USA > Minnesota > Stearns County > History of Stearns County, Minnesota, Volume II > Part 122
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On May 4, the town treasurer made his annual report, which is summarized in the following: Total collections, with cash on hand at beginning of year, $1,662.77; paid out on orders, $1,044.97; paid out to redeem scrip, $492.95; paid treasurer's fee, $34.35; cash on hand, $49.45; cash on hand to re- deem scrip, $41.05; total, $1,662.77.
1864-65 .- The following officers qualified May 19, and met in special session on the call of the mayor: Mayor, L. A. Evans; recorder, J. M. Rosenberger; aldermen, H. C. Burbank, Jos. Broker, Oscar Taylor, H. C. Waite. The following officers were ap- pointed on May 26: Treasurer, S. Marlatt; marshal, A. Gilmore; surveyor, J. H. Place. On July 5, Alderman Waite offered a reso- lution ordering the marshal to request that all places of business, all drinking saloons, and all places of public amusement be closed on Sabbath day, which resolution was unanimously adopted. Aldermen Waite and Burbank reported that they had pur- chased of John L. Prince of St. Paul, the fire engine known as the Rotary Mill En- gine No. 1 of that place, together with the hose cart belonging thereto, for the sum of $500. The report was accepted, and at a subsequent meeting the mayor and re-
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corder were instructed to draw orders for $500 to John L. Prince, bearing 10 per cent interest. On October 25 the marshal was instructed to collect on all taxable prop- erty three mills on the dollar and one dol- lar capitation tax, but at the following meeting the rate was fixed at six mills in- stead of three.
Joseph Broker was appointed to provide for the building of cisterns or wells by sub- scription or otherwise, but not at the ex- pense of the town, to be located at the street intersections, to furnish water for the fire engine in case of fire. At the meeting on December 23 Ald. Broker was authorized to contract for the digging of wells on the best terms possible.
The fire apparatus belonging to the town was delivered to the fire company, which was organized at the courthouse on De- cember 16, the property and the company to be subject to the control of the council.
1865-66 .- On May 2 the legal voters of the town met at the Courthouse for the purpose of electing a mayor, recorder, and four aldermen, with the following result: For mayor, E. O. Hamlin, 59 votes (A. B. Curry, 29); for recorder, John Zapp, 89; for aldermen, B. Vossberg 83, M. Hanson 50, Wm. Powell 47, (Jos. Broker 44, L. G. Sims 43, A. B. Curry 41, L. Robbers 40). B. Vossberg, M. Hanson, Wm. Powell and Jos. Broker, having each received a major- ity of the votes cast, were elected alder- men for one year.
On June 30 Andrew Schroeder was ap- pointed town treasurer and Leander Gor- don alderman to fill the vacancy occa- sioned by the removal of Ald. Wm. Powell from the corporate limits. On September 12 the council levied a five-mill tax on all taxable property in the town. On Nov. 6 Edward O. Hamlin presented his resigna- tion as mayor of the town, but it was not accepted.
1866-67 .- On May 7 the annual town elec- tion was held at the Courthouse and re- sulted as follows: Mayor, P. L. Gregory, 131 votes; for recorder, John Zapp, 134; for aldermen, Geo. Herberger 110, M. L. Tolman 109, Chas. Lueg 99, John L. Wil- son 74, Peter Smith 68, Nicholas Lahr 25, Jos. Edelbrock 24, Jos. Broker 18. Geo. Herberger, M. L. Tolman, Chas. Lueg and John L. Wilson, having received the high- est number of votes for aldermen, were de-
clared elected. On May 19 the council ap- pointed Peter Tome town marshal, and on May 24, Michael Lauerman was appointed night watchman, and the county jail was designated as the jail for the town. On Aug. 6 William S. Moore was appointed at- torney for the town; Aug. 28, the council levied a tax of five mills on all taxable property; Nov. 14 Wm. S. Moore tendered his resignation as attorney, which was ac- cepted and the mayor instructed to employ Moore & Kerr, and in case of their refusal some other attorney for the purpose of en- forcing the ordinances against the sale of intoxicating liquors. On February 11, 1867, the resignation of P. L. Gregory as mayor was presented and accepted, and Alderman M. C. Tolman unanimously elected acting mayor. Feb. 23, at a special election A. B. Curry was elected mayor, 92 votes having been cast for and one against him.
