USA > Kentucky > Henderson County > History of Henderson County, Kentucky > Part 30
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This oath was a little more than the Council could take at one dose. The medicine was too strong, and the principal parts com- pounded too recklessly, and, in return, the patients resolved to suffer rather than seek relief at the expense of such a horrid prescription ; therefore, the following answer was returned to his royal excellency :
" HENDERSON. KY., MAYOR'S OFFICE, August 19th, I862 "Lt. Col John W. Foster, Commanding Post :
" SIR -Your latest communication has been received by the City Coun- cil, and as we have already taken the oath prescribed by law, and faithfully observed it, we do not feel inclined to take any other We, therefore, do not wish to act any longer as Councilmen and hereby resign our positions as such Respectfully, P. B. MATTHEWS, Chairman.
W. H. LADD,
F. B. CROMWELL,
R. G. BEVERLY,
J. ADAMS. W. H. SANDEFUR."
Upon receipt of this communication the resignations of the Councilmen were accepted, but they were held to answer, at the point of the bayonet, until each one should execute, with good security for himself, a bond conditioned, not as the law directed, but as a military dictator determined.
The resignation of the Council having been reported to the Legislature, then in session, a special act was passed and approved on the thirtieth day of August, directing the County Judge to appoint officers of an election to be held in the city on the tenth day of Sep- tember, 1862, to fill the vacancies. On this day the election was held and the following officers were elected : Mayor, David Banks ; Councilmen, First Ward, William S. Holloway, Jacob Reutlinger, J. C. Allin ; Councilmen, Second Ward, P. H. Hillyer, Jacob Held, Peter Semonin ; Assesor, Robert B. Cabell. The new officers were sworn in by his Honor, P. A. Blackwell, City Judge, and held their first meeting on the twelfth day of September.
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HISTORY OF HENDERSON COUNTY, KY.
On the sixth day of November the Council contracted with Collins & O'Byrne for building a three-foot brick tunnel at the foot of First cross street and filling two ravines in Water and First Streets.
1863.
At a meeting of the Council held October 6th, 1863, a petition from the heirs of Wiatt H. Ingram, deceased, was presented, praying for the opening of a stre t fifty feet wide, running through Ingram's enlargement from the Catholic Church on Third Street to Center Street at Mrs. L. M. Thornton's property, and for a continuation of First cross street to the new street to be called Ingram Street, and given to the city by the said Ingram's heirs. At that time Second was the only street running through the Ingram property, the whole of it back of Green Street being fenced up in one body. The Coun- cil accepted the gift of Ingram Street, and directed its opening from Third to Center, and the opening of First from Green to Ingram.
In the organization of the Henderson Gas Light Company the City of Henderson had subscribed for ten shares of the stock of the company, valued at $50 per share, and given in payment for the same the lot of ground upon which the buildings were erected.
Misfortune for some cause fell to the lot of the company, and on the twenty-fourth day of November suit was instituted by Hugh Kerr to foreclose a mortgage given him upon the works, to secure the pay- ment of a note for $784 and interest.
On the eighth day of April, 1864, another suit was filed by Samuel P. Spalding, assignee of Peter Semonin, to forclose a mortgage for $835.25 and interest. Other suits were brought, and on the twenty-fifth day of April, 1864, under an order of court, D. N. Wal- den, sheriff of Henderson County, at the Court House door, exposed the works to public sale, and J. C. Allin, on behalf of the city, became the purchaser. Exceptions were taken to this sale, but the court overruled them, and then an appeal was taken to the Court of Appeals. This court reversed the court below ; subsequently, to-wit : On Janu- ary 22d, 1866, under an order of court, G. A. Sugg, Sheriff of Hen- derson County, exposed the property to sale the second time and Robt. G. Rouse, Jr., being the highest bidder became the purchaser at and for the price of $1,991.25, and afterwards transferred his bid to the City of Henderson. This sale was confirmed and deed ordered made to the city.
In an article criticising the beauty and social charms of the ladies of Henderson the New Albany Ledger, in its last issue in December,
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HISTORY OF HENDERSON COUNTY, KY.
paid them the following handsome compliment : " The ladies of no city in Kentucky are more celebrated for this heavenly gift than those of Henderson, and added to this are those rarest charms of intelligence and accomplishment in all the graces that make women angels on earth.".
1864.
