History of Stearns County, Minnesota, Volume I, Part 15

Author: Mitchell, William Bell, 1843-
Publication date: 1915
Publisher: Chicago : H. S. Cooper
Number of Pages: 964


USA > Minnesota > Stearns County > History of Stearns County, Minnesota, Volume I > Part 15


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At the meeting beginning September 13, S. M. Bruce was admitted to a seat from the township of Sauk Centre. H. C. Waite was appointed county attorney. The members of the board voted themselves a per diem of $1.50 while attending meetings or transacting other county business. The commit- tee on taxation, having examined the assessment rolls, recommended that the real estate assessment in Lynden be reduced thirty per cent, and that of St. Cloud be increased thirty per cent, while in the towns of Maine Prairie, Fair Haven, Berlin, Verdale and Wakefield the assessed valuation of the lands be increased from $1.25 to $1.70 per acre, the valuation of the other towns to remain as returned, which report was adopted. These figures will give a fair idea as to the average value of lands in the county at that time, at least for purposes of taxation. Each town was required to pay its own assessor. The tax rate for county purposes was fixed at one per cent.


1860. The opening session was held January 3 with the Rev. David Lowry, Seth Gibbs, L. B. Johnson, John Lear, A. W. Libby, M. Hanson, R. M. Richardson, and Wm. Bosworth present. The bonds of the following newly- elected officers were presented and approved; M. Lauerman, sheriff; Joseph Edelbrock, register of deeds; J. W. Read, county auditor ; James M. McKelvey, district attorney; Joseph Broker, treasurer. The salary of the district at- torney was fixed at $600 per year and of the county auditor at $300. W. J. Parsons who had acted as district attorney July 6, 1855, presented a bill of $50 for his services, on which there was allowed $10 as payment in full.


This session ended the meetings of the county board of supervisors, that method of transacting the county business having proved to be unsatisfactory. An act of the legislature, passed February 21, 1860, provided that each county elect a board of county commissioners, the counties in which eight hundred votes or over had been cast at the last general election to have a board of five members, and all others three members, to hold office for one year. The first board elected in Stearns county under the provisions of this act con- sisted of Seth Gibbs, C. T. Stearns, E. E. Abbott, Nicolas Schmit and J. H. Linneman, which met June 4 and organized by electing C. T. Stearns chairman.


The first business of importance was to divide the county into five com- missioner's districts, the territory assigned to each being as follows: First District-The organized township of St. Cloud. Second District-The town- ships of St. Joseph and Brockway. Third District-The townships of Munson, Wakefield and Rockville. Fourth District-The townships of Lynden, Berlin, Fair Haven and Maine Prairie. Fifth District-The townships of Sauk Centre, Marion, Verdale and all the contiguous unorganized townships on the western line of said county as then organized.


A contract was made with Joseph Edelbrock that the room at that time


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occupied by him as register of deeds should be furnished with wood and lights when required by the county board for its meetings, the office to be occupied also by the county auditor, the sheriff, the judge of probate and the clerk of the district court, a somewhat remarkable concentration of officials- for which the sum of $75 should be paid as rental for the year 1860.


At the September session the real property assessments were equalized; the tax levy was fixed, including four mills for state purposes and two and one-half mills for the support of common schools; and the accounts of the county auditor and treasurer were examined, which showed $108.40 in cash belonging to the school fund, $144.65 belonging to the state, $166.70 belonging to the county and $19.94 belonging to the different towns, in the hands of the county treasurer. Evidently the liquor license question had been worrying the board, as a formidable set of resolutions was presented and adopted, wherein after declaring that the $50 license fee previously adopted was so high that "nearly all those engaged in selling spiritnous liquors in the county have rendered themselves liable to prosecution for the selling the same with- out first having obtained a license therefor"-in short, having become "blind piggers," a more modern phrase for this particular branch of industry-a sliding scale of fees, ranging from $10 to $25 for twenty-two persons therein named. It was further provided that, while all past offenses should be ignored, those who should offend in the future would be prosecuted according to law.


