462 - HISTORY OF MONTGOMERY COUNTY.

CHAPTER XVI.

COUNTY BUILDINGS - RAILROADS.

IN July, 1845, the County Co Commissioners paid a premium of $500 to Howard Daniels for the best plan of a court house, to be built at the northwest corner of Main and Third streets, and in August of the same year, the contracts for building were let. The old jail and court house that occupied the ground were sold at auction October 4, 1845, and in the spring of 1846, were torn down and removed. In the spring of 1847, the foundations for the new building were laid, and, in the spring of 1850, the building was completed, court being held in the new court-room for the first, time on April 13, 1850. The building is constructed of Dayton limestone, fire-proof throughout and covered with a stone roof. From tho street, eight wide stone steps lead to the terrace on which the building is erected, and another flight of steps leads from the terrace to the floor of the portico, which is on a level with the second story windows of houses on the opposite side of the street The front of the building is ornamented with six massive stone pillars, which also support the roof of the portico. The entrance to the plain hall or corridor is by two massive ornamented iron doors, each of which is of more than 2,000 pounds' weight. The hall leads to the rotunda, which is twenty feat in diameter and forty-two feet high, ornamented with a dome. the eye of which lights the hall below. Around the rotunda a circular flight of stone steps leads to the gallery of the court-room on one side and to public offices on the other. The court-room, which opens from the rotunda is in an elliptical form and occupies the space of both stories. being lighted by a dome, the eye of which is forty-three feet high. The court house is sixty-two feet. fronting on Main street, by 127 feet on Third street. and forty-four feet high. The estimated cost of the building was $63,000, but the actual cost greatly exceeded that amount. The house was built after the form of a Grecian temple and is to-day one of the handsomest and moat classical looking buildings in the State.

The County Commissioners authorized the purchase of the brick, etc., for a new jail, on August 5, 1844, and. on the same day appointed Horace Pease and John Mills Special Commissioner:, to procure a suitable site for the building. In September following, they purchased Lot No. 276, on the northwest corner of Main and Sixth streets of Nicholas Longworth, for $2,000. On the 3d of September. the contract. for building the jail was awarded to George B. Davis and Goodloe Pendry for $8,000. Extra work on the walls, cells and other parts of the jail increased the cost of the building to $9,322. It is sixty feet wide fronting on Main street, by 100 feet deep, and is built of hammer-dressed limestone, with walls two feet thick, and a tower at each corner of the front. The building is now used by the city for a work-house. It contains a hall and ten rooms above and below, in the front of the building. In the rear, there are thirty-two cells arranged in tiers, one above the other, with a hall on either side, one of the latter being used as a dining-hall. On the 31st of July, 1852, the County Commissioners ordered the walls of this jail to be torn down and the building rebuilt; whether or not this was done cannot be gleaned from the records.

