History of Tioga, Chemung, Tompkins and Schuyler counties, New York, Part 152

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 152
USA > New York > Schuyler County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 152
USA > New York > Tioga County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 152
USA > New York > Tompkins County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 152

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 Havana interest, headed by Hon. Charles Cook, who was the life and soul of that interest financially and other- wisc, procured the passage of an act by the Legislature,

# These charges.were not sustained, sufficiently, at least, to procure the elerk's removal, and he held his full term of office.

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AND SCHUYLER COUNTIES, NEW YORK.

April 13, 1857, confirming the action of the locating com- missioners locating the site of public buildings at Havana, and declaring that village the county-seat. This act re- quired the trustees of Havana to execute a deed to the county of Schuyler of all reversionary interests in the site for public buildings, and also required the Board of Super- visors to levy, colleet, and pay into the county treasury the sum of $15,000 in three annual installinents from May 1, 1858, with interest from Jan. 1, 1856, less the amount in the treasury for such purpose. All records filed in the county clerk's office were declared by this act to be valid, except in such cases wherein the question of their legality was then before the courts, and all acts of the sheriff of the county were legalized execpt in similar instances.

The Board of Supervisors of little Schuyler were equal even to cope with the Legislature of the Empire State, and hence a meeting held Aug. 31, 1857, attended by four of the supervisors only, from Dix, Heetor, Orange, and Tyrone, resolved as follows :

" Whereas, The Legislature of 1857 annexed Schuyler County to the Sixth Judicial District, and by said act the judges of the Supreme Court are directed to hold a Circuit Court at Havana, and the said judges have appointed a court to be held there Sept. 1, 1857; and

" Whereas, The Governor of tho State (King) has, by proclamation, appointed a court there; and

" Whereas, Tho Board of Supervisors entirely disapprove of this unusual and extraordinary attempt through and by the Legislaturo and the Governor of the State to force upon the people of Schuyler County the illegally-erceted buildings at Havana (known as Cook's court-house, jail, and clerk's office), when the people of the county, through the Board of Supervisors, and in accordance with the law of 1849, have built a court-house in the village of Watkins, and have ordered courts to be hield there; therefore,

" Resolved, That the Board of Supervisors will take such immediato action as is necessary to restrain the sheriff of this county from tak- ing possession of the buildings at Havana, and from exercising any official act as sheriff therein," etc.

Messrs. Booth and Nichols were appointed a committee to carry the determination of the Board into effect, which they proceeded with alaerity to do, and there was no court. Judge Rood drew no jury for the Oyer and Terminer, and on an affidavit of one Lee (now in the Washington, D. C., penitentiary) that he was thereby impeding and embarrass- ing the administration of justice, the judge was ordered under arrest by Judge Baleom for contempt of court. The judge attended the court at Elmira, Binghamton, and Ithaca, at which latter place the matter was dismissed upon a hear- ing of the facts. At this time, also, notice was given by the judges holding the general term at Ithaca, that a term of the Supreme Court would be appointed for Schuyler County, and arguments would be heard concerning the place therein where the same should be held.

J. MeGuire and E. P. Hart, attorneys, argued the case for Havana, while Judge Rood argued for Watkins. Dana & Beers were the counsel for Watkins. The arguments were exhaustive on both sides, the first two being from carefully-prepared manuscripts, and Judge Rood's oral. The arguments lasted all day, and the judges counseled all night until two o'clock in the morning, and were unable to arrive at a decision where to hold the court, being equally divided on the question between Havana and Watkins. They therefore appointed a court to be held for the county, but did not name the place of holding it.

At the annual meeting of 1857, the full Board being present, another application was made to the Board to re- move the site of the county buildings from Havana to Watkins, in consequence of the passage of the aet by the Legislature confirming the location at Havana. The order for removal was passed as at the first annual meeting in 1854, and by the usual vote of five to two. The site pre- viously selected by the Board was again declared to be the site of the publie buildings, and in 1858 the same action was again had according to law. Another injunction was served on a portion of the members on court-house matters, and a committee was appointed to defend the interests of the county in the suit. Supervisor Lawrence moved that the sum of $4987.47 be levied under Section 3, Chapter 345, session laws 1857, which was tabled; a motion to raise $5700, " and pay the same into the county treasury in pursuance of Section 3, Chapter 345, session laws 1857," was ameuded by striking out all after the word " treasury." The bond of the treasurer elect, Cyrus Roberts, with five sureties, all of the same family name, was approved, and the bills of the building commissioners of public buildings at Havana again rejected, and an appropriation of $5000 was made for the county buildings at Watkins; the votes on all of these ques- tions, the approval of the treasurer's bond included, stand- ing at the old figures, five to two.

