Rock County, Wisconsin - Chapter 4, 1879

Chapter 4

Rock County as Represented on Eably Maps - Rock River BTavigation and Rock County Steamboats - Tereitokial District Court and State Circuit Court - Rock County Board of Supervisors - County Court of Rock County - Court House and Jail - County Officers, 1839 to 1879 - Territorial, State and National Representation- Railroads.

It was not until that portion of Michigan Territory lying west of Lake Michigan, and north of the State of Illinois, had hecome noted because of its lead mines, that the valley of Rock River, below Lake Koshkonong, and above Turtle Creek, began to appear upon published maps with any degree of distinctness. In a " Map of the United States Lead Mines on the Upper Mississippi River," published at Galena, HI., in 1829, the name " Cos-ca-ho-e-nah," is given to the Yahara (Catfish) River, while opposite its mouth appears this information : " Copper ore (sulphuret) has been found in its original deposit, in such quantities, and over such an extent of this country, as to justify the expectation of that metal being produced in considerable quantities." It is almost needless to say that this "expectation" has not been "justified." At that date, the Indian village at the mouth of Turtle Creek, where now is the city of Beloit, was occupied by Winnebagoes. From this village a road led oflF in a northwesterly direction to -another Winnebago town on Sugar River ; thence, in nearly the same direction to " McNutt's Diggings." North, and at no great distance, the Winnebago Chief. " Spotted Arm," had his village. From the last-mentioned place, a road ran in a northeasterly direction to Green Bay, passing another Winnebago village on the banks of the second lake, in what is now Dane County. The road running through the Turtle village (now Beloit), was known as the " Chicago trace," and was a direct route from Chicago to the lead mines.

On Farmer's "Map of the Territories of Michigan and Ouisconsin," published in 1830, the river which drains the four lakes, is given as the " Goosh-ke-hawn." Lake Koshkonong is noted as " the lake we live on," - evidently the meaning of Kuskanong, Koskonong, or, as now spelled, Koshkonong. On this map, a Winnebago village is noted at the mouth of the Gooshke-hawn (now Yahara, or Catfish).

The first " Map of Wisconsin Territory, Compiled from Public Surveys," gives Rock County as one of the eighteen of its surveyed counties, noting therein Beloit and Janesville, and, opposite the latter, " Rockport." A road from " Fontana," near the head of Geneva Lake, reached Beloit. A road from the latter place ran almost due north to Janesville, and another, after crossing the river (for Beloit was then wholly on the east side of the stream), bore off in a northwesterly direction to " Centerville," on Sugar River, running thence southwesterly to " Munroe." Two roads centered at Janesville, from the east, the larger one, from " Waukeeshah," the other, from "Delevan." After crossing the river to "Rockport," there were three roads ; one ran up the west side of the river to " Caramany," just below the mouth of the " River of the Four Lakes ; " another took a northwesterly direction to Madison ; a third held its course a little south of west, through "Centerville," to "Munroe." Two other roads led out of Janesville, one running up the east side of the river until it finally crossed the stream a little below the mouth of the " River of the Four Lakes," the other bearing ofi' more to the right, running along the east side of " Lake Koskonong," to Fort Atkinson. Except the one from " Waukeeshah," through Janesville and " Rockport," to " Centerville," all these roads were little else than pioneer " traces," or Indian trails, when, in 1836, Rock was set apart as a distinct county and named, by the Legislature of Wisconsin Territory.

On a " Map of the Territory of Wisconsin," by David H. Burr, draughtsman to the House of Representatives of the United States, drawn in 1836, to accompany the Hon. Z. Carey's Report, a proposed railroad is laid down on a straight line from Mineral Point to a point on the Rock River, noted as the "head of steamboat navigation," where, just above " Wisconsin City," there is a "great water-power." But lead has never yet been drawn by the iron horse from Mineral Point in a direct line east, to Janesville, and then shipped to St. Louis, by way of Rock River, as contemplated by these early schemes. Locating the " head of steamboat navigation " just above "Wisconsin City," where there was a "great water-power," was wholly mythical, as had been already fully demonstrated.

In June, 1836, the first steamboat from the Mississippi made the passage up Rock River so far as to reach Rock County. This was an " event" to the settlers along Rock River, and they availed themselves of the opportunity for a steamboat ride. Indeed, by the time the steamer had arrived at "Wisconsin City," its decks were pretty well crowded with passengers. Rounding to at "East Wisconsin City," it took on Dr. Heath and family, and some gentlemen stopping with him, and made its way up the river. It was thought by some that the engines of the boat had not suflScient power to overcome the " St. John's Rapids," and that it would be best not to attempt their passage, but a majority thinking otherwise, it was determined to make the attempt. The steamer succeeded admirably, and went on beyond the site of the present city of Janesville, spending some time above, and then returning to the Mississippi.

In 1839, another steamer made its way up the river, taking on passengers at different points, pushing its way as far up as Jefferson. In 1844, a steamboat from St. Louis, one hundred and thirty feet in length, passed up to Jefferson, stopping at various places - taking on and discharging passengers at the several villages - a number of the inhabitants improving this opportunity for steamboat riding. The next year, a steamer came up from the Mississippi, arriving at Janesville on the 4th of July, taking, at that point, an excursion party, and proceeding up the river. The boat plied up and down the stream during the picnic season, returning in the fall to the Mississippi. This was the last steamer from the Mississippi that reached Rock County.

In 1839 or 1840, an enterprising individual made his appearance in Janesville and prevailed upon the leading citizens to assist him in efforts he proposed to make toward building a steamer. He succeeded in raising a small sum pi money, and going to the mouth of the Catfish, he constructed, after months of patient labor, a very neat little steamer well adapted to the waters of Rock River. Soon after the trial-trip, the intrepid navigator silently sailed for the Mississippi River. Neither he nor the vessel were ever again heard from, much to the chagrin of a few small stockholders.

In 1854, Hammond & Thorne built a small steamboat on Rock River, below the upper dam. There being a great demand for the boat on the upper waters of the river, the Captain of the craft begun to devise ways and means for "jumping the dam." His idea was to load his boat astern with some heavy material, which would throw the bow out of water. The lower face of the dam being at an incline of about thirty degrees, the Captain believed, by using, a full pressure of steam, he could run the bow of his boat so far over the dam - at the same time, by some mechanical process, bringing his ballast from the stern forward - that the craft would topple over above the dam and put out for Lake Koshkonong without further notice. The bold navigator reconsidered, however, and took his boat to the upper waters by land. The steamer plied up and down the river for a few years, but finally her machinery was taken out, and the hull disappeared.

The Star of the West was the next boat built on this part of Rock River - that is to say, for service in the vicinity of Janesville, for she was constructed at Indian Ford, about 1860, by William Foster. She was eighty-five feet long, with a proportionate breadth of beam ; had two commodious decks and first-class machinery. She made but a few trips, when her owners became embroiled in a bitter war with the Milwaukee & Mississippi Railroad Company.

Rock River having been pronounced to be a navigable stream by the proper Government officer, the railway company could have been compelled to maintain a draw-bridge, and it was in the power of those in the steamboat interest to make them do so. The Star of the West belonged to a stock company, but William Foster, the builder, it seems, held a majority of the shares. By some arrangement between the railway company and the parties in charge of the steamer, the vessel mysteriously disappeared. Inquiry failed to develop any explanation of the strange affair. Those who were supposed to know the inside facts, were as silent as the tomb. Fifteen years later, William Brooks, ascertaining the fact that the boat had been stripped of her machinery and upper works, and the hull loaded with stones and sunk to the bottom of the river, and discovering a clue to the title, purchased and afterward raised the water-soaked hulk from its muddy lodgment. Putting in new machinery and building new decks upon what remained of the Star of the West, Mr. Brooks rechristened her " The Lotos." She is now the largest vessel on this part of Rock River, having a carrying capacity of about five hundred persons. She has been in service since the fall of 1875, the date of her resurrection and rehabilitation.

The next most important steamer in point of size is the Bower City Belle. This vessel is about fifty feet long, and will carry one hundred persons comfortably. She was built by Mr. Buchholz, brother to the gentleman of that name in the carriage manufacturing firm of Buchholz & Hodge. Boub Brothers, the brewers, are the commanders of the Bower City Belle.

Lottie Lee, the most diminutive craft in the Rock River fleet, is the property of Ethan Allen, who claims to be a descendant of the once famous commander of the " Green Mountain Boys." The Lee is considerably less in size than the Bower City Belle.

The act establishing the Territorial Government of Wisconsin provided for the division of the Territory into three judicial districts, and for the holding of a district court by one of the Justices of the Supreme Court in each district, two terms each year in each organized county in the district. The three Justices were Charles Dunn, David Irwin and William C. Frazer. By an act of the Territorial Legislature approved November 15, 1886, the counties of Brown and Milwaukee (the last-mentioned including also what is now Rock County), was constituted the Third District, and assigned to Justice Frazer. By the statutes of Wisconsin Territory of 1839, the counties of Walworth, Rock, Green and Dane were made the Second District, to which Justice Irwin was assigned. Rock County continued in this district until the adoption of the State Constitution. In pursuance of a law passed by the Territorial Legislature February 13, 1839, the first term of the District Court was held in April following, by Judge Irwin, in a small wooden building standing on the west side of Main street, in the embryo village of Janesville. This was a day of small things ; it does not appear that much business was done. The term commenced on the 15th day of April, and adjourned finally on the 17th. Guy Stoughton was appointed Clerk. Daniel F. Kimball was admitted to the bar as an attorney and counselor at law, and was appointed United States District Attorney of Rock County, pro tem. A venire was issued, and the following-named persons were summoned, sworn and charged, as the first grand jury of Rock County : Joseph Bullard, N. G. Storrs, Thomas Stoughton, Farnum Chickering, Joseph Goodrich, Ansel Dickenson, D. A. Richardson, Phineas Armes, Charles Butts, Levi St. John, Jason Walker, David McKillups, William Virgin, John Putnam, Luke Stoughton, John A. Fletcher, Jeremy D. Warner, A. Blakesley, Francis A. Tyler, Elisha Newhall and Jesse Corlis. Joseph Bullard was appointed Foreman. They retired to their room, and, after a short absence, returned into court and reported by their Foreman that there was no business to be done ; whereupon they were discharged by the Court. A panel of petty jurors was also summoned, but there was nothing for them to do and they were discharged, there being no cases ready for trial at this term. The first cause taken up was an appeal case of Milton S. Warner, appellee, vs. Charles Johnston, appellant, in which judgment of nonsuit was entered on default of the appellant to appear. Some other cases were called, and ex-parte matters were attended to, but the business of the first term of the District Court for Rock County seemed to be mainly to get the machinery in order for future work. The next term commenced on Monday, the 21st day of October, 1839. A public hall having been finished in the Janesville Stage House, the first hotel of any pretensions in the village, the court convened in this new and unfinished hall, where their sessions were afterward held until a Court House, which was erected on an elevation very near the site of the present Court House, was completed in the month of December, 1841. At this term, business commenced rather more brisk than at the last term. A grand and petty jury were in attendance.

