A history of St. Joseph County, Indiana, Volume 1, Part 45

Author: Howard, Timothy Edward, 1837-1916
Publication date: 1907
Publisher: Chicago, New York, The Lewis publishing company
Number of Pages: 826


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"I regard the dimensions I proposed as sufficient for drainage and all ordinary flow of the river.


"For excessive floods and ice gorges the present bed and banks will afford sufficient protection.


"However, these dimensions can be in- creased as far as the limits of the appropria- tion and the contracts made for the work will allow-and I therefore suggest that the dimensions of the channel be left to the com- mission-perhaps stating as a mimimum the channel I recommended, 40x5 feet. or its equivalent. Very respectfully, ".J. L. Campbell."


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HISTORY OF ST. JOSEPH COUNTY.


"South Bend, Ind., Feb. 11, 1889.


"Hon. T. E. Howard, Senate Chamber, In- dianapolis.


"Dear Senator: Yours of the 9th notify- ing me that a joint committee of the senate and house will give parties interested in the Kankakee drainage bill a hearing on the even- ing of Thursday, the 14th inst., is at hand. I regret that I cannot be there. If I am well enough to leave home, which at present seems somewhat doubtful, I must go to New York to-morrow night to attend an important business conference. I must therefore beg you to present to the committee my compli- ments and regrets. Kindly ask them further to permit me to hope that they will be fa- vorably impressed with the statements and arguments which will be presented to them by the promoters of the bill. I can truly say that my concern for its success is mainly inspired by regard for the general welfare. My own property adjacent to the Kankakee river is near its head waters. and the fall at this point, I am assured, is practically sufficient for drainage purposes. But aside from the pri- vate interests which might be subserved by the passage of this bill, there are certainly abundant reasons in favor of the measure that are of a general character. I take it that there will be no question that the im- provement is one highly desirable to be made, and it will be easily shown that it is of a nature which cannot well be undertaken by private parties. but must be done. if at all. through state aid. Gentlemen will show the committee conelusively, I think. that the suc- cessful drainage of the Kankakee. dependent upon the removal of the obstruction provided for in the bill. would greatly improve the sanitary condition of the northern part of the state. These low. wet lands are declared by all the authorities on the proper condi- tions for the public health to be malarious and fever breeding. State aid ought to be cheerfully afforded on this account if for no other reason. Yet. I contend that for purely selfish motives the state may well undertake


this improvement. The drainage would re- elaim and make valuable large bodies of land the property of the state. that are now prae- tically useless. valueless. It would also add so materially to the value of other lands as to greatly increase their assessment valuation. and so bring rapid returns to the coffers of the state. But again. as a matter of state pride. I feel that the legislature should vote


aid for the purpose of this bill. The princi- pal trunk lines between Chicago and the east traverse this marshy section of our state, and the observations of travelers give credit to the belief widely entertained that Indiana is a good state for emigrants to avoid. Other reasons of weight will no doubt be pre- sented to the committee, favorable to this measure, and these which I have hastily touched upon will, I trust, be more cogently and forcibly set forth. Hoping that the com- mittee will give due weight to what shall be said in favor of the proposed legislation, I am. Very respectfully yours. "Clem Studebaker."


Immediately after the passage of the bill the South Bend Times published the follow- ing congratulatory editorial :


"Considering the fact that so many people find it irksome to investigate. inquire and think, it is perhaps not at all strange that a matter of such transcendent importance as the reclamation of the vast Kankakee region should have received comparatively little con- sideration and awakened relatively little in- terest. even in this part of the state.


"It is remarkable, however, that during the entire session of the general assembly nearly everybody at the state capital seemed to be bitterly opposed to Senator Howard's bill for the removal of the obstruetions in the Kankakee river at Momenee. The press of Indianapolis was freely utilized to awaken prejudice against that measure. But still more remarkable is the sudden change wrought in publie sentiment by the final pas- sage of the bill. All at once the immense advantages likely to accrue to the state are being recognized and favorably discussed. It is freely said that it is the most far-reaching and important piece of legislation that has ever passed the general assembly in the in- terest of northern Indiana. Roseate predic- tions are made as to the future of the Kan- kakee region. which it is now said will be- come the garden spot of the state.


