 

Whereupon  Councilman  Costello  nominated  Councilman 
Montgomery,  which  nomination  was  seconded  by  Councilman 
Rauch-. 


October  14,  1897.]  city  of  Indianapolis,  ind.  o 

There  being  no  further  nominations,  Councilman  Shaffer 
moved  that  the  City  Clerk  cast  the  unanimous  vote  of  the  body 
for  the  nominee,  which  motion  was  adopted,  and  the  City  Clerk 
announced  twenty  votes  cast  for  Thomas  J.  Montgomery,  and 
declared  him  duly  elected  President  of  the  Common  Council. 

Whereupon  the  President  took  the  chair  and  announced  as 
the  next  order  of  business  the  election  of  a  presiding  officer  pro 
tern. 

Councilman  Madden  nominated  Councilman  Colter,  which 
nomination  was  seconded  by  Councilman  Costello,  and  there 
being  no  further  nominations,  the  election  was  made  by  accla- 
mation, and  George  R.  Colter  was  declared  duly  elected  President 
pro  tern  of  the  Common  Council. 

Councilman  Moffett,  absent  at  roil-call,  now  arrived  and  took 
his  seat. 


COMMUNICATIONS,    ETC.,    FROM    MAYOR. 


His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department, 

City  of  Indianapolis, 

October  7,  1897. 
To  the  President  of  the  Common  Council : 

Dear  Sir — I  have  this  day  approved  Resolution  No.  26,  1897,  the  same  per- 
taining to  the  appointment  of  Election  Inspectors. 

Very  respectfully, 

Thos.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 

His  Honor,  the  Mayor,  presented  the  following  communication: 

Executive  Department, 

City  of  Indianapolis, 

October  9,  1897. 

To  the  President  of  the  Common   Council : 

Dear  Sir— I  have  this  day  approved  Resolution  No.  27,  1897,  the  same  per- 
taining to  the  appointment  of  Election  Inspectors. 

Respectfully, 

Thos.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


JOURNAL   OF   COMMON  COUNCIL,. 


[Kegular  Meeting 


MISCELLANEOUS    BUSINESS. 


Mr.  Bernauer  offered  and  moved  the  adoption  of  the  following: 

We,  the  members  of  the  Common  Council  of  the  City  of  Indianapolis,  here 
assembled,  do  and  it  is  hereby  expressed  in  the  following  resolutions,  our  token 
of  respect  to  the  memory  of  Martin  C.  Anderson,  late  member  of  the  Board  of 
Public  Works  of  said  city  : 

Resolved,  That  in  the  death  of  Martin  C.  Anderson,  his  family  has  lost  a  lov- 
ing husband  and  father,  the  City  of  Indianapolis  an  honest  and  faithful  servant, 
and  those  who  were  associated  with  him,  a  true  and  sympathetic  friend. 

Resolved,  That  we  bow  in  meek  submission  to  the  will  of  the  All-Powerful 
Kuler,  who  doeth  all  things  for  the  best. 

Resolved,  That  we  tender  to  the  bereaved  family  our  sincere  sympathy  and 
condolence.     Be  it  further 

Resolved,  That  the  above  be  spread  on  the  minutes  and  a  copy  be  transmitted 
to  the  family  of  our  departed  friend ;  also,  that  a  copy  of  the  above  and  forego- 
ing be  given  to  the  press  of  the  city. 

Which  was  read  and  adopted  by  unanimous  vote,  and  the  City- 
Clerk  was  instructed  to  transmit  a  copy  to  the  famity  of  the 
deceased. 

Mr.  Colter  offered  the  following  motion  : 

Moved,  that  the  rules  governing  the  old  Council  be  adopted  as  the  rules  of 
this  Council  until  further  consideration  can  be  given  the  matter. 

Which  motion  was  adopted. 

President  Montgomery  announced  the  appointment  of  the  fol- 
lowing standing  committees: 


STANDING  COMMITTEES. 


Merrick, 


1. — ACCOUNTS  AND  CLAIMS. 

Bernauer,  Crall. 

2. — CONTRACTS  AND  FRANCHISES. 

Scanlon, 
Costello, 


Crall. 


Colter, 
Rauch, 

Knight, 

Von  Spreckelsen, 
Schaffer. 

i 

3. — ELECTIONS. 

Higgins, 

McGrew, 

4. — FEES  AND  SALA 

Bernauer, 

Moffett, 

Harston. 


October  14,  1897.] 

CITY    OF    INDIANAPOLIS,    IND. 
5. — FINANCE. 

Costello, 

Clark, 

Moffett, 

Smith, 

Mahoney, 

Allen. 

(). — JUDICIARY. 

Madden 

Ranch, 

Clark, 

7.— ORDINANCES. 

Scanlon. 

Von  Spreckelsen 

,        Madden, 

Bowser. 

* 

8. — PRINTING. 

Harston, 

McGrew, 

9. — PUBLIC    HEALTH. 

Allen. 

Moffett, 

Mahoney, 

10. — PUBLIC   MORALS. 

Shaffer. 

Smith, 

Knight, 

Bowser. 

11.— PUBLIC    PROPERTY    AND    IMPROVEMENTS. 

McGrew. 

Scanlon, 

Merrick 

12.- 

-PUBLIC  SAFETY   AND   COMFORT. 

Clark, 

Rauch, 

13. — RAILROADS. 

Smith. 

Knight, 

Colter, 

14. — RULES. 

Higgins. 

Montgomery, 

Mahoney, 

Crall. 

15. — SEWERS,    STREETS    AND    ALLEYS. 

Mahoney,  Higgins,  Bowser. 


Madden, 


16. — INVESTIGATION . 

Costello, 


Allen. 


On  motion  of  Mr.  Costello,  the  Common  Council,  at  8:00  o'clock 
p.  m.,  adjourned. 


& 


Attest  : 


Vfrcu 


President. 


V#/yi*jeyjlA^  City  Clerk. 


October  18,  1897.]  city  of  Indianapolis,  ind. 


REGULAR  MEETING. 


Council  Chamber,  ) 

City  op  Indianapolis,  [ 

October  18,  1897.  J 

The  Common  Council  of  the  City  of  Indianapolis  met  in  the 
Council  Chamber,  Monday  evening,  October  18,  1897,  at  8  o'clock, 
in  regular  meeting. 

Present,  Hon.  George  R.  Colter,  Vice-President  of  the  Common 
Council,  in  the  chair,  and  17  members,  viz.:  Messrs.  Allen,  Ber- 
nauer,  Bowser,  Clark,  Colter,  Crall,  Harston,  Higgins,  Knight, 
Madden,  Mahoney,  Merrick,  Moffett,  McGrew,  Rauch,  Scanlom 
Smith  and  Von  Spreckelsen. 

Absent,  3 — viz.:  Messrs.  Costello,  Shaffer  and  President  Mont- 
gomery. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Madden  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with.  4 

Which  motion  prevailed. 

REPORTS    FROM    CITY    OFFICERS. 

Communication  from  City  Comptroller: 

'•    1 

1897.  J 


Department  of  Finance, 

City  of  Indianapolis 

October  18, 


To  the  President  and  Members  of  the  Common  Council : 

Gentlemen— In  September,  189G,  the  Common  Council  of  the  City  of  Indi- 
anapolis appropriated  the  sum  of  |8,000  to  pay  the  expenses  of  the  city  election 
just  held  on  the  12th  inst.     Since  the  said  appropriation  was  made,  a  large 


o  journal  of  common  council.  [Kegular  Meeting 

<  % 
amount  of  territory  was  annexed  to  the  city  which  greatly  increased  the  number 
of  election  precincts  and  made  the  cost  of  said  election  exceed  the  amount  of 
the  appropriation  therefor.  The  total  cost  of  the  election  just  held  is  $10,876.23, 
which  is  Jess  per  precinct  than  in  the  election  of  1895.  The  appropriation 
therefore  lacks  the  sum  of  $2,876.23  of  being  sufficient  to  pay  the  expenses  of 
said  election. 

I  therefore  recommend  that  your  honorable  body  immediately  appropriate 
the  said  sum  of  $2,876.23  to  complete  the  payment  of  the  expenses  of  said  elec- 
tion. Yours  respectfully, 

E.  M.  Johnson, 

City  Comptroller. 

Which  was  read  and  referred  to  Committee  on  Finance. 


APPROPRIATION    ORDINANCES. 

Under  this  order  of  business  the  following  ordinance  was  intro- 
duced: 

By  Mr.  Clark: 

App.  O.  No.  19,  1897.  An  ordinance  appropriating  the  sum  of  $2,876.23  to 
pay  election  expenses,  and  fixing  the  time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  Indian- 
apolis, Indiana,  That  there  be  and  is  hereby  appropriated  to  the  Department  of 
Finance  out  of  any  funds  in  the  City  Treasury,  not  otherwise  appropriated,  the 
sum  of  two  thousand  eight  hundred  and  seventy-six  dollars  and  twenty-three 
cents  ($2,876.23),  with  which  to  complete  the  payment  of  the  expenses  of  the 
city  election  held  October  12,  1897. 

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

Which  was  read  a  first  time  and  referred  to  Committee  on 
Finance. 


INTRODUCTION    OF    GENERAL    AND    SPECIAL    ORDINANCES. 


Under   this   order   of  business   the   following   ordinance  was 


introduced : 

By  Mr.  Knight : 

G.  O.  No.  61,  1897.  An  ordinance  regulating  the  driving  or  taking  of  cattle, 
sheep  and  hogs  through  the  streets,  alleys,  highways  and  public  places  of  the 
City  of  Indianapolis;  providing  a  penalty  and  fixing  a  time  when  the  same  shall 
take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  Indian- 
apolis, Indiana,  That  it  shall  be  unlawful  for  anyone  to  drive  more  than  two 
head  of  cattle,  sheep  or  hogs  in,  along  or  upon  any  of  the  streets,  alleys,  highways 
or  public  places  of  the  City  of  Indianapolis  without  at  least  two  men  in  attendance 
upon  the  same,  and  when  more  than  three  and  less  than  six  head  of  cattle,  sheep 


October  18,  1897.]  city  of  Indianapolis,  ind.  <) 

or  hogs  shall  be  driven  or  taken  along  or  upon  any  of  such  streets,  alleys,  public 
places  or  highways,  there  shall  be  at  least  three  men  in  attendance  yand  when 
more  than  six  and  less  thanfeleven  head  of  cattle,  sheep  or  hogs,  there  shall  be 
four  men  in  attendance;  when  more  than  eleven  and  less  than  twenty-five  head, 
there  shall  be  five  men  in  attendance;  when  more  than  twenty-five  and  less  than 
forty  head,  there  shall  be  six  men  in  attendance ;  when  more  than  forty  and 
less  than  seventy-five,  there  shall  be  seven  men  in  attendance,  and  when  more 
than  seventy -five  and  less  than  one  hundred  head,  eight  men.  It  shall  be  the  duty 
of  the  attendants  to  see  that  such  cattle,  sheep  or  hogs  being  so  driven  or  taken 
along  any  street,  alley,  highway  or  public  place  of  said  city  shall  be  managed 
in  such  a  manner  as  not  to  permit  them  to  go  upon  the  sidewalks,  lawns  or 
property  of  the  city  or  any  person  whatever. 

Sec.  2.  Anyone  violating  any  of  the  provisions  of  this  ordinance  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  one  dollar  nor  more  than  fifty  dollars,  to  which  may  be  added 
imprisonment  for  any  period  not  greater  than  sixty  days. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  full  force  and  effect  from 
and  after  its  passage  and  publication  once  a  week  for  two  consecutive  weeks  in 
The  Sun,  a  daily  newspaper  of  general  circulation  printed  and  published  in  the 
City  of  Indianapolis,  Indiana. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Safety  and  Comfort. 

On  motion  of  Mr.  Clark,  the  Common  Council,  at  8:08  o'clock 
p.  m  ,  adjourned. 


s)jju<~ 


Attest:   _  fl 


City  Clerk. 


October  26,  1897.]  city  of  indtanapolis,  ind.  11 


SPECIAL  MEETING. 


Council  Chamber,  ) 

City  of  Indianapolis,  > 

October  2G,  1897.  ) 

The  Common  Council  of  the  City  of  Indianapolis  met  in  the 
Council  Chamber,  Tuesday  evening,  October  26,  1897,  at  8  o'clock, 
in  special  session,  pursuant  to  the  following  call: 

Indianapolis,  October  26,  1897. 
To  the  President  pro  tern,  of  the   Common.  Council: 

Dear  Sir — The  undersigned  respectfully  request  you  to  call  a  special  meet- 
ing of  the  Common  Council,  to  meet  on  Tuesday,  October  26,  1897,  at  8  o'clock 
p.  m.,  for  the  transaction  of  such  business  as  may  come  before  the  Council. 

Very  respectfully, 

J.  IT.  Mahoney. 
Edward  E.  Bernauer. 
John  M.  Higgins. 
Albert  E.  Rauch. 
W.  W.  Knight. 

Indianapolis,  October  26,  1897. 
To  the  Members  of  the   Common    Council: 

In  compliance  with  the  request  of  rive  members,  I  hereby  call  a  special  ses- 
sion of  the  Common  Council  to  convene  in  the  Council  Chamber  at  8  o'clock  p. 
M.,  Tuesday,  October  26,  1897,  to  transact  such  business  as  may  properly  come 
before  it  for  consideration.  George  R.  Colter, 

President  pro  tern. 

I,  Charles  H.  Stuckmeyer,  Clerk  of  the  Common  Council,  do  hereby  certify 
that  I  have  served  above  notice  upon  the  President  pro  tern,  and  each  member  of 
the  Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

Charles  H.  Stuckmeyer, 

City  Clerk. 

Present,  Hon.  George  R.  Colter,  Vice-President  of  the  Common 
Council,  in  the  chair,  and  15  members,  viz. :  Messrs.  Bernauer, 
Clark,  Crall,  Harston,  Higgins,  Knight,  Madden,  Mahoney,  Mer- 
rick, Moffett,  McGrew,  Rauch,  Scanlon,  Smith  and  Von  Spreck- 
elsen. 

Absent,  5 — viz.:  Messrs.  Allen,  Bowser,  Costello,  Shaffer  and 
President  Montgomery. 


12 


JOURNAL   OF  COMMON   COUNCIL. 


[Special  Meeting 


The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Madden  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

■   Which  motion  prevailed. 


MISCELLANEOUS    BUSINESS. 


Mr.  Montgomery,  Councilman-at-large,  handed  in  the  follow- 
ing: 

Indianapolis,  October  20,  1897. 

To  the  Members  of  the  Common  Council,  Ctty  of  Indianapolis:   . 

Gentlemen — I  herewith  respectfully  tender  to  you  my  resignation  as  a 
member  of  your  Honorable  Body,  and  I  embrace  this  opportunity  to  express 
my  sincere  thanks  to  the  members  of  the  Council  for  their  unanimous  and 
effective  effort  in  my  behalf  on  the  18th  inst. 

Respectfully  submitted, 

T.  J.  Montgomery. 


On  motion  of  Mr.  Clark  the  resignation  was  accepted. 

Vice-President  Colter  announced  the  next  business  in  order  to 
be  the  election  of  a  new  presiding  officer. 

Whereupon  Councilman  Clark  nominated  Councilman  Ma- 
honey,  which  nomination  was  seconded  by  Councilman  Rauch. 

There  being  no  further  nominations,  Councilman  Clark 
moved  that  the  City  Clerk  cast  the  unanimous  vote  of  the  body 
for  the  nominee,  which  motion  was  adopted.  Thereupon  the 
City  Clerk  cast  sixteen  votes  for  John  H.  Mahoney,  and  Vice- 
President  Colter  declared  him  duly  elected  President  of  the 
Common  Council. 

Whereupon  the  President  took  the  chair  and  expressed  his  sin- 
cere thanks  to  the  members  of  Council  for  the  honor  conferred 
upon  him. 

On  motion  of  Mr.  Colter,  the  Common  Council,  at  8:10  o'clock 
p.  m.,  adi  aimed. 


: 'ik 


C^HUZ^ 


en!. 


^V 


Clerk. 


November  1,  1897.]  city  of  Indianapolis,  ind.  13 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

November  1,  1897. 


The  Common  Council  of  the  City  of  Indianapolis  met  in  the 
Council  Chamber,  Monday  evening,  November  1,  1897, at  8  o'clock, 
in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  18  members,  viz. :  Messrs.  Bernauer, 
Bowser,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins,  Knight, 
Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Scanlon,  Shaffer, 
Smith  and  Von  Spreckelsen. 

Absent,  1 — viz.:     Mr.  Allen. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Rauch  moved  that  the  further  reading  of  the  Journal  be  dis- 
.   pensed  with. 

Which  motion  prevailed. 

REPORTS    FROM    CITY    OFFICERS. 


Communication  from  City  Comptroller: 

Department  of  Finance,  ] 

Office  of  City  Comptroller, 

Indianapolis,  Ind.,  Nov.  1,  1897.  j 
Hon.  John  H.  Mahoney,  President,  and  Members  of  the  Common  Council: 

Gentlemen— By  requests  made  from  various  departments,  which  re- 
quests are  herewith  submitted  to  your  honorable  body  for  inspection,  I 
respectfully  recommend  that  the  following  appropriations  be  made, 
to- wit: 

For  Board  of  Public  Safety. . $13,131.72 

For  Board  of  Public  Works 13,550.00 

For  Board  of  Public  Health  and  Charities 10.1.40 

For  Finance  Department  for  payment  of  extra  clerical  help..  .        250.00 


14  journal  of  common  council.  [Regular  Meeting 

The  specific  items  of  the  above  proposed  appropriations  are  fully  set 
forth  in  the  requests  of  the  different  departments,  and  the  ordinance 
prepared  by  the  City  Attorney,  which  is  herewith  handed  you.  It  will 
be  observed  that  much  the  larger  part  of  these  appropriations  requested 
are  needed  by  reason  of  the  annexation  of  suburban  towns  and  terri- 
tory, which  was  not  anticipated  when  the  general  appropriation  ordi- 
nance for  1897  was  passed. 

Respectfully  submitted, 

E.  M.  Johnson, 

City  Comptroller. 

Department  of  Public  Works,  ) 

Office  of  the  Board, 
Indianapolis,  October  30,  1897.  J 
Mr.  E.  M.  Johnson,  City  Comptroller: 

Dear  Sir — The  Board  directs  me  to  make  to  you  a  statement,  with 
proper  explanations,  of  additional  appropriations  which  this  department 
should  receive  from  the  Common  Council  with  which  to  pay  current 
bills  becoming  due  within  the  present  fiscal  year— ending  December  31, 
1897. 

The  following  is  a  statement  of  additional  appropriations  needed: 

Tomlinson  Hall  accounts $150.00 

Water 4,300.00 

Electric  lights 5,000.00 

Vapor  lights 1,100X0 

City  Hall  accounts 2,000.00 

Erroneous  assessments 1,000.00 

Total $13,550.00 

On  a  separate  sheet,  which  I  attach,  I  have  undertaken  to  explain  to 
you  why  these  additional  appropriations  are  required. 

Very  respectfully, 

Bart  Parker, 
Clerk  Board  Public  Works. 

In  re  additional  appropriations  needed  by  the  Board  of  Public  Works 
to  pay  current  bills  for  the  present  fiscal  year— ending  December  31, 
1897. 

Statement  made  in  connection  with  letter  addressed  to  City  Comptrol- 
ler, dated  October  30,  1897: 

Tomlinson  Hall  Accounts.— The  annual  appropriation  for  "Tomlinson 
Hall  Accounts"  was  made  $2,000.  The  usual  appropriation  heretofore 
given  has  been  $2,500;  $2,000  was  not  sufficient  to  pay  the  current  bills 
for  the  year  in  connection  with  Tomlinson  Hall.  There  has  been  no  un- 
usual expenditures,  but  there  will  be  a  shortage  of  $150. 

Water.— The  Board  of  Public  Works  will  be  called  upon  to  pay  water 
bills  to  the  amount  of  $20,500  by  December  31,  1897.  The  Board  has,  at 
this  time,  to  the  credit  of  the  "Water"  fund  the  sum  of  $16,266.41.  This 
will  make  a  deficiency  of  $4,233.59.  By  reason  of  the  annexation  of  the 
suburbs— Haughville,  Mr.  Jackson  and  West  Indianapolis— the  Board 
will  be  required  to  pay  the  sum  of  $5,987.7(5  for  water  furnished  these 
suburbs  the  present  year.  An  additional  appropriation  will  be  required 
of  $4,300. 

Electric  Lights.— It  will  require  the  sum  of  $23,350.11  to  pay  current 
bills  for  electric  lights  furnished  during  the  remainder  of  the  present 


November  1,  1897.]  city  of  Indianapolis,  ind.  15 

fiscal  year.  The  Board  has  a  balance  in  the  Electric  Light  fund,  at  this 
time,  of  $18,005.49.  This  will  cause  a  deficiency  of  $4,744.02.  Since  the 
annexation  of  the  suburbs,  above  named,  to  the  City  of  Indianapolis, 
and  before  the  expiration  of  the  present  fiscal  year,  the  Board  will  have 
to  spend  the  sum  of  $0,034.97  to  pay  for  electric  lights  furnished 'these 
suburbs.  This  additional  expense  was  not  thought  of  at  the  time  the 
annual  appropriation  for  this  year  was  made.  An  additional  appropria- 
tion will  be  required  of  $5,000. 

Vapor  Lights.— The  Board  has  yet  to  pay  for  vapor  lights  furnished 
the  city  from  September  to  December,  1897,  both  inclusive,  which  will 
amount  to  the  sum  of  $1,520.20.  The  balance  in  the  fund  of  "Vapor 
Lights"  at  this  time  is  $420.40.  This  leaves  a  deficiency  of  $1,093.74. 
An  additional  appropriation  of  $1,100  should  be  made. 

City  Hall  Accounts.— Under  the  provisions  of  the  new  lease  with  the 
County  Commissioners  the  rent  of  the  basement  was  increased  $2,009. 
To  meet  this  increase  will  require  an  appropriation  of  $2,000. 

Erroneous  Assessments.— Under  an  opinion  from  the  City  Attorney 
the  Board  has  made  certain  settlements  with  litigants,  notably  with 
John  Heicl,  paying  him  $298.  Other  demands  will  be  made  on  the  Board 
to  make  settlements  from  this  fund,  and  additional  appropriation  is 
needed  of  $1,000. 

Indianapolis,  November  1,  1897. 
Mr.  E.  M.  Johnson,  City  Comptroller: 

Dear  Sir— The  Board  of  Public  Safety  respectfully  requests  you  to 
recommend  to  the  Common  Council  the  passage  of  an  ordinance  appro- 
priating the  additional  sum  of  $13,131.72  to  the  various  accounts  of  this 
department  as  given  below,  and  for  reasons  as  shown  in  detailed  state- 
ment following: 
Fire  force  pay-roll $3,830.57 

FIRE   FORCE   ACCOUNTS. 

Horse  feed $500.00 

Repairs  to  apparatus 400.00 

Repairs  to  buildings 250.00 

Harness  and  repairs 30.00 

Furniture 150.00 

Fire  alarm  telegraph  department 810.00 

Miscellaneous  supplies 200.00 

Telephone  service 485.23 

EAST   MARKET. 

Cleaning  buildings $75.00 

POLICE   FORCE. 

Police  force  pay-roll $4,824.92 

STATION   HOUSE. 

New  horses $300.00 

Horse  feed 00.00 

Wagon  repairs  and  apparatus 350.00 

Telephone  service 00.00 

Prisoners'  meals 000.00 

Incidental  expenses 200.00 

$13,131.72 

Fire  Force  Pay-Roll.— $3,830.57  additional  is  asked  because  of  in- 
crease in  department  of  two  fire  companies,  with  seven  men,  viz. :    Hose 


16  journal  of  common  council.  [Regular  Meeting 

19  and  Chemical  4,  West  Indianapolis,  in  April  last  The  wages  of  these 
men,  already  paid  to  date,  amount  to  $3,268.64,  and  yet  to  be  paid  for 
the  remaining  months  of  November  and  December,  which  will  amount 
to  $561.93,  making  a  total  of  $3,830.57.  the  amount  required. 

Horse  Feed.— Additional  amount  asked  because  of  extra  horses  to 
feed  on  account  of  new  companies,  by  reason  of  annexed  territory — 
Hose  19  and  Chemical  4,  West  Indianapolis;  Engine  9,  North  Indian- 
apolis; also  horse  for  one  additional  Assistant  Chief  Fire  Engineer. 

Repairs  to  Apparatus. — Increased  number  of  pieces  of  apparatus  in 
department  by  reason  of  annexed  territory,  and  unforeseen  accidents, 
create  a  demand  for  additional  funds  in  this  account. 

Repairs  to  Buildings.— This  increase  is  needed  to  purchase  flooring 
for  the  men  to  put  down,  an  insufficient  amount  having  been  appro- 
priated. 

Harness  and  Repairs.— Additional  fire  houses,  as  stated  above,  have 
increased  the  number  of  teams,  and  consequently  more  harness  and  re- 
pairs to  same  are  needed. 

Furniture.— Blankets  and  comforts  are  paid  for  from  this  account, 
and  new  ones  to  the  amount  asked  for,  $150,  will  be  needed  before  win- 
ter weather  sets  in.  No  appropriation  was  made  to  furnish  Engine 
House  9,  North  Indianapolis,  which  is  another  reason  why  this  account 
is  short. 

Fire  Alarm  Telegraph  Department.— This  amount  is  asked  because  of 
the  following  instruments  and  supplies  needed  in  this  department,  ac- 
count of  increase  in  number  of  engine  houses  by  reason  of  annexed  ter- 
ritory, and  connecting  the  West  Indianapolis  department  with  the  city 
department : 

Twelve  miles  bare  copper  wire $270.00 

Five  miles  insulated  copper  wire 215.00 

Two  oak  cabinet  gongs  for  new  engine  houses 250.00 

Insulated  wire  and  material  for  wiring  same 45.00 

Two  cabinets  for  two  new  houses 16.00 

Two  line  test  sets 20.00 

Miscellaneous  Supplies.— Additional  amount  is  asked  because  of  more 
expense  by  reason  of  new  engine  houses  added,  as  stated  above,  to  de- 
partment account  annexed  territory. 

Telephone  Service.— No  appropriation  was  made  to  pay  for  telephone 
service;  a  new  contract  made  with  the  Central  Union  Company,  after 
the  yearly  appropriation  Avas  made,  stipulates  that  the  city  must  pay 
for  all  telephone  service. 

EAST    MARKET. 

Cleaning  Buildings.— When  the  order  was  issued  to  haul  all  garbage 
to  Sellers  Farm,  the  Board  authorized  the  payment  of  $25  more  on  the 
month  to  the  garbage  hauler  because  of  the  long  distance  to  haul  garb- 
age, which  was  not  contemplated  when  the  appropriation  was  made  in 
September  of  the  previous  year. 

POLICE   PORCE. 

Police  Force  Pay-Roil.— $4,824.92  additional  is  asked  because  of  ne- 
cessity of  giving  police  protection  to  newly  acquired  territory  of  West 
Indianapolis,  Haughville  and  Brightwood.  On  March  30th  last  twenty 
patrolmen  were  added  to  the  police  force,  whose  pay  for  the  nine 
months  of  the  year  would  amount  to  $12,318.80,  but  vacancies  occurred 
from  time  to  time  by  reason  of  death,  removals  and  resignations,  which' 
were  not  filled;  therefore,  the  amount  needed  is  reduced  to  $4,824.92. 


November  1,  1897.]  city  of  Indianapolis,  ind.  17 

New  Horses.— By  reason  of  newly  acquired  territory,  longer  runs  had 
1o  be  made  by  the  patrol  wagon,  and  the  team  used  gave  out,  necessi- 
tating the  purchase  of  a  new  one. 

Horse  Feed.— The  appropriation  for  the  year  was  insufficient,  the 
original  estimate  of  the  Board  of  Public  Safety  being  $550,  and  only 
.$400  was  appropriated. 

Wagon  Repairs  and  Apparatus.— This  amount  is  asked  because  of  the 
necessity  of  purchasing  a  new  and  heavier  patrol  wagon,  which  could 
make  the  long  runs  over  the  rougher  streets  of  the  suburbs  acquired  by 
annexation.  To  this  account  is  also  charged  repairs  to  four  bicycles 
used  by  the  bicycle  corps,  a  new  and  effective  line  of  police  work  intro- 
duced since  the  regular  appropriation  was  made. 

Telephone  Service.— The  amount  of  the  appropriation  was  insufficient, 
it  being  impossible  to  exactly  estimate  how  much  toll  service  would  be 
required  to  detect  criminals  and  giving  information  to  adjoining  cities 
regarding  recovery  of  stolen  goods. 

Prisoners'  Meals.— Additional  amount  asked  because  of  the  building 
of  the  new  Central  Police  Station,  necessitating  the  feeding  of  prisoners 
at  the  county  jail,  and  the  payment  to  the  sheriff  of  40  cents  a  day  for 
prisoners,  instead  of  8  cents  a  meal,  as  heretofore.  One  meal  is  charged 
up  by  the  sheriff  as  a  "day." 

Incidental  Expenses.— Additional  amount  is  asked  because  of  the 
necessity  of  drawing  on  this  fund  to  pay  incidental  expenses  not  con- 
templated when  the  regular  appropriation  was  made,  on  aecount  of  the 
removal  of  police  headquarters  while  the  new  Central  Police  Station 
is  being  constructed. 

After  a  careful  estimate,  the  Board  believes  these  amounts  actually 
necessary  for  the  maintenance  of  the  department  until  January  1,  1898. 

Respectfully  submitted, 

Charles  Maguire, 

Chairman. 

Department  of  Pup>lic  Health  and  Charities,  ) 
City  of  Indianapolis, 

November  1,  1897.  ) 
Mr.  E.  M.  Johnson,  City  Comptroller: 

Dear  Sir— We  respectfully  ask  that  you  recommend  the  following  ap- 
propriation for  telephones: 

City   Hospital $54.40 

City  Dispensary 51.00 

By  order  of  the  Board. 

Respectfully, 

E.  D.  Clark, 

Secretary. 

Which  was  read  and  referred  to  Committee  on  Finance. 

REPORTS,    ETC.,    FROM    STANDING    COMMITTEES. 

Mr  Costello,  on  behalf  of  the  Committee  on  Finance,  to  which 
was  referred : 

App.  O.  No.  19,  1897.  An  ordinance  appropriating  the  sum  of 
$2,876.23  to  pay  election  expenses,  and  fixing  the  time  when  the  same 
shall  take  effect. 


18 


JOURNAL   OF   COMMON   COUNCIL. 


[Regular  Meeting 


Made  the  following  report: 

Indianapolis,  October  28,  1897. 
Mr.  President: 

We,  your  Committee  on  Finance,  to  whom  was  referred  App.  O.  No. 
19,  1897,  Lave  had  the  same  under  consideration,  and  would  recommend 
its  passage. 

Respectfully, 

Jas.  H.  Costello, 
Frank  S.  Clark, 
W.  F.  Smith, 
E.  D.  Moffett, 
Robert  M.  Madden, 
Committee. 
Which  was  read  and  concurred  in. 


Mr.  Clark,  on  behalf  of  the  Committee  on  Public  Safety  and 
Comfort,  to  which  was  referred: 

G.  0.  No.  61, 1897.  An  ordinance  regulating  the  driving  or  taking  of 
cattle,  sheep  and  hogs  through  the  streets,  alleys,  highways  and  public 
places  of  the  City  of  Indianapolis;  providing  a  penalty  and  fixing  a  time 
when  the  same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  November  1,  1897. 
Mr.  President: 

Your  Committee  on  Public  Safety  and  Comfort  beg  leave  to  report 
that  Ave  have  had  G.  O.  No.  61,  1897,  under  consideration,  and  respect- 
fully recommend  that  Section  1  of  said  ordinance  be  amended  as  follows: 

1.  By  substituting  the  word  "six"  for  the  word  "two"  in  line  3, 
page  1. 

2.  By  striking  out  the  words  "and  when  more  than  three  and  less 
than  six  head  of  cattle,  sheep  or  hogs  shall  be  driven  or  taken  along  or 
upon  any  of  such  streets,  alleys,  public  places  or  highways,  there  shall 
be  at  least  three  men  in  attendance,"  the  same  occurring  in  lines  from 
5  to  8  on  said  page. 

3.  By  substituting  the  word  "twelve"  for  the  word  "eleven"  where 
the  same  occurs  in  line  9  on  said  page. 

4.  By  substituting  the  word  "three"  for  the  word  "four' 
same  occurs  in  line  10  on  page  1. 

5.  By  substituting  the  word  "twelve"  for  the  word  "eleven" 
occurs  in  said  line  10.  / 

6.  By  substituting  the  word  "four"  for  the  word  "five"  where  the 
same  occurs  in  line  11  on  page  1. 

7.  By  substituting  the  word  ' 
same  occurs  in  line  12  on  page  1. 

8.  By  substituting  the  word 
same  occurs  in  line  13  on  page  1. 

9.  By  substituting  the  word  "fifty"  for  the  word  "forty"  where  the 
same  occurs  in  said  line  13. 

10.  By  substituting  the  words  "one  hundred"  for  the  words  "seventy- 
five"  in  said  line  13. 

11.  By  substituting  the  word  "six"  for  the  word  "seven"  where  the 
same  occurs  in  line  14  on  page  1. 

12.  By  striking  out  the  words  "than  seventy-five  and  less"  where  the 
same  occur  in  lines  14  and  15  on  page  1. 


where  the 
where  it 


'fifty"  for  the  word  "forty"  where  the 


"five"  for  the  word  "six"   where  the 


November  1,  1897.]  city  of  Indianapolis,  ind.  19 

13.  By  substituting  the  word  "seven"  for  the  word  "eight"  in  line  15 
on  page  1. 

14.  By  striking  out  the  word  "one"  in  line  1  on  page  2  and  substi- 
tuting the  word  "five;"  also  by  striking  out  the  word  "fifty"  in  the  same 
line  and  substituting  the  words  "twenty-five." 

Respectfully, 

Frank  S.  Clark, 
Albert  E.  Rauch, 
•  W.  F.  Smith, 

Committee. 
Which  was  read  and  concurred  in. 

APPROPRIATION    ORDINANCES. 

Under    this  order  of    business,  the    following   ordinance  was 
introduced: 

By  Mr.  Costello : 

App.  O.  No.  20,  1897.  An  ordinance  appropriating  certain  sums  of 
money  to  the  Department  of  Finance,  to  the  Department  of  Public 
Works,  to  the  Department  of  Public  Safety,  and  to  the  Department  of 
Public  Health  and  Charities,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  there  be  and  is  hereby  appropriated  to  the 
various  departments  hereinafter  named  of  said  city,  out  of  any  funds  in 
the  treasury  not  otherwise  appropriated,  tlie  following  sums  of  money 
for  the  use  of  the  said  departments  and  for  the  several  purposes  as 
hereinafter  set  forth,  as  follows,  to-wit: 

TO   THE    DEPARTMENT   OF    FINANCE. 

For  the  payment  of  extra  clerical  help,  Finance  Department,  the  sum 
of  two  hundred  and  fifty  dollars  ($250.00). 

TO   THE   DEPARTMENT   OF   PUBLIC   WORKS. 

1.  For  Tomlinson  Hall  accounts,  the  sum  of  one  hundred  and  fifty 
dollars  ($150.00). 

2.  For  water,  the  sum  of  four  thousand  three  hundred  dollars 
($4,300.00). 

3.  For  electric  lights,  the  sum  of  five  thousand  dollars  ($5,000.00). 

4.  For  vapor  lights,  the  sum  of  one  thousand  one  hundred  dollars 
($1,100.00). 

5.  For  City  Hall  accounts,  the  sum  of  two  thousand  dollars 
($2,000.00). 

6.  For  erroneous  assessments,  the  sum  of  one  thousand  dollars 
($1,000.00). 

TO  THE  DEPARTMENT  OF  PUBLIC  SAFETY. 

1.  For  fire  force  pay-roll,  the  sum  of  three  thousand  eight  hundred 
and  thirty  dollars  and  fifty-seven  cents  ($3,830.57). 

Fire  Force  Account. 

2.  For  horse  feed,  the  sum  of  five  hundred  dollars  ($500.00). 

3.  For  repairs  to  apparatus,  the  sum  of  four  hundred  dollars  ($400.00). 

4.  For  repairs  to  buildings,  the  sum  of  two  hundred  and  fifty  dollars 
($250.00). 


20  journal,  or  common  council.  [Kegular  Meeting 

5.  For  harness  and  repairs,  the  sum  of  thirty  dollars  ($30.00). 

6.  For  furniture,  the  sum  of  one  hundred  and  fifty  dollars  ($150.00). 

7.  For  tire  alarm  telegraph  department,  the  sum  of  eight  hundred 
and  sixteen  dollars  ($816.00). 

8.  For    miscellaneous    supplies,    the    sum    of    two    hundred    dollars 
($200.00). 

9.  For  telephone  service,  the  sum  of  four  hundred  and  eighty-five 
dollars  and  twenty-three  cents  ($485.23). 

East  Market. 

10.  For  cleaning  buildings,  the  sum  of  seventy-five  dollars  ($75,00). 

Police  Force. 

11.  For  police  force  pay-roll,  the  sum  of  four  thousand  eight  hundred 
and  twenty-four  dollars  and  ninety-two  cents  ($4,821.92). 

Station  House. 

12.  For  new  horses,  the  sum  of  three  hundred  dollars  ($300.00). 

13.  For  horse  feed,  the  sum  of  sixty  dollars  ($00.00). 

14.  For  wagon  repairs  and  apparatus,  the  sum  of  three  hundred  and 
fifty  dollars  ($350.00). 

15.  For  telephone  service,  the  sum  of  sixty  dollars  ($00.00). 

10.    For  prisoners'  meals,  the  sum  of  six  hundred  dollars  ($600.00). 
17.    For  incidental  expenses,  the  sum  of  two  hundred  dollars  ($200.00). 

TO   THE   DEPARTMENT  OF   PUBLIC    HEALTH   AND   CHARITIES. 

1.  For  telephones  at  City  Hospital,  the  sum  of  fifty-four  dollars  and 
forty  cents  ($54.40). 

2.  For  telephones  for  City  Dispensary,  the  sum  of  fifty-one  dollars 
($51.00). 

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

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


INTRODUCTION    OF    GENERAL    AND    SPECIAL    ORDINANCES. 

Under  this  order  of  business  the  following  ordinances  were  in- 
troduced : 

By  Mr.  Madden: 

G.  O.  No.  62,  1897.  An  ordinance  to  provide  for  the  appointment  of 
an  Inspector  of  Plumbing  and  House  Drainage,  prescribing  his  qualifi- 
cations, powers  and  duties,  and  to  prescribe  the  mode  and  manner  of 
house  drainage  and  plumbing  in  the  City  of  Indianapolis:  prescribing 
penalties  for  the  violation  thereof;  providing  for  the  publication  thereof, 
and  fixing  the  time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  Board  of  Health  of  the  City  of  Indianap- 
olis is  hereby  authorized  and  empowered  to  appoint  an  Inspector  of 
Plumbing  and  House  Drainage,  who  shall  be  a  practical  plumber,  en- 
gaged in  the  plumbing  business  and  residing  in  the  City  of  Indianapolis, 


November  1  1897.]  city  of  Indianapolis,  ind.  21 

mid  who  shall  be  required  to  pass  an  examination  as  to  his  qualifica- 
tions by  a  board  of  three  practical  plumbers  residing  in  said  city,  said 
board  to  be  selected  by  the  Board  of  Health  of  said  city. 

Sec.  2.  Said  Inspector  shall  serve  until  his  successor  is  appointed  and 
qualified.  The  Mayor  shall  issue  his  certificate  of  appointment,  and  the 
person  named  therein  shall  take  an  oath,  to  be  endorsed  on  said  appoint- 
ment, to  support  the  Constitution  of  the  United  States,  the  Constitution 
of  the  State  of  Indiana,  and  the  City  Charter  of  the  City  of  Indianap- 
olis, and  to  faithfully  and  impartially  discharge  the  duties  of  his  office 
to  the  best  of  his  skill  and  ability,  which  certificate  and  oath  shall  be 
tiled  with  the  City  Clerk,  who  shall  issue  a  certificate  of  same  reciting 
the  fact  and  date  of  appointment,  taking  of  the  oath'  of  office  and  filing 
of  same. 

Such  appointee  shall  thereupon  execute  his  bond  to  said  city  to  the 
approval  of  the  Mayor  in  penalty  of  one  thousand  ($1,000)  dollars,  with 
at  least  two  freehold  sureties,  payable  to  the  City  of  Indianapolis,  and 
conditioned  for  the  faithful  performance  of  all  duties  required  of  incum- 
bent of  said  office,  which  bond,  after  being  so  approved,  shall  be  filed 
Avith  the  City  Comptroller,  who  shall  make  a  true  copy  thereof  and  file 
the  same  with  the  City  Clerk,  whereupon  a  commission  shall  be  issued 
to  said  Inspector  of  Plumbing  and  House  Drainage,  signed  by  such 
Mayor  and  attested  by  the  City  Clerk  under  seal  of  the  city. 

Sec.  3.  The  salary  of  such  Inspector  shall  be  twelve  hundred  ($1,200) 
dollars  per  year,  payable  quarterly  out  of  the  funds  of  said  city,  at  the 
same  time  and  in  the  same  manner  that  the  elective  officers  of  said  city 
are  paid,  and  he  shall  not  receive  any  other  pay,  reward  or  emoluments 
whatever;  nor  shall  he,  while  holding  such  office,  be  the  beneficiary  of 
any  contract  for  plumbing  or  house  drainage;  nor  sell  any  material,  or 
perform  any  labor  in  connection  with  any  plumbing  or  house  drainage 
of  said  city. 

Sec.  4.  Any  person,  firm  or  corporation  desiring  to  engage  in  the 
business  of  plumbing  or  house  drainage  in  the  City  of  Indianapolis,  shall 
first  comply  with  the  registration  requirements  of  the  Board  of  Public 
Health  and  Charities. 

Sec.  5.  Whoever  desires  to  erect,  alter  or  construct  any  building  or 
structure  in  which  a  system  of  plumbing  or  house  drainage  is  to  be 
placed,  changed,  altered  or  repaired,  or  who  desires  to  place,  change, 
alter  or  repair  any  system  of  plumbing  or  house  drainage  already  exist- 
ing in  any  building  or  structure,  shall  present  to  the  Board  of  Health, 
upon  blanks  furnished  by  the  Board  of  Public  Health  and  Charities,  a 
written  statement  of  the  exact  location  of  the  building  In  which  pro- 
posed work  is  to  be  done,  the  estimated  cost  thereof,  and  the  exact  loca- 
tion of  all  fixtures  and  vents,  together  with  the  kind  of  the  same,  which 
statement  shall  be  made  in  duplicate,  one  copy  to  be  retained  by  the 
Board  of  Health,  and  the  other  returned  to  the  applicant  endorsed  "ac- 
cepted" or  "rejected." 

If  the  Plumbing  Inspector  shall  decide  that  all  the  requirements  of 
this  ordinance  are  complied  with  in  the  application  above  mentioned, 
he  shall  mark  the  application  "accepted;"  if  otherwise,  it  shall  be 
marked  "rejected"  and  the  cause  of  rejection  shall  be  stated  in  writing. 

Upon  presentation  to  the  City  Comptroller  of  an  application  endorsed 
"accepted"  by  the  Plumbing  Inspector,  and  the  payment  of  the  fees 
herein  provided,  he  shall  issue  a  permit  to  perform  such  plumbing  or 
house  drainage. 

Sec.  0.  All  permits  for  plumbing  or  house  drainage  shall  be  issued 
by  the  City  Comptroller,  after  approval  by  the  Board  of  Health.  The 
fee  for  issuing  permits  shall  be  according  to  the  estimated  cost  or  value 


22  journal  of  common  council.  [Kegular  Meeting 

of  improvement  of  plumbing  or  house  drainage,  at  the  rate  of  one  dol- 
lar and  fifty  cents  ($1.50)  for  the  first  two  hundred  ($200)  dollars,  or 
fractional  part  thereof,  and  fifty  cents  for  every  additional  one  hundred 
($100)  dollars,  or  fractional  part  thereof,  which  fees  shall  be  paid  to  the 
City  Comptroller  when  the  permit  is  issued.  Each  permit  shall  state 
specifically  the  name  of  the  applicant,  number  of  application  and  date 
of  issue.  Where  additional  fixtures  are  required  after  the  permit  is 
issued,  and  do  not  require  an  extra  inspection,  no  fee  shall  be  charged, 
except  where  the  additional  fixture  or  fixtures  brings  the  contract  price 
above  the  limit  for  which  the  permit  is  issued,  in  which  case  an  extra 
amount  must  be  paid,  and  where  such  additional  fixtures  require  an 
additional  dnspection,  an  additional  fee  of  fifty  cents  shall  be  charged 
for  each  subsequent  inspection. 

Sec.  7.  The  Inspector  shall  visit  and  inspect  the  work  under  contract 
during  the  process  of  same.  An  inspection  in  every  case  shall  include 
an  inspection  of  the  sewer  to  the  property  line,  and  if  the  aforesaid 
work  is  approved  a  certificate  of  inspection  shall  be  delivered  to  the 
plumber. 

Sec.  S.  All  plumbing  and  house  drainage  hereafter  done  and  per- 
formed in  the  City  of  Indianapolis  shall  be  in  accordance  with  the  rules 
and  regulations  prescribed  in  this  ordinance,  and  shall  require  a  permit, 
except  in  case  of  repair  work  which  does  not  require  a  change  of  pipe 
line  or  fixtures.  No  fixture  shall  be  replaced  unless  it  is  one  that  is 
constructed  as  required  by  the  rules  of  the  Board  of  Health  and  the 
ordinances  of  the  city:  Provided,  That  this  does  not  apply  to  water 
pipes.  The  Plumbing  Inspector  is  empowered  to  examine  and  inspect 
all  plumbing  within  the  City  of  Indianapolis,  and  whenever  such  plumb- 
ing shall  be  found  defective  it  shall  be  the  duty  of  the  owner  or  lessee  of 
such  building  to  place  the  same  in  proper  sanitary  condition,  after  rea- 
sonable notice  from  the  Board  of  Health. 

Sec.  9.  Every  public  building,  block,  factory  or  workshop  erected  on 
the  line  of  any  public  sewer  shall  be  connected  therewith,  so  that  all 
sewerage  shall  be  drained  from  such  building  to  such  sewer,  and  made 
to  comply  with  this  ordinance.  If  not  on  the  line  of  such  sewer  the 
same  shall  be  provided  with  a  sufficient  cesspool  according  to  the  law 
governing  the  same.  All  connections  between  house  and  sewer  at  prop- 
erty line  shall  be  by  hard  glazed  earthenware  pipe  of  not  less  than  six 
inches  in  diameter,  run  at  a  uniform  grade  of  not  less  than  one-fourth 
inch  per  foot.  All  joints  must  be  made  water-tight  with  hydraulic 
cement,  and  the  different  pipe  sections  laid  in  perfect  line  on  bottom 
and  sides.  Notice  shall  be  sent  to  the  Inspector  when  any  sewer  or 
drain  pipe  is  ready  for  inspection,  and  shall  not  be  covered  until  it  has 
been  examined  and  pronounced  satisfactory. 

Sec.  10.  Drain,  main,  waste  and  soil  pipes,  through  which  water  and 
sewerage  are  carried,  shall  be  of  iron  when  within  a  building,  sound 
and  free  from  all  defects,  and  not  less  than  two  inches  in  diameter. 
The  same  shall  be  supplied  with  an  accessible  clean-out  not  less  than 
two  inches  in  diameter,  and  not  more  than  eighteen  inches  inside  the 
foundation  wall  of  the  building  when  in  horizontal  position,  and  one  at 
the  foot  of  each  vertical  line.  The  fall  shall  not  be  less  than  one-fourth 
of  an  inch  to  the  foot  toward  the  drain  or  sewer.  Soil  pipes  shall  be 
carried  out  through  the  roof,  undiminished  in  size,  to  a  height  sufficient 
so  that  the  escape  will  not  be  injurious  to  the  health  of  occupants  of 
adjacent  buildings.  Changes  in  directions  shall  be  made  with  regular 
fittings,  and  connections  with  horizontal  soil  pipes  hy  sanitary  branches. 
Such  soil  pipes  shall  be  of  standard  extra  heavy  make,  not  less  than 
five  pounds  per  foot  for  two-inch  diameter,  nine  pounds  for  three-inch, 


November  1,  1897.]  city  of  Indianapolis,  ind.  23 

twelve  and  one-half  pounds  for  four-inch,  sixteen  and  one-half  pounds 
for  five-inch,  and  nineteen  and  one-half  pounds  for  six-inch.  Wrought 
iron  pipes  with  sanitary  cast  iron  fittings  must  be  used  in  the  wrought 
iron  pipe  system  of  plumbing,  and  said  pipes  to  be  especially  well  tarred 
inside,  to  be  of  standard  weight  and  to  conform  in  size  with  the  drain, 
waste  and  soil  pipes  as  provided  for  in  Section  10  of  this  ordinance,  and 
the  main  soil  pipes  shall  in  all  cases  extend  at  least  three  feet  outside 
the  foundation  walls. 

Sec.  11.  Rain  water  leaders,  when  within  a  building,  shall  be  of 
wrought  iron  or  extra  heavy  cast  iron  pipes,  where  connected  with 
drain,  waste  or  soil  pipes,  and  shall  be  suitably  trapped. 

Sec.  12.  Sewer  soil  pipe  or  waste  pipe  ventilators  shall  not  be  con- 
structed of  brick,  earthenware  or  sheet  metals;  and  chimney  flues  shall 
not  be  used  as  such  ventilators. 

Sec.  13.  No  person  shall  locate  or  cause  to  be  located  any  water 
closet  in  any  sleeping  room,  or  in  any  room,  apartment  or  vault  which 
is  not  in  direct  communication  with  the  external  air  by  means  of  a  win- 
dow or  air  space  having  an  area  of  at  least  four  square  feet  for  the 
admission  of  light  and  fresh  air. 

Sec.  14.  Iron  pipes,  before  being  placed  inside  of  any  building,  shall 
be  coated  inside  with  coal  tar  pitch,  applied  hot.  Joints  shall  be  thor- 
oughly caulked  with  pitched  oakum,  and  run  with  molten  lead  and 
made  tight  by  hand  caulking  the  lead.  Connections  of  lead  pipes  with 
iron  shall  be  made  of  lead  or  brass  ferrules,  or  brass  solder  nipples, 
properly  spidered  and  caulked,  or  screwed  to  the  iron  pipe.  All  joints 
where  solder  is  used  must  be  wiped. 

Sec.  15.  The  use  of  wooden  wash  trays  or  sinks  is  strictly  prohibited. 
They  shall  be  of  non-absorbent  material. 

Sec.  16.  Every  sink  basin,  bath  tub,  water  closet,  slop  hopper,  and 
each  set  of  trays,  and  every  fixture  having  a  waste  pipe,  shall  be  fur- 
nished with  a  trap,  placed  as  near  as  practicable  to  the  fixture  it  serves. 
Traps  shall  be  protected  from  siphonage  or  air  pressure  by  special  air 
pipes  of  a  size  not  less  than  the  waste  pipes;  and  where  cast  iron  is  used 
it  shall  be  standard  extra  heavy.  Each  vent  shall  have  a  trap  screw  or 
union  coupling  wiped  into  it  not  over  six  inches  above  the  pipe  and  trap 
connections.  Vent  pipes  shall  be  either  of  galvanized  wrought  iron, 
lead  or  cast  iron,  and  of  the  following  sizes:  Vent  pipes  outside  of 
water  closets  shall  not  be  less  than  one  and  one-fourth  inches  for 
twenty  feet;  one  and  one-half  inches  for  fifteen  additional  feet,  two 
inches  for  forty  additional  feet,  and  three  inches  for  sixty  additional 
feet.  Where  two  fixtures  connect  into  one  vent,  such  connection  shall 
be  not  less  than  one  and  one-half-inch  pipe;  if  three  or  more,  two-inch 
pipe.  Air  pipes  for  water  closet  traps  shall  be  not  less  than  two-inch 
bore  for  forty  feet  or  less,  and  three  inches  for  over  forty  feet.  Air 
pipes  shall  run  as  direct  as  possible,  and  in  all  cases  rise  above  the  fix- 
ture. Vent  pipes  shall  extend  at  least  one  foot  above  the  roof  gable,  or 
be  connected  with  the  main  soil  pipe  above  the  line  of  the  highest  fix- 
ture. Where  the  vent  pipe  runs  separately  through  the  roof  gable,  it 
shall  be  increased  to  two  inches  at  least  eighteen  inches  below  the  roof. 
Whenever  practicable,  all  pipes  and  traps  shall  be  so  left  that  they  may 
at  all  times  be  readily  examined  and  repaired.  Where  they  are  neces- 
sarily placed  in  positions  or  recesses  in  walls  they  shall  be  covered  with 
face-boards  fastened  with  screws,  so  as  to  be  readily  removed. 

Sec.  17.  Drip  or  overflow  from  safes  under  water  closets  or  other 
fixtures,  or  from  tanks  or  cisterns,  shall  be  run  to  some  place  in  open 
sight,  and  in  no  case  shall  any  such  pipe  be  connected  directly  with  the 
drain,  waste  or  soil  pipe. 


24  journal  of  common  council.  [Regular  Meeting 

Sec.  18.  Waste  pipes  for  refrigerators,  or  other  receptacles  for  the 
storage  of  edibles,  may  be  run  into  a  water-supplied  sink;  but  shall  not 
be  connected  with  the  drain,  soil  or  waste  pipe. 

Sec.  11).  Every  water  closet  or  line  of  closets  on  the  same  floor  shall 
be  supplied  with  water  from  a  tank  or  cistern  through  a  flushing  pipe 
or  pipes  not  less  than  one  and  one-fourth  inches  in  diameter.  The  plac- 
ing of  a  copper  pan  closet,  or  plunger  closet,  in  any  building  is  expressly 
prohibited. 

Sec.  20.  Pipes  and  other  fixtures  shall  not  be  concealed  until  after 
the  examination  by  the  Inspector,  who  shall  be  notified  by  the  plumber 
desiring  the  inspection  when  the  work  is  sufficiently  advanced,  and 
make  the  same  within  twenty  working  hours  after  receiving  such  notice. 

Sec.  21.  All  soil,  waste  and  vent  pipes  shall  be  made  water-tight,  to 
be  proved  by  the  plumber  performing  the  work,  by  closing  the  outlet 
and  tilling  the  pipe  with  water  to  the  highest, point,  and  leaving  the 
same  filled  for  thirty  minutes,  which  test  shall  be  made  in  the  presence 
of  the  Inspector,  and  the  work  shall  not  be  used  until  approved  by  him: 
Provided,  That  whenever  it  shall  be  impracticable  to  make  the  test  witli 
water,  then  the  same  shall  be  made  with  air  until  the  pressure  thereof 
equals  fifteen  pounds  per  square  inch,  measured  by  mercury  gauge,  said 
mercury  to  stand  on  the  gauge  fifteen  minutes  without  a  drop. 

Sec.  22.  No  steam  or  blow-off  pipe  from  a  steam  boiler  shall  be  al- 
lowed to  connect  with  any  soil  or  waste  pipe,  or  directly  with  any  house 
drain. 

Sec.  23.  A  grease  trap  shall  be  constructed  under  the  sink  of  every 
hotel,  eating  house,  boarding  house,  restaurant,  or  other  public  cooking 
establishment,  to  the  satisfaction  of  the  Inspector. 

Sec.  21.  Water  closets  must  be  connected  with  drain  by  means  of 
brass  flanges,  soldered  to  the  lead  bend  or  lead  ferrules. 

Putty  or  rubber  flanges  may  be  used  in  setting  same.  Where  Durham 
system  is  used,  closets  may  be  set  on  regular  iron  floor  flanges. 

Sec.  25.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to 
erect,  construct  or  alter,  or  perform  any  labor  at  plumbing  or  house 
drainage,  within  the  City  of  Indianapolis,  without  having  first  secured 
the  proper  permit  provided  for  in  this  ordinance. 

Sec.  26.  The  use  of  traps  without  vent  pipes  will  be  permitted  to 
connect  direct  in  barber  shops,  bar  rooms  or  in  other  such  similar  places 
where  ventilating  pipes  would  be  impracticable,  if  they  are  provided 
with  a  mercury  or  anti-siphon  vent. 

Sec.  27.  The  Plumbing  Inspector  shall  be  empowered  to  make  any 
rules  or  regulations  he  may  deem  necessary  for  the  proper  enforcement 
of  this  ordinance,  provided  said  rules  or  regulations  are  approved  by  the 
Board  of  Health. 

Sec.  28.  The  applicant  for  permit  to  do  plumbing  or  house  drainage 
shall,  in  all  cases,  have  the  right  to  appeal  from  the  decision  of  the 
Plumbing  Inspector  to  the  Board  of  Health. 

Sec.  29.  The  Plumbing  Inspector  shall  not  be  connected,  directly  or 
indirectly,  with  any  plumbing  firm  or  business  establishment. 

Sec.  30.  These  regulations  shall  be  subject  to  alteration  at  any  time, 
and  all  existing  regulations  or  parts  thereof  inconsistent  with  these 
regulations  are  hereby  repealed. 

Sec.  31.  Any  person  violating  any  of  the  provisions  of  this  ordinance 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding  one 
hundred  ($100)  dollars. 


November  1,  1897.]  city  of  Indianapolis,  rND.  25 

Sec.  32.  This  ordinance  shall  he  in  full  force  from  and  after  its  pas- 
sage and  publication  for  one  day  each  week  for  two  consecutive  weeks  in 
The  Sim,  a  daily  newspaper  of  general  circulation,  printed  and  published 

in  the  City  of  Indianapolis. 

Foregoing  ordinance  approved  by  the  Board  of  Health  and  Charities 
October  27,  1897. 

By  order  of  the  Hoard. 

E.  D.  Clark, 

Secretary. 

Which  was  read  a  first  time  and  referred  to  Committee  on  Pub- 
lic Health. 

'  By  Mr.  Costello  (by  request): 

G.  O.  No.  G3,  18D7.  An  ordinance  prohibiting  persons  under  fifteen 
years  of  age  on  the  streets,  alleys  or  public  places  in  the  City  of  Indian- 
apolis, Indiana,  at  night  after  the  hour  of  nine  o'clock  p.  m.,  from 
March  1st  to  August  .Hist,  inclusive,  of  each  year,  and  from  September 
1st  to  the  last  day  of  February,  inclusive,  of  each  year,  after  the  hour 
of  eight  p.  m.,  and  prescribing  penalties  for  the  violation  thereof. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  it  is  hereby  made  unlawful  for  any  person  un- 
der fifteen  years  of  age  to  be  or  remain  in  or  upon  any  of  the  streets,  al- 
■  leys  or  public  places  in  the  City  of  Indianapolis,  at  night  after  the  hour 
of  nine  o'clock  p.  m.,  from  March  1st  to  August  31st,  inclusive,  of  each 
year,  and  from  September  1st  to  the  last  day  of  February,  inclusive,  of 
each  year,  after  the  hour  of  eight  o'clock  p.  m.,  unless  such  person  is 
accompanied  by  a  parent,  guardian  or  other  person  having  the  legal 
custody  of  such  minor  person,  or  is  in  performance  of  an  errand  or  duty 
directed  by  such  parent,  guardian  or  other  person  having  the  care  and 
custody  of  such  minor  person,  or  whose  employment  makes  it  necessary 
to  be  upon  said  streets,  alleys  or  public  places  during  the  night  time 
after  said  specified  hours.  %Any  person  violating  the  provisions  of  this 
section  shall,  on  conviction,  be  fined  in  any  sum  not  to  exceed  five  dol- 
lars for  each  offense,  and  to  stand  committed  until  such  fine  and  costs 
are  paid. 

Sec.  2.  It  is  hereby  made  unlawful  for  any  person,  guardian  or  other 
person  having  the  legal  care  and  custody  of  any  person  under  fifteen 
years  of  age.  to  allow  or  permit  any  such  child,  ward  or  other  person 
under  such  age,  while  in  his  legal  custody,  to  go  or  be  in  or  upon  any  of 
the  streets,  alle'ys  or  public  places  in  said  city  within  the  time  prohib- 
ited in  Section  1  of  this  ordinance,  unless  there  exists  a  reasonable 
necessity  therefor.  Any  person  violating  the  provisions  of  this  section 
shall,  on  conviction,  be  fined  in  any  sum  not  less  than  one  dollar  nor 
more  than  ten  dollars  for  each  offense,  and  stand  committed  until  such 
fine  and  costs  are  paid. 

Sec.  3.  Each  member  of  the  police  force,  while  on  duty,  is  hereby 
authorized  to  arrest,  without  warrant,  any  person  willfully  violating 
the  provisions  of  Section  1  of  this  ordinance,  and  retain  such  person  for 
a  reasonable  time  in  which  complaint  can  be  made  and  a  warrant  issued 
and  served.  Be  it  further  ordained,  That  no  child  or  minor  person  ar- 
rested under  the  provisions  of  this  ordinance  shall  be  placed  in  confine- 
ment until  they  have  first  been  taken  home  to  ascertain  the  parent's 
wishes,  and  the  parents  shall  have  refused  to  be  held  responsible  for  the 
observance  of  the  provisions  of  this  ordinance  by  said  minor  person. 


26  journal  of  common  council.  [Kegular  Meeting 

Sec.  4.  It  shall  be  the  duty  of  the  Police  Judge,  upou  the  arrest  of 
any  child  or  minor  person  where  the  parents  or  guardians  have  refused 
to  become  responsible  for  said  minor  person  for  violation  of  the  pro- 
visions of  Section  1  of  this  ordinance,  to  inquire  into  the  facts  of  said 
arrest  and  the  condition  and  circumstances  of  such  child  or  minor  per- 
son, and  if  it  shall  appear  that  such  child  or  minor  person,  for  want  of 
proper  parental  care,  is  growing  up  in  mendicancy  or  vagrancy,  or  is 
incorrigible,  cause  the  proper  proceedings  to  be  had  and  taken  as 
authorized  and  provided  by  law  in  such  cases. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  publication  according  to  law. 

With  the  following  petition: 

Indianapolis,  Inu.,  October  20,  1897. 

To  the  Hon.  Mayor  and  City  Council  of  Indianapolis: 

Gentlemen— Our  attention  has  been  called  to  a  municipal  ordinance 
known  as  the  curfew,  for  restricting  the  presence  of  children  and  youths 
on  the  streets  of  cities,  towns  and  villages  after  nightfall,  and  its  adop- 
tion by  the  City  Councils  of  Kansas  City  and  St.  Joseph,  Mo.,  Omaha 
and  Lincoln,  Neb.,  Denver  and  Pueblo,  Col.,  Des  Moines,  la.,  Quiney, 
111.,  Dallas,  Tex.,  and  scores  of  other  places,  with  the  result  that*  there 
has  been  a  decrease  of  fifty  and  seventy-five  per  cent,  in  arrests  and 
commitments  of  boys  and  girls  to  station-houses  and  reform  schools. 
We  understand  that  an  ordinance  is  now  pending  before  the  City  Coun- 
cil of  Indianapolis  for  the  laudable  purpose  of  securing  to  the  youth  of 
Indianapolis  the  same  results.  The  ordinance  not  only  lessens  our  crim- 
inal classes  of  youths,  and  a  saving  in  taxes,  but  improves  youth  so- 
cially and  morally,  and  guarantees  a  better  type  of  citizenship.  We 
therefore  request  that  your  honorable  body  enact  and  enforce  the  said 
ordinance. 

Very  respectfully, 
James  A.  Mount;  F.  J.  Scholz,  Treasurer  of  State;  A.  C.  Daily, 
Auditor  of  State;  D.  M.  Geeting,  Superintendent  Public  In- 
struction; Alex.  Hess,  Clerk  Supreme  Court;  Charles  F. 
Kennedy,  Secretary  Board  of  Agriculture;  W.  E.  English; 
Brown-Ketcham  Iron  Works,  William  R.  Brown;  The  Na- 
tional Malleable  Castings  Co.,  by  Charles  E.  Brooks,  As- 
sistant Treasurer;  Evans  Linseed  Oil  Works,  by  Edw.  D. 
Evans,  Assistant  Manager;  Parry  Manufacturing  Co.,  S.  C. 
Parry,  Sr.;  E.  C.  Atkins  &  Co.,  E.  C.  Atkins,  President;  Eli 
Lilly  &  Co.,  J.  K.  Lilly;  Western  Furniture  Co.,  W.  L.  Hage- 
dorn,  President;  Carlon  &  Hollenbeck;  Henry  Russe,  Presi- 
dent of  School  Board,  City;  C.  E.  Haugh,  Sentinel  Printing 
Co.;  C.  G.  Stewart,  Managing  Editor  Sentinel;  J.  C.  Peters; 
Capital  National  Bank;  Rev.  M.  L.  Haines;  M.  V.  McGil- 
liard;  Pettis  Dry  Goods  Co.,  by  George  A.  Gay,  Manager; 
J.  P.  Frenzel, President  Indiana  Trust  Co.;  Fletcher's  Bank; 
Albert  Sahin;  Pleasant  Bond;  W.  D.  Owen,  Secretary  of 
State;  William  B.  Burford,  State  Printer;  Miles  William 
Burford;  Haugh-Noelke  Iron  Works;  The  Bo  wen-Merrill 
Co.;  David  K.  Goss,  Superintendent  Schools;  J.  C.  Perry  & 
Co.,  per  A.  T.  P.;  Hogan  Transfer  and  Storage  Co.,  William 
J.  Hogan,  Manager;  Van  Camp  Hardware  and  Iron  Co., 
Cortland  Van  Camp,  President;  H.  C.  Knode  &  Co.,  Whole- 
sale Liquors,  W.  P.  K.;  Indianapolis  Harness  Co.,  E.  A. 


November  1,  1897.]  city,  of  Indianapolis,  ind.  27 

Hendrickson;  D.  P.  Erwin  &  Co.;  Tanner  &  Sullivan;  John 
L.  Moore;  Griffith  Bros.;  Capital  Paper:  Co.,  per  L.  R.  Kahn; 
W.  H.  Smith;  Indiana  Rubber  Co.,  W.  S.  J.,  Secretary; 
Hide,  Leather  and  Belting  Co.,  Snider;  Hayes  «fc  Ready;  A. 
Keifer  Drug  Co.,  H.  C.  G.  Bals,  Secretary;  C.  C.  Hatfield, 
for  The  Indianapolis  District  Telephone  Co.;  E.  G.  Brown- 
ing, City  Librarian;  William  Laurie  &  Co.;  Charles  W. 
Moores;  P.  A.  TV.  Davis;  Charles  Kahlo;  C.  S.  Denny;  John 
P.  Wallick,  Superintendent  Western  Union  Telegraph  Co.; 
L.  S.  Ayres  &  Co.,  by  P.  M.  Ayres,  President;  Charles 
Mayer  &  Co.;  Kingan  &  Co.,  Ltd.;  Wm.  H.  Block  Co.;  V.  T. 
Maiott,  The  Indiana  National  Bank;  Kramer  Manufactur- 
ing Co.,  Andrew  Kramer,  President;  Merchants'  National 
Bank,  by  O.  N.  Frenzel;  C.  E.  Thornton;  Indianapolis  Foun- 
dry Co.,' P.  W.  Lewis,  President;  Carter,  Lee  &  Co.;  P.  H. 
McNelis;  J.  W.  Connaty,  Master  Mechanic  I.,  D.  &  W.  Ry.; 
George  W.  Stubbs;  George  A.  Dickson;  A.  W.  Peterson; 
Henry  W.  Lawrence,  Bates  House;  James  P.  Quigley; 
Joseph  A.  Milburn;  H.  H.  Hanna,  per  I.  II.  C. 

Which  was  read  a  first  time  and  referred  to  Committee  on  Pub- 
lic Morals. 

By  Mr.  Von  Spreckelsen: 

G.  O.  No.  64,  1897.  An  ordinance  changing  the  name  of  Webster 
street  to  East  New  York  street,  and  also  changing  the  name  of  a  part  of 
East  New  York  street  to  Marlowe  avenue,  repealing  all  ordinances  and 
parts  of  ordinances  in  conflict  therewith,  and  declaring  an  emergency. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  street  now  known  as  Webster  street  in 
said  city,  which  extends  east  from  Dorman  street  to  North  Oriental 
street,  shall  be  hereafter  known  and  styled  as  East  New  York  street. 

Sec.  2.  Be  it  further  ordained,  That  that  part  of  East  New  York 
street  which  extends  east  from  Preston  street  to  North  Oriental  street 
shall  hereafter  be  known  and  styled  as  Marlowe  avenue. 

Sec.  3.  All  ordinances  and  parts  of  ordinances  in  conflict  with  the 
provisions  of  this  ordinance  are  hereby  repealed. 

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

Which  was  read  a  first  time  and  referred  to  Committee  on  Sew- 
ers, Streets  and  Alleys. 

By  Mr.  Higgins: 

G.  O.  No.  G5,  1897.  An  ordinance  regulating  the  keeping  or  standing 
of  garbage  wagons  in  the  City  of  Indianapolis,  fixing  a  penalty  for  the 
violation  thereof,  and  fixing  the  time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  it  shall  be  unlawful  for  any  person,  firm  or 
corporation  engaged  in  the  business  of  hauling  or  removing  garbage 
within  or  from  the  City  of  Indianapolis  to  keep  or  leave  standing  at 
any  one  time  more  than  three  of  the  garbage  wagons  used  for  such 
purpos^  at  any  one  place  in  said  city,  whether  said  wagons  be  at  the 


28  journal  or  common  council.  [Regular  Meeting 

time  loaded  \or  unloaded.  Any  person  violating  any  of  the  provisions  of 
this  section  shall,  upon  conviction  thereof,  be  fined  in  any  sum  not 
greater  than  fifty  dollars. 

Sec.  2.  This  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  publication  one  day  each  week  for  two  consecutive 
weeks  in  The  Sun,  a  newspaper  of  general  circulation,  printed  and  pub- 
lished in  said  city. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Health. 

By  Mr.  Crall: 

G.  O.  No.  66,  1897.  An  ordinance  prohibiting  the  burning  of  weeds, 
leaves,  trash  or  other  substances  on  the  streets,  alleys,  sidewalks  or 
public  grounds  of  the  City  of  Indianapolis. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  it  shall  be  unlawful  for  any  person  to  set  fire 
to  or  cause  to  be  burned,  on  any  street,  alley,  sidewalk  or  public  grounds 
or  in  any  park  of  said  city,  any  weeds,  grass,  leaves,  trash  or  other 
combustible  substance,  and  any  person  violating  the  provisions  of  this 
section  shall  be  fined  in  any  sum  not  less  than  one  or  more  than  twenty 
dollars. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  publication,  once  each  week  for  two  consecutive  weeks,  in  The 
Sun,  a  newspaper  having  a  general  circulation  in  said  city. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Health. 


ORDINANCES    ON    SECOND    READING. 

On  motion  of  Mr.  Costello,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

App.  O.  No.  19,  1897.  An  ordinance  appropriating  the  sum  of 
$2,876.23  to  pay  election  expenses,  and  fixing  the  time  when  the  same 
shall  take  effect. 

And  was  passed  by  the  following  vote: 

Ayes,  19 — viz:'  Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall' 
Harston,  Higgins,  Knight,  Madden,  Merrick,  Moflett,  McGrew,  Kauch> 
Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 

On  motion  of  Mr.  Clark,  the  following  entitled  ordinance  was 
taken  up  and  read  a  second  time: 

G.  0.  No.  61,  1897.  An  ordinance  regulating  the  driving  or  taking  of 
cattle,  sheep  and  hogs  through  the  streets,  alleys,  highways  and  public 
places  of  the  City  of  Indianapolis;  providing  a  penalty  and  fixing  a  time 
when  the  same  shall  take  effect. 


November  1,  1897.] 


CITY    OF    INDIANAPOLIS,    INI). 


L>!> 


Mr.  Clark  moved  that  the  amendment  to  G.  0.  No.  61,  1897, 
as  recommended  by  the  Committee  on  Public  Safety  and  Com- 
fort, be  adopted. 

Which  motion  prevailed. 

On  motion  of  Mr.  Clark,  G.  0.  No.  61,  1S97,  was  then  ordered 
engrossed  as  amended,  and  read  a  third  time. 

And  was  passed  by  the  following  vote: 

Ayes,  19 — viz :  Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall, 
Harston,  Higgins,  Knight,  Madden,  Merrick,  Moftett,  McGrew,  Rauch, 
Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 

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


President. 


Tty  Clerk. 


^November  8,  1897.]  city  of  Indianapolis,  ind.  31 


SPECIAL  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

November  8,  1897.  ) 

The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  November  8,  1897,  at  8 
o'clock,  in  special  sesssion,  pursuant  to  the  following  call: 

Executive  Department,  ) 

City  of  Indianapolis,         [ 

October  27,  1897.  j 

To  the  President  and  Members  of  the  Common  Council  of  the  City  of  Indian- 
apolis: 

Gentlemen— On  October  2G,  1897,  Thomas  J.  Montgomery,  represent- 
ing the  citizens  of  Indianapolis  in  your  honorable  body  as  Councilman- 
at-Large,  resigned,  and,  as  required  by  law,  I  hereby  call  a  special  meet- 
ing of  the  Common  Council  of  the  City  of  Indianapolis,  to  be  held  in  the 
Council  Chamber,  at  8  o'clock  p.  in.,  on  Monday,  November  8,  1897,  for 
the  purpose  of  electing  a  Councilman-at-Large  to  fill  the  vacancy  occa- 
sioned by  the  resignation  of  the  said  Thomas  J.  Montgomery. 

T.  Taggart, 

Mayor. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  19  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins, 
Knight,  Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Scanlon, 
Shaffer,  Smith  and  Von  Spreckelsen. 

Absent — None. 


reports,  etc.,  from  city  officers. 

Communication  from  City  Clerk: 

Office  of  City  Clerk, 
Indianapolis,  Ind.,  November  8,  1897. 

To  the  President  and  Members  of  the  Common  Council: 

Gentlemen — As  required  by  law,  I  notified  the  members  of  the  Com- 
mon Council,  October  28,  1897,  that  there  would  be  a  special  meeting  of 
the  Common  Council  on  the  8th  day  of  November,  1897,  at  8  o'clock 


32  journal  or  common  council.  [Special  Meeting 

p.  m.,  for  the  purpose  of  electing  a  Councilman-at-Large  to  fill  the 
vacancy  occasioned  by  the  resignation  of  Thomas  J.  Montgomery.  The 
law  requires  that  the  City  Clerk  notify  the  members  of  said  Council  of 
such  meeting  ten  days  before  an  election  for  a  Councilman-at-Large  to 
fill  a  vacancy  in  the  Common  Council.  The  law  also  requires  the  City 
Clerk  to  have  a  notice  of  the  same  published  in  a  daily  newspaper  of 
general  circulation  five  days  before  said  meeting,  a  copy  of  which  I 
herewith  submit. 

Chas.  H.  Stuckmeyer, 

City  Clerk. 

NOTICE    OF    ELECTION    OF    A    COUNCILMAN-AT-LARGE. 

State  of  Indiana,  Marion  County,  { 
City  of  Indianapolis,  ) 

I,  Charles  H.  Stuckmeyer,  Clerk  of  the  City  of  Indianapolis,  hereby 
certify  that  there  will  be  a  special  meeting  of  the  Common  Council  of 
the  City  of  Indianapolis  on  Monday,  November  8,  1897,  at  8  o'clock  p.  m., 
for  the  purpose  of  electing  a  Councilman-at-Large  to  fill  the  vacancy 
caused  by  the  resignation  of  Thomas  J.  Montgomery.  Election  to  be 
held  subject  to  the  following  call: 

Executive  Department,  ] 

City  of  Indianapolis,         J- 
October  27,  1897. ) 
To  the  President  and  Members  of  the  Common  Council  of  the  City  of  Indian- 
apolis: 

Gentlemen— On  October  26,  1897,  Thomas  J.  Montgomery,  represent- 
ing the  citizens  of  Indianapolis  in  your  honorable  body  as  Councilman- 
at-Large,  resigned,  and,  as  required  by  law,  I  hereby  call  a  special  meet- 
ing of  the  Common  Council  of  the  City  of  Indianapolis,  to  be  held  in  the 
Council  Chamber,  at  8  o'clock  p.  m.,  on  Monday,  November  8,  1897,  for 
the  purpose  of  electing  a  Councilman-at-Large  to  fill  the  vacancy  occa- 
sioned by  the  resignation  of  the  said  Thomas  J.  Montgomery- 

T.  Taggart, 

Mayor. 

Witness  my  hand  and  official  seal  this  2d  day  of  November,  1897, 

[seal.]  Chas.  H.  Stuckmeyer, 

City  Clerk. 

(editor's  affidavit.) 

State  of  Indiana,  ) 
Marion  County,  }  : 
Personally  appeared  before  the  undersigned  Henry  D.  White,  who, 
being  duly  sworn,  says  that  he  is  advertising  clerk  of  the  Indianapolis 
Sentinel,  a  public  daily  newspaper  of  general  circulation,  printed  and 
published  in  the  City  of  Indianapolis,  in  the  county  aforesaid,  and  upon 
his  oath  further  saith  that  the  notice,  of  which  the  attached  is  a  true 
copy,  was  duly  published  in  said  paper  for  two  times  successively,  the 
first  of  which  publication  was  on  the  3d  day  of  November,  and  the  last 
publication  was  on  the  4th  day  of  November,  1897. 

Henry  D.  Winte. 
Subscribed  and  sworn  to  before  me,  this  5th  day  of  November,  1897. 

James  M.  Swan, 

Notary  Public. 


November  8,  1897.]  city  of  Indianapolis,  ind.  33 

Which  was  read  and  ordered  spread  on  the  minutes. 

President  Mahoney  announced  that  nominations  for  Council- 
man-at-Large  were  in  order. 

Whereupon  Mr.  Higgins  placed  in  nomination  Mr.  Edward  W. 
Little  for  Councilman-at-Large,  which  nomination  was  seconded 
by  Mr.  Harston. 

Mr.  Scanlon  placed  in  nomination  Mr.  Joseph  J.  Bauer,  which 
nomination  was  seconded  by  Mr.  Rauch  and  Mr.  Clark. 

Mr.  Von  Spreckelsen  placed  in  nomination  Mr.  Robert  N.  Arm- 
strong. 

Mr.  McGrew  placed  in  nomination  Mr.  Charles  M.  Dickson, 
which  nomination  was  seconded  by  Mr.  Bowser. 

Mr.  Von  Spreckelsen  withdrew  the  name  of  Robert  N.  Arm- 
strong. 

Mr.  Madden  moved  that  the  Council  adjourn. 

Which  motion  prevailed  by  the  following  vote: 

Ayes,  11 — viz.:  Messrs.  Bernauer,  Harston,  Higgins,  Knight,  Madden, 
Merrick,  Mofiett,  McGrew,  Smith,  Von  Spreckelsen  and  President  Ma- 
honey. 

Nays,  9 — viz.:  Messrs.  Allen,  Bowser,  Clark,  Colter,  Costello,  Crall, 
Rauch,  Scanlon  and  Shaffer. 


Council  adjourned  at  8:25  o'clock,  p.  m. 
Attest:       „  si  / 


President. 


'     y       '    i^l^C€<>S^^^^AJJity  Clerk. 


November  15,  1897.]  city  of  Indianapolis,  ind.  35 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

November  15,  1897. 


The  Common  Council  of  the  City  of  Indianapolis  met  in  the 
Council  Chamber,  Monday  evening,  November  15,  1897,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  17  members,  viz.:  Messrs.  Allen,  Ber- 
nauer,  Bowser,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins, 
Knight,  Madden,  Moffett,  McGrew,  Scanlon,  Shaffer,  Smith  and 
Von  Spreckelsen. 

Absent,  2 — viz.:     Messrs.  Merrick  and  Rauch. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Bernauer  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

communications,  etc,  from  mayor. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department, 

City  of  Indianapolis, 

November  11,  1897 

Hon.  John  II.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir— I  have  this  day  approved  General  Ordinance  No.  Gl,  1897, 
the  same  being  an  ordinance  regulating  the  driving  of  stock  through 
the  streets,  etc.,  of  the  city. 

Respectfully, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


36  journal  of  common  council.  [Regular  Meeting 

His  Honor,  the  Mayor,  presented  the  following  communication: 

Executive  Department,  ) 

City  of  Indianapolis, 

November  15,  1897.  J 

Hon,  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir— I  respectfully  refer  to  you  the  within  communication  ad- 
dressed to  me  by  the  Secretary  of  the  "League  of  American  Municipali- 
ties" and  some  printed  matter  in  connection  therewith.  Will  you  kindly 
have  the  proper  consideration  given  to  the  same?  Whatever  action  may 
be  taken  by  the  Council  in  any  way  needing  my  assistance,  it  will  be 
cheerfully  given. 

Respectfully, 

T.  Taggart, 

Mayor. 

League  of  American  Municipalities.     ] 
Office  of  the  Secretary, 

New  York,  Nov.  4,  1897.  ) 

Hon.  Thomas  Taggart,  Mayor,  Indianapolis,  Ind.: 

Dear  Sir— I  beg  to  acknowledge  receipt  of  your  favor  of  November  2d, 
and  enclose  you  herewith  a  copy  of  the  invitation  Avhich  was  recently 
sent  out  by  the  Executive  Committee  to  the  various  municipalities.  I 
also  send  you  a  copy  of  the  Constitution,  as  well  as  a  clipping  of  the 
resolution  which  was  recently  passed  by  the  Board  of  Aldermen  of  New 
York  City,  making  Greater  New  York  a  member  of  the  "League."  So 
far,  about  one  hundred  of  the  largest  municipalities  have  joined  the 
League  of  American  Municipalities,  and  its  success  is  assured.  We  would 
feel,  however,  that  our  membership  was  incomplete  without  the  City  of 
Indianapolis.  I  trust  that  you  will  present  this  matter  to  your  Council 
at  the  earliest  possible  moment.  Permit  me  to  thank  you,  in  behalf  of 
the  "League,"  for  your  very  kind  wishes  for  its  success. 

Trusting  to  hear  from  you  soon,  I  beg  to  remain, 

Yours  very  respectfully, 

B.  F.  Gilkison, 

Secretary. 

Which  was  read  and  referred  to  Committee  on  Judiciary. 


reports  from  city  officers. 


Communication  from  City  Attorney: 

City  of  Indianapolis,  ) 

Office  of  the  Department  of  Law,  [- 

November  12,  1897.       J 

Hon,  John  H.  Mahoney,  President  of  the  Common  Council: 

I  have  been  asked  for  an  opinion  touching  the  eligibility  of  Edward 
W.  Little  to  election  as  a  member  of  the  Common  Council  to  rill  a 
vacancy  occasioned  by  the  resignation  of  Thomas  J.  Montgomery. 

From  the  facts  as  presented  to  me,  it  appears  that  Mr.  Little  is  a  resi- 
dent and  voter  of  the  city,  and  the  only  question  as  to  his  eligibility 
grows  out  of  the  fact  that  he  is  surety  on  the  bonds  of  one  or  more  per- 
sons who  have  made  contracts  with  the  Board  of  Public  Works  for 
street  or  other  improvements,  which  contracts  are  either  not  entirely 


November  15,  1897.]         city  of  Indianapolis,  tnd.  oi 

performed,  or  are  continuing  for  a  term  of  years,  under  stipulations 
contained  therein  that  the  work  performed  thereunder  shall  be  kept  in 
repair  for  a  given  period. 

It  is  urged,  I  understand,  that  Mr.  Little  is  ineligible  by  reason  of  the 
provisions  of  Section  7  of  the  charter,  which  reads  as  follows: 

"  No  member  of  the  Council,  nor  any  other  officer,  clerk  or  deputy,  or 
employe  of  such  city,  shall  either  directly  or  indirectly  be  a  party  to,  or 
in  any  manner  interested  in  any  contract  or  agreement,  either  with  such 
city  or  for  any  matter,  cause  or  thing,  or  by  which  any  liability  or  in- 
debtedness is  in  any  way  or  manner  created  or  passed  upon,  authorized 
or  approved  by  said  Council  or  either  of  them,  or  by  any  officer,  board, 
clerk,  deputy  or  employe  of  such  city.  Any  contract  in  contravention 
of  the  foregoing  provisions  shall  be  absolutely  void.  Whoever  shall 
knowingly  violate  the  provisions  of  this  section  shall  be  fined  not  more 
than  $1,000,  to  which  may  be  added  imprisonment  for  any  period  not 
exceeding  one  year." 