It would appear from the records of this Court, that some of the early settlers of the county kept their spirits up by pouring spirits down, for the first indictment that was presented to the Court by the grand jury was entitled "The United States vs. Thomas Sidwell," for selling spirituous liquors in quantities not less than one quart. This defendant was arraigned on the fourth day of the term and pleaded guilty, and was adjudged to pay a fine of $10 and all legal costs. This was followed by another against the same party for selling spirituous liquors to a certain Indian " contrary to the statute in such case made and provided." The defendant also pleaded guilty to this indictment, but the Court being in doubt whether the ofi'ense charged could be prosecuted by indictment, certified the case to the Territorial Supreme Court for its opinion. Other indictments against other parties for selling intoxicating liquors, in violation of law, were presented, making in all twelve cases ; all of which, except the first two, were continued to the next term, the defendants .entering into Tecognizances to appear and answer.

The civil causes on the docket not disposed of by default or settlement were continued, so that there was no business for the petty jury at this term. The Court adjourned sine die. The next term commenced on the 20th day of April, 1840 ; a grand and petty jury were summoned, and on Tuesday, the second day of the term, the first trial by jury ever had in Rock County in a Court of Record took place. It was the case of " E. B. Woodbury vs. Caleb Blodgett, Daniel Blodgett and E. B. Blodgett." The jury impaneled to try the case were William Squire, John Holmes, Asa Comstock, Abraham Fox, M. S. Warner, Clark W. Lawrence, Charles Tuttle, Horace Rice, George W. Lawrence, Lucius Burnham, Reuben Willard and Ezekiel Brownell, who, after hearing the evidence and arguments of counsel, found a verdict for the plaintiff, and assessed his damages at $242 and costs.. The April term for the year 1840, after transacting considerable business, adjourned on the 23d. The lawyers who appeared at the bar of this Court as practitioners up to this date were Edward V. Whiton, Daniel F. Kimball and Abraham C. Bailey, of Janesville ; David Noggle and Hazen Cheeney, of Beloit ; H. N. Wells and H. Crocker, of Milwaukee, and Moses M. Strong, of Mineral Point. John Catlin appeared at this term as Deputy District Attorney. Judge Irwin continued to hold terms of the District Court for Rock County until Wisconsin was admitted into the family of States under her new Constitution, adopted in 1848, by which the Circuit Courts were established, and the State divided into five Judicial Circuits. The counties of Racine, Walworth, Rock and Green comprised the First Circuit. In this circuit, Edward V. Whiton was elected Judge.

The first session of the Circuit Court, for Rock County, was held at the Court House in Janesville, by Judge Whiton, commencing Monday, the 18th day of September, 1848. John Nichols was Clerk and John M. Keep, of Beloit, District Attorney. The first grand jury in attendance upon that Court was composed of the following persons : James Cass, David R. Bent, David Hagadore, S. S. Blackman, C. C. Phelps, A. D. Culbert, Henry B. Crandall, Charles Whipple, John R. Boyce, Andrew Stevens, David Merrill, George MoKinsee, Whilden Hughes, Harvey Brace, Joel Wood. A. Henderson, Edward Aiken, Elisha Coville and Levi St. John, who was appointed Foreman. The first indictment found by the grand jury, in the Circuit Court for Rock County, was entitled " The State of Wisconsin vs. Samuel M. Drake," for adultery. The defendant was tried on this indictment and acquitted. The first civil case tried by a jury was on the 20th day of September, 1848, of "Benjamin Cheeney vs. Daniel

Blodgett and Herman Hill," an action of trespass. Verdict for the plaintiff for damages $58.27. The business of the Court in this county began to accumulate and continued so for ten years or more. The county was rapidly developing, real estate advancing, population and business increasing, a state of things that gave rise to much litigation, as might be expected in a new country, hence the docket of the Court was large at each term, and it was with great difficulty that the business of the term could be cleared up within the time at the command of the Judge. It was during Judge Whiton's term that the first trial for homicide in Rock County -nas had. The prisoner was one Samuel Godfrey, of the town of Lima, charged in the indictment with killing John S. Godfrey, a relative, in an altercation between these two men over a trespass alleged to have been committed by the animals of the deceased upon premises of the prisoner. The latter dealt the deceased a blow with a club upon the temple, which produced instant death. The defense set up was that the prisoner at the time he struck the blow was in imminent danger of bodily harm, and was acting in self-defense. The trial was hotly contested on both sides ; the prosecution was conducted by Hiram Taylor, District Attorney, assisted by A. Hyatt Smith ; the defense, by David Noggle and J. A. Sleeper, of Janesville, and Prosper Cravath, of Whitewater. The jury returned a verdict of not guilty, which was generally approved by the public.

Judge Whiton continued to discharge the duties of Circuit Judge to the entire satisfaction of the people of the circuit, until the April term, 1853, when, having been elected Chief Justice of the Supreme Court of the State, he resigned to accept that position. Wyman Spooner, of Walworth County, was appointed to fill the vacancy until a successor could be elected. In September, 1853, James R. Doolittle, of Racine, was elected, and entered upon the discharge of the duties of Judge of the First Judicial Circuit, and first held a special term for Rock County, commencing on the 7th day of February, 1854. The celebrated case of the State vs. David F. Mayberry, for the murder of Andrew Alger, was tried before Judge Doolittle in July, 1854, particulars of which are hereafter given. Judge Doolittle gained the confidence and esteem of the bar, and all with whom he came in contact. He resigned the oflSce in March, 1856, and Charles M. Baker, of Geneva, Walworth County, was appointed to fill the vacancy until a new election, which occurred in April following, when John M. Keep, of Beloit, a sound and able lawyer, was elected. Judge Keep was originally from New York, and settled at Beloit in 1844. He was a genial man, full of good humor. One little incident that occurred while he was on the bench, is characteristic. James Niel, now of the St. Louis bar, was arguing a demurrer before him. There was one point that was decisive of the case. The Judge intimated to the attorney that it was unnecessary to argue the point, as the Court agreed with him in the view he took of the case ; but he continued to argue the point with great earnestness, when the Judge said coolly : " Mr. Neil, I am with you now on that point, but if you keep on, I can't tell how I shall bfe ; it is hardly safe for you to take the chances."

Judge Keep was obliged to resign on account of failing health. He died in the spring of 1861. He held the office about three years, and was succeeded by David Noggle, who was elected in April, 1859, continuing as Judge until January, 1864, when he was succeeded by William Penn Lyon, of Racine, now of the Supreme Court. Judge Lyon held the office of Judge of the First Judicial Circuit, as it was then constituted, until March 16, 1870, when, by a law of the Legislature of that date, which took effect on the 1st day of April following, the counties of Rock and Green were detached from the First Circuit, and, with Jefferson, which was detached from the Ninth Circuit, constituted the Twelfth Judicial Circuit. Harmon S. Conger, of Janesville, was elected on the first Tuesday in April, 1870, Judge of the new circuit, his term of office beginning January 1, 1871. This position he has since continued to fill with credit and ability. Judge Lyon continued to exercise jurisdiction over the First Circuit, after its territorial limits had been changed, until he was elected to the Supreme Court, in 1872.

The bench and bar of Rock County will compare favorably with that of any county in the State, and it may be said that the dignity and decorum maintained in the court-room, and the orderly and correct manner in which business is conducted, is not surpassed by any court in or out of the State.

The act organizing Rock County, provided also for its government by what was known at that time as the " County Principle ; " that is, three Commissioners were to be elected by the county, who were to have a general supervision of its affairs. The first ones chosen were Enos J. Hazzard, William S. Murray and William Spaulding. Their first meeting was held on the 1st day of April, 1839, with W. H. H. Bailey as Clerk. Election precincts were ordered ; Election Judges assigned for future service, and sundry bills disposed of, which constituted the most important business transacted. These Commissioners held their oiBces from 1839 to 1841. The second Board of Commissioners was composed of L. Warren, N. Gr. Storrs and D. J. Bundy, who only held their offices during the first part of 1842, when, because of the " County Principle " being changed to the " Town Principle," they were succeeded in April of that year by a Board of Supervisors.

The following Supervisors have regulated the affairs of Reck County : In 1842 - William Holmes, N. G. Storrs, D. J. Bundy, W. H. H. Bailey, G. W. Brittain, Ira Jones and William Stewart; 1843 - H. Murray, L. Belden, William Holmes, G. B. Hall, J. W. Bicknell, I. Inman, Jr., J. H. Knowlton, G. E. Cowan and Ira Jones ; 1844 - J. Chamberlin, P. Cravath, G. E. Cowan, Ira Jones, George Ayres, J. L. Kimball, I. Inman, L. Belden and Z. S. Doty ; 1845 - J. W. Inman, P. Cravath, D. C. Babcock, H. Murray, S. G. Colley, J. L. Kimball, C. Stoughton, J. Waterman, C. Inman and D. R. Bent ; 1846 - 0. B. Lapham, G. W. Ogden, G. B. Hall, J. Spaulding, Jr., S. S. Blackman, William Stewart, J. Chamberlin, J. G. Winslow, P. P. Chase, J. P. Sears, A. Cotter, Ira Jones and D. R. Bent; 1847 - J. Marcy, Joseph Colby, N. Strong, W. P. Thompsom, A. Sprague, A. Cotter, Ira Jones, E. A. Foot, I. Andrews, R. R. Cowan, 0. W. Norton, P. Crandall, Daniel Babcock, 0. Densmore, S. 0. Slosson and R. Dole ; 1848 - J. Marcy, A. Rowley, A. Allen, W. Spaulding, H. P. Culver, J. Kirkpatrick, E. A. Foot, I. Andrews, R. R. Cowan, C. Inman, P. Crandall, H. Tuttle, 0. Densmore, F. A. Humphrey, A. G. Felt and J. Kinney, Jr.

