History of Tioga, Chemung, Tompkins and Schuyler counties, New York, Part 151

Author: Peirce, H. B. (Henry B.) cn; Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1879
Publisher: Philadelphia : Everts & Ensign
Number of Pages: 1112

USA > New York > Chemung County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 151
USA > New York > Schuyler County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 151
USA > New York > Tioga County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 151
USA > New York > Tompkins County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 151

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

THE TOWNS.

Several attempts have been made to divide the town of Hector, but unsuccessfully thus far, the most effective fac- tor in the scale against a division being the candidates for the office of collector and town clerk, the size of the town making those offices somewhat desirable. On April 20, 1869, the boundaries of Dix were changed by taking in a part of Reading and IIcetor, which was included in the village of Watkins. At the same time certain disputed territory claimed by both Reading and Hector was given to Reading, the same being a part of the same village. On Nov. 8, 1877, the Board of Supervisors passed an aet al- lowing Hector to hold its annual and special town-meetings by election districts, which is a great convenience, the town being ten miles square.

Following is the list of towns and dates of organization :

Cayuta from Spencer (Tioga Co.), March 20, 1824. Spenecr from Owego (Tioga Co.), Feb. 28, 1806. Owego from Chemung (Montgomery Co.), Feb. 16, 1791. Che- mung from Whitestown, Montgomery Co., March, 1788. Whitestown, an original town, March 2, 1788; a small por- tion given to Catharine in December, 1875.

Catharine from Newtown (Elmira), March 15, 1798. Newtown from Chemung, April 10, 1792.

Dix from Catlin, April 17, 1835. Catlin from Catharine, April 16, 1823.

Hector from Ovid, March 30, 1802. Ovid, an original town of Onondaga County, March 5, 1794.

Montour from Catharine, March 2, 1860.

Orange from Jersey, Feb. 20, 1836. Jersey from Wayne, Feb. 12, 1813. Wayne as Frederickstown, original town of Steuben County, March 17, 1796, name changed April 16, 1808.

Reading from Frederickstown, Feb. 17, 1806.

Tyrone from Wayne, April 16, 1822.

The first county officials were as follows : Judge, Simeon L. Rood ; Clerk, Algernon E. Neweomb; Sheriff, John S. Swartwood; Treasurer, Chas. J. Broas ; District Attorney, Lewis F. Riggs; Sehool Commissioner, William C. Guliek.

The first term of the Schuyler County Court was held at Watkins by Hon. S. L. Rood; William Diven and Abel Jenkins officiated as justices.

Orange Hubbell, Charles G. Tuthill, Charles Babbitt, I. Brown, B. Carpenter, William Vaughn, Stephen Thayer, Wm. Slawson, D. W. Goodrich, W. Buek, N. Fish, Samuel Vaughn, A. Stoll, W. A. Hurd, E. I. Agard, Fred. L. Lane, L. Mix, W. Hubbell, M. Colegrove, G. C. Brown, E. W. Prentiss, and Samuel Ross, Jr., comprised the first grand jury, who found fourteen indictments. Joliu J. Van Allen was appointed district attorney for the term.

The first Circuit Court was held at Havana, Aug. 19,

1859 ; Ransom Balcom, justice, and Minor T. Broderick and J. B. Wilkins, justices of sessions.

The first Board of Supervisors of Schuyler County met at the Jefferson House, in Watkins, Aug. 30, 1854. The board consisted of the following persons: Leroy Wood, Cayuta ; Phineas Catlin, Catharine; W. E. Booth, Dix ; Henry Fish, Hector; Edwin C. Andrews, Reading ; George Clark, Tyrone; A. S. Newcomb, Orange. W. E. Booth chosen chairman, and II. M. Hillerman clerk.

The first surrogate was S. L. Rood ; and the first busi- ness transacted by him in this court was the proving of the will of John Hagar, Feb. 22, 1855. Gaylord G. Whitman was appointed guardian ad litem for Oscar, Francis H., Orlin, Orlando, Almeda, and Hannah Hagar, minor ehil- dren of deccased. On the 2d of April the will was ad- mitted to probate.

The first appointment of guardian was the second official act of the surrogate, being the appointment of David Wakeman as guardian for Henry J. Aber, a minor, March 1, 1855.

The third official aet of the surrogate was the appoint- ment of Ira Brandfield, March 19, 1855, as administrator of the estate of Jacob Brandfield, deceased.

CHAPTER LXXVI.

THE COUNTY-SEAT AND PUBLIC BUILDINGS.

