Historic Pelham

Presenting the rich history of Pelham, NY in Westchester County: current historical research, descriptions of how to research Pelham history online and genealogy discussions of Pelham families.

Monday, November 04, 2019

How Did Pelham Get Its Name?


The precise origins of the name of The Town of Pelham in lower Westchester County, New York, are shrouded in the mists of time. Yet, after years of work by local historians and Pell family genealogists, the origins of the name may be a little clearer. 

The first written use of the term “Pelham” to describe the lands that Thomas Pell purchased from local Wiechquaeskeck Native Americans on June 27, 1654 (old style Julian calendar) appears in the October 20, 1687 patent issued to Thomas Pell’s sole legatee, his nephew John Pell. The patent, signed by New York Governor Thomas Dongan, confirmed John Pell as owner of the lands inherited from his uncle. Those lands included today’s Pelham. The 1687 patent refers to the lands as “the lordship and manner [manor] of Pelham.” 

The lands were known as the “Manor of Pelham” for more than a century until the division of Westchester County into towns on March 7, 1788. As of that date, much of the land that formed the Manor of Pelham became, officially, the “Town of Pelham.” 

For many years, local historians who considered the matter concluded that the name “Pelham” derived from an early English phrase meaning “home of the Pells.” Lockwood Barr, who published a history of Pelham in 1946, wrote that “The word ham was early English for home – so Pelham came to mean the home of the Pells.” 

Barr apparently based his conclusions on the work of earlier historians, including the work of Robert Bolton, Jr. who first published a two-volume history of Westchester County in 1848. That work included a chapter on the Town of Pelham. Bolton wrote in 1848 that “The name itself is of Saxon origin, and compounded of the two words Pel (remote) and Ham (mansion.) The former, being the ancient surname of the manorial proprietors, affords us a very good reason for its adoption in connection with the last.” 

Monumental work by Pell family genealogists in the last sixty years, however, has cast substantial doubt on Bolton’s theory. Although the matter is not free from doubt, the explanation may be simpler than Bolton supposed. 

Thomas Pell, born in 1612, and his brother, John, never knew their parents well. The boys lost their mother and, a little later, their father by the time young Thomas was about four years old. A stepmother and two of their parents’ “Trustees” reportedly raised the boys. One of the “Trustees,” also the “Overseer” of John Pell’s will, was a man named Pelham Burton. Many now believe that Thomas Pell named the area “Pelham” in honor of his father figure, Pelham Burton. 

Who was Pelham Burton? Some have described him as Thomas Pell’s “tutor.” Pelham Burton, however, was far more than a tutor. He was Thomas Pell’s family friend, benefactor, legal guardian, and surrogate father. 

Pelham Burton seems to have been the single most important figure in the life of young Thomas. Thomas Pell’s mother, Mary, died in February, 1614/15. His father remarried to Joanne Gravette, but died a short time later on April 14, 1616/17. According to PELLIANA, a genealogical publication about the Pell family: 

“The boys were orphaned when Mary, first, and then John, their father, died and were raised and educated by their stepmother Joanne Gravett Pell and John’s ‘Trustees’ or Executors, Pelham Burton and the Reverend Richard Vernon, Rector of Eastbourne.” 

Just as Pelham Burton cannot be described merely as Thomas Pell’s tutor, he likewise cannot be described as a mere “Executor” of the will of Thomas Pell’s father. Rather, Pelham Burton became, in effect, a surrogate father to Thomas. 

As the “Overseer” of John Pell’s will, Pelham Burton served as legal guardian of Thomas and his brother. According to PELLIANA, Burton “took in the boys and their widowed stepmother, made them a home at Compton Place and directed their education”. He sent them to the local “Free School” where the boys received a classic Latin education designed to prepare them to “read” for matriculation into Oxford or Cambridge. 

Pelham Burton was a member of the local gentry and an honorable and respected member of the Southwyck community. According to genealogical research by the Pell family, Pelham Burton “took a prominent part” in the affairs of the Sussex area in England in the early 17th century. In addition, he built Compton Place, the estate where he brought the boys and their stepmother upon the death of the boys’ father. That magnificent estate later became one of the residences of the Duke of Devonshire. 

There is no known documentary evidence that would prove that Pelham derives its name from Thomas Pell’s legal guardian and surrogate father, Pelham Burton. But, documentary evidence strongly suggests that Pelham Burton was an extraordinarily strong and positive influence on young Thomas Pell. This seems to provide overwhelming support for the theory that later in his adult life, Thomas paid homage to the only “father” he had ever known – Pelham Burton – and named the lands he purchased from local Wiechquaeskeck Native Americans 365 years ago “Pelham.”



Though There is No Known Image of Pelham Founder Thomas Pell,
This Drawing by Thom Lafferty, Based on an Original by an Unknown
Artist, Depicts Pell as the Artist Imagined Him.  NOTE:  Click on Image to Enlarge.


Labels: , , , , , ,

Wednesday, December 06, 2017

The Town of Pelham's First Annual Children's Holiday Season Party Held in 1932


Last Saturday, December 2, Town Supervisor Peter DiPaola and Town staff welcomed more than 150 youngsters and their families to Gazebo Park and the Town Hall grounds for the 2017 Children's Holiday Party and Tree Lighting.  The celebration was joyous with peals of laughter, youngsters chattering and scampering, and a hum of excitement.

Santa and Mrs. Claus welcomed youngsters.  Each child received a small stuffed bear as a gift.  Mickey Mouse, Minnie Mouse, and Trolls danced among the kids, greeting all with high-fives, dances, and hugs.  There were face painting sessions, balloon animals, a small petting zoo, festive carolers, and much more.  The evening was topped off with the lighting of the Town Tree next to Town Hall with magnificent lighting including a giant star at its very top.

Hundreds of Pelhamites enjoyed the event.  Virtually none, however, knew that the joyous celebration was the continuation of an annual tradition that began 85 years ago in 1932.

In 1932, the Town of Pelham and our entire nation were in the terrible throes of the Great Depression.  Many Pelham families and their youngsters were not looking forward to a joyous holiday season.  The Great Depression had taken its toll.

The entire Town of Pelham came together that year, led by Town Supervisor Joseph H. McCormick and Welfare Commissioner Nellie Admir, to host a giant holiday party for the children of needy families of the Town.  Though the holiday party since has evolved into a wonderful celebration for all children of the Town, the first annual children's holiday party was specifically for needy children of the Town.  

That year, the Town of Pelham oversaw a committee of nearly fifty Pelhamites raised private money and donations to support the big event.  In fact, the group raised so much money from compassionate and concerned Pelham citizens wanting to give a happy holiday season to Pelham youngsters that quite a bit was left over after the celebration.  The excess was placed in a "thrift account" at a local bank to be used the following year to continue the tradition -- a tradition that continues to this day.

When the big day arrived, Santa (played by Town Engineer Harry Phillips) distributed a bag of targeted gifts to each child, assisted by a costumed "Brownie" as Santa's helper (played by Pelhamite James Connolly).  Pelhamite James Lang, who performed professionally as a clown in the Barnum & Bailey Circus, performed as a Christmas clown.  Arthur Spafford and Arthur Walker dressed together in a horse costume that delighted the youngsters.