The  question,  then,  is  whether,  by  reason  of  this  statutory  provision 
and  the  facts  stated,  Mr.  Little  is  rendered  incapable  of  holding  the 
office  of  Councilman-at-Large. 

The  right  of  eligibility  to  office  belongs  equally  to  all  persons  whom- 
soever not  excluded  by  constitutional  or  legislative  provisions. 
19  Am.  and  Eng.  Encp.  398. 
Barker  vs.  People,  3  Cowan  (N.  Y.)  686. 

In  the  case  last  cited  it  was  said: 

"Eligibility  to  office  is  not  declared  as  a  right  or  principle  by  any  ex- 
press terms  of  the  Constitution,  but  it  results  from  a  just  deduction 
from  the  express  powers  and  provisions  of  the  system.  The  basis  of  the 
principle  is  the  absolute  liberty  of  the  electors  and  the  appointing  au- 
thorities to  choose  and  to  appoint  any  person  who  is  not  made  ineligible 
by  the  Constitution." 

That  decision  applied  to  an  office  provided  for  by  the  Constitution. 
A  mere  legislative  office— that  is,  one  created  by  the  State  Legislature- 
is  subject  to  be  controlled  and  regulated  by  legislative  act,  and  an  act 
of  the  Legislature  making  certain  persons  ineligible  to  fill  any  legisla- 
tive office  would  unquestionably  be  valid. 

But  to  disqualify  any  citizen  from  holding  an  office  created  by  the 
Legislature,  there  must  be  some  constitutional  or  legislative  prohibition. 

As  was  said  by  the  Supreme  Court  of  Kansas: 

"As  the  people  with  respect  to  certain  offices  have  seen  fit  by  express 
constitutional  provisions  to  restrict  their  freedom  of  choice,  it  is  a  fair 
inference  that,  where  the  Constitution  is  silent,  they  intended  no  re- 
striction." 

Wright  vs.  Noell,  16  Kan.  601. 
.  The  same  might  be  said  as  to  offices  of  legislative  creation.    Where 
certain  qualifications  are  required  by  express  enactment  to  render  one 
capable  of  holding  an  office,  it  may  be  fairly  inferred  that  no  other  re- 
strictions should  be  placed  upon  the  subject. 

McCarthy  vs.  Froelke,  63  Ind.  507,  was  a  case  where  Froelke,  who 
while  a  voter  of  the  township,  was  not  a  citizen  of  the  United  States, 
had  been  elected  to  the  office  of  township  trustee.  His  election  was 
contested  on  the  ground  that,  not  being  a  citizen,  he  was  ineligible  to 
hold  the  office. 

The  Supreme  Court,  after  noting  the  constitutional  requirement  that 
the  Governor  and  Lieutenant-Governor,  Senators  and  Congressmen 
must  be  citizens  of  the  United  States,  and  the  provision  concerning 
county  officers,  says: 

"If  the  framers  of  the  Constitution  had  intended  to  require  the  same 
degree  of  eligibility  for  a  county  office  that  they  declared  necessary  for 


38  journal  of  common  council.  [Regular  Meeting 

the  office  of  Governor,  Lieutenant-Governor,  Senator  and  Representa- 
tive, they  would  doubtless  have  so  declared  in  plain  terms.  *  *  *  We 
must  hold  that  an  elector  of  the  county,  having  the  other  necessary 
qualifications,  is  eligible  to  a  county  office,  although  he  may  not  be  a 
citizen  of  the  United  States.  We  can  find  no  provision,  either  in  the 
Constitution  or  the  statutes  prescribing  the  eligibility  necessary  to  hold 
the  office  of  township  trustee;  Ave  must  therefore  look  to  other  pro- 
visions and  their  fair  interpretations  to  settle  the  question  before  us. 
Under  the  Constitution,  it  is  clear  that  the  contestee  was  eligible  to  any 
county  office,  and  we  think  it  would  be  illogical  to  hold  that  a  township 
office,  which  is  of  lesser  magnitude,  should  require  a  higher  degree  of 
eligibility  than  a  county  office."  The  contestee  was  awarded  the  office. 
It  will  be  observed  that  in  this  case,  when  the  question  of  eligibility 
was  presented  to  the  Supreme  Court,  that  tribunal  at  once  turned  to  the 
Constitution  and  statutes  to  ascertain  what  was  there  provided  as  to  the 
eligibility  of  persons  to  hold  the  office  in  question. 

Keeping  in  mind  these  general  principles,  let  us  look  to  the  Constitu- 
tion of  the  State  to  ascertain  the  provisions  of  that  instrument  apply- 
ing to  the  case  in  hand.  There  are  three,  and  only  three,  general  pro- 
visions bearing  on  the  question. 

In  Article  2  it  is  provided: 

"Sec.  G.  That  every  person  shall  be  disqualified  for  holding  office 
during  the  term  for  which  he  may  have  been  elected  who  shall  have 
given  or  offered  a  bribe,  threat  or  reward  to  secure  his  election. 

"Sec.  7.  Every  person  who  shall  give  or  accept  a  challenge  to  fight  a 
duel,  or  who  shall  knowingly  carry  to  another  person  such  challenge,  or 
who  shall  agree  to  go  out  of  the  State  to  fight  a  duel,  shall  be  ineligible 
to  any  office  of  trust  or  profit." 

"Sec.  10.  No  person  who  may  hereafter  be  a  collector  or  holder  of 
public  moneys  shall  be  eligible  to  any  office  of  trust  or  profit  until  he 
shall  have  accounted  for,"  etc. 

Section  8  of  the  same  article  authorizes  the  General  Assembly  to 
render  ineligible  any  person  convicted  of  an  infamous  crime,  and  the 
next  section  prohibits  the  holding  of  more  than  one  lucrative  office  by 
any  person  at  the  same  time. 

The  above  are  the  constitutional  prohibitions.  Let  us  now  turn  to 
the  statute  creating  the  office  of  Councilman-at-Large  and  ascertain  the 
qualifications  for  such  office  fixed  therein. 

Section  11  of  the  charter  provides  that  "The  whole  city  shall  elect  six 
Councilmen-at-Large,"  etc. 

Section  12  provides  that  "No  person  shall  hold  the  office  of  Council- 
man-at-Large unless  he  is  a  resident  and  voter  of  said  city." 

This  is  the  sole  prohibition  of  the  statute. 

Section  7  of  the  charter,  which  I  have  already  quoted  in  full,  does 
not  deal  with  the  question  of  eligibility  of  men  to  become  members  of 
the  Council.  It  deals  with  the  duties  of  men  who  are  already  members 
of  that  body.  It  does  not  prohibit  certain  men  from  'becoming  Council- 
men,  but,  prohibits  all  Councilmen  who  have  theretofore  been  elected  or 
appointed  from  being  a  party  to  or  interested  in  any  contract  with 
the  city. 

It  emphasizes  this  prohibition  in  two  ways— first,  by  declaring  the 
contract  void,  and  second,  by  punishing  the  member  of  the  Council  who 
violates  its  provisions. 

The  contract  it  declares  void  is  not  that  entered  into  by  an  individual 
before  he  became  a  Councilman,  but  the  contract  entered  into  after  he 
becomes  a  member  of  that  body. 

The  punishment  provided  for  is  not  denounced  against  the  man  who 
becomes  surety  on  a  bond  to  the  city,  and  afterwards  becomes  a  Coun- 
cilman, but  against  the  member  who,  after  he  is  elected  and  qualified, 
enters  into  or  becomes  interested  in  a  contract  with  the  municipality. 


November  15,  1897.]  city  of  Indianapolis,  ind.  39 

It  would  be  absurd  to  say  that  a  man  who  is  surety  on  a  bond  exe- 
cuted to  the  city  could  be  convicted  and  fined  and  imprisoned  because 
he  became  a  Councilman  by  election  or  appointment  while  the  bond  was 
still  in  force.  Of  course,  the  execution  of  the  bond  long  prior  to  his 
election  or  appointment  would  not  be  a  crime,  so  that  if  he  were  con- 
victed at  all  it  would  be  for  becoming  a  Councilman  while  the  bond  was 
yet  in  force. 

This  provision  of  the  charter  is  by  no  means  new.  A  similar  statute, 
applying  to  all  the  cities  in  the  State,  has  been  in  force  since  1867  (Sec. 
3104,  1  Horner's  Stat.),  and  in  the  statutes  of  nearly  every  State  arc  to 
be  found  provisions  almost  identical.  The  books  are  full  of  cases  con- 
struing these  statutes,  but,  after  a  very  thorough  examination,  I  have 
not  been  able  to  find  one  wherein  it  was  claimed  that  the  provisions 
referred  to  had  any  reference  whatever  to  the  eligibility  of  the  mem- 
bers of  the  Council. 

Section  2049,  Horner's  Statutes,  makes  it  a  penitentiary  offense  for 
any  State  officer,  County  Commissioner,  Township  or  Town  Trustee, 
Mayor,  Common  Councilman  of  any  city,  etc.,  to  be  interested  directly 
or  indirectly  in  any  contract  for  the  construction  of  any  State  house, 
court  house,  school  house,  bridge,  public  building,  or  work  of  any  kind, 
erected  or  built  for  the  use  of  the  State  or  any  county,  township,  town 
or  city  in  the  State  in  which  he  exercises  any  official  jurisdiction. 

Let  us  suppose  that,  prior  to  his  election,  Governor  Mount  had  become 
surety  on  the  bond  of  some  contractor  who  was  engaged  in  public  work 
of  the  kind  described,  and  had  been  unable  to  secure  his  release  before 
the  day  fixed  by  the  Constitution  for  his  inauguration  as  Governor. 
According  to  the  theory  urged  here  by  some,  he  would  have  had  pre- 
sented the  alternative  of  giving  up  the  office  of  Governor  or  going  to 
the  penitentiary. 

As  has  been  already  suggested,  the  general  law  of  the  State  on  this 
subject,  which  has  been  in  force  more  than  thirty  years  (Sec.  3104 
supra),  is  in  substantially  the  same  language  as  the  section  of  the  char- 
ter under  consideration.    The  first  clause  of  Section  3104  is  as  follows: 

"No  member  of  the  Common  Council  or  other  officer  of  such  city 
shall,  directly  or  indirectly,  be  a  party  to,  or  in  any  manner  interested 
in,  any  contract  or  agreement  with  such  city  for  any  matter,  cause  or 
thing,  by  which  any  liability  or  indebtedness  is  in  any  way  or  manner 
created  against  such  city;  and  if  any  contract  should  be  made  in  contra- 
vention of  the  foregoing  provisions,  the  same  shall  be  null  and  void." 

It  will  be  seen  that  the  prohibition  of  this  section  as  to  Councilmen 
and  other  officers  being  interested  in  contracts  with  the  city  is  precisely 
the  same  as  that  of  Section  7  of  the  charter. 

The  Supreme  Court  of  the  State  has  been  called  upon  to  construe 
Section  3104  several  times  in  cases  where  contracts  have  been  entered 
into  between  city  officers  and  the  city,  during  the  terms  of  office  of  the 
former,  and,  while  the  contract  was  uniformly  held  void,  there  was  in 
no  case  a  suggestion  that  the  violation  of  this  section  of  itself  operated 
to  vacate  the  office  or  in  any  wise  affect  the  status  of  the  officer,  and 
this  for  the' reason  that  the  prohibition  is  directed  against  the  validity 
of  such  contracts. 

The  purpose  of  this  and  similar  statutes  has  been  over  and  over  again 
declared  by  the  highest  courts  of  the  country  to  be  to  prevent  a  city 
officer  from  reaping  any  advantage  his  position  may  give,  or  from  spec- 
ulating while  in  office  at  the  expense  of  the  municipality,  or  from  mak- 
ing the  business  of  the  city  an  object  or  source  of  pecuniary  profit  to 
himself.  In  no  case  which  lias  come  under  my  observation  has  any 
attempt  been  made  to  apply  such  a  statute  to  the  eligibility  of  a  person 
to  hold  office. 


40  journal,  of  common  council.  [Regular  Meeting 

I  do  not  deal  with  questions  submitted  to  me  from  any  standpoint 
save  that  of  the  law,  and  I  will  state,  as  a  proposition  of  law,  that  there 
is  nothing  in  any  of  the  bonds  on  which  Mr.  Little  is  surety  that  would 
in  any  way  interfere  with  the  proper  discharge  of  his  duties  as  a  mem- 
ber of  the  Council.  These  bonds  are  to  secure  contracts  made  with  the 
Board  of  Public  Works,  and  any  liability  accruing  on  the  same  would 
have  to  be  enforced  by  that  board.  The  Council  could  not  release  him 
from  liability,  nor  in  any  way  interfere  with  the  enforcement  thereof. 

My  investigation  of  the  question  presented  compels  the  conclusion 
that  there  is  no  legal  obstacle  to  Mr.  Little's  election,  and  that  he  is 
entirely  eligible,  under  the  Constitution  and  statutes,  to  hold  the  office 
of  Councilman-at-Large. 

Respectfully  submitted, 

John  W.  Kern, 

City  Attorney. 

Which  was  read  and  ordered  spread  on  the  minutes. 

REPORTS,    ETC.,    FROM    STANDING    COMMITTEES. 

Mr.  Costello,  on  behalf  of  the  Committee  on  Finance,  to  which 
was  referred : 

App.  O.  No.  20,  1897.  An  ordinance  appropriating  certain  sums  of 
money  to  the  Department  of  Finance,  to  the  Department  of  Public 
Works,  to  the  Department  of  Public  Safety,  and  to  the  Department  of 
Public  Health  and  Charities,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Made  the  following  report: 

Indianapolis,  November  15,  1897. 
Mr.  President'. 

Your  Committee  on  Finance,  to  whom  was  referred  App.  O.  No.  20, 
1897,  have  had  the  same  under  consideration,  and  recommend  its  pas- 
sage. 

Respectfully, 

Jas.  H.  Costello, 
Frank  S.  Clark, 

E.  D.  MOFFETT, 

Jno.  H.  Mahoney, 
W.  F.  Smith, 
Robert  M.  Madden, 
Committee. 
Which  was  read  and  concurred  in. 

introduction  of  general  and  special  ordinances. 

Under  this  order  of  business  the  following  ordinances  were  in- 
troduced: 

By  Mr.  Von  Spreckelsen: 

G.  O.  No.  67,  1897.  An  ordinance  establishing  the  location  of  a  mar- 
ket for  hay.  and  cereals  in  the  City  of  Indianapolis,  providing  for  the 
weighing  of  the  same  by  the  City  Weighmaster,  prescribing  a  penalty 
for  the  violation  of  the  said  ordinance,  and  repealing  all  ordinances  in 
conflict  therewith. 


November  15,  1897.]  city  of  Indianapolis,  ind.  4:1 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, That  fhe  city  market  for  the  sale  of  hay,  cereals  and  other 

farm  products  is  hereby  located  and  established  on  lots  ,  ,  . 

at  The  corner  of  Pine  and  Washington  streets,  in  said  city,  which  said 
market  shall  have  located  thereupon  the  city  public  scales  to  be  used  in 
weighing  all  farm  products  and  other  commodities  to  be  sold  on  said 
market  or  at  other  places  in  said  city;  said  market  and  scales  to  be  in 
the  care  and  custody  of  the  City  Weighmaster,  according  to  the  ordi- 
nances of  said  city  now  in  force. 

Sec.  2.  It  shall  be  unlawful  for  any  person  or  persons  to  sell  or  offer 
or  expose  for  sale  on  said  market  or  at  any  other  place  in  said  city  any 
hay,  cereals  or  other  farm  products  or  commodities  from  wagons,  ex- 
cept wheat  and  oats,  without  having  first  Aveighed  the  same  upon  said 
city  public  scales  'and  received  from  the  City  Weighmaster  a  certificate 
of  the  correct  weight  of  the  same. 

Sec.  3.  All  ordinances  or  parts  of  ordinances  in  conflict  herewith  are 
hereby  repealed. 

Sec.  4.  This  ordinance  shall  be  in  force  from  and  after  the  first  day 
of  January,  1898,  after  having  been  theretofore  published  two  weeks 
consecutively  in  The  Indianapolis  Sun. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Property  and  Improvements. 

By  Mr.  Shaffer: 

G.  O.  No.  68,  1807.  An  ordinance  requiring  street  railroad  companies 
to  provide  electric  alarm  bells  on  their  cars  for  the  use,  convenience 
and  safety  of  passengers. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  every  street  railroad  company  operating  a 
line  or  lines  of  street  railway  in  said  city  shall  provide  on  each  car  an 
electric  alarm  bell  for  the  use  of  passengers  thereon,  with  not  less  than 
ten  electrical  connections  therewith  on  each  side  of  such  cars  as  have 
only  two  seats  therein  extending  lengthwise  through  the  same,  which 
connections  shall  be  so  made  and  arranged  that  the  passengers  may, 
by  pressing  a  button  which  shall  be  a  part  of  each  of  such  connections, 
ring  the  said  alarm  bell  and  thereby  notify  the  conductor  or  other  per- 
son having  charge  of  any  such  cars  that  the  person  so  ringing  the  said 
bell  desires  to  leave  the  car  at  the  next  street  crossing,  said  button  to 
be  similar  in  design  to  those  usually  on  elevators,  and  usually  connected 
with  other  electric  call  bells;  and  that  on  all  cars  having  seats  arranged 
across  the  same,  one  behind  the  other,  there  shall  be  not  less  than  two 
of  such  connections  and  buttons  on  the  back  of  each  of  such  seats  ex- 
cept the  one  in  the  rear,  and  two  in  front  of  the  front  seat,  so  that  the 
passengers  occupying  any  of  such  seats  may  without  inconvenience 
reach  the  same  and  by  pressing  thereon  sound  said  alarm  bell. 

Sec.  2.  That  when  any  passenger  on  any  street  car  shall,  by  pressing 
upon  any  of  such  buttons  attached  to  said  electrical  appliances,  cause 
the  bell  mentioned  in  the  preceding  section  to  ring,  it  shall  be  the  duty 
of  the  conductor  or  other  person  having  charge  of  said  car  to  cause  such 
car  to  be  stopped  at  the  next  street  crossing  reached  by  such  car,  with- 
out any  further  notice  or  request,  provided  that  such  'bell  shall  have 
been  rung  before  such  car  has  reached  a  point  within  one  hundred  feet 
of  such  crossing. 

Sec.  3.  Any  person  on  such  car  who  shall  ring  or  cause  to  be  rung 
any  such  alarm  bell  as  herein  described  for  the  purpose  of  annoying 
the  conductor  or  other  person  in  charge  of  any  such  car,  or  for  any  other 


4:2  journal  of  common  council.  [Regular  Meeting 

purpose  than  of  giving  notice  in  good  faith  that  he  or  she  desires  to 
leave  such  car  at  the  next  crossing,  shall,  on  conviction  therefor,  he 
fined  in  any  sum  not  less  than  one  nor  more  than  twenty  dollars. 

Sec.  4.  Any  conductor  on  any  street  car  who  shall  fail  to  stop  said 
car  at  the  next  crossing,  after  any  passenger  has  caused  the  alarm  bell 
mentioned  herein  to  ring,  as  hereinbefore  provided,  at  a  point  more 
than  one  hundred  feet  distant  from  such  crossing,  shall,  upon  convic- 
tion therefor,  be  fined  in  any  sum  not  less  than  one  nor  more  than 
twenty  dollars. 

Sec.  5.  It  shall  be  unlawful,  after  the  taking  effect  of  this  ordinance, 
for  any  street  car  company  to  run  or  operate  upon  any  of  the  streets  of 
said  city  any  car  for  the  transportation  of  passengers  which  is  not  pro- 
vided with  the  alarm  bell  and  the  appliances  and  buttons  herein  pro- 
vided for;  and  any  conductor  or  other  person  having  charge  of  any 
such  car,  which  is  not  provided  with  such  bell,  appliances  and  buttons, 
who  shall  demand  or  receive  or  attempt  to  collect  fares  from  passen- 
gers on  any  such  car  shall,  upon  conviction,  be  fined  in  any  sum  not  less 
than  five  nor  more  than  fifty  dollars. 

Sec.  6.    This  ordinance  shall  take  effect  on  the day  of , 

1897,  after  it  shall  have  been  published  in  The  Sun,  a  daily  newspaper 
having  general  circulation  in  said  city,  once  each  week  for  two  con- 
secutive weeks. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Safety  and  Comfort. 

MISCELLANEOUS   BUSINESS. 

The  following  communication  was  received  from  the  Board  of 

School  Commissioners: 

Board  of  School  Commissioners,  ) 

Secretary's  Office, 

Indianapolis,  Ind.,  Nov.  8, 1897. 

Thomas  Taggart,  Mayor  of  the  City  of  Indianapolis  : 

John  H.  Mahoney,  Chairman  Common  Council  City  of  Indianapolis  : 

Gentlemen— Herewith  I  hand  your  honorable  body  the  following  reso- 
lution of  the  Board  of  School  Commissioners  of  the  City  of  Indianap- 
olis, which  was  had  on  Friday,  November  5,  1897: 

Resolved,  It  is  the  sense  of  the  Board  of  School  Commissioners  of  the 
City  of  Indianapolis  that  the  so-called  "curfew  law"  now  in  operation  in 
other  cities  be  fully  indorsed  by  this  board,  and  that  the  Common  Coun- 
cil of  this  city  take  such  steps  looking  toward  the  enactment  of  such  an 
ordinance,  to  be  enforced  throughout  the  City  of  Indianapolis. 

Very  respectfully, 

Frank  L.  Reissner, 
Ass't  Secretary  Board  of  School  Commissioners. 

Which  was  read  and  referred  to  Committee  on  Public  Morals. 

Mr.  Bernauer  offered  the  following  resolution : 

Whereas,  A  vacancy  exists  on  the  Committee  on  Rules,  by  reason  of 
the  resignation  of  Mr.  T.  J.  Montgomery,  and  it  being  desirous  that  a 
code  of  rules  be  adopted  as  early  as  possible  for  the  government  of  this 
Council; 'therefore,  be  it 


November  15,  1897.]  city  of  Indianapolis,  ind.  43 

Resolved,  That  the  President  at  once  proceed  to  fill  said  vacancy,  and 
that  the  Committee  on  Rules  be  ordered  to  report  at  as  early  a  date  as 
possible. 

Which  was  read  and,  on  motion  of  Mr.  Bernauer,  adopted  by 
the  following  vote: 

Ayes,  18 — viz. :  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Costello, 
Crall,  Harston,  Higgins,  Knight,  Madden,  Moffett,  McGrew,  Scanlon, 
Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 

And  President  Mahoney  appointed  Mr.  Harston  as  member  of 
the  Committee  on  Rules,  in  compliance  with  above  resolution. 


ORDINANCES    ON    SECOND    READING. 

On  motion  of  Mr.  Costello,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

App.  O.  No.  20,  1897.  An  ordinance  appropriating  certain  sums  of 
money  to  the  Department  of  Finance,  to  the  Department  of  Public 
Works,  to  the  Department  of  Public  Safety,  and  to  the  Department  of 
Public  Health  and  Charities,  and  fixing  the  time  when  the  same  shall 
take  effect. 

And  was  passed  by  the  following  vote: 

Ayes,  18— viz. :  Messrs.  Allen,  Bernauer,  Bowser, Clark,  Colter,  Costello, 
Crall,  Harston,  Higgins,  Knight,  Madden,  Moftett,  McGrew,  Scanlon, 
Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays— None. 

On  motion  of  Mr.  Clark,  the  Common  Council,  at  8:25  o'clock 
p.  m.,  adjourned. 


President. 


C^c^UA^a 


ty  Clerk. 


November  22,  1897.]        city  of  Indianapolis,  ind. 


45 


SPECIAL  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

November  22,  1897. 


The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  November  22,  1897,  at  8 
o'clock,  in  special  sesssion,  pursuant  to  the  following  call: 

Executive  Department,  ) 

City  of  Indianapolis, 

November  9,  1897.  J 

To  the  President  and  Members  of  the  Common  Council  of  the  City  of  Indian- 
apolis: 

Gentlemen— On  October  20,  1897,  Thomas  J.  Montgomery,  represent- 
ing the  citizens  of  Indianapolis  in  your  honorable  body  as  Councilinan- 
at-Large,  resigned,  and,  as  required  by  law,  I  hereby  call  a  special  meet- 
ing of  the  Common  Council  of  the  City  of  Indianapolis,  to  be  held  in  the 
Council  Chamber,  at  8  o'clock  p.  m.,  on  Monday,  November  22,  1897,  for 
the  purpose  of  electing  a  Councilman-at-Large  to  fill  the  vacancy  occa- 
sioned by  the  resignation  of  the  said  Thomas  J.  Montgomery. 

Thomas  Taggart, 

Mayor. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  18  members,  viz.:  Messrs.  Allen, 
Bernauer,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins, 
Knight,  Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Scanlon, 
Shaffer,  Smith  and  Von  Spreckelsen. 

Absent,  1 — viz.:   Mr.  Bowser. 


reports,  etc.,  from  city  officers. 

Communication  from  City  Clerk: 

Office  of  City  Clerk, 
Indianapolis,  Ind.,  November  22,  1897. 

To  the  President  and  Members  of  the  Common  Council: 

Gentlemen — As  required  by  law,  I  notified  the  members  of  the  Com- 
mon Council,  November  10, 1897,  that  there  would  be  a  special  meeting  of 
the  Common  Council  on  the  22d  day  of  November,  1897,  at  8  o'clock 


4:6  journal  of  common  council.  [Special  Meeting 

p.  m.,  for  the  purpose  of  electing  a  Councilinan-at-Large  to  fill  the 
vacancy  occasioned  by  the  resignation  of  Thomas  J.  Montgomery.  The 
law  requires  that  the  City  Clerk  notify  the  members  of  said  Council  of 
such  meeting  ten  days  before  an  election  for  a  Councilman-at-Large  to 
fill  a  vacancy  in  the  Common  Council.  The  law  also  requires  the  City 
Clerk  to  have  a  notice  of  the  same  published  in  a  daily  newspaper  of 
general  circulation  five  days  before  said  meeting,  a  copy  of  which  I 
herewith  submit. 

Chas.  H.  Stuckmeyer, 

City  Clerk. 

NOTICE    OF    ELECTION    OF    A    COUNCILMAN-AT-LARGE. 


ss: 


State  of  Indiana,  Marion  County,  j 
City  of  Indianapolis,  } 

I,  Charles  H.  Stuckmeyer,  Clerk  of  the  City  of  Indianapolis,  hereby 
certify  that  there  will  be  a  special  meeting  of  the  Common  Council  of 
the  City  of  Indianapolis  on  Monday,  November  22, 1897,  at  8  o'clock  p.  m., 
for  the  purpose  of  electing  a  Councilman-at-Large  to  fill  the  vacancy 
caused  by  the  resignation  of  Thomas  J.  Montgomery.  Election  to  be 
held  subject  to  the  following  call: 

Executive  Department,  ) 

City  of  Indianapolis, 

November  9,  1897.  J 

To  the  President  and  Members  of  the  Common  Council  of  the  City  of  Indian- 
apolis: 

Gentlemen— On  October  26,  1897,  Thomas  J.  Montgomery,  represent- 
ing the  citizens  of  Indianapolis  in  your  honorable  body  as  Councilman- 
at-Large,  resigned,  and,  as  required  by  law,  I  hereby  call  a  special  meet- 
ing of  the  Common  Council  of  the  City  of  Indianapolis,  to  be  held  in  the 
Council  Chamber,  at  8  o'clock  p.  m.,  on  Mondaj^,  November  22,  1897,  for 
the  purpose  of  electing  a  Councilman-at-Large  to  fill  the  vacancy  occa- 
sioned by  the  resignation  of  the  said  Thomas  J.  Montgomery. 

T.  Taggart, 

Mayor. 

Witness  my  hand  and  official  seal  this  16th  day  of  November,  1897. 
[seal.]    '  Chas.  H.  Stuckmeyer, 

City  Clerk. 
(editor's  affidavit.) 

State  of  Indiana,  ) 
Marion  County,  J 
Personally  appeared  before  the  undersigned  Henry  D.  Winte,  who, 
being  duly  sworn,  says  that  he  is  advertising  clerk  of  the  Indianapolis 
Sentinel,  a  public  daily  newspaper  of  general  circulation,  printed  and 
published  in  the  City  of  Indianapolis,  in  the  county  aforesaid,  and  upon 
his  oath  further  saith  that  the  notice,  of  which  the  attached  is  a  .true 
copy,  was  duly  published  in  said  paper  for  two  times  successively,  the 
first  of  which  publication  was  on  the  17th  day  of  November,  and  the  sec- 
ond publication  was  on  the  18th  day  of  November,  1897. 

Henry  D.  Winte. 

Subscribed  and  sworn  to  before  me,  this  18th  day  of  November,  1897. 

James  M.  Swan, 

Notary  l*ublic. 


November  22,  1897.]         city  of  Indianapolis,  ind.  47 

Which  was  read  and  ordered  spread  on  the  minutes. 

President  Mahoney  announced  that  nominations  for  Council- 
man-at-Large  were  in  order. 

Whereupon  Mr.  Higgins  placed  in  nomination  Mr.  Edward  W. 
Little  for  Councilman-at-Large,  which  nomination  was  seconded 
by  Messrs.  Colter  and  Scanlon. 

There  being  no  further  nominations,  Mr.  Clark  moved  that 
the  City  Clerk  cast  the  unanimous  vote  of  Council  for  the 
nominee,  which  motion  was  adopted. 

Thereupon  City  Clerk  Stuckmeyer  cast  nineteen  votes  for 
Edward  W.  Little. 

President  Mahoney  declared  Mr.  Edward  W.  Little  duly  elected 
for  Councilman-at-Large,  to  serve  until  the  first  Thursday  after 
the  second  Tuesday  in  October,  1899,  or  until  his  successor  is 
elected  and  qualified. 

On  motion  of  Mr.  Madden,  the  Common  Council,  at  8:08 
o'clock  p.  m.,  adjourned. 


President. 

Attest: 


November  29,  1897.]  city  of  Indianapolis,  ind.  49 


SPECIAL  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

November  29,  1897. 


The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  November  29,  1897,  at  8 
o'clock,  in  special  session,  pursuant  to  the  following  call: 

Indianapolis,  Ind.,  November  27,  1897. 
Charles  E.  Stuckmeyer,  Esq.,  City  Clerk: 
Dear  Sir — Please  issue  the  following  call: 

To  the  Members  of  the  Common  Council: 

Gentlemen — You  are  hereby  requested  to  meet  in  special  meeting  in 
the  Council  Chamber,  at  8  o'clock  p.  m.,  Monday,  November  29,  1897,  to 
transact  such  business  as  may  come  before  said  meeting. 

Jno.  H.  Mahoney, 

President. 

I,  Charles  H.  Stuckmeyer,  Clerk  of  the  Common  Council,  do*  hereby 
certify  that  I  have  served  above  notice  upon  the  President  and  each 
member  of  the  Common  Council  prior  to  the  time  of  meeting,  pursuant 
to  the  rules. 

Chas.  H.  Stuckmeyer, 

City  Clerk. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  20  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins, 
Knight,  Little,  Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Scan- 
Ion,  Shaffer,  Smith  and  Von  Spreckelsen. 

Absent— None. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Madden  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 


50  journal  or  common  council.  [Special  Meeting 

COMMUNICATIONS,    ETC.,    FROM    MAYOR. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department,  ) 

City  of  Indianapolis,         [ 

November  17,  1897.  J 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir— I  have  this  clay  approved  the  following  ordinance:  App.  O. 
No.  20,  1897,  the  same  appropriating  money  to  the  Department  of 
Finance,  the  Department  of  Public  Works,  the  Department  of  Public 
Safety  and  the  Department  of  Public  Health  and  Charities. 

Respectfully  submitted, 

T.  Taggart, 

Mayor. 
Which  was  read  and  ordered  spread  on  the  minutes. 

reports  from  city  officers. 

Communication  from  City  Comptroller: 

Department  of  Finance,  ] 

Office  of  City  Comptroller, 

Indianapolis,  Ind.,  Nov.  29,  1897.  J 
To  the  President  and  Members  of  the  Common  Council: 

Gentlemen— I  desire  to  recommend  the  appropriation  of  the  sum  of 
$18,872.75  to  pay  interest  and  exchange  on  bonded  debt,  as  follows: 

Interest,  nine  months,  $350,000  Park  Bonds $10,500.00 

Interest,  seven  months,  $150,000  Station  House  Bonds 3,500.00 

Interest  on  suburban  debts  assumed  by  city 4,858.51 

Exchange 11.24 


$18,872.75 
There  was  appropriated  for  the  payment  of  interest  and  exchange, 
city  bonded  debt,  for  the  year  1897,  $57,036.98.  From  this  sum  $8,618.51 
has  been  paid  in  interest  and  exchange  on  station  house,  park  and  sub- 
urban bonded  debt.  The  interest  on  park  bonds  for  six  months  is 
$7,000;  station  house  bonds,  $3,000;  interest  on  suburban  debt  yet  to  be 
paid,  $240;  exchange,  $14.24.  All  of  'these  last  items  are  due  January  1. 
As  these  bonds  have  been  issued  and  assumed  during  the  current  fiscal 
year,  it  was  dmpo'ssible  to  make  provision  for  the  interest  and  exchange 
in  the  last  general  appropriation  ordinance. 

Very  respectfully, 

E.  M.  Johnson, 
City  Comptroller. 

Which  was  read  and  referred  to  Committee  on  Finance. 

reports,  etc.,  from  standing  committees. 

Mr.  Rauch,  on  behalf  of  the  Committee  on  Judiciary,  to  which 
was   referred   the   communication   of  Mayor   Taggart   and   the 


November  29, 1897.]         city  of  Indianapolis,  ind.  51 

communication  of  the  Secretary  of   the  "League  of  American 
Municipalities"  (see  page  36),  made  the  following  report: 

Indianapolis,  November  22,  1897. 
Mr.  President: 

We,  your  Committee  on  Judiciary,  have  had  communication  from  the 
Mayor  and  League  of  American  Municipalities  under  consideration,  and 
beg  to  submit  the  following  resolution  : 

Resolution  No.  28,  1897.— 

Whereas,  We  approve  of  the  sentiment  expressed  in  the  following 
paragraph,  taken  from  an  official  circular  just  issued  by  the  said 
League,  to- wit: 

"The  unanimous  sentiment  of  the  Columbus  convention,  which  was  a 
representative  body,  and  which  planned  and  formed  'the  permanent  or- 
ganization, was  that  the  League  of  American  Municipalities  would  be 
promptly  and  cordially  supported  by  the  patriotic  officials  of  American 
municipalities  as  a  movement  for  the  betterment  of  municipal  condi- 
tions, with  the  inevitable  results  of  facilitating  department  work,  se- 
curing improved  public  services  and  lessening  the  burden  of  the  tax- 
payers." 
Therefore, 

Resolved,  That  it  is  the  sense  of  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  that  said  city  officials,  Mayor  and  Common  Coun- 
cil become  members  of  the  League  of  the  American  Municipalities;  and 
be  it  further 

Resolved,  That  the  Comptroller  take  such  action  as  lie  deems  best  in 
promoting  the  welfare  of  our  city. 

Respectfully, 

Albert  E.  Rauch, 
Frank  S.  Clark, 
John  H.  Scanlon, 

Committee. 

Which  was  read  and  concurred  in,  and  Resolution  No.  28, 1897, 
was  passed  by  the  following  vote: 

Ayes,  21 — viz. :  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Costello 
Crall,  Harston,  Higgins,  Knight,  Little,  Madden,  Merrick,  MofTett,  Mc- 
Grew,  Rauch,  Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President 
Mahoney. 

Nays — None. 


Mr.  Smith,  on  behalf  of  the  Committee  on  Public  Morals,  to 
which  was  referred : 

G.  O.  No.  G3,  1897.  An  ordinance  prohibiting  persons  under  fifteen 
years  of  age  on  the  streets,  alleys  or  public  places  in  the  City  of  Indian- 
apolis, Indiana,  at  night  after  the  hour  of  nine  o'clock  p.  m.,  from 
March  1st  to  August  31st,  inclusive,  of  each  year,  and  from  September 
1st  to  the  last  day  of  February,  inclusive,  of  each  year,  after  the  hour 
of  eight  p.  m.,  and  prescribing  penalties  for  the  violation  thereof. 


52  journal  or  common  council.  [Special  Meeting 

Made  the  following  report : 

Indianapolis,  November  26, 1897. 
To  the  President  and  Members  of  the  Common  Council: 

We,  your  Committee  on  Public  Morals,  have  examined  G.  O.  No.  63, 
and  hereby  recommend  its  passage. 

W.  F.  Smith, 
W.  W.  Knight, 
,  T.  A.  Bowser, 

Committee. 

Which  was  read  and  concurred  in. 

Mr.  Mahoney,  on  behalf  of  the  Committee  on  Rules,  presented 
the  following: 

Indianapolis,  November  29, 1897. 
To  the  President  of  the  Common  Council: 

Your  Committee  on  Rules  (as  per  order)  beg  leave  to  submit  the  fol- 
lowing code  of  rules,  and  would  recommend  that  they  be  adopted  as  the 
rules  to  govern  this  Common  Council,  and  that  the  City  Clerk  do  have 
seventy-rive  copies  printed  immediately  for  distribution  among  the 
members  of  this  Council. 

Jno.  H.  Mahoney, 
John  H.  Crall, 
-Albert  Harston, 

Committee. 

RULES  AND  REGULATIONS  FOR  THE  GOVERNMENT  OP  THE 
COMMON  COUNCIL  OF  THE  CITY  OF  INDIANAPOLIS. 

[Adopted  November  29,  1897.] 

Meetings. 

The  regular  meetings  shall  be  held  on  the  first  and  third  Monday 
evenings  of  each  month,  at  the  hour  of  8  o'clock.  At  the  hour  fixed  the 
Clerk  shall  call  the  roll  of  members,  noting  those  present  and  those 
absent.  If  the  President  be  absent  at  the  time  of  first  roll  call,  the 
Vice-President  shall  call  the  Council  to  order;  and  if  the  latter  is  absent 
any  member  of  the  Council  may,  upon  motion,  be  called  to  the  chair, 
and  such  chairman  shall  act  as  presiding  officer  until  the  arrival  of  the 
one  entitled  to  preside. 

Special  meetings  of  the  Common  Council  may  be  held  upon  the  call 
made  as  follows:  By  the  Mayor,  or  by  the  President,  or  by  any  five 
members  of  the  Common  Council.  In  case  of  a  call  for  a  special  meet- 
ing, in  whatever  manner  made,  it  shall  be  the  duty  of  the  persons  au- 
thorizing the  same  to  duly  notify  the  City  Clerk  thereof,  and  it  shall  be 
the  duty  of  that  officer  to  cause  notice  of  such  meetings  to  be  served 
upon  each  member,  either  in  person  or  by  notice  left  at  his  place  of 
residence. 

Duties  of  Officers. 

President. 

The  presiding  officer  shall  preserve  order  and  decorum.  He  shall  de- 
cide all  questions  of  order,  subject  to  an  appeal  to  the  Council.  He  shall 
vote  on  all  questions  when  the  ayes  and  nays  are  taken  (his  name  being 


November  29,  1897.]  city  of  Indianapolis,  ind.  53 

Called  last),  and  upon  all  other  questions,  when  the  Council  is  equally 
divided,  he  shall  cast  the  deciding  vote. 

He  shall  appoint  all  standing  committees,  as  well  as  all  special  com- 
mittees that  may  be  ordered  by  the  Council.  All  standing  committees 
shall  be  appointed  at  the  commencement  of  the  term  of  the  Council. 
He  shall  fill  all  existing  vacancies,  or  vacancies  that  may  thereafter 
occur,  in  any  of  said  committees. 

It  is  the  duty  of  the  President  to  sign  all  ordinances,  orders  or  reso- 
lutions passed  by  the  Council  before  being  presented  to  the  Mayor,  as 
well  as  all  ordinances  after  enrollment,  and  the  journal  of  proceedings. 

Before  putting  the  question  to  a  vote  of  the  Council,  the  President 
shall  rise  to  his  feet,  but  may  state  the  question  sitting. 

Clerk. 

It  shall  be  the  duty  of  the  City  Clerk  to  keep  an  accurate  journal  of 
the  proceedings  of  the  Common  Council.  He  shall  have  said  proceed- 
ings printed  after  each  regular  or  special  meeting,  one  copy  of  which 
shall  be  presented  to  each  member,  and  at  least  fifty  (50)  copies  of 
which  shall  be  kept  on  file,  to  be  bound  at  the  end  of  the  term,  with  a 
proper  index  thereto,  which  shall  be  the  official  journal  of  the  Common 
Council  of  said  city,  and  he  shall  also  keep  a  proper  file  of  all  papers 
thereof. 

He  shall  arrange  a  roll  call  of  the  members  in  alphabetical  form.  It 
shall  also  be  his  duty  to  have  all  necessary  papers  delivered  to  the 
chairmen  of  the  committees  within  two  days  after  adjournment  of  any 
meeting  of  the  Council. 

Sergeant-at-A  rms. 

The  Sergeant- at- Arms  shall  preserve  order  in  the  lobby,  and  shall 
prohibit  smoking  and  loud  •talking.  He  shall  act  as  messenger  for  the 
Council,  and  shall  deliver  all  papers  to  the  chairman  of  the  committee 
that  may  be  placed  in  his  hands  by  the  City  Clerk,  within  two  days 
after  adjournment  of  any  meeting  of  the  Council  at  which  such  papers 
have  been  referred.  He  shall  also  notify  all  members  of  all  special 
meetings,  and  shall  always  act  under  the  directions  of  the  Council  or 
the  President,  and  obey  all  orders  given  him. 

Eule  1. 

1.  The  general  rules  of  parliamentary  law,  so  far  as  applicable,  are 
to  be  considered  the  rules  of  the  Council,  unless  the  same  conflict  with 
any  of  the  rules  herein  prescribed. 

2.  A  quorum  shall  consist  of  a  majority  of  all  members  elected,  but 
no  ordinance,  order  or  resolution  shall  be  passed,  or  ordinance  en- 
grossed, which  shall  not  have  received  the  votes  of  a  majority  of  all 
members  constituting  the  Common  Council. 

3.  No  one  not  a  member  of  the  Common  Council  shall  be  permitted 
to  address  the  same,  except  by  unanimous  consent  of  the  Council;  pro- 
vided, however,  that  any  officer  may,  when  called  upon,  make  a  report. 

4.  No  smoking  will  be  allowed  in  the  Council  Chamber  before  or 
during  the  sittings  thereof. 

5.  The  presiding  officer  shall  decide  whether  any  question  is  carried 
by  affirmative  or  negative  vote;  but  if  he  doubt,  and  the  "ayes  and  noes'' 
or  a  division  be  called  for,  the  Council  shall  decide.  In  case  of  a  rising 
vote,  the  affirmative  shall  first  rise  and  be  counted;  after,  those  of  the 
negative. 

G.  There  shall  be  sixteen  standing  committees  of  the  Council,  and 
shall  consist  of  three  members  each,  except  the  Committee  on  Finance 
and  Committee  on  Contracts  and  Franchises,  which  shall  consist  of 


54  journal  of  common  council.  [Special  Meeting 

nine  members  each,  and  the  Committee  on  Public  Safety  and  Comfort 
five  members,  and  Committee  on  Railroads  seven  members,  and  Com- 
mittee on  Sewers,  Streets  and  Alleys  five  members,  and  shall  «be  ap- 
pointed, as  herein  provided,  by  the  President  of  the  Council,  viz.: 

Committee  on  Accounts  and  Claims. 

Committee  on  Contracts  and  Franchises. 

Committee  on  Elections. 

Committee  on  Fees  and  Salaries. 

Committee  on  Finance. 

Committee  on  Judiciary. 

Committee  on  Ordinances. 

Committee  on  Printing'. 

Committee  on  Public  Health. 

Committee  on  Public  Morals. 

Committee  on  Public  Property  and  Improvements. 

Committee  on  Public  Safety  and  Comfort. 

Committee  on  Railroads. 

Committee  on  Rules. 

Committee  on  Sewers,  Streets  and  Alleys. 

Committee  on  Investigation. 

7.  The  duties  of  standing  committees  shall  be  the  same  as  in  legis- 
lative bodies,  except  as  herein  modified  or  changed. 

8.  It  shall  be  the  duty  of  the  Committee  on  Finance  to  report  ordi- 
nances making  the  annual  tax  levies  and  those  making  the  annual  ap- 
propriation's to  meet  the  several  items  of  expense  that  are  appropriately 
chargeable  against  the  city;  ail  other  matters  relating  to  the  raising  of 
revenues  shall  also  be  referred  to  the  committee. 

Rule  2. 
Ordinances. 

1.  Ordinances  shall  be  of  three  distinct  classes,  viz.:  First,  appro- 
priation ordinances ;  second,  special  ordinances  relating  to  special  matters ; 
third,  general  ordinances  relating  to  the  government  of  the  city.  The  Clerk 
shall  keep  each  class  of  ordinances  in  distinct  files,  according  to  the 
number  of  their  readings,  and  shall  give  each  ordinance  of  each  class  a 
distinct  number  in  the  order  of  its  introduction,  and  shall  place  such 
files  on  Clerk's  desk  at  the  opening  of  each  meeting. 

2.  The  vote  on  passage  of  ordinances  and  resolutions,  upon  suspen- 
sion of  rules,  and  motions  to  reconsider,  must  be  by  call  of  roll;  but  any 
two  members  may  call  the  ayes  and  noes  upon  any  question  or  motion; 
and  any  member  may  call  for  the  division  of  a  question  when  the  sense 
will  admit  of  it. 

8.  All  ordinances  shall  be  read  by  title  only,  upon  introduction,  but 
such  title  shall  clearly  set  forth  the  subject-matter  of  the  ordinance. 
Said  ordinance  shall  then  immediately  be  referred  to  the  proper  com- 
mittee, or  may  be  taken  up  in  committee  of  the  whole.  The  Council 
may,  at  any  time,  order  that  ordinances  be  printed  for  distribution 
among  the  members  or  other  persons.  No  ordinance  shall  be  passed 
upon  the  day  of  its  introduction,  except  by  unanimous  consent. 

4.  Each  ordinance  shall  be  read  through  at  its  second  reading,  at 
which  time  it  is  open  for  amendments,  and  the  next  question  will  be  on 
ordering  the  same  to  be  engrossed.  No  amendments,  except  to  strike 
out,  shall  be  in  order  after  the  engrossment  of  an  ordinance,  unless  by 
unanimous  consent. 

5.  Any  ordinance  may  be  stricken  from  the  files  at  any  time  by  a 
vote  of  two-thirds  of  all  the  members  elected,  or  by  a  majority  vote 
after  the  ordinance  shall  have  passed  a  second  reading. 


November  29,  1897.]         city  of  Indianapolis,  ind.  55 

6.  Any  ordinance  failing  to  receive  a  majority  of  votes  upon  "en- 
grossment" will  be  considered  as  still  on  its  second  reading  and  await- 
ing engrossment,  unless  stricken  from  the  files  or  otherwise  disposed  of 
by  order  or  permission  of  the  Council. 

7.  Any  ordinance  failing  to  receive  a  sufficient  number  of  votes  on 
final  passage  will  be  considered  as  lost,  and  stricken  from  the  files: 
Provided,  The  vote  be  not  reconsidered  within  the  time  and  manner 
authorized  by  Rule  4. 

8.  Any  amendment  to  an  ordinance  may  be  referred,  delayed,  or 
otherwise  disposed  of,  without  delay  or  prejudice  to  the  ordinance  itself. 

9.  Ordinances  reported  back  to  the  Council  by  committees  or  officers 
will  take  their  proper  places  in  first,  second  or  third  readings. 

10.  Ordinances,  resolutions  and  reports  may  be  committed  and  re- 
committed at  the  pleasure  of  the  Council. 

11.  When  a,  reference  is  made  of  any  subject  to  a  standing  or  special 
committee,  the  member  introducing  the  same  shall  be  a  member  of 
such  committee  during  its  deliberations  thereon,  but  shall  have  no 
power  to  vote.  He  shall  be  notified  by  the  chairman  of  such  committee 
of  the  time  and  place  of  meeting  of  said  committee. 

12.  All  reports  from  committees  shall  be  made  in  writing,  and  must 
be  signed  by  a  majority  of  the  members  thereof;  and  all  commiittees 
shall  return  all  ordinances,  resolutions  and  papers  referred  to  them,  and 
report  upon  the  same  to  the  Common  Council  not  later  than  the  second 
regular  meeting  night  after  the  same  is  introduced.  Provided,  That  the 
Council  may,  at  its  discretion,  extend  the  time  for  making  such  reports. 

13.  After  the  call  of  the  "ayes  and  noes"  has  been  answered  to  by 
any  one  member  called,  it  shall  not  be  in  order  for  any  member  to  offer 
any  remarks  except  in  explanation  of  his  vote;  and  no  explanation 
shall  be  in  order  under  the  operation  of  the  "previous  question"  or 
motion  to  "lay  on  the  table," 

Rule  3. 
Motions — Their  Precedence,  Etc. 

1.  When  any  motion  is  made  and  seconded,  it  shall  be  stated  by  the 
presiding  officer,  or,  being  in  writing,  it  shall  be  handed  to  the  Clerk 
and  read  aloud  before  debate,  and  shall  be  entered  upon  the  journal 
with  the  name  of  the  member  making  it.  unless  it  is  withdrawn  at  the 
same  meeting. 

2.  Every  motion  shall  be  reduced  to  writing,  except  to  adjourn;  to 
adjourn  to  a  day  certain;  to  reconsider  the  previous  question  or  the 
seconding  thereof;  to  lay  on  the  table;  to  postpone  to  a  day  certain;  to 
postpone  indefinitely;  to  commit;  to  amend;  to  suspend  the  rules,  or  to 
concur;  and  every  other  motion  not  so  reduced  to  writing  shall,  upon 
the  objection  of  any  one  member,  be  considered  out  of  order. 

3.  A  motion  to  "lay  on  the  able"  or  for  the  "previous  question"  shall 
not  be  in  order  if  prefaced  by  any  speech  or  remarks. 

4.  Any  motion  or  resolution  which  in  effect  contemplates  a  violation 
of  law,  or  is  in  conflict  with  any  ordinance,  will  be  ruled  out  of  order. 

5.  A  motion  to  adjourn  cannot  be  repeated  unless  other  business  has 
intervened  between  the  motions. 

6.  A  motion  to  adjourn  cannot  be  reconsidered. 

7.  Any  matter  laid  upon  the  table  may  be  taken  up  by  a  vote  of  the 
Council  at  any  time:  Provided,  A  motion  to  reconsider,  once  laid  upon 
the  table,  cannot  again  be  taken  up. 

8.  A  motion  to  "reconsider"  and  "that  when  the  Council  adjourn  it 
adjourn  to  meet  on  a  day  certain,"  are  privileged  questions,  and  are 
debatable. 


56  journal,  of  common  council.  [Special  Meeting 

9.  A  business  which  by  law  or  necessity  must  or  should  "be  'trans- 
acted within  or  by  a  certain  time  will  be  considered  a  question  of 
privilege. 

10.  A  motion  to  "suspend  the  rules"  is  a  privileged  question,  is  not 
debatable,  and  cannot  be  amended  except  to  the  acceptance  of  the 
mover. 

Eule  4. 

Reconsideration. 

When  any  question  has  been  once  decided  in  the  affirmative  or  nega- 
tive, any  member  voting  with  the  majority  may  move  a  reconsideration 
thereof  on  the  same  or  next  regular  meeting:  Provided,  That  no  such 
motion  shalhbe  introduced  at  tine  next  or  subsequent  meeting,  unless 
the  member  intending  to  make  the  same  shall  have  given  written  notice 
of  such  intention  at  the  meeting  at  which  the  vote  which  he  desires  to 
have  reconsidered  was  taken.  A  resolution  once  adopted  may  be  re- 
scinded by  subsequent  resolution,  and  ordinances  passed  may  be  re- 
pealed by  subsequent  ordinances. 

Eule  5. 
Previous  Question. 

The  "previous  question"  shall  be  put  in  this  form:  "Shall  the  main 
question  be  now  put?" 

It  shall  only  be  admitted  when  decided  by  a  majority  of  the  members 
present,  and,  until  decided,  shall  preclude  all  other  motions  or  amend- 
ments, except  the  motion  to  adjourn.  If  the  motion  be  sustained,  the 
Chair  shall  at  once  put  the  question,  first  upon  the  pending  amend- 
ments in  their  order,  and  then  upon  the  main  question. 

Eule  6. 

Order  of  Business. 

1.  The  following  order  of  business  shall  be  observed  by  the  Common 
Council  at  its  meetings: 

a.  Reading  and   correcting  journal   of   the  preceding  regular  or 

special  meetings. 

b.  Communications,  etc.,  from  the  Mayor. 

c.  Reports,  etc.,  from  City  Officers. 

d.  Reports  from  Official  Boards,  in  the  following  order: 

1.  Board  of  Public  Works. 

2.  Board  of  Public  Safety. 

3.  Department  of  Public  Health. 

e.  Reports  from  Standing  Committees,  in  the  following  order: 

1.  Accounts  and  Claims. 

2.  Contracts  and  Franchises. 

3.  Elections. 

4.  Fees  and  Salaries. 

5.  Finance.  ' 

6.  Judiciary. 

7.  Ordinances. 

8.  Printing. 

9.  Public  Health. 

10.  Public  Morals. 

11.  Public  Property. 

12.  Public  Safety  and  Comfort. 

13.  Railroads. 

14.  Sewers,  Streets  and  Alleys, 

15.  Rules. 

10,    Investigation, 


November  29,  1897.]  city  of  Indianapolis,  ind.  57 

f.  Reports  from  select  committees. 

g.  Appropriation  ordinances. 

li.    Introduction  of  general  and  special  ordinances, 
i.    Introduction  of  miscellaneous  business, 
j.    Ordinances  on  second  reading. 
k.    Ordinances  on  third  reading. 
1.    Unfinished  business. 

2.  The  reading  of  the  journal  may  be  dispensed  with  at  any  time  by 
order  of  the  Council. 

3.  Special  orders  may  be  taken  up  immediately  after  "Reports  from 
Select  Committees,"  if  so  ordered  by  the  Council. 

Rule  7. 
Committee  of  the  Whole. 

1.  In  forming  a  Committee  of  the  Whole  Council,  the  presiding  offi- 
cer, leaving  the  chair,  shall  appoint  a  chairman  to  preside. 

2.  Upon  ordinances  committed  to  a  Committee  of  the  Whole  Council 
the  ordinance  shall  be  read  throughout  by  the  Clerk,  and  then  again 
read  and  debated  by  clauses.  The  body  of  the  ordinance  shall  not  be 
defaced  or  interlined,  but  all  amendments,  noting  the  line  and  page, 
shall  be  duly  entered  by  the  Clerk  on  a  separate  paper,  as  the  same 
shall  be  agreed  to  by  the  committee,  and  so  reported  to  the  Council; 
after  report,  the  ordinance  shall  again  be  subject  to  be  debated  and 
amended  by  clauses  before  a  question  to  engross  it  be  taken. 

3.  The  rules  of  proceeding  in  the  Council  shall  be  observed  (as  well 
as  parliamentary  law)  in  a  Committee  of  the  Whole  Council,  so  far  as 
they  may  be  applicable,  except  the  rule  limiting  the  time  of  'speaking; 
but  no  member  shall  speak  to  any  question  until  every  member  choos- 
ing to  speak  shall  have  spoken. 

Rule  8. 
Decorum  and  Debate. 

1.  When  any  member  is  about  to  speak  or  deliver  any  matter  to  the 
Council,  he  shall  rise  from  his  seat  and  respectfully  address  himself  to 
the  presiding  officer,  and,  on  being  recognized,  may  address  the  Coun- 
cil, and  shall  confine  himself  to  the  question  in  debate,  and  avoid  per- 
sonality. The  Chair  shall  not  recognize  any  member  as  in  order  unless 
he  shall  be  in  his  proper  seat. 

2.  No  member  shall  speak  more  than  twice  on  the  same  question 
without  leave  of  the  Council,  nor  more  than  once  until  every  member 
choosing  to  speak  shall  have  spoken:  Provided,  All  speeches  shall  be 
limited  to  five  minutes,  unless  further  time  be  granted  by  Council,  an- 
swering questions  not  to  be  considered  as  part  of  the  speaker's  time. 

3.  When  two  or  more  members  rise  at  once, 'the  presiding  officer 
shall  decide  which  shall  speak  first. 

4.  While  the  presiding  officer  is  putting  a  question  or  addressing  the 
Council,  or  when  any  member  is  speaking,  no  member  shall  engage  in 
any  private  discourse,  or  walk  across  or  leave  the  room  unnecessarily. 

5.  No  member  shall  impeach  the  motive  of  any  other. 

(>.  Any  member  may  change  his  vote  before  the  announcement  of  the 
result  by  the  Chair.  Every  member  must  vote  upon  every  question, 
unless  excused  from  voting  by  a  majority  of  the  members  present. 

7.  If  any  member  in  anywise  transgress  the  rules  of  the  Council. 
any  other  member  may  call  him  to  order,  in  which  case  the  alleged 
offender  shall  immediately  take  his  seat,  unless  permitted  to  explain. 
If  the  question  of  order  be  decided  against  him,  he  shall  be  liable,  if  the 
case  require  it,  to  the  censure  of  the  Council.  If  the  decision  be  in  his 
favor,  he  shall  be  at  liberty  to  proceed. 


58  journal  of  common  council.  [Special  Meeting 

Miscellaneous  Rules. 

Rule  9. 

When  the  reading  of  any  paper  is  called  for,  if  'objections  be  made,  it 
shall  be  decided  by  the  Council;  and  no  paper  shall  be  read,  if  objected 
to,  without  the  consent  of  the  Council. 

Rule  10. 

No  matter  or  proposition  ooi  a  subject  different  from  that  under  con- 
sideration shall  be  admitted  under  color  of  an  amendment. 

Rule  11. 

When  any  matter  is  postponed  indefinitely,  it  shall  not  be  again  voted 
upon  during  that  or  the  next  two  succeeding  meetings. 

Rule  12. 
Petitions,  Memorials,  Etc. 

When  the  roll  of  members  is  called  for  the  purpose,  the  member 
called  shall  have  the  privilege  of  presenting  petitions,  memorials,  com- 
munications or  remonstrances,  or  of  offering  motions  or  resolutions; 
and  after  such  call  has  been  made  it  shall  not  be  in  order  for  any  mem- 
ber to  present  any  petition,  memorial,  communication  or  remonstrance, 
or  offer  any  motion  or  resolution,  during  the  evening,  until  the  call  for 
"Unfinished  Business"  is  reached:  Provided,  That  nothing  herein  con- 
tained 'Shall  be  construed  to  prevent  any  member  from  offering  any 
motion  upon  any  pending  matter  during  any  time  if  the  same  shall  be 
declared  by  the  Chair  to  be  in  order. 

Rule  13. 

Amending  the  Rules. 

These  rules  may  be  amended  or  annulled  by  a  majority  vote  of  all 
the  members  of  the  Common  Council.  All  proposed  amendments  to  the 
'  rules  shall  be  referred  to  the  Committee  on  Rules  without  debate,  and 
said  committee  shall  have  the  right  to  report  at  any  time,  and  may  at 
any  time  report  any  change  in  the  rules:  Provided,  however,  That  no 
vdte  on  any  amendment  or  resolution  to  annul  shall  be  taken  until  at 
least  two  weeks'  notice  shall  be  given  of  such  intended  action. 

Which  was  read,  and,  on  motion  of  Mr.  Harston,  the  recom- 
mendation of  the  Committee  on  Rules  was  concurred  in  and  the 
above  and  foregoing  rules  were  adopted  as  the  rules  of  this 
Common  Council. 

APPROPRIATION    ORDINANCES. 

Under   this   order   of   business   the  following   ordinance  was 
introduced: 

By  Mr.  Costello: 

App.  O.  No.  21,  1897.  An  ordinance  appropriating  the  sum  of  eight- 
een thousand  eight  hundred  ami  seventy-two  dollars  and  seventy-five 
cents  ($18,872.75)  for  the  use  of  the  Department  of  Finance  of  the  City 
of  Indianapolis,  Indiana,  and  fixing  a  time  when  the  same  shall  take 
effect. 


November  29,  1897.]         city  of  Indianapolis,  ind.  59 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  there  be  and  is  hereby  appropriated  out  of 
any  funds  in  the  treasury  of  said  city  not  otherwise  appropriated  the 
sum  of  eighteen  thousand  eight  hundred  and  seventy-two  dollars  and 
seventy-five  cents  ($18,872.75)  for  the  use  of  the  Department  of  Finance 
of  said  city,  to  be  applied  to  the  payment  of  interest  and  exchange, 
city  bonded  debt. 

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

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


INTRODUCTION    OF    GENERAL    AND   SPECIAL    ORDINANCES. 

Under  this  order  of  business  the  following  ordinances  were  in- 
troduced: 

By  Mr.  MofTett: 

G.  O.  No.  GO,  1897.  An  ordinance  to  'amend  section  one  (1)  of  "An 
ordinance  regulating  peddling  and  designating  portions  of  public  streets 
where  certain  kinds  of  peddling  is  prohibited,  and  matters  connected 
therewith,"  approved  March  11,  1895,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  Section  1  of  an  ordinance  entitled  "An  ordi- 
nance regulating  peddling  and  designating  portions  of  certain  streets 
where  certain  kinds  of  peddling  is  prohibited,  and  matters  connected 
therewith,"  approved  March  11,  1895,  be  and  the  same  is  hereby  amend- 
ed to  read  as  follows,  to-wit: 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  it  shall  be  unlawful  for  any  peddler  or  other 
person  to  sell  or  offer  for  sale  any  fruit,  vegetables,  candy  or  any  article 
of  merchandise,  either  from  baskets,  hand-carts  or  wagons,  between  the 
hours  of  7  o'clock  a.  m.  and  (i  o'clock  p.  m.,  on  any  of  the  following- 
named  streets  or  parts  of  said  streets,  to-wit: 

Washington  street,  from  the  west  line  of  Capitol  avenue  to  the  east 
line  of  Pennsylvania  street;  Illinois  street,  from  the  north  line  of  Mar- 
ket street  to  the  south  line  of  Georgia  street;  Meridian  street,  from 
Washington  street  to  Monument  Place;  Pennsylvania  street,  from 
Washington  street  to  the  south  line  of  Ohio  street,  and  all  of  Monu- 
ment Place. 

Sec.  2.  This  ordinance  shall  be  in  full  force  from  and  after  its  pas- 
sage and  publication  one  day  each  week  for  two  successive  weeks  in 
The  Sun,  a  newspaper  of  general  circulation,  printed  and  published  in 
said  city. 

With  the  following  petition: 

To  Council  of  the  City  of  Indianapolis  : 

We,  the  undersigned,  doing  business  on  Washington  street,  between 
Illinois  street  and  Capitol  avenue,  would  respectfully  call  your  attention 
to  the  fact  that  said  square  is  being  used  by  venders  of  bananas,  candies, 


60  journal  of  common  council.  [Special  Meeting 

etc.,  by  selling  the  same  from  carts,  blocking  the  street,  obstructing 
crossing,  day  and  night,  and  in  fact  a  nuisance  that  we  think  should  be 
abated,  and  we  ask  that  you  give  us  the  relief. 

(Signed  by  nineteen  business  men.) 

Which  was  read  a  first  time  and  referred  to  Committee  on  Pub- 
lic Safety  and  Comfort. 

By  Mr.  Moffett: 

G.  O.  No.  70,  1897.  An  ordinance  providing  for  the  placing  of  asbes- 
tos drop-curtains  upon  the  stage  of  each  theater  and  opera  house  located 
in  the  City  of  Indianapolis,  providing  a  penalty  for  the  violation  thereof, 
and  fixing  the  time  the  same  shall  take  effect.  .  . 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  every  theater  and  opera  house  located  in  said 
city,  or  which  may  be  hereafter  erected  therein,  shall  he  provided  with 
an  asbestos  drop-curtain,  which  shall  be  so  placed  and  arranged  that 
When  rolled  down  it  will  completely  shut  off  from  the  audience  portion 
of  such  theater  and  opera  house  any  and  all  view  of  the  stage  thereof 
or  of  any  of  the  combustible  material  used  in  and  about  such  s'tage;  and 
such  drop-curtain  shall  be  so  hung  and  arranged  that  the  same  will, 
when  rolled  down  as  aforesaid,  prevent  any  fire  that  may  originate  on 
such  stage  from  spreading  to  the  audience  portion  of  such  theater  or 
opera  house,  or  from  being  seen  from  such  audience  portion  thereof. 

Sec.  2.  The  said  asbestos  drop-curtain  required  in  the  foregoing  sec- 
tion shall  be  provided  with  and  have  attached-  thereto  an  electrical  con- 
trivance and  'arrangement  so  that  the  same  can  be  lowered  and  raised 
by  electrical  power,  and  said  electrical  device  shall  be  so  arranged  and 
adjusted  that  the  electricity  can  be  turned  on  either  from  the  stage  or 
from  the  musical  director's  stand,  and  such  device  shall  be  so  arranged 
and  connected  by  wire  >or  other  electrical  device  that  the  musical  di- 
rector of  such  theater  or  opera  house  can,  without  leaving  the  stand  or 
place  where  he  may  be  located,  set  in  motion  the  said  electrical  device 
for  rolling  down  the  said  asbestos  curtain  at  such  time  as  he  may  deem 
necessary,  by  pressing  an  electric  button  or  other  device  attached  to  or 
connected  with  his  said  stand  for  such  purpose.  There  shall  be  placed 
near  the  said  electric  button  or  other  contrivance  by  which  such  mu- 
sical director  is  to  turn  on  the  said  electric  power  a  small  card  with  in- 
structions printed  thereon  in  plain  letters,  directing  how  such  button  or 
other  arrangement  shall  he  used. 

Sec.  3.  It  shall  he  the  duty  of  each  proprietor  or  manager  of  any 
theater  or  opera  house  in  the  City  of  Indianapolis,  within  thirty  days 
after  the  passage  of  this  ordinance,  to  supply  each  theater  under  the 
control  of  such  person  with  an  asbestos  drop-curtain  in  accordance 
with  the  foregoing  sections  of  this  ordinance,  and  any  such  proprietor 
or  manager  falling  or  refusing  to  comply  with  the  terms  of  this  ordi- 
nance shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding 
one  hundred  dollars,  and  each  day's  failure  to  comply  therewith  after 
the  lapse  of  the  said  thirty  days  shall  constitute  a  separate  offense;  and 
hereafter  no  license  shall  be  issued  to  any  person  by  the  Comptroller  of 
said  city  for  any  theater  or  opera  house  in  the  said  city  that  is  not  pro- 
vided with  an  asbestos  drop-curtain  as  required  hereby. 

Sec.  4.  This  ordinance  shall  be  in  full  force  and  effect  from  'and  after 
its  passage  and  publication  one  day  each  week  for  two  successive  weeks 
in  The  Sim,  a  newspaper  of  general  circulation  printed  and  published  in 
said  city. 


November  29,  1897.]         city  of  Indianapolis,  ind.  61 

Which  was  read  a  first  time  and  referred  to  Committee  on  Pub- 
lic Safety  and  Comfort. 

MISCELLANEOUS    BUSINESS. 

President  Mahoney  announced  the  appointment  of  the  follow- 
ing (revised)  Standing  Committees: 

Accounts  and  Claims — 

Merrick,  Bernauer,  Crall. 
Contracts  and  Franchises — 

Colter,  Madden,  Knight,  Little,  Costello,  Von  Spreck- 
elsen,  Scanlon,  Kauch,  Shaffer. 

Elections — 

Scanlon,  Clark,  Bowser. 
Fees  and  Salaries — 

Bernauer,  Moffett,  Harston. 
Finance — 

Costello,  Clark,  Smith,  Madden,  McGrew,  Bernauer, 
Moffett,  Merrick,  Allen. 

Judiciary — 

Eauch,  Little,  Allen. 
Ordinances — 

Von  Spreckelsen,  Colter,  Shaffer. 
Printing — 

Harston,  McGrew,  Allen. 
Public  Health — 

Moffett,  Higgins,  Shaffer. 
Public  Morals — 

Smith,  Knight,  Bowser. 
Public  Property  and  Improvements — 

McGrew,  Merrick,  Crall. 
Public  Safety  and  Comfort — 

Clark,  Rauch,  Smith,  Moffett,  Bowser. 
Railroads — 

Knight,  Bernauer,  Higgins,  Colter,  Harston,  Little, 
Crall. 
Rules — 

Mahoney,  Harston,  Crall. 
Sewers,  Streets  and,  Alleys — 

Higgins,  Scanlon,  Von  Spreckelsen,  Moffett,  Bowser. 
Investigation  and  Impeachment — 

Madden,  Costello,  Allen. 


62  journal  of  common  council.  [Special  Meeting 

Mr.  Moffett  introduced  the  following  resolution : 

Resolution  No.  29,  1897.— 

Whereas,  We,  the  Common  Council  of  Indianapolis,  have  been  chosen 
to  represent  the  best  interests  of  the  tax-payers  of  this  city;  and  since 
the  inauguration  and  application  of  the  Dingley  tariff  has  still  greater 
widened  the  breach  between  capital  and  labor,  so  that  the  classes  are 
favored,  to  the  injury  of  the  masses,  by  causing  a  greater  increased 
price  of  many  commodities:  and  that  labor  wages  are  disproportion- 
ately reduced  by  this  and  by  many  employers  cutting  the  scale  of 
wages  of  many  of  their  employes,  still  greater  destroying  and  almost 
completely  destroying  the  "right  of  contract"  of  labor,  until  it  has  little 
or  no  voice  in  any  contracts;  and  that  we  believe  these  things  to  be  un- 
just iand  undemocratic;  therefore,  be  it 

Resolved,  That  we,  the  Common  Council  of  Indianapolis,  will  heartily 
co-operate  in  the  attainment  thereof,  and  believe  that  no  contracts 
should  be  let  by  the  City  of  Indianapolis  to  any  bidders  to  do  work  for 
the  city  unless  there  is  specified  in  the  contracts  (with  a  forfeiture 
clause)  that  the  contractors  will  pay  from  thirty  to  fifty  cents  an  hour 
for  all  skilled  labor  and  hazardous  occupations,  and  that  the  commonest 
kind  of  labor  shall  receive  as  the  minimum  of  wage  not  less  than 
twenty  cents  an  hour. 

Resolved,  That  we  deplore  the  state  of  society  whereby  unjust  and 
unmerciful  business  men  and  corporations  are  constantly  jeopardizing 
our  institutions  by  their  cruel  oppression  of  those  under  them. 

Mr.  Moffett  moved  that  the  Common  Council  go  into  Commit- 
tee of  the  Whole  for  the  purpose  of  considering  Resolution  No. 
29,  1897. 

The  ayes  and  nays  being  called  for,  the  motion  was  adopted  by 
the  following  vote: 

Ayes  19,  viz  : — Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello,  Har- 
ston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett,  McGrew,  Rauch, 
Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays  2,  viz.: — Messrs.  Allen  and  Crall. 

Thereupon  the  Council  went  into  Committee  of  the  Whole, 
and  President  Mahoney  appointed  Mr.  Rauch  Chairman  of  the 
Committee. 

At  9:35  President  Mahoney  called  the  Council  to  order. 

Mr.  Rauch,  Chairman  of  the  Committee  of  the  Whole,  reported 
progress  on  Resolution  No.  29,  1897. 

Mr.  Colter  moved  that  Resolution  No.  29,  1897,  be  referred  to 
Committee  on  Judiciary. 

Which  motion  prevailed. 


November  29,  1897.]         city  of  Indianapolis,  ind. 


63 


On  motion  of  Mr.  Harston,  the  Common  Council,  at  9:40  o'clock 
p.  m.,  adjourned. 


President. 


^^i 


ity  Clerk. 


December  6,  1897.]  city  of  Indianapolis,  IND. 


65 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

December  6,  1897. 

The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  December  6,  1897,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  17  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Crall,  Harston,  Knight,  Little, 
Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Shaffer,  Smith  and 
Von  Spreckelsen. 

Absent,  3— viz.:   Messrs.  Costello,  Higgins  and  Scanlon. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Rauch  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

REPORTS    FROM    OFFICIAL    BOARDS. 

Communication  from  Board  of  Public  Works: 

Department  of  Public  Works,  ) 

Office  of  the  Board,         V 

Indianapolis,  December  6,  1897.  ) 

To  the  President  and  Members  of  the  Common  Council  of  the  City  of  Indian- 
apolis'. 

Gentlemen — We  herewith  send  to  your  honorable  body  for  considera- 
tion and  action  thereon  a  contract  made  with  the  Indianapolis  Desic- 
cating Company,  granting  them  the  right  to  construct  and  maintain  a 
railroad  track  in  and  through  Sellers  Farm. 

Very  respectfully, 

M.  A.  Downing, 
W.  Scott   Moore, 
T.  J.  Montgomery. 
Board  of  Public  Works. 


66  journal  of  common  council.  [Regular  Meeting 

Which  was  read  and  referred  to  Committee  on  Contracts  and 
Franchises. 


REPORTS,    ETC.,    FROM   STANDING    COMMITTEES. 

Mr.  Moffett,  on  behalf  of  the  Committee  on  Public  Health,  to 
which  was  referred : 

G.  O.  No.  02,  1897.  An  ordinance  to  provide  for  the  appointment  of 
an  Inspector  of  Plumbing  and  House  Drainage,  prescribing  his  qualifi- 
cations, powers  and  duties,  and  to  prescribe  the  mode  and  manner  of 
house  drainage  and  plumbing  in  the  City  of  Indianapolis;  prescribing 
penalties  for  the  violation  thereof;  providing  for  the  publication  thereof, 
and  fixing  the  time  when  the  same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  December  6,  1897. 
Mr.  President: 

Your  Committee  on  Public  Health  has  had  G.  O.  No.  02,  1897,  under 
consideration,  and  recommend  its  amendment  by  substituting  in  lieu 
thereof  the  accompanying  ordinance,  and  when  so  amended  that  it  do 
pass. 

Respectfully, 

E.  D.  Moffett. 
Geo.  W.  Shaffer. 

Department  of  Public  Health  and  Charities,  ) 
City  of  Indianapolis,  [ 

December  6,  1897.  j 
Gentlemen— The  Board  of  Health,  at  a  meeting  held  December  0, 
1897,  accepted  the  amendments  prepared  by  the  Council  Coininitltee  on 
Public  Health  to  G.  O.  No.  02,  1897. 

Respectfully, 

By  order  of  the  Board.  E.  D.  Clark, 

Secretary. 
Which  was  read  and  concurred  in. 

Mr.  Moffett,  on  behalf  of  the  Committee  on  Public  Health,  to 
which  was  referred : 

G.  O.  No.  GO,  1897.  An  ordinance  prohibiting  the  burning  of  weeds, 
leaves,  trash  or  other  substances  on  the  streets,  alleys,  sidewalks  or 
public  grounds  of  the  City  of  Indianapolis. 

Made  the  following  report: 

Indianapolis,  December  0,  1897. 
Mr.  President: 

Your  Committee  on  Public  Health  has  had  G.  O.  No.  66,  1897,  under 
consideration,  and  we  recommend  it  do  pass  with  the  following  amend- 
ment: 

Amend  Section  1,  lines  5  and  0,  by  striking  oiit  the  words  "weeds, 


December  6,  1897.]  city  of  Indianapolis,  ind.  67 

grass  and  leaves"  and  insert  :im  lien  thereof  the  words  "leather,  rubber, 
bone,  old  clothing,"  and  when  so  amended  that  it  do  pass. 

Respectfully, 

E.   D.    MOFFETT. 

Geo.  W.  Shaffer. 
Which  was  read  and  concurred  in. 


INTRODUCTION    OF    GENERAL    AND    SPECIAL    ORDINANCES. 

Under  this  order  of  business  the  following  ordinances  were 
ntroduced: 


By  Board  of  Public  Works: 


G.  O.  No.  71,  1897.  An  ordinance  ratifying,  confirming  and  approv- 
ing the  certain  contract  anid  agreement  made  and  entered  into  on  the 
6th  day  of  December,  1897,  between  the  City  of  Indianapolis,  by  and 
through  its  Board  of  Public  Works,  and  the  Indianapolis  Desiccating 
Company,  whereby  said  company  is  authorized  to  construct,  maintain, 
lay  and  operate  upon  the  property  of  the  City  of  Indianapolis,  compris- 
ing a  public  place  known  ais  Sellers  Farm,  a  railroad  track,  providing 
for  the  publication  of  the  same,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Whereas,  heretofore,  to-wit:  on  the  6th  day  oif  December,  1897,  the 
City  of  Indianapolis,  by  and  through  its  Board  of  Public  Works,  entered 
into  the  following  contract  and  agreement  with  the  Indianapolis  Desic- 
cating Company,  namely: 

This  agreement,  made  and  entered  into  this  6th  day  of  December, 
1897,  by  and  between  the  Cdty  of  Indianapolis,  Marion  county  and  State 
of  Indiana,  hereinafter  called  the  City,  by  and  through  its  Board  of 
Public  Works,  party  of  the  first  part,  and  the  Indianapolis  Desiccating 
Company,  a  corporation  organized  and  incorporated  under  and  by  vir- 
tue of  the  laws  of  the  State  of  Indiana,  hereinafter  called  the  Company, 
party  of  the  second  part,  witiiesseth: 

That  the  City  of  Indianapolis,  party  of  the  first  part,  by  and  through 
its  Board  of  Public  Works,  under  and  by  virtue  of  the  powers  con- 
ferred upon  it  by  an  act  of  the  General  Assembly  of  the  State  of  In- 
diana, entitled  "An  act  concerning  it  lie  incorporation  and  government 
of  cities  having  more  than  one  hundred  thousand  population  according 
+o  the  United  States  census  last  preceding,  and  matters  connected  there- 
with, and  declaring  an  emergency,"  approved  March  6,  1891,  does 
hereby  authorize  and  empower  the  said  Indianapolis  DesdCcatdng  Com- 
pany, party  of  the  second  pant,  its  successors  and  assigns,  and  'by  the 
terms  of  this  contract  consent,  permission  and  authority  are  by  said 
City,  party  of  the  first  part,  through  its  Board  of  Public  Works,  hereby 
given,  granted  unto  afid  vested  in  said  Company,  party  of  the  second 
part,  upon  the  terms  and  conditions  hereinafter  stipulated,  the  right  to 
construct,  maintain,  lay  and  operate  upon  property  of  the  City  of  In- 
dianapolis comprising  a  public  place  known  as  Sellers  Farm,  a  railroad 
track  or  switch  in,  upon  and  through  said  Sellers  Farm,  and  operate 
trains  thereon  for  transportation  of  garbage,  refuse  and  other  matter 
usually  sent  to  Sellers  Farm,  beginning  at  the  north  line  and  near  the 
northwest  corner  of  the  south  half  of  the  northwest  quarter  of  section 
twenty-ttwo  (22),  township  fifteen  (1C>)  north,  range  three  (3)   east,  in 


68  journal  of  common  council.  [Regular  Meeting 

Marion  county  and  State  of  Indiana,  all  the  space  of  ground  'to  be  occu- 
pied for  said  track  or  switch  by  said  Indianapolis  Desiccating  Company 
being  described  as  follows,  to-wit: 

Being  a  strip  of  land  forty  (40)  feet  in  width,  twenty  (20)  feet  lying 
on  each  side  of  the  following  described  line,  which  is  the  center  line  of 
a  proposed  switch  now  located  from  the  main  track  on  the  Indianapolis 
&  Vincennes  Railroad,  to  the  buildings  of  the  Indianapolis  Desiccating 
Company,  located  in  the  southwest  quarter  of  section  twenty-two  (22): 
Beginning  at  'a  point  on  the  north  line  of  the  south  half  of  the  northwest 
quarter  of  said  section  twenty-two  (22),  and  seven  hundred  and  thirty- 
nine  (739)  feet  west  of  the  northwest  corner  thereof;  thence  south, 
thirty-two  degrees  and  eight  minutes  (32°  8')  east,  a  distance  of  three 
hundred  and  seventy-five  (375)  feet;  thence  on  a  curve  curving  to  the 
rig-ht  with  a  radius  of  nine  hundred  and  fifty-five  and  thirty-seven  one- 
iiundredths  (955  37-100)  feet  for  a  distance  of  four  hundred  anld  thirty- 
four  and  four-tenths  (434  4-10)  feet;  thence  south  six  degrees  and  four 
minutes  (0°  4')  east  a  distance  of  twelve  hundred  and  twenty-six  and 
six-tenths  (1,226  6-10)  feet,  and  containing  an  area  of  one  and  eighty- 
seven  one-hundredths  (1  87-100)  acres. 

The  exact  location  and  amount  of  space  to  be  occupied  by  said  track 
or  switch  being  more  particularly  shown  by  the  map  attached  hereto, 
made  part  hereof,  and  marked  "Exhibit  A." 

Said  grant  is  upon  the  following  terms,  conditions  and  limitations, 
to-wit: 

Item  I.  That  for  and  in  consideration  of  the  payment  of  one  dollar, 
the  receipt  whereof  is  hereby  acknowledged,  and  the  transportation 
over  said  railroad  track  or  switch  by  the  said  Indianapolis  Desiccating 
Company  of  garbage,  refuse  and  other  objectionable  matter,  the  said 
Company,  party  of  the  second  part,  is  to  have  the  right  to  build,  use, 
maintain  and  operate  a  railroad  track  or  switch  in  and  on  the  strip  of 
land  described  above,  as  long  as  the  south  one-half  of  the  northwest 
quarter  of  section  twenty-two  (22),  township  fifteen  (15)  north  of  range 
three  (3)  east,  known  as  Sellers  Farm,  or  the  portion  thereof  adjacent 
to  said  railroad  tracks  or  switch  to  be  constructed,  is  occupied  and  used 
as  the  location  of  tallow  chandleries,  slaughter  houses,  abattoirs,  fer- 
tilizing factories,  deposit  and  destruction  of  garbage  and  refuse  matter, 
and  establishments  of  a  similar  character;  and  when  it  shall  be  no 
longer  used  by  the  City  of  Indianapolis,  party  of  the  first  part,  for  any 
such  purposes,  and  is  taken  for  use  for  other  purposes  not  consistent 
with  the  above-described  uses,  or  sold  by  said  City  of  Indianapolis, 
then,  upon  ninety  days'  notice  in  writing  given  by  said  City  of  Indian- 
apolis, party  of  the  first  part,  to  the  said  Indianapolis  Desiccating  Com- 
pany, party  of  the  second  part,  said  Company  shall  remove  its  said 
tracks,  rails  and  appurtenances  thereto;  or,  if  said  City  of*  Indianapolis 
desire  to  purchase  the  same  at  such  time,  then  it  shall  have  the  right 
so  to  purchase  at  a  price  to  be  agreed  upon  by  said  City  of  Indianapolis 
and  the  Indianapolis  Desiccating  Company;  and  if  said  two  parities  can- 
not agree  upon  the  value  of  the  same,  the  price  shall  be  fixed  by  three 
disinterested  persons,  one  of  whom  shall  be  chosen  by  the  City  of  In- 
dianapolis and  one  by  the  said  Indianapolis  Desiccating  Company,  its 
successors  or  assigns,  and  the  third  by  the  two  thus  chosen,  and  the 
price  fixed  by  said  persons,  or  a  majority  of  them,  shall  be  the  price  to 
be  paid  by  the  said  City  for  said  road. 

Item  2.  That  during  the  time  that  said  railroad  shall  'foe  operated 
and  maintained  by  said  Indianapolis  Desiccating  Company,  its  succes- 
sors or  assigns,  any  person,  firm  or  corporation  transporting  material 
to  the  said  Sellers  Farm  shall  have  the  right  to  have  the  same  trans- 


December  6,  1897.]  city  of  Indianapolis,  ind.  69 

ported  over  said  railroad  'track  or  switch  upon  payment  to  said  Com- 
pany of  the  rate  of  charges  or  trackage  per  loaded  car  therefor  fixed  by 
said  Company,  not  exceeding  the  sum  of  two  dollars  ($2)  per  car  for 
charges  or  trackage:  it  being  intended  by  the  parties  hereto  (that  the 
maximum  rate  at  any  time  for  such  transportation  shall  not  exceed 
the  sum  of  two  dollars  ($2)  per  loaded  car,  and  thai  no  charge  shall  be 
made  for  transporting  empty  cars. 

