USA > Pennsylvania > Washington County > The courts of justice, bench & bar of Washington County, Pennsylvania > Part 8
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In coming to the conclusion that such buildings as have been planned for are requisite, the commissioners have been influenced by a consideration of the remarkable rate at which the public business to be provided for by the court-house has been growing, and the marked increase which has taken place in the demands made upon our jail facilities. A few facts
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and figures, illustrative of these subjects, will now be pre- sented :
Washington County was erected by the act of March 28, 1781. At the end of the first one hundred years of its exist- ence its population, according to the United States census, taken in 1880, was 55,418. In the succeeding ten years the population increased more than twenty-eight per cent, the census of 1890 showing the number of inhabitants to be 71,155. At the present time it is believed, judging from the vote cast at recent elections, to be about or not far from 90,000. The increase in the first seventeen years of the county's second century has thus been about sixty-two per cent.
The public business of the county would naturally be ex- pected to increase in at least an equal ratio. But other elements than mere increase in population enter into the question. The county has become the seat of a very con- siderable industrial and commercial development which has caused the business transacted in the court-house to increase faster than the population. An examination of the records of some of the offices will sufficiently show this.
For example, in the recorder's office on March 28, 1881, there were filled up one hundred sixteen and a third deed books and nine mortgage books. (For the first sixty years mortgages were recorded in deed books.) The deeds and mortgages since that date will fill a fraction over ninety-nine deed books and a fraction over thirty-eight mortgage books. These figures show that more business was done in this office during the past seventeen years than in all the preceding one hundred years ; but they do not tell the whole story. Not only are certain things (other than mortgages) which were formerly entered in deed books entered now in separate record books, but the average size of the deed and mortgage books used in the last seventeen years is considerably larger than the average size of those used in the first one hundred years.
In the office of the clerk of the Orphans' Court there were filled on March 28, 1881, about fifteen and one-fourth of the
ALEXANDER M. TEMPLETON, ADMITTED, 1892. DISTRICT ATTORNEY, 1899-1901. [Half-tone by Bragdon, from photograph by Hallam.]
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books designated as Orphans' Court Dockets. There will be occupied, when the records of the last term's work are all written up, about twenty-seven and one-half such dockets. Partition proceedings were formerly entered in this docket, but in 1890 a separate set of partition dockets was started, of which about one and one-half books are occupied, and these should be taken into account. We have then fifteen and one- fourth dockets filled in the first one hundred years, and nearly fourteen in the first seventeen years of the second century. Here, again, it should be remarked that the average size of the latter is greater than the average size of the former. The percentage of increase shown by these figures corresponds pretty closely with those taken from the recorder's office.
In the prothonotary's office, down to 1881, there were filled up fifty-four appearance dockets and one and one-fourth equity dockets. (A separate equity docket was not commenced till 1848.) From 1881 to 1898 there have been filled twenty- eight and one-fourth appearance dockets, five and one-fourth D. S. B. dockets (a separate docket for judgment notes having been started in 1893), and three and one-fourth equity dock- ets. The same remark made with respect to other offices, as to an increase in the average size of record books, applies here also. There are also various matters, such as naturalizations, acknowledgments of sheriffs' deeds, etc., formerly entered in the appearance docket, that for some time have had separate books provided for them. Taking these matters into account, to say nothing of entirely new records which acts of assembly have from time to time in recent years required to be kept, it is entirely safe to say that the business of this office for the past seventeen years has been very close in volume to that of all the preceding one hundred years.
The records of the register's office do not show so large an increase of business as appears in the other offices above men- tioned. There has been since 1881 an increase of about sixty per cent in the number of will books in the office, and the number of administration bonds recorded in the bond books during the same period has been about forty-five per cent of
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the number recorded in the one hundred years prior to 1881. With regard to this office, however, it must be remembered that there has not been time yet for the results of the recent growth of the county's population to show themselves fully. The number of estates to be settled depends upon the number of deaths, and the coming of new population into the county does not add anything to the register's business until the new residents begin to die off, while their coming in and engaging in the affairs of life at once makes business for other offices. The business of the Orphans' Court, it will be noticed, has grown more rapidly than that of the register's office. This is evidently because the business and material development of the county has promoted greater subdivision of land, greatly increasing the number of Orphans' Court sales by guardians and trustees, and in other ways has caused a greater number of matters connected with a single estate to come before the court than was formerly usual.
