
Elkhart County, Indiana
CIVIL GOVERNMENT
History is something other than bare chronicles of legislative
proceedings and official acts; yet, nevertheless, it would be a serious
omission to fail to include in this volume some cursory mention, other
than what has already been given, of various official acts by which the
progress of the county and its civic and material welfare have been
directed to the proper ends, and also the names of the most important
of those men commissioned by their fellow citizens to perform, after
the manner of our representative government, the duties which
necessarily must be delegated by the many to the few. And, too, in thus
recording some of the means by which the representatives of the people
sought to perfect the efficiency of the body politic, we may learn much
concerning the unfolding and development of our county into its present
civic, social and material condition.
An evidence of the strong tendency of the early settlers of this county
for law and order and the institutions of society may be found in the
record of the first county election following the act of county
incorporation. There was but a mere handful of people in this great
district comprising Elkhart county and the territory attached thereto;
none of the restraints of law were needed, and only the inherent desire
of the American people to participate in self-government could have
urged this community toward civil organization. In this election there
were polled in the entire county, including the territory attached, out
of which several counties were later formed, but seventy-five votes.
And it is presumed that the entire legal vote was cast, there being a
number of aspirants to places of honor and profit, whose respective
friends were no doubt active in their behalf.
At this first election in Elkhart county the following men were chosen
to administer the affairs of the county: Thomas Thomas, clerk; Eli
Penwell, sheriff; William Latta and Peter Diddy, associate judges;
J. W. Violette. recorder; and James Mather, John Jackson and Arminius
Penwell, justices of the peace, who constituted the board for the
transaction of county business until they were succeeded by the newly
created board of county commissioners. The first three sessions of the
board of justices were held at the house of Chester Sage, and in the
fall of 1830 the first county court was held there by the associate
judges, Peter Diddy and William Latta. The election for a state
representative, sheriff and coroner, ordered to be held on the first
Monday in August, 1830, was held, in Concord township also at the house
of Mr. Sage, while the voters of Elkhart township cast their ballots at
the school house on Elkhart plain.
One of the interesting provisions of this early board of justices was
the fixing of tax rates. By the record we find that the poll tax was 37
1/2 cents: a like amount was levied on each horse, one half that sum on
each work ox; 25 cents was the rate for a silver watch, one dollar for
a brass clock, one dollar for a four-wheeled carriage, and 75 cents for
a two-wheeled carriage. These direct taxes probably were cheerfully
paid, although occasionally we find recorded the case of a man who had
his tax remitted on the ground that it was unjustly large, being
ordered in November, 1830. that James Compton be acquitted of the
payment of 371/2 cents for one horse wrongfully assessed. In 1830 the
whole amount of revenue collected was $198. and the whole disbursement
was $183.43, leaving a balance in the treasury.
The last meeting of the board of justices was in July. 1831, and in the
following September Edward Downing and George McCollum received their
commissions and on September 5 were sworn in by the clerk and took
their seats as the commissioners of Elkhart county.
For nearly seventy years the board of commissioners continued to
exercise, in each county of the state, the general administrative
powers appertaining to county government. While this board was
generally of the highest individual character, yet. by the nature of
the powers vested therein, it was largely autocratic and irresponsible.
The system of "checks and balances'' has formed one of the inherent
principles of our governmental system, as is seen in the universal
division of powers among several bodies, each acting as a restraint
upon the other. At the close of the last century this fundamental
principle was, by state legislation, applied to the administrative
machinery of each of the several counties in Indiana. The verdict as to
the efficiency and value of the new system has been generally
favorable, as it is likewise commended by reason. While on the subject
of county commissioners, it seems proper at this point to give a very
brief explanation of the new feature which of late years has increased
the length of the county ballot and added another complication to the
problem of self-government.
By an act of the general assembly approved March 3, 1899, there was
created in the several counties of the state a body known as the County
Council. Each county was divided into four councilmanic districts, each
district comprising one or more entire townships; one councilman is
elected from each district and three are chosen in the county at large.
The first election of county councilmen was held at the general
election of November, 1900, the second in 1902, and thereafter the
elections are to be held every four years.
This County Council, in its workings, has original jurisdiction over
the tax levy of the county and over the appropriations for county
purposes. The fixing of county tax rates, where not already fixed by
law, is vested in this council, and the power of appropriating money
from the county treasury is vested exclusively in this body. To the
council are submitted all the budgets or estimates of expenditure by
the county officers in their respective departments and the county
commissioners cannot contract or bind the county beyond the amount
appropriated for each object in question by the council. The
discretionary powers of the commissioners are thus limited, and, while
they have power to purchase all supplies, they can do so only on a
written requisition of the officer or employee for whom or for whose
work the supplies are necessary. This council holds a regular annual
meeting, fixed by law, but may also be called together by order of the
auditor. In the list of county officials will be found the names of
those chosen to the County Council of this county since the act of
legislature went into effect.