The event was the culmination of weeks of work.  The Town required families to apply for admission tickets for their children.  Town Welfare Commissioner Nellie Admir then interviewed every family to determine need and the nature of gifts suitable for the children.  Every child received "a bag containing a toy, two suits of underwear, two pairs of stockings, candy, apples, nuts and oranges. "  In addition, during the party (which was held in VFW Hall on Fifth Avenue), refreshments of ice cream and cake were served. 

In addition to the clowning and horse performance, during the party Christmas stories were read to the children during the event.  The special treat of a radio was provided for entertainment during the party as well.  The children sang Christmas carols, led by Mrs. George F. Harman.   

At the height of the Great Depression, the Town of Pelham began a holiday tradition for the children of Pelham that continues to this day.  Hopefully, the tradition will continue a century from now and beyond. 

 

*          *           *          *          *


"BRINGING CHRISTMAS JOY TO NEEDY CHILDREN  Entertainers and
Sponsors of Town Christmas Party Given Yesterday Afternoon for 175
Children of Needy Families.  Left to Right:  James Connolly, Santa's Helper;
Mrs. Nellie Admir, Town Welfare Commissioner, Who Arranged the Party;
Town Engineer Harry Phillips as Santa Claus; Supervisor Joseph H.
McCormick; Alan Eckert, Who Acted as Master of Ceremonies; Jake Lang,
Clown; Arthur Spafford and Arthur Walker Are Impersonating the Horse.
-- Photo by Frutkoff."  NOTE:  Click on Image to Enlarge.

"It Will Be A Merry Christmas For Children Who Attend Town Party
-----
Pelham Residents Urged to Help With Program to Be Staged by Public Welfare Officer at Town Hall; Contributions Are Requested.
-----

Residents of the Pelhams are urged to assist in the first annual Pelham Christmas Party for the children of needy families to be held at the Town Hall on Saturday December 21st.  Santa Clause himself will be there with many assistants who will make sure that all the children who attend will know what a real Christmas is.  Mrs. Nellie Adair, public welfare commissioner of the town is preparing the program.  She is assisted by a large committee of prominent Peham women.  Mrs. A. C. Field, Mrs. Edward C. King, Mrs. Charles M. Russell, Mrs. Grace Logan Lyons and Mrs. Kneeland S. Durham, Jr., joined the committee this week.

The program will be financed by voluntary contributions.  Tag Day will be held in Pelham on Saturday, December 3rd and is expected to provide necessary funds.

Mrs. Adair reports that there has been a generous response to her appeal for contributions and gifts.  The following have contributed during the last week:  Miss Anne Cummins, John T. Brook, C. J. Monro, and Dr. Ken G. Hancher.

Applications for tickets should be made to Mrs. Adair, who will personally investigate every case.  Each child who attends the party will receive two suits of warm underwear, toys, stockings, candy and such clothing which the case shows will be required to keep the child warm during the winter months.  There will be refreshments, music and entertainment.

A radio will be donated for the party by Kolb & Crawford.  The Great Atlantic & Pacific Tea Co. has donated many pounds of candy.  Supervisor Joseph H. McCormick has donated 50 suits of underwear.

Mrs. Adair requests that contributions of toys, food, clothing, books, candy, etc., be sent to her office in the Town Hall where members of the committee will sort them and wrap packages.  A list of the needs of every child will be made and special packages will be prepared so that there will be no disappointments.

Women of the Pelhams are urged to join the committee in charge of the program.  During the next few weeks there will be considerable work for all who care to associate themselves with this affair.

Christmas decoration are also needed.  Send your contributions to Mrs. Adair at the Town Hall.  Let's all get behind this party and make it a Merry Christmas for the poor children of the Pelhams,"


"Santa Claus Distributes Christmas Gifts To Children At Welfare Christmas Party Yesterday
-----

Christmas joy was brought to the hearts of 175 Pelham youngsters yesterday afternoon at the Christmas party arranged by Mrs. Nellie Adair, town welfare commissioner, for children of needy families of the town.  The affair was held at the Veterans of Foreign Wars hall on Fifth avenue, the use of which was generously donated by the Walsh-Marvel Post No. 307.

A gala program was presented with Santa Clause and a number of entertainers.  The climax of the afternoon came when Santa Claus distributed to each of the children a bag containing a toy, two suits of underwear, two pairs of stockings, candy, apples, nuts and oranges.  During the party, refreshments of ice cream and cake were served.

The program opened with the singing of several Christmas songs by the children, led by Mrs. George F. Harman.  Then several games were played and refreshments served.  During intervals, entertainment was presented.  Jacob Lang, who clowned with Barnum and Bailey's circus for years appeared in several amusing constumes that pleased the kiddies.  One of the high spots of the program, judging from the cries of delight, was a bit of action staged by Lang and a horse, impersonated by Arthur Spafford and Arthur Walker.

(Continued on Page 5)

SANTA CLAUS IS AT TOWN WELFARE CHRISTMAS PARTY
-----
(Continued from Page One)

Mrs. Edwin A. Jimenis told  several Christmas stories, the children gathering about her in a large circle on the floor to listen wide-eyed as she told of Santa Claus.  An orchestra, led by Miss Ruth Fanelli, played music for the games and for the entertainment.  The Misses Alice Brock and Louise Lank were members of the orchestra.

Harry Phillips, town engineer, made the biggest hit of the day as Santa Claus.  Mr. Phillips was cast to perfection in this role, the kiddies climbing over each other to shake his hand and tell him what they wanted for Christmas.  James Connolly, attired as a Brownie, aided Santa Claus in the distribution of gifts.

Alan Eckert acted as master of ceremonies, conducting the games and introducing the various acts.  Austin de Stolfe sang a tenor solo.

Due to the generosity of many local people and business establishments in donating supplies, a portion of the $500 collected on Tag Day was saved.  Supervisor Joseph H. McCormick announced last night that this would be deposited in a thrift account and held in readiness for a similar party next year.  

Assisting on the committee were Mrs. G. F. Harman, Miss Aileen Kelleher, Miss Aileen Giblin, Mrs. J. Roche, Mrs. J. C. Wilberding, Mrs. W. L. Dench, Miss Ann Hammett, Mrs. Albert C. Field, Miss Mary Lou Field, Mrs. Julius Manger, Mrs. Minnie E. Oden, Mrs. Edward A. Brunner, Mrs. R. E. Ramsay, Miss Barbara Ramsay, Mrs. G. L. Russell, Mrs. T. W. Van Twisk, Miss Marion Russell, Miss Florence Harman, Mrs. A. J. Sweeney, Mrs. J. Pickard, Miss Estelle Christofferson.

