USA > Minnesota > Wabasha County > History of Wabasha County : together with biographical matter, statistics, etc. : gathered from matter furnished by interviews with old settlers, county, township, and other records, and extracts from files of papers, pamphlets, and such other sources > Part 10
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"Be it resolved, by the city council of the city of Winona, that
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HISTORY OF WINONA COUNTY.
fifty thousand dollars, or so much thereof as may be practicable, shall be raised for the purpose of securing the terminus of the Green Bay & Lake Pepin railroad at the city of Winona, under and pursuant to the recommendation of the committee appointed by the city council to confer upon said matter, on March 12, 1873.
"And it is further resolved, that the city of Winona hereby pledges its faith to repay to each and every person, his heirs or assigns, all sums of money which said person or persons shall ad- vance for that purpose, with interest on the sums so advanced not to exceed the rate of ten per cent per annum ; provided always, that the obligation so made and taken shall in no event bind the city to such repayment unless the proper legal authority for such repayment be obtained.
"Resolved, That the recorder be authorized and is hereby required to have prepared, and to issue and deliver under his hand as recorder and the seal of said city, to each person advancing money for the above purpose, a certificate for all sums so advanced by each person respectively, bearing interest as aforesaid.
"Resolved, That as soon as practicable proper legislation author- izing and legalizing the present action of the city council, so far as such legislation may be necessary, or any other needed legislation, shall be obtained."
Upon the basis of this action on the part of the city council a canvassing committee was set at work, and the sum of $35,000 subscribed by the citizens for the purpose set forth above. The railroad company, upon being notified of the result, finally accepted the situation, and proceeded during the summer and fall of 1873 to build the road as proposed. An act of the legislature authorizing the city to make good its agreement with the subscribers, but un- wisely providing for making up the amount to $50,000 for the company, was approved February 5, 1874, the act providing, how- ever, that the question should be submitted to the people at a general or special election upon five days' notice by publication. A special election was accordingly called for and held on February 23, 1874, which resulted in a defeat of the proposed bonds, largely on account of the provision for making up the sum to be paid the company to $50,000, the vote standing 275 for to 785 against it. The citizens were justitied in this vote for the reason that it was sought to make the city liable for $15,000 more than the amount of the subscrip- tion, a provision in the bill insisted on by the representatives of the
115
RAILROADS.
company, but for which the subscribers, almost without exception, were in no way chargeable. Chagrined and disappointed at this result, and there being grave doubt of their legal liability, the subscribers refused to pay their subscriptions ; but suits were insti- tuted by the company in the United States circuit court against them, and a test case being carried to a final decision it was held that the subscribers were liable, and the several amounts were accordingly paid over, each subscriber receiving, according to the original agreement, stock of the company to the amount of his subscription, which stock was not and never has become of any considerable value.
There still being a widespread feeling that the subscribers to the bonus had suffered an injustice, another act of the legislature was obtained March 6, 1876, providing for a special election in April of that year to determine whether the city would indemnify the sub- scribers by an issue of its bonds in the amount of the subscriptions actually paid, the city to take the stock originally issued to the sub- scribers. Accordingly an election was called and held on April 3, but although every moral, if not legal, obligation rested upon the city to indemnify its public-spirited citizens for the money paid by them to secure a railroad connection of conceded value to the town, the proposition again failed to carry, the vote being 737 for to 1004 against the bonds, and here the matter rests. The road has since practically passed into the hands of John I. Blair, of New Jersey, and its name has been changed to the Green Bay, Winona & St. Paul Railroad Company.
Winona and Southwestern Railroad .- In February, 1856, the legislature of the territory incorporated the Winona & La Crosse . Railroad Company, with authority to build and operate a railroad from Winona to a point opposite La Crosse, Wisconsin. February 9, 1872, the state legislature passed an act reviving this old charter and amending it so as to incorporate the Winona & Southwestern Railroad Company, composed of the following named persons, viz : William Windom, Thomas Simpson, Wm. H. Yale, J. C. Easton, John Robson, William Mitchell, H. W. Lamberton, M. G. Norton, E. S. Youmans, R. D. Cone, Thomas Wilson, M. K. Drew, E. D. Williams, Geo. P. Wilson, Thomas Abbott and Ignatius O'Ferral, and authorizing the building, equipment and operation of a railroad from Winona to the Iowa line east of range 14 and west of the fifth principal meridian, and also granting the right to extend the
116
HISTORY OF WINONA COUNTY.
line, by the most feasible route, from Winona to St. Paul and Minneapolis, the road to be completed and equipped within four years from the date of the act.
