DeKalb County, Indiana - Chapter 4: Organization and Government of County, 1914

Chapter 4: Organization and Government of County

In the winter of 1836-7 the act was passed by the Legislature organizing DeKalb county and immediately a strenuous competition began for the location of the county seat. The legislative act named the boundaries of the county as follows : "Beginning at the southwest corner of township 33 north of range 12 east, thence east to the east line of the state, thence north with the state line dividing townships 35 and 36, hence west to the line dividing ranges 11 and 12, thence south to the place of beginning." The count}' was named DeKalb in honor of Baron DeKalb, a GeiTnan noble, who espoused the cause of colonial independence, joined the American army, and was commissioned a general. He fell at the battle of Camden, fought near Sanders creek, South Carolina, on August 6, 1780.

DeKalb county is a part of the thirteenth congressional district. In the state Legislature DeKalb and Steuben counties constitute the tenth judicial district. The length of DeKalb county from east to west is twenty and onehalf miles, comprising an area of three thousand six hundred and ninety acres. The length from north to south is eighteen miles. When organized the county had a population of nearly one thousand.

As mentioned before, the competition for the location of a county seat grew very strong. Messrs. Rogers and Hamilton, on one side, and Park and Howe, on the other, were the contending forces. The former bought up land, laid out a town plat, staked off lots and named the site Centerville. The site laid out by Park and Howe was on the west bank of Cedar creek, two miles south and three miles west of the center of the new county. This location seemed to cany the most favor, and when Littlefield, of Lagrange, Gilmore, of Steuben, and Robert Work, of Allen, were appointed commissioners to

First Election

The first election in DeKalb county was held in July, i837'. The river settlers voted at the home of Washington Robinson, at Vienna, or later called Newville. Three county commissioners, two associate judges, and a clerk and a recorder were to be elected. A bit of humor came to the surface when the ballots were being counted out. One voter, evidently of poetic propensities, had cast his ballot thusly :

On July 25, 1837, the first meeting of the board of commissioners of DeKalb county, consisting of Peter Fair and Samuel Widney, was held at the house of Wesley Park at Auburn. The meetings were held at this place for several years afterward. The first official step of the board was to appoint Wesley Park clerk pro tem, also county treasurer for a year. Byron Bunnel was selected as county agent; John Blair was made assessor; and Lanslot Inginan was named collector of taxes. The first legislative act was then executed, naming the boundaries of Franklin township, as follows: "Commencing at the northeast comer of said county (DeKalb) ; thence west to the corners of ranges 13 and 14 east, townships 35 and 36 north; then south six miles to township 34 north, ranges 13 and 14 east; thence east on the town line to the east line of the said county; thence north to the place of beginning; the above shall constitute the first township in DeKalb county." Provision was made for organizing the township by an election to be held the first Monday in August following, and Peter Boyer was appointed inspector of elections, Isaac T. Aldrich, constable, and John Holton, supervisor.

The office of judge was a singular one. Some of the judges of the day could not carry on court unless they had, at stated intervals, a little dram of whiskey. The drudge acted as an accommodation : he kept the judge supplied with the spirits. Samuel Widney, Peter Fair and Isaac F. Beecher were elected county commissioners; Arial Waldon and Thomas L. Yates, judges of the court; and John F. Coburn, clerk and recorder. John P. Widney carried the returns of the election to Auburn, as the cabins of Wesley Park and others were called. The journey was made on foot, following an old Indian trail, as there was no road. En route all the swamps were waded. Thomas L. Yates, one of the judges elected, was a very peculiar character. He wore a coarse huntin'-shirt and fox-skin cap when he took his seat on the bench, but for all his eccentricities, made an excellent judge.

