History, Winnebago County, Wisconsin: Its Cities, Towns, Resources, People, Part 60

Author: Publius Virgilius Lawson
Publication date: 1948
Publisher: Chicago : C.F. Cooper
Number of Pages: 773


USA > Wisconsin > Winnebago County > History, Winnebago County, Wisconsin: Its Cities, Towns, Resources, People > Part 60


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2h 08m 09s 1 2h 11m 29s


2h 02m 02s 2h 48m 08s


2h 09m 09s . . 2h 15m 12s


"Charlotte," Pine Lake Y. C.


2h 02m 24s 2h 46m 21s


2h 10m 24s 6 2h 13m 55s Winners : First race, "Glyndor; second race, "Glyndor"; third race "Glyndor"; fourth race, "Alpha"; fifth race, "Winne- bago."


Class B Yachts.


"Baraconta," W. Bear Y. C.


2h 19m 43s 2h 49m 27s 2h 19m 43s 1 1h 58m 45s


"Pathfinder," Minnetonka Y. C.


2h 24m 03s 2h 50m 59s 2h 18m 19s 2 1h 56m 20s


"Priscilla," C. Bluffs Y. C.


2h 18m 09s 2h 54m 39s 2h 23m 09s


2h 05m 54s


"Oshkosh, Jr.," Oshkosh Y. C.


2h 22m 59s 2h 06m 31s 2h 26m 07s . 2h 00m 54s


"Leneothia," Mendota Y. (". 3h 06m 41s 2h 27m 45s . . 2h 08m 22s


"Flying Fox III," Fox Lake Y. (.


3h 10m 17s 2h 27m 23s .. 2h 00m 22s


"Klickitat." Lake Geneva Y. C. 2h 31m 23s


Winners : First race. "Priscilla"; second race. "Baraconta": third race. "Pathfinder"; fourth race, "Baraconta"; fifth race. "Pathfinder."


2h 10m 51s ,


5 2h 06m 51s


.


633


RECORD OF YACHTING, RACING, ETC.


For Felker cup, August 16, 1905. Elapsed time, Class A yachts : "Winnebago," Nodaway Y. C., 2h 05m 13s; "Glyndor," Oshkosh, 2h 05m 31s; "Albatross," Pewaukee, 2h 08m 498; "Patts," Pistakee, 2h 11m 23s; "Alpha," White Bear, 2h 08m 03s; "Warrior," Lake Geneva, 2h 10m 10s; "Charlotte," Pine Lake, 2h 07m 32s. Class B-Yachts : "Baraconta," White Bear 2h 07m 03s; "Wakikita," 2h 08m 39s; "Glyndor," Oshkosh, Class A, Captain W. H. Bray, won championship I. L. Y. A. on points. "Baraconta," White Bear, Class B, won championship I. L. Y. A. on points. "Winnebago," Nodaway, won Felker cup.


1906. The O. Y. C. elected the following officers for the fol- lowing year : Commodore, Louis Schriber; vice-commodore, D. D. Harmon, Jr .; vice-commodore, G. A. Buckstaff; fleet captain, Rex Hollister; secretary, J. J. O'Brien; treasurer, O. F. Crary, Jr .; measurer, James Jones. Regatta Committee : D. D. Harmon, Leo Eaton and E. J. Phillips.


The Butte des Morts Y. C. was organized this year, and gave two races, August 24, 1906, for Clark-Hollister challenge cup. Class B-Elapsed time : Yachts : "Gopher," White Bear, 2h 13m 558; "Sylvia," Iotos, St. Joseph, Mich, not taken; "Rapid Water," Oconomowoc, 2h 30m 45s; "Terrier," Minnetonka, 2h 14m 12s; "Twenty-three," Butte des Morts, 2h 14m 22s; "Pottawato- mie," Council Bluffs, Omaha, not taken; "Ohiyesa," Minnetonka, not taken. "Gopher" won the challenge cup. August 25, 1906, for Sawyer challenge cup. Class A, elapsed time. Yachts : "Troubadour," White Bear, 2h 06m 54s; "Glyndor," Oshkosh, 2h 07m 58s; "Skiddoo," Butte des Morts, 2h 10m 37s; "Minne- tonka," Minnetonka, 2h 11m 30s; "Alberta II," Nodaway, 2h 14m 37s; "Patts II," Pistakee, 2h 15m 45s. "Troubadour" won challenge cup.


