USA > Pennsylvania > Erie County > A twentieth century history of Erie County, Pennsylvania : a narrative account of its historic progress, its people, and its principal interests, Volume I > Part 31
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96
"Resolved, That the city councils will give all the aid in their power to the Erie & North East Railroad Company in procuring ground in the canal basin for depots, etc., in case they will run their road to the dock."
It was a generous proposition, to be sure, though there was noth- ing positive promised. It showed at least that there was a disposi- tion on the part of the representatives of the people, and, after the liberality manifested when the use of State street was freely voted, such a resolution ought to have carried much weight. It is not at all certain that it did. From what subsequently developed it ap- pears as though the representatives of the railroad had been tempor-
270
HISTORY OF ERIE COUNTY
izing. This would appear from what occurred at the meeting of June 15, 1853.
It was an adjourned meeting of councils. Messrs. C. M. Reed, J. H. Walker and Smith Jackson were present. Mayor King stated that the purpose of the meeting was to confer with relation to the subject of extending the Erie & North East Railroad to the dock. Mr. Reed said he wished the railroad to be connected with the harbor and that it was also the wish of the board of directors, and it was desirable to know what facilities the city was able and willing to extend to the company. The upshot was that a committee, consisting of Messrs. Durlin, Sterrett, Smyth, Barr, Henry and Hearn were ap- pointed to "confer further" with the directors of the road.
What the result of the conference was does not appear. So far as can be ascertained from the records of the councils there was no conference, for there was no report. For a month there was silence on the subject of the railroad contention in the halls of councils. At length a bomb was exploded among the city legislators. It was at a meeting held on July 18, that it was stated to the councils that meas- ures were now being taken to effect the change of gauge on the Erie & North East Railroad, and there would be a meeting of directors in- terested on the following day at Buffalo for the purpose of com- pleting negotiations to that end. On motion the mayor was directed to call a public meeting at 9 o'clock a. m., to take the subject into consideration and devise measures if possible to prevent the accom- plishment of the design.
This was what marked the beginning of the conflagration. It was the first of the great mass meetings that set the populace in a flame of excitement. They practically slept upon their guns. From that time forward there was no hour, day or night, when the first tap of the court house bell would not be responded to by a vast con- course of people. Nor were the speakers lacking. There were plenty ready to harangue the people and too many of them were neither judicious in the choice of their language nor fair in their criticisms. The mischief-the wickedness-of the whole proceeding, consisted not so much in the noisy advocacy of the claims of Erie and the boisterous arguments in favor of justice, as the personal attacks and the fierce invective employed. Men who had long before been friends became bitter enemies, and the enmity extended to the families. As time passed the bitterness and the heat of the attacks increased, for neither party manifested any disposition to retreat.
The public meeting was a stirring one of its kind, and if councils were desirous of feeling the public pulse they must have been satis- fied that they had done so, and read the symptoms aright, for that evening the following ordinance was unanimously adopted and became known thenceforward as the ordinance of July 19, 1853. It was
271
HISTORY OF ERIE COUNTY
the motive power for all the violent proceedings against the rail- roads that were subsequently taken. Here it is :
"Whereas by their act of incorporation the councils of the city of Erie are empowered and required to ordain and enact all such by- laws, rules and regulations as shall be deemed expedient to promote the good order and benefit of the city thereof ; to regulate and improve and keep in order the streets and remove therefrom all obstructions ; and, whereas, two railroads, the Erie & North East, and the Frank- lin Canal Company's railroad, of diverse gauges or width of tracks, enter into and meet in said city, the gauge of track of the former being six feet, and of the latter four feet ten inches; and whereas, the good order and benefit of said citizens and the proper regulation of said streets require that there should be no change in said re- spective gauges, except as hereinafter provided ; therefore,
"Be it ordained and enacted, etc .: That the said Erie & North East Railroad Company is hereby prohibited from putting down or using any other gauge or width of track, or using any cars or loco- motive engine of any other width or gauge of wheels than six feet ; and the said Franklin Canal Company is hereby prohibited from put- ting down or using any other width or gauge of track, or using any car or locomotive engine of any other width or gauge of wheels than four feet ten inches, in said city, under the penalty of $500 for every such offense, and under an additional pen- alty of $500 per day for each day that any track put down or used in violation of this ordinance shall be suffered to remain, or cars or locomotives used after prosecution for the first or any subsequent offense : Provided, the Erie & North East Railroad Company may, if they deem it expedient so to do, put down and use in said city a track of the gange or width of four feet 82 inches with cars and loco- motives to exactly correspond, anything herein contained to the con- trary notwithstanding.
