USA > Kansas > Labette County > History of Labette County, Kansas, from the first settlement to the close of 1892 > Part 5
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The record of the proceedings of the Commissioners at their first meet- ing, on June 5, 1867, contains this order :
"It is further ordered, that the county officers shall hold their offices at home until a place is provided by said Board of Commissioners."
However, temporary offices were soon thereafter provided in Oswego for most of the officers. On January 14, 1868, I find among the proceed- ings of the Board the following order :
"County Clerk is hereby ordered to give notice to the various county officers of this county when and where county offices have been provided, when the same shall have been so provided."
47
PERMANENT SETTLEMENT.
On November 12, 1870, is the following order :
"County offices having been provided with furniture, ordered, that county officers keep office in court-house from November 20, 1870."
The first order which I find referring to the furniture for county offices is on January 14, 1868, when the Commissioners adopted the following :
"Whereas, the county offices of this county are destitute of furniture ; and whereas, such furniture is absolutely necessary for the transaction of business in said offices, therefore, it is hereby ordered that the County Clerk be and is hereby authorized to procure for said offices the following articles of furniture : Twelve office chairs, two tables 3 by 6 feet, one coal stove of large size, one book case; said furniture to be purchased or pro- cured on the most advantageous terms to the county, and paid for out of the county treasury with any money not otherwise appropriated."
On July 7, 1868, the Commissioners allowed bill to Hanford & Pierson in the sum of $19 for one half-dozen office chairs. This seems to have been the first bill of furniture bought by the county. On the same day the Commissioners made the following order :
"It appearing to the board that it is necessary, in order to preserve the books, records and papers belonging to the county, that they should be placed in a safe, and there being no safe in possession of the county authorities, therefore, be it ordered by the board, that the County Clerk enter into contract with R. W. Wright or some other person for the use of a safe for one year upon the following terms: The county will pay five per centum on the cost of the safe, and the county to have the use of one-half of the safe, with the privilege of going to the safe at pleasure. The safe to stand in R. W. Wright's business house, if rented of him : if rented of any other person it is to be placed in county rooms or some building convenient thereto."
On January 8, 1869, it is "Ordered by the board, that the County Clerk and Treasurer be and are hereby authorized to purchase a safe from G. R. Tileston, of Chetopa, if in their opinion it will answer the purposes of the county, at a price not to exceed $245" ; and on April 12th follow- ing the bill of R. G. Tileston in the sum of $245 for a safe was allowed, and the further bill of H. C. Bridgman in the sum of $16 for services in going to Chetopa and purchasing the safe was also allowed. On July 29, 1870, the Commissioners made a contract with Beard & Bro., of St. Louis, for two safes, one with burglar-proof box for County Treasurer and one large fire-proof safe for County Clerk, for which they agreed to pay $1,000.
48
HISTORY OF LABETTE COUNTY.
These items are given for the purpose of showing how gradually the Commissioners furnished offices and provided safeguards for the county property. Small bills of office furniture were procured from time to time as the necessities of the case seemed to require, but at no time has there been any lavish expenditure of money in furniture or other accom- modations for the county offices.
SELF-ORGANIZED COURTS.
Prior to the summer of 1866 there was really no civil protection for the settlers residing in what is now Labette county, it being 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 September, C. H. Talbott, of Oswego, was likewise ap- pointed. But even after their appointment 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 organization 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 formns of law partially observed, to the end that the real party at fault might be dis- covered, and only those who were guilty should suffer. One of these or- ganizations, 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 secretary. It met in Clover's cabin by the river. An- other 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. In- vestigation revealed the fact that James Moss, a settler on Hackberry, had been peddling meat about the time that Mr. Wall's oxen were miss- ing. The local court became satisfied that Mr. Moss and some of his neighbors were the parties guilty of stealing Mr. Wall's oxen, and con- cluded 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
FIRST COUNTY JAIL; ERECTED 1869.
49
PERMANENT SETTLEMENT.
reimbursing Mr. Wall for his oxen, and the balance to be used for con- tingent 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 depopula- tion. The parties 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 induced to believe that it would be as well for them not to further insist on taking their prisoners 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 be- tween settlers in reference to their claims. Very few men were found who would insist upon a course of conduct 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.