On the 3d of March. 1857. the County Auditor was authorized by the

HISTORY OF MONTGOMERY COUNTY. - 463

Commissioners to advertise for a vote of the people on the question of building a new court house. on the north part of the courthouse lot; the building to be of brick and not to exceed $40,000 in cost. On the 13th of March, 1867, an act was passed by the Legislature empowering the Commissioners to build a new court house. but nothing further was done until May 5, 1869, when the Commissioners paid Kellogg & Burrows $800 for their plans of a new building, and it was agreed that they should receive $400 for superintending the construction of the same, should the Commissioners conclude to build. The question of building was again postponed and nothing done until July 14, 1879, when a call for plans was issued. and, on July 17, the plans for three doors, as submitted by Peters & Burns, were adopted. This action was afterward reconsidered, and the plans submitted by Leon Beaver were settled upon, but they were not formally approved until November 21, 1879, at which time Beaver gave. a bond of $10,000 and received a premium of $300 for the best plans. The second premium for $200 was awarded to E. E. Myers, of Detroit, and the third of $100 to Thomas Boyd, Pittsburgh. Bids were advertised for, and, on February 23. 1880, contracts for the work and materials were awarded. On March 11, 1880, these contracts were all annulled on account of the estimates and bills of cost not having been sent in. On the 28th of April, 1880, the plans, specifications and estimates were again approved, and, on June 2, 1880, the contracts finally awarded as follows: Excavations, H. J. Cair, $874; foundation. Kramer & Poock, $4,925; brick work, J. Clark & Co., $13,600; fire-proofing, Johnson & Co., $13,500: concreting. Daniel Slentz, $599; floor-tiling. Carpenter & Raymond, $2,331.90; plastering, Hollinger & Bro., $2.800; painting, Thomas D. Hale, $2,864.43; glass. Lowe Bros., $6,324.85; carpenter work, B. N. Beaver. $14,960: iron work, McHose & Lyon, $30,490; plumbing. Gibbons & McCormick. $2,775; galvanized iron work, George W. & E. E. Buvinger, $6,121: cut-stone work. Leopold, Cutter & Co., $45,500. The architect's total estimate of the cost of the building was $174,945.21. The excavations for the building were commenced in the summer of 1880, and the building soon thereafter commenced; it will probably be completed in 1884. The building is to be entirely faced and ornamented with dressed stone. The ground floor only slightly elevated above the street, and easy of access is to be occupied exclusively by those offices which are most frequented, and in which the most public business is transacted, viz., the Treasurer's, the Auditor's, the Recorder's. the Probate Judge's, the County Commissioners', Surveyor's and Prosecuting Attorney's. The next floor is to be occupied by two court-rooms, with a wide hall between. each connecting with a Judges' room, and both those, as well as the court-rooms, connecting with the law library. On the same floor and in the front of the building, are the Clerk's and the Sheriff's offices. witness-rooms and all necessary accessories---everything connected with the courts. The third floor contains offices for all other county officers, together with grand and petit jury rooms, and a room that can, if necessary, be used for the accommodation of another court.

It being decided that a new jail was needed for the county, J. Hodson, an architect of Indianapolis, Ind., was ordered, on the 18th of March, 1869, to prepare plans and specifications for the proposed edifice. After much difficulty, it was finally decided, on November 1, 1869, to locate the jail on the ground west of the court house, belonging to Boyer & Jameson. Accordingly, notice was duly given of the location as above, G. A. Grove, Commissioner, dissenting. On April 6, 1871, the Auditor was directed to advertise for bids, and, on May 29, 1871, the contract was awarded to Rouzer & Rouzer, for $78,500--" the entire building to be fire-proof, the front or residence faced with the best Buena Vista stone of uniform color, a boiler-house for the heating appa-

464 - HISTORY OF MONTGOMERY COUNTY.

ratus to be built outside of the jail proper, and the prison walls to be lined with quarter-inch plate iron." This contract was afterward annulled, and, on June 25, 1872, new plans were adopted and the contract awarded, July 30, 1872, to Marcus Bossler to build the jail, Warden's residence and boiler-room, for $154,000, he to allow $306 for the work already done on the boiler-house. On the 12th of August, the contract was ratified and the contractor put under bond. The building was to have been completed by the 30th of June, 1873, but was not completed and accepted until February 8, 1874, the cost of construction having been increased to $190,553. The building is two stories high, with a mansard roof, and consists of the jailer's residence, in which there are six dwelling rooms and two rooms used for the female department, and the prison proper, in which there are twenty-six cells, arranged in two tiers, with a hall running between and a corridor around the whole. The residence part is thirty-six feet, fronting on Third street; is faced with dressed freestone, and has a circular flight of steps leading from the street to the entrance. The cost of construction, including the price paid for the lot and the Superintendent's salary. makes the entire cost exceed $220,000.

THE RAILROADS OF MONTGOMERY COUNTY.

In 1841, there were thirty-six miles of railway in Ohio; in 1880 there were 5,654.62 miles, and still the work goes on. In 1880. Morgan was the only county in the State which had not a railway within its limits. The importance of railway communication was early seen by the inhabitants of Montgomery County, and measures were adopted for securing the benefits thereof to themselves. January 5, 1832, the Ohio Legislature passed an act incorporating the

MAD RIVER & LANE ERIE RAILROAD COMPANY.

