1. Setting the Foundation

Col. Black with officersShortly after the passage of HB 270 creating the Ohio State Highway Patrol, O. W. "Whitey" Merrell began the complicated process of building a police agency from the ground up. Confident that the remaining legal challenges would be quickly settled, Merrell set out to determine what types of equipment and vehicles would be needed to adequately provide the services required of the Patrol and began making contacts with uniform and equipment vendors.

One of Merrell's first contacts was the Lilley Ames Company who he instructed to prepare potential uniform designs. According to Merrell's instructions, they were to be original enough to be noticed and highly distinguishable, and dignified in a traditional sense. Several uniform designs were ultimately presented to Merrell; the one chosen was very much the same as today's uniform. The puttees were later replaced by boots (1938-39), and subsequently by shoes (beginning in 1950), the breeches were replaced by slacks (also beginning in 1950), the cap replaced by the Stetson hat (1939-40), and the hat badge was changed twice (in 1938 and 1941).

The responsibility for badge design fell into the hands of Harry Neal, who in turn assigned the task to Mr. Joseph Goldberg, an engineer in Neal's Safety Department. The badge design was partially inspired by a study of others, but the "Flying Wheel" was originally Goldberg's idea. Though he had difficulty selling the flying wheel to Neal (who jokingly asked if they were duck, chicken, or eagle wings), Goldberg had created our symbol.

More important was the matter of personnel, which also needed to be addressed immediately. The choice of an assistant superintendent was resolved first when six-year Highway Department employee, Fred "Fritz" Moritz (who was destined to become the division's third superintendent) was selected. Moritz, who had distinguished himself as a talented administrator and knowledgeable in legislative matters, was endorsed by Neal for his conspicuous concern for traffic safety, and incidentally as an "inside man" to watch over the new department.

Choosing a superintendent was another matter. Merrell realized the importance of having the right man to lead the force: he needed an individual of good repute, who shared Merrell's ideas of "modern" policing, and most important of all, was fairly well removed from politics.  He interviewed a large number of candidates, Col. Lynn Black including a 35-year-old Hamilton County Sheriff's captain named Lynn Black, whose name had been passed to Merrell by an associate justice of the Ohio Supreme Court. Although Black did not apply for the position, Merrell summoned and met with him to "discuss organizational points," during which time he actually studied Black himself. Sufficiently satisfied that Black was the man for the job, Merrell offered him the post. The appointment was made public on September 20, 1933 (the day the Supreme Court handed down its decision on the proposed referendum), although it had been agreed upon prior to that time.

Black's first official duty was to sort through the 5,196 applications to assemble his force of 60. Being in the height of the depression, it was evident that many applications were filed by unqualified men desperate for a job of any kind. This, and strict adherence to the physical standards mandated by law, eliminated many. Further, Black was determined to set up a semi military organization -- which meant that men would have to live in Patrol buildings and be available 24 hours a day. This eliminated many more, and Black was left with roughly 300 applications. With the field substantially narrowed, Captain Black began the long process of interviewing the remaining applicants. He made a careful point of making it clear to those he interviewed that politics would not affect his selections. Indeed he illustrated this point by opening each interview by ceremoniously dropping all letters of recommendation presented by the applicant into the waste basket. Through these interviews, Black again narrowed the list, this time to approximately 125 candidates.

With a recruit class finally selected, all that remained was training. No provision had been made for a training facility in the bill or in the budget (a situation that was to continue well after the division was firmly established) so Merrell gladly accepted an offer extended by the Ohio National Guard to use Camp Perry, in Ottawa County. Located on the shores of Lake Erie, Camp Perry was not an ideal location, the barracks were unheated and winter was approaching, but it was the only site available. It was announced that classes would begin on Tuesday, October 3, 1933, only two weeks after Black's appointment, and that the new force would be operational in approximately 30 days.

Cadets go to barracksAccounts vary as to how many actually entered training camp, but the most likely figure is 112. Of these, 40 percent were doomed to flunk or drop out. Captain Black was the principle instructor in the training staff which also included: Fred Moritz, Lt. James Marshall and Sgt. Herman Roush, Pennsylvania State Police; Dr. H. E. Stricker, first aid; and Mr. James Davis, motorcycle instructor and holder of motorcycle speed records in the United States, Australia, and New Zealand. Together, they presented a curriculum which revolved around Captain Black's insistence that the new Ohio State Highway Patrol would be a public service and courtesy organization.

It was a "mixed bag of recruits," to quote one member, that entered Camp Perry on that fall Tuesday. Some had extensive military experience and a few had law enforcement experience, but many had little experience in work at all, unemployment at the time being very high. This, the relative uncertainty surrounding the founding of the new department, and the miserable conditions at the camp bred an "esprit de corps," and had a tendency to bring out the "fun-loving" side of the recruits. No doubt an entire volume could be devoted to the antics of the class, but one particular incident sheds light on some of their good-natured shenanigans. U.C. Felty and M.A. "Pete" Mock were standing beside each other in rank one morning when Felty quietly made a remark that caused Mock to laugh. Lt. Marshall gave Mock a week of latrine duty, then a week more, and another, until Mock had accumulated four weeks' worth. Mock responded by hanging an out of order sign on "his" latrine. The recruit assigned to clean the other latrine, one George Mingle, was amazed by how many people were coming to use his. It took him three days to figure it out.

