History of Macoupin County, Illinois, Part 15

Author: Brink, McDonough & Co.
Publication date: 1879
Publisher:
Number of Pages: 440

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On the completion of the third and present court-house, the old building was sold at public auction by the authorities.

PRESENT COURT HOUSE.

" Nothing extenuate, nor set down aught in malice."

Perhaps it is not possible to write an article on the court-house that will be satisfactory to all. As impartial historians, we simply give facts, which are matters of record, and let them speak for themselves

An act had been passed by the Legislature in February, 1867, authorizing an expenditure by the county court of fifty thousand dollars, and no more, for the purpose of erecting a new court-house. This act was passed on ap- plication of the county court. The old court-house, which was built in 1836,

was inconvenient and insufficient for the county's needs. It was a relic of the past. True, around it clustered many pleasant memories. In it had "glittered the intellectual steel of men born to be great." Back from its walls, through the long years came the faint reverberations of oratory and forensic eloquence of men whose names are written high up on the roll of honor and fame. But progress, in whose wake follows the arts, science and modern civilization, pulled down the walls, and erected in its stead the magnificent temple whose dome rises high, and whose spire points heaven- ward, reminding those who enter its portals, that here as there, should dwell eternal truth and justice.

If the members of the court who erected the court-house, had built such a house as would have supplied room and sufficient conveniences for the transactions of the county's business all would have been well, and the people would have submitted with good grace, and paid for it without com- pulsion.

In order that the reader may gain a clear idea of the history and cost of this structure, we quote profusely from the records.

Following the first step towards building a court-house, which was the act of Feb. 18th, above referred to, came the action of the county court at the March term, 1867, from the records of which we quote :

"That A. McKim Dubois, and George H. Holliday be associated with T. L. Loomis, county Judge, and Isham J. Peebles, associate Justice, as com- missioners to erect a new court-house in the city of Carlinville The foun- dations of the new court-house to be laid this year, and the building to be completed before the term of office of the present court." It was further ordered, "That a levy of fifty cents on each one hundred dollars valuation of property in Macoupin county for the year 1867, real, personal and mixed, be made for the purpose of erecting said court-house, and that the clerk extend the same tax on the collectors' books for the year 1867, and that it be collected as other taxes for county purposes ; Judge Yowell dissenting." The work was then inaugurated. At the June term following it was or- dered, " That the commissioners be instructed to proceed immediately to the procuring of suitable plans, adopt same, and contract for the erection of the court-house." It was not expected at this time that the cost of the pro- posed building would exceed two hundred thousand dollars. It was further ordered at the same term, " That the contracts be made for the whole house, or for such parts thereof as the commissioners in their judgment may deem for the best interests of the county."

It was ordered that Hon. T. L. Loomis be appointed agent for the county, to close and sign all contracts made by the said commissioners in behalf of the county, and that all contracts so executed by him, and with the advice and consent of the commissioners aforesaid, shall be binding upon the county of Macoupin, and that he be authorized to use any funds of the county at his disposal in payment on contracts made by him." The great power conferred on the agent by this order can be readily seen.

" In order to defray the expenses of the work so constructed, and paying for the lots purchased by the county for court-house purposes, and other pur- poses necessarily connected with the prosecution of the work, county orders be issued to the amount of two hundred thousand dollars, in sums of one hundred dollars each, bearing interest at the rate of ten per cent., payable semi-annually at the banking house of Chestnut & Dubois, on the first days of January and July of each year, said orders to run not exceeding ten years." At the same term, Messrs. Chestnut & Dubois were appointed agents of the county for the sale of the county bonds, and were instructed to pay out the proceeds arising therefrom on the order of T. L. Loomis, county agent. It was also ordered " That the county agent make a report of his acts, contracting and making payments for the construction to the court for the next three months preceding-that as much of the order made at the last term of this court respecting the building of a court-house as is conditional and is otherwise inconsistent with this order, be revoked." At the special term of the county court, held August second, 1867, it was ordered "that bonds to the amount of fifty thousand dollars be issued for the purpose of raising money to build a court-house, as provided by the act of the Legisla- ture, approved February 18th, 1867." The bonds to draw ten per cent. interest, payable semi-annually, and were to mature as follows : One-fifth in two years, one-fifth in three years, one-fifth in five years, one-fifth in seven years, and one-fifth in ten years. The building now began to assume grander proportions than had been expected, and the opposition to its erection grew fierce and determined. An injunction was applied for, and notice served upon the commissioners a short time after the passage of the act of the Le- gislature of Feb. 18th, 1867, in which they were sought to be enjoined from