Mrs. Kneeland S. Durham, Jr., Mrs. W. F. Goeltz, Mrs. D. J. Kennedy, Mrs. J. C. Brown, Mrs. E. J. Dutschler, Mrs. Harry Phillips, Mrs. E. J. Bayle, Mrs. L. B. Smith, Mrs. William Bradley, Mrs. William Taich, Mrs. John D. Groves, Mrs. Edward C. King, Mrs. James Black, Mrs. Theodore J. Deuscher, Alan Eckert, James Connolly, Austin de Stolfe, William Burnett, James Mullins, Commander John J. O'Sullivan of Walsh-Marvel Post, and Gorham Head."

Labels: , , , , ,

Tuesday, November 14, 2017

The Town of Pelham Had to Save Pelham Firefighters From the Wrath of Taxpayers in the Early 20th Century


The early history of today's Village of Pelham Fire Department is complex but fascinating.  Pelhamville residents banded together before incorporation of the Village of Pelham (today's Pelham Heights) and the Village of North Pelham to form the "First Fire District."  The First Fire District served residents and businesses of the Town of Pelham located north of today's Colonial Avenue.  After incorporation of the Villages of Pelham and North Pelham, the First Fire District continued to handle fire protection north of Colonial Avenue.  It raised money by taxing local residents.  It submitted its annual budgets to voters residing in the district for approval.

By the first decade of the Twentieth Century, however, the First Fire District was in trouble.  A massive fire in 1907 revealed the First Fire District's lack of resources.  Known as the Pelham Livery Stable Fire and the Vaughn Livery Stable Fire, the disaster took four lives (though some reports claim three died).  See:

Tue., Dec. 06, 2016:  An Account of the Tragic Vaughan Livery Stable Fire in Pelhamville in 1907.

Wed., Jan. 18, 2006: Newspaper Report of the Infamous Vaughan's Livery Stable Fire in North Pelham in 1907.

Shortly after the Pelham Livery Stable Fire, the First Fire District proposed a massive increase to its annual budget.  The fire commissioners concluded it was time to install a modern fire alarm signal system and to "improve the equipment of the firemen who were rendering excellent service under discouraging conditions."  Thus, the fire commissioners sought an annual budget of $2,000 and submitted the proposal to voters.  The voters voted down the increased budget.  The First Fire District responded with a second proposal seeking approval of a $200 annual budget to cover its operating expenses.  To the surprise of all, voters rejected that proposed budget as well.

Things reportedly became difficult for the First Fire District.  According to one account, things became so bad that the volunteer firefighters paid the expenses necessary to run the operations:

"The two companies were paying for the coal and electric light bills to say nothing of locks, keys and badges which were supposed to be supplied by the commissioners.  Had it not been for the loyalty of the firemen, the department would have ceased to exist.  Liberty Hose company even loaned the fire board $50 to help meet expenses."

Residents of the Villages of Pelham and North Pelham simply ceased to support the local Fire District they had created through payment of taxes to supply the revenue the district so desperately needed.  Town government decided to step into the breach to get the job done.

A special law was framed and passed by the New York State Legislature thereafter to permit the five fire Commissioners of the First Fire District to prepare the district's annual budget and then submit it to the Town Board for approval rather than have the proposal voted on by residents of the district.  The law gave the Town Board the power to approve, increase, reduce, or even reject the budget entirely.

Eventually, the process was returned to the First Fire District.  For a time throughout the teens and early twenties, however, the First Fire District was able to avoid the wrath of local taxpayers who believed their taxes were too high to fund a more modern fire-fighting force by turning to the Town Board of the Town of Pelham to approve its annual budgets.



*          *          *          *          *

"North Pelham
-----

A local taxpayer asks:  'Will you kindly explain the fire commissioner-town board combination.  I have been a resident of this fire district for nine years, and have always been puzzled when I read how the two boards meet to fix the budget for the coming year.  What has the town board  got to do with the first fire district?  Two of their members come from Pelham Manor, outside the district, yet the budget, it seems must have their approval.  Has the town board any jurisdiction over the expenditures of the fire board?  I am sure there are many like myself [who] would welcome a little light on the subject.'  Ans.  The town board meets the board of fire commissioners each year in January to approve or amend their estimate or budget for the ensuing year.  At the time the First Fire district was incorporated, the territory taken in was all that part of the Town of Pelham situated north of Boston Post road, (now Colonial avenue).  The village of Pelham was not incorporated at that time, and the territory north of the railroad track was known as Pelhamville.  The villages of North Pelham and Pelham were incorporated after the fire district had been established, thus two villages were created within its limits.  The apparatus in use was found to be [obsolete] after the disastrous Pelham building fire in 1900 [sic; the fire was in 1907] which caused the loss of three lives.  The commissioners, five, who had been elected for five years, decided it was time to install a fire alarm signal system and otherwise improve the equipment of the firemen who were rendering excellent service under discouraging conditions.  A budget of $2,000 was submitted to the taxpayers of the district and voted down.  The budget was reduced to $200 to meet the running expenses of the companies, and this too was defeated.  The two companies were paying for the coal and electric light bills to say nothing of locks, keys and badges which were supposed to be supplied by the commissioners.  Had it not been for the loyalty of the firemen, the department would have ceased to exist.  Liberty Hose company even loaned the fire board $50 to help meet expenses.  It was at this time some level headed taxpayers suggested the option be taken away from the taxpayers and the power vested in the town board.  While the town board has the power to approve, increase, diminish or even reject the budget, they have absolutely no jurisdiction over the expenditures after the budget had left their hands.  A special law was framed and passed the state legislature authorizing the present method.  While there seems to be no question that the law at the time it was created, was necessary for the proper fire protection of the residents of the districts, many now believe the district is able to pass upon its own budget without having to submit it to a board consisting of, in part members who have no real interest in the district.  It is a far cry from the estimate of $200 to run the department twenty years ago and the budget [of] $12,237.70 for the present year.  The taxpayers rejected the former but, to use the homely expression of an old resident, 'Now they shove it down our throats.'  Be that as it may, if the medicine will do the patient good, the method of administering it must be alright.  At the joint meeting, there was included in the estimate budget appropriation to purchase a Ford runabout for the chief and to be used as a 'chemical' for minor alarms.  This was disallowed.  Whether it is cheaper to take out the big engine for minor alarms than to purchase a Ford, may be subjected to dispute; Judge Crawford striking the keynote by saying, 'I am in favor of giving the firemen anything they ask for; in fact they should not ask for anything; they should demand it."

Source:  North Pelham, The Daily Argus [Mount Vernon, NY], Feb. 3, 1920, p. 8, cols. 5-6.



Hand-Drawn Hose Cart of the Type Still Used by One of the
Companies of the First Fire District as Late as 1912.  This is
the Sort of Equipment That the First Fire District Needed to
Modernize After the Vaughan Livery Stable Fire of 1907.
NOTE:  Click on Image to Enlarge.


*          *          *          *          *

Below is a list of prior Historic Pelham Blog postings that touch on firefighting and the history of firefighting units within the Town of Pelham.

Wed., Nov. 01, 2017:  Pelham Manor Firemen Helped Their San Francisco Brethren After the Great Earthquake in 1906.