At the same time, the recruits took very seriously the purpose for which they were in camp. They were the "guinea pigs" for future training, and there was a great deal of uncertainty as to which topics should take priority in such a short training period. Further, it was unclear as to what rule-of-thumb definitions would be used for reckless driving, motorcycle training when to arrest and when to not arrest, or what sort of "marginal" situations should be addressed. Black and Moritz finally decided on a curriculum with a heavy emphasis on close-order drill (which, as Black stated, taught courtesy, discipline, and unity) and motorcycle instruction, and the remainder of the training divided into classes such as first aid, a survey of laws, physical training and self-defense, filling out reports, and firearms training. As for the "marginal" situations that were sure to arise, they could be addressed as needed, and could be added to future training curriculums if deemed necessary.

Captain Black's ideas regarding public service responsibilities were definitely experimental, and many of his recruits were not inclined to accept them. The American image of the "hard-boiled" cop contrasted very deeply his insistence on courtesy and servitude. But Governor White had promised to set up a Highway Patrol that would be "conservators of safety, not petty fault-finders or annoyers," the very principles Captain Black developed in his experiences in the Hamilton County Patrol, and this was to be the order of business.

The press showed keen interest in the workings and developments of the new force while in training camp. A series of articles written by Captain Black, a number of biographies of training candidates, and various feature articles appeared in newspapers throughout the state. Virtually all coverage was positive, and small towns all over Ohio watched and developed a sense of pride in their own local candidate training to become a member of this new, elite force.

As the training session progressed, the number of drop-outs grew. A number of factors contributed to the high washout rate: the studies were difficult, the quarters were miserable when the temperatures dropped, and many simply couldn't bear the strict adherence to military discipline. Add to these the long hours of training and the inability of some to master the art of motorcycle riding, and the result was the loss of many men.

On October 31, 1933, the names of the first 60 patrolmen selected from those still in training camp were announced. The remainder would serve (unofficially) as "weighmen" until patrolman positions opened.

While the training was going on, an extensive study was conducted to determine the geographical division of the state, and how and where to assign the 60 men in such a way to allow uniform coverage of the state. Harry Neal's traffic knowledge undoubtedly played an important role in the final selections, which were announced November 6, 1933. There were to be six districts, each with a district headquarters and three substations. They were:

The substations were to be located in private residences, but even at this late date (slightly more than a week from graduation), the actual homes had not been selected. On November 3, 1933, it was announced that graduation of the new "safety conservators" would be on November 15, 1933. On November 9, trainees were given leave to visit their families, making the actual time spent in camp 37 days.

In a press release issued to coincide with graduation, Merrell stressed that the 60 officers had already paid for themselves. He noted that an increase in registration, the result of many motorists and truckers rushing to pay the correct amounts before being caught, had more than covered the cost to train and equip the outfit.

Wednesday, November 15, 1933, was windy and bitter cold, with passing snow flurries. There had been talk of a formal graduation ceremony, but this idea was replaced with a simple swearing-in and inspection. Captain Black, addressing his new force one final time before departure, urged his men to "at all times remember that promotion of true safety and the welfare of the people of Ohio should inspire and motivate your work." With that, the 60 original patrolmen, now 54 patrolmen and six lieutenants, together with Captain Black took the oath of office from Common Pleas Judge J. F. Allyn of Ottawa County. Their 54 motorcycles and six Plymouth coaches were ready, as were the substations, and in the early afternoon the men broke camp.

For many, the trip to assigned substations was brutal, with the combination of weather and distance being almost unbearable. The story of Ptl. [later lieutenant] A. O. Smith Ptl. on cycle gives a feel for the trip. He was assigned to Sidney, a distance of approximately 125 miles. As he told a reporter several years later, it was -3 degrees when he passed through Fremont, and he was forced to stop at every roadside stop and gas station to warm up. He tore up some newspapers and stuffed them into his uniform, and later bought a piece of cloth, cut holes in it, and wore it over his head (his cycle had no windshield or leg guards). For the last ten miles, he rode standing up and flexing his knees. But despite the hazardous journey, all 60 made it to their stations, and the Ohio State Highway Patrol was officially in operation.

It was less than two months since the new Highway Patrol had cleared all the legal obstacles and officially come into existence, and already Ohio had a fully trained complement of 60 uniformed officers stationed throughout the state. According to the first roster, published on November 23, 14 stations had two men, eight of them had three, and two (both DHQ's) had four. Each station had a patrolman-in-charge, those at the district level being lieutenants, and some of the sub-post commanders designated as sergeants. General Headquarters was located on the eighth floor of the state office building on South Front Street in Columbus.

A flood of "General Orders" came from general headquarters in those early days, attempting to clarify policies and establish procedures. Most of the orders covered the transfers of men, but others had more lasting significance. For instance, G.O.#2 (12-4-33) reduced the number of days off from four to two, an action hardly popular but necessary in light of the small number of men.

The first duty of the new patrolmen was to travel around their counties, become familiar with the geography, and (more importantly) establish positive contacts among the people they would serve and local law enforcement agencies. newspaper clipping There were many who were inclined to oppose the Patrol: some sheriffs and local constables feared the agency would be in active competition with them; some citizens doubted Governor White's promise that patrolmen wouldn't be "highway bullies" and "petty fault-finders;" and a few were simply unaware that there even was a Highway Patrol. Much importance was placed on "selling the Patrol," and public speeches and appearances were arranged whenever possible. As one member later described it, officers often "invited themselves" to PTA meetings, etc. Stopping to talk with farmers was also encouraged.

