History of Labette County, Kansas, and representative citizens, Part 46

Author: Case, Nelson, 1845-1921, ed
Publication date: 1901
Publisher: Chicago, Biographical Pub. Co.
Number of Pages: 846

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mencement, or for some other reason, and a new suit by Richardson was instituted. A suit was also commenced in the name of James Wood. These suits were instituted for the purpose of quieting the title of the plaintiffs to their lands, and to determine that the claim of the railroads thereto was without founda- tion. In the case in which Wood was plaintiff, the district court held that, upon the facts as stated in his petition, he had no standing in court. The case was appealed to the Supreme Court, where the judgment of the district court was affirmed. It was soon apparent to all that the real question at issue between the settlers and the railroads could not be finally deter- mined by these individual suits to quiet title, and plans were laid to secure action on the part of the United States in the federal courts. It was first believed that an act of Congress would be required to secure this result, and the Kansas Legislature memorialized Congress to pass a bill authorizing such action; but the matter having been brouglit to the attention of the executive department of the Government, the Attorney General expressed a willingness, on the application of the Senators from Kansas, to direct suit to be brought in the name of the United States without any action on the part of Congress. In addition to Messrs. McComas & McKeighan, the settlers had in their employ Gov. Shannon, Judge Wm. Lawrence, and Hon. J. S. Black. George R. Peck had recently been appointed U. S. District Attorney for Kansas, and through him, representing the Government, and the above-named attorneys representing the settlers' association, as his as- sistants, two suits were commenced on Febru- ary 25, 1874, in the United States Circuit Court on the part of the United States, one against the M. K. & T. and one against the

L. L. & G., for the purpose of obtaining a de- cree canceling the patents theretofore issued to them by the General Government. In October following, the judgment of that court was an- nounced, fully sustaining the settlers' claim, and directing the patents that had been issued to the railroads to be canceled. The con- panies at once took the case in error to the Supreme Court of the United States, where it was ably and fully argued on October 20, 21 and 22, 1875. On April 10, 1876, the judg- ment of that court was rendered, sustaining the decision of the Circuit Court, and finally and conclusively affirming the right of the settlers to these lands. Both of these decisions were hailed with great delight by the settlers, and immense ratification meetings were held all over the said lands in honor of the event. Not only to their paid attorneys, who so ably represented the settlers, but also to Hon. George R. Peck, who, throughout the contest in both the Circuit and Supreme Courts, brought to their aid his best talents, were the settlers largely indebted for the victory thus won.

FURTHER LEGISLATION.

As soon as the decision was announced, steps were at once taken to procure Congress- ional legislation whereby the settlers could ob- tain title, the time in which this could be done minder the joint resolution of April 10, 1869, having long theretofore expired. A bill was prepared by Gov. Shannon, approved by the Grand Council, and rapidly pushed through Congress by Hon. John R. Goodin, who then represented this district in the House, and our Senators in the Senate; and it was on August II, 1876, approved by the president.

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EXPENSES.

The expenses attending the contest in the courts were of course very great. Fees of the attorneys who were employed, two or three of whom had national reputation, were large, and many other expenses had to be borne. Nearly every settler on the Ceded Lands, whether he had or had not acquired title to his home, or whether the title was or was not involved and depended upon litigation then in progress, came to the aid of the cause by giving his note. Those whose title was not in contest gave a shorter form of note, but those whose land was in litigation gave notes which were gen- erally in the following form :

"AGREEMENT.

"Know all Men by these Presents : That whereas, the undersigned, -, has settled upon and improved the - quarter of section -, town -, range -, situated in the county of - and State of Kansas, and claims the same under the preemption laws of the United States; and whereas, the - Railroad Com- pany claim the same land, under and by virtue of the laws of the United States ; and whereas, the said contending parties are about to make up test cases to submit to the judicial tribunals of the country, so as to procure a judicial de- termination of the question whether said land is or is not subject to preemption, or whether the said railroad company has any right there- to or not : and whereas, the undersigned, with others holding similar preemption rights, is de- sirous to secure the professional services of Hon. J. S. Black, of Pennsylvania. Hon. Wm. Lawrence, of Ohio, and Hon. Wilson Shan- non, Sr., of Kansas, in the argument and man-

agement of said case and the legal questions involved therein: Now, therefore, I,

in consideration of said legal services, do ob- ligate and bind myself to pay to the said J. S. Black, Wm. Lawrence, and Wilson Shannon, Sr., the sum of - dollars, so soon as the court of final resort shall determine that said railroad company is not entitled to said lands, and that the same are subject to preemption under the laws of the United States. The determination of any one case is to be consid- ered as determining the legal questions as to all other lands similarly situated as to the legal questions involved in the case.