Item  S.  Whenever  the  City  of  Indianapolis  shall  discontinue  the  use 
of  said  Sellers  Farm  for  the  purposes  for  which  it  Is  now  used,  to-wiit: 
tallow  chandleries,  slaughter  houses,  abattoir's,  fertilizing  factories,  de- 
posit and  distribution  of  garbage,  refuse,  etc.,  and  establishments  of  a 
similar  character,  or  shall  sell  the  said  Sellers  Farm,  then  the  said  Com- 
pany, its  successors  or  assigns,  shall,  upon  ninety  days'  notice  in  writ- 
ing given  by  said  City  of  Indianapolis  to  it,  remove  from  said  Farm  its 
said  tracks,  rails  and  appurtenances  thereunto  belonging,  and  the  rights 
of  said  company  in  and  under  this  contract  to  use  the  said  strip  of 
ground  for  railroad  purposes  aforesaid,  or  for  any  other  purpose,  shall, 
at.  the  expiration  of  said  ninety  days'  notice,  cease  and  teiiminate 
forever. 

Item  //.  That  this  agreement,  and  the  rights  and  privileges  therein 
contained,  apply  only  to  the  portion  of  railroad  track  or  switch  to  be 
constructed  by  the  Indianapolis  Desiccating  Company  for  which  right- 
of-way  is  procured  from  said  City  upon  said  Sellers  Farm. 

In  witness  whereof,  the  parties  hereto  have  hereunto  set  their  hands 
and  seals  this  6th  day  of  December,  1807. 

City  of  Indianapolis, 

By  M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery, 
Board  of  Public  Works. 

Indianapolis  Desiccating  Company, 

By  F.  M.  Bachman, 
President. 
Attest 

S.  E.  Rauh, 

Treasurer. 

And  Whereas,  Said  contract  and  agreement  has  been  submitted  by 
the  Board  of  Public  Works  of  said  City  of  Indianapolis  to  the  Common 
Council  of  said  City  for  its  action  thereon;  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  That  the  foregoing  contract  and  agreement,  made  and 
entered  into  on  the  (Jth  day  of  December,  1897,  by  the  City  of  Indian- 
apolis, Indiana,  by  and  through  its  Board  of  Public  Works,  and  the 
Indianapolis  Desiccating  Company,  be  and  the  same  is  hereby  in  all 
things  ratified,  confirmed  and  approved;  and  said  Indianapolis  Desic- 
cating Company  is  hereby  granted  rights  and  privileges  as  in  said  con- 
tract and  agreement  set  forth,  in  accordance  with  the  terms,  provisions 
and  conditions  thereof. 

See.  2.  This  ordinance  shall  take  effect  and  be  in  full  force  from  and 
after  its  passage  and  publication  once  a  week  for  two  consecutive  weeks 
in  The  Sun,  a  daily  newspaper  of  general  circulation  printed  and  pub- 
lished in  the  City  of  Indianapolis,  Indiana. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Contracts  and  Franchises. 


70  journal  of  common  council.  [Regular  Meeting 

By  Mr.  Moffett: 

G.  O.  No.  72,  1897.  An  ordinance  to  prohibit  the  exhibition  or  use  of 
slot  machines,  or  other  similar  machines  or  devices,  and  the  playing  of 
games  of  chance  thereon,  or  therewith,  and  to  punish  the  violation 
thereof. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  it  shall  be  unlawful  for  any  person  to  ex- 
hibit or  have  in  his  possession  in  said  city  any  slot  machine  or  other 
similar  piece  of  mechanism  or  device  which  is  allowed  or  permitted  to 
be  used  by  persons  other  than  the  owner  for  the  purpose  of  playing 
thereon  or  therewith  any  game  of  chance. 

Sec.  2.  It  shall  be  unlawful  for  any  person  having  in  his  possession 
or  under  his  control  a  slot  machine,  or  other  similar  piece  of  mechan- 
ism or  device,  to  allow  any  person,  by  dropping  any  money  or  other 
article  into  the  same,  or  by  depositing  any  money  or  other  article  On  or 
about  'the  same,  to  play  thereon  or  therewith,  when  as  a  result  of  the 
dropping  or  deposit  of  such  money  or  other  article  the  person  dropping 
or  depositing  the  same  may  become  entitled  to  receive  from  the  person 
having  such  machine  or  device  in  his  possession,  or  from  any  other 
person,  any  article  of  value,  and  when  the  article  or  number  of  articles 
which  may  be  received  as  a  result  of  such  dropping  or  deposit  is  'in  any 
wise  determined  by  the  action  or  working  of  any  such  machine,  piece  of 
mechanism  or  device. 

Sec.  3.  Any  person  who  shall  violate  any  of  the  provisions  of  the 
two  preceding  sections,  or  either  of  them,  shall,  upon  conviction  there- 
for, be  fined  in  any  sum  not  less  than  two  nor  more  than  ten  dollars  for 
the  first  offense,  and  upon  any  subsequent  conviction  any  such  person 
shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more  ithan  fifty 
dollars,  and  shall  be  imprisoned  not  less  than  ten  nor  more  than  sixty 
days. 

Sec.  4.  It  shall  be  unlawful  for  any  person  having  in  his  possession 
or  under  his  control  any  slot  machine  or  other  similar  device  or  piece 
of  mechanism  to  permit,  under  any  circumsitanices,  any  person  under 
the  age  of  eighteen  years  to  deposit  any  money  or  other  article  in  such 
machine,  device  or  piece  of  mechanism,  whether  for  the  purpose  of 
gaining  or  experimenting  therewith,  or  any  other  purpose,  and  any 
person  violating  the  provisions  of  this  section,  and  being  convicted 
therefor,  shall  be  fined  not  less  than  ten  nor  more  than  fifty  dollars,  to 
which  may  be  added  imprisonment  for  a  period  not  exceeding  four 
months. 

Sec.  5.  It  shall  be  unlawful  for  any  person  to  deposit  money  or  any 
other  article  in  or  upon  or  about  any  slot  machine  or  other  similar  de- 
vice or  piece  of  mechanism  for  the  purpose  of  winning  or  receiving,  as 
a  result  of  the  action  or  working  of  any  such  machine  or  device,  any 
article  of  value,  or  for  the  purpose  of  becoming  entitled  to  a  chance  to 
win  any  such  article,  and  the  fact  that  such  person  making  any  such 
deposit  in  or  about  any  such  machine  has  received  prior  to  or  at  or  after 
the  time  of  making  such  deposit  some  article  equal  in  value  to  the 
money  or  other  article  so  deposited  shall  in  no  wise  excuse  or  mitigate 
the  offense,  if,  after  such  money  or  other  article  is  deposited  as  afore- 
said, or  at  any  time,  be  receives  or  expects  to  receive,  or  as  a  result  of 
the  action  or  working  of  such  machine  or  device  he  might  receive,  any 
other  article  of  value,  and  any  person  violating  any  of  the  provisions  of 
this  section  shall,  on  conviction,  be  fined  in  any  sum  not  less  than  two 
nor  more  than  ten  dollars. 

Sec.  (5.    This  ordinance  shall  take  effect  and  be  in  force  from  and 


December  6,  1897.]  city  of  Indianapolis,  ind.  71 

after  its  passage  and  publication  onco  each  week  for  two  consecutive 
weeks  in  The  Sun,  a  daily  newspaper  having  a  general  circulation  in 
said  city. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Safety  and  Comfort. 

MISCELLANEOUS    BUSINESS. 

The  following  communication  was  received: 

New  York,  November  27,  1807. 
To  the  Honorable  City  Council: 

Gentlemen— We  submit  for  your  consideration  the  following  reasons 
why  your  honorable  body,  representing  the  tax-payers  of  your  city, 
should  place  into  the  hands  of  your  various  city  officials  the  publica- 
tion known  as  "City  Government:" 

First — "City  Government"  is  the  first  and  only  periodical  covering 
the  whole  field  of  practical  municipal  work:  it  does  not  exploit  the  the- 
ories of  so-called  municipal  reformers,  but  devotes  its" attention  solely  to 
the  dissemination  of  knowledge  on  municipal  questions  derived  from 
practical  experience,  being,  in  fact,  a  medium  for  the  interchange  of 
the  ideas  and  experiences  of  city  officials  of  this  country. 

Second — In  the  discharge  of  their  duties  all  city  officials,  especially 
heads  of  departments  and  members  of  Councils,  will  find  it  to  their  ad- 
vantage to  have  such  general  knowledge  of  the  progress  of  municipal 
administration  in  other  cities  as  is  given  in  this  publication.  The  ex- 
perience of  other  cities  with  various  street-paving  materials,  with  the 
filtration  of  water,  with  the  use  of  water-meters,  with  the  granting  of 
franchises,  with  the  adjustment  of  salaries  and  wages  of  municipal 
employes,  with  the  various  methods  of  collection  and  disposal  of  gar- 
bage and  street-cleaning,  with  systems  of  taxation  and  special  assess- 
ments, with  the  enlargement  of  municipal  functions,  etc.,  etc.,  will  be 
of  service  to  the  officials  of  your  city  in  dealing  with  similar  matters. 

Third— A  general  knowledge  of  the  cost  of  municipal  work  and  serv- 
ices (such  as  street-paving,  public  lighting,  water,  lire  and  police  pro- 
tection) in  other  cities  is  desirable,  because  it  tits  your  city  officials  to 
deal  with  contractors  and  employes  in  a  way  that  will  secure  to  your 
city  the  best  possible  terms  for  such  work  and  services. 

Fourth— To  secure  the  best  possible  results  in  the  administration  of 
municipal  work,  it  is  absolutely  necessary  that  city  officials  should  keep 
up  with  the  rapid  advance  that  is  being  made  in  this  line  in  many  of 
our  cities.  Every  conscientious  city  official  should  know  what  is  being 
done  throughout  this  progressive  country  to  meet  the  multitudinous 
exigencies  that  arise  in  municipal  departmental  work. 

Fifth— "City  Government"  is  the  only  periodical  devoted  to  all  de- 
partments of  municipal  work  and  providing  the  line  of  information 
outlined  in  the  foregoing  paragraphs. 

The  Councils  of  many  of  our  cities,  among  them  New  York,  San 
Francisco,  Newark,  N.  J.,  Providence,  R.  I.,  Toledo,  O.,  New  Haven. 
Conn.,  Springfield,  Mass.,  Seattle,  Wash.,  Trenton,  N.  .T.,  Columbus,  O.. 
and  Colorado  Springs,  Col.,  have  already  subscribed  for  "City  Govern- 
ment" for  all  their  members  and  heads  of  departments,  and  paid  for 
same  out  of  the  general  or  contingent  funds.  In  some  of  the  larger 
cities,  notably  Philadelphia,  Boston,  Chicago,  St.  Louis,  etc.,  the  depart- 
ments have  subscribed  out  of  their  department  funds. 


72  journal  or  common  council.  [Regular  Meeting 

The  regular  subscription  price  of  "City  Government"  'to  individuals 
is  $3  a  year.  To  your  honorable  body  we  make  the  following  proposi- 
tion: We  will  send  "City  Government"  tto  all  the  members  of  your 
Council,  and  to  such  heads  of  municipal  departments  as  you  may  desig- 
nate, for  $1.50  per  year  for  each  copy,  provided  that  not  less  than 
twelve  copies  are  ordered. 

We  trust  your  honorable  body  will  recognize  the  merit  of  our  publica- 
tion and  the  liberality  of  our  proposition,  and  make  the  necessary  ap- 
propriation to  provide  your  members  and  department  heads  with  the 
periodical. 

Yours  respectfully, 
City  Government  Publishing  Co., 
Per  E.  I.  G. 

Which  was  read  and  referred  to  Committee  on  Judiciary. 


ORDINANCES  ON  SECOND  READING. 

On  motion  of  Mr.  Moffett,  the  following  entitled  ordinance  was 
taken  up  and  read  a  second  time: 

G.  O.  No.  02,  1897.  An  ordinance  to  provide  for  the  appointment  of 
an  Inspector  of  Plumbing  and  House  Drainage,  prescribing  his  qualifi- 
cations, powers  and  duties,  and  to  prescribe  the  mode  and  manner  of 
house  drainage  and  plumbing  in  the  City  of  Indianapolis;  prescribing 
penalties  for  the  violation  thereof;  providing  for  the  publication  thereof, 
and  fixing  the  time  when  the  same  shall  take  effect. 

Mr.  MofTett,  on  behalf  of  the  Committee  on  Public  Health, 
offered  the  following  amended  ordinance  as  a  substitute  for 
G.  0.  No.  62,  1897: 

G.  O.  No.  G2,  1897.  An  ordinance  to  provide  for  the  appointment  of 
an  Inspector  of  Plumbing  and  House  Drainage,  prescribing  his  qualifi- 
cations, powers  and  duties,  and  to  prescribe  the  mode  and  manner  of 
house  drainage  and  plumbing  in  the  City  of  Indianapolis;  prescribing 
penalties  for  the  violation  thereof;  providing  for  the  publication  thereof, 
and  fixing  the  time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  Board  of  Health  and  Charities  of  the  City 
of  Indianapolis  is  hereby  authorized  and  empowered  to  appoint  an 
Inspector  of  Plumbing  and  House  Drainage,  who  shall  be  a  practical 
plumber,  engaged  in  the  plumbing  business  and  residing  in  the  City  of 
Indianapolis,  and  who  shall  be  required  to  pass  an  examination  as  to 
Iris  qualifications  by  a.  board  of  three  practical  plumbers  residing  in  said 
city,  said  board  to  be  selected  by  the  Board  of  Health  of  said  city. 

Sec.  2.  Said  Inspector  shall  serve  until  his  successor  is  appointed  and 
qualified.  The  Mayor  shall  issue  his  certificate  of  appointment,  and  the 
person  named  therein  shall  take  an  oath,  to  be  endorsed  on  said  appoint- 
ment, to  support  the  Constitution  of  the  United  States,  the  Constitution 
of  the  State  of  Indiana,  and  the  City  Charter  of  the  City  of  Indianap- 
olis, and  to  faithfully  and  impartially  discharge  the  duties  of  his  office 
to  the  best  of  his  skill  and  ability,  which  certificate  and  oath  shall  be 


™i 


December  6,  1897.]  city  of  Indianapolis,  ind.  73 

filed  with  the  City  Clerk,  who  shall  issue  a  certificate  of  same  reciting 
the  fact  and  date  of  appointment,  taking  of  the  oath  of  office  and  filing 
of  same. 

Such  appointee  shall  thereupon  execute  his  bond  to  said  city  to  the 
approval  of  the  Mayor  in  penalty  of  one  thousand  ($1,000)  dollars,  with 
at  least  two  freehold  sureties,  payable  to  the  City  of  Indianapolis,  and 
conditioned  for  the  faithful  performance  of  all  duties  required  of  incum- 
bent of  said  office,  which  bond,  after  being  so  approved,  shall  be  filed 
with  the  City  Comptroller,  who  shall  make  a  true  copy  thereof  and  file 
the  same  with  the  City  Clerk,  whereupon  a  commission  shall  be  issued 
to  said  Inspector  of  riumbing  and  House  Drainage,  signed  by  such 
Mayor  and  attested  by  the  City  Clerk  under  seal  of  the  city. 

Sec.  3.  The  salary  of  such  Inspector  shall  be  twelve  hundred  ($1,200) 
dollars  per  year,  payable  quarterly  out  of  the  funds  of  said  city,  at  the 
same  time  and  in  the  same  manner  that  the  elective  officers  of  said  city 
are  paid,  and  he  shall  not  receive  any  other  pay,  reward  or  emoluments 
whatever;  nor  shall  he,  while  holding  such  office,  be  the  beneficiary  of 
any  contract  for  plumbing  or  house  drainage;  nor  sell  any  material,  or 
perform  any  labor  in  connection  with  any  plumbing  or  house  drainage 
of  said  city. 

Sec.  4.  Any  person,  firm  or  corporation  desiring-  to  engage  in  the 
business  of  plumbing  or  house  drainage  in  the  City  of  Indianapolis,  shall 
first  comply  with  the  registration  requirements  of  the  Board  of  Public 
Health  and  Charities. 

Sec.  5.  Whoever  desires  to  erect,  alter  or  construct  any  building  or 
structure  in  which  a  system  of  plumbing  or  house  drainage  is  to  be 
placed,  changed,  altered  or  repaired,  or  who  desires  to  place,  change, 
alter  or  repair  any  system  of  plumbing  or  house  drainage  already  exist- 
ing in  any  building  or  structure,  shall  present  to  the  Board  of  Health, 
upon  blanks  furnished  by  the  Board  of  Public  Health  and  Charities,  a 
written  statement  of  the  exact  location  of  the  building  and  location  and 
description  of  all  fixtures  and  vents,  together  with  a  copy  of  the  con- 
tract and  plans  and  specifications  between  the  applicant  for  a,  permit 
and  the  plumber.  This  statement  shall  be  made  in  duplicate,  one  copy 
to  be  retained  by  the  Board  of  Health,  and  the  other  to  be  returned  to 
the  applicant  endorsed  "accepted"  or  "rejected." 

If  the  Plumbing  Inspector  shall  decide  that  all  the  requirements  of 
this  ordinance  are  complied  with  in  the  application  above  mentioned, 
he  shall  mark  the  application  "accepted;"  if  otherwise,  it  shall  be 
marked  "rejected"  and  the  cause  of  rejection  shall  be  stated  in  writing. 

Upon  presentation  to  the  City  Comptroller  of  an  application  endorsed 
"accepted"  by  the  Plumbing  Inspector,  and  the  payment  of  the  fees 
herein  provided,  he  shall  issue  a  permit  to  perform  such  plumbing  or 
house  drainage. 

Sec.  6.  Before  any  plumtber  shall  receive  a  permit  under  the  pro- 
visions of  this  ordinance,  he  or  his  firm  shall  execute  a  bond  to  the 
City  of  Indianapolis,  with  sureties  to  be  approved  by  the  proper  orfi 
cial,  in  the  penal  sum  of  two  hundred  dollars  ($200),  conditioned  for  the 
faithful  performance  of  his  or  their  duties  according  to  the  terms  of 
this  ordinance;  and  this  bond  shall  be  for  the  term  of  one  year,  and 
shall  be  renewed  annually. 

All  permits  for  plumbing  or  house  drainage  shall  be  issue'd  by  the 
City  Comptroller,  after  approval  by  the  Board  of  Health.  The  fee  for 
issuing  permits  shall  be  two  dollars  ($2)  for  each  separate  system  of 
plumbing.  There  shall  be  no  extra  charge  for  extra  inspections  or  for 
partial  changes  of  fixtures  in  any  new  or  old  system  of  plumbing. 

Sec.  7.  The  Inspector  shall  visit  and  inspect  the  work  under  contract 
during  the  process  of  same.    An  inspection  in  every  case  shall  include 


74  journal  of  common  council.  [Regular  Meeting 

an  inspection  of  the  sewer  to  the  property  line,  and  if  the  aforesaid 
work  is  approved  a  certificate  of  inspection  shall  he  delivered  to  the 
plumber. 

Sec.  8.  All  plumbing  and  house  drainage  hereafter  done  and  per- 
formed in  the  City  of  Indianapolis  shall  be  in  accordance  with  the  rules 
and  regulations  prescribed  in  this  ordinance,  and  shall  require  a  permit, 
except  in  case  of  repair  work  which  does  not  require  a  change  of  pipe 
line  or  fixtures.  No  fixture  shall  be  replaced  unless  it  is  one  that  is 
constructed  as  required  by  the  rules  of  the  Board  of  Health  and  the 
ordinances  of  the  city:  Provided,  That  this  does  not  apply  to  water 
pipes.  The  Plumbing  Inspector  is  empowered  to  examine  and  inspect 
all  plumbing  within  the  City  of  Indianapolis,  and  whenever  such  plumb- 
ing shall  befound  defective  it  shall  be  the  duty  of  the  owner  or  lessee  of 
such  building  to  place  the  same  in  proper  sanitary  condition,  after  rea- 
sonable notice  from  the  Board  of  Health.  That  in  all  cases  where  any 
plumbing  which  may  have  been  done  by  any  plumber  which  shall  not 
conform  to  the  plans  and  specifications  and  permit  provided  for  in 
this  ordinance,  and  which  shall  be  rejected  by  the  Plumbing  Inspector 
or  the  Board  of  Health,  or  both,  the  plumber  or  plumbing  firm  shall  at 
his  or  their  own  cost  and  expense  cause  such  defective  plumbing  to  con- 
form to  said  plans,  specifications  and  permit,  according  to  the  direction 
of  such  Board  of  Health  or  Inspector;  and  in  default  thereof  'shall  be 
fined  in  any  sum  not  exceeding  one  hundred  dollars  ($100),  and  be  liable 
on  his  or  their  bond  for  the  amount  of  such  penalty. 

Sec.  9.  Every  public  building,  block,  factory  or  workshop  erected  on 
the  line  of  any  public  sewer  shall  be  connected  therewith,  so  that  all 
sewerage  shall  be  drained  from  such  building  to  such  sewer,  and  made 
to  comply  to  this  ordinance.  If  not  on  the  line  of  such  sewer  the 
same  shall  be  provided  with  a  sufficient  cesspool  according  to  the  law 
governing  the  same.  All  connections  between  house  and  sewer  at  prop- 
erty line  shall  be  by  hard  glazed  earthenware  pipe  of  not  less  than  six 
inches  in  diameter,  run  at  a  uniform  grade  of  not  less  than  one-fourth 
inch  per  foot.  All  joints  must  be  made  water-tight  with  Portland 
cement,  and  the  different  pipe  sections  laid  in  perfect  line  on  bottom 
and  sides,  and  shall  be  made  free  from  obstructions  on  the  inside. 
Notice  shall  be  sent  to  the  Inspector  when  any  sewer  or  drain  pipe  is 
ready  for  inspection,  and  shall  not  be  covered  until  it  has  been  exam- 
ined and  pronounced  satisfactory- 
Sec.  10.  Drain,  main,  waste  and  soil  pipes,  through  which  water  and 
sewerage  are  carried,  shall  be  of  iron  when  within  a  building,  sound 
and  free  from  all  defects,  and  not  less  than  two  inches  in  diameter. 
The  same  shall  be  supplied  with  an  accessible  clean-out  not  less  than 
two  inches  in  diameter,  and  not  more  than  eighteen  inches  inside  the 
foundation  wall  of  the  building  when  in  horizontal  position,  and  one  at 
the  foot  of  each  vertical  line.  The  fall  shall  not  be  less  than  one-fourth 
of  an  inch  to  the  foot  toward  the  drain  or  sewer.  Soil  pipes  shall  be 
carried  out  through  the  roof,  undiminished  in  size,  to  a  height  sufficient 
so  that  the  escape  will  not  be  injurious  to  the  health  of  occupants  of 
adjacent  buildings.  Changes  in  directions  shall  be  made  with  regular 
fittings,  and  connections  with  horizontal  soil  pipes  by  sanitary  branches. 
Such  soil  pipes  shall  be  of  standard  extra  heavy  make,  not  less  than 
five  pounds  per  foot  for  two-inch  diameter,  nine  pounds  for  three-inch, 
twelve  and  one-half  pounds  for  four-inch,  sixteen  and  one-half  pounds 
for  five-inch,  and  nineteen  and  one-half  pounds  for  six-inch.  Wrought 
iron  pipes  with  sanitary  cast  iron  fittings  must  be  used  in  the  wrought 
iron  pipe  system  of  plumbing,  and  said  pipes  to  be  especially  well  tarred 
inside,  to  be  of  standard  weight  and  to  conform  in  size  with  the  drain. 


December  6,  1897.]  city  of  Indianapolis,  ind.  75 

waste  and  soil  pipes  as  provided  for  in  Section  10  of  this  ordinance,  and 
the  main  soil  pipes  shall  in  all  cases  extend  at  least  three  feet  outside 
the  foundation  walls. 

Sec.  11.  Rain  water  leaders,  when  within  a  building,  shall  be  of 
wrought  iron  or  extra  heavy  cast  iron  pipes,  where  connected  witli 
drain,  waste  or  soil  pipes,  and  shall  be  suitably  trapped. 

Sec.  12.  Sewer  soil  pipe  or  waste  pipe  ventilators  shall  not  be  con- 
structed of  brick,  earthenware  or  sheet  metals;  and  chimney  flues  shall 
not  be  used  as  such  ventilators. 

Sec.  13.  No  person  shall  locate  or  cause  to  be  located  any  water 
closet  in  any  sleeping  room,  or  in  any  room,  apartment  or  vault  which 
is  not  in  direct  communication  with  the  external  air  by  means  of  a  win- 
dow or  air  space  having  an  area  of  at  least  four  square  feet  for  the 
admission  of  light  and  fresh  air. 

Sec.  14.  Iron  pipes,  before  being  placed  inside  of  any  building,  shall 
be  coated  inside  with  coal  tar  pitch,  applied  hot.  Joints  shall  be  thor- 
oughly caulked  with  pitched  oakum,  and  run  with  molten  lead  and 
made  tight  by  hand  caulking  the  lead.  Connections  of  lead  pipes  with 
iron  shall  be  made  of  lead  or  brass  ferrules,  or  brass  solder  nipples, 
properly  soldered  and  caulked,  or  screwed  to  the  iron  pipe.  All  joints 
where  solder  is  used  must  be  wiped. 

Sec.  15.  The  use  of  wooden  wash  trays  or  sinks  is  strictly  prohibited. 
They  shall  be  of  non-absorbent  material. 

Sec.  1G.  Every  sink  basin,  bath  tub,  water  closet,  slop  hopper,  and 
each  set  of  trays,  and  every  fixture  having  a  waste  pipe,  shall  be  fur- 
nished with  a  trap,  placed  as  near  as  practicable  to  the  fixture  it  serves. 
Traps  shall  be  protected  from  siphonage  or  air  pressure  by  special  air 
pipes  of  a  size  not  less  than  the  waste  pipes;  and  where  cast  iron  is  used 
it  shall  be  standard  extra  heavy.  Each  vent  shall  have  a  trap  screw  or 
union  coupling  wiped  into  it  not  over  six  inches  above  the  pipe  and  trap 
connections.  Vent  pipes  shall  be  either  of  galvanized  wrought  iron, 
lead  or  cast  iron,  and  of  the  following  sizes:  Vent  pipes  outside  of 
water  closets  shall  not  be  less  than  one  and  one-fourth  inches  for 
twenty  feet;  one  and  one-half  inches  for  fifteen  additional  feet,  two 
inches  for  forty  additional  feet,  and  three  inches  for  sixty  additional 
feet.  Where  two  fixtures  connect  with  one  vent,  such  connection  shall 
be  not  less  than  one  and  one-half -inch  pipe;  if  three  or  more,  two-inch 
pipe.  Air  pipes  for  water  closet  traps  shall  be  not  less  than  two-inch 
bore  for  forty  feet,  or  less,  and  three  inches  for  every  forty  feet.  Air 
pipes  shall  run  as  direct  as  possible,  and  in  all  cases  rise  above  the  fix- 
ture. Vent  pipes  shall  extend  at  least  one  foot  above  the  roof  gable,  or 
be  connected  with  the  main  soil  pipe  above  fhe  line  of  the  highest  fix- 
ture. Where  the  vent  pipe  runs  separately  through  the  roof  gable,  it 
shall  be  increased  to  two  inches  at  least  eighteen  inches  below  the  roof. 
Whenever  practicable,  all  pipes  and  traps  shall  be  so  left  that  they  may 
at  all  times  be  readily  examined  and  repaired.  Where  they  are  neces- 
sarily placed  in  positions  or  recesses  in  walls  they  shall  be  covered  witli 
face-boards  fastened  with  screws,  so  as  to  be  readily  removed. 

Sec.  17.  Drip  or  overflow  from  safes  under  water  closets  or  other 
fixtures,  or  from  tanks  or  cisterns,  shall  be  run  to  some  place  in  open 
sight,  and  in  no  case  shall  any  such  pipe  be  connected  directly  with  the 
drain,  waste  or  soil  pipe. 

Sec.  18.  Waste  pipes  for  refrigerators,  or  other  receptacles  for  the 
storage  of  edibles,  may  be  run  into  a  water-supplied  sink;  but  shall  not 
be  connected  with  the  drain,  soil  or  waste  pipe. 

Sec.  19.  Every  water  closet  or  line  of  closets  on  the  same  floor  shall 
be  supplied  with  water  from  a  tank  or  cistern  through  a  flushing  pipe 


i;6  journal  of  common  council.  [Regu7ar  Meeting 

or  pipes  not  less  than,  one  and  one-fourth  inches  in  diameter.  The  plac- 
ing of  a  copper  pan  closet,  or  plunger  closet,  in  any  building  is  expressly 
prohibited. 

Sec.  20.  Pipes  and  other  fixtures  shall  not  be  concealed  until  after 
the  examination  by  the  Inspector,  who  shall  be  notified  by  the  plumber 
desiring  the  inspection  when  the  work  is  sufficiently  advanced,  and 
make  the  same  within  twenty  working  hours  after  receiving  such  notice. 

Sec.  21.  All  soil,  waste  and  vent  pipes  shall  be  made  water-tight,  to 
be  proved  by  the  plumber  performing  the  work,  by  closing  the  outlet 
and  tilling  the  pipe  with  water  to  the  highest  point,  and  leaving  the 
same  filled  for  thirty  minutes,  which  test  shall  be  made  in  the  presence 
of  the  Inspector,  and  the  work  shall  not  be  used  until  approved  by  him: 
Provided,  That  whenever  it  shall  be  impracticable  to  make  the  test  with 
water,  then  the  same  shall  be  made  with  air  until  the  pressure  thereof 
equals  fifteen  pounds  per  square  inch,  measured  by  mercury  gauge,  said 
mercury  to  stand  on  the  gauge  fifteen  minutes  without  a  drop. 

Sec.  22.  No  steam  or  blow-off  pipe  from  a  steam  boiler  shall  be  al- 
lowed to  connect  with  any  soil  or  waste  pipe,  or  directly  with  any  house 
drain. 

Sec.  23.  A  grease  trap  shall  be  constructed  under  the  sink  of  every 
hotel,  eating  house,  boarding  house,  restaurant,  or  other  public  cooking 
establishment,  to  the  satisfaction  of  the  Inspector. 

Sec.  24.  Water  closets  must  be  connected  with  drain  by  means  of 
brass  flanges,  soldered  to  the  lead  bend  or  lead  ferrules. 

Putty  or  rubber  flanges  may  be  used  in  setting  same.  Where  Durham 
system  is  used,  closets  may  be  set  on  regular  iron  floor  flanges. 

Sec.  25.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to 
erect,  construct  or  alter,  or  perform  any  labor  at  plumbing  or  house 
drainage,  within  the  City  of  Indianapolis,  without  having  first  secured 
the  proper  permit  provided  for  in  this  ordinance. 

Sec.  26.  The  use  of  traps  without  vent  pipes  will  be  permitted  to 
connect  direct  in  barber  shops,  bar  rooms  or  in  other  such  similar  places 
where  ventilating  pipes  would  be  impracticable,  if  they  are  provided 
with  a  mercury  or  anti-siphon  vent. 

Sec.  27.  It  shall  be  unlawful  to  maintain  in  use  any  vault  or  cess- 
pool for  the  drainage  of  any  water  closet,  urinal,  bath  house  or  bath 
tub,  laundry,  kitchen  sink  or  other  waste  of  polluted  water  from  any 
manufactory,  dairy,  ice  cream  factory,  restaurant,  saloon,  barber  shop, 
hotel,  boarding  or  tenement  house,  hospital,  school,  asylum  or  other 
institution,  dwelling,  livery  stable,  surgical  or  medical  institute,  situ- 
ated upon  any  street  or  alley  in  the  City  of  Indianapolis,  upon  which 
or  within  one-half  a  square  from  which  a  public  sewer  may  have  been 
constructed  into  which  such  water  closet,  urinal,  bath  house,  bath  tub, 
laundry,  kitchen  sink  or  other  waste  of  polluted  water  may  be  drained. 

Whenever  public  sewers  are  or  have  been  constructed  adjacent  to  or 
within  one-half  a  square  of  any  premises  in  the  City  of  Indianapolis 
on  which  there  may  be  privy  vaults  or  cess-pools  into  which  polluted 
water  is  'drained,  it  shall  'be  the  duty  of  the  owner  or  agents  of  such 
premises  to  connect  the  drains  of  such  polluted  water  with  the  public 
sewers.  And  it  shall  be  the  duty  of  the  owners  or  agents  of  such  prem- 
ises to  clean  out  and  disinfect  the  same  according  to  the  regulations  of 
the  Board  of  Health,  and  to  cause  such  vaults  and  cess-pools  to  be 
filled  with  earth  or  other  wholesome  material. 

Sec.  28.  It  shall  be  the  duty  of  the  Board  of  Health  to  enforce  the 
last  preceding  section  by  the  service  of  appropriate  notice  upou  'the 
owners  or  agents  of  any  premises  upon  which  any  unlawful  sink,  privy 
or  cess-pool  may  be  maintained. 


Pecember  6,  1897.] 


CITY   OF  INDIANAPOLIS,   IND. 


77 


Any  person  who  violates  Section  27  shall,  after  due  notice  from  the 
Board  of  Health  as  provided  in  this  section,  and  after  failure  to  comply 
in  ten  days'  time  with  the  .same,  be  fined  in  any  sum  nof  to  exceed  one 
hundred  dollars  ($100). 

Sec.  29.  The  Plumbing-  Inspector  shall  not  be  connected,  directly  or 
indirectly,  with  any  plumbing  firm,  establishment,  or  interested  in  the 
manufacture  or  sale  of  plumbers'  supplies  or  fixtures. 

Sec.  30.  All  existing  ordinances  and  regulations  or  parts  thereof  in- 
consistent with  this  ordinance  are  hereby  repealed. 

Sec.  31.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance, wihere  no  special  penalty  has  been  provided,  shall,  upon  convic- 
tion thereof,  be  fined  in  any  sum  note  exceeding  one  hundred  dollars 
($100). 

Sec.  32.  This  ordinance  shall  be  in  full  force  from  and  after  its  pas- 
sage and  publication  for  one  day  each  week  for  two  consecutive  weeks  in 
The  Sun,  a  daily  newspaper  of  general  circulation,  printed  and  published 
in  the  City  of  Indianapolis. 

Mr.  Shaffer  moved  that  the  substitute  for  G.  O.  No.  62,  1897, 
be  referred  to  Committee  on  Public  Health,  and  printed  in  the 
Journal. 

Which  motion  prevailed. 

On  motion  of  Mr.  Moffett,  the  following  entitled  ordinance  was 

taken  up  and  read  a  second  time  : 

G.  O.  No.  66,  1897.  An  ordinance  prohibiting  the  burning  of  weeds, 
leaves,  trash  or  other  substances  on  the  streets,  alleys,  sidewalks  or 
public  grounds  of  the  City  of  Indianapolis. 

;   Mr.  Crall  moved  that  the  amendment  to  G.  O.  No.  66,  1897,  as 
recommended  by  the  Committee  on  Public  Health,  be  adopte^ 
Which  motion  prevailed. 

Mr.  Moffett  moved  that  G.  0.  No.  66,  1897,  be  ordered  engrossed 
as  amended,  and  read  a  third  time. 

Mr.  Colter  moved  that  G.  0.  No.  66,  1897,  be  referred  back  to 
Committee  on  Public  Health. 
Mr.  Colter's  motion  was  carried. 

On  motion  of  Mr.  Harston,  the  Common  Council,  at  8:20  o'clock 
P.  m.,  adjourned. 


President. 


ity  Clerk. 


December  20,  1897.]         city  of  Indianapolis,  ind.  70 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

December  20,  1897. 


The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  December  20,  1897,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President,  of  the  Common 
Council,  in  the  chair,  and  18  members,  viz.:  Messrs.  Bernauer, 
Bowser,  Clark.  Colter,  Costello,  Crall,  Harston,  Higgins,  Knight, 
Little,  Madden,  Merrick,  Moffett,  McGrew,  Scaulon,  Shaffer, 
Smith  and  Von  Spreckelsen. 

Absent,  2 — viz.:     Messrs.  Allen  and  Rauch. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Clark  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

REPORTS    FROM    CITY   OFFICERS. 


Communication  from  City  Comptroller: 

Department  of  Finance, 

Office  of  City  Comptroller, 
Indianapolis,  Ind.,  Dec.  20,  189" 

To  the  President  and  Members  of  the  Common  Council  of  the  City  of  Indian- 
apolis: 

Gentlemen— By  request  of  the  Department  of  Public  Health,  I  respect- 
fully recommend  that  you  appropriate  five  hundred  dollars  ($500)  for  an 
additional  assistant  engineer  at  the  City  Hospital  for  the  year  1898. 

Respectfully, 

E.  M.  Johnson, 
City  Comptroller. 

Which  was  read  and  referred  to  Committee  on  Finance. 


80  journal  of  common  council.  [Regular  Meeting 

Communication  from  City  Comptroller: 

Department  of  Finance,  ) 

Office  of  City  Comptroller, 

Indianapolis,  Ind.,  Dec.  20,  1897.  j 

Hon,  John  H.  Mahoney,  President,  and  Members  of  the  Common  Council: 

Gentlemen— Herewith  I  send  you  official  bond  of  William  H.  Schmidt, 
City  Treasurer,  in  'the  sum  of  $700,010,  for  your  consideration  and  ap- 
proval, as  required  by  law. 

Respectfully, 

E.  M.  Johnson, 
City  Comptroller. 

Which  was  read  and  ordered  spread  on  the  minutes. 


reports  from  official  boards. 


Communication  from  Board  of  Public  Works: 

Department  of  Public  Works,  ) 

Office  of  the  Board,         I 

Indianapolis,  December  13,  1897.  J 

Hon.  John  H.  Mahoney,  President,  and  Members  of  the  Common  Council: 

Gentlemen— We  beg  to  submit  to  your  honorable  body  for  considera- 
tion and  action  thereon  the  enclosed  contract  between  the  Board  of  Pub- 
lic Works  and  the  Sun  Vapor  Street  Light  Company,  whereby  said  com- 
pany agrees  to  furnish  the  City  of  Indianapolis  with  vapor  street  lights 
during  the  year  1898. 

Very  respectfully, 

M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery. 
Board  of  Public  Works. 

Which  was  read  and  referred  to  Committee  on  Contracts  and 
Franchises. 


reports,  etc.,  from  standing  committees. 

•    Mr.  Colter,   on  behalf   of   the  Committee   on    Contracts  and 
Franchises,  to  which  was  referred: 

G.  O.  No.  71,  1897.  An  ordinance  ratifying,  confirming  and  approv- 
ing the  certain  contract  and  agreement  made  and  entered  into  on  the 
6th  day  of  December,  1897,  between  the  City  of  Indianapolis,  by  and 
through  its  Bo<ard  of  Public  Works,,  and  the  Indianapolis  Desiccating 
Company,  whereby  said  company  is  authorized  to  construct,  maintain, 
lay  and  operate  upon  the  property  of  the  City  of  Indianapolis,  compris- 
ing a  public  place  known  as  Sellers  Farm,  a  railroad  track,  providing 
for  the  publication  of  the  same,  and  fixing  a  time  when  the  same  shall 
lake  effect 


December  20,  1897.]         city  of  Indianapolis,  ind.  81 

Made  the  following  report: 
Mr.  President: 

Your  Committee  on  Contracts  and  Franchises,  to  which  was  referred 
G.  O.  No.  71,  1897,  the  same  being  an  ordinance  approving  and  confirm- 
ing a  contract  between  the  Board  of  Public  Works  and  the  Indianapolis 
Desiccating  Company,  granting  said  company  the  right  to  lay  and  main- 
tain a  railroad  track  in  Sellers  Farm,  and  we  respectfully  report  that 
said  ordinance  do  not  pass,  and  that  said  contract  be  referred  back  to  the 
Board  of  Public  Works  for  further  consideration  and  amendment,  for 
the  reason  that  said  contract  does  not  provide  any  method  by  which  the 
said  city  can  regain  possession  of  the  land  occupied  by  this  track  after 
the  expiration  of  the  present  contract  of  the  said  Indianapolis  Desiccat- 
ing Company  to  operate  its  plant  upon  Sellers  Farm  until  such  city 
should  cease  to  use  the  said  Sellers  Farm  for  the  purposes  for  Avhich  it  is 
now  used  and  should  devote  it  to  some  other  purpose. 

Your  committee  is  of  the  opinion  that  the  exlstence'of  the  said  railroad 
track  upon  Sellers  Farm  might  greatly  embarrass  the  city  in  re-leasing 
the  said  farm  at  the  expiration  of  the  present  lease,  unless  some  method 
is  provided  in  said  contract  for  the  purchase  of  said  railroad  by  the  City 
of  Indianapolis. 

Respectfully  submitted, 

Geo.  R.  Colter, 

John  A.  Von  Spreckelsen, 

Geo.  W.  Shaffer, 

John  H.  Scanlon, 

Jas.  H.  Costello, 

W.  W.  Knight, 

E.  W.  Little, 

Robert  M.  Madden, 

Committee. 
Which  was  read,  and,  on  motion  of  Mr.  Colter,  adopted. 

Mr  Costello,  on  behalf  of  the  Committee  on  Finance,  to  which 

was  referred : 

App.  O.  No.  21,  1897.  An  ordinance  appropriating  the  sum  of  eight- 
een thousand  eight  hundred  and  seventy-two  dollars  and  seventy-five 
cents  ($18,872.75)  for  the  use  of  the  Department  of  Finance  of  the  City 
of  Indianapolis,  Indiana,  and  fixing  a  time  when  the  same  shall  take 
effect. 

Made  the  following  report: 

Indianapolis,  December  16,  1897. 
Mr.  President: 

Your  Committee  on  Finance  have  had  under  consideration  App.  O.  No. 
21,  1897,  and  recommend  that  the  same  do  pass. 

Respectfully, 

Jas.  H.  Costello, 

E.  D.  MOFFETT, 

Edward  E.  Bernauer, 
J.  W.  McGrew, 
Robert  M.  Madden, 
Richaed  Merrick, 
Frank  S.  Clark, 
W.  F.  Smith, 

Committee. 

Which  was  read  and  concurred  in. 


82  journal  of  common  COUNCIL.  [Kegular  Meeting 

Mr.  Clark,  on  behalf  of  the  Committee  on  Public  Safety  and 
Comfort,  to  which  was  referred: 

G.  O.  No.  69,  1897.  An  ordinance  to  amend  section  one  (1)  of  "An 
ordinance  regulating  peddling  and  designating  portions  of  public  streets 
where  certain  kinds  of  peddling  is  prohibited,  and  matters  connected 
therewith,"  approved  March  11,  1895,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  December  17,  1897. 
Mr.  President : x 

We,  your  Committee  on  Public  Safety  and  Comfort,  have  had  G.  O. 
No.  69,  1897,  under  consideration,  and  would  recommend  its  passage. 

Respectfully, 

Frank  S.  Clark, 
T.  A.  Bowser, 
E.  D.  Moffett, 
Albert  E.  Rauch, 
W.  F.  Smith, 

Committee. 

Which  was  read  and  concurred  in. 

Mr.  Higgins,  on  behalf  of  the  Committee  on  Sewers,  Streets 
and  Alleys,  to  which  was  referred: 

G.  O.  No.  64,  1897.  An  ordinance  changing  the  name  of  Webster 
street  to  East  New  York  street,  and  also  changing  the  name  of  a  part  of 
East  New  York  street  to  Marlowe  avenue,  repealing  all  ordinances  and 
parts  of  ordinances  in  conflict  therewith,  and  declaring  an  emergency. 

Made  the  following  report: 

Indianapolis,  December  20,  1897. 
Mr.  President: 

We,  your  Committee  on  Sewers,  Streets  and  Alleys,  have  had  under 
consideration  G.  O.  No.  64,  1897,  and  do  recommend  its  passage. 

Very  respectfully, 

John  M.  Higgins, 

John  H.  Scanlon, 

E.  D.  Moffett, 

John  A.  Von  Spreckelsen, 

T.  A.  Bowser, 

Committee. 

Which  was  read  and  concured  in. 


APPROPRIATION    ORDINANCES. 

Under  this  order  of  business,  the  following  ordinance  was  intro- 
duced: 

By  Mr.  Costello  : 

App.  O.  No.  22.  1897.  An  ordinance  appropriating  the  sum  of  five  hun- 
dred dollars  ($500)  for  the  use  of  the  Department  of  Public  Health  and 
Charities  during  the  year  of  1898,  and  fixing  a  time  when  the  same  shall 
take  effect. 


December  20,  1897.]         city  of  Indianapolis,  ind.  83 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  there  be  and  is  hereby  appropriated  the  sum  of 
five  hundred  dollars  (.$500)  out  of  any  funds  in  the  city  treasury  not 
otherwise  appropriated,  to  be  expended  by  and  for  the  benefit  of  the  De- 
partment of  Public  Health  and  Charities  during  the  fiscal  year  begin- 
ning January  1,  1898,  for  the  purpose  as  follows:  For  an  additional  as- 
sistant engineer  at  the  City  Hospital. 

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

Which  was  read  a  first  time  and  referred  to  Committee  on 
Finance. 


INTRODUCTION    OF    GENERAL    AND   SPECIAL    ORDINANCES. 

Under  this  order  of  business  the  following  ordinances  were 
introduced: 

By  Board  of  Public  Works: 

G.  O.  No.  73,  1897.  An  ordinance  concerning  vapor  lights,  and  ratify- 
ing, confirming  and  approving  a  certain  agreement  made  and  entered  into 
on  December  13,  1897,  between  the  City  of  Indianapolis,  by  and  through 
its  Board  of  Public  Works,  and  the  Sun  Vapor  Street  Light  Company, 
and  matters  connected  therewith,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Whereas,  Heretofore,  to-wit,  on  December  13,  1897,  the  City  of  Indian- 
apolis, by  and  through  its  Board  of  Public  Works,  entered  into  the  fol- 
lowing contract  and  agreement  with  the  Sun  Vapor  Street  Light  Com- 
pany, namely: 

This  agreement,  made  and  entered  into  this  December  13th,  1897,  by 
and  between  the  Sun  Vapor  Street  Light  Company,  incorporated  under 
the  general  laws  of  the  State  of  West  Virginia,  of  the  City  of  Canton, 
County  of  Starke,  and  State  of  Ohio,  party  of  the  first  part,  and  the 
City  of  Indianapolis,  County  of  Marion  and  State  Of  Indiana,  by 
and  through  its  Board  of  Public  Works,  party  of  the  second  part,  under 
and  by  virtue  of  an  act  of  the  General  Assembly  of  the  State  of  Indiana 
entitled  "An  act  concerning  the  incorporation  and  government  of  cities 
having  more  than  one  hundred  thousand  population  according  to  the 
United  States  census  last  preceding,  and  matters  connected  therewith, 
and  declaring  an  emergency,"  approved  March  6,  1891: 

Witnesseth,  That  the  party  of  the  first  part,  in  consideration  of  the 
payment,  of  the  sum  of  money  hereinafter  set  forth,  hereby  covenants 
and  agrees  to  furnish  and  supply  said  City  of  Indianapolis,  in  its  corpor- 
ate capacity,  with  vapor  street  lights  of  the  number,  kind,  standard,  and 
upon  the  conditions  and  subject  to  the  limitations  as  hereinafter  set 
forth,  namely: 

The  party  of  the  first  part  is  to  furnish",  locate  and  maintain  two  hun- 
dred (200)  Sun  Vapor  Street  Lights  during  the  existence  of  this  contract: 
Provided,  however,  That  the  number  of  lights  may  be  increased  to  a 
number  not  exceeding  two  hundred  and  fifty,  provided  a  sufficient  appro- 
priation for  such  additional  increase  should  be  made  by  the  Common 
Council  during  the  existence  of  this  contract.  It  is  understood  that  not 
less  than  two  hundred  lights  shall  be  in  use  at  all  times. 


84  journal  of  common  council.  [Regular  Meeting 

The  provisions  of  this  contract  shall  be  in  force  and  effect  from  and 
after  the  approval  of  the  same  by  the  Common  Council  of  said  city,  and 
until  the  31st  clay  of  December,  1898. 

All  posts  used  by  the  party  of  the  first  part  must  be  straight  and 
turned,  and  in  size  to  be  to  the  satisfaction  of  the  second  party.  They 
must  be  set  plumb  and  painted  black  in  color. 

Burners  used  by  the  party  of  the  first  part  must  be  of  the  most  ap- 
proved pattern,  and  furnish  a  light  at  all  times  of  fourteen  (14)  candle 
power. 

All  payments  to  the  first  party  for  lights  furnished  under  this  contract 
shall  be  made  monthly. 

The  party  of  the  second  part  shall  have  the  right  to  change  the  loca- 
tion or  discontinue  the  use  of  any  or  all  lamps,  subject  to  restrictions  set 
out  above. 

All  lamps  and  their  appurtenances  used  by  the  party  of  the  first  part 
shall  be  kept  in  a  cleanly  condition  and  in  good  repair,  to  the  satisfaction 
of  the  second  party. 

Said  party  of  the  first  part  further  contracts  and  agrees  that  it  will  ex- 
ercise, in  the  prosecution  of  putting  up  all  lights  ordered  and  in  maintain- 
ing the  same,  all  proper  skill  and  care;  that  it  will  properly  and  fully 
guard  and  protect  all  excavations  or  dangerous  places  made  by  it  or  its 
agents  or  employes,  and  will  use  all  due  and  proper  precaution  to  prevent 
injury  to  any  property,  person  or  persons,  what  or  whomsoever,  for  and 
during  the  entire  period  covered  by  this  contract;  and  that  for  and  dur- 
ing said  period  said  first  party  will  save  the  City  of  Indianapolis  harm- 
less from  any  and  all  liability  whatsoever  growing  out  of  any  injury  or 
damage  to  property  or  persons  because  of  any  neglect  or  fault  of  it,  its 
agents  or  employes,  or  growing  out  of  any  matter  connected  with  or  re- 
lating to  this  contract;  and  also  said  first  party  agrees  to  protect  said  city 
from  any  and  all  liability  on  account  of  infringement  of  patents  or  other- 
wise, and  from  all  damages  and  suits  that  may  arise  on  account  thereof, 
and  to  pay  any  judgment,  with  costs,  which  may  be  obtained  against  said 
city  growing  out  of  any  such  infringement  or  infringements,  injury  or 
damage  whatsoever,  as  aforesaid,  and  to  further  insure  a  faithful  com- 
pliance with  all  the  terms  and  conditions  of  this  clause,  and  all  the  terms 
and  conditions  of  this  contract  as  an  entirety,  said  first  party  agrees  to 
furnish  a  bond  in  the  sum  of  five  thousand  dollars  (.$5,000),  with  satisfac- 
tory sureties,  subject  to  the  approval  of  said  Board  of  Public  Works. 

All  work  under  this  contract  shall  be  done  under  the  supervision  of  the 
Board  of  Public  Works.  And  if  said  party  of  the  first  part,  its  officers, 
lagents  or  employes,  shall  violate  any  of  the  provisions  of  this  contract, 
said  Board  of  Public  Works  shall  notify  said  first  party  or  its  authorized 
agent,  and  if  the  same  be  not  remedied  within  a  reasonable  time,  said 
Board  of  Public  Works  shall  have  the  power  to  remedy  said  defect  and 
charge  the  cost  of  the  same  to  the  said  party  of  the  first  part. 

In  the  event  the  party  of  the  first  part  shall  fail  or  refuse  to  carry  out 
the  provisions  of  the  contract  to  be  entered  into  to  the  satisfaction  of  said 
Board  of  Public  Works,  the  City  of  Indianapolis,  by  and  through  its 
Board  of  Public  Works,  shall  have  the  right,  after  a  ten  days'  notice  to 
said  first  party  and  its  sureties  on  the  bond,  to  annul  this  contract,  and 
such  annulment  shall  not  in  any  wise  subject  the  City  of  Indianapolis  to 
any  liability  for  damages'on  account  of  such  annulment. 

In  consideration  of  the  full  and  faithful  performance  by  said  party  of 
the  first  part  of  the  several  conditions  and  requirements  herein  stipu- 
lated, the  said  party  of  the  second  part  hereby  agrees  and  binds  itself  to 
pay  to  said  first  party  the  sum  of  fifteen  dollars  ($15)  for  each  vapor 
street  light  per  year  furnished  under  the  provisions  of  this  contract  on 
the  "moonlight  schedule,"  which  moonlight  schedule  is  calculated  on  the 


December  20,  1897.]         city  of  Indianapolis,  ind.  85 

following  basis:  Light  one-half  hour  after  sunset  and  one  hour  before 
moonset— the  same  to  burn  until  one  hour  after  moonrise  and  one  hour 
before  sunrise. 

To  each  of  the  provisions,  conditions  and  stipulations  of  this  contra  el 
the  undersigned,  each  for  itself,  hereby  covenants,  agrees  and  binds  it- 
self, its  successors  and  assigns. 

In  testimony  whereof,  the  Sun  Vapor  Street  Light  Company,  by  J.  A. 
Wann.  its  General  Manager  and  Treasurer,  the  party  of  the  first  part, 
hereunto  sets  its  name  and  causes  its  seal  to  be  affixed,  and  the  City  of 
Indianapolis,  party  of  the  second  part,  by  and  through  M.  A.  Downing. 
W.  Scott  Moore  and  T.  J.  Montgomery,  the  Board  of  Public  Works  of 
said  city,  hereunto  set  their  hands,  all  at  the  City  of  Indianapolis,  County 
of  Marion,  State  of  Indiana,  on  this  December  13,  1897. 

The  Sun  Vapor  Street  Light  Co., 
By  J.  A.  Wann, 

General  Manager, 
Party  of  the  First  Part. 
City  of  Indianapolis, 

By  M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery, 

Board  of  'Public  Works, 
Party  of  the  Second  Part. 
BOND. 

Know  all  men  by  these  presents,  That  we,  the  Sun  Vapor  Street  Light 
Company,  of  the  City  of  Canton,  County  of  Starke  and  State  of  Ohio,  as 
principals,  and  Standard  Oil  Company,  of  the  County  of  Marion  and 
State  of  Indiana,  as  sureties,  are  held  and  firmly  bound  to  the  City  of  In- 
dianapolis. Indiana,  in  the  sum  of  five  thousand  dollars  ($5,000),  for  the 
payment  of  which,  well  and  truly  to  be  made,  we  jointly  and  severally 
bind  ourselves,  our  heirs,  executors,  administrators  and  assigns,  firmly  by 
these  presents. 

The  conditions  of  the  above  obligation  are  such  that  if  the  above- 
named,  the  Sun  Vapor  Street  Light  Company,  shall  faithfully  comply 
with  the  foregoing  contract,  made  and  entered  into  December  13,  1897, 
with  the  City  of  Indianapolis,  and  shall  fulfill  all  the  conditions  and  stip- 
ulations therein  contained  according  to  the  true  intent  and  meaning 
thereof  in  all  respects,  then  this  obligation  to  be  void;  otherwise  to  be 
and  remain  in  full  force  and  virtue  in  law. 

Witness  our  hands  and  seals  this  December  13,  1897. 

The  Sun  Vapor  Street  Light  Co., 
J.  A.  Wann, 

Grew'/  Manager  and  Treasurer. 

Standard  Oil  Co., 

Per  J.  W.  Fromeyer, 


Manage 


Approved  December  13,  1897. 

M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery, 

Board  of  Public  Works. 

And  Whereas,  Said  contract  and  agreement  has  been  submitted  by  the 
Board  of  Public  Works  of  the  City  of  Indianapolis  to  the  Common  Coun- 
cil of  said  city  for  its  action  thereon;  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, That  the  foregoing  contract,  made  and  entered  into  on  Decern- 


86 


journal  of  common  council.  [Regular  Meeting 


ber  13,  1897,  by  the  City  of  Indianapolis,  Indiana,  by  and  through  its 
Board  of  Public  Works,  and  the  Sun  Vapor  Street  Light  Company,  be 
and  the  same  is  hereby  in  all  things  ratified,  confirmed  and  approved  in 
accordance  with  the  terms,  provisions  and  conditions  thereof. 

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

Which  was  read  a  first   time  and   referred  to  Committee  on 
Contracts  and  Franchises. 


By  Mr.  Colter: 

G.  O.  No.  74,  1897.  An  ordinance  amending  Section  33  of  an  ordinance 
creating  the  office  of  Building  Inspector,  defining  the  power  and  duties 
attached  hereto,  authorizing  the  inspection  of  buildings  and  other  struc- 
tures, regulating  their  construction,  repair  and  removal,  requiring  the 
issuance  of  a  license  or  permit  in  such  cases  before  any  work  shall  be  be- 
gun, regulating  the  building  of  party  walls  and  partition  fences,  prescrib- 
ing in  what  proportion  adjoining  owners  shall  bear  the  expense  of  the 
same,  in  what  manner  such  expense  shall  be  levied  and  collected,  and  de- 
fining the  terms  upon  which  partition  walls  already  established  may  be 
used  by  adjoining  owners,  fixing  a  penalty  for  the  violation  thereof,  re- 
pealing certain  ordinances,  providing  for  publication,  and  fixing  the  time 
when  the  same  shall  take  effect,  approved  September  10,  1891. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  Section  33  of  an  ordinance  creating  the  office  of 
Building  Inspector,  defining  the  power  and  duties  attached  hereto,  .au- 
thorizing the  inspection  of  buildings  and  other  structures,  regulating 
their  construction,  repair  and  removal,  requiring  the  issuance  of  a  license 
or  permit  in  such  cases  before  any  work  shall  be  begun,  regulating  the 
building  of  party  walls  and  partition  fences,  prescribing  in  what  propor- 
tion adjoining  owners  shall  bear  the  expense  of  the  same,  in  what  man- 
ner such  expense  shall  be  levied  and  collected,  and  defining  the  terms 
upon  which  partition  walls  already  established  may  be  used  by  adjoining 
owners,  fixing  a  penaltj1-  for  the  violation  thereof,  repealing  certain  ordi- 
nances, providing  for  publication,  and  fixing  the  time  when  the  same 
shall  take  effect,  approved  September  10,  1894,  be  and  the  same  is  hereby 
amended  to  read  as  follows: 

Sec.  33.  No  chimney  in  any  brick,  stone  or  frame  building  shall  be 
built  with  less  than  nine  (9)  inch  walls,  or  with  four  (4)  inch  walls  lined 
with  tile  flue  lining,  and  no  flues  shall  be  less  than  eight  by  eight  (8x8) 
inches,  and  no  chimney  top  shall  be  less  than  three  (3)  feet  above  the  roof 
(for  flat  roofs)  and  not  less  than  eight  (8)  feet  above  the  eaves  of  any 
pitched  roof.  Every  chimney  not  forming  a  part  of  a  wall  shall  rest  upon 
(the  ground  or  other  sufficient  fire-proof  foundation;  flues  larger  than  two 
hundred  and  fifty  square  inches  shall  be  surrounded  with  walls  not  less 
than  eight  (8)  inches  thick.  The  Avail  of  such  flue  above  the  inlet  funnel 
shall  be  twelve  Inches  thick  for  the  first  fifteen  (15)  feet  around  and 
above  such  inlet;  tops  of  such  chimneys  to  be  at  least  eight  feet  above  the 
roof,  or  five  feet  above  the  highest  part  of  the  roof  within  fifty  (50)  feet 
of  such  chimneys.  Chimneys  with  flues  more  than  eight  hundred  and 
less  than  eighteen  hundred  square  inches  shall  have  surrounding  walls 
not  less  than  twelve  (12)  inches  thick  to  the  height  of  forty-five  (45)  feet, 
and  shall  have  a  four  (4)  inch  lining  with  a  four  (4)  inch  air  space,  this 
lining  to  commence  four  (4)  feet  below  the  inlet;  chimney  tops  of  flues 
having  eight  hundred  or  eighteen  hundred  inches  shall  be  built  twelve 
(12)  feet  above  the  roof  and  ten  (10)  feet  above  any  roof  within  a  radius 


December  20,  1897.]         city  of  Indianapolis,  ind.  87 

of  fifty  (50)  feet:  Provided,  That  nothing  in  this  ordinance  contained 
shall  be  construed  as  prohibiting  the  use  of  the  Jackson  Combined  Flue 
iand  Ventilator,  or  other  and  similar  fine  and  ventilating  devices  of  like 
safety  and  efficacy. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  publication  once  each  week  for  two  successive  weeks  in 
The  Sun=,  a  daily  newspaper  of  general  circulation,  printed  and  published 
in  the  City  of  Indianapolis,  Marion  County,  Indiana. 

Which  was  read  a  first  time  and  referred  to  Committee  on  Pub- 
lic Safety  and  Comfort. 

By  Mr.  Costello  (by  request) : 

G.  O.  No.  75,  1897.  An  ordinance  regulating  the  location  of  morgues 
and  undertaking  establishments  in  the  City  of  Indianapolis,  Indiana. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  it  shall  not  be  lawful  for  any  person  to  locate, 
build,  construct,  maintain  or  keep,  or  continue  to  maintain  or  keep,  in 
any  block  or  square  of  any  street  in  which  block  or  square  two-thirds  of 
the  buildings  on  both  sides  of  the  street  are  devoted^  to  exclusive  resi- 
dence purposes,  any  morgue  or  undertaking  establishment  within  two 
hundred  feet  of  any  such  residence  on  either  side  of  such  street,  unless 
the  owners  of  a  majority  of  the  lots  in  such  block  or  square  fronting  or 
abutting  on  such  street  consent  in  writing  to  the  location,  construction, 
maintenance  or  keeping  of  such  morgue  or  undertaking  establishment 
therein.  Such  written  consent  shall  be  filed  with  the  City  Clerk  before  a 
permit  shall  be  issued  by  the  Comptroller  for  the  erection  or  repair  of 
any  building  to  be  used  for  such  purpose,  and  before  any  person  shall  be 
permitted  to  keep  or  maintain  or  continue  to  keep  or  maintain  any  such 
morgue  or  undertaking  establishment  in  any  such  block  or  square:  Pro- 
vided, however,  This  ordinance  shall  not  apply  to  any  morgue  or  under- 
taking establishment  already  established  and  doing  business  on  any  such 
block  or  square  at  the  time  of  the  passage  of  this  ordinance. 

Sec.  2.  Any  person,  firm,  or  officer  or  agent  of  a  body  corporate  vio- 
lating any  of  the  provisions  of  the  foregoing  section  by  erecting  or  re- 
pairing any  building  to  be  used  for  a  morgue  or  undertaking  establish- 
ment, or  by  maintaining  or  keeping  or  continuing  to  maintain  or  keep  any 
morgue  or  undertaking  establishment  on  any  street,  in  any  block  or 
square  described  therein,  without  first  filing  in  the  office  of  the  City  Clerk 
the  written  consent  of  the  owners  of  a  majority  of  the  lots  abutting  on 
such  street  in  said  block  or  square  to  the  location,  construction,  main- 
tenance or  keeping  of  such  morgue  or  undertaking  establishment,  as  pro- 
vided in  said  section,  shall,  on  conviction  thereof,  be  fined  in  any  sum  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense,  and  each  day  that  such  morgue  Or  undertaking  establishment  is 
maintained  or  kept  or  continued  to  be  maintained  or  kept  shall  be  deemed 
a  separate  and  distinct  violation  of  such  provision. 

Sec.  3.  This  ordinance  shall  be'  in  force  from  and  after  its  publication 
once  each  week  for  two  consecutive  weeks  in  The  Sun,  a  daily  newspaper 
of  general  circulation  printed  and  published  in  the  City  of  Indianapolis, 
Indiana. 

With  the  following  petition  : 

Indianapolis,  Ind.,  December  16,  1897. 
To  the  Common  Council  of  the  City  of  Indianapolis: 

Gentlemen— My  name  is  subscribed  to  the  formal  petition  to  which 
this  note  is  attached.    I  write,  however,  to  say,  that  in  addition  to  my 


88  journal  of  common  council.  [Regular  Meeting 

own  and  other  individual  signatures  on  this  petition,  that  I  protest,  as 
President  of  the  Indianapolis  Propylseum  Association,  against  the  loca- 
tion of  a  morgue  and  livery  stable  where  it  is  now  proposed  to  locate 
them,  on  property  adjoining  that  of  the  Propylseum.  In  making  this  pro- 
test, I  and  the  officers  whose  names  are  added  to  mine  represent  over 
four  hundred  stockholders,  every  one  of  whom  would  feel  the  buildings 
proposed  in  the  site  above  indicated  a  personal  offense.  Not  only  would 
the  stockholders  in  the  Propylseum  feel  this,  but  the  numerous  patrons 
of  the  Propylseum  would  unite  in  this  protest.  Hoping  that  you  will 
consider  this  letter  as  an  enforcement  of  the  petition,  which  I  understand 
has  been  signed  by  numerous  citizens,  I  have  the  honor  to  remain, 

Yours  very  sincerely, 

May  Wright  Sew  all, 
President  of  the  Indianapolis  Propylteum  Association. 
Margaret  D.  Chislett, 

First  Vice-President. 
Carrie  F.  Robertson, 

Second  Vice-President. 
Eliza  G.  Wiley, 

Secretary. 
Louise  Garrard, 

Curator. 

To  the  Common  Council  of  the  City  of  Indianapolis  : 

The  undersigned  resident  freeholders  of  the  City  of  Indianapolis, -Ma- 
rion County,  Indiana,  hereby  respectfully  request  that  your  honorable 
•body,  without  delay,  pass  an  ordinance  restricting  and  regulating  the 
location  of  morgues  and  the  undertaking  business  in  said  city. 

[Signed  by  three  hundred  and  seventeen  (317)  citizens.] 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Health. 

MISCELLANEOUS    BUSINESS. 

The  City  Comptroller  submitted  the  following  bond  of  City 
Treasurer  William  H.  Schmidt: 

Know  all  men  by  these  presents,  That  we,  William  H.  Schmidt,  as 
principal,  and  Otto  Stechhan,  R.  O.  Hawkins,  John  R.  Pearson,  William 
Schoppenhorst,  Hiram  W.  Miller,  Addison  C.  Harris,  Henry  Jameson, 
Henry  C.  Adams,  Andrew  Steffen,  John  R.  WTilson,  C.  F.  H.  Waterman, 
John  T.  Brush,  A.  Hagen,  Peter  Sindlinger,  J.  L.  Keach,  W.  O.  Reveal, 
Jesse  Fletcher,  Harry  S.  New,  George  W.  Huggins  and  Sterling  R.  Holt, 
as  sureties,  are  held  and  firmly  bound  unto  the  State  of  Indiana,  for  the 
use  and  benefit  of  the  City  of  Indianapolis,  Marion  County,  State  of  In- 
diana, in  the  penal  sum  of  seven  hundred  thousand  dollars  ($700,000),  to 
the  payment  of  which,  well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs,  executors  and  administrators,  jointly  and  severally,  firmly  by 
these  presents. 

Sealed  with  our  seals  and  dated  this  13th  day  of  December,  1897. 

The  condition  of  the  above  obligation  is  as  follows: 

Whereas,  The  above-named  and  bounden  William  H.  Schmidt  was,  at 
Hie  general  election  held  within  and  for  the  County  of  Marion  and  State 
of  Indiana  on  the  first  Tuesday  after  the  first  Monday  in  November,  in 
the  year  1896,  duly  elected  as  the  County  Treasurer  of  the  said  County  of 
Marion,  for  two  (2)  years  from  the  first  day  of  January,  1898,  and  until 
his  successor  should  be  elected  and  qualified;  and 


December  20,  1897.] 


CITY   OF    INDIANAPOLIS,    IND. 


89 


Whereas,  By  virtue  of  an  act  of  the  Legislature  entitled  "An  act  con- 
cerning taxation  for  city  and  school  purposes  in  cities  containing  a  popu- 
lation of  over  seventy  thousand  (70,000)  as  shown  by  the  last  census  of 
the  United  States,  to  abolish  the  offices  of  City  Assessor  and  City  Treas- 
urer in  said  cities,  and  provide  for  the  discharge  of  the  duties  of  said 
offices,  and  repealing  all  laws  in  conflict  therewith,"  approved  February 
21,  1885;  and  also  by  virtue  of  an  act  of  the  Legislature  entitled  "An  act 
Concerning  the  incorporation  and  government  of  cities  having  more  than 
one  hundred  thousand  (100,000)  population,  according  to  the  last  preced- 
ing United  States  census,  and  matters  connected  therewith,  and  declar- 
ing an  emergency,"  approved  March  6,  1891,  said  William  H.  Schmidt,  as 
such  County  Treasurer  shall  collect,  disburse  and  account  for  municipal 
taxes  of  the  City  of  Indianapolis,  and  discharge  certain  other  duties  here- 
tofore discharged  by  the  City  Treasurer  of  said  City: 

Now,  If  the  said  William  H.  Schmidt  shall  pay  over  all  moneys  which 
by  virtue  of  said  laws  and  the  ordinances  of  said  city  may  come  into  his 
hands  for  municipal  purposes,  and  so  honestly  and  faithfully  discharge 
-all  the  duties  of  his  office  so  far  as  they  relate  to  or  affect  said  city,  and 
shall  safely  keep  and  properly  account  for  and  pay  over  to  the  proper 
persons  or  authority  all  moneys  or  property  of  the  said  city  other  than 
moneys  collected  for  school  purposes  of  the  said  city,  and  shall  well  and 
truly  discharge  all  the  duties  of  his  office  according  to  lawT,  then  the 
above  obligation  shall  cease  and  become  null  and  void;  otherwise  to  re- 
main in  full  force  and  effect  in  law. 

It  is  understood  that  the  above  obligation  shall  not  be  impaired,  nor 
the  said  William  II.  Schmidt  nor  his  sureties  thereon  be  in  any  manner 
released  from  this  obligation,  by  any  modification,  change  or  repeal  of 
any  law  of  the  Legislature  of  the  State  of  Indiana  during  the  continu- 
ance of  the  said  William  H.  Schmidt  as  such  Treasurer. 

Wm.  H.  Schmidt. 


Otto  Stechhan. 
K.  O.  Hawkins. 
John  R.  Pearson. 
Wm.  Schoppenhorst. 
Hiram  W.  Miller. 
Addison  C.  Harris. 
Henry  Jameson. 
Henry  C.  Adams. 
Andrew  Steffen. 
Jno.  R.  Wilson. 


Seal. 
Seal. 
Seal. 
Seal. 
Seal. 
Seal/ 
Seal/ 
Seal. 
Seal/ 
Seal/ 


[Seal." 

C.  F.  H.  Waterman.  [Seal.] 

J.  T.  Brush.  [Seal/ 

A.  Hagen.  [Seal." 

Peter  Sindlinger.  [Seal/ 

J.  L.  Keach.  [Seal/ 

W.  O.  Reveal.  [Seal/ 

Jesse  Fletcher.  [Seal." 

Harry  S.  New.  [Seal/ 

George  W.  Huggins.  [Seal/ 

Sterling  R.  Holt.  [Seal 


State  of  Indiana,  County  of  Marion,  ss: 

Before  me,  the  undersigned,  a  notary  public  in  and  for  said  county  and 
State,  this  13th  day  of  December,  1897,  personally  appeared  William  II. 
Schmidt,  as  principal,  and  Otto  Stechhan,  R.  O.  Hawkins,  John  R.  Pear- 
son, William  Schoppenhorst,  Hiram  W.  Miller,  Addison  C.  Harris,  Henry 
Jameson,  Henry  C.  Adams,  Andrew  Steffen,  John  R.  Wilson,  C.  F.  H. 
Waterman,  John  T.  Brush,  A.  Hagen,  Peter  Sindlinger,  J.  L.  Keach,  W. 
O.  Reveal,  Jesse  Fletcher,  Harry  S.  New.  George  W.  Huggins  and  Ster- 
ling R.  Holt,  as  sureties,  and  acknowledged  the  execution  of  the  fore- 
going bond. 

Witness  my  hand  and  notarial  seal  this  13th  day  of  December,  1897. 
[Seal.]  Horace  E.  Smith, 

Notary  Public. 

Mr.  Bernauer  moved  that  the  bond  of  City  Treasurer  William 
H.  Schmidt  be  referred  to  Committee  on  Finance. 


90  journal  of  common  council.  [Regular  Meeting 

Mr.  Costello  moved  as  a  substitute  for  Mr.  Bernauer's  motion 
that  the  bond  of  City  Treasurer  William  H.  Schmidt  be  approved 
and  filed  in  the  office  of  the  City  Comptroller. 

Mr.  Costello's  motion  prevailed. 


ORDINANCES  ON  SECOND  READING. 

On  motion  of  Mr.  Costello,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

App.  O.  No.  21,  1897.  An  ordinance  appropriating  the  sum  of  eighteen 
thousand  eight  hundred  and  seventy-two  dollars  and  seventy-five  cents 
($18,872.75)  for  the  use  of  the  Department  of  Finance  of  the  City  of  In- 
dianapolis, Indiana,  and  fixing  a  time  when  the  same  shall  take  effect. 

And  was  passed  by  the  following  vote: 

Ayes  19 — viz.:  Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall, 
Harston,  Higgins,  Knight,  Little,  Madden,  Merrick,  MofFett,  McGrew, 
Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 


On  motion  of  Mr.  Higgins,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time  : 

G.  O.  No.  64,  1897.  An  ordinance  changing  the  name  of  Webster 
street  to  East  New  York  street,  and  also  changing  the  name  of  a  part  of 
East  New  York  street  to  Marlowe  avenue,  repealing  all  ordinances  and 
parts  of  ordinances  in  conflict  therewith,  and  declaring  an  emergency. 

And  was  passed  by  the  following  vote: 

Ayes  19 — viz  :  Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall, 
Harston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett,  McGrew, 
Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 


On  motion  of  Mr.  Smith,  the  following  entitled  ordinance  was 
taken  up  and  read  a  second  time: 

G.  O.  No.  63,  1897.  An  ordinance  prohibiting  persons  under  fifteen 
years  of  age  on  the  streets,  alleys  or  public  places  in  the  City  of  Indian- 
apolis, Indiana,  at  night  after  the  hour  of  nine  o'clock  p.  in.,  from 
March  1st  to  August  31st,  inclusive,  of  each  year,  and  from  September 
1st  to  the  last  day  of  February,  inclusive,  of  each  year,  after  the  hour 
of  eight  p.  m.,  and  prescribing  penalties  for  the  violation  thereof. 


December  20,  1897.]  city  of  Indianapolis,  ind.  91 

Mr.  Von  Spreckelsen  offered  the  following  amendment  to  G.  0. 

No.  63,  1897: 

Amend  by  striking  out  the  words  "Any  person  violating  the  provisions 
of  this  section  shall,  on  conviction,  be  fined  in  any  sum  not  to  exceed  five 
ilollars  for  each  offense,  and  stand  committed  until  such  fines  and  costs 
are  paid,"  in  Section  1. 

President  Mahoney  announced  that  several  ladies  and  gentle- 
men were  present  who  desired  the  privilege  of  addressing  Coun- 
cil on  G.  0.  No.  63,  1897. 

Mr.  Harston  objected  to  any  one  not  a  member  addressing 
Council,  but  subsequently  withdrew  his  objection. 

Mr.  Moffett  moved  that  the  ladies  and  gentlemen  present  be 
granted  permission  to  address  Council. 

Mr.  Bernauer  moved  to  amend  Mr.  Moffett's  motion  by  limit- 
ing the  speeches  of  each  speaker  to  five  minutes. 

Mr.  Moffett  accepted  the  amendment  and  the  motion,  as 
amended,  prevailed. 

Whereupon,  Mr.  Thos.  C.  Day,  Mr.  Alexander  Hogeland,  Mrs. 
May  Wright  Sewall  and  Police  Matron  Mrs.  Anna  Buchanan 
made  brief  remarks. 

Mr.  Smith  moved  that  Mr.  Von  Spreckelsen's  amendment  to 
G.  O.  No.  63,  1897,  be  adopted. 

Which  motion  prevailed. 

Mr.  Clark  offered  the  following  amendment  to  G.  O.  No.  63, 

1897: 

Mr.  President: 

I  offer  the  following  amendment  to  G.  O.  No.  63,  1897:  By  adding  the 
words  "or  over  forty-five  years  of  age"  after  the  words  "under  fifteen 
years"  in  Section  1. 

Mr.  Clark  moved  that  the  amendment  be  adopted. 

Mr.  Knight  moved  to  lay  Mr.  Clark's  motion  on  the  table. 

Mr.  Knight's  motion  prevailed. 

Mr.  Crall  moved  that  G.  O.  No.  63,  1897,  be  ordered  engrossed 
as  amended. 


92 


JOURNAL  OF   COMMON   COUNCIL. 


[Kegular  Meeting 


The  ayes  and  nays  being  called  for  by  Messrs.  Harston  and 
Costello,  the  roll  was  called,  which  resulted  in  the  following  vote: 

Ayes  14 — viz.:  Messrs.  Bernauer,  Bowser,  Costello,  Crall,  Harston, 
Higgins,  Knight,  Madden,  Moffett,  McGrew,  Shaffer,  Smith,  Von  Spreck- 
elsen  and  President  Mahoney. 

Nays  5 — viz.:     Messrs.  Clark,  Colter,  Little,  Merrick  and  Scanlon. 

On  motion  of  Mr.  Harston,  G.  0.  No.  63,  1897,  was  then  read  a 
third  time. 

And  was  passed  by  the  following  vote: 

Ayes  11 — viz.:  Messrs.  Bernauer,  Bowser,  Costello,  Crall,  Knight, 
Moffert,  McGrew,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Ma- 
honey. 

Nays  8 — viz  :  Messrs.  Clark,  Colter,  Harston,  Higgins,  Little,  Madden 
Merrick  and  Scanlon. 

Before  the  vote  was  announced,  Messrs.  Clark  and  Harston 
changed  their  votes  from  the  negative  to  the  affirmative,  and  Mr. 
Clark  offered  the  following: 

Mr.  President: 

I  hereby  give  notice  that  at  the  next  regular  meeting  of  the  Council  I 
will  move  a  reconsideration  of  the  vote  by  which  G.  O.  No.  63,  1897,  was 
passed. 

F.  S.  Clark. 

On  motion  of  Mr.  Clark,  the  Common  Council,  at  9:45  o'clock 
p.  m.,  adjourned. 


President. 


■i^&JcA/l^, 


City  Clerk. 


December  23,  1897.]  city  of  Indianapolis,  ind.  93 


SPECIAL  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

December  23,  1897. 


The  Common  Council  of  the  City  of  Indianapolis  met  in  the 
Council  Chamber,  Thursday  evening,  December  23,  1897,  at  8 
o'clock,  in  special  session,  pursuant  to  the  following  call: 

Indianapolis,  Ind.,  December  20,  1897. 
Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

You  are  hereby  requested  to  call  a  special  meeting  of  the  Common 
Council,  to  meet  in  the  Council  Chamber,  Thursday,  December  23,  1897, 
at  8  o'clock  r.  m.,  to  transact  such  business  as  may  come  before  said 
meeting. 

Jas.  H.  Costello. 

John  M.  Higgins. 

E.  D.  Moffett. 

Frank  S.  Clark. 

Richard  Merrick. 

Indianapolis,  Ind.,  December  20,  1897. 
To  the  Members  of  the  Common  Council: 

Gentlemen — In  pursuance  of  the  above  call  you  are  respectfully 
requested  to  meet  in  the  Council  Chamber,  Thursday,  December  23, 1897, 
at  8  o'clock  p.  m. 

Jno.  H.  Mahoney, 

President. 

I,  Charles  H.  Stuckmeper,  Clerk  of  the  Common  Council,  do  hereby 
certify  that  I  have  served  above  notice  upon  the  President  and  each 
member  of  the  Common  Council  prior  to  the  time  of  meeting,  pursuant 
to  the  rules. 

Charles  H.  Stuckmeyer, 
City  Clerk. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  18  members,  viz.:  Messrs.  Bernauer, 
Bowser,  Clark,  Colter,  Costello,  Crall,  Higgins,  Knight,  Little, 
Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Scanlon,  Shaffer, 
Smith  and  Von  Spreckelsen. 

Absent,  2 — viz.:     Messrs.  Allen  and  Harston. 


94:      _  journal  of  common  council.  [Special  Meeting 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Madden  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 


COMMUNICATIONS.    ETC.,    FROM    MAYOR. 


His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department,  ) 

City  of  Indianapolis,         I 

December  22,  1897.  ] 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir — I  have  this  day  approved  the  following  ordinance: 
App.  O.  No.  21, 1897,  the  same  being  an  ordinance  appropriating  $18,872.75 
for  the  use  of  the  Finance  Department. 

Respectfully, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


reports,  etc,  from  standing  committees. 

Mr.  Moffett,  on  behalf  of  the  Committee  on  Public  Health,  to 
which  was  referred : 

G.  O.  No.  65,  1897.  An  ordinance  regulating  the  keeping  or  standing 
of  garbage  wagons  in  the  City  of  Indianapolis,  fixing  a  penalty  for  the 
violation  thereof,  and  fixing  the  time  when  the  same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  December  23,  1897. 
Mr.  President: 

Your  Committee  on  Public  Health  has  had  under  consideration  G.  O. 
No.  65,  1897,  and  beg  leave  to  recommend  that  it  be  amended  as  follows: 

1.  By  striking  out  the  words  "at  any  one  place  in  said  city,  whether 
said  wagons  be  at  the  time  loaded  or  unloaded"  in  Section  1.  and  insert- 
ing in  lieu  thereof  the  words,  "  in  any  ward  of  said  city." 

2.  By  amending  Section  2  so  as  to  read  as  follows: 

"This  ordinance  shall  be  in  full  force  and  effect  from  and  after  the  1st 
day  of  March,  1898,  and  after  its  publication  one  day  each  week  for  two 
consecutive   weeks  in    The   San,   a  newspaper  of    general    circulation, 
printed  and  published  in  the  City  of  Indianapolis,  Indiana." 
And  that  when  so  amended  the  ordinance  be  passed. 

E.  D.  Moffett, 
John  M.  Higgins, 

Committee. 

Which  was  read  and  concurred  in. 


December  23,  1897.]  city  of  Indianapolis,  ind.  95 

Mr.  Moffett,  on  behalf  of  the  Committee  on  Public  Health,  to 
which  was  referred : 

G.  O.  No.  75,  1897.  An  ordinance  regulating-  the  location  of  morgues 
and  undertaking  establishments  in  the  City  of  Indianapolis,  Indiana. 

Made  the  following  report: 

Indianapolis,  Ind.,  December  23,  1897. 
Mr.  President: 

Your  Committee  on  Public  Health  has  had  G.  O.  No.  75,  1897,  under 
consideration,  and  recommend  it  do  pass. 

Respectfully, 

E.  D.  Moffett, 
John  M.  Higgins, 

Committee. 

And  submitted  the  following  communication  from  City  Attor- 
ney John  W.  Kern: 

City  of  Indianapolis,  ) 

Office  of  the  Department  of  Law, 
December  23,  1897.         ) 
Dr.  E.  D.  Moffett,  Councilman: 

Dear  Sir — I  prepared  the  ordinance  concerning  the  location  of 
morgues  and  undertaking  establishments,  and  have  no  doubt  as  to  the 
power  of  the  Council  to  legislate  on  the  subject. 

The  main  features  of  the  ordinance  are  similar  to  those  of  one  which 
has  been  in  force  many  years  in  Chicago.  In  fact,  nearly  all  the  leading 
cities  have  ordinances  regulating  the  location  of  places  of  business  which 
might  be  offensive  to  resident  property  owners. 

I  have  nothing  to  do  with  the  policy  or  propriety  of  passing  an 
ordinance.  I  only  speak  of  the  power  of  the  Council  to  act  in  the 
premises  in  the  manner  suggested  by  the  ordinance  in  question,  and  on 
this  point  I  am  entirely  free  from  doubt. 

Very  respectfully, 

John  W.«  Kern, 

City  Attorney. 

Which  was  read  and  concurred  in. 


MISCELLANEOUS    BUSINESS. 


Mr.  Colter  offered  and  moved  the  adoption  of  the  following 
resolution: 

Resolution  No  30,  1897.— 

Whereas,  It  is  essential  that  the  City  Clerk's  office  shall  be  accessible 
to  the  Common  Council  and  ordinances  tiled  therein  ;  and  as  it  is  the 
belief  of  the  Council  that  portable  desks  could  be  placed  in  the  Police 
Court  in  such  a  way  as  to  be  easily  removed;  therefore,  be  it 

Resolved,  That  it  is  the  wish  of  the  Common  Council  that  the  Council 
Chamber  be  transferred  to  the  new  Police  Station  building. 


96  journal  of  common  council.  [Special  Meeting 

Which  was  read  and  adopted  by  the  following  vote: 

Ayes  17 — viz  :  Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello,  Hig- 
gins,  Knight,  Little,  Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Scanlon, 
Shaffer,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 

ORDINANCES    ON    SECOND    READING. 

