USA > Indiana > Henry County > Hazzard's history of Henry county, Indiana, 1822-1906, Volume II > Part 49
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Since 1873 the following persons have held. the office of county superintendent in the order named: Enos Adamson, 1873-5; George W. Hufford, 1875-7; Timothy Wilson, 1877-83; William R. Wilson, 1883-9; Fassett A. Cotton, 1889-95; Joseph A. Greenstreet. 1895-7; William F. Byrket, 1897-1901; Joseph A. Greenstreet, 1901-3; William F. Byrket, 1903-5.
THE COUNTY COUNCIL.
The county council was created by an act of the General Assembly approved March 3. 1899. It is composed of seven members, three from the county at large and one each from four districts into which it is made the duty of the board of county commissioners to divide the county, without, however, dividing any townships, which districts can only be changed once in six years. The members of the first council were appointed by Wil- liam O. Barnard, judge of the circuit court, as provided by section 48 of the law and held office until 1900, when their successors were elected at the general election in November to serve until 1902, as provided in section 5, since which time the term of office of a member of the county council has been for four years, the third board of councilmen be- ing in office at this time.
On May 1, 1899, the board of county commissioners established the four council- manic districts as follows: 1st-Henry and Prairie Townships. 2d-Greensboro, Har-
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HAZZARD'S HISTORY OF HENRY COUNTY.
rison, Fall Creek and Jefferson Townships. 3d-Stony Creek, Blue River, Liberty, Dud- ley and Franklin Townships. 4th-Spiceland and Wayne Townships.
The council appointed by Judge Barnard was as follows: For the county at large- Thomas C. Phelps, of Harrison Township; Sanford M. Bouslog, of Prairie Township; Alpha Langston, of Dudley Township. By districts-1st-John C. Livezey, of Henry Township: 2d-Imla W. Cooper, of Fall Creek Township; 3d-David M. Brown, of Frank- lin Township; 4th-Nathan T. Nixon, of Wayne Township.
The council chosen at the regular electiou on November 8, 1900, was: For the county at large-Benjamin F. Koons, of Blue River Township; Thomas C. Phelps, of Har- rison Township; Milton Edwards, of Wayne Township. By districts .- 1st-John F. Luellen, of Henry Township; 2d-Levi Cook, of Greensboro Township; 3d-Ephraim Leakey, of Dudley Township: 4th-Harper F. Sullivan, of Wayne Township. This coun- cil under the provisions of section 5 of the law served only two years.
At the general election in November, 1902, a new council was elected for the full term of four years, as follows: For the county at large-Thomas C. Phelps, of Harrison Township; Milton Edwards, of Wayne Township; William E. Kerr, of Blue River Town- ship. By districts .- 1st-Evan H. Peed, of Henry Township; 2d-Presley E. Jackson, of Greensboro Township; 3d-Ephraim Leakey. of Dudley Township; 4th-Harper F. Sul- livan, of Wayne Township. A new council will be chosen at the general election in No- vember, 1906.
The pay of members under section 3 of the law is fixed by the population of the county and in Henry county is $10 per annum for each councilman. Sections 7 and 8 ,of the law provide for an annual meeting of the council to be held on the first Tuesday after the first Monday in September for the purpose of fixing the tax levy and making appropriations and for such special meetings as may be called by the auditor upon proper personal notice and publication. The officers are a president and a president pro tem. elected by the members. The County Auditor is the clerk of the council and keeps a record of its proceedings. The County Sheriff. in person or by deputy, must attend its meetings and execute its orders. A majority of all members shall constitute a quorum and a majority vote is necessary to pass an ordinance, except at called meetings when a two thirds vote is necessary. A two thirds vote is also required to expel a member. A member of the council can hold no other office and must be a qualified voter and resident freeholder in the district which he represents. No councilman is permitted to be inter- ested in any contract with the county under penalty of a fine not to exceed $1,000.
Secion 15 of the law sets out the duties of the council, in a general way, as the power of fixing the rate of taxation for county purposes and of making appropriations of money to be paid out of the county treasury, and except as is otherwise expressly provided, no money shall be drawn from the county treasury only in pursuance of appropriations so made. The cases in which money may be paid out of the county treasury without being appropriated by the council are specifically defined in another section of the law.
