History of Wayne, Pike, and Monroe counties, Pennsylvania, Part 25

Author: Mathews, Alfred, 1852-1904. 4n
Publication date: 1886
Publisher: Philadelphia : R.T. Peck & Co.
Number of Pages: 1438

USA > Pennsylvania > Monroe County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 25
USA > Pennsylvania > Pike County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 25
USA > Pennsylvania > Wayne County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 25

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).

"The matter is now with the County Com- missioners and the Judges of the Court of Quarter Sessions, to determine what amount of loan may be contracted."

May 21st- before Judge Dreher's decision was announced-the revised valuation having been reduced on appeal to $7,561,956, the commissioners rescinded the resolution of March 21st, providing for an increase of indebtedness to $160,000, and substituted a resolution limiting the increase to an aggregate of $140,000. A few days later Judge Dreher's opinion was filed, and the commissioners there- upon decided to apply to the Court of Quarter Sessions for the approval of an issue of bonds. Their petition for this purpose, presented June 2d, set forth the indebtedness already incurred in the construction of the court-house at $37,502.87, and asked the approval of a loan of $125,000, in which the existing indebtedness was included. June 8th, Judge Waller, the

president judge, filed an opinion, limiting the proposed loan to $106,000, and approving of the issue of bonds to that amount-$38,000 to liquidate the indebtedness already incurred, and the remaining $68,000 to be approved " when- ever the Commissioners shall obtain a responsible contract for the completion of the building in a proper manner " for that sum. June 9th, however, the associate judges, Avery and Greene, filed an opinion, refusing to approve the issue of any bonds or the negotiation of any loan for completing the court-house.

The question was next raised, on the part of the commissioners, whether the act of 9th April, 1868, was not repealed by the act of 20th April, 1874. Though the former act was cited by Judge Dreher in his opinion, the ques- tion of its repeal by the latter act had not been argued, or even presented, on the hearing before him. On this point there was some difference of opinion among the counsel for the commis- sioners. The bonds had already been printed and prepared for issue, under the resolution of March 21st, and it was soon understood that they had been or were about to be placed on the market, as a loan authorized by the act of 1874. P. P. Smith, a prominent member of the bar, decided to test the right of the com- missioners to contract the proposed loan, and June 30th filed a bill in equity in behalf of two of his clients-John Hennigan and Angust Hartung-to restrain the issue of bonds and the collection of the tax levied for payment of inter- est. The commissioners, in their answer, admitted their purpose to contract a loan for the comple- tion of the court-house and to meet other neces- sary expenses of the county, and contended that they were anthorized to do so, without the approval of the court, by the act of 1874. July 3d a preliminary injunction was granted against the issue of bonds and the collection of the bond tax, without the approval of the court and July 19th was fixed for hearing a motion to dissolve the injunction. Instead of waiting to argue this motion, however, the commis- sioners appealed from the decree. The case was argned before the Supreme Court at Pittsburgh, in October following, and a decision was ren- dered by the chief justice in the following terms :

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WAYNE, PIKE AND MONROE COUNTIES, PENNSYLVANIA.

"PER CURIAM .- Decree affirmed, except so far as it restrains the Commissioners from levying and col- lecting county taxes, under the general system for levying and collecting county taxes, for the purpose of building a new court-house."

This decided that the commissioners had authority to levy the necessary tax for building the court-house, but not to borrow money for that purpose without the approval of the court.

On the opening of the political canvass, in the fall of 1877, the " Anti-Court-House Party" was strong and well organized throughout the county. It held a convention at Bethany, and placed a county ticket in the field ; Judge Avery, whose terni would expire in the following Janu- ary, being nominated for associate judge, and Godfrey Stevenson, of Mount Pleasant, for treas- urer. Candidates were also nominated as usual by the two political parties. The Anti-Court- House ticket, however, was elected by an over- whelming majority.

Meantime-in September-the old court- house was torn down. Arrangements were subsequently made, by which the courts were held in Liberty Hall until the close of 1878, and in Weaver's Hall from that time until the completion of the new court-house.

