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St. Joseph County, Indiana - The City of South Bend, 1907 (part 1 of 11)

From A History of St. Joseph County, Indiana, published 1907. 15,820 words, reproduced complete and unedited. Source changes inside the text are labelled in place.

Contents

5 sections

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Parts

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The text

15,820 words

Machine-read from scans of A History of St. Joseph County, Indiana, published 1907. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.

The City of South Bend

Sec. 1. - The Michigan Road. - "At this point is a beautiful site for a town." These words, written in 1828, are found entered on the field notes of the second survey of the ^Michig^an road. The point referred to is where the survey of the road reached the south bend of the St. Josaph river - the site on which the town, now city, of South Bend wa,s afterward founded, and where it has flourished in a far greater degree, no doubt, than the prophetic surveyor could then have anticipated. It is quite certain that the construction of the Michigan road to the south bend of the St. Joseph river, according to the second survey, instead of running it directly from Logansport to Michigan City, across the marshes, as contemplated in the first survey, had a decided influence in promoting the early growth of the town.* Yet the place was an important trading point for several years before the coming of the road and even before any survey was made.

Sec. 2. - Names Given to the Town. - As we have already seen, Alexis Coquillard established an Indian trading post at this point in 1823.^ He was agent of the American Fur company and his trading post was called the Big St. Joseph's Station, to distinguish it from another trading post at Fort Wayne, on the little St. Joseph river, conducted for the same fur company by his father-in-law, Francis Comparet.

We have likewise seen that, in 1827, Lathrop Minor Taylor, or Col. L. M. Taylor, to use the name by which he is generally known, established a trading post here, as agent for Samuel Hanna & Co., of Fort Wayne.'* The Northern Indiana Historical Society has come into possession of Col. Taylor's account books. The opening entry on these books is dated at "St. Joseph's, Indiana," October 29, 1827, and the name "St. Joseph's" is retained throughout the books of the company. Indeed, it would seem that this was for some time the recog-nized name of each of the trading posts. Years afterwards, when these trading posts had developed into a town, and the ambitious citizens became dissatisfied Avith the name of South Bend, which to them seemed plebeian and meaningless, public meetings were held to consider other names for the incipient Queen City of the St. Joseph Valley ; and among the names then suggested was this old one of St. Joseph's or St. Joseph. At that time, and even long afterwards, serious efforts were made for the revival of the original name given to the trading posts of Coquillard and Taylor.

In 1829 a post office was established, and on June 6, 1829, Lathrop ]\I. Taylor was commissioned as first postmaster. In connection with the establishment of the post office is the mystery of still another name for the new town. In Mr. Taylor's commission he was appointed postmaster at "Southold, Allen county, Indiana." The county of Allen then extended over this part of Indiana, but no one ha.s ever given a satisfactory explanation of Southold as the name of the town. There is a town of this name in Sufitolk county, New York, on the coast of Long Island sound, and, for want of a better explanation, the supposition has been entertained that an official connected with the post office department and having some charge of the appointment of post masters, may have been familiar with this town of Southold, on Long Island, and so have designedly or by mistake suggested the name for the new town on the banks of the St. Joseph. This, however, is mere conjecture, and the origin of Southold as a former name of our city is yet to be discovered. The name was retained but a short time, and on October 18, 1830, the United States authorities directed the name of the post otftce to be changed to South Bend, which has since been retained. It has been said that the origin of this name is due to Alexis Coquillard, but it is plain that the name came naturally from the location of the town upon the river. Up to a recent time the place was often referred to, simply as "The Bend," and even yet one occasionally hears this irreverent appellation applied to the fair metropolis of northern Indiana. From the most remote time, the great south bend of the Big St. Joseph's was, to the red man, and to the white man, as it is to the geologist of our day, the most remarkable natural phenomenon of the region south of the great lakes. The portage of the St. Joseph was hardly more noted than the bend two miles up the river: and it was for a time uncertain at which of these historical points the coming town would be built, whether at the "Portage" or at the "Bend.'

As a matter of fact, as we have already seen, two efforts were made to build a town at the portage, but Mr. Brookfield's old "St. Joseph" and Judge Egbert's "Portage" are both among the towns that were.* at the bend should be referred to as "The Bend," even before it w'as formally given that name. It is an instance in which the name was given to the locality long before the existence of the town itself. The town was l)uilt at the bend, and hence called "The Bend." Some dignity was added to the woodsman's simple designation by prefixing to it the word "South," suggested by the location of the bend, strengthened also, perhaps, ))y the accidental name of Southold first given to the post office. South Bend it is, and South Bend it will be, for the people have become attached to the simple and expressive, even if homely, title that has come down to us from that geological catastrophe which turned the Kankakee from its ancient bed and swept it. in this noble bend from the south, until it found its way, as the St. Joseph, into the waters of Lake Michigan."

Sec. 3. - The Original Plat of South Bend. - The town of South Bend was laid out l)y Alexis Coquillard and Lathrop M. Taylor on the 28th day of March, A. D. 1831. The dedication and description, as entered on the recorded plat, are in the following words :

"The aforesaid town is laid off on the ncn^thwest fractional quarter of section numl)ei' twelve and on the southern part of the soutliwest fractional (juarter of section number one, of township number thirty-seven north, and range number two ea,st of the second principal meridian of the State of Indiana. Each lot is ten rods east and west and four I'ods north and south, containing one (juarter of an acre. The fractional lots, accf)rding to the number of feet and I'ods marked on the sides of said lots. The alleys, running east and west, north and south, through the center of each square, are fourteen feet wide. Lots numbered two hundred and forty-seven, two hundred and forty-eight and two hundred and forty-nine are hereby donated foi- the i)uriK)se of building a courta. Chap. 1, Subds. 2 and 7.

house and gaol ou, whenever the county seat of said county may be established at the town aforesaid. And lots numbered sixty-seven and two hundred and eight are hereby donated to said town of South Bend for the use and purpose of erecting school houses thereon. And lot numbered three hundred and twenty-one is hereby donated to the INIethodist society, for the purpose of erecting a church thereon. And also lots numbered one hundred and seventeen and one hundred and eighteen are hereby donated to the Catholic church for the purpose of erecting suitable buildings for a church thereon.

"In testimony whereof, the said Alexis Coquillard and Lathrop M. Taylor, proprietors of said town of South Bend, have hereunto set their hands and seals this 28th day of March, in the year of our Lord one thousand, eight hundred and thirty-one.

"On this 28tb day of March, A. D. 1831, Alexis Coquillard and Lathrop M. Taylor, the proprietors named in the foregoing instrument and town plat of the town of South Bend, personally appeared before me, one of the associate judges of the St. Joseph circuit court in and for said county, and severally acknowledged the signing and sealing of the aforesaid instrument of writing, and the aforesaid plat, to be their own free act and deed for the purposes therein expressed.

William Brookfield, who took the acknowledgment of the foregoing plat, as associate .judge of the St. Joseph circuit court,<^ was himself also the surveyor of the plat, as apc. As to Mr. Brookfield's office of Associate Judge, see note to "Circuit Court," Cha^. 6, Subd. 2, Sec. 4.

Sec. 4. - South Bend the County Seat. - We have seen, in chapter fifth of this work, that the town of St. Joseph, as laid out by William Brookfield at the old portage, was the first county seat of St. Joseph county; that, on petition of the people of the county, the legislature, by an act approved February 1, 1831, appointed commissioners to re-locate the county seat; and that on May 12, 1831, the commissioners so appointed, after having met at the house of Mr. Brookfield, and ' ' after making all the examinations, ' ' re-located the county seat at South Bend.*

The master hand of Alexis Coquillard was shown in the change of the county seat. Mr. Coquillard "s house was at first the only convenient building in the county for holding the meetings of the county board, and was, therefore, in fact, the seat of the county government, even though the legal seat of justice was nominally at the projected town near the portage. Considering, therefore, that for the first years of the county's history the actual place of government was at the residence of Mr. Coquillard, it may be said that South Bend was always the real coimty seat, even during the short time that the town of St. Joseph was the nominal seat of government.

But it was not enough that the county business was actually done at South Bend, or rather "at the house of Alexis Coquillard," to use the expression in the records. It was also necessary that South Bend should be the county seat according to law. The steps in bringing about the change taken in chronological order, were : Firet, The petition prea. See "Location of the County Seat," Chap. 5, Subd. 7.

sented to the legislature, in December, 1830, signed by one hundred and twenty-five citizens of St. Joseph county, praying for a relocation of the county seat; Second, The act approved February 1, 1831, appointing commissioners to consider the question of re-location, and to act thereon as they should .judge best; Third, The platting of the town of South Bend, IMarch 28, 1831; Fourth, The meeting of the legislative commission, on May 9, 1831; Fifth, The concessions made by Coquillard and Taylor, in addition to those shown on the original plat, to wit: Fifteen lots given to the county; lot three hundred and fortj^-one given to the United Brethren church; lot four hundred and three to the German Baptists ; lot two hundred and thirtyfour to the Presbyterians; four acres to the town for a cemetery ; also three thousand dollars in cash to the board of county commissioners for the use of the county of St. Joseph. All these additional donations were made "in consideration that the county seat of St. Joseph county, in the state aforesaid, shall be permanently located at the South Bend, in said county." As to the title to the lots the further agreement was made that they were "to be legally conveyed in a reasonable time after the patents shall have issued to the said Coquillard and Taylor, in consideration that the county seat shall be permanently located at South Bend, in said county." To secure the donations, Coquillard and Taylor executed their individual bond, and also filed the written guaranty thereof, signed by Samuel Hanna, Joseph Rohrer, Samuel Studebaker and David H. Colerick; Sixth, The conclusion of the legislative commission, May 12, 1831, after receiving the foregoing concessions and after an examination of "the present seat of justice for said county," was "that public interest requires a removal of said seat of justice." Thereupon they "immediately proceeded to select a suitable site for the county seat of said county of St. Joseph ; and, after making all examinations required by law,

Thus was the town, - called at first "The Bend," then the "Big St. Joseph's Station," then "St. Joseph's," then "Southold," and finally "South Bend," - brought into existence - platted March 28, 1831, and made the permanent county seat of St. Joseph county May 12, 1831. In chapters fifth and sixth of this history, in detailing the early chronicles of the county, we have given further particulars of the early history of the town. As the county seat of St. Joseph county, the history of the county for a long time necessarily included the greater part of the history of the town, and it is not necessary to repeat these details in the present chapter.