From 1849 to 1862, the Chairmen of the Town Supervisors, elected in April of each year, constituted the County Board of Supervisors. They were as follows :

For 1851, Clinton, W. Stewart; Bradford, L. S. Blackman; Johnstown, H. Cheney; Lima, P. Crandall; Milton, W. S. McNitt; Harmopy, H. Holmes; La Prairie, J. P. Wheeler; Turtle, L. P. Harvey; Beloit, W. S. Rockwell ; Rock, Z. P. Burdick ; Janesville, M. C. Smith; Fulton, W. A. Goodrich; Porter, Thomas Earle; Center, W. A. Webster; Plymouth, A. Coddington ; Newark, J. L. V. Thomas ; Avon, 0. Baker ; Spring Valley, A. Remington ; Magnolia, A. Cotter; Union, A. B. Vaughn.

For 1852, Clinton, W. Stewart ; Bradford, 0. Densinore ; Johnstown, C. A. Hall ; Lima, A. Warren ; Milton, W. S. McNitt ; Harmony, H. Holmes ; La Prairie, A. Hoskins ; Turtle, L. P. Harvey; Beloit, N. B. Gaston; Rock, D. W. Inman; Janesville; M. C. Smith; Fulton, J. S. Fassett; Porter, John Winston; Center, E. A. Foot; Plymouth, K. W. Bemis; Newark, E. Pease ; Avon, J. N. Nelson ; Spring Valley, A. Remington ; Magnolia, N. B. Howard ; Union, G. E. Newman.

For 1854, Clinton, H. Tuttle ; Bradford, 0. Densmore ; Johnstown, J. Clark ; Lima, A. Kinney ; Milton, D. C. Babcock ; Harmony, C. R. Gibbs ; La. Prairie, A. Hoskins ; Turtle,

For 1855, Clinton, S. Lake; Bradford, T. W. Williams; Johnstown, D. P. Farnham ; Lima, J. Child; Milton, A. Holmes; Harmony, E. Green; La Prairie, A. Sherman; Turtle, A. Bruce; Beloit, S. G. CoUey ; Rock, D. W. Inman; Janesville, Z. P. Burdick; Fulton, A. Root; Porter, H. Stebbins; Center, W. A. Norton; Plymouth, K. W. Bemis; Newark, N. Warren ; Avon, A. N. Randall ; Spring Valley, J. Kirkpatrick ; Magnolia, J. Doolittle ; Union, Ira Jones ; Janesville, First Ward, David Noggle ; Second Ward, J. R. Crosby ; Third Ward, E. A. Howland ; Fourth Ward, John Vermilyea.

A State law, approved in March, 1861, made the Board of Supervisors to consist of three Electors, one to be elected in each of the Supervisor Districts, except those counties which contained three or more Assembly Districts ; and in such counties there should be elected one Supervisor in each Assembly District, and one additional Supervisor for the county at large where there was or might be an even number of Assembly Districts - to be elected, biennially, on the Tuesday succeeding the first Monday in November in each alternate year, and should hold their offices for the term of two years. Under this law, the following persons were chosen :

For 1866 and 1867, District No. 1, Daniel Johnson ; District No. 2, James Pierce ; District No. 3, A. M. Carter and Peter Schmidt ; District No. 4, Charles Peck ; Districts No. 5, A. A. Jackson and W. M. Tallman ; District No. 6, D. Morse ; at Large, S. S. Northrop.

By a change in the law. Supervisors elected in 1867 from the odd-numbered districts held office for one year, while those from the even-numbered districts held office for two years.

The Supervisors for 1868 were : First District, Daniel Johnson ; Second District, H. Stebbins ; Third District, Peter Schmidt ; Fourth District, T. Holmes ; Fifth District, W. M. Tallman.

The Supervisors for two years, 1868 and 1869, were : First District, Daniel Mowe and J. Whitney ; Second District, R. T. Powell and H. Stebbins ; Third District, W. H. Tripp and B. F. Cary ; Fourth District, E. Carpenter and T. Holmes, and C. Whitford, appointed ; Fifth District, C. H. Conrad and H. Richardson.

And those for 1870, for two years were : First District, Daniel Mowe ; Second District, R. T. Powell ; Third District, D. G. Cheever ; Fourth District, C. F. Collins ; Fifth District, F. S. Eldredge.

In obedience to a law passed in 1870, the county returned, after the April election of that year, to the system of government wherein each town and city is represented. The following are the Supervisors elected for 1870 :

Bradford, N. Densmore ; Clinton, H. Pierce ; Johnstown, Rush Beardsley ; Lima, T. Morgan ; Milton, S. C. Carr; Harmony, A. Barlass ; La Prairie, A. Sherman; Turtle, Thomas

From 1871 to 1878, the President of the village of Evansville was ex officio a member of the Board. In 1879, the oflBce of member of the Board was made elective.

For the year 1876, the following persons composed the County Board ; Beloit, First Ward, C. C. Keeler; Second Ward, S. J. Goodwin; Third Ward, C. H. Parker; Fourth Ward, J. Hackett; Janesville, First Ward, J. C. Metcalf; Second Ward, J. J. R. Pease; Third Ward,

Probate Courts in and for the County of Rock, in the Territory of Wisconsin, will be holden as follows ; At Beloit on the tirst Monday of December, and at .Janesville on the iirst Monday of June.

John P. Chapin, of Chicago, in Cook County, and State of Illinois, has this day deposited in my office for record and administration, the last will and testament of Charles Johnston, requesting the appointment of administrator to the estate of said Johnston, late deceased in said Rock County, the same represented by said Chapin as an insolvent estate, and executor of his last will and testament.

Johnston's will is dated August, 1839, and is witnessed by Horace Hobart, John R. Burroughs, Charles M. Messer. It was recorded October 15, 1839. John P. Chapin was on the same day appointed to administer the estate, he having been named in the will as executor thereof.

The next case before the Court was that of the estate of Edward Brandon, deceased, which came before the Court for action for the first time, February 27, 1840. Richard Inman was appointed administrator. The estate of Caleb Blodget, which came into Court in August, 1840, was the third case before the Judge of Probate. John Hackett was appointed administrator of the estate.

Court House And Jail

Rock County's first Court House was a two-story frame, erected in Janesville in 1841. It stood almost upon the exact spot now occupied by the present Court House, but was much more difficult to reach, being on the apex of a formidable hill, which has since been dug away. It was destroyed by fire in 1859, but happily no records of value went with it, previous precautionary measures having been taken by the Recorder and others who had the handling of important documents to keep them in places of safety.

The new Court House is situated, as was the old one, on ths east side of Rock River, in the Third Ward of the city of Janesville. It has an extensive park, containing four blocks, sloping to the west, the park extending easterly from Main street, and bounded on the north by Court street, east by East street, south by South First street and west by Main street. Three blocks of the park are under the immediate care of the city, while one block (being the second block east from Main street, on which the Court House stands) is cared for by the county.

The Court House is 107x77 feet on the ground and four stories in height, with a tower on the northerly end. The walls are of stone and brick, the cornices are of iron and the roof covered with tin. The rooms and offices are all large and capacious, with high ceilings. The building is warmed with steam and lighted with gas.

The erection of the building was commenced in the fall of 1869, and completed in the summer of 1870, James & Rotheram, of Janesville, being the contractors and builders, and J. Townsend Mix, of Milwaukee, the architect and general superintendent.

The walls of the first or basement story are built of cut stone. This floor, the east half of which (except the hall) is used as an engine-room and for the storage of fuel, there being ample room for thirty cords of wood, and sixtj tons of coal. In the west half there are three rooms (exclusive of the hall), two of which are used by the Rock County Agricultural Society and for political meetings, the other being the office of the Register of Deeds. This office was built with the intention of being proof against iire. The doors are iron ; the floor, tile ; shutters to the windows, iron ; iron joists for the ceilings, and the ceiling of mason-work.

The second floor is devoted to offices, there being six in number, and a broad hall, the offices of the County Judge, County Treasurer, County Clerk, County^Surveyor, Clerk of the Court and District Attorney being on this floor. Four of these offices have fire-proof vaults attached and opening from the offices, viz., the office of the County Judge, Treasurer, Clerk and Clerk of the Court. The approaches to this floor are by massive stone steps on either side of the building (with iron rails at the front steps), or from the basement story by a broad flight of iron stairs.

On the third floor are the court-rooms, two jury-rooms, one cloak-room, a private office for the Circuit Judge and an office for the Sheriff. The court-room is large, well furnished,, with high ceiling, and with the walls and ceiling frescoed in beautiful design.

The original cost of the building (including grading of the grounds, furniture, heating apparatus and other items) was $124,672.62, divided as follows : Building proper, $116,074.19; grading grounds, $4,054.98 ; surveying, $194.74 ; furniture, $4,348.69. There have been additional improvements made to the building and grounds since its erection, amounting to $2,000 or more.

The first county jail was a one-story log shanty, which stood on Main street, in Janesville, nearly opposite the shops of the present Wisconsin Shoe Company. Owing to an increase in crime, as is naturally the case in new countries daily filling up with all classes of people, this rude receptacle for the wrong-doing became too small, and a larger jail was built on the north side of the public square in a direct line with Bluff street. In the years 1855 and 1856, the present jail building was erected. It is located on the east bank of the river, in the Third Ward of Janesville, and consists of a residence for the Sheriff, built with brick, and the jail proper built with stone, both attached with wing built of wood for use of the Sheriff for kitchen, washroom and other purposes. The part built of brick for residence of Sheriff is 40 by 32 feet on the ground and two stories in height and finished for a comfortable residence.

