USA > Michigan > Macomb County > History of Macomb County, Michigan > Part 51
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THE HATHAWAY ESTATE IMBROGLIO.
The Hatheway estate imbroglio, wherein Crockett McElroy was complainant, and James S. P. Hatheway, Cortez P. Hooker and Ichabod L. Quimby, defendants, began in October. 1871.
The lawyers. Edgar Weeks and E. F. Conely, represented McElroy: Messrs. Crocker and Huchins represented Hooker; and Lyman D. Norris and F. Uhl, of Grand Rapids, represented Hatheway and Quimby. The case was continued up to 1880, when the appel- lant appealed from the ruling of the Circuit Court here to the Supreme Court. The judg- ment given in the lower court was confirmed.
THE AIR-LINE SUIT.
The litigation between the Michigan Air-Line Railroad Company and Mellens and Tackels resulted in a verdict for the railroad company.
In 1877, the Mellens and Tackels brought an ejectment suit in the Circuit Court of this county against the Michigan Air-Line. claiming title to the depot lands at Romeo. The company then filed a bill in chancery to restrain by injunction the prosecution of that suit. and further claiming that the lands in question were purchased by Harvey Mellen, John N. Mellen and John Phelps (from whom Tackels derived title), in trust for the Mich- igan Air-Line Railroad Company. the grantor of the present company, and that Manag- ing Director McNaughton, in 1870. delivered to Harvey Mellen township aid bonds to the amount of $2.500, in payment of all claims for depot grounds and buildings. The de- fendants' answer denied the purchase as alleged, and set up the fact that the lands were purchased through an understanding and agreement with J. E. Young that they were to procure the land to themselves, and proceed and erect suitable buildings; and that the company, within two years, would reimburse them and grant them certain exclusive privi- leges for handling grain. Defendants further claimed that the bonds received by Harvey Mellen were not received by him in payment, but simply as an officer of the road to see if they could be used in payment of the expenditures made, and that upon the refusal of Tackels and John N. Mellen to so accept them, he reported the fact to the Board of Di- rectors. and that he would hold the bonds and account for them when the company might wish to settle with him for some $4,000 advanced by him (aside from the depot purchase) for the construction of the road. The present company thus claimed that the bonds should be applied in payment, and the defendants that they had not been so applied. The de- fendants further avowed their willingness to deed to the company upon fulfillment of the contract as they claimed it to be.
The bill for an injunction was argued before the Circuit Court in February and dis- missed.
The railroad thereupon appealed the case, with result as above stated. The lit- igation was a long and expensive one, involving an expenditure of several thousand dol- lars on both sides. I. D. Hanscom and E. W. Meddaugh were attorneys for the Air-Line: J. B. Eldredge, D. N. Lowell and A. B. Maynard, for Tackels et al.
450
HISTORY OF MACOMB COUNTY.
THE COUNTY COURT HOUSE.
The history of the establishment of the county seat is already told. That of the first and second houses built for the purposes of public business has been referred to in the able historical address of George M. Crocker. Here it will be only necessary to regard the battle between the northern and southern citizens of Macomb-the former seeking a relocation of the seat of justice, the latter protesting against such a relocation. On February 26. 1879, the Supervisors intimated that the board would receive the petition of the people of Romeo. This document was presented by Irving D. Hanscom. It was signed by Harvey Mellen and 126 others. under date Romeo, February 24, 1879. and was couched in the following terms:
To the Honorable Board of Supervisors of the county of Macomb: Your petitioners hereto respectfully represent that they are citizens and taxpayers of said county of Macomb, and recognize the expediency of having a new court house and jail for the use of this county. They further repre- sent that the citizens of Romeo and vicinity have subscribe I upward of $30,000 as a free gift to the county if county seat shall be located at said village of Romeo. Thereby relieving the inhabitants of the county from the imposition of a heavy tax for the erection of said buildings.
Your petitioners further represent that the full sum of $30,000 has been guaranteed to be paid according to the terms of said subscription and at the time therein specified, by wealthy citizens of Romeo, representing a capital of, at least, $500,000, your petitioners would therefore in consideration of the premises, respectfully petition and ask your honorable body to submit the question of removal of the county seat of Macomb County from the village of Mount Clemens to the village of Romeo at the next annual township meeting to be held in the several townships of the county to a vote of the quali- fiedl electors of said county and your petitioners will ever pray, etc.
