USA > Wisconsin > Waukesha County > The History of Waukesha County, Wisconsin. Containing an account of its settlement, growth, development and resources; an extensive and minute sketch of its cities, towns and villages etc > Part 97
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WAUKESHA INCORPORATED.
Prairieville was platted as a village at an early day, but not incorporated; it was merely a part of the town, and governed by the Town Board of Supervisors. Finally, after several attempts on the part of several citizens, an act entitled " An Act to incorporate the Village of Waukesha, in the County of Waukesha," was passed January 10, 1852, and the boundary lines fixed as they had been agreed upon when a charter was prepared. Some of the chief points of the charter, as it now exists, may be gathered from the following :
SECTION 1. The inhabitants of the district of country included within the following limits and boundaries, in township number six north, of range number nineteen eaat, in the County of Waukesha, to wit : Beginning at the southwest corner of The east half of the southwest quarter of section number three (3); from thence due north on said line to town line, from thence east on said line to the northeast corner of the town plat of " Prairieville Village;" from thence south on the line of said village to the center of Main street, in said village ; from thence westerly, following the center of said atreet until it intersects the highway (or what is now used and fenced as such), running from said street sonth through the landa of Henry Bowron ; from thence, following the center of said highway until it strikea the line running north and south through the center of the northwest quarter of section number two (2) ; from thence on aaid line to the south line of section two (2 ) ; from thence west to the place of beginning, are hereby created a body corporate and politic by the name and style of the " President and Truatees of the Village of Waukesha," and hy that name shall be capable of contracting and being contracted with, of suing and being aued, pleading and being implea led, answering and being answered unto in all courts and places, and in all matters whatsoever, with power of purchasing, receiving, holding. occupying and conveying real and personal estate, and shall have a common seal, and may change the same at pleasure, and shall be competent to have and exercise all the rights and privileges, and be subject to all the duties and obligations pertaining to a municipal corporation.
SEC. 2. The government of said corporation and the exercise of its corporate powers and management of its fiacal, prudential and municipal concerns shall be vested in a President and six Trustees, and such other officera as are hereinafter provided for.
SEO. 3. Section 3 of Chapter 30 of the Private and Local Laws of 1859, entitled an act to amend an act to incorporate the village of Waukesha, is hereby amended ao as to read as follows: "The elective officers of said corporation shall be one President, six Trustees, one Marshal, one Treasurer and one Street Commissioner, to be elected by the qualified voters at the annual election of said corporation to be held on the first Tuesday of May, in each year, and shall hold their respective offices for one year and until their successors are chosen and qualified.
SEC. 10 The President, each and every Trustee, Marshal, each and every Justice of the Peace and Constable of the town of Waukesha, ahall be officers of the peace, and may command the peace and suppress in a summary manner all rioting and disorderly behavior, in a manner consistent with the ordinances of said village, within the limita thereof, and for such purposes may command the assistance of all by-standers, and, if need be, all citizena; and, if any person shall refuse to aid in maintaining the peace when so required, every auch person shall forfeit and pay such fine as may be prescribed by ordinance of the village in such case provided.
SEC. 17. The President and Trustees shall have power to enact, establish, publish, enforce, alter, modify, amend or repeal all such ordinances, rules and by-laws for the government and good order of the village, for the sup- preasion of vice, for the prevention of firea, and for the benefit of trade and commerce, and for the health thereof, as they may deem expedient, declaring and imposing penalties, and to enforce the same againat any person who may violate any of the provisions of such ordinances, rulea, or by-laws, and such ordinances rules and by-laws are hereby declared to be and to have the force of law : Provided, That they be not repugnant to the constitution and the laws of the United States, and of this State and for those purposea shall have authority, by ordinance, or by-laws, to organize fire companies, hook and ladder companies, lo regulate their government and the time and the manner of their exercise, to provide all nec- essary apparatus for the extinguishment of fires, to require the owners of buildings to provide and keep suitable lad- ders and fire huckets, which are hereby declared to be appurtenances to the real estate, and exempt from seizure, dis- tress or sale in any manner ; and if the owner shall refuse to procure suitable ladders or fire buckets, after reason- able notice, the Trustees may procure and deliver the same to him, and, in default of payment thereof, may recover of the said owner the value of such ladder or fire buckets, or both, with cost of suit : to regulate the storage of gun- powder and other dangerous materials, to direct the safe construction of a place for the deposit of ashes, to appoint one or more fire wardens, to enter into, at reasonable times, and examine all dwelling houses, lots, yards, enclosures and buildings of every description, in order to discover whether any of them are in a dangerous condition, and to cause such as may be dangerous to be put in a safe condition, to regulate the manner of putting up stoves and stove pipes, to prevent fires and the use of fire works and fire arms within the limits of said village, or such part thereof as they may think proper, to compel the inhabitants of said village to aid in the extinguiahment of fires, and to
636
HISTORY OF WAUKESHA COUNTY.
