USA > Pennsylvania > Fayette County > Connellsville > Centennial history of the borough of Connellsville, Pennsylvania, 1806-1906 > Part 5
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"At a meeting of the inhabitants of Connellsville pursuant to notice, held at the House of John Barnhart on the first day of January, 1806, it was agreed that the lines to include the contem- plated corporation shall begin at the mouth of the Run, where it empties into Joseph Page's saw mill race, and the further bounds of the Corporation to be run under the direction of the following seven persons : Anthony Banning, Samuel Trevor, John Barnhart, George Mathiot, David Barnes, James Blackstone and Daniel Rogers."
"It is further agreed that the five following persons shall be a Committee to draft a petition to the Assembly, and the Bill for the Incorporation of the Borough to be submitted to the Inhabitants at a meeting to be held at this House, on Tuesday evening next, viz; Samuel Trevor, Daniel Rogers, Doct. James Francis, Isaac Meason, Jun., Esqr. and Isaac Mears.
Witness our hands"
JESSE TAYLOR, JOSEPH PAGE, Sen'r.,
MICHAEL BRYON, DAVID BARNES,
CHARLES WILLIAMS, CHARLES WELLS,
BENJAMIN WELLS, WILLIAM TIPTON.
On the following Tuesday evening, the Bill for the Incorporation of the Borough was submitted to the peo- ple and endorsed by them. It is generally conceded that this Bill was drawn by Doctor James Francis, the first physician who practiced medicine in this locality.
This Bill of Incorporation became a law by the Act of Assembly passed March 1st, 1806.
AN ACT.
To erect the town of Connellsville, in Fayette County, into a Borough. P. L. 391.
SECTION 1. Be it enacted by the Senate and House of Rep- resentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the town of Connellsville, and its vicinity in the County of Fayette, shall be and the same is hereby erected into a borough,
PIK
STREET
MUD
SAMUEL FREEMAN
ONIVAS
PROSPECT
STREI
SCHOOL
LOTS
STREET
1
PEACH
31 ddV
SPRING
PUBLIC GROUND
WATER
STREET
1
VEQUEGEHE
RIVER
THE BOROUGH OF 1806
CHURCH
STREET
68
CENTENNIAL HISTORY OF CONNELLSVILLE
which shall be called "The Borough of Connellsville," bounded and limited as follows: That is to say, beginning at a place known by the appelation of "Gregg's Butment," on the West side of the Youghiogheny River; thence in a direct line across said river to a sycamore near the mouth of Connell saw mill run; thence south eighty-five degrees east eighty-six perches to a stump; thence north forty-nine and a half degrees east sixty-four perches; thence north twenty-seven degrees east one hundred and twelve perches; thence north forty-six degrees west nineteen and five-tenth perches; thence south thirty-three degrees west twenty perches; thence north fifty-seven degrees twenty-six perches; thence south eighty degrees west one hundred and sixty-eight perches to the river; thence following the last said course across the river to low water mark; thence up said river, following its different meanders to the place of beginning.
SECTION 2. And be it further enacted by the authority aforesaid, That it shall and may be lawful for all persons entitled to vote for members of the Legislature, who have resided in said borough twelve months previously to such election, to meet at the school house in said borough (or at such other place as may here- after be appointed), on the first Monday in April in every year, and then and there elect by ballot, between the hours of twelve and six o'clock of the same day, one reputable citizen residing therein, who shall be styled "The Burgess of the said borough," and seven reputable citizens residing therein, who shall be a Town Council, and shall also elect as aforesaid one reputable citizen as High Constable; but previously to such election the inhabitants shall elect two reputable citizens as Judges, one as Inspector and two as Clerks of said election, which shall be regulated and con- ducted according to the general election law of this Commonwealth, so far as relates to receiving and counting votes, and who shall be subject to the same penalties for malpractices as by the said law is imposed; and the said Judges, Inspectors and Clerks, re- spectively, before they enter upon the duties of their offices, shall take an oath or affirmation before any Justice of the Peace of said County, to perform the same with fidelity; and after the said election shall be closed shall declare the person having the greatest number of votes to be duly elected; and in case any two or more candidates shall have an equal number of votes, the pref- erence shall be determined by lot, to be drawn by the Judges and Inspector, whereupon duplicate returns thereof shall be signed by the said Judges, one of which shall be transmitted to each of the persons elected, and the other filed among the records of the cor- poration; and in case of death, resignation, removal, refusal to accept, or neglect or refusal to act after acceptance of any of
69
THE INCORPORATION OF THE BOROUGH
the said officers, the Burgess or in case of his death, absence or inability to act, or when he neglects or refuses to act, the first named of the Town Council shall issue his precept, directed to the High Constable, or when there is no High Constable, or where he refuses or neglects to act, then any of the members of the Town Council, shall advertise and hold an election, in manner aforesaid, to supply such vacancy, giving at least ten days' notice thereof by advertisements set up at four of the most public places in the said Borough.
