USA > Illinois > Cumberland County > Counties of Cumberland, Jasper and Richland, Illinois. Historical and biographical > Part 39
USA > Illinois > Richland County > Counties of Cumberland, Jasper and Richland, Illinois. Historical and biographical > Part 39
USA > Illinois > Jasper County > Counties of Cumberland, Jasper and Richland, Illinois. Historical and biographical > Part 39
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" It is urged that the whole question in the case turns upon the construction of the twenty-sixth section of the Township Organiza- tion Law. (R. S., 1874, p. 1069.) The section confers ample power
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HISTORY OF JASPER COUNTY.
and jurisdiction upon the County Board to alter the boundaries of towns, to change town lines, and to divide, enlarge and create new towns in their respective counties, to suit the convenience of the inhabitants residing therein. The section also provides for the amount of territory which the new town shall embrace, the number of voters it shall contain, for a petition to be presented, etc. To this section is added this proviso: ' Provided, that no incorporated town shall be divided, except consent thereto is given by a majority of all the electors voting at a general election in said town-notice that the question of dividing said town will be submitted to the legal voters thereof having been given by the County Clerk, at the same time and in the same manner as the notice of said general annual election.'
" The question presented is, where and by whom is the election to be had ? Is it by the incorporated town or village, by the town- ship as it was before the division, or by the electors in the territory proposed to be erected into a new township ? This proviso is not free from obscurity and doubt. as to the true meaning of the lan- guage employed. It seems to be obvious that the division of an incorporated town or village cannot be had by changing township lines, by enlarging or dividing the township, or the creation of a new township, without the vote provided for by the proviso. The language seems to embrace each and every one of these contingencies.
" Where the County Board proposes to enlarge a township, two of these bodies are directly interested in the division, and yet, if the proviso was intended to embrace such a case, but one township would be embraced by the language of the proviso, and it would be un- known which, nor could we conjecture which was intended. And if the townships were intended to vote, it would have specified whether both or which one, should consent to the enlargement. So of the change of the township lines.
" Again, the townships are designated as towns, but the village is designated as an incorporated town by this section. The fact that this difference in the terms employed was used, would manifest a design to make a broad distinction of the subjects embraced by each. Whilst the word ' town ' is sometimes employed to designate a town- ship, the term ' incorporated town ' is seldom, if ever, employed to embrace such a body. According to the canons of construction, ordinary terms must be held to have been used in their general and popular sense. We must, therefore, conclude that the proviso only requires an election held in case an incorporated town or village is
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HISTORY OF JASPER COUNTY.
to be divided by the alteration of the township line, the alteration, the division, or the formation of a new township, and the words ' said town' employed in reference to the election and notice, as used in the proviso, must be held to apply to an incorporated town or village. It then follows, that in such case the election can only be held in the incorporated town or village. It was the design of sub- mitting the question, whether the incorporated town or village should be divided, to the voters of that municipality, before the order of the County Board could become operative. No such incorporated town having been divided by the order of the County Board in this case, no election was required to be held, and the order of the Board became operative by its own force.
" We are fortified in this construction from the fact that, in organizing townships, in the first place the inhabitants have no right to vote, although fractional townships may be ad led to others. It would, therefore, seem that the General Assembly have only pro- vided that a vote shall be had when it is proposed to divide an incor- porated town or village, and that the voters therein shall alone vote on the question of the division.
" But according to the repeated decisions of this court, the power to hold an election is political and not ju licial; hence, a court of equity has no power to restrain officers from the exercise of such powers. (Citations. ) These cases fully establish this doctrine and further discussion of the rule is deemed wholly unnecessary, as we perecive no reason to overrule, modify, or change the rule. We regard it firmly settled.
