Memoirs of Milwaukee County : from the earliest historical times down to the present, including a genealogical and biographical record of representative families in Milwaukee County, Volume I, Part 31

Author: Watrous, Jerome Anthony, 1840- ed
Publication date: 1909
Publisher: Madison : Western Historical Association
Number of Pages: 686


USA > Wisconsin > Milwaukee County > Memoirs of Milwaukee County : from the earliest historical times down to the present, including a genealogical and biographical record of representative families in Milwaukee County, Volume I > Part 31


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The above is a summary of the original charter of the city of Mil- waukee, stated as briefly as possible. It was amended in 1847, so as to make the offices of treasurer, attorney, and marshal, elective instead of appointive, and the number of assessors in each ward was increased


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to three. Other changes were made from time to time, and in 1852 a substantially new charter was passed by the legislature, under the title of "An act to consolidate and amend the act to incorporate the city of Milwaukee and the several acts amendatory thereof." This was sub- mitted to the electors of the city for their approval, and was adopted by them at an election held on the first Monday of February, 1852. This new charter enlarged the boundaries of the city somewhat, without in- creasing the number of wards, and changed the date of the spring elec- tion from the first Monday of April to the first Monday of March in cach year. The elective officers were mayor, treasurer, marshal and police justice elected from the city at large, and from each ward three aldermen, one assessor, one constable and a justice of the peace. The terms of office of police justice and of justice of the peace were for two years. Two aldermen were to be elected every year in each ward, one to serve for one and one for two years, the two elected for two-year terms being also members of the county board of supervisors. The terms of the other officers mentioned were to be annual. The qualifica- tions for suffrage were made to consist in one year's residence in the city and ten days in the ward, in addition to the qualifications required under the general laws of the state of persons voting for state and county officers. The common council was authorized to elect a pres- ident, who should preside in the absence of the mayor, and a president pro tempore in the absence of the other two. A clerk was to be chosen by the council. The duties of the city attorney, treasurer, and marshal, were defined; and the office of city comptroller was created, to be filled by the common council, the incumbent to be the financial officer of the city and to keep a careful oversight of all contracts entered into for public improvements. The council was to have the general control of the public funds ; but its authority was limited by provisions intended as a safeguard against extravagance in expenditures and in taxation. The council was authorized to issue bonds bearing interest at not more than seven per cent. in payment of existing indebtedness of the city and of its several wards, contracted for general city or ward purposes. Taxes might be levied as follows : A general city tax on all property subject to taxation, not exceeding one per cent, for paying off existing indebtedness; a tax not exceeding three-fourths of one per cent, to defray current city expenses ; a tax of not over one per cent. in each ward, to pay off the indebtedness of such ward, which was assumed by the city ; and a tax of not over one per cent. in each ward to defray the current expenses of the ward. The aldermen in each ward were made strect commissioners with authority within its limits to direct the grading of streets and the construction of sewers, wharves, and


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alleys. The membership in each volunteer fire company was increased from forty to seventy, and exemption from jury duty was added to the privileges of the firemen.


The charter of 1852 required the city to maintain bridges across the Milwaukee river at Cherry, Wisconsin, and Ferry streets, and over the Menomonee at West Water street; all of which, except the first, were to be divided with draws. This number of course has since been greatly increased. The offices of city attorney and city comptroller were made elective in 1853, and at the same time the office of railroad commissioner for each ward was created and made elective.


Chapter 117 of the local laws of 1858 made important changes in the charter. It took from the meinbers of the common council the functions of street commissioners, and in their place provided for the election of three street commissioners in each ward, to whom was com- mitted the supervision of streets, alleys, public grounds, bridges, rivers, wharves, sewers, and nuisances. The city comptroller was given super- vision over all contracts let. The mayor, comptroller, and treasurer were made commissioners of the sinking fund for the redemption of the bonded indebtedness, and taxes in any year for general city purposes, not including special taxes, were limited to $175,000. In addition, for ward purposes, there might be levied in each year not to exceed $60,- 000. The ward assessors elected under the charter of 1852 were abol- ished and their duties were devolved upon three assessors to be ap- pointed by the mayor with the approval of the common council. The mayor, treasurer, comptroller, and city attorney, with the assessors, constituted the board of review. By this act the office of city marshal was also abolished and that of chief of police substituted. The most important change made by the act of 1858 was in the constitution of the common council, which was divided into two bodies, the board of coun- cilors and the board of aldermen. The councilors were elected, two from each ward, for terms of two years; the aldermen, one from each ward, were elected annually. The mayor possessed the power of veto, which might be overcome by a majority-changed in 1861 to a two- thirds vote-of all the members of each board.