In the commissioners' own office there has been quite a growth of records, and these exhibit another striking illus- tration of the county's development. In 1880 there were in the county thirty-one townships, one city, and ten boroughs. Of the incorporated municipalities, but two were divided into wards, Washington having four and Monongahela City three. This made forty-seven tax districts, for which separate assess- ment books had to be kept. Since 1880 two townships have been divided, making the total number thirty-three, and eighteen new boroughs have been incorporated. Another borough has been divided into two wards. The result is that there are now sixty-eight tax districts. Down to the year 1880 but five of the townships had been divided into voting precincts, and none of the wards of municipalities had been so divided. The total number of voting precincts was then fifty, whereas at the present time there are one hundred and two. The number of registry books for 1898 is therefore more than double the number for 1880. The books and records of the office have so increased in number that only those of the last three or four years can be kept where
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they are accessible for examination, the others having to be boxed up and stored away, principally in the cellar of the building, although frequently some of them are called for, especially in connection with applications to the national government for pensions.
The present and prospective development of business in the various offices above illustrated means that largely in- creased room must be provided for the storage and safe- keeping of record books and file papers, and that the working space for the office force-for attorneys having occasion to examine records, and for the transaction of business with the public - must be on a considerably larger scale than at present. The accommodations for a long time past have been lamentably inadequate.
As to the noted change in the number of sessions of court, and the accommodations necessary therefor, it seems unneces- sary to go into detail. Everything connected with this is so fully within the personal knowledge of your Honors that it would be impossible to enlighten you with respect thereto.
The illustrations above given of the growth of public busi- ness are sufficient to indicate the absolute necessity of taking particular care to avoid a failure to make adequate provision for the requirements of the future. It is not enough to erect a court-house that would be adequate for the needs of the present; the increased business of coming years must be provided for. It would be folly to erect a building which, before a single generation runs its course, would prove inade- quate, and have to be replaced with a larger structure. And, judging from the past, even if we were to assume that the ratio of increase in the years that are before us will not be so great as that of the past seventeen years, a liberal allow- ance for future growth of business is essential if the result referred to is to be avoided. Experience in other counties seems to show that there is greater danger of underestimat- ing than of overestimating the future demands. As more fully appears by the report of Mr. Clarke hereto appended,
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the court-house at Pittsburg, which when erected was sup- posed to be fully adequate for the needs of the next fifty years, is already overtaxed, and it will be absolutely neces- sary to provide additional accommodations in the very near future.
Turning now to a consideration of the jail, it may be said, that along with the industrial development and increase of population above referred to, there has come about a change, to a considerable extent, in the character of the popu- lation; that is to say, there is naturally a very much larger element of what may be termed criminal population now than when the country was an almost purely agricultural region. And this criminal element is increasing, and is certain to con- tinue to increase, along with the further growth of population. The accommodations afforded by the present jail have for a long time been overtaxed, although it is only thirty years since that jail was erected. A large part of the time the num- ber of prisoners confined in it is from two to three times the number which it is capable of accommodating, the law on the subject being complied with.
The facts and figures above presented seem, in the judg- ment of the commissioners, to demonstrate that the court-house and jail which they have planned for are none too large, and do not exceed, either in their dimensions or in the accommoda- tions they will afford, the absolute requirements of the case, taking into consideration that these buildings are to be con- structed to meet the needs not simply of the present year, but of the coming century.
As to the style and manner of construction, it is believed that these plans do not involve extravagance or unnecessary expenditure. Such buildings as these should be substantial in their construction, and as nearly fire-proof as possible; and while unnecessary ornamentation should be avoided, the archi- tectural style and finish ought to be such that the people of Washington County will not be ashamed of the appearance of
SAMUEL C. CLARKE, ADMITTED, 1892. COURT REPORTER FROM 1885.
WILLIAM H. McENRUE, (SON OF WILLIAM MCENRUE (1870).) ASST. COURT REPORTER FROM 1900.
[Half-tones by Bragdon, from photographs by Hallam.]
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the buildings. The aim has been to have the plans conform to these principles, and the commissioners feel that it will be found upon a study of them that this aim has been success- fully carried out.
The idea has been advanced, by some persons inclined to oppose the expenditure of as much money as the commission- ers have deemed necessary, that the county ought not to be any more extravagant in connection with erecting its buildings than an individual would be in putting up a building for him- self. The principle thus suggested is accepted as correct; but what are the facts ? The present valuation of property taxable for county purposes is $46,177,941, as returned by assessors (this does not include over $6,000,000 taxable for state pur- poses, three-fourths of the tax upon which is returned to the county treasurer for county purposes), and the proposed cost of these buildings is to be about one per cent of that sum. Would an individual expending one to one and one-fourth per cent of his wealth in the erection of a residence, or of a build- ing in which to carry on his business, be regarded as extrava- gant, the structure being no larger than the needs of his family or of his business required? The property valued for county taxation is, however, not the only thing to be taken into consideration, inasmuch as three-fourths of the state tax upon money at interest is returned by the state to the county treasury.