November 7th, Thomas Brown, one of the commissioners, died.

November 8th, Commissioners Oppelt and Foote adopted a resolution levying a tax of ten mills on the dollar, for the purpose of pro- ceeding with the erection of the court-house, and to meet ordinary expenses.

The expenditures on the building, during the year 1877, as shown by the financial state- ment, were $18,030.53.

At December Term, 1877, the court appointed Wm. Holbert commissioner, to fill the vacancy caused by the death of Mr. Brown. Mr. Hol- bert, having been the leading plaintiff in the original bill for an injunction, was an undoubted "anti-court-house man."

In January, 1878, the accounts of the com- missioners and treasurer were laid before the county auditors (P. G. Goodrich, A. R. Peck, and Eugene Dorflinger) for settlement. The auditors refused to allow the commissioners credit for county orders drawn to meet expenses

connected with the new court-house after the refusal of the court to approve a loan; or to allow the treasurer credit for the payment of such orders after Nov. 24, 1877, at which date an "Anti-Court-House Committee" had notified him to pay no more of them. These orders were printed in blue ink, to distinguish them from those drawn for ordinary expenses, and were known as "blue checks." The commis- sioners and treasurer were accordingly sur- charged with the following sums :

Commissioner Oppelt $4495.61

Brown 1970.85

Foote. 3335.61

Treasurer Paul Swingle 1511.44

The commissioners and treasurer at once appealed from this settlement of their accounts. The issues formed on these appeals were tried at the following May Term. The personal interests of Commissioners Oppelt and Foote, as appellants, being adverse to the claim of the county which they officially represented, an application was made to the court by the "Anti-Court-House Committee" for leave to appear in person and by their attorneys, Messrs. Hamlin and Purdy, in behalf of the county ; and these attorneys also asked leave to appear for the county under an authority given by Commissioner Holbert. Before the cases were taken up, however, an arrangement was made by which C. S. Minor was employed to act as attorney for the county in the proceedings, and the applications on the part of Messrs. Hamlin and Purdy were withdrawn. The appeals of the commissioners were first tried. The evi- dence offered in behalf of the county consisted of that portion of the auditor's report relating to the matters in controversy, the assessment and tax levies for 1877 and 1878, and the testimony of Auditor Peck, as to the character of the claims which had been disallowed, and the reasons for disallowance. When the county closed, the defendants demurred to the evidence, and after argument the court directed judg- ment on the demurrer for the defendants. The appcal of the treasurer was next taken up, and as the question on which it turned had just been decided by the court against the county,

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the jury, under the direction of the court, rendered a verdict for the defendant.

At February Sessions, 1878, Commissioners Oppelt and Foote presented a petition asking for the approval of bonds to the amount of $100,000, conditioned on making a contract, to be approved by the court, for the completion of the court-house, at a total cost not exceeding that sum. A similar petition was laid before the grand jury, with the request that they take the matter into consideration, and if they thought the proposed measure advisable, to recommend it to the court. They declined, however, to take such action on it. Numerous remonstrances were presented to the court against the proposed issue of bonds, and again the associate judges declined to approve the measure. At May Sessions following, Judge Waller called the attention of the grand jury to the subject, for such action as they might think proper to take. They made a report, recommending the issue of bonds as asked for by the commissioners in February, with a pro- viso that the tax levy for the ycar should not exceed three mills. The associate judges, how- ever, still withheld their approval.

In view of the continued refusal to approve a loan, and the depressed financial condition of the county, Commissioners Oppelt and Foote, at the suggestion of Mr. Dimmick, their coun- sel, May 14, 1878, adopted the following reso- lution :

" Resolved, That the resolution of November 8th, 1877, be and the same is hereby rescindcd ; and that a tax not to exceed five mills on the dollar of valuation be assessed for the year 1878, and that no further work be donc on the court-house, or any contract entered into relative to the same for the present year; and that no further request be made to the court for the approval of bonds during our term of office."

