USA > Wisconsin > Jefferson County > The history of Jefferson county, Wisconsin, containing biographical sketches > Part 14
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The "Wisconsin State Horticultural Society," although previously organized, first under the ame of the " Wisconsin Fruit Growers' Association," was not incorporated until the 24th of March, 1871-the object of the society being to improve the condition of horticulture, rural dornment and landscape gardening. By a law of 1868, provision was made for the publication of the society's transactions in connection with the State agricultural society; but by the act
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of 1871, this law was repealed and an appropriation made for their yearly publication in separate form; resulting in the issuing, up to the present time, of seven volumes, The society holds annual meetings at Madison.
At the November election both republicans and democrats had a full ticket for the suffrages of the people. The republicans were successful, electing for governor, C. C. Washburn; M. H. Pettitt, for lieutenant governor; Llywelyn Breese, for secretary of state ; Henry Baetz, for state treasurer ; Samuel Fallows, for superintendent of public instruction ; S. S. Barlow, for attorney general; G. F. Wheeler, for state prison commissioner ; and O. C. Johnson, for state commis- sioner of immigration. . At this election an amendment to article four of the constitution of the State was ratified and adopted by the people. As it now stands, the legislature is prohibited from enacting any special or private laws in the following cases : 1st. For changing the names of persons or constituting one person the heir-at-law of another. 2d. For laying out, opening, or altering highways, except in cases of State roads extending into more than one county, and mili- tary roads to aid in the construction of which lands may be granted by congress. 3d. For authorizing persons to keep ferries across streams, at points wholly within this State. 4th. For authorizing the sale or mortgage of real or personal property of minors or others under disability. 5th. For locating or changing any county seat. 6th. For assessment or collection of taxes or for extending the time for the collection thereof. 7th. For granting corporate powers or privileges, except to cities. 8th. For authorizing the apportionment of any part of the school fund. 9th. For incorporating any town or village, or to amend the charter thereof. The legislature shall provide general laws for the transaction of any business that may be prohibited in the foregoing cases, and all such laws shall be uniform in their operation throughout the State.
Industrially considered, the year 1871 had but little to distinguish it from the average of previous years in the State, except that the late frosts of Spring and the drouth of Summer dimin- ished somewhat the yield of certain crops. With the exception of slight showers of only an hour or two's duration, in the month of September, no rain fell in Wisconsin from the eighth of July to the ninth of October-a period of three months. The consequence was a most calamitous event which will render the year 1871 memorable in the history of the State.
The great drouth of the Summer and Fall dried up the streams and swamps in Northern Wisconsin. In the forests, the fallen leaves and underbrush which covered the ground became very ignitable. The ground itself, especially in cases of alluvial or bottom lands, was so dry and parched as to burn readily to the depth of a foot or more. For many days preceding the com- mencement of the second week in October fires swept through the timbered country, and in some instances over prairies and " openings." Farmers, saw-mill owners, railroad men and all others interested in exposed property, labored day and night in contending against the advance of devouring fires, which were destroying, notwithstanding the ceaseless energies of the people, an occasional mill or house and sweeping off, here and there, fences, haystacks and barns. Over the counties lying upon Green bay and a portion of those contiguous thereto on the south, southwest and west, hung a general gloom. No rain came. All energies were exhausted from " fighting fire." The atmosphere was every where permeated with smoke. The waters of the bay and even Lake Michigan, in places, were so enveloped as to render navigation difficult and in some instances dangerous. It finally became very difficult to travel upon highways and on railroads. Time drew on-but there came no rain. The ground in very many places was burned over. Persons sought refuge-some in excavations in the earth, others in wells.
