USA > South Dakota > Minnehaha County > History of Minnehaha county, South Dakota. Containing an account of its settlements, growth, development and resources Synopsis of public records, biographical sketches > Part 39
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The department had its beginning in a bucket brigade about the time of the village incorporation. The exact date of its organization we are unable to give, as the records have been lost. A fire alarm bell weighing 2,600 1bs. which is still in use, was received in October, 1884.
Captain E. Parliman was the first fire chief, and served until May, 1883; Mark Bridge, May, 1883-5; John Hutchinson, May, 1885-7; C. T. Jeffers, May, 1887-8; H. M. Avery, May, 1888 to January 1892; Jerry Carleton, 1892-5; P. W. Mckeever, 1895-7; J. N. Carpenter, 1897; Andrew J. Carlson, 1898; James M. Tatman, 1899.
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HISTORY OF MINNEHAHA COUNTY.
Before the construction of the waterworks, a Silsby fire engine had been purchased which is still retained, and in September, 1893, a Champion double tank chemical engine was procured for the depart- ment.
In 1889, the Gamewell fire alarm system was procured by the city, and there are fifteen alarm boxes, connected by about ten miles of wire, of which James L. Robbins had charge until 1898.
ANNUAL PARADE OF SIOUX FALLS FIRE DEPARTMENT.
The department has a hook and ladder company, a two-horse combination hose wagon, and several hose companies, besides the chemical company, now in active service, with 128 active and 138 exempt members.
Since the waterworks were located north of the city, the fire pres- sure has been all that could be desired, and the chemical engine being always ready for service, all ordinary fires occurring in the city have been extinguished in short order.
LOCAL INDUSTRIES.
WEBBER & HAWTHORN GRIST MILL .- The first enterprise mak- ing use of the water power at Sioux Falls, that was carried to a suc- cessful completion, was the Webber & Hawthorn grist mill, which commenced operation in May, 1873. It was located on the east bank of the river below the falls, and the wheel pit of the polishing works is now located in the same place as the wheel pit of this mill. The basement was built of stone and the superstructure was of burr oak. When this mill commenced operation it was thought to be a great thing for Sioux Falls, and it was a matter of great convenience to the people residing within a radius of ten or fifteen miles of its loca- tion. It was a paying enterprise while it existed, but the high water of 1881 carried it bodily down stream.
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HISTORY OF MINNEHAHA COUNTY.
CASCADE MILL .- In September, 1877, Isaac Emerson, E. A. Sherman and J. G. Botsford purchased the water power and five acres of land on the east side of the river north of Eighth street. The building of the dam was commenced the 3d day of October, 1877, and was constructed in the most substantial manner. The fol- lowing year the mill was built, and the manufacturing of flour com- menced in September. It has been a financial success from the be- ginning. After it had been operated about three years by the parties who built it, Mr. Botsford sold his interest to George E. Wheeler, who has since been its manager and treasurer. In 1887, the electric light plant was purchased by the proprietors of the Cas- cade Mill, and the Cascade Milling Company was incorporated with a capital of $150,000, but the ownership of the property practically remained unchanged. It has always been conducted on business principles, and stands at the head of the list of successful manufac- turing industries of South Dakota.
QUEEN BEE MILL .- In August, 1879, the construction of the Queen Bee Mill was commenced, and the enterprise in its results has been a notable one. The money for its construction was fur- nished by eastern and English capitalists, and there was no lack of funds at the command of the superintendent of construction to build the finest flouring mill on the continent. The building is of stone, 80 by 100 feet from the foundation to top of walls. There are six stories beside the basement. The materials used in finishing the inside of this building were the best that could be procured for the purpose, and the workmanship excels in finish that of any other manufacturing structure in the Northwest. Its design was a marvel of accuracy, and when the building was completed and ready for the placing of the machinery, nothing but the latest, most improved machinery was purchased to equip this remarkable mill. To enum- erate and describe the machines put in this building would take too much space, but some idea of its completeness when ready to be operated can be imagined when it is known that there were ten miles of belting, eight of spouting, three of conveyors and two of elevators. But this does not represent all the expense incurred in this project. An extensive elevator and warehouse were built, and to get the proper head of water a canal was blasted through the rocks a long distance and the water conveyed to the wheel in an iron tube seven feet in diameter. On the 25th day of October, 1881, everything being completed, the water was turned on the eight hundred horse- power turbine wheel, and the first wheat was ground. Col. J. H. Drake was president of the company at that time, and C. W. Hub- bard superintendent. After a few months E. Elwell became the manager. But notwithstanding the expenditure of nearly a half a million dollars upon this enterprise, which promised so much for the City of Sioux Falls and the County of Minnehaha, its operation re- sulted in loss instead of profit. The water power was insufficient to operate it, except for a short season in each year, and the supply of wheat that could be obtained at a reasonable cost was inadequate to meet its capacity. It ceased operation early in 1883, and the whole plant was attached on the 20th day of April of that year to secure an
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indebtedness of $97,000. Since then the title of the property has passed into other hands than its original owners, and the conundrum "what will be done with it" is no nearer being solved than ten years ago.
