226 - HISTORY OF SUMMIT COUNTY.

CHAPTER III.*

EARLY SETTLEMENT OF THE WHITES—ORGANIZATION OF THE COUNTY—PUBLIC BUILDINGS—
COUNTY SEAT QUESTION—SETTLED BY VOTE—COUNTY OFFICIALS—CON-
GRESSMEN AND ELECTORS—THE COUNTY INFIRMARY, ETC.

IN presenting a brief history of Summit County—its early settlement, organization, erection of public buildings, etc.—the writer will not attempt to rehearse the generally well-known early history of Ohio and the Western Reserve, nor give in detail the thrilling experiences of the hardy, enterprising and patriotic pioneers by whom the several townships composing the county were originally settled. It is sufficient for the present purpose to say that the first known settlement of whites, within the present limits of Summit County, was made in Hudson, in the year 1800, followed by Northampton in 1802 ; Stow in 1804; Boston, Coventry and Springfield in 1806 ; Northfield and Tallmadge in 1807 ; Green in 1809 ; Bath, Norton and Richfield in 1810 ; Portage in 1811 ; Copley and Franklin in 1814 ; and Twinsburg in 1817 ; and that to the indomitable energy and fortitude, superior intelligence and unswerving integrity of those early settlers, the present owners and occupiers of the finely cultivated farms, and the dwellers in the thriving villages and cities within its borders, are wholly indebted for the priceless heritage which they now enjoy.

Of the sixteen townships composing Summit County, ten—viz., Northfield, Twinsburg, Boston, Hudson, Northampton, Stow, Portage, Tallmadge, Coventry and Springfield—originally belonged to Portage County ; four—viz., Richfield, Bath, Copley and Norton—to Medina County ; and two—viz., Green and Franklin—to Stark County. Interesting and appropriate sketches of the several townships here enumerated, with biographical sketches of the pioneer settlers and other citizens thereof, will be found elsewhere, under their appropriate titles.

With the opening of the Ohio Canal, finished from Cleveland to Akron in 1827, and through to Portsmouth in 1830, and the greatly increased

*Contributed by S. A. Lane.

facilities for travel and transportation which it afforded. not only were the agricultural interests of the State, along its entire line, very largely stimulated, but a very marked impetus was thereby given to commercial and manufacturing interests. also. Thus, while the very considerable business operations previously existing at Middlebury, and one or two other points in the Cuyahoga Valley. were materially increased thereby. the completion of the canal was immediately followed by the utmost activity at Akron and Cuyahoga Falls. then just springing into existence as manufacturing villages, both being largely supplied with water-power—at that early day the great desideratum in all manufacturing enterprises.

So rapid was the development of these villages. and the several townships contiguous to the great " thoroughfare:' that the people soon began to feel that their respective seats of justice. Ravenna. Medina and Canton, where they were compelled to go to serve as jurors and witnesses. and for the payment of their taxes. were too far from their business centers, and. as early as 1835. began to talk new county." The proposition was not at all kindly received by the county officials, and the people of the more remote portions of Portage, Medina and Stark% out of whose fair proportions the required territory for the new county. if erected. would have to be carved, and nothing was definitely accomplished in that direction until 1840.

In the fall of 1839, by a special effort and united action of the voters—both Whigs and Democrats—of the two tier f townships which it was proposed to detach from Portage County. Rufus P. Spalding, Esq.. then practicing law in Ravenna. and Ephraim B. Hubbard. an intiuential farmer of Deerfield Township. were elected as Representatives to the State Legislature. both of those gentlemen being Democrats. but pledged to the new county project, thus being

HISTORY OF SUMMIT COUNTY. - 227

elected over the regular Whig nominees, Portage County at that time, particularly the west ern portion, being largely Whig, on strict party issues ; Simon Perkins, Jr., then as now a resident of Portage Township, a member of the Whig party, being at the time a member of the State Senate.

The Legislature convened and organized on the 2d day of December, 1839, and, on the 17th day of the same month, Hon. James Hoagland, of Holmes County, as Chairman of the committee on new counties, reported to the house "a bill to erect the county of Summit," which was read the first time. The Stark County Representatives, Hons. John Smith and James Welch, the Medina County Representative, Hon. James S. Carpenter and the Lorain County Representative. Hon. Albert A. Bliss, all directly and vigorously opposed the movement ; the first three because of the curtailment of their respective counties, in providing the requisite territory for the proposed new county, and the last because of the proposition to transfer the townships of Spencer and Homer from Lorain to Medina. to keep the territory of the latter up to the constitutional requirement, after being shorn of her eastern tier of townships. Representatives of several other counties in different portions of the State. in danger of being dismembered by similar new county projects. also earnestly opposed the measure, so that it had to be fought through inch by inch, passing the House by a majority of three only, on the 6th day of February. 1840.

In the Senate. also. the struggle was equally determined and severe, Senators Hostetter, of Stark, Birch, of Lorain. Nash, of Meigs. and Thomas. of Miami, actively and energetically opposing the bill. Active and influential "lobbyists," both for and against the measure, were also in attendance in full force. and the various tactics and devices resorted to in promoting the measure on the one hand, and retarding it on the other, would make a goodsized volume of "mighty interesting reading" if it could be correctly written up. The progress of the bill through the House and Senate, as briefly recorded in the proceedings of the two Houses. will give the reader a pretty fair idea of the bitterness of the fight, though by no means conveying to the mind anything like an adequate conception of the vast amount of argument, eloquence, repartee, vituperation, ridicule.

and fun indulged in during the four months, nearly, that it was under consideration.

On motion of Mr. Spalding, the bill was taken up for consideration, December 21, when, on motion of Mr. Welch, the further consideration of the bill was postponed until the second Thursday in January. Yeas. 42 ; nays, 28.

On motion of Mr. Spalding, the bill was again taken up, January 11, when Mr. Welch moved to recommit the bill to the Committee on New Counties, with instructions to report the number of petitioners and remonstrants for and against the project—which was agreed to.

The committee having made its report, on motion of Mr. Spalding, the bill was again taken up. January 17. when Mr. Welch moved to postpone the further consideration of the bill until the first Monday of December next, which was lost—yeas, 28 ; nays 32. The bill was then laid on the table.

Mr. Spalding moved to take the bill from the table, January 27, which was lost—yeas, 25 ; nays 30.

Feb. 6.—On motion of Mr. Spalding, the bill was again taken up, and, after some delay, caused by Mr. Welch moving a call of the House, was put upon its passage and carried—yeas. 34; nays, 31.

The bill, as received from the House. was read for the first time in the Senate February 7. and February 27, Mr. Hostetter, of Stark. moved to strike out of the bill that part of the territory belonging to Stark County. Lost —yeas, 15 ; nays. 18.

Mr. Nash, of Meigs. moved to strike out that portion of the bill exempting the people resident in the Stark County townships from taxation for the erection of the public buildings for the proposed new county. Lost—yeas; 14 ; nays, 19.

On being read the third time. February 28, Mr. Thomas, of Miami, moved to recommit the bill to the Committee on New Counties, with instructions to so amend as to strike out that part exempting Green and Franklin Townships from taxation for public buildings. Lost-yeas, 13 ; nays. 21.

Mr. Hostetter then moved that the further consideration of the bill be postponed until the first Monday of December next. Lost—yeas, 7 ; nays, 27.

Mr. Birch, of Lorain, moved to refer the bill to the Judiciary Committee. with instructions

228 - HISTORY OF SUMMIT COUNTY.

to so amend as to strike out the two Lorain townships. Lost—yeas, 9 ; nays, 25.

Mr. Hostetter moved to amend so as to leave the matter to the voters of the proposed new county, at the next October election. Lost yeas, 10 ; nays, 24.

The question then recurring on the final passage of the bill, Mr. Hostetter demanded the yeas and nays, which were ordered, and were as follows : yeas, 19; nays, 15. The bill as passed is as follows :

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the counties of Portage, Medina and Stark. as comes within the following boundaries, be, and the same is hereby erected into a separate county, which shall be known by the name of Summit. to wit : Beginning at the northwest corner of the county of Portage : thence east on the county line to the northeast corner of the township of Twinsburg, in said county of Portage ; thence south on the line between the ninth and tenth ranges of townships of the Western Reserve to the southeast corner of the township of Springfield, in said county ; thence west on the line between the counties of Portage and Stark to the northeast corner of the township of Green. in said Stark County : thence south on the east line of said township of Green. to the southeast corner of the same ; thence west on the south line of the townships of Green and Franklin, in said county of Stark, to the southwest corner of said township of Franklin ; thence north on the line between the counties of Stark and Wayne to the south line of the county of Medina : thence west on the south line of the county of Medina to the southwest corner of the township of Norton. in said county : thence north on the line between the twelfth and thirteenth ranges of townships of the Western Reserve to the northwest corner of the township of Richfield. in said county; thence east on the north line of said county to the southwest corner of the township of Northfield, in Portage County ; thence north on the west line of said Portage County to the place of beginning; and for the purpose of restoring the county of Medina to its constitutional limits; the townships of Spencer and Homer, in the county of Lorain, be, and the same are hereby, attached to. and made a part of, the said county of Medina.

SEC. 2, That all suits, whether of a civil or criminal nature, which shall be pending within the limits of those parts of the counties of Portage, Medina and Stark. so to be set off and erected into a new county previous to the organization of said county of Summit; and all suits pending within the limits of said townships of Spencer and Homer, previous to the taking effect of this act, shall be prosecuted to final judgment and execution within the counties of Portage, Medina, Stark and Lorain, respectively, in the same manner they would have been if said county of Summit had not been erected. and the said townships of Spencer and Homer had I not been attached to and made a part of said Medina County ; and the Sheriffs. Coroners and Constables of the said counties, respectively, shall execute all such process as shall be necessary to carry into effect such suits. prosecutions and judgments, and the collectors of the taxes for said counties, respectively, shall collect all taxes that shall be levied and unpaid within the parts of the aforesaid counties previous to the taking effect of this act.

SEC. 3. That all Justices of the Peace within those parts of the counties of Portage, Medina ant Stark. which by this act are erected into a new county: and also within said townships of Spencer and Homer, shall continue to exercise the duties 01 their offices until their times of service shall expire in the same manner as if they had been commissioned for the counties of Summit and Medina, respectively.

SEC. 4. That on the first Monday of April next, the legal voters residing within the county of Summit shall assemble within their respective township, at the usual places of holding elections. and proceed to elect their different county officers. who shall hold their offices until the next annual election, and until their successors are elected and qualified.

SEC. 5. That the Courts of Common Pleas and Supreme Court of said county shall be holden at some convenient house in the town of Akron until the permanent seat of justice for said county shall be established.

Sec. 6. That Commissioners shall be appointed agreeably to the act entitled. "An act for the establishment of seats of justice," to fix upon a permanent seat of justice for said county of Summit. agreeably to the provisions of the above-recited act: and the commissioners aforesaid snail receive a compensation for their services out of the treasury of said county of Summit : and said Commissioners shall be authorized to receive propositions for the erection of suitable county buildings by the citizens of such towns and villages as may desire to have the seat of justice of said county established within their respective limits : and in no event shall any tax for the erection of county buildings for said county of Summit be imposed upon the citizens of the townships of Franklin and Green, which townships are taken from the county of Stark. for and (luring the term of fifty years from and after the passage of this act.

Thomas J. Buchanan

Speaker of the House of Representatives.

WILLIAM McLaughlin, Speaker of the Senate.

MARCH 3, 1840.

The next thing in order was the passage of a joint resolution appointing Commissioners to locate the county seat, which was adopted by the House, February 7, and concurred in by the Senate, February 10, as follows:

Resolved, By the Senate and House of Representatives, that Jacob J. Williard, of Columbiana County. James McConnell. of Holmes County, and Warren Sabin, of Clinton County, be, and they are hereby appointed Commissioners to establish the seat of justice for Summit County, pursuant to an

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act entitled "An act establishing seats of justice," passed February 23, 1824.

THOMAS J. BUCHANAN, Speaker of the House of Representatives.

WILLIAM MCLAUGHLIN, Speaker of the Senate.

