USA > Wisconsin > Milwaukee County > Milwaukee > History of Milwaukee from its first settlement to the year 1895 > Part 11
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We give in this place a portion of these early records :
Milwaukee, M. T., September 7, 1835.
Met pursuant to an act of the Legislative Coun- cil of the territory of Michigan, to organize the township of Milwaukee.
First-Chose Albert Fowler, Moderator.
Second-James Heath, clerk pro tem.
Third-Adjourned to Saturday, the 19th of Sep- tember inst., at nine o'clock a. m.
September 19, 1835.
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CIVIL HISTORY AND GOVERNMENT.
Met pursuant to notice.
Elected, George H. Walker, moderator.
Elected, James Heath, clerk pro tem.
Elected, B. H. Edgerton, inspector.
On motion of B. H. Edgerton:
Resolved, that all actual settlers have the privil- ege of voting at this meeting, and that our proceedings be referred to the legislative council for their approval, etc.
Elected the following township officers:
Supervisor, George H Walker.
Town Clerk, Horace Chase.
Assessors, James Sanderson, Albert Fowler, Doctor E. Chase.
Commissioners of Roads, B. W. Finch, Solomon Juneau, Calvin Harmon.
Commissioners of Schools, Samuel Brown, Peleg Cole, Daniel Bigelow.
Directors of Poor, B. W. Finch, Solomon Juneau.
Constable and Collector, Sciota Evans.
Inspector of Common Schools, Doctor Jas. Heath, Doctor Enoch Chase, Doctor William Clark.
Path Masters, Enoch Darling, Barzilla Douglass, Wm. Smith.
Fence Viewers, B. W. Finch, Paul Burdick, Geo. H. Walker.
Pound Master, E. Chase.
Voted that the ballots be all received in one box at the next election.
Officers of the meeting, George H. Walker, James Heath, B. H. Edgerton.
Supervisor, George H. Walker.
I, George H. Walker, do solemnly and sin- cerely promise and swear that I will in all things, to the best of my knowledge and abilities, faith- fully and impartially execute and perform the trust reposed in me as supervisor of the town- ship of Milwaukee, in the county of Milwaukee, and that I will not pass any account or article thereof without I think the said county is justly chargeable; nor will I disallow any account or article therof wherewith I think the said county is justly chargeable.
GEORGE H. WALKER.
County of Brown, Territory of Michigan, ss. Personally appeared before me, the undersigned, justice of the peace, George H. Walker, and sub- scribed and swore to the above oath.
Milwaukee, September 21, 1835. Albert Fow- ler, justice of the peace.
[Here follow more oaths of office and then, with- out the slightest explanation, the following:]
A crop and a slit in the left ear, B. W. Finch, September 21, 1835.
I, Sciota Evans, do solemnly and sincerely promise and swear that I will, in all things, to the best of my knowledge, understanding and ability, well and faithfully execute and perform the trust reposed in me as constable of the township of Mil- waukee. SCIOTA EVANS.
Sworn and subscribed before me this 25th day of September, A. D., 1835.
A. FOWLER, Justice of the Peace.
A lope on the right ear and a hole in the left, September 26, 1835.
His
Attest : H. CHASE. JOSEPH X PORTHIER. Mark.
A slope off the under side of the left ear, Cly- bourn and Chase, April 2, 1836."
The territory of the present city is divided into three great subdivisions by the Milwaukee and Menomonee rivers. The former, coming down from the north in a direction nearly parallel with the shore of the lake, is joined not far from its mouth by the Menomonee, and from this point flows in a southeasterly direction to the lake. The Menomonee comes from the west. The Milwaukee is the dividing line between the East and West sides ; and the Menomonee up to its junction with the Milwaukee, and the latter below the junction, form, loosely speaking, the northern boundary of the South side. Each side has its low lands and river front, furnishing sites for factories and docks, and its picturesque heights, the natural location for churches, schools and homes; and each in the early day was picked out as the most promis- ing point for the location of a city by a claimant, whose name has ever since been associated with the location to whose advancement his energies were untiringly devoted. Solomon Juneau was the earliest of those upon the ground; for he made his home, as we have seen, on the East side as early as 1818, while the soil was still in pos- session of the savages, and trade with them was the only inducement to settlement. George H. Walker established himself in the spring of 1834 upon " Walker's Point," and made a street of that narrow neck of land, extending from the bluff to the river. Byron Kilbourn came a little later in
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HISTORY OF MILWAUKEE.
