USA > Ohio > Greene County > History of Greene County, Ohio: its people, industries and institutions, Volume I > Part 83
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LEGISLATIVE ACTS OF IMPORTANCE TO GREENE COUNTY.
Some punishments provided by the Legislature in 1803 :
Treason, murder, rape, malicious maiming and arson-death penalty.
Forgery-30 lashes on bare back with fine equal to sum fraudulently obtained, and dis- franchisement.
Counterfeiting-39 lashes on bare back, fine of $1,000, disfranchisement.
Robbery-59 lashes for first offense; 100 lashes for second.
Larceny-15 lashes for. first offense; 30 lashes for second.
Horse stealing-59 lashes for first offense; 100 for second.
The Legislature of 1806-07 passed an act to regulate the squirrel depredations in the state. They were such a pest that farmers in parts of the state lost nearly all of their corn, and during some seasons they came in such droves across the state that they became worse pests than wolves, panthers or any of the wild animals then in the state. This act required every male citizen of military age (from 18 to 45) to turn in annually to the clerk of his township at least 100 squirrel scalps, for which a receipt was given. If less than this number was turned in, or none at all, he was required to pay three cents for each scalp less than the number stipulated. If the fortunate squirrel hunter turned in a number in excess of 100 he was given a receipt for the excess, and they were credited on his next year's quota. The money realized from those failing to turn in the required number of scalps, was divided pro rata at three cents per scalp among those who turned in an excess,
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and this remaining excess, if any, was carried forward to their respective credits. No record has been found in Greene county to show how effectively this law was enforced in the county, but undoubtedly many a squirrel scalp found its bloody way to the township clerks of the county.
The legislative act of January 25, 1819, provided for the re-establishment of the line between Greene and Clark counties.
The Legislature of 1830-31 provided for a commissioner of insolvents for each county in the state, who were empowered to grant relief to insolvent debtors and wind up their affairs. The act of March 19, 1838, abolished imprisonment for debt.
The office of prosecuting attorney was filled by appointment from the beginning of the history of the state until the Legislature with the act of February 25, 1833, provided for the direct election of prosecutors by the voters of each county. Prior to that year they had been appointed by the judges of the common pleas courts.
The establishment of agricultural societies was provided for by the act of February 25, 1833.
By the act of March 14, 1836, all the banks in the state were required to pay 20 per cent of their dividends into the state treasury unless they should agree not to circulate bills of a less denomination than three dollars after the fourth of July, 1836, nor less than five dollars after the fourth of July, 1837, in which event the tax was to be five per cent.
The issue of bank bills of a less denomination than three dollars was prohibited after July 4, 1839.
The State Bank of Ohio was incorporated by the act of February 24, 1845. The cap- ital stock was fixed at $6,150,000. The state was divided into twelve banking districts, and the act specified the maximum number of banks which could be established in each district. At least 30 per cent. of the capital stock of each bank was to be paid in gold or silver coin.
By the act of December 19, 1836, the state of Ohio accepted its proportion of the sur- plus revenue of the United States, and by the act of March 28, 1837, apportioned it among the counties of the state according to the number of white male inhabitants above the age of twenty-one, to be loaned on good and sufficient security and the income applied to the support of the common schools. All such loans were to be due and payable on or before January I, 1850. On that date the county commissioners were required to have the same subject to the draft of the treasurer of the state, and by him applied to the extinction of the canal debt of the state, if the Legislature deemed it the best to use the money for that purpose.
During the session of 1838-39 the Legislature elected John Alexander, of Xenia, as Receiver of Monies at Lima.
The Mad River and Lake Erie railroad was chartered in 1838. The lapsed charter of the Little Miami railroad was revived by the act of February 15, 1844. The Columbus and Xenia railroad was chartered by the act of March 12, 1844. The Dayton and Western railroad was chartered by the Legislature with the act of February 4, 1846. The Xenia, Eaton & Indiana railroad was chartered with the act of February 24, 1848. The Cincin- nati, Lebanon & Xenia railroad was chartered in 1850.