In the fall of 1878 the "Anti-Court-House Party" was again in the field with a county ticket; William Holbert and William Hartwell being its nominees for commissioners, and N. F. Underwood and A. B. Gammell for repre- sentatives. Mr. Nelson, who had served a term as representative, received its support as a can- didate for the State Senatc. These candidates were clected. John Riefler, one of the Repub-

lican candidates, was chosen as the third com- missioner.

At February Sessions, 1879, the grand jury, in reporting on the county buildings, after set- ting forth the inconveniences connected with the county offices, continued as follows :

" In view of the admitted want of a proper place in which to hold the courts of the county, and the insufficient accommodations for Prothonotary and Treasurer, the grand jury would recommend the Com- missioners (if it be at all consistent with the duty they owe to the people of the county) to proceed to finish the new court house, so far, at least, as to af- ford the necessary court and jury-rooms, and an office for the Prothonotary's use, in as good and cheap a manner as they can."

In May following the plans of the new court-house were examined by the commission- ers, various changes were indicated, and reduced estimates of the cost were made. July 3d the commissioners advertised for proposals to com- plete the building. July 15th they made a con- tract with A. S. Phillips to complete the erection of the court-house, according to the modified plans decided on, for $25,889. This included none of the interior fittings or furnishing. A subsequent agreement provided for the addition of a dome, or central tower, at a cost of three thousand dollars; and a further contract was made, under which the fitting up of the interior was done by Mr. Phillips. The date fixed for the completion of the building was April 20, 1880.

The purpose of the " Anti-Court-House Party " had been to prevent the completion of the court- house, or at least to postpone it until after the close of Judge Waller's term. The party accom- plished nothing, however, by political action, except so far as the refusal of the court to approve the second application for a loan may have been due to the re-election of Judge Avery in 1877; for work on the building was sus- pended only through the impossibility of ob- taining funds with which to continue it. The " Anti-Court-House" members of the Legislature seeured the passage of various enactments on the subject, but none of these were of the least avail in arresting operations. The "Anti-Court- House" commissioners were elected under pledges against completing the court-house-

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"Pay as you go; and if you can't pay, don't go," being the motto adopted; and up to the last moment the executive committee of the party pronounced against a resumption of the work. The commissioners, however, soon recognized that the existing conditions rendered further delay highly inexpedient, and took the responsibility of proceeding to complete the unfinished building. Their action in the pre- mises was finally approved by the sober second thought of the great body of the tax-payers.

The building was substantially completed at the time fixed, and court was first held in it at May Term, 1880. The commissioners then presented a petition, asking that the grand jury be instructed to make "a full and impartial examination of the work and materials, and report the facts fully to the Court." This was accordingly done, and a report was made by the grand jury, setting forth-

"That we have examined the contracts, examined Commissioner Hartwell upon his oath in regard to them, looked at the specifications, and made such general examination of the building as we felt war- ranted in doing. That we are none of us practical builders, and therefore do not feel justified in passing upon matters which only experts can intelligently decide. That for these reasons it would not be just to the Commissioners, the contractor, or the people, to take the responsibility upon ourselves to pass judg- ment on so important a matter, as a contract is now on file between said Commissioners and the contractor, by which the Commissioners and the architect are to be the judges to decide in behalf of the tax-payers whether the contractor has done the work and fur- nished the materials in accordance with the specifica- tions and contract."

During the two years preceding, numerous suits had been brought and judgments recovered against the county for money lent, and on the " blue checks" discredited by the county audi- tors in their report for 1877. Litigation was not to end even with the completion of the court-house. The commissioners and Contractor Phillips were unable to effect a settlement, and in August, 1880, the latter brought suit against the county, on a claim of $3000 for building the court-house dome, and of $2000 for seats and other fixtures erected in the court-room. The case was referred to arbitrators, who, November 19th, awarded the contractor the

sum of $1790.13. He appealed, and subse- quently obtained a change of venue to Monroe County. There he recovered a verdict of $4400, which was afterward reduced to $4000 as the alternative of a new trial. January 13th, 1882, the matter was closed by the payment of $4413.30 in full satisfaction of debt, interest and costs.