POLISHING WORKS .- The polishing works were built by J. H. Drake of St. Paul, in 1883. They are located in the city of Sioux Falls on the east bank of the river, at the foot of the falls. They were not completed until the following year, when they were fully equipped for business on an extensive scale. Two very large polish- ing beds were put in August 11, 1884, having the capacity to polish 450 feet of surface at once. Some very fine work was done in polish- ing jasper and chalcedony. The cost of the entire plant was about $75,000, and for some years after it commenced operation bid fair to pay a good dividend, but the hard times and other unforseen obsta- cles stood in the way of its success, and for awhile it seemed as though it would remain a companion piece to the Queen Bee mill, but recently it has been in operation although upon a much smaller scale than at first.
PORK PACKING HOUSES .--- About the 15th of October, 1883, a copartnership was entered into between E. G. Smith and A. B. Clampit of Sioux Falls, for the purpose of engaging in the business of pork packing. A pork packing house was built on the east side of the river between Eighth and Tenth streets, and before the season was over $40,000 had been paid out for hogs. The following March the junior member of the firm retired.
The business had barely commenced before complaints were made to the city authorities that the establishment was a public nuisance, and notwithstanding every precaution was taken to con- duct the business so as to inconvenience no one, its location was such that the city authorities ordered its removal. During the summer of 1885, the house was taken down, and a new establishment was built by E. G. Smith & Co., on the east bank of the river below the falls, with a capacity of 250 hogs daily. During the following season a large business was done, and at the end of March, 1886, 8,500 hogs had been slaughtered. On the 30th day of October of that year, the buildings of the company were totally destroyed by fire. The loss was estimated et $25,000. Major Smith, who had been the manager of the business from the time it started, went to work at once to secure the capital necessary to rebuild, and during 1887 erected upon the old site the buildings now standing there. For some time a large business was done, but in some way the firm became financially embarrassed and ceased doing business.
THE SIOUX FALLS STOCK YARD COMPANY .- During the summer of 1889, R. F. Pettigrew conceived the plan of establishing extensive stock yards and a packing house at South Sioux Falls. The Sioux Falls Stock Yard Co., was incorporated with a capital stock of $500,000, and about one thousand acres of land purchased and put into the corporation at a valuation of $200,000. September 25, of that vear, work was commenced on the buildings which are located near the center of the southeast quarter of section 25, in the township of Wayne. R. F. Pettigrew was president, A. J. Pettengill, aresident
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of Portland, Me., who had taken quite a block of stock, was vice president and general manager, S. L. Tate secretary, and C. C. Carpenter treasurer of the corporation. Mr. Pettengill came to Sioux Falls in 1890, and during that year pushed the construction of the buildings as rapidly as possible. But the company became finan- cially embarrassed, and although about S370,000 of improvements had been made, the company was compelled to suspend work, and the enterprise was in a dormant condition until 1895, when Mr. Petten- gill reorganized the company with a capital stock of $2,000,000 under the name of
THE NORTHWESTERN PACKING COMPANY .- This company added 1800 acres of land at a cost of about 566,000, and proceeded to com- plete the buildings, putting in all the machinery necessary to make it one of the most complete packing house plants in the country. But notwithstanding this great expenditure of money - making the entire cost of the plant about $890,000-the company for some reason permitted the plant to lie dormant. During the spring of 1899, this property passed from the control of the Northwestern Packing Co., and the new owners reorganized under the name of the
A. LESTER HEYER PACKING COMPANY, and commenced at once to put the buildings and machinery in proper condition for active work. On Tuesday, July 18, 1899, the machinery of this great plant was put in operation, and one hundred and fifty hogs were killed, and the success of a great industry with all its accessories assured.