The next stage fn the proceedings, was the passage of a bill to organize the new county, which passed the House without opposition, on the 4th day of March, 1840, and unanimously concurred in by the Senate, March 10, as follows:

SEC. 1. Be it enacted by the General Assembly of the State of Ohio: That the county of Summit be, and the same is hereby organized into a separate and distinct county.

SEC. 2. All Justices of the Peace and Constables within the territory taken from Portage, Medina and Stark Counties, shall continue to discharge the duties of their respective offices until their commissions or terms of office shall expire, and until their successors shall be chosen and qualified; and suits commenced before the taking effect of this act. shall proceed and be prosecuted as though this net had not been passed. Provided. That all writs and other legal process to be issued after the first Monday of April next. shall be styled of Summit County. instead of Portage, Medina or Stark County.

SEC. 3. That on the first Monday of April next, the legal voters residing within the limits of the County of Summit, shall assemble in their respective townships. at the usual places of holding elections. and proceed to elect their different county officers in the saint. manner pointed out in the act to regulate elections. who shall hold their offices until the next annual election. and until their successors are chosen and qualified.

SEC. 4. It shall he the duty of the Commissioners of said county of Summit. on or before the first day of June nest. to take charge of all pauper, idiots and insane persons belonging to either of the townships included in said county of Summit. and now supported by either of the counties of Portage, Medina or Stark. and the same to maintain thereafter at the proper expense of said Summit County .

SEC. 5. The county of Summit. for judicial purposes. is hereby attached to the Third Judicial Circuit. and the first Court of Common Pleas to be holden in said county, hall commence its session in the town of Akron, on the second day of July next, and the second terns of said court shall commence on the eighth day of December next.

SEC. 6. That the Auditor of State in the reapapportionment of the surplus revenue received from the General Government. according to the enumeration of the year 1839, shall apportion to the county of Summit that amount. which according to the enumeration of the several townships taken from the Counties of Portage, Medina and Stark, said county will he entitled to receive, which revenue shall be paid to the order of the Fund Commissioners of said county on the first day of January, 1841. Provided, If within three months from said first day of January, 1841. said Fund Commissioners do not draw for said revenue, the Auditor of State shall be governed in the disposition of the same by the first section of the act to provide for the distribution and investment of the State's proportion of the surplus revenue, passed March 28, 1837.

SEC. 7. That in all elections for members of Congress, the county of Summit shall be attached to the Fifteenth Congressional District.

THOMAS J. BUCHANAN, Speaker of the House of Representatives.

WILLIAM MCLAUGHLIN, Speaker of the Senate.

As soon as the news of the final passage of the bill erecting the new county reached Akron, by the arrival of the overland mail from Columbus, on Monday evening, March 2, 1840, (the bill having passed the Senate the previous Saturday, February 28. though not engrossed and signed by the Speakers of the two houses until March 3), there being no railroads or telegraphs in those days, an impromptu jollification took place, which is thus graphically described in one of the local journals of the day : " With the rapidity of lightning, the news was spread from house to house, and in less than half an hour the whole town was in motion. Cheers, congratulations, bonfires and illuminations were the order of the day, while the deep-toned thunder of our cannon continued to proclaim the birth of the new county to all the surrounding country. Such a spontaneous and universal burst of feeling has seldom been witnessed under any circumstances. It was a scene to be looked upon, but cannot be described ; such a noise as the shrouds make at sea in a stiff tempest, as loud, and to as many tunes. Hats, caps and cloaks. I think, flew up, and. had their faces then been loose, this night had lost them." In fact, the recollection of the writer is today vivid and distinct, looking back through the dim vista of the forty-one intervening years, that through the entire night, until broad daylight in the morning," both solid and liquid jollity and happiness prevailed. Nor did the citizens of Akron confine the rejoicing over the glorious result to themselves alone, but immediately took the initiatory steps for a general new county celebration on W^ednesday, March 4. A committee of twelve citizens of Akron and one from each township was appointed, and measures taken to spread the " glad tidings " as widely as possible. Dr. Jedediah D. Commins was made President of the day ; Col. James W. Phillips,

230 - HISTORY OF SUMMIT COUNTY.

Col. Justus Gale and Jacob Brown, Esq., of Akron, and Col. Frederick A. Sprague and Benjamin Rouse, Esq., of Richfield, and Col. Solomon Markham, of Green, Vice Presidents ; Gen. Lucius V. Bierce, of Akron, was constituted Chief Marshal, with Col. Erastus Torrey and Maj. Ithiel Mills, of Akron, as assistants. A national salute was fired from the high ground between the two villages, North and South Akron (the present court house site) at sunrise. The military display was very fine, being participated in by the Summit Guards, the. Akron Light Infantry and Cavalry, the Copley Light Artillery. the Akron Band, under the leadership of Mr. Henry S. Abbey, and the Military Band, under the lead of Capt. Cleveland. The procession of several thousand men and boys, after marching through several streets, was joined by a large cortege of ladies, dressed uniformly alike and carrying parasols. who took their position between the Committee of Arrangements and the military. and marched the balance of the route to the place of feasting, on the present court house grounds. After dinner (abundant and toothsome), the following regular toasts were announced and responded to by the firing of cannon, music and cheers : 1. The Legislature of Ohio—They have at length done justice to themselves and us. Better late than never ! 2. Our Senator and Representatives—Many have done well, but these have excelled them all ! 3. The County of Summit—An infant Hercules. Give him a wide berth, for he'll be a whopper ! 4. Our Struggle—Almost another Trojan siege. The pangs and throes it has cost our parents to bring us forth are a certain presage of future greatness. 5. Akron—Look at her as she was, as she is, and as she will be ! 6. Our Young County—The pride of our affections ; unsurpassed in the elements of future greatness ; already populous and wealthy. If such is its childhood, what will it be when it becomes a man? 7. Portage, Stark and .Medina—Among

them they have hatched a young eagle, fullfleaged and on the wing. She will soar above them all ! 8. The Buckeye State—A germ of future empire, marching right ahead in the road of prosperity. She will not be turned aside from the high destiny that awaits her. 9. Our Canals and Public Improvements—If such things be done in the green tree, what will be done in the dry ? 10. The Late Meeting at Ravenna—Malignity feeding on envy ; daws pecking at eagles ; a striking instance of folly reacting on itself 11. The Memory of Gregory Powers—We mourn the untimely fate of this patriot, statesman and jurist. His memory will long be cherished in the county of Summit, his native and resting place. 12. The memory of George Washington—The greatest and best man ever produced in the tide of time. When nature had formed him, she broke the mold, that he might stand peerless and alone ! 13. The Ladies of Summit—It is the summit of our ambition to stand in the summit of their affections ! At the conclusion of the regular toasts, volunteer toasts were offered by Benjamin Rouse, Esq., of Richfield ; Gen. Samuel D. Harris, of Ravenna ; Hiram Bowen. Esq., editor of the Beacon. Akron ; Dr. Joseph Cole, Akron : Col. Justus Gale. Akron ; Maj. Ithiel Mills. Akron ; Col. Erastus Torrey. Akron ; Capt. Philo Chamberlin, Akron ; John Hunsberger. Esq., of Green : Dr. Jedediah D. Commins. Akron ; Julius A. Sumner. of Springfield : Robert K. Dubois, Akron ; Col. James W. Phillips, Akron ; Dr. Asa Field, Akron, and others. These " sentiments " would, no doubt. be interesting to the readers of these pages, but are altogether too voluminous for the space at our disposal in this chapter. In the evening, a convivial party partook of a very fine supper at the Ohio Exchange (present site of Woods' Block, corner of Main and Market streets), and, says the local reporter. " the day was closed without accident or other untoward circumstance to mar the festivities, amid bonfires and every demonstration of joy. The 4th of March, 1840, will long be remembered in Akron ! "

In accordance with the provisions of the bill to organize the new county, an election for county officers was held on the first Monday of April. 1840, both Whigs and Democrats placing tickets in the field. the Whigs securing the ascendency, and electing their entire ticket as follows :

Commissioners—John by, of Franklin ; Jonathan Starr. of Copley. and Augustus E. Foote. of Twinsburg.

Auditor—Birdsey Booth, of Cuyahoga Falls.

Treasurer—William O'Brien, of Hudson.

Recorder—Alexander Johnston, of Green.

Sheriff—Thomas Wilson, of Northfield.

Prosecuting Attorney—George Kirkum, of Akron.

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Coroner—Elisha Hinsdale, of Norton.

Real Estate Appraiser—Frederick A. Sprague, of Richfield.

Assistant Appraisers—Milo Stone, of Tallmadge, and Thomas E. Jones, of Franklin.

The Clerk of the Court of Common Pleas. was at that time appointed by the Judges of the Court ; the Judges, in turn, being appointees of the Legislature. The offices of Probate Judge and County Surveyors were then unknown among the County officials of Ohio.

Having given the requisite notice, the Commissioners elect, Messrs Hoy. Starr and Foote, met, according to the record. at McDonald's Tavern," northeast corner of Main and Exchange streets (a portion of the same building still remains standing in the same site), on the 9th day of April. 1840. for the organization of the county offices. The Commissioners having had the usual oath of office administered to them by the one of Justices of the Peace of Portage Township, one of their number administered a similar oath to the other officers elect, and the organization of the county was complete.

At this meeting. proposals for the rent of rooms for county offices and court purposes. pending the permanent location of the seat of justice, and the erection of county buildings. were received from Jacob Brown. Esq.. for May's Block, corner of Main and Exchange streets, now the Clarendon Hotel. owned by F. Schumacher. Esq.: Benjamin W. Stephens. Esq.. for his three-story brick block on South Main street, now part of Merrill's Pottery, and from Hiram Payne. Esq.. for the upper part of the large three-story stone block, corner of Howard and Market streets. on the site now occupied by the fine brick stores of M. W. Henry. Esq., and Major E. Steinbacher.

At a subsequent meeting of the Commissioners, held on the 11th day of May. the proposition of Mr. Payne was accepted. the large room in the third story. afterward for several years known as " Military Hall." being used as a courtroom, with entrance fro in Market street. the southeast corner of the hall being partitioned off for a jail. the county offices being located in other portions of the second and third stories of the building.

The Locating Commissioners, Messrs. William, McConnell and Sabin. assembled in 'Akron and entered upon the task assigned to them about the middle of May, 1840. In the meantime, not only had a sharp rivalry sprung up between North and South Akron for the prize, but Cuyahoga Falls also put forth a vigorous effort to wrest it from both, claiming, with a good degree of plausibility and justice, not only superior water-power for manufacturing purposes, but also to be considerably nearer to the geographical center of the county than Akron was ; and also claiming for that village superior healthfulness. and a more advantageous location for the building-up of a large manufacturing town or city, while the completion of the Pennsylvania & Ohio Canal, then about to be opened through from Akron to the Ohio River. would give them transportation facilities fully equal to those of Akron.

At that time. too. The Portage Canal and Manufacturing Company," with a capital stock of $500.000, was in the full tide of " prospective " prosperity. The managers of that corporation claimed that on the consummation of their project of bringing the entire waters of the Big Cuyahoga River. through the race they were then constructing, to " Summit City," now known under the chaste and classical name of the " Chuckery." just north of the present limits of the city of Akron, and one of' its most pleasant suburbs. a great manufacturing town —a second Lowell—would immediately spring into existence. As a compromise, therefore, between Akron and Cuyahoga Falls. as well as in its own behalf. and iii the interests of the people of the county at large, the Chuckery put in its claim for the location of the seat of justice of the new county within its borders. and. through its officers, urged the advantages of the location upon the attention of the Commissioners.

After visiting and fully examining the several localities named. and patiently listening to the arguments of the several claimants. pro and con. the Commissioners decided unanimously in favor of Akron, and accordingly proceeded. in the presence of a large concourse of interested and jubilant spectators, to stick the stakes for the county buildings upon the "gore" (where they still stand), then a wedge-shaped piece of unplatted land between North and South Akron, belonging to Gen. Simon Perkins, of Warren, the father of our present venerable fellow-citizen. Col. Simon Perkins. of Akron.

