Hamilton County, Indiana - Chapter 9, 1901

Chapter 9

Prior to 1833 the States of Ohio and New York inaugurated a system of improvements. Toll roads and canals were built by the States. The revenues derived from these roads and canals were satisfactory. From about the year 1832 to the year 1835 the main political issue in Indiana was internal improvements corresponding to those of Ohio and New York. This question was the test of members to be elected to the Legislature. The result was the passage of a bill by the Legislature of 1835 and 1836 providing for an expenditure of twenty million dollars by the State in making State roads, railroads and canals. Bonds were issued and ten million dollars appropriated. One of the improvements provided for in this bill was the southern portion of the Central Canal. This canal was the only State improvement in which the people of Hamilton County had any interest. The course of this canal was from northeast to southwest through Hamilton County. The people believed that the completion of this canal was about all that was necessary to make

Iheni all wcallhy. The canal was located, contracts let and work connnenced upon it as soon as possible after the passai;e of the law. Many of our best citizens who were for that period in .^'ood fniancial circumstances became contractors, becomini^- liable for a great deal more monev than all their property would at that time bring them. The price of land along the line of the proposed canal was sold in many instances for twice its value. Labor and produce advanced out of reason ; business w^as on a boom and every one connected with the work in any way was apparently happy. A good deal of the grading upon this canal was done in this county by men who had contracted with the State to do so, using their own means and credit. The State, however, had undertaken too large a job, and after having spent ten million dollars of the people's money, payment upon all public w-orks was suspended. The men who had taken contracts on this canal w^ere ruined, and many of them were so badly in debt that they never recovered. They lived and died poor men. The business boom collapsed and the price of land dropped back to the figures obtained before thiwork began. This measure was opposed by many wise. prudent men, but the promoters carried the day. Evi dence of this work is to be found at many points in this county.

sionors, in the year [!^35. it was ordered that a new court Iionse be buiU on the pubHc square, as follows: To be 45^45 '^'^'t square, with stone foundation eighteen inches below the surface and two feet above; two-foot wall, the wall to be brick; the lower story sixteen feet hio-h; upper story ten feet; first wall eighteen inches thick; the second thirteen; to be finished with suitable doors, wdndows, etc., and to have a cupola and steeijle according- to plan hereafter agreed upon by the coniniissioners; notice to be given by pul)lication in the Indianapolis papers and by manuscript and printed ad- \-ertisenients, etc., sealed proposals 'to be received at Noblesville between the 17th and 24th of October next; to be completed by January ist. 1837.

At the ( )ctober session, 1835. a further order was entered among the proceedings of the board at that term in these words, to-wit : "Ordered that the plans and descriptions for a new court house, authorized at last session, lie rescinded, and that the board accept the ])lans of John Hirewalt ; house to be built on center of public square, anil the proposals received according to notice given for the erection of the same being now^ opened." It appears that Charles Grover, James Turner and William Evans proposed to furnish the material, l)uild the same and complete it according to the above named specifications and plan for the sum of $3,985.00, and that John I). Stephenson proposed to build the same for the sum of $4,500.00, and it appearing that the

I'Rimitivjo Histouv Of

1)1(1 (-! llic said (Irovcr, riinicr and Evans is less than that of Stephcnsun the sum of v$5 15.00, and there beini;- no other hid. it is considered that they are entitled to the contract for the erection of the same." It was accordingly ordered "that Charles (irover, James Turner and William Evans be allowed $300.00 payment in advance on contract after filing bond."

At the January session, 1836, it was ordered that the i)rincipal front of the proposed court house be 1)laced to the cast ; and at the May session following- Francis \\ . Emmons was allowed $3.50 for making draft and s])ecifications for said building, and a further sum of $200.00 was allowed the contractors for work done, of which the county agent was directed to pay S50.00 as soon as collected. At the June session the agent was directed to pay said contractors the further sum of $75.00, to apply on their contract for building the court house. xAgain. at the September session, 1836, $1,400.00 were ordered to l)e paid for work done on the new court house, and at the same time the county agent was directed to contract for ])ainting and -, enciling the brick work. James Mahin and Thomas J. Lindsey, at the November term following, contracted to do the plastering for the sum of $395.00, ami the contract was accepted. The contractors havinmade good progress in the construction of the new l)uilding. were allowed an additional $500.00 on their work.

i\t the January session, 1837, and at a special session, held on the 20th of the same month, the board made the following fm'ther orders in the premises, that "Cliarles Grover be allowed $40.00 for extra services on court house and $5.00 for the use of the new court house during- the December term of the Circuit Court for the year 1836." It was further ordered "that the r.ger.l of the county pay Grover, Turner and Evans the l^alance due them for building the court house as soon as they deliver the keys." Subsecpiently, at the March session, 1837, the county agent reported that he had paid to Grover. Turner and Evans $375.75, the balance due them for building the new court house, and to Barnes and Horniday for painting $115.00, and to H. Poland for viewing painting $1.50, making a total balance on account of the court house $474.25. At the same time th.e sheriff was directed to sell the old frame court house at public auction in the town of Noblesville on Saturday, the 25th day of March, 1837, for onehalf the purchase money, in three, and the remainder in six months from the day of sale. At the May session, 1838, the county agent was ordered, out of the funds in his hands, to furnish the court room with a bench for the judges, boxes for the jurors, seats, stands and other necessary furniture. Finally, at the November session of the same year, Joseph Nichols was allowed $1.00 for making out a specification for the new court room, which completed the court house.

