USA > Indiana > St Joseph County > A history of St. Joseph County, Indiana, Volume 1 > Part 33
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See. 5 .- THE SHERIFF .- Although the con- stitution of 1816 provided for the election of both a sheriff and a coroner, yet neither of these officers is mentioned in the aet of Janu- ary 29, 1830, for the formation of St. Joseph county. None seems to have been elected, nor is there any record of the appointment of either such offieer by the board of justiees or by the board of commissioners.
The legislature, however, by an act ap- proved February 9, 1831,2 seems to have ree- ognized that Samuel L. Cottrell was appointed by the board of justiees as our first sheriff, for the year 1830. The act is as follows :
"Whereas, it is represented to this general assembly, that Samuel L. Cottrell aeted as sheriff to the board of justiees of the county of St. Joseph, from the month of August in the year of our Lord one thousand eight hundred and thirty, to the month of Novem- ber in the same year, without being legally elected and commissioned : and some doubts having arisen as to the legality of the pro-
α. Special and Local Acts, 1852, p. 32.
v. Special Acts, 1830, pp. 97, 98.
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HISTORY OF ST. JOSEPH COUNTY.
ceedings of said board in consequence there- of; wherefore,
"Be it enacted by the general assembly of the state of Indiana, that the acts and pro- ceedings of said board of justices of the county of St. Joseph, for and during the time aforesaid, be and the same are hereby declared as legal and valid, as if the said Samuel L. Cottrell had been sheriff of said county, according to law, at the taking place thereof."
The board of commissioners also, by an or- der entered on the third day of their first term, September 7. 1831, recognized Mr. Cottrell as having acted as sheriff during the first year of our county history, and made him an allowance for his services, as follows: "Ordered by the board aforesaid, that Samuel L. Cottrell be allowed the sum of twenty-two dollars for services rendered said county as sheriff."
The sheriff's succeeding Samuel L. Cottrell were: Benjamin McCarty, 1831; Scott West, 1832; Daniel A. Fullerton, 1832 to 1833; Samuel L. Cottrell, 1833 to 1838; Charles M. Tutt, 1838 to 1842; Lott Day, sr .. 1842 to 1846; Lott Day, jr., 1846 to 1850; Ralph Staples. 1850 to 1852; Benjamin F. Miller, 1852 to 1856; Evan C. Johnson, 1856 to 1860; Nelson Ferris, 1860 to 1864: Solomon W. Palmer, 1864 to 1868; George V. Glover, 1868 to 1872; Joseph Turnock, 1872 to 1876; Rob- ert Hardy, 1876 to 1878: James Dougherty, 1878 to 1880; Zachariah M. Johnson, 1880 to 1884; George Rockstroh, 1884 to 1886; John Finch, 1886 to 1890; Andrew J. Ward, 1890 to 1894: James C. Eberhart, 1894 to 1898; Charles E. McCarty. 1898 to 1903; Schuyler C. Robinson, 1903 to 1905; David J. Schafer, 1905 to -.
Sec. 6 .- THE CORONER .- The office of cor- oner, closely related to that of sheriff, was held by Samuel L. Cottrell beginning in 1834: Edmund Pitts Taylor. 1835; Daniel D. Custard, 1838; Jacob Hardman, 1840; Leon- ard B. Rush, 1841; Israel De Camp, 1843; Truman Fox, 1845: Richmond Tuttle, 1847;
Allen Bassett, 1852; Aaron A. Webster, 1854; Andrew H. Long, 1856; Daniel Day- ton, 1874; Israel Underwood, 1876; John C. Miller. 1878; Alexander Rixa, 1880; Corne- lius H. Myers, 1881; Hugh T. Montgomery, 1884; Erastus M. Drollinger, 1890; James A. Varier, 1892; Richard B. Dugdale, 1894; Callie A. Rennoe, 1900; Henry C. Holtzen- dorff, 1904; Stanley A. Clark, 1906.
