History of Hamilton County, Indiana : with illustrations and biographical sketches of some of its prominent men and pioneers, Part 12

Author: Helm, Thomas B. cn
Publication date: 1880
Publisher: Chicago : Kingman Brothers
Number of Pages: 428


USA > Indiana > Hamilton County > History of Hamilton County, Indiana : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 12


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B. Cogswell, be allowed 825, first payment for building court house, and, also, 825 in part of his second payment."-Made at this January session, 1831.


In the mean time, before the construction had greatly progressed, it was determined that the building, instead of being created on the site proposed in the original order, should be on the public square, as the more suitable place ;" heure, the Board, at its May session, ICH, ordered " that Francis B. C'genel be authorized to greet the court lomse on the public square, instead of on lot No. 1. in square eleven." During the same session the contractor was allowed 825, in part payment of the third installment on the new court house, and at the August session following. he was allowed 825, in part of the fourth pay- ment on the court-house contract. The looking was no doubt built and completed in accordance with the terms of the contract, since the record shows that the November session of the board was held in the court house, the contract requiring that it should be completed by the second Monday in November. It was further shown. also, that during the term. " he reported to the board that the house was completed, and asked them to accept the same." I'mon the presentation of this report, the Board entertained some doubts whether the contract had been literally complied with, which doubts, and their action in regard thereto, are suficiently defined in the following extract from the record in the case :


" And the Board, after viewing and examining said house, are of the opinion that the work in and about said house has not been done and performed agreeably to the contract and undertaking of said t'ogswell , we therefore refuse to accept the same, and to make full payment for the same : Whereupon, the Commissioners of the county and the said t'ogswell agree to submit the matter of difference in controversy to the award of Charles W. West, Curtis Mallory and John Shryork, whose award shall be final. The referees made the following report


" We, the arbitrators, after being sworn by B. F. Cogswell, and having made a careful examination and inspection of said building, now return the following award .


" Deductions for weather. boarding .$1 50


" Deductions for an ier fluor


" Deductions for window blinds.


" Deductinas for partition door4


" Total deductions $1 21


" And, thereupon, the board received and accepted said house, and ordered the same to be paid for, as per contract price, except said som of 8325. All parties were satisfied "


The current expense account for this year shows, among other things, the following: For creating the court house, 8180, deducting 8:1.25, makes the total som $156.75. At the same form, it was ordered " that F. B. C'og-well, be allowed $135, 57; in county orders, in full payment for creating a comt house. William S. Gor was allowed 81.75, for summoning arbitrators for court house." A forther order was made at the Jannary session, 1832, allowing F. B. f'ogswell $172.614, in full of all demands.


CHAPTER IV.


PUBLIC BUILDINGS-CONTINI A.D.


Brick Court House Ordered, Contracted For and Built-Subscription Fand for the Erection of Public Buildings. De.


IN the course of time, it was found that the second, or frame, court I home was insuficient for the purposes contemplated in its creation, the period of its usefulness being shorter than was anticipated. Therefore, at the September ression, 18:15, of the Board of Commissioners of Hamilton County, it was ordered that a court house be built on the public square, as follows : To be Box In fort square, with stone foundation eighteen inches below the surface and two feet above; two fint wall ; the walls to be brick, the lower story sis- teen feet high : upper, tou feet ; first wall eighteen inches thick ; the second, thirteen. To be finished with suitable doors, windows, etc., and to have a cupola and steeple, according to plan to he hereafter agreed upon by the Com- missioners. Notice to be given by publication in Indianapolis newspapers, and by manuscript and printed advertisements, etc. Scaled proposa's to he received at Noblesville, between the 17th and 21th of October next. To be completed hy January 3, 18:37."


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41


HISTORY OF HAMILTON COUNTY, INDIANA.