"The blasting out of the rock at Momenee is declared to be but the beginning. We are told that the owners of the swamp lands


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HISTORY OF ST. JOSEPH COUNTY.


of the Kankakee valley will immediately, after that outlet is made, clean out and straighten the old river, putting enough money into the work, if necessary, to equal the present value of the lands. Such an in- vestment is morally certain to bring ten-fold returns. We shall take frequent occasion to speak of this matter as developments are made in the near future.


"Senator Howard is entitled to unstinted praise for his perseverance and tact in push- ing this measure in the face of all the oppo- sition arrayed against it. And too much cannot be said in recognition of the zeal with which Representative Edward A. Metzger, aided by his colleague, Mr. William H. Stull, urged favorable action by the house. Mr. Metzger had charge of the bill in the house. and started out with the determination to secure enough votes for its passage. 'or know the reason why.' In this he succeeded be- yond hope or reasonable expectation. The vote on the final passage in the house stood 58 in favor to only 25 against. This remark- able achievement again proves that where there is a will there is usually a way, and that a good and just cause can be made to prevail when the right man takes hold and determines to win."


The following, from an Indianapolis pa- per, of date August 1, 1890, gives some of the subsequent history of the work up to the time of letting the contract for the removal of the rock :


"The Momence rock has been a sort of nightmare to every man who has attempted to make a home in the Kankakee region. As a breeder of malaria, mosquitoes and melan- cholia the Momence rock has had no rivals. It has caused half a million acres of land within two hours of a eity of over a million people to remain a 'slough of despond' in- stead of the garden spot of Indiana. It has been a 'hell-gate' upon which politicians of the region wrecked their aspirations. 'Send. me to the legislature and I'll remove the rock.' is the platform upon which many a


politician elevated himself to the legislature. However, the rock was too much for him, and he immediately returned to private life. In 1882 an aspirant for congressional honors said: 'If you want the rock removed, send me to congress,' and the candidate was elected by a majority of 2,000.


" The so-called Momence rock is a ledge of limestone through which the Kankakee river euts a shallow channel for a mile and a half near the town of Momence, Ill., eight or ten miles west of the state line. Through this ledge of rock the channel must be lowered from five to seven and a half feet to give the Kankakee the necessary fall from the state line. But this is not the only obstacle. Near Momenee the river forms an island. For


years a dam was maintained on each side of the island for water power. These two dams caused the water to back up to Indiana. The Illinois courts always protected the dam own- ers whenever the land owners of Indiana at- tempted to remove the dams. The Cass es- tate, representing 40.000 acres of overflowed land in Lake county, seeing no other way to reclaim it, purchased the dams, the island and the adjacent lands, with the object of removing them whenever the state should take hold of the 'rock.'


"Meanwhile. the Chicago & Western In- diana railroad company built across the island. From the Cass estate the railroad company bought the east part of the island, which was converted into a picnic grounds, the Cass estate reserving the control of the dams, the ice privileges and riparian rights. The boating is excellent up the river for ten miles. During the pienie season the railroad runs excursions to Momence island nearly every day from Chicago, Terre Haute, Vin- cennes and other points. With the boats rente 1 at 10 cents an hour and fare the company derives an annual revenue of $30,000. Every winter an enormous quantity of ice is cut here and shipped to Chieago over this road, adding many thousand dollars to the income in the way of freight. To drain the Kanka-


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HISTORY OF ST. JOSEPH COUNTY.


kee marsh the dam of the main channel must be removed and rock blasted seven feet from one mile above the picnic grounds to five feet one-half mile below it. This will wipe out the picnic, boating and ice transportation, and the beautiful island will return to its ante-railroad condition, but the state of In- diana will gain $8,000,000 in natural wealth. In order to avoid a constitutional obstacle, Mr. Shelby secured from the owners of the adjacent lands deeds to the channel of the river from the state line to the lower point of proposed improvement. These convey- ances were made to the state of Indiana. At this stage Senator Howard took hold of the matter and the result was that when the legislature adjourned the state had accepted the channel of the Kankakee, in the state of Illinois, and $40,000 was appropriated to re- move the rock. This work was intrusted to three commissioners appointed by the gov- ernor.