THE formation of a new county is rarely effected without more or less contention attending the location of the site of public buildings, the same arising from the jealousies or interests of rival towns in the new municipality. It is very rare, however, that such contention, confusion, aud disorder attends such location on the ercetion of public buildings as most unfortunately was consequent upon the action of the locating commissioners for Schuyler County. For years the strife was incessant between Havana and Watkins, and the northern and southern portions of the county, in the respec- tive interests. Between the two villages the contention was fierce, and permeated and embittered all relations of the people, political, commercial, and social. The courts were invoked, from the lowest to the highest authority, on both sides, and the Legislature was importuned, and passed acts on the question three several times after the original act of erection was passed. Happily, the discordant clements are now hushed, and the cinbittering recollections are fast being relegated by Time, the healer, to the veil of oblivion, where it is to be hoped they may ever remain undisturbed, without the hope of a resurrection.

The personal strifes, criminations, and recriminations, which embittered and intensified the long struggle, we do not propose here to recall further; but the history of the location and re-location of the site for county buildings, and the erce- tion of the latter, are matters not only of interest, but are also matters of record, and cannot properly be ignored by us. Consequently, we give a condensed abstract of the records of the Board of Supervisors touching this important and, for years, all-absorbing topic, adding thereto only such

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IIISTORY OF TIOGA, CHEMUNG, TOMPKINS,

parole information as may be necessary to make the record more intelligible.

By the act organizing the county of Schuyler, Delos De Wolf, of Oswego County, Edward Dodd, of Washington County, and Vivus W. Smith, of Onondaga County, were appointed commissioners to locate the site of the county buildings; and Madison Treman and David F. Sears, of Hector, Roswell Holden and Hiram Chapman, of Reading, and Guy C. Hinman, of Catharine, were appointed building commissioners. The courts were to be held in such plaee as the Board of Supervisors should appoint until the erec- tion of a court-house, and prisoners to be confined in the Chemung County jail until the new jail of Schuyler County was completed.

The locating commissioners came to Watkins, and heard the testimony of the people concerning the propriety and advantages of that village for the location of public build- ings, and then procceded to Havana, where, to the surprise of the people of Watkins, as well as of the people of five of the seven towns of the county, including Hector (alone comprising nearly one-third of the territory of the new eounty), the site was located, the particular site of each building being specified. The location was as follows : " Beginning at the southwest corner of Peter Keyser's lot, on Genesce Street ; thenee 160 feet to the corner of Main Street ; thence east along the north line of Main Street 150 fect ; thenee north on a line parallel to Genesee Street 160 feet ; thence west along the south line of Keyser's lot 150 feet, to the place of beginning." The court-house was to be placed on the east part of the lot, fronting on Main Street, the clerk's office at the corner of Main and Genesee Streets, and the jail on the north part of the lot, fronting on Gen- esee Street. The premises selected were known as the " Mansion House lot" and residence of the late David Lec, deceased. The commissioners made the location May 22, 1854, and immediately departed for their respeetive homes.

At once the excitement beeame extreme, and the action of the commissioners was loudly and severely condemned by the people favoring the location at Watkins, and as vigor- ously defended by those favoring Havana. The newspapers published in the respective villages were terribly severe in their denunciations of each other, and unsparing in their efforts to belittle each other's loeality. A circular issued from Watkins charged Havana as being a "low, sunken, unhealthy plaec," and the Havana Journal retorted that a lock existed of ten feet " to let the Havana people down to a level with Watkins," and denied the charge of unhealthi- ness. The Watkins people replied, denying the charge that their level was ten feet below that of Havana, but that in reality the site of the village was sixteen feet above the top of the lock mentioned.

And thus throughout the long and tiresome struggle the press bandied charge and countercharge, while the courts were busy with bills for injunction, mandamus and certio- rari, and answers thereto, pleas and replications, and numer- ous and interminable arguments, wherein the commissioners and the locations were most thoroughly ventilated. Public meetings were held in Heetor and Watkins, and the com- missioners and their action freely denounced as " an outrage."

The building commissioners at onee procecded to the

erection of publie buildings, and contracts for the erection of a court-house of brick, 50 by 60 feet, the first story of 12 feet, and second 18 feet ; a elerk's office, 22 by 46 feet, and a wing 22 by 22 feet, and 12 feet in the clear, to be of briek and fire-proof; a jail, 42 by 62 feet, of briek, with eells of eut stone, first story 10 feet, and second 8 feet, with 8 cells in each story in the rear. The contraetors were W. C. Gillespie and Nathan Coryell, and four of the five commissioners signed the same, Hiram Chapman, of Read- ing, refusing to execute the contract. The clerk's office was to be completed Nov. 1, 1854; the court-house, July 1, 1855 ; and the jail, in the November following. The contract price was $15,000 to be paid by the county, and $4900 to be paid by the village of Havana.

