A history of Republic County, Kansas, embracing a full and complete account of all the leading events in its history, from its first settlement down to June 1st, 1883, Part 4

Author: Savage, Isaac O. [from old catalog]
Publication date: 1883
Publisher: Topeka, Kan., Daily capital printing house, printers
Number of Pages: 138


USA > Kansas > Republic County > A history of Republic County, Kansas, embracing a full and complete account of all the leading events in its history, from its first settlement down to June 1st, 1883 > Part 4


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36


History of Republic County.


Harvey, asking the appointment of our esteemed fellow citizen, J. (. Griffith, to this position. It is, perhaps, imnecessary to state that this petition was not largely signed by the citizens of Salt Marsh, but the signatures were probably procured in other portions of the county.


Gov. Harvey acted on the petition at once, granting the same, and the special courier returned just in time to find the Eckert court in the act of committing the prisoners to jail. It must be borne in mind that jail accommodations were not as sumptuous in those days as at the present time, and the prisoners were loath to be torn from the bosoms of their families, and incarcerated in a dungeon located in another county. Accordingly, the kindly offices of A. F. Heely, who now appeared on the stage, were invoked, a writ of habeas corpus issned by the probate court, and the prisoners brought to Belleville, before Judge Griffith, for trial. Now the scene is changed, no witnesses on the part of the prosecution appear, and when the prisoners are arraigned, the court, no doubt, in the language of one of old, is led to exclaim : " Where are those thing accusers ?" But writs of attachment are issued to compel the attendance of the now unwilling witnesses, and, when all was ready. the case was called. A. J. Banta, of Washington county, counsel for the prosecution, addressed the court in substantially the follow- ing manner : " While at Salt Marsh, and in 'Squire Eckert's court, I thought I had a case ; but now, the scene is changed, and, with this change of scene, grave doubts arise in my mind as to my ability to convict these prisoners, therefore, if the court please, we desire to very gently intimate to the court that it has our permission to dismiss this suit." There being no opposition to this suggestion, it was acted on, the pipe of peace was passed and smoked, and all parties acquiesced in the decision. Thus it appears that, after a season of considerable excitement, some sectional bitterness, and probably a little tall voting, the county scat was established at Belleville, where it has since immovably reposed.


As before stated, Charles Hogan, of Scandia, better known as Hogan the scout, was elected county superintendent of public instruction at the November election in 1869, but for some reason failed to serve in that capacity, and on the 22d day of August, 1870, the board of county commissioners declared the office vacant, and


37


History of Republic County.


Dr. J. C. Griffith was on the same day appointed to fill the vacancy thus declared to exist. This appointment the Doctor declined ; and on the 5th of September the board appointed Rev. E. R. Brown, a Methodist clergyman then on this circuit and living in Fairview township, who filled the office in a creditable manner for the remain- der of the year.


At the November election of 1870, the following named persons were elected : N. T. VanNatta, representative 90th district, over G. W. Johnson, of Elk Creek township, by a majority of 98, there being 322 votes polled in the county ; J. C. Griffith, probate judge, over I. M. Page, by a majority of 106; L. R. Dobyns, of Rose creek. clerk of the district court, over G. B. Austin, of Seapo, by a majority of 124, although at this time the 12th Judicial District had not been formed; A. F. Hecly, county attorney, over A. D. Wilson, of Scandia, by a majority of 123 ; and Wilson Lancaster, of Washington county, county superintendent, over Charles Wilson, of Scandia, by a majority of 138.


The 12th Judicial District of the State of Kansas was created by an act of the Legislature approved Feb. 28, 1871, and originally comprised the counties of Marshall, Washington, Republic, Jewell, Mitchell, Cloud, Clay, Smith and Osborne. At present it embraces only the counties of Marshall, Washington, Republic, Cloud and Clay. On March 19, 1871, Hon. A. S. Wilson was appointed judge of this district by Gov. Osborne, and the first term of the dis- trict court for Republic county was held at Belleville, March 27th, 1871, Judge Wilson presiding. As before mentioned, L. R. Dobyns was elected clerk of the court in the fall of 1870, which being prior to the formation of the district, his election was declared void, but he was appointed by the Judge and discharged the duties of clerk at the first term of court. The first case appearing on the docket, and the first one called in the district court for Republic county, was the State of Kansas vs. Samuel Midgely, which was continued until the next term. There were in all five cases, none of which came to trial at this term.