The "second session but first regular" was held at the same place, September 4, 1837. A full board was present, including Peter Fair, Samuel Widney and Isaac F. Beecher. John F. Coburn was clerk and Wesley Park sheriff. "Being detained by unavoidable circumstances from transacting business," they adjourned until the next day. On reassembling Samuel Eakright was chosen road commissioner for the county; after which an order was passed "that the congressional township 34 north, range 13 east, be organized as a township for judicial purposes, to be known as the name of Union township, and that townships 34 and 35 north, range 12 east, and townships 33 and 35 north, range 13 east, be attached thereto." It was also "ordered that Wesley Park be appointed supervisor for the road district No. I, comprising the whole of Union township, and all the lands lying within said township are allotted to said district."

Further, it was "ordered that the congressional township 34 north, range 14 east, be, and it is hereby organized as a civil township, to be known by the name of Wilmington township." Byron Bunnel was appointed supervisor.

And again it was "ordered that the congressional township 33 north, range 12 east, be, and it is hereby organized as a civil township, to be known by the name of Butler township." Andrew Surface was appointed supervisor.

It was at this meeting that money was first appropriated for current expenses of the county. The first order drawn was for $50.84, in favor of Wesley Park, and was to pay for these items : $8.00 for services as sheriff previous to the first session of the board, and as clerk during that session: $i6.f)9 for services as commissioner in laying out the Fort W^ayne and Cold- water state road, and $26.15 for services as commissioner in laying out the Goshen and Defiance state road. Wesley McCan was allowed $2.96 for services as axman in laying out the road : Martin Van Fleet, $2.96 for acting as chairman at the same time ; Lanslot Ingman, 3 1 ^4 cents for similar work ; William Park, 31^ cents as chainman, and $4.75 for laying out the Goshen and Defiance state road ; Seth W. Murray, $7.23 for service as commissioner in laying out the Fort Wayne and Coldwater state road; and Joseph Miller, $26,213/2 for surveying both the above mentioned roads. Joseph Miller was appointed the first county surveyor.

The only other business transacted at this first regular meeting was the allowance of the commissioners per diem, an item which comes up as regularly as the board meetings, several times each year. While the present system seems to cost quite a sum in the course of a year, it nevertheless is much less expensive than that in practice in Michigan, Illinois and other states, where, instead of three commissioners, there are from fifteen to twenty-five supervisors to draw mileage and pay.

The second regular session of the board was held in November, and, the governmental machinery of the county being now fairly set in motion, was pretty much like the sessions that have since been held at the appointed times for the transactions of routine business. At this second meeting Wesley Park was appointed school commissioner for the county.

At the January session, 1838, Jackson township was erected out of township 33 north, range 13 east, and John Watson was named as inspector of elections. An unique scale of licenses was adopted, fixing a tavern license at $20.00; each license to vend wooden clocks, $60; each license to exhibit a caravan, menagerie or other collection of animals, or show of wax figures or circus for each day, $40. The license of $60 for selling wooden clocks seems strangely large to us, who can go to any jewelry store and buy a clock for a dollar and a half, as far superior in value as inferior in price to the sort distributed by the shrewd Yankee peddler of three-quarters of a century ago.

During the latter part of 1837 DeKalb county was organized, including the present township of Concord, and the fractional townships of Stafford and Newville. In March, 1838, the fractional township 34 north, range 15 east (now Stafford), was detached from DeKalb and annexed to Wilmington for civil purposes, and the name of DeKalb was changed to Concord.

In those days nearly all business men were obliged to pay licenses of various amounts, in addition to their ordinan,'^ taxes. Grocers, even, were laid under contribution, for March 7, 1838, in the commissioners' record an order was entered that the tax assessed to Thomas J. Freeman, for a license to vend foreign merchandise and foreign and domestic groceries for the current year be 85 cents, it appearing that the amount of his capital employed therein is $170.

