USA > New York > Genesee County > Our county and its people : a descriptive and biographical record of Genesee County, New York, v. 1 > Part 31
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And be it further Enacted That the inabitants of said Village qualified to vote for Trustees as aforesaid at their first and annual meetings thereafter shall and they are hereby authorized and empowered to choose one Treasurer and one collector being inhabitants of said Village and having resided therein One year next previous to such election and the persons having the greatest number of Votes for each office respectively shall be deemed duly chosen and in case a vacancy shall happen in either of the above Offices by death removal from said Village or refusal to serve the trustees shall have the power to appoint some other person of the Qual- ification aforesaid to supply such vacancy until the annual meeting and the person so appointed shall be liable to the same penalties and restrictions as if duly elected at the annual meeting which said Treasurer and Collector shall be entitled to receive for their several services such suitable compensation as the legal voters of said Corporation or a majority of them at their annual meeting shall deem proper.
And be it further Enacted That the Trustees Treasurer and Collector shall before they proceed to execute their several offices and within ten days after their election respectively take and subscribe an oath or affirmation before any Justice of the peace of the town of Batavia for the faithful Execution of the Office or trust to which they may be severally elected Provided nevertheless That the said Treasurer and Collector before they take the oath or affirmation aforesaid shall re- spectively give security to the Trustees of said Village for the faithful discharge of their respective Offices in such sum and in such manner as the majority of them shall deem sufficient.
And be it further Enacted That it shall be lawful for the Trustees of said Vil- lage or a majority of them to appoint not exceeding fifty firemen out of the inhab- itants of said Village and the same or any of them to remove at pleasure and to appoint others in their stead and to regulate the times of meeting and exercise of said Company of firemen to appoint their Captain and other officers and to make such bye laws rules and regulations for the government of said Company and regulate ordain and establish such penalties for the breaking or disobeying of such bye Laws rules and regulations as they may deem expedient Provided that no penalty shall be inflicted on any fireman exceeding the sum of fifteen Dollars for any one offence and that the said Trustees or a majority of them shall have the power of remitting such fine or any penalty when they may deem it expedient.
And be it further Enacted That the Trustees within twenty days after their election or a major part of them shall and it is hereby made their duty to assemble at some convenient place in said Village and there choose and appoint some one suitable per- son of their body to be President of the said board of Trustees and some other suit-
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OUR COUNTY AND ITS PEOPLE.
able person being a taxable inhabitant of said Village to be Clerk to said board of Trustees and it shall be the duty of the President when present to preside at the meetings of the Trustees, to order extraordinary meetings of the Trustees whenever he may conceive it for the interest of the Village; to hear and receive complaints of the breach of any of the laws of said Corporation to see that all the bye laws rules and regulations of said Village are enforced and faithfully executed to prosecute in the name of the Trustees all offenders against or violators of the bye laws ordained and published as aforesaid to keep the seal of said village and to affix it together with his signature to all such rules and regulations as a majority of the Trustees shall deem proper and in case of the Death removal or inability of the President to discharge the duties of the Office it shall be the duty of the Clerk to notify the other Trustees of such death removal or mability who shall within ten days thereafter meet and elect another President out of their body to hold his office until the nex! annual meeting and it shall further be the duty of the President to take care of pro- tect and preserve all the property belonging to said Village as a Corporation to pre- side over all publie meetings of the villagers for the purposes and to do all such other acts and things as may be proper for the President of the Trustees to do and it shall be the duty of the Clerk to keep the minutes of all such votes orders rules and reg- ulations as are made by the freeholders and inhabitants of such Village at their pub- lic meetings, and also to attend the meetings of the trustees and record all the bye laws rules and regulations passed by them ; and the Trustees shall have power to re- move such clerk and to appoint a new one, and to appoint one pro tempore in case of the absence of the Clerk as a majority of them shall agree, and the Clerk shall re- ceive such compensation for his services as a majority of the trustees shall deem suf- ficient to be paid out of the funds of said Village.
And be it further Enacted That it shall be the duty of the Trustees and their Suc- cessors annually to assess on the several inhabitants and freeholders residing in said village the amount of the taxes which the freeholders and inhabitants of said Village shall at the annual meetings determine to be raised levied or collected in proportion to their property real and personal within said village and they shall likewise exer- cise the office of fire wardens in said village in case of fire.