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HISTORY OF MACOUPIN COUNTY, ILLINOIS.

continuing the work, and calling into question the authority of the county court to build a court-house. The trial was held before his honor, H. S. Baker, Judge of the city court of Alton. The complainants appeared by Henry W. Billings, and the Court by John M. Palmer. The injunction was denied, and the commissioners proceeded with the work. At the September term of the county court, the county agent made his report, showing, " That there had been expended for lots, laying foundations, issuing bonds, &c., the sum of 813,534.39;" he also reported that he had let the following contracts. (For the purpose of giving the uninformed reader information as to the cost in detail of various parts of the work, we subjoin contracts which were let for the constructing of different parts of the building.) "To Henry Wat- son, of Madison county, the concrete for foundations, at 27} cents per square foot. The range work at 65 cents per square foot, and the footing stone at 55 cents per foot. F. Johnson & Brother, Springfield, for the sill work course, $3.90 per superficial foot ; for the rustic work on the pilasters, $2.75 per superficial foot ; for the pitch-faced work, $1.90 per superficial foot; for moulded courses under the water table, 85.00 per lineal foot; for plain water table, 86.00 per superficial foot ; for stone steps, 81.50 per superficial foot; and all door sills required, at $1.50 per superficial foot. To R. D. Laurence, of Springfield, brick work at $15.20 per thousand."

At the December term of the county court the agent made a report of money expended and paid to contractors amounting to $49,942.53, and also reported the failure of the brick contractor to comply with the terms and specifications as required by the commissioners and the re-letting of the con- tract to William D. Richardson, at 816.20 per thousand. He further re- ported the "letting of the contract for the rock work above the basement to Messrs. Deakman & Massinger, of Chicago, upon the following terms, to wit : For the ashlar work, 82.40 per superficial foot ; for pilasters, 83.40 per foot; for pilasters plinth, $6.00 per foot ; for mouldings to plinth and columns, 88.00 per foot; for window sills, $2.00 per foot, and cubits, $3.00 each."

At the special term held January 11th, 1868, it was ordered " that A. Johnson & Brother be allowed 83,000 on account of stone work on base- ment." The orders were issued in amounts of $1,000 each, payable ten years from the 1st of January, 1868, with interest, at the rate of ten per cent. per annum. The same order was made for $25,000 to Henry Watson for stone work, 85,500 to Deakman & Massinger, and $4,000 to Richardson, payable as the work progressed. At the March term of the court, $35,156.85 was reported by the county agent and allowed upon different contracts. From this date there was no report made by the county agent to the court until at the special term held January 1st, 1869, when he reported amounts paid on contracts aggregating $313,044.25. At the special term held February 1st, the month following, he reported 8471,600.00 of orders which were granted. The opposition at this time to the building of the court-house grew more intense and outspoken. Indignation meetings were held in all parts of the county. Resolutions were passed, condemning the action of the commis- sioners, and calling upon them to make statements as to the amount of money already expended, and the probable cost of the structure when com- pleted. Prominent citizens were delegated to call on the commissioners, and ask them to give information that would satisfy the people. Threats were made, protests entered and such was the furor and excitement that it had the effect of calling into question the legality of the county court to issue interest bearing orders, and the validity of the same. A legal opinion had been obtained from John M. Palmer, which stated that the interest bearing orders were properly issued and were binding on the county. The commis- sioners asked for special legislation. The building was up to the cornice and no means attainable to finish it beyond. Confidence had to be restored in financial circles so that money could be obtained to finish the building. The Legislature was in session, and the commissioners sent agents to Springfield, who were familiar with the intricacies of special legislation. From the time it was understood by the people that the commissioners would endeavor to secure the passage of an act that would fasten the court-house debt upon them more securely and give the builders further lease of power and ability to issue bonds they commenced organizing to defeat their designs. The following bill was introduced in the Senate :

. " An Act to legalize certain acts of the county court of Macoupin county and to enable it to complete a court-house in said county."

