THE UNIVERSITY OF ILLINOIS LIBRARY T77^o 1 Return this book on or before the Latest Date stamped below. A I charge is made on all overdue I books. University of Illinois Library Man “7 1941 M32 Digitized by the Internet Archive in 2016 -'S rv https://archive.org/detaiis/generalordinanceOOfort REVISION AND COMPILATION OF 1901. THE General Ordinances OF the CITY OF FORT WAYNE, CONTAINING, ALSO, ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AS FAR AS THEY CONTROL SAID CITY, TO WHICH IS PREFIXED A Chronological Roster of Officers FROM 1844 TO 1901, AND RULES GOVERNING THE COMMON COUNCIL. PUBLISHED BY AUTHORITY OF THE COMMON COUNCIL. INTRODUCTORY This edition of the ordinances is not strictly a revision, but rather a revision and compilation of all the ordinances in force on the seventeenth day of January, 1901, combined. The revision was made necessary by the adoption of the New Charter for the City, in May, 1894. The phraseology of many of the ordinances had to be changed in order to be in harmony with the provisions of the Statute. To meet this, the council in many instances, enacted entire new ordinances rather than amend the old ones, and in this edition, it will be found that nearly all the ordinances have been enacted since May 1st, 1894. Those that were not so enacted stand as being passed of the date of the revision of 1887, and is referred to as of the chapter of that revision. In connection with all the General Ordinances of the city up to the seventeenth day of January, 1901, the edition contains a compilation of the Acts of the Indiana Legislature so far as they specifically relate to and control said city. In the foot notes, reference is made to the records in which the different ordinances are recorded by the clerk. The Index has been made very full, so that any topic may be readily found. W. H. Shambaugh. City Attorney. -Ki Bif ^''^K A ''" ■ ' ’‘•^i cs’’'^ ■ "'^ /'^ ■ « ' ''"* ■■ ‘tJ ^*' --^\i “' i.’"^*i V '' „^N%A-^ '"-VV : ' , ^ f ■.■ .•♦^’' 1 y*i ’ i i_ ’ - >■’ ./ V ,4‘ - “.V’ . >u*. '.',*■ V ' i ‘TJWB * • • «>o;-, '.^ ■ . ■/ ■- ■ rttidiHBBHi .' iSw 4,-'MVirjf:-‘- VJrtn^KMH^BI ., .'4i. ■ ^'' '-V ' V - •■ n. :<) v.:cl^t-' ' rS* k, ' M ■• . ff .. 4 - ■< .^’i ■• ^ ,■ • h • ' -i^’jMfa ■'Iflra •••• - -^iTTy^ ,. ■ ' ■' ■ ’ '■ • i L 1 •'&■■* V.' . ■•;■ - .-a '■-■ -''■ ‘t' j^'--'- 7 Ui : « . . .' A i TABLE OF CONTENTS PARTT I. Chronological roster of officers 1- 84 PAR'r II. Rules of Council 87-98 RARX III. General charter act 98-183 General laws relating to cities and towns 183-189 Firemen’s pension fund 189-200 An act concerning the punishment of women and girls convicted of crimes and of city ordinances 201 Home for Friendless Women 202-203 Misdemeanors 203-204 Schools 204-220 An act concerning the education of childre i 220-223 Library 224-225 Water works ’ 225-233 Crimes 204 PARX IV. General ordinances of the City of Fort Wayne, in force -Jan. 17, 1901. .235-517 V GENERAL INDEX Animals 368,369, 501 Areas, annexation 471, 480 Auctioneers 408 Bacteriological laboratory 428, 514 Bicycles 373 Billiards 411 Boundaries 493, 495 Bonds, official 484, 485 Bonds, city 497, 499 Branch stores 410 Bridges 382 Bread 443 Buildings 448,449, 464 Car fenders 481 Changing name of street 487 to 492 Circuses and shows 378, 379 City limits 493 City seal 484 Condemnation 473 County Auditor 478 Curfew law 379, 380 Dead animals 434 Diseased horses anl cattle 385 Disinfecting 436 Electric hanging lamps, railroad crossings 395 Fire arms 371 Fire alarm 384 Fire plugs 386 Fire limits ! 445, 449 Fire chief 445, 448 Fire department 450, 451 Fines, remission 481 Garbage 435 VI GENERAL INDEX. Home Telephone Company 342 to Hose House moving Holidays Houses, numbering Intelligence office Intoxicating liquors, 357, Injuring sidewalks Junk shops Leaves Licenses 416, Loitering 362, Mayor ' Markets — Harrison stieet “ Barr street 387, Milk 420, Natural gas 325 to N. Y. C. & St. L. railroad, contract with city 350 to Nuisances 430 to Oil 405 to Officers Offenses 360, Ordinances, interpretation 495, Partition fences 356, Party walls 353, Parks Petroleum 381, Peddlers and hawkers 405, Permits ‘ 395, Personal property, sale of Plumbers’ license 405, 406, Poles and wires 377, 378, Ponds Privy vaults Privies Public health 425, 427, Public hall School trustees , 505, Safety gates 393, Sewers and drains 395 to Sidewalks 372, 373, 458, 474, Slaughtering houses Vll 350 448 457 483 469 516 360 372 375 374 419 367 122 385 391 425 338 353 433 406 479 368 496 357 355 379 382 406 402 475 467 412 441 468 468 428 383 507 394 400 500 434 Vlll GENEKAL INDEX. Soap factory 433 Smoke stacks 440 Street sprinkling 372 Street and alleys 414, 415, 451 to 457, 467, 500 Stone throwing 362 Street Railways — Port Wayne Street Railway Company 237 to 291 Citizens’ Street Railway Company 240 to 241 C. L. Centlivre 241, 284 R. T. McDonald 268 to 274 Fort Wayne Electric Railway Company 266 to 268 Indiana & Ohio Traction Company 292 to 307 Fort Wayne & Southwestern Traction Company 307 to 325 Telegraph company 339 to 342 Traction engines 373, 374 Theatres 383, 384 Transcripts 478 Union label 482 Wards 507 Wholesaling and retailing provisions 385, 387 Water 385, 428 Weeds 438 Weighmaster 514 Williams park 499 Wood 514 ....OFFICERS OF.... The City Government ...OF THE CITY OF... FORT WAYNE, INDIANA, From 1840 to 1901. ARRANGED BY HENRY B. MONNING, CITY CLERK. CITY OFFICEKS. 3 ROSTER OF CITY OFFICERS HON. GEORGE W. WOOD, ALvyor F. r. RAN DALE, Recorder MEMBERS OF THE COMMON COUNCIL. WiEUAM RoCKHIEE Thos. Hamilton b ^Iadison Sweetser b Samuee Edsaee W iEEiA:\i S. Edsaee W iEEiAM D. Moon CITY OFFICERS F. P. Randaee Geo. E. Wright . Samuel S. Morss Samuel S. Morss a Rorert E. Fleming James Post Joseph H. McMaken Samuel Eds all . John R. Cocanour Attorney Treasurer High Constable Collector Assessor Marketmaster Street Commissioner Chief Engineer Lumber Measurer a Resigned January 15, 1840, and Joseph Berkley appointed to fill vacancy on same day. b Resigned IMay 6, 1840, and Joseph E. Hill and Joseph Morgan elected June 5, 1840, to fill vacancies. 4 LAWS AND ORDINANCES ROSTER OF CITY OFFICERS 1 1 1 . HON. GEORGE W. WOOD, Mayor a F. P. RANDALL, Recorder MEMBERS OF THE COMMON COUNCIL. H. T. Dewey Philo Rumsey Henry Sharp A. S. Johns Chari.es G. French William M. Moon CITY OFFICERS 1^'. P. Randall (d-:orge F. Wright Bradford !>. Stiaens . Richard ^McMullen b S. .M. Black John B. Cocanocr Daniel McGinnis Rop,i<:ri' Hood Attorney 'I'reasiirer Collector Hig-h Constable Assessor Lumber Measurer b'lonr Inspector IMarketmaster a Resigned July 5, 1841. and vacancy filled August 2, 1841, by election of Josejih iMorgan. h Superseded .Vugust 2, 1841, by Bradford B. Stevens. CITY OFFICERvS. 5 ROSTER OF CITY OFFICERS 1 HOX. lOSEPH MORGAN, Mayor WILLIAM LYTLE, Recorder MEMBERS OE THE COMMON COUNCIL. Hiram T. Dewey IIexry Cooper losivPii Scott Phieo Rumsey Henry Sfiarp Wieua:m L. Moon CITY OFFICERS I Bradford B. Stevens a (lEOROE F. Wright b Henry Lot Rop.ert E. Fleming Ih)WAR1) StA1‘LEFOR1) Da n t ei. M c Gt n n 1 s c John B. Cocanour Hinnry Cooper William L. Moon d O. Bird Pe'i er Kiser a Resii^ned August 3, 1842 High Constable Treasurer Street Commissioner Assessor Collector Flour Inspector Lumber Measurer Attorney Chief Engineer Surveyor Marketmaster and James Crumley elected same day to fill vacancy. Resigned September 10, 1842, and Edward Stapleford elected same day to fill vacancy, which he resigned September 15, 1842, and was succeeded by O. W. jefiferds. Resigned August 20, 1842, and Daniel Garnsey appointed September 5, 1842, to fill vacancy. Resigned August 6, 1842, vacancy continued. Resigned August 29, 1842, and S. C. Freeman elected Sei)teml)er 26. 1842. to fill vacancy. 6 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS 1 IIOX. HENRY LOTZ, Mayor WlLUAAf LYTLE, Ri^:corder iML^IliLRS OF THE CO]\mOX COUNCIL. EkanklIxN F. Randael LVSA NDKR Wl LLl A YIS PiiiLo H. Taylor Hl(;ii McCulloch John W . Cocanour M. W. Hu I] HELL CrrY OEEICERS Lucian R. I^'erry Oliver W. Jefeicrds James Crltmley . James Crumley . W Stewart William Rockiiii.l John Cocoirane . O. ])1R1) Attorney 1'reasiirer Collector High Constable Street Commissioner Assessor Chief Engineer Surveyor lU.)ARl) Oh' HEALTH Dr. Chas. Schmitz Dr. Lewis Beecher Dr. H. R. Ayres CITY OFFICERS. ROSTER OF CITY OFFICERS 1 I . HOX. HENRY LOTZ, Mayor a WILLrAM LYTLE, Recorder b IMLMHLRS OL THE COMMON COUNCIL A [organ Lewis d Sa.muee H. Shoaff Henry Wiujams Ceeves D. Silver John Cochrane [ oHN B. Dubois CriA" OEEICERS Samuel Bigger c T iioM AS Pritchard S. AI. B.lack \V I LLi A M Stewart W iLLiAM Stewart Wm. Stian'art O. W. Jefferds . Peter Riser Attorney Chief Eiy^-ineer Assessor Hig-h Constable Collector Street Commissioner i'reasnrer Alarketmaster BOARD OF HEALTH Dr. Lewis Beecher Dr. Chas. Schmitz Dr. Lewis Thompson a Discharged July i, 1844, and succeeded by John M. Wallace. b Resigned Alay 5, 1844, and Robert Lowry elected the same day to fill vacancy. c Sujierseded by John W. Dawson December 9, 1844. d Resigned August 6, 1844, and S. M. Black elected August 26, 1844, to fill vacancy. 8 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS 1 « HON. JOHN M. WALLACE, Mayor a OLIVER P. MORGAN, Recorder MEMBERS OF THE COMMON COUNCIL S. M. Black James Humphrey Philo Rumsey b Charles Paige Henry W. Jones John B. Dubois CITY OEFHCERS O. W. Jefeerds W. P>. Wilkinson John W. Dawson W. B). Wilkinson William H. Prince Treasurer High Constalile xTttorney Collector Assessor BOARD OF HEALTH Dr. Lewis Beecher Dr. Chas. Schmitz Dr. Lewis Thompson a Resigned May 8, 1846, and M. W. Huxford elected May 26, 1846, to fill the iinexpired time. b Resigned May 26, 1846, and Charles Fink elected to fill vacancy. CITY OFFICEKvS. 9 ROSTER OF CITY OFFICERS i<>. HOX. M. W. HUXFORD, Mayor WILLIAM I.YTLE, Recorder a MEMBERS OE THE James B. Hanna b Henry Sharp James Hptmi>hrey CITY John W. Dawson Joseph Morgan . Robert Hood Oliver W. Jefferds Cleves S. Silver . S. M. Black S. M. B,lack I. D. G. Xelson . COMMOX COUXCIL Richard McMcu.en c Samuel S. AIorss d C IT ARISES I^Fnk :^EICERS Attorney Assessor Market Master Treasurer Hio'h Constalile Street Commissioner Surveyor in our Inspector BOARD OE HEALTH Dr. Lewis Beecher Dr. Chas. Schmitz Dr. Lewis Thompson a Resip'iied June 12, 1846, and Jolm B. Du 1 )ois elected same day to fill vacancy. b Resio'iied October 5, 1846, vacancy continued. c Resip;ned May 4, 1846, and J. P. Munson elected June i. 1846, to fill vacancy. d Resigned Seiitember 8, 1846, and Samuel Sto])blel elected October 5, 1846. to fill vacancv. 10 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS 1 iT . HOX. A[. W. Hl’XIX)RD, .AfAYOR JOHX l‘>. DR 1 U)IS. Recorder MRMIU^RS THE COlVliVlOX COUXCIL Jacop. I.i'Avis James W AfE^xsoN b HEAMn- Sharp John Cocanour John Cochrane Charles I^Ank CITY OFFICERS ClEVES S. SlLWiR . Samhet^ Stoimilet O lJVER P. AIorgan C r,E\'ES S. Silver . High Constable a Assessor A reasurer Collector a BOARD OF HEALTH Dr. Lewis Beecher Dr. Chas. Sch^iitz Dr. Lewis Ttioaipson a Resigned June to, 1847, vacancy filled the same hy election of Jacob Hnll. b Resigned Alay, 1847, vacancy continued. CITY OFFICERvS. 11 ROSTER OF CITY OFFICERS 1 i HOX. M. W. HUXFORD, Mayor OLIX^ER P. MORGAN, Recorder MEMBERS OE 'FHE COjMMON COUNCIL CiiAREES Muheer Hexrv Share Joiix Cochraxe Johx B. Cocaxour JoilX CoXOER Aeex. 'McJuxkix CITY OFEICERS T. J. Price a N. P. Stock BRIDGE Charles G. Frexch Jacob ITull Hio'h Constalile i reasurer Assessor Collector BOARD Ol' HEALTH Dr. FIexrv Wehmer Dr. H. P. Ayres Dr. C. E. Sturgis a Office declared vacant Aiignst 7, 1848, and Daniel Gavlord elected to dll vacancy the same dav. 12 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS 1 ii>. IION. WIIXAM STEWART, Mayor OLIVER P. MORGAN, Recorder MEMIVERS OF THE COMMON COUNCTL A. M. Mrji'NKiN IM-:ter M. Pa [LEY Jam es H l.m rhrey Michael Hedekin P. W. Oakley Charles Muhler CITY OEEICERS Sa.mi'ei, C. I^'reeman Samuei, C. Freeman Samuel C. IYeeman C nARLi<:s G. French X. F. S'l'OCKHRrOGE John P. Cocanour Hig'h Constalile a Collector a Street Commissioner a Assessor I'reasurer Chief Eng-ineer POARD OE FIEALTH Dr. Henry Wehmer Dr. H. P. Ayres Dr. C. E. Sturgis a Appointed Jannary 6. 1851. to fill Yacancy caused by John P. Cocanonr’s de])artnre for California. a Resig'iicd all three offices April 6, 1849, and succeeded 1)Y John P. Griffith April 7. 1849. who resigned Sci)tem 1 )er 14, 1841). and was succeeded the same day 1)Y J(dm Spencer. CITY OFFICEKS. 13 ROSTER OF CITY OFFICERS 1 MOX. WILL ,IAA1 STEWART, AIayor OLI\'l{R I \ AIORGAX, Recorder YIXMBFRS Ol^^ THE COIVIAIOX COUXCIL A. Y. YcJunkin lllANRV SllARl> W. II. ICUANT C. And1':rson James Humriirey B. W. Oakley CITY Ol'inClcRS WiLi.iAM W. Carson . . Attorney Hfnr'>' R. Colfrlck . . Assessor BOARD OF lIItALIlB I. D. G. Xefson John Cochrane D. W. Bcrrocc.iis 14 IvAWvS AND ORDINANCES. ROSTER OF CITY OFFICERS 1 1 . a HON. WILLIAM STEWART, Mayor Recorder — Duties Performed By Mayor MEMBERS OE THE COMMON COUNCIL O. W. Jeeferds Jami-:s Howe D. P. Hartman O. Bird I4^ter Kiser R ( ) H 1^: r 'I' A R M s'r ro N G CITY T. I). DeKay W. W. Carson Morris Cody Morris Cody Ben.i. Towio< OEEICERS County Treasurer Attorney High Constable Street Commissioner Chief Engineer BOARD OE HEALTH T. D. G. Nelson John Cochranb’ D. W. Burroughs a Charter amended by the General Assembly in 1851 ; act approved Eebruary 8, abolishing the offices of Treasurer, Assessor, Collector and Recorder, making it the duty of the Mayor to perform the duties of Recorder. The duties of the Treasurer, Assessor and Collector were transferred to the proper officers of the county. Section 7 of said amended act also ])rovides for the annual election of IMayor and High Constable. CITY OFFICERS. 15 ROSTER OF CITY OFFICERS 1 HON. P. G. JONES, Mayor Recorder — Duties Performed By Mayor MEMr,ERS OE THE COMAION COONCIL R. McMullen ■ ( ). I>ird H. R. CoLERiCK Roi’.ert Armstrong; James Humphrey Jonas W. Tow'nley CITY OFFICERS T. D. DeKay Willi a m F l e m i n g Samuel C. Freeman Edward Smith County Treasurer High Consta1)le Chief Engineer Street Commissioner BOARD OE HEALTH John Cochrane D. W. Burroughs I. D. G. Nelson 16 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS l«^3. HON. CHARLES WHITMORE, Mayor RiicoRDER — D uties Performed By Mayor » MEMBERS THE COMMON COUNCIL John J. Trentman Jamies Vaxdegrtff Milton Henry Vred Nirdlinoer John Drake a Henry Drover CITY OEINCERS T. D. DeKav Samuel I^'ri':eman E. P. Randall . Wiluam Lannin S. C. Freeman Washi NO roN DeKay County Treasurer Hio'h Constalile .Vttorney Street Commissioner Chief Engineer Wood .Measurer TRUSTEES OF PUBLIC SCIKdOLS Hlthi McCulloch Charles Case Whjja:m Stewart BOARD OF HEALTH I. D. Cj. Nelson John Cck^'iirane D. W. I)URROUGHS (1 Resigned May lo, 1853, and succeeded by Richard Chute, who resigned June 17, 1853. CITY OFFICEKS. ROSTER OF CITY OFFICERS HOX. CHARLES WHITMORE, Mayor W. IL ELLIS, City Clerk b *HEM1UH^S OE THE COMMON COUNCIL M'ilijam Loercer Joux ( )rfe John Arxoll H. M^E TIMER Eraxcfs Aveiane Joiix M. S XT VERY John M. Mtlt.er Moses Drake Platt J. Wtse Isaac Lauferty W. H. Link A. AT. Webtt CITY Charles AUhiler E. J. Erank Bernard Hhtker Chart,t^:s Case c . L i:\Yis Woi,KE S. S. AIorss d I). W. lU’RROLGHS OEEICERS FreasiTi'er Hig-h Constable Street Commissioner Attorney Chief Eng-ineer Assessor Sealer Weights and A'Teasnres BOARD OE HEALTH Dr. W.m. H. Brooks Dr. P. M. Leonard Dr. James Ormiston e 18 LAWvS AND ORDINANCES. TRUSTEES OE PUBLIC SCHOOLS James Humphrey Henry Sharp Cpiarees G. Frencpi a The act of the General Assembly of the State of Indiana, amending the charter of Fort Wayne, approved , 1854, provided for the election, on the second Tuesday of March of each year, by the qualified voters, of a Mayor (who shall be the pre- siding officer of the Common Council), two Council- men from each ward (by the voters thereof res])ectively) , a Clerk, Assessor, Treasurer, Street Commissioner and Marshal, who shall severally hold their offices for one year. b Defaulter and absconded, office declared vacant July 29. 1854, and A. J. Emerick elected August 23, 1854, to fill vacancy. c Resigned October 18, 1854, and Isaac Jenkinson elected the same day to fill vacancy. d Resigned January 13, 1855, and William D. Henderson elected January 24, 1855, to fill vacancy. c Resigned June i, 1854, and succeeded by Dr. Francis Lielier. CITY OFFICERS. 19 ROSTER OF CITY OFFICERS 1 HOX. WILLIAM STEWART, IMavor R. X. (I()I)RvEY, City Clfrk MEMIUMLS ' P. Hoacj.axi) E. l>OST!CK Hfxrv ]*)Aki:r JoiIX ArXOU) C'hAIOJCS I'iXK CHA' C. A. Rfkicrs W'lM.IAM W. CaRSOX . Patrick AIcCkf . Joiix Grfer James P>. Teiveer a IT McEefatrick . Jorrx Eairkieei) b . V>. Sai’xders commox council E. IT Raxdale Joiix M. Mieeer Axdriav UameeI': C. W. Aeeex A. M. Week IMACIeRS Treasurer Attorney Hio'h Consta1)le Street Commissioner Chief Eiy^'ineer Civil Engineer Marketmaster Sealer Weights ami Measures R>()ARI) Oh' IIEAETII Dr. Hricker J. ]). Wori)i-:x E. J. Erank 20 LAWvS AND ORDINANCES. TRL'STEES OI' l^UHLIC SCHOOLS Charles G. French William S:sirni James JIumphrey (.1 Succeeded by Henry Baker October 15, 1855. b Resigned August 28, 1855, Weld) elected Se])tember 4, 1855, to fill vacancy, and succeeded by Henry Monning vSe])teniber 18, 1855. CITY Ol'lTCKHvS 21 ROSTER OF CITY OFFICERS 1 >. HON. WILLIAM STEWARI^ Mayor A. C. LROfLVSCO. City Ccerk mExMiryRS oe the Ja.mi:s ( )r.m is'i'ox M ichai<:l 1 1 i>:i)EKiN 1 J K R .M A X X I !•: R Y I a X Wi M.i am cK ixckv A. M. Wkui; COAIMON COUNCIL c I^IIOMAS StEVEXS 1If:XRY I) AKER j. 1). WoRDEX WiEijAM T. Pratt C'OXRAI) P)AKER CITY OICNCERS C. A. Reki<:rs Hexry Crist J onx Hardexuorf Patrick McGee . Charles Eorbes . S. C. Ericemax S. C. f^REICMAX b I'rcasurer Assessor Street Commissioner Marshal Civil Engineer Chief Engineer Sealer Weights and Measures Attorney P>OARl) Oh' HEALTH JoHX Cochrane Thomas Ticar Dr. 11. Wehmer 22 LAWS AND ORDINANCES. TRUSTEES OF PUBLIC SCHOOLS F. P. Randall d Ci-iarles G. French James Humphrey John M. Miller Charpes E. Sturgis a Resigned May 27, 1856, and Thomas Meegan elected to fill vacancy June 3, 1856. h On motion of Councilman Welib the office of City Attorney was abolished. c Wards reduced from six to five, with two aldermen from each. d Succeeded by Pliny Hoagland. CITY OFFICEKS. ROSTER OF CITY OFFICERS HOX. SAMUEL S. MOKSS, Mayor CIIRISTIAX TRESSELT, City Ceerk CITY OEETCERS CcCXRAI) XlLU Ratrick Mc(iKI£ . CiiRiSTiAX Cook . (ilCOIU'.F. IlUMI’HREY Ja.mes Howe WS ujAM Stfavart 1 )Exj AMIN Saunders Treasurer Xlarshal Street Commissioner Chief Eng-ineer Assessor iMarketmaster Sealer Weigiits and Measures HOARD OE HEALTH D. H. Weiimer John Cochrane O. W. Jefferds TRUSTEES OE I?UHL1C SCHOOLS WiEUAM Rockhiee Wieuam H. Link James Humphrey Charees E. Sturgis John M. Mhj.er 24 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS 1 HON. SAMUEL S. MORSS, IMayor J. C. DAVIS, City Clerk :memp>ers of the common council H. N. I’LTNAM E. VORDERMARK CriARi^ES D. Bond William T. Pratt A. M. Webb John M . iVIiller John S. Irwin Jacob Foellinger Christian Becker O. D. Hurd CITY OFFICERS W. H. Link Joseph Price Patrick McGee . L. T. Bourie Sam uel McElfatrick Charles Baker . William Stewart John J. Glenn TRUSTEES OF Thomas Tigar Charle! WiLiJAM Rock HILL Treasurer a Assessor Marshal Chief Engineer Civil Engineer Street Commissioner Marketmaster Attornev PUBLIC SCHOOLS Wh,lia?^i Edsall G. French Ja]\ies Humphrey a Resigned Ajiril 21, i85(), vacancy continued. CITY OFFICEKS. 25 ROSTER OF CITY OFFICERS HON. FRANKLIN P. RANDALL, Mayor MOSi^^S DRAKI^', Jr., City Clerk me:\ibers ()!' ^niE co^lmon council JOIIX I^REXILMAX b JoHx Burt a Benjamin H. Tower a Morris Cody b Herman Niermax b B. D. Miner a Daniel Nestj.e a A. C. I)EAvr:R b ( ). D. Hurd b Ja.mes Hi-mi‘iirey a long' term, and those Councilmer; marked “n” drew the marked “ b " the short term. CITY William Stewart Georoe Humi’hrey Hexrv Tons Joseph Price W'Tlliam Miller H. H. Bossler I k\TRiCK McGi<:e OEIOCERS City Treasurer City Civil lAigineer Street Commissioner City Marshal Marketmaster Assessor Sealer Weig-hts and Measures BOARD OF HEALTH Dr. S. B. Woodworth Jami-:s H. Kop.inson Dr. L. Meinderman TRUSTEES Ol' PUBLIC SCHOOLS Samuel Edsall Ch arises E. Sturgis Oliver P. Morgan Thomas Tigar Robert E. Fleming 26 LAWvS AND OKDINANCES. ROSTER OF CITY OFFICERS HON. FRANKLIN P. RANDALL, Mayor L. T. BOURIE, City Clerk MILMBERS OF THE COMIUON COUNCIL John I)Krt 1 ) E N J A M IN 11. TnW ER Daniet, Nestle B. H. Klmi'.all James Hlmpiirey AIolris Coi)^' Im)\\ AR1) Sl.OCUM C. D. Pjepenbrink B). D. ^[iNER C John S. Harrington CITY FI. N. Pltnam Patrick McGee . \\^ILLIAM S. Smith Henry 'I^ins ( ). 1). Hcri) (). Bird J. S. Leach Joseph Brice BOARD Dr. K . Sturgis WiLLL' IHHCERS City Treasurer Marshal Attorney Street Commisioner b Chief Engineer c Civil Engineer Broa(hva\- Market- master d Sealer Weights and i\I AKsnres h' HEALTH M. Hedekix a Brv.\nt rRUSTEES OI^^ PUBLIC SCHOOLS WiLUAM Rockhju, James H. Robinson John C. Davis ()i,i\ ER P. Morg.\n ( )rin D. HT'RD CITY OFFICERS. 27 The above Board of Health, appointed May 7, 1861, failing- to qualify, Drs. B. S. Woodworth, C. Schmitz and Henry Baker were a])pointed July 9, 1861, as such Board. a An act to repeal all general laws now in force for the incorporation of cities, ])rescril)ing their rights and powers, and the manner in which they shall exercise the same, approved March 9, 1857, among other things, prescribes that after the first general election, the officers of said city shall res])cctively hold their offices two }-ears each. ^Fhe Councihnen shall be chosen l>y the legal voters of their respective Avards, and one Councilman from each ward, to be deter- mined l)y lot at the first regular meeting after the election, shall hold his office tw^o years, and the other, to be determined in like manner, shall hold his office for four years, and biennially thereafter one Councilman shall be elected by the legal voters of each ward. h Resigned February ii, 1861, and C. W. Lindlag elected February 25, 1862, to fill vacancy. c Superseded by Joseph A. Stell wagon October 8, 1861. d Resigned July 23, 1861. e Resigned November 12, 1861, and Fred Xirdlinger elected December 7, i86t, to fill vacanev. 2S LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. FRANKLIN P. RANDALL, ^Iayor E. L. CHTTl^ENDEN, City Clerk AIEMBERS OF T Morris Cody Henry ]\Ionnixg A. F. Sc HERE f IF H. KlME.AU, Edward Seocum // CITY John Conger Patrick YIcGee . Joseph S. Erance W. D. Henderson a S. C. Ereeman John S. Mower . L. T. Bourie b . C. W. Lindlag IFvtrlck Ryan c C. D. Pens d F COMMON COUNCIL J. S. Harrington e C. D. IFepenp.rink 1 )en n is Dow ney ]1. Nierman O' Menjamin H. Tower FFICERS City 'rreasiirer Marshal . Attorney Alarketmaster Assessor Civil Engineer Chief Engineer Street Commissioner Wood Measurer Captain of Police BOARD OE HEALTH Dr. H. S. Woodworth Dr. Charges Schmitz Dr. W. H. Myers TRIFSTEES Oh^ 1‘UBLIC SCHOOLS Samuei, Edsall i A. Martin / ()c'hmk; Bird C' hari.es E. Stcrgis Christf.\n Orfi- CITY OFl'ICKKS. 29 a Resigned Mav lo. 1864, and Fhoinas !)Card elected same day to fill vacancy. b Sii])erseded by Joseph .V. Stellwagon, b^ebrnary 9, 1864, and Stellwagon resigned June 14, 1864. and on same (lav Munson A"itn(lieson was unaiiiinuuslv elected to fill vacancy. c Discharged December 8, 1863, and reinstated December 22, 1863. d Resigned Febrnar}- 4, 1864, and William Ward elected iMardi 22, 18^4, to fill vacancy. e Resigned December 8, 1863, C. Neireiter elected December 30, 18F3. to fill vacancy. / Resigned January 24. 1865. vacancy continued. g Resigned July 12, 1864, and F. Floagland elected August 13. 18F4, to fill vacancy. h Resigned A])ril it, 1863, to accept the office of School Trustee, and William Waddington elected ]\Jav 2, 1865, to fill vacancy. i Emanuel Bostick and Virgil M. Kimball served the im- ex])ired term of Samuel Edsall and A. Martin. 30 LAWvS AND OKDINANCKvS ROSTER OF CITY OFFICERS. HOX. JAAfES L. WORDEX, AIayor a IR L. CHEFTEXDEX, City Clerk • AIEMBERS OE THE AI ORRIS Cody IF H. Ki:\ip,all R. S. Lender DILI. R. H OAKLAND 1’). H. Tower COAIMOX COCXC[E A. J^. iLOviliRTOX Fred Xirdlinger Dennis Downey Henry AIonning f \ V 1 L L I A A1 W A D1 ) I N G'W ) N crrv OFFICERS John Conger 1 ^'ranklin R. Randall Ratrick McGee . John P). Rekers b R. FAxlahee W. S. Gir.KisoN c A h ’ N so N V A N G 1 i^:s( ) n 'Fiioaias D. P)EArd d WO LI JAM WOxRD City ITeasiirer Attorney Alarshal Assessor wStreet Commissioner Cixil Engineer Chief lingineer Alarketmaster Ca])tain of Police Sealer Weights and A least! res ItOARD OE HEALTH Dk. E X. Roseanthal Dk. T. AIcCi'LLoroii Dr. R>. S. W’oodw or rii CITY OFFICEKvS. 31 TRUSTEES OF PURLIC SCHOOLS OuvER P. Morgan Dr. John S. Irwin Edward Slocum By the amended charter, approved December 20, 1865, the Civil Engineer and Assessor are appointed by the Council, instead of as heretofore, by the people. The offices of Auditor and City Judge were created, if the Council deemed exjiedient. The terms of Coun- cilmen were changed so that the successors of Coun- cilmen now acting, whose terms expire in May, 1867, shall be elected for one year, and the successors of the Councilmen whose terms expire May, i86p, shall be elected 1)iennially. a Resigned Septemlier ii, 1866, B. H. Tower was elected President of the Council on the same (lav, and Benjamin Saunders chosen acting Alayor. h Resigned October 10. 18B5, and ,\. C. Probasco appointed Decemlier 27, 1865, to fill vacancy. c Resignation presented Alarch 12. 1867, and laid on the table, and C. S. Brackcnridge appointed deputy. d Superseded May 8, 1866, lyv Wdlliam Kanning. c The office of Sealer Weights and iMeasures abolished by the Council, 1864. f Resigned July up, 1866, having received the nomination for County Treasurer, and David Hoit elected August 4, 1866. to fill vacancy. LAWvS AND OKDINANCKvS. 32 ROSTER OF CITY OFFICERS HON. HENRY SHARP, Mayor IP L. CHITTENDEN, City Clerk MEMIVERS OF THE Edward Slockm John Arxou) H. H. Kkaiilvll Jacoh I)0\vsek George Link Morris Cody W. T. McKean John Cochrane Joseph March COMI^ION COUNCIL George Del Wild Ered Nirdijnger P. Edgerton \\. W. Oakley c M. Hogan John Taylor George Jacoby Ah L L I A A 1 A DD 1 N ( ITO N CITY C. PlEI'ENLRINK . R. S. Rol.ertson . AFlliam Lindemann . Ceorge F' I slier AFli.iaai H. Hriant C. S. I ) RAC KEN ridge J oSElMf 1 ). I'rY (/ AYilliam Kanning h . A'illiam AF\rd . OFFICERS City Treasurer Attorney Marshal Assessor Street Commissioner Civil Engineer Chief Engineer . . Marketmaster Ca])tain of I\:>Iice FOARD OF HEALTH Dk. I. N. Rosenthal Dr. T. McCrLLOUGH Dr. P). S. AF)odwort]i CITY OFFICICRS. 33 TRUSTEES OE PUBLIC SCHOOLS Oliver P. Morgan Dr. John S. Irwin Edward Slocum By the amended Charter, approved March 14, 1867, the Civil Engineer, Assessor and Street Commissioner were appointed by the Council. At the May election, 1867, the Sixth, Seventh and Eighth wards were constituted, and at the special election held therein May 25, 1867, elected their Councilmen, (in italics), who, having drawn lots for term of office, resulting in the gentlemen marked with a (*) drawing the long term . At the election, 1868, the Sixth, Seventh and Eighth Wards held election of one Councilman each to serve two years, resulting in the choice of N. C. Miller from the Sixth, George Jacoby from the Seventh, and George Link from the Eighth. a Superseded by Hiram Poyser, May 26, 1868. h Superseded by William Schneider, May 26, 1868. c Mr. Oakley having removed from the Third Ward, his seat was declared vacant,. and John B. Krudop elected in his seat, and qualified November 12, 1868. 34 I.AWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. FRANKLIN P. RANDALL, Mayor SAMUEL P. FREEMAN, City Ceerk MEMBERS OE THE COMMON COUNCIL Jacob C. Bowser T. Hogan G. W. Brackenridge George Jacoby O. E. Brad way George Link A. H. Carrier N. H. Milder George Doerfler J. R. Prentiss Michael Hedekin M. F. SCHMETZER J. D. Hance Henry Trier T. J. Hutchinson Williaim Waddington CITY OFFICERS Christian Piepenbrink Allen Zollars Patrick TvIcGee . E. C. Pens . B. L. P. Willard C. S. Brackenridge Thomas Mannix William Schneider F. R. Limecooly Patrick McGee . City Treasurer Attorney Marshal Assessor Street Commissioner Civil Engineer Chief Engineer Marketmaster Captain of Police ( 1869) Captain of Police ( 1870) CITY OFFICKKS. 35 BOARD OF HEALTH Dr. I. N. RosfnthaIv Dr. A. J. Erwin Dr. W. H. Myers TRUSTEES OF FUP»LIC SCHOOLS Oliver P. Morgan Dr. John S. Irwin Edward Slocum a a Pliny Hoaj:^land filled iinexpired term. 36 LAWvS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. FRANKLIN P. RANDALL, Mayor SAMUEL P. FREEMAN, City Clerk MEMBERS OE THE COMMON COUNCIL O. E. Bradway A. H. Carrier William Ei slier T. Hogan O. P. Morgan William Tegtmeyer B. H. Tower C. II . Wilson John Bull L. Dessauer J. S. Goshorn Samuel Hanna John Schoepf Conrad Tremmel P. S. Fender hill W irj.iAM Waddington CITY OEFICERS John A. Droegemeyer Allen Zollars C. S. Brackenridge Thomas Mannix Charles Uplegger D. Meyer . M. Singleton William. Nchneider P). L. P. Williard City Treasurer Attorney Civil Engineer Chief Engineer Marshal Captain of Police ( 1871 ) Captain of Police ( 1869) Marketmaster Street Commissioner TRUSTEES OF PUBLIC SCHOOLS Dr. John S. Irwin Pliny Hoagland Oliver P. Morgan CITY OFFICERS. ROSTER OF CITY OFFICERS HON. C. A. ZOLLINGER, Mayor SAMUEL P. EREEMAN, City Ceerk MEMBERS OF THE COMMON COUNCIL H. N. Putnam Mont. Hamilton L. Dessauer Charles McCulloch Christian Becker Timothy Hogan George Jacoby Henry Schone Henry Stoll W H, L I A M M c Ke A N O. P. Morgan William Meyer William McPhail Peter Hohnhaus John Schoepf John Iten Henry Schnelker Jaihes Lilue CITY OFFICERS John A. Drogemeyer L. Newberger C. S. Brackenridge Frank B. Vogel C iiRiSTOT'iiER Kelly M. Singleton William Schneider Henry Trier City Treasurer Attorney Civil Engineer Chief Engineer Marshal Captain of Police IMarketmaster .Street Commissioner BOARD OF HEALTH Dr. I. N. Rosenthal Dr. J. M. Josse Dr. W. H. Myers TRUSTEES OF PUBLIC SCHOOLS A. P. Edgerton Dr. John S. Irwin Pliny Hoagland 38 I.AWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. C. A. ZOLLINGER, Mayor JOHN M. GODOWN, City Clerk MEMBERS OE THE COMMON COUNCIL W. T. McNean H. N. Putnam M. Hamilton Christian Hettler E. L. Chittenden William Meyer Charles McCulloch Henry Graffe George H. Wilson Peter Hohnhaus Timothy Hogan Nicholas DeWald John Iten Conrad Tremmel Henry Schone Henry Schnelker Henry Stoll Christian Schaffer CITY OEEICERS Charles M. Barton C. S. Brackenridge Thomas Mannix Christoplier Kelly M. Singleton Martin Schram Henry "ITier L. Newberger City Treasurer Civil Engineer Chief Engineer IMarshal Captain of Police Alarketmaster Street Commissioner Attorney BOARD OE HEALTH Dr. T. J. Dills Dr. J. M. Josse Dr. Th. Heuchling TRUSTEES OE PUBLIC SCHOOLS A. P. Edgerton Dr. John S. Irwin Pliny Hoagland CITY OFFICERS. 39 ROSTER OF CITY OFFICERS HON. C. A. ZOLLINGER, Mayor JOHN M. GODOWN, City Cferk MEMBERS OE THE COMMON COUNCIL W. T. McKean H. N. Putnam J. B. White Christian Hetteer E. L. Chittenden jMichaee Baltes Charees a. Munson Henry Graffe George H. Wieson D. L. Harding Timothy Hogan Nichoeas DeWaed S iEAS Tam Conrad Tremmee E. M. Wieeenberg Henry Schneeker John Wiekinson Christian Schaffer CITY OEEICERS Charees M. Barton John Ryaee Erank B. Vogee . Christopher Keeey M. SiNGEETON Martin Schram Conrad Baker Aeeen Zoeears City Treasurer Civil Engineer Chief Engineer Marshal Captain of Police Marketmaster Street Commissioner Attorney TRUSTEES OE PUBLIC SCHOOLS A. P. Edgerton O. P. Morgan Peiny Hoageand 40 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. C. A. ZOLLINGER, Mayor JOHN M. GODOWN, City Clerk MEMBERS OE THE COMMON COUNCIL W. T. McKean H. N. Putnam Christian Hettler J. B. White E. L. Chittenden M. Baltes C. E. Muhler E. Zarbaugh D. L. Harding W. H. Withers Timothy Hogan D. B. Strope Joshua Holmes Silas Tam Henry Schnelker F. M. Willenberg John Wilkinson Charles F. Pfeiffer CITY OFFICERS Charles M. Barton John Ryall Frank B. Vogel . Christopher Kelly Hugh M. Diehl . Conrad Baker William Schneider Allen Zollars City Treasurer Civil Engineer Chief Engineer JMarshal Captain of Police Street Commissioner Marketmaster Attorney TRkrSTEES.OF PUBLIC SCHOOLS A. P. Edgerton O. P. Morgan Pliny Hoagland CITY OFFICERS. 41 ROSTER OF CITY OFFICERS HON. C A. ZOLLINGER, Mayor JOHN M. GODOWN, City Clerk a MEMBERS OE THE COMMON COUNCIL Sol D. Bash, James Breen E. L. Chittenden M. Cody A. T. Dreyer James E. Graham Ceiristian Hetteer Timothy Hogan Joshua Holmes C. H. Leinker C. F. Muliler . Charles F. Pfeiffer H. N. Putnam Charles Reese Henry Schnelker D. B. S TROPE W. H. Withers E. Zarp>augh CITY OFFICERS Charles M. Barton John Ryall Frank B. Vogel . Christopher Kelly Hugh M. Diehl . Dennis O’Brien William Schneider Henry Colerick . City Treasurer Civil Engineer Chief Engineer Marshal Captain of Police Street Commissioner Marketmaster Attorney TRUSTEES OF PUBLIC SCHOOLS A. P. Edgerton O. P. Morgan PLmY Hoagland a John H. Hartman, Clerk-elect, took his office on the first Monday m September. 42 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. C. A. ZOLLINGER, Mayor JOHN H. TRENTMAN, City Clerk MEMBERS OF THE COMMON COUNCIL Sol D. Bash James Breen E. L. Chittenden M. Cody A. T. Dreyer Louis Fox James E. Graham Christian Hettler Timothy Hogan Joshua Holmes C. H. Leinker F. H. McCulloch C. F. Muhler H. N. Putnam Charles Reese J. M. Reidmiller J. W. Vordermark John Wilkinson CITY OFFICERS Charles M. Barton John Ryall Frank B. Vogel . Henry Colertck . Christopher Kelly E. B. Smith Dennis O’Brien William Schneider City Treasurer Civil Engineer Chief Engineer Attorney IMarshal Captain of Police Street Commissioner Marketmaster TRPJSTEES OF PUBLIC SCHOOLS O. P. Morgan Pliny Hoagland A. P. Edgerton CITY OFFICERS. 43 ROSTER OF CITY OFFICERS HON. C. A. ZOI.LINGER, Mayor JOHN H. TRENTMAN, City Clerk MEMBERS OE THE COMMON COUNCIL Sol D. Bash E. L. Chittenden A. T. Dreyer b Louis Eox M. BIamilton Christian Hettler Joshua Holmes / oHN Lillie, Jr. E. H. ^IcCuLLOCH John Mohr, Jr. C. E. Muhler H. N. Putnam c Charles Reese J. IM. Reidmiller James Ryan J. W. Vordermark John H. Welch John Wilkinson CITY OEFICERS Charles M. Barton John W. Ryall a Frank B. Vogel . Henry Colerick . Hugh M. Diehl . E. B. Smith Dennis O’Brien. Martin Schram City Treasurer Civil Engineer Chief Engineer Attorney Marshal Captain of Police Street Commissioner Alarketmaster TRUSTEES OF PUBLIC SCHOOLS A. P. Edgerton O. P. Morgan Pliny Hoagland 44 Laws AND ORDINANCES. TRUSTEES OE WATER WORKS Christian Boseker Charles McCulloch Henry Monning a Died IMarch ii, 1879, and C. S. Brackenridge oppointed. by Council March ii, 1879, to fill vacancy. h Died November 10, 1879, and John Noll elected Decem- ber 2, 1879, to fill vacancy. c Died June 13, 1879, and W. T. McKean elected to fill vacanev. CITY OFFICERS. 45 ROSTER OF CITY OFFICERS HON. C. A. ZOLLINGER, Mayor JOHN H. TRENTMAN, City Clerk MEMBERS OE T: Sol D. Bash L. Brames Louis Eox M. Hamilton Christian Hettler John Lillie, Jr. E. LT. McCulloch John Mohr, Jr. C. F. Muhler CITY Charles M. Barton C. S. Brackenridge Frank B. Vogel . Henry Colerick Hugh M. Diehl . E. B. Smith Dennis O’Brien ^Iartin Schram John C. Maier a COMMON COUNCIL John Noll Charles Reese J. M. Reidmiller James Ryan J. W. Vordermark John Welch John Wessel. Sr. A. Wolf John Wilkinson b OFFICERS City Treasurer Civil Engineer Chief Engineer Attorney Marshal Captain of Police . . Street Commissioner Marketmaster Assessor TRUSTEES OF PUBLIC SCHOOLS A. P. Edgerton O. P. Morgan Max Nirdlinger 46 LAWS AND ORDINANCES. TRUSTEES OE WATER WORKS Charles McCulloch Henry Monning Christian Boseker a Died July 5, 1880, and Louis Jocquel elected by Council July 14, 1880, to fill vacancy. b Resigned September 14, 1880, and Charles Pape elected to fill vacancy. CITY OFFICERS. 47 ROSTER OF CITY OFFICERS HON. C. A. ZOL.LINGER, Mayor JOHN N. TRENTMAN, City Clerk a MEMBERS OE THE COMMON COUNCIL Ered C. Boltz L. Brames E. L. Chittenden William Doeiir^ian Louis Eox M. Hamilton Christian Hettler E. BI. McCulloch b John Mohr, Jr. C. E. Muhler Charles Pape Charles Reese J. M. Reidmiller J. W. VoRDERMARK John Welch John Wessel. Sr. P. J. Wise A. Wolf CITY OEEICERS Charles M. Barton C. S. Brackenridge Henry Colerick . Erank B. Vogel . Erank Ealker E. B. Smith Dennis O’Brien Martin Schraai Louis Jocouel City Treasurer Civil Engineer Attorney Chief Engineer Marshal Chief of Police Street Commissioner Marketmaster Assessor TRUSTEES OE PUBLIC SCHOOLS A. P. Edgerton O. P. Morgan Max Nirdlinger 48 I.AWS AND ORDINANCES. TRUSTEES OE WATER WORKS Henry Monning Christian Boseker Charles McCuieoch a Succeeded by W. W. Rockhill, September 5. b Resigned August 20, and William Yergens elected .September 27, 1881, to fill vacancy. CITY OFFICERS. 49 ROSTER OF CITY OFFICERS HON. C. A. ZOLLINGER, Mayor W. W. ROCKHILL, City Clerk MEMBERS OF THE COMMON COUNCIL George J. Alter Fred C. Boltz L. Brames E. L. Chittenden b William Doehrman M. Hamilton Christian Hettler c Herman Michael C. F. Muhler Charles Pape Charles Reese J. Sion Smith J. W. VoRDERMARK John Welch John Wessel, Sr. P. J. Wise A. Wolf William Yergens CITY OFFICERS Charles M. Barton Henry Hilbrecht Henry Colerick . Frank Falker Hugh M. Diehl . Dennis O’Brien William Henze a Louis Jocouel Dr. W. H. Myers City Treasurer Civil Engineer Attorney Marshal Chief of Police Street Commissioner Marketmaster Assessor Health Officer TRUSTEES OF PUBLIC SCHOOLS A. P. Edgerton O. P. Morgan Max Nirdlinger 50 LAWS AND ORDINANCES. TRUSTEES OE WATER WORKS Christian Boseker Charles McCulloch James Breen a Deposed December 12, 1882. b Resigned December 26, 1882, to accept a seat in the Legislature and vacancy continued. c Resigned January 23, 1883, vacancy continued. city officers 51 ROSTER OF CITY OFFICERS HON. C. A. ZOLLINGER, Mayor W. W. ROCKHILL, City Clerk MEMBERS OF THE COMMON COUNCIL Fred C. Boltz L. Brames William Doehrman M. Hamilton Christian Kramer S. C. Lombard Herman Michael John Mohr, Jr. Terrence Martin Charles Pape J. M. Reidmiller J. Sion Smith J. W. VORDERMARK John Welch John Wessel, Sr. A. Wolf James Woulfe William Yergens CITY OFFICERS Henry C. Berghoff W. S. COSHORN Henry Hilbrecht Henry Colerick . Frank Falker Hugh M. Diehl . Dennis O’Brien . Martin Schram Louis Jocquel Dr. Theo. Heuchling . City Treasurer Civil Engineer Chief Engineer Attorney Marshal Chief of Police Street Commissioner Marketmaster Assessor Health Officer TRUSTEES OF PUBLIC SCHOOLS A. P. Edgerton O. P. Morgan Max Nirdlinger TRUSTEES OF WATER WORKS Charles McCulloch James Breen John F. W. Meyer 52 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. C. A. ZOLLINGER, Mayor W. W. ROCKHILL, City Clerk MEMBERS OF THE COMMON COUNCIL Fred C. Boltz George Ely William Doehrman M. Hamilton Christian Kramer John C. Kensill Edmund Lincoln S. C. Lumbard Terrence Martin Herman Michael John Mohr, Jr. J. R. Prentiss J. M. Reidmiller Peter J. Scheid J. W. Vordermark John Welch A. Wolf James Woulfe CITY OFFICERS Henry C. Berghoff W. S. Goshorn a Henry Hilbrecht PIenry Colerick . Frank Falker b Hugh M. Diehl . Dennis O’Brien . Martin Schram . Louis Jocouel Dr. T. Huechling c Dr. S. C. Metcalf City Treasurer Civil Engineer Chief Engineer Attorney Marshal Chief of Police Street Commissioner Marketmaster Assessor Health Officer TRUSTEES OF PUBLIC SCHOOLS A. P. Edgerton O. P. Morgan Max Nirdijnger CITY OFFICEKvS. 53 TRUSTEES OE WATER WORKS James Breen John F. W. Meyer Charles McCulloch a Resigned March ii, 1884, Jesse R. Straughan appointed same day. b Resigned March ii, 1884, and Diedrick Meyer appointed same day. c Office declared vacant l)y Council and Dr. S. C. Metcalf elected to fill vacancy. 54 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. CHARLES F. MUHLER, Mayor W. W. ROCKHILL, City Clerk MEMBERS OF THE COIMMOX COLNCIL William Doehrman George Ely Anthony Kelker John C. Kensill Christian Kramer Edmund Lincoln Herman Michael John Mohr, Jr. J. R. Prentiss Am IE Racine Peter J. Scheid J. A. M. Storm F. D. Swartz Christian Tresselt J. W. Vordermark a John Wessel, Jr. A. Wolf b James Woulfe CITY OFFICERS Henry C. Berghoff J. S. Goshorn Henry Hilbrecht Henry Colerick . Diedrich Meyer . Hugh M. Diehl . Dennis O’Brien . William Ropa IMtrick Ryan Dr. S. C. Metcalf City Treasurer Civil Engineer Chief Engineer Attorney Marshal Chief of Police Street Commissioner Marketmaster Weighmaster Health Officer TRUSTEES OF PUBLIC SCHOOLS O. P. Morgan Max Nirdlinger A. P. Edgerton city officers. 55 TRUSTEES OE WATER WORKS John F. W. Meyer Charees McCulloch T. B. Hedekin a Resigned, and Frank Gocke elected to fill vacancy. b Resigned, and H. A. Read elected to fill vacancy. 56 LAWS AND ORDINANCES ROSTER OF CITY OFFICERS. HON. CHARLES F. MUHLER, Mayor W. W. ROCKPHLL, City Clerk MEMBERS OF THE COMMON COUNCIL C. H. Buttenbender William Doehrman George Ely a Levi Griffith Chari, ES F. Haiber J oFiN C. Kensill Anthony Keeker Christian Kramer Herman Michael Dennis Monahan Amie Racine H. A. Read Peter J. Scheid J. A. M. Storm F. D. Swartz C. Tresselt John Wessel, Jr. James Woulfe CITY OFFICERS H ENRY C. Berg HOFF J. S. Goshorn Henry Hilbrecht Hkne>v Colkkick Diedrich Meyer . Hugh M. Diehl . Dennis O’Brien . Wicliam Ropa C II arises Reese Patrick Ryan Philip Munch Dr. S. C. Metcalf City Treasurer Civil Engineer Chief Fire Department Attorney Marshal Chief of Police Street Commissioner Marketmaster Assessor Weighmaster Ponndmaster Health Officer CITY OFFICERS. 57 TRUSTEES OE PUBLIC SCHOOLS A. P. Edgerton O. P. Morgan John M. Moritz TRUSTEES OE WATER WORKS Charees McCuleocii T. H. HedekIxN John E. W. Meyer a The election of George W. Ely was contested in the court, and Milton N. Webber declared elected September 28, 1886. 58 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. CHARL.es F. MUHLER, Mayor W. W. ROCKHILL, City Clerk MEMIJERS OF THE COMMON COUNCIL C. H. B LTTE N BENDER William Doehrman Levi Griffith Louis Hazzard Charles F. Haiber Anthony Kelker John C. Kensill 1 ) A N I EL La h m e yer W iEUAM D. Meyer Herman Michael Dennis Monahan H. A. Read Peter J. Scheid C. Tresselt a J. J. Williams J oHxN Wessel, Jr. James Woulfe I\ r. N. Weber CITY OFFICERS Henry C. B erg h off J. S. Goshorn Henry Hilbrecht Henry Colerick . Diedrich Meyer . Hugh M. Diehl . Dennis O’Brien . William Rob a Patrick Ryan IM. Miller . Dr. S. C. Metcalf City Treasurer Civil Engineer Chief Fire Department Attorney Marshal Chief of Police Street Commissioner iMarketmaster WTn'ghmaster ['onndmaster ] lealth Officer CITY OFFICERS. 59 TRUSTEES OE PUBLIC SCHOOLS A. P. Edgerton 0. P. AI ORGAN John M. Moritz TRUSTEES OF WATER WORKS T. B. Hedekin John F. W. Meyer E. B. Kunkle a The election held May 3 for Councilman in the Second Ward resulted in a tie between C. Tresselt and D. Shordon. At a special election held June 8, Daniel Shordon was elected. 60 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. CHARLES F. MUHLER, Mayor W. W. ROCKHILL, City Clerk MEMBERS OF THE COMMON COUNCIL F. W. Bandt William Doehrman George W. Ely Charles F. Haiber Louis Hazzard Louis P. Huser Anthony Kelker John C. Kensill Henry Hilbrecht CITY Henry C. Berghoff J. S. Goshorn Henry Hilbrecht Henry Colerick . Diedrich Meyer . Hugh M. Diehl . Dennis O’Brien . William Ropa Charles Reese Patrick Ryan Fred Woeii nicer Dr. S. C. Metcalf William D. Meyer H. A. Read Peter J. Scfieid Fred Schmuckle D. Shordon John Smith John Wessel, Jr. James Woulfe J. J. Williams OFFICERS City Treasurer Civil Engineer Chief Fire Department Attorney Marshal Chief of Police Street Commissioner Marketmaster Assessor Weighmaster lYundmaster Health Officer CITY OFFICERS. 61 TRUSTEES OE PUBLIC SCHOOLS. O. P. Morgan John M. Moritz A. E. Hoffman TRUSTEES OE WA , ER WORKS Charles McCulloch Christian Boseker Henry Monning' 62 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS 1 ^ 00 . HON. DANIEL L. HARDING, Mayor RUDY C. REINEWALD, City Clerk MEMBERS OF THE COMMON COUNCIL Henry Hilbrecht, Sr. L. P. Huser H. F. Hilgeman John C. Kensill William D. Meyer V. Ofenloch H . A . Read Peter J. Scheid Fred Schmuckle John Smith F. W. Bandt William Bruns M. Cody Robert Cran George W. Ely J. L. Gruber George P. Gordon Cliarles F. Haiber Louis Hazzard H. P. VORDERMARK CITY OFFICERS Charles J. Sosenheimer Henry C. Franke Charles Reese Henry Colerick . C. S. Brackenridge . .l Henry Hilbrecht Frank Wilkinson Dennis O’Brien . Dr. S. C. Metcalf William Ropa Henry Schoppman Patrick Ryan City Treasurer Marshal Assessor Attorney Civil Engineer Chief Fire Department Chief of Police Street Commissioner Health Officer Marketmaster Poimdmaster Weighmaster CITY OFFICERS. 63 TRUSTEES OE PUBLIC SCHOOLS O. P. Morgan J- M. Moritz A. E. Hoffman TRUSTEES OF WATER WORKS Christian Boseker Henry Monning Charles McCulloch P. J. McDonald, Clerk 64 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS l^QO 1^01. HON. DANIEL L. HARDING, Mayor RUDY C. REINEWALD, City Clerk MEMBERS OE THE COMMON COUNCIL L. P. Huser H. F. Hilgeman William D. Meyer William Meyer, Jr. Herman Michael V. Ofenloch John Schaffer Peter J. Scheid John Smith Henry Hilbrecht Sr. M. Cody Robert Cran Fred Dalman Frank Delegrange George W. Ely George P. Gordon J. L. Gruber Louis Hazzard John Smith H. P. Vordermark CITY OFFICERS Charles J. Sosenheimer Henry C. Franke Charles Reese Henry Colerick . C. S. Bkackenridge . O. B. Wiley Henry Hilbrecht Frank Wilkinson Dennis O’Brien . William Ropa Patrick Ryan Henry Shoppman (to May 15, 1890.) City Treasurer Marshal Assessor a Attorney Civil Eng-ineer h it a Chief Fire Department Chief of Police Street Commissioner Marketmaster Weighmaster Poimdmaster d CITY OFFICERS. 65 WiFFiAM Rippe . Poundmaster c (to Nov. 1 , 1890 .) Henry Shoppman (to May, 1891.) “ c TRUSTEES OE WATER WORKS Charles McCulloch Henry Monning d Christian Boseker J. Sion Smith P. J. McDonald, Clerk d Died July 29, 1889, J- Sion Smith elected by the Common Council August 13, 1889, to fill vacancy. a Assessor’s office abolished by the act of Legislature March, 1889. b C. S. Brackenridge resigned June 10, 1889. c Mr. Rippe resigned November i, 1889. Henry Schopp- man appointed by the Mayor to fill the unexpired term. 66 LAWS AND OKDINANCKS. ROSTER OF CITY OFFICERS 1 ^ 01 — HON. C. A. ZOLLINGER, Mayor RUDY C. REINEWALD, City Clerk MEMBERS OF THE COMMON COUNCIL Fred C. Boltz Charles H. Buck M. Cody Fred Dalman Frank Delegrange Peter Eggeman George W. Ely Louis Fox Louis Hazzard L. P. Huser Anthony Kelker Philip Keintz William D. Meyer F. C. Meyer William Meyer, Jr. Herman Michael John Schaffer Peter J. Scheid H. P. Scherer John Smith CITY OFFICERS Charles J. Sosenheimer Henry C. Franke W. H. Shambaugh Frank M. Randall Henry Hilbrecht Frank Wilkinson John J. Mungen William Ropa William Bock Patrick Ryan Dr. L. T. Sturgis (to Jan. 13, 1891.) Dr. S. C. Metcalf (from Jan. 13, 1891.) City Treasurer Marshal Attorney Civil Engineer Chief Fire Department Chief of Police Street Commissioner Marketmaster Poundmaster Weighmaster Secretary Board Health (( (( (( CITY OFFICIiRS. 67 TRUSTEES OF WATER WORKS Christian Boseker Charees McCueeoch WiEEiAM Bitteer P. J. McDonaed, Clerk TRUSTEES OF PUBLIC SCHOOLS J. M. Moritz O. P. Morgan E. A. Hoffman 68 Laws AND ORDINANCES. ROSTER OF CITY OFFICERS HON. C. A. ZOLLINGER, Mayor RUDY C. REINEWALD, City Clerk MEMBERS OF THE COMMON COUNCIL Charles H. Buck M. Cody Thomas DeVilbiss Peter Eggeman Louis Fox a R. B. Hanna Louis Hazzard Anthony Kelker Philip Keintz William McClelland William D. Meyer William Meyer, Jr. F. C. Meyer Herman Michael C. B. Oakley William L. Pettit Peter J. Scheid H. P. Scherer I]. W. Skelton Palu. E. Wolf CITY OFFICERS Charles J. Sosenheimer Henry C. Franke W. H. Shambaugh Frank M. Randall Henry Hilbrecht Frank Wilkinson Henry Lapp William Borgman, Jr. John J. Mungen Patrick Ryan William Ropa William Bock, Sr. Dr. S. C. Metcalf City Treasurer Marshal Attorney Civil Engineer Chief Fire Department Chief of Police Lieutenant of Police Sergeant of Police Street Commissioner Weighmaster Marketmaster Poiindmaster Sec. Board of Health CITY OFFICERS. 69 TRUSTEES OF PUBLIC SCHOOLS O. P. Morgan J. M. Moritz A. E. Hoffman « Louis Fox removed from Sixth ward, vacancy unfilled. 70 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS 1^03-1^04. HON. C. A. ZOLLINGER, Mayor a RUDY C. REINEWALD, City Clerk MEMBERS OF THE COMMON COUNCIL William D. Meyer R. B. Hanna M. Cody Herman Michael b Peter Eggeman William Meyer, Jr. Anthony Kelker B. W. Skelton Charles H. Buck C. B. Oakley James Conroy William L. Pettit Philip Keintz Peter J. Scheid H. P. Scherer c Paul E. Wolf Louis Hazzard William McClelland Charles F. Meyer Thomas DeVilbiss CITY OFFICERS Charles J. Sosenheimer Henry C. Franke W. H. Shambaugh Frank M, Randall Frank Wilkinson Henry Lapp William Borgman Henry Hilbrecht John J. Mungen Patrick Ryan William Ropa William Bock, Sr. Dr. j. E. Miller . City Treasurer Marshal City Attorney Civil Engineer Chief of Police Lieutenant of Police Sergeant of Police Chief Fire Department Street Commissioner Weighmaster Marketmaster Poundmaster Sec. Board of Health CITY OFFICERS. 71 TRUSTEES OE WATER WORKS William Bittler Charles McCulloch Henry C. Graffe P. J. McDonald, Clerk TRUSTEES OE PUBLIC SCHOOLS J. M. Moritz 0. P. Morgan A. E. Hoffman a Died December 28, 1893. h Resigned January 23, 1894. c Elected Mayor January 9, 1894, to fill unexpired term. 72 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. CHAUNCEY B. OAKLEY, Mayor WILLIAM T. JEFFERIES, City Clerk MEMBERS OF THE COMMON COUNCIL COUNCILMKN AT LARGE: R. J. Fisher John Mohr, Jr. Charles Griebel C. H. Waltemath E. H. McDonald WARD W. H. Tigar H. G. Sommers G. H. Loesch A. Kelker H. Hild councilmen: W. M. Glenn Peter J. Scheid Paul E. Wolf John T. Young B. Borkenstein CITY OFFICERS James H. Simonson B. F. Ninde Frank M. Randall James Ligget William Borgman Henry Lapp Fred Daseler Frank Jewell Henry Hilbrecht C. A. Doswell Nelson Thompson City Comptroller City Attorney Civil Engineer Superintendent of Police Captain of Police Lieutenant of Police Sergeant of Police U i< (( Chief Fire Department Custodian of Parks Street Superintendent CITY OFFICERS. 73 James Brice L. C. Hoelenbacher . Foreman Street Repairs Weighmaster WiELiAM Ropa . . . Marketmaster W. H. BrowivT . . . Poundmaster BOARD OF PUBLIC WORKS Thomas D. DeViebiss Levi Griffith WiEEis Hatterseey “BOARD OF PUBLIC SAFETY Charees S. Bash David N. Foster a R. B. Rossington BOARD OF HEALTH AND CHARITIES G. B. Stemen, M. D., Secretary Jacob Hetrick, M. D. Aaron E. VanBuskirk, M. D. A. J. You, Clerk of Official Boards TRUSTEES OE WATER WORKS Charees McCueeoch Henry C. Graffe TRUSTEES OE PUBLIC SCHOOLS J. M. Moritz O. P. Morgan A. E. Hoffman John S. Irwin, Superintendent of Schools a D. N. Eoster resigned. Rudolph Steger appointed August 14 to serve unexpired term. WiEEiAM Bitteer P. J. McDonaed, Clerk 74 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. CHAUNCEY B. OAKLEY, Mayor WILLIAM T. JEEEERIES, City Clerk MEMBERS OF THE COMMON COUNCIL COUNCILMEN AT LARGE R. J. Fisher Charles Griebel John Mohr, Jr. C. H. Waltemath E. H. McDonald WARD W. H. Tigar H. G. Sommers G. H. Loesch A. Kelker H. Hild COUNCILMEN W. M. Glenn Peter J. Scheid Paul E. Wolf John T. Young B. Bor KEN STEIN CITY OFFICERS James H. Simonson John M. Evans . B. F. Ninde Frank M. Randall James Ligget William Borgman Henry Lapp Frank Jewell Fred Daseler Henry Hilbrecht C. A. Dos WELL Nelson Thompson James Brice City Comptroller Deputy City Comptrollei City Attorney Civil Engineer Superintendent of Police Captain of Police Lieutenant of Police Sergeant of Police (( (C u Chief Fire Department Custodian of Parks Street Superintendent Foreman Street Repairs city officers. 75 L. C. Hoflenbacher . WiLFIAM RoPA W. H. Brown Weighmaster Marketmaster Poundmaster BOARD OF PUBLIC WORKS Thomas D. DeViebiss Levi Griffith h WiFUS Hattersfey c BOARD OF PUBLIC SAFETY Charfes S. Bash Rudofpfi Steger R. B. Rossington BOARD OF HEALTH AND CHARITIES. G. B. Stemen, M. D., Secretary Jacob Hetrick, M. D. Aaron E. VanBuskirk, M. D. A. J. You, Clerk of Official Boards TRUSTEES OF WATER WORKS Charfes McCuffoch Henry C. Graffe a WiFFiAM Bittfer P. J. McDonafd, Clerk TRUSTEES OF PUBLIC SCHOOLS S. M. Foster O. P. Morgan A. E. Hoffman a Henry C. Graffe died January i, 1896. Theo. H. Haber- korn appointed to serve imexpired term. b Levi Griffith resigned. William H. McClelland appointed October 23, 1895, to serve unexpired term. c Willis Hattersley resigned. Henry A. Read appointed October 24, 1895, to serve unexpired term. 76 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS 1 ^ 00 — HON. HENRY P. SCHERER, Mayor HENRY B. MONNING, City Clerk MEMBERS OF THE COMMON COUNCIL COUNCILMKN AT LARGE C. H. Waltemath F. E. Purcell William Meyer, Jr. WARD COUNCILMEN W. M. Glenn Peter J. Scheid C. H. Buhr F. X. ScHUHLER B. Borkenstein W. H. Tigar H. G. Sommers H. G. Nierman C. W. Weller C. Haag R. J. Fisher John Mohr, Jr. CITY OFFICERS Henry C. Berghoff John G. Noll William H. Shambaugh Frank M. Randall Daniel McKendry Homer A. Gorsline William Borgman Henry Lapp Fred Daseler Henry Harkenrider . George Coling Henry Hilbrecht August Goers City Comptroller Deputy Comptroller Ci-ty Attorney Civil Engineer Assistant Engineer Superintendent of Police Captain of Police Lieutenant of Police Sergeant of Police (( (( Detective Chief Fire Department Custodian of Parks CITY OFFICEKS. 77 Frank Weber Peter G. Hohnhaus Charles Reese . William Ropa John Tremmel • Street Superintendent Foreman Street Repairs Weighmaster Marketmaster Poundmaster BOARD OF PUBLIC WORKS Peter Eggeman P. H. Kane J. K. McCracken BOARD OF PUBLIC SAFETY Charles McCulloch A. I. Eriend h George H. Wilson BOARD OF HEALTH AND CHARITIES Dr. Carl Schilling Dr. J. E. Miller Dr. a. j. KeSsSler, Secretary Dr. L. P. Drayer, Bacteriologist A. M. Schmidt, Clerk of Official Board Bessie E. Mannix, Assistant Clerk TRUSTEES OF WATER WORKS William Bittler Emmett H. McDonald Murray Hartnett TRUSTEES OF PUBLIC SCHOOLS A. E. Hoffman S. M. Foster William P. Cooper J. N. Study, vSuperintendent of Schools b A. I. Friend resigned February 9, 1897. Charles H. Buck appointed February 9, 1897, to serve un- expired term. 78 IvAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. HENRY P. SCHERER, Mayor HENRY B. MONNING, City Crerk MEMBERS OF THE COMMON COUNCIL COUNCIEMKN AT TARGE John Mohr, Jr. C. H. Wattemath F. E. PuRCEEE WlETIAM MeYER, Jr- R. J. Fisher a WARD COUNCIEMEN W. H. Tigar H. G. Sommers H. G. Nierman C. W. Welter C. Haag W. M. Glenn Peter J. Scheid C. H. Buhr F. X. SCHUHTER B. Borkenstein CITY OFFICERS Henry C. Berghoff John G. Noll William H. Shambaugh Frank M. Randall Daniel McKendry Homer A. Gorsline William Borgman Henry Lapp Fred Daseler Henry Harkenrider . George Coding Henry Hilbrecht Henry Franke . Peter G. Hohnhaus . City Comptroller Deputy Comptroller City Attorney Civil Engineer Assistant Engineer Superintendent of Police Captain of Police Lieutenant of Police Sergeant of Police a u u Detective Chief Fire Department Street Superintendent Foreman Street Repairs CITY OFFICERS.' 79 August Goers Charees Reese William Ropa John Tremmel Custodian of Parks Weighmaster Marketmaster Poundmaster BOARD OF PUBLIC WORKS Peter Eggeman P. H. Kane J. K. McCracken BOARD OF PUBLIC SAFETY Charles H. Buck Louis C. Kasten George H. Wilson BOARD OF HEALTH AND CHARITIES Dr. a. J. Kessler, Secretary ‘Dr. James E. Miller Dr. Carl Schilling Dr. L. P. Drayer, Bacteriologist A. M. Schmidt, Clerk of Official Boards Bessie E. Mannix, Assistant Clerk TRUSTEES OF WATER WORKS Murray Hartnett William Tagtmeyer Philip Singleton TRUSTEES OF PUBLIC SCHOOLS William P. Cooper Dr. A. J. Boswell George H. Felts J. N. Study, Superintendent of Schools a R. J. Fisher resigned February 22, 1897. S. McMahon appointed February 22, 1897, to serve unexpired term. 80 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS HON. HENRY P. SCHERER, Mayor HENRY B. MONNING, City Clerk MEMBERS OF THE COMMON COUNCIL George R. Hench Edward J. Ehrman William J. Hosey Peter F. Poirson John J. O’Ryan David S. Eckert John J. Bauer James J. Hayes Charles Haag Joseph F. Zurbuch Sylvester McMahon Henry Schwartz Peter J. Scheid William J. Lennart Charles PL Buhr Dr. K. K. Wheelock Frank X. Schuhler Alanson W. Clark B. Borkenstein William E. Gerding CITY OFFICERS Henry C. Berghoff William H. Shambaugh Frank M. Randall Daniel McKendry Homer A. Gorsline William Borgman Henry Lapp Henry Harkenrider . John K. Stevens Fred Daseler Henry Hilbrecht August Goers Henry C. Franke Peter G. Hohnhaus . Charles Reese City Comptroller City Attorney Civil Engineer Assistant Engineer Superintendent of Police Captain of Police Lieutenant of Police Sergeant of Police (( (( <( Detective Chief Fire Department Custodian of Parks Street Superintendent Foreman Street Repairs Weigh master CITY OFFICERS. 81 WiivUAM Ropa . . . Marketmaster John Tremmel . . . Poimdmaster BOARD OF PUBLIC WORKS Peter Eggeman P. H. Kane J. K. McCracken BOARD OF PUBLIC SAFETY Louis C. Kasten Charues H. Buck George H . Wieson BOARD OF HEALTH AND CHARITIES Dr. a. J. Kessuer, Secretary Dr. Jame E. Miuuer Dr. Care Schieeing Dr. L. P. Drayer, Bacteriologist A. M. Schmidt, Clerk of Official Boards Bessie E. Mannix, Assistant Clerk TRUSTEES OE WATER WORKS Wieeiam Tagtmeyer P. J. Singeeton Murray Hartnett P. J. McDonaed, Clerk TRUSTEES OE PUBLIC SCHOOLS George E. Eeets W. P. Cooper Dr. a. j. Bosweee J. N. Study, Superintendent of Schools 82 LAWS AND ORDINANCES. ROSTER OF CITY OFFICERS 1 >^ 00 — 1000 . HON. HENRY P. SCHERER, Mayor HENRY B. MONNING, City Clerk MEMBERS OF THE COMMON COUNCIL 1. George R. Hench Edward J. Ehrman 2. William J. Hosey Peter F. Poirson a Alex B. White h 3. John J. O’Ryan David S. Eckert 4. John J. Bauer James J. Hayes 5. Charles Haag Joseph F. Zurbuch 6. S. McMahon Henry Schwartz 7. Peter J. Scheid W. J. Lennart 8. Charles H. Buhr K. K. Wheelock c E. C. Miller 9. Frank X. Schuhler Alanson W. Clark 10. B. Borkenstein W. E. Gerding CITY OFFICERS Henry C. Berghoff Oscar Brokaw . William H. Shambaugh Frank M. Randall Daniel McKendry Homer A. Gorsline Frank H. Whitney Henry Lapp Henry Harkenrider . John K. Stevens George Coling City Comptroller Deputy Comptroller City Attorney Civil Engineer Assistant Engineer Superintendent of Police Captain of Police Lieutenant of Police Sergeant of Police a u u Detective CITY OFFICERS. 83 Charles E. Reese William Ropa John Tremmel . Henry Hilbrecht August Goers Henry C. Franke Peter G. Hopinhaus Chief Fire Department Custodian of Parks Street Superintendent Foreman Street Repairs Weighmaster Marketmaster Poundmaster BOARD OF PUBLIC WORKS Peter Eggeman P. H. Kane J. K. McCracken BOARD OF PUBLIC SAFETY C. H. Buck George H. Wilson L. C. Kasten BOARD OF HEALTH AND CHARITIES Dr. J. E. Miller Dr. A. J. Kessler Dr. Henry Ranke Dr. L. P. Drayer, City Bacteriologist A. M. Schmidt, Clerk of Official Boards. Bessie E. Mannix, Assistant Clerk TRUSTEES OF WATER WORKS William Tagtmeyer Murray Hartnett d P. J. Singleton William Kaough e P. J. McDonald Clerk Joseph A. Biemer, Assistant Clerk. 84 LAWS AND ORDINANCES. TRUSTEES OF PUBLIC SCHOOLS Allen Hamilton George Felts A. J. Boswell f W. W. Rock hill g J. N. Study^ Superintendent of Schools a Died February 22, 1900. b Alex. B. White appointed March 13 to fill vacancy. c Removed from the ward October 24, 1899. Edward C. Miller appointed November 6, 1899, to fill vacancy. d Died April 24, 1900. e Appointed April 30, 1900, to fill vacancy. f Term expired June 12, 1900. g Elected Ji-me 12, 1900. CITY OF FORT WAYNE. PART II. RULES OF THE COMMON COUNCIL. a* k:.s- 4b DUTIES OF OFFICERS MAYOR. The presiding officer shall preserve order and decorum. He shall decide all questions of order subject to an appeal to the Council, and when the Council is equally divided he shall cast the deciding vote. All standing committees shall be appointed at the first meeting of the Council after com- mencement of each term. It is also the duty of the mayor to sign all ordinances, orders or resolutions passed by the Council before the en- rollment in the Journal of Proceedings. 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 proceedings printed after each reg- ular or special meeting, one copy of which shall be presented to each member, and at least 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 Com- mon Council of said city; and he shall also keep a proper file to all papers thereof. He shall arrange a roll call of- the members in alpha- betical form. It shall also be his duty to have all necessary papers delivered to chairmen of committees within six days after adjournment of any meeting of the Council. JANITOR. The Janitor shall preserve order in the lobby and shall prohibt smoking and loud talking. He shall act as mes- senger for the Council while in session. It shall be the duty of the Lieutenant of Police to de- liver all papers to the chairmen of the committees that may be placed in his hands by the City Clerk within four days 90 LAWS AND OKDINANCKS. after adjournment of any meetings of the Council at which such papers have been referred. He shall also notify all members of all special meetings. ORDER OF BUSINESS. The following order of business shall be observed by the Common Council at its meetings A — Reading the journal of the 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. Finance. 2. Rules, Regulations and Ordinances. 3. Judiciary. 4. Printing. 5. Election. 6. Contracts and Franchises. 7. Fees and Salaries. 8. Street Lights. 9. Education. 10. Streets, Alleys and Sewers. 11. Water works. 12. Parks. 13. Public Health. 14. Public Property. 15. Claims. F — Reports from Select Committees. G — Appropriation Ordinances. H — Introduction of General and Special Ordinances. I — Introduction of Miscellaneous Business. I — Ordinances on .Second Reading. K — Ordinances on Third Reading. L — LTnfinished business. RULES. Sfxtion I. The general rules of parliamentary law, so far as applicable, are to be considered the rules of the rui.es. 91 Connell unless the same conflicts with any of the rules herein prescribed. The duties of standing committees shall be the same as iii legislative bodies, except as hereinafter modified or changed. Sec. 2. Special orders may be taken up immediately after reports from select committee, if so ordered by the Council. Sec. 3. The reading of the journal may be dispensed with at any time by order of the Council. Sec. 4. When the roll of members is called for the purpose, the members called shall have the privilege of pre- senting petitions, memorials, communications or re- monstrances, or of offering motions or resolutions ; and after such roll call has been made, it shall not be in order for any member 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. Sec. 5. When any motion is made and seconded it shall be stated by the presiding officer ; being in writing, it shall be handed to the Clerk and read aloud before debate. Sec. 6. When any member, if about to speak or de- liver 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 Council, and confine himself to the question in debate and avoid personality. Sec. 7. No member shall speak more than twice on the same question without leave of the Council. Sec. 8. When two or more members rise at once, the presiding officer shall decide which shall speak first. Sec. 9. The chair shall not recognize any member as in order unless he shall be in his proper seat. Sec. 10. No member shall impeach the motive of any other member’s vote or argument. Sec. II. All questions relating to the priority of bus- iness shall be decided without debate. Sec. 12. No one not a member of the Common Council shall be permitted to address the same, except by unanimous consent of the Council : Provided, however, that any officer may, when called upon, make a report. Sec. 13. When the .presiding officer is putting a ques- tion 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. Sec. 14. The presiding officer shall decide whether any question is carried by affirmative or negative vote ; but if he is in doubt, and the “ayes and noes” or a division be called 92 LAWS AND ORDINANCES. for, the Council shall decide. In case of a rising vote, the affirmative shall first rise and be counted, after those of the negative. Sec. 15. A quorum shall consist of a majority of all members elected. But no ordinance, order or resolution shall be passed, or ordinance engrossed, which shall not have received the vote of a majority of all members constituting the Common Council. Sec. 16. 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 de- cision be in his favor, he shall be at liberty to proceed. Sec. 17. 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.” Sec. 18. All ordinances shall be of three distinct classes, viz : 1. Appropriation Ordinances. 2. Special Ordinances directing public improve- ments, and relating to special matters. 3. General Ordinances relating to the govern- ment of the city. The Clerk shall keep each class of ordinances in distinct files, according ing 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 the Clerk’s desk at the opening of said meeting. Sec. 19. The vote on passages of ordinances and reso- lutions, upon suspension of the rules, and the motions to reconsider, must be by call of the roll ; but any two mem- bers 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. Sec. 20. Any ordinance failing to receive a majority of the votes upon “engrossment” will be considered as still on its second reading and waiting engrossment, unless stricken from the files or otherwise disposed of by order or permission of the Council. rules. 93 Sec. 21. 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 re- considered within the time and manner authorized by Rule 24. Sec. 22. Any member may change his vote l^efore the announcement of the result by the chair. Every member mnst vote upon every question, unless excused from voting by a majority of the members present. Sec. 23. All questions shall be propounded in the order in which they are moved. Sec. 24. When any question has once been decided in the affirmative or negative, any member voting with the majority may move a reconsideration thereof on the same or next regular meeting : Provided, that no such motion shall be introduced at the next or any subsequent meeting, unless the member intending to make the same shall have given written notice of such intentions at the meeting at which the vote which he desires to have reconsidered was taken. , Sec. 25. A resolution adopted may be rescinded by subsequent resolution, and ordinances passed may be re- pealed by subsequent ordinances. Sec. 26. When the reading of any paper is called for, it 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. Sec. 27. When any matter is postponed indefinitely it shall not be again voted upon during that or the next four succeeding meetings. Sec. 28. No matter or proposition on a subject dif- ferent from that under consideration shall be admitted under color of an amendment. Sec. 29. Ordinances, upon introduction, shall be read by the Clerk in full ; then read the second time by title, which title shall clearly set forth the subject matter of the ordinance. After being read the second time, the ordinance is then open for amendments and reference to proper com- mittee. The Council may, at any time, order that ordi- nances be printed for distribution among the members or other persons. Sec. 30. On the approval of a report of a committee upon any ordinance referred to it, the same shall then be considered engrossed without further motion, and no 94 LAWS AND ORDINANCES. amendment, except to strike out shall be in order, unless by unanimous consent of the Councilmen present. Sec. 31. Any ordinance may be stricken from the file 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. Sec. 32. A motion to ‘day on the table,” or for the “previous question” shall not be in order if prefaced by any speech or remarks. Sec. 33. The “previous question” shall be put in this form: “Shall the main question be now put?” It shall only be admitted when demanded by a majority of the members present, and, until decided, shall preclude all other motions or amendments, except the motion to adjourn. If the motion be sustained, the chair shall at once put the question, first upon the pending amendments in their order, and then upon the main proposition. Sec. 34. Any matter laid upon the table may be taken by a vote of the Council at any time : Provided, a motion to reconsider once laid upon the table cannot again be taken up. Sec. 35. A motion to “suspend the rules” is a privileged question, is not debatable, and cannot be amended except to the acceptance of the mover. Sec. 36. A motion to “reconsider,” and that when the Council adjourns to meet on a day certain, are privileged questions, and are debatable. Sec. 37. A business which, by law of necessity, must or should be transacted within or by a certain time, will be considered a question of privilege. Sec. 38. 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. Sec. 39. A motion to adjourn cannot be repeated, unless other business has intervened between the motions. Sec. 40. A motion to adjourn cannot be reconsidered. Sec. 41. Any amendment to an ordinance may be referred, delayed or otherwise disposed of, without delay or prejudice to the ordinance itself. Sec. 42. Ordinances reported back to the Council by committees or officers will take their proper places in first, second or third readings. Sec. 43. Ordinances, resolutions and reports may be committed and recommitted at the pleasure of the Council. Sec. 44. The standing committees of the Council shall RULES. 95 consist of three (3) members each, except the Finance Committee, which shall consist of five (5) members, and the Committee of Contracts and Franchises, which shall consist of five ( 5 ) members ; they shall have, under the Council, full supervision of all matters relating to the special subjects referred to them. Sec. 45. It shall be the duty of the Committee of Finance to report ordinances making the annual tax levies and those making the annual appropriations to meet the several items of expense that are appropriately chargeable against the city ; all other matters relating to the raising of revenues shall also be referred to the committee. Sec. 46. All reports from committee shall be made in writing and must be signed by a majority of the members thereof ; and all committees shall return all papers referred to them and report upon the same to the Common Council at the next regular meeting, or at a special meeting if so ordered : Provided, that the Council may, in its discretion, extend the time for making such reports. Sec. 47. Resolved, That the rules may be changed at any time by a majority vote of the Council. Sec. 48. Resolved, That no resolution, ordinance, petition or business of any nature shall be received or con- sidered by this Council unless it is presented by some mem- ber of the Council, or as provided by law. Attest : W. T. JEFFERIES, C. B. OAKLEY, City Clerk. Mayor. Approved June 12, 1894. CITY OF FORT WAYNE. PART III. ACTS OF THE GENERAL ASSEMBLY In Force December 1, 1900. ACTS. 1 Section i. Be it enacted by the General Assembly of the State of Indiana, That all cities of this State which had a population of more than thirty-five thousand and less than forty-nine thousand inhabitants as shown hy the last preceding United States census, shall on and after the first Tuesday of May, 1894, he governed by the provisions of this act. Any city falling within the scope of this act shall be, and continue to be the same legal corporation as here- tofore, subject to the same liabilities heretofore incurred, and possessing the same rights which have heretofore accrued. All by-laws, ordinances and regulations not incon- sistent with this act shall remain and continue in force until altered or repealed hy the Common Council in conformity with the provisions of tlris act, 1)ut all 1:>y-laws, ordinances and regulations inconsistent with this act are hereb\ abolished. 2 Sec. 2. The elective officers of such cities shall be a Alayor, City Clerk and Councilmen, as hereinafter pro- vided. The elections of such cities shall be held as here- inafter provided: On the first Tuesday in the month of May for the election of Mayor, Clerk and Councilmen, and the first election hereafter for such officers shall be held in such cities on the first Tuesday in May, A. D., 1898, and the said officers shall hold their respective offices until the first Tuesday in May, 1901, when the second election of such officers shall he held, and the elections thereafter shall be held biennially on the first Tuesday in May, and such officers so elected shall hold their offices respectively for *^^wo years, and until their successors are elected and Cities of 49 , 000 . Subject to lia- bilities here- tofore incurred. Ordinances in- consistent abolished. Elective offi- cers, what shall be, term of office. Elections, when held. Duty of City Clerk in elec- tion. 100 LAWS AND OKDINANCES. Special elections. Power con- ferred. Offices abolished. Officers con- tinued. Pending pro- ceedings. qualified. Euch elections shall be held in conformity to and in accordance with the general election laws of this State, and with the laws for making out of certificates and memoranda of the result, and the delivery of the list of voters, and the tally papers, the assemblage of inspectors or judges of elections as a board of canvassers, and the duties of such Board in reference to State elections : Pro- vided, that such Board in city elections shall assemble in the room of the Council of such city on the day following such election at lo o’clock a. m. The duties of the County Clerk in reference to such State election shall be performed by the Clerk of such city. All special elections in such city shall be governed by the same provisions. The laws of this State in reference to contests after State elections and all other matters shall be applicable to such city elections as far as they are adapted to the same. (As amended b) act in force March, 1897.) 3 Sec. 3. On and after the first Tuesday of May, 1894, the Common Council, Mayor, City Clerk and all other city officers and employes shall possess the power con- ferred by this act, and no others. Until then they shall have the power now and heretofore conferred by law. All officers created by the statutes of the State or ordinances of the city heretofore in force in conflict with this act are hereby abolished, on and after said first Tuesday in May, 1894, except as herein otherwise provided, but until that time the officers filling the same shall continue in office, and have and possess the powers and perform the duties now and hereafter conferred by law, and the members of the Common Council of such city heretofore elected shall hold their offices until the first Tuesday of May, 1894: Pro- vided, however, They shall not be removed from office b}' impeachment as provided herein. In case such city, prior to the taking effect of this act shall have commenced, by its proper officers, any proceed- ings or undertakings of a public nature, which was lawfully commenced or undertaken, the same shall not be interrupted by the passage of this act, but it shall be taken up and carried forward by the proper officer or department as pre- ACTS. 101 scribed by this act, except that in case of public improve- ments of any sort, whether of sewers, streets, alleys, levees, public buildings, or any other matter of an executive nature, in which a contract has not at the time of the passage of this act been actually let and entered into, the executive de- partment having charge of such matter shall not be bound, unless it so elects, by the previous proceedings, but may review the whole subject and modify, change or rescind all orders previously made in that behalf. The present officers of such city shall surrender the custodv of all property, records and documents of every nature whatsoever, to the appropriate officer or departmeni entitled to the possession of the same under this act. 4 Sec. 4. In the event of a vacancy occurring in anv elective office of said city from the death, resignation or other cause, except Mayor, it shall be the duty of the acting Mayor within ten days of such time to fill such vacancv by appointment for the unexpired term, subject to the approval of the Council. 5 Sec. 5. The City Clerk shall forthwith, after the execution of the certificate of election by the Board of Inspectors of Elections of said office, as hereinbefore pro- vided, notify every ])erson so elected of the time when he must qualify, either by personal service or leaving copy at his usual place of residence, and shall make return of such service, and file the same in his office. 6 Sec. 6. Every elective officer of such city shall before entering upon the duties of his office, take and sub- scribe an oath to be endorsed on the back of his certificate of election, and every appointive officer shall likewise take such oath, to be endorsed on the back of his certificate of appointment, before some officer authorized to administer the same, to support the Constitution of the Ehiited States and the Constitution of the State of Indiana, and to faith- fully and honestly discharge all his official duties, such oaths to be filed with the City Clerk. Each of said officers, except the Mayor and members of the Common Council, shall likewise execute a bond with surety, to be approved by the Mayor, payable to such city in Exception. Surrender cus- tody to proper offi- cers. Vacancies. Appointment for unexpired term. Notification of election. Oath of office. Filed with City Clerk. Bond of offi- cers. 102 LAWS AND ORDINANCES. Filed with De- partment of Finance. Failure to file bond within ten days. Proviso. Unlawful to have an interest in Contract Void. Penalty. Purchase of bonds, etc., by officers or employes. such penal sum as said Council may enact by ordinance cov- ering- such cases, conditioned for the faithful performance of the duties of his office, and the payment of all moneys received by him as such officer to the proper person, such bond to be filed with the head of the Department of Finance. Any person who shall not file his oath, or oath and bond, as the case may be, with the proper officer, within ten days after the beginning of the term for which he is elected or appointed, shall be deemed to have refused to serve, and shall forfeit to the city the sum of ten dollars ($io), recoverable in a civil action, and the office shall be deemed to be vacant : Provided, That in case of such default a member-elect of the Council may within thirty days from the date of his election, present his excuse therefor in writing to the body to which he is elected, and any other officer may, within the same time, present his excuse in writing to the Council, and if such excuse is accepted, may be relieved from such penalty, and on taking such oath and giving such bond may assume the duties of his office. 7 Sec. 7. 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 inter- ested in any contract or agreement, either with such city, for any matter, cause or thing, or by which any liability or indebtedness 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 know- ingly violate the provisions of this section shall be fined not more than one thousand dollars ($1,000), to which may be added imprisonment for any period not exceeding one year. 8 Sec. 8. No Councilman, or other officer, clerk, deputy or employe of such city shall purchase, either directly or indirectly, any bond, order, claim or demand whatever against such city, during his continuance in office or employ- ment, for any less sum than the amount specified therein ; ACTS. 103 and any bond, order, claim or demand so purchasxl by any sucb person, in contravention of the foregoing pro- visions, shall be forfeited to such city, and no action shall ever be maintained thereon. Gifts and the acquirements of equitable interests shall be deemed to be within the meaning and scope of the provisions of this section. LEGISLATIVE. A. Organization. 9 Sec. 9. The legislative authority of the city shall be vested in a Common Council. 10 Sec. 10. The wards of such city shall remain in number and boundaries the same as now existing until such time as the same may be changed as hereinafter provided. The Common Council shall have power to readjust and fix the boundaries of the wards of such city, but shall make such wards of as nearly equal population and of as compact and contiguous territory as practicable. Such readjustment or fixing the boundaries of such wards shall not occur oftener than once in a period of six years, unless the same is made necessary by the annexation of new territory, in which case the same may be done at any time by ordinance passed by a two-thirds vote by the Common Council, but such new territory may be added to any existing ward or wards by ordinance of the Council. 11 Sec. II. Each ward shall elect two Councilmen at the city election hereinbefore provided for, whose terms of office shall commence at 12 o’clock noon on the first Tuesday of May following such election, and shall continue until their successors are elected and qualified, as hereinbe- fore provided. (As amended by act in force March, 1897.) 12 Sec. 12. No person shall hold the office of Councilman from any ward unless he is at the time of his election a resident and voter thereof; a removal of residence for such ward shall vacate his office. (As amended by act in force March, 1897.) 13 Sec. 13. The Council shall have the power to expel any of its own members for violation of official duty. Gifts to offi- cers. Common Council. Wards, num- ber of. Boundaries.. Change of.. 8 104 LAWS AND ORDINANCES. Expulsion. Rules. First regular meeting, ses- sions. Special meetings. Quorum. Two-thirds vote, con- struction of. Presiding of- ficer. Public meet- ing required. City Clerk’s duties. Appropriation ordinances, signed by presiding offi- cer, approved toy Mayor. Rules. and to declare the seat of any member vacant by reason of his disability to perform the duties of his office. The Council may adopt its own rules to govern such cases, but a two- thirds vote shall be required to expel a member or vacate his seat under this section. 14 Sec. 14. The members of the Common Council shall hold their first regular meeting on the second Tuesday of May, 1894, at 7:30 o’clock p. m., in the Council chamber. The Council shall thereafter meet not less than once a month, and as much oftener as their rules may require. Special meetings may be held on the call of the Mayor, or on such other calls as may be provided for by rules. A majority of all the members-elect shall constitute a quorum. It shall require a majority vote of all the members-elect to pass an ordinance. Wherever it is provided in this act that an ordinance shall be passed by a two-thirds vote, the same shall be construed to mean two-thirds of all the members elect. 15 Sec. 15. It shall be the duty of the Mayor to pre- side at all meetings of the Common Council, and in his absence for any cause the Council shall choose a presiding officer pro tern, from their members. 16 Sec. 16. All meetings of the Common Council shall be public. 17 Sec. 17. The City Clerk shall be the Clerk of the Common Council. It shall be his duty to keep the files and papers thereof, to make and keep an accurate minute and journal of the proceedings, to enter the “ayes and noes” on the passage of every ordinance and resolution in full, and on all other votes whenever requested to do so by two members. 18 Sec. 18. All ordinances, orders, resolutions and motions for the government or regulation of such city, and all ordinances for the appropriation of money shall originate in the Common Council. No appropriation shall be made for the payment of money otherwise than by ordinance, specifying by items the amount thereof, and the department for which such appropriation shall be made. The Council may prescribe its own rules. No ordinance, order or resolu- ACTS. 105 tion shall become law, or operative until it has been signed by the presiding officer thereof, and approved in writing by the Mayor, or passed over his veto, as provided in this act, and whenever the same may be necessary, promulgated according to law. 19 Sec. 19. No ordinance shall be passed on the same day, or the same meeting, that it is introduced, except by unanimous consent. 20 Sec. 20. Every ordinance imposing a penalty or forfeiture for the violation thereof shall, before the same shall take effect, be published once each week for two weeks consecutively in some newspaper printed in the city : Pro- vided, That in case of insurrection, riot, pestilence, con- flagration or other public necessity requiring immediate operation of such ordinance, it shall take effect as soon as proclamation is made thereof by the Mayor, and posted in five public places in each of the wards of such city : Pro- vided further. The Common Council shall have discretionary power to direct the publication of any ordinance in a daily newspaper, and the publication thereof for one day each in any two consecutive weeks in any daily paper shall be deemed sufficient to allow the same to take effect : Provided, That when no paper is published in such city, printed or written copies of such ordinance shall be posted up by the City Clerk in at least five public places in each ward of such city for two weeks before the taking effect thereof : Pro- vided, further, That whenever any city shall publish any of its ordinances in book or pamphlet form, such publication shall be of itself sufficient publication, and such ordinance or ordinances shall take effect two weeks from the date of publication appearing upon the said books or pamphlet. And such publication in book or pamphlet form, if the same shall purport to be printed under the authority of the Common Council of such city, shall be presumptive evidence in all courts and places, of the ordinances therein contained and of the date of adoption, and that the same are properly signed, attested and recorded, and approved by the Mayor. 21 Sec. 21. Every ordinance, order or resolution of the Common Council shall, immediately upon its enrollment. Passage of ordinance. Unanimous consent. Penal ordi- nance to be published. Exception. Revision of ordinances. Ordinances, enrollment. 106 LAWS AND ORDINANCES. Record of. Approval. Ordinances recorded. Presumptive evidence. Passage of. Corporate seal Fix salaries. Salary of Councilmen. attestation and signature by the Clerk, be presented by him to the Mayor, and a record of time of such presentment kept by the Clerk. If the Mayor approves it he shall sign it, and it shall become a law. If he does not approve it he shall return it to the Clerk, with his objections in writing, within ten days after receiving it, and the Clerk shall present the same to the Common Council at its next meeting. It shall be the Mayor’s official duty to express in writing his approval or disapproval, as hereinbefore provided. If for any reason the Mayor fails to discharge his duty within the time named, by approving or disapproving the same, in writing, the same shall be deemed equivalent to a disap- proval, and in all cases of disapproval by the Mayor the same shall not become a law unless the body in which the measure originated within thirty days after the time named for the Mayor’s action, again pass the same by a two-thirds vote. 22 Sec. 22. All ordinances shall, within a reasonable time after their approval by the Mayor, or their passage over his veto, be recorded in a book for that purpose kept by the City Clerk. Such record shall include the signature of the presiding officer, attestation of the Clerk, and the Mayor’s written approval or disapproval, and memorandum of its passage over his veto. Such record or certified copy thereof shall be presumptive evidence of the going into efifect of such ordinance. On the passage of any ordinance or resolution by the Council the yeas and nays shall be taken and entered in full on the lournal. 23 Sec. 23. The Common Council shall have power to enact ordinances for the following purposes : To provide a corporate seal, with appropriate device for such city, to be affixed to all instruments of w^ritings needing authentica- tion. To fix the salaries or compensation of the various officers and employes of such city, except where a different provision is made in the act upon this subject: Provided, That no member of the Common Council shall be allowed more than one hundred and fifty dollars ($150) for each year of his service as such member, nor shall any salary be charged after the election or appointment of a person to " V A-' i \ -a » 'Ui 1 '■ •. . V f- I J>' '^X 1 3 <1 ACTS. 107 an office until his term expires or his office is vacated. To protect all city property, real and personal. To provide for the punishment of contempt and disorder in the rooms of the Council and of the Police Court. To authorize a census of the city. To receive gifts, donations, bequests and public trust, and to agree to conditions and terms accompanying the same, and bind the corporation to carry them out. PUBLIC COMFORT AND PIEALTH. To declare what shall constitute a nuisance, to prevent the same, require its abatement, authorize the removal of the same by the proper officers, and provide for the punish- ment of the person causing, continuing or suffering the same to exist, and to assess the expenses of its removal against such person or persons, and to provide for collecting such expenses either by placing the same on tax duplicate or by suit. To regulate or prohibit the use of hand organs or instruments of any annoying character or other music of itinerant performers in the streets, alleys or public places of such city. To authorize the cleaning and ]:»urification of water and water courses by the Board of Public Works : to prevent encroachment or injury to the banks thereof, or the casting into the same of offal, dead animals, logs, rubbish, dirt, or impure liquids of any kind whatever. For the pur- pose of this paragraph jurisdiction is hereby conferred upon said city for ten miles from the corporate limits thereof. To regulate the location and management of starch factories, glue factories, renderies, tallow candleries, bone factories, soap factories, tanneries, founderies, slaughter houses, breweries, distilleries, livery stables and of all other establishments of which the business or trade may become noxious or injurious to public comforT or health ; to prohibit the erection of such buildings or the continuance of sirch noxious or injurious occupations therein whenever the pirblic comfort or health requires it. For the prrrpose of this para- graph srrch city is hereby given jurisdiction for four miles from the corporate limits thereof. To prevent or regulate the use of firearms, fireworks, bonfires or other things or practices tending to endanger Protect prop- erty. Contempt. Census. Bequests to city. Declare nuisances. Abatement. Regulate itin- erant per- formances in streets, etc. Purification of water and water courses. Regulate loca- tion starch, bone, soap factories, etc. Jurisdiction. Firearms and fireworks. 108 LAWS AND ORDINANCES. Impounding stocks. Removal slop, garbage, etc. Cleaning out- buildings. Storage of gunpowder or other explo- sives. Cemeteries. Jurisdiction. Quarantine, pages 6-9. Steam whistles. Public markets. persons or property. To regulate and prohibit the running at large of cattle, horses, swine, fowls, sheep, goats, dogs or other animals ; to authorize the impounding, keeping, sale and redemption of such animals when found in violation of the ordinances in such cases provided. To prevent the deposit of any unwholesome substance either on private oi public property, compel its removal to designated points, and to require slops, garbage, ashes and other waste or unwhole- some material to be removed to designated points, or to require the occupants of premises to place them conveniently for removal. For the purpose of this paragraph jurisdiction is given such city four miles from the corporate limits. To compel the occupants of any premises, buildings or out houses situated in said city or within four miles of the corporate limits thereof when the same has become filthy oi unwholesome, to abate or cleanse the same, and to authorize the same to be done by the proper public officers, and to assess the expense thereof against such property. To reg- ulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-glycerine, dynamite, giant powder, petroleum, gasoline or gas, or any product thereof, or any other explosive or combustible material, or any material which, may seem dangerous. To regulate the location and management of cemeteries or burial places within or without such city, and to protect the same and provide for the sanctity of the dead ; to regulate or prohibit the interment of bodies ; to authorize the removal of bodies now or hereafter buried, or of cemeteries to some other proper place. For these purposes such city shall have jurisdiction for four miles from the city limits. To establish quarantine regulations. To authorize the removal or confinement of persons having infectious or pestilential diseases. For the purpose of this paragraph and the preceding paragraph jurisdiction is given such city for four miles from its corporate limits. To regulate or prohibit the ringing of bells, crying of goods or sounding of steam whistles. To direct the location and regulate the management of all public markets and market places, whether established by the city or by private ) i * ■ ^ ' ■n'rj? y f- ■V-' ; if •»j 4 >i r ) .'4 .'*<■ .- ■ ■ ACTS. 109 individuals ; to prevent the offenses of regrating and fore- stalling. To regulate and require reports and records of births and deaths, and to make such requirements as may be deemed necessary to prevent the spread of contagious or infectious diseases. To authorize and require the inspection and condemnation, if unwholesome, and to regulate the sale of meats, poultry, fish, butter, oleomargarine, cheese, lard, vegetables, and all other food or provisions. To regu - late the selling, weighing, measuring of hay, wood, coal, coke, and all other articles sold by weights and measures, and to require dealers to keep honest weights and measures, and to provide for their inspection and selling. To authorize and require the inspection and licensing of steam boilers and elevators, and to prohibit their use when unsafe or dangerous, or without license. To define fire limits in such city, and the character of buildings which are forbidden to be erected within such limits, and to prohibit the erection of buildings in such city without a license first obtained therefor, and to regulate the construction of buildings to prevent the spread of fire. To authorize and require the inspection of buildings and structures erected or to be erected, or in the process of erection. To authorize the license therefor to be revoked, and the condemnation thereof in whole or in part, when dangerous or insecure in the opinion of the Department of Public Works, and to authorize the same to be taken down within a specified tini(^ by the owner thereof, or in default thereof to authorize the same to be taken down at the owner’s expense, or in case of an emergency to authorize the same to be taken down by the Department of Public Works, without delaying for the owner to do so. To compel persons about to undertake dangerous improvements to execute bond of sufficient sure- ties, conditioned that the owner or contractor will pay all damages which may be sustained by any person or property from such work. To make all regulations which may be deemed expedient for the promotion of health or suppression of disease. To regulate the construction of chimneys, smoke-stacks, hearths, ovens; the erection of stoves and stove-pipes, boilers and apparatus used in buildings or other Births and deaths. Inspection of meats, vege- tables, etc. Wood, coal, rights of. Boiler inspection. Fire limits. Building, in- spection of. License re- voked. Dangerous improve- ments, bonds for. Promotion of health. Smoke stacks, boilers, etc. 110 LAWS AND ORDINANCES. Fire escapes. Gas and water pipes, wires, inspection of. Lumber yards. Driving ve- hicles. Regulating speed. Bridges, cul- verts, etc. Trenches in streets. Sidewalks. Sweepings. places, and to cause the same to be removed or made secure then considered dangerous ; to compel owners and occupants of houses and buildings to make scuttles in the roof thereof, with stairs or ladders leading to the same, and to compel the erection of fire escapes. To authorize and require the inspection of gas pipes, water pipes, plumbing, drainage, sewerage and electric lines of wires on private property or elsewhere ; to compel them to be repaired or made secure by the owner or occupant, and on failure of such owner or occupant to do so to authorize or require the gas or electric current to be shut of¥ from the same until such repairs are made. To regulate and prohibit the keeping of any lumber yard, and the placing or piling of any lumber, wood or other combustible material within the fire limits. STREETS. To prevent immoderate or careless driving or riding. To regulate the use of streets and alleys by vehicles, and designate the kind of conveyances and vehicles which may not use designated streets, which have been improved, to- gether with hours for the use of such streets by certain specified classes of vehicles. To prevent the incumbering of streets, alleys, squares, sidewalks and crossings with vehicles, horses or any substance or material interfering with the free use of the same. To regulate the speed of horses, wheeled vehicles, cars and locomotives. To regulate and protect all bridges, culverts, tunnels, viaducts, aque- ducts, sewers, canals and hydrants, wholly or partly in said city, and to prohibit digging in such streets, alleys or public places, or in any way injuring, disturbing or making holes in the surface thereof. To regulate the use of side- walks and all structures in, under or over the same, and to require the owner or occupant of premises to keep the sidewalks in front of the same free from snow and other obstructions, and to prescribe hours for cleaning the same. To regulate and prevent the throwing or depositing of sweepings, dust, ashes, offal, dirt, garbage, paper, hand bills, dirty liquids or any other material into any streets, alleys or public places. To regulate and prevent the use of streets. ACTS. Ill sidewalks and public places for signs, sign posts, awnings, awning posts, poles, horse troughs, steps, railings, entrances racks, posting hand hills and advertisements, and displays of goods, wares and merchandise. To regulate and prohibit the exhibition or carrying of banners, placards, advertise- ments or hand bills on the streets, alleys and public places. To regulate and prevent the flying of flags, banners, or signs across the streets, or from houses. ^f'o regulate the numbering of houses and lots, and compel owners to re-number the same, or, in default thereof, to authorize and require the same to be done by the Depart- nient of Public Works at the owner’s expense, such expense to constitute a lien upon the property and enforceable as provided in the ordinance. To regulate or change the name of streets and parks. To regulate the making of private connections with sewer, gas and water pipes, and to compel owners of -property to bring such connections inside of the curb of streets before permanent improvements thereof ; and in default of the owners making such connections to authorize the city to do so at the owner’s expense, and to make such expense a lien on the property, and collectible in the same manner that expenses for sprinkling streets are collectible. OCCUPATIONS. To regulate, license and tax street cars, telephone and telegraph companies; the use of coaches, hacks, drays and all other vehicles for the transportation of passengers, freight or other articles to or from points within said citv for hire or pay. To regulate, license, tax, restrain or pro- hibit theatrical and all other exhibitions, shows or entertain- ments for which money is demanded or received : Provided, That lecturers on scientific, historic, benevolent, artistic, religious or literary subjects, and apparatus for the elucidation of the same and specimens of fine art shall not be deemed to be within this provision. To license, tax, regulate or prohibit runners at railroad stations and other places for stages, cars, public houses, for other things or persons. To regulate the sale of all kinds of property at 9 Signs, awn- ings, etc. Hand bills, etc. Flags, banners Houses, number. Streets and parks, name of. Sewer con- nections. Expense collectible. Vehicle license. Theatrical, etc. Runners, rail- road stations, etc., license. 112 LAWS AND ORDINANCES Auction. Sas and water supply. Hawkers, etc. Hackmen, bill posters, tc. Hotels, etc. Liquors. Breweries. Jurisdiction. Lumber yards, livery stables and scales. Junk stores. Dogs. Dairies. Wheeled 'Vehicles. Branch stores. auction in the streets, stores, shops or elsewhere in the city, and to license auctioneers. To license, tax, regulate and prohibit the supply, dis- tribution and consumption of artificial and natural gas, of water and electricity, and to fix the prices thereof. To license, tax, regulate, suppress and prohibit hawkers and itinerant dealers, peddlers and pawnbrokers, and to revoke such license at pleasure. To license, tax and regulate public hackmen, draymen, omnibus drivers, carters, cabmen, porters, expressmen, bill posters and all other persons pursuing like occupations, and to prescribe their compensation. To license, tax and regu- late or prohibit all inns, taverns, hotels, restaurants or other places used or kept for public entertainments. To license, tax and regulate the selling or giving away of any spirituous, vinous or malt liquor, and to tax, license and regulate places where such liquors or either of them are manufactured or stored, or where such liquors or either of them are to be used on the premises where given away, sold, stored or manufactured ; but such license shall not exceed the amount ])rovided by the laws of this State for other cities thereof. For the purpose of this section jurisdiction is given such city for four miles from its corporate limits. To tax, license and regulate distilleries and breweries, and the depots or agencies establi.shed in said city of all breweries and dis- tilleries. To regulate and license lumber yards, livery stables and public scales. To tax, license and regulate second-hand and junk stores, and to forbid their purchasing or receiving from minors any article whatever without the consent of their parents or guardians. To license, tax, regulate and prohibit the keeping or harboring of dogs. To license, tax, regulate and prohibit dairies and keeping of milch cows. To license, tax and regulate wheeled vehicles: Pro- vided, That the funds derived therefrom shall be applied onlv to the maintenance and repair of streets and alleys. To license, tax and regulate branch stores or establishments and all other concerns established in said city for temporary business only. \ 1 : - : ■S 'i »« f ^ 6 .*^j i \ ■ *., ■*- ■ ■S- ;' '♦> - . • >5 ACTS. 113 MORALS. To preserve peace and good order, prevent vice and immorality, quiet riots and dispel disorderly assemblages. To suppress gaming and gaming-houses and places and houses of ill-fame or assignation, or houses kept for any immoral purposes ; to prohibit and destroy any instruments or devices for gaming, and to restrain fraudulent practices. To license, tax, regulate, restrain or prohibit all tables, alleys, machines, devices or places of any kind for sports or games. To regulate the time and place of, restrain or prohibit bathing in the rivers or public waters of such city. To direct the location and management of public bath- houses, to license the same or to require the same to be closed, if deemed expedient. To restrain and punish vagrants, mendicants, street beggars, common prostitutes and their associates, thieves and criminals, or persons known or reputed to be such. For the purposes of the last five paragraphs such city is given jurisdiction for four miles from the limits thereof. To prohibit cruelty to children or animals. DRAINAGE. To keep open rivers, streams or waterways, prevent the waters thereof from pollution; jurisdiction for these two purposes being given such city for ten miles from its corporate limits. To provide for change in course of streams, rivers or waterways, passing through or bordering upon the corporate limits thereof, and to authorize the exercise of the power of eminent domain, either within or without such city, for the purpose of securing a new course for such streams, river or waterways. To provide on what terms real estate in such city may be drained or sewered by means of surface or under drains, or sewers over and across other real estate therein, or within four miles thereof, whether within or without the limits of another municipal corporation, and to provide the methods assessing the property benefited thereby and collecting such assessment to pay for the costs and uses thereof. Peace, good order. Gambling, houses of ill- fame. Gaming devices. Bathing. Bath houses. Vagrants. Beggars. Jurisdictions. Cruelty to children and animals. Waterways. Change of course. Drainage. 114 IvAWS AND ORDINANCES. Speed of trains. Fence, track, cattle guards, etc. Flagmen. Grade and crossings. Culverts. Gutters. Permission to lay or remove tracks. Fire engines, etc. RAILROADS. To secure the safety of citizens and others in the run- ning of trains in or through such city, to require persons or corporations owning or operating railroads, to fence their respective railroads, to construct cattle-guards, street crossings and viaducts, and public roads and to keep the same in repair and safe condition for persons on foot, in vehicles, or otherwise ; to construct and maintain gates, and to keep flagmen at railroad crossings, and provide pro- tection against injury to persons or property from the operation of said railroads ; to authorize and require railroad companies to change the location, grade and crossings of their respective railroads ; to compel them to raise or lower their railroad tracks to conform to any grade which may be established by such ordinance ; to compel persons or companies owning or operating railroads to construct bridges, viaducts or tunnels, and approaches thereto, across their respective railroads or rights of way, at street or alley crossings ; to compel railroad companies to make and keep open and in repair ditches, drains, sewers and culverts along and under their respective tracks ; to require railroad corporations or persons owning and operating railroads to keep gutters and street crossings clean along their right of way ; to prohibit the laying of any railroad track across any street or alley or public place without permission first obtained therefor from the Department of Public Works, and to provide for the taking up and removing any track so laid without notice, and charge the expense thereof against the offending person or corporation ; to require any person or company owning or operating any railroad to take up and change the location of any railroad track or switch heretofore or hereafter laid within the limits of said city. To regulate and protect, except as otherwise herein provided, fire engines, hose, hook and ladders and all other property or apparatus belonging to or used by the Police or Fire Department, and to prevent interference with the members of the Police or Fire Departments while on duty. ACTS. 115 I'o authorize the closing of any street, alley or public place, or part thereof, whenever the public safety may require. To authorize the alienation and conveyance of any property, real or personal, belonging to such city : Pro- vided, That no such property shall be sold until the same has been appraised by three disinterested freeholders of such city, appointed by the Judge of the Circuit Court in the county where such city is located, neither of said ap- praisers, to be officers or employes of such city, and their sworn valuation, in writing, returned to the Mayor ; no sale or conveyance shall be made for a less sum than such appraisement, and in case of real estate only by a two-thirds vote of the Common Council. To regulate pounds, market houses, market places, houses of refuge, pest houses, hospitals, dispensaries, engine houses and all other public city institutions. MISCELLANEOUS. To regulate the building of party walls and partition fences, prescribe in what proportion adjoining owners shall bear the expense of the same, and in what manner such expense shall be levied and collected, and to define the terms upon which partition walls already established may be used by adjoining owners. To carry out the objects of the cor- porations not hereinbefore particularly specified : Provided, That such ordinances are not inconsistent with the laws of the State. 24 Sec. 24. In every ordinance which the Common Council shall pass there may be imposed a penalty for the violation or non-performance thereof. This penalty may be either a forfeiture of money or a fine or imprisonment or both of the last two : Provided, That no penalty or fine shall exceed five hundred dollars ($500.00) and no im- prisonment shall exceed six (6) months for one offense. 25 Sec. 25. The City Council shall have power to provide by ordinance for imprisonment of any person against whom a penalty, fine or cost for violation of any penal ordinance shall have been adjudged until such fine, penalty and costs are fully paid or replevied ; also to compel Closing of streets, public places, etc. Conveyance of city property. Pounds, market houses and other city in- stitutions. Party walls and partition fences. Penalties. Imprisonment. 116 LAWS AND Olf.DINANCKS. Manual labor. Executive functions. Restriction. Investigate departments and officers, etc. Access to all records. Subpoenas. Refusal to tes- tify. Report to court. the enforcement of manual labor by such defendant and by persons sentenced to imprisonment, by the use of suf- ficient force and means. 26 Sec. 26. Whenever any executive or adminis- trative function shall be recpiired to be performed by any ordinance or resolution of such Common Council, the same shall be performed by the proper executive department and not by said Council. No new department shall be created; said ordinance shall designate the department which is to perform the duties thereunder, but if designation is not made, either by statute or ordinance or resolution, the Mayor shall assign such duties to the proper department. Investigation and Impeachment. 27 Sec. 27. The Common Council shall have power to supervise and investigate all departments, officers and employes of the government of such city, and to examine into any charge preferred against the same and into the affairs of any corporation, department or board in which the city may be interested, or with which it may have entered into a contract or may be about so to do. It shall have power of access to all records thereto pertaining, and power to compel the attendance of witnesses and the pro- duction of books, papers and other evidence at any meeting of the body, or any committee thereof, and for that purpose may issue subpoenas and attachments in any case of inquiry, investigation or impeachment, and cause the same to be served and executed in any part of the county where such city is located. If any witness shall refuse to testify as to any fact within his knowledge, or to produce any books or papers within his possession or under his control, required to be used as evidence in any case, the Clerk of the body by whose authority such witness was subpoenaed, if so directed by the body, or committee holding the investigation, shall forthwith report the facts relating to such refusal to the Circuit or Superior Court in such county or Judge thereof; and all questions arising upon such refusal, and also upon any new evidence not included in such first report, which - iirs ACTS. 117 new evidence may be offered either in behalf or against such witness, shall be heard by such court or judge. If the court or judge determine that the testimony or evidence required by such witness is competent and relevant, and material, and ought to be given or produced by the witness, the court or judge shall make an order requiring the witness to testify or to produce books and papers, or both. In case of refusal to comply with such order, the court or judge shall have power to commit the witness or otherwise punish him for contempt, as provided for in the laws governing contempt of court in this state. No witness shall be execused from testifying in any criminal proceeding or in any investigation or inquiry before the Council or any committee thereof, or any officer of the city having the right to conduct the investigation, touching his knowl- edge of any offense committed against the provisions of this act, or of any ordinance passed in pursuance thereof, or continued in force by this act. But such testimony shall not be used against him in any criminal prosecution whatever. Refusal to obey order of court con- tempt. Testimony in criminal cases. 28 Sec. 28. Whenever any written charges shall Written have been adopted by the Council, or any committee thereof, cf^arges. against any officer, employe or department of the corpora- tion, except members of the Council, the same shall l)e heard bv the Council, under such regulation as may be prescribed by ordinance. It shall require a two-thirds vote vote to im. to impeach or remove an officer or emplove. peach. Financial. 29 Sec. 29. The Common Council shall have power Tax levy, to order and direct the levy of an annual tax, not exceeding the rate of one dollar and twenty-five cents ($1.25) upon every one hundred dollars ($100) of valuation for any one year, as shown by the tax duplicate for the current year, and to manage the finances of the city, subject, however to the powers and duties herein prescribed in respect to the several collection executive departments created by this act. ’ The assessment of property and collection of taxes shall be made as now provided by law: Provided, That all real estate within 118 LAWS AND ORDINANCES. Agriculture lands. Limit of In- debtedness. Loans. Issue of bonds, rate of interest. Advertise for sale. Sale of by Comptroller. Delivery to City Treasurer. Duties of Treasurer. Report. the limits of such city, not exempt from taxation by the laws of this State, shall be assessed at its fair cash value, without discrimination in the valuation of lands used for agricultural purposes within the limits of such city. 30 Sec. 30. The Common Council shall have power to borrow money to an amount not exceeding two per cent. (2 per cent.) of the taxable property of such city, as the same may appear on the tax duplicate of such city, for the year in which such loan shall be effected : Provided, That the entire money borrowed shall not at any time exceed two per cent. (2 per cent.) of the taxable property of such city, except for the issue and sale of refunding bonds as hereinbefore provided. Such loans may be made only for the purpose of procuring money to be used in the legitimate exercise of the corporate powers of such city, and for the payment of legitimate corporate debts. 