The people of Akron were, of course, greatly elated over the decision of the Commissioners

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in their favor, and as the buildings had been located upon neutral ground. about as inconvenient to the one as to the other, local jealousies were for the time being subordinated to the common weal, and the people of the two rival villages, cordially "shaking hands across the gore-y chasm," set themselves vigorously and unanimously at work to raise the necessary amount of money and materials to construct the public buildings, which, together with the grounds, were to be provided free of expense to the taxpayers of the county. The land was donated by Gen. Perkins, by deed received by the Commissioners, July 14, 1840. and the building fund was raised by voluntary contributions ; the contract for the erection of the court house and jail being entered into between the County Commissioners and Simon Perkins, Jr., and others, as Trustees, on the 24th day of September, 1840. The subcontractors. Maj. Ithiel Mills. of Akron, upon the court house, and Sebbens Saxton. of Norton. upon the jail. commenced work at once, the foundations of both structures being completed before the closing in of winter the same year.

The term of Mr. Perkins. as State Senator, having expired, Elisha N. Sill. Esq., of Cuyahoga Falls, was chosen as his successor in October, 1840. Though Mr. Sill. in behalf of the people of Cuyahoga Falls, had made a valiant fight for the location of the seat of justice within the limits of that enterprising village, there was very little it' any opposition made to his nomination and election by the people of Akron, for the reason that it was supposed that, the location having been legally and fairly made, and the public buildings commenced, a finality had been reached. and that the arrangement could not be disturbed. Through the influence of Senator Sill, however. aided largely by the same interests, if not the same men, that had opposed the erection of the new county the year before, the question of location was reopened, during the winter of 1840-41, Summit County's Representative in the House, Hon. Henry G. Weaver, of Springfield, making a vigorous but unsuccessful opposition against the scheme. The following is the new act in relation to the matter :

AN ACT TO REVIEW AND ESTABLISH THE SEAT OF JUSTICE OF SUMMIT COUNTY :

SECTION 1. Be it enacted by the General Assembly of the State of Ohio: That Jacob C. Hoagland, of Highland County. Valentine Winters. of Montgomery County, and William Kendall, of Scioto County, be, and they are, hereby appointed Commissioners to review the seat of justice of Summit County; and if. in their opinion, the public interest requires it, to relocate said seat of justice at such point in said county of Summit as they may deem most in accordance with the public interest and convenience: and said Commissioners shall be governed, in all their doings, by an act passed February 3, 1824. establishing seats of justice.

SEC. 2. That if the above-named Commissioners shall, upon review, change the location of said county seat. all subscriptions of money and land. and all bonds shall be void which have been made to the County Commissioners of said Summit County. and which were conditioned upon the location of the county seat at its present location: and all sums of money or other property, if any, which may have been paid on account of said subscriptions to the Commissioners of said Summit County. shall be repaid by the Commissioners to the said subscribers having so paid the same: or if said money or other property has been expended by said Commissioners according to law. the same shall be repaid, as above, out of the subscriptions provided for in the third section of this act: and the property for which said expenditures may have been made shall be appropriated by said Commissioners toward erecting the county buildings of said county where the county seat shall be relocated.

SEC. 3. That the above-named Commissioners shall be authorized to receive subscriptions, payable to the County Commissioners. for the purpose of erecting county buildings for said Summit County. and said Committee of review, hereby appointed. shall relocate said county seat only upon condition that said county buildings shall be erected by such subscriptions at the place where said committee shall so relocate.

SEC. 4. That each of said Commissioners shall receive the sum of $3 for each day he may be employed in the discharge of his duties under this act. and $3 for each twenty miles travel in going to and returning from the seat of justice of said county. to be paid out of the treasury of said county.

SEABURY FORD Speaker of the House of Representatives.

WILLIAM M. MCLAUGHLIN. Speaker of the Senate.

MARCH 25, 1841.

The reviewing Commissioners. Messrs. Hoagland, Winters and Kendall, came upon the ground early in the summer of 1841. After examining the several localities named, they resolved themselves into a high court of inquiry, at the stone church—then Universalist. now Baptist—on North High street, when the claims of the different points were exhaustively argued before them by the following gentlemen. viz.: Hon. R. P. Spalding. for Akron ; Hon. E. N. Sill, for Cuyahoga Falls, and Dr. E. N. Crittenden, for Summit City: the church,

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throughout, being crowded to its utmost capacity by the anxious, and, at times, demonstrative, backers of the respective speakers. After listening to the able and eloquent addresses from the gentlemen named, and sleeping over it" during an intervening night, the committee proceeded the next morning to the " chuckery," and, upon the first narrow bench of level land north of the Little Cuyahoga River. at a point about where the house of Mr. R. A. Grimwood now stands, commenced measuring off the ground and formally sticking the stakes for the county buildings, in the presence of a large crowd of interested, as well as indignant spectators. While thus engaged, Dr. Daniel Upson, of Tallmadge, who, though living and having large property interests somewhat nearer to Cuyahoga Falls than Akron. rather favored the latter place. rode up from the direction of Bettes' Corners. After watching the proceedings for a few minutes, the old Doctor. with the emphatic tone of voice and the peculiar curl of lip. so characteristic of him when aroused. exclaimed : " Nobody but fools or knaves would think of locating county buildings in such a place as that !"

The bluff old Doctor's indignant remark so aroused the ire of the majority of the Commissioners. already probably somewhat prejudiced against Akron, that they forthwith gathered up their locating paraphernalia and drove straight to Cuyahoga Falls, where they struck the stakes for the county buildings. on the very handsome site now occupied by the Congregational Church. on the south side of Broad street. and between Broad and Second streets east and west.

The relocating committee were not unanimous, however. as will be seen by the following extract from the journal of the Court of Common Pleas of July 23. 1841 :

In the matter of the review and relocation, of the seat of justice for Summit County. Jacob C. Hoagland and Valentine Winters, two of the Commissioners appointed by the Legislature to review and locate the seat of justice of Summit County, having returned to the office of the Clerk of this Court their joint report, and William Kendall, the other Commissioner, having returned to the Clerk of this Court his separate report. this day George Kirkum. Esq., a citizen and Prosecuting Attorney for said county, presented the same reports to the Court, and moved that the report of said Hoagland and Winters be filed and entered of record. Whereupon, the Commissioners of said county of Summit appear by theirattorney and object to the filing and entering of said reports of record, for various reasons by them set forth, and the parties were heard by counsel, and the Court, being equally divided in opinion: It is ordered that the said George Kirkum, Esq,, take nothing by his said motion.

The Court being thus divided as to the legality of the proceedings, and the County Commissioners also being divided in opinion on the same subject, Commissioner Foote favoring the majority report, and Messrs. Starr and by the minority report, the county officers also assuming the prerogative of deciding, each for himself, where his office should be kept, Auditor Booth establishing his headquarters at Cuyahoga Falls, and Treasurer O'Brien having his main office at the Falls, though maintaining a branch office in Akron, no further action was had in regard to the public buildings, the work already commenced in Akron remaining in state quo until the following year.

At the October election, in 1841. the county-seat question being the issue, Rufus P. Spalding and Simon Perkins, Jr.. were elected to the Legislature, Summit County that year being entitled to two members of the House, Representatives, under the old constitution, being elected annually. instead of biennially, as now. Senators. then, as now, being elected for two years. Mr. Sill of course held his position during the session of 1841—42. Through the exertions of Messrs. Spalding and Perkins, the following bill, submitting the question to popular vote. was enacted, the filibustering tactics to retard and defeat it being much less determined and persistent id the House than upon the original bill for the erection of the new county, but vigorously opposed in the Senate, the vote standing, in the House. yeas, 45 ; nays, 19 ; and in the Senate. yeas. 20 ; nays. 16, on the final passage of the bill. as follows :

AN ACT TO ESTABLISH PERMANENTLY THE SEAT OF JUSTICE OF SUMMIT COUNTY:

SECTION I. Be it enacted by the General Assembly of the State of Ohio: That the qualified electors of Summit County shall be authorized to express their preference for either Akron. or Cuyahoga Falls, as the seat of justice for said county, by placing on their tickets, at the township elections, to be held on the first Monday of April next, the words: "Seat of Justice at Akron." or. "Seat of Justice at Cuyahoga Falls." as their choice may he: and it shall lie the duty of the Trustees or Judges of the Election. in the several townships in said county, to make return of the said votes In regard to the seat of justice within three days thereafter to the Clerk of the

234 - HISTORY OF SUMMIT COUNTY.

Court of Common Pleas of said county, whose duty it shall be to canvass said votes, in the same manner that by law he is required to canvass votes for State and county officers.

SEC. 2. If either one of said towns shall receive a majority of all the votes given, the same shall be thenceforward the permanent seat of justice for said county of Summit; but if neither shall receive such majority, then, and in that ease, the subject shall remain open for the future action of the General Assembly.

SEC. 3. It shall be the duty of said Clerk to return to the Court of Common Pleas of said county, next to be held after the said election, an abstract of said votes, duly certified, that the same may be entered upon the journal of said court.

SEC. 4. Nothing herein contained shall be so construed, as to release, or in any way discharge any subscription of land. money, or materials heretofore made, for the purpose of erecting a court house and jail at the place that may be selected by the people as the permanent seat of justice for said county.

SEC. 5. The electors of Summit County shall be notified of the passage of this act. by publication of the same in some newspaper printed in said county. at least two weeks previous to said election.

RUFUS P. SPALDING.

Speaker of the House of .Representatives.

JAMES J. FAHAN. Speaker of the Senate.

March 2. 1842.

On the passage of this bill, a lively electioneering campaign immediately commenced, the different parties in interest holding meetings, making speeches, circulating documents, etc.. in every portion of the county, the activity and bitterness of a modern political campaign being moderation and mildness itself compared with it.

The result of the active measures thus taken, was a very full vote, almost two-thirds declaring in favor of Akron. as will be seen by the following abstract taken from the journal of the Court of Common Pleas, May term, 1842. as certified to by Lucian Swift, Esq.. Clerk of said court.

To the Honorable. the Court of Common Pleas of the County of .Summit, next to be holden in and for said county: I do hereby certify that the following is the abstract of votes given for the seat of justice of said county. at the election held on the first Monday of April. 1842. pursuant to an act of the General Assembly entitled "an act to establish permanently the seat of Justice for Summit County," passed March 2, 1842. as the same were returned to me by the township authorities. respectively, and as the same were canvassed: as witness my hand and seal of office, this sixth day of April A. D. 1842.

LUCIAN SWIFT. Clerk [Seal].

STATE OF OHIO, SUMMIT COUNTY. SS.

We do hereby certify that at an election held on the 4th day of April. inst., in pursuance of a law passed by the Fortieth General Assembly of the State of Ohio, entitled "An act to establish permanently the seat of justice of Summit County" there were two thousand, nine hundred and seventy-eight votes given for the "seat of justice at Akron;" one thousand, three hundred and eighty-four votes given for the "seat of justice at Cuyahoga Falls;' one hundred and one votes given for the "seat of justice at Summit," two votes "North Akron" and twenty-two blanks.

H. H. JOHNSON. Justice of the Peace.

L. L. Howard. Justice of the Peace.

LUCIA SWIFT. Clerk of Court of Common Pleas for Summit County.

APRIL. 6, A. D. 1842:

ABSTRACT OF VOTES.

.....................Akron.....Guyahoga Falls.....Summit City......North Akron.....Scattering

Bath................191..............41..........................2............................1 ..

Boston .............66..............54.........................60.................................................2

Copley ............271................1 ............................................................................1

Coventry..........232

Franklin...........250................4 ..........................................................................12

Green ..............289................1.............................................................................2

Hudson .............16............235

Northampton ....29............132...........................71 . . . ........................................2

Northfield..........30............143.............................9

Norton..............295

Portage ............621................5..........................15.............................1 . .