The first attorney formally admitted to practice in this court was A. F. Hcely, who had been elected county attorney the fall before. The next was N. H. Billings, of Billings county, Kansas, supposed to be a distant relative of "Josh," who, after undergoing a very


.


38


History of Republic County.


rigid and severe examination by the following committee appointed by the court, viz., A. A. Carnahan, A. F. Heely and N. T. Van- Natta, was duly admitted to practice in the courts of the 12th Judi- cial District. Mr. Billings was an attorney of fair attainments, good legal mind, and afterwards represented Billings county (now Norton) in the State Legislature, but he had the pernicious habit of wearing very tight boots, and was more or less afflicted with string-halt.


The records of the court at this time were kept on legal cap paper, and the office furniture consisted of two stools, one spittoon and a cracker-box. At this term the Judge ordered the clerk to procure, for the use of the court, the following books,-to wit, an appearance docket, a trial docket, a journal, an execution docket, and a recog- nizance docket, and a seal ; after which court adjourned until the Sep- tember term, at which term the following-named attorneys were ad- mitted to practice : Ilon. W. H. Pilkenton, Geo. B. Austin, Aaron E. Taylor and H. G. Dow. At this term the case of School District, No. 6, against N. O. Wilkie, treasurer of said district and ex-county surveyor, was tried, and judgment rendered against the defendant for $320.40.


The following persons served as jurors at this term, being the first jury empaneled in the district court in this county : A. O. Kindy, John L. Daniels, A. J. Hill, James H. Bradd, L. C. Hanson, John R. Bowersox, Ezra Powell, J. P. Williams, John Engle, E. E. Monroe, J. A. Mosher, and John Harris.


The first trial for homicide in the county was at the spring term of 1872, as follows : The State of Kansas against Stephen Gidley, for the killing of John Walsh, on Salt creek, near the residence of J. E. VanNatta, in January, 1872. A. F. Heely, J. D. Brumbaugh and W. Il. Pilkenton appearing for the State, and Borton & Linville for the defendant. Verdict of not guilty returned by the jury.


The first naturalization papers issued by the clerk of this court were to Richard Mclean. July 7th, 1872, and the second to Fred Collins, Esq., of Freedom township.


The first final papers were granted to Goodrich Doty, April 30th. 1872.


The first notary public doing business in the county was Hlon. W. 11. Pilkenton, who was appointed by Gov. Ilarvey, July 24th, 1871.


On the evening of Feb. 20th, 1871, in pursuance of notices pre-


History of Republic County.


viously published, a meeting of the citizens of Republie county was held in the log school-house on the east side of the public square. for the purpose of considering the propriety of organizing a county agri- cultural society. Of this meeting, J. W. Raynolds was chairman, and I. O. Savage, secretary. At this meeting it was decided unan- imously to organize such a society, and a committee of five chosen to draft constitution and by-laws, with instructions to report in one week. The following-named persons composed the committee: I. (. Savage, chairman, J. C. Griffith, R. P. West, Capt. A. Shaw and H. G. Dow. This was the first step ever taken in Republic county, or in any other county in Kansas west of the 6th principal meridian, to organize an agricultural society. The committee reported constitution and by-laws in accordance with instructions, which report was unanimously adopted and officers elected for one year, as follows : President, Albert Odell ; vice-president, R. P. West ; secretary, I. O. Savage ; treasurer, John M. Ryan ; and an executive committee of five, consisting of W. S. Latham, J. C. Griffith, J. W. Raynolds, W. P. Peake and HI. G. Dow were also chosen ; and thus the Republic County Agricultural Society became fully organized, being the pioneer agricultural society in Kansas, west of the 6th principal meridian.


A fair was held the same year, commencing on the 4th day of October, two miles east of Belleville, on the SE 4 of SE } of sec. 36, in Freedom township. These grounds were considered as only temporary, and were fenced with a few posts and a rope. However, a start was made, and everything seemed to work favorably for the society. Sixty-five entries were made, and the premiums, to the amount of $44.75, were awarded and paid. The receipts from all sources were $48.20, and the total expenditure $51.95, leaving a balance of $3.25 against the society. These figures now look small, but it must be remembered these were the days of small things in Republic county. The settlers on the high prairie were just coming in, and very little of their land was in cultivation. At the annual meeting in February. 1872, for the election of officers, A. Odell was re-elected president, R. P. West, vice-president, I. O. Savage, secretary, and J. M. Ryan, treasurer : and an executive committee of seven, as follows : John R. Bowersox, A. Kindy, Joseph Boothe, J. E. VanNatta, W. P. Peake, Fred Collins and A. B. Wilder. The