the same year and started his city near the foot of Chestnut street, where the ground first began to be hard enough to support a building. It was not easy to say which section was most favor- ably situated to become a center of population and trade. They had the river in common, and communication through it with the lake and the world beyond; and all had the same diversity of soil, suited to all the needs of a civilized commun- ity. Neither could arrogate to itself a monopoly of any of these advantages. As the city grew it became apparent that all its parts are united by common interests; that neither could prosper at the expense of the others, but that the prosperity of all lay in a close and perfect union. This was not appreciated at first. It took a long time to teach this lesson, if it has indeed ever yet been thoroughly learned; and local jealousies and rivalries had for years the effect of keeping back the growth of the community. It is amusing to read of some of the early exhibitions of this spirit. When lake steamers began to make regular stops at this point, the rival owners of the boats which took off the passengers in the bay and brought them into the city, established their landing places solely on the side with which their interests lay, and refused to put off passengers or freight on the other. Bridges were scarce. The first communi- cation was by ferries. When the necessities of trade at last made bridges indispensable as a means of communication between the different portions of the city they were looked upon with unfriendly eyes and discouraged by men who ought to have been able to take a broader view of the situation. Juneau was the first to make a plat of his city; and when Kilbourn, who wished no communication with Juneau's town except by boats, came to plat his town, he purposely plan- ned that the abutments of his streets upon the river should not be opposite those on the East side. But it was not possible to get along entirely without bridges; and one by one bridges were constructed. The first one was erected at Chestnut and Spring streets, connecting the East and West sides; and others at the foot of East Water and Second streets, to connect the South side with the other portions. But for a long time the West side refused to contribute anything towards the expenses of building these or of keep- ing them in repair. Great bitterness was engen- dered by these controversies, which reached their
culmination in the great "Bridge War" of 1845, when the west siders tore down the western approaches of the Chestnut street bridge.
Immigration began in earnest in 1836, and by the end of that year there was a permanent popu- lation of seven hundred, distributed among the different sections of the town. Sagacious men can- vassed the project of a village organization which should include all portions. But the time had not yet come for this. A general law for the incor- poration of villages had been enacted by the Wis. consin territorial legislature; but this did not per- mit the incorporation of an area of more than two square miles under one charter. Under this law elections were held in February, 1837, on the East and West sides to decide the question of village charters; and these resulted in the incorporation of the two towns, or villages, called respectively, "The Town of Milwaukie," and "The Town of Milwaukee on the West Side of the River." The first officers of the two villages were the follow- ing:
For the East side:
Trustees, Solomon Juneau, president; William A. Prentiss, George D. Dousman, A. A. Bird and Samuel Hinman.
Clerk, Horatio N. Wells.
Assessors, Henry Miller, William Brown, B. H. Edgerton.
Marshal, Enoch Darling.
Surveyor, Daniel Wells, Jr.
For the West side:
Trustees, Byron Kilbourn, president; William R. Longstreet, Lucius I. Barber, Benoni W. Finch and S. D. Cowles.
Clerk, N. F. Hyer.
Assessor, William P. Proudfit.
Marshal, Paul Burdick.
Surveyor and Engineer, I. A. Lapham.
The experiment of village government proved entirely satisfactory. The idea of a larger muni- cipality began to receive encouragement. The following year the inhabitants of both towns joined in a memorial to the legislature asking for the incorporation of both sections under a single charter; and this request having been granted the first election in the consolidated village took place in May, 1839. The officers chosen were the following:
Trustees, East Ward : Elisha Starr, president; William A. Prentiss, Lindsey Ward, W. N. Gard-
No
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CIVIL HISTORY AND GOVERNMENT.
ner, B. H. Edgerton. West ward: D. H. Rich- ards, Chauncey H. Peak, John Hustis, W. M. May- hew, H. M. Hubbard.
Clerk, J. E. Arnold.
Marshal, Joseph Shaumier.
The settlement at Walker's Point was added to the village in February, 1845, by an act of the legislature, under the name of the South ward.
