USA > Michigan > Bay County > History of Bay County, Michigan, and representative citizens > Part 12
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Hardly had this organization been per- fected, when Saginaw and Midland protested the election as illegal, and for some months things were badly mixed in the valley. The collection of taxes and all proceedings in court were practically paralyzed. Litigants would start suit in Bay County, and if the judgment was against them would promptly appeal to
the Saginaw Circuit Court, claiming Bay had no jurisdiction and vice versa.
Thus matters drifted with clash of juris- diction and worse confusion, until even the most ardent separationists advised giving way and postponing the organization of Bay County until a more opportune time. But Judge Free- man stood like the proverbial stone wall. Dan- iel Burns was chargel by Dr. Dion Birney with having committed a perjury in Hampton township, June 29, 1857. Hon. John Moore, prosecuting attorney for Saginaw County, rep- resented the complainant, and Chester H. Free- man, prosecuting attorney for Bay County, was retained by Daniel Burns, who entered into the spirit of this test case with all the zeal he could command. Although all the leading lawyers in Michigan expressed the opinion that the act creating Bay County was null and void, Judge Freeman decided to carry this test case to the Supreme Court. Before going to this last court of appeal, he once more tried to get the Legislature to put Bay County on its feet. But the Saginaw and Midland represent- atives were as immovable as before. Then Judge Freeman tried a stratagem that nearly succeeded. He drew a bill, defining where the court should be held in the judicial district in which Bay City was situated which, had it become law, would have established Bay County at once as a separate organization. Here is the outline of the bill: "It is hereby provided that the circuit judge of the district in which Bay County is situated shall hold court in Bay City, in said territory, and shall hear, try, and determine all suits commenced in said circuit court in said territory, and all appeals to the same." The final section con- firmed jurisdiction in this territory! This bill met the approval of the Governor and of the Saginaw and Midland representatives and promptly passed the House on Friday. As
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the Governor had left the Capitol, and did not return until Monday, this bill was not signed; when about to sign, the Governor on reading it again before signing, recognized its force, called the opposing representatives' attention to it; as Messrs. Jerome and Ashnum wished to recall it, it was never approved. The Repub- lican party leaders at Lansing were not very anxious to create another new county, which they had reason to believe would be largely Democratic, and they hastened to put a quietus on the settlement's ambitions. So anxious were some of the local Democratic party leaders of those years to have Bay County recognized as a separate organization, that they promised to send Hon. James Birney as the first repre- sentative from this county, in case it was then recognized. This was not an idle promise, for Judge Birney soon after entered the State Sen- ate from this senatorial district.
The stalwart defenders of Bay County's interests never faltered in the face of these re- peated rebuffs. Realizing that there was no hope for the county in the Legislature, they turned resolutely to the courts for a settlement of their case. Chester H. Freeman and Stephen P. Wright prepared to carry the Birney vs. Burns suit to the Supreme Court, and they called in as assistant counsel Hon. William M. Fenton, of Genessee County. The defendant, Mr. Burns, through his attorney, Judge Free- man, filed a bill of abatement, alleging that "the said supposed offense, if any was com- mitted, was committed within the jurisdiction of Bay County, and not within the jurisdiction of the Saginaw Circuit Court." Upon this plea, issue was taken, and the case was made and certified to the Supreme Court, and was heard at the May term, at Detroit.
Judge Freeman had staked his reputation as a lawyer upon the result of this suit, and he prepared a full and exhaustive argument in the
case. Unfortunately the strain and worry over this case brought on a fever, so that at the very time the case was brought up, Judge Free- man was prostrated. Mrs. Freeman promptly gathered up all the papers in the case, together with Judge Freeman's arguments, and sent them all to Mr. Fenton, at Flint. The case had meanwhile attracted State-wide attention, as citizens of all the counties interested asked the opinions of various attorneys throughout the State. When Mr. Fenton reached Detroit, he was urged by some of the most prominent attorneys in the State to let the case go by de- fault, as he would only lay himself liable to ridicule and defeat. He was assured that not a single attorney, aside from Judge Freeman himself, had any faith in the case of Bay Coun- ty. Fortunately for Bay County, Mr. Fenton was an honest and fearless citizen, and he as- sured his advisers that he knew of points in the case which they overlooked, that he had prom- ised Mrs. Freeman to see the case through to the end to the best of his ability, and this he was now prepared to do. He had not gone far into the argument, before the listening jurists conceded that there was some plausi- bility to his line of reasoning, and before he closed many of the most eminent practition- ers became themselves convinced that Bay County had taken a perfectly legal and proper course under the circumstances. Seldom had any case aroused such wide-spread interest among the members of Michigan's bench and bar, and many were the arguments pro and con that May evening in the metropolis of the State, on the chances of the Supreme Court sustain- ing the little settlement on the Saginaw River. The case was submitted just before the close of court that afternoon, and Mr. Fenton and the few Bay citizens who had wandered up to Detroit to hear the case slept but little that night. At the opening of court next morning,
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the now famous decision was handed down, sustaining every contention of Bay County, and declaring the county duly and properly organized. The decision is found on page 114, 5th Michigan Reports, First Cooley.
