History of Summit County, with an outline sketch of Ohio, Part 41

Author: Perrin, William Henry, d. 1892?; Graham, A. A. (Albert Adams), 1848-
Publication date: 1881
Publisher: Chicago, Baskin & Battey
Number of Pages: 1104

USA > Ohio > Summit County > History of Summit County, with an outline sketch of Ohio > Part 41

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AN ACT TO ESTABLISH PERMANENTLY THE SEAT OF JUSTICE OF SUMMIT COUNTY:

SECTION 1. Be it enacted by the General Assembly of the State of' Ohio: That the qualified electors of Summit County shall be authorized to express their preference for either Akron, or Cuyahoga Falls, as the seat of justice for said county, by placing on their tickets, at the township elections, to be hekl on the first Monday of April next, the words: "Seat of Justice at Akron," or, "Seat of Justice at Cuya- hoga Falls," as their choice may be; and it shall be the duty of the Trustces or Judges of the Election. in the several townships in said county, to make re- turn of the said votes in regard to the seat of justice within three days thereafter to the Clerk of the

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HISTORY OF SUMMIT COUNTY.

Court of Common Pleas of said county, whose duty it shall be to canvass said votes, in the same man- ner that by law he is required to canvass votes for State and county officers.

Sec. 2. If either one of said towns shall receive a majority of all the votes given, the same shall be thenceforward the permanent seat of justice for said county of Summit; but if neither shall receive such majority, then, and in that case, the subject. shall remain open for the future action of the Gen- eral Assembly.

SEC. 3. It shall be the duty of said Clerk to return to the Court of Common Pleas of said county, next to be held after the said election, an abstract of said votes, duly certified, that the same may be entered upon the journal of said court.

Sec. 4. Nothing herein contained shall be so con- strued, as to release, or in any way discharge any subscription of land, money, or materials heretofore made, for the purpose of erecting a court house and jail at the place that may be selected by the people as the permanent seat of justice for said county.

SEC. 5. The electors of Summit County shall be notified of the passage of this act. by publication of the same in some newspaper printed in said county, at least two weeks previous to said election.

RUFUS P. SPALDING,

MARCH 2, 1842.

Speaker of the House of Representatives. JAMES J. FARAN. Speaker of the Senate.

On the passage of this bill. a lively election- cering campaign immediately commenced, the different parties in interest holding meetings, making speeches, circulating documents, etc .. in every portion of the county. the activity and bitterness of a modern political campaign be- ing moderation and mildness itself compared with it.

The result of the active measures thus taken, was a very full vote, almost two-thirds declar- ing in favor of Akron, as will be seen by the following abstract taken from the journal of the Court of Common Pleas. May term, 1842, as certified to by Lucian Swift, Esq .. Clerk of said court.

To the Honorable, the Court of Common Pleas of the County of Summit, next to be holden in and for suid county: I do hereby certify that the following is the abstract of votes given for the seat of justice of said county, at the election held on the first Mon- day of April, 1842, pursuant to an act of the Gen- eral Assembly entitled "an act to establish perma- nently the seat of Justice for Summit County," passed March 2, 1842, as the same were returned to me by the township authorities, respectively, and as the same were canvassed; as witness my hand and seal of office, this sixth day of April A. D. 1842. LUCIAN SWIFT, Clerk [Seal].

STATE OF OHIO, SUMMIT COUNTY, SS. :

We do hereby certify that at an election held on the 4th day of April, inst., in pursuance of a law

passed by the Fortieth General Assembly of the State of Ohio, entitled " An act to establish permanently the seat of justice of Summit County" there were two thousand, nine hundred and seventy-eight votes given for the "seat of justice at Akron;" one thousand, three hundred and eighty-four votes given for the "seat of justice at Cuyahoga Falls;" one hundred and one votes given for the "seat of jus- tice at Summit," two votes "North Akron" and twenty-two blanks.

H. H. JOHNSON, Justice of the Peuce. L. L. Howard, Justice of the Peace. LUCIAN SWIFT, Clerk of Court of Common Pleas for Summit County.

