History of Livingston County, Michigan, with illustrations and biographical sketches, Part 6

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From the time when the county-site was estab- lished at Howell, in 1836, a determined opposition to the location had been developed, and strong efforts were made to secure its removal. This project was brought before the Legislature at the session of 1837, and was met and defeated by the remonstrance of F. J. B. Crane (the proprietor of the original plat of Howell) and a large number of other signers. The agitation for changing the location of the seat of justice continued, however, unabated (and in fact rather increasing) for a number of years, and took the form of a project to enlarge the county, by taking in a part of Oak- land; thus to bring Brighton nearer the territorial centre, and cause the county-site to be located at that village. This agitation had the effect of causing the defeat of all attempts to raise money by taxation for the erection of county buildings under the provisions of the acts of 1837 and 1838.

The site on which the court-house and public offices now stand was not included in the limits established as the county-site in 1836. Within those limits Mr. Crane had laid out and donated a square of ground (still known as the " old public square") for the purpose of the erection of county buildings, and at the time of its laying out there seemed no reason to doubt that when such build- ings were erected they would be located on that square. Influences were afterwards brought to bear, however, which secured the passage of an act (approved March 20, 1841) providing "That the limits of the present county-site of the county of Livingston be, and the same are hereby, so extended

as to embrace the west half of section thirty-six, township three north, of range four east ; and that the county commissioners* of said county be, and they are hereby, authorized to erect, in conformity to law, county buildings on the site they shall deem most eligible on the said described land ; provided the owners of said land shall convey to the county by a good and sufficient title, free and clear from all incumbrance, four acres of land for the site that shall be so selected." The tract thus added to the limits within which the site for county buildings might be located joins the original (Crane and Brooks) plat on the north and east, including all that part of the west half of the section not embraced in the plat .; It was from the lands em- braced within this extension that the present court- house square was selected. It includes a part of the northwest, and a part of the southwest quarter of section thirty-six, and was conveyed to the county in 1842 and 1843. The chain of title is as follows: The part lying in the southwest quarter was entered from government, December 3, 1833, by John D. Pinckney for Alexander Fraser. On the second of July, 1835, Alexander Fraser deeded to Alexander D. Fraser, trustee for Edward Brooks and Charles G. Hammond, both of Detroit. On the twenty-third of October, in the same year, it was conveyed back to Alexander Fraser, and on the twenty-fourth of the same month John D. Pinckneyt and Alexander Fraser conveyed an

* From 1838 to the spring of 1842, a Board of County Commis- sioners exercised the powers which before and since that period have been vested in the Board of Supervisors. At a meeting of this Board of Commissioners held in the spring of 1841, they re- solved " that there shall be levied on the county of Livingston, in October next, a tax of two thousand dollars for the purpose of building a court-house in the village of Howell;" but on submit- ting the question to the voters, the result was the same as in pre- vious years.

+ The original plat covered the west half of the southwest quarter, and the southwest quarter of the northwest quarter of the section ; so that the extension made by the act of March, 1841, included the east half of the southwest quarter, and the east half and northwest quarter of the northwest quarter.

į As having reference to a question which appears to have arisen in later years as to the perfection of the title from Mr. Pinckney, the following transcript from the record of the Board of Supervi- sors under date of January 14, 1863, is given, viz. : " The com- mittee on the claim of Mrs. John D. Pinckney to the lots occupied by the county buildings reported as follows: Your committee, ap- pointed to inquire of Almon Whipple and others about the claim of Mrs. Pinckney to the lands on which the county buildings stand, find that Mr. Pinckney located the lands and then deeded them to Cowdrey, but his wife did not sign the deed. Cowdrey deeded the lands to the county. Now we find that Mrs. Pinckney has quit-claimed to John Cummiskey, William McPherson, S. F. Hub- bell, Mylo L. Gay, John H. Galloway, William Melvin, V. R. T. Angel, Z. H. Marsh, Almon Whipple, Joseph M. Gilbert, Edward F. Gay, William B. Smith, F. C. Whipple, F. Wells, and William Riddle. Your committee would recommend that the county treasurer pay the above persons the sum of twenty- five dollars on

COUNTY-SITE AND COUNTY BUILDINGS.

undivided half of the property to Samuel Cow- drey, trustee for George R. Decker, and the remain- ing half to Peter A. Cowdrey. On the fifth of Sep- tember, 1836, Decker deeded his interest to Peter A. Cowdrey, who thus became sole owner. On the first of November, 1842, Peter A. Cowdrey con- veyed to the Supervisors of the county of Liv- ingston that part of the square lying within the southwest quarter of the section, with a provision for its reversion if not used for the erection of county buildings.