"Given under my hand, this - day of -, A. D. 1873.

"Attest : -- [Seal. ]"

In this way the main part of the money required to meet the expenses of the suit was raised; but in January, 1874, the Legislature passed an act appropriating $2.500 on the part of the State to assist in this enterprise. The incidental expenses of the association were met by quarterly dues of 25 cents per member.

It is not improbable that many settlers spent as much in time and money in carrying on the contest as their homes would have cost them had they purchased them from the railroad companies ; but taking the whole body of set- tlers the cost was comparatively small com- pared with what they would have had to pay for their title had they obtained it through the railroad companies. One thing that had a strong tendency to unite the settlers in making .the contest was the exorbitant price put upon the lands by the companies when they were placed upon the market and offered for sale. Had the lands, as soon as the companies ob- tained their patents, been offered for sale at a fair price, it is not unlikely that so large a

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proportion of the settlers would have pur- chased, that the others would have been with- out sufficient strength to successfully inaug- urate and carry on the contest.

The settlers had a right to congratulate themselves over the result, not only because

it secured them individually great personal ad- vantages, but not less because it was a vindi- cation of a right principle, and showed that a body of men, though poor, when banded to- gether and determined may secure their rights even against great odds.

CHU Brak

Representative Citizens

ILLIAM BUSBY, an extensive coal operator, and mayor of the city of Parsons, whose portrait is herewith shown, is one of the best known citizens of Labette county, Kansas. The life of this gentleman stands out as a shining ex- ample of what may be accomplished by indus- try. Granted only a limited education, he was thrown upon his own resources at an early age, and the success which has attended his efforts is the result of persevering diligence and keen foresight. Taking advantage of opportunities as they presented themselves, he steadily in- creased his operations until they assumed vast proportions. He now employs about 600 men, and his daily pay-roll is about $1,500. He has been identified with many of the most worthy enterprises instituted for the good of the city, and as executive of the city of Par- sons is as successful as in the management of his private affairs. He was born near Trenton, New Jersey, September 5, 1854, and is a son of George and Margaret (Lunney) Busby.

George Busby was born in England, came to America at the age of twenty-three years, and settled in the vicinity of Trenton, New Jer- sey. He at once engaged in agricultural pur- suits, a vocation he followed during all of his active life. After remaining in New Jersey for several years, he moved to Ohio, and after-

ward to Illinois. In 1867 he came west to La- bette county, Kansas, with his family, and set- tled upon a tract of uncultivated land in the vi- cinity of Matthewson. There he remained un- til his death. He was a man given to hard work, and was upright and honest in his deal- ings with all. He was a Republican, in politics, and in religious attachments was a member of the M. E. church. He married Margaret Lunney, a native of the North of Ireland, and they became the parents of six children, of whom William was the eldest.

William Busby received a limited mental training in the public schools of Illinois and Kansas. He worked upon his father's farm until two years after his marriage, when he determined to better his condition. He en- gaged in buying and shipping grain at Mat- thewson, on commission, and having accumu- lated a small capital at the end of one year, he decided to extend the business, and there- upon located at McCune, Kansas. He also engaged extensively in dealing in coal there, for nine years. In 1889, he removed to Par- sons, although he still retained his interests at McCune. He then gave evidence of shrewd business ability and sound judgment, by ac- quiring considerable property in the Indian Territory, at a time when others were pro- nouncing it worthless; this has proved to be

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one of the best paying investments he ever made. His coal mines are located at Wilbur- ton, McAlester, and South McAlester, in the Indian Territory, and at Mineral, Kansas. His operations are very extensive, and require a large force of workers. Besides attending to his mining interests, he is general sales-agent for the Chocktaw, Oklahoma & Gulf Railroad Company, with branch office at Oklahoma City, and main office at Parsons. He is in- terested in several enterprises in the city of Parsons, and is president of the Par- sons Building & Mercantile Company, and vice-president and treasurer of the Parsons Crystal Ice & Cold Storage Company. He owns considerable valuable real estate in the city, as well as the handsomest residence,-it is built in the colonial style of architecture, and is located on the corner of Morgan and Fif- teenth. streets. Mr. Busby is a self made man in every sense that the term applies, and the people of the county are proud of his achieve- ments. He has not only been the means of af- fording employment to hundreds of men, but has extended aid to all deserving it, and has given his support to charitable enterprises in a liberal manner. He is a strong Republican, in politics, served as councilman for the second ward, from 1894 to 1895, and was elected mayor of Parsons in the spring of 1901.

