of $75,000, part of the $78,000 paid to the governor, be inadequate to the full payment of the laborers, and requiring the company within thirty days after the passage of the act, to file with the secretary of State their authenticated resolution of acceptance of the grant on the terms imposed by the Legislature. The balance of the $78,000 being $3,000 was reserved to pay the expenses of the agent appointed to adjust the claims of sub-contractors and laborers. The act further required the governor to appoint an agent who should forthwith investigate and ascertain the amounts honestly and actually due for labor and supplies done and furnished prior to Jan. 20, 1882, on the Air Line road. The Omaha company at once accepted the grant on the terms proposed, paid over to the governor the $78,000 and gave the security the act required. The governor appointed Judge Butt, of Vernon county, agent to adjust the claims, who at once entered upon that duty, and in a few months the claims were all adjusted and paid.

The manner in which the people of the State appreciated the action of Gov. Rusk in the matter is well illustrated in the following extract of a speech delivered by the Hon. John Hinton, of Milwaukee, at a mass meeting held at Bay View on the 21st of February, 1883. He said: "He is an earnest, unflinching friend of the workingman. When several hundred laborers up north here, who had not received pay for months, and were almost starving for the want of food, and demanded that they have their pay or provisions to live on, and when Gov. Rusk was telegraphed to send 200 bayonets to put them down, he telegraphed back: 'I cannot send bayonets-it is bread they want.' He ordered them fed, and more than that, he notified the Legislature that if they did pass that land grant bill, unless they made provision to pay those men the wages they had honestly earned and which was their due, he would not sign the He is the friend of the laboring man, he

act.

has shown it always, and he proved it by his executive power as governor."

This brief sketch of the matter gives but a very faint idea of the real situation of things along the line of the road, and of all that Gov. Rusk had to deal with in bringing about such a happy solution of the trouble.

As executive of the State, Gov. Rusk has felt called on several times to interpose his veto to bills that had passed both houses of the Legislature.

The first bill that he vetoed was one conferring on John Glover and others, their heirs and assigns, the right to erect, maintain and keep a dam across the Totogalicans creek, in the county of Bayfield, Wis. This act authorized them to flood lands, to charge tolls for the passage of logs and lumber through the dam, etc., etc. The act conferred these privileges on Glover, his associates and assigns, for the term of fifteen years.

The governor vetoed the bill on the grounds of expediency alone, and he began his message thus:

"I feel constrained by a sense of public duty to withhold from this bill executive approval. This action upon my part has been reluctantly taken, for the reason that I discover no constitutional objection to the bill in any of its provisions, and I am fully mindful of the delicacy involved in placing my individual judgment in opposition to the judgment of the Legislature, upon grounds going to the expediency of its action. But as my objections to this bill pertains with equal force to a class of measures rapidly increasing in number, and aimed at what, in my judgment, is a growing evil in legislation. I have thought it fairly within the line of executive duty to call the attention of the Legislature to the subject in this connection.

"The constitution of the State provides that coporation without banking powers or privileges may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judg

ment of the Legislature, the objects of the corporation cannot be attained under general laws." The constitution reserves to the Legislature the right to alter, modify and repeal all charters granted by the Legislature or created under general laws, made permanent to the foregoing constitutional provision.

But for years the Legislature had been granting to persons the right to dam the lumbering streams of the State,to charge tolls for the passage of logs and lumber on through the dams, to flood lands, and conferring on those persons corporate powers and franchises for a number of years, without reserving the right to alter, modify or repeal those franchises and corporate powers, and the governor of the State had been signing all such acts, until, as Gov. Rusk said in his veto message, "a large number of the lumbering streams in the State are being given over by this means to the control of individuals." The veto message was quite lengthy, but it completely covered the whole ground, and so convincing was its logic, that it was unanimously sustained, and it effectually stopped the passage of bills conferring corporate powers and franchises on individuals, without any reservation of the constitutional right of the Legislature to alter, modify or repeal.

Another veto which shows with what keenness the governor looks into all actions of the Legislature in the passage of bills, and the closeness with which he scrutinizes that action in the light of the constitution of the State, is the one he sent to the Senate on the 12th of March, 1883, to a bill originating in the Senate, entitled "An act to legalize the action of certain county boards of supervisors, relating to the salaries of certain county officers."