On  motion  of  Mr.  Moffett,  the  following  entitled  ordinance  was 
taken  up  and  read  a  second  time: 

G.  O.  No.  65,  1897.  An  ordinance  regulating  the  keeping  or  standing 
of  garbage  wagons  in  the  Citjr  of  Indianapolis,  fixing  a  penalty  for  the 
violation  thereof,  and  fixing  the  time  when  the  same  shall  take  effect. 

Mr.  Colter  offered  the  following  amendment  to  G.  O.  No.  65, 

1897: 

Mr.  President: 

I  move  to  amend  Section  No.  1  of  G.  0.  No.  65,  1897,  by  striking  out 
the  words  "or  unloaded." 

Mr.  Colter  moved  that  the  amendment  to  G.  0.  No.  65, 1897,  be 
adopted. 

Mr.  Madden  moved  to  lay  Mr.  Colter's  motion  on  the  table. 

The  ayes  and  nays  being  called  for  by  Messrs.  Colter  and  Clark, 
the  roll  was  called,  and  Mr.  Madden's  motion  adopted  by  the  fol- 
lowing vote: 

Ayes  13 — viz.:  Messrs.  Bernauer,  Bowser,  Higgins,  Knight,  Little, 
Madden,  Merrick,  Moffett,  McGrew,  Scanlon,  Smith,  Von  Spreckelsen 
and  President  Mahoney. 

Nays  5 — viz.:    Messrs.  Clark,  Colter,  Costello,  Rauch  and  Shaffer. 

Mr.  Moffett  moved  that  the  amendment  to  G.  0.  No.  65,  1897, 
as  recommended  by  the  Committee  on  Public  Health,  be  adopted. 

Which  motion  prevailed. 

On  motion  of  Mr.  Moffett,  G.  0.  No.  6o,  1897,  was  then  ordered 
engrossed,  as  amended,  read  a  third  time,  and  passed  by  the  fol- 
lowing vote: 

Ayes  14— viz.:  Messrs.  Bernauer,  Bowser,  Clark.  Higgins,  Knight, 
Little,  Madden,  Merrick,  Moffett,  McGrew,  Scanlon,  Smith,  Von  Spreck- 
elsen and  President  Mahoney. 

Nays  4— viz.:    Messrs.  Colter,  Costello,  Rauch  and  Shaffer. 


December  23,  1897.]         crTY  of  indianapolis,  ind.  97 

Mr.  Moffett  moved  for  a  reconsideration  of  the  vote  by  which 
G.  0.  No.  65,  1897,  was  passed. 

Mr.  Higgins  moved  to  lay  Mr.  Moffett's  motion  on  the  table. 
Which  motion  prevailed. 

On  motion  of  Mr.  Moffett,  the  following  entitled  ordinance  was 
taken  up  and  read  a  second  time: 

G.  O.  No.  75,  1897.  An  ordinance  regulating  the  location  of  morgues 
and  undertaking  establishments  in  the  City  of  Indianapolis,  Indiana. 

Mr.  Shaffer  requested  that  a  communication  giving  Mr.  Whit- 
sett's  views  on  G.  O.  No.  75,  1897,  be  read. 

Mr.  Bernauer  moved  that  the  Clerk  read  the  communication. 
Which  motion  prevailed. 

On  motion  of  Mr.  Moffett,  G.  O.  No.  75,  1897,  was  ordered 
engrossed  and  read  a  third  time. 

And  failed  of  passage  by  the  following  vote: 

Ayes  9 — viz.:  Messrs.  Bernauer,  Clark,  Costello,  Higgins,  Little, 
Madden,  Merrick,  Moffett  and  President  Mahoney. 

Nays  10 — viz.:  Messrs.  Bowser,  Colter,  Crall,  Knight,  McGrew,  Ranch, 
Scanlon,  Shaffer,  Smith  and  Von  Spreckelsen. 

On  motion  of  Mr.  Colter,  the  Common  Council,  at  8:45  o'clock, 
p.  m.,  adjourned. 


President. 


City  Clerk. 


January  3,  1898.]  city  of  Indianapolis,  ind.  99 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis. 

January  3,  1898 


J 


The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  January  3,  1898,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  16  members,  viz.:  Messrs.  Allen, 
Bowser,  Clark.  Colter,  Costello,  Higgins,  Knight,  Little,  Merrick, 
Moffett,  McGrew,'  Rauch,  Scanlon,  Shaffer,  Smith  and  Von 
Spreckelsen. 

Absent,  4 — viz.:     Messrs.  Bernauer,  Crall,  Harston  and  Madden. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Moffett  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

COMMUNICATIONS,    ETC.,    FROM  "MAYOR. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department, 

City  of  Indianapolis, 

December  31,  1897. 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council'. 

Dear  Sir — I  have  this  day  approved  General  Ordinance  No.  64,  1897, 
the  same  being  an  ordinance  changing  the  name  of  Webster  street  to 
East  New  York  street  and  a  part  of  East  New  York  street  to  Marlowe 
avenue.  Respectfully, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


100  journal  of  common  council.  [Regular  Meeting 


REPORTS    FROM    OFFICIAL    BOARDS. 


Communication  from  Board  of  Public  Works: 

Department  of  Public  Works,  ) 

Office  of  the  Board, 
Indianapolis,  January  3,  1898.  J 

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

Gentlemen — The  Board  of  Public  Works  directs  me  to  submit  to 
your  Honorable  Body  for  consideration  and  action  thereon  a  contract 
which  they  have  this  day  entered  into  with  the  Indianapolis  Desiccating 
Company,  granting  said  company  the  right  to  lay  and  maintain  a  rail- 
road track  on  Sellers  farm. 

Very  respectfully, 

Bart  Parker, 
Clerk  Board  Public  Works. 

Which  was  read  and  referred  to  Committee  on  Contracts  and 
Franchises. 


reports,  etc,  from  standing  committees. 

Mr  Costello,  on  behalf  of  the  Committee  on  Finance,  to  which 
was  referred : 

App.  O.  No.  22,  1897.  An  ordinance  appropriating  the  sum  of  five  hun- 
dred dollars  ($500)  for  the  use  of  the  Department  of  Public  Health  and 
Charities  during  the  year  of  1898,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  December  30,  1897. 
Mr.  President: 

Your  Committee  on  Finance,  to  whom  was  referred  App.  O.  No.  22, 
1897,  have  had  the  same  under  consideration,  and  would  recommend  its 
passage.  Kespectfully, 

Jas.  H.  Costello, 
Frank  S.  Clark, 
Edward  E.  Bernauer, 
Kobert  M.  Madden, 
Richard  Merrick, 
J.  W.  McGrew, 

E.   D.   MOFFETT. 

W.  F.  Smith, 
J.  R.  Allen, 

Committee. 

Which  was  read  and  concurred  in. 

Mr.  McGrew,  on  behalf  of  the  Committee  on  Public  Property 
and  Improvements,  to  which  was  referred: 


January  3,  1898.] 


CITY    OF   INDIANAPOLIS,    IND. 


101 


G.  0.  No.  67,  1897.  An  ordinance  establishing  the  location  of  a  mar- 
ket for  hay  and  cereals  in  the  City  of  Indianapolis,  providing  for  the 
weighing  of  the  same  by  the  City  Weighmaster,  prescribing  a  penalty 
for  the  violation  of  the  said  ordinance,  and  repealing  all  ordinances  in 
conflict  therewith. 

Made  the  following  report: 

Indianapolis,  Ind.,  December  20,  1897. 
To  the  President  and  Members  of  the  Common  Council: 

We,  your  Committee  on  Public  Property  and  Improvements,  have 
examined  and  carefully  considered  G.  0.  No.  67,  1897,  and  recommend 
its  amendment  by  substituting  in  lieu  thereof  the  accompanying  ordi- 
nance, and  when  so  amended  that  it  do  pass. 

J.  W.  McGrew, 
John  H.  Crall, 
Richard  Merrick, 

Committee. 

Which  was  read  and  concurred  in. 


INTRODUCTION    OF    GENERAL    AND    SPECIAL    ORDINANCES. 


Under  this  order  of  business  the  following  ordinances  were 
introduced: 

By  Board  of  Public  Works: 

G.  0.  No.  1,  1898.  An  ordinance  ratifying,  confirming  and  approving 
a  certain  contract  and  agreement,  made  and  entered  into  on  the  3d  day 
of  January,  1898,  between  the  City  of  Indianapolis,  by  and  through  its 
Board  of  Public  Works,  and  the  Indianapolis  Desiccating  Company, 
whereby  said  company  is  authorized  to  construct,  maintain,  lay  and 
operate  upon  the  property  of  the  City  of  Indianapolis,  comprising  a 
public  place  known  as  Sellers  Farm,  a  railroad  track,  providing  for  the 
publication  of  the  same,  and  fixing  a  time  when  the  same  shall  take 
effect. 

Whereas,  heretofore,  to-wit:  On  the  3d  day  of  January,  1898,  the 
City  of  Indianapolis,  by  and  through  its  Board  of  Public  Works,  entered 
into  the  following  contract  and  agreement  with  the  Indianapolis  Desic- 
cating Company,  namely  : 

This  Agreement,  made  and  entered  into  this  3d  day  of  January,  1898, 
by  and  between  the  City  of  Indianapolis,  Marion  County,  and  State  of 
Indiana,  hereinafter  called  the  city,  by  and  through  its  Board  of  Public 
Works,  party  of  the  first  part,  and  the  Indianapolis  Desiccating  Com- 
pany, a  corporation  organized  and  incorporated  under  and  by  virtue  of 
the  laws  of  the  State  of  Indiana,  hereinafter  called  "The  Company," 
party  of  the  second  part. 

Witnesseth,  That  the  City  of  Indianapolis,  party  of  the  first  part,  by 
and  through  its  Board  of  Public  Works,  under  and  by  virtue  of  the 
powers  conferred  upon  it  by  an  act  of  the  General  Assembly  of  the 
State  of  Indiana,  entitled  "An   act  concerning  the  incorporation  and 


102  journal  of  common  council.  [Regular  Meeting 

government  of  cities  having  more  than  one  hundred  thousand  popula- 
tion according  to  the  United  States  census  last  preceding  and  matters 
connected  therewith  and  declaring  an  emergency,"  approved  March  6, 
1891,  does  hereby  authorize  and  empower  the  said  Indianapolis  Desiccat- 
ing Company,  party  of  the  second  part,  and  by  the  terms  of  this  contract, 
consent,  permission  and  authority  are  by  said  city,  party  of  the  first  part, 
through  its  Board  of  Public  Works,  hereby  given,  granted  unto  and 
vested  in  said  company,  party  of  the  second  part,  for  the  length  of  time 
and  upon  the  terms  and  conditions  hereinafter  stipulated  the  right  to 
construct,  maintain,  lay  and  operate  upon  property  of  the  City  of  In- 
dianapolis, known  as  Sellers  Farm,  a  railroad  track  or  switch  in,  upon 
and  through  said  Sellers  Farm  and  operate  trains  thereon  for  transpor- 
tation of  garbage,  refuse  and  other  matter  usually  sent  to  Sellers  Farm, 
beginning  at  the  north  line  and  near  the  northwest  corner  of  the  south 
half  of  the  northwest  quarter  of  Section  twenty-two,  township  fifteen 
north,  range  three  (3)  east,  in  Marion  County  and  State  of  Indiana,  all 
the  space  of  ground  to  be  occupied  for  said  track  by  said  Indianapolis 
Desiccating  Company,  being  described  as  follows,  to-wit: 

Being  a  strip  of  land  forty  (40)  feet  in  width,  twenty  feet  lying  on 
each  side  of  the  following  described  line,  which  is  the  center  line  of  a 
proposed  switch  now  located  from  the  main  track  on  the  Indianapolis  & 
Vincennes  Railroad  to  the  buildings  of  the  Indianapolis  Desiccating 
Company,  located  in  the  southwest  corner  of  Section  twenty-two.  Be- 
ginning at  a  point  on  the  north  line  of  the  south  half  of  the  northwest 
quarter  of  said  Section  twenty-two,  and  seven  hundred  and  thirty-nine 
(739)  feet  east  of  the  northwest  corner  thereof ;  thence  south  thirty-two 
degrees  and  eight  minutes  east  a  distance  of  three  hundred  and  seventy- 
five  feet;  thence  on  a  curve  curving  to  the  right  with  a  radius  of  nine 
hundred  and  fifty-five  and  thirty-seven-one-hundredths  feet  for  a  dis- 
tance of  four  hundred  and  thirty- four  and  four-tenths  feet;  thence 
south  six  degrees  and  four  minutes  east  a  distance  of  twelve  hundred 
and  twenty-six  and  six-tenths  (1226.6)  feet  and  containing  an  area  of 
one  and  eighty  one-hundredths  acres. 

The  exact  location  and  amount  of  space  to  be  occupied  by  said  track 
being  more  particularly  shown  by  the  maps  attached  thereto  and  made 
part  hereof,  marked  "Exhibit  A." 

That  said  grant  to  the  said  Indianapolis  Desiccating  Company  is  upon 
the  following  terms,  conditions  and  limitations,  to-wit: 

Item  1.  The  said  Indianapolis  Desiccating  Company  shall  have  the 
right  to  lay,  maintain  and  operate  said  railroad  track,  or  switch,  upon 
said  land  until  the  1st  day  of  April,  1907,  the  date  of  the  expiration  of  the 
said  company's  lease  of  Sellers  Farm.  If  Sellers  Farm,  in  the  opinion 
of  said  Board  of  Public  Works,  is  continued  to  be  used  after  April  1, 
1907,  for  the  purposes  for  which  it  is  now  used,  to  wit:  Tallow  chand- 
leries, slaughter  houses,  abbattoirs,  fertilizer  factories,  deposit  and  de- 
struction of  garbage  and  refuse  matter,  etc.,  the  said  Indianapolis 
Desiccating  Company  shall  have  the  right,  with  the  consent  of  said 
Board  of  Public  Works,  to  continue  the  use  of  said  railroad  track,  or 
switch,  subject,  however,  to  the  rights  of  the  city  to  purchase  the  same, 
but  if,  for  any  reason,  the  Board  of  Public  Works  shall  desire  the 
removal  of  said  track,  or  switch,  and  its  appurtenances,  after  January  1, 
1907,  the  said  Indianapolis  Desiccating  Company  herein  agrees  and 
binds  itself  to  remove  such  track,  or  switch,  and  its  appurtenances  from 
said  land  within  ninety  days  after  a  written  notice  so  to  do  from  the 
Board  of  Public  Works  of  said,  city,  and  said  city  shall,  in  no  wise,  be 
liable  to  said  company  for  the  expense  of  said  removal,  or  liable  to  them 


January  3,  1898.]  city  of  Indianapolis,  ind.  103 

for  damages  incurred  by  said  company  by  reason  of  such  removal,  and 
failing  to  remove  such  railroad  track,  or  switch,  within  ninety  days  from 
such  written  notice,  the  Board  of  Public  Works,  acting  for  said  city, 
shall  have  the  right  to  take  up  and  remove  the  same,  and  the  Indian- 
apolis Desiccating  Company  hereby  agrees  to  pay  the  expense  of  such 
removal. 

Item  2.  That  said  Indianapolis  Desiccating  Company  may  transport 
over  said  line  of  railroad  all  of  the  garbage,  refuse  and  other  matter  now 
removed  and  transported  from  said  city  under  what  is  commonly  known 
as  the  Garbage  Contract,  and  in  addition  thereto  such  matter  and 
materials  as  they  may  desire  to  haul  over  said  track. 

During  the  time  said  railroad,  or  switch,  shall  be  operated  and  main- 
tained upon  said  line  by  said  Indianapolis  Desiccating  Company,  its 
successors  or  assigns,  any  other  person,  firm  or  corporation  transporting 
material  to  or  from  the  said  Sellers  Farm,  shall  have  the  right  to  trans- 
port the  same  over  the  said  line  of  railroad,  upon  the  payment  to  said 
company  of  the  rate  of  charges  or  trackage  per  loaded  car  therefor, 
fixed  by  said  company  not  exceeding  the  sum  of  $2  per  car,  it  being 
intended  by  the  parties  hereto  that  the  maximum  rate  at  any  time  for 
such  transportation  over  said  road  shall  not  exceed  the  sum  of  $2  per 
loaded  car,  and  that  no  charge  shall  be  made  for  transporting  empty  cars. 

Item  3.  At  any  time  after  January  1,  1907,  the  said  city  shall  have 
the  right,  if  it  so  desires,  upon  first  giving  90  days  written  notice  to  said 
company  to  purchase  the  said  railroad  track,  or  switch,  located  upon 
said  farm,  at  a  price  to  be  agreed  upon  by  and  between  said  City  of  In- 
dianapolis and  the  Indianapolis  Desiccating  Company,  and  in  case  said 
parties  cannot  agree  upon  the  price  to  be  paid  for  the  same,  the  said 
price  shall  be  fixed  by  three  disinterested  persons,  one  of  whom  shall  be 
chosen  by  the  said  city  and  one  by  the  Indianapolis  Desiccating  Com- 
pany, its  successors  or  assigns  and  the  third  by  the  two  thus  chosen,  and 
the  price  fixed  by  said  persons,  or  a  majority  of  them,  shall  be  the  price 
to  be  paid  by  said  city  for  said  road. 

Item  4.  It  is  understood  and  agreed  that  the  Indianapolis  Desiccating 
Company  shall  pay  all  damages  that  may  accrue  to  any  person,  or  per- 
sons, as  the  result  of  any  injury  or  damage  to  persons  or  property  grow- 
ing out  of  the  location,  construction  or  operation  of  said  railroad,  and 
said  Indianapolis  Desiccating  Company  hereby  agrees  to  hold  said  city 
free  from  all  liability  on  account  thereof. 

It  is  understood  bj^  and  between  the  parties  hereto  that  this  agree- 
ment shall,  in  no  way,  affect  the  terms  of  the  present  contract  for  the 
destruction  of  garbage  existing  between  said  city  and  said  company,  nor 
shall  it  in  any  way  affect  the  present  lease  for  said  Sellers  Farm. 

It  is  understood  that  this  agreement  and  the  rights  and  privileges 
herein  contained  apply  only  to  the  portion  of  railroad  track,  or  switch, 
to  be  constructed  by  the  Indianapolis  Desiccating  Company  upon  said 
Sellers  Farm  for  which  right-of-way  is  procured  from  said  city  upon 
said  farm. 

Upon  the  removal  of  said  railroad  track,  or  switch,  whether  volun- 
tarily by  said  Desiccating  Company,  or  upon  the  written  order  of  said 
Board  of  Public  Works,  or  the  purchase  of  said  railroad  by  the  city,  the 
rights  of  said  company,  in  and  under  this  said  contract,  to  use  the  said 
strip  of  land  for  railroad  purposes  aforesaid,  or  for  any  other  purpose 
shall  cease  and  terminate  forever. 

This  contract  shall  not  be  assigned  or  transferred  by  the  said  Indian- 
apolis Desiccating  Company  without  the  written  consent  of  the  Board  of 
Public  Works  of  said  City  of  Indianapolis. 


104:  journal  of  common  council.  [Regular  Meeting 

In  witness  whereof,  the  parties  hereto  have  hereunto  set  their  hands 
and  seals  this  3d  day  of  January,  1898. 

City  of  Indianapolis, 

By  M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery, 

Board  of  Public  Works. 
Indianapolis  Desiccating  Company, 

By  F.  M.  Bachman, 

President. 
S.  E.  Rauh, 

Treasurer. 

And  Whereas,  Said  contract  and  agreement  has  been  submitted  by 
the  Board  of  Public  Works  of  said  City  of  Indianapolis  to  the  Common 
Council  of  said  city  for  its  action  thereon;  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  That  the  foregoing  contract  and  agreement,  made  and 
entered  into  on  the  3d  day  of  January,  1898,  by  the  City  of  Indianapolis, 
Indiana,  by  and  through  its  Board  of  Public  Works,  and  the  Indianapolis 
Desiccating  Company,  be  and  the  same  is  hereby,  in  all  things,  ratified, 
confirmed  and  approved;  and  said  Indianapolis  Desiccating  Company  is 
hereby  granted  rights  and  privileges  as  in  said  contract  and  agreement 
set  forth,  in  accordance  with  the  terms,  provisions  and  conditions  thereof. 

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

Which  was  read  a  first  time  and  referred  to  Committee  on 
Contracts  and  Franchises. 


By  Mr.  Clark: 

G.  O.  No.  2,  1898.  An  ordinance  licensing  and  regulating  sparring 
and  boxing  matches  in  the  City  of  Indianapolis,  providing  a  penalty  for 
the  violation  thereof  and  fixing  the  time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  That  it  shall  be  unlawful  for  any  person  or  persons  to 
engage  in  any  sparring  or  boxing  contest,  either  as  principal,  seconds, 
manager  or  in  any  other  capacity  whatsoever,  either  directly  or  indi- 
rectly without  having  first  procured  a  license  so  to  do  as  hereinafter  pro- 
vided, and  in  no  event  shall  any  person  or  persons  as  aforesaid  engage  in 
or  be  connected  with  any  sparring  or  boxing  contest,  for  a  greater  num- 
ber than  ten  rounds  of  three  minutes  each. 

Sec  2.  Any  person  desiring  to  give  a  sparring  or  boxing  contest,  shall 
first  make  application  for  a  license  to  the  City  Comptroller,  which  appli- 
cation shall  set  forth  the  names  of  the  principals  who  are  to  engage  in 
such  contest,  and  also  the  manager  or  person  giving  or  controlling  such 
contest,  together  with  the  time  and  place  where  the  same  shall  occur, 
and  said  application  shall  also  set  forth  the  number  of  rounds  of  such 
contest  not  to  exceed  ten.  The  Comptroller  shall  thereupon  issue  a 
license  for  such  contest,  for  which  license  the  applicant  shall  pay  a  fee 
of  twenty-five  dollars.    * 

Sec  3.  The  City  Comptroller  shall  immediately  notify  the  Superin- 
tendent of  Police  of  the  issuance  of   such  license,  the  names  of  the 


January  3,  1898.]  city  of  Indianapolis,  ind.  105 

parties  engaging  in  the  same  and  the  time  and  place  at  which  the  same 
shall  occur,  and  it  shall  thereupon  be  the  duty  of  the  Superintendent  of 
Police  to  have  a  sufficient  number  of  officers  present  at  such  contest  to 
maintain  order  and  to  require  a  strict  compliance  with  the  law,  and  to 
require  that  such  sparring  or  boxing  be  limited  only  to  a  scientific  con- 
test for  points,  and  to  immediately  stop  such  contest  if  at  any  time 
either  of  the  principals  engaged  therein  transgress  beyond  the  rules 
regulating  a  scientific  boxing  contest  for  points  only,  or  at  such  time  as 
either  of  the  principals  therein  become  brutal  in  their  conduct  or  when 
the  punishment  given  by  either  of  them  shall  be  greater  than  is  neces- 
sary or  usual  in  a  scientific  boxing  or  sparring  contest  for  points  only. 
In  no  event  shall  the  Superintendent  of  Police  permit  such  contest 
except  with  gloves  weighing  at  least  five  ounces. 

Sec.  4.  Any  person  violating  any  of  the  provisions  of  this  ordinance 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding  $500,  to 
which  may  be  added  imprisonment  in  the  Work  House  of  said  city, 
not  exceeding  one  hundred  and  eighty  days. 

Sec.  5.  This  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  publication  one  day  each  week  for  two  successive  weeks 
in  The  Sun,  a  newspaper  of  general  circulation  printed  and  published 
in  the  City  of  Indianapolis. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Safety  and  Comfort. 

MISCELLANEOUS    BUSINESS. 

Mr.  Clark  moved  for  a  reconsideration  of  the  vote  by  which 
G.  O.  No.  63,  1897,  was  passed  December  20,  1897. 

Mr.  McGrew  moved  to  lay  Mr.  Clark's,  motion  on  the  table. 

The  ayes  and  nays  being  called  for  by  Messrs.  Colter  and 
Clark,  the  roll  was  called,  and  Mr.  McGrew's  motion  prevailed 
by  the  following  vote : 

Ayes  10 — viz.:  Messrs.  Allen,  Bowser,  Costello,  Knight,  Moffett, 
McGrew,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays  7 — viz.:  Messrs.  Clark,  Colter,  Higgins,  Little,  Merrick,  Eauch 
and  Scanlon. 

ORDINANCES    ON    SECOND    READING. 


On  motion  of  Mr.  Moffett,  the  following  entitled  ordinance  was 
taken  up : 

G.  O.  No.  62,  1897.  An  ordinance  to  provide  for  the  appointment  of 
an  Inspector  of  Plumbing  and  House  Drainage,  prescribing  his  qualifi- 
cations, powers  and  duties,  and  to  prescribe  the  mode  and  manner  of 
house  drainage  and  plumbing  in  the  City  of  Indianapolis;  prescribing 
penalties  for  the  violation  thereof;  providing  for  the  publication  thereof, 
and  fixing  the  time  when  the  same  shall  take  effect. 


106  journal,  or  common  council.  [Kegular  Meeting 

Mr.  Moffett  moved  that  the  recommendation  of  the  Committee 
on  Public  Health,  that  the  substitute  (see  page  72)  take  the  place 
of  G.  0.  No.  62,  1897,  be  adopted. 

Which  motion  prevailed. 

On  motion  of  Mr.  Moffett,  G.  0.  No.  62,  1897,  was  then  ordered 
engrossed,  as  amended,  read  a  third  time,  and  passed  by  the  fol- 
lowing vote: 

Ayes  16 — viz.:  Messrs.  Allen,  Bowser,  Clark,  Colter,  Costello,  Higgins, 
Knight,  Little,  Merrick,  Moffett,  McGrew,  Rauch,  Scanlon,  Shaffer,  Von 
Spreckelsen  and  President  Mahoney. 

Nays  1 — viz.:    Smith. 

On  motion  of  Mr.  Costello,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

App.  0.  No.  22, 1897.  An  ordinance  appropriating  the  sum  of  five  hun- 
dred dollars  ($500)  for  the  use  of  the  Department  of  Public  Health  and 
Charities  during  the  year  of  1898,  and  fixing  a  time  when  the  same  shall 
take  effect. 

And  was  passed  by  the  following  vote: 

Ayes  17 — viz.:  Messrs.  Allen,  Bowser,  Clark,  Colter,  Costello,  Higgins, 
Knight,  Little,  Merrick,  Moffett,  McGrew,  Rauch,  Scanlon,  Shaffer,  Smith, 
Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 

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


President. 


Gity  Clerk. 


January  17,  1898.]  city  of  Indianapolis,  ind.  107 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

January  17,  1898. 

The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  January  17,  1898,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  18  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark.  Colter,  Costello,  Crall,  Harston,  Higgins, 
Knight,  Little,  Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Smith 
and  Von  Spreckelsen. 

Absent,  2 — viz.:     Messrs.  Scanlon  and  Shaffer. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Bernauer  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

COMMUNICATIONS,    ETC.,    FROM    MAYOR. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department, 

City  of  Indianapolis, 

January  4,  1898. 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir— I  have  this  day  approved  the  following  resolution  and  ordi- 
nance : 

Resolution  No.  30,  1897,  the  same  having  relation  to  the  transfer  of  the 
Council  Chamber  to  the  new  Police  Station  building. 

G.  O.  No.  65,  1897,  the  same  being  "An  ordinance  regulating  the  keep- 
ing or  standing  of  garbage  wagons  in  the  City  of  Indianapolis." 

Respectfully, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


108  journal,  of  common  council.  [Kegular  Meeting 

His  Honor,  the  Mayor,  presented  the  following  communication: 

Executive  Department,  ] 

City  of  Indianapolis,         y 

January  6,  1898.  J 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir— I  have  this  6th  day  of  January,  1898,  signed  General  Ordi- 
nance No.  63,  1897,  the  same  being  an  ordinance  prohibiting  persons  un- 
der fifteen  years  of  age  on  the  streets,  etc.,  of  the  city  during  certain 
hours  and  other  matters  pertaining  thereto.  This  ordinance  being  com- 
monly known  as  the  "Curfew  Law." 

Respectfully, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department,  ] 

City  of  Indianapolis,         [ 
January  12,  1898. ) 
To  the  President  and  Members  of  the  Common  Council: 

Gentlemen — You  will  find  herewith  returned  to  you  General  Ordinance 
No.  62,  1S97,  without  my  signature.  While  IJavor  a  careful  regulation 
of  sanitary  plumbing  by  ordinance,  and  all  sanitary  legislation  needed 
for  protecting  the  public  health,  I  feel  that  care  should  be  exercised  in 
legislation  which  interferes  with  the  owner's  control  of  private  property,, 
'and  as  far  as  possible  the  imposition  of  any  hardship  by  such  legislation 
should  be  avoided.  The  provisions  of  Section  27  of  the  ordinance  apply 
to  a  large  majority  of  the  buildings  in  the  city,  probably  near  three- 
fourths  of  all,  and  its  enforcement  would  make  a  burdensome  expense  to 
i! he  owner,  which  in  many  cases  would  fall  on  those  who  have  recently 
borne  the  expense  of  sewer  construction  and  street  improvements.  In 
most  cases  it  would  require  not  merely  sewer  connections,  but  alteration 
in  the  construction  of  buildings  and  the  introduction  either  of  city  water 
or  force-pumps  and  water-tanks  for  flushing  purposes.  My  information 
is  that  in  cities  where  such  extensive  changes  have  been  required  Sev- 
ern 1  years  have  been  allowed  for  completing  them,  but  this  ordinance  re- 
quires immediate  action,  and  on  failure  to  comply  with  its  requirements 
on  ten  days'  notice  the  property  owner  is  subject  to  $100  fine.  Coming 
at  a  time  of  industrial  depression,  when  many  persons  lack  employment. 
iand  when  many  who  would  like  to  have  the  advantages  of  first-class 
sanitary  improvements  feel  unable  to  pay  for  them,  it  seems  to  me  that 
this  ordinance  would  impose  hardships  noif  now  justified. 

I  hope  that  your  body,  in  connection  with  the  Board  of  Health,  may 
see  its  way  clear  to  the  preparation  and  passage  of  a  plumbing  ordi- 
nance which  will  not  impose  unreasonable  hardships  on  the  community- 
one  applying  to  buildings  hereafter  constructed  and  to  work  voluntarily 
undertaken,  or  to  buildings  where  numbers  of  persons  are  employed  or 
reside.    Such  a  measure,  carefully  prepared,  I  would  be  pleased  to  sign. 

Respectfully, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


January  17,  1898.]  city  of  Indianapolis,  ind.  109 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department,  ) 

City  of  Indianapolis, 

January  12,  1898.  j 

Hon.  John  H.  Mohoney,  President  of  the  Common  Council: 

Dear  Sir— I  have  this  day  signed  Appropriation  Ordinance  No.  22, 
1897,  the  same  being  "An  ordinance  appropriating  the  sum  of  five  hun- 
dred dollars  ($500)  for  the  use  of  the  Department  of  Public  Health  and 
Charities  during  the  year  of  1898  and  fixing  a  time  when  the  same  shall 
take  effect." 

Respectfully, 

Thos.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


reports  from  city  officers. 


Communication  from  City  Comptroller: 

City  of  Indianapolis, 

Comptroller's  Office, 

January  15,  1898. 

To  the  President  and  Members  of  the  Common  Council  of  the  City  of  Indian- 
apolis: 

Gentlemen— I  herewith  submit  my  third  annual  report  and  the  sev- 
enth annual  report  since  'the  adoption  of  the  City  Charter,  showing  the 
financial  condition  of  the  City  for  the  fiscal  year  1897. 

The  permanent  bonded  debt  of  the  City  was  on  January  1,  1897, 
$1,424,500.00.  On  December  31.  1897,  $10,000,00  of  this  was  paid.  Two 
issues  of  bonds  were  made  during  the  year,  $350,000.00  Park  Improve- 
ment Bonds,  $150,000.00  Public  Safety  Bonds,  thus  making  the  bonded 
debt  of  the  City  proper  $1,914,500.00.  By  reason  of  the  annexation  of 
the  City  of  West  Indianapolis  and  the  Towns  of  Brightwood,  Mount 
Jackson  and  Haughville,  $116,000.00  of  their  debts  was  assumed  and 
must  be  paid,  thus  making  the  total  debt  January  1,  1898,  $2,030,500.00. 
The  constitutional  limit  of  2  per  cent,  at  last-named  date  was  $2,354,- 
933.00,  leaving  a  reserve  of  possible  indebtedness  of  $324,433.00 

The  current  expense  of  a  city  growing  as  rapidly  as  is  Indianapolis 
and  with  boundaries  largely  extended  must  of  necessity  be  annually 
greatly  increased.  Although  receipts  increase  also,  they  do  not  keep 
pace  with  the  demands.  A  careful  examination  of  the  tables  following 
will  show  that  receipts  and  expenditures  for  1897  are  about  equal,  and 
that  only  by  the  practice  of  the  most  rigid  economy  in  all  departments 
will  it  be  possible  to  maintain  the  present  low  tax  levy  of  60  cents  on  the 
hundred  dollars,  the  lowest  of  any  city  of  this  class  in  the  United  States. 

Respectfully  submitted, 

E.  M.  Johnson, 
City  Comptroller. 


110  journal  of  common  council.  [Regular  Meeting 


TABLE  No.  1. 

Synopsis  of  Receipts  and  Expenditures,  1897. 

Cash  on  hand  January  1, 1397. . .  $64,271  16 

Received  from  taxes $671,959  67 

Received  from  sundry  sources . . .  248,636  75 

Total  ordinary  receipts $920,596  42 

Received  from — 

Park  improvement  bonds $350,000  00 

Premium  and  interest 23,830  20 

Public  Safety  bonds 150,000  00 

Premium  and  interest 10,613  17 

Brightwood 8,252  62 

Haughville .. . .  11,954  13 

Mt.  Jackson 1,909  61 

West  Indianapolis 17,380  07 

Total  extraordinary  receipts .  573,939  80 

Total  receipts,  1897 1,494,536  22 

Total  to  be  accounted  for $1,558,807  38 

Paid  current  expenses $907,622  15 

Paid  permanent  improvements..  142,874  32 

Total  ordinary  expenditures.  $1,050,496  47 

Paid  redemption  of  bonds $14,400  00 

Paid  misc.  (see  Table  No.  4) 48,307  51 

Total  extraordinary  expendit's  62,707  51 

Total  expenditures 1,113,203  98 

Available  cash  on  hand  Jan.  1/98.  $445,603  40 


190,164  20 


January  17,  1898.]  city  of  Indianapolis,  ind.  Ill 

TABLE  No.  2. 
Current  Receipts,  1897. 

FEES. 

City  Civil  Engineer $2,068  69 

City  Comptroller 4,063  75 

East  Market 3,303  50 

Hay  Market 666  80 

Pay  patients,  City  Hospital 2,279  55 

— $12,382  29 

LICENSE. 

Auction $455  00 

Brewery 20,000  00 

Dog 4,675  00 

Dray <  •  ■  13  00 

Exhibition 880  00 

Express 199  75 

Hack 433  00 

Huckster 4,400  00 

Liquor  ....'. 120,016  00 

Pawn  broker 1,400  00  ' 

Peddler 483  00 

Hiding  gallery 30  00 

Shooting  gallery 150  00 

Vehicle 37,029  45 

MISCELLANEOUS. 

Duplicate  license  plates $20  05 

Fines  and  fees,  City  Court 4,486  25 

Fire  force 355  58 

Franchises — Central  Union  Telephone  Co 6,000  00 

Indianapolis  Light  and  Power  Co. .  9,585  83 

Guarantee  fund 18  00 

Market  leases 17,793  90 

Parks — Sale  of  old  boilers 75  00 

Privileges  at  Garfield 104  00 

Police  force 504  70 

Rebate  on  typewriter,  City  Attorney 10  00 

Refund  by  Treasurer  on  account  error,  paid  for 

street  sprinkling 16  67 

Sellers  farm  rents 135  38 

Street  and  alley  openings  and  vacation 2,960  00 

Taxes 671,959  67 

Tomlinson  Hall  rents 3,639  25 

Warrants  covered  back  into  General  Fund 46  67 

718,049  93 

Total  current  receipts $920,596  42 

extraordinary  receipts,  1897. 

Sale  park  improvement  bonds,  1897 $350,000  00 

Premium  on  above  bonds 23,485  00 

Accrued  interest 345  20 

Sale  of  Indianapolis  Public  Safety  bonds  of  1897. .  150,000  00 

Premium  and  interest  on  same 10,61 3  17 

Brightwood  annexation 8,252  62 

Haughville  annexation 11,954  13 

Mt.  Jackson  annexation 1,909  61 

West  Indianapolis  annexation 17,380  07 

Total  extraordinary  receipts 573,939  80 

Total  receipts,  1897 $1,494,536  22 


112  journal  of  common  council.  [Regular  Meeting 

TABLE  No.  3. 
Appropriations,  Expenditures  and  Balances,  1897. 


FUND. 


Appropriation.        Expenditure 


Balance. 


Finance  Department. 

Assessing  city  property 

Blank  books,  stationery  and  sup  . 

Election  expenses 

Improvement  bonds  of  1896 

Interest  and  exchange,  city  bonded 

indebtedness 

Liquor  license  rebates 

Miscellaneous  expense  city  offices 

Salaries 

Special  Police  J  udge 

Viaduct  fund 

Town  Funds. 

Brightwood  fund 

Haughville  fund 

Mt.  Jackson  fund 

West  Indianapolis  fund   

Payment  of  outstanding  bonds. . . 

Department  of  Public  Works. 

Assessment  roll,  clerks'  salaries  . . 
Blank  books,  printing  and  stat'ry . 

Bridges - 

Bridge  gang  pay-roll 

Cisterns 

City  Civil  Engineer,  accounts.  .  . . 

City  Civil  Engineer,  salaries 

City  garbage  disposal  and  Sellers 

farm 

City  Hall  accounts 

City  Hall  janitors 

City  Hospital — 

Laundry  and  boiler  house,  new 
north  wing 

Engines  and  boilers 

Miscellaneous  uses 

New  north  wing 

Collection  and  delivery  of  garbage 
Electric  light  plant,  Hospital. . . . 

Electric  lights 

Erroneous  assessments 

Fountains  and  wells 

Furniture  and  fixtures 

Gas  lights 

Haughville  street  improvements  . 
Improvem't  r'dw'y  Kentucky  ave 

Incidental  expenses 

Insurance  

Maintenance  Brightw'd  waterw'ks 


$2,500  00 

$2,500  00 

2,000  00 

1,763  70 

10,876  23 

10,876  23 

10,000  00 

10,000  00 

75,909  73 

75,909  73 

38  35 

38  35 

4,000  00 

3,670  62 

53,420  00 

53,378  04 

150  00 

150  00 

5,000  00 

5,000  00 

2,600  00 

2,600  00 

12,914  81 

12,652  50 

500  00 

495  98 

2,800  00 

2,465  35 

4,400  00 

4,400  00 

6,500  00 

5,732  60 

2,500  00 

2,350  33 

24,000  00 

24,000  00 

8,000  00 

7,896  19 

1,000  00 

803  09 

1,000  00 

999  42 

25,101  48 

25,101  48 

10,900  00 

10,900  00 

4,300  00 

4,241  94 

1,500  00 

1,500  00 

338  14 

331  56 

1,190  47 

1,190  47 

1,186  11 

1,175  34 

519  00 

511  74 

20,000  00 

16,849  97 

2,000  00 

1,903  56 

90,000  00 

90,000  00 

2,000  00 

1,151  68 

1,000  00 

679  74 

500  00 

437  12 

3,500  00 

3,402  78 

2,500  00 

2,500  00 

5,800  00 

5,800  00 

500  00 

408  34 

500  00 

492  33 

1,884  00 

1,788  11 

$236  30 

329  38 
4L  96 

• 

262  31 

4  02 

334  65 

767  40 
149  67 

103  81 
196  91 

58 

58  06 

6  58 

10  77 

7  26 

3,150  03 

96  44 

848  32 

320  26 

62  88 

97  22 

91  66 

7  67 
95  89 

January  17,  1898.]  city  of  Indianapolis,  ind. 

TABLE  No.  3— Continued. 


113 


FUND. 


Appropriation.        Expenditure. 


Balance. 


Department  of  Public  Works 
Continued. 

Maintenance  and  repair  of  streets, 
including  pay-roll 

New  Central  and  sub-stations,  in- 
cluding purchase  of  real  estate. 

New  engine  houses 

Payment  of  assessments 

Pogue's  Run  repairs 

Public  buildings  and  repairs  .... 

Purchase  and  del. of  housenumbers 

Repairing  permanently  imp'd  sts. 

Road  roller 

Sewers 

Sewer  gang  pay-roll 

South  Side  market  

Street  openings  and  vacations  .  .  . 

Street  repair  accounts 

Sweeping  and  cleaning  imp'd  sts  . 

Telephones 

Tomlinson  Hall  accounts 

Tomlinson  Hall  janitors 

Vapor  lights 

Water 

Department  of  Public  Safety. 

Fire  Force. 
Fire  alarm  telegraph  department. 

Fuel  gas  and  coal 

Furniture 

Harness  and  repairs 

Horse  feed 

Horse  shoeing 

Illuminating  gas 

Miscellaneous  supplies 

New  apparatus 

New  hose 

Pay-roll 

Printing  and  stationery 

Purchase  of  new  horses 

Repairs  to  apparatus  .    

Repairs  to  buildings 

Repairs  to  cisterns  

Soda  and  acids 

Special  medical  services 

Telephone  service 

Police  Force. 

Building  repairs  Station  House  .  . 

•Cow  pounds  

Emergency  police  service 

Fuel  gas  

Gas  and  electric  lights 

Horse  feed 


$55,000  00 

110,000  00 
1,445  00 
3,000  00 

15,000  CO 
4,000  00 
3,000  00 

10,000  00 
3,500  00 
1,000  00 

10,500  00 

12,000  00 

800  00 

8,000  00 

55,000  00 

240  00 

2,150  00 

2,500  00 

4,400  00 

74,300  00 


2,816  00 

2,000  00 

400  00 

480  00 

4,500  00 

1,600  00 

750  00 

2,700  00 

2,500  00 

2,000  00 

.4,580  57 

75  00 

1,200  00 

1,900  00 

2,550  00 

250  00 

500  00 

156  00 

485  23 

150  00 

125  00 

^700  00 

150  00 

800  00 

460  00 

$54,839  86 

$160  14 

78,097  58 

31,902  42 

1,445  00 
3,000  00 

14,999  58 

42 

1,837  00 

2,163  00 

2,999  71 

29 

9,983  63 

16  37 

3,218  75 

281  25 

999  50 

50 

9,256  59 

1,243  41 

•   12,000  00 

793  85 

6  15 

7,999  69 

31 

52,199  85 

2,800  15 

199  63 

40  37 

2,104  11 

45  89 

2,495  75 

4  25 

4,394  04 

5  96 

73,800  22 

499  78 

2,644  43 

171  57 

1,633  02 

366  98 

351  97 

48  03 

462  43 

17  57 

4,497  24 

2  76 

1,501  83 

98  17 

725  90 

24  10 

2,692  16 

7  84 

2,014  60 

485  40 

1,995  39 

4  61 

133,860  71 

719  86 

73  75 

1  25 

1,197  50 

2  50 

1,701  51 

198  49 

2,427  90 

122  10 

223  55 

26  45 

367  63 

132  37 

156  00 

450  23 

35  00 

149  48 

52 

69  00 

56  00 

310  00 

390  00 

84  65 

65  35 

647  45 

152  55 

428  54 

31  46 

114 


journal  of  common  council.  [Kegular  Meeting 

TABLE  No.  3— Continued. 


FUND. 


Appropriation. 


Expenditure. 


Balance. 


Police  Force — Continued. 

Incidental  expense 

New  horses 

Pay-roll 

Prisoners'  meals 

Secret  service 

Stable  rent 

Telephone  service 

Wagon  repairs 

East  Market. 

Cleaning  buildings  and  grounds.  . 

Current  expense 

Gas 

Printing  and  stationery 

Kepairs  to  buildings 

Salaries 

Hay  Market. 

Incidental  expense 

Printing  and  stationery 

Kent  of  grounds 

Salary  of  Weighmaster 

Board's  Office. 

Equipment  new  Central  and  sub- 
stations and  expense  bond  issue 

Incidental  expense 

Printing  and  stationery 

Department  of 
Public  Health  and  Charity. 

Board's  Office. 

Ambulance  and  driver 

Cutting  weeds 

Horse  board 

Incidentals 

Laboratory 

Office  salaries 

Prevention  of  contagious  diseases. 

Printing  and  stationery 

Public  charity 

City  Hospital. 

Ambulance,  horses  and  harness  . . 

Artificial  gas 

Cold  storage  room 

Drugs 

Drug  room 

Dry  goods 

Furniture 


$1,500  00 
500  00 
119,622  17 
1,550  00 
300  00 
600  00 
635  00 
500  00 


675  00 
350  00 

2,500  00 

50  00 

250  00 

3,900  00 


80  00 

60  00 

390  00 

1,200  00 


50,613  17 
175  00 
175  00 


700-  00 

200  00 

360  00 

275  00 

1,000  00 

4,927  50 

500  00 

250  00 

600  00 

450  00 

600  00 

225  00 

1,500  00 

100  00 

1,000  00 

200  00 

$1,499  24 
425  00 
119,596  45 
1,303  28 
212  85 
524  55 
622  21 
412  00 


675  00 
348  53 

2,494  12 

14  25 

166  56 

3,783  75 


14  00 

22  50 

360  00 

1,200  00 


721  70 
169  85 
174  40 


609  96 
192  52 
360  00 
230  63 
584  58 
4,835  25 
279  68 
241  08 
600  00 


449  90 
471  09 
225  00 

1,499  17 
100  00 

1,000  00 
199  93 


$0  76 

75  00 

25  72 

2,46  72 

87  15 
75  45 
12  79 

88  00 


1  47 

5  88 

35  75 

83  44 

116  25 

66   00 

37  50 

30  00 

49,891  47 

5  15 

60 


90  04 
7  48 


44 

37 

415 

42 

92 

25 

220 

32 

8 

92 

10 

128 

91 

83 

07 


January  17,  1898.]  city  of  Indianapolis,  ind. 

TABLE  No.  3— Continued. 


115 


FUND. 


Appropriation. 


Expenditure. 


Balance. 


City  Hospital — Continued. 

Gas  supplies 

Hardware 

Horse  shoeing 

Kitchen  outfit 

Knives,  forks  and  dishes 

Laboratory 

Miscellaneous  expense 

Natural  gas 

Nursing 

Paints  and  painting 

Plumbing 

Printing  and  stationery 

Provisions 

Queensware  

Repairs 

Salaries 

Stable  supplies 

Surgical  instruments  and  supplies 

Telephone  service 

Water t 

City  Dispensary. 

Drugs 

Dry  goods 

Groceries 

Illuminating  gas 

Incidentals 

Laundering 

Natural  gas 

Printing  and  stationery 

Salaries 

Surgical  instruments  and  supplies 

Telephone  service 

Transportation 


Department  of  Public  Parks 

Brookside  and  Elmwood 

Orange  avenue  improvement 
Garfield  Park — 

Bridge  over  Bean  Creek 

Buildings  

Electric  lighting 

Extension  of  water  pipes 

Filling  about  dam 

Maintenance 

Masonry  work 

Outlet  pipe,  dam 

New  work,  materials,  etc 

Improvement  of  Raymond  st  . . 


$50  00 
100  00 
40  00 
583  00 
150  00 
350  00 
650  00 

1,800  00 

3,800  00 
200  00 
150  00 
150  00 

8,670  00 
150  00 
300  00 

6,669  25 

300  00 

700  00 

54  40 

400  00 


1,200  00 
35  00 
30  00 
80  00 
70  00 
60  00 
35  00 
70  00 

2,940  00 

175  00 

51  00 

100  00 


500  00 
515  61 

3,000  00 

1,500  00 

1,530  00 

1,500  00 

800  00 

4,000  00 

3,571  00 

592  00 

1,500  00 

1,954  82 


$49  25 
100  00 
40  00 
583  00 
149  77 
349  96 
649  89 

1,799  60 

3,799  92 
199  95 
149  63 
149  75 

8,669  42 
149  65 
299  9-9 

6,650  57 

298  80 

699  65 

54  40 

400  00 


1,197  18 

34  32 
26  87 

67  41 
70  00 
52  00 

35  00 

68  55 
2,939  79 

174  80 
51  00 
99  75 


495  13 
515  61 

3,000  00 

1,499  69 

1,390  39 

1,498  49 

799  37 

3,999  82 

3,569  50 

'592  00 

1,496  48 

1,954  82 


$0  75 


23 

04 
11 
40 
08 
05 
37 
25 
58 
35 
01 
18  68 
1  20 
35 


2  82 
68 

3  13 
12  59 

8  66 


1  45 
21 
20 


25 


4  87 


31 

139  61 

1  51 

63 

18 

1  50 

3  52 

116 


journal  of  common  council.  [Kegular  Meeting 

TABLE  No.  3— Continued. 


FUND. 


Appropriation. 


Expenditure. 


Balance. 


Department  of  Public  Parks. 

Continued. 
Greenlawn  Cemetery — 

Cleaning  up  and  improvements 

Light 

Maintenance 

Military  Park 

Oriole,  Hendricks,  Fletcher  and 

Christian  Places 

St.  Clair  Square 

University  Square 

Engineering 

Floriculture — 

Feed,  fuel  and  green  house  sup. 

Fireman  and  teamster  ........ 

Florists 

Gardener 

Labor  and  expense,  bond  issue. .  . 
New  park  purchase,  real  estate. 
Office 

Department  of  Law. 

Change  of  venue  cases 

Judgments,  compromises  and  costs 

Office  rent  and  expenses 

Special  assistant  counsel  and  ex- 
pense, St.  Kailroad  litigation. .  . 

Transcripts,  printing  of  briefs  and 
stationery 

Totals 


$1,000  00 

500  00 

1,000  00 

3,000  00 

2,000  00 

1,800  00 

2,500  00 

2,500  00 

500  00 

720  00 

910  00 

900  00 

68,867  20 

300,000  00 

4,200  00 


500  00 

12,000  00 

240  00 

4,894  70 

300  00 


$1,602,911  94 


12 

122  62 

999  90 

2,999  54 

1,844  47 
1,799  77 
2,403  95 
2,493  82 

499  18 

655  50 

810  06 

850  50 

4,837  16 

1,112  71 

4,199  90 


4,340  47 
192  39 

908  32 

264  90 


$1,113,203  98 


377  38 
10 

46 

155  53 

23 

96  05 

6  18 

82 
64  50 
99  94 

49  50 
64,03o  04 

298,887  29 
10 


500  00 

7,659  53 

47  61 

3,986  38 

35  10 


$489,707  96 


KECAPITULATION. 

Amount   warrants  issued  prior  to  March  9,  1891,  outstanding 

January  1 ,  1897 _  $138  34 

Amount  issued  since  said  date,  outstanding  January  1,  1897. . .  .  76,311  52 

Amount  issued  January  1,  to  December  31,  1897,  inclusive 1,113,203  98 

Total $1,189,653  84 

Amount  of  warrants  redeemed 1,103,495  75 

Amount  of  warrants  outstanding  December  31,  1897 $86,158  09 

•Cash  on  hand  December  31,  1897 $531,761  49 

Warrants  outstanding 86,158  09 

Cash  available  January  1, 1898   $445,603  40 


January  17,  1898.] 


CITY    OF    INDIANAPOLIS,    IND. 


117 


TABLE  No.  4. 
Statement  of  Expenditures,  1897. 


Current 
Expenses, 
Including 
Salaries. 


Extraor- 
dinary Dis- 
bursements. 


Expendi- 
tures in  Per- 
manent Im- 
provements. 


Totals. 


Finance  Department. 

$14,400  00 
4,678  33 
18,213  83 

$71,231  40 

Salary  and  expense" 

39,480  71 
10,876  23 

5,000  00 
17,999  29 

$163,880  50 
544,732  13 

Department  of  Public  Works.  . . 

Department  of  Public  Safety. 
Office 

402,647  85 

5,144  25 

158,252  75 

7,482  21 

1 ,596  50 

125,960  76 

$124,084  99 

725  00 

324  00 
721  70 

Equip' t  of  new  Central  and  Sub-Sta. 

Department  of  Public  Health 
and  Charities. 

300,207  11 

11,033  70 
29,188  29 
4,816  67 

28,004  81 

45,038  66 

Department  of  Public  Parks. 

1,112  71 

854  48 
448  87 

Bridges,  dam,  street  improvement. 

17,018  63 

47,439  50 

11,906  08 

11 ,906  08 

Totals 

$907,622  15 

$62,707  51 

$142,874  32 

$1,113,203  98 

-Including  Mayor,  Comptroller,  Treasurer,  Auditor,  Police  Court,  City  Council  and 
Assessing. 


118 


JOURNAL   OF  COMMON   COUNCIL. 


[Regular  Meeting, 


TABLE  No.  5. 
Statement  of  Expenditures,  1896. 


Items. 

Current 
Expenses, 
Including 

Salaries. 

Extraor- 
dinary Dis- 
bursements. 

Expendi- 
tures in  Per- 
manent Im- 
provements. 

Totals. 

Finance  Department.* 

$545,000  00 

$57,764  88 
34,690  16 

341,597  02 

5,075  61 
135,193  30 

7.381  28 

1,987  90 

116,436  76 

10,272  83 
25.722  23 
4,591  16 

13,110  74 

9,111  73 

$637,455  04 

$9,771  41 

351,368  43 
5,075  61 

Department  of  Public  Safety. 
Office 

52,330  17 

187,523  47 

7,381  28 

1,987  90 

387  50 

116,824  26 

Department  of  Public  Health. 

10,272  83 

34,684  27 

60,406  50 

4,591  16 

Department  of  Public  Parks. . . 

21,888  81 

34,999  55 

Department  of  Law 

9,111  73 

Totals 

$762,935  60 

$545,000  00 

$119,062  16 

$1,426,997  76 

"Including  expenses  of  Mayor's  office,  City  Comptroller's  office,  City  Treasurer,  Coun- 
cil, Auditor,  and  Police  Court. 


TABLE   No.  6. 
Statement  of  Taxable  Property  and  Taxes  Collected. 


Year. 

Assessed  Valuation. 

Taxes  Collected. 

1891 

$93,595,930 
98,230,242 
103.317.880 
104,215,385 
105,637,860 
108,285,915 
117,746,670 

$541,598  85 
566,257  61 
608,796  48 
648,430  17 
608,672  12 
671,959  67 
Payable  in  1898 

1892 

1893 

1894 

1895 

1896 

1897 

Rate,  60  cents  on  $100  each  year. 

Limit  of  indebtedness,  2  per  cent.,  $2,354,933. 


January  17,  1898.] 


CITY   OF   INDIANAPOLIS,   IND. 


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120  journal  or  common  council.  [Kegular  Meeting 

Which  was  read  and  referred  to  Committee  on  Finance. 

Communication  from  City  Comptroller: 

Department  of  Finance, 

Office  of  City  Comptroller, 

Indianapolis,  Ind/,  Jan.  17,  1898. 

To  the  President  and  Members  of  the  Common  Council  of  the  City  of  Indian- 
apolis: 

Gentlemen— I  respectfully  recommend  that  an  appropriation  be  made 
for  Mrs.  Ella  O'Connor,  widow  of  Eugene  O'Connor,  deceased,  the  sum 
of  one  hundred  and  twenty-five  dollars  ($125.00). 

Said  Eugene  O'Connor  was  operating  a  saloon  at  No.  300  West  Mary- 
land street,  under  license  which  would  have  expired  June  8,  1898;  said 
Eugene  O'Connor  having  died  on  December  9,  1897,  the  above  amount 
being  a  rebate  on  his  liquor  license  from  June  8,  1897,  to  December  9, 
1897. 

Respectfully  submitted, 

E.  M.  Johnson, 
City  Comptroller. 

With  the  following  petition: 

To  the  Common  Council  of  the  City  of  Indianapolis,  Indiana  ; 

Gentlemen — Your  petitioner  respectfully  shows  to  your  honorable  body 
that  heretofore,  to-wit,  on  the  9th  day  of  December,  1897,  the  husband 
of  petitioner  departed  this  life.  That  on  the  18th  day  of  June,  1897,  be 
secured  a  license  to  sell  intoxicating  liquors  in  Jess  quantities  than  a 
quart  at  a  time;  that  he  paid  therefor  the  sum  of  two  hundred  and  fifty 
dollars  ($250.00);  that  said  license  so  granted  would  expire  on  the  8th 
day  of  June,  1898;  that  your  petitioner  is  entitled  to  the  sum  of  one  hun- 
dred and  twenty-five  dollars  for  the  period  of  six  months,  to-wit,  from 
the  9th  day  of  December  until  the  9th  day  of  June,  1898,  under  an  act 
entitled  "in  act  to  better  regulate  and  restrict  the  sale  of  intoxicating, 
spirituous,  vinous  and  malt  liquors,  etc.,  approved  March  11,  1895  (known 
as  the  Nicholson  Law). 

Wherefore  your  petitioner  asks  that  said  sum  of  one  hundred  and 
twenty-five  dollars  ($125.00)  be  paid  to  her  and  that  the  Comptroller  of 
the  City  of  Indianapolis  be  instructed  to  draw  his  warrant  on  the  City 
Treasurer  for  said  sum  in  favor  of  this  petitioner. 

Respectfully, 

Ella  O'Connor 
Jno.  L.  Reardon, 

Attorney  for  Petitioner. 

Which  was  read  and  referred  to  Committee  on  Accounts  and 
Claims. 

reports,  etc.,  from  standing  committees. 

Mr.  Colter,   on  behalf   of   the  Committee   on    Contracts  and 

Franchises,  to  which  was  referred: 

G.  O.  No.  73,  1897.  An  ordinance  concerning  vapor  lights,  and  ratify- 
ing, confirming  and  approving  a  certain  agreement  made  and  entered  into 
on  December  13,  1897,  between  the  City  of  Indianapolis,  by  and  through 
its  Board  of  Public  Works,  and  the  Sun  Vapor  Street  Light.  Company, 
and  matters  connected  therewith,  and  fixing  a  time  when  the  same  shall 
take  effect. 


January  17,  1898.]  city  of  Indianapolis,  ind.  121 

Made  the  following  report: 

Indianapolis,  Ind.,  January  17,  1898. 
Mr.  President'. 

We.  your  Committee  on  Contracts  and  Franchises,  have  carefully  ex- 
amined G.  O.  No.  73,  1897,  and  recommend  that  the  same  do  pass. 

Geo.  R.  Colter, 
John  A.  Von  Spreckelsen, 
W.  W.  Knight, 
E.  W.  Little, 
Jas.  H.  Costello, 
Albert  E.  Rauch, 
Robert  M.  Madden, 

Committee. 

Which  was  read  and  concurred  in. 

Mr.  Clark,  on  behalf  of  the  Committee  on  Public  Safety  and 

Comfort,  to  which  was  referred: 

G.  O.  No.  74,  1897.  An  ordinance  amending  Section  33  of  an  ordinance 
creating  the  office  of  Building  Inspector,  defining  the  power  and  duties 
attached  hereto,  authorizing  the  inspection  of  buildings  and  other  struc- 
tures, regulating  their  construction,  repair  and  removal,  requiring  the 
issuance  of  a  license  or  permit  in  such  cases  before  any  work  shall  be  be- 
gun, regulating  the  building  of  party  walls  and  partition  fences,  prescrib- 
ing in  what  proportion  adjoining  owners  shall  bear  the  expense  of  the 
same,  in  what  manner  such  expense  shall  be  levied  and  collected,  and  de- 
fining the  terms  upon  which  partition  walls  already  established  may  be 
used  by  adjoining  owners,  fixing  a  penalty  for  the  violation  thereof,  re- 
pealing certain  ordinances,  providing  for  publication,  and  fixing  the  time 
when  the  same  shall  take  effect,  approved  September  10,  1894. 

Made  the  following  report: 

Indianapolis,  Ind.,  January  12,  1898. 
Mr.  President: 

We,  your  Committee  on  Public  Safety  and  Comfort,  have  had  under 
consideration  G.  O.  No.  74,  1897,  and  hereby  recommend  its  passage. 

Frank  S.  Clark, 
Albert  E.  Rauch. 
T.  A.  Bowser, 
E.  D.  Moffett, 

Committee. 

Which  was  read  and  concurred  in. 

APPROPRIATION    ORDINANCES. 

Under  this  order  of  business,  the  following  ordinance  was  intro- 
duced: 

By  Mr.  Costello: 

App.  O.  No.  1,  1898.  An  ordinance  appropriating  the  sum  of  one  hun- 
dred and  twenty-five  dollars  ($125.00)  with  which  to  pay  a  certain  claim 
made  by  virtue  of  Section  8,  of  an  act  entitled  "An  act  to  better  regulate 
and  restrict  the  sale  of  intoxicating  and  malt  liquors,"  etc.,  approved 
March  11,  1895,  and  fixing  the  time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  Indi- 
anapolis, Indiana,  That  the  sum  of  one  hundred. and  twenty-five  dollars 


122  journal  of  common  council.  [Regular  Meeting 

($125.00)  be  and  the  same  is  hereby  appropriated  to  pay  the  following 
claim,  made  under  and  by  virtue  of  Section  8  of  an  act  of  the  General 
Assembly  of  the  State  of  Indiana,  entitled  "An  act  to  better  regulate 
and  restrict  the  sale  of  intoxicating  liquors,"  approved  March  11,  1895: 

Ella  O'Connor,  widow  of  Eugene  O'Connor,  deceased,  the  sum  of  one 
hundred  and  twenty-five  dollars  ($125.00), 

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

Which  was  read  a  first  time  and  referred  to  Committee  on 
Accounts  and  Claims. 


INTRODUCTION    OF    GENERAL   AND   SPECIAL    ORDINANCES. 

Under  this  order  of  business  the  following  ordinances  were 
introduced: 

By  Mr.  Higgins: 

G.  O.  No.  3,  1898.  An  ordinance  regulating  the  location  of  morgues 
and  undertaking  establishments  in  the  City  of  Indianapolis,  Indiana. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  Indi- 
anapolis, Indiana,  That  it  shall  not  be  lawful  for  any  person  to  locate, 
build,  construct,  maintain  or  keep  or  continue  to  maintain  or  keep  in  any 
block  or  square  of  any  street  in  the  City  of  Indianapolis,  Indiana,  in 
which  block  or  square  three-fourths  of  the  buildings  on  both  sides  of  the 
street  are  devoted  to  exclusive  residence  purposes,  any  morgue  or  under- 
taking establishment  within  two  hundred  feet  of  any  such  residence,  on 
either  side  of  such  street  unless  the  owners  of  a  majority  of  the  lots  in 
such  block  or  square  fronting  or  abutting  on  such  street  consent  in 
writing  to  the  location,  construction,  maintenance  or  keeping  of  such 
morgue  or  undertaking  establishments  therein.  Such  written  consent 
shall  be  filed  with  the  City  Clerk  before  a  permit  shall  be  issued  by  the 
Comptroller  for  the  erection  or  repair  of  any  building  to  be  used  for  such 
purpose  and  before  any  person  shall  be  permitted  to  keep  or  maintain 
or  continue  to  keep  or  maintain  any  such  morgue  or  undertaking  estab- 
lishment in  any  such  block  or  square:  Provided,  however,  That  this  ordi- 
nance shall  not  appply  to  any  morgue  or  undertaking  establishment 
already  established  and  doing  business  on  any  such  block  or  square  at 
the  time  of  the  passage  of  this  ordinance. 

Sec.  2.  Any  person,  firm  or  any  officer  or  agent  of  a  body  corporate 
violating  any  of  the  provisions  of  the  foregoing  section  by  erecting  or  re- 
pairing any  building  to  be  used  for  a  morgue  or  undertaking  establish- 
ment, or  by  maintaining  or  keeping  or  continuing  to  maintain  or  keep 
any  morgue  or  undertaking  establishment  on  any  street,  in  any  block  or 
square  described  therein,  without  first  filing  in  the  office  of  the  City 
Clerk  the  written  consent  of  the  owners  of  a  majority  of  the  lots  abut- 
ting on  such  street  in  said  block  or  square,  to  the  location,  construction, 
maintenance  or  keeping  of  such  morgue  or  undertaking  establishment,  as 
provided  in  said  section,  shall,  on  conviction  therefor,  be  fined  in  any  sum 
not  less  than  twenty-five  nor  more  than  seventy-five  dollars  for  each 
offense,  and  each  day  that  such  morgue  or  undertaking  establishment  is 
maintained  or  kept  or  continued  to  be  maintained  or  kept  shall  be 
deemed  a  separate  and  distinct  violation  of  such  provisions. 

Sec.  3.  This  ordinance  shall  be  in  force  from  and  after  its  publica- 
tion once  each  week  for  two  consecutive  weeks  in  The  Sun,  a  newspaper 
having  general  circulation  in  said  city. 


January  17,  1898.]  city  of  Indianapolis,  ind.  123 

Which  was  read  a  first  time  and  referred    to   Committee  on 
Public  Health. 


By  Mr.  Little: 

G.  O.  No.  4,  1898.  An  ordinance  providing  that  city  employes  shall 
receive  their  pay  from  the  city  at  least  once  every  two  weeks  and  may  be 
advanced  fifty  per  cent,  of  any  money  due  them  from  the  city  upon 
proper  application  showing  dire  necessity  for  the  same. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  Indi- 
'anapolls,  That  all  employes  of  said  city  shall  receive  their  pay  at  least 
once  every  two  weeks,  and  said  employes  may  be  advanced  fifty  per- 
cent, of  any  money  due  them  upon  proper  application  showing  dire  neces- 
sity for  the  same  during  their  employment  with  said  city. 

Sec.  2.  This  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  publication  for  one  day  each  week  for  two  consecutive 
weeks  in  The  Indianapolis  Sun,  a  daily  newspaper  of  general  circulation. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Judiciary. 


By  Mr.  Harston : 

G.  O.  No.  5,  1898.  An  ordinance  providing  for  the  licensing  of  con- 
certs and  theatrical  performances  to  be  given  and  exhibited  on  Sunday. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  Indi- 
anapolis, Indiana,  That  any  person  or  company  desiring  to  give  any  con- 
cert or  theatrical  performance  in  said  city  on  the  first  day  of  the  week, 
commonly  called  Sunday,  in  any  theater  or  other  building  suitable  for 
the  purpose,  shall,  before  giving  the  same,  procure  a  license  therefor 
from  the  City  Comptroller,  as  hereinafter  provided. 

Sec.  2.  Whenever  any  person  shall  apply  to  the  City  Comptroller  for 
a  license  to  give  any  concert  or  theatrical  performance  on  Sunday  in  said 
city,  as  provided  in  Section  1,  and  shall  pay  to  said  Comptroller  the  sum 
of  five  dollars  therefor,  the  said  Comptroller  shall  issue  to  said  person 
such  license  authorizing  the  giving  of  such  performance  or  concert. 

Sec.  3.  The  said  license  shall  not  authorize  the  giving  of  any  concert 
-or  theatrical  performance  of  a  lewd,  unchaste  or  immoral  character,  and 
any  person  or  persons  engaging  in  any  concert  or  performance  of  a  lewd, 
unchaste  or  immoral  character  shall  be  fined  in  any  sum  not  less  than 
five  nor  more  than  fifty  dollars. 

Sec.  4.  The  Superintendent  of  Police  is  hereby  required  to  see  that 
no  immoral,  lewd  or  unchaste  performance  is  given  by  any  person  or  per- 
sons acting  under  any  license  given  by  the  Comptroller  as  herein  pro- 
vided, and  he  or  any  member  of  the  police  force  is  authorized  to  stop  any 
such  performance  when  the  same  is  of  such  immoral,  lewd  or  unchaste 
character. 

Sec.  5.  This  ordinance  shall  be  in  force  from  and  after  its  passage 
and  publication  for  two  consecutive  weeks  in  The  Sun,  a  daily  newspaper 
published  in  said  city. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Safety  and  Comfort. 


124  journal  of  common  council.  [Regular  Meeting 

By  Mr.  Little: 

G.  O.  No.  6,  1898.  An  ordinance  fixing  the  maximum  rate  to  be 
charged  for  the  use  of  electric  lights,  providing  a  penalty  for  the  viola- 
tion thereof  and  repealing  all  ordinances  in  conflict  therewith  and  de- 
claring an  emergency. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  Indi- 
anapolis, Indiana,  That  it  shall  be  unlawful  for  any  person,  persons,  cor- 
iioration  organized  under  the  laws  of  the  State  of  Indiana,  or  any  asso- 
ciation or  company,  to  charge,  demand  or  receive  from  any  consumer  or 
consumers  a  greater  sum  for  electric  light  or  lights  than  as  follows, 
to-wit:  For  each  incandescent  light  of  sixteen  candle  power  used  in  resi- 
dences and, offices,  fifteen  cents  per  month;  for  each  light  used  in  hotels, 
retsaurants  and  saloons,  not  to  exceed  the  sum  of  forty  cents  per  month; 
and  for  each  such  light  used  in  stores,  meat  markets  and  other  places,  not 
to  exceed  the  sum  of  twenty-five  cents  per  month;  and  for  each  arc  light, 
not  to  exceed  the  sum  of  seven  dollars  per  month.  Any  such  person, 
persons,  corporation,  association  or  company  so  furnishing  such  electric 
light  shall  make  all  connections  at  any  time  upon  application  of  such 
consumer  or  consumers. 

Sec.  2.  Any  person,  persons,  corporation,  association  or  company  vio- 
lating any  of  the  provisions  of  this  ordinance,  upon  conviction,  shall  be 
fined  in  any  sum  not  to  exceed  one  hundred  dollars. 

Sec.  3.  All  ordinances  and  parts  of  ordinances  in  conflict  with  this 
ordinance  are  hereby  repealed. 

Sec.  4.  As  an  emergency  is  hereby  declared  to  exist  for  the  imme- 
diate taking  effect  of  this  ordinance,  it  shall  be  in  full  force  and  effect 
from  and  after  its  passage  and  publication  for  one  day  each  week  for 
two  consecutive  weeks  in  The  Indianapolis  Sun,  a  daily  newspaper  of 
general  circulation. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Contracts  and  Franchises. 


MISCELLANEOUS    BUSINESS. 


The  following  communication  was  received : 

We,  the  West  Indianapolis  Woman's  Christian  Temperance  Union,  at 
a  regular  meeting  of  the  Union,  held  January  11,  1898,  adopt  the  follow- 
ing resolutions,  viz.: 

First.  That  we  return  a  vote  of  thanks  to  the  members  of  the  Indi- 
anapolis City  Council  who  voted  for  the  passage  of  the  Curfew  Law. 

Second.  That  we  pledge  our  sympathy  and  co-operation  in  the  en- 
forcement of  the  law. 

Third.  That  a  copy  of  these  resolutions  be  entered  on  the  minutes  of 
the  meeting  and  sent  to  the  City  Council  to  be  read  at  its  next  meeting. 

Hattie  S.  Moorman, 

A.  M.  Parnell,  President. 

Secretary. 

Which  was  read  and  ordered  spread  on  the  minutes. 

Mr.  John  T.  Glazier,  Secretary  Firemen's  Pension  Fund,  sub- 
mitted the  following  report: 


January  17,  1898.]  city  of  Indianapolis,  ind.  125 

To  the  President  and  Members  of  the  Common  Council: 

Gentlemen— I  submit  herewith  my  annual  report  showing  the  receipts 
and  disbursements  of  the  Firemen's  Pension  Fund  for  the  year  ending 
December  31,  1897;  also  the  number  of  beneficiaries,  amounts  paid  the 
same  and  balance  on  hand: 

RECEIPTS. 

To  last  semi-annual  assessment  from  tax  duplicate  for  the 

year  ending  December  31,  1896,  paid  February  8,  1897 $4,479.71 

Annual  assessment  for  1897 10,729.50 

Assessments  from  pay-roll 1,417.47 

Donations  and  ball 4,683.75 

Matured  bonds  and  interest 5,278.08 

■Balance  from  1896 202.11 

$26,790.62 

DISBURSEMENTS. 

Amounts  paid  beneficiaries $8,767,65 

Printing  and  stationery 34.50 

For  bonds  purchased. .-. 11,763.21 

$20,565.36 

Total  Receipts $26,790.62 

Disbursements 20,565,36 

-Balance $6,225.26 

Amount  of  bonds  on  hand  January  1,  1897— 

Marion  County  bonds  (jail) $6,000.00 

City  of  Indianapolis  bonds 1,000.00 

Indianapolis  street  and  sewer  bonds 8,449.12 

$15,449.12 
Marion  County  and  City  of  Indianapolis  bonds 7,000.00 

$8,449.12 
March  5,  1897— 
City  of  Indianapolis  and  Marion  County  jail  bonds  sold  for.  . .     $7,034.61 
And  added  cash 3,055.91 

$10,090.52 
And  purchased  with  same  street  improvement  bonds  of  the 

value  of $10,214.13 

November  27,  1897,  improvement  bonds  bought 7,837.62 

December  10,  1897,  improvement  bonds  bought 546.10 

December  11,  1897,  improvement  bonds  bought 333.72 

Improvement  bonds  on  hand  January  1,  1897 8,449.12 

$27,380.69 
Principal  paid  on  bonds 3,771.16 

December  31,  1897,  total  amount  of  bonds  on  hand $23,609.53 

December  31,  1897,  total  amount  of  cash 6,225.26 

Total  amount  of  fund $29,834.79 

Respectfully  submitted, 

Captain  John  T.  Glazier, 
Secretary  Firemen's  Pension  Fund. 

Which  was  read  and  referred  to  Committee  on  Finance. 


126  jouenal  of  common  council.  [Regular  Meeting 

Mr.  Harston  (by  request)  offered  the  following  resolution  : 

Resolution  No.  1,  1898.  Whereas,  It  is  alleged  that  a  number  of  per- 
sons in  the  plumbing  business  in  this  city  have  formed  a  combine  for  the 
purpose  of  monopolizing  trade  and  arbitrarily  raising  prices,  and  that  in 
order  to  accomplish  such  ends  they  prevent  others  who  are  not  in  accord 
with  such  methods  and  will  therefore  not  join  such  combine  from  pur- 
chasing material,  to  their  great  loss  and  injury;  be  it  therefore 

Resolved,  That  we,  the  Common  Council  of  the  City  of  Indianapolis, 
emphatically  denounce  such  nefarious  practices  as  being  against  the 
rights  of  man  and  the  public  interest;  and,  be  it  further 

Resolved,  That  the  City  Attorney  be  Instructed  to  render  his  opinion 
to  the  Common  Council  as  to  whether  an  amendment  to  any  ordinance 
licensing  and  regulating  plumbers  that  may  hereafter  be  introduced,  or 
now  is  in  force,  may  be  so  amended  that  the  public  be  protected  against 
such  unlawful  combinations  and  practices. 

Mr.  Harston  moved  the  adoption  of  the  resolution. 

Mr.  Colter  moved  that  the  resolution  be  referred  to  the  Com- 
mittee on  Judiciary. 

Which  motion  prevailed. 

ORDINANCES  ON  SECOND  READING. 


On  motion  of  Mr.  McGrew,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time: 

G.  O.  No.  67,  1897.  An  ordinance  establishing  the  location  of  a  mar- 
ket for  hay  and  cereals  in  the  City  of  Indianapolis,  providing  for  the 
weighing  of  the  same  by  the  City  Weighmaster,  prescribing  a  penalty 
for  the  violation  of  the  said  ordinance,  and  repealing  all  ordinances  in 
conflict  therewith. 

Mr.  McGrew,  on  behalf  of  the  Committee  on  Public  Property 
and  Improvements,  offered  the  following  amended  ordinance  as 
a  substitute  for  G.  0.  No.  67,  1897: 

G.  O.  No.  07,  1897.  An  ordinance  establishing  the  location  of  a  mar- 
ket for  hay  and  cereals  in  the  City  of  Indianapolis,  providing  for  the 
weighing  of  the  same,  prescribing  penalties  for  its  violation  and  repeal- 
ing all  ordinances  in  conflict  therewith. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  Indi- 
anapolis, Indiana,  That  the  city  market  for  the  sale  of  hay,  oats  and 
■Corn  is  hereby  located  and  established  on  lots  at  the  corner  of  Pine  and 
Washington  streets,  in  the  City  of  Indianapolis,  and  that  there  shall  be 
located  on  said  market  the  public  scales  of  said  city,  which  shall  be  used 
in  weighing  all  hay,  oats  and  corn  and  other  commodities  which  may  be 
offered  for  sale  on  said  market,  which  market  and  scales  shall  be  in  the 
care  and  custody  of  the  City  Weighmaster. 

Sec.  2.  It  shall  be  unlawful  for  any  person  to  sell  or  to  offer  or  expose 
for  sale  on  said  market  any  hay,  cereals  or  other  farm  products  or  com- 
modities from  wagons,  sleds  or  other  vehicles  without  having  first  caused 


January  17,  1898.]  city  of  Indianapolis,  ind.  127 

tthe  same  to  be  weighed  upon  the  said  public  scales  of  said  city  and  re- 
ceived from  the  City  Weighmaster  a  certificate  stating  the  correct  weight 
of  the  same. 

See.  3.  It  shall  be  unlawful  for  any  person  or  persons  having  hay  or 
cereals  to  sell  from  wagons  or  other  vehicles,  to  allow  any  such  wagon 
or  other  vehicle  to-  stand  at  any  place  in  said  city  other  than  said  city 
market  while  such  hay  or  cereals  are  exposed  for  sale. 

Sec.  4.  It  shall  be  unlawful  for  any  personswho  as  owner,  lessee  or 
otherwise  has  control  of  any  real  estate  in  said  city  to  maintain  thereon 
any  market  for  the  sale  of  hay  or  cereals  by  the  owners  thereof  or  by 
anyone  acting  for  such  owners,  or  to  permit  wagons  or  other  vehicles 
containing  hay  or  cereals  which  are  offered  or  exposed  for  sale  to  stand 
on  any  such  real  estate. 

Sec.  5.  Any  person  violating  any  of  the  provisions  of  this  ordinance 
shall,  upon  conviction  therefor,  be  lined  in  any  sum  not  less  than  two 
nor  more  than  twenty-five  dollars. 

Sec.  6.  All  ordinances  and  parts  of  ordinances  in  conflict  with  the 
provisions  of  this  ordinance  are  hereby  repealed. 

Sec.  7.  This  ordinance  shall  be  in  force  from  and  after  its  passage 
and  publication,  once  each  week  for  two  consecutive  weeks  in  The  Sun, 
a  newspaper  having  general  circulation  in  said  city. 

Mr.  Bowser  moved  that  the  substitute  for  G.  0.  No.  67,  1897, 
be  adopted. 

Mr.  Clark  moved  to  lay  Mr.  Bowser's  motion  on  the  table. 
Which  motion  prevailed. 

Mr.  Knight  moved  that  the  substitute  for  G.  0.  No.  67,  1897, 
be  referred  to  the  Committee  on  Contracts  and  Franchises. 

Mr.  Colter  moved  as  a  substitute  for  Mr.  Knight's  motion  that 
the  substitute  be  referred  to  the  Committee  on  Judiciary. 

The  ayes  and  nays  being  called  for,  the  roll  was  called,  which 
resulted  in  the  adoption  of  Mr.  Colter's  motion  by  the  following 
vote: 

Ayes  11 — viz.:  Messrs.  Bernauer,  Clark,  Colter,  Knight,  Little,  Mad- 
den, Merrick,  Rauch,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays  8— viz.:  Messrs.  Allen,  Bowser,  Costello,  Crall,  Harston,  Higgins, 
Moffett  and  McGrew. 

On  motion  of  Mr.  Colter,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

G.  O.  No.  73,  1897.  An  ordinance  concerning  vapor  lights,  and  ratify- 
ing, confirming  and  approving  a  certain  agreement  made  and  entered 
into  on  December  13,  1897,  between  the  City  of  Indianapolis,  by  and 
through  its  Board  of  Public  Works,  and  the  Sun  Vapor  Street  Light  Com- 
pany, and  matters  connected  therewith,  and  fixing  a  time  when  the  same 
shall  take  effect. 


128 


JOURNAL   OF  COMMON   COUNCIL. 


[Regular  Meeting. 


And  was  passed  by  the  following  vote: 

Ayes  19 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello,  Crall,  Harston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett, 
McGrew,  Rauch,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 


On  motion  of  Mr.  Colter,  the  following  entitled  ordinance  was 
taken  up  and  read  a  second  time: 

(t.  O.  No.  74,  1897.  An  ordinance  amending  Section  33  of  an  ordinance 
creating  the  office  of  Building  Inspector,  defining  the  powers  and  duties 
(attached  hereto,  authorizing  the  inspection  of  buildings  and  other  struc- 
tures, -  regulating  their  construction,  repair  and  removal,  requiring  the 
issuance  of  a  license  or  permit  in  such  cases  before  any  work  shall  be  be- 
gun, regulating  the  building  of  party  walls  and  partition  fences,  prescrib- 
ing in  what  proportion  adjoining  owners  shall  bear  the  expense  of  the 
same,  in  what  manner  such  expense  shall  be  levied  and  collected,  and  de- 
fining the  terms  upon  which  partition  walls  already  established  may  be 
used  by  adjoining  owners,  fixing  a  penalty  for  the  violation  thereof,  re- 
pealing certain  ordinances,  providing  for  publication,  and  fixing  the  time 
when  the  same  shall  take  effect,  approved  September  10,  1894. 

Mr  Smith  moved  that  G.  0.  No.  74, 1897,  be  referred  to  a  special 
committee  consisting  of  one  practical  builder,  one  architect  and 
one  insurance  man. 

Mr.  Clark  moved  to  lay  Mr.  Smith's  motion  on  the  table. 

Mr.  Colter  raised  the  point  order  that  the  Council  can  not  refer 
an  ordinance  to  an  outside  party. 

The  President  ruled  that  the  point  of  order  was  well  taken. 

Mr.  Smith  moved  that  G.  0.  No.  74, 1897,  be  referred  to  a  special 
committee  to  be  appointed  by  the  President,  consisting  of  three 
members. 


Which  motion  prevailed. 


On  motion  of  Mr.  Bowser,  the  Common  Council,  at  9:15  o'clock 
p.  m.,  adjourned. 


President, 


ity  Clerk. 


January  19,  1898.]  city  of  Indianapolis,  ind.  129 


SPECIAL  MEETING. 


Council  Chamber,  ") 

City  of  Indianapolis, 

January  19,  1898.  ) 


The  Common  Council  of  the  City  of  Indianapolis  met  in  the 
Council  Chamber,  Wednesday  evening,  January  19,  1898,  at  8 
o'clock,  in  special  session,  pursuant  to  the  following  call: 

Indianapolis,  Ind.,  January  17,  1898, 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir — You  are  hereby  requested  to  call  a  special  meeting  of  the 
Common  Council,  to  meet  in  the  Council  Chamber,  Wednesday,  Jan- 
uary 19,  1898,  at  8  o'clock  p.  m.,  to  transact  such  business  as  may  come 
before  said  meeting. 

John  M.  Higgins. 

John  A.  Von  Spreckelsen. 

Frank  S.  Clark. 

Jas.  H.  Costello. 

E.  W.  Little. 

Edward  E.  Bernauer. 

Richard  Merrick. 

Albert  Harston. 

Robert  M.  Madden. 

John  H.  Crall. 

Indianapolis,  Ind.,  January  17, 1898. 
To  the  Members  of  the  Common  Council: 

Gentlemen — In  pursuance  of  the  above  call  you  are  respectfully 
requested  to  meet  in  the  Council  Chamber,  Wednesday,  January  19, 1898, 
at  8  o'clock  p.  m. 

Jno.  H.  Mahoney, 

President. 

I,  Charles  H.  Stuckmeyer,  Clerk  of  the  Common  Council,  do  hereby 
certify  that  I  have  served  above  notice  upon  the  President  and  each 
member  of  the  Common  Council  prior  to  the  time  of  meeting,  pursuant 
to  the  rules. 

Charles  H.  Stuckmeyer, 
City  Clerk. 


130  journal  of  common  council.  [Special  Meeting 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  17  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Costello,  Crall,  Harston,  Higgins,  Knight, 
Little,  Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Scanlon, 
Shaffer  and  Smith. 

Absent,  3 — viz.:     Messrs.  Clark,  Colter  and  Von  Spreckelsen. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Bernauer  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 


COMMUNICATIONS,    ETC.,    FROM    MAYOR. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Indianapolis,  Ind.,  January  19,  1898. 

Eon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir — I  have  this  day  approved  G.  O.  No.  73,  1897,  the  same  being 
"An  ordinance  concerning  vapor  lights,  and  ratifying,  confirming  and 
approving  a  certain  agreement  made  and  entered  into  on  the  13th  day  of 
December,  1897,  between  the  City  of  Indianapolis,  by  and  through  its 
Board  of  Public  Works,  and  the  Sun  Vapor  Street  Light  Company,  and 
matters  connected  therewith,  and  fixing  a  time  when  the  same  shall 
take  effect."  Respectfully, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


reports  from  official  boards. 


