USA > Kansas > Labette County > History of Labette County, Kansas, and representative citizens > Part 5
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These items are given for the purpose of showing how gradually the commissioners fur- nished offices and provided safeguards for the county property. Small bills of office furniture were procured from time to time as the ne- cessities of the case seemed to require, but at no time has there been any lavish expenditure of money in furniture or other accommoda- tions for the county offices.
SELF-ORGANIZED COURTS.
Prior to the summer of 1866 there was really no civil protection for the settlers re- siding in what is now Labette county, it be- ing then a part of Neosho county. They had in theory civil officers, but they were so far away, and the organization of Neosho county was at the time so crude and imperfect, that little reliance could be placed by the settlers in this part of the county receiving any aid from the officers up there.
In June, George Bennett, of Montana, was appointed justice of the peace, and in Septem- ber, C. H. Talbott, of Oswego, was likewise appointed. But even after their appointment,
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AND REPRESENTATIVE CITIZENS.
the arm of the law could hardly be said to have sufficient strength to vigorously deal with law- breakers. This lack of civil law, almost of necessity, forced the settlers into an organiza- tion of their own for the purpose of protecting their rights and rendering redress to those who complained of having suffered grievances. Several of these organizations were formed early in 1866, and in them a sort of judicial air was maintained and the forms of law par- tially observed, and to the end that the real party at fault might be discovered, and only those who were guilty should suffer. One of these organizations, known as the Soldiers' Club, was organized at Oswego in the spring of 1866; W. C. Watkins was president; D. M. Clover vice-president, and Maj. Victor secre- tary. It met in Clover's cabin by the river. Another of these organizations was formed by the settlers on Hackberry and Labette creeks; another one existed at Oswego, and still another on the Neosho, in the northern portion of the county. Each of these had more or less business in the way of settling disturbances among the settlers, and on one or two occasions resort was had to measures which to some would seem severe.
Francis Wall, of Fairview township, had a yoke of oxen stolen. Investigation revealed the fact that James Moss, a settler on Hack- berry, had been peddling meat about the time that Mr. Wall's oxen were missing. The local court became satisfied that Mr. Moss and some of his neighbors were the parties guilty of stealing Mr. Wall's oxen, and concluded that the best thing to do was to have them leave the county, and then to appropriate and sell their claims and apply the proceeds toward reimburs- ing Mr. Wall for his oxen, and the balance to be used for contingent court expenses. A committee visited the parties at their homes
and informed them of the judgment of the court, to which they took several exceptions ; but the order was imperative, and by the help of some of the members of the court the goods of these parties were placed in their wagons and they were told that the best thing for them to do was not to be seen there any more. It was not long after this until a deputy sheriff from Neosho county came down for the arrest of some dozen members of the court who were engaged in this act of depopulation. The par- ties were taken in charge by the deputy sheriff and his posse, but before they had reached the line that now divides Neosho and Labette counties, the Neosho county party were in- duced to believe that it would be as well for them not to further insist on taking their pris- oners with them. A proper return was made out on the warrant relieving the officers from responsibility, and the parties returned to their homes.
A large part of the business of these courts was in settling disputes between settlers in reference to their claims. Very few men were found who would insist upon a course of con- duct which had been condemned by one of these courts, and usually their judgments were as well obeyed as are those of the courts that have since been established by law.
DISTRICT COURT.
Labette county was a part of the territory constituting the Seventh Judicial District of the State of Kansas until the 1870 session of the Legislature created the Eleventh Judicial District, since which time until 1901 Labette county was comprised in that district. On February 22, 1901, a law went into effect, de- taching Montgomery and Labette counties from the Eleventh Judicial District and form-
40
HISTORY OF LABETTE COUNTY
ing them into the Fourteenth Judicial District. Cherokee county, alone, now forms the Elev- enth Judicial District. The judges of the court have been William Spriggs, of Garnett; John R. Goodin, of Humboldt; William C. Webb, of Fort Scott; Henry G. Webb, of Os- wego; Bishop W. Perkins, of Oswego; George Chandler, of Independence; John N. Ritter, of Columbus; Jerry D. McCue, of Independ- ence; and A. H. Skidmore, of Columbus.
On June 5th, 1867, the board of county commissioners "Ordered that the District Court will organize in Labette county, Kansas, at as early a day as practicable; WV. Spriggs, Judge, will be notified by the county clerk to fix the day and month." And thereafter, on August 19, 1867, the board made the follow- ing request :
"To the Hon. Mr. Spriggs, Judge of the Seventh Judicial District: We, the under- signed Commissioners of Labette county, do hereby request that you order a grand jury for the October term of the District Court for Labette county, State of Kansas."