31 Sec. 31. Such ordinance for loans may authorize the issue of bonds or other city obligation, negotiable or not, bearing interest at a rate not exceeding 6 per cent., and running not to exceed thirty years. Such ordinance shall provide for the time and manner of advertising the sale of such bonds or other securities and of the receipt of bids for the same, together with the mode and terms of sale. All duties with regard to the preparation, advertise- ment, negotiation and sale of such bonds or other securities shall be performed by the head of the Department of Finance ; said officer, after causing such bonds to be properly executed, shall deliver the same to the City Treasurer, taking his receipt therefor, and upon the conclusion of the contract for the sale of such bonds or other securities shall certify to the Treasurer the amount which the purchaser is to pay for the same, together with the name of the pur- chaser, and thereupon it shall be the duty of the Treasurer to receive from the purchaser the amount so certified by the Department of Finance, and to deliver the bonds or other securities to the purchaser, taking his receipt therefor. The Treasurer and head of the Department of Finance shall thereupon each make a report of his proceedings to the Mavor. ACTS. 119 32 Sec. 32. Temporary loans may be authorized by ordinance of the Common Council in anticipation of the revenue of the city for the current and following year, and payable within that period, but the aggregate amount of such temporary loan in any fiscal year shall not exceed the amount of city tax levy for the same year. No temporary or other loan upon the revenue of any current or succeeding year shall be made until all temporary loans upon the revenue of any preceding year shall have been fully paid. 33 Sec. 33. The Common Council shall have power to authorize the issue and sale of refunding bonds in order to raise money to take up any outstanding bonds of such city, or to exchange with the holders of such out- standing bonds. The same shall be governed by the pro- visions of the second preceding section, so far as the same are applicable. 34 Sec. 34. No order or warrant shall be drawn against the funds of such city in the hands of the Treasurer or other officer, unless an appropriation has been made by ordinance of money for such purpose which is not ex- hausted, or unless the same shall be for a salary fixed by statute or ordinance, or for the payment of some judgment which such city is compelled to pay. 35 Sec. 35. All bonds or other city securities offered for sale, pursuant to the provisions of this act, may bear annual interest not exceeding six per cent. (6 per cent.), may run not longer than thirty years, and may contain an option allowing such city to redeem the same at earlier specified dates in whole or in part if so directed in the ordinance authorizing such issue. 36 Sec. 36. If the Common Council for any year shall fail to pass ordinances fixing the annual tax levy and appropriating money for the various executive depart- ments by or before the first day of October in any year then and in that case the appropriations made for such department or departments for the preceding year shall be deemed to be continued and renewed for the current year, and the tax levy of the preceding year continued. Temporary loans. Limit of. Refunding bonds. Warrants when may be drawn. Rate of in- terest on bonds. Period of bonds. Failure to fix tax levy. 10 120 LAWS AND ORDINANCES. Annexation. Boundaries. Contiguous territory. Annexation. Evidence, what shall be Publication of ordinance. Appeal, when , permitted. 37 Sec. 37. The Common Council shall have power by ordinance to declare and define the entire corporate boundaries of such city, and such ordinance, properly certified, shall be conclusive evidence in any court or pro- ceeding of the boundaries of such city, except as provided in the next section. Such ordinance defining the entire city boundary may include contiguous territory, whether platted or not, not previously annexed, and such annexation shall be binding, unless such newly annexed territory shall be within the limits of another town or city, in which case there may be an appeal, as hereinafter provided. Said Common Council may also, by separate ordinance, not pur- porting to define the entire boundaries of such city annex contiguous territory, whether platted or not, and whether in the limits of an incorporated town or not to such city ; and a certified copy of such ordinance shall be conclusive evi- dence in any proceeding that the territory therein described was properly annexed, and constitutes a part of such city, except as provided in the next section. Immediately after the passage of every such ordinance as provided for in this section, the same shall be published for at least two consecutive weeks in a daily newspaper of general circula- tion published in said city. 38 Sec. 38. Whenever such territory is annexed to such city, as provided in the foregoing section, whether by general ordinance defining the city boundaries, or by special ordinance for the purpose of annexing territory and such territory so sought to be annexed is unplatted ground or lies within the corporate limits of any other town or city, an appeal may be taken from such annexation by one or more resident freeholders in the territory sought to be annexed, filing their remonstrance in writing against such annexation, together with a copy of such ordinance in the Circuit or Superior Courts of the county where such territory is situated, within ten days after the last publica- tion provided for in the preceding section, such written remonstrance or complaint shall state the reason why such ACTS. 121 annexation ought not in justice to take place. Notice of such proceedings by way of summons shall be served upon the proper officer of the city seeking to make annexation, and such city shall become defendant in such cause, and shall be required to appear and answer as in other cases. The court shall thereupon proceed to hear and determine such appeal without the intervention of a jury, and shall give judgment upon the question of such annexation ac- cording to the evidence which either party may introduce relevant to the issue. If the court should be satisfied upon hearing that less than 75 per cent, of the resident free- holders of the territory sought to be annexed have re- monstrated and that the adding of such territory to the city will be for its interest and will cause no manifest injury to the persons owning real estate in the territory sought to be annexed, he shall so find, and said annexation shall take place. If the court shall be satisfied that 75 per cent, or more of the resident freeholders in the territory sought to be annexed have remonstrated, then such annexation shall not take place, unless the court shall find from the evidence that the ])rosperity of such city and territory will be materially retarded and the safety of the inhabitants and property thereof endangered without such annexation. In case the court shall so find the annexation shall take place. Notwithstanding the remonstrances such decision shall be final, and no appeal shall lie therefrom ; nor shall the laws touching change of venue from the county apply, but changes of venue from the judge may be had as in other cases. Costs shall follow judgment. Pending such appeal, and during the time within which such appeal may be taken, such territory sought to be annexed shall not be deemed a part of the annexing city. Upon the determination of such appeal the judgment shall particularly describe the ordinance upon which the appeal is based ; and it shall be the duty of the County Clerk to forthwith deliver a certified copy of such judgment to the Clerk of such city, who shall record the same in the ordinance record and make a cross reference to the page thereof upon the margin where such original ordinance was recorded. In case the decision is Notice, how served. Appeal, how taken. Court io de- termine with- out jury. Remonstrance. Change of venue. Duty of County Clerk. 122 I.AWS AND ORDINANCES. When decision is adverse to annexation. Annexation of part of town forbidden. Debt of an- nexed town. Disannexing territory. adverse to such annexation no further annexation pro- ceedings for such territory shall be lawful for two years after the rendition of such judg’ment. 39 Sec. 39. No such annexation shall be made under the foregoing sections, of any part of the territory of any other incorporated town or city, but only of the whole corporate territory thereof. In case of such annexation the two corporations shall be deemed to be consolidated, and the consolidated corporation shall be bound for all the debts and liabilities, and shall be the owners of all corporate property, franchises and rights of every natur.e, including all taxes of both such municipal corporations. 40 Sec. 40. The Common Council shall have power by ordinance to disannex and throw out any territory forming a part of the corporate limits of such city, upon a petition of a majority of the freeholders resident therein • but such disannexation shall not relieve such territory from being taxed for the purpose of paying any city indebted- ness existing before such disannexation, nor the interest thereon, nor any new securities issued to refund such in- debtedness, nor the interest thereon. Mayor. Clerk. Departments. Election. Terms. Qualifications of Mayor. EXECUTIVE. 41 Sec. 41. The executive and administrative authority of such city shall be vested in a Mayor, City Clerk, the departments hereinafter created or referred to, and such other officers as may hereinafter be appointed bv Virtue of this act. 42 Sec. 42. There shall be chosen at each general election, hereinbefore provided for, by the voters of said city, a Mayor, a City Clerk, each of whose terms of office shall commence at 12 o’clock noon on the Thursday next after their election, and shall continue two years, or until his respective successor is elected and qualified, except as herein otherwise provided. No person shall be qualified for the office of Mayor who has not been a citizen and resident of such city for three years previous to his election, and who IS not at least twenty-five (25) years of age. ACTS. 123 43 Sec. 43. In case of a vacancy occurring in the office of Mayor, from death, resignation or otherwise, more than six months before a general election shall occur, it shall be the duty of the acting Mayor to take official notice thereof, and within ten (10) days thereafter issue his proclamation calling for a special election by the voters of such city at a date therein named, not later than forty (40) days nor earlier than twenty-five (25) days after the issuance of such proclamation to fill such vacancy or vacancies. Such special election shall be governed by the laws and regulations governing general elections. 44 Sec. 44. In the case of vacancy in the office of Mayor, from death, resignation or otherwise, or in case of disability on the part of the Mayor to perform the duties of his office, the City Comptroller shall perform the duties of acting Mayor, and be entitled to his salary for the time being : Provided, That during the time of performing such duties of acting Mayor he shall not perform any duties as Comptroller. 45 Sec. 45. It shall be the duty of the Mayor to cause the ordinances of the city and the laws of the State to be executed and enforced ; to communicate to the Council at least once a year a statement of the finances and general condition of city aft’airs, and also such information in rela- tion to the same as he may be called upon to furnish from time to time ; to make such recommendations in writing, by message to the Council, as he may deem expedient; to call special meetings of the Council when he shall deem the same expedient ; to perform such duties of an executive or administrative character as may be prescribed by law, and he shall be responsible for the good order and efficient govern- ment of the city ; to fill, by appointment, vacancies for unex- pired terms in all the elective offices, except that of Mayor ; to appoint the heads of departments, as hereinafter created, who shall hold office until their successors are appointed and qualified : Provided, That the Mayor may at any time suspend or remove from office any or all such persons, whether appointed by him or his predecessors, by notifying them to that efifect and sending a message to the Council stating Vacancy. Special election. Comptroller acting mayor, when. Mayor, duties of. Enforces ordinances. Annual report of. Recommenda- tions. Special meetings. Responsibility for good order. Fill vacancies. Suspends and removes officers. 124 LAWS AND ORDINANCES. Signs Bonds, Contracts, Licenses. Revocation of licenses. Approves and vetoes ordi- nances. Appropriation ordinances. Consultation with heads of departments. Record of meetings. Examination of accounts. in writing his reasons for such removal ; to sign all bonds, deeds and written contracts of the corporation, and all licenses issued pursuant to law, by any department, and to revoke or suspend any such license ; to approve or dis- approve in writing, within ten (lo) days after receiving the same, every ordinance or resolution of the Council, and he shall transmit to the body in which the same originated within such time a message announcing such approval or veto ; in case of a veto he shall state in writing his reasons therefor ; and such resolution or ordinance shall not become operative unless the same is passed over such veto, by a two-thirds vote of the Common Council : Provided, That in ordinances appropriating money or levying a tax or taxes, the Mayor may approve or disapprove of the separate items of such appropriation or levy. In case of disapproval of any item or items, and approval of the remainder of the ordinance, so much of the same as it approved shall be law and operative and those items which are disapproved shall not become law and operative, unless passed over his veto by a two-thirds vote as above provided. To call together the heads of departments, except of assessment and col- lection, for consultation and advice upon the affairs of the city at least once a month, and to call on the heads of all departments for reports from the same, which it shall be their duty to prepare and submit in writing. Records shall lie kept of such meetings as above provided for, and rules and regulations shall be adopted thereat, for the administra- tion of the affairs of the city departments not inconsistent with any law or ordinance, which regulation shall prescribe a common and systematic method of ascertaining the com- parative fitness of applicants for office, position and promotion, and of selecting, appointing and promoting those found to be best fitted. To appoint, as often as he thinks proper, three competent persons to examine without notice the amounts [accounts] of any department, officer or employe, and the money, securities and property of the city in their possession or charge, and report the result of such investigation. He shall be the conservator of The peace and as such > ■ ACTS. 125 shall have within the city limits the powers conferred upon Justices of the Peace, for that purpose, and shall perform such other duties as the nature of his office and the interests of the city shall require. He may take and certify under the seal of the city the proof and acknowledgement of deeds and other instruments in writing which shall be good in any court in this State without further authentication, he may also take and certify depositions and affidavits and the same shall have a like force and effect as if taken by Justice of the Peace, he shall hold a city court every day, Sunday excepted, at a place to be furnished by the Common Council. While sitting as such court he shall have exclusive jurisdiction of all prosecutions for violation of the by- laws and ordinances of the city ; he shall have within the limits of said city the jurisdiction and powers of a Justice of the Peace in all matters civil and criminal arising under the laws in this state and for crimes and misdemeanors his jurisdiction shall be coextensive with the county in which such city is situated : Provided, That in trials before him he shall have power to adjudge imprisonment with hard labor as a part of his sentence not exceeding thirtv days in the city or county prison. In all actions in the City Judge’s or Mayor’s Court either party may have a trial by jury and a change of venue to a Justice of the Peace in such city, and an appeal to a court of competent jurisdiction under the same re- strictions and in the same manner as from Justice’s Court except in cases where the Mayor has exclusive jurisdiction no change of venue shall be allowed. The same rules of pleading and practice shall be observed in the City Judge’s or Mayor’s Court that are in the Justice’s Court. The Mayor shall give bond, payable to the State of Indiana, in any penal sum not less than three thousand dollars, to be approved by the Clerk of the Circuit Court, with freehold security, conditioned for the faithful per- formance as Mayor and all other duties herein required, and file the same with the Clerk of the Circuit Court within the time directed by law for Justices of the Peace. All fines and penalties collected by him shall be paid Mayor shall be conservator of the peace. Mayor hold court when, Mayor’s jurisdiction. Rules of prac- tice in May- or’s court. Mayor shall give bond. 126 LAWS AND ORDINANCES. Fines collected Mayor, pay- able to whom. Mayor to keep docket. Fees entitled to. pocket in case of death of Mayor. Mayor’s fees paid to Comp- troller. Actions brought by the city What to aver. to the Comptroller of the city within one month after the same shall have been received by him in the kind of a fund so received, except when otherwise directed by acts pre- scribing the duties and powers of Justices of the Peace, in which case he shall pay all fines in the same manner and under the same restriction that Justices of the Peace are required to do. 46 Sec. 46. The Mayor or City Judge shall keep a docket as Justices of the Peace do, and in case of the absence of such Mayor or City Judge, for the space of five days or more, or of inability in consequence of sickness or other causes, for a like period, shall, prior to the departure in the first case and at the expiration of five days in the last case (if his inability continue) deposit, or cause to be deposited, his docket with any Justice of the Peace within said city, and such Justice shall, during such absence or inability, be vested with, and exercise all the judicial powers and authority of said Mayor or City Judge, and be entitled to his fees and emoluments therefor, the Mayor or City Judge shall be entitled to the same fees as Justices of the Peace. In case of a vacancy in the office of Mayor or City Judge, by death, resignation, or otherwise, the Council shall cause his docket to be placed in the hands of some Justice of the Peace of said city, who shall act as, and have all the judicial powers and authority of such Mayor or City Judge, until the vacancy can be supplied, as provided by law, and the official bond of such Justice shall embrace all his official acts in such capacity : Provided, That all fees herein provided for the Mayor or City Judge shall be paid to such Mayor- or City Judge for the use and benefit of such city, which fees the Mayor or City Judge shall pay into the Comptroller’s office, once in every three months, for the benefit of the general funds of the city. The Mayor or City Judge shall draw no salary from the City Treasury until he shall have filed with the Comptroller a relinquishment and transfer to such city of all taxable fees allowed him bv law in all cases. 47 Sec. 47. Whenever any suit shall be instituted by such city it shall not be necessary to aver its corporate organization, or the publication of its by-laws or ordinances, unless the same is contradicted by affidavit. ACTS. 127 48 Sec. 48. In all prosecutions against any railroad or other incorporated company for the violation of any ordinance of the Common Council of any city, a summons may issue against the company and may be served on the President, Superintendent, Secretary, Treasurer, Station Agent or General Agent, and upon the trial of the cause, judgment may be rendered against the railroad company for such penalty as may be adjudged, or the conductors or other agents of the company guilty of the violation, may be arrested by warrant, and may be proceeded against per- sonally as in other cases. 49 Sec. 49. All actions brought to recover any pen- alty or forfeiture incurred under this act or ordinance made in pursuance thereof, shall be brought in the corporate name of such city, the process in every such action shall be a war- rant and the person named in such warrant shall be arrested and retained in custody or under reasonable recognizance until the next sitting of the City Court, and it shall not be necessary to file with the affidavit or complaint a copy of the ordinance, or section thereof, charged to have been violated, but it shall be sufficient to recite in the affidavit or complaint the number of the section charged to have been violated, with the date of its adoption ; nor shall it be necessary to copy any part of the affidavit or complaint or other pleadings in the record of the cause : Provided, That the Mayor shall note upon his docket the parties to the action, the title to the cause, the filing of the complaint or affidavit, the issuing and return of process and the judgment and pro- ceedings had in the cause, and the satisfaction o^ iudgmrnt when paid. 50 Sec. 50. If the penalty or forfeiture in which judgment is obtained is not paid or replevied, the defendant may be committed, for any period not exceeding thirty days, to the work-house of such city, or if such city has no work- house then the county prison of the county in which such city is situated, and in the latter case it shall be the duty of the person having charge of such prison to receive such defendant, and obey the judgment of the City Judge’s or Mayor’s Court in reference to him or her, and in default of Actions against railroads. Service on whom in ac- tions against railroad. Actions brought in name of City. What com- plaint must contain. What the court’s record must contain. Judgment, how enforced. 11 128 LAWS AND OKDINANCKS. Length of time that con- fined. Prisoners worked on the street. Mayor’s salary. Clerk, duties of. payment or replevy of such judgment and costs the de- fendant, unless a female may be adjudged and required to pay the same by manual labor in said work-house or county prison, or on the street or other public works of such city, under the control of the Department of Public Works of such city, for which labor such defendant shall be allowed on such judgment and costs seventy-five cents per day. It shall be the duty of said Department of Public Works, or such officer as the Department of Public Works may direct, to work such defendant not less than six nor more than ten hours per day, according to the season, and each evening return him to the custody of the keeper of such prison or work-house. Upon the full payment, as afore- said, of the judgment and costs, such defendant shall be fully discharged. And such Department of Public Works is hereby authorized and required to perform all the duties herein prescribed and to use all proper means thereto ; and the Common Council is hereby vested with full authority to pass by-laws and ordinances for the purpose of com- pelling the enforcement of such manual labor by such de- fendant, by the use of sufficient force and means as they may deem right and proper. If any prisoner is required to work upon the streets and other public works of the city as a part of his punishment, then such city shall pay to the county the fees now allowed to Sheriff for boarding prisoners while such prisoner is confined in the county prison or jail, and such defendant may, at any time, replevy and pay such judgment and costs; and in case he has per- formed labor under such judgment, he shall be entitled to a credit for the same amount of labor performed, and the l^alance mav be paid or replevied as aforesaid. 51 Sec. 51. The Mayor of such city shall be paid an annual salary of twenty-five hundred dollars ($2,500), which may be increased by ordinance to any amount not exceeding three thousand dollars ($3,000), and he shall receive no other compensation whatever. 52 Sec. 52. The Clerk of such city shall be the Clerk of the Common Council, and may appoint one or more deputies at his own expense to assist him ; he shall keep the records of the proceedings of said body, said City Clerk ACTS. 129 shall have charge of all the papers relating to the business of said Common Council, shall prepare and keep an ordi- nance book, as elsewhere provided in this act, shall have charge of all documents and books, the keeping of which may be entrusted to him by statute or ordinance, shall keep the city seal, and shall perform all other duties pre- scribed by law or incident to his office. He shall receive a salary at the rate of fifteen hundred dollars ($1,500) per year, which may be increased by ordinance at a rate not exceeding two thousand dollars ($2,000) for all such services, and shall not receive any other compensation, fee or perquisite, except for furnishing certified copies of the records in his possession, which shall be received as evidence in any proceeding, and for which the said Clerk shall receive like fees as paid to the County Clerks for similar services ; said Clerk shall deliver over to his successor as soon as the same shall have qualified for office, all documents, books and belongings of his office. The City Clerk may be authorized by the Common Council to employ a deputy at a salary not to exceed one thousand dollars ($1,000) per year: Provided, That it is shown to the satisfaction of the Council that such Clerk is necessary. Ordinance book. Salary of Clerk. Perquisites. Deputy Clerk, when. DEPARTMENTS. 53 Sec. 53. 1 he following Executive Departments are hereby established in such city : (a.) Department of Einance. (b.) Department of Law. (c.) Department of Public Works. (d.) Department of Public Safety. (e.) Department of Assessment and Collection. (f.) Department of Public Health and Charities. No other Executive or Administrative Departments shall be established in such city. Subordinate officers and employes not herein provided for shall be appointed by the heads of their respective departments ; each department shall have power to prescribe rules and regulations not incon- sistent with any statute or ordinance, or regulation estab- lished pursuant to Section 45 of this act for its own government, regulating the conduct of its officers, clerks and employes, the distribution and performance of its bus- Departments. Officers not provided for, how appointed. Rules. 130 LAWS AND OKDINANCKS. Information furnished. Mayor ap- points heads of depart- ments. Officers thereof. Clerk, removal of. Additional clerks. Official bonds. Heads of de- partments. Qualifications. iness and preservation of books, records, paper and property under its control. Each department shall promptly furnish to the Mayor or Common Council any information which may be called for in relation to its affairs. The heads of said departments, except Department of Assessment and Collection, shall be appointed by the Mayor. The Departments of Public Works, Public Safety and Public Health and Charities shall have power to designate and appoint, and at pleasure to remove, a clerk for said depart- ments, who shall keep a continuous record or minute of all official business in said several departments, and whose salary shall not exceed one thousand dollars ($i,ooo) per annum, to be fixed by the heads of such departments. In case such heads of such departments fail to agree upon and make such appointment within five (5) days from the com- mencement of their terms of office, it shall be the duty of the Mayor to designate and appoint such clerk, and the clerk so appointed by the Mayor may be by him removed at pleasure, but not by such departments. In the event that one clerk shall not be sufficient to do the work of all such departments, the Council may authorize the appointment of such additional clerks as may be neces- sary, not exceeding one for each of such departments : Provided, That after the expiration of thirty (30) days from the time when a new officer or officers shall have been appointed to the head of a department, he or they may remove clerks or assistants only upon filing in writing with the City Clerk the reasons for any such removal, except that foremen, inspectors and laborers temporarily employed under the Department of Public Works, may be removed at any time at the pleasure of the department. All officers shall give bond as required by ordinance except when other- wise provided herein. 54 Sec. 54. No person shall be appointed as the head of any department or as a member of any Board herein provided for, unless he shall have been a resident and elector of such city for three years immediately prior thereto. No person who is paid a salary for his services from the City Treasury shall receive to or for his own use. ACTS. 131 directly or indirectly, any fees, perquisites of office, com- missions, percentages, or money paid to him in his official capacity unless specially authorized in this act, but all fees, perquisites, commissions, percentages and moneys so paid and received by or for any such officer or person shall be the property of the city, and shall be paid by him into the Treasury, and all moneys received for licenses or permits shall be paid into the Treasury weekly without deduction by the officer or department receiving them, and every such officer or person who shall receive any fees, per- quisites, percentages, or other moneys which belong to the city, and should be so paid into its Treasury, shall, before he shall be entitled to receive or be paid his salary, make, under oath, a detailed statement and return to the head of the Department of Finance in such form as he may prescribe, showing the aggregate amount of all moneys received by him since the last preceding statement and return, and shall produce a receipt showing the payment of such sum to the Treasurer. The Comptroller may require any such officer or person to make such statement and return to him, if it be not made as herein provided, and examine such officer or person under oath touching the matter herein provided for. 55 Sec. 55. It shall be the duty of each executive department, before the commencement of each fiscal year, to submit to the joint meeting of the heads of the departments and of the various boards hereinbefore provided for in Section 45, an estimate of the amount of money required for their respective departments for the ensuing fiscal year, stating with as great particularity as possible each item thereof. The Comptroller shall, at the same time, submit a statement or estimate of city expenditures for other pur- poses, for the ensuing year, over and above the moneys proposed to be used by the various executive departments, giving with as great particularity as possible each item thereof. After such meeting and reports and consultation, the City Comptroller shall thereupon proceed to revise such estimates for the ensuing year, and the Comptroller shah Fees and per- quisites. All fees belong to city. Must make re- port of all moneys under oath. Comptroller, power of. Duty of Ex- ecutive Department. Estimates. Comptroller shall submit estimate of expenses. 132 LAWS AND ORDINANCES. Duty of Com- mittee on Finance. Additional ap- propriations may be made. Power to bind city to con- tract, limit. Issuing war- rants without appropria- ticr.s. then prepare a report to the Mayor of the various estimated amounts required in said Comptroller’s opinion for each executive department, and for other city expenses, together with an estimate of the necessary per cent, of taxes to be levied. The Mayor shall at the next meeting of the Common Council present such report with such recommendations as he may see fit. It shall be the duty of the Committee on Finance of said Common Council thereupon to prepare an ordinance fixing the rate of taxation for the ensuing year and also an ordinance making appropriations by items for the use of the various executive departments and other city purposes for the ensuing year ; said ordinance may reduce any esti- mated item for any executive department, from the figures submitted in the report of the City Comptroller, but shall not increase the same unless recommended by the Mayor. Such appropriation ordinance shall thereafter be promptly acted upon by the Common Council. If at any time aft:r the passage of such ordinance an emergency shall arise for further appro]:>riations for the use of anv departments as certified by such department as hereinbefore provided, or other purposes during the year, such additional appropriation may be made on the recommendation of tlie Comptroller by a two-thirds vote of the Council. 56 Sec. 56. No executive department officer, or employe thereof, shall have power to bind such city by any contract, agreement, or in any other way, to any extent beyond the amount [of money] at the time already appro- priated by ordinance for the purpose of such department, and all contracts and agreements, express or implied, and all obligations of any and every sort, beyond such existing appropriations, are declared to be absolutely void. 57 Sec. 57. Anv city official who shall issue any bond, certificate or warrant for the payment of money which shall purport to be an obligation of such citv, and b' beyond the unexpended balance of any appropriation made for such purjDose, or who shall attempt to bind such city by any contract, agreement, or in any other way, to an extent beyond the amount of money at the time already appro- ACTS. 133 priated by ordinance for such purpose, and remaining at the time unexpended, shall be liable on his official bond to any person injured thereby, and shall be fined in any sum not more than one thousand dollars ($i,ooo) and imprisoned in the county jail not more than six months, either or both. DEPARTMENT OF FINANCE. 58 Sec. 58. The City Comptroller shall be at the head of the Department of Finance, and shall have an appropriate seal ; he shall be appointed by the Mayor ; his salary shall be two thousand dollars ($2,000), which may be increased by ordinance to a sum not exceeding three thousand dollars ($3,000), per year. The Comptroller may appoint a deputy for whose acts he shall be responsible, having an annual salary of eight hundred dollars ($800), which mav be increased by ordinance to a sum not exceeding one thousand dollars ($1,000). The Comptroller and his deputy are hereby authorized and empowered to administer oaths in all matters relating to his office. 59 Sec. 59. It shall be duty of the Comptroller ; To prescribe the form of reports and accounts to be rendered to his department and to have the inspection and revision of the accounts of all other departments and trusts. To audit the accounts of the several departments and trusts, and all other accounts in which the city is concerned, and submit annually to the Council at the end of each fiscal year a report of the accounts of the city, under his oath, exhibiting the revenues, receipts and expenditures, the sources from which the revenues and funds are derived, which report shall be published in pamphlet form. To keep separate accounts for each specific item or appropria- tion made by the Council to each department, and require all warrants to state specifically against which of said items the warrant is drawn. Each account shall be accompanied by a statement in detail in separate columns of the several appropriations, the amounf drawn on each appropriation, the unpaid contracts charged against it, and the balance standing to the credit of the same. He shall not suflfer any a]ipropriation to be overdrawn Penalty. City Comp- troller. Salary. Deputy Comp- troller authorized to administer oaths. Duties of Comptroller. Accounts. 134 LAWS AND ORDINANCES. Shall not suffer appro- priations to be overdrawn. Issues all Orders on T reasurer. Expenditures of Comp- troller to be approved by Mayor. Illegal war- rants. Sell bonds. or the appropriation for one item of expense to be drawn upon for any other purpose, or by any department other than that for which the appropriation was specifically made, except on transfers authorized by ordinances. He shall sign and issue all orders for money upon the City Treasury, and no money shall be paid out by the Treasurer except upon such order. In case of stated salaries fixed by law or ordinance, said Comptroller shall issue orders therefor, but in all cases he shall require a warrant to be presented to him from the head of the department under whose super- vision the obligation has been incurred, or if not so incurred, then such warrant shall be drawn by the Mayor. In no case shall the Comptroller draw an order on the Treasury unless there be at the time money in the Treasury properly applicable to the payment thereof. The expenditures of the Comptroller must be approved in writing by the Mayor before any order is drawn therefor. To have charge of all books or papers pertaining to his department or entrusted to the same, and to turn the same over to his successor. If any warrant presented to the Comptroller contain an item for which no appropriation has been made, or there shall not be a sufficient balance of the proper fund for the payment thereof, or which for any cause should not be ap- proved, he shall not approve the same, and shall notify the proper department of the facts. And if the Comptroller shall approve any warrant contrary to the provisions hereof, he shall be individually liable for the amount of the same to the holder thereof, and to the extent of his bond ; his sureties shall also be liable. Whenever a warrant shall be presented to him, he shall have power to require evidence that the amount claimed is justly due, and for that purpose may summon before him any officer, agent or employe of any department of the city, or anv other person, and examine him upon oath relative to such warrant or claim. Such persons so summoned shall be subject to the provisions of this act touching the examination of persons by the Council, said Comptroller having the same power as such body. To perform the duties elsewhere defined by this act with regard to the negotiation and sale of city securities, and to keep a register of all bonds of the city and of the ACTS. 135 transfers thereof, and an account of all outstanding securi- ties. To manage and direct the finances and accounts of the city and to make investment of city funds, subject to the ordinances of the Common Council. To issue all city licenses of every nature whatever upon the presentation and surrender of the receipts of the Treasurer showing the payment of the license fee, and to collect Comptroller’s fees as fixed by ordinance. Said Comptroller shall once each week pay to the Treasurer the amounts collected by his department for the preceding week, specifying the source from which they have been derived, and the Comptroller shall relinquish in writing to such city all fees which have been or may be collected. To prescribe the forms and methods of keeping and rendering all city accounts and pay-rolls to be used in the several departments and offices, the manner in which all salaries shall be drawn and the mode by which all creditors, officers and employes shall be paid. All salaries shall be payable once in three months. To furnish the Treasurer statements of all appro- priations made by the Council before any warrants shall be drawn on account of the same, and to notify the Mayor in case of any neglect or failure on the part of an officer or officers authorized to collect moneys for or on account of the city, in the performance of such duty or in depositing their collections in the Treasury, and thereupon the Mayor shall suspend such officer or officers, and proceed against them by an action upon their official bond or other- wise, as he may deem best. To carefully examine the tax duplicates in the hands of the County Auditor and County Treasurer and see that they are properly made out so far as the same relate to city taxes, and to see that the assess- ment of property is properly made out by the Assessor so far as the same relates to city taxes, and to notify the County Auditor of any omitted property that may come to his knowledge. To examine the accounts of the Treasurer and make an annual settlement with him, charging to such Treasurer the amount of all taxes and other assessments entered upon said duplicate in favor of such city, together with all penalties, interest and other sums in addition to the amount of such tax, which it may be the duty, according To issue license. Shall pay all money into treasury. Accounts, pre- scribe meth- ods of keeping them Revenues, oversees col- lection of. Taxes. Treasury set- tlement. 12 136 LAWS AND ORDINANCKS. Draw orders on Treasury. Drawing order without ap- propriation illegal. to law, of such Treasurer to collect in behalf of the city, and to credit him with all disbursements made on account of lawful orders drawn on him by such Comptroller. To draw orders on the Treasury for miscellaneous city expenditures not made under the direction of any Executive Department, nor specifically fixed by law as in the case of salaries : Provided, That no such order shall be drawn by such Comptroller unless the money properly applicable thereto has been appropriated by ordinance and remains unexpended, and no liability shall accrue against such city, nor can any officer, agent or employe of such city bind the same directly or indirectly for any such miscellaneous ex- pense without the written approval of the Comptroller previously obtained and filed in the Comptroller’s office, nor in any case beyond the appropriation already made and remaining unexpended available for such purposes. All obligations in contravention of the preceding provisions are declared to be void for all purposes. DEPARTMENT OF LAW. City Attorney. Appointment. Bond. Salary. Duties of. 60 Sec. 6o. The head of the Department of Law shall be the Attorney and counsel of such city. He shall be appointed by the Mayor. He is to give a bond in the sum of five thousand dollars ($5,000) to be approved by the Comptroller. He shall receive an annual salary of not less than fifteen hundred dollars ($1,500) nor more than twenty-five hundred dollars ($2,500) in full for all services, said salary to be fixed by the Common Council. He shall have the management, charge and control of the law business of such city and for each branch of its government, and prosecute all violators of city ordinances ; shall draw up ordinances, leases, deeds, contracts or other legal papers for such city and its various departments when requested to do so by the proper officers ; shall be the custodian of the papers properly appertaining to his office, and shall turn the same over to his successor in office. He shall conduct all legal proceedings authorized by this act, and all appeals of every nature whatsoever in which such city or the public shall have an interest ; shall make all searches and abstracts ACTS. 137 of title required in opening, widening or changing any street, alley or public place. All fees, perquisites or other emoluments received by him, or payable to him, including prosecuting violators of city ordinances, shall be collected by him for and in behalf of such city, a careful account kept thereof, and the same be paid into the city treasury once a week, said payment to be made under oath as to the amount received. Such attorney shall use all diligence to collect costs due such city, and all other fees or recoveries falling within the purview of his official duties. He may employ a deputy and also such other assistants as he may be authorized to do by ordinance and not other, and shall promptly commence all proceedings necessary or advisable for the protection or enforcement of the rights of such city or the public. He shall report to the Mayor in writing all such matters as he may deem important, and to the Department of Finance all judgments for which such city shall be liable. No judgment against such city shall be enforceable except out of moneys appropriated for that purpose, but the Common Council and Mayor may be compelled by mandamus proceedings to levy, collect and appropriate the necessary sum for the payment of any judgment, in which case such legislative bodies may be sued collectively by their legal name, service of process being had on any member thereof, and all members shall be bound by such judgment. Fees. Deputy and Assistants. Report to Mayor. DEPARTMENT OF PUBLIC WORKS. 61 Sec. 6i. The Department of Public Works shall have for its head a Board of three members, to be appointed by the Mayor, not more than two of whom shall be of the same political party. The Mayor shall have the power at any time to remove any member of said Board and to fill, by appointment, any vacancy occurring in said office. The person appointed to fill a vacancy shall hold the office, subject to removal by the Mayor, until his successor is appointed by the Mayor. Each member of said Board shall receive a salary at the rate of one thousand dollars ($i,ooo) per year, which may be increased by ordinance to a rate not How consti tuted. Removal by Mayor. Vacancy. Salary. 138 LAWS AND ORDINANCKS. Give bond. Act as a board. Records. City Civil Engineer. Salary. Power of Board. Purchase of real estate. Condemn real estate. Custodian of public prop- erty. exceeding fifteen hundred dollars ($1,500) and give bonds with sureties in the sum of $5,000, to be approved by the Comptroller. Said Board shall choose a chairman from its own number. No member of said Board shall have any authority to act on behalf of the same except pursuant to an order of the Board, regularly made at a meeting of the same, at which meeting a majority of said Board shall have been present. All actions of the Board shall be re- corded by the Clerk thereof, together with a record of the vote of each member, where the vote is not unanimous. The Board shall make rules governing the time and place for holding regular and called meetings, and for giving notice thereof. 62 Sec. 62. The Mayor shall also appoint a City Civil Engineer, who shall be subject to the orders and directions of said Board, and receive a salary of fourteen hundred dollars ($1,400) per year, which may be increased by ordinance not to exceed twenty-five hundred dollars ($2,500) per year. 63 Sec. 63. The Board of Public Works shall have the power to condemn, hire or purchase any real estate or personal property needed by such city for any public pur- pose, except when a different provision for purchase is made by this act. Said Board may cause buildings, structures or other things in the way of any street, sewer or other public improvements, to be taken dowm, removed and appropriated upon the payment of damages as herein provided. Said Board may enter upon, seize, appropriate and condemn the right of way, yards, depot, grounds or other lands of any railroad company, person or corporation, nassing through such city, for street, sewer or alley pur- poses, whether such lands be occupied or not, upon the payment of damages as herein provided : Provided, That when a sum of more than two thousand dollars ($2,000) is required to be paid for the condemnation, hire or purchase of any real estate or personal property, the same shall not take place unless the condemnation, hire or purchase is specifically authorized by ordinance. To have charge of all property, real and personal, belonging to such city, and ACTS. 139 to care for the same, except where the custody of such property is by this act placed under different control. To design, order, contract for and execute the improvement or repair of any property, real or personal, belonging to or used by such city, and the erection of all buildings for public purposes, together with all fire cisterns, pounds and other structures of any nature needed for any public purpose. To approve the platting of all streets and alleys in an^ addition to such city, or within the corporate limits thereof ; to require the same to correspond in width, and be coter- minus with the adjoining streets and alleys. No plat shall be entitled to record in the Recorder’s office in the county in which such city is located without such written approval endorsed thereon. To lay out, open, change, vacate, and to fix or change the grade of any street, alley or public place within such city, and to design, order, contract for and ex- ecute the improvement or repair of any street, alley or pub- lic place within such city. To repair, clean, light and sprinkle any street, alley or public place within such city which requires the same, in the opinion of such Board, said work to be done either by contract or otherwise, and to cause lamp posts or other lighting apparatus to be erected in the streets, alleys or public places of such city. To lay out, design, order, contract for and execute the construction, alteration and maintenance of all public drains or sewers within such city, and all drains or sewers without such city and within four (4) miles thereof, which may be necessary to carry off the drainage of such city. To purchase or erect, by contract or otherwise, and operate water works, gas works, electric light works, street car and other lines for the conveyance of passengers and freight, natural gas lines, telegraph and telephone lines, for the pur- pose of supplying such city, and the suburbs thereof, or to purchase or hold a majority of such stock in corporations organized for either of the above purposes : Provided, That none of the powers conferred by this paragraph shall be exercised except pursuant to an ordinance specificallv directing the same. To contract for the furnishing of gas, either natural or artificial, water, steam or electricity, light Platting of streets and alleys. To open and fix grade of streets. To repair streets. Sprinkling, Cleaning. Lighting. Sewers and drains. To purchase waterworks, gas, electric light, street cars, tele- phone lines, natural gas. Contract for water, gas. 140 I.AWS AND ORDINANCES. Culverts and bridges. Viaducts. Franchises — telephone, water, gas, street car, electric light. Digging in streets. Obstructions in streets. Levees. Water courses. Dead animals. Sewer system. Map of sewers, gas, water, pipes. or power, to said city or the citizens thereof, by any com- pany or individual, and such contract to fix the prices to be charged for the same in such city, subject to ordinances of such city in relation to consumption by private consumers : Provided, That such contracts shall in all cases be submitted by said Board to the Council of such city, and be approved by them by ordinance before the same shall take effect. To design, order, contract for, and execute the erection of any culvert, bridge, way, viaduct, tunnel or aqueduct within such city, or to enter into a contract with any company or individual for the joint erection and maintenance by such company or individual and such city of any such structure. To authorize and empower by contract, telegraph, telephone, electric light, gas, water, steam or street car or railroad companies to use any street, alley or public place in such city, and to erect necessary structures therein, and to pre- scribe the terms and conditions of such use ; to fix by contract the prices* to be charged to patrons : Provided, That such contract shall in all cases be submitted by said Board to the Council of such city, and approved by them by ordinance, before the same shall take effect; to license the digging of any hole, or the removal of any material from the surface or underneath the surface of any street, alley or public place in such city ; to require bonds for damages and for the proper replacement of the street, and to refuse such licenses when the public interest requires it. To direct the removal of any and all structures in the streets, alleys or public places of such city, and to remove the same at the expense of the person maintaining the same on their failure to make such removal. To design, order, contract for and execute the erection of any levee within the limits of such city or within four (4) miles thereof. To change any water course, natural or artificial, within such city or within tour (4) miles thereof. To remove all dead animals, garbage, filth, ashes, dirt, rubbish or other offal from such city, either by contract or otherwise. To prepare a general uniform plan for the drainage and sewerage of such city, and extend the same from time to time. To make and keep a map and record of all sewer, gas, water, electric wire con- duits in such city, public and private, showing the size, depth, Ji , * J . f"* 1 ACTS. 141 inclination, location and date of construction of the same, and to record therein every change which may be made in the same, together with all new connections and improve- ments. To discharge all other duties of an executive character not falling within the sphere of some other execu- tive department, or imposed upon this department by ordi- nance. To fill up or drain any section of ground within such city or within four (4) miles from its corporate limits when- ever water has or may become so stagnant or noxious as to be injurious to the public health and comfort at the owner’s expense, the same to be a lien and collectable by foreclosure. To construct urinals and fountains in public places. To fix, establish, change and keep a record of the grades of all streets, alleys and sidewalks. [As amended 1899, page 139.] 64 Sec. 64. It shall be the duty of said Board of Public Works, whenever any work ‘Ar improvement of any character ordered or undertaken by it, is payable out of the general treasury of such city from funds belonging to such city,” or payable in whole or in part by assessments made for that purpose upon the property benefited thereby, to cause said work to be done either by independent contract or by employes of said Board, as said Board may deem best : Provided, That in cases where such work is done by inde- pendent contract, such contract shall provide and stipulate under proper penalty that such contractor shall give residents of said city and county wherein it is located the preference as emploves. [As amended 1899, page 140.] 65 Sec. 65. Whenever said Board shall order any work to be done, which either by order of said Board or according to law, it is performed by independent contract, said Board shall prepare and place on file in the office of said department complete drawings and specifications of said work. Thereupon said Board shall cause a notice to be published in one daily or weekly newspaper of general circulation published in such city, once each week for two weeks, informing the public and contractors of the general nature of the work and of the fact that the drawings and specifications are on file in such office, and calling for sealed proposals for such work by a day not earlier than ten (10) Stagnant water. Urinals. Grade of streets. Public works, how done. Resident em- ployes to be preferred. Drawings, and specifica- tions. Notice to con- tractors. , 142 LAWS AND ORDINANCES. Combination among bid- ders for- bidden. Penalty. Contract. Conditions Im- posed. Expenses, how paid. Condemnation of property. Opening and vacating streets. days after the first of said publications. Said Board shall require each bidder or firm of bidders to file with said Board an affidavit that such bidder or bidders have not directly or indirectly entered into any combination, collusion, undertaking or agreement with any other bidder or bidders to maintain the price of any work or contract or to prevent any other bidder or bidders from bidding or to induce any bidder or bidders to refrain from bidding on any contract or work, and that such bid is made without regard or reference to any other bid or bids, and without any agree- ment, understanding, or combination, either directly or indirectly, with any other person or persons with reference to such bidding in any way or manner whatever. And if after any contract has been let by said Board it shall be made to appear to said Board that the successful bidder has been guilty of any collusion, combination, understanding or agreement, as defined in said affidavit, such bidder shall forfeit said contract and such work shall be relet by said Board. The Board may, in its discretion, fix a later day for receiving such sealed proposals, provided such date shall be mentioned in each of such notices. Said Board shall, if a satisfactory bid be received, let such contract to the lowest and best bidder. Such Board may by order impose further conditions upon bidders with regard to bond and surety guaranteeing the good faith and responsibility of such bidders or insuring the faithful completion of such work, according to contract, or for keeping the same in repair for any length of time, or for any other purpose. [As amended 1899, page 141.] 66 Sec. 66. All the expense incurred or authorized by such Board of Public Works shall be payable out of the general funds of such city appropriated to the use of such Board and available for the particular purpose, except where this act specifically directs that the same is to be paid for by assessments against property holders. 67 Sec. 67. Whenever the Board of Public Works shall desire to appropriate or condemn, for the use of such city, and [any] property, real or personal, or to open, change, lay out or vacate any street, alley or public place within s:t h fii * < ^ i ; I . dh *< f ■■ It ' - .1 ■• fit ^ - V it. •^ (I ,. t ■ 7'- }K .. ii .i."i •'(— 1 ■■ I I ACTS. 143 such city, including proposed street or alley crossings of railways in cases where the proposed street or alley is to cross a railway, it shall adopt a resolution to that effect, describing the property which may be injuriously or beneficially affected, and shall cause notice of such resolution to be published in some daily newspaper of general cir- culation in such city once each week for two weeks. Such notice shall name a date, after the last day of publication, at which said Board will receive or hear remonstrances from persons interested in or affected thereby. Said Board shall consider such remonstrances, if any, and thereupon take final action, confirming, modifying or rescinding their original resolution. Such action shall be final and con- clusive upon all persons, except the dismissal and abandon- ment of the proceedings, as hereinafter provided. 68 Sec. 68. Upon the final order being made, as provided in the preceding section, said Board shall cause to be prepared a list or roll of all the owners or holders of property and of valuable interests therein sought to be taken or to be injuriously affected, and in the case of opening, laying out, change or vacation of any street, alley or public place in such city, or within four (4) miles thereof, a list of the owners or holders of property or of valuable interests therein to be beneficially affected by such work. Such list shall not be confined to the owner of property along the line of proposed work, but shall extend to and include all prop- erty taken, benefited or injuriously affected. In addition to such list of names, the name shall show, with reasonable certainty, a description of such property to be taken or af- fected, either beneficially or injuriously, belonging to such persons. No greater certainty in names or description shall be necessary to the validity of any assessment than is re- quired in the assessment of taxes. 69 Sec. 69. Upon the completion of such list, said Board shall proceed to award the damages sustained, and to assess the benefits accruing to each piece of property of said list. When such assessment or awards are completed, said Board shall cause a written notice to be served upon the owner of each piece of property, showing the amount of 13 Notice in daily newspaper. Hearing. List of persons affected by condemna- tion. Property described. Damages and benefits. Notice of as- sessments. 144 I.AWS AND ORDINANCKS. Non-resident. Remonstrance. Minors and persons of unsound mind. Defect in pro- ceedings. Remonstrance. such assessment or award, by leaving a copy of the same at his last usual place of residence, in such city, or by delivering a copy to such owner personally. If such person be a non-resident, or his residence shall be unknown, then he shall be notified by publication in some daily newspaper of general circulation in such city once each week for three successive weeks. Such notice shall also name a day, not earlier than ten (lo) days after service of notice or after the last publication, as the case may be, on which said Board shall receive or hear remonstrances from persons with regard to the amount of their respective awards or assessments. Persons not included in such lists of assessments or awards, and claiming to be entitled to the same shall be deemed to have been notified of the pendency of the proceedings by the original notice of the resolution of the Board. 70 Sec. 70. In case any person having any interest in land affected by such proceedings shall be of unsound mind or an infant, said Board of Public Works shall certify the same to the City Attorney, and said City Attorney shall forthwith apply to the proper Court and secure the appointment of a guardian for such infant or person of unsound mind ; and thereupon said Board shall give notice to such guardian, who shall thereupon appear and protect the interest of his ward : Provided, That if such infant or person of unsound mind already have a guardian, such notice may be served on such guardian. The requisites of such notice to such guardian shall be the same as in the case of other notices. If there be a defect in the proceedings with respect to one or more interested per- sons, the same shall not affect such proceedings, except so far as it may touch the interest or property of such person or persons, and shall not avail any other person concerned therein. In case of such defect, supplementary proceedings of the same general character as those heretofore prescribed may be had in order to supply the same. 71 Sec. 71. Any person notified or deemed to be notified, under the preceding sections, may appear before such Board on the day fixed for hearing such remonstrances with regard to awards and assessments, and remonstrate ACTS. . 145 against the same. After such remonstrances shall have been received, said Board shall thereupon either sustain or modify the awards or assessments in the cases of such remonstrances, but in no other case. Any person thus remonstrating who is aggrieved by the decision of the Board may, within twenty (20) days thereafter take an appeal to the Circuit or Superior Court in the county in which said city is located. Such appeal shall only affect the assessment or award of the person appealing. 72 Sec. 72. Such appeal may be taken by filing an original complaint in such court against such city within the time named, setting forth the action of said Board of Public Works in respect to such assessment, and stating the facts relied upon as showing an error on the part of such Board. Such court shall rehear the matter of such assessment de novo, and confirm, lower or increase the same as may seem just. In case such court shall reduce the amount of benefits assessed against the land of such property holders, or increase the amount of damages awarded in his favor to the extent of 10 per centum of such benefits and [or] damages, the plaintiff in such suit shall recover costs, other- wise not. The judgment of such court shall be final, and no appeal shall lie therefrom : Provided, If upon such appeal the report of the Board of Public Works as to benefits or damages be greatly diminished or increased, the city may, upon the payment of costs, discontinue such proceedings. 73 Sec. 73. On the completion of such assessment roll by said Board of Public Works, the same shall be forthwith delivered to the Department of Finance, and from that time the respective amounts of benefits therein assessed shall severally be liens, superior to all other liens except taxes, against the respective lots or parcels of land upon which they are assessed. Said Department of Finance shall at once prepare a duplicate of said assessment roll of benefits, the same to be known as the local assessment duplicate, and deliver the same to the Treasurer. The duties of the Treasurer and the Department of Finance in respect thereto shall be the same as hereinafter more specifically prescribed with regard to assessments for street improvements. May appeal to Circuit or Su- perior Court. Appeal, how taken. How tried. No further ap- peal allowed. Assessments shall be liens on property. T reasurer’s duties. 146 LAWS AND ORDINANCES. Assessments, when due. Foreclosure. Demand. Notice. City’s portion of damages. Limits of city portion. Surplus to go to city. Damage, how paid. 74 Sec. 74. Said assessments of benefits shall be due and payable to the Treasurer from the time of the delivery of said assessment duplicate to said Treasurer. If not paid within sixty (60) days thereafter, the said city, by its attorney, shall proceed to foreclose said liens in a court of competent jurisdiction as mortgages are foreclosed with similar rights of redemption, and have the same sold to pay such assessments. Such city shall recover costs, with a reasonable attorney’s fee, and interest from the expiration of the sixty (60) days hereinbefore allowed for payment, at a rate of six per cent. (6 per cent.) per annum. In all cases where the party against whom the assessment is made is a resident of such city, demand for the payment of the same shall be made by delivering to him personally, or leaving at his last and usual place of residence, a notice of such assessment and demand for payment. 75 Sec. 75. Said Board of Public Works shall have power to determine what, if any, part of the damages awarded shall be paid out of funds appropriated for the use of such Board by the Common Council : Provided, That not more than $2,000 in damages shall be paid out of the city funds for any improvement or condemnation unless pursuant to an ordinance appropriating for the specific improvement or condemnation. All benefits assessed and collected by the Treasurer shall be subject to draft in the usual manner, upon certificate by the Board of Public Works in favor of persons in whose favor damages have been awarded. Any surplus remaining above actual awards shall belong to such city. Said board may delay proceed- ings until such benefits have been collected. 76 Sec. 76. It shall be the duty of the Board of Public Works, upon the completion of their award of damages, or whenever any time for delay as above mentioned shall have expired, to make out certificates for the proper amounts and in favor of the proper persons, upon the pre- sentation of which to the head of the Department of Finance such person shall be entitled to a warrant on the City Treasury. Such certificates or vouchers shall, when- ever practicable, be tendered actually to the person entitled .V * '♦ 3 1 ACTS. 147 thereto, but where this is impracticable the same shall be kept for such person in the office of said Board of Public Works, and the making and fixing of such certificate shall in all cases be deemed to be valid and effectual tender to the person entitled thereto, and the same shall be delivered to him on request. In case of a dispute or doubt as to which of the various persons said money shall be paid, said Board shall make out such certificate in favor of the City Attorney for the use of the persons entitled thereto, and said Attorney shall thereupon draw the money and pay the same into court in a proper proceeding, requiring the various claimants to interplead and have their respective rights determined. In any case where an injunction is obtained because damages have not been paid or tendered, said Board may tender such certificate for the amount thereof, with interest from the time of entry upon the property, if any has been made, and all accrued costs, and thereupon the injunction shall be dissolved. The pendency of an appeal shall not affect the validity of a tender made under this section, but such city shall be entitled to proceed with its approbation of the property in question. Question of title. Appeal does not stay pro- ceedings. STREET IMPROVEMENTS. 77 Sfx. 77. Whenever the Board of Public Works shall order the improvement of any street, allev, sidewalk or other public place in said city, in whole or in part, it shall adopt a resolution to that effect, setting forth therein character of the improvement, the plans and specifications of the work in detail and the different materials that the Board will consider and may determine to select or adopt upon the receiving of bids for such work, as hereafter pro- vided : Provided, That such resolution shall name not less than three kinds of material to be considered in street im- provements. Notice of such resolution shall be published, remonstrances heard as to the necessity of said improvement, said resolution modified, confirmed or rescinded in the same manner as heretofore more specifically provided by this act with regard to the condemnation of property and the opening of streets. If such original resolution be altered, confirmed Resolution, contracts. Notice of reso- lution. 148 LAWS AND ORDINANCES. Remonstrance against im- provement. Two-thii’ds vote required. Advertising for bids. Selection of material. Two-thirds to reverse Board. Cost of im- provement, how esti- mated. To be assessed according to benefits. or modified, it shall be final and conclusive on all persons, unless within ten days thereafter two-thirds of the resident freeholders along and upon such street or alley remonstrate against such improvement. In case of such remonstrance, the improvement shall not take place unless specifically ordered by an ordinance within sixty days thereafter, passed by a two-thirds vote of the Council, which ordinance shall be valid without the approval of the Mayor. If said Board shall finally order such improvements, it shall advertise for bids for all the different materials specified in the original resolution in accordance with the various plans and specifications relating thereto on file in the office of the Board of Public Works ; upon the opening of said bids, said Board shall adopt the material and plans to be used in such improvement out of the different bids that were received, unless all bids are rejected, and the Board’s action shall be binding and conclusive upon all persons affected by said improvement without further notice, unless within five days thereafter freeholders owning two-thirds of all the real estate along and upon such street or alley shall by written request to the Board, ask the adoption of some other material, upon which bids have been received, in which case the Board shall adopt such material. [As amended 1899, page 342.] 78 Sec. 78. If said streets be constructed, all lands or lots or parcels of land or lots lying between the edge of such street and a line drawn an equal distance from such edge of such street and the edge of the next street running parallel thereto, shall be assessed and made liable to pay the cost of constructing such street so improved, and the amount of the several assessments shall be ascertained and estimated as follows : The total cost of improving such street or alley shall first be ascertained and the amount thereof shall be divided by the number of feet the same as in length, and the cost of each running foot shall be assessed upon the lots and land fronting or abutting thereon, if such land or lots extend to said line as hereinbefore stated in the proportion that the same fronts or abuts upon such street compared with the entire length of such improvement. ACTS. 149 If the land or lots belong to different persons, then such Board shall assess such cost against the various land owners and upon the various lots or parcels of land herein declared liable to pay for such improvement according to the benefits received from such improvement, because of being upon, near, or having access to such improvement, and such benefit shall be without regard to the assessment for taxation herein provided. Such city shall be liable to the contractor for the contract price of such improvement to the extent of the moneys actually received by said city from the assessment for such improvement hereinafter provided for, and for its pro rata share for street and alley crossings ; the city to pay for whatever work is done on such improvement that is not in front of some lot or tract of ground ; the computation to be made as hereinbefore provided. Such city shall have separate and several liens on such lands or lots from the time the contract for such improvement is finally let for the respective assessments against each lot or parcel of land. [As amended 1895, page 239.] 79 Sec. 79. The lien herein given upon the several lots and parcels of land or tracts of land shall be deemed to include the assessment, principal and interest, together with costs of foreclosure and a reasonable attorney's fee. The lien of the same shall have precedence over all liens except taxes. Any mistake in the description of the property or the name of the owner shall not vitiate such liens Such city shall be liable to pay for all that part of the street or alley crossings which shall be occupied by street or alley crossings and not in front of any land or lots as hereinbefore provided, and said Board shall order that pro rata part paid out of the funds at their disposal for that purpose, to that extent, reducing the total amount to be apportioned against property holders. If before ordering such improvements any land or lots have already any improvements in front thereof, conforming to the general plan, said Board shall make an allowance to said owner thereof, to be deducted from his assessment and from the total amount of the contract price. [As amended 1895, page 240.] 80 Sec. 80. Whenever said Board of Public Works City to pay street crossing. Liens include what. Liens, priority of. City to pay. Property en- titled to credit, whea. May pay as- sessments in installments. Installments, how paid. Assessment roll, how made. Delivered to Comptroller. 150 LAWS AND ORDINANCES. shall order the improvement of any street or alley, as pro- vided in the preceding sections, the assessment for such improvement may, at the option of each property holder, be payable in ten ( lo) annual installments, as follows : Ten (lo) per cent, of the principal, together with all accrued interest of the entire assessment, on or before the third Monday of April next succeeding the allowance of the final estimate on such work by said Board, except where such estimate has been made between March 1 5 and October I, of any year, in which case such first installment shall be payable on the first Monday of November next succeeding such estimate. The next payment on said assessment shall be six (6) months’ interest on the unpaid principal, payable at the date for the general payment of taxes, either spring or fall, as the case may be, next after the installment on such assessment falls due. The next payment on said assessment shall be ten (10) per cent, of the original prin- cipal and six (6) months’ interest, on the unpaid principal, payable on or before the date for the general payment of taxes, spring or fall, as the case may be, accruing one year after the first installment was payable, and so on ; thereafter ten (10) per cent, of the original principal, with six months’ interest on the unpaid principal once each year and six (6) months’ interest in alternate turn with each annual payment of principal and interest until the principal and interest have been paid. 81 Sec. 81. In making assessments against each lot or parcel of land, said Board of Public Works shall, as soon as any contract has been completed for the improve- ment of any street or alley, make out an assessment roll with names of property holders and descriptions of the property adjoining the place of such proposed improvement. vSaid roll shall also have set opposite each name and de- scription, the total pro rata assessment against each piece of property. When confirmed, said assessment roll shall be delivered to the head of the Department of Finance. Before the said Board shall approve and accept the work under any contract, and allow a final estimate therefor, the con- tractors who have performed such work shall file with said ■ ■ ' '•'■ ••• '-■•• *%. -r< ■, ■ ‘*; .V V'* \ 'O, \ / ■\ /,, u 1 V V • / i ,v« ., •f city or incor- porated town, owning waterworks, for preven- tion of pollu- tion of water. Property and water power may be con- demned in certain cases. paper be published in such city or town, then such notice shall be published three weeks, consecutively, in a weekly newspaper of general circulation within such city or town. 242 Sec. i8. Said Trustees shall require bond to be given, with good and sufficient security, for the faithful performance of the work ; but no member of said Board of Trustees shall be such security; nor shall any trustee be a contractor, or in anywise, either directly or indirectly, be interested in any such work to be contracted for. Such bonds shall be submitted to the Common Council for approval. 243 Sec. 19. For the purpose of paying the prin- cipal and interest on the money borrowed for the erection and completion of any water works, or for the extension or improvement of such works, a tax of sufficient amount shall be assessed on all the taxable property of the city or incorporated town, and collected each and every year in the usual manner of levying and collecting taxes in the city or town : Provided, always. The additional special tax hereby authorized shall not, in any year, exceed fifty (50) cents on each one hundred dollars of taxable property and one dollar ($1) on each poll. 244 Sec. 20. The said tax, when levied and assessed, shall be a lien upon the property upon which it is levied and charged against the owners thereof, and shall be placed on the city or town duplicate in a separate column thereof, and be collected as other taxes. 245 Sec. 21. The jurisdiction of any city or incor- porated town, owning water works, shall extend, for the purpose of preventing and punishing any pollution of the water, five miles beyond the corporation limits : Provided, If any person owning a water power or mill property within the limits herein prescribed, in the use or management of which any stream is polluted to such an extent that the water thereof is thereby rendered unfit for use for such city purposes, such property or water power may be condemned for the benefit of such city, but before the same is done, such mill property shall be appraised by three disinterested resident freeholders of the county in which such property ACTS. 233 is situate, one of whom shall be selected by such Trustees, one by the owner of the property, which two shall select a third. Said appraisers shall appraise such property at its fair cash value, and upon the tender of the same by the city, and refusal by the mill owner to accept the value appraised as aforesaid, such business may be enjoined in any court of competent jurisdiction. 246 Sec. 22. All laws and parts of laws in conflict with this act are hereby repealed. 247 Sec. 23. It is hereby declared that an emer- gency exists for the immediate taking effect of this act, and the same shall therefore take effect and be in force from and after its passage. [Approved March 25, 1879.] Proceedings in such cases. Business may be enjoined. Laws repealed. Emergency. CITY OF FORT WAYNE. PART IV. GENERAL ORDINANCES In Force October 1, 1900. GENERAL ORDINANCES AN ORDINANCE authorizing the construction and opera- tion of the Citizens Railroad, of Fort IVayne, Indiana. 248 Sec. I. Be it ordained by the Coninwn Council of the City of Fort IVayne, Indiana, That under and by virtue of an act of the General Assembly of the State of Indiana, entitled “An act to provide for the incorporation of street railroad companies,” approved June 4th, 1861, and by virtue of the powers and authority of the Common Coun- cil, otherwise by law vested, consent, permission and authority are hereby given, granted and duly vested unto the company organized, with John H. Bass as President, a body politic and corporate, by the name of the “Citizens’ Street Railroad Company, of Fort Wayne, Indiana.” and their successors, to lay a track for passenger railroad lines with all the necessary tracks for turnouts, side-tracks and switches in, upon and along the course of the streets of the City of Fort Wayne, hereinafter mentioned; and to keep, maintain, use and operate railroad cars and carriages for the transportation of passengers thereon. 249 Sec. 2. “The said company is hereby, as above mentioned, authorized to lay a track for such railroad lines upon and along the course of said following named streets in said city, to-wit : “Calhoun street, Creighton avenue, Wallace street, Ham- ilton street and Lafayette street, with their crossings and connections.” [As amended November 15, 1871.] 250 Sec. 3. The cars of said company shall be entitled to the track, .and in all cases wherein any team or vehicle shall meet or be overtaken by a car upon either of the Citizens’^ Street RaiL road Com- pany. Calhoun, Creighton, Wallace and Hamilton. Right of way, who has it. Penalty. Special regula- tions. Gauge of tracks. Rate of fare. Track, how laid. Street, how kept within rails. Tracks, when laid. City not liable for damages. 238 LAWS AND ORDINANCES. tracks of said railroad, such team or vehicle shall give, way to said car, nor shall any person wilfully or maliciously obstruct or hinder, or interfere with any of said railroad cars by placing, driving or stopping, or causing to be placed or driven in a slow pace or stop, any team or vehicle or other obstacle in, upon, across, along or near the track of said railroad in said city, after being notified by the driver or conductor by the ringing of the bell or otherwise ; and whosoever shall wilfully violate any of the provisions of this section of this ordinance shall, upon conviction thereof, before the Mayor of said city, be fined in any sum not less than five dollars ($5.00) nor more than fifty dollars ( $so.oo). 251 Sec. 4. The Common Council shall have the ])Ower at all times to make such regulations as to the rate of speed as the public safety and convenience may require, end to affix penalties for anv violation of such regulations. 252 Sec. 5. All tracks of said railroad shall be of uniform gauge not to exceed five feet in width. 253 Sec. 6. The rate of fare upon any one line or route of said railroad shall not exceed five (5) cents for each passenger. 254 Sec. 7. The track of said railroad shall be laid in such manner as to be no necessary impediment to ordi- nary use of the streets and the passage of wagons, car- riages and other vehicles upon, along, or across said track at any point and in all directions. 254-A Sec. 8. “That said company at all times be required to keep the surface of the street within the rails and one (i) foot outside of the rails in good order and re- pair and even with the track, and all ice, filth and dirt collected and removed from the same at the expense of the company.” [As amended May 27, 1882.] 255 Sec. 9. Said track shall be laid in the center of the street, where the same is practicable, except where a double track is contemplated, in which case the tracks may be laid equal distances from the center of the street. 256 Sec. 10. Said City of Fort Wayne shall not be liable for any damage occasioned by breakage of gas or citizens’ street RAIEROAD CO. 239 water pipes, or any delay occasioned by construction of sewers, the laying of gas or water pipes, or necessary re- pairs of same of any street, unless there be unreasonable delay in the performance of such work. 257 Sec. II. The cars or carriages shall be run upon and along the tracks of said railroad in conformity with the following rules and regulations : First — No car shall be drawn at greater speed than six (6) miles an hour. Second — While cars are turning corners from one street to another, the horses or mules shall not be driven taster than a walk. Third — Cars driven in the same direction shall not ap- proach each other nearer than a distance of two hundred feet, except in case of accident, or when cars are near or at a station. Fourth — No car shall be left standing on any street at any time unless the same is attached to a team or is waiting for passengers. Fifth — No car shall stop on a cross walk nor in front of an intersecting street, except to avoid collision, or prevent danger to persons in the street, or take on or leave off passengers. 258 Sec. 12. This ordinance shall take effect on and after legal publication. Done at the Council Chamber in the City of Fort Wayne this loth day of October, A. D. 1871. F. P. RANDALL, Mayor. Attest: SAM P. FREEMAN, City Clerk. AN ORDINANCE entitled ‘'An ordinanee authorizing the eonstruetion of the Citizens Street Railroad, of Fort Wayne, Indiana A 259 Sec. I. Be it ordained by the Common Couneil of the City of Fort Wayne (two-thirds of the Council con- curring), That permission be granted the Citizens’ Street Railroad Company, of Fort Wayne, Indiana, to use Maumee Cars, how ru Citizens’ Street Rail- road tracks on Maumee street. 240 I.AWS AND ORDINANCES. street of said city for the purpose of constructing a track thereon from Calhoun street to the car house of said com- pany, to be erected on said Maumee street, with all neces- sary switches and turnouts for the convenient operation thereof. 260 Sec. 2. This ordinance to take effect on and after its passage and legal publication. Done at the Council Chamber in the City of Fort Wayne, this loth day of October, A. D. 1871. F. P. RANDALL, Mayor. Attest : SAM P. FREEMAN, City Clerk. Citizens’ Street Rail- road Com- pany, West Jefferson street. AN ORDINANCE to extend the track of the Citizens' Street Railroad Company. 261 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That the Citizens’ Street Rail- road Company be and hereby is authorized and permitted to extend and operate its track from its present terminus at the corner of Broadway and West Jefferson street, west on Jefferson street to the intersection of Jefferson street and Garden street, together with the necessary side-tracks and turnouts. 262 Sec. 2. This ordinance shall take effect from and after its passage. Done at the Council Chamber of the City of Fort Wayne, this 28th day of July, A. D. 1874. C. A. ZOLLINGER, Mayor. Attest: JOHN M. GODOWN, City Clerk. Citizens’ Street Rail- road Com- pany. AN ORDINANCE concerning the Citizens’ Street Railroad Company. 263 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That Section of an ordi- nance, entitled “An ordinance to extend the Citizens’ Street railroad,” passed February 24th, 1874, be so amended as to read as follows : citizens’ street railroad CO. 241 Be it ordained by the Common Council of the City of Fort Wayne, That the Citizens’ Street Railroad Company, of Fort Wayne, be and is hereby authorized and permitted to lay down and extend and to use and maintain her tracks with all necessary switches and turnouts on Jefferson street east to Harmer street, thence north on Harmer street to Washington street, thence east on Washington street to Glasgow avenue. 264 Sec. 2. All ordinances and parts of ordinances in conflict with the provisions of this ordinance, or any of the provisions thereof, be and the same are hereby repealed. 265 Sec. 3. This ordinance to take effect and be in force from and after its passage. Done at the Council Chamber of the City of Fort Wayne, this 27th day of October, 1874. C. A. ZOLLINGER, Mayor. Attest : JOHN M. GODOWN, City Clerk. AN ORDINANCE aiithorij:ing the use and occupation of Superior street, in the City of Fort Wayne, from its east end to the east line of Calhoun street, by Charles L. Ccntlivrc, for a Street Railroad. 266 Sec. i. Be it ordained by the Common Council of the City of Fort Wayne, That consent, permission and authority are hereby given, granted and vested upon the conditions hereinafter named, to Charles L. Centlivre, his successors or assigns, as hereinafter provided, to lay a street railroad track for passenger line upon and along Superior street, from its east terminus to the east line of Calhoun street. Said track shall be of uniform gauge and shall not to exceed four feet and nine inches in width, and shall be laid in the center of the street, and the center of said street shall be ascertained by measuring from the lines of the lots abutting on said street. 267 Sec. 2. The consent and permission in this or- dinance granted and vested unto said Centlivre are upon the conditions hereinafter specifled. Tracks on Jef- ferson and Washington streets. C. L. Centlivre Street Rail- road, Su- perior street. 242 T^AWS AND ORDINANCKS. Pavement, extent of. Repaving, when. Repairs. Rails, kind. Condition of repairs. 268 Sec. 3. The said Centlivre is to lay said track upon a grade given by the City Civil Engineer of said city, and said Centlivre is to pave with cobble stone at the time said track is laid, all that portion of said street as lies be- tween the rails of said track at his own expense .and to the satisfaction of the City Civil Engineer and the Common Council of said city, and the same is to be kept in repair and maintained to the satisfaction of said Engineer and Common Council, by and at the expense of the said Cent- livre : Provided, That after the expiration of ten years from the time of first laying said track the said Centlivre will, if so ordered by said Common Council, remove at his own expense said cobble stones and pave the same with such material as the Common Council shall order, at his own expense, and keep and maintain the same likewise, all of which is to be done to the satisfaction of the City Civil Engineer and the Common Council : Provided, further, however. That the said Centlivre shall not be required to build a more expensive pavement for his portion than is provided for the balance of said street, if other than cobble stone is required of him. Said Centlivre shall not be re- quired to build any other portion of said street than is speci- fied above, except that he shall maintain and keep in repair after the same shall have been built or repaired, said street to a distance of twelve inches from the . outside of each rail of said track, to be so kept and maintained by said Centlivre at his own expense and to the satisfaction of the City Civil Engineer and Common Council. 269 Sec. 4. The rails constituting said track shall be the modern improved rail, not less than thirty pounds in weight to the yard, and to be satisfactory to the Mayor and Common Council of said city, and none of the rails upon said track shall be laid above the level of the surface of the street. 270 Sec. 5. Said Centlivre shall keep the track in such condition that it shall not at ^ny time be above the surface of said street, so that vehicles can easily and freely at all times cross said tracks at all points in any direction without interference or obstruction, and if said citizens’ street railroad CO. 243 Centlivre should fail or neglect to comply with the pro- visions of this section, the Common Council shall cause a notice, fixing a time, which shall not be less than five days, within which said Centlivre shall place said track or part thereof in the condition required by this ordinance, and if the said Centlivre shall within the time so fixed by the Common Council fail so to do, said Centlivre shall forfeit and pay to said city twenty-five dollars ($25) for each day of such neglect and failure, after the expiration of said day so fixed by said Common Council and notice thereof, and the City Attorney shall, upon the order of the Common Council, prosecute such forfeiture to judgment and execution in any court of competent jurisdiction. 271 Sec. 6 . The Common Council shall have the power at all times to make such regulations as to the use of cars and the rate of speed as public health, safety and convenience may require. The cars upon said track shall be moved or operated l)v animal power only. Cars shall run upon said track from 6 o’clock a. :m. until ii o’clock p. M. of each and every day, and not to exceed twentv minutes apart in each direction. 272 Sec. 7. 1 he cars of said Centlivre shall be en- titled to the track in all cases ; whenever any team or vehicle shall meet or be overtaken by a car, such team and vehicle shall give way to said car: nor shall any person willfully or purposely obstruct or interfere with any of the cars bv driving or stopping, or causing to be placed or driven in a slow pace, or stopped by any team, vehicle or other ob- stacle, in, upon, or along, across or near the track of said line, after being notified by the driver or the ringing of the bell or otherwise, and any person violating this section shall, upon conviction, forfeit and pay a fine to said city of not to exceed one hundred dollars ($100). 273 Sec 8. It shall be lawful for the citv to ex- cavate, or cause to be excavated, said streets, when the same shall be necessary for public purposes, and in case the same is done, it shall be the duty of said Centlivre, his heirs or assigns, to protect his own property and rights as best he can pending such excavation. Notice. Failure to re- pair, Penalty. Speed regu- lations. Right of way, who has it. Excavation by city. 244 LAWS AND ORDINANCES. Repairs, street, how left. City indemni- fied. Bond. Conditions of ordinance. 274 Sec. 9. And in laying or repairing such track, or any part thereof, it shall be the duty of said Centlivre to leave that portion of said street to be maintained by the city in as good condition as the same was before the laying or relaying of such tracks or parts thereof by said Centlivre. 275 Sec. 10. That said Centlivre shall forever in- demnify and save harmless the said city of Fort Wayne against and from any and all legal damages, judgments, decrees, costs and expenses of the same, which it may suffer or which may be recovered or obtained against it, for or by reason of, or growing out of, or resulting from the passage of this ordinance or any matter or thing connected therewith, or by the exercise by the said Centlivre of the privileges hereby granted, or from any acts by said Cent- livre, his servants or agents, under or by virtue' of the provisions of this ordinance. 276 Sec. II. The said Charles L. Centlivre shall enter into a good and sufficient bond with said city in the penal sum of five thousand dollars ($5,000) for the faithful performance of all the terms and conditions contained in this ordinance, and that said track shall be constructed, completed and maintained as herein provided. 277 Sec. 12. That this ordinance when passed shall be considered as passed and valid upon conditions only that said Charles L. Centlivre shall have the whole of said tracks, paving, grading, and all work connected therewith, completed on or before the 14th day of September, 1888, else said ordinance shall be deemed wholly null and void. 278 Sec. 13. Done at the Council Chamber of the City of Fort Wayne, this 13th day of September, A. D. 1887. CHARLES F. MUHLER, Mayor. Attest: W. W. ROCKHILL, City Clerk. AN ORD] NANCE relating to the use of Calhoun street by the Citizens Street Railroad Company, of Fort Wayne, Indiana. 279 Sec. I. Be is ordained by the Common Couneil of the City of Fort Wayne, That consent and authority are 1 citizens’ street kaieroad CO. 245 hereby given, granted and vested, upon the conditions here- inafter named, unto the company organized as a body politic and corporate by tlie name of “The Citizens’ Street Rail- road Company, of Fort Wayne, Indiana,” and its successors, to lay a double track for passenger railroad lines upon and along Calhoun street, from its crossing with the right of way of the Pittsburg, Fort Wayne & Chicago Railway to the center line of INIain street. Both of said tracks shall be of uni- form gauge and not to exceed four feet and nine inches in width. Said tracks must be laid an equal distance from the center of said street, and not more than three feet and six inches apart, and the center of the street shall be ascer- tained by measuring from the lines of the lots abutting upon said street, and not later than the general improvement of said Calhoun street. 280 Sec. 2. The consent, jiermission and authority in this ordinance granted and vested in said company, are upon the conditions hereinafter specified in the following- sections. 281 Sec. 3. The said railroad company is to lay sa' 4 tracks on said street, between said points, upon a grade to be given by the City Civil Engineer of said cit.v, and said company is to pave with cobble stone at the time said tracks are laid all that portion of Calhoun street as lies between the rails of each of said tracks, as well as that portion of said street as lies between said tracks, at its own expense and to the satisfaction of the City Civil Engineer and the Common Council of said city, and the same is to be kept in repair and maintained to the satisfaction of said Engineer and Common Council by and at the expense of said corn- pan} . Provided, That after the expiration of ten years from the time of first laying said tracks the said company will, if so ordered by said Common Council, remove at its own expense said cobble stone, and pave the same with such material as the Common Council shall order, at its own ex- pense, and keep and maintain the same likewise. All of which is to be done to the satisfaction of the City Civil Engineer and the Common Council : Provided, however. That the said company shall not be required to build a more Citizens’^ Street Rail- road Com- pany, double track, Cal- houn street. Tracks, how located. .To pave with cobble stone. To keep in re- pair. Repave, when. 22 246 LAWS AND ORDINANCES. Rails, kind. Rails, at grade of street. Notice to repair. Failure, penalty. Regulations, cars and speed. expensive pavement for its portion than is provided for the balance of said street, if other than cobble stone is required of it, said company shall not be required to build or main- tain any other portion of said street than specified above, except that it shall maintain and keep in repair after the same shall have been built or repaired said street to a distance of twelve inches from the outer rails of each track, to be so kept and maintained in repair by said company at its expense and of the same material and to the satisfaction of the said Common Council. 282 Sec. 4. The rails constituting said tracks shall l)e the modern improved rail, not less than thirty pounds in weight, and to be satisfactory to the Mayor and Common Council of said city. And none of said rails on said tracks shall be laid above the level of the surface of the street. 283 Sec. 5. Said company shall keep the said tracks in such a condition as that they shall not at any time be elevated above the surface of said street, so that vehicles can easily and freely at all times cross said tracks, at all points, in any direction, without interference or obstruction. And if said company shall fail or neglect to comply with the provisions of this section, the Common Council .shall cause a notice fixing a time, which shall not be less than five days, within which said company shall place said tracks or parts of tracks in the condition required by this ordinance. And if said company shall, within the time so fixed by the Com- mon Council, fail so to do, said company shall forfeit and pay to said city twenty-five dollars ($25.00) for every day of such neglect and failure after the expiration of said time as fixed by said Common Council. And the City Attorney shall, upon order of the Common Council, prosecute such a forfeiture to judgment and execution in any court of com- petent jurisdiction. 284 Sec. 6. The Common Council shall have the power at all times to make such regulations as to the use of cars, and the rate of speed, as public health, safety and convenience may require, d he cars upon said track shall be moved or operated by animal power only. Cars shall run upon said tracks from 6 o’clock a. m. until o’clock citizens’ street RAIEROAD CO. 247 p. M. of each and every day, and not to exceed ten minutes apart in each direction. 285 Sec. 7. The cars of said company shall be en- titled to the track in all cases whenever any team or vehicle shall meet or be overtaken by a car. Such team or vehicle shall give way to said car, nor shall any person wilfully or purposely obstruct or interfere with any of the cars by driving or stopping, or causing to be placed or driven in a slow pace or stopped, any team or vehicle or other obstacle in, upon, along or across or near the tracks of said line after being notified by the driver or the ringing of the bell or otherwise. And any person violating this section shall, upon conviction, forfeit and pay a fine to said city of not to ex- ceed one hundred dollars ($100.00.) 286 Sec. 8. It shall be lawful for the city to ex- cavate, or permit to be excavated, said street, when the same shall be necessary for a public purpose, and' in case the same is done it shall be the duty of said company to protect its own property and rights as best it can pending such ex- cavation. 287 Sec. 9. And in laying or repairing any such tracks or parts of tracks, it shall be the duty of said company to leave that portion of said street to be maintained by the city in as good condition as the same was before the laying or repairing of such tracks or parts of tracks by said company. 288 Sec. 10. That said company shall forever in- demnify and save harmless the said City of Fort Wayne against and from any and all legal damages, judgments, decrees, costs and expenses of the same which it may suffer, or which may be recovered or obtained against it, for or by reason of, or growing out of, or resulting from the passage of this ordinance, or any matter or thing connected^there- with, or by the exercise by the company of the privileges hereby granted, or from any act or acts by said company, its servants or agents, under or by virtue of the provisions of this ordinance, which said ordinance is granted upon the express condition that the said company will pay all dam- ages to owners of property abutting about or upon such por- Time of run- ning. Who has right of way of track. Penalty. City, right to excavate in street. Laying and repairing tracks. Indemnify city against loss. 248 LAWS AND ORDINANCES. Bond. Citizens’ Street Rail- road Com- pany. Calhoun, Su- perior, Weils and Cass, single track. Track, kind to be laid. tion or parts of Calhoun street, upon or over which the track herein named are to be laid, which said owners may sustain by reason of the location, construction or operation of said railroad. 289 Sec. II. The said company shall enter into a good and sufficient bond with said city in the penal sum of five thousand dollars ($5,000) for the faithful per- formance of all the terms and conditions contained in this ordinance. And that said tracks shall be laid and said lines constructed and completed as herein provided. Done at the Council Chamber in the City of Fort Wayne, this 14th day of December, 1886. Charles f. .aiuhler, Aiayor. Attest: W. W. ROCKHILL, City Clerk. AX ORDINAXCE authoriXing the use and oceiipation of certain streets therein named by the Citizens Street Railroad Company, of Fort JVayne, Indiana. 290 Sec. I. Be it ordained by the Common Council of the City of Fort JVayne, That consent, permission and authority are hereby given, granted and vested upon the conditions hereinafter named unto the company organized as a body politic and corporate by the name of the “Citi- zens’ Street Railroad Company, of Fort Wayne, Indiana,” and its successors and assigns, to lay a street railroad track for passenger railroad line upon and along the fol- lowing named streets, to-wit : Calhoun street, from Main street north to Superior street : on Superior street, from Calhoun street west to ATlls street: on said Wells streets, from Superior street north to Cass street : on said Cass street, from Wells street north to Third street : on said Third street, from Cass street west to Wells street. Said track shall be of uniform gauge and not to exceed four feet and nine inches in width, and shall be laid in the center of said streets, and the center of the streets shall be ascertained by measuring from the lines of the lots abutting upon said streets. And like citizens’ street railroad CO. 249 consent and permission is granted and vested in said com- ])any to lay a side-track upon Cass street, lietween First street and a point upon Cass street not nearer than seventy- five feet north of the bridge over the St. iNlary’s river, and at such other points on said line as the Common Council ma> by ordinance authorize. 291 Sec. 2. The consent, permission and authority in this ordinance granted and vested in said company and upon the conditions hereinafter specified. 292 Sec. 3. The said com])any is to lay said track Pavement, ex* and side-track upon a grade to be given by the City Civil Engineer of said city, and said company is to pave with cobble stone, at the time said track and side-track are laid, all that portion of said street as lies between the rails of said track, as well as the space between said track and side- track, at its own expense and to the satisfaction of the City Civil Engineer and the Common Council of said city, and the same is to be kept in re])air and maintained to the satis- faction of said Engineer and Common Council by and at the expense of said company : Provided, That after the expiration of ten years from the time of first laying said tracks the said company will, if so ordered by said Common Council, remove at its own expense said cobble stones and pave the same with such material as the Common Council shall order, at its own expense, and keep and maintain the same likewise, all of which is to be done to the satisfaction of the Common Council and City Civil Engineer: Provided, further, however. That the said company shall not be re- quired to build a more expensive pavement for its portion than is provided for the balance of said street, if other than cobble stone is required of it. Said company shall not be required to build or maintain any other portion of said street than is specified above, except that it shall maintain and keep in repair, after the same shall have been built or repaired, said street to a distance of twelve inches from the outside of each rail of said track and side-track, to be so maintained and kept in repair by said company at its own expense and to the satisfaction of the City Civil Engineer and Common Council. 250 LAWS AND ORDINANCES. Kind of rail. Track, how laid and maintained. Neglect to re- pair. Penalty. St. Mary’s river bridge, laying of track across. Fares and transfers. 293 Sec. 4. The rails constituting said track and side-track shall be the modern improved rail, not less than thirty pounds in weight per yard, and to be satisfactory to the Mayor and Common Council of said city, and none of the rails upon said track or side-track shall be laid above the level of the surface of the street. 294 Sec. 5. Said company shall keep the said tracks in such condition that it shall not at any time be above the surface of said streets, so that vehicles can easily and freely at all times cross said tracks at all points, in any direction, without interference or obstruction, and if said company should fail or neglect to comply with the pro- visions of this section, the Common Council shall cause a notice, fixing a time, which shall be not less than five days, within which time said company shall place said track or part thereof in the condition required by this ordinance, and if said company shall, within the time so fixed by the Common Council, fail so to do, said company shall forfeit and pay to said city twenty-five dollars ($25.00) for each day of such neglect and failure after the expiration of said day as fixed by said Common Council and notice thereof, and the City Atttorney shall, upon the order of the Common Council, prosecute such forfeitures to judgment and execu- tion in any court of competent jurisdiction. 295 Sec. 6. And the privileges by said city granted are upon the further agreement that said company, in the laying of its track over and across the bridge over the St. Mary's river at the junction of Wells and Cass streets, will do said work under plans and specifications to be furnished by the City Civil Engineer and approved by the Common Councihs Committee on Streets, and will take up and relay the same at any time and at its own expense, when ordered so to do by the Common Council, for the safety of said bridge or for the convenience of the citizens using it. 296 Sec. 7. And the privileges herein granted to said company are upon the further condition, that any ^ passenger having paid fare upon said line herein named may, without extra charge, travel to his destination upon any other line of said company whose car shall make imme- FORT WAYNE STREET RAILROAD CO. 251 diate connection with the car upon said first line named ; and likewise shall passengers from other lines operated by said company be entitled to take passage upon any car making immediate connection therewith on said first named line without paying extra fare. By this section the said company is not bound to make immediate connection, but if the cars ,.-mpon the dilferent lines do make immediate connections, jr then one fare shall pav for a continuous trip. 297 Sec. 8. The Common Council shall have the power at all times to make such regulations as to the use of cars and the rate of speed, as public health, safety and convenience may require. The cars upon said track shall be moved or operated by animal power only. Cars shall run upon said track from 6 o’clock a. m. until o’clock p. M. of each and every day, and not to exceed twenty min- utes apart in each direction. 298 Sec. 9. The cars of said company shall be entitled to the track in all cases ; whenever any team or vehicle shall meet or be overtaken by a car, such team or vehicle shall give way to said car ; nor shall any person wil- fully or purposely obstruct or interfere with any of the cars by driving or stopping or causing to be placed or driven in a slow pace, or stopped, any team or vehicle or other ob- stacle in, upon, along or across or near the tracks of said line after being notified by the driver, or the ringing of the bell, or otherwise, and any person violating this section shall, upon conviction, forfeit and pay a fine to said city of not to exceed one hundred dollars ($100.00.) 299 Sec. 10. It shall be lawful for the city to ex- cavate, or permit to be excavated, said streets when the same shall be necessary for public purposes, and in case the same is done, it shall be the duty of said company to protect its own property and right as best it can pending such ex- cavation. 300 Sec. II. And in laying or repairing such track, or any part thereof, it shall be the duty of said company to leave that portion of said streets to be maintained by the city in as good condition as the same was before the laying or relaying of such track, or parts thereof, by said company. Speed, reguta- tion. Time of running. Right of way. Penalty. City excava- tions. Repair. 252 LAWS AND ORDINANCES. (City indemnity Bond. Time to be completed. Tort Wayne Street Rail- road Com- pany. 301 Sec. 12. That said company shall forever in- demnify and save harmless the said City of Fort Wayne against and from any and all legal damages, judgments, decrees, costs and expenses of the same, which it may suffer, or which may be recovered or obtained against it for or by reason of, or growing out of, or resulting from the passage of this ordinance, or any matter or thing connected here- with, or by the exercise by the company of the privileges hereby granted, or from any act or acts by said company, its servants or agents, under or by virtue of the provisions of this ordinance. 302 Sec._I 3. The said company shall enter into a good and sufficient bond with said city, in the penal sum of five thousand dollars ($5,000.00) for the faithful per- formance of all the terms and conditions contained in this ordinance, and that said track shall be constructed and com- pleted as herein provided. 303 Sec. 14. That this ordinance when passed shall be considered as passed and valid upon condition only ; that the whole of said track, paving and grading and all work connected therewith be completed on or before the 25th day of August, 1887, else said ordinance shall be wholly null and void. [As amended August 9th, 1887.] Done at the Council Chamber this 24th (Fv of Ma} , 1887. CHARLES F. MUHLER, Mayor. Attest: W. W. ROCKHILL, City Clerk. AN ORDI N ANC E authorizing the use and oeeupation of eertain streets therein named by the Fort Wayne Street Railroad Company, of Fort Wayne, Indiana. 304 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That consent, permission and authority are hereby given, granted and vested, upon the conditions hereinafter named, unto the company organized as a body politic and corporate, by the name of the “Fort Wayne Street Railroad Company, of Fort Wayne, Indiana,” FORT WAYNE STREET RAILROAD CO. 253 and its successors or assigns, to lay a street railroad track, with all necessary turnouts, side-tracks and switches, for passenger railroad lines, upon and along the following named streets, to-wit: Commencing on Broadway and Jefferson street, thence south on Broadway to Creighton avenue, thence east on Creighton avenue to Fairfield avenue. Said track shall be of uniform gauge and not to exceed four feet and nine inches in width, and must be laid an equal distance from the center of said streets, and the center of the streets shall be ascer- tained by measuring from the lines of the lots abutting upon said street. 305 Sec. 2. The consent, permission and authority in this ordinance, granted and vested in said company, are upon the conditions hereinafter specified in the following sections. 306 Sec. 3. The said railroad company is to lay said track on said street between said points, upon a grade to be given by the City Civil Engineer of said city, and said company is to pave with cobble stone, at the time said tracks are laid, all that portion of said streets as lies between the rails of said tracks, at its own expense and to the satis- faction of the City Civil Engineer and the Common Council of said city, and the same is to be kept, and also twelve inches from the outside of each rail of said track, in repair and maintained to the satisfaction of said Engineer and Common Council, by and at the expense of said company : Provided, That after the expiration of ten years from the time of first laying said track the said company shall, if so ordered by said Common Council, remove, at its own ex- pense, said cobble stone, and pave the same with such ma- terial as the Common Council shall order, at its own expense, and keep and maintain the same likewise, all of which is to be done to the satisfaction of the City Civil Engineer and the Common Council : Provided, however. That the said com- pany shall not be required to build a more expensive pave- ment for its portion than is provided for the balance of said street, if other than cobble stone is required of it. Said com- pany shall not be required to build or maintain any other Extent of per- mission granted. Track width, where located Tracks, grade of. Pavement, ex- tent of. Repavement,. when. 254 LAW.S AND ORDINANCES. portion of said street than specified above, except that it shall maintain and keep in repair, after the same shall have been built or repaired, said street to a distance of twelve inches from the outside of each rail of said track, to be so kept and maintained in repair by said company, at its own expense, to the satisfaction of said Common Council. Rails, kind. Condition of repairs. Notice to repair, time. Failure to re- pair, penalty. Speed of cars, regulation of. Right of way, who entitled. 307 Sfx. 4. The rails constituting said tracks shall be the modern improved rails, not less than thirty pounds in weight, and to be satisfactory to the iMayor and Common Council of said city, and none of the rails of said track shall be laid above the level of the surface of the street. 