USA > Minnesota > Stearns County > History of Stearns County, Minnesota, Volume II > Part 121
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HISTORY OF STEARNS COUNTY
7
CHAPTER LVI.
MUNICIPAL ST. CLOUD
Government of the City - Officers Year by Year - Street Improvements - Public Utilities - Bond Matters -Doings of the Council-The Com- mission Form of Government - By P. J. Seberger, Mayor of St. Cloud.
When Governor Stevens made his sur- vey of a northern railroad route to the Pacific in 1853, he camped at the present site of St. Cloud. In 1855 St. Cloud was the point at which the Red river trains crossed the Mississippi on their way to St. Paul. It was the head of steam navi- gation on the Mississippi and boats ran regularly, during the open season, from St. Anthony Falls to this place. The first house within the corporate limits of St. Cloud was built by James Hitchens, for Gen. Lowry in upper town.
The site of lower town was taken up as a claim by Martin Wooley, a Norwegian. He sold his right to Geo. F. Brott, who surveyed and platted the tract in the spring of 1855. Mr. Brott's claim, however, was based on a mail contract. The mail contract law had been construed to permit contractors to take up six hundred acres of land on every twenty miles of their route. Under this construction tremendous frauds had been perpetrated or attempted. About this time the Secretary of the In- terior made a decision quite new and adverse to what had been the rule in pre- empting under mail contracts, holding that to be able to preempt the mail route on which the contract was taken must run east and west and extend to the Pacific. Under this ruling hundreds of claims, such as Mr. Brott's, went back to the govern- ment. The decision in the main was just, but the whole course of making titles was thrown into chaos.
The plan of special acts of congress to grant the right of preempting such mail contract claims as had been improved, and in cases where actual settlers would be wronged by adherance to that decision, was resorted to. Hundreds of people had pur- chased lots from Mr. Brott and built houses upon them, and these would have been the losers but for a special act of congress
passed in 1860 allowing Mr. Brott to pre- empt the site of lower town.
At about the same time that Brott platted lower town, John L. Wilson sur- veyed and platted what was called middle town, while General Lowry surveyed and platted upper town, called Lowry's addi- tion and Joseph Edelbrock surveyed and platted a tract west of middle town, called Edelbrock's Second Addition, the follow- ing winter.
In the summer of 1855, a saw mill, hotel and nine dwellings were erected, and these with about six or eight other buildings pre- viously constructed constituted the little hamlet of St. Cloud of sixty years ago. Mr. Wilson gave the town the name of St. Cloud after a suburb of Paris, which had been the home of the great Napoleon. By this name it was incorporated by an act of the legislative assembly of the territory of Minnesota in the spring of 1856. The act of incorporation provided that an election should be held on the first Wednesday in the following April to elect one president, one recorder and three trustees, to hold office for one year, and to whom were given the usual powers granted such corporate officers.
1856-67 .- Pursuant to the provisions of the act referred to, a meeting of the citizens of the town of St. Cloud was held on the second day of April in 1856 for the purpose of electing a town council. War- ren B. Crane and Joseph Edelbrock were chosen judges of election and John H. Taylor clerk. The following voters, thirty- five in all, were present and cast their ballots for town officers: S. B. Lowry, C. T. Stearns, Leland Cramb, Joseph Edel- brock, S. C. Raymond, Adam Langer, War- ren B. Crane, Michael Hanson, Adam Jaeger, John H. Taylor, Henry Palmer, Simon Lodermeier, C. L. Raymond, Charles W. Stanley, Joseph Eich, John
THE AUTO SPRINKLER TRUCK
NEW EQUIPMENT OF ST. CLOUD FIRE DEPARTMENT
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HISTORY OF STEARNS COUNTY
Goodspeed, Thomas Birch, Henry C. Waite, Frederick Moore, Josiah E. West, Joseph Dasch, Sr., Alphons Mayerra, Joseph, Nie- haus, Joseph Dasch, Jr., R. A. Smith, John Ball, John Tenvoorde, John King, H. H. Welzheimer, Michael Lahr, Anton Edel- brock, William S. Judd, Nicholas Lahr, John Scheffer and Michael Con. The elec- tion resulted as follows: For president of the council, S. B. Lowry, 35 votes; for recorder of the council, John H. Taylor, 35 votes; for trustees, John W. Tenvoorde, 35 votes, C. T. Stearns, 34 votes, Franklin Sisson, 26 votes.