1861. Following the general election in November, the new board of county commissioners met January 1, with H. J. Fowler, R. M. Richardson, E. E. Abbott and A. Montgomery present, who organized by electing R. M. Richardson chairman. Andrew Schroeder, the missing member, reported the next day. The first business transacted was to allow Mrs. Jane G. Swisshelm, three cents per description additional, amounting to $46.77, on the delinquent tax list for 1859, published in the St. Cloud Democrat, and the county treas- urer was appointed a committee of one to contract for the county printing. The county auditor was directed to prepare an accurate statement of the financial affairs of the county for the year 1860, to be posted in three different places in the county and published in the St. Cloud Democrat-this being the first instance of the posting or publishing of a statement of the county's financial affairs. The changed temper of the board in the matter of liquor licenses was manifested when it was voted to restore the fec to $50 for the year 1861, to prosecute all persons who should sell liquor without a license, and to make each commissioner a committee of one in his district to see that the law was complied with. The salary of the county attorney for 1861 was fixed at $600, and that of the county auditor at $400. As there were signs of trouble brewing, by reason of the election of President Abraham Lincoln, the board at its meeting March 2 allowed the St. Cloud Guards $25 with which to buy ammunition and "have it ready for use when called for."


Peter Meyer having resigned as county surveyor April 2 the board appointed James H. Place to sneeeed him. It was voted to pay Mr. Place the sum of one dollar for each township and fractional township shown on a county map on vellum to be prepared by him. The front part of the "Rail


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Splitters' Wigwam," a relie of the late presidential campaign, was hired to be used as an office for the county auditor, sheriff, judge of probate, clerk of court, county attorney and county surveyor-an arrangement which certainly merited approval on the score of economy, not taking into too serious con- sideration the convenience of these officials.


1862. The first annual meeting of the year was held January 7, with H. J. Fowler, Andrew Schroeder and Henry Krebs present; commissioner Schroeder being elected chairman. The official bonds of M. Lauerman, sheriff; James M. MeKelvy, county attorney; James H. Place, county sur- veyor; John Zapp, register of deeds; Barney Overbeck, coroner; and J. H. Procter, treasurer, were approved. John W. Tenvoorde gave notice that he had filed notice of contest against J. H. Procter as county treasurer and gave the necessary $25,000 bond in case he should succeed. A contract was made with B. Rosenberger to furnish two rooms, at a yearly rental of $100, one for the use of the county auditor and register of deeds, and the other for the judge of probate, clerk of the district court, sheriff and county treasurer, the privilege being given any of these officials to have his office elsewhere "in any convenient or lawful place in the town of St. Cloud," provided it be done without any expense to the county. The sheriff was directed to notify John C. Nole and Joseph Gibson that they had been elected county commis- sioners and that their presence was desired at a special meeting to be held January 20. When the date for the special meeting arrived commissioners Noll and Gibson were on hand to respond with the others to roll call. L. A. Evans, the judge of probate, was directed to transcribe into proper books all papers filed in his office. The county treasurer was notified not to enforce the collection of taxes on property assessed to the corporation of St. John Seminary. Commissioner Fowler was appointed a committee of one to accept bids for all printing and publishing necessary to be done and award the same to the lowest bidder. An order was directed to be drawn in favor of the sheriff of Ramsey county for the expense of keeping Anton Edelbrock (charged with murder) in the jail at St. Paul from January 1 until the first Monday in April, 1862.


A proposition from Richmond and Co., by John L. Wilson, to furnish the room known as Wilson's hall (this being the upper floor of the two- story frame building still standing at the northeast corner of St. Germain street and Fifth avenue) for the spring and fall terms of the district court, to heat and furnish the same with seats and attendance, for the sum of $75 "in county orders, to be taken for the sum expressed on their face," was accepted. The salary of the county attorney was fixed at $600 and the salary of the county auditor at $500, both to be paid in county orders. A. Schroeder presented his resignation as a member of the board, which was accepted, and H. J. Fowler was elected chairman. The judge of probate, county auditor and register of deeds were requested to select a successor to Commissioner Schroeder in accordance with law. There is no record of any action they may have taken in the matter, but as Joseph Capser (of Sauk Centre) is reported as a member at the meeting held March 5, it is fair to presume that he was the choice of the officials named. The action of the county attorney


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in accepting from Jonathan Wool county orders in settlement of the fine of $150 imposed on him by the district court was approved.


