History of Sandusky County, Ohio : with portraits and biographies of prominent citizens and pioneers, Part 26

Author: Everett, Homer, 1813-1887
Publication date: 1882
Publisher: Cleveland, Ohio : H.Z. Williams
Number of Pages: 1040

USA > Ohio > Sandusky County > History of Sandusky County, Ohio : with portraits and biographies of prominent citizens and pioneers > Part 26

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While this was being done, the road had been made ready for the iron nearly to Lima, in Allen county. In this condi- tion of the company's affairs it was over- taken by insolvency.

In the same year Joseph B. Vainum and Henry L. Mott, trustees named in the mortgage given to secure the first mortgage bonds of the road, commenced an action in the Court of Common Pleas of Sandus- ky county, to sell the road to pay arrearages of principal and interest which had be- come due to the holders of the bonds. This suit was prosecuted by Messrs. Buck. land and Everett, attorneys for the trus- tees, and resulted in a decree of foreclos- ure, and an order for the sale of the road was entered October 14, 1861. The sale

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HISTORY OF SANDUSKY COUNTY.

was made between the October and Jan- uary terms of the court, the road fran- chises, property, and fixtures being bid off by the creditors.

The sale was confirmed, and a deed or- dered January 6, 1862.

On the 21st of January, 1862, a new company was organized, and took the name of the Fremont, Lima & Union Railroad Company, to construct a road on the same route as that which had been adopted by the Fremont & Indiana Rail- road Company.

The corporators of the Fremont, Lima & Union Railroad Company were: Charles Congdon, of the city of New York ; David .J. Corey, and Squire Carlin, of the coun- ty of Hancock, and L. Q. Rawson and James Moore, of the county of Sandusky, State of Ohio.

L. Q. Rawson was made president, and R. W. B. Mclellan secretary, and also treasurer of the new company.

The Fremont & Indiana Railroad, at the judicial sale, sold for twenty thousand dol- lars; not sufficient to pay the bonds men- tioned in the mortgage, and the original stock in that road was, of course, lost to the holders.

The capital stock of the Fremont, Lima & Union Railroad Company was increased by the proper certificate of the Secretary of State, under date of May 17, 1864, to two million five hundred thousand dollars.

On the 4th of February, 1865, the Fre- mont, Lima & Union Railroad Company entered into an agreement with the Lake Erie and Pacific Railroad Company, of the State of Indiana, by which it was agreed to consolidate the two companies, and that the consolidated road should be called the Lake Erie & Louisville Rail- road Company. The agreement was rati- fied by the stockholders of the Fremont, Lima & Union Railroad Company, on the 14th of January, 1865, and by the stock-

holders of the Lake Erie and Pacific Company on the 18th of the same month, and the road on that day took the new name of "Lake Erie & Louisville Railroad Company," with a capital stock of six million dollars, in fifty dollar shares. After this organization was consummated, it be- came the settled purpose of the company to build a through line of railroad from Louisville to the head of navigation on the Sandusky River, so that heavy freight could be carried by water, thence to Buf- falo and New York, and passengers and light freight could pass east or west from Fremont on the southern division of the Lake Shore railroad.

The Lake Erie and Louisville Railroad Company continued to operate and ex- tend its line beyond Findlay, and also, by contract with other companies, namely, the Columbus & Indiana Central, and the Jeffersonville, Madison & Indianapolis, constructed twenty and three-fourths miles of their line, and put it in operation be- tween Cambridge City and Rushville, in the State of Indiana.

There remained unpaid bonds issued by the Fremont, Lima & Union Railroad Company, and also bonds issued by the Lake Erie and Louisville Railroad Com- pany. On these bonds a large arrear of interest was unpaid. These bonds were secured by mortgages to trustees for the benefit of the bondholders.

On the 29th day of March, 1871, the trustees commenced proceedings in the Circuit Court of the United States, to foreclose their mortgages and sell the road. On the 4th day of April, 1871, L. Q. Rawson was appointed receiver by the court, and took charge of the road as such. The road was sold under the de- cree of foreclosure, on the 18th day of October, 1871, but the property remained in charge of the receiver, Rawson, until January 1, 1872. The road and property

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HISTORY OF SANDUSKY COUNTY.

of the company was sold to trustees for the bondholders.

