Westchester county in history; manual and civil list, past and present. County history: towns, hamlets, villages and cities, Volume III, Part 31

Author: Smith, Henry Townsend
Publication date: 1912-
Publisher: White Plains, N.Y. H.T. Smith
Number of Pages: 486


USA > New York > Westchester County > Westchester county in history; manual and civil list, past and present. County history: towns, hamlets, villages and cities, Volume III > Part 31


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The County funds are derived from taxation, from fees paid by litigants in the Courts of the County and from fines imposed upon persons who have violated the laws, and from authorized sale of bonds.


He is required to keep accurate accounts showing all moneys, revenues and funds received by him, specifying each kind of funds authorized by law.


He must countersign all orders for the disbursement of the County money, and is required to report to the County Board of Supervisors, every three months, the condition of the funds of the County.


The term of office is three years. The salary is $10,000 per annum, fixed by the Board of Supervisors in 1907. The salary of the Deputy County Treasurer is $3,000 per annum; Clerk, $1,500 per annum; Stenographer, $500 per annum.


The following named persons were elected and served as County Treasurers, in this County, in the years here mentioned :


Francis M. Carpenter, Mount Kisco, 1897-8-9-1900-1-2.


Joseph B. See, North Castle, 1903-4-5-6-7-8.


. George T. Burling, White Plains, 1909-10-11; reelected in 1911, for another term.


DEPUTY COUNTY TREASURERS.


Samuel C. Miller, White Plains, 1897-8-9-1900-1-2.


Leonard E. Teed, White Plains, 1903 to date, now acting.


Zopher Carpenter, Mount Kisco, Clerk, 1902 to date, now acting


Josephine M. Sutton, White Plains, Stenographer, appointed in 1910.


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COUNTY CLERKS.


(Continued from page 106, Vol. 1.)


The County Clerk has the custody of records, books and papers of the County. Is the keeper of the seal of the County, which must be used by him in numerous cases where he is required by law to authenticate his acts by the use of an official seal. He is to keep an accurate record of all official bonds filed in his office, and details relating to same. He is required to give to persons demanding the same, and paying the lawful fee therefor, a copy of any record, paper or account in his office. He must also perform such other duties as may be required of him by law.


The term of office is three years. The salary is $10,000 per annum, fixed by the Board of Supervisors.


State Laws of 1909, chap. 318, changes the mode of com- pensating a County Clerk in this County, as such law author- izes the Board of Supervisors of the County of Westchester to declare on January 1, 1911, the office of County Clerk of such County a salaried office, and to fix and determine the amount of the compensation and regulating the management of such County Clerk's office; and fix salaries of deputy clerks. Salary not to be changed during term; Clerk to perform all services heretofore performed by occupant of such office and moneys collected as fees to be turned over and to belong to the County. The said County Clerk and his deputies are to give bonds to the County to insure faithful discharge of duties.


Under a recent decision of the Court of Appeals, County Clerks have power to appoint clerks to Supreme and County Courts.


The Governor may remove from office a County Clerk, as he can a Sheriff, District-Attorney, Register or other County officer, within the term for which he has been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. No person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year (January 1) next succeeding the first annual election after the happening of the vacancy.


Though no law prevents, unless it is an " unwritten law " of political party organization, of recent years no person has


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held, in this County, this office for more than two terms, six years.


Under special acts of the Legislature the County Clerk of this County provided printed official ballots and stationery for elections, designated newspapers in which election notices and names of candidates to be voted for, and the official canvass of votes cast were published; since 1908 the work of printing ballots and designating newspapers has been looked after by the County Commissioners of Elections.


In addition to the list published (in volume one), the posi- tion of County Clerk has been filled by the following named persons in the years here given :


John M. Digney, 1886 to 1896.


Leverett F. Crumb, Peekskill, 1896-7-8-9-1900-1.


