USA > Wisconsin > Wisconsin: comprising sketches of counties, towns, events, institutions, and persons, arranged in cyclopedic form: > Part 7
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Co-Employe Law, First .- The legislature of 1875, known as one of the Granger sessions, passed a co-employe bill holding railroad companies liable for the injury of employes where the injury was caused by negligence of a company employe, providing the negli- gence of the injured party did not materially contribute to the re- sult.
Co-Employe Law, Railroad .- Every railroad in this state is lia- ble for damages sustained by any of its employes, provided the lat- ter is not guilty of contributory negligence, (1) when the injury is caused by a defect in the rolling stock, road-bed, machinery or ap- pliances which the employe is required by the company to use about his particular business, if the company could discover the de- fects by reasonable and proper care, tests and inspections, proof of such defective condition being made presumptive evidence of knowl- edge thereof by the company ; and (?) when such injury is sustained any officer, agent, servant or employe of such company, while en- gaged in his duty, and which injury was caused by the carelessness or negligence of any other officer, agent, servant or employe while in the discharge or failure to discharge his duty as such, provided that the injury arises from a risk or hazard peculiar to the opera- tion of the railroads. The railroad cannot relieve itself from the full liability of this law by any rule, regulation, receipt or contract with the employe.
Colburn, a country postoffice of Chippewa county, 25 miles north- east of Chippewa Falls, the county seat.
Colby .- This is an incorporated city on the W. C. Ry., on the boundary line of Clark and Marathon counties, but credited to the former by the U. S. postal authorities. Colby's population is 849 and it is 40 miles northeast of Neillsville, the county seat of Clark county, and about the same distance west of Wausau, the county
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seat of Marathon county. There is one bank and one weekly news- paper, the Phonograph.
Coleman, a post village of 450 people on the C., M. & St. P. Ry. in Marinette county, 20 miles southwest of Marinette, the county seat. The village dates its settlement from 1882.
Cole, Orsamus, a congressman and for 25 years associate justice of the supreme court and for 12 years more chief justice of that court, was born in Cazenovia, Madison county, N. Y., Aug. 13, 1819. He began life on a farm, was fitted for college at the Clinton county liberal institute in New York and was graduated from Union college in 1843. He came to Grant county, this state, in 1845, settling in Potosi, a rough mining town. In 1847 he was a delegate to the constitutional convention of that year. In 1848 after the admis- sion of the state he was elected as a whig to congress and served one term. At the close of that time he resumed his practice of the law. In 1855 he was nominated for associate justice of the supreme court, and was elected and re-elected, serving on that bench until 1892, the longest service yet recorded in the supreme court. His opinions are found in volumes of the Wisconsin supreme court reports from 4 to 81 inclusive. He died May 5, 1903, in Mil- waukee.
Colfax, a post village on the W. C. Ry. and the Red Cedar river in Dunn county, 18 miles northeast of Menomonie, the county seat. The population of 600 supports a bank and a weekly newspaper, the Messenger.
Colgate, a post town of 100 people on the W. C. Ry. in Washing- ton county, 21 miles south of West Bend, the county seat.
Colleges in Wisconsin .- See Seminaries, Colleges, etc., in Wis- consin, List of.
Collins .- See South Wayne.
Collins, a post town of 70 people on the W. C. Ry. in Manitowoc county, 18 miles west of Manitowoc, the county seat.
Coloma, a post town of 70 people in Waushara county, 18 miles west of Wantoma, the county seat. :
Coloma Station, a post station of the W. C. Ry. in Waushara
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county. The inhabitants number 300. , Wautoma, the county seat, is 14 miles east. The town has one bank.
Columbia, a post town of 200 inhabitants on the C., St. P., M. & O. Ry. in Clark county, 7 miles southwest of Neillsville, the county scat.
Columbia County is in the southern part of the state, the name being a poetical derivation from Columbus. It was organized in 1846 two years before the admission of the state. The soil is a fer- tile sandy loam. Columbia county has an area of 780 square miles and a population (1905 census) of 31,192. Portage is the county seat.
Columbus, an incorporated city of Columbia county on the C., M. & St, P. Ry., 28 miles southeast of Portage, the county seat ; originally settled in 1810. The population is 2,338. There are two weekly newspapers, the Republican and the Democrat, and two banks.