All sections of the village were now increasing rapidly in population and wealth, and the need of a more complete organization was felt. The little settlements of 1834 and 1835 had increased to fifteen hundred inhabitants in 1839; in 1843 to six thousand; and by June, 1846, to nine thou- sand. The question of city organization was agi- tated, and on the 5th of January, 1846, an elec- tion was held which resulted in a decisive vote in favor of a new charter, the East ward alone giving a majority the other way. The vote was as fol- lows: For the charter-East ward, one hundred and eighty-two; West ward, three hundred and forty-eight; South ward, one hundred and thirteen -a total of six hundred and forty-three. Against the charter-East ward, three hundred and twenty- four; West ward, one; South ward, seven-a total of three hundred and thirty-two. Major- ity in favor of charter, three hundred and eleven.
The life of Milwaukee as a village covered in all
a period of nine years, beginning in 1837 and end- ing in 1846. The first president of the consoli- dated village was Solomon Juneau, and the last to hold that office was Lindsey Ward. Other pio- neers who held the office of president of the vil- lage were H. M. Hubbard and James II. Rogers, and both Juneau and Kilbourn were village presi- dents, while the East and West sides had separate governments. In the list of village trustees one finds the names of such men as Dr. Lucius I. Bar- ber, Horatio N. Wells, Henry Miller, B. H. Edgerton, Daniel Wells, Jr., George D. Dousman, William A. Prentiss, Albert Fowler. D. H. Rich- ards, Elisha Starr, I. A. Lapham, John Hustis, Matthias Stein, D. A. J. Upham, E. D. Holton, Moses Kneeland, George H. Walker, Lemuel W. Weeks, Alexander Mitchell, Levi Hubbell, James S. Brown, and others who achieved distinc- tion in later years ; and the reader can not fail to reach the conclusion that the foundations of the city government were laid by honest and capable men. In those days the duties of village trustees, corresponding in some degree to those of the aldermen of the present day, were not considered irksome by the best citizens of the village, and men of high character and much more than ordi- nary ability, were the "City Fathers" of 1837 to 1846.
CHAPTER XIII.
THE CITY UNDER THE CHARTER.
BY WINFIELD SMITH.
the election alluded to in the closing para- graph of the preceding chapter, the legislature passed an act of incorporation of the city of Mil- waukee in the winter of 1846. The first election under this charter was held on the first Tuesday of April, 1846. The young city took advantage of this opportunity to houor Solomon Juneau by electing him its first mayor. His colleagues of the west and south sides, Kilbourn and Walker, in after years received the honor of election to the same office. The other officers elected in 1846 were as follows:
N response to the expressed wish of the people Milwaukee bay where it is intersected by the of Milwaukee, as evidenced by the result of . section line running east and west on the north side of section numbered twenty-two ; thence west along said section line and the north line of section twenty-one and section twenty to the quarter post on the north line of section numbered twenty; thence south along the quarter section line to the center of said section numbered twenty ; thence west along the quarter section line in said section numbered twenty and section numbered nineteen, to the west line of said township and range; thence south along the said range line to the north boun- dary line of township numbered six ; thence east along said north line to the lake shore in the southerly part of Milwaukee Bay ; and the north and south boundaries as herein described are to extend from the two points of intersection with the lake, respectively, in lines running due east to the eastern boundary of the territory of Wiscon- sin in Lake Michigan, shall be a city by the name of Milwaukee; and the people now inhabiting, and those who shall hereafter inhabit within the district of country hereinbefore described shall be a municipal corporation by the name of the city of Milwaukee, and shall have the general powers possessed by cities at the common law ; and in addition thereto shall possess the powers herein- after specifically granted; and the authorities thereof shall have perpetual succession, shall be capable of contracting and being contracted with, of suing and being sued, pleading and being im- pleaded in all courts of law and equity ; and shall have a common seal, and may change and alter the same at pleasure."
Aldermen : First ward-John B. Smith, Joshua Hathaway, A. W. Hatch.
Second ward-Byron Kilbourn, George Abert, Cicero Comstock.
Third ward-W. W. Graham, Nathan B. Hol- man, Richard Murphy.
Fourth ward-Moses Kneeland, Leonard P. Crary, George G. Blodgett.
Fifth ward-L. W. Weeks, A. Smart, Peter N. Cushman.