L. Sutherland, Yonkers, 1902-3-4-5-6-7.


Frank M. Buck, Mount Vernon, 1908-9-10, and re-elected in 1910, for years 1911-12-13.


DEPUTY COUNTY CLERKS.


Robert Coward, Port Chester, 1897, up to the time of his accidental death, February 15, 1906.


Charles Hepenstal, of Yonkers, appointed February 19, 1906, to succeed Mr. Coward, is now acting.


Charles J. F. Decker, Frank Montross and Charles E. Long, Supreme Court Clerks.


The attaches of the County Clerk's office, 1911, appointed in accordance with the law making the office of County Clerk a salaried one, are as follows: Walter Y. Paulding, Mount Ver- non, second deputy; George W. Elrodt, Mount Vernon, third deputy ; Harold H. Bailie, Port Chester, Certificate Clerk; Les- ter A. Conkling, of Peekskill, Bookkeeper and General Clerk; Charles A. Marshall, Port Chester, Document and General . Clerk; Margaret M. Magee, Mount Vernon, Stenographer and Typewriter.


DISTRICT-ATTORNEYS OF THE COUNTY. (Continued from page 104, Vol. 1.)


The District-Attorney is the prosecuting officer of the County. He is elected by the people and holds office for the term of three years.


He is principally concerned with the prosecution of criminal


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offenders against the law, but he also performs many other duties imposed upon him by various statutes of the State.


The office is of great importance, and the incumbent is required to be possessed of ability and energy in order to meet the demands of his official position. Westchester County has been specially fortunate in being able to get most prominent mem- bers of the bar to serve as District-Attorney and as assistants to the District-Attorney.


Subsequent to 1846, District-Attorneys have been elected by the people in each county of this State. The office was created in this State on April 4, 1801, and a certain number was appor- tioned to districts composed of several counties. An act of the State Legislature, passed in 1818, made each county a district, to possess each a District-Attorney, solely its own. Until their election by the people was provided for, in 1846, District-Attor- neys in this State were appointed by Courts of Sessions in each county.


The Legislature can not extend term of office of District- Attorney while he is in office. (People, ex rel. Eldred, vs. Palmer, 21 App. Div. 101.)


The Governor may remove a District-Attorney on proven charges, after a hearing.


The Board of Supervisors, by an act of the State Legislature, of April 14, 1852, is authorized to make the office of District- Attorney a salaried one, and fix the salary thereof, but the salary can not be changed while the incumbent is in office.


State Laws of 1906, chap 319, empowers the District-Attorney of Westchester County to appoint two assistants, to be called first and second Assistant District-Attorneys. Salaries of said officials to be fixed by the Westchester County Board of Supervisors.


The salary of the District-Attorney in this County, fixed by the Board of Supervisors in 1910, is $8,500 per annum. The salary of an Assistant District-Attorney $3,500 per annum; of Clerk, $1,500 per annum.


Following are the names and addresses of persons holding this office, in this County, and the years they served, from 1896 to and including 1913 :


George C. Andrews, Tarrytown, 1896-7-8-9-1900-1.


J. Addison Young, New Rochelle, 1902-3-4-5-6-7.


Francis A. Winslow, Yonkers, 1908-9-10; re-elected in 1910, for years 1911-12-13.


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ASSISTANT DISTRICT-ATTORNEYS.


Frederick E. Weeks, White Plains, from 1896 to 1907.


Frederick E. Weeks, first assistant, from 1907 to date.


William A. Moore, New Rochelle, second assistant, from April 27, 1906, to January 1, 1908.


Lee P. Davis, Yonkers, second assistant, from 1908 to date.


CLERKS.


Frank E. Clarke, White Plains, February 6, 1908, to 1910. John Wheatley, Yonkers, 1910, now acting.


For names of others who have held official positions in the District-Attorney's office, prior to 1896, see page 104, Volume 1.


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SHERIFFS OF THE COUNTY. (Continued from page 110, Vol. 1.)