The court-house, as finished, is a fine two- story structure of brick, with granite trimmings. The ground plan is in the form of an H, with the wings on the front somewhat longer than those on the rear. The county offices, arbitra- tiou room, president judge's chambers, grand jury room and law library are on the first floor; the court-room, jury-rooms, judges' room, bar office, consultation room, and ladies' wait- ing-room on the second floor. The entire building is heated by steam, the furnace and boilers being in the rear portion of the base- ment. In the basement, also, are rooms for the janitor and his family. The outside dimensions of the main portion of the building are fifty- eight feet by one hundred and nine; of the front wings, thirty-five by thirty-seven ; of the rear wings, twenty-two by twenty-one; giving a front of one hundred and twenty-eight feet, and a rear of one hundred and two feet. A corridor fourteen feet wide extends from front to rear, with an expansion, eighteen feet from the front entrance, octagonal in form, twenty- six feet in diameter. On opposite sides of this, two stairways lead to the front of the second floor and to the court-room ; and from a private entrance near the rear of the corridor a stair- way leads to the judges' room, bar office and rear of the court-room. The length of the court-room is eighty-nine feet, and its width fifty-three. The bar, bench, clerk's desk and jury boxes occupy thirty-two feet of the length. The judges' room is in rear of the bench ; the waiting-room and jury-rooms are in the front wings ; the bar office and consultation room are in the rear wings. The bar and jury boxes are elevated some eight inches above the level of the floor, and the tiers of seats in the jury boxes rise from front to rear. The seats of the audience are on a uniform level. This is a very faulty arrangement ; since a row of chairs

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placed across the front of the bar, when occu- pied, shuts the witness-stand out of view from at least one-half of the benches. The acoustic properties of the room, also, arc exceedingly bad; what is said within the bar and on the witness-stand being best heard in the most dis- tant scats. Various plans have been proposed, and experiments tried, for improving the room in this respect, but with little success. The method most likely to be attended with favora- ble results is a reduction of the bar to the level of the floor, and the elevation of the seats toward the opposite end of the room.

It is impossible to ascertain the exact cost of the building, with the fitting, furnishing, heating apparatus, plumbing, gas fitting, etc., etc. Samuel B. Brown, the commissioners' clerk during most of the period of construction and payment, and the man most familiar with the subject, estimates the aggregate cost at about $130,000. This sum, however, does not include expenses of litigation, costs in suits against the county, interest on unpaid claims, political profits, or wear and tear of the public temper.

THE CIVIL LIST.

Following appear the names of the chief offi- cials of Wayne County-so far as it is possible to ascertain them-together with the represent- atives in the National and State Legislatures. (For the judiciary, see the succeeding chapter.)

CONGRESSMEN .- For the district of which Wayne has been a part-varying from time to time.

Bucks, Montgomery and Northampton (two members). 1792-97 Samuel Sitgreaves.

1797-1801 Robert Brown.

Bucks, Montgomery, Northampton, Wayne and Luzerne

(three members).

1803-1813 Robert Brown.1

Bucks, Northampton and Wayne.

1813

Robert Brown, S. D. Ingham. 1815.

S. D. Ingham. J. Ross.

1817. Same. Both resigned in 1818. 1818-19. .S. Moore, T. J. Rogers (to fill vacancies ). Bucks, Northampton, Wayne and Pike (two members). 1821 S. Moore, T. J. Rogers. 1822. .S. D. Ingham (in place of Moore, resigned).

1823 S. D. Ingham (with Rogers).

1824 .. ... George Wolf (in place of Rogers, resigned). 1825-27 Ingham and Wolf.

1829 .S. A. Smith, P. Ihrie, Jr.

1831 H. King, P. Ihrie, Jr.

Northampton, Wayne, Pike and Monroe (one member). [Carbon added when creeted.]

1833 D. D. Wagener.

1841-43 John Westbrook.

1843-49 Richard Brodhead.

1849-53 M. M. Dimmiek.

1.853-57

Asa Packer.

1857-61

W. H. Dimmiek.

1861-67 Philip Johnston.2

1867-71 D. M. Van Auken.