The office of fence viewer was abolished by the act of January 26, 1843, and the duties of the office turned over to the township trustees. The trustees were allowed seventy-five cents per day when acting in the capacity of fence viewers.
The act of March 4, 1886, abolished the October election, and fixed the date for the state election on the first Tuesday after the first Monday in November, the same date of the presidential election.
SALOONS IN GREENE COUNTY.
There can be no question that the days of the saloon are numbered, and the next decade will see most of them gone from the country; in fact, there is every reason to believe that the present proposed amendment to the Federal
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Constitution will be ratified by the required number of states, thereby making the entire country "dry." The article on the W. C. T. U. of the county may be referred to for additional facts concerning this federal amendment.
Xenia has now had the saloon or its counterpart for more than a century. It is true that there was a short time within the past few years when the saloon was driven out of the county, but it returned for the reason that a majority of the people felt that it was a good thing for the city. Some people like mince pie and others prefer custard ; some people believe in emptying the jails, poor- houses and insane asylums, while others want the saloon. It is all a matter of taste. Certainly if there is any virtue in the saloon the people of Xenia ought to know it by this time; they have had sufficient experience with it to judge its merits.
From available records it appears that the first time Xenia was without a licensed saloon was in 1901, the election on September 3 of that year in Xenia standing 1, 116 against and 651 in favor of the saloon. In 1906 the saloons were restored, but the election in the fall of 1908 again made the county "dry," the "dry" majority being 678. Subsequently the saloons were restored and remained open until August 10, 1910, when they again closed their doors. There were no licensed saloons in the county from that time until April 15, 1915, on which day they again opened in all their bibulous glory. The supreme court of the state decided that if a town in the county voted wet, even though the majority in the county was dry, that the town could retain the saloon. Under this decision the saloons of Xenia and Osborn opened their doors on the date above mentioned. While the licensed saloon was not in existence in the county, there was considerable bootlegging and illegal selling of all kinds, and thousands of dollars of fines were assessed by town and county officials-but most of the fines were never paid. They are carried to this day on the official records of the auditor's office. If the county officials cared to add a few thousand dollars to the treasury they might collect some of these fines.
Xenia now has sixteen saloons and Osborn has one. Each saloon pays a license fee of $1,000, of which the city gets $500, the state gets $300, and the county infirmary receives $200. Some wise man must have had a hand in making the law which provided that some of the money derived from the saloon should go to the county infirmary. Undoubtedly this same man tried to get the saloon tax divided between the infirmary, orphans home, insane asylum and kindred institutions, but the people of the county are to be con- gratulated that a part of this ill-gotten money goes to the support of the infirmary. For the fiscal year closing July 1, 1917, the saloons of Greene county paid the sum of $16,582.86 for the privilege of doing business. Unfor-
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tunately, the official records do not tell how much it cost the county and state to take care of the people who patronized the saloons.
When the next history of Greene county is written there is little probability that the historian will have anything to tell about the saloon. By that time the word will have taken back its original meaning. Therefore, that future generations may know that at one time Xenia had saloons, these facts are set forth. Of the sixteen liquor establishments, variously known as saloons, bars, cafes and drinking parlors, which are to be found in Xenia in the spring of 1918, the records in the county auditor's office show that the property in which the business is transacted is owned in eleven different instances by women.
The only saloon-keeper in Xenia who has discontinued his business during the past year is A. C. Blair, who sold to W. A. Fiste on November 24, 1917. The sixteen licensed liquor dealers in Xenia on April 1, 1918, were as follow : Bert Blair, 16 North Whiteman street; A. E. Brundage, 107 East Main street ; Michael Carroll, 102 East Second street; Richard Dengess, South King street ; D. A. Donavan, 17 South Whiteman street ; M. J. Dugan, 29 North Whiteman street; W. E. Fletcher, 114 South Detroit street; Harris & Harris (only colored saloon), 327 East Main street; John A. Hornick, 122 East Main street; John G. Hornick, 109 East Main street; Huston & Jeffreys, 36 East Second street ; J. P. Montgomery, 7 and 9 South Detroit street; Max Simon, 120 East Main street ; Henry Sinz, 41 West Main street; Fred A. Harris, 327 East Main street ; William A. Fiste, 138 South Detroit street. The only other saloon in the county outside of Xenia is in Osborn, operated by John Oster & Son.