Another important first step was to set up a communications system. No plans for radio communications were in the works (a situation that would quickly change) so "call stations" were arranged. Should a sub-post need to contact an officer, the message would be phoned to call stations (usually located at gasoline stations) along normal patrol routes, and attendants at the call stations would display a flag to signal passing patrolmen that there was a message. The call stations also provided a good chance to get to know local residents.

In those first weeks, officers were under strict orders not to arrest unless absolutely necessary, and speed traps were strictly forbidden. The credit for the first arrest made by the Highway Patrol belongs to Sgt. J. W. Krichbaum and Ptl. G. A. Kasson of the Bridgeport sub-post. On Sunday, November 25, 1933, they arrested a motorist on a charge of reckless driving. He pleaded guilty before a justice of the peace and was fined $10.00 and costs. At the same time, the justice also fined two passengers who were riding with the violator $5.00 each for drunkenness. Although no objection was raised at the time, the issue of the powers of the Patrol in such misdemeanor cases was brought to question from the start.

Among the earliest services provided were traffic checks. In such details, cars traveling on a certain road were stopped and checked for certain mechanical defects, usually brakes, lights, horn, and license display. If a defect was noted, the driver was issued a correction slip which was to be signed by a mechanic and returned to the local sub-post within 48 hours. The traffic checks enabled patrolmen to make large numbers of contacts without the negative angle of issuing arrests. Officers were, however, under orders to enforce reckless and drunken driving offenses. At the same time, arrests for speed infractions were strictly prohibited except in cases where it constituted reckless driving; Colonel Black firmly believed that speed in itself did not constitute a hazard. The attack on drunken driving led to a bit of a definition problem -- there was no reliable measure of the degree of an offender's intoxication. This was addressed on December 21, when Colonel Black announced that drivers who were arrested for intoxication would be taken to a physician to be certified as such. By the end of 1933, the Patrol had made a total of 24 arrests, 14 of them for driving while intoxicated.

The first of several major changes that were to occur in 1934 was the creation of the Investigation Division, which actually occurred on December 15, 1933. Although the investigators were to remain separate from the Uniform Division, both in duty and assignment, the transfer reflected a move to combine all enforcement activities of the Highway Department under a single head. The division consisted of 30 Bureau of Motor Vehicle Inspectors and was primarily assigned to registration investigations and school bus inspections on vehicles that never ventured outside urban areas. Just as with "weighmen" (training graduates waiting appointment), there was no legislated cap on their numbers, and the number of investigators ballooned. As will be seen later, this predicated the eventual demise of the section.

The early days of 1934 also saw the beginning of the Patrol's lead in law enforcement communications. The statewide police radio network for which the Patrol would become nationally recognized was partially due to Col. Black's experience with police radio in Cincinnati, but more the result of the escape of an inmate from the Lima State Hospital for the criminally insane, and the unsuccessful and embarrassing chase that followed.

On or about January 2, 1934, Neal Bowman escaped from the Lima State Hospital where he was incarcerated for robbery and kidnapping. Bowman, determined to prove that he was sane enough to escape every police net set for him, headed for southeastern Ohio. On January 8, O. W. Merrell decided that the Highway Patrol would lead the chase. The next day, he and Colonel Black arrived in Marietta at 5:00 A.M. to take personal charge of the pursuit, employing about half of their patrol force in the effort. The result was "ludicrous" to use Merrell's own word; the chase went on for about a month, from Marietta to Cincinnati, before the Patrol admitted its defeat. Not only were a large number of men away from their normal duties, the whole affair inspired a good bit of humor that did the Patrol little good. But Merrell and Black learned from the experience. In the course of the pursuit they found that the great difficulty was in communicating with their men rapidly enough to shift them to the latest spot where Bowman had been observed. When the chase reached the Cincinnati area, they finally approached Powell Crosley, an acquaintance of Black's from his Indian Hill days, and obtained permission to make broadcasts on his big commercial radio station, WLW. The usual method was to send out general messages requesting citizens to notify any patrolman they might see to call in to whatever temporary site was being used as General Headquarters for instructions. The result was enough to convince them that they had to have radio themselves, and that such a development would be good for all police agencies in the state.

Their timing could hardly have been better. The Buckeye State Sheriff's Association had recently built a radio station in Findlay as a service for all lawmen in northwest Ohio. The station had been constructed with money contributed by interested citizens, but the BSSA was having difficulty financing the operation. As a result, the radio station was "placed at the disposal" of the Patrol on January 17, 1934, accompanied by a proposal that this station (WPGG) would be the first in a statewide system. From this, radio room events moved with incredible rapidity. On January 22, the Patrol began a 10 minute, five-times weekly broadcast to all district stations over the Ohio State University station WOSU, carrying primarily a list of stolen cars. Meanwhile, five sites judged best for transmission were selected for the construction of the statewide system. On March 10, Merrell announced that construction would begin shortly, and on April 5, the Columbus station (WPGQ) was in operation. On April 17, the BSSA officially turned their station over to the Patrol, which moved the transmission site two miles for better results. In turn, the Sidney district headquarters was shifted to Findlay. By the end of the year, stations in Massillon and Wilmington were operational, and Cambridge was activated the following January. Along with this went receivers on all Patrol cars and the first experiments with receivers on motorcycles. For good measure, the Patrol hooked up with the Atlantic Seaboard Police Teletype System.

In one short year, an organization only a few months old had launched the most comprehensive statewide radio network in the country. The modern communications system was revolutionary for the Patrol, the state, and indeed the country, and would be the "crown jewel" of the division for many years to come.