Issue of bonds legalized.

Section 1. "That all bonds or other evidences of indebtedness heretofore issued, in good faith, by the court of Macoupin county, to raise money or

discharge contracts in reference to the building of the court-house in said county, are hereby legalized; and said county court is hereby authorized to borrow money and issued bonds therefore-bearing, not exceeding ten per cent., principal and interest payable at such time and place as may be indi- cated in said bonds-to raise whatever sum may be necessary to complete said court-house and improvements connected therewith."

Levy tax to pay interest.

Section 2. " It shall be the duty of the county court or other proper au- thorities of said county to levy a sufficient tax from year to year, not exceed- ing one per cent. in addition to the taxes now authorized by law, to pay the interest on said bonds and other evidences of indebtedness heretofore issued or hereafter to be issued in good faith, and the principal when due."

Section 3. "This Act to be in force and take effect from and after its passage."

Approved March 9th, 1869.

To resist the passage of the bill which had been referred to the judiciary committee, a mass convention of the citizens of Macoupin county assembled at Carlinville in February, 1869. The following resolutions were adopted, T. M. Metcalf presiding :

" WHEREAS the people of the county of Macoupin in mass meeting assem- bled, being informed that there is an attempt on the part of the county court and the court-house commissioners appointed by said court, to induce the Legislature, now in session at Springfield, by an act of their body, to legalize all the acts of said court and commissioners in the building of a court-house ; said house having been commenced and the work prosecuted thus far without their consent, and in direct violation of their expressed wishes; therefore be it-

" Resolved, That we are opposed to any act or measure that in effect or by express provisions, legalizes any illegal act or acts of said court or commis- sioners, the effect of which will be to saddle upon the people of this county a large indebtedness without their being consulted in regard thereto; and be it further-

" Resolved, That we look upon the acts of the county court in the building of the new court-house with alarm, they having taken it upon themselves, in violation of the express wish and will of the people, to involve them in a debt that we feel and know will be ruinous to the best interests of the county ; and be it further-

" Resolved, That this meeting, composed of tax-payers of the county, request the legislature not to legalize the wanton waste and squandering of the peo- ple's money as would be effected by the passage of the Senate bill upon this subject now before the house judiciary committee, but to save and protect them from what they believe to be a wholesale fraud.

" Resolved, As the sense and wishes of this meeting, that no legislation of right ought to be had by the present or future legislatures to legalize any of the illegal acts of the present county court of Macoupin county or the court- house commissioners.

" Resolved, That the county court of Macoupin county, in building a new court-house, has disregarded the almost unanimous and often-repeated pro- test of the people of this county; that it has utterly disregarded the best interests of the people, and has imposed a debt that the present generation may not hope to be able to cancel; that they have transcended the laws of the land and trampled under foot the bulwarks of our liberties; that such open and shameful violations of law and utter disregard of the people, is the worst form of tyranny and despotism, and that this convention regard and condemn as enemies to free government the authors and perpetrators of these evils."

A committee was appointed by that meeting to appear before the judiciary committee at Springfield to represent the people of the county and protest against the passage of the act.

Petitions signed by thousands of the citizens of the county poured in upon the legislature praying their non-interference, and asking them to prevent any legislation that would make the illegal acts of the county court and commissioners of the court-house binding upon the people. The commission- ers were summoned before the committee, and made statement under oath that the building would not cost over five hundred thousand dollars.

During the pendency of the fight before the judiciary committee at Spring- field, it was discovered that the record pertaining to the issuance of bonds and county orders and contracts made had not been written up by the county clerk, except that of the ($50,000) fifty thousand dollars. It became neces-

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HISTORY OF MACOUPIN COUNTY, ILLINOIS.

sary in order to secure such legislation, to produce the records. The county clerk was dispatched to write up the records, which he proceeded to do.

The commissioners, aided by the influence of the executive, secured the passage of the legalizing act.

