USA > Illinois > Tazewell County > History of Tazewell county, Illinois ; together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history; portraits of prominent persons and biographies of representative citizens. History of Illinois Digest of state laws > Part 71
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The roadway was first surveyed by J. Edward Baring in 1867. He followed the line indicated at first in the charter, and the one upon which the organization was based. The final location of the road, however, varied from the original survey as the necessities of the location required. Soon an interest began to be manifested by the people along the line of the proposed road. Meetings were held and the people grew very enthusiastic over it. So zealous were the people at Delavan, and so anxious were they to secure the road for their town, that all the lots it touched passing through were freely given. A prominent man there, who grew over-zealous, perhaps, said he would give the company the right of way to run through his library if they wanted to. Elections were held along the line for the purpose of voting for or against subscribing to the road. In this county the result of these elections were : Pekin voted $75,000; Del- avan, $50,000; and Tazewell county, $100,000. In Logan county it was voted upon to give $300,000, but the measure was defeated by 17 ballots. In November, 1867, another election was held, and the proposition carried. The county authorities refused to issue the bonds, however, and it was finally compromised by the issue of $150,000 of bonds to the company. Macon county gave $100,000.
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HISTORY OF TAZEWELL COUNTY.
The election at Pekin was held March 2, 1867, and the vote stood 698 for, and 12 against, the subscription.
In the spring of 1869, the Directors advertised for bids for the construction of the road. After holding a succession of meetings, and considering propositions from various parties, the contract was finally awarded to a company known as the Pekin Railway Con- struction Company. This company, which consisted of Teis Smith, C. R. Cummings, G. R. Cobleigh, Peter Weyhrich, Bergstresser & Gill, and D. C. Smith, commenced work in September of the same fall (1869). The construction company elected Teis Smith, Presi- dent; G. R. Cobleigh, Secretary and Superintendent ; and Peter Weyhrich, Treasurer. The idea of organizing this company origi- nated in the mind of Mr. Cobleigh. Several of the gentlemen who afterwards composed the company, were on their road to Lincoln to attend a railroad meeting, when it occurred to Superintendent Cobleigh that if any set of men could profitably construct that road they certainly could. He proposed to his companions to form a company and take the contract for building it. This they regarded as a happy thought, and heartily entered into the enterprise, and the company was formed, and the road successfully built by it.
The company claimed the right and privilege of locating the road, and for this purpose employed Mr. Edward Powers as chief engineer. Under him the line was re-located. He had charge of the work until the spring of 1870, when B. C. Smith, the construction com- pany's engineer, was appointed chief engineer, and continued in charge until the road was completed. Grading through Tazewell county was completed early in the year 1870; the first work on the road being done in 1869, between Pekin and Delavan. The contractors made contracts in England for iron sufficient to lay the track through this county ; owing to unavoidable delay, how- ever, the iron did not reach Pekin until the latter part of Au- gust. The people along the line were growing anxious for the completion of the road, but the unflagging energy with which the contractors pushed the work, and the character and standing of the men in charge, plainly told them that no unnecessary delay would be made. On the arrival of the iron, track laying was vigorously commenced, and that part of the road between Pekin and Delavan was completed that fall. That portion of the road was then oper- ated by the construction company for passenger and freight traffic. The first engine was purchased in Chicago by Mr. Cobleigh.
Early in the spring of 1871, work was again commenced, and as fast as track was laid, trains for the accommodation of the public were run, and so considerable was the traffic that it was evi- dent the enterprise would be a paying one. In 1871 the road was leased to the Toledo, Wabash & Western Railway Company ; lease to take affect upon the completion of the road by the contractors. The road was completed to Decatur on the 6th day of October, 1871. Mr. Cobleigh, the present General Superintendent, had entire
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GEN: SUPT P. L & D RY.
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HISTORY OF TAZEWELL COUNTY.
charge of the construction of the road, and the management of the trains. By his request the contract for grading was sub-let. In making the sub-contracts, the Construction Company reserved the privilege of paying the laborers before giving sub-contractor any money. The reason for this was, at that time many roads were being constructed, and the sub-contractors would not pay their laborers, thereby swindling poor men, and bringing the road into disrepute. To avoid this, Mr. Cobleigh in person paid every labor- ing man in this branch of the work, and also made every payment in the construction of the road througout. He also did nearly all of the purchasing, and it seems remarkable that one man could attend to so much, and perform his work so well as he did, during the building of P., L. & D. Railway.
