Showing posts sorted by relevance for query daniel brawley. Sort by date Show all posts
Showing posts sorted by relevance for query daniel brawley. Sort by date Show all posts

Saturday, March 31, 2012

Daniel Franklin Brawley's Sad End




The last time we saw Daniel F. Brawley, he was conducting some rather underhanded business tactics against another resident named Nathan Myrick, over the Pembina/St. Vincent Ferry.

Below is a sort of time-line of Brawley's history in Minnesota.  It was created by Vince Godon on his fascinating website, Historical Minnesota Bricks. Vince is the son of Maurice Godon, a former resident of St. Vincent, who was featured in St. Vincent Memories in 2009.

Below, you'll read how he lived during changing times in Minnesota, as businessman, legislator, etc.  In the end, he died by his own hand, in St. Vincent, and is buried in the St. Vincent Cemetery...


Friday, March 09, 2007

Business Law, Early St. Vincent Style

That litigous Brawley1 strikes again2...!
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33 Minn. 377

NATHAN MYRICK
vs.
DANIEL F. BRAWLEY and another, impleaded, etc.

Supreme Court of Minnesota.
May 25, 1885.


Ferry crossing Red River at St. VincentBy Sp. Laws 1876, c. 132, the defendant Daniel F. Brawley was granted a special ferry franchise for the Red river, at St. Vincent, upon the conditions stated in the opinion. This act of the legislature was repealed by Sp. Laws 1881, c. 364, approved February 24, 1881. On May 20, 1879, defendant Brawley assigned to plaintiff one-half interest in the ferry franchise. In April, 1881, the county commissioners of Kittson county, under the authority of Sp. Laws 1881, c. 364, granted to defendant Brawley an exclusive right and license to maintain and operate a ferry across the Red river, at St. Vincent, which right and license were exercised by the defendants to the exclusion of the plaintiff.

Plaintiff, alleging that the defendant Brawley, for the purpose of cheating and defrauding the plaintiff, and by false and fraudulent representations, procured the passage of the repealing act of 1881, brought this action in the district court for Ramsey county to have the repealing act declared null and void, and asking for an accounting and division of the receipts and profits derived from the maintenance and operation of the ferry under the license granted by the county commissioners.

The action was tried by Brill, J., who found, among other facts, that no ferry was kept or maintained during 1877 and the greater part of 1878, and, as a conclusion of law, held the repealing act of 1881 valid, and directed judgment for defendants, which was entered and the plaintiff appealed.

William Barrett and E. F. Lane, for appellant.

J. M. Gilman, for respondents.

GILFILLAN, C. J.

By Sp. Laws 1876, c. 132, the legislature of this state granted to defendant Brawley, his heirs, executors, administrators, or assigns, the exclusive right and privilege, for a period of 10 years, of keeping and maintaining a ferry across the Red river at St. Vincent, in the county of Pembina. Section 2 of the act provides that "the said Daniel F. Brawley shall, within six months after the passage of this act, place and maintain upon such ferry such good and sufficient boat or boats as may be necessary to carry across said river all teams, horses, cattle, and other property, and for the accommodation of foot passengers, and shall at all times give ready and prompt attention to passengers and teams on all occasions, and at all hours of the day and night." Section 7 reads: "If the said Daniel F. Brawley, his heirs or assigns, fail to fulfil any of the conditions of this act, then the legislature may, at any time, alter, amend, or repeal the same." Brawley transferred a one-half interest in the ferry to plaintiff. As found by the court below, the conditions...
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1 Read about Brawley and his high hopes for St. Vincent in this earlier post...

2 Brawley appears to have had a habit of trying to force his hand...
96 U.S. 168

24 L.Ed. 622

BRAWLEY
v.
UNITED STATES.

October Term, 1877
APPEAL from the Court of Claims.