Communication  from  Board  of  Public  Works: 

Department  of  Public  Works,  ) 

Office  of  the  Board, 
Indianapolis,  January  19,  1898.  ) 

Hon.  John  H.  Mahoney,  President,  and  Members  of  the  Common  Council 
City: 
Gentlemen — The  undersigned,  the  parties  to  a  certain  contract,  made 
and  entered  into  on  the  3d  day  of  January,  1898,  by  and  between  the 
City  of  Indianapolis  and  the  Indianapolis  Desiccating  Company,  whereby 
said  company  is  granted  permission  and  authority  to  lay  a  railroad  track 
in  Sellers  farm,  hereby  consent  to  a  modification  of  said  contract,  by 
the  insertion,  in  Item  2,  of  said  contract,  the  figures  "$1.00"  in  place  of 
the  figures  "$2.00"  wherever  the  same  occurs  in  said  Item  2. 


January  19,  1898.]  city  of  Indianapolis,  ind.  131 

In  witness  whereof,  the  parties  hereto  have  hereunto  set  their  hands 
and  seals  this  19th  day  of  January,  1898. 

City  of  Indianapolis,  . 

By  M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery, 

Board  of  Public  Works. 
Indianapolis  Desiccating  Company, 

By  F.  M.  Bachman, 

President. 
S.  E.  Rauh, 

Treasurer. 

Which  was  read  and  referred  to  Committee  on  Contracts  and 
Franchises. 


Communication  from  Board  of  Public  Works: 

Department  of  Public  Works, 

Office  of  the  Board, 
Indianapolis,  January  19,  1898. 

Mr.  E.  ill.  Johnson,  City  Comptroller: 

Dear  Sir — The  board  directs  me  to  ask  that  you  recommend  to  the 
Common  Council  an  appropriation  for  the  Department  of  Public  Works, 
of  the  sum  of  $43,976.61.  Of  this  amount,  the  sum  of  $37,327.58  is 
needed  to  complete  the  new  Police  Station,  and  $2,640  to  complete  the 
two  new  engine  houses;  the  balance  remaining,  $4,009.03,  is  required  to 
pay  legal  assessments  made  against  the  city  owing  to  the  construction  of 
the  White  river  intercepting  sewer  through  Greenlawn  cemetery. 
The  board  asks  that  you  kindly  indorse  this  request. 

Very  respectfully, 

Bart  Parker, 
Clerk  Board  Public  Works. 

I  hereby  approve  and  endorse  the  above  request. 

E.  M.  Johnson, 

City  Comptroller. 


Mr.  E.  M.  Johnson,  City  Comptroller: 

Dear  Sir — The  following  is  a  statement  of  the  cost  of  work  and 
amount  of  contracts  let  for  the  completion  of  the  new  Police  Station 
building  to  date: 

Cost  of  real  estate  upon  which  building  is  constructed $    20,250  00 

Tearing  out  old  buildings 175  00 

Excavation  and  stonework 5,423  00 

Main  building    54,980  00 

Vault 545  00 

Cells 7,384  00 

Steam  heating,  plumbing  and  gas  piping 7,968  00 

Copper  work.     (Extra,  ordered  by  Board) 488  00 

Architect's  commission 3,000  00 

Combination  gas  and  electric  fixtures 1,700  00 

Electric  wiring 1,030  00 


132  journal  of  common  council.  [Special  Meeting 

Stationary  furniture $1,095  00 

Incidental  expenses,  including    Inspector's  salary,  cost  of 

coal,  etc 2,000  00 

Total. $106,038  00 

In  addition,  cost  of  two  new  engine  houses 11,027  00 

Cost  of  engine  house  lot,  Sixteenth  and  Ash  streets 1,000  00 

Total $118,065  00 

Very  respectfully, 

Bart  Parker, 
Clerk  Board  Public  Works. 

Which  was  read  and  referred  to  Committee  on  Finance. 


Communication  from  Board  of  Public  Safety: 

Department  of  Public  Safety,  ) 

Indianapolis,  January  19,  1898.  j 

Mr.  E.  M.  Johnson,  City  Comptroller: 

Dear  Sir — The  Board  of  Public  Safety  would  respectfully  request  you 
to  recommend  to  the  Common  Council  the  passage  of  an  ordinance 
appropriating  to  this  department  the  sum  of  $41,826.31  for  the  purchase 
of  police  patrol  apparatus,  and  putting  same  in  operation,  and  equip- 
ment of  the  central  and  sub-stations. 

Yours  truly, 

C.  Maguire, 

Chairman. 

I  recommend  the  passage  of  the  above. 

E.  M.  Johnson, 

City  Comptroller. 

Which  was  read  and  referred  to  Committee  on  Finance. 


from  standing  committees. 


Mr.  Merrick,  on  behalf  of  the  Committee  on  Accounts  and 
Claims,  to  which  was  referred: 

App.  O.  No.  1,  1898.  An  ordinance  appropriating  the  sum  of  one 
hundred  and  twenty-five  dollars  ($125.00)  with  which  to  pay  a  certain 
claim  made  by  virtue  of  Section  8,  of  an  act  entitled  "An  act  to  better 
regulate  and  restrict  the  sale  of  intoxicating  and  malt  liquors,"  etc., 
approved  March  11,  1895,  and  fixing  the  time  when  the  same  shall  take 
effect. 


Made  the  following  report: 


January  19,  1898.]  city  of  Indianapolis,  ind.  133 

^  Indianapolis,  Ind.,  January  19,  1898. 

Mr.  President: 

Your  Committee  on  Accounts  and  Claims  have  had  App.  0.  No.  1, 
1898,  under  consideration,  and  recommend  that  the  same  do  pass. 

Respectfully, 

Richard  Merrick, 
Edward  E.  Bernauer, 
John  H.  Crall, 

Committee. 

Which  was  read  and  concurred  in. 

Mr.  Moffett,  on  behalf  of  the  Committee  on  Public  Health,  to 
which  was  referred  : 

G.  0.  No.  3,  1898.    An  ordinance  regulating  the  location  of  morgues 
and  undertaking  establishments  in  the  City  of  Indianapolis,  Indiana. 

Made  the  following  report: 

Indianapolis,  Ind.,  January  19,  1898. 
Mr.  President: 

Your  Committee  on  Public  Health  have  had  G.  0.  No.  3,  1898,  under 
consideration,  and  recommend  its  passage. 

Respectfully, 

E.  D.  Moffett, 
John  M.  Higgins, 

Committee. 

Which  was  read  and  concurred  in. 

appropriation  ordinances. 


Under  this  order  of  business,  the  following  ordinance  was 
introduced : 

By  Mr.  Costello: 

App.  O.  No.  2,  1898.  An  ordinance  appropriating  the  sum  of  forty- 
three  thousand  nine  hundred  and  seventy-six  dollars  and  sixty-one 
cents  ($43,976.61)  for  the  use  of  the  Department  of  Public  Works  of  the 
City  of  Indianapolis,  and  the  sum  of  forty-one  thousand  eight  hundred 
and  twenty-six  dollars  and  thirty-one  cents  ($41,826.31)  for  the  use  of 
the  Department  of  Public  Safety  of  the  City  of  Indianapolis,  and  rixing 
a  time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  there  be  and  is  hereby  appropriated  out  of 
any  sums  in  the  city  treasury  not  otherwise  appropriated,  the  sum  of 
forty-three  thousand  nine  hundred  and  seventy-six  dollars  and  sixty-one 
cents  ($43,976.61)  for  the  use  of  the  Department  of  Public  Works  dur- 
ing the  fiscal  year  ending  December  31,  1898,  to  be  applied  as  follows : 

For  the  payment  of  legal  assessment  against  said  city  for  the  con- 
struction of  the  White  river  intercepting  sewer  through  Greenlawn 
cemetery,  the  sum  of  four  thousand  and  nine  dollars  and  three  cents 
($4,009.03). 


134:  journal  of  common  council.  [Special  Meeting 

For  the  completion  of  the  two  new  engine  houses  now  under  course 
of  construction,  the  sum  of  two  thousand  six  hundred  and  forty  dollars 
($2,640.00). 

For  the  completion  of  the  new  Central  Police  Station,  the  sum  of 
thirty-seven  thousand  three  hundred  and  twenty-seven  dollars  and  fifty- 
eight  cents  ($37,327.58). 

Sec.  2.  There  is  also  hereby  appropriated  for  the  use  of  the  Depart- 
ment of  Public  Safety,  the  sum  of  forty-one  thousand  eight  hundred 
and  twenty-six  dollars  and  thirty-one  cents  ($41,826.31),  the  same  to  be 
expended  for  the  purchase  of  police  patrol  apparatus,  putting  same  in 
operation  and  the  equipment  of  the  new  central  and  sub-stations. 

Sec.  3.  I'his  ordinance  shall  be  in  fall  force  and  effect  from  and 
after  its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Finance. 


INTRODUCTION    OF    GENERAL    AND    SPECIAL    ORDINANCES. 


Under  this  order  of  business,  the  following  ordinances  were 
introduced: 

By  Mr.  Madden: 

G.  0.  No.  7,  1898  An  ordinance  regulating  hauling  and  transporta- 
tion of  sand,  gravel  and  dirt;  denning  what  shall  constitute  a  load  for 
two  horses;  providing  a  penalty  for  the  violation  thereof,  and  fixing  a 
time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  one  yard  of  gravel,  sand  or  dirt  shall  con- 
stitute a  load  for  two  horses,  to  be  drawn  by  said  two  horses  from  and 
out  of  any  river,  creek,  bar  or  pit,  or  over  any  street  in  the  City  of 
Indianapolis,  Indiana;  and  it  shall  be  unlawful  for  anyone  to  haul,  at 
one  time,  more  than  one  yard  of  gravel,  sand  or  dirt  with  two  horses 
only,  out  of  any  river,  creek,  bar  or  pit,  or  over  any  street  in  the  City  of 
Indianapolis,  Indiana. 

Sec.  2.  Anyone  violating  any  of  the  provisions  of  this  ordinance 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  less  than  one 
dollar  nor  more  than  rlfty  dollars,  to  which  may  be  added  imprisonment 
for  any  period  not  less  than  thirty  days  nor  more  than  ninety  days. 

Sec.  3.  This  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  publication  once  a  week  for  two  consecutive  weeks  in 
The  Sun,  a  daily  newspaper  of  general  circulation  printed  and  pub- 
lished in  the  City  of  Indianapolis,  Indiana. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Safety  and  Comfort. 


January  19,  1898.]  city  of  Indianapolis,  ind.  135 

By  Mr.  Little: 

G.  0.  No.  8,  1898.  An  ordinance  providing  for  a  standing  committee 
on  parks  and  fixing  a  time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  the  President  of  the  Common  Council 
shall,  at  the  next  regular  meeting  thereof  after  the  taking  effect  of  this 
ordinance,  appoint  a  standing  committee  on  parks  to  be  composed  of 
three  members,  to  which  committee  shall  be  referred  all  matters  per- 
taining to  parks. 

Sec.  2.  This  ordinance  shall  be  in  force  and  effect  from  and  after  its 
passage  and  approval  by  the  Mayor  of  the  City  of  Indianapolis,  Indiana. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Judiciary. 

MISCELLANEOUS    BUSINESS. 


President  Mahoney  announced  the  appointment  of  the  follow- 
ing named  members  as  the  Special  Committee  to  consider  G.  O. 
No.  74,  1897,  in  compliance  with  Mr.  Smith's  motion:  Messrs. 
Von  Spreckelsen,  McGrew  and  Crall. 

ORDINANCES    ON    SECOND    READING. 

On  motion  of  Mr.  Moffett,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time: 

G.  0.  No.  3,  1898.  An  ordinance  regulating  the  location  of  morgues 
and  undertaking  establishments  in  the  City  of  Indianapolis,  Indiana. 

Mr.  Higgins  offered  the  following  amendment  to  G.  O.  No.  3, 

1898: 

I  move  to  amend  Section  one  (1)  of  G.  O.  No.  3,  1898,  by  striking  out 
in  said  section  after  the  word  "square"  the  words  "three-fourths"  in  the 
fifth  line  and  substituting  therefor  the  words  "two-thirds." 

Also  by  striking  out  after  the  word  "establishment"  in  the  nineteenth 
line  the  word  "already"  and  inserting  in  lieu  thereof  the  word  "hereto- 
fore;" also  by  striking  out  in  the  twentieth  line  of  said  section  after  the 
word  "square"  the  word  "at"  and  substituting  therefor  the  words  "for  a 
period  of  three  months  prior  to,"  so  that  said  section  when  amended  shall 
read  as  follows: 

Be  it  ordained  by  the  Common  Council  of  the  City  of  Indianapolis, 
Indiana,  That  it  shall  not  be  lawful  for  any  person  to  locate,  build,  con- 
struct, maintain  or  keep  or  continue  to  maintain  or  keep  in  any  block  or 
square  of  any  street  in  the  City  of  Indianapolis,  State  of  Indiana,  in 
which  block  or  square  two-thirds  of  the  buildings  on  both  sides  of  the 


136  journal  of  common  council.  [Special  Meeting 

street  are  devoted  to  exclusive  residence  purposes,  any  morgue  or  under- 
taking establishment  within  two  hundred  feet  of  any  such  residence,  on 
either  side  of  such  street,  unless  the  owners  of  a  majority  of  the  lots  in 
such  block  or  square  fronting  or  abutting  on  such  street  consent  in  wri- 
ting to  the  location,  construction,  maintenance  or  keeping  of  such  morgue 
pr  undertaking  establishment  therein.  Such  written  consent  shall  be 
filed  with  the  City  Clerk  before  a  permit  shall  be  issued  by  the  Comp- 
troller for  the  erection  or  repair  of  any  building  to  be  used  for  such  pur- 
pose and  before  any  person  shall  be  permitted  to  keep  or  maintain  or 
continue  to  keep  or  maintain  any  such  morgue  or  undertaking  estab- 
lishment in  any  such  block  or  square:  Provided,  however,  That  this  ordi- 
nance shall  not  appply  to  any  morgue  or  undertaking  establishment  here- 
tofore established  and  doing  business  on  any  such  block  or  square  for  a 
period  of  three  months  prior  to  the  time  of  the  passage  of  this  ordinance. 

John  M.  Higgins. 

Which  amendment  was  read,  and,  on  motion  of  Mr.  Higgins, 
adopted. 


Mr.  Rauch  moved  that  G.  0.  No.  3,  1898,  be  referred  back  to 
Committee  on  Public  Health. 

Mr.  Higgins  moved  to  lay  Mr.  Ranch's  motion  on  the  table. 

The  ayes  and  nays  being  called  for  by  Messrs.  Rauch  and 
Bowser,  the  roll  was  called,  which  resulted  in  the  adoption  of  Mr. 
Higgins's  motion  by  the  following  vote: 

Ayes  11 — viz.:  Messrs.  Allen,  Bernauer,  Costello,  Crall,  Harston, 
Higgins,  Little,  Madden,  Merrick,  Moffett  and  President  Mahoney. 

Nays  7 — viz.:  Messrs.  Bowser,  Knight,  McGrew,  Rauch,  Scanlon, 
Shaffer  and  Smith. 

On  motion  of  Mr.  Higgins,  G.  0.  No.  3,  1898,  was  then  ordered 
engrossed,  as  amended,  read  a  third  time,  and  passed  by  the  fol- 
lowing vote : 

Ayes  12 — viz.:  Messrs.  Allen,  Bernauer,  Costello,  Crall,  Harston, 
Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett  and  President 
Mahoney. 

Nays  6 — viz.:  Messrs.  Bowser,  McGrew,  Rauch,  Scanlon,  Shaffer  and 
Smith. 

Mr.  Higgins  moved  for  a  reconsideration  of  the  vote  by  which 
G.  0.  No.  3,  1898,  was  passed. 

Mr.  Rauch  moved  to  lay  Mr.  Higgins's  motion  on  the  table. 


January  19,  1898.]  city  of  Indianapolis,  ind. 


137 


Which  motion  prevailed  by  the  following  vote : 

Ayes  17 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Costello,  Crall,  Har- 
ston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett,  McGrew,  Bauch, 
Scanlon,  Shaffer  and  Bresident  Mahoney. 

Nays  1 — viz.:    Mr.  Smith. 


On  motion  of  Mr.  Bowser,  the  Common  Council,  at  8:55  o'clock, 
p.  m.,  adjourned. 


President. 


City  Clerk. 


L 


February  7,  1898.]  city  of  Indianapolis,  ind.  139 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis 
February 


lis,  [ 

7,  1898. ) 


The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  February  7,  1898,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  20  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins, 
Knight,  Little,  Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Scan- 
Ion,  Shaffer,  Smith  and  Von  Spreckelsen. 

Absent — None. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Madden  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

COMMUNICATIONS,    ETC.,    FROM    MAYOR. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department, 

City  of  Indianapolis, 

January  25,  1898. 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council'. 

Dear  Sir — I  have  this  24th  day  of  January,  1898,  signed  General  Ordi- 
nance No.  3,  1898,  the  same  being  "An  ordinance  regulating  the  location 
of  morgues  and  undertaking  establishments  in  the  City  of  Indianapolis, 
Indiana." 

Respectfully, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


140  journal  of  common  council.  [Regular  Meeting 


REPORTS    FROM    CITY   OFFICERS. 


Communication  from  City  Attorney: 

City  of  Indianapolis,  | 

Office  of  the  Department  of  Law,  - 
February  7,  1898.  ) 

Mr.  E.  M.  Johnson,  City  Comptroller:  - 

Dear  Sir — Referring  to  the  claim  of  James  Reilly  against  the  city,  to 
which  you  have  called  my  attention,  I  beg  leave  to  submit  the  following: 

According  to  the  facts  presented,  a  license  was  granted  and  issued  by 
the  City  Comptroller  to  Mr.  Reilly,  on  the  9th  day  of  June,  1897,  author- 
izing him  to  sell  intoxicants  on  certain  premises  named,  for  the  period 
of  one  year. 

That  on  the  4th  day  of  January,  1898,  he  was  dispossessed  of  the 
premises,  and  that  on  that  date  the  City  Comptroller  issued  and  granted 
another  license  to  John  Hoffman  to  sell  liquors  on  the  same  premises 
for  the  period  of  one  year  from  that  date,  and  that  Hoffman  is  now 
engaged  in  selling  liquors  on  said  premises,  under  the  license  granted 
him. 

It  thus  appears  that  the  city  has,  obtained  money  from  two  persons 
for  the  same  privilege  on  the  same  premises,  and  that  only  one  of  such 
persons,  to-wit,  Mr.  Hoffman,  has  enjoyed  or  will  enjoy  any  benefit  from 
the  same,  after  January  4,  1898,  up  to  June  8th  of  the  same  year. 

I  am  not  discussing  the  legal  liability  of  the  city  in  case  suit  should 
be  brought,  but  I  am  impressed  with  the  strong  equity  of  Mr.  Reilly's 
claim.  That  he  has  paid  to  the  city  the  sum  claimed,  for  which  he  can 
receive  no  possible  benefit,  is  too  plain  for  discussion.  From  the  stand- 
point of  justice  and  right,  there  is  no  doubt  but  that  this  sum  should  be 
refunded  to  him,  and  neither  is  there  any  doubt  as  to  the  right  of  the 
Council  to  pass  an  ordinance  providing  for  its  repayment  to  him. 

The  same  question  was  presented  by  Mr.  Reilly  to  the  Board  of  County 
Commissioners,  and  that  body  very  properly,  in  my  judgment,  made  an 
order  refunding  the  amount  which  the  county  had  received  for  the 
period  named. 

Very  respectfully, 

John  W.  Kern, 

City  Attorney. 

In  accordance  with  the  above  opinion,  I  respectfully  recommend  that 
the  appropriation  be  made. 

E.  M.  Johnson, 
City  Comptroller. 
February  7,  1898. 

With  the  following  petition: 

To  Eudorus  M.  Johnson,  Comptroller  of  the  City  of  Indianapolis  : 

Your  petitioner,  James   Reilly,  being  duly   sworn  according  to  law, 

deposes  and  says  that  he  is  a  resident  of  the  City  of  Indianapolis,  Marion 

county,  in  the  State  of  Indiana,  and  has  been  for  more  than  twenty 

years  last  past. 

That  he  was  in  the  retail  saloon  business  at  old  No.  199  Meek  street, 

in  said  city,  for  more  than  five  years  prior  to  January  4,  1898. 

That  on  the  9th  day  of  June,  1897,  the  City  Comptroller  of  said  city 


February  7,  1898.]  city  of  Indianapolis,  ind.  141 

issued  to  your  petitioner  a  license  authorizing  him  to  sell  intoxicants  in 
less  quantities  than  a  quart  on  the  aforesaid  premises  for  one  year  from 
said  day. 

That  affiant's  lease  for  said  premises  expired  on  the  1st  day  of  Decem- 
ber, 1897;  that  said  premises  were  sold  on  a  decree  of  foreclosure  of  a 
mortgage  lien  on  or  about  the  9th  day  of  November,  1896,  and  were  not 
redeemed  by  petitioner  within  the  year  allowed  by  law  for  redemption 
of  such  sales,  and  said  property  was  deeded  by  the  Sheriff  of  Marion 
county  to  the  Home  Brewing  Company  at  the  expiration  of  said  year  of 
redemption,  and  said  Brewing  Company  thereupon  insisted  upon  taking 
possession  of  said  premises  from  your  petitioner  and  excluding  him 
therefrom;  and  on  the  4th  day  of  January,  1898,  your  petitioner  was 
required  to  and  did  surrender  possession  of  said  property  to  said  Home 
Brewing  Company,  and  remove  all  his  saloon  furniture  and  fixtures  from 
said  premises,  and  has  not  conducted  any  business  in  said  premises  of 
any  kind  or  character  from  said  date,  nor  will  he  be  able  to  conduct  any 
business  therein  during  part  of  the  remainder  of  the  period  for  which 
said  license  was  issued. 

That  on  or  about  the  4th  day  of  January,  1898,  said  City  Comptroller 
issued  to  John  Hoffman  a  retail  saloon  keeper's  license  to  sell  intoxicat- 
ing liquors  on  said  premises  for  one  year  from  that  day,  and  said  Hoff- 
man is  now  conducting  a  saloon  on  said  premises  under  the  license  so 
granted  to  him. 

That  in  view  of  the  aforesaid  facts,  your  petitioner  respectfully  repre- 
sents that  it  would  be  just,  and,  as  he  believes,  in  keeping  with  the  law  in 
such  cases  made  and  provided,  that  the  City  of  Indianapolis  refund  to 
him  the  amount  paid  by  him  for  his  license  covering  the  period  from 
January  4,  1898,  to  June  8,  1898,  amounting  to  the  sum  of  $107.62,  and 
he  respectfully  prays  the  Comptroller  to  draw  a  warrant  against  the 
proper  fund,  payable  to  his  order,  for  said  sum. 

James  Eeilly. 

Subscribed  and  sworn  to  before  me,  this  22d  day  of  January,  1898. 

John  M.  Wall, 

Notary  Public. 

Which  was  read  and  referred  to  Committee  on  Accounts  and 
Claims. 


REPORTS    FROM    OFFICIAL    BOARDS. 


Communication  from  Board  of  Public  Works: 

Department  of  Public  Works, 

Office  of  the  Board, 
Indianapolis,  February  7,  1898. 

Mr.  E.  M.  Johnson,  City  Comptroller: 

Dear  Sir — We  would  respectfully  ask  the  appropriation  of  the  sum  of 
$4,200,  for  the  purpose  of  paving  the  space  between  the  meat  market  and 
Alabama  street,  and  between  Market  street  and  Wabash  street.  This  is 
the  space  east  of  the  present  market  house,  and  this  improvement  is 
much  needed  in  order  to  relieve  the  streets  surrounding  the  court  house. 


14:2  journal  or  common  council.  [Kegular  Meeting 

The  amount  asked  for  is  in  accordance  with  the  recommendation  of 
the  City  Engineer. 

Very  respectfully, 

M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery. 

Board  of  Public  Works. 

Examined  and  approved  by  me  February  7,  1898. 

E.  M.  Johnson, 

City  Comptroller. 

Which  was  read  and  referred  to  Committee  on  Finance. 


REPORTS,    ETC.,    FROM    STANDING    COMMITTEES. 


Mr.  Colter,  on  behalf  of  the  Committee  on  Contracts  and 
Franchises,  to  which  was  referred: 

G.  0.  No.  1,  1898.  An  ordinance  ratifying,  confirming  and  approving 
a  certain  contract  and  agreement,  made  and  entered  into  on  the  3d  day 
of  January,  1898,  between  the  City  of  Indianapolis,  by  and  through  its 
Board  of  Public  Works,  and  the  Indianapolis  Desiccating  Company, 
whereby  said  company  is  authorized  to  construct,  maintain,  lay  and 
operate  upon  the  property  of  the  City  of  Indianapolis,  comprising  a 
public  place  known  as  Sellers  farm,  a  railroad  track,  and  fixing  a  time 
when  the  same  shall  take  effect. 

Made  the  following  report: 
Mr.  President: 

Your  Committee  on  Contracts  and  Franchises,  to  whom  was  referred 
G.  0.  No.  1,  1898,  have  had  the  same  under  consideration,  and  beg  leave 
to  report  as  follows : 

We  recommend  that  said  ordinance  be  amended  in  the  following  par- 
ticulars: 

1.  By  inserting  at  the  top  of  the  last  page  of  said  ordinance,  and 
immediately  following  the  original  contract  contained  therein,  the  fol- 
lowing words: 

And  whereas,  an  amendment  to  and  modification  of  said  contract,  by 
the  parties  thereto,  has  been  communicated  to  this  body  in  the  words 
and  figures  following: 

Indianapolis,  January  19,  1898. 

Hon.  John  H.  Mahoney,  President,  and  Members  of  the  Common  Council, 
City: 
Gentlemen — The  undersigned,  the  parties  to  a  certain  contract,  made 
and  entered  into  on  the  3d  day  of  January,  1898,  by  and  between  the 
City  of  Indianapolis  and  the  Indianapolis  Desiccating  Company,  whereby 
said  company  is  granted  permission  and  authority  to  lay  a  railroad  track 
in  Sellers  farm,  hereby  consent  to  a  modification  of  said  contract,  by 
the  insertion,  in  Item  2,  of  said  contract,  the  figures  "$1.00"  in  place  of 
the  figures  "$2.00"  wherever  the  same  occurs  in  said  Item  2. 


February  7,  1898.]  city  of  Indianapolis,  ind.  143 

In  witness  whereof,  the  parties  hereto  have  hereunto  set  their  hands 
and  seals  this  19th  day  of  January,  1898. 

City  of  Indianapolis, 

By  M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery, 
Board  of  Public  Works. 

Indianapolis  Desiccating  Company, 

By  F.  M.  Bachman, 

President. 
S.  E.  Eauh, 

Treasurer. 

2.  By  inserting  in  line  3  of  section  1  of  said  ordinance  immediately 
after  the  figures  "1898,"  the  following  words  and  figures:  "with  the 
change  and  modification  thereof,  as  above  set  forth." 

3.  And  that  the  title  of  said  ordinance  be  amended  by  inserting  in 
line  3  thereof  immediately  after  the  figures  "1898,"  the  following:  "as 
changed  and  modified  on  the  19th  day  of  January,  1898." 

And  that  when  so  amended,  the  said  ordinance  be  passed. 

Geo.  R.  Colter, 
Albert  E.  Rauch, 
Geo.  W.  Shaffer, 
John  A.  Von  Spreckelsen, 
E.  W.  Little, 
Jas.  H.  Costello, 
John  H.  Scanlon, 

Committee. 

Which  was  read  and  concurred  in. 

Mr  Costello,  on  behalf  of  the  Committee  on  Finance,  to  which 
was  referred : 

App.  0  No.  2,  1898.  An  ordinance  appropriating  the  sum  of  forty- 
three  thousand  nine  hundred  and  seventy-six  dollars  and  sixty-one 
cents  ($43,976.61)  for  the  use  of  the  Department  of  Public  Works  of  the 
City  of  Indianapolis,  and  the  sum  of  forty-one  thousand  eight  hundred 
and  twenty-six  dollars  and  thirty-one  cents  ($41,826.31)  for  the  use  of 
the  Department  of  Public  Safety  of  the  City  of  Indianapolis,  and  fixing 
a  time  when  the  same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  February  7,  1898. 
Mr.  President: 

Your  Committee  on  Finance  have  had  App.  No.  2, 1898,  under  consid- 
eration, and  recommend  its  passage. 

Respectfully, 

Jas   H.  Costello, 
E.  D.  Moffett, 
Edward  E.  Bernauer, 
Richard  Merrick, 
James.  W.  McGrew, 
W.  F.  Smith, 
Robert  M.  Madden, 
Frank  S.  Clark, 
J.  R.  Allen, 

Committee. 
Which  was  read  and  concurred  in. 


144  journal  of  common  council.  [Regular  Meeting 

Mr.  Rauch,  on  behalf  of  the  Committee  on  Judiciary,  to  which 
was  referred  : 

G.  O.  No.  4,  1898.  An  ordinance  providing  that  city  employes  shall 
receive  their  pay  from  the  city  at  least  once  every  two  weeks  and  may  be 
advanced  fifty  per  cent,  of  any  money  due  them  from  the  city  upon 
proper  application  showing  dire  necessity  for  the  same. 

Made  the  following  report: 

Indianapolis,  Ind.,  February  7,  1898. 
Mr.  President: 

Your  Committee  on  Judiciary,  to  whom  was  referred  G.  O.  No.  4, 1898, 
have  had  the  same  under  consideration,  and  beg  leave  to  recommend  that 
the  same  be  amended  by  striking  out  of  Section  1  the  following  con- 
cluding words  of  said  section:  "And  said  employes  may  be  advanced 
fifty  per  cent,  of  any  money  due  them  upon  proper  application  showing 
dire  necessity  for  the  same  during  their  employment  with  said  city." 

Also  that  the  title  be  amended,  so  as  to  correspond  with  said  amend- 
ment to  Section  1,  and  when  so  amended,  that  the  ordinance  be  passed. 

Albert  E.  Rauch. 

Which  was  read  and  concurred  in. 

Mr.  Rauch,  on  behalf  of  a  majority  of  the  Committee  on 
Judiciary,  to  which  was  referred : 

G.  O.  No.  8,  1898.  An  ordinance  providing  for  a  standing  committee 
on  parks  and  fixing  a  time  when  the  same  shall  take  effect. 

Made  the  following  report  : 

Indianapolis,  Ind.,  February  7,  1898. 
Mr.  President: 

Your  Committee  on  Judiciary,  to  whom  was  referred  G.  0.  No.  8, 1898, 
have  had  the  same  under  consideration,  and  beg  leave  to  report  that  in 
our  judgment,  the  Committee  on  Parks  which  it  seeks  to  create,  is  not 
needed. 

The  Finance  Committee  of  this  body,  which  is  composed  of  nine 
members,  is,  we  believe,  entirely  competent  to  investigate,  manage  and 
report  intelligently  upon  all  questions  relating  to  parks  that  may  come 
before  this  body. 

We  therefore  recommend  that  said  ordinance  do  not  pass. 

Albert  E.  Rauch. 
J.  R.  Allen. 

Which  was  read. 

Mr.  Little,  on  behalf  of  the  minority  of  the  Committee  on 
Judiciary,  to  which  was  referred  G.  0.  No.  8,  1898,  made  the  fol- 
lowing report: 

Indianapolis,  Ind.,  February  7,  1898. 
Mr.  President: 

I,  as  a  member  of  your  Committee  on  Judiciary,  beg  leave  to  make  a 
minority  report  on  G.  O.  No.  8,  1898,  and  recommend  that  the  same  do 
pass.  E.  W.  Little. 

Which  was  read. 


February  7,  1898.]  city  of  Indianapolis,  ind.  145 

Mr.  Colter  moved  that  the  majority  report  be  concurred  in. 

Mr.  Little  moved  to  lay  Mr.  Colter's  motion  on  the  table. 

The  ayes  and  nays  being  called  for,  the  roll  was  called,  and 
Mr.  Little's  motion  was  lost  by  the  following  vote: 

Ayes  8 — viz.:  Messrs.  Bowser,  Clark,  Higgins,  Little,  Moftett,  Scanlon, 
Smith  and  President  Mahoney. 

Nays  13 — viz.:  Messrs.  Allen,  Bernauer,  Colter,  Costello,  Crall,  Har- 
ston,  Knight,  Madden,  Merrick,  McGrew,  Rauch,  Shaffer  and  Von  Spreck- 
elsen. 

Before  the  vote  was  announced  Mr.  Clark  changed  his  vote 
from  the  affirmative  to  the  negative. 

The  question  being  on  the  adoption  of  Mr.  Colter's  motion. 
Which  was  adopted  by  the  following  vote: 

Ayes  19 — viz  :  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello, Crall,  Harston,  Higgins,  Knight,  Madden,  Merrick,  Moftett,  McGrew, 
Rauch,  Scanlon,  Shaffer,  Smith  and  Von  Spreckelsen. 

Nays  2 — viz.:    Messrs.  Little  and  President  Mahoney. 

Mr.  Moffett,  on  behalf  of  a  majority  of  the  Committee  on  Pub- 
lic Safety  and  Comfort,  to  which  was  referred: 

G.  0.  No.  2,  1898.  An  ordinance  licensing  and  regulating  sparring 
and  boxing  matches  in  the  City  of  Indianapolis,  providing  a  penalty  for 
the  violation  thereof  and  fixing  the  time  when  the  same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  January  12, 1898. 
Mr.  President: 

We,  your  Committee  on  Public  Safety  and  Comfort,  have  had  G.  Q. 
No  2,  1898,  under  consideration,  and  would  recommend  it  do  not  pass. 

Respectfully, 

E.  D.  Moffett. 
T.  A.  Bowser. 
W.  F.  Smith. 
Whch  was  read. 

Mr.  Clark,  on  behalf  of  a  minority  of  the  Committee  on  Pub- 
lic Safety  and  Comfort,  to  which  was  referred  G.  0.  No.  2,  1898, 
made  the  following  report: 

Indianapolis,  Ind.,  January  12,  1898. 
Mr.  President: 

We,  the  minority  of  the  Committee  on  Public  Safety  and  Comfort, 
would  recommend  that  G.  0.  No.  2,  1898,  do  pass. 

Respectfully, 

Frank  S.  Clark. 
Albert  E.  Rauch. 
Which  was  read. 


146  journal  of  common  COUNCIL.  [Regular  Meeting 

Mr.  Clark  moved  that  the  minority  report  be  substituted  for 
the  majority  report: 

The  ayes  and  nays  being  called  for  by  Messrs.  Knight  and 
McGrew,  the  roll  was  called,  which  resulted  in  the  adoption  of  Mr. 
Clark's  motion  by  the  following  vote: 

Ayes  11 — viz.:  Messrs.  Bernauer,  Clark,  Colter,  Harston,  Higgins, 
Little,  Merrick,  Rauch,  Shaffer,  Von  Spreckelsen  and  President  Mahoney. 

Nays  10— viz.:  Messrs.  Allen,  Bowser,  Costello,  Crall,  Knight,  Mad- 
den, Moffett,  McGrew,  Scanlon  and  Smith. 


APPROPRIATION    ORDINANCES. 


Under  this  order  of  business,  the  following  ordinances  were 
introduced  : 

By  Mr.  Costello: 

App.  O.  No.  3,  1898.  An  ordinance  appropriating  the  sum  of  four 
thousand,  two  hundred  dollars  ($4,200),  for  the  use  of  the  Department 
of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  and  fixing  a  time 
when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained,  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  there  be  and  is  hereby  appropriated,  out  of 
any  funds  in  the  City  Treasury  not  otherwise  appropriated,  the  sum 
of  four  thousand,  two  hundred  dollars  ($4,200),  for  the  use  of  the 
Department  of  Public  Works  of  said  city,  to  be  specifically  applied  to 
the  improvement  of  the  space  east  of  the  East  Market  House  for  market 
purposes. 

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

Which  was  read  a  first  time  and  referred  to  Committee  on 
Finance. 


By  Mr.  Costello: 

App.  O.  No.  4,  1898.  An  ordinance  appropriating  the  sum  of  one 
hundred  and  six  dollars  and  sixteen  cents  with  which  to  pay  a  certain 
claim  made  by  reason  of  the  City  Comptroller  issuing  a  liquor  license  to 
John  Hoffman,  on  the  4th  day  of  January,  1898,  to  do  business  on  the 
premises  known  as  old  No.  199  Meek  street,  in  the  City  of  Indianapolis, 
upon  which  premises  a  license  had  already  been  issued  by  said  Comp- 
troller to  one  James  Reilly  on  the  9th  day  of  June,  1897. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  the  sum  of  one  hundred  and  seven  and  sixty- 
two  one  hundredths  dollars  be,  and  the  same  is  hereby  appropriated  to 
pay  James  Reilly  the  claim  made  by  him  under  and  by  virtue  of  Section 
8  of  an   act  of  the  General  Assembly,  approved  March  11,  1895  (Acts 


February  7,  1898.]  city  of  Indianapolis,  ind.  14:7 

1895,  page  248),  filed  in  the  office  of  the  City  Comptroller  on  January 

22,  1898. 

Which   was  read  a  first  time  and   referred  to  Committee  on 
Accounts  and  Claims. 


INTRODUCTION    OF    GENERAL    AND   SPECIAL    ORDINANCES. 

Under  this  order  of  business,  the  following  ordinances  were 
introduced: 

By  Mr.  Harston  : 

G.  O.  No.  9,  1898.  An  ordinance  prohibiting  the  soliciting  of  custom, 
or  trade  upon  the  streets,  sidewalks  and  other  public  places  in  the  City 
of  Indianapolis,  and  fixing  penalties  for  the  violation  thereof. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  it  shall  be  unlawful  for  any  merchant  or  other 
tradesman,  or  the  keeper  of  any  hotel,  boarding  house,  restaurant,  shop, 
store,  or  the  proprietor  or  manager  of  any  other  business  in  said  city,  to 
solicit  the  custom  or  trade  of  the  public  or  of  any  individual,  either  by 
outcry  made  by  himself  or  any  employe,  in  or  about  any  door  or  window 
of  his  place  of  business,  or  on  any  sidewalk  or  street  of  said  city,  or  by 
solicitations,  personally  made  by  himself  or  an  employe,  to  any  person 
or  persons  passing  along  on  any  street  or  sidewalk  of  said  city,  and  any 
person  violating  any  of  the  provisions  of  this  section  shall,  on  conviction, 
be  fined  in  any  sum  not  less  than  two  nor  more  than  twenty  dollars. 

Sec.  2.  This  ordinance  shall  be  in  force  from  and  after  its  passage 
and  publication  for  two  consecutive  weeks  in  The  Indianapolis  Sentinel, 
a  newspaper  of  general  circulation  in  said  city. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 

By  Mr.  Mahoney : 

G.  0.  No.  10,  1898.  An  ordinance  requiring  all  property  owners  or 
agents  to  obtain  a  permit  from  the  Park  Bureau  before  planting  any 
tree  or  trees  in  or  along  the  streets  of  the  City  of  Indianapolis,  and 
requiring  all  trimming  or  pruning  of  trees  along  said  streets  to  be  done 
under  the  direction  of  the  Park  Superintendent. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  That  it  shall  hereafter  be  unlawful  for  any  property  owner 
or  agent  to  plant  or  cause  to  be  planted  any  tree  or  trees  in  or  along  the 
streets  of  said  city  without  first  filing  with  the  Park  Bureau  an  appli- 
cation setting  forth  the  species  and  variety  of  tree  proposed  to  be  planted, 
giving  frontage  of  lot  and  distance  to  nearest  trees  upon  either  side  of 
said  lot,  and  other  facts  connected  therewith,  and  obtaining  the  approval 
of  said  Park  Bureau. 

Sec.  2.  It  shall  be  unlawful  for  any  person  to  prune  or  trim  any  tree 
planted  in  or  along  the  streets  of  the  City  of  Indianapolis  unless  done 
under  the  direction  of  the  Park  Superintendent  of  said  city  and  by 
authority  of  a  permit  granted  by  him. 


14:8  journal  or  common  council.  [Regular  Meeting 

Sec.  3.  Any  person  violating  any  of  the  provisions  of  this  ordinance 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  less  than  one 
dollar  nor  more  than  ten  dollars. 

Sec.  4.  This  act  shall  be  in  full  force  and  effect  after  its  publication 
once  each  week  for  two  consecutive  weeks  in  The  Indianapolis  Sentinel. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Property  and  Improvements. 

By  Mr.  Colter: 

G.  O.  No.  11,  1898.  An  ordinance  amending  section  seven  (7)  of 
General  Ordinance  No.  53,  1894 — commonly  known  as  the  "Building 
Ordinance." 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  section  seven  (7)  of  General  Ordinance  No. 
53,  1894,  be  stricken  out  and  in  lieu  thereof  the  following  be  inserted: 

"Section  7.  Every  permit  or  license  for  the  construction  or  repair 
of  any  building  within  said  city  shall  be  signed  by  the  Mayor,  approved 
by  the  Building  Inspector,  and  issued  by  the  Comptroller,  upon  the 
payment  to  him  of  the  fee  hereinbefore  provided  for,  and  no  license 
or  permit  shall  be  valid  until  thus  signed,  approved  and  issued :  Provided, 
however,  That  before  any  permit  or  license  shall  be  issued  it  shall  be 
the  duty  of  the  contractor,  or  contractors,  to  first  give  a  bond,  with  good 
and  sumcent  surety  to  the  satisfaction  of  the  Comptroller,  in  the  sum 
of  one  hundred  dollars,  as  a  guarantee  that  the  contractor,  or  contractors, 
upon  the  completion  of  the  building  or  structure  for  which  the  license 
shall  be  issued  will  repair  or  replace,  to  the  satisfaction  of  the  City 
Engineer  of  said  city,  any  streets  or  alleys  abutting  or  in  the  vicinity  of 
the  proposed  building,  or  structure,  which  may  have  been  injured  by  or 
on  account  of  the  construction  of  the  same.  Said  Comptroller  shall 
keep  a  record  of  such  permits,  showing  the  number,  date  of  issuance,  to 
whom  issued  and  the  amount  of  fees  paid.  If  at  any  time  the  Building 
Inspector  shall  discover  that  the  applicant  to  whom  such  license  or  per- 
mit was  issued  has  in  any  way  violated  his  rights  in  the  terms  thereof, 
or  the  provisions  of  this  ordinance,  he  shall  promptly  report  the  same, 
whereupon  the  Mayor,  for  good  cause  shown,  may  revoke  such  license. 
It  shall  be  unlawful  for  any  person  to  whom  any  such  permit  or  license 
has  been  issued  to  refuse  or  fail  to  show  the  same  when  requested  to  do 
so  by  the  Building  Inspector  or  any  member  or  appointee  of  the  Depart- 
ment of  Public  Safety." 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  publication  once  each  week  for  two  successive  weeks  in 
The  Indianapolis  Sentinel,  a  daily  newspaper  of  general  circulation 
printed  and  published  in  the  City  of  Indianapolis,  Indiana. 

Which  was  read  a  first  time  and  referred  to  the  special  com- 
mittee appointed  to  consider  G.  0.  No.  74,  1897  (amendment  to 
building  ordinance)  :     Von  Spreckelsen,  McGrew  and  Crall. 

By  Mr.  Costello  (by  request) : 

G.  0.  No.  12,  1898.  An  ordinance  regulating  the  standing  of  vehicles, 
teams,  horses  or  cattle,  etc.,  and  prohibiting  the  feeding  of  any  animal 


February  7,  1898.]  city  of  Indianapolis,  ind.  149 

upon  any  improved  street  in  the  City  of  Indianapolis;  providing  a  pen- 
alty for  the  violation  thereof;  repealing  conflicting  ordinances,  and 
fixing  a  time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  That  it  shall  be  unlawful,  within  that  part  of  the  City  of 
Indianapolis  bounded  by  the  east  line  of  Alabama  street  on  the  east,  the 
north  side  of  New  York  street  on  the  north,  the  west  side  of  Senate  avenue 
on  the  west,  and  the  Union  tracks  on  the  south,  for  any  person  to  stop 
or  station,  or  cause  the  stopping  or  stationing  of  any  horse  and  vehicle, 
or  teams,  horses,  mules  or  cattle  on  any  permanently  improved  street  of 
said  city  for  a  period  longer  than  one  hour  at  any  one  time,  or  for  such 
time  as  is  reasonably  necessary  to  discharge  or  receive  a  load  for  such 
vehicle. 

Sec.  2.  It  shall  be  unlawful  for  any  person  or  persons  to  feed  or  cause 
to  be  fed,  any  horse,  mule  or  other  animal  in  or  upon  any  permanently 
improved  street  of  said  city. 

Sec.  3.  Any  person  convicted  of  having  violated  any  of  the  provisions 
of  this  ordinance  shall  be  fined  for  the  first  offense  one  dollar  and  costs, 
and  for  the  second  or  any  succeeding  offense,  not  less  than  five  dollars 
and  costs  nor  more  than  one  hundred  dollars  and  costs. 

Sec.  4.  All  ordinancees  or  parts  of  ordinances  in  conflict  herewith 
are  hereby  repealed. 

Sec.  5.  This  ordinance  shall  be  in  force  from  and  after  its  passage 
and  publication  one  day  each  week  for  two  successive  weeks  in  The 
Indianapolis  Sentinel,  a  daily  newspaper  of  general  circulation,  printed 
and  published  in  said  city. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Safety  and  Comfort. 

By  Mr.  Little: 

G.  0.  No.  13,  1898.  An  ordinance  fixing  the  maximum  rate  to  be 
charged  for  the  use  of  water  to  private  consumers,  and  repealing  all 
ordinances  in  conflict  therewith  and  declaring  an  emergency. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  it  shall  be  unlawful  for  any  person  or 
persons,  firm  or  corporation  organized  under  the  laws  of  the  State  of 
Indiana,  or  any  association  or  company  to  charge,  demand  or  receive 
from  any  private  consumer  or  consumers  a  greater  sum  or  amount  than 
is  herein  fixed  by  the  following  schedule,  to-wit: 

AIR   PUMPS. 

For  each  air  pump per  annum,  $10  to  $20 

BAKERIES. 

For  each  bakery,  for  the  average  daily  use  of  flour,  for  each 

barrel per  annum,  $2.00 

BANKS. 

For  each  bank per  annum,     8.00 

BARBER   SHOPS. 

For  each  barber  shop  not  exceeding  three  chairs  ....  .  per  annum,  5.00 
For  each  additional  chair "  50 


150 


JOURNAL   OF   COMMON   COUNCIL. 


[Regular  Meeting 


BATHS. 

For  each  bathing  tub  in  public  bath  house per  annum,  $7.50 

For  each  bath  tub  in  private  family "  2.00 

When  there  is  a  wash-stand  in  the  bath  room,  the  charge 
will  be  the  same  as  if  the  water  was  connected  with  the  bath 
tub  proper. 
For  each  additional  bath  tub  in  private  family "  1.00 

Provided,  That  in  all  cases  where  the  faucet  at  the  bath  tub 
is  the  only  water  connection  in  the  dwelling,  block  or  hotel, 
an  additional  charge  for  family,  tenement  or  other  general 
uses  will  be  made  at  the  usual  rates  for  such  uses. 

BLACKSMITH  SHOPS. 

For  three  fires  or  less per  annum,     7.50 

Each  additional  fire "  1.00 


BOARDING   HOUSES. 

For  each  room per  annum,     1.50 

BOTTLING   BEER. 

For  each  beer  bottling  establishment per  annum,  15.00 

Or  meter  rates. 

BUILDING   RATES. 

Laying  brick per  1,000,         5  c. 

Laying  stone per  yard,  l^c. 

Plastering per  100  yds.,  19  c. 

CANDY   FACTORIES.  ~ 

For  each  factory per  annum,  10.00 

CHURCHES. 

For  each  church  with  baptistry per  annum,     4.00 

For  each  church  without  baptistry "  3.00 

Church  organs "  25.00 

CONCRETE. 

Four  inches  thick per  square  yard,  k. 

Six  inches  thick 

Eight  inches  thick 

Ten  inches  thick 

Twelve  inches  thick 

Fifteen  inches  thick 

Eighteen  inches  thick •    ■    .    .    . 

Cooling  concrete  or  pavement,  |c.  a  yard  in  addition  to 
above  charges. 

CURBING. 

From  T6o  cent  to  1  cent  a  foot. 

DWELLINGS. 

For  each  dwelling  house  of  six  rooms  or  less,  occupied  by  one 

family per  annum, 

Each  additional  room 

Each  additional  family 

Lodgers  or  roomers,  when  no  meals  are  taken,  in  addition  to 
family  use,  each 


1  c. 

1  c. 

1  c. 

l^c. 

He. 

l|c. 

2.50 

50 

1.50 

50 


DYEING   AND   SCOURING. 

For  each  establishment per  annum,  15.00 


February  7,  1898.] 


CITY   OF   INDIANAPOLIS,    IND. 


151 


FIRE   PROTECTION    LINES. 

Under  special  contract,  4-inch  pipe  running  into  single  building,  $50  per  annum  ; 
3-inch,  $35 ;  2-inch,  $25.  Fire  lines  run  into  buildings  supplied  with  water 
for  general  purposes. 

FOUNTAINS. 

One-sixteenth  of  an  inch  opening per  season,    $5.00 

Each  additional  one-sixteenth-inch,  up  to  one-half-inch  .    .    .  "  2.00 

Each  glass  tumbler  washer "  5.00 

GAS  ENGINES. 

One-sixteenth-inch  jet per  annum,  10.00 

Larger  openings,  meter  measure. 
Gas  engines  with  tank  and  return  system,  not  connected  with 

city  water 5.00 

GREEN   HOUSES. 

1,000  square  feet  and  under per  annum,     7.50 

2,000  square  feet  and  under "  12.50 

Over  2,000  square  feet,  50  cents  per  100  square  feet. 


HOSE  USE. 

In  connection  with  family  use. 

For  a  lot  30  feet  and  under per  season,      3.00 

Over  30  feet,  5  cents  for  each  additional  foot. 

For  a  lot  30  feet  or  under "  3.00 

Over  30  feet,  5  cents  for  each  additional  foot. 

Hose  use,  in  connection  with  family  use,  where  streets  are 
sprinkled  by  public  contract — 

Twenty  feet  and  under per  season,      2. 

Thirty  feet  and  under "  2. 

Forty  feet  and  under "  2 . 

Fifty  feet  and  under "  3. 

Sixty  feet  and  under "  3. 

Seventy  feet  and  under "  3. 

Eighty  feet  and  under "  3. 

Ninety  feet  and  under "  4. 

One  hundred  feet  and  under "  5. 

Hose  use  alone,  where  streets  are  sprinkled  by  public  contract — 

Twenty  feet  and  under "  3.00 

Thirty  feet  and  under "  3.40 

Forty  feet  and  under "  3.60 

Fifty  feet  and  under "  4.00 

Sixty  feet  and  under "  4.30 

Seventy  feet  and  under "  4.50 

Eighty  feet  and  under "  4.75 

Ninety  feet  and  under "  5.20 

One  hundred  feet  and  under "  5.50 

Washing  buggies  from  street  washers per  annum,     3.00 

Small  children  allowed  to  sprinkle. 

HYDRAULIC   ELEVATORS. 

Special  contract. 


LIVERY   STABLES. 

Ten  stalls  and  under,  each per 

Each  additional  stall 

No  charge  less  than  $5. 


annum,     1 
1 


152  journal  of  common  council.  [Kegular  Meeting 

DELIVERY   WAGONS. 

Eight  wagons  or  under,  each per  annum,  $1.50 

Each  additional  wagon .    .  "  1.50 

No  charge  less  than  $5. 

EXPRESS,    HACKS    AND    OMNIBUSES. 

Ten  vehicles  and  under,  each per  annum,     2.00 

Each  additional  vehicle "  1.00 

MANUFACTURERS. 

For  drinking,  washing  hands,  10  hands  or  less per  annum,     2.50 

Each  additional  hand,  up  to  20 *......  "  10 

Each  hand  over  20 "  5 

MOTORS   FOR   POWER. 

One-sixteenth  inch  jet per  month,  2.00 

One-eighth  inch    ^ "  3.00 

Three-sixteenths  inch  . "  4.00 

One-fourth  inch "  5.00 

Three-eighths  inch "       '  6.00 

OFFICES. 

For  each  office  of  professional  person per  annum,     2.50 

PHOTOGRAPH   GALLERIES. 

For  each  photograph  gallery per  annum,     5.00 

PRINTING   OFFICES. 

Each  printing  office  (without  power) -.    .    .    .    .  per  annum,     5.00 

RESTAURANT. 

For  each  restaurant per  annum,  15.00 

SALOONS. 

For  each  saloon per  annum,     5.00 

For  each  additional  faucet '*  50 

SODA    FOUNTAINS. 

For  each  soda  fountain per   season,  10.00 

STABLES. 

For  each  stable  for  private  family,  including  water  for  wash- 
ing carriages  by  hand,  for  two  horses    per  annum,     2.00 

STEAM    BOILERS   FOR   HEATING. 

For  house  use per  annum,     3.00 

For  store  use "  3.00 

STEAM   ENGINES. 

Ten  hours  run  ;  longer  time  same  proportion. 
For  each  steam  engine— 

1  to  3  horse-power,  per  annum per  horse-power,     2.50 

3  to  5  horsepower,  per  annum "  "  2.50 

10  horse-power,  per  annum "  "  2.00 

20  horse-power,  per  annum "  "  2.00 

30  horse-power,  per  annum "  "  2.00 

40  horse-power,  per  annum "  '•'  2.00 

50  horse-power,  per  annum "  "  1.50 

75  horse-power,  per  annum "  "  1.50 

100  horse-power,  per  annum  . "  "  1 .00 

Or  meter  rates. 

Water  from  canal,  same  purpose,  per  annum   ...  "  "  75 


February  7,  1898.]  city  of  Indianapolis,  ind.  153 

STORES. 

Stores,  drug  or  liquor,  12  feet  and  under .    .    .  per  annum,  $2.50 

] 2  feet,  not  exceeding  15 3.00 

15  feet,  not  exceeding  18 "              3.50 

18  feet,  not  exceeding  22 "              4.00 

22  feet,  not  exceeding  25 "              4.00 

25  feet,  not  exceeding  30 "              5.00 

30  feet,  not  exceeding  40 5.00 

40  feet,  not  exceeding  50 5.00 

Drug  and  liquor  stores 5.00 

WHOLESALE    STORES. 

30  feet  or  less  than  40 per  annum,     5.40 

40  feet  or  less  than  50 "  6.50 

50  feet  or  less  than  60 "  7.20 

60  feet  or  less  than  80  .    ....... "  7.20 

Larger  stores,  same  proportion. 

Residences  in  connection  with  stores  will  be  charged  fam- 
ily rates. 

STREET   SPRINKLERS. 

With  cart,  for  each  cart  or  team,  with  two  attachments   .    .    .per  month,  12.00 
Each  additional. attachment "  6.00 

TUMBLER   WASHERS. 

In  connection  with  other  uses .  per  season,     3.00 

URINALS. 

For  each  public  urinal * '  .*    .    .  per  annum,     2.50 

For  each  private  urinal "  1.50 

WATER   CLOSETS. 

For  each  public  water  closet per  annum,     2.50 

For  each  private  water  closet "  1.50 

WATER   LIFTERS. 

In  addition  to  house  use per  annum,     6.00 

The  water  for  family  use  must  be  drawn  through  the  lifter. 

WATER    MOTORS. 

Each  water  motor  for  family  sewing  machine per  annum,     1.80 

Coffee  mills "  1.00 

Each  water  motor  for  organs "  30.00 

Sec.  2.  Any  person  or  persons,  or  corporation,  association  or  company 
furnishing  water  shall  make  all  connections  at  any  time  upon  applica- 
tion of  such  consumer  or  consumers. 

Sec.  3.  Any  person  or  persons,  or  firm,  company  or  association  or 
corporation  violating  any  of  the  provisions  of  this  ordinance  shall  upon 
conviction  be  fined  in  any  sum  not  less  than  fifty  dollars,  nor  more  than 
one  hundred  dollars. 

Sec.  4.  All  ordinances  and  parts  of  ordinances  in  conflict  with  this 
ordinance  is  hereby  repealed. 

Sec.  5.    No  extra  charge  to  be  made  for  automatic  fire  sprinklers. 

Sec.  6.  As  an  emergency  is  hereby  declared  to  exist  for  the  immedi- 
ate taking  effect  of  this  ordinance  it  shall  be  in  full  force  and  effect 
from  and  after  its  passage  and  publication  for  one  day  each  week  for  two 


154:  journal  of  common  council.  [Begular  Meeting 

consecutive  weeks  in  The  Indianapolis  Sentinel,  a  daily  newspaper  of 
general  circulation. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Judiciary. 

By  Mr.  Moffett: 

G.  O.  No.  14, 1898.  An  ordinance  prohibiting  the  pollution  of  streams 
of  water  within  the  corporate  limits  of  the  City  of  Indianapolis;  pre- 
scribing penalties  for  its  violation. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  it  shall  be  unlawful  for  the  proprietor,  man- 
ager or  other  person  or  persons  having  the  control  or  management  of 
any  slaughter  house  or  pork  or  beef  packing  establishment  in  the  City 
of  Indianapolis,  to  allow  or  permit  any  blood  or  other  offal  of  animals 
slaughtered  or  packed  in  or  about  any  such  establishment,  to  be  thrown, 
carried  or  conveyed  into  White  Biver,  Fall  Creek,  Pogue's  Bun,  Pleasant 
Bun,  or  any  other  running  stream  or  natural  water  course  at  any  point 
within  the  corporate  limits  of  such  city:  Provided,  That  the  blood  or 
fluid  offal  of  animals  slaughtered  or  packed  in  any  such  slaughter  house 
or  packing  establishment  situate  on  the  banks  of  the  White  Biver  may 
be  conveyed  through  the  sewer  known  as  the  White  Biver  Interceptor, 
or  any  sewer  connecting  therewith. 

Sec.  2.  Any  person,  corporation  or  partnership  violating  any  of  the 
provisions  of  Section  1  of  this  ordinance  shall,  on  conviction  thereof, 
be  fined  in  any  sum  not  less  than  five  nor  more  than  fifty  dollars,  and 
each  day  on  which  any  such  violation  shall  occur  shall  be  deemed  as  a 
separate  offense. 

Sec.  3.  This  ordinance  shall  take  effect  on  the  1st  day  of  June,  1898, 
and  after  its  publication  once  each  week  for  two  consecutive  weeks  in 
The  Indianapolis  Sentinel,  a  newspaper  having  general  circulation  in 
said  city. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Health. 


MISCELLANEOUS    BUSINESS. 


Mr.  Smith  offered  the  following  resolution  : 

Besolution  No.  2,  1898.  Whereas  the  present  mode  of  levying  assess- 
ments against  property  owners  for  the  construction  of  sewers,  as  pro- 
vided by  law,  has  been  proven  by  experience,  to  be  inequitable  and 
unjust;  therefore,  be  it 

Besolved,  That  we,  the  Common  Council,  do  favor  such  legislation  as 
will  tend  to  equalize  the  burdens  of  taxation.  Further,  that  such  legis- 
lation require  that  all  sewers  be  built  from  a  fund  created  by  a  tax  upon 
all  property,  both  real  and  personal,  at  a  uniform  rate  upon  the  asssessed 
valuation  ;  be  it  further 

Besolved,  That  we  ask  the  co-operation  and  support  of  the  Mayor  and 
the  entire  administration,  in  an  effort  to  secure  such  legislation. 

Which  was  read  and  referred  to  Committee  on  Judiciary.    . 


February  7,  1898.]  city  of  Indianapolis,  ind.  155 


ORDINANCES    ON    SECOND    READING. 

On   motion    of  Mr.   Clark,  the   following   entitled   ordinance 

was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 

read  a  third  time: 

G.  0.  No.  2,  1898.  An  ordinance  licensing  and  regulating  sparring 
and  boxing  matches  in  the  City  of  Indianapolis,  providing  a  penalty  for 
the  violation  thereof  and  fixing  the  time  when  the  same  shall  take  effect. 

Mr.  Smith  moved  that  G.  0.  No.  2,  1898,  be  referred  to  the 
Committee  on  Judiciary  for  the  purpose  of  consulting  City 
Attorney  as  to  legality  of  same. 

Mr.  Clark  moved  to  lay  Mr.  Smith's  motion  on  the  table. 

The  ayes  and  nays  being  called  for,  the  roll  was  called,  which 
resulted  in  the  adoption  of  Mr.  Clark's  motion  by  the  following 
vote: 

Ayes  16 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Costello, 
•Crall,  Harston,  Higgins,  Little,  Merrick,  Moffett,  Rauch,  Scanlon,  Shaffer 
and  Von  Spreckelsen. 

Nays  5 — viz.:  Messrs.  Knight,  Madden,  McGrew,  Smith  and  President 
Mahoney. 

On  motion  of  Mr.  Clark,  G.  O.  No.  2,  1898,  was  then  placed  on 
its  final  passage,  and  passed  by  the  following  vote: 

Ayes  11 — viz.:  Messrs.  Bernauer,  Clark,  Colter,  Harston,  Higgins, 
Little,  Merrick,  Rauch,  Shaffer,  Von  Spreckelsen  and  President  Mahoney. 

Nays  10 — viz.:  Messrs.  Allen,  Bowser,  Costello,  Crall,  Knight,  Madden, 
Moffett,  McGrew,  Scanlon  and  Smith. 

On  motion  of  Mr.  Merrick,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time: 

App.  0.  No.  1, 1898.  An  ordinance  appropriating  the  sum  of  one  hun- 
dred and  twenty-five  dollars  ($125)  with  which  to  pay  a  certain  claim 
made  by  virtue  of  Section  8,  of  an  act  entitled  "An  act  to  better  regulate 
and  restrict  the  sale  of  intoxicating  and  malt  liquors,"  etc.,  approved 
March  11,  1895,  and  fixing  the  time  when  the  same  shall  take  effect. 

On  motion  of  Mr.  Harston,  App.  0.  No.  1,  1898,  was  ordered 
engrossed,  read  a  third  time,  and  passed  by  the  following  vote: 

Ayes  21 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Costello, 
Crall,  Harston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett, 
McGrew,  Rauch,  Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President 
Mahoney. 

Nays— None. 

On  motion  of  Mr.  Colter,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time: 


156         .  journal  or  common  council.  [Regular  Meeting. 

G.  O.  No.  1,  1898.  An  ordinance  ratifying,  confirming  and  approving 
a  certain  contract  and  agreement,  made  and  entered  into  on  the  3d  day 
of  January,  1898,  between  the  City  of  Indianapolis,  by  and  through  its 
Board  of  Public  Works,  and  the  Indianapolis  Desiccating  Company, 
whereby  said  company  is  authorized  to  construct,  maintain,  lay  and 
operate  upon  the  property  of  the  City  of  Indianapolis,  comprising  a 
public  place  known  as  Sellers  farm,  a  railroad  track,  and  fixing  a  time 
when  the  same  shall  take  effect. 

Mr.  Colter  moved  that  the  amendment  to  G.  O.  No.  1,  1898,  as 
recommended  by  the  Committee  on  Contracts  and  Franchises,  be 
adopted. 

Which  motion  prevailed. 

On  motion  of  Mr.  Colter,  G.  O.  No.  1,  1898,  was  then  ordered 
engrossed,  as  amended,  read  a  third  time,  and  passed  by  the  fol- 
lowing vote: 

Ayes  11 — viz.:  Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello, 
Crall,  Harston,  Knight,  McGrew,  Rauch  and  Shaffer. 

Nay  10 — viz.:  Messrs.  Allen,  Higgins,  Little,  Madden,  Merrick,  Moffett, 
Scanlon,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

On  motion  of  Mr.  Costello,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

App.  O.  No.  2,  1898.  An  ordinance  appropriating  the  sum  of  forty- 
three  thousand  nine  hundred  and  seventy-six  dollars  and  sixty-one 
cents  ($43,976.61)  for  the  use  of  the  Department  of  Public  Works  of  the 
City  of  Indianapolis,  and  the  sum  of  forty-one  thousand  eight  hundred 
and  twenty-six  dollars  and  thirty-one  cents  (4i;826.31)  for  the  use  of 
the  Department  of  Public  Safety  of  the  City  of  Indianapolis,  and  fixing 
a  time  when  the  same  shall  take  effect. 

And  was  passed  by  the  following  vote: 

Ayes  21 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Costello, 
Crall,  Harston,  Higgins,  Knight,  Little,  Madden  Merrick,  Moffett, 
McGrew,  Rauch,  Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President 
Mahoney. 

Nays — None. 

On  motion  of  Mr.  Harston,  the  Common  Council,  at  9:25  o'clock, 
p.  m.,  adjourned. 


t^-^fcir^J^^ 

^<Z~  President. 


^  City  CM. 


February  21,  1898.]  city  of  Indianapolis,  ind.  157 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

February  21,  1898. 


The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  February  21,  1898,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  18  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins, 
Little,  Madden,  Merrick,  MofTett,  Rauch,  Scanlon,  Shaffer,  Smith 
and  Von  Spreckelsen. 

Absent,_2 — viz.:     Messrs.  Knight  and  McGrew. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Crall  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

COMMUNICATIONS,    ETC.,    FROM    MAYOR. 

His  Honor,  the  Mayor,  presented  the  following  communication : 

Executive  Department, 

City  of  Indianapolis, 

February  11,  1898. 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir— I  have  this  lltli  day  of  February,  1898,  approved  the  follow- 
ing ordinances: 

App.  O.  No.  1,  1898,  the  same  being  "An  ordinance  appropriating  the 
sum  of  $125  with  which  to  pay  a  certain  claim  made  by  virtue  of  Sec- 
't'ioin  8.  of  an  act  entitled  'An  act  to  better  regulate  and  restrict  the  sale 
of  intoxicating  and  malt  liquors,  etc." 


158  journal  or  common  council.  [Regular  Meeting 

App.  O.  No.  2,  1898,  the  same  being  "An  ordinance  appropriating  $43,- 
97G.61  for  the  use  of  the  Department  of  Public  Works,  and  $41,826.31 
for  the  use  of  the  Department  of  Public  Safety." 

Respectfully, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


His  Honor,  the  Mayor,  presented  the  following  communication : 

Executive  Department,  ) 

City  of  Indianapolis, 

February  12,  1898.  J 

To  the  President  and  Members  of  the  Common  Council: 

Gentlemen— I  herewith  return  to  you  General  Ordinance  No.  2,  without 
my  signature. 

After  duly  considering  the  same  I  deem  it  to  be  to  the  best  interest 
of  the  city  that  said  ordinance  does  not  become  a  law.  While  the  intent 
of  the  ordinance  itself  may  be  all  right,  there  is  no  question  in  my  mind 
but  what  it  would  be  abused  'and  surely  lead  to  brutality. 

I  am  also  opposed  to  the  passage  of  any  law  or  ordinance  that  con- 
stantly requires  the  presence  of  the  police  to  regulate  it,  as  is  required 
in  this  ordinance. 

If  friendly  sparring  or  boxing  is  the  object  of  the  ordinance,  there  is 
no  law  at  the  present  time  prohibiting  it,  consequently  there  is  no  'neces- 
sity, in  my  judgment,  for  such  an  ordinance. 

Respectfully, 

Thos.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department,  ] 

City  of  Indianapolis,         > 

February  12,  1898.  J 

To  the  President  and  Members  of  the  Common  Council: 

Gentlemen— I  have  to-day  approved  General  Ordinance  No.  1,  1898, 
ratifying,  confirming  and  approving  a  certain  contract  between  the  City 
of  Indianapolis  and  the  Indianapolis  Desiccating  Company,  whereby 
said  company  is  authorized  to  construct,  lay  and  maintain  a  railroad 
track  at  a  public  place  of  said  city  known  as  Sellers  Farm. 

Very  respectfully, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 

His  Honor,  the  Mayor,  presented  the  following  communication; 


February  21 ,  1898.]  city  of  Indianapolis,  ind.  159 

Executive  Department, 

City  of  Indianapolis, 

February  21, 1898. 
To  the  President  and  Members  of  the  Common  Council  : 

Gentlemen — I  have  the  honor  to  submit  herewith  the  annual  reports  of 
the  various  departments  of  the  City  Government  for  the  year  1897.  I 
am  sure  that  I  will  be  pardoned  if  I  call  attention  to  the  fact  that  the 
reports  submitted  embrace  the  first  year's  business  of  Greater  Indian- 
apolis, which  covers  an  area  of  nearly  twenty-eight  square  miles  of  ter- 
rJtory  with  a  population  of  about  200,000  people.  I  feel  confident  that 
the  recent  annexation  of  suburban  towns  will  prove  a  mutual  advan- 
tage. 

FINANCE    DEPARTMENT. 

The  report  of  the  City  Comptroller  shows  total  receipts,  including 
proceeds  from  Park  and  Station  House  Bonds,  $1,494,536.22;  total  ex- 
penditures, $1,113,203.98.  Of  this  amount  $907,022.15  was  paid  for  cur- 
rent expenses;  $142,874.32  for  permanent  improvements,  and  $62,707.51 
for  extraordinary  expenses.  The  available  cash  on  hand  January  1, 
1898,  was  $445,603.40. 

The  expenditures  in  permanent  improvements  were  made  up  largely 
Sn  expenses  incurred  in  the  erction  of  the  new  police  station  and  dispen- 
sary, new  engine  houses,  and  expenditures  in  bridges.  The  extraordi- 
nary expenses  were  composed  largely  of  the  debts  of  annexed  towns, 
the  payment  of  bonds  and  $5,000  paid  to  the  Cincinnati,  Hamilton  & 
Indianapolis  Railway  Company  on  account  of  damages  for  the  construc- 
tion of  the  Virginia  avenue  viaduct,  which  matter  had  been  in  litigation 
since  1892. 

The  total  bonded  Indebtedness  on  January  1,  1898,  was  $2,030,500, 
which  includes  $116,000  assumed  by  reason  of  the  annexation  of  the 
towns  of  Haughville,  Mt.  Jackson  and  Brightwood  and  the  'City  of  West 
Indianapolis. 

The  boundaries  of  the  city  having  been  largely  extended,  the  expenses 
have  correspondingly  increased.  The  tax  levy,  however,  has  remained 
the  same  as  during  the  past  seven  years.  I  am  of  the  opinion  that  with 
the  closest  economy  in  every  department  we  will  be  able  to  live  within 
the  revenue  derived  from  this  levy,  the  lowest  of  any  city  of  correspond- 
ing size  in  the  United  States. 

In  conclusion,  I  would  say  that  the  finances  have  had  the  same  careful 
management  that  they  have  had  for  the  past  two  years. 

DEPARTMENT    OF    LAW. 

There  were  sixty-eight  cases  pending  January  1,  1897;  forty-six  were 
filed  during  the  year;  thirty-eight  disposed  of;  leaving  seventy-six  still 
pending  January  1,  1898. 

The  litigation  between  the  city  and  C,  H.  &  I.  Railroad  Company 
has  been  finally  adjusted. 

A  case  is  now  awaiting  the  decision  of  the  Hamilton  Circuit  Court  at 
Noblesville,  which  involves  the  question  of  the  city's  right  to  control 
her  streets  after  1901.  As  will  readily  be  seen,  this  decision  is  of  the 
greatest  importance  to  the  city. 

The  gas  question,  in  which  every  citizen  is  interested,  will  shortly  be 
presented  to  the  court  on  its  merits.  The  people  have  been  denied  the 
privilege  of  cheaper  gas  on  account  of  the  injunction  granted  by  the 
Federal  Court,  but  I  have  every  reason  to  believe  that  they  will  very 
shortly  enjoy  the  proper  relief. 

The  total  appropriations  for  the  Daw  Department  were  $13,040.  Of 
this  amount  $4,777.96  was  expended,   leaving  a   balance   of  $8,242.24. 


160  journal  of  common  council.  [Regular  Meeting 

There  was  appropriated  for  special  counsel  and  expenses  in  the  street 
car  litigation  $4,894.70.  Of  this  $908.32  was  expended,  leaving  a  bal- 
ance of  $3,986.38. 

DEPARTMENT    OF    PUBLIC    WORKS. 

The  report  of  the  Board  of  Public  Works  includes  those  of  the  City 
Civil  Engineer,  Superintendent  of  Streets,  Chief  of  the  Bureau  of  As- 
sessments and  Clerk  of  the  Board.  The  total  appropriations  for  this 
department  during  the  year  1897  amounted  to  the  sum  of  $591,051.20, 
of  which  sum  $536,813.13  was  expended,  leaving  unexpended  $57,211.07. 

The  report  shows  the  construction  of  19.81  miles  of  public  improve- 
ments, at  a  cost  of  $579,081.86,  divided  as  follows: 

Kind  of  Improvement.         Miles.  Cost. 

Asphalt  streets  3.71  $185,252.67 

Brick  streets 1.01  16,171.54 

Gravel   streets    10.17  133,137.63 

Gravel  alleys 2.00  8,593.09 

Bowldered  -alleys. 14  454.10 

Cement  sidewalks   21.55  102,217.50 

Brick  sidewalks 27  461.63 

Sewers 10.93  132,190.70 

Totals    49.81  $579,081.86 

Since  the  Charter  went  into  effect  in  1891,  nearly  278  miles  of  public 
improvements  have  been  built  at  a  cost  of  $5,727,642.06.  This  'is  divided 
as  follows: 

Kind  of  Improvement.           Miles.  Cost. 

Asphalt  streets    35.08  $2,213,112.91 

Brick  streets    19.11  812,806.49 

Wooden  block  streets 5.46  378,429.79 

Macadam  streets   2.21  96.336.68 

Gravel  streets    44.91  485,762.83 

Gravel  alleys    7.37  21,510.61 

Bowldered  alleys 2.52  9,924.05 

Cement  sidewalks    71.48  376,756.52 

Brick  sidewalks 23.45  58,146.08 

Sewers    66.23  1,200,599.87 

Levees    14,227.20 

Totals    277.82  $5,727,643.06 

After  a  perusal  of  the  foregoing  tables  no  further  proof  of  the  earnest- 
ness and  enterprise  of  our  citizens  in  the  matter  of  public  improvements 
will  be  necessary,  as  the  figures  speak  for  themselves. 

I  am  glad  to  state  that  the  overhead  wires  in  the  mile  square  have 
been  placed  underground.  The  removal  of  the  unsightly  poles  adds 
greatly  to  the  beauty  of  the  city,  as  well  as  removing  serious  obstruc- 
tions to  the  Eire  Department  in  fighting  fires. 

I  feel  that  the  money  expended  on  Pogue's  Run  and  the  State  Ditch 
has  been  wisely  spent  and  will  be  very  beneficial  to  a  large  territory  in 
the  northeastern  portion  of  the  city,  as  well  as  affording  relief  to  Pogue's 
Run  itself,  which  for  years  has  been  a  menace  to  the  people  of  the  entire 
territory  through  which  it  flows. 

I  am  pleased  to  state  that  the  disposal  of  garbage,  which  has  always 
been  a  source  of  annoyance,  has  at  last  been  taken  care  of  in  a  very 


February  2l,  1898.]  city  of  Indianapolis,  Ind.  161 

satisfactory  manner  to  the  Boards  of  Public  Works  and  Health.  Con- 
sidering that  the  contract  was  entered  into  in  midsummer,  and  the  other 
disadvantages  under  which  the  authorities  and  contractors  have  worked, 
fl  believe  that  the  contract  has  been  in  the  main  satisfactory  and  will 
prove  even  more  so  during  the  coming  year.  The  unsightly  desiccating 
plant,  formerly  located  in  Kentucky  avenue,  near  Greenlawn  cemetery, 
has  been  removed  to  Sellers  Farm. 

The  condition  of  our  city  water  has  been  greatly  improved.  The 
demand  for  municipal  ownership  is  still  very  strong  and  I  am  heartily 
hi  favor  of  such  ownership  as  soon  as  practicable. 

The  city  can  soon  congratulate  itself  upon  the  completion  of  the  new 
Police  Station  and  City  Dispensary.  This  building  has  been  greatly 
needed  for  years  and  will  be  a  credit  to  the  city. 

On  account  of  annexation,  we  have  found  it  necessary  for  the  protec- 
tion of  the  residents  of  Haughville  and  Brightwood  to  erect  engine 
houses  at  those  points.  These  are  now  completed  and  ready  for  occu- 
pancy. 

A  lot  has  been  purchased  in  the  northeastern  part  of  the  city  for 
an  engine  house  in  that  locality,  and  I  believe  with  another  house  in 
the  southeastern  portion  of  the  city  our  'fire  protection  will  be  adequate 
in  every  respect. 

The  City  Engineer,  Mr.  Jeup,  has  rendered  Invaluable  service  during 
the  year  and  is  entitled  to  much  credit  for  his  vigorous  enforcement  of 
all  contracts  and  seeing  that  they  were  carried  out  according  to  speci- 
fications. 

In  fact,  I  am  glad  to  state  that  all  sub-departments  under  this  Board 
have  been  conducted  in  a  satisfactory  manner  to  the  public. 

I  cannot  refrain  from  saying  a  few  words  in  regard  to  the  manner 
in  which  the  city's  improved  streets  have  been  cleaned.  And,  while  the 
contract  has  been  let  at  a  less  price  for  the  ensuing  year,  I  am  of  the 
opinion  that  there  will  still'  be  an  improvement  over  the  cleaning  of 
last  year.  I  feel  that  this  can  be  accomplished  by  a  rigid  enforcement 
of  the  contract,  which  means  that  all  improved  streets  must  be  kept 
clean. 

DEPARTMENT    OF  PUBLIC   SAFETY. 

This  department  is  in  splendid  condition.  The  fire  force  has  been 
strengthened  by  the  erection  of  new  engine  houses  and  purchase  of  new 
apparatus,  and  it  gives  me  much  pleasure  to  say  that  the  fire  loss  in 
Indianapolis  for  the  past  year  is  the  lowest  it  has  been  in  years.  I  have 
to  congratulate  our  citizens  upon  the  reduction  in  fire  insurance  rates, 
which  I  believe  is  due  principally  to  the  efficiency  of  this  department, 
land  proves  that  the  fire  insurance  companies  have  appreciated,  in  a 
•substantial  manner,  the  efforts  put  forth  to  strengthen  and  better  this 
department. 

I  wish  to  commend  the  police  force  for  their  capable  service  during 
the  past  year.  I  feel  confident  that  the  completion  of  the  new  police 
telegraph  system  will  greatly  assist  in  making  this  department  still 
stronger.  I  wish  to  congratulate  Chief  Fire  Engineer  Barrett  and  Su- 
perintendent Quigley  upon  the  manner  in  which  their  respective  de- 
partments have  been  managed. 

The  East  Market  has  been  conducted  in  a  businesslike  manner.  This 
is  particularly  true  from  a  financial  standpoint. 

The  Hay  Market,  which  is  located  in  the  eastern  portion  of  the  city, 
has  not  been  a  financial  success'  and  I  believe  that  a  new  and  more  cen- 
tral location  should  be  found  for  it. 

The  Board,  during  the  past  year,  has  given  a  great  deal  of  time,  study 
land  attention  to  the  various  branches  of  its  business,  and  has  conducted 
the  affairs  of  its  department  in  a  careful  manner. 


162  journal  of  common  council.  [Regular  Meeting 


DEPARTMENT  OF  PUBLIC  HEALTH  AND  CHARITIES. 

This  has  been  a  busy  year  with  the  Board  of  Health.  Particularly  is 
this  true  of  the  latter  portion  of  the  year. 

The  Board  has  under  its  immediate  supervision  'the  carrying  out  of 
the  garbage  contract.  I  am  glad  to  state  that  through  its  perseverance 
this  contract  is  now  working  in  a  satisfactory  manner. 

I  wish  to  congratulate  the  Board  upon  the  service  it  has  rendered  in 
enforcing  regulations  for  the  purity  of  the  city's  milk  supply.  I  am  m 
favor  of  going  still  further,  and  would  recommend  the  passage  of  an 
ordinance  forbidding  the  sale,  or  offering  for  sale,  of  m'illv  except  where 
the  cows  have  been  examined  under  the  direction  of  this  Board  and 
pronounced  free  from  tubercular  disease. 

No  single  improvement  attempted  in  recent  years  has  been  more 
needed  or  will  be  more  appreciated  by  a  large  proportion  of  our  popular 
tion  than  the  new  City  Dispensary.  This  building  will  be  ready  for 
occupancy  shortly,  and  I  am  sure  that  the  work  of  the  Dispensary,  al- 
ready efficient  and  praiseworthy,  will  be  made  even  more  so  by  the  im- 
proved facilities  at  its  disposal. 

The  new  building  and  equipment  have  helped  to  place  the  City  Hospi- 
jtal  among  the  foremost  of  similar  institutions,  and  the  training  school 
for  nurses  in  connection  with  the  hospital  has  been  conducted  in  a  clean 
and  businesslike  manner  and  has  been  a  great  improvement  over  the 
former  manner  of  conducting  that  department. 

I  wish  to  thank  the  Board  for  its  work  during  the  past  year  and  for 
the  manner  in  which  the  present  Board  is  taking  up  matters  pertaining 
to  the  health  of  the  city.  In  this  connection,  I-deslre  to  recommend  the 
establishment  of  free  public  baths,  under  the  direction  and  control  of 
this  department.  I  feel  that  nothing  will  add  more  to  the  comfort  and 
good  health  of  a  large  number  of  our  citizens,  and  I  shall  take  pleasure 
!in  assisting  to  make  provision  for  such  an  institution  at  the  earliest 
possible  moment. 

PARKS. 

The  control  of  parks  having  reverted  to  the  Board  of  Public  Works, 
the  Board  has  authorized  the  survey  of  lands  and  lots  for  park  purposes, 
and  1  have  hopes  that  by  early  spring  ground  will  have  been  broken  on 
the  new  proposed  system.  This  will  include  not  only  the  Pall  Creek 
System,  but  such  other  local  parks  as  the  means  already  appropriated 
will  permit. 

CONCLUSION. 

In  conclusion,  I  shall  endeavor  during  the  coming  year  to  see  that  the 
best  interests  of  the  city  are  subserved.  Our  rapid  growth  and  increas- 
ing population  impose  new  and  additional  burdens  upon  every  official, 
but  I  am  sure  that  these  responsibilities  will  be  met  by  all.  I  desire  also 
to  extend  my  thanks  to  your  honorable  body  and  to  the  heads  of  all  de- 
partments and  their  subordinates,  who  have,  during  the  past  year,  ren- 
dered faithful  service. 

Respectfully  submitted, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


February  21,  1898.]  city  of  Indianapolis,  ind.  163 


REPORTS    FROM    CITY  OFFICERS. 

Communication  from  City  Comptroller: 

Department  of  Finance,  | 

Office  of  City  Comptroller,  > 

Indianapolis,  Ind.,  Feb.  21,  1898.  J 
To  the  President  and  Members  of  the  Common  Council  of  the  City  of  Indian- 
apolis: 

Gentlemen— I  respectfully  recommend  that  an  appropriation  be  made 
for  Mrs.  Katie  Friedrich,  widow  of  Max  Friedreich,  deceased,  the  sum 
of  one  hundred  four  dollars  and  seventeen  cents  ($104.17). 

Said  Max  Friedrich  was  operating  a  saloon  at  No.  813  South  East 
street,  under  license  which  would  have  expired  June  11,  1898;  said  Max 
Friedrich  having  died  September  13,  1897,  the  above  amount  being  a 
rebate  on  his  liquor  license  from  September  13,  1897,  to  June  11,  1898. 

Respectfully  submitted, 

E.  M.  Johnson, 
City  Comptroller. 

With  the  following  petition: 

To  the  Honorable  Common  Council  of  the  City  of  Indianapolis  : 

Gentlemen— Your  petitioner,  Katie  Friedrich,  respectfully  shows  to 
your  honorable  body  that  she  is  the  widow  of  Max  Friedrich,  late  a  resi- 
dent of  the  City  of  Indianapolis,  Marion  County,  Indiana,  who  died  in 
said  city  on  the  13th  day  of  September,  1897. 

Your  petitioner  further  shows  that  on  June  11,  1897,  her  said  husband 
obtained  from  the  City  of  Indianapolis  "a  license  to  sell,  for  one  year 
from  said  date,  spirituous,  vinous  and  malt  liquors  in  less  quantities 
than  one  quart  at  813  South  East  street  in  said  City,  to  be  drunk  on  said 
premises,"  paying  for  said  license  the  sum  of  two  hundred  and  fifty 
(250)  dollars. 

