USA > Ohio > Noble County > History of Noble County, Ohio: With Portraits and Biographical Sketches of some of its pioneers and prominent men > Part 15
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128
HISTORY OF NOBLE COUNTY, OHIO.
manent seat of justice of said Coun- ty of Noble shall be established according to law.
"SEC. 8. That George Mccullough, of Jefferson County, Martin Heck- ard, of Meigs County, and Lafayette Emmett, of Knox County, be and they are hereby appointed commis- sioners to fix upon and locate the seat of justice of said County of Noble, agreeably to the provisions of the act entitled 'An Act for the Establishment of Seats of Justice.'
"SEC. 9. That nothing herein con tained shall be so construed as to alter or change any representative, senatorial or congressional district .*
"Src. 11. That nothing contained in this act shall be so construed as in anywise to operate as a release or discharge of any person, residing within the territory taken from the County of Guernsey by this act, from any State, county, township or other tax heretofore assessed and levied by the officers of said Guernsey County, or on account of any tax hereafter to be levied upon the real or personal property on account of any subscrip- tion to any railroad company here- tofore made or hereafter to be made in pursuance of any vote heretofore taken in said Guernsey County, and that the same shall be forever a lien upon the said property the same as if the said territory had not been de- tached from the County of Guernsey.
"SEC. 12. The officers in the County of Guernsey, whose duty it shall be to assess and collect any tax
hereafter to be levied for the pay- ment of the principal or interest of any railroad subscription hereafter to be made in pursuance of a vote heretofore taken in favor of such subscription, shall proceed to levy and collect the proportionate share of the same off the property in the territory taken from the County of Guernsey by this act, the same as if said property remained in the County of Guernsey ; and the said officers are hereby invested with all the powers in the collection of the same as are provided by law for the col- lection of State or county taxes."
The territory taken from Morgan County comprises the present Town- ships of Brookfield, Noble, Sharon, Olive, Jackson, and the twelve sec- tions of Center township that be- longed to township 7 of range 9 of the original survey. Beaver, Wayne, Seneca and Buffalo were taken from Guernsey County ; Marion, Stock, Enoch, nearly all of Elk, fifteen and one-half sections of Center, and the seven northern sections of Jefferson, from Monroe County. The territory taken from Washington County is that included in the four southern sections of Elk and that part of Jef- ferson Township belonging to con- gressional township number 5 of range 8.
The commissioners, to fix the seat of justice, made their report in the following words :
" The undersigned, George McCul- lough, of the County of Jefferson ; Martin Ileckard, of the County of Meigs; and Lafayette Emmett, of the County of Knox, commissioners
* Section 10 is here omitted for the reason that it does not relate to Noble County but annexes a por- tion of Roxbury Township, Washington County, to Morgan County.
129
THE FORMATION OF NOBLE COUNTY.
appointed to fix upon and locate the seat of justice of Noble County by the act entitled 'an Act to erect the County of Noble,' passed March 11th, 1851, having agreeably to the pro- visions of the act entitled 'an Act establishing seats of justice,' passed February 3d, 1824, previously given twenty days' notice to the inhabi- tants of the said County of Noble, of the time, place and purpose of our meeting, met persuant to said notice on Wednesday, the 23d day of April, 1851, at Sarahsville, in. said county, for the purpose of fixing upon and locating the seat of justice for said Noble County, and after having been duly sworn according to law, pro- ceeded to the discharge of our duties as commissioners aforesaid ; and hav- ing duly and carefully examined the different localities pointed out by the inhabitants of said county, and duly weighed the arrangements in favor of each, we do fix upon and locate the seat of justice of said County of Noble at the town of Sarahsville, in said county.
" GEORGE MCCULLOUGH, " MARTIN HECKARD, " LAFAYETTE EMMETT."
"Sarahsville, Noble County, April 24, 1851."
The above was placed upon the record of the common pleas court June 19, 1851, and at the same time a bill of exceptions was filed and or- dered to be made a part of the record.
The commissioners to fix the seat of justice appear to act with due deliberation, judging from the num- ber of days spent in the discharge of their duties. June 2, 1851, the 9
commissioners of Noble County or- dered their accounts to be paid, as follows:
To George Mccullough, for 11 days at $3 per day $83 To Lafayette Emmett, for 15 days at $3 per day. 45 To Martin Heckard, for 15 days at $3 per day 45
Total $123
The first election for county offi- cers was held in April, 1851, at which Robert Barkley was chosen auditor ; Samuel McGarry, treasurer; Joseph Schofield, sheriff; Jabez Bel- ford, prosecuting attorney; John Noble, Timothy Smith and Jacob Lyons, county commissioners; Rob- ert Hellyer, recorder, and John II. Jeffries, county surveyor.
