A Political Dog Fight in Greenwood, Part Four
BY: BG EDITOR
Electing a Wild West Mayor
[ Puck, c. 1890 ]
Mar 16, 2019 GREENWOOD, BC (BG)
We opened this series on the political career of early Greenwood mayor, Thomas Jackson Hardy, with a comment from Duncan Ross, editor of the Boundary Creek Times:[1]
"During the recent municipal campaign it was freely mooted that promises were made to certain electors in the city in order to secure their votes and influence."
That was the opening rally of Hardy's term of political in-fighting. On one side was the Mayor and the close supporters who helped put him in office, a few of whom enjoyed preferential treatment when it came time to grade streets and lay water infrastructure. On the other side were the voters who had also been promised great things, but found themselves further back in the queue when it was time for the mayor to deliver.
Some of those who had helped put the mayor in office came to regret it when the dust settled, and only a select few of their neighbours had reaped the benefits while others were left hopping mad. We get the flavour, in this old poem about electing a wild west mayor (circa 1890):
Being the Experience of a Western Politician
in Conducting a Campaign
I ain't much, now, in politics,
But used to be a wonder
Out yonder in Montana state
Where politics is thunder.
One time we wanted Bill Cohoon
A winner and a stayer,
To save the people's liberties
By goin' in fer Mayor.
It suited Bill; and all of us,
As was to be expected,
Turned to, accordin' to our lights,
To git our man elected.
They give the job to me to steer,
Fer I could understand him,
And if they got him in at all,
I was the man to land him.
I hustled night and day for Bill,
I fixed the main guy voters,
And then with them to take a hand,
We rounded up the floaters.
We kep' the good work goin' on,
And when it come election,
The way we loaded up them polls
Was met with some objection.
But, I was there to pull for Bill,
Er lose my reputation,
And, gents, his vote was bigger than
The whole dern population.
Well, no, he didn't git the job;
You see, the way I run it
Was right, on principle; but, say,
I sorter overdone it.
~ William J. Lampton
Puck
Our last segment closed with the Mayor pulling a fast one on his fellow aldermen at the council table. By the end of October 1900, the Times editor was again giving Mayor Hardy a good dressing down.[2] The report, while lengthy, gives an excellent indication of early Greenwood's problems with spring flooding.
REAPING THE WHIRLWIND
The City Paying Heavy Penalties for Wrong Doing
Mayor Was Apparently Trying to Harass Political Opponents and the City Must Suffer From His Foolish Conduct Litigation and Useless Work Cost a Big Sum
"It was a dangerous thing to clothe with authority a gentleman who apparently was anxious to take advantage of the power conferred upon him, by virtue of his office, to satisfy political scores. It is also expensive. It was an easy matter for the mayor of the city to burden the ratepayers with increased debts in a vain effort to harass and embarass those who opposed his election. It was equally foolish on the part of the ratepayers to do or say nothing until nearly $20,000 must be the penalty for permitting the mayor to use the office of chief magistrate for the purpose of attempting to injure those who, while they may not have considered him a safe man to entrust with the affairs of the city, were still entitled to the protection of rights as citizens and ratepayers.
W. Waterland's success in securing substantial damages against the corporation of the city of Greenwood was but the natural result from the policy which Mayor Hardy apparently mapped out for himself since first elected some two years ago.
In his first election, his opponent was Mr. Ralph Smailes, manager of Rendell & Co. Several citizens considered Mr. Smailes the better man for the position, and in the exercise of their rights they strenuously opposed the election of Mr. Hardy. The majority of the ratepayers in their wisdom thought Mr. Hardy should be elected. They were entitled to their opinion and not one of their opponents thought they should be subjected to persecution on that account.
Mayor Hardy is constituted differently, however. Laboring under the impression that a political opponent is a personal enemy, his municipal career has been a series of efforts to punish those who opposed him. A flood of damage suits is the result. Unfortunately the ratepayers, and not the Mayor Hardy must pay the penalty.
