History of Stearns County, Minnesota, Volume I, Part 22

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

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No. 1-All of state roads Nos. 1 and 3, that portion of No. 4 lying between the township of Avon and the city of Melrose and that portion of No. 5 begin- ning at the west line of the city of Melrose and running thence to the east line of the city of Sauk Centre.

No. 2-Beginning at the S. E. corner of section 9, township of St. Cloud, running thence west between sections 9-16, 8-17 to Sauk river; thence in a southwesterly direction over sections 17-18 to the west line of said town; thence in the township of St. Joseph southwesterly over 13, 24, 23, 26, 27, 34 to the south line of said town, thence in the township of Rockville southwesterly over sections 3, 4, 9, to the east limits of the village of Rockville; from the west line of the village of Rockville the road to be that heretofore designated as state roads 2 and 9.

No. 3-The roads heretofore designated as state roads Nos. 6 and 10.

No. 4 The road heretofore designated as state road No. 7.

This action was taken in accordance with section 18, chapter 235, general laws of 1913. Road and bridge appropriations were made to Grove, $179; Le Sauk, $255.20; Paynesville, $300.

The county board of equalization was in session July 21-30.

At a special session August 1, final action was taken in the matter of ditch No. 33, the reports of the viewers and engineer being accepted and the ditch established.

A special session was held August 5, at which the county attorney was authorized to take an appeal from the order of the probate court in the matter of the Donley children for the purpose of testing the question in the higher courts. A resolution was adopted directing the county surveyor to make a survey of Grand Lake, in the township of Rockville, with a view to estab- lishing a level at which the water of the lake should be maintained, "in order to improve navigation and to improve the public health," and to "report the description of any land which may be required upon which the erection of a dam at the outlet of Grand Lake necessary to cause the maintenance of said level, may be required, and a sketch of the said dam necessary to be built to maintain said level and an estimate of the cost of said land and dam." A. M. Welles having sold the Sauk Centre Herald, the official paper for the county, to A. M. Wallace, the latter filed a new contract and bond. An appeal having been taken to the district court from the order of the board estab- lishing diteh No. 32 the county surveyor was instructed to proceed to the line of said ditch with three assistants and inspect same with the adjacent lands so as to be qualified to act as witnesses when said appeal comes up for trial. An appropriation of $100 was made to the village of Waite Park from the road and bridge fund.

At a special session held September 2, the report of S. S. Chute, civil engineer, in the matter of raising the waters of Grand Lake was presented and after consideration the matter was laid over. A petition having been received for the incorporation as a village of certain territory in the township of Lake Henry, to be known as the village of Lake Henry, it was ordered that an elec- tion to vote on the question of incorporation be held September 27, at the J. C. Meyer hall, with J. C. Meyer, H. B. Gelting and Jacob Kraemer inspectors.

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A special session, October 2, was devoted to routine business.

A special session, occasioned by the sudden death of J. P. Rau, county auditor, was held October 21, at which appropriate resolutions were adopted and Louis C. Deuber was appointed temporary custodian of the office of county auditor. On the following day the board proceeded by ballot to elect a county auditor to fill the vacancy caused by the death of J. P. Rau, and Nicholas Thomey, who had previously resigned his office as county commissioner, re- ceived four votes, being all that were cast and was declared to be unanimously elected. His bond in the sum of $10,000 was presented and approved.

When the board met in special session November 12 to act on the petition for the removal of the county seat from St. Cloud to Albany, it first received the report of the board of appointment, which had met at the county auditor's office October 31, in accordance with the provisions of law, to choose a successor to Nicholas Thomey, commissioner from the Fourth district, who had resigned. The report showed that on the first five ballots Ignatius Kremer received 2 votes, Michael Loso 3 votes, Peter Taufer 2 votes and E. F. Mielke 5 votes ; that on the sixth ballot E. F. Mielke received 5 votes, I. Kremer 1 vote, M. Loso 3 votes and Peter Taufer 2 votes; that on the seventh and final ballot E. F. Mielke received 5 votes and Michael Loso 6 votes, with one blank, whereupon Michael Loso was declared the appointee. The board then took up the matter of the proposed county seat removal, the counting of the names on the different papers and the general discussion occupying the time until November 18, when the board adopted the following preamble and resolution, on motion of Jacob Weber seconded by Michael Loso.

