Henderson County, Kentucky - Chapter 23, 1887 (part 3 of 9)

" In this wa}'. I think, you will meet all the requirements of the city charter, and at the same time show your willingness, as loyal officers, to fill the vacancy occasioned by the action of a disloyal associate.

This order was fully discussed, and the advice of the City Attorney asked for. It was agreed to carry out the will of Foster, and while the Attorney was engaged drawing up a proclamation conforming thereto, another communication was received, on the point of a bayonet^ which read as follow :

"Gentlemen - The late Mayor of your city, and your associate officer, has secretly fled from the city and joined the enemies of the Government in a wicked war for its overthrow. As you have heretofore been his political friends, and were elected to office on the same ticket with him, I deem it proper in order that you may relieve yourselves from suspicion, that you, together with all other officers elected with you, subscribe and take the oath accompanying this letter. Very respectfully,

Oath

" We do severally solemnly swear that we have borne, and will bear, true allegiance to the United States of America and the State of Kentucky. That we have supported, and will support, the Constitution of the United States and the State of Kentucky, the ordinances of any State Convention or Legislature to the contrary notwithstanding; that we have not encouraged, and will not encourage, the enemies of the United States, and especially the supporters of the so-called Confederate States, or give them aid and comfort either by word, vote or actions

we have not encouraged, and will not encourage, the enlistment of troops for their aid; that we have not desired the success of their arms, nor exulted over any reverse of the arms of the Federal Government; that we have not encouraged, and will not encourage, opposition to the collection of the tax imposed by the United State%. save through the ballot box; that we will furnish all information of the enemy, their aiders or abettors, to the proper United States authorities, when we can do so, and in all things have demeaned, and will demean, ourselves honestly and sincerely, as true and loyal supporters and friends of both the constitution and laws of the United States made in pursuance thereof - so help me God."

This oath was a little more than the Council could take at one dose. The medicine was too strong, and the principal parts compounded too recklessly, and, in return, the patients resolved to suffer rather than seek relief at the expense of such a horrid prescription ; therefore, the following answer was returned to his royal excellency :

" Sir - Your latest communication has been received by the City Council, and as we have already taken the oath prescribed by law, and faithfully observed it, we do not feel incHned to take any other We, therefore, do not wish to act any longer as Councilmen and hereby resign our positions as such

F. B Cromwell R. G. Beverly

Upon receipt of this communication the resignations of the Councilmen were accepted, but they were held to answer, at the point of the bayonet, until each one should execute, with good security for himself, a bond conditioned, not as the law directed, but as a military dictator determined.

The resignation of the Council having been reported to the Legislature, then in session, a special act was passed and approved on the thirtieth day of August, directing the County Judge to appoint officers of an election to be held in the city on the tenth day of September, 1862, to fill the vacancies. On this day the election was held and the following officers were elected : Mayor, David Banks ; Councilmen, First Ward, William S. HoUoway, Jacob Reutlinger, J. C. Allin ; Councilmen, Second Ward, P. H. Hillyer, Jacob Held, Peter Semonin ; Assesor, Robert B. Cabell. The new officers were sworn in by his Honor, P. A. Blackwell, City Judge, and held their first meeting on the twelfth day of September.

On the sixth day of November the Council contracted with Collins & O'Byrne for building a three-foot brick tunnel at the foot of First cross street and filling two ravines in Water and First Streets.

At a meeting of the Council held October 6th, 1863, a petition from the heirs of Wiatt H. Ingram, deceased, was presented, praying for the opening of a stre t fifty feet wide, running through Ingram's enlargement from the Catholic Church on Third Street to Center Street at Mrs. L. M. Thornton's property, and for a continuation of First cross street to the new street to be called Ingram Street, and given to the city by the said Ingram's heirs. At that time Second was the only street running through the Ingram property, the whole of it back of Green Street being fenced up in one body. The Council accepted the gift of Ingram Street, and directed its opening from Third to Center, and the opening of First from Green to Ingram.

In the organization of the Henderson Gas Light Company the City of Henderson had subscribed for ten shares of the stock of the company, valued at $50 per share, and given in payment for the same the lot of ground upon which the buildings were erected.

Misfortune for some cause fell to the lot of the company, and on the twenty-fourth day of November suit was instituted by Hugh Kerr to foreclose a mortgage given him upon the works, to secure the payment ot a note for $784 and interest.

On the eighth day of April, 1864, another suit was filed by Samuel P. Spalding, assignee of Peter Semonin, to forclose a mortgage for $835.25 and interest. Other suits were brought, and on the twenty-fifth day of April, 1864, under an order of court, D. N. Walden, sheriff of Henderson County, at the Court House door, exposed the works to public sale, and J. C. Allin, on behalf of the city, became the purchaser. Exceptions were taken to this sale, but the court overruled them, and then an appeal was taken to the Court of Appeals. This court reversed the court below ; subsequently, to-wit : On January 22d, 1866, under an order of court, G. A. Sugg, Sheriflt of Henderson County, exposed the property to sale the second time and Robt. G. Rouse, Jr., being the highest bidder became the purchaser at and for the price of $1,991.25, and afterwards transferred his bid to the City of Henderson. This sale was confirmed and deed ordered made to the city.

paid them the following handsome compliment: "The ladies of no city in Kentucky are more celebrated for this heavenly gift than those of Henderson, and added to this are those rarest charms of intelligence and accomplishment"" in all the graces that make women

Commission And Forwarding Coffee Houses

On March 1st, upon petition of the Mayor and Council, an act was passed by the Legislature authorizing the sale of the Public Square, the proceeds to be applied to building a wharf in front of the city. This act was to take effect uoon its having been ratified by a majority of the qualified voters at some election called for that pur-

August 1st the committee reported, and a sale of lots ordered to take place on Saturday, the ninth day of September, on the following terms : one-third cash, one-third in six months and one-third in twelve months, with interest from date of sale. The Square was divided into twenty-six I'ots, fronting from twenty-four and a half to fifty feet, and sold at prices varying from $20 to $60 50 per front foot. Twenty-three lots were sold, aggregating the round sum of $20,- 632.75.

This was very good, but three years afterwards the Council found out what the Council of 1865 ought to have known, to-wit : that the act of the Legislature authorizing the sale of the Square was worth no more than the paper upon which it was written. The city could make no title, and as a necessary consequence, was compelled to refund the money she had received, and pay for one or two buildings erected since the sale. The principal, interest and extras were paid for in 10 per cent, bonds and the Square again became the property of the general public.

July 21st, upon motion of Hon. Grant Green, a committee was appointed by the Council to purchase a mule and cart. This was done, and many citizens remember how faithfully that little animal earned his food year after year, under the experienced management of Councilman Henry R. Tunstall. It is claimed by some to this day, tliat this little mule, with his cart, did more in his peculiar line for the city than all of the teams employed since he was sold, or turned out to die.

On the eleventh day of October an ordinance was passed to generally improve the unimproved side walks of the city by laying down substantial plank walks. Some eighteen lines were ordered at this meeting. While plank walks are, as a general thing, expensive and soon become worthless, yet under the circumstances they added at this time greatly to the comfort of pedestrians.

The war was over now, peace had once more embraced the land, and no man or set of men could have felt the need of earnest effort more keenly than did the City Council, The spirit of progress had seized them all, and the disposition to regain all lost by the war, and then move on with the quick times, was evidently manifested at each meeting of that body. It was now determined, in addition to other improvements, to build a magnificent wharf, extending between Second and Third Streets. This great undertaking it was known, would cost an untold sum of money, but it was deemed necessary, and for that reason preliminary steps were taken looking to its building and completion. Councilman Grant Green was directed to prepare an amendment to the city charter to be passed by the Legislature, authorizing the Council to raise the ad valorem tax of the city to the maximum of one dollar upon the hundred valuation. The specific maximum to one hundred dollars and the poll tax to two dollars. The wharf committee on the sixteenth day of December was authorized to advertise for sealed proposals for paving the wharf.

On the twenty-sixth day of September the " City Bank " building, now the "Henderson National Bank," on Main Street, between Second and Third, was purchased by Hon. Grant Green, William J. Marshall and Edward Atkinson under the firm name of Green, Mar shall & Co., and on the fourth day of November this firm opened and established a private bank with sufficient funds to transact a large business. In November this same firm caused to be built the large tobacco sales warehouse on Third, between Main and Water Streets. - November 7, J. M. Taylor's large brick tobacco stemmery, on the corner of Clay and Green Streets, was burned.

The magnificent residence of Joseph Adams and the splendid stone front bank building, erected by the " Farmers' Bank," were contracted for and put in course of building this year.

L. C. Dallam's handsome residence, corner of Elm and Powell Streets, Gilmour's tobacco factory, corner First and W^ater Streets, and Reutlinger's City Brewery were built this year.

September 11, William Harris, an ex-Federal soldier, was shot and killed in P. O. Applegate's saloon on First Street, by one Henry Kokernot (pronounced Coaconut), a brother-in-law of W. W. Catlin. The shooting was said, at the time, to have been a plain case of murder, although the examining trial exonerated Kokernot. The slayer left Henderson soon after and has never returned.

being led bv the great Robert Breckenridge, the Southern by the equally great Stuart Robertson. It was an exciting time in the history of the Church, as very many who will be reminded of it by this brief mention, will well remember.