"2. In case any railroad track shall be put down on or across any of the streets of this city in violation of the provisions of this ordinance, the high constable is hereby authorized and required to cause the same to be forthwith removed off of such street or streets; and he is hereby authorized and required to employ a sufficient force for that purpose.
"3. Each and every resident of this city is hereby on request by the high constable, required under the penalty of $5 for every neglect or refusal, to aid him in the discharge of his duties hereinbefore en- joined upon him; and all persons are hereby prohibited under the penalty of $100 for every offense from resisting or obstructing the high constable or any person called to his aid in discharge of the duties above enjoined.
"4. Nothing herein contained shall confer, or be construed as conferring, any right to construct or maintain in said city upon or across any of the streets thereof any railroad track for the construc- tion and maintenance of which a legal authority does not exist in- dependent of this ordinance."
Vol. I-18
212
HISTORY OF ERIE COUNTY
Fortified behind a councilmanic act that abrogated all the civic rights the railroads had possessed, the people seemed to have for a time recovered from the fever that had possessed them. The interest had not waned : the excitement only had subsided, and that was due to the fact that there was nothing doing by the railroad people toward carrying forward their purpose of changing the gauge. Of course, there was nothing doing either toward building termini at Erie har- bor. But then, by this time everyone well knew what the upshot would be; that is to say, all knew that the railroads would never be satisfied with anything short of a change that would effect a uni- formity of gauge, while the people of Erie were determined to pre- vent it. But in the meantime there was a lull in proceedings.
All the while, however, the citizens kept viligant watch upon the railroads. Every movement was noted, and every sign of activity re- ported. The people were on the qui vive, sleeping with open ears ready to be awakened with the first stroke of the bell and to rendezvous at the park. Now and then action was given to the drama by one or another who delighted to play the role of leading heavy. The favorite hyperbole of one of the principal speakers was "a 'helmit' by the wayside," which he declared was what the railroad people pro- posed to convert Erie into, and the people, sympathetic in the extrenie. shuddered at the thought of that lone "helmit" -- or even hamlet, as some interpreted the orator.
This period of comparative quiet no doubt induced a number of the leading citizens to attempt a sort of forlorn hope. Whether they had any reason to expect that what they proposed could ever be carried out does not appear, but as a proposition it certainly was possessed of no small degree of merit.
On the evening of November 14, a committee consisting of C. M. Reed, John H. Walker and Smith Jackson from the Erie & North East Railroad Company, and M. Courtright, C. M. Tibbals and G. J. Ball were in attendance on a meeting of council and presented a memorial over their signatures for the consideration of the council, setting forth certain propositions having in view the adjustment of the difficulties existing in this city in connection with railroads. The propositions embodied in the memorial were :
First-That there shall be a railroad of uniform gauge from the harbor of Erie to the city of New York. Second-That it is equally desirable and important to the trade and commerce of Erie that we should be in connection by railroad of uniform gauge with Pittsburg in Pennsylvania and Cincinnati and Columbus in Ohio. In view of the accomplishment of these objects it was proposed that the Frank- lin Canal Company should extend their road southwardly from Girard or Springfield to the coal fields in Mercer county, and that the Buffalo & State Line Railroad Company, or stockholders thereof, shall make
273
HISTORY OF ERIE COUNTY
or cause to be made a reliable subscription thereto of $100,000, or at their option to the Pittsburg & Erie Railroad, the Cleveland, Paines- ville & Ashtabula Railroad Company to take or cause to be taken $50,000 of the Erie City Railroad, the Franklin Canal Company to be at equal expense with the Erie City Railroad Company in purchasing the right of way and constructing the Erie City Railroad to the harbor of Erie from the present line of railroad, engine houses, repair shops, etc., to be built at Erie in due time.