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At the following October session, 1835, a further order was entered among the proceedings of the Board at that term, in these words, to-wit : " Ordered. That the plans and descriptions for a new court house, authorized at last session, be rescinded, and that the Board adopt the plans of John Hirewalt. House to be Imilt ou center of the public square, and the proposal received according to notice given for the erection of the same being now opened, it appears that Charles Grover, JJames Turner and William Evans proposed to furnish the material, build the same and complete it according to the above-named specifi- cations and plan, for the sum of 83,985; and that John D. Stephenson pro- posed to build the same for the some of 84,500 ; and. it appearing that the bid of the said forover, Turner and Evans is less than that of Stephens the sum of 8515, and there being no other bid, it is considered that they are entitled to the contract for the erection of the same." It was accordingly ordered " that Charles Grover, James Turner and William Evans be allowed $30 payment in advance on contract, after filing bond. ete." At the Jammary session, 1836, it was ordered that the principal front of the proposed court house be placed to the east ; and at the May session following, Francia W. Emmons was allowed 83.50 for making draft and specifications for said building, and a fur- ther som of 8200 was allowed the contractors for work done, of which the County Agent was directed to pay $50, as soon as collected. At the June pression the agent was directed to pay said contractors the further sum of 875, to apply on their contract for building the court house. Again, at the Sep- tember session (1836), 81, 000 were ordered to be paid for work done on the new court house, and, at the same time, the County Agent was directed to contract for painting and penciling the brickwork. James Mahin omdl Thomas A Lindsey, at the November session following, contracted to do the lathing and plastering for the sum of $395, and the contract wax accepted.


The emtractors, having novle good progress in the construction of the new building, were allowed an additional $500 on their work, at the -lamary ses- . sion. 1837, and, at a special srasion, held on the 20th of the same month, the Board made the following further ouders in the premises. " That Charles Grover be allowed 810 for extra services on court house" and "85 for the use of the new court house during the December form of the Circuit Court, 1836." It was further ordered " that the agent of the county pay Grover, Turner and Evans, the balance due them for Imibling the court house as soon ns they deliver the keys." Subsequently, at the March session, 1837, the County Agent reported that he had paid to Grover, Turner and Evans, $315.75, the balance due them for building the new court house, and to Barnes and Horniday, for painting. 8155, and to D. Foland, for viewing painting, 81.50, making a total balance on account of the court honse, $171.25. At the smine time, the Sheriff was directed to sell the old frame court house, at public anetion, in the town of Noblesville, on Saturday, the 25th of March, 1837. for one-half the purchase money in three, and the remainder in six months from the day of sale. At the May session, 1938, the County Agent was ordered, out of the firmls in his hands, to furnish the court-room with a bench for the Judges, hoyes for the jurors, seats, stands and other necessary furniture. Finally, at the November session of the same year, Joseph Nichols was allowed $1 for making out a specification for the new court room, which completed the court house for court purposes.


Pending the action of the Commissioners appointed to locate the seat of justice for Hamilton County, and as a part consideration for such location at Noblesville, a subscription was extensively circulated and numerously signed, propering the creation of a find to assist in the creation of such buildings, to be dedicated to public use for the benefit of the county, as might be required. The following is the subscription, which fully sets forth it> pijA :


" The undersigned hereby engage and promise, in consideration that the seat of justice be established at Noblesville, of William Conner and Josiah F. Polk, within and for the county of Hamilton, to pay onto William Dyer, Zonas Beck with and Solomon Finch, Commissioners of said county, und their sucres- sors, who muy hereafter exrente the duties of County Commissioners, on the demand of the County Agent to be by them for that purpose appointed, the amount annexed to our respective names, for the use of the said county of Hamilton, toward the creation of the permanent public buildings of the county. It is expressly understood that all work or materials hereunto. sub- scribed shall be done or delivered at the public square in the town of Noblesville.


NAMES OF SUBSCRIBERH.


NATTHE OF THE PAYMENT.


Janice Willison $50 00 in mason work.


Jamey C'aster.


10 00 in werk.


Hezekinh Belly


45.00 in lumber, when I get my sawmill


in operation.


Hezekiah Betty


10.00 in hauling xtone.


John Stonpa.


00.00 in enrpenter work.


Stephen Wall


6.00 in chopping and getting timber,


John Dale.


5.00 worth of shingles.


ficorge Dale


25 00


Curtis Mallory


10 00 in carpenter work.


J D. Stephenson.


10.00


Peter Chisson


10 00 in carpenter work.


John L'onner.


60.00 in lumber.


Daniel Heaton.


10.00


AAsnhel Dunning.


10.00 in framework : $10 cash.


Charles Lacey


16.00 in cash : $10 in teim-work.


Henry Hulbort


10.00 in carpenter work.