The tax levy showed for this year, value of town lots, $1,541,490 ; 436 slaves under sixteen years and 401 over sixteen years, value, $173,775; value of personalty, $90,250; 38 stores, $139,850; 42 slaves hired per annum and 37 hired for less than one year, $18,650 ; 402 white males over 21 years of age, 30 free blacks and 32 dogs.
The following is a list of the specific taxes :
GROCERIES.
William Biershenk, $15; Jacob Held, $25; George Hak, $5; Jacob Held & Sons, $25; B. Koetinsky, $35; P. L. Kloninger, $5; J. B. Millet, $10 ; Nunn & Rudy, $50; T. L. Norris, $40 ; L. Reigler, $10 ; John Schlamp, $15 ; W. A. Sandefur & Co., $20; E. L. Starling & Co., $50; J. B. Tisserand, $40 ; B. B. Williams, $40 ; Whiting & Co., $20.
STEMMERIES.
Joseph Adams, $50 ; John H. Barret, $40 ; D. R. Burbank, $25; D. R. Burbank, Jr., $40 ; B. M. Clay, $35 ; John Funk, $25 ; Kerr, Clark & Co., $40; J. Rudy & Co , $35; William Soaper, $40; Taylor & Evans, $40, E. W. Worsham, $25.
COMMISSION AND FORWARDING.
M. P. Rucker, $50.
1 BOARDING HOUSES.
J. B. Cook, $10; John H. Lambert, $20; A. H. Talbott, $10. COFFEE HOUSES.
Eighteen in number in the city.
September 10th the Farmers' Bank was robbed by guerrillas and a meeting called to organize for mutual protection, a history of which has been given before.
1865.
On March 1st, upon petition of the Mayor and Council, an act was passed by the Legislature authorizing the sale of the Public Square, the proceeds to be applied to building a wharf in front of the city. This act was to take effect uoon its having been ratified by a majority of the qualified voters at some election called for that pur-
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pose. By order of the Council on Monday, May 1, 1865, an elec- tion was held, and resulted in a majority voting for the sale of the Square.
On the sixth day of June the Council directed the Public Square to be laid out into suitable lots and a plat made thereof.
August 1st the committee reported, and a sale of lots ordered to take place on Saturday, the ninth day of September, on the following terms : one-third cash, one-third in six months and one-third in twelve months, with interest from date of sale. The Square was di- vided into twenty-six lots, fronting from twenty-four and a half to fifty feet, and sold at prices varying from $20 to $60 50 per front foot. Twenty-three lots were sold, aggregating the round sum of $20,- 632.75.
This was very good, but three years afterwards the Council found out what the Council of 1865 ought to have known, to-wit : that the act of the Legislature authorizing the sale of the Square was worth no more than the paper upon which it was written. The city could make no title, and as a necessary consequence, was compelled to re- fund the money she had received, and pay for one or two buildings erected since the sale. The principal, interest and extras were paid for in 10 per cent. bonds and the Square again became the property of the general public.
July 21st, upon motion of Hon. Grant Green, a committee was ap- pointed by the Council to purchase a mule and cart. This was done, and many citizens remember how faithfully that little animal earned his food year after year, under the experienced management of Coun- cilman Henry R. Tunstall. It is claimed by some to this day, that this little mule, with his cart, did more in his peculiar line for the city than all of the teams employed since he was sold, or turned out to die.
On the eleventh day of October an ordinance was passed to gen- erally improve the unimproved side walks of the city by laying down substantial plank walks. Some eighteen lines were ordered at this meeting. While plank walks are, as a general thing, expensive and soon become worthless, yet under the circumstances they added at this time greatly to the comfort of pedestrians.
The war was over now, peace had once more embraced the land, and no man or set of men could have felt the need of earnest effort more keenly than did the City Council, The spirit of progress had seized them all, and the disposition to regain all lost by the war, and
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HISTORY OF HENDERSON COUNTY, KY.
then move on with the quick times, was evidently manifested at each meeting of that body. It was now determined, in addition to other improvements, to build a magnificent wharf, extending between Sec- ond and Third Streets. This great undertaking it was known, would cost an untold sum of money, but it was deemed necessary, and for that reason preliminary steps were taken looking to its building and completion. Councilman Grant Green was directed to prepare an amendment to the city charter to be passed by the legislature, au- thorizing the Council to raise the ad valorem tax of the city to the maximum of one dollar upon the hundred valuation. The specific maximum to one hundred dollars and the poll tax to two dollars. The wharf committee on the sixteenth day of December was authorized · to advertise for sealed proposals for paving the wharf.