Whereas, A petition has been presented to the board of county commis- sioners of the county of Stearns asking for a removal of the county seat of said county from the city of St. Cloud, the present seat thereof, to the village of Albany, in said county.

And Whereas, After notice of hearing given thereon this board, pursuant to said notice, met at the room of the county commissioners at the court house in the city of St. Cloud on Wednesday, the twelfth day of November, 1913, at ten o'clock a. m., for the purpose of examining said petition and inquiring as to the sufficiency thereof, and for the purpose of hearing any other matters pertinent thereto, as provided by law ;

And Whereas, Adjournments from day to day have been taken to this day to complete investigation as to said petition and the matters pertaining thereto ;

And Whereas, It appears that said petition as originally filed contained the names of 4,175 signers ;

And Whereas, It further appears, after due examination by this board, that of the signers of said original petition 1,194 thereof have duly revoked and canceled their signatures and have requested this board to strike their names from said petition, as appears from the duly acknowledged and attested revocations, coupled with a power of attorney, which have been filed with this board;

And Whereas, It further appears to this board that certain of said signers who requested their names to be removed from said petition have duly re-

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quested that their names be reinstated thereon, the number of said signers so requesting a reinstatement of the names being to the net number of 408;

And Whereas, It further appears to this board, after an examination of said petition, said revocations and said reinstatements that the number of signers remaining upon said petition is only 3,929, which number of signers is less than sixty per cent of the whole number of voters voting in said county of Stearns at the last preceding general election ;

Now, therefore, be it resolved, That said petition aforesaid for the removal of said county seat be and the same is hereby rejected, because of the insuffi- cient number of signatures thereto and remaining thereon as herein set forth. The resolution was signed and voted for by Commissioners Kowalkowski, Weber, Loso and Canfield, Commissioner Herman not voting.

At a special session held December 16 and 17 it was ordered that work be done on certain parts of the state roads in the county as follows: No. 1, turn- piking from St. Cloud to St. Joseph; turnpiking and grading from Avon to Albany and from Melrose to Sauk Centre. No. 2, turnpiking about five miles between St. Cloud and Rockville; constructing road over so-called Cold Springs hill between Cold Springs and Richmond; grading about five miles between Richmond and Roscoe. No. 3, grading, turnpiking and graveling from the Luxemburg church to Maine Prairie Corners so-called; completing state road south of Kimball. No. 4, necessary repairs and the construction of bridge No. 1,088.

In the matter of ditch No. 32, R. B. Brower, who had appeared for the petitioners, was authorized and directed to defend against the appeals which had been made from the final order of the board. Donohue & Stevens, attorneys for the petitioners in the matter of ditch No. 33, were similarly authorized.

Road and bridge appropriations were made as follows: Eden Lake, $649.11 ; Luxemburg, $114.79; Lynden, $800; St. Wendel, $510.72; Spring Hill, $300; Zion, $348.60; Holding, $459.76; St. Cloud (town), 141.13; village of Roscoe, $211.38.

1914. The board met January 6, with J. D. Kowalkowski, Valentine Her- man, Jacob Weber, Michael Loso and J. H. Canfield present. J. D. Kowalkow- ski was unanimously re-elected chairman and J. H. Canfield vice-chairman for the ensuing year. The St. Cloud Times was made the official paper of the county for the ensuing year by a vote of 3 to 2 for the Sauk Centre Herald ; the proceedings and financial statement to be published also in Der Nordstern, all for the legal rate. The publishing of the delinquent tax list was awarded to the Times at the statute rate of 15 cents per description. The miscellaneous job printing was awarded to Der Nordstern Publishing Company, at prices stated. The usual committees of three each were appointed to supervise the expenditure of road and bridge appropriations for the five districts. Dr. M. J. Kern was appointed county physician at a salary of $200 per year.

The salaries of county officials were fixed as follows for the year 1914: County superintendent of schools, $2,400; assistant superintendent of schools, $1,080; deputy register of deeds, $400; clerk hire in county auditor's office, $5,520; clerk hire in county treasurer's office, $1,800; extra help in county

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treasurer's office, $200; Ignatz Luckeroth, custodian court house, per month, $55; Ignatz Greven, janitor court house, per month, $50; county surveyor, per day, $5.

An examination of the funds in the hands of the county treasurer showed the total to be $80,684.53. A communication from the State Association of County Commissioners asking this board to pass a resolution favoring the change of the Inebriate hospital at Willmar to an Old Folks home was rejected.