At the May session, 1838, the amount of bond for each constable in the county was fixed at five hundred dollars. The sum of two thousand dollars was also appropriated from the three per cent, fund for roads, as follows : Eight hundred dollars for the Goshen and Defiance state road ; eight hundred dollars for the Fort Wayne and Coldwater state road; and four hundred dollars for the state road on the northwest side of the St. Joseph river. Several bridges were also ordered built. At the same session the commissioners fixed the poll tax for 1838 at seventy-five cents, and the property tax at a dollar thirty-five on each one hundred dollar valuation. Of this one dollar and thirty-five cents, eighty-five cents was for county revenue, and fifty cents for road purposes.

County Jail

Byron Bunnel, county agent, on May 9, 1838, was authorized by the commissioners to contract for the building of a jail at Auburn, if he could sell enough of the county lots, which had been deeded to the county by Wesley Park, to pay for the work. The following is the plan of the proposed jail : "Said jail to consist of one ground room, sixteen feet square inside of the walls. The upper soil where the jail stands shall be removed and three sticks of timber one foot square and twenty feet long shall be bedded ten inches into the ground, twenty feet apart from the outside of the two extremes, upon which a floor shall be laid of timber, a foot thick and eight to sixteen inches wide, making a floor twenty feet square, upon which said jail shall be built of double walls on each side two feet thick. The inside wall shall be eight feet high between floors." The jail was to have a shingle roof and be lighted by one four-light window of eight by ten glass. It was to be secured by iron grates of inch-square bars running at right angles, three inches apart.

place. All orders for selling town lots and for building a jail were rescinded, although Bunnel was paid for what he had done. Freeman, Wesley Park and Nelson Payne were appointed as a building committee for the jail. This jail was completed on time, and was used by the county authorities for about twelve years.

On December 5, 185 1, Jefferson Wallace contracted to build a county jail, gave bond, and was authorized to draw on the county funds to the extent of one thousand dollars. B. G. Cosgrove was the architect, and was allowed thirty dollars for his plan. In December, 1852, the board of commissioners examined the completed building and accepted it. W. K. Streight, then sheriff, was instructed to bank the jail. Joshua R. Steves, later a resident of Auburn, acting for Wallace, did the painting required and the county had a fairly secure place. Many notorious criminals were confined in this building, such as Mrs. Knapp, who murdered her husband, and Avhile in jail attempted to kill herself by the "hara kari" method; "Michigan Bill," who made good his escape from the jail.

When the next jail was contracted for in 1875. the old building was moved east to the northeast corner of Cedar and Ninth streets, and was fitted up for fire quarters, and a meeting place for the town board.

The next jail was contracted for on January 16, 1875, by William Crane, James R. Duncan and Harmon Lydecker. T. J. Tolan & Son, of Toledo, were the architects. The structure was completed at a total cost of $28,- 647.78, and was equipped with triple grates, and the most modern Scandinavian locks. Twenty-nine thousand dollars worth of ten per cent, short time bonds were issued by the county, to cover the expense of building. The first man imprisoned in this jail was George Hobnich, then serving a term of ninety days for larceny. Lewis Abbott, who murdered Francis Houlton on March 18, 1878. was incarcerated here prior to his trial, and conviction, and sentence for life in prison. Levi Kessler, who murdered Alexius T. Harner on December 14. 1885 was also kept here.

Upon the erection of the new DeKalb county court house, arrangements are being made to remove the old jail from the court yard, and on the lot just north of the new city hall to construct a new and modern jail. Appropriations have not yet been made, but jilans have been asked for. and active work will soon begin.

Court House History

The first court of DeKalb county has already been described as being held in the cabin owned by Wesley Park, the pioneer of the town of Auburn. A schoolhouse was afterward erected, and for a time court was held in this building. A dilapidated stove in this place supplied the heat, and a rough platform of boards was built at one end, and given the name of the "bar."

