USA > Minnesota > Goodhue County > History of Goodhue county, including a sketch of the territory and state of Minnesota > Part 29
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" WHEREAS, Any action pending the uncertainty which now exists would be very imprudent and hazardous, therefore,
"Resolved, That this board, by a committee of three of its members to be elected by the board, proceed at once to ascertain our liability under said contract by presenting the case, without delay, to the Judge of the Fifth Judicial District of this State for his decision upon the validity of the said contract, or to obtain the best possible legal advice on the matter."
The resolution was specially considered at two o'clock that afternoon.
A communication having been received from the Senator and Repre- sentatives in the State Legislature in regard to the passage of a bill authorizing the board of supervisors to issue bonds for the erection of county buildings, Mr. Grow offered the following resolution :
"Resolved, By the board of supervisors of Goodhue county, that our Senator and Representatives be requested to secure the passage of a bill introduced by Senator Hudson, on the 9th day of July, A. D. 1858, entitled " An act to authorize the board of supervisors of Goodhue county to issue county bonds for the erection of county buildings."
263
THE HISTORY OF GOODHUE COUNTY.
To which Mr. Stearns, of Zumbrota, offered the following amendment :
" But this board does not intend by this resolution to express any opinion in relation to the erection of county buildings or the issuing of said bonds."
The resolution, as amended, was adopted.
Two o'clock P. M .- On motion of Mr. Grow, it was
" Voted, That the resolution presented by Mr. Miller, and amended on motion of Mr. Stearns, be further amended by striking out of said resolution the word ' three,' and substituting therefor the word 'two.'"
Messrs. Densmore and Stearns were elected to serve as such com- mittee by acclamation.
On motion of Mr. Densmore, it was
" Voted, That the committee selected by the board to seek legal advice regarding the contract for county buildings, be granted leave of absence to procure such advice."
The ayes and nays being demanded, the vote stood : ayes, 13; nays, 8. July 16, the committee submitted the following report :
"The undersigned committee of the board of supervisors of Goodhue county to inquire after the validity of the contract made by the com- missioners of Goodhue county with certain parties, for the erection of a court house and jail, respectfully report the accompanying written opinion of D. Cooper, Esq., of St. Paul, which is fully and unqualifiedly corroborated by the verbal opinion expressed to your committee by J. B. Brisbin, Esq., of the same place, and the judgment of your com- mittee establishes the validity and binding force of said contract beyond reasonable doubt.
" Your committee would therefore recommend that all future action by this board in reference to said contract be based upon the admission of its validity and binding force.
"Your committee would further report the payment by them of counsel fees as per receipted bill, $10; traveling expenses, $11-$21 .*
"To which the attention of this honorable board is invited.
ORRIN DENSMORE,
J. C. STEARNS, Committee.
" RED WING, Goodhue county, July 16, 1858.
The following is the opinion of Judge Cooper, referred to in the above report :
* Under this total of $21 are these words and figures in pencil-" added $9.00 "-making the total $30.00
264
THE HISTORY OF GOODHUE COUNTY.
" ST. PAUL, July 15, 1858.
"GENTLEMEN-The question propounded by you, and upon which you desire me briefly to give my opinion in writing, is as follows:
"The board of county commissioners of Goodhue county having selected plans for county buildings, and by resolutions of the 9th of April, 1858, having invited bids for their erection in accordance with the plans selected, until the first Monday of May, 1858; and on the last named day (May 3d,) having by resolution accepted the bid of Messrs. Simmons and Stephens for their erection, according to the specifications accompanying the bids, but no contract having been signed until May 14th, and in the meantime, between the 3d and 14th of May, the board of county supervisors, under the township organization law, having claimed the right of enjoying and performing the powers and duties theretofore exercised by the county commissioners-is such contract binding upon the county ?
" I have no doubt that it is. The contract was complete by the pass- age of the resolution accepting the bid and specifications of Messrs. Simmons and Stephens; and the subsequent act of reducing the same to writing and attaching the signitures of the parties, was a mere means of perpetuating the evidence of the contract in detail.
" After the acceptance of the bid by the resolution of the board, and as I understand the dates, there was no question of the right of the commissioners to act at that time, upon a refusal of that board, or its successors, by whatever name called, to carry out its terms, the con- tractors might have enforced the contract in and through the courts of justice. Of this there can be no doubt.
" Apart from this, and from my present knowledge of the provisions of the township law, understanding that the only time designated in the act for the meeting of the board of county supervisors is the second Monday in September, I am very clearly of the opinion that the board of county commissioners are not superseded until that date. I under- stand there is no provision for a meeting of the board except the general one, sec. 1, of Article VII, and if this be the case, until that time shall arrive, there can be no meeting of the board of supervisors.
