Knox County, Illinois - The whole text, 1912 (part 5 of 56)

Mr. Clay, from committee on credentials, reported as follows: Your committee appointed on credentials, ask leave to report. That they have examined the cre- ; : dentials of Thomas McKee from the city of Galesburg, and find him entitled to a - seat as supervisor in this board upon substantially the same evidence that entitled the assistant supervisor of Knox to a seat in this board.

; Mr. Whiting moved the adoption of the report of the committee on credentials, and that Thomas !McKee be admitted as a member of this board. Adopted. Yeas - . : ; Messrs. Meek, Harden, Clay, Gale, Conger, Sanderson, Whiting, Dunlap. Wyckoff, Beadle, Chambers, \'^aughn and Gibbs, 13. Nays - Messrs. Sumner, Charles, . . Keightley, Hamrick, Swigart, Johnson, Hall, Wood and Shaffer, 9. Absent Mr.

: Resolved, That hereafter when any town shall claim an extra member of this board, over and above the representation said town now has. that the votes actually cast at the town meeting at which such extra member claims to have been elected, shall be deemed by this board as the number of actual legal votes in said township. V ' Laid upon the table : Yeas - Messrs. Meek, Harden, Clay, Gale, Conger, Sanderson, Whiting, Wyckoff, Charles, Keightley, Beadle, Chambers. Hamrick, Hall and Gibbs, 15. Nays - Messrs. Dunlap. Swigart. Miles, Johnson and Vaughn. 5. Absent - ^Messrs. McKee and Newell, 2. Excused - Messrs. Sumner, Wood and Shaffer, 3. - --; '/V-V A hr-::-- -^ -'-r'.:':'..';' ^ ; '. \.y ---'-(, ^.--'^'--'--'c' legal voters in the city of Galesburg, and in the town of Knox, beg leave to report, that we have partially investigated the matter, but are not now prepared to make a full report, and would respectfully ask further time. I iVIr. Sumner, member of the committee to inquire into the number of supervisors the city of Galesburg and town of Knox are entitled to in this board, presented the following report :

The undersigned, members of the committee at the last meeting of this board to inquire into and ascertain how many supervisors the city of Galesburg is entitled to in this board, under an act entitled "An Act to divide the Towns of Galesburg and West Galesburg," as said city is at present districted; also to investigate the rights of the assistant supervisor of the town of Knox to a seat in this board ; after considering the report made yesterday, which does not embrace the subject matter under consideration by said committee, and being desirous of being excused from further service on such committee, would ask leave of this board to report their action up to the present time. r A -; ^' ' ;- .1

: The undersigned would therefore state, that in regard to the rights of the assistant supervisor of Knox to a seat, a register of voters of the town of Knox was presented to the committee, containing 850 names, and that witnesses were produced who recognized 823 persons named in such register as voters in said town of Knox at the time of holding the election for supervisor and assistant supervisor.

The undersigned, with other members of the committee, met at Galesburg to investigate into the number of supervisors the city of Galesburg is entitled to under the act, as at present districted. Registers (together with the names of voters sworn in), were presented, not sustained as any evidence that the names thereon were all legal voters, but given as the best evidence in the possession of the parties, by which appears that the ist and 5th wards comprise one election district, has 762 voters ; that the 2d, 3d and 6th wards comprise another election district, and has on the register 784 voters ; and the 4th ward is another election district and has 596 voters on register. That the district composed of the ist and 5th wards elect two supervisors ; that composed of the 2d, 3d and 6th wards elect two supervisors, and the 4th ward elects one supervisor.

The law provides "at each annual city election there shall be elected in the city of Galesburg, one or more supervisors. The number shall not exceed the number of wards in such city, and shall not be greater than one for every four hundred legal voters in said city. The city council may from time to time divide the city into districts for the election of supervisors, each district to elect one or more, - as the council may provide, but in forming districts no ward shall be divided."

We have now reported the facts as we found them ; and must leave this board to determine whether the clerk of said city in granting certificjites of election to two supervisors from each of the following districts, to-wit : that composed of the

1st and 5th wards, with only 762 names on the register, and that district composed ' of the 2d, 3d and 6th wards with 784 voters registered, performed his duty ac- '_'. cording to such law, or whether he exceeded his powers in granting such certificates, when it appears by the evidence that there were not twice four hundred voters in either of said election districts, even by the showing of the registers, '

Believing that any further examination is unnecessary, and that the object of - yesterday's report, being only for delay, the undersigned members of the com- , - mittee desire to be relieved from any further exzimination of the subject. - ^ ; ^-'-'''.^: THOS. W. SuMNER. - '^

" ;. Mr. Charles moved that the report be accepted, and Mr. Sumner relieved from further action on said committee, when Mr. Clay moved, that the whole matter be ; laid upon the table. Carried.

January Meeting, 1869. - Mr. Wood, from select committee, to whom was referred the matter of the number of supervisors the city of Galesburg and town : of Knox are entitled to in this board, reported as follows:

"We the committee appointed to investigate the claims of Knox and Galesburg, as to their claims for the number of supervisors in the board, after examin- ^ ' ing papers, and hearing evidence, find that Knoxville is entitled to two and the city of Galesburg to five supervisors, X:-;.;j :^ ^ ; , . v : ; :.; ; v- .-^ ;

Special meeting of the board of supervisors of Knox county held in the court -; house, in the city of Knoxville, in said county, called by the clerk of the county - court, in pursuance of the following notice: ^yV'' -'' : v^V.

The undersigned, being one-third of the members of the board of supervisors ;.; of said county of Knox, do request that a special meeting of said board be held, V to convene on the 23d day of March, A. D., 1869, at the court house in the town : ' of Knoxville, in said county. . . .; r ..'---.;-.".- '

The following supervisors answered to their names: Hon. Joseph H. Holyoke, .. chairman; Messrs. P. H. Smith, E. S. Harden, A. C. Clay, D. H. Frisbie, L. E. . . Conger, H. R. Sanderson, R. H. Whiting, G. C. Lanphere, C. H. Jackson, Daniel . Robertson, Owen Betterton, T, W. Sumner, G. A. Charles, P. H. Sanford, Orin ;

Mr. Sanderson moved that Messrs. P. H. Smith, of Indian Point, J. M. Holyoke, of Sparta, F. C. Smith, of Ontario, Amos Ward, of Walnut Grove and D. Corey, of Salem, be appointed commissioners of public buildings, under said act.

Ye?is - Messrs. Smith, Harden, Jackson, Robertson, Betterton, Sumner, Charles, Sanford, Beadle, Humphreys, Lacy, Dossett, Johnston, Corey and Wood, 15. Nays - Messrs. Qay, Frisbie, Conger, Sanderson, Whiting, Lanphere, Chambers and Gibbs, 8. . . \;; .. :: -':" -^ .' v;;. .;;V^'; -- - \ ^'1 /

Mr. Lacy moved to amend by substituting Rufus W. Miles, as one of said commissioners, in place of F. C. Smith, which amendment was lost. Yeas - Messrs. Betterton, Sumner, Charles, Sanford, Humphreys, Lacy, Dossett, Johnston, Tucker and Vaughn, lo. Nays - Messrs. Smith, Harden, Clay, Frisbie, Conger, Sanderson, Whiting, Lanphere, Jackson, Robertson, Chambers, Corey, Wood and Mr. Chairman, 14.

The question recurring upon the adoption of the motion of Mr. Sanderson, ; appointing Messrs. P. H. Smith, J. M. Holyoke, F. C. Smith, Amos Ward and D. Corey, Jr., as commissioners of public buildings, the same was adopted. Yeas - Messrs. Smith, Harden, Clay, Frisbie, Conger, Sanderson, Whiting, Lanphere, - Jackson, Robertson, Beadle, Johnston, Chambers, Corey and chairman, 15. Nays - Messrs. Betterton, Sumner, Sanford, Humphreys, Lacy, Dossett, Wood and Vaughn, 9. Excused - Mr. Charles, i.

Resolred, That if the vote about to be taken on the question of moving the county seat to Galesburg, shall be in favor of such removal, that then the commissioners having such matter in charge, shall not under any circumstances move from the building they are now in, the records and files in the respective office of ' county and circuit clerk, until a building is completed and ready for use in Galesburg, as secure and suitable as the one in which said records and files are now kept.

Mr. Vaughn moved to amend by striking out all after the word "resolved," - and insert "that this board will not meddle with business properly belonging to the next board of supervisors," which was lost by the following vote. Yeas - Messrs. Betterton, Sumner, Charles, Sanford, Humphreys, Lacy, Dossett, John- . ston, Corey, Wood, Tucker and Vaughn, 12. Nays - Messrs. Smith, Harden, Clay, Frisbie, Conger, Sanderson, Whiting, Lanphere, Jackson, Robertson, Beadle, Charnbers and Gibbs, 13.

The resolution of Mr. Lanphere was then adopted by the following vote: Yeas - Messrs. Smith, Harden, Clay, Frisbie, Conger, Sanderson, Whiting, Lanphere, Jackson, Robertson, Beadle, Chambers, Corey and Gibbs, 14. Xays - Messrs. Betterton, Charles, Sanford, Humphreys, Lacy, Dossett, Tucker and Vaughn, 9. Messrs. Sumner and Johnston, excused. . " -r v

Mr. Charles in explanation of his vote, said he voted no, because he did not believe it was right for the board of supervisors to amend or change the law as passed by the legislature, and would recommend that the resolution be referred to the legislature, to be passed as a supplemental act to the enabling act. . '

Mr. Sanford explained that he voted no, because the law provided for, and expressed the duties of the commissioners, and the board had no right to alter or modify the requirements of the law. ;

Mr. Humphreys explained that he voted no, because he objected to the board passing resolutions for the purpose of making capital to be used in the election. .