And be it further Enacted That the Collector shall within such time as shall be hereafter limited by the bye laws of said Corporation after the receipt of his warrant for collecting of any Tax that may have been ordered to be raised colleet and pay the same to the Treasurer and that such collector shall have and exercise the same power in the Collecting such Taxes by distress and sale as the several collect- ors of Towns have in the levying and collecting of Taxes and that all monies which may at any time be in the hands of the Treasurer shall be liable to be drawn out by the Trustees or a majority of them and applied and disposed of as shall have been directed by the freeholders and Inhabitants of said Village or agreeably to the pro- visions of this act: Provided nevertheless that the Trustees shall have the Power to apply and dispose of any money in the Treasury not otherwise appropriated for any purpose or purposes for the benefit of said Corporation in their discretion anything in this act to the contrary notwithstanding.
And be it further Enacted That the said Trustees shall keep an account of their necessary disbursements and shall exhibit the same to the Taxable inhabitants of said Village at their annual meeting or any other legal meeting of said Corporation when required by a vote thereof.
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THE VILLAGE OF BATAVIA.
And be it further Enacted That if any one of the inhabitants of said Village qual- itied as aforesaid shall hereafter be elected and chosen a trustee and shall refuse or neglect to serve as such it may be lawful for the Trustees duly qualified or the major part of them to impose and inflict upon such person so neglecting or refusing such reasonable fine or fines as they may think proper Provided That such fine for any one offence shall not exceed the sum of Ten dollars to be recovered in the same man- ner that other fines or penalties are recoverable by this act and that in all cases when the Trustees of the Village of Batavia shall sue or prosecute by virtue of this act it shall be sufficient for the said Trustees to declare generally that the Defendent is indebted to them by virtue of this act to the amount of twenty five dollars or under and give any special matter in evidence under such declaration and in any action or ac- tions which may be brought for or against the Trustees or for or against any other person or persons for anything done under this act the freeholders or Inhabitants of said Village shall be and they are hereby declared Competent Witnesses or Jurymen for either party in such action.
And be it further Enacted That it shall be the duty of the President of the Board of Trustees to give notice to the Inhabitants of said Village of all public meetings at least one week previous thereto in such manner as a majority of the Trustees may deem proper and that it shall be lawful for the Trustees or a majority of them to call a publie meeting of the inhabitants of said Village when they may think it ex- pedient.
And be it further Enacted That all fines penalties and forfeitures and all monies obtained in any manner whatever by virtue of this act shall be paid into the hands of the Treasurer for the public use of said Village and the Treasurer shall and he is hereby authorized in case any person having so received any money by virtue of this act to and for the use and proper benefit of said Village and shall refuse or neglect to pay the same to him to prosecute every such Offender in the name of the Trustees of said Village for monies had and received to and for the use of said Village.
And be it further Enacted That each and every individual owning or being in possession of land in the said Village adjacent to the Street of said Village shall make and improve side walks in front of such land under the direction and superin- tendence of the Trustees Provided nevertheless that no individual shall be compelled to expend a greater sum than Ten Dollars in any One year for such purpose and in case any person shall neglect or refuse to build or repair such side walk in front of his or their land after being duly notified by the Trustees the said Trustees may erect or repair the same and charge such person or persons therewith and recover the same in the same manner that other penalties are recoverable by virtue of this act.
And be it further Enacted That this act be and the same is hereby declared to be a public act and shall be construed in all Courts of Justice within this State benignly and liberally to effect every beneficial purpose therein mentioned and contained.
A supplementary act passed April 9, 1831, contained the following provisions :
Be it enacted by the people of the State of New York represented in Senate and Assembly That in addition to the powers vested in the Trustees of the Village of Batavia in and by the act of which this is a supplement that the said Trustees have full power and authority to determine the number of groceries to be kept in the
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said Village and to license such and so many thereof for such sum or sums of money as they the said Trustees or a majority of them shall determine to be just and proper which said money shall be paid into the hands of the Treasurer of the said Corporation for the use of the said Corporation the said Trustees shall also have full power and authority to compel each and every house keeper or person being in pos- session of any building in said village to keep their fire places chimneys and stoves clean and in good repair also to order and direct each and every person who shall be in possession of any building in said Village to provide themselves with one or more fire buckets the said Trustees shall also have full power and authority to suppress and prevent nuisances generally and may make and ordain such prudential by-laws rules and regulations in reference to the above objects as to them or a majority of them shall seem meet and proper.