Your  petitioner  further  shows  that  the  estate  left  by  her  late  husband, 
including  the  rebate  on  the  license  herein  described,  was  less  than  five 
hundred  dollars,  and  that  the  debts  of  said  estate  have  been  all  paid. 

Wherefore,  your  petitioner  asks  your  honorable  body  to  refund  to  her 
the  proportionate  part  of  said  license  fee  of  $250,  paid  to  said  City  for 
the  unexpired  part  of  said  vear,  to-wit:  from  September  13,  1897,  to 
June  11,  1898. 

Katie  Friedrich. 
State  of  Indiana,  Marion  County,  ss  : 

Subscribed  and  sworn  to  before  me,  this  11th  day  of  February,  1898. 

Witness  my  hand  and  notarial  seal,  this  11th  day  of 
February,  1898.  Emil  C.  Rassmann, 

Notary  Public. 

Which  was  read  and  referred  to  Committee  on  Accounts  and 
Claims. 

reports  from  official  boards. 

Seventh  annual  report  of  the  Department  of  Public  Works,  of 
the  City  of  Indianapolis,  for  the  year  ending  December  31,  1897. 

Which  was  received  and  ordered  filed. 


164:  journal  of  common  council.  [Kegular  Meeting 

Communication  from  Board  of  Public  Safety : 

Department  of  Public  Safety, 

Indianapolis,  February  21,  1898. 

Hon.  John  H.  Malioney,  President,  and  Members  of  the  Common  Council: 

Gentlemen—  I  am  directed  by  the  Board  of  Public  iSafety  to  recom- 
mend to  your  honorable  body  the  passage  of  an  ordinance  fixing  the 
salary  of  the  Assistant  Market  Master  at  $75  a  month,  instead  of  $1.75 
a  clay.  The  office  of  Assistant  Market  Master  is  an  important  one, 
and  the  Board  believes  that  the  constantly  increasing  business  of  this 
branch  of  the  Department  of  Public  Safety  justifies  an  increase  of  sal- 
ary to  the  Assistant  Market  Master  as  above  stated. 

Respectfully  submitted, 

Richard  C.  Herrick, 

Secretary. 

Which  was  read  and  referred  to  Committee  on  Fees  and  Salaries. 

Seventh  annual  report  of  the  Board  of  Public  Safety,  of  the 
City  of  Indianapolis,  for  the  year  ending  December  31,  1897. 

Which  was  received  and  ordered  filed. 

Annual  report  of  the  Board  of  Health  and  Charities,  of  the 
City  of  Indianapolis,  for  the  year  ending  December  31,  1897. 

Which  was  received  and  ordered  filed. 

Third  annual  report  of  the  Board  of  Park  Commissioners,  of 
the  City  of  Indianapolis,  for  the  year  ending  December  31,  1897. 

Which  was  received  and  ordered  filed. 

REPORTS,    ETC.,    FROM    STANDING    COMMITTEES. 

Mr.  Merrick,  on  behalf  of  the  Committee  on  Accounts  and 
Claims,  to  which  was  referred: 

App.  0.  No.  4,  1898.  An  ordinance  appropriating  the  sum  of  one 
hundred  and  six  dollars  and  sixteen  cents  with  which  to  pay  a  certain 
claim  made  by  reason  of  the  City  Comptroller  issuing  a  liquor  license  to 
John  Hoffman,  on  the  4th  day  of  January,  1898,  to  do  business  on  the 
premises  known  as  old  No.  199  Meek  street,  in  the  City  of  Indianapolis, 
upon  which  premises  a  license  had  already  been  issued  by  said  Comp- 
troller to  one  James  Reilly  on  the  9th  day  of  June,  1897. 

Made  the  following  report: 

Indianapolis,  Ind.,  February  17,  1898. 
Eon.  John  H.  Mahoney,  President  of  the  Common  Council: 
Dear  Sir— We,  your  Committee  on  Accounts  and  Claims,  have  had  App. 


February  21,  1898.]  city  of  Indianapolis,  ind.  165 

O.  No.  4,  1898,  under  consideration  and  recommend  that  the  same  do 
pass. 

Richard  Merrick. 

Edward  E.  Bernauer. 

John  H.  Crall. 
Which  was  read  and  concurred  in. 

Mr  Costello,  on  behalf  of  the  Committee  on  Finance,  to  which 
was  referred : 

A  pp.  0.  No.  3,  1898.  An  ordinance  appropriating  the  sum  of  four 
thousand,  two  hundred  dollars  ($4,200),  for  the  use  of  the  Department 
of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  and  fixing  a  time 
when  the  same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  February  17,  1898. 
Mr.  President: 

We,  your  Committee  on  Finance,  to  whom  was  referred  App.  O.  No.  3, 
1898,  have  had  the  same  under  consideration  and  would  recommend  its 
passage. 

Respectfully, 

Jas   H.  Costello. 
Frank  S.  Clark. 
W.  F.  Smith. 
Richard  Merrick. 
E.  D.  Moffett. 
Edward  E.  Bernauer. 
J.  R.  Allen. 
Robert  M.  Madden. 
Which  was  read  and  concurred  in. 

Mr.  Rauch,  on  behalf  of  the  Committee  on  Judiciary,  to  which 
was  referred : 

Resolution  No.  29,  1897.— 

Whereas,  We,  the  Common  Council  of  Indianapolis,  have  been  chosen 
fto  represent  the  best  interests  of  the  tax-payers  of  this  city;  and  since 
-the  inauguration  and  application  of  the  Dingley  tariff  has  still  greater 
widened  the  breach  between  capital  and  laibor,  so  that  the  classes  are 
favored,  to  the  injury  of  the  masses,  by  causing  a  greater  increased 
price  of  many  commodities;  and  that  labor  wages  are  disproportion- 
ately reduced  by  this  and  by  many  employers  cutting  the  scale  of 
Vrages  of  many  of  their  employes,  still  greater  destroying  and  almost 
(completely  destroying  the  "right  of  contract"  of  labor,  until  it  has  little 
for  no  voice  in  any  contracts;  and  that  we  believe  these  things  to  be  un- 
just and  undemocratic;    therefore,  be  it 

Resolved,  That  we,  the  Common  Council  of  Indianapolis,  will  heartily 
cooperate  in  the  attainment  thereof,  and  believe  that  no  contracts 
should  be  let  by  the  City  of  Indianapolis  to  any  bidders  to  do  work  for 
'the  city  unless  there  is  specified  in  the  contracts  (with  a  forfeiture 
clause)  that  the  contractors  will  pay  from  thirty  to  fifty  cents  an  hour 
for  all  skilled  labor  and  hazardous  occupations,  and  that  the  commonest 
kind  of  labor  shall  receive  as  the  minimum  of  wage  not  less  than 
twenty  cents  an  hour. 


166  journal  of  common  council.  [Regular  Meeting 

Resolved,  That  we  deplore  the  state  of  society  whereby  unjust  and 
unmerciful  business  men  and  corporations  are  constantly  jeopardizing 
our  institutions  by  their  cruel  oppression  of  those  under  them. 

And: 

Resolution  No.  1,  1898.  Whereas,  It  is  alleged  that  a  number  of  per- 
sons in  the  plumbing  business  in  this  city  have  formed  a  combine  for  the 
purpose  of  monopolizing  trade  and  'arbitrarily  raising  prices,  and  that  in 
order  to  accomplish  such  ends  they  prevent  others  who  are  not  in  accord 
with  such  methods  and  will  therefore  not  join  such  combine,  from  pur- 
chasing material,  to  their  great  loss  and  injury;  be  it  therefore 

Resolved,^  That  we,  the  Common  Council  of  the  City  of  Indianapolis, 
emphatically  denounce  such  nefarious  practices  as  being  against  the 
rights  of  man  and  the  public  interest;  and,  be  it  further 

Resolved,  That  the  City  Attorney  be  instructed  to  render  his  opinion 
to  the  Common  Council  as  to  whether  an  amendment  to  any  ordinance 
licensing  and  regulating  plumbers  that  may  hereafter  be  introduced,  or 
now  is  in  force,  may  be  so  amended  that  the  public  be  protected  against 
such  unlawful  combinations  and  practices. 

Made  the  following  report: 

Indianapolis,  Ind.,  February  21, 1898. 
Mr.  President: 

We,  your  Committee  on  Judiciary,  have  considered  Resolution  No.  1, 
1898,  and  Resolution  No.  29,  1897,  and  do  submit  herewith  as  our  report 
the  opinion  of  City  Attorney,  Mr.  John  W.  Kern. 

Albert  E.  Rauch. 
E.  W.  Little. 
J.  R.  Allen. 

With  the  following  communication  from  City  Attorney: 

City  of  Indianapolis.  ) 

Office  of  the  Department  of  Law,  > 

January  27,  1898.      J 

Albert  E.  Rauch,  Esq.,  Chairman  Judiciary  Committee: 

Dear  Sir— I  have  considered  the  resolutions  handed  me,  the  first  relat- 
ing to  the  price  to  be  paid  laborers  and  employes  of  'the  city,  and  the 
second  relating  to  certain  combinations  existing  between  plumbers  and 
wholesale  houses  furnishing  plumbers'  supplies.  In  regard  to  the  for- 
mer, its  passage  would  have  no  legal  effect  so  far  as  fixing  the  price 
to  be  paid  laborers  employed  by  contractors,  for  the  reason  that  this 
is  a  matter  over  Which  the  Common  Council  has  no  jurisdiction.  The 
Charter  requires  competition  in  the  letting  of  all  contracts  for  public 
work,  and  where  competition  is  required  it  cannot  say  what  price  shall 
Jbe  paid  by  the  contractor,  either  for  labor  or  material  used  in  carrying 
Vmt  such  contract.  The  resolution  does  not  attempt  to  fix  what  price 
shall  be  paid,  but  is  merely  an  expression  of  an  opinion  as  to  what 
ought  to  be  done.  Of  course,  the  Common  Council  has  a  right  to  express 
its  opinion  upon  this  or  any  other  subject,  but,  of  course,  under  the 
law  it  would  go  no  further  than  to  be  simply  an  expression  of  the  Coun- 
cil's opinion.  Therefore,  I  cannot  say  that  this  resolution  presents  any 
legal  question  requiring  an  opinion  from  me. 

As  fto  whether  or  not  it  is  expedient  for  your  committee  or  the  Com- 
mon Council  to  pass  a  resolution  expressing  an  opinion  upon  the  matters 


February  21,  1898.]  city  of  Indianapolis,  ind.  167 

set  forth  in  this  resolution,  and  as  to  whether  or  not  it  is  'expedient  to 
pass  a  resolution  in  the  form  in  which  the  Moffett  resolution  is  drawn, 
are  questions  'that  you  must  decide  for  yourselves. 

As  to  the  second  resolution,  inquiring  as  to  whether  or  not  the  Com- 
mon Council  could  pass  an  ordinance  controlling  the  combinations  re- 
ferred to,  I  desire  to  say  that  there  is  a  ^State  statute  passed  by  the  last 
General  Assembly  which  is  said  to  prohibit  trusts  and  combinations 
that  interfere  with  the  natural  courses  of  trade.  Wherever  a  State 
statute -exists  regulating  or  bearing  upon  a  certain  subject,  an  ordinance 
passed  bearing  upon  the  same  subject  is  void.  It  is,  therefore,  my  opin- 
iion  that  an  ordinance  passed  by  the  Common  Council  in  line  with  this 
resolution  would  not  accomplish  the  ends  desired. 

Very  truly  yours, 

Jno.  W.  Kern, 

City  Attorney. 
Which  was  read  and  concurred  in. 

Mr.  Clark,  on  behalf  of  the  Committee  on  Public  Safety  and 
Comfort,  to  which  was  referred  : 

G.  0.  No.  12,  1898.  An  ordinance  regulating  the  standing  of  vehicles, 
teams,  horses  or  cattle,  etc.,  and  prohibiting  the  feeding  of  any  animal 
upon  any  improved  street  in  the  City  of  Indianapolis;  providing  a  pen- 
alty for  the  violation  thereof;  repealing  conflicting  ordinances,  and 
fixing  a  time  when  the  same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  February  18,  1898. 
Mr.  President: 

We,  your  Committee  on  Public  Safety  and  Comfort,  have  had  G.  O.  No. 
12,  1898,  under  consideration  and  would  recommend  that  it  do  not  pass. 

Respectfully, 

Frank  S.  Clark. 
W.  F.  Smith. 
E.  D.  Moffett. 
Albert  E.  Rauch. 
T.  A.  Bowser. 
Which  was  read  and  concurred  in. 


reports  from  select  committees. 

Mr.  Von  Spreckelsen,  on  behalf  of  the  Special  Committee 
appointed  to  consider: 

G.  O.  No.  74,  1897.  An  ordinance  amending  Section  33  of  an  ordinance 
creating  the  office  of  Building  Inspector,  defining  the  power  and  duties 
attached  hereto,  authorizing  the  inspection  of  buildings  and  other  struc- 
tures, regulating  their  construction,  repair  and  removal,  requiring  the 
issuance  of  a  license  or  permit  in  such  cases  before  any  wTork  shall  be  be- 
gun, regulating  the  building  of  party  walls  and  partition  fences,  prescrib- 
ing in  what  proportion  adjoining  owners  shall  bear  the  expense  of  the 
same,  in  what  manner  such  expense  shall  be  levied  and  collected,  and  de- 
fining the  terms  upon  which  partition  walls  already  established  may  be 


168  journal  of  common  COUNCIL.  [Regular  Meeting 

used  by  adjoining  owners,  fixing  a  penalty  for  the  violation  thereof,  re- 
pealing certain  ordinances,  providing  for  publication,  and  fixing  the  time 
when  the  same  shall  take  effect,  approved  September  10,  1894. 

Made  the  following  report: 

Indianapolis,  Ind.,  February  17,  1898. 
Mr.  President: 

We,  your  'Special  Committee,  to  whom  was  referred  G.  O.  No.  74. 
1897,  have  had  the  same  under  consideration  and  recommend  that  same 
do  not  pass.  We  also  submit  the  opinions  of  Mr.  Louis  Gibson,  archi- 
tect, and  Mr.  T.  M.  Goodloe  of  the  Indianapolis  Fire  Inspection  Bureau, 
all  of  which  is  herewith  attached. 

John  A.  Von  Spreckelsen. 
John  H.  Crall. 

With  the  following  communications  : 

Indianapolis  Fire  Inspection  Bureau,         ) 
Indianapolis,  Ind.,  February  14,  1898.  j 
Mr.  Jno.  A.  Von  Spreckelsen,  722  Highland  ave.,  City: 

Dear  Sir — As  per  your  request,  the  writer  has  made  examination  of 
the  model  of  the  Jackson  ventilator,  and  while  it  is  a  good  thing  for  ven- 
tilating purposes  we  do  not  think  it  is  as  secure  against  fire  as  the  flues 
mow  prescribed  and  required  by  the  City  Building  Ordinance,  and  for 
that  reason  we  should  dislike  to  see  them  brought  into  general  use  in 
this  city. 

In  order  to  prevent  leaks  in  the  roof  this  Hue  would  have  to  fit  very 
closely  to  the  woodwork  of  the  roof,  and  in  case  either  the  outer  or  inside 
tube  were  to  rust,  corrode  or  wear  out  in  any  way,  as  it  would  certainly 
do  in  time,  it  would  leave  the  woodwork  exposed  to  the  heat  which,  i'n 
our  opinion,  would  be  sure  to  cause  numerous  fires. 

We  dislike  to  arbitrarily  condemn  anything  of  the  kind,  but  our  mis- 
sion here  being  to  prevent  fires,  and  in  that  way  to  keep  the  insurance 
rates  as  low  as  possible,  we  feel  it  our  duty  to  express  our  opinion 
clearly.  Flues  of  all  kinds  area  great  source  of  loss,  and  even  the  best 
brick  flues  that  can  be  constructed  are  none  too  good  when  in  constant 
use,  and  we  would  not  like  to  see  the  metal  flue  going  through  the  roof 
approved  by  the  city. 

Yours  very  truly, 

T.  M.  Goodloe, 

Inspector. 

Indianapolis,  Ind.,  February  17,  1898. 
John  A.  Von  Spreckelsen,  Chairman  : 

Gentlemen — The  City  Clerk  informed  me  of  my  appointment  as  a  mem- 
ber of  a  committee  to  assist  in  the  investigation  of  a  proposed  amend- 
ment to  the  building  ordinance  of  this  city.  I  am  informed  that  your 
committee  particularly  wishes  judgment  as  to  that  part  of  the  ordinance 
which  admits  of  the  use  of  "the  Jackson  Combined  Flue  and  Ventilator 
or  other  and  similar  flue  and  ventilating  devices  of  like  safety  and  effi- 
cacy." 

I  am  anxious  not  only  to  be  just  and  prudent  in  my  opinion  so  far  as 
it  relates  to  the  welfare  of  the  city,  but  also  wish  to  deal  fairly  and 
justly  with  any  device  which  promises  economy  or  additional  comfort 
to  any  number  of  our  citizens.  I  borrowed  the  model  of  the  Jackson 
device  from  Mr.  John  C.  Robinson,  Building  Inspector,  for  the  purpose 


February  21,  1898.]  city  of  Indianapolis,  ind.  169 

of  giving  a  personal  investigation  and  of  seeking  the  opinion  of  others 
who,  from  the  nature  of  their  calling,  would  be  capable  of  giving  a 
valuable  opinion  as  to  its  merits. 

The  advantages  claimed,  as  I  understand  it,  are  economy  in  construc- 
tion and  its  use  as  a  ventilator. 

I  judge  no  one  will  question  but  that  it  is  more  economical  in  first 
cost  than  a  flue  built  under  the  existing  ordinance,  and  while  it  is  true 
on  general  principles  that  ceiling  ventilation  is  not  desirable,  there  are 
conditions  when,  no  doubt,  it  would  be  advantageous. 

I  would  regard  it  as  unwise  to  admit  the  use  of  the  Jackson  device  as 
a  flue  for  hot  air  from  stove,  grate  or  furnace  connection,  for  the  reason 
that  it  is  not  as  safe  as  the  brick  flue  constructed  under  the  existing 
ordinance.  So  far  as  I  can  see,  it  has  not  the  advantage  of  the  ordinary 
double  collar,  which  the  ordinance  does  not  permit  to  be  used.  It  is  my 
judgment  that  when  the  ventilating  device  is  closed  that  it  would  not 
have  the  advantages  of  the  ordinary  double  collar.  Again,  the  ordinary 
collar,  when  used  for  passing  through  floors  or  partitions,  has  a  stove- 
pipe passing  through  It.  This  stovepipe  has  the  merit  of  arresting  cor- 
rosion and  the  destruction  of  the  collar  itself. 

The  Jackson  device  would  be  certain  of  destruction  in  a  short  time 
by  the  products  of  combustion,  and  possibly  by  rust.  I  asked  the  opin- 
ion of  Mr.  Goodloe,  who  has  practical  charge  of  the  affairs  of  the  Board 
of  Underwriters  in  this  city,  and  he  read  to  me  a  letter  which  he  has 
Written,  I  believe,  to  a  member  of  your  committee,  in  which  he  did  not 
speak  favorably  of  this  device.  He  stated  to  me  that  he  thought  it 
would  increase  the  risk  of  loss  by  fire.  This  would  eventually  mean  an 
Increase  in  insurance  rates.  No  builder  to  whom  I  have  shown  this  de- 
vice speaks  favorably  of  it.  In  seeking  outside  opinions,  I  did  not  ex- 
press my  own  in  advance. 

It  is  my  judgment  that  it  would  be  very  unwise  to  permit  the  use 
of  the  Jackson  Combined  Heater  and  Ventilator  in  any  structure  in  this 
city. 

I  should  advise  a  client  of  mine  not  to  use  it. 

Eespectfully, 

Louis  H.  Gibson. 

Which  was  read  and  received. 


Mr.  Von  Spreckelsen,  on  behalf  of  the  Special  Committee,  to 
which  was  referred : 

G.  0.  No.  11,  1898.  An  ordinance  amending  section  seven  (7)  of 
General  Ordinance  No.  53,  1894 — commonly  known  as  the  "Building 
Ordinance." 

Made  the  following  report: 

Indianapolis,  Ind.,  February  17,  1898. 
Mr.  President: 

We,  your  Special  Committee  to  whom  was  referred  G.  O.  No.  11,  1898, 
have  had  same  under  consideration  and  recommend  that  same  do  pass. 

John  A.  Von  Spreckelsen. 
John  H.  Crall. 

Which  was  read  and  concurred  in. 


1<0  journal  of  common  council.  [Kegular  Meeting 


APPROPRIATION    ORDINANCES. 

Under  this  order  of  business,  the  following  ordinance  was  intro- 
duced: 

By  Mr.  Costello: 

App.  O.  No.  5,  1898.  An  ordinance  appropriating  the  sum  of  one  hun- 
dred four  dollars  and  seventeen  cents  ($10-1.17),  with  which  to  pay  a 
certain  claim  made  by  virtue  of  Section  8  of  an  act  entitled  "An  act  to 
better  regulate  and  restrict  the  sale  of  intoxicating  and  malt  liquors," 
etc.,  approved  March  11,  1895,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  sum  of  one  hundred  four  dollars  and  seven- 
teen cents  ($104.17)  be,  and  the  same  is  hereby  appropriated  to  pay  the 
following  claim  made  under  and  by  virtue  of  Section  8  of  an  Act  of  the 
General  Assembly  of  the  State  of  Indiana,  entitled  "An  act  to  better 
regulate  and  restrict  the  sale  of  intoxicating  liquors,"  approved  March 
11,  1895. 

Katie  Friedrich,  widow  of  Max  Friedrich,  deceased,  the  sum  of  one 
hundred  four  dollars  and  seventeen  cents  ($104.17). 

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

Which  was  read  a  first  time  and  referred  to  Committee  on 
Accounts  and  Claims. 

INTRODUCTION    OF    GENERAL    AND   SPECIAL    ORDINANCES. 

Under  this  order  of  business,  the  following  ordinances  were 
introduced: 


By  Mr.  Bernauer 


G.  O.  No.  15,  1898.  An  ordinance  amending  Subdivision  2  of  Section  6 
of  an  ordinance  entitled  "An  ordinance  authorizing  the  employment  of 
certain  clerks,  assistants  and  employes,  and  providing  for  their  compen- 
sation; providing  for  the  compensation  of  certain  officers,  heads  of  de- 
partments, clerks  and  employes;  fixing  the  compensation,  salaries  and 
wages  of  certain  officers,  clerks  and  employes  of  the  City  of  Indianap- 
olis, Indiana;  repealing  conflicting  ordinances  and  fixing  the  time  when 
this  ordinance  shall  take  effect,"  approved  January  18,  1894,  and  fixing 
the  time  when  this  ordinance  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  Subdivision  2  of  Section  0  of  an  ordinance 
entitled  "An  ordinance  authorizing'  the  employment  of  certain  clerks, 
assistants  and  employes,  and  providing  for  their  compensation;  provid- 
ing for  the  compensation  of  certain  officers,  heads  of  departments,  clerks 
and  employes;  fixing  the  compensation,  salaries  and  wages  of  certain 
officers,  clerks  and  employes  of  the  City  of  Indianapolis,  Indiana;  repeal- 
ing conflicting  ordinances,  and  fixing  the  time  when  this  ordinance  shall 
take  effect,"  approved  January  18,  1894,  be  and  the  same  is  hereby 
amended  to  read  as  follows: 


February  21,  1898.]  city  of  Indianapolis,  ind.  171 

Sec.  2.    For  the  Market: 

The  Market  Master  shall  receive  a  salary  at  the  rate  of  twelve  hun- 
dred dollars  per  annum. 

The  Assistant  Market  Master  shall  receive  compensation  at  the  rate  of 
seventy-five  dollars  per  month  or  nine  hundred  dollars  per  annum. 

One  Janitor  for  the  Market  House  shall  receive  compensation  at  the 
rate  of  one  dollar  and  fifty  cents  per  day. 

One  Janitor  for  the  Market  House  shall  receive  compensation  at  the 
rate  of  one  dollar  and  fifty  cents  per  day. 

The  City  Weighmaster  shall  receive  a  salary  at  the  rate  of  twelve  hun- 
dred dollars  per  annum. 

Sec.  'J.  This  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on  Fees 
and  Salaries. 

By  Mr.  Costello: 

G.  O.  No.  16,  1898.  An  ordinance  ratifying  the  issue  and  sale  of  cer- 
tain park  bonds  therein  described*  in  pursuance  of  the  provisions  of  an 
ordinance  passed  on  the  1st  day  of  March,  1897;  pledging  the  faith  and 
credit  of  the  City  of  Indianapolis  to  the  payment  of  the  same;  transfer- 
ring *he  funds  derived  therefrom  to  the  Department  of  Public  Works; 
and  authorizing  such  Department  to  expend  the  same  for  park  purposes, 
isubject  to  conditions  and  limitations  contained  therein,  and  fixing  the 
time  when  the  same  shall  take  effect. 

Whereas,  This  Common  Council  did  on  the  1st  day  of  March,  1897, 
duly  and  legally  pass  and  ordain  an  ordinance  entitled  "An  ordinance 
for  a  loan  of  $350,000  by  the  City  of  Indianapolis  for  the  use  of  the  De- 
partment of  Public  Parks,  for  park  purposes,  and  authorizing  the  issue 
and  sale  of  bonds  for  said  amount  payable  from  the  general  funds  of 
said  city;  prescribing  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;  appropriating  the  proceeds  thereof,  and  fixing  a  time 
when  the  same  shall  take  effect,"  which  ordinance  was  duly  thereafter, 
to-wit,  on  the  4th  day  of  March,  1897,  signed  by  the  Mayor,  and  attested 
by  the  City  Clerk  in  all  respects  in  accordance  with  law;  and 

Whereas,  By  the  terms  of  said  ordinance  the  Mayor  and  Comptroller 
of  said  city  were  authorized  to  prepare  and  execute  three  hundred  and 
fifty  negotiable  bonds  of  the  City  of  Indianapolis,  each  for  the  principal 
sum  of  one  'thousand  dollars,  numbered  consecutively  from  1  to  350,  in- 
clusive, dated  April  1st,  1897,  designated  the  Indianapolis  Park  Improve- 
ment Bonds  of  1897,  payable  at  the  banking  house  of  Winslow,  Lanier 
&  Co.,  in  the  City  and  State  of  New  York,  with  coupons  thereto  attached 
for  semi-annual  installments  of  interest  at  the  rate  of  four  per  cent,  per 
annum,  payable  on  January  1st  and  July  1st  of  each  year,  the  form  and 
tenor  and  effect  of  each  of  which  bonds  being  set  out  in  such  ordinance, 
and  also  provided  that  the  Comptroller  of  said  city  should  advertise  for 
proposals  for  the  sale  of  said  issue  of  bonds,  and  should  sell  the  same  to 
the  highest  and  best  bidder,  and  also  provided  that  the  proceeds  derived 
from  the  sale  of  such  bonds,  as  therein  authorized,  should  be  and  was 
thereby  appropriated  to  the  use  of  the  Department  of  Public  Parks,  to 
be  used  and  applied  as  follows: 

Three  hundred  thousand  dollars  thereof  should  be  used  and  applied  to 
the  purchase  of  real  estate  for  park  purposes,  and  fifty  thousand  dollars, 
together  with  any  premium  realized  upon  the  sale  of  said  'bonds,  should 
be  used  and  applied  to  the  payment  of  labor  in  improving  such  real 


1*2  journal  of  common  council.  [Kegular  Meeting 

estate  and  adapting  the  same  to  the  purposes  of  public  parks,  and  to  the 
payment  of  the  expenses  incident  to  the  issue  and  sale  of  said  bonds; 
and  also  authorized  the  City  Comptroller,  upon  the  requisition  of  the 
Board  of  Park  Commissioners,  to  draw  all  proper  and  necessary  war- 
rants, and  to  do  whatever  acts  might  be  necessary  to  carry  out  the  pro- 
visions thereof,  and  also  authorizing  the  City  Treasurer  to  pay  out  the 
proceeds  of  the  sale  of  such  bonds  upon  the  lawful  warrant  of  the  City 
'Comptroller,  and  to  do  and  perform  such  other  acts  as  might  be  neces- 
sary to  be  done  in  the  premises  to  aid  in  carrying  into  effect  the  pro- 
visions of  such  ordinance;  and 

Whereas,  The  Mayor  and  Comptroller  of  said  city  proceeded  in  accord- 
ance with  the  provisions  and  requirements  of  said  ordinance  to  execute 
the  said  bonds,  and  the  said  Comptroller  proceeded  thereafter  to  adver- 
tise for  proposals  for  the  same,  and  did  thereafter,  in  pursuance  to  the 
terms  of  said  advertisements  and  in  strict  conformity  with  the  pro- 
visions of  the  said  ordinance,  did  on  the  31st  day  of  March,  1897,  sell  and 
deliver  said  bonds  to  Street,  Wykes  &  Co.,  of  the  City  and  State  of  New 
York,  at  and  for  the  price  of  $373,485,  their  bid  being  the  highest  and 
best  bid  therefor;  which  sum  of  money  was  paid  into  the  City  Treasury 
for  the  purposes  aforesaid,  to  be  expended  under  the  orders  and  direc- 
tions of  the  said  Department  of  Public( Parks;  and 

Whereas,  On  the  5th  day  of  November,  1897,  in  a  proceeding  thereto- 
fore commenced  in  the  Circuit  Court  of  Marion  County,  Indiana,  and 
which  was  on  the  date  aforesaid  properly  pending  in  the  Supreme  Court 
of  Indiana  on  appeal,  which  proceeding  was  entitled  Indianapolis  Brew- 
'ng  Company  vs.  Edward  E.  Claypool  et  al.,  the  said  Supreme  Court  did 
decide  that  the  Department  of  Public  Parks  of  the  City  of  Indianapolis 
was  not  a  legally  constituted  department  of  said  city,  and  that  the  Board 
of  Park  Commissioners,  which  constituted  said  department,  had  no  legal 
existence  and  was  without  authority  to  do  any  legal  act;  and 

Whereas,  The  City  of  Indianapolis  is  legally  and  morally  bound  to  the 
payment  of  the  said  outstanding  bonds  and  the  interest  thereon,  the 
validity  of  which  as  binding  obligations  of  said  city  has  not  been  and 
will  not  be  questioned;  and 

Whereas,  It  is  the  intention  of  this  Council  and  the  City  of  Indianap- 
olis that  the  said  fund  so  derived  from  the  sale  of  said  bonds  shall  not 
be  diverted  from  the  purpose  for  which  such  bonds  were  issued  and 
sold,  namely,  for  park  purposes,  and  that  the  said  amounts,  to  be  ex- 
pended for  the  sale  or  condemnation  of  real  estate,  and  for  labor,  as  ex- 
pressed therein,  shall  not  be  changed;  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  legality  of  the  issue  and  sale  and  delivery 
of  three  hundred  and  fifty  bonds  of  the  City  of  Indianapolis,  of  the  de- 
nomination of  $1,000  each,  on  the  31st  day  of  March,  1897,  to  Street, 
W^ykes  &  Co.,  of  New  York,  for  park  purposes,  is  hereby  affirmed,  the 
action  of  the  City  Comptroller  in  the  sale  and  delivery  of  such  bonds  is 
hereby  ratified  and  approved,  and  the  faith  of  said  city  is  hereby  pledged 
to  their  payment. 

Sec.  2.  That  the  said  money  so  realized  on  the  sale  of  such  bonds, 
which  is  now  in  the  treasury  of  said  city,  be  and  the  same  is  hereby 
transferred  to  the  custody  of  the  Department  of  Public  Works  of  said 
city,  and  said  Department  is  authorized  and  empowered  to  expend  the 
same  in  the  purchase  and  condemnation  of  real  estate  for  park  purposes, 
to  the  extent  of  $300,000,  as  fixed  in  said  original  ordinance,  the  remain- 
der thereof  to  be  expended,  used  and  applied  in  labor  in  improving  such 
real  estate  and  adapting  the  same  to  the  purposes  of  public  parks: 
Provided,  That  the  said  Department  of  Public  Works  shall,  in  the  con- 
demnation or  purchase  of  any  tract  of  real  estate  for  park  purposes,  the 


February  21,  1898.]  city  of  Indianapolis,  ind.  173 

purchase  price  for  which  shall  be  $2,000  or  more,  or  the  amount  to  be 
paid  by  the  city  as  damages  in  the  condemnation  of  any  tract  of 
real  estate  shall  be  $2,000  or  more,  first  obtain  the  consent  of  the  Com- 
mon Council,  by  ordinance  duly  passed,  to  such  purchase  or  payment,  it 
being  the  express  intention  of  this  Council  that  the  said  Department  of 
Public  Works  shall  in  no  event  expend  more  than  $2,000  of  such  fund, 
either  in  .the  purchase  of  any  tract  of  real  estate  or  as  damages  in  the 
condemnation  of  any  tract  of  real  estate  for  park  purposes,  without  the 
express  consent  of  said  Council  first  obtained  by  an  ordinance  embody- 
ing such  consent  first  duly  passed  and  ordained. 
Sec.  3.    This  ordinance  shall  be  in  force  from  and  after  its  passage. 

Which   was  read  a  first  time  and  referred  to  Committee  on 
Finance. 


By  Mr.  Rauch : 

G.  O.  No.  17,  1898.  An  ordinance  providing  for  the  impounding  of 
dogs,  the  appointment  of  a  Pound-Master,  defining  his  duties,  and  pre- 
scribing penalties  for  its  violation. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  Mayor  is  hereby  authorized  and  directed  to 
appoint  a  Pound-Master  for  said  city,  who  shall  serve  at  the  pleasure  of 
the  Mayor,  and  shall  receive  a  salary  of  six  hundred  dollars  ($G00)  per 
annum,  payable  quarterly,  and  whose  duties  shall  be  as  hereinafter  pre- 
scribed. .Said  Pound-Master  shall,  before  assuming  the  duties  of  his 
office,  take  the  usual  oath  of  office,  and  execute  his  bond  to  the  said  city 
in  the  sum  of  three  thousand  dollars  ($3,000),  conditioned  for  the  faithful 
performance  of  his  duties. 

Sec.  2.  It  shall  be  the  duty  of  the  Pound-Master,  with  the  advice  and 
approval  of  the  Board  of  Public  Works,  to  provide  a  suitable  inclosure 
or  pound  in  which  to  confine  such  dogs  as  are  herein  required  to  be  im- 
pounded; said  pound  or  inclosure  to  be  so  located,  at  such  distance  from 
the  residence  portion  of  the  city,  as  that  there  may  be  as  little  annoy- 
ance therefrom  to  residents  and  householders  as  possible. 

Sec.  3.  It  shall  be  unlawful  for  any  dog,  whether  licensed  or  un- 
licensed, to  be  permitted  to  be  on  any  street,  sidewalk  or  public  place  in 
said  city,  unless  such  dog  is  held  by  some  person,  and  secured  by  a  stout 
rope,  cord,  or  chain,  not  to  exceed  four  feet  in  length,  or  unless  such  dog 
is  so  securely  muzzled  that  the  same  cannot  bite  nor  do  other  injury,  and 
any  person  who  shall  be  the  owner  of  any  such  dog,  or  who  shall  harbor 
about  his  house  or  premises  any  such  dog,  and  shall  allow  the  same  ro  be 
at  large  without  being  secured  as  aforesaid,  shall  be  fined  in  any  sum  not 
less  than  one  nor  more  than  five  dollars. 

Sec.  4.  All  unlicensed  dogs  in  said  city,  and  all  licensed  dogs,  who 
shall  be  at  large  therein  in  violation  of  the  provisions  of  the  last  preced- 
ing section,  shall  be  impounded  in  the  pound  or  inclosure  provided  for 
in  the  first  section  hereof. 

It  shall  be  the  duty  of  the  police  officers  of  said  city  to  capture  and 
take  or  cause  to  be  taken  to  the  said  pound  all  unlicensed  dogs  found 
in  said  city,  and  all  licensed  dogs,  running  at  large  as  aforesaid. 

It  shall  be  lawful  for  any  person,  not  a  police  officer,  to  capture  any 
such  dog,  and  deliver  the  same  to  the  Pound-Master  at  the  said  pound, 
provided  such  delivery  be  at  once  and  without  any  delay  whatever. 
Such  person  so  delivering  any  such  dog  to  the  Pound-Master  shall  be 
paid  by  such  officer  twenty-five  cents  for  each  dog  so  delivered,  for 
which  a  receipt  shall  be  given,  wdiich  receipt  shall  be  a  voucher  to  be 


174  journal  of  common  council.  [Regular  Meeting 

used  by  such  Pound-Master  in  his  settlements  with  the  City  Comptroller, 
as  hereinafter  provided,  and  said  Pound-Master  shall  keep  a  record  of  all 
dogs  impounded,  giving  the  sex,  color,  breed  and  date  of  impounding. 

Sec.  5.  Any  dog  impounded  under  the  provisions  of  this  ordinance 
may  be  released  therefrom  if  the  owner  shall  make  demand  therefor, 
prove  his  ownership,  and  pay  to  the  Pound-Master  the  sum  of  one  dollar 
for  the  use  and  benefit  of  such  city.  If  such  dog  so  claimed  be  un- 
licensed, such  owner  must  also  produce  to  the  Pound-Master  the  receipt 
of  the  City  Comptroller  for  the  fee  for  license  therefor  required  by  the 
ordinances  of  said  city. 

During  the  time  any  dog  shall  be  impounded,  he  shall  be  provided  with 
food  and  water,  and  the  dogs  confined  in  such  pound  shall  be  so  sep- 
arated and  kept  that  none  shall  be  unnecessarily  injured. 

Sec.  6.  All  'dogs  which  shall  have  remained  in  said  pound  for  ten  days 
without  being  claimed  by  their  respective  owners  shall  be  offered  for 
sale  at  such  pound  by  the  said  Pound-Master  to  the  highest  bidder,  after 
'having  given  notice  by  publication  in  some  daily  newspaper  in  said  city 
for  at  least  one  day  previous  to  such  sale.  In  any  sale  of  dogs  at  public 
auction,  as  aforesaid,  no  bid  shall  be  received  for  less  than  one  dollar. 

All  dogs  remaining  unsold  at  any  such  sale  shall  within  twenty-four 
hours  thereafter  be  put  to  death  by  the  said  Pound-Master  by  the  most 
painless  method  known  to  science,  and  the  carcasses  of  all  such  dogs  so 
killed  shall  be  sold  by  said  Pound-Master  to  the  best  advantage,  if  such 
sale  be  possible,  and  if  such  sale  be  not  possible,  then  such  carcasses 
shall  be  disposed  of  in  such  manner  and  according  to  such  regulations  as 
may  be  prescribed  by  the  Board  of  Health.  All  sums  of  money  secured 
by  said  Pound-Master  from  the  sale  of  carcasses  as  aforesaid  shall  be 
paid  to  the  City  Comptroller,  for  the  use  of  the  city. 

Sec.  7.  The  Pound-Master  shall  every  month  make  a  written  verified 
report  to  the  City  Comptroller,  in  which  he  shall  set  forth  a  detailed 
statement  of  the  number  of  dogs  (impounded,  the  number  released  and 
the  number  killed,  together  with  the  several  amounts  of  money  received 
by  him,  and  from  whom  received,  and  also  the  amounts  paid  out  by  him 
for  the  capture  and  delivery  of  dogs,  as  hereinbefore  provided,  and  shall 
exhibit  with  said  report  the  receipts  of  the  various  persons  to  whom 
such  money  has  been  paid,  and  said  Pound-Master  shall,  at  the  time  of 
'making  such  report,  pay  over  to  the  said  Comptroller  all  sums  of  money 
then  remaining  in  his  hands. 

Sec.  8.  Any  person  who  shall  capture  any  dog  in  said  city  and  fail  to 
deliver  the  same  at  once  to  the  said  Pound-Master,  or  who  shall  remove 
from  any  dog  so  captured  any  muzzle,  fastening  tag,  or  any  other  article 
by  which  such  dog  might  be  identified,  or  who  shall  fraudulently,  for  the 
purpose  of  obtaining  the  fee  herein  provided,  or  for  any  wrongful  pur- 
pose,  capture  or  deliver,  or  have  in  his  possession  for  the  purpose  of  de- 
livering, any  dog  not  subject  to  capture  under  the  provisions  of  this  or- 
dinance, shall,  on  conviction,  be  fined  in  any  sum  not  less  than  five  nor 
more  than  fifty  dollars. 

Sec.  9.  If  written  information  is  given  by  any  inhabitant  of  said  city 
to  the  ^Superintendent  of  Police  that  any  person  in  said  city  has  been 
bitten  or  attacked  by  any  dog  in  said  city,  either  within  or  without  an 
inclosure,  or  that  the  quiet  of  any  neighborhood  in  said  city  has  been  dis- 
turbed by  the  barking  or  howling  of  any  dog  therein,  the  said  Superin- 
tendent shall  cause  the  owner  of  or  person  harboring  any  such  dog  to  be 
notified  in  writing  of  any  such  complaint,  which  notice  shall  require  such 
owner  or  harborer  to  kill  or  remove  such  dog  from  said  city,  and  if  the 
person  so  owning  or  harboring  any  such  dog  shall  fail  to  kill  or  remove 
such  dog  within  twenty-four  hours  after  receiving  such  notice,  he  shall 
be  fined  in  any  sum  not  less  than  two  nor  more  than  five  dollars  for 


February  21,  1898.]  city  of  Indianapolis,  ind.  175 

every  day  thereafter  that  such  clog  is  permitted  to  live  and  remain 
within  such  city. 

Sec.  10.  The  word  "dog,"  wherever  used  in  this  ordinance,  shall  be  so 
construed  as  to  include  all  animals  of  the  dog  kind,  male  or  female,  over 
the  age  of  three  months. 

Sec.  11.  All  ordinances  and  parts  of  ordinances  in  conflict  with  the 
provisions  of  this  ordinance  are  hereby  repealed. 

Sec.  12.  This  ordinance  shall  be  in  force  from  and  after  its  passage 
and  publication  once  each  week  for  two  consecutive  weeks  in  The 
Sentinel,  a  newspaper  having  a  general  circulation  in  said  city. 

Which  was  read  a  first  time. 

Mr.  Rauch  moved  that  G.  O.  No.  17,  1898,  be  referred  to  Com- 
mittee on  Public  Safety  and  Comfort. 

Mr.  Costello  moved  as  a  substitute  for  Mr.  Rauch's  motion 
that  G.  0.  No  17,  1898,  be  referred  to  Committee  on  Judiciary. 

Which  motion  prevailed. 


MISCELLANEOUS    BUSINESS. 


Mr.  Colter  offered  the  following  resolution: 

Resolution  No.  3,  1898  — 

Whereas,  Willis  D.  Engle  is  desirous  of  erecting  a  frame  dwelling- 
house  upon  lot  six  (G)  in  Ray's  subdivision  of  the  east  part  of  outlot 
ninety-two  (92)  in  the  City  of  Indianapolis;  and 

Whereas,  Said  lot  is  located  within  the  fire  limits  of  the  City  of  In- 
dianapolis, and  the  erection  of  such  building  is  prohibited  by  the  ordi- 
nance defining  such  fire  limits;  therefore,  be  it 

Resolved  by  the  Common  Council  of  the  City  of  Indianapolis,  Indiana, 
That  Willis  D.  Engle  be  and  he  is  hereby  given  permission  to  erect  a 
frame  dwelling-house  upon  lot  number  six  (6)  in  Ray's  subdivision  of  the 
east  part  of  out  lot  ninety-two  (92)  in  the  City  of  Indianapolis,  the  same 
being  in  the  rear  of  number  three  hundred  and  eighteen  (318)  South 
Noble  street,  in  the  City  of  Indianapolis. 

Which  was  read  and  referred  to  Committee  on  Public  Safety 
and  Comfort. 


Mr.  Shaffer  offered  and  moved  the  adoption  of  the  following 
resolution: 

Resolution  No.  4,  1898.— 

Whereas,  As  the  time  for  paying  vehicle  licenses  falls  due  on  the  first 
of  the  year,  and  as  it  works  hardships  on  a  great  many  people,  being  in 
the  winter;  therefore,  be  it 

Resolved,  That  the  time  for  paying  said  license  be  extended  from 
January  1st,  1898,  to  April  1st,  1898. 


176  journal,  of  common  council.  [Regular  Meeting 

Mr.  Costello  moved  that  Resolution  No.  4,  1898,  be  referred  to 
Committee  on  Judiciary. 

Which  motion  prevailed. 

Mr.  Moffett  moved  that  the  rule  prohibiting  smoking  in  the 
Council  Chamber,  be  suspended  for  the  evening. 

The  ayes  and  nays  being  called  for  by  Messrs.  Harston  arid 
Higgins,  the  roll  was  called,  which  resulted  in  the  adoption  of. 
Mr.  Moffett's  motion  by  the  following  vote: 

Ayes  16 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello, Crall,  Harston,  Little,  Merrick,  Moffett,  Rauch,  Scanlon,  Shaffer, 
Von  Spreckelsen  and  President  Mahoney. 

Nays  3 — viz.:    Messrs.  Higgins,  Madden  and  Smith. 


ORDINANCES    ON    SECOND    READING. 


On  motion  of  Mr.  Costello,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time  : 

App.  0.  No.  3,  1898.  An  ordinance  appropriating  the  sum  of  four 
thousand,  two  hundred  dollars  ($4,200),  for  the  use  of  the  Department 
of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  and  fixing  a  time 
when  the  same  shall  take  effect. 

And  was  passed  by  the  following  vote: 

Ayes  19 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello, Crall,  Harston,  Higgins,  Little,  Madden,  Merrick,  Moffett,  Rauch, 
Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays— None. 


On  motion  of  Mr.  Little,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time: 

G.  O.  No.  4,  1898.  An  ordinance  providing  that  city  employes  shall 
receive  their  pay  from  the  city  at  least  once  every  two  weeks  and  may  be 
advanced  fifty  per  cent,  of  any  money  due  them  from  the  city  upon 
proper  application  showing  dire  necessity  for  the  same. 

Mr.  "Smith  moved  that  the  amendment  to  G.  0.  No.  4,  1898,  as 
recommended  by  the  Committee  on  Judiciary  (see  page  144)  be 
adopted. 


Which  motion  prevailed. 


February  21,  1898.]  city  or  Indianapolis,  ind.  177 

Mr.  Little  offered  the  following  amendment  to  G.  0.  No.  4, 
1898: 

That  the  words  "Indianapolis  Sim"  in  line  -°>,  Section  2,  be  stricken  out, 
and  the  words  "Indianapolis  Sentinel"  substituted  therefor. 

Which  amendment  was  read  and  adopted. 

On  motion  of  Mr.  Rauch,  G.  0.  No.  4,  1898,   was  then  ordered 
engrossed,  as  amended,  read  a  third  time,  and  passed  by  the  fol- 


Ayes  15 — viz.:  Messrs.  Bernauer,  Clark,  Colter,  Costello,  Higgins,  Lit- 
tle, Madden,  Merrick,  Moffett,  Rauch,  Scan  Ion,  Shatter,  Smith,  Von 
Spreckelsen  and  President  Mahoney. 

Nays  4 — viz.:  Messrs.  Allen,  Bowser,  Crall  and  Harston. 

On  motion  of  Mr.  Rauch,  the  following  entitled  ordinance  was 
taken  up  and  read  a  second  time: 

G.  0.  No.  8,  1898.  An  ordinance  providing  for  a  standing  committee 
on  parks  and  fixing  a  time  when  the  same  shall  take  effect. 

On  motion  of  Mr.  Little,  G.  0.  No.  8,  1898,  was  then  ordered 
engrossed,  read  a  third  time,  and  failed  of  passage  by  the  fol- 
lowing vote: 

Ayes  2 — viz.:     Messrs.  Bowser,  and  Little. 

Nays  17 — viz.:  Messrs.  Allen,  Bernauer,  Clark,  Colter,  Costello,  Crall, 
Harston,  Higgins,  Madden,  Merrick,  Moffett,  Rauch,  Scanlon,  Shatter, 
Smith,  Von  Spreckelsen  and  President  Mahoney. 

On  motion  of  Mr.  Colter,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

G.  0.  No.  11,  1898.  An  ordinance  amending  section  seven  (7)  of 
General  Ordinance  No.  o3,  1894 — commonly  known  as  the  "Building 
Ordinance." 

And  was  passed  by  the  following  vote: 

Ayes  18 — viz.:  Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall, 
Harston,  Higgins,  Little,  Madden,  Merrick,  Moffett,  Rauch,  Scanlon. 
Shatter,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays  1— viz.:    Mr.  Allen. 

Mr.  Clark  moved  that  the  Council  do  now  adjourn. 

The  ayes  and  nays  being  called  for  by  Messrs.  Madden  and 
Harston,  the  roll  was  called,  and  the  motion  was  lost  by  the  fol- 
lowing vote: 


178  journal  of  common  council.  [Regular  Meeting. 

Ayes  4 — viz.:    Messrs.  Bernauer,  Clark,  Costello  and  Scanlon. 

Nays  15 — viz.:  Messrs.  Allen,  Bowser,  Colter,  Crall,  Harston,  Higgins, 
Little,  Madden,  Merrick,  Moffett,  Rauch,  Shaffer,  Smith,  Von  Spreckelsen 
and  President  Mahoney. 

Mr.  Madden  moved  that  the  following  entitled  ordinance  be 
recalled  from  the  Committee  on  Public  Safety  and  Comfort: 

G.  0.  No.  7,  1898.  An  ordinance  regulating  hauling  and  transporta- 
tion of  sand,  gravel  and  dirt;  defining  what  shall  constitute  a  load  for 
two  horses;  providing  a  penalty  for  the  violation  thereof,  and  fixing  a 
time  when  the  same  shall  take  effect. 

Mr.  Clark  moved  to  lay  Mr.  Madden's  motion  on  the  table. 

The  ayes  and  nays  being  called  for  by  Messrs.  Harston  and 
Higgins,  the  roll  was  called,  which  resulted  in  the  adoption  of 
Mr.  Clark's  motion  by  the  following  vote: 

Ayes  11 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello, Harston,  Moffett,  Rauch,  Shaffer  and  Smith. 

Nays  8 — viz.:  Messrs.  Crall,  Higgins,  Little.  Madden,  Merrick,  Scanlon, 
Von  Spreckelsen  and  President  Mahoney. 


On  motion  of  Mr.  Madden,  the  Common  Council,  at  9:10  o'clock 
p.  m.,  adjourned. 


President. 


f"»yf*< 'City  Clerk 


March  7,  1898.]  city  of  Indianapolis,  ind.  179 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

March  7,  1898. 


The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  March  7,  1898,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  18  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Crall,  Harston,  Higgins,  Knight, 
Little,  Madden,  Merrick,  Moffett,  Rauch,  Scanlon,  Shaffer,  Smith 
and  Von  Spreckelsen. 

Absent,  2 — viz.:     Messrs.  Costello  and  McGrew. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Madden  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

COMMUNICATIONS,    ETC.,    FROM    MAYOR. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department, 

City  of  Indianapolis, 

March  3,  1898. 
To  the  President  and  Members  of  the  Common  Council: 

Gentlemen — I  have  this  day  approved  Appropriation  Ordinance  No. 
3,1898: 

"  An  ordinance  appropriating  the  sum  of  four  thousand  two  hundred 
dollars  ($4,200)  for  the  use  of  the  Department  of  Public  Works  of  the 
City  of  Indianapolis,  Indiana,  and  fixing  a  time  when  the  same  shall  take 
effect."  Respectfully  submitted, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


.! 


/ 


180  journal  of  common  council.  [Regular  Meeting 

His  Honor,  the  Mayor,  presented  the  following  communication: 

Executive  Department,  ,  ) 

City  of  Indianapolis,         y 
March  2,  1898.  J 
To  the  President  and  Members  of  the  Common  Council: 
Gentlemen — I  have  this  day  approved  General  Ordinance  No.  11,  1898: 
"  An  ordinance  amending  Section  seven  (7)  of  General  Ordinance  No. 
53,  1894,  commonly  known  as  the  '  Building  Ordinance.' " 

Respectfully  submitted, 

T.  Taggart, 

Mayor. 
Which  was  read  and  ordered  spread  on  the  minutes. 


reports  from  city  officers. 


Communication  from  City  Attorney: 

City  of  Indianapolis.  ) 

Office  of  the  Department  of  Law,  \ 
March  7,  1898.     J 
Mr.  E.  M.  Johnson,  City  Comptroller: 

Dear  Sir — The  case  of  the  Indianapolis  Gas  Co.  vs.  The  City  of  Indian- 
apolis has  reached  the  stage  when  the  city  must  commence  active  prepar- 
ations for  trial.  Testimony  must  be  obtained  in  various  cities,  and  from 
various  experts,  concerning  the  necessary  and  proper  cost  of  making  gas, 
and  the  cost  of  such  a  gas  plant  as  that  operated  by  the  Indianapolis 
company. 

It  is  of  the  highest  importance  to  the  city  and  its  citizens  that  the 
best  and  highest  grade  of  evidence  attainable  be  presented  to  the  court. 

To  procure  this  evidence  and  to  prepare  the  case  for  trial  will  require 
the  expenditure  of  some  money.  I  do  not  wish  to  ask  for  any  appropria- 
tion which  will  add  to  the  burdens  of  the  people,  but  respectfully  request 
that  $1,000  of  the  special  fund  heretofore  appropriated  for  the  street 
railway  litigation  be  transferred  and  reappropriated  to  the  use  of  this 
department  in  the  pending  litigation  with  the  Indianapolis  Gas  Com- 
pany. 

Assuring  you,  and  through  you  the  Council,  that  not  a  dollar  shall  be 
unnecessarily  expended,  but  urgently  requesting  that  speedy  action  be 
taken  in  the  matter,  I  am, 

Very  respectfully, 

Jno.  W.  Kern, 

City  Attorney. 

The  transfer  requested  is  approved  and  recommended,  7th  March,  1898. 

E.  M.  Johnson, 

City  Comptroller. 

Which  was  read  and  referred  to  Committee  on  Finance. 


March  7,  1898.]  city  of  Indianapolis,  ind.  181 

Communication  from  City  Attorney  : 

City  of  Indianapolis.  ) 

Office  of  the  Department  of  Law,  v 
March  7,  1898.      J 
Mr.  E.  M.  Johnson,  City  Comptroller: 

Dear  Sir — Some  days  ago  the  Board  of  Public  Works  requested  that  a 
petition  be  filed  in  the  Circuit  Court,  asking  for  the  appointment  of 
appraisers  to  appraise  the  City  Dispensary  property  for  the  purpose  of 
selling  the  same. 

Mr.  Downing,  of  the  Board  of  Public  Works,  was  of  the  impression 
that  an  ordinance  authorizing  the  sale  of  the  Dispensary  property  had 
already  been  passed  by  the  Common  Council,  as  the  Board  has  no 
authority  to  sell  real  estate  without  such  authority  from  the  Council. 
Upon  investigation  I  find  that  an  ordinance  for  this  purpose  passed  the 
Common  Council  upon  April  5,  1897,  but  was  never  signed  by  the 
Mayor,  which  failure  to  sign  was  equal  to  a  veto.  Therefore,  before 
appraisers  for  this  property  can  be  appointed,  it  is  necessary  that  an 
ordinance  be  passed  by  the  Council  and  approved  by  the  Mayor,  author- 
izing the  sale. 

I  have  prepared  an  ordinance  which  authorizes  the  sale  of  the  Dis- 
pensary property  in  accordance  with  the  terms  of  the  will  of  Stephen  D. 
Tomlinson,  and  also  with  the  contract  made  by  his  widow,  which  you 
will  please  secure  some  one  of  the  members  of  the  Council  to  introduce 
to-night  and,  for  the  reason  that  no  one  is  objecting  to  the  sale,  it  might 
be  passed  by  unanimous  consent,  at  the  same  meeting  at  which  it  is 
introduced. 

As  the  City  Clerk  is  familiar  with  the  facts,  he  could  explain  to  the 
Council  that  the  ordinance  passed  a  year  ago  was  never  signed  by  the 
Mayor. 

Very  truly  yours, 

Jno.  W.  Kern, 

City  Attorney. 

Which  was  read  and  referred  to  Committee  on  Public  Property 
and  Improvements. 


REPORTS,    ETC,    FROM    STANDING    COMMITTEES. 


Mr.  Bernauer,  on  behalf  of  the  Committee  on  Fees  and  Sal- 
aries, to  which  was  referred: 

G.  O.  No.  15,  1898.  An  ordinance  amending  Subdivision  2  of  Section  6 
of  an  ordinance  entitled  "An  ordinance  authorizing  the  employment  of 
certain  clerks,  assistants  and  employes,  and  providing  for  their  compen- 
sation; providing  for  the  compensation  of  certain  officers,  heads  of  de- 
partments, clerks  and  employes;  fixing  the  compensation,  salaries  and 
wages  of  certain  officers,  clerks  and  employes  of  the  City  of  Indianap- 
olis, Indiana;  repealing  conflicting  ordinances  and  fixing  the  time  when 
this  ordinance  shall  take  effect,"  approved  January  18,  1891,  and  fixing 
the  time  when  this  ordinance  shall  take  effect. 


182  journal  of  common  council.  [Regular  Meeting 

Made  the  following  report: 

Indianapolis,  Ind.,  March  4,  1898.   . 
Mr.  President: 

We,  your  Committee  on  Fees  and  Salaries,  have  had  under  consider- 
ation G.  O.  No.  15,  1898,  and  recommend  that  the  same  do  pass. 

Respectfully  yours,  -Edward  E.  Bernauer. 

Albert  Harston. 
e.  d.  moffett. 
Which  was  read  and  concurred  in. 


Mr.  Rauch,  on  behalf  of  the  Committee  on  Judiciary,  to  which 
was  referred : 

Resolution  No.  4,  1898  — 

Whereas,  As  the  time  for  paying  vehicle  licenses  falls  due  on  the  first 
of  the  year,  and  as  it  works  hardships  on  a  great  many  people,  being  in 
the  winter;  therefore,  be  it 

Resolved,  That  the  time  for  paying  said  license  be  extended  from 
January  1st,  1898,  to  April  1st,  1898. 

Made  the  following  report: 

Indianapolis,  Ind.,  March  7,  1898. 
Mr.  President: 

We,  your  Committee  on  Judiciary,  have  carefully  considered  Resolu- 
tion No.  4,  1898,  and  have  decided  that  we  cannot  set  aside  an  ordinance 
by  resolution. 

Albert  E.  Rauch. 
E.  W.  Little. 
J.  R.  Allen. 
Which  was  read  and  concurred  in. 


Mr.  Higgins,  on  behalf  of  the  Committee  on  Sewers,  Streets 
and  Alleys,  to  which  was  referred: 

G.  O.  No.  9,  1898.  An  ordinance  prohibiting  the  soliciting  of  custom, 
or  trade  upon  the  streets,  sidewalks  and  other  public  places  in  the  City 
of  Indianapolis,  and  fixing  penalties  for  the  violation  thereof. 

Made  the  following  report  : 

Indianapolis,  Ind.,  March  7,  1898. 
Mr.  President: 

We,  your  Committee  on  Sewers,  Streets  and  Alleys,  to  whom  was 
referred  G.  O.  No.  9,  1898,  have  had  the  same  under  consideration  and 
recommend  its  amendment  by  substituting  in  lieu  thereof  the  accom- 
panying ordinance,  and  when  so  amended,  that  it  do  pass. 

Respectfully,  John  M.  Higgins. 

John  H.  Scanlon. 

E.   D.    MOFFETT. 

John  A.  Von  Spreckelsen, 
T,  A.  Bowser. 
Which  was  read  and  concurred  in. 


March  7,  1898.]  city  of  Indianapolis,  ind.  183 

INTRODUCTION    OF    GENERAL    AND   SPECIAL    ORDINANCES. 

Under  this  order  of  business,  the  following  ordinances  were 
introduced: 

By  Mr.  Clark: 

G.  O.  No.  18,  1898.  An  ordinance  authorizing  and  directing  the  trans- 
fer of  one  thousand  dollars  heretofore  appropriated  for  the  payment  of 
special  counsel  and  expenses  of  Street  Railroad  Company's  litigation, 
to  a  fund  to  be  used  in  defraying  the  expenses  of  the  litigation  between 
the  City  of  Indianapolis  and  the  Indianapolis  Gas  Company. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  the  sum  of  one  thousand  dollars  of  the  sum 
heretofore  appropriated  for  the  Department  of  Law  for  the  payment  of 
special  counsel  and  expenses  of  the  litigation  between  the  City  of 
Indianapolis  and  the  Citizens  Street  Railroad  Company,  be  and  the  same 
is  hereby  transferred  to  a  fund  to  be  used  by  said  department  in  defray- 
ing the  necessary  and  legitimate  expenses  of  the  litigation  now  pending, 
or  which  may  hereafter  exist  between  the  Indianapolis  Gas  Company 
and  the  City  of  Indianapolis. 

Sec.  2.     This  ordinance  shall  be  in  force  from  and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Finance. 


By  Mr.  Rauch: 

G.  0.  No.  19,  1898.  An  ordinance  providing  for  the  change  of  the 
name  of  Louisa  street  to  Nowland  avenue,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  the  name  of  Louisa  street,  running  from 
Newman  street  east  to  Commerce  avenue,  be  and  shall  hereafter  be 
known  as  Nowland  avenue. 

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

With  the  following  petition: 

Indianapolis,  Ind.,  March  4,  1898. 
To  the  Common  Council  of  the  City  of  Indianapolis: 

Gentlemen — The  undersigned,  owners  of  real  estate  fronting  on  Louisa 
street,  from  Newman  street  to  Commerce  avenue,  respectfully  petition 
for  the  passage  of  an  ordinance  providing  for  changing  the  name  of 
Louisa  street  to  Nowland  avenue. 

William  C.  Sandmann,  No.  1705  Louisa  street. 
Frank  Murray,  No.  1625  Louisa  street. 
Gottlob  Erber,  No.  1701  Louisa  street. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 


184  journal  op  common  council.  [Regular  Meeting 

By  Mr.  Mahoney: 

G.  O.  No.  20,  1898.  An  ordinance  establishing  the  grade  of  Morris 
street;  and  requiring  the  Jeffersonville,  Madison  &  Indianapolis  Rail- 
road Company,  and  the  Pittsburg,  Cincinnati,  Chicago  &  St.  Louis  Rail- 
way Company,  each  to  make  its  tracks  to  conform  to  such  grade ;  provid- 
ing a  penalty  for  the  violation  thereof,  and  fixing  a  time  when  the  same 
shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  the  grade  of  Morris  street  be  and  the  same 
is  hereby  established  according  to  the  measurements  set  forth  in  the 
blue  print,  profile  and  specifications,  marked  "Exhibit  &>"  attached 
hereto  and  made  a  part  of  this  ordinance,  the  profile  of  said  street  to  be 
made  as  shown  on  said  "  Exhibit^." 

Sec.  2.  The  Jeffersonville,  Madison  &  Indianapolis  Railroad  Company 
and  the  Pittsburg,  Cincinnati,  Chicago  &  St.  Louis  Railway  Company 
are  each  hereby  required  to  lowTer,  raise  or  adjust  any  railroad  tracks 
owned,  operated  or  controlled  by  them,  or  either  of  them,  running  along, 
across  or  upon  said  parts  of  said  Morris  street,  so  as  to  make  such  track 
or  tracks  conform  to  the  grade  of  said  Morris  street,  as  established  by 
this  ordinance,  within  sixty  (60)  days  after  being  notified  so  to  do  by  the 
Board  of  Public  Works  of  the  City  of  Indianapolis,  Indiana. 

Sec.  3.  Either  of  said  railroad  companies  mentioned  in  Sections  1  and4 
2  of  this  ordinance  failing  or  refusing  to  cause  its  track  or  tracks  to  con- 
form to  the  grade  established  by  this  ordinance  within  sixty  (60)  days 
after  being  notified  so  to  do,  as  provided  by  Sections  1  and  2  of  this 
ordinance,  shall,  upon  conviction  of  failure  to  comply  with  the  terms  of 
this  ordinance,  be  fined  in  any  sum  not  less  than  one  hundred  (100) 
dollars  nor  more  than  five  hundred  (500)  dollars;  and  each  day's  contin- 
uance in  such  failure  or  refusal  to  cause  any  track  or  tracks  owned, 
operated  or  controlled  by  either  of  them  so  as  to  conform  to  said  grade 
as  established  in  Section  1  of  this  ordinance,  shall  constitute  a  separate 
offense. 

Sec.  4.  This  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  publication  once  each  week  for  two  consecutive  weeks  in 
The  Indianapolis  Sentinel,  a  daily  newspaper  of  general  circulation 
printed  and  published  in  the  City  of  Indianapolis,  Indiana. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 


By  Mr.  Colter: 

G.  O.  No.  21,  1898.  An  ordinance  authorizing  the  sale  of  certain  real 
estate  belonging  to  the  City  of  Indianapolis. 

Whereas,  A  part  of  lot  six  (6)  in  square  thirty-six  (36)  in  the  City  of 
Indianapolis,  Marion  county,  Indiana,  described  as  follows,  to-wit: 

Beginning  at  a  point  on  the  north  line  of  Ohio  street  120  feet  west  of 
the  west  line  of  Pennsylvania  street  and  running  thence  north  parallel 
with  the  west  line  of  said  Pennsylvania  street  67.}  feet  to  the  north  line 
of  said  lot  six;  thence  west  along  the  north  line  of  said  lot  40  feet  and 
3  inches  to  a  point  34  feet  and  9  inches  east  of  the  east  line  of  Scioto 
street ;  thence  south  parallel  with  the  east  line  of  said  Scioto  street  67£ 
feet,  to  the  north  line  of  Ohio  street;  thence  east  along  the  north  line  of  said 


March  7,  1898.]  city  of  Indianapolis,  ind.  185 

Ohio  street  40  feet  and  3  inches  to  the  place  of  beginning,  and  the  build- 
ing located  thereon,  have  heretofore  been  used  and  occupied  by  the 
City  of  Indianapolis  for  City  Dispensary  purposes,  but  which  are  no 
longer  needed  by  said  city  for  such  purposes;  and, 

Whereas,  It  is  necessary  to  sell  said  property  to  raise  funds  to  be  used 
in  making  certain  repairs  and  additions  upon  the  public  buildings 
located  upon  the  west  end  of  the  east  Market  Place ;  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  the  Mayor  and  Board  of  Public  Works  of 
said  city  be  and  they  are  hereby  authorized  to  sell  and  convey,  and  to 
cause  the  necessary  conveyances  to  be  executed  for  the  sale  and  convey- 
ance of  said  part  of  lot  six  (6)  in  square  thirty- six  (36)  in  the  City  of 
Indianapolis,  Indiana,  owned  by  said  city,  which  real  estate  is  described 
as  follows : 

Beginning  at  a  point  on  the  north  line  of  Ohio  street  120  feet  west  of 
the  west  line  of  Pennsylvania  street,  and  running  thence  north  parallel 
with  the  west  line  of  said  Pennsylvania  street  67£  feet  to  the  north  line 
of  said  lot  six;  thence  west  along  the  north  line  of  said  lot  40  feet  and  3 
inches  to  a  point  34  feet  and  9  inches  east  of  the  east  line  of  Scioto  street; 
thence  south  parallel  with  the  east  line  of  said  Scioto  street  672  feet  to 
the  north  line  of  Ohio  street ;  thence  east  along  the  north  line  of  said 
Ohio  street  40  feet  and  3  inches  to  the  place  of  beginning,  after  first 
causing  the  same  to  be  appraised  by  three  disinterested  freeholders  of 
such  city,  to  be  appointed  by  the  Judge  of  the  Marion  Circuit  Court  in 
accordance  with  the  provisions  and  requirements  of  the  charter  of  said 
city  relating  to  the  conveyance  and  sale  of  real  estate  belonging  to  such 
city,  the  deed  for  the  conveyance  of  said  real  estate  to  be  executed  by  the 
Mayor  and  attested  by  the  City  Clerk. 

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

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Property  and  Improvements. 


MISCELLANEOUS    BUSINESS. 

Mr.  Colter  offered  the  following  motion  : 

Mr.  President: 

I  move  to  amend  the  rules  of  the  Common  Council  by  striking  out 
Article  IV,  of  Rule  1,  which  reads  as  follows:  "No  smoking  will  be 
allowed  in  the  Council  Chamber  before  or  during  the  sitting  thereof." 


Which  was  read  and  referred  to  Committee  on  Rul 


es. 


Mr.  Colter  offered  and  moved  the  adoption  of  the  following 
resolution : 

Resolution  No.  5,  1898— 

Resolved  by  the  Common  Council  of  the  City  of  Indianapolis,  That 
the  annual  reports  of  city  officers,  transmitted  by  the  Mayor  to  the 
Council  at  the  last  meeting,  be  referred  to  the  City  Comptroller,  with 
authority  to  receive  bids  for  printing  same. 


186  journal  of  common  council.  [Regular  Meeting 

Which  was  read  and  adopted  by  the  following  vote: 

Ayes  19 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Crall, 
Harston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett,  Kauch, 
Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 

Mr.  Clark  stated  that  Councilman  James  W.  McGrew  is 
seriously  ill  of  typhoid  fever,  and  moved  that  the  President 
appoint  a  committe  of  five  to  visit  Mr.  McGrew,  and  extend  the 
sympathy  of  the  Common  Council. 

Which  motion  prevailed,  and  President  Mahoney  appointed 
the  following  committee:  Messrs.  Clark,  Allen,  Moffett,  Knight 
and  Higgins. 

ORDINANCES    ON    SECOND    READING. 


On  motion  of  Mr.  Bernauer,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

G.  0.  No.  15,  1898.  An  ordinance  amending  Subdivision  2  of  Section  6 
of  an  ordinance  entitled  "  An  ordinance  authorizing  the  employment  of 
certain  clerks,  assistants  and  employes,  and  providing  for  their  compen- 
sation; providing  for  the  compensation  of  certain  officers,  heads  of  de- 
partments, clerks  and  employes;  fixing  the  compensation,  salaries  and 
wages  of  certain  officers,  clerks  and  employes  of  the  City  of  Indianapolis, 
Indiana;  repealing  conflicting  ordinances  and  fixing  the  time  when  this 
ordinance  shall  take  effect,"  approved  January  18,  1894,  and  fixing  the 
time  when  this  ordinance  shall  take  effect. 

And  was  passed  by  the  following  vote: 

Ayes  19 — viz.:  Messrs.  Allen,.  Bernauer,  Bowser,  Clark,  Colter,  Crall, 
Harston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett,  Eauch, 
Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays— None. 


On  motion  of  Mr.  Bernauer,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time: 

App.  0.  No.  4,  1898.  An  ordinance  appropriating  the  sum  of  one 
hundred  and  six  dollars  and  sixteen  cents  with  which  to  pay  a  certain 
claim  made  by  reason  of  the  City  Comptroller  issuing  a  liquor  license  to 
John  Hoffman,  on  the  4th  day  of  January,  1898,  to  do  business  on  the 
premises  known  as  old  No.  199  Meek  street,  in  the  City  of  Indianapolis, 
upon  which  premises  a  license  had  already  been  issued  by  said  Comp- 
troller to  one  James  Reilly  on  the  9th  day  of  June,  1897. 


March  7,  1898.]  city  of  Indianapolis,  ini>.  187 

Mr.  Bernauer  offered  the  following  amendment  to  App.  0. 
No.  4,  1898: 

Mr.  President: 
I  move  to  amend  App.  0.  No.  4,  1898,  by  adding  the  following  section  : 
Sec.  2.    This  ordinance  shall  be  in  full  force  and  effect  from  and  after 

its  passage. 

Which  amendment  was  read  and  adopted. 

On  motion  of  Mr.  Bernauer,  App.  0.  No.  4,  1898,  was  then 
ordered  engrossed,  as  amended,  read  a  third  time,  and  passed  by 
the  following  vote: 

Ayes  19 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Crall, 
Harston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett,  Rauch, 
Scanlon,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays— None. 


On  motion  of  Mr.  Higgins,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time : 

G.  0.  No.  9,  1898.  An  ordinance  prohibiting  the  soliciting  of  custom, 
or  trade  upon  the  streets,  sidewalks  and  other  public  places  in  the  City 
of  Indianapolis,  and  fixing  penalties  for  the  violation  thereof. 

Mr.  Higgins,  on  behalf  of  the  Committee  on  Sewers,  Streets  and 
Alleys,  offered  the  following  amended  ordinance  as  a  substitute 
forG.  O.  No.  9,  1898: 

An  ordinance  prohibiting  the  soliciting  of  custom  or  trade  upon  the 
streets,  sidewalks  and  other  public  places  of  the  City  of  Indianapolis, 
and  fixing  penalties  for  the  violation  thereof. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  it  shall  be  unlawful  for  any  merchant  or 
other  tradesman,  or  the  keeper  of  any  hotel,  or  other  public  or  business 
house,  to  solicit  the  custom  or  trade  of  the  public  or  of  any  individual, 
by  any  outcry  made  by  himself  or  any  employe,  in  or  about  the  door 
or  window  of  his  place  of  business,  or  in  the  vicinity  of  such  place  of 
business. 

Sec.  2  It  shall  be  unlawful  for  any  merchant  or  the  keeper  of  any 
restaurant  or  store,  either  by  himself  or  by  any  employe,  to  solicit  the 
trade  or  custom  of  any  person  or  persons  passing  any  such  place  of  busi- 
ness, or  any  sidewalk,  street  or  alley  in  said  city. 

Sec.  3.  Any  person  violating  any  of  the  provisions  of  this  ordinance 
shall  on  conviction,  be  fined  in  any  sum  not  less  than  two  nor  more  than 
twenty  dollars. 

Sec.  4.  This  ordinance  shall  be  in  force  from  and  after  its  publication 
for  two  consecutive  weeks  in  The  Indianapolis  Sentinel,  a  newspaper  of 
general  circulation  in  said  city. 


188 


journal  of  common  council.  [Regular  Meeting. 


Mr.  Shaffer  moved  that  the  substitute  for  G.  0.  No.  9,  1898,  be 
referred  to  Committee  on  Sewers,  Streets  and  Alleys,  and  printed 
in  the  Journal. 

Mr.  Higgins  moved  to  lay  Mr.  Shaffer's  motion  on  the  table. 

After  some  discussion,  Mr.  Higgins  withdrew  his  motion. 

The  question  being  on  Mr.  Shaffer's  motion,  which  motion 
prevailed. 

On  motion  of  Mr.  Clark,  the  Common  Council,  at  8:45  o'clock 
p.  M.,  adjourned. 


)     President. 


^/t^M— •} 


'City  Clerk 


March  21, 1898.]  city  of  Indianapolis,  ind.  189 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

March  21,  1898. 


The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  March  21,  1898,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  18  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins, 
Knight,  Little,  Madden,  Merrick,  Moffett,  Rauch,  Scanlon,  Smith 
and  Von  Spreckelsen. 

Absent,  2 — viz.:     Messrs.  McGrew  and  Shaffer. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Madden  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

communications,  etc,  from  mayor. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department, 

City  of  Indianapolis, 

March  10,  1898. 
To  the  President  and  Members  of  the  Common  Council: 

Gentlemen— I  herewith  return  to  yon  G.  O.  No.  4,  1898,  unsigned,  and 
attach  thereto  the  opinion  of  the  City  Attorney  with  reference  to  said 
ordinance. 

Very  respectfully, 

T.  Taggart, 

Mayor. 


190  journal  of  common  council.  [Regular  Meeting 

With  the  following  opinion  from  City  Attorney : 

City  of  Indianapolis.  ) 

Office  of  the  Department  of  Law,  [ 
March  3,  1898.         ) 
Hon.  Thomas  Taggart,  Mayor; 

Dear  Sir— I  have  considered  your  communication  as  to  the  right  of  the 
Common  Council  to  pass  an  ordinance  requiring  the  payment  of  all  em- 
ployes of  the  city  to  be  made  once  every  two  weeks. 

Section  54  of  the  City  Charter,  ih  enumerating  the  powers  of  the 
Comptroller,  provides  that  he  shall  have  power  "to  prescribe  *  *  *  the 
manner  in  which  the  salaries  shall  be  drawn,  and  the  mode  by  which  all 
creditors,  officers  and  employes  shall  be  paid.  The  salaries  shall  be  pay- 
able once  in  three  months." 

The  word  "employes,"  as  used  in  the  ordinance,  is  a  very  general  term 
and  its  meaning  is  very  broad.  It  has  been  variously  denned  by  the  dif- 
ferent authorities.  Webster  defines  the  term  as  "one  who  is  employed." 
Worcester  defines  lit  as  "one  who  is  employed:  an  official,  a  clerk,  a 
servant."  'The  United  States  Court  of  Claims  has  defined  the  word  to 
mean  "anyone  in  place,  or  having  charge,  or  using  a  function,  as  well  as 
one  in  office." 

Under  these  definitions  of  the  term  it  could  be  held  to  mean  all  per- 
sons connected  with  the  city  government.  But  I  think  the  reasonable  in- 
terpretation to  be  put  upon  it,  as  would  seem  to  be  indicated  by  the  de- 
cisions of  the  courts  with  regard  to  wages  due  employes  of  railroads,  is 
that  it  includes  all  persons  rendering  service  to  the  city  other  than  the 
elective  officers  and  various  boards  and  heads  of  departments  appointed 
by  you. 

The  charter  establishes  certain  departments  of  the  city  government, 
and  expressly  defines  the  powers  and  functions  of  each;  and  one  depart- 
ment cannot  in  any  way  regulate  or  interfere  with  powers  and  duties  ex- 
clusively conferred  upon  another.  The  charter  provides  that  the  Comp- 
troller shall  prescribe  the  manner  in  which  salaries  shall  be  drawn  and 
the  mode  by  which  all  creditors,  officers  and  employes  shall  be  paid,-  and 
does  not  anywhere  confer  upon  the  Common  Council  authority  to  regu- 
late this  matter. 

It  is  therefore  my  opinion  that  any  attempt  of  the  Common  Council  to 
fix  the  time  when  the  salaries  or  compensation  of  employes  shall  be  paid 
amounts  to  nothing  more  than  a  mere  expression  of  opinion. 

Very  truly  yours, 

John  W.  Kern, 

City  Attorney. 

Which  was  read  and  ordered  spread  on  the  minutes. 

His  Honor,  the  Mayor,  presented  the  following  communication : 

Executive  Department,  ) 

City  of  Indianapolis, 

March  14,  1898.  | 
To  the  President  and  Members  of  the  Common  Council: 

Gentlemen— I  have  this  day  approved  the  following  ordinances: 
A  pp.  O.  No.  4,  1898.    An  ordinance  appropriating  the  sum  of  one  hun- 
dred and  six  dollars  and  sixteen  cents  with  which  to  pay  claim  of  James 
Reilly. 

Resolution  No.  5,  1898.  That  annual  reports  of  city  officers  be  referred 
to  City  Comptroller,  with  authority  to  receive  bids  for  printing  of  same. 


March  21,  1898.]  city  of  Indianapolis,  ini>.  191 

G.  O.  No.  15,  1898.  An  ordinance  amending  subdivision  two  of  section 
six  of  an  ordinance  entitled  "An  ordinance  authorizing  the  employment 
of  certain  clerks,  assistants  and  employes,  and  providing  for  their  com- 
pensation." 

Respectfully  submitted, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 

REPORTS,    ETC.,    FROM    STANDING    COMMITTEES. 

Mr.  Merrick,  on  behalf  of  the  Committee  on  Accounts  and 
Claims,  to  which  was  referred: 

App.vO.  No.  5,  1898.  An  ordinance  appropriating  the  sum  of  one  hun- 
dred four  dollars  and  seventeen  cents  ($104.17),  with  which  to  pay  a 
certain  claim  made  by  virtue  of  Section  8  of  an  act  entitled  "An  act  to 
better  regulate  and  restrict  the  sale  of  intoxicating  and  malt  liquors," 
etc.,  approved  March  11,  1895,  and  fixing  the  time  when  the  same  shall 
take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  February  4,  1898. 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir — We,  your  Committee  on  Accounts  and  Claims,  have  had 
under  consideration  App.  O.  No.  5,  1898,  and  recommend  that  the  same 
do  pass. 

Respectfully  yours, 

Richard  Merrick. 
Edward  E.  Bernauer. 
John  H.  Crall. 
Which  was  read  and  concurred  in. 

Mr.  Colter,  on  behalf  of  the  Committee  on  Contracts  and 
Franchises,  to  which  was  referred:  / 

G.  O.  No.  G,  1898.  An  ordinance  fixing  the  maximum  rate  to  be 
charged  for  the  use  of  electric  lights,  providing  a  penalty  for  the  viola- 
tion thereof  and  repealing  all  ordinances  in  conflict  therewith  and-  de- 
claring an  emergency. 

Made  the  following  report: 

Indianapolis,  Ind.,  March  18,  1898. 
Mr.  President: 

We,  your  Committee  on  Contracts  and  Franchises,  liave  had  G.  O.  No. 
0,  1898,  under  consideration,  and  upon  the  opinion  of  the  City  Attorney 
that  it  would  not  be  valid  if  passed,  would  recommend  that  it  be  stricken 
from  the  files. 

Geo.  R.  Colter. 

John  A.  Von  Spreckelsen. 

Albert  E.  Rauch. 

Jas    H.  Costello 

Robert  M.  Madden. 

John  H.  Scanlon. 

W.  W.  Knight. 


192  journal  or  common  council.  [Regular  Meeting 

With  the  following  communication  from  City  Attorney: 

City  of  Indianapolis.  ) 

Office  of  the  Department  of  Law,  V 
March  16,  1898.      ) 
Geo.  R.  Colter,  Esq.,  Member  Common  Council: 

In  reply  to  your  inquiry  as  to  the  validity  of  the  ordinance  regulating 
the  prices  to  be  charged  in  the  city  for  electric  light  furnished  to  private 
consumers,  I  will  say  that  as  a  general  proposition  there  is  no  question  as 
to  the  right  of  the  city  authorities  to  regulate  rates  to  be  charged  to  the 
public  by  persons  and  corporations  engaged  in  the  business  of  furnishing 
to  the  public  light,  water,  and  similar  necessaries. 

There  are  two  limitations  upon  this  general  principle,  to  which  I  call 
your  attention : 

First.  Such  regulations  must  not  in  any  way  interfere  with  the  valid 
contract  rights  of  the  parties  affected,  and 

Second.    Such  regulation  must  be  reasonable. 

The  contract  between  the  city  and  the  Indianapolis  Light  and  Power 
Company  contains  no  provision  as  to  the  rates  to  be  charged  to  private 
consumers.  It  is,  however,  provided  that  after  a  certain  date  that  com- 
pany shall  pay  a  certain  per  cent,  of  its  gross  recepits  from  incandescent 
lighting,  as  well  as  from  arc  lighting  and  power  furnished,  into  the  city 
treasury. 

It  is  claimed  by  the  company  that  this  ordinance,  which  it  claims  will 
greatly  reduce  its  gross  receipts,  but  which  at  the  same  time  leaves  un- 
changed the  per  cent,  of  its  gross  receipts  to  be  paid  to  the  city,  is  invalid 
because  it  impairs  the  obligation  of  what  it  claims  amounts  to  an  implied 
contract  with  the  city — that  its  rates  by  which  it  accumulated  the  gross 
receipts,  the  per  cent,  of  which  it  is  required  to  pay  'into  the  city  treas- 
ury, should  remain  unchanged  during  the  period  that  percentage  is  re- 
quired to  be  paid. 

It  is  also  claimed  that  the  ordinance  is  unreasonable  in  its  regulation 
because  it  requites  the  company  to  furnish  electric  light  to  all  persons 
using  the  same  at  so  much  per  burner,  without  regard  to  the  amount 
used. 

While  there  is  some  plausibility  in  the  first  claim  advanced,  yet  I  am 
inclined  to  the  opinion  that  if  the  present  rates  charged  are  unreasonable 
and  extortionate,  as  measured  by  the  amounts  charged  to  and  paid  by 
citizens  of  other  cities  in  all  respects  similarly  situated,  the  rates  might 
be  so  regulated  by  the  city  authorities  as  to  make  them  reasonable  and 
to  protect  the  citizens  from  extortionate  charges. 

In  fixing  an  arbitrary  per  cent,  of  the  gross  receipts  to  be  paid  to  the 
city,  it  was  doubtless  believed  that  there  would  be  fluctuations  in  the 
amount  derived  from  time  to  time  by  the  company  from  its  gross  re- 
ceipts. If  by  reason  of  large  consumption  and  high  rates  those  receipts 
were  large,  the  amount  received  by  the  city  would  be  correspondingly 
great,  while,  on  the  other  hand,  if  by  reason  of  less  consumption  or 
lower  rates,  or  both,  the  gross  receipts  were  decreased,  the  payment  to 
the  city  would  be  proportionately  less. 

