History of Cook County, Illinois From the Earliest Period to the Present Time, Part 87

Author: Andreas, A. T. (Alfred Theodore), 1839-1900
Publication date: 1884
Publisher: Chicago : A.T. Andreas
Number of Pages: 875

USA > Illinois > Cook County > History of Cook County, Illinois From the Earliest Period to the Present Time > Part 87

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HISTORY OF COOK COUNTY.

with the exception of one month (March-April, 1843) when the position was held by John M. Robinson; Sidney Breeze, who resigned in December, 1842, was succeeded by James Temple, who held office but seven months, and was followed in August, 1843, by James Shields, and the latter in turn by Gustavus Koerner, whose term of service did not end until the adoption of the 1848 constitution. Walter B. Scates, who resigned January 11, 1847, was succceded by William A. Den- ning in January, 1847, Judge Denning holding office until December, 1848. Samuel H. Treat, served until the expiration of his term in 1848. Stephen A. Douglas resigned in June, 1843, being succeeded by Jesse B. Thomas, who served until August, 1845. Judge Thomas also held office from Jauuary, 1847 to Decent- ber, 1848. Under the constitution of 1848 the judicial system was entirely changed, it being declared that it should consist of one supreme court, circuit courts, county courts and justices of the peace, the General Assembly being authorized to establish inferior local courts of civil and criminal jurisdiction. Under its provisions thirty judicial circuits were created, from time to time, to meet the increasing business of the courts. At first the State was divided into nine cir- cuits. The judges were elected by the people for a term of six years, the first election being held on the first Monday of September, 1848. Their powers were the same as those conferred upon former judges of those courts. The Circuit Court of Cook County had had also jurisdiction over Lake County, the two consti- tuting the Seventh Judicial Circuit. By act of Novem- ber 3, 1849, the court had jurisdiction in both civil and criminal law. Since the re-organization of the judi- ciary, up to the adoption of the new constitution in 1870, the judges of the Seventh Circuit were: Hugh T. Dickey, commissioned December 4, 1848; Buckner S. Morris, commissioned May 24, 1853; George Manierre, commissioned June 25, 1855, recommissioned July 1, 1861, and died July 9, 1863; Erastus S. Williams, com- missioned July 9, 1863, recommissioned June 27, 1867.

In the constitution of 1870, Cook County was re- cognized as a unit in the judicial system. It was formed into one circuit, the court consisting of five judges elected every six years. By the provisions of the constitution the then Judge of the Recorder's Court of the city, William K. McAllister, and the Judge of the Circuit Court, Erastus S. Williams, were made two of the five judges, to continue in office until the expiration of their terms. Their confreres were Wil- liam W. Farwell, Henry Booth and John G. Rogers, and they were commissioned August 11, 1871. The commencement of the terms of service of the judges have been : Lambert Tree, December 1, 1871 ; Eras- tus S. Williams, Henry Booth, John G. Rogers, Wil- liam W. Farwell, Lambert Tree, January 16, 1873 ; William K. McAllister, November 26, 1875. The present court : John G. Rogers, Chief Justice, William K. McAllister, Thomas A. Moran, Murray F. Tuley and William H. Barnum commenced their terms of office June 16, 1879.

APPELI ATE COURTS .- The constitution of 1870 provided for the creation of appellate courts after the year 1874, to which appeals and writs of error might be taken from circuit and other courts, except in crim- inal cases, or those involving franchise, freehold or validity of a statute. when they were taken directly to the Supreme Court. In 1877 the Legislature created four of these courts, the First District to consist of Cook County, the second, of the Northern grand di- vision of the Supreme Court, the third, of the Central

division, and the fourth, of the Southern division. Each court was to be held by three judges of the Circuit Court, to be assigned by the Supreme Court, and hold office for three years. The law went into effect on the first of July, the election of circuit judges took place in August, and the assignments were made by the Su- preme Court in September. The judges of the Appel- late Court, with their dates of assignment have been as follows : W. W. Heaton, Dixon, Geo. W. Pleasants, Rock Island, Theodore D. Murphy, Woodstock, Sep- tember, 1877; Joseph M. Bailey, Freeport, (C. J.), Isaac G. Wilson, Geneva, and William K. McAllister, Chicago, June, 1879.

