CITY COUNCIL You are hereby advised that I am hereby calling a special meeting of the council of the city of Cleveland, to be held Friday, February 14, 1919, at 10 o'clock Council chamber, for the purpose of m., in the sidering and acting upon the folowing subjects: fi a. 1. "An ordinance to make appropriations for the current expenses and further expenditures of the city of Cleveland for the year ending Deember 31, 1919." 2. "An ordinance amending secion 146 of the revised ordinances of 1997, of the city of Cleveland, as Atended by ordinance No. passed February 25, 1918." department). 46196. (Police 3. "An ordinance to amend secton 149 of the revised ordinances of 20, of the city of Cleveland, as amended by ordinance No. Tassed February 18, 1918." department). You are 46197, (Fire respectfully requested to be present at this meeting without fail. Very truly yours, HARRY C. GAHN, President of the Council. Cleveland, O., Feb. 10, 1919. Receipt of the notice of the special eting of the council of the city of Cleveland to be held Friday, Feb ary 14, 1919, at 10 o'clock a. m., in the council chamber, is hereby acknowledged by me on this date. Harry C. Gahn. Dan Carroll. S. B. Michell. John P. Becker. Frank J. Faulhaber. Stanley F. Dembowski. Cuyahoga County } SS. Charles V. Dickerson, being first duly sworn, deposes and says that he served a copy of the above notice personally upon each of the following at the time set after their names: Harry C. Gahn, February 10, 1919, 4:00 p. m. Dan Carroll, February 10, 1919, 4:00 p. m. S. B. Michell, February 10, 1919, 7:00 p. m. John P. Becker, February 10, 1919, 7:00 p. m. Frank J. Faulhaber, February 10, 1919, 7:00 p. m. John A. Braschwitz, February 10, 1919, 7:00 p. m. Stanley Dembowski, February 10, 1919, 7:00 p. m. A. R. Dittrick, February 10, 1919, 7:00 p. m. Chas. A. Kadlecek, February 10, 1919, 7:00 p. m. E. H. Krueger, February 10, 1919, 7:00 p. m. Wm. Rolf, February 10, 1919, 7:00 p. m. Frank Soika, February 10, 1919, 7:00 p. m. Wm. Thompson, February 10, 1919, 7:00 p. m. Thomas W. Flemineg, February 10, 1919, 7:00 p. m. John W. Reynolds, February 10, 1919, 7:00 p. m. Jas. J. McGinty, February 10, 1919, 7:00 p. m. John M. Sulzmann, February 10, 1919, E:00 p. m. C. C. Townes, February 10, 1919, 7:00 p. m. J. R. Zmunt, February 10, 1919, 7:00 p. m. E. A. Meyers, February 10, 1919, 7:00 p. m. Herman H. Finkle, February 10, 1919, 7:00 p. m. M. H. Gallagher, 1919, 7:00 p. m. a copy of the above notice by leaving the same at the usual place of residence of each at the time after their names: set A. J. Damm, February 13, 1919, 10:10 a. m. CHAS. V. DICKERSON. Sworn to before me and subscribed in my presence this 14th day of February, A. D., 1919. (Seal) C. J. BENKOSKI, Notary Public. An ordinance to make appropriations for the current expenses and other expenditures of the city of Cleveland, for the year ending December 31, 1919. Passage recommended by the director of finance, committee on appropriations, finance and director of law as an emergency measure when amended as follows: general In that part of the ordinance named "General Fund, Estimated Receipts, 1919" by deducting from the estimated receipts to fund from general property tax, one million nine hundred sixty-three thousand ($1,963,000.00) dollars, certificate of indebtedness and adding as the last item in said estimated receipts certificate of indebtedness one million nine hundred sixty-three thousand ($1,963,000.00) dollars. Amendment agreed to. Mr. Meyers offered the following amendment. Strike out in section 25-B the words and figures "$100,000.00" and insert in lieu thereof the words and figures "$90,000.00” and insert in section 95-miscellaneous, the words and figures "$10,000.00 for continuous audit." Amendment not agreed to. Those who voted in the affirmative are: Messrs. on fire and police, finance, director of finance and director of law as an emergency measure. Mr. Stannard offered the following amendments: That section 6 be amended by striking out the words and figures "two thousand five hundred fourteen dollars and sixty cents ($2,514.60)" and inserting in lieu thereof the words and figures "two thousand five hundred forty-one ($2,541.00) dollars." That section 7 be amended by striking out the words and figures "two thousand five hundred fourteen dollars and sixty cents ($2,514.60)” and inserting in lieu thereof the words and figures "two thousand five hundred forty-one ($2,541.00) dollars." That section 9 be amended by striking out the words and figures "two thousand five hundred and fourteen dollars and sixty cents ($2,514.60)" and inserting in lieu thereof the words and figures "two thousand five hundred and forty-one ($2,541.00) dollars." Amendments agreed to. The rules were suspended. Yeas 22, nays 0. Read third time. Absent: A. B. Sprosty, Director of Public Safety. Floyd E. Waite, Director of Parks and Public Property. MOTION On motion of Mr. Meyers the reading of the minutes of the last meeting was dispensed with and the journal was approved. MOTIONS By Mr. Gahn. That the absence of Mr. Damm from the meeting of February 10, 1919, be authorized and excused, Carried. Yeas 21, nays 0. By Mr. Gahn. That the absence of Messrs. Damm, Hinchliffe, Krueger and Rolf from the special meeting of February 14, 1919, be authorized