"The acceptance of the propositions made by the Buffalo & State Line Railroad and the Cleveland, Painesville & Ashtabula Railroad involves the necessity of a change of the gauge of the Erie & North East Railroad."
Memorialists urged that the building of the Erie City Railroad depended upon the acceptance of the proposed compromise.
Various other considerations were also presented in the memorial in justification of the acceptance of the propositions. After hearing at length the remarks of the committee on the subject matter of the memorial, on motion further action was postponed and a resolution to meet the next evening at ? o'clock passed both councils.
It seemed like a peace offering. It was the gage of battle. At that moment the eruption broke forth, first with the awful rumblings of earthquake, and finally with destruction in its train. The memorial had been presented and considered. It was to be further considered at a meeting one day in the future. But what a contrast that meeting and its proceedings afforded to what might have been expected from the character of the memorial and the manner of its disposal by the councils !
The meeting was held, pursuant to adjournment, on the evening of November 15. The record at the city hall says :
"Mr. Sterrett was appointed mayor pro tem and Mr. Durlin clerk pro tem, when the following resolutions, adopted by the Com- mon Council, were concurred in by the Select :
"Resolved, etc., that the ordinance passed July 19, 1853, shall be strictly enforced and the mayor is hereby directed to use all due dili- gence to see that no infraction of the same be permitted.
"Resolved, That the mayor is hereby authorized and directed to appoint 150 special police officers to aid and assist him in executing the said ordinance.
"Resolved, That the mayor forthwith issue his proclamation calling on the citizens of Erie, both civil and military, to hold them- selves in readiness at a moment's warning to assist in maintaining the ordinances and peace of the city."
It will strike most people that this is a most remarkable "further consideration" of a proposition so beneficient as that submitted by Messrs Reed, Walker and Courtright and others. But it must not be
214
HISTORY OF ERIE COUNTY
overlooked that the people were keeping posted with regard to the movements of the railroad companies, and the fact that all hands "got busy" at once, and that from that moment forward there was something doing all the time, serves to show that the members of council knew exactly where they "were at." Events occurred thick and fast. Within a week the mayor had complied with the order of the councils and issued his proclamation. It was characteristic of Mr. King. Here it is :
To MY FELLOW CITIZENS,
The Military and Our Friends from the Country, Who Have Volun- teered Aid.
Believing it my duty to take the best Legal Advice as to the legality of the Ordinance of July. I submitted the question to three legal gentlemen of unquestioned ability, who have furnished me with the following opinion. This opinion I have caused to be printed and laid before you, that you may see that the City Authorities are acting cautiously and advisedly in the matter.
This opinion fully sustaining the Ordinance, I shall see that it is enforced if occasion requires. This can be done by the regular city officers, if not resisted, and I hope there will be no resistance, but we must be ready to enforce the Law if there should be resistance.
I therefore caution and beseech our citizens generally not to in- terfere, or to do any act calculated to bring about collision or to disturb the peace.
My object is to see the Law executed and peace and order main- tained. If I need aid I shall not fail to call on you.
Thanking you a thousand times for your readiness and proffered aid in maintaining the honor and rights of the city. I subscribe my- self, Your Obedient Servant,
A. KING, Mayor.
Erie, Nov. 21, 1853.
(Then followed an extended legal opinion, regarding the ordi- nance of July 19, 1853. signed by Elijah Babbitt, James C. Marshall and Matthew Taylor. The opinion sustained the ordinance.)
Thereupon this resolution was adopted: "That the promptitude, energy and efficiency manifested by our mayor in executing the instruc- tions of the councils in reference to the contemplated change of gange of the Erie & North East Railroad receive their entire approval and com- mendation."