A messenger who had been waiting for the decision for hours, started on a speedy horse to bring the news to Bay County, this being a faster route than coming by stage to Saginaw and by canoe down the river. But the news first reached here by the Detroit boat, which left shortly after the Supreme Court had ren- dered its decision. The progressive and enter- prising citizens who had never lost hope in the establishment of a new county, with the county seat in their midst, were naturally elated, and even the more easy-going and indifferent cit- izens came out of their hard shells long enough to take part in a genuine backwoods celebra- tion. Thomas Rogers and a corps of willing and muscular assistants, having no cannon to sound the glad tidings, hammered the old anvil until the welkin rang with the merry music. Old fowling pieces were brought forth, loaded to the muzzle, and their explosion sounded to the up-river settlers like a battle down the river. All the instruments of music and of noise were called into use, and good cheer flowed, as it only could flow, in an open-hearted and prim- itive community.
The venerable recorder of those far-reach- ing and exciting events reports in the quaint style of those years, that this cannonading did drown some of the sleepy ideas of some of the sleepy people of this infant city, and did awaken them to a realization that from their little ham- let there did lead a sure road to prosperity and wealth, did they but realize it, and try it out. "The glad news brought the people to their right senses! Since then the city and county have rushed along the rough track of building up and burning down, and rebuilding in more
substantial style." So far, General Partridge.
In view of events in recent years, one would almost believe that the effects of that early stimulant had worn off, that some of our able citizens have again wandered away from that vitalizing road that by the value of our natural resources must lead to prosperity and success. Verily we are dozing off again, resting on our oars, drifting with the tide, waiting with the stoical indifference of the original aborigine in- habitant of this region for something EASY to turn up. And to the south and east and west of us, more enterprising and wide-awake com- munities in Michigan were snatching from our slumbering brow the honor, prestige and busi- ness, of being the third city in Michigan. But happily for us, like our ancestors of 48 years ago, over many obstacles and seemingly im- passable barriers, we have pursued our court- ship; Wenona of old has won forever and ever the strong arm and devoted co-operation of the older community. Joined always together by the commercial ties created by the mighty Sag- inaw, it remained for the revival of 1905 to unite those which had ever belonged together. And just as the victory of Bay County in 1858 roused the slumbering energies and gave re- newed hope to the pioneers of Bay County, so let us strive to gain new hope, new life, new en- terprise, progress and prosperity from the united strength of the consolidated cities.
Certain it is, that this valley in 1858 at once assumed a place in the State it had not pre- viously occupied. The little settlement at once found a place on the maps of the country. Those already here sent the good tidings to friends in distant localities, and a stream of settlers was soon coming this way. Business and profes- sional men like to be in a county seat, and the new dignity of Bay City attracted some of the men who later did much for the city and county. The men already here felt the vitaliz-
WATER WORKS, Bay City, W. S.
ARBEITER HALL AND HOSE HOUSE, No. 6, Bay City, E. S.
W
CAPT. JAMES DAVIDSON'S DRY DOCK, Bay City, W. S.
BAY CITY FIRE DEPARTMENT, West Side Headquarters
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ing influence of the new spirit which seemed to animate everything and everybody, and the men of means, who often clung timidly to their cash, preferring to have it lie idle in distant banks, now called this vital spark home, to combine with the brawn and sinew of labor for the mutual benefit of both. New mills were erected. Stores were stocked with mer- chandise that at first seemed all out of propor- tion to the demand or needs of the rising com- munity, only to be exhausted within a few short months and requiring replenishing. That "business creates business" was proven on every hand. The money that one enterprising citizen put into circulation drew out the hidden gold of his neighbor. Fortunes were accumulated in the next 30 years in every avenue of business and trade. The wheels of trade, industry and commerce, stopped for many years by the panic of 1837, were again set in motion all over the country, and nowhere was this vitaliz- ing influence felt more keenly than in this "neck of the woods."