" It can not be presumed that the legislature intended there should be no officers to perform the duties of the board of county commission- ers, from the time of the election in May until the second Monday in September, and consequently it must be presumed that there being no means of meeting provided for the supervisors, the county commission- ers were to hold over until actually superseded by the organization of the board of supervisors at the time designated.
265
THE HISTORY OF GOODHUE COUNTY.
" Having thus hastily given you such views as the time allotted me allows, I have the honor to be
" Your obedient servant, " D. COOPER."
On motion of Mr. Grow, of Union, it was voted to adopt the report.
On motion of Mr. White, it was " voted that the committee on public buildings be instructed to confer with the contractors, to see on what terms they will settle with the county and relinquish the contract, and that said committee report as soon as possible."
The board then adjourned until 2 o'clock P. M.
At 2 o'clock the board was again in session. The committee on public buildings had conferred with the contractors, and submitted the following reply from them:
' To O. Densmore, Esq., chairman committee.
" DEAR SIR :- In reply to the request made by your committee, through you, that we would submit to the board of supervisors a prop- osition to compromise and release our contract with the county for the erection of public buildings, we desire respectfully to say, that the con- tract was, on our part, entered into with perfect good faith. We have made several sub-contracts for materials and labor, to the amount of many thousand dollars, for the performance of all of which we are liable. A large share of these materials have been delivered, or are ready for delivery, and no trifling amount of work has been performed. In addition to this, we are all mechanics, and an abandonment of the contract at this time will leave us without employment, or at least with but small chance of securing other jobs. For these reasons, and many others that will at once suggest themselves to your committee, and especially to mechanics, we wish to complete, rather than surrender, the contract. While, therefore, we will consider and respectfully answer any proposition that the board may make to us in writing (so that the terms may not be misconceived), for the cancellation of the contract and a compromise of its subject matter, we decline making any proposition ourselves looking to that end.
" HILL, SIMMONS & Co.
" RED WING, JULY 16, 1858."
The report of the committee was placed on file, and the board soon after adjourned until the 26th of July.
July 15, the board found that a still more commodious room was necessary, and on motion of Mr. Grow, it was voted that a committee of
266
THE HISTORY OF GOODHUE COUNTY.
three be appointed to procure a room for the use of the board at its future meetings. Harmony Hall was secured, which they occupied on the 16th, and until the court house was completed and ready for occu- pancy. [ Harmony Hall was situated on the corner of Main and Fulton streets, and was destroyed by fire.]
July 27, Messrs. Stearns, of Zumbrota, Gillett, of Cannon Falls, and Thomas, of Stanton, were appointed a special committee to make propo- sitions to the contractors for the erection of the court house and jail, and ascertain what compromise could be effected, and the contract surrendered. In the afternoon of the same day the committee reported the following proposition for the consideration of the board.
" That the said contractors go on and erect and enclose said building, and finish the extension according to the terms of the contract, and also the jail complete, but that the interior of the building, with the excep- tion of the partition walls and the flooring joists throughout, and the floors in the offices of the register and clerk be left unfinished. And for the performance of the portion of the work above described, this board agree to pay the sum of twenty thousand dollars in the negotiable bonds of said county, as per original contract.
" Signed, "I. C. STEARNS, " C. W. GILLETT, " Com."
On the adoption of the report the yeas and nays were called. Those who voted yea were, Messrs. Chandler, Crouch, Grow, Gould, Gillet, Hilton, Himmelman, Kelly, Knutson, Miller, Phillips, Stearns, Stone, Townsend, Thomas, Vandenbergh and Webb-17.
Those who voted nay were, Messrs. Densmore, Brown, Freyberger, Haggard, Wise and White-6.
So the report was referred back to the committee to be submitted to the contractors, and their answer obtained thereto. Leave of absence was granted the committee for that purpose. After visiting the con- tractors, the committee returned and made the following report :
CONTRACTORS' ANSWER.
"To Messrs. Stearns, Gillet and Thomas:
" GENTLEMEN : We, the undersigned contractors, have examined your proposition, and would respectfully say that we cannot accept it, as it now stands, but we would further say that, in addition to the leaving out of our contract all the inside finish, with the exception of the floor in the recorder's and clerk's office, if you will also omit in said contract the outside front steps and all stone steps, not in the walls of said build-
267
THE HISTORY OF GOODHUE COUNTY.
ing, and the outside doors to the basement, and the galvanized iron chimney-tops, we will accept the proposition which you have submitted.