On the twenty-sixth day of September the "City Bank " build- ing, now the " Henderson National Bank," on Main Street, between Second and Third, was purchased by Hon. Grant Green, William J. Marshall and Edward Atkinson under the firm name of Green, Mar shall & Co., and on the fourth day of November this firm opened and established a private bank with sufficient funds to transact a large business. In November this same firm caused to be built the large tobacco sales warehouse on Third, between Main and Water Streets.
November 7, J. M. Taylor's large brick tobacco stemmery, on the corner of Clay and Green Streets, was burned.
The cholera made its appearance in Henderson this year, but owing to rigid health regulations, it was smothered.
The magnificent residence of Joseph Adams and the splendid stone front bank building, erected by the " Farmers' Bank," were contracted for and put in course of building this year.
L. C. Dallam's handsome residence, corner of Elm and Powell Streets, Gilmour's tobacco factory, corner First and Water Streets, and Reutlinger's City Brewery were built this year.
J. M. Taylor's large tobacco stemmery was rebuilt.
September 11, William Harris, an ex-Federal soldier, was shot and killed in P. O. Applegate's saloon on First Street, by one Henry Kokernot (pronounced Coaconut), a brother-in-law of W. W. Catlin. The shooting was said, at the time, to have been a plain case of mur- der, although the examining trial exonerated Kokernot. The slayer left Henderson soon after and has never returned.
This was the great year in the history of the Presbyterian Church. It was here the Church divided into two factions, the Northern faction
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HISTORY OF HENDERSON COUNTY, KY.
being led by the great Robert Breckenridge, the Southern by the equally great Stuart Robertson. It was an exciting time in the his- tory of the Church, as very many who will be reminded of it by this brief mention, will well remember.
1866.
Febrary 5th, the act before mentioned, was passed and approved, authorizing the Council to assess and collect annually for two years against each male inhabitant over twenty-one years of age, a capita- tion tax of fifty cents, and ad valorem tax of the same amount, on the same property allowed by law, and a specific tax of not exceeding fifty dollars upon the same property now allowed by the charter in addition to the taxes already assessed, to be appropriated to building the wharfs between Second and Third Streets.
Owing to excavations in the hillside at Fourth Street along side of the old cemetery, and the exposed condition of many old and unknown graves, the Council ordered that all exposed remains should be re- moved and decently interred in the new cemetery, and that other graves then in the street beyond the line of the Eastin survey be ex- amined, and if any remains were to be found they to be interred also.
In January of this year the first daily mail was established be- tween Henderson and Louisville.
January 11th, Stephen Duval, a white man, was publicly whipped by order of a jury for stealing meat from the market house.
There was a greater demand for houses this year than had been known for many years.
April 1st, F. H. Dallam, one of the most learned and profound lawyers in the State, departed this life.
Saturday, April 15th, Sterling Payne was killed in the intersec- tion of Main and Second Streets by Richard Allen in self-defense.
An ordinance was passed May 1st directing the improvement of Second Street from Green Street through the Alves enlargement by grading, guttering and laying down a plank walk.
On August 7th, 1866, an order was passed by the City Council directing the purchase of a city clock, provided it did not exceed in price eight hundred dollars. On the twentieth day of September a contract was made with E. Howard & Co., of Boston, Mass., for the present clock, at and for the price of five hundred and twenty-five dollars. Other expenses attaching, to-wit : freight, iron weights, put- ting it up and the expense of an expert from Boston to do the work, made the whole cost nine hundred and seventy-six dollars. No one
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HISTORY OF HENDERSON COUNTY, KY.
will gainsay the expenditure, for most assuredly this public time piece has proven a blessing to the public generally.
THE NEW WHARF.
The work of grading the wharf had gradually progressed until it had become necessary to contract for the stone work. On the twelfth day of July City Engineer F. H. Crosby presented a profile and specifications of the wharf, together with a form of contract drawn by Messrs. Turner & Trafton, city council advisors, all of which were adopted.
On the seventeenth day of July the contract was awarded to John Haffey at the following prices : For grading, 24 cents per cubic yard ; for graveling, $1.05 per cubic yard ; for sand 20 cents per cubic yard ; for curbing, $1.30 per lineal foot ; for paving, $4.25 per 25 feet surface measure and 9 feet deep.
On the eighteenth day of July the contract was signed by P. B. Matthews, Mayor, on the part of the city, and John Haffey, John C. Stapp, William S. Holloway and W. H. Sheffer on the part of Haffey.