On May 20 the first meeting of the council was held at the home of John W. Tenvoorde by mutual consent. All mem- bers were present and qualified by taking the oath required by the act of incorpora- tion, before James C. Shepley, notary public. The act of incorporation was read, a committee on by-laws appointed, also one on improvements, both of which com- mittees were to report at the next meet- ing. The next meeting was held June 2, but no reports were made and no business was transacted. No more meetings were held that year.
January 14, 1857, the council met pur- suant to notice at the Stearns House. It was voted that proposals be received for building a bridge across the ravine at the junction of Washington and Fifth avenues or at what is now known as the intersec- tion of Fifth avenue and Three-and-a-half street south. At this meeting a committee was appointed to inquire into the expe- diency of providing a market place and erecting a market house.
At the meeting of January 21 H. W. Cowles was appointed attorney to draft ordinances and by-laws for the town. On February 21 the committee on market house reported favorably for providing a market place and erecting a market house thereon, and recommended that the market house be located on the public park be- tween Fourth and Fifth avenues and Wash- ington and Jefferson streets. The report was accepted and the recommendation adopted. On February 28 proposals for the construction of a bridge across the ravine were received from Messrs. Sisson and Taylor and accepted.
1857-58 .- During April of 1857 an elec- tion was held, but no record was made of
it. The following officers were elected: President, John L. Wilson; recorder, R. H. Richmond; trustees, H. G. Fillmore, J. W. Tenvoorde, Henry Broker.
The first meeting of the new council was held at the St. Cloud Hotel June 20, when the following resolution was adopted: "Ordered by the town council of the town of St. Cloud, that no store, saloon, bar-room or shop be opened within the corporate limits of said town for the sale of merchandise or liquors or for the transaction of any business on the Sabbath day under penalty of $10 for the first offense, and double the amount for the second and for each offense thereafter, pro- vided that nothing in this order be so con- strued as to apply to the St. Cloud hotel and the Stearns house."
On August 10 the second meeting was held at the American house, and John L. Wilson, president of the town council, was instructed to enter at the land office at Sauk Rapids the town site of the town of St. Cloud for the corporation authori- ties to be held by the authorities in trust for the several parties in interest. On October 6 the next meeting was held at the store of John L. Wilson, when the corpora- tion seal was adopted. It consisted of a green circular piece of paper, about the size of a silver dollar, with the edges scalloped, and the words "St. Cloud" in the center, and the words and figures "In- corporated March, 1856" on the margin. It was to be applied with a red sealing wax wafer. A resolution was passed forbidding the sale or gift of intoxicants on election day, October 13.
1858-59 .- No meetings were held from October 6, 1857, until October 18, 1858, when the town council met at the store of John L. Wilson, pursuant to notice. John L. Wilson was still president of the council, and H. G. Fillmore, trustee, but all the other old officers were superseded by a new lot of men, as will be observed from the following list of officers for the year: President, John L. Wilson; recorder, T. C. Alden; trustees, H. G. Fillmore, B. Rosen- berger, L. Gorton. A subscription of $225 for a town jail, presented by B. Overbeck, was accepted and Mr. Overbeck authorized to collect the subscription, together with all that might be thereafter subscribed. He was also authorized to lease a lot for
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HISTORY OF STEARNS COUNTY
the purpose of erecting the jail thereon. At the next meeting the council leased from Mr. Overbeck a lot for this purpose at an annual rent of $25, and gave Mr. Overbeck permission to trade lumber sub- scribed for square timber for the walls of the jail.
1859-60 .- The following were the officers for the year ending April, 1860: President of the council, James C. Shepley; recorder, Joseph Broker; trustees, Joseph Edel- brock, Ludwig Robbers, Peter Kraemer. The first meeting of the council was held April 9 in the office of J. C. Shepley. The president and recorder were appointed a committee to draft by-laws for the govern- ment of the town, and rules and regula- tions for the government of the council. At the next meeting, held April 15, the committee reported by-laws providing for the election of a town treasurer and town marshal, and defining the duties of each. On April the 16th the committee reported the standing rules of the town council, which were unanimously adopted, as were also, with slight amendments, the by-laws for the government of the town reported at the previous meeting. The council then proceeded to the election of a treasurer and marshal; B. Rosenberger being elected treasurer and B. Overbeck marshal.