As a part of the road system of the county, early in tlie fifties the Ijoard of Commissioners caused to be erected a wooden bridj^c across White Rixcr at Xoblesville. A wooden bridge was also, by order of the board, constructed across White River at Strawtown. A l)ridi;e, by order of the board, liad been constructed across Fall Creek. Two wooden bridg-es were constructed across Ston\' Creek. A wooden bridge had long- before that been constructed across Cicero Creek, on the Lafayette road. Some time after the erection of the first bridge across the river at Noblesville a flood came. The river was deep and swift, carrying with it a large amoimt of drift wood. The middle pier of this bridge was struck by drift wood and knocked out of place, making the l)ridge unsafe. I>y order of the count)- board re])airs were made, so that the peo])le could again use the bridge. Soon after this the bridge was swept away by high water and the ])eople for some time held no means of crossing at times of high water except by canoe and ferry boat.

The Strawtown wooden bridge stood and did ser\-- ice for the i)eoj)le at that point for a long time, when it was sw ept away by an ice gorge.

At a special session of the Board of Commissioners, I held on the uth day of June, 1862, the board ordered that a bridge be built o\er Fall Creek on the Greenfield j and Xobles\ille State Ri>ad, and appropriated $550.00 I for the purpose. John Burk was appointed to superintend the work. The bridge was to be 120 feet long. The contract to build this bridge was let to Williams, Giger »S: Co. At the September session of the board for the year 1863 George T.. Haworth and others presented a petition asking for a new bridge over Cicero Creek at the crossing of the Noblesville and Lafayette State Road, which petition was granted and the bridge constructed. At the same session, 1864, upon petition filed, the board ordered that a survey and plans be submitted for a bridge over Stony Creek, on the Noblesville and Pendleton Road. Elijah Cottingham was directed to make such survey and plans, with an estimate of the cost of the same. x\t a special session of the board, held in September, the contract for this bridge was let to \\'illiams, Durfee, Stoops & Giger for $325-34-

After the completion of the Madison & IndianapoHs Railroad, thereby connecting Indianapolis., and the Ohio River, the subject of building a railroad from Indianapolis to Peru began to be agitated. There was much opposition to the proposed work. Some very peculiar notions were entertained. One class of men said if this road is built there will no longer be work for our people who have been making a living by hauling produce to the Ohio River, and goods from the Ohio River to this county. Another class said: "It will destroy the business of the tavern keepers." Another class said it would take all that a man's wheat would bring at the Ohio J\ivcr to i)ay the railroad company for hauling it. Others said the scheme was a visionary one and could never be carried out. Notwithstanding this opposition, a company was formed and named the Peru & Indianapolis Railroad Company. In 1846 a charter was granted to this company. The first meeting was held in Peru in 1847. At this meeting about $500.00 was subscribed and taken in stock. General T. A. Morris, of Indianapolis, was employed to run the line and make estimates preliminary to commencing the work. Other meetings were held along the line. Individuals subscribed stock, and shortly after all the counties between Peru and Marion County had subscribed as counties. The work was commenced at the south end and the road made, after wonderful difificulties and the exhaustion of financial resources had been overcome, up to Noblesville as a flat-bar road. Among the most active friends of this road was W. J. Holman, to whose untiring perseverance, more than to any one man, is the country indebted for this valuable thoroughfare. When other men were in despair Holman asserted his belief to be that the road would be built and would be a great benefit to the people of this county.

road. This finally brought them into court, and as usual in such cases, the wreckers came and took the thing in. This left the Hoosier road-builders out and gave them time to consult as to what they would do about it.