On the fourth day of December a license was granted Messrs. Crocket & Reichert upon their new public hall just completed and known as " City Hall."
1867.
THE NEW CHARTER.
Upon the incoming of Mayor P. B. Matthews the Council of 1866 and the City Council Advisors associated with them, it was deemed advisable that a new charter should be secured, and that at an early date, for many reasons. The charter and amendments then in existence were better calculated for the government of villages and towns, by no means what was needed for a progressive city of four or five thousand inhabitants. It conferred but few powers of a general nature, and in many of its parts conflicted with the laws of Congress, passed subseqent to the war, and, therefore, in so far, was non-operative and obsolete. The Council wanted and needed a charter conferring all general and special powers given to cities, in order that Henderson throttled by the damaging consequences inci- dent upon the coming and progress of the war, should come up out of her depressed and crippled condition, and assume a station among the leading and growing cities surrounding her on every side.
It was necessary to pull out of the old rut and take on a new life by devising and encouraging new commercial and business enter- prises, by a general and systematic improvement of the streets and
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HISTORY OF HENDERSON COUNTY, KY.
public places of the city. In short to lay aside the village habits and take on the quick step of the wideawake city. To do this, therefore, Messrs. Turner & Trafton, City Council Advisors, on the eighth day of June, 1866, were appointed a committee and requested to prepare a charter and report at their earliest convenience. For some months this learned firm was diligently engaged in preparing a char- ter to meet the wants of the times, and on the sixteenth day of Jan- uary, 1867, made their report, which upon being read section by sec- tion, and every doubtful point thoroughly discussed, was unanimously adopted by the Board of six Councilmen then in office. Immediately after its adoption the charter was sent forward to Hon. G. M. Priest, Representative, then at Frankfort, with instructions to procure its pas- sage, which was done without one single change or alteration, and the same approved by the Governor February 11th, 1867.
Under this charter the city was divided into four wards, giving to each ward two representatives in the Board. It extended the bound- aries of the city, greatly enlarged the judicial powers of the corpora- tion, defined the duties of the Legislative, Executive, Judicial and Ministerial Departments, and was in every respect a document cal- culated to meet the growing demands of the times. As an evidence of the real worth of this charter, it was, after its passage, adopted in whole or in part by several cities of the State, Owensboro, Covington and Paducah among the number.
Since its passage sixteen years ago, many changes and amend- ments have suggested themselves, but in the main the charter of '67 remains yet intact, the law governing the municipality. It has worked well, and from its birth we can date the substantial and rapid growth of Henderson. The first election held under this charter took place on the sixth day of May, 1867, when two Councilmen from each of the four wards were elected, together with an Assessor, City Clerk, Treasurer and City Attorney.
RAILROAD SUBSCRIPTION.
On the eighth day of April, 1867, a petition signed by 354 legally qualified voters, constituting a majority of the qualified voters of Henderson, was presented to the Council, certified to by F. W. Reut- linger, A. J. Anderson, James H. Johnson, William H. Hopkins, William Biershenk, P. B. Bryce, E. W. Worsham, John C. Stapp, J. W. Williams, W. A. Sandetur, George M. Priest, Thomas S. Knight, C. Sechtig, bearers of petitions, praying the Council to subscribe to the capital stock of the Evansville, Henderson & Nashville Railroad Company the sum of three hundred thousand dollars, to be paid in the
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HISTORY OF HENDERSON COUNTY, KY.
bonds of the city at par, one hundred thousand dollars payable in twenty years, bearing 8 per cent. interest, payable semi-annually, and two hundred thousand dollars payable in thirty years, bearing 7 per cent. interest, payable semi-annually.
The people lost all control, went wild, they wanted a railroad, and, but for the action of the Council, General Boyle, President of the railroad company, would have asked and had readily given him rights, damaging to the city beyond the loss of any amount sub- scribed The Council refused to entertain his proposition until it had been modified in several particulars, and the city's interest more safely guarded.
On the eighteenth day of April, an ordinance was passed mak- ing the subscription, and directing the issue and disposal of the bonds. John H. Barret was selected as the depository to hold and negotiate the bonds as directed in the ordinance and letter of Gen- eral Boyle to the Council.
It was an easy matter for the Common Council to count the number of those who had signed General Boyle's petition. It was an easy matter to determine the majority, and so it was an easy matter to direct the issue of three hundred thousand dollars of the city's bonds to aid in building the road, but to raise the twenty two thousand dol- lars of interest to be paid annually, was a matter of moment, few of those who had signed the petition had ever given a passing thought, yet this had to be done, and exactly how was the question. This Council felt no disposition to oppress anyone, it was their deter- mined wish to instruct the Assessor upon the most equitable plan possible, and yet they knew that no list of property could they decide upon as the proper one for taxation would be perfectly satisfactory to all parties concerned.