At the March term of the county court, the following resolution was passed :

" WHEREAS by an act of the legislature of the state of Illinois approved March 9th, 1869, the county court of Macoupin was authorized to issue bonds for the purpose of raising moneys to complete the new court-house, and the improvements thereunto," etc. Bonds aggregating $272,000 were accord- ingly issued, placed upon the market by the financial agent, A. McKim Dubois, and sold. Of these bonds there were different classes, some maturing in five years, others in ten, fifteen and twenty years; all bearing date of issue April 1st, 1869, with ten per cent. interest from date.

At the September term in the same year, it was ordered that bonds to the amount of $408,000 be issued. They were similar to the bonds above men- tioned. At the October term, it was resolved, among other things, that, "Whereas, by an Act of the Legislature, approved March 9th, 1869, it is provided that all bonds and other evidences of indebtedness heretofore issued in good faith by the county court to raise money to discharge contracts in reference to building of said court-house in said county, are legalized." (See Act).

At the November term of the court, 8212,000 in bonds were ordered is- sued, and placed in the hands of the financial agent. The county agent also reported the letting of the contract for the iron roof and dome of the court- house, in accordance with the plans submitted by the architect, to J. P. Steadman & Co, of Philadelphia, for the sum of $125,115.

At the general election held in November, 1869, new members of the county court, who were anti-Court-house, were elected : P. C. Huggins, A. A. Atkins and M. Olmstead. They qualified, took the oath of office, and en- tered upon their duties on the first Monday in December of the same year. At a special term held January 12th, 1870, by the new county court, it was ordered " that all orders made heretofore by the county court appointing general or special agents to act in any matters wherein the people of said county have any interest, the same are hereby rescinded; that all agents heretofore appointed by order of said court make a full and final report of all their acts to this court, at a special term of this court, to be held Wed- nesday, first day of February, 1870."

At the special term held on the day above named, and in pursuance of the order of the court, "A. McKim Dubois came into court, and reported that he had received at divers times of T. L. Loomis bonds, interest bearing orders of said county, representing on their face an aggregate value of $1,- 466,900, and have realized out of the same $1,462,275.83; that Loomis deposited to that account himself 8121.25, making 81,462.397.08; that they have paid out on the checks of Loomis $1,342,308.32, leaving a balance of $120,188.64; that this has been reduced 848,600, leaving outstanding in- debtedness 81,418.300; that the report be received and made a part of the record." The report was received.

It may be here stated that the $120,188.64 balance still remaining in the hand of Messrs. Chestnut & Dubois at the time of their report, was after- wards absorbed in the payment of interest and other orders of the building commissioners. This does not appear of record, but there is filed in the office of the county clerk checks and orders paid after the report was made by Chestnut & Dubois, aggregating that amount, and paid by them.

At the July term of the county court, 1870, it was ordered " that so much of the proceedings of the court had heretofore in relation to the acceptance of the report of Chestnut & Dubois, and making such report a part of the record, the same is hereby rescinded." There appeared duplicate numbers of bonds, and therefore it was ordered " That no bonds of Macoupin county or coupons there attached be paid until they were presented to this court for approval and registry ; that the order be published in the county papers and in two papers in New York, and a copy be furnished Chestnut & Dubois, and Howe & Macy, New York." (Of these duplicate bonds it is claimed that they were issued fraudulently. Of this we can have no positive cer- tainty).

This concludes the information from the records that is pertinent to this branch of the subject. We introduce the excerpts from the proceedings to show and give the general reader some knowledge that perhaps had not heretofore been made public, although the records are the property of the common public. There has been expended in interest bearing orders and bonds for buildings, grounds, iron fence, jail, labor, interest paid, commis-

sions paid architect and commissioners, costs of issuing bonds and securing favorable legislation, the sum of 81,342,308.32, judging from the report of the financial agent made to the county court February 12th, 1870. From the same report it appears there were issued in interest bearing orders and bonds, representing on their face an aggregate value of $1,466,900, from which was realized the sum of 81,462,275.83. The final report of T. L. Loomis, county agent to the new county court, was made February 7th, 1870. In this report he shows previous reports made to the county court, and items of expenditures allowed, aggregating the following amounts :

September 7th. 1867

$ 15 534.39

December 7th, 1867.