Henry Bielfeld was appointed city clerk ; Robert Allen, city treasurer ; James Holliday, city attor_ ney ; Thomas H. Fanning, city marshal; and Charles A. 'Tuttle was designated from the justices of the peace to bear the title and perform the duties of police justice.
For the sake of the comparison between the original and the present territory, we insert here the boundaries of the city as they were in 1846. The charter or incorporating act begins as follows : "An act to incorporate the city of Milwaukee :
"Be it enacted by the Council and House of Re- presentatives of the Territory of Wisconsin.
"1. That the district of country included within the following limits and boundaries in township number seven of range numbered twenty-two east, in the county of Milwaukee, to wit: begin- ning on the lake shore in the northerly part of
The little city was divided into five wards, the first of which comprised all the territory east of the Milwaukee river and north of the middle of Wisconsin street ; the second all west of the river and north of the middle of Cedar street ; the third all of the east side south of the First ward; the fourth, loosely speaking, including all of the west side south of the Second, and the Fifth embraced
50
Willian to Testify
51
THE CITY UNDER THE CHARTER.
the entire South side. But the Menomonee river has never, strictly speaking, been the boundary be- tween the Sonth side and West side wards. The Fourth ward, at this date, included all south of the middle of Cedar street, and within sections twenty-nine and thirty of the township in which the city lay. The original channel of the Meno- monee river was south of these sections, so that the fifth ward included territory north of that river. Many years afterward, in order to straighten that crooked stream a canal running due east and west was cut through the southern part of sections twenty-nine and thirty, which at present constitutes the main channel, a portion of the original channel being filled up; so that the river, as it now runs, lies north of the south boundary of the fourth ward. The valley of the Menomonee is very broad, and in the early days formed a vast marsh. Most of this has been filled in, and its former site is now occupied by grain elevators, packing-houses, coal-yards and railway tracks.
But to resume. Each ward was constituted a separate township and school district ; its alder- men were to act as town supervisors and as school commissioners; and their chairman, chosen by themselves, had a seat in the county board of supervisors.
The first charter was not a very complicated one. It provided for annual elections, to be held on the first Tuesday of April in each year, at which the officers to be elected were a mayor, from the city at large, and from each ward three aldermen, a constable and a justice of the peace. The term of office was one year in all cases except that of justice of the peace. These officers were to serve for two years-so much defer- ence being paid to the supposed benefit of experience in judicial position and such the adverse opinion even then held of too frequent elective changes therein. A year's residence in the city and three months' residence in the ward was required of voters. Aliens might vote who had legally declared their intention to become citizens of the United States, and who had been as- sessed and had paid a tax on either real or personal property within a year, or had been assessed for and actually performed highway work within a year, or had been for six months members of a fire company. The president and trustees of the town of Milwaukee were to determine the result
of the first election under the new charter, and subsequent elections were to be determined by the mayor and common council. The mayor was the chief executive officer and head of the police of the city. He had power to nominate, and with the consent of the common council to appoint a marshal of the city and an additional constable from each ward. It was further provided that "The mayor or acting mayor, each and every al- derman, justice of the peace, marshal, deputy marshal, constable and watchman shall be officers of the peace, and may command the peace and suppress in a summary manner all rioting and dis- orderly behavior, in a manner consistent with the ordinances of the city within the limits thereof, and for such purpose may command the assistance of all by-standers and, if need be, of all citizens and military companies ; and in all cases where the civil power may be required to suppress riot- ous or disorderly behavior the superior or senior officer present, in the order mentioned in this sec- tion, shall direct the proceedings." These provisions were considered at that time to furnish sufficient protection against crime and disorder, and it was many years before a separate police department was found necessary.
One of the justices of the peace was to be de- signated by the common council as a police jus- tice for the term for which he was elected as a justice of the peace, and whenever a vacancy oc- curred in that position by death, resignation or re- moval another justice was selected in his place. The police justice, besides the ordinary civil jurisdic- tion of the other justices of the peace, was vested with exclusive jurisdiction to hear all complaints and conduct all examinations and trials in crim- inal cases within the city, and with exclusive jurisdiction of all cases in which the city might be a party. His salary in criminal matters was to be paid by the county, and in civil cases by the city.