At a meeting of the incorporators held at Winona April 16, 1872, William Mitchell was elected president; E. D. Williams, vice- president ; Thomas Simpson, secretary, and M. G. Norton, treasurer. William Mitchell, John Robson and H. W. Lamberton were made an executive committee, and E. S. Youmans, Ignatius O'Ferral and M. G. Norton were appointed commissioners to receive subscriptions to the stock of the company, to collect five per centum thereon for the expenses of a survey and for the purchase of necessary maps, profiles, etc., for the use of the company. Stock to the amount of $67,500 was subscribed. At the same session of the legislature an act was passed authorizing the city of Winona and the towns and villages on the proposed line of the road to vote a five per cent tax in aid of the road. Under this authority the city of Winona, on April 9, 1872, at a special election voted bonds to aid in the con- struction of the road to the amount of $150,000. Several of the towns in Winona and Fillmore counties, and the village of Chat- field, voted liberal bonuses to the road. Two or more surveys were made under the direction of N. F. Hilbert, one by way of Saratoga and Fremont, the other by way of the Money Creek valley. For a time there was every prospect that the road would be built. It would have furnished an invaluable outlet for the lumber and other products of the Winona manufactories, and would have been a potent element in the growth of the city. The severe financial crisis of 1873, however, and the subsequent hard times, brought delays and embarrassments which prevented the building of the road, and it still remains one of the "glorious possibilities." In 1875 it was voted by the company to accept the proposition of certain Iowa parties to build a narrow-gange road from Hesper, Iowa, to
Houston, Minnesota, provided the company would build a similar road from Winona to Houston. Money was raised and a prelimi- nary survey made, but nothing further came of the project. The charter was extended by the legislature of 1873, and by reason of the surveys and other work done thereunder is considered to be still alive. Both the line to the southwest and the one from Winona to St. Paul are still feasible, and would be valuable to the builders as well as to Winona and the territory through which they would pass.
CHAPTER XI.
NAVIGATION.
THE " Father of Waters " forms the eastern boundary of Winona county, and with its various channels and sloughs constitutes the only navigable water in the county. Probably the first white man who traversed the forty-five miles of its length in which we are now interested was Father Hennepin, who in the month of April, 1680, explored the Mississippi from the mouth of the Illinois to the falls of St. Anthony. In the month of May, 1689, Nicholas Perrot, accompanied by Le Sueur, Father Marest and others, sailed up the Mississippi from the mouth of Wisconsin river to the mouth of the St. Croix, and formally took possession of the country in the name of the king of France. In September of the year 1700 Le Sueur passed upward with a party of Frenchmen to explore and work some reported mines near the mouth of the Chippewa river. In the year 1766 that enterprising Connecticut Yankee, Jonathan Carver, traveled extensively in the Northwest, and on October 29 of that year passed by the future county of Winona, noting in his journal some shrewd observations upon the numerous mounds which he saw along the shores and bluffs. In September, 1805, Lieut. Zebu- lon Pike visited this region by order of President Jefferson, to expel British traders, who were found violating the laws, and to form alli- ances with the Indians. In the summer of 1819 a party of officers and soldiers, with their wives and children, passed by our county in keelboats on their way to establish a post at the mouth of the Minnesota river, by order of John C. Calhoun, then secretary of war. The next year Gov. Cass of Michigan headed an exploring expedition by way of the lakes, and, descending the Mississippi in canoes, spent the afternoon of August 4 at Wapashaw village, the site of the present city of Winona.
Previous to the year 1823 it had been supposed that the rapids at Rock Island were an insurmountable barrier to the navigation of the upper Mississippi ; but on the second day of May of that year the Virginia, a steamer one hundred and eighteen feet in length, left her moorings at St. Louis, destined for Fort Snelling. Success- fully passing the rapids, this pioneer craft made her way slowly up
118
HISTORY OF WINONA COUNTY.
the Mississippi, producing the greatest terror and consternation among the Indians, who supposed that it was some enormous water- spirit, coughing, puffing out hot breath and splashing the water in all directions. This pioneer steamer passed Wabasha prairie toward the last of the month and reached Fort Snelling in safety. From this time occasional trips were made as the necessity of the govern- ment and trading-posts required. Among the great number of steam- ers which have passed and repassed the county in years gone by, all old settlers will remember the Minnesota Belle, Gray Eagle, War Eagle, Northern Belle, Nominee, Ben Corson, The Adelia, Frank Steele, Keokuk, Jeanette, Tishimingo, Annie Johnson, Addie John- son, Phil. Sheridan, and many others.