Applying  the  rule  universally  accepted  by  the  courts  that  contracts 
such  as  this  are  to  be  construed  in  favor  of  the  public,  resolving  all 
doubts  against  the  corporation,  I  think  it  clear  that  there  is  nothing  in 
this  contract  to  prevent  the  city  authorities  from  fixing  rates  reasonable 
to  both  the  public  and  the  company. 

I  am  compelled,  however,  to  admit  that  there  is  merit  in  the  second 
objection.  The  Electric  Light  Company  sells  electric  light  by  meter 
measurement.  Every  man  using  the  light  pays  for  the  amount  actually 
consumed.  This  ordinance  provides  that  a  certain  amount  shall  be  paid 
for  each  burner,  regardless  of  the  amount  consumed;  so  that  the  man 


March  21,  1898.]  city  of  Indianapolis,  ind.  193 

who  uses  a  single  electric  light  eighteen  hours  every  day  will  be  re- 
quired to  pay  the  same  price  as  his  neighbor  who  uses  one  light  fifteen 
minutes  eadli  day. 

Electricity  is  generated  or  manufactured  to  be  sold.  It  is  in  the  na- 
ture of  a  commodity.  Will  it  be  claimed  that,  in  the  absence  of  a  con- 
tract to  that  effect,  the  city  could  require  an  artificial  gas  company  to 
furnish  illuminating  gas  at  so  much  per  burner,  receiving  the  same  price 
for  a  million  feet  furnished  one  man  as  for  a  thousand  feet  furnished 
another?  It  is  true  that  our  citizens  have  natural  gas  furnished  them  at 
so  much  per  fire,  regardless  of  the  amount  consumed,  but  it  will  be 
borne  in  mind  that  natural  gas  is  so  furnished  in  accordance  with  a  con- 
tract entered  into  with  the  natural  gas  companies  before  amy  of  them 
commenced  the  sale  and  distribution  of  natural  gas  in  the  city. 

It  has  been  held  by  the  courts  that,  under  the  general  power  to  regu- 
late prices  and  protect  the  citizens  against  unreasonable  rates  and 
charges,  the  Common  Council  of  a  city  may  by  ordinance  fix  the  price 
of  bread. 

In  accordance  with  the  power  assumed  by  the  ordinance  under  dis- 
cussion, the  price  to  be  charged  for  bread  might  be  fixed  by  the  city  au- 
thorities, not  at  so  much  per  loaf,  or  per  pound,  but  at  so  much  per  con- 
sumer, so  that  each  individual  should  be  supplied  with  all  the  bread  he 
could  use  at  a  certain  price—the  price  to  be  the  same  whether  much  or 
little  should  be  consumed.  It  would  scarcely  be  contended  that  such  leg- 
islation would  be  a  proper  and  valid  exercise  of  the  power  to  regulate. 

For  the  reason  that  the  regulation  attempted  here  is  clearly  unreason- 
able, I  am  of  the  opinion  that  the  validity  of  the  ordinance  in  question 
would  not  be  sustained  by  the  courts. 

Jno.  W.  Kern, 

City  Attorney. 

Which  was  read  and  ordered  spread  on  the  minutes. 

Mr  Costello,  on  behalf  of  the  Committee  on  Finance,  to  which 
was  referred : 

G.  0.  No.  18,  1898.  An  ordinance  authorizing  and  directing  the  trans- 
fer of  one  thousand  dollars  heretofore  appropriated  for  the  payment  of 
special  counsel  and  expenses  of  Street  Railroad  Company's  litigation, 
to  a  fund  to  be  used  in  defraying  the  expenses  of  the  litigation  between 
the  City  of  Indianapolis  and  the  Indianapolis  Gas  Company. 

Made  the  following  report: 

Inpianapolis,  Ind.,  March  21,  1898. 
Mr.  President: 

Your  Committee  on  Finance  have  considered  G.  O.  No.  18,  1898,  and 
the  request  of  the  City  Attorney,  and  recommend  that  the  ordinance 
do  pass. 

Respectfully, 

Jas.  H.  Costello. 

E.   D.    MOFFETT. 

W.  F.  Smith. 
Edavard  E.  Bernauer. 
Richard  Merrick. 
J.  R.  Allen. 
Robert  M.  Madden. 
Frank  S.  Clark. 
Which  was  read  and  concurred  in. 


194  journal  of  common  council.  [Regular  Meeting 

Mr.  Costello,  on  behalf  of  the  Committee  on  Finance,  to  which 

was  referred: 

G.  O.  No.  16,  189S.  An  ordinance  ratifying  the  issue  and  sale  of  cer- 
tain park  bonds  therein  described,  in  pursuance  of  the  provisions  of  an 
ordinance  passed  on  the  1st  day  of  March,  1897;  pledging  the  faith  and 
credit  of  the  City  of  Indianapolis  to  the  payment  of  the  same;  transfer- 
ring the  funds  derived  therefrom  to  the  Department  of  Public  Works; 
and  authorizing  such  Department  to  expend  the  same  for  park  purposes, 
'subject  to  conditions  and  limitations  contained  therein,  and  fixing  the 
time  when  the  same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  March  21,  1898. 
Mr.  President: 

Your  Committee  on  Finance,  to  whom  was  referred  G.  O.  No.  1G.  1898, 
authorizing  the  transfer  of  certain  moneys  derived  from  the  sale  of 
bonds  for  the  purchase  of  parks  and  the  improvement  thereof,  have  con- 
sidered same,  and  do  recommend  its  passage. 

Respectfully, 

Jas.  H.  Costello. 
e.  d.  moffett. 
Richard  Merrick. 
Edward  E.  Bernauer. 
W.  F.  Smith. 
Robert  M.  Madden. 
Frank  S.  Clark. 
Which  was  read  and  concurred  in. 


Mr.  Rauch,  on  behalf  of  the  Committee  on  Judiciary,  to  which 

was  referred : 

G.  O.  No.  13,  1898.  An  ordinance  fixing  the  maximum  rate  to  be 
charged  for  the  use  of  water  to  private  consumers,  and  repealing  all 
ordinances  in  conflict  therewith  and  declaring  an  emergency. 

Made  the  following  report: 

Indianapolis,  Ind.,  February  17,  1898. 
Mr.  Presiden  t : 

We,  your  Committee  on  Judiciary,  have  carefully  considered  G.  O. 
No.  13,  1898,  and  recommend  that  the  same  do  pass. 

Albert  E.  Rauch. 


Which  was  read  and  concurred  in. 


E.  W.  Little. 


Mr.  Clark,  on  behalf  of  the  Committee  on  Public  Safety  and 
Comfort,  to  which  was  referred: 

Resolution  No.  3,  1898.— 

Whereas,  Willis  D.  Engie  is  desirous  of  erecting  a  frame  dwelling- 
house  upon  lot  six  (6)  in  Ray's  subdivision  of  the  east  part  of  outiot 
ninety-two  (92)  in  the  City  of  Indianapolis;  and 

Whereas,  Said  lot  is  located  within  the  fire  limits  of  the  City  of  In- 
dianapolis, and  ithe  erection  of  such  building  is  prohibited  by  the  ordi- 
nance defining  such  fire  limits;  therefore,  be  it 


March  21,  1898.]  city  of  Indianapolis,  ind.  195 

Resolved  by  the  Common  Council  of  the  City  of  Indianapolis,  Indiana, 
That  Willis  D.  Engle  be  and  he  is  hereby  given  permission  to  erect  a 
frame  dwelling-house  upon  lot  number  six  (6)  in  Ray's  subdivision  of  the 
east  part  of  out  lot  ninety-two  (92)  in  the  City  of  Indianapolis,  the  same 
being  in  the  rear  of  number  three  hundred  and  eighteen  (318)  South 
Noble  street,  in  the  City  of  Indianapolis. 

Made  the  following  report: 

Indianapolis,  Ind.,  March  3,  1898. 
Mr.  President: 

We,  your  Committee  on  Public  Safety  and  Comfort,  have  had  Resolu- 
tion No.  3,  1898,  before  the  committee,  and  after  careful  consideration 
would  recommend  that  the  same  do  not  pass. 

Respectfully, 

Frank  S.  Clark. 
W.  F.  Smith. 
T.  A.  Bowser. 
Albert  E.  Rauch. 

E.   D.   MOFFETT. 

Which  was  read  and  concurred  in. 


Mr.  Clark,  on  behalf  of  the  Committee  on  Public  Safety  and 
Comfort,  to  which  was  referred  : 

G,  O.  No.  G8,  1897.  An  ordinance  requiring  street  railroad  companies 
to  provide  electric  alarm  bells  on  their  cars  for  the  use,  convenience  and 
safety  of  passengers. 

Made  the  following  report: 

Indianapolis,  Ind.,  March  3,  1898. 
Mr.  President: 

We,  your  Committee  on  Public  Safety  and  Comfort,  have  had  G.  O. 
No.  08,  1897,  under  consideration,  and  after  a  careful  investigation  we 
would  reconnnend  that  the  same  do  not  pass. 

Respectfully, 

Frank  S.  Clark. 
W.  F.  Smith. 
T.  A.  Bowser. 
Albert  E.  Rauch. 
E.  D.  Moffett. 
Which  was  read  and  concurred  in. 


Mr.  Higgins,  on  behalf  of  the  Committee  on  Sewers,  Streets 
and  Alleys,  to  which  was  referred: 

G.  O.  No.  19,  1898.  An  ordinance  providing  for  the  change  of  the 
name  of  Louisa  street  to  Nowland  avenue,  and  fixing  the  time  when  the 
same  shall  take  effect. 


196  journal  of  common  council.  [Regular  Meeting 

Made  the  following  report: 

Indianapolis,  Ind.,  March  21,  1898. 
Mr.  President: 

We,  your  Committee  on  Sewers,  Streets  and  Alleys,  have  bad  G.  O. 
No.  19,  1898,  under  consideration,  and  recommend  its  passage. 

Respectfully, 

John  M.  Higgins. 
E.  D.  Moffett. 
John  A.  Von  Spreckelsen. 
John  H.  Scanlon. 
T.  A.  Bowser. 
Which  was  read  and  concurred  in. 

REPORTS    FROM    SELECT    COMMITTEES. 

Mr.  Clark,  on  behalf  of  the  Committee  appointed  to  visit 
Councilman  James  W.  McGrew,  reported  that  the  Committee 
had  visited  Mr.  McGrew  and  found  his  health  very  much  im- 
proved. 

INTRODUCTION    OF    GENERAL    AND    SPECIAL    ORDINANCES. 

Under  this  order  of  business,  the  following  ordinances  were 
introduced: 

By  Mr.  Von  Spreckelsen : 

G.  O.  No.  22,  1898.  An  ordinance  changing  the  name  of  a  portion  of 
Peru  avenue  and  fixing  the  time  when  the  same  shall  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis. Indiana,  That  the  name  of  that  portion  of  Peru  avenue  lying 
between  the  west  time  of  Davidson  street  and  the  south  line  of  St.  Clair 
street,  in  said  city,  be  and  the  same  is  hereby  changed  to  Davidson 
street,  and  said  portion  of  said  Peru  avenue  shall  hereafter  be  known 
and  designated  as  Davidson  street. 

Sec.  2.  That  the  name  of  that  portion  of  Peru  avenue  lying  between 
the  west  line  of  Pine  street  and  the  south  line  of  Massachusetts  avenue 
be  and  the  same  is  hereby  changed  to  Pine  street,  and  said  portion  of 
said  Peru  avenue  shall  hereafter  be  known  and  designated  as  Pine 
street. 

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

With  the  following  petition  : 

Indianapolis,  Ind.,  March  21,  1898. 

To  the  Common  Council  of  the  City  of  Indianapolis: 

Gentlemen— We,  the  undersigned  property  holders  abutting  on  Pine 
street  and  Peru  avenue,  do  respectfully  request  your  honorable  body  to 
change  the  name  of  that  portion  of  Peru  avenue  lying  between  the  west 


March  21,  1898.]  city  of  Indianapolis,  ind.  197 

line  of  Pine  street  and  the  south  line  of  Massachusetts  avenue  to  Pine 
street;  also  that  portion  of  Peru  avenue  lying  between  the  west  line  of 
Davidson  street  and  the  south  line  of  St.  Clair  street  to  Davidson  street. 
We  respectfully  submit  the  above  to  your  honorable  body  for  your  con- 
sideration. 

Mrs.  Ellen  Breen,  David  G.  Kern,  A.  Izor,  W.  H.  Kern, 
Frank  and  Bertha  Norkus,  Daniel  Campbell,  Henry 
Reinken,  Cornelius  Hanley,  Henry  Brockway,  Joseph 
Henn,  Anna  Bush,  Ed.  Homuth. 

Which   was  read  a  first  time  and  referred  to  Committee  on 

Sewers,  Streets  and  Alleys. 

By  Mr.  Moffett : 

G.  O.  No.  23,  1898.  An  ordinance  authorizing  the  erection  of  a  portico 
or  vestibule  at  and  in  front  of  the  public  entrance  to  the  Bates  House 
Hotel,  on  Illinois  street,  in  the  City  of  Indianapolis,  upon  conditions 
therein  named. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  Indian- 
apolis, Indiana,  That  the  lessee  and  proprietor  of  the  Bates  House,  a  hotel 
in  said  city  situate  on  the  northwest  corner  of  Washington  and  Illinois 
streets,  be  and  is  hereby  authorized  and  permitted  to  erect  and  maintain  a 
permanent  portico  or  vestibule  at  and  in  front  of  the  principal  public  en- 
trance to  said  hotel  on  Illinois  street.  Provided,  That  no  part  of  the  said 
structure  shall  extend  beyond  the  outer  edge  of  the  sidewalk  in  front 
of  such  entrance;  that  the  overhead  portions  thereof  snail  not  be  closer 
•to  the  surface  of  the  sidewalk  at  any  point  than  ten  feet,  the  posts  or 
pillars  'supporting  the  same  shall  not  reduce  the  space  left  open  for 
travel  to  less  than  twelve  feet;  that  the  space  between  such  posts  or 
pillars  shall  not  be  less  than  twelve  feet,  and  that  the  said  structure  shall 
not  interfere  with  travel,  nor  obstruct  the  street  or  sidewalk  to  a 
greater  extent  than  the  porticos  or  vestibules  of  like  character  now  main- 
tained in  front  of  the  Grand  and  Denison  Hotels  in  said  city:  Provided 
further,  That  before  such  structure  shall  be  commenced,  built  or  main- 
tained, detailed  drawings  and  plans  and  specifications  thereof  shall  be 
submitted  to  and  approved  by  the  Building  Inspector  of  said  city,  and 
that  after  such  approval  a  building  permit  shall  be  issued  as  provided  by 
the  ordinance  regulating  such  permits.  \ 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Safety  and  Comfort. 


MISCELLANEOUS    BUSINESS. 

Mr.  Harston  offered  and  moved  the  adoption  of  the  following 
resolution: 

Resolution  No.  G,  1898— 

Whereas,  In  the  destruction  of  the  battleship  Maine,  and  in  the  death 
of  so  many  of  her  gallant  crew,  the  United  States  Government  has  suf- 
fered an  irreparable  loss;  and 


198  journal  of  common  council.  [Kegular  Meeting 

Whereas,  Recent  developments  have  established  the  fact  that  these 
results  were  due  either  to  official  or  individual  Spanish  intrigue;  there- 
fore, be  it 

Resolved,  That  the  Common  Council  of  Indianapolis,  Indiana,  urge 
upon  the  Government  the  necessity  of  insisting  upon  the  evacuation  of 
the  Spanish  army  from  Cuba,  and  a  suitable  indemnity  for  the  loss  of 
the  Maine;  and 

Resolved,  That  should  the  court  of  inquiry  develop  the  fact  that  the 
disaster  was  the  result  of  a  plot  of  the  Spanish  Government,  that  this 
body  will  lend  its  moral  assistance  to  the  executive  in  a  declaration  of 
hostilities;  and  be  it  further 

Resolved,  That  a  copy  of  these  resolutions  be  forwarded  to  the  Navy 
Department  at  Washington.  ' 

Which  was  read  and  adopted  by  the  following  vote: 

Ayes  17 — viz.:  Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello,  Har- 
ston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett,  Rauch,  Scanlon, 
Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays  2— viz.:    Messrs.  Allen  and  Crall. 


ORDINANCES    ON    SECOND    READING. 

On  motion  of  Mr.  Costello,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

G.  0.  No.  16,  1898.  An  ordinance  ratifying  the  issue  and  sale  of  cer- 
tain park  bonds  therein  described,  in  pursuance  of  the  provisions  of  an 
ordinance  passed  on  the  1st  day  of  March,  1897;  pledging  the  faith  and 
credit  of  the  City  of  Indianapolis  to  the  payment  of  the  same;  transfer- 
ring the  funds  derived  therefrom  to  the  Department  of  Public  Works; 
and  authorizing  such  department  to  expend  the  same  for  park  purposes, 
subject  to  conditions  and  limitations  contained  therein,  and  fixing  the 
time  when  the  same  shall  take  effect. 

And  was  passed  by  the  following  vote: 

Ayes  16 — viz.:  Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello,  Har- 
ston,  Higgins,  Knight,  Madden,  Merrick,  Moffett,  Rauch,  Scanlon,  Smith, 
Von  Spreckelsen  and  President  Mahoney. 

Nays  3 — viz.:     Messrs.  Allen,  Crall  and  Little. 

Mr.  Moffett  moved  that  the  Council  return  to  the  order  of 
"Miscellaneous  Business." 

Which  motion  prevailed. 

Mr.  Moffett  offered  and  moved  the  adoption  of  the  following 
resolution : 
Resolution  No.  7,  1898— 

Be  it  resolved  by  the  Common  Council  of  the  City  of  Indianapolis,  In- 
diana, That  it  is  the  sense  of  this  Council   that  the  Board  of  Public 


March  21,  1898.]  city  of  Indianapolis,  ind.  199 

Works  should  include  Jin  their  park  plans  a  commodious  public  bath 
house  on  the  south  bank  of  Fall  creek,  and  on  the  edge  of  one  of  the 
lakes  proposed  to  be  made— the  bank  or  beach  of  such  lake  to  be  so  con- 
structed as  to  make  a  sandy  beach  to  the  breadth  of  at  least  one  hundred 
yards,  and  gradually  sloping  from  the  outer  edge  or  surf  into  the  lake 
for  a  distance  of  at  least  one  hundred  feet,  where  the  depth  of  the  water 
shall  not  be  less  than  six  feet,  so  that  the  same  can  be  used  for  public 
bathing  during  the  summer  months;  and  be  it  further 

Resolved,  That  said  Board  will  receive  the  cordial  support  of  this 
Council  in  the  construction  of  a  suitable  building  at  or  near  the  same 
place,  to  be  ultimately  provided  with  such  interior  arrangements  that 
large  pools  can  be  constructed  therein  and  maintained  in  a  suitable 
manner,  for  public  bathing  during  the  winter  months— the  said  building 
to  be  kept  and  maintained  as  one  of  the  public  charities  of  said  city. 

Which  was  read  and  adopted  by  the  following  vote: 

Ayes  17 — viz.:  Messrs.  Allen,  Bowser,  Clark,  Colter,  Costello,  Crall, 
Harston,  Higgins,  Knight,  Madden,  Merrick,  Moffett,  Rauch,  Scanlon, 
Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays  2 — viz.:    Messrs.  Bernauer  and  Little. 

The  Council  then  returned  to  the  regular  order  of  business, 
"Ordinances  on  Second  Reading." 


On  motion  of  Mr.  Bernauer,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

App.  O.  No.  5,  1898.  An  ordinance  appropriating  the  sum  of  one  hun- 
dred four  dollars  and  seventeen  cents  ($104.17),  with  which  to  pay  a 
certain  claim  made  by  virtue  of  Section  8  of  an  act  entitled  "An  act  to 
better  regulate  and  restrict  the  sale  of  intoxicating  and  malt  liquors." 
etc.,  approved  March  11,  1895,  and  fixing  the  time  when  the  same  shall 
take  effect. 

And  was  passed  by  the  following  vote: 

Ayes  19 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello, Crall,  Harston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett, 
Rauch,  Scanlon,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays— None. 


Mr.  Madden  moved  that  the  following  entitled  ordinance  be 
called  from  the  Committee  on  Public  Safety  and  Comfort: 

G.  O.  No.  7,  1898.  An  ordinance  regulating  hauling  and  transporta- 
tion of  sand,  gravel  and  dirt;  defining  what  shall  constitute  a  load  for 
two  horses;  providing  a  penalty  for  the  violation  thereof,  and  fixing  a 
time  when  the  same  shall  take  effect. 


Which  motion  prevailed. 


200  journal  of  common  council.  [Regular  Meeting 

On  motion  of  Mr.  Colter,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time: 

G.  O.  No.  6,  1898.  An  ordinance  fixing  the  maximum  rate  to  be 
charged  for  the  use  of  electric  lights,  providing  a  penalty  for  the  viola- 
tion thereof  and  repealing  all  ordinances  in  conflict  therewith  and  de- 
claring an  emergency. 

And,  on  motion  of  Mr.  Colter,  G.  O.  No.  6,  1898,  was  stricken 
from  the  files  by  the  following  vote: 

Ayes  18 — viz.:  Messrs.  Allen  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello,  Crall,  Harston,  Higgins,  Knight,  Madden,  Merrick,  Moffett,  Rauch, 
Scanlon,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays  1— viz.:    Mr.  Little. 

On  motion  of  Mr.  Madden,  the  following  entitled  ordinance 

was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 

read  a  third  time: 

G.  0.  No.  7,  1898.  An  ordinance  regulating  hauling  and  transporta- 
tion of  sand,  gravel  and  dirt;  defining  what  shall  constitute  a  load  for 
two  horses;  providing  a  penalty  for  the  violation  thereof,  and  fixing  a 
time  when  the  same  shall  take  effect. 

Mr.  Madden  moved  that  the  words  "The  Sun,"  in  line  three  of 
Sec.  3  be  stricken  out  and  the  words  "The  Indianapolis  Sentinel" 
be  substituted  therefor. 

The  President  ruled  the  motion  out  of  order. 

The  question  being  on  the  passage  of  G.  O.  No.  7,  1898. 
Which  failed  of  passage  by  the  following  vote: 

Ayes  8 — viz.:  Messrs.  Bowser,  Crall,  Harston,  Higgins,  Little,  Mad- 
den, Merrick  and  Scanlon. 

Nays  11 — viz.:  Messrs.  Allen,  Bernauer,  Clark,  Colter,  Costello, 
Knight,  Moffett,  Rauch,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

On  motion  of  Mr.  Rauch,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

G.  O.  No.  19,  1898.  An  ordinance  providing  for  the  change  of  the  name 
of  Louisa  street  to  Nowland  avenue,  and  fixing  the  time  when  the  same 
shall  take  effect. 

And  was  passed  by  the  following  vote: 

Ayes  18 — viz.:  Messrs.  Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall, 
Harston,  Higgins,  Knight,  Little.  Madden,  Merrick,  Moffett,  Rauch, 
Scanlon,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays  1— viz.:    Mr.  Allen. 


March  21,  1898.]  city  of  Indianapolis,  ind.  201 

On  motion  of  Mr.  Moffett,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time: 

G.  O.  No.  69,  1897.  An  ordinance  to  amend  section  one  (1)  of  "An 
ordinance  regulating  peddling-  and  designating  portions  of  public  streets 
where  certain  kinds  of  peddling  is  prohibited,  and  matters  connected 
therewith,"  approved  March  11.  1895,  and  fixing  the  time  when  the  same 
shall  fake  effect. 

Mr.  Moffett  offered  the  following  amendment  to  G.  0.  No.  69, 

1897: 

Mr.  President: 

I  move  to  strike  out  the  words  "The  Sun,"  in  line  3  of  Section  2  of 
G.  O.  No.  C9,  1897,  and  insert  in  lieu  thereof  the  words  "The  Indianap- 
olis Sentinel." 

Which  amendment  was  read  and  adopted. 

On  motion  of  Mr.  Moffett,  G.  0.  No.  69,  1897,  was  then  ordered 
engrossed,  as  amended,  read  a  third  time,  and  passed  by  the  fol- 
lowing vote: 

Ayes  16 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello,  Crall,  Harston,  Higgins,  Knight,  Merrick,  Moffett,  Rauch,  Scanlon, 
Smith  and  Von  Spreckelsen. 

Nays  3 — viz.:    Messrs.  Little,  Madden  and  President  Mahoney. 

Mr.  Knight  moved  that  the  Council  do  now  adjourn. 
The  Chair  decided  the  motion  lost. 
Mr.  Crall  appealed  from  the  decision  of  the  Chair. 
The  Chair  was  sustained. 

On  motion  of  Mr.  Higgins,  the  following  entitled  ordinance 
was  taken  up : 

G.  O.  No.  9,  1898.  An  ordinance  prohibiting  the  soliciting  of  custom, 
or  trade  upon  the  streets,  sidewalks  and  other  public  places  in  the  City 
of  Indianapolis,  and  fixing  penalties  for  the  violation  thereof. 

Mr.  Harston  moved  that  the  recommendation  of  the  Commit- 
tee on  Sewers,  Streets  and  Alleys,  that  the  substitute  (see  page 
187)  take  the  place  of  G.  0.  No.  9,  1898,  be  adopted. 

Which  motion  prevailed. 


202  journal  of  common  council.  [Regular  Meeting. 

On  motion  of  Mr.  Harston,  G.  0  No.  9,  1898,  was  then  ordered 
engrossed  as  amended,  read  a  third  time,  and  passed  by  the  fol- 
lowing vote: 

Ayes  19 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello,  Crall,  Harston,  Higgins,  Knight,  Little,  Madden,  Merrick,  Moffett, 
Rauch,  Scanlon,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 

On  motion  of  Mr.  Costello,  the  following  entitled  ordinance 
was  taken  up  and  read  a  sec  >nd  time. 

G.  O.  No.  18,  1898.  An  ordinance  authorizing  and  directing  the  trans- 
fer of  one  thousand  dollars  heretofore  appropriated  for  the  payment  of 
special  counsel  and  expenses  of  Street  Railroad  Company's  litigation,  to 
a  fund  to  be  used  in  defraying  the  expenses  of  the  litigation  between  the 
City  of  Indianapolis  and  the  Indianapolis  Gas  Company. 

Mr.  Higgins  moved  that  the  Council  do  now  adjourn. 
Which  motion  was  lost. 

On  motion  of  Mr.  Costello,  G.  0.  No.  18,  1898,  was  then  ordered 
engrossed,  read  a  third  time,  and  passed  by  the  following  vote: 

Ayes  18 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello, Crall,  Harston,  Higgins,  Knight,  Madden,  Merrick,  Moffett,  Rauch, 
Scanlon,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays  1 — viz.:    Mr.  Little. 


On  motion  of  Mr.  M  idden,  the  Common  Council,  at  9:40  o'clock 
p.  m.,  adjourned. 


President. 


r/yiyycAA^zi 


ity  Clerk. 


April  4, 1898.]  city  of  Indianapolis,  ind.  203 


REGULAR  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

April  4,  1898 


.} 


The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  April  4,  1898,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  17  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Colter,  Costello,  Crall,  Harston,  Higgins,  Little, 
Madden,  Merrick,  Moffett,  McGrew,  Rauch,  Shaffer,  Smith  and 
Von  Spreckelsen. 

Absent,  3 — viz.:     Messrs.  Clark,  Knight  and  Scanlon. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Bowser  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

COMMUNICATIONS,    ETC.,    FROM    MAYOR. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department, 

City  op  Indianapolis, 

March  23,  1898. 
To  pie  President  and  Members  of  the  Common  Council: 

•Gentlemen— I  have  this  clay  approved  the  following  ordinances: 
Jy     G.   O.   No.   69,   1897.    An  ordinance  prohibiting  the  selling*  of   fruit, 
V   candy,  vegetables,  etc.,  on  Washington  street,  Illinois  street,  Meridian 
street  and  Monument  Place,  and  fixing  the  time  when  the  same  shall 
/take  effect. 
//        G.  O.  No.  9,  1898.    An  ordinance  prohibiting  the  soliciting  of  custom 
V      or  trade  upon  the  streets,  sidewalks  and  other  public  places  of  the  City  of 
Indianapolis,  and  fixing  penalties  for  the  violation  thereof. 
t/  G.  O.  No.  16,  1898.    An  ordinance  ratifying  the  issue  and  sale  of  350 

park  bonds,  and  transferring  the  funds  derived  therefrom  to  the  Depart- 
ment of  Public  Works,  and  fixing  the  time  when  the  same  shall  take 
effect. 


204  journal  of  common  council.  [Regular  Meeting 

G.  O.  No.  18,  1898.  An  ordinance  authorizing  and  directing  the  trans- 
fer of  $1,000,  heretofore  appropriated  for  the  payment  of  special  counsel 
and  expenses  of  Street  Railroad  Company's  litigation,  to  a  fund  to  be 
used  in  defraying  the  expenses  of  the  litigation  between  the  City  of  In- 
dianapolis and  the  Indianapolis  Gas  Company. 

G.  O.  No.  19,  1898.  An  ordinance  providing  for  the  change  of  the 
name  of  Louisa  street  to  Nowland  avenue,  and  fixing  the  time  when  the 
same  shall  take  effect. 

App.  O.  No.  5,  1898.  An  ordinance  appropriating  the  sum  of  one  hun- 
dred four  dollars  and  seventeen  cents  ($104.17)  with  which  to  pay  a  cer- 
tain claim  made  by  virtue  of  Section  8  of  an  act  entitled  "An  act  to  better 
regulate  and  restrict  the  sale  of  intoxicating  and  malt  liquors,  etc." 
(Katie  Friedi'lcli,  widow  of  Max  Friiedrich),  and  fixing  the  time  when  the 
same  shall  take  effect. 

Respectfully  submitted, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


REPORTS,    ETC.,    FROM   STANDING    COMMITTEES. 

Mr.  McGrew,  on  behalf  of  the  Committee  on  Public  Property 
and  Improvements,  to  which  was  referred: 

G.  O.  No.  21,  1898.     An  ordinance  authorizing  the  sale  of  certain  real 
estate  belonging  to  the  City  of  Indianapolis. 

Made  the  following  report: 

Indianapolis,  Ind.,  April  4,  1898. 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Your  committee,  to  whom  was  referred  G.  O.  No.  21,  1898,  have  duly 
considered  same,  and  recommend  that  lit  do  pass. 

J.  W.  McGrew. 
Richard  Merrick. 
John  H.  Crall. 
Which  was  read  and  concurred  in. 

Mr.   Higgins,  on  behalf  of  the  Committee  on   Sewers,  Streets 
and  Alleys,  to  which  was  referred: 

G.  O.  No.  22,  1898.    An  ordinance  changing  the  name  of  a  portion  of 
Peru  avenue  and  fixing  the  time  when  the  same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  April  4, 1898. 
Mr.  President: 

We,  your  Committee  on  Sewers,  Streets  and  Alleys,  have  had  G.  O.  No. 
22,  1898,  under  consideration,  and  recommend  that  the  same  do  pass. 

John  M.  Higgins. 
E.  D.  Moffett. 
John  A.  Von  Spreckelsen. 
T.  A.  Bowser. 
Which  was  read  and  concurred  in. 


April  4,  1898.]  city  of  Indianapolis,  ind.  205 

Mr.  Higgins,  on  behalf  of  the  Committee  on  Sewers,  Streets 
and  Alleys,  to  which  was  referred : 

G.  O.  No.  20,  1898.  An  ordinance  establishing  the  grade  of  Morris 
street;  and  requiring  the  JefFersonville,  Madison  &  Indianapolis  Rail- 
road Company,  and  the  Pittsburg,  Cincinnati,  Chicago  &  St.  Louis  Rail- 
way Company,  each  to  make  its  tracks  to  conform  to  such  grade ;  provid- 
ing a  penalty  for  the  violation  thereof,  and  fixing  a  time  when  the  same 
shall  take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  April  4,  1898. 
Mr.  President: 

We,  your  Committee  on  Sewers,  Streets  and  Alleys,  have  had  G.  O.  No. 
20,  1898,  under  consideration,  and  recommend  that  the  same  be  amended 
by  striking  out  the  words  "Exhibit  A"  in  line  four  of  Section  1,  and 
inserting  in  lieu  thereof  the  words  "Exhibit  B;"  also  by  striking  out  the 
words  "Exhibit  A"  in  line  six  of  Section  1,  and  inserting  in  lieu  thereof 
the  words  "Exhibit  B,"  and  when  so  amended  we  recommend  that  the 
ordinance  do  pass. 

Very  respectfully, 

John  M.  Higgins. 
T.  A.  Bowser. 
E.  D.  Moffett. 
John  A.  Von  Spreckelsen. 
Which  was  read  and  concurred  in. 


introduction  of  general  and  special  ordinances. 

Under  this  order  of  business,  the  following  ordinances  were 
introduced: 


By  Mr.  Mahoney  (by  request): 


G.  O.  No.  24,  1898.  An  ordinance  annexing  certain  territory  to  the 
City  of  Indianapolis,  Indiana,  and  fixing  a  time  when  the  same  shall  take 
effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  boundary  lines  of  the  City  of  Indianapolis 
be  and  the  same  are  hereby  extended  so  as  to  include  the  following- 
described  contiguous  territory,  all  of  which  is  hereby  annexed  to  and 
made  a  part  of  the  territory  constituting  and  forming  the  City  of  Indian- 
apolis, In  Marlon  county  and  the  State  of  Indiana,  to-wit: 

Beginning  on  the  east  line  of  the  right-of-way  of  the  Indianapolis 
Union  Railway  &  Stock  Yards  Company  on  the  south  line  of  the  right- 
of-way  of  the  Cincinnati,  Hamilton  &  Indianapolis  Railway;  thence  ex- 
tending west  along  the  said  south  line  of  the  right-of-way  of  the  Cincin- 
nati, Hamilton  &  Indianapolis  Railway  to  the  present  east  corporation 
line  of  the  city,  said  line  being  the  center  line  of  Rural  street;  thence 
south  along  the  center  line  of  Rural  street  to  the  center  of  English  ave- 
nue; thence  west  along  the  center  -line  of  English  avenue  to  the  center  of 
Keystone  avenue  (formerly  Auburn  street);  thence  south  along  the  center 
line  of  Keystone  avenue  (formerly  Auburn  street)  to  the  south  line  of  the 
right-of-way  of  the  Indianapolis  Union  Railway  &  Stock  Yards  Com- 


206  journal,  of  common  council.  [Regular  Meeting 

pany;  thence  in  a  northeasterly  direction  following  the  south  and  east 
line  of  the  right-of-way  of  the  Indianapolis  Union  Railway  &  Stock 
Yards  Company  to  the  south  line  of  the  right-of-way  of  the  Cincinnati, 
Hamilton  &  Indianapolis  Railway  and  place  of  beginning. 

iSec.  2.  This  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  publication  for  two  (2)  consecutive  weeks  in  the  Indian- 
apolis Sentinel,  a  daily  newspaper  of  general  circulation,  printed  and  pub- 
lished in  the  City  of  Indianapolis,  Indiana. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 

By  Mr.  Moffett  (by  request) : 

G.  O.  No.  25,  1898.  An  ordinance  providing  for  the  separation  of 
garbage  into  separate  vessels. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, That  it  shall  be  the  duty  of  every  'owner,  tenant,  lessee  or 
occupant  of  any  and  every  house,  dwelling,  building  or  place  of  business 
in  the  City  of  Indianapolis  forthwith  to  provide  or  cause  to  be  provided, 
and  at  all  time  thereafter  to  keep  or  provide  a  separate,  portable,  water- 
tight and  covered  vessel,  not  to  exceed  sixteen  gallons  in  size,  for  garbage 
offal,  and  shall  provide  a  portable  separate  vessel  for  paper,  sweepings, 
cans  and  bottles.  And  it  shall  be  unlawful  to  put  ashes  or  anything  but 
refuse  animal  and  vegetable  matter  in  such  vessel  used  for  garbage  or 
offal;  and  any  person  or  persons  who  shall  place  in  said  vessel  any  dirt 
or  other  substance,  except  as  herein  provided,  shall  be  subject  to'  a  fine 
not  exceeding  five  dollars  ($5)  for  each  offense. 

Sec.  2.  All  ordinances  and  parts  of  ordinances  in  conflict  with  this 
ordinance  are  hereby  repealed. 

Sec.  3.  This  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  publication  for  one  day  each  week  for  two  (2)  consecutive 
weeks  in  the  Indianapolis  Sentinel,  a  daily  newspaper  of  general  circu- 
lation. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Public  Health. 


ORDINANCES    ON    SECOND    READING. 


On  motion  of  Mr.  Higgins,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time : 

G.  O.  No.  22,  1898.  An  ordinance  changing  the  name  of  a  portion  of 
Peru  avenue  and  fixing  the  time  when  the  same  shall  take  effect. 

And  was  passed  by  the  following  vote: 

Ayes  18 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Colter,  Costello, Crall, 
Harston,  Higgins,  Little,  Madden,  Merrick,  Moffett,  McGrew,  Rauch, 
Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays— None. 


April  4,  1898.] 


CITY    OF    INDIANAPOLIS,    IND. 


207 


On  motion  of  Mr.  Higgins,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time: 

G.  O.  No.  20,  1S98.  An  ordinance  establishing  the  grade  of  Morris 
street;  and  requiring  the  Jeffersonville,  Madison  &  Indianapolis  Railroad 
Company,  and  the  Pittsburg,  Cincinnati,  Chicago  &  St.  Louis  Railway 
Company,  each  to  make  its  tracks  to  conform  to  such  grade;  providing  a 
penalty  for  the  violation  thereof,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Mr.  Moffett  moved  that  the  amendment  to  G.  0  No.  20,  1898, 
as  recommended  by  the  Committee  on  Sewers,  Streets  and  Alleys, 
be  adopted. 

Which  motion  prevailed. 

On  motion  of  Mr.  Higgins,  G.  0.  No.  20,  1898,  was  then  ordered 
engrossed  as  amended,  read  a  third  time,  and  passed  by  the  fol- 
lowing vote: 

Ayes  18 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Colter,  Costello,  Crall, 
Harston,  Higgins,  Little,  Madden,  Merrick,  Moffett,  McGrew,  Rauch, 
Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 

On  motion  of  Mr.  McGrew,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  ei  grossed,  and  then 
read  a  third  time: 

G.  O.  No.  21,  1898.  An  ordinance  authorizing  the  sale  of  certain  real 
estate  belonging  to  the  City  of  Indianapolis. 

And  was  passed  by  the  following  vote: 

Ayes  18 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Colter,  Costello,  Crall, 
Harston,  Higgins,  Little,  Madden,  Merrick,  MoflVtt,  McGrew,  Rauch, 
Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 


On  motion  of  Mr.  Bernauer,  the  Common  Council,  at  8:25  o'clock 
p.  m.,  adjourned. 


President. 


/VisUrtfMl^r. 


City  Clerk. 


L 


April  18,  1898.]  city  of  Indianapolis,  ind.  209 


REGULAR  MEETING. 


Council  Chamber,  ) 

City  of  Indianapolis,  >• 

April  18,  1898.  ) 

The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  April  18,  1898,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  18  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins, 
Knight,  Little,  Madden,  Merrick,  Moffett,  McGrew,  Shaffer,  Smith 
and  Von  Spreckelsen. 

Absent,  2 — viz.:     Messrs.  Rauch  and  Scanlon. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Madden  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

COMMUNICATIONS,    ETC.,    FROM    MAYOR. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department, 

City  of  Indianapolis, 

April  8,  1898. 
Tj6  the  President  and  Members  of  the  Common  Council'. 

Gentlemen— I  have  this  day  approved  the  following  ordinances: 
G.  O.  No.  20,  1898.     An  ordinance  establishing  the  grade  of  Morris 
street,  and  requiring  the"  J..  M.  &  I.  R.  R.  Co.  and  the  P.,  C.  &  St.  L.  R'y 
Co.  each  to  make  its  tracks  to  conform  to  such  grade,  and  fixing  a  time 
when  the  same  shall  take  effect. 

G.  O.  No.  21,  1898.    An  ordinance  authorizing  the  sale  of  certain  real 
estate  belonging  to  the  City  of  Indianapolis. 

G.  O.  No.  22,  3898.     An  ordinance  changing  the  name  of  a  portion  of 
Pern  avenue,  and  fixing  the  time  when  the  same  shall  take  effect. 

Respectfully  submitted, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


t/; 


210  journal  of  common  council.  [Regular  Meeting 


REPORTS    FROM   OFFICIAL    BOARDS. 


Communication  from  Board  of  Public  Works: 

Department  of  Public  Works.    V     ) 

Office  of  the  Board,  V 

Indianapolis,  Ind.,  April  18,  1898.  J 

To  the  President  and  Members  of  the  Common  Council: 

Gentlemen— We  herewith  submit  to  you  for  your  consideration  the  fol- 
lowing ordinance: 

An  ordinance  establishing  the  grade  of  Southeastern  avenue,  and  re- 
quiring the  Pittsburg,  Cincinnati,  Chicago  &  St.  Louis  Railway  Company 
and  the  Cincinnati,  Hamilton  &  Indianapolis  Railway  Company  each  to 
make  its  tracks  to  conform  to  such  grade,  providing  a  penalty  for  the 
violation  thereof,  and  fixing  a  time  when  the  same  shall  take  effect. 

Very  respectfully, 

M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery, 

Board  of  Public  Works. 

Which  was  read  and  referred  to  Committee  on  Sewers,  Streets 
and  Alleys. 


reports,  etc.,  from  standing  committees. 

Mr.  Moffett,  on  behalf  of  the  Committee  on   Public  Health,  to 
which  was  referred : 

G.   O.   No.  25,   1898.    An   ordinance  providing  for   the  separation   of 
garbage  into  separate  vessels. 

Made  the  following  report : 

Indianapolis,  Ind.,  April  18, 1898. 
Mr.  President: 

Your  Committee  on  Public  Health  has  had  G.  O.  No.  25,  1898,  under 
consideration  and  respectfully  recommend  that  the  same  do  pass. 

E.  D.  Moffett. 
John  M.  Higgins. 
Geo.  W.  Shaffer. 
Which  was  read  and  concurred  in. 


Mr.  Clark,  on  behalf  of  the  Committee  on  Public  Safety  and 
Comfort,  to  which  was  referred : 

G.  O.  No.  23,  1S9S.  An  ordinance  authorizing  the  erection  of  a  portico 
or  vestibule  at  and  in  front  of  the  public  entrance  to  the  Bates  House 
Hotel,  on  Illinois  street,  in  the  City  of  Indianapolis,  upon  conditions 
therein  named. 


April  18,  1898.]  city  of  Indianapolis,  ind.  211 

Made  the  following  report: 

Indianapolis,  Isd.,  April  18,  1898. 
Mr.  President: 

Your  Committee  on  Public  Safety  and  Comfort  have  had  G.  O.  No. 
23,  1898,  under  consideration  and,  after  careful  investigation,  would  rec- 
ommend its  passage. 

Respectfully, 

Frank  S.  Clark. 
W.  F.  Smith. 

E.   D.    MOFFETT. 

Albet  E.  Rauch. 
T.  A.  Bowser. 
Which  was  read  and  concurred  in. 

introduction  of  general  and  special  ordinances. 

Under  this  order  of  business,  the  following  ordinance  was 
introduced: 

By  Board  of  Public  Works  (through  Mr.  Mahoney) : 

G.  O.  No.  26,  1898.  An  ordinance  establishing  the  grade  of  South- 
eastern avenue,  and  requiring  the  Pittsburg,  Cincinnati,  Chicago  &  St. 
Louis  Railway  Company  and  the  Cincinnati,  Hamilton  &  Indianapolis 
Railway  Company  each  to  make  its  tracks  to  conform  to  such  grade,  pro- 
viding a  penalty  for  the  violation  thereof,  and  fixing  the  time  when  the 
same  shall  take  effect. 

Section  1.  Re  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  'That  the  grade  of  Southeastern  avenue  be  and  the 
same  it  hereby  established  according  to  the  measurements  set  forth  in 
the  blue  print,  profile  and  specification,  marked  "Exhibit  A,"  attached 
hereto  and  made  a  part  of  this  ordinance,  the  profile  of  said  avenue  to 
be  made  as  shown  on  said  "Exhibit  A." 

Sec.  2.  The  Pittsburg,  Cincinnati,  Chicago  &  St.  Louis  Railway  Com- 
pany and  the  'Cincinnati,  Hamilton  &  Indianapolis  Railway  Company 
are  each  required  to  lower,  raise  or  adjust  any  railroad  track  or  tracks 
owned,  operated  or  controlled  by  them,  or  either  of  them,  running  along, 
across  or  upon  said  parts  of  said  Southeastern  avenue,  so  as  to  make  such 
track  or  tracks  conform  to  the  grade  of  said  Southeastern  avenue,  as 
established  by  this  ordinance,  within  sixty  (60)  days  after  being  notified 
so  to  do  by  the  Board  of  Public  Works  of  the  City  of  Indianapolis, 
Indiana. 

Sec.  3.  Either  of  said  railroad  companies  mentioned  in'  Sections  1 
land  2  of  this  ordinance  failing  or  refusing  to  cause  its  track  or  tracks 
to  conform  to  the  grade  established  by  this  ordinance  within  sixty  (60) 
days  after  being  notified  so  to  do,  as  provided  by  'Sections  1  and  2  of  this 
ordinance,  shall,  upon  conviction  of  failure  to  comply  with  the  terms  of 
this  ordinance,  be  fined  in  any  sum  not  less  than  one  hundred  i.$100)  dol- 
lars nor  more  than  five  hundred  ($500)  dollars,  and  each  day's  continu- 
ance in  such  failure  or  refusal  to' cause  any  track  or  tracks  owned, 
operated  or  controlled  by  either  of  them  so  to  conform  to  said  grade  as 
established  in  Section  1  of  this  ordinance,  shall  constitute  a  separate 
offense. 


212  journal  of  common  council.  [Regular  Meeting. 

Sec.  4.  This  ordinance  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  publication  once  each  week  for  two  consecutive  weeks 
in  the  Indianapolis  Sentinel,  a  daily  newspaper  of  general  circulation 
printed  and  published  in  the  City  of  Indianapolis,  Indiana. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 

ORDINANCES    ON    SECOND    READING. 

On  motion  of    Mr.    Clark,    the   following   entitled    ordinance 

was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 

read  a  third  time: 

G.  O.  No.  23,  1898.  An  ordinance  authorizing  the  erection  of  a  portico 
lor  vestibule  at  and  in  front  of  the  public  entrance  to  the  Bates  House 
Hotel,  on  Illinois  street,  in  the  City  of  Indianapolis,  upon  conditions 
therein  named. 

And  was  passed  by  the  following  vote: 

Ayes  19 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello,  Crall,  Harston,  Higgins,  Knight,  Little.  Madden,  Merrick,  MofFett, 
McGrew,  Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 

On  motion  of  Mr.  MofFett,  the  following  entitled  ordinance 
was  taken  up,  read  a  second  time,  ordered  engrossed,  and  then 
read  a  third  time: 

G.  O.  No.  25,  1898.  An  ordinance  providing  for  the  separation  of 
garbage  into  separate  vessels. 

And  was  passed  by  the  following  vote: 

Ayes  18 — viz.:  Messrs.  Allen  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello,  Crall,  Harston,  Higgins,  Knight,  Little,  Merrick,  Moffett,  McGrew, 
Shaffer,  Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays  1— viz.:    Mr.  Madden. 

On  motion  of  Mr.  Madden,  the  Common  Council,  at  8:20  o'clock 
p.  m.,  adjourned. 


President. 


QJUt^cJfrwi^y^^-  City  Clerk. 


April  22,  1898.]  city  op  Indianapolis,  ind.  213 


SPECIAL  MEETING. 


Council  Chamber, 

City  of  Indianapolis, 

April  22,  1898. 

The  Common  Council  of  the  City  of  Indianapolis  met  in  the 
Council  Chamber,  Friday  evening,  April  22,  1898,  at  8  o'clock, 
in  special  session,  pursuant  to  the  following  call: 

Indianapolis,  Ind.,  April  20, 1898. 

Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir— We,  the  undersigned  members  of  the  Common  Council,  re- 
quest you  to  call  a  special  meeting  of  the  Common  Council  for  Friday, 
April  22,  1898,  at  8  o'clock  p.  m.,  for  the  purpose  of  transacting  such 
business  as  may  come  before  the  Council  at  that  time. 

Very  respectfully, 

John  M.  Higgins. 

Geo.  R.  Colter. 

John  H.  Crall. 

W.  W.  Knight. 

Albert  E.  Rauch. 

Charles  H.  Stuckmeyer,  Esq.,  City  Clerk: 
Dear  iSir— Please  issue  the  following  call: 

To  the  Members  of  the  Common  Council: 

Gentlemen — You  are  hereby  requested  to  meet  in  special  meeting  in 
the  Council  Chamber  at  8  o'clock  p.  m.,  on  Friday,  April  22,  1898,  to 
transact  such  business  as  may  come  before  said  meeting. 

Jno.  H.  Mahoney, 

President. 

I,  Charles  H.  Stuckmeyer,  Clerk  of  the  Common  Council,  do  hereby 
certify  that  the  above  call  was  duly  served  upon  each  member  of  the 
Common  Council  prior  to  the  time  of  meeting,  pursuant  to  the  rules. 

Charles  H.  Stuckmeyer, 
City  Clerk. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  19  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins, 
Knight,  Little,  Merrick,  MofYett,  McGrew,  Rauch,  Scanlon, 
Shaffer,  Smith  and  Von  Spreckelsen. 

Absent,  1 — viz.:     Mr.  Madden, 


214  journal  of  common  council.  [Special  Meeting 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Bowser  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

REPORTS    FROM    OFFICIAL    BOARDS. 

Communication  from  Board  of  Public  Works: 

Department  of  Public  Works,  ] 

Office  of  the  Board, 
Indianapolis,  Ind.,  April  18,  1898.  J 

To  the  President  mid  Members  of  the  Common  Council: 

Gentlemen— We  send  you  herewith  for  your  consideration  and  action 
the  following  ordinances: 

An  ordinance  authorizing  the  improvement  of  Tenth  street,  from 
Pennsylvania  street  to  Delaware  street. 

An  ordinance  authorizing  the  improvement  of  St.  Joseph  street,  from 
Illinois  street  to  Pennsylvania  street. 

An  ordinance  authorizing  the  improvement  of  St.  Joseph  street,  from 
Delaware  street  to  Fort  Wayne  avenue. 

An  ordinance  authorizing  the  improvement  of  Fourteenth  street,  from 
Pennsylvania  street  to  Delaware  street. 

An  ordinance  authorizing  the  improvement  of  Fourteenth  street,  from 
Illinois  street  to  Senate  avenue. 

An  ordinance  authorizing  the  improvement  of  Fourteenth  street,  from 
Meridian  street  to  Pennsylvania  street. 

An  ordinance  authorizing  the  improvement  of  Eleventh  street,  from 
Delaware  street  to  Alabama  street. 

An  ordinance  authorizing  the  improvement  of  the  first  alley  east  of 
Meridian  street,  from  St.  Joseph  street  to  Eleventh  street. 

An  ordinance  authorizing  the  improvement  of  New  Jersey  street,  from 
Washington  street  to  Virginia  avenue. 

Very  respectfully, 

M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery, 
Board  of  Public  Works. 

Which  was  read  and  referred  to  Committee  on  Sewers,  Streets 
and  Alleys. 

introduction  of  general  and  special  ordinances. 

Under  this  order  of  business  the  following  ordinances  were 
introduced: 

By  Board  of  Public  Works: 

G.  O.  No.  27,  1898.  An  ordinance  authorizing  the  improvement  of  the 
roadway  of  Tenth  street,  in  the  City  of  Indianapolis,  an  Marion  County, 
State  of  Indiana,  from  the  east  property  line  of  Pennsylvania  street  to 


April  22,  1898.]  city  of  Indianapolis,  ind.  215 

the  west  property  line  of  Delaware  street,  by  grading  and  paving  the 
roadway  with  creosoted  wooden  blocks  from  marginal  stone  to  mar- 
ginal stone,  to  a  uniform  width  of  seventeen  and  thirty-three  hundredths 
(17.33)  feet,  laid  on  a  four-inch  hydraulic  cement  gravel  concrete  founda- 
tion, including  the  alley  intersection,  and  placing  the  necessary  mar- 
ginal stone  finish  along  the  sides  of  the  same,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Whereas,  Heretofore,  to-wit,  on  the  9th  day  of  February,  1898,  the 
Board  of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  deeming  it 
necessary  to  Improve  Tenth  street,  in  the  City  of  Indianapolis,  in  Marion 
County,  State  of  Indiana,  from  the  east  property  line  of  Pennsylvania 
street  to  the  west  property  line  of  Delaware  street,  by  grading  and  pav- 
ing the  roadway  with  creosoted  wooden  blocks,  from  marginal  stone  to 
marginal  stone,  to  a  uniform  width  of  seventeen  and  thirty-three  hun- 
dredths (17.33)  feet,  laid  on  a  four  (4)  inch  hydraulic  cement  gravel  con- 
crete foundation,  Including  the  alley  intersection,  and  placing  the  neces- 
sary marginal  stone  finish  along  the  sides  of  the  same,  between  the 
above-named  points,  adopted  a  resolution  to  that  effect,  known  and  des- 
ignated as  Improvement  Resolution  No.  33,  1898;  and 

Whereas,  Said  Board  caused  the  necessary  specifications,  profiles  and 
drawings  for  said  street  improvement  to  be  prepared  and  filed  in  their 
office,  where  they  now  are;  and 

Whereas,  Said  Board  caused  notice  to  be  duly  given  of  said  resolution 
'ordering  said  described  improvement,  by  publication  thereof  in  the  In- 
dianapolis Sentinel,  a  daily  newspaper  of  general  circulation,  printed 
and  published  in  the  City  of  Indianapolis,  in  Marion  County,  State  of  In- 
diana, once  each  week  for  two  consecutive  weeks,  namely,  on  the  12th 
and  19th  days  of  February,  1898;  and 

Whereas,  Said  Board  is  of  the  opinion  that  said  described  public  im- 
provement is  necessary,  and  the  total  cost  thereof  shall  be  apportioned 
all  as  provided  for  in  "An  act  concerning  the  incorporation  and  govern- 
ment of  cities  having  more  than  one  hundred  thousand  population  ac- 
cording to  the  United  States  census  last  preceding,  and  matters  con- 
nected therewith,  and  declaring  an  emergency,"  approved  March  G,  1891, 
and  in  accordance  with  and  pursuant  to  the  provisions  of  all  amendatory 
and  supplemental  acts  thereto  passed  by  the  General  Assembly  of  the 
State  of  Indiana;  and 

Whereas,  Said  Board  met  according  to  said  published  notice,  to-wit,  in 
its  office,  Room  No.  5,*  basement  Marion  County  Court  House,  Indianap- 
olis, Indiana,  at  10  o'clock  a.  m.  on  the  28th  day  of  February,  1898,  to  re- 
ceive or  hear  remonstrances  from  persons  interested  in  or  affected  there- 
by, if  any  there  should  be,  against  said  described  public  improvement; 
and 

Whereas,  At  such  meeting  no  remonstrance  was  filed  with  said  Board 
from  persons  interested  in  or  affected  thereby  against  said  improvement, 
and  the  Board  did,  on  said  28th  day  of  February,  1898,  take  final  action 
on  said  Improvement  Resolution  No.  33,  1898,  confirming  the  same  with- 
out modification,  as  adopted  on  February  9,  1898;  and 

Whereas,  Later,  to-wit,  on  the  8th  day  of  March,  1898,  and  within  ten 
days  after  final  action  was  taken  by  said  Board  on  said  improvement 
resolution,  one-half  of  all  the  resident  freeholders  abutting  on  said  de- 
scribed improvement  filed  with  said  Board  their  written  remonstrance 
against  such  improvement,  which  said  remonstrance  has  been  made  a 
part  of  the  records  in  the  office  of  said  Board;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  roadway  of  Tenth  street,  in  the  City  of 
Indianapolis,  Indiana,  between  the  east  property  line  of  Pennsylvania 
street  and  the  west  property  line  of  Delaware  street,  as  more  fully  de- 


216  ,         journal  of  common  council.  [Special  Meeting 

scribed  in  the  preamble  hereto  and  shown  on  the  profile  and  drawings 
now  on  file  in  the  office  of  the  Board  of  Public  Works,  as  referred  to 
therein,  be  and  the  same  is  hereby  specifically  ordered,  and  Improvement 
Resolution  No.  33,  1898,  of  said  Board,  and  all  its  other  acts  in  relation 
thereto,  be  and  the  same  are  hereby,  in  all  things,  approved,  confirmed, 
adopted  and  specifically  ordered. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 

By  Board  of  Public  Works: 

G.  O.  No.  28,  1898.  An  ordinance  authorizing  the  improvement  of  St. 
Joseph  street,  in  the  City  of  Indianapolis,  in  Marion  County,  State  of  In- 
diana, from  the  east  property  line  of  Illinois  street  to  the  west  property 
line  of  Pennsylvania  street,  by  grading  and  paving  the  roadway  with 
asphalt,  from  curb  to  curb,  to  a  uniform  width  of  twenty-four  (24)  feet, 
laid  on  a  four  (4)  inch  hydraulic  cement  gravel  concrete  foundation,  In- 
cluding the  wings  of  the  intersecting  streets  or  alleys  and  the  necessary 
marginal  stone  finish  to  the  same,  and  curbing  with  stone  the  outer  edges 
of  the  sidewalks,  and  fixing  a  time  when  the  same  shall  take  effect. 

Whereas,  Heretofore,  to-wit,  on  the  9th  day  of  February,  1898,  the 
Board  of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  deeming  it 
necessary  to  improve  ..St.  Joseph  street,  in  the  City  of  Indianapolis,  in 
Marion  County,  State  of  Indiana,  from  the  east  property  line  of  Illinois 
street  to  the  west  property  line  of  Pennsylvania  street,  by  grading  and 
paving  the  roadway  with  asphalt,  from  curb  to  curb,  to  a  uniform  width 
of  twenty- four  (24)  feet,  laid  on  a  four  (4)  inch  hydraulic  cement  gravel 
concrete  foundation,  including  the  wings  of  the  intersecting  streets  or 
alleys  and  the  necessary  marginal  stone  finish  to  the  same,  and  curbing 
with  stone  the  outer  edges  of  the  sidewalks,  between  the  above-named 
points,  adopted  a  resolution  to  that  effect,  known  and  designated  as  Im- 
provement Resolution  No.  29,  1898;  and 

Whereas,  The  said  Board  caused  the  necessary  specifications,  profiles 
and  drawings  for  said  street  improvement  to  be  prepared  and  filed  in 
their  office,  where  they  now  are;  and 

Whereas,  Said  Board  caused  notice  to  be  duly  given  of  said  resolution 
ordering  the  said  described  improvement,  by  publication  thereof  in  the 
Indianapolis  Sentinel,  a  daily  newspaper  of  general  circulation  printed 
and  published  in  the  City  of  Indianapolis,  County  of  Marion,  State  of  In- 
diana, once  each  week  for  two  consecutive  weeks,  namely,  on  the  12th 
and  19th  days  of  February,  1898;  and 

Whereas,  In  the  opinion  of  said  Board  said  described  public  improve- 
ment is  deemed  necessary,  and  the  total  cost  thereof  shall  be  apportioned 
all  as  provided  for  in  "An  act  concerning  the  incorporation  and  govern- 
'ment  of  cities  having  more  than  one  hundred  thousand  population  ac- 
cording to  the  United  States  census  last  preceding,  and  matters  connected 
therewith,  and  declaring  an  emergency,"  approved  March  G,  1891.  and 
all  amendatory  and  supplemental  acts  thereto  passed  by  the  General  As- 
sembly of  the  State  of  Indiana;  and 

Whereas,  Said  Board  met,  according  to  said  published  notice,  to-wit, 
in  its  office  Room  No.  5,  basement  Marion  County  Court  House,  Indian- 
apolis, Indiana,  at  10  o'clock  a.  m.  on  the  28th  day  of  February,  1898,  to 
receive  or  hear  remonstrances  from  persons  interested  therein  or  affected 
thereby,  if  any  there  should  be,  against  said  described  public  improve- 
ment; and 


April  22,  1898.]  city  of  Indianapolis,  ind.  217 

Whereas,  At  such  meeting  no  remonstrance  was  filed  with  such  Board 
by  persons  interested  in  or  affected  thereby  against  said  improvement ; 
and 

Whereas,  Later,  to-wit,  on  the  4th  day  of  March,  1898,  a  remonstrance 
was  filed  by  persons  interested  in  or  affected  thereby  against  said  im- 
provement; and, 

Whereas,  On  said  4th  day  of  March,  1808,  after  duly  considering  said 
remonstrance  and  being  fully  advised  in  the  premises,  the  Board  over- 
ruled said  remonstrance  and  thereupon  took  final  action  on  said  Im- 
provement Resolution  No.  29,  1898,  confirming  the  same  without  modi- 
fication as  adopted  on  February  9,  1898;  and 

Whereas,  Later,  to-wit,  on  the  Tth  day  of  March,  1898,  and  within  ten 
days  after  final  action  was  taken  by  said  Board  on  said  improvement 
(resolution,  one-half  of  all  the  resident  freeholders  abutting  on  said  de- 
scribed public  Improvement  filed  with  said  Board  their  written  remon- 
strance against  such  improvement,  which  remonstrance  has  been  made  a 
part  of  the  records  in  the  office  of  the  Board  of  Public  Works;  now, 
therefore, 

.  Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  improvement  of  the  roadway  of  St.  Joseph 
street,  between  the  east  property  line  of  Illinois  street  and  the  west  prop- 
erty line  of  Pennsylvania  street,  as  more  fully  described  in  the  preamble 
hereto  and  specifically  shown  by  the  profile  and  drawings  now  on  file  in 
the  office  of  the  Board  of  Public  Works  as  referred  to  therein,  be  and  the 
same  is  hereby  specifically  ordered,  and  Improvement  Resolution  No.  29, 
1898,  of  said  Board,  and  all  its  other  acts  in  relation  thereto,  be  and  the 
same  are  now  hereby,  in  all  things,  approved,  confirmed,  adopted  and 
specifically  ordered. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 

By  Board  of  Public  Works: 

G.  O.  No.  29,  1898.  An  ordinance  authorizing  the  Improvement  of  St. 
Joseph  street,  in  the  City  of  Indianapolis,  in  Marion  County.  State  of  In- 
diana, from  the  east  property  line  of  Delaware  street  to  the  northwest 
property  line  of  Fort  "Wayne  avenue,  except  the  crossing  of  Alabama 
street,  by  grading  and  paving  the,  roadway  with  asphalt,  from  curb  to 
curb,  to  a  uniform  width  of  twenty-four  (24)  feet,  laid  on  a  four  (4)  inch 
hydraulic  cement  gravel  concrete  foundation,  including  the  wings  of  the 
intersecting  alleys,  together  with  the  necessary  marginal  stone  finish  to 
the  same,  and  curbing  with  stone  the  outer  edges  of  the  sidewalks,  be- 
tween the  above-named  points,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Whereas,  Heretofore,  to-wit,  on  the  9th  day  of  February,  1898,  the 
Board  of  rubric  Works  of  the  City  of  Indianapolis,  Indiana,  deeming  it 
.necessary  to  improve  St.  Joseph  street,  in  the  City  of  Indianapolis,  in 
Marion  County,  State  of  Indiana,  from  the  east  property  line  of  Delaware 
street  to  the  northwest  property  line  of  Fort  Wayne  avenue,  except  the 
crossing  of  Alabama  street,  by  grading  and  paving  the  roadway  with 
asphalt,  from  curb  to  curb,  to  a  uniform  width  of  twenty-four  (24)  feet, 
laid  on  a  four  (4)  inch  hydraulic  cement  gravel  concrete  foundation,  in- 
cluding the  wings  of  the  intersecting  alleys,  together  with  the  necessary 


218  journal  of  common  council.  [Special  Meeting 

marginal  stone  finish  to  the  same,  and  curbing  with  stone  the  outer 
edges  of  the  sidewalks  between  the  above-named  points,  adopted  a  reso- 
lution to  that  effect,  known  and  designated  as  Improvement  Resolution 
No.  30,  1898;  and 

Whereas,  Said  Board  caused  the  necessary  specifications,  profiles  and 
drawings  for  said  street  improvement  to  be  prepared  and  filed  in  their 
office,  where  they  now  are;  and 

Whereas,  Said  Board  caused  notice  to  be  duly  given  of  said  resolution 
ordering  said  described  improvement,  by  publication  thereof  in  the  In- 
dianapolis Sentinel,  a  daily  newspaper  of  general  circulation,  printed  and 
published  in  the  City  of  Indianapolis,  in  Marion  County,  State  of  In- 
diana, once  each  week  for  two  consecutive  weeks,  namely,  on  the  12th 
and  19th  days  of  February.  1898;  and 

Whereas.  Said  Board  is  of  the  opinion  that  said  described  public  im- 
provement is  necessary,  and  the  total  cost  thereof  shall  be  apportioned  all 
as  provided  for  in  "An  act  concerning  the  incorporation  and  government 
of  cities  having  more  than  one  hundred  thousand  population  according  to 
the  United  States  census  last  preceding,  and  matters  connected  there- 
with, and  declaring  an  emergency,"  approved  March  6,  1891,  and  in  ac- 
cordance with  and  pursuant  to  all  amendatory  and  isupplemental  acts 
thereto  passed  by  the  General  Assembly  of  the  State  of  Indiana;  and 

Whereas,  Said  Board  met  according  to  said  published  notice,  to-wit,  in 
its  office,  Room  No.  5,  basement  Marion  County  Court  House,  Indianap- 
olis, Indiana,  at  10  o'clock  a.  m.  on  the  28th  day  of  February,  1898,  to  re- 
ceive or  hear  remonstrances  from  persons  interested  in  or  affected  there- 
by, if  any  there  should  be,  against  said  described  public  improvement; 
and 

Whereas,  At  such  meeting  a  remonstrance  was  duly  filed  with  such 
Board  by  persons  interested  therein  or  affected  thereby  against  said  im- 
provement; and 

Whereas,  Said  Board,  after  duly  considering  said  remonstrance,  and 
being  fully  advised  in  the  premises,  did,  on  the  4th  day  of  March,  1898. 
overrule  the  same,  and  thereupon  take  final  action  on  said  Improvement 
Resolution  No.  30.  1898,  confirming  the  same  without  modification  as 
adopted  on  February  9,  1898;  and 

Whereas.  Later,  to-wit,  on  the  14th  day  of  March,  1898,  and  within  ten 
days  after  final  action  was  taken  by  said  Board  on  said  improvement 
resolution,  one-half  of  all  the  resident  freeholders  abutting  on  said  de- 
scribed improvement  filed  with  said  Board  their  written,  remonstrance 
against  such  improvement,  which  remonstrance  has  been  made  a  part  of 
the  records  of  the  office  of  said  Board;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  improvement  of  the  roadway  of  St.  Joseph 
street,  between  the  east  property  line  of  Delaware  street  and  the  north- 
west property  line  of  Fort  Wayne  avenue,  as  more  specifically  described 
in  the  preamble  hereto  and  specifically  shown  on  the  profile  and  draw- 
ings now  on  file  in  the  office  of  the  Board  of  Public  Works  as  referred  to 
therein,  be  and  the  same  is  hereby  specifically  ordered,  and  Improvement 
Resolution  No.  30,  1898,  of  said  Board,  and  all  its  other  acts  in  relation 
thereto,  are  now  hereby,  in  all  things,  approved,  confirmed,  adopted  and 
specifically  ordered. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 


April  22,  1898.]  city  of  indianapolis,  ind.  219 

By  Board  of  Public  Works: 

G.  O.  No.  30,  1898.  An  ordinance  authorizing  the  improvement  of  the 
roadway  of  Fourteenth  street,  in  the  City  of  Indianapolis,  in  Marion 
County.*  State  of  Indiana,  from  the  east  property  line  of  Pennsylvania 
street  to  the  west  property  line  of  Delaware  street,  by  grading  and  pav- 
ing the  roadway  with  asphalt,  from  curl)  to  curb,  to  a  uniform  width  of 
twenty-four  (24)  feet,  laid  on  a  four  (4)  inch  hydraulic  cement  gravel  con- 
crete foundation,  including  the  wings  of  the  intersecting  street  or  alley, 
and  curbing  with  stone  the  outer  edges  of  the  sidewalks  between  the 
above-named  points,  and  fixing  a  time  when  the  same  shall  take  effect. 

Whereas,  Heretofore,  to-wit,  on  the  9th  day  of  February,  1898,  the 
Board  of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  deeming  it 
necessary  to  improve  Fourteenth  street,  in  the  City  of  Indianapolis,  in 
Marion  County,  State  of  Indiana,  from  the  east  property  line  of  Penn- 
sylvania street  to  the  west  property  line  of  Delaware  street,  by  grading 
and  paving  the  roadway  with  asphalt,  from  curb  to  curb,  to  a  uniform 
width  of  twenty-four  (24)  feet,  laid  on  a  four  (4)  inch  hydraulic  cement 
gravel  concrete  foundation,  including  the  wings  of  the  intersecting  street 
or  alley,  and  curbing  with  stone  the  outer  edges  of  the  sidewalks  be- 
tween the  above-named  points,  adopted  a  resolution  to  that  effect,  known 
and  designated  as  Improvement  Resolution  No.  44,  1898;  and 

Whereas,  'The  said  Board  caused  the  necessary  specifications,  profiles 
and  drawings  for  said  street  improvement  to  be  prepared  and  filled  in 
their  office,  where  they  now  are;  and 

Whereas,  The  said  Board  caused  notice  to  be  duly  given  of  said  reso- 
lution ordering  the  said  described  improvement,  by  publication  thereof 
in  the  Indianapolis  Sentinel,  a  daily  newspaper  of  general  circulation 
printed  and  published  in  the  City  of  Indianapolis,  County  of  Marion, 
State  of  Indiana,  once  each  week  for  two  consecutive  weeks,  namely,  on 
the  12th  and  19th  days  of  February,  189S:  and 

Whereas,  In  the  opinion  of  said  Board  said  described  public  improve- 
ment is  deemed  necessary,  and  the  total  cost  thereof  shall  be  apportioned 
all  as  provided  for  in  an  act  of  the  General  Assembly  of  the  State  of  In- 
diana entitled  "An  act  concerning  the  incorporation  and  government  of 
cities  having  more  than  one  hundred  thousand  population  according  to 
the  United  States  census  last  preceding,  and  matters  connected  there- 
with, and  declaring  an  emergency,"  approved  March  (>,  1891,  and  all 
amendatory  and  supplemental  acts  thereto  passed  by  the  General  Assem- 
bly of  the  State  of  Indiana;  and 

Whereas,  Said  Board  met  according  to  said  published  notice,  to-wit,  in 
its  office.  Room  No.  5,  basement  Marion  County  Court  House,  Indianap- 
olis, Indiana,  at  10  o'clock  a.  m.  on  the  28th  day  of  February,  1898,  to  re- 
ceive or  hear  remonstrances  from  persons  interested  therein  or  affected 
thereby,  if  any  there  should  be,  against  said  described  improvement;  and 

Whereas,  At  said  meeting  no  remonstrance  was  filed  or  presented  to 
said  Board  by  persons  interested  in  or  affected  thereby  against  said  im- 
provement; and 

Whereas,  Said  Board,  on  the  28th  day  of  February,  1898.  deferred 
taking  final  action  on  said  Improvement  Resolution  No.  44,  1898;  and 

Whereas,  Later,  to-wit,  on  the  4th  day  of  March,  1898,  said  Board, 
being,  fully  advised  in  the  premises,  took  final  action  on  said  Improve- 
ment Resolution  No.  44,  1898,  confirming  the  same  without  modification, 
as  adopted  on  February  9,  1898;  and 

Whereas.  Later,  to-wit,  on  the  7th  day  of  March,  1898,  and  within  ten 
days  after  final  action  was  taken  by  said  Board  on  said  improvement 
resolution,  one-half  of  the  resident  freeholders  abutting  on  said  described 


220  journal  or  common  council.  [Special  Meeting 

improvement  filed  with  said  Board  their  written  remonstrance  against 
such  improvement,  which  remonstrance  has  been  made  a  part  of  the  rec- 
ords in  the  office  of  said  Board;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  improvement  of  the  roadway  of  Fourteenth 
istreet,  from  the  east  property  line  of  Pennsylvania  street  to  the  west 
property  line  of  Delaware  street,  as  more  fully  described  in  the  preamble 
hereto  and  specifically  shown  by  the  profiles  and  drawings  on  file  in  the 
office  of  the  Board  of  Public  Works,  as  referred  to  therein,  be  and  the 
same  is  hereby  specifically  ordered,  and  Improvement  Resolution  No.  44, 
3898,  of  said  Board,  and  all  its  other  acts  in  relation  thereto,  be  and  the 
same  are  hereby,  in  all  things,  approved,  confirmed,  adopted  and  specific- 
ally ordered. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alle}^s. 

By  Board  of  Public  Works: 

G.  O.  No.  31,  1898.  An  ordinance  authorizing  the  improvement  of  the 
roadway  of  Fourteenth  street,  in  the  City  of  Indianapolis,  in  Marion 
County,  in  the  -State  of  Indiana,  from  the  west  property  line  of  Illinois 
istreet  to  the  east  property  line  of  Senate  avenue,  except  the  crossing  of 
Capitol  avenue,  by  grading  and  paving  the  roadway  with  asphalt  from 
curb  to  curb,  to  a  uniform  width  of  twenty-seven  (27)  feet,  laid  on  a  four 
(4)  inch  hydraulic  cement  gravel  concrete  foundation,  including  the  wings 
of  the  intersecting  alleys,  together  with  the  necessary  marginal  stone 
finish  to  the  same,  and  curbing  with  stone  the  outer  edges  of  the  side- 
walks, between  the  above-named  points,  and  fixing  a  time  when  the  same 
shall  take  effect. 

Whereas,  Heretofore,  to-wit,  on  the  9th  day  of  February,  1898,  the 
Board  of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  deeming  it 
necessary  to  improve  the  roadway  of  Fourteenth  street,  from  the  west 
property  line  of  Illinois  street  to  the  east  property  line  of  Senate  avenue, 
except  the  crossing  of  Capitol  avenue,  by  grading  and  paving  the  road- 
way with  asphalt,  from  curb  to  curb,  to  a  uniform  width  of  twenty-seven 
(27^  feet,  laid  on  a  four  (4)  inch  hydraulic  cement  gravel  concrete  founda- 
tion, including  the  wings  of  the  intersecting  alleys,  together  with  the 
^necessary  marginal  stone  finish  to  the  same,  and  curbing  with  stone  the 
outer  edges  of  the  sidewalks,  between  the  above-named  points,  adopted  a 
resolution  to  that  effect,  known  and  designated  as  Improvement  Resolu- 
tion No.  42,  1898;  and 

Whereas,  Said  Board  caused  the  necessary  specifications,  profile  and 
drawings  for  said  street  improvement  to  be  prepared  and  filed  in  their 
office,  where  they  now  are;  and 

Whereas,  Said  Board  caused  notice  to  be  duly  given  of  said  resolution 
ordering  said  described  public  improvement,  by  publication  thereof  in 
the  Indianapolis  Sentinel,  a  daily  newspaper  of  general  circulation, 
printed  and  published  in  the  City  of  Indianapolis,  in  Marion  County, 
State  of  Indiana,  once  each  Aveek  for  two  consecutive  weeks,  namely,  on 
the  12th  and  19th  days  of  February,  1898;  and 

Whereas,  In  the  opinion  of  said  Board  said  described  improvement  is 
deemed  necessary,  and  the  total  cost  thereof  shall  be  apportioned  all  as 
provided  for  in  an  act  of  the  General  Assembly  of  the  State  of  Indiana 
entitled  "An  act  concerning  the  in  corporation  and  government  of  cities 


April  22,  1898.]  city  of  Indianapolis,  ind.  221 

having  more  than  one  hundred  thousand  population  according  to  the 
United  States  census  last  preceding",  and  matters  connected  therewith, 
and  declaring  an  emergency,"  appproved  March  6,  1891,  and  in  accord- 
ance with  and  pursuant  to  all  amendatory  acts  thereto  passed  by  the 
General  Assembly  of  the  State  of  Indiana;  and 

Whereas,  Said  Board  met  according  to  said  published  notice,  to-wit,  in 
its  office,  Room  No.  5,  basement  Marlon  County  Court  House,  Indian- 
apolis, Indiana,  at  10  o'clock  a.  m.  on  the  28th  day  of  February,  1898,  to 
receive  or  hear  remonstrances  from  persons  interested  therein  or  affected 
thereby,  if  any  there  should  be,  against  said  described  public  improve- 
ment; and 

Whereas,  At  such  meeting  a  remonstrance  was  duly  filed  with  such 
Board  by  persons  interested  therein  or  affected  thereby  against  said  im- 
provement; and 

Whereas,  iSaid  Board,  after  duly  considering  said  remonstrance,  and 
being  fully  advised  in  the  premises,  did,  on  the  4th  day  of  March,  1898, 
overrule  the  same,  and  thereupon  took  final  action  on  said  Improvement 
Resolution  No.  42,  1898,  confirming  the  same  without  modification  as 
adopted  on  February  9,  1898;  and 

Whereas,  Later,  to-wit,  on  the  7th  day  of  March,  1898,  and  within  ten 
days  after  final  action  was  taken  by  said  Board  on  said  improvement 
resolution,  one-half  of  all  the  resident  freeholders  abutting  on  said  de- 
scribed improvement  filed  with  said  Board  their  written  remonstrance 
against  such  improvement,  which  remonstrance  has  been  made  a  part  of 
the  records  of  the  office  of  said  Board;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  improvement  of  the  roadway  of  Fourteenth 
street,  between  the  west  property  line  of  Illinois  street  and  the  east 
property  line  of  Senate  avenue,  as  more  specifically  described  in  the 
preamble  hereto  and  specifically  shown  by  the  profile  and  drawings  now 
on  file  in  the  office  of  the  Board  of  Public  Works  as  referred  to  therein, 
be  and  the  same  is  hereby  specifically  ordered,  and  Improvement  Resolu- 
tion No.  42,  1898,  of  said  Board,  and  all  its  other  acts  in  relation  thereto, 
be  and  the  same  are  now  hereby,  in  all  things,  approved,  confirmed, 
adopted  and  specifically  ordered. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 

By  Board  of  Public  Works: 

G.  O.  No.  32,  1898.  An  ordinance  authorizing  the  Improvement  of  the 
roadAvay  of  Fourteenth  street,  in  the  City  of  Indianapolis,  Indiana,  from 
the  east  property  line  of  Meridian  street  to  the  west  property  line  of 
Pennsylvania  street,  by  grading  and  paving  the  roadway  with  asphalt. 
from  curb  to  curb,  to  a  uniform  width  of  twenty-four  (24)  feet,  laid  on  a 
four  (4)  inch  hydraulic  cement  gravel  concrete  foundation,  including  the 
wings  of  the  intersecting  alleys,  together  with  the  necessary  marginal 
stone  finish  to  the  same,  and  curbing  with  stone  the  outer  edges  of  the 
sidewalks  between  the  above-named  points,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Whereas,  Heretofore,  to-wit,  on  the  9th  day  of  February.  1898,  the 
Board  of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  deeming  it 
necessary,  to  improve  the  roadway  of  Fourteenth  street,  in  the  City  of 
Indianapolis,  County  of  Marion,  State  of  Indiana,  from  the  east  property 


222  journal  of  common  council.  [Special  Meeting 

line  of  Meridian  street  to  the  west  property  line  of  Pennsylvania  street, 
by  grading  and  paving  the  roadway  with  asphalt,  from  curb  to  curb,  to  a 
uniform  width  of  twenty-four  (24)  feet,  laid  on  a  four  (4)  inch  hydraulic 
cement  gravel  concrete  foundation,  including  the  wings  of  the  inter- 
secting alleys,  together  with  the  necessary  marginal  stone  finish  to  the 
same,  and  curbing  with  stone  the  outer  edges  of  the  sidewalks  between 
the  above-named  points,  adopted  a»  resolution  to  that  effect,  known  and 
designated  as  Improvement  Resolution  No.  43,  1898;  and 

Whereas,  Said  Board  caused  the  necessary  specifications,  profiles  and 
drawings  for  said  street  improvement  to  be  prepared  and  filed  in  their 
office,  where  they  now  are;  and 

Whereas,  Said  Board  caused  notice  to  be  duly  given  of  said  resolution 
ordering  the  said  described  improvement,  by  publication  thereof  in  the 
Indianapolis  Sentinel,  a  daily  newspaper  of  general  circulation,  printed 
and  published  in  the  City  of  Indianapolis,  County  of  Marion,  State  of  In- 
diana, once  each  week  for  two  consecutive  weeks,  namely,  on  the  12th 
and  19th  days  of  February,  1898;  and 

Whereas,  In  the  opinion  of  said  Board  said  described  improvement  is 
deemed  necessary,  and  the  total  cost  thereof  shall  be  apportioned  all  as 
provided  for  in  an  act  of  the  General  Assembly  of  the  State  of  Indiana 
'entitled  "An  act  concerning  the  incorporation  and  government  of  cities 
having  more  than  one  hundred  thousand  population  according  to  the 
United  States  census  last  preceding,  and  matters  connected  therewith, 
and  declaring  an  emergency,"  approved  March  6,  1891,  and  in  accordance 
with  and  pursuant  to  all  amendatory  and  supplemental  acts  thereto 
passed  by  the  General  Assembly  of  the  State  of  Indiana:  and 

Whereas,  Said  Board  met  according  to  said  published  notice,  to-wit, 
in  its  office.  Room  No.  5,  basement  Marion  County  Court  House,  Indian- 
apolis, Indiana,  at  10  o'clock  a.  m.  on  the  28th  day  of  February.  1898,  to 
'receive  or  hear  remonstrances  from  persons  interested  in  or  affected 
thereby  against  said  improvement;  and 

Whereas,  At  said  meeting  no  remonstrance  was  filed  with  said  Board 
by  persons  interested  in  or  affected  thereby  against  said  improvement; 
and 

Whereas.  Said  Board,  on  said  28th  day  of  February,  1898.  deferred 
taking  final  action  on  said  Improvement  Resolution  No.  43,  1898;  and 

Whereas,  Later,  to-wit,  on  the  2d  day  of  March.  1898,  a  remonstrance 
was  filed  with  said  Board  by  persons  interested  in  or  affected  by  said 
described  improvement;  and 

Whereas,  Said  Board,  after  duly  considering  such  remonstrance,  and 
being  fully  advised  in  the  premises,  did  on  said  4th  day  of  March,  1898. 
overrule  the  same  and  thereupon  take  final  action  on  said  Improvement 
Resolution  No.  43,  1898,  confirming  the  same  without  modification,  as 
adopted  on  February  9,  1898;  and 

Whereas,  Later,  to-wit,  on  the  5th  day  of  March,  1898.  and  within  ten 
days  after  final  action  was  'taken  by  said  Board  on  said  improvement 
resolution,  one-half  of  the  resident  freeholders  abutting  on  said  described 
improvement  filed  with  said  Board  their  written  remonstrance  against 
such  improvement,  which  remonstrance  has  been  made  a  part  of  the  rec- 
ords in  the  office  of  said  Board;  now,  therefore. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  improvement  of  the  roadway  of  Fourteenth 
street,  from  the  east  property  line  of  Meridian  street  to  the  west  property 
line  of  Pennsylvania  street,  as  more  fully  described  in  the  preamble 
'hereto  and  specifically  shown  by  the  profile  and  drawings  on  file  in  the 
office  of  the  Board  of  Public  Works,  as  referred  to  therein,  be  and  the 
same  is  hereby  specifically  ordered,  and  Improvement  Resolution  No.  43, 


April  22,  1898.]  city  of  Indianapolis,  ind.  223 

1898,  of  said  Board,  and  all  its  other  acts  in  relation  thereto,  be  and  the 
same  are  hereby,  in  all  things,  approved,  confirmed,  adopted  and  spe- 
cifically ordered. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 

By  Board  of  Public  Works: 

G.  O.  No.  33,  1898.  An  ordinance  authorizing'  the  improvement  of 
Eleventh  street,  in  the  City  of  Indianapolis,  in  Marion  County,  State  of 
Indiana,  from  the  'east  property  line  of  Delaware  street  to  the  west  prop- 
erty line  of  Alabama  street,  by  grading  and  paving  the  roadway  with 
asphalt,  from  curb  to  curb,  to  a  uniform  width  of  twenty-four  (24)  feet, 
laid  on  a  four  (4)  inch  hydraulic  cement  gravel  concrete  foundation,  in- 
cluding the  wings  of  the  intersecting  alleys,  together  with  the  necessary 
-marginal  stone  finish  to  the  same,  and  curbing  with  stone  the  outer 
edges  of  the  sidewalks,  between  the  above-named  points,  and  fixing  a 
time  when  the  same  shall  take  effect. 