Tue., Sep. 12, 2017:  Sale of Antiquated Fire Equipment in 1922 Reminded All of the History of North Pelham Fire Fighting.

Fri., Jul. 21, 2017:  Pelham Firemen Turned Their Hoses on Trolley Construction Crew in 1898.

Fri., Jun. 23, 2017:  A Little of the Early History of Hose Company No. 2, the Pelham Heights Volunteer Fire Fighting Unit.

Fri., Jan. 20, 2017:  A Proud Pelham Fire Department Took Possession of a New American La France Fire Engine in 1914.

Thu., Jan. 19, 2017:  Revenge is a Dish Best Served Cold:  Don't Mess With a Pelham Fireman.

Thu., Jan. 12, 2017:  Six of Pelham's Earliest Firefighters Marched in the 36th Annual Fire Inspection Parade in 1930.

Tue., Dec. 06, 2016:  An Account of the Tragic Vaughan Livery Stable Fire in Pelhamville in 1907.

Wed., Nov. 16, 2016:  More on the 1889 Fire that Destroyed the Hunter House on Travers Island.

Tue., Oct. 04, 2016:  Harry R. King, Fire Chief of the First Fire District From 1911 to 1913.

Wed., Jun. 15, 2016:  Organized Volunteer Fire Fighting in Pelhamville Began as Early as 1885.

Tue., Jun. 14, 2016:  The First Annual Inspection of Pelhamville Fire Fighting Units in 1894.

Tue., Jun. 07, 2016:  When Did Pelham's Minneford Engine Company Acquire its First Fire-Fighting Steam Engine?

Mon., May 16, 2016:  Fatal Fire in 1902 at One Fifth Avenue Burned Down the Post Office and Pharmacy.

Fri., Apr. 29, 2016:  Famous Meyers Mansion in Pelham Manor Burned Down in 1897.

Thu., Apr. 28, 2016:  Pelham Manor Dutifully Extinguished a Fire That Nearly Burned Down its Hated Wooden Train Station in 1896.

Mon., Jan. 04, 2016:  Pelham Manor Voters Voted to Disband the Pelham Manor Fire Department in 1928.  

Mon., Dec. 14, 2015:  Early History of the Village of Pelham Manor Fire Department.

Fri., Dec. 11, 2015:  Evidence of An Early Independent Firefighting Unit in Pelham Named "Indians."

Thu., Dec. 10, 2015:  Grand Fire-Fighting Competition and Parade Held in the Town of Pelham in 1891.

Wed., Dec. 09, 2015:  Pelham's Minneford Engine Company Built a New Fire House on City Island in 1894.

Mon., Dec. 07, 2015:  The Code Used on the City Island Fire Bell in the Late 19th Century Used for Fire Alarms.

Mon., Nov. 30, 2015:  Another Detailed Account of the 1901 Fire that Destroyed the Clubhouse of the New York Athletic Club on Travers Island.

Fri., Nov. 20, 2015:  Account of 1894 Fire in One of Pelham's Earliest Newspapers.

Wed., Sep. 30, 2015:  Was it Arson that Destroyed the Prospect Hill School at Jackson and Plymouth Avenues in 1917?


Thu., Sep. 17, 2015:  An Account of the February 28, 1925 Fire at Pelhamdale, A Home on the National Register of Historic Places.

Fri., Jun. 12, 2015:  The Tumultuous Reign of Pelham Manor Fire Chief J. Louis Cunningham in the Early 1900s.

Tue., Jun. 09, 2015:  Reminiscences of Firemen Who Served From 1893 Until 1923 in North Pelham.

Wed., Jun. 03, 2015:  The Bell in Firemen's Memorial Park at First Street and Wolfs Lane.

Tue., Jun. 02, 2015:  Important Early Images of the Pelham Fire Department.

Fri., May 22, 2015:  History of Pelham's Beloved "Nott Steamer" Known as "Jim Reilly's Boiler."


Thu., Mar. 26, 2015:  Fire Destroyed the Old Pelham Manor Post Office in 1945.

Fri., Mar. 20, 2015:  Fire in 1932 Devastated the Bolton Priory in Pelham Manor.

Tue., Feb. 17, 2015:  More on the Early History of Organized Firefighting in the Settlement of Pelhamville.

Mon., Feb. 16, 2015: The Great Furniture Fight of 1896: Company of Pelhamville Firemen Resigned En Masse.

Thu., Feb. 12, 2015: Rare 19th Century Image of Pelhamville Firemen Who Served in Relief Hook and Ladder Company No. 1.


Fri., Dec. 12, 2014: Parade and Housewarming Hosted by Pelhamville Fire Department in 1894.

Thu., Dec. 11, 2014:  Pelhamville's First Attempt to Create a Fire Department in 1893 Failed Due to a Legal Technicality.

Thu., Jul. 24, 2014: Dedication of the New Fire Headquarters in the Village of Pelham on December 29, 1927.

Wed., Jul. 02, 2014: Election Shenanigans Involving Fire Commissioner Election in 1898.


Thu., Apr. 24, 2014: Information About the History of Fire Departments in the Town of Pelham Published in 1927.

Thu., Jan. 30, 2014:  The Night Pelham's Town Hall Burned.

Fri., Jan. 24, 2014: Early Days of Organized Fire Fighting in Today's Village of Pelham.

Thu., Jan. 23, 2014:  Another Account of the Devastating Fire that Destroyed the Travers Island Clubhouse of New York Athletic Club in 1901.


Wed., May 12, 2010:  Fire Partly Destroyed Pelham Town Hall in 1908.

Fri., Jan. 15, 2010: Photograph of Augustine C. McGuire, President of the Board of Fire Commissioners of the First District Fire Department in 1913.

Thu., Jan. 14, 2010: 1913 Report of the Firemen's Benevolent Association in Pelham.

Thu., Dec. 10, 2009: More 19th Century Baseball and Firefighting References.

Tue., Dec. 08, 2009: The Darling Triplets: Three Brothers Among Pelham's Earliest Firefighters.

Thu., Oct. 08, 2009: Firefighting Units on City Island in Pelham During the Early 1890's.

Fri., Sep. 04, 2009:  1901 Newspaper Article About Fire that Burned New York Athletic Club Clubhouse on Travers Island.


Mon., Aug. 31, 2009: Contest in 1891 To Determine Which Steam Fire Engine Company Could Throw a Stream the Greater Distance.

Fri., Aug. 28, 2009: Reorganization of the Minneford Engine Company on City Island in February, 1891.

Thu., Aug. 06, 2009: Brief History of the Fire Department in the Village of North Pelham Published in 1913.

Wed., Aug. 05, 2009: Pelham Manor Fire Chief Pleads for Taxpayers to Authorize Purchase of Village's First Fire Engine.

Wed., July 15, 2009: Liberty Hose Company Election in 1898.


Thu., Feb. 19, 2009:  The Old Hunter House Burns to the Ground in an Arson Incident on Travers Island on April 4, 1889.

Thu., Jan. 19, 2006: Pelham Manor's Earliest Fire Fighting Equipment.