RESOLVED: That Supervisors Lanphere, of Galesburg; Sanford, of Knox; Lawrence, of Elba; Sisson, of Henderson, and Gross, of Lynn, be appointed a committee to investigate the result of the election on the removal of the county seat, and report to the board at this meeting.

Mr. Charles moved to lay the resolution on the table, and the yeas and nays being called, the motion was lost. Yeas - Messrs. Newell, Sumner, Charles, San- . ford, Morgan, Swigart, Dossett, Johnston, Sloan, Lawrence, Wilson and X'aughn, 12. Nays - Messrs, Smith, Bates, Clay, Sanderson, Lanphere, Conger, Deit- . erich, Belden, Sisson, Robertson, Beadle, Chambers, Gross and Chairman, 14. . .

The question recurring on the adoption of the resolution of Mr. Sanderson,/: : the same was adopted. Yeas - Messrs. Smith, Bates, Clay, Sanderson, Lanphere, Conger, Deiterich, Belden, Sisson, Robertson, Beadle, Chambers and Gross, 13. Nays - Messrs. Newell, Sanford, Morgan, Johnston, Sloan and \^aughn, 6. Excused - Messrs. Sumner, Charles, Dossett, Lawrence and Wilson, 5. Refused to vote, Mr. Swigart, I. -.-;'-:: . '-:- ---.^ :.;;'>-;:

Explanation of votes - Mr. Sumner wished to be excused because Tie thougrht the board had no power to appoint such committee. Mr. Charles wished to be excused for a similar reason. Mr. Swigart refused to vote because the board had no power to canvass the vote, or delegate such power to a committee; that the action was entirely without authority of law, and he would not vote unless some law or precedent could be produced ; that he was already ready to vote one way or another on any question that might arise, when the board had a legal right to act, but on this question he would not vote, nor did he want to be excused. Mr. Dossett wished to be excused for reasons given by others ; and Mr. Lawrence and Mr. Wilson were excused for similar reasons.

To the Hon. Board of Supervisors : The undersigned, in behalf of citizens of Knoxville and vicinity, would respectfully report that prior to the election on the county seat question (April 6, 1869), a subscription was made by them, of twenty thousand dollars, to aid in the erection of a county jail at the city of Knoxville, should the vote be in favor of the city of Knoxville; and whereas, the result of said election was in favor of said city of Knoxville, we will state that said subscription is in the hands of the county treasurer, with the payment fully guaranteed, to be used by the board of supervisors on the conditions named in said subscription. GEORGE A. CHARLES.

Mr. Swigart introduced a resolution that the board accept the donation of $2O,(XX) offered by citizens of Knoxville and vicinity, and proceed to erect a jail at Knoxville.

On motion of Mr. Sanderson, the resolution was laid on the table, the vote being the same as on other questions pertaining to the county seat contest.

Mr. Lanphere, from the committee appointed, twenty-four hours previously, "to investigate the result of the election on the removal of the county seat," presented a voluminous "report," signed by three members of the committee, embracing a number of lengthy affidavits in regard to the election in Knox township only, and moved its adoption by the board. - : . - v:' ;V ,-.;-;.:] . . -

Mr. Sanford made a statement in regard to the conduct of the committee, showing there had been no meeting of the committee; that the "report" as presented was ex parte and one-sided, and had evidently been prepared before the committee was appointed ; and that if it was within the functions of the board of supervisors to institute an investigation of this kin'd, the inquiry should extend to other precincts, as well as Knox township.

Sheriff Seacord served upon the board a summons to appear at the June term of the circuit court, to answer a bill of complaint filed by Geo. Davis, of Galesburg, in regard to the county seat election.

Mr. Sanderson moved to amend by substituting Mr. Lanphere and the other members of the judiciary committee for that duty. The amendment was adopted - yeas, 14; nays, 12.

tion on the removal of the county seat, beg leave respectfully to report that they have given to the subject such consideration as the limited time at their disposal has permitted.

They find that the law providing for the removal of the county seat makes no provision for officially determining the result of the election, beyond the simple canvass of the returns made by the several boards of election; this canvass to be made by the county clerk and two justices. The law makes no provision for the issue of any certificate by the clerk, and it seems to be admitted on all hands, in accordance with the doctrine in the case reported in the 2Oth Ills., that even if such a certificate had been provided for, it would not be entitled to be regarded as evidence.

The board of supervisors being absolutely required to perform certain duties if the result of the vote has been for removal, and having other important duties to perform if the result be against removal ; and as either by the design or imperfection of the law, no person has been appointed to determine the result, they are, of necessity, put upon their inquiry.

The most available evidence in the reach of the committee are the returns of the boards of election. In the absence of anything to contradict the certificates of the boards of election, your committee believe they may properly be taken as prima facie evidence. These returns show, in the aggregate, a majority of 247 against removal.

Your committee, however, in examining these returns, find disclosed the startling fact that the town of Knox returns 1,520 votes, all but 17 against re- ;, moval ; a number more than three times the usual vote of that town, about three and one-half times as great as was cast by the same town four years before on the same question ; a number about two and one-half times as great as the number of white males ovei twenty years of age, residing in that town less than four years before, as appears by the census returns.

The committee believe from their own knowledge of the town, and from the general opinion as they hear it expressed, that the growth of the town of Knox during the four years last past has been far from rapid. They can but regard such a return as so manifestly false on the face of it, as to entitle it to very little consideration in arriving at the number of votes actually cast in that town.

Your committee are also in possession of affidavits of persons of entire respectability, which affidavits your committe beg leave to submit as part of this report, showing that the election in the town of Knox was conducted not only without any regard to the usual forms of elections, and without the usual safeguards against illegal and fraudulent voting, but was evidently intended and arranged for a fraud from the outset.

Taking into account, first, the absolutely incredible character of the returns from the town of Knox, and second, the gross character of the frauds openly practiced, as appear from the affidavits referred to, the committee are of opinion that the returns of the town of Knox should be entirely set aside as affording no evidence whatever of the number of votes actually cast in that town. . :;

What the number of legal votes actually were, or how cast, your committee can only ascertain, by instituting inquiries which would consume very much more time than has been put at their disposal.

vember as a basis, the vote at that time being 639, a number a little greater than was returned by Mr. McGowan, who took the census three and one-half years before the April election, as the number of white males in that town over twenty years of age.

Your committee think that the number equal to the white males in their 2ist year, added to the number of alien white males over 20, to the number of short residents, and the number of those who are kept from the polls by absence from home, sickness, indifference as to the result, and other causes, is a very large allowance for the growth of the voting population of the town of Knox in that period.

They are also in possession of testimony that at the November election the feeling ran high ; extraordinary efforts were made to get out voters, and many persons not legal voters were allowed to vote.

Deducting from the returns the excess returned in April, over the number returned in November, from the town of Knox, which is 884, and the majority of 247 against removal, is converted into a majority of 634 for removal.

In all the towns giving majorities for removal, with one exception, we find a large vote given against removal, enough perhaps, to guard reasonably well the purity of the polls. From none of these towns has any complaint come to the knowledge of your committee.

In most of the towns giving majorities against removal, the adverse vote was small and the opportunity and temptation to illegal voting had not the usual check of a vigilant opposition. . -.'\. . - 1 .

The exception is the town of Orange, which cast i8 votes in excess to the votes cast in November, all the votes in the town but five being against removal. We are assured on the authority of persons of the highest respectability, living in that town, that many voters stayed at home on the day of the April election, and that many illegal votes were cast. We are informed that one of the oldest and best known residents of that town, who voted against removal, estimated the fraudulent vote in Orange at fifty. - -- : . ' -> :' 'v \-A'; - ":; ;-\l':^^ -

Your committee have not, however, had the opportunity to investigate the true state of facts existing in that town or others. They are, however, clearly of the opinion that a thorough investigation of the nineteen towns and a purging of their polls, would, so far as it affected the result at all, increase, to some extent, the majority for removal.

Admitting (an admission favorable to the vote against removal, as we think), that the legal vote cast in Knox was 639, that the returns from the nineteen other towns were correct, there remains a majority of 634 for removal. If from this be deducted, as some claim should be, the ninety votes cast for town and city officers, by persons who did not vote on the county seat question, and the majority is still 544.

This majority can only be overcome by supposing an illegal vote of that amount was cast in the city of Galesburg. Of this no evidence has been produced. That in a community where the public sentiment was so unequivocally one-sided, there was unusual temptation and opportunity for fraudulent voting, it is true, and it is also true that the vote of April exceeded the vote of November, 714. -;-; Ov "-' ; :

1st, the elections in Galesburg, in April, were conducted with a full regard to the usual forms. The votes were all duly registered, and no person allowed to vote unless his name was on the register, except by swearing in his vote and ' making the legal proof of his right. The election was public and open, the number of votes cast at all times during the day being known to the bystanders, by ! whom the judges, clerks and voters could be distinctly seen.