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History of Republic County.


second annual fair was held on the 3d and 4th days of October, 1872, on lands proposed by J. (. Griffith and R. W. VanDyke as permanent fair grounds of the Society. These grounds were about one-half mile northeast of Belleville, and comprised thirty acres, fifteen acres off the NW corner of the SE }, and fifteen off the NE corner of the SW { of Sec. 35, Freedom township, and the right of way sixty feet wide leading to the same, both quarters being home- stead land. The understanding then was that the society should take possession of these grounds, enclose the same with a hedge, grade a track for trials of speed, dig a well, erect a building suitable for a floral hall, and otherwise improve the grounds as the society saw proper, in consideration of all which Messrs. Griffith and Van- Dyke were to convey these grounds to the society in fee simple, whenever they could legally do so, for a price to be determined by disinterested parties. Unfortunately for the society and for Repub- lie county to-day, all of these conditions were not complied with. This fair was one of the best ever held in the county, everybody seeming interested and working for the general welfare of the soci- ety. Two hundred and six entries were made, cash premiums to the amount of $185 were awarded and paid, and the receipts exceeded the expenditures by $21.66. At this fair, liberal private premiums were offered and paid by Gardner Bros., Josiah Kindt and A. O. Kindy.


On the 7th day of December, 1872, A. B. Wilder was elected a delegate to represent the society in the State Board of Agriculture.


At the annual meeting in February, 1873, for the election of offi- cers, the following persons were chosen : President, R. P. West ; W. H. Pilkenton, vice-president ; I. O. Savage, secretary : and V. Vantrump, treasurer.


The third annual fair was held on the society's grounds, October 1st, 2d and 3d, and a fine exhibit made. There were 219 entries, and over $200 in premiums paid. This year a building 20x30 feet was erected for floral hall, at an expense of $240, a well dug and walled, hedge rows broken, and a large amount of money expended on the track. The receipts, although large, were not sufficient to meet all these expenses, and a balance of $106.92 was found against the society.


The officers elected for 1874 were R. P. West, president ; O. A.


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History of Republic County.


Gardner, vice-president ; 1. O. Savage, secretary ; and V. Van- trump, treasurer. A fair was held September 16th, 17th, and 18th, but, this being what was called grasshopper year, the entries were few, the attendance meagre, and the receipts small.


In 1875 the following-named persons were elected officers of the society : A. B. Wilder, president ; A. J. Beers, vice-president ; V. Vantrump, secretary ; and J. A. Mosher, treasurer. The fifth annual fair was held September 28th, 29th, and 30th. Receipts from all sources, $279.40 ; expenditures, $274.57 ; leaving a balance in favor of the society of $4.83.


The officers for 1876 were I. O. Savage, president ; J. Kindt, vice-president: A. B. Wilder, secretary: and J. A. Mosher, treasurer. No fair was held this year.


At the annual meeting in 1877, the following persons were elected officers : J. Kindt, president ; Milton Hancock, vice-presi- dent : Adam Dixon, secretary ; J. A. Mosher, treasurer. The sixth annual fair was held September 20th, 21st, and 224, 1877. The weather was fine, the attendance large, and the receipts larger than in any former year.


The officers elected for 1878 were: Wm. Hughes, president ; A. J. Beers, secretary : I. O. Savage, treasurer. The seventh annual fair was held September 24th, 25th, and 26th. The attendance was not large, but the receipts from all sources exceeded expenses by $79.25.


On the 29th day of October, an application was made by the treasurer of the society to the chairman of the board of county commissioners, asking him to issue an order on the treasurer of the county for the sum of money to which the society was entitled from the county, under section eight of chapter 37, of the laws of 1872. This application was accompanied by a certificate, attested by the president and treasurer of the society, under oath, in strict conformity with the law above referred to. The chairman declined to grant the application, and did not treat the same with that consideration which the officers of the society thought its importance demanded; consequently, a writ of mandamus was applied for and obtained from the district court, citing the chairman to appear at the April term of said court, to show cause, if any existed, why he did not sign the order as asked for in the application.


History of Republic County.


