Charter of 1851--Its Provisions and
Amendments-Charter of 1872-Charter of 1882-Police
Department-Fire Department-Health Department-Water Works
-Public Buildings-Biographical Sketches of Mayors-List of
City Officials From 1851 to 1890.
In 1851 a Charter was granted to the city
of Portland by the Legislature of Oregon. By
this instrument corporate powers were lodged
in the "People of the city of Portland,"
constituting them "a body politic and
corporate in fact and law" with all
necessary legal privileges. The city limits
were to be fixed by a line beginning at the
northwest corner of the donation claim of
Finice Caruthers, running thence easterly by
the north line of that claim to the river
bank, and by a projection of the same to the
middle of the Willamette; thence northerly
by the middle of the river to the projection
of the north line of Couch's claim; thence
west seventy chains and south to the place
of beginning.
There was little that was peculiar about the
charter. It provided that the officers
should be mayor, recorder, treasurer,
marshal and assessor. There should be a
common council of nine members. All of the
above offices were to be filled by election
of the voters of the city. By appointment of
the city council there were to be city
attorney, street commissioner, city surveyor
and city collector. Election day was fixed
on the first Monday in April, yearly.
Elections were to be by ballot and a
residence in the town of thirty days in
addition to the qualifications of voters in
the then territory, was required. No
election was to be held in a saloon, or any
place where ardent spirits were sold. Proper
provisions for appointment in case of
absences were also made.
The common council was invested with the
usual powers, being authorized to pass
ordinances not in conflict with the
constitution of the State or the United
States; to collect taxes, provide water, and
guard against fires, diseases, nuisances,
and disorders; to license taverns, and all
other forms of business or trade usually put
under some sort of restriction; and to
suppress gambling houses and other immoral
things. Property outside of the city limits
for such necessary purposes as pest house,
water works, etc., might be purchased and
owned. Duties of officers were carefully
specified.
Among provisions likely to be amended was
that forbidding the mayor and members of the
common council to receive pay for their
services; to allow a protest of the owners
of one-third of the property on a street to
stop improvements ordered thereupon, while
two-thirds of the expense of all
improvements of streets was to be borne by
the property adjacent; and the provision
that land within the city limits not laid
out in blocks and lots should not be taxed
by the city.
Among miscellaneous provisions were that
fixing the beginning of the fiscal year on
July 1st; that giving the decision of a tie
vote at any election to the common council;
that no officer in the city government
should have any interest in city contracts;
that an oath of office must be taken and
that any ordinance calling for an
expenditure of above one hundred dollars
must lie ten days before passage.
In 1858 certain amendments were made, by
which the city was to be divided into three
wards, each electing three members to the
council; to allow collection of port dues on
ships and steamers; and to pay the
councilmen three dollars per day for actual
service. In 1860 this provision for paying
councilmen was repealed. In 1862 an
amendment was added, relating principally to
street improvements, providing that half the
expense of such improvements should be borne
by the owners of adjacent property, and that
a protest of the owners of two-thirds of the
property must be obtained to arrest any
street work ordered by the council.
In 1864 the entire instrument was revised
and written in a more perspicuous style. The
limits of the corporation were extended so
as to include the Caruthers Claim. The mayor
was to serve two years; the election was to
be on the third Monday in June. The fiscal
year was to begin with January, the city was
not to incur an indebtedness of above fifty
thousand dollars; a dredger might be owned
and operated by the city on the lower
Willamette. The mayor and the councilmen
should receive no compensation. In 1865 an
amendment was made in regard to laying out
new streets; and constructing sewers and
drains.
In 1872 a new charter was granted, which was
quite a voluminous document, and introduced
many changes. The limits of the city were
extended so as to include the whole of the
Caruthers and Couch claims, and a space
seventy chains and over still to the west.
The city was divided into three wards, the
first including all that portion north of
Washington street; the second, that between
Washington and Main streets, and the third,
all south of Main street. Each ward was to
elect three members to the common council
for three years each. The mayor was to be
elected for two years, and was invested with
the veto power, requiring a two-thirds vote
to pass an ordinance without his approval.
The treasurer and assessor were to be chosen
by the common council, and the attorney,
street commissioner and surveyor were to be
appointed by the mayor, with the consent of
the council. The office of. recorder was
abolished and a police judge was instated to
succeed him. This officer was to serve for
two years, holding regular court, and came
to his position by appointment of the mayor.
The office of marshal was also abolished,
and the police department was placed under
the supervision of three police
commissioners appointed by the governor. The
mayor and council-men were forbidden to
receive a salary, or other compensation; the
rewards of the other officers were
definitely fixed, that of police
commissioner being three dollars per day for
actual service. Special policemen were
allowed, but they were not to receive pay
from the city-being left, it would seem, to
obtain their wages from private persons
asking their services. It has recently been
earnestly recommended to abolish the
"specials."
The street commissioner was invested with
large powers. Street improvements were to be
paid by tax on property adjacent and could
be discontinued upon the remonstrance of
two-thirds of the property holders
interested, Changes of grade were to be paid
for out of the general fund. Taxes, except
for the dredging of the river, were not to
exceed one and one-half per centum of the
assessed value of city property per annum.
The indebtedness of the city was not to
exceed one hundred thousand dollars. The
financial needs of the Police Department
were to be determined by the police
commissioners, and the sum requisite was to
be provided by the common council by tax.
The details of the instrument. are very
minute, and some features, as the last
mentioned, were likely to produce friction
in working.