Matters were swiftly coming to a head. The unrest in the city per- meated every interest. The principal business of the time was that which pertained to the issue between the city and the railroads and every new phase of the situation brought about a meeting of the councils. Laws were enacted with a facility that is astonishing. viewed at this distant day. Everyone was in a fever of excitement, and the members of coun- cils worked overtime to keep pace with the speed with which matters progressed. There was a special meeting called for Saturday afternoon,
275
HISTORY OF ERIE COUNTY
November 26, and though the call was of the briefest kind, all the mem- bers were in their places.
It was stated to the councils that the track of the Erie & North East Railroad was probably about to be taken up and changed to the 4 foot 10 inch gauge; that the ties had been spotted through the whole distance and preparations completed, and the presumption and reported declara- tion of some of the directors was that the change was to be effected be- fore the next morning.
Several resolutions were offered and discussed with a view to pre- vent the anticipated action of the railroad companies. After a spirited debate of some length the following was adopted:
"Resolved, That the chief of police be instructed to give notice to the captain of artillery to detail a sufficient number of men to hold them- selves in readiness to fire the signal gun at a moment's warning, and also that the said chief of police be directed to order a sufficient number of men to watch the track from Erie to North East and give notice im- mediately whenever any change of track is made or attempted."
By the time the resolution had been adopted it was past the hour for the ordinary evening meal, so there was an adjournment until evening when business was resumed. It was a meeting of talk. It could not be called a stormy time for the talk was all one-sided. It ended in the adoption of the following :
"Resolved, That the mayor be instructed to call out the police force of the city to remove the bridges from the streets of the city, now used by the Erie & North East Railroad Company at any time he, the mayor, may deem necessary, in order to preserve the present railroad gauge, and to preserve the peace of the city, in accordance with the ordinance of July 19, 1853. Also any bridge or obstruction crossing any street used by the Western Railroad Company within the limits of the city."
Councils then met in Wright's block, corner of Fifth and State streets, now the Harlan building. Outside there was a vast throng, filling the streets and the hollow roar of the people massed about the building could be heard inside. The instant the resolution was adopted it was known outside and there went up a great shout. The people were ready on the instant to follow the mayor up the street to the railroad and set about the work of demolition.
But the time was not yet ripe. The occasion was not yet opportune, and notwithstanding the mutterings of the crowd, by the officials it was deemed expedient to put the will of the constituted authorities into a form more strictly legal. To that end the business was continued until the next Monday evening, when the following, known thereafter as the ordinance of November 28, was enacted :
276
HISTORY OF ERIE COUNTY
"Whereas the Franklin Canal Company and the Erie & North East Railroad Company have respectively caused to be placed upon, over, and across divers of the public streets of the city of Erie, certain iron rails for railroad tracks and certain bridges, embankments, ditches, timbers and other erections and constructions, all of which are without authority of law and obstruct the free use of said streets respectively as public high- ways, therefore:
"Be it ordained, etc., that the mayor of the said city of Erie be and he is hereby authorized and empowered to issue his order to the high constable of the same, directing him to remove from such streets or any of them all or any of such track or tracks, bridge or bridges, embank- ments, ditches, timbers, erections and constructions whatever or any part thereof, by whomsoever made or caused, and the high constable, on the receipt of such order, is hereby required forthwith to carry the same into effect and to employ a sufficient force for that purpose.
"2-Any person who shall in any manner obstruct the high con- stable in carrying such order into effect, or shall replace or aid in re- placing any such track, bridge, embankment, ditch, timber, or other erec- tion or construction, upon or over any of said streets, after the same shall have been removed as aforesaid, shall forfeit and pay to the use of the city a penalty of $90 for every such offense.
"3-That all privileges or grants of privilege (if any exist) to any railroad company to place or maintain any track, bridge, embankment, ditch, timber or other erection or construction upon, over or across any street in this city, are hereby annulled and revoked and the placing or maintaining of any such thereon forbidden."
This was the final act before the breaking of the storm, Thereafter speeches and enactments gave place to action. The railroad war was on.