Mr. Busby was united in marriage with Sarah L. Bell, by whom he has the following children : Mabel L., Edna. Ralph H., Roy C., Paul D., Ruth A., and two who died in infancy. Mabel L., the eldest, married W. G. Endicott, of St. Joseph, Missouri. Frater- nally, the subject of this sketch is a member of McCune Lodge, No. 237. A. F. & A. M .; Par- sons Chapter and Commandery; Ellsworth Council; and Ararat Temple of the Mystic Shrine, and Consistory No. I, of Topeka, Kan-

sas. He and his wife are devout members of the Presbyterian church, in which he is a deacon.

EREMIAH B. BOYD, of Parsons, Kansas, familiarly known as "Jerry," is a self-made man in every way, and has secured for himself a reputation as a keen judge of horseflesh and fair dealing in that line,-having made this subject a life study. He was born at Fredericktown, Wash- ington county, Pennsylvania, in 1853, and is a son of G. A. and Lavina (Wise) Boyd. The latter is deceased, and the former is a station- ary engineer at Galena, Kansas. Our subject has one brother, W. H. Boyd, who resides near Parsons, and is a prominent farmer and stock raiser. One sister died many years ago.

While a mere boy, Jeremiah B. Boyd left his home in Pennsylvania and was virtually reared in LaSalle county, Illinois, where he attended the common schools. While in Illi- nois his marriage with Julia Hungerford was consummated. One daughter was born to them, who is now deceased. In 1877 Mr. Boyd went west, and located just across the Labette coun- ty line in Neosho county, where he engaged in agricultural pursuits and stock raising. He was one of the first to introduce Percheron horses into that section of the country. Grad- ually Mr. Boyd turned his attention more and more to dealing in stock until he finally leased his farm, and has since devoted his entire time to stock. For five years he was connected with J. M. Grant, of Oswego, but for the past several years he has conducted business alone at Parsons, which has practically been his home since 1878. He buys and ships horses, and also makes a specialty of buying thin horses for a small sum and, before disposing of them,

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putting them into No. I, salable condition. At his home place, a barn, 50 feet square, is pre- pared for this purpose ; two-thirds of the build- ing is utilized to keep horses and mules on full feed, being provided with feeding troughs which are constantly supplied with oats, hay, corn, etc. Every possible convenience calcu- lated to reduce the work to a minimum is to be found about the barn, such as water works, water troughs, etc. Two assistants are usually employed.

Mr. Boyd attends to the greater part of his extensive business personally. however, deal- ing not only in Percheron and other standard breeds, but also handles some Oldenburg Ger- man Coach horses. In addition, he makes a specialty of supplying high-class draught horses and teams and fire department teams. He is justly regarded as a leader in horse deal- ing. He has conducted his business most suc- cessfully, and now has a wide reputation all over Southern Kansas. He purchased his present residence at 1817 Clark avenue, in 1888, and it is his intention to replace this with a handsome modern structure in the near fu- ture. In his political sentiments, he is in ac- cord with the Republican party. He began with nothing except an abundant supply of. good health and will power, and his prosper- ity is solely due to his own efforts, integrity and ability to make good bargains. He has won the esteem of those with whom he has business dealings, and also of those whom he meets in a purely social way.

R EV. E. A. GRAHAM, who was among the first ministers of the Gospel in Labette county, Kansas, and one of the oldest, if not the oldest, in the state, came to this county about 1879, as a

Methodist preacher. A man of great strength of character and a devout Christian worker, he made his influence felt in the community, and did a grand work in improving the moral tone of the county. Since 1885 he has been located at Mound Valley, and has preached more or less as a local minister, although he has been active in different business ventures. He is now engaged in the general merchandise busi- less, as a member of the firm of Graham & Cruzan. Mr. Graham was born in Connecti- cut, October 8, 1829, and is a son of James S. and Mary ( Ingraham) Graham.

Jamies S. Graham was a ship carpenter by trade, who moved to Iowa and from there to Kansas in 1871, and remained with his son, E. A .. until his death, in 1875. His wife sur- vived him until 1878. Both were born in Con- necticut, he of Scotch and she of English par- entage. They reared three sons and one daughter, as follows: William H., who died in Connecticut, in 1890; Edward A., whose twin died in infancy : Joseph, who died in 1876; and Mary ( Alexander ), a twin of Joseph, who was married in Connecticut, and died in Iowa.