In order that additional light might be thrown upon the matter under consideration, the commissioners employed Mr. S. C. Clarke, the official stenographer of the courts of this county, to go into the counties of Fayette, Westmoreland, and Allegheny to gather facts and statistics respecting their pub- lic buildings recently erected or about to be erected, and ob- tain by interviewing county officials such information and opinions as they might, in the light of their experience, be able to give him. His report is hereto appended as a part hereof.
After the commissioners had made known the instructions given by them to their architect, it came to their knowledge
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that certain persons had prepared and sent out, all over the county, petitions or protests against the expenditure by them of more than $250,000, with a request that these be signed and forwarded to the commissioners. A copy of the form of the petition so sent out, with the accompanying circular, is hereto appended. Deeming it their duty to have regard to the opinions and desires of the tax-payers of the county upon this subject, the commissioners waited to see what the people would do. Up to date there have been received but seven of these petitions, to which are appended altogether three hun- dred and seventy-two names, the majority of which are from a single section of the county. It will be noticed that the protest therein contained relates solely to the court-house, and no reference is made to the jail.
A large number of persons, including some of those who signed this protest, have informed the commissioners that at first they were opposed to the idea of expending $500,000, having been misled, by the circulars sent out over the county, into the belief that it was proposed to spend this sum upon the court-house alone, but that upon learning that this figure is to cover the cost of both the court-house and the jail, they became satisfied with the action of the commissioners. Quite a large number of representative citizens of every section of the county have voluntarily spoken or written to the commis- sioners against the idea of any cutting down in their plans, and in favor of making ample provisions for the future in erecting these buildings. In addition to this, the commis- sioners have been engaged, since the 25th of February last, in holding assessment appeals in the different townships and boroughs, and while so doing have conversed with leading men in every one of them on this topic. A large majority of the persons talked with - men of character whose statements and opinions are entitled to the highest respect - have ex- pressed to the commissioners approval of their action, and the opinion that it would meet with the approval of a majority of the tax-payers. From the information received in these ways, the commissioners have become fully satisfied that the tax-
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payers of the county, as a body, regard the amount which it is proposed to expend as a not unreasonable sum, and believe that plans upon any less scale than those which have been prepared would not meet the needs which must be provided for.
If they were exercising their own independent judgment, without reference to the views of any one else, the commis- sioners would be inclined to go even beyond what they had planned - to build larger, rather than smaller, because they fear that after the new court-house and jail have stood as long as the present buildings have, the people of that day may be disposed to criticise them for not making as abundant provi- sion as they ought for the future, just as the people of to-day criticise the commissioners who erected the old buildings. But recognizing that they are but the servants of the people, and should pay attention to the people's wishes, they have stopped short of what their own independent judgment would favor, and have fixed upon a sum, as the cost of the new buildings, such as they thought would meet the approbation of a majority of the tax-payers, and as before stated, they are entirely satisfied that it has such approbation.
In conclusion, the commissioners, after earnest and dili- gent efforts faithfully to discharge their duties in the premi- ses, and to reach such a conclusion respecting what ought to be done as is just and right, believing that they have suc- ceeded in accomplishing these aims, respectfully pray your honors to approve the plans submitted.
JOHN M. DUNN, W. G. SHILLITO, JNO. P. CHARLTON, County Commissioners.
-To the foregoing statement and petition were ap- pended the following indorsements by the county officers, with the report of Mr. Clarke referred to:
I recognize as correct the statements made by the com- missioners in the foregoing paper as to the present situation
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in connection with the taxing districts of Washington County. As those statements indicate, the business of my office has grown very much in the last few years. In view of the increas- ing number of tax-payers with whom business has to be done by the treasurer, the increasing number of tax-record books to be kept in his office, and the constantly growing business with jurors, witnesses, and other persons having claims to be paid by him, the accommodations to be provided for the treas- urer's office in the new court-house should be considerably in advance of those afforded by the present office.
JOHN W. HALLAM, Treas.
I indorse the statements regarding my office made by the commissioners in the attached paper.
O. M. HARTLEY, Register.
I have read that part of the foregoing paper relating to the jail of Washington County, and indorse the correctness of its statements on that subject. The existing condition of affairs is stated less strongly than it might be.
JOHN H. KENNEDY, Sheriff.
I indorse the statement made in the foregoing paper regard- ing the condition of business, past and present, in the office for the recording of deeds and mortgages, as correct in every particular. W. F. PENN, Recorder.
I have read the statement made in the foregoing paper relating to the prothonotary's office. The facts and statistics in regard to said office are correct, and I consider the state- ment made of the growth of business as very conservative.
W. S. CAMPBELL, Prothonotary.
I fully indorse the statements made in the foregoing paper in regard to the increase of business in my office, and say that they are entirely correct.
H. T. BAILEY, Clerk of Courts.
JOSEPH T. HEMPHILL, SHERIFF, 1899-1901.
JOHN J. FITZPATRICK, CORONER, 1897-1902.
