USA > Ohio > Muskingum County > History of Muskingum County, Ohio ; with illustrations and biographical sketches of prominent men and pioneers, 1794 > Part 57
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THE COUNTY INFIRMARY.
THE MCINTIRE CHILDREN'S HOME.
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HISTORY OF MUSKINGUM COUNTY, OHIO.
cloak rooms, committee rooms, and kitchens con- venient. The architecture of the Opera build ing is derived from the antique-a style that orig- inated in Italy about the commencement of the fif- teenth century, and is termed Renaissance.
The Opera House auditorium is on what is known in architectural parlance as the ground floor. The grand entrance, which is on Fifth street, is spacious, and richly decorated. The floor is tiled in the best manner known to the art, and is a marvel of beauty and durability. The stairways are ample and easy, and suggest visions of Baronial splendor in "ye olden time." The corridors are spacious, and convenient dress- ing rooms for ladies and gentlemen, are fitted up with elegant furnishings, including every- thing needed for the most elaborate toilet. The seating capacity of the house is over eleven hun- dred, estimating the permanent seats, which are models of beauty and ease, and so arranged that every one commands a full view of the stage. The acoustic qualities of this beautiful temple are,perhaps, perfect ; they have been greatly ex- tolled by the best critics. The designs and dec- orations are harmonious, and in keeping with the advanced improvements in decorative art. The stage, which is seventy by thirty-five feet, is provided with every appliance to be desired by the historian. The scenery is so beautiful and varied as to defy description.
The drop curtain is a classical composition- if Mythology may be so considered-represent- ing Apollo, standing in a golden chariot, lead- ing forth the horses of the Sun. On one side, gazing on this enchanting scene, are the radiant forms of the muses of Tragedy and Comedy ; on the other is Pan, the god of the shepherds, and subsequently, the guardian of bees, and the giver of success in fishing and fowling. He haunted mountains and pastures ; was fond of the pastoral reed, and of entrapping nymphs ; in form, he combined that of man and beast, hav- ing a red face, horned head, his nose flat, and his legs, thighs, tail, and feet, those of a goat. According to one of the Homeridae, he was the son of Mercury, by an Arcadian nymph. With him, are other nymphs, rejoicing at the appear- ance of Apollo and his prancing steeds ; and other nymphs traverse the ethereal space above, heralding his coming. A more significant and beautiful curtain could not have been designed, and the richness of the tapestried surroundings betoken exquisite taste and magnificence. Reader, this is the grand spectacle that looms up before you on entering, and here we leave it.
CHAPTER XXV. ELEEMOSYNARY INSTITUTIONS.
MUSKINGUM COUNTY INFIRMARY-JOHN M'IN- TIRE'S WILL-LEGAL ACTION CONCERNING THE WILL OF JOHN M'INTIRE-THE MUSKINGUM COUNTY CHILDREN'S HOME-M'INTIRE CHIL- DREN'S HOME.
MUSKINGUM COUNTY INFIRMARY .- The first
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legal step taken to provide for the poor by the county, was an "Act to authorize the establish- ment of poor houses," passed February 26th, 1816-[Chase's Statutes, vol. I, p. 998.] Like all early efforts, this was subjected to alteration from time to time. March 23d, 1850, the name "Poor House" was changed to the "Infirmary," as less obnoxious in sound. The struggles incident to opening up a new country were not confined to individual welfare, but partook of a communistic nature ; were for mutual benefit, and it was there- fore a practical and reasonable act to provide for whoever should be found in need, by a mutual effort, such as this. This was also esteemed a Christian duty. "The poor shall never cease out of the land ; therefore I command thee, say- ing, thou shalt open thine hand wide unto thy brother, to thy poor and to thy needy in thy . land."-Deut. xv. 2.
The present Infirmary farm contains two hun- dred acres. The following extracts from the Commissioners' Journal, exhibit the acquisition of this property.