This road was "vested with the right to construct a railway from Dayton via Springfield, Urbana, Bellefontaine, to or near Upper Sandusky, Tiffin and Lower Sandusky, to Sandusky, Huron County."* Acts furthering the interests of the corporation. were passed March 14, 1836: December 19, 1836: March 16, 1839, February 19, 1845; February 6, 1847; February 8, 1847; the act of February 6, 1847 authorized the town of Springfield to subscribe $20,000 to the stock of the company, to be applied on the construction of the line between Springfield and Dayton. The contract for the construction of this division of the road was let in the winter of 1848-49, and the last rail between the two cities was laid January 25, 1851. Two days later an excursion passed over the road from Springfield to Dayton, and the next day. January 28, 1851, trains began running on regular time. In the following December this road as well as the C., H. & D., the D. & W., and the G. & M., suffered heavily by floods.

"The Mad River & Lake Erie Railroad Company located and constructed its road from Tiffin to Sandusky by way of Bellevue. In 1851, the Sandusky City & Indiana Railroad Company, which was chartered by act of February 28, of that year (49 Ohio L.. 434), proceeded to build a road from Tiffin to Sandusky, via Clyde, and this route being deemed more favorable than the other, December 1, 1854, the last named company leased the road for the term of ninety-nine years, renewable forever to the Mad River & Lake Erie Railroad Company, which has since operated the same as a part of its line, ultimately abandoning the other route. The organization of the Sandusky City & Indiana Railroad Company is kept up for the purpose of perpetuating the lease, the interests of the companies being identical, and the road having been built in the interests of and with means furnished by the Mad River & Lake Erie Company, one person acting as President of both corporations." (1)

* Report of the Commissioner of Railroads and Telegraphs of Ohio, June 30, 1880.

(1) Commissioner's report. 1880.

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June 1, 1854, the company leased the road of the Springfield & Columbus Railway, for the term of fifteen years. agreeing to certain provisions. February 23, 1858, by decree of the Common Pleas Court of Erie County, the name of the company was changed to the Sandusky, Dayton & Cincinnati Railroad Company. July 2, 1866, the road having been in the hands of a receiver, and a special Master Commissioner since October 13, 1865, a certificate of reorganization was filed with the Secretary of State, under, the name of the Sandusky & Cincinnati Railroad Company. October 8, 1866, this company leased its road to the Cincinnati. Dayton & Eastern Railroad Company for ninety-nine years, but by mutual agreement the lease was surrendered January 9, 1868. By a decree of the Erie County Court of Common Pleas, filed with the Secretary of State, January 11, 1868, the name was changed to the Cincinnati, Sandusky & Cleveland Railroad Company, and June 28, 1870, this company leased the road, property, and rights of the Columbus, Springfield & Cincinnati Railroad Company (successors to the Springfield & Columbus Railroad Company, previously lessors of the 'lad River & Lake Erie Company). with certain provisions to be carried out by the C.. S. & C. Company. A perpetual lease of that portion of the road leading from Dayton to Springfield was made to the Cincinnati & Springfield Railway Company, by whom it was transferred, together with a lease in perpetuity of its own railway rights, privileges and franchises to the Cleveland, Columbus, Cincinnati & Indianapolis Railway Company. "'larch 61, 1881, this company and the Columbus, Springfield & Cincinnati Railroad Company leased their roads to the Indianapolis, Bloomington & Western Railway Company for ninety-nine years, renewable forever."

CINCINNATI. HAMILTON & DAYTON RAILROAD COMPANY.

On the 2d day of March, 1846, a charter was granted to the Cincinnati & Hamilton Railroad Company, its name being changed by an act of February 8, 1847, and another of March 15, 1849, the latter being "An act to amend the several acts relating to the Cincinnati. Hamilton & Dayton Railroad Company." The Dayton end of the road was put under contract in August, 1850, and September 13, 1851, the first excursion from Cincinnati and Hamilton, came over the road. Trains began running regularly between Cincinnati and Dayton September 22, 1851, distance, sixty miles. The Dayton & Michigan Railroad Company was incorporated by act of March 5, 1851, to extend from Dayton to Toledo, 142 miles, and the Cincinnati, Hamilton & Dayton Company was empowered to lend it money. or otherwise aid in the construction of the road. In December. 1851, contracts for building this line were let, and on the 28th of March, 1853. an excursion train arrived over it, from Troy. Regular trains were put on April 28, 1853. May 1, 1863, the line was leased in perpetuity to the Cincinnati, Hamilton & Dayton Company (lease subsequently modified), and February 18, 186;1, the Cincinnati, Hamilton & Dayton Company also leased the road Of the Cincinnati, Richmond & Chicago Railroad Company--Hamilton {o the Indiana State Line 36 - miles and the lease of the latter of the Richmond & Miami Railway extending to Richmond, Ind. November 26, 1872, the management of this company purchased the line of the Junction Railroad Company, from Hamilton to Indianapolis 98.20 miles, the purchasers soon after organizing the Cincinnati, Hamilton & Indianapolis Railroad Company.