MARRIAGE PERMITS.
In early days the pioneer fathers were very rigid about giving their consent to the marriage of their daughters. It was always the practice for the young swain to undergo the ordeal of an interview with the father of the girl of his choice and to gain his consent. This does not mean that the young people never took the matter into their own hands when the father seemed to be obstreperous and without his consent, for there are instances where the pioneer Lochinvar in buckskin breeches, blue jean shirt and coonskin cap carried away his sweetheart from under the vigilant nose of her father. Of course, after their marriage they lived happily ever after. This, however, was not the usual method of procedure. If the young man was a likely chap and he seemed to give promise of being a suitable husband for his daughter, the father would give his consent. But the father's verbal acquiescence was not sufficient for the young man's peace of mind, and the permit of the bride's
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GREENE COUNTY, OHIO
father was put into writing and often sworn to before a justice of the peace, as will be noted by the following transcript of an old record :
I hereby authorize the Clerk of Greene County to issue License for the Marriage of John Garvin to Ann Vance, My Daughter, for so doing this shall be your warrant. Given under my hand and seal this 18th Day of June, 1814.
DAVID VANCE, J. P. Vance Tp. G. C.
Witnesses
JOHN McCULLAM (Seal)
DANIEL VANCE (Seal)
Sometimes the permit was not sworn to before a justice of the peace, and the signature of the prospective groom was attached, as follows:
January 26, 1816 .- This is to Certify that John B. Lawrence of Ross Township, Greene County, applied to me for my consent to Join in Matrimony with my Daughter, Amelia Vickers, of Vance Township and County of Greene. I have therefore granted the above named John B. Lawrence to marry my daughter in a Lawful manner, agreeable to an act made and found for such cases. Therefore you may grant said Lawrence License for the above named purpose without any doubt of being called in question in any future period .--- Given under my hand and seal the day and year above first written, in pursuance of its being done in Vance Township, Greene County.
JOHN B. LAWRENCE.
RUTH VICKERS.
LINCOLN IN XENIA IN 1861.
There are still living in Xenia a number of people who can recall the brief stop made by Lincoln in the town on Wednesday, February 13, 1861, while he was on his way from his home in Springfield, Illinois, to Washington, D. C., to be sworn in as President. On this eventful day in Xenia the train bearing him arrived from Cincinnati at 11 :55 a. m., and as soon as Lincoln stepped on the rear platform of the train a cannon boomed from the hill adjacent to the Pennsylvania station on the south. He spoke for a few minutes and shook hands with a number of the citizens of the town who were fortunate enough to be near the train.
AN OLD-TIME FIDDLER.
One of the most interesting as well as one of the oldest citizens of Xenia at this time is James Jefferies, a retired cabinet-maker, and who now is ninety- six years of age. He is a native of Petersburg, West Virginia, born in 1821, and came with his parents to Greene county and settled near Cedarville. There he hired out to a cabinet-maker in order to learn the trade and among his first duties was to assist in making coffins, which were then very much in demand because of the scourge of cholera which was then raging in the county. After he had become proficient he moved to Xenia and began working at his trade there. In 1870 he, with his nephew, erected a large brick building, which is now a part of the R. A. Kelley Company's cordage plant on West Market street, for the purpose of manufacturing furniture. They also had a
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store on Greene street. James Jefferies in his earlier years sought surcease from his day's work in his violin, on which he played all the old-time melodies, such as "Arkansas Traveler," "Turkey in the Straw," "Money Musk," and the like. It is worthy of note that Mr. Jefferies was present with his violin on the occasion of the first speech delivered by Whitelaw Reid. This was the occasion of the commencement exercises in a little school near Cedarville and the future ambassador to England was one of the graduates. On this occasion Mr. Jefferies furnished the music with his old violin.