The board of county commissioners must submit through the county auditor as their clerk, an estimate of the various amounts that will be required to meet each and all of the various items of county expenditure during the ensuing year, to the council at its regular annual meeting in September. This estimated list is considered by the council and either approved, modified or overruled. No county officer is permitted to disburse funds in excess of such appropriations, under heavy penalties. The board of county com- missioners make up their estimates from many sources, such as bridges, public buildings, expenses of the poor, salaries, books, stationery, care of insane and of criminals and scores of other items, all relating to every form of county expenditure. Each county officer is required to make and file with the Auditor of the county an itemized statement of the needs of his office for the ensuing year, hefore the Thursday following the first Monday in August of each year. It is from all these sources, so arranged and tabulated as to be readily understood, that the county commissioners first, and then the county council as the highest fiscal authority, finally makes up the annual budget of appropria- tions for county expenditures.
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HAZZARD'S HISTORY OF HENRY COUNTY.
TOWNSHIP ADVISORY BOARDS.
By an act of the General Assembly, approved February 27, 1899, an Advisory Board consisting of three resident freeholders and qualified voters in each of the townships in every county of the State was provided. The duties and powers of this board with re- spect to township business are the same as those of the county council relating to county business. The board's annual meeting to fix the rates of township taxation for the sev- eral purposes is held on the first Tuesday of each year, at which time a chairman is se- lected, and special meetings may be held upon call of the township trustee or chairman of the board. The township trustee must make an itemized statement of the various amounts of money that will likely be required for the ensuing year. This estimate must be presented at the annual meeting for the board's approval, modification or rejection.
The first township boards were named by the judges of the several circuit courts of the State, each judge naming the boards for the township within his judicial circuit. at the first term of court held in the county in which the townships are situated, after the taking effect of the law. These appointees held office until the November election in 1900, at which time their successors were elected for two years. At the November elec- tion in 1902, a new board was elected for the full term of four years.
Albert D. Oghorn, joint senator from Henry, Fayette and Union counties, and George W. Williams, representative from Henry County, in the General Assembly, voted in the affirmative for both the county council and advisory boards, two important measures of legislation.
COUNTY ATTORNEY.
Prior to 1877 the prosecuting attorney was regarded as the legal adviser to the Board of County Commissioners, since which time it has been deemed necessary to have regularly employed counsel in consequence of the increased court duties of the prosecut- ing attorney and the growing business and more intricate and complicated affairs of the county coming before the commissioners on account of turnpikes, ditches, highways, pub- lic buildings, bridges, etc., etc. Therefore since 1877 the board has employed legal coun- sel and three New Castle lawyers have held the office of county attorney, namely:
Joshua H. Mellett, from 1877 to 1893; Adolph Rogers, from 1893 to 1903; Fred C. Gause, from 1903; present incumbent.
At first the salary was only $150 annually. From March 1, 1895, to the close of 1903 it was $300, since which time it has been $400.
DRAINAGE COMMISSIONERS.
The office of drainage commissioners was created by an act of the General Assembly, approved April 6, 1885, providing for the appointment of a drainage commissioner by the Board of County Commissioners to serve for two years or until his successor is quali- fied. The county surveyor is by virtue of his office also a drainage commissioner.
Since the law has been in operation a great number of costly and important ditches have been constructed in Henry County under its provisions and thousands upon thou- sands of dollars collected and disbursed. During this time Blue River has been straight- ened, deepened and dredged from its headwaters to within less than a mile of Stone Quarry mill in Greensboro Township. Flatrock has been straightened and dredged its en- tire length in Henry County; Big Buck Creek has been dredged, straightened and made deeper, and many other streams of the county have been improved in the same way. Under the provisions of the law the costs of such drainage is paid by assessments levied on the lands through which the drainage passes or which are directly benefited by it. The owners of the lands benefited are given their option to pay their assessments in cash without additional costs or in ten annual payments of one tenth per year with six per cent. interest, the principal and interest being payable at the office of the county treas- urer, the money to pay for the work being provided by the sale of bonds and the interest charged to those who take the ten year plan of payment in order to recoup the county for the interest it must pay on the bonds.
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HAZZARD'S HISTORY OF HENRY COUNTY.
