USA > Ohio > Greene County > History of Greene County, together with historic notes on the northwest and the state of Ohio > Part 31
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Mrs. S. A. Brockaway, Zanesville, assistant; Miss Della Johnston, Bellefontaine, teacher; Miss Ensign, Berlin Heights, teacher; Miss Buchanan, Clifton, superintendent sewing department.
January 23, 1870, a meeting of the Executive Committee was held. Present: Gunckel, Wright, Armstrong, and Millen. It was decided to construct, at once, a large frame building, for the pur- pose of furnishing a temporary dormitory and dining-room for the children, who were coming in rapidly. Contracts for the construc- tion of five more cottages were awarded as follows: Two to Drees & Thornhill, two to Norris & Mellwain, one to Smith, Howard & Co. It was ascertained that about one hundred children were in the tem- porary quarters, and that applications were on file for many more.
The hearts of the managers, and the children as well, were made glad by the many donations, consisting chiefly of wearing apparel and bed clothing, from all parts of the state. A committee, ap- pointed by the legislature, and consisting of Senators John Cowan, II. S. Prophet, II. Mckinney, and Representatives J. D. Callen, William A. Parr, W. II. Enochs, N. II. Van Vorhes, J. K. Mower, John Bettelon, and John P. Williamson, on February 28th, visited the "Home," and examined its surroundings. A public meeting was held at the City Hall, which was attended by the children in a body. Master Howard E. Gilkey, of Cleveland, stepped forward from the crowd of children, and delivered a touching little speech, introducing his orphaned brothers and sisters, and presenting the claims which they had on the state. The entire audience was much affected by his pathetic recital. Other speeches were made by members of the committee. They returned to Columbus, fully convinced that the Soldiers' Orphans' Home should be placed under , the care and jurisdiction of the state.
During the month of March, that contagious disease known as measles, prevailed in the temporary quarters, causing much suffer- ing. On the 18th, a little girl, named Rebecca Swift, succumbed to the ravages of the epidemic. This, the first victim of the grim de- stroyer, was an interesting child, fourteen years of age, who had been at the "Home" since its opening. IIer funeral services were conducted by Revs. Hypes, Beddell, and Prugh, of Xenia, and Bales, of Yellow Springs.
Meanwhile, a bill "to establish Ohio Soldiers' and Sailors' Or- phans' IIomes," was introduced in the Ohio Legislature. Follow- ing, is the full text of the measure:
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SECTION I. Be it enacted by the General Assembly of the State of Ohio, That the governor of the state shall, immediately upon the passage of this act, appoint, by and with the advice and consent of the sen- ate, seven citizens, who shall constitute the Board of Managers of the Ohio Soldiers' and Sailors' Orphans' Homes, whose term of office shall be for five years, and until their successors are appointed and qualified, except those first appointed, one of whom shall hold- his office for one year, one for two years, one for three years, two for four years, and two for five years, commencing from date of confirmation, the length of the term of service of each to be desig- nated in his appointment. Whenever a vacancy shall occur in said board, by death, resignation, or removal, the same shall be filled by appointment by the governor, and the person so appointed shall serve to the end of the unexpired term, subject to the approval of the senate.