On April 15 B. Overbeck, agent for the town council for building a jail, reported on May 15 the amounts collected and dis- bursed for that purpose. A list of those refusing to pay their subscriptions was placed in the hands of Mathias Mickley with instructions to collect. On September 5 permission was given the town marshal to finish the jail building at his own ex- pense, and the amount so expended by him was to be repaid out of the proceeds of the sale when the council sold the jail.
On April 19 the president of the council was authorized to employ counsel for the purpose of presenting entry of the town site of St. Cloud at the General Land Office at Washington, and December 5 the coun- cil engaged N. P. Causine, of Washington City, for that purpose. The council was to advance him $200 as a retaining fee and executed an obligation to pay him $300 as an additional fee if the local author- ities were allowed to enter the lands claimed by the town. No other meetings were held until April 4, 1860.
1860-61 .- The town council met at J. E. Bradford's store Wednesday, April 4, at 11 o'clock a. m., for the purpose of hold- ing an election for members. The council immediately adjourned to Joseph Edel- brock's store to hold the election. At the opening of the polls, the recorder being absent, the judges of election, Joseph Edelbrock, Peter Kraemer and J. C. Shep- ley, appointed Joseph Howard as clerk of election. The following persons were elected: President, James C. Shepley, 55 votes; recorder, Joseph Broker, 56 votes; Trustees, Peter Kraemer, 56 votes, L. Rob- bers, 56 votes, Joseph Edelbrock, 58 votes.
The council chosen at this election did not meet until December 1, when the following motion, presented by Mr. Rob- bers, was adopted: "That the parties claiming a right to lots or interest in lots in the town site of St. Cloud be required to file with the statements required by the statute an abstract of title certified by the register of deeds of the proper county of his right to the same." The corporate authorities were authorized by the council to procure an abstract of title to all the lots located upon the lands entered by said corporate authorities as the town site of the town of St. Cloud. A plat of the town was ordered purchased from T. H. Bar- rett, and James M. McKelvey was em- ployed as attorney for the council to advise them on matters of law. Messrs. Moore and Shepley, at a meeting held on Decem- ber 25, were employed to make out the deeds for the town council for lots and blocks in the town.
The total cost of the entry of the town- site assessed on the town lots was $2,264.25, including professional services, entry cash loaned, seal, printing, abstract and the like. Ludwig Robbers was author- ized and directed to receive the money paid as the expenses assessed on the lots for the entry of the town, to keep the same until directed to pay it out by order of the council, and for this services to receive two per cent on the whole amount col- lected by him.
On March 5 the town council was auth- orized to execute a conveyance to the county of Stearns of all the town's interest in a building commenced for a jail and partly completed, and being on lot 4 in
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HISTORY OF STEARNS COUNTY
block 6 in the town of St. Cloud, and the president was directed to deliver the same to the county commissioners on the execu- tion of a release to the town council of all liability for the construction of the build- ing or rent of the ground on which it stood.
1861-62 .- The newly-elected officers pre- sented their certificates of election April 9. They were: President, Joseph Edel- brock; recorder, B. Rosenberger; trustees, L. Robbers, Peter Kraemer, Charles Lueg.
At the meeting of April 12 James M. Mc- Kelvey appeared before the council and tendering $96, demanded a deed for Colum- bia Square, which on motion of Mr. Rob- bers was refused. Mr. Robbers also moved that the council recognize John L. Wilson as the original proprietor of the town of St. Cloud, and that the council give him a deed of all lots to which he holds the record title uncontested, and further that no deed of conveyance be given the County of Stearns for Columbia Square as per resolution of the council adopted March 5, 1861. The motion was adopted, but at the next meeting, held August 29, the re- corder laid before the council a writ of mandamus served upon him by County Attorney James M. McKelvey on August 28, issued by the judge of the district court of the Fourth district, compelling the town council to execute and deliver a deed to the county commissioners of Stearns county for Columbia Square. The council ordered a deed to be executed and delivered in accordance with the require- ments of the writ of mandamus.
At the next meeting, March 27, 1862, Charles Lueg resigned as trustees, and Henry C. Waite was appointed to fill the vacancy, and on March 31 he appeared, qualified and took his seat. During the year only four meetings were held at which business was transacted.