August 27, 1906, race for Felker cup. Class A, elapsed time. Yachts: "Glyndor," 2h 15m 06s; "Minnetonka," 2h 11m 56s; "Skiddoo," 2h 13m 21s; "Troubadour," 2h 10m 56s; "Alberta II," 2h 19m 51s; "Patts II," 2h 22m 32s. "Troubadour" won Felker cup.


Class A, I. L. Y. A. Association Races.


Elapsed Time.


Aug. 29. Aug. 30. Aug.31.


1st Race. 2d Race. 3d Race.


Yachts.


"Troubadour" 2h 06m 50s


1h 27m 37s 2h 12m 10s


634


HISTORY OF WINNEBAGO COUNTY.


"Glyndor" 2h 13m 28s 1h 29m 11s Not taken.


"Minnetonka' 2h 22m 11s 1h 31m 28s 2h 13m 418


"Patts II" 2h 29m 23s 1h 37m 50s 2h 27m 54s


"Skiddoo" .2h 15m 13s 1h 31m 25s 2h 10m 43s


"White Heather" .Broke down 1h 36m 11s Capsized


"Alberta II."" 3h 02m 11s 1h 36m 52s


Winners : "Troubadour," first and second race; "Skiddoo," third race.


Class B Yachts.


Aug 27. Aug. 28. Aug. 29. Aug. 30.


1st Race. 2d Race. 3d Race. 4th Race.


"Twenty-three"


. . 1h 55m 54s 2h 16m 33s 1h 39m 49s 2h 06m 19s


"Gopher" 1h 57m 44s 2h 15m 56s 1h 40m 27s 1h 57m 31s


"Terrier" 1h 58m 35s 2h 20m 42s 1h 41m 05s 1h 59m 43s


"Pottowatomie" .2h 53m 00s 2h 19m 52s withdrawn


"Rapid Water". .2h 08m 37s did not start


"Ohiyesa" 2h 09m 00s 2h 23m 08s 66 1h 59m 48s


"Silvia" 2h 17m 14s 2h 27m 52s


Winners: "Twenty-three," first and third races; "Gopher," second and fourth races.


"Troubadour" won in Class A on points; "Gopher" won in Class B on points.


1907. The O. Y. C. elected the following officers for the ensu- ing year : Commodore, W. M. Bray; vice-commodore, D. D. Har- mon, Jr .; vice-commodore, G. A. Buckstaff; fleet captain, W. G. Maxey; secretary, J. J. O'Brien; treasurer, O. F. Crary, Jr .; measurer, Jas. H. Jones. Regatta committee : W. J. Maxey, E. Phillips, C. Hollister, Jos. Fitch and F. F. McNichol.


August regattas-Felker cup and I. L. Y. A. as they finished.


Class A Yachts.


Aug. 19. 20th. 21st. 22d. 23d. I.L.Y.A. I.L.Y.A.


Yacht. Club.


"Black Point," L. Geneva. 6 No race. 5


3 2


"Minnetonka." Minnetonka. 2


2


2


4


"Oodiko," Neenah. 1


1


6


. .


"Glyndor," Oshkosh. 3


7


7


. .


"Patts II," Pistakee 5


6


5


. .


"Troubadour." White Bear. . .


4


66


4


1


1


"('lhosa." Butte des Morts. 7


3


4


. .


635


RECORD OF YACHTING, RACING, ETC.


Class B Yachts.


"Show Me," Lotus Y. C .. 5 5 No race. 3 . .


"Buccaneer," Minnetonka. 1 1


4 2


"Gopher," White Bear. 3 4


2 1


"Twenty-three," B. D. Morts .. 2 3


. .


4


"Virginia," Oshkosh. 4 2 66


1 3


"Troubadour," of Whilte Lake, won Class A on points. "Go- pher, " of White Bear, won Class B on points.