That part of the square lying within the north- west quarter of the section was embraced in a tract entered from government by Moses Thompson, May 15, 1834, and by him conveyed to Edward Thompson, by deed dated May 13, 1839. On the third day of October, 1843, Edward Thompson con- veyed to the Supervisors of Livingston County all that part of the square lying in the northwest quarter of the section, with condition of rever- sion to the grantor or his representatives if not used, or when ceasing to be used, for county buildings.

At the annual meeting of the Supervisors, Oc- tober 19, 1843, it was

" Resolved, As the opinion of the Board of Super- visors of the county of Livingston, that the subject of the erection of county buildings has become one which commends itself to the serious consideration and de- cisive action of the citizens of the county.

" Resolved, That the extra expenses to which the county is yearly subjected for want of such buildings, and which is believed to be from two to three hundred dollars per year, together with the unavoidable incon- venience, as well as the serious risk which the public is constantly incurring of an entire destruction of the records of the county by fire, or other accidents, are believed by the Board of Supervisors to show the absolute necessity of having such buildings."

" Resolved, That in consideration of the fact that, as the law upon the subject now stands, the Supervisors are prohibited from levying a tax for such purposes, they would respectfully recommend that petitions be at once circulated among the tax-payers of the county for signatures, praying the Legislature of the State to enact a law authorizing the Board of Supervisors, at their discretion, to levy a tax for such purposes."

A bill, such as proposed by the Board, was in- troduced in the House of Representatives by the

their making and executing a good quit-claim deed of conveyance of the lands on which the county buildings stand, embracing the public square ; all of which we most cheerfully report to your honorable body for further action.

" F. WEBB, "O. B. CHAMBERS,

" HOWELL., January 6, 1863.

Committee."

Hon. Ralph Fowler, and was passed in that body in 1845, but not being supported by Hon. E. M. Cust, then in the Senate, it was defeated.

It appears that in the summer of 1845 the Su- pervisors had fully made up their minds to proceed to the erection of a court-house and jail, believing themselves empowered to do so by the affirmative result of a vote then recently taken at the several township-meetings. The Board appointed a build- ing committee composed of George W. Peck, of Brighton ; Odell J. Smith, of Howell; James M. Larue, of Putnam; Ralph Fowler, of Handy; and Jairah Hillman, of Tyrone; which committee, on the ninth of June in that year, advertised that they "will receive plans, specifications, and proposals for the erection of the county buildings contem- plated to be built at Howell, in said county, at their respective places of residence until the sec- ond Monday of October next ; the said buildings to consist of one or more edifices of brick or wood, comprising the court-room, jail, and accommoda- tions for the several county offices." What plans, specifications, and proposals (if any) were received by this committee does not appear.

At the annual meeting of the Supervisors in October, 1845, it was resolved by that body, that, " Whereas doubts have arisen as to the legality of any tax for the erection of county buildings based on the vote of the people of the county at the late township-meetings, the Board, under advice of counsel, regard it as inexpedient and unsafe to levy the same." No further action, therefore, was taken at that time, except the offering of fifteen dollars for the best, and five dollars for the second best plan of a court-house, and the ordering of the publication of that offer for two months in the Livingston Courier.

At the same time a committee appointed to contract with Enos B. Taylor for the use of rooms for the court and jury, reported that they had con- tracted with Mr. Taylor for the same at eighty dol- lars per year for three years. The report was accepted and adopted.

At the session of 1846 the Legislature of Michi- gan passed " An Act to provide for the Erection of County Buildings in the County of Livingston." This act (approved February 18th) provided :

SEC. I. "That the Board of Supervisors of the county of Livingston and their successors in office be, and they are hereby, authorized and empowered to erect county buildings for the use of said county.