and excused. COMMUNICATIONS File No. 48595. CITY OF CLEVELAND In response to council resolution file No. 48179, by Mr. Michell, relative to the progress of work in connection with the grade crossing elimination along the line of the New York, Chicago and St. Louis railroad, between Fulton rd. and Detroit ave., I beg to advise that the engineer's department has been recently informed by representatives of the railroad company that it is the intention to proceed with the work in accordance with the following program. The sewer construction to proceed as fast as possible along the lines now under construction, namely, along the railroad right of way westerly of Lorain ave. and also easterly of W. 58th st. These two sections of sewer are now under construction and making reasonably rapid progress. The completion of the sewer at the location of proposed bridges should precede the construction of the latter. It is important, therefore, that the progress of construction should be rapid as to permit the building of bridges sewer SO as soon as the construction of the sewer has been carried by the location of such bridges. At the present time bridge construction could be undertaken at W. 85th st. and at W. 53rd st., the sewer work having been completed at both of these locations. It is expected that about June 1st sewer construetion will have been completed as far as W. 65th st. in a westerly direction, and as far as W. 41st st. in an easterly direction, thereby permitting the construction of the bridge foundations at these two locations about June 1st. It is proposed to provide two fully equipped construction parties which will work simultaneously at the two bridge locations and to complete the bridge construction as rapidly as such organization permits. Under this suggested program the bridges at W. 85th st., W. 65th st., W. 53rd st. and W. 41st st. should be completed during the year 1919, with possibly some additional work having been begun at other locations. Lorain ave., although an important thoroughfare, is now well provided with a temporary bridge, and therefore the railroad company's representatives have suggested that this location be undisturbed by bridge construction until the steel for this bridge has been manufactured, so that there may be no delay in the construction of the bridge when the proper time to build same arrives. Under present conditions, with due consideration as to progress of the work providing for street traffic generally in the district affected, and also to economy, it would seem that the program as suggested by the railroad company should be followed. If, therefore, this program is satisfactory to the council, we have been assured by the railroad officials that the work can be begun by April 1st or before. Respectfully submitted, ALEX BERNSTEIN, Received. File No. 48596. CITY OF CLEVELAND February 15, 1919. In reply to your resolution No. 48588, asking certain questions regarding the rights of the council in connection with the telephone_companies operating in this city, I beg to submit the following reply: 1. Has the council of the city of Cleveland, through the department of law, the right to demand a rehearing of the case before the public utilities commission on the schedule of rates now in effect in Cleveland? The city has no right, under the public utilities act, to demand a rehearing before the public utilities commission of the case in which the schedule of rates and installation of metered service was approved by the commission. This hearing was undertaken on the initiative of the commission itself. The utilities commission act provides in section 614-21 as follows: "Upon complaint in writing, against any public utility, by any person, firm or corporation, or upon the initiative or complaint of the rate, fare, commission that any charge, toll, rental, schedule, classification or service, or any joint rate, fare, charge, toll, rental, schedule, classification or service rendered, charged, demanded, exacted or pro- By section 614-23 it is provided may change existing rates or method of service if the same are improper or unreasonable. The commission has held in a filed in accordance with section 2 Has the council the right to Under the decision of the supreme urt in the case of Cleveland Telephone Company vs. The City of Cleveland, 98 O. S. page 1, any orurance of the council attempting to "gulate the method of checking ex* calls, or to compel the installaton of some new system in connecon therewith, would be in conflict with the public utilities act which Confers jurisdiction over this subJet matter in the public utilities Commission of Ohio, and would be void and unconstitutional. In my opinion, the utilities comission of Ohio is the only body which has power to effect the obets of question two, and the couneil is without any authority in the premises. 