The jail proper is 56 by 42 feet on the ground and two stories in height, built with cutstone, solid masonry walls, cells and floors. On the first floor, there are ten cells and two reception-rooms, the reception-rooms being one on each side of the building, having flve cells in the center of the building opening into each reception-room. On the second floor, there are seven rooms - one large reception-room in the center of the building and three rooms or cells on each side, all opening into this main room. The building is lighted with gas and warmed with coal burned in stoves. The jail proper is inclosed with a high fence built of plank, making the building very secure, and answers the purpose for which it was built very acceptably. It has been erected without any regard to convenient modes of escape.

County Officers From 1839 To 1879

Officers elected in 1839 - Sheriff, L. G. Fisher; Clerk of Circuit Court, Dr. Guy Stoughton ; Probate Judge, Horace White. 1840 - Sheriff, L. G. Fisher ; Register of Deeds, W. H. H. Bailey ; Clerk of Circuit Court, D. F. Kimball ; Treasurer, I. C. Cheney ; Clerk of the Board of Supervisors, W. H. H. Bailey. 1841 - Israel C. Cheney, Probate Judge. 1842 - Sheriff, L. G. Fisher ; Register of Deeds, George H. Williston ; Clerk of the Circuit Court,

D. F. Kimball; Treasurer, Israel C. Cheney: Clerk of the Board of Supervisors, George H. Williston. 1843 - A. C. Bailey, Probate Judge. 1844 - Sheriff, L. G. Fisher; Register of Deeds, George H. Williston ; Clerk of Circuit Court, D. F. Kimball ; Treasurer, L.

E. Stone ; Clerk of the Board of Supervisors, G. H. -Williston. 1845 - W. F. Tompkins, Probate Judge; Volney Atwood, Sheriff; 0. B. Lapham, Treasurer; Isaac Woodle, District Attorney. 1846 - Sheriff, Volney Atwood ; Register of Deeds, George H. Williston ; Clerk of

Circuit Court, C. R. Hallenbeck ; Treasurer, Isaac Noyes ; Clerk of the Board of Supervisors, G. H. Williston; Probate Judge, C. S. Jordan ; District Attorney, Isaac Woodle. 1847 - D. I. Daniels, Probate Judge ; Royal Wood, Register of Deeds ; John Nichols, Clerk of Circuit Court ; H. W. Cator, Sheriff'; Frank Wheeler, Clerk of the Board of Supervisors; W. A. Lawrence, Treasurer; John M. Keep, District Attorney. November 7, 1848 - Sheriif, Robert C. Cowan ; Register of Deeds, C. C. Townsend ; Clerk of the Circuit Court, John Nichols ; Probate Judge, David I. Daniels; District Attorney, Hiram Taylor; Treasurer, William A. Lawrence; Clerk of the Board of Supervisors, H. 0. Wilson ; Surveyor, Abram Allen ; Coroner, John M. Evans. September 3, 1849 - James T^rmstrong, County Judge. November 6, 1849 - B. F. Pixley, no vacancy that year ; Abram Allen, Surveyor ; Joseph S. Lane, Coroner. November 5, 1850 - Sheriff", Hiram W. Caton ; Treasurer, F. A. Humphrey : District Attorney, D. M. H. Carpenter ; Register of Deeds, J. A. Kent ; Clerk of the Board of Supervisors, C. P. King ; Clerk of Circuit Court, John Nichols ; Coroner, George W. Bunce. November 4, 1851 - John W. Hobson, Treasurer. November 2, 1852 - Sheriff", William H. Howard ; Register of Deeds, Samuel A. Martin; Clerk of the Circuit Court, George W. Crabb ; District Attorney, William S. Rockwell; Treasurer, Robert F. Frazer ; Clerk of the Board of Supervisors, Chancy P. King ; Surveyor, Peter McVean ; Coroner, Calvin Chapin. September 5, 1853 - Moses S. Prichard elected County Judge. November 7, 1854 - Sheriff", Alfred Hoskins ; Register of Deeds, Charles R. Gibbs ; Clerk of the Circuit Court, E. P. King; District Attorney, George B. Ely;* Treasurer, Moses T. Walker ; Clerk of the Board of Supervisors, John L. V. Thomas ; Surveyor, Joseph Church ; Coroner, G. W. Stetson. November 4, 1856 - Sheriff", Gilbert Dolsen ; Register of Deeds, Charles Holt; Clerk of the Circuit Court, A. C. Resseguie ; District Attorney, W. D. Parker; Treasurer, E. C. Smith ; Clerk of the Board of Supervisors, John L. V. Thomas ; Surveyor, J. Church ; Coroner, Loftus Martin. April 7, 1857 - A. P. Prichard, County Judge. November 2, 1858 - Sheriff", R. T. Lawton ; Register of Deeds, David L. Mills ; Clerk of the Circuit Court, Levi Alden ; District Attorney, J. C. Sloan ; Treasurer, James M. Burgess ; Clerk of the Board of Supervisors, S. L. James; Surveyor, Edward Ruger; Coroner, J. G. Alden. November 6, 1860 - Sheriff", S. J. M. Putnam ; Register of Deeds, K. W. Bemis ; Clerk of the Circuit Court, Levi Alden ; District Attorney, J. C. Sloan ; Treasurer, S. Holdredge, Jr. ; Clerk of the Board of Supervisors, S. L. James; Surveyor, Edward Ruger; Coroner, John E. Young. April 2, 1861 - Amos P. Prichard, County Judge. November 4, 1862 - Sheriff". R. T. Pember ; Register of Deeds, C. C. Keeler ; Clerk of the Circuit Court, Levi Alden ; District Attorney, John R. Bennett ; Treasurer, S. ^oldredge, Jr. ; Clerk of the Board of Supervisors, S. L. James; Surveyor, S. D. Locke; Coroner, Loftus Martin. November 8, 1864 - Sheriff", Thomas Earle; Register of Deeds, C. C. Keeler; Clerk of the Circuit Court, Levi Alden ; District Attorney, John R. Bennett ; Treasurer, S. Holdredge, Jr.; Clerk of the Board of Supervisors, S. L. James ; Surveyor, S. D. Locke ; Coroner, S. C. Burnham. April 4, 1865 - A. P. Prichard was elected to the office of County Judge. November 6, 1866 - Sheriff", S. J. M. Putnam; Register of Deeds, C. C. Keeler; Clerk of the Circuit Court, George R. Peck ; District Attorney, H. A. Patterson ; Treasurer, Cyrus Bliss; Clerk of the Board of Supervisors, H. E. Warner; Surveyor, S. D. Locke; Coroner, John E. Young. November 3, 1868 - Sheriff", Daniel Johnson ; Register of Deeds, Charles W. Stark ; Clerk of the Circuit Court, A. W. Baldwin ; District Attorney, H. A. Patterson; Treasurer, Cyrus Bliss; Clerk of the Board of Supervisors, E. L. Carpenter; Surveyor, S. D. Locke ; Coroner, J. M. Evans. April 6, 1869 - County Judge, A. P. Prichard. November 8, 1870 - Sheriff", R. T. Pem'ber ; Register of Deeds, Charles W. Stark ; Clerk of the Circuit Court, A. W. Baldwin ; District Attorney, Pliny Norcross ; Treasurer, B. F. Cary ; Clerk of the Board of Supervisors, E. L. Carpenter; Surveyor, Edward Ruger; Coroner, John E. Young. November 5, 1872 - Sheriff, S. J. M. Putnam ; Register of Deeds, C. E. Bowles; Clerk of the Circuit Court, A. W. Baldwin; District Attorney, P. Norcross;

* Ely held the office for more than one year, wheo Matthew H. Carpenter, his competitor at the election, wafl declared by the Supreme Court of the State as the lawful incumhent.

Treasurer, B. F. Gary; Clerk of the Board of Supervisors, E. L. Carpenter ; Surveyor, Edward Ruger; Coroner, C. M. Smith. April 1, 1873 - County Judge, A. P. Prichard. November 3, 1874 - Sheriff, S. W. Fisher; Register of Deeds, C. L. Valentine; Clerk of the Circuit Court, A. W. Baldwin ; District Attorney, John W. Sale ; Clerk of the Board of Supervisors, E. L. Carpenter ; Treasurer, R. F. Cary ; Surveyor, Edward Ruger ; Coroner, William Taylor. November 7, 1876 - Sheriff, S. G. Colley ; Register of Deeds, C. L. Valentine ; Clerk of the Circuit Court, A. W. Baldwin ; District Attorney, J. W. Sale ; Treasurer, Willis Miles ; Clerk of the Board of Supervisors, S. Mofgan ; Surveyor, Edward Ruger ; Coroner, William Taylor. April 3, 1877 - Amos P. Prichard, County Judge. November 5, 1878 - Sheriff, John J. Comstock ; Register of Deeds, Charles L. Valentine; Clerk of the Circuit Court, A. W. Baldwin ; District Attorney, John W. Sale ; Treasurer, Willis Miles ; Clerk of the Board of Supervisors, Sylvester Morgan ; Suryeyor, Edward Ruger ; Coroner, William Taylor.

Membbhs Oe Council

Second Session of Second Legislative Assembly, 1839... Third Session of Second Legislative Assembly, 1889-40. Fourth (extra) Session of Second Leg. Assembly, 1840..

First Session of Third Legislative Assembly, 1840-41... Second Session of Third Legislative Assembly, 1841 42. First Session of Fourth Legislative Assembly, 1842-43, Second Session of Fourth Legislative Assembly, 1843-44.

First Convention. - The first Constitutional Convention assembled at Madison the 5th of October, 1846, and adjourned the 16th of December following, having framed a Constitution which was rejected by the people at the election held on the first Tuesday in April, 1847. Members : A. Hyatt Smith, David Noggle, Sanford P. Hammond, James Chamberlin, Joseph S. Pierce, George B. Hall, David L. Mills, John Hackett, Joseph Kinney, Jr., Israel Inman, Jr.