SIOUX FALLS BREWERY .- The Sioux Falls Pantagraph in its issue of October 7. 1873, stated that John McClellan had sold four lots on the side hill to Messrs. Krudnig and Foerster of Yankton, on which they would commence the erection of a brewery as soon as materials could be procured for that purpose. These lots were located near by, if not the same lots now occupied by Heynsohn Bros., but no attempt was made to build a brewery upon them. In an issue of the same paper of August 29, 1874, we find the following item: "Parties are now engaged in building a brewery, and will have it completed so as to offer the genuine lager by Christmas." and that "Knott and Nelson arethe names of the gentlemen building it." The boiler reached Sioux Falls October 27, 1874. About Jan- uary 20, 1875, the firm of Knott & Nelson was dissolved by mutual consent, S. S. Nelson retiring; and C. K. Howard became associated with Mr. Knott, first under the firm name of George A. Knott & Co., and then the parties incorporated as the Sioux Falls Brewing Com- pany.
The business was conducted for several years by this firm, with a capital stock of $40,000, George A. Knott taking $15,000 of the stock, C. K. Howard $15,000, and the officers of the First National Bank of Sioux Falls the balance. Mr. Knott was the general man- ager of the business until the affairs of the company became involved in litigation in 1886.
In January, 1886, R. J. Wells became president and W. F. Fur- beck cashier of the First National Bank of Sioux Falls. The bank got into trouble during the month of January, owing to complications
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,arising from issuing to C. K. Howard, county treasurer, the famous cashier's check of $16,571.61, and it became necessary for the bank to make some changes in the securities it held. Among those it de- cided to dispose of, was the brewery stock it owned and held as col- lateral. On the 17th day of February, 1886, a contract was made be- tween the bank and Moriz Levinger, the bank selling to Mr. Levin- ger all the personal property outside the city of Sioux Falls belong- ing to the Sioux Falls Brewing Company, Mr. Levinger agreeing in consideration of such sale, to pay the bank in cash $2,000, March 3, $2,000, April 3, $1,000, June 3, $1,500, and July 3, 1886, $2,500. Upon the cash payment being made the bank agreed to make a good and valid assignment of three hundred and twenty-five shares of the cap- ital stock of the brewing company to Levinger.
Levinger agreed to purchase all the real estate belonging to the company, and to pay for the same $20,000, within eighteen months from date of contract, the bank then holding a mortgage on said real estate in the sum of $20,000, agreed to foreclose the mortgage and procure for Levinger a good and valid sheriff's deed of the same. The bank also agreed to save Levinger harmless from all indebted- ness of the brewing company. This contract was signed by Wells and Furbeck in their official capacities. The capital stock of the brewing company was divided into 400 shares of $100 each, and the bank claimed to own 325 shares. Levinger made the cash payment of $2,000, executed and delivered his notes to the bank for the ser- eral sums specified to be paid on the third days of March, April, June and July, and went into possession of the brewery.
Soon after this, the condition of the bank became more and more embarrassed, and a receiver was appointed March 11, 1886, who took possession March 31. When the March payment became due, Lev- inger tendered the bank officials payment and demanded his note, but the bank owing to its attachment or other disposition of the note was unable to produce it.
This mortgage of $20,000 was assigned to P. P. Peck before the receiver took possession, and he brought foreclosure proceedings, making the Brewing Company, W. F. Furbeck, J. Leslie Thompson as receiver, and Moriz Levinger defendants.
It was an interesting law suit. Boyce & Boyce appeared for Peck, McMartin and Gamble Bros. for Receiver Thompson, and Bailey & Davis and H. H. Keith for Levinger. The attorneys for the receiver acted with Boyce & Boyce, both opposing the claim of Levinger.
Before the case was tried, Levinger had paid $5,000 to third par- ties to whom his notes had been assigned by the bank, and had also been compelled to pay several thousand dollars of the indebtedness of the brewing company that the bank had agreed to pay.