The office of street commissioner was abolished in 1859, and his duties laid upon the councilors of the several wards. The power of ap- pointing the assessors was taken from the mayor, and one assessor was directed to be elected annually in each ward. The mayor was, how- ever, still allowed to appoint an officer known as city assessor; and this officer and the ward assessors had places on the board of review.


The present charter of Milwaukee is the one enacted by the legis- lature in 1874, and known as Chapter 184 of the laws of that year, with


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such amendments as have been enacted from time to time since that date. At every session prior to 1893, there had been enacted a mass of special legislation creative or amendatory of municipal charters, but in 1891 there was submitted to the people, and adopted by them, an amend- ment to the constitution of the state extending the prohibitions against special legislation, contained in that instrument, to legislation "incor- porating any city, town or village, or to amend the charter thereof."


, The charter of 1874 abolished the double chamber organization of the common council and restored the single chamber of earlier days. The elective officers are the mayor, treasurer, comptroller, attorney, two aldermen from each ward, eleven justices of the peace, to each of whom a separate district is assigned, and eleven constables, one for each of such districts; the term of office of all these being two years, with the exception of the city attorney, whose term is four years. The president of the common council and the city clerk are elected by the common council; and the former presides over all of its sessions and be- comes acting mayor, in case of the disability of that official. Other officers are a board of public works of four members, including the city engineer, holding for three years; a tax commissioner to serve for three years ; an assessor for each ward, to serve for two years ; a board of commissioners of the public debt of three members, holding for three years ; a commissioner of health to serve for four years; and a board of park commissioners of five members, holding for five years ; all of whom are appointed by the mayor, with the concurrence of the common council. There is also a board of fire and police commissioners of four members, serving for four years, whose members are appointed by the mayor alone. There is also a school board, composed of two members from each ward, who are chosen by the common council on the nomina- tion of the aldermen from the several wards and who serve for three years. The fire and police departments were placed under a system of civil service regulation for the first time in 1885, by an act creating the board of fire and police commissioners.


The following is a list of all who have held the office of mayor of the city since its incorporation in 1846, the year given being the time of the election of each, and the term of service extending to the year given as the time of the election of his successor. 1846 Solomon Ju- neau ; 1847, Horatio N. Wells ; 1848, Byron Kilbourn : 1849, Don A. J. Upham ; 1851, George H. Walker: 1852, Hans Crocker ; 1853. George H. Walker ; 1854, Byron Kilbourn; 1855, James B. Cross ; 1858, Wil- liam A. Prentiss ; 1859, Herman L. Page : 1860, William Pitt Lynde ; 1861, James S. Brown: 1862, Horace Chase; 1863. Edward O'Neill ; 1864, Abner Kirby : 1865, John J. Tallmadge ; 1867. Edward O'Neill;


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1870, Joseph Phillips ; 1871, Harrison Ludington; 1872, David G. Hooker; 1873, Harrison Ludington ; 1876, A. R. R. Butler; 1878, John Black; 1880, Thomas H. Brown; 1882, John M. Stowell; 1884, Emil Wallber ; 1888, Thomas H. Brown ; 1890, George W. Peck; 1891, Peter J. Somers ; 1893, John C. Koch; 1896, William G, Rauschenberger; 1898, David S. Rose ; 1906, Sherburn M. Becker ; 1908, David S. Rose. Many of these gentlemen have been given appropriate mention on other pages of this work.