Still another major advancement for the Patrol in 1934 was the training of men in criminal identification work by the Bureau of Criminal Investigation. Like the Patrol, the staff at the BCI was small, and they had difficulty lending the quantity of aid requested by local police officers. Since the men at BCI were experts in their field, the obvious solution was to have them train personnel from the Highway Patrol who would in turn do the field work, work that would mean investigating crashes as well as cases such as small town murders. In early July, a group was sent to London for study, and soon the Patrol was prepared to perform all sorts of modern crime fighting. Members of the "criminal identification unit" included both former uniformed patrolmen and men from the investigation division.

At the same time the Sidney headquarters was shifted, a four-field district setup was announced, with Findlay (A), Ravenna (B), Wilmington (C), and Athens (D) as the headquarters of the districts. Columbus was designated as the headquarters district.

Construction of district headquarters buildings, the very buildings still in use today, were planned for Findlay, Massillon, Cambridge (slated to replace Athens in December 1934), and Wilmington. The first of these buildings was completed in September 1934 in Massillon, and the subsequent open house drew over 10,000 visitors, underscoring public interest in the Patrol. Like the agency in which they served, the men of the Patrol were subject to constant change in those early days. Colonel Black (he took the rank of colonel in early 1934) believed that no one should become "too familiar" with one area, and transfers were common and immediate. In 1934 alone, George Mingle rose from a patrolman to Colonel Black's second-in-charge, a path which necessitated five transfers in a little more than eight months. George Mingle himself admitted that he might well have quit had he not wound up in Columbus with his family.

Of the original Camp Perry Class, 50 percent were gone by the end of 1934. Although there were a large number of resignations, those who stayed harbored a great amount of dedication. The conviction that they were building something worthwhile and that each of them could make a personal contribution was strong. Certainly, such a spirit was needed to overcome the long hours and days spent on the job, and the monotony of barracks living. If the spirit got a little too high, something like the Bowman fiasco would bring them back down to earth. The same thing also happened on a personal level. George Mingle once recalled the first time his friend, Ptl. [later Major] D.W. Unkle appeared before a certain justice of the peace near Warren. Unkle, who "lived the Patrol," strutted into the room in full uniform and virtually marched up to the justice to give his testimony. The latter, a tiny disabled man, simply looked up from his desk and said, "Officer, remove your hat!"

Stories of the early patrolmen and some of their escapades are legion. In retrospect, it seems that many of the accounts came to be treasured because the large amount of time spent on the job and Colonel Black's strict adherence to order and discipline made such activities infrequent. In deed, Colonel Black asserted this almost at once, publicly dismissing three members of the Camp Perry Class, including two of six original lieutenants, for entertaining unauthorized visitors in the barracks just ten weeks after graduation. More commonly in such disciplinary cases, men were allowed to resign.

Of course, with such a rapid turnover of men, not to mention manpower shifts to the communications and identifications units, additional training schools were necessary from the beginning. The Second Training Class, known as the "Delaware School," convened on February 12, 1934, with roughly 74 candidates [again, records vary widely on actual numbers.] The school met in an old factory building in Delaware owned by the Department of Highways which was refurbished and equipped before classes opened. The quarters at the Delaware School were not ideal, but they were a drastic improvement over Camp Perry. Apparently there were hopes that this would be the permanent location for all future training, but this did not come to pass.

The Delaware School also included prospective radio officers. These candidates were not required to meet the same physical standards as the regular cadets, nor were they to be considered for patrolman positions.

On April 12, after two months of instruction, roughly 41 of the 74 cadets graduated. Four of these were commissioned immediately, under scoring the turnover from the first class -- the pool of weighmen from that class had already been exhausted! The other 37 Delaware graduates were commissioned as weighmen and 30 of these were eventually appointed as patrolmen. About 10 weeks later, the Third Academy Class began at the State Fairgrounds with around 48 candidates, of which 24 graduated. Also during 1934, two investigative division schools were conducted, from which 40 (70%) graduated.

It should be noted at this point that discrepancies in training school figures are the result of several factors. First, the Patrol ran a few "unofficial" training schools for a small number of men prior to 1940. Graduates of these were credited with having graduated from an "official" school. Also, in a few cases, officers are actually credited with having graduated from two schools! Finally, miscellaneous situations, such as candidates joining the class late, raise additional uncertainties.

school bus inspectionDespite this rather heavy turnover of men, the Patrol managed to maintain a busy duty schedule. In the spring of 1934, the State Department of Education suggested that the Highway Patrol study and plan a periodic and systematic inspection of all school buses. Although somewhat handicapped by lack of statutory provisions governing school buses, the program was initiated, and the first phase of inspections was completed by the opening of schools in September. One month later, follow-up inspections were begun to determine how many of the recommendations (Patrol officers could only recommend corrections in most cases) had been corrected.

Speed traps, not uncommon in rural Ohio, were completely contrary to Colonel Black's ideas of traffic enforcement. It was during 1934 that the Patrol acted to break up such practices. In reality, there wasn't a lot the Patrol could do, but by publicly denouncing speed traps and stopping motorists to warn them of approaching a speed traps, such practices began to decline.