Supervisor Nimms then moved the following resolution:
WHEREAS, Certain citizens of the county of Macomb, of the village of Romeo and vicinity in said county, being desirous of procuring a removal of the county seat of said county to the said village of Romeo, have by subscription promised to pay to the said county the several sums therein subscribed by them, and aggregating the sum of more than $30,000, provided said county seat shall be removed to the village of Romeo as stated in said subscription.
WHEREAS, Certain citizens of Romeo and vicinity, in order to insure to said county the prompt payment of said above-mentioned subscription to the amount of $30,000 provided said county seat of said county shall be removed to the village of Romeo, have signed an obligation by which obligation guarantee the payment of $30,000 of said subscription to said county as stated in said obligation. Therefore
Resolved, That the Board of Supervisors of said county deem it expedient, in view of all the cir- cumstances, to accept such subscription and obligation of guarantee, and do hereby accept the same for the purpose therein stated.
Resolved, That the county seat of said Macomb County be removed from the village of Mount Clemens to the village of Romeo in said county.
Mr. Goff moved the resolutions be adopted, which was lost by yeas and nays as follows;
Aves-Messrs. Goyer, Ayers, Bennet, Nyc, Goff, Murphy and Nimms.
Nays-Messrs. Farrar, Parker, Dedenback. Teats, Stewart, Perkins and Lefever.
The character of that memorable meeting of the Supervisors' Board of Macomb County is outlined in the following telegram to the papers of the State, dispatched about the time Mr. Maynard, of Romeo, entered on his argument in favor of relocation:
451
HISTORY OF MACOMB COUNTY.
" At 9 o'clock this morning, every Supervisor was in his seat, and in less than twenty minutes the court house was jammed full of citizens and Romeo's representatives and lobbyists, to see the court house removal fight. The proposition of the Romeo people was presented to the board by I. D. Hanscom. They want the Supervisors to vote to have the county seat removed to Romeo, and then submit it to the people at their spring elec- tion. On motion, the legal gentlemen were invited to address the board. A. B. Maynard, for Romeo, made the opening speech, and asked for the closing speech. Granted. He was followed by T. M. Crocker, J. B. Eldridge, Edgar Weeks, William M. Campbell and H. H. Cady for Mt. Clemens. Campbell said: . Lay aside your $30,000 and submit the question to the people without a gift and see if they demand a removal.' Also that ' Romeo was not willing to shake the dice in a fair way, but came down here with loaded dice.' Maynard commences his closing speech at 1:30, after which a vote will probably be reached. The excitement here is intense."
The board at length voted the question; the gift of Mt. Clemens and the $5,000 con- tribution of the citizens were accepted, and as a result, the corner-stone of the magnificent building known now as the new county court house was laid October 21, 1880.
MEETING OF ROMEO CITIZENS.
A citizens' meeting was held at Gray's Opera House, Romeo, January 11. 1879. I. D. Hanscom was called to the chair. and D. N. Lowell was elected Secretary. The object of the meeting being merely to get matters in shape for the raising of the $30,000 prom- ised for the erection of new county buildings should the county seat be removed to Romeo, a working committee to solicit subscriptions was appointed at once. The following gen- tlemen were selected: Harvey Mellen, J. Mahaffy, H. H. Spencer, of Armada; E. S. Snover, Charles Fillmore, F. S. Crisman, J. T. Robinson, W. W. Andrus. Samuel Cooley. Ira Killam. Hon. A. B. Maynard, being present, addressed the meeting briefly, explain- ing the object and purposes of the citizens of Romeo in the matter under consideration. He asserted what all ought to understand, that in this movement there is not the slightest feeling against Mt. Clemens; that Romeo is simply exercising undoubted and unquestioned right. in a business point of view; if she succeeds, all right: if she fails, there is no harm done. Mr. Maynard spoke about ten minutes, and his remarks were evidently well received. Although no effort was made at this meeting in the way of subscriptions, voluntary sub- scriptions to the amount of $6,000 were recorded. The following gentlemen signed the roll: J. H. Brabb, $1,000; Henry Stephens, $1,000; A. B. Maynard, $1,000; Harvey Mellen. $1,000; James Gray, $1,000; Hugh C. Gray, $1.000.
Subsequently, other citizens followed the example of the original signers, and within a short time the entire sum of $30,000 was forthcoming.