The counties of Oconto, Brown, Kewaunee, Door, Manitowoc, Outagamie and Shawano were all more or less swept by this besom of destruction ; but in Oconto county, and for some distance into Menomonee county, Michigan, across the Menomonee river, on the west shore of
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he bay and throughout the whole length and breadth of the peninsula,-that is, the territory ying between the bay and Lake Michigan,-the fires were the most devastating. The first week n October passed ; then came an actual whirlwind of fire-ten or more miles in width, and of ndefinite length. The manner of its progress was extraordinary. It destroyed a vast amount of property and many lives. It has been described as a tempestuous sea of flame, accompanied by . most violent hurricane, which multiplied the force of the destructive element. Forests, farm mprovements and entire villages were consumed. Men, women and children perished-awfully erished. Even those who fled and sought refuge from the fire in cleared fields, in swamps, akes and rivers, found, many of them, no safety there, but were burned to death or died of suf- ocation.
This dreadful and consuming fire was heralded by a sound likened to that of a railroad rain - to the roar of a waterfall - to the noise of a battle at a distance. Not human beings nly, but horses, oxen, cows, dogs, swine - every thing that had life - ran to escape the impend- ng destruction. The smoke was suffocating and blinding ; the roar of the tempest deafening ; he atmosphere scorching. Children were separated from their parents, and trampled upon by razed beasts. Husbands and wives rushed in wild dismay, they knew not where. Death rode riumphantly upon that devastating, fiery flood. More than one thousand men, women and hildren perished. More than three thousand were rendered destitute -utterly beggared. Iothers were left with fatherless children ; fathers with motherless children. Every where were homeless orphans. All around lay suffering, helpless humanity, burned and maimed. Such was he sickening spectacle after the impetuous and irresistible wave of fire swept over that portion of the State. This appalling calamity happened on the 8th and 9th of October. The loss of property has been estimated at four million dollars.
At the tidings of this fearful visitation, Governor Fairchild hastened to the burnt district, to ssist, as much as was in his power, the distressed sufferers. He issued, on the 13th of the nonth, a stirring appeal to the citizens of Wisconsin, for aid. It was promptly responded to rom all portions of the State outside the devastated region. Liberal contributions in money, lothing and provisions were sent - some from other States, and even from foreign countries. Northwestern Wisconsin also suffered severely, during these months of drouth, from large fires.
A compilation of the public statutes of Wisconsin was prepared during the year 1871, by David Tayor, and published in two volumes, generally known as the Revised Statutes of 1871. it was wholly a private undertaking ; but the legislature authorized the secretary of state to purchase five hundred copies for the use of the State, at its regular session in 1872.
THIRTEENTH ADMINISTRATION. - C. C. WASHBURN, GOVERNOR - 1872-1873.
The thirteenth gubernatorial administration in Wisconsin commenced on Monday, January , 1872. The only changes made, in the present administration from the previous one, were in he offices of governor and lieutenant governor.
The twenty-fifth regular session of the legislature began on the roth of January, with a epublican majority in both houses. Daniel Hall was elected speaker of the assembly. The next day the governor delivered to a joint convention of the legislature his first annual message - a lengthy document, setting forth in detail the general condition of State affairs. The recent great conflagrations were referred to, and relief suggested. The work of this session of the Leg- slature was peculiarly difficult, owing to the many general laws which the last constitutional mendment made necessary. The apportionment of the State into new congressional districts vas another perplexing and onerous task. Eight districts were formed instead of six, as at the commencement of the last decade. By this, the fourth congressional apportionment, each district
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elects one member. The first district consists of the counties of Rock, Racine, Kenosha, Wal- worth, and Waukesha; the second, of Jefferson, Dane, Sauk, and Columbia ; the third, of Grant, Iowa, LaFayette, Green, Richland, and Crawford ; the fourth, of Milwaukee, Ozaukee, and Wash- ington ; the fifth, of Dodge, Fond du Lac, Sheboygan and Manitowoc; the sixth, of Green Lake, Waushara, Waupaca, Outagamie, Winnebago, Calumet, Brown, Kewaunee and Door; the sev- enth, of Vernon, La Crosse, Monroe, Jackson, Trempealeau, Buffalo, Pepin, Pierce, St. Croix, Eau Claire, and Clark ; the eighth, of Oconto, Shawano, Portage, Wood, Juneau, Adams, Marquette, Marathon, Dunn, Chippewa, Barron, Polk, Burnett, Bayfield, Douglas, and Ashland. To this district have since been added the new counties of Lincoln and Taylor.
