REPORT OF COMMISSIONERS 
 
 ON 
 
 Proposed Draft of New City Charter 
 
 FOR 
 
 City of Portland, Maine 
 
 1896 
 THE THURSTON PRINT 
 
 PORTLAND, ME. 
 

 To the Honorable the City Council of the City of Portland : — 
 
 The undersigned, who wen- appointed by vote of the City 
 Council, Commissioners to prepare a draft of a new Charter, 
 respectfully report the accompanying draft, with the following 
 explanations : — 
 
 It has been the [impose of the Commissioners to make no 
 changes in the present Charter, except in matters where the 
 Commissioners were unanimously of the opinion that better 
 results could be secured by the changes proposed. The most 
 important changes are the following: — 
 
 1. A single board of fourteen Aldermen is established, in- 
 stead of two boards as at present. This change is recom- 
 mended by the Commissioners, because it assimilates the 
 management of a municipal corporation to that of a business 
 corporation, and is believed to be in accord with the best 
 thought and practice in this matter. The adoption of two 
 boards is an imitation of our national and state form of gov- 
 ernment, which in its legislative branch consists of two bodies, 
 with an important distinction omitted in our present Charter, 
 which is, that the two bodies shall be elected by different 
 constituencies. Our present boards are elected by the same 
 constituency, and form no real check upon each other. Upon 
 important matters, the members of both boards meet together, 
 and might as well, so far as all practical results are concerned, 
 vote together. In addition to the above, the fact that the 
 Board of Aldermen are the municipal officers of the city, and 
 by a recent law are vested with the direction and control of 
 all subordinate city officers, necessarily makes the Common 
 Council an unimportant adjunct of our municipal government. 
 
 2. The Commission recommends that the time of holding 
 the municipal electioi s be changed from the first Monday in 
 March to the second Monday of December. This change is 
 important in the interest of good business management, as it 
 gives opportunity for a careful preparation of estimates and 
 
 M19491 
 
•tl{e;ptl^age.'0.f appropriation bills in season for necessary work 
 to be commenced early in the spring, and not to be delayed, 
 as often occurs in the present practice till late in June. 
 
 3. The Commission recommends that the Mayor be elected 
 by a plurality, instead of a majority vote. All state officers 
 are now elected in that way, and the requirement of a major- 
 ity, as in our present Charter, is an anomaly. They also rec- 
 ommend that the term of office of botli Mayor and Aldermen 
 be for two years, one-half of the latter being elected annually. 
 This change is iii line with modern charters and secures con- 
 tinuity in municipal work. 
 
 4. The Commission recommends a return to the former 
 method of electing the members of the School Committee at 
 large, instead of on ward tickets. Experience has shown that 
 the larger the constituency, the wider is the choice, and the 
 greater is the probability of care in the selection of candidates 
 for offices. There are many reasons why in the selection of 
 members of the School Board, the choice should not be limited 
 by ward lines. 
 
 5. The Commission recommends that the Board of Over- 
 seers of the Poor shall be reduced to seven members, one of 
 whom shall be elected from each of the wards. The reduction 
 of the Board from fifteen to seven members, is believed to be 
 in the direction of greater efficiency, and the election by wards 
 may obviate some existing disadvantages. 
 
 6. The proposed draft enlarges the power of the Mayor in 
 the appointment of executive officers, and gives him the power 
 to appoint the City Marshal, the Commissioner of Public 
 Works, the Fire Commissioner, and the Commissioner of Cem- 
 eteries and Public Grounds, without confirmation. This 
 change is believed to be in the interest of better administra- 
 tion of public affairs, and is in line with modern charters. 
 Divided responsibility does not give good results in an execu- 
 tive office. The Mayor, as the chief executive officer of the 
 city, should have power commensurate with his responsibility, 
 in the selection of the heads of important executive depart- 
 ments. 
 
7. The Mayor is given the power to remove all officers ap- 
 pointed by him, for such cause as he shall deem sufficient, and 
 •hall assign in writing in his order for removal, which is to be 
 filed with the City Clerk and to be open to public inspection. 
 The power of removal is as important as the power of ap- 
 pointment, if harmonious relations are to exist between the 
 chief executive and the heads of executive departments, and 
 weighty reasons only would lead to such removal among the 
 Mayor's own appointees. 
 
 8. The Mayor is given the right to veto items in appropria- 
 tion bills, without being obliged, as at present, to veto the 
 whole bill. The propriety of this change is obvious, and needs 
 no detailed explanation. 
 
 9. In the Police Department, the Deputy Marshals are to 
 be appointed by promotion from the Patrolmen, and like the 
 latter to hold office during good behavior. All members of 
 the force except the City Marshal (who is removable by the 
 Mayor at pleasure as at present), are to hold office during good 
 behavior, but subject to removal by the Mayor for any cause 
 he may deem sufficient and shall assign in writing in his order 
 for removal, which is to be filed with the City Clerk and to be 
 open to public inspection. The Commission believes that the 
 Mayor should have the power of removal of any Police Officer 
 when he is satisfied that the best interests of the Department 
 require it, as he is made responsible for the efficiency and dis- 
 cipline of the Department. Experience has shown that the 
 discipline of the Police Department has been unfavorably af- 
 fected by the difficulty of removal of innefficient members, 
 under the present law. With the present safeguards against 
 the creation of vacancies for political purposes afforded by the 
 law requiring appointments to be made from a list certified by 
 the Police Examining Board, the danger of arbitrary removals 
 is greatly limited. No good reason has suggested itself why 
 the Deputy Marshals should not have the same tenure of office 
 as that of the men under them. The present system has not 
 tended to maintain the discipline of the Department. The 
 Deputy Marshals are looked upon as temporary men. Pro- 
 
motion from the ranks will tend to stimulate individual effort 
 and ambition. 
 