49,942.53

March, 1868

35,156.85

January, 1869

350,970.30

December, 1869

838,541.73

February 7th, 1870.

43,532.81

Amount paid on jail not included in former reports .. 10,547.70

$1,342,226.31

The report was not approved. The court-house was completed in 1870, with the exception of those parts which still remain unfinished. The com- missioners resigned February 11th, 1870, after recommending an iron stair- way in the dome, to cost 81,200, which would complete the building.

During the Huggin's court, they employed an architect (Chas. H. Pond, of St. Louis), to make measurements of the building, and estimate the cost, as per the terms of the written contracts on file, for the respective parts of the work. He made a new plan of the building, and from it figured his es- timates, making the amounts aggregate as follows : 8643,867, which amount Pond stated under oath should have been the cost of the building, as esti- mated by the contracts on file. This, however, does not include building commissioners' fees, architect's fees, or per cent. on sale of bonds, etc., which were several thousand dollars more. We subjoin Pond's estimates, as follows:

J. P. Steadman & Co., contract for court-room.

$65,935.00

Howard & Co., contract for door, window frame and doors.

27,000.00

Howard & Co., contract for extras-window frame and sash. 3,465.00

Howard & Co., contract for extra doors .. 3,245.00

Philip Onings, contract for grading yard. 900.00

3,300,00

Gehlman & Tainter, seats for court-room

125,115.00

J. P. Steadman, roof and dome.

125,000.00

Dieckman & Messenger, remainder of stone work

Measures and calculations according to contract on following work :

24.923.10

Cut stone work.

59,730 94

Rustic work and moulding

Pitched work and door jambs.

4,732.37

Painting and bronzing.

4,229.11

Plastering.

31,811.38

Brick work.

12.515.43

Slate base and filing.

1,836.87

Excavation and concrete ..

3,055.60 Jail contract ..

14,000.00

Stairs and brick casing, estimated (no contract).

4,500.00

Heating apparatus, as paid.

1,689.40

Judges' stand, contract price ...

15,000.00

Fence and walk around the grounds ..

Estimated for plumbing, gas fixtures, iron railing, furniture for rooms, etc ...

50,000.00

$643,867.00

On the 17th of February, 1870, the following card, addressed to the tax- payers of Macoupin county, appeared in the "Carlinville Democrat" :

WHEREAS, There is doubt in the minds of the people of the county, in respect to the legal liability of the people of the county to pay a large por- tion of the nominal amount of the new Court-house debt; and

WHEREAS, A large amount of the taxes levied by the late County Court, for the purpose of paying said debt, are believed by us to be levied without authority of law ; and

WHEREAS, The payment of any extra, unauthorized and unnecessary taxes, is at this time particularly oppressive.

Now, for the purpose of settling the above questions, and of affording the people such relief as the law will afford, we recommend that the tax- payers who desire so to do, decline and refuse to pay so much of the taxes

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17,243.58

Ashlar work and pilasters.

28,515.45

Outside stone flagging and door sills, etc ...

11,781.57

Footing stone and rubble work

4,342.43

Measure and estimation painting court-room and roof ..

28,000.00

HISTORY OF MACOUPIN COUNTY, ILLINOIS.

now being demanded of them as is known and called "Special Tax," "Court- House Tax " and " Bond Tax, until the Court shall decide that the levy of said taxes is legal and binding; and that in order to test that question, when the Sheriff applies to the County Court for a judgment against the lands for such taxes, we will appear in behalf of all such tax-payers as shall desire us so to do, who for that purpose will furnish their names, free of charge, to resist the recovery of such judgment, and therein and thereby test the validity of such tax. The only expense attending this proceeding to the tax-payers, would be blanks, and the Democrat office proposes to furnish these free of charge.

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History of Macoupin County, Illinois, Part 15

Author: Brink, McDonough & Co. Publication date: 1879 Publisher: Number of Pages: 440

Author: Brink, McDonough & Co.
Publication date: 1879
Publisher:
Number of Pages: 440