First Court House

At the ]\Iay session, 1840, of the commissioner.s court, the county officials having detennined to build a court house on the public square, Tliomas J- Freeman, Wesley Park and Nelson Payne were appointed superintendents for the construction of such a building. Its dimensions were to be "thirty feet north and south, and forty feet east and west, six feet of which shall be a portico, four feet to stairs and wood rooms, leaving court house thirty feet long. Two front doors and an alley from each to circle fronting the judge's bench which was to be elevated a few feet above the floor. The clerk's seat and table to be in front of the bench. The criminal's box also to be in front of the bench. The rooms to be lighted by eleven twenty-four-light windows above and below. The front of the portico to be supported by four turned pillars fifteen inches in diameter." The cost of this building was to be defrayed by the sale of lots belonging to the county, excepting those required to pay for the jail or set aside for other reasons. In the commissioners session, 1841, the plan of the court house was received, entered into detail of structure, and date of July i, 1842, selected as the time to begin work on the structure. Bids were called for, and James Hite, a carpenter, living southeast of Auburn, took the contract for eight hundred dollars. He was assisted by Lyman Chidsey to put up the frame. The work seems to have dragged, as Judge Mott said that \\hen he came here, in the summer of 1843, the public square around the court house was partially logged, but burned off. and the frame of the court house was up, but not inclosed. In the fall of this year the frame was completed, and on April 29, 1844, the court held their first session in the new structure.

Second Court House

Nothing much was done until the spring of 1864, at which time work on the building was resumed, and was pushed forward rapidly. On July 1st, the bell, weighing six hundred pounds, was brought by rail to Waterloo, thence by team to Auburn. It was manufactured by B. W. Coffin & Company, at the Buckeye Bell Foimdry, Cincinnati, Ohio. By the last of July, the dome of the court house neared completion, and on contract time the work was finished and accepted by the county commissioners. The building completed, contained six hundred thousand brick, three thousand perch of field stone, or boulders, one thousand superficial feet of cut stone, thirtythree thousand six hundred pounds of iron joists. The foundation was laid to the top of the ground with common field stone, and faced with Sandusky limestone. The building was divided on the first floor into four offices, twenty-one by twenty-four feet, each with fireproof vaults. The courtroom was in the second story. The tower was eighty feet high, and surmounted by a flagstaff, supporting a metallic eagle at one hundred and fifteen feet above the sidewalk.

The New Court House

Now in the process of erection, and to be finished during the early months of 19 14, the county of DeKalb has a truly magnificent court house. The building, architecturally, is worthy of the ancient Greek and Roman art. The beauty of design, richness of ornament, and quality of material, is unsurpassed in the state of Indiana.

The old court house had been for many years deemed unfit for use, and the floor space inadequate for the increasing need. In 1910, the subject of a new court house, one that might stand for decade after decade, combining the most modern and efficient features, was talked of by the county officials and inhabitants.

The first appropriation for the new structure was made on September 9, 1910, when two hundred dollars was set aside for use in inspecting buildings in other counties of the state, with the view that a court house best suited to the needs of DeKalb county might be secured. The county commissioners duly set forth on a tour of inspection through Indiana. Several of the leading cities were visited on the trip. On February 13th, the board met with several architects, and after thoroughly going over with them the proposed plans, Mahurin & Mahurin, of Fort Wayne, were decided on for the drafting of the plan. On February 15, 19 10, the plans were formally accepted, and filed with the county auditor. At the August meeting, 19 10, a requisition for two hundred and fifty thousand dollars was made for the construction of the new court house. Bids were asked for on May 4, 191 1, and there were ten different bidders for the work. J. B. Goodall, of Peru, was successful, having bid one hundred and eighty-five thousand seven hundred and fifty-seven dollars, with an allowance of three hundred dollars for the old court house.

The corner-stone was laid with fitting ceremonies on July 27, 191 1. Thomas R. Marshall, then governor of the state, delivered a pleasing address.