 10. The Fire Department is put in charge of a Fire Com- 
 missioner, who shall appoint the Chief Engineer and Assistants. 
 This change is in line with modern thoight and experience, 
 which point to the conclusion that the efficiency of a Depart- 
 ment is increased by placing it under a single responsible head. 
 
 11. The Department of Cemeteries and Public Grounds, 
 not including, however, Evergreen Cemetery, is placed in 
 charge of a single Commissioner, for the reason above stated. 
 If it is desirable to make the change in Evergreen Cemetery, it 
 may be done on application to the Legislature. 
 
 12. No change is made in the law relating to sidewalks and 
 to drains and sewers, the present law being deemed satis- 
 factory. 
 
 The Commissioners have examined carefully various schemes 
 of proportionate representation, and while they recognize some 
 advantages which attach to them and may lead to the ultimate 
 adoption of spme matured plan, they do not believe that the 
 time is ripe for so radical a change, and have not, therefore, 
 attempted to deal with it in this report. 
 
 Charles F. Libby. 
 
 Edward B. Winslovv. 
 
 Wilford G. Chapman. 
 
DRAFT OF PROPOSED CITY CHARTER. 
 
 Sect. 1. The inhabitants of Portland shall continue to be corporate 
 
 Powers. 
 
 a body politic and corporate by the name of the City of Portland, 
 and as such, shall have, exercise, and enjoy all the rights, im- 
 munities, powers, privileges, and franchises, and shall bejsubject 
 to all the duties and obligations provided for herein or other- 
 wise now appertaining to, or incumbent upon, said city, or the 
 inhabitants or municipal authorities thereof ; and may ordain 
 reasonable by-laws, and regulations for municipal purposes, and 
 impose penalties for the breach thereof, not exceeding one hun- 
 dred dollars, to be recovered for L such uses as the Board of 
 Aldermen may appoint. 
 
 Sect. 2. The administration of all the fiscal, prudential, and Government 
 municipal affairs of said city with the government thereof, shall 
 be vested in the Mayor, as the chief executive officer, and a 
 council of fourteen, to be called the Board of Aldermen, all of 
 whom shall be inhabitants of said city, and shall be sworn or 
 affirmed in the form prescribed by the Constitution of the State 
 for state officers. 
 
 Sect. 3. The city shall remain divided into seven wards as 
 
 W&rds 
 
 they now exist, and it shall be the duty of the Board of Alder- 
 men, not oftener than once in ten years,to revise, and if it be need- 
 ful, to alter such wards, in such manner as now provided by law, 
 as to preserve, as nearly as may be, an equal number of voters 
 in each. In each of said wards, at the annual municipal election, 
 
 *■ Warden and 
 
 there shall be chosen by ballot, a Warden and Clerk, who shall clerk - 
 hold their offices for one year, from the Monday following their 
 election, and until others shall have been chosen and qualified 
 in their places. Said Warden and Clerk shall be sworn or af- 
 firmed to the faithful performance of their respective duties by 
 any justice of the peace ; and a certificate of such oaths or af- 
 firmations having been administered shall be entered by the 
 
6 
 
 Clerk on the records of the ward. The Warden shall preside at 
 all ward meetings, with the powers of moderators of town 
 meetings. If at any meeting the Warden shall not be present, 
 or shall refuse to preside,, the Clerk of such ward shall call the 
 meeting to order and preside until a Warden pro tempore shall 
 be chosen. If both are absent, or shall refuse to act, a Warden 
 and Clerk pro tempore shall be chosen. The Clerk shall record 
 all proceedings, and certify the votes given, and deliver over to 
 his successor in office, all such records, together with all other 
 documents and papers held by him in said capacity. The 
 voters of each ward may choose two persons to assist the 
 Warden in receiving, sorting, and counting the votes at all 
 elections, 
 island wards. Sect. 4. The several islands within the City of Portland, 
 so far constitute two separate wards as to entitle the voters of 
 each of said wards to choose a Warden, Ward Clerk, and one 
 Constable, who shall be residents of said islands and of their 
 respective wards. The Warden and Ward Clerk shall be 
 sworn or affirmed to the faithful performance of their duties 
 and shall hold office for one year from the Monday following 
 their election and until others shall have been chosen and quali- 
 fied in their places. The first of said wards comprises Long 
 Island, Crotch Island, Hope Island, Jewell's Island, and Little 
 Chebeague Island, or such parts of said islands as are within 
 the City of Portland, and the ward meetings of said first ward 
 shall be held on Long Island. The second of said wards com- 
 prises the remaining islands within the City of Portland, and 
 the ward meetings of said second ward shall be held on Peak's 
 Island. The electors of each of said wards may meet as pro- 
 vided in section forty-one of chapter four of Revised Statutes, 
 and also for the choice of city officers, at the place designated, 
 and may, on the day of election, vote for all officers named in 
 the warrant calling the meeting. 
 
 Said Warden shall preside impartially at said meetings, re- 
 ceive the votes of all electors present, sort, count, and declare 
 them in open meeting and in'presence of the Clerk, who shall 
 make a list of the persons voted for with the number of votes 
 
for eacli person against his name, and the offices respectively, 
 and in open ward meeting and in presence of the Warden, 
 shall make a fair record thereof; a fair copy of this list shall 
 be attested by the Warden and Clerk, sealed up in open meet- 
 ing, and delivered to the Clerk of ward number one in Portland 
 within eighteen hours after closing the polls, and the votes 
 thus thrown shall belong to the last mentioned ward. 
 