Sec. 7 .- THE TREASURER .- The office of county treasurer was at first an appointive one. By an act approved January 8, 1831," it was made the duty of the boards doing county business, "at their first meeting after the first day of February annually, to ap- point some respectable elector as county treas- urer." This officer was required to give bond to the satisfaction of the board, and to per- form duties similar to those now required. ITis compensation was fixed at "one and a half per centum, for all moneys received, and one and a half per centum, for all moneys paid out for the county; excepting, how- ever, moneys arising from the sale of lots at county seats, in which case he shall receive no more than two per centum for both re- ceiving and paying out."
As we have already seen, John D. Lasły was appointed by the board of justices as first treasurer of the county for the year 1830. This was the first order made by our first county board.b
Aaron Miller was appointed second treas- urer of the county, by an order of the board of county commissioners. made September 7, 1831, as follows :
"Ordered by the board aforesaid, that Aaron Miller be appointed county treasurer of said county, from this time until the first of March next, and until his successor be appointed and qualified : and that said Aaron Miller is required to give bond with good se- curity in the penal sum of two thousand dollars. William McCartney and Benjamin
a. Revised Statutes, 1831, p. 136; R. S., 1838, p. 158.
b. See Chap. 5 of this work, Subd. 4.
185
HISTORY OF ST. JOSEPH COUNTY.
McCarty are approved by the board as se- curity." John T. McLelland was appointed treasurer in 1834.
By an act approved February 12, 1841,ª the office was made eleetive by the people, and the term fixed at three years. The eon- stitution of 1851 made the office a constitu- tional one, but shortened the term to two years; also, as in case of other county officers, limiting the incumbent to two sue- cessive terms.b
From the time when the office was made elective the county treasurers have been as follows : Albert Monson, 1841; John K. Wright, 1850; Robert B. Niear, 1851; Solo- mon Miller, 1856; John H. Harper. 1860; Ezekiel Greene, 1864; Hiram Miller, 1868; David B. Creviston, 1872; C. Henry Sheerer. 1876: John Hay, 1878; Frederick Lang. 1880; Emanuel R. Wills, 1884; George H. Stover, 1888; Simon Yenn, 1892; William H. Oren, 1894; John W. Zigler, 1898; Adam Hunsberger, 1903; William C. Stover, 1907.
The bonds given by the county treasurer from time to time may be some indication of the constant growth of the county sinee its organization. As we have seen, the first treasurer, John D. Lasly, was required, in 1830, to give a bond in the sum of one thous- and dollars; and the second, Aaron Miller, in 1831, in the sum of two thousand dollars. John K. Wright, in 1850, gave a bond of forty-three thousand dollars: Robert B. Nicar, in 1851. a bond of fifty thousand dol- lars; Solomon Miller, in 1856, eighty thous- and dollars : and the same treasurer, in 1858, one hundred thousand; John H. Harper, in 1860. one hundred and thirty thousand; Hiramı Miller, in 1870, one hundred and fifty thousand: Simon Yenn, in 1892, three hun- dred thousand; William H. Oren, in 1894, four hundred thousand; and Adam Huns- berger, in 1903, seven hundred and fifty thousand. William C. Stover, the present county treasurer, who is also ex-officio city
a. Acts, 1840, p. 27.
b. Constitution, 1851, Sec. 2, Art. 6.
treasurer of South Bend, has given a bond of nine hundred and fifty thousand dol- lars.
Sec. 8 .- THE SURVEYOR .- County survey- ors, as appears from an aet approved Feb- ruary 4, 1831," were originally "appointed in each and every county, by the boards do- ing county business in the respective coun- ties." Afterwards, by an act approved Feb- ruary 2, 1833,' the power of appointment to this office was placed in the cireuit court, and the duration of the office was fixed at three years. The right of appointment was still later plaeed again in the county board, but the term remained three years.c
While it does not appear from any order of record made by the board of justiees that any surveyor was appointed by that board, yet it is quite evident that William Brook- field acted in that capacity during the years 1830 and 1831. He was a deputy United States surveyor, and made the first land sur- veys of the county. He platted his own town of St. Joseph's. the first county seat ; and also platted for Coquillard and Taylor the town of South Bend, the permanent county seat.