SECTION 3. And be it further enacted by the authority aforesaid, that from and after the first Monday in April next, the Burgess and Town Council duly elected as aforesaid, and their successors, shall be one body politic and corporate in law, by the name and style of "The Burgess and the Town Council of the Borough of Connellsville," and shall have perpetual succession, and the said Burgess and Town Council aforesaid, and their successors, shall be capable in law to receive, hold and possess goods and chattels, lands and tenements, rents, liberties, jurisdictions, fran- chises and hereditaments, to them and their successors, in fee simple or otherwise, not exceeding the yearly value of five thou- sand dollars, and also to give, grant, sell, let and assign the same lands, tenements, hereditaments and rents, and by the name and style aforesaid, they shall be capable in law to sue and be sued, plead and be impleaded, in any of the courts of law in this com- monwealth, in all manner of actions whatsoever, and to have and to use one common seal, and the same from time to time, at their will, to change and alter.
SECTION 4. And be it further enacted by the authority aforesaid, That if any person duly elected as Burgess, or a member of the Town Council, or Constable, shall refuse or neglect to take upon himself the execution of the office to which he shall have been elected, every person so refusing or neglecting shall forfeit and pay the sum of twenty dollars; which fine and all other fines and forfeitures incurred and made payable in pursuance of this act, or of the by-laws and ordinances of the Town Council, shall be for the use of the corporation.
SECTION 5. And be it further enacted by the authority aforesaid, That the Burgess, Town Council and High Constable, and each of them, before entering upon the duties of their respec- tive offices, shall take an oath or affirmation before any Justice of the Peace of said county, to support the constitution of the United States and of this State, and to perform the duties of their respective offices with fidelity; and the certificates of such oaths and affirmations shall be filed among the records of the said cor- poration.
70
CENTENNIAL HISTORY OF CONNELLSVILLE
SECTION 6. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Town Council to meet as often as occasion may require, and enact such by-laws and make such rules, regulations and ordinances, as shall be deter- mined by a majority of them, necessary to promote the peace, good order, benefit, and advantage of said Borough, particularly of providing for the regulation of the market, streets, alleys, and highways therein; they shall have power to assess, apportion and appropriate such taxes as shall be determined by a majority of them necessary for carrying the said by-laws, rules and regula- tions into complete effect, and also to appoint a Town Clerk, Treasurer, two persons to act as Street and Road Commissioners, and a Clerk of the Market, annually, and such other officers as may be deemed necessary from time to time; provided, That no by-law, rule or ordinance, of the said corporation, shall be repug- nant to the constitution or laws of the United States, or of this Commonwealth, and that no person shall be punished for the breach of a by-law or ordinance, made as aforesaid, until three weeks have expired after the promulgation thereof, by at least four advertisements set up in the most public places in the said Borough; and provided also, That no tax shall be laid in any one year, on the valuation of taxable property, exceeding one- half cent in the dollar, unless some object of general utility shall be thought necessary, in which case, a majority of the free-holders of said Borough by writing under their hands, shall approve of and certify the same to the Town Council, who shall proceed to assess the same accordingly.
SECTION 7. And be it further enacted by the authority aforesaid, That the Burgess elected and qualified, agreeably to this act, is hereby authorized and empowered to issue his precept, as often as occasion may require, directed to the High Constable, commanding him to collect all taxes assessed, and fines and for- feitures imposed by this act, or by the ordinances and regulation of the corporation; and the same to pay over to the treasurer; and the said Burgess is hereby authorized to carry into effect all by- laws enacted by the Council and whatever else shall be enjoined upon him for the well ordering and governing the said Borough; he shall have jurisdiction in all disputes between the corporation and individuals arising under the by-laws, regulations and ordi- nances.