Combined Locks, a post town on the Fox river and the C. & N. W. Ry. in Outagamie county, 512 miles east of Appleton, the county seat. The population is 150.
Commission, Wisconsin Battleship, was appointed by Gov. Ed- ward Scofield in 1898 and authorized to designate the young lady to christen new war vessel on behalf of the state, at the launching in San Francisco on November 26. The commission consisted of the Hon. DeWayne Stebbins, of Door county; J. C. Reynolds, of Lake Geneva, and Julius Bleyer of Milwaukee. Miss Elizabeth Stephenson of Marinette was the choice of the commission to break the bottle of wine over the prow of the state's namesake.
Commissioner, Deep Channels .- The legislature of 1895 created the office of deep channels commissioner with a salary of $1,800 and necessary expenses. The proposition did not have much sup- port and the office was abolished in 1897. The alleged purpose of the office was to join representatives of eastern states in their efforts to promote the enterprise of a channel for ocean going vessels from all the Great Lakes to the Atlantic seaboard.
Commissioner, Railroad .- Office abolished by the law of 1905 creating a railroad rate commission. (q. v.)
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Commonwealth, a mining post town of 500 people on the C. & N. W. Ry. in Florence county, just one mile south of Florence, the county seat.
Comstock, a post town on the C., St. P., M. & O. Ry. in Barron county, 14 miles northwest of Barron, the county seat. There are 25 people in Comstock.
Concord, a discontinued postoffice in Jefferson county.
Conover, a postoffice of 40 people on the C. & N. W. Ry. in Vilas county, 11 miles north of Eagle River, the county seat.
Conservatory of Music, United Wisconsin, is located at Milwau- kee; the Wisconsin College of Music and the Wisconsin Conserva- tory of Music were combined in 1901 under this name.
Consolidation Act, Railroad .- An act passed by the legislature of 1857 permitting the consolidation of railroad and plank road com- panies caused a great deal of dissatisfaction, and the subject became quite an important issue. In 1858 a bill was introduced repealing the consolidation act, but though it is said to have passed both houses, it could not be found nor could any record of it be dis- covered. Not until 1863, therefore, was the consolidation act re- pealed. In 1867 a measure was passed permitting the consolidation of the several lines of railway entering Milwaukee, the C., M. & St. P. Ry. coming into control of them.
Constitutional Convention, Members of First .- On August 1, 1846, after the people of the territory had (on April 17 previously) by a vote of 12,334 for and 2,487 against decided in favor of state- hood, Gov. Dodge issued a proclamation calling a convention for the drafting of a constitution and apportioning 124 delegates to the various counties. These delegates were elected September 7. The convention met October 5 and adjourned December 16, 1846. Don A. J. Upham was president and La Fayette Kellogg, secretary. The members were: David Agry, Henry Baird, Brown county ; Lemuel Goodell, Calumet county ; Jeremiah Drake, La Fayette Hill, Columbia county ; Peter A. R. Brace, Crawford county ; John Y. Smith, Abel Dunning, Benj. Fuller, Geo. B. Smith, Nathaniel F. Hyer, John M. Babcock, Dane county ; Wm. M. Dennis, Stoddard Judd. Hiram Barber, Benj. Granger, Horace D. Patch, John H.