Incidental to the action had by the counties along the line, appertaining to a development of the real interest felt by the people in the proposed enterprise, Hamilton County, through her commissioners, at their June session, 1848, "ordered that the sum of thirty cents on each $100.00 be levied for railroad purposes; also fifty cents on each poll for railroad purposes; also one and one-fourth cents on each acre of land for railroad purposes," all ostensibly for the benefit of the Peru & Indianapolis road, as shown by the subsequent action of the board. At their September session in the same year Elijah Cottingham was authorized to vote the proxy of the board at the annual election of officers for the road, held at Dayton, O.. as the representative of 400 shares of stock held by the county in the road, the levy ordered as above being made to create a fund for the payment of such stock. In furtherance of this object, on behalf of the county, the board at the same session ordered that the auditor of this county be authorized and required to issue to the president and directors of the Peru & Indianapolis Railroad Company, in payment of the county subscription to the capital stock of said company, at such time as the president and cn.i;ineer ol said road may require, county orders in the denomination of two, three and five dollars each, in the proportion of one-third each, any amount not to exceed $2,400.00, and the "said auditor is hereby directed and required to take a receipt for the amount so issued and delivered, and that he report the same to the next session of the board."

The board also ordered that the Peru & Indianapolis Railroad Company be permitted to use the Indianapolis State Road, i)rovided, however, tliat tliey leave a sufficient amount of said road in good repair for passage.

At the December session, 1848, the board petitioned the Legislature for authority to borrow money at a rate of interest not exceeding 10 per cent, to purchase bonds of the company in unlimited amounts, running from one to fifteen years. Thomas T. Butler was apl)ointed an agent to draft and issue bonds in the name of the county amounting to $16,000.00 for railroad purposes, drawing interest at any rate not exceeding 10 per cent., conditioned, however, upon the passage of the law for which the board had petitioned the Legislature. The bonds so contemplated to be issued were to be, oitered first to citizens of Hamilton County, then, if unable to dispose of them to these parties, to the citizens of any other county in the State, and for the payment of these I)()ii(ls so issued and placed on the market the stock of the county in such railroad was

I declined, none of said bonds being payal)le in less than five \ears, the county reserving the right to draw them in at any time, interest in no case to be paid in advance. In the mecintime Mr. Butler resigned the trust reposed in him and lohn D. Stephenson was appointed in his stead.

The Legislature having legalized and confirmed the proposed action of the board, the county was authorized to borrow money not to exceed $50,000.00, the interest n.ot to exceed 10 per cent, per annum, for railroad purposes. At the June session, 1849, the agent appointed to sell i)onds reported the sale of bond No. i at 8 per cent, for $250.00 and bonds Nos. 3 and 4 for $100.00 each to John Stalker; bond No. 5 at 10 per cent, for $300.00 to John Manlove on loan for fifteen years of $200.00, $100.00 of which was paid, the other $100.00 to be paid when the bond was issued. It was reported also at the same time that $1,475, the aggregate of said bonds, had been paid over to the railroad company. The agent was also authorized to borrow any sum not exceeding $4,000.00, $2,000.00 payable in eight months and $2,000.00 in one year. At the same session the board ordered a further levy of thirty cents on $100.00 for railroad purposes. The following is the form of bond adopted at the December session, 1849, by the county board to secure the loan above proposed for railroad purposes :

Know All Men By These Presents

1849, ^^'^^^ interest at the rate of .... per cent, per annum, ])nyal)le on the first Monday in July annually at the oiTice of the treasurer of said county, in Noblesvillc. where the principal will also be paid, this bond being issued for a loan of the amount thereof to said county, as authorized by an act of the General Assembly of the State of Indiana, entitled "an act to authorize the commissioners of Hamilton, Miami and Tipton counties to iiorrow mone}^" approved January 5, 1849; and for the redemption and payment of this bond, both principal and interest, as above stipulated, the faith of said County of Hamilton and the stock of the Peru & Indianapolis Railroad Comj^any is irrevocably pledged.

W'ork was begun at the southern end of the road, and in two years afterward twenty-one miles of the road were completed to Noblesville. The track was la-.d lo Peru in 1S54. In 1871 the road was finished Irom iVru to Michigan City and the cars were run through lor the first time in that year.

The board at their June session, in. 1852, ordered that the auditor issue one order in the sum of $876.66 2-3 for the redemption of the railroad bonds nuiiiberiiig' from 80 to Sy, inclusi\e. pursuant to the conditions of the bonds, reserving- the right of the county to redeem the outstanding bonds at any time.

At a special session in November, 1853, the Peru & Indianapohs road asked the repeal of that part of the original order specifying that "the county shall elect to surrender to said com])any such obligations and assume the payment of the interest that shall accrue after such election and the principal when the same shall become due and payable on said bonds, the stock to become absolute in favor of the county, but until such election and assumption the counties have the right to hold such as security for the performance of certain stipulations on the part of the railroad company not entitling the county to any dividends, but to have a voice in the elections, etc." The railroad asked to have the same rescinded because of said railroad consolidating with the Marion »S.' Indianapolis Railroad by order of the board of directors, to take effect January ist, 1853. "Whereupon said board declare that if said railroad will execute additional bonds to the County of Hamilton for the performance of ])ayment of the last issue of bonds. 82,000.00, numbering from 10 to 29, thereby releasi \g the county forever from the payment of said 1)onds. they will grant the request."