Richfield..........153 .............16.............................1

Springfield.......348..............13...............................................................................1

Stow.....................6............361 ..............................................................................1

Tallmadge ........181 ..........177.............................7.................................................1

Twinsburg, ........................199

Total ................................2978 ......................1384.................101..........2 ...........22

For Akron..........................................2978

Total Opposition................................1509

Majority for Akron.............................1469

The "vexed question" of location being now definitely settled, the public buildings were again proceeded with; though, building operations not being conducted as rapidly then as now, they were not completed until late in the following year, as will be seen by the following extract from the proceedings of the County Commissioners, under date December 5, 1843:

Dec. 5. 1843. Simon Perkins, Jr., Jedediah D. Commins and Richard Howe, the trustees for building the court house and jail, and Ithiel Mills, the court house contractor, submitted the court house for inspection of the board for their acceptance.

Dec. 6. Having examined the court house, the board proposed, as an offset to the general bad character of the work. which the building trustees

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fully admitted, to accept it, if the windows were made to work freely up and down, the doors better hung or fastened, and provided with more suitable latches and locks, and the windows in the Auditor's, Clerk's and Recorder's offices secured by iron blinds or shutters, made and fitted into them.

The contractor on the jail, Mr. Sebbens Saxton, having died in August, 1841, on the final settlement of the question of location the contract was assumed by his younger brother, Mr. Harvey Saxton, and the structure completed by him. Though the jail was accepted by the Commissioners, and though, at the time, it was regarded as well built, and as really a model institution of its kind, it did not prove to be remarkably safe, as the very first batch of prisoners, some eight or nine in number, confined therein, made their escape the very first night, by pushing from the wall one of the blocks of stone of which it was composed. This defect was subsequently remedied by the insertion of iron dowels, and no escapes from that cause have since been made, though often attempted. The jail building remains the same as when constructed, with the exception of the small brick wing upon the north side, added some thirty years ago. and some slight interior improvements. Though the doweling of the walls has prevented the prisoners from pushing out the blocks of stone, as in the instance named, at least a score of escapes have since been effected through other weak spots, and, from the experience which the writer has had therewith, he unhesitatingly affirms that both in a sanitary point of view, as well as in the matter of safety and convenience, a new jail structure is an immediate and pressing public necessity.

The court house, however, has been very materially changed. The two wings, with the porch and sustaining columns in front, have been added upon the west end, and the smaller porch upon the east end, while the courtroom and public offices have been correspondingly enlarged, the additions and improvements being authorized by a special act of the Legislature, passed March 29. 1867. The entire space upon the north side of the hall, upon the ground floor, is now occupied by the County Treasurer, greatly to the convenience of that officer, as well of the taxpaying public, the same space having originally been divided up into a grand jury room upon the west, the Sheriff's office upon the east, with the Treasurer's office in the center, only one-third its present dimensions. On the south side of the hall the Probate Judge formerly occupied the room upon the east end, now occupied by the Sheriff, the entire space now occupied by the Auditor's and Commissioner's offices having been originally about equally divided between the Auditor, Clerk and Recorder. On the upper floor, a stairway, ante-room and juryroom, occupying about twelve feet of the east end of the building, have been thrown into the courtroom, greatly to the convenience of the court and bar and all persons having business therein. The upper floor of the north wing is devoted to a jury room and a consultation-room, and the lower floor to the joint use of the Recorder and Surveyor, while the upper floor of the south wing is occupied by the County Clerk, and the lower floor by the Probate Judge. Notwithstanding these improvements, taking increase of population and a corresponding increase of the public business, the present structure—to say nothing of its yearly increasing condition of dilapidation—is wholly inadequate to the public requirements, and Summit County cannot do itself a more important service than by immediately inaugurating a movement for the erection of a new court house—one that will not only be commensurate with the public necessities, but a credit, also, to the proverbial good taste and public spirit of its people.

On the 5th day of March. 1851, Hosea Paul and others presented to the County Commissioners a numerously signed petition for the creation of the township of Cuyahoga Falls, and the board, being satisfied that the proper preliminary steps had been taken, unanimously granted the petition, the necessary territory, an average of about two miles square, being taken from the northeast corner of Portage, the northwest corner of Tallmadge, the southwest corner of Stow and the southeast corner of Northampton Townships, the incorporated village of Cuyahoga Falls also occupying a portion of said territory.

The township of Middlebury was also, in like manner, erected in March, 1857, the necessary territory being taken from Portage, Tallmadge, Springfield and Coventry. Subsequently, the township of Middlebury became, by legal annexation, the Sixth Ward of the city of Akron, though still retaining a distinctive township organization, to the extent of electing

236 - HISTORY OF SUMMIT COUNTY.

for itself a Justice of the Peace and one Constable.

Under the old constitution of Ohio, the local judiciary consisted of a Circuit or President Judge, having jurisdiction over from four to twelve counties, with three Associate Judges for each county, all of whom were appointed by the Legislature, their respective term of office

being seven years, " if so long they behave ,cell." All Probate business was at that time transacted by Common Pleas Courts. one or more of the Associate Judges officiating for that purpose. as occasion required, during vacation.

Summit County on its organization became a part of the Third Judicial Circuit, embracing, as reconstructed under the act of April 11, 1840, the counties of Ashtabula, Trumbull, Portage and Summit. Hon. Van R. Humphrey, of Hudson. was the Presiding Judge of the Circuit on the accession of Summit thereto. Hon. Eben Newton. of Canfield, then in Trumbull County, now Mahoning, succeeded Judge Humphrey at the expiration of his term in 1844. Judge Newton resigned his position on the bench in the winter of 1846-47, and was succeeded by Hon. Benjamin F. Wade, of Jefferson. Ashtabula County, who in turn resigned on being elected to the United States Senate March 15. 1851, Gov. Reuben Wood filling the vacancy by the appointment of Hon. George Bliss. of Akron. who held the position only until the taking effect of the new constitution in February. 1832, Common Pleas Judges thereafter being elected by the people. one Judge only sitting in place of the three or four under the old rule.

The first term of the Court of Common Pleas for the new county of Summit, convened in Akron on the 2d day of July. 1840, presided over by Hon. Van R. Humphrey, with Hon. Robert K. Dubois, of Akron, Hon. Charles Sumner. of Middlebury. and Hon. Hugh R. Caldwell, of Franklin. as Associate Judges ; , though considerable probate and other business, proper to be transacted in vacation, had previously been done by one or the other of the Associate Judges.

In 1845, Judges Sumner and Dubois deceased, the former June 19 and the latter October 14. They were succeeded by Hon. John B. Clark, of Hudson. and Hon. James R. Ford, of Akron ; Hon. Sylvester H. Thompson, of Hudson, in turn succeeding Judge Clark, on the resignation of the latter in 1846.

Judge Caldwell was succeeded by Hon. John Hoy, of Franklin, in April, 184 7. Hon. Samuel A. Wheeler, of Akron, also succeeding Judge Ford on the death of the latter gentleman. at the April term in 1849.

Judge Wheeler resigning his position on leaving for California in the spring of 1850, Hon. Peter Voris, of Bath, was appointed his successor ; Judges Thompson, by and Voris serving thenceforth until the taking effect of the new constitution in February. 1852. Though none of the Associate Judges named were bred lawyers, their duties, often delicate and intricate, were discharged to the general satisfaction of the people of the county (luring their respective terms of service.

On the taking effect of the new constitution. in 1852, Summit County was attached to the Second Subdivision of the Fourth Judicial District of the State. this subdivision embracing Summit, Medina and Lorain Counties. Hon. Samuel Humphreville, of Medina, was elected Common Pleas Judge. in October. 1851, for five years, serving his full term. Hon. James S. Carpenter, of Akron, was elected Judge in October. 1856, also serving his full term of live years.

There appearing to be an excess of business upon the dockets of the several counties of the subdistrict, on petition of the members of the bar of said counties, an extra judgeship was created for said subdistrict, by an act passed by the Legislature in April. 1858. Hon. William H. Canfield, of Medina, was elected to said extra Judgeship in October, 1858, for five years. Legal business becoming largely diminished, in the earlier years of the war, the extra judgeship was abolished, at the close of Judge Canfield's term, by an act of the Legislature, passed April 16, 1862. Hon. Stephenson Burke, of Elyria, was elected as Judge Carpenter's successor in October, 1861, and re-elected in 1866, but resigned the position and retired from the bench, about two years before the expiration of his second term. Hon. Washington W. Boynton, of Elyria, was appointed by Gov. Rutherford B. Hayes, in the spring of 1869, to fill the vacancy occasioned by the resignation of Judge Burke, and at the expiration of the time for which he was appointed, in October, 1871, was elected for five years, from May, 1872, serving, besides the fraction of Judge Burke's term, a single full term only, because

HISTORY OF SUMMIT COUNTY - 237

of his election to the Supreme Bench of Ohio, in October, 1876.

After the close of the war, legal business again began to accumulate. and, at length, became altogether too great for a single Judge to properly perform. An extra judgeship, for the Second Subdivision, was accordingly created by act of the Legislature, in the spring of 1870. Hon. Samuel W. McClure, of Akron. was elected to this new Judgeship, in October. 1870, serving to the end of his term, and declining to be a candidate for a second term. Hon. Newell D. Tibbals, of Akron. as Judge McClure's successor, was elected in October, 1875, for five years, from May. 1876, and re-elected for a second term in October, 1880. Hon. John C. Hale, of Elyria. as Judge Boynton's successor, on the latter's accession to the Supreme Bench, was elected in October, 1876. taking his seat upon the bench in May, 1877, for the term of five years.

It is. perhaps, proper to remark that, while the present judicial system of Ohio has been, ^generally, and particularly, a very great improvement over the old system, though still very far from perfect, the manner in which its functions have been performed by the several successive Judges of the Second Subdivision of the Fourth Judicial District, will take and hold a commanding rank in the judicial proceedings of Ohio. or any sister State.

As heretofore mentioned, up to the adoption of the new constitution. in 1851, the probate business of the State had been done by the Common Pleas Courts. Charles G. Ladd, of Akron, was elected Probate Judge of Summit County, in October 1851. for the term of three years. Judge Ladd's health failing soon after his election to the office. Alvin C. Voris, Esq., was appointed as his Deputy Clerk, and, for the most part. performed the functions of the office until the death of Judge Ladd, in August, 1852. Roland O. Hammond. of Akron, was appointed by Gov. Reuben Wood. to fill the vacancy occasioned by the death of Judge Ladd. to serve until the next annual election, and until his successor was elected and qualified. Constant Bryan, of Akron, was elected in October, 1852, for the balance of Judge Ladd's term, two years. Noah M. Humphrey, of Richfield, was elected in 1854, and re-elected in 1857. holding the position two full terms, of three years each. William M. Dodge of Akron, was elected in October, 1860, for three years, but died in July. 1861. Samuel A. Lane. of Akron, without solicitation on the part of either himself or his friends, was, on the 24th day of July, 1861, appointed and commissioned as Judge Dodge's successor, by Gov. William Dennison, but declined to accept the honor Asahel H. Lewis, of Akron, on petition of himself and friends, was then appointed to fill the vacancy until the next general election. Stephen H. Pitkin, of Hudson, was elected in October, 1861, for the balance of Judge Dodge's term, two years ; re-elected in 1863, and again in 1866, holding the office eight years. Ulysses L. Marvin, of Akron, elected in October, 1869, and re-elected in 1872, serving two full terms of three years each. Samuel C. Williamson, of Akron, elected in October, 1875, and re-elected in 1878.

On the first organization of the Court of Common Pleas. under the old constitution. in 1840. at a special term, held April 9, Rufus P. Spalding, Esq., was appointed Clerk pro tem., and was reappointed at the first regular session of said court, July 2, 1840 ; Clerks at that time being appointed by the Judges of the courts in which they were to serve, instead of being elected by the people, as now. Mr. Spalding held the office. his brother-in-law, Mr. Lucian Swift. acting as his. deputy, until December 14. 1840, when, tendering his resignation as Clerk pro tem., Mr. Swift was appointed Clerk for the term of seven years, resigning his office ten days before the expiration of his term, on the 3d day of December, 1847. Lucius S. Peck, of Akron, appointed to fill the vacancy occasioned by the resignation of Mr. Swift. December 3, 1847, and also for the full term of seven years. The adoption of the new constitution in 1851 brought Mr. Peck's term of office to a close after a service of about four years. Nelson B. Stone, of Akron, was elected first Clerk under the new Constitution, in October, 1851. for three years, serving one term only. Edwin P. Green. of Akron. elected in October, 1854. and re-elected in 1857, serving two full terms. John A. Means, of Northfield, was elected in October, 1860, for three years. In 1861, Clerk Means entered the army, the duties of the office being performed by his son, Mr. Nathan A. Means, during the remainder of the term. Charles Rinehart, of Franklin, elected in October, 1863, and re-elected in 1866, serving two full terms of three years each. Capt. John A. Means was again

238 - HISTORY OF SUMMIT COUNTY.

elected in October, 1864, serving a single term only. George W. Weeks, of Copley, was elected in October, 1872, and re-elected in 1875, serving two full terms. Sumner Nash, of Akron, elected in October, 1878, for three years from February, 1879.

