USA > Michigan > Van Buren County > A history of Van Buren County, Michigan a narrative account of its historical progress, its people, and its principal interests Volume I > Part 19
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Then, too, charges of corruption in legislative halls are now-a-days so com- mon as to cause no special comment. And in certain communities it is as much as a high-minded honest and honorable man's reputation is worth to become interested in politics and become a member of a city council or a state legislature. No one who is familiar with legislative assemblies can truthfully deny that the legislature is subjected to a fierce fire of temptation and cor-
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ruption, which requires heroic virtue successfully to withstand, and many a law is upon our statute books and must be administered in our courts whose enactment has been purchased by a special class influence using the arts of the lobbyist and the corruptionist in legislative halls.
Now, all of these evils mean trouble for the future unless they are sue- cessfully remedied. That man was never yet cheated, who knew he was cheated, and yet was perfectly satisfied. That man was never yet defeated in a law- suit, who felt pleased and complacent when he was absolutely certain that his defeat was due to a dishonest jury or a weak, incompetent or dishonest judge. The instinet for fair play has been planted by the God of Justice deep in the heart of every man, no matter how mean his station or humble his rank. and when the instinct is thwarted, when the body of our citizenship are fully aware that there is dishonesty in courts and legislative halls, the punishment will be swift and it will be effective. It takes the people a long time to become thoroughly aroused. but when once the common sense of the whole community is aroused, something must give away. Public opinion is slow in action, but swift in execution. It breathed upon the crime of slavery, and slavery vanished like a foul mist before the King of Day. It suffered long under the misrule of Boss Tweed and his cohorts in New York; but. one day, it arose in its might and the King of the Metropolis dies disgraced, in fetters in a felon's cell.
Now, my friends, I am not here on this great day of rejoicing to drape your horizon in black ; to give you pessimistic views of things, but we are here to take note of the future. to see how that future may be brightened, to make our generation better than any generation ever was before, and we can only do this by discovering where are our weak points and how they may be strength- ened; and on this occasion, when we are laying the corner stone of a new Temple of Justice, it seems to me the best and most important lesson is to see in what respect our judicial system may be strengthened and improved.
Now, if you have thoughtfully considered each one of the evils I have re- counted to you, you will have noticed the trouble has been, not with the system, but with the persons by whom that system must be worked out. Our sys- tem of giving evidence in court, the oath which is administered to the witness, and the punishment prescribed for perjury, are all the best than can be de- vised. The trouble is with the persons who take the oath and who violate it, with the dishonest litigants and lawyers who suborn those witnesses to swear falsely, with the weak and incompetent prosecuting attorneys and judges who fail to punish perjurers when their perjury is palpably apparent.
The jury system is perfect in theory; the trouble is with the jury com- missioners and other like officers who put ignorant and dishonest men upon the panels; with the judges who allow these ignorant or dishonest men to sit as jurors; with the jurors who are swayed by passion and prejudice, or who take bribes as the price of their verdicts; with the dishonest litigants who offer those bribes, either directly or indirectly ; with the prosecuting attorneys and judges, to whom these indications of bribery are so manifest, and yet who weakly re- fuse to set in motion the grand jury, or other means provided by law for punishing dishonesty.
Our system of electing legislators, and passing laws is perhaps as good as can be devised; the trouble is with the dishonest legislators, and those who cor- rupt them, and with the weak and incompetent judges and prosecuting attor- neys who fail to investigate cases where bribery is suspected. The fault is not with the system, but with the persons who abuse the system; and the les- son to you and me, my friends, on this momentous occasion, is not, how shall
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we reform the systems, but how shall we reform the persons, to whom we en- trust the carrying out of these systems?
This can only be done by the aggressive, persistent action of every honest man and every honest woman. So long as the dollar is deified and no questions are asked as to how that dollar has been acquired, so long as success is wor- shipped and men's eyes are tightly closed to the means by which that success has been attained, just so long will unscrupulous men continue to do the wicked things which we deplore. There is no force, save that of Diety Himself, which is so potent as that of enlightened determined public opinion. Thrones have crumbled before it; statutes and constitutions derive their binding force from its powerful sanction. It will cleanse public places when, without it, press and pulpit may plead in vain for the cleansing. To it, when thoroughly in- spired with earnest purpose, the greatest autocrat must bend the suppliant knee. From it, when inflamed with righteous wrath, the most strongly in- trenched political scoundrel will flee in trembling haste.
