In 1877 a sentiment developed that the existing form of incorporation was undesirable, and as the result of a petition by the citizens the trustees appointed an election for July 1, 1878, upon the question of the abandonment of that charter. The decision of the citizens at that election was to abandon the organization and to substitute another. In pursuance of that decision an election for mayor, common council of seven, and a marshal, was held on July 16th. D. C. Guernsey was elected mayor, and the councilmen chosen were J. B. Shrum, G. K. Reed, J. Mustard, J. L. Smith, J. K. Rainwater, Frank Pierce and D. B. Kimball. Edward Tatro was chosen marshal.
One of the interesting points called up by old-timers in that stage of Dayton's history is the development of what is now known as "Brooklyn" or first styled "Across the Patit." Between September, 1878, and March, 1879, fifteen houses were erected. F. M. Day is said to have been the first to build in that new tract, followed soon by Mr. Dunkle and Mr. Brewer. That was for a number of years one of the most popular suburbs of Dayton. Somewhat separated from the business part of the town by the pretty little stream of the Patit, and embowered in trees and shrubbery, it still impresses the visitor as a very charming village section. Dayton Heights in the eastern part of the town has, however, taken the lead as a growing residence section during the past dozen years.
A curious situation in regard to the town government developed. As a result of doubt about the validity of the existing municipal government, Jesse N. Day, the father of the city, refused to pay taxes levied by the county in 1878. County treasurer, H. H. Wolfe, instituted legal proceeding by levying upon property owned by Mr. Day. The latter accordingly brought suit, with David Higgins as his attorney, to secure restitution of his property. N. T. Caton of Walla Walla appeared as counsel for the county. This suit was called January 14, 1880. The result was a decision by Judge Samuel C. Wingard of Walla Walla, judge of the Territorial District Court, that the incorporation of the city was invalid.
The effect of this decision was to necessitate a new incorporation. By common agreement Judge Wingard was requested to give informal advice upon the legal status of the community and the steps that should be taken to give it a proper judicial character. Thus appealed to the judge gave the opinion that Dayton had been organized as a town and was still upon that footing, and that the town might incorporate as a city under territorial laws. Accordingly the old town government resumed and continued until the issuance of a new charter by the Territorial Legislature in 1881, which went into effect with the opening of the next year.
Under the new charter the Government was to consist of mayor chosen yearly; seven councilmen, chosen for two years, three elected in one year and four the next; a marshal chosen by popular vote; and justice, clerk, attorney, treasurer, health officer, surveyor, street commissioner and assessor, appointed by Council. The charter named as mayor and councilmen the following: Mayor, O. C. White; councilmen, G. E. Church, L. E. Harris, J. L. Smith, John Brining, J. E. Edmiston and W. A. Belcher.
The period of inauguration of the new charter was marked by three disasters, a severe fire on December 13, 1880, and another much more serious, on April 2, 1882, by the latter of which a loss of $90,000, partially covered by insurance, was sustained. The other disaster was much greater, and is still referred to with almost bated breath by old-timers. This was the dreadful smallpox scourge in the fall of 1881. It was reported that there were 167 cases and twenty-one deaths. The excitement was great, nearly reaching the proportions of a panic, and as is apt to be the case at such a time, there were "hard feelings" and charges of criminal negligence. Dr. M. Pietrzycki, one of the best physicians and one of the most unique and interesting characters of the city, was health officer at that time, and the testimony seems to be on all hands that his course was firm and wise and that he saved many homes from the deadly scourge.
Meanwhile the charter question was not settled. A memorial was presented to the Territorial Legislature in 1886, setting forth the imperfections of the existing charter and petitioning for still another. This memorial preserves the names of the mayor and councilmen of that year as follows: Mayor, D. B. Kimball; councilmen, D. C. Guernsey, T. J. Taylor, E. Ping, H. H. Wolfe, D. H. Hardin, H. F. McCornack, D. M. Vaughn.
This memorial was not, however, sustained, and the unsatisfactory charter continued in force for a number of years. At a municipal election of July 11, 1904, by a majority of one only of the whole vote of 404, the city voted to abandon the old charter and to adopt the new form of city government. Under that general charter Dayton has remained to this day. Since that new municipal organization went into effect the incumbents of the different offices have been the following:
The city election of December 6, 1904, resulted in the choice of G. T. Jackson for mayor, W. A. Frary for treasurer, R. M. Sturdevant for clerk, H. E. Hamm for attorney, C. H. Day for health officer, and for councilmen, Add. Cahill, G. E. Barclay, Lars Nilsson, E. S. Ryerson, L. F. Jones, W. L. Jackson, and W. H. Van Lew. The entire number of seven were chosen at that first election, one at large, three for two years, and three for one year. Hence in subsequent years there were regularly chosen three for the different wards and one at large each year.
In the election of December, 1905, the officials chosen were: G. T. Jackson, mayor; W. A. Frary, treasurer; R. M. Sturdevant, clerk; Leon B. Kenworthy, attorney; C. H. Day, health officer; Add. Cahill, L. F. Jones, Everett Eager and W. H. Van Lew, councilmen. In that case, as usually, the practice of re-election was held in honor.