STATE'S AND COUNTY ATTORNEYS. - By legislative act approved February 17, 1827, a state's attorney was appointed by the Governor and approved by the Legislature. The jurisdiction of this functionary ex- tended over his circuit, the Attorney-General of the State presiding over the circuit in which he resided. His term of office was four years. In 1829, two years before the organization of Cook County, Thomas Ford commenced to act as State's or Prosecuting Attorney of this circuit. He continued to serve from 1831-35 ; James Grant, from 1835-37 ; Alonzo Huntington, from 1837-41; J. Young Scammon and Henry Brown, attor- neys pro tem .; and James M. Strode, James Curtis and Wm. A. Boardman, 1841-45 ; Patrick Ballingall, from February, 1845, to December, 1848 ; A. B. Platt, from December, 1848, to April, 1849. The Constitution of 1848 authorized the election of a state's attorney, to hold office four years, with the provision that the General Assembly miglit provide for a county attorney in his stead. The duties of the official heretofore known as " prosecuting attorney " were confined to the County Court and to the Court of Common Pleas, the latter being the old Superior Court of 1845. It is necessary also to add that until the Constitution of 1870 went into effect the offices of state's attorney and county attorney were generally held by the same indi- vidual. The incumbents of the position have been: Daniel McIlroy, from April, 1849, to April, 1857, William H. Davis, serving as County Attorney during the latter year ; Carlos Haven, front April, 1857, to the time of his death in 1863; Joseph Knox, 1863-64; Charles H. Reed, 1864-68; Luther L .. Mills, from November, 1868, to date. Under the Constitution of 1870, the first county attorney was elected in November, 1873-John HI. Rountree. His successors have been M. R. M. Wallace, C. H. Willett and E. R. Bliss.

MASTERS OF CHANCERY .- By act of March 3, 1845, the several circuit courts were empowered to appoint a master of chancery for each county. By 'subsequent legislation, Cook County became entitled to five mas- ters, the present incumbents being Henry Waller, H. L. Wait, Thomas G. Windes, L. J. J. Nissen and Arno Voss.

CLERKS OF THE CIRCUIT COURT .- The act of February 17, 1827, provided that the clerks of circuit courts should be appointed by the justices. Under the constitution of 1848 they were made elective, their term of office being four years. They continued also to act as recorders of deeds until November, 1872, when the first election was held for the latter office, under the Constitution of 1870. From the formation of the county up to the present time the clerks of the Circuit Court have been as follows : Richard J. Ham- ilton, 1831-41 ; H. G. Hubbard; 1841-43; Samuel Hoard, 1843-48; L. D. Hoard, 1848-56; Wm. L. Church, 1856-68; Norman T. Gassette, 1868-74; Jacob Gross, 1874, to date.

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PROBATE AND COUNTY COURTS .- By act of Janu- ary 2, 1829, probate judges were to be chosen by the General Assembly and hold office during good be- havior, or until they resigned. Richard J. Hamilton served from February, 183r, to the fall of 1835, when Isaac Harmon was appointed to the position. From 1837 to 1849 a probate justice was elected by the people. In January, 1837, Charles V. Dyer succeeded Judge Harmon, since which time the justices have been as follows: Walter Kimball, elected in August, 1837-39 ; Mahlon D. Ogden, r839-47 ; Thomas Hoyne, 1847-49. From 1849 until 1882 a county judge has been elected for a term of four years. The following have served : Henry L. Rucker, from November, 1849. to 1857; William T. Baron, from November, 1857, to the time of his death, in 1861 ; James B. Bradwell, from 1861 to November, r869; M. R. M. Wallace, 1869-73; Mason B. Loomis, 1873-82. At the election for No- vember, 1882, Richard Prendergrast was chosen to the position. The Constitution of 1870 provided that county courts should be courts of record and have original jurisdiction in all matters of probate, but that the General Assembly might provide for the establish- ment of a probate court in each county having a popu- lation of over fifty thousand, the judge of which should serve the same length of time as the County Judge. Under these provisions, J. C. Knickerbocker was the first, and is the present incumbent of the office. The Public Administrator is appointed by the Governor and receives his letters of administration from the Probate Court. Julius Rosenthal has held this office for more than twenty years.