At the meeting of August 9, 1862, James M. McKelvy presented his resignation as county attorney, which was accepted and William S. Moore appointed his successor. The following preamble and resolutions were unani- mously adopted by the board: "Whereas, James M. McKelvy, has tendered us his resignation as county attorney for Stearns county and signified his determination to join the grand army of the Union: therefore, Resolved, That in James M. McKelvy, the county has found a faithful, competent and impartial public officer. Resolved, That while we accept his resignation ten- dered us aforesaid, and regret the stern necessity of duty which sunders official as well as private ties, we yet proudly recognize in his resignation the noble and self-sacrificing spirit which preferring the safety and welfare of his country to the emoluments of office, has induced him to accept the higher honor of a service in the defense of our common country." It was voted to pay to each volunteer from Stearns county after that date a bounty of $25, with $10 additional if the volunteer had a family. Joseph Edelbrock was appointed school commissioner for the First district, A. Schroeder for the Second, John Schneider for the Third, H. Fitzam for the Fourth, and Anton Vogt for the Fifth.


When the board met December 3, with Commissioners Joseph Capser, H. Krebs, J. C. Noll and H. J. Fowler present, it was discovered that the clerk was missing. The board thereupon appointed Edmund D. Atwater clerk "in place of J. W. Read, who has left the state and is supposed to have left the United States," and December 15 Mr. Atwater was appointed county auditor to fill Mr. Read's unexpired term. At the same time C. Grandelmeyer was appointed sheriff to fill an unexpired term, and W. S. Moore was allowed $200 as pay for his services as county attorney.


1863. The annual meeting held January 3 found Joseph Capser, H. Krebs, J. C. Noll, J. Gibson and Joseph Edelbrock present, and Mr. Edelbrock was elected chairman. The "official bond of S. B. Pinney was approved," but for what office is not stated. The board, with change of membership, under- went a radical change of judgment as to what would be a proper fee for the sale of spirituous liquors, a reduction being made from $50 to $10.


The board appeared to be pursued by ill fortune in the matter of its clerk, for when the session of May 11 was called to order the clerk was again missing. A resolution was adopted declaring the office of county auditor vacant, for the reason that Edmund D. Atwater, who had been appointed as successor to the departed J. W. Read, had likewise absconded the county and state, "leaving no one to attend to the duties of the office by duly appointing a deputy," and J. P. Wilson was appointed to fill the vacancy. He gave bond in the sum of $5,000, which was approved. Joseph Edelbrock, having resigned as school examiner for district No. 1, on motion of Commissioner Noll, H. Z. Mitchell was appointed school examiner for said district. The county was divided into twelve military districts, composed as follows: No. 1, St. Cloud; No. 2, St. Joseph ; No. 3, St. Augusta; No. 4, Lynden and east half of Fair Haven; No. 5, Maine Prairie and west half of Fair Haven; No. 6, LeSauk


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and Brockway ; No. 7, Rockville; No. 8, Wakefield; No. 9, Munson and south half of Verdale; No. 10, St. Martin and north half of Verdale; No. 11, Oak; No. 12, Sauk Centre. Elections were directed to be held May 30 to select officers for these districts. Jane G. Swisshelm's bill of $159.54 for printing was allowed, as was a bill of W. H. Wood, $23.50 (reduced from $42.50), indicating that both the local papers were officially recognized.


At a subsequent meeting, held June 26, officers were appointed for such of the newly-constituted military districts as had not held elections May 30. In district No. 1 the officers appointed were: Captain Henry C. Burbank; first lieutenant, Peter Kramer; second lieutenant, Charles Taylor. District No. 3-Captain, Henry Vorojohann; first lieutenant, Arnold Haskamp; second lieutenant, Peter Mous. District No. 5-Captain, Alexander Spaulding; first lieutenant, A. B. Greeley ; second lieutenant, Edward Benjamin. District No. 6-Captain, Winslow Libby; first lieutenant, Peter Gardner; second lieu- tenant, Philip Beaupre. District No. 11-Captain, William Bohmer; first lieutenant, G. Stilling; second lieutenant, Henry Hoppe. Twelfth district, captain, D. Stabler ; first lieutenant, J. Dennis ; second lieutenant, A. C. Davis.


Commissioners for the five school districts were appointed September 2. For district No. 1, H. Z. Mitchell; No. 2, Andrew Schroeder; No. 3, R. M. Richardson ; No. 4, Henry Fietsam ; No. 5, Herbert Meyer. Meeting as a board of equalization, the county auditor was instructed, in making out the tax rolls for 1863, to enter no land for a less valuation than $1.25 per acre. The tax levy was fixed at ten mills on the dollar for county purposes, four and a half mills for state purposes, "the state and school taxes to be paid in gold and silver and United States treasury notes." The salaries of the county attorney and county auditor were fixed at $600 each, and it was voted to allow all county officers to draw their salaries quarterly.


