USA > Kansas > Butler County > History of Butler County Kansas > Part 24
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240
HISTORY OF BUTLER COUNTY
district : E. W. Clifford, county commissioner, third district. Some one cut a plug of "Battle Ax;" Uncle Jimmy Anderson handed a box of "see-gars" in through the window, an outsider opened a bucket of water and the meeting adjourned. Of course, there was opposition to this ticket, but it was so divided that the result was the election as above.
The first political convention for the nomination of candidates for for the various offices was called and held in the summer of 1875 by the Republican party, followed by the Democratic and other parties up to the year 1882, when the primary, or, as it was called, "The Craw- ford County System." was adopted. This manner or rule of making nominations remained in vogue until 1888, when the people became dissatisfied with that system, claiming, and with good grounds there- for, that all nominations were given to the parties living in the cities, and that the rural districts were not getting their share of the offices ; that the acquaintance of the city candidate with the voter of the county over his country competitor gave him too great an advantage, and the convention system was again adopted and remained until the law pro- vided for the primary system of making nominations.
The first party to put a ticket in the field in opposition to the Re- publican and Democratic parties was the Greenback party in 1881. their principal candidates being W. P. Flenner for county clerk and O. Council for register of deeds. They polled in this election about twelve per cent. of the entire vote cast and remained in the political field to a greater or less extent until after the election of 1887.
In the year 1888, in addition to the two old parties, there was offered to' the voters an opportunity to vote for candidates on the Union Labor or the Prohibition tickets. These parties carried tickets during that and the following year, 1889, when the Union Labor party dropped out. The Prohibitionists remain to some extent, at least, until the present time. Then came the Alliance, Populist or Peoples party in 1890.
Some one, said to be from one of the Southern States, came into the county organizing the farmers into the Farmers' Alliance, and it was currently reported, while on his mission, he dropped or left a little of the political leaven, leaven and a half or peradventure leaven and three-quarters of Populism. However, this may be, it was something that worked, worked day and night. Sundays and week days; sun- shine or storm, it worked, always worked, active, diligent and perse- vering ; still it worked, the most infectious, contagious, epidemic ever known to mankind. The whole body politic became infected. Demo- crats disappeared without a struggle, disappeared as does the pump- kin pie in the maw of a hungry school boy, or as does the hobo when offered work. There were scarcely enough Republicans left to make a quorum or adjourn a meeting. The movement finally cultimated in a stupendous county rally in El Dorado in the fall of 1892, the people coming together by common impulse from every village, hamlet and
-
241
HISTORY OF BUTLER COUNTY
farm. In earnest, dead earnest, in their opinion something was wrong, radically wrong, with our political system (and who now can say they were entirely mistaken), and it became their duty to rectify that wrong, the leaven still working, whenever material could be found upon which to work. They were to meet on Walnut Hill, at the west end of Cen- tral avenue to commence their march. They gathered on that day, spreading out over the territory between there and Towanda and about noon started down the avenue, drums beating, horns tooting, flags and streamers flying from vehicles of all kinds and descriptions; from the best in the county to the caricature of the worst of the two old po- litical parties; singing. "Goodbye, Old Parties, Goodbye." Still it worked and on they came ; came by companies, by regiments, by brig- ades, by battalions ; came as a whole army comes, and kept coming. A few old-line Democrats stood on the street corners with a sickly grin or a diabolical leer on their faces. The Republicans, what were left, going into their back rooms, pulling down the blinds and closing the doors until driven forth for fresh air, would come out, get a sight of the parade, neither end of which could be seen, and go back into their holes. And still it worked and still they came. Night alone hid them from view. Election time approached with the leaven still work- ing, and election day found it doing business at the same old stand and in the same old way. The result of the election was forcibly if not elegantly expressed by the German, who had caught the contagion and when the vote was announced, exclaimed, "Mine Gott, it vas a clean schweep," and it was. Everything on the ticket, from top to bottom, from head to tail, was People's party. They remained in power and continued as a party until about the year 1906, when some of them began fusing with the remnant of the Democratic and Republican parties, finally disappearing altogether. "Folded up as folds the Jack knife when a chaw of plug is cut."