LOGIC OF THE CONSERVATIVES.
Before passing away from this subject, it may not be out of place to give a re- view of the situation, previous to the day on which the Supervisors' Board resolved
452
HISTORY OF MACOMB COUNTY.
to maintain the seat of justice at Mt. Clemens. A contributor to the Mt. Clemens Press said:
"A proposition to move the county seat of this county has been sprung by certain persons in Romeo, and a great deal of discussion is going on, many meetings being held and large subscriptions of money talked about, until many people are found who already look upon the removal as an accomplished fact. We propose to discuss the question fairly, and show why the present location should be retained; why it would be impolitic and im- practicable to designate Romeo as the future seat of our county government.
In the first place, the present excitement originated in a proposition, submitted at the October session of the Board of Supervisors, to build a new county jail. This proposition was made by Supervisor Farrar, of Clinton. It is a fact which may as well be conceded at once that Macomb County ought to have a new jail. The present structure is without one redeeming feature, and is a disgrace to the county. Immediately upon this proposi- tion being submitted, there arose a great howl in certain quarters of the county about the burden of expense this would impose upon the tax-ridden people of this county. The howl was the opening chorus of the grand concert we are now being treated with. A de- cent and suitable jail can be erected for about $6,000, and it is easy to figure upon the basis of equalization adopted at the October session of the board what this will add to the burden of individual tax-payers of the county. The whole taxable property of the county was estimated at $6,258,000. And the figures show that if each tax-payer of the county is assessed 10 cents on each $100 of his assessed valuation, the sum of $6,258 is realized -- an amount sufficient to build a good jail and suitable Sheriff's residence. Now, sup- pose a system of public buildings be built at a cost of only $30.000. on the same basis this would add 48 cents on every $100 assessed valuation. The history of our county seat shows that this is the third or fourth time this " tempest in a teapot " has raged, and we believe, when the subject is carefully considered, it will end now as it always has hereto- fore. Mt. Clemens is the oldest settlement in the county, and, as the saying is, 'all roads lead to Rome,' so all roads in Macomb County lead to Mt. Clemens. Examine the map of the county and it will be easy to see that the systemof roads and the location of the Grand Trunk Railway favors this as the most central point in the county.
The village of Mt. Clemens lies within six miles of the geographical center of the county. We call the corner of Section 15, 16. 21 and 22 of the town of Macomb the geo- graphical center of the county. It is accessible by railway communication with the most populous part of the towns of Richmond, Lenox. Chesterfield and Erin, and accessible by good roads at all times with Erin, Warren, Harrison, Macomb, Chesterfield, Sterling, Shelby and Clinton, as well as every other town in the county. For the purposes of illustrating the grounds we take, we group the towns of the center as follows: As inter- ested in retaining the county seat at Mt. Clemens, Lenox, Chesterfield, Macomb. Clinton, Sterling. Harrison, Erin and Warren. As favorable (because of geography simply) to Romeo, we take Bruce, Washington. Armada, Ray, Shelby and Richmond. We give the population of these townships according to the census of 1870:
HISTORY OF MACOMB COUNTY. 453
Clinton.
5,358
Chesterfield.
2.175
Macomb
1.805
Armada
2.215
Harrison.
605
Bruce .
2.145
Erin ..
2.466
Washington
2,057
Warren.
1.938
Ray
1,555
Sterling
1,549
Richmond
2.566
Lenox.
2,547
Shelby.
1.695
Total.
30,676
This shows that in the group we assume as interested in the county seat remaining at Mt. Clemens there was in 1870 an excess of population over the other group of 6,210.
Now, it is well understood that population has been rapidly increasing in the group of towns first given, while in the other towns population is not rapidly increasing. And it is shown by the foregoing census table that the excess of population is equal to the population of a good-sized county. We take the same group of towns to show the fact in regard to comparative wealth. The equalization of the Board of Supervisors of October, 1878, is as follows:
Macomb
$360,000
Lenox
$355.000
Clinton.
760,000
Armada.
445,000
Harrison.
98,000
Bruce.
660,000
Erin.
295,000
Washington.
705,000
Warren
345,000
Ray
370,000
Chesterfield.
410,000
Richmond
445,000
Sterling.
340,000
Shelby
340,000
Total.