 Sect. 5. The Ward Clerk of each ward, within twenty- Duties of 
 
 Ward Clerk. 
 
 four hours after any election, shall deliver to the persons 
 elected, in said ward, certificates of their election, and shall 
 forthwith deliver to the City Clerk a certified copy of the rec- 
 ord of such election, a plain and intelligible abstract of which 
 shall be entered by the City Clerk on the city records. If the 
 choice of any such officers is not effected on that day, the 
 meeting shall be adjourned to another day (not more than two 
 days thereafter), to complete such election, and may so adjourn 
 from time to time, until the election is complete. The Board 
 of Aldermen shall, as soon as conveniently may be, examine 
 the copies of the records of the several wards, certified as afore- 
 said, and shall cause the person who shall have been elected 
 Mayor by a plurality of the votes given in all the wards, to be 
 notified in writing of his election. But if it shall appear that 
 no person shall have been so elected, or if the person elected 
 shall refuse to accept the office, the said Board shall issue their 
 warrants for another election; and in case the citizens shall 
 fail on second ballot to elect a Mayor, the Board of Aldermen 
 in convention shall, from the four highest candidates voted for 
 at the second election and returned, elect a Mayor for the ensu- 
 ing term of two years; and in case of a vacancy in the office 
 of Mayor by death, resignation, or otherwise, if such vacancy 
 occurs before the last six months of said term, it shall be filled 
 for the remainder of said term by a new election in the man- 
 ner hereinbefore provided for the choice of said officer. If a 
 vacancy occurs in the last six months of said term, the Chair- 
 man of the Board of Aldermen shall act as Mayor for the unex- 
 pired term, but shall not have the veto power. 
 
Ward 
 
 Meetings. 
 
 Municipal 
 Election. 
 
 Election of 
 City Officers. 
 
 General 
 Meetings. 
 
 Sect. 6. All ward meetings shall be notified and called by 
 warrant from the Mayor and Aldermen, in the manner pre- 
 scribed by law for notifying and calling town meetings by the 
 selectmen of towns. 
 
 Sect. 7. The municipal election shall take place annually 
 on the second Monday of December, and the municipal year 
 shall begin at ten o'clock in the morning, on the first Monday 
 of January next following, and continue until ten o'clock in 
 the morning of the first Monday of January next following. 
 
 Sect. 8. At said municipal election the inhabitants of the 
 city, voting in their respective wards, shall give in their votes 
 by ballot for Mayor and members of the Superintending School 
 Committee, and, in each ward, for members of the Board of 
 Aldermen, or such of them as are to be elected, members of 
 the Board of Overseers of the Poor, or such of them as are to 
 be elected, a Warden and Clerk and two Constables for such 
 ward. The person receiving the highest number of votes for 
 any of said offices shall be deemed and declared to be elected 
 to such office, and whenever two or more persons are to be 
 elected to the same office, the several persons up to the num- 
 ber required to be chosen, receiving the highest number of 
 votes, shall be deemed and declared to be elected. Members 
 of the Board of Aldermen, members of the Board of Overseers 
 of the Poor, the Warden, Ward Clerk, and Constables, shall, 
 when elected, be residents of the wards electing them. All city 
 and ward officers shall be held to discharge the duties of the 
 offices to which they have been respectively elected, notwith- 
 standing their removal after their election out of their respec- 
 tive wards into any other wards in the city ; but they shall not 
 be so held after they have taken up their permanent residence 
 out of the city. 
 
 Sect. 9. General meetings of the citizens qualified to vote 
 in city affairs, may from time to time be held to consult upon 
 the public good, to instruct their representatives, and to take 
 all lawful measures to obtain redress of any grievances, accord- 
 ing to the right secured to the people by the Constitution ; and 
 such meeting shall be called by the Mayor and Aldermen 
 
upon requisition of sixty qualified voters. The City Clerk 
 shall act as clerk of such meetings, and record the proceedings 
 upon the city records. 
 
 Sect. 10. The qualified voters of said city shall, at the Election 
 first annual election held under this act, give in their votes in of Mayor, 
 their respective wards for one able and discreet person, being 
 an inhabitant of the city, to be Mayor for the term of two 
 years from the first Monday in January following his election, 
 and until his successor is chosen and qualified. At said first 
 municipal election held under this act, two members of the Election of 
 
 1 Aldermen. 
 
 Board of Aldermen from each ward shall be elected by and from 
 the voters of each ward, one to serve for the term of one year, 
 and one to serve for the term of two years, beginning with the 
 first Monday in January next ensuing, and thereafter one 
 member of the Board of Aldermen from each ward shall be 
 elected by and from the voters of each ward, at each annual 
 municipal election to serve for the term of two years, begin- 
 ning with the first Monday in January next ensuing. The 
 qualified voters of each ward shall also elect at each annual 
 election a Warden, Ward Clerk and two Constables, all to serve 
 for the term of one year, beginning with the Monday following 
 their election and until their successors are elected. Vacancies 
 for an unexpired term in the Board of Aldermen may be filled 
 at any election in the same manner that new members are 
 elected. 
 
 Sect. 11. At the first annual election held under this act Ejection 
 
 of bchool 
 
 the qualified voters of said city shall give in their votes for committee, 
 seven members of the School Committee, four of whom shall 
 serve for the term of two years, and three for the term of one 
 year, beginning with the first Monday in January next ensu- 
 ing, and thereafter at the municipal election for each year the 
 qualified voters of said city shall elect such a number of mem- 
 bers of the School Committee as shall be necessary to fill the 
 places of those whose terms of office shall expire in that year, 
 to serve for the term of two years beginning with the first 
 Monday in January then next ensuing. Vacancies for an un- 
 expired term may be filled at any election in the same manner 
 that new members are elected, 
 
10 
 
 Election of 
 Overseers 
 of the Poor. 
 