Levinger in this action demanded judgment that his interest in the premises be declared superior to that of the plaintiff; that he be entitled to all beneficial interest in said mortgage; that the bank by its receiver be required to specifically perform said contract, or to account to the defendant for all monies received thereunder, and that the same be applied as a set-off or counter-claim in reduction of the mortgage debt, and that the plaintiff 's action be dismissed.
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HISTORY OF MINNEHAHA COUNTY.
This case was on the calendar of the supreme court of the terri- tory at its February term in 1888, and was argued by the attorneys at that time. The supreme court held that the contract entered into "was against public policy and could not be enforced by specific per- formance, nor allowed to be declared upon by way of recoupment."
At the May term, 1888, a rehearing was granted as to the right of Levinger to recover the money paid under the contract. Again the court declared the contract against public policy and one which a court of equity would not lend its aid to enforce specific perform- ance.
In a great many cases new trials have been granted and judg- ments reversed upon newly discovered evidence, but in this case, after the second hearing before the supreme court, Park Davis dis- covered some new law, or in other words, found that a contract, sim- ilar to the one that had been declared to be against public policy by the supreme court of the territory, had been held not to be against public policy by the supreme court of the United States. Davis took this decision and went to Yankton to see Chief Justice Tripp, who, upon reading the case, remarked that "either the supreme court of the territory or that of the United States was in error in the mat- ter." At that time, to obtain a rehearing, it was necessary first to obtain the indorsement upon the petition for the rehearing of one of the judges who had concurred in rendering the decision sought to be reviewed. Judge Tripp, upon being asked for his indorsement for a second rehearing, said he would do so if one of his associates would also indorse the petition; that it was not usual to grant a second re- hearing, and that he would not like to assume the responsibility of doing so alone. However, he did indorse it, with the understanding that another judge's indorsement should also be procured. Judge Spencer was applied to, who upon reading the decision of the United States supreme court indorsed the petition.
The case came on for hearing upon the petition at the October term of the supreme court at Deadwood, at which time the most elab- orate brief was presented on the part of the petitioner. The court declined to grant a new hearing upon the ground that it would be a bad precedent under any circumstances to grant a second rehearing, but the chief justice stated to Mr. Davis that he hoped the case would go to the supreme court of the United States, and that if the brief presented at that time had been presented at the first hearing it was quite likely the case would have been decided the other way. The case was then appealed to the supreme court of the United States.
This put a new phase upon the case, and it was not long before a settlement was made of the whole matter, much to the satisfaction of Levinger and Kaufman.
Another piece of litigation in connection with the brewery was an attempt made by some of the stockholders to have a receiver ap- pointed a few months after Levinger had taken possession of the property. The proceeding was commenced by C. O. Bailey, and Bailey & Davis and Judge Parliman were employed by Levinger and Kaufman to resist the appointment. The grounds upon which the
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application was made were numerous charges of fraud on the part of Levinger and those associated with him in conducting the business. The case was fought vigorously, but finally resulted in the defeat of the stockholders.
A very few days after Thompson had taken possession of the bank, a large block of the stock of the brewing company was found to be in the possession of Jacob Schaetzel, Jr. An action was brought in the nature of trover, to recover of Schaetzel for the alleged con- version of 150 shares of stock of the brewing company, demanding a judgment for $25,000. This stock the plaintiff claimed belonged to the bank, that it had been assigned to it by George A. Knott as col- lateral for his indebtedness to the bank. Schaetzel claimed that he had only 100 shares of the stock sued for, and that it had been turned over to him by the bank as security for services rendered the bank by him; and that he had transferred the stock to Levinger under the con- tract made by the bank with Levinger, and that Levinger had paid the bank, and that this contract had been ratified by the receiver.
This case was tried to a jury at a term of the district court in Minnehaha county, T. B. McMartin appearing for Receiver Thomp- son and C. O. Bailey for Schaetzel. It was fought vigorously by both parties, resulting in a verdict against the defendant. An ap- peal was taken to the supreme court, and H. H. Keith was retained with C. O. Bailey. The case was reversed and remitted for a new trial, but was afterwards settled.