Suppose the glib perjurer should be arrested on a bench warrant for his perjury as soon as he leaves the witness stand, and should be brought to speedy trial for his false swearing. Do you think he or those who knew of his case would repeat the offense? Suppose the suborner of perjury should be brought to swift and sure punishment. Would not the subornation of perjury soon be- come a very unpopular method of winning lawsuits? Suppose the weak judge and the spineless prosecuting attorney realized that their constituents were watching their failure to prosecute, and that those constituents despised them for it, and would show their disapproval in no uncertain tones at the next elec- tion. Would not the official be speedily rendered more ardent? Suppose that the members of legislative bodies should feel that every suspicious vote would be examined by a watchful constituency, that any suspicion of bribery would be promptly examined by the proper authorities and that criminal prosecutions would be instituted should there be a fair prospect of conviction. Suppose they were given to understand that their official record was as fragile as a woman's reputation, and that the slightest breath of suspicion would blast it forever. Would there not be a speedy stiffening up of official backbone and a sudden and tremendous awakening of official consciences?
I tell you, my friends, the men and women of every community have its official honesty and ability in their own keeping. If every man, by his voice and by his vote, should sternly rebuke official wrongdoing wherever he sees it, and, besides, should vigilantly scrutinize the official action of the public servants to see whether it meets his conscientious approval; if every woman, instead of blindly worshipping the possessors of wealth, should closely scrutinize the methods by which that wealth has been acquired, if she should refuse to honor with her friendship any person, rich or poor, the history of whose life is not clean and the pedigree of whose dollars is not stainless, the future of our offices and officeholders, the honor of our government and the purity of our judicial ermine would be safe.
This, then, is the lesson of this day. The kind of official action which will emanate from the walls of this new building will depend upon the character of the citizenship of this county. The stream never rises higher than its source and public servants are seldom more virtuous than their masters.
We lay here to-day something besides a mere material block of senseless stone. We also commence to erect an unseen but none the less substantial tem- ple of human character, which is more stable than the strongest ramparts the cunning workmanship of man can build. In the unseen structure every man and woman of this county must fill his own place. We lay its invisible corner
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stone on the broad foundation of respect of law. We bind it fast to the bed- rock of liberty with the binding cement of love for our fellows and justice in our dealings with them. We dedicate it to the great God above, whose gov- ernment is mercy and peace, wisdom, justice and righteousness.
The watchful care of this community will attend the erection of the ma- terial building. The welfare of the unseen structure rests upon the heart and conscience of every man and woman in this county. If they have lighted the altar-fires of consecration to the duties of citizenship, the future of the county is safe.
"Build to-day, then, strong and sure With a firm and ample base, And, ascending and secure, Shall to-morrow find its place."
When completed, may this building be a veritable Temple of Justice. Here may the important business of the county be carefully and honestly transacted. May no spot soil the ermine of the judges nor stain mar the verdict of the juries within these walls; but may evenhanded justice be promptly and fear- lessly administered. May wrongdoing here meet swift and condign punish- ment, and honesty and virtue receive their just reward. Here may wisdom here find her welcome home and the revolving years see naught by the purest good issue from these walls.
The ceremonies attending the laying of the corner stone of. Van Buren county court house were now at an end and the vast multitude of Van Buren county's citizens dispersed.
This report is respectfully submitted and signed by the building committee.
W C WILDEY, E A CHASE,
P J DILLMAN, GEO T WABER,
CHAS W BYERS, Building Committee.
COST OF PRESENT COUNTY BUILDINGS
The new court house was first occupied in February, 1903, the first case tried in the circuit court after such occupancy being an action for damages begun by William Culver against the South Haven & Eastern Railroad Company for damages on account of the loss of both legs by being drawn beneath the wheels of a freight car, and which became a cause celebre in the state, resulting, after every legal recourse was exhausted by the railroad company and its surety, in a judgment in favor of the plaintiff for the sum of $25,000, which was eventually paid.
