Elkhart County, Indiana - Chapter 6: Civil Government, 1905

Government is a trust, and the officers of the government are trustees ; and botli the trust and the trustees are created for the benefit of the people.

History is something other than Ijare chronicles of legislative proceedings and official acts; yet, nevertlieless, it woitld be a serious omission to fail to include in this volume some cursory mention, other than what has already been given, of various official acts by which the progress of the county and its civic and material welfare have been ili reeled to the proper ends, and also the names df the most important of those men commissioned by their fellow citi;^eiis to perform, after the manner of our representative government, the diUies \\hich necessarily must Ije delegated by the many to the few. .\ntl. t(.o, in thus rectjrding some of the means by which the representati\-es of tlie people sought to perfect the efficiency of the body politic, we may learn mitch concerning the unfolding and development of our county into its present civic, social and material condition.

An evidence of the strong tendency of the early settlers i:f this county for law and- order and the institutions of society may be found in the record of the first county election following the act of county mcorporation. There was Ijut a mere handful of people in this great district comprising Elkhart county and the territory attached thereto; none of the restraints of law were needed, and only the inherent desire of the American people to jiarticipate in self-go\-ernment cotild lia\-e urged this community toward civil organization. In this election there were polled in the entire county, including the territory attached, out of which several counties were later formed, but seventy-five \'otes. And it is presumed that the entire legal vote was cast, there l>eing a number of aspirants to places of honor and profit, whose res])ecti\-e friends were no doubt active in their behalf.

At this first election in Elkhart county the foll<iwing men were chosen to administer the alifairs of the county : Thomas Thomas, clerk ; Eli Penwell, sheriff; William Latta and Peter Diddy, associate jtidges;

J. A\'. V iolette. recorder: and James Alatlier, John Jackson and Arniinius Penwell, justices of the peace, wlio constituted the board for the transaction of county business until they were succeeded by the new!)- created board of county commissioners. The first three sessions r)f the board of justices were held at the house of Chester Sage, and in the fall of 1830 the first county court was held there by the associate judges. Peter Diddy and William Latta. The election for a state representative, sheriff and coroner, ordered to be held on the first Monday in August, 1S30. \\as held, in Concord township also at the house of Mr. Sage. while the voters of Elkhart township cast their ballots at the schoolhouse on Elkhart plain.

One of the interesting provisions of this early board of justices was die fixing of tax rates. By the record we find that the poll tax was 2,7^1 cents; a like amount was levied on each horse, one half that sum on each work ox; 25 cents was the rate for a silver watch, one dollar for a brass clock, one dollar for a four-wheeled carriage, and 75 cents for a two-wheeled carriage. These direct taxes probably were cheerfully paid, although occasionally we find recorded the case of a man who had his tax remitted on the ground that it was unjustly large, (it being ordered in November, 1830, that James Compton be acquitted of the payment of 373^ cents for one horse wrongfully assessed.) In 1830 the whole amount of revenue collected was $198, and the whole disbursement was $183.43, leaving a balance in the treasury.

The last meeting of the board of justices was in July. 1831, and in the following September Edward Downing and George ]\IcCollum received their commissions and on September 5 were sworn in by the clerk and took their seats as the commissioners of Elkhart county.

For nearly seventy years the board of commissioners continued to exercise, in each county of the state, the general administrative powers appertaining to county government. While this board was generally of the highest individual character, yet, by the nature of the powers vested tiierein, it was largely autocratic and irresponsible. The system of "checks and balances" has formed one of the inherent principles of our governmental system, as is seen In the universal division of powers among several bodies, each acting as a restraint upon the other. At the close of the last centtiry this fundamental principle was. by state legislation, applied to the administrative machinery of each of the several counties in Indiana. The verdict as to the efficiencv and value of the new svstem has been generallv favorable, as it is likewise commended by reason. While on the siiljject of cxaunty commissioners, it seems proper at this point to gi\-e a very brief explanation of the new feature which of late years has increased the length of the county liallot and added another complication to the problem of self-government.

By an act of the general assembly approved March 3, 1899, there was created in the several counties of the state a body known as the Comity Council. Each county was divided into four councilmanic districts, each district comprising one or more entire townships : one councilman is elected from each district and three are chosen in the county at large. The first election of county councilmen was held at the general election of November, 1900, the second in 1902, and thereafter the elections are to be held every four years.