pull down and raze such buildings in the vicinity of the fire as shall be directed by the Trustees or any four of them who may be at the fire, for the purpose of preventing its communication to other buildings, and any building so destroyed shall be paid for by the corporation ; to construct and preserve reservoirs, pumps, wells and other water works, and to regulate the use thereof, and generally to establish other measures of prudence for the prevention or extinguishment of fires as they may deem proper. Second, to prevent, abate and remove nuisances, and take such measures for the public health as they may deem proper, and compel the owner or occupant of any grocery, cellar, tallow-chandler's shop, soap factory, tannery, stable, barn, privy, sewer or other unwholesome or nauseous houses or places, to cleanse, remove or abate the same, from time to time, as often as it may be deemed necessary for the health, comfort and convenience of the inhabitants of the village. Third, to license and regulate the exhibitions of common showmen, or shows of any kind, or the exhibition of any natural or artificial curiosities, caravans, cir- cuses, or theatrical performances, under the ordinances or common law. Fourth, to restrain and prohibit all descrip- tions of gambling, and fraudulent devices and practices, and all playing of cards, dice or other games of chance, for the purpose of gaming in said village. Fifth, to prevent any riots, noise, disturbances or disorderly assem- blages, suppress and restrain disorderly houses, or groceries, or houses of ill-fame, shows and exhibitions. Sixth, to direct the location and management of all slaughter houses and markets. Seventh, to prevent the encumbering the streets, sidewalks, alleys or public grounds with carriages, carts, wagons, sleighs, boxes, lumber, firewood or other materials ur substance whatever. Eighth, to prevent horse racing, immoderate driving or riding in the streets, and to regulate the places of bathing and swimming in waters within the limits of the village. Ninth, to restrain the running at large of cattle, swine, sheep, horses and other animals, and to authorize the distraining and sale of the same or to impose a fine not exceeding $5 for every such animal found so going at large in violation of the laws of the village. Tenth, to prevent the running at large of dogs, and to authorize the destruction of the same in a summary manner, when at large contrary to the ordinances, or to impose a tax on the same. Eleventh, to prevent any person from bringing, depositing or having within said village any putrid carcass, or any unwholesome substance, and to require the removal of the same by any person who may have upon his premises any such substance, or any putrid or unwholesome beef, pork, fish, hides or skins of any kind, and in default to authorize the removal thereof by some com- petent officer at the expense of such person or persons. Twelfth, to establish and regulate boards of health, provide hospitals and cemetery grounds, regulate the burial of the dead, and the returns of the bills of mortality, and to exempt burying grounds set apart for public use from taxation. Thirteenth, to provide for the security and protection of bridges. Fourteenth, to prevent all persons riding or driving any horse, ox, mule, cattle or other animal on the sidewalks in said village, or in any way doing any damage to such walks. Fifteenth, to restrain drunkards, immoderate drinking or obscenity in the streets or public places, and provide for arresting, removing or punishing any person or persons who may be guilty of the same. Sixteenth, to regulate the police of the village, to appoint watchmen and firemen, prescribe their duties and punish their delinquencies. Seventeenth, to protect trees and monuments in the village. Eighteenth, to provide for draining low, wet or marshy lands in said village; and shall have power to tax the property directly benefitted by such drains in such proportion to the benefit derived therefrom as may be determined by the Presi- dent and Trustees, and for such purposes may enter upon such lands and any adjacent lands for the purpose of dig- ging or constructing such drain. Nineteenth, to establish the grade of all streets in said corporation, and to appoint a surveyor and prescribe his duties, and fix his compensation, not to exceed the pay allowed by law to others for like services. Twentieth, to appoint auctioneers, and compel to pay license.
SEC. 54-If any election provided for in this act shall for any cause not be held at the time prescribed, it shall not be considered a sufficient reason for arresting, suspending or absolving the said corporation, but such election may be held at any time thereafter by order of the trustees of said village, of which time ten days' public notice shall be given. .