At a session of the board of supervisors held on the 9th day of February, 1903, the contractors submitted the following itemized bill which was allowed and ordered paid :
Contract price for court house . $54,500.00 Contract price for jail 22,700.00
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HISTORY OF VAN BUREN COUNTY
COUNTY JAIL AND SHERIFF'S RESIDENCE, PAW PAW
COUNTY HOUSE, HARTFORD
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Finishing entire basement of court house complete and
placing tile roofing on court house and jail instead of slate $3,000.00
Changing cornice and other galv. iron work on court
house and jail to 16 oz. copper. 3,175.00
Wiring basement duct and attic C. II. 200.00
4479 lbs. galv. iron pipe ventilating attic court house and jail at 20c put up. 895.80
Cove base for marble wainscoting
175.00
Extra foundation in jail 22 perch, excavating included at $3.00
66.00
Carving bust
25.00
Lowering coal and boiler room.
900.00
Changing iron door from register of deeds office to new court house
11.50
Carving gables
250.00
One dry well and connections from cistern at jail. 33.00
Oiling floor 37.50
Building cistern, dry well and connecting same C. H .. .
195.00
Building wall and finishing same, public toilet closet base- ment court house
87.00
Putting in cement steps jail to duct.
11.50
Building stone porch, jail 235.00
Marble thresholds 100.00
Extra work on mantels.
50.00
Extra. copper globe ventilator on west side court house ..
35.00
Enlarging one on east side 20.00
Building new stack complete 971.50
Cutting strips in floor account gas pipe 37.50
Copper ventilator in jail, complete. 273.00
Taking down and rebuilding boiler room smoke stack ..
220.00
Lettering corner stone
35.00
Speaking tube from clerk's office to judge's desk
15.00
Lumber for judge probate's platform desk.
4.40
Five steel shutters put up complete, basement
125.00
Changing food opening in jail 20.00
Changing juvenile female hospital cell and cutting addi- tional slots in wall. 50.00
Drilling holes for clock dial.
20.00
Extra for gilding iron stairways and railings and railing around well hole 43.50
One cess pool for sewer connection.
25.00
Piping and heating basement court house, plumbing and urinals, bronzing radiators, painting pipes, etc. 688.12
Building duet from court house to jail 1,400.00
Total $90.630.32
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This sum included only the cost of the unfurnished buildings. The furniture cost $5,000, the architect was paid $600 and the site cost about $10,000, in addition to which was the expense of electric lighting, water works, sewers, grading of the court house yard, putting down cement walks and other miscellaneous and un- avoidable items which made the total cost of the new buildings and their surroundings about $120,000.
For many years Van Buren had been pointed out as having about the poorest public buildings of any county in Michigan, but she then became possessed of one of the finest and most up-to-date court houses and jails in the state, and which are excelled only by the public buildings of some of the larger cities. And not a hint of graft or tinge of dishonesty attached to anybody or any- thing from the time the plan was originated until all was com- plete, which is more than can be said of the construction of many public buildings.
And the county seat war in Van Buren county is forever ended and while some were disappointed, which was inevitable, all are proud of the new buildings and the prestige which they give the county as being one of the front-rank counties of the Peninsula state.
The old court house, removed from the proud position it once occupied, stands on the main street of the village reduced to the humble status of a feed and seed store. It is likely to last many more years, a testimonial to the substantial manner in which the buildings of a former generation were constructed. The old jail, removed to another street, has been converted into a dwelling and boarding house. What harrowing tales it could relate, if it were endowed with a voice to utter them !
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CHAPTER VII
BENCH AND BAR
STATE SUPREME AND CIRCUIT COURTS-COUNTY COURTS-FIRST CIRCUIT JUDGE-SUCCESSORS OF JUDGE RANSOM-JUDGE FLA- VIUS J. LITTLEJOHN-THIRTY-SIXTH CIRCUIT CREATED-PROBATE JUDGES-VAN BUREN COUNTY BAR.
The first constitution of Michigan vested the judicial authority in a supreme court and such other courts as the legislature might from time to time establish.
The judges of the supreme court were nominated and appointed by the governor, by and with the advice and consent of the senate. This court consisted of one chief justice and three associate jus- tices. Their term of office was seven years. The terms of this court were held at different places, as follows: Twice a year at Detroit, twice at Ann Arbor, once at Kalamazoo and once at Pontiac. When in session at Kalamazoo the supreme court exercised ap- pellate jurisdiction in all cases originating in the counties of Branch, St. Joseph, Cass, Berrien, Van Buren, Kalamazoo, Cal- houn and Allegan.