In 1882, there was, and ever since the organization of the State government there had been, a statute authorizing and requiring the board of supervisors of the several counties in the State to fix the salaries of the several county officers; and as the law stood, in 1882, the supervisors were required to fix the salaries for a given

term, one year before the commencement of that term. The counties, or at least some of them in which an election for county officers was to be held in November, 1882, the term of office to commence on the first Monday in January, 1883, fixed the salaries of their respective officers for that term, at the annual meeting in November, 1882, one week after the election was held, in clear violation of the law, and then appealed to the Legislature to legalize their acts. And this thing had been going on to a greater or less extent since the organization of the State government, and it is believed the gov ernors of the State had invariably approved the bills. Gov. Rusk, in his veto of the bill in question, raised several points, but it is unnecessary to notice them here. The following extract from his message will show clearly one point raised, and his manner of dealing with it :

"The bill declares to be legal and valid the action of such of the county boards as voted at their annual meetings in November, 1882, to raise the salaries of certain county officers for the years 1883 and 1884. The language of the bill creates the irresistible inference that a portion of the county boards of the State voted at the annual meetings in November, 1882, to raise the salaries of certain county officers in their respective counties for 1883 and 1884. It also very clearly implies the invalidity of such action, as the necessity for this proposed curative legislation rests solely on such invalidity. The power of the county boards of the State to fix salaries of county officers was, in 1882, and is now, regulated by section 694 of the Revised Statutes, which is as follows:

'(Section 694). The county boards at their annual meeting in November, shall fix the amount of salary which shall be received by every county officer, including county judge, who is to be elected in the county during the next ensuing year, and is entitled by law to receive a salary payable out of the county treasury; and the salary as fixed shall not be increased or diminished during his said term of office. All

salaries shall be paid out of the county treasury, quarter-yearly, at the end of each quarter. If the county board of any county shall fail to establish the salary of any county officer as herein provided, such officer shall receive the saine annual salary as that received by his immediate predecessor. This section shall not apply to any particular county whose salaries to its officers have been specially provided and fixed by law.'

"As to officers to be elected in the county during the next ensuing year, the action fixing the salaries, whether by lowering or raising, would be clearly within the power of the boards and would require no legislative care.

"I feel warranted, therefore, in assuming that the action sought to be legalized by this bill was invalid for some violation of section 694, either in fixing the salaries of county officers elected in 1882, or in raising the salaries of officers then in office. Can the Legislature constitutionally legalize the action of a portion of the county boards of the State, in so fixing the salaries, in violation of section 694? The supreme court seems clearly to have answered this question in the negative in Rooney vs the Supervisors of Milwaukee County, 40. Wis. 23."

The governor made another point on the constitutionality of the bill, holding it to be in conflict with section 23, of article 4 of the constitution, which provides that "the Legislature shall establish but one system of town and county government, which shall be as nearly uniform as possible."

On this point the governor said: "It would be a signal breach of the uniformity of the organic system of county government required by the constitution, that a board of supervisors of one county should be permitted or required to disregard the wholesome principle binding all the other counties of the State. It would be a strange uniformity, which for grave ends of public policy should absolutely place the compensation of county officers beyond control in some counties, and subject it, in violation of

It is

such policy, to control in other counties. quite apparent that an act of the Legislature of 1882, in terms authorizing county boards of certain counties to raise the salaries of officers elected that year, or those in office, would have been unconstitutional as violating the uniformíty of county government."

The messages which Gov. Rusk has annualy transmitted to the State assembly are characteristic of the man-plain and simple in their wording, clear and concise in tone, and honest and straightforward in pointing out what he considers to be the best methods of meeting the present wants of this rapidly increasing population, and providing for the exigencies which may arise in the fostering and development of the agricultural, mercantile and industrial interests of the State. They bear unmistakable evidence of a close observance into the necessary requirements of the different departments of the State government and a painstaking effort to promote the moral and intellectual growth of the whole people.

Gov. Rusk has yet a year to sit in the chair of State, and it is useless to speculate as to what his future may be. He may be called to further and higher honors when he vacates the gubernatorial chair. And it may not be amiss, in this connection, to produce here a few of the compliments that have dropped from the press and other sources, called out by "a record so clear in his high office."

Said a leading and influential democratic politician of this State, in the fall of 1883: "Gov. Rusk has made a most excellent governor for Wisconsin. His unassuming, impartial, honest policy is such as the people like, and Gov. Rusk's admirers in the State have wonderfully increased in numbers since he seated himself in the gubernatorial chair."

After the death of Postmaster-General Howe, the name of Gov. Rusk was mentioned in connection with other names, as one who would make a worthy successor. This called out from one of the prominent papers of the State, the fol

lowing paragraph: "Among the names spoken of in the Washington dispatches for the vacant position of postmaster general, is that of Gov. J. M. Rusk. While all Wisconsin people would be glad to know that the abilities of their brave soldier and most excellent governor were thus recognized by President Art ur, they would be sorry indeed to have him vacate the executive chair at Madison. Of all the governors Wisconsin has ever had, none of them ever held the respect and good will of all parties as has Gov. Rusk. If the President concludes to call Gov. Rusk away from his present position, the people of this great commonwealth will, of course, approve his choice, knowing full well that what will be lost to the State, will be gained by the Nation."

