Columbia County, Wisconsin - Chapter with an unread heading (no. 1 of those read), 1880 (part 11 of 12)
From The History of Columbia County, Wisconsin, Containing an Account of Its Settlement .., published 1880. 15,833 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
27 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
- Landlord And Tenant
- Marks And Brands
- Surveyors And Surveys
- Support Of The Poor
- Married Women
- Arrest
- Attachment Garnishment
- Judgment
- Stay Laws
- Limitations Of Actions
- Commercial Terms
- Suggestions To Those Purchasing Books By Subscription
- Preamble
- Declaration Of Rights
- Suffrage
- Legislative
- Constitution Of The State Of Wisconsin
- Finance
- Eminent Domain And Property Of The State Education
- Miscellaneous. Provisions
- Constitution Of The United States
- Article
- Constitl'Tion Of The United States
- George Washington
- Alphabetical List Of Counties And Cities With Gubernatorial And Presidential Votes
- Portage City
- Geological Formations Of The Several Towns
Parts
The book prints this as one long chapter. It is split here so no single page grows too heavy to load; the text runs continuously across the parts and nothing is omitted.
The text
15,833 wordsMachine-read from scans of The History of Columbia County, Wisconsin, Containing an Account of Its Settlement .., published 1880. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
1. When any owner of uninclosed lands shall desire to inclose the same, he may have the line between his land and the adjoining land of any other person divided, and the portion upon which the respective owners shall erect their share of the partition fence assigned, whether sucii adjoining land be inclosed or not.
2. When any lands belonging to different persons in severalty, shall have been occupied in common, or without a partition fence between them, and one of the occupants shall be desirous to occupy his part in severalty, and the others shall refuse or neglect, on demand, to divide with him the line where the fence ought to be built, or to build a sufficient fence on his part of the line, when divided, the occupant desiring it may have the same divided, and the share of each assigned.
3. When any controversy shall arise about the right of the respective occupants in partition fences, or their obligations to maintain the same, either party may have the line divided, and the share of each assigned.
In either case, application may be made to two or more Fence Viewers of the town where the lands lie, wlio shall give reasonable notice in writing to each party, and they shall in writing under their hands, divide the partition fence or line, and assign to each owner or occupant his share thereof, and in the second and third cases direct within what time each party shall build or repair his share of the fence, having regard to the season of the year, and shall file such decision in the Town Clerk's office. If either party shall neglect or refuse to build or repair within the time so assigned, his part of the fence, the other may, after having completed his own part, build or repair such part, and recover double the expense thereof
Where the whole or a greater share than belongs to him has been built by one of the occupants, before complaint to the Fence Viewers, the other shall be obliged to pay for his share of such fence.
Where uninclosed land is afterward inclosed, the owner shall pay for one-half the partition fence upon the line between him and any other owner or occupant.
If any person shall determine not to keep inclosed any part of his land adjoining any partition fence, and shall give six months' notice of such determination to all adjoining occupants, he shall not be required to maintain any part of such fence during the time his lands shall lie open.
Landlord And Tenant
The atonement of a tenant to a stranger shall be absolutely void, and shall not in anywise effect the possession of his landlord, unless it be made
3. To a purchaser upon a judicial sale, who shall have acquired title to the lands by a conveyance thereof, after the period for redemption, if any, has expired. A tenancy, a will or sufferance may be determined by the landlord, giving one month's notice to quit, or the tenant giving one month's notice of his intention to quit, or if the terms of payment are for less than a month, notice equal to the time between payments, or for non-payment of rent, fourteen days' notice to quit. Such notice shall be served by delivering the same to such tenant, or to some person of proper age residing on the premises, or if no such person can be found, by affixing the same in a conspicuous part of the premises, where it may be conveniently read, and, at the expiration of the time required after the service of such notice, the landlord may re-enter, or maintain an action for the recovery of the possession thereof, or proceed in the manner prescribed by law to remove such tenant without further or other notice to quit. If, after giving notice of determination to quit, the tenant neglects or refuses to deliver up the premises, he shall be liable to double the rent agreed upon, to be collected the same as single rent.
Marks And Brands
Every Town Clerk shall, on application of any person residing in his town, record a description of the marks or brands with which such person may be desirous of marking his horses, cattle, sheep or hogs ; but the same description shall not be recorded or used by more than one resident of the same town. If any person shall mark any of his horses, cattle, sheep or hogs, with the same mark or brand previously recorded by any resident of the same town, and while the same mark or brand shall be used by such resident, he shall forfeit for every such offense $5 ; if any person shall willfully mark or brand any of the horses, cattle, sheep or hogs, of any other person with his mark or brand, he shall forfeit for every such offense $10 ; and, if any person shall willfully destroy or alter any mark or brand upon any of the horses, cattle, sheep or hogs of another, he shall forfeit $10, and pay to the party injured double damages.
Surveyors And Surveys
The surveyor may appoint and remove deputies at will, on filing a certificate thereof with the County Clerk. He shall be responsible on his bond for the faithful performance by every deputy of his duties.
(1.) To execute, himself or by his deputy, any survey which may be required of him by order of court, or upon application of any individual or corporation.
(2.) To make a record of the plat and field notes of each survey made by him or his deputies, in record books kept therefor, and to so arrange or index the same as to be easy of reference, and to file and preserve in his office the original field notes and calculations thereof.
(3.) To safely keep all books, records, plats, files, papers and property belonging to his ofiice ; afford opportunity to examine the same to any person desiring, and deliver the same to his successor in office.
(5.) To administer to every chainman and marker assisting in any survey, before commencing their duties as such, an oath or affirmation faithfully and impartially to discharge the duties of chainman or marker, as the case may be ; and the surveyor and his deputies are empowered to administer the same.
The surveyor and his deputies may demand and receive the following fees, except it be otherwise agreed upon with the parties employing them, to wit :
Support Of The Poor
Every town shall relieve and support all poor and indigent persons lawfully settled therein, whenever they shall stand in need thereof, excepting as follows:
The father, mother and children, being of sufficient ability, of any poor person, who is blind, old, lame, impotent or decrepit, so as to be unable to maintain himself, shall, at their own charge, relieve and maintain such poor person in such manner as shall be approved by the Super visors of the town where such person may be, and, upon the failure of any such relative so to do, the Supervisors shall apply to the County Judge for an order to compel such relief
Married Women
In Wisconsin, the marriage of a femvie sole, executrix ot administratrix, extinguishes her authority ; and of a female ward, terminates the guardianship as to custody of person, but not as to estate. The husband hokls his deceased wife's lands for life, unless she left, by a former husband, issue to whom the estate might descend. Provisions exist by which powers may be given to married women, and regulating their execution of them. If husband and wife are impleaded, and the husband neglects to defend the rights of the wife, she applying before judgment, may defend without him ; and, if he lose her land, by default, she may bring an action for ejectment after his death. The real estate of females married before, and the real and personal property of those after February 21, 1850, remain their separate property. And any married woman may receive, but not from her husband, and hold any property as if unmarried. She may insure the life of her husband, son, or any other person, for her own exclusive benefit. The property of the wife remains to her separate use, not liable for her husband's debts, and not subject to his disposal. She may convey her separate property. If her husband desert her, or neglect her, she may become a sole trader; and she may insure his life for her benefit. Her husband is not liable for her debts contracted before marriage ; the individual earnings of the wife are her separate property, and she may sue, and be sued alone, in regard to the same. She may make and hold deposits in savings-banks. She may, by a separate conveyance, release her dower in any lands which her husband has conveyed.
If a woman has authority, she can transact all her husband's business for him ; and while they live together, the wife can buy all family things necessary for the support of the family, and for which he is liable.
The husband is responsible for necessaries supplied to his wife, if he does not supply them himself ; and he continues so liable, if he turns her out of his house, or otherwise separates himself from her without good cause. But he is not so liable, if she deserts him (unless on extreme provocation), or if he turns her away for good cause. If she leaves him, because he treats her so ill, that she has good right to go from him, this is the same thing as turning her away, and she carries with her his credit for all necessaries supplied to her ; but what the misconduct must be, to give this right, is uncertain. In America the law miist be, and undoubtedly is, that the wife is not obliged to stay and endure cruelty and indecency.