The Sheriff is one of the most important executive officers of the County. The office of Sheriff originated in England and is of great antiquity. By some authorities the office of Sheriff is said to have been created by King Alfred, but others are of the opinion that the office is of still greater antiquity and that it existed in the time of early Romans.


It is the duty of a Sheriff to execute the orders of the Court in civil as well as in criminal actions.


In case of riot or the unlawful assemblage of persons within the county, it is the duty of the Sheriff to enforce and maintain the law, and to this end he has the right to call upon any and all able-bodied citizens in the county to assist him. Thus he and his deputies perform the duties in the county which are delegated to police officers in cities.


Relative to the office of Sheriff, the State Constitution says: " Sheriffs shall be chosen by the electors of the respec- tive counties, once in every three years and as often as vacancies shall happen. Sheriffs shall hold no other office and be ineli- gible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for acts of the Sheriff. (The act making


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counties liable for damages by mobs and riots does not conflict with this.) The Governor may remove any officer within the term for which he shall have been elected, on charges proven. (One elected to fill a vacancy serves for a full term of three years, as the Courts have decided.)


Sheriffs have been elected by the people of this State since the year 1846; prior to that period they were appointed by the Governor of the State. The duties of a Sheriff are similar in all counties of the State. They are justly termed the strong arm of the Courts in enforcing law and order.


In former years Sheriffs of Westchester County were com- pensated for their services by fees received from the County and in civil cases in which fees were paid by private parties. He was required to pay, out of such fees, for all assistance employed by him in the discharge of his official duties. Court Officers, appointed by the Sheriff, to be in attendance on the several Courts (Supreme and County Courts) held within the County, were a charge on Westchester County, and were paid at the rate of two dollars per day.


By act of the Legislature, Chap. 687, Laws of 1894, the office of Sheriff, in Westchester County, became a salaried one; the salary to be fixed by the Board of Supervisors at a sum not to exceed $10,000 per annum, payable monthly; in addition he is permitted to retain the Sheriff's fees and perquisites in all civil cases in which the same are to be paid by private parties. By this act, also, the Sheriff was permitted to employ a Clerk at an annual salary of $1,200; a Jailor at an annual salary of $1,200; a day and night Watchman at $600 per annum each; a Cook and other servant, together, $500. These officials to be hereafter paid by the County, in monthly installments. In addition to his salary, the Sheriff is permitted to charge the County with, and be entitled to, his actual fee or other dis- bursements for travel, lodging and food incurred while attend- ing to the transportation of juvenile delinquents and any other person whom he is required by law to transport, where the cost of such transportation is by law a County charge.


The act of 1894, relating to the Sheriff of Westchester, was amended by act of the Legislature in the following year, Chap. 420, Laws of 1895. This act benefits the occupant of the Sher- iff's office, by lessening the drain on his salary and private fee account, by causing the County to share in the office expense account. By this act it was provided that the County pay salaries of certain employees of the Sheriff, as follows: a Clerk


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at $1,200 per annum; a Jailor at $1,200 per annum; a Deputy Sheriff at $1,500 per annum; a Day Watchman at $600 per annum; a Night Watchman at $600 per annum; a Cook at $500 per annum.


Then next followed an act of the Legislature, which became a law, authorizing the Sheriff to appoint in place of the two dollars a day Court Officers, number unlimited, nine uniformed Court Officers who would devote their entire time to the dis- charge of their duties; it being deemed necessary to have a regu- lar force of Court officers always on duty, especially as there are quite frequently at the County-seat as many as three Supreme Courts and a County Court in session on the same days.


The office of Under Sheriff was from the date of its origin, in 1847, to the year 1900, but an honorary one, with no desig- nated duties, and was bestowed by newly elected Sheriffs upon cherished friends, personal or political, whom it was desired particularly to honor. These Under Sheriffs were given neither salary nor fee. Some of Westchester County's most distin- guished citizens have held, and were proud to hold, this office. Fortunately, none were called upon to fill the higher office owing to vacancy caused by death of the Sheriff.