William M. Dodge, of Akron, was elected Prosecuting Attorney at the first election for county officers held in the new county, in April, 1840, and re-elected in October of the same year for two years. George Kirkum, of Akron, was elected in October, 1842, serving a single term of two years only. William S. C. Otis, of Akron, was elected in October, 1844, also serving but one term. Samuel W. McClure, of Cuyahoga Falls, was elected in October, 1846, serving but a single term. William H. Upson, of Akron, was elected in October, 1848, holding the position but two years. Harvey Wheedon, of Hudson, was elected in October. 1850, also retiring at the. end of two years. Sidney Edgerton, of Akron, was elected in October, 1852, and re-elected in 1854, holding the office four years. Henry McKinney, of Cuyahoga Falls, was elected in October. 1856, and re-elected in 1858. N. D. Tibbals. of Akron, was elected in October, 1860, and re-elected in 1862. Mr. Tibbals going into the 100-days service in 1864. E. P. Green was appointed, and served as Prosecuting Attorney ad interim. Edward Oviatt. of Akron, was elected in October, 1864. and re-elected in 1866. Jacob A. Kohler, of Akron, was elected in October, 1868. and re-elected in 1870. Henry C. Sanford, of Akron, was elected in October. 1872, retaining the office but a single term. James M. Poulson, of Akron. was elected in October, 1874, holding the position but a single term. Edward W. Stuart, of Akron. was elected in October, 1876, and re-elected in 1878. serving two full terms. Charles Baird, of Akron, was elected in October, 1880.

Thomas Wilson, of Northfield. was elected Sheriff in April, 1840. to serve until the next annual election ; was re-elected in October, 1840, and again in 1842, serving, in all, four years and seven months, notwithstanding the constitutional provision that no Sheriff shall serve more than four years, in any consecutive six years—a provision for which no reason can be assigned that would not equally apply to any other county or State official. Lewis M. Janes. of Boston, elected in October. 1844 ; re-elected in 1846. William L. Clarke, of Middlebury, elected in October, 1848 ; re-elected in 1850. Dudley Seward, of Tallmadge, elected in October, 1852 ; re-elected in 1854. Samuel A. Lane, of Akron, elected in October, 1856, and re-elected in 1858. During his first term, the law was changed so as to give Sheriffs elect possession of their offices on the first Monday of January instead of the first Monday of November, after their election, so that the constitution was again " fractured " by this incumbent holding the office four years and two months, though supposed to have been mended by his filing a new bond for the extra two months. Jacob Chisnell. of Green, elected in October, 1860 ; re-elected in 1862. James Burlison. of Middlebury. elected in October, 1864 ; re-elected in 1866. Augustus Curtiss, of Portage, elected in October, 1868, and re-elected in 1870. Levi J. McMurray, of Franklin. elected in October. 1872 ; and re-elected in 1874. Samuel A. Lane. after an interregnum of sixteen years. then sixty-one years of age. was again elected Sheriff in October. 1876, and re-elected in 1878, holding the position, in all, eight years. a distinction accorded to no other incumbent of the office in the history of the county. William McKinney. of Twinsburg, elected in October. 1880.

Birdsey Booth. of Cuyahoga Falls, was elected County Auditor in April. 1840. to serve until the next annual election. and re-elected in October. 1840. for the term of two years. Theron A. Noble, of Middlebury, elected in October. 1842 ; re-elected in 1844 and again in 1846. serving in all six years. Nathaniel W. Goodhue, of Middlebury, elected in October, 1848 ; re-elected in 1850. Henry Newberry, of Cuyahoga Falls, elected in October. 1852, serving but a single term. Charles B. Bernard, of Akron. elected in October, 1854 ; re-elected in 1836. George W. Crouse. of Akron. elected in October. 1858. and re-elected in 1860. Treasurer, Sullivan S. Wilson, having resigned his office, the County Commissioners appointed Mr. Crouse to fill the vacancy. to serve from the 16th of February, 1863, till the first Monday of the following September. Mr. Crouse resigning his position as Auditor on his accession to the treasurership. Sanford M. Burnham. of Akron, elected in October, 1862. Two weeks before the time fixed by law for taking possession. Mr. Burnham was appointed by the County Commis-

HISTORY OF SUMMIT COUNTY - 239

sioners to fill the vacancy occasioned by the resignation of Auditor Crouse to take the treasurership. Mr. Burnham was successively re-elected in 1864, 1866 and 1868. By act of the Legislature, passed April 18, 1870, the time for taking possession of the office was changed from the first of March to the second Monday of November, the then incumbents holding over until that time. Before the expiration of his term, as thus extended, Mr. Burnham was chosen to represent the people of Summit County in the State Legislature, and resigned his position as Auditor October 9, 1871, having served in all nearly eight years and eight months. Hosea Paul, of Cuyahoga Falls, was appointed by the Commissioners to fill the vacancy occasioned by the resignation of Auditor Burnham, from October 9 until the second Tuesday in November, 1871 ; Mr. Burnham, however, continuing to perform the duties of the office as Mr. Paul's clerk, until the close of the term. Edward Buckingham. of Middlebury, was elected in October. 1871, and successively re-elected in 1873. 1875 and 1877, the last time for three years, an act changing

the term of service from two to three years. having been passed March 28, 1877, being in continuous service nine years ; Aaron Wagoner. of Akron, elected in October. 1880.

William O'Brien, of Hudson, was elected County Treasurer, April. 1840, to serve until the next annual election. and re-elected for two years in October, 1840, dying before the expiration of his term. in February. 1842 ; George Y. Wallace, of Northfield, was appointed by the County Commissioners, February 15, 1842, to fill the vacancy occasioned by the death of Treasurer O'Brien ; Milton Arthur, of Northfield, elected in October, 1842. re-elected in 1844, and again in 1846 : William H. Dewey, of Akron, elected in October. 1848, holding the office for one term only ; Frederick Wadsworth, of Akron, elected in October. 1830. also serving but a single term ; Chester W. Rice, of Cuyahoga Falls, elected in October, 1852. one term only ; Houston Sisler. of Franklin, elected in October, 1834. and re-elected in 1856 ; Sullivan S. Wilson. of Northampton, elected in October, 1858, and re-elected in 1860, resigning his office in February, 1863 ; Treasurers under the law, not taking possession of their offices until the first Monday in September (nearly a year) after their election ; George W. Crouse, of Akron, appointed by the Commissioners to fill the vacancy occasioned by the resignation of Treasurer Wilson, to serve from February 16, 1863, till the first Monday of the following September, a little over seven months; Israel E. Carter, of Akron, elected in October, 1862, and re-elected in 1864 ; Arthur L. Conger, of Boston, elected in October, 1866, and re-elected in 1868 ; Schuyler R. Oviatt, of Richfield, elected in October, 1870, and re-elected in 1872 ; David R. Paige, of Akron, elected in October, 1874, and re-elected in 1876 ; Henry C. Viele, of Akron, elected in October, 1878, and re-elected in 1880.

[NOTE.—Under the present State Constitution, County Treasurers, like Sheriffs, are prohibited from serving more than four years in any consecutive six years, a provision for which it is difficult to find a good and valid reason.]

Alexander Johnston, of Green, was elected County Recorder in April, 1840, and again for a full term of three years in October, of the same year ; Nahum Fay, of Akron. was elected in October, 1843, and re-elected in 1846; Jared Jennings, of New Portage, was elected in October. 1849, serving one term only ; Henry Purdy. of Springfield, was elected in October. 1832. and re-elected in 1853 ; Philip P. Bock, of Akron, elected in October, 1858, and re-elected in 1861 ; James A. Lantz, of Akron, elected in October, 1864, and re-elected in 1867 ; Grenville Thorp, of Bath, elected in October. 1870, and died before the expiration of his first term in February, 1872 ; Henry C. Viele. of Akron. appointed by the County Commissioners to fill the vacancy occasioned by the death of Recorder Thorp, to serve until the next annual election ; George H. Payne, of Akron. elected in October, 1872, and re-elected in 1873 ; Albert A. Bartlett, of Akron, elected in October. 1878.

Russell H. Ashman, of Tallmadge. was elected County Surveyor. in April, 1840, and again elected for a full term of three years, the following October : Peter Voris, of Bath, elected in October, 1843. serving one term only ; Frederick Seward. of Tallmadge, elected in October, 1846, also holding the office but one term ; Dwight Newton. of Akron. elected in October, 18 49, for one term only ; Schuyler R. Oviatt, of Richfield, elected in October. 1852, for a single term only ; Hosea Paul, of Cuyahoga Falls, elected in October, 1853, and re-elected successively in

240 - HISTORY OF SUMMIT COUNTY.

1858, 1861, 1864 and 1867, dying in June, 1870, after continuously holding the office for nearly fifteen years ; Robert S. Paul, of Akron, appointed by the Commissioners to fill the vacancy occasioned by the death of his father, Hosea Paul, in June, 1870, and elected to the office in October of the same year ; Jacob Mishler, of Springfield, elected in October, 1873, after qualifying, resigned without entering upon the duties of the office ; Robert S. Paul. appointed by the Commissioners, February 3, 1874, to fill the vacancy, until the next annual election ; John W. Seward, of Tallmadge, elected in October, 1874, serving a single term of three years only ; Robert S. Paul, of Akron. elected in October. 1877, and re-elected in 1880.

Elisha Hinsdale, of Norton. was elected County Coroner in April, 1840. and again in the following October for a full term of two years, and re-elected in 1842 ; Ithiel Mills. of Akron. elected in October 1844. and re-elected in 1846 ; Joseph T. Holloway, of Cuyahoga Falls. elected in October, 1848. holding a single term only ; John Nash. of Middlebury. elected in October. 1850. re-elected in 1852. died September 7. 1853 ; Oliver E. Gross of Stow, elected in October 1853. serving a single term only; William L. Clarke. of Akron. elected in October, 1855, serving but one term ; Noah Ingersoll, of Coventry. elected in October. 1857. and re-elected in 1859 ; Joseph T. Holloway. of Cuyahoga Falls. elected in October. 1861. holding as before. but a single term ; Porter G. Somers. of Cuyahoga Falls, elected in October, 1863, re-elected in 1865, and by reason of a lapse in the election of that officer, in 1867. holding over until the election of his successor in 1868 ; Oliver E. Gross. of Stow. elected in October. 1868, and re-elected in 1870 ; Almon Brown, of Middlebury. elected in October. 1872. and successively re-elected in 1874, 1876. 1878 and 1880.