Afterward, at the December session, 1853, the Peru & Indianapolis Railroad Company gave bond to the county in the penal sum of $40,000.00 to secure pay- mciit of hoiuls issiUMJ 1)\ the c(iuiil\- ami dclixcrcd to the railroad company to sell and assist in llu- constrnction of said railroad, said bonds nnniiicrinL:' from lo to J(), the raih-oad pax'in^' interest on said honds when due. And ihe ai^ent of the countx' was ordered, in lieu, to surrendei" to said railroad coni])an}- the last issue of honds. nrind)erin;4- from lo to 2(). inclusi\-e, each for ^1,000.00. in all v^jo.ooo. The honds numbered from t to 9. inelusi\e, provided for at the Sei)teml)er session. i860, were, at the special session, i8C)i. ordered to ])e paid out of any fund in the treasury not otherwise ap- ])ro])riated. I

Prior to the organization of this railroad company and subsequent to the general inflow of new settlers into the count\-. the price of grain had frdlen to a \ery low lignre. Corn soUl as low as eightee i cents; wheat, as has rdready been shown, sold at the Ohio ivi\-er as low as thirty-se\en and one-half cents. The ]irice of wheat and corn about the time this charter was granted began to go up. The price of wheat went u]^ to $1.00, or nearly so, before the road was completed. Many of the friends of the road attributed the rise in price to the ])roposed railroad. This was not true, for the reason that the prices rose at the Ohio and W'abash rivers.

at Porkiiisville, passing through the county and out of it a little west of south. When Hamilton County was first settled it was believed by the early pioneers that White River would l)e navigated by small steamers as far uj) as the east line of the county. It was soon discovered that the flatboat was as large a boat as the depth of the water \\()ul(l admit.

Tn i8j3 John Conner finished the first mill built upon this stream in Hamilton County. The capacity of this mill was sufficient to supply the needs of the people. l)Oth corn and wheat were ground. A fair article of flour was turned out. A sawmill was subsequently added to the grist mill, also a carding machine. Prior to the erection of this machine the pioneer mothers and their daughters had carded their wool into rolls by means of the hand cards. This mill did service until about the year 1850.

About the same time the Conner mill was built John Foster built a mill on White River five miles above Noblesville. At that time nothing but corn was ground. Foster sold his mill to John Stoops. It was afterwards known as the Schryock mill. During Schryock's ownership of the mill a sawmill was added. From Schryock the mill passed into the hands of Conner & Stephenson. During the freshet of 1874 the mill was washed away and part of the dam washed out. It was rebuilt, however, and finally passed into the hands of W. W. Conner, who added a carding machine to the property.

Primitive History Op

In i8j7 a man by the name of Stephens built a mill on White Iviver above Strawtown at what is now known as the Shepard farm. This property passed from Air. Stephens in an early day to Kemp, from which time it was known as the Kemp mill. A distillery and carding machine were added by Kemp. This property was destroyed by fire and never rebuilt.

Pipe Creek. This stream is crossed by the east line of Hamilton County between the village of Aroma and White River. It cuts off a small portion of territory lying" north of White River and empties into White River between the east line of the county and Strawtow^n. No mills or machinery of any kind were at any time erected upon this stream.

This stream crosses the east line of Hamilton County at or near Pleasant Hill meeting house and empties into White River near Strawtown. Three mills were erected in an early day on this stream. They were what were called corn crackers. One of these mills was at or near the Peck farm. Another was situated on what is now known as the Couden farm near Strawtown. The third was near Aroma.

ueai- the range line. It empties into Duck Creek before that stream reaches White River. At certain seasons of the year Bear Creek affords a good deal of water, hut it has ne\ er been utiHzed as motive power for the running of macliinery.

'J1iis stream crosses the north Hue of the county a1)out one mile cast of the old Peru & Indianapolis Railroad at Atlanta. Its course is a little west of south. It empties into White River about a mile and a half below Xobles^-ille. In an early day George Tucker built a sawmill and corn cracker on this stream not very far south of tlie north line of the county. Jacob Crull built a similar mill farther south. This mill was afterward known as the Gascho mill. A mill was built on this creek near Cicero. These small mills, together with the sawmills on White River and possibly Cool Creek, did a thriving business for a number of years. Lumber was hauled on wagons from the Tucker and Gascho mills to Noblesville as late as the year 1850. The lumber sawed at the mills spoken of, for which a market could not be found in Hamilton County, was sold to the people of Indianapolis. This was done by rafting the lumber down the creeks and White River to Broad Ripple, where the rafts passed into the canal, and from that point to [ndianapoHs. William Neal, of Cicero, was, between the years of 1840 and 1850, largely engaged in this business.