There was trouble again in the treasurer's office, that official refusing to hand over to his successor the county property in his hands and the balance of funds therein, on demand by Treasurer Roberts. The bond of Treasurer Charles I. Broas was thereupon, at a special meeting held January 14, 1858, declared by the Board to be forfeited and should be sued, and W. E. Booth was appointed to institute and prosecute such suit. Mr. Booth was also in- structed to commence suit against the late elerk for the re- covery of the county elerk's " fee-book," which the ex-clerk had removed from the elerk's office. At a special meeting on June 7, called to investigate the financial matters of the Board, John Wood, supervisor from Cayuta, introduced a resolution reciting the object of the meeting, and appoint- ing the supervisors of Hector, Reading, and Catharine a committee of investigation on the finances of the county. This resolution was amended by substituting the supervisors of Dix and Orange for those of Catharine and Reading, and the investigation then ordered.

A portion of the bills of the building commissioners at Havana was allowed at the annual meeting in 1858. The chairman of the Board was directed to provide rooms for the county clerk at Watkins, and notify him when ready for his occupaney. A resolution to assess and collect $4000 under the act of 1857 was tabled by the usual vote of five to two, and afterwards taken up and rejected four to three.

At a special meeting, held May 12, 1859, the full Board being present, Hon. Charles Cook appearing on the Board for the first time for Catharine, a writ of alternative mandamus, granted by Justice Baleom, of the Sixth Judicial District, on the affidavits of Gillespie, Coryell, and Treman, was served on the Board, requiring that body to immediately proceed to levy the sum of $15,000 by tax on the property of the county, to pay for county buildings, as required by Chapter 345, sessions laws, 1857, or to show cause why they

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HISTORY OF TIOGA, CHEMUNG, TOMPKINS,

did not. The Board appointed Supervisors Booth and Isaae D. Mekeel, of Heetor, a committee to defend the county against the writ. The Supreme Court justiees were pe- titioned to appoint a Cireuit and Oyer and Terminer to be held at the court-house where the county eourts were held, in Oetober or November, and certified copies of all the leg- islation of the Board of Supervisors fixing the county-seat at Watkins, and the appointments of the county judge for holding courts there, were forwarded to the justiees. This action was had by a vote of four to three, Orange voting with Havana.

Another meeting was held at Watkins, July 25, at which investigation of the Board of Supervisors and the county treasury, from the beginning of the eounty to date, pro- posed by Mr. Cook, was lost by a vote of three to three, the chairman not voting. The meeting adjourned until August 15, the contractors for the publie buildings at Havana being notified to appear at that time, and present their accounts. At this adjourned meeting Mr. Cook presented a resolution for an investigation of the finanees of the county, the lengthy preamble to which recited as follows : That large sums of money had been expended, to wit, $14,644.15, and a large sum borrowed on the eredit of the eounty ; that several hundred dollars had been paid to Supervisors Booth, Andrews, and Clark for indemnity and eosts in litigations, and that other sums had been paid Super- visors Booth and Barnes for " superintending the ereetion of the building ealled a court-house, at Watkins;" and large sums had been paid to Dana & Beers and other attor- neys for costs and counsel-fees, "not for advice to know the law and observe its provisions, but to find out how mueh machinery the county money must be made to pass through in order to blind and eheat the law and the tax- payers of the county." " Therefore, resolved, that a eom- mittee of three supervisors, consisting of Charles Cook, of Catharine, W. E. Booth, of Dix, and John Wood, of Cayuta, be appointed a committee to investigate the aets of former Boards of Supervisors and county treasurers to know why and wherefore these sums of money had been paid, and under what authority, with full power over persons and papers. The resolution was at first tabled,-four to three, -but on the 16th was again taken up, and after several in- effeetual attempts to substitute other supervisors for Messrs. Wood and Cook (the chairman not voting, and so tieing the vote), the resolution was finally adopted by five yeas, Booth and Clark not voting.