"Prof. John L. Campbell of Wabash col- lege, Isaac D. Dunn of Jasper county and J. B. Kimball of Noble were selected. Prof. Campbell's appointment was an excellent one, he being a practical engineer, besides having made an exhaustive survey of the whole re- gion in 1882. William M. Whitten of South Bend was appointed engineer, and, with Prof. Campbell, made the survey and prepared specifications. This report was adopted May 17, 1889. The next step was to advertise for bids to remove the rock; but Commissioner Dunn, who had been appointed a committee on right of way, reported that the railroad company claimed, under the Illinois law, the riparian right to the middle of the stream on both sides of the river, thereby giving it a strip 100 feet wide across the river. Con- ceding the elaim, the board requested the auditor and attorney general to secure from the railroad company trust deeds to the right of way for these 100 feet.


"Mr. Dunn was also appointed to nego- tiate with the company for the privilege of cutting through the one-hundred-foot strip.


But, having conceded this much to the com- pany, the railroad officials now claimed that, having paid taxes on the estate for seven years, they also owned to the middle of the stream, which also gave them an interest to the dam and water privileges, and on June 28. 1890, the attorney of the road notified the commissioners that an attempt to dig un- der their bridge or remove the dam would be met with an injunction. Then followed a correspondence between the commissioners and the railroad officials until December, when the board decided that nothing more could be done, and they adjourned to await the action of the next legislature.


"But public opinion in the Kankakee country would not brook this delay; and, in order to satisfy Mr. Shelby and Senator How- ard, who represented the dissatisfied citizens, a meeting was held yesterday. Messrs. How- ard and Shelby and ex-Senator Youche of Lake presented the matter before the board in such a way that the commissioners re- ceded from their position, and consented to advertise for bids. They had delayed this very action because the railroad company threatened an injunction suit, and had taken for granted that the railroad acquired pri- ority of ownership to the channel, whereas Mr. Shelby proved to their satisfaction that the railroad acquired no right by paying taxes for seven years, for the good reason that the company paid taxes on the island last year for the first time. The company elaimed that the Cass estate, in selling the island, did not reserve the riparian rights, when the


fact is that riparian right is still vested in the Cass estate. Besides, Senator Howard yesterday showed that the commissioners had no right to suspend work upon a threat; that it was their duty to advertise and let the con- tract, that no injunction can be brought by the company till the contractors reach the railroad bridge, and Mr. Shelby satisfied them that when the bridge was reached nine-tenths of the work would be completed, and as for the dam. he had ordered it torn down. The


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HISTORY OF ST. JOSEPH COUNTY.


railroad company had stopped the destruction, but he had brought an action in the United States conrt to restrain the company from interfering with his dam. He promised to take care of all litigation. Therefore the board decided to authorize the state auditor to advertise for bids in the Sentinel and Journal for the state of Indiana and the Chi- eago Herald and Tribune for Illinois. Bids will be received in four sections or for the whole work.


"It was not through any wrong motive that the board delayed its work, but it feared to get into litigation and exceed its authority. If the railroad company had not . interfered with the work the 'Momenee roek' would perhaps before this time be no more. "Out of the $40,000 there remains $37,- 428.27, the balance having been spent in sur- vey, traveling expenses and elerk hire.


"Senator Howard has no interest in the improvement save that of a representative of his constituents. Mr. Youche represented the Lake county swamp angels and Mr. Shelby, who is viee-president of the G. R. & I. railroad, represents 20,000 acres in Lake. To him the state of Indiana owes the right of way of the channel and the destruction of the dams. It is safe to prediet the work will be pushed from now on."


A little later the contract was let; and the Chieago Tribune, in an editorial, showed that even thus early the opposition first mani- fested by the Illinois authorities had disap- peared, and the people of the metropolis of the west became aware that the removal of the limestone ledge in the Kankakee, and the drainage of the great valley, instead of being an injury would be of great benefit to the city of Chicago.


The article from the Tribune was as fol- lows :


"The contraet has been let for the removal of the rock ledge in the Kankakee river at Momence, and it is probable that within a year a million aeres of fertile land, now spoiled with swamp water, will be open to the


sun and ready for the plow-share. While the streteh of naturally fertile land which is to be redeemed lies mostly within the limits of Indiana it is tributary to Chicago. The crops and garden truek raised there will come here, or to those Chieago outposts, such as 'Hammond, which this eity has planted on Indiana soil.