308 Sec. 5. Said company shall keep the said track in such condition that it shall not at any time be above the surface of said street, so that vehicles can easily and freely at all times cross said track, at all points, in any direction, without interference or obstruction, and if said company shall fail or neglect to comply with the provisions of this section, the Common Council shall cause a notice, fixing the time, which shall not be less than five days, within which time said company shall place said track, or part thereof, in the condition required by this ordinance, and if said company shall, within the time so fixed by the Common Council, fail so to do, said company shall forfeit and pay to said city twenty-five dollars ($25.00) for every day of such failure and neglect after the expiration of said time, as fixed by the Common Council and notice thereof ; and the City Attorney shall, upon the order of the Common Council, prosecute such forfeiture to judgment and execu- tion in any court of competent jurisdiction. 309 Sec. 6. he Common Council shall have the power at all times to make such regulations as to the use of cars and the rate of speed, as public health, safety and convenience may require. The cars upon said track shall be moved or operated by animal power only. Cars shall run upon said track from 6 o’clock a. until o’clock p. M. of each and every day, and not to exceed twenty minutes apart in each direction. 310 Sec. 7. The cars of said company shall be en- titled to the track in all cases. Whenever anv team or FORT WAYNE STREET RAILROAD CO. J55 vehicle shall meet or be overtaken by a car, such team or vehicle shall give way to said car ; nor shall any person wiltnlly or purposely obstruct or interfere with any of the cars by driving or stopping, or causing to be placed or driven in a slow pace, or stopped, any team or vehicle or other obstacle in, upon, along, across or near the track of said line after being notified by the driver or the ringing of the bell or otherwise, and any person violating this sec- tion, shall, upon conviction, forfeit and pay a fine to said citv of liot to exceed one hundred dollars ($100.00.) 311 Sf-C. 8. It shall be lawful for the city to ex- cavate, or permit to be excavated, said street where the same shall be necessary for public purposes, and in case the same is done, it shall be the duty of said company to protect its own property and right as best it can pending such ex- cavation. 312 Sec. 9. And in relaying or paving such track, or any part thereof, it shall be the duty of said company to leave that portion of said street to be maintained by the city in as good condition as the same was before the laving or relaving of such track, or part thereof, bv said companv. 313 Sec. 10. The said company shall forever in- demnify and save harmless the said City of Fort Wayne against and from any and all legal damages, judgments, decrees, costs and expenses of the same, which it may suffer, or which may be recovered or obtained against it for or by reason of, or growing out of, or resulting from the passage of this ordinance, or any thing or matter connected herewith, or by the exercise by the companv of the privi- leges hereby granted, or from any act or acts by said com- panv, its servants or agents, under or by virtue of the pro- visions of this ordinance. 314 Sec. II. And sairl company agrees in accepting said ordinance, that if the laying and building of its track upon the grade given by the City Civil Engineer, which shall be the only grade, it becomes necessary for said com- pany to cut down or fill up any street or roadwav or part of any street or roadway, it will cut down or fill up, as the case may be, the whole of said street or roadwav from its Excavation by city in line of track permitted. Relaying tracks, duty as to. City indemni- fied. Acceptance conditions. Cuts and fills, duty as to. 256 LAWS AND ORDINANCES. Track, when laid. Maintain gutters. Fares and transfers. track to the curb of the sidewalk bordering thereon, so as to make such street or roadway of uniform grade. Said work to be done at its expense and to the satisfaction of the Common Council’s Committee on Streets and the City Civil Engineer. 315 Sec. 12. And in granting permission to said company to lay its tracks upon said streets, it is hereby ordained that the said track upon Broadway, from Jefferson street to a point fifty feet north of the Shawnee Creek bridge, shall be laid in the center of said street, measuring from the curbs of the sidewalks bordering on said Broadway, and said company shall make the crossing of the Shawnee Creek bridge and the Creighton Avenue bridge, in the laying of its track, in accordance with the orders of the City Civil Engineer and to the satisfaction of the Common Council’s Committee on Streets, and said company is to bear and pay one-half the cost and expense of maintaining said bridges, as well as the one-half of the cost or expense of replacing either or both, and said company shall, at its own expense, maintain the gutter on the west side of Broadway, from Taylor street to Shawnee Creek bridge, in a safe condition, by either placing a pipe therein and filling the same up, or by placing and keeping a safe and substantial wooden cover over said gutter ; said company to keep and maintain said gutter in a safe condition to the satisfaction of the Street Commissioner and the Common Council’s Committee on Streets. 316 Sec. 13. And the privileges herein granted to said company are upon the further condition that any pas- senger having paid fare upon said line herein named may, without extra charge, travel to his destination upon any other line of said company, whose car shall make immediate connection with the car upon said first line named, at the corner of Main and Calhoun streets, and likewise shall pas- sengers from other lines operated by said company be en- titled to take passage upon any car making immediate con- nections therewith on said first named line at the corner of Main and Calhoun streets without paying extra fare. By this section the said company is not bound to make inline- FORT WAYNE STREET RAILROAD CO. 257 diate connection, but if the cars upon the dif¥erent lines do make immediate connection, then one fare shall pay for a continnons trip. It is understood that the terminal point of the Broadway extension will be at the corner of Broadway and Creighton avenue, and passengers are to pay fare in going in each direction from said point. 317 Sec. 14. The side-tracks and switches must be the Diamond switches, and no side-tracks or switches can be laid on any street closer together than 1,100 feet from each other, unless by order of the Common Council, its Committee on Streets and the Mayor. Said work shall be commenced not later than July ist, 1888, on said route, and all its tracks shall be finished not later than July ist, 1889. 318 Sec. 15. The said company shall enter into a good and sufficient bond with said city, in the penal sum of five thousand dollars ($5,000.00) for the faithful per- formance of all the terms and conditions in this ordinance, and that said track shall be constructed and completed as herein provided. Done at the Council Chamber of the City of Fort Wayne this 28th day of February, 1888. CHARLES F. MUHLER, Mayor. Attest: W. W. ROCKHILL, City Clerk. AN ORDINANCE aiifhoricing the use and oeeupation of eertain streets therein nanied by the Fort Wayne Street Railroad Company, of Fort Wayne, Indiana. 319 Sec. I. Be it ordained by the Common Couneil of the City of Fort Wayne, That consent, permission and authority are hereby given, granted and vested, upon the conditions hereinafter named, unto the company organized as a body politic and corporate by the name of the Eort Wayne Street Railroad Company, of Eort Wayne, Indiana, and its successors or assigns, to lay a street railroad track, with all necessary turnouts, side-tracks and switches, for passenger railroad lines, along and upon the following named streets, to-wit : Side tracks and switches, kind. Bond. Fort Wayne Street Rail- road Com- pany, Wal- lace, John and Creigh- ton streets. 258 LAWS AND ORDINANCES. Commencing at the corner of Wallace and Hanna streets, thence east on Wallace street to John street, thence south on John street to Creighton avenue, thence east on Creighton avenue to Walton avenue. Said track shall be of uniform gauge and not to exceed four feet and nine inches in width, and must be laid an equal distance from the center of said streets, and the center of the streets shall be ascertained by measuring from the lines of the lots abut- ting upon said street. 320 Sec. 2. The consent, permission and authority in the ordinance, granted and vested in said company, are upon the conditions hereinafter specified in the following sections. Grade of track. Pavement, ex- tent of. Change of pavement, when. 321 Sec. 3. The said company is to lay said track on said street, between said points, upon a grade to be given by the City Civil Engineer of said city, and said company is to pave with cobble stone, at the time said tracks are laid, all that portion of said street as lies between the rails of said tracks, at its own expense, and to the satisfaction of the City Civil Engineer and the Common Council of said city, and the same is to be kept, and also twelve inches from the outside of each rail of said track, in repair and maintained to the satisfaction of said Engineer and Common Council, by and at the expense of said company: Provided, That after the expiration of ten years from the time of first laying said track, the said company shall, if so ordered by said Common Council, remove, at its own expense, said cobble stone and pave the same with such material as the Common Council shall order, at its own expense, and keep and maintain the same likewise ; all of which is to be done to the satisfaction of the City Civil Engineer and the Com- mon Council : Provided, however. That the said company shall not be required to build a more expensive pavement for its portion than is provided for the balance of said street, if other than cobble stone is required of it. Said company shall not be required to build or maintain any other portion of said street than specified above, except that it shall maintain and keep in repair, after the same shall have been built or repaired, said street to a distance of FOKT WAYNK STKKKT KAII.KOAD CO. 259 twelve inches from the outside of each rail of said track, to he so kept and maintained in re])air hy saifl company at its own ex])ense to the satisfactic^n of saifl Common Council. 322 Si-:c. 4 . 1'he rails constituting said track shall he the modern improvefl rail, not less than thirty ])Ounds in weij:^ht, and to he satisfactcmy to the Mayor ami Common C-ouncil of said city, anrl iif)ne f)f the rails of saifl track shall he laifl above the level f)f the surface f>f the street. 323 See. 5. Saifl cf)m])any shall kee]) the saifl track in such comlition that it shall iifjt at any time be abf^ve the surface of saifl street, sf; that vehicles can easily ami freely at all times crf)ss saifl tracks, at all pf)ints, in any flirectif^n, withf>ut interference f;r obstruction, ami if saifl cfMU])any shall fail f)i* neglect tf> coni])ly with the ])rf)visifjns f)f this .sectif)n, the Cf^mmon Cf)uncil shall cause a iifdice, fixinj^ a time, which shall not be less than five flays, within which time saifl cf)inpany shall ])lace saifl track, or ])art thereof, in the conflitif)ii rcfjuirefl by this f>rflinance, ami if saifl cf)nipany shall, within the time Sf) fixcfl by the Cf)inmon C'fnmcil, fail so tf> flfj, saifl comj^any shall ff)rfeit ami ])ay tf) saifl city twenty-five fkillars ($25.00) ff)r every flay of such neglect aufl failure after the expiratifin f>f saifl time, as fixefl by saifl Commf)n Cf)uncil ami iif)tice therefif; anfl the City AtttfU'uey shall, u])f)u the firfler f>f the Ojinmon Cf)uncil, ])rf)secute such forfeitures tf) jmlii^meiit ami ex- ecutif)U in any Cf)urt f)f cf)mpetent jurisflictif)n. 324 Sr:c. 6. The Cf)mmf)n Cfjuncil shall have the power at all times tf) make such rej4’ulatif)ns as tf) the use f)f cars aufl the rate of s])eeefl, as public health, safety ami convenience may refjuire. ddie cars U])f)U saifl track shall be nif)vefl or f)])eratefl by animal ])f)wer only. Cars shall run u])on .saifl track frf)in 6 o’clock a. m. until f)’clf)ck' I’. .\T. f)f each ami every flay ami iif)t tf) exceefl twenty min- utes a])art in each flirection. 324-A .Si-:c. y. 'I'hf' rars f>f said cf)m]):n\ shall be entitlcfl to the track in all cases. Whenever any team or vehicle shall meet or be overtaken by a car, such team or vehicle shall ^ive way tf) .saifl car, uf)r shall any ])er.son wilfully or pur])Osely f)bstruct f)r interfere with any of the Kind of rails. Condition of repairs. Notice to re- pair. Failure. Penalty. Speed, regulation of. Right of way, who entitled. 2.3 Excavation by city. Relaying tracks. City indemni- fied. Cuts and fills, who to make. 260 I.AWS AND OKDINANCES. cars by driving or stopping, or causing to be placed or driven in a slow pace, or stopped, any team or vehicle or other ob- stacle in, upon, along or across or near the track of said line after being notified by the driver or the ringing of the hell or otherwise, and any person violating this section shall, upon conviction, forfeit and pay a fine to said city of not to exceed one hundred dollars ($100.00.) 325 Sec. 8. It shall be lawful for the city to ex- cavate, or permit to be excavated, said street where the same shall be necessary for public purposes, and in case the same is done, it shall be the duty of said company to protect its own property and rights as best it can pending such ex- cavation. 326 Sec. 9. And in relaying or paving such track, or any part thereof, it shall be the duty of said company to leave that portion of said street to be maintained by the city in as good condition as the same was before the laying or relaving of such track or parts thereof bv said companv. 327 Sec. to. The said company shall forever in- demnify and save harmless the said City of Fort Wayne, against and from any and all legal damages, judgments, decrees, costs and expenses of the same which it may suffer, or which mav 1)c recovered or obtained against it for or by reason of, or growing out of, or resulting from the passage of this ordinance, or any matter or thing connected herewith, or by the exercise by the company of tlie privi- leges hereby granted, or from any act or acts by said com- ])any, its servants or agents, under or by virtue of the pro- visions of this ordinance. 328 Sec. it. And said company agrees in accepting said ordinance, that if in the laying and building of its tracks u])on the grade given by the City Civil Engineer, which sliall he the only grade, it becomes necessary for said coni])any to cut down or fill up any street or roadway, or ])art of any street or roadway, from its track to the curb of the sidewalk bordering thereon, so as to make such street or road wav of uniform grade, said work to be done at its own expense and to the satisfaction of the Common Coun- eiks Committee on Streets and City Civil Engineer. FOKT WAYNK street RAIEKOAD CO. 261 329 Sec. 12. And the privileges herein granted to said company are upon the further condition that any pas- senger having paid fare upon said line herein named may, without extra charge, travel to his destination upon any other line of said company, whose car shall make imme- diate connection with the car upon said first line named, at the corner of Main and Calhoun streets, and likewise shall passengers from other lines operated by said com])any l)e entitled to take passage upon any car making immediate connection therewith on said first named line at the corner of Main and Calhoun streets without paying extra fare. By this section the said company is not bound to make imme- diate connection, but if the cars upon the dififerent lines do make immediate connections, then one fare shall pay for a continuous trip. 330 Sec. 13. The side-tracks and switches must be the Diamond switches, and no side-track or switch can be laid on any street closer together than 1,100 feet from each other unless by order of the Common Council, its Com- mittee on Streets and Mayor. Said work shall be com- menced not later than July ist, 1888, on said route, and all its tracks shall be finished not later than Julv ist, 1889. 331 Sec. 14. The said company shall enter into a good and sufficient bond with said city in the penal sum of five thousand dollars ($5,000.00) for the faithful per- formance of all the terms and conditions in this ordinance, and that said track shall be constructed and completed as herein provided. Done at the Council Chamber of the City of Fort Wayne this 28th day of February, t888. CHARLES F. MUHLER, Mavor. Attest: W. W. ROCKHILL, City Clerk. AN O RDI N ANCE authorizing^ the use and occupation of Main street by the Fort Wayne Street Railroad Com- pany, of Fort Wayne, Indiana. 332 Sec. I, Be it ordained by the Common Council Fares and transfers. Switches, kind. Bond. Fort Wayne Street Rail- road Com- pany, rights, Main, from Broadway to city limits. Width of track Tracks and grade. Pavement, ex- tent of. Repairs. 2()2 LAWS AND ORDINANCES. of the City of Fort Wayne, That consent, permission and authority are hereby given, granted and vested upon the conditions hereinafter named, unto the company organized as a body politic and corporate by the name of the Fort Wayne Street Railroad Comjiany, of Fort Wayne, Indiana, and its successors or assigns, to lay a street railroad track, with all necessary turnouts, side-tracks and switches for passenger railroad lines upon and along the following named streets : On West Main street, from Broadway west to city limits. Said track shall he of uniform gauge and not to exceed four feet and nine inches in width, and must be laid an equal distance from the center of said streef, and the center of the street shall be ascertained by measuring from the lines of the lots abutting upon said track. 333 Sec. 2. The consent, permission and authority in this ordinance, granted and vested in said company, are upon the conditions hereinafter specified in the following sections : 334 Sec. 3. The said railroad company is to lay said track on said street between said points, upon a grade to he given by the City Civil Engineer of said city, and said company is to pave with cobble stone, at tbe time said tracks are laid, all that portion of said street as lies be- tween the rails of said track, at its own exjiense, and to the satisfaction of the City Civil Engineer and the Common Council of said city, and the same is to be kept, and also twelve inches from the outside of each rail of said track, in repair and maintained to the satisfaction of said Engineer and Common Council, by and at the expense of said com- ])any: Provided, That after the expiration of ten years from the time of first laying said track, the said company shall, if so ordered by the Common Council, remove, at its own expense, said cobble stone, and pave the same with such material as the Common Council shall order, at its own ex])ense, and keeji and maintain the same likewise, all of which is to be done to the satisfaction of the City Civil Engineer and the Common Council : Provided, however. That the said company shall not be required to build a more expensive pavement for its portion than is provided for FOKT WAYNE vSTREET RAILROAD CO. 263 the balance of said street, if other than cobble stone is required of it. Said comjiany shall not be required to build or maintain an}' other portion of said street than specified above, except that it shall maintain and keep in repair after the same shall have been Iniilt or repaired, said street to a distance of twelve inches from the outside of eaeh rail of said track, to be so kept and maintained in repair by said com])anv, at its own expense, to the satisfaction of said Common Council. 335 Sec. 4. The rails constituting said track shall be the modern improved rail, not less than thirty pounds in weight, and to lie satisfactory to the Mayor and Common Council of said city, and none of the rails of said track shall be laid above the level of the surface of the street. 336 Sec. 5. Said company shall keeji the said track in such a condition that it shall not at any time be above the surface of said street, so that vehicles can easily and. freely, at all times, cross said track at all points, in any direction, without interference or obstruction, and if said company shall fail or neglect to comply with the provisions of this section, the Common Council shall cause a notice, fixing a time, which shall not be less than five days, within which said comjiany shall place said track, or part thereof, in the conditions required by this ordinance, and if said conqiany shall, within the time so fixed by the Common Council, fail so to do, said company shall forfeit and pay to said city twenty-five dollars ($25.00) for every day of such neglect and failure after the ex])iration of said time, as fixed by said Common Council and notice thereof, and the City Attorney shall, iqion the order of the Common Council, prosecute such forfeiture to judgment and execu- tion in any court of competent jurisdiction. 337 Sec. 6. The Common Council shall have the power at all times to make such regulations as to the use of cars and rate of speed as ])ublic health, safety and con- venience may require. The cars upon said track shall be moved or operated by animal power only. Cars shall run upon said track from 6 o’clock a, m. until o’clock Rails, kind. Tracks, condi- tion of, how kept. Notice. Penalty. City Attorney, duty of. Speed, regula- tion. 264 LAWS AND ORDINANCES. Right of way, who has it. Penalty. Excavation by city allowed. Tracks, re- laying of. City indemni- fied against loss. St. Mary’s bridge, track on. p. M. of each and every day, not to exceed twenty minutes apart in each direction. 338 Sec. 7. The cars of said company shall be en- titled to the track in all cases. Whenever any team or vehicle shall meet or be overtaken by a car, such team or vehicle shall give way to said car, nor shall any person wilfully or purposely obstruct or interfere with any of the cars by driving or stopping, or causing to be placed or driven in a slow pace, or stopped, any team or vehicle or obstacle in, upon, along, across or near the track of said line, after being notified by the driver or the ringing of the bell or otherwise, and any person violating this section shall, upon conviction, forfeit and pay a fine to said city of not to exceed one hundred dollars ($100.00.) 339 Sec. 8. It shall be lawful for the city to ex- cavate, or permit to be excavated, said street where the same shall be necessary for public purposes, and in case the same is done, it shall be the duty of said company to pro- tect its own property and rights as best it can pending such excavation. 340 Sec. 9. And in relaying or paving such track, or part thereof, it shall be the duty of said company to leave that portion of said street to be maintained by the city in as good condition as the same was before the laying or relaying of such track, or parts thereof, bv said company. 341 Sec. 10. The said company shall forever in- demnify and save harmless the said City of Fort Wayne, against and from any and all legal damages, judgments, decrees, costs and expenses of the same which it may suffer, or which may be recovered or obtained against it for or by reason of, or growing out of, or resulting from the ])assage of this ordinance, or any matter or thing connected herewith, or by the exercise by the company, its servants or agents, under or by virtue of the provisions of this ordinance. 342 Sec. it. And this ordinance is granted upon .the further condition that in making the crossing of the bridge over the St. Mary’s river, on West Main street, with the track of said company, that said company will lay said FOKT WAYNE STREET RAILROAD CO. 265 track at the place and in the manner provided by the City Civil Engineer and the Common Council’s Committee on Streets to their satisfaction. 343 Sfx. 12. And upon the further condition that said company, in the laying of its rails and making of its road-bed, if it shall be necessary to remove any earth or other substance from said street or way. that it will cause all such earth or other material to be placed upon such street or way as shall be directed by the Street Commis- sioner or Common Council’s Committee on Streets. 344 Sec. 13. And said company agrees in accepting said ordinance that if, in the laying and Imilding of its track upon the grade given by the City Civil Engineer, which shall be the only grade, it becomes necessary for said company to cut down or fill uj) any street or roadway, or part of any street or roadway, it will cut down or fill up, as the case may be, the whole of said street or roadway from its track to the sidewalk bordering thereon, so as to make such street or roadw^ay of uniform grade, said work to be done at its expense and to the satisfaction of the Common Council’s Committee on Streets and Civil Engineer. 345 Sec. 14. And the privileges herein granted to said company are upon the further conditions that any pas- senger having paid fare upon said line herein named may, without extra charge, travel to his destination upon any other line of said company, wdiose car shall make immediate connections with the car upon said first line named at the corner of Calhoun and Main streets, and likewise shall passengers from other lines operated by said company be entitled to take passage upon any car making immediate connections therewith on said first named line at the corner of Main and Calhoun streets, without paying extra fare. By this section the said company is not bound to make im- mediate connections, but if the cars upon the dififerent lines do make immediate connections, then one fare shall pay for a continnons trip. 346 Sec. 15. I'he side-track and switches must be the Diamond switches, and no side-track or switch can be laid unless by order of the Common Council, its Committee Removing earth, duty of Company. Cuts and fills, duty as to by Company. Fares and transfers. feide tracks, etc., where and how laid, 266 LAWvS AND OKDINANCES. Bond. Fort Wayne Electric Light Company, Factory street. Extent of per- mission. Electric power to be used. on Streets and the jMayor. Said work shall be commenced, not later than [nly ist, 1888, on said route, and all its tracks shall he finished not later than July ist, 1889. 346-A Sec. 16. The said company shall enter into a good and sufficient bond with said city in the penal sum of five thousand dollars ($5,000.00) for the faithful perform- ance of all the terms and conditions in this ordinance, and that said track shall be constructed and completed as herein provided. Done at the Council Chamber of the City of Fort Wayne this 28th day of February, 1888. CHARLFS F.' MUHLER, Mayor. Attest; W. W. RCJCKHILL, City Clerk. AN ORDINANCE authorizing the Fort IVaync Electric Eight Company, of Fort iVayne, Indiana, to construct, maintain and operate a line of street railway over Fac- tory street, in the City of Fort Wayne, to be operated by means of Electric Power. 347 Sec. t. Be it ordained by the Common Council of the City of Fort Wayne, Indiana, That consent, per- mission and authority are hereby given, granted and fully vested in the Fort Wayne Electric Light Company, its suc- cessors or assigns, to lay, construct, operate and maintain a single track street railroad over and along Factory street, west and north to Broadway, subject to the conditions here- inafter mentioned, to-wit : 348 Sec. 2. The motive power of said street rail- road, or any part thereof, shall be electricity, applied and used by means of storage battery, and said company, its successors and assigns, are hereby given and granted per- mission and full authority to use said street in such a way as may be necessary to operate said railroad, "in the manner and by the means hereinbefore ]:>rovided : Provided, That such railroad shall be located and constructed under the supervision of the Citv Civil Engineer. 349 Sec, 3. The tracks of said railroad shall be electkic vSTrep:t railroad. 267 laid to conform witli the established grade of said street, and in such a manner as to he no nnnecessarv impediment to the ordinary use of said street and the jiassage of wagons and other vehicles over the same, along and across said track, and so as not to o1)strnct the bow of water at and along the street at anv point. 350 Sec. 4. If sncli railroad is operated as herein- tofore provided, the street, wherever disturbed, obstructed or damaged by reason of the construction, repair or exist- ence of said railroad, shall be by said company ])romptly restored to the same, and in as good condition as it was prior to such disturbance or damage, and so maintained for the period of one year. 351 Sec. 5. The said Fort Wayne Electric Idght Company is to lay said railroad track on said street, be- tween said points, upon a grade to be given by the City Civil Engineer of said City of Fort Wayne, and said com- ])any, its successors or assigns are to pave with such ma- terial as said street is paved with, or as it shall hereafter be paved with, all that part of said street as lies between the rails of said track, at its own expense, and to the satis- faction of the City Civil Engineer and Common Council of said city, and the same is to be kept, as well as eighteen inches from the outside of each rail of said track, in rejiair and maintained to the satisfaction of said Engineer and the Common Council of said city, by and at the expense of said company, its successors or assigns : Provided, Thar said company shall not be recpiired to build a more expensive pavement for its portion than is provided for the balance of the street. Said company, its successors or assigns, shall not be required to build or maintain any other portion of said street than specified above, except that it shall maintain and keep in repair, after the same shall have been built or repaired, said street to a distance of eighteen inches from the outside of the rails of the track, to be so maintained and kept in repair by said company, at its own expense, to the satisfaction of the Engineer and Common Council. 352 Sec. 6. The said Fort Wayne Electric Light Company hereby agrees to save said city harmless from any Grade of tracks, what to be. Repairs, how made and kept. Pavement to be made by Company, ex- tent of. City indemni- fied by bond. 268 LAWS AND ORDINANCES. Forfeiture. Bond. Street Rail- road, R. T. McDonald. Columbia street and Columbia avenue. damages, loss and liability occasioned by the construction, maintenance or operation of said electric railroad. 353 Sec. 7. If the said Fort Wayne Electric Light Company, its successors or assigns, shall at any time cease to operate its electric works at the place where it is now located, then this ordinance to be null and void, and all rights of the said company, its successors or assigns, therein forfeited. 354 Sec. 8. The said Fort Wayne Electric Light Company and assigns shall enter into a good and sufficient bond to the City of Fort Wayne in the penal sum of ten thousand dollars ($10,000.00) for the faithful performance of all the terms and conditions in this ordinance. Done at the Council Chamber this 22nd day of De- cember, 1891. C. A. ZOLLINGER, Mayor. Attest: RUDY C. REINEWALD, City Clerk. AN ORDINANCE aiifJwriAng the use of Columbia street, from Calhoun street east on said street to the east line of the Bridge over the Maumee river, at the east end of the said Columbia street, thence over and along Columbia avenue, from said point to the city limits, for the purpose of an Electric Street Railroad, by Ronald T. McDonald and his assigns. 355 Sec. I. Be il ordained by the Common Council of the City of Eort IVayne, That consent, permission and authority are hereby given, granted and vested to R. T. McDonald and his assigns, to lay, construct and operate and maintain an electric street railroad, with all the neces- sary and, proper turnouts, switches, poles and wires, for a passenger railroad line upon and along Columbia street, from its intersection with Calhoun street to the east end of the river bridge over the Maumee river at the east end of said Columbia street, and from thence over and along Columbia avenue to the city limits, upon the conditions and under the limitations hereinafter provided in the following sections. KI.E:CTRIC STRKKT RAII.ROAD. 269 356 Sec. 2. The cars of said Ronald T. McDonald and his assignees shall be entitled to said track in all cases. When any team or vehicle shall meet or be overtaken by a car, such team or vehicle shall give way to such car, nor shall any person wilfully or purposely obstruct or interfere with any of the cars by driving or stopping, or causing to be placed or driven at a slow pace, or stopped, any team, vehicle or other obstacle in, upon, along, across or near the track of said line after being notified by the driver or the ringing of the bell or otherwise, and any person violating this section shall, upon conviction, forfeit and pay a fine to said city of not to exceed one hundred dollars ($ioo.oo.) 357 Sec. 3. The said Ronald T. McDonald and his assignees is to lay said track on said street, between said ])oints, upon a grade to be given by the City Civil Engineer of said city, and said Ronald T. McDonald and his assignees is to pave with such material as said street is paved with, or as it shall hereafter be paved with, all that portion of said streets as lies between the rails of said tracks, which shall be meant to include all that part also as shall lie be- tween said switches, at its own expense, and to the satis- faction of the City Civil Engineer and the Common Council of said city, and the same is to be kept, as well as eighteen inches from the outside of each rail of said track, in repair and maintained to the satisfaction of said Engineer and the Common Council, by and at the expense of said com- pany ; provided, all of which is done to the satisfaction of the said Civil Engineer and Common Council : Provided, however. That the said Ronald T. McDonald and his as- signees shall not be required to build a more expensive pave- ment for its portion than is provided for the balance of the street. Said Ronald T. McDonald and his assignees shall not be required to build or maintain any other portion of said street than is specified above, except that it shall main- tain and keep in repair, after the same shall have been built or repaired, said street to a distance of eighteen inches from the outside of the rail of each track, to be kept and main- tained in repair by said Ronald T. McDonald and his as- Right of way, who has it. Penalty. Grade of track. Pavement, ex- tent of. Repairs. 270 LAWS AND ORDINANCES. ‘Rails, kind, how laid. Condition of repairs. Notice to re- pair. Failure to repair, penalty. Speed, regula- tion. Power, kind, when cars to run. signees, at its own- expense, to the satisfaction of the Com- mon Council. 358 Sec. 4. The rails constituting the track and switches shall be of the most modern improved rail for such l)urposes, and such rail as shall be satisfactory, to the Mayor and Common Council of said city, and none of the rails shall be laid or at any time maintained above the surface of anv of said street. 359 Sec. 5. Said Ronald T. McDonald and his assignees shall keep said track in such condition that it shall not at any time be above the surface of said street, so that vehicles can easily and freely at all times cross said tracks, at all points, in any direction, without interference or obstruction, and if said Ronald T. McDonald and his assignees shall fail or neglect to comply with the provisions of this section, the Common Council shall cause a notice, which shall not be less than five days, within which time said Ronald T. McDonald and his assignees shall place said track, or part thereof, in the condition required by this ordinance, and if said Ronald T. McDonald and as- signees shall, within the time so fixed by the Common Council, fail so to do, said Ronald T. McDonald and assigns shall forfeit and pay to said city twenty-five dollars ($25.00) for every day of such neglect and failure after the expiration of said time, as fixed by said Common Council and notice thereof, and the City Attorney shall, upon the order of the Common Council, prosecute such forfeiture to judgment and execution in any court of com- petent jurisdiction. 360 Sec. 6. And the Common Council shall have, the power, at all times to make such regulations as to the use of the cars and the rate of speed as public health, safety and convenience may require. The cars upon said track shall be moved or operated by electric power only. Cars shall run upon said track from 6 o’clock a. m. until ii o'clock p. M. of each and every day, and not to exceed fifteen minutes apart within the city limits in each direction after completion, and the full length of said route, not less than everv half hour. electric street railroad. 271 361 Sec. 7. It shall be lawful for the city to ex- cavate, or permit to be excavated, said street where the same shall be necessary for public purposes, and m case the same is done, it shall be the duty of the said Ronald T. ^McDonald and his assignees to protect its own property and rights as best it can pending such excavation. 362 Sec. 8. And in relaying or paving such track, or any part thereof, it shall be the duty of said Ronald T. AIcDonald and his assignees to leave that portion of said street, to be maintained by the city, in as good condition as the same was before the laying or relaying of such track, or part thereof, by said Ronald T. McDonald and his assignees. 363 Sec. 9. The said Ronald T. McDonald and his assignees shall forever indemnify and save harmless the said City of Fort Wayne against and from any and all legal damages, judgments, decrees, costs and expenses of the same, which it may suffer or which may be recovered or obtained against it, for or by reason of, or growing out of, or resulting from the passage of this ordinance, or any matter or thing connected therewith, or by the exercise by the Ronald T. 'McDonald and his assignees of the privi- leges hereby granted, or from any act or acts of said Ronald T. McDonald and his assignees, its servants or agents, under or bv virtue of the provisions of this ordinance. 364 Sec. 10. And upon the further condition that said Ronald T. McDonald and his assignees, in the laying of rails and the making of its roadbed, if it shall be neces- sary to remove any earth or other substance from said street or way, that it shall cause all such earth or other material to be placed upon such street or way as shall be directed by the Street Commissioner or the Common Coun- ciks Committee on Streets. 365 Sec. it. And said Ronald T. McDonald and his assignees agree, in accepting such ordinance, that if, in the laying and building of its track upon the grade given bv the City Civil Engineer, which shall be the only grade, it becomes necessary for said Ronald T. McDonald and his assignees to cut down or fill up any street or roadway, or Excavation by city. Relaying tracks, duty. City indemni- fied. Removal of earth, where placed. Cuts and fills, extent of. 272 I.AWS AND ORDINANCES. Fares and transfers. Side tracks and switches. Grade to be changed if necessary, by whom. part of any street or roadway, it will cut down or fill up, as the case may be, the whole of said street or roadway, from its track to the sidewalks bordering thereon, so as to make such street or* roadway of uniform grade, said work to be done at its own expense and to the satisfaction of the Common Council s Committee on Street^ and the City Civil Engineer. 366 Sec. 12. And the privileges herein granted to said Ronald T. McDonald and his assignees' are upon the further condition, that any passenger having paid fare upon said line, at any point within the city limits, may, without extra charge, travel to his destination upon any other line of said McDonald or his assignees, in connection therewith, or upon any other lines made as extensions to the lines herein named or acquisitions thereto, or upon any other lines that may hereafter become a consolidation with the line herein specified, or to which the line herein specified may be-, come tributary. The said fare for such continuous trip shall not exceed the sum of five cents from any point within the city limits, and from any point within the city limits to without the city limits not to exceed ten cents, and from points without the city limits to points within the city limits not to exceed five cents. 367 Sec. 13. The side-tracks or switches must be that commonly used, and no such side-track or switch can he laid on any street closer together than 1,100 feet from each other, unless by special permission of the Common Council by ordinance first obtained. 368 Sec. 14. In case said Ronald T. AIcDonald or his assignees should lay the tracks or switches herein per- mitted before the permanent paving of any of the streets herein named, said Ronald T. AIcDonald and his assigns agree as a condition for such franchise, if it becomes neces- sary, in the opinion of the Common Council, to be made known by the passage of a resolution therein to raise, lower or change the grade of any street or the grade of such track or switches, the said Ronald T. IMcDonald and his assignees make such change of grade of such streets, tracks ELECTRIC street RAILROAD. 273 or switches at the expense of Ronald T. McDonald and his assignees. 369 Sec. 15. The poles and wires to be used by said Ronald T. McDonald and his assignees, in the opera- tion of said road upon Columbia street, in said city, shall be not less than thirty-five feet high above the surface of the ground, and upon the other streets not less than twenty- five feet above the surface of the ground; all of said poles to be neatly trimmed and painted in such manner and as often as the Common Council may from time to time direct. Said poles to be maintained as at no time to be, or liable to be, a menace or interference to the public health, safety, welfare and convenience, and as to such menace or inter- ference the Common Council shall be the sole judge. Poles of less height may be erected at such points as may be necessary, upon the consent of the Common Council by resolution being obtained therefor, and in case the Common Council, on account of the public welfare or necessity, shall require the burying, boxing or other or different mode than overhead wires, said Ronald T. AlcDonald and his assignees agree to comply with any ordinance of the Common Council made in relation thereto : Provided, Said order is general and a compliance with said order is practical. 370 Sec. 16. And said Ronald T. McDonald and his assignees, as a condition for said franchise and per- mission, to comply with all ordinances and resolutions of the Common Council of said city, which are now in force, or which may hereafter be adopted, relating to the police regulation and welfare of the citizens of said citv. 371 Sec. 17. And it is hereby understood and agreed that .upon any poles erected by said Ronald T. McDonald or his assignees, the City of Fort Wayne shall be permitted, without consideration or cost, so long as Ronald T. McDonald and his assignees shall choose or be permitted to use said poles, to carry upon the top lines of said poles fire or police lines for the city’s service. 372 Sec. 18. Upon all improved streets the poles shall be erected without the curb lines, and upon such streets as may be hereafter improved, all poles shall be placed in Poles, height. Subject to police regula- tions. City to use poles. Poles, where placed. 274 LAWS AND OKDINANCES. Columbia street and Columbia avenue, tracks, where placed. Bond. Fort Wayne Street Rail- road. glitters or outside of curb line as shall be ordered by the Common Council, and upon improved streets said poles shall be so maintained as to cause the least interference with the flow of water in gutters. Upon Columbia street, said track shall* be placed in the center line of said street in reference to the lots and lines, and in the crossing of the bridge over the Maumee river, the track shall be placed at such point and under such requirements as to its con- struction and maintenance as shall be determined by the Common Council and the City -Civil Engineer, and on Colum- bia street, said track shall be right in the middle of the street, and the track on Columbia avenue shall be laid on the north side of said avenue, until the whole width of the avenue shall have been graded and graveled, when the track shall be removed to the center line of said avenue, if required by ordinance of the Common Council so to do, without any costs or expenses to said city. 373 Sec. 19. The said Ronald T. McDonald and his assignees shall enter into a good and sufficient bond with said city in the penal sum of ten thousand dollars ($10,000.00) for the faithful performance of all the terms and conditions in this ordinance, and that said track shall be constructed and completed as herein provided. The said road to be completed and in running order by the first day of November, 1892. Done at the Council Chamber of the City Hall, in the Citv of Fort Wayne, this 23rd day of February, 1892. C. A. ZOLLINGER, Mayor. Atttest: RUDY C. REINEWALD, City Clerk. AN ORDINANCE relating to the use of Eleetrieity as a Motive Pozver by the Eort Wayne Street Raihvay Company. 374 Sec. I. Be it ordained by the Common Couneil of the City of Eort Wayne, . Tlmt Whereas, The Fort Wayne Street Railroad Company, operating a system of street railway lines under and by virtue of certain ordinances of said city, has signified its FORT WAYNE STREET RAILROAD CO. 275 willingness and desire to change the motive power upon its street railroad in said city, and Whereas, There is a desire on the part of the people of said city for a more convenient and rapid mode of tran- sit, and that an electric system be substituted for animal power for the movement of cars for the said company ; Therefore, consent, permission and a^-Thority are hereby granted to the Fort Wayne Street Railroad Company, its successors and assigns, to operate all its lines of street rail- road, as the same now exists, with any and all extensions or additions that may hereafter be granted thereto, by electricity, using the storage battery, conduit, overhead wire, or such other system as said company may deem most practical. In pursuance of and compliance with the ordi- nances of said city, and while all provisions of that ordinance are .fulfilled by said company, its successors and assigns, and to that end, and for such purpose, said company shall have the right to construct such conduits between its tracks or to erect and maintain poles, wires, fixtures and all other appurtenances, appliances and fixtures for conducting cur- rents of electricity for the purpose of transmitting and pro- ducing motive power to propel ^nd operate the cars on said street railroad. 375 Sec. 2. In case said company adopts and uses a trolley or overhead wire system for operation of said street railroad by electricity, then the poles and wires to be used by it in such operation shall not be less than eighteen feet or more than twenty-five feet above the surface of the ground, and all such poles shall be neatly trimmed and painted in such manner and as often as the Common Coun- cil may from time to time direct. 376 Sec. 3. Upon Calhoun street, from Superior street south to Creighton avenue, and upon Main street, from Harrison street east to Lafayette street, and on Clinton street, from IMain street south to Washington street, the poles shall be of iron, set next to and outside of the curb stone, and shall be so set and maintained as to cause the least interference with the flow of water in the gutters. Upon all other streets the poles shall be placed inside Motor power, electricity. T rolleys. Poles, height and conditions. Poles, iron, where. Where set. 276 LAWS AND ORDINANCES. Conditions of franchise. Underground conduits. Workmanship. Guards and red lights. Cars, kind. the curb stone, said poles to be placed under the direction and to the satisfaction of the City Civil Engineer and Street Commissioner. 376-A Sec. 4. The Common Council shall have the power at all times to make such regulations as to the rate of speed as public safety and convenience shall require. 377 Sec. 5. The permission is herein granted with all the privileges and subject to all the conditions of this ordinance, and of the several ordinances, under and by virtue of which the said company is now permitted to operate its street railroad lines along and upon the several streets of said city, except as to the rate of speed. 378 Sec. 6. In case said company adopts and uses an underground conduit system for the operation of its street railroad, then said company shall be permitted to make the necessary excavation under its tracks therefor, but it shall refill said trenches and replace all pavement re- moved or taken up by it in making such excavation in as good condition as the ^ame is now, and to the satisfaction of the City Civil Engineer and Street Commissioner. 379 Sec. 7. All work shall be done in a good and workmanlike manner, and so as not to interfere with or obstruct the convenient use of any street or alley, or in any manner interfere with or afifect any sewer, water or gas pipe .which has been constructed or which may hereafter be constructed by or under the authority of the City of Eort Wayne. 380 Sec. 8. All excavations shall at all times be kept and maintained with proper guards and red lights, to render the same secure and free from danger, and no ex- cavations shall be permitted to be or remain in any street or alley of said city for a longer period than is necessary to promptly and expeditiously construct or repair such poles, wires or main. 381 Sec. 9. The said Eort Wayne Street Railroad Company, its successors and assigns, shall continue on said railroad good cars, equipped with modern improvements for the convenience and comforts of passengers, and man- aged and operated as the public necessity may require, and FORT WAYNE STREET RAIEROAD CO. 277 so as to promote the safety of those using the same, as well as those lawfully jn and upon and about the public streets and places in said city. 382 Sec. 10. The said Fort Wayne Street Railroad Company, its successors and assigns, do obligate them- selves to comply with all the conditions and provisions of this ordinance, and that they shall forever indemnify and save harmless the said City of Fort Wayne from all costs, expenses and damages, suffered or incurred by it and from all judgments and decrees rendered against it by reason or of growing out of, or resulting from the passage of this ordinance, or any matter or thing connected therewith, or by the exercise by the said company, its successors and assigns, of the privileges Jiereby granted, or from any act of said company, its successors and assigns, their servants or agents, under or by virtue of this ordinance, or failure to comply with any, provision thereof, and to that end said company, its successors or assigns, upon accepting this ordinance, execute to said city, and thereafter keep good, a bond in the penal sum of fwenty-five thousand dollars ($25,000.00), with surety, to be approved by the Common Council, conditioned that said company, its successors and assigns, will so protect and save harmless said city and comply with all the conditions and provisions of this ordinance. 383 Sec. II. The said company shall adopt and actually commence the construction of a system of elec- tricity on the streets for the operation of its street railroad within four months from the date of the passage of this ordinance, and shall have all its lines equipped and in opera- tion by such system within twelve months from the passage of such ordinance, and upon the failure of said company to actually commence the construction of such system in good faith within said four months and have the same com- pleted within .the twelve months, then all rights and privi- leges herein and hereby granted shall cease and be forfeited. 384 Sec. 12. This ordinance shall take effect and be in force from and after its passage, and the filing by said company, its successors or assigns, with the City Clerk, a Indemnity to city. Bond. Time when work to begin 278 LAWS AND ORDINANCKS. Double tracks, Calhoun, Su- perior and Plum streets. Pavements. written acceptance of the terms and conditions thereof, to- gether with a bond as above provided, within thirty days after the passage of the same. Done at the Council Chamber this 23rd day of Feb- ruary, 1892. C. A. ZOLLINGER, Mayor. Attest : RUDY C. REINEWALD, City Clerk. AN ORDNIN ANCE for the extension of the double track on Calhoun, Superior and Main streets by the Fort Wayne Street Railroad Company. 385 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That consent, permission and authority are hereby given, granted and vested unto the Fort Wayne Street Railroad Company, its successors and assigns, to extend, construct, operate and maintain its double track street railroad, from its present northern terminus on Calhoun street just north of Main street to Superior street, thence west on Superior street to Plum street ; thence on Plum street to within 150 feet of St. Mary’s River bridge, and on Main street, from the switch between Calhoun street and Court street to Lafayette street, and on Calhoun street, from Hamilton street to Butler street : Provided, That in laying or repairing any such track, or parts of tracks, as hereinafter provided, it shall be the duty of said company to leave that portion of streets to be maintained by the city in as good condition as the same was before the laying or relaving of such tracks, or parts of tracks, bv said companv. 386 Sec. 2. This ordinance is made subject to all the provisions and restrictions of this ordinance and the amendments thereto, heretofore granted to the Citizens’ Street Railroad Company, of Fort Wayne, its successors and assigns, for the construction and operation of a double track street railroad upon Calhoun street. Except that said company, its successors and assigns, will be required to pave and maintain the parts of said street herein men- tioned between the rails of each of said tracks, as well as that portion of said streets as lies between said tracks with FOKT WAYNE STREET KAILKOAD CO. 279 the same material that is used in the pavement of said streets, at the time of laying such track or tracks, or that mav thereafter be used, by order of Council, instead of cobble stone, as provided for in Section 3 of the ordinance herein referred to. 387 Sec. 3. The said company shall enter into a good and sufficient bond with said city in the penal sum of two thousand dollars ($2,000.00) for the faithful perform- ance of all the terms and conditions contained in this ordinance. Done at the Council Chamber in the City of Fort Wayne this 15th day of April, 1892. C. A. ZOLLINGER, Mayor. ■ Attest: RUDY C. REINEWALD, City Clerk. ZfA' ORDINANCE authori.zing the use and occupation of certain streets therein named by the Fort IVayiie Street Raitroad Company, of Fort Wayne, Indiana. 388 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That consent, permission and authority are hereby given, granted and vested upon the conditions hereinafter named, unto the company organized as a body politic and corporate, by the name of the ‘Wort Wayne .Street Railroad Company, of Eort Wayne, Indiana,” and its successors and assigns, to lay a street railroad track with all necessary turnouts, side-tracks and switches, for passenger railroad lines upon and along the following named streets, to-wit: On Clinton street, from Main street south to Lewis street, and on Lewis street, from Clinton street east to Wal- ton avenue. Said track shall be of uniform guage and not to exceed four feet and nine inches in width, and must be laid at equal distance from the center of said streets, and the center of said streets shall be ascertained by measuring from the lines of the lots abutting upon said streets. 389 Sec. 2. The consent, permission and authority in this ordinance granted and vested in said company are Bond. Fort Wayne Street Rail- road Com- pany., Clin- ton and Lewis. 280 LAWS AND ORDINANCES. Pavement, ex- tent of. Repairs, ex- tent of. Rails, kind. upon the conditions hereinafter specified in the following sections. 390 Sec. 3. The said railroad company is to lay said track on said street between said points, upon a grade to be given by the City Civil Engineer of said city, and said com- pany is to pave with cobble stones, at the time said tracks are laid, all that portion of said streets that lies between the said rails of said tracks at its own expense and to the satisfaction of the City Civil Engineer and the Common Council of said city, and the same is to be kept, and also twelve inches from the outside of each rail of said track, in repair and maintained to the satisfaction of said Engineer and Common Council, by and at the expense of said com- pany, provided, that after the expiration of ten years from the time of first laying of said track, the company shall, if so ordered by the Common Council, remove, at its own expense said cobble stone, and pave the same with such material as the Common Council shall order, at its own expense, and keep and maintain the same likewise, all of which is to be done to the satisfaction of the City Civil Engineer and the Common Council : Provided, however. That the said company shall not be required to build a more expensive pavement for its portion than is required for the balance of the street, if other than cobble stone is required for it. Said company shall not be required to build or maintain any other portion of said street than specified above, except that it shall maintain and keep in repair, after the same shall have been built or repaired, said street to a distance of twelve inches from the outside rail of each track, to be so kept and maintained in repair by said company at its own expense to the satisfaction of said Common Council. 391 Sec. 4. The rails constituting the said track shall be the modern improved rail, not less than forty pounds in weight to the yard, and to be satisfactory to the Mayor and Common Council of said city, and none of the rails of said track shall be laid above the surface of the street. 392 Sec. 5. Said company shall keep said track in FORT WAYNE STREET RAILROAD CO. 281 such a condition that it shall not at any time be above the surface of said street, so that vehicles can easily and freely at all times cross said tracks at all points, in any direction, without interference or obstruction, and if said company shall fail or neglect to comply with the provisions of this section, the Common Council shall cause a notice, which shall not be less than five days, within which time said company shall place said track, or part thereof, in the condition required by this ordinance, and if said company shall within the time fixed by the Common Coun- cil fail to do so, said company shall forfeit and pay to said city twenty-five dollars ($25.00) for each day of such neglect and failure after the expiration of said time, as fixed by said Common Council and notice thereof, and the City Attorney shall, upon the order of the Common Council, prosecute such forfeiture to judgment and execution in any court of competent jurisdiction. 393 Sec. 6. And the Common Council shall have the power at all times to make such regulations as to the use of the cars and the rate of speed as public health, safety and convenience may require. The cars upon said track shall be moved or operated by animal power only. Cars shall run upon said track from 6 a. m. until ii o’clock p. M. of each and every day, and not to exceed fifteen minutes apart in each direction after completion. 394 Sec. 7. The cars of said company shall be en- titled to said track in all cases. When any team or vehicle shall meet or be overtaken by a car, such team or vehicle shall give way to such car, nor shall any person wilfully or purposely obstruct or interfere with any of the cars by driving or stopping, or causing to be placed or driven at a slow pace, or stopped, any team or vehicle or other ob- stacle, in, upon, along, across or near the track of said company, after being notified by the driver, or the ringing of the bell, or otherwise, and any person violating this section shall, upon conviction, forfeit and pay a fine to said city of not to exceed one hundred dollars ($100.00.) 395 Sec. 8. It shall be lawful for the city to exca- vate, or permit to be excavated, said streets where the Track, how kept. Failure to re- pair. Penalty. Speed, rate of. ars, right of way of. Excavation by city. 282 LAWS AND ORDINANCES. Relaying track, duty of Company. City indemni- fied. Removal of earth. Cuts and fills. same shall be necessary for public purposes, and in case the same is done, it shall be the duty of said company to protect its own property and rights as best it can pending such excavation. 396 Sec. 9. And in relaying or paving such track, or any part thereof, it shall be the duty of said company to leave that portion of said street to be maintained by the city in as good condition as the same was before the laying or relaying of such track, or part thereof, by said company. 397 Sec. 10. The said company shall forever in- demnify and save harmless the said City of Fort Wayne against and from any and all legal damages, judgments, decrees, costs and expenses of the same which it may suffer or which may be recovered or obtained against it for, or by reason of, or growing out of, or resulting from the passage of this ordinance, or any matter or thing connected here- with, or by the exercise of the company of the privileges hereby granted, or from any act or acts of said company, its servants or agents, under or by virtue of the provisions of this ordinance. 398 Sec. II. And upon the further condition that said company, in laying of rails and making of its road-bed, if it shall be necessary to remove any earth or other sub- stances from said street or way, that it shall cause all such earth or other material to be placed upon such street or way as shall be directed by the Street Commissioner or the Common Council’s Committee on Streets. 399 Sec. 12. And said company agrees in accepting such ordinance that if, in the laying of its tracks upon the grade given by the City Engineer, which shall be the only grade, it becomes necessary for said company to cut down or fill up, as the case may be, the whole of said street or roadway from its tracks to the sidewalks bordering thereon, so as to make such street or roadway of uniform grade, said work to be done at its own expense and to the satis- faction of the Common Council’s Committee on Streets and the City Civil Engineer. 400 Sec. 13. And the privileges herein granted to said company are upon the further condition that any pas- l-'OKT WAVNl*: STKICICT KAIIJx’OAD CO. 2 y this section said company is not hound to make imme- diate connections, hnt if the cars upon the different lines do make connections immediately, then one fare shall ]>ay for a conlinnous tri]). 401 Sice, 14. ddie side-tracks and the switches shall 1 k' ihe Diamond switches, and no side-track or switch can he laid closer together than 1,100 feet from each other, unless hv order of tlu' C'ommon C'onncil, its Committee on Streets, and the Mayor. Said work shall he commenced not later than ( )ctoher ist, i8()o, on said route, and its tracks shall he finished not later than ()ctoher ist, i(S()i. 402 Si'.c. V5. The said company shall continue to op- erate its present line of street railroad upon Main, La- fayette, h"ast JefTerson, I larmer and Washiiii^ton streets, in said city, and the cars shall nm upon said line not to exceed fifteen minutes apart in each direction. 403 vSi'X'. 16. In case said conpiany should lay its tracks or any of them uikUm- the j^'ronnd herein, before the |)ermanent paving' of any of the streets herein named, said company and its assignees hereby ac^'rees, if necessary, in the opinion of the Council, to raise, lower or chaipc^e the "rade of its tracks, at its own expense, so as to conform with the i^'rade of such streets when improved. 404 Si '.c. 17. d'he said company shall enter into a ^mod and siifficient bond with said city in the penal sum of five tluMisand dollars ($5,000.00) for the faithful per- formance of all the terms and conditions in this ordinance, and that said track shall be constructed and completed as herein ])rovided. Done at tbe Council Chamber this 24th day of June, 1890. DANIEL T.. TTARi:)TNG, Mavor. RUDY C. REfNEWAT.D, City Clerk. Fares and transfers. Switches, kind Continue to operate on certain streets. Relaying tracks to con- form to grade Bond. Attest : 284 LAWvS AND ORDINANCES. C. L. Centlivre Street Rail- way Com- panl, double track. On Superior street and Spy Run. lectricity to be used. Pavement and repairs, ma- terial. Rails. Crossings. GENERAL ORDINANCE NO. 3. (June 26, 1894.) AN ORDINANCE relating to the eonstruetion and niain- tenanee of a double track on Superior street and Spy Run avenue, from the east line of Calhoun street to within fifty feet of the bridge, and a single track from this point to the bridge crossing the St. Mary’s river. 405 Sec. I. Be it ordained by the Conunon Council of the City of Fort Wayne, That consent, permission and authority are hereby granted and vested, upon the condi- tions hereinafter named, nnto the C. L. Centlivre Street Railway Company, its successors and assigns, as herein- after provided, to lay, construct and maintain and operate a double track street railroad from the east line of Calhoun street, on Superior street, to within fifty feet of, and a single track from this point up to the bridge crossing the St. Mary’s river, on Spy Run avenue, and the right to connect by proper curves or switches with the tracks of the Eort Wayne Electric Railway Company at the corner of Calhoun and Superior streets. 406 Sec. 2. The said road to be operated by elec- tricity. 407 Sec. 3. 1 he said company shall at the time it lays and constructs said tracks, pave, maintain and keep in repair all that part of said street lying between the outer rails of both tracks, including that part of the street lying between the inner rails of said tracks, with first class vitri- fied paving brick and broken stone foundation of such thickness and quality as may be required by the Board of Public Works. And provided that the rails used in the construction of said track shall be a first class modern rail to be satis- factory to the Board of Public Works of said city. And provided, further, that in crossing any paved or unpaved street the company shall place the crossings out- side the outer rails in as good repair as before making crossings. And provided, further, that at any time the Board of C. L. CKNTLIVKK STRKKT RAILWAY CO. 285 Public Works deems it advisable that all said street shall be paved, then, in that case, if said street is paved, they shall have the right to require the said company, at their own expense, to take up and remove the pavement as here- inbefore provided for, and replace the same with a pave- ment of the same kind and quality that the said Board of Public Works directs that shall be placed upon the re- mainder of said street. And provided, further, that if all of the said street is paved, said company shall be required to pave, maintain and keep in repair in addition to the surface of said street, already herein provided for, to be paved, two strips of ground, each twelve inches wide, lying directly contiguous to the outside of the outer rails of both tracks. Said work to be done at the same time and to the satisfaction of the Board of Public Works. 408 Sec. 4. That said company shall be allowed to operate its cars on said tracks by electricity, using the storage battery, conduit, overhead wires, or such other system as said company may deem most practical, in pursuance of and compliance with the ordinances of said city while all provisions of this ordinance are fulfilled by said company, its successors and assigns. And to that end for such pur- pose said company shall have the right to construct such conduits between its tracks, or to erect and maintain poles, wires, fixtures, and all other appurtenances, appliances and fixtures for conducting currents of electricity for the pur- pose of producing motive power to propel and operate the said cars on said street railroad. 409 Sec. 5. In .case said company adopts and uses a trolley or overhead wire system for operating said street railroad by electricity, then the poles and wires used by it in such operation shall not be less than eighteen feet nor more than twenty-five feet above the surface of the ground. And all of said poles shall be placed inside of the curb and be made of iron and painted in such manner and as often as the Board of Public Works from time to time directs. 410 Sec. 6. The Common Council shall have the Paving street, uower of Board of Pub- lic Works. Repairs out- side of rails, how kept. How operated. May construct conduits, erect poles, wires, etc. Trolley wires, poles, how high and where placed. 25 286 LAWS AND ORDINANCES. Speed, regula- tion of. Conditions, subject to ordinance. Kind of cars to be used. How operated and managed. Indemnity to city. Bond. power at all times to make such regulations as to the rate of speed as public safety and convenience may require. 411 Sec. 7. The permission herein granted shall be subject to all of the conditions of this ordinance, and of the several ordinances in and by virtue of which the said company is now permitted to operate its said railroad lying along said streets of said city, except as to the rate of speed. 412 Sec. 8. The C. L. Centlivre Street Railroad Company, its successors and assigns, shall use and continue on said railroad first class cars equipped with all the modern improvements for the convenience and comfort of pas- sengers. Said company shall operate and manage its said road as the public safety may require, with due regard to the safety of those using same, and those lawfully in and about the public streets of said city. And said company shall, upon special occasions of unusual travel, when the travel averages more than twenty-five passengers to a car per trip each way per day, employ a conductor on such car at such times to collect fares. 413 Sec. 9. The said company, its successors and assigns, do obligate themselves to comply with all the con- ditions and provisions of this ordinance, and that they shall forever indemnify and save harmless the City of Fort Wayne from all costs, .expense and damages suffered or incurred by it, and from all judgments and decrees rendered against it by reason of, or growing out of, or resulting from the passage of this ordinance, or any matter or thing con- nected therewith, or by the exercise of the said company, its successors or assigns, of the privileges hereby granted, or from any act of said company, jts successors or assigns, their servants or agents, under and by virtue of this ordi- nance or failure to comply with any provisions thereof, ^.nd to that end said company, its successors and assigns, upon accepting this ordinance, shall execute to said city and there- after keep a good bond in the penal sum of twenty thou- sand dollars ($20,000.00), with surety fo be approved by the Mayor and filed with the Department of Finance, con- ditioned that said company, its successors and assigns, will C. L. CENTLIVEE STREET RAILWAY CO. 287 SO protect and save harmless said city and comply with all the conditions and provisions of this ordinance. 414 Sec. io. The said company shall adopt and actually commence the construction of a system of elec- tricity on the streets for the operation of its street railroad within two months from the date of passage pi this ordi- nance, and shall have all the said lines equipped and in operation by such system within twelve months from the passage of said ordinance, and upon the failure of said com- pany to actually commence the construction of such system in good faith within said two months and have the same completed within twelve months, then all rights and privi- leges herein and hereby granted shall cease and be forfeited. 415 Sec. II. All rights, privileges and permission granted and vested unto the C. L. Centlivre Street Railway Company by virtue of this ordinance and all former ordi- nances is upon the expressed condition that in case any ter- ritory or suburbs through which said company, its successors and assigns, operate street railroads is annexed to or become part of the City of Fort Wayne, then in that case all street railroads so operated by them on the streets or roads of such annexed territory by virtue of any ordinance to said company granted, shall be governed by and be subjected to all the requirements and conditions of this ordinance and ordinances governing street railroads. Except said company will not be required to pave the space between the tracks on those streets within such annexed territory until the remainder of such streets are paved. But said company shall be required at all times to gravel and maintain at its own expense that part of the streets between the outer rail of its tracks, including the space between the inner rails if there is double track, and keep the same in as good repair and condition as the balance of said street shall be at that time. Said work to be done to the satisfaction of the Board of Public Workl 416 Sec. 12. All rights, privileges and permissions granted to or vested in the C. L. Centlivre Street Railway Company, its successors and assigns, by virtue of this ordi- nance and all former ordinances to said company granted When to begin construction of. Forfeiture. Conditions when terri- tory Is an- nexed. Limit of fran- chise. When in force. Amendment to certain or- dinance. Fort Wayne Street Rail- road Com- pany, Wells street. Double track. 288 LAWS AND ORDINANCES. shall cease, revert to and become the property of the City of Fort Wayne in ninety-nine years from the date of the passage of this ordinance. 417 Sec. 13. This ordinance shall take effect and be in full force and effect from and after its passage and filing by said company, its successors or assigns, the bond as here- inbefore provided for and written acceptance of the terms and conditions thereof within thirty days after the passage of the same. This ordinance is intended as an amendment of a cer- tain ordinance passed by the Common Council of said city of Fort Wayne on the 13th day of September, 1887, granting to Charles L. Centlivre and his assigns the right to lay and construct a single track street railroad on Superior street, from the eastern terminus thereof to the east line of Calhoun street, and for the purpose of granting said C. L. Centlivre Street Railway Company permission to change said road to a double track road and to operate the same with electricity. Approved by us this i8th day of June, 1894, and its passage recommended by the Common Council of the City of Fort Wayne, Indiana. [Approved June 20, 1894.] AN ORDINANCE authorizing the construction and main- taining of a double track street railroad upon Wells street, from a point fifty feet north of the Lake Shore & Michigan Southern Railroad to Huffman street, and a single track street railroad from the St. Mary's river bridge to said point fifty feet north of said Lake Shore & Michigan Southern Railroad. 418 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That consent, permission and authority are hereby granted and vested unto the Fort Wayne Street Railroad Company, its successors and assigns, to lay, construct, operate and maintain a double track street railroad upon Wells street, from a point fifty feet north of the Lake Shore & Michigan Southern Railroad to Huffman street, and a single track street railroad on said Wells street, from the St. Mary’s river bridge to said point fifty feet north Read these lines afltei* woi*ds Indiana, its sxTCcessors,^'’ line section 41 1>. and assigns, for the construction and operation of a double track street railroad upon Calhoun street, except that said company, its successors and assigns, will be required to pave and maintain that part of said street herein mentioned be- tween the rails of each of said tracks, as well as that portion of said street that lies between said tracks with vitrified FORT WAYNE STREET RAILROAD CO. 289 of said Lake Shore & Michigan Southern Railroad, and to operate tlie same by electricity, conditioned, however, that upon accepting the rights and privileges herein granted the said street railroad company, its successors and assigns, re- leases unto said City of Fort Wayne its franchises on Cass street and Third street, and that the said company removes therefrom all tracks and turnouts therein. In removing said tracks from Cass street and Third street, the said company shall leave the surface of said street even and smooth and fill with good grade of gravel, well packed, the excavations left vacant by the removal of the tracks or any parts thereof, and to pave with cobble stone that portion of Cass street left vacant by the removal of the track to the extent that Cass street is now paved with cobble stone. 419 Sec. 2. This ordinance is made subject to all the provisions and restrictions of the ordinance and amend- ments thereto heretofore granted to the Citizens’ Street Railroad Company, of Fort Wayne, Indiana, its successors paving brick, upon a foundation of six inches of broken stone and three inches of sand : Provided, however. That the broken stone removed from the said street to make room for the said track and brick pavement is to be placed in and along said street next to the gutters in a manner satisfactory to the City Civil Engineer. This ordinance is likewise subject to all the terms, con- ditions and stipulation of a certain ordinance entitled ‘‘An ordinance relating to the use of electricity as a motive power by the Fort Wayne Street Railroad Company, passed by the Common Council of said city on the 23rd day of Feb- ruarv. 1892. 420 Sec. 3. The said company shall enter into a good and sufficient bond with said city in the penal sum of five thousand dollars ($5,000.00) for the faithful perform- ance of all the terms and conditions contained in this ordi- nance. Done at the Council Chamber in the City of Fort Wayne this ist day of July, 1892. * C. A. ZOLLINGER, Mayor. Attest : RUDY C. REINEWALD, City Clerk. Electric power. Removing tracks from Cass street. Pavement, extent of. Foundation. Subject to pre- vious ordinances. Bond. 290 LAWS AND ORDINANCES. Fort Wayne Electric Rail- way Com- pany, Lewis street, double track. Subject to pre vious ordi- nances. Pavement, ex- tent of. Repairs. Completed, when. AN ORDINANCE relating to the eonstruction and main- tenance of a double track street railroad on Lewis street, from Clinton street east to Walton avenue. 421 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, (two-thirds of all the members concurring) That consent, permission and authority are hereby granted and vested unto the Fort Wayne Electric Railway Company, its successors and assigns, to lay, con- struct, maintain and operate a double track street railroad on Lewis street, from Clinton street east to Walton avenue. 422 Sec. 2. This ordinance is made subject to all the provisions and restrictions of two certain ordinances heretofore granted to the Fort Wayne Street Railroad Com- pany, its successors and assigns, entitled “An ordinance re- lating to the use of certain streets therein named by the Fort Wayne Street Railway Company, of Fort Wayne, Indiana,” passed on the 24th day of June, 1890, being an ordinance relating to the construction and maintaining of a street railroad by said company on Clinton street and Lewis street, and also an ordinance entitled “An ordinance relating to the use of electricity as a motive power by the Fort Wayne .Street Railroad Company,” passed by the Com- mon Council of said city on the 23rd day of February, 1892, except as herein modified and changed. 423 Sec. 3. Said company shall at the time it lays and constructs said tracks, pave and maintain that part of said street between the outer rails of its said tracks with first class vitrified paving brick, upon a foundation of not less than six inches of broken stone and two inches of sand, and after the city has paved the balance of said street, and it becomes necessary to and the said city does again pave the balance of said street a second time the said company shall pave and maintain said portion thereof between the outer rails of said track, including that part between its tracks, with the same material that the balance of said street is then paved with. 424 Sec. 4. The said company shall have said double track completed and in operation by the first day of January, 1893. fort WAYNE electric RAILWAY CO. 291 425 Sec. 5. Said company shall enter into a good and sufficient bond with the said city in the penal sum of five thousand dollars ($5,000.00) for the faithful perform- ance of all the terms and conditions contained in this ordi- nance. Done at the Council Chamber in the City of Fort Wayne this 2nd day of September, 1892. C. A. ZOLLINGER, Mayor. Attest: RUDY C. REINEWALD, City Clerk. STREET RAILWAY ORDINANCE. AN ORDINANCE relating to the eonstruetion and niain- tenanee of a double traek street railroad on Broadway, from Main street to Washington street. 426 Sec. I. Be it ordained by the Common Couneil of the City of Fort Wayne (two-thirds of all the members concurring). That consent, permission and authority are hereby granted and vested unto the Eort Wayne Electric Railway Company, its successors and assigns, to lay, con- struct, maintain and operate a double track street railway on Broadway, from the center of Main street to the south line of Washington street. That said company, at the time it lays and constructs said track, pave and maintain that part of said streets be- tween the outer rails of its tracks with first class vitrified paving brick upon a concrete foundation, and after the city has paved the balance of said street, and it becomes neces- sary to again repave it, the said company shall pave and maintain said portion thereof between the outer rails of said tracks, including that part between its tracks, with the same material that the balance of said street is then paved with. And provided that the rails used in the constructing of said track shall be the modern improved T rail, and to be satisfactory to the Mayor and Civil Engineer. And provided, further. That in the crossing of any paved street said company shall restore the crossings outside the outer rails to as good repair as before making such crossings. Bond. Fort Wayne Electric Rail- way Com- pany, double track on Broadway. Kind of rails used. Crossings. 292 LAWS AND ORDINANCES. Conditions grant. Bond. of 427 Sec. 2. This ordinance is made subject to all the provisions and restrictions of two certain ordinances heretofore granted, one to the Citizens’ Street Railway Company, its successors and assigns, entitled “An ordinance relating to the use of Calhoun street by the Citizens’ Street Railway Company, of Fort Wayne, Indiana,” passed on the 14th day of December, 1886, being an ordinance in relation to the construction of a double track on Calhoun street, the other ordinance entitled “An ordinance relating to the use of electricity as a motive power by the Fort Wayne Street Railroad Company,” passed by the Common Council of said city on the 23rd day of February, 1892, -except as herein modified. modified and changed. 428 Sec. 3. The said company shall enter into a good and sufficient bond in the penal sum of one thousand dollars ($1,000.00) for the faithful performance of all the terms and conditions contained in this ordinance. 429 Sec. 4. This ordinance to be in full force and effect on and after its acceptance, provided the same is ac- cepted by said company within ten days after the passage thereof, otherwise to be null and void. 430 Sec. 5. Done at the Council Chamber of the City of Fort Wayne, this 13th day of June, 1893. C. A. ZOLLINGER, Mayor. Attest: RUDY C. REINEWALD, City Clerk. GENERAL ORDINANCE NO. 160. AN ORDINANCE confirming and approving a certain agreement and contract made and entered into February 27, /poo, by and between the City of Fort Wayne, through its Board of Public Works and J. H. Simon- son, Fouis J. Bobilya, Edward White, James M. McKay, John W. White, Asahel S. Cover dale, Christian C. Schlatter, William Geake, Franklin P. Wilt, William Kaough, Perry R. Smith, Henry S. Thayer and John D. Olds. 430-A Whereas, heretofore, to-wit, on February 27, INDIANA AND OHIO TRACTION CO. 293 1900, the Board of Public Works of the City of Fort Wayne, State of Indiana, on and in behalf of the City of Fort Wayne, entered into the following agreement and con- tract, namely : Whereas, heretofore, to-wit, on the 27th day of Feb- ruary, 1900, the City of Fort Wayne, by and through its Board of Public Works, entered into the following contract and agreement with the Indiana and Ohio Traction Com- pany, namely : Witnesseth : This agreement made and entered into this 27th day of February, 1900, by and between the City of Fort Wayne, of Allen County, Indiana, (hereinafter called the city) by and through its Board of Public Works, party of the first part, and James H. Simonson, Louis J. Bobilya, Edward White, James M. McKay, John W. White, Asahel S. Coverdale, Christian C. Schlatter, William Geake, Frank- lin P. Wilt, William Kaough, Perry R. Smith, Henry S. Thayer and John D. Olds, parties of the second part, wit- nesseth : 430-B I. That the party of the first part by and through its Board of Public Works aforesaid, 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 government of cities hav- ing a population of not less than thirty-five thousand (35,000) nor more than forty-nine thousand (49,000), ac- cording to the United State census last preceding, and mat- ters connected therewith, and declaring an emergency,’’ approved March 6, 1893, does hereby subject to the condi- tions herein expressed, authorize and empower the said com- pany, party of the second part, its successors and assigns, and by the terms of this contract consent, permission and authority are by the said company given and granted unto said company, party of the second part, from and after the approval and ratification of this contract by an ordinance of the Common Council of the city, subject to the conditions hereinafter prescribed and expressed, to lay and maintain a single track for an interurban street passenger railway line, with the right to haul light express, mail and passenger bag- Contract of city, Indiana & Ohio Traction Co. Extent of authority vested by contract. 294 LAWS AND ORDINANCES. Streets authorized to be used. Switches and curves authorized, where. gage in connection therewith, to be operated by electricity or other improved power to be approved by said Board, with all proper and convenient turnouts, switches, feed wires and poles which may be necessary for the successful operation of a street railway system in, along and upon the streets and avenues of said city hereafter named and described, and to use, maintain and operate the same, and to charge, demand and receive -from passengers, rates of fare as hereinafter provided, for and in consideration of and subject to the terms, conditions and limitations herein prescribed. On Lake avenue, from Walton avenue to the middle line of St. Joe boulevard. On St. Joe boulevard, from Lake avenue to the east end of the Maumee river bridge. On Maumee bridge, from the east end to the west end thereof. On Columbia street, from the west end of Maumee bridge to Harrison street. On Harrison street south to Pearl street. On Pearl street to Fulton street. On Fulton street to Brackenridge street. On Brackenridge street to Fairfield avenue. On Fairfield avenue to Taylor street. On Taylor street to Fox avenue. On Fox avenue to Grace avenue. On Grace avenue to Broadway. On Broadway to the east end of St. Mary’s river bridge. The streets and avenues herein named are intended to be streets and avenues heretofore and popularly known by the names herein mentioned, whether such names are in fact the legal designations of such streets and avenues or not. The routes and lines of street railway so located, as aforesaid, may be connected with suitable curves and switches, and feed wire lines may be erected along said route or elsewhere, subject in every case to the approval of the said Board of Public Works. In consideration of the rights and privileges herein and hereby granted to the said company, party of the second part, its successors and assigns, upon the considerations herein fixed and expressed, that the INDIANA AND OHIO TRACTION CO. 295 said company agrees and binds itself, its successors and assigns, to the following conditions, to-wit : 430-C 2 . It is agreed by and between the said parties that the said company, party of the second part, may charge and be entitled to receive the following rates of fare, and no more, for each passenger over the age of five years riding upon said company’s cars within the limits herein described, and who shall have paid cash fare, the sum of five cents. Such cash payment shall entitle such passenger to ride to the end of the line within the city on the car on which he has taken passage. Every passenger car run and operated by said company, party of the second part, on said lines, shall be provided with a conductor, who shall collect fares and attend to the comforts and convenience of the pas- sengers upon such car. Each of such conductors shall con- stantly have in their possession an ample and adequate supply of tickets, to be sold and delivered to all passengers desiring the same, and said company may charge and be entitled to receive for the same the following rates, and no more : Eor six of such tickets, twenty-five cents ($.25) ; for twenty-five of such tickets, one dollar ($1.00.) 430-D 3 The said company, party of the second part, its successors and assigns, shall build and maintain at some point along the line of its said railroad within the corporate limits of the city, a station for unloading and loading express, baggage and mail ; that said station shall be so located that the use of it by said company, its suc- cessors and assigns, will not interfere with the free use of the streets and avenues by the public ; that party of the first part reserves the absolute right at all times to fix and pro- ^dde such rules and regulations in the transfer and unloading of passengers, express, baggage and mail from the cars of said company as are necessary to insure the comfort, safety and convenience of the public. 430- E 4. The electric system used in the propulsion of said company’s cars shall be the overhead system now in use by other companies in the city, unless some other system shall be mutually agreed upon by and between the Board of Public Works and said company, its successors and as- Fare authorized to be charged. Conductors, duties of. Depot, where built. Overhead sys- tem for pro- pelling cars to be used. 296 LAWS AND ORDINANCES. Board of Safety, duties of. Street to pave and repair, extent of. Repairs, when made. Bridge, extent of repairs to be made. signs. The entire system used by said party of the second part and all the means, devices and apparatus used in the supply, application and use of its propelling power in all re- spects, which shall in any manner affect or endanger the safety of the public, shall at all times be kept open to the in- spection of and under the supervision of the Department of Public Safety of said city. As often as may be required by said Department of Public Safety, said party of the second part shall furnish to said department a statement, showing the amount of electro-motive power used and the strength, of current conveyed or used upon its wires, and said depart- ment shall at all times have the right to inspect and test the same, and order and require any such changes therein as may be necessary to insure, as far as possible, the safety of the public or to prevent damage to any property, and all damage to water pipes must be paid by said company, its successors and assigns. 430-F 5 The said company, party of the second part, its successors and assigns, shall pave the space between the rails, including the space between its tracks where there are switches, and for a distance of twelve inches on the out- side of the outside rails of its tracks, and shall make all necessary repairs in said space under specifications, both as to material and manner, as may be provided by the Board of Public Works, and shall repave the same when necessary and ordered by the said Board, and keep the same in repair, said- paving and repairing to be done under specifications, both as to material and manner, as may be provided by the said Board, under the supervision of the City Civil Engineer of said city, and said company, its successors and assigns, shall also keep in repair that yart of the floor of all bridges and culverts crossed by any of its tracks which is situated between the outer rails of said tracks, and for a distance of twelve inches on the outer side of such outer rails, and also the space between the tracks and switches where there are switches ; and in case of failure on the part of said company to make any such improvement and repairs as aforesaid, either to streets or avenues or bridges, as herein provided, upon reasonable notice by said Board, then the said Board ' of Public Works shall have the right to proceed to make any INDIANA AND OHIO TRACTION CO. 297 such improvements or repairs, and the cost of making the same shall be paid by said company, its successors and as- signs, to the city on demand, and the collection thereof en- forced as any other valid debt. And it is also agreed by and between said parties that the party of the second part shall at all times keep on deposit in the city treasury, to the credit of said Board of Public Works, the sum of one hundred and fifty dollars ($150.00), to be designated as an emergency fund. Whenever, in the opinion of said Board of Public Works, an emergency arises for the immediate repair of any dangerous defect found to exist in that part of any street, alley, avenue or public place required by this contract to be kept in repair by said company, and the said company has failed on notice to immediately repair the same, the said Board shall cause said repair to be made at once, and if said company shall not promptly pay the bill for the cost of such repairs, when made out and presented at the office of the said company in said city, then said Board may draw the amount of such bill from said emergency fund, which fund shall be reimbursed by said company without any delay and kept up to said amount of one hundred and fifty dollars ($150.00) aforesaid. This provision as to an emergency fund is in addition to all other provisions herein contained on the subject of re- pairing streets and is not intended to modify or change any other provisions or penalties of this contract concerning the same. 430-G 6. The said party of the second part agrees and binds itself, its successsors and assigns, to operate its interurban road over and along the streets and avenues herein designated in said city in such a manner as to render to the public at all times, first class and sufficient service. 430-H 7. That its motive power shall at all times be ample and of the approved kind ; that its cars shall be of the best and approved pattern and at all times kept clean, well ventilated, provided with comfortable seats for passengers, and heated with safe and convenient appliances whenever the weather is such that the comfort of the passengers shall require the same, and lighted at night with electricity or with some other equally sufficient light; that all such cars shall Cocts of re- pair, when made by city, how collected. Emergency fund. Passenger ser- vice, kind. Motive power, kind. 26 298 LAWS AND ORDINANCES. Cars, pur- poses for which used. Rails, kind to be used. Cars, how fre- quently run. Company to permit use of tracks by other com- panies, when. be kept in good repair and shall at all times be painted on the outside and decorated on the inside so as to present an attractive appearance, and shall be repainted and redeco- rated from time to time as may be necessary to maintain such appearance ; that cars used in the operation of said railroad shall be designated as express and passenger cars ; that the former are to be used exclusively for hauling light express, passenger baggage and United States mail, and the latter for hauling passengers and baggage, light ex- press and United States mail combined, provided that trains consisting of more than one car shall not be run over said franchise in said city, unless two are especially authorized by the Board of Public Works, upon petition of party of the second part, its successors and assigns ; that the tracks of said company shall at all times be kept in repair, provided with the most modern pattern of grooved or flange rails of sufficient size and weight and in such condition that pas- sengers riding in cars over the same will suflfer no discom- fiture or inconvenience by reason of such track or any part thereof being irregular or uneven, or in any wise insuf- ficient, and the right is reserved to the Board of Public Works of said city to order any needed repairs to said tracks or roadbeds, or cars, or appliances of said company, and party of the second part agrees to comply with such orders. It is also agreed by and between the parties hereto that the said company, party of the second part, at all times will run at least one car each hour over its said line within said city, between the hours of 5 a. m. and 12 p. m. of each day, unless by accident it becomes impossible to do so. 430-1 8. It is also agreed by and between the parties hereto that said company, party of the second part, its suc- cessors and assigns, shall permit the use of its tracks herein authorized to be laid and maintained by any city, interurban or suburban passenger railway companies, whenever the Board of Public Works and Common Council of said city, party of the first part, by contract approved by ordinance, shall authorize it, provided that such use shall be upon such conditions as the Common Council and Board of Public Works may prescribe. INDIANA AND OHIO TRACTION CO. 299 As compensation to said company, its successors and assip^’ns, for tlie use of its said railroad, and the poles and wires thereto helon^in|:(, by any such city, interurban or suburban railroad com])anies, receivinj:^ a franchise over the ri^ht-of-way of said second party, its successors and assigns, from the said City of h'ort Wayne, said company, its suc- cessors and assigns, i)arty of the second part, shall receive from each of said companies one-half the actual cost of con- struction of such ])art of said line of road as is used by such com])any within said city, d'hat the cost of maintain- ing streets and tracks in case of more than one person, com- pany or cor])oration using said tracks, shall be paid in equal parts by said parties. And provided, further, that if said party of the second part, its successors and assigns, cannot furnish power to propel the cars of such city, interurban or suburban pas- senger roads, then in that event the said ])assenger lines authorized by said lioard of Public Works and Common Council shall have a right to construct and maintain feed wires and poles of the said company, party of the second part, its successors and assigns, in said City of Fort Wayne, and the compensation for the use of the poles for the con- struction of such wires is to be fixed as provided for the use of tracks ; that the rails of said tracks on all streets and ave- nues, except on St. Joe boulevard, the Maumee river bridge and Columbia street, from the west end of said bridge to the east line of Calhoun street, which shall be located in such part of said streets as designated by the Board of Public Works and ap])roved by the Common Council, shall be placed in the middle of said streets and avenues, and in such man- ner that the outer rails will be equally distant from the curb of cither side of the streets and avenues, unless otherwise directed by the Board of Public Works ; thence upon an easy curve across Calhoun street and to the center of Colum- bia street; thence on the center line of Columbia street to the center of Harrison street. On St. Joe boulevard the track shall l)c laid on the westerly side of the street, the easterly rail to be placed twenty-five feet from the easterly curb of said street, until it approaches the Maumee river bridge, thence with an easy curve to tracks designated on Compensation for such use. When Com- pany cannot furnish power, proviso. Tracks, where laid. 300 LAWS AND ORDINANCES. Inside width of rails. Failure to re- pair track or street upon notice, penalty. said bridge. That the party of the first part reserves the right to require the said party of the second part, its suc- cessors and assigns, to remove its said tracks to any other part of said streets and avenues herein mentioned without any expense to said first party, and if upon written notice by said first party to the said second party, its successors and assigns, to make any such change, a refusal to do so shall authorize the work to be done by said first party, the cost of making the removal shall be paid by said company to the city on demand, and the collection thereof enforced as any other valid debt. 430-J 9 - It is further agreed that the inside distance between the rails shall not exceed four feet eight and one- half inches, commonly known as the standard guage ; that the poles used for the purpose of stringing the necessary wires used for the operation of said interurban street rail- way shall be iron on all streets and avenues herein men- tioned, from Tecumseh street to Taylor street and Fox ave- nue. In case the said company, party of the second part, its successors and assigns, should fail to comply with any of the foregoing agreements and stipulations concerning the motive power, kind of cars to be used, or painting, decora- tions, heating, lighting, rails or roadbed, or any other stip- ulation contained herein concerning the operation, mainte- nance or construction of its lines of said railway, and the Board of Public Works shall, by written notice served ot\ any officer of said company, require compliance with any such stipulation within a reasonable time therein fixed, and said company shall continue to fail and refuse, after any such period so fixed, to comply with any such provision, then said company shall forfeit to the city the sum of ten dollars ($10.00) for each and every day that it shall con- tinue to violate any such provision or stipulation, which sum may be collected in a suit on the bond hereinafter re- quired to be given by said company, or otherwise, as said Board of Public Works may elect : Provided, That nothing contained herein shall be construed as an attempt to in any wise abridge or restrict the power of the Common Council of said city to enact reasonable ordinances providing for the safetv, comfort and convenience of the public traveling on INDIANA. AND OHIO TRACTION CO. 301 lines of street railway in said city, also providing reasonable penalties for the violation thereof. 430- K lo. In further consideration of the grant herein and hereby made, and in part payment therefor, the said company, party of the second part, its successors and assigns, agrees and binds themselves to pay to the City of Fort Wayne, party of the first part, the following amount annually, during the life of this contract, without compensa- tion for the first five years, two hundred and fifty dollars ($250.00), for the second five years, and for the remainder of the term, five hundred dollars ($500.00) per year. 430-L II. It is agreed by and between the parties hereto that one of the principal considerations of this grant is the promise, agreement and undertaking of the party of the second part to build an interurban street railway line over and along the public highways of the country from Hicksville, Ohio, through the City of Fort Wayne, to Marion, Indiana, that before any rights or privileges, in the way of locating tracks or operating its said line in said city shall vest in said company, said company shall have con- structed that part of its intended line either from Hicksville to the limits of said city, or from the town of Marion to the limits of the city. 430-M 12. The said party of the second part further agrees and binds itself, its successors and assigns, to keep and hold said city free and harmless from all liability for any and all damages that may accrue to any person or per- sons on account of injury to either person or property growing out of the construction, improvement, maintenance and operation of said company’s cars and railway system, under this contract, and in case suit shall be filed against said city, either independently or jointly with said company, on account thereof, said company, on notice to it by said city, will defend said city against said action, and in the event of a judgment being obtained, either independently or jointly with said company, on account of the acts of the company aforesaid, the said company will pay said judg- ment, with all costs, and hold the city harmless therefrom. 430-N 13- All poles, wires and fixtures used in and about said street railway plant over and along the streets Compensation to city. To build inter- urban line, Marion to Hicksville, Ohio. Rights to vest in streets, when. City protected against liability. Actions against city, who defends. 302 LAWS AND ORDINANCES. Poles and wires, where and how erected and maintained. Track laid with grade of street. Failure to re- lay tracks by Company, power of Board of Works. and avenues herein mentioned shall be so placed and main- tained, by the said party of the second part, as not to inter- fere with the reasonable and proper use of the streets and avenues and shall be subject to the approval of the Board of Public Works. The tracks of said company, party of the second part, shall not be elevated above the surface of said streets and avenues of said city, and the same shall be laid and maintained so as to conform with the established grade of said streets or avenues, as they shall from time to time exist, and in such manner as to be no unnecessary impedi- ment to the ordinary use of such thoroughfares, and the passage of wagons, carriages and other vehicles upon or along such tracks at any point and in any and all directions ; with suitable bridges at all gutters so as to permit the free and uninterrupted flow of water in and along said gutters. The tracks and rails shall conform with the grades of the streets as now established or as may hereafter be estab- lished by the said city, and subject at all times tO' be taken up and relaid by the party of the second part, its successors and assigns, at its expense, whenever necessary for the pur- pose of regrading or paving or repairing said streets, con- structing sewers, laying or repairing of water or gas pipes, or any other public improvement. In case said rails or tracks shall not conform to the grade of the street as above provided, and the Board of Public Works shall notify the said company, party of the second part, thereof, and the said company, party of the second part, shall fail to do the necessary work of making such tracks and rails conform to any such grade within thirty days from the time of receiving said notice, then the Board of Public Works shall have the right to enter upon said tracks and make said repairs or im- provement, and charge the cost thereof to said party of the second part, and in case the said company, party of the second part, fails to pay said expense within thirty days after the said Board has rendered a bill therefor, then the said city shall have a right of action to recover such amount against the said party of the second part, and the said com- pany, its successors and assigns, shall be liable upon its bond, which is hereinafter provided for, for any such amount. And in case of such failure to pay any such bill and suit is INDIANA AND OHIO TRACTION CO. 303 brought to recover the same, either on said bond or other- wise, then the said city shall be entitled to recover, in addi- tion to the amount of the cost of said repair and improve- ment, reasonable attorney fees : Provided, however. That such notice shall not be given at times of year unsuitable for the doing of the work required, unless the condition of such track is such as to endanger the safety of passengers. Should it be necessary in the prosecution of any public work to temporarily stop the operation of cars, it may be done by order of the Board of Public Works, and in such case the party of the first part shall be held free from all claims for damages by reason of delay to the business or traffic of said party of the second part. But said party of the second part shall be required to operate its lines of street railway con- tinuously, unless prevented by so doing by act of God, acci- dents or other causes that cannot be reasonably prevented. 430-0 14. The said company, party of the second part, shall at all times so regulate the running of its cars as not to impede or obstruct public travel at intersections of streets, alleys and avenues of said city, and its cars shall be stopped clear of cross streets. It is also agreed, in addition to any other penalties and forfeitures herein fixed and prescribed, that if the said com- pany, party of the second part, its successors and assigns,- should habitually, continually or continuously violate any of the provisions of this contract, or of the ordinance approv- ing the same, or such other ordinance as may be passed by the Common Council of said city, then said company, its successors and assigns, shall forfeit all its rights, title and interest in or to the use and occupancy of the streets, alleys, avenues and highways of said city for street railroad pur- poses, and its contract and franchises for the same shall be at an end subject to forfeiture. It is also agreed by and between said parties that any improvement undertaken by or in the name of said city, or by any contractor for and with said city for the improve- ment of any street, alley, avenue, sidewalk or crossing, or for the construction of any sewer or drain or other public work, shall not be impeded by said company, party of the second part, its agents or employes, but said company, party Regulations of cars, how. Violation of conditions of franchise, penalty. Company not to impede public im- provements. 304 LAWS AND ORDINANCES. Term of franchise. To vacate streets at end 50 years. Bond of Company. of the second part, shall do all in its power to advance such improvement by the moving of its tracks and poles and relaying and replacing the same, when it becomes necessary, at its own cost, as hereinafter provided. The said party of the first part shall protect the said company, party of the second part, as much as possible, by seeing that the con- tractor for any such public work does not intentionally, negligently or maliciously delay the same to the detriment of the said company, party of the second part. 430-P 15 It is further agreed by and between the parties to this contract that all the rights hereby granted to the said company, party of the second part, to maintain and operate its interurban street railway line or any part thereof in said city, shall continue for a period of fifty years from the taking effect of this contract, and all terms, conditions and covenants of this contract shall be binding and con- clusive for that period on both the parties hereto; but all such rights, conditions and covenants are hereby expressly limited to said period of fifty years, which period shall begin on the taking effect of this contract and end fifty years there- from. This limitation of time is agreed to be one of the chief considerations for the grant hereby made, and the said party of the second part, recognizing 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 ex- piration of said period it will peaceably yield possession of every part of every street and avenue in said city then occu- pied by its lines of street railway, and cease the operation of its said railway plant and every part thereof, and from thence forward will make no claim of any kind to exercise any right whatever under the grant herein made or under any charter or corporate rights, and any rights which might be claimed by said company, party of the second part, or its successors or assigns, to hold beyond said period of time under the statute under which it was incorporated. 430-Q 16. The said company, party of the second part, before exercising any of the rights and privileges hereby granted, shall execute to the City of Fort Wayne a good and sufficient bond in the sum of ten thousand dollars / ' f ■t’ • w :y .#1 - \ \ '-S, i . 'r ■ - 4 INDIANA AND OHIO TRACTION CO. 305 ($10,000.00), with good and sufficient sureties, to be ap- proved by the said Board of Public Works, conditioned that the party of the second part, its successors and assigns, shall faithfully carry out and perform each and every agree- ment herein contained, and shall well and truly pay to said city all penalties, forfeitures and other sums of money which under the terms of the contract it may become liable to said city, and said bond shall be renewed from time to time dur- ing said period on the demand of the said Board of Public Works of said city whenever, in the opinion of the Board of Public Works, said bond has become insufficient for any reason whatever, or whenever by the insufficiency of the accumulation of unpaid penalties, forfeitures, judgment or other claims against said company, in favor of said city, the said Board deems such renewal necessary. And in case the said company, its successors and assigns, party of the second part, shall on the reasonable demand of said Board fail or refuse to renew such bond or furnish such additional security thereon as may be required, then its. rights under this contract shall cease, and the franchise herein granted be forfeited, which forfeiture may be en- forced in any court of competent jurisdiction. It is further agreed by and between the parties to this contract that the express and mail cars used under this franchise shall be of the same size and construction as a passenger car, except as to windows and inside finish. That on all streets and avenues herein authorized to be used, which are paved before such tracks are laid, the ties shall be laid upon a six-inch bed of concrete extending to the ends of the ties, and thereafter, whenever the streets on any part of the line of said railway shall be paved, a like bed of con- crete shall be placed under the ties for such distance as the said streets or avenues mav be paved. 430 -R 17 It is further agreed by and between said parties that said interurban railroad line is to be completed between the towns of Hicksville, Ohio, and Huntington, Indiana, through Fort Wayne, within eighteen months after the approval of this contract by the Council, or else all rights and privileges under the same is forfeited. 340 -S 18. It is further agreed by and between the Bond, when renewed. Failure to re- new, penalty. Cars, kind. Concrete, where and how used under track. Time within which road is to be com- pleted. 