" Signed, HILL, SIMMONS & CO."
On motion of Mr. Grow, the paper was laid on the table. Yeas 16. On motion of Mr. Stearns it was resolved that-
"WHEREAS, it appears by the records of the board of county commis- sioners of the county of Goodhue, that the majority of the board of county commissioners of said county did, on the 14th day of May, A. D. 1858, enter into a written contract with D. C. Hill, Simmons and Ste- phens, for the erection of a court house and jail ; for the erection of which said commissioners bound the county to pay said contractors the sum of twenty-four thousand dollars, to be paid in the negotiable bonds of said county at ninety cents on the dollar, which bonds were to bear interest at the rate of twelve per cent. per annum ; and
"WHEREAS, the board of supervisors of said county having taken legal advice on the legality of the contract, and having been advised that said contract is binding on the said county ; and
" WHEREAS, a large portion of the work on said building has been sub-let, and a considerable portion of said work has been already done by the said contractors, so that to abandon the said contract would subject the county to heavy damages, which would be a total loss to said county ; therefore
" Resolved, By the board of supervisors of said county, that we will carry out the said contract so entered into as aforesaid, for the erection of said buildings ; and that while we determine to carry out said con- tract, we would consider that we were recreant to our duty as a board, were we not to express our decided disapprobation of the course pursued by the majority of the board of county commissioners, in entering into said contract, thereby involving the county in a heavy debt ; and that directly (as we believe) against the express wish of two-thirds of the tax payers of said county ; and we hereby express our conviction that a more high-handed act of usurpation of power and disregard of the will of the people (on a small scale,) has never been perpetrated by the agents of the people, than that of the majority of said board of county commissioners, in the letting of the said contract."
On the adoption of this resolution the yeas and nays were called. Those who voted yea were Messrs. Brown, Crouch, Densmore, Grow, Gould, Hilton, Himmelman, Haggard, Kelly, Knutson, Miller, Phillips, Stearns, Stone, Vandenbergh, Webb and Wise-17.
Those who voted nay were Messrs. Freyberger, Gillet, Thomas, Town- send and White-5.
268
THE HISTORY OF GOODHUE COUNTY.
The chairman was excused by the board from voting.
On motion of Mr. Grow- 4
"Resolved, That the chairman and the clerk of the board of super- . visors of Goodhue county be and they are hereby authorized to issue county bonds in accordance with an act entitled, ' An act to authorize the board of supervisors of Goodhue county to issue county bonds for the erection of county buildings,' approved July twenty-third, one thousand eight hundred and fifty-eight, and also in accordance with the provisions of a certain contract entered into on the fourteenth day of May, one thousand eight hundred and fifty-eight, between the commis- sioners of Goodhue of the first part, and Hill, Simmons and Stephens of the second part, said bonds to be for the same amount, viz., twenty-six thousand six hundred and sixty-six 66-100 dollars, bearing the same rate of interest, and payable at the several times as provided for in said con- tract, and to the order of Hill, Simmons & Co."
The yeas and nays were called on the adoption of this resolution. Those who voted yea were Messrs. Brown, Crouch, Densmore, Freyberger, Grow, Gould, Hilton, Himmelman, Haggard, Kelly, Knutson, Miller, Stearns, Stone, Vandenbergh, Webb, Wise and Chandler-19.
Those who voted nay were Messrs. Gillet, Thomas, Townsend and White-4.
This action of the board of supervisors settled all differences between them and the contractors, and the work on the court house was pushed vigorously forward.
Between the adjournment of the July session and the 14th of Sep- tember, Mr. Grow, of Union (afterwards Burnside) resigned, and Mr. Hobart was appointed to the vacancy. He presented his credentials and was admitted September 14, 1858.
September 24, 1858, the second installment of bonds was ordered to be issued to the contractors. The same date it was
" Resolved, By the board of supervisors of said county, that the com- mittee on public buildings are hereby authorized to cause to be issued county bonds to said contractors sooner than called for by said contract, if in the judgment of said committee it shall be just and right, and will tend to the more speedy completion of said buildings. And on the completion of said work on said buildings to settle with said contrac- tors, and to accept said job, and discharge said contract, and to take receipt or receipts from said contractors for the payment of said work. And the said committee are further authorized to alter the plan of doing, said work on said buildings, when it may be thought advantage- ous to, the county (with the consent of the contractors and their
269
THE HISTORY OF GOODHUE COUNTY.
bondsmen,) not, however, so as to increase the expense of said building beyond the contract price."