Febrary 5th, the act before mentioned, was passed and approved, authorizing the Council to assess and collect annually for two years against each male inhabitant over twenty-one years of age, a capitation tax of fifty cents, and ad valorem tax of the same amount, on the same property allowed by law, and a specific tax of not exceeding fifty dollars upon the same property now allowed by the charter in addition to the taxes already assessed, to be appropriated to building the wharfs between Second and Third Streets.

Owing to excavations in the hillside at Fourth Street along side of the old cemetery, and the exposed condition of many old and unknown graves, the Council ordered that all exposed remains should be removed and decently interred in the new cemetery, and that other graves then in the street beyond the line of tjhe Eastin survey be examined, and if any remains were to be found they to be interred also.

An ordinance was passed May 1st directing the improvement of Second Street from Green Street through the Alves enlargement by grading, guttering and laying down a plank walk.

On August 7th, 1866, an order was passed by the City Council directing the purchase of a city clock, provided it did not exceed in price eight hundred dollars. On the twentieth day of September a contract was made with E. Howard & Co., of Boston, Mass., for the present clock, at and for the price of five hundred and twenty-five dollars. Other expenses attaching, to-wit : freight, iron weights, putting it up and the expense of an expert from Boston to do the work, made the whole cost nine hundred and seventy-six dollars. No one

The work of grading the wharf had gradually progressed until it had become necessary to contract for the stone work. On the twelfth day of July City Engineer F. H, Crosby presented a profile and specifications of the wharf, together with a form of contract drawn by Messrs. Turner & Trafton, city council advisors, all of which were adopted.

On the seventeenth day of July the contract was awarded to John Haffey at the following prices : For grading, 24 cents per cubic yard ; for graveling, $1.05 per cubic yard ; for sand 20 cents per cubic yard; for curbing, $1.30 per lineal foot; for paving, $4.25 per 25 feet surface measure and 9 feet deep.

On the eighteenth day of July the contract was signed by P. B. Matthews, Mayor, on the part of the city, and John Haffey, John C. Stapp, William S. HoUoway and W. H. Sheifer on the part of Haffey.

On the fourth day of December a license was granted Messrs. Crocket & Reichert upon their new public hall just completed and known as " City Hall."

The New Charter

Upon the incoming of Mayor P. B, Matthews the Council of 1866 and the City Council Advisors associated with them, it was deemed advisable that a new charter should be secured, and that a^ an early date, for many reasons. The charter and araendments then in existence were better calculated for the government of villages and towns, by no means what was needed for a progressive city of four or five thousand inhabitants. It conferred but few powers of a general nature, and in many of its parts conflicted with the laws of Congress, passed subseqent to the war, and, therefore, in so far, was non-operative and obsolete. The Council wanted and needed a charter conferring all general and special powers given to cities, in order that Henderson throttled by the damaging consequences incident upon the coming and progress of the war, should come up out of her depressed and crippled condition, and assume a station among the leading and growing cities surrounding her on every side.

It was necessary to pull out of the old rut and take on a new life by devising and encouraging new commercial and business enterprises, by a general and systematic improvement of the streets and public places of the city. In short to lay aside the village habits and take on the quick step of the wideawake city. To do this, therefore, Messrs. Turner & Trafton, City Council Advisors, on the eighth day of June, 1866, were appointed a committee and requested to prepare a charter and report at their earliest convenience. For some months this learned firm was diligently engaged in preparing a char" ter to meet the wants of the times, and on the sixteenth day of January, 1867, made their report, which upon being read section by section, and every doubtful point thoroughly discussed, was unanimously adopted by the Board of six Counciimen then in office. Immediately after its adoption the charter was sent forward to Hon. G. M. Priest, Representative, then at Frankfort, with instructions to procure its passage, which was done without one single change or alteration, and the same approved by the Governor February 11th, 1867.

Under this charter the city was divided into four wards, giving to each ward two representatives in the Board. It extended the boundaries of the city, greatly enlarged the judicial powers of the corporation, defined the duties of the Legislative, Executive, Judicial and Ministerial Departments, and was in every respect a document calculated to meet the growing demands of the times. As an evidence of the real worth of this charter, it was, after its passage, adopted in whole or in part by several cities of the State, Owensboro, Covington and Paducah among the number.

Since its passage sixteen years ago, many changes and amendments have suggested themselves, but in the main the charter of '67 remains yet intact, the law governing the municipality. It has worked well, and from its birth we can date the substantial and rapid growth of Henderson. The first election held under this charter took place on the sixth day of May, 1867, when two Counciimen from each of the four wards were elected, together with an Assessor, City Clerk, Treasurer and City Attorney.

On the eighth day of April, 1867, a petition signed by 354 legally qualified voters, constituting a majority of the qualified voters of Henderson, was presented to the Council, certified toby F. W. Reutlinger, A. J. Anderson, James H. Johnson, William H. Hopkins^ William Biershenk, P. B. Bryce, E. W. Worsham, John C. Stapp, J. W.Williams, W. A. Sandetur, George M. Priest, Thomas S. Knight, C. Sechtig, bearers of petitions, praying the Council to subscribe to the capital stock of the Evansville, Henderson & Nashville Railroad Company the sum of three hundred thousand dollars^ to be paid in the bonds of the city at par, one hundred thousand dollars payable in twenty years, bearing 8 per cent, interest, payable semi-annually, and two hundred thousand dollars -i^ayable in thirty years, bearing 7 per cent, interest, payable semi-annually.

The people lost all control, went wild, they wanted a railroad, and, but for the action of the Council, General Boyle, President of the railroad company, would have asked and had readily given him rights, damaging to the city beyond the loss of any amount subscribed The Council refused to entertain his proposition until it had been modified in several particulars, and the city's interest more safely guarded.

On the eighteenth day of April, an ordinance was passed making the subscription, and directing the issue and disposal of the bonds. John H. Barret was selected as the depository to hold and negotiate the bonds as directed in the ordinance and letter of General Boyle to the Council. -

It was an easy matter for the Common Council to count the number of those who had signed General Boyle's petition. It was an easy matter to determine the majority, and so it was an easy matter to direct the issue of three hundred thousand dollars of the city's bonds to aid in building the road, but to raise the twenty two thousand dollars of interest to be paid annually, was a matter of moment, few of those who had signed the petition had ever given a passing thought, yet this had to be done, and exactly how was the question. This Council felt no disposition to oppress anyone, it was their determined wish to instruct the Assessor upon the most equitable plan possible, and yet they knew that no list of property could they decide upon as the proper one for taxation would be perfectly satisfactory to all parties concerned.

In the act to incorporate the Evansville, Henderson & Nashville Railroad, passed and approved January 29th, 1867, is the following clause : " It shall be lawful for any election district or the legal voters thereof, through which the road may be located, to petition the County Judge of their county, by written petition, signed by the said voters, to subscribe to the capital stock of said company, for such sum as they may fix in their said petition, and on such conditions as may be accepted by said company, to be paid by a tax to be levied upon the taxable property of the said election district^ real and personal^ that may be subject to taxation under the general revenue laius of the State. '^ reported taxable property to the value of $3,500,000, and to raise the sum of $22,000 interest and $6,000 to cover commissions and contingencies, a tax of 80 cents on the $100 was levied, and to make the payment of the tax as easy as possible, the Marshal was directed to collect one-half by the first of November, 1867, and the other by the first of May, 1868.

The Assessor was directed to make his list as if taken the first day of June. This order met with opposition, as did every other order made by the Council. H. E. Rouse, Assessor, was indefatigable in his effort to do his duty, yet he was met by determined opposition, and was thereby compelled to appeal to the Council time and again. Several plans were adopted and changed, and finally it was determined to stand by the one adopted July 11th. This was contested by certain taxpayers by suit in the Henderson Circuit Court, and finally decided in the Court of Appeals December 4th, 1868, "4th Bush."

John H. Barret & Co. vs. the City of Henderson ; the City of Henderson vs. John H. Barret : " When a city is authorized to levy a tax upon the taxpayers of the city taxable under the revenue laws of the State, such tax must be levied as of the date and upon the same persons and property as presc/ibed by the revenue laws of the State. Taxpayers, taxable under the revenue laws of the State, designates both the person and subject of taxation."

This decision then settled the vexatious question of taxation for railroad purposes. From the first assessment to this day, be it said to the credit of the taxpayers, the city has never defaulted in the payment of her semi-annual interest.

On the twenty second day of July, John H. Barret, custodian of the bonds, tendered his resignation and settlement of the trust, showing that he had received from the sale of bonds the sum of $34,500, and that he had paid out, including the sum of $500 allowed him for his services and expenses while in the East in the interest of the company, the sum of $24,282.51, leaving a balance in his hands of $10,- 217.49, which was promptly paid to the Mayor of the city He sold and delivered thirty-three bonds and negotiated others, which were delivered by his successor.

sumed in hauling it up the wharf, and through the streets over a temporary track to the depot where it was soon afterwards placed in running order. When this had be&n done steam was raised and a shrill, keen whistle awakened the citizens to the absolute certainty that the Evansville, Henderson & Nashville tiailroad was a thing of life indeed. This same afternoon the Mayor and Council, and several citizens were treated to a short ride over the five mile track which had been laid down before the war, but never before used.