306 LAWS AND ORDINANCES. City reserves special rights When Indiana & Ohio Trac- tion takes second place. Organization committee. parties to this contract, their successors and assigns, that the said party of the first part herein reserves the absolute right to grant to any person, company or corporation, a franchise for the purpose of constructing a city interurban or subur- ban railroad over the identical same right-of-way herein granted, or any part thereof, at any time prior to the actual occupancy of the same by second party, as authorized by Section ii of this ordinance, conditioned, however, that said second party, in case of such grant, shall have the right to use such right-of-way upon the terms and conditions as to compensation as are provided for in Section 8 of this franchise when used by second and third parties ; and upon the further conditions that said second party will construct and maintain its said interurban line between the points in the manner and within the time in this ordinance provided, and when so built, that it will operate and maintain the same in accordance and in strict compliance with all the provisions of this ordinance. In testimony whereof, we have hereunto set our hands and seals this 21st day of May, 1900. J. H. SIMONSON, LOUIS J. BOBILYA, EDWARD WHITE, JAMES M. M’KAY, JOHN W. WHITE, A. S. COVERDALE, C. C. SCHLATTER, WILLIAM GEAKE, E. P. WILT, WILLIAM KAOUGH, PERRY R. SMITH, By JOHN D. OLDS, Attorney in Eact. HENRY S. THAYER, By JOHN D. OLDS, Attorney in Eact. JOHN D. OLDS. FOKT WAYNE AND SOUTHWESTEKN TRACTION CO. 307 , PETER EGGEMANN, P. H. KANE, J. K. M’CRACKEN, Board of Public Works. Attest: A. M. SCHMIDT, Clerk. [Approved Alay 21, 1900.] 430-T Sec. I. Be it ordained by the Conn non Coun- eil of the City of Fort Wayne, Indiana, That the contract and agreement, heretofore, to-wit, on Eebruary 27, 1900, made and entered into by the City of Port Wayne, by and through its Board of Public Works of the city and the Indiana and Ohio Traction Company, by and through its Organization Committee, as fully set out in the preamble hereto, be and the same is hereby, in all things, confirmed and approved. 430-U Sec. 2. This ordinance shall take effect and be in force from and after its passage and approval by the Mayor. [Approved June 30, 1900.] Ordinance Record i, page 401. GENERAL ORDINANCE NO. 168. AN ORDINANCE eonfirniing and approznng a eertain agreement and eontraet, made and entered into this 2^11 day of November, 1900, by and betzueen the City of Fort Wayne, through its Board of Piiblie Works, and George Tozvnsend, William S. Reed and Charles C. Miller. 430 1-2-A Whereas, heretofore, to-wit, on Novem- ber 27, 1900, the Board of Public Works of the City of Port Wayne, State of Indiana, on and in behalf of the City of Fort Wayne, entered into the following agreement and con- tract, viz : Whereas, heretofore, to-wit, on the 27th day of Novem- ber, 1900, the City of Fort Wayne, by and through its Board of Public Works, entered into the following contract and agreement with George Townsend, William S. Reed and Charles C. Miller, viz : This agreement, made and entered into this 27th day Approval of contract, In- diana & Ohio T raction Company. ■308 LAWS AND ORDINANCES. Contract of city, Wm. S. Reed et al. Extent of authority vested by contract. Streets authorized to be used. of November, 1900, by and between the City of Fort Wayne, Allen County, Indiana, (hereinafter called the city) by and through its Board of Public Works, party of the first part, and George Townsend, William S. Reed and Charles C. Miller, parties of the second part, witnesseth : 430 1-2-B I. d hat the party of the first part, by and through its Board of Public Works aforesaid, 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 government of cities hav- ing a population of not less than thirty-five thousand (35,000) nor more than forty-nine thonsand (49,000), ac- cording to the Ghiited States census last preceding, and matters connected therewith, and declaring an emergency,” approved March 6, 1893, does hereby subject to the condi- tions herein expressed, authorize and empower the said parties of the second part, their successors and assigns, and by the terms of this contract consent, permission and author- ity are by the said city given and granted unto said parties of the second part, their successors and assigns, from and after the approval and ratification of this contract by an ordinance of the Common Council of the city, subject to the conditions hereinafter prescribed and expressed, to lay and maintain a single track for an interurban street passenger railway line, with the right to haul light express, mail and passenger baggage in connection therewith, to be operated by electricity or other improved power to be approved by said Board, with all proper and convenient turnouts, switches, feed wires and poles which may be necessary for the successful operation of a street railway system in, along and upon the streets and avenues of said city hereafter named and described, and to use, maintain and operate the same, and to charge, demand and receive from passengers, rates of fare as hereinafter provided, for and in consider- ation of and subject to the terms, conditions and limitations herein prescribed. On Lavina avenue, from south line of Hall avenue ex- tended to north line of Taylor street extended. On Taylor street, from city limits to east line of Fair- field avenue. FORT WAYNK AND SOUTHWESTERN TRACTION CO. 309 On Fairfield avenue, from south line of Taylor street extended north to north line of Brackenridge street. On Brackenridge street, from east line of Fairfield avenue extended to west line of Fulton street extended. On Fulton street, from south line of Brackenridge street to north line of Pearl street extended. On Pearl street, from west line of Fulton street ex- tended to east line of Ffarrison street. On Harrison street, from north line of Pearl street ex- tended to south line of Columbia street extended. On Columbia street, from west line of Harrison street to center of Calhoun street, and to connection with tracks of other traction companies having tracks on Calhoun or Columbia streets, east of center of Calhoun street. The streets and avenues herein named are intended to be street and avenues heretofore and popularly known by the names herein mentioned, whether such names are in fact the legal designations of such streets and avenues or not. The routes and lines of street railway so located as aforesaid may be connected with suitable curves and switches and feed wire lines may be erected along said route or else- where, subject in every case to the approval of the Board of Public Works. In consideration of the rights and privileges herein and hereby granted to. the said parties of the second part, their successors and assigns, upon the considerations herein fixed and expressed, that the said parties of the second part agree and bind themselves, their successors and assigns, to the fol- lowing conditions, to-wit : 430 1-2-C 2. It is agreed by and between the said parties that the said parties of the second part, their suc- cessors and assigns, may charge and be entitled to receive the following rates of fare and no more for each passenger over the age of five years riding upon said cars within the limits herein described, and who shall have paid cash fare, the sum of five cents. Such cash payment shall entitle such passenger to ride to the end of the line within the city on the car on which he has taken passage. Every passenger car •run and operated by said parties of the second part, their successors and assigns, on said line, shall be provided with Switches and curves authorized, Conditions. Fares author- ized to be charged. 310 LAWS AND ORDINANCES. Conductors, duties of. Depot, where built. Overhead sys- tem for propelling cars to be used. Board of Safety, authority, duties of in connection with motor power. a conductor, who shall collect fares and attend to the com- forts and convenience of the passengers upon such car. Each of such conductors shall constantly have in his pos- session an ample and adequate supply of tickets, to be sold and delivered to all passengers desiring the same, and said parties of the second part may charge and be entitled to re- ceive for the same the following rates and no more: For six of such tickets, twenty-five cents ($.25) ; for twenty- five of such tickets, one dollar ($1.00.) 430 1-2-D 3. The said parties of the second part, their successors and assigns, shall build and maintain at some point along the line of their said railroad within the corporate limits of the city a station for loading and un- loading express, baggage and mail ; that said station shall be so located that the use of it by said second parties, their successors and assigns, will not interfere with the free use of the streets and avenues by the public ; that party of the first part reserves the absolute right at all times to fix and provide such rules and regulations in the transfer and un- loading of passengers, express, baggage and mail from the cars of said second party, their successors and assigns, as are necessary to insure the comfort, safety and convenience of the public. 430 1-2-E 4- The electric system used in the pro- pulsion of said cars shall be the overhead system now in use by other companies in the city, unless some other system shall be mutually agreed upon by and between the Board of Public Works and said second parties, their successors and assigns. The entire system used by said party of the second part, and all the means, devices and apparatus used in the supply, application and use of its propelling power in all respects, which shall in any manner affect or endanger the safety of the public, shall at all times be kept open to the inspection of and under the supervision of the Depart- ment of Public Safety of said city. As often as may be re- quired by said Department of Public Safety, said party of the second part shall furnish to said department a statement showing the amount of electro-motive power used and the strength of current conveyed or used upon its wires; and said department shall at all times have the right to inspect FORT WAYNF AND SOTTHWKSTKRN TRACTION CO. 311 and test the same, and order and require any such changes therein as may be necessary to insure as far as possible the safety of the public or to prevent damage to any property, and all damage to water pipes must be paid by said second parties, their successors and assigns. 430 1-2-F 5- The said parties of the second part, their successors and assigns, shall pave the space between all rails, including the space between their tracks where there are switches, and for a distance of twelve inches on the outside of the outside rails of their tracks, and shall make all necessary repairs in said space under specifications, both as to material and manner, as may be provided by the Board of Public Works, and shall repave the same when necessary and ordered by the said Board, and keep the same in repair, said paving and repairing to be done under speci- fications, both as to material and manner, as may be provided by the said Board, under the supervision of the City Civil Engineer of said city, it being understood and agreed, how- ever, that said second parties, their successors and assigns, shall not be required to pave, repave or maintain the por- tion of the street hereinbefore provided with any different material or in any different manner than shall be required to be paved, repaved and maintained, as to other portions of the street where such paving, repaving and maintenance is herein required. And said parties of the second part, their successors and assigns, shall also keep in repair that part of the floor of all bridges and culverts crossed by any of their tracks which is situated between the outer rails of said tracks, and for a distance of twelve inches on the outer side of such outer rails, and also the space between the tracks and switches where there are switches ; and in case of failure on the part of said second parties, their succes- sors and assigns, to make any such improvement and repairs as aforesaid, either to streets or avenues or bridges, as herein provided, upon reasonable notice by said Board, then the said Board of Public Works shall have the right to pro- ceed to make any such improvements or repairs, and the cost of making the same shall be paid by said parties of the second part, their successors and assigns, to the city on demand, and the collection thereof enforced as any other Streets to pave, extent' of. Streets to re- pair, when. Bridges, ex- tent of repairs to be made. 27 312 LAWS AND ORDINANCES. Costs of re- pairs of sreets, when made by city, how collected. Emergency fund. Fund, how ex- pended. Passenger ser- vice, kind. Motive power, kind. valid debt. And it is also agreed by and between said parties that the parties of the second part, their successors and assigns, shall at all times keep on deposit in the city treas- ury, to the credit of said Board of Public Works, the sum of one hundred and fifty dollars ($150.00) to be designated as an emergency fund. Whenever, in the opinion of the Board of Public Works, an emergency arises for the imme- diate repair of any dangerous defect found to exist in that part of any street, alley, avenue or public place required by this contract to be kept in repair by said parties of the second part, and the said parties of the second part have failed on notice to immediately repair the same, the said Board shall cause said repair to be made at once, and if the said parties of the second part shall not promptly pay the bill for the cost of such repairs, when made out and pre- sented at the office of the said parties of the second part in said city, then said Board may draw the amount of such bill from the said emergency fund, which fund shall be re- imbursed by said parties of the second part without any de- lay and kept up to said amount of one hundred and fifty dollars ($150.00) aforesaid. This provision as to an emergency fund is in addition to all other provisions herein contained on the subject of repairing streets and is not intended to modify or change any other provisions or penalties of this contract concern- ing the same. 430 1-2-G 6. The said parties of the second part agree and bind themselves, their successors and assigns, to operate their interurban road over and along the streets and avenues herein designated in said city in such a manner as to render to the public at all times first-class and suf- ficient service. 430 1-2-H 7 That the motive power shall at all times be ample and of the approved kind ; that the cars shall be of the best and approved pattern and at all times kept clean, well ventilated, provided with comfortable seats for passengers, and heated with safe and convenient appli- ances whenever the weather is such that the comfort of the passengers shall require the same, and lighted at night with 1 FORT WAYNE AND SOUTHWESTERN TRACTION CO. 313 electricity or with some other equally sufficient light; that all such cars shall be kept in good repair, and shall at all times be painted on the outside and decorated on the inside so as to present an attractive appearance, and shall be re- painted and redecorated from time to time as may be neces- sary to maintain such appearance; that cars used in the operation of said railroad shall be designated as express and passenger cars ; that the former are to be used ex- clusively for hauling light express, passenger baggage and United States mail, the latter for hauling passengers and baggage, light express and United States mail combined : Provided, That trains consisting of more than one car shall hot be run over said franchise in said city, unless two are especially authorized by the Board of Public Works, upon petition of the parties of the second part, their successors and assigns ; that the tracks of said parties of the second part shall at all times be kept in repair, provided with the most modern pattern of ‘‘T” or flange rails- of sufficient size and weight, and in such condition that passengers riding in cars over the same will suffer no unnecessary dis- comfort or inconvenience by reason of such track or any part thereof being irregular or uneven, or in any wise in- sufficient, and the right is reserved to the Board of Public Works of said city to order any needed repairs to said tracks or roadbeds or cars, or appliances of said parties of the second part, and said parties of the second part agree to comply with such order, that flange rails shall be laid and maintained on all streets now paved, also all other streets on which pavements may be laid hereafter. It is also agreed by and between the parties hereto that the said parties of the second part, their successors and assigns, will at all times run at least one car each hour over its said line within said city, between the hours of 5 o’clock A. M. and 12 o’clock p. m., of each and every day, unless by accident it becomes impossible to do so. 430 1 - 2-1 8. It is also agreed by and between the parties to this contract that the said parties of the second part, their successors' and assigns, shall permit the tracks, poles and wires herein authorized to be laid and maintained. Cars, decora- tion. Cars, purposes for which used. Rails, kind to be used. Cars, how frequently run. Tracks, authorized to be used by other parties, when. 314 I.AWS AND ORDINANCES. Compensation for use of tracks, amount. to be used by any interurban or suburban railway company, carrying passengers, baggage, light express and United States mail, whenever the Board of Public Works and Com- mon Council of said city, party of the first part, by contract approved by ordinance, shall have granted, authorized and permitted any such company to operate any such railroad over and along the tracks of said second parties, their suc- cessors and assigns. As compensation in the way of rental to said parties of the second part, their successors and assigns, for the use of their said railroad and the wires and poles thereto belong- ing, by any such interurban or suburban railway company receiving a franchise over the right of way of any portion thereof, as authorized in Section i8, said second parties, their successors and assigns, shall receive from each of said companies, so authorized by said first party, one-half of the actual cost of original construction of said part of said road as is used by any such company within the corporate limits of the city, which cost of construction shall include the cost of the first pavement hereafter ordered by the Board of Public Works, on any of said streets so occupied, for the purpose of an interurban or suburban business ; also that any company or companies so authorized by the Board of Public Works and the Common Council to run their cars over the tracks of said second parties, their successors and assigns, shall, from and after occupancy of the same, pay an equal amount of the cost of maintenance, repairs, taxes and assess- ments of the part so used and occupied, and also of the cost of removing the tracks, poles and wires of said second party to another part of the streets occupied, if ordered to be done by the Board of Public Works and Common Council, as hereinafter provided, and also a reasonable sum for pro- pelling cars. Provided, however, that if power is furnished to any such company or companies by said second parties, their suc- cessors and assigns, for a stipulated price, then in that case the cost of constructing and maintaining poles and wires shall not be included in the item of rental expenses of sai 1 second party. FORT WAYNE AND SOTUHWESTERN TRACTION CO. 315 And provided, further, that such expenses shall not in- clude the annual franchise tax collected by said first party, or any other expense growing out of any obligation of said second party that relates alone to the cars, building of depots or any regulation thereof. The said interurban or suburban railway companies so authorized to operate cars over and along the tracks of said second ])arties or any part thereof, as herein provided, shall pay the charges for the use thereof as follows: One-half of the cost of the original construction of such part of the road of said second parties, their successors and assigns, as is authorized to be used, to be ])aid for in cash, such payment to be a condition precedent to the taking possession of such part of said road authorized by the said Board of Public Works and the Common Council. Provided, however, that if said second parties, and the company to which said grant is made, do not agree to the original cost of construction of such part of the road as is to be used within thirty .days from the granting of the right to use such part of said road, then such use shall be permitted for such an amount as shall be fixed and determined as one- half of the original cost of the construction of the same, in an action instituted by either of said parties in the Allen Circuit court of Allen County, in the State of Indiana, and pending such controversy or suit, such suburban or inter- urban company shall have the right to use the tracks author- ized by the Board of Public Works and the Common Coun- cil, upon executing a bond in such an amount and with such security as shall be approved by said court, conditioned for the payment of said second parties, their successors and assigns, of the amount determined upon final judgment rendered in said court as being one-half of the original cost of construction of such part of the said road occupied and used, including therein one-half the original cost of first pavement that may have been made by said second parties, their successors and assigns, over and along such part : that payment of one-half the accruing costs and expenses grow- ing out of repairs and maintenance, as herein provided, shall be promptly paid at the end of each month. Franchise tax not included in maintain- ance fund. Persons using tracks, com- pensation, when paid. If compensa- tion cannot be agreed, how deter- mined. 316 LAWS AND ORDINANCES. Default of pay- ment, penalty. Removal of tracks can be required by city. Cost of, how paid. Distance be- tween rails of tracks. Poles, kind required. If any such interurban or suburban railroad company as may be hereafter authorized, as herein provided, to use the tracks of the railroad of the parties of the second part, their successors and assigns, shall be in default for a period of ninety days in making any payment herein provided, then their right to use the tracks of the parties of the second part, their successors and assigns, shall cease. And, provided, further, that if said parties of the second part, their successors and assigns, cannot furnish power to propel the cars of such interurban or suburban roads, or they may be unable to agree on the reasonable cost of such power, then, in that event, the said interurban or suburban lines, so authorized by said Board of Public Works and the Common Council, shall have the right to construct and maintain feed and trolley wires on the poles of said parties of the second part, their successors and assigns, in said City of Fort Wayne, and the compensation for the use of the poles for the construction and maintenance of said wires be, as liereinafter provided, for the use of the tracks. The party of the first part reserves the right to require the said parties of the second part, their successors and as- signs, to remove their said tracks to any part of said streets and avnues hereinbefore mentioned without any expense of said first party, and upon written notice by said first party to said second parties, their successors and assigns, to make such changes, a refusal so to do shall authorize the work to be done by said first party, and the cost of making the removal shall be paid by said parties of the second part, their successors and assigns, to the city on demand, and the collection thereof enforced as any other valid debt and attor- ney fees. 430 1-2-J 9 It is further agreed that the inside distance between the rails shall not exceed four feet eighr and one-half inches, commonly known as the standard guage ; that the poles used for the purpose of stringing the necessary wires used for the operation of said interurban street railway shall be iron on all streets and avenues herein mentioned, from Calhoun street to city limits, on Taylor street. In case the said parties of the second part, their sue- FORT WAYx\K x-\ND SOUTHWESTERN TRACTION CO. 317 cessors and assigns, should fail to comply with any of the foregoing agreements and stipulations concerning the mo- tive power, kind of cars to be used, or painting, decorations, heating, lighting, rails or roadbed, or any other stipulation contained herein concerning the operation, maintenance or construction of their line of said railway, and the Board of Public Works shall, by written notice served on any one of said parties of the second part, or upon their successors and assigns (if service shall be made upon a corporation such notice shall be served upon an officer of the same), require compliance with any such stipulation within a reasonable time therein fixed, and said second parties, their successors and assigns, shall continue to fail and refuse, after any such period so fixed, to comply with any such pro- visions, then said second parties, their successors and as- signs, shall forfeit to the city the sum of ten dollars ($10.00) for each and every day that it shall continue to violate any such provision or stipulation, which sum may be collected in a suit on the bond hereinafter required to be given by said parties of the second part, or otherwise, as said Board of Public Works may elect : Provided, That nothing contained herein shall be construed as an attempt to in any wise abridge or restrict the power of the Common Council of said city to enact reasonable ordinances providing for the safety, comfort and convenience of the public traveling on lines of street railway in said city, also providing reason- able penalties for the violation thereof. 430 1-2-K 10. In further consideration of the grant herein and hereby made, and in part payment therefor, the said parties of the second part, their successors and assigns, agree and bind themselves to pay to the City of Fort Wayne, party of the first part, the following amount annually, dur- ing the life of the contract: Without compensation for the first five years; two hundred and fifty dollars ($250.00) annually for the second five years, and for the remainder of the term, five hundred dollars ($500.00) per year. 430 1-2-L II. It is agreed by and between the par- ties hereto that one of the principal considerations for the grant is the promise, agreement and undertaking of the Failure to re- pair street upon notice, penalty. Compensation to city. To build an in- terurban line from Fort Wayne to H untington. 318 LAWS AND ORDINANCES. Failure to, penalty. City protected against liabil- ity, how. Suits against city, who de- fends. Poles and wires, where and how erected and maintained. parties of the second part, their successors and assigns, to build an interurban line from the City of Fort Wayne, Indiana, to the City of Huntington, Huntington County, In- diana, and that all rights and privileges granted herein by party of the first part to parties of the second part, their successors and assigns, shall forfeit, terminate and this con- tract become null and void if the parties of the second part, their successors and assigns, shall not have constructed and in operation such railroad from Fort Wayne to said City of Huntington on the first day of January, 1902, unless, on account of acts of Providence, litigation or from unavoid- able delay, in which event the Board of Public Works of said city may grant a reasonable extension of time, ‘'pro- vided that the same is approved by the Common Council.’^ 430 1-2-M 12. The said parties of the second part further agree and bind themselves, their successors and as- signs, to keep and hold said city free and harmless from all liability for any and all damages that may accrue to any per- son or persons on account of injury to either person or property, growing out of the construction, improvement, maintenance and operation of said second parties’ cars, their successors and assigns’ cars and railway system, under this contract, and in case suit shall be filed against said city, either independently or jointly, with said parties of the second part, on account thereof, said parties of the second part, upon notice to it by said city, will defend said city against said action, and in the event of a judgment being obtained, either independently or jointly with said parties of the second part aforesaid, the said parties of the second part will pay said judgment, with all costs, and hold the city harmless therefrom. 430 1-2-N 13 y\ll poles, wires and fixtures used in and about said street railway plant, over and along the streets and avenues herein mentioned, shall be so placed and maintained liy the said parties of the second part, their suc- cessors and assigns, as not to interfere with the reasonable and proper use of the streets and avenues, and shall be sub- ject to the approval of the Board of Public Works. The tracks of said parties of the second part, their successors FORT WAYNE AND SOUTHWESTERN TRACTION CO. 319 and assigns, shall not be elevated above the level of said streets and avenues of said city, and the same shall be laid and maintained so as to conform with the established grade of said streets and avenues as they shall from time to time exist, and in such manner as to be no unnecessary impedi- ment to the ordinary use of such thoroughfare, and the passage of wagons, carriages and other vehicles upon or along such tracks at any point and in any and all directions, with suitable bridges at all gutters, so as to permit the free and uninterrupted flow of water in and along said gutters. The tracks and rails shall conform with the grades of the streets as now established or as may hereafter be estab- lished by the said city, and subject at all times to be taken up and relaid by the party of the second part, their suc- cessors and assigns, at their expense, whenever necessary, for the purpose of regrading or paving or repairing said streets, constructing sewers, laying or repairing water or gas pipes or any other public improvement. In case said rails or track shall not conform to the grade of the street as above provided, and the Board of Public Works shall notify the said parties of the second part thereof, and the parties of the second part shall fail to do the necessary work of making such tracks and rails conform to any such grade within thirty days from the time of receiving said notice, then the Board of Public Works shall have the right to enter upon said tracks and make said repairs or improve- ments, and charge the cost thereof to said parties of the second part ; and in case the said parties of the second part fail to pay said expense within thirty days after the said Board has rendered a bill therefor, then the said city shall have a right of action to recover such amount against the said parties of the second part, and the said parties of the second part, their successors and assigns, shall be liable upon the bond, which is hereinafter provided for, for any such amount. And in case of such failure to pay any such bill, and suit is brought to recover the same, either on said bond or otherwise, then the said city shall be entitled to recover, in addition to the amount of the cost of said repair or improvement, reasonable attorney fees : Provided, how- Track laid with grade of street. Failure to relay tracks by grantees, authority of Board of Works. 320 LAWS AND ORDINANCES. ever, that such notice shall not be given at time of year un- suitable for the doing of the work required, unless the condition of such track is such as to endanger the safety of passengers. Should it be necessary in the prosecution of any public work to temporarily stop the operation of cars, it may be done by order of the Board of Public Works, and in such case the party of the first part shall be held fret from all claims for damages by reason of delay to the busi- ness or traffic of said parties of the second part. But said parties of the second part shall be required to operate their lines of street railway continuously, unless prevented from so doing by act of God, accidents or other causes that can- not be reasonably prevented. Regulations of cars, how. Violations of conditions of franchise, penalty. Grantees not to impede public im- provements. 430 1 - 2-0 14. The said parties of the second part shall at all times so regulate the running of their cars as not to impede or obstruct public travel at intersections of streets, alleys and avenues of said city, and their cars shall be stopped clear of cross streets. It is also agreed in addition to any other penalties and forfeitures herein fixed and prescribed that if the said parties of the second part, their successors and assigns, shall habi- tually, continually or continuously violate any of the pro- visions of this contract, or of the ordinance approving the same, or such other ordinances as may be passed by the Common Council of said city, then said parties of the second part, their successors and assigns, shall forfeit all their rights, title and interest in or to the use or occupancy of the streets, avenues, alleys and highways of said city for street railroad purposes, and their contract and franchise for the same shall be at an end and subject to forfeiture. It is also agreed by and between said parties that any improvement undertaken by or in the name of said city, or by any contractor for and with said city for the improve- ment of any street,,, alley, avenue, sidewalk or crossing, or for the construction of any sewer or drain or other public work, shall not be impeded by said parties of the second part, their agents or employes ; but said parties of the second part shall do all in their power to advance such im- provement by the moving of their tracks and poles and I FORT WAYNE AND SOUTHWESTERN TRACTION CO. 321 relaying and placing the same, when it becomes necessary, at their own cost, as hereinbefore provided. The said party of the first part shall protect the said parties of the second part as much as possible, by seeing that the contractor for any such public work does not intentionally, negligently or maliciously delay the same to the detriment of the said parties of the second part. 430 1-2-P 15. It is further agreed by and between the parties to this contract that all the rights hereby granted to the said parties of the second part, to maintain and operate an interurban street railway line or any part thereof in said city, shall continue for a period of fifty years from the taking effect of this contract, and all terms, conditions and covenants of this contract shall be binding and con- clusive for that period on both parties hereto ; but all such rights, conditions and covenants are hereby expressly lim- ited to said period of fifty years, which period shall begin on the taking effect of this contract and end fifty years therefrom. This limitation of time is agreed to be one of the chief considerations for the grant hereby made, and the said par- ties of the second part, recognizing and conceding that such limitation of time as herein expressed is one of the essential and governing conditions of the contract, do hereby bind themselves, their successors and assigns, that at the expiration of said period it will peaceably yield possession of every part of every street and avenue in said city then occupied by their lines of street railway, and cease the opera- tion of the said railway plant and every part thereof, and from thenceforward will make no claim of any kind to ex- ercise any right whatever under the grant herein made or under any charter or corporate rights, and any rights which might be claimed by said parties of the second part, or their successors or assigns, to hold beyond said period of time under the statute under which it was incorporated. 430 1-2-Q 16. The said parties of the second part, before exercising any of the rights and privileges hereby granted, shall execute to the City of Fort Wayne a good and sufficient bond in the sum of ten thousand dollars ($10,000.00), with good and sufficient sureties to be ap- I erm of franchise. T o vacate streets at end of term. Bond of grantee. 322 LAWS AND ORDINANCKS. Bond, when renewed. Failure to re- new, penalty. Cars, kind. Concrete, where and how used under tracks. Time within which road to be completed. proved by the said Board of Public Works, conditioned that the parties of the second part, their successors and assigns, shall faithfully carry out and perform each and every agree- ment herein contained, and shall well and truly pay to said city all penalties, forfeitures and other sums of money which, under the terms of the contract, they may become liable to said city, and said bond shall be renewed from time to time during said period on the demand of the said Board of Public Works of said city, whenever in the opinion of the Board of Public Works said bond has become in- sufficient for any reason whatever, or whenever, by the accumulation of unpaid penalties, forfeitures, judgments or other claims against said second parties in favor of said city, the Board deems such renewal necessary. And in case the said parties of the second part, their successors and assigns, shall on the reasonable demand of said Board, fail or refuse to renew such bond or furnish such additional security thereon as may be required, then their rights under this contract shall cease, and the fran- chise herein granted be forfeited, which forfeiture may be enforced in any court of competent jurisdiction. It is further agreed by and between the parties to this contract that the express and mail cars used under this franchise shall be of the same size and construction as a passenger car, except as to windows and inside finish. That on all streets and avenues herein authorized to be used, which are paved before such tracks are laid, the ties shall be laid upon a six-inch bed of concrete extending to the ends of the ties, and thereafter, whenever the streets on any part of the line of said railway shall be paved, a like bed of concrete shall be placed under the ties for such distance as the said streets or avenues may be paved. 430 1-2-R 17- It is further agreed by and between the parties that said interurban line is to be completed be- tween the City of Fort Wayne and the City of Huntington, Indiana, before January i, 1902, or else the rights and privileges under the same are forfeited. 430 1-2-S 18. It is further agreed by and between the parties to this contract, their successors and assigns, FORT WAYNE AND SOUTHWESTERN TRACTION CO. 323 that the party of the first part herein reserves the absolute right to grant to any person, company or corporation a franchise for the purpose of constructing an interurban or suburban street railroad over the right of way herein granted or any part thereof after ninety days from the approval of this contract, and before occupancy of the same or any part thereof by said second party. Said first party further reserves the right to grant to any person, company or corporation a franchise for an inter- urban or suburban railroad over the same right-of-way or any part thereof herein specified after such occupancy of same by said second parties, their successors and assigns : Provided that such grant shall authorize the use and occu- pancy according to terms and conditions provided in Sec- tion 8. And, provided further, That if said grant is made to any person, company or corporation after ninety days, and before occupancy by said second party, that said second party in that case shall have the right to use and occupy said right of way according to Section 8 of this contract. And it is further agreed that said second party shall not use any portion of this right-of-way under Section 8 unless they shall construct, maintain and operate an inter- urban line, as hereinbefore provided, between the Cities of Fort Wayne and Huntington, Indiana. i Parties of the second part, their successors and as- signs, obligate themselves to run one extra car in addition to those required of interurban service, and such other cars as are necessary to provide the proper and sufficient city service. It is further agreed by the parties of the second part, their successors and assigns, that they are to accept transfer tickets from all interurban or suburban lines upon an equal division of the fare provided for in the City of Fort Wayne ; conditioned, however, that such other lines shall accept transfers from the parties of the second part, their suc- cessors and assigns, upon the same conditions. It is agreed by and between the parties to this contract that all rights, privileges, conditions, limitations and obli- gations of the second parties shall extend to and be binding on their successors and assigns. Rights re- served by city. Extra cars terson or persons shall recpiest and contract for five or more tele- phones for a period of two years from date of said contract, to be placed in residences or ])laces of business along any line of telephones whose residences or places of business shall be beyond said one mile limit, then said com])any shall ]nit in, maintain and furnish such persons with tele- phones at the same rate ])er year charged persons residing within such one mile limit, and shall not have the right to make any additional charges for the extending of said line. It is understood and agreed that said com])any shall furnish for city officials in addition to said twenty telephones, when ordered by the Board of Public Works, telephones at the rate of eighteen dollars ($18.00) per year for offices and nine dollars ($9.00) for residences. FORT WAYNE DISTRICT TELEGRAPH CO. 341 It is understood and agreed that in case the first party shall sell or transfer all or any of its rights herein granted, that its successors and assigns shall be subject to and gov- erned in all res])ects by the provisions in this contract, and the ordinance herein referred, and shall not have the right to maintain and operate said telephone system or any telephone system under any former franchise granted to the assignees of the first party. It is understood and agreed that the first party, in con- sideration of the rights and privileges herein granted shall not have the right to enter into any agreement, contract or other .combination of any kind whatsoever with any other person, firm, comjiany or corporation engaged in the business of operating and maintaining a tele])hone system in said city with the view of regulating the price to be paid by the citi- zens of said city for telejdiones, and in case the first party, its successors or assigns, shall violate this provision and shall enter into such a combination or agreement or under- standing of any kind, then all the rights and privileges granted unto the first party under this contract and the ordinance herein referred to shall revert to and become the property of the City of Fort Wayne. It is understood and agreed that the first party shall, within ten days from the passage of the ordinances ratifying this contract, execute unto said city, and thereafter keep a good and sufficient bond in the penal sum of ten thousand dollars ($10,000.00) with surety, to be approved by the iNIayor and filed with the Department of Finance, condi- tioned that said company, its successors and assigns, will indemnify and save harmless said city from all costs, ex- penses and damages suffered or incurred by it, and from all judgments and decrees rendered against it by reason of, or growing out of, or resulting from any matter or thing con- nected, or growing out of this contract. It is understood and agreed that the first party shall immediately upon the passage of the ordinance ratifying this contract, begin the construction of said telephone system, and completed in said city in working order within six months from the date of the passage of said ratifying ordinance. Gules govern- ing in case of sale of franchise. Combinations prohibited. Bond. Work to begin, when. 342 LAWS AND ORDINANCES. To each of the conditions and stipulations of this con- tract the undersigned bind themselves, its successors and assigns. In testimony whereof, we, the foregoing named parties, hereunto set our hands, this 9th day of October, 1894. For the City of Fort Wayne : This contract approved by us on the 9th day of October, 1894. THOMAS D. DeVILBISS, WILLIS HATTERSLEY, Board of Public Works. Party of the Second Part. Fort Wayne District Telegraph Company, By R. T. M’DONxLLD, President, Contractor. Party of the First Part. [x\pproved October 16, 1894.] Ordinance Record i, page 89. Home Tele- phone and Telegraph Company. Contract ap- proved by Council. CxENERAL ORDINAXXE NO. 48. AN ORDINANCE ratifying a contract entered into by the City of Fort Wayne on the 14th day of January, i8p6, with the Home Telephone and Telegraph Company, said contract granting privileges to ereet and maintain tele- phone and telegraph systems within said eity. 456 Sec. I. Be it ordained by the Common Coiineil of the City of Fort Wayne, Indiana, That a certain contract made and entered into by the City of Fort Wayne, through its Board of Public Works, on the 14th day of January, 1896, with the Home Telephone and Telegraph Company, for the erection and maintaining of telephone and telegraph systems within said city, be confirmed and ratified. 457 Sec, 2. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. January 29, 1896. I” HOME TELEPHONE AND TELEGKAPH CO. 343 Contract of the Home Telephone and Telegraph Com Py\NY. Tills agreement made and entered into this 14th day of January, 1896, by and between the City of Fort Wayne, Allen County, and State of Indiana, by and tbrougb its Board of Public Works and the Home Telephone and Tele- graph Comiiany of said city, a corporation duly organized under the laws of the State of Indiana. 458 Witnessetb : That said City of Fort Wayne, here- inafter referred to as said city, hereby grants to said Home Telejihone and Telegraph Comjiany, its successors and assigns, hereinafter referred to as said company, the right, privilege, power and franchise of erecting and maintaining u])on and under the public streets and alleys of said city all ]ioles, wires, conduits aiul fixtures necessary and proper for the establishment, maintaining and o]ierating of telephone and telegra])h systems within said city, said grant being, however, subjected, restricted and controlled by the follow- ing stipulations and conditions, to-wit : 459 1 ^'irst — Said company agrees to erect and main- tain no ])oles or wires above ground within the following described territory in said city, to-wit, except as hereinafter provided : Commencing at a point where the west line of Harrison street intersects the south line of the right-of-way of the New York, Chicago & St. Louis Railway Conuiany ; thence east along said south line of said right-of-way to a ])oint where the south line of said right-of-way intersects the cast line of Barr street ; thence south along the east line of Barr street if produced south to a point where the same intersects with the north line of the right-of-way of the Pittsburg, Imrt Wayne N Chicago Railway Conpiany ; thence west along said north line of the Pittsburg, Fort Wavne & Chicago Railway Company’s right-of-way to a jioint where the same intersects the west line of Harrison street ; thence north along the west line of Ilarrison street to the place of beginning. 460 Said company being re([uired to lay all of its lines within said territory underground in such conduits as hereinafter stipulated for: Provided, however. That said Rights and privileges granted. Poles and con- duits. Wires under ground. Extent of ter- ritory. Distributing allowed. 344 LAWS AND ORDINANCES. Poles, where located. Consent of Board of Public Works Consent of Board of Public Works required be- fore going under paved streets. Board of Public Works to designate location of poles. To designate location of conduits. company shall have the right to erect and maintain only such poles and wires as shall be absolutely necessary to connect the telephones of its patrons within said territory with its lines of wire required herein to be placed underground. Also, it is provided further that if it becomes necessary in establishing and maintaining said systems of telephone and telegraph within said territory where the wires are re- quired to be placed underground, that there should be addi- tional poles and wires erected and maintained above the ground, then said company shall first obtain consent of the Board of Public Works to erect such additional poles and run such additional wires above ground within said terri- tory. Said consent of Board of Public Works to be approved by the Common Council. 461 Second — It is understood and agreed by the parties hereto that no privilege or right whatsoever is herein granted to said company to erect and maintain any poles or wires in, upon and along, or any conduits or wires under any of the paved streets of said city without having first obtained the written consent of the Board of Public Works of said city : Provided, however, That said company shall have the right to construct necessary conduits under and erect and maintain poles and wires across any of said paved streets. 462 It is further understood and agreed by the parties hereto, that the Board of Public Works of said city shall at any and all times have the right and power to designate the location and position of any and all poles erected and maintained under this contract, and shall have the further power ancl right to determine the position and location of any and* all conduits laid in, under and along all streets and alleys of said city, and shall also have the right to control the manner and mode of constructing, putting in and erecting said telephone and telegraph systems when the same mav be necessary for the convenience, comfort and welfare of anv of the citizens of said citv. 463 Tbi rd — Said com]:)any further agrees to replace all pavements torn iq) or disturbed by reason of putting in and maintaining said telephone and telegraph systems, and HOME TELEPHONE AND TELEGKAPH CO. 345 if necessary put in new i^avenicnts and new material at its own expense so as to leave the street or alley (listurl)e(l in as good condition as it was before said company erected its lines over and constructed its conduits under said street or alley. Also, said company is further required to repair any and all damages done or caused any streets, alleys, curb stones, sidewalks or other property, whether such street or alley is paved or not, and place all such property, at its own expense, in as good condition as it was before said companv damaged or disturbed the same. 464 Fourth — When said company carries more than one hundred wires on any line of poles along any street or alley, then the said company agrees to place said wires in cables. Fifth — Said company is hereby granted the privi- lege to use any and all kinds of material, appliances and fixtures in the construction and operation of its telephone and telegraph systems, within said city : Provided, That said material, fixtures and appliances be of the most ap- ])roved kind used or hereafter used that can be obtained in open market, for conveying messages from place to place by tele])hone or telegra])h : Provided, further. That said company will at all times put in use and furnish to its patrons such tele])hones and other conveniences tliat can be obtained in open market as will give the best satisfaction to those using the same. 465 Sixth — Said companv agrees that wherever it is using and maintaining overhead wires, then the wires of lower cross arm su])])orting the same shall not l)e less than twenty-four feet al)ove the surface of the ground. Also, all poles shall be trimmed, painted and ]:>laced inside the curb, and in sucb manner as the Hoard of Public Works mav from time to time direct. 466 Seventli — Said conqxany, in consideration of the privileges and rights herein granted, agrees to \mt in and lay at its own expense for said city one duct capable of containing 200 wires ui all of its conduits within ilic terri- tory where all wires are to be ])laced underground, as de- scribed in Section r of this contract. Said companv to pay for said tubing and bear tbe entire expense thereof. Streets or alleys dis- turbed, to be replaced by Company. Cables, when required. Material used approved, kind. Heighth of wires. Poles painted. City’s duct to be built by Company. 346 LAWS AND ORDINANCES. Conduits out- side certain limits, to be built for city, City to pay for conduits, when. Monthly and annual rates, how much. One mile limit, charges for. Said company agrees that whenever it puts in or con- structs any conduits without said territory, as described in Section i of this contract, where all wires are to be placed underground and said construction is not done to conform to the requirements of any ordinance, order or resolution of the Common Council of said city, then said company agrees to put in and lay at its own expense for said city one duct capable of containing two hundred wires in all of its conduits without said territory, where all are by this contract required, to be placed underground. Said company further agrees that whenever the Com- mon Council of said city orders, by ordinance or otherwise, any wires underground without the territory where all wires are required to be placed underground, said territory being described in Section i of this contract, then said company agrees to put in and lay for said city one duct capable of containing two hundred wires in all of its conduits con- structed and ])ut in in conformity with the requirements of said order or resolution of the Common Council, said city to pay its proportion of the actual cost of constructing and putting in of said conduit ; said proportion to be de- termined by the relative number of tubes. 467 Eighth — It is further understood and agreed by the parties hereto, that said company shall not have the right to charge any of the citizens within the corporate limits of the city a greater rate than twenty-four dollars ($24.00) per year for residence telephones and thirty-six dollars ($36.00) per year for business telephones, and whenever any one person sliall desire two telephones, one at his residence and the other at his place of business then said company agrees to not charge such person for said two tele])hones a greater rate than forty-eight dollars ($48.00) per year. It is further agreed that said company shall furnish any and all persons, whose residences or places of business are within a radius of one mile from the exchange office of said company, with a telephone or telephones at the afore- said rates ])er year, and in case any person or persons shall request and contract for five or more telephones for a period HOME TELEPHONE AND TELEGRAPH CO. 347 of two years to be placed in residences or places of business along any one line of telephone poles, whose residences or places of business shall be beyond said one mile limit, then said company shall put in and furnish said persons with telephones at the same rate per year charged persons re- siding within such one mile limit and shall not make any additional charge for extending said line. Said company, in consideration of the privileges and rights herein granted, agrees to furnish for said city free of cost one telephone for each of the following places, to-wit: One in each of the engine houses now or here- after constructed, one at each of the water works pumping stations now or hereafter constructed, one at the water works reservoir station, one in the office of the Water Works Trustees, on in the office of the Board of Public Works, one in the police station, one in the Mayor’s office, one in the residence of the Superintendent of Police, one in the residence of the Chief of the Fire Department, and three others to be placed in the city buildings under the direction of the Board of .Public Works. 468 It is further understood and agreed that in con- sideration of the privileges and rights herein granted, that said company shall furnish all city officials, in addition to said free telephones when ordered by the Board of Public Works, telephones for one-half the rate charged other citizens. 469 Xinth — Said company further agrees to perfectlv insulate any and all spans of wire running between two poles where said wires cross under or over any trolley wire or any other highly charged wire and so arrange its wires that there can be no danger resulting to any person coming in contact with said company’s wires, if the same should happen to come in contact with such trolley or other highly charged wires. Tenth — Said company further agrees, in consideration of the rights and ])rivileges herein granted, to permit said city, free of cost, to use for its police patrol system and any other purposes, the upper cross arm on anv and all poles erected and maintained by it within said citv : Pro- Fire tele- phones, how many, where placed. Price to city officials. Wires insulated. City to use cross arms on poles. 348 LAWS AND ORDINANCES. Company to pay per- centage of earnings. Examination of books. Money deposited. vided, that the wires placed on said upper cross arms shall be erected under the supervision of said company. 470 Eleventh — In consideration of the privileges herein granted from and after the first day of January, 1910, said company agrees to pay to the city of Fort Wayne two (2) per cent, per annum of its entire gross receipts received by it from any and all sources; said per cent, of the gross receipts to be paid said city on or before the 30th day of January of each and every year during the life of this contract: Provided, That said company shall not at any time be subject to any other special tax and license fee which are not enforceable against all persons or corpora- tions doing a like business and making a like use of the streets and alleys of said city. The said company further agrees to keep books which will at all times show the exact amount of money taken in or received by it from any and all sources, and further permit the Mayor or any officer or person appointed by him to examine all books, accounts and papers for the purpose of determining the amount of the entire gross receipts received by it. 471 Twelfth — Said company agrees, if not prevented by injunction suits or by operation of law, to have five hundred telephones in operation and use within seven months after the passage of the ordinance by the Council ratifying this contract, and as a guaranty and warranty it will have said five hundred telephones in use within said seven months, agrees to deposit within five days after the passag'e of the ordinance ratifying this contract in the treasury of the City of Fort Wayne two thousand dollars ($2,000.00), it being expressly understood and agreed that if said company fails to have said five hundred telephones in use and in operation within said seven months, then said citv shall retain said two thousand dollars ($2,000.00) and all rights and privileges herein granted shall cease and be null and void, and said city shall be under no obliga- tion whatever to return said two thousand dollars (v$2,ooo.oo) to said company. 472 Said com]iany agrees to comply with all stipula- tions, conditions and requirements of this contract, and HOME TELEPHONE AND TELEGRAPH CO. 349 that it will forever indemnify and save harmless the City of Fort Wayne from any and all costs, expenses or damages suffered or incurred by said city from all judgments and decrees rendered against said city by reason of, or growing out of, or resulting from the failure of said company to conform in all things to be done by it under this contract, or in any matter or thing connected therewith, or by the exercise of said company, its successors or assigns, of the privileges herein granted, or from any acts of said company, its servants or agents. And further, to protect and save harmless said city and each and all of its patrons or users of its telephones from any and all damages, loss and ex- pense resulting or caused by the infringement of any patent or patents on any of the material, appliances, fixtures, sys- tem, telephones or parts thereof, or anything connected therewith, used by said company, in furnishing the tele- phone or telegraph service herein provided for, and by reason of any suit or suits brought for such infringement, which suit or suits the said company, its successors and assigns, hereby agree to defend and take charge of, at its own expense, provided the company is given notice and opportunity to defend any such suit or action, to that end, said company, upon accepting this contract, agrees to ex- ecute to said, city and thereafter keep a good and sufficient bond in the penal sum of ten thonsand dollars ($10,000.00) surety, to be approved by the Mayor and Common Council and filed with the Department of Finance, conditioned that said company will so protect and save harmless said city and comply with all the conditions and provisions of this contract. 473 Thirteenth — All rights, privileges and permis- sions granted to or vested in said company, their associates, successors or assigns, by virtue of this contract, shall cease and revert to and become the property of the City of Fort Wayne in fifty years from the date of the passage of the ordinance ratifying this contract. In testimony whereof, we, the foregoing named, parties hereunto, set out hands this 14th day of January, 1896. For the City of Fort Wayne. Bond. Renewal of bond, when. Time of franchise. 30 Agreement by and between city and New York, Chi- cago & St. Louis Railroad. 350 LAWS AND ORDINANCES. This contract entered into this 14th day of January, 1896. Ordinance Record i, page 139. GENERAL ORDINANCE NO. 154. AN ORDINANCE confirming and approving a certain agreement and contract, made and entered into by and hetzveen the City of Fort Wayne, through its Board of Public Works, and the Nezv York, Chicago & St. Louis Railroad Company. Whereas, The Board of Public Works of the City of Eort Wayne, State of Indiana, for and on behalf of the City of Fort Wayne, has entered into an agreement and contract with the New York, Chicago & St. Louis Railroad Company, a copy of which contract and agreement is as follows : Agreement. 474 This agreement, made this 13th day of March, 1900, by and between the Board of Public Works of the City of Fort Wayne, Indiana, acting for and on behalf of the said City of Fort Wayne, party of the first part, and the New York, Chicago & St. Louis Railroad company, party of the second part, witnesseth that : Whereas, Said party of the first part contemplates and is about to enter upon the construction of an intercepting sewer according to the plans and specifications therefor, now on file in the office of the City Civil Engineer of said city, and. Whereas, It is proposed and contemplated to use and occupy a portion of the lands, premises and right of way of said party of the second part for the construction, use, occupancy and maintenance of said sewer, and. Whereas, Said party of the first part is desirous of ob- taining the right to so enter upon, use and occupy said portion of said premises, lands and right of way of said railroad company, as aforesaid, without being compelled to resort to legal process to condemn said premises in order to procure said right and privilege ; now. NEW YORK, CHICAGO & ST. LOUIS R. K. 351 475 Therefore, It is hereby covenanted and agreed by and between the parties hereto that the said New York, Chi- cago & St. Louis Railroad Company, party of the second part, shall and does hereby grant and convey nnto the said City of Fort Wayne the right, permission and privilege to enter upon, use and occupy such part and portion of the said party of the second part, necessary and proper for the construction and maintenance of said sewer according in all respects to said plans and specifications and not other- wise, but the land to be used shall in no event exceed five feet upon each side of the center line of said sewer, as de- termined in exhibit ‘"A,” attached to this contract, reference to which said plans and specifications is hereby made for greater particularity ; and to construct thereupon said sewer as aforesaid, and hereafter use and maintain the same; now, 476 Thereafter, In consideration of the granting of the aforesaid rights and privileges as aforesaid, and the grant by the New York, Chicago & St. Louis Railroad Company to the City of Fort Wayne of the right and privilege to enter ‘Upon and forever use and occupy a portion of the premises, property and right of way of said railroad com- pany for the construction and maintenance of an intercepting sewer as now contemplated by said city. It is further agreed by and between the parties that, 477 First — The said sewer shall be constructed over, under and upon the lands and premises of said railroad com- pany, in all respects according to the plans and specifications therefor now on file in the office of the Civil Engineer of said city, and shall be located upon and occupy such part of the premises and right of way of said company as is specified in the said plans and specifications and not other- wise. 478 Second — That in and about the construction of said sewer not more than one hundred feet in length thereof shall be kept open at any one time, and such opening shall be thoroughly protected at all times in such manner as shall be directed by the Civil Engineer of said railroad company. 478-A Third — That said city shall pay all cost of Grant, per- mission and privileges, by New York, Chicago and St. Louis Railroad. To enter on right of way of railroad. Sewer, how constructed. How much sewer opened at one time. 352 LAWS AND ORDINANCES. Sewer to be forever main- tained. Not to inter- fere with use of right of way. Man holes, who to build and protect in certain cases. Construct catch basin. Railroad com- pany held harmless from damages. Repairs. removing and replacing any and all telegraph poles and lines and any other construction or obstruction upon the right of way or premises of said railroad company, which mav be required to be removed. 479 Fourth — That said sewer shall be so constructed and maintained that it shall not during the construction thereof interfere with the usual movement of trains upon the tracks of the party of the second part, and shall in no other way interfere further than is necessary with the use by said party of the second part of its right of way and premises, and shall not, after completion, interfere with the use of the entire right of way by said party of the second part for track or other purposes. 480 Fifth — That if at any time said railroad com- pany shall lay additional tracks that in any manner interfere with free access to the man-holes of said sewer, either be- cause of such tracks or necessary embankments extending over such man-holes, then said city shall build such man- holes up to a sufficient height and properly protect them, and if necessary rearrange them, without cost or expense to said railroad companv. 481 Sixth — That said city shall construct a proper catch basin near the crossing of said sewer with the Tenth ward in such a manner as that the right of way of said railroad company south of its tracks can be drained into such catch basin, and thereby allow said railroad company to abandon and fill up a culvert now existing near said point. 482 Seventh — That said city shall and will at all times save and hold said railroad company free and harmless from all loss, liability or damages to any person, whether in the employ of said railroad company or city, or not ; and from all damages to property, whether that of the said railroad company or other person or corporation, which shall occur or result in any manner at any time growing out of or by reason of the construction or maintenance of said sewer ; and, 483 Eighth — That said city shall at all times keep and maintain said sewer in proper and safe condition and repair. PAKTY WALLS. 353 The center line of said sewer as located and proposed to be constructed is particularly set forth and described in exhibit “A,” hereto attached and made a ])art thereof: Provided, always, that this agreement is upon the express condition that the same shall not take effect nor become operative until after such time as the said City of Fort Wayne, by its Common Council, shall have ratified, ap- proved and confirmed the same by an ordinance duly passed and in effect to the acceptance of the said railroad company. In witness whereof the parties hereto have hereunto set their names the day and year first above written. PETER EGGEMANN, P. H. KANE, J. K. M’CRACKEN. [Approved March 13, 1900.] Ordinance Record i, page 379. AiW ORDINANCE relating to the construction of Party Walls. (Approved March 11, 1887.) (Chapter 34, Revised Ordinances, 1887.) 484 Sec. I. The Common Council of said city shall annually elect three persons to view and estimate the value of party walls, hereafter to be built within the city, who shall hold their office for the term of one year from and after their election, and until their successors are elected and qualified. 485 Sec. 2. Before such viewers shall proceed to view and estimate the value of any such party wall, they shall make out and sign a written notice specifying the time and place when and where such view and estimate will be made, and also a particular description of the lots, or parts of lots, between which such wall is a partition, and deliver the same to the Marshal, who shall serve such notice personally upon or by leaving a copy thereof at the residence or business place of the owner or owners of any lot or lots, or part of lot, upon the line of which such wall is built, which notice with the fact and manner of such To be ef- fective, when Party walls. Viewers. Notice of meeting. 354 LAWS AND ORDINANCES. Service of notice. Non-residents. Publication. Meeting of Viewers. Party walls, how located. Fixed by City Civil Engineer. notice shall be returned forthwith to the City Clerk, who shall file and preserve the same in his office. 486 Sec. 3. Every notice required by the second section of this ordinance shall be served in the manner therein pointed out, at least three days before the time fixed by such viewers, for the view and valuation of such party walls. 487 Sec. 4. Whenever it shall be made known to such viewers by the Marshal’s return to any such notice, or by other means whatever, that the owner or owners of any lots, lot or part of lot, upon the line of which any party wall is erected, is or are non-residents of the County of Allen, and there is no agent of such owner or owners resid- ing in said city, it shall be the duty of such viewers to notify such owner or owners by publication for three successive weeks in some newspaper printed in the city, of the time and place where and when such view and valuation will be made ; and a copy of such printed notice, with the af- fidavit of the proprietor or publisher of such newspaper attached thereto, shall be deposited with the City Clerk, to be by him filed and preserved. 488 Sec. 5. Said viewers, after having given notice as aforesaid, shall meet at the time and place appointed, and proceed to view and value such party wall, and they shall have the power to adjourn from day to day until they have completed such view and valuation ; and when the same is completed and reduced to writing and verified by the affi- davits of such viewers, or a majority of them, such report and valuation shall be final and conclusive. 489 Sec. 6. That it shall be lawful for any person or persons about to build any stone or brick house of any kind, on any piece or parcel of ground, within the City of Fort Wayne, which is bounded on any side or end by the private property of any other person or persons, to build his, her or their wall or walls on any line dividing his, her or their grounds from that which adjoins it as afore- said, placing such wall lengthwise, along said line, and one-half of such wall on each side of said line, as the same may be fixed by the City Engineer; and when any such PAI'TY WALLS. 355 wall shall be built of brick or stone, of the height, depth, breadth and thickness, and in the manner and of the quality of materials prescribed by the ordinances of the city, it shall be a party wall, and the persons owning the ground on either side thereof shall have the right to use the same in any lawful manner: Provided, That no person other than the person building such wall shall be compelled to maintain and keep the same in repair, or to pay any part of the expenses of building, repairing or maintaining the same, until such wall, or some part thereof, shall be used by such other person by attaching another house to it, or making it constitute one side or wall or a part of one side or wall of another house of some kind erected on the ground ad- joining that of the person who erected such wall. And when any person other than the person who may have erected any such party wall may desire to use such wall by attaching another house of any kind to it, or by making such party wall part of such house, such person so desirous to use such wall shall first pay to the person or persons who built the same, or his or their heirs and assigns, one-half of the full value of such wall, if the same be demanded by the person entitled thereto ; and after such demand is made no person shall attach any other house to such party wall or proceed any further in erecting or building the same, or commence or proceed any further in erecting or finishing any such other house, of which said party wall will in any- wise form a part of one wall, or a part of a wall thereof, without first paying to the person or persons who built such party wall, or his or her or their heirs and assigns, one-half of the full value of said party wall : and in case the parties interested cannot agree, then either party shall call upon the said viewers to view and estimate the value of said partv wall. [As amended 1899.] 490 Sec. 7. Such viewers shall be paid by the re- spective parties three dollars ($3.00) per day each. The use of same. Costs divided, how and when. Viewers, how paid. 356 LAWS AND ORDINANCES. Partition fences. Posts, where placed. Penalty. Refusal to build or repair. Notice. GENERAL ORDINANCE NO. 140. AN ORDINANCE regulating the building and maintaining of partition fenees. 491 Sec. I. The respective owners of all lots in the City of Eort Wayne shall construct and maintain par- tition fences between their own and the next adjoining lots at an equal expense to each owner; such partition fence shall be constructed of posts sunk in the soil at least three feet, and of a height above the surface of not less than three feet or more than six feet with rough boards ; in all cases when the houses in streets on which lots front run by numbers from east to west the posts shall be placed contiguous to and on the westerly side of the dividing line, and the boards shall be nailed or fastened on the easterly side of the post ; and when the houses on such streets number from west to east, the posts shall be placed on the easterly side of the dividing line and the boards on the westerly side of the posts. On lots fronting on streets, the numliers of the houses whereon run from north to south, the fence posts shall be placed contiguous to and on the north side of the dividing line, and the boards on the south side of the posts ; and when such unmbers run from south to north, such posts shall be placed contiguous to and on the south side of the dividing line, and the boards on the north side of the posts. Any person violating the pro- visions of this section shall, upon conviction, be fined in any sum not exceeding one hundred dollars ($100.00.) 492 Sec. 2. Whenever any party shall neglect to build, repair or rebuild any partition fence which of right he ought to build, repair or rebuild, the aggrieved party may complain to the Board .of Public Works, who shall give notice in writing to the parties of the time and place when they shall examine into the same ; upon such exam- ination said Board shall determine in writing if such is required to be built, repaired or rebuilt, and in such case the proportion shall be paid by each owner, a copy of which shall be served on each party in interest ; if any party shall neglect for the space of twenty days, after service of such PARTITION FENCES. 357 finding, to comply with the requirements thereof, the other party may proceed to build, repair or rebuild such fence, and the party neglecting to comply with the requirements of such finding shall be liable to the party doing the work for the entire expense thereof. 493 Sec. 3. Notwithstanding any thing in this ordi- nance contained, the owners of adjacent lots may amicably agree upon the size, character and height of their partition fences, and the proportion in which they shall bear the expense thereof. 494 Sec. 4. When, by the inclosure of uninclosed lots or lands, a fence already erected shall become a par- tition fence, the person making such inclosure shall pay to the owner of such fence the value of one-half of the same at the time of making such inclosure. 495 Sec. 5. When any person, by mistake, shall have erected a fence on the lot or lands of another, and when, by a line legally determined, such fact is ascertained, such person shall have the right to enter upon such prem- ises and remove the fence to the line so legally determined, doing no unnecessary injuries to the premises. 495-A Sec. 6. All ordinances or parts of ordinances in conflict herewith are herebv repealed. 495-B Sec. 7. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved November 18, 1899.] Ordinance Record i, page 337. GENERAL ORDINANCE NO. 25. AN ORDINANCE providing for the closing of liquor sa- loons and requiring the removal of any obstructions of the view to the interior of the same betzveen the hours of II o'clock P. M. and 5 o'clock A. M., on the following day and on Sundays. 496 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That any person or persons keeping a saloon or other place within the limits of said city or within four miles of the corporate limits thereof, Parties may agree as to kind of fence. Fence already erected be- coming a par- tition fence. Payment for. Erected on wrong line moral. Saloon. 358 LAWS AND ORDINANCES. Rooms where intoxicating liquors sold regulated. Open on Sunday prohibited. Door and win- dow screens raised. On Sunday, raise door and window screens. Penalty. where intoxicating liquors are sold or given away to be drunk upon the premises, shall eject therefrom any person not regularly employed therein, and shall close and lock the doors thereof securely, and permit no ingress thereto be- tween the hours of ii o’clock p. m. and 5 o’clock a. m. of the following day, and it shall be the duty of every person found in any such place between said hours to depart there- from when requested so to do. 497 Sec. 2. It shall be unlawful for any person who is keeping or assisting to keep any shop, saloon or other place within said city or within four miles from the cor- porate limits thereof, for the purpose of selling, bartering or giving away any kind of intoxicating liquor to be used on the premises, to open such shop, saloon or other place, or have any door thereof unlocked on Sunday, or permit ingress thereto on said day of any person not regularly employed therein. 498 Sec. 3. That any person or persons keeping a saloon or other place within the limits of said city, or within four miles of the corporate limits thereof, where intoxicating liquors are sold or given away to be drunk upon the premises, shall at ii o’clock p. m. of each day raise all door and window screens and remove any obstructions which prevents an unobstructed view of the interior, and shall not replace said door or window screen, or in any manner obstruct said view until 5 o’clock a. m. of the fol- lowing day. 499 Sec. 4. That any person or persons keeping a saloon or other place within the limits of the city or within four miles of the corporate limits thereof, where intoxi- cating liquors are sold or given away to be drunk upon the premises, shall, on Sunday, raise all door and window screens and remove any obstructions which prevents an un- obstructed view of the interior of said saloon, or place, or bar, and shall not replace said door and window screens, or in any manner obstruct said view until 5 o’clock a. m. of the day following said Sunday. 499-A Sec. 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. • v‘> ■'V . LIQUOR LICENSES. 359 500 Sec. 6. Any person violating any of the pro- visions of this ordinance shall, upon conviction, be fined in any sum not exceeding twenty-five dollars ($25.00) for each offense. 500-A Sec. 7. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and the publishing of the same once each week for two successive weeks in a daily newspaper of general circulation printed and published in the City of Fort Wayne. [Approved January 8, 1895.] Ordinance Record i, page 95. AN' ORDINANCE granting pozver to the Common Council to refuse liquor licenses in certain cases. 501 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That whenever any person shall make application to said city for a license to retail intoxi- cating liquors in a less quantity than a quart at a time, in said city or within the distance of two miles therefrom, and the Mayor shall believe or have good cause to believe such applicant to be an improper person to have such license, said Mayor shall submit the question to the Common Coun- cil, who shall grant or refuse such license as in its judgment shall be deemed right. Nothing herein contained shall be construed as repealing any ordinance of said city now in force, but merely annulative thereto. Done at the Council Chamber of said City of Fort Wayne this 28th day of May, 1889. DANIEL L. HARDING, Mayor. Attest : W. W. ROCKHILL, City Clerk. Intoxicating liquors. Sale of. License. Mayor may re- fuse to issue. GENERAL ORDINANCE NO. 22. AN ORDINANCE requiring persons living zuithin the City of Fort Wayne, and zvithin four miles from the cor- porate limits thereof, to obtain a city license to sell in- toxicating liquors. 502 Sec. I. Be it ordained by the Common Council 360 LAWS AND OKDINANCES. Liquors, License required. Fee. Issued by Comptroller. Unlawful to sell without license. Penalty. Prostitutes wandering on streets, un- lawful. of the City of Fort Wayne, That the Mayor of the City of Fort Wayne, in his discretion, is hereby authorized to grant to any person, who shall have first obtained a state license to sell intoxicating liquors, a city license to sell intoxicating liquors in a less quantity than a quart at a time upon such person making application therefor, and first depositing in the treasury for said city, for use of said city, the sum of one hundred dollars ($100.00), which said license shall run for a period of one year, and shall designate therein the place at which such sale may be made. Said license shall issue under the corporate seal of said city and be signed by the Mayor and countersigned by the City Comp- troller. 503 Sec. 2. It shall be unlawful for any person to sell within the limits of the City of Fort Wayne, or within the distance of four miles therefrom, any intoxicating liquors in a less quantity than a quart at a time without having a citv license for so to do. 504 Sec. 3. Any person who shall violate any of the provisions of this ordinance shall, upon conviction, for- feit and pay a fine of not less than one hundred dollars ($100.00.1 504-A Sec. 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 504-B Sec. 5. This ordinance shall be in full force and efifect from and after its passage and approval by the Mayor and the publishing of the same once a week for two consecutive weeks in a daily newspaper of general cir- culation printed and published in the City of Fort Wayne. [Approved November 14, 1894.] Ordinance Record i, page 90. GENERAL ORDINANCE NO. 143. AN ORDINANCE defining certain offenses. . 505 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be unlawful for any common prostitute to be found wandering about this city, or within two miles of the corporate limits thereof, DEFINING certain OFFENSES. 361 or found guilty of any lewd or lascivious conduct in any public place within the aforesaid limits. 506 Sec. 2. It shall be unlawful for any person within the City of Fort Wayne, by the practice of any trick, game or device whatever, or by means of any false or fraudulent token, representation, writing or any false pretense, to defraud of or obtain from, or attempt to defraud of or obtain from another, any money or thing of value. 507 Sec. 3. It shall be unlawful for any person to make any noise, disorder or tumult to the disturbance of the peace and quietude of the city, or to the annoyance of any of its inhabitants, or to permit such noise, disorder or tumult to be made in or about his house or premises. 508 Sec. 4. All police officers of the City of Fort Wayne are hereby empowered and enjoined to arrest with or without process any person, who, in the night time or on Sunday, and within one mile of the city limits there- from, shall be found rioting, fighting or in any manner disturbing the public peace. And said officers shall commit such offender to the city prison for safe keeping until com- plaint can be made before the Mayor of the city : ^Provided, however. That no person shall be imprisoned longer than 10 o’clock of the succeeding day, unless such succeeding day shall be Sunday, in which case complaint against such offender shall be made on the next following Monday. All arrests shall be subject to the right to be admitted to bail as provided by law. 509 Sec. 5. It shall be unlawful for any person to climb upon or into any wagon, carriage, sleigh or other vehicle while the same may be in motion, or attach his sled or cart to any such vehicle, without the consent of the driver thereof, or to otherwise molest or annoy any person in said city. 510 Sec. 6. It shall be unlawful for any person to distribute, cast, throw or place in, upon or along any of the streets, alleys or public places of the City of Fort Wayne, any hand bills, pamphlets, circulars, books or ad- vertisements, for the purpose or with the intent of adver- tising, or making known in a general or promiscuous Trick, game, device, etc., when unlaw- ful. Noise and disorder. Disturbing public peace, unlawful. Climbing on wagons and sleighs, unlawful. Hand bills, etc., thrown over and along streets, unlawful. 31 362 LAWS AND ORDINANCES. Congregating in doorways or stairways prohibited. Attempt to pick pockets unlawful. Indecent plays unlawful. Begging unlawful. Kite flying unlawful. Throwing stones on streets un- lawful. manner any occupation, profession, medical treatment, medi- cines or anything whatever. 511 Sec. 7. It shall be unlawful for any person or persons in said city to loiter or congregate about or upon any stairway, doorway, window or in front of any business or dwelling house, theatre, lecture room, church, street or street corner, or elsewhere, and by so doing obstruct or interfere with the free passage of persons entering or oc- cupying such building or premises, or by their language, conversation or conduct annoy, insult or disturb persons passing along the streets or alleys, or occupying, residing or doing business in any of said houses or places. 512 Sec. 8. It shall be unlawful for any person to attempt to pick the pockets of, or to take from the person of another, any nionev or other things of value. 513 Sec. 9. It shall be unlawful for any person to perform any indecent, immoral or lewd play or representa- tion within the corporate limits of the city. 514 Sec. 10. It shall be unlawful for any person within the limits of the city, or within the distance of two miles therefrom, to wander in the public streets, or in any place of public resort, to beg or gather alms, or cause or procure or encourage anv child or children so to do. 515 Sec. IT. It shall be unlawful for any person to fly a kite or engage in any sport or exercise likely to scare horses, injure passengers or embarrass the passage of vehicles in any street or alley in the city. 516 Sec. 12. It shall be unlawful for any person to purposely or heedlessly cast or throw any stone, brick or other missile from or into any street or other public place, or at, against or into any building, shade tree or other property, or shall climb upon or walk upon the top or capping of any fence or railing, or into any shade or orna- mental tree upon any public street or place, or shall in any- wise injure or deface any building, fence, gate or shade tree, or shall meddle with or injure any well, cistern, hydrant or pump within said city. 517 Sec. 13. It shall be unlawful for any person to keep or leave open any cellar door or grating of any DEFINING certain OFFENSES. 363 vault on any street or sidewalk, or suffer the same to be left or kept open. 518 Sec. 14. It shall be unlawful for any person to hiteh anv horse or other animal in such a manner as will allow it to go upon or over any sidewalk, or to hitch any animal to any shade or ornamental tree, awning, post or lamp post in said city ; and it shall be unlawful for any person to leave any horse, horses, or other animals attached to any vehicle, in any of the streets, alleys or lanes of the city, without securely fastening such a horse, horses or other animals. 519 Sec. 15. It shall be unlawful for any person wilfully to give or make a false alarm of fire or watch, or to employ any bell man, or use or cause to be used any bell, horn, bugle or other sounding instrument, or to employ any device, noise or performance, tending in either case to the collecting of persons on the streets, sidewalks or other public places to the obstruction of the same, or for any purpose whatever. 520 Sec. 16. It shall be unlawful for any person to pull down, deface or destroy any written or printed notice, advertisement or bill posted up at any place in the city, which said notice, advertisement or bill has been so posted by permission of the owner or persons having control of the place whereon such posting is made. 521 Sec. 17. It shall be unlawful for any person to resist or molest any city officer in the execution or per- formance of his official duties. 522 Sec. 18. It shall be unlawful for any person to fire or discharge any common gun, fowling piece, pistol or firearms of any description, or to fire, or explode, or set off any squib, cracker or any other thing containing powder or other combustible or explosive material, without written permission from the Mayor ; which permission shall limit the time of firing, and shall be subject to be revoked by the Mavor at anv time after it has been granted. 523 Sec. 19. It shall be unlawful for any person to ride or drive any horse or horses through or upon the streets, alleys or public grounds of the City of Fort Wayne Cellar doors or grating left open unlaw- ful. Animals on sidewalks un- lawful. Collecting per- sons in crowds on streets pro- hibited. Defacing or tearing down printed notices pro- hibited. Resisting of- ficer unlaw- ful. Discharge of firearms in city unlaw- ful. Rate of speed on streets. 364 LAWS AND ORDINANCES. Rate of speed in turning corners. Swine. Hanging on fire apparatus prohibited. Privy vaults, how built. Police whistle. Permit to enter prem- ises of others. Injuring grass plots. at a greater speed than eight miles per hour; that it shall likewise be unlawful for any person or persons to ride or propel any bicycle, tricycle or automobile over the streets of the city at a rate of speed to exceed eight miles per hour : Provided, That the Mayor may designate certain streets upon which horses may be speeded for amusement under proper regulations. 524 Sec. 20. It shall be unlawful for any person upon turning the corner of any street in the City of Fort Wayne, to ride or drive any horse or horses or other animals at a greater speed than four miles an hour, or to ride or propel any bicycle, ’ tricycle or automobile, in turning any street corner, at a greater speed than four miles per hour: Provided, That this limitation shall not apply .to fire de- partments in answering any alarm of fire, nor to the police patrol. 525 Sec. 21. It shall be unlawful for any person to keep, harbor or have any swine within the limits of the City of Fort Wayne. 526 Sec. 22. It shall be unlawful for any person other than members of the Fire Department of said city to ride upon or hang on any engine, hook and ladder truck, hose carriage or other fire apparatus while going to or returning from anv fire or fire alarm. 527 Sec. 23. It shall be unlawful for any person to build, or cause to be built, within the limits of said city, any privy vaults, or to use for such purpose any vault, unless the same is built of brick, stone or metallic sub- stances, and made water-tight, and not less than four feet deep. 528 Sec. 24. It shall be unlawful for any person other than a police officer of said city to blow a police whistle within the corporate limits of said citv. 529 Sec. 25. It shall be unlawful for any person to enter the lot or premises of another without having the consent of the person in possession of such lot or premises, unless such entrv be made for legitimate business purposes. 530 Sec. 26. It shall be unlawful for any person to enter upon or injure, or cause to be injured, any grass plat DEFINING CEKTAIN OFFENSES. 365 or lawn, flower bed or garden, upon the lot or premises of another, whether sncli lot or premises be inclosed or un- inclosed. 531 Sec. 27. It shall be unlawful for any person to hang to or climb upon anv electric light tower or pole. 532 Sec. 28. It shall be unlawful for any person to erect or maintain any fence separating lots or real estate from any sidewalk, street or alley, any part of which is made from barbed wire. 533 Se . 29. It shall be unlawful to put up or main- tain, or suffer to be put up or maintained, any sign, banner or streamer or other device for advertising or other pur- pose, by suspending the same across any street or alley within the city. 534 Sec. 30. It shall be unlawful for any person to put up or maintain any sign which shall project over any sidewalk in said city more than four feet from the building line of the street, or the lowest part of which sign shall be less than eight feet above the ground. 535 Sec. 31. It shall be unlawful for any person, without competent authority, to light or extinguish any electric, gas or other light used bv said city. 536 Sec. 32. It shall be unlawful to shoe any horse upon or in any street or alley of the city. 537 Sec. 33. It’ shall be unlawful for the owner of any building or lot to permit the sidewalk abutting thereon to become and remain out of repair, so as to become dangerous and unsafe for passage upon and over. 538 Sec. 34. It shall be unlawful for any person to dig or excavate any street or alley for the purpose of laying any gas or water pipe without first having obtained the written permission of the Board of Public Works. 539 Sec. 35. It shall be unlawful to connect any pipe of any stove, or other heating apparatus, to any chim- ney or flue, unless such chimney or flue is made of brick, stone or iron. 540 Sec. 36. It shall be unlawful for any person to place any hay, straw or other combustible substance within fifteen feet of any place where fire is kept, or to use Electric light towers, climbing on. Barb wire fence. Signs and ban- ners strung on streets, for advertis- ing purposes, unlawful. Height of signs main- tained. Putting out lights. Shoeing horses. Sidewalks out of repair. Permit to ex- cavate. Fire precau tion. Hay, straw and other combustibles near fire pro- hibited. 36 b LAWS AND ORDINANCES. Personating a fireman. Ashes. Scaffolds over sidewalk. Penalty. Chickens, tur- keys, etc., running at large. Chicken coops main- tained. Bees, more than two hives in one lot. Funeral pro- cession, breaking into unlawful. a lighted candle or lamp in the department of any building where hay or straw is kept, unless the same be secured in a glass lantern. 541 Sec. 37. It shall be unlawful for any person not a member of the Phre Department to personate a fire- man or officer at a fire or in going to or retiring from an alarm of fire. 542 Sec. 38. It shall be unlawful for any person to place or keep ashes in any barrel, box or other wooden vessels, or on any wooded floor of any building. 543 Sec. 39. All scaffolds erected in this city for use in construction of buildings shall be well and saf(‘ly supported and of sufficient width and properly secured so as to insure the safety of persons working thereon or passing under or by the same, to prevent the falling thereof, or of any materials that may be used, placed or df;posited thereon ; any scaffold which may be otherwise erected shall be deemed a nuisance ; and any person who shall erect or use, or caused to be erected or used, any scaffold contrary to the provisions hereof, shall be subject to the penalty here- inafter provided, and to a like fine for every day the same shall remain after notice to remove. 544 Sec. 40. It shall be unlawful to permit chickens, turkeys or ducks to run at large within the cor- porate limits of the City of Fort Wayne. 545 Sec. 41. It shall be unlawful for any person to keep or maintain any coop in which chickens, ducks or turkeys are kept within a distance less than fifty feet from any dwelling. 546 Sec. 42. It shall be unlawful for any person to keep within the limits of the city more than two hives of bees upon any one lot at a time, and said hives must not be nearer than fifty feet to any street, or twenty feet to any alley or division line between lots or parts of lots of another. 547 vSec. 43. It shall be unlawful for any person to interrupt any funeral procession or funeral assembly or to to break into or drive any horse or conveyance through any funeral procession, cases of emergency excepted. ■i 367 DEFINING certain OFFENSES. 548 Sec. 44. It shall be unlawful for any person of this city to falsely represent himself to be an officer of the city, or shall, without being- duly authorized, exercise or attempt to exercise any of the duties, functions or power of said officers. 549 Sec. 45. It shall be unlawful for any person or persons to convey or transport over any of the streets in said city, which may have been or shall hereafter be ma- cadamized or paved with stone or other material, any dirt, earth, gravel, manure, chips or shavings, or other loose materials, unless the wago.i or other -adiicle containm.g such materials has a box with a tight bottom with the ends thereof closed, so as to prevent said materials or airy of them from falling upon such pavement. 550 Sec. 46. It shall be unlawful for any person to carry or haul upon, along or over any street or alley in the city any slops, manure or filth, unless it is contained in a tight or closed box or vehicle, so that the same cannot fall upon anv such highwav of said citv. 551 Sec. 47. It shall be unlawful for any person to idle or loiter in any public place, park, shed, car, car shop, outhouse, street, alley, railroad depot, switch house, or place where intoxicating liquors are sold within this city. 552 Sec. 48. It shall be unlawful for any person to be found lying or sleeping in, along or upon any public street, alley, park or other public place, or in any shed, stable, outhouse, building, warehouse, railroad depot or railroad car, in or about any yard, mill or manufactory in said city, without having the permission of the owner or occupant thereof to so slee]i or be in such place. 553 Sec. 49. It shall be unlawful for any person having the reputation of, or being known as a confidence man, -thief or felon, to be found in any shed, car, car shop, outhouse, railroad depot, or to be found pressing, forcing or elbowing his way into any cowd or collection of people, or to interfere or attempt to interfere with the free passage of any person or persons u])on or along any street, sidewalk or alley, or to be found in any public place unable to give a satisfactory account of himself, within the City of Fort Wavne. Personating city officers. Hauling dirt and rubbish over paved streets, when unlawful. Hauling slops, etc. Loitering on street or pub-' lie ground unlawful. Sleeping in sheds, cars, etc, unlawful, when. Confidence men in crowds un- lawful. 368 LAWS AND ORDINANCES. Gypsies to en- camp in city limits unlaw- ful. Penalty. Animals. Unlawful to run at large or to stake. Public pound. 554 Sec. 50. It shall be unlawful for any company or band of gypsies, or any number of persons traveling from place to place, and who make a practice of encamping in the open air, to encamp anywhere within the City of Fort Wayne. 554-A Sec. 51. Any person violating any of the provisions of this ordinance upon conviction shall be fined in anv sum not exceeding one hundred dollars ($100.00.) 554- B Sec. 52. All ordinances or parts of ordi- nances in conflict herewith are hereby repealed. 554-C Sec. 53. This ordinance to be in full force and effect from and after its passage, approval by Mayor and legal publication. [Approved November 18, 1899.] Ordinance Record i, page 344. GENERAL ORDINANCE NO. 129. N.V ORDINANCE prohibiting coivs, horses and other an- imals from running at large within the corporate limits of the City of Fort Wayne; for the providing of im- pounding, keeping, sale and redemption of; and pro- viding penalties for the violation thereof. 555 Sec. I. It shall be unlawful for any person or persons being the owner or having charge of any animal of the horse, cattle, goat, swine or goose kind, to permit the same to run at large upon any open lot, commons, streets alley, lane or public place within the limits of the City of Eort Wayne; that it shall be unlawful for any person to herd or stake any such animals in this section named, upon any street, alley, uninclosed lot or lands within the corporate limits of the city in such a manner as will allow said animal or animals to go within two hundred feet of any occupied building. 556 Sec. 2. There shall be established within the corporate limits of the city a suitable place for the purpose of impounding animals found running at large ; and the Board of Public Works shall appoint a Poundmaster ; said Poundmaster shall devote his time to the duties herein ANIMALS. 369 provided, and to such other duties relating thereto as the Board of Public Works may from time to time direct, and for such purposes he is hereby vested with police powers. He shall give bond to the city in the sum of five hundred dollars ($500.00) conditioned for the faithful performance of his duties, as in this ordinance provided ; he shall keep a book in which he shall enter a full description of every animal impounded by him, and the place from which the same is taken, the name of the owner as soon as ascer- tained, and the hour when impounded. He shall make a full account of all his doings and of all moneys collected by him as such Poundmaster, and shall pay the same to the Treasurer of said city, and the voucher of said Treasurer shall accompany said monthly reports. 557 Sec. 3. Tt shall be the duty of the Pound- master and the members of the police force to take up and impound any animal found running at large within the corporate limits of the city, or herded or staked on any street, alley, lane, commons or uninclosed lot in a manner other than is provided in Section i of this ordinance. Such animals shall be impounded at such place provided by the city, and the Poundmaster shall serve notice on the owner or owners personally if known, and if the owner be not known, cause to be published in the daily newspaper of said city which does the city’s printing, a notice to remove such animal within ten days from the said notification. Said notice shall contain a description of the animal, in- cluding color, weight, size, specie and any artificial mark on or attached to said animal, and state the time and place where the same will be sold at public auction, unless sooner claimed, removed and charges thereon paid and shall be preceded by the designation, ‘impounded animals,” in large heavy type and be signed by the Poundmaster. 558 Sec. 4. For every animal so impounded the owner or owners shall pay the following charges : For each horse, mule, swine or horned cattle $ .75 For each sheep or goat 25 For each goose 10 Poundmaster, duties thereof. Duty of Poundmaster and police of- ficers to take up animals running at large. Notice to owner. Publication. 370 LAWS AND OKDINANCES. Penalty for impounding. Poundmaster interfered with, unlaw- ful. Penalty. I^'or keeping- and feeding such animals so impounded per day, the following sums : For each horse, mule, swine or horned cattle $ .40 For each sheep or goat 15 For each goose 06 And no animal shall be released by the said Pound- master without the charges and penalties having been paid, which moneys, when received, shall be paid to the City Treasurer, who shall receipt for the same. 559 Si'X. 5. It shall be unlawful for any person or persons to interfere with the Poundmaster or with any person authorized to impound animals under this ordinance while in discharge of their respective duties, or to release or attempt to release any animals being taken to the pound, or thereafter impounded, or in custody of the Pound- master or other person or persons authorized to impound such animals. 560 Sec. 6. Any person or persons violating any of the provisions of this ordinance, upon conviction, shall be fined in any sum not to exceed one hundred dollars (vSt 00.00. ) 560-A Sec. 7. All ordinances and ])arts of ordi- nances in conflict herewith are hereby repealed. 560- B Sec. 8. This ordinance to be in full force and effect from and after its passage, approval by the Mayor and legal publication. [Approved October 28, 1899.] Ordinance Record i, page 309. Cigarettes, unlawful to sell without license. GENERAL ORDINANCE NO. 53. AN ORDINANCE to license, tax and regulate the sale of cigarettes within the City of Fort Wayne. 561 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That after August 30th, 1896, it shall be unlawful to engage in the business of selling cigarettes or to sell or give away any cigarettes within the City of Eort Wayne without having a license therefor. [As amended September 15, 1896.] FIREARMS. 371 Fee. 562 Sec. 2. The price of such license shall be five hundred dollars ($500.00) per year, payable in advance. 563 Sec. 3. Any person desiring such license shall pay to the City Treasurer the price therefor, and on such payment it shall be the duty of the Treasurer to issue to such person a receipt, showing the amount and date of payment and the purpose for which the same was paid. On presentation of such receipt to the Comptroller he shall thereupon issue a license for the period of one year. No license shall be issued for a period less than one year, and no license shall be transferable. 564 Sec. 4. Any person who shall engage in the business of selling cigarettes, or who shall sell any cigar- ettes within the said city without having a license therefor after said date, or who shall violate any of the provisions of this ordinance, shall be fined in any sum not less than one dollar ($1.00) or more than one hundred dollars ($100.00.) [Approved June 12, 1896.] Ordinance Record i, page 149. GENERAL ORDINANCE NO. 138. AN ORDIN ANCE concerning the sale of hrcarnis or guns or other devices for propelling missiles, to minors, pro- viding penalties. 565 Sec. I. Be it ordained by the Common Couneil of the City of Fort Wayne, That it shall be and is hereby declared to be unlawful for any person to sell or give away within the city, to any minor, any rifle (or gun for shooting powder or ball, or any air gun or air rifle) or other gun. rifle or device for shooting and propelling missiles. And it shall be unlawful for any minor to have in his possession any such gun, rifle or device on any of the public streets, allevs, lanes, avenues, parks or commons of said citv. 566 Sec. 2. Any person who shall violate the pro- visions of this ordinance shall, upon conviction thereof, be fined in any sum not more than twenty-five dollars ($25.00.) 566-A Sec. 3. This ordinance to be in full force and Duty of City T reasurer. Comptroller to issue license. Term of license. Penalty. Firearms. Minors, unlaw- ful to sell or give to. Penalty. 372 I.AWS AND ORDINANCES. Sprinkling crossings. Penalty. Throwing weight on sidewalk pro- hibited. Cutting into sidewalks prohibited. effect from and after its passage, approval by the Mayor and legal publication. [Approved October 28, 1899.] Ordinance Record i, page 335. GENERAL ORDINANCE NO. 9. AN ORDINANCE prohibiting persons from sprinkling street erossings and fi.ving a penalty for the violation of the same. 567 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be unlawful for any person or persons to sprinkle paved street crossings in the city. 567-A Sec. 2. Any person violating any of the pro- visions of this ordinance shall be fined in any sum not exceeding ten dollars ($10.00.) 567-B Sec. 3. This ordinance shall be in full force and effect from and after its passage and approval by Mayor and its publication in some newspaper of general circulation in said city once each week for two successive weeks. [Approved August 29, 1894.] Ordinance Record i, page 76. GENERAL ORDINANCE NO. 120. AN ORDINANCE to prohibit the injuring of any improved sidezvalks and matters eonneeted therezvith. 568 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be unlawful for any person to throw, hurl or cast any hitching weight or block, or any hard or heavy material, or object, on or upon the surface of any cement, brick or other smooth surface, improved sidewalk, in any street or alley in said city in such a manner as to injure the same. 569 Sec. 2. It shall be unlawful for any person to break, cut into or in any way injure the surface of any cement, brick or other smooth surface, improved sidewalk in any street or alleys in said city, without first having ob- tained permission from the Board of Public Works. traction and other engines. 373 570 Sfx'. 3. Any person violating the provisions of this ordinance shall, on conviction, he fined in any sum not exceeding- fiftv dollars ($50.00.) 570-A Sec. 4. This ordinance to lie in full force and effect on and after its passage, approval by Mayor and legal publication. (Apjiroved May 27, 1899.] Ordinance Record i, page 279. AN ORDINANCE regulating the use of bicycles and tricy- cles upon the streets of Port Wayne, and providing lights therefor. 571 Sec. I. Be it ordained by the Coninwn Council of the City of Fort Wayne (two-thirds of all the members concurring), That it shall be unlawful for any person or persons to ride in or upon any street, within the limits of the City of Fort Wayne, upon any bicycle or tricycle, be- tween the hours of eight o’clock p. m. and 4 o’clock a. m. without having on said bicycle or tricycle a lighted colored lamp or lantern, to warn the traveling public of the ap- proach of said vehicle. 572 Sec. 2. Any person violating any provisions of this ordinance shall forfeit and pay a fine of not more than one hundred dollars ($100.00.) Done at the Council Chamber in the City of Fort Wayne this ist day of July, 1892. C.' A. ZOLLINGER, Mayor. Attest: RUDY C. REINEWALD, City Clerk. GENERAL ORDINANCE NO. 132. AN ORDINANCE prohibiting traction and other engines or boilers from being propelled over and along certain streets of the City of Fort Wayne, and providing pen- alties for the violation thereof. 573 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be unlawful for any person, firm, company or corporation to propel or cause Penalty. Bicycles and tricycles. Colored lamps re- quired. Penalty. Traction 374 LAWS AND ORDINANCES. streets, pro- hibited, pelled by steam over engine pro- Engine pro- pelled by steam or horse power over streets, without smooth tires, prohibited. Penalty. Streets and alleys. Burning leaves pro- hibited. Penalty. to be propelled, by steam, over and along any street or alley of the City of Fort Wayne, any traction or other engine and boiler ; that it shall likewise be unlawful for any person, firm, company or corporation to propel or cause to be pro- pelled by steam or horse power, over and along any brick, sheet or block asphalt street, any traction or other engine and boiler without the tires of the wheels thereon are smooth ; Provided, That this ordinance shall not be con- strued to prevent the use of steam rollers or other apparatus employed, under contract with the City of Fort Wayne, for the improvement or repair of any street or alley of said city, and, provided, further, that this ordinance shall not apply to or be held to limit, modify or prevent the use of steam fire engines or other apparatus employed by the City of Fort Wayne in connection with any department of public service. 573-A Sec. 2. That any person, firm, company or corporation who shall violate any provisions of this ordi- nance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than ten dollars ($10.00) nor exceeding one hundred dollars ($100.00.) 573-B Sec. 3. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved August 12, 1899.] Ordinance Record i, page 321. AN ORDINANCE prohibiting the burning of leaves or other rubbish on streets improved either by asphalt or cedar block. 574 Sec. I. Be it ordained by the Coninwn Council of the City of Fort Wayne (two-thirds of all the members thereof concurring). That it shall be unlawful for any per- son or persons to burn or set fire to leaves or any other rubbish on streets improved either by asphalt or cedar block. 574-A vSec. 2. Any person violating the above ordi- nance shall be fined not to exceed one hundred dollars ($100.00.) f f rvi" '%r y ? ■y-. 1 , JUNK SHOPS AND SECOND-HAND STORES. 375 Done at the Council Chambers of the City of Fort Wayne this 24th day of November, 1891. C. A. ZOLLINGER, Mayor. Attest: RUDY C. REINEWALD, City Clerk. GENERAL ORDINANCE NO. 65. AN ORDINANCE prohibiting the advertisement of any commercial business by crying aloud or carrying any sign or banner over and along the streets in the City of Fort Wayne. 575 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be unlawful for any person or persons to cry aloud upon the streets or in the doorways of any place of business along the street adver- tising any commercial business whatever, or carry or have carried along and over the streets of said city, any signs, banners or displays of any kind or description intended to advertise any commercial business. 576 Sec. 2. Any person or persons violating this ordinance or any provision thereof shall be fined in any sum not exceeding one hundred dollars ($100.00.) [Approved January 15, 1897.] Ordinance Record i, page 178. GENERAL ORDINANCE NO. 56. AN ORDINANCE regulating the running of junk shops and second-hand stores zvithin the corporate limits of the City of Fort Wayne. 577 Sec. I. No person or persons shall run or carry on a second-hand store or junk shop within the corporate limits of the City of Eort Wayne without having first ob- tained a permit so to do, under a penalty of any sum not exceeding one hundred dollars ($100.00.) 578 Sec. 2. The Mayor (Comptroller) is herebv authorized to grant a permit to any person or persons who may apply to carry on a second-hand store or junk sho]:> Crying aloud on streets, advertising goods, pro- hibited. Violation, penalty. Second-hand and . junk shop. License. Penalty. Comptroller grant permit. 376 LAWS AND ORDINANCES. Bond required. Period of per- mit. Register of permit kept by Comptroller. License to keep a record of goods bought. How kept. Failure to keep, penalty. Book open to inspection by Mayor and Police. within the corporate limits of the City of Fort Wayne, on the following conditions : The person or persons so apply- ing shall execute a bond to the City of Fort Wayne in the sum of five hundred dollars ($500.00) conditioned that the said applicant, who will in every particular conform to the requirements of this ordinance, and with the require- ments and provisions of any ordinance hereafter passed concerning junk shops and second-hand stores. 579 Sec. 3. All permits issued under this ordi- nance shall be for the period of one year. 580 Sec. 4. The Comptroller shall keep a register of all permits granted under this ordinance, in which he shall record the names of the persons obtaining permits, the time of issuing and the place of business of the persons to whom such permits were granted. 