In the firm of Rendell & Co., he thought he had an opportunity to secure three victims: Robt Wood, Ralph Smailes and Geo. Arthur Rendell. The firm began business in a modest way in the city; they prospered notwithstanding the mayor's opposition and the time came when they were ready to build a large block at the corner of Greenwood and Copper streets. Now their manager, Mr. Smailes, being a prudent business man, took the precaution to secure the city grade from the then city engineer. The building was erected at a cost of some $18,000 on this grade.
A Machevelian autocrat found here a glorious opportunity to get even. The grade was lowered 18 inches below that given to Rendell & Co. The street was lowered leaving the building in the air. This was in itself an expensive proceeding but the effects were far-reaching. Greenwood, the cross street, has also to be lowered to conform with Copper street. The lowering of Greenwood street left the water main above the frost line. The pipe had to be raised and buried deeper. The flume constructed to carry off the waters of Twin creek was left high above the street and a new flume had to be constructed.
That the grade was altered anyone looking at the Wallace-Miller block or the Bealey building in which H. B. Munroe does business, can easily see. Both these buildings were erected after Mr. C. Æ Shaw gave the grade for Copper street and both now stand from 12 to 18 inches above grade. The Hunter-Kendrick block would be in a similar position but it came out in evidence in the Rendell & Co. vs. the city, that Mayor Hardy gave the city engineer instructions to raise the grade in order to conform to the Hunter-Kendrick building.
Unfortunately for Mayor Hardy's position and the ratepayers, the courts do not look kindly upon political tactics of this nature. Rendell & Co. seeing that their protests were unavailing took the matter into the courts and secured $6,500 damages together with costs. This with the costs of the city totalled about $9,000. The council affected a compromise with Rendell & Co. for $5,000, each side to pay its own costs, but the mayor is endeavoring to thwart the council in its efforts to secure a reduction of this fee for damages, by refusing to sign the agreement covering this compromise.
It is naturally followed that since Rendell & Co.'s block was left 18 inches above grade that of Miller Bros. on the opposite side of Greenwood street, would be similarly affected. So Miller Bros. also brought suit for damages against the city which will be tried in a short time.
So much for trying to get even with Rendell & Co. His next victims were to be Messrs. Wood and Galloway. They with the Canadian Pacific Railway company own the greater portion of the land above Deadwood street. In order to improve the party, at their own expense, they cut a channel to straighten Boundary creek, but in order to afford a good drainage for their lots it was necessary to keep a waterway free along the old bed of Boundary creek. Mr. W. S. Fletcher in building the Auditorium building made provision for this. Then the city began to grade Deadwood street. Under the mayor's direction the grading was about to be carried out without making provision for the culvert on the old creek bed.
Mr. Wood went to him, pleaded with him, but the mayor was obdurate. Mr. Wood in his anger told the mayor a thing or two. He said: "I know what you want. You want to dam up what you call the swamp and next spring when high water comes you want to come down here and see water running over our property and then you can jeer and say and, "What a nice town-site!"
Other members of the council reasoned with the mayor but the culvert didn't go in. Mr. Wood's words came true. In the spring of the year high water came and having no outlet it backed up and flooded the valley. The mayor was there and saw it but history does not state whether he sneered at the nice townsite.
Unfortunately again for the mayor's reputation and the ratepayers there were others beside the townsite and the C.P.R. affected. Mr. Waterland had built and was running a large hotel when the waters came into his house and yard, damaging his property. He began an action against the city and the mayor, in his eagerness to escape the consequences of his actions of last year, swore at the examination for discovery that a stone culvert had been built across Deadwood street. This evidence would in all probability have knocked the Waterland case into a cocked hat were it not for the fact that the city engineer was a witness after Mr. Hardy and he of course told the truth by stating that no culvet had been built.
The result of the Waterland case is told in another column. Another burden is added to those already carried by the ratepayers. The most surprising part of the whole matter is that Rendell & Co. are still doing business and the townsite company has not yet gone into liquidation.
The mayor should either assure the ratepayers that he has satiated his appetite for getting after his political opponents, or the ratepayers should tell him that they do not care to put up any longer."