2d. All the city officers, and the justices and constables were elected at the :; same time, as many votes being cast for those officers as on the county seat. The .' election was sharply contested by rival candidates, each having an interest in preventing frauds attempted by his opponents. The votes were publically counted, ; and the ballots, books and papers preserved according to law. No extensive . frauds could be committed except with the knowledge of many persons. - :

- . 3d. It is well konwn that the November election in the city of Galesburg failed to call out a full vote, local causes well understood, but on which the com- . mittee need not dwell, contributed to that result.

4th. In consequence of the extension of the railroad works in Galesburg, much greater number of men were in the railroad employ in April than in No- -- vember.

5th. The vote of the city of Galesburg, large as it is, is not very greatly in /. excess of what might reasonably be calculated on by comparison with other votes . in the last eight years, and with the census returns, considering the very great ap- - parent growth of that city. ;

Your committee beg leave to say, in conclusion, that while in the short time since their appointment they have not been able to ascertain all the facts bear- ' ; ing upon the case, and to come to such conclusion as would enable them to say V with precision what was the exact state of the vote, they are clearly of this opinion, that those returns that are entitled to any confidence, show a majority for re- : moval ; and though that majority may be reduced by proving the votes really cast, v or tendered in the town of Knox, and may perhaps b.e further affected by a thor- ': ough purging of the polls, there is no probability the result would be changed. -- board appointing a committee to canvass the county seat vote, was assuming a ' power not conferred by law, but directly in opposition thereto, that the com- mittee was an illegal one, and appointed for an illegal purpose, and as he would not stultify himself, he should refuse to vote upon the question and also refuse -. to be excused. . ...; [ - .;.:

At this time the sheriflf of Knox county, who had been in waiting for some ' time, served upon the board of supervisors of Knox county, James Egan, county '_'- clerk ; J. W. Temple, circuit clerk, and Dennis Clark, county judge of Knox '- county. 111., a summons to appear at the June term of the circuit court to answer - the complaint of George Davis, of Galesburg. \:;:'^^::.v>v\-r\/ -;- I'- -; V;;

September Meeting, 1869. - There were present at this meeting, Hon, J. M. . Holyoke, chairman ; supervisors, Messrs. P. H. Smith, M. C. Bates, A. C. Clay, Vv H. R. Sanderson, L. E. Conger, G. V. Deiterich, M. Belden, H. M. Sisson, Thomas Newell, Thos. W. Sumner, George A. Charles, P. H. Sanford, Orin Beadle, B. H. Morgan, John Sloan, John Wilson and O. M. Gross, James J. Egan, clerk; ".- Wilkins Seacord, sheriflf.

The chairman presented the certificate of appointment of E. P. Williams ; - as one of the supervisors of the city of Galesburg, to fill a vacancy occasioned by the resignation of Mr. Lanphere. -

The undersigned commissioners of public buildings appointed by your honorable body, under the law regulating the removal of the county seat, respect- .: fully report that the city of Galesburg, in pursuance of the obligation entered ; into by the mayor and aldermen of said city, have erected in said city a fire > proof building of sufficient capacity and convienience for the use of the circuit ' : and county clerks; and the same will be ready for the use of said officers whenever the board of supervisors shall order the removal of the records and papers . belonging to the county. By order of the commissioners. . :

At a meeting of the board of supervisors of Knox county, held pursuant to :v a call, issued at the request of one-third of the members thereof, at Knoxville, -'- in said county, on Thursday, the 3Oth day of January, A. D., 1873. ; v !

The chairman presented decree of McDonough circuit court, in the county ; seat case, and requested its reading by the clerk. .;., / i :-:;"'.' '/ '

In the McDonough Circuit Court, September Term, A. D., 1871. '- ^'- ' George Davis, who sues on behalf of himself, as well as on behalf of all the tax payers of the county Knox and state of Illinois, who choose to be made complainants therein, vs. the board of supervisors of Knox county, Illinois, James J. Egan, county clerk of Knox county, Illinois, James W. Temple, circuit clerk of Knox county, Illinois, and Dennis Clark, county judge of Knox county, . - Ills. In chancery. Change of venue from Knox county. Ills. . . ;^

This cause coming on to be heard upon the bill, answers, replications, pleadings and evidence, and after hearing counsel for the respective parties, the court finds upon the evidence, and adjudges and decrees that a majority of the legal voters of the county of Knox, did, at an election held on the sixth day of April, 1869, in said county of Knox, pursuant to an act of the legislature of this state, approved March lO, 1869, referred to in the original and amended bill, referred to in this case, vote in favor of removal of the county seat of said county from the city of Knoxville to the city of Galesburg in said county, that the allegations of the bill are true, and the said defendants, the board of supervisors of v Knox county aforesaid, and the clerk of said board, are hereby directed to spread the result of said election and of the canvass thereof upon the record of the board of supervisors of Knox county, and state upon said record that the result of said election and canvass thereof was in favor of removal of the county seat of said county from Knoxville to the city of Galesburg, in said county, by a majority of two hundred voters; and said court further finds and decrees that the return of said election in the town of Knox, purporting to be made by the officers of said election therein is illegal, fraudulent, false and void ; and that the result I / of said election heretofore spread upon the record of the board of supervisors, be set aside as incorrect. It is further ordered that the fact be stated upon said records of said board, that said election resulted in favor of the removal of the county seat of Knox county, from the city of Knoxville to the city of Galesburg in conformity with this decree. And it is further ordered that the defendants, the board of supervisors of Knox county, pay the costs of this suit; and thereupon defendants and each of them pray an appeal to the supreme court of the central grand division of the state of Illinois, which is allowed upon the defendants or either of them entering into bond in the penal sum of one thousand dollars, with security, which, by consent of parties, is to be approved by the clerk, within forty days from the rendition of this decree, said appeal bond to be conditional according to law. -:. - '- ;^';^."'v:'''' -^' :v- -"-'--.-'-.---;;---.-';-"' ''/'v --- '---^;'.'^':.''.r.'-' :_.'-:-.''''^ -.-.-/-- C. L. HIGBEE. .''-.--'

I, I. N. Pearson, clerk of the circuit court, in and for said county, do hereby certify that the above and foregoing is a true and complete copy of the final decree rendered in said cause, and filed therein on the 7th day of October, A. D., 1872, as appears of record from the books and files in my office.

Rcsol'ced, That the decree of his honor. Judge Higbee, rendered in the Mc- Donough circuit court, in the case of Geo. Davis vs. board of supervisors of Knox county, et al. having been affirmed by the supreme court, be spread upon the records of this board, and the clerk of the board be directed to correct the records as ordered by the court in said decree. ]

On motion of Mr. Charles, ordered that the decision of the supreme court in said case, be spread upon the records of this board, and be published with the proceedings thereof in pamphlet form. .

Mr. Sanderson presented the following resolutions: . Resolved, That the sherifif and clerks be directed to remove the books, papers and furniture of the county to Galesburg as rapidly as required by the interests of the county, employing such assistance as may be necessary ; that for so much expense as is made necessary by the removal, the said officers be directed to send in bills for expenses to the city of Galesburg.

, Resoh'ed, That the said officers, with the approval of the chairman of committee on judiciary and clerks offices, be authorized to purchase such furniture as may be necessary for their offices, which must be procured before the next meeting of this board. Adopted. . Mr. Gale offered the following resolutions, which were adopted: |

Resoh'ed, That there be a committee of five, of whom the chairman of this board shall be one, and the other members appointed by the chair, whose duty it shall be to procure plans and estimates for a county jail.

Resolved, That said committee be directed to report, what provisions, if any, it is necessary to make for the county at Galesburg, what future provision should be made by the city of Galesburg; also, what real estate belongs to the county at Knoxville, and what disposition should be made of such real estate.

-Mr. Wood presented report of board of commissioners of public buildings, which report was accepted, and ordered to be spread upon the records. I -

We have in our possession the following list of property pledged by the authorities of the city of Galesburg, before the election, in aid of the removal of .- the county seat: :

1st. A warranty deed from the city of Galesburg to the county of Knox for a part of lots seven and eight in block thirty-one, as numbered on the original plot of Galesburg, being four and one-half rods off the north side of lots seven and eight, being the premises commonly known as the "fire proof building."

2d. Warranty deed from A. N. Bancroft and wife to Knox county, conveying the west, two-thirds of lot number seven (7), in block forty-five (45), in the southern addition to the town of Galesburg. This lot was intended for a jail lot, but is not so expressed in the deed.

3d. Warranty deed from Knox College to Knox county, for block numbered thirty-nine (39), in the original plot of Galesburg, being the east half of the ground known as the "College Park." This deed is upon the express condition that the ground shall be used as a site for a court house and for no other purpose.

4th. The obligation of the city of Galesburg to furnish suitable rooms for the use of the county Knox, in the city of Galesburg, for court and jury rooms for a period not exceeding ten years, and to pay all necessary expenses incurred in the removal of the county records and property from Knoxville to Galesburg. .

5th. Two certificates of deposit for the sum of two thousand dollars each, payable to the order of the commissioners appointed by the board of supervisors of Knox county, for the removal of the county seat. One of said certificates being signed by Weston Arnold, cashier of the Second National Bank of Galesburg, and the other by M. L. Smalley, cashier First National Bank of Galesburg.

6th. An agreement or lease between the owners of the Opera House on the south side the public square in Galesburg, and the city authorities, for the use of the Opera House for county purposes for the term of years signified by the obligations of the city, also the resolution of the city council for the payment of the actual cost of removal.

We would further report that everything seems to be in readiness on the part of the city of Galesburg, for the removal ; and would ask your honorable body to take such action as to the disposition of the above named effects, and as to the time of effecting the actual removal as may seem to you just and proper.