Second Convention. - This body assemb'ed at Madison December 15, 1847, and adjourned February 1, 1848, having framed a Constitution which was adopted by the popular vote at an election held on the second Monday in March following. Members : Almerin M. Carter, Ezra A. Foot, Edi^ard V. Whiton, Paul Crandall, Joseph Colley, Louis P. Harvey.

Iii. State Government

First Session of the Legislature, I8J1B. - The constitutional provisions regarding apportionment, declared Rock County to be the Fifteenth Senatorial District, and divided the county into five Assembly Districts, until otherwise fi;xed by law, as follows : The towns of Janesville and Bradford, one ; the towns of Beloit, Turtle and Clinton, one ; the towns of Magnolia, Union, Porter and Fulton, one ; the towns of Milton, Lima and Johnstown, one ; and the towns of Newark, Rock, Avon, Spring Valley and Center,, one Senate - Otis W. Norton. Assembly - G. F. A. Atherton, A. B. Vaughan, Albert P. Blakeslee, Robert T. Cary, Nathaniel Strong.

Fifth Session, 1852. - [Apportionment unchanged.] Senate - A. Palmer. Assembly - William A Lawrence, Simeon W. Abbott, John Hackett, George R. Ramsay, Azel Kinney.

. Sixth Session, 1863.- - [This Legislature convened January 12, and adjourned till the 6th of June, in order that the Senate might sit as a court to try and the Assembly might prosecute Levi Hubbell, Judge of the Second Judicial Circuit, impeached for corruption and malfeasance in ofiice. The Legislature reconvened for this purpose June 6, and finally adjourned on the 13th of July, 1853.]

[By an act approved April 19, 1852, the county was divided into two Senatorial Districts, the towns of Janesville, Rock, Fulton, Porter, Center, Plymouth, Newark, Avon, Spring Valley, Magnolia and Union constituting the Seventeenth District, and the towns of Beloit, Turtle, Clinton, Bradford, La Prairie, Harmony, Johnstown, Lima and Milton the Eighteenth. The Assembly Districts were reduced to iour, viz. : The towns of Beloit, Turtle and Clinton, one ; the towns of Milton, Harmony, Lima, Johnstown, Bradford and La Prairie, one ; the towns of Janesville, Rock, Center and Fulton', one, and the towns of Porter, Union, Magnolia, Spring Valley, Plymouth, Newark and Avon, one.].. Senate, Seventeenth District - Ezra Miller; Eighteenth District, J. R. Briggs, Jr. Assembly - Charles Stevens, Harrison Stebbins, William D. Murray, Harvey Holmes.

Ninth Session, 1856. - [Apportionment unchanged.] Convened January 9, 1856 ; took a recess from March 31 to September 3, and adjourned October 14. Senate - Seventeenth District, James Sutherland; Eighteenth District, Louis P. Harvey. Assembly - Levi Alden, John Child, John M. Evans, Horatio J. Murray.

Tenth Session, 1857. - [By an act approved September 30, 1866, the city of Janesville was added to the Seventeenth Senatorial District, and the city of Beloit to the Eighteenth. The county was again divided into five Assembly Districts, viz. : The towns of Beloit, Turtle, Clinton and the city of Beloit, one ; the towns of Milton, Harmony, Lima, Johnstown, Bradford and La Prairie, one j the city of Janesville, one ; the towns of Fulton, Porter, Union, Center and Janesville, one; the towns of Rock, Magnolia, Spring Valley, Plymouth, Avon and Newark, one.] Senate - Seventeenth District, James Sutherland ; Eighteenth District, Louis P. Harvey. Assembly - Lucius G. Fisher, David Noggle, Ezra A. Foot, William H. Tripp, George R. Atherton.

Fifteenth Session, 1863. - [Convened January 8 and adjourned April 7. Reconvened June 3 and adjourned June 17. Met in extra session September 10 and adjourned September 26. By an act approved April 11, 1861, Rock County was declared to be the Seventeenth Senatorial District, and six Assembly Districts were established, viz. : The towns of Center, Janesville. Magnolia, Porter and Union, one ; the towns of Fulton, Harmony, Lima and Milton, one ; the towns of Bradford, Clinton, Johnstown and La Prairie, one ; the towns of Beloit and Turtle and the city of Beloit, one ; the city of JanesvillCj one, and the towns of Avon, Newark, Rock, Plymouth and Spring Valley, one.] Senate - Ezra A. Foot. Assembly - Nathan B. Howard, Ephraim Palmer, Samuel Miller, John Bannister, Allen C. Bates, Orrin Guernsey.

Tiventieth Session, 1867. - [By an act approved April 12, 1866, the Assembly Districts were reduced to five, viz. : The towns of Union, Magnolia, Center, Spring Valley, Plymouth and Avon, one; the towns of Porter, Fulton, Milton, Lima and Janesville, one; the towns of

Harmony, Johnstown, La Praiiie, Bradford, Clinton and Rock, one ; the towns of Beloit, Newark and Turtle and the city of Beloit, one, and the city of Janesville, one.] Senate - S. J. Todd. Assembly - Ezra A. Foot, John T. Dow, William H. Stark, Horatio J. Murray, Pliny Norcross.

Thirtieth Session, 1877. - [By an act approved March 13, 1876, the apportionment law was amended so as to make Rock County the Seventeenth Senatorial District, and giving it only three representatives in the Assembly. The First Assembly District to be composed of the towns of Avon, Beloit, Center, Newark, Magnolia, Plymouth, Spring Valley and Union and the city of Beloit. The Second Assembly District to consist of the towns of Janesville, Rock and city of Janesville, and the Third District to consist of the towns of Bradford, Clinton, Fulton, Harmony, Johnstown, La Prairie, Lima, Milton, Porter and Turtle.] Senate - H. Richardson. Assembly - First District, Sereno T. Merrill ; Second District, J. B. Cassoday ; Third District, Gideon E. Newman.

Thirty-first Session, 1878. - [Convened January 9, 1878, and adjourned March 21. Met in extra session June 4, to complete revision of the statutes, and adjourned June T. Apportionment the same as at the Thirtieth Session.] Senate - H. Richardson. Assembly - First District, Charles H. Paiker ; Second District, Fenner Kimball ; Third District, William H. Stark.

Thirty-second Session, 1879. - [Apportionment the same as at the Thirty-first Session.] Senate - H. Richardson. Assembly - First District, Richard J. Burge; Second District, Allen P. Lovejoy ; Third District, William Gardiner.

The act of Congress, approved April 20, 1836, organizing the Territory of Wisconsin, conferred upon the people the right to be represented in the National Congress by one delegate, to be chosen by the votes of the qualified electors of the Territory. Under this authority, the Territory was represented in Congress by the following delegates :

By the Constitution, adopted when the Territory became a State in 1848, two Representatives in Congress were provided for by dividing the State into two Congressional Districts, the First District being composed of the counties of Milwaukee, Waukesha, Jefferson, Racine, Walworth, Rock and Green. Under this authority, an election was held May 8, 1848, and William Pitt Lynde was elected Member of Congress for the First District.

At the first session of the State Legislature, June 5 to August 21, 1848, the State was divided into three Congressional Districts, the Second being composed of the counties of Rock, Green, La Fayette, Grant, Dane, Iowa, Sauk, Richland, Crawford, Adams, Portage, Chippewa, La Pointe and St. Croix, which apportionment continued unchanged until 1861. This district was represented in Congress as follows:

At the Fourteenth Session of the Legislature, January 9 to May 27, 1861, the State was divided into six Congressional Districts, the Second District being composed of the counties of Rock, Jefferson, Dane and Columbia. For the next ten years, this district was represented in the National Legislature by : > ,

The present Congressional apportionment was made at the Twenty-fifth Session of the Legislature, January 10 to March 27, 1872, when the State was divided into eight districts, and Rock County included in the First, which was composed of the counties of Racine, Rock, Kenosha, Walworth and Waukesha. From the last apportionment (o the present time the representatives from the First District have been :

It is true that, though the influx of seekers of new homes in Rock County was at an early day exceptionally large and was steadily maintained, the generous soil yielded so abundantly that in a short time the new settlers were confronted with the intensely practical difficulty and embarrassment - a supply of agricultural products far in excess of the demand. Nor was this excess confined only to the results of the farmer's labors. Energy, industry and enterprise speedily made the water power of Rock River subservient to the ingenuity and skill of the settlers, and various manufactured products were the result. The question then arose as to the best means to dispose of this surplus. The customary markets, Chicago and' Milwaukee, were both "a long way off," if dependence was to be placed only on the primitive ox or horse team, and the time consumed in travel added greatly to the cost of production, but not one farthing to the market price. The old problem was to be solved once more ; the producer and consumer were to be brought nearer together, in time if not in distance ; and the plain, rugged, common sense of. the prudent and thrifty class which had built up the prosperous settlements in

* Appointed Governor of the Territory by President Tyler September 13, 1841, and resigned his seat as delegate. fDied November 24, 1862, and Walter Mclndoe elected to All vacancy Decembtr 30, 1862. J Died January 1, 1870, and Daniel Atwood elected to fill vacancy February 16, 1870.

Rock County in a comparatively brief period, saw that the railroad presented the only means of solution. With characteristic energy, they addressed themselves to the task. Meetings were held in various portions of the State. Addresses were made, calling the attention of capitalists to the great prospective gains which must almost inevitably follow the construction of a railroad through so fertile and prosperous a country, particularly as the comparatively level surface of the Rock River Valley presented but the slightest possible engineering diiBculties and rendered it certain that the cost of construction could be anything but heavy as contrasted with the benefits to be immediately derived. By these and all other available mediums of influencing public opinion and promoting the success of enterprises, so indispensable to the rapid development and the permanent prosperity of the country, the undertaking was forced upon public attention.

The citizens of Janesville were the first to take steps toward the construction of a railroad; and, as early as January, 1838, the Council and House of Representatives of the Territory of Wisconsin authorized the construction of a railroad line from Racine to Janesville. The incorporators of this scheme were Lorenzo Janes, Bushnell B. Cary, Elias Smith, Cjonsider Heath, Eugene Gillespie, H. D. Wood and Charles Leet, of Racine County ; Samuel F. Phoenix, of Walworth County, and Henry F. Janes, ,of Rock County. The capital stock was $600,000, divided into shares of $100 each. A partial survey of the route was made, but the project was abandoned after unsuccessful efforts to accumulate funds for the necessary expenses.