Cicero Crock (l(.'ri\c»l it> name from llic follow in i;- cii-cnmstancc : ( )nc Mr. .Mel .auj^lilin surveyed the land in that \icinity. lie had a son named Cicero, who Ava.s with the part\-. This son undertook to (h-ink water from the creek and in so doing" fell into the creek. I lis father then and there named the creek Cicero Creek, and it has l)orne that name e\'cr since.

This stream crosses the east line of the countv some distance north of the southeast corner of the county. It passes over a portion of the southeast part of Fall Creek Township and out of the county near the lands now owned by C. W. Edwards. The mills receiving their motive power from this creek have been descril)ed. The first settlement made in Fall Creek Township was made on either side of this stream.

Tliis stream crosses the east county line east of Xobles\ ille and a little south of Fishersburg. The general course of this stream is from east to west. It empties into White River about a mile and a cpiarter below Noblesville.

In 1 82 1 John Foster built a mill on this stream about a mile and a quarter above its mouth. It was what was called a corn cracker. This mill passed from ]Mr. Foster to the hands of Mr. Betts. During the time My. Betts owned the mill it was improved so that wheat was ground and a hand bolt was attached. From Mr. Betts the mill |>assed to Philip Hair, who built a large mill a few rods below the old log mill, but used the same dam. Hair sold the property to William Stoops, and at his death, or soon thereafter, it passed from his heirs to Henry Dill.

This Stream rises in the northwest part of the county and flows to the southeast and empties into Cicero Creek above Noblesville some distance. This is a small stream. In an early day it furnished the motive power for a mill. This was a corn cracker and was known as the Cook mill.

L. H. Emmons, a practical printer, of Eastern birth, came to Noblesville in the year 1835 and immediately commenced the publication of a newspaper called the "Newspaper/' the first number of which was issued

January 12th, 1836. It was neutral in politics. The paper was printed on an i8x24-inch sheet,, or four 12x1 4-inch pages, and was a fine specimen of the typographical art in that day, and would conijiare favorably with the appearance presented by the better class of newspapers printed at a much later date. It was a neat, comely sheet and the make-up of original and selected matter, was above the average. The patronage was not large and the enterprise was not a paying one, hence it yielded to the pressure of circumstances and the publication was suspended on the 22d of March, 1838. In the course of time it was revived by F. M. Scott, who continued its publication for several months with indifferent success, when finally it ceased to be issued. In the meantime Mr. Emmons had gone away, but returned again to Noblesville in 1842 and commenced the publication of the little "Western." It was a fourpage paper also, with four columns to the page, the size being 14x24 inches, and was Democratic in politics. A file of this paper is still in existence and is well preserved, commencing with the issue of June 4th, 1842, and ending with the issue of January 25th, 1845. ^^ was published weekly. At about the latter date Mr. Emmons was appointed to a clerkship in Washington and held the position during the four years succeeding. Upon his return to Noblesville, ]yy the way of Parkers- 1)urg, ya., to Lawrenceburg, Ind., he was attacked with the cholera and died in a few days after his arrival at Noblesville.

During the absence of Mr. Emmons the pubHcation of the paper was temporarily suspended. Subsequently, liowever, Peter C. Lawyer, J. T. Cox and F. M. Randal were engaged in the control of the paper. In August, 1854, the "Noblesville News" having been previously published by F. M. Randal, was purchased by J. R. Gray and J. W. Evans, who changed the name to "The Hoosier Patriot" and continued the publication under that name for the succeeding six months during the excitement attending upon the action of Congress on the Kansas-Nebraska bill, when it was sold to H. W. Clark, Sr. He, in turn, continued to publish the paper for some time under the same name. It then passed into other hands and was subsequently published under the name of 'The True Whig" by L. E. Rumrell and by Rumrell & Hardy for a series of years. Some time in 1862 Hardy & Clark became the owners. In the fall of 1862 it passed into the hands of S. K. Christy, who a few weeks later changed the name to "The White River Clipper," the first number of which appeared in September of that year. Under the administration of Mr. Christy the size of the paper was increased to seven columns, in 1865, which was maintained for several years.

In the year 1785 the Congress of the United States passed a resolution setting apart one square mile in each township in the Northwest Territory to be applied in the maintenance of public schools in such territories. This resolution was affirmed by Congress in i y^y and became a law. Under the provisions of this law one square mile in each township, when the lands of Hamilton County composed a part, was surveyed and set apart as school land and was not sold by the State. Under this law the ])ortion of such school lands belonging to this county came under the control of the County Commissioners. The law provided that when the voters of the township where the school section was situate, by a majority vote, should decide in favor of a sale of such lands, they should 1je sold to the highest bidder. When this vote was taken the Board of Commissioners sold the land and the proceeds were credited to the seminary fund.