The Legislature in 1899 passed an act (Chap. 310, Laws of 1899) which in a considerable degree reconstructed the work- ings of the Westchester County Sheriff's office. The Under Sheriff was made the head of the staff and put on the active list of those assisting the Sheriff in the discharge of his duties and is the recognized director in the absence of the Sheriff. The act further provides for a Counsel at $1,500 per annum; a Clerk at $1,200; a Jailor at $1,200 per annum; an Assistant Jailor at $900 per annum; three Deputy Sheriffs at $1,500 each per annum; a Day Watchman at Jail at $900; a Night Watch- man at Jail at $900 per annum; a Cook at Jail at $500 per annum, which sums shall be paid in monthly installments by the County Treasurer.


By further enactment of the Legislature, in 1905, the Sheriff is authorized to employ an Assistant Clerk at a salary of $1,200 per annum.


In 1910, the Board of Supervisors fixed salaries of officials connected with the Sheriff's office as follows, per annum : Sheriff, $10,000; Under Sheriff, $2,500; three Deputy Sheriffs at $1,800 each; Counsel to Sheriff, $2,000; Clerk to Sheriff, $1,500; Assistant Clerk, $1,200; Court Officers at $1,200 each; Warden to County Jail, $1,500; Assistant Warden, $1,000;


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Physician to Jail, $400; Day and Night Watchmen at Jail, $1,000 each; Matron to Jail, $600; Cook and other servant, $600; Night Watchman at Court House, $900; Janitor and assistants at Court House, $4,000; Chief Engineer, Court House, $1,500.


The following named residents acted, in years given, as Sheriffs of this County. The term of the office is three years, and under the Constitutional law a Sheriff cannot be elected to succeed himself. The recently adopted rule not to elect the same person twice to this office, in this County, is not one pre- scribed by law. An eligible person can be elected as Sheriff as often as the people desire to elect him, provided he is not elected to immediately succeed himself, for two or more suc- cessive terms :


Addison Johnson, Port Chester, 1895 to 1898.


William V. Molloy, New Rochelle, 1898-9-1900.


Samuel C. Miller, White Plains, 1901-2-3.


James S. Merritt, of Port Chester, 1904-5-6.


Charles M. Lane, Pleasantville, 1907-8 to April 23, 1909. Sheriff Lane died April 23, 1909; Under Sheriff Henry Scherp acted as Sheriff until January 1, 1910.


Henry Scherp, New Rochelle, 1910 (died October 9, 1911).


William J. Doyle, Katonah, 1912, for full term.


UNDER SHERIFFS.


The following named persons were duly appointed by the several Sheriffs of the County to serve in the capacity of Under Sheriff, terms commencing on the dates given, and for a term of three years :


John McNally, Ossining, 1898. Joseph B. See, North Castle, 1901.


Charles M. Lane, Pleasantville, 1904.


Henry Scherp, New Rochelle, 1907.


William J. Doyle, of Bedford, 1910 to 1912.


Ulrich Wiesendanger, Yonkers, 1912, now acting.


Officials connected with the Sheriff's office in 1913, other than those heretofore named, are as follows :


Counsel, Henry R. Barrett.


Deputy Sheriff, Charles E. Nossitter. Deputy Sheriff, William F. Wagner. Deputy Sheriff, Charles Lent.


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COUNTY REGISTER OF DEEDS.


(Continued from page 107, Vol. 1.)


The duties of this office is explained in its title-to register deeds. Prior to 1858 the duties of Register were performed by the County Clerk in this County, as is now done in all counties of the State, excepting three, New York, Kings and Westchester.


A law enacted by the Legislature, taking effect on April 16, 1858, created the office of Register of Deeds for Westchester County.