SECOND BOARD OF SUPERVISORS.
The second board of supervisors was elected in April, 1859, and pur- suant to a call signed by a majority of the board, a meeting was held at the office of the county auditor, on the 18th day of the same month. J. A. Thacher, of Zumbrota, was elected chairman of the board. There were two claimants-H. W. Twitchell and Peter Easterly-to the seat from Belvidere. After investigation the seat was awarded to Mr. Thacher.
April 21, it was voted that " the committee on public buildings accept on behalf of the county, the court house when completely finished according to contract, and that when so finished the county officers who are to occupy it, are instructed to move into it.
The court house was completed and turned over by the contractors in August, 1859. The excavation, the stone work, and the carpenter work, was done by Hill, Simmons & Co., the contractors. The brick were made by John Carter, and laid up in the wall by Messrs. Brink, Todd & Co. The plastering work was also done by Brink, Todd & Co.
Some of the bonds issued to pay for the erection of the court house were sold to individuals in Washington, D. C., some to individuals in the city of New York, some to individuals in Ohio ; but the most of them were taken by Red Wing parties. They were sold at various prices ranging from fifty to ninety cents on the dollar. They have all been taken up, and the expense of the court house, improvement and enclosure of the square, long since paid up in full.
Pending the disposition of the board of supervisors to secure a cancel- lation of the contract for the erection of the court house, and before the bonds were issued, the contractors had been advised that the bonds could be sold in the New York market at nearly their face value. An agent was sent on there to investigate the matter, but before negotiations were perfected a circumstance occurred that completely destroyed the value of Minnesota county bonds in that market. Hennepin county had issued bonds and built a court house. When the bonds became due they were not paid, a fact that threw discredit upon all county bonds and rendered them worthless among commercial men and capitalists. The tax payers outside of Red Wing and its immediate vicinity were fighting the court house enterprise, and using every possible means to induce the contractors to throw up the contract, even
270
THE HISTORY OF GOODHUE COUNTY.
offering them as much as $10,000 cash to do so. The business men and friends of Red Wing were as anxious the other way, and when they found the bonds could not be sold for ready money, they promised to ren- der all necessary material assistance to the contractors-to take the bonds and advance the money, etc.
When the money was needed, however, it was not forthcoming. When any of them did advance money to aid the contractors, they required a deposit of two dollars in bonds for one dollar in money advanced, and three per cent. interest per month besides. At least so says Mr. Hill. Sometimes bonds could be traded for lumber and other material, but only at a heavy discount. Through the influence of Mr. Phelps, then representative in Congress from Minnesota, and Mr. Geb- hort, member of Congress from Ohio, some of the bonds were sold for seventy cents cash, both of these men taking small amounts.
Red Wing men, when the pinch came, were, for the most part, very reluctant to invest their money in these bonds; and when they did so, exacted very large discounts.
The building of the court house was undertaken at the instance of Red Wing interests. The tax payers in the interior were opposed to the enterprise, hoping, in time, to either secure a division of the county, or the location of the public buildings at a more central point. When the board of supervisors succeeded the county commissioners, the country townships had a larger representation, and bowing to the will of their constituents, sought to avoid the responsibility of the contract made by their predecessors in office. Legal advice was secured, how- ever, which satisfied the board that the contract was legal and binding, and rather than risk involving the county in heavy damages, the con- tract was allowed to proceed, and the court house was completed within the time specified in the agreement.
During the time the court house was building, a feeling of dissatisfac- tion with the township system became general throughout the State- probably because of the heavy expense attending; and in 1860 an act was passed by the Legislature providing that each and every county in the State should be deemed an organized county, and that in each and every county there should be a board of county commissioners ; and that in those counties in which at the last general election there were cast eight hundred votes or over, the said board should consist of five members, and in all other counties of three members, who should hold their offices for one year, or until their successors were elected and qualified. [Gen. Laws of Minn., 1860, p. 134.]
271
THE HISTORY OF GOODHUE COUNTY.
This law went into effect April 1, 1860. The last session of the board of supervisors adjourned sine die on the 10th day of January, 1860, and the first session of the board of commissioners commenced on the 4th day of June following. This board was composed of J. A. Thacher, H. L. Bevans, J. A. Jackson, A. Hilton and E. A. Sergeant. Mr. Thacher was chosen chairman of the board. Since then there has been no change. in the management of county affairs,
It has been maintained in some of the States where the township system prevails, that it is more economical than the county system. If the figures to be found on the old journal in the auditor's office are cor- rect, this opinion is sadly at fault. As a matter of history we quote the cost to the county of Goodhue of each of the three sessions of the board of supervisors held in 1858, the first session being held in July, the second in September, and the third in December.