APRIL 6, A. D. 1842.

ABSTRACT OF VOTES.

Akron.

Cuyahoga

Falls.

Summit

City

North

Akron

Scattering.

Bath

191

Boston

Copley

271

Coventry

232

Franklin.

250

Green

989

Hudson

235

Northampton

132

-1

Northfield.

143

Norton.

295

Portage

621

Richfield.

153

Springfield.

3-18

Stow

361

Tallmadge

181

177

Twinsburg

199

Total.

2978

1384

101

For Akron.

2978

Total Opposition.

1509

Majority for Akron 1469

The "vexed question " of location being now definitely settled, the public buildings were again proceeded with ; though, building opera- tions not being conducted as rapidly then as now, they were not completed until late in the following year, as will be seen by the following extract from the proceedings of the County Commissioners, under date December 5, 1843 :

Dec. 5, 1843. Simon Perkins, Jr., Jedediah D. Commins and Richard Howe, the trustees for build- ing the court house and jail, and Ithiel Mills, the court house contractor, submitted the court house for inspection of the board for their acceptance.

Dec. 6. llaving examined the court house, the board proposed, as an offset to the general bad character of the work, which the building trustees

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HISTORY OF SUMMIT COUNTY.

fully admitted, to accept it, if the windows were made to work freely up and down, the doors better hung or fastened, and provided with more suitable latches and locks, and the windows in the Auditor's, Clerk's and Recorder's offices secured by iron blinds or shutters, made and fitted into them.

The contractor on the jail, Mr. Sebbens Sax- ton, having died in August, 1841, on the final settlement of the question of location the con- tract was assumed by his younger brother, Mr. Harvey Saxton, and the structure com- pleted by him. Though the jail was accepted by the Commissioners, and though, at the time, it was regarded as well built, and as really a model institution of its kind, it did not prove to be remarkably safe, as the very first batch of prisoners, some eight or nine in number, confined therein, made their escape the very first night, by pushing from the wall one of the blocks of stone of which it was composed. This defect was subsequently remedied by the insertion of iron dowels, and no escapes from that cause have since been made, though often attempted. The jail building remains the same as when constructed, with the exception of the small brick wing upon the north side, added some thirty years ago, and some slight interior improvements. Though the doweling of the walls has prevented the prisoners from pushing out the blocks of stone, as in the instance named, at least a score of escapes have since been effected through other weak spots, and, from the experience which the writer has had therewith, he unhesitatingly affirms that both in a sanitary point of view, as well as in the matter of safety and convenience, a new jail structure is an immediate and pressing public necessity.

The court house, however. has been very materially changed. The two wings, with the porch and sustaining columns in front, have been added upon the west end, and the smaller porch upon the east end, while the court-room and public offices have been correspondingly enlarged, the additions and improvements being authorized by a special act of the Legislature, passed March 29. 1867. The entire space upon the north side of the hall, upon the ground floor, is now occupied by the County Treasurer, greatly to the convenience of that officer, as well of the tax-paying public, the same space having originally been divided up into a grand jury room upon the west, the Sheriff's office upon the east, with the Treasurer's office in the

center, only one-third its present dimensions. On the south side of the hall the Probate Judge formerly occupied the room upon the east end, now occupied by the Sheriff, the en- tire space now occupied by the Auditor's and Commissioner's offices having been originally about equally divided between the Auditor, Clerk and Recorder. On the upper floor, a stairway, ante-room and jury-room, occupying about twelve feet of the east end of the build- ing, have been thrown into the court-room, greatly to the convenience of the court and bar and all persons having business therein. The upper floor of the north wing is devoted to a jury-room and a consultation-room, and the lower floor to the joint use of the Recorder and Surveyor, while the upper floor of the south wing is occupied by the County Clerk, and the lower floor by the Probate Judge. Notwith- standing these improvements, taking increase of population and a corresponding increase of the public business, the present structure-to say nothing of its yearly increasing condition of dilapidation-is wholly inadequate to the public requirements, and Summit County can- not do itself a more important service than by immediately inaugurating a movement for the erection of a new court house-one that will not only be commensurate with the public necessities, but a credit, also, to the proverbial good taste and public spirit of its people.