The T., W. & W. Ry., ran the road for four and a half years. The road was mortgaged for $16,000 per mile, and the lease held by the T., W. & W., required them to pay the interest on this indebt- edness, and to maintain the road. In the spring of 1876, the T. W. & W., being behind about two years in the payment of interest, the bondholders foreclosed the mortgage and sold the road. It was bid in by them for $500,000, and re-organized as the Pekin, Lincoln & Decatur Railway Company. C. R. Cummings was chosen Presi- dent ; J. B. Cohrs, Secretary ; R. A. Bunker, Treasurer, and John S. Cook, General Manager. The road was operated under this management until the fall of 1878. Mr. Cook resigned as General Manager, when that office was abolished, and G. R. Cobleigh ap- pointed Gen. Superintendent, which position he now holds. Before the time of his eleetiod to his present position, which was Dec. 1, 1878, Mr. Cobleigh was Purchasing Agent and Supt. of Track. The present officers of the road are, President, C. R. Cummings ; Secretary, J. B. Cohrs; General Superintendent, G. R. Cobleigh ; Treasurer, R. A. Bunker; General Freight Agent, G. L. Bradbury ; General Ticket Agent, L. M. Rupert.
The P., L. & D., extends from Pekin to Decatur, a distance of 68 miles. It has a lease, however, of the Peoria & Springfield Road, running from Pekin to Peoria, which it operates and controls all roads running over it, and makes the time-cards. These roads are, besides their own, the I., B. & W., and the C., P. & S. W. It con- nects at Decatur with roads running south, east and west. The road-bed is good, well drained, level and uniform. The rolling- stock is first-class ; conductors, agents and employes accommodating and courteous, and the general management is all that could be desired by the public, employes and stockholders.
Columbus R. Cummings, President of the P., L. & D. Railway, is the son of James P., and Clarissa (Wilson) Cummings. He was born in St. Lawrence county, N. Y., Oct. 14, 1834. He came to Chicago, Ills., in 1853, and entered a mercantile house as clerk and in the fall of 1859, came to Pekin, where he embarked in the dry goods business in company with his brother, C. B. Cummings. Since
42
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HISTORY OF TAZEWELL COUNTY.
his advent into Tazewell county, Mr. C., has been actively identi- fied with all the leading enterprises of the county. He was married June 26, 1862, to Miss Sarah C. Mark, daughter of David Mark, an early settler of this county. President Cummings has served the city of Pekin as Mayor, and is an honorable citizen and a judicious railroad man.
Gordis R. Cobleigh, General Superintendent of this road, and whose portrait will be found in this volume, was born in Lisbon, N. H., Dec. 22, 1838. He is the son of Roval E., and Mercy (Vilas) Cobleigh. His mother was a native of Vermont, his father of New Hampshire. The latter died when the subject of this sketch was ten years old, and since that time he has been obliged to look out for himself. It took all the money he had to get out West, and he started here with absolutely nothing, and he is one of the most re- spected men of the county and has acquired considerable property. He came to this county Dec. 19, 1856, and taught school for two winters, and worked on a farm in summers. In the fall of 1859, he entered the mercantile trade at Pekin, in company with H. Mont- gomery. He continued in this, the grocery business, for about two years, when, in 1862, he entered a wholesale grocery house in Chi- cago as book-keeper. We find him next in Peoria, actively engaged in the commercial business, where he remained until 1864, when he came to Pekin and embarked in the dry goods business in com- pany with C. B. Cummings. He continued in this line for eight years, when he commenced railroading, which business he has since continued to follow, and his labors are mentioned above in this ar- ticle. He is a judicious railroad man and keeps in view the accom- modation of the general public as well as the interests of the stock- holders. He is esteemed by all the employes and has the best wishes of the community. In 1864, Feb. 25, he was united in marriage with Mary V. Smith. Their children number five, only three of whom are living, two having crossed the Jordan of Death. The names and dates of births of children are as follows : Roval E., born April 23, 1865, died Nov. 4, 1865; Franeis A., born April 10, 1867; William S., born Aug. 30, 1868; Gordis R., jr., born July 7, 1870, died Nov. 24, 1873; Mary V., born March 2, 1875. Supt. Cobleigh has served as Alderman of the city of Pekin for three terms, and at present represents the fourth ward in the City Council. He was Enrolling Officer in 1863 for recruiting for the U. S. army, and Postmaster in Peoria county. He is a Universalist in religious belief, and politically a Republican. Residence, corner of Colt and Washington streets, Pekin.