Sec. 1. - The First Incorporation. - Although the town was platted and made the county seat in 1831, yet there were no steps taken to secure an incorporation until 1835, when a petition for that purpose was laid before the board of county commissioners. On Tuesday, September 8, being the second day of the September term, 1835, the board of county commissioners made the following order:

"Ordered, that the sheriff: of said county give notice to the citizens of South Bend, by advertising the same, to meet at the court house, in the town of South Bend, on the 3rd day of October next, and then and there to elect trustees for the incorporation of the town of South Bend. The said order was granted on petition of the two-thirds of the citizens of South Bend filed."

The election was held on October 3, 1835, as ordered, and the following board of town trustees elected: William P. Howe, Horatio Chapin, Peter Johnson, John IMassey and James A. Mann. Horatio Chapin was chosen as the first president of the board. In 1837 Edmund Pitts Taylor, brother of L. M. Taylor, was made president, and Francis R. Tutt

Sec. 2. - The Second Incorporation. - But, as shown in a previous chapter, local conditions grew better in a few years. ** By a special act of the legislature, approved December 28, 1842, the South Bend Manufacturing Company was incorporated. The object of this organization was to finish the dam across the St. Joseph and so make use of the powder of the river. This work was begun during the spring of 184:3, and^ in 1844 the dam was completed, together with a mill race on each side of the river. This great accomplishment roused the people to a realization of the fine prospects before them for building up a great manufacturing town at the south bend of the St. Joseph.

The old prophesies were about to come true. Coquillard, in 1823. had no-t established the ''Big St. Joseph's Station" in vain, nor had Taylor, in 1827, been mistaken in following with another Indian trading post, at "St. Joseph's, Indiana," nor, in 1828, did the surveyor of the Michigan road err in judgment when he wrote on the face of his field notes: "At this point is a beautiful site for a to\\Ti,'' nor was that correspondent of the Indianapolis Journal deficient in mental vision, who, under date of November 30, 1830, wrote the following :

"Having lately traveled through the north part of Indiana, I am of the opinion that a description of it will not be without interest to your readers. Traveling west, I passed the southern bend of the St. Joseph river, at the intersection of the IMichigan road, where it is supposed the seat of justice of St. Joseph county will ere long be established. This town, I have no doubt, will in a very few years become one of the most important towns north of Indianapolis, and it is a misfortune that the law of the last session authorizing the partial opening of the Michigan road, did not

So, with the panic past, the Michigan road became a great north and south thoroughfare, the boats up the St. Joseph bringing here the commerce of the lakes, the county seat fixed, the mill dam and the two mill races completed, the population rapidly increasing, and, in a word, all the early anticipations far on the way to fulfillment, it was high time to start again the wheels of local government. By reason of the failure to elect officers or to keep up the meeting of trustees formerly elected, it was a matter of doubt whether the original incorporation had not altogether lapsed. In this dilemma it was thought best to apply to the legislature for a special charter, as might be done under the constitution of 1816, then in force. This course was accordingly taken, and, by "An act incorporating the town of South Bend, St. Joseph county, Indiana," approved Januarj^ 15, 1844,""^ the new charter was granted, as follows :

"Section 1. Be it enacted by the General Assembly of the State of Indiana, That Benjamin F. Price, William H. Patteson, John Brownfield, Abraham Wilson and Bicketson Burroughs be and they are hereby appointed trustees of the corporation of the town of South Bend, St. Joseph county, Indiana, to serve as such until the first Monday in March, 1845, and until their successors are elected and qualified, as hereinafter directed.

"See. 2. That the said trustees, at their first meeting, after the passage of this act, shall elect a president from their own body, whose duty it shall be to preside at all meetings of the board and preserve order, put all questions, and upon an equal division of the board, give the casting vote, and at the close of each meeting shall sign the minutes of the same. And the said trustees shall also, at said meeting, or as soon after as may be convenient, appoint all officers necessary to carry into effect the provisions of this act, and

"See. 3. The said president and trustees of said town and their successors in office shall be a body politic and corporate, with perpetual succession, by the name and style of 'The President and Trustees of the Town of South Bend.' "

By other sections of the act, the following additional provisions were made : The first election was fixed for the first Monday in March, 1845, and annually thereafter on the first Monday in March each year. The town was to be divided into five wards, and one trustee elected from each ward. Trustees should be residents of the wards from which they were elected. It was provided that the limits of the corporation should extend to and embrace the original plat of the town, with all additions of in-lots or out-lots "which have been or hereafter may be made thereto." The right to amend or repeal the charter was reserved by the legislature. The old incorporation was expressly dissolved, but not so as to impair the deed made March 1, 1841, by Alexis Coquillard for the cemetery west of the town.

By an act approved January 19, 1846,« certain amendments to the foregoing charter were made, chiefly affecting the assessment and collection of taxes. These provisions were also made applicable "to the charter of the village of St. Joseph Iron Works, or Mishawaka, in said county."

Sec. 3. - The Officials of the Town. - The trustees named by the legislature, chose John Brownfield as president and William H. Patteson as clerk. The same board, appointed Dr. William A. Brown, Dr. Daniel Dayton, Dr. E. S. Sheffield, Dr. A. B. Merritt, Dr. Louis Humphreys, Mr. A. M. Lapierre and Mr. B. F. Miller as a board of health. The duties of this board were of unusual importance by reason of an epidemic of small pox then prevalent in the town. John Hooper was

The first election under the new charter, as required by the statute, was held on Monday, March 3, 1845; and resulted in the election of the following named trustees : John Brownfield, Benjamin F. Price, William H. Patteson, Ricketson Burroughs and Joseph Andre. The trustees selected John Brownfield as president; Charles M. Heaton, as clerk; Schuyler Colfax, as assessor; Albert Monson, as treasurer; and William Suavely, as marshal.

The names of the subsequent town officers, elected and appointed, so far as can now be learned, are set out below. In some years there were no elections, the old officers holding over; and in other cases we have no record of the officers elected or appointed. The officers, so far as known were as follows :

1851. - President, Matthias Stover; Trustees: David P. Gerberck, Charles A. Stover (resigned), Lathrop M. Taylor (appointed to fill vacancy), A. G. Deavitt, John Becraft; Clerk, Daniel Matthews; Treasurer, John Brownfield ; Assessor, Jacob Hardman ; Marshal, John Becraft.

1864. - President, John A. Henricks ; Trastees, Charles W. Martin, William Miller, Esq., (father of General John F. Miller, so called to distinguish him from William Miller, afterwards Mayor), Aaron A. Webster, Ulrich Foegley; Clerk, George H. Alward; Treasurer, George W. Matthews; Assessor, Elisha Sumption; Marshal, Daniel Roof.

Iii. The City Government

In 1865, the town organization came to an end, and South Bend was incorporated as a city. On May 8, 1865, John H. Keedy and two hundred and eighty-five others presented a petition to the trustees of the town praying for an incorporation as a city. Thereupon it was ordered by the board of trustees that an election be held at the sheriff's office in the court house, on Monday, May 22, 1865, between the hours of nine, A. M., and four, P. M., to determine whether said town should be incorporated as a city.

The election resulted in favor of a city organization. At a special session of the board of town trustees, held on Friday, June 2, 1865, the report of the election was laid l)efore the board, whereupon the following preamble and order were made and entered of record:

"Whereas, at an election held on the twenty-second day of May, 1865, the citizens have decided by a large majority (286 ayes, 194 nays) that the town of South Bend should be incorporated as a city :

"Ordered, that the city be divided into three wards, and that an election be held on the fifth of June, 1865, for the election of officers. ' '

The first city officers, elected on Monday, June 5, 1865, and all subsequent city officers for eaeh year, to this date, are here set out in full :

Section 1. - Officers. - Chronological table of Municipal Officers of the City of South Bend from its incorporation. May 22, 1865, to July 1, 1907 : erty, Clerk ; John H. Spain, Treasurer ; Jacob K. Huston, Marshal; Elisha Sumption, Assessor; Rufus Rose, Civil Engineer; A. B. Wade, City Judge; J. A. Hartman, Street Commissioner. Councilmen - First Ward, William Miller and John Klingel ; Second Ward, T. S. Stanfield and David Stover; Third Ward. Isaac Ford and A. B. Merritt.

1867. - W. G. George. Mayor; Jolin Hagerty, City Clerk ; Joseph B. Eaker, Treasurer : W. Carlton, Marshal; Matthias Stover, Civil Engineer; A. B. Wade. City Judge; J. A. Hartman, Street Commissioner. Councilmen - First Ward, S. F. :\Iyers and William Miller ; Second Ward, T. S. Stanfield and David Stover; Third Ward, T. W. Defrees and A. B. Merritt; Fourth Ward. A. Russwurm and Samuel Parry.

Caldwell, Street Commissioner. Councilmen - First Ward, John H. Keedy and William Miller; Second Ward, Lucius Hubbard and Clement Studebaker ; Third Ward, T. W. Defrees and Adam Bernhard ; Fourth Ward, A. T. Coquillard and A. C. Staley.