To the plat of South Bend there is ap- pended the following certificate :
"The scale by which this town is laid off is ten rods to the inch.
"Wm. Brookfield, "Surveyor. "March 28, 1831."
William Clark was appointed the second county surveyor by an order of the board of county commissioners, made November 1, 1831, as follows:
"Ordered by the board aforesaid, that Wil- liam Clark be appointed county surveyor in and for said county."
On the same day the following order was likewise entered: "Ordered by the board
a. Indiana R. S., 1831, pp. 516-518; R. S., 1838, pp. 576-578. b. Acts, 1832, pp. 106-108; R. S., 1838, pp. 578- 580.
c. See R. S., 1843, p. 103.
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HISTORY OF ST. JOSEPH COUNTY.
aforesaid, that William Clark, the county surveyor, be requested to procure certified copies from the registers of the different land offices wherein the lands lying in said county have been sold, the field notes of the townships, ranges, sections, fractional sec- tions and quarter sections, as originally sur- veved; and deposit the same in the recorder's office of said county, according to law."
Tyra W. Bray was appointed surveyor by the board of commissioners at the September term, 1832. He held the office until 1836, when Thomas P. Bulla succeeded to the of- fice; and thereafter continued to hold it until 1856, serving the last four years by election under the new constitution.
In 1851 the office became a constitutional one. and elective by the people of the county. The term was fixed at two years, but there was no limitation as to the number of terms which an incumbent might fill.a
Milton W. Stokes succeeded Thomas B. Bulla in 1856, and held the office until March 12, 1864, when he was succeeded by Wil- liam D. Bulla, who held until December 5, 1865. William M. Whitten became surveyor in December. 1865, and held the office until 1868. when Milton V. Bulla was elected ; he continued in office until 1872. In 1872, Mr. Whitten was again elected. In 1874, Arthur Joseph Stace became county surveyor and held the office until 1880; when Mr. Whitten was again elected. Mr. Whitten held the office from 1880 until 1888; when Benjamin F. Waldorf was elected, continuing in office until 1892. In 1892 William E. Graves was elected : and in 1894, George H. Leslie. Frederick W. Keller succeeded to the office in 1899: and Titus E. Kinzie, the present in- cumbent, became surveyor in 1905.
Sec. 9 .- THE COUNTY BOARD .- The first county board. called the board of justices, and consisting of Lambert MeCombs, Adam Smith and Levi T. Arnold, served but a part of the year 1830. Elected in August of that
a. Sec. 2, Art. 6, Constitution of 1851; 1 R. S., 1852, p. 469; 1 Gavin and Hord, p. 595.
year, their official action seems to have come to an end with their fourth session, in No- vember, 1830.
The first board of commissioners, elected in August 1831, consisted of Aaron Stanton, elected for three years; David Miller, for two years; and Joseph Rohrer, for one year. Thereafter, the requirement of the act or- ganizing the board was. that each year one commissioner should be elected for three years, from the district represented by the commissioner whose term should expire at the end of the current year. The term of each commissioner was fixed at three years; and in case of a vacancy the commissioner elected should serve only until the end of the term, the design being that one commissioner should go out and one come in each year.
At the election held on the first day of August, 1832, John Ireland, of the first dis- triet, was elected commissioner for three years. to succeed Joseph Rohrer, whose term expired that year. At the same election, John Martindale, of the second district, was elected commissioner for one year "to fill a vacancy occasioned by the resignation of David Miller." And at the same election Benjamin Hardman, of the third district, was elected commissioner for two years, to fill the vacancy apparently occasioned by the departure of Aaron Stanton from the county. Afterwards commissioners were elected for full terms or to fill vacancies, as follows: In 1833, Lott Day and Reynolds Dunn; in 1835. Orlando M. Hurd: in 1836. William H. Patteson : in 1837, George Holloway and Alonzo Delano: in 1840, Thomas D. Vail: in 1841, Gilman Towle: in 1842. Matthew B. Hammond: in 1843, Thomas D. Vail; in 1844, Gilman Towle: in 1845, Matthew B. Hammond; in 1846, Ranson Hubbard; in 1847, Gilman Towle; in 1848, Samuel M. Chord: in 1849, John Drulinger: in 1850, Gilman Towle: in 1851, Edwin Pickett: in 1852. John Drulinger: in 1853, Gilman Towle: in 1854, John Hammond: in 1855, John Drulinger; in 1856, Gilman Towle; in
187
HISTORY OF ST. JOSEPH COUNTY.