The first term of the court held in the coun- ty convened on Monday, October 7th, 1867, and continued until the 11th, when it finally adjourned. In compliance with the request of the county commissioners, a grand jury had been ordered and drawn, and the first thing done upon the opening of court was to call the list of the grand jury. The following persons responded : H. W. Latham, D. B. Shultz, James F. Molesworth, David Stanfield, Josephi McCormick, J. S. Lee, Dempsey Elliott, W. C. Watkins, and W. D. Birum. Upon the di- rection of the court, the sheriff filled in the panel with the following: Z. Harris, J. M. Dodson, Wm. H. Reed, E. W. King, Enos Reed, and J. Huntley. These 15 were duly sworn and charged. Joseph McCormick was
appointed foreman, and Charles E. Simmons, deputy sheriff, was assigned to them as their bailiff.
The next action taken by the court was the appointment of W. J. Parkinson as county at- torney. The following attorneys seem to have been admitted to practice in other courts, and to have been recognized as attorneys at this, viz .: J. D. McCue, WV. P. Bishop, W. J. Park- inson, and W. A. Johnson. Committees were appointed to examine applicants, and after what what was supposed to have been an examina- tion and the applicants having satisfactorily shown their qualifications therefor, the follow- ing were duly admitted to practice : N. L. Hib- bard, J. S. Waters, Charles H. Bent, J. F. Newton, W. C. Watkins, and C. C. Clover.
As far as appears from the records, no case, either criminal or civil, was tried at this term of court. Some preliminary matters in the shape of demurrers, motions to make rec- ord more complete, etc., were presented to and decided by the court. A jury was impaneled in one case, but plaintiff finding it necessary to. amend petition, the case was continued without trial.
The first indictment found by the grand jury was against Samuel Gregory, who was charged with assault and battery with intent to kill Willoughby Doudna, with a whip-stock; and by another indictment he was charged with attempting to kill James M. Dodson with a revolver. From the fact that at a subsequent term of the court Mr. Gregory, with consent of the county attorney, pleaded guilty to an as- sault and battery alone, and was released from the charge with intent to kill, upon which .plea he was fined $10 by the court, it may fairly be inferred that the offense was not considered very aggravated.
The first motion that seems to have been
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AND REPRESENTATIVE CITIZENS.
made in court was by J. D. McCue, to require the justice to send up a complete transcript in case No. I, James P. May vs. John Stag- inaff, which was an appeal from Justice Lo- gan's court.
This was the only term of court in this county presided over by Judge Spriggs. Be- fore the convening of the next term, in April, 1868, the Hon. John R. Goodwin had suc- ceeded Judge Spriggs on the bench.
HOME FOR THE POOR.
Prior to 1873 the poor of the county had been cared for by the trustees of the respective townships, and the bills contracted in their support paid by the county. This item of ex- pense became a heavy burden, and a general desire for a better system was expressed. The county commissioners submitted to the electors of the county, at the spring election held April I, 1873, a proposition to vote $10,000 to pur- chase and improve a poor-farm. The propo- sition carried by a large majority. The bonds were sold to Hobart & Longwell, at 85 cents on the dollar. The commissioners bought the northwest quarter of S. 33, T. 33, R. 21, and paid therefor $4,000. They immediately made arrangements for the erection of a house thereon, and by October of that year the house now standing on said farm was ready for oc- cupancy.
On May 7, 1873, it having been determined to open the asylum for the poor in temporary quarters until the county house could be erect- ed on the farm just purchased, T. B. Julian and his wife Emily C. Julian were employed as superintendent and matron of the house, at a salary of $40 a month for the former and $20 a month for the latter; they to provide a building ready-furnished, and receive and
care for all the poor who would be sent them; the county to furnish provisions. Under this arrangement the asylum was opened about the Ioth of May, 1873, in the two-story building then and now standing on lot 8, in block 39, in Oswego, on the north side of the block on which the court-house stands. Here it was kept until the county house was finished, in October of that year, when the home was per- manently established there.
LIST OF SUPERINTENDENTS OF POOR-FARM.