TOLEDO, PEORIA & WARSAW R. R.
One of the principal arteries by which the produce of the North- west is transported to the seaboard, is the T., P. & W. R. R. Under its present able management it has taken rank with the greater lines of our country. Its road-bed is level, well ironed and smooth.
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HISTORY OF TAZEWELL COUNTY.
Its rolling stock, both freight cars and coaches, is equal to that run by the oldest and most prosperous of roads.
The T., P. & W. was formerly the castern extension of the Peoria & Oquawka road, which was constructed in about 1860. It was changed to the T., P. & W. in about 1864, and in February, 1875, was given into the hands of A. L. Hopkins, as Receiver, who is one . of the ablest railroad men in the United States. The road crosses the Illinois river at Peoria, runs through Fond du Lac and Wash- ington townships, passing through the city of Washington. There are 16 miles of this road in Tazewell county.
ILLINOIS MIDLAND.
This is a consolidation of the Peoria, Atlanta & Decatur and the Paris & Decatur Railroads. The road was constructed in 1872. Its line extends from Terre Haute, Ind., to Peoria, Ill., a distance of 176 miles. There are more miles of this road in Tazewell county than any of its other seven roads. It leaves Peoria, entering the county at Fond du Lac, running diagonally through Morton, touch- ing Tremont, passing south through Mackinaw, Little Mackinaw and Hittle. There are 29 miles of track in this county, of the Illi- nois Midland, valued at $57,000.
THE CHICAGO, PEKIN & SOUTHWESTERN RAILROAD.
The C., P. & S. W. R. R. Co. is the successor of the Chicago & Plainfield Railroad Company. The first charter of the C. & P. R. R. Co. was approved Feb. 24, 1859. The corporators named therein being Lyman Foster, D. W. Cropsy, K. J. Hammond, G. W. Bradley, John Moore, John Letsey, A. K. Wheeler, Wm. Thurber and Benj. Pickertson. They were empowered to locate and construct a railroad from Chicago, by way of Plainfield, to or near Ottawa. Afterwards, on the 25th of Feb., 1867, an amend- ment was approved to the charter, which provided that said com- pany be allowed " to extend their line of railroad from some eligible point therein near the southern line of Kendall county, thenec south westerly into the county of Peoria." Again, on the 29th of March, 1869, an amendatory aet was passed to the above charter, providing " that said corporation, heretofore known as the 'Chicago and Plainfield Railroad Company,' shall hereafter be known and called the ' Chicago, Plainfield and Pekin Railroad Company,' " and in this act it was provided that the said company have the right to locate and build their line of road through Groveland township, Tazewell county, to Pekin, and that it should be authorized and em- powered to receive subscriptions and donations to aid in the con- struction of said road, and also to borrow money and to issue bonds to the extent of $15,000 per mile, to obtain funds to construct and equip the line. April 19, 1869, the name was again changed to the present one.
The first Board of Directors of the Company was elected
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HISTORY OF TAZEWELL COUNTY.
June 29, 1869, and consisted of B. S. Prettyman, P. Weyhrich, George Greigg, C. R. Cummings, John M. Dougherty, W. A. Ross, B. H. Harris, C. Sharp, H. R. Kiff, J. R. T. Overholt, J. Dieven- baugh, E. T. Pierce, and R. Clark. The first contract for building the road was made between the C. & P. Co. and Richard P. Morgan, who was afterwards joined by E. T. Pierce. This contract was de- clared forfeited by the first Board of the C., P. & S. W. Railroad Co., and another contract entered into by said Board and Messrs. Roder- iek Clark of LaSalle Co., Cragie Sharp, of Woodford Co. and Edgar T. Pierce, of LaSalle Co. Pierce, Clark and Sharp did some grading on the line and purchased some materials but became cramped and embarrassed in the work and failed.