And be it further Enacted That the person or persons in possession of any real estate in said Village at the time any tax is assessed shall be liable to pay the amount assessed thereon and if such person or persons is or are not bound by con- tract or otherwise to pay such tax or any part thereof he she or they shall and may recover the same from the owner or owners of such real estate or other person whose duty it was to have paid the same.
And be it further Enacted That it shall be lawful for the freeholders and inhab- itants resident in the Village of Batavia qualified to vote at their annual meeting in each and every year to choose aud elect by ballot a Village Constable who when elected shall be vested with the same powers and authority and subject to the same duties in all cases civil and criminal as by law appertain or belong to constables chosen at the annual Town meetings of the Town of Batavia Provided however that the said Constable shall not have power or authority to execute any civil process ex- cept the Corporation of said Village shall be a party thereto or interested therein and provided further that the said Constable shall within ten days after his election and before he enters upon the Duties of his office shall take and subscribe an oath or affirmation before any justice of the peace faithfully to execute the Duties of his office and shall also give security to the Trustees for the faithful discharge of the duties of his office in such sum and in such manner as Majority of the said Trustees shall deem proper and sufficient.
And be it further Enacted That it shall be and is hereby made the duty of the Trustees of the Village of Batavia at each and every annual meeting of the inhab- itants of said Village to exhibit a just and true account of the expenditure of all monies which shall have been assessed or otherwise received for the use of the Cor- poration of said Village.
In accordance with the provisions of this charter a meeting of the inhabitants of the village was held June 3, 1823, at the tavern of James Ganson. C. Carpenter and D. Tisdale, justices of the peace, presided, and the following were chosen officers for the first year:
Trustees, Daniel H. Chandler, David E. Evans, Nathan Follett, Simeon Cum- mings, Silas Finch ; treasurer. Trumbull Cary ; collector, Parley Paine.
These officers met June 14 and made these appointments :
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THE VILLAGE OF BATAVIA.
President, Daniel H. Chandler; clerk, Oliver G. Adams; assessors, Silas Finch, Nathan Follett; superintendent of streets and sidewalks, Simeon Cummings; pound- keeper, Robert P. Betts.
While the original charter of the village of Batavia and its supplement are quaint documents, they are hardly more interesting than the first ordinances adopted June 5, 1823, by the trustees, signed by Daniel H. Chandler as president, and printed and posted in conspicuous places throughout the village. These ordinances related exclusively to the subject of impounding stray animals, fast riding or driving, and detin- ing sidewalks. After describing the duties of poundmaster and the limitations of owners of animals, the first ordinance provides that " such Pound keeper shall receive for his services the following fees, to wit: for driving each swine to pound, six cents, and six cents for each day he shall keep the same; and for driving each horse to pound, twelve and an half cents, and twelve and an half cents for each day he shall keep the same; and six cents for advertising, and six cents for selling each swine or horse impounded as aforesaid." Sidewalks were defined as " the space of twelve feet, on each side of the streets." It was also ordained that " there shall be no running or racing of horses in the several streets within the boundaries of the Corporation of the Village of Batavia. Each and every person running a horse upon any of the streets within the said Corporation, shall forfeit and pay to the trustees of the said corporation, the sum of one dollar, with costs of suit; and each and every person running a single horse, with a carriage, sled or sleigh, on any of the streets aforesaid, shall forfeit and pay as aforesaid, the sum of Two Dollars; and each and every person running a pair or span of horses, with a carriage, sled or sleigh, on any of the streets aforesaid, shall forfeit and pay as aforesaid, the sum of Five Dollars; and each and every person, who shall a second time be guilty of a violation of this ordinance, shall forfeit and pay as aforesaid, double the amount for each and every offence above enumerated, with costs of suit as aforesaid."