SEC. 55-The trustees shall have power to appoint, and at their pleasure remove, the following officers, to wit : one chief engineer of the fire department, two fire wardens, as many assistant wardens as they shall from time to time deem necessary ; one surveyor, one sealer of weights and measures, sextons and keepers of burial grounds, and a street commissioner, and prescribe their duties and fix their compensation under the provisions of this act, and to impose and enforce in law such penalties as the said trustees may deem proper for any malfeasance or improper conduct of any of said officers, and to require bonds for the faithful performance of the duties of such of them as may be deemed expedient and necessary by the trustees : Provided, That the trustees shall have no power to pay them- selves any compensation for their services.
In 1860, the charter was amended in such a manner as to prevent the Village Board from levying more than $500 per year for defraying municipal expenses, unless, at a special election, a two-thirds vote could be secured for levying a greater sum. In 1870, this section was amended in such a manner as to allow the trustees to levy $1,000 per annum for village expen- ses, and more if permission could be obtained by a two-thirds vote at a special election held for that purpose.
The following are some of the more important village ordinances :
SECTION 1-No person shall throw, place, or deposit any putrid meat or fish, decayed vegetables, or nuisances of any kind, in any street or alley, or upon any vacant lot in this village, under the penalty of five dollars for each and every offense.
SEC. 5-All ornamental or shade trees, or posts of any kind, hereafter placed or set out in any street in this village, shall be placed within one foot of the outer grade of the sidewalk of such street.
SEC. 14-No person shall ride, drive, or lead any animal upon any sidewalk in this village, unless in necessarily crossing the same, under the penalty of two dollars for each offense.
637
HISTORY OF WAUKESHA COUNTY.
SEC. 1-No horses, mules, cattle, sheep, swine, geese, or other animal shall be suffered to be at large in the streets or upon the public grounds of the village of Waukesha.
SEC. 1-No person shall keep any hog, pig, cow, ox, jack, mule or other animal in this village, within forty feet of any dwelling house other than the dwelling house actually occupied by such person so keeping any such animal, unless by permission of the Board of Trustees.
SEC. 1-The President and Trustees of the village of Waukesha shall have power to appoint one suitable person who shall be known as " wood inspector," who shall keep an office at some central and convenient place in said village, whose duty shall be to measure all wood offered for sale in said village.
SEC. 1-No person shall keep within this village a billiard table, shuffle board, E. O. table, faro-table, ten-pin alley, or any other instrument of gaming with which money shall in any manner be played for, and every such person shall, for each and every such offense forfeit the penalty of ten dollars.
SEC. 1-No person shall be allowed to fish with hook and line from or under any bridge or from or within sixty feet of any bridge or street in the village of Waukesha.
Under the act of incorporation, H. N. Davis, Thomas H. Olin and John Wagner, Jr., Supervisors of the town of Waukesha, appointed Wednesday, June 30, 1852, as the day of the first village election, and Joseph Turner, E. M. Randall and Vernon Tichenor as the Judges of Election. There were 253 votes polled, of which, for President, E. B. West received 120; Nelson Burrows, 127 ; S. S. Case, 3, and John Bailey, 1. The first meeting of the village fathers was held July 1. 1852, in the office of the Town Clerk. The first resolution to assess taxes authorized the collection of $300 to pay the "expenses of the new government for the year."
The first sidewalk-tax, which created something of a hullabaloo among some of the tax- payers, was as follows, with the cost of publication to be added :
TAX LIST for constructing a SIDEWALK on the south side of Wisconsin street, from the west line of Lot 6, in Block 5, to the east line of Lot 10, in Block D. Ordered by the Board of Trustees, September 16, 1852 :
NAMES.
LOT.
BLOCK.
VALUATION.
TAX.
Silas Wear
10
D.
30
$ 6 47
George Campbell
11
35
7.55
George Campbell
12
40
8.63
William Purinton
1
C.
45
9.70
H. N. Davis
2
...
35
7.55
H. N. Davis
3
...
35
7.55
William Durant
4
...
40
8.63
William Durant.
5
...
190
40.97
Isaac Lain
6
70
15.08
W. D. Bacon
7
...
70
15.08
Baptist Church
8
...
100
21.59
Congregational Church
1
5
80
17.24
M. & M. Railroad Company .
2
135
29.00
J. R. Prouty
3
...