CIRCUIT COURTS
This constitution also provided for a separate court of chancery, the powers and authority of which were vested in the chancellor. There were three chancery circuits in the state, Van Buren being in the third circuit, together with the counties of Branch, Cass, St. Joseph, Berrien, Kalamazoo, Kent, Ionia and Allegan. The sittings of this court for the third circuit were held twice each year, at Kalamazoo.
The state was further divided into four judicial circuits for the purpose of holding the circuit courts. The statute provided that each of the justices of the supreme court, twice in each year, should hold a term of circuit court in each of the counties designated in his appointment, with this peculiar exception, that in certain counties (Van Buren among the number), a second term need not be held "unless the sheriff and county clerk of any or either of said counties shall, at or before the time fixed by law for the
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drawing of jurors, determine that it is necessary." While holding the circuit courts, the supreme justices were by statute designated circuit judges.
In 1848 the legislature increased the number of judges of the supreme court to five and directed them to divide the state into five circuits, and again, in 1851, the number of circuits was by legislative act increased to eight in number, Van Buren being in the fifth circuit with Calhoun, Kalamazoo, Eaton and Allegan.
In 1867 a partial reorganization of the judicial circuits of the state took place, the number being increased to fourteen and the counties of Allegan, Van Buren and Kalamazoo being placed to- gether in a circuit numbered as the ninth. This arrangement con- tinued until 1873, when a new arrangement of circuits was made, Allegan county being placed in another circuit (the twentieth), leaving Kalamazoo and Van Buren as the ninth. In-so-far as Van Buren county is concerned that arrangement continued until 1899, when it was joined with Cass county, the two composing the thirty- sixth circuit. The number of circuits in the state has been in- creased from time to time as the population increased until at the present time there are thirty-nine circuits in the state.
The constitution of 1850 made the circuit judges elective and provided that for a term of six years, and thereafter until the legislature should otherwise provide, the judges of the circuit courts should constitute the supreme court of the state. In 1857 the legislature enacted a statute creating a supreme court, to con- sist of one chief justice and three associate justices, entirely sep- arate and distinct from the circuit court, the office of justice of such court being made elective. This system still continues, ex- cept that the number of justices has been increased to eight, the one whose term of office soonest expires always filling the position of chief justice.
The circuit courts, as at first constituted consisted of the pre- siding supreme court justice and two associate judges by the voters of each county, but who were more ornamental than useful, for the decisions of the presiding judge were invariably coincided in by his associates on the bench.
The revised statutes of 1846 contain the following provisions : "The several circuit courts of this state shall be courts of chancery within and for their respective counties, the powers of which shall be exercised by the circuit judges thereof."
"The court of chancery as now established by law is hereby abolished."
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COUNTY COURTS
Prior to the adoption of the constitution of 1850, there was also a county court in each county, which was a court of record with limited jurisdiction, being an intermediate court between the jus- tice courts and the circuit courts, but that constitution provided that "The judicial power is vested in one supreme court, in cir- cuit courts, in probate courts and justices of the peace. Municipal courts of civil and criminal jurisdiction may be established by the legislature in cities," and such has continued to be the judicial system of the state. The date when the constitutional provisions concerning the changes made in the judicial system should go into effect was fixed in the schedule of the then new constitution as Jan- uary 1, 1852.
The bar of Van Buren county has always been composed of men who were an honor to their profession and seldom, indeed, has there been any just cause for criticism, either as to ability, probity, or faithfulness to the ethics of the profession.
The men who have sat upon the judicial bench of the county have been men who were learned in the law and who have been an honor to themselves and a credit to their constituents.
FIRST CIRCUIT JUDGE
The first judge to hold a circuit court in Van Buren county was Hon. Epaphroditus Ransom, who was subsequently governor of Michigan, having been elected to that office at the general election in 1848. The first entry made upon the journal of the court was made on the 6th day of June, 1837, and reads as follows:
"State of Michigan, Van Buren County, ss .: Be it remembered that at a session of the circuit court of the state of Michigan, within and for the county of Van Buren, begun and held pursuant to law at the court in La Fay- ette in said county on the first Monday (being the sixth day) of June, in the year of our Lord, one thousand eight hundred and thirty-seven; present Hon. Epaphroditus Ransom, Cir. Judge, Wolcott H. Keeler and Jay R. Monroe, Esqrs, associate judges.