It is one of the happy features of American democracy that the workings
of civil government have very few points of contact with the average
citizen, who by casting an intelligent ballot sets the proper machinery
a going and needs have little further concern with constituted
authority. The will of the people works out in a natural and easy
manner, and only occasionally, in such a county as Elkhart, is there
anything approaching a large issue. Because the affairs of local civil
government are thus so largely a matter of course and take on the
complexion of the every-day routine of household or personal life, the
documentary records are on the whole very uninteresting reading and
offer only now and then something of more than ephemeral note and
worthy to be set down in a history of the county. Therefore we shall
close this chapter with some brief and casual items and then with a
summary list of names of officials of Elkhart county.
The November session of the board of commissioners in 1831 was held at
the new county seat of Goshen and in the house of George McCollum, and
in the session of May, 1832, is found the following: " It is ordered
that lot No. i be given to school district No. — for the consideration
of the schoolhouse to hold courts in and other county business and
elections for the term of two years, and said house to be ready for to
hold court in against the next term of circuit court." In March, 1834,
the building of a county jail was ordered to be let at auction to the
lowest bidder, and also the building of a " stray pen," from which it
is evident that population had increased to the point where criminal
humans and roving animals were a source of trouble to society. Another
evidence of the advance of Elkhart county in material improvement was
the item of the record in May, 1834, by which the supervisor was
ordered to work the roads. By September, 1834, twenty highroads had
been ordered opened in the county, at almost every session of the board
some new road being reported as viewed and marked, which shows the zeal
with which the early county fathers applied themselves to the improving
the means of communication, by which civilization is most surely
promoted and secured.
Some mention is necessary concerning the township civil government, in
its historical aspect and the present system. In this regard the
tendency has been away from complexity of officials in number and
duties toward the modern idea of " one man power " with more central
responsibility. The first uniform plan of township administration was
effected by the state legislature in the early forties. In accordance
with this act for rendering the mode of township business of Elkhart
county more uniform, the acting clerk of the county court gave notice
that on the first Monday of April. 1841, each township should elect the
following officers: Three township trustees, one township treasurer,
one township clerk, two overseers of the poor, two fence viewers, a
constable for each justice of the peace in the township. by this
provision each township was burdened with the official weight of at
least a dozen men. and the whole plan was evidently unwieldy.
In February, 1859. an act of the legislature reduced the number of
township trustees to one. and vested in that one the duties hitherto
pertaining to the inspector of elections, overseer of the poor and
fence viewer, with all the powers formerly belonging to the three
trustees. This greatly simplified system has proved in its workings all
that its authors hoped for, and carefulness, efficiency and dispatch
have characterized township administration.
The progress of a county in a great measure depends upon the men who
are elected by the people or appointed by the state to direct its
affairs.
In 1905 the official directory for Elkhart county is as follows:
Congressman for i3th district, A. L. Brick, of South Bend; state
senator, A. R. Beardsley, of Elkhart; representatives, E. A. Dausman
and H. H. Mosier; circuit judge, James S. Dodge; prosecuting attorney,
W. H. Duff; county and circuit clerk, Martin H. Kinney; county
treasurer, E. E. Drake; county auditor, O. H. Sweitzer; county
recorder, O. C. Vernon; sheriff, A. E. Manning; superintendent of
schools, G. W. Ellis: assessor, Charles Bryner; surveyor, John L.
Cooper; coroner, F. N. Dewey; board of commissioners : Charles A.
Davis, Goshen; William Whetten, South district; Joseph Cainan, North
district.
Township Trustees, elected November 8, 1904, to serve four years:
Baugo, Cornelius O. Ehret; Benton, Henry Hire; Concord, O. C.
Puterbaugh; Clinton, Ed Bartholomew: Cleveland, Andrew Zigler; Elkhart,
George S. Cobb; Harrison, Henry Bechtel; Jackson, Charles Rohrer;
Jefferson, W. W. Showalter: Locke, Levi Pippinger; Middlebury, Will H.
Shultz; Olive, John M. Blocher; Osolo, John P. Bickel; Union, Ed
Iffert; Washington, H. W. Kantz; York, Tracy Fisher.
The first county council elected for Elkhart county in November, 1900,
was as follows: Henry Zeisel, Joseph Smith, George Milburn, Daniel
Zook, John Cook, Edward W. Walker and Ira Hapner. The second council,
chosen in November, 1902, were John Zeisel, F. E. Hawks, B. B. Knapp,
who were the three members elected at large; and Oilman Rickert, for
the first district; H. D. Sykes, for the second district: Valentine
Berkey, for the third district, and Ira Hapner, for the fourth.