RECORDER OF DEEDS .- Previous to the adoption of the Constitution of 1848 the Recorder of Deeds had been nominated by the Governor, and elected by the Legislature or the people. During that year the offices of Clerk of the Circuit Court and Recorder of Deeds were consolidated, the incumbents up to that time hav- ing been : Richard J. Hamilton, 1831-39; Eli R. Will- iams, 1839-43; William A. Egan, 1843-47 ; Edward S. Kimberly, 1847-48. The first election for Recorder of Deeds, under the Constitution of 1870, was held in No- vember, 1872, and resulted in the choice of James Stew- art. He was succeeded in 1876 by James W. Brock- way the present incumbent.

SUPERIOR COURT .- By act of March 3, 1845, a special court for Cook County was created and called the Superior Court, with circuit jurisdiction. The judges were elected by the Legislature, and in 1848 the name was changed to the "Court of Common Pleas." Up to this time only one judge had served, Hugh T. Dickey. Judge Dickey resigned in 1848, and was suc- ceeded by Giles Spring as judge of the " Cook County Court of Common Pleas" in April, 1849. Judge Spring died in May, 185r, his successor being Mark Skinner, whose term of office expired in 1853. John M. Wilson was elected judge in April, 1853, serving until 1867. In 1859 the name of the court had been again changed to the "Superior Court " and the number of judges in- creased to three. They were elected for a period of six years, their terms expiring biennially. Grant Good- rich became judge in April, 1859, his term expiring in r863. Van Hollis Higgins came into office at the same time, and resigned in July, 1865. Joseph E. Gary was elected Chief Justice in November, 1863, and is still on the Bench. In November, r865, John A. Jameson was elected Associate Justice and subsequently Chief Jus- tice. In November, 1883, he was defeated by Henry M. Shepard. William A. Porter was elected Associate

Justice in November, 1867. He died before the expi- ration of his term of office. Sidney Smith was elected in November, 1879. Under the Constitution of 1870, the Superior Court of Chicago was continued as the " Superior Court of Cook County." By an act passed in the year 1875 it was provided that for every 50,000 inhabitants over 400,000 in Cook County, one judge of the Superior Court should be added until the number should reach nine. In obedience to the demands of the census of 1880, an election was accordingly held in November of that year, for four additional judges, their commissions dating from December 1. Rollin S. Will- iamson, Elliott Anthony, Kirk Hawes and George Gard- ner were elected.

CRIMINAL COURT .- The Recorder's Court of the City of Chicago was continued by the constitution of 1870 as the "Criminal Court of Cook County." In criminal cases it has the jurisdiction of a circuit court, all appeals from other courts being taken to it. The terms of court are held by the judges of the Circuit and Superior courts of Cook County.

COUNTY AFFAIRS.

BOARD OF COMMISSIONERS .- Section 6 of Article vii. of the Constitution of 1848 authorizes the General Assembly to provide, by a general law, for township organization, and empowers the County Court to assume the control of affairs during the interim between the going out of the old and the coming in of the new system. In pursuance of this authority the General Assembly passed an act in February, 1849, providing that at the next general election in November, any county, that should so desire, could adopt township organisation. A county so voting was to be subject to the provisions of the act in April, 1850. Cook County so decided at the general election in r849-50, and from November of that year to April, 1850, its affairs were administered by the County Court, as provided by the Constitution. In April, 1850, the first Board of Super- visors assumed the functions of their office. In April, 1851, a new law was passed, providing for township organization at any general election, the law of 1849 confining this privilege to those counties which should take advantage of the provisions of the act at the general election of that year. By the law of 1851, that of 1849 was repealed, and a general township organiza- tion act passed, applicable alike to counties or town- ships heretofore organized and those which might thereafter be organized.

Under the Constitution of 1870, township organiza- tion was abolished, and it was enacted that the affairs of Cook County should be managed by a Board of Commissioners of fifteen persons, ten of whom were to be elected from the city of Chicago and five from towns outside. The terms of five commissioners were to expire each year, and the election of November, r87r, was to be for terms of one, two and three years.