 Powers of the 
 Mayor. 
 
 Sect. 12. The Board of Overseers of the Poor of the City 
 of Portland shall consist of seven persons. At the first an- 
 nual election under this act a member of said board shall be 
 elected in each ward, who shall be a resident of the ward in 
 which he is elected ; those elected in wards one, two, five and 
 six to serve for the term of two years and those elected in 
 wards three, four and seven to serve for the term of one year 
 beginning with the first Monday of January following their 
 election, and until their successors are elected and qualified ; 
 and thereafter at each annual election such a number of over- 
 seers shall be elected to serve for the term of two years, be- 
 ginning with the Monday following their election, as shall be 
 necessary to fill the places of those whose term of office shall 
 expire in that year. 
 
 Sect. 13. In case of a vacancy in said Board of Overseers 
 of the Poor, the Board of Aldermen shall elect by ballot, some 
 person, resident in the ward in which the vacancy occurred, 
 to hold office until the next annual election, when the unex- 
 pired term, if any, shall be filled as provided in section twelve 
 of this act. 
 
 Sect. 14. The Mayor shall be the chief executive officer of 
 the corporation of the City of Portland ; shall be vigilant and 
 active at all times in causing the laws for the government of 
 the city to be duly executed and put in force ; shall from time to 
 time communicate to the Board of Aldermen such information 
 and recommend such measures as the interests of the city may 
 require ; shall preside at all meetings of the Board of Aldermen 
 but shall have a casting vote only ; shall be compensated for 
 his services by a salary to be fixed by the Board of Aldermen, 
 payable at stated periods and shall receive therefor no other 
 compensation, which salary, however, shall not be increased or 
 diminished during his term of office ; shall appoint the follow- 
 ing named officers for the terms hereinafter specified, beginning 
 with the first day of Februarj'- in the year of appointment and 
 until their successors are appointed (or confirmed where con- 
 firmation is required) viz.: — a City Marshal for the term of one 
 year, a Commissioner of Public Works, a Fire Commissioner, and 
 
11 
 
 a Commissioner of Cemeteries and Public Grounds, for the term 
 of three years each, all without confirmation, and the following 
 for the term of three years subject to confirmation by the Board 
 of Aldermen ; a Board of Health to consist of three members, 
 one to be appointed each year for said term ; a Police and Fire 
 Department Examining Board to consist of three members one 
 to be appointed each year for said term, who shall exercise the 
 powers conferred upon the Police Examining Board of the City 
 of Portland by an act entitled "An Act regulating the appoint- 
 ment of members of the Police Force of the City of Portland, 
 approved March 4, 1885, and acts additional thereto and amen- 
 datory thereof; a Board of Trustees of Evergreen Cemetery 
 to consist of three members one to be appointed each year for 
 said term ; a Board of Back Cove and Fore River Commission- 
 ers to consist of three members one to be appointed each year 
 for said term ; and a Board of Water Commissioners to consist 
 of three members one to be appointed each year for said term, 
 who shall exercise the powers conferred upon said Boards by law. 
 
 The Mayor shall appoint, with the consent of the Board of 
 Aldermen, all other officers required for the government of said 
 city for whose appointment no other method is provided by 
 city ordinance or the laws of the state, and not provided for by 
 this act; and shall appoint, in the same manner in which the 
 original appointment is made, an officer to fill any vacancy 
 occurring in any of the aforesaid offices to serve for the re- 
 mainder of an unexpired term. All officers appointed by the 
 Mayor shall be citizens of Portland 
 
 Sect. 15. No contract made by any department, commis- 
 sioner or board or authorized by any order, ordinance or 
 resolution of the Board of Aldermen in the construction of a 
 new, or in the structural change of, any building, or in any 
 matter in which the amount involved exceeds five hundred dol- 
 lars, shall be in force unless, and until, approved by the Mayor. 
 
 Sect. 16. The Mayor may remove any officer, commis- Removal of 
 sinner, or member of a Board, appointed by the Mayor as afore- 
 said, for such cause as he shall deem sufficient, and shall assign 
 in writing in his order for removal ; and said order for removal 
 
12 
 
 Organization 
 of the Board 
 of Aldermen. 
 
 Chairman of 
 the Board of 
 Aldermen. 
 
 Veto Power of 
 the Mayor. 
 
 shall be filed with the City Clerk and be open to public 
 inspection. 
 
 Sect. 17. The Mayor, or Mayor elect, the Aldermen, and 
 the Aldermen elect, shall on the first Monday of January, at 
 ten o'clock in the forenoon, meet in convention, when the 
 oath or affirmation required by the second section of this act 
 shall be administered to the Mayor, if newly elected, and the 
 Aldermen elect, by the City Clerk or any justice of the peace. 
 The Board of Aldermen shall, by ordinance, determine the 
 time of holding stated or regular meetings of the Board, and 
 shall also, in like manner, determine the manner of calling 
 • special meetings, and the person by whom they shall be called ; 
 but until otherwise provided by ordinance, special meetings 
 shall be called by the Mayor by causing a notification to be left 
 at the usual residence, or place of business, of each member of 
 the Board. A majority of all the members of the Board of 
 Aldermen shall constitute a quorum for the transaction of 
 business, but a less number may meet and adjourn from time 
 to time. 
 