The part of the road located in Ohio, that is from Fremont to Union City, was reorganized November 4, 1871, under the name of the Fremont, Lima & Union Railway Company, and the trustees con- veyed the road property to the new com- pany, December 26, 1871. That part of the road in Indiana was reorganized No- vember 10, 1871, under the name of the Lake Erie & Louisville Railway Company, and these two companies were consoli- dated April 12, 1872, under the name last above given.

Bonds were issued by the road as fol- lows: Five hundred thousand dollars on that part in Ohio, and ninety thousand dollars for that part in Indiana between Union and Cambridge City, and mort- gages given respectively. This company put the road in operation to Lima, and then to St. Mary's, and graded the road- bed from Union City to Cambridge City, Indiana, a distance of thirty-four miles.

But the bonds were not paid, and on suit of trustees to foreclose the mortgage on the property of the Lake Erie & Louis- ville Railway Company, the road was again placed in the hands of a receiver. From the first organization of the Fremont & Indiana Railroad Company, through all its ups and downs, all its trials and tribulations, LaQ. Rawson had been president and chief manager. He ad- hered to the enterprise, through good and through evil report, and he gave his time, his untiring energy and great executive ability, and largely of his pecuniary store, to keep it up and carry it through. But President Rawson saw his wishes accom- plished so far that the road was com- pleted and cars running on it to St. Mary's, a distance of eighty-six miles, be- fore the 25th day of April, 1874, when under foreclosure proceedings the road

and its property were placed in the hands of a receiver, and as such receiver Isadore H. Burgoon, of Fremont, took full charge of the road, and managed it successfully, and to the satisfaction of all concerned, until March, 1877. The road was finally sold at judicial sale in two separate parts ; that is, the part in Indiana being the sub- ject of one, and the part in Ohio the other. The sale of the part in Ohio was confirmed February 24, and that in In- diana March 8, 1877.

This last purchase was made by the newly formed Lake Erie & Louisville Railroad Company, through Mr. James B Hodgskin, acting as trustee for the owners and holders of the first mortgage bonds of the Lake Erie & Louisville Railway Company. This sale carried to the purchasers all property of the com- pany, personal and real, and the purchaser took it, of course, divested of all prior claims.

On the confirmation of this sale to Mr. Hodgskin, or soon after, Mr. Burgoon, the receiver, filed in the Court of Common Pleas, of Sandusky county, his final re- port and the account of his doings and dealings in the management of the road of which he had full charge as receiver, under direction of the court, for almost three years.

Isadore H. Burgoon is a son of one of the many worthy pioneers of Sandusky county, Mr. Peter Burgoon, now deceased. After attending the common school near his home, was for a time sent by his father to Oberlin College. After leav- ing Oberlin he went into the service of the Fremont & Indiana Railroad Com- pany as office and errand boy, and from that station was advanced, step by step, in the service of the company, to that of general superintendent. We are pleased to record the fact that every step of this advancement was earned by hard work,

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HISTORY OF SANDUSKY COUNTY.

combined with unusual activity and integ- rity exercised in behalf of his employers.

Mr. Burgoon's final report and account as receiver was presented to the court and confirmed, not only without question, but by consent of the counsel on both sides, and he was highly complimented for his management of the affairs of the road, as is shown by the order of confirmation, which is as follows:

And this court, having examined the said final account and report, and found the same in all respects in accordance with law and the order of the court, and that the said receiver has duly paid and delivered all money, credits and property of every kind which came into his possession or control, by virtue of his appointment and office in accordance with the order and direction of the court, and has in all respects well and truly and faithfully discharged all his duties as such receiver, it is hereby ordered that the said final report and account be and the same is hereby approved and confirmed, and the said Isadore H. Burgoon discharged from all further accountability as such receiver. And he is espe- cially commended for the ability and faithfulness with which he has discharged the arduous duties of his office. Approved.

R. P. BUCKLAND AND CALVIN BRICE, Attorneys for Lake Erie & Louisville Railway Com- pany.

OTIS, ADAMS & RUSSELL,

Attorneys for Plaintiffs, the Trustees.

This account being confirmed, Mr. Bur- goon's duties as receiver were ended. Yet he was to receive further manifestations of approval for his energy and activity. The road was now under the management of Mr. Hodgskin as a representative of the purchasers. A new company was prompt- ly formed after the purchase, in New York city, of which Mr. Hodgskin was president. Mr. Hodgskin, from the time he purchased the road, seemed to appre- ciate Mr. Burgoon's ability and integrity, and kept him as superintendent of the road until the decease of President Hodgskin, which occurred March, 20, 1879. Soon after the death of Mr. Hodgskin the annual report of the com- pany was made showing, its condition for the year ending December 31, 1878, and

was signed by Charles Foster, as president, under date of March 26, 1879. C. R. Cummings, of Chicago, succeeded Mr. Hodgskin as president, and the directors again chose Mr. Burgoon as superintend- ent of the road.