The members of the old Board of Commissioners, up to the time of the system of township organization was adopted, were as follows: Golson Kercheval, from March to July, 1831, when he resigned, his successor being Lewis C. Kercheval, who served until August, 1832; Samuel Miller and James Walker from March, 1831, to August, 1832; Rufus Brown and Henry Board- man from August, 1832, to August, 1834 ; Holder Sis- son, from August, 1832, to February, 1836, when he resigned ; Alanson Sweet, from August, 1834, to Janu- ary, 1836 (resigned); Edward E. Hunter, August,

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1834, to February, 1838 (resigned); Alfred Churchill, February, 1836, to August, 1836; Stephen M. Salis- bury, February, 1836, to August, 1844 ; Nathan Allen, Jr., August, 1836, to August, 1839; Truman G. Wright, February, 1838, to August, 1838; Nathan H. Bolles, August, 1838, to August, 1840; John McCord. August, 1839, to August, 1845 ; Francis C. Sherman, August, 1840, to February, 1845 (resigned); Homer Willmarth, August, 1844, to November, 1849; Charles L. P. Hogan, 1845, to August, 1846; James Michie, August, 1845, to August, 1848; George O'Bryan, August, 1846, to August, 1849 (died); Charles Sauter, August, 1848, to November, 1849.

Under township organization the chairmen of the Supervisors were : Stephen M. Salisbury, Wheeling, elected in April, 1850 ; Nathan H. Bolles, Chicago, November, 1850; Francis C. Sherman, April, 1851 ; Joseph Filkins, Wheeling, June, 1853 ; Henry Fuller, Chicago, May, 1854; Henry Willmarth, Barrington, June, 1855; Theodore Doty, Chicago, June, 1856; Wil- liam James, Barrington, June, 1857 ; Homer Wilmarth, Barrington, June, 1858; Andrew H. Dolton, Thornton, December, 1859; Amos G. Throop, Chicago, Decem- ber, 1860 : David S. Hammond, Hanover, December, 1861 ; Aaron Gibbs, Chicago, December, 1862 ; Jesse M. Allen, Elk Grove, December, 1863 ; A. B. Johnson, Chicago, December, 1864; David S. Hammond, Han- over, December, 1865 to December, 1867 ; Charles B. Farwell, Chicago, December, 1867; David S. Ham- mond, December, 1868; J. T. Bluthardt, December, 1869 ; George W. Waite, Hyde Park, December, 1870; Julius White, December, 1871.

Under the new order of things the first chairman of the County Board of Commissioners was Henry B. Miller, elected in December, 1872. His successors have been S. Ashton, William R. Burdick, A. B. Johnson, C. C. P. Holden, Henry P. Senne, Jolin W. Stewart, D. B. Purington, David W. Clark and Adam Ochs.

COUNTY CLERKS .- Under the old constitution and until November, 1849, county affairs were administered by a board of three commissioners, elected by the people. The commissioners appointed their clerk until 1837. Up to that time the appointees had been : Wm. See, from March to December, 1831, when he resigned; Richard J. Hamilton, from December, 1831, until August, 1837. After this date the clerks were elected by the people for a term of four years. George Davis served until August, 1849; Edmund S. Kim- berly, until November, 1853 ; Charles B. Farwell, until November, 1861 ; Laurin P. Hilliard, until November, 1865: Edward S. Solomon, until November, 1869. From that time until the first regular election occurred under the constitution of 1870 (?) the office was held by John G. Gindele, George W. Wheeler and Joseph Pollak. Hermann Lieb was elected in November, 1873, serving his full term of four years. His succes- sors were E. F. C. Klokke and M. W. Ryan. E. P. Niles, John Comiskey and E. A. Filkins have acted as elerks of the Board of Commissions for the past ten years, Mr. Comiskey having served half of that period.

SCHOOL COMMISSIONERS AND SUPERINTENDENTS .- Until 1841 the school commissioners were elected by the County Board, thereafter they were elected by the people for terms for two or four years. George P. Plant was the first County Superintendent chosen under the Constitution of 1870, for a term of four years. Since the organization of the County the com- missioners and superintendents have been : Richard J. Hamilton, from December, 1831 to August, 1841 ;

William L. Church, 1841-'43 ; George Manierre, 1844. '51 ; John W. Waughop, November, 1851-'55; William I .. Greenleaf, November, 1855-'59; John F. Eber- hardt, November, 1859-'69; A. G. Lane, November, 1869-'73 ; George G. Plant, November, 1873-'77; A. G. Lane, November, 1877 to date.