 Sect. 18. After the qualification of the members of the 
 Board of Mayor and Aldermen newly elected, said Board, the 
 Mayor presiding, shall proceed to choose a permanent Chairman 
 for the ensuing municipal year who, in the absence of the Mayor, 
 shallpreside at all meetings of the Board, and in case of any 
 vacancy in the office of Mayor, he shall exercise all the powers 
 and perform all the duties of the office so long as such a vacan- 
 cy shall remain ; he shall continue to have a vote in the Board, 
 but shall not have the veto power. The Board of Aldermen, 
 in the absence of the Mayor and permanent Chairman, shall 
 choose a President pro tempore, who shall exercise the powers 
 of a permanent Chairman. 
 
 Sect. 19. Every ordinance, order, resolution, or vote passed 
 by the Board of Aldermen, except in case of election of officers 
 by the Board of Aldermen in which he shall have a casting 
 vote only, and excepting rules and orders of a parliamentary 
 character, shall be presented to the Mayor, and if he approve 
 he shall sign it ; if not, he shall return it with his objections to 
 
13 
 
 the Board of Aldermen which shall enter the objections at 
 large upon its records and proceed to reconsider it. If after 
 such reconsideration, two-thirds of the Board shall agree to 
 pass it, it shall have the same effect as if signed by the Mayor. 
 If the ordinance, order, resolution, or vote shall not be returned 
 by the Mayor at the next stated meeting of the Board, it shall 
 have the same effect as if he had signed it. 
 
 Sect. 20. If any ordinance, order, resolution, or vote passed 
 by the Board involving the raising, appropriation, or expendi- 
 ture of money is presented to the Mayor, if he approves of a 
 part and does not approve of a part of the sums or items 
 thereof, he shall so indicate thereon and thereupon the sums 
 and items so approved shall be in force, from the date of said 
 approval, and he shall return the same with his objections to 
 the sums or items not approved by him to the Board at the 
 next stated meeting which shall enter the objections at large 
 upon its records and proceed to reconsider the sums or items 
 not approved. If after such reconsideration, two-thirds of the 
 Board shall agree to pass the sums or items not approved, or 
 any of them, said sums and items shall be in force as if he had 
 approved. If the Mayor shall disapprove a part of the sums 
 or items of any such bill and shall fail to approve or disapprove 
 a part, on or before the next stated meeting, the sums which he 
 fails to approve or disapprove shall be in force as if he had 
 approved. 
 
 Sect. 21. The Mayor may, on public occasions, by his order, 
 forbid the passing, temporarily, of horses, carriages, or other 
 vehicles, over or through such streets or ways in said city as he 
 may deem expedient. 
 
 Sect. 22. The Board of Aldermen shall have and exercise powers of the 
 all the powers now vested in the City of Portland, or the Aldermen, 
 inhabitants thereof as a municipal corporation, or in the City 
 Council of the City of Portland, or either branch thereof, except 
 as modified by this act; shall be the judge of the election and 
 qualification of its members ; may establish, subject to the pro- 
 visions of this act, by ordinance such departments in charge of 
 such officers to be appointed by the Mayor and Aldermen as may 
 
14 
 
 be necessary or desirable for the proper government and admin- 
 istration of the affairs of said city ; shall have the power of 
 confirmation or rejection of all officers appointed by the Mayor, 
 except in cases where by this act authority to appoint without 
 confirmation has been given to the Mayor; shall annually, in 
 the month of January, elect by ballot the City Clerk, City 
 Treasurer, City Auditor, City Messenger, and such other 
 officers as are required to be elected by the ordinances of said 
 city or by the laws of the state not inconsistent with the pro- 
 visions of this act, also a Board of three Assessors, one for one 
 year, one for two years and one for three years, and thereafter 
 one to be elected each year for the term of three years, an 
 Assistant Assessor for each ward, to serve for the term of one 
 year from the first day of February then next ensuing and 
 until their successors are elected and qualified, who shall per- 
 form their duties as directed by the Board of Assessors. 
 Vacancies may be filled for any unexpired term. 
 
 Sect. 23. The Board of Aldermen, in behalf of the city, 
 may offer rewards for the prevention of crimes or detection of 
 criminals. They may remove all sunken wrecks in the harbor 
 or its entrances, and dispose of the same to defray the expense 
 of removal, and may at the expense of the city, cause its har- 
 bor to be kept open and unobstructed by ice. They may also 
 require all sailboats not under register or license, kept for hire 
 in said harbor, to be examined and licensed for that purpose, 
 and to be furnished with air-tight compartments ; and may 
 establish such regulations respecting such boats as they may 
 deem expedient. They may also make and enforce by penal- 
 ties, regulations respecting the enclosure of lots abutting on 
 any street or way in the city, which may for want of such 
 enclosure be dangerous to the public ; and after notice to the 
 owners or lessees of such lots, may, if the same are not enclosed 
 in a reasonable time, cause the same to be enclosed at the 
 expense of the owners or lessees. They may appropriate money 
 for celebration of the anniversary of our national independence 
 and other public celebrations. 
 
15 
 
 Sect. 24. The Aldermen shall not be entitled to receive any 
 salary or other compensation during the term for which 
 they are elected, nor be eligible to any office of profit or 
 emolument, during said term, the salary of which is payable by 
 the city ; and all Departments, Boards, Officers, and ( ■ommittees, 
 acting under the authority of the city, and entrusted with the 
 expenditures of public money, shall expend the same for no 
 other purpose than that for which it is appropriated, and shall 
 be accountable therefor to the city, in such manner as the 
 Board of Aldermen may direct. 
 
 Sect. 25. All bills, accounts and vouchers of all Depart- 
 ments, Commissions and Boards charged with the expenditure 
 of money appropriated by the Board of Alderman, including all , 
 bills, accounts, and vouchers of the School Committee and Over- 
 seers of the Poor, shall be audited and examined in such man- 
 ner as the Board of Aldermen shall by ordinance determine. 
 