1857, John Hammond; in 1858, James C. John Ernsperger; in 1879, Dwight Deming Williams; in 1859, William F. Bulla; in 1860, Francis R. Tutt; in 1861, James C. Wil- liams; in 1862, Gilman Towle; in 1863, Clement Studebaker; in 1864, Nathaniel Frame ; in 1865, Gilman Towle; in 1866, John C. Knoblock; in 1867, Nathaniel Frame; in 1868, Gilman Towle. (There was no elec- tion in 1869, for the reason that the legisla- ture had provided for biennial elections, instead of annual elections, as formerly. Had there been an election in 1869, commissioner John C. ,Knoblock's successor would then have been chosen; as it was, Mr. Knoblock held over until the election of Dwight Dem- ing, his successor, in 1870. Mr. Deming, through a misundertsanding, held his office for three years, instead of holding for two years only, and so filling out the term for which Mr. Knoblock had held one year. Many errors of this kind occurred at this time in different counties. To correct these mistakes, and restore the terms to the regular length of three years, one commissioner com- ing in each year. as intended by the original act of January 19, 1831, organizing the board of county commissioners;" the legisla- II. THE CIRCUIT COURT. ture passed a remedial act, approved March 7. 1885.b In accordance with the provisions of this act of 1885, the term of commissioner Jacob Eaton was afterwards extended from 1885 to 1890, and thus the error which had existed from 1872 to 1890 in the terms of the commissioners of the second district was cor- rected. Since 1890, the terms are each three years, and one commissioner succeeds to the office each year, according to the original plan of the act of 1831.º In 1870, Dwight Deming became county commissioner ; in 1871, Albert Cass; in 1873, Dwight Deming; in 1874, John Ernsperger: in 1876, Dwight Deming and William D. Rockhill; in 1877.
a. R. S., 1831, p. 129.
b. Acts, 1885, pp. 69, 70.
c. See Commissioners' Record, No. 11, for the opinion of the county attornery, according to which the error in commissioners' terms was cor- rected.
and William D. Rockhill: in 1880, Newton Jackson and Charles G. Towle; in 1882, Isaac Early and Samuel Bowman; in 1883, Charles G. Towle; in 1885, Jacob Eaton and Dixon W. Place; in 1886, Charles G. Towle; in 1888, Dixon W. Place; in 1889, James Dougherty; in 1890, Jacob Eaton; in 1891, John Olinger; in 1892, James Dougherty : in 1893, John N. Lederer: in 1894, Peter H. Reaves; in 1895, John D. Fulmer; in 1896, Samuel Bowman; in 1897, Peter H. Reaves ; in 1898, John D. Fulmer; in 1899, Samuel Bowman; in 1900, Isaac Newton Miller; in 1901, Marion B. Russ. (In 1901, the legis- lature, by an act in force March 11, 1901,« provided that the terms of county officers, including those of county commissioners should "begin on the first day of January next following the term of office of the present incumbent.") In 1903, Herman A. Fohulka succeeded to the office of county commis- sioner: in 1904, Isaac Newton Miller; in 1905, Marion B. Russ; in 1906. Barney C. Smith; and in 1907. Daniel A. White.
Sec. 1 .- THE PRESIDENT AND ASSOCIATE JUDGES .- By article fifth of the constitution of 1816, it was provided that, "The judiciary power of this state, both as to matters of law and equity, shall be vested in one su- preme court. in cirenit courts, and in such other inferior courts as the general assembly may from time to time direct and estab- lish."