Resoh'ed, That it is the sense of this board, that the commissioners of public buildings proceed at once to remove the records of the county to Galesburg, so as not to delay the proceedings of February term of court. ; ;. .' ;^;

Resolved, That the deeds and abstracts in the hands of the commissioners be filed with the county clerk, and that the money in their hands be paid to the county treasurer, and held by him as a special fund for jail building purposes. ; Resolved, That the clerk be directed to record the deeds and contracts received from the committee.

A brief account of the construction of the "Old Log Jail" was given at the close of the chapter on Minor Courts and Permanent Seat of Justice, By 1840 the question of a new jail was again considered. At the December term of that year of the County Commissioners court, the subject was formally acted upon, as shown by the following order :

ORDERED: That the clerk publish in the Peoria Press and Peoria Register notices for plans and specifications and sealed proposals for building a jail in the town of Knoxville to be two stories high, not larger than thirty by fifty feet nor smaller than twenty-five by forty-five feet, to include a dwelling in said building, said plans, specifications and sealed proposals to be received and opened on the 25th day of January, 1841 ; to be finished two years from the first Monday of March, 1841. ;; -';?,:;.'* ^' ' ;\^/-i''v; ; I '-/;'---.

On January 26th, 1841, we find the following order in relation to the construction of the jail, plans and specifications for which were called for at the December term.

ORDERED: That the contract for building a jail in the town of Knoxville be let to Zelotes Cooley, in accordance to plans and specifications by him filed in clerk's office of the court for the sum of eight thousand, seven hundred and twenty- four dollars, provided that he enter into bond with good security approved by the court, and also that both parties agree to the article of agreement or contract to be entered into at regular March term of this court and to be finished in three years from March next, or as the parties can agree, said Zelotes Cooley and this court further agree to exchange the present jail lot for forty feet on the public square and twenty-six feet on North street to make square corner in center of the lot of Lot No. 5, in Block No. 6, on which to locate said jail, provided said Z. Cooley obtains a good title to the same.

Nevertheless, Zelotes Cooley never entered into a contract for the construction of the jail, and it nowhere appears of record that he had anything to do with it. The contract was made with Alvah Wheeler and the records show that all through the years 1842, 1843, 1844, and the beginning of 1845, he was working upon the building. The following entry, made March 5th, 1845, is a summing up of the whole transaction, and Mr. Wheeler is paid for the contract

Resoh-ed, That the deeds and abstracts in the hands of the commissioners be filed with the county clerk, and that the money in their hands be paid to the county treasurer, and held by him as a special fund for jail building purposes.

A brief account of the construction of the ''Old Log Jail" was given at the close of the chapter on Minor Courts and Permanent Seat of Justice. By 1840 the question of a new jail was again considered. At the December term of that year of the County Commissioners court, the subject was formally acted upon, as shown by the following order:

ORDERKD: That the clerk publish in the Peoria Press and Peoria Register notices for plans and specifications and sealed proposals for building a jail in the town of Knoxville to be two stories high, not larger than thirty by fifty feet nor smaller than twenty-five by forty-five feet, to include a dwelling in said building, said plans, specifications and sealed proposals to be received and opened on the 25th day of January, 1841 ; to be finished two years from the first Monday of March, 1841.

On January 26th, 1841, we find the following order in relation to the construction of the jail, plans and specifications for which were called for at the December term.

ORDERED: That the contract for building a jail in the town of Knoxville be let to Zelotes Cooley, in accordance to plans and specifications by him filed in clerk's office of the court for the sum of eight thousand, seven hundred and twenty-four dollars, provided that he enter into bond with good security approved by the court, and also that both parties agree to the article of agreement or contract to be entered into at regular March term of this court and to be finished in three years from March next, or as the ])arties can agree, said Zelotes Cooley and this court further agree to exchange the present jail lot for forty feet on the public square and twenty-six feet on North street to make square corner in center of the lot of Lot No. 5, in Block No. 6, on which to locate said jail, provided said Z. Cooley obtains a good title to the same. :

Nevertheless, Zelotes Cooley never entered into a contract for the construction of the jail, and it nowhere appears of record that he had anything to do with it. The contract was made with Alvah Wheeler and the records show that all through the years 1842, 1843, 1844, and the beginning of 1845, he was working upon the building. The following entry, made March 5th, 1845, is a summing up of the whole transaction, and Mr. \\'heeler is paid for the contract in full, $7,784.

ORDERED: That the clerk issue an order on the treasurer in favor of A. Wheeler for two thousand and forty-six dollars, in full for jail contract.

This jail is still standing on the west side of the public square in the City of Knoxville, and is now in use as a city prison. It would seem, from the following order entered upon the county commissioners' record, that it was not always well cared for.

"ORDERED: That the sheriff clean out the jail and not suffer the cells or debtors' apartments of the same to be used for any purpose whatever except for prisoners." The time was when a clean jail was an exception worthy of note, and not so very long ago either, if we are to credit the statements of the State Boards of Health and Charities. Knox county is to be congratulated on this early action of its commissioners. ^ - ;.

The building was pretty thoroughly overhauled in 1863. We prefer, however, to tell the story of this building from the record of the board of supervisors. A movement for betterments began in i86i, when an unsuccessful attempt was made to start a new building. Another unsuccessful attempt to build was made in 1867, all of which will more fully and interestingly appear from the record herein inserted.

Resolved, That it is expedient to build a good jail in Knox county for the more effectual keeping of prisoners, which was seconded and determined in the negative.

That in pursuance of the duties enjoined upon us, we made a thorough and careful examination of the jail and found the reports of the grand jurors correct in their statements that thorough repairs were absolutely necessary ; that the jail was not safe, a mere loophole for the escape of prisoners; that owing to the situation of the vault it was offensive and unclean to such a degree as to endanger the health of the prisoners and also the family having charge of the same.

Your committee examined several plans for the repairs, taking into account the cost and also the security to be gained, and adopted one which has nearly been carried into effect, to-wit: Lining the inner surface of the outer walls below with heavy boiled iron, riveted to 454-inch iron bars, giving it great

. : , ground and a chimney or flue therefrom to extend above the roof of the building, this arrangement, with close-fitting covers on the iron seats inside of th«

When the iron work is painted white, and the stone work well whitewashed, ' - the rooms will be as light as before the lining was put in. ' . Your committee would recommend, if deemed necessary by the board to have the additional room, that the upper rooms be similarly incased (the rooms being now utterly worthless for prison purposes). This might be done with much lighter material, and would be sufficiently secure for parties imprisoned or held for minor offenses, thus relieving them from the necessity of being locked up in cells during the night and leaving additional room for the safe keeping of desperate characters, besides enabling the jailer to keep the unfortunate, or those who have perhaps committed a minor offense for the first ; time, from the contamination of the older and more desperate characters. : - 1 Your committee would report expenses incurred so far, as follows: I -- '..'-

- improvements your committee have in contemplation, is estimated at about $50, . making the whole expense for repairing the prison department of the jail cost

We have estimated that the cost of making the repairs to the upper rooms . of the jail, contemplated in a former portion of the report, will be about the

' ; On motion of Supervisor Potter said report was accepted and approved. ; - January, 1866. - Mr. Harden offered the following resolution: '--:

Resolved, That whereas the board of supervisors have examined the condition of the county jail, feel that the frequent escapes of prisoners is entirely chargeable to the culpable negligence of the proper custodians of said jail and recommend that a committee of three be appointed to investigate the causes and apply the proper remedy. Resolution adopted, when the chairman appointed Messrs. Harden, Gray and Arms committee, as provided for by the resolution.

Reported, That your committee appointed to investigate the cause of the frequent escape of prisoners proceeded to obtain such evidence as came within their reach, and report that they referred the matter to the grand jury to take such action upon it as in their wisdom was necessary.

In regard to the requirements of a resolution passed at the last meeting of this board the undersigned, a portion of the committee on jail and jail expenses, would submit the following report: - : ..

They visited the jail and examined it thoroughly, and found that the same is unsafe and insecure, and not sufficient to hold prisoners of bad and desperate characters incarcerated therein. That the cells of same are badly ventilated, damp and unhealthy. That in the opinion of this portion of the committee said jail cannot be made safe, secure and comfortable without incurring a very large expense to the county. That a portion of said committee have taken considerable pains, and trouble to see and examine other jails and find the one in Henry county in every and all respects, as to security of prisoners and safety of health, as also its general arrangements, to be such a one as this, or any county in need of a jail, requires. That such a jail could be built by this county, by working in the njaterial of the old jail, for $25,000 or $30,000. That Henry county jail will accommodate thirty prisoners; that our present jail has to be guarded night and day to keep its prisoners from escaping, at a great expense to the county.

Mr. McKee moved that 50 cents per day be allowed in future for dieting prisoners. Lost. Yeas, Messrs. McKee, Dunlap, Sumner, Charles, Hamrick, Wood and Shaffer, 7. Nays, Messrs. Meek, Harden, Clay, Gale, Conger, Whiting, Wykoff, Newell, Keightley, Beadle, Swigart, Johnston, Chambers, Hall, Vaughn and Gibbs, i6.

Mr. Harden moved that 75 cents per day be allowed for dieting prisoners. Carried. Yeas, Messrs. Meek, Harden, Clay, Gale, Conger, Whiting, Wykoff, Beadle, Swigart, Johnston, Chambers, Hall and Gibbs, 13. Nays, Messrs. McKee, Charles, Hamrick, Wood, Shaffer and Vaughn, 6. ., : - .T ..