" From what has been said, it will be seen that the court ha Ino jurisdiction to decree an injunction, and, had the power existed, the decree rendered would have been erroneous, and it must be reversed and the bill dismissed. Decree reversed." This decision was ren- dered in the June term, 1876, and in the following December, Fox Township completed its organization and became one of the politi- cal divisions of the county. The present status of the townships taken from Johnson's historical sketch is as follows:
" Grandville Township, in the northeastern corner of the county, is eight miles north and south by about five and three-fourths miles east and west, and contains about forty-five square miles, about half of which is beautiful prairie and is nearly all in cultivation, with some very fine farms in the timber and some very large and fine farms on the prairie. Mr. G. W. Jeffers, who lives in the southeast part of the township, in the edge of the timber, has a fine, large farm with
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HISTORY OF JASPER COUNTY.
good buildings thereon, and there are several large and beautiful farms west of him, on the prairie. The township is well furnished with school and church houses. The first settlers that can at present be given, were J. Shook and Adam Owry, about the year 1832, then the Leamonses, about 1837, and many others, until 1880 they had in the township 1,462 souls, with personal property valued at $47,462, real estate, $150,474, total, $197,936; their votes stood, Democratic, 138, Republican, 146, Greenback, 15-total, 299. Dr. J. M. Barlow is suppsed to be the heaviest man-his weight is 240 pounds; G. Leamon the tallest, height six feet one inch; Granny Shacklee the oldest person, aged eighty-two years; Samuel Simpson is seventy- eight years.
" Going west, adjoining Grandville, comes Crooked Creek Town- ship, which is seven and one-half miles north and south, and aver- ages about seven and three-quarter miles east and west (the west line runs partly with the Embarrass River, which makes it crooked), and contains about fifty-seven square miles and has a fine prairie running north and south through the center of the township. It is all under fence except part of the timber land or some of the river bottom lands. There areas many. if not more, nice farms and good farmers in this, than any other township in the county. They have four church houses, thirteen schoolhouses, and in 1880 they had a population of 2,015, which voted. Democratie. 283, Republican, 151, Greenback, 24 -total. 458; had personal property valued at $79,779, real estate. $261,328-total, $341,107. Some of the first settlers were Jesse M. Herd, who settled in the township in 1834, lived there about ten years and then moved west. He was a hunter, and the county was settling up too fast. Next came the Vannettas, MeCleaves and John Swick, in the years 1835-36. Mr. Swick is the only one of the above yet living in. the township, the others having moved off or died. Mr. S. is now eighty years old, and has lived in the township all the time since 1836. Mr. Swick and Miss Rachel Barnes were the first couple married in the township. The first person known to die in the township was a Miss Mawk. Mr. Swick made the coffin by hew- ing it out of a big log. there being no such thing as sawed lumber then. In 1837-38, the Kiblers. Hammers, Cummins, and others moved in. In 1837. Mr. F. J. Hammer commenced and built a little mill (he being a millwright) on Crooked Creek to grind corn; after- ward he attached a saw to it. There are now in the township nine persons each over seventy years old, and all have been in the town- ship over forty years; thirty-five persons who are over sixty years
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HISTORY OF JASPER COUNTY.
old, and each has been in the township over thirty years; forty-two persons who are over sixty years, and cach has been in the township twenty-five years. There are now fifty-four persons in the town- ship that are each over sixty years old. The united ages of the fifty- four are 3686 years. The united time the above persons have lived in the township is, 1,680 years. There is a family of five persons living in the township, whose united weight is 1,131 pounds; the father weighs 191, the mother 225, the son 230, one daughter 210 and a little girl 275 pounds. Daniel Perrine's daughter is eleven years old and weighs 133 pounds; John Kibler's daughter ( Rosilla ), who is but ten years old, weighs 141 pounds. James Poor is supposed to be the tallest person; he is six feet five inches; William Haynes is forty-two years old, six feet four inches high; has twelve children, one pair triplets. Mr. H. can stand flat-footed and kick seven feet high; he is supposed to be the highest kicker in the town- ship. Mr. James Cummins is the father of twelve children, all liv- ing, including three pairs of twins in succession, and yet Mr. Solo- mon Cooper was the father of four children, all born at one birth; but the children only lived a short time. There are other things about Crooked Creek that we would like to give, but haven't room here. All the above are facts, and we put Crooked Creek against the world.