On April 14, 1871, the contract of Pierce, Clark & Sharp was, with consent of all parties interested, transferred to Col. Ralph Plumb, of Streator, in order to more vigorously prosecute the work. On June 29th, 1871, on the resignation of R. Clark, F. E. Hinckley was elected a member of the Board of Directors. On Jan. 9, 1872, F. E. Hinckley was elected President and F. Plumb, Secretary. From the last date forward the work was prosecuted with vigor and determination and results began to show, although hindered and harrassed by litigation caused by former mismanagement. On Dec. 18, 1872, the contractor, Col. Plumb, announced to the Board of Directors that the track was laid from Streator to Pekin, 64 miles, and a few days later, Jan. 6, 1873, that portion of the road was opened for business, and continued to be operated between these points until Feb., 1876, when an extension of the road from Streator to Mazon river was turned over by the contractor to the company, and by the acquirement of a few miles of road from the Mazon river to Joliet the C., P. & S. W. R. R. now have a short direct line from Pekin to Joliet, with mutual running arrangements with the Chi- cago & Alton R. R., forming a through Chicago line.
Francis E. Hinckly has remained President of the road since his election in 1871, and has managed the property vigorously, and through this and other roads under his management, acquired a high reputation as a skillful railroad manager. The road has been thoroughly equipped with freight cars, coaches and engines, and the business developed and encouraged.
The Superintendent of this road, Mr. D. H. Conklin, is located at Streator. He is a railroad man of thorough experience and intel- ligence. He is a telegraph operator, and can watch the running of his trains at all points, and is always ready, when necessity requires, to run an engine over the road, or conduct a freight train. P. B. Shumway, the General Freight Agent, is a man of ability and shrewdness, and alive to the necessities of the business of the road in that department. B. T. Lewis is at the head of the passenger department, and although a young man, has had much experience in railroading, and displays an ability and tact fitting him for the responsible position. The general offices of the company are located at Chicago.
DIGEST OF STATE LAWS.
LAWS.
The courts recognize two kinds of law, Statute and Common. Statute law is that which is enacted by the Legislature. Common law consists of all the law of England, -whether Statute, or Com- mon, which was in force in that country at the time of our inde- pendence, and recognized by our courts, and which has not since been repealed or disused.
We have what is called established law. For this branch of common law there is no authority excepting the decisions of the courts; hence the value of the reported decisions which are pub- lished by official reporters. The law presumes that every body is acquainted with it. Mistakes of fact can be corrected by the courts, but not mistakes of law; no man being permitted to take advantage of a mistake of the law, either to enforce a right, or avoid an obli- gation; for it would be dangerous and unwise to encourage igno- rance of the law, by permitting a party to profit, or to escape, by his ignorance. One is required at his peril to know the law of his own country.
JURISDICTION OF COURTS.
Justices have jurisdiction in all civil cases on contracts for the recovery of moneys for damages, for injury to real property, or tak- ing, detaining, or injuring personal property; for rent; for all cases to recover damages done to real or personal property, by railroad companies; in actions of replevin; of actions for damages for fraud; in the sale, purchase, or exchange of personal property, when the amount claimed as dne is not over $200. They have also jurisdic- tion in all cases for violation of the ordinances of cities, towns, or villages. A justice of the peace may orally order an officer or a private person, to arrest any one committing, or attempting to com- mit a criminal offense. He also, upon complaint, can issue his warrant for the arrest of any person accused of having committed a crime, and have him brought before him for examination.
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DIGEST OF STATE LAWS.
COUNTY COURTS
Have jurisdiction in all matters of probate (except in counties having a population of one hundred thousand or over ), settlement of estates of deceased persons, appointment of guardians and con- servators, and settlements of their accounts; all matters relating to apprentices; proceedings for the collection of taxes and assesments, and in proceedings of executors, administrators, guardians, and conservators, for the sale of real estate. In law cases, they have concurrent jurisdiction with Circuit Courts in all cases where jus- tices of the peace now have, or hereafter may have, jurisdiction when the amount claimed shall not exceed $1,000; and in all crim- inal offenses, where the punishment is not imprisonment in the pen- itentiary or death, and in all cases of appeals from justices of peace and police magistrates, except when the county judge is sitting as a justice of the peace.
Circuit Courts have unlimited jurisdiction.
COMMISSIONERS OF HIGHWAYS.