On the 5th day of March, 1851, Hosea Paul and others presented to the County Commis- sioners a numerously signed petition for the creation of the township of Cuyahoga Falls, and the board, being satisfied that the proper preliminary steps had been taken, unanimously granted the petition, the necessary territory, an average of about two miles square, being taken from the northeast corner of Portage, the northwest corner of Tallmadge, the southwest corner of Stow and the southeast corner of Northampton Townships, the incorporated vil- lage of Cuyahoga Falls also occupying a por- tion of said territory.

The township of Middlebury was also, in like manner, erected in March, 1857, the nec- essary territory being taken from Portage, Tallmadge, Springfield and Coventry. Subse- quently, the township of Middlebury became, by legal annexation, the Sixth Ward of the city of Akron, though still retaining a distinctive township organization, to the extent of electing

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HISTORY OF SUMMIT COUNTY.

for itself a Justice of the Peace and one Con- stable.

Under the old constitution of Ohio, the local judiciary consisted of a Circuit or President Judge, having jurisdiction over from four to twelve counties, with three Associate Judges for each county, all of whom were appointed by the Legislature, their respective terms of office being seven years. " if so long they behave well." All Probate business was at that time trans- acted by Common Pleas Courts, one or more of the Associate Judges officiating for that pur- pose, as occasion required, during vacation.

Summit County on its organization became a part of the Third Judicial Circuit. embracing. as reconstructed under the act of April 11, 1840, the counties of Ashtabula, Trumbull, Portage and Summit. Hon. Van R. Humphrey, of Hudson, was the Presiding Judge of the Circuit on the accession of Summit thereto. Hon. Eben Newton. of Canfield, then in Trum- bull County, now Mahoning, succeeded Judge Humphrey at the expiration of his term in 1844. Judge Newton resigned his position on the bench in the winter of 1846-47, and was succeeded by Hon. Benjamin F. Wade, of Jefferson, Ashta- bula County, who in turn resigned on being elected to the United States Senate March 15, 1851, Gov. Reuben Wood filling the vacancy by the appointment of Hon. George Bliss, of Akron, who held the position only until the taking effect of the new constitution in February, 1852, Common Pleas Judges thereafter being elected by the people, one Judge only sitting in place of the three or four under the old rule.

The first term of the Court of Common Pleas for the new county of Summit, convened in Akron on the 2d day of July, 1840. pre- sided over by Hon. Van R. Humphrey, with Hon. Robert K. Dubois, of Akron, Hon. Charles Sumner, of Middlebury. and Hon. Hugh R. Caldwell, of Franklin, as Associate Judges ; though considerable probate and other busi- ness, proper to be transacted in vacation, had previously been done by one or the other of the Associate Judges.

In 1845, Judges Sumner and Dubois de- ceased. the former June 19 and the latter Oc- tober 14. They were succeeded by lIon. John B. Clark, of Hudson, and Hon. James R. Ford, of Akron ; Hon. Sylvester H. Thompson, of Hud- son, in turn succeeding Judge Clark, on the res- ignation of the latter in 1846.

Judge Caldwell was succeeded by Hon. John Hoy, of Franklin, in April, 1847. Hon. Samuel A. Wheeler, of Akron, also succeeding Judge Ford on the death of the latter gentleman, at the April term in 1849.

Judge Wheeler resigning his position on leaving for California in the spring of 1850, Hon. Peter Voris, of Bath, was appointed his successor ; Judges Thompson, Hoy and Voris serving thenceforth until the taking effect of the new constitution in February, 1852. Though none of the Associate Judges named were bred lawyers, their duties, often delicate and intricate, were discharged to the general satisfaction of the people of the county during their respective terms of service.