[Half-tones by Bragdon, from photographs by Hallam.]
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REPORT BY MR. CLARKE.
REPORT BY MR. CLARKE.
To the Commissioners of Washington County, Pa .: GENTLEMEN:
Pursuant to your request I recently visited the county-seats and called upon the commissioners of Westmoreland, Fayette, and Allegheny counties, for the purpose of obtaining for you, officially, information and data as to the cost, convenience, adequacy, etc., of their respective court-houses. The results of my inquiries are to be found, in as condensed form as possi- ble, in the accompanying pages. I would state generally, without detail, that all the figures as to the cost of buildings already erected, and the figures as to the cost of the proposed court-house in Westmoreland County, were given me officially, as herein stated.
Very respectfully,
S. C. CLARKE.
WESTMORELAND COUNTY COURT-HOUSE.
Basement: Arranged for electric-light plant for building, heating appliances, etc., and annexes to prothonotary's office and recorder's office.
Second floor: Contains criminal-court room, 40 by 61 feet; also a second court-room 40 by 61 feet; also grand-jury room 21 by 152 feet; law-library room; Orphans' Court room 21 by 31 feet; attorney's room; and three judges' rooms, each 16 by 14 feet; female witness room and male witness room.
Third floor: Contains one court-room, 26 by 45 feet; also five jury-rooms, and a dormitory for jurors; office of jury commissioners, with private office annexed, and office of county superintendent of schools.
Fourth floor: Contains three reserved rooms, each 27} by 40 feet, and one court-room, 27} by 30 feet; also five jury- rooms, a witness-room, and office room of county surveyor.
Prothonotary's office on first floor is 47 by 39 feet, with annex in basement.
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Recorder's office is 16 by 40 feet, with annex in base- ment.
Treasurer's office and county commissioners' office similar, with private offices attached on same floor, no annexes.
Office of clerk of courts, 35 by 40 feet.
Cost: Court-house, of sandstone, $350,000. Court-house, of granite, $390,000.
Jail (built few years), cost $200,000.
Total cost court-house (sandstone) and jail, $550,000.
Total cost court-house (granite) and jail, $590,000.
Above figures do not include any cost or valuation of grounds.
All offices, etc., provided with water-closet accommodations.
FAYETTE COUNTY COURT-HOUSE.
Basement: Contains heating appliances; water-closet ac- commodations for public; also two rooms for storage and general utility.
First floor: Commissioners' office, 18 by 283 feet. Record room attached, 15.7 by 19.4 feet, and private room attached, 11.4 by 15.7 feet. Recorder's office, 47 by 17 feet; record room attached, 31 by 36 feet. Private room attached, 17 by 13 feet. Other offices are of similar average size and arrange- ment.
Second floor: Contains one court-room, 48 by 56 feet; acoustics very bad. Also one court-room, 24 by 40 feet. There is no other court-room in the building, and none that could be used for holding court. Neglected to note the num- ber of jury-rooms, but recall four designated as such, with two, perhaps three, that could be used as such. The building contains no provision for law library nor bar association room, and no judge's room, although Judge Mestrezat is now using the men's waiting-room connected with the small court- room as his office, but expects soon to move into a separate building of his own across the street.
Cost: Court-house complete, including $12,000 for land
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condemned, $310,000. Jail, separate contract, $108,000. Total cost, $418,000.
While court-house looks well outside, the inside finish and workmanship are somewhat disappointing; the woodwork ap- peared to lack finish, and the workmanship appeared rather inferior. The building is damaged in a number of places by leaks in the roof. The tile floors in main corridor and halls are loose and broken in a number of places.
The provision in the various offices for record books and indices is not sufficient, apparently, for future growth without becoming hampered for room.
While neither commissioners, judges, nor citizens would express dissatisfaction with the building, it was evident that all felt a necessity for at least one more court-room. If necessity for it arises, it will be difficult to arrange for; the building is so constructed that it cannot be arranged for inside of the building, and the present structure is so placed on the lot that room could scarcely be found to place it; besides, such additions would sadly mar the external appearance.
ALLEGHENY COUNTY COURT-HOUSE.
Population of Allegheny County 1884, about 500,000. Assessed valuations, county purposes, 1884, $249,779,924. Contract price, court-house and jail, $2,450,284.56. Paid for ground for jail, $162,200.
Actual cost complete, $2,612,434.56.
J. C. Mercer, chairman board of county commissioners: "We are crowded for space. When we built (1882-84) everybody thought we had provided for our needs for the next fifty years, and already we have used up all our surplus room. Legal business is now one year behind, and we need another court, Common Pleas No. 4, and have no place to put it, unless we move somebody or something out, or get accommodations outside. We own the University property across the street, and within a few years we will have to build additional court and office rooms there, or put an additional story on our
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