SEC. 2. The first meeting of the board shall be ordered by the governor, and thereafter shall be fixed by the members thereof. Before entering upon the discharge of their duties, the members of said board shall take and subscribe an oath of office, which shall be entered upon their journals of proceedings. *
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SEC. 4. That the Reform and Industrial School for Girls, now located and established at White Sulphur Springs, in Delaware County, in this state, together with all the real and personal estate, and property thereon, belonging to the state, except such as belongs to, or is necessary for said school, shall, on the passage of this act, be transferred to this Board of Managers, whenever they shall be appointed, and qualified, as hereinafter provided; that said premises, after such transfer, be known, used, and occupied as an Ohio Sol- diers' and Sailors' Orphans' Home, provided that so much of said farm at White Sulphur Springs, not exceeding five acres, adjoining and on which the building known as the Burnet House is situated, shall be retained by the trustees of said Industrial and Reform School for Girls, for the use of said school, until other provisions can be made for them by the state. The managers herein provided for, shall have authority for making such necessary and needful repairs, alterations &c., in the buildings on said farm, as shall be required for the purpose of such home, and to produce such furniture, and equip- ments, as shall be necessary for the proper establishing, and opening of said home thereon ; but in no case shall the costs, and expenses
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of such changes, repairs, alterations, furniture, and equipments ex- ceed during the first year of said home, at said Springs, the sum of $13.000. Whenever the said managers shall ascertain that the capacity of the home, as herein located, shall be insufficient to ac- comodate comfortably, and well, all of the children, as contemplated by this act, in said institution, they shall be authorized, and empow- ered to accept, and receive by donation, or bequest, a suitable tract of land, not less in any case than one hundred acres, at a convenient, and accessible point, with the necessary buildings and equipments thereon, for the accommodation of not less than two hundred and fifty orphans, and with power, and authority, to open and establish upon said premises, a home or homes for Ohio soldiers' and sailors' orphans.intended to be provided for by this act, as soon as said tract of land, with its appurtenances, and the property thereon, shall by good and sufficient deed in fee simple, without any incumbrance or condition, other than that the same shall be used by the State for that, or some other elemosynary purpose, be conveyed to the State of Ohio, and the title to which shall have been examined and ap- proved by the Attorney General. * *
SEC. 6. There shall be received into said homes, the children residing in Ohio, of deceased, indigent, and permanently disabled soldiers and sailors, who served in the land and naval service of the United States, during the late rebellion, that are by said board, ascertained to be destitute of the means of support and edu- cation, and they shall be furnished a support, and education at said homes, for such length of time as said board may determine, not beyond the age of sixteen years; provided, that other indigent orphan children resident of this state, and under the age of fifteen years, may, at the discretion of the Board of Managers, be received into said homes, and there supported, and educated as the other children hereinbefore mentioned, if there be room in said homes, more than sufficient for such children, first above mentioned, as may be re- ceived therein.
SEC. 7. The Board of Managers shall make such rules and reg- ulations for receiving into and discharging from said homes the inmates thereof, as shall not conflict with the provisions of this or any other law of this state. They shall also make all the needful rules and regulations for the government of the homes, and shall have authority to employ a superintendent and matron for each of .
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said homes; and such teachers and other assistants as they may deem necessary for the education of the inmates, and the proper management of such homes, and fix the salary and compensation of the same; and they may at any time dismiss any officer or em- ploye thereof; provided, however, the salary of the superintendent shall in no case exceed one thousand dollars, and that of the matron four hundred dollars, each per annum. Nor shall any officer or employe of said board receive a greater compensation for services than one thousand dollars per annum.
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SEC. 9. Said Board of Managers shall not receive any compen- sation for their services, but shall be paid their necessary expenses, incurred in attending the meetings thereof. * * *
SEC. 10. The Auditor of State is hereby required to draw his warrant in favor of the treasurer of said board, upon the treasurer of the state, for any money appropriated for the changes, repairs and alterations of buildings, and other purposes in the establish- ment and maintainance of said homes; the same to be done upon the estimate of said board, attested by the president and secretary ; provided, the aggregate amount to be drawn for establishing and equiping such homes shall not exceed, during the ensuing year, thirteen thousand dollars; and provided, also, that the sum to be drawn for the carrying on of such homes shall not exceed the rate of one hundred and fifty dollars per annum for each inmate to the number of one hundred, and one hundred and twenty-five dollars per annum for each inmate in excess of one hundred; the number of inmates therein to be certified to the Auditor of State by the president, secretary, and superintendent. Provided, further, that the directors or managers of such children's homes, or other asso- ciations as may now exist, or hereafter be organized and conducted pursuant to law, not including any county infirmary in any county or city, for the care and maintainance of indigent orphans, shall be paid annually, by the Treasurer of State, on the warrant of the Auditor of State, for the support of said orphans of soldiers and sailors who served in the Union army, in their charge, the same amount per capita that it may cost the state per capita to maintain the orphans kept at the said Ohio Soldiers' and Sailors' Orphans' Home, including all expenses except the original cost of lands and buildings, and the repairs thereof; provided, the amount so drawn
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shall in no case exceed the sum of one hundred and fifty dollars per annum per capita.