1871. - Louis Humphreys, Mayor; David M. Rennoe, Clerk; John G. Maughermar, Treasurer ; George W. Foulke, Marshal ; George Pfleger, City Judge; John R. Foster, City Attorney; Lea P. Johnson, Assessor; Matthias Stover, Civil Engineer; Cassius Caldwell, Street Commissioner. Councilmen - First Ward, William Miller and Irvin Skinner; Second Ward, Luciu.s Hubbard and Clement Studebaker; Third Ward, Adam Bernhard and Elliott Tutt ; Fourth Ward, A. C. Staley and A. T. Coquillard.

1872. - William Miller, Mayor; David M. Rennoe. Clerk ; John G. ]\Iaughermar, Treasurer; J. A. Hartman, Marshal; Mark Whinery, City Judge; Edward Egbert, City Attorney ; Lea P. Johnson, Assessor ; William M. Whitten, Civil Engineer: Charles Zigler, Street Commissioner. Councilmen - First Ward, Irvin Skinner and Charles Hartman; Second Ward, Clement Studebaker and John R. Foster: Third Ward. Elliott Tutt and Alex. Staples; Fourth Ward, A. T. Coquillard and X. S. ]\Iarsh.

Street Commissioner. Councilmen - First Ward, Joseph Warden and A. Defree^; Second AVard, Seeley R. King- and A. N. Thomas; Third Ward,, T. W. Defrees and M. N. Walworth ; Fourth Ward, Peter Weber and Simon Raff; Fifth Ward, William Simmons and J. ^I. Asire.

1875. - William :\Iiller. Mayor; E. W. Hoover, Clerk; Jacob N. Masses', Treasurer; Robert Hardy, ^Marshal; John Hagerty, City Judge; Edward Egbert, City Attorney; George W. Sumption, Assessor; William M. Whitten, Civil Engineer; Charles Zigier, Street Commissioner. Councilmen - First Ward, A. Defrees and Ricketson Burroughs ; Second Ward, A. X. Thomas and Robert Harris; Third Ward, M. N. Walworth and A. J. Jaquith; Fourth Ward, Simon Raff and Dwight Deming; Fifth Ward, J. M. Asire and Lester F. Baker.

1876. - A. X. Thomas, Mayor; E. W. Henricks, Clerk; D. C. Rush, Treasurer; George Bernhard, Marshal : William L. Farr, Assessor; John Brownfield, Jr., City Attorney; William M. Whitten, Civil Engineer; Charlas Zigier, Street Commissioner. Councilmen - First Ward, Ricketson Burroughs and Daniel Dayton ; Second Ward, Robert Harris and E. P. Taylor; Third Ward, A. J. Jaquith and W. W. Giddings; Fourth Ward, Dwight Deming and L. A. Hull; Fifth Ward, L. F. Baker and L. R. Richardson.

1877. - Alexander X. Thomas, Mayor ; E. W. Henricks, Clerk; D. C. Rush, Treasurer; George Bernhard, Marshal; William L. Farr, Assessor; John Brownfield, Jr., City Attorney; William M. Whitten, Civil Engineer; Charles Zigier, Street Commissioner. Councilmen - First Ward, Daniel Dayton and Ricketson Burroughs; Second Ward, E. P. Taylor and George F. Xevius; Third Ward, W. W. Giddings and H. C. Crawford ; Fourth Ward, L. A. Hull and Jonas Lontz ; Fifth Ward, L. A. Richardson and S. W. Palmer.

1880. - Levi J. Ham. Mayor; Fred B. W^illiams, Clerk; D. C. Rush. Treasurer; George Bernhard, Marshal; William L. Farr, Assessor ; John Hagerty, City Attorney ; Arthur J. Staee^ Civil Engineer; A. Defrees, Street Commissioner; John M. Studebaker, A. C. Staley, Jacob Strayer, Water Works Trustees. Councilmen - First Ward, Sorden Lister and Irvin Skinner; Second Ward, Joseph Henderson and David Stover; Third Ward, W. W. Giddings and James Butler; Fourth Ward, J. A. Xeuperth and T. E. Howard; Fifth Ward. AA^illiam S. Weaver and George W. Loughman.

John C. Birdsell, Sr., X. P. Bowsher, William ^lack. Water Works Trustees. Councibnen - First Ward, T. E. Knoblock and Sorden Lister; Second Ward, Robert Harris and John Yant ; Tliird Ward, Frank Kowalski and Cornelius Hagerty ; Fourth Ward, J. C. Dille and Martin Hoban; Fifth Ward, A. J. Eudduck and W. S. Anderson.

1889. - William H. Longley, Mayor; David Casey, Clerk ; Jolin Wagener, Treasurer ; L. T. Stover, Marshal; T. E. Howard, City Attorney; William M. Wliitten, Civil Engineer; James Butler, Street Commissioner; R. L. Braunsdorf, Charles H. Pavey, Alex. Staples, Water Works Trustees. Councilmen - First Ward, Henry F. Elbel and A. S. Ginz, Second Ward. Hanford T. Roberts and Chris. Fassnacht ; Third Ward, Adam AVeaver and Peter Makielski; Fourth Ward, Joseph E. Robert and J. F. Weiss; Fifth Ward, Joseph E. Williams and Thomas A. Kerr.

1890. - William H. Longley. Mayor; Cornelius Hunt, Clerk; John Wagener, Treasurer; Lewis T. Stover, Marshal; T. E. Howard, City Attorney; William M. Wliitten, Civil Engineer; A. Defrees, Street Commissioner; Jonathan Mathews, Water Works Trustee. Councilmen - First Ward, A. S. Ginz and Henry F. Elbel ; Second Ward, Chris. Fassnacht and Hanford T. Roberts; Third Ward, Alex. Rex and Jeremiah Hagerty ; Fourth Ward, J. F. Weiss and John Taggart; Fifth Ward, Thomas A. Kerr and George Kerner; Sixth Ward, Peter Makielski and Chas. V. Korpal; Seventh Ward, Joseph E. Robert and AI. J. Roach.

1891. - William H. Longley, Mayor; Cornelius Hunt, Clerk; John Wagener, Treasurer; Lewis T. Stover, Marshal; T. E. Howard, City Attorney; William M. Whitten, Civil Engineer; A. Defrees, Street Commissioner; S. L. Brubaker, R. L. Braunsdorf, Charles Pavey, AVater Works Trustees. Councilmen - First Ward, A. S. Ginz and Henry F. Elbel; Second Ward, M. J. Worrell and Hanford T. Roberts; Third Ward, Jeremiah Hagerty and Fred Schafer ; Fourth Ward. John F. Weiss and John Taggart ; Fifth Ward, Thomas A. Kerr and George Kerner; Sixth Ward, Valentine Duszynski and Chas. V. Korpal; Seventh Ward, M. J. Roach and Joseph E. Robert.

1892. - David R. Deeper, Mayor; Louis A. Hull, Clerk; Will A. Rutherford, Treasurer; Benjamin H. Rose, Marshal; 0. M. Cunningham, City Attorney; William M. Whitten, Civil Engineer; A. Defrees, Street Commissioner; Chas. M. Collins, Chas. W. Clapp, Chas. Brehmer, Water Works Trustees. Councilmen - First Ward, J. B. Haberle and A. S. Ginz; Second Ward, James H. Roberts and M. J. Worrell ; Third Ward, Fred Schafer and Jeremiah Hagerty; Fourth Ward. Addison McNabb and J. Ed. Skillman ; Fifth Ward, Chris. Sieg and Thomas A. Kerr ; Sixth Ward, Frank Gonsiorowski and V. Duszynski ; Seventh Ward, S. C. Schmidt and M. J. Roach.

1893. - David R. Deeper, Mayor; L/ouis A. Hull, Clerk ; Will A. Rutherford, Treasurer ; Benjamin H. Rose, Marshal; Joseph G. Orr, City Attorney; William M. Whitten, Civil Engineer ; A. Defrees, Street Commissioner ; Chas. M. Collins, Chas. W. Clapp, Chas. Brehmer, Water Works Trustees. Councilmen - First Ward, J. B. Haberle and A. S. Ginz; Second Ward, James H. Roberts and W. B. Russell; Third Ward, Fred Schafer and Jeremiah Hagerty; Fourth Ward, Addison McNabb and J. Ed. Skilhnan; Fifth Ward, Chris. Sieg and Thomas A. Kerr; Sixth Ward, Frank Gonsiorowski and Anton Bilinski ; Seventh Ward, S. C. Schmidt and M. J. Roach.

1894. - David B. J. Schafer, Mayor; Louis A. Hull, Clerk; Will A. Rutherford, Treasurer; Wilbert Ward, City Attorney; Dr. C. Stoltz, Health Officer; AVilliam M. Whitten, Civil Engineer; John Yant, Street Commissioner; Otto M. Knoblock, Chas. M. Collins, Chas. W. Clapp, Water Works Trustees. Councilmen - First Ward, Isaiah H. Unruh and J. B. Haberle; Second Ward, iMarcus W. Doolittle and James H. Roberts ; Third Ward, Peter B. Johnson and Fred Schafer; Fourth Ward, J. Ed. Skillman and Addison McNabb ; Fifth Ward, Albert G. Harliii and Chris. Sieg ; Sixth Ward, Anton Bilinski and Frank Gonsiorowski; Seventh Ward, Patrick A. Joyce and S. C. Schmidt.

urer; Wilbert Ward, City Attorney; Dr. C. Stoltz, Health Officer; Wm. M. Whitten, City Engineer; John Yant, Street Commissioner; Otto M. Knoblock, Chas. M. Collins, Chas. W. Clapp, Water Works Trustees. Coimcilmen - First Ward, J. B. Haberle and I. H. Unruh; Second Ward, J. H. Roberts and F. W. Doolittle ; Third Ward, Fred Schafer and P. B. Johnson; Fourth Ward, A. McNabb and J. Ed. Skillman ; Fifth Ward, Chris. Sieg and A. G. Harlin; Sixth Ward, Anton Bilinski and F. Gonsiorowski ; Seventh Ward, S. C. Schmidt and Patrick Joyce.