The commissioners of highways in the different towns, have the care and superintendence of highways, and bridges therein. They have the power to lay out, vacate, regulate and repair all roads, build and repair bridges, and divide their respective towns into as many road districts as they shall think convenient. . This is to be done annually, and ten days before the annual town meeting. In addition to the above, it is their duty to erect and keep in repairs at the forks or crossing-place of the most important roads, post and guide-boards, with plain inscriptions, giving directions and dis- tances to the most noted places to which such roads may lead; also to make provisions to prevent thistles, burdock, cockle-burs, mus- tard, yellow dock, Indian mallow, and jimson weed from seeding, and to extirpate the same as far as practicable, and to prevent all rank growth of vegetation on the public highways, so far as the same may obstruct public travel; and it is in their discretion to erect watering places for public use, for watering teams at such points as may be deemed advisable. Every able-bodied male inhab- itant, being above the age of twenty-one years, and under fifty, ex- cepting paupers, idiots, lunatics, trustees of schools and school di- rectors, and such others as are exempt by law, are required to labor on highways in their respective road districts, not less than one,
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DIGEST OF STATE LAWS.
nor more than three days in each year. Three days' notice must be given by the overseer, of the time and place he requires such road labor to be done. The labor must be performed in the road district in which the person resides. Any person may commute for such labor by paying the equivalent in money. Any person liable for work on highways, who has been assessed two days or more, and has not commuted, may be required to furnish team, or a cart, wagon or plow, with a pair of horses or oxen and a man to manage them, for which he will be entitled to two days' work. Eight hours is a days' work on the roads and there is a penalty of twenty-five cents an hour against any person or substitute who shall negleet or refuse to perform. Any person remaining idle, or does not work faithfully, or hinders others from doing so, forfeits to the town $2. Every person assessed and duly notified, who has not commuted, and refuses or neglects to appear, shall forfeit to the town for every day's refusal or neglect, the sum of $2; if he was required to furnish a team, carriage, man or implements, and neg- lects or refuses to comply, he is liable to the following fines: 1st, For wholly failing to comply, $4 each day; 2d, For omitting to furnish a man to manage team, $2 each day; 3d, For omitting to furnish a pair of horses or oxen, $1.50 each day; 4th, For omitting to furnish a wagon, cart or plow, 75 cents each day. The commis- sioners estimate and assess the highway labor and road tax. The road tax on real and personal property ean not exceed forty cents on each hundred dollars' worth. The labor or road tax in villages, towns or cities, is paid over to the corporate anthorities of such, for the improvement of streets, roads and bridges within their lim- its.
The legal voters of townships, in counties under township organ- ization may, by a majority vote, at their annual town meeting, order that the road tax may be collected in money only.
Overseers .- Their duties are to repair and keep in order the high- ways in their districts; to warn persons to work out their road tax at such time and place as they think proper; to collect fines and commutation money, and execute all lawful orders of the commis- sioners of highways; also make list, within sixteen days after their election, of the names of all inhabitants in his road distriet, liable to work on highways. For refusal to perform any of his duties he is liable to a fine of $10.
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DIGEST OF STATE LAWS.
As all township and county officers are familiar with their duties, it is here intended only to give the points of law with which the public should be familiar. The manner of laying out, altering, or vacating roads, etc., will not be here stated, as it would require more space than can be spared in a work like this. It is sufficient to state that the first step is by petition, addressed to the commis- sioners, setting out what is prayed for, giving the names of the owners of the lands, if known (if not known, so state), over which the road is to pass, giving the general course, its place of beginning, and where it terminates. It requires not less than twelve freehold- ers residing within three miles of the road, who shall sign the peti- tion. Public roads must not be less than fifty, nor more than sixty feet wide. Roads not exceeding two miles in length, if petitioned for, may be laid out not less than forty feet wide. Private roads for private and public use may be laid out three rods wide, on peti- tion of the person directly interested; the damage occasioned there- by shall be paid by the premises benefited thereby, and before the road is opened. If not opened in two years, the order shall be con- sidered recinded. Commissioners in their discretion may permit persons who live on or have private roads, to work out their road tax thereon. Public roads must be opened in five years from date of filing order of location, or be deemed vacated.
FENCES.
The town assessor and commissioners of highways shall be fence viewers in their respective towns in counties under township organ- ization. In other counties, the county board appoints three in each precinct, annually.
A lawful fence is four and one-half feet higli and in good repair, consisting of rails, timbers, boards, stones, hedges, or any other material the fence viewers may deem sufficient. The electors at any annual town meeting may determine what shall constitute a legal fence in the town.
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