T. B. Julian, from May 8, 1873, to Septem- ber 8, 1874; H. G. Newton, to October 3, 1876; W. H. Carico, to October 10, 1878; Robert A. Hogue, to March 1, 1880; James H. Haggerty, to February 15, 1884; John Mc- Caw, to November 6, 1884; J. H. Haggerty, to March 1, 1885; J. A. Warbington, to March 1, 1889; William Dudgeon, to March 1, 1891; L. H. Summers, to March 1, 1892; William Dudgeon, to 1897; L. H. Summers, to 1901; George Guntle.
BRIDGES.
NEOSHO TOWNSHIP.
Before any other township had moved to bridge its streams, or any action had been taken by the county looking to that end, Neosho township, early in 1868, took steps to bridge several of the streams leading into the Ne- osho. A tax of one and one-fourth per cent., to pay for such bridges, was levied that year. The dissatisfaction that resulted from this ac- tion was because of the belief that the money was not to be honestly appropriated, but that bridges of an inferior quality would be erected, for which a large price was to be paid. There- upon, Anthony Amend was appointed commis-
42
HISTORY OF LABETTE COUNTY
sioner by the board of county commissioners, to make estimates and oversee the construc- tion of these bridges.
PROPOSITIONS BY THE COUNTY.
On June 21, 1871, the board, on petition of 96 electors, submitted a proposition to vote $40,000 for bridges in the county, and an elec- tion was called for July 21st. This proposition was opposed by the Register, but favored by the Advance; the latter, however, advocating making it $75,000 instead of $40,000. After- ward the commissioners changed the amount to $105,000, and fixed the date of election for the latter part of August. It was proposed to expend the money as follows: $20,000 each for four bridges over the Neosho at points at or near Chetopa, Oswego, Montana, and Par- sons, and the balance was to be expended in bridges at one or more points over Labette, Hackberry, Pumpkin, and Big Hill creeks. A large anti-bridge-bond meeting was held at Mound Valley, and strong grounds taken against the issuance of bonds. On canvassing the vote it was found that not a single vote had been cast for bonds excepting in four town- ships; these were as follows: Montana I, Labette 5, Chetopa 156, Parsons 83, total. 245; all the rest of the vote, amounting to 1,295 votes, was against the bonds.
BRIDGES ACROSS THE LABETTE.
The first bridge in the county built by order of the county commissioners was across La- bette Creek, west of Oswego. The steps lead- ing to this commenced on July 17, 1869, when the commissioners ordered the question of is- suing $1,300 in bonds to be submitted to the electors at the next general election. At the
election held in November of that year, the proposition for issuing bonds was carried, and on December 16th following the board issued $500 of the amount so voted to Thomas Powers, and contracted with him for the con- struction of the bridge. On November 14, 1870, the contractor having failed to complete the bridge, the $500 (amount appropriated by the county ) being insufficient, the commission- ers sold said bridge to Thomas Powers and W. W. Babbitt, who proposed to make of the same a toll bridge; they agreeing to pay the county $1,000 in ten years. On February 20, 1871, Messrs. Horner, Weaver, Patrick and Condon were appointed a committee to see about the re-purchase of this bridge for the county. On March 3d they reported that the bridge was worth $2,500, and recommended the board to liquidate the outstanding obliga- tion against it, and to assume control of the same. On April 3d, by agreement, the con- tract with Messrs. Powers and Babbitt was canceled, the county agreeing to pay $850 and take the bridge. The bridge was soon there- after completed. On April 12, 1878, an order of the board was made to repair this old bridge, at a cost of not to exceed $985. Subsequently this order was revoked, and on June 5th a new bridge was ordered constructed. The site of the bridge was changed from the section line to a point farther down the creek, near where it crosses the township line from Fair- view township to Oswego township. In 1884 this old wooden bridge was replaced by an iron bridge, at a cost of $1,995.
On April 17, 1878, the board directed the construction of a bridge across the Labette, on the line leading from Oswego to Chetopa, at a cost of $999. With this a wooden bridge was constructed, and ready for crossing in October of that year. This bridge stood until
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AND REPRESENTATIVE CITIZENS.
1885, when it was replaced with an iron struc- ture, at a cost of $2,000.
In 1883 an appropriation of $1,300 was made for a bridge across the Little Labette, and in 1884 an appropriation of $2,500 for a bridge across the main Labette, both near Parsons.
A good bridge also spans this stream in Liberty township, west of the town of La- bette; and perhaps there may be bridges at other points, of which I have not spoken.
BRIDGES ACROSS THE NEOSHO.