The Watkins Republican denounced the contract as a swindle, and dcelared the supervisors never would levy a tax to pay the orders of the building committee; but the Republican reckoned without its host, for after several years of diligent refusal so to do, the Board of Supervisors did levy a tax to pay the orders of the commissioners, and immediately sold the property, as will be seen farther on.

The first meeting of the Board of Supervisors was held August 30, 1854,-the same being a special one convened pursuant to a call of all of the members,-at the " Jefferson House," in Watkins.

At this meeting Supervisor Phineas Catlin, of Catharine, presented a deed executed by Charles Cook for the premises designated by the commissioners as the site of the county buildings, but the deed, together with the bond of the building commissioners, was committed to the clerk of the Board, without further action, for safe-keeping.

At a second special meeting of the Board, held in the same place, October 25, at which six members were present, the Board by a vote of four yeas-the supervisors from Catharine and Cayuta declining to vote-rejected the deed of Mr. Cook as insufficient to pass the title to the premises to the county as provided by the act of organization of the eounty. The deed contained a reversionary clause, stipu- lating the reversion of the premises to the village of Ha- vana in case the county ccased to occupy the same for county purposes. Resolutions were adopted disapproving the " hasty action" of the building commissioners " in pro- ceeding with the ereetion of the county buildings without consulting with the Board of Supervisors as to the amount to be expended," and ordering the immediate institution of legal proceedings restraining the commissioners from fur- ther procedure in the erection of the said buildings. These resolutions and all questions concerning the action of the commissioners and the deed of Mr. Cook were passed by a vote of four yeas, viz. : W. E. Booth, of Dix ; Henry Fish, of Hector; Edwin C. Andrews, of Reading; and George Clark, of Tyrone. Orange was not represented at this meeting, and Mr. Catlin, of Catharine, and Le Roy Wood, of Cayuta, declined to vote.

Proceedings were instituted to stay the action of the building committee in the Supreme Court, and argued before Judge Shankland, who decided that the deed of Mr. Cook did not accord with the requirements of the act erecting the county, and was in consequence null and void, and that the commissioners were erecting the public build-

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AND SCHUYLER COUNTIES, NEW YORK.

ings on private property, for the payment of which build- ings the county could not be made taxable, and therefore dismissed the proceedings.

At the annual meeting in November, 1854, all of the towns being represented, a motion to approve the action of the building commissioners was tabled, and a bill of $66.08 expenses and costs attending the prosecution of the injune- tion against them allowed. The report of the commis- sioners, presented by Supervisor Catlin, was denied a reading by a vote of five nays to two ayes.

A resolution offered by the same supervisor to raise $15,000 by tax or loan to pay the expense of " erecting a court-house, jail, and clerk's office, according to the pro- visions of the act for that purpose," was also tabled by the same vote. Like resolutions from Mr. Wood suffered the same fate. Supervisor Barnes, of Orange, at the evening session of December 11, read the proof of publication in the Watkins Republican of an application to the Board of Supervisors by eighty freeholders of the county for a change of the site designated by the commissioners for the location of the county buildings of Schuyler County to the village of Watkins, on village lots Nos. 141 to 146 and 1 to 6 inelusive, containing about one and a quarter aeres. Mr. Barnes then introduced a preamble and resolu- tion reciting the fact of the commissioners' location of the site at Havana, the inadequacy of the deed from Mr. Cook for the site selected, and his refusal to properly convey the premises according to the act requiring the same, by reason of which the Board deemed the said selection null and void. That a large number of the freeholders of the county having applied for a change of the site to one designated by them- selves, and alleging that the site selected by the commis- sioners was inconvenient and improper, and that a " great majority of the inhabitants of the county were opposed to said site, and that a change of the same would be a publie benefit ;" and that, as "a precautionary measure (in ease such location should unexpectedly be held valid), a resolu- tion ought to be passed ;" " therefore resolved that the site for the court-house, jail, and clerk's office of Sehuyler County selected by the commissioners appointed to determine the same, situated on Genesee and Main Streets in Havana, be changed and removed to the village of Watkins, upon the premises above indicated." This action was had by a vote of five yeas to two nays. Mr. Booth introduced a supple- mentary resolution, declaring explicitly the determination of the Board that there was no legal site selected by the commissioners, and therefore under the authority conferred upon the Board by the law of April 3, 1849, the Board then and there selected for a site for public buildings the lots before described, the Board having contracted for the same in fee. And that all doubts of the legality of their action might be dissipated, and litigation and expense avoided, the Legislature be invoked to pass a law confirming the location of the Board at Watkins. The usual vote of five to two adopted this action.