From this time on the village began to realize the benefits of incor- poration. Streets were improved, sidewalks constructed, street lights were provided for and measures were taken to guard against the rav- ages of fire. The first fire company was not organized, however, until April 20, 1824. The " Rules and Regulations enacted by the trustees of the Village of Batavia in relation to the Fire men and Fire Company in said Village April 20th, 1824," read as follows:
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OUR COUNTY AND ITS PEOPLE.
There shall be one fire company established in the village of Batavia to consist of twenty-five men, and shall be denominated Batavia Fire Company, and located at such place as the Trustees may hereafter designate.
The following persons are hereby appointed fire men in said company:
William Seaver, Jun., Captain; Nathan Follett, Hinman Holden, Norman Town, William R. Thompson, Benjamin Allen, Stephen Grant, Naham Loring. John S. Moon, Jonathan Lay, Horace Gibbs, David M. Gardner, Rufus Burnham, Walter Seymour, Daniel H. Chandler, Frederick Follett, William Purcel, Parley Pame Oran Follet, William Platt, Daniel Gates, Ralph Stiles, Hezekiah Platt, William Dickinson, Charles C. Church.
The members of said Company shall hereafter elect their captain by a plurality of the votes of the members present, and, such person so elected shall be respected in his office, and shall discharge the duties of the same and shall hold his office for one year, and until another shall be elected.
It shall be the duty of the members of said company. in the event of fire, to repair with all possible dispatch to the place of rendezvous, and conduct themselves in an orderly and efficient manner in discharging their duties in extinguishing fire, under the penalty of Five Dollars for each offense, to be prosecuted for and recovered and applied according to law.
In case of fire it shall be the duty of every person present to obey the directions of the Trustees of the Village, in the formation of Bucket Lines, and to render such other assistance as may be required, and any person present who shall refuse to comply with such orders, shall for each offense, pay to the Trustees for the use of the Inhabitants of said Village, a fine of five dollars.
This was the first fire company organized in Batavia, and the found- ation of the modern fire department of the village.
May 4, 1824, the board of trustees of Batavia, consisting of Daniel H. Chandler, David E. Evans, Silas Fink and Nathan Follett, reported that they had expended the sum of $295.51 for street improvements; also that " the trustees have very recently expended $17. in construct- ing a sluice way across the street near Mr. Burnhams in order to drain. a pond, which threatens, unless speedily removed, to create consider. able sickness."
A tragic event, the notorious " Morgan affair," which had its incep- tion in Batavia, transpired in the year 1826. The details of this lament- able occurrence are given in an earlier chapter on the history of the county.
The brewing industry in Batavia had its inception in a brewery and malt house established in 1827 by Libbeus Fish. The business grew steadily until by 1860 the annual output amounted to eight thousand barrels. Libbeus Fish was sole proprietor until 1835, when his son, Eli H. Fish, became proprietor. In 1862 the latter sold the business to Boyle & Smith, who in turn sold it in 1861 to Mr. Fish. The build-
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THE VILLAGE OF BATAVIA.
ings were burned in 1865. The same year Mr. Fish erected a malt house on the site, conducting it until 18:1, when he formed a partner- ship with Robert A. Maxwell. Early in 1842 Maxwell & Ensign suc- ceeded to the business. The plant was destroyed by fire in December, 1872, but within a few months had been rebuilt by Mr. Fish, who then formed a partnership with A. H. King. In 1876 the interest of Mr. Fish was purchased by A. H. King & Son. Fire again destroyed the plant in May, 1883; but King & Son at once rebuilt it, increasing its capacity twofold. In 1886 Mr. King became sole owner, and in 1888 the property passed into the hands of Upton & Warner.
In 1850 John Eager bought the old stone Methodist Episcopal church on West Main street, which he converted into a brewery. This he con- ducted until 1862, when it was destroyed by fire. He then erected a commodious brick building on the opposite side of the street, in which he continued the business. Mr. Eager died December 23, 1869. His widow conducted the business for a short time, since which it has been in the hands of his sons and daughter, Wellington T. Eager, Herbert B. Eager, and Mrs. E. M. Whitcomb.
In 1857 Eli H. Fish constructed capacious ale vaults on the site of the original Fish brewery. This plant changed hands several times until, in 1880, it came into possession of William Gamble, who operated it until ISS?, in which year the buildings were burned. Soon after the Batavia Brewing Company was formed, with William Gamble as super- intendent, and this company erected a new building in the eastern part of the village in the fall of 1889.