THE 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 Leg- islature, at which time the Eleventh Judicial District was created, since which time Labette county has been comprised in that 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 Oswego; Bishop W. Perkins, of Oswego; George Chandler, of Inde- pendence ; John N. Ritter, of Columbus; and Jerry D. McCue, of Inde- pendence.
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 ; W. 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 following request :
"To the Hon. Mr. Spriggs, Judge of the Seventh Judicial District : We, the undersigned, Commissioners of Labette county, do hereby re- quest that you order a grand jury for the October term of the District Court for Labette county, State of Kansas."
-4
50
HISTORY OF LABETTE COUNTY.
The first term of the court held in the county 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 doue 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, Joseph McCormick, J. S. Lee, Dempsey Elliott, W. C. Watkins, and W. D. Birum. Upon the direction 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 fifteen were duly sworn and charged. Joseph McCormick was appointed foreman, and Charles E. Simons, deputy sheriff, was assigned to them as their bailiff.
The next action taken by the court was the appointment of W. J. Park- inson as County Attorney. The following attorneys seem to have been admitted to practice in other courts, and to have been recognized as attor- neys at this, viz .: J. D. McCue, W. P. Bishop, W. J. Parkinson, and W. A. Johnson. Committees were appointed to examine applicants, and after what was supposed to have been an examination, and the applicants having satisfactorily shown their qualifications therefor, the following were duly admitted to practice : N. L. Hibbard, 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 the court. Some preliminary matters in the shape of demurrers, motions to make record 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 assault and battery alone, and was released from the charge with intent to kill, upon which plea he was fined but $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 made in court was by J. D. McCue, to require the justice to send up a complete transcript in case No. 1, James P. May vs. John Staginaff, which was an appeal from Jus- tice Logan's court.
This was the only term of court in this county presided over by Judge
51
PERMANENT SETTLEMENT.
Spriggs. Before the convening of the next term, in April, 1868, the Hon. John R. Goodin had succeeded 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 expense became a heavy burden, and a gen- eral desire for a better system was expressed. The County Commissioners submitted to the electors of the county, at the spring election held April 1, 1873, a proposition to vote ten thousand dollars to purchase and improve a poor-farm. The proposition carried by a large majority. The bonds were sold to Hobart & Longwell, at eighty-five cents on the dollar. The Commissioners bought the northwest quarter of S. 33, T. 33, R. 21, and paid therefor four thousand dollars. They immediately made arrange- ments for the erection of a house thereon, and by October of that year the house now standing on said farm was ready for occupancy.
On May 7, 1873, it having been determined to open the asylum for the poor in temporary quarters until the county house could be erected on the farm just purchased, T. B. Julian and his wife Emily C. Julian were em- ployed as superintendent and matron of the house, at a salary of forty dollars a month for the former and twenty dollars 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 10th 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 permanently established there.
LIST OF SUPERINTENDENTS OF POOR-FARM.
T. B. Julian, from May 8, 1873, to September 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 McCaw, 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.
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 town- ship, early in 1868, took steps to bridge several of the streams leading
52
HISTORY OF LABETTE COUNTY.
into the Neosho. A tax of one-and-one-fourth per cent., to pay for such bridges, was levied that year. The dissatisfaction which resulted from this action was because of the belief that the money was not to be hon- estly appropriated, but that bridges of an inferior quality would be erected, for which a large price was to be paid. Thereupon, Anthony Amend was appointed commissioner by the Board of County Commissioners, to make estimates and oversee the construction of these bridges.
PROPOSITIONS BY THE COUNTY.
On June 21, 1871, the board, on petition of ninety-six electors, sub- mitted a proposition to vote $40,000 for bridges in the county, and an election 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. Afterward 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 Che- topa, Oswego, Montana, and Parsons, 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. Ou canvassing the vote it was found that not a single vote had been cast for bonds excepting in four townships; these were as follows : Montana 1, Labette 5, Chetopa 156, Parsons 83, total 245; all the rest of the vote, amounting to 1,295 votes, was against the bounds.
BRIDGES ACROSS THE LABETTE.