This is a petition by Brawley to recover the amount of eight hundred and forty cords of wood, at $3.99 per cord, which the claimant alleges that he was prepared and ready to furnish, under a contract entered into by the claimant with Lieutenant-Colonel Holabird, Deputy Quartermaster-General United States Army, in May, 1871. The principal article, and that on which the present controversy arises, was in the following words:

'I. That the said Daniel F. Brawley, his heirs, assignees, administrators, and executors, shall sell, furnish, and deliver, cut and split in lengths of four (4) feet, duly piled or corded under the direction and supervision of the post-quartermaster, within the enclosure of the post of Fort Pembina, Dakota Territory, eight hundred and eighty (880) cords of sound, of first quality, of merchantable oak wood, more or less, as shall be determined to be necessary, by the post-commander, for the regular supply, in accordance with army regulations, of the troops and employees of the garrison of said post, for the fiscal year beginning July 1, 1871, and ending June 30, 1872. The delivery of eight hundred and eighty (880) cords to be completed on or before Jan. 1, 1872; but any additional number of cords of wood that may be required over and above that amount may be delivered from time to time, regulated by the proper military authorities, based upon the actual necessities of the troops for the period above mentioned; provided, that if the wood be less than four (4) feet in length, due allowance shall be made for such shortage by an increased quantity, the cubical contents of the wood being measured in all cases. Delivery on this contract to begin on or before July 15, 1871, unless the time be extended by the commanding officer of the post.'

It appears by the findings of the Court of Claims that said contract was entered into in pursuance of an estimate made by the proper officer of the quartermaster's department, and after an advertisement for proposals, upon which the claimant made a bid which was accepted,—the quantity named being eight hundred and eighty cords of wood or more. The bids were opened April 15, 1871. The contract was awarded to the claimant May 6, 1871, but, although dated on that day, it was not executed until about the 14th of June. About the 18th of the latter month, the post-commander of Fort Pembina first learned of it, and informed the claimant that but forty cords of wood would be required thereon, and forbade his hauling...

Monday, November 28, 2005

St. Vincent Boom Times, Part I

Old Times In The Red River Valley: St. Vincent, "Uncle John," The Pacific Hotel, "Col. Flake," Boom and Bust
By George B. Elliott

No. 5
The Northwestern Farmer and Breeder
20 September 1886

"The Valley of Eden" had its Tapley "who was always jolly under difficulties, but it was left to the Red River Valley to have a man who was "the same" no matter whose lot was "criss-cornered," or whose stake was pulled up. Uncle John Stewart is a type of a New Englander not often found in frost-bound latitudes. In the palmy days of '74 Uncle John was proprietor of the Exchange Hotel, Winnipeg, in which city he still has many warm friends.

The same fatality which drove many thousands to California in '49 induced Uncle John to erect the Pacific Hotel in what was then thought to be the coming Frisco of the Northwest - St. Vincent.

A man was found who could demonstrate to a certainty that what Helena was to Montana so would be St. Vincent to Minnesota. The Gamaliel who instilled this enthusiasm into the hearts of even old timers was "Colonel" Fiske, who on the completion of the St. Paul & Manitoba road to the International boundary line, was placed in charge of the town to "boom it or bust."

The road was completed early in the fall of 1878, and the scale of the boom which followed, though not such as occurred in the "Valley of Eden," was nevertheless the sliding variety.

Uncle John Stewart went into the middle of a poplar brush and cut out two lots on which he erected his Pacific Hotel. Jim White, who subsequently ran Huron City "for all it was worth," had declared that in '71 he had paddled all over St. Vincent in a dugout and shot ducks where the depot was located. Mac Cavileer corroborated this statement and produced a doubled barrel shotgun in order to relieve any one of any unnecessary doubts. Daniel Brawley, whose name must always be identified with that of St. Vincent, emphatically maintained that St. Vincent was "booming." Even when cross questioned by a citizen of Pembina, who invariably objected to the great future which was the alleged destiny of St. Vincent, Brawley would remark that it was "booming nevertheless."