At the close of 1934, the new Highway Patrol had stopped nearly 200,000 vehicles, ordered over 120,000 corrections, issued over 50,000 verbal warnings, and made 4,223 arrests. More incredibly, an average of nearly 32,000 miles of patrol had been logged by each officer! In the 1934 Department of Highways Annual Report, Colonel Black issued three recommendations to aid his young force in the performance of their statutory duties. His recommendations were: "the reconstruction and addition of constructive motor vehicle registration and traffic laws; an extension of the powers and authority of the Highway Patrol; and an increase in the quota [number] of highway patrol men." As will be seen later, the popularity and respect for Colonel Black and his Highway Patrol, as well as the political know-how and savvy of Assistant Superintendent Moritz, would make these recommendations reality in short order. 

The opening of 1935 saw the majority of the newly convened 91st General Assembly in favor of boosting the force in some way. Unfortunately, just as a manpower increase seemed imminent, several newspapers caught wind of the actual number of employees under the force -- 222. Pointing to the section of the original Highway Patrol law calling for (in addition to 60 patrolmen) "such other employees as might be needed to handle office and administrative routine," articles blasted the division for "taking taxpayers for a ride." In truth, while Merrell and Black had used these means in good faith to carry out the legislated duties of the division, they had stretched the intent of the law a bit. In addition to the 60 patrolmen, the Patrol payroll included: 60 investigators; 31 weighmen (student patrolmen awaiting commission); 25 radio operators; 15 GHQ staff members (clerks, stenographers, Moritz, and Black); and 31 others which included a physician, two motorcycle mechanics, a carpenter, a caretaker, and field stenographers.

The need for more uniform officers and the concerns raised about excessive number of civilian employees were addressed in a single piece of legislation. The new law, HB 429 which took effect in late August 1935, increased the number of patrolmen to 120 and limited the number of other personnel to 50. Colonel Black responded immediately by removing the investigators, now numbering 70, from the payroll. Several days later, 21 student patrolmen (graduates awaiting commission previously classified as weighmen) from the Fourth Academy Class were added to the force. Two months later, the graduation of the Fifth Academy Class brought the division to its legislated cap of 120 officers.

As Black and Moritz worked toward the manpower in crease, the division continued its feverish pace toward tailoring itself and its operations to the needs of the citizens of Ohio and the law enforcement community. On January 3, 1935, the Identification Unit was launched with two officers, H. W. Grossglaus and H. G. Bluemlein. The unit was assigned to the Bureau of Criminal Investigation and Identification, and trained in modern investigation methods such as fingerprinting and evidence interpretation. Though the unit lasted only nine months, it afforded the division an opportunity to have a few of its officers trained in more specialized work.

General Headquarters was relocated in early 1935 from its cramped, one-room accommodations on the eighth floor of the State Office Building in Columbus. The new location, a mansion once owned by former Governor Campbell at 1117 East Broad Street, provided sufficient space for individual offices and a sub-post.

Also that year, Sgt. R. W. "Red" Alvis, a Camp Perry graduate, became one of only two Ohioans selected by Federal Bureau of Investigation Director J. Edgar Hoover to attend the first-ever FBI training school. Alvis completed his studies in October and returned to his position of Training School Commandant, where his practical and organizational skills would be put to good use training new officers. Among the changes brought about by Alvis's experience was the addition of the .351 Remington rifle to the division armament.

"Red" AlvisAlvis was considered the ideal officer to many of the men who worked with and around him. A native of East Liverpool, Alvis attended West Virginia Wesleyan University prior to joining the Patrol. While at WVWU, he was a standout football player for Wesleyan on Saturdays and a star on the Ironton Tanks professional football team (with his face taped and using an assumed name) on Sundays. His talent as a commander and the respect he commanded, as well as his imposing physical stature, made "Red" Alvis one of the most widely remembered and esteemed officer in the history of the division. He left the Patrol in 1944 at the rank of major-inspector to begin a very successful career in corrections. He served as Warden of the Ohio Penitentiary and superintendent of the London Correctional Facility before his death in 1967. Today, his name lives on as the namesake of "Alvis House," an institution which assists released inmates in readjusting to life outside of prison.

Included in Alvis's staff was Ptl. James Hanley, who went on to serve 25 years at the training school, including 17 years as Training Commandant to 35 Academy Classes at the Hartman Farms Academy. Hanley graduated from the Second Training School where his Marine Corps background enabled him to stand out as a strong leader of men. Upon graduation, he was among a group of only four from his class to receive an immediate commission. He retired at the rank of captain in 1960.

Another new face, a young lawyer named Alex Dombey, was added to the Patrol payroll as an instructor and attorney in 1935. Dombey was officially assigned to the division for four years, then was dropped in 1939 when the administration changed. About a year later, Governor John Bricker asked Dombey to donate his time and effort on two cases. Dombey agreed, then continued handling individual Patrol cases throughout the 1940s and 1950s, receiving no formal pay. Instead, grateful officers "chipped in" each year at Christmas to present him gifts.

One of the earliest successful traffic safety efforts was launched in October 1935 when Colonel Black ordered officers to concentrate activity on the 12 most crash-plagued highways. At the district level, the problem areas were identified, with special attention given to areas which were dangerous under certain conditions. The district commanders then redirected routine patrol routes to provide coverage in these areas, allowing patrolmen to warn motorists that they were approaching hazardous areas.

first aidThe Ohio law enforcement community was handed another colossal responsibility in December 1935 when HB 569, the driver's license law, was passed to become effective in October 1936. While administered by the Bureau of Motor Vehicles, the actual responsibility of testing drivers fell onto the Patrol and local police agencies. When the law finally went into effect, the Patrol handled about one-half of the examinations, primarily in rural communities.