After a session of seventy-seven days, the legislature finished its work, adjourning on the twenty-seventh of March. At the ensuing November election, the republican ticket for presi- dent and vice president of the United States was successful. The ten electors chosen cast their votes in the electoral college for Grant and Wilson. In the eight congressional districts, six republicans and two democrats were elected to the forty-third congress; the last mentioned from the fourth and fifth districts. C. G. Williams represented the first district; G. W. Hazel- ton the second; J. Allen Barber the third ; Alexander Mitchell the fourth ; C. A. Eldredge the fifth ; Philetus Sawyer the sixth ; J. M. Rusk the seventh ; and A. G. McDill the eighth district.
Throughout Wisconsin, as in all portions of the Union outside the State, a singular pesti- lence prevailed among horses in the months of November and December, 1872, very few escap- ing. Horses kept in warm, well ventilated stables, avoiding currents of air, with little or no medicine, and fed upon nutritious and laxative food, soon recovered. Although but few died, yet the loss to the State was considerable, especially in villages and cities, resulting from the diffi- culty to substitute other animals in the place of the horse during the continuance of the disease.
The twenty-sixth regular session of the State legislature commenced on the eighth day of January, 1873, with a republican majority in both houses. Henry D. Barron was elected speaker of the assembly. On the ninth, Governor Washburn's message -his second annual one - was delivered to the two houses. It opened with a brief reference to the abundant returns from agricultural pursuits, to the developments of the industries of the state, to the advance in manufacturing, to the rapid extension in railways, and to the general and satisfactory progress in education, throughout Wisconsin. He followed with several recommendations-claiming that "many vast and overshadowing corporations in the United States are justly a source of alarm," and that "the legislature can not scan too closely every measure that should come before it which proposed to give additional rights and privileges to the railways of the state." He also recommended that the " granting of passes to the class of state officials who, through their public office, have power to confer or withhold benefits to a railroad company, be prohibited." The message was favorably commented upon by the press of the state, of all parties. " If Governor Washburn," says one of the opposition papers of his administration, " is not a great statesman, he is certainly not a small politician." One of the first measures of this legislature was the elec- tion of United States senator, to fill the place of Timothy O. Howe, whose term of office would expire on the fourth of March next ensuing On the twenty-second of January the two houses met in joint convention, when it was announced that by the previous action of the senate and assembly, Timothy O. Howe was again elected to that office for the term of six years. On the twentieth of March, the legislature adjourned sine die, after a session of seventy-two days.
Milton H. Pettitt, the lieutenant governor, died on the 23d day of March following the adjournment. By this sudden and unexpected death, the State lost an upright and conscientious public officer.
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Among the important aets passed by this legislature was one providing for a geological sur- vey of the State, to be begun in Ashland and Douglas counties, and completed within four years, by a chief geologist and four assistants, to be appointed by the governor, appropriating for the work an annual payment of thirteen thousand dollars. An aet providing for a geological survey, of the State, passed by the legislature, and approved March 25, 1853, authorized the governor to appoint a state geologist, who was to select a suitable person as assistant geologist. Their duties were to make a geological and mineralogical survey of the State. Under this law Edward Daniels, on the first day of April, 1853, was appointed state geologist, superseded on the 12th day of August, 1854, by James G. Percival, who died in office on the 2d of May, 1856, at Hazel Green. By an aet approved March 3, 1857, James Hall, Ezra Carr and Edward Daniels were appointed by the legislature geological commissioners. By an aet approved April 2, r860, Hall was made principal of the commission. The survey was interrupted by a repeal, March 21, 1862, of previous laws promoting it. However, to complete the survey, the matter was reinstated by the act of this legislature, approved March 29, the governor, under that act, appointing as chief geologist Increase A. Lapham, April 10, 1873.
Another aet changed the management of the state prison - providing for the appointment by the governor of three directors; one for two years, one for four years, and one for six years, in place of a state prison commissioner, who had been elected by the people every two years, along with other officers of the State.