CORONERS .- The following have held the office of coroner, the dates given being the commencement of their term of service: 1831, April, John K. Clark; 1832, August, Elijah Wentworth ; 1834, August, Asahel Steele ; 1836, August, Orsemus Morrison ; 1838, Au- gust, John K. Boyer; 1840, August, Edward Murphy, re-elected in 1842; 1844, August, Orson Smith; 1846, August, Patrick Kelley ; 1848, August, Nicholas Bur- dell, re-elected in 1850; 1852. November, Austin Hines ; 1854, November, James S. Beach ; 1856, No- vember, George P. Hansen ; 1858, November, William James, re-elected 1860 ; 1862, November, Ernst Schmidt, resigned, January, 1864; William Wagner, 1864-'70; John Stephens, 1870-'72; Emil Dietzsch, 1872-'78; O. L. Mann, 1878-'80 ; C. R. Matson, 1880- '82 ; N. B. Boyden, 1882 up to date.

COUNTY TREASURERS .- Until 1835 these officials were elected by the County Board, since which time they have been elected by the people for a term of two years. The incumbents have been as follows: Archi- bald Clybourn, 1831-34 ; Isaac Harmon, March, 1834- 35 ; Henry Kimball, 1835-36; Samuel G. Trowbridge, from March, 1836, to June, 1837 ; Edward E. Hunter, from June, 1837, to May, 1838; John Calhoun, from May, 1838, to June, 1839; Nathan H. Bolles, from June, 1839, to October, 1839; Isaac Cook, October, 1839, to August, 1843; Anton Getzler, August, 1843, to August, 1847; William L. Church, August, 1847, to November, 1849; James Long, November, 1849, to November, 1851 ; Horatio N. Heald, 1851-55 ; Michael Gleason, 1855-57; Augustus H. Boyden, 1857-61; Jacob Rehm, 1861-65; Jesse M. Allen, 1865-67; Thomas O. Osborne, 1867-69; H. S. Rexford, 1869- 71; Julian S. Rumsey, 1871-73; Henry B. Miller, 1873-75 ; Louis C. Huck, 1875-77 ; S. H. McCrea, 1877-79; William T. Johnson, 1879-82; William C. Seipp, 1882, up to date.

SHERIFFS .- The terms of office of the sheriffs of Cook County have commenced as follows: 1831, April, James Kinzie ; 1832, August, Stephen Forbes; 1834, August, Silas W. Sherman, re-elected in 1836; 1838, August, Isaac R. Gavin; 1840, August, Ashbel Steele; 1842, August, Samuel J. Lowe, re-elected 1844; 1846, August, Isaac Cook, re-elected in 1848; 1850, November, William I .. Church ; 1852, November, Silas P. Bradley ; 1854, November, James Andrews, died in 1856; 1856, November, John L. Wilson; 1858, Novem- ber, John Gray; 1860, November, Anthony C. Hesing ; 1862, November, David L. Hammond; 1864, Novem- ber, John A. Nelson; 1866, November, John 1 .. Bever- idge ; 1868, November, Gustav Fischer ; 1870, Novem- ber, Henry L. Cleaves ; 1872, November, Timothy M. Bradley ; 1874, November, Francis Agnew; 1876, November, Charles Kern ; 1878, November, John Hoffman ; 1880, November, O. L. Mann; 1882, No- vember, Seth F. Hanchett.

SURVEYORS .- Until 1835 County Surveyors were elected by the Legislature. From 1835 until 1872 they were elected by the people for a term of two years. Under the Constitution of 1870 the term of office was made four years. Since the organization of the county the office has been held by Jedediah Wooley, Jr., whose term commenced April, 1831; Addison Collins,

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August, 1835 ; Amos Bailey, March, 1836; Asa F. Miller and Russel E. Heacock were ordered to conform Bradley, April, 1838; John Van Horn, November, 1849: Alexander Woloott, November, 1855; Edmund Bixby, November, 1857 ; Alexander Wolcott, from No- vember, 1859, to the present time.