In 1844, another effort was made to construct a line, this time from Lake Michigan to the Mississippi River. It was the design of the projectors that the towns along the lake shore, as well as those on the eastern bank of the Mississippi, should compete for terminal privileges. It was intended the road should pass through Janesville, no matter what the result at either end might be. Though nothing was done toward actual work upon the road, this scheme proved to be a sort of entering wedge to the almost interminable railway strife which followed.

By an act approved August 19, 1848, passed by the first Legislature under the State Government, a charter was granted the Madison & Beloit Railroad Company for the purpose of building a road up the Rock River Valley from Beloit to Janesville ; thence to the mouth of the Catfish, and up that valley to Madison.

The incorporators of the Madison & Beloit road were George H. Slaughter, Thomas W. Sutherland, Thomas T. Whittlesey, Nathaniel W. Dean, Daniel B. Sneden ; David L. Mills, Joseph B. Doe, A. Hyatt Smith, Edward V. Whiton, W. H. H. Bailey, Timothy Jackman, David Noggle, Alfred Field and John Hackett. After the charter was granted, the company was organized by the election of the following oflScers : President, A. Hyatt Smith, of Janes vrille ; Secretary, W. A. Lawrence, Janesville ; Tre:surer and Assistant Secretary, Joseph W. Currier, New York: 'Directors, A. Hyatt Smith, Timothy Jackman, William F. Tompkins, Ira Miltimore, G. F. A. Atherton, Charles Stevens, W. A. Lawrence, J. B. Doe, B. F. Pixley.

An act of the Legislature was procured, approved February 4, 1850, authorizing the Company to terminate their road at any point on the State line between Illinois and Wisconsin, and to connect with any other road, and also to extend the road from Madison to the Wisconsin River. An act was also procured authorizing the Company to extend its road from Janesville, by way of Ft. Atkinson, Jefi"erson and Watertown, to Lake Winnebago, and the name of the Company was changed to the Rock River Valley Union Railroad. A charter was obtained from the Illinois Legislature for the Illinois & Wisconsin Railroad Company to build a road running from Chicago northwesterly to the point where the Company's road would intersect the State line. The Beloit & Madison line was resumed at a later day by a different company, and became the Madison Division of the present Chicago & North-Western Railway.

Subsequently, Stevens, Miltimore and Tompkins withdrew from the Directory, and were succeeded by John B. Macy, of Fond du Lac, Robert J. Walker, of Washington, and William Ward of New York. Further legislation followed, authorizing the Company to extend its line to St. Croix Falls. In July, 1851, work was begun on the line at the city limits of Chicago, and during the following three years, a 'large amount of excavation was completed at the heavy cut south of Janesville, and between Janesville and Watertown, along the entire route. The management remained without change until 1854, when a re-organization was eiFected. A. Hyatt Smith resigned as President and was succeeded by Charles Butler, of New York, and Joseph W. Currier succeeded W. A. Lawrence as Secretary. The mortgages were foreclosed, and the property was purchased by Robert J. Walker, as Trustee for the bondholders. Up to 1855, there had been built thirty-eight and a half miles of the road in Illinois. By acts of the Legislatures of the two States, the two roads were authorized to consolidate, which they did under the name of the Chicago, St. Paul & Fond du Lac Railroad Company. The new regime was as follows : President, William B. Ogden, of Chicago ; Vice Presidents, James W. Hickok, of Boston, and Nelson K. Whalen. of New York ; Secretary, J. W. Currier, New York ; Treasurer, Charles Butler, New York ; Superintendent, S. F. Johnson.

During the first year of the new management, the road in Illinois was completed to the State line, and in 1856, Janesville was connected with Chicago. The Northern Division of the road was also finished to Minnesota Junction, where its connection with the La Crosse & Milwaukee road was established. Running arrangements were made with the Milwaukee & Mississippi Railroad Company, then complete to Prairie du Chien, by which through trains were run from Chicago to that point without change of cars, via Janesville and Milton Junction. The corporation is now known as the Chicago & North- Western Railway Company.

The foregoing is a statement of the facts connected with the successful building through Rock County of what is now the North- Western Railway. There is no allusion to the deep interest felt by the people, the trials and troubles of the early management, or the sharp contests and shrewd intrigues which generally attend the growth of all railway enterprises. It is the duty of the historian to go beneath the surface and bring forth the material facts which lead to results. History is a review of the past, not a prediction of the future. We must go back to the earliest inception of the North- Western Railway scheme, and record a few, at least, of the early incidents which belong to its history.

The last Watertown Ohrbmcle devotes a column to this subject. It says that there is a strong and constnntly increasing interest manifested in favor of the road, to connect at this place with the branch of the Chicago & Galena road, and continue north to Fond du Lac. It says, also, that, according to Capt. Cram's survey, the descent from Lake Winnebago to Beloit is only about two hundred feet, something less than two feet per mile. Timber is abundant along the route, no excavations of any magnitude would be required, and it is believed by the friends of the project that the General Government would grant a liberal appropriation of its unsold lands toward its construction. It has a donation of 800,000 acres to the Chicago & Galena road.

In the issue of the 13th of the same month, there appears the exultant statement: " The Beloit and Fond du Lac Railroad Bill has passed the Senate, and is now a law," and in another column of the same issue we find the following :

A writer in the Milwaukee Sentinel and Gazette remarks, among other things, " That the proposed road from Fond du Lac to Beloit will be constructed, there cannot be a doubt, for the same spirit which has already put in progress the Chicago road will prevail along the Rock River Valley. The Chicago road has been regarded by the farmers in our sister State as a work upon which the whole prosperity of the country depends. Every one has contributed to the utmost of his ability, and so great has been the zeal manifested, that many have declared that they had better sell half their farms than to do without the railroad. The grading is now nearly completed. for twenty-six miles ; the timber is in readiness, and 550 tons of railroad iron have been received in Chicago. There cannot be a doubt but that the whole road will be in operation to Elgin (forty miles.from Chicago) in the course of next summer. It will not stop there, however. Another season will bring it to Rock River, and, as the line approaches within ten miles of Beloit, the connection with the Rock River road will take place simultaneously.

" On the Boston & Albany Railroad, the cost per mile of running a train is 52 cents, and, in one instance, it was averaged as low as 40 cents. The grades from Beloit to Chicago are far easier than those of any Eastern railroad, and between Fond du Lac and the former place, the splendid levels on Kock River Valley are unrivalled."

This much having been done, the people were not disposed to waste time in the matter, as is evident from the following from the Beloit Journal of September 28, 1848 :

A meeting of the Directors of the Beloit & Fond du Lac Railroad will be held soon at Watertown, to take the preliminary steps toward the construction of this road. We should judge from what we can learn of the feeling north that there was a full determination and confidence that the road should be speedily built. We had the pleasure, a few days since, of meeting Mr. Morgan, an engineer late in the employ of the Chicago & Galena Company, who has since then passed over the route to Fond du Lac. We find in the Watertown Ghronicle of last week a letter from him concerning the matter. He speaks most faTorably of the feasibility of lie construction, anJ, in conclusion, remarks : '-You may soon accumulate strength to complete the whole at a much earlier period than is now anticipated. A short railroad from a great market seldom pays because it does not collect sufBcient business, but yours nill possess all the advantages that are necessary, because however small a tection you may commence with, it will be the extension of a great line. Your profits, therefore, will be realized from the firsi, and capitalists, having proofs of the success of the undertaking, will be ready to assist to any extent that may be required "

But the citizens of Rock County were not disposed to trust entirely to others the pushingforward of a work so vitally important to themselves. The Beloit Journal, in its issue of December 6, 1848, commenting upon "a meeting of the Commissioners to take into consideration the expediency of the construction of the Beloit & Fond du Lac Railroad," to be held at Watertown on the 20th of that month, thus points out the duty of Beloit in connection with the proposed enterprise:

We wish our citizens would take some measure to testify their interest in the matter iinj attend the convention ia considerable strength. It is not enough for us to feel satisfied that these mere advantages of our position will insure ^he convergence at this point of such channels of trade. We are not to remain idle and let others perform the work .n which we are mutually interested, but none to a greater extent than the citizens of this town and neighborhood.

This urgency was not without its effect, as a meeting was promptly called, to be held at Janesville, an account of the proceedings of which appears in the Gazette of December 29, 1848,

At a meeting of the Board of Commissioners of the Madison & Beloit Railroad Company, held pursuant to public notice at Janesville on the 20th of December, 1848, on motion of A. Hyatt Smith, Mr. Thomas T. VVhittelsey wa* appointed President and Thomas W. Sutherland Secretary.

Resolved, That the books for receiving subscriptions to the capital stock of the Madison & Beloit Company be opened on the second Monday in February next, in the villages of Janesville, Beloit and Fulton, in Rock County, and at Madison, in Dane County, and that notice^lhereof be given in the newspapers published in Beloit, Janesville and Jfadison, and that said books be kept open thirty days. i

On motion of Mr. Smith, the Secretary was authorized to procure books for the subscription of the capital stock, and that the annexed form of subscription be prescribed :

We, the subscribers hereto, each for himself and not one for the other, hereby agree to take and pay for t henumber of shares subscribed by us respectively of the capital slock of the Madison & Beloit Railroad Company, according to the terms and conditions of the act of incorporation of said company, approved August 19, 1848.

On motion of David Noggle, Timothy Jackman was authorized to receive the moneys paid in to the several Commissioners on opening of the books.

On motion of Mr. Field, it was ordered that the proceedings of this meeting be published in the several newspapers printed in Madison, Janesville and Beloit.

On motion, the Board adjourned to meet in Janesville, at the oflice of Smith, Parker & Jordan, on Wednesday,^ the 14th of March next, at 2 P. M. TnoMAS T. Whittelsey, President.