The Power Boat Club of Oshkosh was organized in 1907, with the following officers : Ed. Ihrig, vice-commodore; Arthur Ehr- mann, secretary ; H. L. F. Gibson, treasurer. There are over 150 power boats in the fleet on Lake Winnebago, and some of them attain a speed of twenty-five and thirty miles an hour.


LI.


GOVERNOR COLES BASHFORD OF OSHKOSH, AND THE CELEBRATED CONTEST OVER ELECTION FRAUDS FIFTY YEARS AGO.


One of the historic incidents which once threw the whole state into the most intense excitement and over which war was barely averted, was the contest of the new Republican party, then barely a year old, to win the state election in the fall of 1855, over the ancient and firmly seated Democratic party.


The Republican party originated at Ripon, Wisconsin, only a few miles from the line of Winnebago county. Pursuant to a call published in the "Ripon Herald," a mass meeting was held at the old Congregational church, February 28, 1854, to discuss the "Nebraska Swindle," resulting in vigorous resolutions against the passage of the "Kansas-Nebraska Bill" by Congress, and in favor of organizing a new political party. "Such an one as the country has not hitherto seen, composed of Whigs, Demo- crats and Free Soilers," to accomplish its repeal if passed. Three days previous to this meeting, Hon. Alvan E. Bovay, its moving spirit, wrote Horace Greeley, suggesting a new party under the name "Republican." It becoming evident that the bill would pass Congress, a second meeting was held at the little brown school house, still standing opposite the High School, but now a residence. Here resolutions were passed forming a new party, but no name was given to it, as, acting on the advice of Bovay, it was thought the meeting was too small to name a party. Soon after effect was given to the purpose of the meet- ing by the mass meeting held at Madison. At all the elections held afterward in the state the party placed candidates in the field for election, with unusual success. The excitement of these days before the war helped to its success.


The Republican state convention met at Madison September 6, 1855, and nominated Hon. Coles Bashford of Oshkosh for Gov- ernor. The Democratic convention had met in August and re- nominated William A. Barstow for a second term as Governor. After the election the state board of canvassers had given the


636


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GOVERNOR COLES BASHFORD.


637


certificate to the whole Democratic ticket; and William A. Bar- stow a majority of 157 votes over Coles Bashford. The can- vassing board found that 72,598 votes were cast for Governor, of which William A. Barstow received 36,355, Coles Bashford 36,198. This represented the followers of each banner as quite equal and exhibited a vigorous following for the young party. The notorious frauds perpetrated in counting in William A. Barstow as Governor was bound to be resisted and rebuked by a mass of voters, who were equal to half of the people of the state.


Hon. Coles Bashford was a resident of Oshkosh and practiced law there, during his whole life in this state. His old home still stands in Algoma, long since occupied by the late Robert McMillan. Coles Bashford died in Tucson, Arizona, April 25, 1878, at 63 years of age. He was born in Putnam county, N. Y., January, 1816; educated at Wesleyan Seminary at Lima, N. Y .; admitted to practice law in 1841; and served as District Attor- ney of Wayne county, New York, 1847-50, when he resigned and moved to Oshkosh, where he was elected to the state senate of Wisconsin 1852-5, when he resigned, and in the fall of 1855 was elected Governor of Wisconsin. In 1863 he removed to Arizona, where he was elected to Congress, and thereafter held the high offices in the Territory of Attorney General, again Delegate to Congress, and Territorial Secretary, all with distinc- tion and honor.


It is apparent now that the administration forces were aware of the election of Coles Bashford as Governor, though the bal- ance of the Democratic ticket was elected, and for this reason the canvassing board accepted a series of illegal "supplemental reports and statements, in order to declare Barstow elected Gov- ernor, and he was given the certificate of election. In the mean- time before the inauguration evidence of the frauds perpetrated came to Bashford from many quarters, and the press made use of it to publish the news broadcast, creating great excitement.


