Delaware County, Indiana - Public Buildings, 1881

Public Buildings

HEN the organization of the county had been perfected, and the legal machinery of a separate county jurisdiction had been adjusted to the conditions surrounding, the officials through whose instrumentality the motive powers of local government were to be applied, set themselves about preparing suitable quarters for themselves and for the legislative and judicial tribunals of the county. Until this was done, these quarters were substituted, private residences, shops or hotels (taverns) being pressed into service for the public good and for the accommodation of justice. The first public edifice of which we have any specific account was a

Frame Court House

It was one of those substantial old-fashioned frame buildings, in construction common to the period of which it was a fair representative - two stories high, with low ceilings, the gable facing the street. The quite heavy, and hewn to a square surface; the sills of not less than twelve inches, and the plates and posts ten inches; while the crossbeams and other principal timbers were, perhaps, a little less in size, all framed with mortise and tenon, and pinned together with good substantial wooden pins of from one inch to an inch and a half diameter. The frame, therefore, was of the class known as "solid " weatherboarded, and not likely to be soon affected by the wrenchings of time. The sequel shows, however, that the elements of durability and permanency were not well considered. In size the building was about 20x40 feet, the lower story divided into two rooms, for court purposes, with a door, two side and two front windows in each, the upper story being calculated for the use of officials in managing the affairs of the county. Within ten years after, this "solid" frame began to show signs of premature decay, and soon came into disuse for the purposes contemplated in its construction. It caught fire at one time, and, but for the timely interposition of citizens and others interested pecuniarily in its safety, would have. been summarily devoured by the flames. At the time of the building of this old frame court house, a large area on all sides of it was vacant, unoccupied ground, the enterprise of Muncie in that day wanting much in comparison with the cosa ie at more recent periods in its history.

The Present Court House

Evidences of dilapidation having early manifested themselves in the "old frame," and the necessities of the times demanding an improved condition of things, the Board of Commissioners of the county session of the board in the winter of 1836-37, an order was entered _ adopting certain plans proposed, and awarding the contract for a brick - court house, forty-five feet square, and twenty-eight feet high, to be surmounted with a cupola of appropriate dimensions, to Morgan John, for a sum of money, the amount of which is not now ascertainable. The plan and cost, however, were to be in substantial accord with the Wayne County Court House at Centerville. After the original plans and specifications had been prepared, and the work contracted for, it was found to be desirable that certain changes be made in the details of the work. The matter was thoroughly canvassed, and a special agent sent to Centerville, with instructions to make further examination, and submit the result to the board for its consideration This trust was promptly executed, and the changes suggested by the agent were adopted by the

Before the contract was fully carried out, the contractor failed, and the board was compelled to take the completion of the building into their own hands.. This was done, and the work finished in due time. Mr. Turner, in his reminiscences, speaking of the experiences of the board in this matter, says: "The brick of the building were to be laid up in what was called 'Flemish Bond,' and two bricklayers were secured from New Castle, who were Eastern workmen. They did not, however, prove to be equal to the task, and could not lay them up in that way. So, after the first story was up, they quit, and some excite-_

That building is still-standing and in a state of preservation comporting well with the prevailing "workmanship of the day; but the plan and the adaptations are not at all in accord with the requirements of the present day, especially when it is considered that Delaware County stands deservedly in the highest rank among the several counties of the State, for enterprise and productive wealth.

County Offices

At the June session, 1848, of the County Board, the first action from an official source, toward the erection of permanent quarters for the principal officers of the county, was had in the appointment of a committee to prepare plans and specifications for such a building. That committee having completed its work at the special session of the board in July of that year, submitted the same, of which, and the action of the board thereupon, we have the following record:

" And now, at this time, comes James L. Russey, Silas Morgan and Joseph Anthony, who were appointed at the last term of the board, to make out the plans and specifications of a building on the public square, in the county seat of said county, for the offices of Treasurer, Recorder, Clerk and Auditor, and report the following, to wit:

1st. The building to be 46 feet long, and 26 feet wide, from outside to outside, and the walls to be 20 feet high, that the stories may be 9 feet in the clear, each with a hall running through, 8 feet and 4 inches in the vaults, 6 feet wide and 17 feet long, in the clear, with a chimney in each end running from the lower story, suitable for stove flues for each room. There are to be nine windows in front, two in each end above and below, and five in the rear, with a door at each end of the hall, and door from the hall to each office, also an iron door shutter, with a cut stone two feet long for each to be imbedded in, with a rabbet in the wall from each room into the vault, each room 17 feet square in the clear, well plastered and white-washed, together with the hall and vaults.

"2d. The foundation to be laid of good stone, 3 feet deep and 18 inches high, ore foot above ground, at the highest part of the ground, and all the stone above ground to be cut and laid in what is called range-work. |

3d. The-walls to be laid up with well burned brick, and of full 13-inch wall, all except the two walls forming the hall, as far back as the vaults come, which are to be 9-inch walls, and the front walls to be laid up in what is called 'Flemish Bond.'

4th. The vaults to be made fireproof, by running an arch over each, of brick, suitable to support brick and mortar sufficient to form a good fire-proof fioor over each, three bars across, each one inch square or round iron, with a screw on each end, and two additional bars of iron as aforesaid, through the vaults, and the doors of the vaults to 2 feet 3 inches wide, and 6 feet high, and the shutters of said doors to be of iron, and hinges to suit the same, as are generally used in such buildings, with good and sufficient locks for such doors, together with good locks, bolts, window-springs, catches for shutters and sash.

"Sth. The esr to be sawed 3x10 inches, and laid 18 inches from center to center; the first tier of joists to be 2x8 inches, laid the ame distance apart, with top tier extending over the wall, sufficient to receive a suitable cornice 2 feet wide, and necessary moldings made of plank, and also be framed and pinned well into a beam running through the building, 8x10 inches, 46 feet long, all of good oak timber.

6th. The roof. The shingles to be of good yellow poplar timber one-half an inch thick, laid 5 inches in length, to the weather, with a good raking cornice at each gable end of the building, and tin troughs slipped under the shingles, and spouts of the same at two corners, with suitable spout-heads. [See paragraph 12th added by the board. |

"7th. The floors of the offices and halls to be laid with well-seasoned oak plank, 14 inches thick, and square jointed, with wash-boards all around each.

the hall, tobe made "pt the same thickness with the other transoms. All the doors and windows to have stone caps and sills, the door-sills. of proper width. The door leading from the halls to the offices, to be made with two long panels of the same thickness. om

"Oth. Sufficient flight of stairs leading to the second story, with a a ramp and FE hand-railing. [10th and 4th joined in the 4th, including an addition by the board. | :

"11th. The sash to be made of good pine, twelve lights to the window, of 10x14 glass panes, to be well sprigged and puttied into the sash. otherwise as stated in paragraph 4].

"13th. The whole woodwork to have three good coats of gin paint, and the walls two coats of red, and penciled white, the red to be equal parts of Venetian red and red-lead.

"14th. All the work, and any and everything a pertaining to such a building, and herein omitted to be particularly specified, to be done in a, good fitting and workmanlike manner, to the acceptance of the super cieameak acting under the supervision of the Board of County Commissioners of said county.

"16th. The contractor will be required to. give good ree for. the performance of the said work and building, within the time and in accordance with the foregoing specifications.

his pay as follows, to wit: $500 when the house is under roof; $500 when - all the doors and windows are in, and all the carpenter work done; all the remainder when said building is finally completed and accepted by the board, at the time above specified for the completion of said should it be completed. tions, after being inspected by the board, and the same enlarged, amended and corrected, was agreed upon and accepted by the board, And, the board being satisfied by the County persons having presented their proposals, which were examined most carefully, in pursuance of said notice, and the merit of each con was found the following, to wit:

July 1, 1848. Proposals for building the county offices of Delaware County. The undersigned propose to build the house and finish it according to specifications exhibited, for the annexed sum:

62 perch of stone in the wall, at $3.25.......cesseseeeseereeees $ 139 50 = 11,000 bricks in the wall, at B7.50.........s00 seesesenseseeneneeeens 825 00 2.600: feet of joists, at 240..:.......acesereaedoove skp wasseenencamaana 65 00 46 feet Girders.........cceseeee coecccecscceresarecveeceuesecseneeuss 1 84 1,000 feet of rafters, at 14-C....ccscereceeereseeeceeseesecersneeeceees 12 50 1,500 feet sheeting, at 62C.........cccsceceeceeeereseecesceaeeeseoeens Og 11,500 shingles, at $2.50.......scscccessscscecereessesceseeovossasenas 28 75 350 feet studding to support rafters...........:..essereeeee. oes 3 50 2,400 feet oak flooring, at 136.......0...seeeceeseees oe Suthaeemetiten 36 00 Laying the floors...........scssscssecsescescevescecccscuscercessssaseascens 37 00 Putting on the roof............sececessesecessescesacsvosnnusevenes yore 20 00 Framing joists and rafters.........ccceceseeeeseeesenenseeeseecessceees 15 00 22 windows (pine sash) lumber and work..........+..ssesevereeees 88 00 Sash and glass, and glazing and Springs......... .-ssereceeseesswens 60 00 Front door, side lights and transoms made of pine lumber.... 15 00

Ordered: By the board that James L. Russey, John Jack and Jacob 11. Wysor, their heirs and assigns, have privilege of building, at their own expense, a basement-story to the county offices now under contract * * ~* and to have full, free use of same, with right of ingress and egress on the north end to the same, for the term of fifty years, for and in consideration of the sum of $100, to be paid in annual installments of $5 each year in advance: fifty years to be computed from lst Monday in June, 1849 * * * no nuisance to be maintained, no liquors to be sold on the premises, except beer or cider, either for purposes of sickness or medicine.