In the fall of 1871 Chetopa voted $10,000 for a bridge across the Neosho, work on which was commenced at once, and the abutments were completed early in 1872. Before the re- organization of the board of county commis- sioners in January, 1872, the old board made an appropriation of $950 to aid in the con- struction of this Chetopa bridge. This was a frame structure, and was completed in 1872; it remained until the spring of 1878, when it was washed away by high water. During the next year there was no bridge at this point, a ferry-boat being the means of crossing. In the spring of 1879 steps were taken to build a new bridge; it was nearly done, when, in July, a wind storm blew it down; work was again commenced, and it was nearly completed when, on August 14th, it was again entirely washed out by a rise in the river; it was not until November that the bridge was completed and ready for use. This bridge was a combina- tion of wood and iron and cost $1,900, $999 of which was paid by the county, and the bal- ance by Chetopa.
In 1888 this bridge gave place to the fine iron structure which now spans the Neosho at 3
that point and which was erected entirely by the county, at a cost of $8,500.
On June 30, 1872, Oswego city and town- ship voted $20,000 for the purpose of con- structing two bridges across the Neosho; one was to be located north and the other south- east of town. A contract was made with the King Iron Bridge Company for the erection of these two bridges, for the sum of $19,650, to be completed by December of that year. By some means the bonds were issued and deliv- ered before any work was done, and as usual- ly happens under such circumstances, the work was not done. Finally, some two years there- after a compromise was effected with the bridge company whereby it was to put in one bridge and be released from its further obli- gation. In 1874, under this arrangement, the bridge now spanning the Neosho north of town was constructed, and on November 27th of that year teams passed over it for the first time. On June 7, 1886, Oswego donated this bridge to the county, and it was accepted by the county as a county bridge.
In 1885 it was arranged between the offi- cers of Oswego city and the commissioners of Cherokee county to build a bridge across the Neosho at a point directly east of Oswego, in Cherokee county. Under this arrangement an iron bridge was constructed during the year, for which Oswego built the piers and abut- ments and Cherokee county put on the struc- ture. In April, 1885, the middle pier of this bridge, which was then being erected, was washed away; in February, 1886, the bridge was completed and accepted.
Several efforts have been made to secure a bridge across the Neosho at Montana. On September 29, 1881, Dr. J. M. Mahr pre- sented the petition of himself and 131 others, asking for an appropriation to build a bridge
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HISTORY OF LABETTE COUNTY
at that point. The commissioners did not make the appropriation, for the reason that the amount required was beyond the amount they were authorized to grant ; but they made an or- der submitting a proposition to the electors to vote on at the November election, whether or not they would authorize the issuance of $9,000 for the construction of such a bridge. At the election 309 votes were cast in favor of the proposition and 1,513 against it.
In 1885 the Legislature passed an act authorizing the commissioners to build a bridge across the Neosho, at a point to be designated by three commissioners appointed in the act.
At the time of the passage of this law it was intended that provision was to be made for two bridges-one at Montana, and one east of Parsons and these points were desig- nated by the commissioners. Notwithstand- ing the strenuous efforts that were made to procure an appropriation for a bridge, the board of county commissioners refused to act that year.
In January, 1886, under authority of the act of 1885 above referred to, the board ap- propriated $7,000 for a bridge across the Ne- osho directly east of Parsons, and it was built that season.
In 1888 the board made an appropriation of $8,500 for the construction of a bridge across the Neosho at Montana, and with this the iron bridge now spanning the stream at that point was built.
BRIDGES ACROSS OTHER STREAMS.
Without going into the particulars as to each appropriation made for bridges over the various streams in the county, I may say that appropriations have been made by the board for bridging all the streams in the county at
nearly every point where they are crossed by the principal thoroughfares: Hackberry, Pumpkin, Deer, Bachelor, Big Hill, The Cut -. Off, Chetopa, Turkey, as well as some of the. smaller creeks, are spanned with substantial bridges which have been erected at the coun- ty's expense.
I think the general opinion is that the money expended for these bridges has been as wisely appropriated as any that the board has been called upon to make, and that no one feels that too much has been done in that di- rection.
In building these bridges the board has usually required the township in which the bridge was located to put in the approaches, and sometimes to do even more than this; but generally the main part of the expense has been borne by the county.
U. S. CENSUS.
TOWNSHIPS
1870
1880
1890
1900
Neosho
515
728
621
515
North
581
895
850
803
Walton
477
694
714
677
Osage ..
930
1,394
1,588
1,486
Mound Valley (includ-
ing city) ..
275
1,408
1,829
1,840
Labette.