581 Sec. 5. Every person to whom a permit is granted under this ordinance shall keep at his place of business a substantial bound book, in which he shall enter in writing a description of all property bought, the time when it was received and particularly mentioning any prominent or descriptive marks that may be on such prop- the person or persons from whom it was purchased, which erty purchased, together with the name and residence of said book shall be kept clean and legible, and no entry therein shall be erased, obliterated or defaced, and the en- tries therein shall be made with ink. Any person who has obtained a permit failing to comply with any of the pro- visions of this section shall forfeit to said city any sum not exceeding one hundred dollars ($100.00.) 582 Sec. 6. Any person to whom a permit is granted as aforesaid shall during the ordinary hours of business, when requested by the Mayor, Superintendent of Police or any police officer of the city, submit and exhibit such book as in fifth section provided for to the inspection of said Mayor or officer of the Police Department, and shall exhibit any pro])erty purchased in said business to the inspection of said Alayor or officer of the Police De- partment. Any ])erson who has obtained a permit failing to comply with any of the provisions of this section shall POLES AND WIRES. 377 forfeit to said city any sum not exceeding one hundred dollars ($100.00.) 583 Sec. 7. No person or persons receiving a per- mit under this ordinance shall purchase within the line of his business any article, property or thing from any minor, or any article, property or thing from any person, the own- ership of which property, article or thing is in or claimed by any minor, the said person or persons purchasing, know- ing said article, property or thing to be owned or claimed by such minor. Any person who has obtained a permit failing to comply with any of the provisions of this section, shall forfeit to said city any sum not exceeding one hundred dollars ($100.00.) 584 Sec. 8. Any person or persons violating any of the provisions of this ordinance, or of any ordinances here- after passed concerning the regulation of second-hand stores and junk shops, shall be subject, in the discretion of the Mavor, to have his permit revoked. 584-A Sec. 9. This ordinance to be in full force and effect on and after its passage and approval by the Mayor. [Approved June 29, 1896.] Ordinance Record i, page 157. Not allowed to purchase goods of minors. Violation of ordinance, penalty. GENERAL ORDINANCE NO. 81. AN ORDIN ANCE prohibiting any person, company or cor- poration, or any person acting for any person, company or corporation, to erect or niai)itain any pole or poles over and along any street or alley within the corporate limits of the city, or to string wires of any kind or for any purpose over and along such streets and alleys, without first obtaining from the Common Council of the City of Fort JVayne a permit or franchise to so do, and providing a penalty for the violation of the same. 585 Sec. I. Be it ordained by the Common Council Poles and of the City of Fort JVayne, Ind., That it shall be unlawful wires on for any person, company or corporation, or any person acting for any person or corporation, to erect or maintain when any pole or poles over and along any street or alley within 378 LAWS AND ORDINANCES Violation penalty. Circus, with parades con- taining certain animals, al- lowed, when. Bond. Violation, penalty. the corporate limits of the City of Fort Wayne, or string wires of any kind, or for any purpose, over and along such streets without such persons, company or corporation first obtaining a permit or franchise from the Common Council of said city so to do. 586 Sec. 2. Any person, company or corporation,' or any person acting for such person, company or cor- poration, violating any of the provisions of this ordinance shall be fined in any sum not to exceed one hundred dollars ($ioo.oo) ; and each day such pole or poles unlawfully stand or wires remain unlawfully strung shall constitute a sep- arate offense. 586-A Sec. 3. This ordinance shall be in full force and effect on and after its passage and approval and publica- tion. [Approved November 23, 1897.] Ordinance Record i, page 202. GENERAL ORDINANCE NO. 78. AN ORDINANCE requiring circuses, shozvs, menageries parading the streets of the city zvith elephants, camels, dromedaries or steam calliopes to give bonds, and pro- viding a penalty for the violation thereof. 587 Sec. I. Be it enacted by the Common Council of the City of Fort Wayne, That on and after the passage of this ordinance it shall be unlawful for any show, circus or menagerie to walk over and along the streets in the City of Fort Wavne in its parade, elephants, camels, dromedaries or other animals liable to frighten horses, or to make use of a calliope in the same manner without first executing to the City of Fort Wayne a bond in the sum of ten thou- sand dollars ($10,000.00), with resident freehold security, indemnifying said city against any loss or damage or any judgment that might he recovered against it by any person who, without negligence, had received personal injury by or in consequence of said parade. 588 Sec. 2 . Anyone violating the provisions of this ordinance shall, upon conviction thereof, pay a fine of not CURFEW. 379 less than two hundred dollars ($200.00) or more than five hundred dollars ($500.00.) 588 1-2 Sec. 3. This ordinance to be in full force and effect from and after its passage and approval by the Mayor. [Approved September 14, 1897.] Ordinance Record i, page 199. AN ORDIN ANCE to protect the public parks of the city. 589 Sec. I. Be it ordained by the Common Council of the City of Fort' Wayue, That it shall be unlawful for any person to knowingly, purposely or wantonly, to walk, stray or lounge upon the grass plats or flower beds of any of the public parks of the city, or to pluck flowers from or in any manner injure or molest any tree, plant or shrub growing thereon. Any person violating any provisions of this ordinance shall, upon conviction, forfeit and pay a fine to said city of not more than one hundred dollars ($100.00.) Done at the Council Chamber of the City of Fort Wayne this 9th day of April, 1889. CHARLES F. MUHLER, Mayor. Attest : W. W. ROCKHILL, City Clerk. GENERAL ORDINANCE NO. 92. AN ORDINANCE prohibiting children under the age of fifteen years to be found upon any of the public streets, alleys or public grounds of the city betzveen the hours of p o'clock P. M. and 4 o'clock A. M., standard time, from the first day of April to the first day of November, and from 8 o'clock P. M. to 4 o'clock A. M. from the first day of November to the first day of April of each year, and providing a penalty for the violation thereof. 590 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, hid.. That it is hereby made un- lawful for any person under fifteen years of age to be or remain in or upon any of the streets, alleys or public grounds in the City of Eort Wayne at night after the hour of 9 Public parks, injury to. Penalty. Curfew. Age of chil- dren prohibited ort streets after certain hours 380 LAWS AND ORDINANCES. Parent or guardian per- mitting, etc. Duty of police. Parents to be notified in case of arrest Duty of Mayor to investi- gate, etc. o’clock p. M. and 4 o’clock a. m., standard time, from the first day of April to the first day of November, and from 8 o’clock p. M. to 4 o’clock a. m. from the first day of November to the first day of April of each year, unless such person is accompanied by their 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 cus- tody of such minor person, or whose employment makes it necessary to be upon such streets, alleys or public grounds during the night time after such specified hours. 591 Sec. 2. It is hereby made unlawful for any per- son, guardian or other person having the legal care and custody of any person under fifteen years of age to allow or permit any child, ward or any person under such age while in his legal custody, to go or be in or upon any of the streets, alleys or public grounds of said city within the time prohibited in Section i of this ordinance, unless there exists reasonable necessity therefor. 592 Sec. 3. Each member of the police force, while on duty, is hereby authorized to arrest without warrant any person wilfully violating the provisions of Section i 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 arrested under this ordinance shall be placed in confinement until their parents have been notified and their wishes ascertained and they shall have refused to be held responsible for the observance of this ordinance by said minor person. 593 Sec. 4. It shall be the duty of the Mayor, upon the arrest of any child or minor person, where the parents or guardian have refused to become responsible for said minor person for violation of the provisions of Section i of this ordinance, to inquire into the facts of said arrest and the condition of circumstances of such child or minor person, 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 incorrigible, cause the proper PETROLEUM. 381 proceedings to be had and taken as authorized and pro- vided bv law in such cases. 594 Sec. 5. Any person violating any of the pro- visions of this ordinance shall, upon conviction, be fined in anv sum not exceeding twenty-five dollars ($25.00.) 594-A Sec. 6. This ordinance shall take effect and be in force from and after its passage, approval and publica- tion according to law. [Approved September 13, 1898.] Ordinance Record t, page 225. AN ORDINANCE regulating the storage of petroleum and other dangerous liquids. (Approved March 11, 1887.) (Amended April 24, 1888.) Chapter 37. Rev. Ord. 1887. 595 Sec. I. It shall be unlawful for any person to store or keep for sale, within the corporate limits of the City of Fort Wayne, any crude petroleum, refined petroleum, benzine, camphene, spirit gas, burning fluid or spirits of turpentine, exceeding a quantity of three barrels of fifty gallons each ; and it shall be unlawful to keep for sale or in storage any refined carbon oil, kerosene, or other product for illuminating purposes, of coal, rock or earth oils, except such refined oils as will stand a fire test of no degrees of Fahrenheit : and it shall be unlawful to keep any quantity of said articles exceeding one barrel of fifty gallons in any part of the building except the cellar, the floor of which shall be five feet below the grade of the street in front of said building; and no crude petroleum, gasoline, naptha, benzine, carbon oil, camphine, spirit gas, burning fluid or spirits of turpentine, shall be kept or stored in front of any building, or on any street, alley, lot or sidewalk for a longer time than is sufficient to receive in store, or in delivering the same : Provided, Such time shall not exceed six hours. 596 Sec. 2. It shall be unlawful for any person, company or corporation to use any building or premises within the city limits or within the distance of one mile therefrom, for the storing, keeping or distribution of any Penalty. Petroleum, etc, storage of. Quantity to be kept. Where kept. Storing of, where. Not to handle with lamp. Penalty. Bridges, speed in driving over. Number of cattle driven over bridge. Obstruction of bridges. 382 LAWS AND ORDINANCES. of the articles or goods named in the first section of Chapter 37 of the revised ordinances of the City of Fort Wayne, approved March ii, 1887, in greater quantities than herein named: Provided, That the Common Council may, in its discretion, perinit such use without the city limits, but within one mile thereof, when it shall be made to appear to the satisfaction of the Common Council by the plan of such building or premises, its location with reference to other buildings and management, that the same would not be dangerous to life or property. [As amended April 24, 1888.] 597 Sec. 3. No person shall draw or handle any oil or fluid named in the first Section of this chapter by lamp or candle. 598 Sec. 4. Any person violating any provisions of this chapter shall, upon conviction, forfeit and pay a fine of not more than one hundred dollars ($100.00.) 598-A Sec. 5. This ordinance shall be in force and take eft’ect from and after its passage. Done at the Council Chamber of the City of Fort Wavne, Indiana, this 24th day of April, 1888. CHARLES MUHLER, Mayor. Attest : W. W. ROCKHILL, City Clerk. GENERAL ORDINANCE NO. 151. AN ORDINANCE regulating the use of bridges zvithin the eorporate limits of the City of Fort Wayne, and pro- viding a penalty for the violation of the same. 599 Sec. I. No person shall drive, ride or lead any l;orse, horses or other animal or animals over and upon any public bridge within the corporate limits of the city faster than a walk. 600 Sec. 2. No person or persons shall drive or as- si'st in driving on or across any of the bridges within the limits of the city to exceed eight head of cattle or horses at any one time in a drove. 601 Sec. 3. It shall be unlawful for any person or persons to unnecessarily or wilfully remain or stop with a PUBLIC HALLS. 383 team or teams of horses, oxen, wagon, sleigh, sled or any other vehicle whatever upon the bridges in the City of Fort Wavne, or in or upon the approach of such bridges. 602 Sec. 4. It shall be the duty of all drivers or persons in charge of any wagon, dray, cart or vehicle of any kind to keep to the right when crossing the bridges of said citv. 603 Sec. 5. No person shall cut, deface or in any manner cut, mutilate the railing, floor or any part of such bridge or bridges, or of any appurtenances thereto, or com- mit anv nuisance on or from such bridge or bridges. 604 Sec. 6. The following ordinance is hereby re- pealed, to-wit : Chapter 9 of the Revised Ordinances of the Citv of Fort Wavne, approved March ii, 1887. 605 Sec. 7. Any person or persons violating any provision of this ordinance shall, upon conviction, be fined in any sum not less than one dollar ($1.00) nor more than fiftv dollars ($50.00.) 605-A Sec. 8. This ordinance to be in full force and efifect on and after its passage, approval by the Mayor and legal publication. [Approved January 26, 1900.] Ordinance Record i, page 375. AN^ ORDINANCE relating to the use of public halls. 606 Sec. I. Be it ordained by the Common Council of the City of Fort IVayne, That it shall be unlawful for any owner, lessee, manager or other person in charge of any building or room within the limits of said citv, to give or allow to be given any exhibition, show or entertainment of any kind in any such building or room with the ingress or exit doors of such building or room in any manner fas- tened, bolted or locked during any such exhibition, show or entertainment, or to keep such doors in any other man- ner during such exhibition, show or entertainment as would render exit at any moment difficult or hazardous in case of fire or panic. 606-A Sec. 2. Any person violating any provisions of this ordinance shall, upon conviction, forfeit and pay a To keep to the right on bridges. Defacing structure of bridges. Certain ordinances repealed. Penalty. Public halls, shows and entertain- nnents. Doors, not to be fastened during exhi- bition. Penalty. 384 LAWS AND ORDINANCES. False alarm. Making keys for boxes un- lawful. To have pos- session of keys for boxes, who. Refusal to de- liver up keys when de- manded, unlawful. fine to said city of not more than one hundred dollars ($ 100 . 00 .) 607 Sec. 3. This ordinance shall take effect and be in force from and after its due publication. Done at the Council Chamber of the City of Fort Wayne this 23rd day of August, 1887. ^ CHARLES F. MUHLER, Mayor. Attest : W. W. ROCKHILL, City Clerk. GENERAL ORDINANCE NO. no. AN ORDINANCE regulating the use of the fire alarm, tel- egraph and the boxes eonnected therewith, and prohibit- ing the giving of false alarms of fire. 608 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be unlawful for any person, knowingly, to give, or cause to be given, any false alarm of fire by means of any telegraph box connected to or with the fire alarm telegraph. 609 Sec. 2. It shall be unlawful for any person to make, or cause or permit to be made, any key or keys of or for any fire engine, hose or truck house or fire alarm telegraph box, except upon the written order and consent of the Chief of the Fire Department. 610 Sec. 3. It shall be unlawful for any person or persons (excepting such persons as may be granted writ- ten permission by the Chief of the Fire Department) to have or keep in their possession any key or keys of or to any fire engine, hose or truck house, or fire alarm telegraph box. 611 Sec. 4. It shall be unlawful for any person, to whom has been intrusted, or who shall hereafter be in- trusted with, the care or keeping of any key to any fire alarm telegraph box, to fail or refuse to surrender the pos- session of the same to the Chief of the Fire Department, whenever such person shall remove or change his place of residence. 612 Sec. 5. It shall be unlawful for any person to fail or refuse to surrender the possession of any key or / PUBLIC DRINKING FOUNTAIN. 385 keys to any fire alarm telegraph box upon the demand of the Chief of the Fire Department or order of the Fire Board. 613 Sec. 6 . It shall be nnlawfnl for any person, ex- cepting the members of the Fire Department or police force, to cut, remove or in any manner interfere with or disturb any fire alarms or police telegraph wire or post be- longing to the City of Fort Wayne. 614 Sec. 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. 614-A Sec. 8. Any person violating any of the pro- visions of the ordinance shall be fined in any sum not ex- ceeding* fifty dollars ($50.00.) 614-B Sec. 9. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved April 25, 1899. J Ordinance Record i, page 263. GENERAL ORDINANCE NO. 104. AN ORDINANCE prohibiting persons from zvatering dis- eased horses, eoivs and other animals at any zvell or piihlie drinking fountain of the City of Fort Wayne. 615 Sec. I. Be it ordained by the Common Couneil of the City of Fort Wayne, That it shall be unlawful for any person or persons to water any horse or hordes or any other animal that is afflicted with the glanders, nasal catarrh, or any other disease of contagious character, at any public drinking fountain within the corporate limits of the city. Any person violating any of the provisions of this ordinance shall be fined in any sum not exceeding one hun- dred dollars ($100.00.) 615-A Sec. 2. This ordinance to be in force and effect on and after its passage, approval bv the Mavor and legal publication. [Approved April ii, 1899.] Ordinance Record i, page 252. GENERAL ORDINANCE NO. 49. 616 Sec. i. Be it ordained by the Common Conneil Disturbing fire alarms, police wires, unlawful. Penalty. Public drink- ing fountains. Watering dis- eased horses prohibited. 386 LAWS AND ORDINANCES. Harrison street market wholesaling prohibited. Penalty Opening hydrant or fire plug time of fire pro- hibited. Penalty. of the City of Fort Wayne, That it shall be unlawful for any person or persons to sell at any time on the Harrison street market any vegetables, poultry, meats or any article or thing whatsoever for any use other than to be sold to the consumer. , 617 Sec. 2. Any person violating any of the pro- visions of this ordinance shall, upon conviction, forfeit and pay a fine of not more than five dollars ($5.00) nor less Mayor and the publication of the same once each week for than one dollar ($1.00.) 617-A Sec. 3. This ordinance to be in full force and effect from and after its passage and approval by the two consecutive weeks in a daily newspaper of general cir- culation, printed and published in the City of Fort Wayne, Indiana. [Approved March 10, 1896.] Ordinance Record i, page 140. GENERAL ORDINANCE NO. 108. A A ORDINANCE to restrain the use of street sprinklers and publie fire plugs during times of hre. 618 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be unlawful for any person or persons to open any public hydrant, fire plug, street or yard sprinkler, or turn any public stop-cock, or in any manner injure or interfere with the water source or other apparatus belonging to the water works, from the time an alarm of fire is first sounded by the fire bells until the signal of “fire out” is given by the Fire Department, excepting under the direction of the Chief of the Fire De- partment or by order from the officers of the water works company. 618-A Sec. 2. Any person violating the provisions of this ordinance, upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars (^loo.oo.) 618-B Sec. 3. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved April 25, 1899.] Ordinance Record i, page 260. BAKR street market. 387 GENERAL ORDINANCE NO. 52. AN ORDl NANCE regulating zvholcsaling and retailing of provisions and artieles of food upon the Barr street market, and providing a penalty for the violation of the provisions of this ordinance. 619 Sec. I. Be it ordained by the Common Council of the Cit\ of Fort IVayne, Indiana, That all that portion of Barr street between Main street and Washington street be used as a public market in said city, subject to the fol- lowing provisions in this ordinance contained. 620 Sec. 2. All articles intended and held for sale on said market may be offered for sale at retail on every morning of the week except Sunday, from daylight until JO o’clock A. M. of each dav. 621 Sec. 3. That it shall be the duty of the Market- master to superintend said market and keep it thoroughly clean and in a good order, and report to the Board of Public Works of said city improvements or alterations in or about such market as may be deemed necessary. He shall, during the hours fixed for the retailing of the pro- visions in Section 2 of this ordinance, be in constant at- tendance and preserve good order during said retailing market hours. He shall see that no imposition is practiced by seller or buyer ; cause the market vehicles to be so placed in the market space as best subserve the public generally ; take charge of, safely keep the weight and measures be- longing to the city for market purposes, only using them or suffering them to be used when testing any weights or measures employed by sellers in such market. He shall prevent or remove all obstructions or nuisances ready to exist or actually existing in the same ; direct, arrange and adjust the stands and situations for sale of all articles not sold from \vagons or rented stalls or stands ; he shall pre- scribe the kind of stands to be used and all other appliances in and about the market to be used for the placing of pro- visions thereon, and for the removal of the same ; he shall especially see that all of the provisions of this or any other ordinance passed in regard to said market be faithfully complied with, and that all violations of the same shall 00 Public market where. Time of market. Market- master. Duty of. Placing ve- hicles. Keeping and testing weights. Arrange stands on market. Prescribe kind of stands. Prosecute offenses. 388 LAWvS AND ORDINANCES. To sell stands, when. To give cer- tificate to each pur- chaser of stand privilege. Condition upon which privilege is sold. Price of stand per diem. Occupant of, to clean stall. Wholesaling on market prohibited. be prosecuted before the Mayor ; and to enable said Market- master to discharge the duties imposed upon him hereby, he is hereby invested with the powers of a police officer of said city. Tt shall be the duty of the Marketmaster, on the first Saturday of June in each year, to sell at auction on said market to the highest bidder for cash the right to occupy each stall or stand in said market from daylight until lo o’clock A. M., as provided in Section 2 of this ordinance, for the ensuing year for the purpose of selling and offering for sale at retail provisions and other articles of food, sub- ject, however, to all the provisions of this ordinance. And it shall be the duty of said Marketmaster to give to each purchaser of such right a certificate of such purchase with the name of the purchaser, the amount paid and the number of the stall or stand and the size of the space to be occupied by such purchaser for the purpose aforesaid. 622 Sec. 4. The renting of all stalls and stands as herein provided is upon express conditions that whenever any of said rented stalls or stands are not used for the purposes herein intended, it shall be lawful for the Market- master to assign any other seller the use of such stall or stand while not used bv the renter. 623 Sec. 5. It shall be the duty of the IMarket- niaster to assign any person who shall desire it, for the purpose of selling at retail his wares or produce, any stall or stand not rented or occupied and collect therefor and the use of the citv the sum of ten cents ($.101 per dav. 624 Sec. 6. It shall be the duty of everv butcher or occupant of any stall or stand on said market, before leaving the same, to cause his stall or stand to be thoroughly cleaned, and all animal or vegetable matter or rubbish there deposited by him to be cleared away from such market stall. 625 Sec. 7. No provisions or articles of food shall be sold at wholesale on said market from daylight until 10 o’clock A. M. of each day, and it shall be unlawful for any grocer, provision dealer or other person to buy on said BARR STREET MARKET. 389 market, during such hours before lo o’clock a. m., any Grocers not al- article or thing whatsoever for any use otherwise than that lowed to buy. of his own family. 626 Sec. 8. After lo o’clock a. m. of each week day it shall be lawful for any person to sell on said market at wholesale any provisions or articles of food, and the Marketmaster is hereby directed to make no charge for the privilege of selling at wholesale on said market after TO o’clock each morning. 627 Sec. 9. That all articles usually sold by weight or measure shall be sold on said market by weight or measure to be regulated by the established standards of the State of Indiana. Wholesaling, when allowed. Standard measurement and weight. 628 Sec. to. That the Marketmaster shall have in his keeping all scales, weights and measures belonging to said city, and use for market purposes and deliver the same over to his successor. It shall be unlawful for any person to sell or offer for sale any article on said market by weight except by weighing the same by scales or weights approved by the Marketmaster. 629 Sec. II. It shall be unlawful for any person to sell ‘or offer to sell any article on said market by false weights or by means of any scales or weights not governed by the standard of the state. 630 Sec. 12. It shall be unlawful for any person to sell or offer to sell on said market any article by dry measurement otherwise than in a vertical measure or one of uniform circumference from top to bottom. 631 Sec. 13. It shall be unlawful for any person to sell or offer or expose for sale on said market any butter in lumps or rolls unless each of such lumps or rolls be of some specified weight, and if any person shall sell or offer or exhibit for sale any such lumps or rolls on said market, and on examination the same shall fall short of such speci- fied weight, the owner of such butter or person exhibiting the same for sale, shall be subject to a fine as herein pro- vided. 632 Sec. 14. It shall be the duty of the Market- master, whenever he may suspect or be informed that any Marketmaster, keep scales and weights. False weights used, unlawful. Size of measure. Butter in lumps and rolls sold on market. Must be of specified weight. Marketmaster prosecute, when. 390 LAWS AND OKDINANCES. Horses and vehicles other than hitched to market wagons, pro- hibited on market. Marketmaster, report to Board of Safety. Clerk of Board to audit ac- count. Ordinances repealed. butter or article of provision offered or exhibited for sale on said market, and purporting to be a specified weight or quantity, is deficient in weight or measure, to try the same, and if upon such trial it should prove to be deficient in weight or measure, he shall cause the owner of such article of provision to be prosecuted before the Mayor of said city for violation of the provisions of this ordinance. 633 Sec. 15. It shall be unlawful for any person or persons to permit or allow any cart, wagon or dray or other vehicle or any horse or other animal to remain in the street or spaces in front or around said market during market hours, except such vehicle or animal as may be em- ployed in bringing provisions and other articles to and from said market, which animals and vehicles shall, while they remain at said market, be under the direction of the Market- master ; and the owner or person having charge of such vehicles and animals respectively shall place and arrange the same as the Marketmaster may from time to time direct. 634 Sec. 16. After the second Saturday of June in each year it shall be the duty of the Marketmaster to report to the clerk of the Board of Public Safety all stalls and stands in said market leased and occupied, with the names of such leasors or occupants, and all stalls and stands un- occupied and the amount received therefor ; and it shall be the further duty of the Marketmaster during the year to make a weekly report to the clerk of the Board of Public Safety of all moneys received by him for the renting of stalls or stands or from other sources. And it shall be the duty of the clerk of said Board to look over and audit said report and give to said Market- master an order on the Comptroller stating the exact amount of money due the city, as shown by the report, and the Marketmaster shall forthwith deposit in the treasury of said city said money so reported by him and receive a cjuietus therefor. 634-A Sec. 17. All ordinances or parts of ordi- nances in conflict herewith are herebv repealed. 635 Si-:c. 18. Any ]:>erson violating any of the pro- LOCOMOTIVES. 391 visions of this ordinance shall, upon conviction, be fined in anv Slim not exceeding one hundred dollars ($100.00.) ' 634-A Sec. 19. This ordinance shall be in full force and effect from and after its passage and approval by the Alayor and the jiublication of the same once each week for two consecutive weeks in a daily news])a])er of general circulation printed and published in the City of Fort Wayne. [Approved April 14, 1896.] Ordinance Record i, page 144. CENERAL ORDINANCE NO. 130. A A ORDl N /INCR to regulate the running of locomotives and cars in the City of Fort JVayne. 636 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be the duty of everv engineer, conductor or other person engaged in run- ning any locomotive, to ring the bell attached to such locomotive whenever the same shall be moving in or through this citv. 637 Sec. 2. It shall be unlawful for any engineer, conductor or other person having a railroad engine or train of cars in charge to permit the same to be run along any track in said city at a greater rate of speed than six miles per hour. 638 Sec. 3- It shall be unlawful for any person run- ning or controlling any locomotive to sound the whistle thereof or allow the same to be sounded within the cor- porate limits of said city, unless to ])revent accident that cannot otherwise be arrested. 639 Sec. 4. Whenever any animal shall have been killed by any locomotive or car within the limits of said city, it shall be the duty of the yardmaster of any railroad upon which such animal may have been killed to remove the same within twelve hours thereafter. 640 Sec. 5. It shall be unlawful for any person run- ning or controlling any locomotive to allow steam to escape from cylinder cocks for exceeding a distance of two hun- dred feet from any point of starting said locomotive ; nor Penalty. Locomotives, engineers to ring the bell. Rate of speed in city limits. Blowing whistle pro- hibited. Animals killed must be re- moved. Steam escap- ing from cylinder cocks. 392 IvAWS AND ORDINANCES. Watchman at rear end of car backing. Sign boards, must erect. Obstructing streets. Head light. Calhoun street crossing. Obstructing by switching prohibited. Interfering with funeral processions prohibited. shall the steam be allowed to escape therefrom in crossing any street or within fifty feet therefrom, excepting as above provided in cases of starting. 641 Sec. 6. It shall be unlawful for any engineer, conductor or other person, managing or controlling any locomotive or train of cars, to run or cause the same to run backwards in or through said city without providing for a watchman or other person on the rear end of such train to avoid accidents. 642 Sec. 7. Each railroad company shall erect at the entrance of such railroad within the city a sign board, having therein “stop speed and ring the bell” ■ legibly painted thereon, and the same so erected. 643 Sec. 8. It shall be unlawful for any company, corporation or person to deposit or place in the street any lumber or other material, or shall any such person load any car from the street with any material deposited thereon ; nor erect nor maintain any switch house or any building upon any street or highway within the citv limits. 644 Sec. 9. Every locomotive engine, railroad car or train of cars running in the night time upon any rail- road within such city shall keep, while running, a brilliant and conspicuous light upon the forward end of such loco- motive or train of cars. 645 Sec. 10. It shall be unlawful for any railroad company or corporation, whose railroad crosses Calhoun street, in the City of Fort Wayne, to switch any of the cars over said street, or to allow any of its cars in crossing to stand upon the track where the same crosses said street, for a longer period than two minutes at anv one time. 646 Sec. II. It shall be unlawful for any engineer, conductor or person in charge of any engine or train of cars, to obstruct any passage of any street in said city by moving or switching of any train on crossing for a longer period than five minutes. 647 Sec. 12. It shall be unlawful for any locomo- tive to lie run within the city in such a manner as to hinder or interfere with anv funeral procession. 648 Sec. 13. Superintendents of railroads running LOCOMOTIVES. 393 through the City of Fort Wayne shall furnish said engineer and train conductor operating trains on said railroads, and within the corporate limits of the City of Fort Wayne, a certified copy of this ordinance, and shall moreover furnish to any officer of said city applying therefor, the name of any person in the employment of said railroad company who shall have been charged with having violated any of the provisions of this ordinance. 649 Sec. 14. It shall be unlawful for any engineer, conductor or other person to leave any locomotive or car stand on any street or sidewalk within the limits of said citv longer than five minutes at any one time without sep- arating the train and allowing teams, vehicles, street cars and foot passengers to cross the railroad track. Calhoun street is excepted from this section and controlled by Section 10. 650 Sec. 15. It shall be the duty of the railroad companies operating lines within the corporate limits of the City of Fort Wayne to establish and maintain flagmen at the following railroad crossings in said city : At the erossing of Barr street and the sidewalks thereof by the New York, Chicago & St. Louis Railroad. At the crossing of Clinton street and the sidewalks thereof by the New York, Chicago & St. Louis Railroad. At the crossing of Clay street and the sidewalks thereof by the New York, Chicago & St. Louis Railroad. At the crossing of Van Buren street and the sidewalks thereof by the New' York, Chicago & St. Louis Railroad. At the dossing of West Main street and the sidewalks thereof by the Lake Shore & Michigan Southern Railroad. 651 Sec. 16. Said flagmen shall be provided with proper and conspicuous signals and shall give proper and timely notice to all persons about to cross said tracks, of the approach of a locomotive, and said flagmen shall pre- vent an}' person from standing on any track. For this pur- pose all flagmen shall be clothed with police power. 652 Sec. 17. That the Pittsburg, Fort Wayne & Chicago Railroad is hereby required to erect and maintain safety gates on each side of their tracks where the same Copies of this ordinance to be furnished railroads. Separating trains at crossings, when. Flagmen maintained. Signals given travelers. Police powers of flagmen. Safety gates, Pittsburg, and where. 394 LAWS AND ORDINANCES. Wabash, where. Jew York, Chi- cago & St. Louis railroad. Lake Shore & Michigan Southern rail- road. Competent men attend gates. Penalty. cross Broadway, Fairfield avenue, Calhoun street, La- fayette street, Hanna street and Wayne trace, in the City of Fort Wayne. 653 Sec. 1 8. That the Wabash Railroad is hereby required to erect and maintain safety gates on each side of their tracks where the same cross Broadway, Fairfield avenue, Calhoun street, Lafayette street, Hanna street and Walton avenue, in the City of Fort Wayne. 654 Sec. 19. That the New York, Chicago & St. Louis Railroad is hereby required to erect and maintain safety gates on each side of their tracks where the same cross Calhoun street, Harrison street and Columbia street, in the City of Fort Wayne. 655 Sec. 20. That the Lake Shore & IMichigan Southern Railroad is hereby required to erect and main- tain safety gates on each side of their tracks where the same cross Wells street and Cass street, in the City of Fort Wayne. 656 Sec. 21. A reliable and competent man shall be employed to operate each of said gates when erected, who shall be and remain at his post of duty from 6 o’clock a. m. to 9 o’clock I’. M. of each and every day when trains are running, except when relieved by some other reliable and competent man. 657 Sec. 22. Each and every one of said companies named in Sections 15 and 17 of this ordinance failing to erect and maintain flagmen and safety gates at and within the times as in this ordinance provided, shall be fined the sum of ten dollars ($10.00) on complaint of any citizen of said city filed before the Mayor, and every day the crossings are allowed to remain unprotected and without said gates, and flagmen, after the expiration of the time specified, sliall be deemed a separate offense as to each of said companies required to maintain flagmen and safety gates at the particular crossing about which said complaint is made. 657-A Sec. 23. All ordinances and parts of ordi nances in conflict herewith are herebv repealed. 657-B Sec. 24. Any person or persons violating any ELECTRIC HANGING LAMPS. 395 of the provisions of this ordinance, except Sections 15 and 17, upon conviction, shall be fined in any sum not exceeding fiftv dollars ($50.00.) 657-C Sec. 25. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved July ii, 1899.] Ordinance Record i, page 313. AN ORDINANCE requiring railroad companies to place electric hanging lainps at street railroad crossings in the public streets. 658 Sec. I. Be it ordained by the Common Council of the City of Fort JVayne (two-thirds of the members thereof concurring), That all the railroad companies owning or operating a line of railroads in or through the limits of the City of Fort Wayne, and crossing public streets with their said tracks, be required, when ordered by resolution of the Common Council, to place, or cause to be placed, electric hanging lamps at any and all streets and railroad crossings as ordered by Council ; said lights to be of the kind used bv the said citv in the lighting of street crossings. 659 Sec. 2. Any railroad company or corporation who shall by themselves, their agents or employes, violate or fail to observe any of the provisions of this ordinance, or any agent or employe of any railroad company or rail- road or railroad corporation or other person who shall violate or fail to observe the same, shall for each violation or failure to observe the same, forfeit and pay a fine of not more than one hundred dollars ($100.00.) Done at the Council Chambers this 24th day of Octo- ber, 1893. C. A. ZOLLINGER, Mavor. Attest: RUDY C. REINEWALD, City Clerk. GENERAL ORDNANCE NO. 31. AiV O RDNIANCE authorizing the issuing of permits to tap savers and drains constructed by order of the city, Penalty. Railroad companies. Hanging lamps at railroad crossings. When. Failure to comply with ordinance. Penalty. 396 LAWS AND OKDINANCES. prescribing the manner of making sneh connections and specifying the kinds of material to be used ; also, author- icing the issuing of lieenses to sewer builders, fixing the standard for the qualification of such persons and providing for their examination; also, prohibiting the depositing of eertain substances, sneh as garbage, rags, etc., into sewers or drains; prescribing the manner of such permits and licenses, and providing a penalty for the violation of any of the provisions of this ordinanee. Tapping sewers. Under direc- tion of Board of Works. Penalty. Licensed sewer builder Permit ob- tained, from whom. Application containing what. 660 Sfx. I. Be it ordained by the Common Couneil of the City of Fort Wayne, That no connection with or opening into any sewer or drain connected by order of the city, shall be made except under the direction and super- vision of the Board of Public Works, at times and places prescribed by said Board and in such manner as herein- after provided. Any connection already made or that may hereafter be made contrary to the proAnsions of this ordi- nance shall be removed when required by said Board. 661 Sec. 2. Any person who shall make, permit or cause to he made, any connection with any sewer or drain contrary to the provisions of the foregoing section shall, in addition to the penalty hereinafter provided for the viola- tion of the provisions of this ordinance, incur a further penalty of five dollars ($5.00) for each day that such for- bidden connection shall remain after three days’ notice from said Board of Public Works to remove the same. 662 Sec. 3. No person shall tap any public sewer or drain or make any connection or extension of any con- nection previously made therewith within the boundary lines of anv street, alley or public place in said city, unless he shall he a licensed sewer builder, as hereinafter provided : and such licensed sewer builder shall, before making any such extension or connection, obtain a separate and distinct permit from the Board of Public Works for each tap, ex- tension or connection so made. All applications for such permits must he made in writing for such licensed sewer builders, and must he acconqxmied by a clear description of the premises and of the drains required, stating the water closets, sinks and other fixtures to be connected SEWERS AND DRAINS. 397 therewith, twenty-four hours previous to the opening of any street, alley or public place for the purpose of making such connection : Provided, said Board shall make no charge for the permits granted under the provisions of this section. 663 Idnc. 4. In the opening of any street, alley or public place all material for paving or ballasting must be removed with the least possible injury or loss of same, and together with the excavated material from the trenches must be placed where they will cause the least possible incon- venience to the public. As little as possible of the trench must be dug until the junction of the sewer is found, unless it is first determined to make a new junction and whenever required sheeting and braces must be used. to prevent caving; and in no case, except by express orders of the Board of Public Works or the City Civil Engineer, shall the width of the excavation be less than twenty inches or more than six inches greater than the outside traverse diameter of the pipe. 664 Sec. 5. The material to be used in all private sewers and drains shall be hard, burnt brick, soft glazed, or vitrified clay pipe, as may be determined by the Board of Public Works or the City Civil Engineer, and no ma- terial shall be used in the construction of any private sewer or drain unless previously approved by the said Board of Public Works or said Engineer. 665 Sec. 6. The least inclination that will be allowed for connections with water closets, kitchen and all other drains liable to receive solid substances, is one-half inch in two feet, and for cellar or other drains to receive water only, one-fourth of an inch in two feet. 666 Sec. 7. The inlets of all drains connected with water closets, sinks, down-spouts or catch basins must be securely guarded against the introduction of sand, earth or other solid substances by means of grates or other appli- ances, and all drains of whatsoever nature which shall be connected with any main or lateral sewer must be provided with a suitable trap or catch basin thoroughly trapped, and no privy vault shall be connecterl with such sewer unless, in the opinion of the Board of Public Works or Citv Civil Excavations, how made. Kind of ma- terial used. Inclination of drains. Traps, must be. 398 I.AWS AND ORDINANCES. Automatic gate valve. Disturbing old drains or pipes. Party not as- sessed pay $40. Licenses granted to whom. Fee. Engineer, suitable arrangements are provided to thoroughly flush the same by the introduction of sufficient water from sinks, down-spouts or other sources. 667 Sec. 8. b hat for the purpose of protecting the sewers and drains in the city and for the purpose of pro- tecting those whose premises are connected therewith from damages 13 V overhow or water setting back from such sewer, it shall be the duty of such person, in the discretion of the City Civil Engineer, whose premises are connected with such sewers of the city, to provide an automatic stop valve or gate valve therefor in said connection, so that the water cannot flow back from said sewers through such con- nections. 668 Sec. 9. Whenever it becomes necessary to dis- turb any old drain in actual use it must in no case be obstructed without special orders from the Board of Public Works or the City Civil Engineer, and in case a water or gas pipe is encountered the question of passing over or under such pipe, or raising or lowering the drain, must be determined by the said Board or said Engineer. 669 Sec. 10. No owner or occupant of any prem- ises, not having been directly assessed for such premises in making a sewer, shall tap or drain into such sewer until he shall have complied with the provisions of this ordinance and paid into the treasury for the city the sum of forty dollars ($40.00), and no person shall be allowed to drain into the connection with such sewer of any other person except by permission of the Board of Public Works or City Civil Engineer, and as herein provided. 670 Sec. II. The City Comptroller is hereby author- ized to grant licenses for the period of one year, on the order of the Board of Public Works, to such persons as said Board may deem proper, permitting such licenses to tap the public sewers and drains and to make connections therewith either directly or by tapping or using lateral sewers or drains connecting with a sewer or drain, whether ]niblic or private, in any street, alley or public ])lace of the city, for which such person shall pay before the issue of such license the sum of two dollars SEWEKS AND DRAINS. 399 ($2.00.) No person shall receive a license to become a licensed sewer builder in said city until he has furnished the Board of Public Works, who shall sit as a board to de- termine such matters, with satisfactory evidence that he is a person in every way qualified to perform the duties which he undertakes in a skilful and workmanlike manner, and previous to receiving such license the applicant thereof shall file a bond with the Board of Public Works in the sum of five thousand dollars ($5,000.00), to be approved by said Board and conditioned that he will save harmless and in- demnify the City of Fort Wayne from any loss or damage that may be occasioned in anywise by accident, whether by back water or other cause, or want of skill, or care on his part in the prosecution of such work, or that may be occa- sioned by reason of any opening made by him in any street, alley or public place in the making of any connection with any public or private sewer as aforesaid ; that he will con- form in all respects to the city ordinance and such rules and reg'ulations as may from time to come be established by the Board of Public Works in relation to laying private drains and connections, putting in junctions and tapping public sewers and drains, and that he will pay all fines and penalties imposed upon him for any and all viola- tions of such ordinances, rules and regulations. Upon the filing of such bond, the City Comptroller, on the order of the Board of Public Works, shall issue to the applicant a licensed sewer builder’s license in the same manner as provided for other city licenses. Said Comptroller shall keep a register of all licenses, and the Board of Public Works shall keep a record of all permits issued under the provisions of this ordinance, and the record so kept by said Comp- troller shall contain the name of the person licensed, time of issuing and place of business, or residence of same, and no license shall be issued for a greater nor less period than one year. 671 Sec. 12. The Board of Public Works shall have the power to revoke or rescind the license issued to any person under and by virtue of any of the provisions of this ordinance if said Board, in their judgment, deem such per- son incompetent or unqualified to put in, tap or construct Examination of applicant as to fitness. Bond. Comptroller to keep register of licenses issued. Board can revoke licenses, when. 34 4U0 LAWS AND ORDINANCES. Garbage, etc., not to be thrown into drains. Not to injure or obstruct drains. Not to connect with unfin- ished sewers. Penalty. sewers, or do any work authorized or permitted to be done under and by virtue of such license ; also said Board shall have the power to revoke the license of any person who, in their jndg'inent, has violated any of the provisions of this ordinance, or the city ordinances, or the rules of said Board relating to any subject governed by the provisions of this ordinance. 672 Sec. 13. No owner or occupant of any prem- ises shall deposit or permit to be deposited any substance such as garbage, grease, rags, sand or earth, or any other such substances in any of the sewers or drains of the city, or pipes of houses, gullies or catch basins connected therewith. 673 Sec. 14. No person shall wilfully or maliciously damage, injure or obstruct any sewer or house drain, cess- pool or water closet pipe or any other connection laid or constructed bv or under the authoritv of the citv. 674 Sec. 15. No person shall be permitted to drain into or make any connection with any public sewer or drain which may be in course of construction until the same has beeen fullv completed and accepted by the Board of Public Works. 675 Sec. 16. Any person who shall violate any or either of the provisions of this ordinance, or who shall fail or neglect to comply with any or either of the requirements thereof, shall, on conviction, pay a fine of not less than five dollars ($5.00) nor more than one hundred dollars (Sioo.oo. ) 675-A Sec. 17. All ordinances and parts of ordi- nances in conflict herewith are herebv repealed. 675-B Sec. 18. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and the publication of the same once each week for two successive weeks in a daily newspaper of general circulation printed and published in the City of Fort Wayne. [x\pproved May 14, 1895.] Ordinance Record i, page 102. FLUSHING SEWERS, ETC. 401 GENERAL ORDINANCE NO. 46. AN ORDINANCE licensing persons engaged in the occu- pation offiushino sezvers sink drams ^ water pipes and other pipes, by steam pressure, within the City of Fort Wayne, Indiana. 676 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be unlawful for any person or persons, firm, company or corporation to engage in the occupation of flushing or cleaning out sewers, sink drains, water pipes and other pipes by steam pressure within the corporate limits of the said city, without first obtaining a license as hereinafter provided. 677 Sec. 2. The Comptroller of said city is hereby authorized to license any person or persons to follow the occupation of flushing and cleaning out sewers, sink drains, water pipes and other pipes, upon such person paying into the city treasury the sum of two dollars ($2.00) as a license fee for the right to follow said occupation, for one year from the date thereof ; and also, upon such person giving a bond to the city to be approved by the Mayor, in the penal sum of five thousand dollars ($5,000.00), conditioned for the faithful observance of all ordinances to the city, and conditioned that such persons will indemnify and hold said city harmless for any damage done or caused to said city by reason of the issuing of said license. Said license shall not be issued for a shorter period than one year. 678 Sec. 3. Any person or persons who shall come within the provisions of this ordinance by using a steam boiler upon the streets of said city, in order to carry on said business, shall have a covered wagon enclosing said boiler, and shall not permit steam to escape therefrom nor permit or cause any noise that will be likely to frighten horses upon the street, and shall not carry over sixty-five pounds steam pressure and shall use no other fuel except anthra- cite coal or coke. 678-A Sec. 4. All ordinances or parts of ordi- nances in conflict herewith are hereby repealed. 679 Sec. 5. Any person who shall violate any of the Flushing ewers, etc. License. Comptroller to issue license to sewer flushers. Fee. Time. Bond. Regulation of work. Repeal. 4U2 LAWS AND ORDINANCES. Penalty. Sewers to be connected with vaults, etc. T rap in connecting sewers re- quired. Penalty. provisions of this ordinance shall, upon conviction, be fined in anv sum not exceeding- ten dollars ($10.00.) 679-A Sec. 6. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and the publication of the same once each week for two consecutive weeks in a daily newspaper of general circulation printed and published in the City of Fort Wayne. [Approved January 28, 1896.] Ordinance Record i, page 13 C ' GENERAL ORDINANCE NO. 24. AN ORDINANCE requiring the owners of vaults, drain pipes and other seiver pipes, situated upon lots abutting on a street or alley , in which there is a puhlie sezver, to connect the same zvith said sezver, and providing for a penalty for the violation of the same. 680 Sec. I. Be it ordained .by the Common Council of the City of Fort IVayne, That it shall be the duty of every owner of vaults, drain pipes or sewer pipes situated upon lots abutting .upon a street or alley in which there is a public sewer, to properly connect the same with said sewer, placing therein the necessary traps and apparatuses for per- fect drainage. 681 Sec. 2. Any person violating any of the pro- visions of this ordinance shall, upon conviction, pay a fine of not more than ten dollars ($10.00), and for each day’s continuance in violation thereof shall constitute a separate offense. 681 -A Sec. 3. All ordinances and parts of ordi- nances in conflict herewith are herebv repealed. 681 -B Sec. 4. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and the publishing of the same once each week for two consecutive weeks in a daily newspaper of general cir- culation printed and published in the City of Eort Wayne, Indiana. [Approved November 13, 1894.] Ordinance Record i, page 94. LICENSE PLUMBEKS, ETC. 403 GENERAL ORDINANCE NO. 89. AN ORDINANCE to license phunhers, gas Utters and water pipe Utters and regulating their employment in and upon the streets, alleys and public grounds in the City of Fort Wayne, Indiana. 682 Sec. I. Be it ordained by the Common Couneil of the City .of Fort Wayne, That hereafter no person, firm or corporation shall engage in the business of plumbing, gas fitting or water pipe fitting, in or upon any of the streets, alleys or public places ,of the City of Fort Wayne, unless said person, firm or corporation shall have first ob- tained a license so to do from the said City of Fort Wayne, and shall have given bond in the sum of five thousand dollars ($5,000.00), payable to the City of Fort Wayne, as hereinafter provided. 683 Sec. 2. Any person, firm or corporation desir- ing to engage in the business or occupation of plumbing, gas fitting or water pipe fitting in or upon any of the streets, alleys or public grounds in the City of Fort Wayne, shall, before entering upon such employment, file an application for a license with the Board of Public Works, which appli- cation shall state the business in which the applicant desires to engage, and said applicant shall also file his bond with the said Board of Public Works with at least two freehold sureties in the sum of five thousand dollars ($5,000.00), payable to the City of Fort Wayne, Indiana, and to the approval of the Board of Public Works. Said bond conditioned that the applicant for said license shall perform all services and labor in the said busi- ness named in said application in a good workmanlike man- ner. That applicant will, before making any opening in any street, alley or public place, for the purpose of prosecuting his said work, apply for and obtain a separate and distinct permit from the Board of Public Works. That in the application for said permit said applicant will give an exact location of the place opened and the character of the work to be done ; and conditioned further, that said applicant will guard excavations made in a way to protect the public; refill all openings made in streets. Plumbsrs, gas fitters and water pipe fitters. License. Bond. Application for license. thermit to open streets. 404 LAWS AND OKDIXAXCES. Guard excava- tions. Extent of lia- bility on bond. Comptroller issue license. Term of license. Violation. Penalty. alleys and public places within the city in a careful manner, and maintain such refilled ])laces for a period of two years thereafter; and conditioned further, that if applicant makes excavations in any paved street or alley, that said displace- ment shall be repaired with such new material and in such proportions as the pavement originally contained. And that if said conditions are not so performed, said applicant and sureties shall be liable on said bond for such failure in damage to the City of Fort Wayne, Indiana, or to any person, persons or corporations that may be injured by said failure, and the City of Fort Wayne or any one in- jured may recover on said bond. 684 Sec. 3. Whenever any application is presented and bond filed and approved, as is herein provided, the Comptroller is hereby authorized to grant a license to such applicant upon the order of the Board of Public Works, and upon said applicant paying the sum of two .dollars ($2.00), and it shall be the duty of the clerk of the Board of Public Works to file said application and record said bond. 685 Sec. 4. No license issued under the provisions of this ordinance shall be good for more than one year from its date, and thereafter a new application and bond must be filed and new license issued under the provisions of this ordinance, the same as if none had been filed or license issued. 686 Sec. 5. Any person, firm or corporation en- gaging in the business or occupation of plumbing, gas fitting or water pipe fitting in or upon the streets, alleys or public grounds of the City of Fort Wayne, or attempting to so engage without having first obtained a license and file a bond as provided in this ordinance, or shall in any way violate any of the provisions of this ordinance, shall, on conviction of such violation, pay a fine not exceeding one hundred dollars ($100.00) and not less than five dollars ($=5.00) for each offense committed. 686-A Sec. 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 686-B Sec. 7. This ordinance to be in full force on and after its passage and approval by the ]\Iayor and the OIL, GASOLINE, ETC. 4U5 publication of the same once each week for two consecutive weeks in a daily news]ja])cr of ^^eneral circulation i)rintcd and jmhlished in the City of Injrt Wayne. fA])]jroved June 28, 1898.] (Ordinance Record i, ])a^e 218. CiEXl'.RAL ORDINANCE NO. 29. AN ORDI N ANCJi rc(juiring persons engaged in selling oil, eoal oil, gasoline or petroleum to take out a lieense, and fixing a penalty for the violation of the same. 687 Six. 1. Be it ordained by the Common Couneil of the City of Fort Wayne, That every ])erson who sells, barters, exchanc^es or offers for sale any oil, coal oil, gaso- line or ])etroleuin in any form in, u])on, along or through the streets, avenues, alleys or other ])ublic ])laces of said city, or traveling from ])lace to place therein, either on foot or with ^iny kind of vehicle, shall before engaging in such business obtain from the Citv Com])troller a license so to do. 688 Six. 2. d'he license charges shall be six dollars ($6.00) ]xr annum, or one dollar ($i.oo) ])er month : Pro- vided, That no license shall be issued for a period less than three months at a time. That each , person licensed under this ordinance shall be required* to have fastened upon the wagon or vehicle that he may use a “dri]) ])an” to prevent esca])ing oil from dropping u])on the street or sidewalk. I As amended August 8, 1899.] 689 Sec. 3. Any person violating any of the pro- visions of this ordinance shall be (leemed guilty of a mis- demeanor and shall be fined in any sum not to exceed ten dollars 10.00.) 689-A Sec. 4. All ordinances and ]>arts of ordi- nances in conflict herewith are herebv re])ealed. 689-B Sec. 5. This ordinance shall be in full force and effect on and after its passage, ap])roval by the Mayor and the legal iniblication of the same once each week for two consecutive weeks in a daily news])apcr of general cir- culation printed and published in the City of h'ort Wayne. Indiana. [A])proved March 13, 1895.J Ordinance Record i, page 100. Oil, gasoline, etc., sale of. License. Comptroller shall issue. Fee. Time of license. Drip pan, shall use. Penalty. 406 LAWS AND ORDINANCES. Peddlers and hawkers. Comptroller to issue. Article of medicines sold from wagons. Fee per annum. Term of li- cense. License not transferable. GENERAL ORDINANCE NO. 32. AN ORDINANCE requiring peddlers and hawkers to take out a lieense, and -fixing a penalty for the violation of the same. 690 Sec. I. Be it ordained by the Common Couneil of the City of Fort Wayne, That every person who sells,' barteis or exchanges or offers for sale, barter or exchange any fruits, vegetables, eggs, butter, poultry, beets or other farm produce, fish, goods, wares, medicines, merchandise or other articles of value in, upon or along any street or alley or other public places in said city, or traveling from place to place therein either on foot or with any kind of a vehicle, shall, before engaging in such business, obtain from the City Comptroller a city license so to do. 691 Sec. 2 . Where such produce, provisions, goods, wares, medicines, merchandise or other articles of value are carried in vehicles drawn by animal power, a license of sixty dollars ($60.00) per annum shall be paid for each veliicle so used, and when such produce, provisions, goods, wares or other articles are carried in vehicles propelled by hand or otherwise on the person, each person so engaged in selling shall be required to take out a license and pay a fee of sixty dollars ($6o.co) per annum. No license re- quired under this ordinance for the sale of fruits or vege- tables, or both, shall be granted for a shorter period of time than one year ; for all other articles in this ordinance men- tioned a license shall be granted for the period of one year at sixty dollars ($60.00) per year, or by the month at the rate of ten dollars ($10.00) per month. [As amended June 29, 1896.] 692 Sec. 3. No license issued or granted under any of the provisions of this ordinance shall be in any manner assignable or transferable, or authorize any other person than the one mentioned therein to sell, or authorize any other class of articles than therein s]3ecified to be peddled unless such transfer or permission is entered of record in the Citv Comptroller’s office on the order of the flavor. 693 Sec. 4- Every person using a vehicle and licensed to sell, barter or exchange any articles of value PEDDLEKvS and hawkers. 407 whatsoever, under any of the provisions of this ordinance, shall have conspicuously posted or painted on each vehicle so used a sigai made of wood or tin, bearing the name of the person so licensed, the number of the wagon, the class of articles to be sold, and the words, “Licensed vender,” in plain English letters and figures ; and said sign shall not be less than two feet in length and twelve inches in width. It shall be the duty of every person selling, bartering or ex- changing any goods or other articles of value, under any of the provisions of this ordinance, to carry his license or permit with him while so selling, bartering pr exchanging of goods, merchandise or other articles of value upon and along the streets and alleys or other public ])laces in said city, ^nd such person shall, when requested either by an officer or a j^rivate citizen, produce or show to such person or officer either the license or ]:>ermit of the IMayor under which he claims to be selling. 694 Sec. 5. No license granted or issued under any of the provisions of this ordinance shall be so construed as to entitle any person to the privilege of occupying a stand in any market space or market house, street, lane, alley or commons with table, bench or otherwise, nor authorize the sale, huckstering, peddling by ,a licensed vender, upon or in any of the market space or market houses of the city, or upon any streets contiguous thereto during'the market hours, nor allow any person or persons selling any goods, wares or merchandise at wholesale to the trade, to deliver the same without said person or persons so selling have first received orders for such goods, wares or pierchandise at their re- spective ])laces of business, whether it be at store building or from the car, nor shall any of the provisions of this ordi- nance be so construed as to authorize the sale of goods, wares or merchandise or any article of provisions or vegeta- bles or farm products by auction or public outcrv, nor shall any of the provisions of this ordinance be so construed so as to prevent the farmer or producer from selling at any time or in any place within the city any article of provisions or vegetables grown or produced by him, or to persons selling exclusively at wholesale to retail dealers in the city. [As amended June 29, 1896.] Number of li- cense and name of owner of wagon. Owner to carry license with him. Must exhibit license, when requested. License does not authorize market privi- leges. To sell at wholesale only upon or- ders having been received Does not apply to farmers. 408 LAWS AND ORDINANCES. License re- voked. Penalty. Auctioneer. License. 695 Sec. 6. Any person licensed under this ordi- nance who sells or exchanges or, who has in*his possession, with intent to sell or exchange, or offers for sale or ex- change any unwholesome produce, poultry, meat, fish, or unwholesome milk, or milk to which water or any foreign substance has been added, or who shall be guilty of any fraud, cheat, misdemeanor or imposition while acting in such capacity, or who shall violate any provision of this ordinance, shall be punished by a fine of not less than one dollar ($i.oo) nor more than fifty dollars ($50.00), and the Mayor may, on proof of such violation ,by any person licensed under this ordinance, revoke the license issued to the offender. 695-A Sec. 7. All ordinances or parts of ordi- nances in conflict herewith are herebv repealed. 695-B Sec. 8. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and the publication of the same once each week for two consecutive weeks in a daily newspaper of general cir- culation printed and published in the City of Fort Wayne. [Approved May 14, 1895.] Ordinance Record i, page 107. GENERAL ORDINANCE NO. 55. AN ORDINANCE to license auctioneers. 696 Sec. I. Be it ordained by the Coninwn Council of the City of Fort Wayne, That it shall not be lawful for any person within the City of Eort Wayne to exercise the business, trade or vocation of an auctioneer, nor to sell real estate, or any interest therein, without having first obtained from said city a license for that purpose, as hereinafter provided ; and any person violating this section shall forfeit and pay not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for every offense: Provided. That sales at public auction made by Sheriff, master in chancery, coroners, collectors, marshals, policemen, con- stables, executors and administrators, by virtue of their re- AUCTlONEEKvS. 409 spective offices, are hereby exempt from operation of this section. 696-A Sec. 2. Any person may become an auc- tioneer and be licensed to sell real and personal property at public auction at a place to be named in said license upon payment to the city of a license fee as follows : To auc- tioneers, for the period of one year, for the sum of one hundred dollars ($100.00.) Persons so licensed to sell at auction shall have but one regular place of business, to be designated in said license, and shall keep or use but one auction or salesroom and shall not permit other persons to sell under their licenses ; any person licensed not complying with the provisions of this section shall forfeit and pay said city not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for each offense, and the Mayor at his discretion may revoke the license. 697 Sec. 3. Any other person who shall desire to sell at auction shall procure a license and shall pay for any such license the sum of ten dollars ($10.00) per day for the first ten days of such sale, and the sum of five dollars ($5.00) per day thereafter during* the continuance of such sale, under a penalty of not less than twenty dollars ($20.00) nor more than one hundred dollars ($100.00.) 698 Sec. 4. It shall be unlawful for any auctioneer or his agent or crier, to sell or cry, or off'er for sale, at public auction, any articles, goods, wares or merchandise upon any street, alley, sidewalk or public ground ; but such auctioneer shall sell all such articles and things offered for sale by him at public auction in the room or warehouse occupied by him, and he shall so arrange his place of sale in said room or warehouse that no portion of the bidders or bystanders will be compelled or required to stand or remain on the street or sidewalk in front of his said auction rooms or warehouse. Any auctioneer or person convicted of a violation of this section shall forfeit and pay to said city a sum not exceeding one hundred dollars ($100.00) for every offense, and on conviction for a second offense the Mayor may, in his discretion, revoke the license. 698-A Sec. 5. All ordinances or ])arts of ordi- Penalty. Annual license fee. Auctioneers place of bus- iness, where. License fee by the day or month. To sell goods at auction on streets un- lawful. Goods sold at auction must be inside of building. Violation of ordinance, penalty. 410 LAWS AND ORDINANCES. Ordinances repealed. Branch stores to sell bank- rupt stocks, etc. License re- quired. License fee. nances in conflict with this ordinance are hereby repealed. 698 -B Sec. 6. This ordinance to be in full force and effect from and after its passage and approval by the Mayor. [Ajiproved June 29, 1896.] Ordinance Record i, page 154. CxENERAL ORDINANCE NO. 106. AN ORDIN ANCE licensing, taxing and regulating branch stores or csfablislinienfs , and all other concerns cst ib- lislicd in the City of Fort Wayne for temporary business only, and repealing all ordinances or parts of ordinances in condet therewith. 699 Sec. I. Be it ordained by the Common Couneil of the City of Fort IVayne, That it shall be unlawful for any person or persons, without having flrst obtained a spe- cial license therefor, as hereinafter provided, to establish any branch store or estalilishment or concern for the pur- pose of conducting or carrying on a temporary business in the City of Eort Wayne, or to sell at auction, retail or otherwise, in said city any goods, wares or merchandise which shall have previously been offered for sale elsewhere, and which are exposed for sale in said City of Fort Wayne as placarded or advertised as “bankrupt stock,” “bankrupt sale,” “assignee’s sale,” “sale of damaged goods,” “dam- aged stock,” “closing out sale,” “receiver’s sale,” “fire sale,” or any similar form or placard, sign or advertisement. Any person or persons desiring to establish a branch store or other concern in the City of Fort Wayne for temporary business purposes only, or to auction, retail or offer for sale any such goods, wares or merchandise, shall, before estab- lishing anv such branch store or business or before any of such goods, wares or merchandise are so sold or offered for sale, pay to the Treasurer of said city a license fee of two hundred and fifty dollars ($250.00) per week therefor, and upon the presentation of the receipt of said Treasurer to the City Comptroller of said city, shall receive from said Comptroller a license so to do. No license shall be issued for a less time than one week nor for a greater time than BILLIARD TABLKS, POOL TABLES, ETC. 411 four weeks in any one period. Said applicant shall pay to said city, throiys^h its Comptroller, a fee of one dollar ($i.oo) for issuing said license, and the Comptroller shall keep a register of the names of all snch persons to whom such licenses shall be issued, the length of time for which they shall have been issued, and the place where said sales are to be made. The provisions of this ordinance shall not apply to public officers or persons making sales under any order or decree of any court. Any person violating the provisions of this ordinance shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars ($100.00), or imprisonment for any period not exceeding thirty days, or both. Each day’s sales made in violation of the provisions of this ordinance shall constitute a separate offense. 699-A Sec. 2. That any ordinance or part of any or- dinance in conflict herewith be and the same is hereby re- pealed. 699-B Sec. 3. This ordinance shall take effect and be in force on and after its passage, approval by the Mayor and legal publication. [Approved April ii, 1899.] Ordinance Record i, page 256. AN ORDINANCE regulating the use of billiard tables, pool tables, ete. (Approved March 11, 1887.) (Chap. 38, Revised Ordinances, 1887.) 700 Sec. I. No person shall have or keep for gain, within said city, or the distance of two miles therefrom, any billiard table, pool table, bagatelle, or pigeon hole table, pin allev or shooting gallerv. 701 Sec. 2. Whenever any person shall pay to the City Treasurer on or before the first day of Jime of each year the sum of ten dollars ($io.oo) for each billiard, pool, bagatelle or pigeon hole table, pin alley or shooting gallery, that he shall own or keep, the City Treasurer shall give snch person a commutation certificate, stating the number of tables, alleys or galleries upon which snch commutation is Sales by pub- lic officers not included. Penalty. Billiard, pool tables, etc. License. 412 LAWS AND ORDINANCES. How paid. Penalty. Poles, license. Issued by Comptroller. Statement filed each year. Chart filed, showing loca- tion of poles. granted. Said certificate shall be a full discharge of any and all penalties due said city under any ordinance of said city, relating to such tables, alleys or galleries, until the first dav of June after its execution. 702 Sec. 3. Any person violating any provision of this chapter or ordinance shall forfeit and pay a fine of not more than one hundred dollars ($100.00.) GENERAL ORDINANCE NO. 45. AN’ ORDIN ANCE regulating the use and maintenance of poles in and upon the streets, alleys and public places in the City of Fort IVayne, by telegraph, telephone, electric light, railway, street raihvay and other companies, cor- porations, drnis and individuals, providing a license therefor, fixing the fee to be paid for said license and repealing all ordinances in conflict therezvith. 703 Sec. I. Be it ordained by the Common Council of the City of Fort IVayne, That no telegraph or telephone pole or poles used by electric light, railway, street railway or other companies, corporations or individuals, shall be erected or maintained in the streets, alleys or other public places in the City of Eort Wayne, unless a license therefor shall first be obtained from the City Comptroller of the said Citv of Eort Wayne. 704 Sec. 2. It shall be the duty of every telegraph, telephone, electric light, railway, street railway and all other companies, corporations or individuals owning poles in the streets, alleys and public places in the City of Eort Wayne, to file with the said Comptroller, on the first Monday of March in every year, a statement in writing, under oath, showing the whole number of poles owned by them in the streets, alleys or other public places in the City of Fort Wayne. 705 Sec. 3. It shall further be the duty of said com- panies, corporations, firms and individuals to make a chart, showing the streets, alleys and other public places in the City of Fort Wayne wherein are located the poles enum- erated in the statement herein provided, and indicate ac- POLES. 413 curately the position of each of said poles and file the same as a part of said statement. 706 Sec. 4. It shall be lawfnl for the Board of Pub- lic Works to cut down and remove at any time after said statements and charts are filed all poles not returned as herein provided. 707 Sec. 5. Said companies, corporations and indi- viduals shall, on the first Monday of March in every year, make application to the said City Comptroller for a license to maintain the poles owned by them in the streets, alleys and other public places in said city for the ensuing year. 708 Sec. 6. Said companies, corporations and indi- viduals shall pay into the city treasury for the use of said City of Fort Wayne, on the first Monday of March, the sum of one dollar ($1.00) annually for each and every pole for which a license shall be granted in accordance with the provisions of this ordinance. 709 Sec. 7. If said City Comptroller shall not be satisfied as to the correctness of any statement so made by any company, corporation, firm or individual, he shall have the power to require the principal officer or any officer of said companies and corporations, and individuals, to appear before him with books and papers and submit to an examination concerning said matters. If it shall thus be ascertained by the said City Comptroller the full number of poles in use has not been returned, as above provided, he shall order the company, corporation, firm or individual in error to pay into the city treasury forthwith the de- ficienev ascertained by said examination. 710 Sec. 8. Any company, corporation, firm or in- dividual violating any of the provisions of this ordinance shall, upon conviction thereof, be fined in any sum not ex- ceeding one hundred dollars ($100.00) nor less than twenty-five dollars ($25.00), and each day’s default in pro- curing said license, as hereinbefore provided, shall consti- tute a separate offense. 7 10- A Sec. 9. All ordinances or parts of ordinances or resolutions heretofore made or ordained and passed, which are inconsistent with the provisions of this ordinance, are hereby repealed. Board may re- move all poles not li- censed. Application to maintain poles, to be made each year. License fee. Power of Comptroller to examine books. Penalty. 35 414 LAWS AND ORDINANCES. 710-B Sec. io. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and the publication of the same once each week for two consecutive weeks in a daily newspaper of general cir- culation printed and published in the City of Fort Wayne. [Approved January 17, 1896.] Ordinance Record i, page 128. GENERAL ORDINANCE NO. 51. AN ORDINANCE regulating the use and maintenance of pipes or pipe lines in, along or under the streets, alleys and public places in the City of Fort Wayne, for supply- ing and conducting artificial and natural gas, providing a license therefor, fixing the fee to be paid for said license, and repealing all ordinances in conflict there- with. Gas lines. License. Statement filed with Comptroller, when. Chart of line filed with statement. 711 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That pipes or pipe lines shall not be maintained or used in, along or under any of the streets, alleys or public places in the City of Eort Wayne by any company, corporation, firm or individual, for supply- ing and conducting artificial and natural gas, unless a license therefor shall be obtained from the City Comptroller of the City of Fort Wayne. 712 Sec. 2. All said companies, corporations, firms or individuals shall file with the City Comptroller, on the first Monday of May in every year, a statement in writing, under oath, of the location, character and length of all pipes or pipe lines owned by them in, along or under any of the streets, allevs or public places in the Citv of Fort Wavne. 713 Sec. 3. It shall further be the duty of said companies, corporations, firms and individuals to make a chart, sliowing the streets, alleys and other public places in the City of Fort Wayne, wherein are located the pipes or pipe lines owned by them, and indicate accurately thereon the position of each of said pipes or pipe lines, and file the same with the statement herein provided. 714 Sec. 4. Said companies, corporations, firms and . 1 ] PIPES OR PIPE LINES. 415 individuals shall, on the first Monday of May of every year, make application to the said City Comptroller for a license to use and maintain the pipes or pipe lines owned by them in, along or under the streets, alleys and other public places m the Citv of Fort Wayne for the ensuing vear. 715 Sec 5. Said companies, corporations, firms and individuals shall pay into the city treasury, for the use of the City of Fort Wayne, on the said first Monday of May annually, the sum of one-fourth (1-4) cent per lineal foot for each pipe or pipe line for which a license shall be granted in accordance with the provisions of this ordinance. 716 Sec. 6. If said City Comptroller shall not be satisfied as to the correctness of any statement so made by any company, corporation, firm or individual, he shall have the power to require the principal officer or any officer of said companies, corporations, firms, and individuals, to appear before him with papers and books and submit to an examination concerning said matters. 717 Sec. 7. Any company, corporation, firm or in- dividual violating any of the provisions of this ordinance shall, upon conviction thereof, be fined in any sum not ex- ceeding twenty-five dollars ($25.00) nor less than five dol- lars ($5.00), and each day's default in procuring said license, as hereinbefore provided, shall constitute a separate offense. 717-A Sec. 8. All ordinances or parts of ordinances or resolutions heretofore made or ordained and passed, which are inconsistent with the provisions of this ordinance, are herebv repealed. 717-B Sec. 9. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and the publication of the same once each week for two consecutive weeks in some daily newspaper of general circulation printed and published in the City of Fort Wayne, Indiana. [Approved March 24, 1896.] Ordinance Record, page 142. Application for license, when License fee. Bring books and papers upon request of Comp- troller. Penalty. Repeal. 416 LAWS AND ORDINANCES. Shooting gal- leries unlaw- ful without license. Theatrical per- formances, exhibitions, etc., license for. License granted by Comptroller. Application. License, fees required. GENERAL ORDINANCE NO. 131. AN ORDINANCE providing for the licensing and regula- tion of certain things, and providing a penalty for the violation thereof. 718 Sec. I. It shall be unlawful for any person, compaiiy or corporation to keep for hire or pay within the corporate limits of the City of Fort Wayne, or within two miles thereof, any shooting gallery, lifting, striking, blowing or pulling machines, swing or revolving swings or other device kept for hire or pay, without first procuring a license herein required. It shall likewise be unlawful for any per- son, company or corporation to exhibit or participate in exhibiting in the City of Fort Wayne, or within two miles thereof, any theatrical performance, any show or puppets, legerdemain, ventriloquism, wax figures or animals, and display of tumbling feats, rope or wire walking or dancing, or sleight-of-hand, skating rink, any circus, menagerie, natural or artificial curiosity, deception or representation, or any musical performance or concert, or any exhibition of stereopticon views, phonographs or similar invention for the use of which money is charged, either as an entrance fee or for each separate or a collection of said instruments, or any other display, show, exhibition or performance of a similar description, without first procuring a license. 719 Sec. 2. The license herein provided for may be granted by the Comptroller of the city upon an application being made by the proper party, citing in the application the time, place and character of the exhibition to be given. Upon such application being filed, the Comptroller shall issue an order to the Treasurer for the payment of such license fees as hereinafter provided and upon the delivery of the receipt of the Treasurer to him for the amount paid shall issue said license. For theatrical performances within doors, for which an entrance fee of fifty (50) cents and over is charged, one dollar ($1.00) for each performance. For theatrical performances within doors, for which entrance fees less than fifty (50) cents is charged, seventy- five (75) cents for each performance. LICENSING AND KEGLLATION. 417 For each first class circus, hippodrome or menagerie, not including side-shows, for which an admission of fifty (50) cents and over is charged, one hundred dollars ($100.00) per day. For any circus, hippodrome, menagerie, not including side-shows, for which an admission fee of twenty-five (25) cents and less than fifty (50) cents is charged, fifty dollars ($50) per day. For any circus, hippodrome, menagerie, for which an admission fee of less than twenty-five cents is charged, twenty-five dollars ($25.00) per day. For each separate side-show, five dollars ($5.00) per day. I'or each dog or ])ony show, where twenty (20) cents admission and more is charged, ten dollars ($10.00) per day. For each dog or pony show, where less than twenty »’2o) cents admission fee is charged, six dollars ($6.00) per day. h'or each side-show to any dog or pony show, three dollars ($3.00) per day. For medicine venders appearing under tents and giving any show, theatrical performances, concerts or exhibitions, whether for an admission fee or free of charge, $5.00 per day. For skating rinks, one dollar ($1.00) per day, when such rink is actually used and an admission fee charged. For shooting galleries, for each target in use, twenty- five dollars ($25.00) per year, five dollars ($5.00) per month, two dollars ($2.00) per week, or one dollar ($1.00) per day. For any swing, revolving swing, or whirling, striking, lifting, blowing, pulling or electric machines, telescope, ring board or any other device for hire or pay, per year, fifty dollars ($50.00) ; per month, five dollars ($5.00) ; per week, three dollars ($3.00) ; per day, one dollar ($1.00.) For all exhibitions of ventriloquism, wax figures, an- imals, rope and wire walking, and tumbling feats, sleight- of-hand performances (not connected with a regular licensed show or circus), or natural or artificial curiosities. 418 LAWS AND ORDINANCES. Lectures on science and arts, etc., ex- cepted. License, how long. Not transfer- able. Subject to ordinances. Mayor may re- fuse to issue. Provisions, to contain. Penalty. Places where concert is prohibited. stereopticon views, phonographs or any similar inventions, two dollars ($2.00) per dav. 720 Sec. 3. No provisions of this ordinance shall be deemed to apply to lecturers on scientific, historic, benevolent or literary subjects, or to apparatus for the elucidation of the same, or to specimens of fine arts, or to any concert or entertainment, or the conducting of any ex- hibition, not indecorous or immoral, the net profits of which are devoted exclusively to any religious, charitable or scientific purpose. 721 •Sec. 4. No license shall be granted for a longer period than one year, neither shall the same be as- signable or transferable or authorize any person to do busi- ness or act under it but the person named therein. 722 Sec. 5. Every license granted under this ordi- nance shall at all times be subject to the ordinances of the city existing when the same shall be issued, or which shall thereafter be passed so far as the same applies, and the Mayor may, in his discretion, refuse to grant any such license when he has reasonable cause to believe that the giving of any such proposed exhibition would be a viola- tion of anv ordinance of the citv. 723 Sec. 6. All licenses for entertainments where a license is required shall contain a provision that no gambling, raffling, lottery or chance gift, distribution of money, or any articles of value shall be connected therewith or allowed by the persons or parties obtaining such licenses ; or in any way permitted or held out as an inducement to visitors : also a proviso that no indecent, immoral, lewd or scandalous play or other representation or exhibition shall be given under such licenses. Whoever violates the provisions of his, her or their license as aforesaid shall forfeit and pay a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for every ofifense, and it shall be the duty of the Mayor to revoke the license of anv ])erson or persons upon conviction of anv ofifense. 724 Sec. 7. No person or persons shall be allowed to give any concert or entertainment in any licensed saloon within the City of Fort Wayne and within four miles thereof. Any person or persons violating the provisions of LICENSING AND KEGUEATION. 419 this section shall be fined in a snin not less than five dollars ($5.00) nor more than fifty dollars ($50.00), and shall have his license revoked. 725 Si*:c. 8. It shall be unlawful for any person or persons to destroy, tear, mutilate, cover over or otherwise deface any bill or poster (posted in such places as may be permitted by the owners) descriptive of any performance or entertainment given in any licensed theatre, hall or in pur- suance of any license given by the city, and any person violating the provisions of this section shall be fined not exceeding twenty-five dollars ($25.00) for every violation thereof. 726 Sec. 9. No chairs, stools or seats of any de- scription shall be placed across the lobby, aisles or passageways in any theatre, hall or ])ublic place, and it shall be the duty of the police force to see that the foregoing provision is strictly observed, and in case of any violation thereof forthwith proceed to clear any obstructed aisle, pas- sageway or lobby and to arrest the ofifender or offenders, who shall be fined for such violation in any sum not ex- ceeding twentv-five dollars ($25.00. ) 727 Sec. to. It shall be unlawful for any person or persons to stand in the lobby or entrance of any public place or on the sidewalk adjacent to and within fifty feet of such entrance after the request to “move on” has been made by the owner, lessee or any police officer, under a penalty of one dollar ($1.00) for everv such offense. 728 Sec. it. The Comptroller shall keep a record of all licenses issued in a book kept for that purpose. 729 Sec. 12. Any person who shall violate any of either of the provisions of Sections i and 2 of this ordi- nance, or who shall neglect or fail to comply with any of the requirements thereof, shall upon conviction, forfeit and pav a fine of not more than one hundred dollars ($100.00.) 729-A Sec. 13. All ordinances and parts of ordi- nances in conflict herewith are herebv repealed. 729-B Sec. 14. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and legal publication. (Approved August 8, 1899.] Ordinance Record i, page 317. Penalty. Destroying posters and bills. Penalty. Lobbies and aisles to be kept clear. Duty of police. Penalty. Standing in lobby or en- trance. Penalty. r.scord kept. Penalty. 420 LAWS AND OKDINANCES. Milk division of Board of Health. Under charge of City Bac- teriologist. Milk analyzed, record kept. Annual report filed with Board of Health. Assistants, ap- pointment of. Assistants to wear metal stars. Police powers, extent of. GENERAL ORDINANCE NO. 128 . AN ORDINANCE establishing a division of the Depart- ment of Health, to be knoivn as the “Milk Division.’’ 73Q Sec. I. There is hereby established a division of the Department of Health and Charities of the City of Fort Wayne, to be known and designated as a “Milk Division,’" which shall embrace the City Bacteriologist and such other inspectors and employes as the Department of Health and Charities may find necessary. 731 Sec. 2 . The City Bacteriologist, under the supervision of the Department of Flealth and Charities, shall have charge of the milk division of the Department of Health and Charities, and control, direct, regulate, supervise and manage its operations. Said City Bacteriologist shall keep a record of every analysis or test of milk or cream that may be made, and all reports that are made to him under the provisions of this ordinance by any and all his assistants, all of which shall be open to the inspection of the public. He shall make an annual report of the transac- tions, receipts and disbursements which have occurred in his department, the Department of Health and Charities, and such other data as may be of public interest. Said City Bacteriologist shall have the power to give such instructions to the assistants appointed by the Department of Health and Charities to carry out the provisions of this ordinance, subject to the restrictions herein contained, and the rules and regulations adopted by said Board as may be necessary to secure the proper observance thereof. 732 Sec. 3 . The Department of Health and Chari- ties shall appoint such assistants as may be necessary to efficiently carry out the provisions of this ordinance, and such assistants shall, when on duty, wear a metal star, de- signed by said City Bacteriologist, which shall be supplied and be the property of the city. Such assistants shall have the power on demand made therefor to require the aid, assistance or protection of any police officer in the per- formance of any duty enjoined herein; to arrest all persons found violating any of the terms or provisions of this ordi- nance, and shall have full power to perform all duties of a BOARD OF HEALTH. 421 policeman as are now provided by the laws and ordinances of the city. 733 Sec. 4. No person or persons, firm or corpora- tion shall sell or offer for sale, expose for sale, dispose of, exchange or deliver, or with the intent so to do, as afore- said, have in his or their possession, care, custody or control, milk or cream for human food without his being licensed so to do. To obtain such license, he, she or it shall file an application with the Department of Health and Charities of said city in the form required by the Department of Health and Charities, which form shall require such appli- cant to state where the dairy house of such person is sit- uated ; where his depot, if any, is situated ; how many cows he keeps or intends to keep under such license ; where such cows are kept ; whether all the milk he will sell will be pro- duced by cows at such place, or whether he intends to purchase milk ; how many wagons, if any, that such appli- cant desires to use under such license. If the Department of Health grants such application, it shall be the duty of the City Comptroller to issue licenses upon receipt of said application, properly signed and approved by the said De- partment of Health and Charities, and upon the payment of one dollar ($1.00) to the Comptroller, said Comptroller shall issue a license to the applicant. If said licensee desires to change the same in any particular, he shall file an appli- cation with the Department of Health and Charities and be allowed so to do, and be given a credit as to any sum he has paid on the former license, and only require to pay the additional fee, if the additions had been asked for at the time the original license had been asked for. All licenses shall be granted for one year from the time they are issued and no longer. 734 Sec. 5. No milk nor cream shall be sold nor offered for sale, nor be exchanged, while being conveyed or carried on any wagon, carriage or other vehicle, or be delivered from any vehicle, unless there shall be painted on said vehicle, and on both sides thereof, in a conspicuous place, and in legible Roman characters, the name of the milk vender or the name of the dairy furnishing such milk and the number of wagon and of the license under which Milk dealers licensed. Application, form of. License fee. Term of license. Vehicles used, kind. 422 LAWS AND ORDINANCES Vlilk standard. Skimmed milk sold, how. Buttermilk sold how. the same is being done ; also, any person selling milk from can carried by hand shall cause his name and number of his license to be painted on said can. No milk other than skim-milk or buttermilk shall be kept for sale, or offered for sale, or be stored, exchanged, transported, conveyed, carried or delivered, with such intent to sell or ofifer for sale, or be in the care, custody, control or possession of anyone with such intent, if it contain more than eighty-eight (88) per centum of watery fluid or less than twelve (12) per centum of total solids, of which total solids three and one-half (3 1-2) per centum shall be butter fat. Nor shall any cream be sold or offered for sale, ex- changed, delivered or be transported or carried for purposes of sale, or be offered for sale, exchanged or delivered as cream that contains less than eighteen (18) per centum of butter fat, and any milk that contains more than eighty- eight (88) per centum of watery fluids or twelve (12) per centum of total solids, of which total solids less than three and one-half (3 1-2) per centum are butter fat, shall be known as skim-milk, and shall only be sold as skim- milk and not otherwise. • 735 Sec. 6. No skim-milk shall be sold, offered for sale, exchanged, delivered, transported or carried in any wagon, carriage or other vehicle unless the same is carried and contained in a can or vessel painted red, on which are conspicuously painted or printed the words “skim-milk” in large plain Roman letters not less than two inches long. 736 Sec. 7. Nothing in this ordinance shall be so construed as to prohibit the use or sale of what is known as buttermilk, provided the same is procured from pure and wholesome milk. Should buttermilk, however, be sold, kept, offered or exposed for sale, exchanged or transported, conveyed or carried, or be in the care, custody, control or possession of anyone with the intent as aforesaid, which is not the product of pure and wholesome milk, the offenders shall be deemed guilty of violating this ordinance. All officers and assistants acting under and by virtue of this ordinance shall have the power to examine and enter. AT. ■1 BOARD OF health. 423 and have full access, egress and ingress to all places where milk or cream is stored or kept for sale, to all wagons, car- riages or other vehicles, railroad cars or conveyances of any kind used for the conveyance, transportation or delivery of milk ; to any warehouse, place of business, factory, build- ing, farm, stable, railroad depot, establishments or places of any kind ; to all vessels, cans, packages, refrigerators or receptacles of milk or cream ; and to take samples of milk or cream therefrom, not exceeding one quart, for the purpose of inspecting, testing or analyzing the same, and to make report thereof to said City Bacteriologist. And it shall be his duty to keep said report where the public can examine the same, and furnish to any newspaper de- siring the same the nature thereof. All samples of milk and cream taken or brought to the office of the Department of Health and Charities by the employes thereof, or by any other person, shall be analyzed or otherwise satisfactorily tested, and whenever and wherever said milk or cream so tested or analyzed shall be found violating the provisions of this ordinance, the necessary steps shall be taken for a prosecution for a violation thereof. 737 Sec. 8. No person, firm or corporation shall sell, ofifer for sale, expose for sale, exchange, deliver, dispose of, transport, convey or carry, or with any such intent as aforesaid, have in his or their care, custody, con- trol or possession, any milk or cream having or containing any foreign or other substance of any kind whatever, or any coloring matter, or any adulteration or preservative whether for the purpose of artificially increasing the quan- tity of the milk or cream or for the preserving the condition or sweetness thereof, or any other purpose whatever. 738 Sec. g. No person shall sell, offer for sale, ex- change, deliver, transport or carry, for the purpose of sale, exchange or delivery, or have in his custody, possession, care or control, with intent to sell, offer for sale, exchange or deliver, or expose or offer for sale, exchange, transporta- tion or delivery, any milk or cream for human food which is unclean, impure, unhealthy, diseased, unwholesome, adulterated or not of the standard or quality provided for Officers authorized to enter places where milk is kept. Adulteration or coloring prohibited. Impure milk, sale of pro- hibited. 424 LAWS AND OKDINANCKS. When milk may not be sold. Hotelkeepers and res- taurants sub- ject to ordi- nance. Penalty. Second viola- tion. License re- voked. Penalty. Cow stables examined. by this ordinance, or milk or cream to which water or any foreign substance has been added, or milk or cream pro- duced from sick or diseased cows, or milk or cream produced from cows fed on the refuse or slops from distilleries, brew- eries, vinegar factories, or any similar slop, mash or refuse, or on any other than good and wholesome food, or milk or cream that has been exposed to or maintained or affected by the emanation, discharges or exhalations from any human beings or animals sick with any contagious or infectious diseases by which the health or life of any person may be endangered, compromised or in any way affected. 739 Sec. 10. No milk or cream shall be sold, kept, offered or exposed for sale, stored, transported, exchanged, carried, delivered or in any manner disposed of, drawn from cows within fifteen days before and ten days after parturi- tion, nor shall the same be mixed with any other milk or cream for such purposes. 740 Sec. II. Every hotel keeper, restaurant keeper or boarding house keeper who furnishes milk or cream to his or their guests or boarders shall be in all respects sub- ject and amendable to the provisions of this ordinance, saving and excepting the obtaining of license. 741 Sec. 12. Any person violating any of the pro- visions of this ordinance, or failing to do or perform any of the duties and acts required to be done by this ordinance, and any officer or employe whose duties come within the purview of this ordinance, who wilfully violates or assists in the violation of any of the provisions of this ordinance, shall, on conviction thereof, be fined in any sum not exceed- ing one hundred dollars ($ioo.oo.) If any person is convicted of a second violation of any of the provisions of this ordinance committed after the first conviction, the court rendering such judgment shall, in addition to the fine, cancel any license then held by such person enabling him to sell milk or cream within the limits of said city. 742 Sec. 13. It shall be the duty of the City Bac- teriologist or one or more of the assistants employed in the milk division of the Department of Health and Chari- BOARD OF HEALTH. 425 ties, to visit and carefully examine each and every stable where cows are kept, from which milk is produced or sold under the licenses to be issued under the provisions of this ordinance, as often as he thinks necessary to prevent the violations of this ordinance, which shall not be less than twice each year, and make and file a report of the condi- tions and surrounding's in which said stables and the cattle therein are kept, cared for and fed. 742-A Sec. 14. All ordinances or parts of ordi- nances in conflict herewith are herebv repealed. 742-B Sec. 15. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved July ii, 1899.] Ordinance Record i, page 303. GENERAL ORDINANCE No. 118. AN ORDINANCE relating to the public health of the City of Fort Wayne, and for the prevention and suppression of infectious and contagious diseases. 743 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That wherever smallpox, scar- let fever, diphtheria or any other infectious or contagious diseases shall exist within the City of Fort Wayne, the De- partment of Health and Charities of said city may, by order, establish and maintain all needful quarantine stations and limits, including public and private houses and places. 744 Sec. 2. During the existence of any smallpox or other infectious or contagious diseases within said city, or whenever any epidemic of such diseases is, in the judg- ment of such Department of Health and Charities, threatened or there is impending danger thereof, such De- partment of Health and Charities may, at such place or places as may be provided therefor, detain, or cause to be detained, any and all persons found within the city limits, and having no place of residence or abode therein, who may be suspected of being affected with such disease, until such a time as it may be fully determined by said Depart- ment of Health and Charities, whether such persons are Contagious diseases. Quarantine authorized,. When people exposed to contagious diseases, de« tained. 36 426 LAWS AND ORDINANCES. Use of buildings, contagious diseases, dis- continued. Sale of rags, etc., prohib- ited, wi'icn. Sick room, when disin- fected. Cards put up. SO affected, and if they are found to be so affected, said Department of Health and Charities may remove, or cause to be removed, such persons as hereinbefore provided. 745 Sec. 3. Said Department of Health and Chari- ties may also, during such period of the existence of such diseases within the limits stated in Section i, or during any periods of impending danger thereof, by order, dis- continue the use of any building or station or room used for the accommodation of tramps, vagrants or others at night or other times. And upon the discontinuance of the use of any such building, station or room upon such order, only such other buildrag, station or room may be used in lieu thereof for such purposes as shall be provided by the Board of Public Works, with the approval of said Depart- ment of Health and Charities. 746 Sec. 4. The Department of Health and Chari- ties is hereby authorized and directed to prohibit all sale or disposition of rags, clothing, bedding, carpets or furni- ture, to dealers or other parties, from dwellings in which patients afflicted with any contagious or infectious diseases, any smallpox, scarlet fever or diphtheria may be or may have been, or the washing of any clothing or other article of any kind, which may have been used or exposed to in- fection in the apartments of such patients, elsewhere than in said dwelling, until the clothing shall have been dis- infected in a manner satisfactory to said department, and said department is further authorized and instructed to cause any room, house or part of a house, in which any patient has been confined by reason of the existence of contagious or infectious disease or diseases, to be imme- diately and thoroughly disinfected to the satisfaction of said Board, and to cause the burning of all clothing of such patients or other articles which cannot be disinfected in a manner entirely satisfactory to said department. The department is hereby authorized to place a card upon any public or private building containing any person that is afflicted with any contagious or infectious disease, and cause said card to so remain until the said department is satisfied that it can safely be removed. The making or washing of clothes for others than that of the family in BOARD OF health. 427 any building in which there exists contagious or infectious disease, or the conveyance of any person who died of small- pox, scarlet fever or diphtheria, or other infectious or con- tagious diseases in any hack or conveyance, is strictly pro- hibited. Any person removing any flag, card or signal from any house or any other place where smallpox, scarlet fever or diphtheria or other infectious or contagious dis- eases is existing without the consent of the said Board, will be deemed guilty of violating this ordinance. 747 Sec. 5. In case of smallpox or other infectious or contagious diseases, or of danger from anticipated or impending infectious or contagious diseases, or in case’ the sanitary condition of the city should be of such character as to warrant it, it shall be the duty of said Department of Health and Charities to take such measures, and to do and order, and cause to be done, such acts for the preservation of the public health, though not herein or elsewhere, or otherwise authorized, as they may in good faith declare the public health and safety demand ; and said department in matters affecting the public health of said city, may co- operate with the State Board of Health whenever they deem it necessary or expedient so to do. 748 Sec. 6. It shall be the duty of all persons to observe and comply with all rules, regulations and orders of the Department of Health and Charities which shall be made pursuant to this ordinance. Any person knowingly and willingly violating such rule, regulations or order shall be fined in anv sum not exceeding fifty dollars ($50.00.) 748-A Sec. 7. All ordinances or parts of ordi- nances in conflict herewith are hereby repealed. 748-B Sec. 8. Any person violating the provisions of this ordinance shall forfeit and pay a fine of not more than fifty dollars ($50.00) for each and every day of such violation. Unlawful to remove cards. General pow- ers of Board of Health de- fined. Violation of ordinance, penalty. 748-C Sec. 9. This ordinance to be in full force and effect from and after its passage, approval by the Mayor and legal publication. [Approved April 25, 1899.] Ordinance Record i, page 275. 428 LAWS A^'D CKDIKAKCES. Laboratory bacteriologi- cal. Power to purchase ma- terial. Board of Health. Board of Health to ex- amine water in wells. Authorized to go upon lots and lands. GENERAL ORDINANCE NO. 26. AN ORDINANCE authorizing the Board of Public Health and Charities to establish, maintain and operate a bac- teriological laboratory for the purpose of diagnosing cojitagious diseases. 749 Sec. I. Be it ordained by the Conunon Council of the City of Fort Wayne, That the Board of Public Health and Charities may, and it is hereby authorized and empowered to establish, maintain and operate a bacteriolo- gical laboratory for the purpose of diagnosing contagious diseases, and said Board is hereby empowered and may purchase all necessary material and apparatus, and hire all necessary labor for the purpose of establishing and operating said laboratory. The same to be under the con- trol and direction of the Board of Health and Charities of said city. 749-A Sec. 2. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. [Approved January 8, 1895.] Ordinance Record i, page 97. GENERAL ORDINANCE NO. 107. AN ORDINANCE to further promote and secure the public health of the City of Fort Wayne, conferring upon the Department of Health and Charities the authority to condemn water, and the authority to compel persons and corporations to empty and clean receptacles and lots at stated intervals. 750 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That the Department of Health and Charities of said City of Fort Wayne is hereby granted full power and authority to enter upon any lot or into any building within said city for the purpose of making an examination of the water furnished the occupants thereof, an analysis, chemically or otherwise, of such water for the purpose mentioned, and to condemn and forbid the use of any such water after the same shall have been analyzed department of health and charities. 429 and found to be impure and detrimental to the public health, and said Department of Health and Charities shall adopt such means to prevent the further use of any such water so condemned as shall best subserve the general public health, and as shall be most convenient and practicable, and shall immediately after condemning such water forbid all persons as far as practicable from using such water thereafter for anv domestic use. 751 Sec. 2. Any person or persons, who by him- self, clerk, servant, agent or employe, shall draw or pump any such water to be used for domestic purposes, after having been forbidden so to do by said Department of Health and Charities, or knowingly permits any other per- son to use any of such water so condemned for any domestic purpose, after having been so forbidden to do, shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars ($ioo.oo.) 752 Sec. 3. The Department of Health and Chari- ties of the City of Fort Wayne is hereby authorized and empowered to compel any person or persons or corpora- tions, who maintain any receptacle into which is deposited from time to time manure, ofifal, garbage, not including kitchen garbage, or who shall deposit from day to day manure, offal or garbage upon any lot, within said city, to remove, or cause to be removed and conveyed away, any and all such manure, offal or garbage so deposited in any such receptacle or upon any such lot as often ^s said De- partment of Health and Charities shall, in its opinion, con- sider necessary that the same be done in order to promote and secure the public health of said citv. 753 Sec. 4. Any person or persons or corporation who shall fail or refuse to remove or convey away, or cause to be removed and conveyed away, any such manure, offal or garbage, not including kitchen garbage, so deposited in any receptacle or upon any lot at such stated times as they shall be notified by said Department of Health and Chari- ties so to do, shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars ($100.00.) 753-A Sec. 5. All ordinance’s ‘in cbnfiict 'herewith are hereby repealed. Power to con- demn. Forbidding people to use water of wells, when. Penalty for al- lowing others to use it. To clean re- ceptacles containing filth. Failure to re- move ma- nure, etc. Penalty. 430 LAWS AND ORDINANCES. Cattle, yards, pens, etc. How kept. Penalty. Slaughtering houses, ren- dering. Penalty. Permits and licenses. Bond required. 753-B Sec. 6. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved April ii, 1899.] Ordinance Record i, page 258. GENERAL ORDINANCE NO. 157. AN ORDINANCE relating to nuisances. 754 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That any person, company or corporation who shall own, keep or use any yard, pen, place or premises within the City of Fort Wayne, in or upon which cattle, sheep or hogs are kept for slaughtering purposes, shall be required to keep them in such a manner as not to be offensive to those residing in the vicinity or an annoyance to the public, and upon a failure to so keep and maintain such yards, pens and places, said person, com- pany or corporation shall be deemed guilty of maintaining a nuisance. 