From all that appears in the record to the contrary, those contracts were fully carried out, the building completed in accordance with the contract, and at the stipulated price.

The court house and the county officers' building occupy positions on the public square, the latter building immediately north of the former, both answering the purposes for which they were constructed; yet, in appearance, they are somewhat antiquated, and illy comport with the magnificent architecture of the present day everywhere manifest in 'the edifices of the city.

Early Jails

Shortly after the organization of the county, when the courts first began to be held here, the state of society demanded that a place of confinement be constructed for the safe keeping of violators of the law. The first building for this purpose was erected some time in the year 1S28, because early in 1829 the grand jury declared against its safety and efficiency, inducing improvements which were subsequently made. All these, however, proved ineffectual, and a few years later, a structure somewhat more modern was projected, which in its day did service in temporarily restraining refractory characters and persistent violators of thelaw. These edifices, having subserved the purposes of justice for a time, were abandoned.

The New Jail

As early as 1856, public attention began to be drawn to the fact that a new jail structure would, in the near future, be required, because of the unsafe condition of the old one, and its total want of adaptedness to the requirements of the times. Hence, the question elicited a due amount of consideration touching the plan, cost of construction, and, when it should be erected. At the September session, 1555, therefore, it was ordered that the board repair to Winchester, Randolph County, on the 6th of October following, for the purpose of examining the new county jail at that place, "in order to assist them in preparing plans, and for the building of a new county jail in Muncie." In contemplation of the outlay incident to the construction of said new building, the board, at the December session, 1858, made the following order in the premises: "It appearing to the board that it is necessary to construct a new jail for the use of the county, and that the revenue afforded by reasonable taxation is insufficient to pay for the same, in addition to the ordinary expenses of the administration of the county business, it is, therefore, ordered by the Board of Commissioners of the county of Delaware, in the State of Indiana, that there be borrowed by said board the sum of $3,000, and that for that purpose there be issued bonds of the county, according to law, as follows, to wit: Fifteen bonds of $100 each; twenty bonds of $50 each, and twenty bonds of $25 each, being in all for the sum of $3,000; that each and all of said bonds shall be payable by their terms at the office of the treasurer of said county of Delaware, in Muncie, with 6 per cent interest per annum from date, due on or before the Ist day of April, 1860. It is further ordered by the board, that said bonds-be numbered respectively, commencing with No. 1 and ending with No. 55," and the Auditor was ordered to discount the same at not more than 8 per cent.

At the same term, the board further ''Ordered, That Thomas 8. Neely be appointed to prepare proper plans, etc., for the new county jail and Sheriff's residence, and superintend the building of the same;-also, that he prepare the necessary papers for contract with Macy, Rankin & Co., of Cincinnati, for the construction of the iron part of said jail, as per specifications on file in the Auditor's office; also, that he give notice, by publication in the Muncie Free Press, for sealed proposals to be received for the erection of said jail." Afterward, a special session was held on the 5th day of February, 1859; the board received and considered the following proposals, filed pursuant to notice:

The board compared and examined said several propositions, awarded the contract to Messrs. Benedict, Feather & Reeder, at their bid of $4,- 467, letting the iron-work to Macy, Rankin & Co., as follows:

"We hereby agree to build, and deliver in Muncie, Ind., and put up complete after its delivery there, all the iron-work for the jail about to be erected there, as described in the plans and specifications submitted by us to the Commissioners, which plans and specifications are made a part of this contract, for the sum of $4,780 * * * *"

For the Sheriff's residence, to be erected in connection with the jail, this plan was determined upon: "The main building is to be 47 feet in front and 33 feet deep, on outside of brickwork, with an addition in the rear of building of 19 feet 6 inches by 26 feet and 6 inches on outside of brickwork."

Atthe following March session, 1859, the board purchased of Luther B. Willson, for the sum of $500, Lots numbered 2 and 3 in Block 8, Gilbert's [addition] donation to the town of Muncie, for the purpose of locating thereon the new jail. . Willson executed a deed, and the board thereupon ordered the payment of $300, and directed that a warrant issue on the Treasurer of Delaware County, payable in one year. The following statement of the account for iron-work for the new jail, as

Bill And Receipts For Iron-Work On Jail

At the next December session, 1859, the following settlement account with the contractors for the new jail was filed with the board, to wit :

Circuit Court

ORGANIZATION - FIRst OFFICERS - FIRST GRAND JURY - PROSECUTING ATTORNEY - First ATTORNEY ADMITTED - ASSOCIATE JUDGES' FIRST PROCEEDINGS - SECOND TERM - THIRD TERM - ATTORNEYS ADMITTED - SUCCEEDING SESSIONS - PETIT JURIES - CASES OF CONTEMPT - FIRST INDICTMENTS - JAIL Bounps - CouRT-RoOMS - GRAND JURORS AT LATER TERMS - EARLY M&EMBERS OF THE BAR - FIRST SESSION IN Court HousE - INDICTMENTS FOR SELLING WHISKY TO AN INDIAN - CrrcuiT COURT SEAL ADOPTED - DESCRIPTION - OTHER CouRT PRo- CEEDINGS.

THE first term of the Delaware Circuit Court met at the house of Goldsmith C. Gilbert, pursuant to the provisions of that part of the organic act which prescribes that the sessions of the Board of Justices be held there, on Monday, the 19th of May, A. D., 1828; Present, Hon.

the courts. The record then disclosed the following: " Peter Nolin, Sheriff of Delaware County, now returns into court the venira juriis, heretofore to him directed, with the following panel of grand jurors, to serve during the present term of this court, to wit: Lemuel G. Jackson, who is appointed foreman of the grand jury, and summoned as such, and Joseph Thornburg, Jonathan Beason, John Wardwick, William Stewart, Richard Thornburg, Henry Mosburgh, Jonathan Bentley, John Stewart, Jonathan Mills, William Bathman, Robert Gibson, Lewis Van Sicle, Thomas Thornburgh, Joel J. Spencer and Samuel McCulloch, who, being sworn and charged, retired to their room to deliberate, attended by Joel Vestal, who is sworn as their bailiff."

" William Blount was appointed Guardian for William Blount J ones, son of Mary Jones, daughter of said William Blount. The penalty of the bond was $300 - David Bragg was security." .

" John Rees and Lewis Rees were each allowed $2 for one day's service as Associate Judges. Joab Vestal was allowed $1 for service as Constable, waiting on Grand Jury, this term."

" James Rariden was admitted as an Attorney. Septimus Smith was allowed $5 for acting as Prosecuting Attorney, pro tem., during the present term."

The first indictment retur ead by the Grand Jury of the Delagies Gireuit Court was at this first term, and against John Downing for assault and battery. The prisoner being arraigned before the bar of Justice on the charge aforesaid, and required to answer thereto, for plea said he was guilty, as charged, whereupon the Court assessed against him a fine of $1. "After which the court adjourned to court in course."

November, 1828, at which time, the President Judge being absent and but one of the Associates, John Rees, being present, court was adjourned until Tuesday morning, the 18th, when, none of the Judges appearing, Peter Nolin, the Sheriff, adjourned court until Wednesday morning, November 19. All the Judges being still absent, the Sheriff, in pursuance of law, declared the Delaware Circuit Court adjourned until court in course.

The third term opened more auspiciously. It convened on Monday, May 18, 1829, with the following officers present: Hon. Miles C. Eggleston, President Judge; John Rees and Lewis Rees, Associate Judges; William Van Mater, Clerk; and Peter Nolin, Sheriff. On proclamation being made that Delaware Circuit Court was opened and ready for business, Martin M. Ray, Calvin Fletcher, Hiram Brown and Oliver H. Smith, being also present, were, on proper motion, admitted as attorneys and counselors at law, at the bar of this court, and, by order of the Judge, duly sworn and enrolled as such, as appears upon the records of said court remaining. Martin M. Ray then produced his commission as the Prosecuting Attorney for the Third Judicial Cireuit of the State of Indiana - in which circuit Delaware County was then situated - which was then engrossed and the necessay oath adminisered, when he entered upon the discharge of his duties.