June 30th, 1838 .- This day the Commissioners purchased, of Andrew R. Jackson, one hundred (100) acres of land in Falls township, Mus- kingum county, and being the east end of lot No. 2, Jackson's division, in Quarter township No. 4, in township No. 1, range No. 8, for the purpose of a County Poor Farm, and obligated themselves and their successors in office, in their corporate capacity, to pay said Jackson for the same, as follows : Two thousand dollars ($2,000) on the first day of October next, to be applied to the payment of a mortgage in the hands of A. Buckingham & Co., and the balance as may hereafter be agreed upon.
LYLE FULTON, ISRAEL ROBINSON, SAMUEL MCCANN, County Commissioners.
July 3d, 1838, Andrew Jackson, having pre- sented a deed executed by himself and wife to the Commissioners of Muskingum county, and their successors in office, and assigns forever, for one hundred ( 100) acres of land, heretofore purchased by the said Commissioners, for the accommodation of a poor house for said county. It is therefore ordered by the Commissioners, that the Auditor issue orders on the County Treasurer for three thousand dollars. ($3.000,) the price agreed upon for said land, the orders to be for such amounts as the said Jackson may require ; the said sum to be paid on or before the first day of October next, and the said Jackson to allow interest on all payments made before that time.
ISRAEL ROBINSON. SAMUEL MCCANN, County Commissioners.
October 8th, 1863, the second one hill- dred acres of the poor farm, adjoining the first tract, was purchased of Augustus C. Springer. for seven thousand dollars ($7,000). The con- tract for building the first "Poor House." was let to David Maginnis, May 15th. 1839. for
Mago
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HISTORY OF MUSKINGUM COUNTY, OHIO.
$7.409.57. This building was partly destroyed by fire in 1859, and rebuilt and enlarged in 1860, at a cost of $9,500.
THE NEW BUILDING .- The architect was W. C. Hazlett : the contract was let May 15th, (the Ist Monday. ) 1880. The contractors for excava- tion, foundation and brick work, T. B. Town- send : for cut stone, Eisle & Berkimer ; for iron beams, Mt. Vernon Bridge Co. ; carpenter work, galvanized iron work, slate and tile roofing, Wm. Hall : painting, Henry Mechlin ; plumb- ing, Rockel & Sons. The total contract price, $44,000 : to be completed in May, 1881. The building will accommodate 200 inmates, and have extra rooms for the Superintendent.
The farm contains about thirty acres of wood land ; the remainder is all under cultivation. The premises have been in use since 1841. In that year the total expenditures amounted to $4,950.27.
The officers were :
Superintendent-Sanford Howard.
Directors-Isaac Dillon, D. Brush and I. Slaughter.
The number of inmates at the close of that year was twenty-five. In June, of the same year, John Burtch was appointed Superintendent, at a salary of three hundred dollars per annum, board and house room for himself and family.
In 1842, the products of the farm were : Wheat, 250 bushels ; oats, 170 bushels ; corn, 480 bushels : potatoes, 400 bushels ; turnips, thirty bushels ; buck wheat, ten and a half bushels ; clover, twelve tons ; timothy, three tons ; pork, 2,212 pounds.
The number of inmates during this year was nineteen.
The Directors were : John Peters, John Roberts and Wm. Camp.
The Superintendent, in 1874, was John Christie, and he was succeeded, March 1, 1881, by L. R. C. Howard.
The institution is under good discipline. The following requirements are found in the code : Cleanliness and good behavior ; the inmates shall perform such labor as may be assigned them-if practicable, this shall be such as they have been accustomed to ; to exercise in the open air, as recreation, in places assigned by the Su- perintendent : men are to shave, or be shaved, twice a week. And all are required to attend Divine service whenever held in the house, ex- cept those having conscientious scruples opposed to this requirement, and they are required to re- main in their rooms during this time.
Those conforming strictly to the rules of the institution, may, on application to the Superin- tendent, be permitted to visit their friends, and have their friends visit them, according to the dis- cretion of the Superintendent -- except on Sabbath.