It was on December 7, 1853, that the storm which had so long been threatening broke, and from talk the people resorted to action. It was a memorable occasion, and yet at this day there are none to be found who can give with particularity the proceedings of that occasion. The crowd of people who marched to the railroad crossing of State street has been frequently denominated a mob, moving without order or system, but led by the mayor on horseback. Some who live today, even among those who supported the citizens as against the railroad authorities-the Rippers, as they came to be known-have no knowledge of a well-planned organization. Col. J. Ross Thompson, whose father was an attorney representing the opposition to the railroads, and who has a very clear recollection of the matter, declares that so far as he could see and to the extent of his knowledge there was no system or order in the demonstration. Mayor King rode at the head on a large bow-backed horse, and was followed by a vast throng that extended from the park to Eighth street, that was steadily increasing in numbers. The colonel joined in the throng, as everybody in town did, and with them, tramped up through the muddy street to the railroad. There was no music; so far as he could see there
277
HISTORY OF ERIE COUNTY
were none armed, and he saw nothing of tools. It was as though all were animated by a desire to see what was to be done. There was no denying the fact that there was common sympathy, and that all in that crowd favored the city's side in the controversy. It was very much like any other notable event in which the populace turned out to see the sights.
It is a rather different story that the late George Burton related, so far as particulars are concerned, and yet he had no knowledge of the preliminary organization. It will be remembered that the city councils authorized the qualifying of a force of 150 special police constables. This was what the mayor did, according to Mr. Burton. It was a sworn posse that the mayor headed. How they were distinguishable does not appear, nor when they were mustered, nor where. So far as can be learned there had been no public meeting that day. But, as Mr. Burton recollected it, there was organization, and it was this force of special constables, headed by Mayor King, that led the procession. They had prepared for work, and they were proceeding in strict conformity to law.
In those days the general aspect of the ground about the railroad was vastly different from what it is at present. The railroad passed over a long bridge or trestle that extended from French street almost to the Turnpike, crossing the valley of Mill creek. The creek itself flowed over a part of what was State street, according to the surveys, the road- way being close to the bed of the stream. The trestle was constructed of wooden timbers quite similar to present day erections of its character.
Arrived on the ground, according to Mr. Burton's account of the transaction, the city engineer, by direction of the mayor made an ac- curate survey, marking carefully upon the bridge the street lines. Then members of the posse, with saws cut straight down through the timbers. The first rail displaced was pulled up by Robert T. Sterrett, a stockholder in the Erie & North East Railroad. The work begun, the demolition of that portion of the bridge that crossed State street was quickly accom- plished. At no time did the constables go beyond the street lines. Mr. Burton stated. They kept strictly within the law. As soon as the State street bridge was torn down the force of constables proceeded to French street, where precisely the same rules were observed, and that too, was destroyed.
After all, it was not quite so dignified a proceeding as the telling of the story thus far would seem to indicate. There may not have been any weapons carried by the crowd. But though weapons were lacking missiles were not, and these were of a decidedly miscellaneous character. Some people in the crowd had provided a plentiful supply of rotten eggs, in anticipation of their coming in handy. And they did, Of course, the railroad officials had no thought of seeing their property destroyed without at least protesting. They did protest. Mr. Ira WV. Hart, a leader among the railroad people, proceeded out upon the trestle and ordered
218
HISTORY OF ERIE COUNTY
the men at work on the demolition of the bridge to desist. Mr. J. F. Tracy, another railroad official, also appeared on the scene. It was the cue for the carriers of spoiled eggs. At once from a hundred dif- ferent directions there was a rain of rotten eggs. Some who were not fortunate enough to be provided with these sulphuretted hydrogen grenades, resorted to solid shot. Stones were hurled, and in the storm of missles the railroad people were compelled to beat a hasty and ignomin- ious retreat, while the populace, jeering and shouting, kept up the bom- bardment as long as any of the enemy were in view. Even the most zealous of the supporters of the citizens' cause will hardly attribute this demonstration to the force of constabulary who were at work enforcing the law. To the populace it was a hilarious incident, and it is probably fortunate that no serious damage was done.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.