Laws of 1904, Chap 465, directed the Register of the County of Westchester to prepare and certify copies of all instruments and maps affecting the title to real estate formerly in West- chester County but now within the county of New York, and transmit same to the Register of the county of New York; for this service the county of New York paid the Register of West- chester County.


The term of office is three years. The Register is com- pensated by fees received. Following is given the names and addresses of persons who have held the position, together with the years in which they served, from 1896 to and including 1910 :


Thomas R. Hodge, Mount Vernon, 1896-7-8-9-1900-1 .*


William G. Barrett, Katonah, 1902-3-4-5-6-7.


Edward B. Kear, Yorktown Heights, 1908-9-10, re-elected in 1910. (Died August 31, 1911.)


James F. Martin, Peekskill, from September 29, 1911, to January 1, 1912; appointed by Governor Dix to fill vacancy caused by death of Mr. Kear.


Isaac H. Smith, Peekskill, elected in 1911 for the full term.


Charles D. Hoyt, Pleasantville, Deputy Register.


Ralph M. Glover, Mortgage Tax Deputy.


Note .- William J. Graney, who was Register from 1893 to 1896, died May 26, 1913.


* Died October 9, 1908, aged 65 years.


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COUNTY SUPERINTENDENTS OF POOR. (Continued from page 111, Vol. 1.)


Superintendents of the Poor were, previous to 1846, appointed ; after that year they were elected. The present salary attached to the office is $5,000 per annum, as fixed in 1911 by Board of Supervisors.


The office has been held by the following named persons since 1890.


Henry Esser, of Mount Vernon, served from 1895 to 1898, when he was re-elected for a term of three years to December 31, 1901; he died while in office in April, 1901.


Charles M. Lane, resigned as Supervisor of town of Mt. Pleasant and was appointed Superintendent to fill vacancy, serving until 1902.


Edward B. Long, of White Plains, 1902-3-4-5-6-7.


A. Smith Hopkins, of North Castle, 1908; died suddenly April 23, 1908.


William C. Lawrence, of Ardsley, was appointed to fill the vacancy until 1909; in 1908 he was elected to serve out balance of the term until 1911; in 1910 he was re-elected to serve from 1911 to 1914.


CORONERS OF THE COUNTY. (Continued from page 116, Vol. 1.)


The office of Coroner is classified with that of Sheriff, Justice of the Peace and Constables connected with the government of early English counties after which county governments in this country pattern, and the duties of the office of Coroner are the same now as they were in the earlier period. In primi- tive days a County Court, composed of eight Justices of the Peace, appointed by the Governor, had among its duties, in addition to its judicial functions, the construction and care of bridges and highways and the appointment of certain county officials including Coroners. Since 1847 Coroners have been elected by the people in this State.


It is the duty of a Coroner to investigate and report upon all cases of death from unexplained causes, where there is reason to believe that a crime has been committed or a serious acci- dent has occurred.


The Coroner also performs some of the duties of the Sheriff


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in executing the processes of Courts of law. In case a suit is brought against the Sheriff, it is the duty of the Coroner to serve the summons notifying the Sheriff to appear in Court and answer the charges against him, because it would be mani- festly absurd to require the Sheriff to summon himself.


The term of office of a Coroner is three years. The salary in this County, recently fixed, is $2,000 per annum and actual expenses.


The following named persons have held the office, in the years mentioned, from 1894:


Aaron J. Mixsell, M. D., Mamaroneck, 1892-3-4.


Charles A. Miles, M. D., Yonkers, 1894-5-6-7-8-9.


Archibald T. Banning, M. D., Mount Vernon, 1894-5-6-7-8-9- 1900-1-2.


Charles E. Birch, M. D., White Plains, 1895-6-7-8-9-1900.


Charles S. Apgar, Peekskill, to fill vacancy and full term, Sept. 6, 1895, to 1899.


Perley H. Mason, M. D., Peekskill, 1899-1900-1-2-3.


John A. Schafmeister, M. D., Ossining, 1899-1900-1-2-3-4.