At the Spring election, Orsamus Cole, who had been eighteen years upon the bench, was re-elected, without opposition, an associate justice of the supreme court, for a term of six years from the first Monday in January following. The two tickets in the field at the Fall election were the republican and the people's reform. The latter was successful ; the political seepter ssing out of the hands of the republicans, after a supremacy in the State continuing unbroken since the beginning of the seventh administration, when A. W. Randall (governor for. a second erm) and the residue of the State officers were elected- all republicans.
The general success among the cultivators of the soil throughout the state during the year, notwithstanding "the crisis," was marked and satisfactory ; but the financial disturbances during he latter part of the Fall and the first part of the Winter, resulted in a general depreciation of prices.
FOURTEENTH ADMINISTRATION. - WILLIAM R. TAYLOR, GOVERNOR -1874-75.
The fourteenth administration of Wisconsin commenced at noon on Monday, the fifth day of January, 1874, by the inauguration of William R. Taylor as governor; Charles I). Parker, ieutenant governor; Peter Doyle, secretary of state; Ferdinand Kuehn, state treasurer ; 1. Scott Sloan, attorney general; Edward Searing, superintendent of publie instruction ; ind Martin J. Argard, state commissioner of immigration. These officers were not lected by any distinctive political party as such, but as the representatives of a new political organization, including "all Democrats, Liberal Republicans, and other elcetors of Wisconsin, friendly to genuine reform through equal and impartial legislation, honesty n office, and rigid economy in the administration of affairs." Among the marked characteristics of the platform agreed upon by the convention nominating the above-mentioned ticket was a leclaration by the members that they would "vote for no candidate for office whose nomination s the fruit of his own importunity, or of a corrupt combination among partisan leaders ;" nother, "that the sovereignty of the State over corporations of its own creation shall be sacredly espeeted, to the full extent of protecting the people against every form of monopoly or extor- ion," not denying, however, an encouragement to wholesome enterprise on the part of aggre-
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gated capital-this "plank " having special reference to a long series of alleged grievances assumed to have been endured by the people on account of discriminations in railroad charges and a consequent burdensome taxation upon labor-especially upon the agricultural industry of the State.
The twenty-seventh regular session of the Wisconsin legislature commenced at Madison on the fourteenth of January. The two houses were politically antagonistic in their majorities ; the senate was republican, while the assembly had a "reform" majority. In the latter branch, Gabriel Bouck was elected speaker. Governor Taylor, on the fifteenth, met the legislature in joint convention and delivered his message. " An era," said he, "of apparent prosperity without parallel in the previous history of the nation, has been succeeded by financial reverses affecting all classes of industry, and largely modifying the standard of values." "Accompanying these financial disturbances," added the governor, " has come an imperative demand from the people for a purer political morality, a more equitable apportionment of the burdens and blessings of government, and a more rigid economy in the administration of public affairs."
Among the important acts passed by this legislature was one generally known as the " Potter Law," from the circumstance of the bill being introduced by Robert L. D. Potter, sen- ator, representing the twenty-fifth senatorial district of the state. The railroad companies for a number of years had, as before intimated, been complained of by the people, who charged them with unjust discriminations and exorbitantly high rates for the transportation of passengers and merchandize. All the railroad charters were granted by acts at different times of the State leg- islature, under the constitution which declares that " corporations may be formed under general laws, but shall not be created by a special act, exeept for municipal purposes and in cases where, in the judgment of the legislature, the objects of the corporations can not be attained under general laws. All general laws, or special acts, enacted under the provisions of this section, may be altered or repealed by the legislature at any time after their passage." The complaints of the people seem to have remained unheeded, resulting in the passage of the " Potter Law." This law limited the compensation for the transportation of passengers, classi- fied freight, and regulated prices for its transportation within the State. It also required the governor on or before the first of May, 1874, by and with the consent of the senate, to appoint three railroad commissioners; one for one year, one for two years, and one for three years, whose terms of office should commence on the fourteenth day of May, and that the governor, thereafter, on the first day of May, of each year, should appoint one commissioner for three years. Under this law, the governor appointed J. H. Osborn, for three years; George H. Paul, for two years ; and J. W. Hoyt, for one year. Under executive direction, this commission inau- gurated its labors by compiling, classifying, and putting into convenient form for public use for the first time, all the railroad legislation of the State.