William Gue (by .I F. Poik )


6.00


Malo Bush.


5.00 in team work.


George Shirts


5 00


=


William Bush


10.00 in hauling.


Thomas Morris.


10.00


Josinh F. Polk


30 00


William Conner


40 00


William Copper and Josiah F. Polk donated 81,050 dollars, in considern- tion of the payment of the above donations, excepting the subscription of Hezekiah Betts, which was considered invalid. They executed a bond to fulfill the conditions, ete.


Subsequently, additional subscriptions were made, as follows: William lewis, who owns land on the west side of White River, opposite Noblesville, 820; Mr. Cottingham, 815; Mr. Colburn, 815 ; Mr. Crayeraf, 815; M. S. Dickson, 815 ; Mr. Med-ker, 815 ; S. Dale, J. D. Stephenson, James Willi- soin, Curtis Mallory, Asabel Dunning, John Conner, Josiah F. Polk, Charles Larey, William Conner, Hezekiah Betts and John Stoops, made obligation guaranteeing the last subscriptions, or any part thereof; in event of failure, to pay by any of the parties. These sums, so far as the same were collected and as rapidly, were appropriated to the expense account of the public buildings ererted for the use of the county, to which referenre has already been made in the preceding pages, with the other funds appropriated for the purpose in the location of the seat of justice.


CHAPTER V.


PUBLIC BUILDINGS-CONTINUED.


County Seminary- The Fund-How Created-Its Purpose-How Appro- printed.


P DIESUANT to the provisions of " An Act relating to County Seminaries," approved January 31, 1831, it was made the inty of' " the County Commis- sinners in their respective counties, at their first meeting after the passage of this act," * + 1 to " aggmint some fit prison as Truster of the County Seminary for their respective counties," who should take an oath faithfully to discharge the duties appertaining to such ofice, "and also give bond, payable to the State of Indiana, with two sufficient sureties, in the penal sum of' double the amount, as near as may be, of the funds of the County Seminary, condi- tioned for the faithful performance of the duties of his office," etc. Section à of that art provided that " all fines which now are, or may hereafter be directed. by law to be paid for the use of a public seminary in each respective county, shall be paidl into the hands of the Trustees thereof, nuy law fo the contrary thereof, in any wise notwithstamling." In conformity to the foregoing provi- sions, it was made obligatory noon all officers and others to whom the afore- mained elements of the fund were primarily paid, to faithfully account for and to pay over to the Trustee so appointed, any and all such funds, under severe penalties for all failures so to do. It was made the duty of said Trustees, also, " annually to lay before the Boards of County Commissioners, a complete state- ment of the situation of the funds belonging to their respective County Semina- ries," as a safeguard over the finds contemplated by the lawmakers, to be carefully hushanded for the eduration of the coming generations. A forther provision imposed upon such Trustee the duty to " annually, within the first twelve days of the session of the General Assembly, transmit to the Speaker of the House of Representatives, a certified list of all moneys by him received, in con- formity with the provisions of this act," and annually exhibit & detailed account


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42


HISTORY OF HAMILTON COUNTY, INDIANA.


of the funds in his hands to the County Commissioners, on the second day of their November term, each and every year, which exhibit, with the approval or disapproval of the official conduet of the Trustee, by said Board of Commis- sioners indor-ed thereon, was required to be forwarded "to the Speaker of the House of Representatives, on or before the first Monday of December, annually."


As a means, also, of accumulating said funds, it was made the duty of such Trasters " to loan all moneys paid to them, as such, for the term of one year, at the rate of 6 jer ventum per annum, taking bond and good freehold security therefor, payable to themselves and their successors in office."


To incorporate a Board of Seminary Trustees, it was necessary first that the qualified voters of the several townships of the county should manifest their desire in that direction by fleeting for each such township a representative Tindre, who should give bond and quality. A majority of such Township Trustees, having thus qualified, were vested " with powers and liabilities, similar to other corporations, and subject to the peculiar object of their organiza- tion, and the limitations, restrictions and directions of the General Assembly." Such corporate body was under the jurisdiction of the Circuit Court, while the County Traster first named was under the jurisdiction of the County Board.