January, 1868. - Mr. McKee offered the following resolution: - Resolved, That this board will hereafter allow but fifty cents per day for dieting prisoners while in the county jail. Lost. Yeas, Messrs. Clay, McKee, Dunlap, Wykoff, Newell, Hamrick, Johnston, Shaffer and Vaughn, 9. Nays, Messrs. Meek, Harden, Gale, Conger, Sanderson, Whiting, Sumner, Beadle, Swigart, Miles, Chambers, Hall, Wood and Gibbs, 14.

In April, 1869, an election was held to decide upon the question of the removal of the county seat from Knoxville to Galesburg. The returns gave the victory to Knoxville, when the matter was taken into court, where it remained until January, 1873, when by the decision of the State Supreme court, the county seat was moved to Galesburg. The decision was read at January special meeting of that year, when by a formal vote of the board of supervisors, the removal was at once made effective. The Knoxville interests soon began to circulate petitions calling for another vote on the question at a special election for that purpose to be held one week after the general election, to be held in the month of November. At the March special meeting, 1873, a movement for the construction of a new county jail was begun. In the interest of Knoxville, Mr. Lewis Andrews had applied to Hon. Thomas F. Tipton, judge of the Circuit court of McLean county, for an injunction restraining the board of supervisors of Knox county from building a jail. No notice had been given to Galesburg parties, and upon an ex-parte hearing, a temporary injunction was granted and served upon the board at this March meeting. Hon. E. P. Williams, of Galesburg, Illinois, was employed by the board of supervisors to look after the matter. Upon a full hearing of the case before the Hon. Henry B. Hopkins, judge of the Circuit court of Peoria county, Illinois, the injunction was dissolved. An appeal was taken to the Supreme court of the state, where the decree of the Circuit court of Peoria county was affirmed.

* * * The directions of your honorable board have in all respects been complied with. That the deeds and leases are deposited with the county clerk and are now matters of record ; and the sum of twenty thousand dollars, furnished by the city of Galesburg, as aforesaid, is now in the county treasury.

Mr. Gale, from special committee to procure plans and estimates for a county jail, reported that said committee have examined the jails in the counties of Henry and Peoria, and examined various plans submitted to them; that they have procured from Mr. Quayle, of Peoria, plans modeled after the Peoria jail, with some reduction of size, which they beg leave to submit for the consideration of the board.

Mr. Charles moved that the jail committee be directed to report plans and specifications for building a jail in the city of Galesburg which shall not cost to exceed $50,000 and make such report to a meeting of the board to be held two weeks from today. . . . < ;

That the committee be directed to have complete specifications with the plan for a jail filed in the county clerk's office, that the clerk be directed to advertise for proposals to be examined by this board at a meeting two weeks hence, that the committee in the meantime be instructed to further scrutinize the plan with a view of proposing such changes at such meeting as they may find desirable. . . .-.- ..- ': ; ; J;'' ; / : J

. Resolved, That the clerk of this board be required to have published in the Chicago Times and Chicago Journal, and the weekly papers of this county, the following notice.

Sealed proposals will be received at the county clerk's office up to lo o'clock A. M. of April i4th, 1873, for a new jail to be built in the city of Galesburg, County of Knox and State of Illinois, according to plans and specifications to be filed in the county clerk's office; to be completed in eight months after the letting of the contract. The board of supervisors reserving the right to reject any and all bids not considered advantageous to the county.

The question being upon the substitute of Mr. Gale, it was carried: Yeas, -.' Messrs. Bates, Gale, Dieterich, Morse, Stanley, Sanderson, Junk, Gillis, Wood. : Curtis, Benson, Stephens, Ogden and Chairman, 14. Nays, Messrs. Smith, Wainwright, Godfrey, Charles, Stearns, Swigart, Miles, Hensley, West and Wilson, lo. Absent, Messrs. Leighton and Soles, 2. .. .-

Mr. Miles moved to amend motion as substituted, by postponing the time '; for meeting of the board for the examination of proposals, until the second Tuesday in April. Ruled out of order. -:.-; :;-:.;''''- -vie!: :'v I fv; ^V"^';

The substitute of Mr. Gale was then adopted. Yeas, Messrs. Bates, Gale,;; .; Dieterich, Morse, Stanley, Sanderson, Junk, Gillis, Wood, Curtis, Benson, >- Stephens, Ogden and Chairman, 14. Nays, Messrs. Smith, Wainwright, God-, ' ; frey, Charles, Stearns, Swigart, Miles, Hensley, West and Wilson, lO. I . '

Mr. Gale moved that the special order, being examination of proposals for . ' building county jail at Galesburg, take precedence of the reading of the min- . utes of former meeting of the board, and that the board now proceed to open '. bids for construction of jail. Carried. '

The sheriff, by his deputy, served a writ of injunction upon the board of ,7 supervisors, and each member thereof present, at the suit of Lewis Andrews, - granted by Hon. Thomas F. Tipton, judge of the Circuit court of McLean , county, enjoining said board of supervisors from "Letting any contract to build '.' ; any county jail, or county prison, or any building of any kind or description; whatsoever, to be used, or purposed to be used, for the confinement of prisoners, "." or for any other purpose, for which a county jail or county prison is commonly ' > used, and enjoining and restraining said board of supervisors from taking any further steps whatsoever towards the building of a county jail or county prison."

Mr. Hazzard, one of the parties having made a bid for building county jail, on behalf of himself and other bidders, asked leave to withdraw their ;:- bids from examination. On motion of Mr. Charles the request was granted, -^- - - when several bids were withdrawn, r ;-;.;;,:....-.:-.''-:' v'-';'^""?' ;:-!-- '---'

Mr. Charles moved that proposals filed by parties not present, be returned ' to the parties unopened. Lost. Yeas, Messrs. Wainwright. Godfrey, Charles, . Stearns, Swigart, Miles, Leighton, West, Wilson and Ogden, lo. Nays, Messrs. . '^ Smith, Bates, Gale, Dieterich, Morse. Stanley, Sanderson, Junk, Gillis, Wood, .;:- Curtis, Benson, Stephens and Soles, 14. i -.'.-' j '...= a jail, conditioned upon the dissolution of the injunction, Provided, the bids ' - when opened shall prove to be satisfactory. Adopted. Yeas, Messrs. Bates, -'.'; Gale, Dieterich, Morse, Stanley, Sanderson, Junk, Gillis, Wood, Curtis, Benson, . / Stephens and Soles, 13. Nays, Messrs. Smith, Wainwright, Godfrey, Charles, ,:-:;: Stearns, Swigart, Miles, Leighton, West and Wilson, lo. Excused, Mr. Ogden, I. Absent, Mr. Hensley, i. ... -

Resolved, That the chair appoint a committee to compare the bids offered and to report for the consideration of the board this afternoon the most ,. favorable bid, with contract and bonds, it being understood that the contract^ - and bonds are to be conditioned upon the dissolution of the injunction. - '- . .

. ; "We, the undersigned, supervisors of Knox county, do hereby solemnly-;/' protest and remonstrate against any action being taken by the board for the -., erection of a county jail, or any other county buildings in the city of Galesburg, or for the outlay or expenditure of any of the county funds for such purpose; of the entering into any contracts, or incurring any indebtedness for such purpose; and demand that this protest be spread upon the records of this board, .;. ;" . for the following reasons, viz.: : . ;:

That any such action by this board would be wholly illegal, and in defiance : / : of the injunction issued by a court of competent jurisdiction and duly served, and in contempt of such court; and in violation of our solemn oaths to support v - ' and abide by the law. ': -

Because any contract or contracts entered into by this board, with any ' - person or persons, for the erection of a county jail or any other public county -.' building in the city of Galesburg would be wholly illegal and void, and in de- .- fiance of said injunction, and in contempt of the court issuing such injunction. i .

not in favor of the county seat being and remaining in the city of Galesburg, and are opposed to any county buildings being erected in said city, or any indebtedness being incurred, or funds of the county being expended for any such purpose. That at the election held upon the relocation of the county seat, in the year 1869, it was determined by the Supreme court of this state, in adjudicating the effects of such election, that after casting out the entire vote of Knox township, except 311 votes, there was but about lOO majority in favor of removal ; whereas it is a well known fact, and admitted by the pleadings in said cause, that there were legfally cast in said Knox township about 700 legal votes against removal, there would have been a clear majority against removal of about 200. It, therefore, appearing that the real expression of the voters of the county at that time was against removal, the inference is unavoidable that a majority of the voters of said county were and are opposed to the location of the county seat in the city of Galesburg.

Because the question of a relocation of the county seat is now pending before the people of said county, and due notice has been given to determine the will of the people of said county, whether the county seat shall remain in the city of Galesburg or be removed to the city of Knoxville, by a vote to be taken at an election to be held in said county in November next. Common justice demands that the people of said county should determine at which place they desire their county seat should remain and be located before this board proceed to erect any other county buildings, or incur any indebtedness or expenditure of moneys for such purpose. That the interests of the county will be best subserved by awaiting the final decision of the people of the county. That the erection of county buildings before such question is determined would be unjust to the tax payers and electors of this county, and injurious to the best interests of the citizens.