In part, the early popularity of the Patrol was due to the public's great interest in police work. The press, eager to give the people what they craved, went to great lengths to cover the efforts and successes of the "O-Men." The story of the Nyhart case in 1936 was tailor-made for this type of exposure, with the story unfolding like a Hollywood "cops and robbers" film, and the newspapers pumping drama and excitement into the story line.

The case began rather innocently when Sam B. Nyhart was reported driving without a license plate. Nyhart was not located that day, but his name continued to surface as a suspect in a number of "moonshine" hijackings. When Colonel Black ordered a check-up on Nyhart's past, he didn't have to go far. His second-in-command, Captain George Mingle, had been a boyhood pal of Nyhart's and a deputy sheriff in Knox County -- Nyhart's home. Captain Mingle detailed Nyhart's sordid past to Colonel Black, who in turn broadcast the hijacker's fingerprints and mug shot.

In the following weeks, considerable intelligence was gathered on Nyhart. He was known for stealing and driving only new Fords, equipping them with a smoke screen device, and abandoning them after 20,000 miles. He was always very heavily armed, and was soon discovered to be the perpetrator of dozens of stick-ups, always disappearing in a thick cloud of blue smoke.

On New Year's Day, 1936, Ptl. J. E. Ruch and E. H. Davey were patrolling the highways of Wooster County and spotted the Nyhart vehicle. They gave chase, reaching speeds in excess of 85 miles-per-hour on snow-covered roads, when the suspect vehicle began belching dirty blue smoke which coated their windshield. Davey, unable to see, stuck his head out the window and steered by the treetops as bullets riddled their vehicle. Ruch quickly returned fire, but the patrol car, having lost its radiator to gunfire, quickly overheated. Just as the officers gave up and broke off the chase, they passed the suspect vehicle, ditched and abandoned.

Though Davey was slightly wounded in the exchange of gunfire, the two followed three sets of tracks in the snow leading away from the vehicle. They led to a barn, where Nyhart's accomplices were located and arrested. Nyhart himself had stolen an old draft horse and escaped in to the night.

Several months and near-misses later, Nyhart was traced to a Columbus poultry store, using an alias similar to others he used in the past. Sgt. V. M. Andrews, a member of the Camp Perry class, was assigned to pose as the "plumber's cousin" from Cincinnati and to "loaf around" the neighborhood. After striking up friendships with Nyhart's brother and another friend, and finally meeting Nyhart himself, a command center was set up in a nearby hotel. The following day, Nyhart arrived at the poultry store, and before he could enter heard the sound of screeching tires. He spun around, then felt the chill of a gun in his back: the "plumber's cousin" had put an end to his career.

3rd Annual Mtg

Third Annual Meeting, June 16, 1936.

As popular as the Patrol had become, it was still learning by trial and error. A good example is the issuance of handcuffs in 1936. Each officer received a set, but unfortunately, no case to carry it in. The result was many a situation like one later described by Colonel Radcliffe. One particular violator became unruly and led him on a short foot chase. After capturing the suspect and wrestling him to the ground, Radcliffe realized that his handcuffs were in his car -- 50 feet away. Cases were issued in short order.

In 1936 the O. W. Merrell Meritorious Service Award was initiated, with the first being presented to Ptl. Scott Radcliffe. He was honored for diving into an icy canal and holding the head of a trapped motorist out of the water for nearly 45 minutes until help arrived.

As the year 1937 opened, Ohio greeted a new governor, Martin L. Davey. Gov. Davey would prove to be a strong supporter of the Patrol, while, as we will see later, using the division to perform some very questionable functions. However, even when ordering the Patrol into the "gray areas" of its authority (sometimes even beyond those limits), officers performed admirably, and continued to maintain the support and trust of the citizens of Ohio.

One of Gov. Davey's first acts was to reappoint Colonel Black as Patrol superintendent, noting his "efficient administration of the Highway Patrol department." At the same time, he reappointed Frank West, the original registrar of the Bureau of Motor Vehicles. John Jaster Jr. was selected to replace Whitey Merrell as Highway Department director.

Waiting to greet the new governor was a previously unparalleled disaster: The Flood of 1937. An early thaw coupled with heavier than normal rainfall to push the Ohio River and most of its tributaries over their banks on January 14, 1937.

By January 25, Portsmouth's famed "million dollar flood wall," the first of its kind in the nation, was under 12 feet of water and beginning to crumble. In Cincinnati, the river crested at 72.4 feet, a remarkable 20 feet over flood level. To complicate matters, the weather made an abrupt change, with temperatures dropping below freezing and the rain becoming sleet.

When it became apparent that this would be no ordinary flood, Colonel Black cancelled all time off and dispatched 90 of his 120 officers to the flood zone. The Sixth Training Class, which had commenced two weeks earlier in Findlay, was cancelled so that the 22 cadets could also report. Mobile radio WGFT was transported to Jackson where a temporary headquarters was established, and the radio division assembled a radio network with stations at Wilmington, Pomeroy, Portsmouth, New Boston, Manchester, Bethel, Ironton, and Cincinnati. Before the crisis was over, even the secretaries at GHQ had been called into the field for desk duty.

During the next two and one-half weeks, officers worked hand-in-hand with the National Guard, Red Cross, and other volunteers to rescue flood victims and assure relief supplies got to people in need. Boat owners, particularly those in the Indian Lake area, volunteered their boats for the rescue efforts, which were put at the disposal of the Patrol. This precipitated what Colonel Black later referred to as the toughest part of the entire detail -- getting all those private boats back to their rightful owners.