45
9.70
J. R. Prouty, 50 by 150 fect on northwest corner
2
45
9.70
William Morse
4
...
60
12.94
John Pullen
5
...
...
140
30.20
Total
$2255
$486.00
Dated at Waukesha, this 14th day of October, A. D. 1852.
N. BURROUGHS, President.
Attest. S. S. CASE, Clerk pro tem.
Pursuant to the act to incorporate the village of Waukesha, the taxes assessed in the above list are required to be paid in labor, materials or money, within twenty days from the date hereof-provided the labor and materials aforesaid in payment of such taxes are suitable.
G. C. CONE, Street Commissioner.
WAUKESHA, October 19, 1852.
FOR constructing a SIDEWALK, on the northerly side of Mill street, from William Moor's Lot, No. 7, to Fox River, and from Fox River to the building now occupied by Messrs. Sellers and Clinton ; and also a SIDEWALK on
60
12.94
Charles Chesley
6
...
1000
215.48
Morris D. Cutler, 83 acres Cutler's Block
. .
.
638
HISTORY OF WAUKESHA COUNTY.
the southerly side of Madison street, from a point opposite said building to River street. Ordered by this Board of Trustees, September 16, 1852.
Value.
TAX.
Messrs. Bacon, Poole and Blackwell, Lots 1, 2, 3 and 4 in Lockwood and Barstow's Subdivision of part and addition to plat of Prairieville
$165
$14 68
G. H. Barstow, Lot No. 5, in Prairieville
90
8 10
Robert Mangold, Lot No. 6, in Prairieville
40
3 60
Blair and Smith, so much of the Mill Reserve as is occupied by their stove, furnace and black- smith shops, value
350
30,00
Also, so much of the Mill Reserve as is occupied by the stone building lately owned and occupied by W. D. Bacon, value
200
17 75
J. L. Bean and T. H. Olin, so much of the Mill Reserve as lies northwest of Mill street, and west and south of the stone building now owned by Blair and Smith, value.
100
8 83
J. L. Bean, so much of the Mill Reserve as has been surveyed into lots 150 feet deep, fronting on the northerly side of Madison street, between Fox River and Block P, in the North west Addition to Prairieville, value
150
13 24
Milwaukee and Mississippi Railroad Co., part of Mill Reserve, bounded southeast by Fox River, northwest by Block R, in the Northwest Addition to Prairieville, and northeast by Madison street, value.
300
6 50
Also, Lots Nos 1 and 2 in Block K, in the North west Addition to Prairieville, value.
300
26 50
Total tax
$150 00
Dated at Waukesha, this 14th day of October, A. D. 1852.
N. BURROUGHS. President.
Attest. S. S. CASE, Clerk pro tem.
Pursuant to the act to incorporate the village of Waukesha, the taxes assessed in the above list are required to be paid, in labor, materials or money, within twenty days from the date hereof; provided the labor and materials aforesaid in payment for such taxes are suitable.
WAUKESHA, October 19, 1852.
G. C. CONE, Street Commissioner.
FATHER OF THE SARATOGA OF THE WEST.
No one denies that before the discovery of the valuable medical properties of the Bethesda Spring, which led to the discovery of similar virtues in the numerous other springs in the vicin- ity, Waukesha was comparatively a dull and unimportant place. It was near to Milwau- kee, whose markets were liberally patronized by the people, thus making the mercantile busi- ness less profitable, and it contained few manufactories. Everything was made the most of, doubt- less ; but there was comparatively little here for the making of a large and thrifty center of population.
Whether Richard Dunbar's discovery was providential or not, it certainly was fortunate for himself, the village and the world; for it bore him safely over a grave which seemed to be already in sight ; added new life and prosperity to Waukesha, and opened the doors of health to thousands of his afflicted fellow-mortals.
A sketch of his life may, therefore, very properly appear at this point. He is entitled to the distinctive appellation which is given him in the title of this article, and his energy in advertising Waukesha to the world, while many of those who are now reaping the rich benefits of his labors were sneering at his faith and opposing him in all possible ways, it will be held in more grateful remembrance as time rolls on and reveals the real magnitude of his work.