1867-68 .- On March 7, 1867, the charter was amended, providing for the following:
First-Extending the territorial limits to include the southeast quarter of the south- west quarter, the southeast quarter of the northwest quarter, the northeast quarter of the southwest quarter, the west half of the southeast quarter, the southeast quar- ter of the southeast quarter and lots two and three of section eleven; and lot one of section twelve; and the west half of the northwest quarter, the west half of the southwest quarter and lots, one, two, three and four of section thirteen; and the east half of the northeast quarter, the east half of the southeast quarter, the north half of the northwest quarter of the northeast quarter, and the north half of the northeast quarter of the northwest quarter of section fourteen, all in township one hundred twenty-four north, range twenty-eight west. Second-Dividing the town into four wards. Third-Holding annual elections to elect mayor and recorder at large, and one alderman from each ward, who must be a freeholder in the ward. The mayor was to be a freeholder of the town. Fourth-Per- mitting the town council to impose fines, penalties and punishments for the breach of any by-law, ordinance or regulation, not to exceed $100 and imprisonment in the county jail not to exceed thirty days or both, and to put the offender on bread and water at the discretion of the justice.
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An election was held under the amended charter May 6, 1867, with the following re- sult: Mayor, A. B. Curry; recorder, John Zapp; aldermen, 1st ward, John H. Owen; 2nd ward, J. H. Kelly; 3rd ward, Joseph Broker; 4th ward, L. Enderle. The total vote cast was 293 .. The first ward cast 55; the second ward, 64; the third, 129; and fourth, 45. On August 3 Joseph Broker resigned, and on September 21 B. Rosen- berger was elected to fill the vacancy.
The town council met on May 10, and duly organized for the transaction of busi- ness. Committees were appointed, road districts established, road master, town marshal, assessor, police, attorney and treasurer, appointed.
(Publishers' Note .- From this date even tc the present time, railroad matters have been prominently before the council. Mayor Seberger's extensive and valuable references to these matters are for the most part omitted from this publication owing to lack of space. The railroads and their transactions with the people and gov- ernment of St. Cloud are fully treated in another chapter in this history.)
A petition, signed by a large majority of the business men, presented to the town council praying that steps be taken to com- pel the First Divisions of the St. Paul and Pacific Railroad company to comply with the provisions of the act of congress and the acts of the legislature of the state of Minnesota, requiring said road to be built to the town of St. Cloud.
A road tax of two days' labor was levied on all persons residing in the town as pro- vided by law. Six wells were constructed for the use of the fire department, and were located as follows: 1-At the inter- section of St. Germain street and Jefferson avenue. 2-At the intersection of St. Ger- main street and Richmond avenue. 3-At the intersection of St. Germain street and Washington avenue. 4-At the intersec- tion of Washington avenue and Lake street. 5-At the intersection of Washing- ton avenue and Monroe street. 6-At the intersection of Richmond avenue and Lake street.
The St. Cloud Bridge Company made the following proposition to the town of St. Cloud Aug. 13, 1867. First-The stock- holders of the St. Cloud Bridge company will relinquish to the town of St. Cloud all
their stock and interest upon condition that the town build and complete the bridge across the Mississippi river within one year from date, upon the town refunding to the stockholders the money already ad- vanced by them; or, second, the stock- holders will receive from the town of St. Cloud a bonus in bonds or town orders in the sum of $8,000, payable in five years with interest at 10 per cent per annum, and obligate themselves to complete the bridge within one year from date. The latter proposition was unanimously adopted and town orders in amount of $8,000 pay- able in five years, at 10 per cent per an- num, were issued and delivered to the com- pany.
On September 9, by resolution, the mayor was authorized to appoint a commit- tee of four, one from each ward, to draw up a new charter for the government of the town. The committee appointed en- gaged Wm. J. Parsons to draft the char- ter. On Jan. 29, 1868, Mr. Parsons pre- sented his draft to the council, which was duly considered and amended. A meeting of the voters of the town was called for February 6, 1868, at the courthouse, for the purpose of deciding whether a majority of the legal voters approved the new charter. The charter was duly approved and adopted. In pursuance of Chapter 12 of an act entitled, "An Act to reduce the Act incorporating the town of St. Cloud, and to repeal a former charter of said town, ap- proved March 8, 1862, and the several acts amendatory thereto to one act, and to amend the same, and to incorporate the city of St. Cloud," approved March 6, 1868, the council gave notice of an election to be held on Monday, May 4. This was the first election under the new charter, which provided for a mayor, city treasurer, two city justices, three aldermen from each of the four wards, and three members of the board of education from each ward. The mayor, treasurer and city justices were elected at large. The total vote cast was 359, and the election resulted as follows: Mayor, Edward O. Hamlin; treasurer, John M. Rosenberger; city justices, N. F. Barnes and R. M. Richardson; aldermen, 1st ward, C. Bridgman, L. Gordon, T. C. Alden; 2nd ward, H. C. Burbank, Lewis Clark, O. Ten- ney; 3rd ward, Thomas Smith, L. Robbers, L. A. Evans; 4th ward, J. R. Bennett, Peter
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Smith, Andrew Fritz; members board of education, 1st ward, N. F. Barnes, A. Mont- gomery, M. C. Tolman; 2d ward, E. V. Campbell, J. C. Wilson, Wm. T. Clark; 3d ward, Joseph Edelbrock, Barney Vossberg, T. C. McClure; 4th ward, Joseph Broker, A. J. Reed, A. E. Senkler.