If a man lives with a woman as his wife, and represents her to be so, he is responsible, the same as if she were his wife, even if it is known that she is not his wife. -
All distinctions have been abolished, and there is now but one form, which must be prosecuted in the name of the real party in interest, except in case of executors, administrators and trustees, and which is begun by the service of a summons on the defendant, to be answered within twenty days.
Arrest
Defendant may be arrested : 1. In an action to recover damages not on contract, where the defendant is a non-resident, or is about to remove from the State, or where the action is for injury to the person or character, or for injury to, or wrong taking, detaining or converting property, or in an action to recover damages for property taken under false pretenses.
2. In an action for a fine or penalty or for money received or property embezzled or fraudulently misapplied by a public officer or attorney, solicitor, or counsel or officer of a corporation as such, or factor agent or broker, or for misconduct or neglect in ofl5cial or professional employment.
4. Where the defendant was guilty of fraud in contracting the debt, or in concealing or disposing of the property for the taking, detaining or disposing of which the action is brought.
Attachment Garnishment
is allowed on an affidavit on behalf of the creditor, that he believes that any third person (naming him) has property effects, or credits of defendant, or is indebted to him, also in execution, on a similar affidavit.
Judgment
is a lien on real estate in the county where rendered from the date of docketing, and in other counties from the time of filing a transcript, and the lien continues for ten years. It bears interest at 7 per cent, or as high as 10 per cent if stipulated for in the contract.
Stay Laws
On sums not exceeding $10, exclusive of costs, one month ; between $10 and $30, two months ; between $30 and $50, three months ; over $50, four months.
A homestead not exceeding forty acres, used for agriculture and a residence, and not included in a town plat or a city or village ; or, instead, one-quarter of an acre in a recorded town plat, city or village. Also, 1, Family Bible : 2, Family pictures and school-books; 3, Private library ; 4, Seat or pew in church ; 5, Right of burial : 6. Wearing-apparel, beds, bedsteads and bedding, kept and used in the family, stoves and appurtenances, put up and used, cooking utensils and houseliold furniture to the value of $200, one gun, rifle or fire-arm to the value of $50 ; 7, Two cows, ten swine, one yoke of oxen and one horse or mule, or, in lieu thereof, a span of horses or mules, ten sheep and the wool therefrom, necessary food for exempt stock for one year, provided or growing or both, one wagon, cart or dray, one sleigh, one plow, one drag and other farm utensils, including tackle for the teams to the value of $50 ; 8, Provisions and fuel for the family for one year ; 9, Tools and implements or stock-in-trade of a mechanic or miner, used and kept, not exceeding $200 in value, library and implements of a professional man to the value of $200 ; 10, Money arising from insurance of exempt property destroyed by fire; 11, Inventions for debts against the inventor; 12, Sewing-machines; 13, Sword, plate, books or articles presented by Congress or Legislature of a State ; 14, Printingmaterial and presses to the value of $1,500; 15, Earnings of a married person necessary for family support for sixty days previous to issuing process.
Limitations Of Actions
Real actions, twenty years ; persons under disabilities, five years after removal of the same. Judgments of Courts of Record of the State of Wisconsin and sealed instruments when the cause accrues within the State, twenty years. Judgments of other Courts of Record and sealed instruments accruing without the State, ten years. Other contracts, statute liabilities other than penalties and forfeitures, trespass on real property, trover detinue and replevin, six years. Actions against Sheriffs, Coroners and Constables, for acts done in their official capacity, except for escapes, three years. Statutory penalties and forfeitures, libel, slander, assault, battery and false imprisonment, two years. Actions against Sheriffs, etc., for escapes, one year. Persons under disabilities, except infants, may bring action after the disability ceases, provided the period is not extended more than ^'re 2/ears, and infants one year after coming of age. Actions by representatives of deceased persons, one year from death ; against the same, one year from granting letters testamentary or of administration. New promise must be in
Commercial Terms
$ - Means dollars, being a contraction of U. S., which was formerly placed before any denomination of money, and meant, as it means now. United States currency.
@ - Stands for at or to ; Ife for pounds, and bbl. for barrels ; "^ for per, or by the. Thus : Butter sells at 20@.30c f ft, and Flour at $8(« 12 f bbl. % for per cent., and * for numbers.
May 1. Wheat sells at $1.20@$1. 25, " seller June." Seller June means that the person who sells the wheat has the privilege of delivering it at any time during the month of June.
Selling short is contracting to deliver a certain amount of grain or stock at a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling short to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the "shorts " are termed "bears."
Buying long is to contrive to purchase a certain amount of grain or shares of stock at a fixed price, deliverable within a stipulated time, expecting to make a profit by the rise in prices. The " longs " are termed " bulls," as it is for their interest to " operate " so as to " toss " the prices upward as much as possible.
Suggestions To Those Purchasing Books By Subscription
The business of publishing books by subscription having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made :
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described ; the consideration is concurrent that the publisher shall publisli the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the principal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they cannot be altered, varied or rescinded verbally, but, if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it in any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They cannot collect money, or agree that payment may be made in anything else but money. They cannot extend the time of payment beyond the time of deli.ery. nor bind their principal for the payment of expenses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is ; if they cannot read themselves call on some one disinterested who can.
Preamble
We, the People of Wisconsin, grateful to Almighty God for our freedom ; in order to secure its blessings, form a more perfect government, insure domestic tranquillity, and promote the general welfare, do establish this Constitution.
Declaration Of Rights
Section 1. All men are born free and independent, and have, among other rights, those of life, liberty and pursuit of happiness. Governments are instituted to secure these rights.
Sec. 8. Criminal off'enses shall be prosecuted on presentment of a grand jury. No one shall be twice put in jeopardy for the same offense, nor be compelled to be a witness against himself Every one shall have the right of giving bail except in capital offenses ; and the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion.
Sec. 10. Treason consists in levying war against the State, or giving aid and comfort to its enemies. Two witnesses are necessary to convict a person of the crime.
Section 1. The boundary of the State, beginning at the northeast corner of the State of Illinois, runs with the boundary line of Michigan, through Lake Michigan and Green Bay, to the mouth of the Menominie River : up that stream and the Brule River to Lake Brule ; along the southern shore of that lake to the Lake of the Desert ; thence in a direct line to the head of Montreal River ; down the main channel of that stream to the middle of Lake Superior ; thence through the center of said lake to the mouth of St. Louis River ; up the channel of that stream to the first rapids ; thence due south to the main branch of the St. Croix ; down that river and the Mississippi to the northwest corner of Illinois ; thence due east with the northern boundary of that State to the place of beginning.
Suffrage
Section 1. The qualified electors are all male persons twenty-one years of age or upward, who are (1.) white citizens of the United States ; (2.) who are white persons of foreign birth that have declared their intentions, according to law, to become citizens ; (3) who are persons of Indian blood and citizens of the United States ; and (4.) civilized Indians not members of any tribe.
Sec. 2. Persons under guardianship, such as are non compus mentis or insane, and those convicted of treason and felony and not pardoned, are not qualified electors.
Sec. 6. Persons convicted of bribery, larceny or any infamous crime, or those who bet on elections, may be excluded by law from the right of suffrage.
Legislative
Sec. 2. Members of the Assembly shall never number less than fifty-four, nor more than one hundred ; of the Senate, not more than one-third, nor less than one-fourth of the members of the Assembly.
Sec. 8. Census shall be taken, every ten years, of the inhabitants of the State, beginning with 1855, when a new apportionment of members of the Senate and Assembly shall be made ; also, after each United States census.
Sec. 15. Except treason, felony and breach of the peace, members are privileged from arrest in all cases; nor subject to any civil process during a session.
Sec. 21. [Each member shall receive, as an annual compensation, three hundred and fifty dollars and ten cents for each mile traveled in going to and returning from the seat of government]. As amended in 1867.
Sec. 22. Boards of Supervisors may be vested with powers of a local, legislative and administrative character, such as shall be conferred by the Legislature.
Sec. 26. Extra compensation to any public officer shall not be granted after service is rendered, nor shall his compensation be increased or diminished during his term of office.