In the act to incorporate the Evansville, Henderson & Nashville Railroad, passed and approved January 29th, 1867, is the following clause : " It shall be lawful for any election district or the legal voters thereof, through which the road may be located, to petition the County Judge of their county, by written petition, signed by the said voters, to subscribe to the capital stock of said company, for such sum as they may fix in their said petition, and on such conditions as may be accepted by said company, to be paid by a tax to be levied upon the taxable property of the said election district, real and personal, that may be subject to taxation under the general revenue laws of the State."
This then settled the question of taxation, and on the eleventh day of July a form was adopted, and under that form the Assessor
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HISTORY OF HENDERSON COUNTY, KY.
reported taxable property to the value of $3,500,000, and to raise the sum of $22,000 interest and $6,000 to cover commissions and con- tingencies, a tax of 80 cents on the $100 was levied, and to make the payment of the tax as easy as possible, the Marshal was directed to collect one-half by the first of November, 1867, and the other by the first of May, 1868.
The Assessor was directed to make his list as if taken the first day of June. This order met with opposition, as did every other order made by the Council. H. E. Rouse, Assessor, was indefatiga- ble in his effort to do his duty, yet he was met by determined oppo- sition, and was thereby compelled to appeal to the Council time and again. Several plans were adopted and changed, and finally it was determined to stand by the one adopted July 11th. This was con- tested by certain taxpayers by suit in the Henderson Circuit Court, and finally decided in the Court of Appeals December 4th, 1868, " 4th Bush."
From the syllabus to the decision the following is taken and deemed sufficient without copying the entire decision :
John H. Barret & Co. vs. the City of Henderson ; the City of Henderson vs. John H. Barret : “ When a city is authorized to levy a tax upon the taxpayers of the city taxable under the revenue laws of the State, such tax must be levied as of the date and upon the same persons and property as prescribed by the revenue laws of the State. Taxpayers, taxable under the revenue laws of the State, des- ignates both the person and subject of taxation."
This decision then settled the vexatious question of taxation for railroad purposes. From the first assessment to this day, be it said to the credit of the taxpayers, the city has never defaulted in the pay- ment of her semi-annual interest.
On the twenty second day of July, John H. Barret, custodian of the bonds, tendered his resignation and settlement of the trust, show- ing that he had received from the sale of bonds the sum of $34,500, and that he had paid out, including the sum of $500 allowed him for his services and expenses while in the East in the interest of the com- pany, the sum of $24,282.51, leaving a balance in his hands of $10,- 217.49, which was promptly paid to the Mayor of the city He sold and delivered thirty-three bonds and negotiated others, which were delivered by his successor.
During his visit to the East he purchased with his own means Engine No. 1, known as the "Pony," and had it shipped to Hender- son, etc.
On the thirtieth day of January this, the first engine ever seen in Henderson, was landed at the wharf and several days were con-
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sumed in hauling it up the wharf, and through the streets over a tem- porary track to the depot where it was soon afterwards placed in run- ning order. When this had been done steam was raised and a shrill, keen whistle awakened the citizens to the absolute certainty that the Evansville, Henderson & Nashville Railroad was a thing of life in- deed. This same afternoon the Mayor and Council, and several citi- zens were treated to a short ride over the five mile track which had been laid down before the war, but never before used.
Upon the resignation of Mr. Barrett, Hon. Grant Green was ap- pointed and qualified his successor as custodian of the bonds.
The gas works, which had become the property of the city by purchase, but had remained idle for a number of years, except the short time while under lease to W. A. O'Bryan, made December 6th, 1866, were again thrown upon the city, and what to do with them was a question the Council was anxious to settle permanently. On the 11th day of July a committee was appointed by the Council to let out the gas works and report. This committee contracted with T. M. Jenkins to take charge of the works as superintendent and manager, and filed the contract, which was adopted July 17th, ap- pointing him for fifteen years and appropriating seven thousand dol- lars to be expended in placing the works in first class repair, adding new machinery and extending the gas mains. The works were re- constructed, and under competent management have proven a most gratifying success, not only as an illuminating power, but as a profit- able financial enterprise. These works to-day, size and capacity con- sidered, are the equal of any to be found in the State.
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