The same article of the constitution further provided. That the circuit courts should each "consist of a president, and two associate judges"; that the state should be divided into three circuits, for each of which a president should be appointed. who should reside within his circuit: that the legislature might increase the number of circuits and presidents as the exigencies of the state might from time to time require: that all judges
a. Acts, 1901, p. 411.
188
HISTORY OF ST. JOSEPH COUNTY.
should "hold their offices during the term of seven years, if they shall so long behave well, and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in of- fice;" and that, "The presidents of the cir- cuit courts shall be appointed by joint ballot of both branches of the general assembly ; and the associate judges of the circuit courts shall be elected by the qualified electors in the respective counties." There was this further provision, that "The president alone, in the absence of the associate judges, or the president and one of the associate judges, in the absence of the other, shall be competent to hold a court, as also the two associate judges, in the absence of the presi- dent shall be competent to hold a court, ex- cept in capital cases, and cases in chan- cery."
In the act approved January 24, 1831," the legislature provided that the president should receive a salary of seven hundred dol- lars a year, to be paid out of the state treasury ; and that the associate judges should receive two dollars per day, while attending court, to be paid out of the county treasury. By an act approved February 15, 1838,‘ it was provided that. in the absence of any presiding judge of a circuit, any other pre- siding judge of the state might hold court in such circuit. This was, in effect, a provision for a change of venue from a judge, and was so intended by the legislature as shown by the preamble to the act. Express provision was afterwards made for changes of venue in case the presiding judge should be disqual- ified for any cause. In such case the special judge was allowed three dollars a day for his services.c
Sec. 2 .- THE CIRCUITS UNDER THE CONSTI- TUTION OF 1816 .- By an act approved Feb- ruary 10, 1831,ª the state was divided into
seven circuits; the first consisting of the counties of Vermilion, Parke, Montgomery, Fountain, Warren, Tippecanoe, Clinton, Car- roll, Cass and St. Joseph. In St. Joseph county provision was made for two terms of court, beginning on the first Mondays of May and November, each year. By the same act, the terms in Cass county were made to begin on the fourth Mondays in April and October; and, in order to enable the judge to come immediately from Cass to St. Joseph, the legislature, by an act approved February 3, 1832,a provided that the terms in St. Jo- seph county should begin on the Mondays following the terms in Cass county, which provision in some cases made a week's dif- ference in the dates of the beginning of the terms in St. Joseph county.
By an act approved January 7, 1833,6 the eighth judicial circuit was organized, con- sisting of the counties of Carroll, Cass, Miami. Wabash, Huntington, Allen, La- grange, Elkhart, St. Joseph and Laporte. Each of these counties was given one week's court, except Allen and Elkhart which were given two weeks each. The terms in Cass county began, as formerly, on the fourth Mondays of April and October; those in Al- len, on the Mondays succeeding the terms in Cass; those in Lagrange in like manner, succeeding the terms in Allen; those in Elk- hart, succeeding the terms in Lagrange; and those in St. Joseph succeeding the terms in Elkhart. This arrangement usually brought the terms of St. Joseph county in June and December. By a re-arrangement of terms in the eighth circuit, in an act approved Janu- ary 28, 1834," the terms of the St. Joseph circuit court were transferred to the first or second weeks of April and October. By an act approved January 30, 1835,ª the terms in St. Joseph county were again changed to the first weeks of April and November. By
a. R. S., 1831, pp. 138-142; R. S., 1838, pp. 161- 164.
b. R. S., 1838, p. 164.
c. R. S., 1843, pp. 646-651.
d. R. S., 1831, pp. 142-146.
a. Acts, 1831, pp. 242-244.
b. Acts, 1832, pp. 4, 5.
c. Acts, 1833, p. 70.
d. Acts, 1834, pp. 57, 58.
189
IHISTORY OF ST. JOSEPH COUNTY.
an act approved February 4, 1836,a definite days were named for the several counties for the year 1836, the terms for St. Joseph being Monday, the eighteenth of April and Mon- day, the third of October, of that year.