THE RENTED FARM.
Among the numerous poems that have had their origin in Greene county none has probably been more widely quoted than "The Rented Farm," which ยท was written by W. A. Paxson, of Jamestown, years ago and which was originally published by the Stockman at Pittsburgh, and which, by request, has been reprinted by that journal no fewer than a half dozen times. The poem also has found its way into numerous other farm journals and news- papers and has thus gained wide circulation over the country, earning its right to be here definitely preserved as a valuable contribution to Greene county literature.
'Tis said that "Those who till the ground Have always most contentment found." In other words, the self-same thought, That "Those who have with nature wrought Should never play the rustic clown Who sold his farm and moved to town." But if old maxims can't prevail Be pleased to hear our o'ertrue tale : Old Farmer Hobson years ago Acquired the name of "Honest Joe." He and his wife, Melissa Jane, Lived in the house by "Maple Lane" So long that all the neighbors said That "until he and she were dead They both would stay upon the farm." There they were both secure from harm- No noisy brawls to pierce their ears- Nor riots dire to raise their fears; There for almost three score of years They lived in peace, so far as known, Until their boys and girls were "grown And married off." And then, alone, Like two old doves, mated for life, Lived Farmer Hobson and his wife. Their children all had "settled down," Some in the country, some in town. And spite the little jealous cricks That will spring up between young chicks They were all "doing well enough." Said Honest Joe, "not half so tough
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A time they have got to get along As Jane and I when we were young." And every year at least one day, Sometime in winter, sometimes May, In mem'ry of the natal day, Of father or of mother dear, Who both were born the self-same year,
They'd get together, one and all, Both young and old, and great and small,
And the old house would fairly ring,
As they would laugh and talk and sing; And swift the hours would speed away
Upon this anniversary day.
Then to their homes again they'd hie, Like birds that to their nestlings fly,
And, with sad eyes, poor Joe and Jane
Would say, "Good-bye! Come soon again!"
And at the gate-the old yard gate-
They'd stand and look, and sob, and wait
Until the last was out of sight, Then turn and "do their chores for night." And with soft hearts alone again
Were left old farmer Joe and Jane,
Both growing old, and child-like, too,
As old folks are most apt to do- For to us all the years go past, And whirl us through the world so fast,
Old age comes creeping on apace Ere manhood learns its sphere to grace,
And almost ere we are aware
Our heads are silvered o'er with care.
And thus the years went swiftly by,
As to the happy years do fly, Until a year or so ago,
A city friend said : "Uncle Joe,
Why don't you come to town to live? There is no use for you to strive As you two do. Take my advice And move to town; 'twill be so nice. Rent out your farm for money rent ; 'Twill make you more, not lose a cent, And so much easier you can live,
And have so much more time to give To visiting, and such as that," And thus concluded this chit-chat.
When Farmer Hobson that same day Went slowly plodding on his way, He mused upon this "brand new" theme, And prodded up his sluggish team, And looked around, as if ashamed, And wondered if his team were lamed By such brisk driving. Then again, He slowly plodded down the lane, As if he feared to meet dear Jane.
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GREENE COUNTY, OHIO
His chores soon done, the horses fed, The wagon put beneath the shed, The harness hung upon the pin, The "mill-feed" placed within the bin, The cattle tied within their stall, The calves supplied, had ceased to bawl, The pigs from squealing had desisted, And Uncle Joe had just assisted Aunt Jane to milk the two fat cows, And walked beside her to the house With well-filled pail upon his arm, And glanced about him o'er the farm. The evening meal was then prepared, Their thankfulness in words declared
By Uncle Joe. The meal in silence masticated, When Aunt Jane, somewhat agitated, Said, "What's the matter? Hain't you well? What's happened that you hate to tell? I've noticed you for'n hour or so- You act so queer-what is it, Joe?" Said Honest Joe, as he wiped the dew That from his brain had oozed through, "I don't know whether to or not- I haven't given it 'second thought' --- But then I guess I might as well The whole from the beginning tell, And so, to make it short, that Mr. Brown
Asked me today to move to town, To rent the farm and get the cash,
And go to town and 'cut a dash.'" "Yes, and everything 'go to smash.'" Said Jane. "It's no wonder, Joe, That you behaved so curious-no!