At the outset the two chief railroad corporations of the State -- the Chicago, Milwaukee and St. Paul, and the Chicago and Northwestern-served formal notice upon the governor of Wis- consin that they would not respect the provisions of the new railroad law. Under his oath of office, to support the constitution of the State, it was the duty of Governor Taylor to expedite all such measures as should be resolved upon by the legislature, and to take care that the laws be faithfully executed. No alternative, therefore, was left the chief executive but to enforce the law by all the means placed in his hands for that purpose. He promptly responded to the noti- fication of the railroad companies by a proclamation, dated May 1, 1874, in which he enjoined compliance with the statute, declaring that all the functions of his office would be exercised in faithfully executing the laws, and invoking the aid of all good citizens thereto. "The law of the land," said Governor Taylor, " must be respected and obeyed." " While none," continued he,
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" are so weak as to be without its protection, none are so strong as to be above its restraints. If provisions of the law be deemed oppressive, resistance to its mandates will not abate, but rather multiply the anticipated evils." "It is the right," he added, "of all to test its validity through the constituted channels, but with that right is coupled the duty of yielding a general obedience to its requirements until it has been pronounced invalid by competent authority."
The railroad companies claimed not merely the unconstitutionality of the law, but that its enforcement would bankrupt the companies, and suspend the operation of their lines. The governor, in reply, pleaded the inviolability of his oath of office and his pledged faith to the people. The result was an appeal to the courts, in which the State, under the direction of its governor, was compelled to confront an array of the most formidable legal talent of the country. Upon the result in Wisconsin depended the vitality of much similar legislation in neighboring States, and Governor Taylor and his associate representatives of State authority were thus compelled to bear the brunt of a controversy of national extent and consequence. The contention extended both to State and United States courts, the main question involved being the constitutional power of the State over corporations of its own creation. In all respects, the State was fully sustained in its position, and, ultimately, judgments were rendered against the corporations in all the State and federal courts, including the supreme court of the United States, and estab- lishing finally the complete and absolute power of the people, through the legislature, to modify or altogether repeal the charters of corporations.
Another act of the session of 1874 abolished the office of State commissioner of immigra- tion, "on and after " the first Monday of January, 1876. The legislature adjourned on the twelfth of March, 1874, after a session of fifty-eight days.
The office of state prison commissioner having. by operation of law, become vacant on the fifth day of January, 1874, the governor, on the twenty-third of that month, appointed for State prison directors, Joel Rich, for tw , years ; William E. Smith, for four years ; and Nelson Dewey, for six years : these to take the place of that officer.
On the sixteenth of June, Chief Justice Dixon, whose term of office would have expired on the first Monday in January, 1876, resigned his seat upon the bench of the supreme court, Governor Taylor appointing Edward G. Ryan in his place until his successor should be elected and qualified. At the November election of this year, the members chosen to the forty-fourth congress were-Charles G. Williams, from the first district; Lucian B. Caswell, from the second ; Henry S. Magoon, from the third; William Pitt Lynde, from the fourth; Samuel D. Burchard, from the fifth; A. M. Kimball, from the sixth; Jeremiah M. Rusk, from the seventh, and George W. Cate, from the eighth district. Lynde, Burchard and Cate were "reform ; " the residue were republican.
At the same election, an amendment to section 3 of article 11 of the constitution of the State was duly ratified and adopted by the people. Under this section, as it now stands, it is the duty of the legislature, and they are by it empowered, to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and taxation, and in contracting debts, by such municipal corporations. No county, city, town, village, school district, or other municipal corporation, shall be allowed to become indebted in any manner, or for any purpose, to any amount, including existing indebtedness in the aggregate, exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness. Any county, city, town, village, school district, or other municipal corporation, incurring any indebt- edness as aforesaid, shall, before, or at the time of doing so, provide for the collection of a direct
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