1864. The annual meeting for January began on the fifth with Joseph Edelbrock, Joseph Capser, H. Krebs, J. C. Noll and Michael Hansen present. The board organized by electing Joseph Edelbrock chairman. J. P. Wilson presented his resignation as county auditor, which was accepted and Barney Vossberg was elected his successor, his bond being presented and approved. At the same time the bond of John Zapp as register of deeds was approved, as were the bonds of W. S. Moore, county attorney, Philip Beaupre, sheriff, and Andrew Schroeder, treasurer. James H. Place was paid $80 for fifty- two township plats of the different townships of Stearns county, to be bound in a book and be for use in the county surveyor's office. H. C. Waite was appointed school examiner for district No. 1 in place of H. Z. Mitchell, who declined to serve. Joseph Broker was allowed $45 for the rent of Broker's hall for a court room, and Joseph Edelbrock was paid $40, in county orders, for six months rental of offices for the register of deeds and county auditor, he to "furnish said rooms with a good stove in the office of the register of deeds."


William S. Moore, March 3, presented to the board his resignation as county attorney, which was accepted, and S. B. Pinney was appointed to fill the vacancy, the salary being $600. The salary of the county auditor was increased to $900. The re-appearance of Edward D. Atwater, a short-time


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county auditor, was evidenced by the presentation of a bill for "a large table now in the county auditor's office," which was paid, while a bill for "services as county auditor and doing extra work" failed to appeal to the board and was rejected. Lewis Clark presented his bond as surveyor general of logs which was approved. School examiners were appointed September 8 for the five districts : First district, P. C. Ransom; Second Thomas Schoffen; Third, Henry Broker ; Fourth, Henry Fietsam ; Fifth, H. B. Meyer.


1865. Joseph Edelbrock, Martin Fiedler, M. Hansen, Alexander Moore and E. H. Atwood, the latter two being new members, answered to their names when the roll was called at the annual meeting January 3, Joseph Edelbrock being re-elected chairman. The bonds of Oscar Taylor, county attorney, and Barney Vossberg, county auditor, were approved, the salary of the former being fixed at $400 and the latter at $1,100 for the year 1865. The use of the court room for social, political and similar purposes began at this time, when on the petition of Mrs. Tenvoorde and others, permission was granted for its use for the holding of a two-days fair for the benefit of the Catholic church of St. Cloud. The Universalist Society, a little later, was granted its use for six months in which to hold public services, and again, on the petition of T. C. McClure, and others, the use of the court room by this society was extended for a year longer. Bernard Overbeck presented his resignation as coroner, which was accepted, and Thomas C. Alden was appointed his successor.


The real estate transfer books prepared by John Zapp were presented to the board March 14 and accepted, and he was allowed $350. James H. Place resigned as county surveyor and George W. Sweet was appointed. The county tax for 1865 was fixed at twenty-two mills, of which ten mills was applied to the payment of volunteer bounty orders, and two mills additional was for the school fund.


1866. Following the proceeding annual election, when the board met January 2, there was one change in the membership, H. J. Fowler being elected from the St. Cloud district; E. H. Atwood was chosen chairman. The bonds of John Zapp, register of deeds ; M. Mickley, sheriff ; James M. McKelvy, county attorney, and Andrew Schroeder, county treasurer, were approved. The salary of the county attorney was fixed at $500 and the county auditor at $1,100 for 1866. Alexander Moore tendered his resignation as county commissioner from the Fifth district, which was accepted, and Martin Fiedler was appointed commissioner. H. J. Fowler's bond as surveyor general of logs for the Fourth district was approved. The county attorney was authorized to receive his pay at the end of each month instead of quarterly as heretofore.


James M. McKelvy, having been elected judge of the newly-constituted seventh judicial district, resigned his office as county attorney August 2, his resignation being accepted by the county board September 4. A ballot being taken for his successor, Wm. S. Moore received three votes, Oscar Taylor one vote and E. M. Wright one vote, and Wm. S. Moore was declared elected. R. M. Richardson and B. Pirz were appointed appraisers of school lands in the county. The tax levy for all county purposes, including a two-mill school tax, was fixed at twelve mills for the year 1866. W. B.