Pursuant to the foregoing statutory provisions, John D. Stephenson, Clerk of' the firenit Court, at the May session of the County Board, for the year IS21. " made return of the amount af fines assesed in the Circuit Court for the last judicial year, ending May 1, 1821, amounting to 87, fig the use of the County Seminary, to be paid to the Trustee to be appointed for that purpose." At the March session, 1525, Jater D. Stephenson was appointed by the Board soch Seminary Trustee, as required by the provisions of the first section of the art to which reference has already been made


The arenmodations of the County Seminary fond were not great during the early period of the county's history, not enough, indeed, to induce any steps to be taken toward the appropriation of grounds of the erection of a building suitable for the purposes contemplated by the early fathers in the preparation of' a law whereby their children might secure the advantages of' a hberal contration at home. Within a reasonalde time, however, after the local machinery had been put in motion and the attention of the community had been drawn from the study of organic economy, this necesary adendum to the formulation of' a county jurisdiction became the subject of deliberate consider- ation. Accordingly, at the November session, 18:30, of the Board of Com- missioners, lad No. 1. in Square No. 7, in the town of Noblesville, was donated by the county for the use of the Hamilton County Seminary and a common school. Subsequently, at the January session, 1832, John D. Stephenson was re-appointed Trustee of the County Seminary fand, for a form of' one year from that date ; he resigned, however, at the following March session, and Albert B. Cole was appointed in his stead.


In 18:3, at the January session of the Band of County Commissioners the Traster filed a repet of the condition of the County Seminary find, of which the following is an abstract .


Received uf . D. Stephenson, ex-Trustee, in untes for money loaned by him $66 60


Received from anme, after deducting $1.61, commissions allowed ..... D3 14


Receive'l of C. Mallory, funds in his hands as Treasurer of county.


Received of Justicey of the Pence for fines assessed nud collected, 14 26


Received of Therk t. (. 6. for Gues nesensed and collected .... 3 00 Reveived of flerk H. C. ('. for 20 per centum on estrny nuimala ...


Received for interest accrued on moneys loaned.


Total .... $197 8G


Trusteen' Conanission deducted.


13


Balance ..


$196 73


Amount lonned nt 6 per cent


195 86


Balance on hand . $ 87


Total amount of fundi.


$200 23


The above report having been filed and accepted, the Board re-appointed Mr. A. B. Cole as Trustee of that fond. Having been again re-appointed in 18:15, he continued in that position until' January, 1836, and was then sue- rerded by John G. Burns, who, in turn, was succeeded by Haymon W. Clark, at the Jammury session, 1837. Mr. Clark was re-appointed in January, 1838, and remained in ofice until the March session of the board, 1812, at which time Thomas T. Butler was appointed to succeed him. Mr. Butler was again