Bay City was advertised from ocean to ocean by this tenacious fight of a handful of men for recognition in the councils and the business of the great young State of Michigan. The rivalry between the older community at Saginaw and its robust offspring at the head of navigation began in earnest, and soon became a by-word throughout the country. However keen and strenuous that rivalry may have been and is now; however frequently it may have verged to a point where the rest of the State held its breath in anticipation of a general riot call, one thing this rivalry has always done for the valley : It has given us publicity and unlim- ited free advertising abroad. And since com- petition is the life of trade, and publicity its handmaiden, this keen rivalry has at least done as much as all other factors combined, to call the attention of the restless world outside to
the wonderful advantages of this valley of the Sauks, so blessed by Nature, and so well de- veloped by its pioneer sons. The first clash came when Bay wanted to set up housekeeping for itself, and through the indomitable spirit of its leaders, Bay won. Many have been the clashes between the vigorous old colony above the Carrollton sand-bar, and the vigorous set- tlement in the lowlands near Saginaw Bay, but the most far-reaching clash was that legis- lative and legal battle fought to a successful issue by the cohorts of Bay in 1858.
The county officials elected the previous June immediately took up their official duties, except William Simon, sheriff-elect, who had removed from the county ; B. F. Partridge was appointed in his place. The first meeting of the Board of Supervisors was held August 10, 1858. Hampton township was represented by Sydney S. Campbell and Williams township by George W. Smock. Judge Campbell was unanimously elected chairman and, by the same unanimity, Mr. Smock became the committee of the whole. It was also unaniously voted by these two supervisors, that the chairman was entitled to a vote on all questions coming be- fore the board. Suggestive of the times and the place was the first disbursement of the board, when they paid $88 to Indians for II wolf certificates, and $24 to pale face hunters for three wolf certificates. They also paid $70.43 for constable bills, indicating that the justice courts were grinding merrily, although the jus- tices' fees amounted to only $66.61. Some en- terprising citizen demanded $10 for posting election notices, but the board concluded $5 was enough for that service, which amount was allowed. They also allowed August Kaiser $I for boarding prisoners. Judged by that standard, the cost of living must have been trivial in 1858 in this settlement, compared to the accredited rates of 1905. While the set-
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tlement was still in its swaddling clothes, still the supervisors, after due diligence and impar- tial application of their tax yard-stick, found the assessed valuation to be $530,589, while their tax levy for the first year was $1,165. As one looks at the several pictures of Bay City and vicinity about that time, one would find it difficult to size up the property exposed to view at anything like the imposing array of figures, produced officially by that able two- man board. Evidently no one was overlooked, and every dollar's worth of property was made to pay its fair and equal share for the privilege of prospering with the prosperous and promis- ing young community. The county officials were not paid in accordance with their evident worth, but rather in strict accordance with the visible means of the county as then consti- tuted. The energetic prosecuting attorney, Judge Freeman, received the then princely sum of $50 per year for his public services, and the other officials were paid in proportion. The supervisors appointed E. N. Bradford, Israel Catlin and Jule B. Hart as superintend- ents of the poor, for verily "the poor ye shall have always with ye." The poor board held its first meeting October 10, 1858. The county treasurer's report showed that county poor or- ders to the amount of $78.14 had been paid, and $2.85 remained in the poor fund.
Things moved fast in the new county, and the two-man board was soon more than doubled by the creation of.new townships. In Febru- ary, 1859, Arenac was erected into a township, with Daniel Williams, N. W. Sillibridge and Daniel Shaw on the Board of Inspectors. Peter Marksman was elected supervisor, but being unable to act, M. D. Bourasso was appointed and became the third member of the board. A special meeting was called in March, 1859, when the board erected the township of Ports- mouth, with J. M. Miller, Appleton Stevens
and William Daglish on the first Board of In- spectors, and Appleton Stevens was elected supervisor. Shortly after, the township of Bangor was created, with Scott W. Sayles as the first supervisor chosen by the constituency then residing on the west bank of the Saginaw River. Dr. George E. Smith represented Hampton in the fall of 1859. He was chosen chairman of the board, then consisting of five members.
The election in November, 1858, brought about some changes in the county officials, the. successful ones being as follows: Nathaniel Whittemore, sheriff ; Thomas W. Lyons, clerk ; W. L. Sherman, circuit court commissioner ; T. W. Watkins, surveyor. Those honored with succeeding terms were as follows: Ches- ter H. Freeman, prosecuting attorney ; Thomas M. Bligh, register of deeds; James Watson, treasurer; Sydney S. Campbell, judge of pro- bate.