The first case for trial at this term, was the '' State of Indiana ys. James Liston, for assault and battery.". The accused was arraigned before 'the Court on said charge and pleaded "not guilty " thereto; whereupon, the following jury was impaneled to try the same, to wit: Aquilla West, William Wise, J ohn G. Deeds, William Powers, David Lott, Job Garner, William Blount, Jacob Branson, James. Adamson, Thomas Crawford, Robert Gibson and Thomas Dewitt. The jury was then sworn, and, having heard the testimony, were charged by the Court. They then retired, and, after due deliberation, returned into court their verdict, that said defendant was not guilty. This appears to have been the first cause submitted to a Cireuit Court jury in Delaware County.

During this term of court, the Prosecuting Attorney had one of the orand jurors, James Jackson, arraigned for being intoxicated and for disturbing the deliberations of Court. 'Testimony was introduced to sustain the allegation; and the Court, then, being sufficiently advised in the premises, found him guilty, as charged, and assessed a fine of $10

Another incident of the term was, the Sheriff, Peter Nolin, was fined &1 for failing to keep back the by-standers during the progress of an important trial, as he had been ordered to do by the Court. This fine, however, was subsequently remitted. A case of contempt was entered at the same term against Thomas Crawford, one of the regular panel of Traverse Jurors, for being intoxicated and thus appearing in court. He was fined $5 for his temerity.. Served him right.

Among the numerous bills of indictment returned at the May term, | that he had examined the Clerk's office, records, ete., and found the 1829 - some of the proceedings of which have just been noted - there | records well kept, and written in a "reasonably good hand." The were two for affrays; two for selling whisky without license; one for | complete records, however, still want the attestation and official signatrespass and one for betting on a horse-tace. Thus was the dignity of | ture to make them authentic. courts and the law maintained. Incident to this maintenance of the The April term, 1832, of the Circuit Court, was held in the court law's supremacy, the Court, at the same time, established the following | house, and appears to have been the first one held in the building conprison or " jail bounds," to wit: | structed for that purpose. At the same term, William J. Brown, after

"Beginning ata stake, bearing north 37° 30' west of the center of | ward Secretary of State, was admitted to practice law in this court. At the jail, and distant therefrom 109 poles; thence, south 84° 30' east, | the term following, Samuel W. Parker and John W. Alley were also 154 poles, to a dogwood sapling; thence, south 85° 30° west, 154 poles, | admitted as attorneys. to a stake; thence, north, 84? 30° west, 154 poles, to a hickory sapling; The grand jury, at the April term, 1833, found a bill of indictment thence, north 5° 30' east, 154 poles, to the beginning." The admission | against Samuel C. Walton, for retailing spirituous liquors to an Indian, of a prisoner to the privileges of the jail bounds were simply equiva- | in violation of law. The defendant's counsel moved the court to quash lent to the enlargement of prison limits and was among the first steps the indictment, but, after argument, the court, being sufficiently advised, toward the abolition of "imprisonment for debt " - -one of the relies of | overruled the motion. Upon the motion being overruled by the court, barbarism that remained on our statute books until more than the first | the defendant pleaded guilty to the charge, and was fined $5 as the penthird of the nineteenth century had passed. Subsequent legislative wis- alty. Security being given for the payment of this fine and the costs, dom made the prison limits co-extensive with the boundaries of the | he was discharged from custody. James O'Neil, Barney DeWitt and county. Finally, the law imprisoning individuals for this class of offenses Samuel Walton were indicted fora like offense at the next October was abolished altogether. term, and, upon trial, were respectively fined $5 as a penalty for the

At the July session of the Board of Commissioners for Delaware violation. Timothy Stewart, indicted for manslaughter, was arraigned County, the following' names were drawn for grand and petit jurors and. tried on that charge, but the jury found him not guilty, - he for the October term, 1830, and for the March term, 1831, to wit: was accordingly discharged from custody.

- Grand jurors for October term, 1830 - Parker Truitt, William Prick- At the April term, 1834, Andrew Kennedy, Jehu G. Elliott and ett, Richard Thornburgh, Samuel Andrews, John Benbow, Charles Red- Cyrus F. Dempsey were admitted as attorneys at this bar, and were path, David Rowe, Jonathan Berry, Aaron Elliott, Benjamin Drummond, | sworn as such. Among other proceedings at this term, the Court Joseph Bennett, Amaziah Beeson, John L. A. Dalman, Riley Marshall, devised and adopted a seal for the attestation of official papers. The Rezin Malott, William Hardwick, John Ginn, Thomas Littler. following is the record made in the premises: 'The Court now here

Grand jurors for March term, 1831 - Jabez Moore, John G. Deeds, | devise a seal for this 'Court, and adopt the same by the following Sr., Peter Simmons, Benjamin Berry, James Adamson, Michael Ban- | description, to wit: The said device on the seal is an ox, standing on ning, Norman Lamphire, Jesse Adamson, J ohn Russell, John Leonax, | his feet, and in the margin of said seal, encircling the ox, are the words Solomon Bowers, John Hayes, Israel Shoemaker, Aquilla West, Stephen | following, to wit: 'Circuit Court, Delaware County, Indiana,' engraved Burnett, William Casteel, Ruel Ragan, William Eply. so as to make a permanent impression. A copy of this seal is stamped

Petit jurors for October term, 1830 - William Downing, Owen Rus- | upon the margin of this record." [Order Book No. 1, page 189.] sell, Henry Taylor, David Brown, William Gilbert, Thomas Mason, This completes our review of the organization and early proceedings John Purdue, John Newland, Garrett Gibson, Enoch Nation, Absalom | of the Delaware Cireuit Court, with a large number of the leading Edward, Isaac Elliott, Sherrod Brock, Robert Goble, Asahel Thorn- | attorneys admitted to practice therein during that period. A complete burgh, Lewis Moor, John Trimble, William Fitzpatrick, Job Swain, | roll of these, with others subsequently admitted, will be found in the Martin Hower, Joshua Small, David Conner, Samuel Bell, Joseph | order of their priority, in the chapter appropriated to the "Muncie Reeves. Bar."

Irs ORGANIZATIUN - PROCEEDINGS OF THE First TERM - THE JUDGES - PROCEEDINGS OF THE SECOND AND SUBSEQUENT TERMS - AN ABSTRACT OF THE BusINESS AT THOSE TERMS - NAMES OF EARLY JUDGES - COMMON PLEAS THE SUCCESSOR OF THE PROBATE COURT - ITs CAREER AND SUPERSEDURE BY THE CIRCUIT COURT, ETC. ROM the date of the organization of Delaware County, and the subsequent establishment of the Cireuit Court therein, the Probate

" March Term, 1830. Be it remembered, that, at a calléd session of the Probate Court, begun and held at Muncietown, on Tuesday, the 30th-day of March, in the county of Delaware, before the Honorables John Reésand Lewis Rees, Associate Judges of the Delaware Circuit Court, and, 4s such, Judges of the Probate Court of said county.

At the same term, the grand jury, having examined the county jail, as was made their duty by law, reported its condition as follows, to wit:

"We, the Grand Jury of Delaware County, being impaneled and sworn, have viewed the jail of said county, and find it in decent order, but we consider it insufficient as to locks and staples. "

David Kilgore and Thomas C. Anthony were admitted as attorneys at the following term, at which term, also, the grand jury again directed its attention to the condition of the county jail, and reported its insufficiency, when the Court, on motion, summoned the Board of Commissioners to appear, and show why said jail should not be put in good repair. At the same term, the Commissioners, in obedience to that summons, made report and were discharged; but a subsequent examination made by the grand jury indicated the continued inefliciency of the jail, but otherwise its good condition.

Samuel C. Sample was admitted, also, to practice law in this court, at said term, and Charles H. Test made report, which was caused to be spread upon the records of the court at that and the previous term;

Circuit Court, and, as such, Judges of the Delaware Probate Court, were present. Said court met according to an act of the General Assembly, but did not go into business, for want of the Sheriff.

"Friday morning, November 5, 1830. Court met and proceeded to business." The first business was granting Letters of Administration to Hugh Murphy, on the goods and chattels of James Murphy, deceased.

The next case called was in the nature of a motion by Isaac Branson to be allowed six months from that date in which to settle the estate of Nathan Branson, deceased, of which he was administrator. The court, having heard the motion, and being satisfied of the propriety of the same, granted said administrator the time asked for. Whereupon the court adjourned until court in course.