1871-75. J. B. Storm.

Bradford, Susquehanna, Wayne and Wyoming (April 28, 1873).

1875-77 Joseph Powell.

1877-81 Edward Overton.

1881 .C. C. Jadwin.

1883 George A. Post.

1885 F. C. Bunnell.

STATE SENATORS (for districts including Wayne County) .- Previous to 1836 Wayne was in districts electing two Senators, and the names of those elected are not learned with cer- tainty.

In 1836 the District was made of Luzerne, Wayne, Pike and Monroe.

1837 .- E. Kingsbury, Jr., clected for 1838, 1839, 1840 and 1841.

1841 .- Luther Kidder, eleeted for 1842, 1843 and 1844.

In 1843 New District of Susquehanna, Wayne and Wyoming.

Asa Dimock was on unexpired term.

1845 .- William H. Dimmick, elected for 1846, 1847 and 1848.

1848 .- F. B. Streeter, elceted for 1849, 1850 and 1851.

In 1850 New District of Wayne, Pike and Monroc. No election for 1852.

1852 .- E. W. Hamlin, elected for 1853, 1854 and 1855.

1855 .- I. H. Walton, elected for 1856, 1857 and 1858.

In 1857 Now District of Carbon, Monroe, Pike and Wayne.

1858 .- Thomas Craig, Jr., clected for 1859, 1860 and 1861.

1861 .- Henry S. Mott, elected for 1862, 1863 and 1864.

1 Elected five terms-1803, 1805, 1807, 1809 and 1811.

2 He died in January, 1867.

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WAYNE, PIKE AND MONROE COUNTIES, PENNSYLVANIA.

In 1864 same District renewed.

1864 .- H. B. Beardslee, elected for 1865, 1866 and 1867.

1867 .- Charlton Burnett, elected for 1868, 1869 and 1870.

1870 .- Albert G. Brodhead, cleeted for 1871, 1872 and 1873.

In 1871 New District of Bradford, Susquehanna, Wayne and Wyoming.

1871 .- Lafayette Fitch, elected for 1872, 1873 and 1874.

In 1874 New District of Wayne and Susquehanna.

1874 .- W. W. Watson, elected for 1875 and 1876.

1876 .- Eugene Hawley, eleeted for 1877 and 1878.

1878 .- William M. Nelson, elected for 1879, 1880, 1881 and 1882.

1882 .- William M. Nelson, elected for 1883, 1884, 1885 and 1886.

REPRESENTATIVES IN LEGISLATURE .- Prev- ious to the erection of Wayne County, (1798) its territory was part of Northampton, and by the last preceding apportionment, Northampton was entitled to four members. After Wayne was erected, it was generally understood that Wayne should have one of the Representatives. The following were elected from Wayne:

1798, 1799 and 1800. - John Coolbaugh, of Wayne, was elected.

1801-2 .- Richard Brodhead, of Wayne.

1803 .- John Coolbaugh.

1804-5 .- The people of Wayne did not agree on a candidate, and all four members were from North- ampton.

1806 .- John Coolbaugh.

1807 .- No member from Wayne, the people being divided.

1808, 1809, 1810, 1811, 1812 and 1813 .- Daniel W. Dingman.

1814 .- No member from Wayne. Pike was now erected, and Wayne and Pike were expected to have one member.

1815-16 .- John Brodhead, of Pike.

1817, 1818, 1819, 1820 and 1821 .- Isaac Dimmiek, of Wayne.

1822-23,-N. B. Eldred, of Wayne.

1824-25 .- William Overfield, of Pike.

1826-27 .- N. B. Eldred, of Wayne.

1828-29 .- William Overfield, of Pike.

1830-31 .- Thomas Fuller, of Wayne.

1832-33 .- John Westbrook, of Pike.

1834-35 .- N. A. Woodward, of Wayne.

(Wayne and Pike were made a district alone, with one member).

1836-37 .- Oliver S. Dimmiek, of Pike.

1838-39 .- E. W. Hamlin, of Wayne.

1840-41 .- John H. Brodhead, of Pike.