By the vote actually cast for Coles Bashford, as shown in the exhibit made out from the evidence by E. G. Ryan, of coun- sel for him in the case his majority was 1,009. Some of the frauds may be mentioned. Of the supplemental returns, Mr. Ryan says : "From the middle of November till the state canvass on the 15th of December, the great question was, "Who is elected Governor ?" It was nip and tuck between the candidates. It would have puzzled our old friend in Milwaukee, now dead,


638


HISTORY OF WINNEBAGO COUNTY.


to say whether the dog was ahead or not .. On the 13th and 14th of December, the two days next preceding the canvas, after all the official returns had been in some days, lo and behold a shower of supplements comes in-a most providential supple- mentary shower! We at our homes were in doubt. You and I and this audience here were at our respective homes in doubt. Some were confident that one man was elected, some the other. Some were "backing up their opinions," as the phrase goes. But there was one of the parties to this contest who know pre- cisely how the matter stood. He saw the returns as they came in. He was not in doubt. Was it not most intensely provi- dential, or is it not most intensely suspicious, that this shower of supplements came in on the last two days, and changed the entire result ?


Gilbert Mills, Dunn County .- The whole vote of the county of Dunn, as returned by the county canvassers, was 27 for Bar- stow. 28 for Bashford. Attached to this was a statement made by fictitious persons, purporting to show an election at Gilbert Mills, Dunn county, which gave Barstow 53 votes and Bashford 14 votes. No election was held there, though three families lived there. This was read in connection with a supplemental return from Spring Creek, Polk county. Also attached was a supposed return from Menominee, Dunn county, two miles dis- tant from Gilbert Mills, purporting to show Barstow received 41 votes and Bashford 1. The original was filed with the secretary of state November 28, the supplement December 14. This also was a fraudulent return, falsely made.


Spring Creek, Polk County, gave Barstow 107, Bashford 13. It was in the same handwriting as the Gilbert Mills return. The paper on which the two were written was the same kind. a peculiar small white cap, stamped "Plymouth." the water mark exactly corresponded, and the peculiar phraseology of the certi- ficate was identical where it departs from the language of the statute. The two half sheets matched, showing they had orig- inally been one sheet and torn apart. All the names on both were fictitious. The original return from Polk county gave Barstow 42, Bashford 7. By this false return Barstow had 149 and Bashford 20. The Spring Creek and Gilbert Mills return. though purporting to be written 100 miles apart. had scratched out the word "inspector" and inserted the word "clerk" in the same handwriting. There was no such place as Spring Creek. and no election held there.


639


GOVERNOR COLES BASHFORD.


Bridge Creek, Chippewa County .- The original return of the county canvassers gave Barstow 24. Bashford 54. Attached was a supplemental certificate from Bridge Creek, giving Barstow 97, Bashford 23. This was written on the same kind of paper as the fraudulent Spring Creek and Gilbert Mills returns, and all in the same handwriting. There was from one to four people in the whole Bridge Creek country. There was no such town, only a creek crossing the county. No election there, no town organi- zation or people to make one.


Town 25, Range 10, Waupaca County, gave Barstow 83, Bash- ford 7. filed with secretary of state one day before state canvas. This was also made out on the same kind of paper as the fraud- ulent returns from Spring Creek, etc. The evidence of wit- nesses who knew the location of the township show it was an uninhabited forest, without roads, town organization or voters, or houses, and no election was held there.


"These returns are mere papers. They bear upon their face throughout plain. palpable, unmistakable evidence of fraud and forgery, three of them are in the same handwriting, two of them were clearly written by some man at the same 'desk, upon the same quire of paper with the same pen, copying one from the other," says Mr. Ryan.


The county canvassers of Waupaca county claimed the vote for Waupaca town gave Barstow 543, Bashford 59, though only 521 votes were cast. The paper on which the vote was set down by the clerks as the ballots were counted was left by the clerks on the table in the hotel where they canvassed the vote and was picked up by the hotel keeper. who kept it. and offered it in evidence. It showed the vote to be Barstow 288, Bashford 219. "The evidence was conclusive. The frauds were the most gross, glaring and barefaced that ever came under his notice. The total vote for Governor was increased 95 votes. The witnesses are Waupaca men. They would not be likely to under-estimate the population of their village. They estimate it at from 800 to 1,000, and the aggregate vote is 507. The old rule used to be one vote to five people; in Waupaca it seems to be five votes to one people. This is the largest proportion of free white adult males that I have ever heard of in any community. The people of Waupaca village 'brag' 507 votes, and the state canvassers, not content with this, go 95 better! This raised the aggregate vote for Governor from 507 to 602. This increase, however, is comparatively moderate-only about 20 per cent. Moderation