Sec. 31. [Special legislation is prohibited (1) for changing the names of persons, or constituting one person the heir-at-law of another ; (2) for laying out, opening or altering highways, except in certain cases; (3) for authorizing persons to keep ferries; (4) for authorizing the sale of the pi'operty of minors ; (5) for locating a county seat ; (6) for assessment of taxes ; (7) for granting corporate powers, except to cities; (8) for apportioning any part of the school fund ; and (9) for incorporating any town or village, or to award the charter thereof]. Added by amendment, in 1871.
Sec. 32. [General laws shall be passed for the transaction of any business prohibited by Section 21 of this Article.] Added by amendment, in 1871.
Section 1. The executive power shall be vested in a Governor, who shall hold his office two years. A Lieutenant Governor shall be elected at the same time and for the same term.
Sec. 4. The Governor shall be (1) commander-in-chief of the military and naval forces of the State; (2) he has power to convene the Legislature in extra session ; (3) he shall communicate to the Legislature all necessary information ; (4) he shall transact all necessary business with the officers of the State ; and (5) shall expedite all legislative measures, and sec that th» laws are faithfully executed.
Sec. 7. The executive duties shall devolve upon the Lieutenant Governor when, from any cause, the executive office is vacated by the Governor.
Sec. 8. The Lieutenant Governor shall be President of the Senate. The Secretary of State shall act as Governor when both the Governor and Lieutenant Governor are incapacitated from any causes to fill the executive office.
Sec. 10. All legislative bills shall be presented to the Governor for his signature before they become laws. Bills returned by the Governor without his signature may become laws by agreement of two-thirds of the members present in each house.
Section 1. A Secretary of State, Treasurer and Attorney General shall be elected at the times and places of choosing members of the Legislature, who shall severally hold their offices for two years.
Sec. 2. The Secretary of State shall keep a record of the official acts of the Legislature and Executive Department. He shall be ex officio Auditor.
Section 1. The Senate shall form the Court of Impeachment. Judgment shall not extend further than removal from office ; but the person impeached shall be liable to indictment, trial anil punishment, according to law.
Sec. 2. The judicial power of the State is vested in a Supreme Court, Circuit Courts, Courts of Probate, and in .Justices of the Peace. Municipal courts, also, may be authorized.
Sec. 3. The Supreme Court shall have appellate jurisdiction only. Trial by jury is not allowed in any case. The Court shall have a general superintending control over inferior courts, and power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other original and remedial writs.
Constitution Of The State Of Wisconsin
Sec. 4. [The Supreme Court shall consist of one Chief Justice, and four Associate Justices, each for the term often years.] As amended in 1877.
Sec. 8. The Circuit Courts shall have original jurisdiction in all matters civil and criminal, not excepted in this Constitution, and not prohibited hereafter by law, and appellate jurisdiction from all inferior courts. They shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and all other writs necessary to carry their orders and judgments into effect.
Sec. 9. Vacancies in the office of Supreme or Circuit Judge shall be filled by the Governor. Election for Judges shall not be at any general election, nor within thirty days before or after said election.
Sec. 10. Judges of the Supreme and Circuit Courts shall receive a salary of not less than one thousand five hundred dollars, and shall hold no other office, except a judicial one, during the term for which they are respectively elected. Each Judge shall be a citizen of the United States, and have attained the age of twenty-five years. He shall also be a qualified elector within the jurisdiction for which he may be chosen.
Sec. 11. The Supreme Court shall hold at least one term annually. A Circuit Court shall be held at least twice in each year, in each county of this State organized for judicial purposes.
Sec. 12. There shall be a Clerk of the Circuit Court chosen in each county, whose term of office shall be two years. The Supreme Court shall appoint its own Clerk.
Sec. 13. Any Judge of the Supreme or Circuit Court may be removed from office by vote of two-thirds of all the members elected to both Senate and Assembly.
Sec. 15. ' Justices of the Peace shall be elected in the several towns, villages and cities of the State, in such manner as the Legislature may direct, whose term of office shall be two years. Their civil and criminal jurisdiction shall be prescribed by law.
Sec. 17. The style of all writs and process shall be " The State of Wisconsin." Criminal prosecutions shall be carried on in the name and by authority of the State ; and all indictments shall conclude against the peace and dignity of the same.
Sec. 18. A tax shall be imposed by the Legislature on all civil suits, which shall constitute a fund, to be applied toward the payment of the salary of Judges.
Sec. 21. Statute laws and such judicial decisions as are deemed expedient, shall be published. No general law shall be in force until published.
Sec. 22. The Legislature at its first session shall provide for the appointment of three Commissioners to revise the rules of practice in the several Courts of Record in the State.
Sec. 23. The Legislature may confer judicial powers on one or more persons in each organized county of the State. Powers granted to such Commissioners shall not exceed that of a Judge of a Circuit Court at chambers.
Finance
Sec. 2. [No money shall be paid out of the treasury except in pursuance of an appropriation by law. Claims made against the State must be filed within six years after having accrued.] As amended in 1877.
Eminent Domain And Property Of The State Education
Section 1. The supervision of public instruction shall be vested in a State Superintendent and such other officers as the Legislature shall direct. The annual compensation of the State Superintendent shall not exceed twelve hundred dollars.
Sec 2. The school fund to support and maintain common schools, academies and normal schools, and to purchase apparatus and libraries therefor, shall be created out of (1) the proceeds of lands from the L^nited States ; (2) out of forfeitures and escheats ; (3) out of moneys paid as exemptions from military duty ; (4) out of fines collected for breach of penal laws; (5) out of any grant to the State where the purposes of such grant are not specified; (6) out of the proceeds of the sale of five hundred thousand acres of land granted by Congress September 14, 1841 ; and (7) out of the five per centum of the net proceeds of the public lands to which the State shall become entitled on her admission into the Union (if Congress shall consent to such appropriation of the two grants last mentioned.)
Sec. 3. District schools shall be established by law which shall be free to all children between the ages of four and twenty years. No sectarian instruction shall be allowed therein.
Sec. 4. Each town and city shall raise for common schools therein by taxation a sum equal to one-half the amount received from the school fund of the State.
Sec. 5. Provisions shall be made by law for the distribution of the income of the school fund among the several towns and cities for the support of common schools therein ; but no appropriation shall be made when there is a failure to raise the proper tax, or when a school shall not have been maintained at least three months of the year.
Sec. 6. Provision shall be made by law for the establishment of a State University. The proceeds of all lands granted for the support of a university by the United States shall constitute "the University fund," the interest of which shall be appropriated to the support of the State University. No sectarian instruction shall be allowed in such university.
Sec. 7. The Secretary of State, Treasurer and Attorney General shall constitute a Board of Commissioners to sell school and university lands and for the investments of the proceeds thereof.
Sec. 8. School and university lands shall be appraised and sold according to law. The Commissioners shall execute deeds to purchasers, and shall invest the proceeds of the sales of such lands in such manner as the Legislature shall provide.
Section 1. Corporations without banking powers may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws.
Sec. 3. Cities and incorporated villages shall be organized, and their powers restricted by law so as to prevent abuses. [No county, city, town, village, school district, or other municipal corporation, shall become indebted to exceed five per centum on the value of the taxable property therein.] As amended in 1874.
Sec. 5. The question of " bank " or "no bank " may be submitted to the voters of the State; and if a majority of all the votes cast shall be in favor of banks, the Legislature shall have power to grant bank charters, or pass a general banking law.
Section 1. Amendments to the Constitution may be proposed in either house of the Legislature, and referred to the next Legislature and published for three months previous. If agreed to by a majority of all the members elected to each house, then the amendment or amendments shall submit them to the vote of the people ; and if the people shall approve and ratify such amendment or amendments, they shall become a part of the Constitution.
Sec. 2. If a convention to revise or change the Constitution shall be deemed necessary by the Legislature, they shall recommend to the electors of the State to vote at the next general election for or against the same. If the vote shall be for the calling of such convention, then the Legislature, at its next session, shall provide for the same.
Miscellaneous. Provisions
Section 1. The political year for Wisconsin shall commence on the first Monday in January in each year. General elections shall be holden on the Tuesday succeeding the first Monday in November.