The following gentlemen have served as County Commissioners—Augustus E. Foote, of Twinsburg, from April, 1840, to December, 1843 ; Jonathan Starr, of Copley. from April,' 1840, to December, 1844 ; John Hoy. of Franklin, from April, 1840, to December, 1845 ; Mills Thompson, of Hudson. from December, 1843. to December, 1849 ; James W. Weld, of Richfield, from December, 1844, to December, 1853 ; Henry G. Weaver, of Springfield. from December., 1845, to December, 1851 ; Edwin Wetmore, of Stow, from December, 1849, to December. 1858 ; Hiram Weston, of Middlebury, from December, 1851, to December, 1854 ; James A. Metlin. of Norton, from December, 1853; to December. 1856 ; Ambrose W. Bliss, of Northfield, from December. 1854, to December, 1860 John S. Gilcrest, of Springfield, from December. 1856, to December, 1862 ; John McFarlin, of Bath. from December, 1858. to December. 1861 ; Nelson Upson, of Twinsburg, from December. 1860. to March. 1866. when he resigned ; George Buel. of Akron. from December, 1861, to May. 1864, when he resigned ; David E. Hill. of Middlebury. from December. 1862. to December. 1868 ; George D. Bates. of Akron. appointed to fill the vacancy occasioned by the resignation of Mr. Buel. from May. 1864. to December. 1864: Sidney P. Conger. of Boston. appointed to fill the vacancy occasioned by the resignation of Nelson Upson. from May. 1866, to December. 1866 ; John McFarlin. of Bath. from December. 1864. to December. 186 7 ; John C. Johnston. of Northampton. from December. 1866. to December. 1872 ; George Sackett. of Cuyahoga Falls. from December. 1867. to December. 1870 : Orson M. Oviatt. of Richfield. from December. 1868. to December. 1874 ; John Hill, of Norton. from December. 1870. to December. 1879 ; George W. Crouse. of Akron, from December. 1872. to December. 1875: Giles L'Hommedieu, of Cuyahoga Falls. from December. 1874. to December, 187 7 ; William Sister, of Akron. elected in October. 1875. re-elected in October, 1878 ; Moses D. Call, of Stow, elected in October, 1877, and re-elected in October. 1880 ; Hiram Hart. of Richfield. elected in October. 1879.

Summit County has been represented in the State Legislature by the following gentlemen : Rufus P. Spalding and Ephraim B. Hubbard, in office at time of erection of Summit County, winter of 1839–40 ; Henry G. Weaver, of Springfield, elected October. 1840. term, one year ; Rufus P. Spalding and Simon Perkins, of Akron, elect' in October, 1841, for one year ; Amos Seward. of Tallmadge, elected in October, 1842. for one year ; John H. McMillen, of Middlebury. and Augustus E. Foote, of Twinsburg, elected in October, 1843, for one year ; George Kirkum, of Akron, elected in October. 1844. for one year ; Hiram Bowen, of Akron, elected in October. 1845. for one year ; Alex-

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ander Johnston, of Green, elected in October, 1846, for one year ; Peter Voris, of Bath, and Amos Seward of Tallmadge, elected in October, 1847, for one year, Mr. Seward being elected as a " float," jointly by Summit and Portage Counties ; Samuel W. McClure, of Cuyahoga Falls, elected in October, 1848, for one year ; Harvey B. Spelman, of Akron, elected in October, 1849, for one year ; Nathaniel Finch, of Akron, elected in October, 1850, for one year. The new Constitution of Ohio, adopted in 1851, made the term of office for Representative two years instead of one year, as under the old Constitution. Noah M. Humphrey, of Richfield, elected in October, 1851, for two years ; Porter G. Somers, of Cuyahoga Falls, elected in October, 1853, for two years ; Mendall Jewett, of Mogadore, elected in October, 1855, for two years ; Ira P. Sperry, of Tallmadge, elected in October, 1857, for two years ; Sylvester H. Thompson, of Hudson, and Alvin C. Voris, of Akron, elected in 1859, for two years ; John Johnston of Middlebury, elected in October, 1861, and re-elected in 1863, four years ; John Encell, of Copley, elected in October, 1865, for two years ; William Sister. of Franklin, elected in October, 1867, for two years ; Alfred Wolcott, of Boston. elected in October. 1869, for two years ; Sanford M. Burnham, of Akron. elected iii October. 1871. for two years : Hiram H. Mack, of Bath. elected in October, 1873, for two years ; Orrin P. Nichols, of Twinsburg. elected in October, 1875. but died before the expiration of his term, in 1877 : Hiram H. Mack, of Bath, again elected in October, 1877, for two years ; John Hill, of Norton. and Leonidas S. Ebright, of Akron, elected in October, 1879, for two years.

The allowing have been State Senators from Summit and Portage Counties : Simon Perkins. Jr., in office at time of erection of Summit County. in the winter of 1839—40 ; Elisha N. Sill, of Cuyahoga Falls, elected in October, 1840, for two years ; John E. Jackson, of Portage County. elected in October, 1842, for two years ; William Wetmore, of Stow, elected in October, 1844, for two years ; Asahel H. Lewis, of Portage County, elected in October. 1846, for two years ; Lucian Swift, of Akron, elected in October, 1848, for two years ; Darius Lyman, of Portage County, elected in October. 1850, for two years, but cut off at the end of one year by new constitution ; Ransom A. Gillette, of Portage County, elected in October, 1851, fortwo years ; William H. Upson, of Akron, elected in October, 1853, for two years ; Oliver P. Brown, of Portage County, elected in October, 1855, for two years ; George P. Ashmun, of Hudson, elected in October, 1857, for two years ; James A. Garfield, of Portage County, elected in October, 1859, for two years ; Lucius V. Bierce, of Akron, elected in October, 1861, for two years ; Luther Day, of Portage County, elected in October, 1863, but, being placed in nomination as a Judge of the Supreme Court, in 1864, resigned his position as State Senator ; Alphonso Hart, of Portage County, elected in October, 1864, for one year, to fill vacancy caused by resignation of Senator Day ; Newell D. Tibbals, of Akron, elected in October, 1865, for two years ; Philo B. Conant, of Portage County, elected in October, 1867, for two years, but resigned after serving one year ; William Stedman, of Portage County, elected in October, 1868, for one year, to fill vacancy ; Henry McKinney, of Akron, elected in October, 1869, for two years ; Alphonso Hart, of Portage County, elected in October, 1871, for two years ; Nathaniel W. Goodhue, of Akron, elected in October, 1873, for two years ; Marvin Kent, of Portage County, elected in October; 1875, for two years ; David Duncan Beebe, of Hudson, elected in October, 1877, and re-elected in October, 1879—the first successive re-election of an incumbent of that office in the district.

Following the county officers and Representatives, it is not inappropriate to mention the names of those who have been called to represent our county in still higher stations of the public service. Of these higher dignitaries, we will notice, first, our Representatives in Congress.

Summit County has been represented in the Lower House of the National Legislature. in common with other counties associated with her in Congressional Districts, as follows : In 1840, Fifteenth District, composed of Cuyahoga, Portage, Summit, Medina and Lorain—Hon. Sherlock J. Andrews, of Cuyahoga, Whig, one term. In 1842—44, Nineteenth District, composed of Trumbull, part of Mahoning, Portage and Summit—Hon. Daniel R. Tilden, of Portage. Whig, two terms. In 1846—48, Nineteenth District, same counties as above—Hon. John Crow ell, of Trumbull, Whig, two terms. In 1850, Nineteenth District, same as above—Hon. Eben Newton, of Mahoning, Whig, one term. In

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1852, Eighteenth District, composed of Portage, Summit and Stark—Hon. George Bliss. of Summit, Democrat, one term. In 1854-56, Eighteenth District, same as above—Hon. Benjamin F. Leiter, of Stark, Republican, two terms. In 1858-60, Eighteenth District, same as above—Hon. Sidney Edgerton, of Summit. Republican, two terms. In 1862-64-66. Eighteenth District. composed of Lake, Cuyahoga and Summit-Hon. Rufus P. Spalding, of Cuyahoga, Republican, three terms. In 1868-70. Eighteenth District, same as above—Hon. William H. Upson. of Summit, Republican, two terms. In 1872-74-76-78. Eighteenth District. composed of Lorain. Medina. Wayne and Summit—Hon. James Monroe. of Lorain. Republican, four terms. In 1880. Eighteenth District, same as above—Hon. Addison S. McClure, of Wayne. Republican.

Since the organization. in April. 1840, Summit County has been associated. Congressionally, in various combinations. with Cuyahoga. Lake. Portage. Trumbull. part of Mahoning. Stark. Wayne. Medina and Lorain Counties. and in Districts Fifteen. Eighteen and Nineteen. In each of the twelve Presidential elections which have been held. the district to which Summit County was for the time being, attached. was represented in the Electoral College by the following-named gentlemen. the political party by which they were elected. and the candidates for President and Vice President for whom they severally voted, also being designated : In 1840. Fifteenth District. composed of Cuyahoga, Portage. Summit. Medina and Lorain. Hon. David King. of Medina. Whig—voted for William Henry Harrison, of Ohio. for President, and John Tyler. of Virginia. for Vice President. In 1844. Nineteenth District. composed of Trumbull. part of Mahoning. Portage and Summit Counties. Hon. Jacob H. Baldwin. of Trumbull, Whig—voted for Henry Clay, of Kentucky, for President, and Theodore Frelinghuysen, of New York, for Vice President. In 1848, Nineteenth District, same counties as above, Hon. John Caldwell, of Trumbull. Demo at —voted for Lewis Cass, of Michigan, for President, and William O. Butler, of Kentucky, for Vice President. In 1852, Eighteenth District composed of Portage, Summit and Stark Counties, Hon. Samuel D. Harris, of Portage, Democrat—voted for Franklin Pierce. of New Hampshire. for President, and William R. King, of Alabama, for Vice President. In 1856, Eighteenth District, same as above, Hon. John S. Herrick, of Portage, Republican—voted for John C. Fremont, of California, for President, and William L. Dayton. of New Jersey. for Vice President. In 1860, Eighteenth District, same as above, Hon. William K. Upham. of Stark, Republican—voted for Abraham Lincoln. of Illinois. for President, and Hannibal Hamlin. of Maine. for Vice President. In 1864. Eighteenth District, composed of Cuyahoga, Lake and Summit Counties. Hon. Seth Marshall. of Lake. Republican—voted for Abraham Lincoln. of Illinois. for President. and Andrew Johnson. of Tennessee, for Vice President. In 1868. Eighteenth District. same as above. Hon. Stephen H. Pitkin. of Summit, Republican—voted for Ulysses S. Grant. of Illinois. for President. and Schuyler Colfax. of Indiana. for Vice President. In 1872. Eighteenth District. composed of Summit. Wayne. Medina and Lorain Counties. Hon. .John R. Buehtel. of Summit. Republican—voted for Ulysses S. Grant for President. and Henry Wilson. of Massachusetts. for Vice President. In 1376. Eighteenth District, same as above. Hon. Samuel G. Barnard. of Medina. Republican—voted for Rutherford B. Hayes. of Ohio. for President. and William A. Wheeler. of New York. for Vice President. In 1880. Eighteenth District. same as above, Hon. Nathaniel W. Goodhue. of Summit. Republican—voted for James A. Garfield. of Ohio. for President. and Chester A. Arthur, of New York. for Vice President.

William S. C. Otis. Esq.. of Akron. was Summit County's representative to the State Constitutional Convention of 1850. The convention met on the 6th day of May. 1850, in Columbus. July 9, adjourned to meet in Cincinnati on the first Monday in December. The convention completed its labors and adjourned sine die March 10, 1851. The constitution was adopted for twenty years at a special election held on the 21st day of June. 1851. the vote of Summit County standing 2,025 " for " and 2,013 " against." being a majority of twelve only in its favor. Gen. Alvin C. Voris, of Akron, was the Summit County member of the Ohio Constitutional Convention of 1873. The convention met in the House of Representatives, in Columbus, May 13, 1873. On the 8th day of August, the convention adjourned to meet in Cincinnati on the 2c1 day of December. On concluding its

HISTORY OF SUMMIT COUNTY. - 243

business, the convention adjourned on the 3d day of February, 1874. The new constitution, as presented by the convention, though regarded by many of the most intelligent people of the State as a great improvement upon the constitution of 1850, was rejected by the people of Ohio at a special election held August 18, 1874, the vote of Summit County standing 2,112 for " and 2,774 " against." being a negative majority of 662.