Of the captains of all these and other unnamed steamers Capt. Smith Harris and Capt. Orrin Smith are most frequently mentioned. The latter was one of the earliest proprietors and admirers of the town site of Winona. and the former, being interested in Kasota, and other towns on the Minnesota river, was never tired of pointing out the disadvantages of Wabasha prairie. It is said that during the high water in 1852, in order to demonstrate the truth of his state- ment that Smith's town was on a mere sand-bar in the Mississippi, he ran his boat straight by Minneowah up into Lake Winona, and out across near the Denman farm into Crooked Slough and the river again. Captains Hatcher and Bryant, long in the service, afterward made their homes in Winona. Before the day of railroads great importance attached to the coming and going of these river steamers, which formed the only connection with the outside world. The familiar whistle of a steamboat would frequently cause a stampede even from the church service or prayer meeting, particularly if it was the first boat of the season.
The following table shows the arrivals of the first boat for a period of years commencing with 1856:
1856. Alhambra, April 8. 1870. Keokuk, April 5.
1857. Hamburg, April 2.
1871. Addie Johnston, March 18.
1858. Brazil, March 23.
1872. Belle of La Crosse, April 9.
1859. Grey Eagle, March 18. 1873. Union, April 3.
1860. Chippewa, March 13.
1874. Northwestern, April 6.
1861. Northern Light, March 26.
1875. Lake Superior, April 12.
1862. Keokuk, April 2.
1876. Dubuque, April 10.
1863. Keokuk, March 20.
1877. Red Wing, April 11.
1864. Union, March 16.
1878. Penguin, March 12.
1865. Lansing, March 30.
1879. Maggie Reaney, April 4.
1866. Addie Johnston, April 13.
1880. Belle of Bellvue, March 22.
1867. City of St. Paul, April 13.
1881. Josie, April 24.
1868. Diamond Jo, March 21.
1869. Buckeye, April 6.
1882. Robert Harris, March 1.
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COURTS AND OFFICERS OF THE COURTS.
The following table shows the dates of the closing of navigation for a series of years:
1856.
November 27 |
1870.
December 15
1857.
November 19
1871
November 22
1858.
December 2
1872.
November 22
1859
December 3
1873.
November 29
1860
November 24
1874.
November 30
1861
November 27
1875.
November 20
1862.
December 1
1876.
December 1
1863.
November 27
1877.
December 8
1864.
December
4
1878.
December 13
1865
December
5
1879.
December 12
1866.
December
9
1880.
. November 20
1867
December
5
1881
January 2, 1882
1868
December 8
1882.
December 6
1869.
December 18
CHAPTER XII.
COURTS AND OFFICERS OF THE COURTS.
THE territorial courts of record were organized under the act of congress passed March 3, 1849, called the "Organic act," supple- mented by acts passed from time to time by the territorial legis- lature. By the organic act three judges were provided for, which were appointed by the president, "by and with the advice and con- sent of the senate." One was styled "chief-justice," the other two "associate-justices." These together constituted the supreme court, one term of which was required to be held annually at the seat of government of the territory. It was also provided that the terri- tory should "be divided into three judicial districts," in each of which a district court was required to be held by one of the justices of the supreme court, at such times and places as the territorial legislature might prescribe, and that "the said judges shall, after their appointment, respectively, reside in the districts which shall be assigned them." Each district court, or the judge thereof, was by such act empowered to appoint its own clerk, which clerk was to hold his office at the pleasure of the court. The supreme court and district courts were invested with chancery as well as common law jurisdiction. The extent of this jurisdiction of these courts was substantially the same as like courts under the present constitution of the state ; that of the several district courts was general. By
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HISTORY OF WINONA COUNTY.
act of the territorial legislature the territory now included within the limits of Winona county was made a part of the first judicial dis- trict, and so remained until the adoption of the constitution. Pre- vious to February 23. 1854, what is now Winona county was a part of the county of Filhnore. On the day last above named Winona county was formed and organized for judicial and other purposes. Up to this time the writer is not aware that any term of the district court was held in Fillmore county, though all other county business affecting this section, such as filing plats of town sites, recording deeds and the levy of taxes, was done at the county seat of Fillmore county, then located at Chatfield.
At the date of our county organization Hon. Wm. H. Welch was chief-justice of the territory, to whom was assigned the first judicial district. He was therefore the first judge of the district court in and for this county. He resided at Red Wing, in the county of Goodhue. He continued to fill that office until January 1, 1858, when the territorial judicial officers were superseded by judges elected under the state constitution adopted at the fall elec- tion in 1857. Much of the good order of our judicial affairs in ter- ritorial times, and the ease and regularity with which our state courts were organized and went into effect, were due to this judge. While he was not a man of great learning or superior ability, as the world recognizes learning and ability, yet he had the rare quality in a judge of commanding universal confidence, a feeling among all that the judicial anthority was reposed in proper hands. Judge Welch died at his home in Red Wing.