Whereas,  Heretofore,  to-wit.  on  the  9th  day  of  February,  1898,  the 
Board  of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  deeming  it 
necessary  to  improve  Eleventh  street,  in  the  City  of  Indianapolis,  in  Ma- 
rion County,  State  of  Indiana,  from  the  east  property  line  of  Delaware 
street  to  the  west  property  line  of  Alabama  street,  by  grading  and  pav- 
ing the  roadway  with  asphalt,  from  curb  to  curb,  to  a  uniform  width  of 
twenty-four  (24)  feet,  laid  on  a  four  (4)  inch  hydraulic  cement  gravel  con- 
crete foundation,  including  the  wings  of  the  intersecting  alleys,  together 
with  the  necessary  marginal  stone  finish  to  the  same,  and  curbing  with 
istone  the  outer  edges  of  the  sidewalks  between  the  above-named  points, 
■adopted  a  resolution  to  that  effect,  known  and  designated  as  Improve- 
ment Resolution  No.  35,  1898;  and 

Whereas,  Said  Board  caused  the  necessary  specifications,  profiles  and 
drawings  for  said  street  improvement  to  be  prepared  and  filed  in  their 
office,  where  they  now  are;  and 

Whereas,  iSald  Board  caused  notice  to  be  duly  given  of  said  resolution 
ordering  said  described  public  improvement,  by  publication  thereof  in 
the  Indianapolis  Sentinel,  a  daily  newspaper  of  general  circulation, 
•printed  and  published  in  the  City  of  Indianapolis,  in  Marion  County. 
State  of  Indiana,  once  each  week  for  two  consecutive  weeks,  namely,  on 
the  12th  and  19th  days  of  February,  1898;  and 

Whereas,  Said  Board  is  of  the  opinion  that  said  described  public  im- 
provement is  necessary,  and  the  total  cost  thereof  shall  be  apportioned 
lall  as  provided  for  in  "An  act  concerning  the  incorporation  and  govern- 
ment of  cities  having  more  than  one  hundred  thousand  population  ac- 
cording to  the  United  States  census  last  preceding,  and  matters  con- 
nected therewith,  and  declaring  an  emergency,"  approved  March  G,  1891, 
■and  in  accordance  with  and  pursuant  to  all  amendatory  and  supple- 
mental acts  thereto  passed  by  the  General  Assembly  of  the  State  of  In- 
diana; and 

Whereas,  Said  Board  met  according  to  said  published  notice,  to-wit.  in 
its  office,  Room  No.  5,  basement  Marion  'County  Court  House,  Indianap- 
olis, Indiana,  at  10  o'clock  a.  m.  on  the  2Sth  day  of  February,  1898,  to  re- 
ceive or  hear  remonstrances  from  persons  interested  in  or  affected  there- 
by, if  any  there  should  be,  against  said  described  public  improvement; 
and 


224  journal  or  common  council.  [Special  Meeting 

Whereas,  At  such  meeting  no  remonstrance  was  filed  or  presented  to 
such  Board  by  persons  interested  therein  or  affected  thereby  against  said 
improvement;  and 

Whereas,  Said  Board,  being  fully  advised  in  the  premises,  did,  on  said 
28th  day  of  February,  1898,  take  final  action  on  said  Improvement  Reso- 
lution No.  35,  1898,  confirming  the  same  without  modification  as  adopted 
on  February  9,  1898;  and 

Whereas,  Later,  to- wit,  on  the  8th  day  of  March,  1898,  and  within  ten 
days  after  final  action  was  taken  by  said  Board  on  said  improvement 
resolution,  one-half  of  all  the  resident  freeholders  abutting  on  said  de- 
scribed improvement  filed  with  said  Board  their  written  remonstrance 
against  such  improvement,  which  remonstrance  has  been  made  a  part  of 
the  records  in  the  office  of  said  Board;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  improvement  of  the  roadway  of  Eleventh 
street,  from  the  east  property  line  of  Delaware  street  to  the  west  prop- 
erty line  of  Alabama  street,  as  more  specifically  described  in  the  pre- 
amble hereto  and  specifically  shown  on  the  profile  and  drawings  now  on 
file  in  the  office  of  the  Board  of  Public  Works  as  referred  to  therein,  be 
and  the  same  is  hereby  specifically  ordered,  and  Improvement  Resolution 
No.  35,  1898,  of  said  Board,  and  all  its  other  acts  in  relation  thereto,  are 
now  hereby,  in  all  things,  approved,  confirmed,  adopted  and  specifically 
ordered. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 

By  Board  of  Public  Works: 

G.  O.  No.  34,  1S98.  An  ordinance  authorizing  the  improvement  of  the 
first  alley  east  of  Meridian  street,  in  the  City  of  Indianapolis,  Indiana, 
from  the  north  property  line  of  St.  Joseph  street  to  the  south  property 
line  of  Eleventh  street,  by  grading  and  paving  the  roadway  with  brick, 
from  curb  to  curb,  to  a  uniform  width  of  twenty  (20)  feet,  laid  on  a  four 
(4)  inch  hydraulic  cement  gravel  concrete  foundation,  including  the 
wings  of  the  intersecting  street,  and  curbing  with  stone  the  outer  edges 
of  the  sidewalks,  between  the  above-named  points,  and  fixing  a  time 
when  the  same  shall  take  effect. 

Whereas,  Heretofore,  to-wit,  on  the  25th  day  of  February,  1898,  the 
Board  of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  deeming  it 
necessary  to  improve  the  first  alley  east  of  Meridian  street,  in  the  City 
(of  Indianapolis,  in  Marion  County,  iState  of  Indiana,  from  the  north 
property  line  of  St.  Joseph  street  to  the  south  property  line  of  Eleventh 
street,  by  grading  and  paving  the  roadway  with  brick,  from  curb  to  curb, 
to  a  uniform  width  of  twenty  (20)  feet,  laid  on  a  four  (4)  inch  hydraulic 
•cement  graA'el  concrete  foundation,  including  the  wings  of  the  inter- 
secting street,  and  curbing  with  stone  the  outer  edges  of  the  sidewalks, 
'between  the  above-named  points,  adopted  a  resolution  to  that  effect, 
known  and  designated  as  Improvement  Resolution  No.  98,  1898;  and 

Whereas,  Said  Board  caused  the  necessary  specifications,  profiles  and 
drawings  for  said  street  improvement  to  be  prepared  and  filed  in  their 
office,  where  they  now  are;  and 

Whereas,  Said  Board  caused  notice  to  be  duly  given  of  said  resolution 
ordering  said  described  Improvement,  by  publication  thereof  in  the  In- 
dianapolis Sentinel,  a  daily  newspaper  of  general  circulation,  printed  and 


April  22,  1898.]  city  of  Indianapolis,  ind.  225 

published  in  the  City  of  Indianapolis,  in  Marion  County,  State  of  In- 
diana, once  each  week  for  two  consecutive  weeks,  namely,  on  the  28th 
day  of  February  and  the  7th  day  of  March,  1898;  and 

Whereas,  Said  Board  is  of  the  opinion  that  said  described  public  im- 
provement is  necessary,  and  the  total  cost  'thereof  shall  be  apportioned 
all  as  provided  for  in  "An  act  concerning  the  incorporation  and  govern- 
ment of  cities  having  more  than  one  hundred  thousand  population,  ac- 
cording to  the  United  States  census  last  preceding,  and  matters  con- 
nected there  with,  and  declaring  an  emergency,"  approved  March  6,  1891, 
(and  in  accordance  with  and  pursuant  to  the  provisions  of  all  amendatory 
and  supplemental  acts  thereto  passed  by  the  General  Assembly  of  the 
State  of  Indiana;  and 

Whereas,  Said  Board  met  according  to  said  published  notice,  to-wit,  in 
its  office,  Room  No.  5,  basement  Marion  County  Court  House,  Indianap- 
olis, Indiana,  at  10  o'clock  a.  m.  on  the-  16th  day  of  March,  1898,  to  re- 
ceive or  hear  remonstrances  from  persons  interested  in  or  affected  there- 
by, if  any  there  should  be,  against  said  described  public  improvement; 
and 

Whereas,  At  such  meeting  a  remonstrance  was  duly  filed  with  such 
Board  by  persons  interested  therein  or  affected  thereby  against  such  im- 
provement; and 

Whereas,  Said  Board,  after  duly  considering  said  remonstrance,  and 
being  fully  advised  in  the  premises,  did,  on  said  16th  day  of  March,  1898, 
overrule  the  same,  and  thereupon  take  final  action  upon  said  Improve- 
ment Resolution  No.  98,  1898,  confirming  the  same  without  modification 
as  adopted  on  February  25,  1898;  and 

Whereas,  Later,  to-wit,  on  the  26th  day  of  March,  1898,  and  within  ten 
days  after  final  action  was  taken  by  said  Board  on  said  improvement 
/resolution,  one-half  of  all  the  resident  freeholders  abutting  on  said  de- 
scribed improvement  filed  with  said  Board  their  written  remonstrance 
against  such  improvement,  which  remonstrance  has  been  made  part  of 
the  records  of  the  office  of  said  Board;  now,  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  the  improvement  of  the  roadway  of  the  first 
alley  east  of  Meridian  street,  from  the  north  property  line  of  iSt.  Joseph 
street  to  the  south  property  line  of  Eleventh  street,  as  more  specifically 
described  in  the  preamble  hereto  and  specifically  shown  on  the  profile 
land  drawings  now  on  file  in  the  office  of  the  Board  of  Public  Works  as 
referred  to  therein,  be  and  the  same  is  hereby  specifically  ordered,  and 
Improvement  Resolution  No.  98,  1898,  of  said  Board,  and  all  its  other 
•acts  in  relation  thereto,  are  now  hereby,  in  all  things,  approved,  con- 
firmed, adopted  and  specifically  ordered. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 

By  Board  of  Public  Works: 

G.  O.  No.  35,  1898.  An  ordinance  authorizing  the  improvement  of  New 
Jersey  street,  in  the  City  of  Indianapolis,  Indiana,  from  the  south  prop- 
erty line  of  Washington  street  to  the  northeast  property  line  of  Virginia 
avenue,  except  the  crossing  of  all  railroad  tracks,  as  shown  on  the  plan, 
by  grading  and  paving  the  roadway  with  asphalt,  from  curb  to  curb,  to  a 
uniform  width  of  forty  (40)  feet,  laid  on  a  six  (G)  inch  hydraulic  cement 
stone  concrete  foundation,  including  the  wings  of  the  intersecting  streets 
and  alleys,  as  shown  on  the  plans,  together  with  the  necessary  marginal 


226  journal  of  common  council.  [Special  Meeting 

stone  finish  to  the  same,  and  curbing  with  stone  the  outer  edges  of  the 
sidewalks,  between  the  above-named  points,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Whereas,  Heretofore,  to-wit,  on  the  14th  day  of  March,  1898,  the  Board 
of  Public  Works  of  the  City  of  Indianapolis,  Indiana,  deeming  it  neces- 
sary to  improve  New  Jersey  street,  in  the  City  of  Indianapolis,  in  Marion 
County,  State  of  Indiana,  from  the  south  property  line  of  Washington 
street  to  the  northeast  property  line  of  Virginia  avenue,  except  the  cross- 
ing of  all  railroad  tracks,  as  shown  on  the  plan,  by  grading  and  paving 
the  roadway  with  asphalt,  from  curb  to  curb,  to  a  uniform  width  of  forty 
(40)  feet,  laid  on  a  six  (6)  inch  hydraulic  cement  stone  concrete  founda- 
tion, including  the  wings  of  the  intersecting  streets  and  alleys,  as  shown 
on  the  plans,  together  with  the  necessary  marginal  stone  finish  to  the 
same,  and  curbing  with  stone  the  outer  edges  of  the  sidewalks  between 
the  above-named  points,  adopted  a  resolution  to  that  effect,  known  and 
designated  as  Improvement  Resolution  No.  121,  1898;  and 

W'hereas,  Said  Board  caused  the  necessary  specifications,  profiles  and 
drawing  for  said  street  improvement  to  be  prepared  and  filed  in  its  office, 
where  they  now  are;  and 

Whereas,  Said  Board  caused  notice  to  be  duly  given  of  said  resolution 
ordering  said  described  improvement,  by  publication  thereof  in  the  In- 
dianapolis Sentinel,  a  daily  newspaper  of  general  circulation  printed 
and  published  in  the  City  of  Indianapolis,  in  Marion  County,  State  of  In- 
diana, once  each  week  for  two  consecutive  weeks,  namely,  on  the  16th 
and  23d  days  of  March,  1898;  and 

Whereas,  Said  Board  is  of  the  opinion  that  said  described  public  im- 
provement is  necessary,  and  the  total  cost  thereof  shall  be  apportioned 
all  as  provided  for  in  "An  act  concerning  the  incorporation  and  govern- 
fment  of  cities  having  more  than  one  hundred  thousand  population  ac- 
icording  to  the  United  States  census  last  preceding,  and  matters  con- 
nected therewith,  and  declaring  an  emergency,"  approved  March  6,  1891, 
and  in  accordance  with  and  pursuant  to  the  provisions  of  all  amendatory 
and  supplemental  acts  thereto  passed  by  the  General  Assembly  of  the 
State  of  Indiana;  and 

Whereas,  Said  Board  met  according  to  said  published  notice,  to-wit,  in 
its  office.  Room  No.  5,  basement  Marion  County  'Court  House,  Indianap- 
olis, Indiana,  at  10  o'clock  a.  m.  on  the  1st  day  of  April,  1898,  to  receive 
ior  hear  remonstrances  from  persons  interested  in  or  affected  thereby,  if 
any  there  should  be,  against  said  improvement;  and 

Whereas,  At  such  meeting  a  remonstrance  was  duly  filed  with  such 
Board  by  persons  interested  therein  or  affected  thereby  against  said  Im- 
provement; and 

Whereas,  Said  Board,  after  duly  considering  said  remonstrance,  and 
being  fully  advised  in  the  premises,  did.  on  the  said  1st  day  of  April. 
1898,  overrule  the  same,  and  thereupon  take  final  action  on  said  Improve- 
ment Resolution  No.  121,  1898,  confirming  the  same  without  modification 
as  adopted  on  March  14,  1898;  and 

Whereas,  Later,  to-wit,  on  the  7th  day  of  April,  1898,  and  within  ten 
days  after  final  action  was  taken  by  said  Board  on  said  improvement 
resolution,  one-half  of  all  the  resident  freeholders  abutting  on  said  de- 
scribed improvement  filed  with  said  Board  their  written  remonstrance 
against  such  improvement,  which  remonstrance  has  been  made  part  of 
the  records  of  the  office  of  said  Board;  now.  therefore, 

•Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana.  That  the  improvement  of  the  roadway  of  New  Jer- 
sey street,  from  the  south  property  line  of  Washington  street  to  the 
northeast  property  line  of  Virginia  avenue,  as  more  specifically  described 
in  the  preamble  hereto  and  specifically  shown  on  the  profile  and  draw- 
ings now  on  file  in  the  office  of  the  Board  of  Public  Works  as  referred  to 


April  22,  1898.]  city  of  Indianapolis,  ind.  227 

therein,  be  and  the  same  is  hereby  specifically  ordered,  and  Improvement 
Resolution  No.  121,  1898,  of  said  Board,  and  all  its  other  acts  in  relation 
thereto,  are  now  hereby,  in  all  things,  approved,  confirmed,  adopted  and 
specifically  ordered. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Sewers,  Streets  and  Alleys. 

By  Mr.  Harston : 

G.  O.  No.  3G,  1898.  An  ordinance  appropriating  money  for  the  pay- 
ment of  the  salaries  of  officers  and  employes  of  the  Oity  of  Indianapolis, 
Indiana,  who  may  enter  the  military  service  of  the  United  States,  and 
declaring  an  emergency. 

■Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of  In- 
dianapolis, Indiana,  That  if,  in  the  event  of  a  war  with  Spain,  any  offi- 
cer or  employe  of  the  City  of  Indianapolis  shall  enter  the  military  service 
of  the  United  States,  and  be  thereby  disabled  from  performing  the  duties 
bf  his  office  or  position  during  the  period  of  his  military  service,  such 
officer  or  employe  shall  be  entitled  to  receive,  during  the  entire  time  of 
such  military  service,  the  same  salary  from  said  city  he  is  now  receiving. 
The  City  Comptroller  is  authorized  and  directed  to  draw  warrants  on  the 
treasury  for  such  salaries,  the  same  as  if  said  officers  or  employes  were 
in  the  actual  service  of  the  city,  and  the  money  to  pay  such  salaries  is 
hereby  appropriated. 

Sec.  2.  Whereas,  an  emergency  exists  for  the  immediate  taking  effect 
of  this  ordinance,  the  same  shall  be  in  force  from  and  after  its  passage. 

Which  was  read  a  first  time. 

Mr.  Harston  moved  that  the  constitutional  rules  be  suspended 
for  the  purpose  of  placing  G.  0.  No.  36,  1898,  on  its  final  passage. 

President  Mahoney  ruled  that  it  requires  the  unanimous  con- 
sent of  all  members  of  Council  to  suspend  the  constitutional 
rules,  and  one  member  being  absent,  the  motion  was  out  of  order. 

Thereupon  G.  O.  No.  36,  1898,  was  referred  to  Committee  on 
Finance. 

On  motion  of  Mr.  Costello,  the  Common  Council,  at  8:20  o'clock, 
p.  m.,  adjourned. 


President. 


City  Clerk. 


May  2,  1898.]  city  of  Indianapolis,  ind.  229 


REGULAR  MEETING. 


Council  Chamber,  ) 

City  of  Indianapolis,  y 

May  2,  1898.  ) 

The  Common  Council  of  the  City  of  Indianapolis  met  in 
the  Council  Chamber,  Monday  evening,  May  2,  1898,  at  8 
o'clock,  in  regular  meeting. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  17  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall,  Higgins,  Knight, 
Little,  MofFett,  McGrew,  Rauch,  Shaffer,  Smith  and  Von  Spreckel- 
sen. 

Absent,  4 — viz.:  Messrs.  Harston,  Madden,  Merrick  and  Scan- 
Ion. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Bernauer  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 

COMMUNICATIONS,    ETC.,    FROM    MAYOR. 

His  Honor,  the  Mayor,  presented  the  following  communication  : 

Executive  Department, 

City  of  Indianapolis,  Ind., 

April  25,  1898. 
To/the  President  and  Members  of  the  Common  Council: 

/Gentlemen — I  have  this  day  approved  the  following  ordinance : 
V    G.  0.  No.  23,  1898.     "  An  ordinance  authorizing  the  erection  of  a  por- 
tico or  vestibule  at  and  in  front  of  the  public  entrance  to  the  Bates 
House  Hotel  on  Illinois  street,  in  the  City  of  Indianapolis,  upon  con- 
ditions therein  named." 

Respectfully  submitted, 

T.  Taggart, 

Mayor. 

Which  was  read  and  ordered  spread  on  the  minutes. 


230  journal  or  common  council.  [Regular  Meeting 


REPORTS    FROM    OFFICIAL    BOARDS. 

Communication  from  Board  of  Public  Works: 

Department  of  Public  Works,  ] 

Office  of  the  Board,         > 

Indianapolis,  April  22,  1898.  j 

To  the  President  and  Members  of  the  Common  Council: 

Gentlemen — We  desire  to  withdraw  from  further  consideration  of 
your  body  the  following  ordinances  which  were  referred  to  you  for  your 
consideration  and  action  on  April  18,  1898: 

An  ordinance  authorizing  the  improvement  of  Tenth  street,  from 
Pennsylvania  street  to  Delaware  street. 

An  ordinance  authorizing  the  improvement  of  Eleventh  street,  from 
Delaware  street  to  Alabama  street. 

This  is  for  the  purpose  of  commencing  new  proceedings  and  changing 
the  materials  with  which  these  streets  are  to  be  paved. 

Very  respectfully, 

M.  A.  Downing, 
W.  Scott  Moore, 

T.   J.   MONTGOxMERY, 

Board  of  Public  Works. 

Which  was  read  and  referred  to  Committee  on  Sewers,  Streets 
and  Alleys. 


REPORTS,    ETC,    FROM    STANDING    COMMITTEES. 

Mr.  Costello,  on  behalf  of  the  Committee  on  Finance,  to  which 

was  referred : 

G.  O.  No.  36,  1898.  An  ordinance  appropriating  money  for  the  pay- 
ment of  the  salaries  of  officers  and  employes  of  the  City  of  Indianapolis, 
Indiana,  who  may  enter  the  military  service  of  the  United  States,  and 
declaring  an  emergency. 

Made  the  following  report: 

Indianapolis,  Ind.,  May  2,  1898. 
Mr.  President: 

Your  Committee  on  Finance,  to  whom  was  referred  G.  O.  No.  36,  1898, 
have  considered  same  and  beg  leave  to  report  that,  while  we  heartily 
commend  the  sentiment  and  spirit  of  the  same,  we  are  convinced  of  its 
illegality,  and  therefore  recommend  it  be  stricken  from  the  hies. 

Respectfully, 

Jas.  H.  Costello. 
E.  D.  Moffett. 
Edward  E.  Bernauer, 
J.  W.  McGrew. 
Richard  Merrick. 
Frank  S.  Clark. 
J.  R.  Allen. 
W.  F.  Smith. 
Which  was  read  and  concurred  in. 


May  2,  1898.]  city  of  Indianapolis,  ind.  231 

Mr.  Higgins,  on  behalf  of  the  Committee  on  Sewers,  Streets 
and  Alleys,  to  which  was  referred: 

G.  O.  No.  28,  1898.  An.  ordinance  authorizing  the  improvement  of  St. 
Joseph  street,  in  the  City  of  Indianapolis,  in  Marion  County,  State  of  In- 
diana, from  the  east  property  line  of  Illinois  street  to  the  west  property 
line  of  Pennsylvania  street,  by  grading  and  paving  the  roadway  with 
asphalt,  from  curb  to  curb,  to  a  uniform  width  of  twenty-four  (24)  feet, 
laid  on  a  four  (4)  inch  hydraulic  cement  gravel  concrete  foundation,  in- 
cluding the  wings  of  the  intersecting  streets  or  alleys  and  the  necessary 
marginal  stone  finish  to  the  same,  and  curbing  with  stone  the  outer  edges 
of  the  sidewalks,  and  fixing  a  time  when  the  same  shall  take  effect. 

And: 

G.  O.  No.  30,  1898.  An  ordinance  authorizing  the  improvement  of  the 
roadway  of  Fourteenth  street,  in  the  City  of  Indianapolis,  in  Marion 
County,  State  of  Indiana,  from  the  east  property  line  of  Pennsylvania 
street  to  the  west  property  line  of  Delaware  street,  by  grading  and  pav- 
ing the  roadway  with  asphalt,  from  curb  to  curb,  to  a  uniform  width  of 
twenty-four  (24)  feet,  laid  on  a  four  (4)  inch  hydraulic  cement  gravel  con- 
crete foundation,  including  the  wings  of  the  intersecting  street  or  alley, 
and  curbing  with  stone  the  outer  edges  of  the  sidewalks  between  the 
above-named  points,  and  fixing  a  time  when  the  same  shall  take  effect. 

And: 

G.  O.  No.  31,  1898.  An  ordinance  authorizing  the  improvement  of  the 
roadway  of  Fourteenth  street,  in  the  City  of  Indianapolis,  in  Marion 
County,  in  the  State  of  Indiana,  from  the  west  property  line  of  Illinois 
street  to  the  east  property  line  of  Senate  avenue,  except  the  crossing  of 
Capitol  avenue,  by  grading  and  paving  the  roadway  with  asphalt  from 
curb  to  curb,  to  a  uniform  width  of  twenty-seven  (27)  feet,  laid  on  a  four 
(4)  inch  hydraulic  cement  gravel  concrete  foundation,  including  the  wings 
of  the  intersecting  alleys,  together  with  the  necessary  marginal  stone 
finish  to  the  same,  and  curbing  with  stone  the  outer  edges  of  the  side- 
walks, between  the  above-named  points,  and  fixing  a  time  when  the  same 
shall  take  effect. 

And: 

G.  O.  No.  32,  1898.  An  ordinance  authorizing  the  improvement  of  the 
roadway  of  Fourteenth  street,  in  the  City  of  Indianapolis,  Indiana,  from 
the  east  property  line  of  Meridian  street  to  the  west  property  line  of 
Pennsylvania  street,  by  grading  and  paving  the  roadway  with  asphalt, 
from  curb  to  curb,  to  a  uniform  width  of  twenty-four  (24)  feet,  laid  on  a 
four  (4)  inch  hydraulic  cement  gravel  concrete  foundation,  including  the 
wings  of  the  intersecting  alleys,  together  with  the  necessary  marginal 
stone  finish  to  the  same,  and  curbing  with  stone  the  outer  edges  of  the 
sidewalks  between  the  above-named  points,  and  fixing  a  time  when  the 
same  shall  take  effect. 

And: 

G.  O.  No.  34,  1S98.  An  ordinance  authorizing  the  improvement  of  the 
first  alley  east  of  Meridian  street,  in  the  City  of  Indianapolis,  Indiana, 
from  the  north  property  line  of  St.  Joseph  street  to  the  south  property 
line  of  Eleventh  street,  by  grading  and  paving  the  roadway  with  brick, 
from  curb  to  curb,  to  a  uniform  width  of  twenty  (20)  feet,  laid  on  a  four 
(4)    inch   hydraulic   cement   gravel    concrete    foundation,    including   the 


232  journal  of  common  council.  [Regular  Meeting 

wings  of  the  intersecting  street,  and  curbing  with  stone  the  outer  edges 
of  the  sidewalks,  between  the  above-named  points,  and  fixing  a  time 
when  the  same  shall  take  effect. 

And: 

G.  O.  No.  35,  189S.  An  ordinance  authorizing  the  improvement  of  New 
Jersey  street,  in  the  City  of  Indianapolis,  Indiana,  from  the  south  prop- 
erty line  of  Washington  street  to  the  northeast  property  line  of  Virginia 
avenue,  except  the  crossing  of  all  railroad  tracks,  as  shown  on  the  plan, 
by  grading  and  paving  the  roadway  with  asphalt,  from  curb  to  curb,  to  a 
uniform  width  of  forty  (40)  feet,  laid  on  a  six  (6)  inch  hydraulic  cement 
stone  concrete  foundation,  including  the  wings  of  the  intersecting  streets 
and  alleys,  as  shown  on  the  plans,  together  with  the  necessary  marginal 
stone  finish  to  the  same,  and  curbing  with  stone  the  outer  edges  of  the 
sidewalks,  between  the  above-named  points,  and  fixing  a  time  when  the 
same  shall  take  effect. 

Made  the  following  report: 

Indianapolis,  Ind.,  May  2,  1898. 
Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir — We,  your  Committee  on  Sewers,  Streets  and  Alleys,  to  which 
was  referred  G.  O.  Nos.  28,  30,  31,  32,  34  and  35,  1898,  have  had  the  same 
under  consideration  and  recommend  that  the  same  do  pass. 

John  M.  Higgins.  . 
John  H.  Scanlon. 
-    E.  D.  Moffett. 

John  A.  Von  Spreckelsen. 
Which  was  read  and  concurred  in. 

Mr.  Higgins,  on  behalf  of  the  Committee  on  Sewers,  Streets 
and  Alleys,  to  which  was  referred : 

G.  O.  No.  29,  1898.  An  ordinance  authorizing  the  improvement  of  St. 
Joseph  street,  in  the  City  of  Indianapolis,  in  Marion  County,  State  of  In- 
diana, from  the  east  property  line  of  Delaware  street  to  the  northwest 
property  line  of  Fort  Wayne  avenue,  except  the  crossing  of  Alabama 
street,  by  grading  and  paving  the  roadway  with  asphalt,  from  curb  to 
curb,  to  a  uniform  width  of  twenty-four  (24)  feet,  laid  on  a  four  (4)  inch 
hydraulic  cement  gravel  concrete  foundation,  including  the  wings  of  the 
fintersecting  alleys,  together  with  the  necessary  marginal  stone  finish  to 
the  same,  and  curbing  with  stone  the  outer  edges  of  the  sidewalks,  be- 
tween the  above-named  points,  and  fixing  a  time  when  the  same  shall 
take  effect. 

Made  the  following  report  : 

Indianapolis,  Ind.,  May  2,  1898. 
Hon.  John  H.  Mahoney,  President  of  the  Common  Council: 

Dear  Sir — We,  your  committee  on  Sewers,  Streets  and  Alleys,  to  which 
was  referred  G.  0.  No.  29,  189S,  have  had  same  under  consideration,  and 
recommend  that  the  same  do  pass. 

John  M.  Higgins. 
E.  D.  Moffett. 
John  H.  Scanlon. 

Which  was  read  and  concurred  in. 


May  2,  1898.]  city  of  Indianapolis,  ind.  233 


MISCELLANEOUS    BUSINESS. 

Mr.  Allen  offered  the  following  resolution : 

Resolution  No.  8,  1898.— 

Resolved,  By  the  Common  Council  of  the  City  of  Indianapolis,  that 
the  assessments  of  $44  against  lot  No.  55  in  Butler  Grove  addition  to  the 
City  of  Indianapolis,  Marion  county,  Indiana,  in  the  name  of  Horace  E. 
Kinney  as  owner  of  said  lot,  in  the  matter  of  opening  and  extension  of 
Rohampton  street  to  a  width  of  fifty  feet,  between  Seventh  street  and 
Lincoln  avenue,  as  the  same  appears  recorded  in  Mortgage  Record  No. 
85,  at  pages  321  to  330  inclusive,  of  the  records  of  Marion  county,  Indi- 
ana, be  and  the  same  is  hereby  declared  null  and  void,  and  of  no  effect 
in  law  so  far  as  the  same  affects  the  lot  herein  described. 

And  that  the  City  Clerk  of  the  City  of  Indianapolis  be  and  is  hereby 
directed  to  make  proper  entry  upon  the  Mortgage  Record  showing  this 
action  and  annulling  said  pretended  assessment  and  lien. 

Which  was  read  and  referred  to  Committee  on  Finance. 


ORDINANCES    ON    SECOND    READING. 

On  motion  of  Mr.  Costello,  the  following  entitled  ordinance 
was  taken  up  and  read  a  second  time: 

G.  O.  No.  36,  1898.  An  ordinance  appropriating  money  for  the  pay- 
ment of  the  salaries  of  officers  and  employes  of  the  City  of  Indianapolis, 
Indiana,  who  may  enter  the  military  service  of  the  United  States,  and 
declaring  an  emergency. 

And,  on  motion  of  Mr.  Costello,  was  stricken  from  the  files  by 
the  following  vote: 

Ayes  17 — viz.:  Messrs.  Allen,  Bernauer,  Bowser,  Clark,  Colter,  Cos- 
tello, Crall,  Higgins,  Knight,  Little,  Moffett,  McGrew,  Rauch,  Shatter, 
Smith,  Von  Spreckelsen  and  President  Mahoney. 

Nays — None. 

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


President. 


'jZZcJLypA-^  Ci"J  CUrk- 


May  4,  1898.]  city  of  Indianapolis,  ind.  235 


SPECIAL  MEETING. 


Council  Chamber,  ^ 

City  of  Indianapolis, 

May  4,  1898.  \ 

The  Common  Council  of  the  City  of  Indianapolis  met  in  the 
Council  Chamber,  Wednesday  evening,  May  4,  1898,  at  8  o'clock, 
in  special  session,  pursuant  to  the  following  call: 

Indianapolis,  Ind.,  May  3,  1898. 
Charles  H.  Stuckmeyer,  Esq.,  City  Clerk: 
Der  Sir — Please  issue  the  following  call : 

To  the  Members  of  the  Common  Council: 

Gentlemen — You  are  hereby  requested  to  meet  in  special  meeting  in 
the  Council  Chamber,  at  8  o'clock  p.  m.,  Wednesday,  May  4,  1898,  to 
transact  such  business  as  may  come  before  said  meeting. 

Jno.  H.  Mahoney, 

President. 

I,  Charles  H.  Stuckmeyer,  Clerk  of  the  Common  Council,  do  hereby 
certify  that  I  have  served  above  notice  upon  the  President  and  each 
member  of  the  Common  Council  prior  to  the  time  of  meeting,  pursuant 
to  the  rules. 

Charles  H.  Stuckmeyer, 
City  Clerk. 

Present,  Hon.  John  H.  Mahoney,  President  of  the  Common 
Council,  in  the  chair,  and  18  members,  viz.:  Messrs.  Allen, 
Bernauer,  Bowser,  Clark,  Colter,  Costello,  Crall,  Harston,  Higgins, 
Knight,  Little,  Merrick,  Moffett,  Rauch,  Scanlon,  Shaffer,  Smith 
and  Von  Spreckelsen. 

Absent,  2 — viz.:     Messrs.  Madden  and  McGrew. 

The  Clerk  proceeded  to  read  the  Journal,  whereupon  Council- 
man Colter  moved  that  the  further  reading  of  the  Journal  be 
dispensed  with. 

Which  motion  prevailed. 


236  journal  of  common  council.  [Special  Meeting 


REPORTS    FROM    OFFICIAL    BOARDS. 


Communication  from  Board  of  Public  Works: 

Department  of  Public  Works.         | 
Office  of  the  Board,  V 

Indianapolis,  Ind.,  May  3,  1898.  J 
To  the  President  and  Members  of  the  Common  Council: 

Gentlemen — We  beg  to  submit  for  your  consideration  and  action  in 
the  premises,  a  certain  contract  made  and  entered  into  by  this  Board 
with  the  New  Telephone  Company  on  the  27th  day  of  April,  1898. 

Very  respectfully, 

M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery, 
Board  of  Public  Works. 

Which  was  read  and  referred  to  Committee  on  Contracts  and 
Franchises. 


introduction  of  general  and  special  ordinances. 


Under  this  order  of  business,  the  -following  ordinances  were 
introduced: 

By  Board  of  Public  Works: 

G.  0.  No.  37,  1898.  An  ordinance  ratifying,  confirming  and 
approving  the  certain  contract  or  agreement  made  and  entered  into 

on  the day  of  April,  1898,  between  the  City  of  Indianapolis, 

by  and  through  its  Board  of  Public  Works,  and  the  New  Telephone 
Company,  whereby  said  company  is  authorized  to  construct  in  and 
over  the  streets,  alleys,  avenues  and  public  places  of  the  City  of 
Indianapolis  a  telephone  plant  and  system  and  to  operate  the  same 
for  a  fixed  period,  subject  to  limitations  and  conditions  therein 
contained,  and  providing  for  the  taking  effect  of  the  same. 

Whereas,   Heretofore,  to- wit,  on  the day  of  April,  1898,  the 

City  of  Indianapolis,  by  and  through  its  Board  of  Public  Works, 
entered  into  the  following  contract  and  agreement  with  the  New 
Telephone  Company,  namely: 

This  Agreement,  made  and  entered  into  this  the  27th  day 
of  April,  1898,  by  and  between  the  City  of  Indianapolis,  Marion 
County,  in  the  State  of  Indiana,  hereinafter  called  the  City,  by 
and  through  its  Board  of  Public  Works,  party  of  the  first  part,  and 
the  New  Telephone  Company,  a  corporation  organized  and  incor- 
porated under  and  by  virtue  of  the  laws  of  the  State  of  Indiana, 
hereinafter  called  the  Company,  party  of  the  second  part: 


May  4,  1898.]  city  of  Indianapolis,  ind.  237 

Witnesseth,  That  the  City,  by  and  through  its  Board  of  Public 
Works,  under  and  by  virtue  of  the  power  conferred  upon  it  by  an  act 
•of  the  General  Assembly  of  the  State  of  Indiana,  entitled  ' '  An  act 
concerning  the  incorporation  and  government  of  cities  having  more 
than  one  hundred  thousand  population  according  to  the  United 
States  census  last  preceding,  and  matters  connected  therewith, 
and  declaring  an  emergency,"  approved  March  6,  1891,  does 
hereby  authorize  and  empower  the  said  Company,  party  of  the 
second  part,  its  successors  and  assigns,  and  by  the  terms  of  this 
contract  consent,  permission  and  authority  are  granted  unto  and 
vested  in  the  said  Company,  party  of  the  second  part,  subject  to 
any  laws  and  ordinances  now  in  force,  or  hereafter  enacted  or  put 
in  force  as  police  regulations,  the  right  to  construct,  lay  and 
operate  in  said  city,  conduits,  ducts,  man-holes  and  appurtenances 
thereto,  underground,  and  to  string  and  erect  wires,  cables,  poles 
and  proper  fixtures  and  appurtenances  suitable  for  telephone 
uses,  overhead,  in,  through  and  along  the  streets,  avenues,  alleys 
and  public  places  of  said  city,  and  to  operate  a  telephone  exchange 
therein  and  furnish  telephone  service  to  its  patrons  and  sub- 
scribers, upon  the  following  conditions,  terms  and  limitations, 
to-wit : 

1.  All  rights,  privileges  and  concessions  herein  granted  to  the 
said  Company  are  expressly  limited  to  a  period  of  twenty-five 
years  from  the  date  hereof,  which  limitation  of  time  is  hereby 
declared  to  be  one  of  the  chief  considerations  for  the  grants  herein 
contained.  And  the  said  Company,  party  of  the  second  part,  rec- 
ognizing and  conceding  that  such  limitation  of  time  as  herein 
expressed  is  one  of  the  essential  and  governing  conditions  of  this 
contract,  does  hereby  bind  itself,  its  successors  and  assigns,  that 
at  the  expiration  of  said  period  of  time  it  will  yield  possession  of 
the  streets,  alleys,  avenues  and  public  grounds  of  said  city,  and 
cease  the  operation  of  said  telephone  plant  and  system,  and  from 
thenceforward  will  make  no  claim  of  any  kind  to  exercise  any 
right  under  the  grant  herein  made,  whether  such  claim  be  founded 
upon  any  charter  or  corporate  rights  claimed  or  otherwise,  and 
any  rights  which  might  be  claimed  by  said  company  to  hold 
beyond  said  period  of  time,  under  the  statute  under  which  it  was 
incorporated  are  herein  and  hereby  expressly  waived. 

To  the  end  that  at  the  expiration  of  the  said  period  for  which 
said  grant  is  made  there  may  no  doubt  exist  as  to  the  respective 
rights  of  the  parties  hereto,  it  is  agreed  : 

A.  If  at  any  time  not  less  than  three  months  nor  more  than  six 
months  before  the  expiration  of  said  term,  a  new  franchise  and  right 
to  occupy  the  streets,  alleys,  avenues  and  public  places  of  said  city, 
and  to  operate  a  telephone  plant  and  system  therein,  shall  not  have 
been  granted  to  said  company,  its  successors  or  assigns,  by  the 
proper  officers  of  said  city,  then  the  said  city  shall  have  the  option 
to  become  the  purchaser  and  owner  of  all  the  tangible  property 


238  journal  of  common  council.  [Special  Meeting 

constituting  the  telephone  plant  and  system  of  said  company  by 
the  payment  to  the  corporation  then  owning  the  same  the  fair 
market  value  of  such  tangible  property,  and  in  case  the  said  city, 
through  its  proper  officers,  and  the  said  corporation  are  unable  to 
agree  as  to  the  fair  market  value  of  such  property,  the  same  shall 
be  determined  by  three  freeholders  and  voters  of  the  State  of  Indi- 
ana, one  of  whom  shall  be  chosen  by  the  Mayor  of  said  City,  one 
by  the  said  corporation  owner,  and  the  third  by  the  person  who 
shall  then  be  the  Judge  of  the  Circuit  Court  of  Marion  County, 
Indiana,  and  the  finding  of  the  majority  of  such  committee  as  to 
such  value  shall  be  binding  on  both  said  City  and  such  corpora- 
tion, and  the  said  City  shall  be  bound  to  pay,  and  the  said  corpor- 
ation shall  be  bound  to  receive  the  said  amount  as  the  purchase 
price  of  said  property:  Provided,  That  nothing  herein  contained 
shall  be  so  construed  as  that  the  said  City  shall  be  compelled  to 
purchase  said  tangible  property  or  any  part  thereof  unless  by  its 
officers  it  shall  elect  to  have  the  market  value  thereof  appraised, 
as  hereinbefore  provided. 

B.  If  within  three  months  of  the  expiration  of  said  period  of 
twenty-five  years  this  contract  and  the  franchise  hereby  granted 
shall  not  have  been  renewed  or  extended  by  a  new  contract  rati- 
fied by  ordinance,  and  if  said  City  shall  not  have  exercised  its 
optional  right  to  purchase  the  tangible  property  constituting  said 
telephone  plant,  the  said  City  shall  have  the  right,  through  its 
proper  officers,  to  enter  into  a  contract  with  and  grant  a  franchise 
to  another  company  or  corporation  to  operate  said  telephone  plant 
and  system,  upon  such  terms  as  may  be  fixed  by  such  contract, 
for  a  period  commencing  on  the  date  of  the  expiration  of  the 
franchise  herein  granted,  and  such  company  or  corporation  to 
which  such  new  franchise  may  be  granted  may  become  the  owner 
of  the  said  tangible  property  and  have  the  right  to  operate  the 
same  upon  the  payment  by  it  to  the  company,  party  of  the  second 
part,  or  to  whomsoever  may  then  be  the  owner  of  such  property, 
the  fair  market  value  thereof,  and  if  the  said  company  or  corporation 
to  which  such  new  franchise  is  granted,  and  the  corporation  owner  of 
such  property  shall  be  unable  to  agree  as  to  the  fair  market  value 
of  said  property,  then  the  same  shall  be  determined  by  three  (3) 
freeholders  and  voters  of  the  State  of  Indiana  to  be  chosen,  one  by 
each  of  such  corporations  and  the  third  by  the  person  then  holding 
the  office  of  Judge  of  the  Circuit  Court  of  Marion  Count}',  Indi- 
ana, the  decision  of  said  committee,  or  a  majority  thereof,  to  be 
final  and  binding  on  all  such  parties. 

C.  If  at  the  expiration  of  said  term  of  twenty-five  years,  the  City 
of  Indianapolis  shall  not  have  become  the  owner  of  the  said  plant 
and  system,  and  if  the  tangible  property  constituting  said  plant  and 
system  shall  not  have  been  sold  and  delivered  to  any  other  company 
or  corporation  having  a  franchise  and  the  right  by  contract  with 
the  city  to  operate  the  same,  and  if  this  contract  or  franchise  shall 


May  4,  1898.]  city  of  Indianapolis,  ind.  239 

not  have  been  renewed  or  extented  as  hereinabove  provided,  then 
the  said  city  shall,  through  its  proper  officers,  proceed  to  offer  by 
public  advertisement  a  new  franchise  for  the  operation  of  said 
plant  and  system  for  a  term  of  years  not  exceeding  twenty-five, 
and  such  franchise  shall  be  awarded  to  the  bidder,  who  or  which 
being  solvent  and  responsible,  offers  the  most  favorable  terms  for 
the  city  and  its  citizens,  and  who  or  which  will  bind  himself  or 
itself  to  take  the  tangible  property  constituting  said  plant  and  sys- 
tem, and  pay  to  the  corporation  then  owning  the  same,  the  fair 
cash  value  thereof  at  that  time,  to  be  determined  by  three  free- 
holders and  voters  of  said  State,  one  to  be  selected  by  the  corpora- 
tion owner,  one  by  such  successful  bidder,  and  the  third  by  the 
person  who  shall  then  hold  the  office  of  Judge  of  the  Circuit  Court 
aforesaid,  the  decision  of  a  majority  of  which  committee  shall  be 
final  and  binding  on  all  parties  concerned.  In  case  there  is  no 
satisfactory  bid  for  such  franchise,  then  said  city  through  its  officers 
shall  have  the  right,  without  any  process  of  law,  to  take  possession 
of  all  streets,  alleys  and  avenues  or  other  grounds  occupied  by  the 
said  plant  and  system,  and  the  said  corporation  owner  shall  have 
three  months  time  from  said  date  of  expiration  to  remove  its  tan- 
gible property  situate  above  ground,  from  said  streets,  alleys  and 
other  grounds,  and  in  case  of  its  failure  to  so  remove  said  property 
within  such  time  the  same  shall  become  the  absolute  property  of 
said  city. 

D.  It  is  hereby  expressly  agreed  that  that  part  of  said  tele- 
phone plant  and  system  which  shall  be  laid  and  constructed  under 
ground,  other  than  the  wires  and  cables,  shall  under  no  circum- 
stances be  removed,  but  that  the  same  shall,  after  the  expiration 
of  said  period,  be  the  property  of  said  city,  it  being  the  purpose 
of  this  stipulation  to  prevent  the  digging  into  the  pavements, 
streets,  sidewalks  and  other  public  grounds,  which  would  be  nec- 
essary to  effect  the  removal  of  that  part  of  said  plant,  other  than 
such  wires  and  cables,  which  by  the  terms  hereof  are  required  to 
be  placed  under  ground. 

2.  The  said  company,  party  of  the  second  part,  shall,  within 
sixty  days  after  the  passage  and  approval  of  an  ordinance  of  the 
Common  Council  of  said  city  ratifying  this  contract,  proceed  to 
construct  and  equip  within  said  city  a  first-class  modern  telephone 
plant,  sufficient  in  character  and  extent  to  furnish  to  all  inhab- 
itants of  said  city  desiring  the  same  good,  first-class  and  satisfac- 
tory telephone  service ;  and  such  work  of  construction  shall  pro- 
ceed without  any  unnecessary  delay  until  the  said  plant  and  sys- 
tem shall  be  completed.  All  materials  used  in  the  construction 
and  equipment  of  said  plant  shall  be  of  the  best  quality,  and  equal 
in  all  respects  in  every  part  to  that  used  in  the  construction  and 
equipment  of  any  other  telephone  plant  and  system  in  said  city. 

The  said  telephone  plant  shall  be  completed  and  in  successful 
operation  within  one  year  from  the  date  of  passage  of  an  ordinance 


240  journal  of  common  council.  [Special  Meeting 

by  the  Common  Council  of  said  city  ratifying  and  approving  this 
contract. 

And  it  is  agreed  by  the  parties  hereto  that  the  said  company, 
party  of  the  second  part,  shall  forfeit  and  pay  to  the  City  of  Indi- 
anapolis, as  liquidated  damages  for  breach  of  this  contract,  the 
sum  of  fifty  dollars  for  every  day  that  the  completion  of  said 
plant  is  delayed  beyond  that  date,  and  the  Board  of  Public  Works 
of  said  city  is  authorized  and  empowered  to  pay  into  the  City 
Treasury,  out  of  the  moneys  deposited  with  it  by  said  company 
as  hereinafter  provided,  the  entire  amount  of  money  which  shall 
be  so  forfeited  to  said  city  on  account  of  such  delay. 

3.  The  said  company,  party  of  the  second  part,  agrees  and  binds 
itself  to  place  underground  all  its  wires,  cables,  conduits,  ducts 
and  appurtenances  that  may  be  used  in  the  construction  of  its  said 
plant  and  system  in  all  that  territory  bounded  on  the  north  by 
North  street,  on  the  south  by  South  street,  on  the  east  by  East 
street  and  on  the  west  by  West  street,  and  also  its  wires,  cables, 
conduits,  ducts  and  appurtenances  used  on  and  along  either  and 
all  of  the  streets  named,  along  and  forming  said  boundary  lines, 
except  such  aerial  poles,  cables  and  wires  as  the  said  Board  of 
Public  Works  shall  give  its  express  permission  to  be  allowed  in 
such  territory  for  local  distribution ;  and  all  poles  shall  be  in 
alleys,  unless  otherwise  ordered  by  said  board. 

All  such  overhead  poles,  cables  and  wires  within  said  territory 
or  within  said  city  shall  be  constructed  and  placed  in  a  manner 
satisfactory  to  said  board. 

Before  commencing  the  work  of  constructing  the  said  plant  and 
system,  the  said  company,  party  of  the  second  part,  shall  submit 
to  said  Board  of  Public  Works  maps,  plans  and  specifications, 
showing  where  and  how  such  work  is  to  be  done,  which  maps, 
plans  and  specifications  shall  be  approved  by  said  board  before 
such  work  shall  be  begun,  a  duplicate  of  which  maps,  plans  and 
specifications  shall  be  filed  and  deposited  with  said  board. 

4.  It  is  agreed  by  the  parties  hereto  that  by  fixing  herein  the 
present  area  within  which  the  conduits,  ducts  and  wires  of  said 
plant  shall  be  placed  underground  the  right  of  the  Common  Coun- 
cil to  hereafter  exercise  any  of  the  police  powers  of  said  city  shall 
not  be  in  any  wise  restricted  or  abridged. 

5.  The  said  company,  party  of  the  second  part,  shall  provide 
one  duct  in  each  and  all  conduits  laid  underground  as  aforesaid, 
for  the  sole  use  of  the  City  of  Indianapolis,  and  shall  give  to  said 
city  the  right  to  the  exclusive  use  of  the  top  cross  arm  on  every 
pole  erected  in  any  part  of  said  city. 

6.  It  is  agreed  that  the  kind  and  height  of  all  poles,  the  kind, 
size  and  manner  of  attaching  cross  arms  thereto,  and  the  manner 
of  attaching  cables  and  wires  to  every  pole  and  system  of  poles  to 
be  erected  in  the  construction  or  repair  of  said  plant  at  any  time, 
shall  be  subject  to  the  approval  of  the  Board  of  Public  Works, 


May  4,  1898.]  city  of  Indianapolis,  ind.  241 

and  the  right  is  hereby  reserved  to  said  Board  to  modify  the 
approval  above  provided  for  at  any  time  and  to  order  modifi- 
cations, general  and  particular,  of  any  of  the  above  mentioned 
details,  and  also  at  any  time,  upon  reasonable  notice,  to  order  and 
require  the  removal  of  any  pole,  and  upon  the  failure  of  the  said 
company  to  comply  with  any  such  order  and  requirement  the  said 
board  shall  have  the  right  to  cause  any  such  pole  to  be  removed 
and  collect  the  cost  of  such  removal  from  said  company. 

All  poles  used  in  the  construction  of  said  plant,  outside  the  ter- 
ritory bounded  by  North,  South,  East  and  West  streets,  shall  so 
far  as  possible  be  located  in  alleys,  and  all  poles,  wherever  erected 
in  the  construction  of  said  plant,  shall  be  so  placed  as  to  interfere 
as  little  as  possible  with  other  public  uses  of  the  streets,  alleys  or 
other  grounds,  or  with  public  or  private  interests  or  conveniences. 

7.  It  is  also  agreed  that  all  the  underground  conduits  and  ducts 
used  in  the  construction  of  said  plant  shall  be  not  less  than  three 
feet  underground,  and  shall  be  so  located  and  constructed  as  not 
to  interfere  with  or  disturb  existing  surface  or  underground  struc- 
tures, conduits,  pipes  or  other  property  belonging  to  other  corpor- 
ations, companies  or  persons,  or  sewers  or  sewer  connections; 
nothing  contained  herein  shall  preclude  the  said  city  from  prose- 
cuting or  authorizing  any  future  public  work  of  any  character,  but 
in  the  prosecution  of  any  public  work  or  improvement  hereafter 
the  said  board  shall  have  the  right,  if  it  deems  the  same  neces- 
sary, to  require  the  temporary  removal  of  any  conduit,  duct  or 
appliance,  authorized  by  this  contract  to  be  laid,  and  the  same 
shall  be  removed  or  necessary  changes  made  therein  by  the  said 
company,  on  the  order  and  requirement  of  the  said  board,  and  in 
case  of  a  failure  on  the  part  of  the  said  company  to  comply  with 
any  such  order  or  requirement,  relative  to  such  removal  or  change 
for  the  purposes  aforesaid,  then  the  said  board  may  make  such 
removal  or  change  and  the  necessary  cost  thereof  shall  be  paid  by 
said  company  to  the  City  Comptroller  upon  proper  demand  being 
made  therefor. 

8.  It  is  also  agreed  that  all  the  work  of  the  construction  or  repair 
of  said  telephone  plant  shall  be  under  and  subject  to,  the  supervision 
of  inspectors  to  be  appointed  by  the  said  Board  of  Public  Works, 
and  all  the  necessary  expense  for  the  employment  of  all  such  inspec- 
tors shall  be  paid  by  the  said  company  to  the  City  Comptroller  on 
demand.  The  Board  of  Public  Works  of  said  city  shall  at  all 
times  have  the  right  to  inspect,  superintend  and  control  the  con- 
struction of  the  conduits,  man-holes  and  other  appurtenances 
which  may  be  constructed  as  part  of  said  plant ;  and  the  right  is 
hereby  reserved  to  said  board  to  order  any  change  made  from  time 
to  time  for  city  purposes ;  all  such  changes  to  be  made  by  the  said 
company  without  expense  to  the  said  city.  In  case  the  said  company 
shall  neglect  or  refuse  to  obey  any  instruction  of  said  board  with 
respect  to  any  alteration  to  be  made,  the  said  board  is  authorized 


242  journal  of  common  council.  [Special  Meeting 

to  make  the  same,  and  collect  the  cost  thereof  from  the  said  com- 
pany. 

9.  The  said  company,  party  of  the  second  part,  agrees  and  binds 
itself  that  in  the  construction  or  repair  of  said  plant  it  will  not  at 
any  time  open  or  encumber  more  of  any  street,  alley  or  public 
place  than  may  be  necessary  to  enable  it  to  perform  the  work  of 
laying  its  wires,  cables,  conduits,  conductors  and  other  appurte- 
nances, with  proper  economy  and  efficiency,  and  that  no  opening 
of,  or  encumbrance  to  any  of  such  streets,  alleys  or  public  places 
shall  be  permitted  to  remain,  or  continue  for  a  longer  period  than 
may  be  necessary  within  the  judgment  of  the  Board  of  Public 
Works;  and  that  it  will  properly  and  effectually  guard  all  such 
openings  and  encumbrances  with  such  barriers  and  lights  as  will 
prevent  the  happening  of  accidents  or  injuries  by  reason  thereof. 
The  said  company,  party  of  the  second  part,  also  agrees  and  binds 
itself  to  hold  the  City  of  Indianapolis  harmless  as  against  any  and 
all  damages  done  by  it  to  the  streets,  alleys,  avenues  and  public 
places  within  such  city,  in  the  building  and  construction  of  its  said 
plant  underground  or  aerial;  that  it  will  restore  all  streets,  alleys, 
avenues  and  public  places  to  the  same  condition  after  the  comple- 
tion of  its  work  as  they  were  before  being  cut  into  or  used  by  it 
the  said  company — all  such  streets,  alleys,  avenues  and  public 
places  to  be  repaved  with  the  same  material  with  which  they  were 
paved  before  being  disturbed  by  it,  or  with  such  material  and  in 
such  manner  as  shall  be  satisfactory  to  said  Board  of  Public  Works; 
that  it  will  at  all  times  make  any  and  all  repairs  which  may  be 
necessary  to  any  of  the  streets,  alleys,  avenues  or  public  places,  by 
reason  of  the  same  having  been  digged  into,  or  disturbed,  in  the 
construction  or  repair  of  said  plant;  that  it  will  not  in  such  con- 
struction or  repair,  dig,  cut  into  or  remove  material  from  the  sur- 
face or  underneath  the  surface  of  any  such  street,  alley,  avenue  or 
public  place,  without  first  obtaining  the  consent  of  the  said  board; 
that  it  will  pay  all  damages,  for  personal  or  other  injuries,  that 
may  result  from,  or  grow  out  of  any  work  that  may  be  done  by  or 
for  it  in  such  construction  or  repair;  that  it  will  indemnify  and 
save  said  city  harmless  from  any  and  all  liability  or  expense  grow- 
ing out  of,  or  resulting  from  the  construction  or  repair  of  any. 
part  of  its  said  plant;  that  it  will,  upon  the  demand  of  the 
City  Comptroller  of  said  city,  pay  any  damages  which  may  have 
accrued  to  said  city,  and  any  and  all  judgments  which  may 
have  been  obtained  and  rendered  against  such  city  on  account, 
and  by  reason  of,  the  construction  or  repair  of  said  plant 
or  the  occupancy  by  it  of  any  of  the  streets,  alleys,  or  public 
places  in  said  city;  that  if  the  said  city  shall  become  involved  in 
any  action  or  suit,  on  account  of  any  act  or  omission  of  the  said 
company  in  the  construction  or  operation  of  its  said  plant,  it  will 
upon  notice  from  said  city  or  its  proper  officers,  appearand  defend 
such  action  or  suit  without  expense  to  the  said  city;  and  that  it 


May  4,  1898.]  city  of  Indianapolis,  ind.  243 

will  also  protect  and  save  said  City  of  Indianapolis  harmless  as 
against  any  and  all  suits  which  may  be  brought  by  any  person  or 
corporation  for  the  infringement  of  any  patent  which  may  be 
alleged  against  such  corporation,  either  in  the  course  of  the  con- 
struction or  operation  of  the  said  telephone  plant  or  system. 

10.  The  said  company,  party  of  the  second  part,  also  agrees 
and  binds  itself  to  connect  the  lines  of  its  telephone  system  in  said 
city  with  the  line  or  lines  operated  by  any  and  all  other  telephone 
companies  doing  business  outside  the  City  of  Indianapolis,  in  the 
State  of  Indiana,  desiring  such  connection,  making  application 
therefor  and  constructing  its  or  their  said  line  or  lines,  or  connect- 
ing lines  to  the  corporate  limits  of  said  city;  which  said  connec- 
tion shall  be  made  on  reasonable  terms  and  without  discrimina- 
tion :  Provided,  That  the  owners  of  such  outside  lines,  desiring  and 
applying  for  such  connection  as  aforesaid,  shall  agree  as  a  condi- 
tion of  such  connection,  to  receive  and  transmit  on  like  terms  all 
messages  in  which  the  said  company,  party  of  the  second  part, 
may  be  interested . 

It  is  understood  between  the  parties  hereto  that  this  agreement 
to  connect  with  such  outside  telephone  lines  in  the  State  of 
Indiana  is  one  of  the  essential  conditions  upon  which  this  fran- 
chise is  granted.  In  case  there  shall  be  any  such  disagreement 
between  said  company,  party  of  the  second  part,  and  the  owner  or 
owners  of-  any  such  outside  telephone  line  or  lines  as  to  the  terms 
and  conditions  upon  which  any  such  connection  shall  be  made, 
as  to  hinder  or  delay  the  same,  then  such  differences  and  dis- 
agreement shall  be  promptly  submitted  to  an  arbitration  com- 
mittee to  be  composed  of  three  freeholders  and  voters  of  the  State 
of  Indiana,  one  of  whom  shall  be  named  by  the  said  company, 
party  of  the  second  part,  one  by  the  owner  or  owners  of  said  out- 
side line  desiring  connection,  and  the  third  by  the  mayor  of  said 
•city,  and  the  decision  of  a  majority  of  said  committee  as  to  the 
terms  and  conditions  upon  which  such  connection  ought  to  be 
made  shall  be  final  and  conclusive  upon  all  such  parties. 

11.  It  is  distinctly  understood  by  both  parties  hereto  that  the 
principal  consideration  for  the  granting  of  the  franchise  and 
privileges  conferred  herein  is  and  will  be  the  securing  of  a  reduc- 
tion of  telephone  rates  to  the  citizens  of  said  city,  and  the  fixing 
of  such  rates  as  hereinafter  provided,  and  the  maintenance  of  such 
reduced  rates  during  the  period  of  time  covered  by  this  contract, 
It  is  therefore  agreed  that  in  case  the  said  company,  party  of  the 
second  part,  should  at  any  time  consolidate  with  or  be  absorbed  by 
any  competing  telephone  company,  or  if  any  such  competing  tele- 
phone company  shall,  directly  or  indirectly,  become  the  owner  of 
one-third  or  more  of  its  capital  stock,  or  should  control,  directly  or 
indirectly,  such  part  of  its  capital  stock,  or  in  case  there  should 
be  any  combination,  collusion  or  co-operation  between  said 
company,  party  of  the  second  part,  and  any  competing  company, 


244  journal  or  common  council.  [Special  Meeting 

or  between  the  stockholders  or  officers  of  such  two  companies 
whereby  the  price  of  telephone  service  as  fixed  herein  shall  be  in 
anywise  increased,  or  any  of  the  terms  and  provisions  of  this  con- 
tract be  modified,  changed,  evaded  or  nullified,  then  all  rights 
hereby  or  herein  granted  to  said  company,  party  of  the  second 
part,  shall  be  forfeited  and  the  franchise  hereby  granted  be 
null  and  void,  and  the  Board  of  Public  Works  of  said  city  shall 
be  authorized  to  declare  the  same  forfeited,  and  proceed  to  grant  a 
new  franchise  for  the  operation  of  said  plant  and  system ;  and  in 
the  event  of  any  such  consolidation,  absorption,  collusion,  com- 
bination or  co-operation  resulting  in  the  increase  of  the  rates  fixed 
herein,  or  in  anywise  impairing  the  force  and  effect  of  this  con- 
tract, the  said  city  shall  have  the  right  to  declare  forfeited  to  the 
City  of  Indianapolis,  and  take  possession  of  all  the  tangible  prop- 
erty constituting  the  telephone  plant  and  system  of  said  company, 
party  of  the  second  part,  and  own  and  operate  or  lease  the  same 
as  the  absolute  property  of  such  city  ;  it  being  distinctly  agreed 
that  such  tangible  property  so  to  be  forfeited  and  taken  would  be 
the  true  amount  of  liquidated  damages  which  would  be  sustained 
by  said  city  by  reason  of  any  such  violation  of  the  terms  of  this 
contract,  and  the  measure  of  such  damages  has  been  thus  defin- 
itely agreed  upon  and  determined  by  the  parties  hereto,  as  afore- 
said. 

It  is,  however,  agreed  by  and  between  the  parties  hereto  that 
the  said  company,  party  of  the  second  part,  shall  have  the  right 
to  consolidate  with  any  competing  telephone  company,  with  the 
consent  of  the  Board  of  Public  Works  of  said  city,  but  only  in 
case  the  said  competing  company  shall  agree,  and  bind  itself  to 
the  satisfaction  of  said  board,  that  it  will  reduce  the  telephone 
rates  to  be  charged  by  it  to  its  patrons,  and  to  all  the  inhabitants 
of  said  city  who  may  become  its  patrons,  to  the  prices  and  rates 
herein  fixed,  and  also  that  it  will  maintain  and  operate  all  the 
lines  established  by  said  company,  party  of  the  second  part,  and 
render  and  furnish  good  telephone  service  at  such  rates  to  all  the 
patrons  which  said  company  may  have  at  the  time  of  such  con- 
solidation, and  to  all  other  persons  in  said  city  residing  on  or  near 
the  lines  of  its  said  system,  and  that  it  will  adopt  and  carry  out 
the  provisions  of  this  contract  as  fully  and  faithfully  as  though  it 
were  a  party  hereto,  and  also  that  it  will  connect  its  system  with 
the  lines  of  any  and  all  independent  telephone  companies  doing 
business  outside  the  City  of  Indianapolis,  with  which  the  system 
of  the  said  company,  party  of  the  second  part,  shall  have  been  con- 
nected at  the  time  of  such  consolidation,  and  shall  also  agree  and 
bind  itself  to  carry  out  all  arrangements  and  contracts  of  said 
company,  party  of  the  second  part,  with  all  such  independent 
telephone  companies. 

12.  The  capital  stock  of  the  said  company,  party  of  the  second 
part,  shall  not  be  increased  beyond  four  hundred  thousand  dollars 


May  4,  1898.]  city  of  Indianapolis,  ind.  245 

($400,000),  nor  diminished,  during  the  period  covered  by  this 
contract,  without  the  express  consent  of  the  Board  of  Public 
Works  of  said  city,  which  consent  shall  be  expressed  in  a  resolu- 
tion to  be  duly  adopted  by  said  Board. 

13.  In  consideration  of  the  grant  of  privileges  herein  contained, 
the  said  company,  party  of  the  second  part,  agrees  and  binds 
itself,  its  successors  and  assigns,  to  furnish  to  the  inhabitants  of  the 
said  City  of  Indianapolis  first-class  telephone  service,  of  the  best 
and  most  modern  character,  at  and  for  the  following  rates  and 
prices,  during  the  entire  period  covered  by  this  contract,  to-wit : 

For  business  houses  situated  within  two  miles  from  the  center  of 
Monument  Place  in  said  city,  forty  dollars  ($40.00)  per  annum. 

For  business  houses  situated  beyond  said  two-mile  limit,  one 
dollar  and  fifty  cents  ($1.50)  per  annum  additional  for  each 
additional  one-fourth  ( j)  of  a  mile  or  fraction  thereof  in  distance 
from  said  Monument  Place. 

For  residence  houses  situated  within  a  distance  of  two  miles 
from  the  center  of  Monument  Place,  twenty-four  dollars  ($24.00) 
per  annum,  and  one  dollar  and  fifty  cents  ($1.50)  per  annum 
additional  for  each  additional  one-fourth  (J)  of  a  mile  or  fraction 
thereof  in  distance  from  said  Monument  Place.  It  is  understood  by 
both  parties  hereto  that  the  words  "service"  and  "telephone 
service,"  wherever  used  herein,  shall  be  construed  and  deemed  to 
mean  twenty-four  hours  continuous  telephone  service  for  and  dur- 
ing each  and  every  day  of  the  year,  and  that  the  rates  above  fixed 
shall  not  apply  to  party  lines. 

14.  And  in  further  consideration  of  the  grant  of  privileges  herein 
contained  the  said  company,  party  of  the  second  part,  agrees  and 
binds  itself,  its  successors  and  assigns,  to  pay  to  the  City  of  Indian- 
apolis the  sum  of  six  thousand  dollars  ($6,000)  per  annum,  one- 
half  of  which  sum,  to-wit:  three  thousand  dollars  ($3,000),  shall 
be  paid  on  the  first  days  of  July  and  January  in  each  year — 
the  first  of  such  payments  of  $3,000  to  be  made  on  the  first  day  of 
July,  1899,  which  is  to  be  an  advance  payment  for  the  following 
six  months,  and  there  shall  be  paid  the  said  sum  of  $3,000  semi- 
annually as  aforesaid  thereafter,  until  the  expiration  of  the  full 
period  covered  by  this  contract.  All  such  sums  are  payable 
without  relief  from  valuation  or  appraisement  laws,  and  to  be  a 
first  lien  on  all  the  property,  moneys,  demands  and  choses  in 
action  of  said  company,  which  lien  may  be  enforced  by  said  city 
in  any  court  of  competent  jurisdiction.  In  case  the  said  company 
shall  fail  to  pay  any  such  sum  of  money,  within  thirty  days  after 
the  same  shall  become  due  as  above  provided,  it  is  agreed  that 
a  penalty  of  fifty  per  centum  on  the  whole  amount  due  shall  be 
added  to  such  amount,  as  liquidated  damages  for  breach  of  this 
contract,  which  additional  amount  shall  also  be  payable  without 
relief  from  valuation  or  appraisement  laws. 

If,  in  default  of  such  payment  as  aforesaid,  the  said  city  shall 


246  journal  of  common  council.  [Special  Meeting 

bring  suit  to  recover  any  such  sum  and  enforce  its  said  lien,  it 
shall  be  entitled  to  recover,  in  addition  to  the  said  principal  sum, 
and  the  fifty  per  centum  penalty  thereon  as  liquidated  damages, 
reasonable  attorneys'  fees,  for  the  institution  and  prosecution  of 
such  suit,  all  of  which  said  party  of  the  second  part  agrees  to  pay: 
Provided,  That  when  the  said  company,  party  of  the  second  part, 
in  the  operation  of  its  said  plant  and  system,  within  said  city, 
shall  have  in  use  six  thousand  (6,000)  instruments — furnishing 
telej)hone  service  to  six  thousand  persons,  firms  and  corpora- 
tions— then  the  said  company  shall  pay  to  the  said  city  the  sum 
of  two  dollars  ($2.00)  per  annum  for  every  such  additional  tele- 
phone service  in  excess  of  six  thousand  (6,000),  such  payment  to 
be  made  semi-annually  as  aforesaid,  and  to  be  in  addition  to  the 
said  payment  of  six  thousand  dollars  ($6,000)  per  year  hereinbe- 
fore provided  for.  And  it  is  also  agreed  that  the  said  company, 
party  of  the  second  part,  shall  on  the  first  days  of  July  and  Janu- 
ary of  each  year,  commencing  with  the  first  day  of  July,  1891), 
make  a  report  to  the  Comptroller  of  said  city,  which  report  shall 
be  in  writing  and  sworn  to  by  its  president,  and  shall  set  forth 
therein  the  number  of  its  patrons  and  the  number  of  telephone 
instruments  it  has  in  use  at  the  date  of  such  report. 

15.  It  is  also  agreed  by  and  between  the  parties  hereto  that 
whenever  any  number  of  citizens  of  said  city  desiring  telephone 
service  shall,  by  written  petition,  show  to  the  Board  of  Public 
Works  that  the  said  company,  party  of  the  second  part,  has  failed 
and  refused  upon  their  request  to  furnish  them  such  service,  the 
said  board  shall  cause  written  notice  to  be  given  to  said  company 
to  appear  before  it  a  time  certain,  to  be  named  in  such  notice,  not 
less  than  three  days  from  the  date  thereof,  and  show  cause  why 
such  telephone  service  should  not  be  furnished  to  such  petitioners  ; 
and  at  the  time  so  fixed  the  said  board  shall  proceed  to  hear  the 
claims  of  said  petitioners,  and  shall  also  hear  the  claims  of  said 
company  and  its  representatives  in  opposition  thereto  ;  and  if  after 
such  hearing  the  said  board  shall  be  of  opinion  that  the  prayer  of 
such  petitioners  should  be  granted  it  shall,  in  writing,  order  and 
direct  said  company  to  furnish  such  telephone  service  at  the  rates 
fixed  herein  to  any  such  persons  so  petitioning,  which  order 
shall  be  final  and  shall  be  acquiesced  in  and  obeyed  by  the  said 
company  and  such  service  furnished  to  such  petitioners  within  a 
reasonable  time,  to  be  fixed  by  said  board  ;  and,  in  case  of  a  failure 
to  furnish  such  service  within  such  time  so  fixed,  the  said  com- 
pany shall  pay  to  the  said  city  as  liquidated  damages  for  the  breach 
of  this  contract  the  sum  of  ten  dollars  ($10.00)  for  each  day  that 
the  furnishing  of  .such  service  is  delayed  after  the  day  so  fixed,  as 
aforesaid. 

16.  It  is  also  agreed  by  and  between  said  parties,  that  if  after 
work  is  commenced  on  the  construction  of  said  telephone  plant, 
as  hereinbefore  provided,  there  should  be  a  cessation  of  said  work 


May  4,  1898.]  city  of  Indianapolis,  ind.  247 

for  a  period  of  thirty  days  without  the  consent  of  said  Board  of 
Public  Works,  or  unless  on  account  of  an  injunction  issued  out  of 
some  court  of  competent  jurisdiction,  or  on  account  of  a  strike  or 
some  other  cause  over  which  the  said  company,  party  of  the  second 
part,  shall  have  no  control,  the  said  Board  shall  have  the  right  to 
declare  the  franchise,  and  all  rights  herein  granted,  forfeited,  and 
make  such  contract  as  it  deems  advisable  with  other  persons  or 
corporations  for  the  completion  and  operation  of  said  plant;  and  it 
is  also  agreed  that  after  such  plant  shall  have  been  completed,  or  so 
far  completed  that  a  telephone  exchange  shall  be  in  operation,  if 
there  shall  be  a  cessation  or  interruption  of  telephone  service  to 
the  patrons  of  said  company  for  a  period  of  ten  days,  except  by 
consent  of  said  board,  or  in  case  of  an  injunction  as  aforesaid,  or 
strike  or  other  cause  over  which  said  company  could  have  no  con- 
trol, the  said  board  shall  have  the  right  to  declare  all  the  rights  of 
^aid  company  under  this  contract  and  franchise  forfeited  to  said 
city,  and  shall  have  the  right  to  take  possession  of  and  operate,  or 
lease  the  said  plant,  or  take  such  other  steps  as  it  may  deem 
necessary  to  secure  efficient  and  continuous  telephone  service  to  all 
persons  having  contracts  with  said  company  or  connections  with 
its  said  system. 

17.  It  is  also  agreed  that  the  franchise  and  privileges  herein 
granted  by  the  City  of  Indianapolis,  are  so  granted  upon  the  dis- 
tinct condition  that  neither  such  franchise,  nor  any  rights  granted 
by  this  contract  shall  be  assigned,  nor  in  any  manner  transferred 
by  the  said  company,  party  of  the  second  part,  either  directly  or 
indirectly  without  the  consent  of  the  Board  of  Public  Works  of 
said  city  expressed  in  a  resolution  regularly  adopted  by  said  board. 

18.  The  said  company,  party  of  the  second  part,  shall,  as  par- 
tial security  for  the  performance  of  this  contract,  deposit  with  the 
said  Board  of  Public  Works  within  five  days  after  the  ratification 
hereof  by  the  Common  Council  of  said  city,  the  sum  of  twenty-five 
thousand  dollars  ($25,000)  in  the  lawful  money  of  the  United 
States,  ten  thousand  dollars  of  which  amount  has  already  been  paid 
by  it  to  said  board,  the  receipt  whereof  is  hereby  acknowledged,  leav- 
ing the  additional  sum  of  fifteen  thousand  dollars  ($15,000)  yet  to 
be  deposited  within  the  time  fixed  as  aforesaid.  It  is  agreed  that 
said  sum  of  twenty-five  thousand  dollars  shall  be  refunded  to  said 
company,  party  of  the  second  part,  at  the  times  hereinafter  pro- 
vided, as  the  work  of  constructing  said  telephone  plant  and  system 
progresses  and  the  successful  operation  of  the  same  is  accom- 
plished, subject  to  the  conditions  and  limitations  herein  con- 
tained: Ten  thousand  dollars  of  said  amount  so  deposited  shall 
be  refunded  as  aforesaid  when  all  the  conduits  and  ducts  neces- 
sary in  the  construction  of  said  telephone  plant  and  system  as 
hereinbefore  provided  shall  have  been  placed  under  ground  in  the 
territory  bounded  by  North,  South,  East  and  West  streets  as 
aforesaid,    and   when   the   streets,    alleys,    sidewalks  and   public 


248  journal  or  common  council.  [Special  Meeting 

grounds  through,  across  and  under  which  such  conduits  and  ducts 
shall  be  laid,  have  been  restored  to  as  good  condition  as  they  were 
when  such  work  was  commenced,  in  accordance  with  the  pro- 
visions and  requirements  of  said  contract: 

The  further  sum  of  five  thousand  dollars  ($5,000)  shall  be  so 
refunded  when  the  poles  and  aerial  structures  have  been  erected 
and  the  necessary  wires  strung  thereon,  and  the  said  plant  com- 
pleted in  that  respect  to  the  satisfaction  of  said  board,  and  in 
accordance  with  said  contract  within  a  radius  of  two  miles  from 
the  soldiers  and  sailors  monument  in  Monument  Place  in  said 
city,  it  being  reserved  to  said  board  to  determine  when  there  has 
been  a  substantial  compliance  with  this  provision: 

The  further  sum  of  five  thousand  dollars  ($5,000)  shall  be  so 
refunded  when  the  said  plant  and  system  have  been  completed 
according  to  the  terms  of  said  contract,  .all  parts  thereof  connected 
with  the  central  office,  or  exchange,  and  good  and  efficient  tele- 
phone service  shall  have  been  rendered  to  all  the  patrons  of  said 
company  in  a  manner  satisfactory  to  said,  board  for  a  period  of 
thirty  (30)  days;  and  the  remaining  five  thousand  dollars  ($5,000) 
shall  be  so  refunded  when  the  said  plant  and  system  have  been  in 
operation  in  a  manner  satisfactory  to  said  board,  and  in  accord- 
ance with  said  contract,  at  the  rates  herein  contracted  for,  and 
first-class,  modern,  efficient  telephone  service  shall  have  been 
rendered  to  the  inhabitants  of  said  city,  desiring  and  entitled  to 
receive  the  same  under  the  provisions  of  this  contract,  for  the 
period  of  three  months  from  the  date  of  the  refunding  of  the  last 
preceding  sum  of  five  thousand  dollars  ($5,000).  JNo  part  of  said 
money  so  deposited  shall  be  refunded  to  said  company,  party  of 
the  second  part,  unless  the  conditions  of  this  contract,  as  above  set 
forth,  are  complied  with  by  it  as  aforesaid. 

19.  And  as  further  security  for  the  performance  of  the  condi- 
tions of  this  contract,  the  said  company,  party  of  the  second  part, 
at  the  time  of  the  completion  of  said  deposit  of  $25,000,  and 
before  exercising  any  of  the  rights  herein  granted,  shall  execute 
and  file  with  said  Board  of  Public  Works,  its  bond,  with  good 
and  sufficient  sureties,  to  the  satisfaction  of  said  board,  in  the 
sum  of  twenty-five  thousand  dollars  ($25,000),  which  bond  shall 
be  conditioned  for  the  faithful  performance  by  said  company  of 
each  and  every  stipulation  and  agreement  contained  in  this  con- 
tract, and  for  the  carrying  out  of  all  the  terms  and  conditions 
thereof  during  the  entire  period  and  term  covered  thereby,  and 
the  said  Board  of  Public  Works  shall  have  the  right,  at  any  time 
during  said  period,  whenever  the  surety  on  said  bond  shall  not  be 
deemed  ample  and  satisfactory,  to  require  such  additional  surety 
thereon  as  it  may  deem  necessary,  and  if  the  said  company  shall 
on  the  reasonable  demand  of  such  board,  refuse  and  fail  to  furnish 
such  additional  surety,  then  its  rights  under  this  contract  shall 
cease,   and  the  franchise  hereby  granted  be  forfeited,   such  for- 


May  4,  1898.]  city  of  Indianapolis,  ind.  249 

feiture  to  be  enforced  in  any  court  of  competent  jurisdiction: 
Provided,  That  the  said  bond  shall  be  renewed  at  the  expiration 
of  each  period  of  five  years  during  said  term  of  years  with 
security  to  the  satisfaction  of  said  board,  each  bond  that  is  to  be 
so  renewed  to  be  in  full  force  until  the  said  renewal  bond  is 
approved  by  said  board;  and  the  board  reserves  the  right  to 
reduce  the  amount  of  said  bond,  after  the  completion  of  said 
plant  to  an  amount  not  less  than  fifteen  thousand  dollars 
($15,000). 

20.  And  as  additional  and  further  security  for  the  performance 
of  the  conditions  and  stipulations  herein  contained,  the  said  com- 
pany, party  of  the  second  part,  at  the  time  of  executing  and  filing 
the  said  bond  in  the  sum  of  $25,000,  mentioned  in  the  last  preced- 
ing paragraph,  shall  also  execute  and  file  with  said  Board  of  Pub- 
lic Works  another  bond  payable  to  said  city,  in  the  sum  of  ten 
thousand  dollars  ($10,000)  specially  conditioned  for  the  indemni- 
fication of  said  city  against  all  loss  by  reason  of  damages  sustained 
by  any  person,  firm  or  corporation  by  reason,  or  growing  out  of 
the  construction  or  operation  of  the  said  telephone  plant  and  sys- 
tem, or  any  of  the  wTork  done  by  said  company  in  such  construc- 
tion on  or  in  any  of  the  streets,  alleys  or  other  parts  of  said  city, 
and  also  conditioned  that  the  said  city  shall  be  saved  harmless 
from  the  payment  of  any  sum  to  any  person,  firm  or  corporation 
on  account  of  any  act  or  omission  of  said  company,  its  agents, 
officers,  or  employes,  either  in  the  construction  of  said  plant  or  in 
the  operation  thereof,  or  the  payment  of  any  judgment  which 
may  be  rendered  against  said  city  in  any  action  based  on  any  such 
act  or  omission;  and  also  that  it,  the  said  company,  shall  comply 
with  all  the  terms  of  this  contract  concerning  the  indemnification 
of  said  city  against  loss.  The  said  bond  shall  be  renewed  at  the 
expiration  of  each  period  of  five  years  during  said  term  of  years 
with  security  to  the  satisfaction  of  said  board,  each  bond  to  be  in 
full  force  until  the  bond  in  renewal  thereof  is  approved  by  the 
board;  and  the  said  board  may  require  said  bond  to  be  renewed  at 
any  other  time  when  it  deems  the  security  thereon  inadequate,  or 
when  such  bond  becomes  impaired  in  amount  by  reason  of  judg- 
ments, claims  or  otherwise. 

21.  In  case  the  party  of  the  second  part,  its  successors  or  assigns, 
shall  violate  any  of  the  terms  or  obligations  herein  contained, 
then  and  in  that  event,  a  right  of  action  for  breach  of  contract 
shall  immediately  accrue  upon  either  of  the  bonds  aforesaid  as  may 
be  appropriate,  for  any  injury  or  damage  arising  out  of  such  breach 
of  contract. 

22:  The  City  of  Indianapolis,  party  of  the  first  part,  reserves  to 
itself  all  rights  and  powers,  which  are  now,  or  may  hereafter  be 
vested  in  its  Common  Council  or  other  officers  concerning  the  reg- 
ulation of  the  use  of  its  streets,  alleys,  avenues  and  public  places, 
to  prevent  the  encumbering  of  the  same,  to  regulate  and  protect 


250  journal  of  common  council.  [Special  Meeting 

sewers,  to  prohibit  the  digging  into  such  streets,  alleys,  avenues 
and  public  places,  and  other  injury  to  the  same,  and  it  also 
reserves  the  fullest  right  to  exercise  any  and  all  of  its  police  powers 
at  any  time,  and  nothing  herein  contained  shall  be  so  construed  as 
to  any  wise  abridge  any  of  such  powers. 

In  Witness  Whereof  we  have  hereunto  set  our  hands  and  seals 
this  the  twenty-seventh  day  of  April,  1898. 

City  of  Indianapolis, 
By  M.  A.  Downing, 
W.  Scott  Moore, 
T.  J.  Montgomery, 
[seal.]  Board  of  Public  ^Yorks. 

New  Telephone  Company. 

By  A.  H.  Nordyke,  President. 
Attest,  H.  B.  Gates,  Secretary. 
And  Whereas,  Said  contract  and  agreement  has  been  submitted 
by  the  Board  of  Public  Works  of  the  City  of  Indianapolis  to  the 
Common  Council  of  said  city  for  its  action  thereon  ;  therefore, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City 
of  Indianapolis,  Indiana,   That  the  above  and  foregoing  contract, 

made  and  entered  into  on  the day  of  April,  1898,  by  the  City 

of  Indianapolis,  Indiana,  by  and"  through  its  Board  of  Public 
Works,  and  the  New  Telephone  Company,  be  and  the  same  is 
hereby  in  all  things  ratified,  confirmed  and  approved,  and  the  said 
New  Telephone  Company  is  hereby  granted  the  rights  and  priv- 
ileges, for  the  time  herein  mentioned,  as  in  said  contract  and 
agreement  set  forth,  in  accordance  with  and  subject  to  the  terms, 
provisions,  conditions  and  limitations  thereof. 

Sec  2.  An  emergency  existing  for  the  immediate  taking  effect 
of  this  ordinance,  the  same  shall  be  in  full  force  and  effect  from 
and  after  its  passage. 

Which  was  read  a  first  time  and  referred  to  Committee  on 
Contracts  and  Franchises. 

By  Mr.  Higgins: 

G.  O.  No.  38,  1898.  An  ordinance  providing  for  the  appointment  of  a 
custodian  and  assistants  for  the  City  Hall,  fixing  the  salaries  thereof  and 
fixing  the  time  when  the  same  shall  take  effect 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the  City  of 
Indianapolis,  Indiana,  That  the  Department  of  Public  Works  of  said 
city  be,  and  is  hereby  authorized  and  empowered  to  appoint  a  custodian 
for  the  City  Hall  (city  offices)  together  with  two  assistants  who  shall 
perform  such  duties  as  may  be  assigned  them  by  said  department. 

Sec.  2.  The  salary  of  the  custodian  provided  for  in  the  preceding 
section  shall  be  the  sum  of  sixty  dollars  ($60)  per  month,  or  seven  hun- 
dred and  twenty  do