Wed., Jan. 18, 2006:  Newspaper Report of the Infamous Vaughan's Livery Stable Fire in North Pelham in 1907.

Mon., Oct. 17, 2005:  The Firemen's Memorial of the Pelham Fire Department.

Mon., Aug. 01, 2005: An 1896 Inspection and Drill of the Fire Department in Pelham.


Tue., May 31, 2005:  The June 6, 1940 Fire That Destroyed the George M. Reynolds Mansion (Part I of II).

Wed., Jun. 01, 2005:  The June 6, 1940 Fire That Destroyed the George M. Reynolds Mansion (Part II of II).

Fri., May 06, 2005:  The Great Furniture Battle at Pelhamville's Relief Hook and Ladder Company in 1896.

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog.

Labels: , , , , , , ,

Monday, September 25, 2017

Pelham's 19th Century Boundary Dispute with New Rochelle


As early as the 1860s, the Towns of Pelham and New Rochelle began battling over the boundary between the two in the area nearest Long Island Sound.  There was an area of about fifty acres that both towns claimed.  A number of homes stood on the disputed land and New Rochelle collected property taxes on the properties despite the fact that Pelham claimed that the land was within the Town of Pelham based on a boundary set by surveyor Captain Abraham Bond and reflected in a filed map dated 1711 and reaffirmed in a surveyor's map of the Town of Pelham dated 1798 prepared by James Davenport.

In 1897, Town of Pelham Supervisor John M. Shinn convinced the Board of Supervisors of Westchester County to reaffirm the boundary reflected in the maps dated 1711 and 1798.  This, of course, effectively placed the disputed lands within the Town of Pelham, thereby permitting Pelham to collect real estate taxes on the properties within the disputed 50-acre tract.

A major lawsuit followed.  That lawsuit took several years to resolve with the courts eventually siding with Pelham and adjudging the boundary consistent with the 1711 and 1798 maps, thereby finding the disputed 50-acre tract to be within Pelham.  

Still, the dispute simmered.  It was not until 1927 when the Westchester County Board of Supervisors passed a law defining the boundary by metes and bounds that, once again, followed the boundary set by the 1711 and 1798 maps and seemed consistent with the boundary as shown in a map of the area published by John F. Fairchild in 1898.

I have written about this dispute on numerous occasions.  For examples, see:

Mon., May 11, 2015 1798:  Surveyor's Map of the Town of Pelham And Copy of 1711 Map of Pelham Border with New Rochelle.  

Tue., Feb. 10, 2009:  Another Article About the 19th Century Boundary Dispute Between Pelham and New Rochelle.

Mon., Sep. 17, 2007:  Articles About the 19th Century Boundary Dispute Between Pelham and New Rochelle.

Thu., Mar. 16, 2006:  1869 New York Herald Article About Pelham's Boundary Dispute With New Rochelle.

In 1899, in the midst of the lawsuit that eventually settled the matter and shortly after a temporary legal setback for the Town of Pelham, the Supervisor of the Town of New Rochelle had the County Clerk enter into the minutes of the Annual Session of the Board of Supervisors of the County of Westchester much of the legal material from the lawsuit that reflected New Rochelle's temporary victory.  Today's Historic Pelham history article transcribes that material for future research purposes.



Image of Original Surveyor's Map by James Davenport Entitled "Town of Pelham
NOTE:  Click on Image to Enlarge.


Image of Copy of James Davenport Surveyor's Map Entitled 
NOTE:  Click on Image to Enlarge.



Copy of 1711 Bond Map Drawn by James Davenport Entitled
by Jas. Davenport."  NOTE:  Click on Image to Enlarge.

*          *          *          *          *

"Annual Session OF THE Board of Supervisors, Westchester County, N. Y. 1898-'99
-----
FRIDAY, MARCH 10th, 1899.

Board met pursuant to adjournment.

Mr. Secor in the chair and a quorum of members present. . . . 

Mr. Shinn presented the following affidavit, writ of prohibition and order of the court:

SUPREME COURT, WESTCHESTER COUNTY.

State of New York, City and County of New York } ss.

John M. Shinn being duly sworn, deposes and says:

I.  That he is the supervisor of the town of Pelham, a municipal corporation, in the county of Westchester and state of New York, and has been such at all the times mentioned herein.

II.  That heretofore and on or about March 16th, 1898, the Board of Supervisors of Westchester County upon proceedings duly instituted on behalf of the Town of Pelham under Section 36 of the County Law, and after hearing testimony on behalf of the Towns of Pelham and New Rochelle and upon a report of its Judiciary Committee, passed the following act.

'AN ACT to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to Section 36 of Chapter 686 of the Laws of 1892, and acts amendatory thereof, and supplementary thereto, by the Board of Supervisors of the County of Westchester, at a regular meeting duly assembled on the 16th day of March, 1898, at least two-thirds of all the members elected thereto being present, and voting therefor, 28 votes being cast in favor of and 1 vote against its passage, do enact as follows:

'Section 1.  Whereas, the boundary line between the towns of Pelham and New Rochelle has been in dispute and application having been duly made in accordance with the statute to have such boundary line located and defined.

'Section 2.  Therefore, resolved, that the disputed portion of said boundary line between the Towns of Pelham and New Rochelle shall be, and the same is hereby fixed, located, established and defined as follows:

'Beginning at its northern point at the centre of the Hutchinson River, seventy three feet south of the centre of the bridge known as the Archer Bridge, and running thence southerly through or about the north end of the stone wall at the northeast corner of the Jacob Heller property, marked 'o' upon a map, and through the intersection of the old stone wall forming the boundary line between the properties of B. F. Corlies, Sycamore Park and others, with the stone wall marking the southerly side of the old Boston Post Road, said intersection of said straight line with the line surveyed by Schuyler & Crosby as the town line, south of the angle at the northerly edge of the big swamp as shown upon map No. 615 on file in the office of the Register of Westchester County, said intersection point being marked 'C' upon annexed map.

'The said dividing line between the towns as herein described, being the same, as near as can be determined, as shown upon a map made by Captain Bond in the year 1811, and as laid down on a copy of said map made by John Davenport in 1798, and now on file in the office of the State Engineer and Surveyor.

III.  This act shall take effect immediately.'

That said Board of Supervisors thereafter and on or about April 1st, 1898, duly adjourned sine die.  

Section 3.  That thereafter the Board of Supervisors of Westchester County composed of the newly elected supervisors of the several towns and cities in said county, elected in the Spring election of 1898, met on or about April 15th, 1898 pursuant to a call for a special meeting:  that at said meeting Michael J. Dillon, the newly elected supervisor from the town of New Rochelle, introduced the following proposed resolution or act 'An act or resolution to repeal:

'An act to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to Section 36 of Chapter 686 of the Laws of 1892 and acts amendatory thereof and supplementary thereto, by the Board of Supervisors of the County of Westchester, at a regular meeting duly assembled on the 16th day of March, 1898.'