SEC. 11. The board, in devising plans for erecting buildings, fit- ting grounds, and otherwise preparing and equipping said homes, shall have careful reference to the limitations of appropriations hereinbefore made. * * * * *
While the bill was pending before the senate, Senator Odlin, of Montgomery, offered an amendment to substitute "Xenia" for " White Sulphur Springs." IIon. M. D. Gatch, senator from this district, favored the amendment by an able speech. From the Xenia Torchlight, dated April 13, 1870, we extract the following: "Let us examine into this matter. There are one hundred and eighty-nine acres of this White Sulpher Springs property, for which the state paid $55,000. By the new provisions of this bill it seems that five acres of this is deemed quite sufficient now for the girls of the Reform School: this leaves, as surplus for other purposes, one hundred and eighty-four acres. Now, sir, if this was a judi- cious purchase, the property is valuable, and the one hundred and eighty-four acres which is still left would command a fair price in the market; if it was not a judicious purchase, and the land is not valuable, and consequently not saleable, would it be either economy or retrenchment on the part of the state to expend money upon it in the way of buildings or improvements? Would not even the $13,000 which this bill proposes to expend there, be in a great measure thrown away? It is very true, as is said by the senator from Butler, that this property already belongs to the state, and that something might have to be expended should the home be continued at Xenia. But let us take a rational view of this matter. The friends of the Xenia Home have tendered to the state over thirty thousand dollars in property and money. Now, if it be true, as this bill assumes, that this surplus of one hundred and eighty-four acres is not required for the girls, and is as valuable as claimed by the gentleman from Butler, it would bring in the mar- ket at least $50,000, which, added to the $30,000 which Xenia has tendered, would make $80,000, and would secure for these children a home equal in point of location, and all that is essential to their comfort and happiness, to any in the state, and without a dollar of appropriation for buildings or improvements to be raised by taxation. Then why reject the offer that Xenia has made, when
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with it the state becomes possessed at once of $80,000, and without it, of only $50,000 at most? Why tax the people now for even $13,000, when more than three times that amount is availabe with- out it ? I trust, Mr. President, whatever else may be said or done in furtherance of this scheme, it will not be done in the name of retrenchment or economy. I trust that common sense is no longer to be outraged in this way."
After a protracted discussion, the bill was passed without the sen- ate amendment, and became a law, April 14, 1870. According to the text of the bill, White Sulphur Springs was fixed as the per- manent location of the home. The chances for Xenia were small, indeed. The law provided that, in case the Springs property should prove insufficient, the board is authorized to consider donations from convenient and accessible points. For the time being, it was the purpose of the law, to establish the home at White Sulphur Springs.
The following gentlemen were appointed a Board of Directors, by the governor : R. P. Buckland, Fremont ; James Barnett, Cleve- land; J. Warren Kiefer, Springfield; Benj. F. Coate, Portsmouth ; W. F. Force, Cincinnati ; J. S. Jones, Delaware ; H. G. Armstrong, Cincinnati. Subsequently the board met at Columbus, and effected a permanent organization by electing the following officers: Presi- dent, Gen. R. P. Buckland ; secretary, Col. H. G. Armstrong; treasurer, Maj. M. G. Gunckel. The latter gentlemen declined the honor, and Eli Millen was elected. At this meeting (held April 21, 1870) it was represented to the board, that there were collected at Xenia about one hundred and twenty-five orphans, who should be furnished support, and education, and who were being, and had been supported for several months, by private contributions of citi- zens of the state, and unless provided for by the state at once, the children would have to be dispersed, though many of them were without homes or friends. It was resolved that the children be ac- cepted by the board, and furnished education and support. On the 29th of April, 1870, the board met at Delaware, and visited and in- spected the property at White Sulphur Springs, and found a portion of the same, occupied by the Reform and Industrial School for Girls. They found also, that the buildings on the premises were not suitable for the purpose of an Orphans' Home, without great and material alterations, which would involve large expense and many weeks delay. The board further found that the main buildings,