9th .- No visitor shall be allowed to enter or go through the rooms of the house without first obtaining permission from the Superintendent or one of the Directors.
10th .- Each pauper shall have the full bene- fit of any lawful donation made him or her in-
dividually, provided such donation be made with the consent of one of the Directors or the Super- intendent ; and donations made for the benefit of the house, shall be faithfully divided among the poor, or applied to their additional comfort, at the discretion of the Directors.
Among the prohibitions are : "Lying, stealing, profanity, quarreling, fighting, card-playing, immoral books, obscene conversation, and the use of intoxicants." T"hey shall not sell nor barter their utensils, clothes or provisions, nor offer any fee or gratuity, whatsoever, to any per- sons belonging to the house, nor accept or receive any reward from any other person, for services rendered or to be rendered."
The inmates at the close of the year, 1880, numbered 159.
Products of the farm, 1880: Wheat, 1,085 bushels, of which 500 bushels were sold for $450., and the money paid into the County Treasury ; 550 bushels were exchanged for flour for the use of the institution ; corn, 1, 100 bushels ; oats, 100 bushels ; potatoes, 100 bushels ; hay, twenty-five tons ; all of which was consumed on the place.
Infirmary Directors : One Director is elected annually, [See Sec. 957, Revised Statutes, ] and the term of office begins the first Monday in De- cember. The present Board consists of Robert Slack, whose term of office expires in December, 1881 ; Geo. A. Gardner, whose term expires in December, 1882, and Addison Palmer, whose term expires in December, 1883.
The powers vested in the Board are defined in Sections 961-2, Revised Statutes, and by virtue of this authority, they have appointed the present Superintendent for one year from March I, 1881, at a salary of six hundred dollars, and his wife as matron, at a salary of one hundred dollars, beginning at the same date, and the following physicians to attend the poor entitled to gratuitous service : For the Infirmary, Dr's. J. G. F. Holston and L. M. Reamy, at a salary of two hundred dollars each. And for the wards of the city, as given, with salary affixed : Ist and 2d Wards, Dr. A. C. Oatley, $120.00; 3d Ward, Dr. Seth Allen, $60.00: 4th and 5th Wards, Dr. W. C. Lenhart, $100.00 ; 6th Ward, Dr. J. T. Davis, $60.00 ; 7th Ward, Dr. W. E. Atwell, $50.00; 8th Ward, Dr. C. H. Evans, $70.00 ; 9th Ward, Dr. J. R. Larzelere, $50.00. Total, $910.00.
The total amount expended for the benefit of the poor not in the Infirmary, for the year ending March ist, 1881, has been $3,000.00. The en- tire expenditures for the Infirmary, including salaries, and " the out poor," for the same time, amounted to $16,000.00.
Under the provisions found in Section 976, Revised Statutes, the Board has entered into arrangements for transferring the children at the Infirmary, and any hereafter received into that institution, to the " McIntire Children's Home," where they are to be cared for, as other chil- dren received into the Home, and at the same cost that said children would be to the county,
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HISTORY OF MUSKINGUM COUNTY, OHIO.
JOHN M'INTIRE'S WILL.
The following is an extract from the Records of the Court of Common Pleas of Muskingum County :
August 4th, 1815 .-- At a called Court of Com- mon Pleas, held at Zanesville, in Muskingum county, present, David Findley, Stephen C. Smith and Daniel Stillwell, associate Judges of said 'court, the last will and testament of John McIntire, deceased, was produced in open court, and proven on the oath of Samuel Culbertson and Job Stanbery, the subscribing witnesses. Daniel Convers and Alexander Adair were sworn in open court as Executors, when the usual orders were made.
JOHN MCINTIRE'S WILL .-.. I, John McIntire, who am a citizen of the United States, and a resident of the town of Zanesville, wishing to make a just disposition of all my estate, both real and personal, to take effect after my death, do make this instrument of writing, as, and for my last will and testament, hereby revoking and disannulling all former wills, by me heretofore made.