Frank E. Russell, M. D., Tarrytown, 1901-2-3-4-5-6.


Albert Van Houten, Yonkers, 1903-4-5.


Ulrich Wiesendager, Yonkers, 1903-4-5-6-7-8.


John L. Silleck, Peekskill, 1905-6-7-8-9-10.


Philip S. Van Patten, M. D., Mount Vernon, 1906-7-8.


Amos O. Squires, M. D., Ossining, 1907-8-9-10-11-12.


Alfred H. Iles, Yonkers, 1909-10-11; reelected in 1911.


Hilmer B. Boedecker, Mount Vernon, 1909-10-11 (died April 5, 1911).


James H. Brennan, M. D., New Rochelle, appointed to fill vacancy May 11, 1911, to serve to December 31, 1911.


William H. Livingston, New Rochelle, elected in 1911. James P. Dunn, Yonkers, elected in 1912.


Note .- John Mathews, of New Rochelle, who was a Coroner in 1889, died on September 4, 1911.


COUNTY SUPERINTENDENTS OF SCHOOLS. (Continued from page 117, Vol. 1.)


By an act of the State Legislature, passed April 17, 1843, the office of County Superintendent of Common Schools was created, to be appointed by the Board of Supervisors. Samuel


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L. Holmes, of Bedford, and John Hobbs, of Yonkers, were duly appointed and they served in 1843 to March 13, 1847, at which date the office was abolished.


SCHOOL COMMISSIONERS OF COUNTY. (Continued from page 120, Vol. 1.)


The following list gives names of persons elected to the office in the several districts and the years in which they served :


FIRST DISTRICT :


Walter T. Allerton, Mount Vernon, 1893 to 1900.


John C. Rockwell, Port Chester, 1900 to 1911, when the office was abolished.


SECOND DISTRICT :


Ffarrington M. Thompson, White Plains, 1894 to 1897.


J. G. Miller, Sing Sing, 1897 to 1900.


Bertha E. H. Barbert,* of Hastings, 1900-1-2.


Charles H. Cheney, of White Plains, 1903 and to 1911.


THIRD DISTRICT :


William G. Barrett,t of Bedford, 1895 to 1902.


George H. Covey, of Bedford, 1902 to 1911.


By Laws of 1910 the office of School Commissioner was abol- ished, and instead the office of Superintendent of Schools was created. In the early days Superintendents supervised the schools in this County.


SCHOOL SUPERINTENDENTS.


Pursuant to section 381 of the Education Law, as amended by Chapter 607, Laws of 1910, Supervisors of the Towns of the County and the School Commissioners of said County met on April 18, 1911, and divided the County into four school super- visory districts, as follows :


District No. 1, to be composed of the Towns of White Plains, Harrison, Rye, Mamaroneck, Scarsdale, Eastchester and Pel-


* The only woman elected to this office in this County.


+ Resigned on being elected County Register.


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ham. District No. 2, to be composed of the Towns of Green- burgh, Mount Pleasant and North Castle. District No. 3, to be composed of the Towns of Ossining, New Castle, Bedford, Lewis- boro and Poundridge. District No. 4, to be composed of Cort- landt, Yorktown, Somers and North Salem.


Under the Laws of 1910, each town comprised in a district elects two school directors, the directors from these several towns meet in their respective districts and select a proper person to act as Superintendent of Schools in that district.


In accordance with this law the directors in the Second Dis- trict met on August 15, 1911, and elected Charles H. Cheney, of White Plains, as such School Superintendent.


In the Third District, the directors met on August 15, 1911, and elected George A. Covey, of Bedford, as School Superin- tendent.


On same date, the directors of the Fourth District met and elected Robert D. Knapp, of Croton Falls, as School Superintendent.


In the First District the election was delayed until Septem- ber 7, 1911, owing to a spirited contest for the place. Samuel J. Preston, of Mamaroneck, was elected School Superintendent.




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