A number of interesting facts rela- tive to the early official acts in Noble County are brought to light by an examination of the records of the county commissioner. The first ses- sion of the board began at Sarahs- ville, on Tuesday, the 29th of April, 1851. The record opens as follows:
"Jacob Lyons, a commissioner elected for said county for the ensu- ing term of office provided for in the act entitled 'an act to erect the County of Noble,' passed March 11, 1851, after having deposited a certif- icate of his election with the auditor of said County of Noble, with an oath of office attached thereto ac- cording to law, and the same being filed by said auditor in his office, thereupon the said Jacob Lyons pro- ceeded to the discharge of his office as aforesaid."
In like manner Timothy Smith
130
HISTORY OF NOBLE COUNTY, OHIO.
and John Noble, commissioners elect, entered upon the duties of their offices.
The board, having organized for business, received petitions for the alteration of townships and the erec- tion of new townships, and after an examination of the same, adjourned until the following morning at eight o'clock. Robert Barkley, county auditor, acted as clerk of the board.
On Wednesday, April 30, the com- missioners made provisions for meet- ing with the commissioners of Mor- gan, Washington, Monroe and Guern- sey Counties, for the purpose of mak- ing settlements of money remaining in the treasury of those counties, a por- tion of which belonged to the terri- tory now included in Noble County. It was therefore agreed that the board meet the commissioners of Morgan County at McConnelsville, on Monday, May 12, 1851; the com- missioners of Washington County at Marietta, on the 16th of May, 1851; the commissioners of Monroe County at Woodsfield, on the 21st of May, 1851; and the commissioners of Guernsey County at Cambridge, on the 26th of May, 1851.
The board then examined " peti- tions from various quarters of Noble County with regard to the classify- ing of her fractional parts into town- ships," and adjourned until the next day.
On Thursday, May 1, the Com- missioners proceeded to alter existing townships and to erect new ones .*
In the discharge of this duty the following results appeared :
1. Beaver Township (altered).
2. Brookfield " 66
3. Buffalo (erected).
4. Center
5. Elk (altered).
6. Enoch 66
7. Jackson 66 (to remain as
heretofore).
8. Jefferson township (erected). 9. Marion ¥
10. Noble 66 (altered).
11. Olive 66
12. Seneca 66
13. Sharon 66 (erected).
14. Stock
15. Wayne
The commissioners having estab- lished the boundaries of the above mentioned townships ordered that a map of each be made and forwarded to the clerk of the township; also that notice be forwarded to the township clerks of an election for the purpose of choosing township officers. Notices were accordingly forwarded on the first of May to each township except Jackson, which, in the general renovation of boundaries, had not been "changed or altered." The Board concluded its first session and adjourned sine die after direct- ing Robert Barkley, commissioner's clerk, to seek from the auditor of State advice as to how lists and other documents were to be obtained from the parent Counties of Morgan, Washington, Monroe and Guernsey.
At their June session, 1851, the county commissioners record the arrangements concluded by them with regard to temporary quarters
* For description of the boundaries of townships see chapters relating to the history of the several townships.
1
131
THE FORMATION OF NOBLE COUNTY.
for the county offices. The offices for the treasurer and recorder were rented from Dr. J. F. Capell " for the sum of one dollar and twenty- five cents per month, together with fuel for the same." The auditor's office was obtained from William Tracy, Esq , for $1 per month, fuel included.