" In the first place, in lieu of my wife's full dower at law, I give devise and bequeath to her absolutely, the one half of all the personal prop- erty I may die possessed of, except my clock, which is not to be sold, but remain in my dwell- ing house so long as it will go. All my personal property is first to be valued by three men chosen by my executors, then my wife, Sally, is to make her choice of the one-half, or, should she not take the one-half, the residence is to be sold, and she is to get the money arising from the sale. I also give, devise and bequeath to her, during her life, my mansion house, barn, stable, and all my outhouses and improvements, within the present enclosure, where I now live.
"Secondly, so soon after my death as my executors, or a majority of them, may think proper, I order, direct, and empower them, to sell and convey in fee simple, in such parcels and in such manner, and on such terms as they think proper, all and every part of my real es- tate in the county of Muskingum, or elsewhere, except the real property which I own and which lays within the grant made by the United States to Ebenezer Zane, on the Muskingum River. which shall not be sold during the lifetime of my wife, and out of the sales and proceeds of the above lands, my executors are to pay off all my just debts as soon as possible, after which debts are paid, my executors are to pay to my wife, Sally, annually during her life, the one-half of the rents, interest, issues and profits of all my es- tate, both real and personal. The money aris- ing from the sales of my real estate after the payment of my debts, as aforesaid, is to be hy my executors, vested in stock in the Zanesville Canal and Manufacturing Company, all except- ing one hundred dollars, which I allow them to purchase a horse, saddle and bridle with, for John Chapman, who now lives with me, also
another hundred dollars, which I allow to pur- chase a horse, saddle and bridle with, for Lucin- da Green, who now lives with me. At the death of my wife, Sally, I allow my executors to sell and convey, in fee simple, in such a manner and on such terms as they think proper, all the rest, residue and remainder of my real estate then remaining unsold. The house and lot. as above bequeathed to my wife, with the clock aforesaid excepted, and the money arising from such sale or sales to be vested in the Zanesville Canal and Manufacturing Company stock, as my other money is ordered to be vested.
"Thirdly, I allow my executors, if they think it prudent and proper, to pay out of the afore said funds annually to Negro Mess, who has lived with me, and now lives with me, fifty dol- lars, during his lifetime.
" Fourthly, I give, devise and bequeath to my daughter, Amelia McIntire, otherwise called Amelia Messer, at the death of my wife, my mansion house, with the premises before de- scribed, in fee simple, provided she leaves heirs of her body, or heir, with the clock aforesaid ; also I give, devise and bequeath to her and the heir or heirs of her body, and their heirs forever, all rents, issues, interest and protits, of all my Zanesville Canal and Manufacturing Company Stock, which are to be paid to her annually dur- ing her life, by the President and Directors of said company. on her own personal application, and not otherwise. She is not at liberty to sell, under the pain of forfeiture, any part of said stock, nor is the same ever to be liable for the payment of her debts which she may contract, or which her husband, should she marry. may contract. Should she leave an heir, or heirs. of her body, then, at her death, the house aforesaid to be vested in them in fee simple, and all the stock aforesaid, to do with as they may think proper. But should my daughter, Amelia McIn- tire. otherwise called Amelia Messer, die with- out an heir or heirs of her body, then iny house and lot, with the premises as before described, are to be held in fee simple by the company be- fore described, for the use and occupancy of the President of said company, with the clock afore- said, he paying into the fund aforesaid. for the use hereafter described, a reasonable rent. to be fixed by the Directors, for the same: and the President and Directors of said company are annually, forever, to appropriate all the profits, rents and issues of my stock, as aforesaid, and all iny estate, of whatever kind the same may be, for the use and support of a Poor School. which they are to establish in the town of Zanes- ville, for the use of the poor children in said town, the children who are to be the objects of this Institution to be fixed upon by the Presi- dent and Directors of said company. This he- quest to be absolutely void, in case my daughter Amelia, hefore described, should leave an heir. or heirs, of her body.