The gas works, which had become the property of the city by purchase, but had remained idle for a number of years, except the short time while under lease to W. A. O'Bryan, made December 6th, 1866, were again thrown upon the city, and what to do with them was a question the Council was anxious to settle permanently. On the 11th day of July a committee was appointed by the Council to let out the gas works and report. This committee contracted with T. M. Jenkins to take charge of the works as superintendent and manager, and filed the contract, which was adopted July 17th. appointing him for fifteen years and appropriating seven thousand dollars to be expended in placing the works in first class repair, adding new machinery and extending the gas mains. The works were reconstructed, and under competent management have proven a most gratifying success, not only as an illuminating power, but as a profitable financial enterprise. These works to-day, size and capacity considered, are the equal of any to be found in the State.

On the 7th day of August a contract was entered into by and between the city and Collins & O'Byrne for the grading of Second Street, commencing at Green, and running to the east line of Thomas Ryan's property on Alvasia street.

On the 8th day of August the historic high bank of earth standing on the river front, between third and fourth cross streets, known as '' Fort Nigger," was excavated and thrown back into a hollow or ravine lying between said bank and Water street.

On the 19th day of August an ordinance was passed directing and ordering Water Street, between Second and Third, to be graded, guttered, curbed and graveled a width of fifty feet.

On the same day an ordinance was passed directing Second Street to be opened one hundred feet in width, from Green Street to the eastern limit of the Alves' enlargement, near the residence of

On the 29th day of October a contract was awarded Dr. P. Thompson and John W. Alves, for paving on the south west side of Center Street, from the intersection of Green, to the north east corner of Dr. Thompson's property.

November 6th an ordinance was passed to pave on Main from Upper Sixth to Eighth cross street ; to plank from Eighth to Upper Eleventh; to pave from Lower Second to Fourth; to plank from Fourth to Lower Eighth on Main Street ; to pave between Upper First to Lower Third, or Powell Street, on Elm.

During this year the handsome residences of Dr. P. Thompson, Thomas Soaper, A. H. Talbott (now G. I. Beatty's), A. T. Leslie and John E. McCaliister were built.

On the 24th, 25th and 26th evenings of October the "Black Crook," a gorgeous spectacular drama exhibited to a multitude of delighted people on the Public Square.

November 1st, the old " South Kentuckian " building, which stood on the corner of Main and First cross streets, was torn down and two small brick store rooms afterwards built in its stead. This building was one of the primitive land marks, and around it clustered memories most dear to many of the older inhabitants. It belonged

February 19th, an act of the Legislature was approved, incorporating William Bierschenck, Jac Reutlinger, Jac Peter, FcUk Fry, J. J. Deihl and P. Hoffman trustees of the Henderson German School. This school was established, but a few years afterwards merged into the public school.

Saturday night, 19th, a demand was made upon Jailer J. W. Williams for the person of one Jack Burle, by an organization called and known as " Kuklux." Upon a positive refusal to comply, an attempt was then made to force an entrance. Judge Cissell, then Circuit Judge, who lived only a short distance from the jail, was notified and in a short time appeared upon the ground, and by the use of good argument succeeded in persuading the mob to retire.

to enter suit, which was done. The Court held the sale to be void upon the ground the city had no right to sell, and therefore could make no title. ^-

March 3d, a contract was made and entered into betwen the city and Haffey & Stapp for grading and paving with stone, between the Main wharf and Clark's tobacco factory on Second Street.

On the 7th day of April the Superintendent of Gas reported net receipts of the works for the preceding months of January and February, $899.60.

At a meeting of the City Council held June 2d, the new wharf was received and guaranteed for ten years, by the city paying $500 per annum to the con-tractors, Messrs. Haffey & Stapp.

On the 2d day of June the Mayor had read to the Council a lengthy message urging their careful attention upon certain propositions regarded as of material interest to the city at that time. Among other things he called attention to the important and responsible trust committed to them. He dwelt at lengtli upon the paramount importance of a good system of public schools by which the children of the city could be educated at a comparatively small cost, many of them at no cost at all. He recommended the appointment of a suitable committee to thoroughly investigate the system of public schools as adopted in other cities, and then the propriety of submitting to a vote of the people the proposition to borrow a sufficient amount of money for the purposes in view.

He also recommended the building of a Court room, Council room and prison, all to be included in one building. He recommended the organization of a good fire and hook and ladder company, with necessarry apparatus for controlling this devastating element. He recommended the general and permanent improvement of the streets of the city. He recommended the opening of Second Street to the city limits and its improvement. He recommended a good plank or gravel road to the cemetery. He recommended a liberal policy toward market men and by proper encouragement thus aid in building up a market, where the citizens could be provided at a reasonable cost. He also recommended that the outstanding indebtedness in scrip and judgments held by the purchasers of Public Square lots be funded by the issue of a sufficient number of interest bearing bonds.

'^Be it Resolved, That the Committee on Ways and Means be and they are instructed to report to the Council at its next regular meeting, or as soon thereafter as practicable, the best means ot issuing the bonds of the city, and state the amount of bonds that ought to be issued, the denomination thereof, the rate of interest they ought to bear, the time they ought to mature, the probability of selling said bonds and for what amount, and all other facts in relation thereto which in their judgment may seem proper.

^*Be it resolved further^ That the Mayor appoint a committee of five either of Councilmen or other citizens, any three of whom may act. who are requested to ascertain and report to the Council, at their earliest convenience, upon the best manner of establishing a public school in Henderson, and they wi'l state particularly what sum it will require to build and put in operation said school, the cost ot conducting the same, the best system of its government in all particulars, the character of building required, and all facts in relation to the subject they may deem proper "

On the fourth day of August this committee reported, recommending the preparation and passage of an act by the Legislature, giving the city full power to issue bonds and erect suitable buildings in which to carry on public schools; also, to authorize the city to 'borrow money by issuing her bonds, etc.

Concerning the proposition to fund the outstanding indebtedness of the city, January 19th, 1869, an act was drawn and adopted by the Council authorizing the Council to issue the bonds of the city for that purpose. This act was passed by the Legislature and approved by the Governor June 16th.

The Mayor was instructed to have printed and engraved $50,000 of city bonds and report his acts. July 6th, the bonds were reported to the Council, and upon motion the Mayor was directed to advertize requesting all persons holding scrip, judgments or other evidences of indebtedness against the city to come forward and report, and if satisfactory to take up the same by substituting in lieu thereof the bonds of the city payable thirty years after date bearing ten per cent, interest. This proposition proved a great success. All creditors were satisfied, and in three weeks' time, or as soon as the work could be completed, the Mayor had taken in, by substituting bonds, the entire outstanding scrip, judgment, and Public Square indebtedness, amounting to nearly $50,000.

On the seventh day of September the Mayor reported in full his acts, and upon full investigation by the Finance Committee, the same was unanimously approved by the Council.

Prior to this time the city had no money, and could borrow none, but few citizens outside of the Council knew this. There was an immense amount of improvement going on, and other work being contracted for at each meeting of the^Council. Progress was the motto, and a trust to luck for the money to foot the bills was the understanding. It has been said the city at one time could not borrow money- To verify this : On the 3d day of November, 1868, the city needed $5,000. Application was made to both banks and moneyed men, but it could not be had. It was necessary to raise this amount or else let the whole business go to the wall. Seeing this, Mayor Starling and Councilmen William F. Reutlinger, and Leroy Martin, borrowed on their individual 'credit the amount of five thousand dollars, and relie\ed the city, taking a pledge from the Council that the amount should be refunded from the revenues to be collected. Several times during the year the members of the Council borrowed sums of money on their individual credit and loaned the same to the city, to enable her to carry on public work then under contract.

Under the funding act the city was relieved, and soon after a Board of Sinking Fund Commissioners was organized, under a special act of the Legislature, with power to hold and use the various revenues specified for the purpose of reducing the outstanding debt and paying interest.

As I proceed with this itemized history, the reader will see what an amount of public work was done, and will agree with a previous statement made, that the substantial and solid growth of the city dates back to the new charter of 1867. No one will ever know, but those who were actively employed, the immense amount of labor entailed upon the Councils of 1866, '67, '68, '69, '70 and '71, the manner in which they managed public affairs, conducted the multiplied improvements of the city, including streets, wharves, and public buildings, the levying of taxes, the collection of revenues, etc., etc.

August 25th, pavements around the Court House, on First and Main Streets, and on First to the river, and on Lower Main, were ordered laid down.

The extension of the gas mains and erection of street lamps was ordered in every direction where it was judged by the Council the extension would pay ten per cent, upon the investment.

Septt'mber 15th, a contract was made with Collins & O'Byrne to grade, giitier and curb Green Street, from First to Upper Third Street, to completely finish Main from Second to Lower Fourth Street. Clay and Fagan Streets were received and ordered opened sixty feet wide to the cemetery.