Abner Kirby was, in many respects, one of the most interesting pioneers of Milwaukee and was long one of those most widely known throughout the Northwest. He was born on April 11, 1818, at Starks, Somerset county, Maine. His father was one of the forehanded farm- ers of that county, and during his boyhood young Kirby worked on the farm and received such instruction as was afforded by the district school. While still a boy of less than fourteen years of age he began to buy cattle for his father, and about the same time went into logging camps, and though too young to chop, he did the cooking. Before he was of age he learned the jeweler's trade in Bangor, Me., and at the age of twenty-one he opened a watchmaker's and jeweler's shop in Skowhegan, where he carried on the business about seven years, and until he came West. Soon after his arrival in Milwaukee, on May 18, 1844, he bought all the lots on Wisconsin and East Water streets lying within 200 feet of the northeast corner of those streets, and built on that corner a brick building, occupying the ground floor as a jeweler's shop for the next ten years. In 1855 he engaged in the lumber busi- ness in Milwaukee, and the following year built a saw-mill at Menomi- nee, Mich., where he manufactured a large amount of lumber. Be- sides his lumber business, for many years he was one of the largest vessel owners in Milwaukee, and engaged in the carrying trade for many years, continuing in that line until about 1880. He was the first to use steam barges on the lakes, and the Cream City was the first barge thus equipped. The first meeting in Milwaukee to consider the practicability of establishing railroad connection with Waukesha was called by him, and he was one of the first subscribers to the stock of the company organized for the purpose of building the railroad. As early as 1856, with Daniel Wells, Jr., he became owner of the City Hotel, afterward known as the Walker House. In 1862 he became sole owner and its name then became known as the Kirby House. Mr. Kirby was a Democrat of that type which does not allow one to remain long in doubt as to his political standing, but his patriotism was as pronounced as his politics, and during the continuance of the Civil war he was what was known as a war Democrat, and earnestly supported measures


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for the vigorous prosecution of the war. His generosity and geniality made him very popular, and in 1864 he was elected mayor of Milwau- kee unanimously, there being no candidate opposed to him. One writer states that "when he received the telegram from Washington announc- ing the surrender of Lee, and the end of the war, he testified his joy by issuing an 'edict' announcing these facts, and notifying the citizens of Milwaukee that any man found sober that day on the streets of the city would be forthwith locked in the city prison." Mr. Kirby died on Sept. 21, 1893, at his home on Woodland Court, which he erected some years previous to his death.


John J. Tallmadge, who was identified with Milwaukee from 1855 to 1873, was one of the most interesting and attractive figures in the history of the city. He was born in the town of Calverick, Columbia county, N. Y., Jan. 10, 1818, and was educated in the public schools of the community in which he was reared. When he was sixteen years old he became a clerk in a dry-goods store at Lyons, N. Y., and received his early business training in that establishment. When he attained his majority be began business for himself with a small stock of goods, but after a short time removed to Albany, N. Y., where he engaged in the transportation business. Although he had had small opportunity for . the study of economic problems, he was a natural student of markets and their sources of supply, and in 1848 he shifted his transportation agency from Albany to Buffalo. He remained in Buffalo until 1855, and then removed to Milwaukee, which had by that time become an im- portant receiving station for the east-bound freight of the Northwest. So closely did he become identified with the trade and commerce of the city and so active was he in promoting its growth and development that in 1863 he was chosen president of the chamber of commerce and re- elected to the same office the following year. The high order of exe- cutive ability which he displayed as president of the chamber of com- merce made him the candidate of his party for the mayoralty of Mil- waukee in 1865. He had been a Democrat from the time he cast his first vote, but he was a "war Democrat" when war issues were to the front. His admirable record made him mayor of the city, although his party was at that time in the minority, and he was re-elected at the end of his first term. In 1867 he was nominated by the Democratic party for governor of Wisconsin, and although he failed of election, so great was his personal popularity that he almost wiped out the normal Re- publican majority, although Gen. Lucius Fairchild, then one of the strongest men in that party, was the candidate against him. Retiring from public life after his candidacy for governor of Wisconsin, he de- voted himself to his transportation interests until failing health com-


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pelled him to retire to his farm in Summit, Waukesha county, where he died on Oct. 16, 1873.