"Some persons have elaimed that the re- moval of this limestone uplift in the Kanka- kee would increase the spring floods in the Illinois and do damage, which the Chieago drainage trustees would be called on by the farmers to make good. It has been alleged also that immense quantities of silt would be carried down stream, be deposited in the Illinois river, and add to the difficulties of its navigation. But on consideration there seems no good reason to expeet any of these misfortunes. All that the small rock eut will do practically will be to drain off the swamp water. It will be doing but on a far smaller scale what hundreds of miles of tile- drains and drainage eanals are doing now in Illinois. It may add at the most an ineh to the height of the flood waters of the Illi- nois river in spring. After the river has fallen and is within its banks the inereased flow will be a good thing for navigation down to the Mississippi.


"As the 'cut' will be a rock one and ean- not be enlarged by the flowing waters, there need be no more fears of silt than there will be from the waters of the Desplaines flowing through the deep rock eut which this city intends making southward from the Sag. There will be no marked addition to the quantity of sedimentary matter already ear- ried down the Kankakee. If the cut were through alluvium it might be otherwise, but it is through rock and will remain stationary in size.


"Thus the carrying out of this great drain- age scheme will be a positive benefit to Chi- cago and be attended with no drawbacks. It will enlarge its tributary territory and will not interfere with its drainage plans."


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HISTORY OF ST. JOSEPH COUNTY.


Mr. William M. Whitten, for many years the very competent surveyor of St. Joseph county and city engineer of South Bend, was the civil engineer in charge from the begin- ning to the end of the work at Momence. Two of the commissioners first appointed, however, resigned from the trying task. These were Professor Campbell and Mr. Dunn. The important work, however, had been accomplished. Franklin Landers, of Indianapolis, and John Brown, of Crown Point, Lake county, were appointed in their place ; and these officials, with Mr. Kimball, originally appointed, carried the work to a successful conclusion. By an aet approved March 6, 1891, the legislature gave greater freedom of action to the commissioners and engineer; while, by another act, approved March 4, 1893, an additional appropriation of twenty-five thousand dollars was made to complete the work.a


The outlet at Momence thus secured, the drainage of the Kankakee under the general laws of the state was taken up and actively prosecuted, year after year, by the land own- ers in all the counties of the valley. The suggestion made by the French traveler Charlevoix, in his letter written, in 1721, from his camping place on Portage prairie, that the Kankakee river could with little trou- ble be cut into a straight canal," has been accomplished. The Kankakee has been cut into a straight, deep channel, effectually draining the valley from the source of the stream, at South Bend, through the counties of St. Joseph, Laporte and Starke; and the people are preparing to extend this magnifi- cent drainage system through the remaining counties of Indiana and Illinois, down to the opening made through the rock at Mo- mence. Land values, which before the cut- ting of the limestone ledge were so low as in many cases not to be equal to the small assessment for taxes, have steadily risen, un- til the drained and cultivated farms of the


a. Acts, 1891, p. 198; Acts, 1893, p. 328.


a. For Charlevoix' letter, see Chap. 2, Subd. 5.


valley are worth from fifty to seventy-five dollars an acre. The Kankakee valley is indeed rapidly becoming the "garden of Chi- cago," which it was at first called in de- rision; and it will at no distant time be the richest farming section in the state of Indiana.


See. 4 .- GENERAL DRAINAGE .- The general laws under which the drainage of the Kan- kakee valley was undertaken and successfully prosecuted, after the removal of the rocky ledge at Momence, were enacted in 1881; that for proceedings in the circuit court, by an act approved April 8, 1881; and that for proceedings before the county commissioners, by an act approved April 21, 1881.ª This legislation which, with its several amend- ments made at almost every subsequent ses- sion of the legislature, has been productive of the utmost good to the state of Indiana. Our low lands have become dry and fertile, and malaria has been banished from our homes. The good name of the Hoosier state has, as a consequence, been established throughout the nation. To be a resident of Indiana has come to be associated with enl- ture, refinement and happy homes. Our lands are the most fertile in the country ; our highways are the dryest and most sub- stantial: and the health of our people is the most satisfactory. To no cause are we more indebted for these blessings than to our drainage laws. These laws were reported to the legislature by the codification commis- sion of 1881, and are said to have been drawn by the eminent jurist James S. Frazer, a member of the commission. By successive amendments and modifications of the original acts. we have come to have the simplest, most equitable and most satisfactory drainage laws. By the application of these laws every acre of farm lands in St. Joseph county and every mile of highway has been rendered dry and clean, and is far on the way to per- fection. The application of the drainage a. Acts, 1881, pp. 397-422.


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HISTORY OF ST. JOSEPH COUNTY.


laws has done much for all Indiana, for no part more than for St. Joseph county.