"Grove Township, in the northwest corner of the county, is six miles north and south by eight and one-quarter miles east and west, and has the finest body of prairie of any township in the county, with a fine strip of timber along the Embarrass, on the east side of the township; also, a fine body of timber on the west side, called the Island Grove. It is an elevated piece of land of about 640 acres, entirely surrounded by prairie, and can be seen for eight or ten miles around. There are two or three very large farmers in the township, namely: James L. Crews and A. G. Caldwell, Jr. Mr. Crews is probably the largest farmer and wealthiest man in the township, if not the wealthiest man in the county. There are no towns or post- offices in the township at present, and but one store, that kept by Mr. Myers, who keeps a very good country store. They once had a post- office at Mr. A. G. Caldwell's, but the route being changed, the office was discontinued, since which time they have had no post-office. In 1876, Mrs. Margaret Walton died at the good old age of 103 years. She had been living in the township for thirty years, and had 136 children, grand children and great-grand children. In 1880 Grove had a population of 1,215 whites, and one colored; voted Demo-
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HISTORY OF JASPER COUNTY.
cratic, 149, Republican, 87, Greenback, 9-total, 245; value of per- sonal property, $80,780, real estate, $191,221-total, $272,001. It is hard to tell now, just who was the first settler in the township. The Garwoods, Lees and others settled along the river, prior to 1835. In 1836, John#Price settled a little above the Garwood mill seat; then came the Wheelers and others, some beginning to settle near the Grove, one man by the name of Shy (a half-breed ) built a hut of prairie sod (where Mr. Crews' garden now stands ), but the first prairie fire burned his mansion, and he pulled up stakes and moved out west.
" North Muddy Township, just south of Grove, is nine miles north and south by five and one-quarter miles east and west, and is about three-fourths beautiful prairie, which is almost all in cultiva- tion. The timber along Big Muddy Creek (from which the town- ship was named), is mostly white oak, and in places almost as fine as can be found in the county. There are four saw and two grist-mills on the creek. There are some extensive farmers in the town- ship. John Mason and W. C. Gillson are probably the largest farm- ers in it. The township is improving very fast in real improve- ments, since the S., E. & S. E. R. R. was built through it. There are four good frame church houses in the township, and it is well sup- plied with good school houses in every school district. The oldest person in the township is Mrs. Winters (William C. Gillson's mother-in-law), who is eighty-three years old. John Fillinger is seventy-four. Grandison Clark is the heaviest person in the town- ship; his weight is 265 pounds. Asbury Johnson is six feet six inches in height, and yet claims his residence in the township. The vote at the last Presidential election stood Democratie, 143, Republican, 112, Greenback, 5. The census of June, 1880, gave the township 1,255 inhabitants; value of personal property, $55,613; real estate, $173,- 588-total, $229,201.
" Wade Township, named for Hiram Wade, who was so long Clerk of the county, is just east of North Muddy Township, and in the center of the county, and is about eight and one quarter miles north and south by eight and three-quarter miles east and west, and is the largest township in the county. It is a little over half prairie. about all of which is in cultivation. The timber along the Embar- rass River, which runs through the township, has been very fine, but is being sawed up very fast. The river bottom land is the most productive that we have, yet most of it overflows, which makes it hard to keep up the fencing. The prairie is good, and generally
Als Caldwell
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HISTORY OF JASPER COUNTY.
more rolling than some land further from the river. There are no very extensive farmers in the township, James E. Freeman being prob- ably the largest. Judge Halley. or John D. Harris (one or the other. some days one. some days the other), is the heaviest person in the township: they weigh each. from 245 to 265 pounds gross. The oldest person in the township is probably Mrs. Banta (Capt. Law- rence Banta's mother), aged. July. 1882, eighty-five years; next is Uncle George Foltz, who is eighty-four. The vote of 1880 was, Democratie, 345, Republican. 273, Greenback. 14-total, 632. and a population at the time (including Newton ) of 4,119; value of per- sonal property. $115,318: real estate, $317,805-total, $433,123. The township was first settled in or near where Newton now stands, and, with a few exceptions, by as bad a set of roughs as any new county ought to boast of ever having.