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and those best suited for occupancy, were being used by the insti- tution before mentioned. Determined upon fulfilling the spirit of the law, the directors addressed a communication to the trustees of the Reform School for Girls, inquiring at what time they could ob- tain possession of the property, and buildings set apart by law for an Orphans' Home. At this meeting, Dr. L. D. Griswold, of Elyria, Ohio, was elected superintendent, and V. T. Hills of Delaware, O., treasurer of the White Sulphur Springs Home. It being intimated that no reply could be given to their communication to the trustees of the Reform and Industrial School for Girls, the board adjourned to meet at Delaware, on the 13th of May. No reply to the com- munication was received at this meeting, and a majority of the board, satisfied that the White Sulphur Springs property was inadequate for the accommodation of the children of the state, entitled to the benefits of the law establishing the home, adopted the following :
WHEREAS, In the opinion of the board, the White Sulphur Springs property will not accommodate comfortably and well, all the children of diseased and disabled soldiers and sailors of the class contem- plated by the law of Ohio as orphans, to be provided for at a Soldiers' and Sailors' Orphans' IIome; therefore,
Resolved, That in view of the above opinion, the board will accept and receive, under the law of the state, by donation or request, a suitable tract of land, of the number of acres required by law, at a convenient and accessible point, with the necessary buildings and equipments thereon, for the accommodation of not less than two hundred and fifty orphans, and upon such acceptance, open, and establish a home for Ohio Soldiers' and Sailors' Orphans, as is pre. scribed by law.
By this action, the clouds which had gathered so darkly around the prospects of the "Ohio Soldiers' and Sailors' Orphans Home, at Xenia," were broken, and the promise was favorable for as bright .
a future as its most sanguine friends could have anticipated.
Another meeting of the board, was held at Xenia, May 25, 1870, when the following communication was received :
COLUMBUS, OHIO, May 24, 1870.
Gen. M. F. FORCE, and others, Committee Board of Managers of the Soldiers' and Sailors' Orphans' Homes :
GENTLEMEN :- Your communication inquiring when the trustees of "the Reform and Industrial School for Girls" will be prepared to surrender possession of the White Sulphur Springs property to .
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your board, under the law passed April 14, 1870, has remained unan- swered longer than we desired, in order that we might more fully acquaint ourselves as to our rights and duties under that law.
The first clause of the fourth section of the law referred to, trans- fers to your board " the Reform and Industrial School for Girls," * * together with all the real and personal estate and property, * * except such as belongs to or is necessary for said school. The law further provides that the trustees of the Re- form and Industrial School for Girls shall also retain exclusive pos- session of five acres of ground, including what is known as the Burnet House, for the use of said school, until other provisions are made by the state.
As it is utterly impossible to provide for said school in said Bur- net House, even for a single day, we are compelled to fall back upon the exception made in favor of said school in the first clause, and retain possession of such, and so much, of the real and personal estate and property as belongs to, and is necessary for said school.
After very carefully examining the premises, and viewing the whole question in all its bearings, we have decided that so much of said real and personal estate as is now used by said school, superin- tendent, matron, teachers, and employes of said school, is neces- sary for its use, and must be retained until the state makes further provisions. The balance of said White Sulphur Springs, property belonging to the state, we are ready to surrender to your board whenever so desired.
In support of our decision and our construction of the law, we herewith hand you an official communication on the subject from the Attorney General.
Permit us to say, in conclusion, that the cause for which your board of managers was created, has our hearty sympathy, and we deeply regret that we are compelled to lay a straw in your way. The law was evidently left incomplete, and was passed so hurriedly as to throw the two institutions somewhat athwart each other. But the opinion of the Attorney General, we think, makes our duty clear, and will also open the way to your success.
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By order of the trustees of the Reform and Industrial School for Girls.
(Signed)
F. MERRICK, President.
A. THOMPSON, Secretary
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The following is the opinion of the Attorney General of Ohio, referred to in the foregoing communication :
THE STATE OF OHIO, OFFICE OF THE ATTORNEY GENERAL, COLUMBUS, May 24, 1870.