1862-63 .- The election held in April re- sulted as follows: President, Joseph Edel- brock; recorder, B. Rosenberger, trustees, L. Robbers, H. C. Waite, Peter Kraemer. These officers were elected to hold office to July 7, 1862, when the election under the new charter, granted by the legislature and approved March 8, 1862, would be held. At their first meeting, April 22, John W. Tenvoorde was selected town marshal, and Joseph Broker and John L. Wilson
were appointed assessors. The council
passed an ordinance providing: First- That all claimants of lots and blocks in the town of St. Cloud included within the limits of the corporate entry, not contested, should prior to the 10th day of May, 1862, pay the treasurer of the town the amounts assessed upon the lots and blocks claimed by them and receive deeds for the same. Second-That in case such claimants fail or neglect to pay for and receive deeds for their respective interest within the time specified measures be taken to collect the assessments and expenses due under and in pursuance of the provisions of Chapter VI of an act entitled "An Act to incorporate the town of St. Cloud and to repeal a former charter of said town." Third- That the ordinance be published in the Minnesota Union until the 10th day of May.
On July 8 the council met and prepared a financial statement which showed that there was due the town on account of taxes on lots outstanding and unpaid, $711.36, and that there was an outstand- ing indebtedness against the town of $458.48, leaving in the treasury after all the taxes were paid a balance of $252.89.
On March 8, 1862, the legislature passed an act incorporating the town of St. Cloud, granting to it all the general powers possessed by municipal corporations at common law, in addition to others spe- cifically granted, and repealing a former charter. The grant contained the follow- ing important matters:
First-The territory of the town of St. Cloud was included within the following boundaries and limits :
The west-half of the southeast quarter, the northeast quarter of the southwest quarter, the southeast quarter of the south- east quarter, and lot number three of sec- tion number eleven; the northeast quarter of the northeast quarter of section number fourteen; the northwest quarter of the northwest quarter of section number thir- teen; lot number one of the section num- ber twelve; and the south half and the northwest quarter of the southwest quarter of section number eleven, township num- ber one hundred twenty-four north and range twenty-eight west.
Second-The elective officers of the town were to be a mayor, recorder and four
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aldermen, to hold office for one year. Only freeholders could hold office. All officers were to be elected at large. Vacancies in the office of mayor were to be filled by special election, in the office of alderman by appointment by the council. The first election under this charter was to be held on January 7, 1862, and thereafter on the first Monday in May of each year.
Third-The town council consisted of the mayor and four aldermen. The mayor presided at the meetings of the council, had power to execute all acts required of him by ordinance, and was authorized to call upon any male inhabitant of the town over eighteen years of age to aid in enforc- ing the laws or carrying into effect any law or ordinance, and any person refus- ing such aid could be fined not less than five and not more than twenty-five dollars.
Fourth-The town council had power to appoint an attorney, treasurer, marshal, surveyor and two assessors.
In this charter the powers of the council were specifically set forth, as well as the duties of the appointive officers, among which was a provision empowering the marshal to sell at public auction all tracts and lots of land upon which the taxes or assessments remained unpaid.
On the 7th day of July, 1862, an elec- tion was held at the store of Joseph Edel- brock in pursuance of the provisions of this charter for the purpose of electing officers for the ensuing year, resulting as follows: Mayor, L. A. Evans; recorder, A. B. Curry; Aldermen, H. C. Burbank, Joseph Broker, J. W. Tenvoorde, B. Over- beck.
The officers on the 21st day of July met at Joseph Edelbrock's store and adopted rules for the government of the council, divided the town into two assessment dis- tricts, called for sealed proposals for print- ing, requested the mayor to appoint stand- ing committees on Finance, Ways and Means, Lot Claims, Streets and Alleys and Assessments and Taxes, and elected the following Town officers: Marshal, Lewis Clark; treasurer, Silas Marlatt; attorney, J. C. Shepley; surveyor, J. H. Place; as- sessors, B. Rosenberger and Ed. Latch.
The town surveyor was directed to make a survey of the town so far as was neces- sary to be able to report whether or not the original survey was correct, to ascer-
tain whether or not the original monument required to be fixed by law in some public place was ever so fixed at the time of the original survey, and to ascertain whether or not such minutes had been made on the plat from which such monument or the place where it was located could be found.