The Free Silver or Abraham Lincoln Republican party was in the field asking for votes during the years 1896 and 1898. The Socialist party came in in the fall of 1908 and appeared on the tickets until after the election of 1912. Until 1908, the voting was done by ballots prepared principally by the candidates for the various offices except the name of the opponent of the party having the ticket printed. The voter erased all the names but those of his choice. Workers for the candidates would appear on the morning of the election with their pockets filled with campaign cigars or sometimes a bottle of anti-snake bite and put in the day soliciting for the men of his choice or for those who had last paid him for his work. His labors consisted of placing a ticket in the voters' hands, going with him to the polls, watching him deposit the ticket and then give him one of the aforesaid cigars and look for another victim.
Sometimes the worker would be worked by the workee, switching tickets on him on the way to the polls, taking one already prepared (16)
242
HISTORY OF BUTLER COUNTY
out of his vest pocket and voting it instead of the one he was supposed to vote, thereby getting two cigars with his vote. Before the workers arrived on the grounds on election day the voter picked up one of the many tickets kept for distribution at the place of voting and voted as he desired or as he happened to, until word went out that he was not being looked after. The same condition applied here, and I presume all over the State, that existed at Topeka, Kansas, one election day when Chet Thomas rushed up to some of the workers and said, "Some of you people get down to the polls right quick. Those fellows are voting just as they d -- please." Of course, there was not any con- siderable number of voters to which the above would apply, simply a few without any political preference, and were found in all parties. The primary law, enacted in 1908, took the "workers'" goat or job and "keen spittin'" tobacco is more in evidence now on election days than cigars and booze.
The last of the new parties to put in an appearance is that of the Progressive Republicans in 1914. In this county they elected one man, that prince of good fellows and good citizen, A. J. Holderman, to the Legislature. It is often said that because the people knew, liked and respected Jim, he was elected, not because of his politics, but in spite of them.
At the election in 1913, the question of equal suffrage was sub- mitted to the people with the following result: For, 2,613; against, 2.369 ; majority for suffrage, 244. This was the second time this ques- tion was before the people of this county. The first time it was to amend section I of article 5 of the constitution of the State by striking therefrom the word "male," which resulted as follows: For the amend- ment, twenty-eight votes; against the amendment, seventy-six votes ; majority against amendant, fifty-eight votes.
At the last election of county officers, November, 1914, there were elected: J. D. Joseph, Democrat, senator; J. M. Satterthwaite, Repub- lican, representative ; A. J. Holderman, Progressive, representative. The county clerk, sheriff, register of deeds, county attorney, clerk of the dis- trict court and county surveyor are Republicans. The probate judge, treasurer and superintendent of public instruction (the latter without oposition ), are Democrats, and the coroner is a Progressive. What the result of the election of 1916 will be, only the man who can foretell the verdict of a petit jury can tell.
MEMBERS OF THE KANSAS LEGISLATURE.
Senators and Represetatives from Butler county from its organiza- tion to the present time, with the trend of their political faith as nearly as can be ascertained or guessed. R. Republican ; D, Democrat ; A, Alli- ance; F, Fusion ; P, Progressive ; * , Deceased. .
243
HISTORY OF BUTLER COUNTY
SENATORS.
*M. Stubbs (R). 1865
*Sam Wood (R). 1867
* J. M. McMullen (R). 1868
*J. R. Mead (R). 1869-70
*E. S. Stover (R).
1871
W. J. Cameron (R) .1872
*D. L. Payne (R) . IS73-4 H. C. St. Clair (R). 1875-6
*T. B. Murdock (R) . 1877-80-89-93
Neil Wilkie (R) 1881-4
*A. L. Redden (R). 1885-6
*J. W. Robison (R). 1887-8
*A. W. Dennison (A) 1894-5 J. F. Richardson (R). 1896-7
W. F. Benson (F. & D) 1898-1901-4-8
Fremont Leidy (R ) . . 1902-9-5-10
C. L. Harris (R).
. IQII
J. D. Joseph (D) . 1912-16
REPRESENTATIVES.
*G. T. Donaldson (R). .1864-5-8
*D. L. McCabe (R).