That on or about April 22nd, 1898 at a subsequent meeting of said board, said resolution was submitted to a vote of the board against the objection and protest of deponent as supervisor of the Town of Pelham in the following words:

'That the Board of Supervisors have no jurisdiction on the ground that the line has been established by a previous board and that the act has become a part of the Statute Law of the State of New York, and that if New Rochelle disputes the boundary line as establshe by that act, the only way that another line can be established is by petition to this board in accordance with Section 36 of the County Law under which the present line was established.'

V.  That said board duly convened pursuant to said order and writ on May 31st, 1898, and said resolution of April 22nd, 1898 was declared duly rejected.  That at said meeting Michael J. Dillon, supervisor of New Rochelle, moved 'that the vote by which the repeal resolution and act relating to the boundary line between the Towns of New Rochelle and Pelham, declared adopted at a meeting of this board held on April 22nd, 1898 be reconsidered, and that the same lay over and be acted upon at the next special or regular meeting of this board.'  Deponent as supervisor of the Town of Pelham objected and raised the following point of order 'that the Board of Supervisors have no jurisdiction on the ground that the line has been established by a previous board, and the act has become a part of the Statute Law of the State of New York and that if New Rochelle disputes the boundary line as established by that act, the only way that another line can be established is by petition to this board in accordance with Section 36 of the County Law under which the present line was established' also 'that this board having been called together for a certain specific purpose by a writ issued out of the Supreme Court and that purposes having been accomplished any further business transacted by this board would be illegal and void.'  The chairman decided to admit the motion made by said Michael J. Dillon.

VI.  That a special meeting of the said board has been called for Thursday, July 14th at 10.30 a.m. at White Plains at which certain specified business will be considered as also 'such other and further business as may come or be brought before the meeting.'  That deponent is informed and verily believes that the said motion of said Michael J. Dillon offered on May 31st, 1898 on behalf of the Town of New Rochelle a municipal corporation will be acted upon by said board, and said motion carried.

VII.  That the said board has no jurisdiction to entertain said Dillon motion as proceedings by the Town of New Rochelle to change disputed boundary line must be taken according to the provisions of Section 36 of the County Law; that the board having made a determination upon disputed facts, on a judicial hearing, the matter became res judicata; that the said order of the court allowing a writ of peremptory mandamus to issue, is also conclusive upon the said board on the questions of procedure and jurisdiction and the facts set forth in said order.

VIII.  That adequate relief can only be had by writ of prohibition, restraining the Board of Supervisors of Westchester County from further proceeding in this matter.

IX.  That no previous or other application has been made for a writ of prohibition thereon to any judge or court.

Wherefore, the Town of Pelham prays that a writ of prohibition be issued out of this court directed to the Board of Supervisors of the County of Westchester and to the Town of New Rochelle, commanding the Board of Supervisors of Westchester County to refrain and desist from any further action in the premises.

JOHN M. SHINN, 
Supervisor, Town of Pelham.

Sworn and subscribed to before me this 13th day of July, 1898, }  ss.

ROBERT A. STEWART, 
Notary Public 221,
New York County.

At a Special Term of the Supreme Court held in and for the County of Westchester at the County Court House in the Village of White Plains on the 21st day of May, 1898.

Present Hon. Jackson O. Dykman, Justice.

EXHIBIT A.

Supreme Court, Westchester County.

The People of the State of New York on the relation of John M. Shinn as Supervisor of the Town of Pelham

-  against  -

Chauncey T. Secor as Chairman of the Board of Supervisors of Westchester County, Edwin R. Hopkins as Clerk of the Board of Supervisors of Westchester County and The Board of Supervisors of Westchester County.

On reading and filing the affidavit of John M. Shinn, as Supervisor of the Town of Pelham, verified the 26th day of April, 1898, and the notice of motion therein dated the 26th day of April, 1898, of an application for a writ of peremptory mandamus with proof of due service thereof upon all of the defendants herein, and upon all the proceedings had herein, and it appearing from said papers that the relator is the Supervisor of the Town of Pelham, Westchester County, New York; that on proceedings heretofore instituted by the Town of Pelham under Section 36 of the County Law relating to the establishment of disputed boundary lines between Towns, the Board of Supervisors of the County of Westchester on or about March 16th, 1898, passed an act entitled

'An act to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to Sections 36 of Chapter 686 of the Laws of 1892 and acts amendatory thereof and supplementary thereto by the Board of Supervisors of the County of of Westchester at a regular meeting duly assembled on the 16th day of March, 1898 at least two-thirds of all the members elected thereto, being present, and voting therefor, 28 votes being cast in favor of and 1 vote against its passage, do enact as follows:

'Section 1.  Whereas the boundary line between the Towns of Pelham and New Rochelle has been in dispute and application having been duly made in accordance with the statute to have such boundary located and defined.

'Section 2.  Therefore, resolved, that the disputed portion of said boundary line between the Towns of Pelham and New Rochelle shall be and the same is hereby fixed, located established and defined as follows:

'Beginning at its northern point at the centre of the Hutchinson River, seventy-three feet south of the centre of the bridge known as the Archer Bridge, and running thence southerly through or about the north end of the stone wall at the northeast corner of the Jacob Heller property, marked 'O' upon a map, and through the intersection of the old stone wall forming the boundary line between the properties of B. F. Corlies, Sycamore Park and others, with the stone wall marking the southerly side of the old Boston Post Road, said intersection of said straight line with the line surveyed by Schuyler & Crosby as the Town Line, south of the angle at the northerly edge of the big swamp as shown on map No. 615 on file in the office of the Register of Westchester County, said intersection point being marked 'C' upon annexed map.

'The said dividing line between the towns as herein described being the same as near as can be determined as shown upon a map made by Captain Bond, in the year 1811 and as laid down on a copy of said map made by John Davenport in 1798 and now on file in the office of the State Engineer and surveyor.

'Section 3.  This act shall take effect immediately.'

That thereafter said board adjourned; that thereafter and on or about April 15th, 1898 the Board of Supervisors of Westchester County composed of supervisors from the different cities and towns of the County of Westchester elected in the Spring election of 1898, met in special meeting; that at said meeting the Supervisor of the Town of New Rochelle, Michael J. Dillon, offered the following resolution and proposed act, entitled 'An Act or resolution to appeal.'

'An Act to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to Section 36 of Chapter 686 of the Laws of 1892 and acts amendatory thereof and supplementary thereto, by the Board of Supervisors of the County of Westchester, at a regular meeting duly assembled on the 16th day of March, 1898,' which resolution was laid upon the table.

That on or about April 22nd, 1898 said resolution and proposed act was taken from the table and submitted to a vote of the said Board of Supervisors by the chairman thereof, Chauncey T. Secor, against the objection and protest of the relator in the following words:

'That the Board of Supervisors have no jurisdiction on the ground that the line has been established by a previous board and that the act has become a part of the Statute Law of the State of New York, and that if New Rochelle disputes the boundary line as established by that act, the only way that another line can be established is by petition to this board in accordance with Section 36 of the County Law under which the present line was established.'