The Beloit & Madison Railroad being thus auspiciously started, with the most flattering^ prospects of being carried forward to a speedy completion, the people began to reflect that if it were desirable and practicable to construct a railroad to Madison, it would be still more beneficial and but little more diflBcult to extend their road still further to the north, as a means of securing, if not of creating, a market for their surplus at each end of the line. This idea once started must have been energetically followed up, for, before the end of 1849, the Beloit Journal contained the following account of another railroad meeting held at Watertown :

At a meeting of the Board of Commissioners of the Beloit & Taycheedah Railroad, convened at the Planters' Hotel, in the village of Watertown, on Thursday, the 1st day of November, 1849, in pursuance of the following notice, to wit : " A meeting of the Commissioners of the Beloit & Taycheednh Railroad Company will be held nt the Planters' Hotel, at Watertown, on Thursday, the 1st day of November, 1849, at 12 o'clock M., for the purpose of organization. The attendance of the Commissioners generally is requested - ten being necessary to constitute a quorum. October 22, 1849. L. A. Cole, William Sanborn, Alvin Foster, Dwight Foster, Milo Jones, Alonzo Wing." The following Commissioners were present, to wit: A. Hyatt Smith, Timothy Jackman, Milo Jones, Dwight Foster, John Van Eps, Hiram Barber, Alonzo Wing, William Sanborn, Luther A. Cole and Alvin Foster.

A quorum being present, the Board was organized by the appointment of the Hon. A. Hyatt Smith, of \\\« county of Rock, as President, and W. M. Dennis, of the county of Dodge, was appointed Secretary.

States is more feasible for a good railroad ; and certainly when we take into consideration the beauty and fertility of country, and the number of flourishing villages on the route, soon destined to be important towns, no part of the United States offers a fairer prospect of business operations than the Rock River Valley. Anything, gentlemen, that you shall consider best for the promotion of this object will meet my hearty co-operation. Please, if consistent, receive Judge Macy as my substitute in the matter. Yours very respectfully, M. C. Darlinq.

"Fond du Lac, October 31, 1849. " Gents: Anything that you shall conclude best for the promotion of this object will meet my hearty co-operalion. Please, if consistent, receive T. L. Gillett as my substitute in the matter. Yours very respectfully,

The President addressed the Board in a few appropriate remarks, touching the object of the Convention, and concluded by introducing John B. Macy, Esq., of Fond du Lac, who addressed the Convention in a veyy interesting manner upon the prospect of obtaining the necessary subscription to the capital stock of this Company.

Resolved, That books for receiving subscriptions to the capital stock of the Beloit & Taycheedah Railroad Company be opened on the second Monday of February next, at 12 o'clock at noon, at the following places, to wit : At the of&ce of Mason C. Darling, in the village of Fond du Lac, under the direction and superintendence of Mason C. Darling; at Phelps' Hotel, in the village of Mayville, under the direction and superintendence of Alvin Foster; at the store of John Van Eps, in the village of Beaver Dam, under the direction and superintendence of John Van Eps ; at the Jefferson House, in the village of Jefferson, under the direction -and superintendence of William Sanborn ; at the Planters' Hotel, in the village of Watertown, under the direction and superintendence of Luther A. Cole ; at the Green Mountain House, in the village of Ft. Atkinson, under the direction and superintendence of Milo Jones ; and at the ofiSce of A. Hyatt Smith, in the village of Janesville, under the direction and superintendence of A. Hyatt Smith.

Resolved, That the following form be adopted in receiving subscriptions to the capital stock of this Company, to wit : We, the subscribers hejeto, each for himself, and not one for the other, in consideration of $1 to each of us in hand paid, do hereby bind to take and procure the number of shares of stock of the Beloit & Taycheedah Railroad Company by us respectively subscribed hereto, and to pay for the sime in such manner and in such installments as shall be agreed by the Directors of the said Company, in pursuance of the charter thereof.

Resolved, That John B. Macy, Esq., be fully authorized as the agent of the Commissioners of this railroad company to solicit and receive subscriptions to the capital stock thereof, in New York and the Eastern States.

Resolved, Thai the next meeting of this Board be held at the Planters' Hotel, in the village of Watertown, on the 16th day of February next, at 12 o'clock at noon of that day.

Resolved, That the Secretary of this Board be directed to furnish the Commissioners with the necessary forms and blanks for subscriptions to ' the capital stock, and also to procure the publication of the proceedings of this meeting. ,

It was ordered by the Board that 400 copies of the charter of this Company be printed in pamphlet form, under the direction of Luther A. Cole.

But important enterprises move slowly, be their projectors and promoters ever so enthusiastic and energetic. As the undertaking comes to be weighed and examined in all its bearings, new and unforeseen difSculties arise, which are to be overcome or modified only after thorough examination and frequently protracted negotiation. And this would appear to have been the fate of the Beloit & Madison Railroad ; for, notwithstanding the very decided steps taken at Janesville on the 20th of December, 1848, no actual progress appears to have been made for nearly twelve months ; as we find in the Beloit Journal of December 13, 1849, a congratulatory article prompted by a feeling of satisfaction that a serious difficulty had been surmounted, mingled with hope that it would prove the last which should impede the prosecution of the important undertaking. The Journal says :

The great necessity to this vicinity of railroad communication, at an ea,rly day, is duly felt by our citizens. Nothing has, however, yet been done toward that end. The reason for this has been that it was uncertain where effort could expended to the greatest advantage. If the railroads north, or either of them, come, down to ns, we must have an outlet, or they will be useless. If our capitalists put their means into them, and it should prove necessary for them, afterward, to form the connection with the Chicago road, they might find themselves unable to do so ; consequently, they concluded to wait until they could see tliemselves clear. Now all embarrassment has been removed. At an informal meeting of the Directors of the Chicago & Galena road, held at Chicago last week, the Board passed a resolution, giving assurance that they would form a connection, by lateral road, with the Madison k Beloit road, as soon as that was completed. The regular meeting, soon to be held, will doubtless ooniirm the resolution. Let us, then, take up this matter in earnest. There is no possible doubt but that it might be in running order in two years' time, at the outside. The Directors are ready to advertise for contracts for the section between Beloit and Janesville as soon as the moderate sum allotted to this place be taken. Let it be taken at once, and before next year at this time, as the Board now design, the section spoken of will be graded. Who will get up a call for a railroad meeting ?

After the preliminaries, the work must have been taken hold of " in earnest," for in 1849, Mr. Hugh Lee made the survey of the Rock River Valley Union Railroad, which was designed to run from Chicago to Fond du Lac. The first survey of this road was made via Beloit, but the route was subsequently changed so as to pass east of the city about eight miles, through Shopiere and Jefferson Prairie to Janesville and Fond du Lac. This was the first survey of a railroad made in the State of Wisconsin. The original line of the road having been changed, the name was also changed and it came to . be designated as the Chicago, St. Paul & Fond du Lac Railroad^ and still later it came to be known as the Chicago & North-Western, which name it still bears.

While the citizens of Beloit were, as we have seen, alternating between hope and fear, Chicago was stretching forth her iron arms in the direction of the new settlement, and tlie procress of the road was watched with the liveliest interest by the Beloit farmers and merchants, and, in fact, by all the residents of the Rock River Valley, north of the Illinois line. Almost every mile of completed road was anxiously watched and chronicled as a superlatively important event, while the traffic which it secured was eagerly watched and commented upon as indicating what might be hoped for when the locomotive should thunder through their own streets. The Journal, of June 13, 1850, thus discusses this aspect of the question :

During the month of April, the receipts for passengers and freight on the railroad, amounted to $6,008.66. During the month of May, just passed, there were received from the same sources §10,816.54 - between an increase of $4,807.88 - over 40 per cent. The entire expenditure for the construction of the road, purchase of locomotives, cars, stations and station-houses, has been $402,000, and upon this sum the receipts of the past monih, .after deducting running expenses, will yield 20 per cent. When it is considered that the expense of running short is much greater, in proportion, than for long distances, and that this year has not afforded either in or out freights that ordinary years will, this result must be highly satisfactory as it exceeds the expectations and calculations of the most ardent friends of the road. It is now manifest that no plank-road, or other improvement, offers the inducements to capitalists for investments that this road does. As the road advances toward Rook Island, the revenues must increase immensely, notwithstanding a reduction of rates of freight and fare may be made.

The diversion of the Rock River Valley Union Road, from its originally projected route through the city of Beloit to Shopiere, Jefferson Prairie and- Janesville, was not only a disappointment, but a mortification to the residents of Beloit.

Nor were the manifestations of their displeasure confined to depreciative comment. Energetic measures were inaugurated to secure a railroad to the city direct, and to this end negotiations were entered into with the Chicago & Galena Railroad Company to extend its line so as to make Beloit its northern terminus. Having already subscribed or agreed for $15,000 worth of the stock of the Chicago & Fond du Lac road, they now proposed to take, and did, eventually, take, more than five times that amount of stock ($80,160 was the amount) in the Chicago & Galena Company. These negotiations and this liberal subscription had the desired effect, and the branch road from Belvidere to Chicago was immediately surveyed and work begun, and so energetically prosecuted that by Noverpber, 1853, the branch from Belvidere (twenty-two miles distant) was completed, and Beloit was connected by iron bands with the great railroad center of the West. The work was vigorously carried on toward Madison, and, in 1854, a contract and lease were made between the Galena Company and the Beloit & Madison Company, by which the latter was to build its road from Beloit to Madison. During the same year, the road was built and the iron laid seventeen miles from Beloit to Footville, and the road was placed in operation to Afton, eight miles from Beloit, and was run in connection with the Galena road. Work on the line had reached Magnolia, three miles further, when it was suspended. The road and its property were afterward sold under foreclosure, and a new company organized, in which the Galena Company owned the principal portion of the stock, guaranteeing also the Beloit & Madison Company's bonds, and it took a perpetual lease of the road. In 1863, work on the line was resumed. The consolidation of the Galena and North-Western Companies occurred June 2, 1864, and the new Company prosecuted and completed the road to Madison, which was reached September 1 of that year. The Beloit & Madison Company was incorporated February

28, 1852, with tbe following officers : President, John B. Turner ; Secretary, Benjamin Durham ; Treasurer, Edward Ilsley. The road runs almost on a direct line from Beloit to Madison, leaving Janesville seven miles to the east.