The present limits of the city of Milwaukee may be defined as fol- lows : Beginning on the shore of Lake Michigan where it is intersected by the quarter section line in section 10 of township 7 north, range 22 east, running thence west to the northwest corner of the southeast quarter of section 12, range 21 east, thence south to the southwest cor- ner of the southeast quarter of the same section, thence west to the northwest corner of section 13 of the same town and range, thence in a southerly direction by an irregular line to the southwest corner of the northwest quarter of section 7 of township 6 north, range 22 east ; thence east to the one-eighth section line running north and south through the southwest quarter of section 9, range 22 east; thence south to the south line of said section 9; thence east to the east bound- ary of Milwaukee county ; thence north to a point due east of the place of beginning ; thence west to the place of beginning-the east boundary of Milwaukee county being the boundary line between Wisconsin and Michigan, and situated in the middle of the lake. The actual territory embraced within these limits, not including any portion of the lake, is a little less than twenty-five square miles. Politically the city is divided into twenty-three wards, and each addition to the original five wards has represented an increase both in population and in territory. The outer limits of the outer wards are changing from time to time with the extension of the city's boundaries and the addition of new territory. The population of the city in 1905, according to the state census, was 312,948.


LABOR TROUBLES.


All cities have riots, at some time in their history, and Milwaukee had her share in 1886, when general and wide-spread restlessness pre- vailed throughout the country and the demands of organized labor for better wages and shorter hours were attended with scenes of violence and collisions with the civil and military authorties in many states. It has been well said that "this was the period of strikes and boycotts", and it marked the beginning of an era of low prices, occasioned by a diminution of the world's gold supply-by which all values are meas- ured-from which there was little permanent relief until the mines of South Africa and Alaska turned their golden streams into the channels of commerce and industry in 1898. At the period of which we write, the entire Gould system of railway lines was effected in the Southwest and freight traffic on all lines was at a standstill in Chicago. And it could not be expected that a city like Milwaukee, with its many im- portant industries and many thousands of laborers, both skilled and un-


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skilled, should escape. The West Milwaukee car shops, the Allis works, the rolling mills, the great breweries and hosts of other con- cerns became involved in disputes with their men. In some cases the employers refused the concessions demanded by their employes, while in others they yielded often under practical duress. The organiza- tions of the Knights of Labor and of the Trade Unions increased in numbers and in importance, stimulated as they were by occasional successes and irritated by repeated rebuffs. Strikes were ordered by the officers of one organization or the other in factories where there was no disagreement between employers and employed, and men who were satisfied with their relations with their employers were not per- mitted to remain in peace. The tendency to disorder began gradually to manifest itself and came to a head suddenly before the full extent of the danger was realized, and the beginning of May marked the culmination of the trouble. Large bodies of excited men went from shop to shop stirring up dissatisfaction, and attacks by mobs upon persons and property occurred in a number of instances. On May 3, a thousand strikers raided the West Milwaukee car shops of the St. Paul railway, and partly by persuasion and partly by show of force, induced the 1,400 men at work there to lay down their tools and walk out. A large portion of the same body of men made their way down the railway tracks to the Allis works, where they were met by em- ploves who turned the hose on them and routed them for the time be- ing. It was deemed wise by the Allis, management to shut down the shops at once and remain closed until they could be assured of efficient protection, as the civil authorities seemed unprepared to handle the situation. The following day 2,500 men gathered at the Rolling Mills, many armed with clubs, but they met with some resistance and were at first refused admission into the grounds. Irritated at this, they vir- tually made a prisoner of the superintendent and extorted permission to confer with the men who were at work. This disturbance resulted in summoning the militia, and the Milwaukee battalion was hurried to the scene. Others from outside the city were later added to this force. The part taken by the National Guard was effective in quelling the strikers. Bullets were fired before the trouble was ended, resulting in serious wounds and the death of a few laboring men, but the spirit of disorder was checked in time to prevent more numerous casualties.