That said resolution received an affirmative vote of 16 supervisors and a negative vote of 12; that said Chauncey T. Secor as chairman thereupon declared said resolution and act carried and thereafter Edwin R. Hopkins as clerk of said board, thereupon entered said decision in his minutes.  That said Chauncey T. Secor thereupon, upon motion made, appointed a committee to pass upon the question of the alleged disputed boundary line between said Towns of Pelham and New Rochelle, and the said clerk entered said resolution and appointment in his minutes of said board meeting.  That the said Board of Supervisors of the County of Westchester consists, and on April 15th and 22nd, 1898, did consist of 22 members.  That by Section 17 of the County Law it is provided that every act or resolution of the Board of Supervisors shall require for its passage the assent of a majority of the supervisors elected.  That said alleged act or resolution of April 22nd required for its passage the affirmative vote of 17 supervisors; that the aforesaid decision of said Chauncey T. Secor as chairman was contrary to the law in such cases made and provided, and was illegal and wrong; that he should have declared such resolution or act to appeal lost, and rejected; and that the motion to appoint a committee upon the question of the alleged disputed boundary line between the Towns of Pelham and New Rochelle should not have been entertained by said Chauncey T. Secor as chairman, nor should he have appointed a committee thereunder.  That said unlawful and illegal acts of said Chauncey T. Secor caused said Edwin R. Hopkinsas Clerk of the Board of Supervisors to enter upon the minutes of the meetings of said board of April 15th and 22nd, 1898 a record of wrongful and illegal acts.

And after hearing G. K. Heath, Esq., in Support of the motion and J. Addison Young, Esq. in opposition theretof,

Now on motion of Henry G. K. Heath, Esq., attorney for the relator, 


It is ordered that a Peremptory writ of mandamus forthwith issue out of and under the seal of this court directed to Chauncey T. Secor as chairman of the Board of Supervisors of Westchester County; to Edwin R. Hopkins as clerk of the Board of Supervisors of Westchester County and to The Board of Supervisors of Westchester County, requiring said Chauncey T. Secor as Chairman of the Board of Supervisors of Westchester County to declare lost and rejected the proposed resolution or act offered by Michael J. Dillon as supervisor of the Town of New Rochelle, entitled 'An act or resolution to repeal.'

'An Act to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to section 36 of Chapter 686 of the Laws of 1892 and acts amendatory thereof and supplementary thereto, by the Board of Supervisors of the County of Westchester, at a regular meeting duly assembled on the 16th day of March, 1898,' which proposed resolution or act was submitted to the vote of the Board of supervisors of Westchester County on April 22nd, 1898; and further to declare out of order a certain resolution offered at the meeting of said board on April 22nd, 1898, empowering said Chauncey T. Secor as chairman to appoint a committee to pass upon the question of the disputed boundary line between the Towns of Pelham and New Rochelle, and to revoke said appointment of said committee made thereunder.  And requiring said Edwin R. Hopkinis as clerk of the Board of Supervisors of Westchester County to correct the minutes of the meeting of said board on April 22nd, 1898, so that it shall appear that said resolution offered by Michael J. Dillon on April 16th, 1898, to repeal the act of March 16th, 1898, and which was submitted to the vote of the Board of Supervisors on April 22nd, 1898, was lost and rejected.  That the motion or resolution to appoint a committee to pass upon the disputed boundary line between the Towns of Pelham and New Rochelle offered on April 22, 1898, was declared out of order by the chairman of this board, and that no committee was appointed thereunder.

And requiring you, the Board of Supervisors of the County of Westchester, to forthwith convene at the County Court House in the village of White Plains to take such proceedings as may be necessary to carry into effect the order of this court as contained in said writ of peremptory mandamus to be issued thereunder.

It is further ordered that the relator recover from the defendants the sum of ten dollars costs of these proceedings.

Enter.

J. O. DYKMAN, J. S. C.

Supreme Court, Westchester County.

The People of the State of New York on the relation of John M. Shinn as Supervisor of the Town of Pelham

--  against  --

Chauncey T. Secor as Chairman of the Board of Supervisors of Westchester County, Edwin R. Hopkins as Clerk of the Board of Supervisors of Westchester County and The Board of Supervisors of Westchester County.

EXHIBIT B

The People of the State of New York to Chauncey T. Secor as Chairman of the Board of Supervisors of Westchester County; to Edwin R. Hopkins as Clerk of the Board of Supervisors of Westchester County:

Whereas the relator as Supervisor of the Town of Pelham has upon due notice to all of the defendants herein made application to this court at a special term thereof, held in and for the County of Westchester, for a writ of Peremptory Mandamus directed to the defendants herein to have said defendants perform their several duties as prescribed by law, and

Whereas this Court has by order duly made and entered in the office of the Clerk of the County of Westchester on the 21st day of May, 1898, ordered and directed that a writ of peremptory Mandamus issue directed to the defendants as prayed for in the application of the relator herein.

Now therefore, we being willing that full and speedy justice be done in your behalf,

Command you and each of you firmly enjoying that immediately upon the receipt of this writ that 

You the said Chauncey T. Secor as Chairman of the Board of Supervisors of Westchester County to declare lost and rejected the proposed resolution or act offered by Michael J. Dillon as Supervisor of the Town of New Rochelle entitled 'An act or resolution to repeal.'

'An Act to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to Section 36 of Chapter 686 of the Laws of 1892 and acts amendatory thereof and supplementary thereto, by the Board of Supervisors of the County of Westchester, at a regular meeting duly assembled on the 16th day of March, 1898.

Which proposed resolution or act was submitted to the vote of the Board of Supervisors of Westchester County on April 22nd, 1898, and that you declare out of order a certain resolution offered on said April 22nd, 1898, empowering you as chairman to appoint a committee to pass upon the question of the disputed boundary line between the Towns of Pelham and New Rochelle and that you revoke the appointment of such committee made under the foregoing resolution.

That you Edwin R. Hopkins, as Clerk of the Board of Supervisors of Westchester County correct the minutes of the meeting of the Board of Supervisors of Westchester County of April 22nd, 1898, so that it shall appear that said resolution offered by Michael J. Dillon on April 15th, 1898, to repeal the act of March 16, 1898, was lost and rejected.  That the motion to appoint a committee to pass upon the disputed boundary line between the Towns of Pelham and New Rochelle offered on April 22nd, 1898, was declared out of order by the chairman of said board, and that no committee was appointed thereunder.

And that you The Board of Supervisors of Westchester County forwith convene at the County Court House in the village of White Plains to take such proceedings as may be necessary to carry into effect the mandate of this court as provided in this writ.

LEVERETT F. CRUMB, 
(Westchester Couonty Seal)     Clerk.

The People of the State of New York 
to
The Board of Supervisors of the County of Westchester, and to the Town of New Rochelle.

Whereas, The Town of Pelham in the County of Westchester, by John M. Shinn, its supervisor has presented to the supreme court of the state of New York, on the 13th day of July, 1898, the fact upon affidavit that the board of supervisors of Westchester County, without jurisdiction and legal authority, are about to and threaten to entertain and pass a motion offered by Michael J. Dillon, supervisor of the town of New Rochelle, which would set aside and repeal an act of said board, duly passed March 16th, 1898, fixing the disputed boundary lines between the towns of New Rochelle and Pelham, after having heard all parties interested upon proceedings instituted to fix and determine such disputed boundary line pursuant to Section 86, of the county law.