On the 10th of November, 1534, John Tomlinson presented his commission from the Governor of the State of Indiana, and took his seat as the Probate Judge of Delaware County, having taken the oath prescribed by law. Prior to this date, the Associate Judges of the Cir. cuit Court occupied the position of Judges of the Probate Court of said. county, in accordance with the provisions of law, in order, as follows:

John Rees and Lewis Rees, from March, 1830, to November, 1830. Samuel McCulloch and John Tomlinson, from November, 1830, to November, 1834, when a Probate Judge was elected and exercised exclusive jurisdiction over the Probate business of the county. Fora period of eighteen years following this date, the Probate business of Delaware County was transacted in the Probate Court as a separate jurisdiction. Upon the incoming of the new order of things, under the Constitution of 1552, the Probate Court was superseded by the Court of Common Pleas, in the management of Probate business, having, also, civil jurisdiction.

The Judges of the Common Pleas were elected by several counties termed a district, and served during a term of four years, being restricted ia the tenure of office to the service of not more than eight years in any period oftwelve. Finally, the Probate business having been under the jurisdiction of the Court of Cominon Pleas for twenty years, by the act of the Legislature of 1873, the Common Pleas Court was abrogated, and the Probate jurisdiction transferred to the Circuit Court, where it stillremains. During the existence of the old Probate Court, the position was held in this county by John Tomlinson for several years from his induction into office in 1834. His successor was Enoch Nation, who continued to hold the place until the final abolition of the court, at the taking effect of the present State Constitution, under which the, Common Pleas system was inaugurated.

From 18538, the Judges were W. Marsh, J. M. Haynes and J. J. Cheeney, who held the office in the order of their names, two of them occupying the bench during two terms each, and one of them but asingle term. At the time the Common Pleas system was abolished, Judge Cheeney was in office. Since the transfer *of Probate jurisdiction to the Cireuit Court, the J udges transact the business with greater dispatch than courts have done heretofore.

Asylum For The Poor Of Maintenance, Etc

OF MAINTENANCE, ETC. AS important element in the local economy of every community, and one of the distinctive features of our civilization, is the measure of charity extended in providing for and maintaining the poor and indigent, relieving the distresses and attending to the necessities of those unable or incompetent to take care of themselves. Public policy demands that ample provision be made by the people's representatives in every locality, to secure this branch of society against want, by an economic distribution of the common surplus of home products. The history of this community, in common with that of every other, especially in the great Northwest, shows that active, living charity is an integral quantity in our body politic, a prime factor in the moveménts of the people, everywhere. As a means to this end, provision is made by the law-making power of the State for the exercise of a liberal charity toward all who are entitled to be is od ents of public benefactions.

Among the first provisions made by law, for alleviating the ject, of the poor, was in directing the appointment of "Overseers of the Poor," whose duty it was to hear and examine into the nature of all | complaints in behalf of the poor, in each civil township of the county, and see that their wants were sufficiently provided for; that such

It was also made the duty of these overseers, to keep a record, in which should be transcribed the names of all persons in their respective townships, who were unable to take care of themselves, and who, in their opinion, were entitled to the benefits so provided for the maintenance of those unfortunates. A further provision made it necessary for them to put out as apprentices, all poor children whose parents were dead, or were found to be unable to maintain them, males until the age of twenty-one, and females until the age of eighteen years. The general provision governing the duties of such overseers is as follows: eae

"Tt shall be the duty of the Overseers of the Poor, every year, . cause all poor persons who have or shall become a public charge, to be farmed out, on contracts to be made, on the first Monday in May, annually, in such manner as the said overseers of the poor shall deem best calculated to promote the public good. Provided, nothing herein contained shall prohibit any Overseers of the Poor from receiving and accepting propositions at any time, for the keeping of such poor and others, who may at any time thereafter become a county charge: Provided, however, that the Board of County Commissioners of the 'several counties in this State, may, in their discretion, allow and pay to poor persons who may become chargeable as paupers, who are of mature years and sound mind, and who, from their general character, will probably be benefited thereby, such annual allowance as will be equal to the charge of their maintenance, by 'employing the lowest bidder to keep them; the said Commissioners taking the usual amount of charges in like cases, as the rule in making such allowance: Provided ; however, that the Overseers of the Poor, in no ease, shall. farm out any pauper under the age of twenty-one years, if a male, or, if a female, under the age of eighteen years, if such overseer of the poe' can oud sibly bind out as apprentices any such paupers." }

For the purposes contemplated in the foregoing act, such overseers of the poor for the several townships, were made, in name and in facet, bodies corporate and politic in law, to all intents and purposes with perpetual succession, liable, by the name of "The Overseers of the Poor," of their respective townships, to "sue and be sued, plead and be impleaded, in ail courts of jurisdiction, and by that name * * * purchase, take or receive any lands, tenements or hereditaments, goods, chattels, sum or sums of money, to or for the use of the poor of their respective townships, of the gift, alleviation or devise of any person or persons whomsoever; to hold to them, the said Overseers and their successors, in trust, for the use of the poor forever."

The Legislature, in the enactment of this law, had in contemplation in the near future, the erection of proper buildings, such as the County Commissioners might prescribe, to be used as an asylum for the poor who might become permanent charges, as paupers, on the county.

During the early years of the county's history, but little progress toward the development of a more practical method of providing for the wants of the poor and indigent of the jurisdiction, appears to have been made by the local legislative authority. In the course of time, however, advance steps were taken, the results of which became manifest in the improved condition of the recipients.

The first mention we have in the records of the county of any proceedings had indicating a definite purpose to establish an asylum or infirmary for the protection and maintenance of the unfortunate and needy, appears at the February session, 1851, of the Board of County Commissioners, when it was " Ordered, That a notice be publishes in red

Whig Banner, "that all persons desirous of selling land for a poor-farm of Delaware Contig, to contain 130 to 200 acres, may hand to the board at their next June session, on the first day thereof, sealed proposals containing a full deseription of the land, price and terms of payment - must be not less than one nor more than five miles from Muncie." Pursuant to that notice, at the June session, the board having received, examined humerous proposals of the character prescribed, and, of the several tracts of real estate referred to, finally accepted the proposal and site of Enoch Hagenbuck, with this change anid condition: $1,200 to be paid on January 1, 1852, and the balance one year after, all without interest, the vendor surrendering possession to the county, on the 15th of September following. At the session in August, 1851, it was " Resolved, that the contract between Enoch Hagenbuck and the Auditor, for the purchase of a poor-farm, be confirmed, the contract being as follows, to wit: First payment, one order for $600; one for $550, and one for $500, payable January 1, 1852; second payment, one order for $800, payable June 1, 1853." In December, 1851, a special session was had, when the board, in consideration of the premises and the purchase aforesaid, appointed Samuel D. Andrews Superintendent of the Poor Farm, at a salary of $230 per annum, and appointed, also, Samuel V. Jump Physician, with instructions to make visits regularly, once every two weeks, and also when called, at a salary of $50 per annum. At the June session, 1852, Mr. Andrews, the Superintendent, filed his first annual report. Under a subsequent arrangement, the farm was leased on the terms that the lessee should pay a stipulated sum for the use of the premises and take charge of and provide for the wants of such persons as were placed under his care, at a fixed rate per capita.

Enoch Allbright, for a term of three years, the latter agreeing to pay $180 per annum, and to feed, clothe and take care of persons sent there at the rate of $114 per annum, per head, on the farm; except children, for which $1 per week would be allowed, and at the same rates for all others so sent there.

The management of the Poor Farm was conducted, during the years succeeding, in much the same manner as in the years preceding. At the December term, 1859, the Commissioners directed the Auditor to give notice, by publication in the Delaware County Free Press, that sealed proposals would be received until February 4, 1860, for leasing the Poor- Farm for the year succeeding. This method prevailed for several years subsequently, for the selection of persons to take charge of the farm, provide quarters and furnish subsistence for the poor of the county sent there, pursuant to the provisions of law, as an asylum where they might, for a small pecuniary consideration, be supplied with the necessaries of life and shielded from the ineclemencies of weather, and otherwise treated according to the dictates of a common humanity.

From June 1, 1877, to June 1, 1878, the revenue derived from the surplus products of the farm, amounted to the sum of $229.95, while the expenditures for the maintenance of the same were $3,437.76. The expenses of this department for the year 1879, amounted to $1,924.73. For the year 1880, the expenses of the Poor-Farm, as shown by the report of the Auditor submitted to the Board of Commissioners at the close of that fiscal year, were $2,452.48. In addition to this sum, there was erick out in aid of the poor, during the past year, $5,992.28.