J. Axtell furnished an office for the county clerk; rent not specified, but doubtless moderate.
At the same session the board of commissioners discussed various sites for county buildings, but arrived at no decision in the matter. June 25, 1851, they ordered that the following amounts be levied on the duplicates as taxes for Noble County for the year 1851:
For county purposes $7,000
" township 1,200
" school * 2,778
public buildings 2,100
Total $13,078
Having previously chosen lots 57 and 64 in Bates' addition to the town of Sarahsville, and then reconsidered their decision, on the 26th of June the board ordered that the court house and jail and other necessary public buildings be located on the public square in the town of Sarahs- ville. Notice to contractors was to be given in the Democratic Courier that the commissioners would receive at their office, July 28, 1851, sealed proposals for the erection of a jail. At the date named the commissioners accepted the proposal of John B. Heaton, and on the 29th of July en-
tered into a contract with him for the erection and completion of a jail be- fore August 1, 1852, for the sum of $2,230, Heaton to furnish all the ma- terials and do the work according to certain specifications. The contract called for a jail 30x40 feet, two sto- ries high; the first story nine and the second story ten feet in height; the first story to be of good building stone and the second of brick. In the first story were eight windows and one door, also two partition walls of stone running through the build- ing, with doors in them, the outer door of plank spiked with iron, the inner doors of boiler iron. The win- dows on the first floor were to be thirty inches square, each filled by one sash of glass with gratings over it. The second story, designed for "common rooms," was to contain one door and eleven windows, each win- dow containing twenty-four lights of 8x10 glass, and to be finished into apartments.
August 1, 1852 came, but Noble County's public building still re- mained uncompleted. December 10, 1852, seeing that the jail is not done, and that the time for completing it has elapsed, Heaton having "aban- doned the contract and departed this county to parts unknown," the commissioners order their clerk to notify Heaton's securities, Joseph Potts, Thomas Dyson and Harrison Secrest, that they will be held for damages for non-fulfillment of the contract. On the 17th of January, 1853, the commissioners proceeded to view the jail, now completed, and on the following day, still insisting
*Supposed to be one mill on the dollar.
132
HISTORY OF NOBLE COUNTY, OHIO.
that the contract is unfulfilled they take the keys and possession of the jail and "accept the said jail, still holding said Heaton and his secur- ities liable in damages for default and insufficiency of said jail in work. manship." And there the subject is dropped. March 10, 1853, the com- missioners order that the upper story of the jail be fitted up as a tempo- rary court room. It was according- ly so fitted, and continued to serve as the court house of Noble County until the removal of the public records to Caldwell in 1858. The county officers continued to be sup- plied with rented offices in the town of Sarahsville, as before. March 7, 1871, the county building in Sarahs- ville was sold by the commissioners to Jonas Danford and Joshua King, ·agents of the Sarahsville congrega- tion of the M. E. Church for the sum of $200.
There was some difficulty exper- ienced by the commissioners of Noble County in coming to an amic- able adjustment of financial relations with some of the parent counties. The following extract from the re- cords serves to show the feeling that prevailed :
March 3, 1852, "A communication was received by the commissioners of Noble County, Ohio, from the commissioners of Guernsey County, requesting the commissioners of Noble to order an order to be issued for the benefit of said Guernsey County, amounting to $690, which amount said commissioners of Guern- sey say they have expended in erect- ing bridges for the use of said County of Noble. Ordered that the board notify the Guernsey County commis- sioners that they will not pay any part of it."
CHAPTER IX. CIVIL HISTORY OF NOBLE COUNTY.
THE COUNTY-SEAT CONTROVERSY -ITS BEGINNING - THE QUESTION OF RE-LOCATION - THE RIVAL SITES - SARAHSVILLE AND THE CALDWELL FARM - A VOTE UPON THE MATTER PROVIDED FOR BY ACT OF THE LEGISLATURE, 1854 - THE ELECTION - THE RESULT- THE VOTE BY TOWNSHIPS - THE ADVOCATES OF A CHANGE SUCCESSFUL - A LEGAL CON- TEST -HISTORY OF THE LITIGATION - BUILDING OF THE COURT HOUSE IN CALDWELL - REMOVAL OF THE COUNTY OFFICES, 1858- THE TEMPORARY COURT HOUSE AT THE NEW COUNTY SEAT - THE FIRST JAIL IN CALDWELL - THE PRESENT JAIL - CIVIL LIST - COUNTY OFFICERS FROM 1851 TO 1887- MISCELLANEOUS STATISTICS - AGRICULTURAL PRODUCTS - MANUFACTURING ESTABLISHMENTS - POPULATION - POLITICAL STATISTICS.
THE County of Noble had scarcely been established and the loca- tion of its seat of justice fixed by the State commissioners before dissatis- faction arose, and the people of the new county speedily found themselves involved in a fight, which proved to be long and animated, over the county-seat question.