In addition to the officers already named power was conferred on the common conncil to appoint and at pleasure to remove a city treasurer, city clerk, one assessor in each ward, a chief engineer of the fire department and as many assistant en- gineers as might be expedient, city attorney, sealer of weights and measures, one or more sur- veyors ; and as many measurers of fuel, grain, lime and other marketable articles, weighers of hay, pound-masters, sextons, or keepers of burial
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HISTORY OF MILWAUKEE.
grounds, inspectors of streets, inspectors of flour and provisions, and harbor-masters, as expedient ; and to prescribe their several duties and the com- pensation which each should receive.
Members of the common council were forbidden to be parties to or otherwise interested in any contract or job with the city ; and any contract in which this prohibition was disregarded was to be null and void and of no force against the city.
The most general grant of power was contained in the following section :
"The common council shall have power to en- act, establish. publish, enforce, alter, modify, amend or repeal all such ordinances, rules and by-laws for the government and good order of the city, for the suppression of vice, for the pre- vention of fires and for the benefit of the trade, commerce and health thereof, as they shall deem expedient, declaring and imposing penalties, and to enforce the same against any person or persons who may violate any of the provisions of such ordi- nances, rules or by-laws ; and such ordinances, rules and by-laws are hereby declared to be and have the force of law ; provided that they are not repng- nant to the constitution and laws of the United States, or of this territory; and for those purposes shall have authority, by ordinances or by-laws." Then follows an enumeration of a large number of subjects over which it was intended the powers of the common council should extend. This general grant of legislative power has been retained in almost the same language in every modification or revision of the city charter down to the present day. The enumeration of subjects intended to be covered by it has been extended as attention has been called to various evils or abuses which seemed to require especial attention in the course of the growth of the city in territory and population. The original list, summarized as concisely as pos- sible, included the license and regulation of tav- erns, groceries and victualing houses ; of persons engaged in the sale of spirituous, vinous and fer- mented liquors, and of shows, circuses and theatrical performances ; the restraint and prohi- bition of gaming of all descriptions ; the preven- tion of riots and disorderly assemblages ; the sup- pression and restraint of disorderly honses, shows and exhibitions ; the abatement and regulation of trades and places which, though lawful in then- selves, might be dangerous, unwholesome or of- fensive in a city ; the prevention of improper in-
cumbrances of streets, alleys and sidewalks, and of rapid driving in the streets ; prohibition of cattle, swine, sheep, poultry, geese and dogs running at large ; the establishment of public pumps, wells, cisterns and water works: licensing of hacks, cabs and drays ; the establishment of a board of health, hospitals and cemeteries; regulation of burials and exemption of burial grounds from tax- ation ; the purchase of fire engines and fire buck- ets and the establishment of fire limits ; the regu- lation of "the assize and weight of bread ;" the regulation of wharves, bridges, mill-races and canals, and of exhibitions of fireworks and shooting of firearms or crackers; the restraint of public drunkenness and obscenity, and the punishment of persons guilty thereof; the restraint and regulation of runners or solici- tors for boats, vessels, stages and public houses ; the regulation of the police and the ap- pointment of watchmen and firemen, and the making and enforcing of rules for their govern- ment; the establishment and regulation of public markets; the licensing and regulation of butchers' stalls and stands for the sale of game, poultry, butter, fish and other provisions; regulating the place and manner of weighing and selling hay and of measuring and selling fuel and lime; com- pelling the removal by the owner or occupant of buildings or grounds, from sidewalks, streets and alleys, of snow, dirt and rubbish, and, from any part of his premises, of all' such substances as the board of health should direct.
The common council had power to lay out and vacate, to regulate, pave and improve, extend and widen streets and alleys, paying damages to be assessed by twelve freeholders.
The council was authorized to levy annually, for general ward purposes, on all property, real and personal, not exceeding one per centum of its assessed value, and a tax of one per cent. on all real estate, exclusive of the value of buildings thereon, to be applied in payment of debts pre- viously contracted by the president and trustees of the town of Milwaukee and on behalf of the east and west wards, and due and owing on the last day of December, 1845; such tax to continue in the First and Third wards until the debts of the East ward should be paid; and in the Second and Fourth wards until the debts of the West ward should be paid; also a tax not exceeding one- quarter of one per cent. of the assessed value of
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