Sec. 3. United States oiBcers (except Postmasters), public defaulters, or persons convicted of infamous crimes, shall not be eligible to office in this State.
Sec. 4. A great seal for the State shall be provided, and all official acts of the Governor (except his approbation of the laws), shall be authenticated thereby.
Sec. 6. Elective officers of the Legislature, other than the presiding officers, shall be a Chief Clerk, and a Sergeant-at-Arms, to be elected by each House.
Sec. 7. No county with an area of nine hundred square miles or less, shall be divided, without submitting the question to the vote of the people of the county.
Sec. 8. [The Legislature is proliibited from enacting any special or private laws, for locating or changing any county seat.] See amendment adopted in 1871, as Sec. 31 (Subdivision 5) of Art. IV.
Sec. 10. The Legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this Constitution.
Section 1. All rights under the Territorial government are continued under the State government. Territorial processes are valid after the State is admitted into the Union.
Sec. 2. Existing laws of the Territory of Wisconsin not repugnant to this Constitution shall remain in force until they expire by limitation or are altered or repealed.
Si:c. 4. Territorial recognizances, bonds and public property shall pass to and be vested in the State. Criminal prosecutions, offenses committed against the laws, and all actions at law and suits in equity in the Territory of Wisconsin shall be contained in and prosecuted by the State.
Sec. 5. Officers holding under authority of the United States or of the Territory of Wisconsin shall continue in office until superseded by State authority.
Sec. 6. The first session of the State Legislature shall commence on the first Monday in June next, and shall be held at the village of Madison, which shall be and remain the seat of government until otherwise provided by law.
Sec. 7. Existing county and town officers shall hold their offices until the Legislature of the State shall provide for the holding of elections to fill such offices.
Sec. 8. A copy of this Constitution shall be transmitted to the President of the United States to be laid before Congress at its pi-esent session.
Sec. 9. This Constitution shall be submitted to the vote of the people for ratification or rejection on the second Monday in March next. If ratified, an election shall be held for Governor, Lieutenant Governor, Treasurer, Attorney General, members of the State Legislature and members of Congress, on the second Monday of May next.
Sec. 11. The several elections provided for in tliis Article shall be conducted according to the existing laws of the Territory of Wisconsin.
Sec. 13. The common law in force in the Territory of Wisconsin shall continue in force in the State until altered or suspended by the Legislature.
Sec. 14. The Senators first elected in the even-numbered Senate districts, the Governor, Lieutenant Governor and other State officers first elected under this Constitution, shall enter upon their duties on the first Monday of June next, and hold their offices for one year from the first Monday of January next. The Senators first elected in the odd-numbered districts and the members of the Assembly first elected shall enter upon their duties on the first Monday of June next, and continue in office until the first Monday in January next.
We, the undersigned, members of the Convention to form a Constitution for the State of Wisconsin, to be submitted to the people thereof for their ratification or rejection, do hereby certify that the foregoing is the Constitution adopted by the Convention.
Constitution Of The United States
We, the peoj}le of the United States, in order to form a more perfect union, establish justice,, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Article
Section 1. All legislative powers herein granted shall be vested in a Congress, which shall consist of a Senate and House of Representatives.
Sec. 2. The House of Representatives shall be composed of members chosen every second year by the people of the States, and electors shall have qualifications for electors of the most numerous branch of the State Legislature.
Representatives must be twenty-five years of age, and must have been seven years citizens of the United States, and inhabitants of the State in which they shall be' chosen.
Representatives and direct taxes shall be apportioned among the several States according to population, which shall be determined by adding to the whole number of free persons, including apprentices and excluding Indians not taxed, three-fifths of all other persons. The enumeration shall be made within three years after the first meeting of Congress, and every ten years thereafter in such manner as Congress fehall by law direct. States shall have one Representative only for each tliirty thousand, but each State shall have at least one Representative ; and until such enumeration shall be made. New Hampshire shall choose three ; Massachusetts, eight ; Rhode Island, one ; Connecticut, five ; New York, six ; New Jersey, four ; Pennsylvania, eight ; Delaware, one; Maryland, six; Virginia, ten; North Carolina, five ; South Carolina, five, and Georgia, three.
Sec. 3. The Senate shall be composed of two Senators from each State, chosen by the Legislature thereof for six years ; and each Senator shall have one vote.
Senators shall be divided as equally as may be into three classes immediately after assembling, in consequence of the first election. The first class shall vacate their seats at the expiration of the second year ; the second class, at the expiration of the fourth year, and the third class, at the expiration of the sixth year, so that one-third may be chosen every second year ; and vacancies happening by resignation or otherwise during the recess of the Legislature of any State may be filled by temporary appointments of the Executive until the next meeting of the Legislature.
All Senators shall have attained the age of thirty years, and shall have been nine years citizens of the United States, and shall be inhabitants of the State for which they shall be chosen.
The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President,
Tlie Senate shall have the sole power to try impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President is tried, the Chief Justice shall preside, and concurrence of two-thirds of the members present shall be necessary to conviction.
Judgment in cases of impeachment shall be limited to removal from office and disqualification to hold any office under the United States ; but the party convicted shall be liable to trial and punishment according to law.
Sec. 4. Tlie Legislature of each State shall prescribe the times, places and manner of holding elections for Senators and Representatives, but Congress may make or alter such regulations, except as to the place of choosing Senators.
Sec. 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may compel attendance of absent members, under penalties.
Each House shall keep a journal, which shall be published at their discretion, and one-fifth of those present may require the yeas and nays to be entered on the journal.
Neither House shall adjourn for more than three days without the consent of the other, nor to any other place than that in which they are sitting.
Sec. 6. The compensation of Senators and Representatives shall be fixed by law, and paid out of the Treasury of the United States. They shall be privileged from arrest during attendance at the session of their respective Houses, except for treason, felony and breach of the peace, and shall not be questioned in any other place for any speech or debate in either House.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the United States which shall have been created or the emoluments whereof shall have been increased during such time ; and no person holding office under the United States shall be a member of either House during his continuance in office.
Every bill passed by the House of Representatives and the Senate shall, before it becomes a law, be presented to the President ; if he approve, he shall sign it ; but if not, he shall return it, with his objections, to that House in which it originated, who shall enter the objections on their journal and proceed to reconsider it. If, after reconsideration, two-thirds shall agree to pass the bill, it shall be sent, with the objections, to the other House, and, if approved by twothirds of that House, it shall become a law. But in all such cases, the yeas and nays shall be taken, and entered upon the journal of each House, respectively. Any bill not returned by the President within ten days (Sundays excepted) after it shall have been presented to him, shall be a law, as if he had signed it, unless Congress, by adjournment, shall prevent its return, in which case it shall not be a law.
Every order, resolution or vote requiring the concurrence of the Senate and House of Representatives (except a question of 'adjournment), shall be approved by the President before taking effect ; or, being disapproved by him, shall be repassed by a two-thirds vote of each House, as in the case of a bill.
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States ;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries ;
To provide for organizing, arming and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States - the several States to appoint the officers and to train the militia according to the discipline prescribed by Congress ;
To exercise exclusive legislation, in all cases, over the seat of Government, and over all forts, magazines, arsenals, dock -yards and other needful buildings ; and
To make all laws necessary and proper for carrying into execution all powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.
Sec. 9. Foreign immigration or the importation of slaves into the States shall not be prohibited by Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed not exceeding ten dollars for each person so imported.
In regulating commerce or revenue, no preference shall be given to the ports of one State over those of another ; nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another.
No money shall be drawn from the Treasury unless appropriated by law ; and accounts of the receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States ; and no person holding any office under them shall accept any present, emolument, office or title from any foreign State, without the consent of Congress.
Sec. 10. No State shall enter into any treaty, alliance or confederation ; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass bills of attainder, ex post facto laws, or law impairing the obligation of contracts, or grant any title of nobility.
No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except for the execution of its inspection laws; and all such duties shall be for the use of the United States; and all such laws shall be subject to the revision and control of Congress.
No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war unless actually invaded or in imminent and immediate danger.