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Manahan, Dodge county ; Warren Chase, Lorenzo IIazen, Moses S. Gibson, Fond du Lac county; Thos. P. Burnett, Thos. Crusan, Lorenzo Bevens, Neeley Gray, J. Allen Barber, James Gilmore, Franklin Z. Hicks, Daniel R. Burt, James R. Vineyard, Grant county ; Davis Bowen, Noah Phelps, Wm. C. Green, Hiram Brown, Green county ; Wm. R. Smith, Moses M. Strong, Daniel M. Parkin- son, Thos. Jenkins, Wm. J. Madden, Neman E. Whitesides, Joshua L. White, Thos. James, Andrew Burnside, Moses Meeker. Elihu B. Goodsell, Iowa county; Patrick Rogan, Theodore Pren- tiss, Aaron Rankin, Elihu L. Atwood, Samuel T. Clothier, Peter H. Turner, George Hyer, Jeffrson county ; James P. Hayes, La Pointe county ; Samuel W. Beall, Marquette county ; Evander M. Soper, Manitowoc county ; Don A. J. Upham, Franz Hubschmann, Wallace W, Graham. Garret Vliet. John Crawford, Asa Kinney. Garet M. Fitzgerald, John Cooper, John H. Tweedy, James Magone, Horace Chase, Chas. E. Brown, Milwaukee county; Henry C. Goodrich, Portage county ; Edward G. Ryan, Marshall M. Strong, Frederick S. Lovell, Elijah Steele, Stephen O. Bennett, Nathaniel Dickinson, Daniel Harkin, Chauncey Kellogg, Haynes French, Chatfield H. Parsons, Victor M. Willard. James H. Hall, James B. Carter, T. S. Stockwell, Racine county; A. Hyatt Smith, David Nog- gle, Sanford P. Hammond, James Chamberlain, Joseph S. Pierce, Gea. B. Hall, David L. Mills, John Hackett, Joseph Kinney, Jr., Israel Inman, Jr., Rock county ; Edward Coumbe, Richland county ; Wm. 11. Clark, Sauk county ; William Holcombe, St. Croix county ; David Giddings, Sheboygan county ; Bostwick O'Conner, Edward II. Janssen, Patrick Toland, Chas. J. Kern, Hopewell Coxe, Joel F. Wilson, Washington county; Andrew E. Elmore, Pitts Ellis, George Reed, Elisha W. Edgerton, Rufus Parks, Wm. R. Hesk, Barnes Babcock, Chas. Burchard, James Moore, Benjamin Hunkins, Alexander W. Randall, Waukesha county; Salmous Wakeley, Joseph Bowker, Chas. M. Baker, John W. Boyd, William Bell, Lyman HI. Seaver, Sewall Smith, Joshiah Topping, Wm. Berry, M. T. Hawes, Walworth county ; James Duane Doty, Winne- bago county. The constitution then framed was submitted to a
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vote of the people April 5, 1847, and was rejected by a vote of 20,231 to 14,119.
Constitutional Convention, Members of Second .- A special ses- sion of the territorial legislature was called by Gov. Dodge Septem- ber 27, 1847, and the session convened October 18 following and made provision for a second constitutional convention with 69 mem- bers. The members and counties represented were: Morgan L. Martin, Brown county ; G. W. Featherstonhaugh, Calumet county ; Daniel G. Fenton, Chippewa and Crawford counties; James T. Lewis, Columbia county ; Chas. M. Nichols, Wm. A. Wheeler, Wm. H. Fox, Dane county ; Samuel W. Beall, Warren Chase, Fond du Lac county ; Stoddard Judd, Samuel W. Lyman, Chas. H. Larra- bee, Dodge county; Geo. W. Lakin, John H. Roundtree, Alex- ander D. Ramsey, Orsamus Cole, William Richardson, Grant county ; James Biggs, Win. McDowell, Green county ; Stephen P. Hollenbeck, Chas. Bishop, Joseph Ward, lowa county; Theodore Prentiss, Milo Jones, Abram Vanderpool, Jonas Foltz, Jefferson county ; Chas. Dunn, Allen Warden, John O'Conner, La Fayette county ; Ifarrison Reed, Marquette and Winnebago counties ; Byron Kilbourn, Rufus King, Charles H. Larkin, John L. Doran, Garet M. Fitzgerald, Moritz Schöffler, Albert Fowler, Milwaukee county ; Wm. H. Kennedy, Portage county ; Theodore Secor, Samuel R. McClellan, Horace T. Sanders, Frederick S. Lovell, Stephen A. Davenport, Andrew B. Jackson, Albert G. Cole, Jas. D. Reymert, Racine county ; Almerin H. Carter, Ezra A. Foot, Edward V. Whiton, Paul Crandall, Joseph Colley, Louis P. Ilarvey, Rock county ; Geo. W. Brownell, St. Croix county ; Silas Steadman, She- boygan and Manitowoc counties; Jas. Harrington, Augustus C. Kinne, Geo. Gale, Experience Esterbrook, Hollis Latham, Ezra J. Mulford, Walworth county; Patrick Pentony, Jas. Fagan, Har- vey G. Turner, Washington county ; Peter D. Gifford, Geo. Scagel, Squire S. Case, Alfred L. Castleman, E. P. Cotton, Eleazer Root, Waukesha county. The convention was in session in Madison from December 15, 1847, to February 1, 1848. On March 13, the people of the territory voted on the constitution then prepared, and adopted it by a vote of 16,799 for and 6,381 against.