3. Has the general assembly of the state of Ohio, now in session, the power to amend existing laws or to enact new laws which will give to home rule cities in Ohio the right and power to fix telephone rates and control service? In the case above referred to, the Supreme court has held that the regulation of rates is an exercise of the police power, and I am of the pinion that they would rule likeWise on the question of service. The court further held that under the home rule amendment the city of Cleveland could not enact any poire regulations in conflict with the acts of the state legislature. power to regulate rates and control The service is now vested in the public ilities commission of Ohio. by vir of the enactments of the state gislature. It is, therefore, apparent that the legislature by amend ing these enactments may confer The legislature could very easily Respectfully submitted, this W. S. FITZGERALD, CITY OF CLEVELAND Gentlemen: Replying to resolution No. 48202 asking whether the telephone compenies in the city may be compelled by the council 1st. To install automatic telephone machines wherein the cost of the call can be deposited when made? 2nd. To install automatic registering telephone machines that will record the number of calls made? 3rd. To render an itemized bill for all excess telephone calls, showing the date and party called: I have the honor to advise you In Respectfully submitted, STATE OF OHIO Columbus February 10, 1919. Mr. C. J. Benkoski, This will acknowledge receipt of Cleveland January 27th, and approved by the mayor February 3d, 1919, requesting that the of governor Ohio instruct the attorney general to investigate all phases of crime and the administration of criminal justice in the city of Cleveland and Cuyahoga county. In this connection permit me to inform you that under authority given in an act of legislation passed and by understanding entered into by the governor and the attorney general, after consultation with the president of the Cleveland Chamber of Commerce and the president of the Cuyahoga County Bar Association, a special investigation has been ordered to be conducted by the Honorable W. L. Day and the Honorable R. D. Wilkin, who have been named for the purpose by the attorney general of the state. With every good wish. I am, Very truly yours, CHAS. E. MORRIS, Secretary to the Governor. Received. File No. 48599. THE CITY OF LORAIN, OHIO Lorain, Ohio, February 8th, 1919. The council of the city of Lorain, Ohio, passed the following resolution which is believed to be very important at this time and if the same meets with your approval we would urge that you redraft the same to fit your local conditions and join in an effort to obtain legislation covering the matters involved in the resolution: "Section 1. That the legislature of the state of Ohio be and they are hereby petitioned to repeal all sections of the general code of Ohio requiring the publication of ordinances, resolutions, notices of sale, and legal advertising in German newspapers and requesting that the legislature of Ohio pass legislation requiring that all instructions in public, private and parochial schools be given only in the English language. Sec. 2. That the clerk of council be and he is hereby authorized and directed to forward certified copies of this resolution to Honorable William L. Hughes, Honorable William R. Cummings and Honorable J. N. Stone. Sec. 3. This resolution shall take effect and be in force from and after its passage." Respectfully. C. E. VAN DEUSEN, February 12, 1919. We wish to file a complaint against the Cleveland Telephone Co., for excessive charges on telephone rental for measured service. The first of the month we were presented with a bill for three hundred and four (304) over calls amounting to $10.12. We are allowed sixtyeight (68) calls and the average number of calls that we have in our office does not exceed six (6) per day. We have taken this matter up with the Cleveland Telephone Co. a number of times for the excessive charges but we don't seem to be able to get any satisfaction at all, as they take the stand that their records are absolutely correct. It would seem to us that the subscribers ought to have some way of being protected as to their rights Under the present conditions we are simply forced to pay for whatever No. 25-To construct a water main in Temblett ave. N. E. and E. 117th st., between east line of Lakeview rd. N. E. and north line of Durant ave. N. E. Amount for city's portion..$ 1,384.89 ESTIMATED ASSESSMENTS February 14, 1919. of the City of Cleveland: The undersigned board of revision of assessments having met at the time and place designated in the notices served for the following improvement, after careful consideration approved the estimated assessments as they now stand, and the improvement being deemed necessities recommended that the necessary legislation to proceed and assess a tax therefor be enacted: Rugby rd. N. E., from Rodman ct. to E. 134th st.; paving. 10584. West 88th st., from Denison ave. to Almira ave.; paving. 10582. Giddings rd., from Superior ave. to Wade Park ave.; paving. 10588. Helena ave., from E. 105th st. to Parkwood dr.; paving. 10590. E. 71st st., from Lexington ave. to Hough ave.; paving. 10586. Curtiss ave., from E. 55th st. to E. 59th st.; re-su. 10596. E. 108th st., from Union ave, to Elliott ave.; paving. 