1866
*J. D. Conner (R). 1867
*T. R. Wilson (R). 1869
*Henry Small (R)
1870
(2)*L. S. Friend (R) .1871
*T. H. Baker (R). 1871
*Isaac Mooney (R)
1872
*J. M. Atwood (R)
1873
*H. D. Hill (R) ... 1874-81-82
*J. L. Ferguson (R) 1875-6 M. A. Palmer (R) 1877-8
*H. W. Beck (R). 1877-8
U. A. Albin (R) 1879-80
*D. M. Bronson (R)
1879-80
*G. A. Sears (R). 1881-2
*J. H. Fullenwider (R) 1883-4
*F. W. Rash (R)
1883-6
J. M. Randall (R) I885-6
E. D. Stratford (R)
1887-8
*D. W. Poe (R)
1887-90
D. M. Elder (R). 1889-90
O. W. Jones (A) 1891-2
*John Hartenbower (F)
1891-2
*C. M. Noble (F) .1893
J. M. Satterthwaite (R)
1894-6-13-16
*F. P. Gillispie (F) 1897-8
J. B. Adams (R)
1899-1904
Lew Betts (F).
1901-2
S. H. Brandon (R)
1903-4-7-9
*J. M. Brown (D)
. 1905-6
B. R. Leydig (R)
1907-8
F. H. Cron (D) ..
1909-12
G. C. Maxwell (D)
1909-IO
W. J. Houston (D)
1913-14
A. J. Holderman (P)
1915-16
(2) The election of Friend was contested by Baker, in which con- test he was successful, on account of fraudulent voting in El Dorado at the election and for which one Ottenott was sent to the penitentiary. He "Ottenott" have done so.
COUNTY OFFICERS.
With Name of Township Elected From.
COUNTY COMMISSIONERS.
*P. G. Barrett, Chelsea. 1859-60
*G. T. Donaldson, Chelsea. 1859-60
*J. S. White, Chelsea. 1859
244
HISTORY OF BUTLER COUNTY
*H. J. Branson, Chelsea, Fall R. Dvn. 1860-1-2-3
*Jacob Landis, Chelsea .. . 1861
*William Harrison, El Dorado. 1861-2-3-4
*Henderson Thomas, El Dorado. 1863
* Doctor Lewellyn, Chelsea 1864-5-6-7
*P. P. Johnson, Chelsea. 1864-66
*Joseph H. Adams, Towanda. I865-6
*Squire Stewart, El Dorado. 1865-6-7
* James R. Mead, Towanda 1867
*A. Ellis, Chelsea. 1868-9
*D. S. Yates, Chelsea 1869
*S. C. Fulton, Towanda 1868-9-70
M. A. Palmer, Little Walnut. 1869-70
M. Vaught, Chelsea 1870-71
*B. T. Rice, Benton.
1872-3
Neil Wilkie, Douglass 1872-3
*J. A. McGinnis, Hickory 1874-5
*E. B ._ Brainard, Milton 1874-5
*E. W. Clifford, Augusta 1874-5
*Sol Wise, Douglass. 1876-7
*T. A. Baxter, Clifford. 1876-7
*J. T. Masterson, Douglass 1878
J. E. McCully, Prospect 1878-9
*M. Bradley, Fairview 1878
*A. T. Havens, Douglass 1879-80
*S. F. Packard. Rosalia 1880-81
G. P. Neiman, Milton. 1879-84-85
*H. N. Pearse. Chelsea. 1881-82
M. Guinty, Fairmount. 1881-82-83
H. W. Hartbower, Douglass 1882-83-841
.1883-89
T. R: Purcell, Walnut
1887-88-89
*A. O. Rathburn. Douglass.
*B. H. Fox, Bruno.
1890-91-92
*H. M. Brewer. Union John Ellis, Chelsea.
1892-95
Thos. Ohlsen, Murdock. 1893-96
. Lafayette Stone, Richland. . 1894-97
J. W. Barnes, Rock Creek 1807-1900
*G. W. Teter, Prospect. 1898-1901
E. L. Snodgrass, Benton 1899-1902
*B. Broderson, Clay. 1900-03
Sol Anderson, Prospect. 1901-08
*C. H. Bing, Union. 1903-06
P. Paulson, Fairmount. 1905-08
1891-92-93
*J. K. Skinner, Sycamore 1885-86-87
August Kuster, Augusta. 1888-89-90
245
HISTORY OF BUTLER COUNTY
I. P. Bradley, El Dorado 1909-12
W. J. Houston, Murdock . 1909-13
Geo. Elder, Bloomington. . 19II
M. A. Wait, Towanda. . 1913
J. W. Cannon, El Dorado . 1913
COUNTY CLERKS.