School Funds

ORIGIN OF THE DIFFERENT FUNDS - CONGRESSIONAL FUND - COMMON SCHOOL FUND - ACCUMULATIONS, INVESTMENTS, DISPOSITION OF PROCEEDS OF VARIOUS FUNDS - AMOUNTS PAID FOR TUITION AND FOR BUILDING PURPOSES, APPARATUS, ETC. ¥7 HE various funds, of which the proceeds have been and are used 'for the maintenance and utilization of our present excellent school first steps toward solving the problem of self-government, and the territory northwest of the Ohio River was beginning to assume prominence, the Congress of the Confederation, by ordinance dated May 20, 1785, in prescribing the mode for disposing of lands within those limits, inserted the following: '"' There shall be reserved the Lot No. 16 of every township, for the maintenance of public schools within the said township; also one-third part of all gold, silver, lead and copper mines, to be sold or otherwise disposed of as Congress shall hereafter direct."

This purpose was further defined by the same authority, in Article 3 of the "ordinance for the government of the territory of the United States northwest of the River Ohio," dated July 13, 1787, as follows: "Religion, morality and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." 'These provisions extended to the entire territory, and were incorporated as a part of the organic law of the several States into which that vast area was afterward carved. Indiana was the second of the States so carved out, and the Congress of the United States, in the first of a series of propositions embodied in Section 6 of the 'Act to enable the people of the Indiana Territory to form a constitution and State government, and for the admission of such State into the Union, on equal footing with the original States,' approved April 19, 1816, submitted the following 'to the convention of the said Territory of Indiana, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States.'

'"'First - That the section numbered sixteen, in every township, and when such section has been sold, granted or disposed of, other lands, equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such township for the use of schools."

The people of Indiana Territory, having met in general convention, pursuant to the aforesaid act, and framed a constitution entitling them to admission into the Union on the same terms as original States, by ordinance dated June 29, 1816, for themselves and their posterity, agreed, determined, declared and ordained that they would and did thereby "accept the propositions of the Congress of the United States, as made and contained in their act of the 19th of April, 1816, * * * * * that this ordinance and every part thereof, should forever be and remain irrevocable and inviolate, without the consent of the United States, in Congress assembled, first had and obtained for the alteration thereof or any part thereof." In the Constitution so framed, Article IX, Sections 1 and 2, tue provisions cited, and others, were guaranteed to the people of the State of Indiana, as follows:

"Szotrton 1. Knowledge and learning generally diffused through a community, being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country being highly conducive to this end, it shall be the duty of the General Assembly, to provide by law for the improvement of such lands as are, or hereafter may be, granted by the United States to this State, for the use of schools, and to apply any funds which may be raised from such lands, or from any other quarter to the accomplishment of the grand object for which they are or may be intended. But no lands granted for the use of schools or seminaries of learning, shall be sold by authority of this State, prior to the year 1820; and the moneys which may be raised out of the sale of any such lands, or otherwise obtained for the purposes aforesaid, shall be and remain a fund for the exclusive purpose of promoting the interest such laws as shall be calculated to encourage intellectual, scientifical and agricultural improvement, by allowing rewards and immunities for the promotion and improvement of arts, science, commerce, manufactures and natural history, and to countenance and encourage the principles of humanity, industry and morality." : "Src. 2. It shall be the duty of the General Assembly, as soon as circumstances will permit; to provide by law for a general system of education, ascending in a regular gradation from township schools to a State university, wherein tuition shall be gratis, and equally open to all."

Section 3 also provides that, "for the promotion of such salutary end, the money which shall be paid as an equivalent by persons exempt from military duty, except in times of war, shall be exclusively, and in equal proportion, applied to the support of county seminaries; also, all fines assessed for any breach of the penal laws, shall be applied to said seminaries, in the counties wherein they shall be assessed." Section 9, too, makes a further provision for the creation of a fund which has subsequently become an integral part of our present common-school fund. This provision prescribed that, at any time when the legislature should lay off a new county, "at least ten per centum [should] be reserved out of the proceeds of the sale of town lots in the seat of justice of such county, and at the same session, * * * incorporate a library company, under such rules and regulations as [would] best secure its permanence and extend its benefits."

The first step taken by the Legislature toward the utilization of the 16th section in each Congressional township, was in an act passed at the first regular session, and approved December 14, 1516. Under the provisions of this act, superintendents of such sections, termed - 'school sections,' in the several townships, were appointed with authority to lease such lands for a term of time not exceeding seven years, the lessee being required to set out, each year, twenty-five apple trees and twentyfive peach trees, until one hundred of each had been planted. By this means, these lands were kept in a condition which would command a better price when offered for sale, since the State had not the authority to sell the same prior to the year 1820, and appropriate the moneys arising therefrom to their legitimate purpose.

At the session of 1820-21, by an act approved January 9, 1821, the General - - Assembly appointed John Badollet, David Hart, William W. Martin, James Welch, Daniel I. Caswell, Thomas C. Searle and John 'Todd, a committee to draft and report to the next Legislature a bill providing for a general system of education, with instructions to guard particularly against "'any distinction between the rich and the poor." The work of this committee resulted in the preparation and arrangement of the first general school-law in the State, which was entitled: "An Act incorporating Congressional Townships, and providing for Public Schools therein," and approved January 31, 1824. The first provision of that law required "that the inhabitants of each Congressional township, being either freeholders or householders, at the notice given by any three of such inhabitants set up for twenty days, at three of the most public places in such townships, shall meet at the section reserved by Congress for the use of schools, or at some place convenient thereto; and, should twenty of such inhabitants be present, they should elect three trustees, freeholders, which election being properly certified and filed in the Clerk's office of the proper county, such inhabitants would become "a body corporate and politic, under the name and style of township school, No. - , Range - ," according to the number of such townships and ranges, subject to rules and regulations thereafter prescribed. By the provisions of Section 3, of that act, "the lands reserved by Congress for the use of schools, in each Congressional Township [should], be vested in the corporation thereof, and such corporation, through and by their said trustees [might], dispose of all such lands, gifts or donations, made or reserved for the use of township schools, in such manner as [might] seem most conducive to the best interests thereof; except that no sale of the fee simple of any such reserved lands [should] be made, nor * * * any lease thereof be given or granted upon any other condition than that of forfeiture by the lessee, upon his failing for one whole year to perform the conditions of such lease, or any part thereof."

The fifth section of said act provided, also, that the trustees aforesaid should, within one month of their election, divide their respective townships into such number of districts as would best accommodate the inhabitants thereof, defining the same by boundaries. Upon the formation of the districts, it was also made the duty of the trustees to appoint for each of said districts three sub-trustees or directors, who should have charge of the immediate affairs of such districts and the schools therein. The duties of these sub-trustees, or directors, were, a meeting of all the inhabitants, freeholders and householders, within ten days after their appointment, who should express by written ballots length of time. An expression of the majority of such inhabitants being had in favor of supporting a school, it was next made the duty of such inhabitants to determine upon a suitable site for a schoolhouse, as near the center of the district as practicable. When such site had been so agreed upon and fixed, the directors were required to appoint atime for the inhabitants of the district ''to meet and commence the building of a suitable schoolhouse for the accommodation of as many pupils as [would] probably attend such school; said house to be built of brick, stone, hewn timber or frame, according as a majority of such inhabitants [might] agree upon, the building and completion of which [being] superintended, and conducted by such sub-trustees." In the construction of such schoolhouse, '"'every able-bodied male: person of the age of twenty-one years and upward, being a freeholder or householder * * * within the bounds of such * * * district [was] liable equally to work one day in each week, until such building |should| be completed, or pay the sum of 374 cents for every day he [might] so fail to work.' Such schoolhouses were required to be "eight feet between floors, and at least one foot from the surface of the ground tothe first floor, and finished in a manner calculated to render comfortable the teacher and pupils; with a suitable number of seats, tables, lights, and every other thing necessary for the cenvenience of such school; which [should] be forever open for the education of all children within the district, without distinction."

The various minor funds of which our present magnificent commonschool fund is composed, are divided, for the sake of distinction, into the productive, the contingent and the non-productive. The first class is composed of the following separate funds, to wit: ae

This fund occupies the first position, because it was primarily the fund first set apart by the pioneer fathers for the exclusive use of succeeding generations as an efficient aid in forwarding the educational processes of the future. It will be remembered, that, in the act of Congress enabling the people of the Territory to construct a State, the ordinance provided that the proceeds of the 16th Section of every Consressional township should be dedicated to the purposes of education for the benefit of children, residing within such township. This fund was therefore called the '"' Congressional Township Fund." At the date of the last report, in June, 1878, the aggregate of this fund was bs a to be $2,453,106.73, an increase of $169.91 in one year. Be oe

Another clause in the enabling act before referred to, provides 1 that all salt springs in the Territory and the land reserved for the use of the same, should be granted to the State for the use of the people of the State on such terms as the Legislature should prescribe. The Legislature subsequently enacted that the proceeds of these reservations, likewise, should become a part of the school fund of the State. These lands sold for the aggregate sum of about $85,000, which has, since that time, been at interest, yielding a respectable portion of our annual income.