If that's what's worrying your mind,
Rest easy, then; we're not the kind Of folks to lead a city life --- You and your plain old country wife.
We've lived here happy and contented
And this farm never shall be rented
As long as I'm alive. You've heard my say -- I'll live here till my dyin' day. I helped to pay for this here farm, And I would rather lose my arm
Than see it go to stranger's hands. No, Joe, we're fixtures on these lands ;
As they say, in them law instruments, We're 'tenants and hereditaments' --- Belong to the farm as much as the fences, And surely you must have lost your senses To think for a minute that I would go To town to live-no, never, Joe." Joe sat and never "opened his head," But listened to every word she said; For he had learned this lesson in life ---
1
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To never contradict his wife, But let her go and have her say, And in the end he'd have his way. Thus matters rested for several days, They each pursued their several ways,
And neither referred to the matter again, Till at last the subject was broached by Jane.
Says she : "Well, Joe, what would you say
If I was to tell you that I to-day Had concluded to go to town awhile,
To just please you. We can give it a trial.
I'm getting old, as well as you,
And there wouldn't be half so much to do.
We could live so nice, just you and I,
And if you like it, I will try
To do my best to be contented-
But I hate to see the old farm rented." But, to be brief, they moved to town, In a house quite near to Mr. Brown,
The farm was rented out for cash,
To a farmer who was bold and rash.
And, first, he didn't like the way
The fences run, and so away
He moved the rails that years ago
Had been placed there by Uncle Joe;
He plowed up all the "little lots"
Which had been seeded down in plots
Of choicest grass to suit the taste Of their old owner; and to waste
Went all the work of many years
Which almost brought his eyes to tears.
The orchard, filled with choicest fruits,
Became a pasture for the brutes, Which gnawed and browsed, and barked the trees,
And many more such things as these
Occurred, to show that the old farm Was in the way of direful harm. The windows, broke, were stuffed with rags, The gate upon the hinges sags ; The "palings" off, and in the yard
The pigs and cattle standing guard
Around the door, and 'neath the bowers
Of Uncle's grapes and Auntie's flowers, Her Hollyhocks and beds of roses Were marked by little "porker" noses, Her pinks and peonies, daisies, too, Made fragrant cuds for cows to chew, While "horning" at the evergreens, And rubbing down the myrtle screens, The Honeysuckle's fragrant boughs Had gone to deck these selfsame cows. The garden gate was on the ground While in the garden might be found A drove of pigs, whose lusty snouts Were turning up the currant sprouts ;
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GREENE COUNTY, OHIO
While others, as if in rage, Were "rooting out" the thyme and sage Which Old Aunt Jane, with tender care, Long years ago had planted there. Old farmer Joe came down the lane To "see the things," and good Aunt Jane Concluded that she would come along "To get some air" and hear the song Of those old birds which every spring Came around the old farm-house to sing. And, as they slowly neared the house, And spied the yard well-filled with cows, The gates all standing open wide, They both with sorrow almost cried- For when they saw the work of years, The objects of their hopes and fears, All gone to ruin, naught but tears Could drown their grief. "'S too bad! 'S too bad !"