The City Paying Heavy Penalties for Wrong Doing
Mayor Was Apparently Trying to Harass Political Opponents and the City Must Suffer From His Foolish Conduct Litigation and Useless Work Cost a Big Sum
"It was a dangerous thing to clothe with authority a gentleman who apparently was anxious to take advantage of the power conferred upon him, by virtue of his office, to satisfy political scores. It is also expensive. It was an easy matter for the mayor of the city to burden the ratepayers with increased debts in a vain effort to harass and embarass those who opposed his election. It was equally foolish on the part of the ratepayers to do or say nothing until nearly $20,000 must be the penalty for permitting the mayor to use the office of chief magistrate for the purpose of attempting to injure those who, while they may not have considered him a safe man to entrust with the affairs of the city, were still entitled to the protection of rights as citizens and ratepayers.
W. Waterland's success in securing substantial damages against the corporation of the city of Greenwood was but the natural result from the policy which Mayor Hardy apparently mapped out for himself since first elected some two years ago.
In his first election, his opponent was Mr. Ralph Smailes, manager of Rendell & Co. Several citizens considered Mr. Smailes the better man for the position, and in the exercise of their rights they strenuously opposed the election of Mr. Hardy. The majority of the ratepayers in their wisdom thought Mr. Hardy should be elected. They were entitled to their opinion and not one of their opponents thought they should be subjected to persecution on that account.
Mayor Hardy is constituted differently, however. Laboring under the impression that a political opponent is a personal enemy, his municipal career has been a series of efforts to punish those who opposed him. A flood of damage suits is the result. Unfortunately the ratepayers, and not the Mayor Hardy must pay the penalty.
In the firm of Rendell & Co., he thought he had an opportunity to secure three victims: Robt Wood, Ralph Smailes and Geo. Arthur Rendell. The firm began business in a modest way in the city; they prospered notwithstanding the mayor's opposition and the time came when they were ready to build a large block at the corner of Greenwood and Copper streets. Now their manager, Mr. Smailes, being a prudent business man, took the precaution to secure the city grade from the then city engineer. The building was erected at a cost of some $18,000 on this grade.
A Machevelian autocrat found here a glorious opportunity to get even. The grade was lowered 18 inches below that given to Rendell & Co. The street was lowered leaving the building in the air. This was in itself an expensive proceeding but the effects were far-reaching. Greenwood, the cross street, has also to be lowered to conform with Copper street. The lowering of Greenwood street left the water main above the frost line. The pipe had to be raised and buried deeper. The flume constructed to carry off the waters of Twin creek was left high above the street and a new flume had to be constructed.
That the grade was altered anyone looking at the Wallace-Miller block or the Bealey building in which H. B. Munroe does business, can easily see. Both these buildings were erected after Mr. C. Æ Shaw gave the grade for Copper street and both now stand from 12 to 18 inches above grade. The Hunter-Kendrick block would be in a similar position but it came out in evidence in the Rendell & Co. vs. the city, that Mayor Hardy gave the city engineer instructions to raise the grade in order to conform to the Hunter-Kendrick building.
Unfortunately for Mayor Hardy's position and the ratepayers, the courts do not look kindly upon political tactics of this nature. Rendell & Co. seeing that their protests were unavailing took the matter into the courts and secured $6,500 damages together with costs. This with the costs of the city totalled about $9,000. The council affected a compromise with Rendell & Co. for $5,000, each side to pay its own costs, but the mayor is endeavoring to thwart the council in its efforts to secure a reduction of this fee for damages, by refusing to sign the agreement covering this compromise.
It is naturally followed that since Rendell & Co.'s block was left 18 inches above grade that of Miller Bros. on the opposite side of Greenwood street, would be similarly affected. So Miller Bros. also brought suit for damages against the city which will be tried in a short time.
So much for trying to get even with Rendell & Co. His next victims were to be Messrs. Wood and Galloway. They with the Canadian Pacific Railway company own the greater portion of the land above Deadwood street. In order to improve the party, at their own expense, they cut a channel to straighten Boundary creek, but in order to afford a good drainage for their lots it was necessary to keep a waterway free along the old bed of Boundary creek. Mr. W. S. Fletcher in building the Auditorium building made provision for this. Then the city began to grade Deadwood street. Under the mayor's direction the grading was about to be carried out without making provision for the culvert on the old creek bed.