755 Sec. 2. Any person who shall carry on or oc- cupy any distillery, slaughtering establishment, tannery or establishing for steaming or rendering lard, tallow, offal, dead animals or other substances of like manner within the limits of the City of Fort Wayne, or within the distance of two miles therefrom, without permission of the Board of Public Health, to be granted in the manner hereinafter provided, shall be deemed guilty of maintaining a nuisance : Provided, That as to such places already located and main- tained such permits are not required. 756 Sec. 3. Any person desirous of obtaining a permit under the provisions of this ordinance shall make application therefor to the Board of Health in writing, stating the business he is desirous of pursuing and specify- ing the premises upon which the same is to be conducted. If such application shall be granted, the applicant shall be thereupon required to enter upon a bond with one or more sureties to be approved by the Mayor, in the penal sum of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000.00), conditioned that such NUISANCES. 431 applicant will faithfully comply with all the requirements of this ordinance and such other ordinance or ordinances which may hereafter be passed by the Common Council on this subject; and upon the execution and delivery of said bond, it shall be the duty of the Comptroller to issue a license to the applicant under the corporate seal. The license issued shall be subject to revocations by the Mayor upon recommendation of the Board of Public Health. 757 Sec. 4. No person obtaining a license for any business, employment or purpose mentioned in the pre- ceding section, or conducting or carrying on any such bus- iness or employment within the limits of the city, or within the distance of two miles therefrom, shall place, cause or permit to be placed, or permit or suffer to remain on his premises as aforesaid, any blood, bones, offal, filth, still slops or other offensive matter for a longer period than twenty- four hours at any one time, from the first day of March to the first day of November in any year, or exceeding forty-eight hours during any other part of the year. Every such person shall at all times keep his premises in a clean, healthy and inoffensive condition. 758 Sec. 5. No distiller, tanner, butcher, pork and beef packer, soap boiler, tallow chandler, dyer, livery stable keeper or other person whatever shall cause or suffer any offal, manure, rubbish, filth, still slops or any refuse, animal or vegetable matter, or any flow from any premises owned or occupied by him, or to be thrown into, deposited, or left in any pond, hole or water course within the jurisdiction of the city, or in or upon any street, alley, public square, vacant lot or river bank within said city. 759 Sec. 6. No person shall permit or suffer any substance of the nature mentioned in the preceding section, which is liable to become putrid or offensive or injurious to the public health, to remain on any premises owned or occupied by him for a longer period than twenty-four hours at any one time of any year, but the same shall be removed and disposed of in a way that may not be offensive to the public. 760 Sfx. 7. No person shall steam, boil or in any Offal, disposed of. Refuse not de- posited or left in any pond. Length of time allowed to remain. 432 LAWS AND ORDINANCES. Rendering lard. Soap factories, not to be of- fensive. Green hides not allowed on sidewalks. Livery or other stable yards to be kept clean. Carts used for hauling offal or night soil, how constructed. City Attorney, prosecute violators. Board of Health and police, powers of. Notice given. way render any offal, tainted or damaged lard or tallow, or steam or render any animal substance, in such a manner as to cause an offensive smell, or which will by undergoing such process so taint the air as to render it unwholesome and offensive to smell, within the limits of the City of Fort Wayne, or within the distance of two miles therefrom. 761 Sec. 8. No owner or occupant of any shop, soap factory, distillery, tannery, livery stable, cattle or other shed, barn, packing house, slaughtering house or rendering establishment, shall suffer the same to become noxious, foul or offensive. 762 Sec. 9. No person shall allow any green or salted hides to remain on any street, sidewalk or other place within the city, longer than one hour. 763 Sec. 10. The keeper of any livery or other stable shall keep the stable and stable yard clean and shall not permit, from the first of April to the first of November, more than two cart loads of manure to accumulate in or near the same at any one time. 764 Sec. II. Any cart, wagon or other vehicle used or intended to be used for the purpose of conveying swill, offal, garbage, excrement, ordure, or night soil, shall be perfectly tight and covered so as to prevent the contents thereof from leaking or spilling, and such cart, wagon or other vehicle, when not in use, shall not be allowed to stand in any highway, street, alley, lane, public place or square. 765 Sec. 12. For the purpose of carrying the fore- going provisions into effect, it shall be the duty of the Board of Public Health and of all members of the police force to ascertain from time to time all violations of this ordinance, and to report the same to the City Attorney for prosecution ; and for this purpose they shall be per- mitted at all times to visit or enter into or upon any building, lot or grounds within the limits of said city, or within the distance of two miles therefrom, and make examination thereof. 766 Sec. 13. In all cases where a nuisance shall be found in any building, or upon any ground, or other prem- ises within the limits of said city, or within the distance of NUTSANCEvS. 433 two miles therefrom, not more than twenty-four hours and not less than five hours’ notice shall be given in writing, signed by the Board of Health or by any member thereof, to the owner or occupant of such building or other prem- ises where he is known and can be found, to remove such nuisance, and in case of refusal or neglect to abate the same in accordance with such notice, the Board of Health shall remove the same, or cause it to be removed, and the ex- penses which may be incurred in the removal thereof shall be reported to the Board of Public Works, giving a de- scription of the lots or other premises liable therefor and the amount for which each is chargeable. The Board of Public Works shall thereupon assess the said expenses, by resolutions, upon such lots, respectively. If such expense is due and owing to any third party, the Board of Public Works shall provide such person with a copy of the assess- ment made, and shall be enforced by the party owning the assessment in the same manner that street and sewer assess- ments are enforced. If the city has paid the expenses of such removal out of the general fund or any special fund, said city shall recover the amount so paid out together with costs by an action of foreclosure of said assessment lien in the same manner that other street and sewer assessments are collected under the law governing cities of Fort Wavne’s population. 767 Sec. 14. Any person violating any provision of this ordinance or failing, refusing or neglecting to comply with its mandates shall, upon conviction, be fined in any sum not more than one hundred dollars ($100.00) or less than one dollar ($1.00.) 767-A Sec. 15. That Chapter 30, Revised Ordi- nances of the City of Fort Wayne, is hereby repealed, as are all other ordinances in conflict herewith. 767-B Sec. 16. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved April 26th, 1900.] Ordinance Record i, page 390. Abatement, how made. Costs recovered. Penalty. 434 LAWS AND ORDINANCES. Slaughter houses. Location. Penalty. Dead animals. Hauling away. Penalty. AN ORDINANCE relating to the loeation and use of slaughter houses. (Revised Ordinances, 1887.) 768 Sfx. I. Be it ordained by the Common Council of the City of Fort Wayne, That from and after the passage and due publication of this ordinance, it shall be unlawful for any person to use or cause to be used for a‘ slaughter house, any house, shed or building not then in use, for such purpose, within the limits of said city or within the distance of one mile from such limits. 769 Sec. 2. Any person violating this ordinance or any provisions herein shall, upon conviction, forfeit and pay a fine to said city of pot less than one dollar ($i.oo) nor more than one hundred dollars ($100.00.) Done at the Council Chamber of the City of Fort Wayne this nth day of January, 1887. CHARLES F. MUHLER, Mayor. Attest: W. W. ROCKHILL, City Clerk. AN' ORDINANCE relating to dead animals. 770 Sec. I. Be it ordained by the Common Coiineil of the City of Fort Wayne, That it shall be unlawful for any scavenger or other person to haul or convey through, upon, or across or over any street or alley of the city any dead horse, cow, dog or other animal, unless the same be covered with tarpaulin or otherwise hidden from view. , 770-A Sec. 2. Any person violating this ordinance or any provision thereof shall, upon conviction, forfeit and pay a fine to said City of Fort Wayne of not more than one hundred dollars ($100.00.) Done at the Council Chamber of the City of Fort Wayne this nth day of October, 1887. CHARLES E. MUHLER, Mayor. Attest : W. W. ROCKHILL, City Clerk. 435 KITCHEN GARBAGE. GENERAL ORDINANCE NO. 124. AN ORDINANCE regulating the gathering and eremation of kitehen garbage, and the earrying away of tin cans and broken dishes, etc. 771 Sec. I. It shall be the duty of the Board of Public Works to provide for the collection and cremation of all kitchen garbage that may be furnished by residents of the city of Fort Wayne, except that of hotels, saloons and boarding houses, and to haul away all tin cans and broken dishes, provided that the same is placed within the reach of garbage collectors, and to that end said Board of Works is authorized and directed to secure competent and efficient men to collect, and convey to the city crematory, all such garbage at least twice each week, from the first day of May to the first day of October of each year, and at least once each week for the balance of the year, and to likewise carry away tin cans and broken dishes, if collected in the manner herein provided. 772 Sec. 2. That for the purpose of promoting the health and comfort of the citizens, and the cleanliness of the city, and preventing noxious and offensive odors therein, and for the purpose of facilitating and assisting the Board of Public Works of said city in collecting, con- veying and disposing of kitchen garbage, provided for in Section i, and for the carrying away of tin cans and broken dishes, it shall be unlawful for any person to throw out, empty or place on any lot, ground, street or alley in this city any kitchen garbage, slops, vegetables or animal waste, par- ing, refuse or offal, commonly called garbage, at any time ; but each and every person making, having or necessitating any such garbage herein designated shall put the same and every part thereof, except the drainage, in a wooden box with tin, iron or metal lining, and provided with a covering to keep out rain and snow ; each box to be placed at a con- venient place for city garbage collectors, either in alley or just inside fence or barn, out of reach of or disturbance of animals and vehicles, and every head of a family, or other person occupying or having control or authority over, in or upon any place or premises where such garbage is made, Kitchen garbage. Conveyed to crematory, when. Unlawful to place kitchen garbage on lots, streets or lands. To be placed in wooden boxes. 436 LAWS AND OKDINANCES. Tin cans and dishes placed in separate boxes. Penalty. Removal of unwholesome substance from houses. To clean vaults, cel- lars, etc. except saloons, hotels, restaurants and boarding houses, shall be required to see to the collecting, securing and depositing of all said garbage in the manner as -in this ordinance provided. It shall be unlawful to mix tin cans and broken dishes, yard or house sweepings with kitchen garbage, but when tin cans and broken dishes are collected and placed in a box in a convenient place for garbage gatherers the same will be removed without expense to property owners. 773 Sec. 3. Any person violating ^ny provision of this section, or failing or neglecting to perform either one or more of the duties herein imposed, shall, upon conviction, be fined for any violation on any day or for each day pf any such failure or neglect of duty in any sum not exceed- ing 'fiftv dollars ($50.00.) 773-A Sec. 4. All ordinances and parts of ordi- nances in confiict herewith are herebv repealed. 773-B . Sec. 5. This ordinance shall be in full force from and after its passage, approval by the IMayor and legal publication. [Approved June 27, 1899.] Ordinance Record i, page 287. GENERAL ORDINANCE NO. iii. AN ORDINANCE compelling inhabitants of the City of Fort JVaync to disinfect their premises, and to remove all impure and nimdiolesomc substances. 774 Sec. I. Be it ordained by the Common Conned of the City of Fort JVayne, That it shall be the duty of every owner or occupant of any dwelling house, building or struc- ture of any kind or description whatsoever, to cause or to be removed therefrom and properly disposed of all unwhole- some or impure Lubstances of every kind and description whatsoever. It shall be the duty of every owner or occupant to cause all cellars, privies, rooms, halls and outbuildings to be kept and maintained at all times in such order and condition so that the same shall, in no wise, be foul, un- healthy or noisome. Any person who shall violate the pro- visions hereof shall be fined in any sum not exceeding one DISINFECT PREMISES. 437 hundred dollars ($100.00) ; and each and every day’s con- tinuance shall be deemed a distinct offense. 775 Sec. 2. It shall be the duty of every owner or occupant of any dwelling- house, building or structure of any description whatsoever, to disinfect the same, in such a manner as directed by the Department of Health and Char- ities, and all of said persons who shall fail or refuse so to disinfect such premises, for the space of twenty-four hours after notice, shall be fined upon conviction, in any sum not exceeding one hundred dollars ($100.00), and every twelve hours’ failure shall be deemed a separate and distinct offense, and, as such, prosecuted and punished. 776 Sec. 3. It shall be the duty of each and every physician called to attend a case of cholera to cause all evacuations, or stools to be properly disinfected and so disposed of as not to cause the spread of the disease. 777 Sec. 4. All members of the police force and the employes of the Department of Health and Charities are charged with the exact and strict enforcement of this ordi- nance, and it is made their duty to pro])erly inspect all premises within their beats or districts, and to cause prosecu- tions to be at once instituted. Any officer or member of the police force, or employe of the Department of Health and Charities, failing or neglecting the performance of the duty herein enjoined shall at once be removed from office. 778 Sec. 5. The Department of Health and Chari- ties or any member thereof, and any officer of the city clothed with police powers, shall have full and complete authority to enter any and all premises, houses or buildings for the purpose of enforcing this ordinance, or for the pur- pose of inspecting and examining the same. Anv person who shall prevent, or attempt to prevent, any such entrance shall be fined, upon conviction, in any sum not exceeding one hundred dollars ($ioo.oo) : Provided, however. Before making any such entrance due request for permission shall have been made at proper and reasonable hours. 778-A Sec. 6. All ordinances in conflict herewith are hereby repealed. 778-B Sec. 7. Hiis ordinance to be in full force and Hours to dis infect. Vessels in sick room disinfected. Duty of physician. Police officers to inspect and enforce ordinance. Board of Health and police officers right to en- ter houses, when. 438 LAWS AND OKDINANCES. Noxious weeds a nuisance. To permit noxious weeds to grow un- lawful. Board of Health to in- spect lots and streets as to weeds. effect on and after its passage, approval by the Mayor and legal publication. [Approved April 25, 1899.] Ordinance Record i, page 265. AN ORDINANCE providing for the destruction of zveeds and noxious plants zvithin the City of Fort Wayne. 779 Sec. I. Be it ordained by the Coinnion Council of the City of Fort Wayne, That the growth of weeds or noxious plants within the City of Fort Wayne, being deemed injurious to public health, is, within the limitations herein- after set forth in this ordinance, hereby declared to be a nuisance. 780 Sec. 2. That it shall be unlawful for the owner or owners of any lot or ground within the Citv of Fort Wayne to allow the same, or any street or alley upon which said lot or ground abuts, to become overgrown with weeds or noxious plants to such an extent that such over- growth, within the opinion of the Board of Public Health, is detrimental to public health and comfort. 781 Sec. 3. That it shall be the duty of the Board of Public Health of said city, through the sanitary officers employed by said department from time to time, to make careful inspection of all the lots, grounds, streets and alleys situated within the City of Fort Wayne, for The purpose of determining whether or not any weeds or noxious plants have been permitted to grow thereon of a character or to such an extent that they are or about to become injurious to the health or comfort of the citizens of said city ; that it shall be the duty of said sanitary officers, from time to time, to make report to said Board of Public Health of the result of their investigations. Whenever such officer or offi- cers shall discover any lot, ground, street or alley upon which weeds or noxious plants have been permitted to grow of a character or to such an extent as to be about to become injurious to public health, they shall make prompt report thereof, in writing, to said Board of Public Health, giving the name or names of the owner or owners of such lot or ground upon which said weeds have been permitted to WEEDS AND Noxious plants. 439 grow, or the name or names of the owner or owners of the lot or ground abutting upon the street or alley upon which said weeds have been permitted to grow. There- upon, said Board of Public Plealth shall make full examina- tion into the facts so reported, and if, in their judgment, the weeds or noxious plants therein referred to are injurious to public health, they shall so find and order such weeds abated and destroyed as a nuisance. Their conclusions shall, in all cases, be reduced to writing and placed on record in the office of the Board of Public Health. Thereupon said Board of Public Health shall require a written notice to be served upon the owner or owners of said lot or ground, directing that the weeds growing on said lot or grounds, or in the street or alley upon which said lot or ground abuts, as the case may be, shall be cut or burned or otherwise removed therefrom in the manner in which said Board of Public Health shall order in said notice. Said notice shall be served, either personally on the de- fendant, or by leaving a copy thereof at his last and usual place of residence, and the original thereof, with the time of service endorsed thereon, shall be returned to said Board of Public Health. In case such owner is unknown, or is not a resident of said city, said Board shall cause a notice to be published in a daily newspaper of general circulation for three days in one week. 782 Sec. 4. That if the owner or owners or their agent upon whom the notice, hereinafter required, shall have been served, fails to remove said weeds, as in such notice directed, within three days from the time of its service, or after the last day of publication, as the case may be, said Board of Health shall order that the same be done by the proper officer or officers of their department, and that the cost thereof shall be promptly reported to them. Thereupon, said Board of Public Health shall certify the cost of re- moving said weeds to the City Comptroller, to be paid out of any moneys appropriated for that purpose. The Comp- troller, upon the payment of said claim, shall present the same to the owner or owners of said lands or lots for repay- ment of the amount expended by the city in clearing said Notice to owners to cut weeds. Notice, how served. Publication, when. Failure to cut. Board to have work done. Money appro- priated by city. 440 LAWS AND ORDINANCES. Record in ac- tion of debt by city. Misdemeanor. Penalty. Smoke stacks and chimneys. How constructed. Violation, penalties. property, and in case that the owner shall refuse to pay the same upon demand, then the amount may be recovered from said owner in an action of debt in the name of the city. 783 Sec. 5. That any owner of any lot or ground within the City of Fort Wayne, after notice has been served upon him or her, as in this ordinance provided, who shall fail to comply with the order of said Board of Public Health within ten days thereafter, shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be fined in anv sum not exceeding fiftv dollars ($50.00.) 783-A Sec. 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 783-B Sec. 7. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved June 28, 1898.] Ordinance Record i, page 215. AN ORDINANCE regulating the building of smoke stacks and providing a penalty. (Approved March 11, 1887.) (Chapter 46, Revised Ordinances, 1887.) 784 Sec. I. All smoke stacks and chimneys erected at any place within the city for manufacturing purposes, appertaining to, used, or to be used for conveying off the smoke of any steam boiler or steam pipe, shall be firmly and substantially built of brick, stone or iron, and shall be erected to the height of not less than forty-five feet, and where tvood is used as the fuel said stack shall be covered with a wire screen, so as to prevent fire or sparks from being emitted therefrom. 785 Sec. 2. Any person who shall erect or use any such stack or chimney, as in Section i mentioned, the same not being erected in the manner in said section specified, shall be deemed guilty of a violation of this chapter, and, on conviction by the Mayor, shall be fined in any sum not less than one dollar ($1.00) nor more than one hundred dollars ($100.00.) 786 Sec. 3. Tf any person, after having been con- PONDS, KXCAVATIONS AND HOLES. 441 victed by the Mayor for a violation of this chapter, shall continue to use any such smoke stack or chimney, as men- tioned in Section i, the same not being erected as in said section specified, it shall be deemed to be, and the same is hereby declared a public nuisance, and the Marshal of the city is hereby empowered and directed to suppress such nuisance by taking down and removing the same: Pro- vided, That this section shall not prevent repeated prosecu- tion for the violation of this chapter. GENERAL ORDINANCE NO. 69. AN ORDINANCE providing for the drainage and filling up of ponds, excavations and holes, and prescribing penalties for the failure to drain or fill up the same. 787 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That the owner or owners of any real estate situated in the City of Fort Wayne, or within four miles of the corporate limits of said city, on which there shall be any pond, excavation or hole in which water is or may become so stagnant or noxious as, in the opinion of the Board of Public Works, to be a nuisance, or injurious to the health or comfort of any of the inhabitants of said city, which opinion shall be declared by resolution, shall be noti- fied by the Board of Public Works to fill or drain such pond, hole or excavation. If such owner or owners are residents of the said city the said Board of Public Works shall give per- sonal notice to such owner to fill or drain such pond, excava- tion or hole within five days after the service of such notice. In case such owner or owners are unknown or are non- residents of said city, the said Board shall cause a notice to be published in a daily newspaper of general circulation for one day each week for two consecutive weeks. 788 Sec. 2. If such owner or owners shall fail, neglect or refuse to enter upon the work of draining or filling up as aforesaid, after having been notified, as pro- vided in the preceding section, the said Board of Public Works shall cause an estimate of the probable cost of filling Repeated violation, penalty. Ponds and holes filled. Condition of pond declared by resolu- tion. Notice given. Publication. Failure to fill by owner. Estimate of cost by Board of Works. 442 LAWS AND OKDINANCES. Cost of filling holes to, be a lien upon lot or land. iTo maintain pond or hole unlawful. Notice to fill upon whom served. Violation, Penalty. or draining such pond, excavation or hole to be made, and recorded in the office of the said Board, and whatever costs and expenses may arise from the filling thereof, the same shall be a lien upon the real estate described therein. After the filing of said estimate the said Board of Public Works shall proceed to fill or drain such pond, hole or excavation, and the costs and expenses thereof shall be assessed against such property owner or owners and be recovered in an action of foreclosure brought in the name of said city, and sold as other lands are sold in foreclosure proceedings. 789 Sec. 3. It shall be unlawful for any person owning real estate in this city to sufifer any excavation, hole or pond, which may endanger the safety, health or com- fort of any of the inhabitants of said city, to remain thereon for more than five days after being notified thereof by the Board of Public Works of said city. In' case the real estate on which there is such excavation, hole or pond is owned by any corporation, notice shall be given to the President, Secretary or agent thereof ; and if such person upon whom notice is served fail, neglect or refuse to take proper steps to protect, fill up or drain such pond, he shall be deemed to have violated the provisions of this ordinance, and shall be subject to the punishment herein prescribed. Any person violating the provisions of this ordinance shall be fined in any sum not exceeding fifty dollars ($50.00) ; and for each day’s violation thereof thereafter he shall be fined in any sum not exceeding fiftv dollars ($50.00.) 789- A Sec. 4. All ordinances in conflict with any of the provisions of this ordinance are herebv repealed. 789-B Sec. 5. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved April 27, 1897.] Ordinance Record i, page 186. GENERAL ORDINANCE NO. 66. AN ORDINANCE to regulate the weight of bread offered for sale in the City of Fort Wayne, and fixing penalty for violation of the same. 790 Sec. I. Quality, weight: All bread baked and BKEAD. 443 offered and exposed for sale in the City of Fort Wayne shall be made of good, wholesome flour or meal and sold by avoirdupois weight. 790-A Sec. 2. Sizes of loaf, standard weight and brand : All bread shall be made into loaves of two sizes, large and small, viz : One small loaf of wheat or rye bread, any brand, six- teen ounces. One large loaf of wheat or rye bread, any brand, twenty- four ounces. One small loaf of pumpernickle, any brand, three pounds. One large loaf of pumpernickle, any brand, five pounds, avoirdupois weight. All other kinds of brands of bread should have the same weight as provided in this section, without any devia- tion : Provided, however, That upon special order any person or persons may make a larger loaf than the largest of anv kind herein designed in equal pounds or half-pounds. 791 Sec. 3. Standard weight of bread, when : The above weight to a loaf is for bread after being newly baked and on sale. 792 Sec. 4. Penalty: If any baker or other person shall make for sale, offer or procure to be sold any bread of any other than wholesome flour or meal, or shall sell or expose for sale any bread contrary to the preceding section of this article, such person shall be subject to a penalty of ten dollars ($10.00) for each and every such offense. 793 Sec. 5. Entry to examine, violation of ordi- nance, seizure : It shall be lawful for any alderman of this city, the Superintendent of Police, or any member of the Department of Police duly authorized by the Superintendent, to enter in the day time into any house, store, shop, bake house, warehouse or other building where any bread is baked, stored or deposited, or deposited or offered for sale, and also to stop, detain and examine any person or persons, wagon or other vehicle carrying bread, and to search for, view, try and weigh all or any bread that shall be found there ; and if on any such search there shall be found any Quality of bread offered. Loaves, size. Applies to newly baked bread. Penalty. Entry to ex- amine. Seizure of bread, when and for what purpose. 444 LAWS AND ORDINANCES. Return of bread seized, when. Penalty for re- offering. Who is sub- ject to ordinance. Dees not ap- ply to, what. bread made in violation of, or contrary to, any of the pro- visions of this article, any of the persons above named may seize such bread and shall immediately enter com- plaint before some Justice of the Peace or Mayor against the person or persons guilty of such violation. 794 Sec. 6. Return of bread seized, destruction: Whenever any bread shall have been seized for a violation of any of the provisions of this article the same shall be taken immediately to the office of the Superintendent of Police, there deposited and kept, to be used on the trial of the person or persons against whom complaint is made ; and if he, she or they shall be convicted, such bread shall be retained by the Superintendent of Police until the fine, if any shall have been imposed, and the costs of the suit shall have been satisfied : Provided, That bread made of unwholesome materials shall not in any case be returned to the owner, but shall be destroyed. 795 Sec. 7. Penalty for re-oifer for sale: Any person or persons to whom any such bread shall have been returned and delivered up, or any other person who shall again offer or expose for sale the same, shall for the second and every subsequent offense be subject to a penalty of not less than fifty dollars ($50.00.) 796 Sec. 8. All dealers in bread are subjected to above rule and ordinance, and for failure of a loaf of bread in not having the standard weight, the manufacturer is held responsible or liable for each loaf of bread lacking the standard weight turned out. 796-A Sec. 9. Ordinance not to apply, when : The provisions of Section 2 of this article shall not apply to biscuits, buns, rolls or fancy bread weighing less than a quarter of a pound. 796-B Sec. 10. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. [Approved January 12, 1897.] Ordinance Record i, page 179. PKOTECTION OF PKOPEKTY FKOM Fll'F. 445 GENERAL ORDINANCE NO. 135. AN ORDINANCE providing for the better proteetion of property from fire. 797 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, Indiana, That the Chief of the Fire Department, or assistants in charge of any fire, may prescribe limits in the vicinity of such fire, within which no person, except those whose property may be within such limits shall be allowed, unless by permission of said chief or assistants in charge, or the Chief of Police of the city ; and it shall be the duty of the police force of said city to en- force the orders of said Chief of Fire Department or Chief of Police respecting the occupation of said limits during the progress of the fire. Every person who may be present at such fire shall be subject to the orders of said chief or assistants in charge, or Chief of Police of the city, and shall do and perform such duty as may be required of him by either of said officers in the extinguishing of such fire or the removal or protection of property endan- gered thereby. Any person violating any of the provisions of this section, or who shall disobey the orders given him by either of said officers, or failing to perform such duties as may be prescribed by him by either of said officers, shall be deemed guilty of a misdemeanor, and, upon conviction before the Mayor, shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), at the discretion of the court. 798 Sec. 2. It shall be the duty of the Chief of Fire Department or assistants in charge at any fire, to make prompt and thorough investigation of the cause of such fire ; and, for that pmqjose, he is hereby authorized to re- quest the Mayor to require the attendance of witnesses and the production of books and papers, property or other evi- dence at such time and place as shall be deemed, by the Mayor, convenient and proper. Such witnesses shall be required to give their evidence under oath, which shall be reduced to writing and placed on file with the Chief of Fire Department and a record of such proceedings shall be kept by said officers, and shall be authenticated by the Chief of Fire limits at fire, pre- scribed by chief of de- partment. People present at fire subject to orders of department. Penalty for disobeying orders. Chief to make investigation of cause of fire, evidence heard. Report kept. 446 Fire limits. Territory em- braced. Kind of build- ing in fire limits. LAWS AND OKDINANCHS. the Fire Department or assistant making the investigation. 798-A Sec. 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 798-B Sec. 4. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved September 12, 1899.] Ordinance Record i, page 328. GENERAL ORDINANCE NO. 70. AiX ORDINANCE fixing the frc limits within the City of Fort JVaync, providing the eharacter and class of buildings that may be erected therein, and providing for the violation thereof. 799 Sec. I. Be it ordained by the Common Council of the City of Fort IVayne, That all that part of the City of Fort Wayne embraced within the following limits shall be known as the fire limits of said city, to-wit: Beginning with the intersection of Superior street and Lafayette street ; thence south along said Lafayette street to Wayne street; thence west along Wayne street to Barr street; thence south on Barr street to Jefferson street; thence west on Jefferson street to Clinton street ; thence south on Clinton street to the track of the Pittsburg, Fort Wayne & Chicago railway; thence west along said track to its intersection with Harri- son street ; thence north on Harrison street to Wayne street; thence west on Wayne street to Webster street; thence north on Webster street to Superior street ; thence east on Superior street to place of beginning. 800 Sec. 2. It shall hereafter be unlawful for any person to erect, assist in erection, or cause to be erected within the fire limits defined above, any building whatso- ever unless the outer walls are made of brick, stone, iron, or brick, stone and iron combined, without any combustible material placed' tberein, and unless the roof thereof is fire proof ; Provided, however. That this section shall not apply to privies less- than ten feet high. It shall also be unlawful for any person to alter or re- FIRK LIMITS. 447 pair, or assist in altering or repairing, or cause to be altered or repaired, any frame or wooden building now erected with- in the fire limits aforesaid, with the same kind of material as that of which it is composed, when the amount required to so alter or repair the same shall exceed ten (lo) per cent, of the present value of the building, to be so determined by the Board of Public Works, or in such a manner or to such an extent as to make a different or largere building, whatever amount be the cost thereof. It shall be the duty of the Chief Engineer of the Fire Department, as well as the Board of Public Works, when- ever any building is in course of erection, or has been fully erected, or whenever any building is being altered or repaired, in violation of any provisions of this ordinance, to make complaint thereof before the Mayor of the city, and any citizen of said city may make such complaint; and upon such complaint being made by either of said officers, or by any such citizens, said Mayor shall issue a warrant for the arrest of such person so offending. Any person violating any provision of this ordinance shall, upon con- viction, be fined in any sum not exceeding one hundred dollars ($100.00) ; and each day that workmen are em- ployed on such building shall constitute a separate offense, and each day that such building, when completed, is allowed to remain standing shall constitute a separate offense. In addition to such penalty the Mayor may include in his judgment an order that such person, if he be the owner of the building, shall immediately tear down and remove such building, and if said building is not promptly torn down and removed in obedience to such order, the Board of Public Works may tear down and remove such building, or cause to be torn down and removed ; and the expense thereof shall be paid to said city by the owner of the building. Provided, however, The provisions of this ordinance shall not apply to any building, the contract for which was made prior to the passage and taking effect of this ordinance, a permit granted thereof and work thereon be- gun, but shall applv to all other buildings 800-A Sec. 3. All ordinances and parts of ordi- nances in conflict herewith are hereby repealed. Repairing building in fire limits. Chief Engi- neer, Board of Works. Duties in re- lation to it defined. Violation, penalty. House torn down as part of penalty. 448 LAWS AND OKDINANCES. 800-B Sec. 4. This ordinance shall take effect and be in force from and after its passage and publication once each week for two consecutive weeks in the Fort Wayne Journal, a daily newspaper of general circulation, printed and published in said City of Fort Wayne. [Approved April 29, 1897.] Ordinance Record i, page 188. GENERAL ORDINANCE NO. 119. Fire hose, driving over prohibited. Penalty. AN ORDINANCE to protect the hose belonging to the Fire Department of the City of Fort Wayne. 801 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be unlawful to drive any wagon, cart, street railway car, or any locomo- tive or cars, or any other vehicle over hose belonging to the City of Fort Wayne, laid in the street or streets at the occurrence of any fire in said city or at any alarm of fire therein. Any person or persons violating any provision of this ordinance shall, upon conviction, be fined in any sum not exceeding fiftv dollars ($50.00.) 801 -A Sec. 2. All ordinances in conflict with this ordinance are hereby repealed. 801 -B Sec. 3. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved May 23, 1899.] Ordinance Record i, page 278. AN ORDINANCE authoriAng and empozvering Chief of Fire Department to enter in private and public buildings. Chief of Fire Department authorized to enter houses, when 802 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That the Chief of the Fire De- partment of said city be and he is hereby empowered to at all times enter into any house, building or place that shall be kept, maintained or permitted to remain in such manner as shall be a menace to public safety from fire to CONSTKUCTIOX OF BUILDIXOS. 449 any such house, building or place as he shall have reason- able cause to believe to be so kept, maintained or permitted to remain, and such chief is hereby clothed with police authoritv to enable him to discharge such duty. 803 Sec. 2. It shall be unlawful for any person to keep, maintain or permit to remain any house, building or place in such condition as to be a menace to public safety from fire. 803-A Sec. 3. Any person violating this ordinance or any provision thereof shall, upon conviction, forfeit and pay a fine to said city of not more than one hundred dollars ($100.00.) Done at the Council Chamber of the City of Fort Wavne this 28th dav of July, 1891. C.* A. ZOLLINGER, Mayor. Attest: RUDY C. REINEWALD, City Clerk. To permit building to be in unsafe con- dition unlaw- ful. Penalty. . AN ORDINANCE regulating the eonstnietion of buildings within the fire limits of the eity. (Approved March 11, 1887.) (Chapter 10, Revised Ordinances, 1887.) 804 , Sec. I. No building shall be erected within the fire limits unless the same shall be constructed in uniformity with the following provisions : Eirst — All outside and party walls shall be made of stone, brick or other fireproof material. Second — Outside and party walls not exceeding twenty- four feet in height from the top of the sidewalk to the under side of the roof, joists or rafters, (except for stores, mills, breweries and warehouses) shall not be less than sixteen inches, if of stone ; but stores, mills, breweries and warehouses exceeding twenty-four feet in height, as afore- said, shall not be less than twelve inches in thickness, if of brick, nor less than eighteen inches in thickness, if of stone, and if exceeding three stories in height the two lower stories shall not be less than sixteen inches in thick- ness, if of brick, nor less than twenty-four inches in thick- ness, if of stone. Fire limits, buildings, how con- structed. 450 LAWS AND ORDINANCES. Walls, how supported. End of party walls. Penalty. Fire Depart- ment. Obstructing right of way. Third — All joists, beams and other timbers in outside and party walls shall be separated at least four inches from each other with stone or brick laid in mortar, and all wooden lintels or plate pieces in the front and rear walls shall recede from the outside of the walls at least four inches, except that lintels of timber may be used in rear of cast iron fronts, and plates of wood may be used in cor- nices ; but all of such cornices shall be securely fastened in the walls of the building with iron rods in such manner as that in case of fire they will not fall until burned to pieces. Fourth — There shall be no more than thirty feet space between the party or outside walls of any building, unless such building shall be supported by iron or other columns or supports of fireproof material. Fifth — All end and party walls shall extend above the sheeting of the roof at least seven inches, or three courses of brick, and in no case shall the planking or sheeting of the roof extend across any party or end wall. 804-A Sec. 2. No owner, builder or other person shall build, or aid in the erection of any building or part of building within the said limits, contrary to or in any other manner than authorized by the provisions of this chapter. 804-B Sec. 3. Any person violating any provisions of this chapter shall, upon conviction, forfeit and pay a fine of not more than one hundred dollars ($100.00.) AN ORDINANCE prohibiting the obstruction of the Fire Department in the performance of its duties, and pro- viding penalties therefor. 805 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, (two-thirds of all the members thereof concurring) That it shall be unlawful for any person or persons driving or riding any vehicle upon or along any of the streets in the City of Fort Wayne, to interfere with or in any way impede the progress of the Fire Department in the use of the streets in the performance of its duties by obstructing the street or racing with any of the vehicles of the said department. streets and alleys. 451 806 Sec. 2. It shall be unlawful for any street car company, its officers or employes, to run, permit or cause to be run, across the parts of any moving vehicle or appa- ratus of the said Fire Department ahead of the same and within one square thereof. 806- A Sec. 3. Any person violating any provisions of this ordinance shall, upon conviction, forfeit and pay a fine of not more than one hundred dollars ($100.00.) Done at the Council Chamber of the City of Fort Wayne this 12th day of July, 1892. C. A. ZOLLINGER, Mayor. Attest : RUDY C. REINEWALD, City Clerk. GENERAL ORDINANCE NO. 121. AN ORDINANCE for the government of Fire Department of the City of Fort Wayne. 807 Sec. I. Be it enacted and ordained by the Com- mon Council of the City of Fort Wayne, That should any person or persons injure, deface, or in any manner destroy any city fire apparatus, or should any person or persons hinder or obstruct any city fire company or hook and ladder company, or any member thereof, from freely passing along the streets of the city to or from a fire, or in any manner hinder or prevent any of the said companies, or any member of the same, from operating at any fire, each and every person or persons so hindering, preventing or obstructing shall be fined not less than five dollars ($5.00) or more than twenty dollars, ($20.00) to be recovered as other city fines are recovered. 807- A Sec. 2. This ordinance to be in full force and efifect on and after its passage, approval by the Mayor and legal publication. [Approved May 23, 1899.] Ordinance Record i, page 280. GENERAL ORDINANCE NO. 147. AN ORDINANCE regulating the use of streets and alleys. 808 Sec. I. It shall be unlawful for any person or street cars, obstructing. Penalty. To destroy fire apparatus un- lawful. Right of way of Fire De- partment on streets. 38 452 LAWS AND OKDIN’ANCES. Building ma- terial ob- structing entire street unlawful. Straw, chips and paper ob- structing streets unlawful. Obstruction in street ordered re- moved, when and by whom. Penalty. Unhitched ve- hicles in streets, un- lawful. Feeding ani- mals in streets un- lawful. Erecting buildings on street unlaw- ful. persons to obstruct any street in the city limits while building, with any material whatsoever, for a space exceed- ing fifteen feet, measuring from the outside of the curb to the center of the street, and in no case shall the gutters be so ol)structed as to prevent the free passage along the same. 809 Sec. 2. It shall be unlawful for any person or persons to encumber or obstruct, or cause to be encumbered or obstructed, any street, alley or public place in the city, by placing therein or thereon any shrubbery, rubbish, chips, refuse, trimmings of trees or shrubbery ; except as pro- vided in the foregoing section. 810 Sec. 3. The Mayor, Superintendent of Police, Board of Public Works, or any officer of the city, is hereby authorized to order any rubbish, chips, refuse, trimmings of trees or shrubbery, article or thing whatsoever which may encumber or obstruct any streets, alleys or public places within the city limits, to be removed, and if such article or thing shall not be removed within five hours after notice to the owner or person in charge thereof to remove the same, or if the owner cannot be found for the purpose of such notice, to cause the same to be removed to some suitable place to be designated by the Board of Public Works, and the owner of any article so removed shall be subject to forfeit and pay a penalty of five dollars ($5.00) in addition to the cost of such removal. 811 Sec. 4. No wagon, sled, sleigh or vehicle of any kind without horses (bicycles and tricycles excepted) shall be permitted to remain or stand in any street or alley for more than one hour, except when so standing for the pur- pose of being repaired, and then only in front of the prem- ises of the person repairing the same, and for a period of time not longer than three hours. 812 Sec. 5. It shall be unlawful for any person, ex- cept the employes of the street repairing department or the contractors for street improvement, to feed or to place any trough for feeding or watering draft animals in the streets, allevs or public places of this citv. 813 Sec. 6. No person shall erect or place any build- ing in whole or in part u]:>on any street, alley, sidewalk or other ]mhlic ground within said city. streets and alleys. 453 The owner of any building, fence, porch, steps, gallery or other obstruction now standing or which may be here- after erected or placed upon any street, alley, sidewalk or other public place in the city, or which has been left upon any new street that has been or may hereafter be opened, shall remove the same within such reasonable time not ex- ceeding thirty days or less than five days, as he shall be required to do by written notice from the Board of Public Works, and upon failure of such owner to comply with such notice, he shall be liable to the penalty hereinafter provided. 814 Sec. 7. Whenever from any cause any street or alley in the city shall be obstructed by a press of teams at- tached to vehicles, loaded or otherwise, the Mayor, Super- intendent of Police, any member of the police force or any Councilman may give such directions in regard to the re- moval of such teams and vehicles as in the opinion of such officer may be necessary or required for public convenience. And any person or persons refusing or neglecting to obey such directions shall be subject to the penalty hereinafter provided. 815 Sec. 8. No person shall hinder or obstruct the making or repairing of any public improvement or work ordered by the Common Council or by the Board of Public Works. 816 Sec. 9. It shall be the duty of each and every railway or railroad company, whose tracks are laid across any of the streets of said city, to place safety gates or flag- men at any such crossings of said streets, by such trams, whenever the Common Council shall by ordinance duly passed declare the same necessary for public safety, and the said company shall erect safety gates as such ordinance may declare necessary, within thirty days from the passage of such ordinance. 817 Sec. 10. For the better protection of the paved and macadamized streets, alleys or other thoroughfares of the city, no vehicle of any description with felloes and tires less than three inches in width shall be permitted to be drawn or pass over any such street, alley or thoroughfare Removal of ob- structions from street, notice to owner. Obstruction of streets by teams, how regulated. Interfering with public work unlaw- ful. Railroad gates required at street cross- ings, when. Wagon tires, width. 454 LAWS AND ORDINANCES. Preparing building ma- terial on street unlaw- ful, when. Driving cattle over streets. Protecting new pave- ments, how. Extent of street closed in repairing or building streets. Exhibiting for sale animals of any kind on streets un lawful. Private lamp posts pro- tected. with a greater burden than three thousand pounds’ weight, and no vehicle of any description with felloes and tires less than four inches in width shall be permitted to be drawn or pass over such paved or macadamized streets, alleys or ways with a greater burden than sixty hundred weight. 818 Sec. II. No person shall dress any stone or pre- pare any material for building in the streets or alleys of the city which can be prepared elsewhere. 819 Sec. 12. No person or persons shall, between the hours of 8 o’clock a. m. and 6:30 o’clock p. m. of each and every day, drive along any public street or alley of said citv more than twenty-five head of cattle at any one time. 820 Sec. 13. Any person or persons employed in paving or repairing any street, alley or other public thor- oughfare in the city, shall place proper obstructions or bar- ricades across said streets or thoroughfares for the purpose of protecting work in course of construction, and preserving the pavement until the same is fit for use, leaving at all times a sufficient passage for pedestrians ; and no person or persons shall, without written consent of the Board of Public Works, throw down, displace or remove any such obstruction or barricade. 821 Sec. 14. Nothing contained in the foregoing section shall be construed to authorize any person or per- sons to stop up or obstruct more than the space of one block and one intersection at the same time in any one street, or to keep the same so stopped or obstructed for more than two days after the roadway is finished. 822 Sec. 15. No person shall make a stand or stop- jiing place within any street or alley in the city for the pur- pose of exhibiting for sale, or for the purpose of selling or offering for sale, any horses, mules or cattle, or any wagon, carriage or other vehicle drawn by either of the animals aforesaid. 823 Sec. 16. All lamps or lamp posts which have been heretofore erected and used as signs, and all illum- inated clocks which have been erected on the outer edge of sidewalks, and which are in actual use, and which are kept in running order at the expense of the owner and regulated vSTKEHTS AND ALL 1C VS. 455 so as to indicate the correct time, may be allowed to re- main, subject to be removed at any time by order of the Board of Pul)lic Works. 824 Sicc. 17. Drinking- fountains made of iron ma\' be erected on the outer edge of sidewalks, at such points and places as the Board of Public Works may deem ad- visable, in their judgment, for convenience of the general pul)lic. 825 Sec. 18. It shall be the duty of every person or persons engaged in digging down any street, in paving any street, building any sewer or drain or trench, for water or gas pipes, in any of the public streets or thoroughfares, under contract witli the corporation of this city, made through either or any of the departments of the said cor- poration, or bv virtue of any permission which may have been granted to them by the Common Council, or any de- partment, or either of them, where such work, if left ex- posed, would be dangerous to passengers, to erect a fence or railing at such excavation or work, in such manner as to prevent danger to passengers who may be traveling such streets or thoroughfares, and to continue and uphold the said railing or fence until the work shall be completed or the obstruction removed. And it shall also be the duty of such ])erson or persons to place upon such railing or fence, at twilight in the evening, suitable and sufficient red lights, and kee]) them burning through the night during the en- tire ])erformance of the work. 826 Sec. 19. The provisions of the preceding sec- tion shall apply to every person who shall place building- materials in any of the public streets or thorough fa'*es, o" be engaged in building any vault or constructing any lat- eral drain from any cellar to any sewer or who shall do or perform any work, causing obstruction in the pul)lic streets or thoroughfares, by virtue of any j^senuit f^'orn any ex- ecutive department ; and also to all public or cor]:>oration officers engaged in performing any wo^-k in l^ehalf of the city, whereby obstructions or excavations shall be made in said streets and thoroughfares. 827 Sec. 20. The extent to which such fence or May be re- move J Drinking foun- tains may be erected in streets. Laying pipes and paving streets, how protected. Barricades to protect the public from injury on streets, when Red lights. Barrierdes and red lights, to whom it ap- plies. 456 LAWvS AND ORDINANCES. Red lights and barricades, how placed. How barri- cades are placed in building new streets. Barricades, how placed in building sewers. Barricades, how placed in building vaults. Building ma- terial in street, how placed. For obstruc- tion in streets who is an- swerable in damages. Herding cattle on streets un- lawful. railing shall be built in the several cases is hereby defined as follows, to-wit : 1. In digging down any street or thoroughfare, by placing same along the upper bank of such excavation, or by extending the fence so far across the street, and at each alley, as to prevent persons from traveling on such por- tion as would be dangerous. 2. In paving any street or thoroughfare by extending it across the carriage way of such street or thoroughfare and at each alley; or, if but a portion of the width of such carriage way be obstructed, across such portion, in which case the obstruction shall be so arranged as to leave a pas- sage way through as nearly as may be of uniform width. 3. In the building of a sewer, by placing it across the carriage way, at the ends of such excavations as shall be made, and at each alley. 4. In building vaults, by enclosing the ground taken for the vault. 5. In placing building materials in the streets, by placing it across so much of the street as shall be occupied by such materials; and the material shall’be so placed as to occupv a space of uniform width, except brick or stone piled solid at least seven feet high. In all cases sufficient red lights are to be kept placed upon such building ma- terials, fences or railings, and kept burning during the night, as provided by the preceding sections. 828 Sec. 21. In all cases where any person or per- sons shall perform any of the work mentioned in the pre- ceding sections, either under contract of the city or by vir- tue of permission obtained from the Board of Public Works, or any other department of the city government, such per- son shall be answerable for any and all damages that may be occasioned to persons, animals and property, by reason of carelessness in any manner connected with said work. 829 Sec. 22. It shall be unlawful for any person to herd together or maintain any kind of cattle, horses, swine or sheep in anv street, allev or public place in the citv. 830 Sec. 23. It shall be the duty of owners of s])rinkling cars to have the sprinkling attachment made so MOVING HOUSES. 457 that they will discharge such minute streams as to lay^ the dust and not make mud and deluge the streets with water. 831 Sec. 24. It shall be unlawful for any person in charge of a sprinkling cart to turn such vehicle around on any crosswalk, or to allow any discharge of water thereon ; or to wilfully annoy any passerby, or to injure any goods, wares or merchandise bv wilfully sprinkling the same. 831 -A Sec. 25. The following ordinance is hereby repealed : Chapter 48, Revised Ordinances of the City of Fort Wayne, approved March ii, 1887, and all the amend- ments to any section thereof. Likewise any and all other ordinance or parts of ordinances in conflict therewith. 831 -B Sec. 26. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. 832 Sec. 27. Any person violating any of the ])ro- visions of this ordinance shall, upon conviction, be fined in any sum not less than one dollar ($1.00) nor more than one hundred dollars ($100.00). (Approved January 9, 1900.) Ordinance Record i, page 357. GENERAL ORDINANCE NO. 142. AN~ ORDINANCE regulating the moving of houses over and along puhJie streets of the City of Fort Wayne. 833 Sec. I. It shall be unlawful for any person to remove any building over or along any street or alley of the City of Fort Wayne, without first obtaining a permit so to do from the Board of Public Works of said city. 834 Sec. 2. The permit above mentioned shall be based upon a formal petition in writing, addressed to the Board of Public Works. The said petition shall distinctlv set forth the points from and to which such removal is to be made; shall accurately describe said building, and shall set forth specifically the route to be taken, the streets and alleys to be passed over. No building shall be moved over any other street, alley or route than specified in the peti- tion granting the permit. Sprinkling carts, how constructed. Sprinkling on cross walks. Penalty. House moving over streets. Permit. Application, vyhat must contain. 45S LAWS AND ORDINANCES. Bond filed. Delay while moving pro- hibited. Streets, if injured, re- paired. Penalty. 835 St:c. 3. Before the Board of Public Works shall issue to any person, upon application, a permit for the mov- ing of any building, said person shall file with the Board of Pnl^lic Works a bond in the penal sum of five hundred dollars ($500.00), with good freehold security, conditioned for the faithful and prompt performance of the work accord- ing to specifications in the permit, and to secure the city against damage to her streets and alleys, and the citizens and property owners of said city against damage to their pri- vate ]moperty. The bond above mentioned shall be made payalde to the State of Indiana for the use and benefit of the city or any one damaged by such removal ; and anv one so damaged may obtain an action for such damage on said bond. 836 Sec. 4. It shall be unlawful for any person to make any unnecessary stoppage or delay upon any street or alley when removing such building, or to occupy said street O’* alley more than six days (exclusive of Sunday) in the removing from the old to the new location. 837 Sec. 5. If any person shall injure any street, alley or public place, over and along which he shall re- move, or cause to be removed, any building, he shall repair the same within twenty-four hours to the satisfaction of the Board of Public Works and Citv Civil Engineer. 838 Sec. 6. Any person violating any of the pro- visions of Sections i and 4 of this ordinance, upon con- viction, shall be fined in any sum not exceeding one hundred dollars ($100.00.) 838-A Sec. 7. All ordinances or parts of ordinances in conflict herewith are herebv repealed. 838-B Sec. 8. This ordinance to be in full force and effect from and after its passage, approval by the Mayor and legal publication. (Approved November 14, 1899.) Ordinance Record 1, page 342. (GENERAL ORDINANCE NO. 149. AN ORDINANCE regulating the construction and uses of sidcivalks ivithin the corporate limits of the City of Fort JVayne. 839 Sec. t. All sidewalks on Calhoun street from Fim-:\VALKS. -45'J the New York, Chicago & St. Louis Railroad to the Pitts- burg, Fort Wayiie & Chicago Railroad : Columbia and Main streets, from Harrison street to P>arr street ; Berry street, from Calhoun street to Clinton street, and Court street, shall be constructed of sound flagging stone, and no other material shall be used on such street for such purposes, ex- cept by express order of the Board of Public Works. 840 Sec. 2. The grade for sidewalks shall be given bv the Citv Civil Engineer under the supervision of the Board of Public Works, and when once a grade for an improvement is ap])roved by said Board of Public Works, the same shall be the established grade. When any person shall build or assist in building any sidewalk when no grade has been established, or without first obtaining a grade therefor from the City Civil Engi- neer, or who shall build or assist in building any sidewalk contrary to any grade which may be hereafter established by the Board of Public Works, or contrary to any of the provisions of this ordinance, he shalf in either case be sub- ject to a forfeit and pay ten dollars ($10.00) for every day of such offense, and a like forfeiture and payment for every day he shall fail to remove and reconstruct the same after notice by the Board of Public Works. 841 Sec. 3. No cellar doors shall rise or project above the sidewalk ; nor shall the hinges thereof or any other thing connected therewith project or rise above the door, or shall any staple, lock or any other fastening be placed upon the upper side thereof. 842 Sec. 4. All awnings shall be constructed of cloth and the frames shall be elevated at least eight feet and curtain seven feet at the lowest part thereof above the sidewalk, and shall not project over the same to exceed three-quarters of the width thereof. They shall be sup- ported without posts, by iron brackets or by an iron frame- work attached firmly to the building, so as to leave the side- walk entirely unobstructed thereby. All awnings hereto- fore erected contrary to the provisions of this section shall be removed by the owner thereof by three days’ notice from the Superintendent of Police, for such owner to remove the Sidewalks on certain streets, how constructed. Grade given by Engineer for street im provement. Building with- out grade. Penalty. Cellar doors, how con- structed. Awnings, ma- terial and how erected. Erected contrary to ordinance, removed. 4b0 LAWS AND ORDINANCES. Receiving and delivering goods. Placing goods on sidewalk unlawful. Auctions on streets un- lawful. Riding or driving on sidewalk un- lawful. Exceptions. same. And if such owner shall fail or refuse to comply with such notice, he shall be subject to the penalty herein provided. 843 Sec. 5. No person or persons receiving or de- livering goods, wares or merchandise shall place or keep upon, or shall suffer to be placed or kept upon, such side- walk in the city, any goods, wares or merchandise, which he or they shall be receiving or delivering, without leaving a passageway clear for pedestrians of not less than six feet in width, and no person or persons receiving or delivering such goods shall suffer the same to be or remain upon such sidewalk for longer than five hours. 844 Sec. 6. No person or persons, whether licensed as an auctioneer or not, shall sell or attempt to sell, or shall cry for sale at public auction in the city, any goods, chattels or personal property whatever, to any person or persons, so as to collect a crowd of people upon streets or sidewalks of the city, whereby the free passage thereof of any person or persons is prevented or hindered. 845 Sec. 7. No person shall ride, drive, lead, push, draw or back any horse, wagon, cart or other vehicle over any sidewalk, or use, ride or drive any horse, wagon, sled or sleigh thereon, except at public or private crossings : Provided, That whenever from want of an alley adjacent to any lot or part of lot, there be no convenient access thereto otherwise than l:>y crossing such sidewalk, it shall be lawful for the owner or occupant of such lot or part of lot, or for any person in his employ, to drive on or over such sidewalk for the purpose of discharging any bulky or needful article on such lot or part of lot, and also to ririA V-arj or drive any animal or vehicle, as aforesaid, for the purpose of entering upon such lot or part of lot, if only at the place where such riding, leading or driving shall be done, said sidewalk shall have been paved with flagstone or brick set upon edge, so that such riding or driving shall not be injurious to such sidewalk. Tt shall also be lawful for livery stable keepers, lumbermen and other such persons, or their employes, and whose ordinary business may require, to make such crossings with such animal or vehicle, if SIDEWALKS. 461 such sidewalk, at the place to be crossed, shall have been paved as aforesaid, and if, moreover, the movement of foot passengers thereon be not impeded. 846 Sec. 8 . All crosswalks shall be kept and re- served free from any sleighs, wagons, cars or carriages, and horses or other animals, being placed or suffered to stand thereon, except so far as may be necessary in crossing the same ; and the owner of any sleigh, wagon, cart or other carriage, or horse or other animal, offending herein, shall be subject to the penalty herein prescribed. 847 Sec. 9. It shall be unlawful for any person or persons to throw material of any kind upon any sidewalk in the city while building, erecting or repairing any building or place fronting upon the same or bordering thereon. 848 Sec. to. All shade or ornamental trees shall be planted on a line two feet inside of the outer line of the sidewalk ; and if any trees shall have been hereto- fore planted within or without the line established, at the time the same were set out, or shall hereafter be planted in violation of this ordinance, the Board of Public Works shall have the power in their discretion to cause the same to be taken up and set out : Provided, That in no case shall such discretion be exercised unless such trees form a ma- terial obstruction to the street or sidewalk, nor unless the season shall be favorable for transplanting the same. 849 Sec. II. All trees kept, maintained or culti- vated in any of the streets or public places of the city shall have the limbs cut close to the trunk and in such a manner that the boughs and branches thereof shall not be less than nine feet above the ground ; and it shall not be lawful to keep, maintain or cultivate trees in any of the streets or public places of the city, except in the manner provided in this ordinance ; and any person who shall fail to comply herewith, after three days’ notice from the Board of Public Works, shall be liable to the penalty hereinafter provided. 850 Sec. 12. Any person who shall keep or leave open any cellar door or grating of any coal hole, vault or area on any highway or sidewalk, or suffer the same to be kept or left open, or who shall suffer any sidewalk adjoin- Crosswalks kept clear. Building ma- terial on side- walk unlaw- ful. Shade trees, whe 3 planted. Board of Public Works authorized to remove trees, when. T rimming trees Cellar, vaults and coal holes left open. Penalty. 462 LAvVS AND ORDINANCES. Policemen to report defects in sidewalks. Washing pave- ments and windows. Sncw and ice i'2 cvcd off side /aik. Report acci- dents by policemen. Slope, pro- jections, etc. of sidejvalks. ing his premises to become or continue so broken as to endanger life or limb, shall be subject to the penalty here- inafter provided. 851 Sec. 13. Tt shall be the duty of all policemen to take note of all defects in sidewalks and when out of repair notify the Board of Public Works. 852 Sec. 14. From and after the first day of May until the first day of October of each and every year, it shall not be lawful for any person or persons to wash, or cause to be washed, any pavement or window upon the line of such pavement, with a hose or street washer, or by throwing or dashing water against and upon the same, be- tween the hours of 7 o’clock in the morning and 7 o’clock in the evening. And all dirt, dust and rubbish must be swept off from all sidewalks by 7 130 o’clock in the morning of each and every day. 853 Sec. 15. Every owner or occupant of any house or other building, and the owner or proprietor, lessee or persons entitled to possession of any vacant lot, and every person having charge of any church, jail, public hall or other public building in the city, shall, during the winter season and during the time snow shall continue on the ground, by 9 o’clock on each and every morning, clean the sidewalk in front of such house or building, and in front of such lot, from snow or ice, and keep it conveniently free thereof during the day; and shall also, at all times, keep such side- walk clear from all dirt or filth, or other obstructions or in- cumbrances, so as to allow citizens to use the said side- walks in an easy and commodious manner. 854 Sec. t 6. It shall be the duty of all policemen and other city officers in case of accident, to report the same to the City Attorney, together with the names of any wit- nesses to said accident, if known to them, at once in writing. 855 Sec. 17. Sidewalks shall be constructed so as to incline upwards from the outer edge one inch in every three feet, and no part of said sidewalk shall be taken, for private use, by lowering or cutting down the same next to the building, or railing off the same by any wooden or iron railing, or by shutting off* the public from passing SIDEWALKS. 463 along and over the same, and such sidewalk shall not be raised up next to any building by constructing any plat- form on the same of either wood, iron or stone, but such sidewalk shall be built flush up to the building, on a uni- form grade, as herein provided. 856 Sec. i8. No boiler, steam shaft, furnace or steam pipe, or cess pool, shall be constructed or located tor use, and no explosive substances, or inflammable oil or sub- stance, shall be stored or kept for any purpose under any sidewalk in the city ; and no excavation, when permitted, shall be ventilated into the street, unless the aperture or ventilating hole or opening shall be securely covered, as herein provided. 857 Sec. 19. Whenever the owner or occupants of any premises in the city shall be notified by the Board of Public Works, or by someone acting under the supervision of said Board of Public Works, to raise, lower or relay or repair any sidewalk bordering on any premises owned or occupied by him, it shall be the duty of such owner or oc- cupant to cause such improvement to be made within the time specified in such notice and in the manner to be directed by the Board of Public Works. If any such owner or occu- pant shall neglect or, refuse to comply with any such re- quirement, he shall be subject to the penalty hereinafter provided. 858 Sec. 20. It shall be unlawful for any person to construct or maintain, or cause to be constructed or maintained, any portico, porch, door, window, steps or fence, which shall project into or over any street, alley or side- walk in such manner as to obstruct free passage along or over the same. 859 Sec. 21. It shall be unlawful for any person to place or keep, or allow to be placed or kept, any pot, jar or box of plants or flowers in or upon the window sill of any building touching or coming near to the street line of any public street in the City of Fort Wayne, above the first story thereof without having such pots, jars or boxes pro- tected from falling into or upon the sidewalks of said streets by strong wire or iron guards, securely fastened to the outer casing of such windows. Inflammable material and boilers under sidewalks un- lawful. Owners noti- fied to repair sidewalks. =>rojection of porches and windows over sidewalks un- lawful. Pots, jars and boxes on win- dows on second stories unlawful. 39 464 LAWS AND ORDINANCES. Splitting wood on sidewalks unlawful. Water pipes across side- walks unlaw- ful. Scaling fish on sidewalks un- lawful. 860 Sec. 22. It shall be unlawful for any person to saw or split fire wood on any sidewalk of this city or cause or permit the same to be done. 861 Sec. 23. It shall be unlawful for the owner or occupant of any building to cause the pipes conducting water from the eaves of such building to be so constructed as to spurt water over the adjoining sidewalk. 862 Sec. 24. It shall be unlawful to clean or scale fish or to do anything that might tend to be a nuisance in or upon any street, alley or public place in this city. 862-A Sec. 25. The following ordinance is hereby repealed : Chapter 45, Revised Ordinances of the City of Fort Wayne, approved March ii, 1887, and all the amend- ments to any section thereof. Likewise any and all other ordinances or parts of ordinances in conflict therewith. 862-B Sec. 26. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. 863 Sec. 27. Any person violating any of the pro- visions of this ordinance shall, upon conviction, be fined in any sum not less than one dollar ($1.00) nor more than one hundred dollars (vSioo.oo.) [Approved January 26, 1900.] Ordinance Record i, page 366. GENERAL ORDINANCE NO. 91. AN ORDINANCE declaring buildings, walls or structures zvhich arc iinsafc or dangerous to occupants or passers- by or the adjoining building, or zvhich arc unsafe or dangerous for the purposes for which they are used, or are being in danger of being set on hre from any defect in their construction, or are especially dangerous in case of hre by reason of the bad condition of the walls, or lack of sufheient stairs or means of egress in case of hre, or from overloaded hoors, defective construction or other cause, to be a nuisance, providing for the removal of the same, the giving of a notice to the property UNSAFE BUIEDINGS, ETC. 465 holders or occupants, and for the collection of the ex- pense of such removal. 864 Sec. I. Be it ordained by the Common Council of the City of Fort IVayne, Indiana, That any building, wall or structure which is unsafe or dangerous to occu- pants or passers-by, or to adjoining buildings, or which is unsafe or dangerous for the purposes for which it is used, or is in danger of being set on fire from any defect in its construction, or is especially dangerous in case of fire by reason of the bad condition of walls or lack of sufficient stairs or means of egress in case of fire, or from overloaded floors, defective construction or other cause as is hereby declared a nuisance. 865 Sec. 2. Whenever it shall come to the knowl- edge of the Board of Public Works of the City of Fort Wayne, or complaint shall be made by two or more citizens that any building, wall or structure within said City of Fort Wayne is in the condition or of the character described in the preceding section, said Board of Public Works shall forthwith fix the time and place when and where the Board shall sit to hear and decide whether any such building is in such dangerous condition, and shall cause a notice of such meeting, setting the time, place and purpose thereof, to be served upon the owner, owners or occupants thereof, if he or they reside in the city, and if the owner, owners, agent or occupants of said building cannot be found within said city, then such notice shall be published for three consecutive days in a paper of general circulation in said city. Such notice shall be served or such publication completed at least one day before the time fixed for holding such meeting. 866 Sec. 3. At such meeting said Board shall pro- ceed to hear all the evidence offered by anyone interested in the matter, and also personally inspect the premises, and shall thereupon decide whether or not such building is in any such dangerous condition, and such decision shall be entered at length upon the records of the proceedings of said Board, and shall describe wherein the danger exists, and said Board shall also enter upon their records an order. Building walls, when unsafe, constitutes a nuisance. Notice to Board that walls are un safe. Notice served upon owner to appear be- fore Board. Publication of notice, when. Evidence heard as to condition of building. Record of buildings, condition made. LAWS AND ORDINANCES. Failure of owner to comply with order of Board. Penalty. Cost of remov- ing building kept and pre- sented to owner of building. Action to re- cover cost of removal by city. If public safety de- mands it, duty of Board 4b() directing the owner or owners, agents or occupants, within a reasonable time, to be fixed by said Board and specified in such order, to make the same safe in such way as may be directed by said Board and specified in such order, or to tear down and remove the same, if a removal thereof is deemed necessarv bv said Board. 867 Sec. 4. Whenever any owner, owners, agent, lessee or occupant shall neglect or refuse to comply with any order made under the provisions of the preceding section, within the time specified in such order, he shall be subject to a fine of not less than ten dollars ($10.00) or not more than one hundred dollars ($100.00) for each and every day such violation of any such order shall continue after the expiration of the time specified in such order ; and the Board shall proceed to tear down and remove such unsafe and dangerous structures, or to make the same safe as they mav have deemed it necessarv. 868 Sec. 5. An itemized account of the expenses of' tearing down and of removing such structure, or of putting the same in a safe condition, shall be kept by the Board of Public Works, and shall be presented to the owner of such structure for payment. In case that the owner shall refuse to pay the same uj'jon demand, then the same may be recovered from said owner in an action of debt in the name of the city. 869 Sec. 6. In all cases where the public safety re- quires immediate action, the Board of Public Works may enter upon the premises, without any preliminary steps in this ordinance, providing with such assistance as may be necessarv and cause such structure to be secured or taken down without delay, and collect the expense of such re- moval in the same way as provided in Section 5 of this ordinance. 869-A Sec. 7. All ordinances and parts of ordi- nances in conflict herewith are herebv repealed. 869-B Sec. 8. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved July 12, 1898.] Ordinance Record i, page 223. OPENING stkep:ts. 467 GENERAL ORDINANCE NO. 90. AN ORDINANCE prohibiting any person, firm or corpora- tion not a licensed plumber, sewer builder, gas fitter or zvater pipe fitter from excavating in any street, alley or public ground within the City of Fort IVayne, zvithout hrst obtaining a permit from the Board of Public Works and giving bond, and providing penalty for its violation. 870 Sec. 1. Be it ordained by the Common Council of the City of Fort Wayne, That no person, firm or corpora- tion, not a licensed plumber, sewer builder, gas fitter or water pipe fitter, shall injure or tear up any pavement, side- walk or crosswalk or any part thereof, dig any hole, ditch or drain, or dig or remove any sod, stone, earth, sand or gravel from any street, avenue, alley or public grounds in the City of Fort Wayne, without first having applied for and o1)tained a special permit from the Board of Public Works. The application filed must specifically locate the point of excavation, and, upon permission being granted, said applicant to execute a bond to the City of Fort Wayne for such a sum as may by the Board be deemed necessary, conditioned that said applicant will guard all excavations made in a way to protect the public, refill all openings made in the streets, alleys and public grounds within the city in a careful manner, and maintain such refilled places for a period of two years thereafter, and conditioned, further, that if applicant makes excavation in any paved street or alley, that said displacement will be repaired with such new ma- terial and in such proportions as the pavement originally contained. If the conditions of his bond are not complied with, principal and sureties on said bond shall be liable unto the City of Fort Wayne, in damage, or to any person, persons or cor])oration that may be injured by such failure, and the City of Fort Wayne, or anyone injured, may recover on the said bond. 870-A Sec. 2. All ordinances or parts of ordi- nances in conflict with the provisions of this ordinance are hereby repealed. Opening streets unless by plumber or gas fitter, restricted. Application made to the Board of Works. Bond filed. Extent of lia- bility on bond Penalty. Tenement houses and factories furnished with privies. Vault, depth. Water tight. Notice, to whom. When a nuisance. Who liable for maintaining. 468 LAWS AND ORDINANCES 871 Sec. 3. Any person violating any provision of this ordinance shall, upon conviction of such violation, pay a fine not exceeding one hundred dollars ($100.00) and not less than five dollars ($5.00) for each offense so committed. 871 -A Sec. 4. This ordinance shall be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved June 28, 1898.] Ordinance Record i, page 221. GENERAL ORDINANCE NO. 150. AN ORDINANCE regulating the eonstruetion of vaults. 872 Sec. I. Be it ordained by the Common Couneil of the City of Fort Wayne, That each and every tenement house, factory, dwelling house, shop, hotel and occupied building shall be furnished with a suitable privy, the vault of which shall be one which shall sink under ground at least four feet deep, and walled up with brick, stone or other metallic substance, which shall be watertight; and said privy shall at all times be kept so as not to cause un- wholesome, noxious or offensive smells. 873 Sec. 2. The Board of Health, upon being satis- fied that any tenement house, factory, shop, dwelling house, hotel building, hereinbefore mentioned, is not provided with a suitable privy, and having declared so, shall cause a writ- ten or printed notice to be given the owner or agent if found within the city (if not, then the lessee or occupant) ; and if within ten days such privy be not constructed, shall cause complaint to be made for violation of this ordinance, and each and every day’s failure to comply with such notice shall be deemed a distinct offense, and as such punished. 874 Sec. 3. All privies constructed of insufficient materials or in unsuitable places, or in insufficient and in- adequate manner, or suffered to become too full, or to emit noxious or offensive smells, shall be deemed a nuisance, if injurious to health, comfort or convenience. Any owner, occupant or lessee of premises whereon the same is situated shall be liable to the penalty herein provided for con- structing, suffering or maintaining the same. NUMBERING OF HOUSES. 469 875 Sec. 4. The contents of any privy shall not be deposited at any place other than that designated by the Board of Health. 876 Sec. 5. Nothing herein contained shall be con- strued as applying to houses, factories, stores, shops or build- ings furnished with a cleanly and proper water-closet, prop- erly connected with a sewer or water course ; nor shall any- thing herein be construed as repealing any ordinance hereto- fore established concerning privies and nuisances. 876-A Sec. 6. This ordinance shall be in full force and effect from and after its passage, approval by the Mayor and legal publication. [Approved January 26, 1900.] Ordinance Record i, page 373. GENERAL ORDINANCE NO. 71. AN ORDINANCE to provide for the uniform numbering of houses. 877 Sec. I. Be it ordained by the Common Couneil of the City of Fort Wayne, Indiana, That every owner of a building on any street, avenue or alley in the city shall be notified of the proper number of such building by the City Engineer or the Board of Public Works, place the same in a conspicuous place on the front of such buildings. One whole number shall be allowed on every twenty feet of ground wherever practicable, whether improved or vacant, provided that any house or tenement with a less front than twenty feet shall receive a whole number, and that all streets, avenues or alleys running north and south shall num- ber from St. Mary’s and Maumee rivers or the commence- ment of said street nearest thereto with odd numbers on the east side and even numbers on the west side of said streets, avenues or alleys, and all streets, avenues or alleys running east and west shall be numbered east from Calhoun street, or the terminus of said street nearest thereto, with odd numbers on the north side and even numbers on the south side, and west from Calhoun street, or the terminus of said street nearest thereto, with odd numbers on the Contents, where depos- i led. To what houses this Ordinance, does not apply. House numbers. Placed where. Width of lots. How numbered. 470 LAWS AND OKDINANCES. Starting. points, where. f?efusal to number. Penalty. Engineer to divide lots in spaces. Book of num- ber kept in his office. south side and even numbers on the north side of said streets, avenues or alleys, and in numbering said streets, avenues or alleys, one hundred numbers shall be allowed to each block of the usual length of blocks, so that the num- ber of each consecutive block shall commence with con- secutive hundreds and one. 878 Sfx. 2 . The City Civil Engineer, in making out the proper number of said houses, shall be governed by the initial or starting point, which shall be the St. Mary’s and Maumee rivers and Calhoun street, respectively, allowing one hundred numbers for each square, with an even hun- dred at the commencement of each square, as aforesaid, and in all respects adhering to the decimal system of enumera- tion. Also, in all streets running in opposite directions, but not extending to the initial points, the same order of enumeration shall be observed as though such streets did actually extend to such points. And in such parts of the city as it may be impracticable to accurately follow this system, the said City Civil Engineer shall arrange the num- bering as nearly in accordance therewith as possible. 879 Sec. 3 . Every person who may be the owner, lessee or occupant of any building required to be numbered by this chapter or any subsequent ordinance, who shall re- fuse or neglect to number his, her or their building in con- formity with this ordinance or any subsequent- ordinance, and in compliance with the direction of the engineer, shall be fined in the sum of not less than one dollar ($ 1 . 00 ) or more than five dollars ($ 5 . 00 .) 880 Sec. 4 . The City Civil Engineer is hereby re- quired to have the different lots and blocks herein required to be numbered into the proper spaces and to fix to each of said spaces the proper number and enter into a suitable book to be prepared by him and kept in his office, a distinct mem- orandum of such spaces of the corresponding numbers, and at all reasonable hours, when requested to do so, said engi- neer shall permit such book to be inspected and copies to be taken therefrom, and he shall furnish information as to the pro])er number to represent any building or piece of ground whether required by the Council to be numbered or not. AKKAS OR BASEMENTS BUILT. 471 881 Sec. 5. The numbers shall consist of figures not less than three inches in length, and so made as to be distinctly or easily read. . 881 -A Sec. 6. This ordinance shall be in full force and efifect on and after January i, 1898, and its passage and approyal by the Mayor. [Approved' April 27, 1897.] Ordinance Record i, page 19 1. GENERAL ORDLNANCE NO. 141. AN ORDINANCE authoriAng the construction of areas, vaults and basements binder sidewalks. 882 Sec. I. No person, persons, firm, corporation or association shall hereafter excavate, construct or build any area or basement under any sidewalk, street, highway, ave- nue, lane or alley in the City of Eort Wayne, unless per- mission shall have first been granted by the Board of Public Works to build or construct such area or basement. 883 Sec. 2. The walls enclosing such area or base- ment shall in no case extend into or under any sidewalk, street, highway, avenue, lane or alley in the City of Fort Wayne, farther than to the inside of the curb line of any such street, highway, avenue, lane or alley in the City of Fort Wayne, and no such area wall shall be built in any case until a plan of such wall, showing the location, dimensions the material to be used and the manner of construction thereof, shall have been submitted to the Board of Public Works and shall have been approved by said Board. 884 Sec. 3. It shall be and it is hereby made the duty of the Board of Public Works to examine any plan of contemplated area walls which shall be submitted to them, and tlie proposed location thereof, and to approve or disap- prove of the same ; and to supervise the construction of the same according to such plans and specifications furnished to and approved bv said Board as aforesaid. 885 Sec. 4. In granting permission to excavate, con- struct or build any area or basement under any sidewalk, street, avenue, highway, lane or alley in the City of Fort Size of numbers. Areas or base- ments built. Permission of Board of Works. Extent of areas or basements. Plans of areas or basements examined by Board of Works. 472 LAWS AND ORDINANCES. Permission to build areas subject to fu ture use by city. Areas on street corners prohibited. Penalty. Coal hole, cov- ered with iron plate. Owner of property lia- ble for de- fective coal holes, etc., when. Wayne, as provided in this ordinance, the City of Fort Wayne does not relinquish any right it has or may have to use that portion of or under any sidewalk, street, avenue, highway, lane or alley in the City of Fort Wayne, which may be included in such area or basement, for any purpose for which it might have used the same as if such permission had not beeen granted. 886 Sec. 5. No permit shall be granted for the per- manent use and occupancy of so much space under the side- walks at the corner of the streets as may be necessary for hydrants, lamp posts, or for access to the same, and such space shall be specified and reserved in all cases for the use of the citv whenever it may require the same for any purpose. 887 vSec. 6. Any owner, builder or other person who shall, in violation of this ordinance, occupy or use any part of the public street beneath or under any such sidewalks, or included within the sidewalk lines, or if there be no such sidewalks, shall occupy or use below the grade such part thereof as comes within the sidewalk lines of said street, without a permit first had, and obtained under this ordi- nance, shall be liable to the penaltv hereinafter prescribed. 888 Sec. 7. Every opening in any vault or coal hole or other aperture in the sidewalk or over said coal hole or vault, shall be covered with a substantial iron plate, with a rough surface, to prevent accidents, and the entire con- struction of said coal holes and vaults shall be subject to the directions and supervising of the City Civil Engineer, or such other person as the Board of Public Works may desig- nate. 889 Sec. 8. The owner or occupant of the abutting premises, in front of which any coal hole, vault or area is thus permitted to be constructed, shall be held responsible for any and all damages to persons or property, in conse- quence of any defect in the construction of such coal hole, vault or area, or for allowing the same or any portion thereof to remain out of repair; and such owner and occupant shall be required to keep the said coal hole, vault or area, and the walls and coverings of the same in good order at all times. 890 Sec. 9. The owner or occupant of any prem- PAYMENT OF DAMAGES. 473 ises abutting on such coal hole, vault or area shall be held responsible for any and all damages occasioned to persons or property in consequence of the aperture in the sidewalk being left open or uncovered, or from the cover thereof being left insecure or unfastened, and such occupant shall be re- quired to keep such coal hole, vault or area cover in good order and safe for public travel over the same. 891 Sec. io. No person or persons shall remove or insecurely fix, or cause, or sufifer, or permit to be removed or insecurely fixed, so that the same can be moved in its bed, any grate or covering of an\ coal hole, vault or chute under any sidewalk or other public place : Provided, That nothing herein contained shall prevent the owner or occupant of the premises with which such coal hole, vault or chute shall be connected, from removing such grate or covering for the pro]:>er purpose of such coal hole, vault or chute, provided he inclose such opening or aperture and keep the same inclosed while such grate or covering shall be removed, with a sub- stantial box or curb not less than twelve inches high, and pro- vided, further, that he shall not remove such grate or cov- ering until after daylight of any day, and shall replace such grate or covering before one-half hour after sunset. 892 Sec. II. Any person violating any of the pro- visions of this ordinance, upon conviction, shall be fined in anv sum not exceeding one hundred dollars ($ioo.oo.) 892-A Sec. 12. All ordinances or parts of ordi- nances in conflict herewith are herebv repealed. 892- B Sec. 13. This ordinance to be in full force and efifect from and after its passage, approval by the Mayor and legal publication. [Approved November 14, 1899.] Ordinance Record i, page 339. Coal holes left open, who liable. Covers of opening re- moved Owner may 1 move if he protects opening. Penalty. GENERAL ORDINANCE NO. 123. AN ORDINANCE in relation to the payment of damages by the City Treasurer for the condemnation of real estate. 893 Sec. I. Be it ordainfd by the Common Council 474 LAWvS AND ORDINANCES. Property con- demned for public pur- poses, dam- ages, how paid. Abstract of title required. - City Attorney to bring suit. of the City of Fort Wayne, That whenever any damages have been awarded by the Board of Public Works, for or on account of the condemnation of real estate, for the use of the public in opening, widening, altering or straightening of streets or alleys, it shall be the duty of the City Treasurer, before paying such damages, to require the party to whom such damages are awarded to furnish him an abstract of the title to the said property so condemned ; and if such ab- stract shall show any mortgages, judgments or other liens upon the same, the said Treasurer shall require the party awarded such damages to procure a release of the property from such liens before he shall be entitled to collect such damages. In case the said party shall not obtain such re- lease, then it shall be the duty of the Treasurer to notify the holders of .such liens of such condemnation and of the awarding of such damages, and require them to at once make any claims that they desire to hold against such dam- ages : and in the event the parties cannot agree as to whom the said damage shall be paid, then the Treasurer shall re- port all the facts to the City Attorney, whose duty it shall be to institute proceedings, as required by Section i6 of the act of the legislature in relation to the laying out, opening, widening, altering and vacating streets, alleys, highways, etc., approved March 17, 1875. 893-A Sec. 2. This ordinance shall be in full force and effect on and after its passage, approval by the Alayor and legal publication. [Approved June 13, 1899.] Ordinance Record i, page 285. GENERAL ORDINANCE NO. 43 - AN' ORDINANCE requiring all persons ozvning property abutting on streets having a grade higher than the side- zvalk direetly contiguous thereto, to place said property in such a condition as to prezjent the ground abutting on the sidezvalk from zvashing dozvn, along and over the sidezvalk, and providing a penalty for the violation of this ordinance. 894 Sec. I. Be it ordained by the Common Council PEKvSONAT. PKOPEKTY BELONGING TO CITY. 475 of the City of Fort Wayne, That it shall be the duty of all persons, companies or corporations owning property abut- ting on any streets, alleys or public ])laces in the City of Fort Wayne, said property having a grade higher and above the street, sidewalk, alley or public place lying directly con- tiguous thereto, to eitjiier sod said abutting ])roperty or in some manner place the same in such a condition as to pre- vent said contiguous ground from washing down, over and along the said sidewalk, street, alley or public place. 895 Sec. 2. Any person failing to comply with the provisions of this ordinance shall be deemed guilty of main- taining a nuisance and, upon conviction, shall be fined in any sum not exceeding five dollars ($5.00), and each day’s continuance in violation of the provisions of this ordinance shall be deemed to constitute a separate offense. 895-A Sec. 3. This ordinance shall lie in full force and effect from and after its passage and approval by the Mayor and the publication of the same once each week for two consecutive weeks in a daily newspaper of general cir- culation printed and published in the City of Fort Wayne, Indiana. [Approved December 10, 1895.] Ordinance Record i, page 126. GENERAL ORDINANCE NO. 112. AN ORDIN ANCF. authorising the sale and alienation of personal property belonging to the City of Fort Wayne, and matters connected therewith, and fixing the time for the taking effect thereof. 896 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That whenever any personal property belonging to said City of Eort Wayne shall no longer be needed, or no longer fit for the purpose for which it was intended to be used, and it shall be deemed advisable by the head or heads of any department. of said city having the care and custody of such property to sell the same, such head or heads of any such department shall make or cause to be made an inventory of such property, particularly describ- Terraces along side- walk to be sodded. Penalty. Personal prop- erty, sale of. 476 LAWS AND ORDINANCES. Inventory, how made. Appraise- ments, how made. Mayor submits inventory, etc., to Com- mon Council. Sale, how made. Voucher given ing it, and shall cause such property so inventoried to be ap- praised by three disinterested freeholders of such City of Fort Wayne, to be appointed for that purpose by the Judge of the Circuit Court in and for the County of Allen and State of Indiana, neither of such appraisers to be officers or employes of said city, which appraisers so appointed shall make their appraisement and sworn valuation in writing, which appraisement and sworn valuation in writing, together with such inventory, shall be returned to the Mayor of said city, who shall, if he approves said proceedings and contemplated sale, endorse his approval of the same in writing on such appraisement and sworn valuation, and if such valuation shall amount in the ag'gregate to a sum less than two hundred dollars ($200.00), said Mayor shall return said inventory, appraisement and approval to the de- partment from which it came ; but if such valuation shall amount in the aggregate to two hundred dollars ($200.00) or more, said Mayor shall submit said inventory, appraise- ment and approval to the Common Council, which shall, if it approves such sale, authorize the same by ordinance-. When such sale shall be approved by the Mayor, if the aggregate appraisement is two hundred dollars ($200.00), or if the aggregate appraisement is two hundred dollars ($200.00) or more, when approved by the Mayor and the Common Council, the head or heads of any such depart- ment shall thereupon offer said property for sale at public or private sale, upon such notice as shall seem advisable to such head or heads of the department, and shall sell the same or any part thereof for the best price that can be ob- tained for such property. But no sale of any property shall be made for a less sum than the appraisement therein, and no sale shall be made except for cash. Whenever a pur- chaser for any such property is found, such purchaser shall pay the purchase price to the head or heads of such department, who shall thereupon deliver to such pur- chaser a bill of sale of such property, and such purchaser shall thereupon be entitled to the property so sold. Imme- diately after any such sale the head or heads of such de- partment shall pay the purchase money into the city WATER WORKS TRUSTEES. 477 treasury, and receive a voucher therefor, which voucher shall be deposited with the City Comptroller and a careful ac-. count of the transaction shall be kept by the department making- the sale. 897 Sec. 2. Each of the three appraisers appointed for any sucli appraisement, as provided for in the pre- ceding section, shall be entitled to receive for his services the sum of two dollars ($2.00) upon presentation to the City Comptroller of a certificate from the head or heads of such departments, that such ])crson has been appointed as such appraiser, and has made such appraisement, and pay- ment thereof shall be from the fund appropriated to the Finance Department for incidental expenses of the city of- ficers. 897-A Sec. 3. All ordinances and parts of ordi- nances in conflict herewith are herebv repealed. 897-B Sec. 4. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved April 25, 1899.] Ordinance Record i, page 267. GENERAL ORDINANCE NO. 100. AN ORDINANCE requiring the Board of Water Works Trustees to set aside as a sinking fund, to pay interest and principal of water zvorks indebtedness, any surplus of the revenues of the department, after paying oper- ating expenses, and making all necessary extensions. 898 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That the Board of Water Works Trustees are hereby required to set aside as a sinking fund any surplus of revenues of the department that may now exist or that may be accumulated during the year, after paying the operating expenses and making the necessary extensions. Said sinking fund to be used by said Board in November, 1899, the ]3artial ])ayment of the interest and principal of water works 1)onds coming due at that time. 898-A Sec. 2. This ordinance to be in full force Appraisers’ fee. Water Works T rustees. To set aside a sinking fund. 478 LAWS AND OKDINANCES. City Clerk fees for transcripts. County Auditor authorized to refund city taxes, when. Statement to Comptroller by Auditor, when. and effect on and after its passage and approval bv the Mayor. [Approved January 24, 1899.] ( )rdinance Record i, page 235. AX ORDI NANCE fixing the fees by him charged for the making of transcripts. (Approved April 11, 1887.) 899 Srx'. I. The City Clerk of said city shall he entitled to the same fees for making out and certifying transcripts as are allowed hy law to the Clerk of Allen county : and in all cases said fee shall he paid in advance of delivery. Said Clerk is hereby authorized, empowered and directed to retain in his possession such transcri])ts until his fees for making out and certifying the same shall have hceen paid or tendered to him by the party applying for the same. GENERAL ORDINANCE NO. 28. A.Y ORDI N ANCE authorizing the Comity Auditor to issue overcharges and rcfnnders to parties erroneously as- sessed for city taxes. 900 Sec. I. Be it ordained by the Common Council of the City of Eort Wayne, That the County Auditor is hereby authorized and empowered to issue overcharges and refunders to parties erroneously assessed for city taxes, and the same authority is hereby conferred upon the County Auditor in relation to city taxes in the issuing of overcharges and refunders as is now conferred upon the Auditor under the law in regard to county and state taxes : Provided, ddiat the Auditor shall, at least twice each year, namely : On the first day of January and the first day of June, make a statement in writing of all city taxes refunded and over- charges made during the six months preceding the time of making of such statement and certify the same to the Comp- troller of said citv. The said statement to contain the rea- ovkk-chak(;hs and kefundkk\s. 47V sons for issuing- each and every refnnder and the making of each and every overcharge tlierein contained. 900-A Sfx. 2. This ordinance shall be in full force and effect from and after its ])assage and approval by the Mayor. fAp])roved i\ larch 12, 1895.] Ordinance Record 1, page 99. MALFEASANCE OE OEEICERS. (Approved March 11, 1887.) (Chapter 27, Revised Ordinances.) 901 Sec. I. Any complaint making charges against any member of the Common Council or any officer of the city, shall be made in writing, specifying the grounds of such charges, and such complaint shall be signed and sworn to by the person making the same, and shall be filed with the City Clerk, and the same shall be by the said Clerk re- ported to the Council immediately, if the Council is then in session, or, if not in session, then at its next meeting. 902 Sec. 2. The Common Council shall, if in its opinion the charges made are proper to be tried and investi- gated, fix a time for the trial of the same. A copy of said charges, with a notice of the time fixed for such trial, shall be served on the accused at least five days before the time fixed for trial. 903 Sec. 3. That at the time fixed for such trial, or at such other time as the Council may adjourn to, the charges made in such complaint shall be tried before the Council. The accused shall have the right to be present and defend himself in person and by counsel. He shall be entitled to have from the Alayor, at his own cost, subpoena or other compulsory process, to compel the attendance of witnesses and the production of books and papers. It shall be the duty of the City Attorney, upon notice from the Common Council, to conduct such trial. 904 Sec. 4. If any charge as aforesaid shall be pre- ferred against a member of said Council, he shall have no vote in any of the proceedings upon such charges ; and if the Mayor be such accused party, the Council shall a])point Officers’ malfeasance of, complaint filed with Clerk. Time for trial, how fixed. Charges, how tried. Duty of City Attorney. Officers sus- pended during trial. 480 LAWS AND OKDINANCES. Two-thirds vote to estab- lish guilt. South Wayne. Annexation. a president from among their own body ; and if against the Clerk, the Council shall appoint a clerk “pro tern,” to serve as such, until such charge shall be determined. 905 Sec. 5. After conclusion of the evidence and argument, if any, a viva voce vote shall be taken on each specification of such charge, when if two-thirds of all the whole number of said Council shall determine that the ac- cused is guilty of such charge, or of any specification there- of, the offender shall be suspended, reprimanded or re- moved from his office, and sentence shall be pronounced by the presiding officer of the Council. GENERAL ORDENANCE NO. 8. AN ORDINANCE providing for the annexation of the En- tire Corporate Territory of the Town of South Wayne, Allen County, Indiana, to the City of Fort Wayne, Allen County, Indiana, and providing for the publishing of this ordinance at least tzvo conseeiitive zveeks in a daily nezvspaper of general circulation published i)i said city. 906 Sec. I. Be it ordained by the Coninwn Council of the City of Fort Wayne, Indiana, That all of the terri- tory now constituting the Town of South Wayne, Allen County, Indiana, be annexed to and become a part of the City of Eort Wayne, Allen County, Indiana, the corporate limits of said town being contiguous to the corporate limits of said city, and more particularly described as follows, to-wit : Commencing at the intersection of the right bank of the St. Mary's river with the north line of the south half of the southeast ciuarter of Section to, Township 30 north, Range 12 east, second princi])al meridian in Allen County, Indiana: thence east 2,343 feet to the center of Broadway; thence south along the center line of Broadway eighteen feet to the center of Creighton avenue : thence east along the center line of Creighton avenue 2,640 feet to the center of Iloagland avenue: thence south along the center line of Hoagland avenue 5,164 feet to the intersection of the north line of Richardville reservation : thence wxst along said re- stkkkt caks. 481 serve line 4,980 feet to the intersection of the right bank of the St. Alary’s river; thence north and northwesterly with the nieanderings of said river to the place of beginning, containing 600 acres, in Allen County, Indiana. 906-A Sec. 2. This ordinance shall be in fnll force and effect from and after its passage and approval by the Alayor and the publishing of the same for two consecutive weeks in the Fort Wayne Daily Gazette, a daily newspaper of general circulation jjublished in the City of Fort Wayne, Indiana. [ Approved August 14, 1894.] Ordinance Record i, page 75. AN ORDIN.INCE authorizing the Mayor to remit fines for the violation of city ordinances. (Approved March 11, 1887.) (Chapter 41, Revised Ordinances, 1887.) 907 Sec. I. The Alayor of the City of Fort Wayne is hereby authorized to remit any fine assessed for a viola- tion of the city ordinances, when in the exercise of a sound and reasonable discretion he may deem such remitter just and proper. GENERAL ORDINANCE NO. 68. Ai\‘ ORDINANCE to require street cars to he equipped with fenders and wheel guards, and forbidding any person to get upon such fenders ndien not in danger of injury. 908 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That all persons, associations or corporations now or hereafter owning or operating street railways in the City of Fort Wayne by electricity, shall provide all of their grip or motor cars now or hereafter in use with fenders designed to catch and sustain any human being who may be in the way of such car, and also provide and equip all their street cars with front and rear wheel guards, which fenders and wheel guards shall be of a de- sign winch the P>oard of Public Works shall have certified Mayor, remis- sion, fines. Motor cars supplied with fenders. Design of fenders to be approved by Board of Works. 482 LAWS AND ORDINANCES. Board of Works to pass on de- sign. Violation. Penalty. Persons going upon fenders, Penalty. in writing, meets the approval of such Board. All such cars shall be equipped with such fenders and wheel guards by July 1st, 1897, and such fenders and guards shall be placed on all street cars in use hereafter. 909 Sec. 2. It shall be the duty of the Board of Public Works to examine and pass upon all designs for fenders and guards submitted to such Board by any street railway company, and to give a written certificate to such company of the approval or disapproval of such designs by said Board. 910 Sec. 3. Any person, corporation or employe, operating any street car in the City of Fort Wayne after July 1st, 1897, not equipped with fenders and guards as hereinbefore provided, shall be guilty of a misdemeanor, and, upon conviction thereof in the Mayor’s court of the City of Fort Wayne, shall be fined not less than one hun- dred dollars ($100.00) for each and every offense, and every day’s violation thereof shall constitute a separate of- fense. 911 Sec. 4. Any person who, when not in danger of injury, shall get upon any such fender attached to any such car, as hereinbefore provided, whether such car be standing still or in motion, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00.) [ Approved February 9, 1897.] Ordinance Record i, page 184. GFNERAL ORDINANCE NO. 153. AX ORDINANCE directing and requiring the use of the union label of the International Typographical Union of North America, or subordinate body, the Allied Printing Trades Council of the City of Fort Wayne, on all printed matter, blank books, etc., to be used by the City of Fort Wayne, Indiana, and requiring all city piiblC cations to be made in papers employing printers belongs ing to said Typographical Union or said subordinate bod\, the Allied Printing Trades Council. LEGAL HOLIDAYS. 483 912 Sec. 1. Be if ovdciuicd by the C oiii iiiou Council Public printing of the City of Port Wayne, That all printing' used and ordered by the City of Fort Wayne shall l)ear the imprint of the recognized union label of the Allied Printing Trades Council, of Fort Wayne, Indiana. 913 Sec. 1. That all advertising of said City of Fort city advertis- Wayne required by law to be published in any newspaper ing let to in the Citv of PArt Wavne, Indiana, shall lie published in, shops employing and the contract for jniblishing the same shall be let to ^nion labor. some newsjiaper employing members of said International Typographical Union and Allied Printing Trades Council, and authorized by said Allied I^rinting Trades Council to use the label and imprint of said Allied Printing Trades Council. 914 Sec. 3. All bids may be rejected if deemed too high by the Board of Public Works, and if the bidders are p°Hnt- deemed irresponsible by said Board, and all printing shall ing, how let. be let to the lowest and best bidder, subject to the rules and regulations hereinbefore specified. 914-A Sec. 4. 'Fhis ordinance to be in full force and effect on and after its'j^^ssage and approval by the Mayor. [Approved ]\ larch 13, 1900.] Ordinance Record i, page 378. CFXFRAL ORDIXAXX'F XO. 139. AX ORDINANCli relating to legal holidays. 915 Sec. 1 . Be it enacted by the Common Conncil of the City of Fort I Payne, That all municipal offices shall remain closed and no public business shall be transacted in and on all days that are designated by the statute of the State of Indiana as legal holidays. 915-A Sec. 2. ddiis ordinance to be in full force and effect on and after its jiassage and legal publication. [Apjiroved October 24, 1899.] Ordinance Record i , jiage 336. Holidays, municipal of- fices to be closed on. 484 LAWvS AND OKDINANCKS. Seal of city es- tablished, what it shall consist of. Bonds, certain officials to give. Comptroller. Board of Public Safety. Health. Engineer. Clerk of public safety. County Auditor. AN ORDINANCE providing a seal for the City of Fort JVayne, Indiaiia. 916 Si-c. 1. 1'he seal heretofore ])rovided and used by and for the City of Fort Wayne (the impression on which is a representation of Mercury's Wand, entwined with two serpents on the right, a sword on the left, a pair of scales on the top, with the word “Ke-ki-on-ga," with the inscription, “City of Fort Wayne, Indiana,” around the outer edge of said seal; which seal is hereunto annexed) shall be and is hereby established and declared to have been and now to he the seal of the City of Fort Wavne. [Approved ?\larch ii, 1887.] GENERAL ORDINANCE NO. i. AN ORDINANCE requiring the Comptroller, the Board of Eiihlic Safety, the Board of Public Health and Charities, the County Auditor, the County Treasurer, the City Civil Engineer, to execute bonds to the City of Fort JEayjie for the faithful performance of their duties and fixing the amounts thereof. 917 Sec. I. Be it ordained by the Common Couneil of the City of Fort JVayne, That the Comptroller's bond be fixed at the sum of one hundred and fifty thousand dollars ($150,000.00.) [As amended Eebruary 22, 1898.] 2. That the bonds of the members of the Board of Public Safety be fixed at the sum of five thousand dollars ($5,000.00) each. 3. That the bonds of the members of the Board of Public Health and Charities be fixed at the sum of five hun- dred dollars ($500.00) each. 4. d'hat the bonds of the City Civil Engineer be fixed at the sum of two thousand dollars ($2,000.00.) 