640


HISTORY OF WINNEBAGO COUNTY.


itself when we compare it with the entire unkindness of the division. They raise Mr. Barstow's vote from 288 to 547, and diminish Mr. Bashford's from 219 down to 59. I do not know what per cent this is-I have not figured it up, but certainly it is most enormous; and the proof of it is of the most positive character, the testimony, under oath, of witnesses present at the election and the town canvas."


"The state canvassers had reduced Bashford's majority in Outagamie county sixty. They went from the written statement of the vute, from the legal return to the unauthorized tabular statement on the back, and finding there some clerical error, by which Bashford's vote was reduced from 474 to 414, they adopted it. The footings of the tabular statement when added fall just sixty short of the written statement in the authorized return of the aggregate vote of the county, and those sixty votes were deducted from Mr. Bashford's majority.' They went from the legal evidence to that which was no evidence. That one act-and I say it solemnly and earnestly-wears the worst aspect of any act of the state canvassers."


"But it is a great insult to the moral sense of the people for a man to walk abroad, clothed with the ermine of office, stinking and rotten, and reeking with corruption and foul with vermin like this," says Mr. Ryan.


Most of the above information, with a mass of other evidence of fraud and forgery committed in that election, was spread broadcast in the public press, and the excitement ran high. It was the general expectation that force would be used by the friends of Coles Bashford to prevent the inauguration of Bar- stow. Barstow was then in the office and, determined to be seated, he had called out the militia companies to patrol the grounds about the capitol. On January 7 Governor Barstow and the newly elected state officers were sworn into office. Elab- orate preparation had been made to have an imposing cele- bration on the occasion. A large delegation came on a special train from Milwaukee. The Governor called to his guard five companies of the Milwaukee battalion and two companies from Watertown. On their arrival, with friends of the Governor, they marched in procession to his residence. Here the governor and state officers entered a barouche and were driven to the state capitol. where he was met by 2,000 people, and there, in the senate chamber, they took the oath of office administered by Judge Alexander L. Collins. He and his adherents presumed


.


641


GOVERNOR COLES BASHFORD.


that if he was sworn in and assumed the office no court had jurisdiction to enquire into his election. No force was used or thought of to prevent his assuming the office. It was, however, intended to use force to obtain the office after the court had de- clared Coles Bashford's right to it, if not yielded peaceably. For that contingency the forces were organized under Nat Dean and the guns were in storage ready for instant use. But the occasion for civil war happily was averted by peaceable acquies- cence. During the same day Coles Bashford, with a few friends, went to the Supreme Court room and took the oath of office of Governor before Chief Justice Whiton. Three days later he called at the executive office and made a formal demand on Mr. Barstow for recognition as Governor, which was rejected. The Legislature, in session, acknowledged Barstow as Governor. The senate was seven Republican and twelve Democrats; the assem- bly forty-four Republican, thirty-one Democratie and seven Inde- pendents.


The next day after Coles Bashford had called on Mr. Bar- stow, he waited on the attorney general and requested him to file an information in the nature of a quo warranto. It was sup- posed he would refuse, when under the statute Coles Bashford could proceed on his own relation; but the attorney general asked him to make his request in writing. Soon after a draft of such a pleading as was desirable to have filed in the court was delivered to the attorney general. who in a few days filed a more general information, and on which the summons was issued from the Supreme Court and served on Mr. Barstow.


The Supreme Court was composed then of three judges. Chief Justice Whiton, originally a Whig. was now a Republican. Justice Smith was an anti-slavery Democrat, but his opinion on the question of the rights of the voter rendered in this case is the very best text book on the fundamental principles of our form of government ever written. Justice Orsamus Cole, who afterward became Chief Justice, was an old-time Whig and then a Republican. The final decision of the case was unanimous. The attorney general, William R. Smith, was elected on the ticket with Barstow. and was a Democrat. History will not give him a high place in this case either for tact or ability. The counsel for Coles Bashford were the late Chief Justice Edward G. Ryan, one of the greatest lawyers of his time; Judge Timothy O. Howe, afterwards for eighteen years United States Senator ; Hon. Alexander W. Randall, afterwards the war governor of


642


HISTORY OF WINNEBAGO COUNTY.