The State Constitution of 1816 and the laws passed while it was in force made ample provisions for the advancement of education. These laws were not, howe\er, compulsory. It w^as for the people to determine what steps should be taken, so that little advance was made.

Prior to the year 1840 our winter schools Avcre taug-ht by the sons of the pioneers, and our summer schools by their daughters. After the date last named school teachers from the Eastern States came to this county and taught some of our schools. They were practical teachers, and the methods of teaching- were greatly improved. Many of the pioneer fathers, how- ever, tlunii^lil more ol clearing;' ami im[)rovins^- their lands than they did of the education of their children. Then there was a prevaiHng opinion that it was only necessary to teach their sons reading, writing, spelling and arithmetic to the double rule of three, and that it was only necessary to teach their daughters to read, write and spell. So that not much advance was made in education under our old Constitution.

All tines and forfeitures collected were paid into the seminary fund. The principal of this fund could not be used for tuition, but was kept out at interest, and the interest distributed among the several townships.

In 1846, by order of the Board of Commissioners, a contract was let for the erection of a seminary building, to be paid for out of tlie princi]:)al of the seminary fund.

After the adoption of the new Constitution, as will ])e hereafter shown, all of the seminary fund was turned over to and became a part of the common school fund.

Pursuant to the provisions of an "act relating to county seminaries," approved January 31, 1824, it was made the duty of "the County Commissioners in their respective counties, at their first meetings after the passage of this act, to appoint some lit person as trustee of the county seminary for their respective counties," who should take an oath faithfully to (li>cliarL;c llic duties aiipcrlainiiiij;- In such olVicc, and also give bond i)ayable to the State of Indiana, with two sufficient sureties, in the penal sum of double the amount, as near as may be, of the funds of the county seminary, conditioned for the faithful performance of the duties of his office.

Section five of that act provided that "all fines which are now or may hereafter be directed by law to be paid for the use of a pu1)lic seminary in each respective county shall be paid into the hands of the trustee thereof, any law to the contrary thereof, in any wise notwithstanding." In conformity with the foregoing provisions, it was made obligatory upon all officers and others to Whom the afore-named elements of the fund were primarily paid, to faithfully account for and to pay over to the trustees so appointed any and all such funds under severe penalties for all failures so to do. It was made the duty of said trustees, also, annually to lay before the boards of county commissioners a complete statement of the situation of the funds belonging to their respective county seminaries, as a safeguard over the funds contemplated by the law-makers, to be carefully husbanded for the education of the coming generations. A further provision imposed upon such trustees the duty of annually, within the first twelve days of the session of the General Assembly, transmit to the Speaker of the House of Representatives a certified list of all moneys by him received in conformity with the provisions of this act, and annually exliil)it a detailed account of the funds in his hands to the County Commissioners on the second day of- their November term each and every year, which exhihit. with the approval or disapproval of the of^cial conduct of the trustee, by said Board of Commissioners, indorsed thereon, was re- ([uirecl to be forwarded to the Speaker of the House of Representatives, on or l)efore the first Monday of December, annually. As a means, also, of accumulating said fluids it was made the duty of such trustees to loan all moneys paid to them, as such, for the term of one year at the rate of 6 per cent, per annum, taking bond and good freehold security therefor, payable to themselves and their successors in office.

To incorporate a 1:>oard of seminary trustees it w-as r.eccssary. first, that the qualified voters of the several townships of the county should manifest their desire in that direction l^y electing for each such township a representative trustee, who should give bond and qualify. A majority of such township trustees, having thus qualified, were vested with powers and liabilities similar to other corporations, and subject to the peculiar object of their organization, and the limitations, restrictions and directions of the General Assembly. Such corporate Ijody was under the jurisdiction of the Circuit Court, while the county trustee first named was under the jurisdiction of the county board.

Puimitive History Op

lolin D. Stcpliensoii. clerk of the Circuit Court, at the May session of the county board for the year 1824, made return of the amount of fines assessed in the Circuit Court for the judicial year ending May ist, 1824, amounting- to s^7.oo, which was to be paid to the trustee to be appointed for that purpose. At the March session, 1825, John D. Stephenson was appointed by the board such seminary trustee, as required by the first section of the act above referred to. The accumulations of the county seminary fund were not great during the early period of the county's history; the amount was not enough, indeed, to induce any steps to be taken toward the appropriation of grounds or the erection of buildings suitable for the purpose contemplated by the ' Legislature in the preparation of a law whereby their children might secure the advantages of a liberal education at home. Within a reasonable time, however, after the local machinery had been put in motion, and I the attention 01 the community had been drawn from the study of organic economy, this necessary addendum to the formulation of a county jurisdiction ])ecamc tlic subject of deliberate consideration. Accordingly, at the November session, 1830, of the Board of Commissioners lot No. I, in square 7, in the Town of Noblesville, was donated by the county for the use of the Hamilton I County Seminary and a common school. Subsequently ' ai the January session, 1832, John D. Stephenson wasj reappointed trustee of the county seminary fund for one year from that date. He resigned, however, at the following- ]\Iarch session and Albert B. Cole was appointed in his stead. In 1833, at the Jannary session of tlie Board of Commissioners, the trustee filed a report of the condition of the county seminary fund, of which the following is an abstract :