The eontraetors for the buildings at Havana reported their claims for the same at $12,592, with interest from Jan. 1, 1856, and the Board resolved to provide for the payment of the same at the annual meeting. Supervisor Booth presented for aetion a resolution reeiting the history of the aetion of the Legislature and of the Board of Super- visors eoneerning the building of eourt-houses and the location and removal of eounty-seats, which peculiar eir- cumstanees the people of the county oeeupied the " anoma- lous situation of being required to pay for buildings they do not need, and which they have had no voiee or will in ereeting ; and as the Board has the power to dispose of the buildings at Havana, therefore resolved, that the same be sold at publie auction, in Watkins, on the 15th September,

1859, to the highest bidder." This action was ordered by a vote of four to three. Messrs. Booth and Andrews were appointed a committee with full powers to earry the order of the Board into effeet.

At the annual meeting, in November, 1859, Mr. Cook, as chairman of the investigation ordered August 16, re- ported, and pending aetion thereon by the Board, he deelared the report to be his private property, and refused to deliver it to the Board, and said, "if any other report was wanted by the Board, it must be made without the use of his," and offered a resolution to print the same, under the diree- tion of the committee making it, which motion was tabled by the vote of four to three. By the same vote the Board the next day ordered the report placed in charge of the offieers of the Board, and not published until it was aeeepted and the publication ordered. A resolution citing the declaration of the Supreme Court at Ithaea, that grave doubts existed as to which was the legal eourt-house in Sehuyler County, and arguing the unwisdom per eonse- quenee of selling the publie buildings at Havana, and moving for a repeal of the order of sale of the same, was lost, as was also a proposition of Mr. Cook to apply to the Legislature to settle the question, by the standing vote, four to three. At the adjourned meeting, Dee. 12, 1859, Mr. Booth made a minority report of the investigation, eharging great latitude having been allowed in the same by the ma- jority of the eommittee, and that he had not had aeeess to all of the minutes of the investigation, and had not been allowed to see the majority report ; but, from the examina- tion of the records of the Board of Supervisors, the treas- urer's books, and the law, he believed that all moneys raised by the Board and paid out by the treasurer had been raised and paid under sanetion of law. That the organization of a new eounty necessitated a greater expenditure to set the machinery of government running than was required to keep it running when the said machinery was complete. That there had been expended the following sums from the eounty moneys :

For county buildings. $12,000

For books of record. 1,000

For transcribing records. 4,000

For fees of transcribing commissioners. 400

For census marshals 800

For costs and counsel fees, to which the county had

been subjected by "persistent prosecutions car-

ried on against her without cause," more than ...

1,000

Total. $19,200

This estimate did not inelude the extra pay of super- visors oeeasioned by the numerous special meetings held on aeeount of the trouble of the county-seat and various other items chargeable thereto. The report was aeeepted and approved by the eustomary vote, and a loan of $15,000 was authorized of the school fund to pay the balance of the debt on the publie buildings at Havana, and to pur- chase the site for the same. The loan was authorized by a unanimous vote.

At a special meeting held Feb. 6, 1860, four towns only being represented, a report was made of the sale of the publie buildings to George G. Freer, of Watkins, for $9000, and that ten per eent. of the purchase-money was paid into the treasury. A temporary injunetion was prayed out of the Supreme Court against the sale, but dissolved on the

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AND SCHUYLER COUNTIES, NEW YORK.

argument of the counsel for and against its perpetuating. The comptroller declined to make the loan of $15,000 ordered to be negotiated by the committee appointed for that purpose, the local affairs of the county being unsatis- factory.

A petition to form a new town from Catharine, and pro- posed legislation to again confirm the location of the site of county buildings at Havana, at the session of the Legis- lature in 1860, brought out the following action of the Board of Supervisors at this last meeting, February 6. A resolution was adopted declaring that the action already had to confirm such location had subjected the county to enormous expense and great inconvenience, and had "reduced the citizens of the county to a state little better than vas- salage, while anarchy and confusion has reigned almost supreme within her borders in consequence of the arbitrary and unjust interference of the legislative authority with the rights and franchises of her citizens, and this third at- tempt to invoke the power of this great State against us and forever deprive us of all those cherished privileges which distinguish freemen from slaves, and which are guaranteed by the constitution and laws to the citizens of every other county in the Empire State;" and whereas the county buildings at Havana had been duly disposed of ac- cording to law, and were no longer the property of the county, therefore the Board solemnly and earnestly pro- tested against the proposed legislation as impolitie and un- just, and calculated still further to complicate and unsettle the internal affairs of the county. The Board also pro- tested against the formation of a new town from Catha- rine as " unnecessary, and also as an infringement upon the local powers of the Board as conferred by the constitution and the laws of 1849, and because the object was to secure a preponderance in the Board of Supervisors to carry out the designs of a minority of the people of the county."