From the time when the project of a new county first began to be dis- cussed, this topic had been promi- nent ; but on the principle that a rab- bit must be caught before it can be cooked, all had worked harmoniously together to secure the establishment of the county. The inhabitants of the county were divided in opinion between two sites. The old village of Sarahsville, being the only town near the center of the county, natu- rally was favored by many as the county seat. But another portion of the county, in which resided many of those who had worked most earnestly to secure the passage of the act erect- ing the county, favored a site on the Caldwell farm in the Duck Creek
Valley as the best place for the future metropolis of the county. The ques- tion of geographical center entered prominently into the discussion, as it usually does in all such contests, but, owing to the fact that no eligible site could be found at the exact center of the county, the opponents of Sarahs- ville unanimously agreed upon a cer- tain tract in the northwest quarter of section 3, Olive Township, as being the best site that could be found cen- trally situated. A portion of this tract was offered to the county by its owners as a donation, provided it should be selected as the county seat. Thus it came about that the entire question was narrowed down to a fight between the friends of Sarahs- ville and those in favor of the other proposed site.
The commissioners met and, as we have seen, decided that Sarahsville should be the county seat. Then the fight began. The dissatisfied ones charged that bribery had been re- sorted to in order to secure the prize to Sarahsville, and loudly declared
183
134
HISTORY OF NOBLE COUNTY, OHIO.
that they would not tamely submit to such injustice. Agitation began at once in favor of a change. A pa- per was started in Olive favoring the re-establishment of the county seat. The contest grew close and interesting.
Although a fight, it was a good- natured one. Anger was often aroused in the heated discussions which took place between the advocates of the rival sites, but no lasting enmity re- sulted nor were friends estranged because of the controversy. The Caldwell adherents shrewdly looked into the situation, and by giving to the other faction whatever else they desired in the way of county offices, managed to elect a majority of the board of commissioners favorable to themselves, thus preventing the erection of anything more than tem- porary public buildings in Sarahs- ville. All the contests over county offices were fought without regard to the lines of national political par- ties. Noble County knew but two parties, the friends of Sarahsville and those of the Olive Township site, or, as they were locally styled, the party of "The North " and that of "The South."
The advocates of a change busied themselves in advancing their inter- ests, and on the 29th of April, 1854, secured the enactment of a law by the general assembly authorizing the people of Noble County to vote upon the question at the next annual election.
Then began an animated campaign in which both sides were confident of victory. The election was held
on Tuesday, the 10th of October, 1854, and resulted in favor of a change, but by only a small majority. The total number of . votes cast was 3,630, of which twenty-one were scat- tering; for the county seat to remain at Sarahsville 1,721; for location on the northeast quarter of section 3, Olive Township, 1,871. The vote by townships was as follows :
For Sarahs- ville.
For New Location.
Beaver
262
27
Buffalo
126
4
Brook field
59
116
Center.
377
52
Enoch.
2 229
Elk.
20
200
Jefferson
12
215
Jackson
253
Marion.
232
29
Noble
109
112
Olive ..
292
Stock.
79
159
Seneca
208
Sharon.
76
183
Wayne.
164
Scarcely had the result been an- nounced, before the defeated faction resolved to contest the election. Fraud, illegal voting. and bribery were charged on either side, and the friends of the old county seat resolved not to yield without a struggle. Then began an interesting legal contest, in which hundreds of dollars were spent, and no little enmity engendered, all to no purpose. Caldwell became the seat of justice of Noble County.
The history of the litigation,* briefly recounted, is as follows:
The act of April 29, 1854, "to provide for the permanent location of the seat of justice of Noble County
*Fifth volume, Ohio Statutes; John W. Noble and others rx. commissioners of Noble County opinion by Judge Scott.
135
CIVIL HISTORY OF NOBLE COUNTY.
by the legal voters thereof and for the erection of public buildings there- in," provides in its first section, that from and after the taking effect of the act, " so far as the location of the county seat of Noble County is affec- ted, the seat of justice of the County of Noble shall be permanently located and fixed, until otherwise provided by law," at a place particularly de- scribed in the northeast quarter of section 3 in Olive Township.
The second section provides that "this act shall take effect and be in force when and so soon as the same shall be adopted by a majority of all the qualified electors of said Noble County at the next general election after the passage of this act, voting in accordance with the rules and in the manner hereinafter pro- vided.
The third section provides for the manner of voting, and that "if a majority of all the qualified electors of said Noble County, voting at said general election. shall vote for loca- tion of the county seat on said north- east quarter of section 3 in Olive Township, this act shall thereupon be considered and holden to be adopted by such majority."