DAYTON & WESTERN RAILROAD COMPANY.

A charter was granted to this company February 14, 1846, its purpose being to construct a road from Dayton to a point on the State line between Ohio and Indiana, such point to be selected by the directors. The railroad

466 - HISTORY OF MONTGOMERY COUNTY.

commissioner's report for 1880 states that work was begun on this road in July, 1848,* and other authority gives April 21, 1849, as the date on which the contracts were let. From the junction west, track laying began August 6, 1852, the road being consolidated with the Indiana Central on the first of that month. The distance from Dayton to the State line is thirty-eight miles. In Indiana,

the road was opened to Richmond February 19, 1853. In September of the same year, trains passed westward to Indianapolis, and October 11, 1853, the entire road was opened for regular business. January 14, 1863, the track from Dayton to Dodson, fifteen miles, was leased in common to the Dayton & Union Railroad Company. "Under date of February 4, 1865, the company leased from the Richmond & Miami Railway Company of Indiana, for ninety-nine years from January 1, 1865, renewal forever, the entire control of its road, right of way, buildings, etc., from its western terminus on the line dividing the States of Ohio and Indiana to the point of junction or switch where its said road diverges and runs to Eaton and Hamilton ; also the use of the remaining portion to its western terminus, in the city of Richmond. three miles in all, for the semi-annual payment of $2,750, payable each first of January and July. February 4, 1865, the company entered into an agreement to lease to the Little Miami and Columbus & Xenia Railroad Companies, for ninety-nine years from January 1, 1865, renewable forever, its road, property and privileges. excepting certain leased premises and other property in Dayton, the shots, machinery, tools, etc., and providing that a contract between the Dayton & Western and Columbus & Xenia Companies of March 12, 1863, be surrendered and settled up to the above date. The lease was made subject to a contract lease between the Dayton & Western and Dayton & Union Railroad Companies of January 14, 1863, by which the latter have the use of the Dayton & Western track from Dayton to Dodson. Also, of a contract between the Dayton & Western and Cincinnati, Hamilton & Dayton Railroad Companies, relating to the joint use of tracks of the two said companies in Dayton and the bridge over the Great Miami River. The lease of the Richmond & Miami Railway was also transferred and assigned. the lessees assuming all the stipulations an conditions of the several named contracts of the Dayton & Western Company. and agreeing to carry out the several provisions thereof. The Dayton & Western Company agreed to procure to be transferred to the lessees a majority of its capital stock. not less than $155,000 in the aggregate. The lease was made subject to a deed of trust dated November 1, 1864, to secure the payment of $738,000, bonds of the Dayton & Western Railroad Company, due and payable January 1, 1895, the lessees assuming payment of the semi-annual interest thereon as rental for said property. and also agreeing to indorse and guarantee the payment of the principal and interest of said bonds. the Dayton & Western Company agreeing, upon the full payment thereof and the interest thereon, to convey in fee simple to the said lessees the railroad and property thereby leased. The foregoing contract for lease was duly approved and ratified by a majority of the stockholders of each company party thereto. The Columbus & Xenia Company assigned its interest in the foregoing lease of the Little Miami Railroad Company, to take effect December 1, 1868, and it was transferred by that company together with its own and other leased lines, to the Pittsburgh. Cincinnati & St. Louis Railway Company, to take effect December 1, 1869, and the road since that time has been operated by that company, in connection with its own and other leased lines." (t)

* This probably has, reference to the survey.

(t) Commissioner's report, 1880.

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DAYTON & UNION RAILWAY COMPANY.