Richard Dunbar, although well known in other connections, was chiefly famous as the dis- coverer of the Bethesda Mineral Spring, at Waukesha. He was born May 1, 1836, in County Mayo, Ireland, of Scotch-Irish parentage. His grandfather having been named Richard, and his father also Richard, he was playfully styled " Richard the Third." He came to the United States when quite a young man, and was afterward a successful railroad contractor. He was a partner several years of the Hon. Seeley Chamberlain, of Ohio. He married his first wife and lived some time in Ohio, where the wife died leaving no issue. He came to Wisconsin about thirty years ago, and engaged in railroad building in company with Alexander Graham, of
639
HISTORY OF WAUKESHA COUNTY.
Whitewater. He was married in 1857 to Catherine, third child of William Clarke, of Wau- kesha. Not long after marriage, he went to Cuba, and was soon given the contract by the Span- ish Government to build what they called " The immense railroad of the West. " This proved a very lucrative enterprise. They returned to New York in the spring of 1861, and Mr. Dun- bar was soon called to engage in building the aqueduct which brings Potomac water into Wash- ington. Then he returned to Brooklyn, and for some years held an honorable position in the Internal Revenue Department in the city of New York.
Dr. Willard Parker, Sr., of New York, his family physician, first discovered Mr. Dunbar's failing health, which was caused mainly by diabetes, and advised him to make an ocean voyage, and revisit his native clime. After visiting all the famous springs of Europe without finding relief, he returned to America discouraged. In August, 1868, he was called West from New York by the death of Mrs. Dunbar's mother. His family physician had prophesied death within two months, claiming that medical skill had been exhausted. He was quite feeble and enduring much suffering. About this date, while being driven out for air and exercise, he provi- dentially drank from this spring, since so famous. In his eagerness, he drank six tumblerfuls. His thirst was fully satisfied, and a strange, refreshing sensation went coursing through his sys- tem. After resting half an hour under the old guardian oak near the spring, he again drank freely of the water. The result was wonderful profuse perspiration and restful relief followed the first all-night's sleep enjoyed for years. The benefits were continuous with use, but early the following year, while absent, he suffered a relapse. On hastening to the spring again and finding the same relief in effect, he soon after purchased the spring and its beautiful surround- ings. He named the spring "Bethesda," in memory of the healing pool at Jerusalem, and because of the goodness and mercy of the Lord in leading him to its healing waters. He pro- claimed the virtues of this spring. People came, drank and were healed. The angel of health had blessed the spring, and tens of thousands of the afflicted have since sung its praises in all quarters of the globe. Waukesha, till the discovery of Bethesda, was " little and unknown." The Colonel's cure gave him unfaltering faith in the curative properties of the water; and this unwavering faith, combined with his business ability, indomitable will and tireless efforts, soon made " Bethesda " and " Waukesha " household words. The popular demand for Bethesda water, turned the tide of summer tourists to Waukesha. The spring was a source of health and wealth. New life and prosperity came to Waukesha. Though at first the best citizens smiled or sneered at the Colonel's enthusiasm and prophetic visions, yet now all concede that to Richard Dunbar's success does Waukesha owe its present prosperity and proud pre-eminence as the "Saratoga of the West." Col. Dunbar lived years after the discovery of Bethesda, and, having nobly earned success, he enjoyed the rewards of his persevering genius. Waukesha, Bethesda and Dunbar, names inseparably linked, became world renowned. After a brief illness, Col. Dunbar passed from earth on the 15th of December, 1878. Few men had a wider cir- cle of friends or more sincere mourners. His remains now rest in the grand chapel at Notre Dame, Ind. The discourses of the clergy, the expressions of sorrow from his fellow-citizens, as well as the many letters of condolence received by Mrs. and Miss Dunbar from distinguished individ- uals, illustrate the position which he held before the world and among those who knew him best. Though he was human and therefore not without faults, and sometimes subject to criticism, especially from ambitious rivals, yet, take him all in all, we do not often look upon his like. Nature made him a commanding type of manhood; a practical education, extended travels, shrewd observation, great executive ability and irrepressible energy made him a marked man among men. Young and old testify, " Col. Dunbar was a gentleman." His affable manner and generous heart made thousands happy to call him friend. His refined tact gave satisfaction in business relations, although he was often sharply antagonized by persons impatient at opposition and persistent in purpose. His enthusiasm for Bethesda was unbounded, his charities liberal, and his hospitality princely. His fame is now in the keeping of an appreciative public. His suc- cessful life-work is the heritage of a bereaved wife and stricken daughter. His devotion to the latter, Miss Estelle, was a marked feature of his character.
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