The road was now scaled of all its debts, and was represented by one million five hundred thousand dollars of stock. A syndicate, it is said, was formed to pur- chase in this stock, for good judges affirm that the road at this time was worth at least two millions of dollars. This syndi- cate probably embraced the holders of large amounts of the stock, and the stock held by those outside this syndicate was quietly purchased at about twenty cents on the dollar, until all was gathered in. Soon after the purchase of the stock had been accomplished, and probably in June, 1879, the road seems to have been con- solidated with other western lines, and be- came part of what has since been known as the Lake Erie & Western Railway.

The northern terminus of the Fremont & Indiana Railroad, under all the differ- ent names by which it was known, had been at the head of navigation on teh Sandusky River in Fremont, and all freight intended for transportation by water was carried down the river and through the Sandusky Bay, past Sandusky City, into Lake Erie, to any desired port on the lakes.

However, after the first consolidation with an Indiana road, and the design was formed to make Louisville the southern terminus of the line, the intention was entertained to extend the road to the lake at some point, but this intention was never executed by that company. When the road was last transferred and took the name of Lake Erie & Western Railway, the new company made proffers to the peo- ple of Sandusky to extend their road to that place if sixty thousand dollars were

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raised in that city to donate towards the cost of the extension.

Under an act of the General Assembly of the State, the voters of Sandusky au- thorized the city to issue sixty thousand dollars of bonds, which were sold, and the sixty thousand dollars procured. The proceeds of these bonds were not paid to · the Lake Erie & Western Railway Com-

pany, but a new company, called the San- dusky & Fremont Railway Company, was formed, and proceeded to construct a road between the two cities named. Work was commenced on this road about July I, 1880, and made ready for trains about the last of February, 1881, and is practically and extension of the Lake Erie & West- ern Railway.

CHAPTER XVI. COUNTY ROADS.

Macadamized and Gravelled Roads in the County-Date of Building-Persons Prominently Connected with their Construction, and their Cost and Benefits.

T THE man who, seated in a fine car- riage, with perhaps wife, or sweet- heart, or bride at his side, drives pleasantly along the good roads of to-day at the rate of from six to ten miles per hour, or the anxious one who has occasion to ride post-haste over the same road for a sur- geon or physician, is not very likely to think of, nor thank the men who devised, and toiled, gave their time and money, and contended for the building of the structure which saves him or them from wallowing through the mud and mire which used to be there. The same may be said of the farmer as he, comfortably seated on his great load of produce or building material, jogs comfortably along without stalling, strain, or breakage. But history would not be just without making some specific mention of such improve- ments and of the men who contended for and executed them. Therefore we mention in our chapter on improvements, the mac- adamized roads made under the authori-

ties of the county, and some of the men connected with the construction of them.

The law under and by virtue of which these roads were made, provided that on the application of a majority of land owners whose land would be subjected to a charge for the construction of the road, the coun- ty commissioners might appoint three viewers or commissioners, and a surveyor or engineer, to view the route proposed for the road, and if the construction of the road should, in their opinion, be required by the public convenience, they should also report an estimate of the cost of con- struction, and a description of the land which, in their judgment, should be taxed to pay for the work. They also reported the form of the road and the materials to be used, whether gravel or stone, and the width and thickness to which the material should be laid on. On the filing of this report commissioners might approve the same and order the construction of the road, The commissioners were also

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empowered to issue bonds of the county bearing interest, and sell them to raise the money necessary to carry on the work. To pay the interest and princi- pal of the bonds an assessment was made on the land, to be paid in instalments as taxes are paid, and these assessments were charged against the lots and tracts respectively, on the tax duplicate of the county, and collected by the county treas- urer and applied to the redemption of the bonds.

This brief outline of the statute gov- erning the construction of free turnpikes in Ohio will serve to help the reader to understand better what follows on the subject.

THE GREENSBURG MACADAMIZED ROAD.