*\\. R. Lambdin, (R.), Chelsea 1860
*J. R. Lambdin, (R.), Chelsea. 1860
No record of the election of either of these parties but records are signed by each as county clerk.
M. Vaught, (R.), Chelsea. 1863-64-65
*A. J. Donahoo. (R.), Chelsea.
1866
*A. H. Moreland, (R.), El Dorado 1866
*A. H. Marchall, (R.), El Dorado 1867-68
*H. D. Kellogg. (R.), El Dorado 1869-70
A. W. Stearns. (R.), Towanda 1871-72
*John Blevins, (R.), El Dorado. .1873
* V. Brown, (D.), Spring. 1874-79
*C. P. Strong, (R.), Milton. 1880-83
*James Fisher, (R.), Hickory. 1884-87
*T. O. Castle, (R.), El Dorado. 1888-91
J. T. Evans, ( R.), El Dorado. 1892-95
S. G. Pottle, (R.), El Dorado. 1896-99
H. A. J. Coppins, (R.), Plum Grove ยท 1900-04
*\V. H. Clark, (R.). El Dorado 1905-08
M. L. Arnold, (R.), Spring. . 1909-12
Orville Holford, (R.), Augusta. 1913-16
COUNTY TREASURERS.
*T. W. Satchell. (R.). Chelsea
1864-65
*Henry Martin, (R.), El Dorado 1866-69
*A. Ellis, (D.), Chelsea 1870-73 *Joseph Williams, (D.). Spring 1874-75
*E. B. Brainard, (R.). Milton. 1876-79
*M. Bradley, (R.), Fairview 1880-83
*J. H. Austin, (R.). Clifford. 1884-87
*J. D. Conner, (R.), El Dorado 1888-91 IV. F. Benson. (D.). Chelsea 1892-93 S. R. Clifford, ( R.), Clifford 1894-97 J. D. Hamilton, (D.). Douglass. . 1898-99 and 1915-16 G. W. Tolle. (R.), El Dorado. . 1900-4 and 1909-1910 C. Rayburn, (R.). Clifford . 1905-09 J. O. Evertson, (R.). Hickory . 1911-14
246
HISTORY OF BUTLER COUNTY
COUNTY ATTORNEYS.
*S. N. Wood, (R.), Chelsea .1867
*B. O. Carr, (R.), El Dorado. 1867-68
*D. M. Branson, (R.), El Dorado 1869-70
W. P. Campbell, (R.), El Dorado 1871-72
*A. L. Redden, (R.), El Dorado. 1873-74
*E. L. Aiken, (R.), Augusta. I875-6
A. L. L. Hamilton, (R.), El Dorado 1877-78
*E. N. Smith, (R.), El Dorado. 1879-80
*L. Knowles, (R.), El Dorado. 1881-82
*Geo. Gardner, (R.), El Dorado. 1883-84
C. E. Lobdell. (R.), El Dorado. 1887-90
1885-86
E. H. Hutchins, (R.), El Dorado
S. A. McGinnis, (A.), El Dorado
1891-92
H. W. Schumacher, (D.), El Dorado1893-94, 1897-98 T. A. Kramer, (R.), El Dorado. 1895-96
*E. B. Brumback, (F.). El Dorado 1899-1900
*W. M. Rees, (R.), El Dorado.
1901-04
C. L. Aikman, (R.) El Dorado 1905-09
K. M. Geddes, (R.), El Dorado. 1909-12
Geo. J. Benson, (D.), El Dorado. 1913-14
Chas. W. Steiger, (R.), El Dorado 1915-16
SHERIFFS.
*Jasper Goodall, (R.), El Dorado 1864-65
*\V. D. Snow, (R.), Towanda. . 1866
*James Thomas, (R.), Chelsea 1867-71
N. A. McKitrick, (R.), Augusta 1872-73
*J. E. Anderson, (R.), Glencoe. 1874-77
*F. M. Anderson, (R.), El Dorado. 1878-79
W. H. Douglass, ( R.), Douglass. 1880-83
*H. T. Dodson, (R.), Little Walnut. 1884-87
*Chas. Schram, (R.), Douglass 1888-91
*J. W. Middleton, (R.), Augusta.