SEC. 2. " For the purpose of carrying into effect the provisions of this act, the said Board of Supervisors is authorized to levy on the taxable property of said county, from time to time, such sum as they may decm ag they may dech Hosted by

HISTORY OF LIVINGSTON COUNTY, MICHIGAN.

necessary, not exceeding three thousand dollars in any one year ; any law to the contrary notwithstanding.

"This act shall take effect from and after the second Monday of April next."

On the second of June, 1846, a special meeting of the Supervisors was held, and the Board re- solved to levy a tax for the erection of county buildings, to the amount of two thousand dollars annually, for two successive years, and in the third year to raise such sum (not exceeding two thou- sand dollars) as necessary to complete the build- ings ; and a committee was appointed to report a plan. A plan drawn and furnished by Mr. Justin Lawyer was adopted, and on the following day the Board

" Resolved, That the outside walls of the court- house building be made, the foundation, of stone, to be sunk in the ground two feet, and to be raised three feet above the surface, and to be three feet thick ; the first story to be twelve feet high, made of brick wall twenty inches thick, with brick columns [pilasters] pro- jecting four inches ; the wall of the second story to be sixteen feet high and sixteen inches thick, of brick, with same columns as the first story, and the columns to extend up to the frieze, with suitable brick cap ; the wall of the gables to be twelve inches thick."

It was also

" Resoived, That a belfry be erected on the court- house suitable to place a bell in, provided the people of Howell and others shall raise a sufficient sum to purchase a suitable bell" ; and the people of Howell were also granted " the privilege to break up, grub out, grade, fence, and seed down the public square in the village of Howell, and to set out such shade-trees as they shall think proper for the ornamenting of the said square."

At their meeting, held on the tenth of August, 1846, the Board resolved to let the contract for the court-house and jail building to Cyrenus Hall, for five thousand six hundred dollars, and Messrs. Bradford Campbell, Smith Beach, and Gardner Wheeler were authorized and directed to close and execute the contract. The negotiations with Mr. Hall came to naught, however, and a contract was made with Enos B. Taylor, and confirmed by the Board, October 12; Mr. Taylor's sureties being Almon Whipple, William McPherson, Derastus Hinman, and Richard P. Bush.

Mr. Taylor commenced work on the building in the fall of that year, and payments to a consider- able amount were made to him during the winter and spring following, but it was not completed until late in the fall of 1847. The Board of Super- visors, at their meeting on the thirteenth of Octo- ber, authorized the building committee to accept

the building (in case it should be completed before their January meeting), to insure it, and to deliver the necessary amount of bonds to Mr. Taylor in payment of his contract. And at the meeting of the Board, held on the third of January, 1848, the committee reported that the building for the court- house and jail had been completed, and that they had accepted it from Mr. Taylor. The stuccoing of the exterior of the building was not included in Mr. Taylor's contract, but was contracted for with Barsley Mount, for three hundred and twenty-eight dollars, and was done in September, 1848.

Immediately after the completion and occupation of the court-house building, the Board of Super- visors resolved that permission be given to the sev- eral religious societies which had no meeting- houses (which was then the case with all, except- ing the Presbyterian) to hold religious worship in the court-room; and the Methodist, Baptist, and Congregational societies availed themselves of this privilege until provided with church edifices, though dissatisfaction occasionally arose at what some of the societies regarded as unjust discrimi- nation or favoritism, and once or twice the propo- sition was made (but not acted on) to exclude all religious societies. The services of the Episcopal Church of Howell were also held there prior to their occupation of the Congregational meeting- house; and since the demolition of that building, Episcopal worship has occasionally been held in the court-room until the present time. Besides its uses as a court-house and jail, the building is also the residence of the sheriff of the county.

The first court in this court-house was held by the Hon. Josiah Turner as county judge, and he has, in that office and in that of circuit judge, pre- sided over the courts held in this building almost continuously until the present time. His court is now in session there, at the time of this writing, November, 1879.

THE PUBLIC OFFICE BUILDINGS.