1868-69 .- On May 12, 1868, the newly elected council met and organized, L. A. Evans being chosen president. For the purpose of having the third State Normal school established here a resolution to is- sue the bonds of the city in the sum of $5,000, payable in three years, bearing in- terest at the rate of 12 per cent per an- num, was unanimously adopted by the council and placed in the hands of J. G. Smith for negotiation. A poll or road tax of $2 was levied on each voter of the city not exempt by law, with the privilege to work the same out at the rate fixed by law. John Zapp resigned as city clerk June 3 and N. F. Barnes was elected to succeed him. The council levied a 16-mill tax to pay a portion of the Mississippi river bridge bonds, Normal School bonds, fire department, building and equipment, and city incidental expenses. By a vote au- thorized by the legislature the voters of the city declared in favor of offering a bonus for the building of a hotel.
At the annual election May 3 Oscar Tay- lor was elected mayor by 186 votes, as against 170 votes for his opponent, C. F. Davis. John M. Rosenberger was elected city treasurer without opposition. Four aldermen and four members of the board of education were also elected, C. Bridg- man, Lewis Clark, Thomas Smith and Syl- vester Miller being elected aldermen for the first, second, third and fourth wards, respectively.
1869-70 .- On May 10 the council met and organized by electing L. A. Evans presi- dent and N. F. Barnes city clerk. On Au- gust 30 the previously voted offer of a bonus of $12,500 for the building of a hotel was withdrawn. The question was revived in later years.
The mayor transmitted to the council a resolution from the board of education pro- viding for the issuance of bonds in the sum of $5,000 for the purpose of completing the Union school building, and recommended that the same be concurred in, as required by the amendatory act of the legislature of
1869, before such bonds could be issued. The resolution was unanimously con- curred in.
The council also voted to issue bonds in the sum of $2,500, payable to H. T. Wells on or before January, 1873, provided that the Northern Pacific Railroad company ex- tended its road across the Mississippi river within the corporate limits of the city be- fore 1873.
The annual election was held May 2, re- sulting in the election of Oscar Taylor mayor and John M. Rosenberger city treas- urer; Wm. Powell, alderman for the first ward; J. G. Smith, for the second; Charles Schulten for the third, and Peter Smith for the fouth.
1870-71 .- The council organized May 9 by electing C. D. Kerr president and N. F. Barnes city clerk, after which the mayor submitted a brief message. Four mills were assessed on all taxable property for the current expenses of the city, and ten mills for payment of bonds and other city indebtedness.
The annual election held on the first day of May resulted as follows: Mayor, C. D. Kerr; treasurer, John M. Rosenberger; al- dermen, 1st ward, John H. Owen; 2nd ward, H. C. Burbank; 3rd ward, Wesley Carter; 4th ward, John J. Dorr. Lewis Clark was elected president of the council and N. F. Barnes, city clerk.
The election was held on the 26th day of February with the following result: Ordi- nance No. 16, providing for the issue of bonds to aid in the construction of the St. Paul and Pacific Railroad bridge-385 for to 17 against. Ordinance No. 17, providing for the issue of bonds for right of way and depot grounds-401 for to 1 against.
At the annual election May 6 the follow- ing officers were elected: Mayor, Joseph Edelbrock; treasurer, John M. Rosen- berger; aldermen, 1st ward, C. Bridgman; 2nd ward, R. L. Scott; 3rd ward, M. Fisher; 4th ward, J. B. Sherer.