It was the original intention of the gentlemen at the head of the early railway interests in Rock County to extend two branches of the road, then building from Chicago to Janesville, -toward the north and northwest. Accordingly, charters had been obtained at the various sessions of the Legislatures of Wisconsin and Minnesota with this purpose in view, and in April, 18.52, all these charters were amended so as to consolidate them into one. The plan was to build a branch from Janesville to Fond du Lac, of Winnebago, and from thence to Fond du Lac. Lake Superior. Another branch was to run from Janesville to St. Croix Falls, via Madison and La Crosse ; thence to St. Paul, and from St. Paul to the Red River of the North. From this point it was intended to build a branch westerly to the boundaries of Minnesota, with a fourth branch of the series to the British line, and thence back down the Red River of the North. The original, or second Janesville branch, was then to be extended easterly to the head of Lake Superior and connected with branch No. 1 at Fond du Lac. This was the most magnificent system of (paper) railroads ever built by citizens of Janesville. The Company had its head office in New York, where the material for the road, then in course of construction between Chicago and Janesville, was purchased and its bonds negotiated.

A Janesville gentleman, conversant with the railway history of Rock County, gives the following facts concerning the North- Western road since it passed to the present management : " The Rock River Valley Union Railroad property was sold at auction on the 24th day of March, 1855. A. Hyatt Smith withdrew from the Company a year before the sale took place. William B. Ogden was the purchaser. Charles Butler, who also held an interest, became Pres- - idcnt of the Company. Mr. Ogden was the President of the Illinois & Wisconsin road, then building from Chicago toward Janesville. Soon afterward, the two roads consolidated under the name of the Chicago, St. Paul & I'ond du Lac Railroad Company. The Directors under the consolidation were William B. Ogden, Charles Butler, John J. R. Pease and Joseph A. Wood. In 1856, the road was completed and Janesville joined to Chicago by rail. Mr. Ogden then became President of the whole system, and continued as such until June, 1859. In the great railway crash of 1857, he became financially embarrassed, and finally went into bankruptcy, of the road passing to Samuel J. Tilden and 0. D. Ashley, who re-organized it and made it what it is. They proposed to the bondholders - who had never received any interest on their investment - that if they (the bondholders) would advance $600,000, the road could be placed upon a paying basis. The bondholders had confidence enough- in the management to advance the money, and work was begun at once. At that date, the Company had ninety miles of road between Janesville and Chicago, and a short stretch running out of Fond du Lac. They built fifty-six miles between Janesville and Minnesota Junction, over the route originally laid out and partially graded by the R. R. V. R. R. Co. ; constructed four bridges over Rock River, ironed the road complete, put cars on the track, and turned the road over to the Company with a part of that $600,000 left. They had 180 miles of road then on a paying basis."

In 1852, the Racine, Janesville & Mississippi Railroad Company was incorporated by the following gentlemen : Charles. S. Wright, Marshall M. Strong, Samuel G. Bugh, James Catton, Peter Campbell, Henry S. Durand, James H. Earnest, John P. Dickson, Dasiel Lawson, William J. Allen, S. S. Barlow, James Neil and William H. Lawrence. The charter gave the Company power to locate and build a railroad from Racine, by way of Janesville, through Rock, Green, La Fayette and Grant Counties to the "Mississippi River. In 1855, by act of the Legislature, the name was changed to the Raeine & Mississippi Railroad Company, and the intention to build a railroad to Janesville, and thence in Wisconsin to the Mississippi 'River,

An interesting incident connected with the construction of this road was the struggle to get to Jefferson Prairie ahead of the Chicago & Fond du Lac road, to entail upon that road the expense of " frogs," etc., which would have to be borne by the road crossing a track already laid. Both roads exerted themselves to the utmost ; the workmen caught the spirit of their employers, worked with redoubled vigor as they neared the point of crossing, and, when they came in sight of each other, the work became an exciting race, which was won by the Chicago company by about ten minutes.

Beloit agreed to take 1,000 shares of stock in the Racine & Mississippi road in exchange for bonds of the town to the value of $100,000, having twenty years to run, and bearing 7 per cent interest. This subscription eventually led to protracted litigation, and an account of that transaction is essential to a complete history of the railroads in Beloit. An act of the Legislature, approved February 10, 1853, authorized the subscription of "$100,000 to the capital stock of a railroad company authorized to construct a railroad from the city of Racine to the village of Beloit, and to pay for the same in the bonds of the said town, payable in! twenty years, with interest, payable annually in the city of New York, not exceeding 7 per cent." Section 5 of this act required that the subscription should be approved by a popular vote of the citizens of the town, and required that one week's notice of the election to be held for that purpose should he given in a newspaper printed in the village. In accordance with this requirement, the following notice appeared in the Beloit Journal of March 31, 1853 :

An election will be held at Burroughs' Hall, in the village of Beloit, on Thursday, the 7th day of April next, to commence at 9 o'clock A. M., for the purpose of determining by a vote of the majority of the legal voters of the town of Beloit voting at such election, whether the Board of Supervisors of the town of Beloit shall subscribe for the town §100,000 to the capital stock of a railroad from the city of Racine to the village of Beloit, and to pay for the same in bonds of the town, in pursuance of the foregoing act of the Legislature of the State of Wisconsin.

At the election, 321 votes were cast for the proposed subscription and only 67 against it, and on the 5th of October, 1853, the Supervisors of the town passed a resolution to issue bonds to the amount indicated, and to deliver them to the Racine & Mississippi Railroad Company. Prior to this date, on the 8th of March, 1853, the Directors of the Company had passed a resolution to accept the bonds of the town in exchange for the stock of the Company, "conditional that the road from Racine to Beloit be one division, and the stock therein a distinct stock ; and also conditional that the Company provide for the payment of the interest on said bonds for said town until the completion of the road to Beloit." On the 21st day of May, 1853, the town and the railroad Company entered into the following agreement :

An agreement made and entered into this 21st day of May, 1853, between the town of Beloit, by .John Easterly, George B. Sanderson and Allen Warden, the Board of Supervisors of said party of the first part, and the Kacine, Janesville & Mississippi liailroad Company, party of the second part, witnesseth :

Whereas, The Board of Supervisors of the said town of Beloit subscribed for and in behalf of said town, for 1 ,000 shares of the capital stock of said Company, by an article of subscription dated this day, in pursuance of an act of the Legislature of the State of Wisconsin, entitled "an act to authorize the town of Beloit to aid in the construction of a certain railroad from the city of Racine to the village of Beloit," approved February 10, 1853. Now, in consideration of said subscription by the town of Beloit aforesaid, and of $1 in hand paid, by the party of the first part to the party of the second part, the said party of the second part doth hereby covenant and agree to and with the party of the first part, as follows :

First. 'That the bonds of said -town of Beloit to be issued for the amount of said subscription, shall in no case be sold in market for less than ninety-five cents on the dollar, wiihout the consent of the Board of Supervisors of said town, or their agent.

Second, That the amount of said subscription, as soon as realized, shall be expended upon that portion of said railroad commencing at Beloit and running east to Delavan

Third, That said Company will pay all interest that may accrue on said bonds up to the time said railroad shall be fully completed to Beloit.

Fifth, That the stock owned by the town of Beloit shall in no case be merged in the stock of any other road, branch, or corporation whatever, nor be liable to any assessment for any liability or contract of the said Company with any other road, branch, or corporation, without the consent of the said town of Beloit, unless the said road

In witness whereof, the Supervisors of the said town, in behalf thereof, have hereunto set their hands and seals, and the said Company, by its President and Secretary, has also signed the same, and caused the seal of the said Company to be hereunto affixed, the day and year aforesaid.

On the 17th of October, the railroad company ratified this agreement and instructed the President to accept the town bonds and deliver the stock of the road, which he did.

The town bonds were negotiated, the road constructed, and, the town having failed to pay the interest called for by the coupons attached to the bonds, suit was brought on bond No. 95 in the Circuit Court of Rock County, without a jury, before A. Scott Sloan, Judge of the Circuit Court. The case was decided adversely to the town, the Judge finding :

This cause having been fully heard by me, I hereby find, as a matter of fuct, that all the allegations in the plaintiff's complaint are established by evidence, and are true; and, as a matter of law, find that the plaintiff is entitled to a judgment against said defendant for one hundred and sixty-two dollars and seventy-eight cents, and costs.

The case was then appealed to the Supreme Court of the State, the appellant relying upon the alleged unconstitutionality of the act of the Legislature, authorizing the town to subscribe to the stock of the railroad Company, first because it imposed a tax, and was not passed by yeas and nays; and second, because it authorized ' the town, ''an integral part of the State," to become a party in the construction of a work of internal improvement, and " to create a debt for that purpose, and to enforce taxation to obtain money for the payment of that debt, when, by the Constitution, the whole State could do no such thing." The decision of the lower Court was affirmed. '

In 1852, a charter was granted to the Southern Wisconsin Railroad Company, with authority to build a road from Janesville through the southern counties of Wisconsin to the Mississippi River. The incorporators were Ensign H. Bennett, Joseph Bodwell Doe, James H. Earnest, William R. Biddlecome, John Moore, Prosper Cravath, John M. Stewart, John W. Blackstone and Joel C. Squires. The route was surveyed, and a lengthy stretch of grading completed. In the mean time, the Milwaukee & Mississippi Railroad Company had built a branch from their main line, running from Milton Junction to Janesville. This branch was opened for traific in January, 1853. In 1855, an act of the Legislature was passed, giving the Milwaukee & Mississippi Company authority to continue their Milton & Janesville branch from the latter point through the villages of Monroe, ShuUsburg and Benton to the Mississippi River, opposite or near Dubuque. The Southern Wisconsin Company was then absorbed by the Milwaukee & Mississippi. The work of laying the track on the grade made by the Southern Wisconsin Conapany was begun immediately. On September 1, 1857, the line was completed to Brodhead, nineteen miles west of Janesville, and, in January, 1858, was finished to Monroe.