October 6ih, a contract was entered into with Haffey & Stapp to grade and pa\e Third Street to low water mark, in the same manner the Main wharf had been done.

In July, 1868, an organization known as the '* Kuklux " appeared upon the streets of the city at night, alarming many citizens of the city, and committing, in one or more instances, acts contrary to law and order. It was said - with how much truth, however, is not known - that many of the best citizens of the city were members of the clan, and that its organization was intended to assist good government and the enforcement of the laws, that that portion of the organization were as much opposed to anything in the shape of outlawry as any citizen who refused to countenance the movement. Yet the movement was regarded generally as a dangerous one, calculated to do no good, but, on the contrary, to become the source of great evil. The Council regarded it as dangerous to the peace of society, ill-timed, and absolutely unnecessary, unlawful, and uncalled for, and therefore determined, at all hazards, to suppress it, first by persuasion, if possible, if not, then by force, no matter how that force was secured or from whence it came.

" Be It ordained by the Mayor and Common Council: First - That it shall be unlawful for any person to appear on the streets, alleys or highways of the city in mask or with his face or person so disguised that he cannot be recognized by casual observation of his acquaintance, and for each offense said person shall be fined not less than fitty nor more than one hundred dollars to be recovered by warrant or other fines,

'* Second - It is hereby made the special duty of the Marshal and police to arrest all parties violating this ordinance, and for this purpose they shall have the power to call to their assistance any citizen of the city, and for a failure of the Marshal or police to faithfully discharge their duty, he or they shall be fined twenty-five dollars, and for a failure of such citizen to aid in arresting such person or persons, violating the first section of the ordinance, he or thev shall be fined ten dollars

" Be it further ordained, that the Mayor forthwith issue a proclamation calling upon all citizens to desist from appearing in disguise by day or ni^ht, disturbing the quiet of the city, and to warn them that if persisted in immediate measures will be taken to punish. them."

'Your attention is called to the above ordinance, passed by the City Council at its meeting of Monday night last. In accordance therewith, you are earnestly requested to desist from any further such exhibitions of masks, guns, weapons and pretenses of authority unknown to and unrecognized by the law, as have attended your frequent appearances in the streets of the city within the past few weeks. The object of your organization and its plans and purposes I do not know, nor do I propose to inquire. That it is calculated in its etfects to do great and irremediable injury to the best interests of the community, no right-thinking and prudent person will deny, and it will, if continued, result in mischief, no one who has regarded the rise and pro^-ress of similar organizations in other localities, can doubt. If it be said it was organized to reform abuses, which its members imagine exist in the community, I answer the laws are in full force and will be vindicated by a prompt resort to the remedies whenever they are known to be violated, besides the administrators of the law are men of your own choosing. If they fail to do their dutv the remedy is in yours and the hands of other citizens, and it is with vou and them to apply it. If your organization has for its object nothing beyond the indulgence of what you may regard as a little harmless pleasantry, through the media of masks and horns and howls, I answer, that such exhibitions are unseemly, annoying and mischievous, for the}' have been accompanied more than once with the display and use of weapons and the utterance of threats against those who are entitled to the p/otection of the law, and have resulted, too, in terrifying many peaceable and well disposed citizens.

" If, as many persons suppose, this organization was intended to keep in subjection, to order and law, and to enforcr- habits o^ndustry and a respect for the observance of their contracts for labor, a certain class of our population, I answer, that class is ammenable to the law, and is entitled to the protection of the .aw as much as any other, and that its members have been generally well-behavfcd and orderly, and industriously engaged in maintainino- themselves and families. This intended or threatened interference with their rio-hts, whether real or maginary, works a great injustice to that class, and will result in injury and damage to their employer, for some of them have been already, and many more will be, trightened into an abandonment of their contract for labor, leaving numberless fields untitled and crops unharvested. The toleration of such an organization in our midst for any length of time will also have the tendency to induce some of our best citizens to seek more quiet and safer localities, while many who might otherwise be disposed to bring their capital to our growing and prosperous city for investment, will be deterred from doing so by its existence. Certainly its members, who probably have an equal interest with all our citizens in this matter, are not willing to see this result brought about by their agency.

*- Then, when it is considered how many outrages may be committed under the color and seeming sanction of tliis organization it is hoped that the most thoughtless of the members may be induced to abandon and discontinuance it. A band of highwaymen taking advantage of the fact that this organization exhibits itself unmolested in our streets, may any night, disguised as they are generally, penetrate the city and rob the bariks and stores and escape unharmed to their hiding places, and a cowardly villian, malignant and thirsting for blood, may safely and surely, under the assumed mask ol this organization, take the life of a good citizen, whom he fancies has wronged him

** Viewed in the length of all the consequences which will flow from it the organization is wrong, unnecessary and dangerous and ought to be abandoned, or failing in that, suppressed. I therefore earnestly urge upon all its members, a prompt compliance with the ordinance above cited, lay aside forever your masks, make no more parades upon the streets and alleys of the city, and show yourselves supporters of the laws as they are. liut if you will not do this, it will be my imperative duty to see the observance strictly en - forced, and I shall certainly dq so to the extent of the powers vested in me. Respectfully, *' E. L. STARLING.

This proclamation was received in good part so far as the fact could be known, and many of the leading members of the clan determined to abide by the advice given. There were others, though, who preferred to resist the authority of the law, and did turn out again. Mention has been made of the attack upon the county jail* Upon this movement being made the Council appropriated one thousand dollars and passed the following ordinance :

-' Be it ordained, that the Mayor is authorized to employ such additional police as he may think necessary, for such length of time as he may see proper, and at a compensation not exceeding that received by the present police."

It was understood that this force should not be known and that its duties should be to detect members and report their names. The authority of the law began to close around the boys a little closer than they had suspected, and many interviews were held with the Mayor by those suspected of being members One youngster who was going to leave the city to make his home elsewhere, ventured as a friend to confess his connection with the clan and to furnish a full list of the membership.

Whether this young Kuklux told the truth or not has never been known. It is enough to know that the law-abiding portion of the clan saw the folly and danger to come out of such nonsense and were mainly instrumental, and finally succeeded in disbanding the organization. They held their last parade with the distinct understanding that that was to be the last, proceeded to the lower end of the city, fired off their guns, pistols, etc., made peace with the world and nothin<y more has ever been heard of them as a military organization. Good men belonged to the ICuklux beyond question, and upon going into it thought it a good thing just at that time. They soon saw the danger, however, and deserve credit for bringing about its disbandment.

It is due to the city to say that no single member of the Council entertained a desire to do more than his duty, they were opposed to the organization and determined upon its suppression, no matter the cost.

They recognized the fact that friends were i.i the ranks, and yet if these friends would not consent to be governed by good advice, and abide by the laws, then if they suffered from any source it was their misfortune and not the wish or fault of the Council.

During the year 1868, the residences of William T. Barret, now John H. Barret, Jr., A. S. Nunn, now Colonel Jackson McClain, Allen Gilmour, now Colonel W. S. Elams, E. L. Starling's store house, now James R. Barret's, and Robert Dixon's brick three-story livery stable were built.

The old Johnson two-story brick, corner First and Main, was torn down, and the real estate divided into nine lots, four fronting on Main Street and five fronting on First Street. The four fronting Main were sold for the following prices: $125, SlOO, $100 and $96 per foot. The five fronting First were sold for $73, $62, $60, $54 and $54 per foot.

Thursday, March 10th. Richard Powell, son of Governor L. W. Powell, was killed by Stanley Young on the pavement in front of Judge P. H. Hillyer's book store on Main Street, three doors above First.

The Episcopal Diocesan Convention met in St. Paul's Church in May, and was attended by Governors John W. Stevenson, Merriweather and other distinguished gentlemen.

May 4th, an ordinance was passed, directing a fitty-foot fill to be made between Third and Fourth upper cross streets on Water, and the same to be guttered, curbed and graveled. There was no street there at the time, nothing save a great ravine, gradually eating its way into the Atkinson Square beyond the corner of Third and Water Streets. The fill was made, and the improvement has proved a blessing to the city.

June 8th, a book of laws and ordinances was ordered prepared for publication. This book was prepared by Captain R. H. Cunningham and printed by Ben Harrison. Work highly creditable to both gentlemen.

June 15th, an ordinance was passed, directing a fifty-foot street to be made along Wjter Street from the intersection of Fourth, to the intersection of Fifth upper cross street in front of the Hugh Kerr properly. This fill was made and the street improved as that part between Third and Fourth.

August olst, a compromise was effected with George F. Beatty, whereby the city became the purchaser of one hundred feet of ground in width, running through the old Ingram property, on First Street from Ingram to Adams Street.

August 31st, the city leased to D. R. Burbank for distilling purposes all that part of the river front lying below the salt wells and in front of lots Nos. 37, 40, 41. During the year Mr. Burbank built his twenty barrel distillery, the first of the kind ever built in the county.

The population of Henderson, as given by the official census, was 4,158, divided as follows : First Ward, 692 ; Second, 806 ; Third, 1,326 ; Fourth, 1,334.