Appropriations for roads and bridges were granted as follows: Lake Henry, $300; Maine Prairie, $511.01; Raymond, $322.17; Rockville, $112.82; St. Joseph, $165; Wakefield, $731.61; Paynesville, village, $156.95.

The following appropriations were made for state road work to be done under the directions of the state highway commission: From St. Cloud city to St. Joseph village, 5.8 miles, $3,000; between Avon and Albany, $2,000; from the west line of the city of Melrose to the east line of the city of Sauk Centre, 8 miles, $5,000; from town line between St. Cloud and St. Joseph to the east line of the village of Rockville, 7 miles, $3,000; repairing Cold Spring hill, 5 miles, $1,500; from Richmond to Roscoe, 5 miles, $3,000; from Luxem- burg church to Maine Prairie corners, 6.5 miles, $5,000; building bridge No. 1,088, $1,000; work on state road No. 4, $500.

Reports of fees and emoluments received during the year 1913 were made by the following county officers: Nicholas Thomey, county auditor, $706.40; Christ. Schmitt, county treasurer, $3,310.77; William A. Boerger, superintend- ent of schools, $2,200; B. E. Schoener, sheriff, $3,091.17; John Lang, register of deeds, $3,413.10; S. S. Chute, surveyor, $262.26; H. A. Pinault, coroner, $130.70; J. D. Kowalkowski, county commissioner, $1,764.72; Valentine Her- man, county commissioner, $1,909.80; Jacob Weber, county commissioner, $1,530.17; Nicholas Thomey, county commissioner, $1,384.30; Michael Loso, county commissioner, $145.60; J. H. Canfield, county commissioner, $1,689.40. Adjourned January 7.

Special session, February 3. Appropriations to assist in defraying Memo- rial day expenses were made: Paynesville, $25; Melrose, $25; Sauk Centre, $75; St. Cloud, $100. A re-survey of the towns of Raymond and Collegeville was ordered. Road and bridge appropriations were made to Albany, $187.20; Fair Haven, $579.56; Farming, $300; Paynesville, $310.80; St. Wendel, $178.33; Special session, April 7-An order of the district court was received estab- lishing a judicial road in the town of Luxemburg, Stearns county, and the town of Forest Prairie, Meeker county, and the necessary steps were taken for its opening in the town of Luxemburg.

A petition having been received for the incorporation of the village of St. Stephens in the town of Brockway, it was ordered that an election be held May 2, in Frank Vouk's hall, with Frank Vouk, James Justin and George Justin inspectors, to vote on such incorporation. The several state roads of the county were separated into eight divisions for the purpose of maintenance, a man and team to be employed on each from April 15 to Nov. 1, 1914, at $90 per month. A re-survey of the towns of North Fork and St. Joseph was ordered.

Road and bridge appropriations were made to: Crow River, $182.66;

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Munson, $150; Oak, $158.10; Paynesville village, $160.75; Melrose city, $236.12; for repairing the road from the western limits of the city of St. Cloud to the Willmar branch of the Great Northern right of way on the easterly line of the village of Waite Park, $1,500. The board purchased nine Glide graders and nine Slip scrapers. Special session, May 5-A new state road to be known as State Road No. 5 was designated, to be built under the juris- diction of the state highway commission. Paul Ahles, county attorney, re- ported having received $2,500, and A. H. Klasen, judge of probate, $2,816.55, as fees and emoluments during the year 1913. Special session, June 2-Rou- tine business.

Special session, June 29-Provision made for the issuance of $9,396 in bonds to meet the cost of Ditch No. 33. Another special session was held July 3 for the purpose of providing for the issuance of $25,000 in bonds to defray the cost of construction of Ditch No. 32. At a third ditch session held July S both series of bonds were sold to Zapp's State Bank, St. Cloud, at par with six per cent interest.

Regular session, July 13 and 14-A tax levy for the year 1914, for county purposes, amounting to $66,500 was made. In addition, a levy of two mills on the dollar was made for road and bridge purposes, one mill for a dragging fund in each town outside the incorporated villages and cities and one mill to create a sinking fund to be used for court house building purposes only. The plats of Bock's addition to Albany and Loehr's addition to Elrosa were approved. Appropriations for road and bridge work were made: Luxemburg, $279.80; Rockville, $160; St. Nicholas village, $182.95. The board of equaliza- tion was in session from July 20 to July 30 inclusive. Special session, August 11-The plats of the townsite of Fair View to Paynesville and of Rien's addi- tion to Elrosa were approved.