The railway people, however, played sad pranks with St. Vincent. They scattered the place all over like sage brush on an Arizona cattle range. They put the depot in one place, they ran a spur down to the river, and the inhabitants were informed that sometime in the near future they would build a jetty at the end of the spur, and Mr. William Moorhead, of Pembina, waggishly observed that they would eventually extend the jetty across the river and thus have a bridge. Then by way of variety the same railway company located their engine house about half a mile from the town. Then half way to Emerson they built another depot - a kind of an opposition establishment - and then about half a mile further east, in another direction, they built a section house. They scattered their buildings around promiscuously, expecting to see the town fill up in a hurry, but the town never filled up. It was attacked early - - in the first stage of its career, and it never rallied. Col. Fiske had build a ditch to drain a swamp which covered half the neighborhood, but the swamp after bestowing a portion of its contents into the ditch refused to part with the major portion of its contents. Still those who located at St. Vincent were there to stay; they had stout hearts, and it was not their fault if the place did not come up to the original anticipations.

There is no western town without its redeeming features, and when railway magnates induce people to locate at their terminal towns, they should stay with the people and not leave them to their fate. "Conductor, throw this town overboard, we've got to build another further on."

Nothing shocks your staid man from the East, more than the odd fashion the Western people have of living in tents and shacks, and then pulling up stakes and going off further west. The eastern man's momentum has been of the slow description; he cannot move fast at first, even if you kick him; his joins are stiff, and how can you expect him to move with the celerity of a western rustler? When he locates it is like the dump of a pile-driver, he makes an impression on the soil and there wants to remain and conduct matters in the old fashioned way, but the western man cannot allow such foggyism, and the eastern individual soon discovers that he must do likewise or be "a bump on a log." If he has snap he does "likewise;" if has not he remains as a surveyor's mark, sure to be found around the same old spot many years afterward.

The life incident to a new town in the west is real and earnest. Such activity as might have been observed about St. Vincent in the palmy days of its career was of the western type. Like Moorhead to Fargo, it defied its neighbor across the river, but the old inhabitants of Pembina shook their heads ominously. Mr. Moorhead would vary the occasional solemnity by observing that "he did not think it was fair to attack a place because it was hard to see." But when Col. Fiske undertook to interrupt the ferry and thus cut off communication with Pembina, Mr. Moorhead remarked that it was a "territorial offense" to interrupt communication across a navigable stream, and so Col Fiske was foiled, pending the question as to which side of the river was the stronger. It was not long before the people of the territorial town found that even a territory has rights, and so they continued to vindicate them.

For a long time St. Vincent bore the unequal struggle, first against the railway company then against Pembina; the latter, of course, being its natural rival. But between the contending forces from a thriving, ambitious town it was "flattened out" until natural growth would assist it. It was not without its virtues, and like many a railway terminus, its promoters were promised a great deal and the promises were not kept.

The price of lots went down from considerable to nothing. The town site company expended a good deal of money in making improvements "but the west side always" seems to have a withering effect on the right bank of the Red.

One of the incidents connected with the early history of St. Vincent was the celebration of the arrival of the first train. That was a glorious occasion! There was no dearth of champagne on the occasion either. There was a happy time for it really meant through trains to Winnipeg from the far East.. Many of the chief actors in that scene are gone - - among the number poor Brawley, "the member for St. Vincent" who certainly believed that some day his town would rival St. Paul.

The illustration shows the Pacific Hotel with Uncle John Stewart at the door, in his good, old fashioned way.

Many an interesting anecdote "Uncle John" is able to tell, for he has handled the ribbons in his time as a stage, and he can tell his story with a dry humor that is inimitable. A warm heart and a kind and hospitable landlord is "Uncle John" to all.

Tuesday, August 02, 2011

A Bad End

After all he did for the town, he ended his days sadly...
Daniel F. Brawley was an early settler to St. Vincent.  He was involved in many aspects of building the town early on.

The above news blurb appeared in a Manitoba newspaper in the late 1800's, sharing news of the sad end to Mr. Brawley...