Because at the time this board was elected by the people it was not known, nor expected, that during the existence of the present board, the county seat would be removed to the city of Galesburg. And further, it was not known that this board would proceed to take any measures towards the erection of any county buildings in said county or incur any indebtedness beyond the ordinary expenses of the county, and that a decent respect for the wishes of the people demands that before this board take any such action the people of the county should have an opportunity to express by their votes whether they are in favor of any public buildings being erected in said county, and whether any such indebtedness should be incurred, or means expended ; that the people should at least be allowed through their representatives elected, after due notice of any such expenditure, whether they are in favor of any such proceeding of this board.

Because, if at the election to be held in November next, a majority of the voters of said county should be in favor of relocating the county seat in the city of Knoxville, there are in said city all necessary county buildings (with the exception of some few repairs to the county jail), sufficient to (answer the needs of the county, for many years to come; in fact, equal if not better than similar buildings in a majority of the counties of this state. .. -

Because the people of Knox county are grievously oppressed with taxes. That the county is now largely in debt, and to pay off such indebtedness, will require a large amount of tax to be collected from the tax payers of the county.- That the experience of other counties that have incurred large indebtedness in the erection of county buildings, or for other purposes, teaches that the burden of such indebtedness, and payment of consequent large taxes, prostrate the general interests of the county and largely decreases the value of the lands, products and property of such counties, and that the creation of such an indebtedness upon this county at the present time, without first awaiting an expression of the wishes of the tax payers of this county, would justly call forth their severest censure and be in violation of our sworn duty to protect the public good, and faithfully subserve the public welfare. , X; .--,'.

Because the county is so largely in debt and without any money in the treasury, or present means to discharge such debt, so that to increase any indebtedness would be wholly illegal. That before the board can properly proceed to erect, or cause to be erected, any county buildings in this county a tax must be levied and the necessary funds provided. That such funds do not now exist, and that to proceed to erect any county buildings without such necessary funds being provided, would be wholly unwarranted by law and all contracts entered into for such purposes would be unlawful and of no effect, further than to involve the county in expensive and useless litigation.

Because the promised donations of the city of Galesburg towards the erection of such county buildings, and lands on which to locate the same, are wholly illegal and void, as lately decided by the Supreme court of the state in a similar case, and were and are fraudulently made for the purf)ose of deceiv-r ing the tax payers of this county. And whereas it appears by the decision of our Supreme court that all such donations can be recovered by the city of Galesburg at the expense of the county and entail upon the tax payers of the county an additional binder, it is gross injustice to the tax payers of the county to erect such buildings upon and in consideration of such promises, now known to be void, and of no effect.

And, finally, for the reasons we have suggested and many others which we might urge, justice to ourselves, to our constituents, to the tax payers and the people of the county, all demand that we protest and remonstrate against the unwarranted, hasty and unjust action of this board. Believing, as we do, that the tax payers of this county are already sadly oppressed with the burden of heavy taxes, and that could they be heard, they would express themselves by a very large majority against the unjust and hasty action of this board, and against the unjust and oppressive taxation which it is proposed to infiict upon them. And further, knowing as we do, that the farming and producing interests of the county are suffering grievously from the unjust and excessive extortion of monopolies, in addition to the heavy load of necessary taxation and the decreased value of their products, that they look to us as guardians of their interests and of the county finances, to protect them a* far as lies in our power from any unjust oppression, such as is proposed to be inflicted upon them by a majority of this board. We would consider ourselves direlect in our duty did we not in their names present this protest and remonstrance, believing our constituents and the people of the county generally will sustain us and be rejoiced in an action.

That the bid of Messrs. James Hazzard & Son was the lowest offered, being for the sum of thirty-five thousand, five hundred dollars ($35,500), but they not being willing to enter into a contract, or stand to that bid for two weeks, provided the injunction served on the board of supervisors be dissolved in that time, we accept the bid of Hiram Pierce for the sum of thirty-six thousand dollars ($36,000), he agreeing to stand to said bid for said two weeks and execute good and sufficient securities to that effect.

On motion the report of the committee was accepted and adopted. Mr. Gale offered the following resolution, which was adopted: Resolved, That the committee appointed to procure plans for the jail be authorized to close contract with and obtain bonds from Hiram H. Pierce, on the terms of his bid. Provided, the injunction obtained against the board shall be dissolved within two weeks from this date. . ' ' '. . ;^. M »' Mr. Gale also offered the following resolution, which was adopted: Resolved, That the same committee be authorized to exchange the lot deeded to the county by A. N. Bancroft for another lot, provided by such exchange a lot equally well situated and large in size and better adapted for a site for a jail can be obtained without any further cost to the county, and to locate the jail on such lot.

While the board of supervisors was awaiting a final decision of the injunction case restraining it from doing anything towards building a jail the second vote on the removal of the county seat was taken, "being an election for and against the removal of the county seat of the County of Knox from Galesburg to Knoxville," held November nth, 1873. The canvass of votes and certificate of the result was filed with the county clerk and recorded in Vol. D of Supervisors Record, page 283, and is as follows: . ; -

For and against removal of the county seat of Knox county. State of Illinois, V from Galesburg, its present location, to the city of Knoxville, in said county, at , - an election held in said county on Tuesday, the nth day of November, A. D. One Thousand Eight Hundred and Seventy-Three.

We the undersigned justices of the peace of the county above named were > this day taken to the assistance of the county clerk of said county, and the poll books for the aforesaid election were opened and the foregoing abstract . made in our presence, at the clerk's office at Galesburg in said county, this -- ; I5th day of November, A. D. 1873.

I, John S. Winter, clerk of the cotinty court within and for the county and state aforesaid, do certify that the foregoing is a correct statement of the votes cast "for removal" and "against removal" of the county seat of Knox county from the city of Galesburg, its present location, to the city of Knoxville, in said county, at an election held in the different towns, wards and precincts in the County of Knox, in said state, on Tuesday, the nth day of November, A. D. 1873.

In testimony whereof I have hereunto set my hand and affixed the seal of said court, at my office in Galesburg, in said county, this I5th day of November, A. D. 1873. (SEAL) - , . JOHN S. WINTER,

'.- At the request of one-third of the members of the board a special meeting was called for December 2nd, 1873, when the board took further action upon the question of building a jail, as follows:

December Special Meeting, 1873. - At the special meeting of the board of supervisors of Knox County, pursuant to a call of the county clerk, at the request of one-third of the members of said board, held at the court house in the city of Galesburg, in said county, on Tuesday, the 2nd day of December, A. D. 1873. Present, Hon. A. C. Clay, Chairman. Supervisors, P. M. Shoop, O. Beadle, W. S. Gale, L. W. Benson, J. M. Morse, G. V. Dieterich, Wm. Swigart. Jas. L. McCornack, B. S. Stanley, Jas. Johnston, H. R. Sanderson, John Sloan, Geo. A. Charles, Jas. H. Nicholson, H. P. Wood, L. D. Shinn and H. J. Vaughn. John S. Winter, Clerk. A. W. Berggren, Sheriff. ^ Board opened by proclamation. :\: V .-- .. \:>^'- -' /; 1 , '

Mr. Sanderson moved that the business of this meeting be confined to such action as may be necessary for the early construction of a jail for Knox county, and the examination and approval of official bonds.

Mr. Swigart moved to amend, by postponing all action in regard to a county jail, until the board received notice that the injunction pending in the Supreme court is dissolved. Lost. Yeas, Messrs. Wainwright, Harlan, Swigart, McCornack, Nicholson and Shinn, 6. Nays, Messrs. Campbell, Shoop, Gale, Dieterich, Morse, Stanley, Sanderson, Junk, Robson, Charles, Wood, Beadle, Benson, Johnston, Sloan and Vaughn, i6.

Resolved, That it is expedient to take at once the preliminary steps .towards building a jail, and to proceed with the building, if an advantageous contract can be made ; provided it shall appear that the entire cost of building and all the contingent expenses shall not exceed $20,000 in addition to the amount now in the county treasury as a special jail building fund.

Resolved, That there be appointed at this meeting, a committee of five supervisors, to be called the jail building committee; that it shall be the duty of such committee to examine and revise the plans and specifications now on file in the clerk's office; that the committee be authorized to make such modifications as seem expedient, not materially increasing the expense or changing the style,

Resolved, That it shall be the duty of the clerk, under the direction of such committee, to advertise for proposals for building such jail. Such proposals to be opened by the board at its next meeting. The board reserving the right to reject all the proposals, if none be found satisfactory.

: Mr. Gale moved that the chair appoint the committee provided for by the resolutions, and that the chairman of the board be a member of said committee, and chairman thereof. Withdrawn.

Mr. Sanderson moved that the chair appoint committee of five, provided for by Mr. Gale's resolutions, constituting a jail building committee, and that the chairman of this board be added to such committee, and be chairman thereof. Adopted.

Mr. Sanderson moved to suspend the rule. Carried, when ' ' - : Mr. Sanderson moved the appointment of a Committee on old county buildings, with George A. Charles as chairman, with instructions to report at the next meeting of the board, their condition and the disposition proper to be made of the same. Carried. The chair appointed Messrs. Charles, Beadle, and Harlan such committee, \ 't^ :'^. -^-: -. ' ' -' -

January Meeting, 1874. - There were present at this meeting, Hon. A. C. Clay, chairman. Supervisors, Messrs. W. W. Campbell, H. P. Wood, P. M, Shoop, O. Beadle, W. S. Gale, L. W. Benson, J. M. Morse, Wm. Swigart, B. S. Stanley, R, W. Miles, Daniel Wainwright, James Johnston, Geo. W. Harlan, John Sloan, Geo. A. Charles, J. H. Nicholson, C. K. Harvey, I.. D. Shinn, H, J. Vaughn. J. S. Winter, clerk. A. W. Berggren, sheriflf. . . . .