The offices of the Clerk, Register of Deeds, and Treasurer of Livingston County were first located in the tavern-house of Amos Adams (afterwards known as the Eagle Hotel), at Howell, Mr. Adams himself being the first treasurer of the county, and Mr. F. J. B. Crane, the first county clerk, being domiciled at the house as a permanent boarder. Mr. Justus J. Bennett, the first sheriff of the county, had his office at Adams' at such times as his pres- ence became necessary at the county-seat,-which could not have been very often, as during the first year and a half of his term there was no court held in Howell, and his prisoners, if he had any, were taken to Ann Arbor for confinement. The

COUNTY-SITE AND COUNTY BUILDINGS.

office-quarters of Mr. Bingham, the judge of pro- bate, were probably in his own house at Green Oak,-and they certainly might as well be there as at Howell, for he did no probate business whatever during the time that he held the office.

On the northeast corner of the "old public square" in Howell Mr. Crane erected a small building in the summer of 1837. It was a one- story frame building of two rooms, and intended by him to be used as a private office; but into this the public offices of the county were soon after- wards transferred, it being at first rented and after- wards purchased by the county.

The following items from the record of the pro- ceedings of the County Commissioners and Board of Supervisors have reference to this old building and to the erection of the first clerk and register's office on the court-house square, viz .:

November 20, 1838, the County Commissioners resolved "to rent the building now occupied as Clerk and Register's office for one year, at ninety dollars, payable half-yearly."

April 21, 1842, the Supervisors authorized the Clerk to contract for the plastering of his office, and "to use it as he shall see fit, provided it does not interfere with the business of the county, nor injure the building." The county clerk at that time was Josiah Turner, who also transacted his professional business as attorney-at-law and master in chancery in the same office.

June 9, 1845 .- The Supervisors directed the Clerk " to clear the county offices [the buildings on the old square] of all property not belonging to the county or to the county offices."

October 15, 1845 .- " Resolved, That the Board give their consent to have the county building re- moved to the land appropriated for the use of the county buildings, provided it be done without expense chargeable to the county ; and that the clerk be authorized to superintend the same and make the necessary repairs." Under this authority, the " county building" was removed from its origi- nal site at the northeast corner of the old public square, and placed on or near the spot where the clerk's office now stands, in the court-house grounds.

January 3, 1849 .- The Board appointed William C. Rumsey and Spaulding M. Case a committee, "with power to procure the necessary materials, and contract for the erection of two fire-proof offi- ces for Clerk's and Register's offices ; the same to be in one building, one story high, of brick ; said building to be of the same general form of the Clerk and Register's office in Washtenaw County, and to be completed and ready for use before the first of October next." The cost of this build- 5

ing was limited to five hundred dollars. The Board further resolved "that the old building on the court-house square, occupied as Clerk and Reg- ister's office, be removed to some suitable place, to be selected by William C. Rumsey, on the vacant ground in the rear of the square." Under these resolutions the erection of the new " fire- proof" office building was let by the committee on contract to George W. and Frederick J. Lee ; and the old office building was moved to the rear of the square. The cost of its removal and grading the grounds was one hundred and twenty-nine dollars.

January 8, 1850 .- The building committee re- ported to the Board the completion and acceptance of the new building. The price paid to the Messrs. Lee was, contract, four hundred and ninety-eight dollars ; extras, forty-seven dollars and twenty cents. Total, five hundred and forty-five dollars and twenty cents.

October 18, 1850 .- Elijah F. Burt was appointed a committee to sell the old office building and contents. He reported an offer of forty-five dollars from William B. Smith. The Board recommended that the offer be accepted. The building was sold and removed from the square, and is now standing on the south side of Grand River Street, in How- ell, a short distance east of the Rubert House. The Clerk and Register's office building, erected, as above shown, in 1849, and demolished in 1873, was of similar construction, and about the same in size and general appearance as the old office build- ing now standing in the square, east of the court- house.

This old building, containing the offices of the Judge of Probate and County Treasurer, was erected in 1853. At the annual meeting of the Supervisors, in October of the previous year, the Board appro- priated five hundred dollars for the purpose of grading and fencing the square and building a treasurer's and a probate office, both to be included in one building, similar to the one then recently built for the Clerk and Register of Deeds; and a committee was appointed to prepare plans for the same.