" Willow Hill Township lies due east of Wade and south of Grandville, and if square would be about six and one-quarter miles north and south. and eight miles cast and west. and is very evenly divided between prairie and timber. The prairie is about all im- proved. and but little timber land that is not fenced up. Some of the land is a little flat. but can all be easily drained. There are some very nice farms in the township. John A. Merrick is supposed to be the largest farmer. The township has improved very fast since they got their second railroad, and with one or two good erops, Willow Hill will be booming. The township has ten good school- houses, five church houses, and religious services held in three school- houses: also, two Lodges I. O. O. F., one A. F. & A. M., one Knights of Honor, and one Good Templars. The census of 1880 gives them 1,805 whites, and six colored; total, 1,811 souls. The same year their vote stood, Democratic, 226, Republican, 116, Greenback, 9- total, 351 votes, while they have 379 registered voters. The same year their property was assessed: personal, $50,174, real estate, $183.049-total, $233.223. Their tallest man is Beeler Keeler, who ( when straightened ont ) is six feet, seven inches long. Their oldest person is John Ryan, aged eighty-two years. Abraham Cox is eighty, and Harriet his wife, is seventy-eight. and they have been married over sixty years.
" Saint Marie Township is due south of Willow Hill Township, and is in the southeast corner of the county, is about seven miles north and south, by six east and west, and is mostly timber land, as the Embarrass River runs through the township. There are some very good farms in the township, and it is mostly in cultivation,
25
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HISTORY OF JASPER COUNTY.
except most of the river bottom lands. The township is improving very fast. It had a population in 1880, of 912, and voted, Demo- cratie, 157. Republican, 49-total, 206; value of property the same year. $176,727 real estate: $38.427, personal; total. $215,154. The township was first settled principally by the French. and afterward by Germans, but now has many Americans therein.
"Fox Township. due west of Saint Marie Township, was cut off from Saint Marie Township, December, 1876. It is about seven and three-quarters miles north and south, by five miles east and west, and is mostly beautiful prairie. except a strip of timber on Fox Creek, that runs nearly through the township. The prairie is almost all under cultivation, and also part of the timber. The township is improving very fast, especially in good farms. The land, generally lays well, and is rich. In 1880, they had a population of 782; voted Democratic, 99, Republican 65-total. 164; had personal property to the amount of $43.010, real estate, $208,821-total, $251,831. They have some very good farmers who are noted for never failing to raise a good crop. The first settlers were James Jordan. George Mattingly. T. S. Clark. Boos. Kaufman, etc. Joseph Tade, of West Liberty. is the oldest person in the township, age ninety-one: has never used tobacco or whisky, and is quite lively, and has not an enemy in the world. The future prospects for Fox are very promising.
" Smallwood Township lies due west of Fox. and is seven miles north and south and six miles east and west: is over half prairie. which is about all in cultivation and the timber is mostly fenced. The land lies well and is being better improved every year. There are a few very nice farms in the township, but no railroad. and no post- office in the township at present. They had a population. in 1880. of 1.114; voted 124 Democratie and 113 Republican: had personal property amounting to $39,607; real estate. 8167.778-total $207.385. The Woods and Smallwoods were principally the first settlers of the township, and from them it got its name. William Tate, who is eighty-six years old, is the oldest person in the township: Martin Crouse is almost eighty-five. They are well supplied with school and church houses, and are expecting soon to get one or two railroads through the township.
" South Muddy Township is west of Smallwood and in the southwest corner of the county. is seven miles north and south by five miles east and west, and is mostly timber, and is about two- thirds in cultivation, with a few very large and nice farms. The largest farmer is probably George Obert. They have not at pres-
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HISTORY OF JASPER COUNTY.
ent any stores, towns, post-offices or railroads in the township. but will probably have one. if not two railroads through it. They had in 1880. a population of 1,003; voted Democratic, 97, Republican 82, and Greenback, 12: had personal property valued at $26,060; real estate, $118,559-total. $144,619. The first settlers, as near as can now be told, were as follows: Jacob Witzerman and Ira Adamson, in 1839. The following parties settled in the township from 1840 to 1844: John Fields, George Dowthet, Archibald Kerl, Joshua Evans. J. Bates, John and Howard Chestnut, W. H. Lewis; and two of Mr. Lewis' brothers, who were afterward accused of dealing too much in horses by moon-shine, and they left their country for their country's good."
PUBLIC BUILDINGS.