The Bank of Genesee of Batavia was incorporated in 1829 with the following directors: Alva Smith, James C. Ferris, Oliver Benton, Henry Hawkins, Gaius B. Rich, Jacob Le Roy, Trumbull Cary, Rufus H. King, Jonathan Lay, Roswell L. Burrows, Israel Rathbone, Phineas L. Tracy, Joseph Fellows.
Its capital stock originally was one hundred thousand dollars, but this was increased the first year to one hundred and fifty thousand dol- lars. The first president was Trumbull Cary and the first cashier Will- iam M. Vermilye. In 1851 the institution was reorganized as a State bank. In March, 1865, it became a national bank, under the name of National Bank of Genesee, having a capital stock of one hundred and fourteen thousand four hundred dollars. In 1855 the charter was re- newed and it continued business as a national bank until June, ISSS, on which date the charter was surrendered and the bank was reorgan-
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ized as a State bank having a capital of seventy five thousand dollars. Among those who at various times have served as directors of the Bank of Genesee are Jacob Le Loy, Oliver Benton, Trumbull Cary, Alva Smith, James C. Ferris, Gaius B. Rich, Rufus H. King, Henry Hawk- ins, Phineas L. Tracy, Israel Rathbone, Joseph Fellows, Jonathan Lay, R. S. Burrows, John Foot, G. W. Lay, David E. Evans, James Wads- worth, Horatio Stevens, John S. Ganson, Samuel Skinner, C. M. Lee, John B. Skinner, Benedict Brooks, Horatio Averill, Thomas Otis. William M. Sprague, J. E. Robinson, Benjamin Pringle, S. Grant, Aaron D. Patchen, Walter Cary, J. S. Wadsworth, T. H. Newbold, Miles P. Lampson, Thomas Brown, William Lampson, H. U. Howard, E. H. Fish, R. T. Howard, Augustus N. Cowdin, Trumbull Cary, Dr. Charles Cary, J. N. Scatcherd, and H. F. Tarbox. The following have served as officers of the bank :
Presidents .- Trumbull Cary, from the organization to March 31, 1840; Phineas L. Tracy, 1840-1851; Benjamin Pringle, 1851-1855; H. U. Howard, 1855-1885; Augustus N. Cowdin, 1885-1898; Trum- bull Cary, 1898 to present time.
Vice-Presidents .- Phineas L. Tracy, 1831-1840; J. C. Ferris, 1840- 1844; J. B. Skinner, 1844-49; Benjamin Pringle, 1849-1851; Alva Smith, 1851-1853; H. U. Howard, 1853-1855; Alva Smith, 1855-1857; J. B. Skinner, 1857-1870; E. H. Fish, 1870-1879; Walter Cary, 18:0- 18S2; W. Lampson, 1882-1885; H. F. Tarbox, 1891-1894; J. N. Scatcherd, 1894-1898.
Cashiers .- William M. Vermilye, from organization to May, 1830; J. S. Ganson, 1830-1838; J. E. Robinson, 1838-1851; T. C. Kimberly, 1851-1858; M. L. Babcock, 1858-1859; Augustus N. Cowdin, 1859- 1SS5; Trumbull Cary, 1885-1898; Lewis F. McLean.
For many years the Bank of Genesee was the only financial institu- tion in this section of the State, and its business extended over nearly all of Western New York.
The first official record of any fire engine in the village of Batavia is found in the annual report of the board of trustees for 1830:
An attempt had made some years ago, to organise a fire Company; but it had failed, probably, because the Corporation had no Engine ; an essential object, to con- centrate and direct the attention and discipline of such a company.
In September last, a small Engine, upon an improved and cheap plan, was bro't to this village, exhibited for several days to the inhabitants, and offered for sale on a year's credit, at $270, with interest.
A Memorial was presented to the trustees, signed by forty seven persons, contain-
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ing the names of the most respectable inhabitants, and heaviest taxpayers in the Corporation, praying the trustees to purchase said Engine, and pledging themselves to vote for a tax to meet the payment for the same.
In compliance with so respectable, and so reasonable and proper request, the trus- tees purchased said Engine, and gave a Note for the same, under the seal of the Corporation, on interest.
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