The first bridge in the county built by order of the County Commis- sioners was across Labette creek, west of Oswego. The steps leading to this commenced on July 17, 1869, when the Commissioners ordered the question of issuing $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 fol- lowing, the board issued $500 of the amount so voted to Thomas Powers, and contracted with him for the construction of the bridge. On Novem- ber 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. Babbit, 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
53
PERMANENT SETTLEMENT.
obligation against it, and to assume control of the same. On April 3d, by agreement, the contract with Messrs. Powers and Babbit was canceled, the county agreeing to pay $850 and take the bridge. The bridge was soon thereafter 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. Subse- quently 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 Fairview 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 1885, when it was replaced with an iron structure, 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 Labette; 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 Neo- sho, work on which was commenced at once, and the abutments were completed early in 1872. Before the reorganization of the Board of County Commissioners in January, 1872, the old board made an appro- priation of $950 to aid in the construction 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 Au- gust 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 combination of wood and iron, and cost $1,900, $999 of which was paid by the county, and the balance by Chetopa.
In 1888 this bridge gave place to the fine iron structure which now spans the Neosho at that point, and was erected entirely by the county, at a cost of $8,500.
On June 30, 1872, Oswego city and township voted $20,000 for the pur-
54
HISTORY OF LABETTE COUNTY.
pose of constructing two bridges across the Neosho; one was to be located north and the other southeast 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 delivered before any work was done, and as usually happens under such circumstances, the work was not done. Finally, some two years thereafter, a compromise was effected with the bridge company whereby it was to put in one bridge and be re- leased from its further obligation. 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 ac- cepted by the county as a county bridge.
In 1885 it was arranged between the officers 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 arrange- ment an iron bridge was constructed during the year, for which Oswego built the piers and abutments and Cherokee county put on the structure. 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 presented the petition of himself and 131 others, asking for an appropriation to build a bridge 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 order 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 Par- sons, and these points were designated by the commissioners. Notwith- standing 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 appropriated $7,000 for a bridge across the Neosho directly east of Parsons, and it was built that season.
55
PERMANENT SETTLEMENT.
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 appropri- ations 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 thor- oughfares : 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 county'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 direction.
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.
Neosho
515
728
621
North.
581
895
850
Walton
694
714
Osage ..
930
1,394
1,588
Mound Valley ( including city )
275
1,408
1,829
Labette.
282
626
773
Liberty
720
906
861
Montana
783
871
838
Oswego
640
942
660
Fairview.
464
852
826
Mount Pleasant ( including Altamont city)
249
657
1,230
Canada
480
675
741
Elm Grove ( including Edna city )
1,096
1,400
Hackberry
637
1,104
1,184
Richland
1,280
1,068
Chetopa
960
1,305
2,265
Oswego.
1,196
2,351
2,574
Parsons.
4,199
6,736
Total of county.
9,973
22,735
27,586
Altamont
454
Edna
26
321
Mound Valley.
138
545
Howard.
752
828
Cities.
56
HISTORY OF LABETTE COUNTY.
ASSESSMENT FOR 1867.
The following is the amount of taxable property in the several town- ships of the county as reported by the county assessor on the first assess- ment ever made of the county, in the year 1867:
Name of township.
Amount of ta rable property. $18,126 00
Name of township.
Amount of taxable property.
Oswego township.
Montana township
$9,369 50
Chetopa
66
16,961 00
Neosho
17,120 00
Hackberry 66
5,609 00
Labette
3,116 00
Canada 66
2,549 00
Big Hill
1,862 00
North
4,596 00
TAX SALES.
So many different considerations enter into the question of the pay- ment 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 authorizing a sale of all real estate on which any county or city held tax-sale certifi- cates ; proceedings were required by which a judgment was rendered de- termining 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 describing the real estate on which a 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 following state- ment, prior to 1877 very much more land went to sale for taxes than after that date. In 1873 the Advance contained twenty-five solid columns of description of real estate to be sold at tax sale. In 1874 the Independent contained thirty-five columns of such matter; in 1875, twenty-three col- umns. 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 twelve columns of the Independent were required ; and a less amount of space has been required each year since.
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