282
626
773
697
Liberty
720
906
861
938
Montana.
783
871
838
697
Oswego
640
942
660
493
Fairview.
464
852
826
824
Mt. Pleasant (includ-
ing Altamont city) ..
249
657
1,230
1,255
Canada
480
675
741
705
Howard
752
828
827
Elm Grove (including
Edna city)
1,096
1,400
1,454
Hackberry
637
1,104
1,184
1,220
Richland
784
1,280
1,068
1,047
CITIES
Chetopa.
960
1,305
2,265
2,019
Oswego
1,196
2,351
2,574
2,208
Parsons.
4,199
6,736
7,682
Total of county. .
9,973
22,735
27,586
27,387
Eltamont
454
546
Adna ..
26
321
374
Mound Valley
138
545
533
...
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AND REPRESENTATIVE CITIZENS.
ASSESSMENT FOR 1867.
The following is the amount of taxable property in the several townships of the coun- ty as reported by the county assessor on the first assessment ever made of the county in the year 1867:
NAME OF TOWNSHIP
Amount of Taxable Property
NAME OF TOWNSHIP
Amount of Taxable Property
Oswego.
$18,126 00
Montana.
$9,369 50
Chetopa .
16,961 00
Neosho.
17,120 00
Hackberry
5,609 00
Labette.
3,116 00
Canada
2,549 00
Big Hill.
1,862 00
North
4,596 00
TAX SALES.
So many different considerations enter into the question of the payment or non-payment of taxes that I shall not attempt to assign any reason for the fact that in several years a very large proportion of the real estate has gone to tax sale. In 1877 an act was passed author- izing a sale of all real estate on which any county or city held tax-sale certificates ; pro- ceedings were required by which a judgment was rendered determining the amount due on each tract, and directing the sale of such tract to be made by the sheriff substantially as upon execution. Under the provisions of this act, one and one-half pages of the Independent were occupied in July, 1877, by a notice de- scribing the real estate on which judgment was to be asked. A small part of this property was redeemed before it went to sale, but the bulk of it was sold in December of that year, under these proceedings. As will be seen by the fol- lowing statement, prior to 1877 very much more land went to sale for taxes than after that date. In 1873 the Advance contained 25 solid columns of description of real estate to be sold at tax sale. In 1874 the Independent
contained 35 columns of such matter ; in 1875, 23 columns. In 1876 the list was embraced in eight columns in the Herald. In 1877 it filled but seven and one-half columns of the Independent. In 1878 12 columns of the In- dependent were required ; and a less amount of space has been required each year since.
COUNTY EXPENSES.
The first few years no detailed annual re- port of the county expenses was made; there are one or two reports prior to 1871, but it seems evident that the figures there are in- correct. Reports exist subsequent to 1870, but as to some of them it is probable that they do not cover exactly a year, and it is also quite evident that some mistakes have been made by the party who copied them or by the printer ; but it is believed the following table shows substantially the amount expended by the coun- ty each fiscal year. For a number of years the fiscal year ended with July, but more recently it has closed with October :
1871.
$21,125 74 |
| 1886
848,296 44
1872.
23,621 81
1887.
36,261 62
1873.
36,380 92
1888
44,897 14
1874.
31,459 45
1889
41,019 93
1875.
27,439 71
189 ).
34,150 48
1876.
23,814 89
1891.
31,244 44
1877
23,895 28
1892.
34,834 10
1878
31,789 84
1893.
33,943 82
1879.
40,976 25
1894.
42,559 05
1880
32,797 62
1895
41,201 78
1881.
27,224 96
1896.
44,617 05
1882
38,589 13
1897
42,363 88
1883
40,958 43
1898
41,158 55
1884.
47,760 60
1899.
40,976 25
1885
40,657 53 |
1900.
49,585 92
COLORED PEOPLE.
From almost the first settlement of the county, there have been a few colored people living in it, a number of whom have been suc- cessful and have made good homes. Dairy Nero settled upon the southeast quarter of
46
HISTORY OF LABETTE COUNTY
section 15, adjoining Oswego, in 1866, and entered it at the Government land office; he made it his home until 1889, when he sold it for a good price.
On April 4, 1870, the noon stage brought the news of the ratification of the fifteenth amendment, whereupon the colored men then in Oswego were informed of their rights, marched to the polls, the election being then in progress, where they deposited their ballots. Spencer Jones, who was the porter of the Oswego House, was the first colored man in the county, and of course one of the first in the State to exercise the right of suffrage.
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