 Sect. 26. No money shall be paid out of the city treasury ^"„" c 
 except on orders drawn and signed by the Mayor, designating 
 the fund or appropriation from which said orders are to be paid, 
 nor unless the same shall be first granted or appropriated there- 
 for, by the Board of Aldermen ; and the Board of Aldermen 
 shall secure a prompt and just accountability by requiring 
 bonds with sufficient penalty and surety or sureties, from all 
 persons entrusted with the receipt, custody, or kisbursement of 
 money ; they shall have the care and superintendence of the 
 city buildings and the custody and management of all city 
 property, with the power to let or sell what may be legally let 
 or sold, and to purchase and take in the name of the city, real 
 and personal property for municipal purposes to an amount 
 not exceeding two hundred thousand dollars in addition to that 
 now held by the city. And shall as often as once a year cause 
 to be published for the information of the inhabitants, a partic- 
 ular account of receipts and expenditures, and a schedule of 
 the city property. 
 
 Sect. 27. The Mayor and Aldermen of the City of Portland Wi; 
 
 befort the 
 
 and any Committee thereof, when authorized by them, shall ,<oard - 
 
 have power to send for persons and papers, and compel the 
 
16 
 
 City Clerk. 
 
 Police. 
 
 attendance of witnesses at any meeting of said Board of 
 Mayor and Aldermen at which a hearing is had in any matter of 
 inquiry regarding alleged dereliction of duty of any city officer 
 or any person in the employ of said city, or in any hearing on 
 any municipal matter. The Mayor and the Chairman of any 
 Committee, when authorized by the Board of Aldermen, shall 
 have power to issue summons to such witnesses as he shall 
 require in such hearings. • 
 
 Sect. 28. Any person failing to comply with the summons 
 of the Mayor shall be punished by a fine not less than five 
 dollars nor more than fifty dollars or by imprisonment not 
 more than thirty days. The Municipal Court of the City of 
 Portland shall have jurisdiction of such offenses. 
 
 Sect. 29. The City Clerk shall be clerk of the Board of 
 Aldermen. He shall perform such duties as shall be prescribed 
 by the Mayor and Aldermen and shall also perform all the duties 
 and exercise all the powers now incumbent on him by law. 
 He shall give notice in two or more of the papers printed in 
 said city, of the time and place of ward meetings ; the 
 time of such meetings when not fixed by law, shall be deter- 
 mined by the Mayor and Board of Aldermen. In case of the 
 temporary absence of the City Clerk, the Mayor with the con- 
 sent of the Board of Aldermen may appoint a City Clerk pro 
 tempore. 
 
 Sect. 30. The Board of Aldermen shall establish by ordi- 
 nance a Police Department, consisting of a City Marshal, two 
 Deputy Marshals, and of such subordinate officers and other 
 members of the police force as it may prescribe. The power of 
 appointment of said City Marshal, Deputy Marshals, subordi- 
 nate officers and members of the police force shall be vested in 
 the Mayor exclusively, subject to the provisions of an act en- 
 titled " An act regulating the appointment of the members of 
 the police force of the City of Portland," approved March 4, 
 1885, and acts additional thereto and amendatory thereof, ex- 
 cept so far as the same may be modified by this act. 
 
 The Mayor shall have power to remove all officers and mem- 
 bers of the Police Department, except the City Marshal whom 
 
17 
 
 he may remove at pleasure, for such cause as he shall deem 
 sufficient, and shall assign in writing in his order for removal ; 
 and said order of removal shall be filed in the office of the City 
 Clerk for the inspection of the public. The Deputy Marshals 
 and all members of the permanent Police Force, except the 
 City Marshal, shall hold office during good behavior, subject, 
 however, to removal in the manner above provided. The 
 Deputy Marshals shall be appointed by promotion from mem- 
 bers of the permanent police force. 
 
 Sect. 31. The Fire Department shall be in the charge of a «n 
 
 * " Department. 
 
 Fire Commissioner under such rules and regulations as the 
 Board of Aldermen may by ordinance determine. 
 
 All present officers and members of the Fire Department 
 shall continue to hold office for the full terms for which they 
 were elected or appointed unless sooner removed as herein pro- 
 vided, and all future appointments of members of the Fire De- 
 partment, the number of whom shall be determined by the 
 Board of Aldermen, except as herein otherwise provided, shall 
 be made by the Fire Commissioner from persons certified to 
 him by the Police Examining Board, which shall hereafter be 
 known as the Police and Fire Department Examining Board, 
 in the same manner that persons are certified to the Mayor for 
 appointment to the Police Force of the city of Portland under 
 the provisions of the act aforesaid entitled, " An act regulating 
 the appointment of members of the Police Force of the City of 
 Portland," approved March 4, 1885, and acts additional thereto 
 and amendatory thereof. All officers and members of the Fire 
 Department appointed by the Fire Commissioner under this 
 act shall hold the office to which they were appointed until re- 
 moved by the Fire Commissioner for such cause as he shall 
 deem sufficient and assign in writing in his order for removal, 
 which order shall be filed with the City Clerk for public 
 inspection. 
 