At a meeting held Feb. 27, 1860, the four towns in the Watkins interest only being represented, it was resolved to build a fireproof clerk's office of brick, and to complete the court-house building for jail purposes in Watkins, the ex- pense not to exceed $5000, divided as follows: $2000 for the clerk's office and $3000 for the jail, and a loan of that amount was ordered. Samne! Ross, of Reading, Reuben S. Smith, of Hector, and W. E. Booth, of Dix, were ap- pointed building commissioners. The sheriff was author- ized to provide for the safe-keeping of prisoners as he might decm advisable until the jail was completed. Mr. Freer, on attempting to take possession of the public buildings at Havana, under his alleged purchase from the county, was resisted by the people of Havana, or some of them, where- upon the Board ordered the sheriff to put him into possession, using such force to do so as he found necessary. The people of Havana had some misgivings as to the bona fide qualities of Mr. Freer's purchase, hence their resistance.

Ex-Treasurer Broas refused to pay a balance of $1300 over to his successor until certain claims were allowed and indemnity granted against certain suits brought against him by Drake & Newman, the contractors of the publie build- ings at Watkins, and suit was ordered to be instituted against him and his sureties.

Notwithstanding the remonstrance and protest of the 71

Board of Supervisors, the town of Montour was erected from Catharine, March 3, 1860, and on the 30th of the same month an act was passed declaring the site of county buildings of Schuyler County to be as located by the com- missioners in 1854, in Havana. Courts were ordered to be held there, and if at any time the buildings became incapa- ble of being used for such purpose the Board of Supervisors should provide others in Havana. Hon. Edwin H. Downs, of Catharine, was the Assemblyman from Schuyler County for 1860.

At a special meeting held April 30, a full Board being present, Mr. Cook offered a resolution to levy a tax of $15,000, less $2600 for the payment of orders of the building commissioners of the public building at Havana, then held by Gillespie & Coryell, contractors, according to the orders of a mandamus served upon the Board previously. This resolution was tabled by a vote of four to three. Mr. Booth then offered a resolution, which was adopted, reciting the action of the Legislature of 1860 confirming the loca- tion of public buildings at Havana, and the provision of the law requiring the Board to provide a place for holding courts in the event of the public buildings becoming inca- pable of being so used, and declaring that said buildings had become so incapable, being the property by absolute deed in fee from the county to George G. Freer ; and to avoid further expense of purchasing a third site and build- ing more court-houses, therefore, a lease of the buildings at Havana of Mr. Freer for a term of three years or less, should the law of March 3 be repealed, was ordered. This action was carried by the same vote, four to three, and the lease was accordingly made for the court-house and jail only for rental of $900 per annum and taxes. The rents were to be indorsed on the bond and mortgage of Freer to the county on the premises.

The resolution to build a clerk's office and jail at Wat- kins, passed February 27, was rescinded, four to three, Hector voting in the affirmative. The lease from Freer was ratified and confirmed by the same vote. A motion of Mr. Cook's to strike his name and those of Messrs. Wood and Barclay from the body of the lease, they being opposed to such leasing of the buildings, was lost by the same vote. A vote to hold the annual meetings in the court-honse at Watkins was tabled by the same vote.

A special meeting was called for May 9, but four towns only responded, and Montour now being a constituent of the Board, no quorum was present. Two other attempts were made to meet during the summer, but the Havana in- terest did not respond to the call, and no meeting was held until the annual meeting in November. At this meeting Mr. Cook appeared as the supervisor frou Montour, and certain votes on the county-seat question stood four to four, and were consequently lost. The furniture in the court- house at Watkins was ordered transferred to Havana, and certain improvements and repairs were ordered on the pub- lie buildings in that place. A vote to direct the clerk to make no indorsements on the lease from Mr. Freer on ac- count of rents, was lost. Ex-Treasurer Broas settled on a courpromise, the Board allowing his costs and indemnity on the Drake & Newman suits.