1896. - D. B. J. Schafer, Mayor; Louis A. Hull, City Clerk ; Wm. A. Rutherford, Treasurer; Wilbert Ward, City Attorney; Dr. C. Stoltz, Health Officer; Wm. M. Whitten, City Engineer; John Yant, Street Commissioner; John T. Kelley, Samuel C. Lontz, Wesley Hill, Water Works Trustees. Councilmen - First Ward, Sorden Lister and Isaiah H. Unruh; Second Ward, Thomas V. Evans and Marcus W. Doolittle; Third Ward. Henry Hartzer and Peter B. Johnson ; Fourth Ward, Patrick Joyce and J. Edward Skillman ; Fifth Ward, Henry C. Morgan and Albert G. Harlin; Sixth Ward, Martin Zielinski and Anton Bilinski; Seventh Ward. John W. Files and William Kingsley.

1897. - D. B. J. Schafer, Mayor; Louis A. Hull, City Clerk ; Wm. A. Rutherford, Treasurer; Wilbert Ward, City Attorney; Dr. C. Stoltz, Health Officer; Wm. H. Rosencrans. City Engineer; John Yant, Street Commissioner; S. W. Hill, John T. Kelley, F.' .V. Krzeszewski, Water Works Trustees. Councilmen - First Ward, Sorden Lister and Isaiah H. Unruh; Second Ward, Thomas V. Evans and Marcus W. Doolittle ; Third Ward, Henry Hartzer and Peter B. Johnson ; Fourth Ward, Patrick Joyce and J. Edward Skillman; Fifth Ward, Henry C. Morgan and Albert G. Harlin; Sixth Ward, Martin Zielinski and Anton Bilinski ; Seventh Ward, John W. Fites and William Kingsley.

1898. - Schuyler Colfax, Mayor; Louis A. Hull, City Clerk; Wm. A. Ruiherford, Treasurer; 0. M. Cunningham, City Attorney; Wm. H. Rosencrans, City Engineer; John P. Butler, Street Commissioner; John T. Kelley, John F. Irvin, F. V. Krzeszewski, Water Works Trustees; Schuyler Colfax, J. C. Stover, Dr. H. A. Fink, Board of Health. Councilmen - First Ward, Sorden Lister and John Beyrer; Second Ward, Thomas V. Evans and George A. Knoblock; Third Ward, Henry Hartzer and Frank Essex; Fourth Ward, William Schermann and P. A. Joyce; Fifth Ward, Henry C. Morgan and James N. Thumm; Sixth Ward, Martin Zielinski and Peter Koczorowski ; Seventh Ward, J. W. Fites and W. H. Kingsley.

1899. - Schuyler Colfax, Mayor; Louis A. Hull, City Clerk ; Wm. A. Rutherford, Treasurer; 0. M. Cunningham, City Attorney; Wm. H. Rosencrans, City Engineer; John P. Butler, Street Commissioner; F. V. Krzeszewski, John F. Irvin, William Turnock, Water Works Trustees; Schuyler Colfax, J. C". Stover, Dr. H. A. Fink, Board of Health. Councilmen - First Ward, Sorden Lister and John Beyrer; Second Ward, Thomas V. Evans and George A. Knoblock; Third Ward, Henry Hartzer and Frank Essex; Fourth Ward, William Schermann and P. A. Joyce; Fifth Ward, Henry C. Morgan and James N. Thumm; Sixth Ward, Martin Zielinski and Peter Koczorowski; Seventh Ward, J. W. Fites and W. H. Kingsley.

1900. - Schuyler Colfax, Mayor; Louis A. Hull, City Clerk ; Wm. A. Rutherford, Treasurer; 0. M. Cunningham, City Attorney; John F. Meighan, City Engineer; John P. Butler, Street Commissioner ; Dr. H. A. Fink, Health Officer; John F. Irvin, William Turnock, jMarshel Hughes, Water Works Trustees. Councilmen - First Ward, John Beyrer and Henry F. Elbel; Second Ward, George A. Knoblock and Hugh T. Montgomery ; Third Ward, Frank Essex and J. Henry Hartzer; Fourth Ward, P. A. Joyce and Gustav A. Stueckle ; Fifth Ward, James N. Thumm and James H. ' Loughman ; Sixth AVard. Peter

1901. - Schuyler Colfax, Mayor; Louis A. Hull, City Clerk ; Wm. A. Rutherford, Treasurer; E. P. Stanfield, Comptroller; Wilbert Ward, City Attorney; Alonzo J. Hammond, City Engineer; John 0. Barker, Park Superintendent; J. W. Fites, Street Commissioner; Charles M. Butterworth, M. D., Health Commissioner; Arthur L. Hubbard, Samuel Leeper, Charles L. Goetz, Board of Public Works; R. Orchard Cotton, George W. Feaser, Andrew J. Ward, Board of Public Safety; Peter Kline, Superintendent of Police; Irving W. Sibrel, Chief of Fire Department; A. G. Bailey, Sealer of Weights and Measures; William L. Benitz, City Electrician. Councihnen - Fii*st Ward, John Beyrer and Henry F. Elbel; Second Ward, George A. Knoblock and H. T. Montgomery; Third Ward, Frank Essex and J. Henry Hartzer ; Fourth Ward, P. A. Joyce and Gustav A. Stueckle; Fifth Ward, James N. Thumm and James H. Loughman; Sixth Ward, Peter Koezorowski and Leo M. Kucharski ; Seventh Ward, W. H. Kingsley and M. J. Somers.

Department of Public Works - William A. Mclnerny, President; John W. Papczynski, Edwin Nicar, Nelson H. Kyser, Clerk; Harvey F. Rostiser, Deputy Clerk.

Department of Public Works - William A. Mclnerny, President; John W. Papczynski, Edwin Nicar, Nelson H. Kyser, Clerk; Harvey F. Rostiser, Deputy Clerk.

For the years 1905, 1906 and 1907, the officers were the same as for 1904, with the following exceptions : Councilmen - First Ward, Frank Rogers ; Second Ward, Frank S. Hosinski ; Seventh Ward, Herman Lang ; Second, at large, John A. Hans; Third, at large, Adam Zell. By the Municipal Code of 1905 the name of the office of Comptroller was changed to Controller.

Sec. 2. - Growth. - Wards. - Population. - When the city of South Bend was organized, in 1865, it was divided into three wards, and these continued unchanged for two years. In 1867, Lowell, an unincorporated to-v^Ti on the east side of the St. Joseph river, was annexed to the city and designated as the Fourth Ward. Although additions continued to be made to the city from time to time, yet there was no further change in the wards until 1874, when a large extent of territory having been taken in, on the south and east sides of the city, the Fifth Ward was created. In 1890, there was a rearrangement of the wards, by reason of unequal growth in different sections; and the city was then divided into seven wards, by dividing the fourth into two wards, the Fourth and the Seventh, and creating the Sixth Ward in the southwest part of the city. In 1892, the incorporated town of Myler, lying south of and adjoining South Bend, was united to the city, by the votes of a majority of those voting on the subject, in the city and the town, at an election held in both corporations on May the third of that year. There was some litigation resulting from the act of union, but the supreme court held that the union had taken place according to law.<* The territory of ]\Iyler was attached to the existing wards of the city, without increasing their number. In 1896, the wards were once more rearranged, but not increased sonth side of the city, was made the Seventh In 1831, when the original plat was record- Ward. There has been no further change, ed, and the county seat was located at the except as the wards have been added to from new town, the population was 128 ; in 1840, it time to time, by annexation of adjacent terri- had increased to 728 ; in 1850, it was 1,652 ; tory to the city. Up to the time of the adop- in 1860, 3,833 ; in 1870, 7,206 ; in 1880, 13,392 ; tion of the Special Charter of 1901, the wards in 1890, 21,819 ; and in 1900, 35,999. No estiof the city of South Bend, like those of all mate has placed the population in 1907 at other cities of the state, were represented by less than 50,000; and the people have confitwo councilmen each, one elected every other dence that the census of 1910 wall show the year ; but since the adoption of the charter, good city at the south bend of the St. Joseph and also under the present Municipal Code, to have more than 60,000 inhabitants. "At each ward has been represented by one conn- this point is a beautiful site for a town." cibnan only, while three additional council- Sec. 3. - The Speclvl Charter. - By an men have been elected by the city at large, act approved March 8, 1901," South Bend was The purpose of this change was, undoubtedly, given a special charter, based upon the act of to diminish the importance and power of the March 6, 1891,'' granting a special charter to w^ards, as separate divisions of the city; while the city of Indianapolis. These charters emthe election of three councilmen at large bodied the principles of what has been called would secure an elevation in the character of modem city government. The chief purpose the council, give the city, as a whole, direct was to separate the powers of government into representation in the legislative body, and the three departments, - legislative, adminiswould, almost certainly, result in the election trative and judicial, - after the plan adopted of a majority of the council who should be in in the constitution of the United States and sympathy with the views of the mayor and the several state constitutions, other executive officers of the government. The legislative, or law making, department Effectiveness and harmony of action have was the common council; the administrative thus been given to the city government ; while functions were confided to the mayor and the personal responsibility has been placed upon several officers and boards to be appointed the single councilman from each ward, as well by him ; while the judicial department was as upon the mayor and the heads of the sev- placed in a court presided over by a city eral executive departments. judge.

officer to be acquainted with all the wants of the conununity. By degrees, however, various private and local interests began to have undue influence upon the members of the common council; and as the membei-ship was numerous, and each one particularly interested in his own ward, the responsibility to the city at large could not easily be fixed. In the new form the council was confined to its proper functions, - the making of laws and ordinances; the responsibility of enforcing .these laws and ordinances, as well as the general laws of the state, was placed in charge of the mayor and his appointees, while punishment for the violation of the laws and ordinances was entrusted to the city court, instead of, as. formerly, to the mayor and his court. The new system gave entire satisfaction to the people of South Bend, as it did to the people of the other cities of the state where it was adopted.