Said Uncle Joe. "It makes me sad To think that what we so much prized Should be destroyed as if despised." They rapped at the old "parlor" door, Where they had never rapped before, But where the guests of many years Had come to mingle joys and tears With them, here through this door They ne'er as strangers passed before ; But now as guests in their own home Must they at this time only come, And here again they did behold What they had prized far more than gold Had been abused and marred-destroyed. Those snowy walls with filth were cloyed ; The "spare room" into kitchen turned; A maiden in the "parlor" churned;
The walls were pasted over with scraps, And nails on which hung hats and caps ; The "mantel piece" with "marbled stripes," Was filled with old tobacco pipes ; The wood work, spotless when they left, Was now of paint almost bereft; And all about was so much changed,
No wonder that they felt estranged. They looked about, but so dumfounded, By the destruction which surrounded Them on right and left, that they Declared "they hadn't time to stay, But must go back to town again" Both Uncle Joe and dear Aunt Jane. It was "too much." They both "broke down" Before they reached their home in town; But not one word did either say, Except Aunt Jane, who (by the way) Remarked, as they came down the lane: "Well, Joe, you can't blame this on Jane."
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GREENE COUNTY, OHIO
LASTLY : THE STUDY OF BIOGRAPHY.
History, after all, is but collective biography. The collective biographies of the individuals composing a community, under the analysis of the thought- ful student of biography, become the history of the community thus com- posed. Particularly is this true of such a community as that of which this work treats. The basic elements of the population of Greene county have had representation here since the days of the beginning of an organic gov- ernment in this section. The grandfathers and the great-grandfathers of the men who are now accounted leaders in the social and civic life of this community were the men who brought this community into being; the men who leveled the forests, founded the towns and villages and wrought here that wonder of human progress which we call civilization, wresting from an arrested and non-progressive race one of the fairest and most productive spots on the globe. The men who settled this region were men of wide vision, men possessed of the true pioneering spirit, men to whom the lure of the farther horizon was irresistible, and the work that they did here was well done. The foundations they laid were broad and deep and it is gratify- ing to note that their descendants in the main have seen fit here to remain, erecting on those foundations a superstructure of such proportions as to carry far the name and the fame of Greene county.
The second volume of this work, to which the attention of the reader now passes, has to do with the biographies of the leading families of Greene county ; these representing, naturally, in the main what commonly and properly are known as "the old families" of the county. The thoughtful reader of the concluding volume of this work cannot fail in his perusal of its pages to be impressed with the truth of the statement which introduces this "lastly" of the first volume. For in this collection of biographies is found much of the heretofore unwritten history of Greene county ; intimate and in- formative details of the lives and the labors of those stalwart men who took possession here, made history and then passed on, leaving to their descendants the task of carrying on the great work they had so laboriously and so unself- ishly begun. Theirs was a pure labor of love, for no reward of a temporal character could requite the hardships they underwent in order that their posterity might benefit in the possession of fixed habitations and abiding places here on the spot which their clear vision recognized as wholly desir- able. In the generations which have succeeded, these "old families" in the main have persisted. In a few instances perhaps some of these families have no representation here in the present generation, but these instances are so few as to prove the exception. In the nature of things, intermarriages in these families have been frequent, so that there has arisen here a fine com- munity of interest based upon ties that bind this community as few such
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in the state are bound; creating, in fact, a real community, a fine, neighborly relation in which all share and in which all take a proper pride.
Due to these intermarriages and the continuing relations borne by the "old families" to the work of this community, the biographies contained in the succeeding pages will be found to cross and to recross, repeated refer- ences being found to the work done by the original settlers in establishing neighborly relations here. There will also be noted throughout these pages repeated references to the influence exerted by the various church establish- ments that were set up here in the then wilderness in the days of the pioneers and of the manner in which the influence of these respective establishments has persisted in the families now representing the pioneer stock. Other relations will be noted by the thoughtful reader, and it is to these that special attention is called, for in all this correlation there will be found much that will help in the critical interpretation of the real history of the community which the historian has so understandingly presented in the pages which precede this. Therefore the biographical volume of this work will be found to possess as much of value to the student of history as has the historical volume and its pages should be read with as much care, for therein oftimes will be found statements of fact that will make clear passages in the present volume that otherwise might not carry their full meaning save to those fully informed regarding the history of their home county. To the intelligent student of biography the following volume ought to prove a veritable "mine" of interest and to him is addressed a special invitation to give the succeeding pages his most thoughtful attention. If read from a correlative viewpoint they will be found to be not only wonderfully informative but intensely interesting.
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