March 11th, an act of the Legislature was approved, incorporating W. B. Woodruff, Geo. M. Priest, E. W. Worsham, John C. Stapp and P. A. Blackwell under the name and style of the " Deposit Bank," with an authorized capital of $50,000.

June 7th, a contract was entered into by and between the city and railroad, authorizing the road to haul coal over Fourth Street to the river front and the privilege of building a coal tipple between the line of Water Street and the river. This expensive wooden structure was built, but proved worthless for the purposes for which it was intended, and was a few years after^orn down by order of the Council. July 27th, the following assessments of property for taxation was reported ' For school, $2,638,723. On this amount a tax of 30 cents on the $100 was levied to pay the interest on the bonds issued for erecting and furnishing the school building, and 15 cents for payin- salaries of teachers, etc.; for railroad, $2,863,133. On this amount a tax of 87 1-2 cents upon the $100 was levied for the purpose of i-aving the interest (and expenses of collecting) on the bonds issued to the E., H. & N. R. R. The city tax was fixed at 75 cents. August 2d, a committee was appointed and directed to report the best and cheapest plan for supplying the city with water. September 6th, a petition, signed by a large number of citizens, was presented to the Council, praying that body to submit to the quahfied voters," Shall bonds be issued for the building of water works ?'' This was the beginning of the water works.

During the summer and fall of this year Messrs. W. P.. Wooruff & Co. built'' the large ice house on Water Street, adjoining Woodruff Hall and in the early spring of 1871 purchased and packed two hundred'tons of lake ice for the comfort and convenience of the general

Mr. Robert Dixon, during the fall, re-floored the third-story room of his large brick building, on the corner of First and Elm Streets, for the pu%ose of " roller skating," and threw it open for the enjoyment of the amusement-loving public.

The Council having submitted for years to second-story rooms and unsuitable and uncomfortable places wherein to hold their meetings, and to exhorbitant charges for keeping and feeding city prisoners, determined to erect a building combining Council Chamber, Clerk's office, Mayor's and other offices, prison and station rooms.

February 22d a resolution was adopted to build such a house, and a commiuee appointed to procure plans and specifications and report cost. October 24th George W. Fallon furnished a plan and accompanying specifications and the same were adopted.

May 7th, 1872, a contract was entered into by and between the city and' Digman& Kyle to build the house, the same to be eighty feet in length by thirty feet in width.

March 19th, 1872, the county had determined to build a new jail, and by order of the Commissioners the old jail was exposed to sale at public outcry. At this sale the city became the purchaser for a mere nominal sum. The old prison was soon torn down . and all material of any value safely stored away, to be used in building the City Hall and prison. This purchase proved to be a most judicious one, for by it the city secured all the iron doors, frames, grating, etc., necessary to be used in the new building. In addition this, one hundred thousand or more good brick were saved from the ruins, and enough fiag stones to lay the pavement in front of the building. After reserving all material of value the remainder was sold for more than enough to satisfy the purchase bid.

This building was completed at a cost of near $17,000 and was occupied by the Council for the first time on July 15th, 1873. It is a magnificent building and stands to-day an evidence of the taste and good judgment of the Council who conceived the idea of its building.

" The " South Kentucky " Narrow Gauge Railroad Co'mpany having been chartered by the Legislature March 15th, G. M. Alves, City Engineer, was employed to make a preliminary survey, which he did in April. September 11th an ordinance was passed by the Common Council directing the sense of the qualified voters to be taken upon the propriety of the city subscribing for six hundred shares of stock. This election was held September 23d and resulted in 180 voles being polled for the proposition and 50 opposed to it.

October 3d the Mayor was directed to subscribe for six hundred shares, $50 each, making $30,000, and on January 23d, 1872, the Council appriated $500 to assist in making necessary surveys.

From the completion of the Evansville, Henderson & Nashville Railroad there had been manifested by the management a determination to reach the water line of the Ohio River, even though the rights of the city had to be trampled under foot. There was at the time a positive contract between the city and railroad company that no cars or engines should be run over Fourth Street only so far as stipulated, certainly no passengers or freight trains were to run to the river. This agreement, which was quite satisfactory to the company when money was asked to aid in completing the road, had become since its compleiion equally as distaseful and annoying. An outlet was wanted, and for this the company was unwilling to remunerate the city. ^

Conceiving the idea that for the purpose of transporting the United States mails, engines and cars should be run to the river and no interference by the city would result, on the sixteenth day of May an engine, mail, express and passenger coaches attached, rushed over the forbidden track to Water Street. This was a nice dodge, an unscrupulous company embraced (shielding itself behind the supposed interference of the United States) to violate and trample under foot a positive agreement made and entered into, presumably in good faith. The Mayor of the city witnessed this gross violation of right and immediately applied to those in authority to find out its meaning. Finding a settled determination on the part of the company to submit no longer to the agreement, but to force trains to Water Street under the pretense of carrying the United States mail, he applied to Judge S. B. Vance, and that able, clear-headed lawyer drew an ingenious ordinance, not only attacking the flanks, but the rear of the

General Boyle, then President of the company, and those who had advised with him, had never taken the view embraced in the ordinance, and were therefore completely outgeneraled. A meeting of the Council was called and the ordinance passed without a dissenting voice to take effect from its publication. Several days passed before the ordinance could be made operative, and dqring that time trains ran unmolested to Water Street.

This ordinance did not deal directly with the company, but attacked those in its employ. It prescribed a fine of fifty to one hundred dollars to be laid against each and every employe, engineer, conductor, brakeman or other person detected in running a train of cars between the depot and Water Street. The Superintendent of the road, one Hugh Pitcairne, with his headquarters in Hopkinsville, directed the movements of the trains by use of the wire connecting the two cities. He was a wiley fellow, cute and unscrupulous. He hesitated to do nothing in the interest of his masters and partook strongly of their rebellious and dishonest spirit. He heard of the ordinance and cut his cloth to suit the municipal garment, in short, he directed his trains to be run to Water Street, with no one but the engineer and one brakeman. Upon one occasion there was no one but the engineer and mail agent. The first day after the or^ dinance had become law, two policemen were stationed between Main and Water about train time. Soon the train came along, the employes whistling and thinking little, if anything, of what was in store for them. Upon halting at Water Street each employe was summoned to appear before the Police Court. At this they smiled an uncertain smile as the train backed back to the depot. Next day new men were on the train and they too in turn were summoned to appear before the Police Court. Fines were assessed, and yet these fellows thought the city was indulging a little game of bluff. About the third day five employes, ij;icluding two engineers, one conductor and two brakemen, in an unguarded moment, were arrested and straightway marched to jail. Not until they were looking out from behind the great iron doors and exercising their teeth upon the toughest of diet did they realize the serious attitude in which a man placed himself who attempted to violate the law. They refused to be bailed by their city friends, but demanded that those who had gotten them there should see to their release. The fourth evening another batch was incarcerated, and the engineer, rather than suffer a similar fate, jumped his engine and left it with train attached standing in the street between Main and Water, where it remained for several days.

Superintendent Pitcairne could get no one to venture from the depot to the river. One engine and a train of cars was standing idle in the street, and no one could be induced to remove it. The magnitude of the situation induced him to tear his hair and anathematize Henderson, yet no relief came to him. He could stand it no longer, so he ventured from his Hopkinsville headquarter to visit Henderson and by his august presence intimidate the authorities, throw open the prison doors and visit vengeance upon those who had dared to interfere with his plans. He, however, alighted from the train a few hundred yards outside of the city limits and took a birds-eye view of the depot surroundings by the aid of a field-glass. Failing to discover an officer of the city in sight he ventured in, but in fifteen minutes afterwards was se°n marching down the street between two police going in the direction of the county jail. He fumed and protested, he threatened to bring in a troop of negro soldiers, and yet the police minded him not. A few minutes later the great prison door was opened and he ushered into the company of his engineers, conductors and brnkemen. He swore he would rot in jail, but he didn't. His men swore they would sue the company and nothing short cf a compromise kept them from it.

Superintendent Pitcairne took two meals in jail, changed his mind, pledged the revenues of the road to any citizen who would bail him and his men and soon left^lhe town.

His dignity was completely destroyed, the importance of his position manifestly insignificant, and two days afterwards he begged to be permitted to remove his engine and train, which had stood in the street for a week without steam, back to the depot.

By this time the county jail had become such terror the Mayor was forced to accompany an engineer to the engine in order to assure him that he would not be molested in raising steam and then backing back to the depot.

These were exciting times, and all the while the United States mail or the agent had never been molested. This important functionary was permitted to ride down to Water Street unnoticed, and afterwards to foot it or take passage in an express wagon suited his pleasure. One of their dignitaries, tpo lazy to walk, and too important to ride in a country wagon, reported the city authorities to the Postmaster General.

An agent of the Postal Department was dispatched to Henderson to investigate the charges preferred, and, having heard the evidence, unhesitatingly endorsed the action of the city. No more cars were run to Water street, but the judgments recovered in the City Court amounted to over two thousand dollars. Immediately after the release of Superintendent Pitcairn, General Boyle instituted suit in the United States Court, at Louisville, against the city, for the right of way and damage.