In September, 1890, proceedings were commenced in the circuit court of Minnehaha county, to abate the brewery as a liquor nuisance under chapter 101, sections 1 and 13, of the session laws of 1890. The writer, then state's attorney, refused to act in this case, as the firm of Bailey & Davis had given a written opinion in March pre- ceding, to the brewery company upon the question whether the brewery could be interfered with under the nuisance provisions of the law. W. A. Wilkes, employed by the Law and Order League, ap- peared as prosecutor in behalf of the state, and Judge Carland ap- peared for the defendant. Judge Aikens declared it to be a nuisance, but the defendant appealed, a stay was granted and bond given and the case went to the supreme court. While this case was pending. new proceedings were commenced against the brewery as a nuisance, but were never prosecuted to the end.
At the hearing of the case before the supreme court, Robert Dollard argued the case on the part of the state and Judge Carland in behalf of the defendant. The opinion was handed down March 3, 1894, and the syllabus of the decision is as follows:
Under a statute which does not specifically name the liquors the sale of which as a beverage it prohibits, but considers and holds all liquors intoxicating which are spirituous, malt, vinous, or fermented, as well as all mixtures thereof which will produce intoxication, the malt or intoxicating quality of beer, when in question, should be shown by the evidence, the weight and sufficiency of which is for the court or jury, as the case may be.
It being a matter of general knowledge that there are varieties of the beverage denominated " beer," and used in this state, that contain no malt and are not intoxicating, we hold that the term " beer," in the absence of evidence as to its quality or effect, does not import an intoxicating liquor.
In the absence of a statute declaring that " beer " shall be deemed an intoxicating liquor, the
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mere statement of the witness that they bought beer, without any evidence as to the purpose for which it was bought, or that it contained malt, or of its effect upon persons using it, or of the manner in which it was made, is not sufficient to show that it was intoxicating; and a court will not take judicial notice that beer so sold was a malt or intoxicating liquor.
The opinion was written by Justice Fuller, and in closing he said: "For the reasons we have mentioned and upon the authorities examined, we conclude, that the judgement and decree of the trial court should be reversed."
The foregoing comprises a brief synopsis of the management of this institution and the obstacles that have stood in the way of its success. The first year the quantity of beer manufactured was 250 barrels, the second year 500 barrels and the third year 1,500 barrels. The last year it was under the management of Mr. Knott the output was nearly 10,000 barrels. Since the brewery came into the hands of Levinger and Kaufman expensive improvements have been and are now being made, and the quantity of beer manufactured has been constantly increasing.
THE SIOUX FALLS WATER WORKS .- April 8, 1884, W. S. Kuhn of Pittsburg, Pa., submitted a proposition in the form of a contract to the city council for the establishment of a system of water works in Sioux Falls. Prior to this time the project had been presented to the council by Mr. Kuhn, and it was evident that he desired to obtain a contract from the city, and it was also evident that the city author- ities were anxious to have a system of water works constructed as soon as possible. Mr. Kuhn did not then know as much about water works as he does at this writing, and there were no water experts on the council. The Daily Press of April 9, printed the proposed contract, and requested the citzens "to scan it closely," and advise the aldermen whether or not in their opinion the contract should be accepted. The evening of the 9th the council met, and after consid- erable discussion the question was put to a vote. Aldermen P. P. Peck, John F. Norton, N. E. Phillips, True Dennis and George A. Knott voted in the affirmative, and C. S. Bowen and H. M. Stearns in the negative-M. Grigsby absent. The council then instructed Mayor Schaetzel and Clerk Holt to sign the contract in behalf of the city.
By the terms of the contract the work was to be commence on or before June 1, and completed on or before October 15, so as to be in full operation by November 1, 1884. It was also understood by all the parties concerned that the water would be taken from the Sioux river, although the contract required that "pure water for ordinary house use" should be furnished.
The works were completed on time. On the 8th day of October, 1884, in the language of the Press "the water works' smoke-stack belched forth its first puff of smoke." From this time a series of complaints arose from the people of the city against the water works. They claimed that the water was impure and unfit for use; that the fire pressure was inadequate; mains burst and flooded cellars; hy- drants froze up; the tank overflowed-and worst of all-that the use of the water had caused an epidemic of typhoid fever. In short, noth- ing was right and everything wrong, and to such an extent were the
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