The former incumbents of the principal county officers are given as
follows:
Judges of the Circuit Court of Elkhart County—Charles H. Test, Gustavus
A. Everts, Samuel C. Sample, E. M. Chamberlain, Robert Lowry, E. A.
McMahon, James L. Worden, Reuben J. Dawson, Moses Kenkinson. Edward R.
Wilson, Hiram S. Tousley, James D. Osborn, William A. Woods, James D.
Osborne, appointed by Governor Gray, and elected for 6 years; John M.
Vanfleet, 6 years; Henry D. Wilson, 6 years; Joseph D. Ferrell, served
till death; Francis D. Merritt, appointed.
County Clerks—1830,
Thomas Thomas: 1844, E. G. Chamberlain; 1851, Owen Coffin; 1854, Asa A.
Norton: 1859, Milo S. Hascall; 1861, Melvin B. Hascall (pro tem.) ;
1861. A. A. Norton, E. J. Wood; 1870, LaPorte Heffner; 1874, Thomas H.
Daily; Otis D. Thompson, November, 1882; Daniel Zook, November, 1886;
Harry S. Chester, 1890, poet and musician; Geo. H. Fister, 1894; Louis
A. Dennert, 1898.
Auditors—1841,
E. W. H. Ellis; 1850, Robert Lowry; 1850, P. M. Henkel; 1859, E. W. H.
Ellis; 1867. A. M. Tucker; 1874-82, C. D. Henkel; 1882, Conrad L.
Landgreaver; 1886, Conrad L. Landgreaver; 1890, George Milburn; 1894,
Edward L. D. Foster; 1898, P. B. Berkey.
Recorders—1830,
John W. Violette; 1836, E. G. Chamberlain; 1843, George Taylor; 1850,
Israel Wyland; 1859, Myron E. Cole; 1863, Benjamin C. Dodge; 1866,
Michael Weybright; 1870, Lewis D. Thomas; 1874, W. H. Miller; 1878,
Josiah Kronk; 1886, David W. Neidig; 1890, John B. Davenport: 1894,
Cassius M. Immell; 1898, William F. Peddycord.
Treasurers—1830,
James Frier (who was removed in 1832 because he was not a naturalized
citizen) ; 1832, Simeon Beck; 1833, J. B. McCord; 1836, John Gilmore;
1837, Elias Carpenter; 1850, Sam Geisinger; 1855, John S. Freeman;
1859, J. W. Irwin; 1862, George Sherwood; 1864, Hiram Morgan; 1867,
William H. Venamon; 1872, Charles J. Greene; 1876, T. F. Garvin;
1878-1884, Geo. W. Rich; 1884, Cyrus Seiler; 1888, Franklin G. Romaine;
1892, E. A. Campbell: 1894, Wm. H. Holdeman; 1898, I. O. Woods.
County Surveyors—1832,
George Crawford; 1835, James R. Mc- Cord; 1859, E. J. Wood; 1861, A. W.
Watters; 1873, George T. Ager; 1876, Marion C. Proctor; 1878, Henry
Cook; 1880-82, Henry Cook; 1884, Henry Cook; 1888, Chas. L. Kinney:
1896. J. D. Lowell; 1900, D. F. Cordrey.
Sheriffs—1830,
Eli Penwell; 1832, James Beck; 1836, J. H. Defrees; 1840, Albert Banta:
1844, Eli Brown; 1848, Peter W. Roler; 1850, D. B. Mather; 1852, C. W.
Seely; 1859, George L. Keblinger: 1860, A. C. Manning; .1862; William
Vesey; 1864, John H. Violette: 1866, E. R. Kerstetter; 1870, J. W.
Egbert; 1874, Samuel B. Miller; 1878, Christopher J. Gillette; 1880.
Chas. E. Thompson: 1882-84. Chas. E. Thompson; 1886, Robert E. Chatten;
1890, Elliott Crull; 1894, H. F.
Kidder: 1898, William O. Elliott.
County Superintendents of Schools.—L. V. Vennen, Dr. Foster, LL.D.,
George I. Ager, Valois Butler, D. M. Moury, Piebe Swart, Samuel F.
Spohn. George Ellis.
County Agents.—1830, Oliver Crane; 1831, R. B. Randall; 1835, Joseph H.
Defrees; 1835, R. B. Randall.
The first assessors were John Frier, in 1830, and Henry Beane, in 1832;
and the first coroner, in 1843, was Jacob S. Raymer.
Source: A Twentieth Century History and Biographical Record of
Elkhart County, Indiana By Anthony Deahl Published by Lewis Publ. Co.,
1905