$6.028.000
Here the figures show that the excess of valuations fixed by the Supervisors is $98.000. We take the same grouping of towns to illustrate still further. In the equal- ization of county taxes at the last October session of the Supervisors, the following figures were made:
Clinton .
$2.853 95
Lenox
$1.333 09
Macomb
1,351 87
Armada
1.671 06
Harrison
368 00
Bruce
1,853 95
Erin ..
1,483 30
Washington
2.853 95
Warren ..
1.295 54
Ray
1,389 43
Sterling
1.276 TT
Richmond.
1.671 06
Chesterfield.
1,539 63
Shelby.
1,764 95
Total.
$24.706 55
Showing an excess of taxes paid for county purposes by the group which are claimed would be most interested in retaining the county seat, though the excess is small. The foregoing figures are important to consider in connection with the erection of county buildings, providing it is done by public tax.
The great cry. however, of those who advocate a removal to Romeo is that Romeo people will donate $30,000 for this purpose. Mt. Clemens has not yet been heard from
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454
HISTORY OF MACOMB COUNTY.
on that subject, nor do we think it necessary to play any game of bluff of that kind. When the time comes, this part of the county will be found ready to do all that is just and right. We are considering the question of removal with reference to the publie conven- ience, and we again assert that no point in the county will accommodate so well the ma- jority of our population as Mt. Clemens.
When we come to consider the cost of new buildings which are to cost say $30,000; then when we show that every tax-payer who pays on $100 valuation will have just 48 cents added to this amount, and when we consider that those who pay $10 valuation will have to pay just 47, cents. additional, we demonstrate to a large majority of the tax- payers of this county that there is a great cry over a very little wool' on the subject of expense and taxation, and that the expense would be far more than offset by the incon- venience of removal to a large majority of the people of the county. Don't forget that 176 cents on every $10 of assessed valuation will raise $30,138. 40 for county buildings. A set of men representing $6,258,000 assessed valuation, which is only about one- fourth of the actual value, should not stop one moment to consider a proposition, or ask that a few private citizens should contribute from their own private purses a sum sufficient to erect buildings for the use of as wealthy a county as Macomb, and we look upon a pro- position of that kind as a direct insult to the board of and the inhabitants of one of the wealthiest counties of the State -a county which has not built a public building in twenty-five years, except a county poor house, which was inexpensive, and that, too, some ten or twelve years ago."
The arguments brought forward by the people of Romeo and adjoining townships were very forcible and clear; yet they did not prevail; the representatives of the northern townships were destined to lose all chance of obtaining for many years-perhaps forever -the boon for which they struggled so earnestly; yet they won for the county a sum of $20,000 from the citizens of Mt. Clemens.
LAVING THE CORNER STONE.
October 21, 1880, was a day that will be long remembered in Mount Clemens, and that will adorn one of the brightest pages of her history. The elements that all the week have been inanspicions, forgot their anger Thursday morning, and gave a bright and gentle October day, well adapted indeed for the great event of that day, the laying of the corner stone of Macomb County's new court house. The enterprising and patriotic citi- zens, more particularly the business men, had a full appreciation of what was required of them, and early in the morning the court house square and Pearl street were gay with decorations. Bunting and flags adorned the front of every business house, and swayed across the streets. People began entering town at 9 o'clock, coming on trains, in car- riages and wagons, and when the ceremony took place there were between two and three thousand strangers in the city. Grand Master McGrath came up on the early train, at- tended by different members of the Grand Lodge, and the Port Huron band arrived at the same time. The music furnished was of the highest order. The beautiful melodies were
455
HISTORY OF MACOMB COUNTY.
rendered to the great delight of the large concourse, and withal were generously dispensed. The band played almost incessantly the whole day through. The Monitor counts itself among the fortunate ones that were honored with an especial serenade. The arrangements of the day, in the hands of the Masons, were without fault, and progressed without unto- ward happening to a successful consummation.