His Excellency, the Governor :
SIR-I have carefully, at your request, examined the communi- cation addressed to you by the trustees of the Reform and Indus- trial School for Girls, and the statutes relating to such school, and the Soldiers' and Sailors' Orphans' Home, and have arrived at the following conclusions:
1. It was not the intention of the act of April 14, 1870, for the present to impair the full right of the trustees of the Reform and Industrial School for Girls, to use so much of the White Sulphur Springs property as such trustees might think necessary for the full and complete success of such school, as contemplated by the act establishing the same, passed May 5, 1869.
2. The act of April 14, 1870, does contemplate that the trustees of the Reform and Industrial School for Girls, and the managers of the Ohio Soldiers' and Sailors' Orphans' Homes, shall both use the Sulphur Springs property in the interest of their respective institutions, (they agreeing upon the suitable division,) always re- serving the five acres and the Burnet House for the Reform and Industrial School for Girls, so far as such joint use shall not con- fliet with the use of the same with the successful conduct of the Reform and Industrial School for Girls.
3. Whenever the managers of the Ohio Soldiers' and Sailors' Orphans' Homes shall ascertain that the capacity of the property above spoken of, consistently with the use thereof by the school for girls, as above indicated, shall be insufficient to accommodate,
they will be authorized and empowered to accept etc., * * * and receive, etc., * * as indicated in that part of section four, in the act of 1870, applying to the location of the children of the soldiers and sailors at some other point.
It has been difficult for me to make good sense out of some portions of the act of 1870, especially the first part of section four, and the above is the best judgment I can arrive at in giving a con- struction to the legislation on the subject.
Very respectfully, F. P'. POND, Attorney General.
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Upon receipt of this communication, the board 'adopted the fol- lowing :
WHEREAS, The Board of Trustees of the Ohio Reform School for Girls have refused to yield possession of the Ohio White Sul- phur Springs property, under the recent act of the General Assem- bly of the State of Ohio; therefore,
Resolved, That a committee of three, to consist of Messrs. Buek- land, Force, and Burns, be appointed, to report at our next meeting what steps are necessary for the board to take to acquire possession of said property under the law.
The committee thus appointed, subsequently forwarded the fol- lowing communication to the trustees of the Reform School:
DR. F. MERRICK, President Board of Trustees, Reform and Industrial School for Girls:
DEAR SIR :- Your letter, with the accompanying opinion of the attorney general, was read at the late meeting of the Board of Managers of the Ohio Soldiers' and Sailors' Orphans' Homes.
We are unable to acquiesce in that opinion, and are unwilling to waive any rights by seeming to acquiesce in it.
Neither board can have any desire but to have an authoritative determination of the law. We therefore propose that an amicable suit be instituted, to have our respective rights determined at once by the Supreme Court.
On behalf of the Board of Managers of the Ohio Soldiers' and Sailors' Orphans' Homes, we suggest that your board waive process, enter an appearance, and submit the question to the Supreme Court, upon the statute, upon our filing a petition for a mandamus for a turning over of the White Sulphur Springs property.
Very respectfully and truly,
R. P. BUCKLAND, M. F. FORCE, B. BURNS,
Committee.
To which the following reply was received:
DELAWARE, OHIO, July 7, 1870.
Generals R. P. BUCKLAND, M. F. FORCE, and Hon. B. BURNS,"Com- mittee Board of Managers, Ohio Soldiers'. and Sailors' Orphans' Homes :
GENTLEMEN :- I have the honor to acknowledge the receipt of your communication, addressed to me as president of the Board of
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Trustees of the State Reform School for Girls, referring to my for- mer letter addressed to your board, with the accompanying opinion of the attorney general, and as to which you say you "are unable to acquiesce in, and unwilling to waive any rights by seeming to do so."
You add that neither board can have any desire but to have an authoritative determination of the law, and propose that an amica- ble suit be instituted, to have our respective rights determined at once by the Supreme Court, and suggest, to that end, that our board waive process, enter appearance, and submit the question to the Supreme Court, upon the statute, upon your filing petition for a mandamus, etc.
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