5. That the bond of the Clerk of the Department of Public Works, Public Safety, and Public Health and Chari- ties l)e fixed at the sum of two thousand five hundred dollars (v$2, 500.00.) 6. That the bond of the County Auditor be fixed at the sum of five thousand dollars ($5,000.00.) • Ti - ! ; ■' s * :< ' i V BONDS OF certain OFFICERS. 485 7. That the bond of the County Treasurer be fixed at the sum of five hundred thousand dollars ($500,000.00.) 8. That the bonds required to be executed by this ordi- nance to be approved by the Mayor and filed with the head of the Department of Finance. [Approved May 8, 1894.] Ordinance Record i, page 55. County Treasurer. Bonds to be approved by Mayor. GENERAL ORDINANCE NO. 2. AjY ordinance requiring certain officers, clerks, as- Bonds of cer- sistanfs and employes to execute bonds to the City of officers. Fort Wayne for the faithful performance of their duties and fixing the amounts thereof. 918 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That the bond of the Deputy City Civil Engineer be fixed at the sum of one thousand dollars ($1,000.00.) 2. That the bond of the Superintendent of Street Re- pairs be fixed at the sum of one thousand dollars ($1,000.00) 3. That the bond of the Foreman of Street Repairs be fixed at the sum of five hundred dollars ($500.00.) 4. That the bond of the Janitor for the city hall be fixed at the sum of five hundred dollars ($500.00.) 5. That the bond of the Assistant Janitor for the city hall be fixed at the sum of two hundred dollars ($200.00.) 6. That the bond of the Custodian of Parks be fixed at the sum of five hundred dollars ($500.00.) 7. That the bond of the Marketmaster be fixed at the sum of one thousand dollars ($1,000.00.) 8. That the bond of the City Poundmaster be fixed at the sum of five hundred dollars ($500.00.) 9. That the bond of the City Weighmaster be fixed at the sum of one thousand dollars ($1,000.00.) TO. That the bond of the Superintendent of Police be fixed at the sum of two thousand dollars ($2,000.00.) II. That the bond of the Captain of Police be fixed at the sum of one thousand five hundred dollars ($1,500.00.) 186 LAWS AND ORDINANCES. Lieutenant of Police. Sergeant of Police. Patrolmen. Patrol Driver. Station Clerk. Electrician. Humane officer. Chief of Fire Force. Engineers. Captains, Fire Department. Electrician, Fire Depart- ment. Firemen. Sanitary Police. To be ap- proved by Mayor. 12. 1 hat the bond of the Lieutenant of Police be fixed at the Slim of one thousand five hundred dollars ($1,500.00.) 13. That the bond of the Sergeant of Police be fixed at the sum of one thousand five hundred dollars ($1,500.00.) 14. That the bond of the Patrolmen be fixed at the sum of one thousand dollars ($1,000.00.) 15. That the bond of the Patrol Driver be fixed at the sum of one thousand dollars ($1,000.00.) 16. That the bond of the Station Clerk be fixed at the sum of five hundred dollars ($500.00.) 17. That the bond of the Electrician of the Police De- partment be fixed at the sum of one thousand dollars ($1,000.00.) 18. That the bond of the Humane Officer be fixed at the sum of two thousand dollars ($2,000.00.) 19. That the bond of the Chief of the Fire Force be fixed at the sum of five thousand dollars ($5,000.00.) 20. That the bonds of the Engineers of the Fire De- partment be fixed at the sum of five hundred dollars ($500.00.) 21. That the bonds of the Captains of the Fire De- partment be fixed at the sum of five hundred dollars ($500.00.) 22. That the bond of the Electrician of the Fire De- partment be fixed at the sum of one thousand dollars ($1,000.00.) 23. That the bonds of the firemen of all classes be fixed at the sum of five hundred dollars ($500.00.) 24. That the bonds of the Special Sanitary Policemen be fixed at the sum of one thousand dollars ($1,000.00.) 25. That the bonds recpiired to be executed by this ordinance be a])]3roved by the Mayor and filed with the De- ])artment of Finance. 918-A Sec. 2. All ordinances or parts of ordinances in conflict herewith are herebv repealed. 918-B Sec. 2. This ordinance shall be in full force and effect from and after its ])assage and approval by the Mayor of the City of Fort Wayne, Indiana. [Approved June 12, 1894.] Ordinance Record t, ]')age 5 ^^- certain streets in tenth ward 487 GENERAL ORDIXAXX'E XO. 73. AX ORDINANCE changing the name of certain streets in the Seventh zvard. 919 Sec. I. Be it ordained by the Common Council of the City of Fort IVayne, Indiana, That the name of Ham- ilton street, running from Calhoun street to Lafayette street, be known and designated as Wallace street. 919-A Sec. 2. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. [Approved April 27, 1897.] Ordinance Record i, page 193. A A' ORDINANCE to change the name of Samuel street to the name of Buchanan street. . 920 Sec. t. Be it ordained by the Common Council of the City of Fort IVayne (two-thirds of all the members concurring), That the name of Samuel street be changed to the name of Buchanan street. 920-A Sec. 2. This ordinance shall take effect and be in force from and after its passage. Done at the Council Chamber in the City of Eort Wayne, this 13th day of August, 1889. b. L. HARDING, Mayor. Attest : W. W. ROCKHILL, City Clerk. GENERAL ORDINANCE NO. 74. AN ORDINANCE changing the names of certain streets in the Tenth zvard. 921 Sec. I. Be it ordained by the Common Council of the City of Fort IVayne, Indiana, That the names of the following described streets in the Tenth ward be hereafter known by the following names, viz : Eirst — Thomasetta street, from Gay street to Thomas street, and Julia street, from Thomas street to Holton ave- nue, be known and designated as Hurd street. Hamilton street changed to Wallace street. Samuel street changed to Buchanan street. Thomas street changed to Hurd street. 488 LAWS AND OKDINANCES. Jennison street changed to Fisher street. Bowser street changed to Second street. Chicago street changed to Brooklyn avenue. Second — jennison street, running from Holton avenue to Winter street, be known and designated as Fisher street. 921 -A Sec. 2. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. [Approved April 27, 1897.] Ordinance Record i, ])age 194. GENERAL ORDINANCE NO. 75. HA" ORDINANCE changing the names of eertain streets in the AC nth zvard. 922 Sec. 1. Be it ordained by the Common Council of the City of Fort Wayne, Indiana, That the name of Bow- ser street, running from Wells street west to Barthold’s addition, 1 )e known and designated as Second street. 922- A Sec. 2. This ordinance to be in full force and eff'ect from and after its passage and approval by the Mayor. [Approved April 27, 1897.] Ordinance Record i, page 195. GENERAL ORDINANCE NO. 79. AN ORDIN ANCE changing the name of a eertain street in the Third zvard. 923 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, Indiana, That the name of Chi- cago street, running from Calhoun street west to Fairfield avenue, be known and designated as Brooklyn avenue. 923- A Sec. 2. This ordinance to be in full force and effect from and after its passage and approval by the Mayor. [Approved September 28, 1897.] Ordinance Record i, page 200. GENERAL ORDINANCE NO, 42. AN ORDINANCE changing the name of Nirdlinger avenue to Szvinney az'oine. 924 Sec. t. Be it ordained by the Common Council certain streets in eighth ward. 489 of the City of Fort IVaync, That the name of the street in Edsalhs addition, known as Nirdlinger avenue, be changed and hereafter be known and designated by the name of Swinney avenue. 924-A Sec. 2. This ordinance shall be in full force and eiYect from and after its passage and approval by the Mayor. [Approved December lo, 1895.] Ordinance Record i, page 125. GENERAL ORDINANCE NO. 44. AN ORDINANCE naming the alley between Berry and IVayue streets, from Calhoun street to Harrison street. 925 Sec. i. Be it ordained by the Common Council of the City of Fort Wayne, That the alley between Berry and Wayne streets, from Calhoun street to Harrison street, be hereafter known bv the name of Arcade court. 925-A Sec. 2. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. [Approved December 23, 1895.] Ordinance Record 1, page 127. GENERAL ORDINANCE NO. 72. AN ORDINANCE changing the names of certain streets in the Eighth zvard. 926 Sec. i. Be it ordained by the Common Council of the City of Fort Wayne, Indiana, That the names of the following described streets and avenues shall be hereafter known by the following names, viz: Eirst — Alliger street, running from Pioneer avenue to New Haven road, to be known and designated as Grant avenue. Second — Winch street, running from Pioneer avenue to New Haven road, to be known as Wabash avenue. Third — Maumee road, from Harmer street to city limits, to be known as Maumee avenue. Fourth — Penn street, running from Alliger street to Nirdlinger changed to Swinney avenue. Arcade court. Alliger street changed to Grant avenue Winch street changed to Wabash avenue. Maumee road changed to Maumee avenue. 41 490 LAWS AND OKDIXA^'CKS. Penn street changed to Winch street. Hugh street changed to Alliger street. Eliza street changed to Penn street. Reuss ave- nue. Traffic over it Penalty. Lumbard street, to l)e known and designated as Winch street. Fifth — Hugh street, running from Walton avenue to Alliger street, to be known and designated as Alliger street. Sixth. — Eliza street, running from Walton avenne to Alli- ger street, to be known and designated as Penn street. 926-A Sec. 2. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. [Approved April 27, 1897.] Ordinance Record i, page 193. AN ORDINANCE naming, dedicating and regulating the use of Reuss avenue. 927 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That the roadway opened and extended by the city leading from Spy Rnn avenne west through the North Side park to Clinton street, be and is hereby named Reuss avenue, and is dedicated to the public, to be. bv it, used for park driving alone and nothing more. 928 Sec. 2. That it shall be unlawful for any person or persons to use said Reuss avenue for a driveway for heavy traffic or for any other purpose other than pleasure driving: Provided, however. That this ordinance does not apply to persons hauling material to and from the park for park purposes. 929 Sec. 3. Any person violating any provision of this ordinance shall, on conviction, pay a fine of not more than one hundred dollars ($100.00.) Done at the Council Chamber this 8th day of August, [893- C. A. ZOLLINGER, Mayor. Attest: RUDY C. RLINLWALD, City Clerk. GENERAL ORDINANCE NO. 83. AN ORDINANCE changing the names of certain streets and aim lies in the City of Fort JVayne, Indiana. 930 Sec. t. Be it o^'dained by the Common Council cp:ktain streets and avenues. 491 of the City of Fort Wayne, Indiana, That the following de- scribed streets and avenues shall hereafter be known and called by the following names, viz : First — Grace street, in Fleming and Esmond’s addition, running from Calhoun street east to Lafayette street, shall be known and called Esmond street. Second — Grant street, running from Gay street east to the Pittsburg, Eort Wayne & Chicago railroad, shall be known and caller Thayer street. Third — Scholes street, running from St. Mary’s ave- nue east, shall be known and called Sinclair street. Eourth — Shawnee avenue and Eox street, in South Wayne, running from Home avenue north to Taylor street, shall be known and called Eox avenue. Fifth — Pritchard street, running from Broadway west to Rockhill street, shall be known and called Lavina street. Sixth — Duryea street, running from Hoagland avenue west to Fairfield avenue, shall be known and called Poplar street. Seventh — Charles street, running west from Hanna street to Lafayette street, and Masterson street, running west from Lafayette street to Calhoun street, shall be known and called Masterson avenue. Eighth — Colerick street, running from Hoagland avenue west to Fairfield avenue, be known and called Dawson street. Ninth — Allen street and Park place, running from Lafayette street west to Hoagland avenue, to be known and called Woodland avenue. Tenth — Crescent avenue, in Bond’s addition, running from Fairfield avenue west to South Wayne avenue, be known and called Meyer avenue. Eleventh — Metz street, running from Taylor street south to the Wabash railroad, be known and called Nelson street. Twelfth — Trentman avenue, running from Beaver ave- nue west to Broadway, be known and called Kinnaird Grace street changed to Esmond street. Grand street changed to Thayer street Scholes street changed to Sinclair. Shawnee ave- nue and Fox street changed to Fox avenue. Pritchard ave- nue changed to Lavina street. Duryea street changed to Poplar street. Charles street changed to Masterson avenue. Colerick street changed to Dawso.n street. Allen street changed to Woodland avenue. Crescent ave- nue changed to Meyer avenue. Metz street changed to Nelson street Trentman ave- nue changed to Kinnaird avenue. avenue. 492 LAWS AND ORDINANCES. Griffith street changed to Fairfield avenue. Oneida street changed to Swayne street. Locust street changed to Bauer ave- nue. Lake street changed to Marie street. Ida avenue changed to Michigan avenue. Edsall street changed to Union street. Washington street changed to Washington boulevard. North street changed to Fairmount place. Anna street changed to Ferguson street. Park street changed to Anna street. Park avenue changed to Georgia avenue. Ninth street changed to McKee street Tenth street changed to Colerick street. Thirteenth — Griffith street, running from Bracken- ridge street north to Superior street, be known and called Fairfield avenue. Fourteenth — Oneida street, in Zollars and Swayne’s addition, running from Shawnee avenue east to South Wayne avenue, be known and called Swayne street. Fifteenth — Locust street, running from Calhoun street west to Ffarrison street, be known and called Bauer avenue. Sixteenth — Lake street, in Archer’s addition, running from St. Mary’s avenue west to city limits, be known and called Marie street. Seventeenth — Ida avenue, in Electric Light addition, running from Metz street west to city limits, be known and called Michigan avenue. Eighteenth — Edsall street, running from Main street south to Berry street, be known and called Union street. Nineteenth — Washington street, running from Calhoun street west to Swinney park, be known and called Wash- ington boulevard. Twentieth — North street, running from Wells street west, be known and called Eairmount place. Twenty-first — Anna street, running from Shawnee ave- nue west to Miner street, be known and called Eerguson street. Twenty-second — Park street, in Zollars and Swayne’s addition, running from Shawnee avenue west to Indiana avenue, be known and called Anna street. Twenty-third — Park avenue, in Lumbard’s Park addi- tion, running from Cleveland street north to city limits, be known and called Georgia avenue. Twenty-fourth — Ninth street, in Industrial Park addi- tion, running from Hanna street east to city limits, be known and called McKee street. Twenty-fifth — Tenth street, in Industrial Park addition, running from Hanna street east to city limits, be known and called Colerick street. 930-A Sec. 2. This ordinance shall be in full force and efifect from and after its passage and approval by the Mayor. [Approved January 25, 1898.] Ordinance Record i, page 205. DEFINING CITY LIMITS. 493 GENERAL ORDINANCE NO. 105. AN ORDINANCE defining the limits of the City of Fort Wayne, Indiana. Whereas, Since the general ordinance defining the city limits passed November 24, 1885, has had several additions made to the same, and it becomes necessary to have under one ordinance the entire boundaries of our limits, therefore, 931 Sec. I. Be it ordained by the Common Council limits de- of the City of Fort Wayne, Indiana, That the limits of said fined, city are as follows ; Commencing at the intersection of the center line of Glasgow avenue with the INIaumee river ; thence south fol- lowing the center line of Glasgow avenue to its intersection with the center line of INIaumee avenue ; thence west on the center line of Maumee avenue to the alley between Wabash avenue and Dubois street ; thence south following the line of said alley to the center line. of Wayne trace ; thence north- west following the center line of Wayne trace to the center line of Walton avenue ; thence south on the center line of Walton avenue to the center line of Pontiac street ; thence west on the center line of Pontiac street to the intersection of the east line of Industrial Park addition ; thence south on the east line of Industrial Park addition to the south line of said addition ; thence west on the south line of said In- dustrial Park addition to the center line of Hanna street ; thence south on the center line of Hanna street to its inter- section at a point where the center line of Richardville ave- nue produced east would intersect the same ; thence west on the center line of Richardville avenue produced east to the center line of Richardville avenue ; thence west on the center line of Richardville avenue and the same produced west to the St. Mary’s river ; thence northeasterly following the meanderings of the St. Alary’s river to its intersection with the south line of \"esey’s sub-division of Ewing’s out-lot No. 15; thence east on the south line of said Vesey’s sub- division to the center line of Lavina avenue : thence north on the center line of Lavina avenue to the north line of the right-of-way of the Pittsburg, Port Wayne & Chicago rail- road ; thence east on the north line of said right-of-way to 494 LAWS AND OKDINANCES. the east line of Swinney park; thence north on the east line of Swinney park to the southeast corner of Swinney’s homestead ; thence west to the southwest corner of said homestead ; thence north to the northwest corner of said homestead ; thence east to the northeast corner of said home- stead ; thence north to the north bank of the St. Mary’s river ; thence westerly following the meanderings of the St. Mary’s river to the southwest corner of lot No. 107, in Rock- hill’s Second addition ; thence southward to the east bank of St. Mary’s river to a point 500 feet south of Main street; thence west to the west line of the right-of-way of the Lake Shore & Michigan Southern railroad intersecting with Mill creek; thence westward on the north bank of said creek to its intersection with the west line of the right-of-way of the Grand Rapids & Indiana railroad ; thence north on said west line to the north line of the old canal property ; thence northeast on the north line of the said canal propertv to a point opposite the southwest corner of lot “C,” Bash’s addi- tion ; thence north to center line of Spring street ; thence west to a point opposite the center of Jesse avenue ; thence north on the center line of Jesse avenue to the center line of Archer avenue; thence east along the center line of said Archer avenue to the center line of Wells street ; thence north on the center line of Wells street to a point opposite the north line of the Catholic Orphan Asylum grounds ; thence east on the north line of the Catholic Orphan Asylum grounds to the east line of the right-of-way of the Lake Shore & Michigan Southern railroad ; thence south on said east line to its intersection with the center line of Mill road ; thence easterly on the center line of Mill road to the west bank of Spy run ; thence following the meanderings of Spy run to the southeast corner of North Side park ; thence west along the south line of North Side park to the alley east of Clinton street ; thence south to the south bank of St. Mary’s river ; thence southeasterly following the meanderings of the St. Mary’s and Maumee rivers to Colum- bia street : thence east to the east bank of the Maumee river ; thence northerly following the meanderings of the Alaumee and St. Joseph rivers to the north line of Lakeside Park addi- PUBLICATION OF ORDINANCES. 495 tion ; thence east on said north line to the east line of said addition ; thence south on the east line of said addition to the Manmee river ; thence south to the south bank of the Maumee river ; thence easterly following the meanderings of the Maumee river to its intersection with the center line of Glasgow avenue. 931 -A Sec. 2. This ordinance to be in full force and effect on and after its passage and approval by the Mayor. [Approved April ii, 1899.] Ordinance Record i, page 253. AiV ORDINANCE regulating the publication and interpre- tation of ordinances. (Approved March 11, 1887.) 932 Sec. i. All ordinances passed by the Common Council shall be recorded by the Clerk in a book of ordi- nances. The original shall be filed in the Clerk’s office, and due proof of publication of all ordinances, requiring pub- lication, by the affidavit of 'the printer or publisher, shall be procured by the Clerk and attached thereto, or written and attested thereto, or written and attested upon the face of such ordinances. 933 Sec. 2. All ordinances passed by the Common Council, requiring publication, shall take effect from and after the due publication thereof in the corporation paper, unless therein otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expresslv provided. 934 Sec. 3. Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordi- nance, a part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying the same, when such publication shall be required to give effect thereto, unless therein otherwise expressly provided ; but no suit, proceeding, right, fine, for- feiture or penalty instituted, created, given, secured or ac- crued, under any ordinance previous to its repeal, shall in anywise be affected, released or discharged ; but may be Record and proof of pub- lication. Take effect. Repeal. 496 LAWS AND OK’DINANCKS. Prosecutor to elect. How construed. Gender and number. Time of notice. Pe.nalty. prosecuted, enjoyed and recovered, as fully as if such ordi- nance had continued in force, unless it shall be therein other- wise expressly provided. 935 Sec. 4 . In all cases where the same offense may !)c made punishable, or may be created by different clauses or sections of the ordinances of the city, the prosecuting officer may elect under which to proceed ; but not more than one recovery shall he had against the same person for the same offense. 836 Sec. 5 . When any ordinance repealing a former ordinance clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordi- nance, clause or provision, unless it shall be therein so ex- pressly provided. 937 Sec. 6. When any words in any ordinance, im- porting the plural numbers, shall be used in describing or referring to any matters, parties or persons, any single mat- ter, party or person shall be deemed to be included, although distributive words may not be used : and when any sub- ject, matter, party or person shall be referred to in any ordi- nance by words importing the singular number only, or masculine gender, several matters, parties or persons, and females as well as males, and bodies corporate, shall be deemed to be included : Provided, That these rules of con- struction shall not be applied to any ordinance which shall contain any express provision excluding such construction, or where the subject matter, or context of such ordinance, mav be repugnant thereto. 938 Sec. 7 . In all cases where any ordinances shall require any act to be done in a “reasonable time,” or “reason- able notice,” to be given to any person, such reasonable time or notice shall be deemed to mean such time only as may be necessary in the prompt execution of such duty, or compli- ance with such notice. 939 Sec. 8 . Whenever, in any ordinance, the doing of any act, or the omission to do any act or duty, is declared to he a breach thereof, and there shall be no ‘fine or penalty declared for such, any person who shall be convicted of any breach shall he adjudged to pay a fine of not less than one dollar ($ 1 . 00 ) nor more than one hundred dollars ($ 100 . 00 .) CITY BONDS. 497 AN ORDINANCE to provide for the issuing of city bonds, for the purpose of paying a portion of the indebtedness of the City of Fort Wayne. Whereas, On the 15th day of October, 1868, the City of Fort Wayne issued lier lionds, bearing interest at the rate of six (6) ])er cent., payable semi-anniially, to the amount of ninety-nine tlioiisand dollars ($99,000.00), payable twenty years from the date, which bonds become due on the 15th day of October, 1888, and Whereas, On the 10th day of November, 1868, the City of lOrt Wayne issued her bonds, bearing interest at the rate of six (6) ])er cent. ]>er annum, payable semi-annually, to the amount of one hundred thousand dollars ($100,000.00), payable twenty years from date, which bonds become due on the 10th day of November, 1888, and Whereas, On the 26th day of January, 1869, the City of ld)rt Wayne issued her bonds, bearing interest at the rate of six (6) per cent. ])er annum, payable semi-annually, to the amount of one hundred thousand dollars ($100,000.00), which bonds become due on the loth of January, 1889, and Whereas, There is not now funds sufficient in the hands of the Treasurer of said city, not otherwise appropriated to pay said bonds, and Whereas, ddie annual rejiorts of the Clerk* and Treasurer of said city, for the year ending* December 31, 1887, re- cite and show the date of the issuing of said bonds, the rate of interest thereon, and when the principal and interest on the same would become due and ])ayable ; therefore, 940 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, (two-thirds of all the members thereof concurring) That in pursuance of an act of the Gen- eral Assembly of the State of Indiana, entitled “An act to authorize cities to issue bonds for the purpose of funding their indebtedness, reducing the rate of interest, on pre- existing obligations, compromising with any creditors, or taking up and cancelling bonds, notes or other obligations already due, or which shall hereafter become due, and mak- ing it the duty of the Common Council of such cities and Boards of Trustees of such towns to levy taxes for the pay- City 498 LAWS AND ORDINANCES. Amount of issue. Time to run. Rate of interest. When payable. ment of the interest, and to provide sinking funds for the liquidation of the principal of such bonds, and repealing all laws in conflict and declaring an emergency.” [Approved February 15, 1887.] That bonds of the City of Fort Wayne be issued to the amount of two hundred and ninety-nine thousand dollars ($299,000.00) in sums of one thousand dollars ($1,000.00) each, payable to the bearer at the office of the Third National Bank of New York, in the City of New York, at twenty-five years from the date thereof, with interest thereon at the rate of four and one-half (4 1-2) per cent, per annum, payable' semi-annually at the office of the Third National Bank, in the City of New York, to be signed bv the Mavor and attested bv the Clerk of said city. 941 Sec. 2. That said bonds be issued in the follow- ing form, to-wit : To fund out- standing in- debtedness. State of Indiana. Allen County. City of Fort Wayne $1,000.00 Funding Bond. 25 Years. Twenty-five years after date, the City of Fort Wayne, in Allen County, and State of Indiana, promises to pay the bearer at the Third National Bank, in the City of New York, and State of New York, one thousand dollars, with interest thereon at the rate of 4 1-2 per cent, per annum., payable semi-annually at said Third National Bank, in the City of New York, and in the State of New York, upon pre- sentation of the proper coupon hereto attached, without any relief from valuation or appraisement laws of the State of Indiana. This bond is one of a series of two hundred and ninety-nine of like amount, bearing date, October 10, 1888, authorized and issued in accordance with an ordinance duly passed by the Common Council of said City of Fort Wayne, by more than a two-thirds vote thereof, at a regular meeting thereof, held on the nth day of September, 1888. for the purpose of funding certain indebtedness of such city in ac- cordance with an act of the General Assembly of the State of Indiana, entitled ‘^An act to authorize cities and towns to issue bonds for the purpose of funding their indebtedness, reducing the rate of interest on pre-existing obligations. plat of ground given by h. m. williaims. 499 compromising with any creditors or taking up and cancelling bonds, notes or other obligations already due,, or which shall hereafter become due, and making it the duty of the Com- mon Council of such cities and Boards of Trustees of such towns, to levy taxes for the payment of the interest, and to provide sinking funds for the liquidation of the principal of such bonds, and repealing all laws in conflict and declaring an emergency.” [Approved February 15, 1887.] In witness whereof, the Common Council of the City of Fort Wayne has caused this bond and the coupon thereof to be signed by the Mayor and attested by the Clerk of said city and the corporate seal thereof affixed, this loth day of October, 1888. Done at the Council Chamber of the City of Fort Wavne this nth dav of September, i888. CHARLES F. MUHLER, Mayor. Attest: W. W. ROCKHILL, City Clerk. GENERAL ORDINANCE NO. 99. AN ORDINANCE accepting the gift of a plat of ground to the city by Henry M. JV if Hams, Esq., for park purposes. Whereas, Henry M. Williams, Esq., of the City of Fort Wayne, did, on the 13th day of December, 1898, present to the City of Fort Wayne, a plat of ground for park purposes, situated at the junction of South Calhoun street and Piqua avenue ; therefore, 942 Sec. I. Be it enaeted by the Common Couneil of the City of Eort Wayne, That the gift of the plat of ground by Henry M. Williams for park purposes, at the junction of South Calhoun street and Piqua avenue, be and is hereby accepted by the city with the conditions thereto, and that the Comptroller is hereby authorized to accept the deed thereof and have the same spread on record in the office of the Countv Recorder of Allen countv. 942-A Sec. 2. This ordinance to be in full force and effect on and after its passage and approval by the Mayor. [Approved December 27, 1898.] Ordinance Record i, page 234. Date of issue. City park. Presented by H. M. Williams, 500 LAWS AND ORDINANCES. Duty of rail- road com- panies to pave crossings. How paved. Notice served on railroads to pave. Penalty for not paving. GENERAL ORDINANCE NO. i6i. AN ORDINANCE relating to the grading, planking and paving of streets and sidezvalks at points where they are interseeted and crossed by railway tracks, and prohibit- ing laying down and maintaining of railroad tracks along or crossing any street or alley without first ob- taining the consent of the Board of Public Works. 943 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That it shall be the duty of each and all railroad companies where their tracks intersect or cross, or may hereafter intersect or cross the streets, side- walks or alleys of said city, to grade, plank or pave the streets and sidewalks or alleys at such crossings or inter- sections in the manner hereinafter designated. 944 Sec. 2. That at points where such track or tracks intersect or cross said streets, it shall be the duty of the railroad company owning or maintaining the same to make the grade thereof confirm to the established grade of such street or streets, and to pave the same with brick or lay down securely strong, substantial planks between and on either side for four feet of such track or tracks, and in such manner that said planks or brick may extend the entire width of such street or streets ; to be done and maintained in good repair in every case to the satisfaction of the Board of Public Works. 945 Sec. 3. It shall be the duty of the Superin- tendent of Police to serve notice upon any railroad company that is in default in complying with the provisions of this ordinance ; which notice shall be served as it is provided by law, as summons in civil action shall be served upon rail- road companies. 946 Sec. 4. If any railroad company shall fail, neglect or refuse to comply with the requirements of the second section of this ordinance within twenty days after the date of receiving the notice designated in the preceding section, they shall be deemed to be guilty of a violation of the provisions hereof ; and for each day after the expiration of twenty days that they fail, neglect or refuse to pave or TAXING OF DOGS. 501 plank said crossings as provided in the second section here- of, they shall be liable to a penalty of five dollars ($5.00) per day ; such penalty shall be collected by action instituted by the City Attorney and tried before the Mayor of said city in the corporate name of said City of Fort Wayne. 947 Sec. 5. That it shall be unlawful for any rail- road company to lay down any railroad track along or across any street or alley within the city limits, without first ob- taining the consent of the Board of Public Works and approved by the Council to lay such track. 948 Sec. 6. Any company or persons violating the provisions of Section 5 of this ordinance shall be fined in any sum not exceeding one hundred dollars ($100.00) nor less than ten dollars ($10.00) for such ofifense; each day shall be a separate ofifense for the violation of the said fifth section of this ordinance. 949 Sec. 7. The Superintendent of Police and all other officers in the city’s service shall arrest without process and bring before the Mayor all persons who, in their pres- ence and knowledge, have violated any of the provisions of Section 5 of this ordinance. 949-A Sec. 8. This ordinance to be in full force and ef¥ect on and after its passage, approval by the Mayor and legal publication. [Approved August 14, 1900.] Ordinance Record i, page 418. GENERAL ORDINANCE NO. 162. AN ORDINANCE relative to the taxing of dogs, and re- pealing General Ordinance No. 55, relating to same sub- ject matter. 950 Sec. I. Be it enacted by the Common Council of the City of Fort Wayne, That every person residing within the corporate limits of the City of Eort Wayne, own- ing, harboring, possessing or caring for any dog, on the first day of April of each year hereafter, shall pay to the City of Fort Wayne the following taxes on each dog so owned, in the manner as hereinafter provided : For each male or fe- Un lawful to lay down railroad track without per- mission. Penalty. How arrest shall be made. Tax imposed. 42 . 502 LAWS AND OKDINANCES. Assessor to assess and collect. Assessor to give receipt, Contents of receipt. Assessor to keep a record Settle with Comptroller. male dog, one dollar ($i.oo.) For every additional male or female dog, one dollar and a half ($1.50.) And the sum of two dollars ($2.00) for each female dog (unspayed) so owned, harbored or cared for. 951 Sec. 2. It shall be the duty of the Township Assessor of the townships included within the limits of the City of Fort Wayne at the time of assessing the property of each property holder of his township residing within the corporate limits of the city, to make diligent inquiry as to the number of dogs owned, harbored, kept or cared for by the person so assessed. Any such person so assessed shall pay to the said Township Assessor for the City of Fort Wayne the sum of one dollar ($1.00) for each male or female dog, and the sum of one dollar and a half ($1.50) for each additional male or female dog. And the sum of two dollars ($2.00) for each female dog (unspayed) so owned, harbored or cared for. 952 Sec. 3. The Township Assessor shall give to each person a receipt for such money paid him, which shall be designated as city dog tax, which receipt shall show the person’s name who owns, harbors or keeps a dog, the amount paid and the number, description and kind of dog paid for, and whether male or female, and the number of each, which receipt shall relieve the person or persons own- ing, keeping or harboring such dogs for the current year, extended one year from its date until the next regular town- ship assessment. Such Township Assessor shall keep a record of the person or persons owning dogs and the record of the dogs paid for, and he shall keep a stub record for a copy of the receipts given by him for money paid him for dog taxes. Such stub record shall show the amount paid him, the number of dogs, both male and female, paid for, and the persons’ names owning the dogs so paid for. And he shall within five days after the completion of the assess- ment of his township turn over to the Comptroller of the city all the records kept by him relating to the collecting and payment of dog taxes, and a copy of all receipts given by him to persons having paid him money as city dog tax, and all monev received by him as city dog tax. The said TAXING OF DOGS. 503 Township Assessors, as payment for services to city ren- dered, shall receive ten (lo) per cent, of the taxes collected, and to be paid by the Comptroller at the time and out of the money turned over to the said Comptroller by said Assessor. 953 Sec. 4. It shall be unlawful for any owner, pos- sessor or person having in charge or care a fierce or dan- gerous dog, to permit or allow the same to go at large in said city, to the danger or annoyance of any of its inhab- itants. Any person who shall violate the provisions of this section of this ordinance, and having been once convicted, shall continue to allow such dog to run at large upon the complaint made by any resident of said city, such dog shall be slain bv the police authorities of said citv. 954 Sec. 5. It shall be unlawful for the owner, pos- sessor or harborer of any female dog knowingly to permit her to run at large while in heat, and it shall be the duty of the police of said city to slay, or cause to be slain, any female dog running at large in the public streets at such time. 955 Sec. 6. It shall be unlawful for any person to own, keep or harbor any dog which, by loud and frequent barking, howling or yelping, shall cause disturbance to any citizen of said city. 956 Sec. 7. Whenever any danger shall be justly feared as likely to result from hydrophobia, the Mayor shall publish his proclamation requiring all persons owning or having in charge or keeping any dog or dogs, to confine them on their premises for a prescribed time, and any per- son who shall omit to secure any dog owned or harbored or kept in charge by him, or shall aljow such dog to escape or go from the premises, shall be liable, on conviction, to the punishment provided for in Section 13 of this ordinance. During the time prescribed by the Mayor’s proclamation, any dog found running at large upon the public streets of said city shall be forthwith slain. 957 Sec. 8. If any person shall harbor or keep, or have in his possession, any dog, male or female, that shall bite or fiercely attack any person whatever, such animal, at Compensation. Vicious dogs not to run at large. Female dog, unlawful to run at large, when. Barking dog. Dogs to be confined, when. Vicious dog. 504 LAWS AND OKDINANCES. Vicious dogs killed. Owner of dog fined, when. Enticing dog away from owner. the time of the biting- or attack, not being within the own- er’s enclosure, such person so harboring or keeping, or having in charge, such animal shall be liable, on conviction thereof, to the punishment provided in Section 13 of this ordinance. And if any person so convicted shall continue to harbor or keep or have in charge such animal within the limits of said city, and said animals shall again bite or fiercely attack any person in the manner aforesaid, the per- son so harboring or keeping said animal shall, upon con- viction thereof, be punished by a fine of not less than fifteen dollars ($15.00) and not more than fiftv dollars ($50.00.) 958 Sec. 9. Whenever affidavit shall be made before the Mayor of the City of Fort Wayne that any dog has bitten a person in said city, and that person so bitten was not at the time trespassing upon the person or property of the owner or possessor of said dog, the said Mayor shall issue an order directing the owner or possessor of said dog to kill him within forty-eight hours of receiving such order. The owner, possessor, keeper or the person having in charge any such dog, or who shall refuse or neglect to kill it within forty-eight hours after having received such order, shall, on conviction, be liable to the punishment provided in Sec- tion 13 of this ordinance, and it shall be the duty of any police officer or the Poundmaster to destroy said dog wher- ever he shall be found at large in said city forty-eight hours after service of said order. 959 Sec. 10. Any property owner residing within the corporate limits of the City of Fort Wayne, who on the first day of April of any year hereafter, owns, harbors or has the care of any dog, male or female, refuses to pay the annual tax or taxes thereon to the Township Assessor, as in this ordinance provided, shall, upon conviction, be fined in any sum not to exceed five dollars ($5.00) and costs of prosecution. 960 Sec. II. It shall be unlawful for any person to entice any dog away from the premises of the person own- ing, keeping or harboring the same ; or to entice any dog from any street, alley or public place of this city with the intention of depriving the owner, keeper or person harboring the same of the possession thereof- DUTIES OF SCHOOL TRUSTEES. 505 961 Sec. 12. It shall be unlawful to throw or de- posit ])oison meat or any poison substance in any street, alley, market place, lot or public place of this city, for the purpose of destroying any animal of the dog kind. 962 Sec. 13. Any person who shall yiolate any of the regulations, requirements or proyisions of this ordinance shall be fined in any sum not exceeding twenty-fiye dollars ($25.00), together with costs of prosecution. 963 Sec. 14. That General Ordinance No. 35, ap- proyed the loth day of fuly, 1895, is hereby repealed. 963-A Sec. 15. This ordinance shall be in force and take effect from and after its passage, approyal by the Mayor and legal publication. [Approyed August 14, 1900.] Ordinance Record i, page 420. A.V ORDINANCE providing the duties of the Sehool Trustees. (Approved March 11, 1887.) (Revised Ordinances, 1887.) (Am’d, See General Ordinance 16.) 964 Sec. I. The Trustees of the public schools of the City of Fort Wayne shall render to the Common Council at its first regular meeting in the month of September, an- nually, a report in writing for the fiscal year ending August 31st, which report shall clearly and separately state: First — The amount of special school revenue and the school revenue for tuition on hand at the commencement of the year then ending. Second — The amount of each kind of revenue received at each semi-annual apportionment thereof. Third — The amount of each kind of revenue paid out and expended within the year. Fourth — The amount of each kind of revenue on hand at the date of said report to be carried to the new account. Fifth — A detailed statement of the different amounts, and purposes for which the same was laid out and expended. Sixth — The number and estimated value of the school buildings. Seventh — The amount of school furniture and the esti- mated value of the same. Unlawful to poison dog. Penalty. Repealed. School T rustees. Report to Council. What to contain. 506 LAWS AND ORDINANCES. Special Penalty. Eighth — The average number of teachers, not including those in the grammar schools. Ninth — The average number of teachers employed in the grammar schools. Tenth — The total number of persons, male and female, between the ages of six and twenty-one years, as shown by the last enumeration. Eleventh — The number enumerated, male and female, who are over fifteen years of age. Twelfth — The total number of different pupils, includ- ing those of the grammar schools, who were at any time during the year enrolled in the public schools. Thirteenth — The number of pupils at any time during the year in the grammar schools. Eourteenth — The average number of pupils belonging to all the schools. Eifteenth — The average daily attendance in all the schools. Sixteenth — The per cent, of daily attendance, based on the average whole number belonging to the schools. Seventeenth — The cost of tuition of each pupil, based on the average whole number belonging to the schools. Eighteenth — The cost of tuition per pupil, including incidental expenses, such as fuel, repairs, maps, books, charts and apparatus. Nineteenth — The number of days the schools were in session. report. 965 Sfx. 2. The said Trustees shall make special re- ports to the Common Council when the Common Council shall bv resolution direct them so to do. 966 Sec. 3. Upon the failure of said Trustees to render reports at the time and in the manner provided, each of them, upon conviction thereof, shall forfeit and pay to the City of Eort Wayne any sum not exceeding one hun- dred dollars ($100.00.) GENERAL ORDINANCE NO. 16. AN ORDINANCE requiring the School Trustees to make their annual report on the first day of August of each WARDS OF THE CITY. 507 year, and requiring the Treasurer of said School Trus- tees to make a financial report on the first day of January of each year. 967 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That the School Trustees be required to make their annual report to the Common Coun- cil of said city on the first day of August of each and every year, and that the Treasurer of said Trustees be required to make a financial report relating to the business of said School Trustees to the Common Council on the first day of Januarv in each and every year. 967-A Sec. 2. All ordinances and parts of ordi- nances in conflict herewith are hereby repealed. 967-B Sec. 3. This ordinance shall be in full force and eft'ect from and after its passage and approval by the Mayor. [Approved October 9, 1894.] Ordinance Record i, page 85. GENERAL ORDINANCE NO. 47. AN ORDINANCE re-districting all the territory zvithin the corporate limits of the City of Fort Wayne into zvards, defining and describing the boundaries thereof and designating the same by numbers. (In Force January 26, 1896.) 968 Sec. I. Be it ordained by the Common Council of the City of Fort Wayne, That all territory now lying within the corporate limits of the City of Eort Wayne, Indiana, be re-districted and divided into ten wards, each of said wards to consist of the following described territory according to their numbers and their respective descriptions hereinafter set forth as follows, to-wit : EIRST WARD — Commencing at the intersection of the Maumee river with the center line of Harmer street produced north ; thence south to the center line of Harmer street produced north to Harmer street ; thence south on the center line of Harmer street to the center line of Hayden street ; thence east on the center line of Hayden street to School Trus- tees, when to make report. Wards of the city. 508 LAWS AND OKDINANCES. tlie center line of Gay street ; thence south on the center line of Gay street to the Pittsburg, Fort Wayne & Chicago rail- way ; thence westerly following the line of the Pittsburg, Fort Wayne & Chicago railway to its intersection with the center line of Clay street; thence north along the center line of Clay street to the north line of Columbia street ; thence north along the center line of Clay street produced north to the St. Mary’s river ; thence following the meander- ings of the St. Mary’s and Maumee rivers to the center line of Harmer street produced north, and also all of Lakeside Park addition. SECOND WARD — Commencing at the intersection of the St. Mary’s river with the center line of Clay street pro- duced north ; thence south on the center line of Clay street produced north to Columbia street; thence south on the center line of Clay street to Pittsburg, Fort Wayne & Chi- cago railway ; thence west following the line of the Pitts- burg, Fort Wayne & Chicago railway to its intersection with the center line of Calhoun street ; thence north on the center line of Calhoun street tO' its intersection with the St. Mary’s river ; thence following the meanderings of the St. Mary’s river to the center line of Clay street produced north. THIRD WARD — Commencing at the intersection of the center line of Calhoun street with the St. Mary’s river ; thence south on the center line of Calhoun street to the cen- ter line of Butler street ; thence west on the center line of Butler street to the center line of Hoagland avenue ; thence north on the center line of Hoagland avenue to the Wabash railway ; thence north on the center line of Hoagland ave- nue ])roduced north to Chicago street ; thence east on Chi- cago street to the center line of McClellan street ; thence north on the center line of JMcClellan street to the center line of Baker street; thence east on the center line of Baker street to the center line of Webster street ; thence north on the center line of Webster street to the center line of Berry street ; thence west on the center line of Berry street to the center line of Webster street on the north ; thence north on the center line of Webster street to a point where said center WARDS OF THK CITY. 509 line of Webster street produced north intersects the St. Mary’s river ; thence following the meanderings of the St. Mary’s river to its intersection with the center line of Calhoun street. FOURTH WARD — Commencing at the intersection of the St. Mary’s river with the center line of Webster street; thence south on the center line of Webster street produced south to the center line of Berry street; thence east on the center line of Berry street to the center line of Webster street on the south ; thence south on the center line of Webster street to the center line of Baker street ; thence west on the center line of Baker street to the center line of McClellan street ; thence south on the center line of McClel- lan street to Chicago street ; thence west on Chicago street to its intersection with he cener line of Hoagland avenue pro- duced north ; thence south on the center line of Hoagland avenue produced north to the south line of the right- of-way of the Wabash railway ; thence south on the center line of Hoagland avenue to the center line of Butler street ; thence west on the center line of Butler street to the center line of Fairfield avenue ; thence south on the center line of Fairfield avenue to the center line of Poplar street ; thence west on the center line of Poplar street to the west line of Oakley street ; thence west in the alley on the south line of Ninde’s Second addition to Poplar street ; thence west on the center line of Poplar street to the center line of Fox street ; thence south to the first alley north of DeWald street ; thence west in said alley to the center line of Broadway; thence north following the center line of Broadway to the New York, Chicago & St. Louis railroad; thence west along the line of the New York, Chicago & St. Louis railroad to the center line of Van Buren street : thence north on the center line of Van Buren street to its intersection with the St. Mary’s river; thence following the meanderings of the St. Mary’s river to its intersection with the center line of Webster street. FIFTFI WARD — Commencing at the intersection of the St. Mary’s river with the center line of Van Buren street ; thence south on the center line of Van Buren street 510 LAWS AXD ORDINANCES. to the New York, Chicago & St. Louis railroad ; thence east along the line of the New York, Chicago & St. Louis railroad to its intersection with the center line of Broadway ; thence south along the center line of Broadway to the Pitts- burg, Fort Wayne & Chicago railroad; thence west along the Pittsburg, Fort Wayne & Chicago railroad to the city limits; thence following the line of the city limits to its intersection with the New York, Chicago & St. Louis rail- way; thence following the line of the New York, Chicago & St. Louis railway to the St. Mary’s river ; thence follow- ing the meanderings of the St. Mary’s river to its inter- section with the center line of Van Buren street. SIXTH WARD — Commencing at the intersection of Calhoun and Butler streets ; thence south on the center line of Calhoun street to the center line of Killea street; thence west on the center line of Killea street to the center line of Hoagland avenue ; thence south on the center line of Hoag- land avenue to Richardville avenue (so called) ; thence west on the center line of Richardville avenue (so called) to the St. Mary’s river ; thence following the meanderings of the St. Mary’s river to the city limits ; thence east and north following the line of the city limits to the Pittsburg, Fort Wayne & Chicago railway ; thence east along the line of the Pittsburg, Fort Wayne & Chicago railway to its inter- section with the center line of Broadway ; thence south along the center line of Broadway to the first alley north of DeWald street ; thence east following the line of said alley to the center line of Fox street ; thence north to the center line of Poplar street ; thence east on the center line of Poplar street to the alley on the south line of Ninde’s Second addition ; thence east in said alley to Oakley street ; thence east on the center line of Poplar street to the center line of Fairfield avenue ; thence north along the center line of Fairfield avenue to the center line of Butler street ; thence east on the center line of Butler street to its intersection with the center line of Calhoun street. (See Ordinances 113, 114 and 115, adding territory annexed to said ward.) SEVENTH WARD — Commencing at the intersection WAKDS OF THE CITY. 511 of the Pittsburg, Fort Wayne & Chicago railway with the center line of Hanna street ; thence south on the center line of Hanna street to the line of the city limits on the west of Hanna street ; thence westerly following the south line of the city limits to the center line of Calhoun street ; thence north on the center line of Calhoun street to its inter- section with the Pittsburg, Fort Wayne & Chicago railway ; thence east following the line of the Pittsburg, Fort Wayne & Chicago railway to its intersection with the center line of Hanna street. (See Ordinance 116, adding annexed territory to Seventh ward.) EIGHTH WARD — Commencing at the intersection of the Maumee river and Glasgow avenue ; thence south along the line of Glasgow avenue to Maumee road ; thence west on Maumee road to the city limits ; thence south on the line of the city limits to Wayne trace (so called) ; thence north- west on Wayne trace to the center line of Walton avenue; thence north on the center line of Walton avenue to the Wabash railway; thence west following the line of the Wa- bash railway to its intersection with the center line of Gay street ; thence north on the center line of Gay street to the center line of Hayden street ; thence west on the center line of Havden street to the center line of Harmer street ; thence north on the center line of Harmer street to the New York, Chicago & St. Louis railroad ; thence north on the center line of Harmer street produced north to the Maumee river ; thence following the meanderings of the Maumee river to its intersection with Glasgow avenue. NINTH WARD — Commencing at the intersection of ■Mill road (so called) with Spy run, thence in a south- easterly and westerly direction following the line of the city park addition to its intersection with the St. Mary’s river; thence southwesterly following the meanderings of the St. Mary’s river to its intersection with the New York, Chicago & St. Louis railway, thence northwest following the line of th eNew York, Chicago & St. Louis railway to its intersec- tion with the line of the city limits ; thence northeast and north following the line of the city limits to Archer avenue ; thence east on Archer avenue to Wells street ; thence follow- 512 IvAWS AND ORDINANCES. Annexation of territory to Tenth ward. ing the line of the city limits to its intersection with the center line of Mill road (so called) and Spy Run. TENTH WARD — Commencing at the intersection of the Wabash railway with the center line of Walton avenue; thence south on the center line of Walton avenue to the center line of Pontiac street ; thence west on the center line of Pontiac street to the east line of Industrial Park addition ; thence south on the east line of Industrial Park addition to the south line of said addition ; thence west on the south line of said Industrial Park addition to the center line of Hanna street ; thence north on the center line of Hanna street to its intersection with the Pittsburg, Fort Wayne & Chicago railway; thence southeast following the line of the Pittsburg, Fort Wayne & Chicago railway to the center line of Gay street ; thence north on the center line of Gay street to the Wabash railway ; thence east following the line of the Wabash railway to its intersection with the cen- ter line of Walton avenue. (See Ordinances 163-164, adding territory annexed to said ward.) 968-A Sec. 2. All ordinances or parts of ordinances in conflict herewith are herebv repealed. 968-B Sec. 3. This ordinance shall be in full force and effect on and after its passage and approval by the Mayor and the publication of the same once each week for two consecutive weeks in a daily newspaper of general cir- culation printed and published in the City of Fort Wayne, Indiana. [Approved January 31, 1896.] Ordinance Record i, page 133. GENFRAF ORDINANCE NO. 163. AN ORDINANCE making certain territory within the cor- porate limits of the city a part of the Tenth ward. 969 Sec. I. Be it ordained by the Common Council of the City of Port Wayne, Indiana, That the following de- scribed territory be annexed to and be made a part of the Tenth ward of the City of Fort Wayne, Indiana, said terri- tory being more particularly described as follows : TENTH WAKD. 513 Commencing' at the point where the center line of Wal- ton avenue intersects with the center line of Wayne trace; thence southeast along the center of Wayne trace to the center line of Fletcher avenue extended south ; thence south to a point ecptal distance from Walton avenue on the center line of Creighton avenue extended east ; thence south with the center line of Euclid avenue and Euclid avenue ex- tended south to the center line of Pontiac street ; thence west with the center line of Pontiac street to the center line of Walton avenue; thence north on the center line of Wal- ton avenue to the place of beginning. All of said territory being situated in Allen county, Indiana, and having been annexed to said city November 14, 1899. 969-A Sec. 2. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. [Approved August 14, 1900.] Ordinance Record i, page 425. GENERAL ORDINANCE NO. 164. ORDINANCE making certain territory within the cor- porate limits of the city a part of the Tenth ward. 969 1-2-A Sec. I. Be it ordained by the Common Council of the City of Fort IVayne, Indiana, That the fol- lowing described territory be annexed to, and be made a part of the Tenth ward of the City of Fort Wayne, Indiana, said territory being more particularly described as follows ; Commencing on Pontiac street at a point in the east line of Smith street extended south, running due south to a point in the middle of Eckart street, extended east, thence due west on the middle line of Eckart street to Elanna street. All of said territory being situated in Allen county. Indiana, and having been annexed to said city April 10, 1900. 969 1"2-B Sec. 2. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. [Approved August 14, 1900.] Ordinance Record i, page 426. Tenth ward, annexation of territory. 514 LAWS AND ORDINANCES. Water, tests of. Record, kept in office of. Weighmaster. Bond. Duties. GENERAL ORDINANCE NO. 152. AN ORDINANCE requiring the City Bacteriologist to make zveekly tests of zvater supply of the city. 970 Sec. I. Be it enacted by the Common Council of the City of Fort Wayne, That it shall be the duty of the City Bacteriologist to make weekly tests of the water supply of the City of Fort Wayne for the purpose of ascertaining its purity. That for the purpose of such test water shall be taken from hydrants in different parts of the city and a record of the same be kept in the office of the Board of Health. 970-A Sec. 2. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved March 3, 1900.] Ordinance Record i, page 377. GENERAL ORDINANCE NO. 167. AN ORDIN ANCE regulating the appointment and duties of a City Weighmaster. 971 -A Sec. I. Be it enacted by the Common Council of the City of Fort Wayne, Indiana, That it shall be the duty of the Board of Public Safety to appoint a Weighmaster as provided by law governing cities which have a population of more than thirty-five thousand (35,000) and less than forty-nine thousand (49,000) inhabitants as shown by the last preceding United States census. Before entering upon the duties of his said office he shall file his bond with sureties to the satisfaction of the Mayor in the sum of one thousand dollars ($1,000.00), con- ditioned for the faithful discharge of his official duties. 971-B Sec. 2. It shall be the duty of the said Weighmaster to attend the hay, coal and wood market be- tween the hours of 7 A. m. and dark of each day and weigh all hay or coal that may be there offered for sale. Measure all wood and weigh such other articles as the owners thereof may request. CITY WEIGHMASTEK. 515 971-C Sec. 3. It shall be unlawful to sell or offer for sale any coal, wood or hay at, upon or in any street, alley or public place in the city, except North Calhoun street, north of Superior street, unless by order of the Board of Public Works ; but nothing herein contained shall be intended to prevent the taking of orders for future de- liverance. 971-D Sec. 4. It shall be the duty of said City Weighmaster to weigh all hay or coal offered for sale at such market so as to determine the true weight of each load of hay or coal and for this purpose the owner or seller of such hay or coal shall allow said Weighmaster to weigh any vehicle upon which hay or coal is loaded at such times as such Weighmaster shall deem proper for the protection of purchaser; and the Weighmaster shall collect from the owner or seller for each weighing of coal, hay or vehicle, the sum of ten cents per draft ; and he shall at the time de- liver to the owner or seller a ticket showing thereon the exact weight of the wagon and the exact weight of the hay or coal, as the case may be, as well as the gross weight, and he shall sign and date the same. 971-E Sec. 5. The City Weighmaster shall measure accurately every load of wood received for sale at such wood market and furnish to each owner or seller a ticket showing thereon the owner’s name, the date amd number of cubic feet in each load, and he shall sign the same and collect from said owner the sum of five cents for each load sO' measured. 971-F Sec. 6. It shall be the duty of the said Weigh- master once every week to pay into the city treasury for the use of said city all moneys collected by him as such Weighmaster. For such purpose he shall keep a receipt book, giving to each person a receipt for all payments and he shall then preserve the stub showing the amount received, who from, the date and a true statement of the weights and measures. 971-G Sec. 7. It shall be unlawful for any person to sell or offer for sale any mouldy or unclean hay or offer to sell any hay in such manner as to deceive the purchaser as to the quantity or quality. Coal, wood and hay, where sold. Hay Market. Charges for weighing. To measure wood. Receipt book by Weigh- master kept. Mouldy hay, unlawful to sell. Wood, false representa- tions, penalty. License required. How issued. LAWS AND ORDINANCES. 971-H Sec. 8. Any person selling wood, or offering wood for sale, within the City of Fort Wayne, who shall knowingly make any false representations as to the quantity or quality of wood contained in any load offered for sale with intent to defraud any person or persons, who may pur- chase the same ; or who shall fraudulently so construct any load of wood which may be exposed for sale, as to conceal therein inferior or unsalable wood, and different from the parts of the load exposed to view, with intent to defraud any person or persons who may be the purchaser thereof ; or who shall fraudulently resort to any other trick or artifice, by concealment or misrepresentation, to deceive any purchaser, whether selling by the load or by the cord, and thereby de- fraud him or her, either as to the quantity or quality of such wood, shall, upon conviction thereof before the Mayor, be subject to the penalty hereinafter provided. 971-1 Sec. 9. Any person violating any provision of this ordinance shall forfeit and pay a fine of not more than fifty dollars ($50.00.) 971 -J vSec. TO. All ordinances and parts of ordi- nances in conflict herewith are hereby repealed. 971-K Sec. II. This ordinance to be in full force and effect on and after its passage, approval by the Mayor and legal publication. [Approved December i, 1900.] Ordinance Record i, page 430. AN ORDINANCE regulating intelligence oifices. (Approved March 11, 1887.) 972 Sec. I. No person shall establish or keep any intelligence office within the City of Fort Wayne, for the purpose of obtaining places or employment for domestic ser- vants or other laborers, or procuring or giving information concerning such places for, or to such domestic servants or laborers, or for procuring or giving information con- cerning such domestic servants or laborers for, or to em- ployers, without a license as hereinafter provided. 973 Sec. 2. The Mayor of said city is hereby authorized to license any person or persons being a resident INTELLIGENCE OFFICES. 517 or residents of said city, over twenty-one years of age, to keep an intelligence office as aforesaid, upon such person giving bonds to the city to be approved by the Mayor, in the penal sum of two hundred dollars ($200.00), conditioned for the faithful observance of all ordinances of the city, and upon the payment of ten dollars ($10.00) to the City Treas- urer for the use of the city. 974 Sec. 3. Any person keeping an intelligence of- fice, as aforesaid, with or without license, or who shall violate any of the provisions of this chapter, or directly or indirectly or through any agent or other person or persons, make use of any device, deceit, false representation, false pretense, or any imposition whatever, for any improper pur- pose or for the purpose of obtaining a fee, money, gratuity or other thing of value, from any customer, person or per- sons, or patron or patrons, shall, on conviction, forfeit and pav a fine of not more than one hundred dollars ($100.00.) 975 Sec. 4. Any person keeping or maintaining an intelligence office without a license from said city so to do shall forfeit and pay a fine of not more than one hundred dollars ($ioo.oo.) Imposition fraud. Penalty. CERTIFICATE. OFFICE OF THE CITY CLERK, FORT WAYNE, Ind., January 17, 1901. I, Henry B. Monning, Clerk of the City of Fort VVa\ne, Indiana, do herel:>y certify that the Revised Ordi- nances of the City of Fort Wayne, contained in this volume, liave been examined and compared with the official copies of Ihe same in this office, as recorded by authority of the Com- mon Council of the City of Fort Wayne, and are found to be correctly printed. In testimony whereof, I have hereunto set my hand and affixed the seal of the City of Fort Wayne, this 17th day of January, 1901. HENRY B. MONNING, City Clerk. INDEX. INDEX A '' Section. ARMS. Laws. Mayor or Council to execute bond to governor for. 143 The safety and deliver of such arms 143 Governor may distribute to cities and towns .... 144 ACTIONS. Laws. Brought by city, what need not aver 47 Against railways, service on whom 48 Must be brought in name of city 49 What complaint must contain 49 What the court records must contain 49 Judgment, how enforced 50 ADVERTISING, COMMERCIAL BUSINESS. Cannot by crying aloud on street 575 Cannot carry signs and banners 575 Violation of ordinance, penalty 576 AGRICULTURAL LANDS. Laws. In city may be taxed at its fair cash value 29 ALLEN STREET. Name of, changed to Woodland avenue 930 ALLIGER STREET, ESTABLISHED. From Walton avenue to Alliger street, formerly Hugh street 926 Name of, changed to Grant avenue 926 ANNEXATION. Laws. Power to declare corporate boundaries 37 Contiguous territory may include 37 Evidence, what shall be 37 Publication of ordinance 37 Page. 185 185 185 126 127 127 127 127 127-128 375 375 375 117-118 490-492 489-490 489-490 120 120 120 120 522 INDEX TO LAWvS AND ORDINANCES Section. Page. Appeal, when permitted, how taken 38 120 Notice, how served 38 120-121-122 Court to determine without jury 38 120-121-122 Remonstrance 38 120-121-122 Change of venue 38 120-121-122 Duty of county clerk 38 ' 120-121-122 When decision is adverse to annexation 38 120-121-122 Annexation of part of a town forbidden 39 122 Debt of annexed town 39 122 Including property used for school purposes 211 220 Becomes property of city or town to which annexed 211 220 Ordinances. Territory annexed to Tenth ward 969 512-513 ANIMALS. Laws. May prohibit cruelty to, by ordinance 23 106-115 Ordinances. Unlawful to run at large, or to stake, or to herd upon any street or alley 555 368 Poundmaster may impound 556 368-699 Notice to owner, of taking up animals 557 369 Publication, if owner not known 557 369 Penalty for impounding 558 369-370 Penalty for violating ordinance 560 370 Dead, unlawful to haul over streets, penalty 770 434 Unlawful to hitch to shade trees, awning, post or lamp post, or to leave standing without being hitched 518 363 Chickens, ducks and turkeys, not to run at large... 544 366 Feeding animals on streets, unlawful 812 452 ANNA STREET. Prom Shawnee avenue to Indiana avenue, formerly Park street 930 490-492 Name of, changed to Ferguson street, where 930 490-492 APPROPRIATIONS. Laws. Only to be made by ordinance 34 119 Additional may be made, when 55 131-132 INDEX TO LAWS AND ORDINANCES. APPROPRIATION S— Continued. Section. Cannot be overdrawn by Comptroller 59 Failure to make, preceding appropriation in force.. 36 ARCADE COURT. Alley between Wayne and Berry streets, naming of, 925 AREAS. Permission granted by Board of Works 882 Extent of areas or basement 883 Plan to be examined by Board of Works 884 Subject to future use by city 885 On street corners prohibited 886 Penalty -. 887 ASHES. Laws. Board of Public Works may remove 63 Removal of, may be required by ordinance 23 Receptacles for 23 Ordinances. Unlawful to place in wooden vessels 542 AUCTIONS. Laws. Can regulate on streets by ordinance 23 Ordinances. On streets, prohibited 698 AUCTIONEER. Laws. May require to pay license by ordinance 23 Ordinances. Must obtain license, penalty 696 Term of license, fee 696 Place of business, where 696 Fee by day or month 697 To sell on street at auction, unlawful 698 Goods sold, must be inside building 698 Penalty . for violation of ordinance 698 523 Page. 133-136 119 489 471 471 471 471-472 472 472 138-141 106-115 106-115 366 106-115 409 106-115 408-409 408-409 408-409 409 409 409 409 524 INDEX TO LAWS AND ORDINANCES. Section. Page. AWNINGS. Laws. May regulate by ordinance 23 106-115 Ordinances. Material for, and how constructed 842 459-460 Erected contrary to ordinance, to be removed 842 459-460 15 BACTERIOLOGIST, CITY. Duty to make weekly water tests 754 970 Record kept in ofRce of Board of Health 754 970 Milk division, under charge of 731 420 BACTERIOLOGICAL LABORATORY. Board of Health authorized to establish 749 428 Power to purchase necessary material, etc 749 428 Under control of Board of Health 749 428 BARB WIRE FENCE. Unlawful to erect 532 365 BARR STREET MARKET (See Market.) BAUER AVENUE. From Calhoun to Harrison, formerly Locust street.. 930 490-492 BARRICADES. To protect the public from injury on streets, when. 825 455 To whom it applies 826 455 Barricades and red lights, how placed 827 455-456 How placed in building new streets 827 455-456 How placed in building sewers 827 455-456 How placed in building vaults 827 455-456 BATH HOUSES. Laws. Public, may be licensed, regulated and closed by or- dinance 23 106-115 BATHING. Laws. To regulate time and place by ordinance 23 106-115 INDEX TO LAWS AND ORDINANCES. Section. BANNERS. Laws. May prevent flying of on streets by ordinance 23 BELLS. Laws. Ringing, may be regulated by ordinance 23 Ordinances. (vScc locomotive-) BICYCLES AND TRICYCLES. Colored lamps required 571 Penalty for violating ordinance 572 BEES. Unlawful to keep more than two hives on any one lot 546 BEGGING. Laws. May be restrained and punished by ordinance ... 23 Ordinances. Begging, unlawful 514 BIRTHS AND DEATHS. Laws. May require record and report of, by ordinance . . . 135 BILL POSTERS. Laws. Licensed, taxed and regulated by ordinance 23 BILLIARD AND POOL TABLES. Cannot operate in city without license 700 License required to operate 701 Fee, how paid 701 Penalty for violating ordinance 702 BONDS. Laws. • Cities and towns may issue funding bonds ...146, 151 Common Council to provide sinking fund for pay- ment 147 525 Page. 106-115 106-115 373 373 366 106-115 362 181-182 106-115 411 411-412 411-412 412 186-188 186-187 526 INDEX TO LAWS AND ORDINANCES. BONOS — Continued. Section. Refunding bonds, cities and towns may issue.. 33, 148 Interest and sinking fund levy 149 Bonds of officers, where filed, failure to file, penalty, 6 May issue, interest, advertise for sale, sale by Comp- troller 31 Delivery of, to City Treasurer, duty of Treasurer, report 31 Rate of interest on, period of bonds 35 For street improvements, rate of interest and date of 85 Contents for, for street improvements 85 For street improvements, may be issued to con- tractor 85 Interest coupons, receivable in payment of what. . . 150 Taxes to pay interest and principal on 152 Ordinances. City, amount of issue, time of, rate, hen taxable. . 940 Form of bonds, what issued for 941 Of city officials, amount 917, 918 BOARD OF HEALTH AND CHARITIES. Laws. Appointment of, salary, powers 134 Appointments by, sanitarian, detail policemen 134 May prepare health ordinances 135 May prepare health ordinances 135 Appoint plumbing inspector 135 May appoint and remove clerk of board 135 Ordinances. Milk division of 730 Authorized to operate bacteriological laboratory... 749 General powers defined in certain cases 749 Right to enter premises, in what cases 765, 778 To examine water in wells 750 Authorized to go upon lots and lands 750 Power to condemn 750 Forbidding people to use water from wells, when. . . 750 Penalty for allowing others to use water 751 May compel persons to clean receptacles containing filth 725 Page. 119-187 187-188 101-102 118 118 119 153-159 153-159 153-159 188 189 497- 498 498- 499 484-485-486 181 181 181-182 181-182 181-182 181-182 420 428 428 432-437 428-429 428-429 428-429 428-429 429 429 INDEX TO LAWS AND ORDINANCES. 527 Section. BOARD OF HE.MLTH AND chaRITI ES— Continued. To ascertain, from time to time, violations of ordi- nance relating to nuisance 781 Must file bond for performance of duty 917 Record of water tests kept in office of 754 May establish and maintain all needful quaran- tines 743 Powers of, defined in case of smallpox, etc 747 Failure to remove manure 753 Penalty 753 BOILERS. Laws. Construction of, may be regulated by ordinance.... 23 BOWSER STREET. Name of, changed to Second street 922 BOARD OF PUBLIC WORKS. Laws. May work prisoners on streets 50 May appoint and remove clerk of board How constituted, removal by Mayor, vacancy . . 61 Salary, must give bond 61 Act as a board, records 61 Power of board, can purchase real estate 63 May condemn real estate 63 Is custodian of public property 63 Platting of streets and alleys 63 Power to open and fix grade of streets 63 Power to repair streets 63 To provide for sprinkling, cleaning and lighting- streets 63 Power to construct and maintain sewers and drains. 63 Power to purchase water works, gas and electric light works, street cars, telephone and natural gas lines 63 Can contract to furnish city with water and gas . . 63 Design, order and contract for bridges and cul- verts and viaducts 63 Power to grant franchises to telephone, water, gas, street car and electric light companies 63 Page. 438-439 484 430 425 427 424 429 106-115 488 127-128 137-138 137-138 137 - 138 138- 141 138-141 138-141 138-141 138-141 138-141 138-141 138-141 138-141 138-141 138-141 138-141 528 INDEX TO LAWS AND OKDINANCES. BOARD OF public WO R KS— Contin le^. Section. May license digging in street 63 May direct the removal of obstructions from streets. 63 Power to design and contract for building of lev- ees and water courses . . . .^ 63 Power to remove dead animals, etc., from the street 63 Power to prepare plans for sewerage and drainage system 63 To make map of sewer, gas and water pipes 63 To fill ponds, etc., containing stagnant water 63 Power to construct urinals 63 To fix, establish and change grade of streets 63 Public works, how done by 64 Resident employes to be preferred by 64 Drawings and specifications for public works 65 Notice to contractors 65 Combination among bidders, penalty 65 Contracts, conditions imposed 65 Expenses authorized by board, how paid 66 Maj" by resolution order the improvement of streets, 77 May order erection and change of levees, water courses 87 Shall cause specifications prepared for sprinkling and sweeping streets 93 Ordinances. Permits for excavation to be submitted to 870 Permits for building areas and basements granted by 882 Duty of Board to examine plans for areas, etc.... 884 Permit for house moving, addressed to 833, 834 Bond for house moving filed with 835 Design of street car fenders must meet approval of 908 Duty of Board to examine all designs for street car fenders 909 May order rubbish, etc., removed from streets and alleys 810 . Unlawful to interfere with work of 815 May order removal of lamp and lamp posts 823 May permit drinking fountains to be erected 824 May cut down poles erected contrary to ordinance. . 706 Page. 138-141 138-141 138-141 138-141 138-141 138-141 138-141 138-141 138-141 141 141 141-142 141-142 141-142 141-142 142 147-148 159 163 467 471 471 457 458 481-482 482 452 453 454-455 855 413 INT^EX TO LAWS AND OKDINANCES. 529 Section. Page. BOARD OF PUBLIC WORKS— Continued. Grade for sidewalk under supervision of 840 459 May have shade trees removed in certain cases. . . . 848 461 Orders repairing, relaying, etc., of sidewalks 857 463 Permits to tap sewers, viaducts, etc 662 396-397 Old drains not disturbed without orders from ..... 668 398 l\Iay revoke license issued to tap sewers, when 671 399-400 Issue permits to plumbers and gas fitters to exca- vate in streets 683 603-604 Contract with Fort Wayne Di trict Telegraph Company 455 339 Contract with Home Telephone and Telegraph Company 456 342 Contract with New York, Chicago & St. Louis Railroad Company 474 350 Powers and duties in relation to unsafe buildings.. 869 466 Bond to file for performance of duty 917 484 Gives notice to owner to fill ponds or drain same. . 789 442 Duties in relation to repairing of building within fire limits 800 446-447 BOARD OF PUBLIC SAFETY, Laws. Detail policemen for Board of Health and Charities. 104 167-168 Board, how constituted, shall give bond 97 164 Supervise and manage police and fire force 97 164 Power to purchase supplies, salary of commissioners 97 164 Shall adopt rules, quorum 98 164-165 Shall keep a record, act as a Board 98 164-165 Appoint police and firemen 99 165-166 Compensation of Board fixed by ordinance 99 165-166 Shall fix police and fire districts 100 166 Superintendent of Police and Fire Chief, powers... 100 166 May remove police or firemen for cause 100 166 May appoint and remove clerk of Board 53 129-130 Power to make rules and regulations, giving of bond by appointee 109 170 Ordinances. Must file bond for performaence of duty 917 484-485 Marketmaster’s report, stalls and stands, leased on market to 634 390 Clerk of, duty to audit report of Marketmaster . . . 634 390 530 INDEX TO LAWS AND ORDINANCES. Section. Page. BRANCH STORES. Laws. May license, tax and regulate by ordinance 23 106T15 Ordinances. To sell bankrupt stock, fire sale, etc 699 410-411 Must procure a license, fee 699 410-411 Sales by public officers, excepted 699 410-411 Penalty for violating ordinances 699 410-411 BRIDGES. Laws. May regulate and protect by ordinance 23 106-115 Ordinances. Speed in driving over 599 382 Number of cattle driven over at one time 600 382 Obstruction of 601 382-383 To keep to right on, when crossing 602 383 Defacing structure of 603 383 Penalty for violation of ordinance 605 383 Certain ordinance repealed 604 383 BREAD. Quality, weight, how made 790 442-443 Size of loaves 790 442-443 Weight applies to newly baked 791 443 Penalty for violating ordinance 792 443 Who may enter premises to examine 793 443-444 Officers may seize, when ordinance violated 793 443-444 Return of bread seized, when 794 444 Penalty for re-offering to sell 795 444 Who subject to ordinance 796 444 To what does not apply 797 445 BROOKLYN AVENUE. From Calhoun street to Fairfield avenue, formerly Chicago street 923 488 BREAKING QUORUM. Unlawful to, in Common Council 180 203-204 INDEX TO LAWS AND ORDINANCES. 531 Section. Page. BROADWAY, FRANCHISE FOR STREET RAILWAY. Extent of franchise, width of track, where located.. 304 252-253 Track, grade of, pavement and repaving 305, 306 253-254 Rails, kind 307 254 Condition of repairs, notice, failure, penalty 308 254 Speed of cars, regulation of 309 254 Right of way, who entitled 310 254-255 Excavations in track, by city permitted 311 255 Relaying tracks, duty as to 312 255 City indemnified 313 255 Acceptance, conditions 314 255-256 Cuts and fills, duty as to 314 255-256 Track, when laid 315 256 To maintain gutters 315 256 Fares and transfers 316 256-257 Side tracks and switches, kind 317 257 Bond 318 257 BROADWAY, FRANCHISE FOR DOUBLE TRACK. To Fort Wayne Electric Railway Company, from Main street to Washington street 426 291 Kind of rails to be used, crossings 426 291 Condition of grant 427 292 Bond required 428 292 BREWERIES. Laws. May be licensed, taxed and regulated by ordinance. 23 106-115 Depots or agencies of, may be taxed, licensed or regulated 23 106-115 BUILDINGS. Laws. Construction regulated 23 106-115 Dangerous, license to construct, revoked 23 106-115 May compel cleaning by ordinance 23 106-115 Ordinances. Unsafe walls of, constitute a nuisance 864 465 Notice to Board of Works of unsafe condition .... 865 465 Notice served on owner to appear 865 465 Publication of notices, when 865 465 Evidence heard as to condition of building 866 465-466 532 INDEX TO LAWS AND ORDINANCES. BUILDINGS — Continued. Section. Pa^e. Record of condition of building made 866 466 Failure of owner to comply with order of Board, penalty 867 466 Cost of removi \g kept and presented to owner .... 8 8 466 Cost of removal recovered by city 868 466 Power of Board where public safety demands it. . . . 8G9 466 Erected or repaired in fire limits prohibited 800 466-447 Kind of to be built within fire limits 800, 804 446-447-449-450 Dangerous on account of fire, unlawful to main- tain 803 449 BUCHANAN STREET. From Lafayette street to Winter street, formerly Samuel street 920 487 O CATTLE YARDS. How kept, penalty 754 430 CATTLE. Herding on streets and alleys forbidden 829 456 Numl)er which may driven over street 819 454 . Number which may be driven over bridge 819 454 CASS STREET. Citizens’ Street Railway franchise (See Calhoun franchise) 290 248-249 Removal of tracks from 418 288-289 CELLAR DOORS. Not to project above sidewalks 841 459 Not to be left open, penalty 517, 850 362-363 CEMETERIES. Laws. Regulation and management of, by ordinance .... 108 CENTLIVRE, C. L., STREET RAILWAY COMPANY. Doul)le track on Superior street and Spy Run.... 405 284 Electricity used 406 284 Pavement and repairs, material 407 284-285 Rails, crossings, paving streets, power of Board of Public Works 408 285 INDEX TO LAWS AND ORDINANCES. 533 Section. Page. CENTLIVRE, C. L. STREET RAILWAY COM PAN Y--Continued. Repairs and sides of rails, how kept 408 285 How operated, may construct conduits 408 285 Erect poles, wires, etc 408 285 Trolley wiies, poles, how high and where placed.,.. 409 285 Speed, regulation of 410 285-286 Conditions, subject to ordinance 411 286 Kind of cars to be used 412 286 How operated and managed 412 286 Indemnity to city, bond 413 286-287 When to begin construction of, forfeiture 414 287 Conditions when territory is annexed 415 287 Limit of franchise 416 287-288 When in force, amendment to certain ordinances. . . 417 288 Superior street franchise (See Siiterior street). CHICKENS, TURKEYS AND DUCKS. Unlawful to run at large 544 866 CHICKEN COOPS. Unlawful to maintain within certain limits 545 366 CHIEF, FIRE DEPARTMENT. Authorized to enter houses, when 802 448-449 May prescribe fire limits at fire 797 445 To make investigation of cause of fire, report kept. . 798 445-446 People present at fire subject to his orders 798 445-446 Power to administer oath 105 168 CHIMNEYS. How constructed 784 440 Violation of ordinance, penalty 785 440 Repeated violation, penalty 786 440-441 CHARLES STREET. Name changed to Masterson avenue 930 490-492 CHICAGO STREET. Name changed to Brooklyn avenue 923 488 CHILDREN. Laws. May prohibit cruelty to, by ordinance 23 106-115 Must keep off street after certain hours 590 379-380 534 INDEX TO EAWvS AND OKDINANCEvS. CH I LDR EN— Continued. Section. Page. Compulsory education of, in certain cases 212 220-221 Children incapacitated for work in schools 212 220-221 Indigent, how books, etc., furnished for 216 222-223 CALHOUN STREET, CITIZENS’ STREET RAILWAY FRANCHISE. Track, kind to be laid 290 248 249 Pavement, extent of 292 249 Repaving, when 292 249 Kind of rail 293 250 Track, how laid and maintained 294 250 Neglect to repair, penalty 294 250 St. Mary’s river bridge, track across 295 250 Fares and transfers 296 250-251 Speed, regulation of 297 251 Time of running 297 251 Right of way, penalty 298 251 Excavation by city 299 251 Repair 300 251 City indemnified 301 252 Bond 302 252 Time when to be completed 303 252 Kind of poles to be used, only Fort Wayne Street Railway Company 376 276 Double tracks only Fort Wayne Street Railway Company 385 278 First franchise on to Citizens’ Street Railway Com- pany (See Citizens' Street Raihvay Company) ... . 248 237 Franchise for Laying Double Track. Track, how located 279 244-245 How laid and paved 281 245-246 Repair and to keep in repair 281 245-246 Rails, kind of used 282 246 Rails at grade of street 283 246 Notice to repair, failure, penalty 283 246 Speed, regulation of, cars and time of running 284 246-247 Who has right of way, penalty 285 247 City’s right to excavate in street 286 247 Laying and repairing of tracks 287 247 City indemnified against loss 288 247-248 Bond 289 248 INDEX TO LAWS AND ORDINANCES. 535 Section. Page. CITY OF FORT WAYNE. Limits of, defined 931 493-495 Seal of, established and declared 91(1 484 Contract with New York, Chicago & St. Louis Rail- way Company 474 350 Bonds issued to pay indebtedness 940 497-498 Territory annexed to Tenth ward 969 512-513 CIGARETTES. Unlawful to sell without license 561 370 Fee for license 562 371 Comptroller to issue 563 371 Term of license 563 371 Penalty for violation of ordinance 564 371 CITY CLERK. Laws. City Treasurer to make settlement with, tor moneys collected 113 171 Performs duty of County Clerk in city elections ... 2 99-100 Elected when, term of office 2 99-100 Powers conferred on, by acts 3 100-101 Shall notify officers of their election 5 101 Duties, is clerk of Council, keeps ordinance book... . 52 128-129 Salary of Clerk, perquisites 52 128-129 Deputy Clerk, when 52 128-129 Ordinances. Fees of, for transcripts 899 478 Charges against officials, to be filed with 901 479 CITIZENS’ STREET RAILWAY. Franchise granted to 248 237 On Calhoun, Wallace, Hamilton and Lafayette streets and Creighton avenue 249 237 Right of way, who to have, penalty 250 237-238 Speed, regulation of 251 238 Gauge of tracks 252 238 Rate of fare 253 238 Street, how kept within rails 254 238 Track, how laid 254 238 Tracks, where laid 255 238 Index— 2 536 INDEX TO LAWS AND ORDINANCES. Section. Pag-e. CITIZENS’ STREET RAI LWAY— Continued. City not liable for damage 256 238-239 Cars, how run 257 239 Right to lay tracks on Maumee street 259 239 Right to lay double track on Calhoun street (See Calhoun street) 279 244-245 CITY CIVIL ENGINEER. Laws. Mayor appoints, salary 62 138 Subject to orders and directions of the Board of Public Works 62 138 Ordinances. Divides lots and spaces for numbering 880 470 Fixes lines for party walls 489 354 Construction of vaults and coal holes, under super- vision of 888 472 Shall give grades for sidewalks 840 45t Old drains may not be disturbed unless orders from 668 398 Must file bond for performance of duty 917 48^ '‘•85 CITY ATTORNEY. Laws. Appointment, bond, salary, duty of 60 136-137 Fees, deputy and assistants 60 136-137 Reports to Mayor 60 136-137 Is head of department of law 60 136-137 Ordinances. Accidents reported to by police in certain cases — 851 462 Brings suit to condemn real estate 893 473 474 Conducts trials of officials before Council 903 479 Prosecutes violations of nuisance ordinance 765 432 CITY TREASURER. Laws. Shall deliver to Sheriff precepts for collection of sewer, drain or other assessments 116 172-1 '^3 Office of, abolished in certain cities Ill ‘ 170 County Treasurer to be city treasurer Ill 170 To settle with City Clerk 113 171 Pay money over to County Treasurer 113 171 INDEX TO LAW AND ORDINANCES. 53 CITY TREASURER— Continued. Section. Pase. Settlement of 114 171-172 Duplicate delivered by, to County Treasurer 114 171-172 Settlement, how made 114 171-172 CITIES AND TOWNS. Laws. Qualifications for office, in 139 183 Qualifications of voters 140 183 Wards and precincts, how divided for election pur- poses 141 184 Prisons, may be erected in 142 184 Security for arms given by, to Governor 143 185 Distribution of arms to, by Governor 144 185 May compel placing of shade trees 145 185-186 Funding bonds may issue, in less than 16,000 popu- lation 146 186 Sinking fund for payment of bonds, how created. 147 186-187 Refunding bonds, may issue (Acts, 1893) .. 148 187 May levy tax to pay interest and principal (Acts 1893) 152 189 Notice by, how may be given 153 189 Cities of 49,000 population 1 99 Subject to liabilities heretofore incurred 1 99 Ordinances, inconsistent abolished 1 99 Elective officers of, what shall be, term of office.. 2 99-100 Election in, wnen held 2 99-100 Duty of City Clerk in elections 2 99-100 Special elections governed by same provision 2 99-100 Need not aver corporate organization in suits ... 47 1£'6 Interest coupons received in payment of what.... 150 188 CLINTON STREET. Kind of poles to be used on, by Fort Wayne Street Railway Company 376 276 Franchise on, to Fort Wayne Street Railway Company (5Vr Lezvis street, i8go) 388 279 COAL HOLE. Covered with iron plate 888 472 Owner of property liable for defective, when 889 472 Who liable if left open 890 472-473 Cover not to be removed by anyone 891 473 538 INDEX TO LAWS AND ORDINANCES. COAL HOLE — Continued. Section. Pa^e. Owner may remove, if he protects opening 891 473 Penalty for violation of ordinance 892 473 CONDEMNATION OF REAL ESTATE. Laws. Opening and vacating streets 67 142-143 Notice of, in daily newspaper, hearing 67 142-143 List of persons affected by 68 143 Property described 68 143 Damages and benefits, notice of assessments 69 143-144 Non-residents 69 143-144 Remonstrances 67 143-144 Minors and persons of unsound mind 70 144 Defect in proceedings 70 144 Remonstrance, may appeal to Circuit or Superior Court 71 144-145 Appeal, how taken, bow tried 72 145 No further appeal allowed 72 145 Assessments shall be liens on property 73 145 Treasurer’s duties 73 145 Assessments, when due 74 146 Foreclosure, demand, notice 74 146 City’s portion of damages, limits of portion 75 146 Surplus to go to city 75 146 Damages, how paid 76 146-147 Question of title 76 146-147 Appeal does not stay proceedings 76 146-147 Ordinances. Damages, how paid 893 473-474 Abstract of title required 893 473-474 City Attorney, to bring suit 893 473-474 CONGREGATING. In doorways and stairways, prohibited 511 362' Collecting persons by false alarm, prohibited 519 363 CONFIDENCE MEN. Unlawful to be found in certain places 553 367 Elbowing through crowds, unlawful 553 367 COLERICK STREET. From Hanna street to city limits, formerly Tenth street 930 490-492 INDEX TO LAWS AND ORDINANCES. 539 Section. Pa^e. COLERICK STREET. Name of, changed to Dawson street 930 490-492 COLUMBIA STREET AND COLUMBIA AVENUE. Franchise on, for street railway to R. T. McDonald 355 268 Right of way, who has, penalty 356 269 Grade of track, pavement, extent of, repair 357 269-270 Rails, kind, how laid 358 270 Condition of repairs, notice, failure to, penalty 359 270 Speed, regulation of, kind of power, when cars to run 360 270 Excavation by city 361 271 Relaying track, duty as to 362 271 City indemnified 363 271 Removal of earth, where placed 364 271 Cuts and fills, extent of 365 271-272 Fare and transfers 366 272 Side tracks and switches 367 272 Grade to be changed if necessary, by whom 368 272-273 Poles, height of 369 273 Subject to police regulations 370 273 City to use poles for fire or police lines 371 273 Poles, where placed 372 273-274 Tracks, where placed 372 273-274 Bond, for faithful performance 373 274 COUNTY AUDITOR. Laws. Salary, how paid 133 180 Makes delinquent list of lots in city 129 178-179 What included in delinquent list of city and school taxes 126 177-178 To extend levy received from Comptroller on tax duplicate 120 174-175 Duty to give to Comptroller valuation of taxable property 118 173-174 Ordinances. Authorized to refund city taxes, when 900 478-479 Statement by, of city taxes, when 900 478-479 Must file bond for performance of duty 917 484-485 Certifies, taxes, refunder and overcharges to Comp- troller, when 900 478-479 540 INDEX TO LAWS AND OKDINANCES. Section. Page COMMON COUNCIL. Laws. Powers conferred on by act First regular meeting, sessions Special meetings, quorum, two-thirds vote, what Mayor shall preside over, officers pro tern., when.. May pass by-laws and ordinances protecting trees shade Shall add annually sufficient levy to pay bonds and interest 147, 149, Authorized to build water works Shall levy tax for city purposes, amount of levy 29 Power to investigate all departments and officers, etc Written charges against any officer, etc., two-thirds vote to impeach Shall have power to borrow money May authorize temporary loans, limit of 30, May authorize issue and sale of refunding bonds.. Failing to make tax levy, former levy continued .... Ordinances. Fines, orders paid to Home for Friendless 3 100-101 9 103 13 103-104 14 104 14 104 15 104 16 104 17 104 18 104-105 180 203-204 141 184 145 185-186 145 185-186 151 186-188 147 186-187 152 186-187-188- 225 225-226 ■119 117-118- 27 116-117 27 116-117 27 116-117 28 117 30 118 32 118-119 31 118 36 119 37 120 40 122 18 104-105 180 203-204 ,176 202 INDEX TO LAWvS AND OKDINANCES. 541 COMMON COUNCIL— Continued. Section. Grants permits and franchises to erect poles and wires 585 Charges against members of, to be in writing, etc. . 901 . Fixes time of trial of officials 902 Requires two-thirds vote of, to convict 905 May refuse to issue liquor license, in what cases. . . 501 School Trustees, report to, whom 964, 967 May order special reports from School Trustees.. . . 964 COUNCILMEN. Laws. Elected when, term of office 2 Shall not purchase bonds, etc., gifts to 8 Shall not have interest in city contracts 7 Members of from each ward 11 Must be a resident and voter in ward selected from. 12 Salary of 23 COMPTROLLER. Laws. Makes sale of bonds and deliver to City Treasurer (See) 59 When performs duty of Mayor 44 May require officers of departments to make re- ports 54 Shall submit estimate of expenses other than for departments 55 Shall be at head of finance department and have a seal 58 May appoint a deputy, responsible for his acts. ... 58 Comptroller and deputy may administer aths 58 Duty as to accounts of departments 59 Shall not suffer appropriations to be overdrawn . . 59 Duties of in contracts of sprinkling and sweeping. . 95 Bond of County Treasurer filed with 112 Certify tax levy to Auditor 120 Issues all orders on City Treasurer ■ 59 Expenditures of, to be approved by Mayor 59 Illegal warrants, liability for payment of 59 Duty to sell bonds, and keep register thereof and manage finances 59 Page. 377-378 479 479 480 359 505-506-507 505-506 99-100 102-103 102 103 103 106-115 134 123 130- 131 131- 132 133 133 133 133-136 133-136 163-164 170-171 174-175 133-136 133-136 133-136 133-136 542 INDEX TO LAWS AND ORDINANCES. COMPTROLLER— Continued. Section. To issue all city licenses 59 Shall pay all money into the treasury 59 Accounts, shall prescribe methods of keeping them. 59 Revenues, oversees collection of 59 To see that tax duplicates are properly made out. . 59 To make: settlement with the Treasurer 59 To draw all orders on the Treasurer 59 Drawing orders without appropriation, illegal 59 To invest prepaid street assessments 85 Salary of 58 Ordinances. Shall keep register of all permits for junk shops and second hand stores 580 Grants license to erect poles 703 May compel companies and individuals in certain cases to bring their books for examination 709 Issues licenses for shows, theatrical performances. 719 Shooting galleries, lifting and striking machines, etc 718 Keeps record of all licenses issued 728 Issues license to sell oil, coal oil, gasoline, etc. . . . 687 Issues license to peddlers and hawkers 690 Issues license to tap sewers and drains 670 Must keep record of license issued to tap sewers. . . 670 License, issues to persons to flush sewers 677 License, issues to run bankrupt store 699 License, issues to cigarette dealers 563 License to plumbers and gas litters 684 License issued to persons carrying on distillery, slaughtering establishment, tannery, etc 756 Issues license to use streets and alleys for pipe lines 711 Statement of location, character, etc., of pipe and pipe lines, filed with 712 Bond to file for performance of ( uty 917 County Auditor, certifies taxes refunded and over- charges to 900 Issues license to sell milk 733 Countersigns all licenses issued to sell liquors.... 502 To certify tax levy to Auditor 900 Page. 133-136 133-136 133-136 133-136 133-136 133-136 133-136 133-136 153-159 133 376 412 716 416 416 419 405 406 398-399 398-399 401 410-411 371 404 430-431 414 414 484-485 478-479 421 359-360 478-479 INDEX TO LAWS AND ORDINANCES. 543 Section. Page. COUNTY TREASURER. Laws. To settle with Auditor for city and school taxes.. 124 176-177 Liability of 124 176-177 Payment to school board, qnietus 125 177 Settlement of delinquent school and city taxes, when makes 127 178 Must collect delinquent and city taxes 122 175-176 Notice of receipt of tax duplicate, what to con- tain 121 175 Must collect city taxes, delinquent, penalty 130 179 Power to collect taxes by levy and sale 123 176 To be city treasurer in certain cases 112, 127 170-171-178 Salary, how paid 133 180 Pays delinquent school taxes to Board of School Trustees 128 178 Bond filed with Comptroller 112 170-171 Collects special taxes, licenses, etc 115 172 Must give notice 121 175 COUNTY JAIL. Laws. May be used as a city prison, wl en 142 184 CRIMES. When cannot be made punishable by ordinance . . . 181 204 CRYING ALOUD ON STREET, ADVERTISING GOODS. Cannot cry aloud, or carry signs or banners 575 375 Violation of ordinance, penalty 576 375 CREIGHTON AVENUE, STREET RAILWAY FRANCHISE. (See Broadzi'ay Franchise) 304 252-253 (See Wallace Street Franchise for East Creighton avc-) • 319 257-258 First franchise on, to Citizens’ Company (See Citi- ::ens’ Street Raihcay Company) 249 237 CRESCENT AVENUE. Name of, changed to Meyer ave- ue 930 490-492 CURFEW. Children under certain age, prohibited on streets after certain hours 590 379-380 Parent or guardian permitting, unlawful 591 380 544 INDEX TO LAWS AND ORDINANCES. CURFEW — Continued. Section. Page. Duty of police to arrest, parents notified 592 380 Duty of Mayor to investigate 598 380-381 Violation of ordinance, penalty 594 381 J> DAIRIES. Laws. May license, tax, regulate or prohibit, etc 23 106 11 5 DAWSON STREET. From Hoagland avenue to Fairfield avenue, for- merly Colerick street 930 490-492 DEFACING Or tearing down printed matter, prohibited 520 363 DEAD ANIMALS. Unlawful to haul over street unless covered 770 434 Penalty for violation of ordinance 770 434 DEPARTMENT OF LAW. Laws. City Attorney (,ycr) 60 136-137 Head 60 136-137 Ordinances. City Attorney 60 136-137 DEPARTMENT OF PUBLIC WORKS. (See Board of Public U^orks) Ordinances. (See Board of Public U'orks) DEPARTMENTS. Laws. Execution established, what are 53 129-130 Offices not provided for, how appointed 53 129-130 Rules, information furnished to Mayor and Council. 53 129-130 Mayor appoints heads of departments 53 129 130 Officers theieof, clerk, removal of 53 129-130 May appoint additional clerks, if necessary 53 129-130 Official bonds of 53 129-130 Heads of, qualifications, fees and perquisites 54 130-131 INDEX TO LAWS AND ORDINANCES. 545 DEPARTMENTS — Continued. Section. Page. All fees belong to city 54 130-131 Must make report of all moneys under oath .... 54 130-131 Comptroller, power of 54 130-131 Duty of executive department, furnish estimates... 55 131-132 Appropriations for, made by comittee on finance 55 131-132 Additional appropriations for, may be made 55 131-132 No officer can bind city in a contract beyond limit. 56 132 Comptroller shall submit estimate of expenses of. . 55 131-132 DEPARTMENT OF ASSESSMENTS AND COLLECTIONS. Laws. City Treasurer’s office abolished, in what cities... Ill 170 County Treasurer to be city treasurer, bond, etc. Ill 170 City Treasurer to settle with City Clerk 113 171 City Treasurer to pay money over to County Treas- urer 113 171 Settlement of City Clerk and Treasurer 114 171-172 Duplicate delivered by City Treasurer to County Treasurer 114 171-172 County Treasurer, City Treasurer, settlement 114 171-172 DISTURBING PUBLIC PEACE. Unlawful to make noise, etc 507, 508 361 Police empowered to arrest 508 361 DISANNEXATION OF TERRITORY. Laws. Effect of, as to prior indebtedness of city. 40 122 How made 40 122 Ordinance for 40 122 DISINFECTING. Persons shall disinfect on order of Board of Health. 775 437 Duty of physician to disinfect, when 776 437 Removal of unwholesome substances from houses. 774 436 Owner or occupant to disinfect house 775 437 Vessels in sick room disinfected 776 437 Police officers to inspect and enforce ordinance 777 437 Board of Health and police officers, right to enter houses, when 778 437 546 INDEX TO LAWS AND ORDINANCES. Section. Page. DISPENSARIES. Laws. May be regulated by ordinance 23 106-115 DOORS. Ingress or exit doors at public halls 606 383 Not to be fastened or locked during any show or entertainment 606 383 DOGS. Laws. May license, tax and regulate keeping of 23 106-115 Ordinances. Tax imposed 950 • 501-502 Assessor to assess and collect 951 502 Assessor to give receipt 952 502-503 Contents of receipt 952 502-503 Assessor to keep a record 952 502-503 Settles with Comptroller 952 502-503 Compensation 952 502-503 Female dog, unlawful to run at large, when 954 503 Barking dog 955 503 Dogs to be confined, when 956 503 Vicious dog 957 503-504 Vicious dogs killed 958 504 Owner of dog fined, when 959 504 Enticing dog away from owner 960 504 Unlawful to poison dog 961 505 Penalty 962 505 Repealed 963 505 Vicious dog running at large 953 503 DRINKING FOUNTAINS. Watering diseased horses at, forbidden 615 385 May be erected, where 824 455 DRAINAGE. Laws. May provide by ordinance, on what terms real es- tate may be drained or sewered 23 106-115 DURYEA STREET. Name of, changed to Poplar street 930 490-492 INDEX TO LAWS AND ORDINANCES. 12 Section. EDSALL STREET. Name changed to Union street 930 EDUCATION. Laws. Compulsory education of certain children 212 " Provision as to graduates 212 Proviso as to children incapacitated 212 Truant officers, appointment and duties of 213 Penalty for violation of law 213 Cities and towns, duties of Superintendent in 214 Pay of truant officers 215 Truant officer, time of service 215 Report by school officers 215 Indigent children 216 “Parental home” for children 217 Tax levy for purposes of act 218 Exemptions 219 ELIZA STREET. Name of, changed to Penn street 926 ELECTIONS. Laws. Places of holding 141 Who shall constitute board of 141 When held for city offices 2 Duty of City Clerk in 2 ELECTRIC LIGHT TOWERS. Unlawful to climb or hang on 531 ENGINES. Traction, propelling over streets 573 Tires of, must be smooth 573 ENGINE HOUSES. Laws. May be regulated by ordinance 23 ESMOND STREET. From Calhoun to Lafayette, formerly Grace street.. 930 547 Page. 490-492 220-221 220-221 220-221 221- 2 z2 221-222 222 222 222 222 222- 223 223 223 224 489-490 184 184 99-100 99-100 365 373-374 373-374 106-115 490-492 548 INDEX TO LAWS AND ORDINANCES. Section. Page. EXECUTIVE. OR ADMINISTRATIVE FUNCTIONS. Laws. Where vested, restriction 26 116 In whom vested 41 122 No executive department can bind city by any contract beyond limit of money appropriated, etc 56 132 EXCAVATING IN STREETS AND ALLEYS. Persons wishing to, must have permit Unless a plumber or gas fitter Application made to Board of Works . Bond must be filed Extent of liability on bond Violation of ordinance, penalty EXCAVATIONS. Filling of (See Pouds) FACTORY STREET. Franchise on, to Port Wayne Electric Light Com- pany (Arc Fort JPayne Electric Light Company) ■ 347 266 FAIRMOUNT PLACE. From Wells street west, formerly North street 930 490-492 FAIRFIELD AVENUE. From Brackenridge to Superior street formerly Griffith street 930 490-492 FENCES, PARTITION. How constructed and maintained, penalty 23 106-115 Refusal to build or repair, notice 492 356-357 Parties may agree as to kind of fence 493 357 Fence already erected becoming partition fence . . 494 357 Erected on wrong line, removed 495 357 FERGUSON STREET. From Shawnee avenue to Miner street, formerly Anna street 930 490-492 FIRE ENGINES. To ]-egulate and protect by ordinance 23 106-115 . ... 682 403 870, 682 403-467 683 403 . ... 680 870 870 467 871 468 787 441 INDEX TO LAWS AND ORDINANCES. 549 Section. FIRE ARMS. Minors, unlawful to sell or give to 565 Penalty for violation of ordinance 566 Discharge of, in city, unlawful 522 FIRE APPARATUS. Hanging on while going to or returning from fire, prohibited 526 FIRE PRECAUTION. Unlawful to connect stove pipe with any chimney, unless built of brick, stone or iron 539 ' Hay, straw, or other combustibles near fire, pro- hibited 540 Unlawful to put ashes in wooden vessels, etc 542 FIREMEN. Unlawful to impersonate 541 Laws. How appointed, removal, what for 100 Conviction of members, punishment 101 FIRE LIMITS. Territory embraced in 799 Kind of buildings permitted in sec) 800 Repairing buildings in, unlawful 800 Duty of chief engineer and Board of Works, defined 800 Violation of ordinances, penalty 800 House erected or repaired contrary to ordinance, may be torn down 800 Material to be used in building within 804 Building, how constructed within 804 FIRE ALARM TELEGRAPH. Unlawful to give false alarms by 608 Making keys for boxes unlawful 609 Unlawful to have keys in possession, who 610 Refusal to give up keys, unlawful 611, 612 Disturbing fire alarm or police wires, unlawful . . . 613 Violation of ordinance, penalty 614 FIRE CRACKER. Unlawful to explode, without permit from Mayor. 522 Page. 371 371 363 364 365 365-366 366 366 166 166 446 446-447 446-447 446-447 446-447 446-447 449-450 449-450 384 384 384 384-385 385 385 363 550 INDEX TO LAW.S AND ORDINANCES. i Section. Page. FIRE DEPARTMENT. Chief of, may enter houses, when 802 448-449 Persons obstructing, unlawful 805 450 Street cars obstructing, unlawful 806 451 Chief of, to prescribe fire limits at fire 797 445 To investigate cause of fire, report 798 445-446 People present at fire, subject to orders of 798 445-446 Unlawful to drive over fire hose of 801 448 Unlawful to destroy any fire apparatus, penalty.... 807 451 Right of way, on streets 807 451 FIRE. False alarm to give, unlawful 608 384 Limits of, prescribed by chief of department 747 427 People present at, subject to orders of depart- ment 798 445-446 Penalty for disobeying orders 797 445 Hose, unlawful to drive over, penalty 801 448 Unlawful to use street sprinklers or plugs, during.. 618 386 FINES. Laws. Collected by Mayor, payable to whom 45 123-126 Council orders paid to the Home for Friendless Women, when 175-176 202 Home of Friendless Women, when entitled to... .175-176 202 FIREMEN’S PENSION FUND. Laws. Board of Trustees of, established 154 189-190 Limited to cities of 30,000 population 154 189-190 May apply to other cities 154 189-190 Number of trustees 155 190-191 Mayor and Chief Fire Engineer to be members of Board 155 190-191 Board, how constituted, powers and duties 155 190-191 Oath of, continuous succession 155 190-191 Fire company defined 156 191 Selection of trustees, how made 157 191-193 Nominating convention, delegates to same 157 191-193 Reporting nominees, election 157 191-193 Terms of first trustees 157 191-193 INDEX TO LAWS AND ORDINANCES. 561 i Section. Page. FIREMEN’S PENSION FUND — Continued. Canvassing: the vote, certifying same 157 191-193 Mayor issues certificates of election 157 191-193 Tie vote, how decided 157 191-193 Election day, term of trustee 158 193 President of Board, who 159 193-194 Secretary, term, duties of, rules 159 193-194 Pension fund, may take gifts and bequests 160 194-195 Fees and rewards 160 194-195 Percentage of salary of firemen 160 194-195 Deduction by Treasurer given salary 160 194-195 A tax on all city property 160 194-195 Investing funds for revenue purposes 161 195-19V Revenue must be invested in bonds 161 195-195 Borrowing money from Treasurer for investment... 161 195-196 Report of Treasurer 161 195-196 Bond of President 161 195-195 Report of Board 161 195-196 Disabled firemen may be retired and pensioned 162 196-197 Widow and children of firemen 162 198-197 Father and mother may be pensioned 162 196-197 Widow re-marrying 162 196-197 Brother and sisters may be pensioned, when 162 196-197 Pension, when pro rated 163 197 Pension, rate of 164 197-198 Disabled firemen 164 197-198 Widow and children 164 197-198 Twenty-five years’ service, retirement, rate 164 197-198 Dependents of retired members 164 197-198 Father, mother, brothers and sisters, rate to 164 197-199 Discharged firemen may be pensioned, also their dependents 164 197-198 Pensions under former laws, continued 165 198 Retired members may be examined 166 198-199 Notice to retired firemen, hearing, payment . . 166, 167 198-199 Pension money not subject to execution 168 199-200 Custodian of fund 169 200 Separate account required 169 200 Repealing act of 1891, saving clause 170 200 FIRE ESCAPES. Laws. May compel erecting, by ordinance 23 10^-115 Index — 3 562 [NDEX TO TA.WS AND ORDINANCES. Section. Page. FINANCE. Laws. Duty to fix rate of taxation by ordinance 55 131-132 Additional appropriations may be made 55 131-132 City Comptroller shall be at head of, and have a seal 58 13^ FISHER STREET. From Holton avenue to Winter street, formerly Jen- nison street 921 487-'^88 FLAGMEN. Laws. May require railroad to keep 23 106-315 FLAGS. Laws. May prevent flying of on streets, by ordinance 23 106-13 5 FORT WAYNE DISTRICT TELEGRAPH COMPANY. Ordinance ratifying contract of 455 339 Contract of same 455 339 Poles and wires maintained 455 339 Purpose of the company 455 340 Free telephones in certain cases 455 340 Rate authorized to be changed. 455 340 Rate to city officials.... 455 340 Rules governing in case of sale of franchise 455 341 Combinations prohibited 455 341 Bond required 455 341 Work to begin when 455 341 FORT WAYNE GAS COMPANY. Ordinance to charge former rates 449, 335 263 Agreement of company 449, 336 263 To dig new wells, erect pumping station, etc.. . 449, 336 263 Extension of time 449, 336 263 Amount of money to be invested 450, 337 263-264 To furnish sufficient amount of gas 451, 337 263-264 Rebate for shortage, blanks 451, 337 263-264 Company not released from former duties 452, 338 264 Bond for faithful performance 453, 338 264 INDEX TO LAWS AND ORDINANCES. 563 Section. Page. FORT WAYNE ELECTRIC LIGHT COMPANY. Permit to operate street railway on Factory street. 347 266 Elctric power to be used 348 266 Grade of track, what to be 349 266-267 Repairs, how made and kept 350 267 Pavement to he made by company, extent of 351 267 City indemnified by bond 352 267-268 Forfeiture 354 268 Bond for faithful performance 354 268 FORT WAYNE STREET RAILWAY COMPANY. Electric system substituted for animal 374 274 Trolleys, poles, height of, and conditions 375 275 Iron poles, where, and where set 376 276 Condition of franchise 377 276 Underground conduits 378 276 Workmanship 379 276 Guards and red lights 380 276 Cars, kind of 381 276-277 Indemnity to city, bond 382 277 Time, when work to begin 383 277 Permit to lay double tracks on certain streets 385 278 Pavements, material, maintaining 386 278-279 Franchise on West Main street from Broadway to city limits (See Main street) 332 261-262 FOX AVENUE. From Home avenue to Taylor street, formerly Fox street and Shawnee avenue 930 490-492 FOX STREET. Name changed to Fox avenue 930 490-492 FUNERAL. Unlawful to break into procession, driving 547 366 Unlawful to break into procesison by locomotive... 647 392 GASOLINE. License required to sell 687 405 Fee for license 688 405 Time of license 688 405 Seller to use drip pan 688 405 Penalty for violating ordinance 689 405 5b4 INDEX TO LAWS AND ORDINANCES. Section. Page. FORT WAYNE & SOUTHWESTERN TRACTION COMPANY. Contract of city, Wm. S. Reed et al 430i/^B 308-309 Extent of authority vested in contract 4304^B 308-309 Streets authorized to be used 430i/^B 308-309 Switches and curves authorized, where 430 B 308-309 Conditions 430i^B 308-309 Fares authorized to be charged 4304^C 309-310 Conductors, duties of 430%C 309-310 Depot, where built 430i/^D 310 Overhead system for propelling cars, to be used... 430i/^E 310-311 Board of Safety, authority, duties of in connection with motor power 430i/^E 310-311 Streets to pave, extent of 4304^P 311-312 Street to repair, when 430 311-312 Bridges, extent of repairs to be made 4304^F 311-312 Costs of repairs of streets, when made by city how collected 4301 / 2 F 311-312 Emergency fund 430i/^F 311-312 Fund, how expended 430i/^F 311-312 Passenger service, kind 430i/^G 312 Motive power, kind 430i/^H 312-313 Cars, decorations 4304^H 312-313 Cars, purposes for which used 430i/^H 312-313 Rails, kind to be used 430%H 312-313 Cars, how frequently run 430%H 312-313 Tracks, authorized to be used by other parties, when 4304^1 313-316 Franchise tax, not included in maintenance fund.. . 4301^1 313-316 Persons using tracks, compensation, when paid .... 4301^1 313-316 If compensation cannot be agreed, how determined. 4304^1 313-316 Default of payment, penalty 430i/^I 313-316 Removal of tracks can be required by city 430i/^I 313-316 Cost of, how paid 4304^1 313-316 Distance between rails of tracks 430i/^J 316-317 Poles, kind required 430i/^J 316-317 Failure to repair street, upon notice, penalty 430i/^J 316-317 Compensation to city 43014K 317 To build an interurban line from Fort Wayne to Huntington 430%L 317-318 Failure to, penalty 4304^L 317-318 City protected against liability, how 430i^M 318 INDEX TO LAWS AND ORDINANCES. 565 FORT WAYNE & SOUTHWESTERN TRACTION COMPANY • Section. Suits against city, who defends 430i/^M Poles and wires, where and how erected and main- tained 4301/^N Tracks laid with grade of street 430 Failure to relay tracks by grantees, authority of the of Board of Works 4301 / 2 N Regulation of cars, how 430i/^O Violation of conditions of franchise, penalty 4301/40 Grantees not to impede public improvement 4301/40 Term of franchise 430 14 P To vacate streets at end of term 4301/4P Bond of grantee 4301/4Q Bond, when renewed 4301/4Q Failure to renew, penalty 4301/4Q Cars, kind 4301/4Q Concrete, where and how used under track 4301/4Q Time within which road to be completed 4301/4R Rights reserved by city 4301/4S Extra cars to be run, when and where 4301/4S Transfer tickets required 4301/4S Ordinance approving contract 43014T G GAS FITTERS, WATER PIPE FITTERS. Must procure license, bond 23, 106, 115 Application for license, bond 683 Permit to open streets, guard excavations 683 Extent of liability on bond 683 Comptroller to issue license 684 Term of license 685 Violation of ordinance, penalty 686 GAME, TRICK OR DEVICE. Unlawful to defraud anyone by 506 GAS LINES AND PIPES. Laws. To authorize and require inspection, by ordinance. . 