Section 1. The executive power shall be vested in a President. He shall hold office for four years, and, together with the Vice President chosen for the same term, shall be elected as follows :
Each State shall appoint in the manner directed by the Legislature, a number of electors equal to the whole number of its Senators and Representatives in Congress; but no Senator or Representative or person holding any office under the United States shall be appointed an elector.
Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.
A natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, only shall be eligible to the office of President; and he must have attained the age of thirty-five years, and been fourteen years a resident within the United States.
If the President be removed from office, die, resign, or become unable to discharge the duties of his office, the same shall devolve upon the Vice President, and Congress may provide by law for the case of removal, death, resignation or inability of both the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly,. until the disability be removed or a President elected.*
The President shall receive a compensation for his services, which shall be neither increased nor diminished during the period for which he shall have been electedf and within that period he shall not receive any other emolument from the United States or from any of them.
Before entering upon office he shall take the following oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States."
* By act of March 1, 1792, Congress proTided for this contingency, designating the President of the Senate pTo tempore, or if there be noD* the Spealter of the House of Representatives, to succeed to the chief Executive office in the event of a vacancy in the offices of both President and Vice President.
Constitl'Tion Of The United States
Sec. 2. The President shall be the Commander-in-Chief of the army and navy of the United States, and of the militia of the several States, when in actual service of the United States; he may require the written opinion of the principal officers of the several executive departments upon subjects relating to the duties of their respective offices, and shall have power to grant reprieves and pardons for oflenses against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur, and shall nominate to the Senate ambassadors, other public ministers and consuls, Judges of the Supreme Court, and all other officers of the United States whose appointment is not otherwise provided for ; but Congress may vest the appointment of inferior officers in the President alone, in the courts of law, or in the heads of departments.
The President may fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
He shall, from time to time, give Congress information of the state of the Union, and recommend measures to their consideration ; he may, on extraordinary occasions, convene both Houses or either of them, and, in case of disagreement between them as to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
Sec. 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.
Section 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may establish. The Judges, both of the Suprehie and inferior Courts, shall hold their offices during good behavior, and shall receive a compensation which shall not be diminished during their continuance in office.
Sec. 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, treaties, cases affecting ambassadors, other public ministers and consuls, all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; controversies between two or more States ; between a State and citizens of another State ; between citizens of different States ; between citizens of the same State claiming lands under grants of different States, and between a State or the citizens thereof and foreign States, citizens or subjects.
In all cases affecting Ministers and Consuls, and those in which a State is a party, the Supreme Court shall have original jurisdiction. In all other cases mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, subject to exceptions and regu lations made by Congress.
All crimes, except in cases of impeachment, shall be tried by jury, and in the State where the crime was committed ; but Congress shall fix the place of trial for crimes not committed within any State.
Sec. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted.
Section 1. Each State shall give full faith and credit to the public acts, records and judicial proceedings of every other State, and Congress may prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof
Fugitives from justice in any State found in another State, shall, on demand of the Executive, be delivered up and removed to the State having jurisdiction of the crime.
No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
Sec. 3. New States may be admitted to the Union, but no new State shall be formed within the jurisdiction of any other State; nor by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of Congress.
Congress shall have power to dispose of and to regulate and govern the territory or other property belonging to the United States; and nothing in this Constitution shall be construed to prejudice any claims of the United States, or any particular State.
Every State shall be guaranteed a republican form of government, and shall be protected against invasion ; and on an application of the Legislature, or of the executive (when the Legislature cannot be convened), against domestic violence.
Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on application of two-thirds of the Legislatures of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived of its equal sufirage in the Senate.
This Constitution and the laws of the United States made in pursuance thereof, and all treaties made under the authority of the United States, shall be the supreme law of the land, and the Judges in every State shall be bound thereby ; anything in the Constitution or laws of any State to the contrary notwithstanding.
Senators and Representatives, members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
The ratification of the Convention of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.
Done in convention by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth.
George Washington
Congress shall make no law respecting religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press ; or of the right of the people peaceably to assemble and to petition the Government for a redress of grievances.
A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.
No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
The right of the people to be secure in their persons and property against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
No pei'son shall be held to answer for any infamous crime unless on an indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger ; nor shall any person be twice put in jeopardy of life or limb for the same offense ; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property without due process of law ; nor shall private property be taken for public use without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, and to be informed of the nature and cause of the accusation ; to be confronted witli the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
In suits at common law, when the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.
The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State.
The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves ; distinct ballots shall be made for President and Vice President, and distinct lists made of such ballots and of the number of votes for each, which lists they shall sign and certify and transmit sealed to the seat of government, addressed to the President of the Senate ; the President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be President, if such number be a majority of the whole number of electors appointed ; if no person have such majority, then from those having the highest numbers, not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately by ballot the President. But, in choosing the President, the vote shall be taken by States, each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. If, whenever the right of choice shall devolve upon them, the House of Representatives shall not choose a President before the fourth day of March next following, then the Vice President shall act as President, as in the case of death or disability of the President. The person having the greatest number of votes as Vice President shall be the Vice President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person ineligible to the office of President shall be eligible to that of Vice President of the United States.
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 1. All persons born or naturalized in the United States, or subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty or property without
Sec. 2. Representatives shall be apportioned among the States according to population, counting the whole number of persons in each State, including Indians not taxed. But when the right to vote is denied to any of the male inhabitants of a State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twentyone years of age in such State.
Sec. 3. No person shall hold any office under the United States or under any State, who having previously, as an officer of the United States of any State, faken an oath to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of twothirds of each House, remove such disability.
Sec. 4. The validity of the public debt of the United States, including pensions and bounties, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the Uniied States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be held illegal and void.
Section 1. The right of citizens to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.
Alphabetical List Of Counties And Cities With Gubernatorial And Presidential Votes
!fote. - The Republican or Democratic majority in each county is given as between Smith and Mallory. Oreea* back majority is only given when the vote for AUis exceeds the others, and is talten from the highest vote.
Portage City
The geological formations of Columbia County are the Huronian quartzite and quartzporphyry; the Potsdam sandstone; the Mendota limestone and Madison sandstone (beds of passage between the Potsdam and Lower Magnesian) ; the Lower Magnesian limestone ; the St. Peters sandstone; the Trenton limestone; the Glacial drift, and the recent alluvial deposits. The Huronian appears in the quartzite ridges of the town of Caledonia, which, uniting at tlieir eastern extremities form a bold point around which the Wisconsin is forced to find its way in a wide bow. The Huronian also rises to the surfiice on Section 7, of the town of Marcellon, where are low knobs of quartz-porphyry. The quartzite and quartz-porphyry have a tliickness measured by thousands of feet, are folded and tilted, and have all the more recent formations placed upon them unconformably. The Potsdam sandstone, eight hundred to one thousand feet thick, underlies the whole of the county, except where the Huronian appears, coming to the surface over all the lower levels along the Wisconsin and its tributaries, besides forming considerable portions of the slopes of the outliers and higher lands. All about the Caledonia quartzite ranges, it rises to very considerable altitudes, apparently rising here into the horizon of some of the newer formations. Farther north again, it occupies all levels, having attained now a much increased altitude by virtue of its general northern rise. The Mendota and Madison beds, sixty to eighty feet thick, occupy parts of the slope, or else cap the summits, of many of the outliers, flanking the great limestone escarpment which runs diagonally across the county from Scott, in the northeast, to West Point, in the southeast. These layers also form the surface rock along the western slope of the limestone edge just westward, occasionally, as in Lowville and Springvale, coming to the surface over a belt of country several miles in width. Even east of the limestone escarpment, a considerable area in the adjoining portions of Otsego and Fountain Prairie is eroded down to the level of the Madison sandstone. The Lower Magnesian, with a thickness of from fifty to one hundred and forty feet, caps many of the outlying bluffs east of the Wisconsin, and is the surface rock over most of the county east of the limestone escarpment. It is overlaid, however, by the St. Peters' sandstone (thickness fifteen to one hundred and twenty-five feet), and the Trenton limestone (thickness in Columbia County probably never more than thirty feet), in southeastern Hampden, southern Columbus, eastern Fountain Prairie, northeastern Courtland and eastern Randolph. The St. Peters sandstone alone, occurs also in several patches in southeastern Arlington, lying upon the irregular upper surface of the Lower Magnesian. It also, with the great thickness of one hundred and twenty-five feet, forms the face of Gibraltar Bluff, in the town of West Point. The Glacial drift spreads all over Columbia County, reaching a morainic development in the towns of West Point and Newport.