J. D. Kowalkowski and J. H. Canfield were appointed delegates to attend the annual conference of the Minnesota State board of charities and correc- tions to be held at Bemidji, September 26-28, 1914. An appropriation of $500 was made to the Agricultural Society of Stearns county at Sauk Centre to aid in conducting a county fair during the month of September. An appro- priation of $2,600 was made to the city of Melrose from the road and bridge fund.

Special session, September 22-Acting upon the advice of the Public Examiner that the tax levies for certain purposes made at the session of July 13 be made for specific amounts, the board adopted a resolution making the appropriation for roads and bridges $42,000 and for a sinking fund to be used for court house building purposes and to be a part of the revenue fund of the county, $21,000. The session was largely devoted to considering road and school petitions. Special session, October 2-Ditch No. 33 was accepted and a final payment in the sum of $2,323 ordered to be made to the Guy N. Potter Dredging Company.

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CHAPTER XI.

COURT HOUSE AND JAIL.

Early Efforts to Erect a Court House-Main Building Erected in 1864-Addi- tions and Alterations-Efforts at Securing a More Modern Building- Bond Issues-County Jail-Old Log Jail-Present Jail Erected in 1878- Title to Site.

In order to give the "Commissioners' Court"-as the county board while in session is described in the official records-the district court and the county officers a suitable and permanent home, steps were taken at the meeting of the board held July 8, 1856, to secure the erection of a court house; but eighteen years of changes, failure of plans and delays of contractors intervened before these efforts produced material results. In the meantime the county officers and records were housed in rented rooms and the terms of court held in a hall here and a hall there as accommodations in anywise suitable could be ob- tained. At the meeting referred to it was voted to issue bonds to the amount of $6,000, bearing interest at the rate of twelve per cent and to run for seven years, to erect in St. Cloud a building of the following description and di- mensions: "40x64 feet on the ground; 26 foot posts; basement story 9 feet high, to be built of stone, with two cells at one end, walls 2 feet thick, the remainder of the basement to be finished into rooms suitable to be lived in. First floor for offices and jury rooms; second floor for court room, with hall off the end." Bids would be received until August 11, plans for the buildings to accompany each proposal. At the same time bids would be received for the county bonds (for the issuance of which a vote by the people was not re- quired) ; the offer made by the highest bidder to be accepted, but the bonds were not to be sold "for less than their face." The board met August 14 in extra session just long enough to adopt the plans for a court house submitted by John L. Wilson. At an adjourned meeting held August 26 the bids for the erection of the court house were opened and that of Joseph Niehaus being the lowest the contract was awarded to him. The commissioners at the same time voted to pay over the $6,000 worth of bonds immediately to purchase the materials for same. This was carried by the votes of Commissioners Orth and Edelbrock, Commissioner Richardson opposing the order and entering his protest against it. To protect the county from loss Niehaus was required to give bonds to the amount of $13,000 for the completion of the court house, "the security for the above to be sworn security." It was ordered that the first money received into the county treasury, not appropriated for terri- torial purposes or school tax, be used to pay the interest on the court house bonds. At a meeting held August 27 it was ordered that "the bonds be de- livered over to Joseph Niehaus." The board, at a session on April 8, 1857, extended for one year from the date specified in the contract the time for the completion of the court house. An offer made by John L. Wilson to fur-

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nish, free of rent, a room in which terms of court could be held until such time as the court house should be completed, was accepted.

Nothing more appears of record regarding the proposed county build- ing until at an extra session held February 23, 1858, Joseph Niehaus made application to be released from his contract, agreeing to give a good and sufficient bond to protect the county from any liability or damage arising from the issuing of the $7,000 county bonds. The application was granted, subject to the stated condition as to an indemnifying bond, which was ac- cepted and filed February 24, whereupon the contract was cancelled, and the project was just where it had been at the beginning.