In this chapter, devoted as it is to matters pertaining to the county at large, we should not omit an extended mention of the Summit County Infirmary. Up to 1849, the poor of the county had been provided for in the temporary quarters leased for the purpose. but altogether inadequate for the proper accommodation and care of that unfortunate portion of our population. On the 12th day of January. 1849. the County Commissioners. Messrs. Mills Thompson. of Hudson, James W. Weld, of Richfield, and Henry G. Weaver, of Springfield. purchased the McCune farm. one mile west of the corporate limits of Akron. consisting of 147 49/100 acres of land. for the sum of $3,953.33. payments to be made as follows : $400 April 1. 1849; $800 February 1. 1850: $1.000 February 1. 1850; $1,000 February 1. 1852: $753.33 February 1. 1853 ; interest at the rate of G per cent to be paid annually.

On the 21st day of January. 1849. the County Commissioners contracted with Mr. Leander Starr. of Hudson, for the erection of the necessary buildings for the accommodation of the poor of the county for the sum of $1,958. the work to be completed by the 1st day of July of the same year. the dwelling-house already upon the premises being devoted to the use of the Superintendent of the Infirmary and his assistants. Mr. Starr's job was finished on time. and formally accepted July 1". 1849. with an allowance. in addition to the contract price. of 88 for extra labor.

On the 11th day of July, 1S49. the Commissioners appointed Messrs. Roswell Kent. of Middlebury, Avery Spicer. of Coventry. and Lucius V. Bierce. of Akron. as the first regularly constituted Board of Directors for the management of the farm and the care of the poor of the county. to hold their offices until the next ensuing October election. The board organized by electing Roswell Kent. President. and L. V. Bierce. Clerk. and by the appointment of Abraham Sichley as Superintendent. Under the fostering care of these four gentlemen, aided by the County Commissioners, the foundation was laid firm and broad for the systematic and liberal care of our poor, which, steadily growing and improving from year to year, has made the Summit County Infirmary one of the very best local charitable instituton in the State.

The buildings originally provided, as above stated, with sundry additions which had been made from time to time as necessity required, becoming considerably dilapidated and, as our population increased, altogether too straitened for the accommodation of the inmates, the County Commissioners and Infirmary Directors, in 1863. determined on the erection of a more commodious and substantial structure. , To this end, legislative authority was invoked, resulting in the passage, on the 23d day of March. 1864. of

AN ACT TO AUTHORIZE THE COUNTY OF SUMMIT TO BUILD COUNTY INFIRMARY, MAKE CONTRACTS AND INCREASE THE TAX LEVY UPON THE TAXABLE PROPERTY OF SAID COUNTY:

SECTION 1. Be it enacted by the General Assembly of the State of Ohio: That the County Commissioners of Summit County be. and they are hereby, authorized to build a County Infirmary for the use of said county. at a cost not exceeding: $16,000. upon such plan and in such manner as. in their opinion. will be conducive to the best interests of the county. and make all contracts necessary to carry out the provisions of this act.

SEC. 2. To anticipate the receipts which may come into the County Treasury by virtue of the tax levied under the authority of this act, said Commissioners are hereby authorized to temporarily transfer from moneys in the treasury of said county belonging to the railroad fund, not exceeding. $5,000 and may also use, in the construction of said building any unexpended money heretofore levied for building purposes in said county.

SEC. 3. That for the purpose of providing money to defray the expenses of building said infirmary, and to reimburse the money transferred from the railroad fund, so provided in Section 2 of this act. said Commissioners are hereby authorized to increase the tax levy upon the taxable property of aid county one half mill on the dollar in each of the years 1864 and 1865.

SEC. 4. This act shall be in force from and after its passage.

The making of the brick was done upon the infirmary farm—most excellent day for the purpose being found thereon—under the superintendence of Mr. Elijah C. Briggs, of Akron. The farm help. and, so far as practicable, pauper

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labor, was employed in the manufacture of brick, not only for the buildings in question, but to a considerable extent for market, several hundred thousand having been sold in and hauled to the city during the progress of the work, thus bringing the material for the work within comparatively low figures. The stone for the foundations, of a most durable quality, were quarried in the neighborhood, and bought by the perch, delivered upon the ground. The mechanical labor upon the foundation and walls was done by the day, under the superintendence of Mr. George Alison, of Tallmadge, a practical brick-mason.

The woodwork was done on contract by Mr. George Thomas. of Akron, the architect being Col. S. C. Porter, of Cleveland, the entire job being completed under the direct supervision of Infirmary Director, Avery Spicer. and County Commissioner David E. Hill. the latter gentleman being constituted general superintendent of the work by a vote of the board. January 4, 1865. The building, being constructed upon the economical plan indicated. was nominally brought within the provisions of the act authorizing its construction, though, by the application of home labor and material, the actual cost was in reality several thousand dollars more. It is of the following general description and dimensions : The main or central building, two stories high, exclusive of basement and attic, is 26x40 feet in size, fronting end to the north ; two wings on either side. same height as main building. are each 25x32 feet, with a rear wing 30x32 feet. and a still further rear extension 30x36 feet, for the use of insane patients, and connected with the main rear wing by a covered hall, or archway, eight feet in width. The style of architecture is of a mixed order, approximating to Gothic, with brackets and five large dormer windows in the roof to light the capacious garret. The main building is entered from the north by a flight of cut stone steps, surmounted by a handsome porch. The front hall is seven feet in width, with stairs leading to the second story and basement. On the right of the hall, on the ground floor, is the parlor. 15x20 feet, .with bedroom, 10x12 feet, and storeroom, 8x12 feet. On the left of the hall is the sitting-room. 15x20 feet, with bedroom. 12x12 feet, and two closets. each about six feet square. Each side wing has its separate entrance, east and west, withseven foot hall and stairs, similar to the front hall. Each wing (first floor), contains two bedrooms, each 9x12 feet, on the north side of hall, and each a sitting-room, 12x24 feet. for the use of the inmates on the south side of halls. The rear wing has, on the main floor, a diningrooms, 14x16 feet, two bedrooms, 8x9 feet ; pantry, 6x9 feet, and kitchen. 15x18 feet, besides a stairway extending from the basement to garret. In the basement of the entire structure, besides several commodious cellars for the storage of vegetables,. fruits and other supplies, there are two diningrooms, 12x36 feet each, kitchen, including pantry, 16x28 feet, and washroom, 15x18 feet. In the second story. on either side of the hall, in main part. are sick-rooms, each 13x20 feet ; and in rear. extending into rear wing. two wards, each 13x29 feet. back of which are two 7x9 bedrooms. with a 6x9 feet linen closet. hall. stairway. etc. On the second floor of each side wing, there are five 9x12 feet bedrooms, besides halls. stairways. etc. The attic is mainly devoted to storage. drying clothes, etc., though within a few years past. an apartment has been partitioned off and fitted up therein for the use of "tramps " and other transient applicants for food and lodging. In the insane department. at the extreme rear there are six cells, 5x8 feet. substantially built with heavily grated doors. The corridor, on either side. is lighted by three large windows. one opposite each cell. the whole well ventilated. and as well supplied with sanitary conveniences as the insane habits of the inmates will admit of

The new infirmary building was not officially accepted by the County Commissioners until the 5th day of March. 1866. though it was occupied and formally opened on the evening of February 3 by a public supper. under the auspices of the Directors and Superintendent Frank T. Husong. A large number of invited guests—representative men and women—from every portion of the county were present. and all expressed themselves as greatly pleased with the building and its appointments, and the investment which had thus been made by them and their fellowcitizens, in the interest of benevolence and humanity. At the close of the supper. the guests organized by appointing George D. Bates, Esq.. Chairman, when short approbatory speeches were made by Gen. A. C. Voris. William T. Alen, S. A. Lane, Dr. E. W.

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Howard and others. Closing by the unanimous adoption of the following resolution :

Resolved, That the County Commissioners and Directors of the County infirmary together with those who have so faithfully aided them in the undertaking, are entitled to the thanks of the citizens of Summit County, for the able manner in which they have planned and prosecuted to completion, the erection of an infirmary edifice, which is at once an ornament and an honor to the county, and a mark of the exalted humanity and liberality of its people.

Director Spicer and Commissioner Hill, duly appreciating the advantages of having an abundance of pure water in and about the infirmary buildings and grounds, entered into negotiations with Mr. James McAllister for the use of the surplus waters from the large spring in front of his residence on the Medina road. and directly north of the infirmary farm. The Directors proposed to properly inclose and protect the spring by a substantial stone house, with conveniences for using the water both by Mr. McAllister and the public, and to convey the surplus water by iron or leaden pipes across the farm of Mr. McAllister to the infirmary grounds and into the basement of the infirmary building. On visiting Mr. McAllister for the purpose of legally perfecting the arrangement, that gentleman receded from the terms that had been named, and seemingly acceded to, and demanded a bonus of $500 before signing any papers—a larger sum of money than Messrs. Hill and Spicer felt justified in paying for the privilege in question, especially in view of the large outlay that would be required in building the spring-house, and excavating for and laying the pipes for so long a distance, and the project was abandoned. In the meantime Mr. Spicer made a thorough examination of the infirmary farm itself, and on a high knoll some thirty or forty rods southeast of the new building, by digging a few feet only, struck a large spring of pure soft water, not only of sufficient abundance for the wants of the institution, but with sufficient head to carry the water one story higher in the building, while costing far less to fit it up and put in the pipes and fixtures, than the McAllister project would have done.

The Directors have from time to time, as their resources would admit of, besides erecting commodious barns and other outbuildings, beautified the grounds. laying them out into suitable drives and walks, planting with trees, shrubbery, etc., thus rendering them both pleasant to theinmates and attractive to visitors, while the farm, from the largely wild and uncultivated condition in which it was purchased, has become one of the most tidy and productive farms in the county, and very largely profitable in the way of giving employment to that portion of its unfortunate inmates mentally and physically able to perform manual labor, and through its annual products, rendering the institution largely self-sustaining.

As commodious and as ample as the infirmary buildings erected in 1864-65-66 were supposed to be, they were found at the end of ten years inadequate to the necessities of the county. Accordingly, at the instance of the Board of Directors and the County Commissioners, Senator N. W. Goodhue and Representative Hiram H. Mack, secured the passage of a special law authorizing the building of an addition to said infirmary buildings, the bill becoming a law on the 30th day of March, 1875, and reading as follows :

AN ACT AUTHORIZING THE COUNTY COMMISSIONERS OF THE COUNTY OF SUMMIT TO LEVY TAXES FOR BUILDING AN ADDITION TO THE COUNTY INFIRMARY, AND TO BORROW MONEY AND ISSUE BONDS THEREFOR:

SECTION I. Be it enacted by the General Assembly of the State of Ohio: That the County Commissioners of Summit County be. and they hereby are, empowered and authorized to levy a tax of any amount they may deem necessary. not exceeding $10,000. upon the taxable property of said county, for the purpose of constructing and furnishing an addition to the County Infirmary of said county, to be collected by the County Treasurer upon the grand duplicate as other taxes, and to be paid out upon the order of the County Commissioners.

SEC. 2. That for the purpose of anticipating the collection of taxes provided for in the first section of this act, the said County Commissioners be, and they are hereby. authorized to borrow any sum. not exceeding $10,000, at a rate of interest not exceeding eight per cent, and to issue bonds therefor, payable at any time not exceeding two years from the date thereof, and to be sold for not less than their par value.

SEC. 3. This act shall be in force from and after its passage.