The case came on for hearing, able counsel appearing on both sides. A long and tedious trial ensued, and the jury, after being out twenty minutes, returned a verdict in favor of the society. After mature deliberation on the part of the society, it was thought best, under existing circumstances, the society being compelled to resort to the courts to obtain the rights to which it was entitled under the law, to sell the building on the fair ground, pay off all indebtedness, surrender the charter, and let the Republic County Agricultural Society be one of the things of the past, which was accordingly done, and it is a lamentable fact that the banner agricultural county of Northwestern Kansas has no agricultural society to-day.


We do not state the above facts with the design or desire of censuring any one, as all parties may have acted for what they considered to be the general welfare of the county. It has, however, been clearly demonstrated that it is much easier to find fault with, break up, and destroy such an organization than to organize one, and put it in successful operation. On this point, we are satisfied there can be no dispute. A movement is now on foot, which promises to be successful, to organize a new society, and, in all probability, a fair will be held the coming fall.


The Republic County Horticultural Society was organized in 1881, and is doing much to promote and encourage fruit growing in the county. The officers of the society are O. A. A. Gardner, president : W. P. Peake, secretary : and E. Powell, treasurer.


All kinds of fruit trees grow rapidly, come into bearing early, and as fine fruit is grown as can be found anywhere in the United States.


Among those who already have large, bearing orchards, we mention E. Powell, 1,500 bearing apple trees, 300 cherry trees in bearing, besides peach, phim, and pear trees, grapes, etc., in abundance. Mr. Powell's crop of apples for this year is estimated at 1.000 bushels. W. II. Boves, Henry Otto, S. Sherdahl, John Fulcomer, J. A. Mosher, and others, have large orchards, producing all kinds of fruit in great plenty. Mr. Fulcomer sold over $1,000 worth of peaches from his orchard, last year, besides other fruit. Nearly all these orchards were set in 1875-6, many of the trees being now six inches in diameter, and producing from one to five bushels of apples each.


CHAPTER IV.


SOIL-CLIMATE -STREAMS -TIMBER - LIMESTONE - COAL - SALT- WATER POWER - RAIN-FALL - ETC., ETC.


The general surface of the county is undulating, a very small per cent being what would be termed bluffy, broken, or hilly. The soil is a rich, black, vegetable mould, from three to fifteen feet in depth. underlaid with a subsoil of porous clay. Up to the year 1870, however, the country lying west of the sixth principal meridian had borne a bad reputation as to its ability to support a civilized popula- tion ; and prior to that time a few settlers, who had selected their homes along the streams west of that line, could scarcely say that they had done so for the purpose of becoming permanent settlers, a large portion of the country being regarded as a desert, for all prac- tical purposes; and even as late as 1874 it was a debatable ques- tion whether the country would not have to be abandoned to the grasshoppers, coyotes, owls and rattlesnakes. But, thanks to the persistent efforts of an active and industrious population, a genial climate and fertile soil, all these questions are now forever set at rest. The Republican river traverses the entire western portion of the county, the average width of the bottom lands being two miles. White Rock, Beaver and Oak creeks are its principal tributaries from the west, while Otter, Dry, School and other smaller creeks flow into it from the east : West, Reily, Salt, Coal, East, Upton and Elk creeks, flow south into the Republican river, drain- ing the southeastern portion of the county. Mill and Cherry creeks flow east and Rose Creek northeast, out of the county. These streams have numerous tributaries, all of which, with the main streams, are belted with timber from ten to eighty rods in width. consisting of oak, ash, black wahint, hackberry, red and white chn, box elder and cottonwood. It will thus be seen that the county is well watered and tolerably well timbered, the streams being distrib- nted in such a manner as to give more or less timber to every town- ship in the county. Well-water is obtained at a depth of from ten to one hundred feet, according to locality, and fine, flowing springs are quite minerous. Magnesian limestone of a most excellent qual-


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History of Republic County.


ity is found in large quantities in abnost every township in the county. This rock is of a light gray color, quite soft, easily quar- ried and easily worked. It is almost entirely free from grit, can be easily sawed with any kind of a saw without injury to the instru- ment more than if used in wood. This rock is very valuable for building purposes, makes an excellent quality of line, and good building sand is found in almost every neighborhood. Several of the most substantial buildings in the county are built of this rock. including Powell's block in Belleville and the school-house in Scan- dia. . And sandstone is found in abundance in the southeastern portion of the county, which possesses all the characteristics of a reli- able building stone : but it is not as popular as the magnesia, as it is not as easily worked. Thus it will be seen that this county has an abundant supply of building stone, not only for the use of the inhabitants within its borders, but a large surplus for export.