May 29th, the Common Council directed the Mayor, City Attorney, Judge Eaves and Judge S. B. Vance, to proceed to Louisville and enter defense to the suit of the American Contract Company, and the Mayor authorized and empowered to employ additional and experienced counsel in that city. Hon. Isaac Caldwell was employed, and, at his instance, Hon. Harvey Yeaman, whom the City of Hender" son delighted to honor, not alone on account of his eminent legal qualifications, but his high and noble personal and social culture, was associated with him.

An answer was filed and the case continued to July. During the time, the officers of the city busied themselves securing evidence and in various ways fortifying the defense.

July came, and on the sixth day of that month the case was reached and called for trial. Both parties announced themselves ready. The city, by her attorneys, filed a demurrer to the petition, and upon the trial of this hung the fate of General Boyle and his company. The papers were read and Judge Ballard, without listening to a prepared speech from either side, sustained the demurrer- He even decided that if a mail agent (whose importance had been so magnified and relied upon by the plaintiffs) had violated a law, he too was as much liable to arrest as any officer of the train. This decision was a death blow to General Boyle. It must have been, for this peculiarly great man could not restrain a tear or two.

A few months subsequent to this trial, the American Contract Company sold the road and its franchises to Winslow and Wilson, of the St. Louis & Southeastern Railroad, running from Evansville to St. Louis.

July 5th, 1872, the Mayor called the attention of the Council, in a message, to a meeting to be held in Hopkinsville, July 29th, for the purpose of consolidating the two roads, and thereupon the following named gentlemen were appointed to report what policy should be adopted by the city : James F. Clay, S. B. Vance, Henry F. Turner, John O'Byrne, Ben. Harrison, T. M. Jenkins, Governor A. Dixon, William S. Johnson, N. H. Barnard, John C. Stapp and P. H. King. July 26th, the committee reported to the Council as follows :

Rf solved, That from all the information we have, it will be to the interest of the Citv of Henderson for a consolidation of the E., H. & N. R. R. with the St. Louis & Southeastern and the Edgefield & Kentucky Railroad, if the same can be made upon equitable terms; and we therefore recommend that the City Council so direct the vote of the stock, and upon the best terms they can make. JAMES F. CLAY, Chairman.

This report was adopted by the Council, and the Mayor instructed to attend the meeting at Hopkinsville, and so vote the stock of the city. The proposition to consolidate the three roads was carried by an overwhelming majority.

September 5th, 1872, an ordinance was passed granting permanent right of way over Fourth street, with the right to build to low water mark, to establish a transfer for freight and passengers, under an agreement between the city and the St. Louis & Southeastern Railroad, consolidated. There were many stipulations in this agreement, the most important, that Henderson should not be discriminated against in shipments of freights ; that the machine shops of this division should be established here, and that the sum of two thousand dollars recovered in judgments against the employes of the E., H. & N. should be paid. The two thousand dollars was paid by General Winslow, and with that ended the Boyle-Pitcairne farce.

The following handsome buildings were erected during this year : Hon. M. Yeaman's residence, Haffey, Fleming & Clores block of three-story brick store houses, corner Main and First Streets, the Planters' Bank and C. H. [ohnson & Bros, book store.

December 1st, a committee composed of several members of the Council, and other citizens was appointed to co-operate with a committee from Vanderburgh County, Indiana, for the purpose of organizing a short line railroad company connecting the two cities of Henderson and Evansville. This connection was to be made on the Indiana side, and in order to encourage the subscription of a sufficient sum for the purpose, upon the recommendation of the Mayor he was authorized to subscribe the sum of fifteen thousand dollars for and in behalf of the city. This proposition failed to materialize, owing to the fact the people on the Indiana side failed or refused to give it the necessary encouragement.

March 19th, for the purpose of encouraging manufactories, an ordinance was passed releasing manufactories, where the building and machinery was worth in the aggregate ten thousand dollars in cash, from taxation for city purposes for the term of five years.

In November of this year that very remarkable horse disease known as the "epizootic " swept the country. Henderson, as well as other cities, suffered on account of it, and to relieve the pressing need of teams, December 7th an ordinance was passed permitting teams from the country or elsewhere to haul throughout the city limits free of license. All of the livery horses, as well as those belonging to private stables, were more or less affected, yet but few losses occurred on account of it. This was a blood and lung disease and was easily detected by the following symptoms : At the beginning the animal exhibited a drowsy, mopy disposition, then a swelling of the under jaw and legs, then a continued hacking cough, then heavy discharges of mucous from the nose. A drench of linseed oil, sweet spirits of nitre, quinine and gum goaccum, in proportionate parts, and the animal kept heavily blanketed, effected a sure cure.

In 1881 a disease somewhat similar made its appearance. This was called the " Pink Eye " and evidenced itself in the horse by swelling, mattery eyes and leg swelling. This was a kidney disease, and the same drench used as in the "Epizootic." In addition to this Captain Thomas Gilligan, who treated a number of horses with wonderful success, used a prescription made of proportionate parts of powdered gentian, sassafras, skunk cabbage, cream tartar, sal nitre, pulverized ginger, sulphur, digitalis, blood root and berchie leaves. This was made into a powder and fed twice a day in bran.

June 3d, F. W. Reutlinger, executor of the will of John Pernet, tendered the City Council one hundred dollars, an amount directed by the testator to be given to 'he poor of Henderson. This generous public benefaction was appropriately accepted by the Council and placed to the credit of a special fund to be disposed of as intended by the gracious donor.

Early in the month of May the stern wheel steamboat ''Collier" sank at the wharf foot of Second Street. She was permitted to remain unmolested, except by the current, until the third day of June, when an order was passed by the Council directing her removal. A few weeks after a contract was entered into with Captain Hiram Hill, the noted submarine diver and wrecker, at and for the sum of $1,'200, to remove the wreck. On the 17th day of December he completed his work. The owners of the boat brought suit against the city, but failed to make a case.

November 4 1th, the first Hook and Ladder wagon, together with a full complement of buckets, ladders, etc., was purchased of B. Bruce & Co., of Cincinnati, at a cost of one thousand dollars.

On the 16th day of February, Hon. Jacob Held qualified and assumed the duties of Mayor of the city. The new administration directed the Finance Committee, and very properly, to report the financial condition of the city. On the 3d day of March this com-

March 24th, by order of the Council, seconded by the County Court, the beautiful shade trees*novv surrounding Court House Square were planted out.

May 5th, Thomas F. Cheaney, School Enumerator, reported in the city 1,118 white children between the ages of six and twenty years, and 418 colored children between the ages of six and sixteen.

May 20th, the press of Kentucky met here in convention, and were elegantly entertained. For this purpose, in addition to handsome sums contributed by citizens, the City Council donated six hundred dollars.

On the 15th day of February Rescue Hook and Ladder Com pany tendered its services to the city, and was received as a volunteer fire company.

In the spring of this year, 1875, the State Medical Society held its annual meeting in Henderson, attended by very many distinguished members of the profession.

October 5th a contract was entered into with Delker & Blondin for the building of the first horse wagon ever owned by the City of Henderson at and for the price of $375.

October 5th the Superintendent of the Public School reported the total enrolment of pupils 785. Of this number 382 were boys and 403 were girls. Daily attendance, 587.

March 16th the remains of the five men shot by Colonel Glenn's troops during the war and interred near the water works grounds, were exhumed by order of the Council and buried in the City Cemetery.

The delinquent lists returned by the Marshal for 1873, four and five, were very large and the sales of property for taxes due were alarming.

The distress of the people necessarily crippled the city government, yet under all of these unlooked for circumstances the city managed to pull through by exercising close and scrutinizing economy.

A report of the City Clerk of amounts received and disbursed from September 1st, 1874, to September 7th, 1875, inclusive, shows $67,738.99 received and $67,824.74 disbursed, showing the disbursements to exceed the receipts only $85.75.

September 7th the administration of Mayor Jacob Held terminated by limitation, and upon retiring Mr. Held delivered an appropropriate an.d feeling valedictory.

Hon. John C. Atkinson upon assuming the responsible position just vacated by the Hon. Jacob Held, read his inaugural address, a paper of considerable length, but full of most excellent suggestions. This paper showed that the executive fully comprehended the wishes and wants of the people, and in dealing with matters of public concern was clear, strong and graceful. After having called the attention of the Council to the importance of the trusts committed to its keeping, he argued that the debt of the city should not be extended beyond what it then was, and that the taxes must in no event be increased, and that the strictest economy should be exercised in every department of the city government. In the exercise of retrenchment and economy, he urged the Council to examine into various offices made subject to its control by the charter, and ascertain whether or not they were indispensible to the proper working of the municipal machinery. He urged the abolishment of all offices which could be, without material detriment to the public service, to inquire into the amount of salaries, and if found too high, cut them down to an amount considered a fair compensation for the work rendered. He argued that existing salaries were fixed at a time when general prosperity prevailed and money possessed a less value, but a time of business depression, and where labor was seeking in vain its just reward, that salaries and expenses should be reduced and made to con. form to the standard of values then existing in other departments of business. He urged the Council to make some provision for the payment of the bonds falling due in less than twelve years, to the importance of the sinking fund, to the heavy debt of the city and large amount of interest to be paid semi-annually.