Surplus Revenue Fund

remaining in the treasury, after the payment of the National debt created during the Revolutionary war and the purchase of the Louisiana Territory, was distributed among the several States according to the ratio of their representation in Congress. The portion set apart to the State of Indiana, was $860,254. By act of the Legislature, approved February 6, 1837, $573,502.96 of this sum was set apart as a permanent branch of the public-school fund of the State. This money, according to the conditions of the distribution, is liable to be returned again into the National Treasury; yet, more than forty-four years have elapsed since the distribution, and no part of it has been or is likely to be called me ony the General Government,

Bank-Tax Fund

Section 15, of the charter granted to the State Bank of Indiana in 1834, provided that there should be deducted from the dividends and retained in the bank each year, the sum of 124 cents on each share of stock, other than that held by the State, which should constitute part of the permanent fund to be devoted to the purpose of common-school education under the direction of the General Assembly, and suffered to remain in bank and accumulate until the Legislature should so appropriate it. The aggregate of the fund derived from that source amounted to the sum of about $80,000, which is now bearing interest and forms an important element of the permanent school fund of the Staté.

Sinking Fund

The stock of the State Bank above referred to was in part owned by the State, and a part by individuals. To pay her subscription, the State borrowed the sum of $1,300,000; to pay, also, by loans to them, the stock of individuals. The balance remaining after the appropriation to these purposes, together with the principal, interest and dividends of so much as was loaned to these individual stockholders, was appropriated to the creation of a sinking fund, to meet the contingent indebtedness of the bank; hence, the name of this branch of the permanent fund. When the charter of the bank had expired, which was at the end of twenty-five years, and all the liabilities of the bank were fully liquidated and canceled, the residue so remaining was transferred to the common-school fund of the State, and amounted in the aggregate to the sum of $4,767,805.89. The sum of these several funds amounted to $7,- 787,305.54. This is the total of the productive or interest-bearing fund, other than the amounts derived from sale of the county seminaries of the State, and all the property, real and personal, belonging thereto, after deducting necessary expenses. _The exact amount of this latter fund does not appear. have the following:

In this class are included all fines for the violation of the penal laws of the State, assessed and collected in the process of litigation. The amount of money derived from this source is considerable, as shown by the returns of the proper officers.

All recognizances of witness and of parties indicted for the commission of penal offenses against the State, which have been forfeited because of failure to appear and testify or answer, as ordered by the courts in whose jurisdiction the cases are prosecuted, are collectible by law, and when so collected are made a part of the common-school fund of the State, and reported by the Commissioners of the proper county. The amounts so returned, make the aggregate sum of from $30,000 to $48,000 annually.

It is provided in the eleventh section of the law of descents, that "The estate of a person, dying intestate, without kindred capable of inheriting, shall escheat to the State, and shall be applied to the support of common schools, in the manner provided by law." There is now in the treasury of the State, about $20,000 liable to be appropriated to the purpose contemplated by law, whenever the period limiting its retention in the treasury shall have expired.

Swamp-Land Fund

Our present State Constitution [Article VIII, Section 2] provides that, ''All lands which have been, or may hereafter be, granted to the State, when no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of the swamp-lands, granted to the State of Indiana by the act of Congress of the 28th of September, +850, after deducting the expenses of selecting and draining the same," shall become a part of the common-school fund. In this grant, no .purpose was expressed touching the subsequent appropriation or application of these funds, and the State was at liberty to make such disposition of the same as might be deemed proper. Ac cordingly, these lands were ordered to be sold, and, after paying the

Taxes On Corporations

Another source of revenue designed to be merged into the commonschool fund, is that defined by the Constitution as "Taxes on the property of corporations," may be assessed by the Legislature for commonschool purposes. This source is said to be uncertain, since the purpose of the framers of that instrument is not well defined. However, in 1847, a charter was granted for the construction of a railroad from Indianapolis to Terre Haute. A clause contained in that charter is to this effect: "When the aggregate amount of dividends declared shall amount to the full sum invested, and 10 per cent per annum thereon, the Legislature may so regulate the tolls and freights that not more than 15 per centum per annum shall be divided on the capital employed, and the surplus profits, if any, after paying the expenses and receiving. such proportion as may be necessary for future contingencies, shall be paid over to the Treasurer of the State for the use of common schools." [Local Laws, 1847, Sec. 23, pp. 77 - -84.] This would seem to define with some degree of certainty, the conditions precedent to the appropriation of that class of funds to the purpose intended. The sum likely to be derived from this source, as soon as the necessary provision is made for its accumulation, will not be less than $1,000,000. In addition to those already enumerated, there is another source denominated from which a very considerable sum may be eventually realized in the shape of rents and profits, and proceeds of the sales of the remaining sixteenth sections yet undisposed of, the estimated value of which is about $95,000.

The different funds, being the separate sources of accumulation which combine to constitute the common-school fund of Indiana, as given above, are denominated as "a perpetual fund which may be increased but never diminished," because the proceeds only are liable to be used for the maintenance of the public schools of the State. The capital fund thus far accumulated, as shown by the report of the Superintendent of Public Instruction, for 1878, amounts to $8,974,455.55, an inerease of $47,885.21 over the preceding year. Of this fund, $2,- 616,565.61 was held by counties, $3,904,783.21 consisted of non-negotiable bonds, together making the common-school fund $6,521,348.82. This latter sum, being added to the Congressional township fund, gives the grand total as above. A like ratio of increase since 1878, would make a little less than nine and one-half millions as the capital stock of our common-school fund at this date. The capital of 1878 produced an allowance for distribution among the several counties of the State, as applicable to school purposes for the year ending June 30, 1878, in the sum of $2,967,539.12.

Ohapter 'Vei

CONGRESSIONAL SCHOOL FUNDS IN THE SEVERAL TOWNSHIPS - A GGREGATE oF CONGRESSIONAL AND OTHER FUNDS IN THE COUNTY AND THE DiIs- POSITION OF THEM - How APPROPRIATED - SOURCES OF SCHOOL REy- ENUE IN EARLY YEARS - SCHOOL FUNDS, DIVIDENDS AND DISBURSEMENTS IN 1880.

County, May 31, 1866

The following is an exhibit of the common-school fund of Delaware County, showing the source whence said fund was derived, and the amount thereof, on the Ist day of June, 1866:

~ Surplus revenue received by the county.........,.....cceseceeeseees $ 5,725 00 Bank-tax fund received by SD OOMATAL Y 5 0.535 chap de vehewesbenrsi ee © 594 80 Saline fund received by the county...............ccsccsdsvcesecssecs 520 98 Sinking fund received by the county..................ccesceceessees 4,892 72 Total penalties, forfeitures, ete., held by the county - report

The following report of the Commissioners of Delaware County to the Superintendent of Public Instruction, exhibits the present condition of the several school funds in this county. The report is for the year ending May 31, 1880:

Total amount of Congressional school funds held in trust...... $22,892 26 Total amount of school funds held in trust, as in last report.. 35,744 84

Condition Of School Funds

The total tuition revenue apportioned to Delaware County for the year ending the second Monday in June, 1878, as shown by the report of the Superintendent of Public Instruction for that year, was $18,- 663.72, The same report shows that there were then 7 659 children in the county liable to attend school, equal to a per capita dividend of nearly 2.44 at that period. During the year coe 8 June 1, 1880, $17,544.09 of school funds were expended. |

Ohapter Vil

REVIEW OF PIONEER EDUCATION AND THE FACILITIES THEREFOR - FIRST SCHOOLS AND SCHOOLHOUSES - FIrsT 'TEACHERS - SCHOOL-MASTERS AND SCHOOL FURNITURE - EVIDENCES OF IMPROVEMENT - ADVANCE MOVEMENTS AND THEIR RESULT - MODERN SCHOOLS AND THE ADVANTAGES OF THEM - MORE EFFICIENT SCHOOL OFFICERS AND TEACHERS - MoreE INTERESTED PATRONS - SCHOOL EXAMINERS AND SUPER-