By the charter of 1882, which, with various
amendments, is still in force, the
boundaries of the city were so extended as
to embrace the Blackistone place on the
north, and some additions on the south and
west, while the middle of the Willamette was
still left as the limit on the east. City
authority is vested in mayor, common council
and board of. police commissioners. The
three wards are continued with substantially
the same boundaries as before, each of which
is entitled to three members in the common
council. Councilmen, mayor and treasurer
come to their office by vote of the electors
of the city. The auditor is elected by the
common council, holding his term at their
pleasure. The attorney, street
superintendent and surveyor are appointed by
the mayor, with the consent of the council,
and are removable for cause. Election is the
third Monday in June. A residence of six
months in the city and of ten days in the
ward, in addition to qualifications as
elector of the State, is required of the
voter. Careful rules of election and
regulations as to vacancies and absences are
provided.
The common council is invested with ample
powers to carry on the business of the city,
to secure good order, to regulate dangerous
occupations, to prevent the introduction and
spread of disease, and to suppress nuisances
and immoral business. Authority is granted
to impose a tax of three mills for general
municipal purposes, and three and a half
mills each for the support of the paid Fire
Department and of the Police Department.
Assessments of property in the city are made
according to the assessment rolls of
Multnomah County.
The mayor is the general head of the city
government, making an annual message to the
common council, in which he reports upon the
state of the city and recommends such
measures as he deems proper. No ordinance
may become a law without his approval unless
passed subsequently by a two-thirds vote of
the council. The treasurer is held to keep a
strict account of the funds of the city, and
the auditor keeps full record of all
warrants and bills, issues licenses and
makes annual lists of all property subject
to taxation. The city attorney attends upon
all actions to which the city is a party,
prosecutes for violation of city ordinances,
and prepares for execution all contracts,
bonds or other legal instruments for the
city. The street commissioner exercises a
general care over the streets, the public
squares and the parks; supervises surveys,
and requires improvements ordered by the
council to be fully and faithfully
completed.
The Police Department is under the police
commissioners, who are elected by the voters
of the city and serve without salary. They
organize and supervise the police force. The
police judge, however, who must be an
attorney of the degree of an attorney of the
Supreme court of the State, and whose court
is of the degree of that of justice of the
peace, is appointed by the mayor, with the
consent of the common council. He has
jurisdiction of all crimes defined by city
ordinance. His salary is not to exceed $2000
per annum. All police officers are strictly
forbidden to receive compensation other than
that provided by ordinance, under the
general regulation.
The Fire Department is under three
commissioners who are appointed by the mayor
with the consent of the council. Their term
of office is for three years. Compensation
of all officers or employees of the Fire
Department is prescribed in the legislative
act erecting the same.
The City Water Works are, by this charter,
placed in the hands of a committee appointed
by the legislature with the power to fill
all vacancies occurring in their own body.
They are independent of all other
departments of the city government.
A fuller account of these two latter
departments is given further down in this
volume.
Police Department
Much care and expense have
been bestowed on the police department.
There is difficulty always in a city in
securing enforcement of the laws against
certain forms of vice and immorality. These
often find refuge in the cupidity of
property-owners and others and the law can
seldom be enforced with vigor. But on the
whole good order is maintained in Portland.
The police force of the city consisted at
first simply of the marshal. As his duties
became too great for his personal attention,
deputies were appointed by him, or by the
council.
By the Act of 1872 a regular police system
was inaugurated. The office of marshal was
abolished, and the management was given to a
board of three police commissioners holding
office three years, elected each year in
order. The board was to be responsible to
the people only. The office of recorder was
succeeded by that of police judge, who was
first appointed by the mayor. The system
remains substantially as at the present
time. The expenses of the department are to
be determined by the commissioners and the
necessary sum may be raised by the common
council by tax not to exceed 3 1/2 mills.
Below are given the names of the policemen
from 1872, the time of the new order. The
names of marshals and judges will be found
in the list of city officers.
1872. Police Commissioners-A. B. Hallock,
Pres., W. P. Burke, Eugene Semple. Chief-J.
H. Lappeus. Police-J. R. Wiley, first
captain; A. B. Brannan, second captain; H.
M. Hudson, W. M. Ward, D. Norton, D. Walton,
B. P. Collins, J. W. Kelly, C. F. Schoppe,
T. Burke, Thos. Gale. Specials-W. M. Hickey,
B. O'Hara, J. M. McCoy, M. F. Sherwood, Paul
Marten. Poundmaster---Charles Lawrence.
1873. Police Commissioners-A. B. Halleck, W.
P. Burke, ,O. Risley. Police- J. H. Lappeus,
chief; J. R. Wiley, A. B. Brannan, captains;
Thos. Burk, J. W. Kelly, C. F. Scheppe, D.
Norton, J. Corcoran, H. M. Hudson, J. K.
Mercer, B. P Collins, J. D. Yates, O. D.
Buck, A. J. Barlow, F. Reardon, M. T.
Sheehan, B. O'Hara, J. M'Coy, J. Sloan. P.
Shea, J. O'Neil, P. Martin.
1875-6. Police Commissioners-Shubrick
Norris, J. R. Foster. M. S. Burrell. Police
-J. H, Lappeus, chief; B. P. Collins, J.
Sloan, captains; Thos. Burke, A. B. Brannan,
B. T. Belcher, Chas. Gritzmacher, J. W.
Kelly, J. T. Watson, J. W. Hain, H. M.
Hobson, J. S. Hamilton. Specials-J. McCoy,
B. O'Hara, M. T. Sheehan. Poundmaster-Charles
Lawrence.
1877-8. Police Commissioners-R. R. Riley,
Wm. Connell, E. W. Connell. Police-Chief, L.
Besser; H. S. Allen, J. W. Kelly, captains;
C. P. Elwanger, H. M. Hudson, J. W. Kelley.
Specials J. McCoy, Barny O'Hara, M. F.
Sheehan, C.W. Howard. Poundmaster-M. B.
Wallace.