January 3, 1853 .- The report of the committee was received and accepted, and R. P. Bush, F. C. Whipple, and L. D. Smith were appointed a build- ing committee. The contract was awarded to John B. Kneeland, who completed the building during the succeeding summer and fall, and it was accepted by the building committee in October, 1853. In the spring of 1854 its exterior was stuccoed (under supervision of Charles Benedict) to correspond with the office building on the west side of the court-house.

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HISTORY OF LIVINGSTON COUNTY, MICHIGAN.

THE NEW OFFICES OF THE CLERK AND REGISTER OF DEEDS.

On the 17th of October, 1873, the Supervisors' committee on public lands and buildings reported to the Board that the building containing the offices of the County Clerk and Register of Deeds was in so dilapidated a condition as to render it inexpedient to make further repairs upon it. And they recommended that the sum of one thousand dollars be raised for the construction of a new building for these offices and for repairs on the offices of the Treasurer and Judge of Probate.

The report of the committee was accepted and adopted, and the Board directed their chairman to appoint a suitable person to superintend the erec- tion of the proposed building, and to let the con- tract for its construction to the lowest responsible bidder. Under these instructions, Mr. Horace Halbert was appointed such superintendent of construction, and the contract was let to Messrs. Tunnard & Beardsley for the sum of two thousand five hundred and thirty-three dollars. The old building was demolished, and work on the new one was commenced immediately. It was com- pleted and occupied early in 1874; its total cost being about three thousand one hundred dollars, including the removal of the old building and some other matters, but exclusive of the · new safes, furniture, and fixtures which were put into it.

It is a neat and substantial structure,-one story, but of ample height,-and more than double the size of the old building. It affords good accom- modation for the offices of the Clerk and Register, and it is proposed to erect a similar building for the Probate and Treasurer's offices,-a project which will doubtless be carried into effect at an early day.

COUNTY POOR-HOUSE AND FARM.

Down to, and including the year 1870, the sys- tem in practice by the county of Livingston for the support of its poor was the granting of outside re- lief where such course seemed most proper and advisable, and the keeping of the more helpless poor, the insane and idiotic, by contract ; the place where these were kept being known as the poor- house, though not the property of the county. In their report for the year named (ending October, 1870), the majority of the Board of County Super- intendents of the Poor said: "And we would fur- ther confidently recommend the present mode of keeping the poor to be the best that can be adopted." But, on the other hand, a committee appointed by the Board of Supervisors to visit the poor-house, and inspect and report on the work-

ings of the system (the committee being com- posed of Charles Fishbeck, John Wood, S. B. Sales, John A. Tanner, and N. A. Smith) reported at the same time as follows:

"First,-That the poor are as well cared for by the present contractor as they can be under the present mode of caring for the poor; that they have plenty to eat, and a clean bed to sleep in, and seem to be well satisfied with their treatment.

"Second,-That the conveniences are not suit- able. We found them in a small room of about eighteen by twenty-two feet, which is occupied by the insane and sane, males and females, as sleeping-, sitting-, and dining-room. The house is a frame building, boarded up and down and battened, with- out plaster, which your committee would consider warm enough for warm weather, but too cold for winter. Your committee would respectfully recom- mend that there be a county farm purchased, not to exceed eight miles from the village of Howell, of not less than eighty nor more than one hundred and twenty acres, and that there be suitable build- ings erected on the same for the purpose of taking care of the poor and insane of Livingston County." This report was adopted by the Board, and on the third of January, 1871, a committee composed of the Supervisors of Green Oak, Unadilla, Tyrone, and Conway [representing the four corner towns of the county], "to go with the superintendents of the poor and examine and report to the Board, as soon as they can, the best farm in their opinion, without regard to the number of acres, as to in- clude stock, wheat on the ground, teams, and tools with said farm."

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History of Livingston County, Michigan, with illustrations and biographical sketches, Part 6

Author: Publication date: Publisher: Number of Pages: 617

Author:
Publication date:
Publisher:
Number of Pages: 617