appointed in the March term, 1865, and served during that and the succeeding year, when, the statute of 18833 taking effect, the County Board took the neres- sary preliminary stops toward seraring a suitalde tract of ground in the vicinity of Noblesville, whereon to ereet a County Seminary building. Pursuant to the provisions of that statate, the County Board at its lune session, 1811, appointed Karl S. Stone, with instructions to purchase a suitable tract of' land in the name of the State of Indiana, for the purpose of creating a seminary ; also, directing the Auditor to give a draft in payment, out of ary moneys in his hands, belong. ing to the seminary find ; " and whereas, it is the intention of this board to build a county seminary, the Auditor is ordered to collect the seminary fund in and reserve it from loan," to the end that it might be in readiness when needed for such purpose. At thesame sesion, Minor Mallory, Albert 1. Cole and George Simpson were appointed a committee to procure suitable plans, with estimates of the rost, for a county seminary buibling, and report the same for consideration at a subsequent session. Afterward, Prof. Samuel K. Hoshour, an eminent educator of the State, and a successful practical teacher, submitted to the board a plan for such a Imihling, which was duly considered. Again, at the September session, 1846, J. Elder, an architect and builder of Indianapolis, submitted further plans and specifications, for which he was allowed $10. The board thereupon ordered that an advertisement be inserted in the Indiana State Sentinel, at Indianapolis, giving notice that porqueals would be received on Friday after the first Monday in December following, to construct a county seminary building, according to the plans and specifications on file in the Auditor's office. Accordingly, at the December session, 1816, the following piqueals were submitted: John D. Cuttingham, Thomas 11. Lindsey and Joseph Bauchest proposed to ervet the building for 82,089 , William Han chert would build it for 21,2983.50, and for $2,1000, he would build and furnish it with wimbww shutters, Ista William-, Thomas W. bernard and John Fisher would build it for $2,100, Saet Wyllys would build it for 82.0.0.91. Vier a careful examination and comparison of these several pro- posals, the contract was finally let to William Bauchert, as the lowest bidder, all things considered. The buibling was to le of brick, thirty-two by forty-five fort, and two stories high ; the first story ten feet and the second twelve. The bnikling progressed slowly, and was not entirely completed until in the fall of 1850. Honre, at the session of the board held in Derember of that year, Jesse Latz, T. T. Butler, John T. Cox. John D. Stephenson, A. D. Cole and John C. Barns were appointed Seminary Trustees, to receive the building and take charge of the same, as provided by law-the two last named holding their after but one year, the statute requiring that one third of the number first. appointed, should go out of office every year and their places be filled by urw appointments. These Trustees wore appointed under the requirements of Section 31, of the statutory provision relating to the management of county seminaries, which reads . " Whenever said board shall have erected a building and shall determine to organize a county seminary therein, they shall appoint six citizens of said county, who shall constitute a Board of Trustees for said seminary." The next section provides that, " The said trustees shall be a body corporate and politie, and shall elect one of theh own body as President, and shall have power to appoint a Clerk , such President and Clerk being removable at the pleasme of the hand of Trustees." It was the province of the board so appointed, to employ all teachers and determine the course of' mstruction to be pur-ued ; fix the compensation of the teachers so employed, and of the Clock of the Board , appropriate for the payment of such teachers and Clerk and other incidental expenses, the tuition fees and such part of the principal and interest of the seminary fund as the Board of County Commissioners might designate and art apart. for that purpose. It. was the duty, also, of the Board of County Com- missioners to exercise jurisdiction in all matters relating to the seminaries of their respective counties, and take rognizaber of, supervise and inquire into the management of the seminary affairs, At the September session, 1851, the Iward appointed Joseph M. Mallory to examine the county seminary builling, compare the wink with the plans and specifications, and receive the same off the hands of William Banchert, the contractor, if said contract had been fully com- plied with. The board, then, at the Derember session, 1851, nyqwinted another Board of Seminary Trustees, consisting of John G. Burns, Jesse Lutz, T. T. Butler, A. B. Cole, J. M. Mallory and David Moss; the two first to serve one year, the two sreond two years, and the two last three years. After con- siderable delay, the board, at the September session, 1852, appointed A. B. Cole to receive the seminary off the hands of the contractor, William Bauchert, and canse it to be completed according to the contract, and to keep the samu in repair at the expense of the patrons of the school then in progress, From that time forward, the building was generally occupied.


. HISTORY OF HAMILTON COUNTY, INDIANA.


CHAPTER VI. PUBLIC BUILDINGS-CONTINUED.


COUNTY ASYLI'M.


" Early Management of the County Poor-Overseers of the Pour-" Farming Out Paupers"-Poor Farm-Asylum for the Pour, Etc.


[199 provide for and maintain the poor and indigent, relieve distress and provide for the necessities of those unable or incompetent to take care of themselves, are important elements in the local economy of every community, . and public policy demands that they receive proper recognition at the hands of society's representatives. The history of this community, in common with that of every community, especially in the new West, shows that active, living char- 'ity is an integral part of our buddy politie, a prime factor in the movements of the people everywhere, and is right, Provision is made by the For-enacting power of the State for the exercise of a liberal charity toward all who are enti- tled to be recipients of public benefactions.


Among the first provisions made by law for the alleviation of the poor, was the appointment of " Overseers," where duty it was to bear and examine into the nature of all complaints in behalf of the poor, in each &vil township of the county, amd ser that their wants were sufficiently provided for ; that they should not suffer for the common neressaries of life, mor allow them to be ill- treated. It was also made the duty of " Overseers" to keep a record, in which they should record the names of all persons in their respective townships who were unable to take care of themselves, and who, in their option, were entitled In the benefits prescribed by law for the maintenance of those unfortunates. A further provision made it their duty to put out, as apprentices, all poor children where parents were dead, or were found to be unable to maintain them-males until the age of twenty-one, and females until the age of righteen years. The general provision governing the duties of such Overseers is as follows :




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