 Sect. 32. The Fire Commissioner shall have sole charge of a Fire commis- 
 department, to be known as the Fire Department, and shall pur- 8I0ner ' 
 chase and keep in repair all apparatus used therefor, including the 
 fire alarm telegraph and telephone system ; shall have and exer- 
 
18 
 
 cise all the powers and duties conferred by statute upon fire en- 
 gineers, to be exercised by himself or by his subordinates as he 
 may direct, shall appoint a Chief Engineer and not exceeding four 
 Assistant Engineers and a City Electrician who shall be the su- 
 perintendent of the fire alarm telegraph and telephone system, 
 without their being certified by the Police and Fire Department 
 Examining Board, and shall appoint all other firemen when cer- 
 tified as provided in the preceding section ; shall perform such 
 other duties and have such other powers not inconsistent here- 
 with as the Board of Aldermen may prescribe. 
 £ hie . f Sect. 33. Said Chief Engineer shall direct the work of the 
 
 Engineer. ° 
 
 members of the Fire Department in case of fire, act as the execu- 
 tive officer of said Fire Commissioner, and have authority, in 
 case of fire, to establish fire limits in the neighborhood of the 
 building or buildings in which a fire may have occurred and to 
 prevent persons not authorized by him from coming within 
 said limits. 
 
 Sect. 34. The Board of Aldermen shall annually appropri- 
 ate such sums of money as it may deem necessary and suffi- 
 cient to carry on the work of said Commissioner. Such appro- 
 priation shall be drawn from the city treasury in such manner 
 as the Board of Aldermen may by ordinance direct. 
 
 Public works. Sect. 35. The Commissioner of Public Works shall perform 
 the duties and have the powers prescribed in an act entitled 
 "An act to establish a Commission of Public Works in the 
 City of Portland," approved March 8, 1895. 
 
 cemeteries Sect. 36. The Commissioner of Cemeteries and Public 
 
 and Public 
 
 Grounds. Grounds shall have the power and perform the duties now 
 
 vested in the Commissioners of Cemeteries and Public Grounds 
 by an act entitled " An act to authorize the City of Portland 
 to appoint Commissioners of Cemeteries and Public Grounds," 
 approved March 5, 1885. 
 
 Sect. 37. No person or corporation shall dig, tear up, or ex- 
 cavate any portion of the surface of any street or sidewalk in 
 said city unless authorized therefor, in writing, by the Commis- 
 sioner of Public Works and subject to such conditions as he may 
 impose, except by special order of the Board of Aldermen. All 
 
19 
 
 powers heretofore conferred by any prior act of Legislature 
 contrary to this section are hereby repealed. 
 
 Sect. 38. The Commissioner of Public Works may on 
 such terms and conditions as he may think proper, subject, 
 however, to such regulations as the Board of Aldermen 
 may prescribe, authorize and empower any person or 
 corporation to place in any street, for such time as may be 
 necessary, any materials for making or repairing any street, 
 sidewalk, crosswalk, bridge, watercourse, or drain, or for erect- 
 ing, repairing, or finishing any building or fences, or for laying 
 or repairing gas or water pipes, provided that not more than 
 one-half of the width of the street shall be so occupied. And 
 such materials so placed by virtue of any license obtained as 
 aforesaid, shall not be considered an incumbrance or nuisance 
 in such street ; and the city shall not be liable to any person 
 for any damages occasioned by such materials. 
 
 Sect. 39. The Treasurer of the Citv of Portland shall also Treasurer and 
 
 Collector. 
 
 be the Collector for said city with all the powers of collectors of 
 taxes under the laws of this state. He shall be styled Treas- 
 urer and Collector and shall give but one bond, said bond to be 
 approved by the Mayor and Aldermen, for the faithful perform- 
 ance of his duties ; and may appoint assistants and deputies as 
 provided by law. All warrants directed to him by the asses- 
 sors and municipal officers shall run to him and his successors 
 in office, and shall be in the form prescribed by law, changing 
 uch parts only as by this act are required to be changed. The 
 method of keeping, vouching and settling his accounts, shall 
 he subject to such rules and regulations as the Board of Alder- 
 men may establish. Said Treasurer and Collector shall collect 
 all uncollected taxes and assessments in whatever year assessed 
 and at the expiration of said term his powers as Collector shall 
 wholly cease ; all sales, distresses, and all other acts and proceed- 
 ings, lawfully commenced by him as such Treasurer and Collec- 
 tor, may be as effectually continued and completed by his succes. 
 sor in office as though done by himself: and all unreturned 
 warrants, which would otherwise be returnable to him, shall be 
 
20 
 
 returned to his successor in office. These provisions shall 
 apply in all respects to all uncollected taxes of said city, 
 streets. Sect. 40. The Board of Aldermen shall have authority to 
 
 lay out, widen or otherwise alter, or discontinue any and all 
 streets or public ways in the City of Portland, without petition 
 therefor, and as far as extreme low water mark ; and to esti- 
 mate all damage sustained by the owners of land taken for that 
 purpose ; but all locations below high water mark shall be 
 subject to the provisions of the laws relating to the Com- 
 missioners of Portland Harbor. A Standing Committee of 
 the Board of Aldermen shall be appointed, whose duty it shall 
 be to lay out, alter, widen or discontinue any street or way in 
 said city, first giving notice of the time and place of their pro- 
 ceeding to all parties interested, by an advertisement in two 
 daily papers printed in Portland, for one week at least previous 
 to the time appointed. The Committee shall first hear all 
 parties interested, and then determine and adjudge whether the 
 public convenience requires such street or way to be laid out, 
 altered or discontinued; and shall make a written return of 
 their proceedings, signed by a majority of them, containing the 
 bounds and descriptions of the street or way, if laid out or 
 altered, and the names of the owners of the land taken, when 
 known, and the damages allowed therefor; the return shall 
 be filed in the City Clerk's office at least seven days previous 
 to its acceptance by the City Council. The street or way shall 
 not be altered or established until the report is accepted by the 
 Board of Aldermen, and the report shall not be altered or 
 amended before its acceptance. A street or way shall not be 
 discontinued by the Board of Aldermen except upon the report 
 of said Committee. The Committee shall estimate and report 
 the damages sustained by the owners of the lands adjoining that 
 portion of the street or way which is so discontinued; their re- 
 port shall be filed with the City Clerk seven days at least before 
 its acceptance. Any person aggrieved by the decision or' judg- 
 ment of the Board of Aldermen in establishing, altering, or 
 discontinuing streets, may, so far as relates to damages, appeal 
 