Geological Formations Of The Several Towns
Randolph {Township 13 7iorth, Range L? east). - The Potsdam sandstone comes to the surface along the bottom of a deep ravine in the southeast corner of this town. Through this ravine, the bottom of which has an altitude above Lake Michigan of only 240 feet, flow the headwaters of Duck Creek. On its walls, the Mendota and Madison beds are seen in several quarries. The Lower Magnesian limestone underlies the western and northern parts of the town, and comes to the surface, also, in the low area along the east line in Sections 13, 24, 2.5 and 36. The principal exposure noticed is at P. Schleissmann's quarry, on the west line of the southwest quarter of Section 6. Here a ten-foot quarry-face shows below, in thin and very regular layers, a close-textured, buiF-colored, nearly pure dolomite, which weathers with a smooth, yellowish surface, is marked finely with dendritic manganese oxide, and is coated, in places, with white stalactitic lime carbonate ; and at the top. a heavy layer of concretionary, dark-colored dolomite. On the hill above, are exposures of the ordinary rough-textured Lower Magnesian, near the base of which formation the quarry layers appear to lie. The Lower Magnesian is to be seen, also, near the middle of the south line of Section 6 ; on a small opening on B. Evans' land, southeast quarter of Section 17 ; on the hill above the Madison and Mendota quarry, in Section 31 ; on T. Sanderson's land, near the east line of Section 32 ; at the head of Duck Creek, near the center of Section 28 ; on A. Wolsleyel's land, southeast quarter of Section 9 ; on the east side of the marsh, southeast quarter of Section 1 ; in the road on south side of Section 13 ; at the creek-crossing, on the south line of Section 24, and at the grist-mill, in the southeast quarter of Section 36.
The Trenton limestone, with the underlying St. Peters sandstone, covers most of the middle and western sections of the town, in one continuous area, and occurs, also, in small, isolated areas in Sections 15, 11, 2 and 1. Eight feet of the lower layers of the Trenton are exposed in a small quarry at the top of the 'hill on the north side of the marsh in Section 2; the lower layers thick and regular, the upper ones shaly. Two feet below the base of the quarry is the junction with the St. Peters, seventy-five feet above the marsh, beneath which the Lower Magnesian lies, at shallow depths. Another quarry in the lower layers of the Trenton, on the south side of the same marsh, northeast quarter of Section 11, shows ten feet of thin and regularly bedded buff limestone, underlaid by ferruginous sand, the junction sharply defined. Other exposures of Trenton were noticed at several points on the road running north through Section 12, at D. R. Jones' quarry, in the northeast quarter of Section 13, where the junction with the St. Peters is again seen ; on the northwest quarter of Section 2.5, in a quarry on H. Hutchinson's land, northeast quarter of the southeast quarter of Section 26, where the junction of the blue and buff beds is seen ; and in a quarry on R. Arms' land, near the center of Section 15. At the latter place, the St. Peters and Lower Magnesian are also exposed, the former nearly loose sand, and having a thickness of not over fifteen feet. The same small thickness was observed again on Sections 36 and 25, where the Lower Magnesian at the grist-mill is only twenty feet below the Trenton, one-half mile south.
Courtland {Township 1 .', Range 13 east). - The Potsdam sandstone is at the surface only along the bottom of the ravines on Sections 5 and 6. It is seen in small exposures below the mill-dam at Cambria. The Mendota and Madison beds constitute the tongue of high land lying between the branches of Duck Creek, and on which the village of Cambria is built, and are the surface formations over a considerable area in the northern parts of Sections 4 and 5. Reddish shaly Mendota is exposed in a railway cutting on the northwest quarter of Section 5. The Lower Magnesian' is the surface rock over the larger part of the town, though, for the most part, covered by drift. It may be seen at the head of the ravine on the southeast quarter of Section .5, on the roadside on the northeast quarter of Section 34, and on a high point on the prairie in the northwest quarter of Section 20. The Trenton and St. Peters occupy an area in the northeastern sections continuous with that of middle and eastern Randolph. The Trenton is quarried on R. Davies' land, in the southeast quarter of Section 12. At Randolph, on Section 1, the wells pass through twenty-eight feet of Trenton limestone and twenty feet of St. Peters sandstone into the lower magnesian. The eastward slant of the strata begins in this town to increase rapidly eastward.
Fountain Prairie {Township 11, Range 12 east). - The Madison sand-beds come to the sui-face along the valley of the Crawfish, in Sections 17 and 18, where tliey give rise to a very sandy soil. The Lower Magnesian is the surface formation for nearly all the town, though not frequently exposed. It is little exposed on the northwest quarter of Section 32 ; on the southwest quarter of the northeast quarter of Section 29 ; in the railway cutting near Fall River Depot, where it is a white crystalline-textured rock, with numerous cavities ; on the southwest quarter of the northwest quarter of Section 32, and at other points. A narrow northeast and Southwest ridge, composed of St. Peters and Trenton, extends into the town in Sections 1 3 and 24.
Columbus (Township 10, Range 13 east). - The lower levels are occupied by the Lower Magnesian limestone, which may be seen exposed in a small quarry on the southeast quarter of Section 3, with a thickness of six feet of a reddish, concretionary and cherty rock ; on the west side of Section 9 ; on the southwest quarter of Section 24, and again on the east side of the stream in the east half of Section 26. The Trenton and St. Peter's formations occupy higher ground in the south and southwest, projecting northeastward in long narrow points. At Luey's place, on thanortheast quarter of the northeast quarter of Section 20, the quarry face shows the following : (1) soil and drift, one foot ; (2) blue shaly limestone, containing brachiopods, orthoceratite casts, G-yroceras and Raphistoma, five feet; third, bluff limestone in heavy regular layers, ten feet. The St. Peters sandstone is found in Mr. Luey's well, thirty feet below the base of the quarry and forty feet below. The Trenton shows also in the road near the center of Section 19, and near the center of Section 20. A.t Vosburg's quarr.y, on the south side of the stream, in Section 29, the buff limestone only is exposed, the layers being regular, three to ten inches in thickness, and showing a few of the ordinary braehiopods and orthoceratite casts. Large slabs, four feet by three feet eight inches, are easily obtained. Below the quarry, the junction with the St. Peters is seen. Boldt's quarry, near the center of Section 22, is on nearly the same horizon as Luey's, on Section 20, showing six feet of the blue and seven feet of the buff beds. The junction of the two is thirty feet below the same junction at Lucy's, proving an eastward descent of fifteen feet per mile. Miller's quarry, on the southwest quarter of the southwest quarter of Section 26, is at the top of the steep southern bank of a small stream. It shows only five feet of thin-bedded buff" limestone, which is burned for lime. In the bank below, and running down to the stream, the St. Peters is seen with a thickness of twenty feet. Half a mile down the stream, the Lower Magnesian is exposed at an elevation of only twenty-five feet below the top of the St. Peters at Miller's. The buff beds are exposed again in a small quarry on the east side of Section 36, at a short distance from which place the St. Peters is found in wells. The base of the Trenton, thus indicated, has descended from its elevation at Luey's quai-ry, in a distance of four and three-fourths miles, and a direction E., 25°; S., 6.5 feet, or 13.6 feet per mile. From Miller's quarry, two miles in the same direction, the descent is 35 feet, or 17i feet per mile. These figures agree with the generally observed fact of an increase in the amount of an eastern dip as we pass eastward.
Hampden [Township 10, Range 11 east). - Except in the southeast, where the Trenton and St. Peters occur, the Lower Magnesian appears to be everywhere the surface rock, but it is not frequently exposed. Small exposures may be seen on the southwest quarter of Section 11 ; near the northwest corner of Section 33, and on the southwest quarter of Section 33.