The court house dimensions are: North and south, one hundred and forty-six feet ; east and west, one hundred and thirty-two feet ; height, eighty feet. The stone used in the construction of the building is Bedford oolitic limestone, quarried near the city of Bloomington, Indiana. The handsome marble used in the interior of the structure is Vermont marble of number one quality, not a slab of number two being in use. Grenito floors, composed of cement and marble chips, are laid and in the lobbies and rotundas there is a well designed tile floor. The court room, commissioners' room, and libraries, are laid with a cork floor, to heighten the accoustic properties, and at the same time insure silence. The dome is capped with art glass, illuminated by sixty electric lights in a surrounding trough at the base. The woodwork in the building is all of quarter-sawed oak; this includes the paneling in the courtroom. The court room is decorated with pure leaf gold, and is constructed with the aid of the most modern accoustic arrangements with a minimum of silence. Electric light, gas, water, and the latest vacuum cleaning apparatus are installed. Lavatories are on each floor, and washstands in every room of the building.

There are forty-six rooms in the court house, exclusive of lobbies, corridors, and rotunda. On the third floor are: two waiting-rooms for witnesses; attorney's consultation room, large court room, jury room, court stenographer's room, judge's private room, law library, attorneys' second consultation room, grand jury room, ladies' witness room, gentlemens' witness room, Grand Army of the Republic and relic room, small court room, judges' consultation room, county superintendent's examination room, also his office ; on the second floor are the officers' toilet, recorder's record room, office, and workroom, clerk's record room, ofllice, and workroom, commissioners' room, also a private room, auditor's two rooms, auditor's and treasurer's room with metal grill between, treasurer's office, ladies' toilet; the basement or first floor has ladies' and gentlemen's toilet, mothers" room, ladies' rest room, surveyor's office, also workroom, sheriff's office, prisoner's cage, stale record room, county assessor's office, assembly room, and two annexes.

Two beautiful mural paintings form a part of the decoration, placed on the walls adjoining the stairway at the third floor. One represents "The Spirit of Industry" and inscribed in gold letters below the painting are the words : "The center group, a sitting female figure, allegorical of the state of Indiana, her right hand resting upon the constitution and her left hand holding the great seal of the state, giving protection to the agricultural and industrial endeavors of the county, assisted and counselled by a male figure, allegorical of the finest spiritual qualities of the human mind. At the base of the center group a figure symbolic of education, a woman teacher instructing a future citizen, on the left different manufactures are portrayed and on the right agriculture is represented by a great field of golden wheat, with harvesters in the distance, and in the foreground, cows and sheep, implying domestic industries of the county." The painting on the opposite wall represents "The Spirit of Progress," with the following inscription below: "The center group represents a monumental figure of Baron DeKalb, being crowned by the Goddess of Victory as one of the bravest heroes of the Revolution. His horse being killed under him, he has regained his feet and although badly wounded, is setting a fine example to his soldiers in attacking the enemy again and again, until mortally wounded. To the left in the background scenes from the wars with the Indians, which were unavoidable before a final peaceful settlement of the country was possible. At the right, Columbia is proclaiming Peace and Liberty to the country. In the foreground, starting on the trail, is one of the earliest pathfinders, and in the distance, a settler with his family, tilling the soil of the county."

These paintings were executed by Arthur Thomas, an artist of New York City, and were submitted by the William F. Behreng Company, of Cincinnati, and were approved by the commissioners on May 30, 1913.

The superior system of natural lighting in the DeKalb county court house is unsurpassed in the state, and is a model of twentieth century progress in designing.

The total cost of the structure will fall close to the sum of three hundred thousand dollars. A bond issue of one hundred and sixty thousanddollars has been made.

Plans are made to beautify the extensive lawn surrounding the structure, which occupies the space of a city block, and the many shade trees are being carefully preserved. Cement walks and arc lights will decorate the court yard, and at each of four entrances has been placed a sanitary drinking fountain.

The citizens' committee for the erection of the court house is composed of Rev. Augustus Young of Garrett, Sam G. Stone of Butler, and Albert W. Howalter of Helmer.