Ever since about 183 1 settlers had been locating in the southwestern part of the county. Among the county roads laid out about that time was one from near James Moore's mill, in Ballville township, thence due west on section lines, to near the northwest corner of section ten in Jackson township, where the road angled southward through sections, until it inter- sected the south line of section eight in the same township, a little west of the southeast corner of the section, and where the village of Millersville now stands. From there the line ran due west through Greensburg on section lines, to the west line of the county, a distance of about fourteen miles and a half from the start- ing point. To describe the difficulties of travelling and the still greater difficulties of hauling heavy loads over this road, is needless to those who have had experience with roads in new, level, timbered coun- tries. True, the inhabitants had done much in mending and draining the road from time to time, but with all they could do, more than half the way for about half the year was mud, or if a dry surface was

found it was hard travelling over the rough surface, cut into deep ruts.

. On the 6th of March, 1867, Martin Wright and one hundred and twenty-eight others, owners of land along this road, filed their petition with the county commis- sioners, asking them to take the necessary proceedings to macadamize this road. The county commissioners at the time were Benjamin Inman, Samuel E. Wat- ters, and Henry Reiling. A bond to pay all expenses of view, survey, etc., in case the report should be against the request of the petitioners, was filed by Martin Wright and Lewis K. Wright, of Scott town- ship. On filing the bond the commis- sioners appointed William E. Haynes, Charles G. Green, and Hiram Haff, view- ers, and Beman Amsden surveyor. These men performed their respective duties, and on the fourth of June, 1867, reported that in their opinion the prayer of the peti- tioners ought to be granted. They also viewed the land to be benefited by the road, and recommended that the road be graded twenty-two feet wide on top, and that twelve feet in width of the twenty- two, be covered with stone to the thick- ness of one foot. The viewers' and engi- neer's estimate of the cost of the road, was for grading, one thousand nine hun- dred and thirty-six dollars, and for macad- amizing, twenty-three thousand four hun- dred and sixty-three dollars and fifty cents ; making a total estimated cost of twenty-five thousand three hundred and ninety-nine dollars and fifty cents. The last paragraph of this report is as follows:

We cannot conclude without commending to your favorable consideration the prayers of the petitioners, who are intelligent, prudent men, many of them large land owners and tax payers, and we respectful- ly, but earnestly recommend that you order the im- provement, as provided by law.

WILLIAM E. HAYNES, C. G. GREENE, HIRAM HAFF. B. AMSDEN. Engineer.

Viewers.

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HISTORY OF SANDUSKY COUNTY.

There was no remonstrance against the proposed improvement, and no claim for damages by reason of it, as is shown by the commissioners record. The work was promptly begun, bonds for the payment of the costs of construction were issued, and taxes, or rather assessments, levied upon the land to be benefited to meet the pay- · ment of the bonds, and Commissioner Inman gave his special attention and much time to directing and superintend- ing the work. There was, as a matter of course, some contention among the land owners, in the apportionment of the bur- den of. assessment each tract should bear. Such contention is almost inseparable from the prosecution of every improve- ment in town, city or country where there is to be an apportionment of the expenses of the work. But these wranglings have an end, which usually terminates in the dissatisfaction of part of those who have to pay out their money, for a perfectly satisfactory adjustment of such burden is seldom, if ever, arrived at. So blinding is the effect of selfishness on the percep- tions of men that it is doubtful whether in such a case all would be satisfied if the most perfect equity could be made to op- erate on such an apportionment. Mr. Inman being a resident of Scott township, a land owner to be benefited, as well as one of the county commissioners, and as such, exercising a kind of special super- vision over the work, received the chief animadversions of the dissatisfied. But Benjamin Inman was an honest man and bore the unfavorable comments of some of his esteemed neighbors with patience and silence, though with pain and regret, until shame silenced the dissatisfied ones, and time vindicated and made clear his hon- esty of purpose, as well as sound judg- ment concerning the work.

The road was finished during the year 1870, at a total cost of forty thousand

three hundred and twenty-one dollars and ninety-one cents, being fourteen thousand nine hundred and twenty-two dollars and forty-one cents more than the estimated cost as returned by the viewers and en- gineer; the actual cost per mile being a fraction less than two thousand eight hundred dollars.

WILLIAM E. LAY ROAD MACADAMIZED.

On the 4th day of December, 1867, William E. Lay and forty others, constitut- ing a majority of the owners of land to be affected, petitioned the commissioners of the county for the macadamizing or gravelling of the county road, on the fol- lowing routes: Beginning at the Lake Shore railroad, in Clyde, thence south on the east line of section 23, 26, and 35. in Green Creek township, to the county line between Sandusky and Seneca counties. Bond was given by C. G. Eaton, J. M. Lemmon, and William W. Wales.