A special session of the grand jury ended the trouble and a large number of indictments were brought in against the principal leaders and promoters of the disturbance. One of the most notable trials was that of Paul Grottkau, editor of the Arbeiter Zeitung, who was indicted and convicted of riot, he having taken part in what was con- sidered by the authorities disorderly meetings of striking workmen


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which had ended in riotous attacks on factories whose employes were still at work. There were many other indictments and many other convictions, and several of these cases reached the supreme court of the state before they were finally disposed of. On the first trial of the Grottkau case the jury disagreed. The second trial took place in April, 1887, and resulted in a conviction, and on May 7 the accused was sentenced to confinement in the house of correction at hard labor for the term of one year. The case was taken to the supreme court on the ground of alleged errors in the proceedings, and while the appeal was pending Grottkau gave the security required by law and was released from custody after one week's imprisonment. The supreme court affirmed the sentence of the lower court and remanded the case to the Municipal court to cause the sentence to be executed. The record was sent down on March 13, 1888, and Grottkau was committed to the house of correction on April 5, having been at liberty on bail up to that time. On May 8-a year and a day from the date of his original sentence-he applied to the circuit court commissioner for a writ of habeas corpus and asked to be released from confinement on the ground that his term of sentence had expired. The commissioner denied the application, and decided that the prisoner must serve out the full year in the house of correction. The question was immedi- ately carried to the circuit court, which took the opposite view, reversing the commissioner's ruling and ordered Grottkau's release from custody. He was accordingly set at liberty. Dissatisfied with this decision, the attoreny-general of the state took the case to the supreme court, which upheld the ruling of the court commissioner and decided that the term of sentence did not run while the person sentenced was out on bail, pending a review of the sentence in the su- preme court. The order of the circuit court was thus reversed; but subsequently, on an application for a rehearing, it was contended on behalf of Grottkau that, whether the order of the circuit court was right or wrong, he had been lawfully set at liberty and could not, by a review and reversal of that order, be returned to imprisonment. This contention was based upon the constitutional provision that "no person for the same offense shall be twice put in jeopardy of punish- ment." This contention was sustained by the supreme court, the re- sult of which was that the period of Grottkau's actual confinement under his sentence was something less than two months, instead of a full year, as contemplated by the municipal court.


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PUBLIC WORKS, BUILDINGS, ETC.


The origin of the present water-works system of Milwaukee is of comparatively recent date; though more than sixty years ago, the


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need of an abundant supply of pure fresh water arose. Prior to that time the supply of water was drawn almost exclusively from pumps, affixed to deep wells, and the water was not only cool and pleasant to the taste, but, until the town became thickly settled, healthful. Fine springs also abounded along the base of the hills in different parts of the city. When the United States Hotel, which was destroyed in the great fire of Aug. 24, 1854, was built at the corner of Huron and East Water streets, the enterprising proprietor laid mains made from tama- rack timber, cut into proper lengths and bored by hand, from the hotel to a living spring located on the south side of Wisconsin street. midway between Jackson and Van Buren streets. The experiment was a decided success, and these primitive water-works furnished the hotel with an ample supply of pure water as long as it stood, and were utilized by residents along Michigan street for many years. The increase of population in the city and the growing importance of her thriving industries made imperative the demand for an ample water supply, and led to much discussion and many proposed plans. But notwithstanding this early and continued agitation of the question, act- ual progress toward the desired result was not made until 1872, various causes interfering to delay the project. In that year twelve acres at the foot of North avenue, having a water frontage of 1,000 feet, were selected as a site, and buildings were erected. These consisted of an engine house seventy by eighty-four feet, a boiler house forty by forty-two feet, and a coal shed forty by one hundred feet, all con- structed of brick and roofed with iron and slate. The chimney, 150 feet high, was built apart from the main buildings. From the engine house, extending 2,000 feet into the lake, was laid a cast-iron conduit with an interior diameter of three feet, and at the outer end a crib to protect it was built, and so constructed that the water supply was drawn from a depth of some twelve feet below the lake's surface. The water-works tower, which enclosed the stand-pipe, was built of stone, circular in form, and was erected on an eminence back from the other buildings, and is 175 feet high itself. Its summit, which is reached by means of winding stairs around the standpipe, is 250 feet above the lake. It is a model of architectural skill, and reflects much credit upon its designer, C. A. Gombert, architect, who also planned the other buildings. In order to protect the works against the lake storms, a fine wharf nearly 600 feet in length was built at great ex- pense. The engine house, which was built to accommodate four engines, was supplied with two, which were then sufficient to do the work required, and these were coupled to one fly wheel, and could be operated singly or together.




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