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Constitution, The State :- Preamble:
We, the people of Wisconsin, grateful to Almighty God for our free- dom ; in order to secure its blessings, form a more perfect gov- ernment, insure domestic tranquillity and promote the general welfare; do establish this Constitution.
'Article I .- Declaration of Rights.
Section 1. All men are born equally free and independent, and have certain inherent rights; among these are life, liberty, and the pursuit of happiness: to secure these rights governments are insti- tuted among men, deriving their just powers from the consent of the governed.
Section 2. There shall be neither slavery, nor involuntary ser- vitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.
Section 3. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions, or indict- ments for libel, the truth may be given in evidence, and if it shall appear to the jury, that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Section 4. The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.
Section 5. The right of trial by jury shall remain inviolate; and shall extend to all cases at law, without regard to the amount in controversy ; but a jury trial may be waived by the parties in all cases, in the manner prescribed by law.
Section 6. Excessive bail shall not be required, nor shall exces- sive fines be imposed, nor cruel and unusual punishments be in- flicted.
Section 7. In all criminal prosecutions, the accused shall enjoy. the right to be heard by himself and counsel; to demand the nature
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and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf; and in prosecutions by indictment, or in- formation, to a speedy public trial by an impartial jury of the county or district wherein the offence shall have been committed; which county or district shall have been previously ascertained by law.
Section 8. No person shall be held to answer for a criminal offence, unless on the presentment, or indictment of a Grand Jury, except in cases of impeachment, or in cases cognizable by Justices of the Peace, or arising in the Army, or Navy, or in the militia when in actual service in time of war, or public danger ; and no person for the same offence shall be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against him- self; all persons shall, before conviction, be bailable by sufficient sureties, except for capital offences ). when the proof is evident, or the presumption great; and the privilege of the writ of habeas-corpus shall not be suspended unless when, in cases of re- bellion, or invasion, the public safety may require.
Section 9. Every person is entitled to a certain remedy in the laws, for all injuries, or wrongs which he may receive in his person, property, or character ; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.
Section 10. Treason against the State shall consist only in levy- ing war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confes- sion in open court.
Section 11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seiz- ures shall not be violated; and no warrants shall issue but upon probable cause, supported by oath, or affirmation and particularly describing the place to be searched, and the persons or things to be seized.
Section 12. No bill of attainder, ex-post facto law, nor any law
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impairing the obligation of contracts shall ever be passed, and no conviction shall work corruption of blood, or forfeiture of estate.
Section 13. The property of no person shall be taken for public use, without just compensation therefor.
Section 14. All lands within the State are declared to be allodial, and feudal tenures are prohibited .- Leases and grants of agricul- tural land, for a longer term than fifteen years, in which rent, or service of any kind shall be reserved, and all fines and like restraints upon alienation, reserved in any grant of land, hereafter made, are declared to be void.
Section 15. No distinction shall ever be made by law between resident aliens and citizens, in reference to the possession, enjoy- ment, or descent of property.
Section 16. No person shall be imprisoned for debt, arising out of, or founded on a contract, expressed or implied.
Section 17. The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure, or sale for the pay- ment of any debt, or liability hereafter contracted.
Section 18. The right of every man to worship Almighty God, according to the dictates of his own conscience, shall never be in- fringed ; nor shall any man be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his con- sent ; nor shall any control of, or interference with, the rights of con- science be permitted, or any preference be given by law to any re- ligions establishments, or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious, or theological seminaries.
Section 19. No religious test shall ever be required as a qualifi- cation for any office of public trust under the State, and no person shall be rendered incompetent to give evidence in any court of law, or equity, in consequence of his opinions on the subject of religion.
Section 20. The military shall De in strict subordination to the civil power.
Section 21. Writs of error shall never be prohibited by law.
Section 22. The blessings of a free government can only be
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maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.
Article II .- Boundaries.