Sec. 4. - The Municipal Code. - So great an improvement were the special charters over the old municipal laws, that there came to be a desire on the part of the people of all the cities of the state to have a revised municipal code, according to which every city should have the benefit of the so-called charter form of government, so far as the system could be applied to each, making due allowance for difference of population and other conditions. By means of a conunon code it was desired also, so far as possible, to do away with a vicious habit which had grown up of securing from the legislature the enactment of a multitude of special and local laws for the different cities, in plain violation of the spirit of the state constitution, though not perhaps of its letter.

Accordingly, by an act approved March 9, 1903,°' the legislature created a codification commission, to consist of the secretary of state and two other persons to be appointed by the governor, whose duty it should be to prepare for the action of the succeeding legislature a bill for a "compilation, revision and codificaa. Acts, 1903, p. 391.

tion of the statute laws of the state of Indiana, concerning public, private and other corporations," as well as concerning other subjects named in the act, if the commission should have time or deem it proper.

The most important "compilation, revision and codification" of the statutes concerning "public corporations" which suggested itself to the mind of this commission had relation to the chaotic condition of the laws for the government of the towns and cities of the state. The preparation of a municipal code was therefore begun very early in the time given the conmiission for its work ; and at the opening of the legislative session for 1905, "A Bill for An Act Concerning Municipal Corporations," as prepared by the commission, was laid before the general assembly. By an act approved March 6, 1905,°' this bill, with many modifications, some of them undoubtedly beneficial, and others, it is believed, injurious, finally became a law, placing all the towns and cities of the state, as classified, for the fii*st time under a uniform code of laws.

Besides the towns, for which the simplest form of government is provided, there are five 'classes of cities. The cities of the fifth class, those under ten thousand population, according to the last United States census, of which class Mishawaka is one, are governed with as few officers and at as moderate expense as consistent with efficient government. Indianapolis is the only city of the first class, and in that class the system is most complete. Evansville and Fort Wayne are the only cities of the second class. South Bend and Terre Haute are the principal cities of the third class. As a city of tlie third class, under the code, the system of government does not greatly differ from that under the special charter. Under the charter, and still more so under the municipal code. South Bend enjoys perhaps the best form of government that a city with its population and attendant conditions could have. Under the code, we have good government; public improvements are

Iv. City Improvements

Many of the most important improvements of the city have already been noted in treating of the public improvements of the county ;« among these, the mill dam and mill races on the St. Joseph, the bridges over the river, the railroads, street and interurban railways, the electric plant and the telegraph and telephone lines. Other public improvements will now be referred to :

Sec. 1. - Streets and Sidewalks. - The first systematic grades of the streets of South Bend were established on surveys made in 1865, by Rufus Rose, city engineer. The grades so established are usually referred to as the "Rose Grade." The street improvements were at first a simple working or grading of the streets to the grade so established. Afterwards, the sti*eets were graveled, there being an abundance of good road gravel easy of access just northwest of the city.^ The next improvement made was to pave the gutters on each side of the roadway with cobble stones, the stones being from three to seven inches in diameter. These cobble stones were also used in paving the alley crossings on the sidewalks; the remainder of the sidewalks being at first paved with boards or planks, and afterwards with brick. The work to this point may be called primitive street improvement.

The manner of doing this primitive work is well illustrated by the following ordinance for paving the sidewalk on the north side of Washington street, along what is now the south front of the Oliver hotel:

"Section 1. Be it ordained by the common council of the city of South Bend. That the sidewalk on the north side of Washington street, between Main street and the first alley west, be graded to the grade established by the city engineer, and that the same be paved with brick fourteen feet wide.

Sec. 2. - Unless said sidewalk is graded and paved by each land owner in front of his property by the tenth day of November, 1866, the street commissioner will immediately advertise the work to be done by the best bidder by the twenty-fifth day of November, and the cost thereof will be assessed upon the property in front of which the grading and paving is done, to be collected according to law. "Passed October 15, 1866.

" W. G. George, Mayor. "John Hagerty, City Clerk." The first steps towards the paving of the streets were taken in 1865, the year in which the city was incorporated. On December 5, 1865, an ordinance was passed by the common council for the paving with cobble stone of a part of Michigan street and a part of Washington street. Section four of this ordinance reads as follows:

"Sec. 4. That Michigan street, from Market street," to the south side of Washington street, and Washington street to the west side of Main street, shall be graded as provided in the first and second sections of this ordinance,^ and paved with small boulder stone of not less than three nor more than five inches in diameter. The center of the street when paved to be one inch below the top of the curbstone. The gutter at the bottom, to be one foot below the center of the street, and the street to have a regular curve from the bottom of one gutter over to the other. The gutters to be shaped according to the direction of the street commissioner. ' '

This cobble stone pavement was but little, if indeed it was any, improvement over the graveled street ; but the people endured it for over twenty years. They endured the cobble stone gutters and alley crossings for even a longer time.

In 1888, a new departure was taken. The people deftermined to try cedar block pavement. On April 9, 1888, the cobble stone laid down on Michigan and Washington streets was ordered replaced with cedar blocks. This pavement won many encomiums for' two or three years; but, in the end, it proved even rougher than the cobble stone.

In 1889, a further advance was made. On July 22, 1889, an experiment in brick pavement was determined upon. Jefferson street, from Michigan to Lafayette, was ordered paved with "two courses of hard burned brick." This was the first modern pavement laid on the streets of South Bend. William M. Whitten, then the efficient city engineer, drew up the specifications with great care. The block from Main to Lafayette was an excellent pavement. The brick for the experiment was ordinaly building brick, made in the Leeper brick yard in South Bend. This brick pavement was laid do^\n by Martin Hoban, contractor, and remained in good condition until its removal in 1907.

By an act approved March 8, 1889," the legislature provided for the payment of the cost of street and sewer improvements in installments of ten per cent a year for ten years. This act, known as the Barrett law, is one of the excellent series of laws enacted by the reform legislatures of 1889 and 1891. The law has proved a boon to the cities and towns oi Indiana. It came just in time for South Bend. The brick pavement on Jefferson street was so decided a success that the only question left for consideration was the matter of payment for the work. The city was then up to the contitutional two per cent limit of indebtedness, and the treasury could not be resorted to in order to lighten the burden of the property owner. But by making the payments in ten annual installments, as was done by the Barrett law, the problem was solved. Street and sidewalk pavements, as well as isewers, were at once projected in every business and populous residence section of the and since that time on several other streets. It was said at the time, and has since proved to be true, that the asphalt on Washington street was too dry, had too large a proportion of gravel, and that it would soon ' ' grind out ' ' in spots by the action of the wheels of vehicles passing over it. The complaint on the part of the people on Lafayette street, on the contraiy, was that the pavement was too soft, that the wheels would sink into it in warm weather. The Lafayette pavement has grown harder and better with years; but that on Washington street has ' ' ground out ' ' in numerous places, as predicted.

Street paving has gone on in South Bend since 1889, until at the end of the year 1906 there were forty-two miles of pavement. Of this, about thirty-six and a half miles are of brick. The chief part of the remainder is of asphalt ; there being a little creosote block and other experimental pavements.

Originally the sidewalks, like the roadways of the streets, were principally of gravel ; but plank and boards were also used, and in time brick also. Early in the eighties, the common council prahibited the putting down of any more wooden sidewalks; for the reason that so many accidents had occurred from rotten and broken planks that there were almost constant suits for damages against the city. As early as 1867, John E. Foster laid a cement sidewalk on the north side of West Washington street at the corner of North Taylor street. This cement sidewalk is still in good condition, notwithstand its age. Soon afterwards cement walks began to come into general use ; although for a while there was trouble with persons who claimed to have patents on the proper mixing of the cement. This was but a temporary check, and it was not long until the cement sidewalk was a favorite all over the city. Brick, however, continued to be used for walks until 1907, when its further use for this purpose was forbidden, for reasons similar to those which had caused the disuse of plank sidewalks.

l^cnd was constructed in 1861, long before the incorporation of the city. After several preliminary steps were taken, the board of town trustees, on December 24, 1860, entered into contract with William Mack to construct a circular brick sewer on AA^ashington street, four feet in diameter and twelve hundred feet long, extending from the west line of Lafayette street to the river. It was to be finished by May 1, 1862, the cost to be twelve hundred and forty-three dollars. But one fault has been found with this first and most noted of our sewers. The sewer was not laid low enough. It was provided that, at the commencement of the work, at Lafayette street, the bottom of the sewer, on the inside, should be eight feet and a half below the street grade, and should fall at the rate of three inches to each one hundred feet to the east line of Michigan street, after which the rate, of fall should be as required by the board of town trustees. This depth proved quite insufficient to drain the basements of business houses afterwards constructed along Washington street; and it was necessary to correct the defect by the construction of other sewers.

Under the city government ail the principal streets have been supplied with sewers, and others are being constructed every year, and paid for by property assessments under the Barrett law. At the close of the year 1906, there were fifty-four miles of sewers in the city of South Bend.