Mr. Clay, from the jail building committee, reported, that they have as directed, examined the plan and specifications for jail in the clerk's office; that they have made some changes which meet with the unanimous approval of the committee.

That they had caused to be advertised a call for sealed proposals; that as there are in attendance several persons interested in such proposals, they recommend that the board proceed at once to examine such proposals. On motion the report of the jail committee was accepted and adopted.

On motion of Mr. Sanderson, the changes made by the special jail committee in the plans and specifications for building county jail were read, and on motion the amendments and alterations made by the committee were approved by the board. > .,.>., ;^\ . . .. .- ,,^:;.;..--. ^. -- . -......--.

-.. Jan. 15, 1874. - The jail building committee to whom was referred the proposals received for building jail, made the following . : , . -

That they have examined the proposals referred to them, and find that the lowest bid for building jail complete, is made by H. Andrews, for the sum of $31.500. Your committee are unable to find any person acquainted with said Andrews, and his bid contains no other reference to his residence or ability to perform the contract, if given to him, than the address of his letter, which is dated "Chicago." Your committe would further report that they have telegraphed to W. F. Bushnell, the next lowest bidder, being for $33,000 to meet the committee tomorrow morning; and if he has had understanding of the modifications made in the plan and specifications, and furnishes good and sufficient bond, your committee are of the opinion the contract should be awarded to him. Galesburg, Jan. 14, 1874.

:, Mr. Gale moved that the bid of Ira R. Stevens, for building the complete for the sum of ($34,900) thirty four thousand nine hundred dollars,- be accepted. ,

The order of business being Mr. Gale's motion to accept the bid of Ira R. .-, Stevens for building county jail, the motion after some discussion was adopted. Yeas - Messrs. Shoop, Campbell, Gale, Dieterich, Morse, Stanley, Robson, " Charles, Harvey, Wood, Miles, Johnston, Sloan, Nicholson, Vaughn, 15, ,-

Mr. Stevens appeared before the board, and presented his bond in the ; sum of $10,000, signed by himself as principal, and by Samuel J. Parry, Samuel . Hitchcock, E. P. Breckinridge and George W. Brown as securities, conditioned;' for the faithful performance of his contract. :"'

Mr. Gale moved that the bond of Ira R. Stevens be approved, and the: chairman and clerk be authorized to sign contract on the part of the board with said Stevens for building jail. Adopted. . ; v ,:,t,, ,!;-

Resolved, That the special jail building committee continue in charge of ' the building until the board shall otherwise provide. That the chairman of the committee act as superintendent with such assistance as the committee may provide for. . .^.- . . ,. . , ^ . . v

GENTLEMEN - I hereby propose and agree to sell to the county my residence in block 45, adjoining the lot donated by the city of Galesburg for / a jail lot, for the sum of twenty-six hundred and fifty dollars. ,

Hattie Burlingham

Resolved, That the board accept the proposition of Mrs. Burlingham to i ; sell to the county lot 8, block 45 for the sum of $2,650, and that an order - issue to her for that amount, payable upon the delivery of proper conveyance -:.: to the county clerk, showing complete chain of title. -

On motion of Mr. Morse, the board took a recess of half an hour to /,- enable members to examine lots on which it is proposed to build the jail.

We, your committee, appointed to report what disposition should be made of the county buildings, located in the city of Knoxville, would recommend that they be offered at public auction, and sold to the highest bidder for cash,

We, the undersigned, being appointed a committee at the special meeting of the board, held on the 2d day of December, 1873, "to consider and report to this board what disposition had better be made of the county buildings in the city of Knoxville," do report, that we recommend that the clerk of this board be hereby authorized and required to make a quit-claim deed in consideration of one dollar, to all the county buildings standing on the public square in sai'd city of Knoxville, to the city council of said city. Also to include in said deed, the jail and lot upon which it stands, being the south part of lot No. one, in block No. five, with the exception that the county continues to occupy said jail as long as the county desires; with the privilege at any time to confine insane persons, or others that the county may see proper. Such deed or deeds to be reported to this board for approval. -''-:.*--%; Respectfully submitted, - . -:; :^^ v :- - ! -; ;r V

George A. Charles

Mr. Sanderson moved that the minority report be accepted by the board and adopted. On which motion the yeas and nays were called, resulting:

Whereas, It appears that the lot donated by the city of Galesburg to Knox county, for the location of the county jail is not large enough for that purpose, and it appears that an additional lot must be purchased at a cost of not less than $2,600.00; and it further appearing that a lot suitable for such purpose can be purchased from the city of Galesburg, at a cost of about $1,500.00 and the reconveyance of the lot already donated by the city of Galesburg; be it

Resolved, That a quit-claim deed be made by the board of supervisors to the City of Galesburg for the lot already donated, in consideration of the lot now occupied by said city as a wood lot, on the comer of Simmons and Cedar

. V:^/^v V-Astreets, to be conveyed to the county by said city, and that the sum of $1,500.00 in addition be paid to said city, in case of the conveyance of said last mentioned lot, provided, that said lot be conveyed by the city of Galesburg to the county --. within thirty days from this date, and grant to the county the use of the sewer on Broad street for drainage, without costs. <\ - .

Afternoon session - Mr. Harvey's substitute for resolution of Mr. Gale in reference to purchase of additional jail lot being in order, after further discussion was rejected. . .- . ; .

The clerk presented deeds in accordance with resolutions of yesterday, grant- - ; ing the public buildings in Knoxville to that city, which deeds on motion of Mr.; ' . Gale, were approved by the board. -/:. ; ' :/-

July adjourned meeting, 1874. - Mr. Gale offered the following resolutions and moved that they be laid over until tomorrow morning, or until after disposing of special order : '

Resolved, That the jail building committee be authorized to consent, on behalf of the county, to such assessment as may be made against the property of the county by the City of Galesburg, for the drainage of Cherry street, provided such assessment should, in the judgment of the committee, be fair and reasonable, and for the interest of the county. : /.

Resolved, That the jail building committee be authorized to negotiate for the lot owned by Bancroft, between the jail lot and South street, and report to the board, or contract for said lot or part thereof in behalf of the county, if in their judgment the interest of the county may require. - : '. *

Mr. Gale called up the resolution, authorizing the jail building committee to assent, on the part of the county, to such assessments as might be required, to be levied on county property by the city of Galesburg in constructing a sewer in Cherry street; and the board being advised in relation thereto, the same was ''-' adopted, : , ' - . . '^-:'''.---

Resolved, That the superintendent of the jail building be directed to build a suitable and substantial fence around the jail lots, the kind of fence and manner of building to be by and under the instruction of the board. -- On motion of Mr. Sumner, Messrs. Miles. Dieterich and Campbell were ap-

Mr. Stanley moved that the same committee be instructed to report on the cost of building walk in front of jail lot, and necessary stone walks to front and north doors of jail. Carried. ::.-^ -;'-'-:. . ' I ^^''-.^

Mr. Sanderson moved to amend by authorizing the jail committee to purchase the south half of the Bancroft lot, at a cost not exceeding six hundred dollars.

Resolved, That the jail building committee be authorized to ascertain on what terms the lot, or south half of the lot, owned by Bancroft, between the jail lots and South street, can be obtained, and report to the board at its next meeting.

Mr. Dieterich, from special committee on fence and sidewalks for jail, reported an estimated cost for iron fence in front of jail lots, and close board fence on the other three sides, and also for stone walks to front door, and door of sheriff's office. Report accepted. ' ?>,

Mr. Sanderson moved that the jail building committee be directed to build a tight board fence on the north, east and south sides of jail lot, and a good substantial picket fence in front, and where necessary on said lots. Carried.

September meeting, 1874. - Mr. Gale moved that the jail building committee be instructed to build sidewalk in front of jail lot of Bloomington concrete, similar to the walks now being laid in the public square by the City of Galesburg.

Resolved, That the jail building committee be authorized to procure bedsteads and bedding for so many of the cells as it appears to be necessary to use, and such other furniture for the jail rooms and the sheriff's office as is necessary.

Mr. Gale further moved, that the jail building committee be authorized to procure connection for the jail and sheriff's house with the gas main, and to procure suitable gas fixtures for the building. Adopted.

Mr. Gale, from special committee, reported in regard to addition to jail lot: That the committee had failed to obtain any different terms than heretofore reported; and moved that the chairman of the jail building committee be au-

Mr. Clay moved that the jail building committee be authorized to purchase the south four rods of the Bancroft lot, as an addition to the jail lot, at a cost not exceeding $800.00. v ..

Mr. DeLong moved to amend by authorizing the purchase of the whole of the Bancroft lot at a cost not exceeding $1,500.00. Carried. Yeas - Messrs. Shoop, V Gale, Dieterich, Morse, Stanley, Deatherage, DeLong, Donason, Swigart, Sloan. ' '''--- Soles and the chairman, 12 ; Nays - Messrs. Sanderson, Junk, Wainwright, Sum- , ner, Eiker, Temple, Johnston, Nicholson and Wilder, 9. Whereupon the reso- : lution as amended was adopted. Yeas - Messrs. Sharp, Gale, Dieterich, Morse, Stanley, Sanderson, DeLong, Donason, Swigart, Sloan, Soles and the chairman, -X 12; Nays - Messrs. Junk, Deatherage, Wainwright, Sumner, Eiker, Temple, - Johnston, Nicholson and Wilber, 9.

