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of the proprietor or either of the proprietors of the aforesaid company making such investments, on the books of accounts kept by the aforesaid company.

Article fifth—It is furthermore understood, that for the amount of money or property that any one of the proprietors of the aforesaid company shall invest, advance, or pay for the benefit or use of the aforesaid company, more than his proportional share of the whole amount of money or property invested by the aforesaid company, the same amount of money, with interest, shall be paid or refunded back to said proprietor by the aforesaid company, out of the first proceeds arising from the business done by the company aforesaid.

      Article sixth—It is furthermore understood, that in case any one of the aforesaid proprietors should at any time hereafter be disposed to sell, transfer or dispose of his share of stock owned in the aforesaid company, he shall first pay to said company all the liabilities or indebtedness of said share of stock, and then give said company the preference of purchasing and owning said share of stock, at the same rates by which said proprietor may have an opportunity to sell said shares of stock.

      Article seventh—It is furthermore understood that the proprietors of the aforesaid company, individually, shall have no right, or power, to sign any obligation or due bill, make any contract, or transact any business of importance in the name of, or binding on, the aforesaid company, except some one proprietor of the aforesaid company should hereafter be fully authorized by the aforesaid company to act and transact business as agent for the aforesaid company.

      In testimony whereof, we hereunto set our hands and seals this twenty-sixth day of October, Anno Domini eighteen hundred and forty-three.

      John Mckusick,

       Elam Greely,

       Elias Mckean,

       C. F. Leach.

      Attest: C. Simonds.

      This agreement and dates are taken from the original book of records in the possession of John McKusick.

      After this agreement was signed, until Mr. McKusick became the sole owner, the business was conducted by mutual agreement, there being no constituted agent, except in case of an emergency.

      The mill boarding house, a two story building, erected in 1845, was burned in 1846, and immediately rebuilt. In 1846 J. H. Brewster built a small store. McKusick's store was built the same year, on the southwest corner of Main and Myrtle streets. Some smaller buildings were erected this year.

In 1845 a verbal agreement was made with regard to land claims, by which Brown's claim was recognized as extending along the lake shore north of Battle Hollow, where the Minnesota state prison now stands. South of Battle Hollow, along the lake shore to Nelson, extending three-fourths of a mile west, was the claim of the mill company, originally held by Fisher. South of Nelson's alley, one-half mile down the lake, three-fourths of a mile west, was S. Nelson's claim. When the government survey was made these claims and lines were amicably adjusted and confirmed. A congressional law was in existence making provisions for villages and cities built on unsurveyed lands, that such lands should be equitably divided and surveyed into lots, and the actual settler or occupant should be protected in his rights.

      In May, 1846, a desire was expressed by citizens of St. Paul and Stillwater for the opening of new roads between these cities. The traveled road up to that time was by Haskell's and Bissell's Mounds. Louis Roberts and the writer examined a route by White Bear lake. A road was established south of this route in June.

In July I started up the St. Croix river with Joseph Brewster, in a batteau, to put up hay for Elam Greely on Kanabec river. We poled our batteau with outfit and camped where now stands the village of Franconia. The next morning early we entered the picturesque Dalles of the St. Croix, then cordelled our boat over Baker's falls, and landed at the village of St. Croix Falls. This village, the first American settlement on the St. Croix, had one large mill with six saws. The water power was utilized by means of a permanent dam with massive piers. A warehouse was perched in a romantic situation amidst the cliffs of the Dalles and furnished with a tramway or wooden railway extending to the summit of the cliffs, for the transportation of goods. A boarding house dubbed the "Barlow House," another the "Soap Grease Exchange," and a few small tenement houses, constituted the village. The leading business men were James Purinton, Wm. Holcombe, Joseph Bowron and Lewis Barlow. We spent half a day in making a portage around the St. Croix falls. The wind being fair, on the third day we sailed as far as Sunrise island. At Wolf creek we passed an Indian trading post. In front of Sunrise island and on the west side of the St. Croix river, a little below the mouth of Sunrise river, stood the trading post of Maurice M. Samuels, long known as one of the most remarkable and notorious men on the frontier. He was a Jew, but had married a Chippewa woman, claiming that he had married one of his own people, the Indians being, according to his theory, descendants of the Lost Tribes of Israel.

      On the sixth day we came to the farm of Jeremiah Russell, on Pokegama lake. We found him a pleasant gentleman, engaged as an Indian farmer. We paddled across the lake to the Presbyterian mission. Mr. Boutwell, the superintendent, was absent. The mission was pleasantly located, the management was excellent, the crops were in fair condition, and well cultivated. Everything about the mission betokened good management. Next day we went to a hay meadow opposite the mouth of Ground House creek, where we put up on this and adjacent meadows sixty tons of hay. We left on the twenty-fourth, camping the first night at Chengwatana. On the morning of the twenty-fifth, while passing down Kanabec river, our ears were greeted with some most horrible and unearthly noises. On turning a bend in the river we saw a large body of Indians cutting indescribable antics, in the river and on the shore, chasing each other, reeling and staggering to and fro, yelling and firing guns. They seemed a lot of Bedlamites turned out as if to dispute our passage down the river. Pass them now we must. It was too late to retreat. Our batteau was light. I was in the bow, Brewster was in the stern. The yelling and uproar grew each moment more horrible. Brewster said: "Keep the bow in the best water and pass them in a hurry." He was of great strength; every set of his pole would almost lift the boat from the water. While we were passing several guns were leveled at us, but such was the noise that if any were fired we did not hear them. We were glad when we passed out of range and hearing. While passing we caught a glimpse of the cause of the unusual disturbance, some whisky barrels, and drunken savages around them, staggering, fighting or lying on the ground in drunken stupor. Landing at Samuels' camp, we learned of him that one Myers had hidden a couple of barrels of whisky on Kanabec river, that the Indians had found them, and the jollification we had witnessed would last till the whisky was all gone. We arrived at Stillwater without further adventure.

In July I made another visit to Prairie du Chien. The mail packet for Fort Snelling, on which I expected to return, broke her shaft and returned to St. Louis for repairs. The postmaster at Prairie du Chien offered me seventy dollars to carry the mail to the Fort, which offer I accepted. I bought a skiff, blankets and provisions, hired one man and started. We poled, paddled and rowed against a strong current, the low water compelling us to keep near the centre of the river. We arrived at Bully Wells' on Lake Pepin on the fifth evening and politely asked the privilege of stopping with him and were promptly refused. It was raining very hard at the time. We drew our skiff up on the shore, turned it over for a shelter, and crawled beneath it with the mail. As it was a cold, wet night, we suffered severely. As we were passing an island above Red Wing, the day following, we saw some Sioux Indian wigwams, and, as we had no firewater and no food to spare we kept close to the opposite shore. We were, however, observed. An Indian appeared on the shore near the wigwams and beckoned to us to cross over. We made no reply but kept steadily on our course, observing, meanwhile, that the Indian, with his gun, was skulking along through the brush, apparently bent on overtaking and waylaying us. We kept a respectful distance, and fortunately were able to increase it, but not till we were beyond rifle shot did we dare to pause for rest. That night we camped without striking a light, and next day arrived at Point Douglas. I went no further. The hardship and exposure of this trip brought on a severe illness. Mr. David Hone, at whose house I remained for two weeks, under the care of Dr. Carli, of Stillwater, took the mail to Fort Snelling. Soon as able I returned to Stillwater.

In May of this year I had made a claim

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