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Mitchell was allowed $172.00 for publishing the auditor's financial state- ment and Thomas Simonton $414.76 for publishing the delinquent tax list. 1867. The new board met January 1, with E. H. Atwood, H. J. Fowler, Martin Fiedler, F. W. Lenz and Bartholemew Pirz present-the three last named being newly elected. H. J. Fowler was chosen chairman. Barney Vossberg, county auditor; L. W. Collins, county attorney, and G. S. Mat- toon clerk of the district court filed their bonds, which were approved.


Joseph Howard received the first auctioneer's license granted in the county, the fee being fixed at $80 and the bond at $1,000, and the second was granted the same day to P. L. Gregary. Barney Vossberg's salary as county anditor was increased to $1,225, and L. W. Collin's salary as county attorney to $630, both payable monthly. The St. Cloud Times was made the official paper for the ensuing year, the minutes of the meetings of the board to be published in both the Times and Journal, provided each would do the work for half the legal rate. The county attorney was directed to appeal to the supreme court the case of Joseph Broker and others against the county of Stearns. At the meeting March 13, the county auditor was directed to publish the financial statement in the St. Cloud Journal simul- taneously with the Times and that the same rate of compensation be al- lowed for its publication. N. F. Barnes, the first county superintendent of schools, received his appointment from the county board May 8, 1867, with a salary of $400 per annum, which was afterwards increased to $600.


To meet the serious and pressing needs of new settlers in the western part of Stearns connty and in the adjoining counties of Pope and Monon- galia for seed grain, it was voted that county orders, to be known as "Relief Orders," be issued to the mount of $1,000, bearing interest at the rate of twelve per cent per annum and due two years after date, the proceeds to be used in the purchase of grain, potatoes, etc., for seed to be distributed among the needy settlers in the counties named. C. C. Andrews, N. F. Barnes and L. Gorton were appointed a committee to negotiate the sale of the orders and purchase and distribute the seed, L. Gorton being the treas- urer. The persons receiving relief were to give their notes to Stearns county, payable in one year, with interest at twelve per cent.


H. R. Bigelow, and George L. Becker, president of th St. Paul and Pacific Railroad Company, appeared before the board September 4 and addressed it on the subject of taxing railroad lands, apparently without their argu- ments having the desired result, as "after dne consideration the board re- fused to take any action on the subject." The county tax levy for 1867, for all purposes (including four mills to be applied to the payment of a new jail) was fixed at sixteen mills on the dollar of the assessed valnation.


1868. The annual meeting was held January 7, with H. J. Fowler, Martin Fiedler, B. Pirz, Herman Terhaar and Truman Parcher present, the two last named being new members. H. J. Fowler was unanimously re- elected chairman. The official bonds of E. M. Wright, county attorney; M. Mickley, sheriff; John Zapp, register of deeds; Andrew Schroeder, treasurer; Nicholas Schmidt, county surveyor; B. Overbeck, coroner; L. A. Evans, judge of probate, and L. A. Evans, court commissioner, were approved. On


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the contesting claims of L. W. Collins for the county attorneyship, the board having obtained an opinion from Edward O. Hamlin, decided, in accord- ance with that opinion, to recognize E. M. Wright as county attorney de facto until the matter should be finally decided by the proper tribunals. H. J. Fowler and Martin Fiedler were appointed a committee to negotiate for a poor farm and report to the board at its next session. (The records do not show that any report was ever made.) The salary of the county auditor was fixed at $1,500. The county surveyor was directed to act in conjunc- tion with the county surveyor of Morrison county to locate and definitely establish the boundary line between the counties of Stearns and Morrison as established by law. The meeting of June 9 was largely taken up with petitions for new school districts or changes in the existing districts, twenty- six different petitions being acted upon.


At the meeting September 3, the tax levy for county purposes, includ- ing three mills for the new jail, was fixed at eighteen mills on the assessed valuation. Upon application of the City Council of St. Cloud, H. J. Fowler, the chairman of the county board, was authorized and instructed to execute to the city of St. Cloud a perpetual lease to 25x50 feet of land situated on the south-east corner of Court House Square (the long way lying north and south), on condition that the city erect thereon a good brick or stone engine house, the said lease to be void should said house at any time be used for any other purpose without further action of the board of county commis- sioners.




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