Edward A. Graham attended the common schools of his native state. and learned the trade of a carpenter, which stood him in good stead when he was sent, as a pioneer minister, to the western wilds. He followed his trade several years, and was sent to the Kansas conference in 1867, his first charge being at Burlington, Kansas. He has been located in much new territory in Kansas, and was a great benefac- tor in every community in which he lived. He first came to Labette county in 1879, and preached in school-houses in lieu of church edifices, which were few at that time. He built the first church at Mound Valley, also at Hope- well and Altamont. He solicited funds for the erection of each, superintended the con-

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struction, and also worked on them. He lo- cated permanently at Mound Valley in 1885, and has since preached off and on as a local minister. He was a member of the furniture firm of Graham & Beggs for many years, and in 1897 engaged in the general merchandise business with William G. Cruzan, under the firm name of Graham & Cruzan. He is now practically retired from active business labors. He has been a successful and upright business man, and is highly respected by all who come within his influence.

Mr. Graham was united in marriage in Connecticut with Fannie Skinner, a native of that state, who died in July, 1900, at the age of sixty-five years,-a faithful Christian woman. Two children were born to them, both of whom died in infancy. In politics he strongly advocates Prohibition principles, but in national campaigns he has supported the Re- publican party. He was a member of the In- dependent Order of Odd Fellows for a period of twenty-one years, but is not now so affili- ated. He is a member of the Ancient Order of United Workmen.

R EV. SALEM HEDGES, a minister of the Methodist Episcopal church, in Liberty township, Labette county, Kansas, is living on section 10. He was born in Fairfield, Ohio, in 1836, and is a son of William C. and Mary C. (Thomas) Hedges.

William C. Hedges was born in Wheeling, West Virginia, in 1807, and his death occurred in Osage county, Kansas, in 1870. His wife, who was Mary C. Thomas, was born in Lan- caster county, Pennsylvania, in 1815, and died in Franklin county, Kansas, in 1892. They

reared the following children, namely : Salem; Zelda (McClelland), of Charleston, Illinois ; Elijah N., of Coles county, Illinois; Mary, de- ceased ; John, of Osage county, Kansas; Dru- silla (Reihl), of Osage county; Catherine (Jamison) ; and George, of Colorado; and Missouri (Hedges), of Franklin county, Kansas.

Salem Hedges, whose name appears at the opening of this biography, lived in his native state, Ohio, until 1856, when he moved to Coles county, Illinois. In the fall of 1862 he en- listed in Company C, 123d Reg., Ill. Vol. Inf. In 1863 and 1864 Rev. Mr. Hedges was with the famous Wilder's brigade of mounted in- fantry, and took part in the battles of Chick- amauga, Farmington, Perryville, Milton Hill, and several minor engagements. He was wounded, and as a consequence, was honor- ably discharged in 1864, after which he re- turned to Coles county, Illinois, where he be- came a minister of the Gospel. He was a member of the Illinois conference of the Meth- odist church for seventeen years, and in 1883 was transferred to the South Kansas confer- ence. He traveled in that district for fifteen years, and in 1899 settled on the farm where he now lives. He is universally beloved and respected by all in the community, where his many charitable acts are greatly appreciated. He goes to and fro, comforting those in sick- ness and distress, and his friends in the county are legion.

Rev. Mr. Hedges married Ruth Smith, who was born in Marion county, Indiana, in 1845. She was a daughter of Jacob and Lu- cinda ( Potter) Smith. Jacob Smith was born in Switzerland county, Indiana, in 1822, and died in Marshall, Illinois, in 1895. His wife was also born in Indiana, in 1827, and her death occurred in Pennsylvania, in 1847.

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They reared two children,-Ruth and Albert. The subject of this sketch and his wife have been blessed with four children, as follows : Nettie (Tilton), of Edna, Kansas, whose chil- dren are,-Grace, Clyde, Fred, and Ruth; Frank P., who is in Oswego, Kansas; Rhoda (Ramsey), who lives in Elsmore, Kansas; and Paul, who lives in Labette county. Rev. Mr. Hedges is a stanch Republican. He is a mem- ber of the G. A. R., and also of the Masonic order.

R ICHARD A. DAVIS, for many years a successful farmer, of Labette coun- ty, Kansas, has efficiently served in the capacity of postmaster of Alta- mont since 1897. He is a man of great popu- larity, and has many friends throughout the county.