1892-95
J. A. Hopkins, (R.), Plum Grove
. 1896-97
W. G. Turner, (D.), Towanda. 1898-1902
Geo. A. Young, (D.), El Dorado 1903-06
M. E. Joliffe, (D.), El Dorado. 1907-10
W. W. Moss. (R.), El Dorado 1911-14
Newt Purcell, (R.), Walnut 1915-16
CLERKS OF THE DISTRICT COURT.
*A. H. Marchael, (R.), Chelsea. 1867
*W. W. Slayton. (R.), El Dorado. 1868
A. L. Petrie, ( R.), El Dorado. 1869
247
HISTORY OF BUTLER COUNTY
*H. D. Kellogg, (R.) El Dorado. 1870
*J. R. Ward, (R.), Towanda. 1871
*H. M. Winger, (R.), El Dorado 1872
*\V. O. Redden, (R.), El Dorado .1872
*M. D. Ellis, (R.), Towanda. 1873-74
*C. N. James, (R.), Augusta. 1875-82
V. P. Mooney, (R.), Towanda
1883-88
*\V. H. Curry, (R.), Walnut 1889-90
*J. F. Todd, (A.), El Dorado.
1891-92
Andy Swiggett, (D.), Towanda 1893-94
E. A. Makepeace, (R.), Augusta 1895-96
V. A. Osburn, (D.), Augusta 1897-1900
G. W. Lane, (R.). Augusta. +0-1061
*A. N. Crowther, (R.), Douglass . 1905
S. P. Karnaham, (R.), Douglass 1906-08
*Ray R. Shepherd, (R.). El Dorado
1909-II
J. C. Hoyt, (R.), El Dorado. . . 1912
Anna M. Avery, (R.), El Dorado. 1913-16
REGISTER OF DEEDS.
M. Vaught, (R.), Chelsea. 1864-66
*A. H. Marchael, (R.), Chelsea 1867-68
*D. M. Bronson, (R.), El Dorado .1869
*W. A. Sallee, (R.), El Dorado. 1870-71
*D. L. Knowles, (R.), El Dorado 1872-76
*J. D. Porter, (R.), Prospect. 1878-79
*E. E. Harvey, (R.), El Dorado 1880-83
*J. A. McGinnis, (R.), Hickory 1884-87
*Daniel Boyden, (R.), Benton.
1888-91
M. A. Palmer, (R.), Little Walnut 1892-93
S. H. Brandon, (R.), Douglass. . 1894-97
F. S. Allen. (D.), El Dorado 1898-1901
*F. W. Benson, (R.), Chelsea 1902-06
L. D. Hadley, (R.), Glencoe. 1907-10
E. J. Sharp, (R.). El Dorado 19II-14
Zella Lamb, (R.), El Dorado 1915-16
PROBATE JUDGES.
*Henry Martin, (R.), El Dorado 1864-65.
*\V. H. Thomas, (R.), El Dorado. 1867-68
*\m. Harrison, (R.), El Dorado 1860-70
*H. I. Sumner, (R.), El Dorado. 1871
*D. M. Bronson, (R.). El Dorado. . 1872
*S. W. Taylor, (R.), Douglass 1873-74
218
HISTORY OF BUTLER COUNTY
S. E. Black, (R.), El Dorado 1875-80
E. D. Stratford. (R.). Douglass 1881-84
G. P. Aikman, ( R.), El Dorado 1885-88 *\. E. Kilgore, (R.). El Dorado. . 1889-90 and 1895-96 *T. G. Stansbury, (A.), Benton. 1891-92
M. H. Morrison, (D.), Hickory . 1893-94
J. M. Randall, (D.), Fairview. 1897-1900
J. F. Glendenning, (R.), Pleasant. . 1901-04
*J. T. Nye, (R.), Fairview. . 1905-08
R. B. Ralston. (R.). Towanda. . 1909-12
C. E. Hunt, (R.), El Dorado. . 1913-14
*J. R. McCluggage, (D.). Augusta . 1915
V. P. Mooney, (R.). El Dorado . 1915-16
SUPERINTENDENTS OF PUBLIC INSTRUCTION.