In accordance with the provisions of this law, a contract was entered into, on the 27th day of July, 1875, with Messrs. Derhamer, Steese & Co., to erect a building upon the west side, and attached to the west wing transversely, corresponding in general appearance to the central building, for the sum of $7,294.37, with Jacob Snyder, Esq., as architect, at 3 . per cent on the contract price, for his services in fur-

246 - HISTORY OF SUMMIT COUNTY.

nishing the plan and superintending the work. This addition was completed substantially according to contract, in a style and finish corresponding to the original structure, and is of the following dimensions : Entire size, 32x42 feet. First floor divided as follows : Hall, 6x30 feet ; hall for stairs, 7 feet 6 inches by 14 feet 6 inches ; sitting-room, 18x30 ; bedroom. 9 feet 6 inches by 14 feet 6 inches ; bathroom. 6x14 feet 6 inches ; store-room, 7x14 feet 6 inches. Second floor : Hall. 6x30 ; hall for stairs, 7 feet 6 inches by 14 feet 6 inches ; three bedrooms respectively, 9 feet 6 inches by 14 feet 6 inches ; 12 feet 6 inches by 14 feet 6 inches 11x18 feet ; sick-room, 18x19 feet. Attic : Hall for stairs. 7x21 feet ; two sleeping-rooms, 15x22 feet 6 inches, and 18x30 feet. respectively ; wardrobe. 7x22 feet. Basement : Dining-room. 17x30 ; sitting-room. 12 by 13 feet 6 inches ; bedroom. 12x13 feet 6 inches. and hall 6x30 feet. The completion of this fine improvement has enabled the Directors and Superintendent not only to more comfortably arrange and care for the ordinary number of inmates, but to provide for such considerable additions, as, in seasons of unusual severity or distress, may need the benefits of this munificent public charity. In addition, the Directors last year (1880). caused to be erected a separate building for laundry and storage purposes, a few rods east of the rear wing. It is a substantial brick structure, 20x30 feet in size. First floor : Storeroom. 10x16 feet ; washroom, 17 feet 6 inches by 18 feet, with boiler and other improved washing conveniences. Second floor: Drying and laundry room, 18 feet 6 inches by 28 feet 6 inches. The average number of inmates during the year 1880, was eighty-seven, though as usual, a large amount of outside assistance was afforded to the needy during inclement portions of the year.

After the purchase of the infirmary farm, the County Commissioners, as before stated, on the 11th day of July, 1849, appointed Roswell Kent, of Middlebury, Avery Spicer of Coventry, and Lucius V. Bierce, of Akron, as Infirmary Directors, to hold their offices until the next ensuing October election. The board organized by the election of Roswell Kent as President and Lucius V. Bierce as Clerk. From among the several applicants for the situation, Abraham Sichley, of Portage, was appointed Superintendent.

In October, 1849. the people of the county elected Timothy L. Miller, of Cuyahoga Falls. Roswell Kent, of Middlebury. and Gibbons J. Ackley, of Akron, Infirmary Directors for one, two and three years, respectively. Mr. Miller declining to serve, Avery Spicer, of Coventry. was appointed by the County Commissioners to fill the vacancy. President of the Board. Roswell Kent : Clerk. Gibbons J. Ackley ; Abraham Sichley continued as Superintendent.

In October. 1850, Avery Spicer was elected for three years. Organization as before. Mr. Gibbons J. Ackley having died before the expiration of his term of office, Mr. Joseph E. Wesener. of Akron, was. on the 9th day of August, 1851. appointed by the Commissioners to fill the vacancy until the ensuing October election, Mr. Wesener also. by vote of the board. filling Mr. Ackley's position as Clerk of the Board. In October. 1851, Ira Hawkins, of Portage. was elected for three years. and George D. Bates. of Akron. for one year—the balance of the unexpired term of Mr. Ackley. deceased—Messrs. Kent and Wesener retiring. Spicer. President ; Bates. Clerk ; Sichley, Superintendent. In October, 1852. George D. Bates, of Akron. was re-elected for three years. Organization same as before. In October. 1853. George Sherbondy. of Portage. was elected for three years. Mr. Spicer. retiring Hawkins, President ; Bates. Clerk : Sichley. Superintendent. In October, 1854. Ira Hawkins. of Portage. was re-elected. Organization same as before. In March, 1855, Mr. William Chandler. of Akron, by vote of the board. succeeded Mr. Sichley as Superintendent of the Infirmary. In October, 1855. Charles Hanscom. of Akron. was elected for three years, Mr. Bates retiring. Hawkins, President ; Hanscom. Clerk ; Chandler, Superintendent. In October, 1856, David A. Scott, of Akron, was elected for three years, Mr. Sherbondy retiring. Organization as before. In October. 1857, Avery Spicer, of Akron, was elected for three years, Mr. Hawkins retiring. Scott, President ; Hanscom, Clerk ; Chandler, Superintendent. In October, 1858, William Johnston, of Copley, was elected for three years, Mr. Hanscom retiring. Spicer, President ; Scott, Clerk ; Chandler, Superintendent. In October. 1859, Richard B. Walker, of Akron, was elected for three years, Mr. Scott retiring. Spicer, President ; Walker, Clerk ; Chandler, Superintend-

HISTORY OF SUMMIT COUNTY - 247

ent. In October. 1860, Mr. Spicer was re-elected for three years. Organization as before. In January, 1861, Mr. Francis T. Husong. of Copley. succeeded Mr. Chandler as Superintendent of the Infirmary. In October, 1861, Alfred R. Townsend. of Akron, was elected Director for three years. Mr. Johnston retiring. Spicer, President ; Walker. Clerk : Husong. Superintendent. In October. 1362. Mr. Walker was re-elected for three years. Organization as before. In October, 186:3. Mr. Spicer was re-elected for three years. Organization as before. In October. 1864. Mr. Townsend was re-elected for three years. Organization as before. In October. 1865, Mr. Walker was re-elected for three years. Spicer. President ; Townsend. Clerk ; Husong. Superintendent. In October. 1866. Jonathan H. Brewster, of Coventry. was elected for three years. Mr. Spicer retiring. Walker. President ; Townsend. Clerk : Husong, Superintendent. In October. 1867. William M. Cunningham, of Akron, was elected for three years. Mr. Townsend retiring. Walker, President ; Cunningham, Clerk ; Husong, Superintendent. In April. 1868, George W. Glines. of Gate& Mills. Cuyahoga County. by appointment of the Directors. superseded Mr. Husong as Superintendent of the Infirmary. In October. 1868. Francis T. Husong. of Akron. was elected Director for three years. Mr. Walker. retiring. Brewster. President : Cunningham. Clerk : ;lines. Superintendent. In October. 1S69. Mr. Brewster was re-elected for three years. Organization same as before. In October. 1870. Mr. Cunningham was re-elected for three years. Organization same as before. In October, 1871, Webster B. Storer. of Portage. was elected for three years, Mr. Husong retiring. Organization same as before. In October. 1872. Mr. Brewster was re-elected for three years. Storer, President ; Cunningham, Clerk ; Glines. Superintendent. In October, 1873, A. R. Townsend, of Akron, was again elected for three years. Mr. Cunningham retiring. Storer. President ; Townsend, Clerk ; Glines, Superintendent. In October, 1874, Levi S. Herrold, of Akron, was elected for three years, Mr. Storer retiring. Herrold. President ; Townsend. Clerk ; Wines, Superintendent. In October. 1875, Clement J. Kolb, of Akron. was elected for three years, Mr. Brewster retiring. Organization same as before. In October, 1876. Henry Frederick, of Portage, was elected for three years, Mr. Townsend retiring. Herrold, President ; Kolb, Clerk ; Glines, Superintendent. In October, 1877, A. R. Townsend was again elected for three years, Mr. Herrold retiring. Frederick, President ; Kolb, Clerk ; Wines, Superintendent. Mr. Wines, whose health had been failing for several years. dying March 4, 1878, his assistant, Mr. George Feichter, was, on the 1st day of April, 1878, temporarily appointed Superintendent by the Directors, Mrs. Wines still continuing in charge as Matron and General Manager. In October, 1878, Mr. Kolb was re-elected for three years. Organization same as before. March 1. 1879, the resignation of Mr. Feichter, as Superintendent. was accepted, and Mrs. Julia F. Wines was appointed to the position. and it is safe to say that the institution has never been more ably conducted than during the past two years' incumbency of Mrs. Wines. In 1879, by reason of his .removal from the counts. Mr. Townsend resigned his position as Director. and, in October of that year, William Southmayd. of Stow. was elected to fill the vacancy for one year, Mr. Frederick also being re-elected for three years. Frederick. President : Kolb. Clerk : Mrs. Wines. Superintendent. In October. 1880. Mr. Southmayd was re-elected for three years. Southmayd, President ; Frederick. Clerk : Mrs. Wines. Superintendent.

Looking to the future necessities and convenience of the institution, in the latter part of 1879, the County Commissioners contracted with Mr. James McAllister for the purchase of 37 54/100 acres off the southwest corner of his farm, and adjoining the western portion of the Infirmary farm upon the north. The price stipulated to be paid was $112.50 per acre, and on the 9th day of March, 1880, the administrator of Mr. McAllister executed a deed therefor, the total cost of the addition being $4,223.25. Though the cost per acre was more than four-fold the original purchase, it is still regarded as a highly desirable investment. adding to the farm precisely the quality of land, and in the precise locality where an addition was needed, while if the Commissioners should desire to do so they can at any time dispose of ten or twelve acres off from the east end, the site of the original infirmary buildings. at a figure equal to, if not greater than the cost of the new purchase. Thus does " Little Summit," one of the younger

248 - HISTORY OF SUMMIT COUNTY.

as well as one of the smaller counties of the State, occupy an exalted position, not only physically and altitudinally, but for the extent and excellence of the provision which she has made for the support and care of the indigent and unfortunate portion of her population.

At the date of its erection and organization, in 1840, Summit County had a total population of 22,469, distributed as follows : Bath, 1,425 ; Boston, 845 ; Copley, 1,439 ; Coventry, 1,308 ; Franklin, 1,436 ; Green, 1,536 ; Hudson, 1,220 ; Northampton, 963 ; Northfield, 1,031 ; Norton, 1,497 ; Portage (including Akron, then containing 1,664 inhabitants) 2,382 ; Richfield, 1,108 ; Stow (including Cuyahoga Falls), 1.533 ; Springfield (including part of Middlebury), 1,573 ; Tallmadge (including part of Middlebury). 2.134 ; Twinsburg, 1,039. The census of 1880 makes the total population of the county 43,788, a gain in forty years of 21,319, about two-thirds of the increase being in Akron alone.

Though one of the smallest counties in the State, territorially, Summit County is more diversified in its productions, and more nearly independent of the " outside world " than, perhaps, any other county in the State. large or small. The two southern tiers of townships are unsurpassed as grain producers, while equally well adapted to the growing of other field crops, fruits, sheep, swine, cattle horses. etc. The eight northern are particularly adapted to, and noted for, their dairy products, and, besides producing large quantities of the finest butter and cheese in the world, and many fine cattle in excess of home requirements, are nearly, if not quite, fully self-sustaining in the matter of cereals, vegetables, fruits, wool. maple sugar, sirup, etc. The middle townships are a happy combination of all the excellent qualities of the two sections named, being equally adapted to the raising of stock, grain, fruits and general farm products ; and though some portions of the northern townships, bordering upon the river, are somewhat broken, and a few hundred acres in the southern townships are covered by the waters of the lakes and reservoirs which feed the Ohio Canal and supply water for milling and manufacturing purposes, there is, perhaps, as little waste land in Summit County as in the same area of contiguous territory in any other portion of the State.

But, besides these varied and excellent agricultural advantages, Summit County possesses mineral and manufacturing resources superior to those of any other county in Ohio. Nearly the entire area of at least five townships in the county are underlaid with the very best bituminous coal, large quantities of which are mined yearly, not only for home consumption, but for shipment to Cleveland and the upper lakes. The finest building-stone in the State—both coarse and fine grained sandstones—are largely quarried in the middle and northern townships of the county. Inexhaustible deposits of the very best quality of potter's clay, from which millions of gallons of common and fine stoneware are fabricated yearly, underlie the surface of several of the townships of the county, the same localities furnishing the material from which has grown that immense manufacturing interest that is supplying the vitrified sewerpipe, from one to thirty inches in diameter, with which the cities of both the East and the West are being so largely and so rapidly honeycombed, in the shape of drains and sewers, at the present time, to say nothing of the immense quantities now being used by the farmers of the country in underdraining their lands, and in the construction of gutters and sluices upon public highways. The materials for building-brick are not only abundant, but the fire-brick and the roofing-tile manufactured here are fast attaining an extensive sale and a national reputation.

Added to the extensive water-power heretofore alluded to, these accessory aids to manufactures have justly earned for Summit County and her "tip-top " capital city, a reputation for snap and push second to no other county or city in the United States. The enumeration of the varied enterprises that go to make up this reputation and this thrift will be given in detail by other writers, in the separate histories of the city of Akron and the several villages and townships of the county elsewhere in this volume.