Mr. Davis was born in Vermilion county, Indiana, August 30, 1840, and is a son of Sam- uel and Elizabeth (Hasty) Davis, and a grandson of Absalom Davis. Samuel Davis was born at West Union, Ohio, in 1811, and in 1827 went to Vermilion county, Indiana, where he followed farming until his death, in 1889. He was a Whig, and afterward a Re- publican in politics. He married Elizabeth Hasty, who was born in Vermilion county, In- diana, in 1813, and died in 1854. They reared the following children: Richard A .; Barbara ( Walker), a resident of Vermilion county, Indiana; Robert N., deceased; Joshua N., of Vermilion county, Indiana ; and Mary (Clear- water), of Edgar county, Illinois. Samuel Davis' second wife was Catherine Cain, who died at the age of sixty years, leaving one daughter, Emily.

Richard A. Davis was reared in his native

county and there received his schooling. He enlisted as a private in Company I, 14th Reg., Ind. Vol. Inf., in 1861, and was subsequently commissioned sergeant. He was in the Army of the Potomac and participated in all of its important engagements. He was wounded in the leg at the battle of Spottsylvania Court House, and was mustered out of the service in 1864. After the war he returned home and farmed in Vermilion county, Illinois, until 1883, when he sold his property, went to Kansas, and settled on section 3, Fairview township, in Labette county. He owned a very fine farm, which he successfully cultivated until 1897, when he moved to the city of Alta- mont, where he has since resided. In the fall of the same year, he was appointed postmaster, -- an office he has filled in a most creditable manner.

In 1866 Mr. Davis was joined in wedłock with Sarah Rogers, and they are the parents of eight children, as follows: Flora, deceased; Charles ; Frank ; Fred, who married Sally Reid; Harry; Sarah B .; Paul; and Samuel. The subject of this sketch is a member of Topping Post, No. 268, G. A. R., of Altamont, and has served in its various offices. In politics he is a firm supporter of the Republican party.

ON. MORRILL INGALLS DAVISS, a prominent farmer of Fairview town- ship, Labette county, Kansas, repre- sents his district in the state legisla- ture of Kansas. He was born in Boston, Massachusetts, May 2, 1841, and is a son of Joshua L. and Jemima (Ingalls ) Daviss.

Joshua L. Daviss was born at Ryegate, Vermont, and was there reared and schooled. He applied himself to agricultural pursuits and

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followed that occupation all his life. He moved from Boston to Cuyahoga county, Ohio, where he lived fifteen years, and then removed to Minnesota, and thence to Missouri, where he lived on Gen. U. S. Grant's farm, near St. Louis, until his death. He married Jemima Ingalls, who was born in Vermont, and died at the age of seventy-eight years. They were the parents of five children : James; Augustus J .; Cordelia (Mullen) ; Morrill Ingalls; and Fred W.

Morrill Ingalls Daviss is distantly related to Peter Morrill, of Vermont, and to ex-Gov. Morrill, of Kansas. He received his mental training in Ohio, and lived there until his nineteenth year, when he went to Winona county, Minnesota. There he resided and was engaged in farming until 1875. He enlisted from that county, in 1864, in Company .K, Ist Reg., Minn. Heavy Artillery, and served in Tennessee most of the time: He was honor- ably discharged in 1865. In 1875 he moved from Minnesota to Missouri, and lived on Gen. Grant's farm, near St. Louis, for three years, whence, in 1878, he came to Kansas. He set- tled on a farm near Columbus, Kansas, and lived there for sixteen years. In 1894 he moved to Labette county, Kansas, and pur- chased his present farm in the southwest quar- ter of section 15, Fairview township. He has been a very successful farmer. He is a Popu- list, in politics, and has taken an active interest in party work. He was trustee of his town- ship in 1896, and was trustee of the Labette County High School from 1896 to 1899. At the fall election of 1899 he was elected a mem- ber of the state legislature, and is now serving in that body. He has been faithful to the best interests of his district and county, and his service has met with the hearty approval of his constituents.

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History of Labette County, Kansas, and representative citizens, Part 46

Author: Case, Nelson, 1845-1921, ed Publication date: 1901 Publisher: Chicago, Biographical Pub. Co. Number of Pages: 846

Author: Case, Nelson, 1845-1921, ed
Publication date: 1901
Publisher: Chicago, Biographical Pub. Co.
Number of Pages: 846