Patrol units withdrew from the flood zone in early February and members of the Sixth Training Class returned to school in Findlay, where all but one would graduate in March. It was the final training class in which the power of the Patrol to conduct its own training was assumed. Legislation passed two months later formally delegated the power to the division.

The flood response demonstrated that the Patrol was a mobile force that could be depended upon in a catastrophe. As one bill was introduced in the legislature seeking $1 million in flood relief, another sought to raise the manpower cap of the Patrol. On May 14, 1937, HB 641 was passed, authorizing 200 patrolmen, 30 "radiomen," and 35 civilians, a substantial increase. Also as a result of the flood, a flood control map was developed by Lt. [later major] J. W. Krichbaum. The map outlined which roads would be closed and what areas would have to be evacuated at various flood stages. Eventually, 486 miles of the Ohio River system were mapped, completing one of the country's earliest advanced disaster warning systems.

The newly legislated increase in manpower was, for all intents and purposes, effectively eliminated by a massive cut in the Patrol budget by the General Assembly. In 1936, the division had been appropriated $560,000 but spent only $517,230. For 1937 and 1938, the same $560,000 figure was requested, but the legislature allocated only $501,100. The immediate result was the elimination of the pending training class, as well as plans to add the additional 80 officers. Later, Colonel Black announced that the division would replace its teletype hookup with "morse wires" as a reduction in expenses. Before the cuts were finished, school bus inspections, physicians reports of intoxication, pay increases and new equipment were eliminated, and many other services cut back.

Ultimately, Patrol funding was augmented with an additional $160,000 appropriation, but not before another pay bill was ruled unconstitutional.

Twenty-six patrolmen previously designated as patrolmen-in-charge (post commanders) received promotions when Colonel Black announced the formation of the rank of corporal in August 1937. Black assembled the 26 in Wilmington on the 14th for a news conference to detail the change. He also stated that the new rank would not carry an increase in pay.

The Patrol was introduced on a national level in a big way in September 1937 when Governor Davey took a 26-man contingent to the National American Legion Convention in New York City. Making the most of their appearance, Gov. Davey had the 20-cycle and three-car detail turn on their sirens as they rode into Times Square, sending thousands of milling New Yorkers to the curb to observe the approaching spectacle. The 20 cycle officers, all chosen for their riding ability and (more importantly) their rugged stature, "stole the show," to quote contemporary accounts, with Gov. Davey proudly riding in a Patrol convertible at the rear. Upon their return, the state auditor, already at odds with Gov. Davey over his ordering a two-officer escort for his recent vacation in the Carolinas, refused to authorize funds to pay for any of the expenses during the detail -- including salaries. Eventually, the state covered all expenses, and Gov. Davey, undaunted, continued the practice, ordering a two-man escort for his trip to watch the Yale vs. Princeton football game two months later.

The last of the four original DHQ buildings, Cambridge, was officially dedicated on November 29, 1937, with an elaborate ceremony. Patrol motorcycles led a Sunday afternoon parade to the new facility where, despite rain, throngs of visitors converged to observe the ceremony and inspect the new barracks.

The first record of a major drug arrest was logged in November 1937 when Ptl. R. B. Stewart arrested three men for possession of 150 lbs. of marijuana. Ptl. Stewart stopped the vehicle for a violation and spotted three large cans on the back seat. Further investigation revealed they each held 50 lbs. of the "narcotic weed."

Also that month, Gov. Davey ordered Colonel Black to send about one-half of the Patrol into northeastern Ohio to stop union organizers from using force to block highways and enroll truckers. Union officials denied they used violence and the Patrol made no arrests. At the same time, officers were escorting Greyhound buses in the wake of violence in the bus strike.

While the division expanded and became increasingly acquainted with the demands surrounding its traffic safety responsibilities, manpower allocations were periodically shifted to meet those responsibilities. Sub-posts had been added at Bellefontaine, Lorain, New Philadelphia, Painesville, and Zanesville around 1935 (although Painesville and Zanesville were closed shortly after opening,) and additional stations at Kent, Salem, Portsmouth, Mt. Vernon, Georgetown, and Steubenville were added between 1936 and 1938. Another sub-post, Chesapeake, operated for about the first six months of 1939 in an attempt to break up speed traps in the Ironton area, which Colonel Black considered to be contrary to the promotion of highway safety.

It was in 1938 that the requirement for officers to live on-station was eliminated. In a policy (which became effective October 16, 1938), Colonel Black outlined the requirements for all officers wishing to live off-station. First, the officer's living quarters required a telephone, a garage, and most importantly, the approval of a superior that the residence was "suitable" for a patrolman. Officers who were not on vacation or time off would remain on "reserve duty," which meant they were always on 24-hour call. Naturally, the post was still manned 24 hours a day to provide normal services, which now included road condition advisories during inclement weather.

As the greater cause of traffic safety progressed, the division continued to make a name for itself in other areas of crime fighting. The Conn case introduced the Patrol to investigation work in a big way, and at the same time garnered a sort of "kinship" with a sizable number of outraged and sympathetic citizens. The ongoing investigation and trial surrounding the case served to magnify other cases and incidents of 1938, with three such cases drawing a great deal of attention to the division.