The fourth section provides for counting votes, transmitting returns, etc., to the court of common pleas of Noble County. The fifth section pro- vides for recording the certificate and notice of the result of the elec- tion in case there is a majority for the new location; and that such record shall be legal evidence for all purposes of the result of said vot- ing.
The sixth election (on which the contest was mainly made) is as fol- lows: "that the commissioners of Noble County shall, within twenty days after the result of said election shall be made known, as provided for in section 4 of this act, levy a tax sufficient, together with the proceeds of the sale of the public buildings in Sarahsville, which buildings such commissioners are hereby authorized and directed to sell, to erect a court house, jail, offices, and other neces- sary public buildings for said county, on the premises described in section 1 of this act : provided that if a majority of all the legal voters of said county voting at said election shall not vote in favor of locating the county seat on the premises men- tioned in the first section of this act, when said public buildings shall be erected by the tax above provided for, in the town of Sarahsville, in said county."
The seventh section provides for notifying the electors to vote on the question submitted to them by the act, etc. The eighth section provides for the re- moval of the county offices, by no- tice of the commissioners, after build- ings shall have been provided, etc.
The ninth section provides that "any elector of Noble County shall have the right to contest the validity of the vote authorized to be taken by this act, by serving a notice on the commissioners of said county," etc .; also that the court of common pleas "shall hear and determine the contest and make an order and decree deter- mining the seat of justice of said
136
HISTORY OF NOBLE COUNTY, OHIO.
county according to the true result of said vote."
The vote taken in pursuance of the act resulted as already stated. Thereupon John W. Noble and oth ers instituted proceedings to contest the validity of the election. The contestors moved the court of com- mon pleas to adjudge that "there was no law of the State at the time of said vote, authorizing and pre- scribing the manner of holding such an election, and that the law author- izing said election and removal is un- constitutional and void."
The court having heard the cause upon the evidence, overruled this motion and decided that the seat of justice of the county was "perma- nently located and fixed" at the place described in Olive Township. The contestors took exceptions, and to reverse this decision a petition in error was filed in the district court of the county. Thence the case was taken to the supreme court which re-affirmed the decision of the court of common pleas. Messrs. Stillwell, Ferguson and Casey acted as attor- neys for the contestors; and Messrs. Hanna, Dudley and Belford for the defense. From the interest in the subject, the length of the contest, and the legal talent engaged, this became, in truth, a "celebrated case."
The tract selected for the county seat (and for the donation of which a bond of $40,000 was given by Samuel Caldwell and others, and recorded in the commissioner's jour- nal, Dec. 6, 1854) is thus described : " Beginning at the place where the Lancaster and Louisville road crosses
the west line of the northeast quar- ter of section 3, in township number 6, of range 9 of lands sold at Zanes- ville, Ohio; thence north on said west line 28 rods; thence east, 29 rods; thence south, 28 rods ; thence west 29 rods to the place of beginning." This tract was deeded by Samuel Caldwell to the county commissioners, June 2, 1857.
December 6, 1854, after reciting the fact that a majority of the legal voters of the county have chosen the above described location as the seat of justice, the commissioners passed two resolutions, as follows:
"First, That Ezra McKee be au- thorized to cause to be surveyed the part of said northeast quarter of sec- tion 3, Olive Township, described in the first section of the law of April 29, 1854, * * *
* and that in making such survey there be reserved as a public square about two and one- half acres, upon which to erect the court house, provided that a strip about three rods wide can be ob- tained on reasonable terms from the land-holders adjoining, in order to the laying out of streets all around and a tier of lots on two sides of said square.
"Resolved, second, That the name of the new county seat ordered to be surveyed be Caldwell."
While the question as to whether Caldwell was in reality to be the seat of justice was still pending in the courts, nothing was done with refer- ence to the erection of new public buildings. But on the 10th of June, 1857, the county commissioners, James Archer, Jonathan Echelberry
137
CIVIL HISTORY OF NOBLE COUNTY.
and George Baker, "ordered and de- termined that there be erected on the public square, in the town of Cald- well, in this county, a court house in accordance with specifications here- after to be determined upon," and agreed to give notice in the Consoli- dated Republican that they would receive sealed proposals for the erec- tion of said court house, until the 20th day of July following. Meantime the commissioners order a sale of the lots in Caldwell, which belong to the county, on the 4th of July. The lots, thirteen in number, were sold at prices varying from $48 to $200 each.
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