Mr. Wood went to him, pleaded with him, but the mayor was obdurate. Mr. Wood in his anger told the mayor a thing or two. He said: "I know what you want. You want to dam up what you call the swamp and next spring when high water comes you want to come down here and see water running over our property and then you can jeer and say and, "What a nice town-site!"
Other members of the council reasoned with the mayor but the culvert didn't go in. Mr. Wood's words came true. In the spring of the year high water came and having no outlet it backed up and flooded the valley. The mayor was there and saw it but history does not state whether he sneered at the nice townsite.
Unfortunately again for the mayor's reputation and the ratepayers there were others beside the townsite and the C.P.R. affected. Mr. Waterland had built and was running a large hotel when the waters came into his house and yard, damaging his property. He began an action against the city and the mayor, in his eagerness to escape the consequences of his actions of last year, swore at the examination for discovery that a stone culvert had been built across Deadwood street. This evidence would in all probability have knocked the Waterland case into a cocked hat were it not for the fact that the city engineer was a witness after Mr. Hardy and he of course told the truth by stating that no culvet had been built.
The result of the Waterland case is told in another column. Another burden is added to those already carried by the ratepayers. The most surprising part of the whole matter is that Rendell & Co. are still doing business and the townsite company has not yet gone into liquidation.
The mayor should either assure the ratepayers that he has satiated his appetite for getting after his political opponents, or the ratepayers should tell him that they do not care to put up any longer."
The Waterland case mentioned above added another $3,000 to the taxpayers' tab for legal settlements. This time, the money went to Walter Waterland, owner of the Miner's Hotel. His property was also submerged by high waters the previous spring. It was Robert Wood's evidence that secured the win for Waterland. He, along with the city engineer, gave testimony that contradicted the mayor's story.[3]
The city engineer had advised Mayor Hardy that unless a flume or culvert was put in at the Deadwood street crossing, there would certainly be a flood when the spring freshet came. The Mayor swore that a culvert had been put in, but the CPR engineer said such a culvert as Hardy described was totally useless.
Robert Wood gave evidence to the court that in 1899, when Deadwood street was being filled in, he had protested against filling in the old creek bed without a flume. He even offered to pay for it, if the city would install it, but he was snubbed by Mayor Hardy. When giving his evidence to the court, Hardy denied having been warned by Wood, and said the city had indeed put in a proper flume and drainage. The court believed Wood and the engineer, not the mayor.
The final months of 1900 saw a politically diminished Mayor Hardy avoiding some council meetings. In November he instead went to Rossland one week, still obstinately refusing to sign the Rendell deal. The next week he skipped an important Greenwood speaking engagement, instead going to Phoenix. Behind the scenes, however, Hardy was still pulling dirty strings:[4]
"The sidewalk opposite the Rendell block went down to the street level yesterday morning. As announced elsewhere, Mayor Hardy made a request to the council as a ratepayer that the sidewalk should be lowered and the work was carried out under the suprintendence of his brother, D. D. Hardy. City Engineer Alston failed to secure men who would do the mayor's dirty work. The lowering of the sidewalk at the present time after assurance from the council that it would not be interfered with during cold weather is a striking exhibition of how large a small man's hate can grow."
Ignoring the wishes of the council majority, and refusing to keep his own promises, T. J. Hardy boldly took city business into his own hands. Naturally, this drew the wrath of editor Ross[5]. He reported that the mood at the next weekly council meeting was expected to be so contentious that one alderman, choosing not to attend, instead sent a bottle of Scotch and a box of cigars that might cheer the proceedings. It apparently didn't help. That night the mayor faced a full majority standing against his position, and there were more guests in the audience than there were aldermen present. Hardy's business partner, Duncan Macintosh was there, perhaps to support him. Also in attendance was Mr. Harry Shaw, legal counsel for Rendell & Co., who demanded that either the mayor sign the settlement agreement and council deliver the papers to him, or he would bring yet another legal action against them for failure to act.