The al)o\"c report liaxiiiL;' been liled and aeeepled. the 1)oar(l reappointed A. 1>. Cole as trustee of tliat fund, lie continued in that i)osition until January. iS^f). and was then succeeded \)y j. (i. lUn'ns, who. in turn, was succeeded 1)\- II. W. Clark at the January session. 1S37. Mr. Clark was reappointed in January. 1838. and remained in office until the March session of the hoard, 184J, at which time T. T. Butler was apl)ointed to succeed him. Afr. Butler was at^'ain a])- pointed in the March term. 1843, ^^^^^ served during that and the succeeding year, when the statute of 1843 took etYect.

The county board took the necessary preliminary steps toward securing a suitable tract of ground in the \icinity of Nobles\ille, whereon to erect a countv seminary building. Pursuant to the provisions of that statute, the county board, at its June session. 1844. ap- ])ointed Earl S. Stone, with instructions to purchase a suitable tract of land in the name of the State of Indiana, for the purpose of erecting a seminary, also directing the auditor to give a draft in payment out of any moneys in his hands belonging to the seminary fund. , And. "whereas, it is the intention of this board to build a county seminary, the auditor is ordered to collect the seminary fund in and rescr\-e it from loan, to the end [ that it might be in readiness when needed for such j^ur- ; pose." I and Georo-e Simpson were appointed a committee to procure suitable plans with estimates of the cost for a county seminary buildino-, and report the same for consideration at a subsecjuent session. Afterward Prof. Sanuiel K. llashour. an eminent educator of the State and a successful practical teacher, submitted to the board a ])lan for such building, which was duly considered. .Xgain. at the September session. 1846. J. Elder, an architect and Iniilder of Indianapolis, submitted further plans and specilications. for which he was allowed Si 0.00. The 1:)oard thereupon ordered that an advertisement be inserted in the Indiana State Sentinel at Indianapolis, giN'ing notice that proposals would be received on Friday after the first Monday in December following, to construct a county seminary building according to the plans and specifications on file in the auditor's ofiice. Accordingly, at the December session, 1846, the following proposals were submitted: John D. Cottingham. Thomas J. Lindsey and Joseph Bauchert proi)ose(l to erect the building for ^1^2. 089. William Bauchert proposed to erect the Iniilding for $1,993.50, and for $2,100.00 he would build and furnish it with window shutters. Isaac \\'illiams. Thomas W. Leonard and John Fisher would build it for $2,100.00. Suel Wyllys proposed to build it lor v$2.050.9T. After a careful examination and comparison of these several proposals, the contract was finally let to William Bauchert as the lowest bidder, all thinsrs considered. The build- iii^- was to be of l)rick, 32x45 feet and two stories high, the first story ten feet and the second twelve feet. The l)uilding prog'ressed slowly and was not entirely completed in the fall of hS^o. Hence, at the session of the board held in December of that year Jesse Lutz, T. T. lUitler. John 1\ Cox, John D. Stephenson, A. B. Cole and John G. Burns were appointed seminary trustees to receive the bnildino- and take char£j;e of the same, as provided by law. .The last two named held their office but one year, the statute requiring that one-third of the number first appointed should go out of office ever\ year and their places be filled by new appointments. These trustees were appointed under the requirements of section 31 of the statutory provisions relating to the management of count\ seminaries, which reads : "Whenever said board shall ha\e erected such building and shall determine to organize a county seminary therein, they shall appoint six citizens of the county, who shall constitute a board of trustees for said seminary." The next section provides that "the said trus tees shall all be a body corporate and politic, and shall elect one of their owm body as president, and shall have power to appoint a clerk, such president and clerk being removable at the pleasure of the board of trustees.'' It Avas the duty of the board to employ all teachers and dc termine the course of instruction to be pursued, fix the compensation of the teachers so cmi:»loyed and of the clerk of the board, ap])r()priate for the pa\nicnt of such teachers and clerk and utlier incidental expenses, the tr.ition fees and snch i)art of the principal and interest of the seminary fund as the Board of County Commissioners might designate and set apart for that purpose. It was the duty also of the County Commissioners to. exercise jurisdiction in all matters relating to the seminaries of their respective counties, and take cognizance of supervision, and inquire into the management of the seminary affairs.