*D. L. McCabe. (R.). Chelsea. 1867-68
*H. D. Kellogg; (R.), El Dorado .1869
J. E. Buchanan. ( R.). Chelsea. 1870
*S. L. Shotwell, (R.), Douglass 1871-72
*S. L. Robards, (R.) Milton 1873-74
*John Blevins, (R.), Prospect. .1875
*C. N. James. (R.) .. 1876
*Alvah Shelden, (R.), El Dorado. 1877-80
*J. W. Shivley, (R.), Douglass 1881-84
*Hayward Webb, (R.). Augusta. 1885-86
A. M. Brumback. (R.), Milton. 1878-90
*Florence Olmstead. (A.). Richland. 1891-92
Clara Hazelrigg, F.). El Dorado 1893-94
W. H. Ehlers, ( R.), El Dorado. 1895-96
Morton Holcomb, (D.), Richland 1897-98
J. E. Mathers, (R.), Benton. 1899-1902
C. W. Thomas. (R.), Augusta. 1903-06
W. H. McDaniel, (R.), El Dorado 1907-10
F. C. Smith. (R.), El Dorado .. 1911-12
H. I. French. (D.). Little Walnut 1913-16
CORONERS.
*C. Harrison, (R.), EI Dorado. 1857
*James Strickland. (R.). El Dorado 1870 *J. A. McKinzie, (R.), El Dorado. . . . 1871 and 1896-97 *Robert Holt. (R.). Chelsea 1872 *E. L. Shirley, (R.), Augusta .1873
*Wm. Snyder, (R.). Fairview 1874-5 *J. M. Williamson, ( R.), Lincoln. . 1876-77 and 1880-81 *H. T. Sumner. (R.), El Dorado 1878-79 *J. S. Dutton. (R.), El Dorado 1882-86
249
HISTORY OF BUTLER COUNTY
*J.ohn W. Long, (R.), El Dorado. .. . 1887 and 1890-91 O. Counsil. (R.), Augusta. 1888-89
F. M. Dodson, (A.), El Dorado. 1892-93
*N. L. Gunn, (R.), El Dorado .. 1894-95
F. E. Dillenbeck, (D.), El Dorado 1898-99
II. A. Hill, Jr., (R.), Augusta. 1900-01-02
C. E. Hunt, (R.), El Dorado 1903 and 1909-10
C. W. Harvey, (R.). El Dorado. 1907-08
Minos West, (D.), El Dorado 19II-12
W. E. Turner, (P.). El Dorado 1913-16
COUNTY SURVEYORS.
*H. D. Kellogg, (R.), El Dorado. I867-68
*T. R. Wilson, (R.), El Dorado 1869-70
*D. M. Bruce, (R.), Prospect. 1871
*E. H. Stoddard, (R.), Towanda 1872
*F. C. Buck, (R.), Augusta. .1873
*J. W. Weimer, (R.), Douglass 1874-75
*J. H. Austin, (R.), Clifford .. 1876-77 and 1894-97
*L. A. Hamlin, (D.), El Dorado 1878-79
*H. C. Gabbert, (R.), Augusta.
1880-85
W. S. Buskirk, (R.), Hickory. 1886-87 and 1890
F. S. Bowen, (R.), El Dorado
1888-1891
Artie Peffley, (A.), Lincoln 1892-93
J. C. Smith, (F.), Union.
1898-99
Lee Scott, (R.), El Dorado. 1900-06
C. W. Buskirk. (R.), Hickory 1937-16
COUNTY ASSESSORS.
*Jordon Mabe. (R.), Chelsea. 1864-65
*\. H. Thomas, (R.), El Dorado 1866
M. Vaught, (R.), Chelsea. 1867
Alec Petrie, (R.). El Dorado. 1867
Office abolished 1868 to 19II
W. A. Liggett. (R.), Rosalia. . 19II
*\V. H. Clark, (R.), El Dorado 1913-14 Office again abolished.
COUNTY HEALTH OFFICERS.
Appointed by Board of County Commissioners. *J. A. McKinzie. 1896 and 1903-04
F. E. Dillenbeck 1897-98-99- and 1905-06
W. O. Bennett . . 1900 and 1909
*R. S. Miller 1901-02 and 1908
C. E. Ilunt 1907-10
F. T. Johnson. .19EI
F. A. Garvin 1912-16
CHAPTER XV.
COURTS AND THE BAR.
By A. L. L. Hamilton.