Mr. Clay moved that the jail building committee be authorized to sell on the :- best possible terms the house on the south half of the Bancroft lot; and to sell the north half of the lot if found to be to the interest of the county to do so. -' Adopted. .-'-.-_ j':. :':'-,'' ;/

September adjourned meeting, 1874. - The special business of the meeting . . being the reception of the county jail from the contractors, A. C. Clay, sup- ': erintendent of construction, made the following report :

That the jail and sheriff's house has been completed according to contract, . (except building cistern, and connecting drainage, to be done as soon as water in the ground will permit), and the same is now ready for your acceptance.

I would further report, that an additional lot, under direction ^ ; of the board, was bought at $1,500, the north half of ; : which with the buildings on the lot so purchased sold for, ' -' '-

I would recommend that you pay the amount due Ira R. Stevens on contract and for extras $37,352.01, less amount paid to him as shown by the report, $31,450.64, and the further sum of $500.00 to be retained until the cistern is built, and connections are made with drainage, as required by contract, being the sum of $5,401.37; and also that provision be made for work yet to be done, such as fencing, sidewalk, gas fixtures, etc.

- Mr. Gale moved that the north half of lot last purchased from A. N. Bancroft, be held for sale at $900.00, and asked that the consideration of said motion be postponed until after the board shall visit the jail.

Afternoon session. - Mr. Ogden called up report of A. C. Clay, superintendent of jail, and moved that the report be adopted and that order issue to Ira R, Stevens, contractor, in accordance with the recommendation of report. ' I

To be delivered upon the certificate of the superintendent, that the said contractor has given him full satisfaction that all claims of laborers and subcontractors have been fully paid.

Mr. Gale moved that nine hundred dollars be appropriated subject to the order of the superintendent, to be exf>ended in carrying out the other recommendations of the report. Adopted.

Mr. Gale moved that the chairman be authorized to receive deed from A. N. Bancroft for lot purchased, and pay interest on purchase money until the first day of February next, at which time payment shall be made for said lot. -: Carried.

: Mr. Gale offered the following resolution, which was adopted : ' ' Resolved, That the jail building committee be directed to procure survey and plan of drainage for the jail, and go on and contract the same in the mode most satisfactory and economical to the county, unless the City of Galesburg shall take immediate action for the drainage of Cherry street, on terms satisfactory to the committee.

Mr. Gale offered the following resolution, which was adopted. '.-'-,--.- ' Resolved, That the sheriff be directed to take possession of the jail, and prepare the same for the use of the prisoners, but that no prisoners be removed until the jail is in condition to receive them with safety to health, and sewerage immediately necessary be provided ; and that supervisors Morse and Clay be a committee to advise the sheriff as to when the jail can be inhabited with safety.

Since the last meeting of the board, the contractor of the jail has completed the cistern and made the necessary connections. I accepted it and made an order on the county clerk for balance due him on the jail contract, viz: $500, taking his receipt in full.

A. C. Clay

- of Parry & Stevens, in payment for sewerage contract, payable March ist, 1875, for the sum of $1,412.77, with interest at ten per cent for four months, amounting to $1,459.87.

Mr. Sanderson moved that the sum of $600, being at the rate of $ioo per month, be allowed and paid to A. C. Clay, as superintendent in building county jail.

Mr. Gale moved to amend by allowing Mr. Clay supervisor's per diem and mileage for i6o days' service. After some discussion Mr. Sanderson offered the following substitute:

Resolved, That the sum of $3.12^^ per day for i6o days be allowed and paid to A. C. Clay, superintendent of jail building; and that the further sum of $ioo, advanced by Mr. Clay to obtain possession of jail lot be refunded to him; and that in payment the clerk issue order to A. C. Clay for the sum of $500 for services, and an order for $ioo for money advanced. .

September meeting, 1883. - In behalf of the jail committee, Mr. May made a verbal rep>ort on the question of heating the jail and repairing the roof. He said the present system of heating is by hot air, and under ordinary circum-

- stances will answer well enough so far as the prison department is concerned, . but in very cold weather it is difficult to get up sufficient heat to make the prisoners comfortable and the furnaces have to be run so hard that they require frequent and expensive repairs. To fit the furnace for use this winter will require an outlay of at least $300. But the great objection to the present system of heating consists in the fact that the cells in which the insane are

- necessarily kept, when confined in jail, are heated by stoves, thus entailing the great risk of the loss of the jail by fire. Your committee find that on several occasions stoves have been taken to pieces or knocked down by insane patients temporarily confined in the jail. Your committee has investigated the

. question of steam-heating and they are of the opinion that the jail can be better warmed, at a less expense and with absolute safety by the use of steam. ;- We present to the board several propositions ranging in price from $725 to $975, and regarding it a less expensive and at the same time a more efficient system, y and removing as it does the danger of fire alluded to, we recommend the substitution of steam heating for the present one. We also recommend that the jail roof be painted and such little repairs made as may be necessary.

On motion of Mr. Gale the report of the committee was accepted and its recommendations concurred in, and the chairman of the board and the chairman of the jail committee were authorized to contract for the change on the most advantageous terms possible.

The undersigned, to whom at the last session of this board the matter of heating the county jail by a steam heating apparatus was referred, with power to act, beg leave to report that they immediately entered upon the duties devolved upon them; that having had several conferences with the managers of the Haxton Steam Heating Company, of Kewanee, 111., they were able to make a contract with them to place their apparatus in the jail building for heating the same with steam, which contract accompanies this report. We further report that we watched the work of introducing the apparatus into the building as it progressed and becoming convinced that it would be to the advantage of the county to have the apparatus extended so as to heat the entire building, we authorized such enlargement of the contract, and we report that in our opinion the entire building is now adequately supplied with steam heating apparatus well adapted to that purpose. We submit our doings aforesaid, together with the bill of $905.84, submitted by the contractors aforesaid, and ask that they be approved and the said bill allowed.

On motion of Mr. Greenleaf the foregoing report was adopted and its recommendations concurred in, and the clerk directed to issue orders therefor.

In 1883 the agitation began for the employment of such petty criminals, as may be convicted of a crime involving a fine or a fine and jail sentence, in some work for the purpose of making collection of the fine and relieving the prisoners of the monotony and evil effects of languishing in jail. The jail has long and justly been considered as a primary school to the penitentiary and therefore a very damaging judgment to be pronounced against a young or first offender. The seeming better opinion has been held for many years that such offenders should be set to work and even allowed some compensation therefor.

Adjourned meeting August 6, 1883. - Resolved, That the judiciary committee be directed to confer with the authorities of the city of Galesburg and report at the next meeting of this board the feasibility and probable cost of some method by which persons convicted of crime and sentenced to the county jail by the proper authorities can be made to work out such fines under proper restraint and direction.

visors: In view of the great expense of our county in maintaining so many petty criminals in idleness who are sentenced to various terms of imprisonment in our county jail by police, justice and other courts, and believing that a well planned and directed work house or house of correction would reduce such expense to a minimum point or overcome it altogether. Therefore, Rcsohcd, That the chairman of this board appoint a committee of throe members to examine into the workings of such institutions in other counties and report at the next regular meeting of this board upon the advisability of introducing such an institution into our county.

March, 1893. - Mr. Lawrence, of the special committee, appointed at the December meeting of this board to examine into the workings of houses of correction as operated in other counties, read the following report : Mr. Chairman and Gentlemen of the Board of Supervisors of Knox County:

We, the undersigned, committee appointed at the last regular meeting to examine into the workings of houses of correction as operated in other counties with a view of introducing a similar system into this county if found to be practical and advisable, would respectfully report as follows: .' I r/^.

We have visited the house of correction at Peoria, which was organized and is operated wholly by the city of Peoria, and from statements made by the superintendent of that institution, covering its workings for a period of thirteen years and from our own observation, we are of the opinion that such an institution is both practical and advisable for the following reasons, viz :

1st. The criminal and vagrant class, or those who prey upon the community at large, are inclined to shun those communities where houses of correction or work houses are located. i . ' ' '.

2nd. We believe that a criminal while held in custody in default of payment of fine for misdemeanors committed, is better situated both for himself and the public at large if compelled to labor at some useful employment than if permitted to lie in idleness especially if he is to be associated with others of a similar class, for they will then be more than likely engaged in schemes and plans for further and more to be dreaded criminal conduct.

3rd. W'e believe that a criminal compelled to labor while deprived of his liberty on account of misdemeanors committed, will be more likely to seek and engage in some honest employment after his liberation than he would do were he permitted to remain in useless idleness during his detention.

4th. We believe there will be less eflFort made in trying to escape from custody by those offenders who are kept busily at work than by those who are simply watered, housed, fed and kept in comfortable idleness with plenty of time at their disposal to plan deeper crimes and means of escape. j .; A -

5th. We believe that a house of correction, well arranged and conducteid, can be made almost if not quite self supporting, and thus relieve the tax payers of the ever present burden of supporting a class of criminal and vagrant idlers. - ' --J^. '-'^.--- '-"' .;^'

In other words, we believe such an institution will be the means of enabling the thrifty part of the public to compel those who are ever a menace to peace, order and prosperity, to pay with their own labor the penalty of their misdeeds, while being at the same time reformatory in effects. ;'--/]-:''-;