Otsego {Totvnship 11, Range 11 east). - A large area in the central sections of the township, is eroded down to the horizon of the Madison sandstone, and presents a loose, sandy soil. This sandstone, coarse, brown and friable, is exposed on the roadside just north of the center of the east line of Section 11, and again on the road ascending the hill on the east line of Section 23, where it is overlaid by twenty feet of roughly weathered, concretionary Lower
Springvale {Township 12, Range 11 east). - The Potsdam sandstone is the surface formation along the stream valleys. The Mendota and Madison beds reach the surface on the flanks of the higher land, and form the whole of one large, elevated area in Sections 21 and 22. Coarse, friable, brown-stained Madison sandstone is seen in a large, flat exposure at the center of the west half of Section 6, and again near the center of the south line of Section 15. The Lower Magnesian occupies all the higher levels. It is exposed on the north half of Section 16, at the center of the south half of Section 15, and at a few other points.
Scott {Township 13, Raiige 11, east). - The Potsdam sandstone immediately underlies all the lower parts of the town, but is infrequently exposed. It shows on the north of the northeast quarter of Section 6, fine-grained, friable, noncalcareous, light colored, and in horizon about seventy feet below the Mendota base. The Mendota and Madison beds reach the surface in belts along the flanks of the higher ground. Reddish, shaly Mendota shows on the side of the ravine, on the south line of the southwest quarter of Section 34, and brown, friable, noncalcareous Madison at the southeast corner of Section 31. The Lower Magnesian caps all the high land, and may be seen in a small quarry on the southeast quarter of Section 34, and on the southeast quarter of Section 27, and several small outcrops on the west line of Section 31.
Marcellon {Township 13, Range 10 east). - The Potsdam sandstone is exposed quite frequently in the southwestern sections, where it is generally friable, fine grained, light to dark brown in color, and upward of a hundred feet below the Mendota base.
Wyocena {Township 13, Range 10 east). - The Potsdam sandstone is everywhere the surface-rock, and is not often exposed, more commonly in the southern than in the northern portions. For the most part, it is eroded below the calcareous portions of the formation.
LowviUe {Township 11, Range 10 east). - The eastern and southeastern sections of this town are underlaid by the Lower Magnesian limestone. Further northwest, the surface formations are the Madison and Mendota beds, except on a few isolated outliers. The northern and northwestern sections have the Potsdam sandstone as the surface-rock, but including several very prominent limestone-capped outliers. In these sections are the ravines in which heads Rocky Run. In Sections 31 and 32, is a low area, about the headwaters of Okee Creek, with a basement of Potsdam sandstone, but including a large and prominent limestone outlier.
The Potsdam sandstone, friable, light colored, non-calcareous, is seen in the ravine near the northwest corner of Section 9. The Mendota beds are passed through in a well on S. W. Delaney's land, southwest quarter of Section 20, with a thickness of twenty feet of hard, yel' lowish, fine-grained, argillaceous limestone. On the hill one-fourth of a mile south of here, are exposures of fine-grained, friable, brown, non-calcareous Madison sandstone, composed of subangular glassy quartz grains. The same rock is seen quite largely exposed on the road in the northwest quarter of the northwest quarter of Section 28 ; also near the middle of Section 31, and near the northwest quarter of Section 13. The Lower Magnesian may be seen in roughweathered exposures on the hill near the southwest corner of Section 1 ; in a large ledge on the top of the blufl' in Section 3 ; on the bluff" in the southeast quarter of Section 9 ; on the west line of the northwest quarter of Section 13 ; on the hill on the south line of the southeast quarter of Section 23 ; on top of the bluff near the middle of Section 31, and at H. M. Delaney's quarry, on the northeast quarter of Section 28. This quarry lies on the south side of an isolated hill of Lower Magnesian. It shows a face of five feet of very regularly bedded, yellowish, fine-textured limestone, which is more nearly alike in character to the limstone of the Mendota beds than to that of the Lower Magnesian, as ordinarily seen. The layers are one to two inches in thickness, and flat slabs of large size are obtainable. The surface of the layers shows fucoidal and fine black dendritic markings. Below the quarry is a large exposure of the ordinary rough-weathered lower magnesian, whose base is on a level with the tops of the Madison sandstone exposures a few rods west, the whole thickness of limestone uncovered being fifteen feet.
Leeds and Arlington {Township 10, Range 10 east, and Township 10, Range 9 east). - In these towns, the Potsdam sandstone comes to the surface in the lower ground in northern Arlington and northwestern Leeds. Large ledges of it rise on the south side of a small creek in the northeast quarter of the northeast quarter of Section 3, Arlington, a short distance south of the village of Poynette. Here are exposed iifteen feet of white, heavily bedded, friable, noncalcareous sandstone, with some thin green-sand layers, the base of the ledge being fifty to sixty feet below the base of the Mendota horizon. Similar but higher ledges occur along the creek in Pine Hollow, in the adjoining parts of Sections 3 and 4. At this place are exposed thirty feet of very friable, white-and-yellow-banded sandstone, heavily bedded below, thinner above, the base of the exposures being almost eighty feet below the Mendota base. Along the slopes up to the high ground, the Madison and Mendota beds are at the surface. The former rock is quarried near the southeast corner of Section 2, yielding a coarse-grained, white, regularly bedded sandstone. The Lower Magnesian is the surface rock of nearly the whole of the two townships, and must reach a thickness in the higher parts of at least 120 feet. Rose's well, southeast corner of Section 20, Arlington, is ninety-eight feet in limestone. In Arlington, the Lower Magnesian is exposed above the sandstone quarry on Section 2 ; on the east line of Section 10 ; at a high point on the south line of the southwest quarter of Section 1-i; at a similar point on the south line of the southeast quarter of Section 21, where it holds an unusual amount of cherty material ; in several small outcrops on Section 29 ; in a small quarry on the south line of Section 31, and in the south part of Section 6. In Leeds, the exposures are not frequent. The St. Peters sandstone remains on top of the Arlington prairie, in five isolated knobs, the highest seventy-five to one hundred feet in height. Three of these are close together, on each side of the line between Sections 28 and 29. The bluffs on Spoonam's land, northeast quarter of the southeast quarter of Section 29, shows large outcrops, in a disturbed condition, of fine-grained, friable, white and brown mottled sandstone, composed of glassy quartz grains, the larger ones of which ai-e rolled, the smaller ones angular. Most of the rock has a very hard vitrified crust, one-fourth to one-half inch in thickness, in which the quartz grains appear to possess distinct crystalline surfaces. No trace of calcareous matter is present. Fine lamination and cross-lamination are plainly perceptible. The smaller knob on Mrs. A. D. Forbes' land has, on the south side, a vertical cliff, eighty feet in height, of similar but of distinctly horizontal and undisturbed sandstone. In the southwest quarter of the southwest quarter of Section 27, and extending into Section 28, and again in the north half of Section 34, are other similar bluffs. At the west end of the first named, the ledges are large, rising abruptly from the prairie level, the rock being much disturbed, and in all other respects like that on Spoonam's land, on Section 29. Near the southwest corner of Section 27, the sandstone is thin-bedded, incoherent and disturbed. At the east end of the bluff, which is about half a mile in length, there is a vertical cliff of entirely horizontal rock. On the prairie around these sandstone mounds, exposures of the Lower Magnesian limestone are seen at several points whose elevation is greater than that of the sandstone ledges ; whilst at two points on the south line of Section 21, and in the north part of Section 29, the limestone rises as high as the tops of the St. Peters. The irregular nature of the upper surface of the Lower Magnesian is thus distinctly proven.
Dekorra {including Township 11, Range 9 east, and the triangular half of Township 11, Range 8 east, which borders the Wisconsin River), lies almost wholly within the area of the Potsdam sandstone, whose proximity to the surface is evinced by the prevalent sandy soil. The surface is generally wooded with the ordinary small oaks, showing only one small patch of prairie in the southeast corner of Township 11, Range 8 east. Along Okee Creek, in the southern part, and along Rocky Run, in the northern part, are marsh belts about a mile in width. Near the Wisconsin River, the altitude is generally 190 to 200 feet; away from it, 2-50 to 300 feet. The higher limestone country skirts Dekorra along its southern and western sides, sending into it a few projecting points. A number of isolated bluffs also dot the surface of Dekorra, rising 100 to 200 feet above the general level, the higher ones reaching the horizon of the Lower Magnesian. The Lodi and Portage road crosses in Section 20, Township 11,^ Range 9 east, a high bluff, in a deep cut, which exposes about thirty feet of the calcareous layers which immediately underlie the Mendota beds.