County In 1827, Compared With The Jlast Or Model Schoolhouse

DUCATION in Indiana, fifty years ago, was in a very backward and unpromising condition, and the status of Delaware County in that regard was not exceptional; yet, while education was at low ebb, especially in those districts of country then recently inhabited by the red as in other localities similarly situated, to exert themselves in behalf of their children, toward the procurement of the facilities within | their reach, for mental training and development. As a rule, the early settlers of Delaware County were possessed of intelligence and enterprise in adegree which induced them to do each his share in the good work according to his means and opportunity; and few there were among these advance guards of civilization who shrank from the responsibility or weakened in the effort. Considering the date when permanent settlements began to be made in this county, the fact that a comfortable schoolhouse was erected in one of the foremost townships of the county, early in the year 1827, when these settlements were comparatively new, would seem an anomaly. The structure was a small cabin, built of logs of small size, with the fixtures and appurtenances usual in those days. complete description of this building may be found elsewhere in this volume, and a cut at the end of this article, represents an exact view of this first schoolhouse with its primitive surroundings, in contrast with which, is the model of schoolhouses of Delaware County, erected in 1879. A statement of the means by which the representation was procured, will not be out of place here. The building itself 'was destroyed long ago, but a pupil in the Muncie High School, a bright and skillful youth, got a complete description of the building from one who knew it well, and constructed a.model in miniature, of the So exact was the likeness that the man declared it poe

County Seminary

The Constitution of the State of Indiana, the one adopted i in 1816, contained provisions looking to the adoption of an educational system which was to meet, in a measure, the anticipated wants of the people, as an avenue, at least, to the more perfect one of after years. These provisions contemplated the establishment and maintenance of an institution in every county, known as and called a county seminary. In these provisions, it was not proposed to do more than lay the foun- - dation, upon which local enterprise, judiciously appropriated, would erect the necessary superstructure. ties in existence at that time, availed themselves of the advantages guaranteed by the Constitutional provision and established. county seminaries, Delaware County among the rest. The first trustees in this county elected under the provisions of the law, enacted under the direction of the Constitution, were B. F. Haycock, Samuel G. Campbell and John Jack, appointed by the County Board in 1841.

About that time, a square was donated by George W. Garst, Esq., upon which a building was constructed and paid for by voluntary sub- Pa Sep tc chiefly. During its continuance, the County Seminary of the privileges, and a varborpakien in the advantages thus S aosiael for their children in the pursuit of knowledge. Great numbers of youth attended this institution from time to time. During its career of usefulness, not merely those of Muncie, and not alone from Delaware County, but from adjoining counties also, the youth of both sexes came flocking in to drink at this fountain, and, from its bountiful store, secure the material which should lay the foundation of an education, whose fruits in the coming years would ripen and propagate anew, opening up other sources of knowedge and usefulness valuable to the citizens of a community so favored as the people of Indiana. 'This is no fancy sketch; for now there are many in Delaware County and elsewhere in the active discharge of life's duties, who look back to the consecrated walls of that old seminary as their starting-point in mental crowth and practical usefulness. In this connection, we extract, the following, from report in 1878, of Hamilton S. McRae, Superintendent of the Muncie City Schools, to J. H. Smart, Superintendent of Public Instruction for State of Indiana, viz.: | "The County Seminary was established in 1841. The first Trustees were B. F. Haycock, Samuel G. Campbell and John Jack. At their first meeting, no donations were offered to secure the erection of a schoolhouse, but at another meeting there was manifested an eager desire in several parts of the town to have one built. The donation of a square, by George W. Garst, was accepted. The citizens generally contributed freely. One of the first teachers was Volney Willson, who with a stern hand, reduced the unruly spirits to a fair state of discipline. The advent of James S. Ferris, in 1847, as Principal, marked an era in the growth. of the fine educational spirit which now characterizes the city. He was aided in his work by Russell B. Abbott, whose scholarly exactions in the class-room are yet remembered with gratitude by those who were made to writhe when a lesson was not prepared. After these, were Pierre L. Munnis and Marshall White. George W. Hoss came in 1852. The fact that his receipts for a year amounted to $600, is evidence, considering the times, that the seminary was prosperous. The private academy of Luther W. Emerson, who succeeded the accomplished George H. Richardson, was quite prosperous in 1862-63. The same may be said of the school of Mr. E. J. and Mrs. Rice which followed. They were assisted in their excellent work by the enthusiastic Ferris, who had returned. The school of William Richardson was well sustained. It was not interrupted by a winter term of free school. The schoolrooms were sufficient in number for those able and willing to pay tuition, but not for all when tuition was free." A portion of the time the public school was taught in this building, and, finally, it was appropriated to public-school purposes by the Muncie town corporation, and, after, being occupied as a public school building for a short time, it was found to be wanting in capacity, and torn down in 1865, and was supplanted by a new one, more fully adapted to the demands of the times. COUNTRY SCHOOLS.

Originally, the country schools were in a condition corresponding with the ideas of school work in the backwoods settlements. While it is no doubt true that many of those early teachers were zealous and energetic in their calling, much the larger proportion of them were selected, not so much: because of their known but of their supposed qualifications, and for the further reason that during the winter season, when those schools were generally in operation, these candidates for pedagogic honors had nothing else todo. As a natural consequence, therefore, the schools, in the main, were wholly without system or discipline, and allowed to move forward in the channels into which, from force of circumstances, they involuntarily drifted. Among teachers no consultations were had, and hence no concert of action, and few appliances for successful work. Blackboards were things unknown, wallmaps were not in use, text-books were few, varied and unsuitable; houses and seats, for little else was provided, were uniformly inconvenient and generally uncomfortable. Indeed, when we recall the opportunities and experiences of the past, and what came of them, it is a source of wonder that so many and such valuable results have been attained; for true it is that, from these same log-cabin country schools have come many of our most active business men and women. Some of cic, 'posable, may bare ee a slight +i * in a term or two at the "seminary," but much the larger proportion were never so favored. With the meager opportunities enjoyed at home, or at the old-time country school, their own native energy has made them what they are.

At first, for many years, there were in most districts only subscription schools, the advantageous privileges of the free or public school system being then in an undeveloped state. But a changé has been wrought, however, by the onward march of improvement that has marked the progress of time during the last fourth of a century of our local and State history. The average length of a district subscription school before the advent of this new era was less than sixty days, while the average length of the district schools in Delaware County supported by the magnificent tuition fund of the State, during the school year of 1879-80, was one hundred and twenty-three days. The character of the schools has improved also through the developing media of our improved educational system. Schoolhouses, school furniture, schoolteachers and school discipline have all advanced upward, in unison, as by a common impulse. The means whereby these great results have been accomplished are attributable to the county superintendency, normal schools, State and county; to the work of institutes in the township and in the county; to a more rigid examination and higher standard of scholarship and teaching capacity. Whence a class of instructors have been brought into the field who are able to accomplish - immensely higher and more excellent results. "And, of course, with the change from the pole-cabin dwellings with no windows but a greased paper, or none except a hole between two of the logs next the big fire-place, and with only a single door, to the modern residence costing thousands of dollars, has come also, yet with less rapidity than we could wish, a similar change in the construction and the cost of public school edifices.''*

County Examiner

"By the lawin force previous to 1851, and subsequently up to 1873, a County Examiner was provided for, whose duty it was, among other things, to examine applicants, and to give certificates to such as he adjudged qualified to teach a common school. In early times, this duty was performed with not too much care. The popular standard was very low, and the Examiner did not care to rise above that standard. A teacher might, perchance, possess superior qualifications, but the Examiner usually did not discover that fact, nor did he require any such requisites. But the standard, in this respect, has been slowly but surely rising, especially in Delaware County, so that now, in order to be able to 'pass muster,' an applicant must be, in the language of Seripture, 'not anovice. This is well, and it might do no harm to make the exam inations even more strict than at present."

County Superintendent

COUNTY SUPERINTENDENT. "Tn 1873, the name of the office was changed from 'County Examiner' to 'County Superintendent,' and the sphere of the duties was somewhat enlarged, requiring, among other things, the visitation of

- Compliance with the law as it has been since that time, has added greatly to the efficiency of the schools. Where the Superintendent has been a man possessing fully the spirit of his station, and competent for the work, the effect upon the condition of the schools has been wonderful.

"The incumbents of the office of County Examiner or County Superintendent, since 1860, have been C. W. Moore, G. 5. Maddy, E. J. Rice, William Richardson, Fred E. Putnam, Thomas J. Brady, Arthur ©. Mellett, R. 8. Gregory, O. M. Todd and A. W. Clancy, the last named having been elected in 1878. He seems to have good executive ability, and is making strong efforts to enable the school system to produce the highest and best possible results."