21 
 
 therefrom to the Supreme Judicial Court which Court shall de- 
 termine the same by a committee or reference under a rule of 
 Court, if the parties agree, or by a verdict of its jury, and shall 
 render judgment, and issue execution for the damages recovered, 
 with costs to the party prevailing in the appeal. Such appeal shall 
 be made to the term of the Supreme Judicial Court which shall 
 first be liolden in the county of Cumberland, more than thirty 
 days from and after the day the street is finally established, 
 altered or discontinued, excluding the day of commencement 
 of the session of said Court. The appellants shall serve written 
 notice of such appeal upon the Mayor or City Clerk, fourteen 
 days at least before the session of the Court, and shall at the 
 first term file a complaint setting forth substantially the facts 
 of the case. On the trial, exceptions may be taken to the 
 rulings of the Court as in other cases. Cotenants who are 
 appellants, shall join in their appeal or shall not recover their 
 costs. If a street or way is discontinued before the damages 
 are paid or recovered for the land taken, the land owner shall 
 not he entitled to recover such damages, but the Committee in 
 their report discontinuing the same shall estimate and include 
 all the damages sustained by the land owner, including those 
 caused by the original location of the streets, subject to an 
 appeal as aforesaid, and in such cases, if an appeal has been 
 regularly taken, the appellant in the original appeal shall recover 
 his costs. The city shall not be compelled to construct or open 
 any street or way thus hereafter established, until in the 
 opinion of the Board of Aldermen the public good requires it 
 to be done ; nor shall the city interfere with the possession of 
 the land so taken by removing therefrom materials, or other- 
 wise until they decide to open and construct said street. The 
 Board of Aldermen may regulate the height and width of side- 
 walks in any public square, places, streets, lanes, or alleys in 
 said city ; and may authorize posts and trees to be placed along 
 the edge of said sidewalks. Nor shall the city be answerable 
 for damages occasioned by telegraph poles and wires erected 
 in its streets. 
 
22 
 
 Sect. 41. The existing laws of the state relating to drains 
 and sewers and sidewalks including those in the charter exist- 
 ing before the adoption of this act shall continue in force. 1 
 Evergreen Sect. 42. The City of Portland may ordain reasonable by- 
 
 Cemetery. j j j 
 
 laws and regulations for the government of Evergreen Ceme- 
 tery, and shall have full power and authority to impose and 
 enforce penalties for the breach thereof, and for the punishment 
 of offenses committed in said Cemetery. All by-laws and regu- 
 lations heretofore ordained by said City of Portland for the 
 government of Evergreen Cemetery are, and shall be, valid and 
 in force ; and all penalties imposed under the same, and for the 
 breach of the same, and for punishment of offenses committed 
 in said Cemetery, shall be enforced. 
 
 Sect. 43. All acts and parts of acts inconsistent with this 
 act are hereby repealed. Provided, however, the repeal of the 
 said acts shall not affect any act done, or any act accruing, or 
 accrued, or established, or any suit or proceeding had or com- 
 menced in any civil or criminal case before the time when such 
 repeal shall take effect, and that no offense committed, and no 
 penalty or forfeiture incurred, under the acts hereby repealed, 
 and before the time when such repeal shall take effect, shall be 
 affected by the repeal. And provided, also, that all persons 
 who, at the time the said repeal shall take effect, shall hold any 
 office under the said acts or ordinances of the city shall con- 
 tinue to hold the same until others are elected and qualified in 
 their stead as provided in this act. And provided, also, that 
 all acts of Legislature relating to the City of Portland and 
 the ordinances, rules and regulations of the City of Portland, 
 which shall be in force at the time when the said repeal shall 
 take effect, and not inconsistent with this act, shall continue 
 in force until the same are repealed. No act which has been 
 heretofore repealed shall be revived by the repeal of the above 
 acts. 
 
 1 These laws are omitted from tins draft on account of their length, 
 but it may be deemed advisable to incorporate them in the draft to be 
 presented to the Legislature. 
 
23 
 
 Sect. 44. This act shall be void unless the inhabitants of 
 the City of Portland, at legal ward meetings called for that 
 purpose, by a written vote, determine to adopt the same ; and 
 the qualified voters of the city shall be called upon to give in 
 their votes upon the acceptance of this act, at meetings in the 
 several wards, duly called by the Mayor and Aldermen, to be 
 held on the day of the next municipal election, those favoring 
 the adoption thereof voting «/e«, and those opposed voting, no ; 
 and thereupon the same proceedings shall be had respecting the 
 sorting, counting, declaring, and recording the returns of said 
 votes as is herein provided at the election of Mayor ; and the 
 Board of Mayor and Aldermen shall within three days meet to- 
 gether and compare the returns of the ward officers ; and if it ap- 
 pear that a majority of all the votes given on the question of its 
 acceptance are in favor thereof, the Mayor shall forthwith make 
 proclamation of the fact, and thereupon this act shall take 
 effect. And in case this act is so adopted and takes effect, the 
 terms of office of all city officers shall expire on the appoint- 
 ment or election and qualification of their successors as provided 
 in this act. 
 
Gaylaniount 
 Pamphlet 
 Binder 
 Gaylord Bro». !««• 
 
 Stockton, Calif. 
 T.M.B«rU.«.P««- 01T - 
 
 
 M19491 
 
 0S\3\S 
 
 THE UNIVERSITY OF CALIFORNIA LIBRARY