A loan of $10,000 was authorized to complete the court-

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HISTORY OF TIOGA, CHEMUNG, TOMPKINS,

house, jail, and clerk's office at Havana, under the super- vision of the original building commissioners of 1854, by unanimous vote, and an application for the same was made by the treasurer to the comptroller, and the loan made from the school fund. A further loan of $5000, for the same purpose, was authorized and obtained of Peter Tracy. Su- pervisors Booth and Cook were appointed to settle with the treasurer and ex-treasurer and contractor on the public works. At a special meeting held Feb. 7, 1861, the full Board being present, a vote was had to pay a balance of $17,399.77 due on orders of the building commissioners appointed under the act of 1854, which amount included the interest due from Jan. 1, 1856, as directed by the act of 1857. A loan of $3000 was authorized to pay a portion of said balance, and the same was obtained of Charles Cook. At the annual meeting of 1861, Winthrop E. Booth was succeeded by William Roberts as the supervisor from Dix, Mr. Cook still representing Montour. Mr. Freer made sev- eral propositions as to the court-house property on the re- quest of the Board, first, to extend the lease indefinitely on the same terms, $900 per annum and taxes ; second, to sell the property for $12,000 ; third, to sell the jail and jailer's residence, and a portion of the lot for $6000; fourth, to bind himself to sell the property for $9000, and complete the buildings at Watkins at a cost of $12,000, free of charge to the county, provided the Board would remove the county- seat to Watkins by legal action.

On the part of the Board a proposition was made to pay Mr. Frcer $900 and interest, the same being his advance payment of ten per cent. of purchase-money and cancel his mortgage for $8100, he to reconvey the property in fce to the county, and a committee was appointed to negotiate with Mr. Freer on that basis. A committee was also ap- pointed to consult with counsel as to the validity of the sale of the court-house at Havana to Freer, and the ad- visability of instituting proceedings to set aside the sale ; also to ascertain if suitable buildings could not be had else- where in Havana for the public purposes of the county ; also that the persons acting as supervisors in 1854 and 1855 be requested to quit-claim to Schuyler County the site of public buildings in Watkins, Mr. Freer, the grantor of the latter, claiming, under the decision of the Court of Appeals, that the act erecting the county of Schuyler in 1854 was unconstitutional and void, that therefore the per- sons claiming to be acting as the Board of Supervisors could not be a legal board, nor receive the title to said lots as such, and that in consequence the title to said premises was still in said Freer. The Board, without assuming to determine the question, desired to get any interest these persons might have acquired by Mr. Freer's conveyance. John H. Nichols, of Reading, was the committee to carry into effect the resolutions of the Board. At a special meet- ing held June 11, 1862, Mr. Nichols presented to the Board a quit-claim deed signed by the persons requested to do so, which was referred to J. McGuire, Esq., for examination, who subsequently (June 24) reported it perfect and ready for record, and the same was accepted by a unanimous vote. Mr. Cook, from the committee to ascertain what suitable buildings could be obtained for public purposes, reported that Military Hall, in Havana, could be had and made con-

venient at $100 rent per annum. Mr. Cook denied Mr. Freer's right and title to the court-house, jail, and clerk's office, and recommended no extension of the lease with Freer. Reuben S. Smith, the other member of the commit- tec, reported in favor of extending the lease with Freer, and cited the act of 1860 to justify such continuation. A re- solution declining to continue the Freer lease was lost by a vote of four to four. At the annual meeting, in 1862, a lease which had been running some two years to Professor Howe for a portion of the court-house in Watkins, for the use of the Watkins Academy, was canceled and a new one made.

On the expiration of the official term of Treasurer Cyrus Roberts, a certain note was given to the coming treasurer for certain interest on county money coming into his hands as he claimed after the expiration of his term of office, and from the payment of which Mr. Roberts asked the Board to relieve him. He said (according to a resolution offered by Mr. Cook and adopted by the Board nem. con. ) that the money received consisted of John Magee's check on Steuben County Bank for $900, which was given as the first payment on the sale of the court-house, jail, and clerk's office at Ha- vana ; and that certain parties at Watkins gave their notes to Mr. Magee for that amount ; the notes were not to be on in- terest, and no interest was to be allowed Mr. Magee on his check, and that the decd and mortgage of the above-men- tioned premises, together with the check, were placed in his (Roberts') hands by Supervisor Booth, with directions to keep them safely and not to use the check, and that he did so keep them from the time they were put into his hands, in January, 1859, to the expiration of his term of office in January, 1861, and that in no way had he been personally benefited by the use of the said check. The note of Mr. Roberts was given for $42, and was given up to him by order of the Board.

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History of Tioga, Chemung, Tompkins and Schuyler counties, New York, Part 152

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