Wisconsin, and the renowned and eloquent James H. Knowlton. The council for the respondent Barstow were Matt. H. Carpen- ter, the eloquent senator and advocate; Jonathan E. Arnold, the old-time eloquent lawyer; and Judge Harlow S. Orton, one of the most forceful speakers who ever swayed a Wisconsin jury, afterward a justice of this court. The counsel for Coles Bash- ford appeared in court and moved the discontinuance of the in- formation of the attorney general, and for leave to file one on the relation of Coles Bashford, because of prejudice of the attorney general, and to give them leave to control the case. This the court refused, but held that Coles Bashford was a party and his rights would be respected. At the time fixed for the respondent Barstow to plead, his counsel moved to dismiss the proceeding for want of jurisdiction, claiming the court, being a co-ordinate branch of the government, could not interfere with the Governor. But the court held they could enquire into his election. To a stipulation made by all the counsel asking the court to say if it would hold it had the right to go behind the canvassers' certificate to enquire into the election, the court re- fused to reply, as there was no issue presented. The plea of Barstow was the certificate of election, to which counsel for Coles Bashford demurred. The court held they could go behind the canvassers' certificate and sustained the demurrer. The re- spondent Barstow, being required to answer over, his counsel came into court and announced they had been directed by the Governor to withdraw from the case. At the same time he handed up a savage defiance of the Supreme Court written by Mr. Barstow, which they refused as impertinent. The dilatory action of the respondent Barstow had dragged the case along for two months; but on March 11 the counsel for Coles Bashford moved judgment of ouster against Barstow by default and for judgment that Coles Bashford was elected Governor. In a few days the attorney general dismissed the case; but the court held this did not prejudice the rights of Coles Bashford, who was a party in interest as relator. The court came in and made its decision that, according to the usual practice, default was equiv- alent to judgment of ouster and in favor of the relator; but because of the importance of this case they felt it proper to exer- cise their discretion and require the relator to show evidence of his right to the office. The next day after taking of testi- mony was begun in the Supreme Court, Governor Barstow re- signed, supposing he could hand down to Lieutenant Governor


.


.


GOVERNOR COLES BASHFORD.


643


Arthur McArthur a clear title to the office. The Supreme Court moved unruffled and relentlessly on taking testimony, and all those startling frauds and forgeries were dragged into court with the documents to show the shameful acts, and witnesses called from the forests to prove the negative evidence of the forests, where no settlement existed. Some of this has been mentioned above. The final judgment was rendered on March 24 of ouster against Barstow and in favor of Coles Bashford. The next day, with his counsel, E. J. Ryan and T. O. Howe, Coles Bashford entered the executive chamber, and demanded of act- ing Governor McArthur possession of the office. On being ad- vised that force would be used if required, he vacated and Coles Bashford became Governor. His message to the Legislature was finally recognized, and as far as the official life was concerned the incident was closed. That the press was free and caustic in its comments on all concerned in the affair during its progress may be gathered from frequent reference of council in their argument before the court. That the court was not spared in these comments can be gathered from their expression of senti- ment here and there in rendering their decision. The argument of counsel for the respondent, Governor Barstow, will not be recognized as good law. It too often fell below the well known rules of old and well established principles; a position they may have felt justified in assuming as they had paid $1,000 for an opinion from Rufus Choate that the court had no jurisdiction. The historian and the lawyer may read to this day the several opinions of the court without finding anything to criticise except their length, which was justified by the knowledge they pos- sessed that they were also talking to the whole state, as all the press published the whole proceedings. That the court was fair and impartial will be admitted now by all who read the case. Coles Bashford conducted himself admirably during the whole contest. No criticism seems to have been made on the returns from Winnebago county, although it gave Bashford a handsome majority, and there was no charge made that his friends sought to make up fraudulent returns at any place.




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