1842-43 .- George Bush, of Wayne.

1844-45 .- Richard Eldred, of Pikc.

1846-47 .- Popc Bushnell, of Wayne. 1848 .- John W. George, of Pike. 1849 .- Thomas E. Grier, of Wayne.

(Wayne alone was made a district). 1850 .- Calvely Freeman.

1851 .- Thomas J. Hubbell.

1852 .- Richard Lancaster,

1853 .- F. M. Crane.

1854 .- Otis Avery. 1855-56 .- Nathaniel W. Vail.

1857-58 .- H. L. Stephens.

1859 .- H. B. Beardslee.

1860 .- A. B. Walker.

1861 .- F. M. Crane.

1863-64 .- William M. Nelson.

(Wayne and Pike were joined in a distriet).

1864-65 .- William M. Nelson ( Wayne).

1866-67 .- Lafayette Westbrook (Pike).

1868 .- William M. Nelson (Wayne.

1869 .- William H. Dimmiek (Wayne).

1870 .- David A. Wells (Pike).

1871 and 1872 .- J. Howard Beach (Wayne).

1873 .- William H. Dimmick, Wayne. (He resigned and Thomas Y. Boyd was elected to the vacancy.)

[An apportionment under the revised Constitution gave Wayne two members, to be elected for two years' terms. ]

1874 .- Thomas Y. Boyd and W. W. Mumford.

1876 .- William M. Nelson and A. B. Howe.

1878 .- A. B. Gammell and N. F. Underwood.

1880 .- Philip Ridley and James Millham.

1882 .- Philip Ridley and C. S. Gardner.

1884 .- E. B. Hardenbergh and W. B. Guinnip.

SHERIFFS .- Previous to 1839, in accordance with the provisions of the Constitution of 1790, two persons were to be elected by the people, one of whom was. to be appointed and commis- sioned by the Governor.

Name of Candidate Elected who Received Commission,

1798 Richard Brodhead.

1801. Daniel W. Dingman.

1804 Abraham Mulford.

1807 Abisha Woodward.

1810 Matthew Ridgway.

1813. .Silas Kellogg.

1816 Salmon Jones.

1819

Solomon Moorc.

1822

Oliver B. Brush.

1825 Joseph Miller,

1828 .Paul S. Preston.

1831.

Lucius Collins.

1834. Joseph Miller.

1837 Lucius Collins.

1840. Richard Lancaster.

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WAYNE COUNTY.

1843 John McIntosh.

1846

William F. Wood.

1849

Oliver Stevenson.

1852

Thomas E. Grier.

1855.

James B. Eldred.

1858. William Turner.

1861

Robert S. Dorin.

1864

Jeremiah F. Barnes.

1867

Robert S. Dorin.

1870

ohn R. Ross.

1873.

E. Mallory Spencer.

1876.

Perry A. Clark.

1879 Joseph Atkinson.

PROTHONOTARY, CLERK OF COURTS, RE- CORDER OF DEEDS AND REGISTER OF WILLS. -Previous to 1839 these offices were part of the Governor's patronage and were sometimes all given to one person, and at other times divided between two or more persons. The limit to the term of office was usually stated in the commissions, as "until this appointment and commission shall be by me, or other lawful authority, superseded and annulled."

The appointees in Wayne County were as in the following statement :

John Broadhead, appointed by Governor Mifflin, March, 1798, to all the offices ; reappointed by Gover- nor Mckean, January, 1800, to all the offices.

John Coolbaugh, appointed by Governor Snyder, January, 1809, to all the offices.

Eliphalet Kellogg, appointed by Governor Snyder, February, 1810, to all the offices.

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History of Wayne, Pike, and Monroe counties, Pennsylvania, Part 25

Author: Mathews, Alfred, 1852-1904. 4n Publication date: 1886 Publisher: Philadelphia : R.T. Peck & Co. Number of Pages: 1438

Author: Mathews, Alfred, 1852-1904. 4n
Publication date: 1886
Publisher: Philadelphia : R.T. Peck & Co.
Number of Pages: 1438