JULY SESSION.
Names.
Miles.
Days.
Amount.
Names.
Miles.
Days.
Amount.
Chandler
16
3
$9 20
Gould
6
2
$6 20
Crouch
10
3
8 00
Gillett.
25
3
11 00
Stearns
20
3
10 00
Hilton
32
3
12 40
Grow
3
3
4 60
32
3
12 40
Frey berger
8
23
4 60
Kelly
14
23
7 80
Brown.
23
3
10 00
Stone
21
3
10 20
White
26
3
11 20
Miller
2
4 00
Knutson
32
3
12 24
Vanden berg
2
4 00
Webb
28
3
11 60
Densmore
2
4 00
Phillips
17
3
9 40
Himmelman
14
3
8 80
Wise
6
21
6 20
SEPTEMBER SESSION.
Names.
Miles.
Days.
Amount of Mileage.
Amount of Per. Diem.
Total. Amount.
Chandler
16
6
$3 20
$12 00
$15 20
Stearns
20
4
4 00
8 00
12 00
66
extra
20
6
4 00
12 00
16 00
Hobart
32
2
70
4 00
4 70
Frey berger
8
5
1 60
10 00
11 60
66
extra
8
1
1 60
2 00
3 60
Brown
23
4
4 60
8 00
12 60
White
26
4
5 20
8 00
13 20
extra.
26
6
5 20
12 00
17 20
Knutson
32
4
6 40
8 00
14 40
Phillips
17
3
3 40
6 00
9 40
Thomas
30
4
6 00
8 00
14 40
Wise
6
4
1 20
8 00
9 20
Townsend
33
3
12 60
Thomas
30
3
12 00
Totals
396
63
$205 20
Haggard
272
THE HISTORY OF GOODHUE COUNTY.
Names.
Miles.
Days.
Amount of Mileage.
Amount of Per Diem.
Total Amount.
Gould
6
2
1 20
4 00
5 20
Gillet
25
4
5 00
8 00
13 00
extra
25
3
5 00
6 00
11 00
Hilton.
32
4
6 40
8 00
14 40
Haggard
32
4
6 40
8 00
14 40
extra
1
2 00
2 00
Kelly,
14
4
2 80
8 00
10 80
66
14
6
2 80
12 00
14 80
Stone
21
4
4 20
8 00
12 20
Miller
2
4 00
4 00
extra
2
4 00
4 00
Vandenbergh
2
4 00
4 00
Densmore
2
4 00
4 00
extra
6
12 00
12 00
Himmelman
14
4
2 80
8 00
10 80
4183
103
$83 70
$206 00
$289 70
DECEMBER SESSION.
Names.
Miles.
Mileage. $4 60
4
$8 00
$12 60
Brundage
3
6 00
6 00
Frey berger
14
1 40
4
8 00
9 40
Hobart
6
60
3
6 00
6 00
Hilton
64
. 6 40
4
8 00
14 40
Himmelman
28
2 80
4
8 00
10 80
Haggard.
64
6 40
4
8 00
14 40
Knutson
64
6 40
4
8 00
14 40
Miller
3
6 00
6 00
Stearns
40
4 00
4
8 00
12 00
Stone
42
4 20
4
8 00
12 00
Vanden bergh
3
6 00
6 00
Webb
58
5 80
4
8 00
13 80
Wise
12
1 20
4
8 00
9 20
Chandler
36
3 60
5
10 00
13 60
Thomas
60
6 00
4
8 00
14 00
Townsend
64
6 40
4
8 00
14 40
White
52
5 20
4
8 00
13 20
Totals
650
$65 00
69
$138 00
$203 00
RECAPITULATION.
Miles.
Days.
Mileage.
Per Diem.
Total.
July session
396
63
$79 20
$126 00
$205 20
September session
418
103
83 70
206 00
289 70
December session
650
69
130 00
138 00
203 00
Grand total
1,464₺
235
$292 90
$470 00
$697 90
Days.
Per Diem.
Total.
Brown
46
273
THE HISTORY OF GOODHUE COUNTY.
The supervisors were allowed ten cents per mile each way-going and coming-equal to 20 cents per mile one way.
MISCELLANEOUS COUNTY NOTES.
December 29, 1858, the board of county supervisors "voted that the county attorney be requested to give his opinion as to whether the towns or the county were required by law to provide for the care of the poor." In accordance with this request he rendered the opinion that it was the duty of the county board to make provisions for their maintain- ence.
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