On May 15, 1938, officers received a tip that gunmen were planning to "stick up" the East Palestine Eagles Club. A "posse" of Salem post units, Columbiana County deputies, and East Palestine police officers, all in plain clothes, descended on the club, which was in the process of having a large initiation meeting. The officers were positioned throughout the facility the entire evening, and by midnight, most of the members had left.

At 2:15 A.M., after many of the officers had gone off duty, four gunmen entered the club. Sgt. M. A. Mock and a janitor were stationed in a restroom off the main bar room when the gunmen entered, and were quickly covered by two of the bandits. The robbers frisked the two men, but missed Sgt. Mock's service revolver, which was concealed in a shoulder holster. As the bandits prepared to tie the two up, officers burst in from another room, guns blazing. Sgt. Mock quickly joined in the volley and in an instant two of the three bandits lie dead on the floor. The third, hit by slugs from Cpl. W. E. Arey's service weapon, escaped but was later captured.

A similar story was recorded the following month. Ptl. C. W. Whipple received a broadcast and realized that a getaway car from an armed robbery in Chillicothe was headed in his direction. Ptl. Whipple spotted the vehicle and stepped into the road to flag it to the side. Rather than stopping, the suspects sped up, trying to run him over. Ptl. Whipple dove for cover, then started in pursuit. As the speed of the chase increased, Ptl. Whipple broke out his windshield with the butt of his rifle and took aim. He held his fire long enough to pass a large group of Boy Scouts, then squeezed off two quick shots, hitting both bandits. One sustained fatal injuries and the other later admitted to the $4.10 robbery. The rifle used by Ptl. Whipple, a .45-70 Wisconsin deer rifle, had been confiscated by Whipple several months earlier from bank robbers who fired on him during a pursuit.

Another incident, one which might easily have been as tragic as the Conn case, occurred in December 1938. The Wilmington district headquarters received a call on a crash near Waynesville on Route 73. The officer who took the call, Cpl. P. W. Powell, opted to take the call rather than dispatch Middletown post officers at their meal time. Cpl. Powell, who was later remembered by a contemporary as an excellent officer who was (incidentally) Colonel Black's nephew, arrived at the scene several minutes later. He began to question the occupants, two men and two women, when one of them pulled a gun and disarmed him. They forced Cpl. Powell to drive them away from the scene, then handcuffed him to a tree. Apparently, one of the desperados put a gun to Cpl. Powell's head and said he was going to shoot him, but the other talked him out of it.

After the kidnappers fled, Cpl. Powell quickly freed himself and telephoned Wilmington. A dragnet of over 300 state, county, and local officers fanned out over 25 counties. The two women were found shortly after -- abandoned on a county road near Kings Mills. The men were picked up early the next morning. It was later learned that the men were escaped convicts who had recently been involved in a series of bank robberies.

A large volume of legislation passed at the end of the 1930s placed greater responsibility and authority upon the division. In March 1938, the Patrol was delegated authority to enforce regulations in the new "Farm Crimes Law." This act can be seen as the first delegation of "police powers" to the Patrol. As a primarily rural agency, the Patrol was the logical choice for this sort of statewide law. The following year, the superintendent of the Patrol was designated by the legislature to set the standards for constable uniform and automobile markings. Though no enforcement powers were granted, courts were to throw out any arrest by a constable not adhering to the standards. In early 1939, Gov. John Bricker came out in favor of a new bill introduced to create a "Department of Public Safety," which would contain a Highway Patrol with full police powers (except in municipalities and labor disputes), the Bureau of Motor Vehicles, and the Bureau of Criminal Investigation. The bill was defeated shortly after. It is interesting that Colonel Black, speaking as a "neutral party," opposed this change because "it would cut traffic services in half." Later, a pay bill arose to replace an earlier bill which had passed but was ruled unconstitutional, with Colonel Black personally testifying in favor of the bill. At the same time, he came out in opposition to the proposed pay raise for himself. In the end, he was successful on both counts -- the pay raise was approved for all officers except the superintendent.

In the wake of the "full police powers" debate, Colonel Black sought to further clarify the powers and responsibilities of his force, requesting the Ohio Attorney General issue several opinions. Those opinions, released later in the year were as follows:

    1. The Patrol had no power to arrest for intoxication alone, whether of passengers in vehicles or pedestrians;
    2. The Patrol had arrest authority within municipal limits so long as they occurred on state highways, and;
    3. The Patrol had no power of seizure except to take deadly weapons from a person under arrest.

Several uniform changes are noted to have taken place during the 1930s. The first change to be noted was the addition of the dark "blue-black" uniform shirts around 1935. They were worn in place of the blouse in summer. During 1938, hat badges, previously miniature replicas of the coat badge (including the badge number), were replaced by a flying wheel design similar to, but much larger than today's. The campaign style "smokey" hat was phased in during 1939, with officers retaining their "garrison" style hats for use on motorcycle details. About the same time, the puttees were replaced by boots. Finally, five-year service stars were adopted in 1939.

At the request of Florida's new Department of Public Safety, Captain George Mingle was sent to help train the first class of Florida Highway Patrolmen. His role, aside from that of an instructor, was to assist in the actual setup of the organization.

In slightly more than six years, the Ohio State Highway Patrol had more than tripled in size, set up one of the most comprehensive radio and communications systems in the world, and earned a reputation as an honest and effective law enforcement unit. The organization had overcome many obstacles while attaining its early success, and appeared to have its operations firmly and permanently established. Unfortunately, events on an international level would soon take precedence.

Continue on to Chapter 2
Return to Table of Contents

About Us
Patrol home