Pacific (includinff that part of Township 12, Raiufe 9 east, ivhich lies east of the Wisconsin River). - The Potsdam sandstone is the only indurated formation and is unfrequently exposed.
Fort Winnebago ( Township IS, Range 9 east). - The Potsdam sandstone is the only indurated formation, and the soil is generally loose and sandy. At T. Coughlin's quarry, northeast quarter of the southwest quarter of Section 20, are exposed ten feet of heavily bedded, fine-grained, white, porous, friable sandstone, which is composed of glassy subangular quartz grains, and is blotched with ferruginous spots. Rows of little brown-stained pores mark the laminations very plainly. Large fucoidal impressions occur. Large regular-shaped blocks are obtained. The isolated bluff on the adjoining parts of Sections 25 and 36 shows numerous small exposures of , white crumbling non-calcareous sandstone for a thickness of about ninety feet.
Lewiston and Newport {Toivnship 13, Range 7 east, and portions of Township 12, Range 8 east and Township 13, Range 6 east), are like the town of Fort Winnebago, in being entirely within the Potsdam sandstone area.
Lodi and West Point {Township 10, Range S east, and that part of Township 10, Range 7 east, which is south of the Wisconsin). - The Potsdam sandstone underlies all the lower levels, and forms the lower portions of the bluffs, which above includes the Mendota and Madison beds, the Lower Magnesian limestone, and in one case the whole thickness of the St. Peters sandstone. Rock exposures are very frequent along the bluff sides.
Near the southeast corner of Section 27, Lodi, Township 10, Range 8 east, the road ascending the bluff is cut into the Madison sandstone, of which twenty-five feet in thickness is exposed. The uppermost layers are light-brownish, medium grained, friable and calcareous, the rolled quartz grains having mingled with their fragments of cleavable calcite. The rest of the exposure shows the usual dark brown, friable, non-calcareous sandstone. Above is sixty feet of Lower Magnesian limestone in small weather-roughened exposures, and below a small outcropping of the Mendota beds. The Lower Magnesian, Mendota and upper calcareous layers of the Potsdam are exposed again on the south side of the bluff in the southeast quarter of Section 12 ; and again, on the south face of the blufi" on the northeast quarter of Section 21, both in Township 10, Range 8 east. The Lower Magnesian limestone is also exposed in quarries in the southwest quarter of Section 7 ; the southeast quarter of Section 20 ; the southwest quarter of Section 20 ; the southeast quarter of the northeast quarter of Section 32 ; near the middle of the north half of Section 34, where the Madison sandstone shows well in a cave below the quarry, and near the center of the north line of Section 31 ; all in Township 10, Range 8 east; also near the center of the north line of Section 13, in the southwest quarter of Section 24; the northwest quarter of the northwest quarter of Section 26, the north half Section 31, and in the northeast quarter of the northeast quarter of Section 36, all in Township 10, Range 7 east. These quarries are generally at the top of the bluff faces, where the rock is often to some extent naturally exposed. The Mendota is quarried on the hillside just west of the depot at Lodi, where it presents the typical yellow color and reddish stains, and is overlaid at the top of the hill by white incoherent Madison sandstone. Another and much larger Mendota quarry is on the south side of the blufi" in the south half of Section 18, Township 10, Range 8 east. There are some ten feet of very regularly bedded, yellow sandy limestone, the layers below heavy, above thin and shaly, with fine large specimens of Dicello^ cephalus Minnesotvnsis.
Gibraltar Blufi" is the name given to the bold cliff of St. Peters sandstone, which surmounts the western end of a large outlying area of limestone-capped bluffs in Sections 17 and 18, Township 10, Range 8 east. The area over which the sandstone is present is probably not more than forty rods in diameter, but the top of the bluff reaches an elevation of about six hundred and thirty feet above Lake Michigan, or upwards of four hundred and fifty feet above the adjacent river, so that it constitutes one of the most striking points in the scenery of this part of the valley of the Wisconsin, rising far above all the immediate surrounding country. The eastern face of the bluff is precipitous in its upper portion for over a hundred feet. At the top of the cliff is a wooded summit, composed in part of glacial drift, but showing in one place a few broken layers of limestone, which are in the proper place and have the proper character for the buff or lower Trenton limestone. The cliff itself is made up of fine-grained, light-colored to nearly white, friable sandstone, which is composed of angular and subangular quartz grains, and possesses a hard, vitrified crust. In the uppermost part of the cliff, the horizontal bedding is distinct - the layers being quite thin ; below, however, it is not plainly perceptible ; whilst the whole has n sort of a vertically columnar appearance due to jointing. On the upper part of the long, wooded slope below are numerous very large sandstone masses, evidently fallen from the cliff. At the lower edge of this slope, the Mendota limestone is partly exposed ; and below it, the upper layers of the Pottsdam with intercalated calcareous bands. To the right and left of the line of section, lower, non-calcareous sandstone layers are exposed, in low cliffs, rising from the edge of a marsh. At a point on top of the hill, only a few rods from the sandstone cliff, but at an elevation of forty-eight feet above its base, is an outcrop of much disturbed Lower Magnesian limestone.
Numerous points on the surrounding bluffs also show limestone at elevations above the base of the sandstone of the Gibraltar cliff, proving the existence of a very irregular upper surface to the Lower Magnesian.
Caledonia. - This large township is the most interesting, geologically, of any in the county. Extending east and west through the central part are the two bold quartzite ridges known as the Baraboo Bluffs. In the eastern part of the township, these two ranges unite, forming a bold point, around which the Wisconsin River is forced to flow. The spoon-shaped space between the two uniting ranges is filled up by the Potsdam sandstone to a high level. The same formation shows in numerous remnants clinging to the outer flanks of both quartzite ranges, and the surface rocks over all of r.he rest of the town, except on the tops of the highest bluffs of the southern portions, where Madison, Mendota and Lower Magnesian beds all present themselves. Very fine and striking sections, showing the unconformity of the Potsdam sandstone and conglomerate to the Huronian quartzite, are to be seen at Derevan's Glen, on the north side of Section 18, Township 11 north, Range 8 east, and at Jones' Glen, on Section 22, Township 12 north. Range 8 east, both of which places are very interesting, also, from a scenic point of view.
Central Wisconsin may be said to include portions of four distinct drainage systems - those of the Wisconsin, Black and Rock Rivers, flowing southward and westward to the Mississippi, and that of the Fox River, of Green Bay, flowing northward and eastward to Lake Michigan, and is thus tributary to the St. Lawrence. The direction and areas of these river systems are more or less directly influenced by the rock structure of the State. Extending into Wisconsin from the Upper Peninsula of Michigan, and forming the central nucleus of the northern half of Wisconsin, is a great mass of ancient crystalline rocks, which is bordered on all sides by newer and undisturbed formations, whose outcropping edges, on the south, east and west, succeed one another in concentric bands. The central crystalline mass, probably for the most part never covered by later formations, includes the highest land in the State. It has a general slope to the southward, reaching its greatest elevation - 1,100 feet above Lakes Michigan and Superior - along its northern edge, within thirty miles of the latter lake. The waters which fall upon it are shed in four different directions - to the north, into Lake Superior ; ro the southeast, into Lake Michigan ; to the south, into the Wisconsin, which ultimately reaches the Mississippi, and to the southwest, directly into the last mentioned river.
Wisconsin River. - This stream is much the most important of those which drain the elevated lands of the State. Its total length from its source to its mouth is about four hundred and fifty miles. It forms, with its valley, the main topographical feature of Central Wisconsin.
Provenance
Text from The History of Columbia County, Wisconsin, Containing an Account of Its Settlement .., published 1880, in the public domain in the United States and digitised by the Internet Archive.