" Lastly, I nominate. constitute, and appoint my friends, Daniel Convers. Alexander Adair. and Nathan C. Findley, all of Zanesville, the
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HISTORY OF MUSKINGUM COUNTY, OHIO.
executors of this, my last will and testament, with full and absolute power, by me in them, or a majority of them vested, to carry this will, and every part thereof, into full effect, and I fully em- power them or a majority of them, to sell and convey my real estate as aforesaid described, in fee simple, and as fully as I myself could, were I living ; and, in case any one of my executors, as aforesaid mentioned, should refuse to act agreeable to my request, as an executor of my estate, then, in that case, I authorize, and fully empower the other two executors to fix upon, and appoint some other person, who will act as an executor, and after he is sworn according to law. as an executor is sworn, I do absolutely, and fully, vest him with all the powers which any of my executors are vested with, and all his acts as an executor are to be as binding as those of his co-executors.
"In testimony that this instrument of writing is my last will and testament, I, John McIntire, who am now of sound mind and memory, have hereto set my hand and seal, this eighteenth day of March, eighteen hundred and fifteen, at Zanes- ville, Ohio.
" JOHN MCINTIRE, [Seal. ]
" Signed, sealed, and pronounced by John McIntire, in our presence, as his last will and testament, who, in his presence, and at his re- quest. sign our names, as witnesses to the same.
J. W. CULBERTSON, JOB STANLEY."
Nathan C. Findley declining to act as one of the executors of John McIntire, deceased, Eb- enezer Granger was appointed in his stead. E. Granger died in 1822, leaving Daniel Convers and Alexander Adair, surviving executors.
SUPREME COURT OF OHIO-DECEMBER TERM. 1867-MCINTIRE'S ADMINISTRATORS ET AL. VS. THE CITY OF ZANESVILLE-Petition for the con- struction of the last will and testament of John McIntire, deceased. Reserved from the District Court of Muskingum county. T. J. Taylor, So- licitor for Children's Home.
LEGAL ACTION CONCERNING THE WILL OF JOHN McINTIRE .- The Administrators and the Zanesville Canal and Manufacturing Company vs. The City of Zanesville .- [Ohio Reports, Critchfield, p. 352, et seq. ] By a provision in the will in question, " the President and Directors of said Zanesville Canal and Manufacturing Com- pany, are annually, forever, to appropriate all profits, rents, and issues of my stock as aforesaid, and all my estate, of whatever kind the same may be, for the use and support of a Poor School, which they are to establish in the town of Zanes- ville, for the use of the poor children in said town, the children who are to be the objects of this in- stitution, to be fixed upon by the President and Directors of said company.
" At the date of the will, said Zanesville Canal and Manufacturing Company were unincorpor- ated ; but soon after the death of the testator, they were duly incorporated, and authorized to accept and execute the trust ; and their corpor- ate existence has been made perpetual for that
purpose, by subsequent act of the Legislature. "Upon the happening of the contingencies upon which depended this devise, the Zanes- ville Canal and Manufacturing Company accepted the trust, erected a school building in the city of Zanesville, and supported therein a "poor school," until the year 1856, when, owing to the flourishing condition of the public schools of this city, and the repugnance of parents and children towards a distinctive "poor school," the said Zanesville Canal and Manufacturing Com- pany placed the building under the control of the city Board of Education, which Board conduct- ed schools therein in the same manner as if it were a ward school, the Zanesville Canal and Manufacturing Company paying the expenses of said school.
" In 1865, the said Zanesville Canal and Man- ufacturing Company assumed the expense of maintaining another of the ward schools of the city.
" Of this fund, a sufficient sum to pay the ex- penses of schools taught in the McIntire School Building, from 1856 to 1865, was paid to the School Board for that purpose, and the additional sum of $8,000 annually, up to the close of the year 1880, with additional contributions for cloth- ing, etc., of from $500.00 to $800.00 annually.