The Mayor dwelt at some length upon the pride the Council should feel in the advantages possessed by Henderson. Its spacious wharf, broad and well paved streets, its well appointed gas works giving free of charge more street lamps than any city of similar size, its water works, which would afford an abundant supply of pure water for all purposes, its beautiful city of the dead, where death is robbed of half his terrors, its public schools, where all of the youth within the limits of the corporation, both white and colored, are instructed. These he urged were the city's jewels of priceless value and should be closely watched and nourished.

He paid a high compliment to those public-spirited citizens who composed the " Rescue Hook and Ladder Company," who, without the hope of fee or reward, save the consciousness of a duty performed in mitigating or pre^'enting the misfortune of those unhappy citizens whose toil of a lifetime is threatened with destruction in an hour, hold themselves in readiness to brave all the dangers incident to a fireman's life.

In conclusion, the Mayor said : " A united and harmonious city government striving to promote the happiness and prosperity of all, even the humblest citizen, and animated by an earnest desire to discharge their duty, will certainly accomplish much. We have fallen on troublous times for the past two years, the business of the countrv has been deranged and trade is not found in its accustomed channels, but this condition must shortly have an end. The signs of a change are favorable and already streaks of light of the coming day mark the horizen, and but a few months will elapse before the husbandman will again receive the promised reward of his labor, the busy hum of industry will be heard as loud as ever on our streets, labor will not seek in vain for its accustomed employment and the ring of the anvil and the trowel and the noise of the hammer and saw will make sweetest music for our ears."

The tax levied for 1875 was 85 cents for city purposes, 60 cents for school, 90 cents for railroad and 50 cents to pay interest on water works bonds, making a total of $2.85 on each $100 of valuation. In addition to this a poll-tax of $2 on each male citizen over the age of twenty-one years.

To collect this tax was a very difficult matter and in very many cases absolutely impossible. In many cases the Collector was compelled to sell realty and personalty, and altogether the burden was something terrible. Therefore it was the object and aim of the new administration to conform to the most economical views, and to thereby relieve the citizen taxpayer as much as possible.

On September 21st, the first meeting after the inauguration, the Retrenchment Committee reported, recommending sweeping reductions in salaries and in some instances abolishment of offices.

November 16th, a contract was entered into with George W. Scantland, for the purchase of sufficient ground for the extension of Adams Street, from Third to Fourth, at the L. & N. depot.

Outside of the completion of the water works and necessary legislation concerning that important public enterprise, nothing of material interest occurred during the year.

July 18th a contract was entered into by and between the city and John Haffey for building the sewer, now running from the intersection of First and Water Streets to the river.

May 1st the Retrenchment Committee reported in favor of issuing $98,000 in 6 and 7 per cent, bonds, to be used in redeeming the same amount of outstanding bonds bearing 10 per cent, interest. This proposition failed to be adopted by the Council.

The assessment of property reported this year was : for city purpurposes $2,162,035, lor water works $2,200,210, for school $2,147,- 960, for railroad $2,618,190. Upon this assessment the following levy was made : For city 80 cents on the $100 valuation, 55 cents for school, $1 for railroad and 50 Qents for water works. The delinquent list, as in. previous years, continued to be very large.

A volunteer fire company, known as " Hose Company No. 1," tendered its services and was accepted by the city. April 16th a hose reel was purchased for the benefit of this company.

There were outstanding at that time bonds of the city representing two hundred thousand dollars, bearing seven per cent, interest. One hundred thousand dollars bearing eight per cent, interest, issued to aid in building the Henderson & Nashville Railroad. Twentyeight thousand dollars of school bonds, bearing ten per cent, interest. Sixty-one thousand three hundred dollars of city funding bonds, bearing ten per cent, interest. Thirteen thousand five hundred dollars of water works extension bonds, bearing eight per cent, interest, and one hundred thousand dollars of water works bonds, bearing ten per cent, interest. The total outstanding bonded indebtedness at that time was $496,800, bearing an annual interest of $42,280. Coupled with the gradual decrease in price of all real estate, and necessary high taxes to meet this fixed and certain interest, an outstanding scrip debt of eleven or twelve thousand dollars, and scrip below par, it will require but little thought to determine the difficulties Mayor Atkinson and his Council labored under in keeping up the ordinary running machinery of government, to say nothing of the city's good credit. Yet, considering all of this, as has been before said, the city never defaulted in payment of her semi-annual interest.

By the amended charter of 1873-4, a sinking fund was established for the payment of the bonded debt, and among other sources of revenue specified for said fund, it was provided that the revenue derived from the tax on licenses and from all other specific tax should be sacredly devoted to the payment of the bonded debt of the city and to no other purpose. The fund available to the city for expenses consisted of the ad valorem and poll tax, whatever those amounts may have been, and the receipts from wharfage and fines, the whole amounting, after deductmg commissions and delinquencies, to $22,000 or $23,000. This amount, then, constituted the fund at the command of the Council to carry on the government, keep the streets in repair, and do such other things as were regarded absolutely necessary. It was evident that the people could not, or would not, suffer under this terrible yoke much longer. A very large majority of the people were beginning to consider a compromise, not a repudiating compromise, but one to be adjusted upon an honorable and equitable basis, while there were a smaller number who were in favor of scaling the bonds with a merciless indiscretion. This excitement continued to grow, yet all the while the Board of Sinking Fund Commissioners, of which the Mayor is, and was, ex officio chairman, strived without ceasing to bring about a satisfactory settlement. As this history progresses we shall see what was the result of the compromise.

The colored school had grown to such magnitude it was found necessary to have more room, and in order to accommodate the increased number of pupils, July 16th an addition of twenty by thirty feet was ordered made to the school house. Be it said to the credit of the Council, in all of its travails, sight was never lost of the educational interest of the city, but loans and donations were frequently extended to the blacks as well as the whites.

This was the year of the great temperance revival, sailing under the color of the "Red Ribbon." The movement had been inaugurated in the latter part of 1877, by an Evansville club headed by General James M. Shackelford, and had swept everything before it like a whirlwind. It was calculated to do good, and did do good, but the apathy of leading officers, partaken of by those 'who had been most active, submitted the organization to the inevitable of all such movements. Henderson alone did not partake of this wonderful contagion, but it swept the entire county. At Cairo, Robards, Hebbardsville, Corydon, Smith's Mills, Zion, and other places, clubs were formed and great numbers of people signed the pledge. All of these, be it sorrowfully said, have '"'' turned their toes to the daisies.^^

1879. This year begins with the Council of the city still laboring to effect a settlement of the bonded indebtedness. In order that this settlement may be thoroughly understood, it is deemed best to take up the beginning and follow it to the end. In the latter part of 1878 Mayor Atkinson had urged the Council to appoint a committee for the purpose of giving the matter a calm and wise consideration, and to recommend some plan for the funding of the bonded debt. The Council at this time was composed of VV. H. Lewis, George H. Steele, F. E. Kreipke, Henry Unverzaght, J. O. Clore, William H. Sandefur, Fred Kleiderer and Martin Schlamp. A committee was appointed consisting of S. K. Sneed, L. C. Dallam, John E. McCallister, L. H. Lyne, John C. Atkinson, composing the Board of Sinking Fund Commissioners, and M. Yeaman, Attorney for the city. On the sixteenth day of January this committee, composed of gentlemen of the finest financial ability, and all men of more than average wealth, gave the matter referred to them the closest scrutiny, weighing well the interest of the city, as well as consulting the rights of the bondholders, and, after calm and due deliberation, unanimously recommended that the city give in exchange for their outstanding bonds a new " bond bearing six per cent, interest (interest payable semi-annually), payable in thirty years after date (with the option of the city to redeem after five years) at the rate of eighty cents to one dollar for the seven per cent bonds, ninety cents to one dollar for the eight per cent, bonds, and one hundred cents to the on^dollar for the ten per cent bonds. This will be, as we believe, substantial and relative justice to all parties, would be a saving to the city of $15,000 a year interest and $50,000 of the principal debt, and give to the bondholder a safer investment of his money in a bond the city can more certainly provide for." This report was received and filed for future consideration. On the 18th day of February the question was again called up, and thereupon a report, signed by seven members of the Council, and a minority report signed by one member, were received and ordered filed.

The majority committee, composed of Fred. Kleiderer, F, E. Kreipke, J. O. Clore, George H. Steele, W. H. Unverzagt, Martin Schlamp and W. H. Sandefur, reported that m their opinion the city should issue new bonds bearing five per cent, interest, payable semiannually, the bonds payable in thirty years, but may be redeemed at the pleasure of the city at any time after five years ; said new bonds to be given in exchange for the now outstanding bonds of the city, on the following basis : Seventy cents on the dollar for seven per cent, railroad bonds, eighty cents on the dollar for eight per cent, railroad bonds, one hundred cents on the dollar for school, water works and city bonds.