SECTION 8. And be it further enacted by the authority aforesaid, That it shall be the duty of the Town Clerk, to attend all the meetings of the Town Council, when assembled upon busi- ness of the corporation, and perform the duty of clerk thereto, and keep and preserve the common seal and records of the cor-
₹1
THE INCORPORATION OF THE BOROUGH
poration, and be answerable for the same, and also for the faithful discharge of all duties which may be enjoined upon him by virtue of this act, or of the acts of the corporation, and his attestation, with the seal of the corporation, shall be good evidence of the thing or act so certified.
SECTION 9. And be it further enacted by the authority aforesaid, That the Treasurer shall give security for the faithful discharge of the duties of his office, and for the safe delivery into the hands of his successors of all monies, books and accounts appertaining thereto upon demand being made by the Burgess for that purpose.
SECTION 10. And be it further enacted by the authority aforesaid, That the Street Commissioners, Treasurer, Constable and Clerk of the Market, as well as all other officers who may be appointed by the corporation or council shall render their accounts to the council once in every year for settlement; and the said accounts being adjusted and settled accordingly, shall be forthwith published by the said Council, showing particularly the amount of taxes laid and collected and of the expenditures.
SECTION 11. And be it further enacted by the authority aforesaid, That it shall be the duty of the High Constable to give notice of the elections by setting up advertisements in the market and three other public places in the said Borough, ten days pre- viously thereto; he shall attend and see that the same is opened at the time, and in the manner directed by this act; Provided, That Samuel Trevor, and George Mathiot, Esquire, of the said town, or either of them, shall publish and superintend the election to be held on the first Monday of April next, as herein before directed.
SECTION 12. And be it further enacted by the authority aforesaid, That if any person or persons shall think him, her or themselves aggrieved by anything done in pursuance of this act, he, she or they may appeal to the next court of quarter sessions to be held for the proper county, upon giving security according to law, to prosecute his, her or their appeal with effect, and the court having taken such order therein as shall seem to them just and reasonable, the same shall be conclusive against all parties.
This Act of Assembly was modified by a general act approved the 3d day of April, 1851, entitled an "Act to Regulate Boroughs," as follows :
Petition of Citizens of Connellsville presented March 4th, 1852.
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CENTENNIAL HISTORY OF CONNELLSVILLE
To the Honorable, the Judges of the Court of Quarter Ses- sions of Fayette County :
The petition of divers citizens of the Borough of Con- nellsville, in said county, humbly showeth, that they labour under great inconvenience in ascertaining the powers con- ferred by the Act of the Legislature incorporating said Borough, approved March 1st, 1806.
Your petitioners therefore humbly pray the Court to confer on the Borough of Connellsville as now incorporated, with its title and present boundaries, all the rights, privi- leges, powers and restrictions conferred by the Act of the Legislature, approved the 3d day of April, 1851, entitled an Act Regulating Boroughs.
And also declaring and conforming said Borough into a separate and distinct school district with and in conform- ity to the said Act approved April 3, 1851. And your peti- tioners will pray :
Names
John Davis,
George White,
Aaron Bishop,
Names W. W. Hickman, John Mitts, Josiah Marietta,
And ninety others.
ORDER OF COURT.
Application confirmed by the Court, and all the powers of the Act of Assembly approved the 3d day of April, 1851, "Regulating Boroughs," conferred upon the corporation of the Borough of Connellsville.
4th March, 1852.
By the Court, RICH. HUSKINS, Clerk.
The poll-list of the Borough for 1806 was found among some old papers in the old Herbert Homestead on Main street. On the half of a sheet of foolscap folded lengthwise is the original heading, as follows :
"Names of the voters of the Borough of Connellsville, 7th day of April, 1806." On this sheet are the following 32 names, viz :
THE INCORPORATION OF THE BOROUGH
1. William Tipton
17. George Mathiot
2. Daniel Mathias
18. Jonas Colstock
3. David Barnes
19. John Barnhart
4. Joseph Page
20. Andrew Ellison
5. James Lofrarty 21. Cornelius Woodruff
6. Tymothy Hawkins 22. Daniel Rogers
7.
Andrew Banning 23. William Morrow
8. Charles Williams 24 Joseph Mahaffy
9. Samuel Trevor
25. John Keepers
10. Isaac Mears
26.
Jonathan Moody
11. James Francis
27. Cornelius Woodruff, Jr.
13. William Davis
29.