23 Ordinances. License required to lay on streets and alleys -Continued. Page. 318 318-320 318-320 318-320 320-321 320-321 320- 321 321 321 321- 322 321-322 321-322 321-322 321-322 322 323 323 323 325 682 403-404 403-404 403-404 404 404 404 361 106-115 711 414 566 INDEX TO LAWS AND ORDINANCES. GAS LINES AND PI PES— Continued. Section. Page. Statement of location of, filed when and with whom 712 414 Chart of limit to be filed with statement 713 414 Application for license, when 714 414-415 License fee 715 415 Comptroller may compel officers to produce books.. 716 415 Violation of ordinance, penalty 717 415 GAS, NATURAL. Laws. * May license, tax and regulate use of by ordinance. 23 106-115 Ordinances. Meter rates, when paid 444, 334 262-263 Annual charge 445, 334 262-263 Setting meter, no charge 446, 334 262-263 Violation of ordinance, penalty 447, 334 262-263 Contract continuing old rates 449, 336 263 Franchise to Salimonia Mining <6; Gas Co 431, 325 260 GARBAGE. Laws. Board of Public Works to remove 23 106-115 Ordinance for removal 23 106-115 Placing in receptacles, may be required by ordi- nance 23 106-115 Ordinances. Collecting of, conveyance to crematory 771 435 Unlawful to place on lots, streets or alleys 772 435-436 To be placed in wooden boxes 772 435-436 Tin cans and broken dishes in separate boxes 772 435-436 Violation of ordinance, penalty 773 436 GAMBLING. Laws. Suppression of by police 23 106-115 May suppress by ordinance 107 169 GAMING DEVICES. Laws. Power of police to destroy 23 106-115 Device, destruction of, may be authorized by ordi- nance 23 106-115 IXDKX TO LAWS AND ORDINANCES. GEORGIA AVENUE. Section. From Cleveland street to city limits, formerly Park avenue .. 930 GRASS PLATS. Unlawful to injure 530 GRAND STREET. Name of, changed to Thayer street 930 GRIFFITH STREET. Name changed to Fairfield avenue 930 GRANT AVENUE. From Pioneer avenue to New Haven road, formerly Alliger street 926 GRACE STREET. Name of, changed to Esmond street 930 GYPSIES. Unlawful to camp in city 554 n HARRISON STREET MARKET. (Sec Market). HAMILTON STREET. Franchise on, to Citizens’ Company {Sec Citizens' Street Railway Company) 919 HAWKERS. {Sec Peddlers and Hazvkers). HACKMEN. Laws. May license, regulate, tax by ordinance 23 HAMILTON STREET. Name of, changed to Wallace street 919 HAND BILLS. Laws. May regulate and prohibit placing of in streets by ordinance 23 Ordinances. Throwing on streets, unlawful 510 567 Page, 490-492 364-365 490-492 490-492 489- 490 490- 492 368 487 106-115 487 106-115 361-362 568 INDEX TO LAWS AND ORDINANCES. Section. Page. HEALTH, PUBLIC. Laws. Regulations for promotion of, by ordinance 23 106-115 Ordinances. (vScr Boai'd of Health). HOUSES. Laws. May regulate numbering of, by ordinance 23 106-115 Ordinances. Moving over streets and alleys 833 457 Application for permit, what to contain 834 457 Bond required 835 458 Delay, while moving prohibited 836 458 Injured streets to be repaired 837 458 Penalty for violating ordinance 838 458 Removal of unwholesome substances from 774 436-437 Disinfecting in certain cases 747 427 Numbers, where placed, width of lot 877 469-470 Starting point of numbering, where 779 438 Refusal to number, penalty 779 438 Engineer to divide lots into spaces 880 470 Engineer to keep book of numbers in office 880 470 Size of numbers 881 471 HOUSES OF ILL FAME. Laws, May be suppressed 23 106-115 HOME TELEPHONE AND TELEGRAPH COMPANY. Contract of, approved by Council 456 342 Rights and privileges granted 458 343 Poles and conduits 458 343 Wires underground and extent of territory 459 343 Poles where located, consent of Boards of Works 460 344 Consent of Board required to go under paved streets 461 344 Board to designate location of poles 462 344 Board to designate location of conduits 463 344 Streets and alleys disturbed to be replaced by company 463 344-345 IXPKX TO LAWS AND OKDINANCES. 569 Section. Page. HOME TELEPHONE AND TELEGRAPH COM PAN Y— Continued. Conduits outside certain limits to be built for city 463 345 City to pa-y for conduits, when 466 346 Monthly and annual toll rates, how much 467 346 Charges for one mile limit 467 346-347 Fire telephones, how many and where placed.... 467 347 Price to city officials 468 347 Wires to be insulated 4 9 347 City to use top cross arms on poles 469 347-348 Company to pay percentage of earnings, when .. 470 348 Examination of books 470 348 Money deposited as a guaranty 471 348 Bond to indemnify city 472 348-349 Ptenewal of bond, when 472 349 Term of franchise 473 349 Cables, when required 464 345 Material used, approval, kind 464 345 Height of wires, poles painted 465 345 City duct to be built by company 466 345 HOLES. Filling of (see ponds) HOME FOR FRIENDLESS WOMEN. Laws. When convicts may be imprisoned in 172 201 Duties of Trustees as to convicts 173 201 Open for inspection 174 201-202 Fines collected in certain cases, to be paid to 175-176 202 Forfeitures in certain cases, to be paid to 177 202-203 Account of fines kept, when paid 178 203 Detailed statement of fines 178 203 Paid to trustees by order of Council 178 203 Repoit of trustees of, as to fines, etc 179 203 HOLIDAYS. :\Innicipal office, to be closed on 915 483 HOTELS. Laws. May be licensed, taxed, regulated or prohibited ... 23 106-115 570 INDEX TO LAWS AND ORDINANCES Section. Page. HOSPITALS. Laws. May be regulated by ordinance 23 106-115 HURD STREET. From Gar street to Walton avenue, formerly Thommssette and Julia streets 921 487-488 HUGH STREET. Name of, changed to Alliger street 926 489-490 I IDA AVENUE. Name changed to Michigan avenue 930 490-492 IMPROVEMENTS. Laws. Dangerous, bonds for erection 23 106-115 Streets (see) IMPRISONMENT. Laws. City Council may provide for, for violation of or- distances 25 115-116 INDECENT PLAYS. Unlawful to perform 513 362 INTOXICATING LIQUORS. Laws, See liquors Ordinances. License, required to sell, fee 502 359-360 Comptroller to issue license 502 359-360 Quantity, may sell within certain limits 503 360 Violation of ordinances, penalty 504 360 Council may refuse to issue licenses to sell in certain cases 501 359 Selling on Sunday, prohibited 497 358 INDEBTEDNESS. Laws. Limits of 30 118 INDEX TO LAWS AND ORDINANCES. 571 Section. Page. INTELLIGENCE OFFICE. License required 912 516 How issued 973 516-517 Imposition of fraud 974 517 Penalty 974 517 INDIANA AND OHIO TRACTION COMPANY. Contract, extent of authority vested in company . . 430B 293-295 Streets authorized to be used 430B 293-295 Switches and curves, authorized where 430B 293-295 Fare authorized to be charged 430C 295 Conductors, duties of 430C 295 Depot, where built 430D 295 Overhead system for propelling cars to he used.. 430E 295-296 Board of Safety, duties of 430E 295-296 Streets, to pave or repair, extent of 430F 296-297 Repairs, when made 430F 296-297 Bridges, extent of repairs to be made 430F 296-297 Cost of repair when made by city, how collected ..430F 2'96-397 Emergency fund 430F 293-297 Passenger service, kind 430G 297 Motive power 430H 297-298 Cars, purposes for which used 430H 297-298 Rails, kind to be used 430H 297-298 Cars, how frequently run 430H 297-298 Company to permit use of tracks by other com- panies, when 4301 298-300 Compensation for use by other companies 4301 298-300 When company cannot furnish power, proviso .... 4301 298-300 Tracks, where laid 4301 298-300 Inside width of rails 430J 300-301 Failure to repair track or street upon notice, penalty 430J 300-301 Compensation to city 430K 301 To build an interurban line, Marion to Hicksville, Ohio 430L 301 Rights to vest in streets, when 430L 301 City protected against liability 430M 301 Actions against city, who defends 430M 301 Poles and wires, where and how erected and maintained 430N 301-303 Track laid with grade of street 430N 301-303 572 INDEX TO LAWS AND ORDINANCES. Section. INDIANA AND OHIO TRACTION COM PAN Y— Continued. Failure to relay tracks by company, power of Board of Works 430N Regulations of cars, how 4300 Violation of conditions of franchise, penalty 4300 Company not to impede public improvements 4300 Term of franchise 430P To vacate streets at end of fifty years 430P Bond of company 430Q Bond, when renewed 430Q Failure to renew, penalty 430Q Cars, kind 430Q Concrete, where and how used under track 430Q Time within which road is to be com.pleted 430R , City reserves special rights 430S When Indiana & Ohio Traction company takes sec- ond place 430S Organization committee 430S Approval of contract, Indiana & Ohio Traction Co 430T .T JEFFERSON STREET. Citizens Street Railway, franchise on, to Har- mer street 263 Citizens ■ Street Railway franchise from Broadway, to its intersection with Garden street 261 JENNISON STREET. Name of, changed to Fisher street 921 JOHN STREET. Franchise on, to Fort Wayne Street Railway company, (see Wallace street) 819 JULIA Street. Nam.e changed to Hurd street 921 JUNK SHOPS. Laws. May license, and regulate by ordinance 23 577 Page. 301-303 303-304 303-304 303- 304 304 304 304- 305 304-305 304-305 304-305 304- 305 305 305- 307 305-307 305-307 307 240-241 240 487-488 257-258 487-488 106-115 375 Ordinances. Incense required INDEX TO LAWS AND ORDINANCES. JUNK SHOPS — Continued. Section. Penalty 577 Comptroller grants permit 578 Rond required 578 Period of permit 579 Register of permits kept by Comptroller 580 License to keep record of goods bought 581 Record, how kept 581 Failure to keep record, penalty 581 Record open to inspection to Mayor and police.. 582 Minors, prohibited from buying from 583 Violation of ordinance, penalty for 584 JURISDICTION. Laws. Beyond limits of city 23 JUDGMENTS. Laws. In favor of city, how enforced 50 li KEEPING TO RIGHT. When crossing bridges, duty to 602 KITE FLYING. Unlawful in streets and alleys 515 KINNAIRD AVENUE. From Beaver avenue to Broadway, formerly Trent- man avenue 930 KINDERGARTEN SCHOOLS. Laws. When may be established 187 What pupils admitted to 187 Expense, payment of 187 L LABOR. Laws. May compel convicts by ordinance 25 573 Page. 375 375-376 375- 376 376 376 376 376 376 376- 377 377 377 106-115 127-128 383 362 490-492 207-208 207-208 207-208 115-116 574 INDEX TO LAWS AND ORDINANCES. Section. Page. LAFAYETTE STREET. Franchise on, to Citizens Company, (5'rr Citizens Street Raihvay Company) 249 237 LAVINA STREET. From Broadway to Rockhill street, formerly Pritch- ard street 930 490-492 LAKE STREET. Name of, changed to Marie street 930 490-492 LAMP POSTS. Laws. How ordered, contract for 96 164 LEWIS STREET. Franchise on to Fort Wayne Electric Railway Com- pany, from Clinton street to AValton avenue, granted 1892 421 290 Franchise subject to previous ordinances 422’ 290 Pavement, extent of repairs 423 290 Completed, when 424 290 Bond for performance 425 291 Franchise on, granted to Fort Wayne Street Rail- way Company 1890 388 279 Pavement, extent of, repairs 390 280 Rails, kind of 391 280 Tracks, how kept, failure to repair, penalty 392 280-281 Speed, rate of 393 281 Cars, right of way of 394 281 Excavations by city 395 281-282 Relaying track, duty of company 396 282’ City indemnified 3fi7 282 Removal of earth 398 282 Cuts and fills, duty as to 399 282 Fares and transfers 400 282-283 Switches, kind of 401 283 Shall continue to operate on certain streets 402 283 Relaying tracks to conform to grade 403 283 Bonds for performance 404 283 INDEX TO LAWS AND ORDINANCES. 575 Section. Page. LEVEES. LAWS. Board may order erection or change of 87 159 Resolution, advertisement 87 159 Assessments, collection 88 159-160 LICENSE. For theatrical performances, shows, concerts, etc 23-718 106-115-416-418 Comptroller to issue 719 416-418 Fees required 719 416-418 Mayor may refuse to issue in certain cases 722 418 To sell oil, gasoline or petroleum 687 405 For sewer builders 670 398-399 For peddlers and hawkers 6,90 406 For flushing sewers and other drains 676 401 For auctioneer 696 408-409 For branch stores 699 410 To sell cigarettes 670 398-399 For plumbers, gas fitters, water pipe fitters 684 404 For billiard and pool tables 701 411-412 For gas pipes and lines required 711 414 For selling milk, required 733 421 To sell intoxicating liquors 501 359 To erect poles on streets and alleys 703 412 To conduct intelligence ofllce 931 493-495 LIGHTS. Unlawful to light or extinguish without authority. 535 ' 365 LIQUORS, INTOXICATING. Laws. License for sale, required 23 106-115 Places where manufactured or st ored, may be licensed, taxed or regulated by ordinance.... 23 106-115 Ordinances. License required to sell, fee 502 359-360 License, by whom issued 502 359-360 Quantity, may sell within certain limits 503 360 Council may refuse to issue licen se in certain cases 501 359 576 INDEX TO T.AWS AND OKDINANCES. LIVERY STABLES. Section. Page. Laws. May regulate, license by ordinance 23 106-115 LOITERING. Unlawful to, in certain places 551 367 LOCOMOTIVES. Engineer to ring bell when 636 391 Rate of speed within city limits 637 391 Blowing whistle prohibited, exceptions 638 391 Animals killed by, must be removed 639 391 Allowing steam to escape, unlawful 640 391-392 Watchman at rear end of car in backing 641 392 Sign boards, must erect 642 392 Obstructing streets, unlawful 643 392 Headlight, shall keep in night time 644 392 Calhoun street crossing, obstructing, etc 645 392 Obstructing streets by switching, prohibited 646 392 Interfering with funeral procession, unlawful .... 647 392 Ordinance, copy of, furnished to railroads 648 392-393 Time train to remain on crossing 649 393 Flagman maintained, where 650 393 Signals given travelers 651 393 Police powers of flagman 651 393 Safety gates, where, on Pittsburg railway 652 393-394 Safety gates, where, on Wabash railway 653 394 Safety gates, where, on New York, Chicago <6: St. Louis railroad 654 394 Safety gates, where, on Lake Shore & Michigan Southern railway 656 394 Gates attended by competent man 656 394 Violation of ordinance, penalty - 657 394 LOCUST STREET. Name of, changed to Bauer avenue 930 490-492 LOTTERIES AND LOTTERY TICKETS. Laws. Suppressing of, by police 107 169 LOANS. Laws. Common Council has power to borrow money tempo- rarily, limit of 30-32 118-119 INDEX TO LAWS AND OKDINANCES. LOCAL SEWERS. Section. Laws. Board of works may construct Drawings and specifications Notice of resolution 89 Remonstrance 89 Sealed bids 89 Main sewer 89 LUMBER YARDS. Laws. To regulate and prohibit within fire limits by ordinance 2'3 May regulate and license by ordinance 23 IM MAYOR. Laws. Pays certain fines to Home for Friendless Women. . 178 May commit women to Home for Friendless Women 172 Elected when, term of office 42 Powers conferred on by act 3 Power to call special meetings of Council 14 Presiding officer of Council 15 Executive and administrative authority vested in.. 41 Qualifications of 42 Vacancy in office, how filled 43 When Comptroller acts as 44 Duty to enforce ordinances 45 Annual report of, recommendations 45 Special meetings, fill vacancies 45 Responsible for good order 45 Suspends and removes officers 45 Signs bonds, contracts, licenses 45 Power to revoke licenses 45 Approves and vetoes ordinances 45 Appropriation ordinances, may approve in whole or part 45 Consults with heads of departments 45 Records of meetings of departments 45 Index— 4 577 Page. 160-161 160-161 160-161 160-161 160-161 160-161 106-115 106-115 203 201 122 100-101 104 104 122 122 123 123 123-126 123-126 123-12*6 123-126 123-126 123-126 123-126 123-126 123-126 123-126 123-126 578 INDEX TO LAWS AND ORDINANCES. MAYOR — Continued. Section. Appoints committee to examine accounts 45 Mayor shall be conservator of peace 45 Holds court when, jurisdiction 45 Rules of practice in Mayor’s court 45 Shall give bond 45 Fines collected by, payable to whom 45-178 Mayor to keep docket, fees submitted to 46 Mayor’s fees paid to Comptroller 46 What his record must contain in actions 49 Salary 51 Appoints heads of departments 53 Has full power in cases of emergency 99 A member of trustees, firemen’s pension fund.... 155 Ordinances. May inspect books of junk and second hand stores 582 May remit fines, discretion in 907 May order rubbish, etc., removed from streets and alleys 810 May order removal of vehicles, etc., in case of obstruction 814 May revoke license of an auctioneer, when 698 May designate certain streets for speeding 523 MALFEASANCE OF OFFICERS. Complaint of, filed where 901 Time for trial, how fixed 902 Charges, how tried 903 Officers suspended during trial 904 Two-thirds vote to establish guilt 905 MARKET. Laws. May regulate by ordinance 23 Ordinances. Can sell only to consumers on Harrison street . 616 Violation of ordinance, penalty 617 Public market, where 619 Time of market 620 Market master, duty of 621 Placing vehicles 621 Keeping and testing weights 621 Page. 123-126 123-126 123-126 123-126 123-126 123-126-203 126 126 127 128 129-130 165-166 190-191 376-377 481 452 453 409 363-364 479 479 479 479-480 480 106-115 385-386 386 387 387 387-388 387-388 387-388 INDEX TO LAWS AND OKDINANCES. 579 MARKET — Continued. Section. Page. To arrange stands 621 387-388 Price of stands, per diem 623 388 Occupant of, to clean stall 624 388 Wholesaling, prohibited 625 388-389 Grocers not allowed to buy 625 388-389 Wholesaling, when allowed 626 389 Standard weights and measurement 627 389 Market master to keep scales and weights 628 389 False weights use, unlawful 629 389 Size of measure 630 389 Unlawful to sell butter in rolls or lumps 631 389 Must be of specified weight 631 389 Market Master, prosecute when 632 389-390 Horses and vehicles, other than, hitched to 633 390 Market wagons, prohibited on 633 390 Market Master’s reports to Board of Safety 634 390 Clerk of Board to audit account of Market Master. 634 390 Violation of ordinance, penalty 635 390-391 Conditions upon which privileges sold 622 388 MARKET MASTER. Duty of 621 387-388 Assigns persons to stands unoccupied 621 387-388 To keep scales and weights 628 389 In what cases may prosecute 621-632 387-388-389-390 Reports to Board of Safety, when 634 390 Prescribes kind of stands, prosecutes offense 621 387-388 To sell stands when, give certificate to purchaser 621 387-388 MAIN STREET, WEST. Street railway on, width of track, where laid .... 332 261-262 Grade of tracks, pavement and repairing 334 262-2'63 Kind of rails to be used 335 263 Condition of repair, notice to, failure, penalty.... 336 263 Speed, regulation of 337 263-264 Right of way, who entitled to 338 264 Excavations by city, in tracks, permitted 339 264 Relaying tracks, duty as to 340 264 City indemnified 341 264 St. Mary’s river bridge, crossing . 342 264-265 Removing earth 343 265 Cuts and fills, who to make 344 265 580 INDEX TO LAWS AND ORDINANCES. MAIN STREET, WEST — Continued. Section. Page. Fare and transfers 345 265 Switches, kind 346 265 Bond for faithful performance 346A 266 Kind of poles to be used on, by Fort Wayne Street Railway Company 376 275-276 Double tracks on east, by Fort Wayne Street Rail- way Company 385 278 MARIE STREET. From St. Mary’s avenue to city limits, formerly Lake street 930 490-492 M’KEE STREET. From Hanna street to city limits, formerly Ninth street 930 490-492 MASTERSON AVENUE. From Hanna street to Calhoun st reet, formerly Charles and Masterson streets 930 490-492 MASTERSON STREET. Name of, changed to Masterson avenue 930 490-492 MAUMEE AVENUE. From Harmer street to city limits, formerly Mau- mee road 926 489-490 MAUMEE ROAD. Name of, changed to Maumee avenue 926 489-490 METZ STREET. Name of, changed to Nelson street 930 490-492 MEYER AVENUE. From Fairfield avenue to South Wayne avenue, formerly Crescent avenue 930 490-492 MILK DIVISION. Who consists of 730 420 Under charge of City Bacteriologist 731 420 Milk analyzed, record kept 731 420 Annual report filed with board of health 731 420 Assistants, appointment of 732 420-421 Assistants, to wear metal star 732 420-421 Police powers, extent of 732 420-421 INDEX TO LAWS AND OKDINANCES. S81 MILK DIVISION— Continued. Section. Page. Milk dealers license 733 421 Application, form of, fee, term 733 421 Vehicles used, kind 734 421-422 Milk, standard of 734 421-422 Skimmed milk, sold how 735 422 Buttermilk, sold how 736 422-423 Officers authorized to go where milk is kept to test 736 422-42'3 Adulteration or coloring, prohibited 737 423 Impure milk, sale of, prohibited 738 423-424 When milk may not be sold 739 424 Hotel and restaurant keepers subject to ordinance 740 424 Violation of ordinance, penalty 741 424 License revokes, when 741 424 Cow stables, examined by City Bacteriologist .... 742 224-225 MICHIGAN AVENUE. From Metz street to city limits, formerly Ida ave- nue 930 490-492 TV NEW YORK, CHICAGO & ST. LOUIS RAILROAD COMPANY. Contract of, with city of Fort Wayne 474 Grant, permission and privileges by said railroad company 475 Right to enter on right of way for certain purposes 476 How sewer constructed, on right of way 477 How much sewer opened at one time 478 Sewer to be forever maintained 479 Sewer not to interfere with right of way 479 Man holes, who to build and protect in certain cases 480 City to construct catch basins, where 481 Railroad to be held harmless from damages 482 Repair, city to keep in 483 Contract to be effective, when 483 NELSON STREET. From Taylor street to Wabash Railroad, formerly Metz street ’ 930 NIRDLINGER AVENUE. Changing name of, to Swinney avenue 924 350 351 351 351 351 351 352 352 352 352' 352 353 490-492 488-489 582 INDEX TO LAWS AND ORDINANCES. Section. Page. NINTH STREET. Name of, changed to McKee street 930 490-492 NIGHT SCHOOLS. Laws. May be maintained in cities and towns, when . . . 188 208 Who admitted to as pupils 189 208 NORTH STREET. Name of, changed to Fairmount Place 930 490-492 NUISANCES. Laws. City has power to declare by ordinance, what are. . 23 106-115 Ordinances. Cattle yards, how kept, penalty. 754 430 Slaughtering or rendering establishments 755 430 Permit granted by Board of Health 756 430-431 Bond required 756 430-431 Offal disposed of, how 757 431 Refuse not deposited or left in pond 758 431 Length of time allowed to remain 759 431 Rendering lard, manner of 760 431-432 Soap factories, not to be offensive 761 432 Green hides, not allowed on sidewalks 762 432 Livery or other stable yards to be kept clean. .. . 763 432 Carts used to haul offal, etc., how constructed .... 764 432 City Attorney to prosecute violations 765 432 Board of Health and police, power of 765 432 Notice given, abatement how made, penalty .... 767 433 Unsafe walls of buildings, constitute 768 434 o OCCUPATIONS. Laws. May be licensed, taxed and regulated by ordi- nance 23 106-115 OFFICERS. Laws. Interfering with 108 170 City officers, when elected, term of office 2 99-100 INDEX TO LAWS AND ORDINANCES. 583 OFFICERS— Continued. Section. Page. Powers conferred 3 100-101 Offices continued and what abolished 3 100-101 Pending proceedings commenced by what effect. . 3 100-101 Present officers to surrender all property to suc- cessor 3 100-101 Vacancies, mayor fills for unexpired term ...... 4 101 Notification of by City Clerk 5 101' Oath of office, where filed, bond when filed 6 101-102 Failure to file bond within ten days, proviso . . 6 101-102 Unlawful to have an interest in contract 7 102 Shall not purchase bonds, etc., gifts to 8 102-103 Requires two-third vote of council to impeach.... 28 117 Not provided for, how appointed 6 101-102* Ordinances. Resisting, unlawful 521 363 Personating, unlawful 548 367 Certain, to execute bonds to city 917 484-485 Malfeasance of, complaint filed where 901 479 OFFICE. Laws. No property, qualification necessary to hold .... 139 183 OFFENSES, WHAT ARE. Prostitutes wandering on streets 505 360-361 To practice trick, game, etc., to defraud 506 361 Disturbing peace by noise and disorder 507-508 361 Climbing on wagons and sleighs 509 361 Throwing hand bills, etc., on streets 510 361-362 Congregating in doorways and stairways 511 362 Attempting to pick pocket 512 362 Indecent plays 513 362 Begging 514 362 Kiteflying 515 362 Throwing stones on street 516 362 Cellar doors and grates, leaving open 517 362-363 Leaving animals on street without hitching 518 363 Collecting crowds on street 519 363 Defacing or tearing down printed notices 520 363 Resisting officer 521 363 Discharging firearms in city 522 363 584 INDEX TO LAWS AND ORDINANCEvS. OFFENSES, WHAT ARE— Continued. Section. Page. Rate of speed on street 523 363-364 Rate of speed in turning corners 524 364 Keeping swine within city 525 364 Hanging on fire apparatus 526 364 To build privy vaults of other than certain ma- terial 527 364 To blow police whistle 52'8 364 To go upon premises of another, without permis- sion 529 364 Injuring grass plats 530 364-365 Climbing on electric light towers 531 365 Putting up barb wire fence at certain places .... 532 365 Putting up signs and banners 533 365 Putting up signs wider or lower than a certain width or height 534 365 Putting out or lighting lights 535 365 Shoeing horses on streets 536 365 Permitting sidewalk to be out of repair 537 365 Excavating to lay pipes without permit 538 365 Connecting pipe to chimney, when 539 365 Placing hay, straw, etc., near fire 540 365-366 . Personating a fireman 541 366 Placing ashes in wooden vessels 542 366 Placing scaffolds over sidewalks, unless well sup- ported, penalty 543 366 Permitting chickens, turkeys and ducks to run at large 544 366 Maintaining chicken coops within certain limits . . 545 366 Breaking into funeral procession 547 366 Personating city officers 548 367 Hauling dirt or rubbish over paved streets, when 549 367 Hauling slop over paved streets, when 550 367 Loitering on street or public places 551 367 Sleeping on streets, cars, etc 552 367 Confidence men, crowding, etc 553 367 Gypsies camping within city 554 368 Watering diseased horses at public drinking foun- tains 615 385 Injuring public parks 589 379 Breaking quorum in common council 180 203-204 Unlawful to keep more than two bee hives on one lot 546 366 INDEX TO LAWS AND ORDINANCES. Section. OIL, GASOLINE, PETROLEUM. License for sale of, required 687 Fee to be paid 688 Time of license 688 Seller to use drip pans 688 Penalty for violating ordinance 689 ONEIDA STREET. Name of, changed to Swayne avenue 930 ORDINANCES. Laws. For all appropriations to originate in council . . 18 Signed by presiding officer and approved by mayor before it becomes effective 18 Passage of ordinance 18 Passing by unanimous consent 19 Penal ordinances to be published, exceptions 20 Revision of ordinances 20 Enrollment of, record of, approval 21 Recording, presumptive evidence, passage of 22 Power to pass, to provide a corp orate seal, fix salaries 23 To protect property, punish contempts, to take census 23 Of city, to receive gifts and bequests 23 May pass, declaring nuisances and abatement of. . 23 To regulate itinerant performances in street 23 For purification of water and water courses 23 To regulate starch, bone and soap factories, etc.. . 2'3 To prevent or regulate use of fire arms or fire- works 23 To regulate or prohibit' stock running at large.... 23 To regulate removal of slop and garbage 23 To compel cleaning out of buildings, etc 23 To regulate storage of gun powder or other ex- plosive 23 To regulate the location and' management of ceme- teries 23 Power to establish quarantine regulations by 23 Power to regulate or prohibit steam whistle, by . . 23 585 Page, 405 405 405 405 405 490-492 104-105 104-105 104- 105 105 105 105 105- 106 106 106- 115 106-115 106-115 106-115 10 M15 106-115 106-115 106-115 106-115 106-115 106-115 106-115 106-115 106-115 106-115 586 INDEX TO LAWS AND ORDINANCES. ORDINANCES— Continued. Section. Page. Power to regulate location, etc., of public market by 23 106-115 Power to regulate and require reports of births and deaths, by 23 106-115 Power to authorize inspection of meat, vegetables, by 23 106-115 To regulate the selling, weighing and measuring wood, coal, etc 23 106 To regulate inspection of steam boilers 23 106-115 To define fire limits 23 106-115 To authorize inspection of buildings 23 106-115 To authorize license revoked for building 23 106-115 Ordinances. Record and proof of publication 932 495 Take effect 933 495 Repeal 934 495-496 Prosecutor to elect 935 496 How construed 937 496 Gender and number 937 496 Time of notice 938 496 Penalty 939 496 F PAVEMENT. When washing of, is prohibited 852 462 PARKS. Laws. May change name by ordinance 23 106-115 Ordinances. Park presented by Henry M. Williams 942' 499 Injuring, unlawful, penalty 589 405 PARTY WALLS. Laws. May regulate the building of, by ordinance 23 106-115 Ordinances. Viewers appointed to estimate value ' 484 353 Notice of meeting to view 485 353-354 Service of notice 486 354 Non-residents, publication 487 354 INDEX TO DAWS AND ORDINANCEvS. 587 PARTY WALLS— Continued. Section. Pa.s?e. Meeting of reviewers 488 354 Walls, how located, use of same 489 354-355 Costs divided, how and when 489 355 Viewers, how paid 490 355 How constructed within fire limits 804 449-450 PARK STREET. Name of changed to Anna street 940 490-492 PARK AVENUE. Name of, changed to Georgia avenue 930 490-492 PARENTAL HOMES. Laws. For truant and incorrigible children, by whom established and for what purposes 217 223 PEDDLERS AND HAWKERS. Laws. May regulate, tax and license by ordinance 23 106-115 Ordinances. License required 690 406 Fee required to sell from vehicles 691 406 Drawn by animal power or propelled by hand.. 690 406 Term of license 691 406 License not transferable 692 406 Number of license and name of owner, to be on wagon 693 406-407 Owner to carry license with him 693 406-407 License does not authorize market privileges .... 694 407 To sell at wholesale only, except on orders re- ceived 694 407 Does not apply to farmers 694 407 Selling unwholesome articles, license revoked . . . 695 408 Penalty for violating ordinance 695 408 PERSONAL PROPERTY. Sale of belonging to city 896 475-477 Inventory of, how made 896 475 Appraisement, how made 896 475 Mayor to submit inventory to Council 896 475 Sale of, how made 896 475 Voucher given 896 475 Appraisers’ fees 897 477 588 INDKX TO LAWS AND OFDINANCES. Section. Page PERSONATING. City officers, unlawful 548 367 PETROLEUM. Storage of, quantity kept 595 381 Not to be drawn or handled by lamp 597 382 Violation of ordinance, penalty 598 382 License for sale required 687 405 Storage, where not kept 596 381-382 PENN STREET. Name of, changed to Winch street, when 926 489-490 From Walton avenue to Alligar street, formerly Eliza street 926 489-490 PEACE. Laws. Preserving, may be required by ordinance 23 106-115 PEST HOUSES. Laws. May be regulated by ordinance 23 106-115 PENALTIES. Laws. May be imposed for violation of ordinance 2'4 115 PICK POCKET. Unlawful to attempt to 512 362 PLUMBERS, GAS FITTERS, ETC. License, bond 682 403 Application for licenses, bond 683 403-404 Permit to open streets, guard excavations 683 403-404 Extent of liability on bond 683 403-404 Comptroller issues license 684 404 Term of license 685 404 Violation of ordinance, penalty 686 404 PLUM STREET. Double track on, by Fort Wayne Street Railway Company 385 278 POLICE. Laws. Duty of police force 102-106 166-167 INDEX TO DAWS AND ORDINANCES. 589 POLICE — Continued. Section. Page. Powers of superintendent and captain, searching premises 106 168 May suppress gambling, lotteries, sale of lottery tickets 23 106-115 Duties in case of arrests 108 169-170 Arrests and bonds, detention 108 169-170 Interfering with officer, penalty 108 169-170 Power to make rules and regulations 109 170 Police and firemen’s insurance fund 110 170 Conviction of members of, punishment 101 166 Powers and duties of, in serving process 102 166 Arrest without warrant, when 102 166 Exclusive power, where 102 166 Convey prisoners, where 103 167 Commissioners may detail regular or special po- licemen or firemen, when 104 167-168 Duties of special officers 104 167-168 Removal of special officers 104 167-168 Commissioners may detail for health department. .. 104 167-168 Term of service of, removal 100 166 By whom appointed 99 165-166 Appointment and removal of ; 100 166 Ordinances. May inspect books of junk shops, second hand stores 582 376-377 Right to enter premises in what case 778 437 May order teams or vehicles removed from streets when 814 453 Duty to take notes in defects in sidewalks 851 462 Duty to report accidents in certain cases to City Attorney 851 462 Peddlers and hawkers must show license to 693 406-407 To ascertain from time to time, violations of ordi- nances relating to nuisances 777 437 Arrest persons rioting, etc., on Sunday and nights 508 361 To arrest persons violating curfew law 592 380 POLES. Unlawful to erect without a permit or franchise from the council 585 377-378 Penalty for violation of ordinance 586 378 590 INDEX TO EAWvS AND OEDINANCEvS. POLES — Continued. Section. Page. License must be obtained from Comptroller 703 412 Statement to be filed yearly as to number of poles 704 412 Chart showing location of poles, to be filed .... 705 412-413 Board may remove unlicensed poles 706 413 Application to maintain made each year 707 413 Fee for license 708 413 Power of Comptroller to examine books 709 413 Violation of ordinance, penalty 710 413 POSTERS. Destroying, penalty 72’5 419 POUND MASTER. Board of Public Works to appoint 556 368-369 Duties of pound master. 557 369 Unlawful to interfere with 559 370 POOLS AND BILLIARD TABLE. Cannot operate in city without license 700 411 License required to operate 701 411'-412 Fee, how paid 701 411-412 Penalty for violation of ordinance 702 412 POLICE WHISTLE. Unlawful for other persons than police to blow. . 528 364 PONDS, HOLES AND EXCAVATIONS. Ordinance providing for filling of 787 441 Condition of declared by resolution 787 441 Notice given, publication 787 441 Failure to fill by owner 788 441-442 Estimate of cost to fill made by Board of Works 788 441-442 Cost of filling, a lien on lot or land 788 441-442 Maintaining pond or hole unlawful 789 442 Notice to fill, upon whom served 789 442 Violation of ordinance, penalty 789 442 Ordinances. Established within city limits 556 368-369 POUNDS. Laws. May regulate by ordinance." 23 106-115 INDEX TO LAWS AND OKDINANCES. 591 Section. Page. POPLAR STREET. From Hoagland avenue to Fairfield avenue, form- erly Duryea street 930 490-492 PRITCHARD STREET. Name changed to Lavina street 930 490-492 PRINTING, PUBLIC. Shall bear union label 912 483 City advertising to be let to print shops employing union labor 913 483 Bids for public printing, contract, how let 914 483 PRIVIES. Who shall furnish 872 468 How constructed 527 364 Failure to furnish, notice to whom 873 468 When a nuisance 874 468 Who liable for maintaining 874 468 Contents of, where deposited 875 469 To what houses does not apply 87G 469 PROSTITUTES. Wandering on streets unlawful 505 360-361 PRISONS. Laws. Incorporated cities and towns may erect therein . . 142 184 Who to be imprisoned therein 142 184 PRECINCT. Laws. What constitutes 140 183 How changed .. 140 183 PRISONERS. Laws. Length of time confined 50 127-12'8 Worked on street 50 PROPERTY, CITY. Laws. 127-128 Mav authorize alienation bv ordinance 23 106-115 May authorize alienation by ordinance 592 INDEX TO LAWS AND ORDINANCES. Section. Page. PUBLIC LIBRARY. Laws. May be establish in cities and incorporated towns. 220 22'4 Tax may be levied to maintain 221 224 City may hold real estate for benefit of 222 224 School trustees may pay for real estate out of school fund 223 2’25 When open 224 225 PUBLIC HALLS. Ingress or exit doors not to be locked or fastened during show or entertainment 606 383 Penalty for violation of ordinance 607 384 PUBLIC PLACES. Laws. May close by ordinance, when 23 115 PUBLIC HEALTH. Contagious diseases, quarantine authorized 743 425 People may be detained when exposed to conta- gious disease 744 425-426 Use of certain buildings discontinued 745 426 Sale of rags prohibited, when 746 426-427 Sick room, when disinfected 746 426-427 Cards put up, unlawful to remove 746 426-427 Powers of Board of Health defined 747 427 Violation of ordinance, penalty 748 42'7 Removal of unwholesome substances from houses 774 436-437 Owners to keep vaults and cellars clean 774 436-437 Disinfecting houses, in what cases 775 437 Vessels in sick room, disinfected 776 437 Police officers to inspect and enforce ordinances. 777 437 Board of Health and police officers right to enter houses, when 778 437 Persons failing to remove manure, etc., penalty . . 753 429 Board of Health may cause receptacles containing filth to be cleaned 752 429 Use of wells condemned, forbidden 750 428 Watering at public drinking fountains, forbidden in certain cases 615 385 INDEX TO LAWS AND ORDINANCES. Section. 593 Page. QUARANTINE. Laws. Ordinances. R Laws. Speed of trains, regulation by ordinance May require fencing, cattle guards, etc May require flagmen May require to change grade and crossings Culverts, must build Gutters, must build Must obtain permission to lay or remove track . . Actions against by city, service on whom Ordinances. Must erect gates at street crossings Hanging lamps at crossings, when Failure to comply with, ordinance, penalty Duty of Railroad Company to pave crossings .... How paved Notice served on railroads to pave Penalty for not paving Unlawful to lay down railroad track without per- mission Penalty How arrest shall be made RATE OF SPEED. Laws. May regulate by ordinance Ordinances. On streets In turning corners REAL ESTATE, CONDEMNATION OF. For public purposes, damages, how paid Abstract of title, to be furnished City Attorney to bring suit Index — .5 23 106-115 743 425 23 106-115 23 108-115 23 106-115 . 23 106-115 23 106-115 23 106-115 23 106-115 48 127 816 453 658 395 659 395 943 500 944 500 945 500 946 500-50^ 947 501 948 501 949 501 23 106-115 523 363-364 524 364 893 473-474 893 473-474 893 473-474 594 INDEX TO LAWS AND ORDINANCES. REUSS AVENUE. Section. Page. Established from Spy Run, west through Northside Park to Clinton street 927 490 Heavy traffic on, prohibited 92'8 490 Penalty for violation of ordinance 929 490 RED LIGHTS. When and where placed 825 455 To whom it applies 82 S 455 How placed 827 455-456 RUNNERS. Laws. May regulate, at railroad stations, by ordinance . . 23 106-115 SALOONS. Rooms where liquor sold, regulated 496 357-358 Open on Sunday, prohibited 497 358 Screens to be raised during certain hours 498 358 Screens to be raised on Sunday 499 358 Violation of ordinance, penalty 500 359 SAMUEL STREET. Name changed to Buchanan street 920 487 SALIMONIE MINING AND GAS COMPANY. Franchise to, granted 431 325 Extent of permission and grant 431 325 Purpose of grant 431 325 Bonds, condition 432 326 Not to interfere with water, gas or sewer pipe . . 432 326 Will restore all excavations made in streets, etc. . 432 326 Will remove all rubbish from off streets 432 326 Will reimburse city for all money to be expended in repairing streets, etc 432 327 To indemnify city against certain judgments 432 327 Amount of pipe to be laid first year 432’ 327 To renew bond, when 433 328 When pipe to be laid when practicable 434 328 To remove pipe to enable city to make improve- ments 435 328 All sidewalks, cross-walks, disturbed to be re- placed. how 436 328 INDEX TO LAWS AND OKDINANCEvS. Section. SALiMONIE MINING AND GAS COM PAN Y— Continued. Repairs made by this company, how prosecuted . . 437 Kind of material used in construction and repair. . 437A Engineer’s duty 437B Escape of gas, how prevented by company 437C Price charged for gas to consumers 437D When company may discontinue the use of gas to consumers 438 Council given the power to revise prices in ten years 438 Written acceptance to be filed by company 440 Violation, penalty 441 To manufacture and sell artificial gas 442 When ordinance to go into effect 443 SANITARIAN, CITY. Laws- Appointment of and duties 134 SCALES, PUBLIC. Laws. May regulate and license by ordinance 23 SCHOOL TRUSTEES. Laws. May compel truant and incorrigible children to attend “Parental Home” 217 File with County Auditor, list of children aided .. 216 May pay for real estate for public library out of school fund 223 Common Council shall elect, organization, etc.... 182 Duties of 183 Shall keep a record, duty as to revenue 184 Annual statement 185 General duties 186 Kindergarten established by, when, expenses of, etc 187 Night schools maintained when, who admitted 188-189 Power to elect superintendent and prescribe duties 193 Surplus special school revenue, when turned over to Council 206 May levy special taxes to build, repair and furnish 595 Page. 329 329 329 330 330 332 332 332 333 333 333 181 106-115 223 222-223 229-230 204- 205 205- 206 2'06-207 207 207 207-208 208 209 218 590 INDEX TO LAWS AND ORDINANCES. SCHOOL TRUSTEES— Continued. Section. school houses 204 May levy local tax for tuition 197 Shall take enumeration, when, how taken 199 Enumeration, duties of 199 Proceeds of sale of bonds, paid to in what cases.. 203 Authorized to levy special tax, when 218-196 Shall not build or purchase ground for school pur- poses before filing statement with council show- ing necessity, etc 205 May organize colored children in separate schools 207 Teachers, employment and dismissal 209 Ordinances. When to make report 964-967 Report to Council, what to contain 964 To make special reports when directed 9 5 Penalty for violation of ordinance 966 SCHOLES STREET. Name of, changed to Sinclair street 930 SCHOOLS. Laws. Record of revenue of, kept by trustees of 184 Grades may be established by trustees of 187 Kindergarten may be established 187 Night schools maintained, when 188 Who admitted to night schools 189 Alcoholic drinks, effect of taught in 190 Examination of teacher for 191 Teachers of, dismissed for neglect of duty, when... 192 Superintendents, employment of 193 Surplus special revenues of, how applied 194 Special revenue of things legalized as to 195 Special tax may be levied for building, apparatus, etc 196 Local tax for tuition for, may be levied 197 Enumeration, how taken, by whom and duties ... 199 Transfers of pupils t’o 200 Payments of transfers to 201 Bonds for school buildings may be issued 202 Surplus special school revenue, how applied 206 Page. 216-217 211 212-214 212-214 216 223-210 217- 218 218- 219 219 505-506-507 505-506 506 506 491 206- 207 207- 208 207- 208 208 208 208- 209 209 209 209 209- 210 210 210 211 212-214 214 214- 215 215- 216 218 INDEX TO LAWS AND ORDINANCES. 59 SCHOOLS — Continued. Section. Pag^e. Colored children, separate schools for 207 218-219 Branches taught in 208 219 Teachers of, emploj^ment of and dismissal 209 219-220 Title of school property 210 220 Annexation of territory containing school property 211 220 SECOND HAND STORES. Laws. May regulate and license by ordinance 23 106-115 Ordinances. License required 577 375 Penalty, for failure to get 577 375 Comptroller grants permit 578 375-376 Bond required 578 375-376 Period of permit 579 376 Register of permit kept by comptroller 580 376 License to keep record of goods bought 581 376 Record, how kept 581 376 Failure to keep record, penalty 581 376 Record open to inspection of mayor and police . . 582 376-377 Cannot buy from minors 583 377 Violation of ordinance, penalty 584 377 SEAL OF CITY. Laws. Council may pass ordinance to provide 23 106-115 Ordinances. Established, what to consist of 916 484 SEWERS. Laws. Assessm.ent rolls of. duties of Comptroller and Treasurer 92 162 Map of sewer, specifications, notice of resolution. . 89 160-161 Hearing of resolution for, remonstrance 89 160-161 Notice to contractor 89 1* 0-161 Local sewer, cost of 90 161-162 Main sewer, cost of, how apportioned 91 162 Local sewers, drawings and specifications 89 160-161 Notice of resolution, remonstrance ... 89 160-161 Sealed bids, main sewer 89 160-161 598 INDEX TO LAWS AND ORDINANCES. SEWERS — Continiiecl. Section. Page. May regulate connections to, by ordinance 23 108-115 Board of Public Works may order the construction of local sewer 89 160-161 Drawings and specifications for local sewer 89 160-161 Notice of resolution for local 89 160-161 Remonstrance 89 160-161 Sealed bids for 89 160-161 Main sewer 89 160-161 Ordinances. Tapping under directions of Board of Works 660 396 Penalty for tapping contrary to provisions 661 396-397 Taps to be made by licensed sewer builder 662 396-397 Permit to tap received from whom 662 396-397 Application for permit, what to contain 662 396-397 Excavations, how made 663 397 Kind of material used 664 397 Inclinations of drains allowed 665 397 Connections provided with trap 666 397-398 Gate valves used to protect premises 667 398 Disturbing old drains or pipes 668 398 Parties not assessed must pay to tap 669 398 License granted to whom 670 398-399 Fee required 670 398-399 Comptroller to keep record of licenses 670 398-399 Board of works may revoke license, when 671 399-400 Garbage not to be thrown into 672 400 Not to injure or obstruct drains 673 400 Examination of applicant for fitness, bond 670 398-399 Not to connect until completed 674 400 Penalty for violating ordinance 675 400 Flushing, license required for, fee, bond 676-677 401 Regulation of work 678 401 Penalty for violation 679 401-402’ SECOND STREET. From Wells street to Barthold’s addition, form*erly Bowser street 922 488 SHOWS. Prohibited from parading certain animals, where . . 587 378 Bond required 587 378 Penalty for violation of ordinance 588 378-379 INDEX TO LAWS AND ORDINANCES. 599 Section. Page. SHOOTING GALLERIES. Unlawful without license 718 416 Granted by Comptroller, upon application 719 416-418 Fee for license required 719 416-418 Term of license 721 418 License not transferable 721 418 License subject to ordinances of city 722 418 :\Iayor may refuse to issue 722 418 What provision, license to contain 723 418 Penalty for violating provisions 723 418 SHAWNEE AVENUE. Name of, changed to Fox avenue 930 490-492 SIDEWALKS. Laws. 7\Iay regulate the use of by ordinance 23 106-115 Ordinances. On certain streets, how constructed * 839 458-459 Grades for, to be given by City Engineer 840 459 Building without grade, penalty 840 459 Cellar doors, not to project above 841 459 Placing goods on, unlawful 843 460 Auctions on, unlawful 844 460 Riding or driving on, unlawful 845 460-461 Cross walks, to be kept clean 846 461 Placing building material on, unlawful 847 461 Policemen to report defects in ... 851 462 Snow and ice to be removed 853 462 Accidents reported by policemen 854 462 How constructed as to slope, projection, etc 855 462-463 Inflammable material and boilers under, prohibited 856 463 Owners notified to repair 857 463 Windows and porches projecting, unlawful 858 463 Pots, jars and boxes on windows of second story, unlawful 859 463 Splitting wood on, unlawful 860 464 Water pipes across, unlawful 861 464 Scaling fish on, unlawful 862 464 Throwing stones on, prohibited 568 372 Cutting in cement walk, prohibited 569 372 Penalty for violation of ordinance 570-8 ’3 373-464 600 INDEX TO LAWS AND OKDINANCES. SIDEWALKS — Continued. Section. Page. Opening of prohibited, only by plumber or gas fitter 870 467 Green hides, not to be kept on 763 432 Unlawful to permit to become or remain out of re- pair 537 365 Scaffolds over for buildings, how constructed, pen- alty 543 366 SIGNS AND BANNERS. Laws. May prohibit or regulate flying, on streets, by or- dinance 23 103-115 Ordinances. Unlawful to string on streets for advertising .... 533 365 Width of signs over sidewalks 534 365 SINCLAIR STREET. From St. Mary’s avenue east, formerly Scholes street 930 490-492 SINKING FUND. Laws. Common Council shall provide for payment of bonds and interest 147 186-187 Surplus of, where applied 147 186-187 For payment of bonds and interest of refunding bonds 147 186-187 SLAUGHTERING HOUSES. T.,ocation of, within certain limits 768 434 Penalty for violation of ordinance 769 434 Rendering lard, tallow, offal, dead riUimals. etc . . . 755 430 Permit Board of Health, penalty 756 430-431 SLEIGHS. Climbing on, unlawful 509 361 SMOKE STACKS. Laws. Construction of, may be regulated by ordinance . . 23 106-115 Ordinances, How constructed 784 440 Violation of ordinance, penalty 785 440 Repeated violation, penalty 786 440-441 INDEX TO LAWS AND OKDINNACES. Section. Page. SMALL POX. Regulation of (5£’£’ Public Health) 747 427 Powers of Board of Health in cases of 747 427 SOUTH WAYNE. Ordinance annexing same to city 906 480-481 SPRINKLING CARTS. How constructed 830 456-457 SPRINKLING. On cross walks, prohibited S31 457 On street crossings, prohibited 567 372 Laws. Board of Public Works, shall order specifications for 93 163 Costs, assessment of 94 163 City not liable 94 163 SPY RUN AVENUE. Franchise on^ for double track (.SVr Ccntlrcrc Street Raihvay Company) 405 284 SPRINKLING AND SWEEPING. Laws. Board of Public Works prepares specifications for ^ 93 163 Notice to contractors 93 163 Costs for, assessment of, city not liable, cost how paid 94 163 Duties of Comptroller and Treasurer 95 163-164 Assessments, when payable 95 163-164 Payments installments, not allowed 95 163-164 SPEED. Laws. May regulate on streets, by ordinance 23 106-115 Ordinances. Rate of on streets 523 363-364 On turning corners 524 364 STREET CARS. To be equipped with fenders 908 481-482 Design of, to be approved by Board of Works .... 909 482 602 INDEX TO LAWS AND ORDINANCES. STREET CARS — Continued. Section. Page. Penalty for violating ordinance 910 482 Persons prohibited from going upon fenders, pen- alty 911 482 STREETS AND ALLEYS. Ordinances. Unlawful to obstruct with building material 808 451-452 Unlawful to obstruct with chips, shrubbery, etc. . . 809 452 Obstruction ordered removed, when and by whom. penalty 810 452 Unhitched vehicles, left in, unlawful 811 452 Feeding animals in, unlawful 812 452 Erecting building in or upon, unlawful 813 452-453 Notice to owner to remove S13 452-453 Obstruction by teams, how regulated 814 453 Railroad gates at crossings 816 453 Width of wagon tires to be used on 817 453-454 Preparing building material on, unlawful 818 454 Driving cattle over, how many 819 454 Protecting new streets, how 820 454 Extent of street closed in repairing or building . . 821 454 Exhibiting animals on, for sale, prohibited 822 454 Private lamp post on, protected 823 454-455 Drinking fountains may be erected on 824 455 Laying pipes and paving streets, how public 825 455 Protected from injury 825 455 Barricades and red lights, to whom applies 825 455 Red lights and barricades, how placed 827 455-456 In building streets 827 455-456 In building sewers 827 455-456 In building vaults 827 455-456 Building material on, how placed 827 455-456 For obstructing, who answerable in damages 828 456 Auctions on, prohibited 844 460 Herding cattle on, unlawful 829 456 Sprinkling carts, how constructed. 830 451-457 Sprinkling on cross streets 831 457 Penalty for violation of ordinance 832 457 Burning of leaves on, prohibited 574 374 Sprinkling crossings, prohibited 574 374 Propelling traction and other engines, over 573 373-374 INDEX TO DAWS AND ORDINANCES. ()03 STREETS AND ALLEYS — Continued Section. Paj-e. Engine tires on wheels must be smooth 513 373-374 Unlawful to haul dirt or rubbish over paved or macadamized 549 367 Unlawful to haul slops over 550 367 Unlawful to loiter on 551 367 Nirdlinger avenue, name of, changed to Swinney avenue 5134 488-489 Grace street, changed to Esmond street 930 490-492 Grand street, changed to Thayer street 930 490-492 Shawnee avenue and Fox street changed to Fox avenue 930 490-492 Pritchard street, changed to Lavina street 930 490-492 Duryea street to Poplar street 930 490-492 Charles street, part of, changed to Masterson ave- nue 930 490-492 Colerick street to Dawson street 930 490-492 Allen street to Woodland avenue 930 490-492 Crescent avenue changed to Meyer avenue 930 490-492 Metz street changed to Nelson street 930 490-492 Trentman avenue changed to Kinnaird avenue .... 930 490-492 Griffith street changed to Fairfield avenue 930 490-492 Oneida street changed to Swayne treet 930 490-492 Imcust street changed to Bauer avenue 930 490-492 Lake street changed to Marie street 930 490-492 Ida avenue changed to Michigan avenue 930 490-492 Edsall street changed to Union street 930 490-492 Washington street changed to Washington boule- vard 930 490-492 North street changed to Fairmount place 930 490-492 Anna street change^’ to Ferguson street 930 490-492 Park street changed to Anna street 930 490-492 Park avenue changed to Georgia avenue 930 490-492 Ninth street changed to McKee street 930 490-492 Tenth street changed to Colerick street 930 490-492 Scholes street changed to Sinclair street 930 490-492 Chicago street changed to Brooklyn avenue 923 488 Bowser street changed to Second street 922' 488 Thomasetta street changed to Hurd street 921 487-488 Julia street changed to Hurd street 921 487-488 Samuel street changed to Buchanan street 920 487 Alligar street changed to Grant avenue 926 489-490 604 INDEX TO EA.WS AND ORDINANCES. STREETS AND ALLEYS— Continued Section. Pa^-e. Winch street changed to Wabash avenue 926 489-490 Maumee road changed to Maumee avenue 926 489-490 Penn street changed to Winch street 926 489-490 Hugh street changed to Alligar street 926 489-490 Eliza street changed to Penn street 926 489-490 Hamilton street changed to Wallace street, when.. 919 487 Reuss avenue opened 927 490 Rubbish removed from, who may order 810 452 .lennison street changed to Fisher 921 487-488 Laws. Regulating speed on, by ordinance 23 106-115 Regulating bridges, culverts, etc., by ordinance . . 23 106-115 Trenches, regulated by ordinance 23 106-115 Regulate use of sidewalks by ordinance 23 10.-115 Throwing of sweepings on, regulated by ordinance 23 106-115 Signs, awnings, etc., regulated by ordinance 23 106-115 Hand bills, regulation of by ordinance 23 106-115 To regulate and prevent flying of flags and ban- ners 2’3 106-115 Regulate numbering of houses by ordinance 23 106-115 To change the name of streets and parks 23 106-115 To regulate sewer connections, by ordinance 23 106-115 To enforce collection for making sewer connec- tions 23 106T15 May regulate use of by vehicles, by ordinance . . 23 106-115 May close, by ordinance 23 106-115 STREET IMPROVEMENTS. Laws. Resolution for, contracts, notice of resolution ... 77 147-148 Remonstrance against, two-third vote required . . 77 147-148 Advertising for bids, selection of materials 77 147-148 Two-third vote to reverse Board as to material . . 77 147-148 Cost of improvement, how estimated 78 148-149 To be assessed according to benefits 78 148-149 City to pay street crossings 78 148-149 Tflens include what, priority of 79 149 City to pay what portion 79 149 Property entitled to credit when 79 149 May pay assessments in installments 80 149-150 Assessment roll, how made 81 150-151 INDEX TO LAWvS AND ORDINANCES. f)05 STREET I M PROVE M ENTS— Continued. Duplicate of assessments to be delivered to Coin]) Prepayment of assessments Extend delinquents on tax duplicate Bonds for may be issued to contractor No defense allowed against bonds, for Bonds negotiable as bills of exchange One default matures all installments Suit may be brought, attorney’s fees STREET RAILWAYS. Franchise on West Main street, Broadway to city limits (See Main street) 332 Franchise on Broadway, .Jefferson to Creighton ave- nue (See Broadzvay) 304 Franchise on Creighton, Broadway to Fairfield ave- nue (See Creighton avenue) . 304 Section. Page, . SI 150-151 . 81 150-151 . 82 151-152 ) . 82 151-152 . 82 151-152 (No 152 . S3 152 83 152 . 84 152-153 . 84 152-153 85 153-159 85 153-159 . 85 153-159 . 85 153-159 . 85 153-159 . 85 153-159 . 85 153-159 85 153-159 . 85 153-159 . 85 153-159 . 85 153-159 85 153-159 .. 85 153-159 .. 85 153-159 . 85 153-159 . 85 153-159 .. 85 153-159 .. 85 153-159 . 85 153-159 . 86 159 . 86 159 261-262 252 606 INDEX TO LAWS AND ORDINANCEvS. STREET RAILWAYS— Continued. Section. Franchise on .Jefferson street to Harmer street (See Jefferson street) 263 Franchise on Washington street, Harmer to Glas- gow avenue {See Washington street) 263 Franchise on Calhoun street, Main to Superior street {See Calhoun street) 290 Franchise on Superior street, Calhoun to Wells street (5'rc Superior street) 290 Franchise on Wells street, Superior to Cass street (,SVr U'^ells street) 290 Franchise on Third street, Cass to Wells, {See Third)) See Fort Wayne Street Railway Company as to use of electricity for motive power 374 See Fort Wayne Street Railway Company right to lay double tracks on certain streets 421-426 Franchise to Fort Wayne Electric Company on Lewis street {See Lezvis street) 421 Franchise to C. L. Centlivre on Superior street and Spy Run avenue ((.S>r Centliz’re Street Rail- zvay Company) 405 Double track on Broadway, Main to Washington street {See Broadzvay) 426 Franchise to Fort Wayne Street Railway Company on Clinton and I^ewis streets {See Lezvis street) 388 Franchise to Fort Wayne Street Railway Company on Wells street (5'rr Wells street) 418 Franchise to R. T. McDonald on C olumbia street and Columbia avenue {See Columbia street) .... 355 Franchise to Fort Wayne Street Railway Company on Wallace, .John and Creighton avenue {See IVallace street) 319 Franchise to Citizens’ Street Railway Company {See Citis;ens' Street Railzvay Company) 249 Right to lay double track on Calhoun street {See Calhoun street) 279 STREET SPRINKLERS. Use of prohibited during time of fire 618 SUPERIOR STREET. Double track on {See C. L. Centliz're Street Railzvay Company) 405 Page. 240-241 240-241 240-241 240-241 240-2’41 374-375 290-291 290 284 291 279 288-289 268 257-258 z37 244-245 386 284 INDEX TO LAWS AND OKDINANCES. ()0 SUPERIOR STREET— Continued. Section. Citizens’ Street Railway Company franchise on {See Calhoun franchise) : 290 Double tracks on by Fort Wayne Street Railway Company 385 Franchise to C. L. Centlivre for street railway . . 266 Pavement, extent of 268 Repairing when 268 Rails, kind 269 Condition of repair, notice, failure, penalty 270 Speed, regulation of 271 Right of way, who has 272 Excavations by city 273 Repairs, street, how left 274 City indemnified 275 Bond 276 Conditions of ordinance 277 SUPERINTENDENT OF POLICE. Laws. Powers of, in searching premises 106 Suppress gambling, lotteries, sale of lottery tickets 106 Power to administer oaths in certain cases 105 Subordinate to orders of Mayor, when 99 Has exclusive control of police and fire forces... 99 Appointment of 99 Ordinances. May order rubbish, etc., removed from streets and alleys 810 May order removal of vehicles and teams from street, when 814 SWINE. Unlawful to keep within city limits 525 SWINNEY AVENUE. Xirdlinger avenue changed to 924 SWEEPINGS. Laws. May regulate depositing of, on streets, by ordi- nance 23 Board of Public Works may order specification for 93 Cost how paid 94 Page. 248 278 241 242 242 242 242-243 243 243 243 244 244 244 244 168-169 168-169 168 165-166 165-166 165-166 452 453 364 488-489 106-115 163 163 608 INDEX TO LAWS AND ORDINANCES. Section. SWAYNE STREET. From Shawnee avenue to South Wayne avenue, formerly Oneida 930 nr TAXES. Laws. Levy of for compulsory education act 212 Levy of for public library purposes 221 County Treasurer pay delinquent school taxes to Board of School Trustees 127 Delinquent list, auditor makes, penalty and inter- est 129 Enforcement of payment, kind of notice 130 Enforcing bids on tax sales, treasurer’s guaranty, how 131 Tax certificates, issuing of, redemption, quieting title 132 Interest and penalties collected 132 County Treasurer to settle city taxes with Auditor 124 County Treasurer to pay school taxes to Board of School Trustees 128 Delinquent list, what it must show 126 Treasurer to make settlement with Auditor of all delinquent city and school taxes 127 Comptroller to certify levy to Auditor 120 County Treasurer to collect all city taxes 123 Levy and sale of property 123 Special taxes, how collected, receipts and licenses 115 Assessments for, how made 117 Council to levy tax, amount of levy 29-119 Failure to fix levy by Council, former levy con- tinued 36 TAXES, CITY. County Auditor authorized to refund, when 900 Statement by Auditor to council, when 900 TERRACES. Along sidewalks, to be sodded 894 Penalty for violation of ordinance 895 Page. 490-492 220-221 219 178 178- 179 179 179- 180 180 180 176- 177 178 177- 178 178 174-175 176 176 172' 173 117-118-174 119 478-479 478-479 474-475 475 INDEX TO DAWS AND OKDINANCK.S. 609 Section. Page. TENEMENT HOUSES AND FACTORIES. Shall be furnished with privies 872 468 Vault, how constructed, water tight 872 468 Notice by Board of Health, to whom 873 468 To what houses does not apply 876 469 TENTH STREET. Name of, changed to Colerick street 930 490-492 TELEGRAPH. See Home Telephone and Telegraph Company . . 456 342 See Fort Wayne District Telephone and telegraph company 455 339 TELEPHONE. See Home Telephone and Telegraph Company .... 456 342 See Fort Wayne District Telephone and Telegraph Company 455 339 THIRD STREET. Citizens Street Railway Company, franchise (Wcc Calhoun franchise) ..290 248-249 THROWING STONES. Throwing stones or other missies in streets, unlaw- ful 516 362 THEATRICAL PERFORMANCES AND SHOWS. Laws. May pass ordinance to license 23 106-115 Ordinances. License required for 718 416 License issued by Comptroller upon application... 719 416-418 Fees for license 719 416-418 Lectures or scientific subjects and arts, excepted. 720 418 Term of license 721 418 License not transferable 721 418 License subject to city ordinances 722 418 Mayor may refuse to issue license 722 418 Provisions of license 723 418 Penalty for violating provisions 723 418 Places where prohibited, penalty 72'4 418-419 T.obbies and aisles to be kept clear 726 419 610 INDEX TO LAWS AND ORDINANCES. Section. Page. THEATRICAL PERFORMANCES AND SHOWS— Continued. Duty of police, penalty 726 419 Standing in lobby or entrance, prohibited, penalty. . 727 419 Record of license kept by Comptroller 728 419 Penalty for violating ordinance 729 419 THOMASETTA STREET. Name of changed to Hurd street 921 487-488 THAYER STREET. From Gay street east to P., Ft. W. & C. R. R., for- merly Grand street 930 490-492 TRESPASSING. Unlawful to enter premises of another without per- mit 529 364 TRANSCRIPTS. Fees of City Clerk for making 899 478 TRENTMAN AVENUE. Name changed to Kinnaird avenue 930 490-492 TREES. Shade trees, where planted 848 461 May be removed by Board of Works if planted con- trary to ordinance 848 461 How trimmed 849 461 Laws. Cities and towns may compel planting of . Council can pass ordinance for protecting TRUANT OFFICERS. Laws. Appointment and duties Pay of Time of service TRANSFERS, SCHOOLS. Laws. 2'00 214 201 214-215 145 185-196 145 185-196 213 221-222 215 222 . 215 222 When can be made Payment for transfer INDKX TO LAWS AND ORDINANCES. 611 IJ UNION STREET. From Main street to Berry street, formerly Edsall street 930 490-491 \ VACANCIES. Laws. In elective office, how filled 43 123 VAULTS. To be connected with sewer 680 402 Necessary trap used to connect 680 402 Penalty for violation of ordinance 681 402 Ordinance, regulating, construction of 872 468 Depth of, must be water tight 872 468 When deemed a nuisance 874 468 Contents, where deposited 875 469 Duty of owner to keep clean, who liable for main- taining as a nuisance 874 468 VAGRANTS. Laws. May restrain and punish by ordinance 23 106-115 VEHICLES. Laws. May regulate use of on streets, by ordinance .... 23 106-115 May provide for payment of license for, by ordi- nance 23 106-115 Ordinance. Left standing in street, how long 811 452 May be ordered removed from street, when 814 453 Unlawful to obstruct fire department, with 805 450 VOTERS. Laws. Qualifications of 140 183 Members of, to each precinct 141 184 "W WABASH AVENUE. From Pioneer avenue to New Haven road, for- merly Winch street 926 489-490 612 INDEX TO LAWS AND ORDINANES. Section. WALLACE STREET. From Calhoun to Lafayette street, formerly Hamil- ton street 919 WATER PIPES. Laws. To authorize inspection of, by ordinance 23 WATER. Laws. May license, tax and regulate use of, by ordinance 23 WATER WORKS TRUSTEES. Laws. Power of, time of election, present trustees 136 Collection of water rents, have power 136 Laws repealed, emergency 137-138 Ordinances. To set aside sinking fund 898 WATER WAYS. Laws. To keep open, prevent water from, patent in, pro- vide for change in course, etc., by ordinance . . 23 WARRANTS. Laws. When may be drawn 34 Issuing of, without appropriations, penalty 57 Illegal, Comptroller liable, if he pays 59 WATER COURSES. Laws. Board may locate and change location 23-87 Resolution, advertisement 87 Assessments, collection 88 WAGONS. Climbing on, unlawful 509 Width of tires on, to be drawn over certain streets 817 Page. 487 106-115 106-115 182-183 182-183 183 477 106-115 119 132- 133 133- 136 106-115-159 159 159-160 361 453-454 INDEX TO LAWS AND OKDINANCEvS. 61 WASHINGTON STREET. Section. Page. Citizens Street Railway franchise on, from Harmer street to Glasgow avenue 2G3 240-241 Name of street changed to Washington boulevard 930 490-492 WASHINGTON BOULEVARD. From Calhoun street to Swinney park, formerly Washington street 930 490-492 WALLACE STREET. Franchise to Fort Wayne Street Railway Company on John street and Creighton avenue 319 257-259 Grade of track, pavement, extent of 321 258-259 Change of pavement when 321 258-259 Kind of rails 322 259 Condition of repair, notice, failure, penalty 323 259 Speed, regulation of 324 259 Right of way, who entitled 324A 259 Excavation by city, relaying track 325-326 2'60 City indemnified 327 260 Cuts and fills, who to make 328 260 Fares and transfers 329 261 Switches, kind 330 261 Bond .' 331 261 Franchise on to Citizens Company (See Citizens Street Raikvay Company) 249 237 WARDS. Laws. Number of, boundaries, change of 10 103 Number of councilmen from each 11 103 Councilmen elected must be a resident and voter of 12 103 Ordinances. Boundaries 968 507-512 Territory annexed to Tenth Ward 969 512-513 WATER WORKS. Laws. Trustees of, to set aside sinking fund 898 477 Cities and towns having population of less than 45,000 may issue bonds for construction of .... 225 225-226 614 INDEX TO LAWS AND ORDINANCES. WATER WORKS — Continued. Section, Page. Denomination of bonds, when andwhere payable . . 2'25 225-226 Building of submitted to vote, election may be or- dered upon petition 225 225-226 Majority must vote therefor before election 225 225-226 Notice of election 225 225-226 Location of and condemnation of property 22'6 226-228 In what cases consent of owner obtained 226 226-228 Property condemned not to be used for other purposes 226 226-228 Commissioners appointed to appraise property . . . 226 226-228 Oath of commissioners 2'26 226-228 Notice to commissioners and owners of property. . . 226 226-228 Commissioners to examine property, hear evidence and make report and file same 227 228 Tender of damages assessed and when kept by Treasurer of company as special deposit 228 2'28 Acceptance or rejection of terms of report 229 228-22'9 Appeal may be taken by aggrieved party 229 229 Board of Trustees of, their election and term of office 230 229 Compensation of and bond of trustees 231 229 Powers and duties of trustees of 231 229 By-laws and regulations^ 232' 229 Water rents, assessment and collection of 233 229-230 Application of surplus fund, after paying expenses of operation 234 230 Reports, monthly and annually made by trustees 235 230 Money collected, to be deposited, where 235 230 Money deposited, how kept and drawn out 236 230 Contract for building, trustees authorized to make 237 230 Ratification of contract 237 230 Committee of investigation, may be appointed .... 238 231 Party offending, may be removed 238 231 For what purpose, no charge for water furnished. 239 231 Attachments to water works subject to super- vision, rules, etc., of 240 231 Contracts, giving and letting of 241 231-232 Contractor, shall give bond 242 232 Trustees cannot be a contractor 242 232 Tax, levying of, to pay principal and interest on money borrowed 243 232 INDEX TO LAWvS AND ORDINANCEvS. 615 WATER WORKS— Continued. Section. Page. Tax levied, a lien and how collected 2'44 232 .Jurisdiction of cities and towns owning, for 245 232-233 Prevention of pollution, of 245 232-233 Property and water power may be condemned in certain cases, proceedings in such cases .... 245 232-233 Business may be enjoined 246 233 Laws repealed 247 233 Emergency 2‘ti 233 Water Works Trustees, powers, time of election.. 136 182-183 Present trustees, collection of water rents 137 183 Laws repealed 137 183 WEIGHMASTER, WEIGHTS AND MEASURES. Unlawful to use false {See Market) 62’9 389 Size of measure 630 389 WEEDS, NOXIOUS. Declared to be a nuisance 779 438 Unlawful to permit growing of 780 438 Board of Health to inspect lots and streets 781 438-439 Notice to owners to cut weeds 781 438-439 Notice, how served 781 438-439 Publication when 781 438-439 Failure of owner to cut. Board to have work done 782 439-440 Money appropriated by city for purpose 782 439-440 Recovered in action by city 782 439-440 Misdemeanor, penalty 783 440 WELLS STREET. Citizens Street Railway franchise on {See Calhoun franchise) 290 248 Fort Wayne Street Railway Com pany franchise granted 1897, double and single track, north of St. Mary’s bridge 418 288-289 Operated by electric power 418 288-289 Removing tracks from Cass street 418 288-289 Pavement, extent of, foundation 419 289 Subject to previous ordinance 419 289 Bond for performance 420 289 616 INDEX TO DAWS AND ORDINANCES. , Section, Page. WHISTLES. Laws. Sounding, may be prevented by ordinance 23 100-115 Ordinances. Locomotive, see 038 391 WINDOWS. Washing of, when prohibited 852 462 WINCH STREET. Name of, changed to Wabash avenue 926 489-390 WINCH STREET, ESTABLISHED. From Alligar street to Lumbard street, formerly Penn street 926 489-490 WITNESSES. Laws. Refusal to testify, report to court 27 116-117 Refusal to obey order of court, contempt 27 116-117 Testimony in criminal cases 27 116-117 WOODLAND AVENUE. From Lafayette street to Hoagland avenue, for- merly Allen street 930 490-492' AMENDMENTS TO CITY CHARTER. Note — The followingr Amendments to the Charter of Fort Wayne were passed by the General Assembly of the State of Indiana after the main body of this book had g-one to press. AN ACT to amend Section one (i) of an act of the Gen- eral Assembly of the State of Indiana entitled ‘‘An act to amend Sections 2, ii, 12, 6y and 77 of an act entitled ‘An act concerning the incorporation and gov- ernment of cities having more than thirty-five thousand {35,000) population, according to the last preceding United States census, and matters connected there- with, and declaring an emergency f approved March 3, 1893,” 'tvhich said amended act vjas approved ]\/I arch 6, i8q/, and declaring an emergency. ' (S. 111. Approved March 7, 1901.) Section 1. Be it enacted by the General Assembly of the State of Indiana, That Section i of the above entitled act be amended to read as follows : The elective officers of such cities shall be a Mayor, Municipal Judge, City Clerk and Councilmen as hereinafter provided. The general elections of such cities shall be held as hereinafter provided, on the first Tuesday in May, 1901, and on the first Tuesday in May in every fourth year thereafter, at which general election there shall be elected a Mayor, Municipal Judge and City Clerk, all of whom, when so elected, shall hold their offices, respectively, for a period of four years, and until their successors are elected and qualified : Provided, That no Municipal Judge shall be elected until the general election to be held in May, 1905. Councilmen for such cities, as hereinafter provided, shall be elected on the first Tuesday in May, 1901, and on the 2 AMENDMENTS TO CITY CHAKTEK. first Tuesday in May of every second year thereafter, and such Councilmen, so elected, shall hold their offices, re- spectively, for a term of two years, and until their suc- cessors are elected and qualified. Sec. 2. Whereas an emergency exists for the im- mediate taking efifect of this act, therefore the same shall be in force and effect from and after its passage. AN ACT to amend Sections 42, 45, 46, 4/, 48, 4^, 50, 51, 53y 97’ 99’ ^02, 14,4, 155 and i^6 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 thirty-hve thousand (j5,ooo) and less than forty-nine thousand (4p,ooo) popula- tion, according to the last preceding United States cen- sus, and matters connected thereuntil, and declaring an emergency, approved March y, iSpy,” and repeal- ing all lau's in conflict therezvith and declaring an emergency. (S. 112 . Approved March 7, 1901.) Section i. Be it enacted by dhe General Assembly of the State of Indiana, That Section 42 of this act shall be amended to read as follows : Section 42. There shall be chosen at the general elec- tion to be held in such cities on the first Tuesday in May, 1901, and on the first Tuesday in May in every fourth year thereafter, a iNIayor and a City Clerk, each of whose terms of office shall commence at twelve o’clock noon on Thurs- day next after their election, and shall continue four years or until their respective successors shall have been elected and qualified, except as hereinafter otherwise provided. No person shall be qualified for the office of Mayor who has not been a citizen and resident of any such city for three years previous to his election, and who is not at least twenty-five years of age, and no person who has been elected to the office of Mayor of any such city for two con- secutive terms previous to the date of the next election on AMENDMENTS TO CITY CHAKTEK. the first Tuesday in Alay, 1901, shall be eligible to election to said office for the next ensuing term, and thereafter no person shall be eligible to the office of Mayor more than four years in any period of twelve years. Sec. 2. Section 45 of this act shall be amended to read as follows : Section 45. It shall be the duty of the Mayor to cause the ordinances of the city and the laws of the state to be executed and enforced except as hereinafter otherwise pro- vided ; to communicate to the Council at least once a year a statement of the finances and general condition of city affairs, and also such information in relation to the same as he may be called upon to furnish from time to time; to make such recommendations in writing, by message to the Council, as he may deem expedient ; to call special meet- ings of the Council when he may deem the same expedient ; to perform such duties of an executive and administrative character as may be prescribed by law ; to fill by appoint- ment vacancies for unexpired terms in all the elective offices except that of Municipal Judge, to appoint the heads of all departments, except the commissioners of the Department of Public Safety, and to appoint the Commissioners of the Board of Public Works and the Commissioner of Public Health, as hereinafter created, and who shall hold office until their successors are appointed and qualified : Pro- vided, That the Mayor at any time may suspend or remove from office any or all of such persons who have been ap- pointed by him or anv predecessor in the office of Mayor, by notifying the official to be removed in writing and send- ing a message stating the fact to the City Council with reasons for the act ; to sign all bonds, deeds and written contracts of the corporation and all licenses issued by such city pursuant to law, by any department, and shall have power to revoke or suspend any such licenses in all proper cases; to approve or disapprove in writing within ten (10) days after receiving the same, every ordinance or resolu- tion of the Council, and he shall transmit to the body in which the same originated within such time a message an- nouncing such approval or veto ; in case of veto he shall state 4 AMENDMENTS TO CITY CHAKTEK. in writing his reasons therefor ; and such resolution or ordi- nance shall not become operative unless the same is passed over such veto by a two-thirds vote of the Common Council : Provided, That in ordinances appropriating money or levy- ing taxes, the Mayor may approve or disapprove of the sep- arate items of such appropriation or levy. In case of disap- proval of any item or items and approval of the remainder of the ordinance, so much of the same as is approved shall be law and operative, unless passed over his veto by a two- thirds vote as above provided ; to call together in public ses- sion the heads of departments, except of assessment and collection, and except the Board of Public Safety, for con- sultation and advice upon the affairs of the city, at least once a month, and to call on the heads of such departments for reports from the same, which it shall be their duty to prepare and submit in writing. Records shall be kept by the City Clerk of such meetings as above provided for, and rules and regulations shall be adopted thereat for the ad- ministration of the affairs of such city departments not in- consistent with any law or ordinance, which regulations shall prescribe a common and systematic method of ascer- taining fitness of applicants for office, position and pro- motion, and of selecting, appointing and promoting those found to be best fitted ; to appoint, as often as he thinks proper, three competent persons to examine without notice the accounts of any such department, officer or employe and the money, securities and property of such city in their possession or charge, and report the result of such investi- gation, and perform such other duties as the nature of his office and the interests of the city shall require ; to, until 12 o’clock noon on the 9th day of May, 1901, and until a Municipal Judge has been appointed and qualified under this act, exercise and perform all of the judicial duties with which he is invested by the act of which this act is amendatory. The Mayor shall give bond, payable to the State of Indiana, in any penal sum not less than three thou- sand dollars ($3,000), to be approved by the Clerk of the Circuit Court, with sufficient security, conditioned for the faithful performance as Mayor and all other duties herein AMENDMENTS TO CITY CHAKTEK. 5 required, and shall file the same with the Clerk of the Cir- cuit Court of the county wherein such city shall be located, within the time designated by law for justices of the peace. Sec. 3. Section 46 of this act shall be amended to read as follows ; Section 46. On and after 12 o'clock noon of the 9th day of May, 1901, the judicial power of such city shall be vested in a city court ; the officers thereof shall be one judge, a clerk and a bailiff. The style of such court shall be “The ^lunicijial Court of the City of ” according to the name of such city. Said court shall be a court of record, and all its judgments, decrees, orders and proceedings shall have the same force and effect as those of circuit courts of record, except that no judgment shall be a lien on the real estate otherwise than is provided by taking transcript, and the same shall be in force in the same manner as liens by transcripts from justices of the peace in similar cases. The Mayors' courts of such cities are hereby abolished on and after said 9th day of May, 1901, and such Mayors shall turn over to the judge of such court all books, papers, dockets, documents and property relating and belonging to sucb Mayor’s court. The ^Municipal Judge shall provide, at the expense of the city, a seal for such court that shall contain on the face the words “The ^Municipal Court of , Indiana,” the blank to be filled with the name of the city. A description of such seal, together with an impression thereof, shall be spread on the records of such court. No change of venue shall be taken from such court, but anv defendant may take a change of venue from any judge thereof as is now provided by law relating to criminal and circuit courts. The ]\Tunicipal Judge, as hereinbefore pro- vided, shall be elected on the first Tuesday of May, nine- teen hundred and five (1905) A. D., and on the first Tues- day in May in every fourth year thereafter, and shall serve for a term of four years. The office of Municipal Judge shall, however, from said 9th day of May, 1901, until the first Tuesday of May, nineteen hundred and five (1905) A. D., be filled by appointment by the Governor of Indiana, 6 AMENDMENTS TO CITY CHARTER. whose duty it becomes on or immediately after the 9th day of May, 1901, to select some attorney at law of good standing, who shall have been a resident in such city for three years next previous to his selection, to serve as jAlunicipal Judge until such day of election. The term of said judge shall begin immediately upon his appointment, and he shall serve until his successor is elected and quali- fied. He shall execute a bond, payable to the State of Indiana, in the penal sum of two thousand dollars ($2,000), with good and sufficient surety, to be approved by the Mayor and filed in the office of the City Comptroller, con- ditioned for the faithful and honest discharge of the duties of his office. He shall hold daily sessions of the municipal court, Sundays excepted, at a place within such city pro- vided and designated by the City Council, and it shall be the duty of the Common Council of such city to provide a suitable place for the holding of such sessions of such court at the expense of such city. He shall have and exer- cise within such county, in which such city is located, the powers and jurisdiction now or hereafter conferred upon justices of the peace in all crimes and misdemeanors, ex- cept as herein otherwise provided. He shall have exclusive jurisdiction of all violations of the ordinances of such city. He shall, also, have original concurrent jurisdiction with the circuit courts, in all cases of petit larceny and all other violations of the laws of the state where the penalty pro- vided therefor can not exceed a fine of five hundred dollars ($500) and imprisonment not exceeding six (6) months. In the trial of any person in the municipal court for the violation of any law of this state or ordinance of such city, the court or jury shall have power to assess a fine in any sum not exceeding five hundred dollars ($500), or adjudge imprisonment as a part of the sentence for any time not exceeding six (6) months in the county jail, work- house, or other lawfully designated place of confinement, either or both. Such judge shall have full power and authority to make and adopt rules and regulations for con- ducting the business of said court not repugnant to the laws of this state, and shall have all powers incident to a AMENDMENTS TO CITY CHAKTEK. 7 court of record in relation to the attendance of witnesses, the punishment of contempt and enforcement of its orders, and to issue commissions for taking depositions in cases pending in said court. He shall have full authority to ad- minister oaths and to give all necessary certificates for the authentication of the records and proceedings of said court in the matter of appeals, and, in the trial of any person charged with the violation of any law of this state, such court shall be governed as far as may be by the law, rules, practices and pleadings relating to circuit courts, except wherein otherwise provided, and in the trial of any person charged with the violation of any such ordinance of such city, such court shall be governed as far as may be by the laws, rules, practices and pleadings now in force relating to the Mayors’ courts, except where herein otherwise pro- vided. Appeals shall be from the judgment of said court in criminal cases to the circuit court. In case of the temporary absence or inability of the Municipal Judge to act, he shall appoint any reputable prac- ticing attorney to preside in his absence, as special judge, and such special judge shall have and possess all the powers and rights, and perform and exercise all of the duties of judge of said court as fully and completely as the ^Municipal Judge appointing him, and for his services shall receive one-half of the docket fee taxed for the use and benefit of such city, as hereinafter provided, in the cases in which he shall preside. It shall be the duty of the judge of said court, to tax for the use and benefit of such city a docket fee of five dollars ($5.00) in each case where the defendant is adjudged guilty of a violation of any law of this state or ordinance of such city, which docket fee shall be collectible in the same manner as other costs are collected, and no other fee whatever shall be taxed against a diefendant except as herein provided for : Pro- vided, however. That nothing herein shall prevent the tax- ing and collection of the penalties and fees now provided by law in case of the collection of judgments on execution, levy, and sale of personal property, but all such penalties and fees when collected shall be for the use and benefit of such city. 8 AMENDMENTS TO CITY CHARTER. All fees herein provided to be collected by such judge shall be for the use and benefit of such city, which fees such judge shall pay into the Comptroller’s office once in three (3} months for the use and benefit of the general funds of such city. All fines and penalties collected by such judge shall be paid over by him to the same persons and in the same manner and under the same restrictions that justices of the peace are required to do. Any ])erson having been adjudged guilty of a viola- tion of any ordinance of such city and committed therefor may be discharged by such court or judge after said de- fendant has been imprisoned in addition to the term of im- ])risonment, if any, adjudged against him as a part of the sentence, one day for every dollar of such fine and costs, if it appear to such court or judge that such defendant is unable to pay or replevy such fine and cost, but an execu- tion may issue against the property of the defendant as in the case of other judgments. In no case, however, shall the city be liable to any person for costs or fees. In the case of a vacancy in the office of the Alunicipal Judge, the Governor of the State of Indiana shall fill such vacancy by appointment, and the person so appointed shall hold such office until his successor is elected and qualified. The Municipal Judge and clerk of the municipal court shall not receive any fee or other compensation whatever than their res])ective salaries, but the holding of the office of police judge shall not exclude any person from the right to practice law. The salary of the Municipal Judge shall be one thou- sand dollars ($i,ooo) per annum, payable quarterly, as the salary of other officers are paid, and it is hereby made the duty of the Common Council of such city to provide for the payment quarterly of said salary out of the funds of such city. Si-:c. 4. Section 47 of this act shall be amended to read as follows : Section 47. The clerk of the Department of Public Safety, elsewhere directed to be appointed by the Governor, before entering u])on the discharge of his duties, shall ex- AMENDMENTS TO CITY CHARTER . 9 eciite a bond payable to such city in the penal sum of two thousand dollars ($2,000), with good and sufficient se- curity, subject to the approval of the Mayor, which bond shall be hied with the City Comptroller. Such clerk shah be the clerk of said municipal court herein mentioned and have full power to administer oaths ; he shall issue all process of said court, affix the seal of said court thereto and attest the same. He shall . keep a true, correct and complete record and docket of all cases and persons ar- rested and brought before the said court, how tried and disposed of ; and he shall keep a true and complete record of the fees, hues, penalties, forfeitures, judgments, execu- tions, decrees and orders, had therein, in the same manner, as nearly as may be, as such records are kept by the clerk of the circuit courts. He shall collect, prosecute and re- ceive payment of all such fees, fines, penalties and for- feitures, and all judgments and executions, and all moneys whatever accruing to or to be paid in for the use of said city from the enforcement of any of the laws thereof. At the close of each day’s session of such court he shall make out and deliver to the Municipal Judge a written report of all cases in which he has received or collected any moneys during said day, and shall forthwith pay over all such moneys to said judge and take his receipt therefor. Sec. 5. Section 48 of this act shall be amended to read as follows : Section 48. The prosecuting attorney of the judicial circuit in which such city is located, shall prosecute all cases in said court for the violation of any law of this state, and shall be entitled to receive the same fees therefor as are now provided in cases of such prosecution before the jus- tices of the peace, and the City Attorney shall prosecute all cases of violation of the ordinances of such citv, and he shall be entitled to receive the same fees therefor as are allowed such circuit prosecutor. Witness fees in all cases in such municipal court shall be taxed and collectible onlv when claimed or demanded by the witnesses at the time of the trial. And no witness shall be allowed more than one fee for any one day’s attendance, nor shall any witness fee 10 AMENDMENTS TO CITY CHARTEK. be taxed in any case in favor of any member of the police of such city. All witness fees when collected and received by the Municipal Judge shall be paid by him to such wit- ness on his demand and his receipting upon the proper docket for such fee, and if not claimed in six months, said fee shall be turned into the treasury. All warrants or other process issued by the municipal court shall be directed to the Superintendent of Police or any member of the police force of such city, which shall be executed, served and returned. It shall be the duty of the members of the police force of such city to cause all persons arrested by them for the violation of any ordinance of such city, or any law of the state, to be taken before such municipal court for trial or examination, as the case may be. Sec. 6 . Section 49 of this act shall be amended to read as follows : Section 49. Whenever any suit shall be instituted by such city it shall not be necessary to aver its corporate or- ganization or the publication of its by-laws or ordinances unless the same is contradicted by affidavit. In all prosecu- tions against any railroad or other incorporate company for the violation of any ordinance of the Common Council of such city, a summons may issue against the company and may be served on the president, superintendent, secretary, treasurer, station agent, or general agent, and upon the trial of the cause judgment may be rendered against the railroad company for such penalty as may be adjudged, or the con- ductors or other agents of the company guilty of the viola- tion, may be arrested by warrant, and may be proceeded against personally as in other cases. Sec. 7. Section 50 of this act shall be amended to read as follows : Section 50. All actions brought to recover any penalty or forfeiture incurred under this act or ordinance made in pursuance thereof, shall be brought in the corporate name of such city, the process in every such action shall be a warrant, and the person named in such warrant shall be arrested and retained in custody or under reasonable recog* AMENDMENTS TO CITY CHARTEK. 11 nizance until the next sitting of the municipal court, and it shall not be necessary to file with the affidavit or complaint a copy of the ordinance, or section thereof, charged to have been violated, but it shall be sufficient to recite in the af- fidavit or complaint the number of the section charged to have been violated, with the date of its adoption, nor shall it be necessary to copy any part of the affidavit or com- plaint or other pleadings in the record of the cause : Pro- vided, That the Municipal Judge shall note upon his docket the parties to the action, the title of the cause, the filing of the complaint or affidavit, the issuing and return of process and the judgment and proceedings had in the cause, and the satisfaction of judgment when paid. If the penalty or forfeiture in which judgment is ob- tained is not paid or replevied, the defendant may be com- mitted, for any period not exceeding thirty days, to the workhouse of such city, or if such city has no workhouse, then to the county prison of the county in which such city is situated, and in the latter case it shall be the duty of the person having charge of such person to receive such de- fendant, and obey the judge or municipal court in reference to him or her, and in default of payment or replevy of such judgment and costs the defendant, unless a female, may be adjudged and required to pay the same by manual labor in said workhouse or county prison, or on the street or other public works of such city, for which labor such defendant shall be allowed on such judgment and costs seventy-five cents per day. It shall be the duty of said department of such public works, or such officer as the Department of Public Works may direct, to work such defendant not less than six nor more than ten hours per day, according to the season, and each evening return him to the custody of the keeper of such workhouse or prison. Upon the full pay- ment, as aforesaid, of the judgment and costs, such de- fendant shall be fully discharged. And such Department of Public Works is hereby authorized and required to per- form all the duties herein prescribed, to use all proper means thereto ; and the Common Council is hereby vested with full authority to pass by-laws and ordinances for the 12 AMENDMENTS TO CITY CHARTER. purpose of compelling the enforcement of such manual labor by such defendant, by the use of sufficient force and means as they may deem right and proper. If any prisoner is required to work upon the streets of the city as a part of his punishment, then such city shall pay to the county the fees now allowed to sheriffs for boarding prisoners, while such prisoner is confined in the county prison or jail, and such defendant may at any time replevy and pay such judg- ment and costs ; and in case he has performed labor under such judgment, he shall be entitled to a credit for the amount of labor performed, and the balance may be paid or replevied as aforesaid. Sec. 8. Section 51 of this act shall be amended to read as follows: Section 51. The Mayor of such cities hereinafter elected shall be paid an annual salary of one thousand dol- lars ($1,000), and he shall receive no other compensatior> whatever. Sec. 9. Section 52 of this act shall be amended to read as follows : Section 52. The clerk of such city shall be the clerk of the Common Council and of the Board of Public Works. He shall keep records of the proceedings of said bodies and of all of the business of said bodies, and shall have charge of all papers relating to the business of said Common Coun- cil and said Board, and shall prepare and keep an ordinance book as elsewhere provided in this act ; he shall have charge of all documents and books, the keeping of which may be intrusted to him by statute or ordinance ; he shall keep the city seal, and shall perform all other duties provided by law or incident to his office. He shall receive a salary of two thousand dollars ($2,000) per year for all such services, and shall not receive any other compensation, fee or per- quisite except for furnishing copies of the records in his possession, which copies shall be received as evidence in any proceeding and for which the clerk shall receive such fees as are paid to county clerks for similar services. Such clerk shall deliver over to his successor as soon as the same has qualified for office all documents, books and belongings of his office. AMENPMENTS TO CITY CHARTEK. 13 Sec. 10. Section 53 of this act shall be amended to read as follows : Section 53. The following executive departments are hereby established in such city. {a) Department of Finance. {b) Department of Law. (c) Department of Public Works. (d) Department of Public Safety. (e) Department of Assessment and Collection. (/) Department of Public Health and Charity. Xo other executive or administrative department shall be established in such city. Subordinate officers and employes not herein provided for, shall be appointed by the heads of their respective de- partments. Each department shall have the power to pre- scribe rules and regulations not inconsistent with any statute or ordinance, for its own government relating to the conduct of its own officers, clerks and employes, the distribution and performance of its business and preserva- tion of books and records and papers and property under its control. Each department shall promptly furnish to the Mayor or to the Common Council any information which may be called for in relation to its affairs ; the heads of said departments, except the Department of Public Safety and the Department of Assessment and Collection, shall be ap- pointed by the Mayor. Sec. II. Section 97 of this act shall be amended to read as follows : Section 97. The Department of Public Safety shall be under the charge of a board of three commissioners, who shall have been residents and voters of such city for three years immediately previous to their appointment, and who shall be appointed by the Governor of Indiana and shall serve four years and until their successors shall be ap- pointed and qualified. No more than two of the said com- missioners shall be of the same political party. Said com- missioners shall give bond to such city in the sum of one thousand dollars ($1,000), to be approved by and filed with the Department of Einance for the faithful performance of 14 AMENDMENTS TO CITY CHARTER. their duties, respectively, as required herein. Said Board shall have the care and management, supervision and ex- clusive control of all matters relating to the fire and police force, fire alarm, telegraph, erection of fire escapes, in- spection of buildings and boilers, market places and food sold therein, pounds and prisons, and it shall be their duty to cause the ordinances of the city and the laws of the state to be enforced except as herein otherwise provided. Said Board shall have power to purchase, at stated times and by competitive bids only (where amounts reach $250 or more) all necessary supplies and apparatus, and make all repairs needed in its departments, subject to the same proviso as herein is prescribed for the exercise of similar powers by the Board of Public Works. In case of palpable collusion of bidders, all bids shall be rejected and new bids asked for. Said commissioners shall each receive for their services four hundred dollars ($400) per annum, payable quarterly out of the funds of such city. It shall be the duty of the City Attorney of such city to act as the attorney and legal adviser to said Board, but should he refuse so to do. or should the said Board be of the opinion that the best interests of such city would be subserved by employing other counsel, said Board may from time to time as it deems necessary employ any attorney at law resident of such city to act for it, and any sum due said attorney for such ser- vices shall be determined by said Board and be paid by such city. They shall appoint a clerk, whose duty it shall be to keep all records and accounts for said Board and shall perform such other duties as shall be required by said com- missioners ; he shall be the clerk of the municipal court and of the Superintendent of Police, and shall perform all the duties incident to the clerks of circuit courts as provided by law. He shall receive a salary of nine hundred dollars ($900) per annum in full compensation for his services to the Department of Public Safety and to the Superintendent of Police, and as clerk of the municipal court, payable monthly as the salaries of other city officials are paid, and it is hereby made the duty of the Common Council of such city to provide for the payment of such salaries out of the funds of such city. AMENDMENTS TO CITY CHAKTEK. 15 Src. 12. Section 99 of said act shall be amended to read as follows : Section 99. Such commissioners shall appoint a super- intendent of police, two captains, sergeants, two clerks, drivers, detectives and such other officers and patrolmen for the police force as they may deem advisable ; also a chief of the fire department, captains and all other officers, members and employes for the fire department, as they may deem advisable ; also a weighmaster, marketmaster, poundmaster and such other officials necessary for such De- partment of Public Safety. Not more than one-half, as nearly as may be of said captains, sergeants, clerks and drivers of the police force shall belong to the same political party, and not more than one-half, as nearly as may be, of such officers and patrolmen of the police force and such captains and members of the fire department force, exclud- ing the Superintendent of Police and the Chief of the Fire Department, shall belong to the same political party. The Superintendent of Police, Chief of Fire Department and all other officers, members and employes of the police force and fire department shall give bond in the penal sum of one thousand dollars ($1,000) each, conditioned for the faithful performance of their duties respectively, with suf- ficient security to be approved by the Mayor. Said Board shall not appoint more than one patrolman for each one thousand inhabitants for such city, and not less than one patrolman for every fifteen hundred inhabitants of such city, and shall not appoint more than one officer of the police force, excluding the Superintendent of Police, for each five thousand inhabitants of such city. Such superintendent, captains, officers and patrolmen of the police force, and such chief and other officers and employes of such fire de- partment, shall receive such compensation as such Board may determine, provided that the compensation for such Superintendent of Police shall not be less than twelve hun- dred dollars ($1,200) per annum nor more than fifteen hun- dred dollars ($1,500) per annum; that the compensation for Captain of Police shall not be less than eight hundred dollars ($800) nor more than ten hundred dollars ($1,000) 16 AMENDMENTS TO CITY CHARTEK. per annum ; that the compensation for Sergeant of Police shall not be less than seven hundred and fifty dollars ($750) per annum nor more than nine hundred dollars ($900) per annum ; that the compensation for said clerks shall be six hundred dollars ($600) per annum; that the compensation for police patrolmen and drivers shall not be less than six hundred dollars ($600) per annum nor more than eight hundred dollars ($800) per annum; that the compensation for the Chief of the Fire Department shall not be less than twelve hundred dollars ($1,200) per annum nor more than fifteen hundred dollars ($1,500) per annum; that the com- pensation for the captains of the fire department shall not be less than eight hundred dollars ($800) per annum nor more than one thousand dollars ($1,000) per annum; that the compensation for other officers and employes of such fire department shall not be less than five hundred and forty dollars ($540) nor more than eight hundred dollars ($800) per annum. The compensation of all other officers shall be fixed and determined by such Board as in their judg- ment will be reasonable and promote good government of such city, and it is hereby made the duty of the Common Council of such city to provide for the payment of such officers and employes of said police force and said fire de- partment and of the necessary expenses of conducting such Department of Public Safety out of the funds of such city. All persons so appointed shall serve during good behavior and shall be of good moral character and shall be able to speak and write the English language. Such Board shall have power, for cause assigned on public hearing accord- ing to rules to be promulgated by them, to remove or sus- pend from office, or for a definite period deprive of pay any officer or member of said police force or said fire depart- ment, except that detectives may be dismissed at any time by said Board without notice or hearing; and said Board shall have the power to make general and special rules and regulations for the government and discipline of said police force and fire department and to make and promulgate gen- eral and special orders to such police force through the Superintendent of Police, who shall be the executive head of such force, and to such fire department through the AMENDMENTS TO CITY CHARTEK. 17 Chief of the Fire Department, who shall be the executive head of the fire department ; that immediately upon the ap- pointment of such commissioners of the Department of Public Safety by the Governor, as provided in this act, when it shall have organized by the election of a president and secretary, it shall at once proceed to the reorganization of the police force and fire department of such city, in such a way that not more than 50 per cent, of the employes in either of these departments, exclusive of the Superintendent of Police and the Chief of the Fire Department, shall belong to or be from any one political party ; the intent being to construct and hereinafter maintain in any such city a non- ])artisan police force and fire department. To that end such P>oard shall have the power and authority to dismiss and discharge without notice or hearing any and all officers, members and employes of such police force and such fire department, including the Superin- tendent of Police and the Chief of the Fire Department and all who shall at the time of the taking effect of this act, be connected with such police force or such fire department. After the reorganization of said force and department no removal shall ever be made upon political grounds ; that said commissioners shall provide a sufficient mental and physical examination for admission to the police force and fire department covering a thorough knowledge of the geography and buildings in such city and the railroads run- ning into or through such city, and all the rules and regula- tions bearing upon routine or emergency duty. All ap- pointees shall be of good moral character and shall be vouched for by two reputable citizens, who are freeholders. The Superintendent of Police shall have exclusive direction and control of the police force, and the Chief of the Fire De- partment shall have exclusive control and charge of the fire department, subject in both cases to the rules, regula- tions and orders of the Department of Public Safety. The P)Oard of Safety now existing in said cities shall turn over to their successors as provided by this act all papers, books, documents and property of every kind and description be- longing to said Department of Public Safety and under their control. The commissioners, whenever it sliall seem 18 AMENDMENTS TO CITY CHARTER. to them discreet, may, on the application of any person or persons showing the necessity thereof, appoint and swear in any number of additional patrolmen to do duty at any ] 3 lace .within said city, at the charge and expense of the person or persons by whom the application may be made, and the patrolmen so appointed shall perform duty only at the place designated by said .commissioners. They shall continue in office at the pleasure of said commissioners for a term not exceeding one year; shall be subject to and obey the orders, rules and regulations of said commissioners, and conform to the general discipline of the police force of such city, and to such special regulations as may be made by such commissioners for their government. And the per- sons so appointed may be removed at any time by the com- missioners. The commissioners may, upon emergency, with tlie written consent of the Governor, and the Mayor of said city, appoint such number of special patrolmen as they may deem advisable, but such special patrolmen shall serve for not exceeding seven consecutive days, unless their employ- ment for a longer period shall be approved of by the Board of Police Commissioners and the Mayor of such city. And the said special patrolmen shall be paid in the same manner as hereinbefore provided for the regular force. The Board of Public Safety now existing in such city is hereby abolished. Sec. 13. Section 102 of this act shall be amended to read as follows : Section 102. The officers and members of such police force shall possess all the common law and statutory powers of constables, except in relation to the service of civil pro- cess, and any warrant of search or arrest issued by any judge, magistrate, mayor or justice of the peace of this state may be executed in any part thereof by any member of said police force, subject to the laws of this state gov- erning arrests and bail. The members of such police force shall have the exclusive power, and it shall be their duty to serve all process within such city issuing from the munici- pal court. They shall be conservators of the peace of such city, and shall arrest without process all persons who within view commit any crime or misdemeanor contrary to the amp:ndments to city chaktp:k. 19 statutes of this state or ordinances of such city, take them before the Municipal Judge of such city, or lief ore the of- ficers having jurisdiction of the ofifense with which such person is charg'ed, and retain them in custody until the cause of such arrest has been investigated ; suppress all breaches of the peace within their knowledge, and authority is herebv given to them to call to their aid the power of such city; to pursue and commit to jail all felons and per- sons guilty of misdemeanor or crimes in violation of the statutes of this state or ordinances of such city. They shall have the exclusive power, and it shall be their duty to serve all process issued by the Common Council or any commit- tee thereof, pursuant to this act, or by any of the executive departments of such city. The Board of Public Safety shall detail some one member of said force, or as many as it may deem necessary, to attend the municipal court as bailiff and preserve order therein. Sec. 14. Section 134 of this act shall be amended to read as follows ; Section 134. The Department of Public Health and Charities shall be under the control of a commissioner of public health, who shall be appointed by the Mayor for a term of four years, and shall not be subject to removal ex- cept for inefficiency or neglect of duty. Said commissioner shall receive a salary of fifteen hun- dred dollars ($1,500), which may be increased by ordinance to a sum not exceeding two thousand dollars ($2,000) per year. Said commissioner shall be a person well known to be a skilled bacteriologist and chemist and to be proficient in sanitary science ; shall be qualified to analyze food stuffs, water used for drinking purposes and that taken from streams and pools within and adjacent to such city. Said commissioner shall, also, possess the necessary skill to in- vestigate and determine cases of alleged poisoning 'and demonstrate his findings in the courts of justice. Said commissioner shall attend to the proper registration of births, marriages and deaths and such other statistical in- formation as the department may require. Said health commissioner shall nominate for appoint- 20 AMENDMENTvS TO CITY CHARTER. nicnt by and witli the concurrence of the Department of Public Safety, as special sanitary officers, if in their judg- ment they deem it necessary, skulled and competent persons for live stock and meat inspectors, and food inspectors, whose duties shall be to inspect all live stock, meat and food offered for sale for ffumaii food in such city, and to attend the public market and carefidly watch over the same and prevent the selling or offering to sell, for human food, any and all articles unfit for such use, and said commissioner is hereby authorized to require from the Department of Public Safety special detail of policemen who shall con- stantly be subject to the orders of such commissioner of public health. St:c. 15. Section 135 of said act shall be amended to read as follows : Section 135. Said health commissioner is hereby authorized and directed to prepare ordinances for the pro- tection of public health, for securing the proper registra- tion of births, marriages and deaths, and such other statis- tical information as the department may require, with pen- alties for their violation ; for the removal and burial of the deard, and the destruction or fumigation of infected property or premises, for the registration of plumbers and the in- spection of plumbing and house drainage in all buildings, both public and private, erected prior thereto, wherein changes in or additions to the plumbing or drainage are to be made ; or the appointment of an inspector of plumbing and house drainage, who shall be a practical plumber, who shall be required to pass an examination as to his qualifica- tions by a board of three practical plumbers doing business and residing in such city, said Board to be selected by the health commissioner of such city. Such ordinance shall be submitted to the Council for passage as other ordinances, • Sec. 16. .Section 136 of said act shall be amended to read as follows ; Section 136. In any such city in which water works have been constructed or are now in process of construction or extension, or where water works shall hereafter be ordered, the said water works shall be under the authority, direction and control of the Board of Public Works here- AMENDMENTS TO CITY CHARTER. 21 inbefore created, wlio shall have and possess all the power and be under the obligations, and do and perform all the duties now conferred njion the Trustees of the Water Works under and by virtue of an act of the General As- sembly of this state, entitled “An act to authorize cities and incorporated towns to construct, maintain and operate water works, issue and sell bonds to pay for such con- struction, repealing all laws in conflict with this act and de- claring an emergency,” approved March 25, 1879, and all laws amendatory thereof and supplemental thereto. Boards of water works trustees heretofore existing in such cities shall be and are hereby abolished, and all of their powers and duties shall be and are hereby conferred upon the Board of Public Works of such city. Said Board of Public Works shall employ at a salary of two thousand dollars ($2,000) per year,, one chief clerk of the water works and one assistant clerk of the water works, at a salary of one thousand dollars ($1,000) per year. Such chief clerk of the water works shall keep the records and books belonging to the water works, collect the rentals and do and perform such other things in connection with such water works as may be designated bv such Board of Public Works. For the purpose of paying the expenses of managing and oper- ating the water works in such city and for making exten- sions and improvements and paying the interest on an\ water works debts therein incurred in the building thereof, the Board of Public Works shall have power to assess and collect from time to time, a water rent or charge of suf- ficient amount in such manner as they deem most equitable upon all tenants and premises supplied with water, and for the supply of boilers, locomotive engines, and all other pur- poses for which water may be supplied; should there be any surplus after the payment of the costs of operation and maintenance and the necessary extensions and improve- ments, and the interest on the water works debt, if any, such surplus shall be set aside as a sinking fund for the ultimate payment of such debt, and said Trustees of the Water Works, upon the taking effect of this act, shall turn over to the Board of Public Works all books, papers, moneys, documents and property of every kind and de- 22 AMKNDMKNTS TO CITY CHARTER. scription now held or controlled by them as such trustees. Sec. 17. All laws and parts of laws in conflict with any of the provisions of this act are hereby repealed. Sec. 18. Whereas an emergency exists for the imme- diate taking effect of this act, therefore the same shall be in force and effect from and after its passage. r K I r- j / ' ! s-:. ■ ‘H f':" i- r . J / J5ft -f K' ■•^ *;■ ‘:A Jf; Jx, -V £■ ' i ' J -I, CoJLiDri Made in Italy 05-14 STO wwwx0librisy5tem.com