February 26, 1846, the Greenville & Maimi Railroad Company was chartered, with authority to build a railroad from Greenville to some point on the Dayton & Western line or on the Miami on the Miami extension canal, to be determined by the directors. By an amendatory act passed March 23, 1850, authority was given the company to extend its road from Greenville west to the Indiana State line. Under the charter and amendments, the road was built from Dayton by way of Greenville to Union City, contracts having been let in May, 1849. The formal opening to Greenville was celebrated June 10, 1852, and to Union on the 222d of the following December. The Dayton & Western track was first used as far as the junction, but a parallel line was subsequently laid which was finally taken up and the Dayton &. Western track again came into use. Financial troubles carne upon the company. and January 5, 1863, the road was sold to certain trustees, and on the 8th of the same month the company was re-organized as the Daton & Union Railroad Company, and a certificate filed with the Secretary of' State January 19, 1863. December 23, 187 l, the road was transferred to a trustee and is still held and operated under a trusteeship. Its total length of track is 48.53 miles, including 1.79 miles of siding.

THE DAYTON, XENIA & BELPRE RAILROAD COMPANY.

This company was chartered February 19, 1851, with authority to construct a railroad from Dayton to Xenia, and thence intersect with the Belpre & Cincinnati Railroad in Highland County, Work was begun in 1852; contracts for building the division from Dayton to Xenia were let March 15, 1853, and May 17, 1854 the line was opened between those two points. distance sixteen miles. The company leaving become financially embarrassed, the road was sold; February 4,1865, under a decree of foreclosure, to the Little Miami and Colurnbus & Xenia Companies. for the sum of $415,000. The road is now a Dart of the lines leased to and operated by the Pittsburgh. Cincinnati & St, Louis Railway Company.

ATLANTIC & GREAT WESTERN RAILWAY.

This corporation was formed in the fall of 1865, by the consolidation ruder the above Name, of several New York, Pennsylvania and Ohio Companies. The broad-gauge track of the Cincinnati, Hamilton & Dayton Company, from Dayton to Cincinnati, sixty wiles, was leased to the Atlantic & Great Western, and afterward. with the balance of the lines, reduced to the standard gauge. Work was begun on this road at Dayton, November 7, 1853, but it was not finished, nor were trains run until after the war of the rebellion. June 25, 1874, the stockholders of the Atlantic & Great Western Company ratified a lease made May I, in the same year to the Erie Railway Company, of its own road and leased lines. not embracing the use of the Cincinnati., Hamilton & Dayton Railroad. After numerous financial embarrassments the road was placed in the (lands of a Receiver. January 6, 1880, the road and all other property of the company were sold on foreclosure to purchasing Trustees, on behalf of an association of mortgage bond-holders and others interested. March 15. following, the Trustees conveyed their purchase to five corporators, who organized an Ohio corporation, known as the "New York, Pennsylvania & Ohio Railroad Company," (of Ohio), and the company was incorporated March 17, 1880. A similar corporation had been organized at the same time, in Pennsylvania,* and the two were consolidated March 24, 1880, forming the present New York, Pennsylvania & Ohio Railroad Company.

* Known as the "New York Pennsylvania & Ohio Railroad Company of Pennsylvania."

468 - HISTORY OF MONTGOMERY COUNTY.

CINCINNATI & SPRINGFIELD RAILWAY COMPANY.

This company was incorporated September 9, 1870, to build a road from Springfield to Cincinnati, through the counties of Clark, Montgomery, Greene. Warren, Butler and Hamilton. The road was intended to form in connec tion with other roads already constructed, a trunk line from Cincinnati to the Eastern cities. No new road was built except 48.80 miles from Ludlow Grove to Dayton, the Dayton & Western road being used through the city of Dayton, and from Dayton to Springfield the track of the Cincinnati, Sandusky & Cleveland Company, leased to the Cleveland, Columbus, Cincinnati & Indianapolis Railroad Company in perpetuity, the latter now operating the entire line from Cincinnati, under lease in perpetuity from the Cincinnati & Springfield Company, to Dayton, and the others as above stated. This road is the well known "short line " to Cincinnati.

DAYTON & SOUTHEASTERN RAILROAD COMPANY.