At the next meeting, held October 28, the surveyor made his report of the sur- vey made in conformity with the resolu- tion of the council adopted on July 28, stating in substance that the bearing of Washington avenue was correct as now established according to the record made on the original plat, filed September 1, 1855, but that St. Germain street was not at right angles with Washington avenue, as at the southeast corner of block 29 the line of that street was two feet six inches too far north; and that there was a stone monument established at the south- east corner of Columbia Square at the time of the original survey, and such mon- ument was indicated on the plat, but that it had been destroyed and it was now im- possible to establish the same with cer- tainty. He recommended that Washing- ton avenue be made a base line, accurate- ly measured off and that monuments be es- tablished at all street crossings on the same, and that monuments be also estab- lished at all street crossings on St. Ger- main street, as corrected from said base line, as guides for future surveys. The report of the surveyor was accepted and placed on file and the attorney was in- structed to draft an ordinance making and establishing Washington avenue as a base line for all future surveys.
John W. Tenvoorde tendered his resig- nation as alderman, the resignation was accepted, and the vacancy filled by the election of L. Robbers. On November 20, Lewis Clark resigned as marshal, which vacancy was filled by the election of C. Grandlemeyer. On the same date the re- corder was authorized to procure blank scrip to the amount of $600, and issue the same in sums not less than $5, taking in lieu thereof United States treasury notes, gold or silver, paying the same over to the town treasurer, and the scrip to be redeemed by the treasurer when presented in sums not less than $5, payable in United States treasury notes. On November 25,
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Wm. J. Parsons was chosen attorney to fill the vacancy caused by the resignation of J. C. Shepley, who removed from the state. On December 31, the recorder was authorized to procure additional scrip in the amount of $2,000, and issue the same in conformity with instructions of the town council given in the resolution of Novem- ber 20.
On January 23, 1863, the finance com- mittee, in accordance with instructions of January 6, submitted an estimate of the indebtedness of the town for the year end- ing on the first Monday in May, 1863, which was as follows:
Indebtedness, due and to become due, $902.55; estimated receipts, $1,167.37; leav- ing an apparent balance of $264.58, but which will probably be a small deficit. It was estimated that the cost of a fire en- gine, engine house, etc., would be $850.
The report was accepted and adopted and a levy of 3 mills on the dollar and a capitation tax of 50 cents on each qualified voter was made.
The report of S. Marlatt, the town treas- urer, made May 5, having an available balance of $117.99, the council adopted specifications for a new fire engine house and appropriated a sum sufficient to pay for its construction and to provide blocks, tackle, etc., and a hook and ladder carriage.
1863-64. At the election held May 4, two tickets being in the field for the first time, nominated at non-partisan caucuses, the re- sult was as follows, the voting being so close that the successful candidates, some from each ticket, had majorities ranging from only one to three votes:
For mayor, L. A. Evans, 62; S. B. Pin- ney, 65. For recorder, J. H. Place, 62; J. P. Wilson, 64. For alderman, Jos. Broker, 58; E. M. Toby, 59; Lewis Clark, 62; L. Robbers, 56; John Zapp, 68; B. Overbeck, 64; E. Leonardy, 67; Jos. Howard, 63.
The council met May 13, with the fol- lowing newly-elected officers present:
Mayor, S. B. Pinney; recorder, J. P. Wilson; aldermen, John Zapp, E. Leon- ardy, Jos. Howard, B. Overbeck. The fol- lowing officers were appointed: Treasurer, Silas Marlatt.
Marshal, Peter Schmitt; surveyor, James H. Place.
A petition of citizens was presented ask- ing for a resurvey of the town. The town
surveyor being requested to file an esti- mate of the expense of such a resurvey; the estimate was placed at $200 and the surveyor was authorized to make his sur- vey, and set stakes at the corners of all blocks and alleys.
On August 1, 1863, S. B. Pinney, the mayor, was appointed town attorney, and on August 8, Peter Schmitt, having re- signed as marshal and assessor, his place as assessor was filed by Alderman Jos. Howard, and A. Riehm was appointed mar- shal. On September 18, A. Riehm resigned and L. Robbers was appointed. On Nov. 12, L. Robbers resigned, and Mathias Mick- ley was elected to fill the vacancy. On December 19 Alderman Zapp offered his resignation, which was accepted, and John L. Wilson was named to succeed him. Al- derman Leonardy resigned and E. M. To- bey was appointed, but never attended a meeting, and lastly Alderman Overbeck tendered his resignation, which was ac- cepted, and Lewis Clark was named to fill the unexpired term. No more meetings were held until April 23, 1864, when the council met to vote their salaries.
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