On the taking effect of the new constitution. in 1852, Summit County was attached to the Second Subdivision of the Fourth Judicial Dis- triet of the State, this subdivision embracing Summit, Medina and Lorain Counties. Hon. Samuel Humphreville, of Medina, was elected Common Pleas Judge, in October, 1851, for five years, serving his full term. , Hon. James S. Carpenter, of Akron, was elected Judge in Oc- tober, 1856, also serving his full term of five years.

There appearing to be an excess of business npon the dockets of the several counties of the subdistrict, on petition of the members of the bar of said counties, an extra judgeship was created for said subdistrict, by an act passed by the Legislature in April, 185S. Hon. Will- iam H. Canfield, of Medina, was elected to said extra Judgeship in October, 1858, for five years. Legal business becoming largely dimin- ished, in the earlier years of the war, the extra judgeship was abolished, at the close of Judge Canfield's term, by an act of the Legislature, passed April 16, 1862. Hon. Stephenson Burke, of Elyria, was elected as Judge Carpen- ter's successor in October, 1861, and re-elected in 1866, but resigned the position and retired from the bench, about two years before the ex- piration of his second term. Hon. Washington W. Boynton, of Elyria, was appointed by Gov. Rutherford B. Hayes, in the spring of 1869, to fill the vacancy occasioned by the resignation of Judge Burke, and at the expiration of the time for which he was appointed, in October, 1871, was elected for five years, from May, 1872, serving, besides the fraction of Judge Burke's term, a single full term only, because

237

HISTORY OF SUMMIT COUNTY.

of his election to the Supreme Bench of Ohio, in October. 1876.

After the close of the war, legal business again began to accumulate. and, at length, be- came altogether too great for a single Judge to properly perform. An extra judgeship, for the Second Subdivision. was accordingly created by act of the Legislature, in the spring of 1870. Hon. Samuel W. MeClure, of Akron, was elected to this new Judgeship. in October, 1870, serving to the end of his term, and declining to be a can- didate for a second term. Hon. Newell D. Tib- bals, of Akron, as Judge MeClure's successor, was elected in October, 1875, for five years, from May, 1876. and re-elected for a second term in October, 1880. Hon. John C. Hale, of Elyria, as Judge Boynton's successor, on the latter's accession to the Supreme Bench, was elected in October, 1876, taking his seat upon the bench in May. 1877, for the term of five years.

It is, perhaps, proper to remark that, while the present judicial system of Ohio has been, generally, and particularly, a very great im- provement over the old system, though still very far from perfect, the manner in which its functions have been performed by the several successive Judges of the Second Subdivision of the Fourth Judicial District, will take and hold a commanding rank in the judicial pro- ceedings of Ohio, or any sister State.

As heretofore mentioned, up to the adoption of the new constitution, in 1851, the probate business of the State had been done by the Common Pleas Courts. Charles G. Ladd, of Akron, was elected Probate Judge of Summit County, in October 1851, for the term of three years. Judge Ladd's health failing soon after his election to the office, Alvin C. Voris, Esq., was appointed as his Deputy Clerk, and, for the most part. performed the functions of the office until the death of Judge Ladd, in August, 1852. Roland O. Hammond, of Akron, was appointed by Gov. Reuben Wood, to fill the vacancy oc- casioned by the death of Judge Ladd, to serve until the next annual election, and until his successor was elected and qualified. Constant Bryan, of Akron, was elected in October, 1832, for the balance of Judge Ladd's term, two years. Noah M. Humphrey, of Richfield, was elected in 1854, and re-elected in 1857. holding the po- sition two full terms, of three years each. Will- iam M. Dodge, of Akron. was elected in October, 1860, for three years, but died in July, 1861.

Samuel A. Lane, of Akron, without solicita- tion on the part of either himself or his friends, was, on the 24th day of July, 1861, appointed and commissioned as Judge Dodge's successor, by Gov. William Dennison, but declined to ac- cept the honor. Asahel H. Lewis, of Akron, on petition of himself and friends, was then ap- pointed to fill the vacancy until the next gen- eral election. Stephen H. Pitkin, of Hudson, was elected in October, 1861, for the balance of Judge Dodge's term, two years ; re-elected in 1863. and again in 1866, holding the office eight years. Ulysses L. Marvin, of Akron. elected in October, 1869. and re-elected in 1872, serving two full terms of three years each. Samuel C. Williamson, of Akron. elected in October, 1875, and re-elected in 1878.