The minority report was signed by Councilman W. H. Lewis and is in substance as follows : He reasoned that as property had shrunk in value below fifty per cent,, that there was no reason Nyhy the bonds should not shrink in a like ratio; therefore, that he favored paxing the seven per cent, bonds at fifty cents on the dollar, the eight per cent, bonds at sixty cents on the dollar, and the ten per cent, bonds at seventy-five cents on the dollar, and that the settlement be made by substituting a new bond bearing five, per cent, interest.

The proposition to fund the bonded indebtedness of the city had now become the town talk, nothing else was thought of. Politicians and office seekers had seizf:d upon it and hoped to ride into office upon their own peculiar hobby, no matter how damaging their views may have been to the public welfare. Scores of men who barely knew the marked difference between a city bond and a map of North America, talked of nothing else but bonds, and just what sort of a settlement should be adopted, and thus it was the weak kneed, looking ahead for accumulating popularity, pandered to the ruinous policy) while the substantial element, holding the general good of the city

The bondholders recognized that the city needed relief, and were more than willing to contribute to it. 'I'hey were, perhaps, the originators of the movement, for a large majority of them were deeply interested outside of the amount of bonds they held.

March 4th, Mayor Atkinson urged the Council that if they proposed to adhere to the majority report that they appoint a committee to prepare and submit a printed proposal to the bondholders. Upon this suggestion a committee was appointed consisting of the Mayor and Attorney Yeamen. In addition to this, as a sort of persuader, they were to incorporate with the proposal a statement of the city's debt and her resources, as they might deem advisable. On the twelfth day of March the committee reported a paper addressed to the bondholders wherein they set forth the wishes of the Council, as reported by the majority committee, in regard to funding the bonds, making a clear exhibit of the bonded indebtedness of the city, the valuation of property in the city for taxation for city, railroad, school and water works purposes, showing the property belonging to the city and from what source she derives her revenues, the current expenses of the city, and, in fact, a clear, full and fair exhibit of all matters pertaining to the subject then in hand. Upon the report of Mayor Atkinson and Hon. M. Yeaman, Council advisor, being read, a resolution was passed by the Council approving of the report, and requesting the bondholders to signify their acceptance or rejection of the proposition of the Council contained in said statement on or before the first day of May, 1879. This statement was inclosed to the bondholders, and on April 1st Mayor Atkinson and Mr. Yeaman reported that a majoritv of the holders of the bonds had been heard from, and that most of them refused to accept the proposition of the Council, and urged that the report of the Sinking Fund Commissioners, or something else which would likely be accepted by the bondholders be proposed to them. Thereupon the Council, like unto eight lost men, afraid of their own shadows, resolved and directed Mayor Atkinson, (notwithstanding the bondholders had signified a willingness to accept the proposition as embodied in the report of the Sinking Fund Commissioners) to correspond with those bondholders from whom he had heard, as well as those from whom he had not, what '' plan or proposition " they were willing to accept, assuring them that the Council was desirous of coming to some honorable settlement. The Mayor was then requested to report at the next regular meeting. April 28th

Mayor Atkinson reported that he had conversed with a number of the largest bondholders, but failed to get any proposition from them. He again urged the adoption of the proposition of the Sinking Fund Commissioners, whereupon a motion was made to receive and record the report of the Mayor, but it was lost by a vote of four to four, Messrs. Steele, Kreipke, Sandefur and Kleiderer voting in the affirmative, Messrs. Unverzaght, Clore, Schlamp and Lewis in the negative.

In order to settle this perplexing question the Council held frequent caucus meetings. New ideas suggested themselves and were discussed. Every evidence of ability was exercised to effect an intelligent solution of the momentous matters in hand. Just the thing to do, the proper step to take was the question. The supervisors of the tax books had reported, and the time had arrived for levying the several taxes. The report had been referred to the Finance Committee and they were ready with their report. The Mayor called a meeting for June 6th for the purpose of considering the report of the Finance Committee upon the report of the Supervisors and Assessor. Mayor Atkinson and the Council differed as to what course should be pursued in levying the annual taxes for 1879. The very strange course the Council seemed determined upon was met by the Mayor's strong opposition, but was passed over him by a unanimous vote. The Finance Committee had reported that a tax of $3.45 would have to be levied upon each $100 valuation, in order to defray expenses, pay interest, and so on, and furthermore that State taxation would increase said amount to $4. Accompanying this report was also a resolution, that the Council levy only a tax of 30 cents on each $100 valuation for school purposes and 70 cents to defray the necessary expenses of the city for the year ending July 1st, 1880. Also that it would be inexpedient to levy any tax to pay existing interest on the bonded indebtedness. This resolution, it would seem, was intended as a genuine bulldozer^ no doubt to frighten the holders of the city's bonds into a compromise, but such was not the case, as will be seen further on. The truth was, the Council had " dilly dallied " long enough. A liberal compromise had been offered them, but rejected, and the people were beginning to become restive and out of all patience.

The city was losing ground every day and something had to be done, therefore, as a feeler more than anything else, this resolution was passed. It was worded to capture the masses, and al- together was a serio comic dodge calculated to " wake the natives " to a sense of the terrible condition they had gotten themselves into without persuasion, and the bond holders to a sense of the perilous monitary situation gradually surrounding them. This movement of the checkmate, all of a sudden, failed to have the desired effect. The bondholders paid no attention to it, but moved along as serenely and complacently as though nothing had ever occurred to mar their peaceful equilibrium. Thus matters went on until it was discovered that something must indeed be done. A large number of mechanics had left the city and others were prepari,ng to follow after. No buildings were going up, houses were being emptied, and altogether the signs of the times were becoming truly alarming. The bondholders could stand it, but those who had to live by the sweat of their brow could not.

September 2d Mayor Atkininson's term of office expired, and relying upon a consciousness of having done his whole duty as an executive, he gracefully surrendered the reins of government to Hon. Francis M. English, his duly elected successor.

Upon the inauguration of the new Mayor, who be it said, had been elected upon the compromise excitement as the very man of all men to effect a satisfactory settlement, this vexed question was again called up in the shape of a resolution requesting the bondholders to meet the Common Council in conference on Tuesday evening, September 9th. No meeting it appears was held for a month, and yet the city was not only dead, but the corpse gradually growing colder and colder.

October 9th the Council met in called session, and upon assembling, Mayor English stated the object of the meeting to be to consider what proposition should be made to the bondholders.

At this meeting it is evident that the Council was in a better frame of mind and more determined to a settlement. As a sort of " feeler," Councilman Kleiderer proposed as a basis of settlement the minority report of Councilman Lewis, made February 18th, 1879. A vote was taken and resulted in its defeat, no one voting for it, save Mr. Lewis himself. Thereupon the majority report made to the Council upon the same date, was proposed and unanimously adopted. Mr. Lewis voimg for it for the purpose of having the matter settled, Mayor Englibh was then directed to communicate with the bondholders by printed circular.

cil, inclosing them one of the printed propositions, and requesting an answer by the twenty-first ; also requesting all creditors and taxpayers of the city lu ue present. The^reditors and taxpayers failed to put in an appearance, from th j fact, perhaps, it was regarded a difficult and uncomfortable matter to impress one thousand or more people into a room only capable of accommodating forty or more. One hundred and fifty-six taxpayers did put in an appearance by petition, however, and a petition that had its weight.

At the meeting, October 21st, Mayor English reported a letter from John G. Morton, representing the Hopkins county bondholders, declining to accept the proposition of the Council as communicated in the printed circular ; also a petition signed by one hundred and fifty-six citizens requesting the Council to offer to the bondholders new bonds bearing five per cent, interest, in lieu of the seven and eight per cent, outstanding bonds, and new bonds bearing six per cent, interest in lieu of the ten per cent, outstanding bonds. This petition, as before stated, had its weight, as the following resolution passed by the Council October 24th, three days after, will show :

^'Resolved, That this Council tender to the holders of the outstanding bonds of the City ot Henderson, Kj , new bonds, bearing five per cent, interest for the seven and eight per cent, bonds, and new bonds bearing six per cent, interest for the ten per cent bonds, said bonds to be issued under authority and in accordance with an act of the Legislature of the State of Kentucky, approved January 30th, 1878, and all past due interest on the outstanding bonds to be paid at same rate that the new bonds will bear to the old."

This resolution was supported and voted for by Councilmen Kreipke, Unverzaght, Clore, Sandefur, Kleiderer and Schlarap. Opposed by Steele and Lewis. Upon its passage the following resolution of the Board of Sinking Fund Commissioners was read to the Council and by that body adopted.

'^Besolved, That we agree that the funds now on hand and to come into the Treasury of this Board shall be applied to the payment of the interest on the new bonds proposed to be issued.

November 18th, Messrs. Leonard H. Lyne and S. K. Sneed, gentlemen who had from the beginning taken a most active and leading interest in the settlement of the bonded troubles upon an equkable and just basis, reported to the Council that holders of the bonds of the city amounting to $435,000 had signed an agreement accepting the proposition of the Council made to them. This report was received and Messrs. Lyne and Sneed requested to procure, if possible, the signatures of the remaining bondholders. In addition to