By an act approved December 9, 1836,b the ninth judicial circuit was formed, con- sisting of the counties of Elkhart, St. Jo- seph, Porter, Lake, Newton, Starke, Pulaski, Marshall, Fulton and Kosciusko. The length of the term in St. Joseph county remained one week; the terms to begin on the first Mondays of April and October. The district and terms of St. Joseph county remained un- changed in the act dividing the state into eleven districts, approved January 28, 1839,c except that the terms were made two weeks each. By an act approved January 20, 1841,d it was provided that the terms in St. Joseph county should begin on the fourth Mondays of March and September.
In the revised statutes of 1843 the various laws in relation to the twelve circuit courts of the state were codified.e
By article seventh of the constitution of 1851, our judiciary system was completely changed. The associate judges were discon- tinued, and provision was made for the elec- tion for six years of one judge for each cir- cuit. By an act approved June 17, 1852,f the state was divided into ten circuits, St. Joseph county continued to be in the ninth circuit; which now consisted of the counties of Lake, Laporte, Porter, St. Joseph, Mar- shall, Starke, Fulton, White, Cass, Pulaski, Howard, Carroll and Miami. By an act ap- proved June 18, 1852,9 the length of each term in St. Joseph county remained two weeks; and the terms were fixed for April and October, each year, succeeding the terms in Marshall county. By an act approved
January 21, 1853," the eleventh circuit was created, and the counties of White, Cass, Howard, Carroll and Miami were transferred from the ninth to the eleventh circuit; while Jasper county was for a time added to the ninth circuit. By an act approved February 3, 1853,' the terms in St. Joseph county continued to be in April and October, but following the terms in Laporte; with a pro- viso that the first term of St. Joseph county in that year should begin on the twenty- eighth day of February. By an act approved March 1, 1855," a like arrangement was con- tinued, except that each term was one week earlier. By an act approved February 15, 1859,ª the terms in St. Joseph county were advanced still another week, following Porter instead of Laporte.
Sec. 3 .- THE CIRCUITS UNDER THE CONSTI- TUTION OF 1851 .- By an act approved March 6, 1873," the legislature re-organized the ju- dicial circuits of the state, increasing the number to thirty-eight. In this act it was provided that "The counties of Laporte and St. Joseph shall constitute the thirty-second circuit." The terms in Laporte county were made five weeks each, beginning on the first Monday in February, the fourth Monday in April, the first Monday in September, and the third Monday in November, each year. The terms in St. Joseph county were made four weeks each, beginning on the Mondays following the Laporte terms. The arrange- ment so made continued for twenty-four years ; when, by an act approved January 30, 1897.f the legislature finally created a separate district, with unlimited terms, for St. Joseph county. Section second of that act reads as follows :
"The county of St. Joseph shall constitute the sixtieth judicial circuit, and the terms thereof shall be held as follows, to-wit: Com-
a. Acts, 1835, pp. 40-42.
b. Acts, 1836, pp. 61, 62.
c. Acts, 1838, pp. 8-12.
d. Acts, 1840, pp. 103-106.
e. R. S., 1843, pp. 646-651.
f. Special and Local Acts, 1851-2, p. 101.
g. Special and Local Acts, 1851-2, pp. 102-105.
a. Acts, 1853, p. 32.
b. Acts, 1853, p. 35.
c. Acts, 1855, p. 66.
d. Acts, 1859, p. 70.
e. Acts, 1873, pp. 87-98.
f. Acts, 1897, pp. 13, 14.
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HISTORY OF ST. JOSEPH COUNTY.
meneing on the second Monday of September and first Monday of November. February and May of each year, and shall continue in ses- sion so long as the business thereof shall re- quire."
It was found that the November term, as so fixed, came too near the September term ; henee, by an act approved February 28, 1901,ª this section was so amended that the November term should begin on the third Monday of November instead of upon the first Monday. No further change has been made, and St. Joseph county continues to be a circuit by itself, with four terms of court each year. The terms are practically con- tinuous during the year, beginning on the second Monday of September, and each term ending just before the beginning of the next term, until July in each year, when a sum- mer vacation is taken.
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