Their successors were to be appointed by the council for three-year terms, one retiring each year. The board was required to hold quarterly sessions, and "grant license to keep a tavern, porter-house, or house of entertainment to all applicants therefor, who, by the testimony of witnesses (to whom said board is hereby authorized to administer oaths), shall show to the satisfaction of the commissioners, such applicant to be of good habits, not addicted to drinking, and who would not in the opinion of said commissioners, permit or suffer any drunkenness, riotous, disorderly or licentious conduct, in his or her house, store or grocery, or on the premises occupied by him or her." All license fees and fines were to be turned into the city treasury. Changes in the council and executive offices. By a charter amendment of 1841, the members of the council were prohibited from receiving pay, and the maximum salary any municipal officer could receive was fixed at $200.00 per year.' In 1847 the terms of the aldermen were extended to three years, one-third of the aldermen retiring each year. There seems to have been some trouble with the city marshal, for whereas by the charter of 1836, he had been an elective officer with power to appoint his own deputies, both he and they were now to be appointed by the city council. In 1848 return was made to the old method of filling the office, and the council was given power to remove the marshal for cause after hearing his defense.3 His salary was to be fixed at not more than $400.00, while his deputies were limited to $100.00 a year. Two years later, in 1850, Cleveland township was incorporated in the city, four wards were established subject to change by the council, and the number of councilmen elected by each ward was reduced to two. In this same year the council was empowered to establish a board of health. The number of its members, their official terms, compensation, and 10. L. A., 37 v. 383. 4 Ibid., 48 v. 364. 3 Ibid., 46 v. 153. 2 Ibid., 45 v. 135. 5 lbid., 48 v. 487. to some extent their powers were left to the discretion of the council. In 1851 the city sexton was made an elective officer.1 Provision was also made for the union of Cleveland and Ohio city." The new territory annexed was to constitute two new wards, thus increasing the membership of the council. Taxation. An unlimited taxing power was not left to the city council long. In 1841 five mills on the dollar was fixed as the maximum rate.3 The levy determined upon was to be certified by the mayor to the county auditor, and collected with other taxes by the county treasurer. In 1847 the tax rate for general purposes was limited to two mills on the dolwith four-fifths of a mill school tax and, and three-fourths of a mill levy to pay debts already contracted. These levies were to be determined between April 1 and June 1 of each year, and within the same period the special assessments for street improvements were to be fixed for the year. In 1850 the tax limit for general purposes was raised to three mills on the dollar.5 In the following year, certain real estate, recently annexed, was made subject to city taxes for railroad, school, road and poor relief purposes only, until it should be divided and sold or improved as city lots. Special assessments. Methods of levying special assessments have caused Ohio statesmen a good deal of anxiety. One of the mooted points has been the incidence of that part of the burden of a local improvement resulting from the payment of damages to injured individuals. By an act of 1849 this part of the expense in Cleveland was to be paid out of the city treasury. In 1851 a change was made in the method of levying assessments for local improvements. On petition of at least twelve freeholders for street improvements, the council might provide for the payment of the expense by the petitioners, out of the city treasury, or by a discriminating tax if the petitioners represented one-third in value of the property to be taxed. Damages to individuals were to be added to the expense of the improvement. The mayor's court. In 1841 jury trial was granted to persons tried before the mayor for violation of city ordinances.1 Ten years later the city clerk was authorized to hold the mayor's court and was given concurrent jurisdiction with the mayor in cases of ordinance violation.2 III. Cleveland under general laws, 1852 to 1891. We have now reached the end of avowedly special legislation for Cleveland, except in isolated acts. The new constitution, adopted in the year 1851, required the organization of cities by general laws.3 Cleveland does not seem to have suffered very much from the evils of special legislation, although within the years immediately preceding the adoption of the new constitution there had been considerable legislative action, particularly relative to the excise problem and special assessBut on the whole Cleveland had enjoyed a liberal and carefully-framed charter. The population of the city had increased from 1,075 in 1830, to 6,071 in 1840, and 17,034 in 1850. This was still a small population compared with the great aggregations of recent decades, but the period of rapid growth had set in, and the problems of municipal government taxed the wisdom of the legislature. ments. The general act of 1852. By the general act of 1852 for the organization of cities and villages in the state of Ohio, all the special acts referring to city charters proper were swept away.* Those special laws which had dealt with subjects local in their nature and under which important rights had become vested were not disturbed, of course. But a general organization for cities and villages according to classes was provided. Cities 10. L. A., 39 v. 162. 2 Ibid., 49 v. 114. Ohio Laws, 50 v. 223-259 of the first class were those with more than 20,000 population, and as Cleveland came within that category almost at once, we need speak only of the organization and powers of cities of the first class. The council, its organization and powers. The aldermen of the old regime were done away with, and the city council was made to consist simply of the two trustees chosen from each ward for terms of two years, half of them retiring every year. Members could be expelled by a two-thirds vote of all. The council was also given power to remove appointive officers by an absolute majority vote, and elective officers by an absolute two-thirds vote, after granting them a hearing. The passage of by-laws and ordinances required a majority vote of all trustees after three readings on different days, unless otherwise provided by three-fourths vote. Every ordinance was to have a single object, expressed in its title, and ordinances amended or revived were to be repeated in full. Trustees could not be appointed to any municipal office during their term, except as provided in the law, and they were forbidden to be interested in any municipal contract. Any improvement involving the condemnation of private property required a two-thirds vote of all councilmen. The same majority was required for any improvement to be paid for by special assessment, unless petitioned for by two-thirds of those to be assessed. Improvements and repairs of streets, bridges and sewers could be undertaken only on recommendation of the board of city improvements. The executive officers and boards. The mayor was required in cities of the first class to make an annual report to the council with recommendations, and was given power to appoint the chief of police and an equal number of watchmen from each ward as determined by the council. The electors were to choose for terms of two years, the mayor, city marshal, civil engineer, fire engineer, treasurer, auditor, solicitor, police judge and superintendent of markets. Upon the establish ment of water works the council was required to establish a board of three water works trustees, to hold for three years, and to be elected one each year. Three city commissioners were to be chosen in like manner, to enforce the ordinances of the city, superintend the cleaning, improving and lighting of the streets, commons, etc., and with the mayor and civil engineer to constitute the board of city improvements. The council was empowered to establish within the city or county an infirmary. Its management and the granting of out-door relier were to be placed in the charge of a board of three directors, also elected one each year. A house of refuge, a house of correction and workhouse, or a city prison, could likewise be established, and placed in charge of a board of directors. The annual election was to be held in April, and all persons resident within the city and entitled to vote for county officers were to be electors. Taxation, revenue aad finance. The limit of taxation for general purposes was placed at five mills on the dollar, and for special funds as follows: Police fund, two mills; fire department fund, one mill; house of refuge, house of correction, work house and city prison, one and one-half mills; water works, one-half mill; schools, two mills; city infirmary and poor relief, two mills; sinking fund, one-half mill; interest fund (required), two mills. Taxes could be levied uniforformly on lots, platted or unplatted. A tax on dogs and other animals not on the state and county tax lists was authorized. Loans to the amount of $100,000 annually were permitted, but only in anticipation of revenue. Appropriations, when there were no funds in the treasury to pay them, were to be void. Perhaps the worst feature of this law of 1852, in so far as it was intended to replace special legislation, was the narrow limitation of the borrowing power, and the minute regulation of the tax levy. If any particular city should need to undertake some large enterprise necessitating a loan, the legislature |