PIONEER COUNTY LEGISLATION .- By the first state constitution it was provided that three commisioners should be elected in each county to transact its business. Accordingly, on the first Monday of March, 1831, being the seventh of that month, an election was held in the new county of Cook, and Samuel Miller, James Walker and Gholson Kercheval were chosen to that office. The next day they were sworn in by John S. C. Hogan, Justice of the Peace, and William See, blacksmith, proprietor of Calumet ferry, and a Methodist exhorter, was called to the position of County Clerk. Archibald

to these rates : Pint of wine, rum or brandy, 3775 cents, half pint, 25 cents ; pint of gin, 311/ cents, half pint. 1834 cents; pint of whisky, 1834 cents, half pint, 12% cents, gill, 61% cents ; dinner, 371/2 cents, break- fast and supper, 25 cents each ; horse-feed, 25 cents, and keeping the animal over night, 50 cents; lodging, per individual, 1215 cents ; quart of cider or beer, 1216 cents ; and for one pint of either, 614 cents. Bernardus H. Laughton, Robert A. Kinzie and Samuel Miller were licensed to sell goods. A scow, to be used as a ferry, was also purchased of the latter, and Mark Beaubien was licensed to propel the boat, if he would transport the citizens of Cook County free of charge.

During the next two months other would-be mer- cnant princes of Chicago were granted licenses to sell

FIRST COURT HOUSE AND JAIL

Clybourn was appointed County Treasurer, and an order was passed and subsequently carried into effect that the eighty acres of land, authorized by the enab- ling act for county purposes, be entered at the govern- ment land office. Jesse Walker was employed to transact this business, but was unsuccessful in his mission. The county legislators were very industrious in those days, and it is found that, at their meeting held on the 9th instant, they not only gave Mr. Walker this commission and appropriated $too (borrowed money) for the purpose, but recommended Jedediah Wooley to the Legislature, for County Surveyor, and divided the county into Chicago, Hickory Creek and Du Page pre- cincts. Judges of election, and grand and petit jurors, were also selected. In accordance with the wishes of the Court the Legislature, then sitting at Vandalia, ap- pointed Mr. Wooley as the first surveyor of Cook County. At a special meeting held April 13, James Kinzie was appointed Sheriff and John F. Clark, Coroner. It was also ordered that one-half per cent. be levied on town lots, pleasure carriages, distilleries ; on all horses, mules and neat cattie above the age of three years ; on watches, with their appartenances, and on all locks. In consideration for the privilege of obtaining tavern licenses Elijah Wentworth, Sr., Samuel

goods by the Commissioners Court, among the num- ber of the ambitious being Alexander Robinson, John B. Beaubien and Medore B. Beaubien, Joseph La Fram- boise, Mark Beaubien and Oliver Newberry, Brewster, Hogan & Co, Peck, Walker & Co., and Joseph Naper.

The affairs of the Court of Commissioners in these days were managed with careful economy, the mem- bers thereof allowing themselves only $1.50 per day for actual services, which was, however, the statutory rate.

At the "Court in Course," September 6, 1831. it was provided that the Circuit Court be held in Fort Dearborn, " in the brick house, and in the lower room of said house."

A statement returned April 4, 1832, by the Sheriff of Cook County, shows that the tax for the first year of its organization was $148.29, of which $132.28 had been paid into the Treasury, besides $225 50 for licenses. Delinquencies on tax-list amounted to $10.50; on licenses $88.50 ; paid on orders $252.25 ; balance on hand $15-43. In view of the unsatisfactory result on license fees, it was ordered that all taxes for license " shall be paid before the issuing thereof." 'T'he tax of "one-half per cent " was made to cover all kinds of personal property. Mr. Clybourn was reap-

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History of Cook County, Illinois From the Earliest Period to the Present Time, Part 87

Author: Andreas, A. T. (Alfred Theodore), 1839-1900 Publication date: 1884 Publisher: Chicago : A.T. Andreas Number of Pages: 875

Author: Andreas, A. T. (Alfred Theodore), 1839-1900
Publication date: 1884
Publisher: Chicago : A.T. Andreas
Number of Pages: 875