" Since the death of the testator, several addi- tions have been made to the town of Zanesville. Some of these additions are included in the pres- ent corporate limits of the city, and some are not. Of the latter description, is a village. on the west side of the Muskingum river, called . West Zanesville," in which lots were laid out by the testator, and denominated by him on the plat as 'lots in Zanesville.' The incorporated town, in 1815, was situated entirely on the east side of the river.
" A part of the fund so donated is still unin- vested, and stock in the Zanesville Canal and Manufacturing Company cannot now be pur- chased, and, if so purchased, would be of little or no value.
"The present case is a petition filed by the Zanesville Canal and Manufacturing Company, and the administrators, with the will annexed of said estate, asking the Court for directions and advice as to the manner of investing the remain- ing part of the fund, as to the extent and limits of the 'town of Zanesville,' within the meaning of said will, and as to the proper manner of executing the trust within those limits.
" The city of Zanesville answers, claiming that the present application of the fund, in aid of the free schools of the city, shall be continued.
"Since filing the petition, a voluntary associa- tion, denominated the .Muskingum Children's Home Association,' has been made a party de- fendant, and filed an answer in the cause. The object of this association is to 'secure proper care, culture and homes, for children in the city and vicinity of Zanesville, who, by misfortune or vice, are left in destitute circumstances, without the comforts or culture of home, church, or school.' It is located at Zanesville, and has al-
Interior of Wholesale Store of WHEELER STEVENS, Zanesville, Ohio.
HISTORY OF MUSKINGUM COUNTY, OHIO.
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ready received from the trustees, some part of the McIntire fund, to aid it from time to time in its charitable enterprise; and the association asks that the Trustees be advised or directed to ap- propriate at least part of the trust for that use.
DECREE .- "This cause came on to be heard upon petition and amended petition of the plain- tiffs, the answers of the defendants, and the ex- hibits and testimony, and was argued by coun- sel ; on the consideration whereof, the Court directs and advises that the uninvested part of ' the fund, referred to in the petition, be invested otherwise than in the stock of said Zanesville Canal and Manufacturing Company, in such way, and manner, as shall be most productive and safe. And the Court is of opinion, and so advises said Trustees, that it is the true meaning and intent of said will, that, in the selection of children to be the beneficiaries of said bounty, that they be not confined to the limits of the original town of Zanesville, or to the corporate limits of the borough or city of Zanesville, but may, and should, select them also from the said village of West Zanesville, or from any and all other additions to said town or city, which, in the common and popular sense, constitute parts thereof at the time of selection. And the Court further advises and directs the said Trustees to discontinue the present plan of applying a portion of the proceeds of said trust fund, in aid of the common schools of said city of Zanesville, being of opinion that any permanent appropria- tion of said funds, or any portion of them, in that way, would be a perversion of the same from the true objects and purposes of the dona- tion. And the Court, further proceeding to ad- vise said Trustees as to their duties in the prem- ises, is of opinion and declares, that the real and ultimate purpose of the donor was, to educate poor children, resident in Zanesville : that, in carrying out that purpose, the powers of the Trustees are not confined to the mere establish- ment and maintenance of a free school, or insti- tution for the education of poor children ; but that they may, when found proper and necessary to the end proposed, also adopt other means for the education of such poor children, in connec- tion with such school or institution, and, as inci- dental thereto, including, among such other means, that so far relieving the wants of such poor children as to make their education practic- able, when that end cannot be otherwise at- tained. and the proceeds of said fund are suffi- cient for that purpose. But the Court further advises, that the Trustees maintain and use, at all times, some suitable edifice, or edifices, for in- struction, and that when they see proper to dis- pense any part of said funds through other asso- ciations or persons, they retain in their own hands a supervisory power over them, and the right, at all times, to control their action. And it is further ordered and adjudged by the Court, that all the costs herein be paid by said Trustees, out of the proceeds of said trust fund."
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