The drainage commissioner is allowed three dollars a day for the time actually em- ployed. The county surveyor, who is also the engineer in charge of the work, is allowed a sum not to exceed four dollars per day for every day that he is employed in the survey- ing of the ditches, establishing the levels, making the diagrams, etc. All expenses of officers, advertising, court charges, attorneys tees and labor in connection with the sur- veys, are added to the estimated cost of construction, the benefits to each tract of land being assessed by three disinterested freeholders of the county. Damages are also al- lowed where sustained.
The following have served as Drainage Commissioners:
William O. Bogue, of Spiceland Township, from 1885 to 1887.
Robert Cluggish, of Henry Township, from 1887 to 1893.
Henry Fadely, of Fall Creek Township, from 1893 to 1904. Luther M. Anderson, of Greensboro Township, since May, 1904.
Considering the large number of land owners and their many conflicting opinions and interests the work of drainage and the assessment and collection of the large amount of money which it has cost, has been accomplished with very little friction, ill will or litigation.
COURT HOUSE JANITOR.
For many years the care of the court house and county offices devolved upon the sheriff, excepting during terms of the courts when the court bailiff had charge of the rourt room, but since the completion of the court house in 1868 the building and grounds have been cared for by a janitor appointed annually by the Board of County Commis- sioners. There is no fixed salary, the. janitor being employed by contract from year to year.
The following have served as janitors. (The names of those who served between Shopp and Kirk are not now obtainable) : Henry L. Shopp, Allen T. Kirk, Nathan Up- ham, Ephraim Burk, William J. C. Crandall, William T. Corya and the present janitor, William Barnett. The duties of the janitor now include the care of the court house and grounds. Janitors in recent years have received from $350 to $456 per year. The recent completion of an addition to the court house, almost doubling its size, adds greatly to the labors of the janitor. The contract with the janitor for the fiscal year ending June 1. 1905, was $456.00, since which time the salary has been continued on the same terms, $38 per month.
COURT BAILIFFS.
The following have acted as bailiffs to the several courts in Henry County:
William McDowell, John Alexander, Miles E. Anderson, Harvey W. Swaim, John W. Brattain, George H. Cain and William H. Macy. William MeDowell was the bailiff of the first grand jury impaneled in the county and continued as such officer of the courts of the county for a period covering fifty years, when, at his own request, he was in 1873 relieved by Judge Joshua H. Mellett, who appointed John Alexander, his sue- cessor.
CHAPTER XLIV.
HENRY COUNTY COURTS-THE GENERAL ASSEMBLY -- MISCELLANEOUS.
ELECTION, POWERS AND TENURE OF JUDGES-RIDING THE CIRCUIT-JUDICIAL CIR- CUITS UNDER OLD AND NEW CONSTITUTIONS-REGISTERS OF AND BIOGRAPH- ICAL NOTES CONCERNING JUDGES, PROSECUTING AND DISTRICT ATTORNEYS. AND STATE SENATORS AND REPRESENTATIVES-THE GENERAL ASSEMBLY UNDER OLD AND NEW CONSTITUTIONS-SESSIONS OF THE GENERAL ASSEM- BLY, TERRITORIAL AND STATE-HENRY COUNTY IN CONGRESSIONAL DISTRICTS AND REPRESENTATIVES IN CONGRESS-VOTE OF COUNTY FOR PRESIDENT. 1832 TO 1904-VOTE OF INDIANA AND UNITED STATES FOR PRESIDENT IN 1904- VOTE OF COUNTY FOR GOVERNOR, 1825 TO 1904-GOVERNORS OF INDIANA- POPULATION OF COUNTY, 1830 TO 1900.
From the organization of the State until the court of common pleas was finally abolished by act of the General Assembly, March 6. 1873, there were two courts in each county, since which time there has been but one, the Circuit Court having jurisdiction and discharging all the duties theretofore performed by the different courts in the county during the period of their existence. Until the new constitution became effective, November 1. 1851, the court of highest jurisdiction in the respective counties was, as it is now, the Circuit Court, which then consisted of three judges-a presiding judge whose duty extended over the entire circuit and two associate judges, or as they were then commonly called "side judges" for each county. The presiding judge was a man supposed to be "learned in the law." who traveled over his circuit from county to county and presided with the associate judges, one on each side. From this fact in early times came the expression "riding the circuit." There were no railroads or other means of communication between points in the circuit. except by horseback. The presiding judge would "ride the circuit" accompanied usually by some of ยท the leading lawyers of the judicial circuit who went from one county seat to another in search of business. It is from this state of affairs that so many at- torneys from the different counties in central and eastern Indiana, who afterward became famous in the State or Nation were practising attorneys before the early courts of Henry County, as is mentioned in the article on the "First Courts." set out in the preceding chapter in this History.