In the fall of 1858 a cheap wooden building for jail purposes was erected on what is now Sixth street, near Saginaw street. Sheriff Part- ridge did not have any vicious prisoners, for the shack would not have held them for a minute. This primitive bastile was destroyed by fire in 1863.
At the first meeting of the Board of Super- visors in 1858, the county seat was located in Bay City. The following year the enter- prising supervisor from Portsmouth nearly kid- naped the distinction from the larger settle- ment. When the aroused Bay Cityans heard of the invasion of their prerogatives in that smooth manner, they made a counter demon- stration and at the next session of the Board of Supervisors the county seat was restored to. Bay City.
The projectors and sponsors of Bay City had a fair idea of the probable trend of the county's development, when they set aside two.
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lots on Center avenue, where the Court House and County Jail are now located, for the pros- pective county headquarters.
The first case in the Probate Court of Bay County was the appointment of Michael Win- terhalter as administrator of the estate of Fred- erick Wintermur, deceased.
The Legislature in February, 1883, created Arenac County, taking most of its territory from Bay County, including the following townships, and in order to indicate their popu- lation we append with each the vote cast by each at the presidential election in 1880: Arenac, 63; Au Gres, 61 ; Clayton, 62; Deep River, 76; Lincoln, including the village of Standish, 80; Mason, 34; Moffatt, 31 ; Stand- ish,, 69; Whitney, 49. Arenac was organized by the supervisors of Bay County immediately after their organization in February, 1859, and was important at that time because of the lum- bering along the Rifle River. Au Gres was or- ganized by the same board in February, 1870. Its first supervisor was W. R. Bates, then a young attorney, later representing Bay in the House at Lansing, 1871-72, and in 1905 we find him United States marshal for Eastern Michigan ! Lumbering along the Au Gres River was its main industry while the township be- longed to Bay. Clayton township was also organized in February, 1870, while Deep River and Standish were organized by act of the Legislature in February, 1873, Moffatt and Mason by the Board of Supervisors in 1874, and Whitney was erected as a township on October 16, 1879.
On the first Monday in June, 1883, this offshoot of Bay held its first county election, naming men who for years had stood high in the counsels of their foster county. The fol- lowing were the first officers of Arenac Coun- ty: George Keeney, sheriff; P. M. Angus. treasurer; William Smith, register of deeds:
F. E. Carscallen, clerk; John Bullock, judge of probate; Larry McHugh, prosecutor. The last named official later moved to Bay County, served as county drainage commissioner for a term of years, and in this year of grace. 1905, this old soldier bobs up serenely as candidate for first justice of the peace of Greater Bay City on the G. O. P. ticket ! While Bay County thus lost nine townships by the simple stroke of a pen at Lansing, Bay City has never lost their business. Then, as now, Bay City was the mart for the residents of Arenac, and then, as now, Point Lookout on Saginaw Bay in Are- nac County was the most popular camping ground for Bay City folks during the heated season of midsummer. Many Bay Cityans have moved across the northern county line, creating new ties that still bind these good neighbors together. During the Encampment of the Grand Army of the Republic for North- eastern Michigan at Standish, September 14- 16, 1904, Company B, 3rd Infantry, M. N. G., of Bay City, 75 strong, were the honored guests of the Arenac County people at Stand- ish, camping on the Court House square. They were made to feel, as their hosts put it, that "they were right at home," for was not Bay County the "mother of Arenac"? And the greater the prosperity of Arenac County, the better will be the business of Bay City.
The first authentic figures on Bay County's population were secured in the United States census of 1860, when the county was credited with having 3, 164 people. The growth of the county is well indicated in the official census returns of the next 40 years. In 1864 the population of Bay County was 5,517; in 1870 it was 15,900; and in 1874, 24,832. The next 20 years were the booming years of the lumber industry, and the rural townships secured the overflow in the way of lumber camps, traders and settlers. The population in 1880 was
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38,081 ; in 1884, 51,221; in 1890, 56,412; in 1894, 61,304; and in 1900 Bay County had 62,378 inhabitants, with a total area of 437 square miles. This was the last Federal cen- sus. The State census in 1904 shows that Bay County contains 13,422 families, with 32,108 males, 31,340 females and a total population of 63,348.
Since the male population is found to out- number their fair sisters, we have one of the reasons why there are so few spinsters in Bay and why Cupid is so extremely busy. We find that 10,234 marriages have been performed in Bay County since the present license law went into effect, in 1894, and 587 marriages were performed in 1904.