Section 1. It is hereby ordained and declared, that the State of Wisconsin doth consent and accept of the boundaries prescribed in the act of Congress entitled "An act to enable the people of Wis- consin Territory to form a Constitution and State government, and for the admission of such State into the Union," approved August sixth, one thousand eight hundred and forty-six, to wit: Begin- ning at the northeast corner of the State of Illinois-that is to say ; at a point in the centre of Lake Michigan, where the line of forty- two degrees and thirty minutes of north latitude crosses the same; thence running with the boundary line of the State of Michigan, through Lake Michigan, Green Bay, to the mouth of the Menomonie river ; thence up the channel of the said river to the Brule river ; thence up said last mentioned river to Lake Brule; thence along the southern shore of Lake Brule in a direct line to the centre of the channel between Middle and South Islands, in the Lake of the Desert; thence in a direct line to the head waters of the Montreal river, as marked upon the survey made by Captain Cramm; thence down the main channel of the Montreal river to the middle of Lake Superior, thence through the centre of Lake Superior to the mouth of the St. Louis river; thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nichollet's map ; thence due south to the main branch of the river St. Croix; thence down the main channel of said river to the Missis- sippi; thence down the centre of the main channel of that river to the northwest corner of the State of Illinois; thence due east with the northern boundary of the State of Illinois to the place of begin- ning, as established by "an act to enable the people of the Illinois Territory to form a constitution and State government, and for the admission to such State into the Union on an equal footing with the original States"; approved April 18th, 1818. Provided, how- ever, that the following alteration of the aforesaid boundary be, 7
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and hereby is proposed to the Congress of the United States as the preference of the State of Wisconsin, and if the same shall be as- sented and agreed to by the Congress of the United States, then the same shall be and forever remain obligatory on the State of Wis- consin, viz .: Leaving the aforesaid boundary line at the foot of the rapids of the St. Louis river ; thence in a direct line, bearing South- westerly, to the mouth of the Iskodewabo, or Rum river. where the same empties into the Mississippi river, thence down the main chan- nel of the said Mississippi river as prescribed in the aforesaid bound- ary.
Section 2. The propositions contained in the act of Congress are hereby accepted, ratified and confirmed, and shall remain irrevocable without the consent of the United States; and it is hereby ordained that this State shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to bona-fide purchasers thereof; and no tax shall be imposed on land, the property of the United States; and in no case shall non-resi- dent proprietors be taxed higher than residents. Provided, that nothing in this Constitution, or in the Act of Congress aforesaid, shall in any manner prejudice, or affect the right of the State of Wisconsin to five hundred thousand acres of land, granted to said State, and to be hereafter selected and located by and under the 'Act of Congress entitled "An act to appropriate the proceeds of the sales of the public lands, and grant pre-emption rights, approved September fourth, one thousand eight hundred and forty-one.
'Article III .- Suffrage.
Section 1. Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the State for one year next preceding any election, shall be deemed a qualified elector at such election :
First .- White citizens of the United States.
Second .- White persons of foreign birth who shall have declared their intention to become citizens, conformably to the laws of the United States on the subject of naturalization.
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Third .- Persons of Indian blood who have once been declared by law of Congress to be citizens of the United States, any subse- quent law of Congress to the contrary notwithstanding.
Fourth .- Civilized persons of Indian descent, not members of any tribe: Provided, that the legislature may at any time extend, by law, the right of suffrage to persons not herein enumerated, but no such law shall be in force until the same shall have been submitted to a vote of the people at a general election, and approved by a majority of all the votes cast at such election.
Section 2. No person under guardianship, non-compos mentis, or insane, shall be qualified to vote at any election ; nor shall any person convicted of treason, or felony, be qualified to vote at any. election, unless restored to civil rights.
Section 3. All votes shall be given by ballot, except for such township officers as may by law be directed, or allowed to be other- wise chosen.
Section 4. No person shall be deemed to have lost his residence in this State, by reason of his absence on business of the United States, or of this State.
Section 5. No soldier, seaman, or marine in the army or navy of the United States shall be deemed a resident of this State, in consequence of being stationed within the same.
Section 6. Laws may be passed excluding from the right of suf- frage all persons who have been or may be convicted of bribery, or larceny, or of any infamous crime, and depriving every person who shall make, or become directly, or indirectly interested, in any bet or wager depending upon the result of any election, from the right to vote at such election.
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