The county board then proceeded to enter into a contract with John L. Wilson for the erection of a court house according to the plans and speci- fications then on file, the price to be $7,000, for which bonds payable seven years after May 1, 1858, with interest at twelve per cent per annum, should be issued and delivered to said Wilson. At the first meeting of the county board of town supervisors, held August 3, 1858, Leander Gorton and George W. Cutler were appointed a committee to confer with Wilson with a view to obtaining additional security for the erection of the new building. The committee reported at an adjourned meeting August 20, at which time Mr. Wilson tendered a deed to certain real estate, with the condition that if any of the land should be sold the proceeds should be placed to his credit on his contract. The clerk of the board was directed December 4 to "open a cor- respondence with H. M. Rice making him a proposition to take Prairie du Chien property and pay on the Stearns county court house bonds negotiated by him." The records are silent as to the result of this correspondence, but a fairly correct surmise as to what it was would not involve the possession of any great degree of insight.

Practically three years elapsed after the signing of this contract with John L. Wilson with nothing whatever being done toward the erection of the court house. At a meeting of the board of county commissioners held January 8, 1861, an agreement was signed whereby, in consideration of be- ing released from all liability under his contract, Wilson conveyed to the board the tract of land designated on the map of the town of St. Cloud as "Columbia Square," a further condition being that within ten months from that date he should remove from the title to this land certain clouds which rested on it. In case the title was cleared so that the county should have an estate in fee simple in the property, it was proposed to deed the tract (less two acres) to any person who would accept it as payment in full for a court house building to be constructed in accordance with the original con- tract.

Nothing further was done until January 9, 1863, when "after consider- able discussion," a resolution was adopted authorizing the county auditor to advertise for bids, to be opened January 26, "for the crection of a court house fifty feet square, walls twenty-eight feet high, two stories, with shin- gle roof, the first floor to be divided into suitable rooms for offices, the sec- ond floor to be finished for a court room, the building to be either of wood on a stone foundation or of brick, with one double fire-proof vault in the first

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story; the building to be completed by January 1, 1864; bidders to submit plans; payment to be made in real estate situated on Columbia Square and the contract to be awarded to the bidder willing to accept the least amount of said real estate." Bids were received at a meeting held September 26 from J. W. Tenvoorde, N. P. Clarke and Thomas C. McClure, and on the following day the bid of John W. Tenvoorde, with plans and specifications drawn by James H. Place, was accepted. The court house was to be erected on a lot in Columbia Square designated on the plans as being 200x220 feet, with a street 66 feet wide all around the lot-and also a street leading from the outside of Columbia Square to the center of the lot, the property consid- eration to be deeded to the successful bidder upon the completion and ac- ceptance of the building, he giving security in the sum of $5,000 for the com- pletion of the contract according to the plans and specifications. The chair- man of the board of county commissioners and the county auditor were made a building committee. By resolution of the board July 12, 1864, the court house was accepted and it was ordered that Joseph Edelbrock, as chairman of the board, execute to Joseph Broker, as assignee of John W. Tenvoorde, the contractor, a warranty deed to the land described in the agreement of February 18, 1863, viz: Lots 2, 3, 6 and 7, block 18, and lots 4 and 5, block 47, and all of Columbia Square, located in the town of St. Cloud, reserving the tract in the center thereof, 200 feet fronting toward St. Germain street by 220 feet fronting toward Washington avenue, on which the court house stood, with the streets previously described.

Thus nine years after the county was organized and eight years after the first steps were taken for the erection of a county building, the central part of the present court house was completed. It is of red brick with a stone foundation and in its day and generation was doubtless creditable enough and served the purpose for which it was constructed. But that day has long since passed. From time to time additions and changes have been made to meet as far as possible, in this make-shift fashion, the more press- ing needs of the county resulting from its greatly increased population. In 1871, March 27, a contract was awarded to Schmit and Volz to construct four vaults in the court room at a cost of $1,375 and $1,060 was paid for the four vault doors. Three years later, March 17, 1874, A. Montgomery was awarded a contract for an addition to the building, the cost of which was $5,425. After the lapse of ten years more, February 2, 1884, a con- tract for a further addition was given to Peter Schmit for $2,750. The final addition was erected March 11, 1897, by Carl Krapp, whose contract price was $9,922, with $535.30 for extra work on the court house and jail. The heating plant put in at this time by F. E. Kreatz, cost $2,066, and the plumb- ing done by J. P. Besinius, $928. No improvements to the building of any extent have been made since. Metallic vault furniture has been installed from time to time, one contract having been for $1,535.

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History of Stearns County, Minnesota, Volume I, Part 22

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

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