" Prominent among the agencies for good in the work of education have been the Institutes held in the county. Teachers began to meet From Notesand MSS. of Prof. E. Tucker, of Randolph County. ; in Institutes in this region many years ago. Several were held in Randolph County before and about the year 1850, and possibly Delaware County had them about the same time. No account of such, however, has been found." stitutes began to be established in Delaware County. The first of these was held in Muncie in 1867. In its spirit, and in the good accomplished, it was a success, though the number in attendance was barely enough to enable the Examiner to draw the allotted $50 from the county treasury. In 1868, one of the branch Institutes for the State of Indiana was held at Muncie, with good results, in which year State Institutes, as such, were discontinued. Since that time, a County Institute has been held annually at Muncie, for Delaware County, with increasing interest and gratifying success. A somewhat detailed statement concerning the last two County Institutes is herewith subjoined.

Institute For 1879

enough to accommodate the whole Institute at once, and so the work was done by sections. Two rooms were occupied, and the same work was done in both at different hours. The instructors in the different branches were as follows; Writing, J. O. Lambert; Arithmetic, L. G. Saffer; Drawing, S. W. Heath, Jesse Brown; Grammar, Language, D. H. H. Shewmaker; Geography, F. Prigg; History, Mrs. Mary S. Waldo;

Primary Instruction, Miss Belle Thomas; Manners and Morals, A. W. Claney; Theory and Practice, A. W. Clancy; Music, Civil Government, F. Prigg.

Six lectures were delivered before the Institute, as follows: Rev: W. A. Stanton, Muncie, "'Mammoth Cave;" Dr. G. W. H. Kemper, Muncie, '""Common Sense in the Sick-room;" Rey. J. A. Dobson, Muncie, ' William Lloyd Garrison, or True Greatness; "? M. L. Cromer, ' The Teacher's Work;" Jesse Brown, "Drawing Illustrated;" Rev. D. 8. McCaslin, '* Genesis and Geology."

"The instruction was intended to be made practical, and a high degree of interest prevailed. The number of members present was 146; males, 51; females, 65. The average daily attendance was 133; the number of recitations, 45; instructors, 10; lectures delivered, 5; days of continuance, 5. The Institute was under the general direction and control of A. W. Clancy, County Superintendent."

"The Institute for 1880 was held at Muncie during the week beginning with August 9, in two sections, the room being too small for the session to be held in one. Instructions were given in the various branches, and several valuable and interesting lectures were presented before the Institute. The following were the instructors, and the subjects discussed by them respectively: Drawing, S. W. Heath; Penmanship, J. O. Lambert; Reading, M. L. Cromer, Belle Thomas; History, H. S. McRae, Mrs. Mary Emma M. McRae: Geography, A. W. Clancy; Arithmetic, Belle Thomas, John Schurr; Music, A. W. Clancy, M. L. Cromer, B. F. Peters; Language, John Lewellen; School Management, Mrs. Mary Emma M. McRae; Longitude and Time, John Schurr: Infinitive, Frank H. Adams; Physiology, Rev. J. C. Dobson; Spelling, Belle Thomas; Orthoepy, Mrs. Mary Emma M. McRae: Elocution Frank Clancy; Letter-writing, John Lewellen. |

'* Lectures. - Mrs. Mary E. M. McRae, 'Growth of the English Language;' John B. Peaslee, 'Lives of Longfellow - Whittier;' John B. Peaslee, ' Literature;' Mrs. Mary E. M. McRae, ' Patriotism.'

"The Institutes for Delaware County have been well sustained from the beginning, gradually increasing in interest and usefulness to the present time.

W. A. Bell, Thomas Charles, James 8. Ferris, T. J. Brady; A. C. Mellett; W. H. Fertich, Daniel Hough, E. E. White, George P. Brown, J. M. Olcott, John W. Woodward, O. M. Todd and others.

"The law requiring township institutes was enacted in 1873. The teachers of Delaware County entered into the movement with spirit and zeal, and have carried them forward with vigor ever since. The interest in them has grown stronger from year to year. To show what is being done in this respect, it may be stated that during the school year ending in July, 1880, seventy-one township institutes were held in the county, and ten teachers' meetings in the city of Muncie, making eighty-one in all.

'An effort is in progress in the county, with prospects of good success, to systematize the work of township institutes, so as to produce regularity and co-operation. The plan seems to work well, and the teachers and the County Superintendent are encouraged to persevere in the undertaking." :

Graded Schools

There are in Delaware County twenty graded schools, as follows: Muncie, thirteen; Eaton, Daleville, New Corner, Yorktown, Albany, Salem and Cowan, one each.

Outside of Muncie, tho osher graded schools in the county villages are taught in buildings containing two rooms each, and two teachers are employed in each school, that is, one in each room. The schools in Muncie, since 1567, have, each year, been maintained ten months, 200 days, and the other schools (in 1879-80) 123 days. '

"An attempt is being made by the present County Superintendent, A. W. Clancy, to establish a system of gradation for the county schools, and he is sanguine in the expectation that his efforts will succeed, at least in a great measure."' .

Statistics

{ Nore. - The major part of the matter comprising the foregoing article was prepared and furnished by Prof. E. Tucker, of Randolph County, to whom all credit is

South And Front Swe A Model District Schoolhouse

"The above is the ground plan of a brick building one-story high. Dimensions, 32 feet wide by 38 feet long, with ceiling 14 feet in the clear; outside walls, 13 inches; partition walls (frame), 8 inches; a solid stone foundation, 44 feet high, 2 feet below ground and 23 feet above.

" Ventilation - Secured by making a double floor that receives the foul air, which passes from the room through the ventilators, thence out the ventilating shaft, which is fixed in the chimney, marked (A).

"Rooms - Three; main schoolroom about 30x30 feet in the clear. A partition wall cuts off eight feet from west end of entire building; this is again divided into two rooms, known as entrance or ante-room and cloak-room; entrance-room, 8x12 feet, and cloak-room 8x17 feet.

''Doors - Four; known as entrance door (No. 1), cloak-room door (No. 2), pupils' door (No. 3), and teacher's door (No. 4); entrance door large, others common size; transom over each door.

'¢ Windows - Six; two in each end and two in south side, each five and one-half feet from nearest inside corner; arched windows with weights and cords, contain twelve lights 24x12 inches.

""Stove - Between teacher's door and first south window; under stove is the mouth of cold-air receiver; teacher's platform and desk between pupils' and teacher's doors.

'All around the top of schoolroom is a molding from which to suspend pictures. Teacher's closet in corner by chimney. There are eight ventilators which allow the warm foul air to pass from the room, between the floors, thus avoiding cold feet.

"This building was planned by the following committee of Delaware County: H. S. McRae, L. G. Saffer, D. H. H. Shewmaker and James Maddy, Trustee of Center Township. P. H. D. Bandy, of Muncie, was the architect. Two houses like this were erected in 1877, and they so pleased the people, that six others have since been constructed upon the same plan. All these houses are seated with single desks, with the largest arranged to the teacher's left and smallest to the right. Cost of building ranges from $1,000 to $1,200. At a meeting of the County Superintendents of Eastern Indiana, this building was visited by those attending, and it was pronounced by them the best they had seen for convenience, light and ventilation."

Schoolhouse Built In 1879 Assay

The model from which the above cut has been copied, was among the contributions from Indiana on exhibition at the Centennial, accompanied by a card, as follows: |

Schoolhouse Of 1827 From

A model of the first schoolhouse built in Delaware County, Indiana, made on a scale of one-half inch to the foot, by George Albert Carpenter, of B High School, represents, with historical accuracy, an actual house of 1827, 20x20 feet, and ceiling 8 feet high. The furniture is shown, consisting of long benches for pupils and a shorter one for the teacher; a writing desk ; with the greased paper for light, water-bucket, poker, scrub-broom, teacher's rod.

"The above cut is a specimen of the first schoolhouse in Delaware County. Quite a number of citizens are now living who received their first instruction under the roof of this the headquarters of learning in this county. But from this, progression swept onward, notwithstanding the many obstacles, such as the want of funds to build houses and pay teachers, the want of qualified teachers, the sparseness of the population, the mismanagement of the school funds, the opposition of the few and the indifference of the many, and the general condition of the pioneer settlers, which was such as to require for the greater part of each year the assistance of the younger mem- bers of each family in the work of clearing away forests, opening farms and planting, cultivating and gathering crops. "Still, amid all these difficulties, the friends in favor of a general system of public instruction continued to work and look forward with | 1878, but the instructors were masters of the situation and those who hopes of ultimate success. The rounded side of the slab bench was turned over, flat side up; the rounded log house to a hewed-log house from this toa frame with strong double desks; the greased paper to bright window glasses; the hickory club to a switch; and now, in less thah two generations, we have the solid brick, with its good light,

"We now have 124 schoolhouses in Delaware County, outside of the city of Muncie; seventy-three brick and fifty-one frame, eight of which are built according to the last cut before you. realize the advancement, and yet it is true. The old house to a parlor, almost; the slab bench to an easy desk; the clapboard window to a correct light; the birch to music and drawing; the 'rule of three' to a