This County Council, in its workings, has original jurisdiction over the tax levy of the county and over the appropriations for county purposes. The trxing of county tax rates, where not already fixed by law, is vested in this council, and the povicr of appropriating money froiu the county treasury is vested exclusively in this body. To the council are submitted all the budgets or estimates of expenditure by the county officers in their respective departments and the county commissioners cannot contract or bind the county beyond the amount appropriated for each object in cpiestion by the council. Tlie discretionary powers of the commissioners are thus limited, and, while they have power to purchase all supplies, they can do so only on a written requisition of the officer or employe for whom or for whose work the supplies are necessary. This council holds a regular annual meeting, fixed by law, but may also be called together by order of the auditor. In the list of county officials will be found the names of those chosen to the County Council of this county since the act of legislature went into effect.

It is one of the happy features of American democracy that the workings of civil government have very few points of contact with the average citizen, who by casting an intelligent ballot sets the proper machinery agoing and needs have little further concern with constituted authority. The will of the people works out in a natural and easy manner, and only occasionally, in such a county as Elkhart, is there anything approaching a large issue. Because the afifairs of local civil government are thus so largely a matter of course and take on the complexion of the every-day routine of household or personal life, the documentarv records are on the whole verv uninteresting reading and ofifer only now and then something (_^f more than ephemeral note and wortliy to be set down in a history of the county. Therefore we shall close this chapter with some brief and casual items and then with a summary list of names of officials of Elkhart cotmty.

The November session of the board of commissioners in 183 1 was held at tlie new county seat of Goshen and in the house of George Mc- C< ilium, and in the session of May, 1832. is found the following: " It is ordered that lot No. i be given to school district No. - for the consideration of the schoolhouse to hold courts in and other county business and elections for the term of two years, and said house to be ready for to hold court in against the next term of circuit court." In March, 1834, the building of a county jail was ordered to be let at auctiim to the lowest I'idder, and also the building of a " stray pen,'" frnm which it is evident that population bad increased to the pciint where criminal humans and roving animals were a source nf troulile to society. .Vnother evidence of the advance of Elkhart county in material improvement was the item of the record in May. 1834. by which the supervisor was ortlered to work tlie mads. By Se])teml)er, 1834, twenty highroads had been ordered opened in the county, at almost every session of the board some new road being reported as viewed and marked, which shows the zeal with which the early county fathers applied themselves to the imjjroving the means of communication, liy which civilization is most surely promoted and secured.

Some mention is necessary concerning th.e township ci\il go\ernmcnt, in its historical aspect and the present system. In this regard the tendenc\' has been away from complexit}- of officials in numlier and duties toward the modern idea of " one man power " with more central responsibility. The first uniform plan of townshi]) administration was effected by the state legislature in the early forties. In accordance with this act for rendering the mode of township business of Elkhart county more uniform, the acting clerk of the county court gave notice that on the first Monday of April. 1841, each township should elect the following officers: Three town.ship trustees, one township treasurer, one township clerk, two overseers i)f the poor, two fence viewers, a constable for each justice of the peace in the township. By this provision each township was burdened with the officia.l weight of at least a dozen men. and the whole plan was evidentl^- unwieldy.

pertaining- to the inspector of elections, overseer of the poor and fence viewer, witii all the powers formerly belonging t(.i the three trustees. This greatlv simplilied system has proved in its workings all that its authors hoped for. and carefulness, efficiency and (lis])atch have characterized township admmistration.

The progress of a county in a great measure depends upon the men wdio are elected by the people or ap]iointed by the state to direct its affairs.

The first county council elected f<ir Elkhart county in November. 1900. was as follo\\-s : Henry Zeisel. Jiiseph Smith. George Milburn. Daniel Zook, John Cook. Edward W. Walker and Ira Hapner. The second council, chosen in November. 1902. were John Zeisel, 1-". E. Hawks, B. B. Knapp. who were the three members elected at large ; and Dilman Rickert, for the first district; H. D. Sykes. for the second district; Valentine Berkey. for the third district, and Ira Hapner. for the fourth.

Judges of the Circuit Court of Elkhart County - Charles H. Test. Gustavus A. Everts, Samuel C. Sample. E. M. Chamberlain, Robert Lowry, E. A. McMahon, James L. \A'orden. Reuljen J. Dawson. ]\Iose« Kenkinson, Edward R. Wilson, Pliram S. Touslev, James D. Osbnrn,

William A. Woods. James D. Osborne, appointed by Governor Gray, and elected for 6 years; John M. Vanfleet, 6 years; Henry D. Wilson, 6 years; Joseph D. Ferrell. served till death; Francis D. Merritt, appointed.