One of the sewers of the city has a peculiar history. On October 8, 1875, the city provided for the construction of what has been called the Lafayette street sewer. This was built, primarily, for the accommodation of the South Bend Iron Works, now known as the Oliver Chilled Plow Works, which had then been recently located in the southwest part of the city, on the Kankakee side of the "divide." The sewer was paid for out of the city treasury; but the owners of lots along Ford, Scott, Railroad, South and Lafayette streets, fronting on the sewer, were allowed to tap the same by paying into the city

"A company has recently been formed for the purpose of erecting Holly Water Works and furnishing the city with pure water from the St. Joseph river. Action has, however, been deferred for the year 1871, it being considered too late in the season to commence operations. Another year will, doubtless, see this important work completed. A good system of water works would be highly advantageous to South Bend, although we have at present an abundance of most excellent water for domestic use, furnished by wells; while thirty public cisterns, entirely self -supplying, are distributed throughout the city for fire purposes. These cisterns are six feet in diameter, with a minimum depth of six feet of water. No steam fire engine can make any perceptible diminution in the depth. These cisterns form an extraordinary means of protection against fires, and, in connection with a well organized and efficient fire department, serve greatly to reduce the premium on insurance. We have one first-class steam fire engine, which will soon be duplicated. Few cities have so good protection against the ravages of fire as South Bend, and few during the past five years, have suffered so little."

The foregoing paragraph by Judge Turner shows the condition of the city in regard to the subject of water works at the close of the year 1871. The people were becoming restless on the question of adequate fire protection. The actual means then provided for this purpose are disclosed in the statement quoted; while the proposed action to form a HoUy Water Works Company shows that the situation was. not altogether satisfactory. The Holly system had very earnest advocates. Indeed, the majority of the common council was at first in favor of the Holly system, to such an extent that a contract was entered into for the erection of Holly Water Works. This system provided for pumping water directly from the river into the mains and water pipes, as it should be required. Two other systems were talked of, the Reservoir and the Stand Pipe systems. It was practically agreed by all parties that the reservoir system, that is, the drawing of water by pipes from a large body of water located on a height above the city, would be most desirable, provided we had such a high location, and the water upon it ; but we had neither. The stand pipe advocates said that next in excellence to the reservoir came the stand pipe, or water tower, as Professor Wilcox preferred to call it ; that when the stand pipe was pumped full of water the pressure on the water mains throughout the city would be of that equable and uniform character which marked the reservoir system. The Holly advocates replied that if it were necessary to pump water into the stand pipe, why not pump it directly into the mains? The answer to this was that an equable pressure was preferable, besides the stand pipe would be ready at the instant, while the Holly engines might not be in order to do their work at the moment of danger. And so the argument raged for two years.

The leader of the Holly advocates was William H. Beach, one of the proprietors of the first paper mill established in South Bend. The leader for the stand pipe party was Leighton Pine, the superintendent of the Singer Sewing Machine factory, then recently located in this city. Mr. Pine was one of the most able, enterprising and public spirited citizens that ever resided in South Bend. The war between him and Mr. Beach, for it was a war without quarter given or taken, was carried on in the newspapers, on street corners, on the stages of the theaters, in meetings of citizens, and in every other way in which public opinion could be influenced. Great meetings were held in the court house. In one of these Mr. Pine had a small stand pipe erected upon the rostrum, with a faucet at the bottom; and when the little stand pipe was filled with water, and the faucet turned to represent the tapping of a water main for the fire hose, Mr. Pine's triumph was complete. The little jet of water flew up half way the height of the stand pipe ; and the people left the court room shouting for the stand pipe party. As may be imagined, political parties were rent asunder. The elections were on the lines of Holly and stand pipe. The stand pipe won by a tremedoas majority ; and, in 1872, William Miller was elected mayor, and a majority of the common council were with him in favor of Mr. Pine 's plan.

Hon. William Miller

The new city government, backed by the great body of the people, were not only in favor of the stand pipe, but also in favor of municipal ownership. They were resolved that the city should build, own and operate its own water works. It was an era of conflagrations, and the minds of the people were wrought up to a keen anxiety for protection against the dreaded danger. The Chicago fire, the greatest in history, with its loss of two hundred millions of dollars, had occurred on October 8 and 9, 1871. The Mishawaka fire," with its loss of two hiiudred thousand dollars, as great as that of Chicago, in proportion to wealth and population, took place on September 5, 1872, in the very heat of the South Bend agitation. And, soon after, on November 9, 1872, Boston had its eighty million dollar fire.

The city authorities, however, were not hasty in action ; and it was not until the summer of 1873 that the first steps were taken. On July 7, 1873, a carefully prepared ordinance on the subject passed the common council. The ordinance contained the following provision :

That "William ^liller (mayor), Joseph Worden, Peter Weber, Alexander Staples and S. R. King be and they are hereby constituted a committee on behalf of the city of South Bend, and as such are hereby authorized and empowered to enter into a contract on behalf of the city with suitable and responsible party or parties for the erection and construction for said city of a suitable and sufficient system of water works, of what is called the stand pipe system, and as proposed and planned by John Birkinbine; for the purpose of furnishing said city with a sufficient supply of water for fire purposes and fire protection."

This was followed up, on July 9, 1873, by an ordinance for the issue of water works bonds for one hundred thousand dollars. On October 6, 1874, the issue so authorized was supplemented with an additional amount for sixty-five thousand dollars. The great work was under way. The specifications, as reported by John Birkinbine, the very competent engineer, provided for a wrought iron pipe five feet in diameter and two hundred feet high. For the first tw^enty-one feet, the plates were to be of seven-sixteenth inch iron ; for the next twenty-seven feet, of three-eighth inch ; for the next thirty-six feet, five-sixteenth inch ; for the next forty-eight feet, one-fourth inch; and for the last sixty-eight feet, threesixteenth inch. The weight oi the plates was forty-tw^o thousand pounds. The casting's for the support of the pipe, themselves resting upon concrete foundations, w^eighed twelve thousand one hundred and eighty pounds. The wrought iron bolts used to put the plates together weighed two hundred and fifty pounds. On July 29, 1873, the committee determined to erect the stand pipe at the crossing of "Pearl, Jefferson and Carroll streets." The actual location was ultimately fixed on the north side of Pearl," not far from the intersection of the first alley west of Carroll street, nearly opposite the site of the fort erected in the Black Hawk war, in 1832, where the pipe now stands. The excavation was thirty feet square and fourteen feet below the grade of the street, and was filled with stone imbedded in cement and afterwards grouted, so that the whole formed one solid mass of stone. The specifications further provided for an enclosure of brick, two and a quarter feet from the pipe and rising to a height of one hundred and ninety-five feet from the street. Between the pipe and the protecting wall was a winding stairway of two hundred and ninety steps to the top. A pointed roof over all was to reach a distance of two hundred and twenty-one feet.

Separate contracts w'ere let for the several parts of the work, all under supervision of John Birkinbine. The greatest anxietj^ was as to the lifting of the stand pipe into position after the plates should be riveted and water tight. This most responsible task was confided to Alexander Staples, then one of the common council and a member of the committee in charge of the water works; and well did he perform the task assigned him. It was determined to raise the great pipe as one piece, rather than in sections, which had been at one time contemplated. In September he began to get his huge gin poles and other necessary apparatus in readiness. On November 11, 1873, the council appointed as special peace officers, George V. Glover, Noah Huggins, William Overacker, Ananias Forst and 0. C. Perry, w^ho Avere directed to obey strictly the orders of John Birkinbine and Alexander Staples, during the momentous and exceedingly dangerous work of raising the stand pipe. This precaution was timely, both for the protection of the people who should be gathered at the time and also for that of the great pipe itself. The undertaking ol lifting this mass of iron from the ground to a perpendicular was the greatest engineering feat ever attempted in this part of the country. A like attempt at Toledo resulted in the falling and breaking of the stand pipe when it had been lifted half way up.

On Friday, November the fourteenth, the raising of the massive tube was begun and on that day the stand pipe was elevated about twenty-two feet, on two capstans and with a force of twelve men. On Saturday, the fifteenth, the work of lifting the great pipe was continued, in the presence of five thousand people. Three capstans were used for raising the pipe, one for guiding it and one for pulling it forward. At four o'clock in the afternoon it had reached an elevation of seventy degrees, at which it hung in the air all that night. On Sunday morning the perilous task was resumed ; but the pipe again hung in the air over Sunday night. On Monday, November 17, 1873, at eleven o'clock, it was nearly plumb, and at half past two o'clock on that day, the great iron tube stood in position, two hundred feet perpendicular from its rocky base.

An impromptu meeting was at once organized. Mayor Miller mounted a capstan and congratulated the people of the city. "Aleck" Staples, the hero of the occasion, was then called for, and fairly lifted and pushed upon a capstan. His speech was' characteristic : "Gentlemen, I can raise a stand pipe like this a great deal easier than I can make a speech." That was all, but it was cheered as loudly as if Edward Everett had spoken.

Alexander Staples was a Union soldier, and his modesty after his great engineering feat was like that of the true soldier on the field of battle who has won the day for his country.

The Star Spangled Banner did not seem too noble a model for the humble verse that sought to glorify his deed; and this was the tribute that was then paid to him. Whatever of history or description may be found in the stanzas will perhaps excuse its insertion in this place:

[All day Saturday the stand pipe rose slowly from the earth, until at dark it hung over the city like the leaning tower of Pisa. During the night the wind blew pretty hard, and doubtless many an anxious eye looked out on Sunday morning, to see that our pipe "was still there." Certainly one pair of eyes did so peep out; hence this travesty.]