The matter of purchasing a first-class fire engine for the fire department had been discussed from time to time since 1865. The old apparatus was entirely out of date and inadequate. A resolution to issue bonds in the sum of $2,500 for the purpose of purchasing such apparatus was presented to the council March 25, 1872, but failed to pass. At a special meeting,
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held April 2, the question of purchasing a fire engine and necessary equipment was ordered submitted to a vote of the people at the annual election to be held May 6. The result of that election was as follows: For 120; against 76.
1872-73 .- The council organized May 13 by selecting J. G. Smith president and N. F. Barnes city clerk. Thirteen and one- fourth mills on the dollar of assessed val- uation of personal and real property of the city was levied for municipal purposes. 4
Bonds in the sum of $3,000 for the pur- pose of purchasing a first-class "Hand Fire Engine" were issued in accordance with a vote of the citizens at the annual charter election, and the committee on Fire De- partment was authorized to forthwith pur- chase such engine from Hunnemann & Co .. , of Boston.
The annual charter election, held May 5, 1873, resulted as follows: Mayor, Jas. R. Boyd; treasurer, John M. Rosenberger; al- dermen, 1st ward, Wm. Powell; 2d ward, J. G. Smith; 3rd ward, J. L. Wilson; 4th ward, W. W. Wright.
1873-74 .- The council organized by elect- ing J. G. Smith president and N. F. Barnes city clerk. The new fire engine had been received, and on July 1, 1873, was tested and being found satisfactory was accepted by the council. Thirteen mills on the as- sessed valuation of the real and personal property of the city was levied for munic- ipal purposes.
The hotel proposition in the form of a resolution providing that the matter of is- suing bonds in the sum of $5,000 be sub- mitted to a vote of the people at an elec- tion to be held November 4, 1873. The proposition carried, and on November 24 Capt. J. E. West appeared before the coun- cil with plans and specifications for a ho- tel costing not less than $20,000, and pro- posed to construct such a hotel provided the council gave him a bonus of $5,000. The matter was discussed and finally re- ferred to a committee for consideration to report at a meeting to be held on Decem- ber 2. On that date Capt. West made a proposition to the council in which he agreed to erect a hotel building costing not less than $35,000, exclusive of furniture, and to locate the same on the west half of block E or D, or on the north half of block 13, and to submit plans and specifications
of the proposed building to the council for their approval, the council to agree to is- sue city bonds to the amount of $5,000, payable to J. E. West or bearer, as a bonus to aid in the construction of this hotel, and the council was also to agree to build a sewer from the cite selected to the river. This proposition was unani- mously accepted, but December 29th the council's action in this matter was re- scinded.
On February 25, 1874, John Zapp in be- half of the St. Cloud Bridge company ap- peared before the council and stated that the company had voted to sell the bridge to the city for $20,000. The matter was referred to a special committee, which re- ported at the following meeting that they conferred with the bridge company rela- tive to their bridge across the Mississippi river for the purpose of making the same free, but recommended that no action be taken at that time.
The annual charter election held on May 4 resulted in the election of Jas. R. Boyd mayor, John M. Rosenberger city treas- urer, John H. Owen alderman for the first ward, R. M. Russell for the second, Joseph Edelbrock for the third, and John J. Dorr for the fourth.
1874-75 .- J. G. Smith was elected presi- dent of the council and N. F. Barnes city clerk. The tax rate for municipal pur- poses was fixed at 26.1 mills on the as- sessed valuation on all the real and per- sonal property of the city.
On April 26, 1875, Alderman Bridgman offered the following resolution: Resolved, That the treasurer of the City of St. Cloud be and he is hereby instructed and re- quired not to pay any portion whatever of the principal or interest of the so-called railroad bonus bonds, except the bonds known as the right-of-way bonds. This res- olution was referred to the committee on Ways and Means, as was also a resolution which provided for the employment of counsel for the city to take such steps as were deemed best to test in the courts the validity of the so-called railroad bonds. The committee reported the same back on May 5 with the recommendation that the resolutions be referred to the new council.
The annual charter election, held May 3, resulted as follows: Mayor, L. A. Evans; treasurer, Jolın M. Rosenberger; aldermen,
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1st ward, F. H. Dam; 2nd ward, N. P. Clarke; 3rd ward, T. C. McClure; 4th ward, J. B. Sherer.
1875-76 .- J. G. Smith and N. F. Barnes were again elected president of the council and city clerk, respectively.