The Board, by the same vote, directed the county courts to be held at Watkins until a court-house was " legally erected," and appointed a committee to procure suitable rooms for such purpose. The county elerk was also di- reeted to keep his office at Watkins, and until a elerk's

office was "legally erected," suitable rooms were to be pro- vided for him by the chairman of the Board, Henry Fish, of Hector. The Board, by the same vote, appointed the annual meetings to be held at Watkins. The resolutions offered by Supervisor Catlin for an appropriation for county buildings were again considered, and again tabled by the usual vote.

At a special meeting, Jan. 23, 1855, held at Watkins, at which all of the towns were represented but Heetor, the following proceedings were had : the sum of $12,000* was voted under the act for the erection of a court-house, jail, and clerk's office, $4000 to be levied in the fall of 1855, and the balance in two equal annual installments. A proposition from Mr. Catlin to raise. $15,000 for the purpose by loan was tabled. The clerk was directed to forward to the Legis- lature certified copies of the action of the Board on Mr. Cook's deed, the opinion of Justice Shankland thereon, and the action of the Board relative to the removal of the site of the county buildings.

A bill to legalize the action of the commissioners locating the site at Havana was presented to the Legislature in the session of 1855, but failed to become a law.

At a special meeting held April 24, 1855, the full Board being present, the site for county buildings at Watkins was examined, and a resolution to proceed without unnecessary delay to erect a court-house, jail, and clerk's office thereon was adopted by the usual vote of five to two. A building con- mittee was appointed with full power in the premises to do all things needful to carry out the resolution of the Board. This committee was W. E. Booth, E. C. Andrews, and H. R. Barnes. Le Roy Wood was tendered a place on the committee but declined, and Mr. Barnes was appointed.

The committee was also instructed to consider and report the best method of raising the means with which to ereet the county buildings.

" Guinnip's Hall," in Watkins, was designated as the place for holding courts, the act for the same being signed by the supervisors of Dix, Hector, Tyrone, Reading, and Orange. The clerk was directed to return to Mr. Cook or his representative or agent the deed executed by said Cook and in the clerk's (H. M. Hillerman's) possession.

At a special meeting of May 5, the opinion of Judge Amasa Dana, of Ithaca, having been previously obtained and read as to the powers of the Board to raise money, the building committee was authorized to borrow $12,000 for the erection and completion of the public buildings at Watkins, the loan to run three years. A form of bond was adopted, and the clerk and chairman authorized to execute the same. The vote stood on this action five to one, Cayuta being absent.

At the annual meeting in November, 1855, Supervisor Catlin moved that the same be held at the court-house in Schuyler County, " as required by law, Section 1, Rev. Statutes, vol. 2, page 417, 3d ed.," but the motion was tabled, as was a similar one of Mr. Wood's, to hold the meeting " at the court-house erected in pursuance of the

# The act creeting Schuyler County limited the expense for county buildings to $15,000, to be raised by tax or loan by the Board of Supervisors.

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HISTORY OF TIOGA, CHEMUNG, TOMPKINS,

act erecting the county of Schuyler as required by law." The vote was still five to two.

The resolutions for the removal of the county-seat from Havana to Watkins, passed at the annual meeting of 1854, were taken up and passed again as required by the statute in such cases made and provided, due publication of such proceedings having been made, two-thirds of the members voting for the same. The action of January 23 to raise money for public buildings was rescinded and another vote taken to raise $3000 for such purpose, and orders for that amount directed to be drawn on the county treasury in favor of James A. Drake and William Newman, con- tractors, for the erection of such buildings.

Supervisor Catlin again attempted to get his resolution to raise by tax or loan $15,000 for public buildings, and again was defeated by the same opposing majority.

Charges of misconduct were preferred to the Governor by the Board against Algernon S. Newcomb, county clerk, for refusing to hold his office at Watkins, as directed by the Board of Supervisors, and for " embarrassing the adminis- tration of justice in trying to prevent the holding of courts, refusing to attend by himself or deputy the October term of the county court and court of sessions, and for refusing to draw jurors for that court in October, and for withhold- ing papers of the court, and for drawing jurors and causing them to be summoned to appear at Havana, and giving them certificates of attendance and mileage."* On these charges the Board asked the Governor to remove the clerk and appoint a successor.