At 12 o'clock the Grand Lodge, the Supervisors, the Council, and Mount Clemens Lodge, assembled in the opera house. They formed, and with the band at their head, look up the line of march. The order of the procession was as follows:
E Band; Grand Sword Bearer, with drawn sword; Grand Standard Bearer; Grand Mas- ter, supported by two Grand Deacons, with black rods: Grand Pursuivant; a Past Master, carrying the Book of Constitutions; Deputy Grand Master, carrying the golden vessel with corn; Senior Grand Warden, carrying the silver vessel with wine; Junior Grand Warden. carrying the silver vessel with oil; Bible, Square aud Compass, carried by a Master of a lodge, supported by two Stewards, with white rods; Grand Chaplain; Grand Treasurer; Grand Secretary; Grand Architect and assistants, with Square, Level and Plumb; Grand Stew- ards, with white rods; Grand Tiler, with drawn sword; Mount Clemens Lodge. No. 6, in reverse order; members of Board of Supevisors; members of Common Council.
The pageant moved slowly round the square, and stopped at the southwest corner of the building, where the ceremony began. When all were disposed upon the platform, the Grand Master rapped silence. Hon. George M. Crocker, the Mayor, then advanced and addressed the large assembly.
HISTORICAL ADDRESS, BY MAYOR G. M. CROCKER.
We are met together upon this occasion for the purpose of witnessing the ceremony of the laying of the corner stone of our new court house. A mere ceremony, it is true, yet it is a ceremony that is fraught with interest and importance to the whole people of Macomb County, and particularly to the citizens of Mt. Clemens-a ceremony that probably not one of us alive to-day will ever witness again.
The spot of ground upon which we are assembled to-day is sacred ground-sacred because it is more intimately connected with the past and present history of our county than any other spot within its limits. It has, in fact, more of a history itself.
The history of this spot of ground commences with the title page of the history of Macomb County-away back in the dim past, when Mt. Clemens was but a straggling hamlet upon the banks of the river Huron; when all of the surrounding country was a trackless wilderness; when there were but few cabins here and there; when Detroit her- self, now Michigan's pride, was but a mere village; when the only neighbors Mt. Clemens had were the Indian settlements on the north and past, and Detroit on the south: when the only means the settlers had of getting to Detroit was by the batteaux that slowly crept down the crooked river, and thence through Lake St. Clair-or to follow the trail along the river bank to the shore of the lake and thence along its margin: when the only trade worthy of mention was the fur trade.
456
HISTORY OF MACOMB COUNTY.
Then it was that the hardy pioneers of that day, a race of strong, determined men -men who came here determined to subdue the difficulties that surrounded them, met to- getlier and resolved that they must have a forum where disputes should be legally settled. and the rights of themselves and their descendants maintained and kept inviolate -and this was the spot then selected.
On the first page of Liber "A" of deeds, in the Register's office, the first book of records, you will find a deal of this spot of land from Christian Clemens, the founder of Mt. Clemens. This deed ran to the Governor. not of the State of Michigan, but of the Territory of Michigan, in trust for Macomb County. The main consideration in the deed is that the court house be located here, upon this spot; the date of that deed is March 10. 181S. History tells us that Maj. Gen. Macomb. after whom this county was named, se- lected and designated this as the spot where the Hall of Justice should be located -and here ever since that time has Justice had her seat. It is true that the justice of that day was a crude and primitive justice, yet it was rugged justice. It is true that you find the courts of those days solemnly determining that " Christian Clemens, their Chief Justice, had the ability to keep a tavern, and that he be granted leave to keep a tavern in his res- idence for one year." It is true that you will find in their records indictments for assault and battery against some of the lawyers and officers of the court: I had almost said against the court itself. It is true that you do not find the voluminous, lengthy records and files of the courts of to-day, true that you could almost put the journal of the court in your pocket; yet. my friends. all these things were but the natural incidents of the times. And no man can sit down and read over those old records candidly, and fail to see that they ever honestly aimed at the right, and they almost invariably hit the bird in the eye.
My friends- all roads lead to the court house. Here, since ISIS, have the people come from every nook and corner of the county to settle their disputes. Here have they sat and listened to the trials, and anxiously waited for the verdict. Here have been pre- served the evidences of the titles of the people to their houses. Here have been adinitted. and here have pleaded a galaxy of lawyers that made the bar of Macomb County the peer of any in the State. Here, in days gone by, have come as applicants for achmission to the bar a number of young men from other places, who subsequently carved out for them- selves brilliant records as lawyers, and some of them have written their names upon the enduring pages of their country's history. Upon this spot of ground has been, to a certain extent, the index of our county's prosperity; a gauge telling of our advancement before the days of steam and electricity. before the days even of highways, when the people chiefly lived in cabins, when the face of the county showed little else but forests and marshes. Then the log court house was here.
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