The first of the two resolutions offered by Alderman Bridgman April 26 and re- ferred to the new council was indefinitely postponed at a meeting June 9, and the second was laid on the table, to be taken up at a meeting June 29, when Aldermen McClure, Clarke and Owen were appointed a committee to open negotiations with the St. Paul and Pacific Railroad company looking to a compromise of this bonded in- debtedness. The committee employed counsel to give an opinion relative to the validity of these bonds, which action was approved by the council, and the commit- tee further authorized to take such addi- tional action in the premises as in their judgment was for the best interest of the city.
The following are the facts and events which led to the controversy. By an act of congress of March 3, 1857, a land grant was made to the territory of Minnesota in aid of a railroad from Stillwater by way of St. Paul and St. Anthony to a point near the foot of Big Stone lake, with a branch through St. Cloud and Crow Wing to the navigable waters of the Red River of the North at such a point as the legislature might determine.
By an act of the territorial legislature of May 22, 1857, the Minnesota and Pacific Railroad company was incorporated and the grant vested in that company. The corporate powers as defined by its charter were to survey, locate, construct, complete, alter, change the location of, reconstruct, maintain and operate a railroad on such route as the company might think proper from Stillwater by way of St. Paul and St. Anthony to the town of Breckenridge, with a branch from St. Anthony by way of Anoka, St. Cloud and Crow Wing to St. Vincent near the mouth of Pembina river.
On March 3, 1870, the Northern Pacific Railroad company, having in the meantime been incorporated and in process of con- struction at the solicitation of the Minne- sota and Pacific company, authorized the corporation known as the First Division of
the St. Paul and Pacific Railroad company, which by legislation had become the pro- prietor of this portion of the original Min- nesota and Pacific, to survey, locate and construct a branch railroad from St. Cloud by way of Sauk Centre, Osakis and Alex- andria to some point on the Red River of the North.
Prior to the adoption of the policy indi- cated by this last act, the company under its original charter built its road from St. Anthony up the east side of the Mississippi river to Sauk Rapids, then a rival town to St. Cloud.
The village of St. Cloud contained at the time of the completion of the route to Sauk Rapids about 2,000 people. The town- ship of St. Cloud, in which the city is sit- uated, extends up the Mississippi to a point opposite the village of Sauk Rapids, and the company claimed that by building their road along the east bank of the river opposite the village of St. Cloud, they had complied with the requirements of their charter, and by their act and conduct threatened to build up the rival town of Sauk Rapids and denied all obligation or intention to cross the river and enter the village of St. Cloud unless pecuniary in- ducements satisfactory to the company were offered by the latter place. After the passage of the act of 1870 authorizing the deflection up the Sauk Valley, the company claimed that they had the right to make the terminus of that branch at any point in the township of St. Cloud and to cross the river by a bridge at Sauk Rapids and commence from a point opposite that vil- lage, but offered to take up their track from a point opposite St. Cloud to Sauk Rapids and build a bridge at St. Cloud and cross there if sufficient pecuniary in- ducements were offered them, and threat- ened, if not, they would cross at Sauk Rap- ids, and even went so far in their impa- tience at the evident reluctance of the people of St. Cloud to submit to their ex- actions that Mr. Becker, president of the company, in the fall of 1871 came to St. Cloud and made use of a telegram said to have been received from Mr. Murdock, the person who possessed the control to a large degree over the counsels of the com- pany, to the effect that if the people of St. Cloud did not issue their bonds at once they would cross at Sauk Rapids.
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During the same fall or early winter a resolution which was formally submitted to the city council and formally accepted by them and is recited in the ordinances providing for the issue of the bonds and constitutes in fact the contract on which the bonds were issued, was passed by the directors of the Northern Pacific Railroad company. This company had at this time obtained a controlling interest in the coun- sels of the First Division of the St. Paul and Pacific Railroad company, and their action in the matter seems to have been on behalf of the latter company and was ratified and recognized by it by the receipt and enjoyment of the benefits accruing un- der it. The resolution provided that the crossing by the St. Paul and Pacific Rail- road company of the Mississippi river at St. Cloud would be at the Wilson Cross- ing, so called, provided that there was given to that company free of cost the right of way through the city and twenty acres of land for depot grounds conven- iently located and a good and sufficient guaranty for the issue and delivery to the St. Paul and Pacific Railroad company of $65,000 in the city bonds, bearing interest not less than seven per cent, payable semi- annually, the principal payable in twenty years, and provided also that the city of St. Cloud would never by its action or the action of its council or otherwise restrict the speed of the company's trains, and provided also that the city of St. Cloud would hold the company harmless from all expense for maintaining gates or flagmen on the line of their road within the limits of the city.
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