The "presiding judges" before the advent of the present constitution were elected by the joint vote of the two houses of the General Assembly. The as- sociate judges were elected by the direct vote of the electors of the respective counties. In early davs an associate judge who was a lawyer was the exception rather than the rule. They were men who had the confidence of their fellow citizens.
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HENRY COUNTY JUDGES.
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HAZZARD'S HISTORY OF HENRY COUNTY.
and were elected for their honesty and their common sense, regardless of The leet that they were "nnlearned in the law." Since the present constitution became effective all judges have been elected by the direct vote of the people. In the absence of the pre- siding judge the associate judges had the power to hold their respective county courts. More than this, when the presiding judge was presiding, he had but one vote in three, and in order to have his decision stand as that of the court he had to carry one associate judge with him. It was sometimes the case that the associate judges joined together and outvoted the presiding judge. In the earlier law reports of Indiana instances can he found of causes taken to the Supreme Court on an appeal from a decision made by the two associate judges, with the presiding judge dissenting, in which the court of last resort affirmed the decision of the lower court.
Under the old constitution the term of office for the presiding and associate judges was seven years, but in some instances on account of a change of circuit, or the elec- tion of the presiding judge to a more important office, or from an occasional resignation, the office itself heing finally abolished by the present constitution, no one presiding judge, excepting Judge Jehu T. Elliott, presided for the full term of seven years over the Henry Circuit Court; and from various causes more fully explained under the head of "Associate Judges," all of such judges in Henry County except Anderson and Crow- Iey served less than the full term of seven years. The judges of probate were elected tor the term of seven years. Under the present constitution the "side judges" were dis- pensed with and the presiding judge was made sole judge and the title of his office changed to Judge of the Henry Circuit Court; the term of office was reduced to six years. The probate court was also abolished. The term of office of the judge of the com- mon pleas court, from the time it was established until it was finally legislated out of existence, was four years. Henry County alone now constitutes the Fifty Third Judicial Circuit.
JUDICIAL CIRCUITS.
When Henry County was organized and "attached" to the Third Judicial Circuit, this circnit embraced practically one fourth of the territorial limits of the State of Indiana. Beginning with Switzerland County on the Ohio river and extending north- ward to the Michigan line and west of the Ohio State line, it took in the counties of Ohio (since organized, in 1844, out of Dearborn), Dearborn, Ripley, Jennings, Franklin, Union, Fayette, Rush, Henry, Wayne, Randolph and Delaware, and the unorganized territory, "attached for judicial purposes," which embraced what is now Jay, Black- ford, Adams, Wells, Allen (although Allen was then organized as a "detached" county ), DeKalb, Steuben and all that part of Grant, Huntington, Whitley, Noble and LaGrange counties lying east of the line extending north on the western boundary of Henry County.
It is recorded by former United States Senator Oliver H. Smith in his book entitled. "Early Indiana Trials and Sketches," published in 1857, that in the Fall of 1825 as a young attorney "riding the circuit," in company with James Rariden, of Centreville, they accompanied Presiding Judge Miles C. Eggleston, of the Third Judicial Circuit, to Fort Wayne, to hold court. At that time all the territory north of Delaware (the first county so named ), and Randolph counties was "unorganized" territory with the excep- tion of Allen County, which was organized practically with its present boundaries. The reader must keep in mind the fact that there have been two Delaware counties-the "unorganized" county, which embraced all of the new purchase, organized January 22, 1820, and the present county of Delaware, organized January 26, 1827. By the term "unorganized" county is meant that certain described territory in a new State, em- braced in what is designated as a county, although having no "organized" county civil government.