COAL, SALT, ETC.


The southern one-third of the county is underlaid with coal, said to be of the lignite variety, although the propriety of thus classify- ing it has been questioned. It is probably of more recent origin than the anthracite bituminous coal of the proper coal series. It is tough rather than brittle, and cannot be easily broken except in horizontal layers. The veins are from two to three feet in thick- ness. and are found beneath a firm layer of sandstone, which forms a good roof in mining. These mines have been worked since 1870, and have finished the principal fuel supply for a large scope of country ; and this coal has been extensively used for making steam in grist mills, although it has been rejected by the railroads on account of the large proportion of ashes which it leaves, thus clog- ging the grates in the locomotive. The coal is sold at the mines at an average of two dollars and fifty cents per ton.


Within a short distance of these coal fields is situated one of the most extensive salt marshes in the country, commonly known as the " Tuthill Marsh, " and is adjacent to the town of Seapo. This marsh embraces an area of about 4,000 acres, and wells of brine are obtained at a depth of six feet. Sixty-five gallons of this brine pro- chice a bushel of salt of unequaled purity, a chemical analysis, by Professor Mudge, showing less than two and a half per cent of impurities. It contains no chloride of lime,- a very bad impurity


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History of Republic County.


found in all the salt manufactured in New York, Michigan and West Virginia. The salt water rises to near the surface, evaporates. and leaves a ernst of pure salt, which, at all times in dry weather. can be seraped up and taken away. One hundred bushels of this carthy salt, diluted and evaporated, will produce seventy-five bushels of clean, white salt. It is hard to tell why capital has not been invested here to utilize this mine of wealth. Another marsh of about the same extent is found in Beaver township, near the southwest corner of the county, but no analysis of the brine has ever been made. that we are aware of.


WATER POWER.


There is good water power on White Rock creek in White Rock township, utilized by Fred S. Cooper's large grist mill, described elsewhere in this book : also on the Republican river, utilized by (. F. Erieson's large flouring mill ; also on the river at Rocky Ford. near Republic City, not utilized. There is also most excellent water power on Salt creek, on the SW } of section 6, in Grant town- ship, which could be utilized at a very small expense for dam, and water sufficient to run three rim of burrs the whole year.


CLIMATE.


The climate of northern Kansas does not differ materially from that of the western slope of the Alleghany Mountains and of States farther east, lying along and immediately below the fortieth parallel of north latitude. Like all of these States, it has its extremes of heat and cold, but in a somewhat modified form, being modified as it is by latitude, altitude, and proximity to the Rocky Mountain range. It is not far enough south to be enervating, nor far enough north for the rigorous and benumbing influences of a northern climate. In short, it is a happy compromise between the two. It is true that the climate of a prairie country is more variable than that of a timbered country, and the sweeping winds of winter on the high prairie are indeed searching : but the severity of the winter winds is more than compensated by the salubrity and agreeable character of the breezes of summer. In the most sultry July and August weather, our nights are cool, always inviting pleasant repose. Besides, the climate is remarkably healthy, being far more free from bilious diseases than localities in the same latitude further east, and consumption is seldom or never contracted in this country.


History of Republic County.


RAINFALL.


This subject has nearly ceased to be one of anxious inquiry by the emigrant seeking a home on what Olney's Geography tanght him was a barren and sandy desert. The crop statistics, given elsewhere in this book, must set at rest all doubts as to the sufficiency of the rainfall here for all the needs of agriculture. Below we give the observations of the rainfall at Belleville for the years 1872 and 1873, reported for the Smithsonian Institute by A. A. Carr, who was furnished with standard instruments by that institution for ascertaining the rainfall, temperature, etc. Mr. Carr was also a special reporter for the State Board of Agriculture from Belleville for the years named :


Belleville, Republic county. Latitude, 392 50', Longitude, 97ยบ 40'. Altitude, 1,540 feet above sea level.


Jan. Feby.' Mch. April May. June. July. Aug. Sept.


Oct. Nov. Dec. Total


1.870


00


0.50


0 90 2 30


3 59


1,58


6.6!


2.03


3 30


1.47


.00


.00


22.29


1873.


0.49


0.10


,5 04


8 91


6.60


0.92


1.90


3.05




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