On the first organization of the Court of Common Pleas, under the old constitution. in 1840, at a special term, held April 9, Rufus P. Spalding, Esq., was appointed Clerk pro tem., and was re-appointed at the first regular ses- sion of said court, July 2, 1840 ; Clerks at that time being appointed by the Judges of the courts in which they were to serve, instead of being elected by the people, as now. Mr. Spalding held the office, his brother-in-law, Mr. Lucian Swift. acting as his deputy, until De- cember 14, 1840, when, tendering his resigna- tion as Clerk pro tem., Mr. Swift was appointed Clerk for the term of seven years, resigning his office ten days before the expiration of his term. on the 3d day of December. 1847. Lu- cius S. Peck, of Akron, appointed to fill the vacancy occasioned by the resignation of Mr. Swift. December 3, 1847, and also for the full term of seven years. The adoption of the new constitution in 1851 brought Mr. Peck's term of office to a close after a service of about four years. Nelson B. Stone, of Akron, was elected first Clerk under the new Constitution, in Oc- tober, 1851, for three years, serving one term only. Edwin P. Green. of Akron. elected in October, 1854, and re-elected in 1857, serving two full terms. John A. Means, of Northfield, was elected in October. 1860, for three years. In 1861, Clerk Means entered the army, the duties of the office being performed by his son, Mr. Nathan A. Means, during the re- mainder of the term. Charles Rinehart, of Franklin, elected in October, 1863, and re- elected in 1866. serving two full terms of three years each. Capt. John A. Means was again

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HISTORY OF SUMMIT COUNTY.

elected in October, 1864, serving a single term only. George W. Weeks, of Copley, was elected in October, 1872, and re-elected in 1875, serv- ing two full terms. Sumner Nash, of Akron, elected in October, 1878, for three years from February, 1879.

William M. Dodge, of Akron, was elected Prosecuting Attorney at the first election for county officers held in the new county, in April, 1840, and re-elected in October of the same year for two years. George Kirkum, of Akron, was elected in October, 1842, serving a single term of two years only. William S. C. Otis, of Akron, was elected in October, 1844, also serving but one term. Samuel W. Mc- Clure, of Cuyahoga Falls, was elected in Octo- ber, 1846, serving but a single term. William H. Upson, of Akron, was elected in October, 1848, holding the position but two years. Harvey Wheedon, of Hudson, was elected in October, 1850, also retiring at the end of two years. Sidney Edgerton, of Akron, was elected in October, 1852, and re-elected in 1854, holding the office four years. Henry Mckinney, of Cuyahoga Falls, was elected in October, 1856, and re-elected in 1858. N. D. Tibbals, of Akron, was elected in October, 1860, and re- elected in 1862. Mr. Tibbals going into the 100-days service in 1864, E. P. Green was ap- pointed. and served as Prosecuting Attorney

ad interim. Edward Oviatt, of Akron, was elected in October, 1864, and re-elected in 1866. Jacob A. Kohler, of Akron, was elected in Oc- tober, 1868, and re-elected in 1870. Henry C. Sanford, of Akron, was elected in October, 1872, retaining the office but a single term. James M. Poulson, of Akron, was elected in October, 1874, holding the position but a single term. Edward W. Stuart, of Akron, was elected in October, 1876, and re-elected in 1878, serv- ing two full terms. Charles Baird, of Akron, was elected in October, 1880.