On December 25, 1873, Christmas day, there was an interesting sequel to the Holly-Standpipe controversy. A wager had been laid between Leighton Pine, representing the stand pipe forces and John M. Studebaker, who had favored the Holly system. The wager was for a cow. Mr. Studebaker agreed to stand in the belfry over the Studebaker works; and ]\Ir. Pine proposed to drive him from the belfry with a one inch stream from a hydrant near the works, while, at the same time, five other one inch streams should be thrown from as many other hydrants in the vicinity. There were three judges, Edwin Nicar, John C. Knoblock and Caleb Kimball, named to stand with Mr. Studebaker in the belfry, where they could see the other five streams and be able to decide on all questions relating to the test. Schuyler Colfax also stood in the belfry with Mr. Studebaker. Before those who stood in the belfry knew what had happened, the one inch stream from the street below had driven them from their station, and the stream flew clear over the top of the cupola. Mr. Studebaker gracefully turned the cow over to Mr. Pine. His friends had her gaily decorated with ribbons, and so marched with a band and in carriages to his residence. Two days afterwards Mr. Pine donated his prize to the Ladies' Benevolent Aid Society, by whom she was sold, and several times re-sold, for the benefit of the poor of South Bend. So ended the famous controversy, in a triumphant victory for Leighton Pine and those who had faith in his genius and leadership. The original cost of the water works was about one hundred and fiftv thousand dollars.

Following the test made at the Studebaker works and the jollifications that succeeded, Mr. Colfax made one of his happy little speeches, briming over with interesting historical allusions. "This magnificent Christmas day," said he, "has opened a new era in the history of our busy and prosperous city. Over thirty years ago, the building of the three-story Washington Block," the largest frame building at that time in northern Indiana, was commenced with a special celebration and opened the first era of the advancement of our town. Next, the construction of the dam, by the free and generous subscriptions of rich and poor alike, gave us our great water power, and was another and most important forward movement. Then the great manufactures, which have caused our city to be known throughout the length and breadth of the land, gave us another impetus. "While today, with the water works, which, from the experiments this morning, seem sure to render efficient fire protection, we continue our advancing progi-ess among the cities of the state, and take another onward stride toward the future before us."

The city water works continued under the management of a committee of the common council, known as the water board, until, by an act approved March 25, 1879,* the legislature provided for the election of a board of three water works trustees, the first board to be selected by the common council ; after which the trustees should be elected by the people. The first board so elected should be chosen one for one year, one for two years and one for three years. At every subsequent annual election one trustee should be elected for three years.

By the special charter,*^ the water works were placed in custody of the board of public worte, where they also remain under the municipal code.*^ Under all these boards, - the committee of the common council, the trustees of the water works and the board of public works - the manner of conducting the business has been practically the same. The immediate control of the works has been in the hands of a superintendent selected by the board and under its direction. The finances have been cared for by a water works clerk.

The names of all members of the board of public works have been given in the list of city officers. The names of the members of the former water works boards are as follows :

At first, only the water of the St. Joseph river was pumped into the stand pipe. While this gave the people fire protection, what they had looked for, and also the use of water to sprinkle the streets and lawns; yet they soon began to look for water for domestic use also. The first superintendent of the water works. Everett L. Abbot, made a happy discovery just in time to meet this want. He sank a driven well, about a hundred and ten feet deep, near the water works pumping station and not far from the river bank. This was our first artesian well. The water rose to the surface, and proved to be pure and wholesome. The question was whether wells enough could be sunk to supply the stand pipe. To test the quantity of water that underlay the great bed of clay through which the pipe had been driven, and particularly to see how far. if any, the flow of the first well would be diminished by the sinking of another in the vicinity, well after well was sunk near the water works station, until thirty-four six-inch wells or over have been sunk in that locality. The problem was solved; reservoirs were constructed into which the waters from the artesian wells flowed freely; the river water was turned off and the stand pipe and water mains were filled with the purest water in the state. To supply more wells as the population of the city has increased, a new station, at the foot of North Michigan street, was erected and new wells, to the number of thirty-seven more were sunk. Still a third station has recently been secured further dowTi on the river; and from all of these it is believed that an ample supply of the purest w^ater for fire and domestic use can be obtained sufficient for a city of over one hundred thousand population.

It need hardly be said that since the supply of artesian water has been obtained the people have asked for water on almost every street of the city. Over eighty miles of water mains have been laid to this date, and the, demand is still for more. No tax is more freely paid by the people than the water rents ; and, while the original outlay by the city was large, yet the investment has been a profitable one. During the year 1907, the substantial sum of twenty thousand dollars was transferred from the water works rent fund to the general fund of the city treasury. At the same tmie the people have had an abundant supply of pure water at most reasonable rates, with no grasping water works company to cut down the supply or raise the charges. The municipal ownership of the South Bend water works has been satisfactory from the beginning. The present valuation of the works is nearly one million dollars; the annual income has now reached almost one hundred thousand dollars. The expenses foot up about seventy thousand dollars, which includes interest and wear and tear, leaving to the city a net profit of thirty thousand dollars a year.

See. 4. - Fire Department. - The fire department of South Bend has grown from a bucket brigade, taking water from wells or from the river, to the complete system of today, with its water received directly from the constant pressure of the stand pipe. The first fire organizations were volunteer companies, with a chief and assistants responsible to the town trustees. The distinction awarded by the public to the bravery of the young fire fighters was usually sufficient inducement to keep up the organizations. To this were added certain favors, as the remission of city poll taxes and exemption of a given amount of property from taxation, as was done by the common council April 19, 1866.

The first regular organization for fire protection seems to have been in 1853, when a hand engine was procured and a company formed, with Edmund Pitts Taylor as foreman and John Caldwell as assistant. The company was named St. Joseph Fire Company Number One. Fire Company Number Two was formed soon after, with Lot Day, Jr.. as foreman. In 1857, Union Hose Company Number Three w^as organized, and a second engine was purchased.

Another step taken at an early day was the securing of a sufficient supply of water by constructing covered cisterns at convenient points. As shown above, in treating of our water works, there were 30 such cisterns before the erection of the stand pipe ; and the citizens were re-assured when they learned that "No steam fire engine can make any perceptible diminution in the depth." Perhaps that might not be the case today, after our deep sewers have dried out the ground to a depth of ten to fifteen feet.

The next step in the volunteer service was to procure pumping apparatus, ladders and other implements and machinery necessary for the use of the firemen. One of the simplest styles of pumps was a hand engine placed upon wheels and worked by from two to six firemen on each side of the wagon. A noted improvement on this rude pump was the steam fire engine, which relieved the men of this hard labor, and was besides much more effective in throwing strong streams upon the burning buildings. The most famous of these old fire engines was "Young Hoosier, " which gave its name to Young Hoosier Fire Company No. Four. This company, after repeated deliberations in the common council, extending over a period of several months, was organized January 20, 1868. To show the high character of the citizens who honored 1 heraselves by serving in these volunteer fire companies, the original membership of Young Iloosier company is here given : George Hertzell, John C. Knoblock, Alexander Staples, A. Buck, William Buck, John M. Pierce, Alexis Coquillard, Peter Weber, Elijah Hartzell, Warren A. Luce, Edward Gillen, Isaac INIiller, Reuben Garrett, Seth F. Mvers and Harrison ]\I. Crockett. The company was authorized to increase its membership to thirty persons, taken equally from hose companies numbered one and three. Old number three was soon after disbanded; and on May 29, 1868, the present hose company number three, in the fourth ward, was organized.

A little earlier, on June 17, 1867, a citizens' committee was appointed to report to the council the best means of protection from fire. The committee consisted of the following leading citizens : John Brownfield, chief of the fire department; Dr. Louis Humphreys, chairman of the board of health; Charles W. Guthrie; Clement Studebaker; Woolman J. Holloway; Joseph G. Bartlett; Dr. John A. Henricks ; Daniel M. Shively : Lester F. Baker; Dwight Deming; Francis R. Tutt, Daniel A. Veasey and Norman Eddy. The conferences of this committee foreshadowed the water works system and the paid fire department that were to come in a few j- ears.

In 1873, the common council re-organized the volunteer fire department and appointed Edwin Nicar as chief engineer. Captain Nicar served with great efficiency for three 3^ears, when Joseph Turnock was appointed to the place and served for a year, being succeeded by Orville H. Brusie, who served for three years. A. B. Culver was then appointed engineer; and after him came Mr. Brusie again and then Isaac Hutchins.

The fire companies in the later years, and before the organization of the paid department, were Delta Hose Company No. 1 ; Eagle No. 2; Union No. 3; Young Hoosier No. 4;

Mazeppa No. 5 ; Stand Pipe No. 6, also No. 7 ; besides Relief Hook and Ladder, which was located with Young Hoosier, at Hose House Xo. 4. Hose House No. 4, where both Young Hoosier engine, and its company and also the hook and ladder company were housed, was the central fire station and headquarters of the department. This house was on the north side of Jeffei*son street, between ^Michigan street and the first alley west. Fire tournaments, in South Bend and in the surrounding towns, were a prominent feature of the old volunteer department. At these tournaments, or exhibitions, the South Bend companies almost invariably carried off the prizes. The tournaments were of great value in keeping up interest in the service, as well as putting in practice the best features of actual fire protection.

On February 23, 1874, a grand review of the fire department and inspection of the new stand pipe and water works system was held, to which firemen and fire committees from neighboring cities were invited. The last days of the old volunteer fire department were among the brightest. On October 6, 1873, the common council, although preoccupied with the completion of the new water works system, yet found time to express the formal thanks of the city to the fine city fire department and its efficient chief, then Capt. Edwin Nicar. Yet the change was coming. On October 19, 1874, it became apparent that the' water pressure, present in full force at every hydrant, made all fire companies, except hook and ladder and hose companies, quite out of harmony with the new conditions ; and they were accordingly disbanded.

On August 7, 1882, the Gamewell Fire Alarm system, for communicating alarms of fires, was adopted. On July 26, 1886, a committee sent out to examine paid fire departments in other cities reported in favor of the system in operation in Kalamazoo. They recommended for the city of South Bend the following plan : That the city should procure one 2-horse hose carriage ; two 1-horse carriages ; one hook and ladder truck, with sixty foot extension ladder, to be drawn by two horses; one 2- horse chemical engine; and that these should be manned by ten paid firemen and a fire chief, to be aided in emergency by twenty called men. The cost of making the change was estimated at nine thousand dollars. The recommendation of the committee was adopted by the common council. The paid fire department was formally organized, November 26, 1886. On January 10, 1887, the department was reported by fire chief Isaac Hutchins as in full working order; and, on his recommendation, all the volunteer companies were disbanded.