The following extract from a paper independent in politics, probably gives as good a description of the man and the governor, as anything that has been written or said:

"The present occupant of the executive chair in Wisconsin, is a man who tips the beam quick at 250 pounds, and has a heart in him in proportion to the size of his body. There is not a more genial, companionable or kinder hearted man in the State, or in the country, or in the world, and, if he is at all afflicted with that contemptible disease known as political or official big head, none has yet been able to discover it. It is the unanimous opinion of those who visit the executive office, or meet the governor about the capitol, that he is the exact type of man that it is proper to make into governors. In the expression of opinions as well as in movements, he is cool and deliberate, evidently does not believe in rushing things, but does not hesitate to shoulder the responsibility when the time to act has come. No one will ever find Gov. Rusk a coward, physically, morally or politically. He does not jump to conclusions quickly, but, when he decides what to do, is able to give substantial reasons therefor. In fact, he is a safe man, even in the emergency where other men fly to pieces with excitement.

Gov. Rusk is a large man, with a kindly face, has an abundance of hair, and full beard, pretty well silvered, and in his demeanor lacking of that self-satisfied, peculiarly offensive dignity so often seen among official luminaries."

The parents of Gov. Rusk, Daniel Rusk and Jane Fakner, were married in 1811. Their children were: John, Anna, James, Ruel, Daniel, Elizabeth, Jane, Samuel, Allen and Jeremiah M. Daniel Rusk died in 1845, and Jane (Fakner) Rusk died Nov. 25,1876, aged eighty-six years eleven months and nineteen days. Jeremiah McLain Rusk, was married April 5, 1849, to Mary Martin, in Perry Co., Ohio. She died in January, 1856. Their children were Charity Ariel, Lycurgus James and Mary Jane, deceased. J. M. Rusk was again married, Nov. 18, 1856, in Bad Ax (now Vernon) county, Wis., to Elizabeth Johnson. Their children were: Alonzo, deceased; Ida May, Mary Elizabeth and Blaine Dahiel.

William F. Terhune was born at Northumberland, Saratoga Co., N. Y., July 10, 1821. His ancestors came from Holland and France, and were Huguenots. He is of mixed English, Dutch and French descent. His great-grandfather, at the time of the outbreak of the Revolutionary War, surrendered a lucrative office under the British crown rather than become the instrument to enforce unjust laws and illegal taxation. His grandfather was a soldier in the war on the side of the colonies, and his own father was an adjutant at Sackett's Harbor in the War of 1812.

Wm. F. Terhune was the son of a farmer, in moderate circumstances, and until the age of seventeen years was employed upon the farm in summer and in attendance upon a district school in winter. Having by that time acquired a good common school education, and being ambitious to make further progress, he commenced the business of teaching, which he pursued alternately with attendance on some convenient academy. He attended at different times,Troy Conference Academy, at West Poult

ney, and the academy at Castleton, in Vermont, and the academies at Schuylerville and Amsterdam, in New York. During his academic course he was chosen to deliver three valedictory addresses. He entered Union College, New York, in 1843, but the death of his mother, and the consequent derangement of his father's affairs, prevented him from fully completing a collegiate course. He resumed the business of teaching, and in 1846 commenced studying law in the office of Hon. P. H. Sylvester, at Coxsackie, N. Y. Here his success as a teacher, and his pen as an educationist, rapidly brought him into public notice, so that in 1846 he was chosen county superintendent of schools for Greene Co., N. Y., which enabled him to complete his law studies, and he was admitted to the bar of the supreme court of the State of New York, at the September term thereof. held at Albany in 1848. He commenced practice at Athens, opposite the city of Hudson, and intermarried with Margaret C. Vandenberg, by whom he has had nine children, seven of whom are now living -Julia, Aurealia L., Leonard B., Blanche, now the wife of Thomas German; Ethie, a resident of Coxsackie, N. Y; Frederic and La Torce.

In 1850 Mr. Terhune was employed, by the marshal of the southern district of New York, to superintend the taking of the census of that year, and to correct and revise the returns of the assistant marshals. In 1851 he resolved to seek his fortune in the west, and on the 5th of August of that year landed at where Victory now is, and thence came to Viroqua, where he permanently located, and became one of the early settlers of Vernon (then Bad Ax) county.

The county was then just organized, and he was very soon appointed deputy clerk of the court, and deputy clerk of the board of supervisors. Since then he has been honored by the confidence of his fellow citizens, who have chosen him at different times member of the assembly, register of deeds, district attorney, and county judge; beside he has filled the less responsible offices of court commissioner and chairman of the board of supervisors. He has ever been identified with the interests of the county, and was chiefly instrumental in procuring the name of the county to be changed from the barbarous one of "Bad Ax" to that of Vernon. Heis also the founder of the Vernon cemetery which he caused to be laid out upon his own land in the year 1867, to supply a much needed public want, and which he conveyed to the trustees of the village of Viroqua in 1877.

Mr. Terhune is the pioneer lawyer of Vernon county. Unlike many of the profession,he wrote a beautiful recording hand which embellishes many of the early records of the county. He was an excellent judge of the law, and excelled in drafting original papers. Of late years he has been afflicted with partial blindness and a nervo-spinal disease, the latter of which, caused by a fall in his boyhood, embarrassed him, even in the vigor of manhood, and as age

advanced has had the effect to weaken his powers of application to business, and seems to handicap his executive ability. He and his amiable lady are the only two persons surviving and remaining within the limits of the village, who were adult residents in 1851.