Indiana was first organized into counties by beginning at the Ohio River and ex- tending northward, organization of new counties being made from contiguous territory. except in the case of Allen County, which was organized as a "detached" county from the fact that one of the earlier frontier forts, known as Fort Wayne, was established at the
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HAZZARD'S HISTORY OF HENRY COUNTY.
confluence of the St. Joseph and St. Mary's rivers, the two forming the Maumee River at Fort Wayne. There was an early settlement around this point, which led to the early or- ganization of the county, which was named after the revolutionary hero, Ethan Allen, its principal town taking the name of the fort which had been named in honor of "Mad Anthony" Wayne. At the time mentioned by Oliver H. Smith, Fort Wayne contained a mixed population of about two hundred people and the entire county of Allen con- tained less than one hundred voters.
In 1830 the organization of counties was begun on the Michigan line and extended southward. The first two counties so organized were St. Joseph and Elkhart, by an act of the General Assembly approved January 29, 1830, which fact has direct reference to the history of Henry County, because Elkhart County was attached for judicial pur- poses to the Sixth Judicial Circuit, of which Henry County formed a part. From this time until all of the unorganized territory of the State was embraced in counties the organization of counties proceeded southward from the Michigan line as well as northward, as before mentioned. So much space has already been given to the forma- tion of the Third Judicial Circuit that briefer reference must be made to the other early circuits, of which Henry County was a part.
The Fifth Judicial Circuit embraced the counties of Henry, Bartholomew, Decatur, Hamilton, Hendricks, Johnson, Marion, Monroe, Morgan, Rush and Shelby. Looking at the present map of Indiana, showing the populous county of Marion, containing the capital city with its numerous steam and electric lines diverging in every direction, the adjoining and contiguous counties teeming with industry, with the thrifty county towns of New Castle, Columbus, Greensburg, Noblesville, Danville, Franklin, Bloomington, Martinsville. Rushville and Shelbyville ( Hancock was not then organized). it is difficult to realize that only three quarters of a century have elapsed since this territory was so sparsely populated, so lacking in wealth and so meagre in legal and official business that it could all be combined in one judicial circuit.
The Sixth Judicial Circuit was composed of the counties of Henry. Allen, Dela- ware, Elkhart, Fayette, Randolph. Rush, Union and Wayne. Mention has been made of the fact that Elkhart County when organized was attached to this circuit for judicial purposes. As has heen stated, Elkhart and St. Joseph were the first two counties or- ganized on the Michigan line. At this time (1830) practically the northern half of the State of Indiana was a dense wilderness, peopled by the Delaware, Kickapoo, Miami, Pottawatomie and Ottawa Indian tribes. An authorized map of the State of Indiana. published in 1827, shows not a county in the State other than Allen organized north of the northern boundary of Henry County extending east and west across the State, excepting Randolph (1818). Delaware (1827), Madison (1823), Hamilton (1823), Mont- gomery (1822). Fountain (1825), and Vermilion (1824). The now populous county of Boone on a line across the State as mentioned is not named on this map of 1827. as it was not organized until 1830. Elkhart County was attached to the Sixth Judicial Circuit in name only and the presiding judge of the circuit was probably never in the county for the purpose of holding court. Afterward (1832). La Grange County. which is the first county east of Elkhart, was also attached to this district for judicial pur- poses. The presiding judge was probably never in La Grange County for the purpose of holding court.
PRESIDING JUDGES.
THIRD JUDICIAL CIRCUIT.
Miles C. Eggleston. of Brookville, afterward of Centreville. commissioned April 1. 1822, presiding judge, to supply the vacancy occasioned by the resignation of Alex- ander A. Meek: again commissioned December 18. 1823, for the full term of seven years. He succeeded himself and was re-commissioned December 18, 1830. The circuit was com- posed of the counties of Dearborn, Delaware. Fayette. Franklin. Jennings, Randolph. Ripley. Rush, Switzerland, Union and Wayne, as contiguous territory and all unorgan- ized territory north to the Michigan line, which included the "attached" but organized
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HAZZARD'S HISTORY OF HENRY COUNTY.
county of Allen. When Henry County was organized it was "attached" for judicial pur- poses to this circuit. Within three years a new circuit, the Fifth, was created and Henry County was made a part of it.
FIFTH JUDICIAL CIRCUIT.
Bethuel F. Morris, of Indianapolis, commissioned July 20, 1825, was presiding judge. He succeeded himself, being re-commissioned January 22, 1829. This circuit was composed of the counties of Henry (until it was transferred to the Sixth Circuit), Bartholomew, Decatur, Hamilton, Hendricks, Johnson, Marion, Morgan, Rush and Shelby.
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