James Blackstone
30. Benjamin Evans
15. Joshua Hunt
31. John Page
16. William Mefford
32. Caleb Trevor
This election was held in the log school house which had been erected by private subscriptions on the lots do- nated by the founder of the town, where the High School building now stands. The two preceding elections for Bull- skin township were also held in this same school house.
The name of Zachariah Connell does not appear among the voters of this list, for the reason that it was a principle of his, that those to whom he sold his lots, should control the town, and that he should not exert any authority over those who had cast their lot with him in this new venture. He had already been elected to the high office of Con- stable in Bullskin township in the year 1803, and also as one of the first three commissioners of Fayette county.
From additional information, it is certain that this is the correct list of the names of the men who voted at the first election held for officers of the Borough.
This election was held on the 7th day of April, 1806. At this election Daniel Rogers was elected Burgess and the following persons, members of the first Town Council : Samuel Trevor, Charles Williams, James Francis, John Barnhart, Hiram Connell, William Mefford and Anthony Banning.
12. Hiram Connell
28. David Stuart
14. Adam Snider
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CENTENNIAL HISTORY OF CONNELLSVILLE
The above officers are the persons named in the deed made by Zachariah Connell for a part of Lot No. 94 for a Market House, dated "the 15th day of October, 1806," and duly placed on record in the Recorder's office of this county. The first meeting of the Borough Council was held April 16th, 1806, and there and then began the political history of that small hamlet. Little did that Burgess and Town Council think that they were making history that would be eagerly scanned by those located on the same spot a century later, when that hamlet had developed into a large and prosperous city. The minutes of this, the first meeting of the Borough Fathers, is well preserved in the old minute book and is here reproduced in full.
No. 1 .- At a meeting of the Council of the Borough of Con- nellsville, convened by mutual agreement on the 16th day of April, 1806. John B. Trevor was chosen Town Clerk. The Council then proceeded to business and passed the following ordinances, viz :
No. 1 .- An ordinance respecting the Borough seal.
No. 2 .- An ordinance enjoining the Burgess to qualify all the Borough Officers.
No. 3 .- An ordinance respecting the duties of the Treasurer.
No. 4 .- An ordinance establishing the fees to be charged by the Burgess and High Constable.
No. 5 .- An ordinance imposing a fine of ten dollars on any person elected by the Council as Officer of the Borough who re- fuses to act in that capacity.
No. 6 .- An ordinance respecting the qualifications of the Bor- ough Officers appointed by the Council.
No. 7 .- An ordinance enjoining the Town Council to notify persons appointed to Office, of their appointment.
No. 8 .- An ordinance enjoining the Burgess to draw his order on the Treasurer for the payment of such accounts as are approved of by the Council.
No. 9 .- An ordinance appointing an assessor and two assist- ants.
No. 10 .- An ordinance appointing two Street Commissioners.
No. 11 .- An ordinance appointing an Inspector of Lumber and Boats.
No. 12 .- An ordinance making the High Constable Collector.
No. 13 .- An ordinance respecting the paving of the Streets.
No. 14 .- An ordinance respecting hogs running in the Borough.
25
THE INCORPORATION OF THE BOROUGH
No. 15 .- An ordinance imposing a fine of one dollar on any person who gallops a horse within the limits of the Borough, etc., etc.
No. 16 .- An ordinance respecting partition fences.
No. 17 .- An ordinance respecting bathing in the river.
No. 18 .- An ordinance respecting the salary of the Town Clerk.
The Council then make the following appointments :
John Page, Assessor; Cabel Trevor, Benjamin Evans, Assist- ant Assessors; George Mathiot, James Blackston, Street Commis- sioners ; Joseph Rogers, Treasurer; David Barnes, Inspector of Lumber.
The following resolutions were then read and adopted, viz :
Resolved, That every member of the Council and the Town Clerk who does not attend the meetings at the hour appointed or within thirty minutes thereof shall forfeit and pay the sum of one dollar, to be disposed of as the Council shall direct, unless the excuse offered by such delinquent or delinquents shall be deemed sufficient to exonerate him or them from the fine by a majority of the members present.
Resolved, That the Council adjourn until convened by notice given in writing by the Town Clerk.
Adjourned accordingly, JOHN B. TREVOR, T. C.
The series of 18 ordinances passed at the first meeting of Council has but a few of any material interest. The first one refers to the seal of the Borough, and states "that the eagle on the reverse side of a United States half dollar shall be the seal of the corporation until another is adopted." This seal is reproduced on the cover of this history.