By the end of November, Mayor Hardy finally surrendered and signed the Rendell & Co. agreement, settling to pay damages of $5,000.[6] At the December 13th meeting the Mayor was again absent from council, although the city solicitor was there, presenting his bill. The city engineer also came to report that he wouldn't be back for a new work term.
The Times that week also reported that a new slate of candidates had been organized for Mayor and aldermen in the coming election. In January 1901, Dr. Jakes won the election for Mayor, edging out Duncan Ross.[7]
Thomas Hardy returned to 'civilian life' and his personal business with the Russell-Law- Caulfield company, one of the three largest mercantile firms in Greenwood.[8] Hardy's business partners in the firm were James Russell, William Law, J. J. Caulfield, and Duncan McIntosh. Thomas Hardy and James Russell had been in the hardware business together for three years, as the Russell Hardware company.
Although Dr. Jakes won the 1901 election for Mayor, it's interesting to note that Thomas J. Hardy's own partner, J. J. Caulfield nominated Duncan Ross for mayor the editor who had given the mayor such a hard time in the opinion pages. This perhaps had something to do with a headline in the January 15th Times, which announced:[9]
THE VOTERS' LIST IS STUFFED
The Three Police Commissioners, Mayor Hardy, Alderman Sutherland and
C. J. M'ARTHUR HAVE FRADULENTLY
Added names to the City List Miners in Deadwood Camp Voters in Greenwood A Desperate Effort to Win
The Three Police Commissioners, Mayor Hardy, Alderman Sutherland and
C. J. M'ARTHUR HAVE FRADULENTLY
Added names to the City List Miners in Deadwood Camp Voters in Greenwood A Desperate Effort to Win
Like the devious campaign manager in the poem above on the electing of wild west mayors, it seems that the voter registration list was stacked by Thomas Hardy and his associates. The skullduggery behind this move was brilliant: Hardy & co. had allegedly transferred Greenwood district property to individuals who otherwise wouldn't meet the residence requirements to vote and did so without their knowledge!
The expose of this campaign chicanery was undoubtedly penned by one of the candidates himself Duncan Ross, who ended up losing to Mayor Jakes:
"No sooner had Messrs. Sutherland and McArthur successfully stuffed the [voter] list than they circulated a petition asking Dr. R. W. Jakes to become a candidate for the office of mayor. The doctor announces his candidature and accompanied by M. Kane, the secretary of the Miners' Union, he goes to the Sunset and Mother Lode mines and interviews the miners, for what purpose? Not to strengthen them in their resolve not to take advantage of a franchise so fraudulently placed in their hands, but to appeal to them to come to Greenwood and vote for him.
In the mine, in the bunk house, in the cabin, the story was told, they were wanted in Greenwood to assist in the election of Dr. Jakes. The majority of the men, if left alone, would not exercise such a franchise, but when the mine doctor, backed by the secretary of the Miners' Union, uses their influence on them, it is not surprising that some of them should have doubts regarding the course to pursue.
The situation is simply intolerable. The future of the town has already been jeopardized by the acts of a man who leaves it, and who leaves as his representative another gentleman whose home is in Midway and who expects to be elected mayor of Greenwood by the aid of a fraudulent and outside vote. Surely if the city is to have a chance, it is time that Greenwood men and Greenwood voters should control its affairs."
In the mine, in the bunk house, in the cabin, the story was told, they were wanted in Greenwood to assist in the election of Dr. Jakes. The majority of the men, if left alone, would not exercise such a franchise, but when the mine doctor, backed by the secretary of the Miners' Union, uses their influence on them, it is not surprising that some of them should have doubts regarding the course to pursue.
The situation is simply intolerable. The future of the town has already been jeopardized by the acts of a man who leaves it, and who leaves as his representative another gentleman whose home is in Midway and who expects to be elected mayor of Greenwood by the aid of a fraudulent and outside vote. Surely if the city is to have a chance, it is time that Greenwood men and Greenwood voters should control its affairs."