Since the establishment of the paid department, in 1886, the work of improvement has gone forward, year by year, until South Bend, without question, has one of the best fire departments in the land, - water works ; hose houses ; telegraphic fire alarm ; efficient officers and men ; trained horses ; trucks and hose wagons ; and all other apparatus necessary for first-class modern fire service. Including the central station, there are eight fire stations and hose houses, distributed at the most advantageous points throughout the city. At the central station there are three companies, - one truck company; one chemical engine company; and one hose company. At each of the other seven stations is found a hose company, provided with full apparatus. The cost of transforming the volunteer department into a paid fire department, in 1886, was estimated at nine thousand doUars. Compared with this is the following expense account for the year 1906 : Paid out in salaries, $46,384.29 ; paid for running expenses during that year, $10,664.32. Total expenses for the South Bend fire department, for the year 1906, $57,048.61.

On the Fourth of July, 1907, the anniversary of the Declaration of Independence was celebrated by the South Bend fire department in the greatest public display ever inaugurated by the ''fire laddies" of the city. The day was delightful ; and the street parade one of the finest ever seen in Indiana. The display then made was an exhibition of what may perhaps be regarded as the culmination of efforts to make the department a perfected fire force; for we can hardly conceive of a more complete and efficient fire department than that which South Bend now possesses.

On June 4, 1907, in anticipation of the Fourth of July demonstration, the South Bend Tribune gave an interesting summary of events connected with the history and present condition of fire organizations in the city; and this summary may fitly conclude our historical sketch:

"South Bend has a fire department second to none in the country. It has a reputation that is not confined to this locality, but which is spreading to all parts of the country. The announcement several months ago that the fire department intended to give a Fourth of July celebration this year has attracted the attention of people all over the country, but especially fire departments and parties engaged in the manufacture of fire fighting equipment. As a result many people have in-, spected the local service and pronounce it the best in the world for a city this size.

"South Bend's paid fire department was organized and pressed into service Nov. 26, 1886, following a resolution of the common council passed the year previous. Since that time it has been maintained and has been under the control of the city government. The present fire department consists of 58 men, 28 horses and the following rolling stock in active service: Seagrave hook and ladder truck, chemical engine, two chief's wagons, supply wagon, electricians' wagon, eight hose wagons. Ten fire companies and eight fine stations are represented in the complete service. In reserve' the department has a hook and ladder truck, a hose wagon and a spring fire department or organized system of protection in case of fire. The first organized effort in that direction was made in this year, when the St. Joseph company, No. 1, was organized and a small hand engine was purchased for its use. Another company was soon after organized and in 1857 Union hose company No. 3, was formed and another engine added to the department. In 1865 a steam fire engine Avas purchased, which Avas called the Young Hoosier. After that date various volunteer organizations were formed until the present efficient fire fighting system was given its inception and placed in successful operation.

"Many of the men on the present fire department were leaders in the volunteer movement and did very effective work for the city in that capacity. It is no wonder that the impetus given the fire fighting sj'stem by them has developed into the great department of today. Isaac Hutchins, an old time volunteer, was the first chief of the paid fire department, which Avhen organized had but 11 men and 20 call-men. He had two assistant chiefs, John Donahue and Jacob F. Kerner. Later one of the assistants was dropped from the position on the fire department and the callmen plan was also abolished.

"The first companies were those at the central station and consisted of the hook and ladder, or truck company. No. 1, and the chemical company, No. 1. These were located in a small brick building on the north side of Jefferson street between Main and Michigan streets. Later hose company No. 1 was organized. It was across from the Sheridan hotel on the north side of La Salle avenue and was located in a two story frame building, which was not in the best of condition and many a cold winter wind and not a few deluges of water poured into the leaky roof.

"The present central fire station at the southeast corner of Wayne and St. Joseph streets was completed in 1902. Into it the central station companies from the old building as well as hose company No. 1 moved.

The latU'r company made the transfer July 31. 1902. and the former the day before. This centralized the different kinds of fire fighting apparatus and gave the central a full equipment, greatly strengthening the efficiency of the service. Twenty-one men, nine horses, a truck, a chemical, wagons for the chief and the assistant chief and a reserve truck and a reserve hose wagon are housed in the building, which is one of the best, and the most complete as well as the largest station of the kind, according to investigations, in the country.

' ' Chief Wilfird Grant and his worthy assistant have been on the department ever since it was organized. They also served in the old volunteer companies, the chief two years with hose company No. 4 and his assistant, William Smith, with hose company No. 3. Mr. Smith entered the volunteer service in 1877. Grant was elevated to the captaincy and was later promoted to chief, a position he has filled with the very greatest credit since Sept. 1, 1902. Smith was appointed second assistant in 1892 and was made first assistant in 1898, a position he has filled with acceptancy and thorough efficiency all these years.

"The chiefs of the paid fire department have been as follows : Isaac Hutchins, William Baker, Jacob F. Kerner, Irving Sibrel and Wilfird Grant."

The valuation of the property of the South Bend fire department, as estimated by the board of public safety, at the close of the year 1906, was $131,461.68, distributed as follows :

Sec. 5. - The City Hall. - Until a little prior to the year 1899, the city of South Bend does not seem to have made any move towards securing a city hall for the transaction of its affairs. Dnrins: the whole period of town and city government, np to that time, the business of the municipality was conducted in offices leased for the purpose. In the '70 's and early '80 's, these rented offices were on Washington street, between Main and Michigan ; after which, a. disastrous fire compelled a removal to Michigan street, between "Washington and Market, now

Colfax avenue. In the later '80 's and early '90 's, the offices were on Jefferson street, between Main and Lafayette; and afterwards on Michigan street, in what was long known as Price's Theater.

On October 18, 1899, the mayor and common council entered into a contract with James Oliver for the erection of a city hall suited to the needs of the growing metropolis of the St. Joseph valley. Not long previous to this time the city had purchased a site for a building, on North Main street, between Colfax and La Salle avenues, with the intention of erecting a permanent home for the municipality as soon as funds sufficient for that purpose could be procured. But South Bend was nearly up' to the constitutional limit of its indebtedness, and it became evident that if a city hall was to be built within a reasonable time, it must be built by private parties.

In this emergency, Mr. Oliver, who had often before manifested his public spirit in favor of the community in which he had built up his great fortune, came to the assistance of the promoters of this civic enterprise. The contract entered into provided that he should have permission to enter on the premises owned by the city and erect thereon a city hall, the building to remain his propert}^ unless and until the city should exercise an option given in the contract to purchase the same. The hall should be suited to the needs of the city, and according to plans and specifications named, and the work let to the best bidder, the cost not to exceed seventy-five thousand dollars. The contract further provided that when the building should be constructed it should be leased to the city for twelve years, at an annual rental of seven thousand two hundred dollars, payable from year to year, as the same should accrue. It was also provided that the city should have an option to purchase the building at any time at a price equal to the original contract cost, with four per cent interest, less the several amounts of rent then paid, also with four per cent interest. In case this option should not be exercised, the property should remain Mr. Oliver's, and in that case he should have the right to purchase the grounds.

As there was some doubt as to the validity of this contract, in order to test the matter, suit was brought by a property holder to enjoin the city from performance. The circuit court held that the contract was in effect a purchase, under the guise of a lease, and was therefore invalid. The supreme court, however, decided that, by reason of the option, the city undertook no obligation of purchase, and that the contract was valid.*^

City Hall, South Bend

Mr. Oliver, accordingly, went ahead and constructed the building; and the city has since continued to pay him the annual rental, as stipulated in the contract. Although the city has assumed no obligation to purchase, yet as soon as it finds itself with sufficient funds, there is no doubt that it will exercise its option of purchase, and thus become the owner of this beautiful and convenient city hall.

including the police department, are housed within its ample walls. Indeed, it is doubtful whether any city in Indiana is provided with a more substantial, elegant and convenient city hall.

See. 6. - Parks. - In the year 1878 the first public expression was made in favor of a park for the city of South Bend. While generous in many respects, as we have seen, the proprietors of the original plat of the town seem never to have thought of a park. It may be that the fine oak openings which formed the site of the town, together with the Parkovash on the east side of the river and Portage Prairie on the nortliAvest, to say nothing of the other beautiful prairies and woodlands in the vicinity, made the whole country a natural park, so that perhaps the doughty founders of the city would have smiled at the idea of reserving valuable town property for so useless a purpose as park or pleasure ground. Yet the founders of other towns as pleasantly situated did not think it unwise to set apart public squares and plots of ground for pleasure resorts for the people. The lack of liberality in this respect is painfully apparent in our confined court house grounds; and here a comparison with the neighboring county seats makes our deficiency the more marked. In Goshen, Plymouth, Valparaiso and Laporte a full square is devoted to the court house; but in South Bend but one quarter of a square was set apart in the beginning for that purpose. The county commissioners afterwards bought an additional lot for the county jail, and still later bought two more lots, one for the present jail and one upon which the old court house has been placed. The foundersi of the city of Kalamazoo, were more far sighted in this, particular, having laid aside two full squares for public parks, in addition to a square for the county buildings.

Even in 1878, when the subject of parks was first broached, the grounds considered were most unpromising. They consisted of an ovei'flowed iswamp waste along the east side of the St. Joseph river, extending from Jefferson street to Division street. It was at first but a dumping ground ; but, in the course of years, the unsavory locality has become the most beautiful spot in South Bend, and is known to the public as Howard Park. A more detailed history of this park will be given at the close of this section.

Provenance

Text from A History of St. Joseph County, Indiana, published 1907, in the public domain in the United States and digitised by the Internet Archive.