The DeKalb County Asylum is one of the best in the state, in equipment, space, methods, and as a comfortable home for the unfortunate people who are compelled to seek refuge there. The establishment of a home such as this one is charity and humanity of the highest. A man has a right to be protected by his fellows, and he has the right to demand it, but pride and dread of dependence together prevent him from doing so in almost every instance. In the case of the county asylum, the individual does not have to seek help, the county seeks him who needs it, and gives it with open hand. Such is the beneficence of this institution.

The present asylum is a magnificent structure of brick and stone, containing in the main building sixty-four rooms for the inmates. The former asylum was a two-story frame building, and, although adequate to the immediate needs, was supplanted by the present building. The farm belonging to the institution contains three hundred and twenty acres, and active fanning is conducted thereon by the inmates who are able and qualified to work. Steam heat from a private plant is supplied to all of the buildings, and the place is wired for electricity, although at this date the current has not been sent out from Auburn. There are commodious barns, out houses, store houses, bakery, and shops connected, and a diversity of labor may be given to the inmate. Three girls and two men are employed on the farm besides the proprietor, Alva Grogg, and his wife. Good, substantial food is obtained, and comfortable living quarters are furnished. The building was constructed in 1908. At this date there are forty-one inmates, eleven of whom are women. The county supports the institution, although the farm itself brings in some revenue.

The following list shows the value of the lands, lots and improvements; the value of personal and corporation property; and total net value of taxeo DEKAI.B COUNTY, INDIANA.

County Officers

The ofificers of the county of DeKalb for the year of 1913 are as follows: Glen Van Auken, joint senator ; E. M. McKennan, representative ; Frank A. Powers, judge circuit court; Hubert Hartman, prosecuting attorney; John Hebel, clerk circuit court; A. W. Madden, auditor; Warren McNabb (deceased), Harvey O. Williams, recorder; J. J. Oberlin, treasurer; John Hoff, sheriff ; Alva L. Link, surveyor ; Lida Leasure, county school superintendent ; Alva Grogg, superintendent of county asylum ; Ed. Kelham, E. A. Bordner, W. A. Dannels, commissioners; Leonard Shipe, ditch commissioner. The county council is composed of Luther Knisely, Charles Arford, Wesley D. Miller, Charles Eckhart, John S. Potts, William Mercia and Gustave D. Beeber. The trustees are: George W. Burtzner, Butler; S. H. Nugen, Jackson; Samuel Mumaw, Concord; John Whitehurst, Newville; C. W. Webster, Stafford; F. W. Nimmons, Wilmington; Frank Pyle, Union; George Shaffer, Richland; Clark Hemstreet, Fairfield; Jerry Mortorff, Smithfield; Oliver Oberlin, Franklin: Daniel Burkhart, Troy; S. H. Down- end, Keyser; J. H. Reed, Grant; William Erick, Spencer. The assessors are as follows: David Heitz, Butler; A. E. Culbertson, Jackson; John Smith, Concord ; Neff Cullers, Newville ; Henry Shaffer, Stafford ; Henry A. Winslow, Union ; A. D. Brunson, Wilmington ; Frank Devinney, Richland ; Henry Deetz, Fairfield; Brown Albright, Smithfield; Benjamin Lowe, Franklin; Frank Gunsenhouser, Troy; D. S. Haag, Keyser; D. E. Newcomer, Grant; George W. Wade, Spencer; George Scattergood, county assessor. County attorneys are : Daniel M. Link and Edgar W. Atkinson.

The last financial exhibit by the county auditor, showing receipts and disbursements to county fund is: Receipts, $282,720.65; disbursements, $177,979.85; balance in county fund, $104,740.80; balance in county bond fund, $22,789.37, making a total balance of $127,530.17.

The statement of the county including receipts and disbursements of several funds is: receipts, $643,990.63; disbursements, $495,062.92; balance, $148,927.71. The latter figure is the balance in the county treasury.