At the fall election in 1857 Hon. Thomas Wilson was chosen as judge of the third judicial district of the state, comprising the coun- ties of Houston, Fillmore, Olmsted, Wabasha and Winona. With the beginning of the year 1858, pursuant to a provision of the state constitution, but before the formal admission of the state by congress Judge Wilson entered upon his duties as judge, and continued to hold until 1864, when, having been appointed to the supreme court, he resigned the office of district judge, and Hon. Lloyd Barber, of Olmsted county, was appointed to fill the vacancy so made. He was elected at the fall election in 1864, for the full term of seven years, and held the office until succeeded by Hon. C. N. Waterman, January 4, 1872. Judge Waterman held the office until his death, which occurred February 13, 1873, and was suc- ceeded by Hon. John Van Dyke, who was appointed for the
121
COURTS AND OFFICERS OF THE COURTS.
remainder of the year 1873. At the fall election of that year IIon. Wm. Mitchell was elected for the full term of seven years, from the beginning of 1874. He discharged the duties during this term, and inf 1880 was re-elected for another term, to commence with the ensuing year. At the session of the legislature of 1881 the number of judges composing the supreme court was increased to five. This made it necessary that two judges should be appointed to the supreme court until after the next ensuing general election. Judge Mitchell was selected as one of the new judges, and Hon. C. M. Start. then attorney-general of the state. but residing in the third judicial district, at Rochester, Olmsted county, was ap- pointed district judge, to succeed Judge Mitchell. At the general election in November, 1881, Judge Start was elected for a full term, commencing with the year 1882. At this writing, January 1, 1883, Judge Start is in the discharge of his official duties.
Of the seven judges who have presided'in our district courts, three, Judge Welch, Judge Waterman and Judge Van Dyke, are dead. All the others are still living within the district, and engaged in the duties of their profession.
Clerks .- As before stated, during our territorial existence clerks of district courts held by appointment of the judge and during his pleasure. The first clerk of the district court in and for Winona county was Martin Wheeler Sargeant. He was appointed by Judge Welch in 1854, and held until superseded by the appointment of John Keyes, on or about July 14, 1856. The record of Mr. Keyes' appointment cannot be found, but his first official act as clerk bears date on that day. Mr. Keyes continued to hold the office until after the admission of the statein to the Union under the state organization, his last official act as clerk bearing date May 25, 1858. Under the constitution the office of clerk was made elective. and at the general election in October, 1857, Henry C. Lester was elected clerk, and entered on the discharge of his duties on the re- tirement of Mr. Keyes. Ile held the office until April 27, 1861. He resigned to enter the volunteer service of the United States in the war of the rebellion. He was succeeded by E. A. Gerdtzen, who was appointed in place of Col. Lester until the next general election, at which he was elected, and by subsequent elections held without interruption for nearly seventeen years. In November, 1877, John M. Sheardown was elected, has been re-elected, and still holds the office.
122
HISTORY OF WINONA COUNTY.
Of the five persons who have held the office, two, Mr. Sargeant and Mr. Keyes, are deceased; Col. Lester has removed from the state, while Messrs. Gerdtzen and Sheardown still reside at the city of Winona.
District and County Attorneys .- Under the territorial organiza- tion, the United States attorney, as he was called, usually attended at the sessions of the district courts, and performed most of the duties now devolving upon county attorneys. An officer called a district attorney was also provided for by territorial statute, and was elected in each of the organized counties. In the act organizing the county of Winona, approved February 23, 1854, such officer was to be elected at an election to be held in April of that year. The election was duly held, and C. F. Buck, Esq., then residing at Minneowa, was elected. We may say in passing that the village of Minneowa was a rival of Winona for metropolitan honors, and stood on the Mississippi river, about one mile above the present village of Homer. The curious in such matters may still find some traces of it on the river bank, and especially in the office of the register of deeds, where the plat was recorded. Its proprietors were Isaac Van Etten, William L. Ames, brother of Oakes Ames, of credit mobilier and Union Pacific railroad fame, Governor Willis A. Gorman, and S. R. Babcock, all of St. Paul. The fact is noteworthy as showing the confidence of shrewd and far- seeing men in the then future existence of the city of sonthern Minnesota at or near this point. Their selection was probably made more from an examination of the territorial map than of the respect- ive sites of Minneowa and Winona. If not, time has demonstrated that, however close they shot to the mark in this their judgment was slightly at fault. But to return to the district attorney. Mr. Buck held the office until the beginning of 1856. Edwin M. Bierce had been elected in the fall of 1855, and held the office during the years 1856 and 1857. By the constitution adopted in that year it was provided that "each judicial district might elect one prose- cuting attorney for the district." Under this provision Sam Cole, Esq., was elected " prosecuting attorney" for the third judicial dis- trict, comprising the counties of Houston, Fillmore, Olmsted, Wa- basha and Winona. Although this office was wholly unknown to territorial laws, continued in force by the constitution, and no state legislation had been had to supply the deficiency, still Mr. Cole, as
125
COURTS AND OFFICERS OF THE COURTS.