Thomas Wilson, of Northfield, was elected Sheriff in April, 1840, to serve until the next annual election ; was re-elected in October, 1840, and again in 1842, serving, in all, four years and seven months, notwithstanding the constitutional provision that no Sheriff shall serve more than four years, in any consecutive six years-a provision for which no reason can be assigned that would not equally apply to any other county or State official. Lewis M. Janes, of Boston, elected in October, 1844 : re-elected

in 1846. William L. Clarke, of Middlebury, elected in October, 1848; re-elected in 1850. Dudley Seward, of Tallmadge, elected in Octo- ber, 1852 ; re-elected in 1854. Samuel A. Lane, of Akron, elected in October, 1856, and re-elected in 1858. During his first term, the law was changed so as to give Sheriff's elect possession of their offices on the first Monday of January instead of the first Monday of November, after their election, so that the con- stitution was again " fractured" by this incum- bent holding the office four years and two months, though supposed to have been mended by his filing a new bond for the extra two months. Jacob Chisnell, of Green, elected in October, 1860 ; re-elected in 1862. James Burlison, of Middlebury, elected in October, 1864 ; re-elected in 1866. Augustus Curtiss, of Portage, elected in October, 1868, and re-elected in 1870. Levi J. MeMurray, of Franklin, elected in Oc- tober, 1872 ; and re-elected in 1874. Samuel A. Lane, after an interregnum of sixteen years, then sixty-one years of age, was again elected Sheriff in October, 1876, and re-elected in 1878, holding the position, in all, eight years, a dis- tinction accorded to no other incumbent of the office in the history of the county. William Mckinney, of Twinsburg, elected in October, 1880.

Birdsey Booth, of Cuyahoga Falls, was elected County Auditor in April, 1840, to serve until the next annual election, and re-elected in October, 1840, for the term of two years. The- ron A. Noble, of Middlebury, elected in Octo- ber, 1842; re-elected in 1844 and again in 1846, serving in all six years. Nathaniel W. Goodhne, of Middlebury, elected in October, 1848; re-elected in 1850. Henry Newberry, of Cuyahoga Falls, elected in October, 1852, serv- ing but a single term. Charles B. Bernard, of Akron, elected in October, 1854; re-elected in 1856. George W. Crouse, of Akron, elected in October, 1858, and re-elected in 1860. Treasur- er, Sullivan S. Wilson, having resigned his office, the County Commissioners appointed Mr. Cronse to fill the vacancy, to serve from the 16th of Feb- ruary, 1863, till the first Monday of the follow- ing September, Mr. Crouse resigning his position as Auditor on his accession to the treasurership. Sanford M. Burnham, of Akron, elected in October, 1862. Two weeks before the time fixed by law for taking possession, Mr. Burn- ham was appointed by the County Commis-

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HISTORY OF SUMMIT COUNTY.

sioners to fill the vacancy occasioned by the resignation of Auditor Crouse to take the treasurership. Mr. Burnham was successively re-elected in 1864, 1866 and 1868. By act of the Legislature, passed April 18, 1870, the time for taking possession of the office was changed from the first of March to the second Monday of November, the then incumbents holding over until that time. Before the expiration of his term, as thus extended, Mr. Burnham was chosen to represent the people of Summit County in the State Legislature, and resigned his position as Auditor October 9, 1871, hav- ing served in all nearly eight years and eight months. Hosea Paul, of Cuyahoga Falls, was appointed by the Commissioners to fill the va- cancy occasioned by the resignation of Auditor Burnham, from October 9 until the second Tuesday in November, 1871; Mr. Burnhamn, however, continuing to perform the duties of the office as Mr. Paul's clerk, until the close of the term. Edward Buckingham, of Middle- bury, was elected in October, 1871, and suc- cessively re-elected in 1873. 1875 and 1877, the last time for three years, an act changing the term of service from two to three years, having been passed March 28, 1877, being in continuous service nine years ; Aaron Wag- oner, of Akron, elected in October, 1880.

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History of Summit County, with an outline sketch of Ohio, Part 41

Author: Perrin, William Henry, d. 1892?; Graham, A. A. (Albert Adams), 1848- Publication date: 1881 Publisher: Chicago, Baskin & Battey Number of Pages: 1104

Author: Perrin, William Henry, d. 1892?; Graham, A. A. (Albert Adams), 1848-
Publication date: 1881
Publisher: Chicago, Baskin & Battey
Number of Pages: 1104