Court House .- The position of the first Board of County Commis- sioners was not an enviable one. The whole machinery of county government was to be organized and set in motion, and there was but very little money with which to accomplish it. The Court and Com- missioners found their first accommodations at the house of L. W. Jordan, while the various officials kept their records at their homes. This was not for a great time. however. By the latter part of the year. a log building erected at a small cost stood on the southwest corner of Washington and Jackson streets, and was called by com- mon consent the court house. The first mention of this building is found in the records under the date of March, 1835. and besides this record no mention is made of it. In December, 1839, the project of building a new court house was broached, and at this session the board decided upon the plan of the new edifice. It was to be of brick forty feet square and two stories high: the walls of the first story to be ten feet high and thirteen inches thick, and of the second story eight feet high and nine inches thick. It was to contain five rooms, two below fifteen feet square, " a hall between at the entrance of the door," and "two rooms above, and the hall before mentioned." Above this was the attic, making the five rooms. The specification also required twenty-three windows of twenty-four lights each; win- dow, door frames and shingles to be made of black walnut. A " bal- cony" was also to be constructed on the top of the building, seven feet high and five feet square, and covered by a square roof. The con- traet for this structure was, in the following March, given to Benjamin Harris, for $2.875. In the following September, a disagreement arose between the contractor and board, and the plan was modified. The size was changed to thirty-two by forty feet: the dimensions of the walls of the first story were changed to thirteen feet high and eight-
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HISTORY OF JASPER COUNTY.
cen inches thick. and the second story thirteen inches thick. The attie was to be lighted by a large half cirele window and the struct- ure to front to the north. Under this change the building was pushed forward and accepted in a partially completed condition, in November, 1841. It appears that there was a lack of funds. and for nearly a year it was without windows or furniture. In the follow- ing March, the records give evidence that the building was suffering from the stress of the weather and in a decayed condition. An effort was made to have it painted but there was no money. Recourse was had to the school fund, and an attempt was made to realize $200 by the sale of school lands, but this proved abortive. In June, 1843, the records recite the same condition of affairs, and it was not until a year later that the building was completely enclosed. At this time it was decided to cover twenty-seven feet of the lower room floors with stone. During 1844, shutters were added, and yet the building was far from complete. In the records of June, 1847, sundry citi- zens petition the board to allow them to contribute money enough and bring the bonds of the county sufficient to complete the court house up to par. The cost of this work was computed at $300, and the value of the bonds at fifty per cent. This left $150 to be raised by contributions, but this was not raised, as the Legislature in Feb- ruary, of this year, authorized the county to raise the money by bor- rowing, and a contract was let for $590 to put the building in com- plete repair. A fence was added at a cost of $60. Even then, the buildl- ing seems to have been in a chronic state of decay, and scarcely a ses- sion passed without some appropriation for its repair. At the March session of 1866, $400 were appropriated for this purpose. With con- siderable expenditure for minor repairs, the building lasted until 1876. when the old building was decided to be unsafe for further use. and a committee appointed to inspect the new court house at Olney. and similar buildings elsewhere, and ascertain the cost of erecting a new one at Newton. The one at Olney became the model. and bids were invited for the construction of a similar one here.
In September, 1876, bids were examined, presented by John Bar- low, of Olney, for $32,000, to which were to be added for four fur- naces, $850; for furniture and seats, as Olney, $2,800, and for grad- ing and paving. $800, making a total of $37,950. W. E. Gray, of Alton, III., bid $32,061; Casper Nolte, $30,796.29; G. Gaddis, $29,500; J. 1. Lagrange and Charles Eppinghowser, $32,000. The latter sub- mitted drawings of the present superstructure, and called atten- tion to their bid by some explanatory notes, " stating distinctly that
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HISTORY OF JASPER COUNTY.
the building, as proposed, contains the following advantages over and above the Olney court house, to wit: I. A solid stone foundation. II. Stone jambs and extra stone string corners around the entire building. III. Fireplaces in chief apartments, heavy corner piers which contain ventilating flues. IV. Four large windows in second story hall. V. The tower is framed clear down to ceiling joists of roof. VI. The dome is covered with tin and galvanized iron work, such as cornice brackets, columns, panels, etc. VII. The dome is crowned with a life-size statue of Liberty cast in spelter metal. which never rusts nor corrodes. VIII. The cornice on gable is orna- mented with galvanized iron panels. IX. The gable is provided with such scroll work to ventilate under the roof and ornament the gables. X. The slate roof is of the ornamental French slate in different col- ored slates and patterns. XI. The front porch is provided with a floor of stone along the entire front of building." Without these "extras " the bid was reduced to $28.000.
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