"The grand jury being called, the following persons appeared and answered to their names, to-wit: Peter Gremps, Jeremiah H. Simmons, Joseph Woodman, Rodney Hinckley, Joshua Bangs, Edwin Barnum, John Reynolds, John D. Free- man, George S. Reynolds, Dexter Gibbs, Joseph Luce, Asa G. Hinckley and Enoch L. Barrett.
"Peter Gremps was appointed by the court as foreman of this grand jury and authorized to issue subpoenas for and to administer oaths to witnesses. The grand jurors having been sworn and having received the charge of the court, retired to consider the business before them.
"The grand jury having been a short time absent, came into court and in- formed the court that they had no business before them and knew of none for
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their consideration; whereupon they were discharged from further attendance at this term of court.
"Rule-Ordered by the court that in all cases now pending in this court and not at issue, declaration shall be filed within forty days from the present term and pleas within forty days from the time limited for filing declaration, and all causes appealed from the judgment of justices of the peace shall be deemed at issue at the first term after the appeal so taken, unless otherwise ordered by the court in particular cases.
"There appearing to be no further business, the court then and there ad- journed without day.
"Read, corrected and signed in open court this sixth day of June, 1837. "EPAPHRO. RANSOM, "Presiding Judge."
Judge Ransom's signature being rather unusually long, it was his custom to abbreviate his Christian name to "Epaphro."
The files and records of the court, prior to 1844, are so imperfect and incomplete that it is impossible to ascertain the titles of the first suits that were begun, either law, criminal or chancery.
The first civil case tried in the circuit court was at the Decem- ber term, 1837, and was an appeal from the justice's court (Robert Nesbitt, plaintiff, and George S. Reynolds, defendant), in which the jury rendered a judgment of sixteen dollars and forty-two cents with costs, to be taxed in favor of the plaintiff.
The first criminal case tried was that of the People vs. Nathan Mears, at the same term of court, the respondent being charged with assault and battery. The jury in this case returned a verdict of "not guilty."
Judge Ransom continued to preside over the circuit court of the county for the first ten years of its existence, his last term be- ing held in April, 1847.
SUCCESSORS OF JUDGE RANSOM
The next term of the circuit court for the county was held in March, 1848, and was presided over by Hon. Sanford M. Green, as- sociate justice of the supreme court of the state. Judge Green is best remembered by the legal profession as the author of "Green's Practice," a work that was of great value in its day to both bench and bar, and which has recently been revised and brought down to date.
Three terms of the court were held during the years 1849 and 1850, at which Judge Charles W. Whipple, circuit judge and as- sociate justice of the supreme court presided. Judge Whipple was the first speaker of the house of representatives of the state after it was admitted into the Union. Very little legal business was transacted, either by Judge Green or Judge Whipple.
In-so-far as the journal shows, there was no session of the circuit
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court during the year 1851, the next entry after the close of Judge Whipple's record, October 3, 1850, being on the second day of March, 1852, when Judge Abner Pratt, another associate justice of the supreme court, began his administration as judge in the Van Buren circuit and continued to officiate in that capacity for the succeeding five years.
Judge Pratt was succeeded on the circuit bench of the county by Judge Benjamin F. Graves, who was elected to office of circuit judge by the electors of the fifth judicial circuit, to which Van Buren was at that date attached. Judge Graves' bold signature, characteristic of the man, adorned the records of the court for the next nine years, he being re-elected in the spring of 1863 for another six years but resigned before the expiration of his term of office. Judge Graves was a man of much more than ordinary ability and the people of the state, recognizing that fact, promoted him to the supreme bench in the spring of 1867, where he became known to fame and to the legal profession throughout the entire country as one of the "big four" of the Michigan supreme court, which was composed of Justices Graves, Cooley, Christiancy and Campbell. Judge Graves was succeeded on the circuit bench by Judge George Woodruff, who was elected at a special election held July 14, 1866, to fill the vacancy caused by the resignation of Judge Graves.
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