The county commissioners, namely, Benjamin Inman, David Fuller, and Henry Reiling, at their December session, 1867, appointed Andrew Smith, Hiram Haff, and John Orwig viewers, and Jeremiah Evans, surveyor. These viewers and the surveyor met according to notice, at the store of Darwin E. Harkness, in the vil- lage of Clyde, on the 15th day of January, 1868. They reported on the 3d day of March, 1868, that no claim for damage had been made, and recommended that the improvements be made as prayed for, by macadamizing or gravelling the same; that the road be opened sixty feet wide, top of roadway to be eighteen feet wide and covered with broken stone or gravel. The viewers and surveyor reported their estimate of the cost of the work to be as follows: For grading, eight hundred dol- lars; for gravelling, three thousand six hundred dollars; making a total of esti- mated cost of four thousand four hun-

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HISTORY OF SANDUSKY COUNTY.

dred dollars. The length of the road was three miles and a-half.

The road was constructed according to the recommendation of the viewers and engineer, and finished about the beginning of 1870, at a total cost of ten thousand seven hundred and thirty-seven dollars and sixteen cents, or at the rate of two thousand nine hundred and sixty-seven dollars per mile.

This William E. Lay road improvement was made under regulations and proceed- ings like those by which the Greensburg improvement was made, and a repetition of them would be superfluous.

THE FREMONT AND SOUTH CREEK MACAD-

AMIZED ROAD.

On the petition of Charles H. Bell and others for the macadamizing of that part of the State road which lies between the east line of the city of Fremont and Bark Creek, and on filing the proper bond signed by C. H. Bell and J. H. McArdle, on the 9th of December, 1868, the county commissioners, namely: Benjamin Inman, Henry Reiling, and David Fuller, ap- pointed Platt Brush, A. B. Putman, and Jonas Smith, viewers, and Jeremiah Evans, surveyor. These were ordered to meet at A. B. Putman's office, in Fremont, on the 18th of February, 1869, which they did, proceeded to the discharge of their duties, and ruported to the commissioners on the 6th day of March following. Their re- port was in favor of making the improve- ment, and they reported also that they estimated the cost of the work at nine thousand eight hundred and fifty-two dol- lars and eighty cents. Like proceedings were had as in the cases of the other im- provements, and the macadamizing of this road was completed to South Creek about 1872, at a total cost of fourteen thousand eight hundred and twenty-six dollars and seventy cents, exceeding the statement by

four thousand nine hundred and seventy- three dollars and ninety cents.

The length of this improvement is three miles and a half, with stone macadamized track nine feet in width, at an actual cost of four thousand four hundred and thirteen dollars per mile, paid for by the land own- ers benefited.

THE FREMONT AND PORT CLINTON ROAD IMPROVEMENT.

The macadamizing of that part of the road leading from Fremont to Port Clin- ton which lies between the north boundary of the city of Fremont and the south line of Rice township, was petitioned for by Andrew Engler and others. On May 4, 1874, bond was given, and Oscar Ball, Christian Doncyson, and Barney Donahu were appointed viewers. Their report was favorable, and the work was executed at an actual cost of six thousand and eighty- nine dollars and thirty-five cents. The estimated cost of this improvement was not found on the record of the proceed- ings, and is therefore not given here, nor is it deemed very material. The proceed- ings in the matter of this improvement were like those of the others above men- tioned. The improvement is an important one, especially on that part of the road through the Whittaker reserve, where the road had been notoriously bad for a great many years.

The reader may notice that in these works the actual cost is far in excess of the amount estimated by the viewers, in every instance, this excess being nearly fifty per cent. above the estimate. This shows that estimates are as unreliable in these works as in the estimates for build- ing houses, or any other work men under- take. The experience of persons who have built a house or a barn will confirm the assertion that the only safe way to pro- ceed is to add about fifty per cent. to the

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History of Sandusky County, Ohio : with portraits and biographies of prominent citizens and pioneers, Part 26

Author: Everett, Homer, 1813-1887 Publication date: 1882 Publisher: Cleveland, Ohio : H.Z. Williams Number of Pages: 1040

Author: Everett, Homer, 1813-1887
Publication date: 1882
Publisher: Cleveland, Ohio : H.Z. Williams
Number of Pages: 1040