The birth rate in this healthy valley has never given cause for complaint, and our virile race is growing nicely, with no signs of race suicide, so much mooted in the older and de- crepit civilization of the Far East. Bay County was blessed with 1,378 babies in 1899; 1,266 in 1900; 1,382 in 1901 ; 1,512 in 1903, and the last year found it difficult to overcome this en- couraging increase, but managed it by just one little "dumpling," the total births for 1904 being just 1,513.
These vital statistics still further prove that Bay County is a good place to live in, since Nature has been aided by man's ingenuity and industry, creating thriving farms amid the once malaria and mosquito-breeding swamps and lowlands, by reviewing the ledger that is the end of things, just as the births are the begin- ning. Since 1890 there have been 9,307 deaths in Bay County, of which number 968 occurred in 1904.
Since President Roosevelt has called public attention to the divorce evil, through his special message to Congress, in January, 1905, urging Congress to pass some general divorce law, be- cause some States are too lax in protecting the
sanctity of the marriage vow, it will be espe- cially interesting to note that despite Judge T. F. Shepard's endeavor to grant decrees only in worthy cases, where in his judgment both the individuals and the community would be better off, were the marriage ties severed, the list of divorces in Bay County,-the 18th Judicial Circuit,-grows constantly. Under the provis- ions of the law of 1897, 40 divorce cases were filed here in 1899, of which 19 were granted. In 1900, 56 divorces were started and 38 granted. In 1901, 62 divorces were asked for and 42 granted. 1902 showed the high-water mark for divorces in Bay County, as well as throughout the country. The reaction and re- vulsion of public sentiment, is plainly evident in the figures for the last three years. In 1902, 67 divorce suits were started and 54 granted ! In 1903 we find 80 pending; 55 were started, 4I were granted, I refused and I withdrawn. In 1904, 64 were pending, 65 were started, 32 were granted, I refused, 2 withdrawn, and 25 were contested and are pending, together with 39 others, where there is no contest! At this March term ( 1905) of the Circuit Court, Judge Shepard has refused one of the most conspicuous divorce cases, owing to the promi- nence of the contesting parties, the case being Moore vs. Moore, and in his finding he recites that their applications are based on such differ- ences as arise daily in the lives of married peo- ple, but are wisely passed over or adjusted, and might have been in this instance, resulting among other things in ruining the husband's dental business, and the wife's application as well as the husband's cross bill for divorce were refused.
Bay County, with its sons of many nations, has ever presented an interesting study for the statesman and the politician. A review of our popular vote for 47 years will show that while Michigan, the birthplace of the Republican
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party, has ever since 1854 stood with that party, Bay County until very recently voted with the minority. Here are the figures : 1858 .- For Governor : Wisner, R., 140; Stu- art, D., 270. Bay's first presidential vote came at the most critical juncture in the history of our country, when Abraham Lincoln held up the banner of the liberty-loving North, held in 1840 and 1844 by Hon. James G. Birney, of Bay City! Yet if we are to judge by the vote, Birney's work had been best appreciated away from home, for Bay gave the martyr, Abraham Lincoln, R., but 311 votes, to Douglas, D., 324! For Governor, Austin Blair, R., 306; Barry, D., 327. In 1862, Blair, R., 256; Stout, D., 390! Evidently the peace party had a strong following in Bay! In 1864, Lincoln received 462; General McClellan, D., 584! For Gov- ernor, Crapo, R., 460; Fenton, D., 586. By 1866 the war has been successfully ended, and many battle-scarred veterans are seeking this peaceful and prosperous valley to begin life anew in the realms of industry, in field, mill or factory, and the vote shows the impetus of these veterans, for, in 1866, Governor Crapo re- ceived 713 votes, to Williams, D., 737, and in 1868, General Grant carried the county for the first time for his party, with 1,176 votes, to Seymour, D., 1,081, while for Governor, Bald- win, R., received 1, 157 votes, to Moore, D., 1,098. In 1870, Bay showed signs of back- sliding, Governor Baldwin receiving 1,186 votes, to Comstock, D., 1,10I. In 1872, Gen- eral Grant polled 1,948 votes, to 1,270 for Horace Greeley, and 46 Prohibitionists went on record for their party faith, while Bagley for Governor received 1,943 votes to Blair, Lib., 1,341. In 1874, Governor Bagley lost the county by a vote of 1,742 to 1,943 for Chamberlain, D. By 1876 the reaction was complete, Gen. Rutherford B. Hayes receiving but 2,407 votes to 2,840 for Samuel J. Tilden !
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