Wherefore, The Town of Pelham, has prayed relief of our court and our writ of prohibition in that behalf, we therefore being willing that the laws of our state should be observed, do command youo that you desist and refrain from taking any action upon a certain proposed resolution or motion offered by Michael J. Dillon, as supervisor of the town of New Rochelle, May 31st, 1898, to reconsider a vote by which the repeal resolution and act, relating to the boundary line between the towns of New Rochelle and Pelham Manor [sic], was declared adopted at a meeting of this board, and that said board desist and refrain from taking action of any nature tending to affect the act of March 16th, 1898, passed by said board, fixing the disputed boundary line between the towns of New Rochelle and Pelham, and that you show cause before a special term of the supreme court, of the state of New York, at a special term thereof to be held at the county court house, in the village of White Plains, Westchester County, on the 23rd day of July, 1898, at ten o'clock in the forenoon or as soon thereafter as counsel can be heard, why you should not be absolutely restrained from any further proceeding in respect to said act of March 16th, 1898, which fixed and determined the disputed boundary line between the towns of New Rochelle and Pelham, and from all and any action tending in any manner to effect, limit or avoid said act of March 16th, 1898.

Witness, Hon. William D. Dickey, justice of the supreme court, in and for the second judicial department, at the county court house, in the city of New York, Borough of Brooklyn, and county of Kings, this 13th day of July, 1895.

By the Court,
[SEAL.]     LEVERETT F. CRUMB, Clerk.

HENRY G. K. HEATH, 
Attorney for Relator, 
Office and P. O. Address,
No. 6, Union Avenue,
New Rochelle, N. Y.

At a special term of the supreme court, held in and for the second judicial department, at the county court house, in the city of New York, Borough of Brooklyn, and county of Kings, on the 13th day of July 1898.

Present, Hon. William D. Dickey, Justice.

The People of the State of New York, on the Relation of the Town of Pelham,

against,

The Board of Supervisors of the County of Westchester, and the town of New Rochelle.

On reading and filing the petition of John M. Shinn, Supervisor of the town of Pelham, verified July 13th, 1898, and on motion of Henry G. Heath, attorney for said petitioner.

It is ordered that a writ of prohibition issue out of this court, to the board of supervisors of Westchester County, and to the town of New Rochelle, commanding the said board of supervisors of Westchester County, to desist and refrain from taking any action upon a certain proposed resolution or motion offered by Michael J. Dillon, as supervisor of the Town of New Rochelle, on May 31st, 1898, to reconsider a vote by which the repeal resolution and act, relating to the boundary line between the towns of New Rochelle and Pelham, was declared adopted at a meeting of said board, held on April 22nd, 1898, and that the same lay over and be acted upon at the next special or regular meeting of this board, and that said board desist and refrain from taking any action of any nature tending to affect the act of March 16th, 1898, passed by said board, fixing the disputed boundary lie between the towns of New Rochelle and Pelham, and that said writ be returnable on the 23rd day of July next, at the opening of the court on that day, at a special term of this supreme court to be held in the county court house in the village of White Plains, Westchester County.

Enter in Westchester Co.

Enter

WILLIAM D. DICKEY,
J. S. C.

Granted July 13, 1898.
WM. P. GREEST,
Clerk.

Mr. Dillon presented the following order of the court 'denying motion for writ of prohibition' and moved that all papers in the case be entered upon the minutes, which motion was declared carried:

At a special term of the supreme court held in the county court house, in White Plains, on the 23d day of July, 1898.

Present -- Hon. Martin J. Keogh, Justice.

The People of the State of New York, on the relation of John M. Shinn, as Supervisor of the town of Pelham

against

Chauncey T. Secor, as Chairman of the Board of Supervisors of Westchester County, Edwin R. Hopkins, as Clerk of the Board of Supervisors of Westchester County, and the Board of Supervisors of Westchester County.

The defendant herein, the board of supervisors of Westchester County, having by their counsel appeared when the writ of prohibition granted herein was returnable and filed their separate return thereto, and the town of New Rochelle also having appeared by its counsel and filed a return to said writ of prohibition.  Now, after reading and filing the affidavit upon which the writ of prohibition was granted and the order for said writ of prohibition, and the writ of prohibition bearing date July 13th, 1898, and after reading and filing the said returns of said writ made as aforesaid, that after hearing Henry G. K. Heath, Esq., in support of a motion for a permanent order or writ of prohibition, in the above entitled proceedings, and J. Addison Young, the attorney for the defendants, aforesaid, in opposition to said motion.

It is ordered and adjudged, that said motion be and the same hereby is denied, and that the relator is not entitled to a writ of prohibition absolute, and that his application therefore be and the same hereby is denied.

It is further ordered that the said defendants recover from the said relator, the sum of ten ($10) dollars costs on this motion.

MARTIN J. KEOGH,
Justice.

State of New York, Office of the County Clerk of Westchester County. } ss.:

I have compared the preceding with the original order denying motion, filed in this office on the 10th day of September, 1898, and do hereby certify the same to be a correct transcript therefrom and of the whole of such original.

In testimony whereof, I have hereunto subscribed my name, and affixed my official seal this 10th day of March, 1899.

(Seal) 

LEVERETT F. CRUMB,
County Clerk of Westchester Co. . . . 

 Mr. Dillon moved a reconsideration of the vote just taken on the resolution presented by him, which motion was declared lost.

Mr. Dillon offered the following act:

An act to repeal an act entitled, 'An act to fix, locate, establish and define the disputed boundary line between the towns of Pelham and New Rochelle, in the county of Westchester, passed pursuant to Section 36 of Chapter 686 of the laws of 1892, and acts amendatory thereof and supplementary thereto, by the Board of Supervisors of the county of Westchester, at a regular meeting assembled on the 16th day of March, 1898.'

Section 1.  The act passed by the board of supervisors of Westchester County, on March 16th, 1898, entitled, 'An act, to fix, locate, establish and define the disputed boundary line between the towns of Pelham and New Rochelle, in the county of Westchester, passed pursuant to Section 36 of Chapter 686 of the laws of 1892, and acts amendatory thereof and supplementary thereto, by the board of supervisors of the county of Westchester, at a regular meeting assembled on the 16th day of March, 1898,' is hereby repealed.

(Continued on fourth page.)

Board of Supervisors.
-----
(Continued from first page.)

Section 2.  This act shall take effect immediately.

Laid over. . . ."

Source:  Annual Session OF THE Board of Supervisors, Westchester County, N. Y. 1898-'99, The Eastern State Journal [White Plains, NY], Mar. 18, 1899, Vol. LIV, No. 52, p. 1, cols. 4-8 & p. 4, col. 1.

Archive of the Historic Pelham Web Site.

Labels: , , , , , , , , , ,