At the September session, 1851, the board appointed Josei)h M. jNIallory to examine the county seminary building, compare the work with the plans and specifications and recei\ e the same off the hands of William fiauchert, the contractor, if said contract had been fully complied with. The board then, at the December session, 1851, appointed another board of seminary trustees, consisting of John G. Burns, Jesse Lutz, T. T. Butler, A. B. Cole, J. M. Mallory and David Moss, the two first to serve one year, the two second to serve two years and the tv.'o last to serve three years. After considerable delay the board, at the September session, 1852. api:)ointed A. B. Cole to receive the seminary off the hands of the contractor, William Bauchert, and cause it to be completed according to the contract, and to keep the same in repair at the expense of the patrons of the school then in progress. From that time forward the building was generally occupied. It was situated on South Tenth Street, where the Second Ward school building now stands.

Tlio lcL;"islati\ o Ixxly of this Slate comcucd fur the in-st time after the a(l(i])ti()ii of tlie new Constitution in 1S31. Article \ iii of the constitution of huhana provides for tlie creation of the connnon school fund.

As early as the year 1S33 the examination of teachers was provided for by law. The enumeration of chil- (h'en of school age and for school purposes had also been provided for. Legislation since the acts of 1852 has all been had with a view to perfecting the common school .system and to increase the school fund. County superintendents ha\'e been ]:)ro\i(led for. Discretionar\- power has been lodged with the several township trustees in the erection of school buildings and so on, so that there is now no doubt as to the stability of the school system.

Prior to the }ear 1846 the poor of the county were kept by ^arious persons throughout the county, and the kecjoing paid for l\v the J'oard of Commissioners. At that date no buildings had been erected in which they could be kept. At the 3ilarch session of the board in the year 1846 the board contracted with Abner 1'. Jones for the erectioi of a double log cabin to be used as an asylum for the poor. This cabin contained two rooms, each ten feet in the clear, eight-foot story, made of round logs scutched down inside, rough plank floor, clapboard roof, one door and one w indow to each room. Mr. Jones received for constructing- and finishing this building $2.4.00. At the same session of the l)oard Jesse Fisher was employed liy the board as superintendent of the poor for one year, Jesse Fisher to have the l)uil(Hng"s on eighty acres of land free of rent and to board, clotlie and lodge the poor, on an average of seven persons, at and for the price of $300.00 per year, |)ayable cpmrterly, the l)oard to furnish the rooms used 1)y tlie paupers.

At the June session of the board, in 1846, the superintendent made and filed his first re]:)ort, showing that he had at that time in his charge eight paupers. Five of those he receixed from the overseer of the poor of Clay Township, April 21st, 1846. The sixth pauper he received from the overseer of \Vhite River Towaiship on the 4th of May. 1846. The seventh was received on May 4th, 1846, from the overseer of Wayne Township. The eighth was received from the overseer of Noblesville Townshi]). This report shows that the overseer up to that date had recei\'ed from the county for the use of the poor four straw beds, four bedsteads, four cords, two feather beds, four blankets, eight pillows, ten pillow cases, twelve sheets, four comforts, twelve chairs and one chamber. The overseer's report showed that for the accommodation of the poor in his charge he needed one more room and two more chambers.

thc i)laiis of l)nil(lings and the domestic affairs of the institution, until in the course of years, radical clianges l)ecanie a necessity. .\t the ^Farch term of the Commissioners' Court, in 185J. a plan was adopted for a county asyhnn, and a contract let for the construction of such build iui^" on. the ]ioor farm for the sum of $1,366.00, of which sum he was allowed the one-third part in advance. William Bauchert was the successful bidder. Subsequently, at the December session, 1856, a series of rules and regulations consisting of thirteen was adopted by the board, prescribing the manner, style and conduct of all occupants, including the duties of the superintendent. William Bragg was reappointed superintendent of the asylum for the poor, subject to the regulations aforesaid. A special session of the board met on the 3d day of July, 1857, called for the purpose of receiving bids for the erection of an asylum for the poor. After a comparison of the specifications and I)ids for the purpose, the contract was awarded to John Fisher for building the walls; to Eli Giger, A. Giger, Daniel Reedy and Isaac ^Villiams for the carpenter w^ork and painting, and to Thomas J. Lindsey for plastering the same. The building was of brick, twenty-eight feet front by thirty-two feet back; the front twenty-eight feet by sixteen feet l)ack, two stories high; the remaining ]X)rtion back to be one story high. .\t the sj^ecial session of September 19, 1857, upon examination, the walls erected by John Fisher were re- cci\ c(l from him, an.l al Uic regular December session of thai year ihe work ol phisterino- uas accepted as satisfactory at the price of v$i 51.00.

At tlie same session the board purchased of A. H. Conner ei-hty acres of land which adjoined the eightyacre tract then owned by the county. No additional nnpro\ements were made for a number of years thereafter.