an officer of the courts, qualified with the judges at the beginning of the year 1858. As no legislation was ever had upon the subject of the duties of this office, we shall probably continue in ignorance as to what they were. Practically Mr. Cole did about what the United States attorney had done in territorial times, and which comprised about all that was required under the statutes of the district attorney. The effect of it was in a large degree to supersede the last-named officer, and for two years no district attorney was elected in Winona county. In this county at least the constitution operated as an extinguishment of the office.
By act of February 6, 1860, the office of county attorney as now existing was created. Under this act the board of supervisors of Winona county, on the 15th day of March, 1860, appointed one A. S. Seaton county attorney, who held the office until the 1st of January, 1861.
At the general election in 1860 Hon. William H. Yale was elected, and held the office one term of two years. On the 1st of January, 1863, he was succeeded by Hon. William Mitchell, who was county attorney during the years 1863 and 1864. Mr. Yale, in the fall of 1864, was re-elected, and held during the years 1865 and 1866. He was succeeded at the beginning of 1867 by Hon. George P. Wilson who, by re-election was continued in office until the beginning of 1871, when he was succeeded by Norman Buck. Mr. Buck held during the years 1873 and 1874, and was succeeded by A. H. Snow, Esq., who by re-election held from the beginning of 1875 to the 1st of January, 1879. Mr. A. N. Bentley then suc- ceeded for one term, followed by Mr. M. B. Webber, one term, closing with 1882. At the fall election in 1882 Mr. Patrick Fitz- patrick was elected, and now holds the office. Of the twelve persons who have held these offices, only one (Mr. Cole) is known to have died. Both A. S. Seaton and E. M. Bierce left this county about 1860, since which little or nothing seems to be known of either. Mr. Buck is now associate justice of the territory of Idaho. Hon. George P. Wilson is following his profession at Fargo, Dakota Territory. All others still reside in the city of Winona.
Sheriff's .- The first sheriff of the county was John James. He was elected on the first Tuesday in April, 1854. He was succeeded by Charles Eaton, who was elected in the fall of 1855, and held the office for two years. At the election in 1857 Mr. F. E. Whiton was elected, and held during the years 1858 and 1859. At the fall elec-
×
126
HISTORY OF WINONA COUNTY.
tion in 1859 Messrs. L. R. King and E. D. Williams were opposing candidates for this office. The canvass was close and spirited, and the register of deeds, whose duty it was "to canvass the votes," was nnable to determine which had been the successful candidate. The greatest number of votes cast at the election for one office was 2,023. As allowed by the register, the whole number of votes cast for both candidates for sheriff was 1,970. In reaching this result votes were rejected as irregular, and the conclusion was arrived at that each candidate had received 985, making it "a tie." It thus became necessary to decide "by lot" which of the candidates was elected. Varions stories were told as to how this "casting of lots" was per- formed-one to the effect that a game of "enchre" was played between two persons, each representing one of the opposing candi- dates. The writer cannot affirm that such was the fact, though the circumstantiality of the account, other things considered, gives it some weight. But, however the lot was cast, Mr. King was declared elected, and to him was awarded the certificate. The case was then taken by appeal to the district court, Judge Wilson presiding. After a long and patient hearing the decision of the canvassing officer was affirmed, and Mr. King was declared sheriff. By re-election from term to term he held the office without interruption for eight years. J. F. Martin was his successor, beginning with the year 1868. Mr. Martin was twice re-elected and held for six years, and was succeeded at the close of 1873 by Wm. H. Dill. Mr. Dill was re-elected three times in succession, and held the office in all eight years, ending with the year 1881. Mr. E. V. Bogart succeeded and is now (1883) in office. Ex-Sheriff's Iames, Whiton and King are deceased.
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