The third states that the Treasurer shall be required to give two hundred dollars security to the Burgess, instead of to the Council, for the faithful performance of his duties.
The eighth directs that the Inspector of Lumber shall "measure and determine the value of any boards, plank or scantling, brought for sale to the Borough, if called upon by the seller or purchaser thereof" and that he should be paid for any number of feet less than one thousand 25 cents and one and one half cents for each one hundred feet thereafter.
26
CENTENNIAL HISTORY OF CONNELLSVILLE
The duties of the High Constable are defined in Num- ber 12 as that of a tax collector, and that he should pay the taxes when collected to the Treasurer, and receive for the collection 21/2 per cent for all taxes collected.
In number 15 a fine of one dollar was imposed upon any one caught galloping a horse within the Borough, or for discharging a fire arm for amusement or mischief within the Borough. One third of this fine was to be paid to the informant, and the balance to the Borough Treas- urer.
This first minute book is six by eight inches in size and contains 262 pages of well written transactions of the Borough Council. This book is written close to the mar- gins of the page, and no space left either at the top or bottom of the page, showing that our fathers had an econ- omic view of the Borough's business. It is written with quill pens and with ink that is perfectly legible one century after and in handwriting that is today unsurpassed. It in- cludes the minutes from the first meeting, April 16th, 1806, to July 2nd, 1833. In a number of instances, the date and the number of the meeting is written in Latin, showing that the Clerk was a man of some erudition. Thus this little band of men looked up for guidance to the principles of "True Democracy" which are "enduring because they are right, and invincible because they are just."
CHAPTER III.
CIVIC DEVELOPMENT.
This chapter relates chiefly to the business transactions of the Town Council. It must be remembered the Council for many years was the only elective body in the Borough, drafting all the Borough laws, executing them by the assist- ance of the Burgess, and having full control of the town schools. The Act of Incorporation of the Borough stated that the first election should be held in the school house. And it seems certain that this was also the meeting place of the Council for a number of years.
Early in the history of our Borough, the members of Council took action looking toward a permanent home of their own. At the fifth regular meeting, held June 24, 1806, the Council proceeded to fix upon a site proper for a market house for the use and convenience of the inhabitants of the Borough. Mr. Zachariah Connell, being present, offered to donate a part of a lot fronting 14 feet on Spring street and 40 feet on Church street. The offer was accepted and a deed for the same received dated October 15, 1806. This lot a few years later was considered too small on which to erect a market house, and an additional strip was pur- chased from Greenberry R. Jones, for the consideration of $8.511/2. This purchase was made by order of Council, June 12, 1810. Previous to this time, by an ordinance passed April 24, 1809, Council had appropriated an addi- tional strip giving six feet more frontage on Spring street. A lot now having been secured, the free holders petitioned Council, October 2, 1809, to lay a tax sufficient to build a market house. At this meeting, the Council by a vote of four to three passed a resolution fixing the tax, at three- fourths of a cent on the dollar of taxable property. Before this taxation was fixed at one half cent on the dollar for
77
LEADING
MEAT
THE FIRST MARKET HOUSE AND OLD CITY HALL.
79
CIVIC DEVELOPMENT
all purposes. David Barnes prepared a plan for a market house and submitted it to a meeting of Council, October 5, 1809. This plan was accepted and at the same meeting the Clerk was ordered to advertise for bids for the erection of the building.
At a meeting of Council, October 11, 1809, David Barnes was granted the contract, upon his bid of $90.00 with a bond for the faithful performance of his contract. We find also that at the March 5, 1810 meeting, David Barnes was given two orders amounting to $100.00 for erecting the market house, so it was a long time ago that the orders given by Council exceeded the contract price. The same contractor was then given $8.00 to build steps to get into the building and two double gates to keep out the sheep. Any one who cut up and sold a beef in the market house was required to pay 25 cents and on failure to do this was fined $1.00, with the exception of those who rented stalls by the year.
An addition was made to this building fronting on Pittsburgh street in 1858, built by Jacob Rhodes, which was used as a Council Chamber, Burgess office and lockup, and later as a place for keeping the fire hose. The front part was rented for general business purposes. But with the improvement of the town the old market house had to disappear, and, in its place, Council decided to erect a substantial three-story brick building. The contract for the erection of this building was awarded to Calhoun & Co., for the sum of $5,350. Work was commenced on it in August, 1886, and the building was completed and taken off the hands of the contractor, February 24, 1887.
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