This company filed articles of incorporation. December 16, 1871 ; capital stock, $1,000,000; object, to construct a road from Dayton through Xenia, Jamestown and Jackson Court House, to Gallipolis, intersecting Greene, Fayette, Ross, Vinton, Jackson and Gallia Counties; length, 144 miles; gauge, 36 inches. Very little was done on this road for several years, but by July 1, 1877, it was finished as far as Washington Court House, 48.71 miles. Up to June 30. 1880. 114 miles had been completed and were in operation. and March 18. 1881, the company was consolidated with the Toledo, Delphos & Burlington Railroad Company. The latter company was organized May 23, 1879, by the consolidation of the following companies : Toledo, Delphos &. Indianapolis, incorporated March 14, 1872 : Toledo & Maumee Narrow Gauge, incorporated May 16, 1878; Delphos & Kokomo. incorporated July 18. 1877 (these all under laws of Ohio), and the Delphos, Bluffton & Frankfort. incorporated under the laws of Indiana, October 17, 1877. On the l 7th of May, 1880, the Toledo. Delphos & Burlington Company entered into n contract with the Dayton. Coyington & Toledo Railroad Company for the consolidation of the two, tho contract being subsequently ratified by the stockholders of both companies. The new organization was also known as the Toledo. Delphos & Burlington Railroad Company, being formed June 21, 1880, a little over a month after the contract was made for consolidation. The new company completed the projected line from Dayton to Delphos. and after the consolidation with the Dayton & Southeastern Company. the Toledo & Grand Rapids road was purchased (extending from Toledo via Waterville to Grand Rapids, in Wood County) and on the 15th of April, 1881, a certificate was filed for the eonstructi6n of a branch line from Dayton to Lebanon.* Warren County, to form connection with the Cincinnati Northern Railway. May 19, 1881, a certificate was filed for the construction of a branch from Wellston to Ironton. the northern terminus of the Ironton & Huntington Railway. The lines. which were originally the Dayton & Southeastern, the Dayton. Cleveland and Toledo, and the Dayton. Lebanon & Cleveland. are now owned and managed by a recently organized corporation known as the Toledo, Cincinnati & St. Louis Company, with principal offices at Toledo.

SOLDIERS' HOME RAILWAYS.

There are three lines of railway to the Soldiers' Home, viz. : One constructed by the Toledo, Dayton & Burlington Company, from its main line: another by the Little Miami Division of the Panhandle Company; and a third by the Cincinnati, Hamilton & Dayton Company. all extending from This branch was called the Dayton, Lebanon & Cincinnati Railroad.

HISTORY OF MONTGOMERY COUNTY. - 469

Dayton. The route over the Toledo, Dayton & Burlington is the most round about, and, since the construction of the other two lines, it is comparatively little used.

At the close of 1880, Montgomery County had within its limits, 75.129 miles of railway, valued at $1,183,168. Railroads have become matter of course institutions, and the construction of a new line is not viewed with that enthusiastic interest which was manifested in the early days of the work. The Cincinnati, Hamilton & Dayton road was completed to Miamisburg, August 18, 1851, and on the 20th, an excursion, filling four platform cars, went down from. Dayton to help celebrate the event ; tickets 25 cents for the round trip : J. Carey, con conductor. Dinner was served at Zimmer's Hotel, and when it was over, speeches were made by several prominent men. On Saturday following. the party, accompanied by pieces of artillery and a band, made the round trip to Carlisle Station, stopping for breakfast at Miamisburg on the return. When the Dayton & Western Railroad was being located in Dayton it was desired to condemn an acre and a quarter of land belonging to N. Longworth, for depot purposes, and a jury was chosen consisting of S. D. Edgar, Robert Means, and J. L. Williams, men of property and good standing, who decided the value of the condemned land to be $600, and the benefits accruing to other property of Mr. Longworth were placed at $1,500, making him really indebted $900 to the company. The first railroad accident in Dayton occurred June 25, 1851, when a seven-year-old son of John Clegg fell from a car in the old Miami River & Lake Erie Railroad yard, north of First street, and had his right Leg crushed below the knee by the entire train passing over it. The injured limb was amputated by Dr. Jewett.