10598. Mohawk ave, from E. 185th st. to E. 200th st.; water main. 10594. Behrwald ave., from W. 45th st. to city limits; water main. 10592. HARRY L. DAVIS, Mayor. Resolved, by the council of the city of Cleveland, state of Ohio: Section 1. That it hereby declares the necessity for and its intention to appropriate to public use for park and boulevard purposes, the following described parcel of land, to-wit: Situated in the city of Cleveland, county of Cuyahoga and state of Ohio, and known as being sublots number nineteen (19), twenty (20), twenty-one (21), twenty-two (22), twenty-three (23), twenty-four (24), twenty-five (25), twenty-six (26), twenty-seven (27), twenty-eight (28), twenty-nine (29), thirty (30), thirty-one (31), thirty-two (32), thirty-three (33), thirty-four (34), thirty-five (35), thirty-six (36), thirty-seven (37), thirty-eight (38), thirty-nine (39), forty (40), fortyone (41), forty-two (42), sixty-two (62), sixty-three (63), sixty-four (64), sixty-six (66), sixty-seven (67), fifty-nine (59), sixty (60), sixty-one (61) and sixty-five (65), in Rock and Parker's subdivision of a part of original lot number three hundred and twenty-six (326) said city, the plat of which is recorded in volume eight (8), page 17 of Cuyahoga county records. Being the premises described in the deed to the Cleveland and Youngstown Railroad Company as recorded in volume 1492, page 617, Cuyahoga county records. Ord. No. 48537. An ordinance to vacate a portion of E. 33rd st., hereinafter described. Passage recommended by the director of public service, committee streets, city property and director of law. Read second time. The rules were suspended. Yeas 22, nays 0. Read third time. Passed. Teas 22, nays 0. in Sec. 2. That immediately upon the passage of this resolution, the mayor shall cause written notice to be given as required by law, and that Herman Puls is hereby designated to serve such notice and make return thereof according to law. Read third time. Adopted. Yeas 22, nays 0. NEW RESOLUTIONS ADOPTED. File No. 48625. Mr. Finkle. Resolved, that the director of parks and public property place the necessary are lights on E. 25th st., between Pittsburgh ave. and Broadway ave., to properly light street. Adopted. said re File No. 48626. Mr. Finkle. Resolved, that the director of parks and public property be quested to place the necessary are lights on the corner of Outhwaite ave, and E. 46th st., to properly light said street. Adopted. File No. 48627. Mr. Finkle. re Resolved, that the director of parks and public property be quested to place the necessary arc lights on the corner of Outhwaite ave, and E. 49th st., to properly light said street. Adopted. File No. 48628. Mr. Finkle. of re that the director parks and public property be quested to place the necessary are lights on the corner of Outhwaite ave. and E. 50th st., to properly light said street. Adopted. File No. 48629. Mr. Thompson. Resolved, that the director of parks and public property be and he is hereby requested to place the necessary arc lights on E. 72nd st., between Deveny ave. and Rathburn ave., to properly light said street. Adopted. File No. 48630. By Mr. Caldwell. land Telephone Company of overcharges; and Whereas, subscribers have been unable to secure a satisfactory adjustment of their complaints at the hands of the Cleveland Telephone Company; and Whereas, there is continued complaint by subscribers of the Cleve that the Whereas, it appears method of measuring or metering telephone calls is not efficient or reliable, but on the contrary permits of gross abuses; and Whereas, the Cleveland Telephone Company is unable, on account of the unsatisfactory method used, to account for any of the calls over a subscriber's line, especially a party line; therefore, Be it resolved by the council of the city of Cleveland, state of Ohio: That the public utilities committee be and is hereby instructed to at once make a careful and complete investigation and report its findings thereon, of the whole subject matter of telephone charges with a view of determining the following: Whereas, it has come to the attention of certain officials that the pension funds for the police and fire departments upon which proximately 415 retired policemen and firemen and 213 dependents of deceased police and firemen depend as a means of income for livelihood is not adequately provided for during 1919; and Whereas, some immediate action is necessary in order to prevent suffering in the homes of these persons who depend upon the pension funds; and Whereas, in order that city couneil may act intelligently in the way of attempting to make proper provision for these funds; therefore Be it resolved by the council of the city of Cleveland, state of Ohio: That the director of public safety be and he is hereby authorized and instructed to report to city council the exact status of these funds and any recommendations he might have for bringing about the necessary relief. Adopted. File No. 48632. By Mr. Finkle. Whereas, the city of Cleveland conveyed to the public library board the old city hall property on Superior ave, for library purposes; and Whereas, the people of Cleveland approved a bond issue of two million ($2,000,000.00) dollars to construct a library building; and Whereas, due to the war, construction work has been postponed; and Whereas, it is now reported that thousands of people are out of employment in this city; and Whereas, if said construction work on said building could be started at an early date it would necessarily give employment to hundreds of men; therefore Be it resolved by the council of the city of Cleveland, state of Ohio: That the members of the public |