At a special mecting, held July 22, 1856, the building committee of the Board of Supervisors presented the con- tract made by them with Drake & Newman for building a court-house, which was then completed. The Board in a body (Cayuta being absent) visited and examined the build- ing, and subsequently appointed a committee to settle with the contractors, Abraham Lawrence, supervisor of Catha- rine, voting against the proposed action. Messrs. Booth, Andrews, and Fish were the committec.

At the annual meeting in November, 1855, the bids of the building commissioners, under the act of erection of the county, were rejected, and again at the annual meeting of 1856. The amount of money borrowed by the com- mittee of the Board for public buildings up to Dec. 31, 1855, was $4950, of which $2375, with interest, $489.11, fell due March, 1857, and was provided for in the tax levy of November, 1856, by a vote of five to two; $63 for costs and attorneys' fees on court-house suits were also provided for; $2575 in orders of the building committee in the hands of Newman & Drake, with interest, $180.25, were also appropriated for. The act declaring Guinnip's Hall a place for holding courts was declared no longer binding, and the county judge and elerk were notified to hold the courts in the " now completed court-house." Bills for court-house expenses, amounting to $500, were also allowed, the total amount appropriated for the county buildings at Watkins thus far, including the loan of the committee of the Board, being $8694.36. A resolution reciting the cost of the

court-house at $8000, with the jail unfinished and the clerk's office yet to be built, and authorizing a loan of $4500 of the Comptroller of the State for five years to complete the buildings, was adopted, and W. Booth and Henry Fish appointed commissioners to build the jail and clerk's office. These several votes on appropriations, loans, and the holding of courts were carried by the usual tally of five to two, Cayuta and Catharine alone opposing, their supervisors being Messrs. Samuel Roberts and Abraham Lawrence.

A special meeting of the Board, held Jan. 1, 1857, attended by the Supervisors of Dix, Hector, Orange, and Reading only, appointed Mr. Booth and Thomas L. Nichols, of Orange, a committee to defend an injunction suit brought against the Board by sundry individuals on court-house matters. At another meeting, March 24, 1857, the towns being fully represented, Mr. Booth was appointed to answer for the Board of Supervisors a certain writ of certiorari granted against the Board by Justice Thomas A. Johnson, of the Supreme Court, at the instance of Adam G. Camp- bell, William Skellinger, Peter Tracy, Robert P. Beebe, and Nathan Coryell. On the 8th of January, 1857, Mr. Booth presented to the Board an answer to the bill and writ, which was adopted as the answer of the Board, and Mr. Booth authorized to employ counsel to defend the interests of the Board in the suit, by a vote of five to two.

A new difficulty in the path of the Board in the pursuit of a court-house presented itself in the treasurer's office. That officer refused to pay the $3000 paid in to him as a court-house fund, on the orders of Drake & Newman. This difficulty was surmounted, at least for the time being, by the diversion by the Board of the said sum of $3000 from its intended channel into that of the school fund, and the treasurer was directed to pay to the State the school- tax then due from the county to the State, with the said funds. The treasurer was directed further to take from the school-tax levied for 1856, when the same was paid in, the sum of $3000, and apply the same to the payment of Drake & Newman's orders. He was further directed to reccive from the collectors such of the Drake & Newman orders as they had taken on account of taxes, to an amount not exceeding $3000. A resolution to insure the public buildings at Watkins, passed by the same vote as the above action, was carried, being the party strength, five to two. At a special meeting, June 12, the Board, realizing the situation, and desiring relief from the confusion of loral affairs, appointed a committee to consult and advise with eminent counsel, and obtain a written opinion as to the powers of the Board under their existing embarrassments and difficulties, Messrs. Booth and Nichols being ap- pointed by the usual vote. The treasurer, it was charged, had paid out to some towns, and withheld from some, the school money received, and the clerk was instructed to inquire of the Comptroller and Superintendent of Public Instruction why such action was allowed, and what pro- ceedings were necessary to enforce full payment of that fund to all of the towns.

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History of Tioga, Chemung, Tompkins and Schuyler counties, New York, Part 151

Author: Peirce, H. B. (Henry B.) cn; Hurd, D. Hamilton (Duane Hamilton) Publication date: 1879 Publisher: Philadelphia : Everts & Ensign Number of Pages: 1112

Author: Peirce, H. B. (Henry B.) cn; Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1879
Publisher: Philadelphia : Everts & Ensign
Number of Pages: 1112