VII. FARMERS' SOCIETIES AND FAIRS.


Sec. 1. - AGRICULTURAL SOCIETIES. - AS early as January 22, 1829, the legislature of Indiana passed an act for the incorporation of agricultural societies.ª Afterwards, by an act approved February 7, 1835, provision was made for elections in counties and town- ships for the formation of such societies. Provisions were likewise made in said act for the creation of a state board of agriculture.b Still another act, approved February 19, 1838, was passed for a more simple method of organizing agricultural societies." By the revised statutes of 1843, a codification of the best provisions of the three acts of 1829, 1835 and 1838, was effected.ª


The first attempt in this county to form an agricultural society was made under the aet of 1835. On the first day of the May term of that year, being May 4, 1835, the board of county commissioners entered the follow- ing order :


"Ordered by the board that public notice be given that the citizens of the county of St. Joseph assemble at South Bend. on the last Saturday in the present month, to or- ganize a county agricultural society, agree- able to the statute in such case made and provided."


On the application of five freeholders of German township for the formation of a local society. as also provided for in the act of 1835, the board, on the same day, entered the following order :


"It is ordered that publie notice be given for the citizens of German township to as- semble at the school house in district No. 2, congressional township No. 38, for the pur- pose of organizing a township agricultural society, on the first Saturday in June, pur-


a. R. S., 1831, p. 67.


b. Acts, 1834, p. 87; R. S., 1838, p. 63.


c. R. S., 1838, p. 61.


d. R. S., 1843, p. 405.


suant to the act of the general assembly of 1835."


It does not appear that any township but German, the banner agricultural township of the county, made application for the formation of a society. Nor indeed was Ger- man itself, or even the county, ready to maintain an agricultural society. A township society was, however, established in Penn, in the next year, 1836. But the time was not vet ripe for the formation of agricultural societies.


Under the simpler provisions of the act of 1838, a successful meeting for the organiza- tion of an agricultural society was finally held in South Bend, June 12, 1841.ª The incorporators were among the most promi- ment of the early citizens of the county. Their names were as follows : George Sumption, David Hoover, Israel De Camp, Charles Sumption, Matthew B. Hammond, William S. Vail, Aaron M. Parker, Sr., John J. Deming, Evan Chalfant, Samuel Brooks, James Stnekey, Charles W. Pomeroy, Francis R. Tutt, Thomas P. Bulla, Tyra W. Bray, Hiram Doolittle, William Milliken, Samuel Witter, Thomas D. Baird, Charles M. Tutt, William HI. Patteson, E. S. Sheffield, Joel Garst, Al- bert Monson, William Cosgrove, Samuel C. Sample, Elisha Egbert and John Gilmore.


This first agricultural society organized with the following officers: President, John J. Deming : vice-president, Thomas D. Baird ; secretary, Tyra W. Bray; treasurer, Francis R. Tutt; directors, Thomas P. Bulla, George Sumption, Hiram Doolittle, M. B. Hammond, Jonathan A. Liston, Samuel Brooks and Israel De Camp.


The first and only fair conducted by this original organization was held on October 11, 1841. The premium list named twenty-three articles for which prizes were offered. Among them were: Best ten yards of jeans ; best ten yards of flannel; best ten yards of linen; best sample of sewing silk; best cheese, not less than ten pounds; best beet a. Chapman's Hist. St. Joseph County, p. 561.


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HISTORY OF ST. JOSEPH COUNTY.


sugar, not less than ten pounds; best half acre of ruta-bagas; best five acres of tame grass; best cultivated farm, not less than thirty aeres.


No further action seems to have been taken by the society until April 19, 1851, when a re-organization was effected, with the follow- ing officers: President, Powers Greene; vice presidents, Reuben Dunn and Gilman Towle; secretaries, Sehuyler Colfax and George C. Merrifield ; treasurer, William Miller. constitution and by-laws reported by Mr. Colfax were adopted. The meeting then ad- journed until May 17th, when Mr. Merri- field delivered an address upon the advan- tages of agricultural and horticultural so- eieties. The membership was then reported to be one hundred and thirty-two. Mr. J. L. Jernegan was elected a delegate to attend the meeting of the state board of agriculture. Numerous other meetings were held during the summer and fall, at which valuable pa- pers were read, followed by discussions of great interest. A very successful county fair was held in the court house yard on October 16, 1851.




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