EARLY JUDICIAL DISTRICTS-"NO MAN'S LAND -COUNTY LINES IN 1864 -- COUNTY SEAT CHANGED-EARLY LAWYERS AND LAW SUITS-FIRST DEED RECORDED-FIRST AND SECOND TERMS OF COURT-HORSE THIEVES-VIGILANCE COMMITTEES-LYNCHINGS-"BUTLER COUNTY WAR -CRIMINAL AND CIVIL CASES-ATTORNEYS.
Butler county was one of the original thirty-six counties laid out by the first territorial legislature in 1855, and until the admission of Kansas as a State on the 29th day of January, 1861, Butler county was a part of the second judicial district and Hon. Rush Elmore of Alabama. associate justice of the Supreme Court of Kansas territory was assigned to hold court therein. It is quite certain that no term of court was ever held in the county while Kansas was a territory. By a statute of 1860. this county was attached to Breckenridge, now Lyon, county, for judi- cial purposes, and in the constitution of the State it was made a part of the fifth judicial district. Again on May 22, 1861, after Kansas became a State, the county of Butler was attached to Breckenridge county and courts were provided for commencing on the seventh Monday after the first Monday of March and September.
For several years prior to 1860, disputes arose, as to the boundary lines of the county on the south and east, and criminals, principally horse thieves, escaped punishment on account of the uncertainty in re- gard to the county lines. Witnesses were unable to testify as to the county in which crimes were committed, and the disputed territory became a "No Man's Land" and the the rendezvous and asylum of numerous bands of horse thieves. The law-abiding citizens were up in arms and appealed to the authorities for relief, and the legislature on February 27, 1860, passed two laws, one declaring the fifth standard parallel the South line, and the line between ranges 9 and 10 east, the east line of the county, and the other forming the county of Irving, adjoining Butler on the south and making El Dorado the county seat, the new county being thirty-six miles from east to west and twenty- four miles north and south, and comprising about all of the south twen- ty-four miles of what is now Butler county. The fifth parallel was
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HISTORY OF BUTLER COUNTY
made the north line and the line between ranges 8 and 9, east, the east line of Irving county.
There was not much change in the county lines until the legislative session of 1864, when Butler county was reconstructed, and made to include all the territory in what is now Butler and Cowley counties, the east twelve miles of the present counties of Harvey, Sedgwick and Sum- ner, the west nine miles of Greenwood, Elk and Chautauqua, and the south six miles of Chase and Marion. Early settlers say this change in county lines was demanded so that the Indians, who had stolen their cattle and horses during the war could be punished and their depreda- tions stopped. At any rate the new law had the desired effect. When this law was passed, the town of Chelsea, having been the county seat of Butler county since its organization, became the capital of the en- larged county of Butler. At this time being supposed to be the largest county in the United States, if not in the inhabited world, this county was named, and has been denominated ever since, "The State of Butler."
Very soon the settlers along the. Arkansas river and lower lower Walnut demanded that the seat of government be brought nearer to their homes, claiming that the town of Chelsea was too far away. An election was held on May 21, 1864, which resulted in the removal of the county seat to El Dorado by a large majority.
There are no records so far as known in Butler county showing that any litigation occurred here during or before the Civil war. For several years during that period a lawyer named Prince G. D. Morton lived at Chelsea, and there must have been some lawsuits there, but if so, no records of any legal proceedings have been made, or if made, they have been lost or destroyed. Early settlers say that suits were brought before justices of the peace at or near Chelsea, but only one they remem- ber of was actually tried by a jury. A man named Pratt was sued before a justice of the peace who lived on Durachen Creek, but whose name is not remembered. The plaintiff lived in Chase county, and claimed that Pratt had his horse and had converted him to his own use. P. G. D. Morton was plaintiff's attorney. The identity of the horse was the question in dispute. Pratt demanded a jury, and the case was set for a certain day for trial. Pratt sent to Wilson county for an attorney. When he came, he proved to be Capt. A. J. Miller, who later became a prominent lawyer of Butler county in the early seventies. Numerous witnesses were subpoenaed, from both Butler and Chase counties. The constable had ridden over 100 miles to summon the jury. Several hun- dred people traveled long distances to hear the trial, which lasted about a week. The plaintiff's attorney's argument to the jury consumed an entire day and a part of the night following. An adjournment until the next day was taken, when Capt. Miller's argument began. His client demanded that he put in as much time as the opposing attorney, which
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